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Newspaper Clipping - Newspaper Clipping Scan - Letter and newspaper clippings covering various lawsuits and legal questions through the years. - 9/6/1934Patch T/ Transfer Patch HAROLD E. STASSEN CHARLES P. STONE ELMER J. RYAN County Attorney City Attorney SANFORD BUILDING FARMINGTON, MINN. Telephone 263 LAW OFFICES FARMERS UNION BUILDING East Grand Avenue SOUTH ST. PAUL, MINN. La S.IIe 1815-1816 September 6, 1934 Mr. Pat Mooney R.F.D. Mendota Minnesota Dear Sir: Enclosed herewith find copy of the Brief which I have submitted to Judge Schultz in connection with the case of Post v. Township of Egan. Mr. Curtis has not yet filed his Answering Brief. I feel that we should have a good chance of having the verdict of the jury reversed. When the Judge makes his decision on this motion, I will immediately notify you and the Town Board oaf then meet with me and we will go over the situation. Please return this copy of the Brief after the Town Board has looked it over as it is my office copy. HEB:ds Enc. Yours very truly, III I. A p--r� Tr:g.lr rr 1 .J [i f. It . 11 I '1 •-. 1 7,1 ' "�l..�t •1111'yy 1"l ■ a I • 1,• 1 A* 1- . I1 —1 1-. } '.111141° • ' - • r1: { t�11 . • -11 Ir7 11 - '''III •'— �1`1 J '.. I'r ♦ ir, ill' dl I ��Y-1, I • itII 1 Or „FT, mill , 'fin ^�1r . I s 1t• _ � It ■7 fij �r^ } �. a 1. ..I • ri i L. • 7 • II 'Fr • t f P1 • _ •1{ n. I ' yll •d 1'i of .I I IV' 1 7I • 1Y 2 II =1 u�_I1'I 11' 11 ei I� l •.. Jyt • - `I • 71* • 6,7 -ice I •yr `-.• , y• 16 I ll' rr ' I - "-II*i' „i„.t1��. . r- 1.1 Y@- T 61 IT, y. , . =1 L• A .s1 • .1 - 1 u. rgRl' I'al I _ 1 • } -S 11 • • • • El • — • • P. • Arr1tOVED subdivision or - OVER USE OF MICROWAVE ANTENNAS - (°- Z 40. Heller: 'lost the battle but he'll win the war' By BETTY McMAHON Staff Writer EAGAN -- Edward P. Heller III said he has lost the battle, but he'll win the war, in reaction to last Thursday's federal court rul- ing that determined his Home Box Office (HBO) signal in- terception was illegal. The Eagan resident said he will appeal that decision to the U.S. Eighth District Court of Appeals. The ruling was in response to a lawsuit filed July 19, in which Movie Systems, Inc. (MSI), distributed locally by TV@, at- tempted to prevent Heller from "pirating" HBO television pro- grams. The company was reacting to many homeowners' unauthorized uses of microwave antennas. In- stead of paying the company a $19.95 service fee to receive HBO programs broadcast from the top of the IDS Tower, some people bought antennas capable of in- tercepting the signal to avoid the fee. Raymond Conley, attorney for MSI, said 25,000 Twin City "pirates" deprive the company of $500,000 in potential monthly revenue. The company has 15,000 actual subscribers in the Twin Cities, Heller owned an antenna and was quite vocal about his right to use it, so MSI chose to try to make an example of him in its precedent -setting suit. "He made several statements publicly inviting us to challenge him on this issue," said John Kilian, assistant general manager of MSI. "So we took him up on it. It was important to set a precedent in the Twin Cities and the United States for that matter." Heller, 35, a patent attorney for Control Data Corp., acted as his own attorney in the case. He claims that U.S. District Court Judge Robert Renner did not address the issues brought up EDWARD HELLER in his defense. "The judge failed to even mention the U.S. Con- stitution in his opinion," Heller said. Kilian said, however, the deci- sion was a "very solid, sweeping, all -encompassing decision." He said, "The judge obviously took his time in delivering the deci- sion. He left no stone unturned and answered every argument by Mr. Heller." Heller maintains the decision is a violation of his rights to privacy, a right to watch whatever he wants on TV in his own home. The company's ac- tions are also a violation of the anti-trust law, he claimed. Judge Renner said in his deci- sion that both claims had no merit. Heller said he has received public support for his position. "There are a lot of people who believe in civil liberties and recognize the implications of us- ing spy vans to tell what you're watching on TV," he said. Kilian said MSI put a van together in the summer to "prove a technological point. It had never been done before and was used about a day and a half to test to see whether it would determine whether someone was receiving the signals illegally," he said of the van that prowled neighborhood streets, elec- tronically searching out illegal antennas. Kilian said the van is now dismantled. Heller said he expects in- dividuals and groups to support him in his appeal by filing friend - of -the -court briefs, It could be a year before the ap- peal is heard, "I expect to win in the appeal," he said Dakota County Tribune, Inc. 420 3rd St. 147240 Farmington, Minnesota 55024 Co -Publishers Joseph R. Clay — Daniel H. Clay Janet Greenslit, Managing Editor John Swennes, Advertising Manager Duane Hansen, Plant Superintendent Entered as second class matter at the post office at Farmington, Minnesota. Second class postage paid at Farmington, Minnesota. Issued weekly from offices in Farm. ington, Lakeville, Rosemount, Apple Valley and Burnsville. SUBSCRIPTION RATES (Payable in Advance) Inside Minnesota Outside Minnesota 6 Months $ 8.50 6 Months $ 9.50 9 Months $10.00 9 Months $11.00 12 Months $12.00 12 Months $13.00 Servicemen Anywhere $12.00 one year Main Office and Plant at Farmington - 4617884 Branch Offices Burnsville -Eagan Apple Valley 890.2530 431-7047 Lakeville 469-2000 Rosemount 423-2636 _ rletuil1{:i J referendum dropped from ap- Precinct 4 proximately 56.6% to 54.6% while Precinct 5 vv.. 400 403 796 mere art ivw a. ___ to make major reduction 825 without seriously impairing thi COMPLAINT COULD BE FILED -- Campaign flyer questioned BURNSVILLE — A complaint could be filed over a piece of literature that urged District 191 residents to vote no on the levy referendum election Oct. 26. A one -page mimeographed sheet was distributed Sunday and Monday, Oct. 24 and 25, mostly on automobiles. It was fairly well distributed throughout the district. Because it is nearly identical to a piece of literature distributed before the first levy referendum election, it is assumed the same person(s) is responsible. The first piece of literature, however, contained the correct effect of a five -mill tax increase while the second piece did not accurately reflect the effect of a three -mill, three-year levy increase. It also did not contain The re- quired disclaimer, such as "prepared and paid for by..." The literature's figures added past tax increases — the five -mill levy approved in 1980 and the discretionary levy increases -- to the proposed three -mill increase, indicating a total of 101/4 mills in- stead of 31/4 mills. It also included the increase in taxes as a result of the successful ParksBond '82 referendum conducted by the Ci- ty of Burnsville. As a result, the literature show- ed, for example, that taxes on property with an assessor's market value of $70,000 would in- crease $1,511 annually when in fact the increase would have been AT DAKOTA COUNTY VO-TECH -- $48 annually; $76 with ParksBond '82 included. Superintendent Theodore Foot said it would be more appropriate if a citizen filed a complaint in- stead of administration or a board member because it might look like "a sour grapes approach on our part." It was suggested a resident who actually receives the literature file a complaint, ii interested. A complaint must be filed wit' the county attorney's office From there, it would be turner over to the sheriff's departmen for investigation. A guilty part} or parties would be charged win a misdemeanor, Business Manager Carter Christie said, and probably have to pay a fine. Superintendent Don McGuire settles in to new position By SANRA FORSMAN Staff Writer ROSEMOUNT -- Gesturing toward his desk, Donald J. McGuire, new superintendent of Dakota County Vocational Technical Institute, stated, "I haven't spent much time there. I've been out in the building visiting program areas, meeting staff and talking with students." He remarked this week he would be visiting with the off -campus special education staff. "I'm enjoying the new position," continued a smiling McGuire. "I'm more comfortable today, Friday, Oct. 22, than a cou- ple of weeks ago." Discussing why he decided to make a' job change after 22 years as superintendent of the Lakeville school system, as staffing, finances and manage- ment, as having similarities. He noted in his new position he does not have to deal with the transportation of students. The superintendent described Vo- Tech's budget process, also faced with cuts, as more complicated. McGuire remarked that 12 years ago, as superintendent of a member district, he was involved with the organization of In- termediate District 917. McGuire smiled when he stated he was familiar with the original building and laughed when he ex- plained, with additions, the building now has 500,000 square feet. The new superintendent wants to see the continued expansion of programs to keep pace with the DONALD J. McGUIRE took over the reigns of Dakota County Vocation- al Technical Institute Oct. 1. During the first threw • . _ -. war L...7 1, A, Minneapolis Star and Tribune Thursday May 2 / 1985 1 Y I 77 Minn. Valley WUdiltel Refuge 13 Minnesota R. Fort Snening cp. \State Historical Park Wetlands ti Q' ck Wetlands Proposed building site 13 Wetlands of Eagan Wildwood Ln. 0 rh Source/U.S. Army Corps of Engineers Controversy pits Eagan warehouse vs. wildlife By Ann Burgard Staff Writer Every night as dusk approaches, Mary Ramnarine begins to watch the driveway for her guests. Sometimes, deer show up to eat the food she puts out. Other times, ducks, pheasants and other wildlife come out of the wetland near her house in Eagan. Ramnarine likes this routine. So when she learned in October that a developer plans to build a storage warehouse complex on the wetlands about 150 feet from her home, "I nearly had a heart attack," she said. She enlisted 247 neighbors to sign a petition seeking to block construc- tion of the 9.75-acre complex in a 24- acre wetland next to Fort Snelling State Park and the Minnesota Valley Wildlife Refuge. And she'll be among those testifying May 20 at a U.S. Army Corps of Engineers hearing on whether to grant a building permit. The neighbors and several govern- ment agencies oppose the plan be- cause they say the complex could damage a trout stream, wildlife habi- tat and sensitive plant life by alter- ing the wetland's drainage system. The opposition has surprised owners Luther Stalland and his son, Peter, of Edina, who bought 13 acres of the wetland about 20 years ago with the intention of building on it one day. The city has rezoned the land for light industrial development. "I am surprised by the people that oppose the project when it's been clear for many years" the land could be developed, Peter Stalland said. "Everyone up and down the river has been building for years," said Luther Stalland, who estimates the value of the land at $500,000. If the permit is denied, he said, the Stal- lands will sue the Corps. Corps approval is required for build- ing on wetlands under the federal Clean Water Act. A decision is ex- pected within 40 days of the hearing. To prepare the site for the nine stor- age buildings — most of them 40 by 200 feet — the Stallands will have to bring in 110,000 cubic yards of fill. The Pollution Control Agency and Department of Natural Resources (DNR) say that could alter the area's drainage and damage the surround- ing area, which includes Nicol's Meadow Fen, one of 22 designated calcareous fens in Minnesota, an area where rare plants grow. The fill and the weight of the build- ings could compact the underlying peat, resulting in "an increased or decreased flow (of water) to the re- mainder of the fen/wetland, which could result in either local flooding or drying," said an analysis of the project prepared by the DNR. In addition, the trout in Harnack Creek, which runs through the area, depend on cold water for survival. Opponents fear that warm runoff wa- ter from the development would raise the temperature of the stream and endanger the fish. "There is potential for damage and a lot of uncertainties about how it (building) could be done and so we recommended that the permit re- quest be denied. There is other land in the metro area that can serve for storage," said Curt Sparks, Pollution Control Agency staff member. Last fall, the Eagan City Council vot- ed 3-2 to give the project preliminary approval. Although she believes that "building down there is the dumbest thing I've ever heard," Mayor Bea Blomquist said, "the fact remains that he does have zoning." Luther Stalland said he doesn't be- lieve the project will harm the envi- ronment. "Our plan is feasible and won't destroy any of the ecology." "All we gain in this fight is keeping the wildlife here," Ramnarine said. "We just want things to stay as they are." 2A—Eagan Chronicle —Wednesday, June 1, 1988 ACROSS CITY LINES Rosemount battles U Rosemount will go on the offensive in its ongoing sovereignty battle with the University of Minnesota. At a regular City Council meeting May 17, Mayor Rollan Hoke, City Administrator Stephen Jilk, and Councilmembers Vernon Napper and Joseph Walsh outlined city strategies in a war with the U's "humungous bureacracy." At the heart of the matter are the ghosts of two issues past: Does the state plan to use 8,000 acres of university land in Rose- mount to build an airport? Will the U provide a rural water system to replace wells of 28 Rosemount households that were contaminated four years ago by the U's research center ac- tivities? "We must have a more direct link to (U of M president Richard) Sauer," said Hoke, and listed a tentative battle plan that included a meeting between Sauer and city officials, a letter to the board of regents, and, if necessary, retaining a political lobbyist to represent the city's interests. "And we must act immediately." Firefighters praised If city government were an organized religion, they'd be canonized; if life were fair they'd be lionized, eventually eulogiz- ed. But prized, in every case prized. Fifty-seven Apple Valley men and women are volunteer fire fighters. They give a solid 10 hours a week of maintenance and training time to the city and in addition are on call days or nights to battle a burning city. "The social ethic of volunteerism to one side," says City Ad- ministrator Tom Melena, "our fire fighters save the city $3 million a year." Apple Valley pays its volunteer fire fighters $6 an hour when they are on the job; they must attend a two -to -three-hour drill once a week, for which they are paid $6 flat, and they spend unlog- ged hours giving safety exhibits and talking to children about the deadly fascination of fire. Burnsville site of games Burnsville will be the site of the 1989 Minnesota Star of the North State Games. The games will bring an estimated 5,000 amateur athletes of all ages to compete in individual and team competition in 28 events. The games will be June 24 through July 1, and will be open to any Minnesota resident. The first Star of the North Games will be about the same time this year in St. Cloud. The games are a creation of the 1987 Minnesota Legislature, said Chuck Halberg, Burnsville resident and a member of the State Games Board that oversees the games. Amateur sports organizations will take part, and each will be invited to send representatives to the games, he said. City offers armory site Apple Valley has offered a 10-acre site at Hayes and County Road 42 to the Army National Guard, which wants to build an ar- mory in the city. Councilmembers agreed Thursday night to furnish the site, take part in the design and construction, and in general to support the project any way it could. City Administrator Tom Melena said the deal with the Guard is for the city to supply the site and pay 121,2 percent of the cost of constructing the 22,500-square-foot building. "In the end," said Melena, "it will be about 80 percent the city's and 20 percent the Guard's." Student to go to Russia An Apple Valley High School junior has been selected as one of 30 Minnesota students to take part in a United States -Soviet Union youth exchange program this summer. Jennifer Rogers, 17, whose parents are George and Karen Rogers of Burnsville, will represent Minnesota as a student am- bassador during a three-week tour of Russia from June 23 to July 15. Selected students are expected to raise about $3,000 to pay their expenses. In a letter to the editor last week, Jennifer wrote that she'd raised "$1,200, with difficulty," and needed to raise the re- mainder by next Sunday. Planner wins award Plenty has gone on in Burnsville during the past 18 years. Art Haglund has had a hand in making it happen. The Burnsville Planning Commission member who has served on the commission since 1970 was recently awarded the Citizen Planner Award by the Minnesota Chapter of the American Plann- ing Association. Haglund has seen a number of building trends during his years on the commission. When he joined the commission, there was great concern over the number of filling stations in the communi- ty. Later, concern was focused on fast food restaurants, and still later, multiple -family homes. Former city attorney reflects on philosophical differences By S. Maus Bettenga A difference in philosophy. That's the best way former ci- ty attorney Paul Hauge can find to describe the City Council's decision to drop Hauge, Eide and Keller as the city attorney. Hauge, who had been city at- torney since 1972 and associated with Eagan's legal counsel since 1963, was ousted by the council in early May in favor of Jim Sheldon of McMenomy & Sever- son. Hauge's firm will handle criminal prosecution for the city which amounts to approximate- ly one-third of the city's legal business. "I can't say I didn't see it com- ing," Hauge said in an interview in his Eagan office. "We had the support of some of the longer term counciimembers and we appreciate that. "It will be a drastic change for me personally. I have no regrets for having served the city. I think our firm did a credible job and served the city well through the growth years." Aggressive growth of neighboring townships and cities nearly swallowed Eagan in Hauge's early years with the ci- ty. In August 1961, Bloomington's City Council in- itiated proceedings to include the NSP Black Dog plant in its boundaries. Plans were made to annex Burnsville. To protect its tax base, Burnsville petitioned for incorporation. The state Supreme Court ruled in 1964 that Bloomington could not annex Burnsville, opening the door for Burnsville's incor- poration. Burnsville wanted to include the Cedar Grove area which, at the time, provided half of Eagan's population and tax base. Voters chose to incorporate Burnsville. The majority of Cedar Grove residents voted against the move, the section re- mained a part of Eagan. Eagan remained a township until the early 1970s then became a village and finally a city in 1972. Throughout the transforma- tion, Hauge and his legal part- ner, Luther Stalland, handled Eagan's legal work. "We did a lot of legal administrative work for the city during that very hec- tic time," Hauge said. "Overall, the city has been very fiscally responsible. They've built a good tax base and done responsible land use planning," he said. "I think Hauge and his firm did a good job for the city," said former mayor, Bea Blomquist. "They brought the city through the growth years. Together, we watched the population double. In his 25 years of service, he did very well by the city," Blom- quist said. "What I want as mayor is so- meone who will come out with a straight answer when the coun- cil asks for it," said current Mayor Vic Ellison. Paul Hauge served as legal counsel for Fagan township, village and ci- ty for nearly 25 years. He was part of the firm which opened the first law office in Eagan. (Photo by S. Maus Bettenga) During council discussion of which firm would best serve the needs of the city, coun- cilmembers Ted Wachter and Tom Egan suggested a six- month probationary period for Hauge, Eide and Keller to ad- dress areas of concern cited by the council. Councilmembers David Gustafson, Pam McCrea and Ellison voted against the idea and in favor of switching firms. Over the years of working with the Town Board, City Council and various city commissions, Hauge said he believed his role was to respond to questions rais- ed by the council. "My predecessor was one who would tell the board how to vote. My position was not to tell them how to vote but to provide a legal opi- nion based on facts presented," Hauge said. "I don't think any consultant to the city, whether it be city at- torney, engineer or traffic ex- pert, should tell the council what conclusion should be reached," Hauge said. One criticism of Hauge's firm was that it did not respond quick- ly enough with a legal opinion when asked by the council, especially on the Cliff Lake Cen- tre project. "It's dangerous to of- fer an opinion off the cuff. Very often, it's a total mistake. Especially in the case of Cliff Lake Centre, the stakes were just too high." Facts available to city staff members and consultants work - Eagan 4th party needs volunteers Eagan's annual 4th of July Celebration, sponsored by the Eagan Lions Club, welcomes participants for the parade. Neighborhoods, blocks, clubs, businesses, churches, youth organizations are all welcome to participate. The theme is Walt Disney characters. Send the name of your float/character to Lion Don Clark, Town Centre Professional Building, 1260 Yankee Doodle Road, Suite 100, Eagan 55123 by June 15. Other activities scheduled are a carnival, street dance and fireworks display. ing on the project changed from week to week, Hauge said, mak- ing it difficult to offer an ac- curate legal assessment of the situation. Facts on the Diffley-35E Center proposal were more clear-cut and all the necessary information was available. That situation was more conducive to making an accurate legal assessment, Hauge said. Last January, with the change in residents serving on the City Council came a new philosophy, Hauge said. Hauge's tact of pro- viding an objective legal opinion was not well received by some of the new members, he said. Reviews of all city consultants were conducted this spring and Hauge lost the city attorney job to Sheldon. McMenomy & Sever- son, which has offices in Apple Valley, also serves as city at- torney for the city of Apple Valley and does legal work for School District 196. "It's a precarious position," Hauge said of one law firm representing two neighboring cities and a school district they both share. "They may have to back out at times. Those kind of conflicts aren't uncommon at all," he said. "I've know most of their primary lawyers for many years and have great respect for them. We've told them that we would cooperate thoroughly with the transition. We're certainly not going to set up any obstacles," Hauge said. Eagan Rotary family bike ride planned June 4 Eagan Rotary Club will spon- sor a "Family Fun Bike Ride," 10 a.m. June 4. The 10-mile course begins at Rahn Park, proceeds to the Min- nesota Zoo, and returns to Rahn Park. A picnic follows the ride with food, refreshment and drawing for prizes. For more information call Richard Newman at 452-1111. Chronicle MINNESOTA SUBURBAN NEWSPAPERS June 1, 1988 EAGAN Vol. 9, No. 23 Scherer's dream blossoms in newly planted garden By S. Maus Bettenga The man who cracked the whip is gone. The man with the strong back remains. Gary and Jan Skinn are carry- ing on her father's tradition of planting and maintaining Scherer gardens along Cliff Road. "It was his dream that we carry on. We never realized how much he did, we're really notic- ing it this year," Jan said. Dick Scherer, who planted and maintained the rolling acres of gardens after he retired from truck driving, died last fall of heart disease. Passersby often stopped to admire his rock garden in the front yard. He add- ed a few flowering plants and the tradition of the Scherer garden blossomed, said Lorraine, Dick's widow. "I miss him. But I feel close to him out here," she told a visitor last week as she watched Gary and Jan plant some of the more than 3,000 plants in the scenic garden's flower beds. Although Dick was weakened by heart ailments during the last years of his life, he was anxious to continue the tradition he had established. "I can't do much of the physical work," Gary said Dick told him, "but I'll crack the whip if you'll be the muscle man." Together they created the fountains, trellises, bridges and flower beds on the Scherer pro- perty overlooking Thomas Lake. Jan took a week off from her full-time job last week to help Gary ready the garden for the busy summer season. They worked as a team, tilling the beds, readying the soil and plan- ting seedlings one by one. At times, Gary worked so fast, Jan could barely keep up. "She's try- ing to get in my way," he kidded. "I like to be the boss sometimes too," she replied, of- fering suggestions on which species to plant next. The planting pace was fast and furious. They wanted to have everything ready for the first big viewing on Memorial Day weekend. Scherer gardens have become a traditional stop for gardeners, families and those who just like to look, Lorraine said. Many couples have found the gardens an ideal wedding set- ting. Most Saturdays this sum- mer glistening brides, dashing grooms, proud parents and friends will fill the gardens for the exchange of vows. While the gardens average three services a Saturday, as many as seven have been squeezed in, said Lor- raine who schedules all the events. Scherer said weddings at the gardens often reflect the lifestyle and personalities of the couple. "One of the most unusual sights was an entire bridal party leaving on motorcycles. Everything was flying in the breeze as they took off." One couple departed by hot air balloon, another by horse and buggy. One couple marks its wedding anniversary each year with a picnic in the gardens, she said. Several flower beds and part of the rock garden had to be moved for the scheduled widen- ing of Cliff Road. When surveyors came to place stakes People's Poll results in Approximately 7 percent of residents who received Mayor Vic Ellison's People's Poll in late April responded to the 15-question survey, Ellison's campaign commit- tee reported Thursday. Of the 10,000 surveys delivered, 686 were returned, the Ellison for Eagan Volunteer Committee reported. Ellison said he was gratified by the tremendous response and he intends to conduct a similar exercise next year using different issues. City Councilmember Tom Egan criticized the survey when it was distributed say- ing the questions were simplistic and that many of them couldn't be answered with a simple yes or no, as the survey required. He also said Ellison prepared and distributed the survey on his own without consulting city staff or council members. Ellison said after the surveys were distributed that he would be willing to share results with staff and council members. "It's not a scientific poll, but it gives a good indication of what people think on some of the important issues facing Eagan," Ellison said. Distributed and compila- tion of the poll results were done by campaign volunteers, Ellison said. No tax money was used to finance the project. Jan and Gary Skinn, daughter and son-in-law of Lorraine and the late Dick Scherer, are carrying on the flowering tradition in gardens along Cliff Road in Eagan. The team finished planting thousands of plants over the weekend. (Photo by S. Maus Bettenga) to mark -the route of the road, several ended up in the middle of the fountain near the driveway. "It was heartbreaking to see the workers place the stakes there," said Jan. "But even as they were putting them in, they told us they would be the first to sign a petition to have the line adjusted," she said. County planners agreed the line could be adjusted, the fountain saved. Scherer said she and her hus- band formed friendships with many of the regular visitors over the years. She'll be greeting visitors by herself this year, but she can and does take solace in the newly planted gardens. "I feel so close to him here." County aims to sell court facility By Gary Gunderson FOR SALE: recently con- structed building on 11-acre site, complete with courtrooms and offices. Good location, will sub- divide. Easy terms, buyer sets price. What's for sale is Dakota Coun- ty's four -year -old Western Court Facility at Rahn and Cliff roads in Eagan. The building houses two courtrooms and offices for human service workers who per- form duties for the courts. These offices will be moved to new facilities in Apple Valley. Lack expansion space and a desire to consolidate county of- fices are reasons for the move, said Ken Harrington, program manager for the county's plann- ing department. Plans call for moving offices from eight loca- tions scattered around the county to buildings in Hastings, Apple Valley and a yet -to -be decided location. Bids for the Eagan property will be taken until June 14, accor- ding to county documents. The County Board will decide which bid wins at its June 28 meeting. The board has not set a minimum price for the property, Harrington said. The property's assessed market value is $1.1 million. It will be reassessed after it is sold, said a clerk in the county assessor's office. After the building is sold, the county will lease space from the buyer until Eagan's courtrooms and offices can be moved to Ap- ple Valley, probably in late 1990, Harrington said. The Apple Valley facility, which will include five courtrooms, office space and a public library, is scheduled to be completed by Nov. 1, 1990. It will be at the intersection of County Road 42 and Galaxie Avenue. The Eagan property is zoned limited business, the designation given to areas near residential neighborhoods, said Shannon Willey, Eagan zoning ad- ministrator. Uses allowed under this zoning include offices, clinics, banks and churches. Sealed bids for the Eagan pro- perty can be sent to Dakota Coun- ty Government Center, 1560 W. Highway 55, Hastings, Minn. 55033. Mother Nature, mosquito control reduce insect's numbers By Terrance Mencel It is dubbed Minnesota's unof- ficial state bird — the mosquito. Those fearless pests that drive human beings buggy have ap- proached their most productive month. June is the prelude for many evenings of swatting mos- quitos and applying repellents. But unless the metropolitan area gets a good soaking of rain the next few weeks, the mos- quito numbers will remain low, said Ross Green, public infor- mation officer for the Metropolitan Mosquito Control District. "It takes about 1 to 2 inches of rain to bring out a major brood of mosquitos. On dry years, such as this, they'll need more than that," said Green, who has work- ed 21 years for the district. Although Mother Nature has a lot to do with controlling the mosquito population, the Metropolitan Mosquito Control District also is trying to reduce the mosquito population. The district's goal is to reduce the number of mosquito bites in the metropolitan area to two bites every five minutes. "A human being cannot tolerate more than two insect bites in five minutes before get- ting insect spray," Green said. The district uses its $9 million annual budget to control mos- quitos in its 3,300 square miles and to educate the public, -he said. More than 3,000 breeding sites are controlled in western Dakota County alone. "Our mosquito abatement is becoming more effective. All you have to do is step outside the metro area," said John Voss, Dakota County commissioner and district chairman. Health is another reason for control. "Historically, pest an - WORKERS: To Page 3 Apple Valley/Rosemount, Eagan SurCurrenWVednesday, Sept 20, 2000 Awada: No conflict of interest in sign vote By Joshua Nichols Sun Newspapers Despite concerns raised by Eagan OPEn, City Attorney James Sheldon said Mayor Pat Awada did not have a conflict of interest when voting last month to schedule a meeting on campaign signs. The Eagan City Council voted unani- mously last month to schedule a Nov 21 public meeting to discuss the passibility of limiting where campaign signs can be displayed. Awada owns the Eagan -based compa- ny Capital Companies Inc., which has a division that sells signs nationwide. Members of Eagan OPEn (Eagan Or- ganization for Process Enlightenment) claimed Awada should have mentioned she owned the company before taking part in the vote. The group also raised concerns over Awada voting to institute a primary and her company selling "cam- paign materials for the June community center vote. However, in a memo to the city, Sheldon wrote that it can never be considered a conflict of interest when a council member schedules a public discussion on an issue over which the council has authority. Awada defended not mentioning her connection with Capitol Companies, say- ing she did not see any conflict of interest Awada owns the Eagan -based company Capital Companies Inc., which has a division that sells signs nationwide. in her vote. "All I was doing was voting to schedule a public hearing," Awada said. 'There was also no conflict because there was no exclusive benefit to me whatsoever." Awada also said that if the council votes to limit where campaign signs can be located, it would be more likely to hurt her business than help it. City Council candidates Duey Bendt, Cyndee Fields and Shawn Hunter bought signs from Awada's company. Sheldon backed up Awada's explana- tion in his memo, saying that it also can- not be conflict of interest unless the vote would affect Awada's company more than any other company that sells signs. Awada said the Nov 21 discussion will be about whether to limit where signs can be placed. The city has no authority to restrict the number of signs, she said. She said she plans to vote on a possible sign ordi- nance, adding that she supports restrict- ing where signs can be located. "I support the idea fully," she said. `I think it's clear that there are too many signs in some public areas in Eagan. We cannot restrict signs on private property, but if we can do so on public property, Fm all for it." The council brought up the issue in Au- gust but decided to hold off on voting to change the rules until after this fall's elec- tions. Eagan OPEn has asked Common Cause of Minnesota to review the August vote and whether it was unethical for Awada's company to sell signs to a group supporting the $15.3 million central park referendum. Awada dismissed the accusations as personal attacks. `"this is just another example of nega- tive attacks that come out of certain groups of people in Eagan," she said. "I think the people are tired of that and want to see it stop." EAGAl\ September 20, 2000 INDEX Opinion Page 4A Worship t?irectory.Page 17A Let It Be Known...Page 19A Calendar Page 21A Sports Page 23A Classifieds Page 1 B District 196 revises policy Administrators may request background check for information on volunteers, contractors By Berk Haan Sun Newspapers The District 196 Board of Ed- ucation has voted to update its policy on background checks to cover volunteers and contrac- City attorney: Awada does not have,-f' conflict of interest regarding signs by Dan Gearino Staff Writer Last week, Eagan City Council Member Sandy Masin questioned whether Mayor Pat Awada had a conflict of interest in voting Aug. 15 to schedule a public hearing regarding the issue of a sign ordinance. In response to Masin's question, City Attorney James Sheldon investigated the situation and determined that there was no conflict. Masin inquired about the potential conflict at the Sept. 5 City Council meeting. Awada's business, Capital Signs, a division of Capital Companies, produced cam- paign signs for City Council candidates Shawn Hunter, Duey Bendt and Cyndee Fields. Sheldon said that questions of conflict of interest are inevitable when elected offi- cials have outside careers, but that he has rarely seen a case of actual conflict. Sheldon said, "The cry seems to be that anybody who has a business interest can't vote on anything," a sentiment which he believes is inaccurate. T 34S s379/ 48 MONTH 48 MONTH 'Low A.P.R. in lieu of $500 rebate, lease p us 1st payment, lic. fee Sr DOC, payment - tox, tax on cash OAC PER MO. C35CASH/TRADE PER MO. $1,500 $ 1 5 00 CASH/TRADE PER MO. PER MO. FIRST 395/PAYMENTPAYMENT ONLY! ONLY! FIRST lvIVlVlri T3 "" mot M.S.R.IP. $26, Disc. & Rebate _3,, $23,44 • $1500 cash or trade plus 1st pay lic. & DOC, tax on payment an SUMMER SELLDOW N! ! 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S Sale Price 9, Q Lc..,.,c•,.s 0, dismisses suitaainst Eagan,Judge g Met Council BY JOSHUA NIcnoLS Sun Newspapers A Ramsey County District Court judge Feb. 11 dismissed a lawsuit against the city of Eagan and the Metropolitan Council filed by affordable housing ac- tivists The suit, filed by the Alliance for Metropolitan Stability, the Metropolitan Interfaith Council on Affordable Housing (MICAH) and the Community Stabilization Project, alleged that Eagan has in- tentionally created exclusionary 'The city welcomes the court's decision to dismiss the suit.' — Eagan City Administrator Tom Hedges housing and has consistently re- sisted using methods to set aside land for the production of afford- able housing as required by law. The suit also alleged that the Met Council has failed to meet its legal responsibility under the Metropolitan Land Planing Act (LPA) to provide adequate infor- mation and direction to individ- ual cities on the region's afford- able housing shortage. In tossing out the suit, Judge Paulette Flynn wrote that the groups had "failed to establish that any act of discrimination oc- curred within the statutory peri- od." The suit was filed in August, with both the Met Council and Eagan filing motions in Novem- ber for dismissal. Flynn had 90 days to act on those motions, with her decision issued on the dead- line. The suit sought to compel the city to preserve land for more affordable and higher density rental units. LAWSUIT: To Page 11A IVIORE LOCAL STORIES OF LIFE AFTER HYPNOSIS... I stopped smoking with Positive Changes Hypnosis! I had tried to stop smoking before. I tried patches. gum, group hypnosis, and acupuncture. Nothing worked. I always started smoking again. I saw Positive Changes in the newspaper and on television. I thought wow, maybe that will work for me. I finally decided it was really time to quit, so I called Positive Changes. After my first session, I got home and thought that I would smoke one last cigarette. 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When 1 returned home and got on my scale, I had lost an additional four pounds. Positive Changes has gii control in my life. I have recommended Changes to friends who war weight. They have seen the in me and are impressed. Changes made it all possible Arthur Grote, Edenton, NC Retired PositiveChanges" HYPNOSIS CENTERS "Where Results Happen" Call nnw fnr �GtFF www.mnSun.com C r f : ©a- - .2 0 - Lawsuit From Page 1A In her written findings, Flynn also dismissed a claim that Eagan had violat- ed the Minnesota Human Rights Act in regard to affordable housing by discrim- inating against minorities and those on public assistance. "The city welcomes the court's deci- sion to dismiss the suit," Eagan City Ad- ministrator Tom Hedges said in a state- ment. "We recognize that the plaintiffs have the right to appeal, but there were multiple reasons for this decision, and we will be grateful that when this case finally comes to an end, the suit will no longer consume scarce public dollars and time. I think we all agree those re- sources are better spent working for common goals in our communities." Representatives of the groups that filed the suit said they were disappoint- ed with the judge's decision. "We still feel strongly that Eagan needs workforce housing," said Dianne Judd, a MICAH representative who lives in Eagan. "Nobody wanted to sue, but we felt it was the only way to get our mes- sage heard." Judd said the judge's decision was es- pecially disappointing because the suit was dismissed before it had a chance to be heard. In asking for the suit to be dismissed, Eagan maintained that the Legislature did not give any person or advocacy group the authority to require a modifi- cation of a city's housing plan and it did not authorize private citizens to bring suit seeking such relief. The lawsuit would have had a serious negative im- pact on all metropolitan cities because they would have been required "to im- mediately revise" their comprehensive plans that the Met Council had already approved, according to Eagan Communi- cations Director Tom Garrison. Because of the possibility of appeal, the city declined to further comment on the case. Russ Adams, executive director of the Alliance for Metropolitan Stabili- ty, said the groups are considering what step to take next, including the possibili- ty of appealing the decision. Eagan officials have defended the city's actions. The city released a fact sheet that city officials say shows Eagan has done its fair share when it comes to affordable housing. 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Life-chanoina essential oils Olt LEGAL NOTICES • e 2000 4000 Feet APPLE VALLEY Legend: Zoning Designations Total Acres % of Total R-1-Residential Single Family R-2-Residential Double R-3-Residential Townhouse R-4-Residential Multiple E-Estate BP -Business Park RD-Research and Development l-1-Limited Industrial LB -Limited Business NB -Neighborhood Business RB-Roadside Business GB -General Business CSC -Community Shopping Center P-Public Facility/Institutional P-Park PD-Planned Development J A -Agriculture Water L _ I Right -of -Way Parcels Section alMunicipal Boundary 3619.9 16.9 48.9 0.23 257.3 1.2 416.0 1.9 80.7 0.4 231.5 1.1 227.1 1.1 1853.2 8.6 77.7 0.4 47.8 0.2 37.9 0.2 47.3 0.2 152.9 0.7 854.3 4.0 2287.2 10.7 3955.5 18.4 1048.7 4.9 1432.3 6.7 3706.3 17.3 Total 21471.7 Data Source Parcel Base Map. Dakota County Survey end Land Information Department, 3/232000 Land Use/Zoning data, City of Eagan Community Development Department Created wing ESRI dcowew 3 1 E igialtprorectslrepode art PROPOSED City of Eagan, MN ZONING MAP Ordinance Number 221 City of Eagan Zoning Map Approved by the Eagan City Council (approval date pending) The Zoning Designations on this map are a representation of a combination of maps and ordinances which make up the complete City of Eagan Zoning Regulations. All Zoning Designations are subject to change. Information on each Planned Development (PD) Is available at City Hall. This map represents an illustration of the official Zoning Map approved (approval date pending) by the City of Eagan City Council. For zoning information on specific properties, please call the City of Eagan Zoning Hotline at: (651) 681-4688. For other questions related to this map, please call the City of Eagan Community Development, Planning Division of (651) 681-4685. For clarity reasons, Shoreland Zoning Overlay Districts do not appear on this map. Please refer to a larger format zoning map for this information. This map is intended for REFERENCE USE ONLY! The City of Eagan and Dakota County are not responsible for inaccuracies, omissions, or errors pertaining to this map. A detailed, colored illustration of this map is available for public viewing at Eagan City Municipal Center between the hours of 7:OOam and 4:30pm; or, vistit the City of Eagan Web Site at WWW.cityofeagan.com under the "City Codes" heading. 2$iirt5-,200d"11lfg]ltd 7=2 _ . �r�rztt. :i }'M1 tat LEGAL NOTICES PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: A Comprehensive Guide Plan Amendment from Industrial to Commercial Planned Development and a Planned Development Amendment to allow retail and a pylon sign. The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13, that are not listed. APPLICANT: Wal-Mart Stores. Inc. LOCATION AND LEGAL DESCRIP- TION: Lot 3, Block 1, Eagandale Center Industrial Park No. 9 WHEN: Tuesday, April 25, 2000 at 6:30 p.m. WHERE: Advisory Planning Commission Meeting. City Hall Council Chambers. 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Pam Dudziak, the Planner at (651) 6814691 with the following information: DEVELOPMENT NAME: Sam's Club CASE #: 10-CG-02-03-00 CITY OF EAGAN E.J. VanOverbeke - City Clerk PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: To allow outdoor storage on the east side of the building. The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13. that are not listed. APPLICANT: Eagan Hardware Hank LOCATION AND LEGAL DESCRIP- TION: Lot 1, Block 1, R & B Addition WHEN: Tuesday, April 25,.2000 at 6:30 p.m. WHERE: Advisory Planning Commission Meeting. City Hall Council Chambers, 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Bob Kirmis, the Planner at (651) 6814696 with the following information: DEVELOPMENT NAME: Hardware Hank CASE #: 15-CU-03-03-00 CITY OF EAGAN R.J. VanOverbeke - City Clerk 2 7 :3 PUBLIC NOTICE NOTICE OF ASSESSMENT HEARING DELINQUENT UTILITY BILLS CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN. that the City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Knob Road. in said City on May 2, 2000 at 7:00 p.m. to con- sider the proposed assessment of delinquent utility billings in Eagan. The proposed area to be assessed is described in the assessment roll on file with the City Clerk in his office, which roll is open to public inspection. Written or oral objections will be considered at the public hearing. No appeal may be taken as to the amount of any assessment unless a written objection: signed by the affected property owner, is filed with the City Clerk prior to the hearing or pre- sented to the presiding officer at the meeting. An owner may appeal an assessment to district court pursuant to M.S.A. §429.081 by serving notice of the appeal upon the Mayor or Clerk of the City of Eagan within thirty (30) days after the adoption of the assessment and filing such notice with the District Court of Dakota County within ten (10) days after service upon the Mayor or Clerk. Further information relating to these assess- esassaaanaJP. aaa.saaa.s r11.414a ments may be obtained from the Special Assessment Division of the Public Works Department and any questions should be directed to that Division. Dated: April 4, 2000 /s/E.J. VanOverbeke City Clerk - City of Eagan 280 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN PROPOSED CODE CHANGE: An Ordinance Amendment to the Eagan City Code Chapter 11 adopting a new Zoning Map incor- porating all approved rezonings since June, 1996 and administrative changes due to map errors and omissions. WHEN: Tuesday, April 25. 2000 at 6:30 p.m. WHERE: Advisory Planning Commission Meeting. City Hall Council Chambers, 3830 Pilot Knob Rd . ANY QUESTIONS: Call the Community Development Department at 6814685 or Erik Slettedahl- the Planner at (651) 6814353 with the following information: DEVELOPMENT NAME: Zoning Map Update (See Map) CASE #: 06-OR-06-04-00 CITY OF EAGAN E.J. VanOverbeke - City Clerk 295 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: Comprehensive Guide Plan Amendment to amend the use of 1.3 acres from IND (Industrial) to D-1-Single Family (0-3 units/acre) and a Preliminary Subdivision to create two single family lots. The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13, that are not listed. APPLICANT: Stonewood Development Corp. LOCATION AND LEGAL DESCRIP- TION: See map. WHEN: Tuesday, April 25, 2000 at 6:30 p.m. WHERE: Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Bob Kirmis, the Planner at (651) 6814696 with the following information: DEVELOPMENT NAME: Spencer Springs CASE #: 18-CC-01-03.00 CITY OF EAGAN E.J. VanOverbeke - City Clerk 27ti PUBLIC NOTICE NOTICE OF ASSESSMENT HEARING DELINQUENT FALSE ALARM BILLS CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN, that the City Council of the City of Eagan. Dakota County. Minnesota. will meet at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on May 2, 2000 at 7:00 p.m. to con- sider the proposed assessment of delinquent false alarm billings in Eagan. The proposed area to be assessed is described in the assessment roll on file with the City Clerk in his office, which roll is open to public inspection. Written or oral objections will be considered at the public hearing. No appeal may be taken as to the amount of any assessment unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the hearing or pre- sented to the presiding officer at the meeting. An owner may appeal an assessment to district court pursuant to M.S.A. §429.081 by serving notice of the appeal upon the Mayor or Clerk of the City of Eagan within thirty (30) days after the adoption of the assessment and filing such notice with the District Court of Dakota County within ten (10) days after service upon the Mayor or Clerk. Further information relating to these assess- ments may be obtained from the Special Assessment Division of the Public Works Department and any questions should be directed to that Division. Dated: April 4, 200)) /s/EJ. VanOverbeke City Clerk - City of Eagan 281 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: Preliminary Subdivision of approximately seven acres to create three lots and a Planned Development Amendment to allow a parking lot, office building and a restau- rant. The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13, that are not listed. APPLICANT: Eagan 30.7C/Fortune Realty LOCATION AND LEGAL DESCRIP- TION: Outlot A. Safari at Eagan WHEN: Tuesday, April 25, 2000 at 6:30 p.m. WHERE: Advisory Planning Commission Meeting. City Hall Council Chambers. 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Bob Kirmis, the Planner at (651) 6814696 with the following information: DEVELOPMENT NAME: Safari at Eagan 3rd Addition CASE #: 28-PS-06-03-00 CITY OF EAGAN E.J. VanOverbeke - City Clerk 277 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: An Interim Use Permit to allow continuation of a compost site. The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13, that are not listed. APPLICANT: SMC Compost Services LOCATION.,AND LEGAL DESCRIP- TION: Outiots, G. H, and I, Gopher Eagan Industrial Park #2 WHEN: Tuesday, April 25, 2000 at 6:30 p.m. WHERE: Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Pam Dudziak, the Planner at (651) 6814691 with the following information: DEVELOPMENT NAME: SMC Compost Services CASE #: 12-IN-03-03.00 CITY OF EAGAN E.J. VanOverbeke - City Clerk 271 PUBLIC NOTICE INDEPENDENT SCHOOL DISTRICT 191 BURNSVILLE, MINNESOTA 55337 REQUEST FOR BIDS TO SUPPLY: 2000-2001 DAIRY PRODUCTS NOTICE IS HEREBY GIVEN that sealed bids, as per specifications thereof on file in the Purchasing office, will be received on 2000- 2001 Dairy Products until Tuesday. Mav 16 2000 at 10:00 a.m in the Purchasing office, at which time sealed bids will be opened. Envelopes must be plainly marked "Bid on 2000-2001 Dairy Products" and delivered to: INDEPENDENT SCHOOL DISTRICT 191 ATTN: S.G. Holland Director, Purchasing and Transportation Administrative Services Center 100 River Ridge Court Burnsville, MN 55337 Bids must he accompanied by a bidder's bond, cashier's check or certified check equal to 5% of the annual total bid. Bids must comply with all requirements indicated in the general and detailed specifications available from the Purchasing office at the above address. The Board of Education for Independent School District 191 reserves the right to waive techni- calities and to reject any or all bids received. t4-2.*ili../*:l.h!#1• •ea•f all♦• a lsf i.aanaa Dated April 13, 2000 Bruce Copp, Clerk Independent School District 191 Burnsville. MN 55337 285 7-8 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: Preliminary Subdivision of 8.63 acres to create 19 single family lots and one outlot, and a Variance to allow a cul-de-sac in excess of 500 feet. The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13, that are not listed. APPLICANT: Tri-land Surveying Company, Inc. LOCATION AND LEGAL DESCRIP- TION: Lot 4 and part of Lots 5, 6, 7 and 8, of Zehnder Acres WHEN: Tuesday. April 25, 2000 at 6:30 p.m. WHERE: Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Pam Dudziak, the Planner at (651) 6814691 with the following information: DEVELOPMENT NAME: Kennerick Addition CASE #: 04-PS-09-04-99 CITY OF EAGAN VanOverbeke - City Clerk 275 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: An Interim Use Permit to allow continuation of concrete recycling. The above request may require other vari- ances to Eagan City Code. Chapters 11 and 13, that are not listed. APPLICANT: Max Steininger, Inc. LOCATION AND LEGAL DESCRIP- TION: PID# 10-01300-012.26 WHEN: Tuesday, April 25, 2000 at 6:30 p.m. WHERE: Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Rd • ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Pam Dudziak, the Planner at (651) 6814691 with the following information: DEVELOPMENT NAME: Max Steininger. Inc. CASE It: 13-IN-04-03-00 CITY OF EAGAN F...1- VanOverbeke - City Clerk PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: Conditional Use permits to allow outdoor storage and an above ground fuel storage tank. The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13, that are not listed. APPLICANT: Mega Excavating LOCATION AND LEGAL DESCRIP- TION: Lot 4, Block 1, Halley's Addition WHEN: Tuesday, April 25, 2000 at 6:30 p.m. WHERE: Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Bob Kirmis, the Planner at (651) 6814696 with the following information: DEVELOPMENT NAME: Mega Excavating CASE #: 36-CU-01-02-00 CITY OF EAGAN E.J. VanOverbeke - City Clerk PUBLIC NOTICE ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULA- TIONS (ZONING)" BY AMENDING SECTION 11.10, SUBD. 3 REGARD- ING NONCONFORMING USES AND STRUCTURES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99 The City Council of the City of' Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.10, Subd. 3(D), to read as follows: D. Maintenance and repair. Routine mainte- nance and repair may be made to a noncon- forming structure or any -structure upon land upon which a nonconforming use is conducted. Section 2. Eagan City Code Chapter 1 enti- tled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, enti- tled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publica- tion according to law. CITY OF EAGAN City Council By: /s/Patricia E. Awada Its: Mayor ATTEST: By: /s/E.J. VanOverbeke Its: Clerk Date Ordinance Adopted: April 4, 2000. Date Ordinance Published in the Legal Newspaper: April 13, 2000. Date of Advisory Planning Commission Hearing: March 28, 2000. 302 Kr: 1:AT FREE One FREE Kid's Meal (Off the 12 and Under Menu) With Each Adult Meal Purchased. CX•kjjs ) LAKEVILLE RESTAURANT XERY -OFF 1-35 BAER esdays 4 AfterPaal r e THISWEEK. ' 5J`249°: 37A rair Scope of `Country Joe' case expands Court decision spurs class action lawsuit By Sue Hegarty Staff Writer Current and former Eagan res- idents might want to check their mail boxes this week for a letter regarding a class action lawsuit. More than 20,000 notices were mailed to those who may have paid for Eagan building permits between Aug. 10, 1988, and March 31, 1997. The class action suit stems from a Supreme Court decision that Eagan, as a statutory city, had no authority to charge a road unit fee, deemed an illegal tax by the court. Eagan collected the fee when a building permit was is- sued. The money was then put into a fund to be used for road con- struction as the city was devel- oped. The city stopped collecting the fee in March 1997 after the Supreme Court overturned an Ap- pellate Court decision that had said the fee was legal. Minnesota law authorizes cities to collect spe- cial fees for sewer and water work but not for road construction. The purpose of the recent mailing is to identify class action members. The "Notice of Pen- dency of Class Action" does not require a response, but those who don't wish to be included in the class action suit, must sign and return the "Request for Ex- clusion." For example, some may choose to pursue their own legal action. The deadline for exclu- sion is Aug. 22, 1997. Later, a Dakota County Dis- trict Court will determine who is ultimately included in the class and whether they will be entitled to recover money from Eagan. More than $3.1 million was col- lected during the nine years. Plaintiffs in the case are homebuilders Joe Miller, of Country Joe Homes; William Huttner Construction, Thorson Homes, McDonald Construction, Key -land Homes and Feature Builders. Wood Foster, a shareholder with the Minneapolis law firm of Siegel, Brill, Greupmer, Duffy and Foster, said if residents pur- chased their home on a "cost- plus" basis, they may be entitled to a portion of a settlement, if there is any. If a builder con- structed a "spec home" and later sold the home "at full cost," then the builder would be the one to receive any potential settlement. LAWSUIT: To Page 19A ' I ARI veal Manufacturer of Di CaII the window coved' Burnsville 890-3083 4 N A Comfortably Priced From $1 9,900 Tisenbift 1 luny MN Builders Grrnsr N1637. " Prices .subject ru Model Hours: Mon -Fri 1-7: f. Model Phone: 61; CUSTOM MADE INI No Payments or Ini credit or use apple vall heating & CAE Original PERG Laminate Floor $3.69 per sq. ft. Offer good thru Aug 9 • 27 years combine • Mill direct prices • Knowledgeable, p • Bring in your buil • We do insurance • Call for a free in -I OORING, INC. YOUR HOMETOWN CONNECTION FOR QUALITY 1 Lawsuit From Page 1A At this time, lawyers for the plaintiffs are not attempting to notify former Eagan residents who may have pur- chased a home in the city between 1988 and 1997 and have since moved, said Jen- nifer Albrecht, a paralegal for Foster's law firm. "Not at this point," she said. "It won't be until later that we determine who is and isn't in the class." Foster added, "To some extent, they'll have to find us." In the meantime, every property owner in Eagan should have received the notice by the end of this week. "It was much more expedient to send to everyone in Eagan even though many of the homes were built before the class period begins," Foster said. A database was established that con- tains 15,885 property owners in Eagan, the State of Minnesota mailing list of 3,402 licensed residential builders in the seven county metro area, as well as 304 builders outside the .metro area. There also were 82 commercial builders to be notified, according to the Proposed Man- ner of Distribution filed in court July 17. The notice also urges those who receive it to forward a copy to individuals no longer w living in Eagan or to notify Albrecht, the plaintiff's representative at 1300 Wash - Who may qualify All individuals and entities that directly or indirectly with- out contractual rights of reim- bursement, acquired and paid for one or more building permits from the city of Eagan for single family, double bungalow, town- house residential building units, multiple family residential units, or commercial and industrial building units on or after Aug. 10, 1988, when the fee for such build- ing permits included a Unit Con- nection Charge imposed by the city of Eagan. — Order by Judge Rex Stacey ington Square, 100 S. Washington Ave., Minneapolis, MN 55401. Persons receiving the notice who have further questions regarding the lawsuit are asked to call Albrecht, the plaintiff's repre- sentative, rather than the city or county. Al- brecht can be reached at 339-7131. With the three -year -old suit into its final stages, other cities are being target- ed as well. Foster said his law firm is preparing to file class certification motions for sim- ilar, separate lawsuits against the cities of Apple Valley, Savage and Prior Lake. 0308-OI//J VVU a.luu:J - rrL' ldlilG c utl the Church Jim more in/brmution 688-8794 J NON DENOMINATIONAL 4324132 'Z'LLt Ofj oeLfje\ esbyterian Church byterian Church in Dakota County just 3 - Rev. Myra Carroll-Pezzella Holy Communion 0:00 am thool 11:00 am 'le North of Cty. Rd. 42 a CHURCH USA 212 httpl lreality.sgrcomlcsplsolpc/ I g I� elical Free Church' 155044 • 435-5548 Co. Rd. 42 Burnsville Trinity 5 ma Aluno3 Center r Co. Rd. 46 ersection of Cty Rd 5 The Catholic Community of St. Thomas Becket Newest parish in northern Dakota County • Vibrant Worship • Uplifting Preaching • Friendly Hospitality • Shared Ministry • Family -Centered, Bible -Based Formation Join us at Mass: Saturday, 5:00 p.m. Sunday, 9:00 a.m. and 1 1:00 a.m. Tuesday, 7:00 p.m. & Thursday, 7:00 a.m. t; 4455 So. Robert Trail A-0vy�' Eagan, MN (South of l)ifflcy on Hwy. l) L 683-9808 i To List Your Worship Schedule call 896-4790 ENan Sun �c,�iy v,taatg City Council to consider Pulte housing proposal By Sue Hegarty Lhneso a sin Publications A lawsuit over prime va- cant real estate in Eagan most likely will result in 313 new sin- gle family hous- es called the e zt1/4. � 11iI Courts Oakbrooke Addition, according to a tentative settlement agree- ment. - The site, bordered by Inter- state 35E, Deerwood School and Deerwood Drive, and Diffley Road, is owned by Bieter Co. owners Ronald Cornwell and Hugh Thorsen. Bieter wanted to sell the property to Pulte Homes. Pulte proposed to develop up to 500 single and multi -family homes. The City Council rejected the proposal so Pulte brought back a smaller, revised proposal. SUIT: To Page 18A 18A Apple Valley/Rosemount, Eagan Sun•Current/Wednesday, July 29, 1998 Suit From Page lA Neighbors objected to the scaled down plan too and in June 1997 the city placed a moratorium on mixed residential development. Bieter filed a lawsuit against the city of Eagan alleging it had vi- olated a state rule that requires the City Council to approve or deny a request within 60 days after the de- veloper files the application. The city argued that since the March 1997 filing of the applica- tion, Bieter had changed the condi- tions of the application and needed to begin anew. In a settlement announced last week, Bieter and the city agreed to the construction of only single fam- ily lots, some of which will sur- round common areas. The overall density is not to exceed three units per acre. City staff worked with Pulte to prepare a new site plan that was scheduled for a public hearing before the Advisory Plan- ning Commission on July 28. The City Council will review the new proposal on Aug. 4. They will have to decide a way to resolve the conflict between a solely single family development and the city's comprehensive guide plan that earmarks the property for D-II de- velopment [mixed residential]. If the project is approved as outlined in the proposed settlement, final subdivision approval would be placed on the consent agenda for ei- ther the Sept. 3 or 17 council meet- ing. Development would occur in four phases, beginning with the in- terior of the 117-acre property. 0 Oakbrooke Addition Proposal Phase of Development o� o I 00000 0 uV -\� °°tee o` O O 0'11n1110u C:3 o Si VO a[EMIo Q oakbrooke Way O 000000000On o 0akbrooke 1 rwood oa oOo0 00 0 0 �00 0 0 Diffley Road 1oo110g pOOMlaa Mary Ann Carlson/Slaff Artist 1 FOUR SECTIONS News • Sports General Section Burnet Realty Section Real Estate Section Classified Section 72 pages Eagan THI Your Community Newspaper Volume 21, No. 21 http:l/www.thisweek-online.com July 17, 1999 Visit us online at: http://www. thisweek-online.com Eag businesses file lawsuit against U.S. West By SARA THOMALLA-BLOOD Suit is result of problems with new area code C6- Eagan resident Brian Harrell runs his business "All Time Favorites Event Planning" from his home. Running a business that caters to both lo- cal and national customers, Harrell relies on both the In- ternet and the Yellow Pages to direct would-be customers to his company. When the Twin Cities area code split earlier this year, Harrell's business, along with Eagan, was placed into the 651 area code. Besides the occa- sional glitches that are likely to occur during an area code switch, Harrell didn't notice his customer calls dropping until two weeks ago. "That's when I noticed some- thing was up. I received a lot of customer complaints within the last week. While some had my card and could call my 800 number, the old .number told them I was disconnected," ,:he said. Harrell's was one' of ,the numbers that recently received a new message when callers used the old 612 area code in- stead of 651: "We're sorry. You have reached a number that has been disconnected or is no longer in service. If you feel you have reached this re- cording in error, please check the number and try your call again." The city identified that prefixes currently affected are 452, 454, 405, 688, 681 and 686. Harrell told Eagan City Council members during their July 20 meeting that he has since contacted U.S. West re- garding his concerns with little result, which disturbs him. "Customers will not go fur- ther to determine what the real number is. Nationwide custom- ers do not know 651 exists," said Harrell. Mayor Pat Awada first heard of this issue July 14 at a Ro- tary Club meeting where she was asked if she and the city could put pressure on the tele- phone -service provider. Local Chamber of Commerce repre- sentatives applied additional pressure in causing U.S. West to change the recording the weekend of July 24. "They were completely inat- tentive until they were brought into the public eye. They kind of went half way," said Awada of U.S. West's efforts. That weekend, the recording was changed to, "The number you have dialed is not in serv- ice or is assigned in a different area code. Please check the number and dial again." But the new message wasn't good enough for some. Walter Powers, with Powers Investigations, Inc., announced before the council that he, along with two other Eagan business owners, filed a class- action lawsuit against U.S. West July 16 in hopes that the telephone company will pro- vide customers in the 651 area code a similar recorded mes- sage that callers would receive if they call seven numbers to a 612 area code: "This call has changed to 10 digits. It is not necessary to dial a "1" when calling this number. Please redial using 612." Powers filed the suit with the Minneapolis law firm Zim- merman Recd. The firm is no stranger to class-action cases. It filed such cascs against the Lawsuit (Continued from front page) tobacco industry in 1994, the first class action against breast implant manufacturers in 1992, and numerous class actions related to chemical and toxic waste exposure, said Attorney Randy Hopper. Hopper, lead attorney for Powers' case, said his firm took the case because it feels rights were infringed. "Obviously, we want to get the recording changed. If they get a call from a client, they don't want them to be misled into believing they were put out of business," said Hopper. Ralph Schmeling, owner of an insurance company, said not only are clients misdi- rected, they are changing busi- nesses. "I am getting killed in this," said Schmeling. "I have re- ceived no new business calls. Customers thought we were out of business, so they go to other businesses to transfer to an- other line of service." Although Schmeling and other business owners said it would be difficult to place a figure on how much business has been lost, Hopper said there are previous cases that set precedence in how those figures are determined. Hopper expected his first court date late the week of July 19. By late morning July 22, Zimmerman Reed Attorney Hart Robinovitch had said his firm had not yet heard from U.S. West. "They have a number of days where they can respond by admitting or denying the alle- gations raised by the com- plainants, and at the same time hire an attorney and make those arrangements. We are still waiting for them to decide what to do," said Robinovitch. U.S. West Public Relations Manager Kim Bothun said she was familiar with the case, but not its status. "U.S. West is reviewing and evaluating the technical issues raised as a result of the split. Precisely where the attorneys are at this moment, I can't say where they're at," said Bothun. Regarding the initial mes- sage change, Bothun said U.S. West "followed industry - standard practices throughout the planning and implementa- tion of the 651/612 area code split." Bothun also said U.S. West has been responsive to cus- tomer concerns. "U.S. West indeed has been very responsive, but this is not just a U.S. West problem or challenge or opportunity," said Bothun. "The Minnesota Pub- lic Utilities Commission and other companies took input from customers during the planning stages and implemen- tation. They also have a lot of opportunity for input during phase two — what will come down the road on the 612 side." Meanwhile, the city of Eagan has decided to take a wait -and - see approach in its involve- ment with the lawsuit. "The city has not asked to join the suit at this time ... but if U.S. West is not willing, the city will consider getting in- volved," said Awada. "It's a simple request for a message to adequately express what has happened to these phone num- bers. Cellular companies had an appropriate message when the area codes were switched." City Council passes CIP's street/utility portion By SARA THOMALLA-BLOOD The Eagan City Council ap proved the implementation o the five-year Capital Improve ment Program (2000-04) Par III (Public Infrastructure — Streets and Utilities) during it. July 20 meeting. In the past, this portion of th( CIP has been adopted in th( fall of the year. Because of th( need to perform more advanct planning, funding applications right-of-way acquisition, inter agency agreement processing and other related tasks, adop tion of this portion of the CH was pushed to earlier in th( year. Prior to its adoption, th( council reviewed its draft Jun( 29. Suggestions and revision: made by its members were in serted into the document. Upcoming projects slated to] the year 2000 include: • Upgrading Highway 13 be- tween Silver Bell Road and Yankee Doodle Road into a four -lane divided highway with an east -side trail, and install- ing a signal at the Blackhawk intersection. • Upgrading Cliff Road be- tween Ches Mar and Lexington to a four -lane divided road with trails. • New construction along the Highway 55 western segment. Other projects include the overlay of Vienna, ;Woods, Crossroad Court, Wilderness Park and the resurfacing of the old Sibley Memorial Highway. After the CIP portion's adop- tion, city staff was authorized to begin the public hearing and informational meeting and no- tification process associated with the programmed year 2000 improvements and proj- ects. www.hinSun.com Apple Valley/Rosemount, Eagan SumCurrent/Wednesday, April 26, 2000 3A COURTS Michael Vincent, Eagan officials settle lawsuit By Joshua Nichols Sun Newspapers Former Eagan parks commissioner Michael Vincent will drop his civil law- suit accusing three City Council mem- bers of invasion of privacy and violating state open meeting laws. Vincent's attorney, Marshall Tanick, signed the papers approving the out -of - court settlement April 21, according to information in court records. "It was a victory for the people," Vin- cent said. "The best interests of the community, myself and everybody involved were def- initely served." Mayor Pat Awada said the settlement was also a victory for the city, herself and the other council members in that the city was spared further legal costs LA and "it proved the charges had no found- ing." "The lawsuit was obviously political- ly motivated and had no merit whatso- ever," Awada said after the settlement was reached. "We were confident that it would have been dismissed by the courts if we fought it in court. We just felt it was bet- ter now to end it without costing the city much more money." In the December court complaint filed in Dakota County District Court, Vincent claimed Bakken, Carlson and Awada violated the state's open meeting law and invaded his privacy in the process of denying his re -appointment to the city's parks commission. He also ac- cused them of violating the Fair Credit Reporting Act. In addition to Awada, Bakken and Carlson, Vincent was suing the city. He sought more than $50,000 for his men- tal and emotional distress. The settlement opportunity came about after representatives from the League of Minnesota Cities Insurance Trust, which was covering the defen- dants' legal costs through the city's in- surance, approached him about bringing the legal process to an end. Since he felt he had accomplished his goals in getting the issue before the pub- lic, Vincent said the settlement opportu- nity offered him a chance to get most of his legal fees covered and ensure he did not go into debt over the lawsuit. "I never wanted this to be a political- ly -driven issue," Vincent said. "I just went to the city administrator with the evidence I had that something had been done wrong and I wanted an apology. That was obviously rejected and I have yet to get an apology" Vincent was appointed to the city's parks commission in 1994 and had sought reappointment in January 1999. However, Awada, Bakken and Carlson voted for other candidates while council members Bea Blomquist and Sandra Masin voted for Vincent. The court complaint claimed that Awada, Bakken and Carlson had sever- al secret meetings regarding Vincent and used credit reports in connection with not approving his appointment. Vincent maintained that the three cir- culated a "personal profile" that includ- ed private information. Awada, Bakken and Carlson all dis- puted Vincent's claims. 4A Apple Valley/Rosemount, Eagan Sun•Current/Wednesday, April 26, 2000 www.mnSun:com OPINION Our viewpoint Blessing of art can be found night at home Another ranking, another No. 1. Last week, Minnesota received another "No. 1" ranking for its quality of life. Usually, those rankings take into ac- count many aspects of community living, including access to the arts. There is no question that the Twin Cities metropolitan area abounds in arts offerings, what with the Guthrie, the Ordway, the Walker, the Minneapolis Art Institute, not to mention the theaters that line Hennepin Avenue. But what if you are not in the frame of mind to drive downtown, pay for parking, and pay $60 for a ticket to "Fosse"? And what if you want to be the one on the stage, doing the dance or drawing the picture, instead of being only a ennsumpr of art, t " "- LETTERS TO THE EDITOR Reader critical of Weiner's record To the editor: In March, I sent an e-mail to my legislators to express sup- port for substantial tax cuts, elimination of light rail funding and dedication of transporta- tion funds to highways and ex- isting bottlenecks in the metro area. My representative, Tim Wilkin, responded almost im- mediately. I have yet to hear from my senator, Deanna Wein- er, although her voting record last year provides me with her answer. As tax time. nr.moc state tax burden, with much - needed income tax relief geared toward middle -income Min- nesotans." Ms. Wiener, with an "F" and a 7 percent rating, did not get the message loud and clear. Instead, she is trying to pull the wool over our eyes. Her voting record belies her ex- pressed enthusiasm for the tax relief accomplished last year and she again is fighting against, any significant tax re- lief this year. When election time comes, Senate District 38 taxpayers need to take a close look at Ms. Wiener's voting record and de- cide if we can do better. I think WP can __ ^nP In case of freezing rain or snow, light rail would have less problems. The light rail could go from downtown to satellites around the Twin Cities. And commuter trains could go from there to St. Cloud, Duluth, Chicago, Rochester, Winnepeg. Did you ever hear of the Eruo-Tunnel in Europe, that connects England and France? What about the bullet train in Japan? You can set a glass of water on the window sill and it won't even ripple. In Switzer- land and Spain they have elec- tric trains going through the mountains, that you can't even hear them run. www.mnSun.com Vincent From Page 3A Vincent said he had accomplished what he had wanted to do all along, make city government more accountable to the pub- lic. "It's really not about who wins or who loses, but about the process," he said. "We found a way to resolve it and move on. Hopefully we can all learn something in the process." As part of the settlement, the League of Minnesota Cities agreed to pay $12,000 of Vincent's legal costs directly to Tanick to speed up the process and save on court costs for the city, Awada said. The legal fees for the defendants in the case has totaled more than $78,000 so far. Around $25,000 will be paid by the city from its deductible, while the rest will be covered by the city's insurance. "While we had been talking settlement since January, our intent all along was to take it to court so that it could be dis- missed," Mayor Pat Awada said. "The peo- ple being sued wanted this to go to court, but when .the settlement opportunity arose, we realized this was an opportuni- ty to just make it go away and save every- body some money." Vincent still faces forgery and criminal defamation charges for allegedly circulat- ing a letter fraudulently claiming Awada was looking at a run for higher office. He was originally scheduled for an omnibus hearing in February, but that hearing was continued to April 19 for a contested om- nibus hearing. A judge rules on pretrial motions and decides whether or not there is enough ev- idence to continue with the trial during an omnibus hearing. A contested omnibus hearing, however, is more involved. A con- tested omnibus hearing is a pretrial hear- ing regarding the admissibility of evidence at trial and usually involves police testi- mony. www.mnSun.com Or at ABC is the I; in insurance r Member in Good S National Roofing C • Associated Genera Better Business B If you are entity neighbors have loween masks, he said, and some of them have ping pong balls foi• eyeballs. Their bodies are 5- gallon plastic pails, and their necks are 1-quart plastic flower pots. Their wooden limbs are cov- ered with 4-inch diameter tubing, like the kind that is used for dryer vents. Their hips and legs are reinforced with 4-inch diameter corrugat- ed drain field piping. They are covered with clothing purchased from second-hand clothing stores. "I always felt Halloween was -a highlight for me when I was growing up said. EAGAN �!J1� r;JJYi3JJ October 21, 1998 *MI tat ttntt 'giiln.. rit.ei'.. TIVqN DIED Jan Abbott Minnesota Sun Publications eir recently constructed Halloween lawn decorations are the Franke family, (from Left) Ryan, and 8-month-old daughter Jennifer, and Dean. mily creates scary scenery By Jon Fure Minnesota Sun Publications n Eagan family has demonstrated Halloween spirit by creating an elab- orate display of yard ornaments. ibstones, skeletons and other scary fig- • be seen in front of the home of Dean Iartha Franke at 3270 Black Oak Drive. e is a mechanical engineer, and he said he ed the scene using his engineering skills few things he had around the house. e heads for the scary figures are 1-gallon is milk containers covered with Hal- YARD: To Page 22A INDEX Opinion Page 4A Worship Directory..Page 21A Let It Be Known...Page 22A Calendar Page 24A Sports Page 25A Classifieds Page 1B City must -� alter policy on water comiectioiL— State Supreme Court rules against Eagan in dispute with property owners CC: By Jon Fure Minnesota Sun Publications An Oct. 1 Minnesota Supreme Court decision will cause a change in Eagan's policy of charging con- nection fees for city water. The Supreme Court reversed the Appellate Court decision in Ronald D. Johnson and Patricia D. Johnson vs. the City of Eagan, which was in favor of the city. Ac- cording to a Supreme Court doc- ument, the city imposed a "utili- ty lateral benefit charge" that was discriminatory, because it was an attempt to recoup a por- tion of an assessment that had earlier been reduced. According to a Supreme Court report, the city charged the John - sons and other residents in the neighborhood a special assess- ment during a 1992 construction project on Dodd Road. An 8-inch trunk water main was installed, and the city charged the resi- dents in the subdivision based on the construction costs. RULING: To Pa ghoul of his ilrna►m.r Apple Valley/Rosemount, Eagan SunCCurrent/Wednesday, Oct. 21, 1998 21 A Ruling: City has spent about 20,000 in legal fees during process From Page 1A The Johnsons were assessed $2,508, which they challenged and were suc- cessful. A Nov. 10 court decision found that the $2,508 exceeded the benefit they received from the water main project. The benefit is determined by the increase in market value of the home. The court reduced the amount of the assessment to $1,550. In 1996 the Johnsons decided to con- nect to city water, according to the report. The city charged them a standard con- nection charge of $1,328.50 and a "lateral benefit water fee" of $1,605.10 — which is the amount the Johnsons recovered in the Oct. 1 Supreme Court decision. TEEN NEEDS WHEELS? Check out the Auto Grid. The city has spent about $20,000 in legal fees during the process. City Ad- ministrator Tom Hedges said the process started when the Johnsons successfully sued the city in Conciliation Court. At that time, the City Council directed city staff to appeal the case to District Court, which ruled in favor of the city. The John - sons appealed the ruling, and it was up- held in Appellate Court. The Johnsons appealed to the Supreme Court, which reversed the lower courts but did not re- quire the city to pay the Johnsons' legal fees. Hedges pointed out that the issue in- volves the city's policy of charging con- nection fees — not that the city can't charge the fees, but that it was done in- correctly in this instance. Hedges added that the policy affects not only the nine or 10 property owners in the Johnsons' neighborhood, it has implications for the entire city. "If this was just an isolated case, if it was just about the Johnsons, obviously the city wouldn't spend $20,000 just to collect $1,600," Hedges said. The council's decision to appeal the Conciliation Court ruling, Hedges said, was a question of fairness. The city has been charging water connection fees for many years. For those residents who have already paid a fee to connect to city water, is it fair to start paying connection charges through general property tax revenue? DENTISTRY WITH A DIFFERENCE We Take The Time To Listen Children and Apprehensive Adults Especially Welcome Dr. Shelley Wakefield, Dr. Sharon Tvrdik, Dakota Dental Clinic, P.A. 431-5774 16020 S. Cedar Ave., Rosemount Located just South of Target Greatland Our caring staff is devoted to providing you with a comfortable, relaxed atmosphere. We are a preventive oriented practice recognizing each individual's unique needs, fears, and concerns Most of the discussion regarding the lawsuit so far has been during closed meetings — the Minnesota Open Meet- ing Law allows government bodies to close meetings to the public if they are discussing pending litigation. Hedges said the matter is now closed, so the council will be addressing the policy in an open meeting. Legal Notices Public Notice (Official Publication) Public Storage, Inc. 20296 Apple Valley 15075 Foliage Avenue Apple Valley, MN 55124 612-432.3044 NOTICE OF SALE AND DISPOSAL OF PROPERTY Notice is hereby given that the personal property listed below will be sold at Public Auction held on October 27, 1998, at 15075 Foliage Ave., Apple Valley, MN 55124 at 3:00 PM. The description of the goods and name of the per- son(s) whose property is to be sold is as follows: Shelly Ilaggart - Space 529 Tools, outboard, 1 footlocker, boxes, TV. (Oct. 14 & 21, 1998) C2/ PN AV Auction worship Directory ( New �„. MESSIAH Maranatha (UNITARIAN ,r-R: rn Court says Eagan will not have !' to refund road connection fees eA 5c-u`C�r- - to -- a--ts1- Staff report The Supreme Court sent the case back to Minnesota Sun Publications t t.„ 9s District Court to resolve other issues re- C. (7- LS% ert--- Iated to the lawsuit. The Minnesota Cou of Appeals up- The Oct. 13 Court of Appeals ruling held a District Court ruling Oct. 13 that states that there is no compelling evi- the city of Eagan does not have to refund dence and no statutory authority to re- $3 million in road unit connection fees, fund the fees to the developers, according according to a news release. to court records. A group of developers led by Country "This decision properly protects the in - Joe Inc. had sued the city in 1994 to chal- terests of the current residents of Eagan. lenge the road unit connection fees, At the same time, it precludes an unjusti- which the city required before issuing a fied and improper windfall for a group of building permit. builders, who had most likely passed the The Minnesota Supreme Court ruled charge along to their customers," said City in 1997 that the fees are an illegal tax. Administrator Tom Hedges. C ,, C„ Appeals court rules in favor of builders By Sue Hegarty Staff Writer A ruling by the Minnesota Court of Appeals could cost the city of Eagan more than $3 mil- lion and result in a class action lawsuit involving cities state- wide. On May 21, the state court overturned a district court's rul- ing affirming Eagan's right to charge builders a fee for street maintenance and construction. The fee is charged when develop- ers apply for a building permit. In the appellate court judges' opinion, the city lacked statuto- ry authority to impose such a fee. The case sets a precedent in Minnesota. Joe Miller, lead plaintiff, and several other builders have paid the fee for 17 years as Eagan grew. Developers also have filed suit against the city of Apple Valley for a similar fee, but the Apple Valley case has been put on hold until the Eagan case is settled, said Gerald Duffy, the plaintiffs' attorney. Both parties have agreed to settle the legali- ty of the fee before certifying whether the case will become a class action lawsuit. If the builders win, Duffy said other cities that impose similar fees can count on being sued. Eagan Administrator Tom Hedges said the city and the League of Minnesota Cities Ir surance Trust plan to appeal th• latest ruling to the st:at Supreme Court. Eagan argued that it has in plied authority under the Muni, ipal Planning Act. Duffy said th problem with implied authotrit APPEAL: To Page 112. F14,,,,n0A0,1" (,k-/9c, Appeal: Other cities watch closely From Page lA is `where do you draw the line?" In the 1970s, Eagan recognized the need to plan for its road system to keep pace with its rapidly growing population. Three sources of financing were identi- fied — state, county and city property tax dollars — and put into a Major Street Construction Fund started in 1977. How- ever, the funds fell short of projected costs, so engineers proposed a "road unit connection charge." In 1978, the road unit fee for a single-family residence was $75 and by 1994 the charge was $410. If the state Supreme Court refuses to hear the case or also rules for the plain- tiffs, Hedges said it's likely that property taxes will go up in Eagan to pay for road construction. Although the fee was charged for 17 years, the builders can sue for damages for only the past eight years. Besides Miller, other plaintiffs named in the "Country Joe" lawsuit are William Huttner Construction, Thorson Homes, McDonald Construction, KeyLand Homes and Feature Builders. As it now stands, the estimated $3 million in damages would be a "windfall" for the builders, said Hedges. But who should rightfully claim damages, if the city loses. The homeowners are the ones who probably had the fee passed on to them from the builders, he said. All that will be determined after the suit makes its way up the ladder of the court system. The state Supreme Court can agree to hear the case and render an opinion or if it denies it, the appellate de- cision stands and the case is returned to district court to settle class certification and damages. Developer Sues City Under RICO Treble Damages and Attorney Fees t.&L g �• Recoverable Under Federal Statute `` he 1 Where a real estate developer's plans were turned down by the city council be- cause competing developers had bribed the mayor, he can sue for treble damages and attorney fees under RICO, says the Eighth Circuit. The developer has a valid claim under the federal RICO statute, 18 U.S.C. §1961 et seq., against the other developers, the city and the mayor. Summary judgment for the defendants is reversed. This is the first time that RICO has ever been allowed in the context of a zoning dispute. The Eighth Circuit acknowledged the fear that "our holding today might open -he floodgates for any commercial develop- T who has lost to a competitor before a overnmental planning commission to irsue treble damages in federal court." But it said that where a competing developer improperly influenced a governmental official through bribery (as opposed to simply making misrepre- sentations about the property), a RICO suit was warranted. The Fourth Circuit rejected a similar suit by a real estate developer in HMK Corp. v. Walsey, 828 F.2d 1071 (1987). However, the plaintiff in that case merely alleged that its rival had used "misrepresentations, false statements, half-truths, and omissions" to obtain a favorable zoning decision; it did not claim that anyone was bribed. The Fourth Circuit specifically said in dicta that its decision "certainly does not bar all RICO claims arising in the zoning context," and suggested that bribery or similar cheating could give rise to a claim. Continued on page 11 C �r Women Can Be Kept Off Juries Where peremptory challenges are used to remove jurors because they are women, this does not violate the Con- stitution, says the Fifth Circuit. The court agreed with the Fourth Cir- cuit (U.S. v. Hamilton, 850 F.2d 1038 (1988)), and disagreed with the Ninth Circuit (U.S. v. DeGross, 960 F.2d 1433 (1992)). The state courts have also been di- vided on this issue. The U.S. Supreme Court has held that peremptory challenges based on race violate equal protection (Batson v. Kentucky, 476 U.S. 79 (1986)). However, "gender discrimination and racial dis- crimination are different," the Fifth Circuit said. The case is U.S. v. Broussard, No. 92-4558. For a further discussion of jury strikes based on sex, see page 19. L ,uci bnnrTION OFFER, CALL (800)462-LAWS. Or write to Lawyers Weekly Publications, 41 West Street, Boston, MA 02111.We'll start your subscription right away. NO RISK GUARANTEE: Your subscription will be covered by our 100% money -back guarantee. If you are ever dissatisfied, for any reason, we will refund your entire subscription price, even if you are on your last issue. Jonn DeCalre r_ Vice President/Advertising Saks M, Paul J. Reulbach Ste Classified Advertising Manager Nancy Frede Fling Chairman J. Edward Pawllck Sharp Lawyers W 6'rtr Sarr Lawyers Weekly USA is published every other Weekly USA TM, 41 WEST STREET, BOSTON, MA 0: This material may not be reproduced in whole o EVERY KIT CONTAINS: CORPORATE SEAL SHARE CERTIFICATES • MINUTE PAPER • SLIPCASE • INDEX TABS • TRANSFER L BLACK BEAUTY —America's #1 Corporate Kit Why is Black Beauty the American standard? FAST SERVICE • Most kits in your hands within 24-48 hours, from one of our three regional plants; overnight courier available. QUALITY • Elegant design, durable construction and many convenient features. VALUE • The finest corporate kit for the price, $49.50; with printed minutes & by-laws, $52.50. To place an order, for information or free catalog, call: ALBANY, NY (518) 463-8842 (800) 232-0411 FAXr(518) 463-8888 ARLINCGIUN, TX (817) 461-5993 (800) 433-1700 FAX (817) 461-2677 celsior-legal, Inc. ATLANTA, GA (404)449-5091 (800) 241-8816 FAX' (404) 449-367 Blum!' Law Pro EXCELSIOR -LEGAL. LITIGATION SUPPLIES LAW OFFICE STATIONERY. SOFTWARE. SUPPLIES AND MANAGEMENT SYSTE T..RS WEEKLY USA APRQ. 26,1993 Page 11 xi Real Estate Developer Sues City For Treble Damages Under RICO s. t- a t V 1 f Continued from page 1 The plaintiff -developer had purchased a 90-acre tract of land and secured several large tenants for its shopping center, in- cluding a chain discount store, a super- market, and a health club. All it needed to begin building was for four out of five members of the city council to vote to re- zone its land for commercial use. However, two groups of rival develop- ers stood in its way. One of these operated a shopping center near the proposed site of the new one, and the other had bought land for its own shopping center in the same area. According to the plaintiff, the first group of developers gave free rent to a video store that the mayor owned in its shopping center, and the second group created sham political committees to funnel $5,000 to the mayor for her re-elec- tion campaign. The proposal to rezone the land was voted down by the city council 4-1. The defendants argued that the plain- tiff couldn't prove causation of damages, since the rezoning plan would have been defeated in the city council anyway even without the improper conduct. But the court said that causation could be based on the mayor's "influence" with the city council, regardless of the actual vote count. "A jury could reasonably find that [the developer's] injuries were caused by the defendants' bribery....Such a finding need not be predicated on any vote -counting done by the fact -finder. The jury could in- stead find that given the extent of [the mayor's] alleged role in the proceedings -- not simply her efforts on behalf of [the ri- val developers], but her lobbying of...city administrators to oppose the project, her attempts to persuade [the chain discount store] to consider another site, and her seeming control over the conduct of city business — the defendants' bribery of her caused [the plaintiff's] injuries. "A finding that bribery of a coun- cilmember proximately caused a plain- tiff's injury can therefore rest on evidence of that individual's influence over the pro- ceedings. A contrary finding would sim- ply encourage potential wrongdoers to place the most efficient bribe possible: one that will reach the desired result without the expense of bribing a majority (or su- permajority) of councilmembers." `Speculative' Damages Okay The court went on to hold that lost prof- its are a legitimate form of damages under RICO. Although the plaintiff's damages in this case are "somewhat speculative" and "difficult to ascertain with precision," the court said, they are nevertheless real and should be determined by a jury. However, "a jury would certainly be ex- pected to consider evidence of the poten- tial uses of [the plaintiff's] property that may not have been pursued, as opposed to simply granting damages for the differ- ence between the undeveloped and devel- oped property values." U.S. Court of Appeals, 8th Circuit. Bieter Co. v. Blomquist, No. 92-2018. March 8, 1993. Lawyers Weekly USA No. 9900221 (23 pages). To order a copy of the opinion, call 800-933-5594. To order an opinion call 1-800-933-5594 Page 12 LAWYERS WEEKLY USA APRIL 2 LEGAL BRIEFS ALABAMA A lawyer charged with an AIDS -related assault remains jailed in Huntsville while debate ensues over how to prove he in- tentionally passed the virus to a woman he dated. Corrinne Kurtz, 36, alleges Christopher Michael West, also 36, had unprotected sex with her, knowing he was infected with HIV. AIDS law specialist and Cum- berland School of Law profes- sor, Leonard John Nelson, ex- pressed concern that such cases may lead to easier access to pri- vate medical records. Edward Blair, counsel for Kurtz. wants this case to help push for laws making it easier for victims to have access to medical records to prove their cases in court. ALASKA A vote on whether to repeal a gay rights ordinance in Anchor- age has been postponed by the Alaska Supreme Court because it found that the wording of the pe- tition to get the measure on the ballot was probably biased. Supporters of the new ordi- nance went to court to block the vote, scheduled for last Tues- Aa.. not know the weapon was there. Circuit -Chancery Judge Wat- son Villines ordered Denton be allowed to attend classes and register for the fall semester. CALIFORNIA A woman has been awarded $1 million in her lawsuit against a Japanese drug manu- facturer who produced a now - banned sleeping aid which made her sick. A Superior Court jury awarded Betsy DiRosa, 42, far less than the $144 million she had sought from the Japanese manufacturer of L-tryptophan, Showa Denko K.K. The jury found DiRosa to be partially at fault for continu- ing to take the drug several months after she saw a news re- port stating that people on the pill were contracting EMS. a de- bilitating disease. About 1,500 people became ill, according to John Nyhan, Showa Denko's lawyer. Other sufferers had reached settle- ments with the manufacturer, but DiRosa rejected Showa Denko's $1.5 million settlement offer before the trial, said her lawyer, Patrick McCormack. No punitive damages were awarded. gued that a federal misinterpreted sta ing that the cou with Continental the insurance cor Continental is go -based CNA F FLORIDA Witnesses tr tanker collisic trak, the gasoli pany and a rc firm claiming e The witnesse cers, claim the duct was wil negligence, v. their lives, say Jon Krupnik of The lawsuits, $15,000, name , da Hess Corp., and Sons Constr GEORGIA A planned Supreme Co Clarence Thom ed mild criticisn University Law ing to Dean Phil Although Shel pect protests, 1 about 100 lette on the visit, me critical, he said. "Personally, I coming," said past president of of Women La think his comin face to women. Thomas will 700 students a at the school'. Luncheon. HAWAII Conflict -of -interest article failed to balance conflict Eagan Mayor Bea Blomquist object- ed ,"that a June 9 news story and headline about conflict -of -interest al- legations against her lacked balance, that.tbe article included an editorial comment and that the first paragraph coaFtained an error. She a4so said reporter Rob Hota- kainendid not keep a promise to call her for a comment after he read de- positions in a lawsuit filed by the Reiter Co., a development partner- ship trying to rezone land for a $50 million retail complex in Eagan. Ho- takainen and Paul Klauda jointly re- ported. the story. Better contends that Blomquist shetttd not have participated in an cattier rezoning denial because of her business ties with a competing devel- oper. Federal Land Co. The • top of the two-part headline 'paid; "Breaks for Eagan mayor al - egad." The second part said, "Free lent from developer cited." ;he first three paragraphs described Ile charges in the depositions and ihy they were filed. The fourth para- raph said, "Blomquist, in sworn tes- !Many .... denied any wrongdoing �."The next three paragraphs were devoted to comments from Federal If you ran the paper Lou Getfand Land officials also denying the allega- tions. Blomquist said the headline should have said she denied the charges, and the reader should have been told nearer the beginning of the article of her de.tial. Reporter Klauda said, "Four of the seven paragraphs before (the article continued to an inside page) are deni- als and defenses of the lead's main. points. That suggests, if anything, we bent over backwards to report the other side." The first paragraph said that the de- positions alleged Blomquist "re- ceived up to six months free rent for two video stores she operates with her husband in shopping centers owned by the city's largest retail de- veloper." Blomquist contended that readers would conclude the stores got a total of 12 months free rent. The article later reported that each of her stores received three months free rent. Martin Colon, an owner of Fed- eral Land, said in the anicle that other tenants also received free rent. Klauda said, "The depositions were not clear on exactly how much free rent was received .... My intent was to sum up how much free rent was involved for the two stores." Blomquist objected to the phrase "tried to" in this paragraph: "In her deposition. Blomquist tried to dis- tance herself from the video stores and Federal Land, saying the busi- nesses are run primarily by her hus- band." She said "tried to" left the inference that she failed to distance herself. The reporters wrote that "Blomquist distanced herself." The "tried to" was added in the editing process. Reponer Hotakainen said he "made no promise to call anyone;" He, said, c - Lev jut,i, I Li cl "The mayor, like others mentioned in the story but not interviewed, was able to respond" from their deposi- tions. Comment: Balance would have been served by devoting the second part of the headline to Blomquist's denial. Inserting a second paragraph to state that Blomquist denied the charges would have enhanced fairness and not interfered with telling the story. Itsering the phrase "tried to" gave the impression that the article was questioning whether Blomquist "dis- tanced herself' from the video stores and Federal Land. To that extent, it was an editorial comment. But the reporters' original version — that "Blomquist distanced herself' — also was editorial. It says she suc- ceeded. The "tried to" was most like- ly inserted in an effort to soften that judgment. The difficulty could have been avoid- ed if the reporters had limited them- selves to reporting what Blomquist's deposition said — that "the business- , es are run primarily by her husband." The first paragraph indicating the amount of free rent lacked precision, but I did not interpret it to incjicate 12 months free rent. he June 9 "Critic's choice" picture aption in Variety recommended a Ch. 9 program about the problem of airplane pilots who work while they are under the influence of alcohol or drugs. The picture was of an airplane crash. The caption talked about a plane rash in Tennessee in which an in- oxicated pilot crashed and was illed. teve Schwister said the picture was f a Piper Arrow that crashed while approaching the Anoka County air- port in November 1984. A search of the files confirmed the accuracy of his memory. A University of Minne- sota aviation authority said the Ano- ka accident involved weather. not alcohol or drugs. •Comment: Although the caption did not assert that the picture was of the Tennessee crash, that was the impres- sion given. Use of the Anoka crash picture Was inappropriate. ■ John Deveny questioned a Ma' ?' article about the guilty plea of a doc- tqr clued with givins (deral oli- Brdaks for Eagan mayor cG alleged Le4� Free rent from developer cited By Rob Hotakainen and Paul Klauda Staff Writers Eagan Mayor Bea Blomquist re- ceived up to six months free rent for two video stores she operates with her husband in shopping centers owned by the city's largest retail de- veloper, according to depositions made public Monday. Blomquist and Pam McCrea, an ex - business partner and former chair- woman of the Eagan Planning Com- mission, also were charged low rent at one of the stores and allegedly were offered the use of the develop- er's condominium in Palm Springs, Calif., the depositions said. They are part of a suit filed in Dako- ta County District Court by the Bieter Co., a development partner- ship trying to rezone land for a $50 million retail complex in Eagan. Bieter officials contend that Blom- quist should not have participated in an earlier rezoning denial because of her business ties with a competing developer, Federal Land Co., which operates Yankee Square and Town Center, the city's largest retail center. Blomquist, in sworn testimony that frequently conflicts with McCrea's account, denied any wrongdoing by herself or her husband, Edwin. In addition, Federal Land owners Martin and Vernon Colon defended their actions in an interview yester- day, saying the free rent and leases negotiated with the Blomquists were comparable to terms they have reached with other tenants at their Eagan centers. Martin Colon said one of those leases includes a stipulation that will force one of the stores to leave Federal Land's shopping center at the end of the month. The Colons also said the condomini- um offer amounted to no more than telling Blomquist and McCrea in passing conversation to stop by if they visited California. Vernon Co- lon, who lives there during the win- ter, said, "Nobody would ever use that place" unless he or his wife were there. McCrea said in her deposition that she turned down the offers to use the condominium, reportedly in late 1985, after her father advised her about how such a visit would appear to the public. McCrea, who still serves on the Planning Commission, said she believed that the developers made a similar offer to Blomquist. The mayor, who has frequently sup- ported Federal Land projects, denied being offered use of the condomini- um. She said in her deposition that she does not consider herself a per- sonal friend of the Colons. Eagan continued on page 4B v First Qtr. cJJJ st Qtr June11 June 18 June 26 July 4 ❑ Less than 0.1 inc 0.1-0.5 inches 0.5-1 inch ▪ 1 inch or more Source; Depart; of Natural Resour National Weather Ser & University of Minnt< Extension Ser Pipestone-area man dies in crash United Press International _ Pipestone, Minn. A rural Pipestone man was kille, about noon Monday when his ca t and a semi -trailer truck collided ease of Pipestone on Hwy. 30. s The victim was Gilbert Francis t Smith. The State Patrol said he was dead at I the scene. Officials said Paul Tim- merman, of Brewster, Minn., driver r of the truck, escaped serious injury. Continued from page 1B Thirteen depositions, amounting to several hundred pages of testimony, were made public yesterday as part of the suit, which accuses the city of being arbitrary and capricious in re- fusing to grant Bieter the rezoning in February. The Eagan City Council rejected the rezoning effort, saying it didn't want to rezone more land for commercial use when it already has a plentiful supply of such land. More depositions are expected, including those of the Colons. The most serious charges made pub- lic yesterday came from James U qer, a former tenant coordinator with Federal Land, and McCrea, who with her husband, Mark, helped the Blomquists started their video busi- ness in December 1984. Tfie Blomquists and McCreas formed a partnership to operate a video store renting space in Yankee Square. Pam McCrea led their efforts to negotiate a lease, which included payments of about $4 a square foot per, year for about 1,000 square feet of space. Unker said he was told by one of the developers to quote the $4 figure, even though similar Yankee Square eapolis Star and Tribune epositTons made public as part of suit tenants paid much more than that. He testified that he had not actually seen the lease but that another Feder- al Land employee was surprised at the low rent charged. McCrea said the lease at Yankee Square was "extremely reasonable," but did not elaborate. The lease, which began Jan. 1, 1985, but did not require a rent payment for three months, was designed to help a new business that Federal Land eventually wanted to locate at Town Centre, Martin Colon said. Federal Land also was hard-pressed at the time to find a tenant for the space, which had been empty for three months, Vern Colon said. "If this particular business had to pay two times the rent it did, it would never survive," Martin Colon said. About a month after it opened, the McCreas dropped out of the venture because of recurring differences over how to run it, the McCreas said in their depositions. Early last year Ed Blomquist began exploring the possibility of opening a second store at Town Centre, also owned by Federal Land and the key- stone of Eagan's future downtown plans. The store, combined with a one -hour photo shop, opened in September or October, but no rent payments were due until January 1987, Ed Blom- quist said in his deposition. The Blomquists paid about $2,100 a month (or $10.50 per square foot per year) for 2,400 square feet of space, he said. Martin Colon said the Blomquists' leases were not unusual. He pro- duced leases showing that other ten- ants of Yankee Square and Town Centre paid more than the Blom- quists, while others paid less. He also said most leases involve some free rent. "You do what you got to do to get" space leased, he said. "It's very com- petitive." Colon added that the video business at Yankee Square will leave at the end of the month because another longer -term tenant has been found. The video business had been operat- ing with a month -to -month lease since April, he said. In her deposition, Bea Blomquist tried to distance herself from the vid- eo stores and Federal Land, saying the businesses are run primarily by her husband. She said her main in- volvement is to mix chemicals for the photography business once every week or two. But Bieter officials, in their deposi- tions, cast Blomquist as a key player whose ties to Federal Land seemed to make her cool toward their proposal even before it received much public attention. Ron Cornwell, one of the developers, said in his deposition that the may- or's main concern was that "she did not want a project that would com- pete with Town Centre Eagan." She made the comment at a lunch with Cornwell and a business partner last June, several months before the pro- ject had been officially proposed, he said. Cornwell said he and his partner, Dennis Klohs, spent the next 10 min- utes trying to explain how their pro- posal would help the city, but Blom- quist "concluded by saying, 'Your project still sounds a lot like Town Centre.' " Blomquist, in her deposition, denied saying that she did not want competi- tion for the video stores or retail centers developed by Federal Land. She also said she felt harassed by the developers, whom she claimed were spreading "innuendos and untruthful statements" about her alleged efforts to defeat the project. McCrea said the mayor told her that she wanted Target to go to the Town Centre development. She testified that the Federal Land developers had said the proposed Target develop- ment, if approved, would hurt them financially. But Blomquist said, "Truthfully, I don't care if Target really comes to Eagan." McCrea testified that she had been a close friend of the mayor's until last November, when the relationship be- tween the two went "from one ex- treme to the other." The suit seeks to overturn a rezoning denial for the so-called Diffley Cen- ter, proposed to be built at an unde- veloped interchange of Interstate Hwy. 35E and Diffley Rd. The 735,000-square-foot project would have included Target, Northwest Racquet Swim and Health Club, and possibly a Cub Foods store and a Knox Lumber outlet. Minneapolis Star and Tribune/Tuesday/June 9/1987 • 3B r, news Sul duplex called list by authorities was extinguished, said Friberg. He said the occupants of both of the duplex's units were away when the fire occurred. Itwas determined to be arson, he said, because empty paint -thinner cans were found strewn about the living room of one unit. No arrests had been made yester- day. Investigators suspect that the ire was ignited by the pilot light on t basement water heater, said Fri - >erg. tiling charges eaded guilty to similar charges st week. I eight people were indicted earli- -n4 are all first offend - Bomber training route plan may die Environmental concerns given as primary reasons By Pat Prince Northern Minnesota Correspondent A proposal by the U.S. Air Force to establish a low-level bomber training route over central and northeastern Minnesota is "going to die a gracious and peaceful death," according to Rep. James Oberstar, D-Minn., who has led opposition to the plan. If it does — and the decision is expected within a week — it will be the first time the Air Force's Strategic Air Command (SAC) has ever can- celed a proposed route, according to Air Force officials. "I think they're (SAC) working their way out of doing it," Oberstar said Monday. "I think they're trying to save face by saying they're doing it (canceling the route) on some other basis than that people don't want it. But the public opposition is very important. I think they ran into a buzz saw they didn't anticipate." SAC has proposed radar -avoidance training maneuvers in which BIB, FBI 11 and B52 bombers would fly as low as 300 feet, five times a day, five days a week, over parts of northwest- ern Wisconsin and northeastern and east central Minnesota. Public oppo- sition to the plan has been "unprece- dented," according to Air Force offi- cials, who were surprised when 800 people showed up at public meetings in Duluth and Mora last month. SAC has also received 400 letters and calls protesting the route, according to SAC spokesman Maj. Fred Harrop. SAC officials say that public contro- versy is one of the factors they con- sider in establishing routes, but that it is not in itself a reason to cancel a route. The primary reason they are considering dropping the route, they say, is environmental concerns — including mink ranches in the central portion of the route and the environ- mental sensitivity of the Brute River in Wisconsin — that they say they learned of during the public meet- ings. Another option being consid- ered is to alter the route, according to officials, who say a decision will be made within a week. If SAC does pursue the route, it will, for the first time, perform a full envi- ronmental impact statement, accord- ing to Harrop. The detailed study would cost about $100,000 and take a year to compute, he said. "These are the things that are being dis- cussed right now, whether the value of the training is worth the cost to develop the route," he said. Oberstar and Minnesota Republican Sens. David Durenburger and Rudy Boschwitz, as well as area residents and state officials, asked SAC to conduct the study. Previously Ober - star had demanded that SAC hold public meetings on the plan, some- thing that SAC officials say they rare- ly do before creating new routes. Oberstar said the Air Force and most government agencies "tend to think they'll just persist and wear people down. But the first principle was to get this thing out in the open and get the Air Force to tell people what they're doing. The people expressed their concern and they were heard. In this case, the government worked and it worked for the people," he said. •f.iwiw I Hwv.12 Mink n. _u n , a a" 1 °c. a- 2 y c — Bo —ram o�', F � i%F`r.E � 1 �N ....o ^-m �H� n w �" •,Y ay m C eD c O ep N O r9 = y 7- .ran " a Q. E ° N =^ 3 ^_(a ra "w -C co y O 0 coo ~ car? Q° G.� ° �' c ..� �C ro m nn ..x'r^ p C spy y -.c a� ^ =aoT_ a 7f7Han P p c n 2. O y ° C�Qt7 a-�� C-D A �. 0. �,y O-g p n <„ �r- ...,-;.� A < N �' n �� — (<J co Ea. G.° - a -,ep $ p A, 5 ;� = ° C ;1 m A L t- ~ : c co 3 co-ms;cc ' C rN� N o�°cy3� ° r _ r r Tno�<ov�i�nRv�,o `<�^.-• "^c�� `00' m . c ^'' :; 5= ^ N m _ QZ.y n Sa• C.-- � -- � ° .�N ro •, � N —c cn -.�� ,- N co m A ? . A E. f9 n.. G a C C Q, 7'r' .. A O $ A n 7-4 r7 m 0 y . r . (D ^ . r9 N • O 4At X, y .�. f9 Cl.. A ^' < n c $ c , N y ra C JC n O ° ° QC N N c N vg, a _ sq _ C.0 co f9 n A ^' n, - �- = 7t n. 07 re r9 03 r9 C A = f 9 y o` =. zJ `� 'e ?+ 'rAf � � '*". y 'LJ �, _ " o nNi �n� A °, o o w -+ N ?'r: •rD 5 =N4 `^ 7C O ul S7L• a^ _ y r9 ' O,. N <`C r9 A n.rD a^ C ° ° [ ^~ am dCG.- V►m f30 C� -a.A., `.°.,. cn ° �'St P09 N o n y n y� N N Go =!^ Cn' '�'�='>`»['a�i r°^-+ r co o a� < }. • rn . " A ra 3 3 �, n.) too • 01 .. E'= e4 , �_ r.. y —. a o " c a °° ao __ = _� o a . < ar ° <. rr rp y _ _ _ rr C.Q 7C' .s .�"� << GLi �' y,. '-^C .'. R. Q G =',_. S_c--r rf y 1:--i ..-- (rC-' `<- -cT c�'�' e? 'O+r...T.! r ,.-_.c- — .: C z"C. �rv'G a� r9 r y - ;Lc -CD 0... zn ° 3�n : J� r X K 0 - t N ^can. .� a.1 n• o.c -• '.r _ TUESDAY, JULY 9, 1996 SAINT PAL Cam- L L REGION Former Viking pleads guilty in theft ASSOCIATED PRESS HASTINGS, MINN Walker Lee Ashley, a former linebacker for the Minnesota Vi- kings, pleaded guilty Monday to stealing about $1,300 in public •funds. Ashley took money from the city of Eagan by forging checks the city had issued in connection with a youth development pro- gram he supervised, the county prosecutor said. "It's very sad, I think, when you have a public sports figure such as this who runs an athletic program, then turns around and rips off the youth in the program," said Dako- ta County Attorney James Back- strom. A check forgery charge and a theft charge were dropped in ex- change for the plea to the felony charge. Ashley retired from the Vikings in 1991 and was hired in April 1994 for the Eagan job, which paid him about $37,000 a year. He ear- lier denied the charges, saying: "Anyone that knows me knows I don't rip off kids." Backstrom said Ashley put in false claims to the city for work that was never done, then cashed the checks by forging signatures. These included a $250 check to former Viking Joey Browner, ac- cording to Backstrom. Backstrom said Browner never did any work for the city and wai not aware the check had been is sued to him. Ashley will repay the city about $1,300 and make restitution of about $500 to youths in the pro- gram. Ashley did not plead guilty to stealing from the youths, but Backstrom said he forged checks • made out to them for referee work and other duties. In one case, the county attorney said, Ashley cashed a youth's check and paid him less in cash. Sentencing is set for 9 a.m. Sept. 12. Backstrom said Ashley will likely get probation for an exten- sive period of time and that prose- cutors will seek county jail time. Fv.7.;#. Council members win open meeting lawsuit C6- Cab L- by Linda Hanson City Council in 1979 and lost to Ted Two City Council members and one Wachter and Jim Smith. former councilmember have been The case was in court Feb. 3, 4 and 10 cleared of charges that they violated the and the defendants received word of the open meeting law four years ago. decision last week. Dakota County Court Judge Gerald Taylor alleged that Smith and Par- Kalina dismissed the case brought ranto, the council's Finance Committee against councilmembers Tom Egan and in 1979, violated the open meeting law Jim Smith, and former Councilmember at five luncheon meetings in 1979 where Mark Parranto. they met with fiscal consultants to ex - The lawsuit was filed by Paul Taylor, plore whether the city should sell tax - former Eagan resident who ran for the exempt bond$ to finance a below- market interest rate home mortgage program. Kalina decided that since the Finance Committee met at the direction of the council, and since there was no evidence that Smith and Parranto discussed the bond issue between themselves or made any decisions on it, they didn't violate the open meeting law. "The meetings...were merely infor- mation gathering sessions," Kalina wrote in his opinion. • Ar /ti /. i Taylor also alleged that Smith, Par- ranto and Egan violated the open meeting law when they attended a Timbershore Homeowners Association meeting to explain their votes at a previous council meeting. "This was more in the nature of a political appearance before a group of voters....It does not appear that the statute is intended to proscribe political LAWSUIT: top. 8A expected to reopen this fall. Beginning about May 1, there will be a bypass around the intersection of Cliff Road and Galaxie Avenue while bridge and interchange con- struction is underway. Minnesota Department of Transportation (MnDOT) engineers disagree on when the intersection will reopen. Some believe it will be open this fall and some say it won't be open until next year, according to Bob Vockrodt, spokesman for MnDOT. Traffic problems may result on Blackhawk Road for about the next two years as a bridge is built at Blackhawk and I-35E. Vockrodt said there will be a bypass. Although ter_ --_,, L ti to to aet throu¢h, 8 I ► Begin 1982 Open 1985 12 111116 it '4Bypass on Blackhawk Road Bypass at Cliff and Galaxie Open meeting lawsuit LAWSUIT: from p. 1A appearances by public officials," Kalina wrote. Kalina also dismissed the council members counterclaim against Taylor for filing a lawsuit in bad faith. Kalina wrote that even though the open meeting law was not violated, Taylor was justified in filing the suit because there was "poor lack of notice (which) tends to create a suspicion of ir- regularity justifying investigation and possible legal action by a citizen." The five luncheon meetings were scheduled at restaurants outside Eagan. City Administrator Tom Hedges wrote the meeting notices on the city's mon- thly calendar of events posted at City The Eagan CHRONICLE, April 4, 1983 Hall. Kalina's comments on the city's in- adequate notification of the public pro- mpted the City Council to set a public notification policy last week. At a special meeting Tuesday, the council voted unanimously to set up a form which would list information on upcoming meetings, including where and when they will be, what will be discussed and a contact person. The form will be used for all special council and committee meetings, as well as advisory commission meetings. It will be posted at City Hall no less than 24 hours before the meeting and a copy will be sent to local newspapers. "We're trying to head off trouble at the pass," Smith said. C6 .rt-L_ St. Paul Dispatch Wednesday, Aug. 31, 1983 7S Man files $2 million lawsuit By Mike Barrett Staff Writer A 23-year-old Burnsville man is suing Eagan, several Eagan police- men and Dakota County for $2 mil- lion because he said police illegally strip searched him and jailed him. The man, listed as John Doe, re- cently filed the lawsuit in U.S. Dis- trict Court in St.- Paul. "The strip search constituted gross invasions of the rights to pri- vacy and due process under the Constitution," Minneapolis attor- ney Barry G. Reed, who represents the man, said. Eagan City Attorney Paul Hauge and Robert Carolan, the Dakota County attorney, said they were re- viewing the suit. The man and three companions were in a parked car on Deerwood Drive, looking at a map to find a friend's home on Feb. 19, 1979, when an Eagan policeman ordered them outside, the suit said. Other police also arrived. An officer reportedly searched the car and ordered the men to drop their pants in sub -zero tem- perature and searched them. When the man complained, the officer grabbed him by the testi- cles, he said. When he attempted to force the officer away, the officer and other officers assaulted him, he said. He claims the officers drove him to the Eagan Police Department and then to the Dakota County Jail in Hastings where he was held. The man said he was released the fol- lowing morning without further ac- tion. His attorney said the plaintiff's name will be available to defend- ants if they agree not to publicize it to protect him from embarrass- ment. ....."..„ } Lta, ) iAALL UL Iriver's license to 5:30 pm St. Paul Dispatch fide ere buy hydroelec- and generate a preliminary ght U.S. utility o. and Minne- )ba Hydro will a 1.1 million files north of ct hinges on ary Ann Ren- ites Minneso- n could buy generate in ydro plant, iild, Rentas • ter CG L� Tuesday, Feb. 15, 1983 Suit against Eagan officials on meetings law dismissed By Mike Barrett Staff Writer Dakota District Judge Gerald Kalina has dismissed a request for punitive damages of $650,000 against two Eagan city councilmen and a former councilman for al- leged violations of the state open meeting law. Judge Kalina ruled there was no basis for the damages requested by Fire • Continued from Page 1 B Mikesell said this type of home for the elderly does not require that staff be present so that having the two staff members on hand, even asleep, exceeded require- ments. "Furthermore, the investi- gative team feels that Cynthia and Sabrina should be commended for their actions which were above and beyond their responsibilities," he Paul Taylor, an unsuccessful coun- cil candidate, in his lawsuit against councilmen James Smith and Thomas Egan and former council- man Mark Parranto. After the trial's end in Hastings last week, the judge gave lawyers until the end of this month to sub- mit briefs before he rules on other issues. Taylor alleged that Smith, Egan remained unidentified, kept her from reentering the burning build- ing at one point and possibly saved her life, Mikesell said. Regulations call for the home to have five smoke alarms but 14 were present, he said. None, how- ever, was in the living room where the fire started. The living room was considered a smoking -permit- ted area. and Parranto violated the law sev- eral times in 1979. Taylor claimed the violations oc- curred when Smith and Parranto, members of the city's finance com- mittee, discussed a housing bond issue during three meetings at the St. Paul Athletic Club, at one meet- ing in Forepaugh's Restaurant in St. Paul and at one meeting in The Decathlon Club in Bloomington. Taylor also claimed that Smith, Egan and Parranto violated the law by attending a meeting held by a group of homeowners in the Eagan City Hall. Taylor asked that Smith and Parranto be removed from office and that they and Egan be fined $100 for each alleged violation. Taylor, a law student, ran unsuc- cessfuly against Smith for office in 1979, filed his suit in 1981 and later moved to Apple Valley. Egan was re-elected, but Parranto lost a re- election bid in 1981. Reagan does Valentine bit WASHINGTON (AP) — Presi- dent Reagan did some last-minute shopping when he stopped in a card store and picked out four Valentine greetings. "They're all for Mrs. Reagan," the president said as he displayed the cards he purchased at a store a block from the White House on Monday, Valentine's Day. "I got a few. I thought. I could mix them up." Actually, one was given to Maj. Bill Drennan, the president's Air Force aide, who said he had not had time to pick one out for Mrs. Drennan, according to assistant White House press secretary Mark Weinberg. Iris Chicovsky, the store's owner, said the president spent $5.30 for the four cards, paying with a $10 bill. She said the president noted at the cash register that "he didn't get out very often." Metropolitan News The Dispatch Gays, lesbians seek legislation By George Beran Staff Writer A group of 20 gays and lesbians urged the St. Paul City Council legislative committee Monday to make two bills part of the legislative package the city is pushing at the Capitol. The bills would repeal sodomy, adultery and forni- cation as crimes and impose penalties for threats to injured persons because of their sexual preference. The city Human Rights Commission is supporting the bills and asked Mayor George Latimer and the council to lobby for their passage. 2nd Ward Councilman James Scheibel urged his col- leagues to endorse the bills. "It's an issue that's fright- ening to people and hard to communicate. We have the opportunity before us to be leaders," he said. Councilman John Galles, legislative committee chairman, reluctantly agreed to bring the bills back for a vote Feb. 28. Galles' position on the bills, which were not includ- ed on the committee agenda Monday, was a matter of controversy to members of the audience who were hoping for immediate endorsement of the proposals. Last week, Barbara Metzger, chairwoman of the 4th District DFL Gay -Lesbian Caucus, stormed out of Galles' office. According to a witness,she slammed the door so hard that it knocked a nameplate from the wall. She apparently was expressing her anger over Galles' decision to omit the bills from the agenda. Mayor George Latimer told the committee his sup- port for gay rights issues is well known. "I'm sympa- thetic to the need for the council to address it," he said. The mayor's remarks were bewildering to council- men Hugo Masanz, a committee member who com- mented after the meeting: "Latimer talked, but what did he say? I didn't hear anything." Although Galles wanted more time to study the bills, Scheibel convinced the committee to bring them back for a vote in two weeks. Marge Charmoli, chairwoman of the city Human Rights Commission Task Force on Gay and Lesbian issues, urged the council members to back the bills early in the legislative session. "Discrimination is alive and well — we need to put this matter to rest," she said. Other speakers recalled how St. Paul voters killed the city's gay rights amendments to the Human Rights Ordinance in a 1978 referendum. They said the tim had come for St. Paul to support the gay community. Interpr"r: Both parties will play by the rules From Page lA cial needs. "By working together, we can make this whole thing work," Rasmussen said. Perri Kramer, a 17-year resident of Eagan, said the settlement has prompted calls from other parents of deaf children and peaked the interest of the media, in- cluding the television show, "Good Morn- ing America." She wants to make it clear that EAA has provided wonderful coaches for Kole and she has never asked for the rules of the game to be altered because of his special needs. "Any sport Kole plays through EAA, the rules will not change due to his deafness. His communication needs will be met so that he will learn the rules of any sport he plays," Kramer said. Although his mom can and has inter- preted at his games, Kole said he prefers an outside interpreter because his mom doesn't know the sports lingo. "I think it's embarrassing for him. He ignores me or tells me to go away," she said. Kramer doesn't see a problem asking others to help pay for her son's interpreter. "I didn't think as a parent I should do all of it. I wanted some support_" chc Ca,a She said she hopes to become involved in securing business scholarships so that other hearing impaired children can play. She also made sure two other deaf boys were on Kole's team in the past. Kole, a fourth -grade student at Gideon Pond Elementary in Burnsville, has made several hearing friends through EAA sports, some of whom bring paper and pen- cil to games to communicate with him. Kole also has played on teams consisting exclusively of deaf children. "He needs to learn both worlds so that he grows up knowing it's OK to be with ho�rinw kids." Kramer said. ESS THAN UlnkttIma. The specials are now available Sunday through Thursday between 11 pm and 8am. $1.99 breakfast specials at Mystic Lake's Minnehaha Cafe — a perfect way to get fueled up for your big day of winning. MkS.Fi' L K E CASINO • HOTEL '1.99 11UI . ift1a0, FL vga uaaa ._.,.......a.-_ ___ Burnsville/Eagan Access Television. He re- members Amundson taking camera operat- ing and film making classes around 1991 and starting to produce shortly after that. "He believed in the privileges of access tele- vision," Hotchkiss said. "He really believed the community should have this service and he wanted to give them quality programming." On occasion, Amundson drove to Des Moines and other places to do interviews and shoot footage for his award -winning pieces, said his wife, Beverly. She doesn't know where he got his interest in camera work, but said he enjoyed trying to teach others through televi- sion about his interests. His last production, completed in 1996, was of the American Indian children's tale "Spinoza." __i_ _C A,...ol•..+r•* rnllprp and "When the kids were little, he never shied away from doing the basic things," said Bev- erly, adding that her husband wanted their children to experience all that they could. In addition to his affection for film -making, politics and opera, Amundson enjoyed birds, travel and art. "He had a real zest for life," Beverly said. "He loved his family very much," said Hotchkiss. "He became a good friend to us over here. We're going to miss him. Survivors include his wife, Beverly; chil- dren, Erik and Kari; brother and sister-in-law, Charles Audrey Amundson; close friend, Ray Manders; and many other friends who gave endlessly of their time, support and prayers. Services were Sept. 18 at Prince of Peace Lutheran Church in Burnsville. Burial was at the i,akewood Cemetery in Minneapolis. ,Fudge plans to take court on the road i By Bruce Orwall J Staff Writer wrapped up the Eagan residents will get two branches of government for the night of Jan. 5. price of one next month when Dis- trict Court Judge Jack Mitchell takes a case out of his Hastings courtroom and into the Eagan City Council chambers in search of a settlement. Mitchell decided on the unusual step Wednesday after just one day of trial in a land use lawsuit in it could ail be With a new council 1e4•.... ..st..... taking office in January, Mitchell said he is will- ing to try another tack. He has de- layed the trial indefinitely. and will haul his court reporter to Eagan on the night of Jan. 5 to which the owners of 122 acr• in wait while the attorneys wrangle Eagan are challenging a zonin de- with the city's new political lead- cision. Settlement talks in .hat ers. case and two others involvin the same parties have sputteressomething literally o eteti er," days as attorneys tried to negate Mitchell ai with the present Eagan City )un- place to sit down and make ar, ac- cil. curate record of it." n Eagan case If not, Mitchell will set a date to resume the trial. "It certainly isn't something that we'd routinely do," he said. "But it certainly isn't a routine case. "If I can settle two or three cases instead of one, I'll go to Eagan or any number of other places. I guess I've been in this business long enough to realize that doing things the way we used to doesn't necessarily get done what needs to be done ... We don't have a backlog here now, but if we don't use creative energy and bold- ness to resolve cases we will soon." The three entangled cases Mi- chell hopes to clear by by taking his court on the road are: • A zoning matter, in which Rob- ert and Grace O'Neil of St. Paul are protesting a 1985 city council vote that prevented the rezoning of land at Interstate 35E and Yankee Doodle Road from agricultural to Please see Case/4A A ranKing gvvcaauaaaut, �.... _... s. Case Continued from Page 1A commercial. ■ A closely linked case involving the condemnation of 10 adjacent acres of the O'Neils' land for storm -water holding ponds that benefit the nearby Town Centre shopping complex, which is owned by the Federal Land Co. of Eagan. The O'Neils won a $664,000 con- demnation award in 1985, but the payment is being protested by the city and Federal Land Co., which has an agreement with Eagan to pay the condemnation costs. ■ A challenge of special assess- ments the city has placed on the O'Neils for storm sewers. Mitchell said his presence in Eagan will accelerate the negotia- tion because, under normal cir- cumstances, it is nearly impossible to consult with all the parties in a timely fashion. Telephone consul- tations that attempted to solve the matter early this week took hours, and once a special, city council meeting was even required. Attempts to resolve the zoning case have been complicated. The city council has been willing to give the O'Neils the commercial zoning they have long sought, but negotiations snagged when the three cases were presented as a package. The critical question is how much compensation should be paid to the O'Neils for the storm - water ponds. The city, according to council member and Mayor -elect Vic Elli- son, does not want to get stuck pay- ing any of the condemnation costs. But Ellison said that if the O'Neils can guarantee that only the Federal Land Co. — not Eagan — is liable for those costs, then the new council might be willing to settle the zoning dispute alone. The condemnation case would be set- tled later on its own, or go to trial. "I have no interest in protecting 'ederal Land by paying for the nding of their development," El- n said. "My only concern is that pity not be held liable." son said there is another fac- t makes the case even more Judge Jack Mitchell Not a routine case complex. The city has hired Chris Dietzen of the Bloomington law firm Larkin, Hoffman, Daly & Lindgren to represent it in both the zoning and pond condemnation is•Ii sues. But, Ellison said, the Federsi Land Co. is paying the legal ei penses in the condemnatiahi ca`: ek And since Federal Land owns shopping center across from the , O'Neil property, it has different in- terests than the city and has direct- ed the settlement talks in a differ- ent direction. Dietzen said that is not necessar- ily a concern. But Federal Land has suggested that it may sue Eagan if the land is rezoned for commercial uses, because that would make the pond area — for which Federal Land is liable — more valuable. Dietzen has excused himself from advising the city on that matter. On Jan. 5, the first order of busi- ness will be swearing in the new city council. It's then likely that the council will go into executive session to authorize a new settle- ment strategy while Mitchell awaits its decision. If attorneys can reach agree- ment and the city council ap- proves, Mitchell said, the matter will be settled that night. /2 y /77 1� 1.1V11 uciayea Requirements in the bill specifying here spending reductions must be made ill force the agency to cut both custom - service and capital spending, Tisch Lid. Coughlin said most service -cut deci- ons will be left to local managers, in- uding cuts in staff hours. Initially, staff its probably will involve part-time orkers, he said. The federal budget bill requires the ostal Service to reduce its spending by L.25 billion over the next 21 months. his is $700 million less than the original its proposed for the agency, but still ill require cuts of $430 million in the ,stal operating budget, with the rest Iming from capital funds. Tisch said about half the several hun- ed construction projects planned over e next two years will have to be can - led. ster passes -weather test 'ON — Engineers at a snowy, re- , Wednesday successfully conduct - full -scale test firing of the rede- ,00ster fer the space shuttle. rations were that the test firing, Id weather, had duplicated the suc- nilar firing last summer. Flaws in accentuated by cold weather, are have been responsible for the Chal- Lter on Jan. 28, 1986, that took the n crew members. fied 126-foot-long booster was fired 1 in a horizontal test rig at the Mor- Inc. test site in an isolated Utah val- gham City. tions "show the motor burned exact - ?dieted," said Allan McDonald, vice )r shuttle engineering at Morton e are extremely pleased with this resent." evaluation, expected to take sever- ows that the modified joints worked i all objectives were met, two more 'ull-scale test firings are required before the boosters are certified `ul, the test would help keep the Na- autics and Space Administration on lule to restart space shuttle flights is granted FDA approval Associated Press NEW YORK — The Food and Drug Administration has approved a new kind of vaccine that may better protect young children against a form of meningitis that strikes as many as 10,000 children each year. The vaccine, directed against a bacterium called Haemophilus in- fluenzae type B, is the first of the so-called conjugate vaccines to receive government approval, said Faye Peterson, a spokeswoman for the FDA. The approval was announced Wednesday by the vaccine's maker, Connaught Laboratories of Swiftwater, Pa. The company said the vaccine could be especially ef- fective in children under age 2, whose immune systems haven't fully developed. Roughly half of children who contract Haemophilus meningitis will become quite ill, and about 500 children die of it each year. The U.S. Centers for Disease Control and the American Academy of Pediatrics — with the exception of the Minnesota chapter — recom- mend that children be vaccinated at age 2. Several vaccines against Hae- mophilus meningitis are already on the market, but the effective- ness of the vaccines has been ques- tioned in some regions. Last month, two doctors groups joined with the Minnesota Health Depart- ment to recommend against the use of the vaccines in Minnesota. Michael Osterholm, Minnesota state epidemiologist, said that problems with existing vaccines "likely can be dealt with by the conjugate vaccine, but the questir is whether it will be the Conna' conjugate." At least two other ph cal companies, Praxi- 1� Beverly Hills, Cap' ,.1 Sharp & Dohme r are also develr cines again' za type B eb „yr '2(67' I Former city attorney reflects on philosophical differences By S. Maus Bettenga A difference in philosophy. That's the best way former ci- ty attorney Paul Hauge can find to describe the City Council's decision to drop Hauge, Eide and Keller as the city attorney. Hauge, who had been city at- torney since 1972 and associated with Eagan's legal counsel since 1963, was ousted by the council in early May in favor of Jim Sheldon of McMenomy & Sever- son. Hauge's firm will handle criminal prosecution for the city which amounts to approximate- ly one-third of the city's legal business. "I can't say I didn't see it com- ing," Hauge said in an interview in his Eagan office. "We had the support of some of the longer term councilmembers and we appreciate that. "It will be a drastic change for me personally. I have no regrets for having served the city. I think our firm did a credible job and served the city well through the growth years." Aggressive growth of neighboring townships and cities nearly swallowed Eagan in Hauge's early years with the ci- ty. In August 1961, Bloomington's City Council in- itiated proceedings to include the NSP Black Dog plant in its boundaries. Plans were made to annex Burnsville. To protect its tax base, Burnsville petitioned for incorporation. The state Supreme Court ruled in 1964 that Bloomington could not annex Burnsville, opening the door for Burnsville's incor- poration. Burnsville wanted to include the Cedar Grove area which, at the time, provided half of Eagan's population and tax base. Voters chose to incorporate Burnsville. The majority of Cedar Grove residents voted against the move, the section re- mained a part of Eagan. Eagan remained a township until the early 1970s then became a village and finally a city in 1972. Throughout the transforma- tion, Hauge and his legal part- ner, Luther Stalland, handled Eagan's legal work. "We did a lot of legal administrative work for the city during that very hec- tic time," Hauge said. "Overall, the city has been very fiscally responsible. They've built a good tax base and done responsible land use planning," he said. "I think Hauge and his firm did a good job for the city," said former mayor, Bea Blomquist. "They brought the city through the growth years. Together, we watched the population double. In his 25 years of service, he did very well by the city," Blom- quist said. "What I want as mayor is so- meone who will come out with a straight answer when the coun- cil asks for it," said current Mayor Vic Ellison. Paul Hauge served as legal counsel for Eagan township, village and ci- ty for nearly 25 years. He was part of the firm which opened the first law office in Eagan. (Photo by S. Maus Bettenga) During council discussion of which firm would best serve the needs of the city, coun- cilmembers Ted Wachter and Tom Egan suggested a six- month probationary period for Hauge, Eide and Keller to ad- dress areas of concern cited by the council. Councilmembers David Gustafson, Pam McCrea and Ellison voted against the idea and in favor of switching firms. Over the years of working with the Town Board, City Council and various city commissions, Hauge said he believed his role was to respond to questions rais- ed by the council. "My predecessor was one who would tell the board how to vote. My position was not to tell them how to vote but to provide a legal opi- nion based on facts presented," Hauge said. "I don't think any consultant to the city, whether it be city at- torney, engineer or traffic ex- pert, should tell the council what conclusion should be reached," Hauge said. One criticism of Hauge's firm was that it did not respond quick- ly enough with a legal opinion when asked by the council, especially on the Cliff Lake Cen- tre project. "It's dangerous to of- fer an opinion off the cuff. Very often, it's a total mistake. Especially in the case of Cliff Lake Centre, the stakes were just too high." Facts available to city staff members and consultants work- ing on the project changed from week to week, Hauge said, mak- ing it difficult to offer an ac- curate legal assessment of the situation. Facts on the Diffley-35E Center proposal were more clear-cut and all the necessary information was available. That situation was more conducive to making an accurate legal assessment, Hauge said. Last January, with the change in residents serving on the City Council came a new philosophy, Hauge said. Hauge's tact of pro- viding an objective legal opinion was not well received by some of the new members, he said. Reviews of all city consultants were conducted this spring and Hauge lost the city attorney job to Sheldon. McMenomy & Sever- son, which has offices in Apple Valley, also serves as city at- torney for the city of Apple Valley and does legal work for School District 196. "It's a precarious position," Hauge said of one law firm representing two neighboring cities and a school district they both share. "They may have to back out at times. Those kind of conflicts aren't uncommon at all," he said. "I've know most of their primary lawyers for many years and have great respect for them. We've told them that we would cooperate thoroughly with the transition. We're certainly not going to set up any obstacles," Hauge said. Chronic MINNESOTA SUBURBAN NEWSPAPERS June 1, 1988 EAGAN Scherer 's dream blossoms in ne By S. Maus Bettenga The man who cracked the whip is gone. The man with the strong back remains. Gary and Jan Skinn are carry- ing on her father's tradition of planting and maintaining Scherer gardens along Cliff Road. "It was his dream that we carry on. We never realized how much he did, we're really notic- ing it this year," Jan said. Dick Scherer, who planted and maintained the rolling acres of gardens after he retired from truck driving, died last fall of heart disease. Passersby often stopped to admire his rock garden in the front yard. He add- ed a few flowering plants and the tradition of the Scherer garden blossomed, said Lorraine, Dick's widow. "I miss him. But I feel close to him out here," she told a visitor last week as she watched Gary and Jan plant some of the more than 3,000 plants in the scenic garden's flower beds. Although Dick was weakened by heart ailments during the last years of his life, he was anxious to continue the tradition he had established. "I can't do much of the physical work," Gary said Dick told him, "but I'll crack the whip if you'll be the muscle man." Together they created the fountains, trellises, bridges and flower beds on the Scherer pro- perty overlooking Thomas Lake. Jan took a week off from her full-time job last week to help. Gary ready the garden for the busy summer season. They worked as a team, tilling the beds, readying the soil and plan- ting seedlings one by one. At times, Gary worked so fast, Jan could barely keep up. "She's try- ing to get in my way," he kidded. "I like to be the boss sometimes too," she replied, of- fering suggestions on which species to plant next. The planting pace was fast and furious. They wanted to have everything ready for the first big viewing on Memorial Day weekend. Scherer gardens have become a traditional stop for gardeners, families and those who just like to look, Lorraine said. Many couples have found the gardens an ideal wedding set- ting. Most Saturdays this sum- mer glistening brides, dashing grooms, proud parents and friends will fill the gardens for the exchange of vows. While the gardens average three services a Saturday, as many as seven have been squeezed in, said Lor- raine who schedules all the events. Scherer said weddings at the gardens often reflect the lifestyle and personalities of the couple. "One of the most unusual sights was an entire bridal party leaving on motorcycles. Everything was flying in the breeze as they took off." One couple departed by hot air balloon, another by horse and buggy. One couple marks its wedding anniversary each year with a picnic in the gardens, she said. Several flower beds and part of the rock garden had to be moved for the scheduled widen- ing of Cliff Road. When surveyors came to place stakes People's Poll results in Approximately 7 percent of residents who received Mayor Vic Ellison's People's Poll in late April responded to the 15-question survey, Ellison's campaign commit- tee reported Thursday. Of the 10,000 surveys delivered, 686 were returned, the Ellison for Eagan Volunteer Committee reported. Ellison said he was gratified by the tremendous response and he intends to conduct a similar exercise next year using different issues. City Councilmember Tom Egan criticized the survey when it was distributed say- ing the questions were simplistic and that many of with a simple yes or no, as the survey required. He also said Ellison prepared and distributed the survey on his own without consulting city staff or council members. Ellison said after the surveys were distributed that he would be willing to share results with staff and council members. "It's not a scientific poll, but it gives a good indication of what people think on some of the important issues facing Eagan," Ellison said. Distributed and compila- tion of the poll results were done by campaign volunteers, Ellison said. No tax money was used to Jan and Gary Skinn, daughter and flowering tradition in gardens along over the weekend. (Photo by S. Mai to mark_the route of the road, 1 several ended up in the middle of the fountain near the driveway. "It was heartbreaking to see the workers place the stakes there," said Jan. "But even as they were putting them in, they County aim By Gary Gunderson FOR SALE: recently con- structed building on 11-acre site, complete with courtrooms and offices. Good location, will sub- divide. Easy terms, buyer sets price. What's for sale is Dakota Coun- ty's four -year -old Western Court Facility at Rahn and Cliff roads in Eagan. The building houses two courtrooms and offices for human service workers who per- form duties for the courts. These offices will be moved to new facilities in Apple Valley. Lack expansion space and a desire to consolidate county of- fices are reasons for the move, , . ,1 Knn Harrington, program Thursday, Feb. 25,1971 THE MINNEAPOLIS STAR * city's right to li gas stati : s u p h eh ., By GWENYTH JONES Minneapolis Star Staff Writer A city council may deny a permit for a gasoline station on the grounds that the result would be "too many filling stations" in an area, Hennepin County District Court Judge Stanley D. Kane ruled today. It apparently is the first time a court has upheld the denial of a special use permit on that basis. In a decision expected to go to the Minnesota Su- preme Court, Kane upheld the Brooklyn Park City Council in refusing the permit to Minnesota 500 Inc., a cut-rate gas compa- ny. The companyargued that the council must is- sue the permit as long as the applicant complied with city ordnances about set -back, building require- ments and the like. Kane said that to accept this argument would be to deprive the council of all discretion and that discre- tion is the purpose of the special use permit device. He noted that the evi- dence was that there were already eight filling stations on Brooklyn Park's "Main Street," Os- seo Road from Zane Av. southeast to the city lim- its. Six of them are within one two -block area, and many of them are closed, the evidence showed. Kane commented that Minneapolis is "p o c k- marked" with filling sta- tions which "stand closed and ugly or devoted to some other use for which their single purpose makes then ill adapted." He said it was not arbi- trary or unreasonable of the Brooklyn Park City Council, in a justifiable concern for the city's fu- ture, to want to avoid such a situation. It was reasonable he said, for the Council to "r eject the proposition that its main street, its Fifth Avenue and Nicollet Mall rolled into one, should become another East Lake Street . The city may be permitted to be as allergic to a horri- ble example as it is recep- tive to what it conceives of as sound planning for its future." Kane said there has been confusion in the Min- nesota law about zoning for service stations, be- cause of apparent contra- diction between two im- portant decisions of the Minnesota Supreme Court. Court. Minnesota 500 argued that under those cases, the City Council could not deny the permit unless it specifically found that the service station would be a nuisance. However, Kane said, the most recent filling station zoning case, handed down by the Supreme Court in 1969, made it clear that this was not the law. He quoted that decision as saying the special use per- mit is a tool "designed not merely for nuisance con- trol, but to provide munic- ipalities with broad lati- tude to meet the changing problems of land -use con- trol." )f- hi: Water/sh:c 3r district's -- r ed of plan upheld n- he Dakota County Dist r i c t n- Judge John M. Fitzgerald to- day upheld the power of the Lower Minnesota River We- e- tershed District to establish zl- zoning regulations in the riv- - er flood plain. °S The district's authority was challenged in a suit brought Sby Burnsville and Eagan Township. The two munici- on pa l i ties argued that they alone have the authority to alf control construction within BMtheir territorial boundaries. re. However, Judge Fitzgerald ;ed ruled, the Minnesota Wa- ne. tershed Act specifically au- 1y thorizes districts to regulate ;ed building of flood plains. ' in said there is no doubt the regulations adopte xb_ the district are reasonab. ur Judge Fitzgerald noted tnat rt- the Minnesota Supreme Court lid had upheld the constitutional- es- ity of the watershed act in e11, an earlier case involving the or Lower Minnesota River Wa- ne. tershed District. The zoning regulations 11 were adopted July 31, 1968, after the commission had - - held public hearings. 1 Raymond A. Haik, attorney for the watershed district, said the regulations are not intended to restrict develop ment, but to guide it in ore di nrevent causing additir problems. '414/9100 1- Com. • Sews St] • Sews Zi • Comple / 5, I99G Iv: C ven Legislation allows MVTA cities to collect transit tax By Amy Eriksen Staff Writer Homeowners in communities served by the Minnesota Valley Transit Authority (MVTA) may notice something a little different about their tax notices this fall. -- Set to be placed in the mail Nov. 12 through Nov. 25, Truth in Taxation statements will include a new line item for the transit tax. That additional category reflects recent legislation that allows cities, rather than the Metropoli- tan Council, to collect taxes for transportation services in their areas. Among the communities af- fected are those served by the MVTA, which include Apple Val- ley, Burnsville, Eagan, Savage, Rosemount and Prior Lake. The action, which is a part of the omnibus transportation bill passed last spring, gives local transit agencies, including MVTA, more control over their spending dollars. Previously, transit taxes were collected by the Met Council. MVTA and other "opt -out" trans- portation agencies then had to re- quest dollars for expenses, subject to the Met Council's approval. Under that process, the tax was lumped in with other metro special taxing districts listed on the Truth in Taxation state- ments. Because the figure was rolled in with taxes for mosquito control and the regional bus sys- TAX: To Page 7A f(d That fits . . Caecce College Information Ni, Tuesday, November 19 - Begins at 6: We will help you put together the important pieces of your career p • Visit with Instructors and Staff • Get details about: Admissions, Career Assessment, Financial Aid, and Placement - Free child care available - ta ty Technical Col ege Ca11 To Register Today! (612) 01 1-800-548-5502(MN) Equal opportunity educator/mployer A/ov.13, tci6 �+Cu„4,,t Tax: Some cities may choose not to shift system of collection From Page 1A tent, residents in opt -out cities could not easily determine how much they paid for the transit service in their communities. Under the new system, cities may choose to act as the collecting agency for the transit tax, and the entire amount will go directly to the MVTA. The MVTA will then return 12 percent of the transit tax collected locally to the Met Council for regional transit services, said MVTA Assistant Administrator Audrey Swartz. Concerned that the shift in the transit tax from the Metropolitan Council would be misinterpreted as a new or increased city tax, officials from the municipalities asked the Department of Revenue that a separate line be added to the tax state- ments to reflect the shift. In addition to the line for transit tax, to be included under the city tax, Dakota Coun- ty Taxation Specialist Amy Koethe said the following explanation will be shown on the Truth in Taxation forms: "The city's pro- posed tax for 1997 includes an amount for transit services under a local levy option.... The proposed tax of the Metropolitan Coun- cil for 1997 ... has been decreased by a simi- lar amount as a result of this option." Savage Finance Director Ron Hedberg said the statement should be easy to read for residents, as long as they remember that it is merely a shift from one taxing authority to another. A benefit to the shift is that people will see exactly how much they are paying for the bus service, whether or not they use it, Hedberg said. He added that he expects the shift will spur discussion about bus service in the opt -out communities. Because it is a voluntary shift, some com- munities may choose not to collect the local transit tax — instead preferring the system to remain as it has been in the past. Rose- mount residents, for instance, will not see the new line item on their tax statement be- cause the Met Council will continue collect- ing the transit tax for that community. "Ultimately the reason (Rosemount de- cided not to participate in the shift) was that the transportation issue is a regional issue," said Jeffrey May, finance director for Rose- mount. "If it's on our portion of property tax, it would hold us accountable." May added that although the Truth in Taxation statement will show the sepa- ration, other records may not be as clear, and result in artificially inflating the city's taxes. "We just felt we weren't ready to deal with a bunch of angry taxpayers com- plaining about something that we had no control over," May said. Will Branning, Apple Valley's mayor and MVTA board member, doesn't expect many problems with the shift and is com- fortable with the way it will be spelled out on the Truth in Taxation statements. "There really can't be too much confu- sion over it," Branning said. "It's a great opportunity for the constituents to ac- count for their own taxes and the MVTA to be responsible for their own dollars." Each taxing district will have public hearings for residents to comment on the figures shown on their statements. Hed- berg said he will spend a considerable amount of time at the Savage hearing ex- plaining the shift and the MVTA tax. AVERAGE COST TO COMPLETE A $ IO,000 DoniFC'T: $I5 000. custnct. The advantage of this option is a greater balance between school populations: Friendly Hills (765) and Heritage (739). The racial balance is almost equal: Heritage Middle School would have 17 percent mi- nority population and Friendly Hills would have 15 percent, said Lois Rockney, assis- tant superintendent. Option 3 Rather than split students who have at- tended school together from kindergarten through fourth grade, a third option is to change the elementary school boundaries, so that entire schools would advance to the same middle school. The most likely split would be to send students from Pilot Knob and Mendota elementary schools to Friend- ly Hills Middle School. Somerset, Garlough and Moreland students would attend Her- itage Middle School. However, district officials found that if that were done, there would be a greater en- rollment imbalance in the elementary Some students who nae the bus may also find that they will become walkers next fall. The district also is proposing an increase in the radius around a school before middle school students are allowed to ride the bus. State funds for busing are provided on a per pupil basis for all students outside a one mile radius. District 197 subsidizes trz ns- portation funding so that younger students within one mile can ride the bus. According to next year's plan, 132 stu- dents at Friendly Hills would become walk: ers compared to 369 Heritage students. Bus- ing would be provided to kindergarten stu- dents beyond a half -mile radius; students in grades 1-4 who live outside a three -fourths mile radius; and for middle and senior high students beyond the one -mile mark. These new busing boundaries raise new concerns about fifth- and sixth -grade students east of Robert Street who would fall within walking distance to Heritage Middle School during morning rush hour. To create further efficiency and savings in the transportation budget, the district is proposing a policy that would require stu- Comrnerc1T1 and Industrial buildings Sotuce: City of Eagan $226 per acre $1,820 per acre Star Tribune graphic ;swans state population, and they will continue to grow faster than narried and own their homes, according to The 1995 Survey it number live In poverty. And seniors have strong views nior )n, by age '5.74 10% Most seniors are women, married, own their housing Women J63% Married Employed --; i 16% Live alone J62% •134% Alone and poor Own housing ..,..»..�..� ._._�,«»,_185% ley say . . are care premiums for ... about Social Security 75% Agree Social Security benefits should be Medicare benefits. 37% teased more, 24% :are deductibles, Say Social Security 53% cost -of -living Increases should be reduced. 20% tedlcare services be 56% Would allow working people under age 70 is test" to receive to keep full Social 60% Security benefits. 65% urvoy of 805 people age 60 and older, Aug. 30,1995, to Jan. 25, illy nt MinnCsote, The $80.000 study was comrnlssloned by tho pr,g and tlx: Mitropolltan Aroa Agency on Agin&, The rnergIn of Star Yiint rc rs. ;fir yj .!r ;oFriediilann FEES from B1 .Ruling in Eagan case casts doubt on future of impact fees In 1996, the fee gent:voted $435,000 for the city of Fagan, and Ibc Court ruling requires the city to refund all money col- lected during the past six years an amount city officials esti- mate to be nearly $3 million, `Extremely controversial' As Ialgan rushes to the Legis- lature In pry to get a law passed that would glve it the itnpact•fee ttuil►brity, the Cityy can expect to face a not -so -friendly cnvi• ronnlent. "The fear that an impact feu would be a tax ... still is a fear," said Joel Jamnik, a League of Minnesota Cities lobbyist al the 1.egislatule. Itep• loc ()pair., DI'I.•SI. Cloud, who has called for state- wide planning to help control unrestrained growth on the fringes of the 'Iwvin Cities, said he recently dropped a proposal fnr impact lees aflcf it became "extremely controversial." The current legislative recep- tiveness to Impact fees, he said, really isn't good. Sen. Leonard ['rice, 1)11.- Wcx>dbury, said hls proposal dirge years ago for n school im- pact fee, allowing cities and school districts to impose a fee on new homes to pay for the Yost of buying land for new schools, also fell Bat, Price said the measure was 6123413703 Arizona and West Virginia, the report stated. Questions of fairness Met Council officials said they have not determined whether they will lobby for impact -fee legislation in Minnesota. One major drawback, pArlit:- ularly with read connection ft:es, is that it's difficult to deter- mine who benefits from a new road that serves a wide area, they said. "If you can make anything feel fair in ibis stoic, and explain it, you can shake it salable," said Chuck 13atten(ine, a Met Council community development official. "We have a lot of interest fin itj." In l agan's case, attorney 'Pony Gloekel said developers were frustrated that the city had steadily increased the road con- nection fee — from $75 for a single-family Iimne in 1978 to $110 thls year. "One of the big reasons (for the lawsuit! is the amount got 10 be a lot higher," said Gleckel, who represented a group of home builders in the case be- fore the state Supreme Court. The court's ruling, filed March (3, also In effect ended the practice of collecting road connection fees In three other (,,owing suburbs, Apple Valley, Prior I.ake and Savage. 04n o lrulr7 t.a �_2 �? W �i d' f # 1 2 if Older Minneso- ) 882.6262 or allable from the iity Av. W., 4300, it picked up in hune,com. olturtecr work for and 51 percent pro- rttividuals. On aver - Incas give 14 hours ganizalions or non- inction s are able to care for lthough 31 percent t heavy housework. in 10 has difficulty one daily activity: grocery shopping, irk, personal care or te, Most who need I►I►ing receive it, but df who need other ;et it. n, 97 percent say need help using gal provide special .tse they are vulner- and fraud, although :in said they had ling with businesses s year. 'bout programs ave strong views slent programs such rity and Medicare, "X think the report shores two pictures of older people. One is very active, helping their kids, owning their houses, with additional sources of income and aware of services. But the flip side — maybe 10 percent — is frail, needs help to stay i:z their homes, lines near or below the poverty level and lacks the support system to help them." — Andrea Skolkln, president of the Metropolitan Area Agency on Aging. Only 23 percent arc willing to accept reduced benefits In favor of children, but 59 percent would pay higher taxes to ensure health services for law -income seniors. Three -fourths said they are willing to pay higher Medicare premiums, and 53 percent would pay higher deductibles and co - payments. fifty-six percent would be willing to require that Medicare he delivered by IiMOs, and 60 percent are willing to limit Medicare benefits to lower -in- come seniors. But they're not willing to re- strict Social Security benefits: 20 percent say the annual cost -of - living increase should be re- duced, and 24 percent say bene- fits should be taxed more. r... Jr r• an erase salt] the measure was an attempt to address growth in suburbs such as Woodbury, where the city, county and school district could not keep pace with the demand for roads, sewers and schools. When he tried to resin feet the idea two years ago, Inc said, the proposal was defeated soundly in a house committee, "It was just overwhelmingly beaten up," Price said. "The de- velopers came In and (blasted! it." The Metropolitan Council, in a February report titled "Paying for New Growth," said impact fees can be a useful tool because they 'pay for new infrastructure by placing rusts on the users developers, They are often seen as milking development 'pay its own Way, ' The drawback, the. report concluded, is that impart fees are not a legal option for many. local governments. Road impact fees arc allowed in 13 states, ranging front New I latllpshirc to New Mexico, and school impact fens are permit • led in seven stales, including In Prior • Lake, new single- family homes were paying a $4(►0 "collector street charge.' "Every city administers it a little differently," said Frank Boyles, Prior Lake's city manag- er. Bayles, who declined to comment on the court's ruling, said the city would abide by it, 1n its ruling, the court said that Eagan's toad connection charge "cannot find validity un- der the city's power of taxation." In addition, the court said it was "signilicant" that the reve- nues collected from the fee "are not earmarked in any way to fund projects necessitated by new development, but instead fund all major street construction, as well as repairs of existing streets," For now, the ruling leaves fast-growing cities looking for alternatives. "You're trying to finance growth without placing a burden ton existing( residents," said Jim Willis, the city administrator hi Inver Grove Heights. "It's tough to go back and ask those sane taxpayers ... to finance the next development coming in." U/a on La0erIs Oreatn! It HURRY FOR REST SEL CTION rrOtw,9 '97 SUBARU AWD OUTBACK "The Worlds First Sport Utility Wagon' • 5 Spa • Air Coead • AD Wheel DM • Dual Alf Daps • Mtl-Las Bralws • Pmrer WBidowSllodL'I�nPrs • pyrCQ t{pp} • B' ! •;"t trot i Clcmanca • Cn leXI • I atpet WbruLt • Ton.t,e Pain MSRP Mall Buy For tooso For $24 362 '21999 $2781o. • trrt /ir,I/r"goAWD LEGACY WAGON( *'k• • Air Conditioning • AII•Whoot Driva • Dual Air Bags • 80 Walt Ctrssetlo • Rooi Rack • !:;,441Art.Anti-Luck Brakes • Powor WAN rromr MSRP Rotal Buy For Loaso For $21,826 $19,784 $2551• 1. �/��,'• '97 IMPREZA AWD ti 3 ak15 —G1-J'7, : 27AM P 02 ##12 FRIDAY, MARCH 7.1997 Briefs > Universal International Inc., New Hope, said that it is in technical default of several provisions of its loan agreement with BankAmerica Business Credit Inc. Among the provisions that Universal is in default on are fail- ure to meet a minimum net worth covenant as of Dec. 31, 1996, and corn tinting through the cur - ,cent date. and a require- ' event to obtain a cam- - initment letter from an- ' "other lender for ref inane- ' -ing of the current loan agreement on or before Feb. 28. As a result of the `technical defauits, Bank- ` America has elected to reduce the credit line "from 516 million to 512.5 -million and increase the interest rate on the loan from prime plus 11 per- cent to prime plus 31 - percent. The loan agree- - mt with BankAmerica ires March 31 and is to monthly re - newels unless terminated by the company . or lender. > Fourth shift Corp., Bloomington. said it ex- pects to report an oper- ating loss for the first quarter ended March 31 • because o f slower reve- : nue growth in Asia and 1�lorthAmerica. Lakehead Pipe Line Partners LP., Duluth, TODAY'S BUSINESS BRIEFING REGIONAT State Supreme Court rules Eagan cannot impose road connection fees Justices uphold Appeals Court decision; case may limit ch ges by other cities; Eagan will try to get Legislature to allow fees By Susan E. Peterson decision that the city does not from the House bill And are ex - Star Tribune Staff Writer have the authority to impose the pected to be droppe from the road connection fees, but it Senate bill as well. he said in a decision that could have hasn't been determined that the Eagan has been charging road far-reaching effects on the kinds city of Eagan will have to pay connection fees as a condition of of development fees cities can anything,' he said. obtaining a building permit for impose. the Minnesota Supreme Hedges said the city will stop new construction since 1978; the Court Thursday upheld an Ap- charging the fee immediately. but amount has risen from 575 origi- peals Court ruling that a 'road will ask the state Legislature for natty to S410 in 1994, when the unit connection charge' being the authority to resume the fees Country Joe suit was filed. The collected by the city of Eagan as a fair method of paying for Supreme Court said that while essentially is an illegal tax needed road improvements for fees designed to cover costs such The Supreme Court decision new developments. as permit a dministration and means that Eagan probably will However, the Legislature has building inspections are legal, have to refund about nine years' been less than enthusiastic about those that are designed to raise worth of the fees, which could allowing cities to charge such so- revenues are in fact unauthorized amount to about 52 million plus called "impact fees,' said Joel taxes. interest. said Gerry Duffy, a Min- Jamnik. an attorney with the Tony Gleekel, another attorney neapalis attorney representing League of Minnesota Cities_ 'The representing Country Joe and the developer Country Joe Inc. and current system in effect has exist- other plaintiffs, said 'Thursday's other plaintiffs. ing taxpayers subsidizing new de- ruling also should apply to at `The case will be seat back to velop meat, but it's been very dif- least three other cities charging Dakota County District Court to ficult to get the Legislature to similar fees — Apple Valley, Sav- certify the dass and determine agree -that we should have impact age and Priflr Lake. Officials from the amounts' to be repaid, he fees,' he said those communities could not be said. Provisions that would have es- reached for comment late However, Eagan City Adminis- tablished cities' rights to charge Thursday- trator Tom Hedges said the guns- such fees were included in bills tion of refunds is yet to be decid- before the House and Senate this ed. 'We're disappointed by the session, but have been stripped Medicare fraud lawsuit clears pretrial hurdle A federal judge has removed a significant hurdle in a 5280 mil- lion Medicare fraud lawsuit ber 1994. It was unsealed in May the False Claims Act 1996 when the U.S. government Montgomery ruled that the as - authorized MANA to bring the sociation based its complaint on __ ._ .� �,.►..iF ita nwn knowledge and not on MERG Cai to -out contint that th combo be belo world e Hes rnergeI fect his becaus invesu applies netahil `I di ter in bekeve stings Hea contin public can m throng nershi said M OWN Su ch 0 viewe past. since Feb_ 2 It f of its mate did es rates. thiT MAR— 1 4— 9 7 FIR I 8 2 6- 20 C WALL A C E G R O U P P_ E3 2 SAINT PAUL PIQN1;CR PRESS r rtIDAY. MAIM( 14, 1997 ST. PAUL T Man sentenced for plotting --- to kill murder case witness tint' tor R4 1y Wag .SXOA"v torth4 t ato VI° scab inert t a how. I, I'm► 1 ,cease aapleal tor • lades. v to trY U Seto other tit 90 obi Ittamsay n Natioe uradal h vatac SI „Ica to trial b tatty 0"d )tck, Ids 1 1am11y AlUtoad chamber and cite trY to a so icd Iwo origin ptMl 0 On lb the unlit ity• A Wel ' one pu ce et • c R-96 Lee Venter Williams, accused of helping his brother plot a murder Iraq year, was sentenced on Thum day by Ramsey County blvlrlrt Court Kathleen Gearin to two yearn and five monks In prism. The Incident allegedly occurred in Augtest, while Diboll Neal WIl• Ilams was awaiting trial for the murder of his ex -girlfriend's grandmother. Tito former girl- friend, Shelly Catupeau, wa,9 the star prosecution witness In the tri- al. Authorities accuse the 'brothers ut plotting unsuceestfully — to kill Campeau to prevent her from testifying In court, Slncc then, a jury tumid liducrt Williams guilty of murder, and he was seUtoucod by Gamin to life 1n prts0a. Ilia trial on the plot to kill Campeau U pending. Leo Williatiet, 27, most servo about n year and seven !moths In l''omen More he is eligible for re- ease. Ile will also native credit for the 200 days he has been In jail. moRER PRI a2-1111 SPRING GET AN EXTRA 1 O°lo OFF IN STOCK a SPECIAL ORDERS • SINGLE ITEMS • SETS REPLACEMENT CUSHIONS AND SLINGS ' STOREWIIDE PRE -SEASON SALE ' ON. PATIO FURNITURE FREE 2100 4r 9200 travel certificate with qualified Homacroot purchase �•t�, Y theWhiteWOIf i,, es. Pnu17310.144D 9urnavlfl 094.0424 Nupkhlo 933.1047 Fridley 571.81300 b�nlc's A Mtlst 1)1),L0v4s01_ huJ� tl �t?t i4f�4.4! Now On Sale! A recent insurance claim MAJOR APPLIANCES Replacing or remodeling? Check this oust! • lain{ & hlrcirk Ran e • L)nwn Deis (;talking Unit e Microwave ()vl nt/ 11 ',tout ,•, It-4 u, aI.- t t SUBURBS 7 Eagan road fees ruled illegal; payback could be in millions Ili Other Minnesota cities In same boat DON AHFRN ilAir mono The lees 'Sagan charges for Wang roads in new housing de- velopments are illegal, the Minne- sota Supreme Court said recently, and the city may have to pay back more than 23 million it has col- lected. Pile ices Are used to !inane* atrette that connect housing devel- opments to the rest of the clly's street system, No houses affront the connecUng roads so there is no way to imam them, city officials say. The ruling sends a warning to other Minnesota rifles that have similar ken Appin v011ey, Prior Lake and Savage have been named In companion sults that were delayed during the appeals process. Many other cities that weren't involved in the cult also assess comparable Ices. Eagan has stopped charging the fee that was eo Inched as part of the building permit. But it Is also ankleg Ihr Legislature Lo make such fees Lcl:tl, LOTTERY RESULTS V MULTI -STATE ■ POWEllitJAU. Wodnorday: I, 17, 77, 30, 37 Poworbaar 11 Jhaknel, 175.7 m111on. Whom No I0:kal nta...boa alx rlutnUora, Not Drawing: Saturday. Jackpot: 131 mama, Poet rrva drewhrgt (Poworban In botd) Moen Si 12 71 3t 3C 22 Morel+ 6 71 79 31 32 43 26 M:vch 1 7 10 72 34 41 12 Fee. 70 4 0 9 II 44 5 t'ob, 21 l l 36 37 30 40 37 • DAILY MILUONS Rod Whlt4 aloe 1ltursdny 5 12 13 19 5 10 Wodnnrduy 17 71 I I 19 3 15 TuosJey 1n I 4 n 11 12 Mandy 7 16 2 12 7 III Sunduy 10 11 4 11 2 4 • MINNESOTA ' GOPHER 5 Tueedey: 9. 15, 30, 32. 36 Jackpot: $ 100,000. shown No ackol mulatto(' ova num- bare. Next drawled, radAy. lockpot: $110,000. Peet Ihs drawing,,: March 7 t 24 32 37 36 March 4 l 0 7 28 31 r nit. 711 .I 17 .10 31 37 Fab,25 !1 10 22 32 :W Fab.21 7 70 36 37 39 ' DAILY 3 y11ur"day: 7, 0. Wodneodnr: 6. 7. ti Tuoaday, 0, 4, 1 Monday; 0, 0, 0 89114ey: lt, 5. 1 WISCONSIN or MEGABUCKS Wotb,osrlay: !i, IA, 1r•. 14, 26. :10 facllpot S10 4 nallu,n. Winner: No 1kko1 matched Obi oumbore. Nar,r nrrhving: Saturday. luekpot: 810.7 rnllllan. Post non drawlnrsr W l) P In 17 In 74 1n An 612.'3413703 03 A Dakota County District Court Will determine w►ether a payback . is due, and If so, who Beta the money. The high court ruled only on the legality of ate fee and re- turned those Issues to a lower court to decide. "Wo need a court to define who should get those dollars . , , the original landowner, the 'developer, or the first person to buy that new home." snid Jerry Duffy, lead at- torney for a group of land devcl• opera Who filed the suit about three years ago, But the answer to that question may be complex, he added. "Clearly you should get the money 1f you went out and bought a vacant lot and paid for the build- ing permit to build your own honta," he sold. "But the more dif• flcult lasuo Is where you bought a home from Centex homes or Country Joe (developers). They wanted $180,000 for the home, and in that Is a 5500 Illegal Inc. Who actually paid 1t? The builder who drew lite building permit, or did he pass It on to the home buyer? That will be one of the sticking points tin the district court cased." The amount of money collected is also undetermined at this point, Duffy said. Ile claims that all the fees charged for the inst nine years ahould be returned, includ- ing six years bcforo the case was filed and the three years since. Further complicating the issue, fees vary dcpendlug an the kind of property and the No hove in - creosol several tunes. The most recent amounts were 2440 per res- tdenee except apartments apart- mtnla were 6352 per unit, and non-rtsldentlal property was charged 11,320 per acre. CIEy officials, who will have to figure out how to replace and maybe return that revenue, re- moved tint ruling glumly, "I was disnppolnted by that de- cision" sald Mayor Tom Egnn. "I thought the dlstrlct court ruled fairly In their Analysis. (A district court ruling In favor of the city was overturned by the Minnesota Court of Aplx•als, which to turn vas affirmed by the Supreme Court.) Until this case was filed "the developers eXpteSSed no objection of any tort to this policy alma) 1978" when the city eoancll im- posed the fee, Egan said, "We kit It was a very visionary step that woe takcb by earlier councils and staff to try to come up with a rcasoaablo flnallclal tool 10 fi- nance the cost of street construc- tion." City Administrator Tom (ledges Added, "We always thought we hod that authority through Implied powers, but the Suprema Court sdld no, So we should gel it (from the Legislature). Other stales have granted It." 1 I ,r N.11. Soy F•or worm 1p 14-97 09:46AM P0O2 #12 ster Williams, accused of is brother plot a murder was sentenced on 'l'hurs- 7anisey County District athlcen Gearin to two five months in prison, Went allegedly occurred while Edbcrt Neal Wit- s awaiting trial for the of his ex -girlfriend's :her. The former girl- ielly Campeau, was the cutlon witness in the lri- 11 A R — 1 4— 9 7 F R I S 2 7 W A L • •Yu uyyMJy tllla .y, V�tlCl j of plotting — unsuccessfully — to kill Campeau to prevent her from testifying in court. Since then, a jury found Edbcrt Williams guilty of murder, and he was sentenced by Gearin to life In prison. His trial on the plot to kill Campeau is pending. Lee Williams, 27, must serve about a year and seven months In prison before he is eligible for re- lease. He will also receive credit for the 200 days he has been in jail. IONEE KMItI S CLASSWWfPf 222-1111 AN EXTRA 1 O% OFF :11< & SPECIAL ORDERS • SINGLE ITEMS ■ SETS REPLACEMENT CUSHIONS AND SLINGS .WIDE PRE -SEASON SALE ATIO FURNITURE FREE $200 travel certificate with d Hornocrcot purchaao a ueWlideWoM St. Paul 739.1440 Burnsville 894-13424 Hopkins S33-1047 Fridley 571.6850 111•11111111141MIw boiiks ,& vik.1,71L1.isual Si'1crppinz Ezwienc•ctr Now On Sale! A recent insurance ciairn I I I �,re�rCT R=9�7% L A C E G R d U P cities hi same boat DON AHERN dart Wr1ITER The fees Eagan charges for linking roads In new housing de- velopments are illegal, the Minne- sota Supreme Court said recently, and the city may have to pay back more than $3 million it has col- lected. The fees are used to finance streets that connect housing devel- opments to the rest of the city's street system. No houses affront the connecting roads so there is no way to assess them, city officials say, The ruling sends a warning to other Minnesota cities that have similar fees. Apple Valley, Prior Lake and Savage have been named in companion suits that were delayed during the appeals process. Many other cities that weren't involved in the suit also assess comparable fees. Eagan has stopped charging the fee that was collected as part of the building permit. But it is also asking the Legislature to make such fees legal. LOTTERY RESULTS • MULTI -STATE POWERBAU. Wednesday: 1, 17. 22, 30, 37 Powerhnll:11 Jackpot: $25,7 million, Winner: No ticket matched six numbers. Next Drawing: Saturday. Jackpot: $31 million. Past five drawings: (Powerbali In bold) March 8 9 12 21 31 36 22 March 5 21 29 31 32 43 28 March 1 7 10 22 34 41 12 Feb.26 4 8 9 11 44 6 Feb, 22 17 35 17 38 40 37 a DAILY MILLIONS Red White Thursday 5 12 13 19 WednoSday 12 21 11 19 Tuesday 16 17 4 6 Monday 2 15 2 12 Surtday 10 11 4 11 Blue 5 10 3 15 11 12 7 19 2 4 MINNESOTA r1GOPHER 5 Tuesday: 9, 15, 30, 32. 36 Jackpot: $100,000. Winner; No ticket matched clue num. hers. Next drawing: Today, Jackpot: $1 10,000. Past five drawings: March 7 1 24 32 37 38 March 4 1 6 7 78 31 Fob, 28 3 17 30 31 32 Feb.75 5 19 "'2 :47 18 reb.21 7 20 :45 37 49 la DAILY 3 Thursday: 2, 0, 7 Wednooday: 6, 2, 6 Tuesday; 6, 4, 1 1' 3413703 _ P - 0 3 will determine whether a�payback is due, and if so, who gets the money. The high court ruled only on the legality of the fee and re- turned those issues to a lower court to decide. "We need a court to define who should get those dollars ... the original landowner, the developer, or the first person to buy that new home," said Jerry Duffy, lead at- torney for a group of land devel- opers Who filed the suit about three years ago. But the answer to that question may be complex, he added, "Clearly you should get the money if you went out and bought a vacant lot and paid for the build- ing permit to build your own home," he said. "But the more dif- ficult Issue Is where you bought a home from Centex Homes or Country Joe (developers). They wanted $180,000 for the home, and in that is a $500 illegal tax. Who actually paid it? The builder who drew the building permit, or did he pass it on to the hone buyer? That will be one of the sticking points (in the district court case)," The amount of money collected is also undetermined at this point, Duffy said. He claims that all the fees charged for the last nine years should be returned, includ- ing six years before the case was filed and the three years since. Further complicating the issue, fees vary depending on the kind of property and the fees have in- creased several limes. The most recent amounts were $440 per res- idence except apartments; apart- ments were ;352 per unit, and non-residential property was charged $1,320 per acre. City officials, who will have to figure out how to replace and maybe return that revenue, re- ceived the ruling glumly. "I was disappointed by that de- cision," said Mayor Tom Egan. "I thought the district court ruled fairly in their analysis. (A district court ruling In favor of the city was overturned by the Minnesota Court of Appeals, which in turn Court.) was affirmed by the Supreme Until this case was filed "the developers expressed no objection of any sort to this policy since 1978" when the city council im- posed the fee, Egan said, "We felt it was a very visionary step that was taken by earlier councils and staff to try to come up with a reasonable financial tool to fi- nance the cost of street ponstruc- tion." City Administrator Tom Hedges added, "We always thought we had that authority through Implied powers, but the Supreme Court said no. So we should get it (fromm � the e TaaLl l'oCP'4 6 t trQFI 3 14 1 2 By Sue Hegarty Staff Writer After losing two battles in court, Eagan is turning to the Minnesota Legis- lature for the right to charge developers a fee for new roads. The request comes in the wake of a March 6 state Supreme Court ruling that the city's current road unit connection fee is not "authorized by law." At stake is $3 million in road con- struction fees the city collected from builders during the past 20 years. -Inotiervi 1996 ol. 2.1,14o. 1 Supreme Court: Road connection fees illegal Eagan turns to state Legislature for help In February 1978 the City Council ap- proved a road unit connection charge. Builders were required to pay the fee when obtaining building permits within the city. The revenue provided funds for major city street construction at a time when an anticipated $1.1 million short- fall in major street construction costs was projected by the year 2000. The city's con- sulting engineers proposed the fee, pat- terned after the water and sewer connec- tion charges already authorized by law. But in 1994, lead plaintiff Joe Miller and several other builders filed a lawsuit alleging the fee was illegal. Due to the statute of limitations, the builders could only sue for a six -year period. They seek a refund of all charges collected by the city within those six years. They also asked that the case be filed as a class ac- tion lawsuit because several other cities have similar fees imposed on builders. A suit against the city of Apple Valley has been put on hold pending the outcome of the Eagan case. Earlier, a Dakota County District Court judge ruled that Eagan was enti- tled to charge road unit fees as a condi- tion when issuing building permits._ Eagan won the first battle but lost the next two. An Appeals Court overturned the lower court decision, followed by the Supreme Court. FEES: To Page 1SA Fees: District court to decide if case will become class action suit From Page lA Now a Dakota County District Court must decide if it will become a class ac- tion lawsuit and if a settlement is due, then who should receive the money. The city argued that the developers may have recuperated the fee by passing it on to their clients, Eagan homeowners. But city officials say the war over road unit fees isn't over. As the deadline draws near, city offi- cials are working feverishly with legisla- tors to introduce a bill this session au- thorizing such fees. They also want the Legislature to remove any financial obligation for the city regarding previous collection of road unit fees. "If anyone is to receive a refund, it should be the original home purchasers who actually paid the charges," said City Administrator Tom Hedges. A spokesperson for Sen. Deanna Wiener, DFL-38, said Wiener is willing to introduce such a bill if the two parties, the city of Eagan and the developers, can agree upon the language. Rep. Tim Paw- lenty,11,-38B, has been asked to introduce it in the House. "Given the time frames of the Legisla- ture, we've been moving expeditiously," said Mayor Tom Egan. Absent the fee, Eagan and other cities will be forced to consider other ways to pay for road construction. "Eagan has been a fast growing city and the connection fees were an equitable means of putting part of the costs for neces- sary roadway improvements on those pri- marily responsible for creating the need," said City Administrator'lbm Hedges. In its decision, the Supreme Court stat- ed that no direct correlation could be found between the revenue collected from builders and the specific road projects. Road unit fees were collected into a Major Street Fund account, along with other sources of road funds. Besides con- struction costs, other items are paid from the Major Street Fund, such as sealcoat- ing and the purchase of signal lights. "We believe there was a direct nexus between money collected and roads being serviced and used," said Egan. Fees increased as time went on from $75 to $410 for a single family residence. State Supreme Court deems city's road unit charges an illegal fax By BRENDA HAUGEN The Eagan City Council is taking its case to the Legis- lature regarding the state Supreme Court's ruling in a lawsuit involving road unit charges. According to City Admin- istrator Tom Hedges, the state Supreme Court ruled against the city in Country Joe versus the city of Eagan regarding the legal authority for road unit charges. The court, in its findings, indi- cated that statutory citie(' don't have the constitutions or legislative authority to use road unit charges, Hedges said. "It's the desire of the city to seek legislation that authorizes the establishment of a system of road connec- tion fees covering new de- velopment, a progressive and farsighted approach to transportation that served Eagan well for almost 20 (Sao Roach, p.8A) war Roads (Continued from front page) years," Hedges said. Eagan's road unit charges were challenged in court by a group of home builders who maintained the city lacked authority to impose. the charges. While the Disi. trict Court upheld the city's position that it has such authority, the Court of Ap- peals ruled in favor of the plaintiffs, which was upheld by the state Supreme Court. The court ruled that other charges such as park dedi- cation fees and sewer and water access charges are specifically permitted by statute, but road unit charges are not. At present, the issue has been sent back to District Court, Hedges said. The city is asking that previous road unit charges not be reim- bursed, he said. If the court rules that reimbursement is necessary, it will also have to decide who gets that money, Hedges said. According to Hedges, the modern roads made new de- velopments in Eagan more attractive and more salable, and the price of the road unit charges were generally passed along to the home buyer in the price of his/her house. "If anyone is to receive a refund, it should be the original home purchasers who actually paid the charges," Hedges said. "However, they would be difficult to track and they did benefit from the avail- ability of good roads." The city is asking the Leg- islature to give cdmmunities the authority }6 use road unit charges. ' "Eagan continues to be a growing community, and the need for highway financing mechanisms is a continuing reality," Hedges said. " W e believe the road connection fee is a fair and equitable method." And, as in the District Court issue, the Legislature is being asked to remove responsibility for the city to refund fees paid by contrac- tors in the past, Hedges said. "Eagan has been a fast growing city, and the con- nection fees were an equi- table means of putting part of the costs for necessary roadway improvements on those primarily responsible for creating the need," Hedges said. "No objection had been voiced by citizens or contractors before the current suit was filed, and contractors were among those who benefited the most." The need for road unit charges continues as Eagan continues to develop, Hedges said. Council Member Ted Wachter said it's ironic that under Minnesota Statute 412.251, municipalities have the authority to levy taxes for musical entertain- ment, band purposes and support of a municipal for- est. "But we can't take care of our roads," Wachter said. "No one can comprehend something like that." The city has contacted local legislators and will work to get a bill on the is- sue introduced in the House and Senate this session, Hedges said. 3/497 6501---0-; APR — ,ter Williams, accused of s brother plot a murder was sentenced onThurs. tamsey County District tthleen Gearin to two five months in prison. tdent allegedly occurred while Edbert Neal Wit - awaiting trial for the of his ex -girlfriend's her. The former girl- ;lly Campeau, was the ;utlon witness in the tri- 1 1— 9 7 FRI 8: 5 0 W A L L Authorities accuse the ,brothers of plotting — unsuccessfully — to kill Campeau to prevent her from testifying in court. Since then, a jury found Edbert Williams guilty of murder, and he was sentenced by Cearin to life in prison. His trial on the plot to kill Campeau Is pending. Lee Williams, 27, must Serve about a year and seven months in 1prison before he is eligible for re- ease. He will also receive credit far the 200 days he has been in jail. .ONE!RPRES,S CLAS51PIIb 222-1111 s PRIIVG AN EXTRA 1 O% OFF :K G SPECIAL ORDERS • SINGLE ITEMS * SETS REPLACEMENT CUSHIONS AND SLINGS 5,WIDE PRE -SEASON SALE. ATIO FURNITURE FREE `b200 trove) certificate with 1 Homocroat purchase ��ot �4 the h ltc WoIf K'Irn, Gt. Paul 739-1440 E3urnsvIlte 894-8424 Hankins 933-1047 Fridley 571-6850 bonks „�/f,S1ti�.�„1?.L1•c.`tAct(_,�hc,.lf��,�in�r 1=�x�>crierri�c Now On Sale! A recent insurance claim I I I R=95o l if i TCl�R A C E R O U P We; Minnesota cities in same boat DON AHERN StArf wrrirIR The fees Eagan charges for linking roads in new housing de. vclopments are Illegal, the Minne- sota Supreme Court said recently, and the city may bane to pay back more than $3 million it has col- lected. The fees are used to finance streets that connect housing devel- opments to the rest of the city's street system, No houses affront the connecting roads so there Is no way to assess them, city officials say, '1Yte ruling sonde a warning to other Minnesota cities that have similar fees. Apple Valley, Prior Lake and Savage have been named in companion suits that were delayed during the appeals process, Many other cities that weren't involved in the suit also assess Comparable fees, Eagan has stopped charging the fee that was collected as part of the building permit. But it Ls also asking the Legislature to make such fees legal. LOTTERY RESULTS MULTI -STATE ■ POW ERBALL Wodnesday: 1, 17, 22, 30, 37 Poworball: 11 Jackpot: $25.7 mlulon. Winner; No ticket matched six numbors. Next Drawlog: Saturday. Jackpot: $31 rnllllon. Past flea drawings: (Powerball in bold) March 8 9 12 21 31 36 22 March 5 21 29 31 32 43 28 March 1 7 10 22 34 41 12 Feb.26 4 8 9 11 44 6 Feb.22 17 35 37 38 40 37 is DAILY MILLIONS Red White Thursday 5 12 13 19 Wednesday 12 21 11 19 Tuesday 16 17 4 6 Monday 2 15 2 12 Suriday 10 11 4 11 MINNESOTA o GOPHER 5 Blue 5 10 3 15 11 12 7 19 2 4 Tuesday: 9. 15, 30, 32, 36 Jackpot; $100.000. Winner: No ticket matched rive hers. Noxt drawing: Today. Jackpot: $1 10,000, Past five drawings: March 7 1 24 32 37 March 4 1 6 7 28 Feb.28 3 17 30 31 Fob, 28 5 19 22 3? rob. 21 7 20 :in 37 I DAILY 3 Thursday: 2. 0, 7 Wednesday: 8, 2, 6 Tuesday: 6. 4, 1 6123413703 num- 38 31 328 19 _ 0 2 A Dakota County District Court will determine whether a payback . is due, and if so, who gets the money. The high court ruled only on the legality of the tee and re- turned those issues to a lower court to decide. "We need a court to define who should get those dollars .,, the original landowner, the devoloper, or the first person to buy that new home," said Jerry Duffy, lead at- torney for a group of land devel- opers Who filed the suit about throe years ago. But the answer to that question may be complex, he added, "Clearly you should get the money if you went out and bought a vacant lot and paid for the build- ing permit to build your owe home," he said. "But the more dif- ficult issue is where you bought a home from Centex Homes or Country Joe (developers), They wanted $180,000 for the home, and in that is a $500 Illegal tax, Who actually paid it? The builder who drew the building permit, or did he pass it on to the home buyer? That will be one of the sticking points (in the district court case)." The amount of money collected is also undetermined at this point, Duffy said. He claims that all the fees charged for the last nine years should be returned, includ- ing six years before the case was filed and the three years since. Further complicating the issue, ices vary depending on the kind of property and the fees have In- creased several times. The most recent amounts were $440 per res- idence except apartments; apart- ments were $352 per unit, and non-residential property was charged $1,320 per acre. City officials, who will have to figure out how to replace and maybe return that revenue, re- ceived the ruling glumly, "I was disappointed by that de- cision, " said Mayor Tom Egan, "1 thought the district court ruled fairly in their analysis. (A district court ruling In favor of the city was overturned by the Minnesota Court of Appeals, which In turn was affirmed by the Supreme Court,) Until this case was filed "the developers expressed no objection of any sort to this policy since 1978" when the city council Im- posed the fee, Egan said. "We felt it was a very visionary step that was taken by earlier councils and staff to try to come up with a reasonable financial tool to fi- nance the cost of street construc- tion?' City Administrator Tom )ledges added, "Wo always thought we had that authority through implied powers, but the Supreme Court said no. So we should get it (frorn the Legislature), Other states ho�eb 04-11-9 1 :I1 2 FRIDAY, MARCH 7.1997 TODAY'S BUSINESS BRIEFLW REGIONAL NEWS State Supreme Court rules Eagan cannot impose road connection fees Justices uphold Appeals Court decision; case may limit charges by other cities; Eagan will try to get Legislature to allow fees By Susan E Peterson decision that the city does not from the House bill and are ex - Star Tribune StaffWrifer have the authority to impose the petted to be dropped from the road connection fees, but it Senate bill as well, he said. In a decision that could have hasn't been determined that the Eagan has been charging road far-reaching effects on the kinds city of Eagan said. have to pay connectionnf ha as a condition rFof of development fees cities can any. new Court the day Supreme chargingHedgs said the city the a immediately,abutstoamountas risen from $75 Court Thursday upheld an origi- pealsAp- Court ruling that a -road will ask the state Legislature for Wally to 5430 in 1994, when the unit connection charge' being the authority to resume the fees Country Joe suit was filed. The collected by the city of Eagan as a fair metho-d of paying for Supreme Court said that while essentially is an illegal. needed road improvements for fees designed to cover costs such as t administration and The Supreme Court decision new developments.permit inspections are legal. and means that Eagan probably will However, the Legislature has building P are _ to raise have to efhed a about hire years' d been less to ch� e such so -tic revenues those are in fact unauthorized thorized worth of the fees, which could allowing g amount to about S2 million plus called "impact fees,' said Joel taxes. interest, said Gerry Duffy, a Min- Jamnik. an attorney with the Tony Gleekel. another attorney neapolis attorney representing League of Minnesota Cities. -The representing Country Joe and the developer Country Joe Inc. and current system in effect has exist- other plaintiffs, said Thursday's other plaintiffs. ingtaxpayers subsidizing new de- ruling also should apply to at 'The case will be sent back to velopment, but it's been if- least three fees other e cities chargSaving Dakota County District Court to ficult to get the Leg)to certify the class and determine agree that we should have impact those c e and Prior L en s ials nnotom the amounts' to be repaid, he fees,' he said. be - said. Provisions that would have es- reached for comment late However, Eagan City Adminis- tablished cities' rights to charge Thursday. trator Tom Hedges said the ques- such fees were included in bills Lion of refunds is yet to be decid- before the House and Senate this ed. 'We're disappointed by the session, but have been stripped TUESUAY, APRIL 1.1997 riulcng in Fagan case casts doubt on future of impact fees Impact fees to pay for suburb' growth face murky future By Mike Kaszuba Star Tribune Staff Writer For 20 years, every new home in Eagan was assessed a one-titne fee — most recently $440 — to help pay the cost of the new roads the city needed to accommodate its growth. Eagan had dubbed the charge a "road connec- tion fee," and officials saw it as an early attempt in Minnesota to impose an impact fee on suburban growth. Impact fees — which generally are aimed at having new development pay a special, upfront charge for the extra burden they place on a city's roads, sewers and water systems — long have been used in such fast-growing areas as Florida and California. Now, with the Minnesota Supreme Court having ruled last month that Eagan's road connection fee is illegal, the future of impact fees In Minnesota as a way to pay for suburban growth is in doubt. Eagan's road connection fee and other limited attempts to impose impact fees primarily on subur- ban growth have been fought by developers and real estate agents who see such fees as added taxes that drive up the cost of a home in a state where taxes are already high. That argument, in light of the state's large revenue surplus, has garnered support. • Turn to FEES on 82 for. — A closer look at the fees Eagan charges. — I egLlature Ls unreceptive to the practice. What Eagan charges 1..- in 1978, Eagan began charging a onetime "road connection fee" all new homes and commercial and industrial development bolt h ' city. Here is a look at how the fees increased over the years ►;;'"' Type of constructor' 1978 • 1997 double bungalows and towtihouses Multl-famN' - teskfential complex >jaFiatge per unit) Commercial and industrial bindings 'sourba (*Eagan , $352 $225 per acre $1,320 per acre ' Star "bum graphic FEES from BI � poi S7Gcr i'6u.1r? _— In 1996, the fee generated $435,000 for the city of Eagan, and the court's ruling requires the city to refund all money col- lected during the past six years — an amount city officials esti- mate to be nearly $3 million. 'Extremely controversial As Eagan rushes to the Legis- lature to try to get a law passed that would give it the impact -fee authority, the city can expect to face a not -so -friendly envi- ronment. "The fear that an impact fee would be a tax ... still is a fear," said Joel lamnik, a League of Minnesota Cities lobbyist at the Legislature. Rep. Joe Opatz, DFI.-St. Cloud, who has called for state- wide planning to help control unrestrained growth on the fringes of the Twin Cities, said he recently dropped a proposal for impact fees after it became "extremely controversial." The current legislative recep- tiveness to impact fees, he said, really isn't good. Sen. Leonard Price, DFI.- Woodbury, said his proposal three years ago for a school im- pact fee, allowing cities and school districts to impose a fee on new homes to pay for the cost of buying land for new schools, also fell flat. Price said the measure was an attempt to address growth in suburbs such as Woodbury, where the city, county and school district could not keep pace with the demand for toads, sewers and schools. When he tried to resurrect the idea two years ago, he said, the proposal was defeated soundly in a House committee. "It was just overwhelmingly beaten up," Price said. "The de- velopers came in and (blasted) it." The Metropolitan Council, in a February report titled "Paying for New Growth," said impact fees can be a useful tool because they "pay for new infrastructure by placing costs on the users — developers. They are often seen as making development 'pay its own way. 'The drawback, the report concluded, is that impact fees are not a legal option for many local governments. Road Impact fees are allowed In 13 states, ranging from New Ilampshire to New Mexico, and school impact fees are permit- ted in seven states, including Arizona and West Virginia, the report stated. Questions of fairness Met Council officials said they have not determined whether they will lobby for impact fee legislation in Minnesota. One major drawback, partic- ularly with road connection fees, is that it's difficult to deter- mine who benefits from a new road that serves a wide area, they said. "If you can make anything feel fair in this state, and explain it, you can make it salable," said Chuck Ballentine, a Met Council community development official. "We have a lot of interest lin it)." In Eagan's case, attorney Tony Gleekel said developers were frustrated that the city had steadily increased the road con- nection fee — from $75 for a single-family home in 1978 to $440 this year. "One of the big reasons (for the lawsuit) is the amount got to be a lot higher," said Gleekel, who represented a group of home builders in the case be- fore the state Supreme Court. The court's ruling, filed March 6, also in effect ended the practice of collecting road connection fees in three other growing suburbs, Apple Valley, Prior Lake and Savage. In Prior Lake, new single- family homes were paying a $400 "collector street charge. "Every city administers it a little differently," said Frank Boyles, Prior Luke's city manag- er. Boyles, who declined to comment on the court's ruling, said the city would abide by it. In its ruling, the court said that Eagan's road connection charge "cannot find validity un- der the city's power of taxation." In addition, the court said it was "significant" that the reve- nues collected from the fee "are not earmarked In any way to rind projects necessitated by new development, but instead fund all major street construction, as well as repairs of existing streets." For now, the ruling leaves fast-growing cities looking for alternatives. "You're trying to finance growth without placing a burden (on existing) residents," said Jlm Willis, the city administrator in Inver Grove Heights. "It's tough to go back and ask those same taxpayers ... to finance the next development coming in 1 hat s where t got my car mspecteu. i nai s wuci r I used to eat,' " said Mayor Mike Kolb, surveying the wreckage of his town of 10,000 people Sunday, a day after a devastating storm blasted through. One or more tornadoes killed six people in Arkadelphia and surrounding Clark County, offi- cials said, and damaged or destroyed 75 to 80 blocks in town. Elsewhere in Arkansas, 18 other people were killed as the violent storm system moved through Saturday. It seemed like "a year's worth of torna- does," Gov. Mike Huckabee said Sunday. Turn to STORMS on A10 for. — Fifteen deaths in four other states. Associated Press Janne Randall salvaged what she could Sunday from her family's home In Benton, Ark., after thunderstorms and tornadoes swept through the area Saturday. Twenty-four people were killed In Arkansas, and more than 200 were injured. Hundreds of homes, busi- nesses and other structures were destroyed or damaged along a 260-mile path. TODAY'S FOCUS: The sex offender next door All eyes are on Eagan, as the community notification law is implemented for the first time Thursday, when police will identify the sex offender moving into the area. The city hopes cool heads prevail. Law being put to test in Eagan By Anne O'Connor Star Tribune Staff Writer Some of the neighbors already know who the guy is. They've been talking among themselves, watching the cars that slow down on their block and waiting. Cops are on high alert and hope to keep a lid on tensions until Thursday. That evening, in the first test of the state's new sex -offender community notification law, Ea- gan police will hold a public meeting about the 19-year-old pan who's moving to the 4500 block of Slater Rd. when he gets out of prison this month. In 'his latest offense, Mandell Stamper was convicted of fon- 41ing a 14-year-old girl in Minne- apolis, said Eagan Police Chief Sti Pat Geagan. Stamper has been serving 21 months at St. Cloud prison. His offenses as a juvenile probably helped put him in Level 3, the most serious offender cate- gory. Geagan said he doesn't have details of Stamper's previous of- fenses yet. But he said Sunday that all of them involved some- one Stamper knew. Stamper will be moving in with his mother. At the meeting,. .police will divulge details of,his_.,crime and pass out his photograph. They plan to explain to people that he's not the first sex offender to live among them, but .he is the first in Minnesota to have such a public homecoming. Jason Lamberson, who lives on the block where Stamper -is mov- ing, said he found out he had a sex offender living next door once before. Although he never had any problems with the man, it made him uncomfortable. "I ran him out of the neigh- borhood," -Lamberson said. "I -probably shouldn't have done it, but I -used to say stuff out loud in the neighborhood about him." As the new law is intended to be carried out, neighbors will be told that harassment won't be tolerated. The approach is being hailed across the nation foripro- tecting offenders' rights while still alerting the _public topotential danger........_ Turn to OFFENDER on A5 Also on A5: —A Q&A about the new law. — Strangers are theleast of a -par- ent's problem.. �y The first neighborhood The frst sex offender to be released under a new community notification law will live in the 4500 block of Slater Rd. in Ea _ an. More trouble for Wh The Seattle Times reported Sul convicted embezzler Darrell (Chi na granted himself lucrative Hot Urban Development contracts friends and relatives in the be5 built -by HUD. The Times attril findings to an internal agenc which said HUD officials ignoi that should have warned then dena's dealings on the band's re in White Earth, Minn. Turn to B1. Man dies in St Paul A 29_ year -old St. Paul man c Sunday after he -Was arrested for said. He was wrestled to the gr said, .and suddenly collapsed r Ramsey County jail: An autopsy mine .the cause of death. Turn to Please read _ - ;.::i _ and recyhlE`',:. . `' General Information 673-4000 Classifieds 673-7000 Circulation, 673-4343 14300775-4344 _axon resigns from MnSCU Judith Eaton, chancellor of ta's largest higher education Minnesota State Colleges and ties — has resigned after less years on the job. She has been a president of the Washings Council for Higher Education Ac which sets academic stand colleges and universities throug In leaving, Eaton takes of a huge, ungainly, newly minte education system that she once "the most important experimen on in higher education today seemingly barely getting her feet also ends a relationship with the L ture that had become incre strained. Page B1. ports ............. .................... Angling for a better rod For George Olzenak and other out- door enthusiasts, these are difficult days. "This time of year you can't hunt or fish. It drives you nuts," said Olzenak, 63, of Brooklyn Center. So how to whittle away the time between seasons? Olzenak and son, Mark, 37, of Maple Grove, decided it was the perfect time to build new fishing rods. They are among hundreds of Twin Cities anglers who like the idea of build- ing and using a hand -made rod. Page CIO. Business Sauro, Backhoe operators razinglfree is m )olize a Ramsey County morgue uncovered what cut flow isations local archaeologists say is one of the environ I to his most significant finds that should elevate enough, Jitrator St. Paul to a new level of prominence. hoping t rks the The find: Nina Clifford's 1888 bordello. ternative his job Archaeologists, however, expect the dig an flowe I stem- to uncover more than Clifford's storied Colombi ro men Victorian house of prostitution. They ish, howe where hope to dig up the stories of working- blooms f :essive class people who lived in the city's red the mark light district. Page B1. dustry. P IF !a ia' re ra i � !s J1 Ian for immigrants' gateway 'mould be forced to share bragging rights to Ellis island, Ion of Immigrants, a court -appointed fact -finder told ;day. Under the compromise plan, New York would get seum, and New Jersey would get most of the rest, in - SOUL Turn to A4. gPIP Poverty doesn't explain Teenagers gaP some riven pre- who attend school re recognize ly and who did well on standardized about formed in achievement tests in second grade are defects orm and likelier than other students to pass Min- ther fo in official nesota's basic skills math and reading de Israel. tests, according to a study conducted bfirm's firm a a University of Minnesota researcher Suzan The study also drew a more controversial gott r conclusion: that student poverty does .......... little to create the racial a firm. P scores. Page Al. gap in test )lice Lt. U.S, r Mayor Digging up a tawdry past A fai Defections at IAI Investment Advisers Inc. has lost of its most senior fund managers cent months over disagreements how the firm should be run. The ions include Doug Platt, whose fa- unded the Minneapolis -based bout 50 years ago, and one of the better known portfolio managers, ne Zak. Fund manager Rick Leg- signedein January to start his own age Dl. flower growers flounder led U.S. drug policy that lets Co - flowers into the country tariff- aking it hard for U.S. growers of ers to compete. High costs and mental rules are challenges but the federal government, o encourage an agricultural al- to cocaine, exempted Colombi- rs from import duties in 1992. a's coca crop continues to flour- ver, and U.S. growers say cheap rom that country have flooded et, devastating the domestic in - age Dl. Minneso- •••••••••••••••• ersi While we expect sibling rivalry, won than two our children, we're often startled, embaj ppointed rassed and pained to find similar emo on -based tions in ourselves. Yet we have them ccredita- and more frequently than we like tc ards for admit. Those unresolved animosities ghout the cause some of the most common, pain. her leave ful and little -discussed problems of lit d higher and can hurt right into old age. termed Page El. t going " after Taste wet. It ................. sla- Old world .......................................:.. egi egi 1 traditions asingly The new National Baking Center at Dunwoody Institute in Variety ystem — Sibling quibbling Univ _ About Star Tribune OnlineTM Star Tribune Online is an electronic news and information service that is available on the Internet's World Wide Web. Its Was, Mtnnea teaches experienced bakers the art alis nd science of European -style breads and pastries, which are revolutionizing the baking industry. The future of the baking industry is heading toward these rustic, hand -formed loaves and traditional des- serts, and trained bakers are needed, according to Tom McMahon, director of the Baking Center. Page Tl. Corrections ....................... > An article on Page B1 Tuesday about Eagan's road connection fee incorrectly said that the city was required to refund all fees collected over the rs. That issue will pbevdecided inaa lower court. > An Associated Press photo cap- tion on Page C4 Tuesday mis- identified Pittsburgh hockey player Joe Dziedzic. Clarifications ........................... > A map on Page B3 Tuesday iden- tified the Luxeford Suites Hotel at. l l th St. and La Salle Av. S. It is now called Doubletree Guests Suites - Minneapolis. — The Star Tribune has a reader's representative to investigate com- plaints about the accuracy, fair- ness and completeness of reports and headlines in the news columns. When a report is found to be wrong or misleading, a correc- tion or clarification will be pub- lished in this space. Phone 673- 4450 between 8:30 a.m. and 4:30 p.m. Monday through Friday. Cali the Star Tribune To hear news and music call these telephone numbers and enter the numbers when prompted: 4-digit category Dial QuickCalls" . . . . . . 673.0ancn State Supreme Court deems city's road unit charges an illegal tax By BRENDA HAUGEN The Eagan City Council is taking its case to the Legis- lature regarding the state Supreme Court's ruling in a lawsuit involving road unit charges. According to City Admin- istrator Tom Hedges, the state Supreme Court ruled against the city in Country Joe versus the city of Eagan regarding the legal authority for road unit charges. The court, in its findings, indi- cated that statutory citie don't have the constitutions or legislative authority to use road unit charges, Hedges said. "It's the desire of the city to seek legislation that authorizes the establishment of a system of road connec- tion fees covering new de- velopment, a progressive and farsighted approach to transportation that served Eagan well for almost 20 (See Roads, p.8A) Roads (Continued from front page) years," Hedges said. Eagan's road unit charges were challenged in court by a group of home builders who maintained the city lacked authority to impose the charges. While the Dis- trict Court upheld the city's position that it has such authority, the Court of Ap- peals ruled in favor of the plaintiffs, which was upheld by the state Supreme Court. The court ruled that other charges such as park dedi- cation fees and sewer and water access charges are specifically permitted by statute, but road unit charges are not. At present, the issue has been sent back to District Court, Hedges said. The city is asking that previous road unit charges not be reim- bursed, he said. If the court rules that reimbursement is necessary, it will also have to decide who gets that money, Hedges said. According to Hedges, the modern roads made new de- velopments in Eagan more attractive and more salable, and the price of the road unit charges were generally passed along to the home buyer in the price of his/her house. "If anyone is to receive a refund, it should be the original home purchasers who actually paid the charges," Hedges said. "However, they would be difficult to track and they did benefit from the avail- ability of good roads." The city is asking the Leg- islature to give communities the authority to use road unit charges. "Eagan continues to be a growing community, and the need for highway financing mechanisms is a continuing reality," Hedges said. "We believe the road connection fee is a fair and equitable method." And, as in the District Court issue, the Legislature is being asked to remove responsibility for the city to refund fees paid by contrac- tors in the past, Hedges said. "Eagan has been a fast growing city, and the con- nection fees were an equi- table means of putting part of the costs for necessary roadway improvements on those primarily responsible for creating the need," Hedges said. "No objection had been voiced by citizens or contractors before the current suit was filed, and contractors were among those who benefited the most." The need for road unit charges continues as Eagan continues to develop, Hedges said. Council Member Ted Wachter said it's ironic that under Minnesota Statute 412.251, municipalities have the authority to levy taxes for musical entertain- ment, band purposes and support of a municipal for- est. "But we can't take care of our roads," Wachter said. "No one can comprehend something like that." The city has contacted local legislators and will work to get a bill on the is- sue introduced in the House and Senate this session, Hedges said. 3 /:23/97 6cc1--' 01. State Supreme Court deems city's road unit charges an illegal fax By BRENDA HAUGEN The Eagan City Council is taking its case to the Legis- lature regarding the state Supreme Court's ruling in a lawsuit Involving road unit charges. According to City Admin- istrator Torn Hedges, the state Supreme Court ruled against the city in Country Joe versus the city of Eagan regarding the legal authority for toad unit charges. the court, in its findings, indi- cated that statutory citie' don't have the constitutiona or legislative authority to use road unit charge§, Hedges said. "It's the desire of the city to seek legislation that authorizes the establishment of a.systetn of road connec- tion fees Covering new de- velopment, a progressive and farsighted approat:h to transportation that served .agan well for almost 20 ('a Roads, p.8A) Roads.. s... lb (Continued from front page) years," Hedges Said. Eagan's road unit charges were challenged in court by a group of home builders who maintained the city lacked authority to impose, the charges. While the Dis trict Court upheld the city's position that it • has such authority, the Court of Ap- peals ruled in favor of the plaintiffs, which was upheld by the state Supreme Court. The court ruled that other charges such as park dedi- cation fees and sewer and water access charges are specifically permitted by statute, but road unit charges are not. At present, the issue has been sent back to District Court, Hedges said. The city is asking that previous road unit charges not be reim- buised, he said. If the court rules that reimbursement is necessary, it will also have to decide who gets that money, Hedges said. According to Hedges, the modern roads made new de- velopments in Eagan more attractive and more salable, and the price of the road unit charges were generally passed along to the home buyer in the price of his/her house. "If anyone is to receive a refund, it should be the original home purchasers who actually paid the charges," Hedges said. "However, they would be diffiddit to track and they did benefit from the avail- ability of good roads." The city is asking the Leg- islature to give c6mmunities the guthotity /6 use road unit charges. "Eagan continues to be a growing community, and the need for highway financing mechanisms is a continuing reality," Hedges said. " W e believe the road connection fee is a fair and equitable method." And, as in the District Cottrt issue, the Legislature is being asked to remove responsibility for the city to refund fees paid by contrac- tors in the past, Hedges said. "Eagan has been a fast growing city, and the con- nection fees were an equi- table means of putting part of the costs for necessary roadway improvements on those primarily responsible for creating the need," Hedges said. "No objection had been voiced by citizens or contractors before the current suit was filed, and were among benefited the contractors those who most." The need for road unit charges continues as Eagan continues to develop, Hedges said. Council Member Ted Wachter said it's ironic that under Minnesota Statute 412.251, municipalities have the authority to levy taxes for musical entertain- ment, band purposes and support of a municipal for- est. "But we can't take care of our roads," Wachter said. "No one can comprehend something like that." The city has contacted local legislators and will work to get a bill on the is- sue introduced in the House and Senate this session, Hedges said. 3/A-3/97 tev---"xu= TUESDAY, APRIL 1 • 1997 Impact fees to pay for suburbs growth face murky future . By Mike Kaszuba Star Tribune Staff Writer For 20 years, every new home in Eagan was assessed a one-time fee — most recently $440 — to help pay the cost of the new roads the city needed to accommodate its growth. Eagan had dubbed the charge a "road connec- tion fee," and officials saw it as an early attempt in Minnesota to impose an impact fee on suburban growth. Impact fees — which generally are aimed at having new development pay a special, upfront charge for the extra burden they place on a city's roads, sewers and water systems — long have been used in such fast-growing areas as Florida and California. Now, with the Minnesota Supreme Court having ruled last month that Eagan's road connection fee is illegal, the future of impact fees in Minnesota as a way to pay for suburban growth is in doubt. Eagan's road connection fee and other limited attempts to impose impact fees primarily on subur- ban growth have been fought by developers and real estate agents who see such fees as added taxes that drive up the cost of a home in a state where taxes are already high. That argument, in light of the state's large revenue surplus, has garnered support. • Turn to FEES on B2 for. — A closer look at the fees Eagan charges. — Legislature is unreceptive to the practice. What Eagan charges in 1978, Eagan began charging A one-time -road correction fee" All new homes and commercial and industrial development built in city. Here is a look at how the fees increased over the years. Type of Con 1978 Si/lee—family homes, $75 double bungalows and townhouses Muth -family -residential complex (charge per unit) Commercial and $225 industrial buildings per acre Soiree City of Eagan • 1997 4440 r i352 $1,320 per acre Star Trtauie grarnic FEES from B1 .� Ruling in Eagan case casts doubt on future of impact fees In 1996, the fee generated $935,000 for the city of Eagan, and the court's ruling requires the city to refund all money col- lected during the past six years — an amount city officials esti- mate to be nearly $3 million. 'Extremely controversial As Eagan rushes to the Legis- lature to try to get a law passed that would give it the impact -fee authority, the city can expect to face a not -so -friendly envi- ronment. "The fear that an impact fee would be a tax ... still is a fear," said Joel Jamnik, a League of Minnesota Cities lobbyist at the Legislature. Rep. Joe Opatz, DFL-St. Cloud, who has called for state- wide planning to help control unrestrained growth on the fringes of the Twin Cities, said he recently dropped a proposal for impact fees after it became "extremely controversial." The current legislative recep- tiveness to impact fees, he said, really isn't good. Sen. Leonard Price, DFL- Woodbury, said his proposal three years ago for a school im- pact fee, allowing cities and school districts to impose a fee on new homes to pay for the cost of buying land for new schools, also fell flat. Price said the measure was an attempt to address growth in suburbs such as Woodbury, where the city, county and school district could not keep pace with the demand for roads, sewers and schools. When he tried to resurrect the idea two years ago, he said, the proposal was defeated soundly in a House committee. "It was just overwhelmingly beaten up," Price said. "The de- velopers came In and [blasted] it." The Metropolitan Council, in a February report titled "Paying for New Growth," said impact fees can be a useful tool because they "pay for new infrastructure by placing costs on the users — developers. They are often seen as making development 'pay its own way.' The drawback, the report concluded, is that impact fees are not a legal option for many local govemments. Road impact fees are allowed In 13 states, ranging from New Hampshire to New Mexico, and school impact fees are permit- ted in seven states. including Arizona and West Virginia, the report stated. Questions of fairness Met Council officials said they have not determined whether they will lobby for impact -fee legislation in Minnesota. One major drawback, partic- ularly with road connection fees, is that it's difficult to deter- mine who benefits from a new road that serves a wide area, they said. "If you can make anything feel fair in this state, and explain it, you can make it salable," said Chuck Ballentine, a Met Council community development official. "We have a lot of interest [in it)." In Eagan's case, attorney Tony Gleekel said developers were frustrated that the city had steadily increased the road con- nection fee — from $75 for a single-family home in 1978 to $440 this year. "One of the big reasons [for the lawsuit] is the amount got to be a lot higher," said Gleekel, who represented a group of home builders in the case be- fore the state Supreme Court. The court's ruling, filed March 6, also in effect ended the practice of collecting road connection fees in three other growing suburbs, Apple Valley, Prior Lake and Savage. In Prior Lake, new single- family homes were paying a $400 "collector street charge." "Every city administers it a little differently," said Frank Boyles, Prior Lake's city manag- er. Boyles, who declined to comment on the court's ruling, said the city would abide by it. In its ruling, the court said that Eagan's road connection charge "cannot find validity un- der the city's power of taxation." In addition, the court said it was "significant" that the reve- nues collected from the fee "are not earmarked in any way to fund projects necessitated by new development, but instead fund all major street construction, as well as repairs of existing streets." For now, the ruling leaves fast-growing cities looking for alternatives. You're trying to finance growth without placing a burden . (on existing] residents," said Jim Willis, the city administrator u in Inver Grove Heights. "It's tough to go back and ask those same taxpayers ... to finance the mart ripusalr mnnt rnmir— in." A P' ;tor Will s broth( was ser tamsey ithleen fivem 'dent a , while s await of Ilia ',her. T telly C !cuLiun 'IONISL 1 1 T DCK REF /EnN c PAl' $2t ied I R=96% 4LkTP ''4L LACE GFZC��I P ,.w w'+►I+MW+r x1Y.Mrr/M�w•M'Y+r� cities in same boat i DON ANcrtN SIN r wrrfrrn The fees Kagan charges for linking roads in new housing de- veloprxicnLs are illegal, the Minne- sota Supreme Court said recently, and the city may have to pay back more than $3 million it has col- lected. The fens aro used to finance streets that connect housing devel- opments to the rest of the city's street system. No houses affront the connecting roads so there is no way to assess than, city officials say. The ruling sends a warning to other Minnesota cities that have similar fees. Apple Valley, Prior Lake and Savage have been named in companion suits that were delayed during the appeals process. Many other cities that weren't involved in the suit also assess comparable fees, Eagan has stopped charging the fee that was collected as part of the building permit. But it is also asking the Legislature to make such fccs legal. Feb. 21 7 20 3 le DAILY 3 Thursday; 2. 0, t Wednesday: 6. 2. 6 Tuesday: 8, �4, 1 nn.,,,1w•6(11 41 3903 P _ 0 2 will determine whether a payback Is due, and if so, who gets the money, The high court ruled only on the legality of the fee and re- turned those issues to a lower court to decide. "We need a court to define who should get those dollars .., the original landowner, the developer, or the first person to buy that new home," said Jerry Duffy, lead at- torney for a group of land devel- opers who filed the suit about three years ago, But the answer to that question may be complex, he added. "Clearly you should get the money if you went out and bought a vacant lot and paid for the build- ing permit to build your own home," he said. "But the more dif• ficult issue is where you bought a horne from Centex 'Ionics or Country Joe (developers). They wanted $180,000 for the home, and in that Is a $i500 illegal tax. Who actually paid it? The builder who drew the building permit, or did he pass it on to the home buyer? That will be one of the sticking points (in the district court case)," The amount of money eollecled is also undetermined at this point, Duffy said. Ile claims that all the fees charged for the last nine years should be returned, includ- ing six years before the case was filed and the three years since. Further complicating the issue, fees vary depending on the kind of property and the fees have in- creased several times, The most recent amounts were $440 per res• tdcnce except apartments; apart- ments were $352 per unit, and nonresidential property was charged $1,320 per acre. City officials, who will have to figure out how to replace and maybe return that revenue, re- ceived the ruling glumly, "I was disappointed by that de- • cision," said Mayor Tem Egan. "f thought the district court ruled fairly In their analysis. (Adistrict court ruling in favor of the city was overturned by the Minnesota Court of Appeals, which In turn was affirmed by the Supreme Court.) Until this case was filed "the developers expressed no objection of any sort to this policy since 1978" when the city council im- posed the fee, Egan said, "We felt it was a very visionary step that was taken by earlier councils and staff to try to come up with a reasonable financial tool to fi- nance the cost of street construc- tion." City Administrator Tom Fledges ,il ;y added, "We always thought we had that authority through implied powers, but the Supreme Court said no. So we should get it (from the Le islalure). Other states have 04-1J"9'7 04:03PM P002 # FRIDAY. MARCH 7.1997 Briefs > Univeraai International Inc, New Hope, said that it is in technical default of several provisions of its loan agreemem with BankAmerica Business Credit Inc. Among the provisions that Universal 'is in default on are fail- ure to meet a minimum net worth covenant as of Dec. 31, 1996. and con- tinuing through the cur- rent date, and a nequire-- ▪ (neat to obtain a com- - -nutmeat letter from an- • other lender for reai- 'Ing of the current loan agreement on or before Feb_ 28. As a result of the `technical defaults, Bank- ' America has elected to reduce the credit line -from $16 mullion to $125 -million and increase the interest rate on the loan - from prime plus 11 per- - cent to prime plus 31 - percent. The loan agree- - meat with BankAmerica Tres March 31 and is to monthly re- ' -newels unless terminated by the company or • lender. >- Fourth Shift Corp., Bloomington. said it ex- pects to report an oper- ating loss for the first quarter ended March 31 • because o f slower rave - rue growth in Asia and North America. ' Lakeheed Pipe tine Partners LP., Duluth, TODAY'S BUSINESS BRIEFING REGION NEWS State Supreme Court rules Eagan cannot impose road connection fees Justices uphold Appeals Court decision; case may limit charges by other cities; Eagan will try to get Legislature to allow fees By Susan E. Peterson Star Tribune Staff Writer In a decision that could have far-reaching effects on the kinds of development fees cities can impose. the Minnesota Supreme Court Thursday upheld an Ap- peals Court ruling that a "road unit connection charge" being collected by the city of Eagan essentially is an illegal tax. The Supreme Court decision means that Eagan probably will have to refund about nine years' worth of the fees, which could amount to about S2 million plus interest. said Gerry Duffy. a M n- neapolis attorney representing developer Country Joe Inc. and other plaintiffs. -. *The case will be sent back to Dakota County District Court to certify the dass and determine the amotmts' to be repaid, he said. However, Eagan City Adminis- tntorTom Hedges said the ques- tion of refunds is yet to be decid- ed. "We're disappointed by the decision that the city does not have the authority to impose the road connection fees, but it hasn't been determined that the city of Eagan will have to pay anything," he said Hedges said the city will stop charging the fee immediately, but will ask the state Legislature for the authority to resume the fees as a fair method of paying for needed road improvements for new developments. However. the Legislature has been less than enthusiastic about allowing cities to charge such so- called "impact fees,' said Joel Jamnik. an attorney with the League of Minnesota (,.tries_ 'The current system in effect has exist- ing taxpayers subsidizing new de- velopment. but it's been very dif- ficult to get the Legislature to agree that we should have impact fees," he said. Provisions that world have es- tablished cities' rights to charge such fees were included in bilas before the House and Senate this session, but bave been stripped from the House bill end are ex- pected to be dropped, from the Senate bill as well. he said - Eagan has been charging road connection fees as a condition of obtaining a building permit for new construction since 197% the amount has risen fron3 575 origi- nally to 5410 in 1994, when the Country Joe suit was filed. The Supreme Court said that while fees designed to cover costs such as permit administration and building inspections are legal, those that are designed to raise revenues are in fact unauthorized mores. Tony Gleekel, another attorney representing Country Joe and the other plaintiffs, said Thursday's ruling also should apply to at least three other cities charging similar fees — Apple Valley, Sav- age and Prior Lake_ Officials from those communities could not be reached for comment late Thursday - Medicare fraud lawsuit clears pretrial hurdle A federal judge has removed a significant hurdle in a $280 mil- lion Medicare fraud lawsuit ber 1994. It was unsealed in May 1996 when the U.S. government authorized MANA to bring the the False Claims Act Montgomery ruled that the as- sociation based its complaint on it' own irnnwiedee and not on MERG Cal to -Out contint that th combo be belo would( He s merger fect his becaus invests applies nershi% 'Id1 ter in believe strong( Hea contin public canto throul nershi said M o Su ch4 Oly viewe pest, since Feb. 2 It f of its mate did ei rates. Th this r oviped ce*94 Pau*- /4i4tde-ck Eagan hunting for Moose money By CHRIS BALDUS Unsportsmanlike conduct? Icing? Off -sides? The city of Eagan was look- ing for the right call regarding the Minnesota Moose Hockey Club's flight from Minnesota to Winnipeg that left Eagan hold- ing the bill for an unnecessary locker room at Eagan Civic Arena. The penalty it came up with — breach of contract. The City Council unani- mously voted Sept. 17 to direct the city attorney to start legal action against the Moose. The city will try to get reimbursed the $68,900 it spent on the locker room, which was built so the Moose could practice at the arena. The Moose and the city made the agreement Aug. 1, 1995. The Moose contracted for ice time for practices at the arena and the city agreed to build the team a locker room, the cost of which the Moose would help reimburse through fund-raising, according to City Administrator Tom Hedges. Hedges added that the city has attempted to collect by sending the Moose a bill for $68,900. Since then, the city and the hockey club have been exchanging letters differing over who should pay for the locker room. "We haven't received any cooperation," said Hedges. "They are now reneging or at- tempting to renege on the agreement they had with the city." Eagan's city bell returns to council chamber By CHRIS BALDUS Like children surprised after acting on a dare, Eagan Mayor Tom Egan and Council Mem- ier Shawn Hunter scampered .rom the old bell after ringing it in the remodeled Eagan Mu- nicipal Center council cham- bers. Chuckles popped from other council members already seated for the Sept. 17 regular meeting. Such marked the return of the city's bell after being touched up and mounted on a decorative cart by the city's Parks Department. "We will try to ring the old bell before every meeting to continue tradition," said Egan. The bell originally was in the Wescott School, one of the one -room country schools that dotted the area and which closed in 1953. Del and Ella Sachwitz, who converted the school into a home, gave the bell to the city and it was mounted in the belfry above the City Council chambers. However, when the Eagan Mu- nicipal Center was remodeled in 1995, the chamber was moved away from the belfry. The City Council, at the prodding of Council Member Ted Wachter, directed the Parks Department to build the cart for the bell so it could be brought into the new chamber. The bell's return fell within the week leading up to the city's first Lone Oak Days, Sept. 21-22, which will have a decided nostalgic feeling. One of the events planned for the weekend is an old-style town meeting in the Historic Eagan Town Hall, so today's children L. 1 and adults can see how city government worked in the early days of the community, announced Wachter later in the meeting. Lone Oak Days owes its name to Eagan's history, when a lone oak used to serve as a meeting spot for the commu- nity. The lone oak developed into the city's symbol, and its use the council is actively promot- ing. Wachter asked the devel- opers of the Eagan Promenade shopping center if the tree was going to be prominently dis- played in the development. Eagan Senior Planner Lisa Freese told him that the lone oak is included in the design of a clock tower in the develop- ment. Helping a good cause FRONTIER COMMUNICATIONS recently presented Com- munity Action Council (CAC) with a $5,000 check. Pic- tured are Mary Ajax, Executive Director of CAC, and Brian Becker of Frontier Communications. Frontier spon- sored the 1995 Cities Sampler, a limited edition CD fea- turing rare one -of -a -kind songs by artists played on Cities 97. CAC provides services to Dakota County citizens in- cluding family support programs, Armful of Love, the B. Robert Lewis House and violence prevention initiatives. Local artists to be featured in annual show Dozens of area artists will exhibit their work at Burnsville Area Society for the Arts' an- nual Art Fete Sept. 28 through Oct. 6 at Burnsville Center. Work in a variety of media is nrizes prior to An opening night reception will be held Friday evening, Sept. 27, with public viewing starting Saturday. For more in- formation, call 431-4155. Artist Jan McLandsborough of Eagan won the design com- Judge rules evidence admissible in Klug case Judge Richard Menke ruled that all evidence that the de- fense challenged in the case involving the death of a Dakota County Sheriff's deputy will be admissible at trial, according to Dakota County Attorney James Backstrom. In addition, the judge denied a defense motion for a change of venue. Olumuyiwa Shakirudee Akinosi, 37, of Inver Grove Heights, is charged with three counts of criminal vehicular homicide and one count of open bottle in connection with a July 15 ac- cident in which Dakota County Deputy Luther Klug was killed. The defense had challenged the admissibility of a number of items in evidence. Menke ruled that an admission by Akinosi at the accident scene to a state trooper was admissible, Back- strom said. The judge also ruled admissible Akinosi's state- ments to troopers at the hospital and at the county jail, and a blood sample obtained from Akinosi. The court also ruled the seizure of an open container of liquor from his car was proper, Backstrom said. Menke found insufficient evidence as presented by the de- fense to justify a change of venue, Backstrom said. Klug was southbound on Highway 316 about four miles south of Hastings when Akinosi allegedly failed to stop for a stop sign and collided with the driver's side of Klug's marked squad car, Backstrom said. Laboratory analysis of a blood sample obtained from Akinosi two hours after the accident revealed an alcohol concentration of .18, according to Backstrom. Backstrom said he expects the trial will start as scheduled Sept. 23. He said jury selection and the trial are expected to last less than two weeks. Woman charged in forgery A 50-year-old Maplewood woman is facing felony check forgery charges following her arrest in Eagan Aug. 27. Alonea Ruth Vanes (aka Alonea Ruth Henderson) was charged Aug. 28 in Dakota County District Court with check forgery and offering forged checks. Each count car- ries a maximum penalty of five years imprisonment and a $10,000 fine. According to the complaint filed with Dakota County Dis- trict Court, officers responded to a report of a woman at- tempting to cash forged travel- ers checks. After being ar- rested, Vanes allegedly admit- ted that she had cashed forged checks valued at $100 at two other Eagan businesses earlier in the day, according to the complaint. Eagan man faces sexual conduct charge A 32-year-old Eagan man is facing a felony charge after a 14-year-old girl told police he had sex with her. Erik James Strange was charged Sept. 6 in Dakota County District Court with third-degree criminal sexual conduct. If convicted, he'll face a maximum penalty of 15 years imprisonment and a $30,000 fine. According to the complaint, the girl said that on July 29 Strange had given her alcohol and had sex with her in his Ea- gan apartment. The girl said she met him a few weeks earlier at the busi- ness where she worked. She said she told him she was 14, and she believed he was 22, according to the complaint. The two allegedly continued to meet secretly at a local convenience store. On July 29, the girl went with Strange to his apartment and he gave her dark glasses, a hat and a red jacket as a disguise before they entered the apartment, according to the complaint. After drinking beer, the girl passed out, the complaint states. When she awoke, she allegedly discovered Strange was having sex with her, ac- cording to the complaint. The girl didn't tell her mother about the incident until after she discovered she had genital herpes, the complaint states. Two charged in lumber yard theft Two men were charged July 19 in Dakota County District Court with receiving stolen property and offering a forged check, according to the Dakota County attorney's office. The alleged incident oc- curred May 23, 1995. According to the Dakota County attorney's office, Dan- iel James Windish and Jason Michael Boecker allegedly bought $1,287.54 worth of mer- chandise at the Eagan Knox Lumber store with a forged check. Later in the day, they allegedly brought some of the merchandise to the Little Can- ada Knox Lumber store and tried to exchange some of it, according to the complaint. The clerk at the Little Can- ada store noticed the valida- tion area of the invoice had not been completed, and as the clerk worked to complete the paperwork, Windish and Boecker left, according to the complaint. Police stopped the men a short time later. If found guilty, the maximum penalty for each of the two counts is five years imprison- ment and a $10,000 fine. Windish appeared in court Sept. 13, and bail was set at $50,000, according to the Da- kota County attorney's office. His next appearance is sched- uled for Oct. 2. A warrant for Boecker's arrest remains in effect, according to the Dakota County attorney's office. Man charged in attempted auto theft A 22-year-old Bloomington man was charged Aug. 27 in Dakota County District Court in the attempted theft Aug. 25 of an automobile in Eagan. Carlos Antonio Ramos was charged with attempted theft and possession of burglary tools. If convicted, the first count carries a maximum pen- alty of five years imprisonment and a $10,000 fine. The second count has a maximum penalty of three years imprisonment and a $5,000 fine. According to the complaint, Ramos was allegedly found inside a vehicle belonging to someone else. A relative of the person who owns the vehicle confronted Ramos, and Ramos began to leave the area. After discovering the vehi- cle's steering column had been punched, family members tracked down Ramos in the Highland area, where Ramos was allegedly trying to pry open the lock on a car door with a screwdriver, according to the complaint. TOPS open house set TOPS (Taking Off Pounds Sensibly) will hold an open house Oct. 3, 6:45 p.m., at the Rosemount City Hall, 2875 145th St. W. For more information, call 681-0721. Board: Former director to run From Page 2A "I will run whether there's two or three seats open," Nikolai said after the meeting. With an even numbered, split board, it's not easy for Monson to perform his duties or to be held accountable, Nikolai said. "It's difficult if you have two bosses or to steer a path to keep six members happy. With seven members, he could follow the mandate of the majority of the board," Nikolai said. Easy issues are usually decided 6-0. It's the "tougher" issues that have been split 3-3, he said. These need to be decided in order for the district to move forward, said Nikolai. "Good people are going to have differences sep4'. 4, 4 -1l, r 9n. Richfield Blacktop faces investigation By Sue Hegarty Staff Writer Two Eagan families are asking the city to revoke operating permits for Richfield Blacktop at 3206 Highway 13 in Eagan. In October 1994, the company received City Council approval to store trucks and landscaping materials outdoors at its fa- cility. Last May, Horizon Landscaping Co. began operating at the same location through an agreement between the two companies. Eagan residents Ron Miller and Tim Green and their families complained in June about diesel fumes and noise from the loading and unloading of landscape rock. Several other issues have been raised by the complainants, who have hired an attorney to settle the issue. Owners of Richfield Blacktop have raised their own concerns about Miller and his actions. They allege that Miller placed dirt on the business property with- out their permission to extend his back of opinion." he added. Of the school districts in the metro area, 24 have seven directors and 14 have six. In the nine years that Nancy Rowley has served on the six -member Richfield School Board, there has never been a 3-3 vote, she said. Financially, a seventh member would cost the district another $2,400 annually, assum- ing directors do not vote themselves an in- crease. The stipend has remained the same since 1987. District 197 includes the communities of West St. Paul, Mendota Heights, Mendota, Sunfish Lake, Lilydale and portions of Eagan and Inver Grove Heights. Su«> Cwrrurt yard. They also claim Miller cut down trees on Richfield Blacktop's property since complaining about the company. Richfield Blacktop filed a harassment complaint and received a restraining order against Miller. City officials responded to the allega- tions by performing an inspection at the business and found that there were code violations. A compliance letter was sent to Richfield Blacktop. "We will give the business a chance to succeed, a chance to adhere to the condi- tions and make the whole thing a suc- cess," said Councilmember Shawn Hunter. A follow-up inspection is scheduled for Sept. 26. "We're investigating the city code is- sues and have sent out notification and will hopefully receive corrections on the conditional use provisions," said James Sheldon, city attorney. The council is expected to rule on the compliance/revocation issue at the Oct. 1 meeting. St. Paul for pro- r citizens. Board 'd not condemn aging committee .s to the board or ost saving part- ernative funding )e proud of the making and sup- .endent. ;aret Lostetter Eagan heard t Monson • School District e to express my Superintendent t be renewed ef- 7, for at least one aximum allowed, Lppen our school ;o renew his con- itus of an official - Its the renewal of u who agree with nt. Letters to the lion and to the ne calls, and at- hool board meet - it to express your Lese are so critical intendent Mon - willingness to be ethic and his ded- munity. i, Superintendent d home to stay. S' Gartnt, Set . J1,1994 Please let's do what it takes to keep him here. Mary Ann Schokmiller Mendota Heights Thanks goes to city small-business effort To the editor: Over the years, the city of Eagan has made many decisions about zoning, parks, commer- cial/retail business, bike paths, etc. One of the City Council's de- cisions was a conditional use per- mit for the purchase of property at 3206 Sibley Memorial High- way by Johnson's Richfield Blacktop. That piece of property had been vacant for a long time. It be- came an eye sore and a dumping ground for a number of unsightly items, not to mention the hazard element to our neighborhood. Upon Johnson's Richfield Black- top purchasing the property on Highway 13, they rebuilt, reorga- nized, repainted, refurbished, repaved, and successfully turned a run-down wreck of a building and lot into a thriving business. It is nice to see that small business is still welcome in our growing city. We want to take a moment to thank both the city of Eagan in helping to continue the "good neighbor" policy and to the John- son's, who have taken the time and money to make our neigh- borhood more pleasant. Joanne O'Keefe Eagan Sun•Current policy on election letters During the election season, letter writers should keep the following points in mind: • Letters that are libelous or contain false information will not be published. • Our utmost priority is fair- ness. When space allows, all appropriate letters will run. When opinion -page space is limited, we will attempt to run letters proportionally, reflect- ing the number received for each candidate. Authors of un- published letters will be listed as supporting a candidate or issue. • When letters contain simi- lar content, priority will be given to letter writers who live in the community. • Letters may be edited for length and clarity. •Submitting a letter does not guarantee publication. •Multiple signatures from outside one household should be avoided; they slow the veri- fication process because each signature is checked for au- thenticity. • All letters must be signed and include a day and evening phone number of the letter writer. • Letters submitted to run the week before an election should be simple endorsements only. • The above policy applies to all elections and referendums. 6 r C 1;/&f BRIDGING THE GAP: FROM COUNTRY TOWN TO SPRAWLING SUBURB Suit jeopardizes road improvement funds By Sue Hegarty Staff Writer A prominent Twin Cities home builder, who sued the city of Eagan over the collection of road improvement fees, will take his case to a Minnesota Court of Appeals. Joe Miller, lead plaintiff in the "Country Joe" lawsuit, con- tends the city has no authority to charge builders a road unit charge when they apply for a city building permit. After losing his case in Dako- ta County District Court, Miller filed an appeal. If he wins, more than $3 mil- lion that the city collected from builders since 1987 may have to be paid back. But paid back to whom, said city officials, assuming that the builders passed on those costs to their clients. "If Joe wins, would the money be passed on to homeowners?" asked City Administrator Tom Hedges. Miller said cities have no au- thority under state statute to impose such a fee, which he called an "impact fee." Legal counsel for the city con- tends, however, that it has im- plied authority under the Mu- nicipal Planning Act which al- lows cities to col- lect fees "to pro- mote the public health, safety and general wel- fare" of its resi- dents. "These subdi- visions would not be where they are today (without the road unit charge,)" Hedges said. "Their success is built on our infrastructure." The road unit charge is used to help fund construction of major roads leading into new de- velopments. Since 1978 the city has col- lected $5.8 million through road unit charges. The plaintiffs are requesting about $3 million in refunds. The statute of limita- tions prohibits them from seek- ing reimbursements dating ear- lier than 1987. As fees are collected, they are deposited in the city's major street fund, along with munici- pal state aid funds and special assessments. The current fund balance in the major street fund Hedges is $10.5 million, said Finance Di- rector Gene VanOverbeke. As Eagan's population rapid- ly grew and developers proposed housing or commercial develop- ments on what used to be open fields, the demand to build arte- rial roads increased, Hedges said. For example, $2.85 million from the major street fund may be used to pay for a portion of the $8.6 million for Promenade -re- lated road improvements, said Tom Colbert, public works direc- tor. Promenade is the proposed 120-acre Opus Corp. develop- ment at Interstate 35E and Yan- kee Doodle Road. "We have to build (roads) and we have to build it now. Not hav- ing roads is not an option," said Joanna Foote, Eagan's commu- nications coordinator. Besides Miller, other plain- tiffs named in the "Country Joe" lawsuit are William Huttner Construction, Thorson Homes, McDonald Construction, Key - Land Homes and Feature Builders. They have not filed as a class action lawsuit and no court date has been set. A simi- lar lawsuit is pending with the city of Apple Valley. Sibley students lead challenge Five Henry Sibley High School students joined other students in St. Cloud recent- ly for the sixth annual Stu- dents Are Concerned Confer- ence. Students learned how to stand up to negative peer pressure that can lead to vio- lence, drug and alcohol abuse. Sibley students at- tending the conference were (from left) Camille Straw, Ad- viser Ruth Bremseth, Kelly Greip, Jackie Porter, Jackie Butchert, Dwight Sjoberg and Minnesota Attorney General Hubert Humphrey. (Submitted Photo) PA R TNERSH F R ADRUG MINNEEOTC Dedication of new city offices set for Dec. 9 Staff Report Eagan residents are invited to attend the grand re -opening and dedication of new and remodeled city offices Saturday, Dec. 9. The remodeled Municipal Center and newly attached Police Facility are at 3830 Pilot Knob Road, just south of Wescott Road. At 8:30 a.m., the Eagan Police Department and chaplain will dedicate a memorial wall in the lobby of the Police Facility to honor officers whose lives were given in the line of duty. Beginning at 9 a.m., there will be a ribbon cutting and ded- ication ceremony at the new south entrance to the Municipal Center. Public tours will b available following the ceremo ny. Refreshments will be served) Information: 681-4600. Lawsuits Continued from page lY O'Neil land is the major beneficiary of the storm ponds. Federal Land, Eagan's biggest com- mercial developer, also has benefit- ted from a series of favorable land - use decisions by the former City Council under Bea Blomquist, who was mayor for the last eight years before being defeated by Ellison in November's election. Some of Feder- al Land's 170 acres near Yankee Doodle and I-35E had to be rezoned to created Town Centre, for example. Now, however, Federal Land is suing the city over the O'Neil settlement. Federal Land contends that the set- tlement "will have a devastating ef- fect" on the company because of its effect on the condemnation case, the city's comprehensive plan and future air pollution in the area. In addition, the company said, the O'Neil action will trigger other rezoning requests and lawsuits. Ellison, however, said Federal Land is most concerned about competition from future stores on the O'Neil land, which some planners say has better freeway access than Town Centre. He said Eagan needs to be flexible in allowing some land -use changes, es- pecially since several hundred acres the city originally planned for com, mercial development have been con- verted to other uses. A key to the settlement was the O'Neils' agreement to an undisclosed ceiling on the city's liability in the condemnation case, Ellison said. "The O'Neils should be able to go after as much money as they want from Federal Land," he said. "But I'm confident we've protected the city's interests." VW wr IN I — — >- 0) MOM co IhOM Cr) (13 MO CO 4•0Ncts Community Dakota/Scott Eagan reaches suit settlements after swearing -in Resolution is short-lived; another lawsuit follows it By Conrad deFiebre Staff Writer Hours after Eagan's new mayor was sworn in Tuesday night, the City Council reached settlement of two controversial land -use lawsuits that had plagued the city for more than two years. The settlement, however, already has sparked another suit against Minne- sota's fastest -growing city, which has spent hundreds of thousands of dol- lars in recent years on legal fees. "You end some suits, you start some others," Mayor Vic Ellison said. Dakota County District Judge Jack Mitchell took the unusual step of moving his courtroom to the Eagan council chambers Tuesday night to help speed settlement of several suits involving farm land owned by Rob- ert and Grace O'Neil of St. Paul. Mitchell, calling the litigation "a po- litical football," had suspended trial of one of the suits after the former City Council failed to reach a settle- ment with the O'Neils. The O'Neils' request to have 122 acres at Yankee Doodle Rd. and In- terstate Hwy. 35E rezoned for com- mercial and industrial use was de- nied in 1985, at the same time that the city was condemning 10 acres of it for storm -water ponds to drain parking lots of a large shopping cen- ter across the street. The O'Neils sued over the zoning and the condemnation, as well as $157,600 in city assessments for storm sewers that they contended did not benefit their property as long as it could not be developed. They have owned it since 1965. After several hours of closed -door negotiations in the midst of the first meeting of Eagan's new City Council, the city agreed to rezone the land as requested and the O'Neils dropped their challenge of the assessments, which now will increase because of the new zoning classification. Mitchell took over the mayor's chair at 10:40 p.m. Tuesday and convened an unusual five-minute court session to record the settlements. Left unsettled, however, was the con- demnation award to be paid the O'Neils for the storm -water ponds. Attorneys said that, too, could be affected by the rezoning, although the award is supposed to be based on the land's value in 1985. The stakes in that case are high. The city's appraisal of the condemned land was less than $20,000, while the O'Neils' appraiser put it at more than $2 million. A three-man condemna- tion panel awarded $664,500, three- quarters of which the city already has paid to the O'Neils, but that decision is being contested in court. City officials say the Federal Land Co. of Eagan has agreed to pay most of the condemnation costs because its Town Centre shopping center across Yankee Doodle Rd. from the Lawsuits continued on page 9Y Malang a Federal case CITY OF EAGAN SUED YET AGAIN irwo partnerships affiliated with Federal Land Co. have joined the list of developers who have filed suit against the city of Eagan, and some wonder whether the suit will answer questions about the deal- ings between Federal Land and the previous city council. The suit was filed in Dakota County District Court Dec. 31. The plaintiffs are Eagan Heights Commercial Park and Eagan Tower Office Park, two Minnesota general partnerships. The managing general partner of both entities is Federal Land Co., an Eagan development firm owned by brothers Vernon R. and Martin F. Colon. In short, the suit alleges that actions by the city to assess Federal Land for storm water ponding improvements and to rezone a rival developers' property are "arbitrary, unrea- sonable and capricious" and "wholly void and without binding effect." Sources say the suit, filed Dec. 31, was a pre-emptive strike intended to deter the Eagan City Council from taking the afore- mentioned action at its Jan. 5 meeting. A new city council headed by Mayor Victor Ellison took office that evening, replacing a council headed by former Mayor Beatta Blomquist, who had been dogged by charges of favor- itism toward Federal Land. Despite the suit, the new council went ahead Jan. 5 and settled land -use and assess- ment lawsuits filed against the city by St. Paul developer Robert J. O'Neil and his wife, Grace. "We believe (Federal Land's suit) was motivated in large measure to prevent the set- tlement of our actions against the city," says the O'Neils' attorney, Gerald S. Duffy, a senior partner with Grossman Karlins Siegel Brill Gruepner & Duffy, Minneapolis. Attorneys representing Federal Land could not be reached. "We knew we were getting rid of one law- suit to get another," former Mayor Blomquist says. "I don't think we gained a whole lot." In closed meetings Jan. 5, Duffy says the new council settled the land -use case by agreeing to give the O'Neils a planned devel- opment (PD) permit, and to amend the city's comprehensive land -use guide plan to pave the way for a rezoning for commercial use. In June and July 1985, the Blomquist-led council didn't muster enough votes to approve the zoning change for the site, 122 acres bounded by Interstate 35E, Lexington Avenue and Yankee Doodle Road. Instead of submitting the same PD pro- posed in 1985, Duffy says the O'Neils are working with city planners and John Shardlow of of Dahlgren Shardlow & Uban Inc. on a revised plan that probably will be sumbitted in the next month or two. The new council also agreed to settle the assessment case by voting to allow the O'Neils to relocate and enlarge storm water ponds within their property. Duffy says the ponds were put on some of the most choice land the O'Neils own, overlooking I-35E and fronting Lexington and Yankee Doodle. Duffy says he can't disclose whether the O'Neils also received a monetary settlement. However, one source close to the negotiations says the city might have to pay up to $100,000, a figure that could not be confirmed. Still pending is a case involving the con- demnation of about 10 acres of the O'Neils' continued on next page "I have tremendous confidence in Amcon's people... top notch... there were no surprises, no conflicts... a real team effort. They were dollar efficient, time efficient and dealt honestly up front... everything was executed as promised." "I have recommended Amcon to others and will again be a customer!" Full -service capabilities from feasibility study and site selection through design and construction. MCall or write for our brochure AMCON 612-890-1217 200 E. Hwy. 13, Minneapolis, MN 55337 414-774-2490 11933 W. Budeigh St. Milwaukee, WI 53222 Key design elements or the next pnase the parkway will include Mill Ruins Park, at the site of what is considered one of the na- tion's most significant industrial ar- cheological sites; St. Anthony Falls, the on- ly naturally occurring waterfall on the Mississippi River; and Bohemian Flats, once the site of a riverside shantytown. Showalter says the general design of the next phase of West River Parkway will be consistent with the first phase, including streets, walkways, bicycle paths, landscaping and lighting. Minneapolis City Council approves Block E acquisiton Minneapolis — The Minneapolis City Council voted unanimously Jan. 29 to ap- prove a plan to quickly acquire seven proper- ties on Block E. No firm redevelopment proposals for Block E have been presented, but Min- Page 8 Minnesota Real Estate Journuf January 18, 1988 Two suits resolved BUT EAGAN STILL FACES OTHER ISSUES A pair of lawsuits tiled against the city of Eagan three years ago over a proposed retail development were finally resolved earlier this month, but two addi- tional suits and other complicated issues remain. In an unconventional move, Dakota Coun- ty District Court Judge lack Mitchell took his court room to Eagan City Hall Jan. 5 in an ef- fort to resolve three lawsuits filed against the city by St. Paul developer Robert J. O'Neil and his wife, Grace. The suits stem from the Eagan City Coun- cil's refusal to approve a zoning change for the RETAIL CONT. O'Neil's 122-acre parcel bounded by In- terstate 35E, Yankee Doodle Road and Lex- ington Avenue. In June 1985, and again the following month, the city council refused to change the zoning for part of the site from agricultural to residential. While a majority of the five -member coun- cil favored the zoning change, such a change requires a two-thirds vote (4-1 in Eagan). Former Mayor Beatta Blomquist and Coun- cil Member Thomas Egan, who is still in of- fice, voted against the request, yielding a vote of only 3-2 in favor. The council said the zoning change wouldn't conform with Eagan's comprehen- sive land -use guide plan. The O'Neils argued that the decision was "arbitrary and capricious." and filed suit. The O'Neils filed a second suit, challeng- ing a special assessment placed upon them by the city for storm sewers, That case and the zoning case were settled at the Jan. 5 coun- cil meeting. Terms were not released, but an attorney for the O'Neils says the settlement will allow the change to commercial zoning. A third suit, one that wasn't settled and that will probably go to trial, involves the 1985 condemnation of about 10 acres of the O'Neils' land. The city took the land for storm water holding ponds that benefit Federal Land Co.'s nearby Town Centre development. The O'Neils won a $664,000 condemnation award in 1985, but Federal Land officials are fighting the decision because they have an agreement with the ci- ty to pay condemnation costs. Some have charged that city officials, particularly Blom- quist, favored Federal Land. Blomquist has consistently denied that charge. In addition to the O'Neil suit, the city still faces a lawsuit filed March 26, 1987, by The Bieter Co., an ownership entity affiliated with Edina -based Thorsen-Cornwell-Klohs Co. The suit alleges the council acted in "an ar- bitrary, capricious and unreasonable" man- ner Feb. 3, 1987, by voting 4-1 against a com- mercial zoning request for Bieter's proposed $50 million, 735,000 square foot retail center on about 95 acres southeast of the intersection of I-35E and Diftley Road. ANOTHER COMPANY THAT BUILT A SENSE OF OWNERSHIP 4111111... 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The bad news, however, is that the city might face new litigation brought by Federal Land officials, who reportedly threatened to sue if the O'Neil cases are not settled to their satisfaction, and from the developers of the first phase of proposed Cliff Lake Galleria and Tower. The previous Eagan City Council voted 3-2 Dec. 2 to approve a revised preliminary plat application for Cliff Lake Centre, the first phase of the $100 million mixed -use project proposed by Ryan Properties Inc., Min- neapolis, and Hoffman Development Group, Edina. The preliminary plat was approved despite neighborhood opposition, a 4-1 vote by the Eagan Advisory Planning Commission recommending the application be denied, and the expected opposition of the incoming council. In addition, the council voted 3-1 Dec. 17 that an environmental impact state- ment (EIS) not be required for Cliff Lake Centre. And at a special meeting Dec. 30, three of the outgoing council members reconsidered and again granted preliminary approval for the Ryan/Hoffman proposal. Mayor -elect Victor Ellison, who didn't attend the special session, criticized the actions taken at what was expected to be a routine meeting. The Dec. 30 actions might preclude the new coun- cil from reconsidering the Cliff Lake preliminary plat. The new council, sworn in at the Jan. 5 meeting, agreed to settle two of the O'Neil lawsuits and voted 3-1 to approve several resolutions rescinding support for a propos- ed Target department store at the Cliff Lake site. Target switched to the Ryan/Hoffman project after the TCK zoning change was rejected. Since the city has previously been represented by the Larkin Hoffman Daly & Lindgren law firm — the same firm represen- ting Ryan/Hoffman — the new council also voted Jan. 5 to hire the Maun Green Hayes Simon Johanneson & Brehl law firni of St. Paul to represent Eagan in dealings with the Cliff Lake developers. The council also scheduled reconsideration of the EIS ques- tion for Jan. 19. What have the new council's actions ac- complished'? As this edition s cut to press, there was still disagreement. Some say the ac- tions block the Cliff Lake project, but William J. McHalc, Ryan Properties vice president of development, disagrees. "We're going forward." McHale says. Calls to an attorney for Ryan/Hoffman were nut returned before this edition went to press. —Murray n,dJ Feasibility study ordered for Coon Rapids center Coon Rapids — The Coon Rapids City Council vokA Dec. 29 to authorize a feasibili- ty study for a proposed regional retail center in the northwestern part of the city. As previously reported (MREJ Oct. 12, 1987), Chicago -based Homan Development Co. has purchased a 101.6-acre Coon Rapids site for a proposed four -anchor, 900,000 to 1 million square foot regional center. The center would be developed on about 80 acres through a limited partnership with The Center Cos., Minneapolis. About 21 addi- tional acres have been targeted for peripheral development. Last month's city council action authorizes BRW inc., Minneapolis, to study the feasibil- ity of infrastructure and highway improve- ments in and around the project site, a trian- gular parcel bounded by U.S. Highway 10, County Road 242 and Round Lake Boule- vard. BRW also will likely be asked to prepare an environmental impact statement for the proposed center, tentatively dubbed Riverdale. The studies should be completed in about one year. Homan officials say Riverdale probably would be developed in phases, with initial construction to consist of up to 700,000 square feet of retail space, including two department store anchor tenants. Phase one would open in the early 1990s. jopinion Lake's tranquillity is bliss ot much can beat a relaxing weekend at a lake cabin. That was clearly the case as I watched the radiant red glow of the summer sun melt into the shimmering waters of a north- ern Minnesota lake. Cherishing the view from the boat dock, the sun seemed to set like it never had before, and like it never will again. The sky was an open canvas filled with a brilliant array of colors that no painting or pic- ture could do justice. For the first time all day the lake was actually quiet, the silence broken occasionally by the call of a loon or the putter- ing of a motorboat. The still- ness was serene and served as the perfect antidote for the hus- tle and bustle of the everyday life I had left behind in the cit- ies. Normally used to the sounds of busy streets, noisy neighbors and television and radio jive, it was wonderful to hear just the rippling of the waves and the crackling of a campfire. The cool fresh breeze carried with it the tempting smell of barbecues scattered along the lakeshore. Now, I thought, if I could only bottle this moment and keep it close at hand. In a state well-known for its bitter winters, no wonder the warm and sunny weather of summer is so treasured. The glistening waters of Minne- sota's lakes are too inviting for most to pass up. This was the case for me and my friend, Rachel. It's become a tradition to spend at least one or two weekends at her parent's cabin each summer. Yet it's also become a gam- ble with Mother Nature. More times than not we've had to draw upon our creativity to pass the time over a cold, rainy weekend. This was a trip we had been looking forward to for weeks, or actually months since last EAGAN THISWEEK PUBLISHERS Joseph R. Clay • Daniel H. Clay GENERAL MANAGER and EXECUTIVE EDITOR Bob Temple MANAGING EDITOR Evelyn Hoover NEWS EDITOR Brenda Haugen SPORTS EDITOR Pete Temple DISPLAY SALES MANAGER Cindy Warweg CLASSIFIED MANAGER Diane Henningsen OFFICE: 1525 E. Highway 13 P.O. Box 1439 Burnsville, Minn. 55337 OFFICE HOURS: 8:30 a.m. • 5 p.m. Monday -Friday 894-1111 Sara Peterson summer. Rising bright and early we headed north in an- ticipation of spending as much of the day outdoors as possible. Driving through a few rain showers during the two-hour trek, we began to wonder if we might have jinxed our annual cabin trips. Fortunately we were proved wrong the minute the sun won the battle with the clouds. We raced out to the dock like a couple of kids the min- ute we reached the cabin, anx- ious to get out on the water. The lake never looked so beautiful and the weather couldn't have been more per- fect. "Better take advantage of it while we can," we thought. Before you knew it, the boat was in the water and we were off. Getting away from it all was the goal of our trip. And it wasn't hard to accomplish as the hours of water-skiing, tub- ing, fishing and cruising the lake erased the worries that had once cluttered my head. Funny what a good dose of the great outdoors can do for one's spirits. By the day's end, it was clear that the many months of waiting for this trip were well worth it. Problems had been forgotten and worries cast aside. Besides, there isn't any- thing you can do about them up at the lake, right? And I had no doubt that they would magically reappear when I re- turned home. Although my body ached from water-skiing and tubing, and the sun had made my skin sensitive to the touch, it was a small price to pay for a terrific day at the lake. As evening set in, Rachel and I began to wind down and enjoy the scenery. Tired yet content simply sit- ting on the dock, the lake seemed to stretch out for miles meeting the sky at the horizon. It almost appeared as though the entire world was all right there in front of me. I watched the sun slowly set, like hundreds of times before. But this one seemed extra spe- cial. All of the conditions were right and, most importantly, my worries a mere memory. The fast -paced life I'd left behind added to the apprecia- tion of the sunset, and the en- tire trip for that matter. Escap- ing into a world all its own is really what it's all about. g EA6Ata VLSWri►c, itia/4,/ 94 uest column Proposed sale of cable TV system brings complications By Mike Reardon Cable coordinator, cities of Eagan and Burnsville On Thursday, July 25 the Burnsville -Eagan Cable Com- mission will hold a public hearing regarding the an- nounced sale of Meredith Ca- ble to Continental Cablevision and then subsequently to U.S. West. Meredith Cable, the franchised cable operator in Burnsville and Eagan, an- nounced this spring that it in- tends to transfer its cable fran- chise to Continental Cablevi- sion. The announcement came as no surprise, as the sale had been expected since last fall. However, what appeared to be a straightforward transfer be- came complicated when the commission received a request from Meredith and Continental to also consider the transfer of the cable system from Conti- nental to U.S. West. U.S. West announced in Feb- ruary that it intended to merge all Continental cable systems nationwide into its U.S. West letters Media Operations. This almost $11 billion agreement would merge the country's third - largest cable operator with one of the nation's largest regional telephone operators. The merger is scheduled for the fourth quarter of 1996. Conti- nental currently owns several cable systems in the Twin Cit- ies metro area, including those in northern Dakota County and St. Paul. The two pending transfers provide several serious issues that the commission and its member cities of Burnsville and Eagan will need to ad- dress. Federal law does not al- low for a regional telephone system to purchase and operate cable systems within their telephone operating territory. As a result, U.S. West would first have to receive a waiver from the Federal Communica- tions Commission to even al- low the initial purchase, and then U.S. West would have to divest itself of its Minnesota holdings within 18 months of the purchase. This would mean that all of the Continental sys- tems in Minnesota, including Burnsville and Eagan, would face another new and currently unknown owner by no later than 1998. As Burnsville and Eagan's 15-year cable fran- chise expires in 1998, this is more disconcerting, since the cities would also be involved with the cable franchise re- newal at the same time. Fi- nally, and perhaps most impor- tantly, to what extent will U.S. West manage and operate the cable system during this 18- month interim period, when knowing they will eventually have to sell the system to a potential competitor? The Cable Commission has been carefully reviewing the two pending transfers, within the legally mandated review criteria of legal, financial, technical and managerial qualifications, and will make final recommendations to the cities of Burnsville and Eagan by no later than its Aug. 22 meeting. The member cities will then have to consider the (See Column, p.24A) Voters should remember District 196 pay raise To the editor: It's not really news anymore when voters are betrayed by the unforeseen greed of their elected officials; but it still hurts. It was downright irresponsible when the District 196 School Board awarded themselves an 11 percent pay hike July 8. Voting for a raise not allotted in the budget was bad enough, but such action is particularly distasteful when many school boards have postponed raises for years (Burnsville eight years), and South St. Paul board members unselfishly cut their own pay. Kevin Sampers, recently elected District 196 School Board chair, high handedly and wrongfully precluded a thor- ough discussion of the pay raise issue at the July 8 meet- ing. Unfortunately, such temer- ity is not consonant with effec- tive chairmanship. On the brighter side, Judy Lindsay, whose request for a full discus- sion of this important agenda item was rejected by Sampers, deserves to be complimented for her insight and sense of re- sponsibility. If any School Board members had asserted before election that they would not be averse to raising their own pay regard- less of the budget situation, they most assuredly would not have been elected. And we voters certainly ought to re- member this pay raise incident when the next School Board election is held. RAY CONLEY Eagan $80 won't replace bike destroyed in Eagan accident To the editor: On Saturday morning, June 29, at approximately 10:40 a.m., our 15-year-old son, while riding his bike to his job, was struck by a newer, golden brown Chevrolet pickup truck at the intersection of Cliff Road and I-35E. The truck was attempting to make a right turn onto Cliff Road while the traf- fic light facing him was still red. Our son was in the cross- walk with the traffic light on walk when the pickup struck the rear wheel of the bike. The driver did get out and help up our son, who was bleeding from his hands, el- bows and knees. The driver put my son's bike into the back of his covered pickup truck and drove our son the four blocks back to our home. There he got our son's bike out of his truck and gave him $80 toward fix- ing the bike. He left our son on the driveway, all by himself, bleeding, with his broken bike. He didn't come to the door to try and let us know what had happened or to leave his name and number with us. He just drove away. We are so thankful our son's injuries weren't greater than they are. We also want to let the driver know that our son's Diamond Back bicycle is not repairable because the truck bent the frame to the rear wheel on impact. Our son used that bike to get to and from his job where he earns $5 an hour. He now has to save all over again for a new bike just be- cause you didn't see him in the crosswalk and also didn't leave your name or license number with him. Please do the right thing and at least replace the bike you destroyed. We sincerely hope that you, though $80 would cover the damage, after read- ing this will contact us to take care of replacing the bike. Anyone who witnessed the accident is urged to call the Eagan Police Department ti- pline at 686-1111 or contact us at 454-7205. MARK and BARBARA CARLSON Eagan 4A July 14: 1996 THISWEEK Young sentenced in attempted murder case Randy Leon Young, 23, of St. Paul was sentenced July 9 to 14 years in prison in reference to his conviction for attempted murder in a break-in and stabbing at an Eagan apartment com- plex during the late evening hours of Dec. 7, 1995, according to Dakota County Attorney James Backstrom. Young stabbed a husband and wife when he was confronted in the apartment, and both victims required hospitalization for their injuries, Backstrom said. In addition to the prison sentence that was handed down by Judge Gerald Kalina, Young will be required to make restitu- tion to the victims for out-of-pocket losses for medical bills and other expenses associated with this crime. Backstrom said Young has been in custody since his arrest the day following this incident and will be transferred to Stillwater Prison. Eagan teen dies in accident By BRENDA HAUGEN A 15-year-old Eagan boy was killed June 28 after acciden- tally being struck by a vehicle on Pilot Knob Road, according to Sgt. Jim McDonald of the Eagan Police Department. The accident happened at 9:56 p.m. near Pilot Knob Road and Norwest Court, just north of Yankee Doodle Road. Joshua Andrew Kibler was walking on the roadway of southbound Pilot Knob Road, McDonald said. Troy Michael Larson, 19, of Eagan was re- turning from a pizza delivery, and didn't see Kibler walking on the roadway because it was dark, McDonald said. No charges will be filed in the case, he said. "We have no reason to be- lieve he (Larson) did anything wrong," McDonald said. Kibler was pronounced dead at the scene. Two teen-age friends who were with Kibler were uninjured, McDonald said. He added that he can't re- member any fatal accidents involving pedestrians in Eagan in the recent past. "An accident involving a pe- destrian is very rare," McDon- ald said. 11613:15w 0110014DS GOLD WEDDING LLD DS DIAL CLASS RINGS CNpINS F Don't give your gold and diamonds away to a PAWN SHOP. S*ep in Today! Apple Valley JEWELERS 432-7777 14810 Granada Ave. W. LOCATED Across From GREENSTREETS and A.V. POST OFFICE on 147th INTERNET ACCES5 Summer Special! 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Burnti‘ille 435-8585 Town Centre Eagan 456-9454 Photos Courtesy of Heritage Photography 1 + THISWEEK July 14, 1996 3A f 5lylI- ck-tAytiy14- '‘;"/ BRIDGING THE GAP: FROM COUNTRY TOWN TO SPRAWLING SUBURB Suit jeopardizes road improvement funds By Sue Hegarty Staff Writer A prominent Twin Cities home builder, who sued the city of Eagan over the collection of road improvement fees, will take his case to a Minnesota Court of Appeals. Joe Miller, lead plaintiff in the "Country Joe" lawsuit, con- tends the city has no authority to charge builders a road unit charge when they apply for a city building permit. After losing his case in Dako- ta County District Court, Miller filed an appeal. If he wins, more than $3 mil- lion that the city collected from builders since 1987 may have to be paid back. But paid back to whom, said city officials, assuming that the builders passed on those costs to their clients. "If Joe wins, would the money be passed on to homeowners?" asked City Administrator Tom Hedges. Miller said cities have no au- thority under state statute to impose such a fee, which he called an "impact fee." Legal counsel for the city con- tends, however, that it has im- plied authority under the Mu- nicipal Planning Act which al- lows cities to col- lect fees "to pro- mote the public health, safety and general wel- fare" of its resi- dents. "These subdi- visions would not be where Hedges they are today (without the road unit charge,)" Hedges said. "Their success is built on our infrastructure." The road unit charge is used to help fund construction of major roads leading into new de- velopments. Since 1978 the city has col- lected $5.8 million through road unit charges. The plaintiffs are requesting about $3 million in refunds. The statute of limita- tions prohibits them from seek- ing reimbursements dating ear- lier than 1987. As fees are collected, they are deposited in the city's major street fund, along with munici- pal state aid funds and special assessments. The current fund balance in the major street fund is $10.5 million, said Finance Di- rector Gene VanOverbeke. As Eagan's population rapid- ly grew and developers proposed housing or commercial develop- ments on what used to be open fields, the demand to build arte- rial roads increased, Hedges said. For example, $2.85 million from the major street fund may be used to pay for a portion of the $8.6 million for Promenade -re- lated road improvements, said Tom Colbert, public works direc- tor. Promenade is the proposed 120-acre Opus Corp. develop- ment at Interstate 35E and Yan- kee Doodle Road. "We have to build (roads) and we have to build it now. Not hav- ing roads is not an option," said Joanna Foote, Eagan's commu- nications coordinator. Besides Miller, other plain- tiffs named in the "Country Joe" lawsuit are William Huttner Construction, Thorson Homes, McDonald Construction, Key - Land Homes and Feature Builders. They have not filed as a class action lawsuit and no court date has been set. A simi- lar lawsuit is pending with the city of Apple Valley. Judge rules for Paulucci in suit over condemnation Associated Press Duluth, Minn. Businessman Jeno Paulucci has won a court decision in his legal fight with the city and Lake Superior Paper Industries over condemnation of his former Chun King food plant. District Judge Charles Barnes ruled Monday that the paper mill's con- struction was not delayed by Pauluc- ci's legal appeal of the June 1986 decision authorizing the city to con- demn Paulucci's land for the mill site. Barnes ordered that Paulucci be giv- en back the $100,000 bond he posted last summer to protect the mill from any damages caused by legal delays. But Barnes denied Paulucci's request that new commissioners be appoint- ed to determine the value of the condemned property. The three real estate experts were appointed by Barnes last fall to determine how much Paulucci should be paid for his land. The judge also denied a motion by the city to amend the condemnation to include two small lots next to the 18.6-acre parcel of land originally condemned. David Sullivan, an attorney for the city, said the lots were accidentally left out of the description of the prop- erty to be condemned. Barnes ruled that, even if the mistake was simply a technical oversight, he could not amend the original petition without a new hearing. Sullivan said city officials had not decided whether to appeal the ruling, ask Barnes to reconsider or file a new condemnation petition for the two lots. "I assume the lots are an essen- tial part of the property and that the city will take whatever action is nec- essary to gain title to them," Sullivan said. Paulucci said he expects the city to appeal the decision. If it does, he'll fight some more, he said. "The battle over the two lots will now start all over again," Paulucci said. "His highness, the mayor, and his advisers, Minnesota Power, will have to draw the battle lines. We're going to battle so badly they will think the other battle was a skir- mish." The oticeholcters, supporLeu uy ��- tive and vocal parents, are trying to reestablish a forceful board that will redirect school administration away from what they see as an overriding concern with desegregation. Instead, the board would focus on promoting educational programs that would re- tain and attract middle-class families. Underlying that effort is a genuine fear that unless something is done about the schools, the middle class will either abandon Minneapolis, or voters will take out their frustrations on the more visible politicians in City Hall and at the state Capitol. Although the coalition's decision to challenge incumbent DFLers is most unusual, it's not uncommon for Min- neapolis politicians to discuss school issues. For years, the city council and the school board have met informal- ly. McLaughlin's bill to change the method of electing the school board was the first public departure from the tradition of separate but civil relationships. The board incumbents and other candidates not endorsed by the coali- tion are doing their best to make a "machine politician" moniker stick Referendum Continued from page 1B would give him more power, but it would not. The changes merely up- date and clarify the city's 1957 char- ter, he said. City and county referendums be- tween Aug. 1 and March 30, 1989, are eligible for mail votes, which also must be approved by Secretary of State Joan Growe. She announced yesterday that she had approved Lu- verne's request, the first under the law sponsored by Rep. Andy Steensma, DFL-Luverne, and Sen. Jerome Hughes, DFL-Maplewood. Growe said mail elections have been well received in Oregon, Washington, California and Montana. In Luverne, ballots will be mailed between Aug. 12 and 14 to 3,000 registered voters. After marking the ballot, each voter must place it in a "secrecy" envelope, and then into a larger envelope with a voter certifi- cate on the back. The voter and a witness — another registered voter, a city staff member, a postal worker or a notary public — must sign the certificate. Voters must return the envelopes by mail — with postage paid by the city — or in person no later than election day. Perkins said about half of Lu- verne's residents return their utility bills in person, so perhaps 1,000 vot- ers will mail their ballots and another 1,000 will return them in person. SVR. Vr, burve Owner's victory over land -use rules: By Dean Rebuffoni Staff Writer How much would you pay for a little fen? If you're the federal government, the answer is $525,000. That's how much it recently paid for a 13-acre wetland in Eagan that includes a calcareous fen, a rare type of wetland. The money — more than $40,000 an acre — went to Luther Stalland, an Edina land specula- tor. He bought the tract for $1,200 an acre in 1970, when he was Eagan's city attorney. The government also paid $236,818 to settle a lawsuit brought by Stalland. That money is to compensate him for losses incurred during the six years in which federal environmental regu- lations allegedly prevented him from gaining $58,600 an acre any economic value from his property. The total payment: $761,818. Put another way, federal taxpayers anted up $58,600 for each of those 13 boggy acres, which will become part of the Minnesota Valley National Wildlife Refuge. The Justice Department agreed to the settle- ment, even though some federal officials had argued that Stalland's land had an assessed market value about one -tenth of what he claimed it was worth. The case exemplifies a growing national con- flict between land regulators and private prop- erty owners, and that's the subject of three major suits expected to be decided by the U.S. Supreme Court this year. Fen continued on page 5A Monday, February 24,1992 55th day; 311 to go this year Sunrise: 6:59. Sunset: 5:53. Wet snow likely, diminishing to flur- ries; high near 30. Index/ Comics 4,5E Obituaries 4B Movies 10A TV, Radio 6E Complete index 2A Circulation 673-4343 Copyright 1992 Star Tribune Volume Xi Number 326 6 sections •£66! 3o pua ayi a103aq suo1laaia Mau loadxa lou saop ay imp pairatpu► sey 3r►pnog •sdwro uonualap ui 000`s Suipioy Oi siiwpe luaululano2 ays •yinos ayi ui uasap ,Sidwa ayi ui do las sdwro uon -ualap of pan0w ways 3o tiuEui `)130M 1SEI palsa11E a.aM slailoddns si! 30 00017! min swirio `ueq of panoUI set! awiSal Mau ayi yoi4M `1uo13 ay! 6.•yue3 uo uanEay sasiwold' yoi4M `1uoid uonenles 0! -welsi ay11o3 undo punoiS ay1 sansi slap pud awoo 01 oilgnd ayl loadXa n0,( Ueo Mou Uaul `aslnoo aui ay1 wo13 paloalold aq pinom ,Salunoo ayi puE pa.lnunu aq pinoM soul -snpui 101oas oggnd iry1 paziseydwa a1r1S 3o aaillwwoJ y$!H lagwaw -ang ayi 3o luapisald 3eipnog loamy -0V4 `twos papa/tun aq wi ueld oiwou -ooa Maur 3o siroS ayi Suiounouuy • (wouooa un1 -31E1s `lueuStls saeua$1d Suilluewsip 01 Sawoo a uayM pip awi2al 1Sei ay1 vein 'um ieail11,0d a10w /SUe Su1AEy30 su21s Mai smogs i 1 •uEr uoneuSisal pao.io3 sapipafpuag i1PegJ luapisald lour pailElsui luawulanOB lagwaw -ang Mau ayi 1eg1 si slauenb 'Cum! MOIL. 4nvn %fiTiTn1 aSeSsaw aui 13A wleio ,(l1unoo ayi tiro Moll :s! Sunise ale suruaSid Amu uoiisanb atu, •rlryrS ayi u! sdweo uosud Oi 33o pailonli S10M0 j03 Sii 3o spursnoyi uaas sey suoiioala luao -a1 ism ayi uoM leyl ,Cued oiwrisi ayi aliyM `airs suiewal douloowap ieyi wiei3old o1 mom ayi punolo payoiedsip uaaq an0y sauessiwg •azEad ou `SOM ou 30 aleis snoueoa.d E u, suiewal euaSld luawulano8 ayi IMMO 1001 r(uu0 ayi law wow a u0yi aloyv „.A! a,•saiuEd ay11iO3o avil wo110q ayi si 1eyn+ [jo] asuas o set; ,Spoq,(1a -Aa„ 1ai3e Ciuo ui dais pinoM mug leyi paloipald `aininsui uoiSutys0M ayi 30 loioanp aniinoaxa `>l Cpui uil -101A1 ing •sapis oMi ayi 3o suoiusod ayi a8puq of al!! P1noM ay p1Es `1a -S!Apo UE1u11SaIEd 10!UaS E `iuia5Sni-i l0SieA of a2Essaw IUaoal E ui 'Meg •asuodsal papEtap E apinold snows' ayl puE aln131as 1Eoo1 103 lesodoid 11ayi ino ysag su0luiisa1Ed ayi pa -pinold `a101 anpaOSSE aloes E Auld 02 ,(prat aq ,(ew `Mot !pun s>)!el aooad ayi 30 loliuow ,(a)I-mo! E `1a)1Eg 110015i 3o pun! 1EyM aas of ILEM sapis l!e uo sap.rrd se mei ao0ad ay1jo Su! -Huss ienuin E of pea! moo salnssald impala awes asoyi pies sISA IUud •airato pinoo it swaigoid u$irduieo 1ofIw ayi 3o asnooaq ,Cia)liun si ap!s iayiia uo uoilisod jo Suiuoijos E pits Slan1as -qo layl0 put Sietuta ip put `suSiod -weo uoilaala ui paSRSua a1e Sluaw -waraa !I3Elsi puE •S•!1 aqi Tog .pies uaw1O „`anssi siyi uo luawaa. S0 ue 1o3 yo1EaS ayi u! airiad000 O1 pauilo -ui 1a8u01 ou S! uoii0l1S!uiwpE •s•fi Jets OUl FepJnjeS U6noigl AepunS pags!Ignd (0l6/Zl/Zl) (5Z8Z-5680/NSSI)(00Z-l5E/SdSn) ENV-EL9 3NA81a1 UVJ. Jol!pe 9Ul of sielle! 'Aielueww03 'sieuol!P3 seBed leuol!P3 LLIS-L94(ZOZ) VVEL-LZL(8I.Z) 9S90-LZZ 09VV-EL9 VLVV-EL9 neeang uol6u!yseM neeang glnind neeing tried •1S enllelueseidea s,aepeelj sd!l sMBu podia' of woolsMON LLLL-EL9 000L-CL9 6u!s!Uenpe Aeids!p spe pa!1lssei3 Bu!s!1lanpy Appeals court rules in favor of buildFS By Sue Hegarty Staff Writer A ruling by the Minnesota court of Appeals could cost the :ity of Eagan more than `$3 mil- lion and result in a class action lawsuit involving cities state- wide. On May 21, the state court overturned a district court's rul- ing affirming Eagan's right to charge builders a fee for street maintenance and construction. The fee is charged when develop- ers apply for a building permit. In the appellate court judges' opinion, the city lacked statuto- ry authority to impose such a fee. The case sets a nreeedent in Minnesota. Joe Miller, lead plaintiff, and several other builders have paid the fee for 17 years as Eagan grew. Developers also have filed suit against the city of Apple Valley for a similar fee, but the Apple Valley case has been put on hold until the Eagan case is settled, said Gerald Duffy, the plaintiffs' attorney. Both parties have agreed to settle the legali- ty of the fee before certifying whether the case will become a class action lawsuit. If the builders win, Duffy said other cities that impose similar fees can count on being sued. Eagan Administrator Tom Hedges said the city and the League of Minnesota Cities In- surance Trust plan to appeal the latest ruling to the state Supreme Court. Eagan argued that it has im- plied authority under the Munic- ipal Planning Act. Duffy said the problem with implied authority A plow ei . To Page 12A Great Stuff Insulating foam sealant caulks, seals, fills and insulates, indoors and out. Helps keep out pests. 12 oz. (2453-918) �i ■'� r Bloomquist's Tip of the Month: To avoid an accident with power drills, tape the chuck key to the cord near the plug end. That way the tool must be unplugged to use the key. 0 Hours: C Mon. -Fri. - 8-8 OWN -HARDWARE •T, A J.. Sat. - 9-5 • Sun. - 104 BLOOMQUIST HARDWARE ®° NOW located at Towne & Country Square • 1998 E. Hwy. 13 • Hwy. 13 & Cliff Rd. , � R90-2828 V I.a1C1 uy oalianaug, aataal4o aaa.. ....1. _.. sions of jubilation washed over the young crowd that filled the right side of the council chambers. After 18 months of research and fund-raising, the teenagers' visions of a skate park could begin materializing. "Finally we're going to get our own place to go," said Jordan, who lives in Minneapolis but will get rides to the skate park from his mom or 21-year- old John Schmit, also of Minneapolis. "It's a perfect location," Schmit said, commenting on the proximity to Interstate 35W. The pair, friends of Josh, were among those whn ra ma f.. 4n facility this summer, Josh said. he is unsure of the opening date. Meanwhile, fund-raising efforts continue. A concert, featuring several local rock bands, will be June 15 in the Civic Center Park amphitheater, east of Nicollet and south of 130th Street. In approving the facility, the coun- cil reserved the right to review it each year and end the lease if problems arise. A $1 million insurance policy held by the skate park assumes all re- sponsibility for the facility and removes any liability on behalf of the city. Once complete, the skate park will ha nnan from Mnv thrnncrh Santamher. &me-two-yr (;/--/94, Appeal: Other cities watch closely From Page 1A is "where do you draw the line?" In the 1970s, Eagan recognized the need to plan for its road system to keep pace with its rapidly growing population. Three sources of financing were identi- fied — state, county and city property tax dollars — and put into a Major Street Construction Fund started in 1977. How- ever, the funds fell short of projected costs, so engineers proposed a "road unit connection charge." In 1978, the road unit fee for a single-family residence was $75 and by 1994 the charge was $410. If the state Supreme Court refuses to hear the case or also rules for the plain- tiffs, Hedges said it's likely that property taxes will go up in Eagan to pay for road construction. Although the fee was charged for 17 years, the builders can sue for damages for only the past eight years. Besides Miller, other plaintiffs named in the "Country Joe" lawsuit are William Huttner Construction, Thorson Homes, McDonald Construction, KeyLand Homes and Feature Builders. As it now stands, the estimated $3 million in damages would be a "windfall" for the builders, said Hedges. But who should rightfully claim damages, if the city loses. The homeowners are the ones who probably had the fee passed on to them from the builders, he said. All that will be determined after the suit makes its way up the ladder of the court system. The state Supreme Court can agree to hear the case and render an opinion or if it denies it, the appellate de- cision stands and the case is returned to district court to settle class certification and damages. Torch: Rosemount, Eagan peop From Page lA during an athletic event. Forkenbrock called to tell them of the time she was skiing down a mountain in Montana. As she followed a man, who she said skied better than her, he veered off to a jump. She didn't make the turn, hit ice and rammed into a tree. The next thing she remembers, she said, is him digging her out of the snow, falling on top of her broken leg, and her screaming out in pain. That tale earned her the chance to join 100 other contestants in drawing candles out of a large Coke bottle. The person selecting the red candle would be the relay runner. At first Forkenbrock ;aid she wasn't going to attend the can- 1- drawing event because she wasn't "Mike's very active as a race volunteer. He epitomizes people in our community who are out there volunteering." -- Jan Vanderwall Ajayi, a native Nigerian and natural- ized citizen of the United States, man- ages a cocoa business in Nigeria and flew 6A. Monday/February 24/1992/Star Tribune • 50% Off PRESCRIPTION GLASSES LONDON FOG • OLIVER WINSTON • ASHLEY STEWART Sale includes most frames and lenses. Purchase of a complete pair of prescription eyeglasses required. No other discounts apply. Ask optician for details. Offer expires February 29, 1992. Southtown Center 885-1046 Northtown Center 780-7437 3545 W. Broadway 520-6437 Highway 7 & Texas Ave. 931-1437 St. Paul: Rosedale Center 631-6837 1400 University Ave. 647-2137 Montgomery Ward Optical Department FV1' EXAMS • VTSTON CARE PLANS • OVERNT(1HT SFRVTCF Coping with the new era of arms contracts State businesses look to prototypes and foreign sales By Cliff Haas Washington Bureau Correspondent Washington, D.C. Toby Warson, a former submarine commander, likens his old job to his current post as president and chief executive officer of Alliant Techsys- tems, an Edina -based defense con- tractor spun off from Honeywell in 1990. "It's ... very similar to commanding a submarine in waters where the charts are not very good. We are charting and surveying as we go," Warson said of the military hardware business in an era of shrinking Penta- gon budgets. James Hayes, who spent nearly 30 years in the Army before retiring in 1989 as commander of the Army's commissary system, now tries to help small businesses in Minnesota snag military contracts. He sees opportu- nities for small businesses in the new environment after the Cold War. With the government's flow of de- fense dollars drying up, businesses large and small are trying to cope with the new world. For some, such as Alliant, it means expanding foreign sales; Alliant sells torpedoes, bombs and training am- munition overseas. Warson said that about 8 percent of Alliant's business comes from foreign customers. He hopes to double that. "I don't think that the demise of the Soviet Union will change much in terms of countries around the world arming themselves to defend them- selves," he said. To cut costs, the Bush administration is contemplating a new strategy that calls for shutting down production of big -ticket weapons such as planes and submarines while continuing to fund research upon which the next generation of weapons would be based. However, the government is not promising to buy the weapons. All that creates a problem for large companies, which derive their profits from high -volume production rather than research and development. Warson said scientists and engineers "get their creative juices flowing out of the idea that they're going to de- velop something that's going to be built." He added that it will be diffi- cult for defense contractors to attract new talent "with the idea that you're going to do nothing but" develop designs that are never produced. Another problem Warson sees is that "if you develop something and don't produce it, the chances are that when you want to take that design off the shelf, you will be unable to produce it because nobody is still in business who makes the components" for it. "And if you never produce this in the first place, you don't know whether you can produce this." But this is an area where Hayes sees opportunities for small business. As executive director of the state - sponsored, nonprofit Minnesota Pro- ject Innovation Inc., he looks for areas where small businesses can take advantage of the government's needs. A new procurement policy could pro- vide opportunities. As the larger defense contractors get smaller to maintain profits, they will contract out some things that previ- ously were done in-house. In addi- tion, with more emphasis on research and development rather than produc- tion, there is an opportunity for smaller businesses to produce proto- types and develop data packages profitably. "There's a lot of good that can come to small business simply because of what's going on in the big -business world," Hayes said. However, declining military spend- ing could be a problem for small companies that are not in high tech- nology, the businesses that supply everything from boots to furniture for the armed forces. "As the troop strength goes down, there's going to be less demand for a lot of those common support -type items," Hayes said. "And if some of those small firms aren't diversified, then I think they might be in trou- ble." Cold War/ There's no shortage of spending ideas Continued from page lA could be a loss of 2 million military and civilian jobs, or more, by 1996. That is bad news for a recession - wracked economy and frightening news for politicians heading toward Election Day. rine program. In response, the Elec- tric Boat Division of General Dy- namics Corp., the largest employer in Rhode Island and second largest in Connecticut, has announced layoffs of up to 4,000 employees by year's end. ther than what the president pro- posed." Sabo and others say there will be a fight because the adminis- tration has not provided a rigorous rationale for some of the most costly items in the budget. Meanwhile, Edward Kennedy, D- A�� lo.As� .Ftho 1ik ral for military personnel with 15 to 20 years of service, additional retire- ment credit for those who go to work in such fields as education, health care or law enforcement and retrain- ing of military employees for jobs in the private sector. Congress earmarked $200 million last year in assistance for communi- ties hard-hit by defense cuts. Millions of dollars more are expected in this year's budget. "All of us recognize that defense cuts don't come cheap," Rep. Leon Panetta, D-Calif., chair- man of the Budget Committee, said of the job losses stemming from wholesale reductions in military spending. So, savings from defense cuts may be offset by the costs of transition pro- grams. Therefore, members of Con- gress may soon be in the uncomfort- able position of making decisions about canceling weapons, reducing personnel and closing bases for the sake of savings that will be small initially and could create a good deal of economic and political pain. There are also certain to be questions about the wisdom of creating waves of layoffs in the name of freeing up resources to help people without jobs. Les Aspin, D-Wis., chairman of the House Armed Services Committee, even has suggested that it may be necessary to buy some unneeded weapons to keep production lines open and people employed. He ar- gues that the defense industry cannot be left to free-market forces. All the tension related to cutting the defense budget could mean that Con- gress may settle for slowing down and stretching out cuts to allow de'- Star Tribdne/ Monday/February 24/1992 ■ 5A Chronology of a case Following is a chronology of the wetlands -development case that resulted in a $761,818 payment to the developer by the federal government: 1970: Beur6-Co., a limited partnership owned by the Luther Stalland family, buys 25 acres of wetland in Eagan for $30,000 and persuades city officials to rezone the tract to allow development. Stalland was then the city attorney. 1977: State condemns 12 acres to widen Cedar Av. and build a bridge across the Minnesota River. Beur&-Co. gets $67,00 in compensation. 1984: Beur6-Co. enteisnto a 1 purchase agreement with a company to sell six of the remaining 13 acres for $240,000. The buyer plans to build a small warehouse. Beur6-Co. applies for a permit to pour soil on the proposed warehouse site, which includes part of a rare calcareous fen. 1985: Army Corps of Engineers requires a close environmental review of the project. The company that planned the warehouse backs out of the purchase agreement, citing the 1,"••..e7 or.t;^n Rr+nr4.C'n_ has to Fen/ Just compensationquestion may be answered Continued from page 1A The court's decisions could have major implications for landowners, developers, environmentalists and government regulators. A basic issue before the court is whether land -use regulations deny some landowners the effective use of their property without "just compensation," as the Constitution requires. That could mean anything from fed- eral regulations intended to protect wetlands, as was the issue in Eagan, to state land -use rules and local zon- ing ordinances. Although lower courts ruled against landowners in each of the three suits, property -rights advocates have been encouraged by the decision of the conservative -leaning Supreme Court to review the issue. But that worries ; environmentalists, who already con- :: fiend that the Bush administration wants to gut land -use regulations to appease property -owner groups. But environmentalists concede that, in certain cases, government agencies bear some liability for having "tak- en" private property. Simply put, by restricting use of that land, agencies deprive the owner of a certain amount of economic benefit. Decid- ing the extent of the deprivation is what frequently divides the two sides, and property owners are in- creasingly turning to the courts to resolve the dispute. BLO(DM[NGTON Minnesota River 1/4 mile Star Tribune map judgments)," said John Echeverria , counsel for the National Audubon Society. "If the government can buy land for a cheaper price that it would have to pay in a final court judgment, it might make sense to do that." The Audubon Society is supporting South Carolina in one of the cases pending in the Supreme Court. South Carolina is being sued by David Lu- cas, whose plan to build a home on his beachfront property was blocked by state environmental law. He sued for compensation, charging that he was denied economic use of his land. t1.2 million by a mate use of the government's "police power." It also ruled that the state's control over private property served important public purposes such as environmental protection. The Eagan case is similar, but was resolved without a final decision by the U.S. Court of Claims in Washing- ton, D.C., where Stalland filed his suit. The plaintiff was Beur6-Co., a limited partnership now owned en- tirely by Stalland. He bought 25 acres for $30,000 in 1970, when he was Eagan's city attor- ney, and persuaded city officials to rezone the tract from "agricultural" to "light industrial," thus allowing for potential future development. Stalland resigned from the city post in 1972. He got $67,000 in 1977, when the state condemned about half the tract for highway construction. Stalland then planned to fill part of his remaining 13 acres with soil to allow private development. That aroused area residents, who charged that the project would harm natural resources, including the calcereous fen. Because of their unusual chemi- cal characteristics, such fens can sup- port certain rare plants. The Army Corps of Engineers denied Stalland's request for a permit, saying the project's potential benefits would be outweighed by its harm to the environment. In 1985, at the start of the feud with the Army Corps, a professional ap- Corps stressed that the wetland had an assessed market value of $50,600 at that time. But the Corps conceded that it was arguable whether that figure repre- sented the price that Stalland could obtain on the open market. The tract obviously had potentially high com- mercial value because of its strategic location near a busy highway in fast- growing Dakota County, and Stal- land once was offered $240,000 for about half the tract by a company that wanted to build there. The deal collapsed because he couldn't obtain the federal permit. Stalland then sued the government. But his attorney, Thomas A. Larson of Minneapolis, stressed that Stalland did not challenge the legality of the Army Corps' denial of the permit. Rather, Larson said, the suit charged that the Corps' action "amounted to a taking of private property without just compensation." That is, by not allowing construction, the govern- ment had "taken" Stalland's property without any compensation. The Justice Department asked that Stalland's suit be dismissed. The re- quest was denied by Claims Court Judge Roger Andewelt. In a written opinion, Andewelt said he "cannot conclude that the (Army Corps' decision) left open economi- cally viable use" of Stalland's wet- land. He also said, "It is possible that additional facts may ultimately dem- onstrate that the Corps' decision has ^^* rianr;vedi (Stallandl of all benefi- to examine the economic effects of the Army Corps' actions on Stal- land's ability — or inability — to profit from his property. That appar- ently was a strong signal to federal attorneys that the judge, rather than they, ultimately would decide how much Stalland might receive. That led to settlement negotiations with Stalland, and the government recently sent him a check for $761,818. Stalland, 65, is now semiretired from practicing law. He was asked last week if he thought the money was adequate compensation. "I have to say that I am somewhat satisfied. The thing that really dis- turbed me was the amount of time it took to conclude this thing. It's in- credible that the government did this to me for six years." James Brookshire, a top Justice De- partment attorney, also was asked to comment on the settlement. In a written statement, he said: "The department routinely evaluates its cases from a settlement perspec- tive. This has long been an aspect in `takings' litigation and it is unre- markable that regulatory takings law would be approached the same way. Not all cases are settled but some are." FEderal 8-8953 UNIVERSITY ACCEPTANCE, INC. 2910 UNIVERSITY AVENUE S. E. MINNEAPOLIS 14, MINNESOTA March 10, 1961 Luther M. Stalland Attorney at Law Suite 1400, Rand Tower Minneapolis 2, Minnesota Dear Sir: With reference to the building permits issued to cover the new truck terminal on Lexington Avenue, our records indicate that a maximum cost permit of $150.00 was taken out at the time of application. Later a garage building costing 021,500.00 was added by the renter and a permit costing $21.50 was taken out by them. This later fee was paid to Mr. Polzin. The original bu additional 021, surveys, archit bring the total Dakota County T RFN:hgh ilding cost $187,000.00 and the garage an 500.00. These figures, plus cost of land, ects' fees and miscellaneous items would to about 0254,000.00 as indicated in the ribune . Very truly yours, UNIW PSTry ACCEPTANCE, INC. . F^• Wittgra'. c_. eratt-z LUTHER M. STALLAND ATTORNEY AT LAW 1745 RAND TOWER MINNEAPOLIS 2. MINN. June 4, 1959 Mr. Arthur F. Rahn Chairman, pagan Town Board Route 1 St. Paul 11, Minnesota Dear Art: The question of special meetings of the Board of Supervisors being held without any prior notice has been raised by electors of the Township, with particular reference to recent meetings held by the Board relative to the Jandric development. Minnesota Statutes Anno- tated Sec. 366.01 provides in part as follows: "The supervisors of each town shall constitute a board to be designated 'the town board of ...', and any two shall constitute a quorum except when otherwise provided. The supervisors shall have charge of all the affairs of the town not by law committed to other officers...." FEDERAL 6-2831 In State Bank of Barnum vs. Town of Goodland (1909) 109 Minn. 28, 122 N.W. 468, it was held that a formal notice of a meeting of the town board was not essential where all the members of the board were pre- sent at the meeting and participated in the proceedings. It has also been held that even a single member of a town board can assume certain authority and perform certain official acts on behalf of a town which will be valid if subsequently ratified by the board of supervisors. Apparently what the electors are referring to are special town meetings, as distinguished from special meetings of the Board of Supervisors. Minnesota Statutes Annotated Sec. 212.03 et seq provides for the call- ing of special town meetings in which case ten days posted notice must be given. This, however, does not apply to special meetings of the Board of Supervisors. To be on the safe side, I would suggest that in the future where a quorum, i.e. two members of the Board are present only, that a waiver of notice of such special meeting be obtained at least from the absent member of the Board. This is usual procedure of boards of directors of private • Mr. Arthur F. Rahn corporations. - 2 - June 4, 1959 It should be born in mind that there are certain acts which cannot be legally performed by the Board of Supervisors without first obtaining the authorization from the electors at either the annual meeting or a special meeting called for that purpose. In my opinion to you dated April loth, 1959 I believe I covered the power of the Board of Super- visors to enter into franchise agreements such as those with Cedar Grove Utilities Company. It is therefore my opinion that no posted, published or other formal notice of special meetings of the Board of Supervisors is required or necessary to the conduct of lawful business by the Board of Supervisors at any special meetings thereof. YouriAery truly, LEIS: cag cc - Mr. Louis Trapp Route 2 Rosemont, Minnesota Mr. Edward Schwanz Route 1 St. Paul 11, Minnesota Mr. Louis Fischer Route 1 St. Paul 11, Minnesota /4' EAGAN HRON/CLE a Current newspaper Week of May 13, 1985 Vol. 6, No. 20 Bringing you the news of the people, the neighborhoods and business of Eagan TWO SECTIONS Storage garages Plan pits developer against Nicols Road residents by Tim O'Donnell Plans for warehouse -storage garages in Eagan have pitted a developer's private property rights against nearby residents' wishes to preserve the environment. Peter Stalland of Norse Development Co. wants to build the garages on about 9.3 acres of a 13-acre tract he owns south of the Minnesota River between the Cedar Freeway and Nicols Road. He said the project is suitable for the light industrial zoning of his property. Mary and Sheldon Ram- narine of 3785 Nicols Road live a couple hundred yards south of the site and do not want brick buildings and extra traffic to replace a wetland and the wildlife it supports. Amid the battle is the U.S. Ar- my Corps of Engineers, which claims jurisdiction in the mat- ter because it is enforcing the federal Clean Water Act. Before deciding whether to grant Stalland a permit for his project, the Corps will have a public hearing at 7 p.m. Mon- day, May 20, at Eagan Municipal Center, 3830 Pilot Knob Road. Stalland said the property, which he has owned since about 1970, has been zoned since 1960 for light industrial use. Even after extensive review and en- vironmental assessment before the city and the Metropolitan Council adopted Eagan's com- prehensive land use guide in the last couple of years, the zoning remains unchanged, Stalland said. "It's hypocritical for all the environmentalists to complain now over something that's been set for so many years," Stalland said. "They should have complained when the city adopted it (the comprehensive guide) ." The Ramnarine's disagree with the zoning and are fighting the project. They have solicited support of public officials from the local to the federal level to save what they have been told is a protected wetland with abun- dant wildlife and endangered plant species. "It's so close to the river, it would be a shame to see it all built up," said Mary Ram- narine. "We feed the deer and they come right up to our driveway. We go through about 150 pounds of corn each month feeding them, but we don't mind it a bit.' She has enlisted the support of about 300 area residents, many of whom have signed peti- tions, sent letters and pledged to appear at the public hearing. "It was shocking to find peo- ple didn't know what was going on," Ramnarine said. "When they found out the location (of the proposed project) they were appalled that this was going on, and their response and support was overwhelming." Stalland said he would be hap- py to build the project elsewhere, but state and federal governments will not buy his land, which he said is worth about $500,000. "When the federal govern- ment comes in and disregards local zoning laws and claims the land is a valuable resource — which we contest — and if they preclude you from any use of the property, they should com- pensate you, because it's a tak- ing, under the Fifth and 14th amendments to the U.S. Con- stitution," Stalland said. The Clean Water Act should be declared unconstitutional because it contains no provision for condemning land and pay- ing the owner for it, he said. "The constitutional issues are just very important here. The government is being ar- bitrary and arrogantly power- ful without the option of con- demnation," he said. Stalland also said the Corps is ignoring a federal court case five years ago that involved land in Maplewood classified the same as his. U.S. District Judge Miles Lord decided the land was not indeed a wetland and therefore not under the Corps' jurisdiction, Stalland said. He plans to sue the Corps if it denies issuing a permit. Steve Eggers of the Corps said natural springs in the site saturate the soil and support wetland vegetation, some of which the Minnesota Depart- ment of Natural Resources (DNR) has determined to be threatened plant species. The site also is part of Nicols Meadow Fen, one of 21 fens found in the state, Eggers said. A fen is an area where water bubbles through limestone. creating a special habitat for rare plants, such as lady slip- pers or shrubby sink foils. Much of the Nicols Meadow Fen was destroyed when new Cedar Avenue was built, Eg- gers said. Destroying the fen stirred much controversy, but the Corps issued the permits because of the highway's great benefit to the public. Similar decisions on balanc- ing public vs. private good will be made in this case, and that bothers Stalland. He said it is another example of "Big Brother" controlling private enterprise by telling what, where and when development can take place. FEATURES: With local school board elections slated May 21, we asked the can- didates about education issues. The District 196 candidates' answers begin on page 14A. Hearing help. page 1B. INSIDE: Opinion 4A District 191 7A District 196 11A Sports 18A Community Calendar23A SOUTIISIDE Offer good thru May 31, 1985 I _ eL APPLE VALLEY HEATING & AIR CONOITIONING. INC. Licensed • Bonded • Insured CALL FOR FREE ESTIMATE (612) 431-7099 __ .. Luning allows an apartment complex, as evidenced by a flurry of failed motions near the end of 90 minutes of discussion with the agricultural to commercial use a 20-acre parcel northwest of the Cliff Road -Rahn Road in- tersection. Federal Land pro - We Know Money Doesn't Grow on Trees That's why we're here. To lend you the money you need for the good things in life. A car, boat, vacation, home addition. We have the money to lend for any worthwhile reason. At competitive rates and comfortable terms. Call or stop in soon. eZt Minn 2 Convenient Locatbns 3900 SIBLEY MEMORIAL HWY. YANKEE DOODLE & PILOT KNOB (NEAR CEDARVALE) (NEAR YANKEE SQUARE) 454-3300 Member F.D.I.C. of Elrene anu v.��.��� and Lexington Place South, southeast of Duckwood Drive and Lexington Avenue. CHILDREN'S CLOTHING Space is now available in EAGAN at the CEDAR CLIFF Shopping Center Two elementary schools were just approved for the district which means plenty of - children! —Only select spaces remain with financial assistance to re- sponsible parties. For more information, call Bob Dalton, 452-3303. Wore! Land Company Custom Countertops for Your Kitchen... By DuraSeauty. Nevamar. Formica. Wilsonart • OAK EDGING AND BACKSPLASH • MICA BEVELED EDGESAND SPLASH SERVING THE BLOOMINGTON COMMUNITY FOR OVER 30 years. Specializing in carpeting, vinyl flooring, wood floors and custom countertops. BLOOMINGTON LINOLEUM & CARPET 9939 Lyndale Ave So In 9900 Shoppes 881-5825 gg Free Estimates —Expert Installation Open 8-8 Mondays thru Thursdays. 8-5 30 Fridays Eagan Chronicle —Week of May 13. 1985 85 FEBRUARY 15, 2003 VOLUME 24, NO. 51 Eastview tops Eagan The Eastview Lightning's top line accounted for four goals and 11 assists in their 7-1 victory over Eagan. See Sports, 23A Th. yan Affordable housing lawsuit against Eagan dismissed Suit was filed by three advocacy groups against city, Met Council by Erin Johnson THISWEEK NEWSPAPERS A lawsuit brought against the city of Eagan and the Metropolitan Council by three affordable housing advocacy groups was dismissed by a Ramsey County judge Monday. The suit was filed in August by the Metropolitan Interfaith Council on Affordable Housing (MICAH), the Community Stabilization Project (CSP) and the Alliance for Metropolitan Stability. The suit alleged that Eagan has intentionally created exclu- sionary housing and has resisted using tools that would set aside land for affordable housing. It also stated that the Met Council has failed to meet its legal responsibility under the Metropolitan Land Use Planning Act (LUPA) to keep cities informed and give them direction on the affordable housing shortage. In October, Eagan and the Met Council filed separate motions to have the suit dis- missed. The city of Eagan maintained that the Legislature did not give any person or group the authori- ty to require a modification of a city's housing plan, and it did not authorize private citizens to bring suit seeking such relief. Ramsey County Judge Paulette Kane Flynn agreed that the advocacy groups did not have the standing to bring such a suit and granted the motion for dismissal for Eagan and the Met Council. According to the city, the lawsuit would have had a seri- ous negative impact on all met- ropolitan cities because they would have been required "to immediately revise" their com- prehensive plans that the Met Council had already approved. "The city welcomes the court's decision to dismiss the suit," said Eagan City Administrator Tom Hedges. "We recognize that the plaintiffs have the right to appeal, but there were multiple reasons for this decision, and we will be www.thisweek-online.com grateful that when this case finally comes to an end, the suit will no longer consume scarce public dollars and time. I think we all agree those resources are better spent working for com- mon goals in our communities." The lawsuit ultimately cost the city $25,000. The city said that it has spent more than $3.1 million dollars on affordable housing in' the 1990s and has committed more than $750,000 for an affordable housing project in 2003. According to the city, the Met Council's final housing per- formance scores for 2002 rate Eagan higher than 128 of the 185 communities listed in pro - See Lawsuit, 5A 2A February 15, 2003 THISWEEK c 1 - DaIrshi doming 5p ng/Summer 2L 1 - Owner You'll Motice the Difference Find it at... 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Lease Loyalty $IAO Warrant 7/70 Retail $33,335 Value Pkg. - $520 Rebate - $4,000 Match Rebate - $1,000 Discount - $2,816 s24,999 Your Down Payment - $1000 S7IP AAA Biggest Minivan Discounts Ever! $3,000 Rebate or 0% - 60mo. + Factory to Dealer Incentive Low, Low Lease Payments! 2003 DURANGO SLT PLUS 4X4 LEATHER - HEATED SEATS, AUTO, AIR, REAR HEAT St AIR, RUNNING BOARDS, POWER SEATS, PWR. (WIND., LOCKS, MIRRORS), 3RD ROW SEAT, TRAILER TOW Lease Special $439/48 mo. Lease Loyalty Retail $37,225 Value Pkg. - $210 Rebate - $4,000 Match Rebate - $1,000 Discount - $3,236 '28, 779 Your Down Payment Signs/from 1A been very supportive of our troops, that that is not the mes- sage you want our troops to see when they're getting ready and deploying," Deb said. "We want to support them and our adminis- tration." The Repyas decided they wanted to provide an alternative message. So they brainstormed and came up with a sign that reads, "Liberate Iraq/Support Our Troops." "She (Deb) heard me rum- bling a few words under my breath and she said, `Doggone it, we ought to do something. We ought to put out a sign that shows support to the troops,"' he said. "So we came up with this idea and found someone who was interested in printing it." The response to the sign has overwhelming. The signs have been covered by every local T.V. and radio sta- tion as well as newspapers. The Associated Press picked up the story, and soon the Repyas were receiving calls from Alaska, Florida, and everywhere in between. "We've received phone calls from San Francisco, Cincinnati, Virginia Beach, Washington, D.C.," he said. The couple has received over 600 phone calls and 250 e-mails. They got an order from one man for 200 signs, and one woman even got a sign for her husband, a Vietnam veteran, for Valentine's Day. The signs are free, but the Repyas welcome donations to cover printing costs. "We have people that have been so kind," Joe said. "We've had donations everywhere from $5 to $2.000.1 gat firm,., ����- Lawsuit/from 1A viding lifecycle and affordable housing. But affordable housing advocates maintain that the city hasn't done enough to help the affordable housing issue. "This community needs workforce housing and we will continue to work for housing in Eagan," said Dianne Judd, a MICAH representative who lives in Eagan. Judd said the groups that brought the suit are disappoint- ed that their case was dis- missed before it was even heard. "It's a loss for all of us — we weren't able to be heard," she said. "We didn't get a chance to talk about our case, the merits and substance." The groups filed the law- suit, she said, because they felt their message was being ignored. "Nobody really wants to sue anybody, but the things we've been doing — educational forums, letters, meetings — we just haven't felt heard," she said. "But we will continue to work for (affordable) housing in Eagan." Joy Sorensen Navarre, also of MICAH, said that the organ- ization is considering an appeal of the court's ruling. "But it will probably be close to 30 days or so before we make that decision," she said. Erin Johnson is at eagan.thisweek@ecm-inc.com. FOUR SECTIONS News • Sports General Section Burnet Realty Section Real Estate Section Classified Section 68 pages Eagan THIS WLi'k Your Community Newspaper Volume 20, No. 22 http://www.thisweek-online.com July 26, 1998 Visit us online at: http://www. thisweek-online.com Council discord festering from March trip to Washington By BRENDA HAUGEN The Eagan City Council may have an independent commis- sion look into implementing an ethics policy to help avoid a repeat of the situation in which it now finds itself. During the July 21 meeting, Council Member Ted Wachter read a letter sent to him by at- torney Carol A. Hooten on be- half of Council Member Bea Blomquist, alleging defama- tion of character. "Ms. Bea Blomquist has re- quested that I represent her relative to possible actions for defamation against you and several others who have initi- ated or spread unsupported ru- mors of unethical or illegal conduct by Ms. Blomquist," Hooten said in the letter. "It is my understanding that you, on at least one occasion within the last few weeks, have indi- cated to an Eagan citizen that Ms. Blomquist had engaged in illegal or unethical conduct, which could result in the loss of her job with Northwest Air- lines. You apparently are refer- ring to an allegation brought by another council member who maliciously accused Ms. Blomquist of illegally or un- ethically using her work travel (See Council, p.15A) '98 DURANGO's SLT 4X4 M.S.R.P. $29,145 Magnum V8, auto., power (wind./locks /mirrors), fog lamps, tilt, cruise, roof rack, 31" tires & wheel flares & more. o., $26,950 , ore 0111-10 '98 RAM ELT -SPORT PKG R WHEEL D M OR R WHEEL DRIVE Mag. VB, auto., air, power (Wind./locks), rear slider, �1 keyless, cast alum. wheels raised white letter tires, color keyed grill Et bumper, tilt. cruise, dual airbags w/shutoff. 36 MONTHS 48 MONTHS 2 Wheel Drive PAYMENT / CAP. RED. Ott TRADE PAYMENT / CAP RED. OR TRADE ALL TRUCKS IN STOCK CLEARANCE PRICED! '98 DAKOTA's M.S.R.P. S21,710 V6, air, cassette, dual Disc. -2.711 airbags, fog lamps, M.S.R.P. $15,165 Discount -1,166 — Council (Continued from front page) pass for transportation to the National League of Cities Con- ference in March 1998." "I was hurt by this ex- tremely," Wachter said of the letter, during the "Visitors to be heard" portion of the coun- cil meeting. "And I also want to say I don't appreciate the friction we have on the council as of now." The incident at issue took place in Washington, D.C., last March. Mayor Tom Egan, City Administrator Tom Hedges and council members Pat Awada and Wachter were in Washing- ton attending the National League of Cities meeting, which ran three days, Sunday through Tuesday. The group had scheduled a Tuesday meeting with Con- gressman Bill Luther to discuss federal funding for improve- ments to Highway 13 in Eagan, Hedges said. In an interview Friday, Blomquist said she de- cided to go to Washington on a holiday. According to Hedges, Eagan Public Works Director Tom Colbert also flew to Washing- ton. Hedges said a memoran- dum from Eagan's city attorney said Colbert used Blomquist's Northwest Airlines guest pass, which would violate ethics laws. Blomquist denied meeting with Luther was the purpose of her trip. And, she said, Col- bert's plane ticket to Washing- ton was a gift from her out of her city stipend, not a free guest pass. She said there was nothing illegal or unethical about her trip. On the advice of its attorney, the city reimbursed Northwest Airlines for the cost of Col- bert's ticket, Hedges said. "We tried to keep the whole thing quiet," Awada said. " W e dealt with it our own way by reimbursing Northwest for the ticket. And in our minds, the whole thing had gone away, at least in the public eye, be- cause, again, you know this is embarrassing for the city to deal with this whole thing. "Now it's become even worse where there's threats and so on against us, especially the letter that Ted got." Asking to respond at the council. meeting, Blomquist said, "What you've heard from various council members is certainly not true. There was no wrong -doing. I did not at- tend the conference. "The important thing is a few people won't let it die." Awada said whether Blomquist attended the confer- ence is irrelevant. She said her concern is that Blomquist and Colbert flew to Washington and had lunch with Luther, which presents the same con- flict of interest in her mind. In an interview Friday, Blomquist said she didn't meet with Lu- ther personally during her trip. At the council meeting, Blomquist said the cause of the friction among council members may stem from her asking unpopular questions about issues with which the council has been dealing in the last six to eight months. "Every time I did bring up something I question, the re- taliation came, the vindictive- ness, the hurtfulness," she said. Blomquist added her issue with Wachter shouldn't be dis- cussed at a council meeting because it's personal, not city business. "This has no business on City Council or City Council time," she said. "I think we should get back to business and leave our bloody battles in the battlefield and go on with city business. This is not city business." Awada said the Washington trip was one of the first inci- dents causing friction on the council, and things have dete- riorated from there. "It certainly doesn't belong on the City Council," she said. The council has no policy to sanction members; it just fol- lows state law and has no eth- ics policy of its own, Awada said. She suggested an inde- pendent commission look at information on ethics policies compiled by the League of Minnesota Cities and re- quested by Hedges after she had asked for information at an earlier council meeting. It wouldn't be appropriate for the City Council to tackle such a policy right now because it al- ready has an issue with ethics, Awada said. Saying the discussion had gone beyond the scope of what he expected, Egan asked the council to move along on its agenda. But, he added, he be- lieves it would be appropriate for a neutral group to look into an ethics policy. It's important, he said, that all council mem- bers work on the city issues at hand. "I feel very badly that this particular item is festering the way it is," he said. Vacation Bible school Vacation Bible school for children ages 3-12 will be held Aug. 3-7 from 6:30 to 8:30 p.m. at Beautiful Savior Lutheran Church, 4150 Pilot Knob Road, Eagan. Cost is $5 per child. Activi- ties include Bible lessons, crafts, music and snacks. For more information, call 452- 2114. TEALS! The Starship 2015 Deckboat etail price $28,400 andem custom trailer $23 995 50 V-8 Mercruiser / orta pot & 3nging room $253 MO.* lean Machine 1810LX etail price $18,310 $15 995 ustom trailer ull fiberglass inner liner 6 lerc.4.3V•6 $1� MO.' 1810SS Bowrider Friend to Friend Trinity Evangelical Free Church in Lakeville and Faith Studies International will pres- ent the Friend to Friend Semi- nar Sundays, July 26 through Aug. 16 from 9:40 to 10:40 a.m. This biblical seminar is open to the public. Coffee and re- freshments will be served. The church is located at the intersection of County Road 46 and County Road 5. For more information, call the church office at 435-5548. LESLIE J. FOX AV woman commissioned as associate in ministry Leslie J. Fox of Apple Valley was commissioned June 27 as an associate in ministry in the Evangelical Lutheran Church in America (ELCA). Fox is a member of Shepherd of the Valley Lutheran Church. She graduated in 1993 from Trinity Lutheran Seminary in Bible camp Christ Lutheran Church in- vites children to Space Mis- sion Bible Camp Aug. 3-7. The camp will provide fun Bible -learning activities for children of all ages. Each day they will sing songs, play teamwork -building games, nib- ble treats, create crafts and have Bible adventures. They will also take part in a world- wide mission project that will reach needy children across the globe. The camp will conclude each day with a festive send-off showtime program that gets everyone involved. The program will be held at the church, 1930 Diffley Road in Eagan, daily from 9 to 11:45 a.m. For more information, call 454-4091. VBS Christus Victor Lutheran Church will have Vacation Bi- ble School (VBS) Aug. 2-6, 6:30 to 8:30 p.m., at 7510 Palomino Drive in Apple Val- ley. Participants will experience living in God's love at "SonLight Island," which has classes for all ages. Each night includes songs, skits, crafts, games, Bible stories and snacks. The Sunday VBS kick-off will begin at 4:30 p.m. with "The Bible Heroes — Time Machine," a puppet show by CREATIVE INK. At 5:30 p.m., there will be a barbecue cook- out. The "SonLight Island" City settles with Eagan roman shot by officer s '4 $3 million is the iJ ,► i-, civil liability limit on city's insurance by Brett Andersen THISWEEK NEWSPAPERS In what the Apple Valley mayor said was a decision guid- ed more by finances than jus- tice, the City Council unani- mously decided to settle a law- suit with an Eagan man who was shot by an Apple Valley officer in October of 2000 for more than $3 million. Gennadiy Balandin was par- alyzed after being shot by Apple Valley police officer Jim Eagle. Balandin, who was 17 at the time of the incident, admits to taking the hallucinogenic drug LSD with friends that night. According to Police Chief Scott Johnson, Eagle has been with the department for 23 years and is "an exemplary officer." -'Ie incident was investigat- ed by the Bureau of Criminal Apprehension (BCA). According to Johnson, sever- al things leading up to the inci- dent are undisputed. "We know he was doing LSD with other friends. We kthw he was violent while with those friends. We know he took off his clothes," said Johnson. Johnson said at approximate- ly 3:30 a.m., the department received a call from a neighbor about a disturbance. When officer Eagle arrived on the scene, he found a pile of clothes. He collected the cloth- ing and began searching for identification while in his squad car. According to Johnson, a naked Balandin "suddenly" was on top of the officer and the two began struggling for his gun. Robert Bennett, Balandin's attorney, said the youth never entered the squad car and was looking for help from the offi- cer. According to Bennett, there was no DNA found in the vehi- cle and no fingerprints on the gun. Johnson said the lack of fin- gerprints "doesn't mean any- thing" During a struggle, sweat and friction will most likely smudge any identifiable prints he said. Bennett said that Balandin "was prone," either on the ground or falling, when he was shot twice in the back. Johnson said that Eagle placed the car in gear when he began searching through the clothes. As the officer freed himself of struggle he began fir - See Settlement, 9A Photo by John Suran.skv -um to discuss issues facing the idea and several others that still need to be discussed by the council. He said it was also his intent to show early in the new council's term that something different was going on in the city. With the council's goal -set- ting retreat March 14, future forums and communication methods are expected to be dis- cussed at the council's March 6 regular meeting. He expects to have an outdoor forum during the summer with another fol- lowing in the fall. John Sucansky is at roselake.thisweek@ecm- inc.com. brain, according to Backstrom. X-rays uncovered eight healing bone fractures in the baby's legs, arm, toe and a rib. "If not for the quick medical intervention, this child would likely have died," Backstrom said. Haider told a nurse at Minneapolis Children's Hospital that his wife had returned to work after her maternity leave and he was caring for the baby full time. He admitted to Burnsville police that he shook the baby to try to quiet her, using increasing force when she didn't stop crying. He told police that he didn't know what he had done to the baby but he "knew he caused something to change," according to Backstrom. "This was a senseless act of violence against a helpless infant who suffered serious injuries as a result of her father's actions," he said. "Shaking a baby for even a few seconds can cause significant injury." — John Gessner Le with be Smith, servic- ng. s in the stadium 1 games student Settlement/from 1A ing. The squad car started rolling forward which knocked Balandin down and twisted his back toward the officer, accord- ing to Johnson. Eagle fired three shots, two of which hit Balandin and one left him a paraplegic. Bennett said the officer esti- mated the distance between the gun and the naked man was six feet. "At the time he fired the gun," said Bennett, "he knew (Balandin) was naked and unarmed." Bennett said Balandin was not a threat, Johnson disagreed. "There is no doubt in Jim's mind that if that kid got a hold of his gun that he was going to kill him," said Johnson. The case went before a grand jury, which decided there was no reason to bring criminal charges against Eagle. The civil lawsuit was brought in federal court, which does not limit what a jury can award in damages. Apple Valley Mayor Mary Hamann -Roland said the deci- sion to settle the suit was not an admission of fault. "We know what our officer did was the right thing," she said. "(The decision) wasn't a matter of right and wrong, but dollars and sense." The city will pay $50,000 of the settlement and $3 million will be paid through the League of Minnesota Cities Insurance Trust. That amount is the limit of the city's coverage. Bennett said the settlement does speak to the facts of the case. "As far as I can figure out," the settlement is the largest in Minnesota history between a police department and a citizen. "If what they say is true, why did they pay the money?" asked Bennett. Both Johnson and Hamann - Roland said the settlement was about mitigating risk. According to Johnson, the threshold of proof is much lower in a civil case then in a criminal case. "It's not about right or wrong. It's not about what is fair. It's not even about justice. It's about, do you take a chance and go into civil court — win or lose." Any amount awarded over the $3 million would come from the city and ultimately the tax- payers, said Johnson. One factor in deciding to set- tle according to Johnson, was the lack of a witness who could place Balandin inside the vehi- cle. Without that, it "boils down" to word against word, forensic evidence and the jury. Hamann -Roland said, "I feel terrible that this young man is paralyzed. But he made a deci- sion (to use LSD), which had a ripple effect." That ripple affected his life permanently, the life of a respected officer and the com- munity of Apple Valley, said the mayor. Brett Andersen is at ay.thisweek@ecm-inc.com Lakeville junior and senior sports marketing students were offered the opportunity by Steel Domain Wrestling (SDW) to head the marketing and adver- tising for the event "Saturday Night Slaughter," held Saturday, March 15 at the high school at 7:30 p.m. The event is a family -friend- ly, professional wrestling meet. Concessions, advertisements, programs and ticket sales are all on the shoulders of Lakeville's sports marketing class. Since the beginning of the second semester, the class has had meetings with Ed Hellier, owner of SDW and parent of Lakeville student Luke Hellier, about the event. Input was given and finally left up to the class to promote how they saw fit. The class was divided into commit- tees covering all aspects of the event. Ticket sales, elementary advertising, high school adver- tising, community advertising, concessions, merchandise and program development are a few of the areas the class addressed. The event will headline Adrian Lynch (current champ) vs. Mitch Paradise, Lenny Lane (former WCW cruiser weight champ), and Lakeville's own, Mystic. W G1G app.tIA1- mately 40,000 visitors to the Dakota County Workforce Centers, compared to approxi- mately 20,000 visitors in 2001. The trend shows no signs of abating. In January, the Workforce Centers served 4,525 clients — more than in any month in the facilities' history. Workforce Centers provide career development and place- ment services, and connect job seekers with local training providers. Resource Rooms within the Centers are open to anyone. Generally visitors are looking for a job or seeking a better job. ��GJL JL. 1 cu. anti 111 1511rn5V111G, just north of the intersection of County Roads 42 and 11. The Dakota County Workforce Council, a public/private partnership, over- sees operations of the centers. The council is comprised of 21 members. Fifth -one percent of them are key decision -makers from the business sector. Representatives are from com- panies including Tapemark, Waterous, Dakota Electric, Wells Fargo, and Grazzini Brothers & Co. LaDonna Boyd, economic development director for Dakota Electric Association, is the chairperson. active auty service personnel and activated reserve and national guard. The banner is printed on card stock and is outlined in red, white, and blue with a large blue star prominently placed in the center with the words below it, "Family of a United States Armed Forces Service Member." To obtain a banner, contact your nearest VFW Post. Eagan City Council The Eagan City Council will meet at 6:30 p.m. Nov. 2. The meeting will be held in City Council chambers at the Eagan Municipal Center building. Following is a tentative agenda. !Atoll call and Pledge of Allegiance II. Adopt agenda and approval of minutes 111. Visitors to be heard IV. Recognition and present ations A. Recognition of Police Officer Rodger Slater for 30 years of service V. Department head business A. Convention and Visitors Bureau (1998- 99 marketing plan and budget) B. Eagan's 25th anniversary CVB celebra- tion VI. Consent agenda A. Personnel items B. Street name change, OCB Realty — Eagan Woods Boul evard to Buffet Way C. Demolition change order for Lawrence Avenue and Linde Lane D. Recommendation, Airport Relations Commission, additional remote noise mon i- tor locations E. Reschedule public hearing, easement vacation (Park Center fifth addition) F. Contract 98-16, approve change order no. 2, Wescott Woodlands (Street and Util- ity improvements) G. Project 752, receive feasibility re- port/order public hearing (Johnny Cake Ridge Road — street overlay) H. Project 760, receive feasibility re- port/order public hearing (Trunk Highway 55 and Blue Water Road — street rverlay) I. Project 765, receive petition/authorize feasibility report, Robin Lane (sidewalk improvements) J. Footing and foundation permit, String Business Systems (Iqt 1, block 3, Grand Oak Two) K. Recommendation, Burnsville/Eagan Telecommunications Commission, compet tive franchising application and review process L Adoption of 1999 Burnsville/Eagan community telev ision budget M. Final plat, Gopher Eagan Industrial Park fifth addition VII. 7 p.m. Public hearings A. Certification of delinquent utilities B. Certification of delinquent false alarm bills C. Vacate public easements and rights -of - way, Gopher Eagan Industrial Park first ad- dition D. Vacate sidewalk easement, Park Cen- ter fifth addition (to be continued) E Project 733, final assessment hearing, McKee addition (street reconstruction and utility improvements) VIII. Old business A. Ordinance amendment Chapter 6, to- bacco licensing B. Request to discuss location of genera- tor on municipal campus IX. New business A. Conditional use permits — RDO Mate- rials Handling Company, to allow outdoor storage and sales, leasing and service cf forklifts on lot 2, block 1, Eagandale Center Industrial Park no. 11, located at 2985 Lone Oak Circle in the southwest quarter of sec- tion 2 B. Conditional use permit — Freightmas- ters, to allow an above ground fuel storage tank, located at 3659 Kennebec Drive in the southwest quarter of section 18 X. Legislative/intergovernmental affairs update Xl. Administrative agenda XII. Visitors to be heard XIII. Adjournment XI V. Executive session A 1. .e) n; h- ir It n It e agendas 1/Aim' lir;lil9y Eagan City Council The Eagan City Council will meet April 6 at 6:30 p.m. The meeting will be held in the Eagan Municipal;Center's City Council chambetis. Following is the tentative agenda. I. Roll call and Pledge of Allegiance 11. Adopt agenda and approval of minutes III. Visitors to be heard (10 minute total time limit) IV. Department head business V.Consent agenda A Personnel items B.Request for public hearing, certification of delinquent utilities — May 4 C. Request for public hearing, delinquent weed and false alarm bills — May 4 D. Resolution calling outstanding general obligation water revenue bonds of 1983 for redemption E Resolution appointing Y2K coordinator F. On -sale wine application, Parkview Golf Club, LLC G.Application, MnReLeaF Forest Health Grant H. Contract 99-01, receive bids/award contract (Johnny Cake Ridge Road, Thomas Lake Road, Woodgate third/riberon/Mallard Park third — street overlay) I. Contract 99-05, receive bids/award contract (Johnny Cake Ridge Road exten- sion — street and utility improvements) J. Contract 99-08, authorize plans and specs (Denmark Avenue extension — street and utility improvements) K. Contract 99-09, authorize plans and specs (Advent United Methodist Church — sanitary sewer extension) L Contract 99-03, approve plans/order ad for bids (Yankee Doodle Reservoir — refur- bish and repaint) M. Project 765, receive feasibility re- port/order public hearing (Robin Lane — sidewalk improvements) N.Contract 99-06, approve plans/order ad for bids (Duckwood Estates and Trail — street improvements) Q Project 663, receive final assessment roll/order public hearing (Valley View Pla- teau — street and utility improvements) P. Final subdivision — D.R. Horton Com- pany for Gardenwood Ponds fourth Q. Final planned development — DRF Construction Services, Inc. for Lot 3, Block 1, Galaxie Cliff Plaza third addition R. Approval and implementation — Com- prehensive Guide •Plan amendment — Springbook Corporation, changing the land use of approximately 10 acres from PF to D. 1, a rezoning from P to R-1, and a prelim i- nary subdivision (Southern Lakes West) to create 15 lots S. 1999 Community Services open house budget T. Request to draft ordinance amendment to Chapter 6 regarding solid waste and recy- cling transfer stations U. Final plat, Saeger addition, Brian Saeger V. Tree contractor license, Northern Landscape, 5201 W. 106 St.. Bloomington VI.7 p.m. public hearings A. Project 758, Surrey Heights Drive (street overlay) B. Project 749, East Highway 55 south frontage road (street reconstruction) C. Project 764, Selmark, Harvey, Bur- rview Acres (street reconstruction) VII. Old business AReview winter trail maintenance plan/policy a Reconsider action for Heritage devel- opment (Cherrywood Knoll) CConfirmation of findings of fact, con- clusions and resolution of denial, Heritage development (Cherrywood Knoll), prelim i- nary planned development and preliminary subdiv ision VIII. New business A. Contract 99-02, approve plans/order ad for bids (Meadowland, Ridge View, Surrey Heights — street overlay) B. Interim use permit — SMC Compost Services, to allow expansion of a compost site on Outlot G, Gopher Eagan Industrial Park second addition, located on the north side of Yankee Doodle Road in the south- west quarter of Section 12 C. Interim use permit — Wayzata Bay Center Company, to add additional 6,000 square feet of classroom space for the spe- cial -needs program in the Cedarvale Mall, located at 3920-3988 Sibley Memorial Highway, in the northeast quarter of Section 12 D. Interim use Permit — Wayzata Bay Center Company, to allow Dakota County Technical College a 6,100 square -foot cus tomized training department in the Cedar - vale Mall, located at 3920-3988 Sibley Memorial Highway in the northeast quarter of Section 12 E. Conditional use permit — Corporate Site Consultants, to allow outdoor storage of semi -truck trailers on property located east of Borchert Lane between Highway 149 and C.P. Rail System in the southwest quarter of Section 12 F. Conditional use permit — Russel Me t- als Bahcall Group, to allow outdoor storage of liquid oxygen tank and a propane tank on Lot 10, Block 6. Eagandale Center Indus trial Park number 3, located at 1034 Gemini Road in the northwest quarter of Section 11 G. Conditional use permit — Transport 21, Inc., to allow selling and leasing of semi -trailers on Lots 7-9, Block 2, Eagan dale Center Industrial Park number 3, lo- cated north of Apollo Road and west of the C.P. Rail System in the southeast quarter of Section 11 IX. Legislative and intergovernmental affairs update X. Administrative agenda Xl. Visitors to be heard (for those -persons not on the agenda) XII. Adjournment XIII Executive session legal notices i/, �,3co / PUBLIC NOTICE NOTICE OF THE CITY OF EAGAN POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY The City of Eagan is committed to the policy - that all persons have equal access to its pro- grams, services, activities,' facilities and em- ployment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Telephone: (612) 6814600 TDD: (612) 454.8535 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: Preliminary Planned Develop- ment of 4.20 acres to allow a six -story hotel. The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13, that are not listed. APPLICANT: Sieger Architects LOCATION AND LEGAL DESCRIPTION: Oudot A, Eagan Woods Office Park WHEN: Tuesday, July 27, 1999 at 6:30 pm WHERE: Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Pam Dudziak, the Planner at (651) 6814691 with the following information: DEVELOPMENT NAME: Eagan Woods Office Park 3rd Addition CASE #: 04-PD-04-06-99 CITY OF EAGAN EJ. Van Overbeke - City Clerk 291 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EAGAN REQUEST: Rezoning of 6.3 acres from, R4 (Mixed Residential) to R-1 (Single Family). The above request may require other vari- ances to Eagan City Code. Chapters 11 and 13, that are not listed. APPLICANT: City of Eagan LOCATION AND LEGAL DESCRIPTION: See map. WHEN: Tuesday, July 27, 1999 at 6:30 pm WHERE: Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Bob Kirmis, the Planner at (651) 6814696 with the following information: DEVELOPMENT NAME: City of Eagan CASE #: 28-RZ-07-07-99 CITY OF EAGAN EJ. Van Overbeke - City Clerk 292 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EACAN REQUEST: A Comprehensive Guide Plan Amendment amending the land use of 4.46 acres from MNDOT right-of-way to CA, Central Area and a Rezoning to a PD (Planned Development). The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13, that are not listed. APPLICANT: MVTA LOCATION AND LEGAL DESCRIPTION: See map. WHEN: Tuesday, July 27, 1999 at 6:30 pm WHERE: Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Bob Kirmis, the Planner at (651) 6814696 ii1 _— s/_ — J with the following information: DEVELOPMENT NAME: MVTA CASE #: 15-CG-03-04-99 CITY OF EAGAN EJ. Van Overbeke - City Clerk A, 293 PUBLIC NOTICE PUBLIC HEARING NOTICE CITY OF EACAN REQUEST: Conditional Use Permits to allow an above ground fuel storage tank and out- door storage. The above request may require other vari- ances to Eagan City Code, Chapters 11 and 13, that are not listed. APPLICANT: Teligent LOCATION AND LEGAL DESCRIPTION: Lot 1, Block 1, Eagandale Center Industrial Park No. 13 WHEN: Tuesday, July 27, 1999 at 6:30 pm WHERE: Advisory Planning Commission Meeting, City Hall Council Chambers, 3830 Pilot Knob Rd ANY QUESTIONS: Call the Community Development Department at (651) 6814685 or Bob Kirmis, the Planner at (651) 6814696 with the following information: DEVELOPMENT NAME: Teligent CASE #: 11-CU-08-06-99 CITY OF EAGAN EJ. Van Overbeke - City Clerk ✓rp Mr "r" in EN 7- Oak Rd. to 7) 294 I.429endas Advisory Parks Commission The Eagan Advisory Parks Commission will meet Mon- day, Oct. 19 at 6 p.m. to tour the Lexington-Diffley athletic complex landscaping and Rahn Park. A 7 p.m. regular meeting will follow at the City Council chambers at Eagan Municipal Center. Following is the tenta- tive agenda. 1. Call to order and Pledge of Allegiance 11. Award recognition III. Approval of agenda 1V. Approval of minutes for Sept. 10 regular meeting V. Visitors to be heard VI. Department happenings VI1. Consent agenda VIII. Development proposals IX. Old business A. Skyline displays update B. Floyd Forsberg request X. New business A. CIP B. Highview Park request XI, Parks development update XII. Water resources update XIII. Other business and reports A. GPS park inventory B. Subcommittee updates C. Pool updates XIV. Round table XV. Adjournment Eagan Airport Relations Commission The Eagan Airport Relations Commission will hold a meet- ing at 7 p.m. Oct. 19 at the Ea- gan Community Room. Follow- ing is the tentative agenda. I. Roll call and adoption of agenda 11. Approval of minutes 1I1. Visitors to be heard IV. Unfinished business A. Additional remote noise monitor -loca- tion B. Corridor crossing analysis _ V. New business - VI. Staff report A. Eagan/Mendota Heights corridor B. MASAC update VII. Informative X111. Next meetings A. Regular commission meeting, 7 pm. Nov. 10 B. MASAC meeting, 7:30 p.m. Oct 25 IX. Adjournment Planning Commission The Eagan Advisory Planning Commission will meet at 6:30 p.m. Oct. 27 in the City Coun- cil chambers.- Following is the tentative agenda. I. Roll call and pledge of all egiance 1I. Adopt agenda and approve minutes Ill. Visitors to be heard,' (10-minute total time limit) IV. Public hearings A. Conditional use permits, RDO Material Handling Company, to allow outdoor storage Burnsville/ Eagan Telcom. Commission The following is the agenda for the Oct. 22 regular meeting of the Burnsville/Eagan Tele- communications Commission, to be held at 7 p.m. at Bums- ville City Hall, 100 Civic Cen- ter Parkway. 1. CALL TO ORDER 2 ADOPTION OF AGENDA 3. CONSENT AGENDA A. Approve Sept. 24 BETC minutes B. Accept September statement of reve- nues and expenditures. C. Mahler grant request 4. VISITORS TO BE HEARD 5. CABLE TELEVISION REPORTS A. MediaOne monthly activity report B. Burnsville/Eagan Community Telev sion report -6 COMMITTEE REPORTS A. Local Programming Advisory Commit- tee B. Citizen/COmpany Relations Commi t- tee C. Franchise Renewal Committee 7. OLD'HUSINESS A. Competitive franchising application and review process B. Update report on_BETC's review cf MediaOne's 1998 rate adjustments & NEW BUSINESS A. MediaOne's adjustment of 1999 basic service and ancillary rates B. BETC's consideration of 1999.1,EG fee 9. INFORMATION ITEMS A. Legal counsel report B. Member cities' reports ' C. Coordinator's report D. Commission and committee meeting dates: BETC regular meeting, Thursday, Dec. 10, 7 p.m., Burnsville City Hall; BETC Executive Committee, Thursday, Dec. 10, 6 p.m., Burnsville City Hall; Local Program- ming Advisory Committee, Wednesday, 'Nov. 18, 5 p.m., access facility; Citi- zen/Company Relations Committee, Mon day, Nov. 23, 6 p.m., Burnsville City Hall; Franchise Renewal Committee, to be de- termined; BETC 1999 goal -setting work ses- sion, Monday,. Nov. 8, 5:30 p.m., Eagan City Hall 10. ADJOURNMENT and to allow selling, leasing 'and service cf forklifts on lot 2, block 1, Eagandale Center Industrial Park No. II, located -at 2985' Lone Oak Circle, in the southwest .quarter of sec- tion 2. • B. Conditional use permit,_ Ereightmas- ters,'to allow an above -ground- fuel storage tank located at 3659 Kennebec Drive in the southwest quarter of section 18: V. Other business - A. Review of other draft comprehensive plans (Dakota County, Sunfish Lake) _ VI. Visitors to be heard (for those persons not on the. agenda) Council The'Eagan City Council will meet- at 6:30 p.m. Oct. 20 in the City Council chambers at the Municipal Center. Follow- ing is the tentative agenda. -- I. Roll call and Pledge of Allegiance I1. Adopt agenda and approval of minutes III. Visitors to be heard (10- minute total time limit) _ IV. Department head business V. Consent agenda A. Personnel items • B. Implementation. for. Comprehensive Cuide.Plan Amendment for. Lexington Addi- tion- C. • Final subdivision, Gardenwood Ponds Third Addition, D.R. Horton - D. Subgrantee agreement, 1998 CDBG Program with Dakota County HRA E 1999 joint powers agreement, South Metro Drug Task Force F. Resolution declaring.Oct 18-24 as Da - Wee kota kCounty Water Resources Awareness G. Change order No. 2 Fire Administration Building H. Contract 97-0IA„ approve final pay- ment, authorize city maintenance (traffic signals — emergency vehicle preemption) . I. Contract 97-A, acknowledge comple- tion, authorize city maintenance (Gopher Eagan Industrial Park third addition util- ity improvements) -• . - • J. Contract 95-12, approve•final payment, j ' authorize city maintenance (Deerwood Wa- ter Reservoir) K. Contract 97-10, approve final payment, authorize city maintenance (traffic signal Trunk Highway 149 at -Lone Oak Parkway) L Vacate easement, (lot 3, block 3, Wescott Gardens), receive petition, sched- ule public hearing. M. Project 759, authorize feasibility re- port, Beau -De -Rue (Silver Bell Road to Nichols Road — street overlay) N. Project 760, authorize feasibility .re- port, Silver Bell Road'-(Blvr,..Raad_d Cedarvale Boulevard;;streetresurface).---- 0. Project 761, authorize feasibility re- port, Rahn Road (Beau -De -Rue .to Cedar vale Boulevard — street overlay) P. Project 762, authorize -feasibility re- port, Deerwood Drive (Blackhawk Road to ,R iverton Avenue — street overlay) Q. Project 763, authorize" feasibility re-_. port, Duckwood Drive (Lexington Avenue to - Denmark Avenue —street overlay). - R. Project 764, authorise feasibility 'ie- port, Duckwood Trail (street overlay) . S. Project 765„ authorize feasibility re- - port, Duckwood Estates (street overlay) --> T. Project 766, authorize feasibility re- port, Selmark, Harvey and Burrview Acres additions (street overlay) _ - • sion, Monday, Nov.y goal -setting work ses port, DuckwoodoQ' authorize feasibility rer Hall 8, 5:30 g Cil S. Project 765,rail (street overlay) y m 10 ADJOURNMENT P.m., Eagan y port, Duckwood authorize over) feasibility RNMENT T. Project 766, rates (street overlay) . r' port, Selmark, authorize feasibility re_, additions Harvey and Burrview Acres (street .overlay) U. Contract 98-07, approve final payment, authorize city` maintenance' (Wilderness Run fifth and' sixth additions —;street over- lay) V. Contract 98-07, approve final payment, authorize city maintenance (Eagan. Business Commons —sf reef and utilities) W. Con- tract 8-12, approve change order ino. -3 (EaganAquatic Facility) , VI. Public hearings ' Ai Project 727, final assessment hearing, Donnywood A ddition (street overlay) B. Project 728, final assessment hearing, Evergreen Park Addition (street overlay) C. Project 747, Oakview Center (street improvements and signalizafl°n) D. Project 725, final assessment hearing, Oak Chase first through third additions (street reconstruction) - E Official map #669-1 (Northwood Park- way and .Denmark Avenue — right-of-way alignment) VII. Old business A. men. Project 673R, adopt residual assess - roll utilities) (Red Pine Lane `streets and B. Approve final Alternative Urban - Areawide Renew (AUAR) document, (Grand Oak Business Park) C. Even -odd year election petition, VIII. New business • A. Final planned development - North American Properiies, L.L.C., for an office - warehouse on Oullots A and B, Gopher gan Industrial Park second addition and flffa ial plat, Gopher Eagan Industrial Park fourth addition, located east of Highway 149, nonh of Yankee Doodle Road on Kutoff Court in the south half section of section 12 B. Preliminary subdivision ParkbrookProperta (Walden Heights second addi- tion) of approximately. eight ac-es for 17y front ots and the variances allowing 25-foot setbacks on all Tots, legally Pub aslic right-of-way of Walden g y described as Ougol A � south of Walden ts First Addition, located Lane in the Dsil a and. west of Richard C. in the out quarter of section 33 Corporation, (Grand subdivision — Wispark P° malely 57 aces consisting of Oak )fief lots a d five outlots, legally described as 1o1 1, and 1, and lot 1, block 2, .Kollofski's block Outlot D, Robins Addition, and Outlott A Grand Oak One,. located south of Blue Gen- tian Road, west of Highway 149, and ;north of Highway 55 in the north half of section 2. IX. Legislative/intergovernmental affairs cp.- date X. Administrative Agenda X1. Visitors to be heard XII. Adjournment XI/I. Executive session New, old laws make headlines By Sue Hegarty Minnesota Sun Publications New laws were passed and old laws were challenged in 1997 that drew the public's at- tention to Eagan. Perhaps the largest issue that put Eagan in the headlines was the release of the state's first level three convicted sex - offender whose identity was made public according to the Community Notification Law. Mandeil Stamper, 19, left a St. Cloud prison in March to live with family on the 4500 block of Slater Road in Eagan. LAWS: To Page 5 w1997, Published Weekly By MINNESOTA SUN PUBLICATIONS 7831 East Bush Lake Road Bloomington, MN 55439 896-4700 Printed on NYS Recycled Paper CRC MARK OF INTEGRITY VNERT SUE HEGARTY TOM ditor Community Editor Spo 2 882-2462 8E ERKE GRIGOR HADDEN LANC ager Account Executive Accou. 896-4735 8! DOUG DANCE Publisher/President Minnesota Sun Publications orrections and clarifications ve for fairness and accuracy in repo] ou would like to report an error in headline published in one of Minne: dns' newspapers, please contact u or clarification will appear in this sp Apple Valley/Rosemount, Eagan Sun•CurrenWVednesday, Dec. 31, 1997 5 Laws: Notification, Livable Communities hot topics From Page 1 Under the new law, Eagan Police were authorized to tell residents about Stamper, who served eight months in prison for forc- ing sex on a 14-year-old girl when he was 17. More than 1,400 residents and law enforce- ment officials attended the first -ever public notification meeting in Minnesota on March 6. The meeting was moved to a larg- er facility to accommodate the large number of interested citizens. Soon after, Stamper violated conditions of his parole and was sent back to prison. Upon his second release, he failed to regis- ter his address and was charged Dec. 9 with failure to register as a known sex -offender. Stamper posted $2,000 bail on Dec. 13 and gave his address as Minneapolis, according to a Hennepin County Corrections Unit su- pervisor. However, Stamper will not call Min- neapolis his new home, as Brooklyn Park residents learned last week, the ex -con will be moving into their community. Though the spotlight shone bright on Eagan's Police Department, Chief Pat Geagan said he and other metro area police chiefs still support the intent of the Community Notification Law. October and November found the city's legal representatives in court to defend the "Country Joe" lawsuit and one filed by AT&T regarding the city's denial of a cellu- lar tower site. The Country Joe case was filed three years ago by Joe Miller and several other home builders who believed they shouldn't have to pay the city's road unit connection fee. On March 6, the Minnesota Supreme Court ruled that the fee was not authorized by law and turned the case back to Dakota County, which granted class action status. On Oct. 23, Judge Rex Stacey heard attor- neys' arguments regarding why Eagan should or should not repay builders and homeowners the fees collected. At stake is $3 million the city collected from builders over a six -year period. Meanwhile, AT&T Wireless Services filed suit Oct. 2 in U.S. District Court alleg- ing the city of Eagan violated the 1996 Telecommunications Act. The company is seeking $75,000 in damages. One of the eight complaints listed in court documents is that Eagan illegally attempted to bar AT&Ts entry into southern Eagan. New laws and ordinances adopted by the City Council also affected residents and business owners. In October, the council passed a resolution to ban bus benches in Eagan. Bus bench companies had until Dec. 31, 1997, to remove the benches from the city's rights of way. In December, the council approved an adult use ordinance that regulates where adult -oriented businesses could locate with- in the city limits. Understanding that they could not prohibit such business altogether, the council voted to allow qualifying busi- nesses to locate within areas zoned for in- dustrial, business park or commercial shop- ping. A 1,000-foot buffer is required from protected areas, such as residences, schools, daycare centers and parks. In a divisive step, the council voted 3-2 to withdraw from the Livable Communities Act program. Administered by the Metro- politan Council, the act requires cities to es- tablish goals for affordable and life cycle RELIGION African Music Ensemble Area churches prepare schedules performance ecumenical celebration The Episcopal Church of Ss. Martha and The Episcopal Church of Ss. Martha housing. In return, cities may be eligible for the agency's assistance programs. Coun- cilmember Pat Awada, who supported the city's withdrawal, said the city has been able to meet or exceed its goals through the private sector. Participation in Livable Communities can be in the form of cluster cities. Eagan was the largest city in the Dakota County cluster that included 12 cities. Its absence will have a significant impact on the other cities in the cluster, according to cluster rep- resentatives. While Eagan recoiled from Livable Com- munities, at the same time, staff hammered out a joint powers agreement with the city's neighbor, Inver Grove Heights. The two communities joined forces to plan for the construction of a new water tower that will serve residents in eastern Eagan and west- ern Inver Grove Heights. 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The lawsuit, filed by Linda Haugen, alleged that Eagan and the Minnesota Department of Transportation (MnDOT) were responsible for the death of her son, Matthew, who drowned after being caught in an Eagan culvert July 8, 2000. Haugen charged that the city of Eagan was negligent by putting a protective gate on only the exit of a culvert and not the entrance, enabling Matthew to be swept in and trapped. Matthew and a group of young adults had been wading and floating on an inner tube in a water -filled ditch near Highway 13 and Silver Bell Road the night of the July 2000 Superstorm. Matthew, who lived in Lakeville, was swept by a current into a cul- vert that passes beneath Silver Bell Road. Dakota County District Court Judge Richard Spicer wrote in a memorandum that "it is with a heavy heart that the court makes its decision in this case." "This accident should not have happened and quite likely could have been easily avoid- ed," he wrote. "However, the court is required to follow the law as it has been written and interpreted, without regard to any empathy that it may have for either party" The lawsuit was dismissed in part, he wrote, because there is a 10-year limit on col- lecting damages after "sub- stantial completion" of a con- struction project. Substantial completion of the city project, See Lawsuit, 5A Swinging in the new year Photo ov Rick Ontdorf Two die-hard golfers, Frank Dolan (left) and Adam Patterson (right), take advantage of the dry win- ter at Parkview Golf Club in Eagan Monday by playing nine holes. Eagan police get new motorcycles for traffic safety Harleys will help with enforcement efforts by Erin Johnson THISWEEK NEWSPAPERS The Eagan Police Department is getting some new muscle to help wrangle traffic problems: two new Harley Davidson motorcycles. The bikes will help beef up traffic enforcement efforts, said Eagan Police Chief Kent Therkelsen. The Harley' come courtesy of the Eagan Citizen's Crime Prevention Association, which donated $20,000 for the pro- gram. "The Eagan Police Department really views polic- ing as a community function, something we do in partnership with the community," Therkelsen said. The Eagan Citizen's Crime Prevention Association, he said, is "probably the longest and most enduring partnership that the police department continues to enjoy." The Eagan Citizen's Crime Prevention Association was formed in 1985 by Eagan resi- dents and business people. Over the past 17 years, the group has helped fund such things as crime prevention programs, National Night Out and youth safety camp. At a recent city council meeting, the group presented the police department with a check for $20,000 that will be used to cover startup costs of the new motorcycle program. "Traffic crashes represent the single greatest safety hazard to the citizens of Eagan," Therkelsen said. "Over the last ten years we've had 28 people See Motorcycles, 5A Lawsuit/from 1A which included the culvert, was achieved in January 1990; Haugen's death occurred in July 2000. Spicer also wrote that the city was not negligent in its maintenance of the culvert. While the lack of two grates on the culvert is indeed unsafe, he wrote, it does not constitute negligent maintenance because only one end of the culvert was originally designed to have a grate. "In the present case, 'main- tenance' of the culvert would not call for the addition of a trash grate on the other end of the culvert, because, right or wrong, that end of the culvert was not designed or built with a trash grate to begin with," he wrote. The lawsuit also named the EG THISWEEK January 4, 2003 5A MnDOT because that agency is responsible for designing, constructing, repairing and maintaining certain roads, bridges and culverts within the state. Haugen was seeking a min- imum of $50,000 in damages as well as medical, funeral and burial expenses. Erin Johnson is at eagan.thisweek@ecm-inc.com Motorcycles/from 1A killed on our roadways in Eagan, about 4,200 injured. That compares to five people that have died from criminal events in the city." In 1999, he said, the state estimated that the economic loss from traffic crashes for the city of Eagan alone was over $9 million in property damage, medical expenses and lost wages. As of the end of October, Eagan officers had responded to 12 percent more crashes than they had at the same time last year, he said. "They were all avoidable events — they didn't have to happen," he said. "As a police department, we have two tools we use to work on traffic safety. One is education, one is enforcement." With the donation, the police department will start a traffic enforcement unit using the motorcycles to focus additional resources on the problem. The unit will consist of two officers from the existing staff assigned to enforcement of traf- fic laws in high accident loca- tions or areas that generate a lot of citizen concern, he said. The department will partici- pate in national program to lease Harley Davidson motorcycles for $1 per year, he said. However, it will cost about $9,000 per bike in startup costs for equipment and training. "The Crime Prevention Association has committed up to $20,000 to get those two bikes on the road, which we hope to start training in April," he said. 'We're very, very grate- ful to the Crime Prevention Association for their support, not only of this program, but of other activities within the police department over the last 17 years." Erin Johnson is at eagan.this-week@ecm-inc.com. --1 i - opt - 2_001-; r- ny by Erin Johnson THISWEEK NEWSPAPERS Three cities, including Ea- gan, have filed a lawsuit against the Metropolitan Airports Com- mission (MAC) over noise abatement issues. Eagan, Minneapolis and Richfield jointly filed the suit Wednesday. "We're asking the MAC to fulfill its commitment to insu- late 5,700 houses," said Laura Sether, spokesperson for the city of Minneapolis. According to the cities fil- ing suit, the MAC promised in 1996 to insulate homes severely impacted by airport noise at no cost to homeowners. In November, the MAC cut funds for its noise abatement program from $150 million to $35.4 million. Reasons cited for the cutbacks include increased spending on security and re- duced revenue after Sept. 11, 2001. The cuts affect about 5,700 Lawsuit/from 1A Cities file suit against MAC Eagan, Minneapolis, Richfield sue airport commission over noise homes in the three cities com- bined, and about 500 homes in Eagan, that were expecting noise mitigation.- Mitigation generally includes insulation, new doors, windows and central air conditioning. Under the new plan, homes will only receive central air, and homeowners must pay half the cost. Homes that already have air conditioning would not be eligible for any additional miti- gation, which means about 80 percent of eligible Eagan homes would see no relief. Eagan Mayor Pat Geagan said he's disappointed that it was necessary for the cities to file a lawsuit, but "we ran out of options," he said. Geagan said he recently vis- ited with former Eagan Mayor Tom Egan, who served at the time of the agreement with the MAC in 1996. "He is very, very definite that the mitigation was agreed See Lawsuit, 5A upon," he said. "We certainly wouldn't have filed this lawsuit if we didn't think we'd prevail" Eagan officials have said that the Noise Mitigation Program adopted in 1996 specifically states, "In no case should unre- imbursed financial impact fall on residents or their local gov- ernments" Eagan has repeatedly stated its opposition to the funding cuts, calling them inflexible and a financial burden to homeown- ers that defy all past commit- ments to noise mitigation. In 1996, Eagan supported efforts to keep the airport at its current location, which saved the MAC about $2 billion, said Eagan City Administrator Tom Hedges. That support was based on the MAC's commitment that homes in the 60-64 DNL would receive mitigation. DNL stands for Day -Night Level, an annualized average of the 24-hour noise environment around airports. The lower the DNL, the lower the noise level. The MAC has so far only insulated homes in the 65-plus DNL. In March, the Eagan City Council agreed to join Minne- apolis in a lawsuit against the MAC. The city of Richfield voted to join the suit last week. "We just want to see it all settled and have people get what they were told they were going to get," Geagan said. Erin Johnson is at eagan. thisweek@ecm-inc.com. „ k -' . tD uurk —T7K.h u re o t Lawsuit/from 1A Wrong eath lawsuit against Eagan dismissed by Erin Johnson THISWEEK NEWSPAPERS A wrongful death suit brought against Eagan by a woman whose 20-year-old son drowned in a city culvert was dismissed by a judge Dec. 20. The lawsuit, filed by Linda Haugen, alleged that Eagan and the Minnesota Department of Transportation (MnDOT) were responsible for the death of her son, Matthew, who drowned after being caught in an Eagan culvert July 8, 2000. Haugen charged that the city of Eagan was negligent by put- ting a protective gate on only the exit of a culvert and not the entrance, enabling Matthew to be swept in and trapped. Matthew and a group of young adults had been wading and floating on an inner tube in a water -filled ditch near Highway 13 and Silver Bell Road the night of the July 2000 Superstorm. Matthew, who lived in Lakeville, was swept by a current into a culvert that passes beneath Silver Bell Road. See Lawsuit, 10A wi ha Dakota County District Court Judge Richard Spicer wrote in a memorandum that "it is with a heavy heart that the court makes its decision in this cage.” "This accident should not have happened and quite likely could have been easily avoid- ed," he wrote. "However, the court is required to follow the law as it has been written and interpreted, without regard to any empathy that it may have for either party." The lawsuit was dismissed in part, he wrote, because there is a 10-year limit on col- lecting damages after "sub - stantial completion" of a con- struction project. Substantial completion of the city project, which included the culvert, was achieved in January 1990; Haugen's death occurred in July 2000. Spicer also wrote that the city was not negligent in its maintenance of the culvert. While the lack of two grates on the culvert is indeed unsafe, he wrote, it does not constitute negligent maintenance because only one end of the culvert was originally designed to have a grate. "In the present case, 'main- tenance' of the culvert would not call for the addition of a trash grate on the other end of the culvert, because, right or wrong, that end of the culvert was not designed or built with a trash grate to begin with," he wrote. The lawsuit also named the MnDOT because that agency is responsible for designing, constructing, repairing and maintaining certain roads, bridges and culverts within the state. Haugen was seeking a min- imum of $50,000 in damages as well as medical, funeral and burial expenses. Erin Johnson is at eagan.thisweek@ecm-inc.com edam, Ou-z —2 oD� CITY COUNCIL Eagan joins in noise suit against MAC The Eagan City Council voted unani- mously March 15 to join Minneapolis in a lawsuit against Metropolitan Airports Commission (MAC) over its noise mitiga- tion plan. In joining the suit, council members referenced a 1996 cofninitment' by the MAC to insulate homes severely impact- ed by airport noise at no cost to home: - owners. Approval for major expansion of the Minneapolis/St. Paul International Air- port involved complex negotiations, in- cluding a commitment to mitigate noise impacts on all homes exposed to an aver- age day/night noise level of greater than 60 decibels. But. this last November many city officials say the MAC backed away from that commitment and scaled back its noise mitigation program. The new plan calls for only air conditioning for those homes that currently don't have air conditioning along with a sliding scale fee for residents. Eagan officials said the results of that will be about 80 percent of the nearly 500 homes promised relief under the previ- ous commitment will no longer receive mitigation such as new windows, insula- tion and other measures. ."That violates what the Metropolitan Airports Commission promised .to. do in writing nine years ago," Eagan Mayor Pat Geagan said. "So we had to take action," . Geagan said that the official Final -Recorddol! `Decision in 1996 specifically states, "in no case should un-reimbursed financial impacts fall on residents or their local governments." In joining forces with Minneapolis, the cities are seeking to force the Metropoli- tan Airports Commission to honor its prior commitments or face a lawsuit to compel it to do so. "This is about accountability and it's about good faith," Geagan said. "We are pursing litigation on behalf of Eagan res- idents who relied on promises that were made by the Metropolitan Airports Com- mission, promises that were not kept." 12A Apple Valley/Rosemount, Eagan Sun•Currentlfhursday, Jan. 2, 2003 www.mnSun.com COURTS Lawsuit over Eagan flooding death dismissed BY JOSHUA NICHOLS Sun Newspapers A Dakota County judge has dismissed a lawsuit filed earlier this year by the LEGAL NOTICES Public Notice (Official Publication) Public Storage, Inc. 20296 Apple Valley 15075 Foliage Ave. Apple Valley, MN 55124 NOTICE OF SALE AND DISPOSAL OF PROPERTY Notice is hereby given that the personal property listed below will be sold at public auction held on January 16, 2003 at 15075 Foliage Ave., Apple Valley, MN 55124 at 3:00 p.m. The description of the goods and name of the per- son(s) whose personal property is to be sold is as follows: Maria Versalles - Space No. 489 Couches, tble chs, dresser, boxes, bgs, totes, misc. h.h.i. Patrick McGinn - Space No. 670 Air comp, wght. bench, boxes, mist. h.h.i. Kindra Kozak - Space No. 794 Wind. air cond., golf clubs, bx, bgs, totes, misc. h.h.i. (Jan 2 & 9, 2003) C2/ Pub Stor-AV 1 The accident that led to Matt Haugen's death occurred during the July 2000 "super storm" that left many areas of Eagan flooded. Haugen was wading in a drainage ditch along Highway 13 near Silver Bell Road when the current swept him into a drainage culvert. mother of a 20-year-old man who drowned after being caught up in the floodwaters during Eagan's July 2000 flooding. The accident that led to Matt Hau- gen's death occurred during the July 2000 "super storm" that left many areas of -Eagan flooded. Haugen was wading in a drainage ditch along Highway 13 near Silver Bell Road when the current swept him into a drainage culvert. The suit filed by Haugen's mom, Linda Haugen, alleged that the culvert had a protective grating over one end but that the entrance to the culvert was not covered, leading to Haugen getting trapped against the grating inside the culvert. The suit sought damages in excess of $50,000 and medical, funeral and burial expenses from the city of Eagan and the Minnesota Department of Transporta- tion. The accident happened within MnDOT's right of way. Dakota County District Court Judge Richard Spicer issued an opinion Dec. 20 that the accident occurred six months past the legal limit allowed to recover any damages. "It is with a heavy heart that the court makes its decision in this case," Spicer wrote in a memorandum. "This accident should not have happened and quite like- ly could have been easily avoided." Spicer dismissed the suit because state law states that wrongful death dam- ages related to construction that im- proves property are bound by a 10-year limit following "substantial completion of construction." The culvert project was completed in January 1990 and Hau- gen filed the suit in August 2002. Spicer could have allowed an excep- tion to the time limit if he had found that the actions of the city or MnDOT amounted to a case of "negligent main- tenance." However, he wrote in the memoran- dum that while the installation of a grate at only the outlet of the culvert created a "defective and unsafe condition" it did not meet the "negligent maintenance" level. Eagan Communications Coordinator Tom Garrison said the city has not seen Spicer's memorandum, but said the city had always believed the suit would be dismissed. "We believe the judge made the right decision in this case," Garrison said. GU cu • LUUc J.O4MM Inc nhLLHUt laNUUV TUESDAY, FEBRUARY 26, 2002 EAGAN No UUtld N. 1/1 Entrepreneur threatens to sue city and mayor BY MARA H. GOTTFRIED Pioneer Press Kevin Von Feldt, who has proposed building two stadi- ums, a casino and an entertain- ment complex in Eagan, is threatening to sue the city and the mayor. Eagan's city attorney has responded with a harshly worded letter, ordering Von Feldt to cease contact with the mayor and city council mem- bers. Von Feldt left a voice mail message last week for the city administrator but didn't detail on what grounds he would sue. City Attorney Michael Dougher- ty mailed a letter to Von Feldt on Friday, which called his demand for damages "shock- ing" and said it "appears to be an attempt to extort something from the residents of ... Eagan." Von Feldt did not return phone calls Monday. The Stone Lake, Wis., man has a history of run-ins with consumer protect tion agencies. He has both threatened and taken legal action against Minnesota offi- cials in the past. News of Von Feldt's threat to sue Eagan was announced dur- ing a City Council meeting last week. A voice mail left for Tom :Hedges, Eagan's city adminis- • tutor, was broadcast for council :members and the audience. - - `T wanted to talk to you about it before I gave them (the lawyers) the go ahead," Von Feldt's message said. "There's a provision on the contingency agreement that essentially, if I make a settlement after they file a complaint, they get in the area of the first half a million bucks that comes in. "I am really riot looldng for a large amount of monetary dam- ages, but I do want to have my proposal voted on by the resi- dents of Eagan, that is my objec- tive. That would be what I would be willing to settle for in lieu of damages." After the message was played, Dougherty said, "Mr. Von Feldt has threatened litiga- tion, but about what?" City officials said Von Feldt has never filed an application with the city for his project. He needs a legislator to author a bill for his proposal before it can move forward, because hiS plan for a private casino requires a constitutional amendment. American Indian nations cur- rently are the only groups that can run full-fledged casinos in the state. "I think that this is a last ditch effort for Kevin to attempt to blackmail the city into sup- porting his proposal," Eagan Mayor Pat Awada said Monday. "The City Council has never in the past, and will not now, be swayed by these sort of tactics." Mara H. Gottfried can be reached at mgottfrtedgpioneerpress.com or (65I) 228.5282. CORCORAN Restaurant near Ventura ranch burns No one was injured Monday night when fire broke out at Mama G's restaurant in Corco- ran. The fire began near the rear of the building about 7:30 p.m. and caused heavy damage to the kitchen area. Much of the rest of the restaurant suffered water and smoke damage. The popular restaurant is across County Road 101 from the ranch of Gov. Jesse Ventu- ra, and the governor was among the people who watched firefighters battle the blaze. The cause of the fire had not been determined. — Pioneer Press Pro Kelly St. Paul a Minnesa could coral cle, the gat( Two cor build on Street fron RiverCentr mix of reta ing on 5 pri Now Kc plans com ballpark in built on is Charities a Street. Cle by the Art toric 1886 i near irvini Kelly's rethink tt Circle proj deveiopm, Minneapo Inc. and stzuctton While c sentativet remain t Kelly has vital com city. "It is c property "The Gat developff ence in rr He w M Prato, of ci An tr illegal a City Hal the Chic the inve> Joe I inspectic g11lIty pl cal Mem a City ( Herron': Plaintiff drops lawsuit against elected officials (4/22/2000) Page 1 of 3 <ADVERTISEMENT> Need to get away? STORY OPTIONS . E-mail to a friend ▪ Print this article PioneerPlanet: front ► News Business ► Sports ► Entertainment/Just Go ► Living ► Tech ► Water Cooler • Special Reports Classified Ads ► Site index &Wat Published: Saturday, April 22, 2000 EAGAN Plaintiff drops lawsuit against elected officials Deal includes paying lawyer of former parks commissioner AMY SHERMAN STAFF WRITER Aformer parks commissioner dropped his lawsuit against three elected officials in Eagan on Friday, with both sides claiming victory. Both sides agreed to dismiss the case out of court that began when Michael Vincent sued the city and three officials after he wasn't re -appointed to the volunteer commission last year. Vincent agreed to the dismissal because he said he had prevailed on the principle of the case and wanted to save the taxpayers' money. Vincent had alleged that Mayor Pat Awada and council members Paul Bakken and Peggy Carlson violated the state's Open Meeting Law among other laws when they obtained a private investigator's report about him. Bakken and Carlson beat Vincent for seats on the City Council in 1998. The League of Minnesota Cities Insurance trust will pay $12,000 for Vincent's lawyer's fees on behalf of the city. The league agreed to the settlement because it would have been more expensive to continue the case -- not because the city or officials violated any laws, said Doug Gronli, claim manager for the insurance trust, which insures the city. The private investigator's report contained civil judgments against Vincent, driver's license data and his Social Security number in addition to other information. The report was compiled at the request of a woman who sued Vincent in an unrelated business lawsuit. It contained false information, according to a press release from Vincent. Awada, Bakken and Carlson viewed the documents -- not as a group -- but say they .../003390.htm&NS-query=Eagan&NS-search-type=NS-BOOLEAN-QUERY&NS-collection 4/24/2000 Plaintiff drops lawsuit against elected officials (4/22/2000) Page 2 of 3 did not violate any law by doing so. Eagan residents can now know that their public officials didn't do anything wrong, Bakken said. "It's like I had something on the bottom of my shoe that I finally managed to scrape off," he said. "I'm glad Mr. Vincent finally came to his senses and realized there was no wrongdoing on behalf of the city or any individual in regards to his park commission appointment," Awada said. That's not the way Vincent sees it. "Not only did I win, the community won," he said. "I think that what has been proven here is that as a resident and person in the community you have the right to hold your elected officials to a standard." Vincent said he pursued legal action after he failed to get an apology from the elected officials. The point of the case was to "let local officials know that secrecy will not be tolerated," Vincent wrote in a press release. The lawsuit elevated public awareness of the need to monitor elected officials, which is being undertaken by Eagan Organization for Process Enlightenment, he wrote. Started this winter by residents, Eagan Open aims to get citizens involved in reviewing city government procedures. The information in the private investigator's report was irrelevant to Vincent's pursuit of a spot on the commission, he said. If officials were concerned about what they read, they should have shared it with the entire council and talked to him about it, Vincent said. The mayor said she had a duty to look at the report. "It's very important to me to not appoint people who have bad character," since commissioners are public officials and a reflection of the city, she said. "Michael had numerous problems with many people in Eagan and those people were appalled that he was representing the city as an appointed official. Because I'm mayor they brought it to my attention." Awada obtained the report from the investigator, and asked Bakken to deliver it to Carlson. "When it was handed to me in an envelope I had no idea what it was," Carlson said. When Carlson asked Bakken to explain what it was, he said he glanced at it and said it was court judgments. The officials said they did not talk about how they were going to vote on Vincent's appointment. Council Members Bea Blomquist and Sandy Masin, both of whom supported Vincent's appointment, said their peers' actions were wrong. "This should never, ever happen again where one person is treated differently than all the rest of the applicants," Blomquist said. Four lawyers represented the three officials and the city. The bill for the defendants' lawyers has totaled about $78,245 so far, but it's possible that there will be additional costs, said Gene Van Overbeke, the city's finance director. The city will pay for $25,000 from its deductible while the rest will be covered by .../003390.htm&NS-query=Eagan&NS-search-type=NS-BOOLEAN-QUERY&NS-collection 4/24/2000 Apr . 24. 2000)r 7:5049 GuE- WALLACE GROUP on medical personnel testimony, Mayor Norm Coleman said. PAGE as 21e0 78 Friday to veto any bill that we w,.. Wdutner 'sr3 stall or repeal the Twin Cities light -rail project. PAGE 58 SUBURBAN '8 intersections 111 will y ita and nt. swap out rn arrows ,ng lights. 1 for the urprise to ►ey're the ones that are on the most. The county first experimented with the LED lights, which are being used extensively in some other parts of the metro, a ,few years ago at County Road 42''and Cedar Avenue in Apple Valley. That inter- section's stoplights racked up month- ly electricity bills from $180 to more than $200. "Ever since we made the change, the bale .have been constant at ;60 to $65 a month," Sorenson said. Doug Peters, who covers growth and devel- opment in Dakota County, can be reached at dwpetersaploneerpress.aom or (651) 228-2173. EAGAN SATURDAY, APRIL 22, 2000 Plaintiff drops lawsuit against elected officials Deal includes paying lawyer of former parks commissioner AMY SHERMAN STAFF WRITER Aformer parks commissioner dropped Iris lawsuit against three elected officials in Eagan on Friday, with both sides claim- ing victory, Both sides agreed to dismiss the case out of court that began when Michael Vin- cent sued the city and three officials after he wasn't reappointed to the volunteer commission last year. , Vincent agreed to the dismissal because he said he had prevailed on the principle of the case and wanted to save the taxpay- ers' money. Vincent had alleged that Mayor Pat Awada and council members Paul Bakken -and Peggy Carlson violated the state's 'Open Meeting Law among other laws when they obtained a private investigator's report about him. Bakken and Carlson beat Vincent for seats on the City Counci r in 1998. The League of Minnesota Cities Ins Tr- ance trust will pay $12,000 for Vincent's lawyer's fees on behalf of the city. The League agreed to the settlement because it would have been more expensive to contin- ue the case — not because the city or offi- cials violated any laws, said Doug Gronli, claim manager for the insurance trust, which insures the city. LAWSUIT CONTINUED ON 2B ► 41. • • VOICES "I'm glad Mr. Vincent finally I came to his lenses and realized there -was no wrongdoing on behalf of the clty or any Individual In regards to him park commission appointment. — MAYOR AWADA VOICES "Not only did I win, the community won. I think that what has been proven here is the es a resident and person In the community you have the right to hold yolkelected officials to a standard." — MICHAEL VINCENT SUED CITY, THREE ELECTED OFFICIALS 6514523504 -> CITY OF EAGAN ,TEL-6516814612 04/24'00 08:43 47OS929iL59 ol In ty val -n auer mig a mince iber the Ivic- has eat- -1 rim m. r- Idge a, age - rn and co cis dlty coal R'that in )RES O SOUTH SUBURBAN LAWSUIT • CONTINUED FROM 111 The private investigator's report contained civil judgments against Vincent, driver's license data and his Social Security number in addition to other information. The report was compiled at the request of a woman who sued V'm- cent in an unrelated business law- suit_ It contained false informa- tion, according to a press release from Vincent. Awada, Bakken and Carlson viewed the documents — not as a group but say they did not violate any law by doing so. Eagan residents can now know that their public officials didn't do anything wrong, Bakken said. "It's like I had something on the bot- tom of my shoe that I finally managed to scrape off," be said. "I'm glad Mr. Vincent finally came to his senses and realized there was no wrongdoing on behalf of the city or any individu- al in regards to his park commis- sion appointment," Awada said. That's not the way Vincent sees it "Not only did I win, the com- munity won," he said_ "I think ns, Ho! More Beautifixl Than Ever! Patio Geraniums White pots are back! 547 C f� that what has been proven here is that as a resident and person in the community you have the right to bold your elected officials to a standard." Vincent said he pursued legal action after he failed to get an apology from the elected officials_ The point of the case was to "let local officials know that secrecy will not be tolerated," Vincent wrote in a press release. The law- suit elevated public awareness of the need to monitor elected offi- cials, which is being undertaken by Eagan Organization for Process Enlightenment, be wrote. Started this winter by residents, Eagan Open aims to get citizens involved in reviewing city government pro- cedures. The information in the private investigator's report was irrele- vant to Vincent's pursuit of a spot on the commission, he said. If offi- cials were concerned about what they read, they should have shared it with the entire council and talked to him about it, Vincent said. , The mayor said she had a duty to look at the report. "It's very important to me to not appoint people who have bad character," since commissioaers are public officials and a reflection of the city, she said_ "Michael had numerous problems with many people in Eagan and those people were appalled that he was repre- senting the city as an appointed official. Because I'm mayor they brought it to my attention." Awada obtained the report from the investigator, and asked Bakken to deliver it to Carlson. "When it was handed to me in an envelope I had no idea what it was," Carl- son said. When Carlson asked Bakken to explain what it was, he said he glanced at it and said it was court judgments. The officials said they did not talk about how they were going to vote on Vin- cent's appointment. Council Mem- bers Bea Blomquist and Sandy Masin, both of whom supported Vincent's appointment, said their peers' actions were wrong. "This should never, ever happen again where one person is treated differ- ently than all the rest of the appli- cants," Blomquist said. Four lawyers represented the three officials and the city_ The bill for the defendants' lawyers SAINT PAUL PIONEER PRESS has totaled about $78,245 so far. but it's possible that there will be additional costs, said Gene Vans Overbeke, the city's finance direc- tor. The city will pay for $25,000 from its deductible while the rests, will be covered by insurance. The $1.2,000 the League will pay is separate from the lawyers' bills.. This case is separate from Virg cent being charged with forgery Dakota County District Court_ Vir} cent allegedly forged a letter by: the mayor saying she was consid-,_ eying a Senate bid_ He has denied the charges. The law firm that represented. Vincent. Mansfield, Tanick Cohen, will donate a portion of its' fees to a local organization that - fosters improved public policy and' monitors the conduct of elected' officials, Vincent wrote in a prest= release. Vincent said he has no interest in being on a commission, again, but hasn't ruled out running for City council this fall_ Amy Sherman, wtio covers Fear►, Inver __ Grove heights and Rosemount, can be reached at ashern an@pioneerpress_com or (f51) 298 2174. ,.e BUSINESSES • CONUNUFBFROMIB Joe's. And so on. Some survived up to four years. Most barely toasted a one-year anniversary. The extreme turnover is a Fred LaFavor mixed drinks wearing a tuxedo at the Cattle- man's Club in the early 1180s. For 25 years, he's been a faithful patron — no matter who owned it. "It's like a new building being born. I love the view and the peo- ple down here," said LaFavor, a Bathrooms were added upstairs. So was an outside deck. The dire-, ing room was converted into a fall - bar. Uniforms routinely switcheOL — Kendall wore a sailor top what: waitressiag at Captain Roberts;- today's staff is informal — and' menus regressed. The crowd ha:I' Plaintiff drops lawsuit against elected officials (4/22/2000) Page 3 of 3 Help 0 News Archives 0 Feedback 0 Back to Top insurance. The $12,000 the League will pay is separate from the lawyers' bills. This case is separate from Vincent being charged with forgery in Dakota County District Court. Vincent allegedly forged a letter by the mayor saying she was considering a Senate bid. He has denied the charges. The law firm that represented Vincent, Mansfield, Tanick & Cohen, will donate a portion of its fees to a local organization that fosters improved public policy and monitors the conduct of elected officials, Vincent wrote in a press release. Vincent said he has no interest in being on a commission again, but hasn't ruled out running for City Council this fall. Amy Sherman, who covers Eagan, Inver Grove Heights and Rosemount, can be reached at asherman(&pioneerpress.com or (651) 228-2174. 2000 PioneerPlanet / St. Paul (Minnesota) Pioneer Press - All Rights Reserved copyright information .../003390.htm&NS-query=Eagan&NS-search-type=NS-BOOLEAN-QUERY&NS-collection 4/24/2000 Jun. 8. 2000 8:15AM THE WALLACE GROUP MNSUN - News No 2123 http:.;:mnsun.corn. tory.asp7city=Eagan&story=38444 ucn papery rte?act mown Local News qta Local Sports up, ifE 3t a Illi§pot't!#?'.f` OW Sports Srieft'Ii ventstS res Business News CIaeslfleds i1 IalS>�iliis 3i31ii Weather 'gather:;; Past News ago• i1111�,, Front Page tatEiteN Spin To Win! LLJJ {{���JJ � ,(l• t i1w�1� {] LJtn' :if I.1.s.d a011.411,134rrie'Y 1)04s 11,N' Online wry Local ForecastThursday, Jun. 8, 2000 1. I'll ll : ' 1 lMR EAGAN 14014 fe1131tta.4 .38 e::„ " I1E31ur Local News CI ck Here Center advocates file complaint over fliers (Created 6.'7'00 7:51:23 AM) Eagan Central Park and Community Center supporters flied a complaint last week over literature they claim distributes false information about the city's 515.35 million bond referendum on June 6. Cyndee Fields, a member of the task force that steered the park and center process, wrote a May 29 letter to the Dakota County Attorney's Office alleging three violations. Fields wrote the complaint on behalf of Residents for Recreation, a citizens group that supports the park and center and Eagan recreation in general. The Dakota County Sheriff's Department was investigating the alleged violations as of press time. According to the complaint, the literature did not feature a disclaimer, were placed In mailboxes and stated "If you don't vote, It will be a 'yes' vote!" Alice Kreltz, an opponent of the referendum who helped prepare the literature, described the complaint as "frivolous and totally misleading." 1I PoporSo`lo Photo Glossy Gove?�t.5° I 10 Sheets 1of2 6514523504 => CITY OF EAGAN ,TEL=6516814612 06,108,'2000 9:09 AM 06/08'00 09:08 i byErin Johnson THISWEEK NEWSPAPERS A former member has filed a lawsuit to force the Eagan Char- ter -Commission to follow its own bylaws and disband. Tom King was an original Charter Commission member who served for about a year be- fore resigning. In the lawsuit, King claims that the commission's own by- laws require it to disband if a ch' �arr is defeated by residents. A proposed charter was -de- feated by 80 percent of Eagan voters last November. In February, Charter Com- mission members voted 8-4 to remain intact. King was unavailable for comment, but his attorney and b4 -2,3 --z,oS Lawsuit targets Charter Commission B t oup to disband says former member y aws require gr fellow charter opponent Paul Bakken said the lawsuit is an "instrument of regrettable ne- cessity." "If the Charter Commission followed its own bylaws, this wouldn't be necessary. But they didn't, so it is," he said. The commission's bylaws state: "If the commission or. voters determine a charter is not necessary for the city, the commission shall dissolve as directed by Minnesota Statutes, Chapter 410 as amended." Although she wasn't aware of that particular bylaw, Char- ter Commission Member and Former Chair Betty Fedde said that the lawsuit has no merit be- cause a state statute overrules the commission's bylaws. The statute dictates that a charter commission may be dissolved with a vote by three -fourths of _ its members, she said: ' The bylaw states "as directed by Minnesota statutes," said current Commission Chair Jon Felde. Other bylaws specifically relating to the dissolution of the commission also call for a three -fourths vote, he said. "To me, the law says you've got to have three -fourths of the members `vote to discharge," he said. "Certainly there's noth- ing inthe bylaws that says the charter commission should be disbanded by a court order." Felde said the commission followed the statutory guide - See Lawsuit, 6A Court denies fee refunds in `Country Joe' lawsuit By MARK LARSON District Court Judge Rex D. Stacey decided the city of Ea- gan will not have to refund road connection fees paid by taxpayers since 1978. The court battle, known as 0 3 00 axw < 0'< fD a ^ CD cmE"" 0owco<0 ocro•-0Rog nri. CD O. 0 a 0 0-0 Po 4• N (D a N (D ° ° o y (D 7 �. w ^ 00 7 p' a c o 3< w a E v s p 0 3. ,. 0 0 o hH 0 0 �' 3 H ^ •� •, v d0 0 d 0^'� 0.a m '0 0 = w 0 3 c; o o .^ �e � 0 a, _ a'•.••, cn E 0 0 craw acoo the Country Joe lawsuit, began in 1994 when a group of con- tractors, led by Country Joe, Inc., challenged the city's authority to impose the road connection fee and sought re- funds of the fees paid during a six -year period. _•;+w 0 c 0 c o o 0a0mv(0o CD (D v o w oCD CA (^o ... . n, 'CrQ sto fD - n -0i c- c co w d a w e CO x "This is not a case where jus- tice cries out to remedy a wrong imposed by an over- reaching government. Indeed, the Minnesota Court of Ap- peals recognized the forward - thinking of the City Council in anticipating and planning for meeting the future needs of its citizens," said Stacey. "The money is not being secreted in a hidden account in the city coffers; it is beneath the feet and cars of the residents of the city of Eagan." City officials instituted the 0,_.a-aa c0D -G 0 F �o �� con-0 o a _ .- 3 c0 ., -, 3 °' o< 9 O R 5 3 0o E a c 0 5 cc 7 0� 0 bn 0 0 0-, • 0 w n X ' co ca1. 0, 0 . any S 3• a M w 0 . cc . 0 C E Et'. o= o 0 w. • 3 •nco o .. �e o 3 ^� n� r ACC a.0 0 co O (D ?�e av`t n E o n 2 v' E w a C „ -0 - 0 0 0 w 0 0 o 0 ci (o ^ O n " a 3 0.»,0 0 0- a a y a 0 inn 0 --o 0 c °i a a' o fD a ao (00 ° e^ A"w o `� a 3 w c w _� c�"D o 0 c v, o ".. . en Or.. (9 O co (D OQ f, c° co O_ C (D`< c0° 0 c O 0 Cr 0 w 0 0 o n. � < 00 Y w o, o; a OQ 0. CD g CV ?'? 'n cn�p 9.."3 0 �a_� 3 o y W (D "-0 ° 0 'y a O P, 3 a y» 0 0 S"9 .fl en 0 0 CD o n- a y .., .- • 7 c CT En 0 E .^. � 00 < 0. -: (D d 3. cn ET c$•a sc-0•e o en ^ 0 en ° y•• . �0o a c 0 Oo w 0 0 w c E a o o a-. w. (moo w ^. vw, 0 S 7 3 o w 0 cm CD 0 CCD oac 0 0(D - a ar co v: o 0 O a E • 'c 0. co o a 0 o'< H = 0 0 E -=w c o .. • w w E co .,., 0 0 a o CA 0 3 • 0 0 io 3 w w 3 -. w c c 000 . - 3 (mac ^o coo °c' n. E 0 en -aaa =0 0 <r o o w`< w SPe a 0 - _� 0 0 c T :. e2t, : w < (13 0 04 en 0 O (-y rn-;0. : -, (o 0 0 0^ _0�3_cWa^ ,. 3CD(D0. 00Qcn=g: MN w 0 .� �<N y.a 3O 70 O C0 00 �G e3. rn �' (D �' n.00 0 3 �, - ° o c 0 g. 300 0(o•w(Da-d ...i rn (moo^fDy c CD x'Ca c o ,•., 0 3 << a n en gyp- en w 3 a (D a E y 0 y w v w �'o o o 000' ,c 3 co 0 0 a0 0 a ay - oncm0 co , 1accoo ° cv c^o S cD (e Co '" "^+t =. a a'", - o 'D 0 n i9 "co =• 0 S 7 3 ,°i, -9 0° 0 co_^ 0 x n n ° o 00 0 .. w° 3 cn o 0 3 3 0 0 0 0 +, io 0 a: a:- 0 nw CO n.0 3 n c- a3 (a. " co a° 0• ° a0 a 3' in = 3 in (7, (D a' ° 0 ='= 0 0 0 .' rn ° a i •-, 0 r7 ° 0 iD E.�. = 0 cr N Pa, 7• 0 Cr n0 0 y.000 =..e 3 •o .., ^ w cy y 3 = 3 rnn''w w w c 0 w 0 CD 0D 0. -w' `e O i9 a i]: k< CO (3D= Sa 0cw v, ? 0 N 0 w Q. 0. CD Di C f) w 0"0 0 a 3 3. w 0 a 0 S. 0. ^ 0' CA 7 CD 0 O road connection fee in 1978 to meet road construction needs of continued development. According to City Adminis- trator Tom Hedges, the mem- bers of the City Council be - (See Lawsuit, p.20A) w 0 0 CIO 0 x O 0 aa3 0 E -, y cr 000 '-0+ E cD S# en " b � coly P a .-a 0. Ps 0. 0 '0 0. C) - c 0ccn 0< ^.o0cn o o a CO 0o co <• ° (0 0 ^ ° n, 0 a w 0 w (D c _ < co ^ 'y 00 o •a a a = y' 3 w ° 'n b �' n p' .c`^. m 0 0 GP a' (D '< CD 9. c „y• G,e 0 ..j 3 n: co o (D 0 w o 0 3 a occo (moo =+ 0 3 wCD � ^o H -n* .0� 00.c y vt 0 wcO(D0.D0'7'' �04S en an Sci, co o o a°0' 30(°0 0 a' a 0 .00•. ,:,; a: y 0 w CD 0 -a3;. 'Oc o v,3.e�'i, S o0 ° `� ~ c 2 Q' w iD' o ,- , (o O 00 ,•+, in c•, n w c a 0w ,'�' (� .'L7 w 3' M. n < w �. cr a O w a y ? ,t N 9• -• (Ago 7 �• ° �• ? w ' w 0' o. •e 0 0 °< ° 0 p c. o .4 caD a 0 a 0 a 0 3 0 a. a '�"00 00 ,. en 0 W a (0 Q `? 0 7 en S n H 'Cl 0 0 ^' 0 0✓ •w (D 00 D WA, ((E 1 t \ - Custodians' contract brings district taste of structural balance Arbitration gives district's custodial workers raise By Joshua Nichols Sun Newspapers An arbitrator's decision on the West St. Paul -Mendota Heights -Eagan school district's contract with its custodial workers union ended a process that began nearly a year ago and also brought the district its first experience with structural balance. Structural balance, which is part of the property tax reform enacted by the Minnesota Legislature last session, states that any labor contract settled by a district must not put its budget in the red. District 197 originally agreed to bind- ing arbitration in the spring of 2001 with Local No. 70 of the International Union of Operating Engineers, which represents the district's 39 buildings and grounds workers. Arbitrator Thomas P. Gallagher awarded the union a two-year contract covering July 2000 to June 30, 2002, with a 3 percent hourly wage increase in each year and a total increase of 9.66 percent in wages and benefits over the length of the contract. The structural balance reporting forms the district will submit to the De- partment of Children, Families and Learning (CFL) shows salary and bene- fits of $1.64 million in 2002. It also shows a projected cost of $1.61 million in 2003. Even though the contract doesn't extend that far, the structural balance reporting law requires the district to project a year ahead, said Richard Ju- lander, director of business services for the district. The funds to cover the settlement come out of the district's general fund, which would show a fund balance of $1.9 million in 2002 and 2003 after the con- tract and all other general fund costs are taken into consideration. The School Board is required to sub- mit two reporting forms in addition to a resolution stating the settlement does not exceed its budget. The first form deals with the specific bargaining unit in the contract and the second form cov- ers all the district's labor contracts. In addition to the hard copies of the forms, the district will fill in the infor- mation on the CFL Web site so that the public can easily access it, Julander said. "I'm not sure if these forms would tell me as a member of the public if the con- tract is structurally balanced, but it's out there on the (CFL) Web sitefor peo- ple to look at and form their own con- clusions," Julander said. Julander said the effort in compiling the structural balance information added up to the equivalent of one -tenth of a full-time position. With the effort needed for every contract settled in the district, Julander said he doesn't foresee the impact decreasing. The directors on the board said they were concerned that the new rule would push districts' resources while not doing much to accomplish its stated goal of keeping contracts in line. "I think the impacts of this should be passed along to our legislators any time we get the chance," Director Max Sauce - do said. "Our resources are stretched thin as it is and it's hard for us to devote our resources to this effort." Board Chair Jim Nikolai raised an- other concern regarding the structural balance requirement. Since each con- tract must be shown to be structurally balanced, he asked Julander if that meant it would benefit bargaining units to settle early because the funding avail- able while maintaining the balance would grow smaller each time a contract is settled. "Wouldn't it benefit the bargaining groups to settle early?" Nikolai asked. "It would seem that it would leave less [money] available as time goes on and that would also make it harder to settle contracts later in the process and re- main structurally balanced." Julander said it isn't clear yetsince the district and all other districts in the state are dealing with structural bal- ance requirements for the, "Irst time, but that it "theoretica"1ly"'would be the case. 1 bei6 \ (�' twr,It,� InbuvU. Hearing held for Lexington upgrade by John Sucansky Staff Writer The Eagan City Council held a public hearing for the improvement project scheduled for Lexington Avenue at its Jan. 16 regular meeting. During the public hearing several members representing the U.S. Postal Service and employees of the Bulk Mail Center, both located along Lexington Avenue, addressed the council requesting the addi- tion of a traffic signal at the intersection of Gemini Road and Lexington Avenue. Brian Marshal, representing the U.S. Postal Service, informed the council that traffic safety near the intersection would improve greatly with the addition of a signal to prevent the mixing of faster car traffic with slow merging trucks from the Bulk Mail Center. See Lexington, 6A Lexington/Continued Mayor Pat Awada asked about the possibility of the post office developing a reliever street on the rear of the property that could exit onto Denmark Avenue, pro- viding that the post office allow the city of Eagan to use the property to extend Denmark Avenue further into the property. The city and the Postal Service agreed to look further into possibilities that could relieve traffic congestion and potentially dangerous situa- tions of mixed truck and car traffic during future meetings. Funding sources for the project will be divided between city and county. The city is expected to pay for 45 percent of the street construc- tion cost, with the county picking up the remaining 55 percent of the cost. The total cost of the project has been estimated at $6.6 million, with $4.25 million going to street construction cost. The project is expected to be open to traffic by Nov. 2. Final project completion, which will include the com- pletion of bituminous trails along the roadsides, is esti- mated to be June 14, 2002. Citizens can expect the first property tax payment for the cost of the project to be in May of 2003. iKwtaA. w- if—���g I Volume 20, No. 34 http://www.thisweek-online.com October 18, 1998 I Court of Appeals releases decision on Country Joe lawsuit By SARA THOMALLA-BLOOD Judges from the Minnesota Court of Appeals ruled Oct. 13 that the city of Eagan is not required to refund nearly $3.2 million in road connection fees. Though the court didn't re- verse the decision that the road connection fees were illegal, it did say the city doesn't have to refund the money already col- lected. The decision that the road fees were illegal wasn't up for debate. But, litigants in the class action lawsuit were asking for the funds already collected to be returned. Attorneys representing resi- dential and commercial prop- erty owners in the class action Eagan not required to refund $3.2 million ress, which lawsuit against the city say they plan to appeal the deci- sion to the state Supreme Courti. In 1994, sixbuilding contrac- tors filed what is known as the Country Joe lawsuit to chal- lengeroad connection fees that had been charged by the city since 1978. Those fees were used to help finance road im- provements. "The city looked at ways to make :certain it had good infra- structure — streets. It was only after this big wave of construc- tion did we receive notice of the lawsuit," said City Admin- istrator Tom Hedges. The Dakota County District Court deemed Eagan did have the authority to charge the road connection fee. The case made its way to the state Supreme Court in March 1997, and the court ruled the -tax illegal. In July 1997, nearly 20,000 Eagan residential and com- mercial property owners were notified they may be included in a class action lawsuit against the city. The suit would determine whether any refunds should be made and, if so, to whom those refunds should be given. Joanna Foote, the city's communication director, said recipients of the notice were' not guaranteed a part of any possible future settlements. Attorneys supporting the class action lawsuit believed that because the state Supreme Court had found the road con- nection fees to be illegal, ap- pellants were entitled to dam- ages. They believed - the charges should not be classi- fied as• a tax, because an "illegal tax" — which the road fees were deemed — isn't covered under state statutes and therefore cannot be re- funded. They also argued the appel- lants paid the charge under du - should dictate re- covery even when there are no statutory provisions listed un- der these circumstances. Judge Roland Amundson, who wrote the decision for the Court of Appeals, said the court must rule that, for pur- poses of legal definition, "the charge is, nevertheless a tax, albeit an illegal one." This action was based on an earlier decision made by . the Dakota County District Court. "The classification of the charge as a tax has implica- tions for appellants' recovery," continued Amundson. He cited a 1986 Minnesota case, which determined the (See Lawsuit, p.27A) ena. om- Ito for by eld for Lawsuit (Continued from front page) state governs the right to claim a refundof taxes .voluntarily paid. "However, no statute exists governing any refund of an un- authorized tax in Minnesota. While this seems curious, any lacunae (blank portions) in the In system must be addressed by the Legislature," wrote Amundson. d Amundson ruled the appel- v lants paid the fee voluntarily, ' which precluded their right to a refund. "We feel the decision was obviously wrong," said Tom Goodman, one of the attorneys representing the lawsuit. Goodman said the court's deci- sion not to have Eagan pay back funds illegally collected was "wrong-headed." "We want the fee returned to the people who paid it," he said. "We want to put the money back to the homeown- ers who paid." The city released a response prepared by attorney Michael Dougherty. "The city is pleased with to- day's decision and believes that the Court. of Appeals "pro- tected the interest of the cur- rent residents and, at the same time, prevented the builders from obtaining a cash wind- fall," wrote Dougherty. 5/Lw UPC 10330 No. 153L HASTINGS, MN Look inside this issue for Bulletin Board 750 Newsstand 2 Sections Volume 22 Number 44 Faithful Shepherd sets sights on Fagan The first Catholic school to be built in the Twin Cities Area T =ia three decades may be built in Eagan. The Board of Directors of Faithful Shepherd Catholic School signed a purchase agreement for 28 acres of land in Eagan. INSIDE ON PAGE 10A District 191 voters go to polls Nov. 4 Resi- dents of School Dis- trict 191 will cast *' their votes next week in Abe- ex- VOt 'pass levy referendum election. EAGAN October 29,1997 INDEX Opinion.. Page 4A Let It Be Known Page 18A Calendar Page 20A Sports Page 21A Classifieds Page 1 B Crossword Page 3B Judgment day nears for class action case By Sue Hegarty Minnesota Sun Publications A Dakota County Judge said he will decide within a few days whether the city of Eagan should pay what could amount to a multi. million dollar settlement in a class-action lawsuit filed by Twin Cities' builders. The 3-year-old lawsuit result- ed when builders complained that Road Unit Charges Eagan collect- ed, along with its building per- mits from October 1988 to March 1997, was an illegal tax. The builders lost their case in District Court, but won in a Court of Ap- peals. The Minnesota Supreme itlitirs Courts Court upheld that decision and ordered the penalty phase of the case back to District Court. On Oct. 23, Dakota County District Judge Rex Stacey heard attorneys' arguments regarding why Eagan should or should not pay builders and homeowners back money they paid for road unit charges. "It's not an easy case, but I'll get a decision out hopefully in a couple of weeks," Stacey said after the hearing. In its defense, the city argued that the builders paid the road unit charges voluntarily without protest. Their failure to protest should disqualify them from col- lecting a settlement, argued At- torney John Baker. "The court ought to find that protest is required and that they at least complained about the charge at the time it was charged," Baker said. No evidence came forward to show that builders objected at the time they paid the charge or that they sought a refund, he added. An attorney for the plaintiffs, on the other hand, said failure to protest does not mean there was no duress imposed or that builders shouldn't recover the charges. Builders were forced to pay the road unit charge under duress, said Wood Foster. "The universal rule is when there is duress, protest is not nec- essary," Foster said. He cited 10 other Minnesota case histories regarding duress, the oldest case dating back to the 1800's. Back then, it was more common for people to pay taxes or fees under protest. Today, that' not necessary. "This case is a classic example of what a class action is for," he. said. JUDGE: To Page 19A Eagan High to present Webber's `Joseph' Eagan High School will present Tim Rice and Andrew Lloyd Webber's "Joseph and the Judge: Few opt out of lawsuit From Page 1 A Builders had no choice but to pay the fees associated with obtaining a building permit in Eagan, Foster said. Without pur- chasing a building permit, the only thing they'd be allowed to do on their land is "have a picnic," Foster said. "It's clear that this is a classic instance of duress," he said. The road unit fee was charged during the 1970s also, but builders can sue for damages for only the past eight years. In 1978, the road unit charge for a single-fam- ily home was $75 and by 1994 it had been increased to $410. The city used the money to develop roads in and around the new de- velopments. During last week's judgment hearing, Stacey raised a question previously asked by city officials: "Should I look at who has benefited?" Baker answered for the city saying, "What the money went for was very rele- vant. Homeowners were the first to realize, 'Pm going to pay one way or another,' be it through a permit, road tax or mil levy," Baker said. But Foster said that issue is no longer relevant. "For two years and eight months we litigated whether a Road Unit Charge was legal. Now the focus changes to re- covery," he said. "For every wrong there is a remedy. If you allow the city to keep all the money they collected, which is mil- lions of dollars, because (builders) have not protested, then what becomes of the Supreme Court decision that said this was an illegal tax. You'd create virtual immunity," Foster told Stacey in his clos- ing arguments. The case originally was filed by six builders but is referred to as the Country Joe Lawsuit, named for one of the plaintiffs, Joe Miller. After it was granted class action status, notices were sent to every property owner in Eagan, about 22,000, allowing them to opt out of the class action suit. Fos- ter said about 50 property owners with- drew from the class action. Other cities are watching this case, the first of its kind in Minnesota. A similar suit was filed against the city of Apple Valley, but is on hold pending the outcome of the Eagan case. MVTA: Drivers convert to bus From Page 1 A p.m. bus from Minneapolis to the transit station and on to Savage; a 7:01 a.m. bus from Burnsville to St. Paul with stops along Highway 13 and at the Black Hawk park and ride in Eagan; and a 4:34 p.m. bus from St. Paul to Burnsville. Swartz admits response to the growth may have seemed slow, due to the difficul- ty the MVTA had in securing drivers and vehicles to transport the expanded rider- ship. Some of the buses on the street aren't yet painted like other MVTA vehicles, as the agency wanted to get them on the street fast as possible, Swartz said. vice would be as good as the metro," said Bauer, who works for a Minneapolis law firm. Transportation was so important that before Bauer moved to Nicollet Ridge Apartments, he called the MVTA to find out what was available. The first day he rode, Bauer was uncer- tain as to where he would exit downtown. As it turned out, he is dropped off a short distance from his office. He also wasn't sure where he was to catch the bus at the end of the day, but a map given to him at the transit station pro- vided him all the information he needed, he said. Swartz added that the bus also gives rrnrr, timn tbn, .-.-1-icn ,•nnl,i Apple Valley/Rosemount, Eagan Sun•Current/wednesday, Oct. 29, 1997 19A Q: Dear G.E., Both my wife and live in Minnesota and qualify for Medicare, but we must purchase supplemental insurance to be adequately protected. This costs us about $338.00 a month. We have friends in both Arizona and Texas who tell us their Medicare covers everything except $7.00 a prescription with no supplemental insurance. My questions are as follows: 1. Does each state handle their own Medicare? 2. How many states have plans that cover all the supplemental Medicare expenses? 3. Why is there this discrepancy? Darrel J. Rial Bloomington, MN A: Dear Darrel, Each state is reimbursed by the Medicare system based on the average medical costs in that state. Because the average- costs here are less, Minnesota HMOs are reimbursed at a much lower rate than other regions of the country. In turn, the HMOs here charge premiums to their Medicare members to help cover the costs. To my knowledge, four states do not charge for supple- mental coverage: Florida, Texas, Arizona and California. There may be others of which I am not aware. Of the 136 national Medicare HMOs, half charge no premiums to their enrollees, partly because the federal government pays them a higher reimbursement for each member. Only six HMOs nationally charge in excess of $80 per month. Here is a chart comparing MN to the U.S. average: MN U.S. $3,423 $3,941 • Avg. Medicare pmt. per enrollee • Enrollment in trad. Medicare • Enrollment in managed Medicare 81% 91% 19% 9% • Avg. premium for less Medicare HMO than Tower: Council has denied request twice From Page lA Twice the council has denied the re- quest, though the Planning Commission recommended approval. Last July, AT&T proposed the con- struction of an antenna tower and an equipment building on city -owned proper- ty at Cliff and Oak Chase roads. When the council denied that plan, AT&T came back to request the same tower across the street on Parkview Golf Course. Four neighboring property owners objected to the tower, saying it would be a visual in- trusion that may lower their property val- ues. The council also denied that request. There currently are 10 communica- tions towers in Eagaii, two of them owned by AT&T. A limited number of radio fre- quencies is available to provide cellular telephone coverage. The system is divided into a series of cells, each served by a cell site. Determining the appropriate location and height for each new cell is a complex task that takes into account several vari- ables, according to the complaint. Due to the limited number of frequencies, AT&T says it must reuse the same frequency within the overall system. Each new cell must be located so as not to interfere with ' cells using the same frequency. -'insider is whether the '-^m the trans - towers of up to 100 feet for single users or 150 feet, provided the tower is shared with other service providers. When a tower abuts a residential property, the setback distance must be double the height of the tower. Locations in Eagan are restricted to in- dustrial or public districts through a con- ditional use permit. That presents a prob- lem in south-central Eagan where the zon- ing is primarily residential. City Administrator Tom Hedges said the council will consider increasing the setback distance requirements from resi- dential properties. Hedges called the cur- rent setback requirements "inadequate." "We are planning to bring back a study that we've done very expeditiously to ad- dress the cell towers," Hedges said. "We've really narrowed the issue down to the con- ditions of how the cell towers set back from residential neighborhoods on public facili- ty zoned property. That was why we adopt- ed the interim ordinance (moratorium)." The city is researching other solutions. One would be to replace existing utili- ty poles with cellular tower poles. Kevin Maas, land use manager for Cooperative Power, said city staff has contacted him about such a solution but the possibility has not been researched. Another solution may be to allow cellular service providers to deviate from maximum tower height if they agree to increase the dis- from residential areas. The City Coun- 1-1Qd to meet Tuesday, Oct. 21, --disance. v01 y Vl 1111441C school student can be that of tutor, ad- dressing particular educational skills, such as reading, math, or computer sci- p.m., at the Dakota County Government Western Service Center, Apple Valley. Information/registration: 891-7481 (John Tulk). Scruples Professional Salon Products is looking for models for on -the -scalp lightening. All services done FREE of charge. If you have dreamed of being a blonde, give us a call at Scruples. TEAM GILBOA • TWENTY SIXTH ANNUAL SKIS SNOWBOARDS MTN. BIKES IN- JNE SKATES CLONING WATERSPORTS EQUIPMENT THOUSANDS of NEW SKIS,SNOWBOARDS, MOUNTAIN BIKES and RELATED ACCESSORIES & ACCE-"'1RIES from the TWIN CITIES' TOP OUTDOOR SPORT RETAILERS. Hundreds of New & Used Kids' Skis under 150 cm 11/11) 111.3 SPONSORED b MT. GILBOA SKI RACING and HYLAND HILLS SWAP- a3°�$°` oti N �`.;�� N'e* II you'd like to sell or buy any quality used stuff, this is where you'll want to be! $`�`� aa'� att'o'NNss``•42, Last vP- e�'° •z`\`•` „12N a0.� gas Qv`s" z Pierce Skate & Ski Hyland Hills aa�3 04 .s .at a.0 _ %s1. Midwest Water Sports Prairie $a�Q�Q�s' so��`�`Q aac o'3—. ass CYCI�' " a> q..���Qa� Crystal Ski & Patio ���$ `� p‘`. "The House"Snow` ��a� $2.00 Tower: Council has denied request twice From Page lA Twice the council has denied the re- quest, though the Planning Commission recommended approval. Last July, AT&T proposed the con- struction of an antenna tower and an equipment building on city -owned proper- ty at Cliff and Oak Chase roads. When the council denied that plan, AT&T came back to request the same tower across the street on Parkview Golf Course. Four neighboring property owners objected to the tower, saying it would be a visual in- trusion that may lower their property val- ues. The council also denied that request. There currently are 10 communica- tions towers in Eagaii, two of them owned by AT&T. A limited number of radio fre- quencies is available to provide cellular telephone coverage. The system is divided into a series of cells, each served by a cell site. Determining the appropriate location and height for each new cell is a complex task that takes into account several vari- ables, according to the complaint. Due to the limited number of frequencies, AT&T says it must reuse the same frequency within the overall system. Each new cell must be located so as not to interfere with the other cells using the same frequency. The other factor to consider is whether the antenna is in a line of sight from the trans- mission receivers. Generally, that requires that towers be placed on a hill or tall build- ing within the cell site. Current zoning allows free-standing towers of up to 100 feet for single users or 150 feet, provided the tower is shared with other service providers. When a tower !abuts a residential property, the setback distance must be double the height of the tower. Locations in Eagan are restricted to in- dustrial or public districts through a con- ditional use permit. That presents a prob- lem in south-central Eagan where the zon- ing is primarily residential. City Administrator Tom Hedges said the council will consider increasing the setback distance requirements from resi- jdential properties. Hedges called the cur- rent setback requirements "inadequate." "We are planning to bring back a study that we've done very expeditiously to ad- dress the cell towers," Hedges said. "We've really narrowed the issue down to the con- ditions of how the cell towers set back from residential neighborhoods on public facili- ty zoned property. That was why we adopt- ed the interim ordinance (moratorium)." The city is researching other solutions. One would be to replace existing utili- ty poles with cellular tower poles. Kevin Maas, land use manager for Cooperative Power, said city staff has contacted him about such a solution but the possibility has not been researched. Another solution may be to allow cellular service providers to deviate from maximum tower height if they agree to increase the dis- tance from residential areas. The City Coun- cil was scheduled to meet Tuesday, Oct. 21, regarding the antenna ordinance. school student can be that of tutor, ad- dressing particular educational skills, such as reading, math, or computer sci- p.m., at the Dakota County Government Western Service Center, Apple Valley. Information/registration: 891-7481 (John Tulk). Scruples Professional Salon Products is looking for models for on -the -scalp lightening. All services done FREE of charge. If you have dreamed of being a blonde, give us a call at Scruples. TEAM GILBOA • TWENTY SIXTH ANNUAL SKIS SNOWBOARDS MTN. BIKES IN.UNE SKATES CLOTHING WATERSPORTS EQUIPMENT & ACCESSORIES q.•. • i SPONSORED b MT. GILBOA SKI RACING and HYLAND HILLS THOUSANDS of NEW SKIS,SNOWBOARDS, MOUNTAIN BIKES and RELATED ACCESSORIES from the TWIN CITIES' TOP OUTDOOR SPORT RETAILERS. Hundreds of New & Used Kids' Skis under 150 cm If you'd like to sell or buy any quality used stuff, this is where you'll want to be! Pierce Skate & Ski Midwest Water Sports Crystal Ski & Patio "The House" Snowboards Hyland Hills Prairie Cycle & Ski Fitz Harris Ski & Sports Last year's high performance demos from: SALOMON ROSSIGNOL INFO SWAP check in Fri,9AM•9PM check out 3.6PM Sun. Items not picked up by 6 PM Sunday will be donated to Courage Center SALE HOURS OCT, 24 5PM.10PM OCT. 25 9AM,4PM • OCT, 2610ANPM $2.00 entry fee per item + 20% of each sale benefits Team Gilboa I 4REA 111100 CWAI Pr nn ._ .. ,,.,� AT&T Wireless files lawsuit against Eagan Ordinance changes discussed By ERIN HEMME FROSLIE Revisions to the city's tower ordinance are expected to be presented to the Eagan City Council sometime in Novem- ber, but even if approved it may be too late to avoid pend- ing litigation. AT&T Wireless Services filed a federal lawsuit against the city of Eagan Oct. 2, alleg- ing the city violated the Tele- communications Act of 1996. The suit rises from the City Council's denial of a condi- tional use permit (CUP) and subsequent passing of a mora- torium when AT&T Wireless requested permission to build a 100-foot communications tower on the Parkview Golf Course in southeastern Eagan. The interim ordinance was passed to allow the city time to review a recently passed communications ordinance. The moratorium expires Aug. 31, 1998, but may be extended until February 2000. It may also end sooner, if the council approves a revised ordinance. AT&T listed eight counts against the city of Eagan and called for damages in excess of $75,000. In a 15-page complaint, AT&T alleges that the city's denial of the CUP "constitutes an illegal attempt to regulate the entry of and rates charged by AT&T." The complaint also states the council's denial of the CUP and the moratorium "prohibit wireless services and violate (the Telecommunica- tions Act)." AT&T also alleges that the moratorium illegally delays its application for a CUP. (See Lawsuit, p.3A) C> NO SECURITY Includes 1st Payment M.S .R.P $21,165 Discount Et Incentive - 2,770 III* $1812 Doors, AM/FM Cassette, Rear D #71022 15¢ over 12.000 miles per year. Caravan Res.($12,642), 24 MO. LEASE SPECIAL! '98 DAKOTA CLUB CAB "Sport Package" V6, Air, Foglights, Body Colored Grill and Bumper, Aluminum Wheels, Dual Air Bags, AM/FM Cassette. $999 Down +$200 Dep. 7 * A44AA Grand 3 1.9° , Or • 150 HP • • Air Condi • Tach. • R Lawsuit (Continued from front page) In the defendant's answer, filed Oct. 22, the city of Eagan denied the allegations and states that "all action taken by the City of Eagan was within the authority granted to it by the 1996 Telecommunications Act." It continues "the City of Eagan has specifically granted permission to the Plaintiff to install towers with the City of Eagan and has not prohibited AT&T from providing personal wireless services...." Cell tower locations in Eagan are restricted to sites zoned industrial or public with a con- ditional use permit. Free- standing towers are allowed up to 100 feet, or 150 feet if the tower is shared. If a tower abuts residential property, the setback must double the height. On Oct. 21 the council con- sidered ordinance revisions from the Planning Commission. Among the changes included are an increased setback to 300 feet from residential lot lines and the encouragement of co -location. A revised ordinance will be presented to the council in No- vember. According to City Administrator Tom Hedges, AT&T has been notified of proposed changes through its attorney. "If the new ordinance is adopted, we'll send it to them," he said. "We're willing to work with them." opinion A boy finds out it's not cool to like the Packers ere are people I know whose hatred for the Green Bay Packers is the stuff of legend. They're better than most Packer -haters, because they're letters Is a child's healtl To the editor: Sunday, Oct. 12 was an awful day: high winds, drenching rains and low temperatures. Did you let your children go „t�:�A tr nlav? Did vnii even EAGAN 1 sisiirrent iliW October 22,199f 11 INDEX Opinion Page 4A Obituaries Page 12A Calendar Page 20A Sports Page 22A Classifieds Page 1 B Crossword Page 3B AT&T alleges city violated FCC regulations Eagan's denial, moratorium of cell tower lands in federal court. By Sue Hegarty Minnesota Sun Publications AT&T Wireless Services has filed a federal lawsuit against the city of Eagan alleging viola- tions of the 1996 Telecommuni- cations Act and damages in ex- cess of $75,000. The' suit, filed Oct. 2 in U.S. District Court, stems from the coun- cil's denial of a conditional use permit (CUP) that would have allowed AT&T to install a 100- foot antenna on public property in south-central Eagan. AT&T lists eight counts against the city in the 15-page complaint. Count one alleges that the city's refusal to grant the re- quired permit was an illegal at- tempt to bar AT&T's entry into southern Eagan. According to the Telecommunications Act, local government may not dis- criminate among providers or prohibit personal wireless ser- vices. Cities also are required to act upon a request for per- sonal wireless service facilities "within a reasonable period of time." In September, the City Coun- cil placed a moratorium on con- ditional use permits for anten- na requests. The moratorium expires Aug. 31, 1998 but may be extended until February 2000. In addition, AT&T states that the ban came after their applica- tion for a CUP was filed. TOWER To Page 9A 2A Apple Valley/Rosemount, Eagan Sun•Current/Wednesday, Oct. 22, 1997 W1°' AI 1111 III MUM IMP MI ALUM —lMIl.rrahl. WI . 1ur.1r/ 11111 ��iT��l■1■IIJ■= _ ■I■ir L-w AM MB 1AM 114441•1111111W111111kW1111wAVAW l MI III rims' ihazininimiiimiglaimaimin. ram/ UETTE°I AN■ t a 1,'1 7'I v II 1, V, 1 4■ ■A \ I 1 t ■ 1 1 1\'1 —•■1 1 I1 / 1 1 W 1■ I= 1 1 i araw; GOLDEN VALLEY BURNSVII_LE ei�I�BRooKLYNC ER R}C}1}-F3}3EL D544-8500 435-2588 K/NG�TERPRISES56,..88 bist.ouvi. Y931VAY C.:COtiFOT11I-T1II0)\ME TOP TREATMENTS•DRAPERY 25% off Choose from 2800 pattens in our Select Masterpieces rnI1 rtinn. Get quality workmanship, quick service and save! Funding allows fine ar By Amy Barnett Minnesota Sun Publications Fine arts received funding help Oct. 16 when the District 191 Board of Edu- cation agreed to give the department more than $24,000 in additional dollars for 1997-1998. The funding is divided into two cate- gories: one for the upcoming production of "Bye Bye Birdie" and another to allow Burnsville High School to expand its per- formance schedule by two plays. The $12,055 appropriated for the up- coming musical was to make up for a misunderstanding regarding drama bud- gets for the schools. Community education is to pay for ju- nior high drama events, while Burnsville High School pays for its productions through activity fees. With senior high and junior high students participating in "Bye Bye Birdie" it was thought that Com- munity Education and Burnsville High School each would pay for half the costs of the play. However, the funds from Com- Door Lars „L,:., ^1 munity Ec costs need( up to pay fc "Bye Bye Bt With stu and set bu. rector C.J. 1 "smoothest standing we one-third tl funding thi The rest board Oct. meet a goa grams. In 1995, from the hi! resulting in tivities. To e directed bi money is n( The addi allow stipei School prod Good 114 "Thurber 1 All III /// SMEAD® KEEPING YOU ORGANIZED No. 10334 2-153L 0 Ni4 wK RECYam wmAnvE coNTExr lox Unified Filar Sourcing POST -CONSUMER www..fipropr.m.orp 4111 t. MADE IN USA GET ORGANIZED AT SMEAD.COM Eagan to hold hearing on revocation of license GRANT ROUTER • SUN NEWSPAPERS The city of Eagan seems to back on track to buy land for use as a future fire campus. According to City Administrator Tom Hedges, the Rahn Family, which owns the former Carriage Hills Golf Course land, has reached an agreement with its mort- gage holder to avoid foreclosure proceed- ings. That would likely allow the city to close on the sale for four acres of the land sometime in November, Hedges said. Notice was posted for a sheriff's sale Nov 4 for the Carriage Hills land and Rich Valley Golf Course in Rosemount, both owned by the Rahn Family. However, the sale was postponed as the landowners have told the city a deal is in place with Vermillion State Bank, the mortgage holder. I think it's a good thing for us," said Hedges. "I think that's the last hurdle for us to prepare for a closing date." The city has a purchase agreement in You Live F C i Frida Saturd S kila tuJ 11- 12 - 200 3 In the Community, With the Community, For the Community Sale of fire station land backtrack? on place to buy the land for $450,000. As part of the agreement, the City Council voted Nov 5 to allow the landowners to defer public assessments on the land one year to the beginning. of 2012. Interest will be paid on the assessments. Revocation hearing set The council also set a hearing for the possible revocation of the liquor license for Blackhawk Liquor & Wine for its reg- ular council meeting Tuesday, Nov 15. The liquor store, which is owned by Brar Enterprises, was cited for four alcohol sales between July 2007 and September 2009. Two violations were the result of sale of alcohol to minors and the other two were for obtaining alcohol from another retailer for the purpose of resale. The council has already suspended the store's license for 30 days, which is the pun- ishment outlined in city code for four viola- tions within 36 months. Brar Enterprises was also fined $400 for each violation. State statute and city code also allow the council to conduct a revocation hear- ing, where the council may decide -either to revoke the license, impose a longer suspension or civil penalty up to $2,000. • Eagan to hold hearing on revocation of license GRANT BOELTER • SUN NEWSPAPERS The city of Eagan seems to back on track to buy land for use as a future fire campus. According to City Administrator Tom Hedges, the Rahn Family, which owns the former Carriage Hills Golf Course land, has reached an agreement with its mort- gage holder to avoid foreclosure proceed- ings. That would likely allow the city to close on the sale for four acres of the land sometime in November, Hedges said. Notice was posted for a sheriff's sale Nov 4 for the Carriage Hills land and Rich Valley Golf Course in Rosemount, both owned by the Rahn Family. However, the sale was postponed as the landowners have told the city a deal is in place with Vermillion State Bank, the mortgage holder. nk Hedges. ll"I lthink thats the asthurdle for us to prepare for a closing date." The city has a purchase agreement in Stun 6.011 — 1 . oq In the Community, With the Community, For the Community Sale of fire station land back on track? place to buy the land for $450,000. As part of the agreement, the City Council voted Nov 5 to allow the landowners to defer public assessments on the land one year to the beginning. of 2012. Interest will be paid on the assessments. Revocation hearing set The council also set a hearing for the possible revocation of the liquor license for Blackhawk Liquor & Wine for its reg- ular council meeting Tuesday, Nov 15. The liquor store, which is owned by Brar Enterprises, was cited for four alcohol sales between July 2007 and September 2009. Two violations were the result of sale of alcohol to minors and the other two were for obtaining alcohol from another retailer for the purpose of resale. The council has already suspended the store's license for 30 days, which 1s the pun- ishment outlined in city code for four viola- tions within 36 months. Brar Enterprises was also fined $400 for each violation. State statute and city code also allow the council to conduct a revocation hear- ing, where the council may decide'either to revoke the license, impose a longer suspension or civil penalty up to $2,000. You Live E C Frida Saturd c \'t 1D "I - 6:10 U.S. Supreme Court hears Eagan drug case By SARA THOMALLA_BLOOD the court. During a given term, U.S. Supreme Court justices are asked to hear oral arguments on 7,000 cases. Only 85 to 150 of those cases are accepted. This year a drug case from Eagan made the cut. It's the first case the Dakota County Attgrney's office has argued before the Supreme Court in 65 years. On Oct. 6, Assistant Minne- sota Public Defender Brad Colbert and Dakota County Attorney James. Backstrom stood together before the jus- tices to present their separate sides on Minnesota vs. Wayne Thomas Carter and Melvin Johns. Counsel learned the Supreme Court accepted the case in May. Five months of prepara- tion — and hundreds of pages of drafts, arguments and ap- pendixes — brought them to Oct. 6. They had exactly one hour to argue their cases before A decision will not be avail- able for several months, but. both men are confident their sides will win. Case facts On May 15, 1994, Eagan Po- lice Officer Jim Thielen was approached by . a person who observed suspected drug activ- ity through the blinds of an apartment window on South Valley View Drive. Thielen went to the apart- ment complex and stood 12 to 18 inches away from the win- dow of the lower -level- apart- ment. Looking through a gap in the mini -blinds, which were closed, he saw two men and a woman sitting at a kitchen `ta- ble. They were placing a white powdery substance into plastic bags. He watched this activity for - 15 minutes before he returned to his squad car to contact a member of the South Metro (See Case, p.17A)-, -Case (Continued from front page) preme Court's decision, Back Drug Task Force to dbtain a strom, 45, decided to handle' search warrant. While in the the case. process of getting the search Colbert, 41, was the attorney warrant, police watched two for Johns. Scott Swanson was males putting items - into a the attorney for Carter. Who Cadillac and drive away. would present the oral argu- Police arrested the men, ment? - Wayne Thomas Carter and "We flipped a coin," said Melvin Johns, both of Chicago. Colbert. "We're- a very demo - Police found a black, zippered cratic organization."• pouch and a handgun on -the Preparation for both sides passenger -side floor. was very similar. Both looked i Later searches, conducted at old cases and drafted , and after warrants were obtained, found 47 grams of cocaine wrapped in numerous baggies in the black pouch found in the. car, Backstrom said. They also - slept remarkably well the night found a duffel bag containing a before." digital scale with trace Both men had brought some - amounts of cocaine on it, he thing for good luck. Backstrom said. brought his wife, Mary Beth, Police also searched the and their daughter, Analise. apartment, which was rented Colbert had a photo of his by the woman, Kimberly daughter attached to his pa-. Thompson. Officers found co- pers. caine residue on the kitchen ."It made me smile," said table and baggies similar to Colbert. "I tried to enjoy this those found in the car, Back- unique experience. If I was go- strom said. ing to feel miserable, I real - Johns, Carter and Thompson ized it was not going to be were charged and convicted of fun." controlled substance -related Presentation - crimes. Johns and Carter Both men had 30 minutes to moved to have the charges speak before the court. The at - dismissed, arguing that torneys also submitted written Thielen's observations consti- briefs: Backstrom shared 10 tuted an illegal search. minutes with U.S. Assistant The case made its way to the Solicit General Jeffrey Minnesota Supreme Court Lamken, Sept. 11, 1997- Presenting to the U.S. Su On a 4 3 decision, justices preme Court is different from, reversed the convictions, stat- other court appearances. Jus- ing that Johns and Carter had tices are not shy about inter - an expectation of privacy rupting an attorney s argument the blinds were down in an apartment of an acquaintance — and that Thielen took "extraordinary measures" to view the inside of the apart- ment. - By the time the decision was reversed, Carter had finished serving his sentence. But Johns redrafted opening arguments. "My preparation was exten- sive," said Backstrom. "It helped relieve.. any anxiety; I' to ask questions. This` day was` no' different." "I ''worked on 'my opening. `Chief Justice, may I please the court....' But I didn't get to say it," said Colbert. As Colbert arrived at the 'po- dium, a justice blasted the first question. - ears had six y `left to serve. «I was asked questions the Both men attend the U.S. Su_ • entire time, said Colbert. prerne Court hearing Oct. 6. Backstrom said he was asked. 24 questions. All of the ave U.S. court facts said the case hinges nues were covered in his notes. Colbert It was a rare opportunity and on two questions: an extreme privilege to have Can ano officer stand p1a to 18 the chance to argue case ae a be- inches with- of an apartment fore the U.S. Sup _ -Its an experience I'll never window a with -the blinds closed „ said Bence I'l. to observe actioita?' ecta forget, Is there reasonable an tions of privacy apartment? .. Colbert said there is also the constitutional provision, as out- lined in the Fourth. Amend- ment: le to be "The right of people secure in their persons, houses, papers, and effects,; against unreasonable searches aviolated, zures, shall not be and - no warrants shall be is- sued, but upon probable cause, supported by oath or affirma- tion, and particularly describ- ing the place's to be searched,. and the persons 'or things to be. searched." Preparation Phil Prokopowicz, co -council for Backstrom, initially tried the case. When .. the. office de- cided to appeal. the . state Su .e9 COMPOS Public CompostlYard 'Also Selling: Compost Soil $10.00 cu. yd. Black Dirt $10.00 cu. yd Oak Hardwood $11.00 cu. yd. Landscape Mulch 15.00 cu. yd. Red Oak Bark Mulch $ Oak Hardwood Chips $15.00 u. yd. 4.00 cu. Brush Mulch Located in Eagan Supreme Court will hear eminent domain case • City, business owners will face off over property rights by Erin Jobnson THISWEEK NEWSPAPERS The Minnesota Supreme Court has agreed to hear an eminent do- main case that has pitted the city of Eagan against business owners in the Cedar Grove area. The state's highest court will make the final decision over whether the city had the right to initiate a quick -take condemna- tion of several properties for a planned urban village. Three businesses — Larson Au- tomotive Repair Services, Compe- tition Engines and U-Haul — sued the city to prevent the move. An initial court ruling sided with the city. An appeals court reversed that decision, claiming the city council limited its Economic De- velopment Authority's power of eminent domain by requiring a binding development agreement before any property could be ac- quired. No such agreement was in place at the time of condemna- tion. City officials said they are pleased the Supreme Court has agretd to take the case because they believe it has statewide sig- nificance. "Two lower courts came to dif- ferent conclusions, so it is impor- tant that the meaning and appli- cation of state statutes is clarified for all economic development authorities throughout the state," said Eagan City Administrator Tom Hedges. The city said it will continue to move forward with phase one of the development, which includes 150 units of senior housing, 250 apartment units, two four-story hotels, a retail building with three or four tenants, and a building for child care/commercial use. "Eagan remains committed to achieving its vision in Cedar Grove of creating a viable, mar- ket -supportable mixed -use devel- opment to serve as an attractive , gateway destination for western Eagan," Hedges said. The Cedar Grove redevelop- ment area is located east of Cedar Avenue along Highway 13. Plans for the area, called the Village at Cedar Grove, have long included a mix of commercial re- tail space, life -cycle housing, of- fice buildings, and open space. Between 2002 and 2007, the city acquired about 80 percent of the properties in the redevelop- ment area. Cedarvale Lanes and Jensen's Supper Club will remain at their current locations. By September 2007, negotia- tions to purchase the remaining properties stalled, prompting the EDA to use eminent domain. Of the 31 properties the city condemned, six owners objected. Three later dropped their objec- tions and reached deals with the city. The first phase of the project will include about 60 percent of the land up for redevelopment. Plans for a future phase have yet to be determined and could be affected by the outcome of this court battle. City officials have said they are committed to completing phase two no matter how long it takes. Erin Johnson is at eagan. thisweek@ecm-inc.com. tay it 15450 t hub for miters and St. Paul, "ransit ion will ht stops )US hich ning and y d' lar Ig id � JetWeWmu 01-�� City, business owners present arguments to Supreme Court State's highest court will make final decision in Cedar Grove eminent domain battle by Erin Johnson THISWEEK NEWSPAPERS The Minnesota Supreme Court heard oral arguments Jan. 5 in an eminent domain case that has pitted the city of Eagan against business owners in the Cedar Grove a retail building with three or four tenants, and a building for child care/commercial use. Several existing buildings were torn down in recent months to make way for de- velopment, leaving only five buildings still to be demol- ished, including the three in- volved in the lawsuit. Plans for the Village at Cedar Grove have long in- cluded a mix of commercial retail space, life -cycle hous- ing, office buildings, and area. open space. Attorneys for both . The area is located east of sides presented their cases Cedar Avenue along High - Wednesday and now must way 13. play the waiting game until Between 2002 and 2007, a decision is reached. There the city acquired about 80 is no estimated timeline for percent of the properties in that decision, according to the redevelopment area. the city. September 2007, The state's highest court is the last stop in a legal bat- tle that began in 2007 when Eagan initiated a quick -take condemnation of several properties for a planned ur- ban village. Three businesses — Lar- son Automotive Repair Ser- vices, Competition Engines and U-Haul — sued the city to prevent the move. An initial court ruling sided with the city. An appeals court reversed that decision, claiming the City Council limited its Eco- nomic Development Au- thority's power of eminent domain by requiring a bind- ing development agreement before any property could be acquired. No such agreement was in place at the time of condem- nation. is The city appealed that de- w cision and was told last Sep- y tember the Supreme Court y would hear the case. Meanwhile, the city has / continued to move forward with plans for phase one of the development, which in- cludes 150 units of senior housing, 250 apartment units, two four-story hotels, By gotiations to purchase the remaining properties stalled, prompting the EDA to use eminent domain. Of the 31 properties the city condemned, six own- ers objected. Three later dropped their objections and reached deals with the city. Phase one of the project will develop about 60 per- cent of the land in the area, which does not include the contested businesses. Plans for a future phase have yet to be determined and could be affected by the outcome of this court battle. City officials have said they are committed to com- pleting phase two no matter how long it takes. Erin Johnson is at eagan. ne- thisweek@ecm-inc.com. REAL ESTATE PRE -LICENSE COURSES Scholarships and Financial Aid available to qualified students. EVENING CLASSES START FEBRUARY 1ST CaII now to register 651-423-8600 or for more information martin.otto@dctc.edu or www.dctc.edu We also offer the only 16 college -credit Property Management Certificate in Minnesota Approved by the Commissioner of Commerce pursuant to Minnesota Statute S82.22 subd.6 for initial education. , Pre -license courses A' • 5 ' are VA approved. • 'OI ,C4 WW2 .w. DCTC is a member of the Minnesota State Colleges and universities system and an affirmative action, equal opportunity employer and educater. This document is available in alternative formats to individuals with disabilities by calling 1-877-937-3212 0rTIY:651-423-8621. SOLD �� DAILTA COUNTY /J TECHNICAL COLLEGE Real Education - Real Results I Cif 3.1 co C to � to a) tC �i0 p c •�—..v ooC,D� vs t C.c " Cs tL.0 :'�• ' hoy..'•�cc.= A •°. °' ouo2ac.00y � o > o" a��o c3• �a 4 G O CfI G co w fn �.. y 7 O 'c7 a E "b O :r C u V C 3 aEi o f.A o A 8 •., U c.. o u C Yp = c m o9.� o fl c aci•� c o v`di uo �� cw °•� Y �a • s _ :n c . u a� •� o �o yp a��i 7 a o C C is o c o v, s w y C s 6 N 8 O_ U V 3 V N C 3 0 0= O o.'C= 0 a> CDs a� Cs • 4) cca.... co a, as 'U a .co.. U co cr 0, 0, .� c 3 x y `co o m w `° F. y Y a. U F. E o' U �.. w co c O a) co LI v> >, a) E .. 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V ,w a- E ca - a, O E a, .3 co :: p ^ Y u m $ p aEi '� E +� o Z co •� ¢ uu��O e�',�ua`�° "�a,o-o c�EW� o��EaoY�oa� 0 c c cc c 'O'-' ,.'v.C.> y , . c •i.•''cc u 0 a) c 0N.cs U io'y AE•b �m u o u o 7 W ce c coc u c v �_E v V CO) }� U.c_ c L.a o c c u --.:Ca� c�' c E E o� E3 a� c m E 3 c°'i w 0..0 c .E ¢.:� co •v 0- 0 Q ai ••E °4 3 u cw v-.S a.w° c°� • eo c0 O O . a) c • ,,'>.C" Vi (See Trails, p.12A) LOCAL Pre Ivy- 0-,ot° Thursday 12-30-2010 Eagan > Cedar Grove Redevelopment Area City hopes ruling is final for seized site But appeal to state high court possible By Maricella Miranda mmiranda@pioneerpress.com Eagan city leaders say a Min- nesota Court of Appeals ruling this week — allowing the city to seize three properties — could be the last legal hurdle in a redevelopment project. Contradicting its earlier rul- ing, the appellate court Tues- day upheld a lower court deci- sion allowing the land acquisi- tion for the Cedar Grove Rede- velopment Area. A district court initially ruled the city's purpose in seizing the proper- ties was valid. The project spans 250 acres east of the intersection of Cedar Avenue and Minnesota 13. So far, the city has spent more than $35 million to acquire 61 parcels and relocate businesses to make over the now -demolished Cedarvale Mall and some nearby busi- nesses. Plans are for retail stores, restaurants, offices, homes arks an "We're hopeful that it is a decision stated. 'Mal decision," Eagan City Fuchs said his client has not sdministrator Tom Hedges decided whether to challenge aid. "This court case has reaf- the ruling. firmed that what the city was Although Larson Automo- oing, in terms of the acquisi- tive existed in a blighted area, on of property, was correct. its property was not run down, Ve have worked very hard to Fuchs said. When rumors York with the property own- began circling that the city was rs. We'll continue to work planning to acquire the land, rith them and try to reach an the company began losing its micable resolution on the employees teventually and went ers.ouof roperties." But the property owners business, Fuchs said light not surrender just yet. "What Larson had issues The landowners can file a with was being condemned — etition with the Minnesota having the city take his prloa upreme Court asking for a erty away from him," a nview of the latest appellate Cedarvale Mall, once the -iurt ruling, said Gary Fuchs, main retail center in Eagan, n attorney representing Lar- housed several businesses, on Automotive Repair Ser- includingand a fitnesbarbershop,acenter, rites. The company, along P with a U-Haul franchise and before its demolition in 2008. ,",ompetition Engines, is fight- Eagan's Hedges said the city ing the seizure. The attorneys has many success stories for the other two businesses about the businesses it has could not be reached for com- relocated. The city also plans ment. to help the disputed landown- The case already went to the ers, regardless of the looming state high court after the legal issues. appeals court initially said "They can relocate and have Eagan overstepped its bounds a viable business that's all the by attempting to acquire the better," Hedges said. properties without a binding Plans are for the contested development agreement in properties to be developed in a place for the parcels. second or third phase of the However, the Supreme Court project, which city officials ruled in favor of the city in July, said was moving slowly stating that the city did not because of poor economic con - need a development agree- ment. The court then sent the issue back to the appeals court, directing it to hear all arguments from the property owners, including whether taking the land for public use was necessary. The appellate court's latest decision rules in favor of the city. "The district court did not clearly err by concluding that the taking had a public pur- MENDOTA N HEIGHTS 1/2 MILE 494 ce . f" Cedar , Z 1 551 r Grove EAGAN 0'1 project D A K OTA .) APPLE I 1COUNTY r' IL VALLEY �.F . PIONEER PRESS The project spans 250 acres east of the intersection of Cedar Avenue and Minnesota 13. So far, the city has spent more than $35 million to acquire 61 parcels. pose that was reasonably nec- essary for redevelopment of the district," the unpublished ditions. So far, a senior residential home, an apartment building for at -risk youths and the Cedar Grove transit station have been completed. Plans are in the works for a 59-unit town -home project, and a bowling center in the area will soon be remodeled. Maricella Miranda can be reached at 651-228-5421. Local APPLE VALLEY BURNSVILLE EAGAN FARMINGTON HASTINGS !NVER CPU Twin Cities Claims against $3 million fund will pay victims, provide p By Mara H. Gottfried Today is the deadline for Stril mgottfried@pioneerpress.com claims, said Randy Hopper, too] who represents the plaintiffs, the' More than 100 people have Zelaido Rivera Garcia, who miL filed claims in a $3 million sued on behalf of the class, T settlement of a federal law- claimed he went to the Min- o suit involving the Metro neapolis impound lot in 2008 s Gang Strike Force, an attor- to pick up his car and n ney said Wednesday. encountered Metro Gang s Shredding it... in Roseville! Thanks to his (very cool) dad, Chris Dishop, 16, need go no farther than his Roseville back yard for some winter -break snowboarding. The pair spent about 100 hours building a ramp off the roof of their house. Chris Dishop does a flip, top, after snowboarding off the and a variety of jumps and rails. To watch a video of the bac FRIDAY, JULY 30, 2010 • STAR TRIBUNE • METRO • B3 WHEN? 4-9 p.m. today Some of the best koi fish in the region will be judged at the Upper Midwest Koi Show. aiVLLiLu LiLC iLLC�,iV `= WHERE? Anoka County Fair Events include: 4-H dog agility show, dairy and goat shows, and art -in -performance. WHO? Mary Kay Long, courthouse info queen It's her last day at the Hennepin County Govt. Center info desk. Her work will be done by a computer kiosk. BREAKING NEWS REPORTED FROM OUR NEWSROOM: STARTRIBUNE.COM/VIDEO Court backs Eagan's land move • The state Supreme Court ruled the city did not exceed its authority by taking businesses' land via eminent domain for Cedar Grove redevelopment. By JOY POWELL jpowell@startribune.com The city of Eagan acted within its authority when it seized land for a major redevelopment of the Cedar Grove area, the Minnesota Supreme Court ruled Thursday. The high court decided that the city's Economic Development Au- thority had the power to take land owned by several businesses to make way for the redevelopment, along Hwy 13, just east of Cedar Av- enue. And, the justices found, the city didn't need a binding agreement with a developer before it could con- demn and take land, as the Appeals Court had said it did. The justices sent the case back t� THE CITY REMAINS COMMITTED TO WORKING TOWARD AN AMICABLE RESOLUTION WITH THE PROPERTY OWNERS ... Eagan Mayor Mike Maguire to the state Appeals Court, say- ing it had reached the wrong con- clusions when it threw out a Dako- ta County judge's decision that fa- vored the city. A final decision on whether the city took the land legally is expect- ed from the Court of Appeals with- in 90 days. Eagan Mayor Mike Magu- ire said the city is confident that the Appeals Court will affirm the Dakota County District Court's earlier find- ing — that the city had a valid public purpose to acquire the properties. The city still hopes to work out a deal with the three businesses that are suing: A U-Haul franchise, Ran- dy Quam's engine shop and Larson Automotive Repair Services, which shut down during the suit. "The city remains committed to working toward an amicable resolu- tion with the property owners while the Court of Appeals continues its consideration," Maguire said. The battle stems from the city's plan to build a $215 million develop- ment as it reinvests in the area of the old Cedarvale Shopping Center. The city tore down and relocated most of the businesses in the area. Several businesses then sued, challenging the city's use of "quick - take" condemnation procedures to take their land. The in lost but appealed and wo in the Minne- sota Court of Appeals. Supreme Court justices also said the Appeals Court must address property owners' claims that the taking of the land was not necessary for public use and that the city's Eco- nomic Development Authority was not entitled to use quick -take pro- cedures. The heart of the case is how much power do cities' economic develop- ment authorities have. The main question is whether the city must first transfer its eminent domain power to the authority on a case -by - case basis or whether the authority has that power under state statute. Officials said the litigation doesn't affect the first phase of the three- phase project. It will include a two - building hotel complex, a 275- to 300-unit market -rate apartment complex and a 150-unit senior hous- ing complex. Maguire said the litigation has been "a bit of a cloud on optimism" around the project. "We're hopeful that at the appel- late court level there'll be a resolu- tion of the case," he said. Joy Powell • 952-882-9017 on the beat Star Tribune metro reporters open up their notebooks Kids need to take care with contacts HEALTH JOSEPHINE MARCOTTY Parents: What's the most danger- ous of all medical devices for your kids? Contact lenses. Really. A study published this week in the journal Pediatrics found that contact lenses cause more injuries, by far, in kids over the age of 11 than wheelchairs, prosthetics, heart valves, nee- dles, toothbrushes, ear tubes or hearing aids. The study reviewed medical records from emergency depart- ments at 100 hospitals between 2004 and 2005. It estimated that nearly 34,000 incidents in each year — nearly one-fourth of all emergency room cases — were from contact lens injuries in chil- dren and teens. The majority occurred among teenagers between the ages of 16 and 21. B4 • METRO • STAR TRIBUNE • FRIDAY, JULY 30, 2010 BLOTTER r A 66-year-old man reported the overnight theft of three bill payments he had placed in the FODDER mailbox to be picked up on the 6900 block of Stillwater Boulevard in Oakdale. public safetr_ Found in recent metro police reports: 63 Age of man charged with chasing, threatening to kill a Somali man. Story on BS. 7 The fewest years a teen must serve in prison for fatally shooting his father. Story below. Teen who killed father to serve at least 7 years • The St. Paul 18-year-old apologized in court. The victim had a history of violence against his family, records show. By PAT PHEIFER ppheifer@startribune.com It was the hardest sentenc- ing decision she'd ever had to make, Ramsey County District Judge Marybeth Dorn told Ar- amis Gaither, 18, on Thursday before sending him to prison for at least seven years for kill- ing his father in February. The victim, Anthony Gaither, 45, had a long history of violence against his wife and family, according to court doc- uments. "I can't imagine how hard Judge Marybeth Dorn told Aramis Gaither Thursday: "I don't question that you are truly remorseful." this is for you and your fam- ily, because I find it difficult," Dorn said, her voice cracking. "The circumstances sur- rounding this case are truly tragic," she said. "I don't ques- tion that you are truly remorse- ful. I can see it in your face, I can see it in your eyes. I don't think you're a danger to soci- Murder count filed in Old Colony case • A Maple Grove man is charged with shooting one man in the back, killing him, and wounding two others. By PAUL WALSH tim told officers. -•., ��t,rnrartrihnne.com That afternoon, officers ety." But Dorn told him there must be "significant conse- quences" for his actions. Gaither, of St. Paul, pleaded guilty May 6 to unintentional second-degree murder. According to the charg- es, Gaither shot his father six times the afternoon of Feb. 13 after his father got into a shout- ing match with his mother. The elder Gaither had left the house to cool off and was returning to get some work clothes when his son shot him. Aramis Gaither told police that during the earlier fight, he had tried to restrain his fa- ther, but his father pulled away. Then, Gaither said, his fa- ther pushed him and verbal- ly threatened him, the charg- es said. The younger Gaither had no previous criminal history. His attorney, Lyndee Kamrath, told Dorn that "prior to Feb. 13, Aramis Gaither was a great, young high school graduate" who had "many goals he want- ed to achieve." She read a letter he had written about how he enjoyed playing basketball and hang- ing out with his friends, how he had worked at the State Fair Haunted House for the past two summers, how he liked to watch his brother make music and learn new things, and how he planned to go into the Na- vy so he could further his ed- ucation. Gaither's mother, Tammy Burgess, spoke on her son's be- half, saying "I know what I'm saying won't bring my husband back. He's a good kid. I love him and I want him to have the ben- efit of the doubt." When it was his turn to speak, Gaither said, "I'm sorry for taking away someone who was so important to me and my family. I feel I have dishonored myself by doing what I did. "I wish it had never oc- curred," he said, crying. Dorn sentenced Gaither to 10.6 years. He must serve two- thirds of that, or just over sev- en years, before he is eligible for release. "This is the hardest way to learn a lesson that there are al- ternatives to solving a prob- lem," the judge said. "I hope you continue your education, I hope you learn a vocation. "... I want you to know I'm not going to forget you.... I tru- ly wish you the best." Dorn left the bench in tears without calling a recess as Gaither walked with deputies back to a holding cell. Pat Pheifer • 612-741-4992 orts All Conference Volleyball All Conference Atli RhitINr Blaze burns burns bright in 2010 by Andy Rogers THISWEEK NEWSPAPERS team won Section 3AA by at the state track and field beating Rosemount in the meet in the 17(1O-mPte.r run THISWEEK December 31, 2010 9A OA December 31, 2010 THISWEEK Eminent Domain/from IA No such agreement was in place at the time of con- demnation. The city appealed that decision to the Supreme Court, which said the city's Economic Development Authority "did not exceed the scope of its authority when it acquired the prop- erty owner's property." The appeals court was told to weigh in on the is- sue of the public purpose of using eminent domain, and the issue of the city's quick -taking of the prop- erties. It sided with the city on those issues. While the Cedar Grove area hasn't seen much progress recently, officials said the project was not stalled due to the court battle; the first phase of the redevelopment project does not include the three properties in question. The Village at Cedar Grove, located east of Ce- dar Avenue along Highway 13, has long been planned as a mix of commercial re- tail space, Life -cycle hous- ing, office buildings, and open space. Current plans for phase one of the development include 150 units of senior housing, 250 apartment units, two four-story ho- tels, a retail building with three or four tenants, and a building for child care/ commercial use. The city purchased about 80 percent of the properties in the redevel- opment area between 2002 and 2007. When negotia- tions over the remaining properties stalled, the Eco- nomic Development Au- thority used eminent do- main. Of the 31 properties the city condemned, six own- ers objected. Three later dropped their objections and reached deals with the city. Phase one of the project will develop about 60 per- cent of the land in the area. Plans for a future phase have yet to be determined. Erin Johnson is at eagan. thisweek@ecm-inc.com. City of Eagan triumphs in eminent domain case Three business owners sued over taking of their properties in Cedar Grove redevelopment area nson THISWEEK NEWSPAPERS It took three years and four court decisions, but the city of Eagan has won its battle with property owners in the Cedar Grove redevelopment area. The Minnesota Court of Appeals sided with the city in its ruling Dec. 28, which involve owners who objected to the use of eminent do- main to acquire their prop- erties. In its decision, the court agreed the redevelopment district is blighted and that redevelopment will lead to "increased employment and improve the general state of the economy." Th- is pleased with the ruling, and re- mains committed to appro- priately compensating the owners for their properties. "After nearly three years of litigation, we are con- fident that this ruling re- moves the legal uncertainty so that the redevelopment in Cedar Grove can now move forward as ver said Eagan Mayor Mike Maguire. The ruling comes after the Minnesota Supreme Court sided with the city in August, then gave the case back to the appeals court because it failed to weigh n when Eagan initiated a quick -take condemna- tion of several properties for a planned urban village. Larson Automotive Repair Services, Competi- tion Engines and U-Haul sued the city to prevent the move. in on a couple of key is- sues. The legal battle with the three bus' An initial court ruling sided with the city. court ourt re- versed that decision, claiming the City Coun- cil limited its Economic Development Authority's power of eminent domain by requiring a binding de- velopment agreement be- fore any property could be acquired. See Eminent Domain, 10A 7 New Chevrolet Equinox's 25 in stock/coming UlfucM DWI, 2.4 L, FWD, Alloys STK rC135069 2011 SILVERADO 4X4, Reg Cab, ES Package, Remote Ke ess.ruise 2011 SILVERADO 4X4, Ext. Cab, Remote Start, Trailering Pkg, CD Cruise STN nC1:I1419 OPEN NEW YEAR'S DAY 9:30am-5:30pm ebate $23,490 MSRP ($1,500) Rebate (S750) USAA Member* (S 1,290) Belzer Discount NO PAYMEN FOR 1 DAY $19,950 SpeClai SILVERADO rew Cab, eyless Remote, Locking Dff', Onstar, Front Bench 2009 CHEU COBALT LT 35,000 Miles 2009 BRICK LUCERNE CXL 29,000 Miles 2008 CHEV AVALANCHE Z71 35,000 Miles 2008 CHEV SUBURBAN LT3 Cotraa.5 $10,900 $2111,900 $29,900 •90: MIA Sttn Cwrtr+ 1 2-1 4 /9t BRIDGING THE GAP: FROM COUNTRY TOWN TO SPRAW Suit jeopardizes road improvement funds By Sue Hegarty Staff Writer A prominent Twin Cities home builder, who sued the city of Eagan over the collection of road improvement fees, will take his case to a Minnesota Court of Appeals. Joe Miller, lead plaintiff in the "Country Joe" lawsuit, con- tends the city has no authority to charge builders a road unit charge when they apply for a city building permit. After losing his case in Dako- ta County District Court, Miller filed an appeal. If he wins, more than $3 mil- lion that the city collected from builders since 1987 may have to be paid back. But paid back to whom, said city officials, assuming that the builders passed on those costs to their clients. "If Joe wins, would the money be passed on to homeowners?" asked City Administrator Tom Hedges. Miller said cities have no au- thority under state statute to impose such a fee, which he Fled an "impact fee." ,"nsel for the city con- tions prohibits the ing reimbursement lier than 1987. As fees are collet d, they are deposited in the c ty's major street fund, along w'th munici- pal state aid funds nd special assessments. The current fund balance in the major treet fund tends, however, that it has im- plied authority under the Mu- nicipal Planning Act which al- lows cities to cc+ lect fees "to pre - mote the publi health, safet and general wel fare" of its resi dents. "These subdi- visions would not be where Hedges they are today (without the road unit charge,)" Hedges said. "T eir success is built on our infra ructure." The road unit harge is used to help fund co struction of major roads leadin into new de- velopments. Since 1978 the city has col- lected $5.8 million hrough road unit charges. The laintiffs are requesting about 3 million in refunds. The statute of limita- from seek - dating ear- is $10.5 million, said Finance Di- rector Gene VanOverbeke. As Eagan's population rapid- ly grew and developers proposed housing or commercial develop- ments on what used to be open fields, the demand to build arte- rial roads increased, Hedges said. For example, $2.85 million from the major street fund may be used to pay for a portion of the $8.6 million for Promenade -re- lated road improvements, said Tom Colbert, public works direc- tor. Promenade is the proposed 120-acre Opus Corp. develop- ment at Interstate 35E and Yan- kee Doodle Road. "We have to build (roads) and we have to build it now. Not hav- ing roads is not an option," said Joanna Foote, Eagan's commu- nications coordinator. Besides Miller, other plain- tiffs named in the "Country Joe" lawsuit are William Huttner Construction, Thorson Homes, McDonald Construction, Key - Land Homes and Feature Builders. They have not filed as a class action lawsuit and no court date has been set. A simi- lar lawsuit is pending with the city of Apple Valley. �#t-% 44.1ti'D rut Sibley students lead challenge Five Henry Sibley High School students joined other students in St. Cloud recent- ly for the sixth annual Stu- dents Are Concerned Confer- ence. Students learned how to stand up to negative peer pressure that can lead to vio- lence, drug and alcohol abuse. Sibley students at- tending the conference were (from left) Camille Straw, Ad- viser Ruth Bremseth, Kelly Greip, Jackie Porter, Jackie Butchert, Dwight Sjoberg and Minnesota Attorney General Hubert Humphrey. (Submitted Photo) P1RTNERMP FOR A DRUG"'FRE MINNE°TA ;iNiIIM. M.A11 t t t. !WI—A1t to ATTORNEY Dedication of new city offices set for Dec. 9 Staff Report Eagan residents are invited to attend the grand re -opening and dedication of new and remodeled city offices Saturday, Dec. 9. The remodeled Municipal Center and newly attached Police Facility are at 3830 Pilot Knob Road, just south of Wescott Road. At 8:30 a.m., the Eagan Police Department and chaplain will dedicate a memorial wall in the lobby of the Police Facility to honor officers whose lives were given in the line of duty. Beginning at 9 a.m., there will be a ribbon cutting and ded- ication ceremony at the new south entrance to the Municipal Center. Public tours will be available following the ceremo- ny. Refreshments will be served). Information: 681-4600. Business: Owners concerned about roads From Page 1A peals exchange group. • review the industrial archi- tectural standards ordinance. • propose a written city pro- cedure manual. Several business owners came to the meeting concerned about a proposed ring road in conjunction with the Central Area construction project. Pre- liminary plans include the con- struction of two bridges over In- terstate 35E just north and south of Yankee Doodle oad. In a telephone inte ew the following day, City Ad 'nistra- tor Tom Hedges said the ring road was proposed to 1es en traf- fic congestion in the ci s cen- tral business district. The intersection of Pi t Knob and Yankee Doodle road is cur- rently at 96 percent c pacity, Hedges said. The potential for 00,000 square feet of retail development next to Town Centre makes trans- portation a major issue, he said. [tAILI! CUSTOM VERTICAL BLINDS • Fabrics are "color fast",will not fade under normal use • Fabrics are treated with a dust repellent formula to eliminate 90% of dust settlement SYMPHONY DOUBLE HONEYCOMB CELLULAR SHADES • Solids & Prints with Special Pearlized Inks • Blocks 'o/ of Harmful UV Rays • Superior Insulation • Room 'ning Available • Less Heat Pass Thru in Summer OFF YFG RETAI PRICES 11/PO4 APE OUP EVERN, LOW FRCES 15% OFF S ES CUSTOM MINI BLINDS 75% OFF STORE TO YOUR DOOR" `P-AT-HOME SERVICE AND 'E ESTIMATES! A Central Area Task Force, consisting of small-business owners from the Rotary and Li- on's Club, is examining a ring road study prepared by city staff. "That's been a pretty effective process," Hedges said. At last week's organizational meeting, Parranto said the time to address these issues is before they reach the City Council for a final vote. "You need to get your input on these ordinances now," Par- ranto said. The function of the Small Business Association differs from the Chamber of Commerce, Parranto said. "The Chamber promotes busi- ness in Eagan, but they're not designed to take on individual city ordinance problems. We're here to provide a forum where you can make your voice heard," Parranto said. About six members financed the association's organizational meeting. The next meeting of the Eagan Small Business Associa- tion is set for Sept. 14. For more information, write to Eagan Small Business Association, 3432 Denmark Ave. Apt. 111, Eagan, MN 55123. District 191 offers sessions, classes Stereo Speakers: Design and Construction, will begin 6:30 to 9:30 p.m. Tuesday, June 13, and run for five Tuesdays. Cost is $69. Latin Dancing, a special two - night dance workshop will be 7 to 9 p.m. Tuesdays, June I3 and 20. Cost is $19. Woodworking will be 6:30 to 9:30 p.m. Wednesdays, begin- ning June 14. Cost for four ses- sions is $45. Above classes will meet at Burnsville High School, 600 E. Highway 13. Meeting Good People, a one - session workshop for people who want more quality friends and successful relationships in their lives will be 7 to 9:30 p.m. Tuesday, June 13, at -Metcalf Junior High School, 2250 Dif- fley Road, Eagan. Cost is $12.50. Information/registration: 895-7213 or to register by credit card, 922-9000 (The Connec- tion). Little Caesars GET THE BEST PIZZA VALUE DELIVERED! r twincities.com St. Paul Pioneer Press (//±42.,6x,? Eagan and Lilydale Embattled clerk tied to Browner suit Olin fought for ex-Viking's council bid By Nick Ferraro nferraro@pioneerpress.com When Joey Browner missed the filing deadline for his bid on the Eagan City Council in July, the former Minnesota Vikings safety hit the city with a civil lawsuit that claimed it was Eagan's fault. Last month, a Dakota County District judge disagreed and dismissed the suit, concluding Browner also missed two other deadlines — one for filing a required petition in county court to correct the alleged error and another that would have challenged the city's elec- tion results within seven days. Court records also show it was Lilydale City Clerk Joan Olin who fought for Browner's political aspirations before and during the suit, including through an e-mail she sent to Secretary of State Mark Ritchie via the city of Lilydale's e-mail account during business hours. In the Sept. 16 e-mail, Olin — who also is clerk for Mendota — said she was told the wrong date by an Eagan receptionist after inquiring on behalf of Joey Browner Joan Olin Browner, her friend. Browner's lawsuit had sought to have his name placed on the November ballot. At the time, Olin's involvement in Browner's election bid raised the eyebrows of at least on4Lily- dale City Council member.' Mayor Tom Swain said last week that he "cautioned her about getting involved in the Browner thing at all." "I thought that given her offi- cial position, she was running some risks and in a sense kind of advised her to cut loose,' he said. "I don't know what she did.... I thought she (ended her involvement), but I'm not sure." In late February, allegations surfaced against Olin that she stole more than $3,300 from the city's coffers by giving herself a raise five months early, upping her life insurance cov- erage and altering her health insurance withholdings. The accusations led Olin to resign and pay back the city, according to city officials. Days later, the council voted to rehire her until a replacement is found. Olin, 48, has not been charged in the case, which is being investigated by the Dakota County sheriff's office. When contacted last week, Olin denied the e-mail came from the city's account, saying, "It should have come from ... (my) e-mail address." When told that court docu- ments show it came from cityoflilydale@comcast.net, she said, "Well, it shouldn't have," and referred further questions about the matter to her attorney. There is no computer -use law for city employees, said state Auditor Rebecca Otto, adding that policy is left for each city to decide. Swain said he was unaware of Olin's e-mail and that the city doesn't have a computer policy. "I know you just shouldn't use an organization's e-mail account for your personal business that doesn't pertain to the organization," he said. On Wednesday, Swain defended Olin, calling her e-mail "an innocent mistake." "I don't think she sent it as a way to use her influence," he said. "That's the way I feel" Olin's involvement in Brown- er's election bid was not limit- ed to the e-mail On Sept. 29, Olin personally served the summons and complaint to the city of Eagan, and she briefly argued his case at a Jan. 20 court hearing in Hastings. Browner's Web site (joey brownerforcouncil.com) men- tions it was "hosted and creat- ed by Joan Olin." Browner decided to run as a write-in but was unsuccessful, receiving 908 votes of the more than 37,000 votes cast for two four-year spots on the council. Browner, who played with the Vikings from 1983 to 1991, moved to Eagan in November from Pierz, Minn., and is a community liaison for the Met- ropolitan Council. • He didn't return several calls to his home seeking comment. The city of Eagan was rewarded a motion that Browner pay for its court costs and fees — $510.50. Browner has yet to pay, despite an April 6 deadline set by Robert Bauer, an attorney hired by the city. N� PLAcF% RICK & ToM's `f ET • Nr TIRE & SERVICE 1137 S. Robert Street, West St. Paul, MN 55118 (651) 450-0535 (651) 450-0537 dick Kissner & Tom Murphy www.mnSun.com Eagan addresses changing street name, streetscaping By Joshua Nichols Sun Newspapers The Eagan City Council approved an agreement with Dakota Electric Associa- tion that will provide the necessary im- provements to go ahead with streetscap- ing plans in the Cedar Grove Redevelop- ment Area. The agreement, which the council ap- proved during its Aug. 20 meeting, pro- vides for burying existing overhead elec- trical lines. The agreement calls for the city to cover 100 percent of the construc- tion, engineering and inspection costs, which is estimated at $102,000. City staff reviewed the agreement prior to the council's action and found it to be similar to other electrical line relo- cation costs. Moving the lines underground is nec- essary for the city to continue with plans for decorative streetscaping along Silver Bell Road, Cedar Grove Parkway and Cedarvale Boulevard. The project, part of an overall redevel- opment underway in the area around Cedarvale Mall, incorporates decorative street and trailway lighting, decorative pedestrian paving, fencing, entrance monuments, landscaping, irrigation and other amenities. The completion dates for the project call for all lighting, irrigation, monu- ments and fencing to be completed in De- cember with the plantings finished in April and June 2003. In other business, the council: • Approved changing the name of Carol Street, which is between Highway 3 and Dodd Road, to Red Pine Lane. The name change reflects the nearby Red Pine Elementary School. • Changed the date for the City Coun- cil workshop scheduled for Sept. 10 to Monday, Sept. 9, at 5:30 p.m. with the lo- cation for the meeting to be at Holz Farm Park. • Gave direction to city staff to pursue easements for potential entrance monu- ments to the city and authorized $2,000 for design sketches of the monuments. Mother ofirowning victim suing Eagan, state department The mother of a 20-year-old man who drowned after being caught up in raging floodwaters during the July 2000 flood- ing in Eagan is suing the city and the Minnesota Department of Transporta- tion. The suit filed by Linda Haugen is ask- ing for damages in excess of $50,000 and medical, funeral and burial expenses. The accident that led to Matt Hau- gen's death occurred during the July 2000 "super storm" that left many areas of Eagan flooded. Haugen was wading in a drainage ditch along Highway 13 near Silver Bell Road when the current swept him into a drainage culvert. The suit alleges that the culvert had protective grating over one end but that the entrance to the culvert was not cov- ered, leading to Haugen getting trapped against the grating by the current. Eagan Communications Director Tom Garrison said because of the lawsuit the public response the city can make is lim- ited. Garrison issued a written statement from the city in response to the suit. "The city of Eagan extends its sympa- thies to the Haugen family for the unfor- tunate death of Matt Haugen," the state- ment reads. "However, the matter 'is under active investigation by city staff and its attorney. An appropriate response will be filed in court." The statement went on to state, "Nu- merous Eagan rescue personnel risked their lives the evening of July 8, 2000, trying to save Mr. Haugen "during an un- precedented storm event." Because the incident occurred within a MnDOT right of way, the city is coordi- nating its investigation with state offi- cials, Garrison said. Community Minneapolis Star and Tribune Thursday/Dec. 2/1982 River South 6 • Apple Valley Lakeville Burnsville Mendota Eagan Mendota Heights Prior Lake Shakopee Rosemount Savage Brothers find Eagan climate favorable By Mike Kaszuba Staff Writer Eagan For more than a decade, Eagan officials have looked upon a large- ly undeveloped crossroads at the heart of the city as the place where Eagan might one day have a down- town. In the past four years, as that vi- sion has headed toward reality, al- most all of the city's development decisions about the site have bene- fited the Federal Land Co., an Ea- gan development company run by brothers Martin and Vernon Colon. The city has approved nearly $3.5 million in tax-exempt revenue bonds for Colon office and com- mercial building projects and has given preliminary approval for $1.5 million more. In the process, it has blocked three nearby develop- ments that potentially would have competed with the Colon projects. Martin Colon Those city actions have bothered L. some people in Eagan. Critics, including former Mayor Leo Murphy, said that while there might be nothing illegal about what has happened, the Colons have benefited from favoritism shown by the city council. "It does appear that way, doesn't it?" said council member Ted Wachter. He said he disagreed with some of the council decisions that benefited the Colons, and vot- ed against them. Many key decisions made by the city council, according to city rec- ords, were championed by Mayor Bea Blomquist and council mem- ber Tom Egan. Blomquist, Egan and other city of- ficials say that no favoritism was shown to the Colons and that all of their decisions were logical and legitimate. Any appearance to the contrary, they say, is coincidental. Tom Egan "I make a de merits of wha council," said she stands by to be very he what we're doi vision based on the 's presented to the 3omquist, who said ter vote. "I've tried nest. I'm proud of tg ,. City planners y the area, which surrounds the ntersection of Yan- kee Doodle an Pilot Knob Rds., is the likely choice for a downtown because it is virtually the geo- graphic center of Eagan. By late 1985 it will be4ome a major inter- change for Interstate Hwy. 35E when that to g-awaited freeway cuts across the city to link Burns- ville and St. aul, city planners say. It also will be the 40 acres th for its gover amid the ge boom taking Minneapolis -St. Airport. Eagan continu Bea Blomquist my a mile north of city intends to use ment center, and eral construction lace southeast of Paul International d on page 4 ME HRH CqM C3qCo� �� _.111 PETAL �'tESTgURANT- MULTtpt,� 452E43303 Federal Lind Company Staff Photo by Steve Schluter The Federal Land Co. has benefited from action by the Eagan City Council. Permanent Trees —Mountain King. Wide selection in your choice of Swiss Pine, White Pine —either Natural or Flocked. Fresh Cut Christmas Trees —Premium qi iality• Dundee selected —up to 9' tall Balsam Fir -Scotch Pine -Norway Pine- Bn., • r-- • Trees and'Ilimmings and Lots of Lovely Things. The Best and Most Beautiful Collection of Trees and Ornaments in the Area. Wooden Ornaments —wooden stars and corn husk dolls. TbyOrnaments—puppets, plush stuffed toys and candy garlands. Antique Ornaments —painted wood, brass candle holders and sleighs. Originals by Joyce —hand painted and exclusive ornaments of all kinds. Victorian Ornaments —lead crystal with silver and gold plated designs, velvet lace bows and satin stuffed decorations. 'Iiaditional'h+eeAdornments—candle novelty lights, copper ornaments — quilted, embroidered, crocheted and yarn ornaments and garlands. Glass ornaments and icicles. Fragrant Balsam Fir Wreaths-22, 24.30 and 36" sins from $6.50. Spruce Tips —from S L69 each Balsam Fir Roping —from 355/ft Holly and Mistletoe 2 Community/River South (6) e Minneapolis Stc.r and Tribune Thur., Dec. 2, 1982 Jim Adams Religion Jim Adams has been on vacation. His column will resume next Thursday. Meanwhile, here are some area church activities. The Lutheran Brotherhood Singers will present a concert Sunday at 4 p.m. at Easter Lutheran Church, 4200 Pilot Knob Rd., Eagan. Ad- vent and Christmas selections will be sung, followed by a supper. ■ "La Befana," will be presented at 4 p.m. Sunday at Mary, Mother of the Church, 3333 Cliff Rd., Burns- ville. The play, to be put on in the parish center basement, will be performed by the In the Heart of the Beast Puppet Theatre. Tickets at the door: $1.50 for adults, 75 cents for children aged 3 to 11, 2- year-olds or younger, free. ■ Singles Perspectives will have a potluck and social hour starting at 4 p.m. Sunday at Grace Lutheran Church, 7800 W. County Rd. 42, Apple Valley. All singles welcome. ■ The South Suburban Christian Women's Club is having a 12:30 p.m. holiday celebration luncheon ($6.50)Thursday at the Holiday Inn near Hwy. 35W at 94th Street. Mu- sic and speaker. Nursery available. Call 881-1494 by Tuesday noon to reserve. ■ - -. ti ^vont coming up? Community.River South (6) Minneapolis Star and Tribune/Thur., Dec. 2, 1982 Eagan Continued from page 1 Since 1975, the Colons have been involved in development at that site. They have built a shopping center and three two-story office buildings at the intersection. All three office buildings and a fourth approved for the site were fi- nanced by tax-exempt revenue bonds issued by the city, a device commonly used by cities to help projects that officials believe will benefit the area. Four months ago, Federal Land Co. received city approval for its big- gest project yet, a 100-acre com- plex of offices, high-rise hotel and apartments a mile east of the inter- section. At a hearing Nov. 16, the city gave preliminary approval to $3.3 mil- lion in tax-exempt financing for a 109-unit motel the company wants to build near its shopping center and existing office buildings. Only one major commercial proj- ect not involving the Colons, a shopping plaza known as Pilot Knob Center, has won city approv- al at the intersection. That project, according to city planner Dale Runkle, will complement —and not compete against —Federal Land's proposed 100-acre development nearby. While approving the Colon proj- ects, the city council has blocked a shopping center and tax-exempt fi- nancing for an office building at the same intersection. Three months ago, the council refused to approve a 19-acre office and hotel complex north of the intersection. In each instance, the projects that were voted down would have rep- resented competition to the Colons. Here is what has happened: ■ In 1976, Federal Land Co. built Yankee Square Shopping Center, a small development on the south- west corner of the intersection of Yankee Doodle and Pilot Knob Rds. It remains the largest devel- opment at the intersection. The shopping center was the first phase of a plan the Colons had for the 40-acre site, which Martin Co- lon, 45, said he and his 53-year-old brother bought in 1968. In 1974, they developed a 10-year plan that included the shopping center, of- fice buildings, motel, bank, nursing home and research and develop- ment offices. Today, eight years into their 10- year plan, Colon says a conserva- tive estimate of the value of the shopping center, the three com- pleted office buildings and the sur- rounding land is more than $5 mil- lion, and perhaps more than $10 million. "Everything we proposed ... we carried out the way we said we were going to," said Martin Colon. "(We've given he city) very few ... problem." The Colons have been in real es- tate since 1964.1 Yankee Square is one of four similar -sized shopping centers they have built locally. The others are Cobblestone Court in Burnsville, Lincoln Square in Mah- tomedi and Woodlane in Wood- bury. Over the past year, their success in Eagan has come while the Colons have helped finance the reelec- tions of both Blomquist and Egan. In 1981, the Colons contributed $200 each to the two city officials. In addition, the Colons contributed $200 to Blomquist in her unsuccess- ful bid this fall to become a state legislator from House District 38B. There have been no suggestions that the contributions were im- proper. Blomquist said the contributions were "immaterial." Said Egan: "I approached a lot of people that have an interest in good city gov- ernment. The Colons were just one." • Two years after the Colons' shop- ping center opened, Bloomington developer Kenneth Appelbaum proposed an 84,000-square-foot shopping center at the same inter- section, across Pilot Knob Rd. and about half a mile from Yankee Square. The site was important to Appel- baum because it would offer mo- torists easier access to the future I- 35E than they would have from Yankee Square. But Appelbaum ran into difficulty on two fronts, according to city records, city officials and others who followed the proceedings. One was opposition to his plan from merchants at Yankee Square and from the owners of a nearby con- dominium building. Appelbaum tried to satisfy his op- ponents by redesigning the shop- ping center and by proposing an apartment building and later an office building as a buffer between it and the condominiums. His suggestions did not change the minds of the condominium owners, whose cause was aided by Blom- quist. At the time she served on the city advisory planning commission and, at an October 1978 meeting, she made the motion that killed Appelbaum's proposal. Appelbaum also faced opposition from Martin Colon, who attended city council meetings and lobbied against the shopping center. Colon said he did not oppose com- petition, but opposed the methods being used to try to shoehorn the shopping center into an area where earlier plans approved by the city did not call for a shopping center. But council member Egan dis- agreed. "Their (the Colons') rea- sons were economic. They didn't want the competition." Joe Abrahamson, an attorney and spokesman for Appelbaum, said Appelbaum told him the Colons helped prepare handbills against the project. Appelbaum declined to be interviewed directly. Appelbaum also ran into trouble with the parcel of land itself. Coun- cil members, with Egan among the leading advocates, said that since 1971, that part of Appelbaum's 16- acre shopping center site had been intended for an office building and convenience store, not a shopping center, council minutes show. Then -Mayor Leo Murphy favored the proposal, but the rest of the council voted against it, even though the city planning consultant and the city attorney said there would be no legal problem in al- lowing any commercial develop- ment there. "Appelbaum legally had that right. We were stealing that from him ... It was limiting competition, which the government has no right to do," Murphy said. Now, after turning down Appel- baum, the city envisions a project similar to Appelbaum's on the site, city planner Runkle said —perhaps a K mart or Target store. ! After the city turned down his shopping center proposal, Appel - Eagan continued on page 5 City of Eagan development /projects Hwy :3 Pilot Knob Road Yankee Doodle 19 3�n + 8 ,, '. • • • • Deerwood •Or 2 • • • '6 R Road Minneapolis St. Paul Area shown 1 Eagan 1 / Site of proposed Ravine Plaza 2 / 1.494 3/Site of Yankee Square Shopping Center 4/Proposed I-35E 5/ 100 acre site of Eagan Heights Commercial Park 6/Pilot Knob Center 7/Appelbaum shopping center and office bldg. site 8/Site of four Yankee Square office bldgs. 9/40 acres owned by City of Eagan for government center site 10 / Site of proposed Federal Land Company motel - Community/River South (6) Minneapolis Star and Tribune/Thur., Dec. 2, 1982 3 Osseo audience sees miracle up close By Jack Tubert "Tonight we love ..." the opening chords of orchestra leader Freddy Martin's big -band -era song sudden- ly fills the air. Thundering out across the auditorium in Osseo High School, startling to silence the standing -room -only crowd. All eyes riveted on Leslie Lemke, the artist hunched over the baby grand. The husky redhead storming the keyboard is the living miracle fea- tured in October's Reader's Digest. Audiences at Lemke's afternoon and evening concerts swept to their feet at the concert close. The most touching of standing ovations. Not perfunctory, like most. This a tribute from people moved to tears. believing eyes and ears. Difficult pieces like "Malaguena" get com- petent readings from the artist. "Rhapsody in Blue," the full treat- ment. He sang and played his way through an entertaining mixed bag of "Hello, Dolly!" "Danny Boy" and "Stardust." "Ave Maria," "The Old Rugged Cross" and "Anniver- sary Waltz." There was even a rollicking rag- time version of Scott Joplin's "The Entertainer." (Incongruously, Leslie was dressed in an ill-fitting pullover and slacks instead of formal wear. The sound equipment was far from the best. People holding the microphone. Putting it down on the piano; hold- ing it close to the performer's mouth. Disconcerting. The stage alive with other people, whisper - far beyond the capabilities of even the most brilliant of normal minds,' says Bernard Rimland in `Cognitive Defects in the Develop- ment of Mental Illness.' ... "'We can neither match the autis- tic savant's performance nor ex- plain how it is achieved.' said Rimland, director of the Institute for Child Behavior Research in San Diego." Sixty minutes to the second after Lemke opened his Osseo concert with Tchaikovsky's spellbinding "Piano Concerto #1 in B Flat Ma- jor," (adapted in 1941 by Freddy Martin as "Tonight We Love") Les- lie brought the performance to a close. Singing, almost to himself, the closing lines to the "The Lord's Prayer." Then, he bent closer to the key- board, whispering the prayerful Inc.* ,,.nrel• "A hhhhhmon " Community/River S)ulbt (6) Minneapolis Star and 1lribune /Thur., Dec. 2; 19132 5 Eagan Continued from page 4 baum came back in 1979 with an office building proposal for the same site. Earlier the council had said it would permit an office building there. In January 1980 it approved his plan. But Appelbaum also wanted the city to issue S2 million in tax-ex- empt revenue bonds for his two- story building. The council denied his request 4-1 in May 1980. Blomquist, who had become mayor, andl Egan were two of the four people on the five -mem- ber city council who voted against the request. The council said the rent of $9.50 per square foot that Appelbaum wanted from office tenants was too high. It also said there already were too many vacancies in near- by office buildings. Both reasons were disputed by a consultant's study paid for by Ap- pelbaum, which concluded that the 37,000-square-foot office building was feasible and that the 59.50 f was in the middle range of rents found at 19 office buildings in Burnsville, Apple Valley and Ea- gan. Associates of Minneapolis. said the Appelbaum building would lose money In its first year, but would have a S91,000 pretax profit by its third year. It also said the building would be 70 percent occupied in its first year and 95 percent occupied by the third year. But some council members doubt- ed the validity of the study. "I didn't believe it. Somebody ... tried to foist (it) off on the city as a definitive study," said former council member Mark Parranto. Appelbaum, with the shopping cen- ter a lost cause and his office build- ing in limbo, has since deeded the land to two religious charities and has become an investor in Pilot Knob Center, the shopping center that was approved. It was a move made in frustration. said Abraham- son, Appelbaum's lawyer. IN On the same day that tax-exempt revenue bonds were denied for Ap- pelbaum's office building, the council scheduled a hearing to con- sider issuing tax-exempt revenue bonds for Yankee Square 1, a two- story office building proposed by Federal Land Co. In a letter to the council, Martin Colon cited his company's record The study, by Nelson M. Nones and Eagan continued on page 6 r t 6 Community/River South (6) Minneapolis Star and Tribune / Thur., Dec. 2, 1982 Eagan Continued from page 5 and argued that tax-exempt bonds were needed to keep the next phase of the Yankee Square devel- opment project on schedule. He also said that Federal Land Co. was considering moving its offices from Mendota Heights to Eagan and would only do so if it could move into its own building. A month later, the council gave preliminary approval to the proj- ect. Yankee Square I, which eventually received $950,000 in tax-exempt fi- nancing, was built behind Yankee Square Shopping Center, about half a mile from the Appelbaum office building site. Following Yankee Square I came Yankee Square III and III, two iden- tical office buil ings built within 200 yards of the Colons' shopping center. They eac received $1.25 million in revenu bond financing. Colon said Yan ee Square I -- which he said ope ed with rents of about $7.50 a square foot, com- pared with the $9.50 Appelbaum wanted for his office building —and Yankee Square II are fully occu- pied. Yankee Square III, he said, is 60 percent full. "To me, that's petty good evi- dence of market d mand," Barba- ra Lukermann said. Lukermann, an independent planning consul- tant, had recommended that there was enough deman to justify the Appelbaum building Four months ago, the council gave preliminary approval to $1.5 mil- lion in tax-exempt revenue bonds for Yankee Square IV, which Fed- eral Land Co. and another compa- ny will develop. It will be built in the shadow of the other Colon office buildings, and like them, will be about half a mile from the Appelbaum site. The 24,000square-foot office buildings are the only ones of that size at the intersection. ■ Four months ago the Colon brothers received cit} council ap- --- , for their mot ambitious Thel project, Ea- gan Heights Commercial Park, is planned as 100 acres of offices and a hotel, one mile east of the Yan- kee Doodle -Pilot Knob intersec- tion. A year before that, Martin Colon said he'and his brother were origi- nally interested in a 20-acre site owned by 011ie Ulvilden two miles north of the intersection and bor- dering the new leg of Interstate Hwy. 494. The site is two miles from Minneapolis -St. Paul Interna- tional Airport. "They came down here. First, they came as a pair. Vern came back. He really hammered the daylights out of me. He really wanted the property," Ulvilden said. But he would not sell. Instead, Ulvilden went ahead with his own plans for Ravine Plaza, an office and hotel project he wanted to build with Amcon Corp., a devel- opment company in Savage. In Sep- tember 1981 he asked the city to change the zoning from agricultur- al to roadside business. The Ulvilden and Colon projects, both calling for high-rise hotels and banking heavily on traffic from the freeways expected In Ea- gan, would be the only develop- ments of that size and type in Ea- gan and in that part of northern Dakota County. They would be about three miles apart. In August the city council denied approval of Ulvilden's zoning re- , quest. That stopped his project. But two weeks later the council ap- proved the Colons' Eagan Heights development, which did not re- quire any zoning change. Eagan continued on page 7 Community/River South (6) Minneapolis Star and Tribune/Thur.. Dec. 2, 1982 5 Eagan Continued from page 4 baum came back in 1979 with an office building proposal for the same site. Earlier the council had said it would permit an office building there. In January 1980 it approved his plan. But Appelbaum also wanted the city to issue $2 million in tax-ex- empt revenue bonds for his two- story building. The council denied his request 4-1 in May 1980. Blomquist, who had become mayor, and Egan were two of the four people on the five -mem- ber city council who voted against the request. The council said the rent of $9.50 per square foot that Appelbaum wanted from office tenants was too high. It also said there already were too many vacancies in near- by office buildings. Both reasons were disputed by a consultant's study paid for by Ap- pelbaum, which concluded that the 37,000-square-foot office building was feasible and that the $9.50 fee was in the middle range of rents found at 19 office buildings in Burnsville, Apple Valley and Ea- gan. The study, by Nelson M. Nones and Associates of Minneapolis, said the Appelbaum building would lose money in its first year, but would have a $91,000 pretax profit by its third year. It also said the building would be 70 percent occupied in its first year and 95 percent occupied by the third year. But some council members doubt- ed the validity of the study. "I didn't believe it. Somebody ... tried to foist (it) off on the city as a definitive study," said former council member Mark Parranto. Appelbaum, with the shopping cen- ter a lost cause and his office build- ing in limbo, has since deeded the land to two religious charities and has become an investor in Pilot Knob Center, the shopping center that was approved. It was a move made in frustration, said Abraham- son, Appelbaum's lawyer. ■ On the same day that tax-exempt revenue bonds were denied for Ap- pelbaum's office building, the council scheduled a hearing to con- sider issuing tax-exempt revenue bonds for Yankee Square I, a two- story office building proposed by Federal Land Co. In a fetter to the council, Martin Colon cited his company's record Eagan continued on page 6 Personally yours FOR CHRISTMAS take one of these sale -priced Smith, � typewriters...and get a genes / d from Smi+h_r' From Ethan Allei Conurnunity/Ruin South (8) Minneapolis Star and Tribune/ Thur., Dec. 2, 1982 7 Eagan Continued from page I Egan and B mquist cast two of the three citycouncil votes that blocked Ravine Plaza. They ar- gued that the project would be pro- hibited if an airport zoning regula- tion proposed by the Minnesota De- partment of Transportation is ap- proved by a joint airport zoning board. But the proposed regulation is at least two years away from being approved, according to a zoning board official. If approved, it would not apply to any affected development already underway if the development is completed within two y rs. The regulation would prohibit resi- dential or commercial develop- ments to no more than 15 people an acre. Ulvilden's site would be just inside the restricted area. The state transportation depart- ment and the Metropolitan Air- ports Commission have told the city of Eagan that they will not make a recommendation for or against the Ravine Plaza project. Thur., Dec. 2, 1982 of events to on the first Tuesday of every month at the Jewish Community Center, 1375 St. Paul Av., Highland Park. Call 932- 5495. II Concerned United Birthparents of Minnesota rneets at 7:30 p.m. today in the community room at Apache Plaza Shopping Center, 37th Av. NE. and Silver Lake Rd., St. Anthony. I! Free weekly meetings of Alcoholics Victorious Inc. begin at 7 p.m. Tues- days in Park Alliance Church, 8333 Hemingway Av. S., Cottage Grove. Cali Royce Linscheid at 455-8171. ■ Sioux Sayers No. 430 Toastmasters Club meets every Thursday at 6:29 p.m., except nolidays, in the Evergreen Restaurant on Hwy. 13, Savage. Call Duane Hanf at 890-5747 or Rob Schaller at 890-6855. ■ The Catholic Center for the Separat- ed and Divorced sponsors mixed volley- ball beginning at 8 p.m. every Monday in the gymnasium of St. John the Baptist School, 3001Nalnut, Savage. Dona- tions of $1 are requested. ■ The Minnesota Aquarium Society meets at 7:30 p.m. on the second Tuesday of every month at St. Christo- pher Episcopal Church, 2300 N. Hem- line, Roseville. Call 375-9225. ■ ThP Minnacro. et lace developer sues city Diffley1Vtarkp Developer contends that Eagan automatically approve plan of the Diffley Venture LLC project in April, which will include a 43,000 square -foot by Erin Johnson THISWEEK NEWSPAPERS The developer of Diffley Marketplace, a grocery store and retail development on Diffley Road and Lexington Avenue, is suing the city to get approval of the original version of its plan, which in- cludes access to residential street Daniel Drive. The Eagan City Council approved a modified version grocery store and two 10,000 square -foot retail buildings on the 11-acre site. It was approved with more than 30 conditions, and without access to Dan- iel Drive. But Diffley Venture al- leges that the city missed a statutory deadline to ap- missed a deadline and should with access to Daniel Drive prove or deny the original Drive, be automatically ap- plan. proved. Gary Van Cleve, attorney The city disagrees, and for Diffley Venture, said the asserts that it followed state original plan was submitted law throughout the process. in August and should have "In all this time we have been approved or denied by been working together in the end of February. good faith towards solu- Since the city did not take tions," said Eagan City Ad - action by the deadline, he ministrator Tom Hedges, said, state statute dictates "Diffley Venture never as - that the original plan, which serted concerns about the includes access on Daniel See Lawsuit, 5A Lawsuit/from 1A timing of any city decisions until now." Automatic approval of an application, the city said, would essentially bypass all public input on the project and violate the due process guaranteed by the Minne- sota and U.S. constitutions. "The city is being sued to gain judicial approval for an. original site plan the devel- oper could not, without sev- eral conditions, get approved by the city council," Hedges said. The city filed its response to the lawsuit on Tuesday, denying Diffley Venture's al- legations. Although some citizens were upset over the size of the development, access on Daniel Drive has been the most controversial part of the project. Residents of Daniel Drive rallied to oppose the access point, fearing an increase in traffic would make their street less safe. The city agreed, but the county said it would not allow full access on Diffley without access on Daniel Drive. The city tried to com- promise by allowing an en- trance -only access on Dan- iel, but the county denied it. The city ultimately ap- proved the plan without the access point, which essen- tially brought the develop- ment to a standstill. Van Cleve said the devel- opment will continue to re- main on hold until the law- suit is resolved. Erin Johnson is at eagan. thisweek@ecm-inc.com. JudgeMarketplace dismisses lawsuit City acted in a timely manner when it approved grocery store development, judge says by Erin Johnson THISWEEK NEWSPAPERS A judge has dismissed a lawsuit brought against the city of Eagan by a developer seeking full access on a resi- dential street for its grocery store and retail buildings. Diffley Ventures LLC sued the city in May to get auto- matic approval of its original plan for Diffley Marketplace, a grocery store and retail de- velopment planned next to the existing Walgreen's at Diffley Road and Lexington Avenue. The original plan included full access to the 11-acre site from Daniel Drive, which residents and the city were opposed to. In its lawsuit, Diffley Ven- tures alleged that the city missed a statutory deadline 43 f, Di fley Rd 74. NormviEwES ev P Park to approve or deny the origi- nal plan, which should result in the plan's automatic ap- proval. Not so, . said Dakota County District Judge Timo- thy Blakely, who dismissed the lawsuit Wednesday. "The city did what the Legislature commanded by giving the developer a timely answer," he said. The statute is intended to prevent cities from unreason- ably delaying decisions on projects that request zoning changes, he said. "The purpose of the legis- lation was not to provide de- velopers back -door access to approval when a city denies all or part of their zoning re- quest," he said. The city approved a modi- fied version of the plan with 31 conditiors, including the condition that there be no access on Daniel Drive, in October 2005. Residents on Daniel Drive had protested the access point, fearing an increase in traffic would make their street less safe. But the county refused to allow full access on Diffley Road if there was no access See Lawsuit, 19A Lawsuit/from lA on Daniel Drive, leading to • months of wrangling be- tween the city, county and developer. The city attempted to compromise by allowing a one-way access point on Daniel Drive, but the county rejected that plan. The city approved the fi- nal plan with no access to Daniel Drive in April 2006, essentially bringing the de- velopment to a standstill. Gary Van Cleve, attorney for Diffley Ventures, said his client has not yet decided whether to appeal the deci- sion. "Clearly they have a right to appeal," he said. "I don't know at this time if they are going to exercise that right." Eagan City Administrator Tom Hedges said the city is pleased with the judge's deci- sion. "The court has plainly stated that the developer has an approved development plan for the site as long as it follows the 31 conditions and there is no access to Daniel Drive," he said. "It is now up to them to decide if they wish to proceed." Erin Johnson is at eagan. thisweek@ecm-inc.com. Look inside this issue for Bulletin Board 0 750 Newsstand 2 Sections Volume 22 PUBUCATIONS Number 44 EAGAN October 29,1997 INDEX Opinion .., Page 4A Let It Be Known Page 18A Calendar Page 20A Sports Page 21A Classifieds Page 1B Crossword ......,,Page 3B walk """im Judgment day nears for class action case Faithful Shepherd Shepherd sets sights on Fagan The first Catholic school to be built in the Twin Cities Area 1 .in three decades may be built in Eagan. The Board of Directors of Faithful Shepherd Catholic School signed a purchase agreement for 28 acres of land in Eagan. INSIDE ON PAGE 1 OA MOM MN= District 191 voters go to polls Nov. 4 R e s i - dents of School Dis- trict 191 will cast their votes next week in the• tsx- -pees levy referendum election. By Sue Hegarty Minnesota Sun Publications A Dakota County Judge said he will decide within a few clays whether the city of Eagan should pay what could amount to a multi. million dollar settlement in a class-action lawsuit filed by Twin Cities' builders. The 3-year-old lawsuit result- ed when builders complained that Road Unit Charges Eagan collect- ed, along with its building per- mits from October 1988 to March 1997, was an illegal tax. The builders lost their case in District Court, but won in a Court of Ap- peals. The Minnesota Supreme 111111.1 Witte Courts Court upheld that decision and ordered the penalty phase of the case back to District Court. On Oct. 23, Dakota County District Judge Rex Stacey heard attorneys' arguments regarding why Eagan should or should not pay builders and homeowners back money they paid for road unit charges. "It's not an easy case, but I71 get a decision out hopefully in a couple of weeks," Stacey said after the hearing. In its defense, the city argued that the builders paid the road unit charges voluntarily without protest. Their failure to protest should disqualify them from col- lecting a settlement, argued At- torney John Baker. "The court ought to find that protest is required and that they at least complained about the charge at the time it was charged," Baker said. No evidence came forward to show that builders objected at the time they paid the charge or that they sought a refund, he added. An attorney for the plaintiffs, on the other hand, said failure to protest does not mean there was no duress imposed or that builders shouldn't recover the charges. Builders were forced to pay the road unit charge under duress, said Wood Foster. "The universal rule is when there is duress, protest is not nec- essary," Foster said. He cited 10 other Minnesota case histories regarding duress, the oldest case dating back to the 1800's. Back then, it was more common for people to pay taxes or fees under protest. Today, that' not necessary. "This case is a classic example of what a class action is for," he. said. JUDGE: To Page 19A Eagan High to present Webber's `Joseph' Eagan High School will present Tim Rice and Andrew Lloyd Webber's "Joseph and the mr 1 19A Judge: Few opt out of lawsuit From Page 1A Builders had no choice but to pay the fees associated with obtaining a building permit in Eagan, Foster said. Without pur- chasing a building permit, the only thing they'd be allowed to do on their land is "have a picnic," Foster said. "It's clear that this is a classic instance of duress," he said. The road unit fee was charged during the 1970s also, but builders can sue for damages for only the past eight years. In 1978, the road unit charge for a single-fam- ily home was $75 and by 1994 it had been increased to $410. The city used the money to develop roads in and around the new de- velopments. During last week's judgment hearing, Stacey raised a question previously asked by city officials: "Should I look at who has benefited?" Baker answered for the city saying, "What the money went for was very rele- vant. Homeowners were the first to realize, 'I'm going to pay one way or another; be it through a permit, road tax or mil levy" Baker said. But Foster said that issue is no longer relevant. "For two years and eight months we litigated whether a Road Unit Charge was legal. Now the focus changes to re- covery," he said. "For every wrong there is a remedy. If you allow the city to keep all the money they collected, which is mil- lions of dollars, because (builders) have not protested, then what becomes of the Supreme Court decision that said this was an illegal tax. You'd create virtual immunity," Foster told Stacey in his clos- ing arguments. The case originally was filed by six builders but is referred to as the Country Joe Lawsuit, named for one ofthe plaintiffs, Joe Miller. After it was granted class action status, notices were sent to every property owner in Eagan, about 22,000, allowing them to opt out of the class action suit. Fos- ter said about 50 property owners with- drew from the class action. Other cities are watching this case, the first of its kind in Minnesota. A similar suit was filed against the city of Apple Valley, but is on hold pending the outcome of the Eagan case. MVTA: Drivers convert to bus From Page 1A p.m. bus from Minneapolis to the transit station and on to Savage; a 7:01 a.m. bus from Burnsville to St. Paul with stops along Highway 13 and at the Black Hawk park and ride in Eagan; and a 4:34 p.m. bus from St. Paul to Burnsville. Swartz admits response to the growth may have seemed slow, due to the difficul- ty the MVTA had in securing drivers and vehicles to transport the expanded rider- ship. Some of the buses on the street aren't yet painted like other MVTA vehicles, as the agency wanted to get them on the street wlfast as pcasible, Swartz said. vice would be as good as the metro," said Bauer, who works for a Minneapolis law firm. Transportation was so important that before Bauer moved to Nicollet Ridge Apartments, he called the MVTA to find out what was available. The first day he rode, Bauer was uncer- tain as to where he would exit downtown. As it turned out, he is dropped off a short distance from his office. He also wasn't sure where he was to catch the bus at the end of the day, but a map given to him at the transit station pro- vided him all the information he needed, he said. Swartz added that the bus also gives nnrn nn rarer^ h;,nn thin. nt%, nr,I,, o �.•M,1ri Apple Valley/Rosemount, Eagan Sun•Current/Wednesday, Oct. 29, 1997 QUESTIONS, ANSWERS & SOLUTIONS Q: Dear G.E., Both my wife and live in Minnesota and qualify for Medicare, but we must purchase supplemental insurance to be adequately protected. This costs us about $338.00 a month. We have friends in both Arizona and Texas who tell us their Medicare covers everything except $7.00 a prescription with no supplemental insurance. My questions are as follows: 1. Does each state handle their own Medicare? 2. How many states have plans that cover all the supplemental Medicare expenses? 3. Why is there this discrepancy? Darrel J. Rial Bloomington, MN A: Dear Darrel, Each state is reimbursed by the Medicare system based on the average medical costs in that state. Because the average costs here are less, Minnesota HMOs are reimbursed at a much lower rate than other regions of the country. In turn, the HMOs here charge premiums to their Medicare members to help cover the costs. To my knowledge, four states do not charge for supple- mental coverage: Florida, Texas, Arizona and California. There may be others of which I am not aware. Of the 136 national Medicare HMOs, half charge no premiums to their enrollees, partly because the federal government pays them a higher reimbursement for each member. Only six HMOs nationally charge in excess of $80 per month. Here is a chart comparing MN to the U.S. average: MN U.S. $3,423 $3,941 • Avg. Medicare pmt. per enrollee • Enrollment in trad. Medicare • Enrollment in managed Medicare • Avg. premium for Medicare HMO 81% 91% 19% 9% Tess .11 „ 41; than 4.,, .! Tower: Council has denied request twice From Page lA Twice the council has denied the re- quest, though the Planning Commission recommended approval. Last July, AT&T proposed the con- struction of an antenna tower and an equipment building on city -owned proper- ty at Cliff and Oak Chase roads. When the council denied that plan, AT&T came back to request the same tower across the street on Parkview Golf Course. Four neighboring property owners objected to the tower, saying it would be a visual in- trusion that may lower their property val- ues. The council also denied that request. There currently are 10 communica- tions towers in Eagari, two of them owned by AT&T. A limited number of radio fre- quencies is available to provide cellular telephone coverage. The system is divided into a series of cells, each served by a cell site. Determining the appropriate location and height for each new cell is a complex task that takes into account several vari- ables, according to the complaint. Due to the limited number of frequencies, AT&T says it must reuse the same frequency within the overall system. Each new cell must be located so as not to interfere with the other cells using the same frequency. The other factor to consider is whether the antenna is in a line of sight from the trans- mission receivers. Generally, that requires that towers be placed on a hill or tall build- ing within the cell site. Current zoning allows free-standing towers of up to 100 feet for single users or 150 feet, provided the tower is shared with other service providers. When a tower abuts a residential property, the setback distance must be double the height of the tower. Locations in Eagan are restricted to in- dustrial or public districts through a con- ditional use permit. That presents a prob- lem in south-central Eagan where the zon- ing is primarily residential. City Administrator Tom Hedges said the council will consider increasing the setback distance requirements from resi- dential properties. Hedges called the cur- rent setback requirements "inadequate." "We are planning to bring back a study that we've done very expeditiously to ad- dress the cell towers," Hedges said. "We've really narrowed the issue down to the con- ditions of how the cell towers set back from residential neighborhoods on public facili- ty zoned property. That was why we adopt- ed the interim ordinance (moratorium)." The city is researching other solutions. One would be to replace existing utili- ty poles with cellular tower poles. Kevin Maas, land use manager for Cooperative Power, said city staff has contacted him about such a solution but the possibility has not been researched. Another solution may be to allow cellular service providers to deviate from maximum tower height if they agree to increase the dis- tance from residential areas. The City Coun- cil was scheduled to meet Tuesday, Oct. 21, regarding the antenna ordinance. y Vl 111111U1C school student can be that of tutor, ad- dressing particular educational skills, such as reading, math, or computer sci- p.m., at the Dakota County Government Western Service Center, Apple Valley. Information/registration: 891-7481 (John Tulk). Scruples Professional Salon Products is looking for models for on -the -scalp lightening. All services done FREE of charge. If you have dreamed of being a blonde, give us a call at Scruples. TEAM GILBOA • ♦ .. ° w r. _ _ a_. M Al /1114 SPONSORED b MT. GILBOA SKI RACING and HYLAND HILLS THOUSANDS of NEW SKIS,SNOWBOARDS, MOUNTAIN BIKES and RELATED ACCESSORIES from the TWIN CITIES' TOP OUTDOOR SPORT RETAILERS. Hundreds of New & Used Kids' Skis under 150 cm If you'd like to sell or buy any quality used stuff, this is where you'll want to be! Pierce Skate & Ski Midwest Water Sports Crystal Ski & Patio "The House" Snowboards Hyland Hills Prairie Cycle & Ski Fitz Harris Ski & Sports Last year's high performance demos from: SALOMON ROSSIGNOL TWENTY SIXTH ANNUAL SKIS SNOWBOARDS MTN. BIKES INd1NE SKATES CLOTHING WATERSPORTS EQUIPMENT & ACCESSORIES INFO SWAP check in Fri,9AM-9PM check out 3.6PM Sun. Items not picked up by 6 PM Sunday will be donated to Courage Center SALE HOURS OCT. 24 5PM.10PM OCT, 25 9AM4PM OCT. 2610AM,3PM $2.00 entry fee per item + 20% of each sale benefits Team Gilboa SKI AREA MOO cNAI c AT&T Wireless files lawsuit against Eagan Ordinance changes discussed By ERIN HEMME FROSLIE Revisions to the city's tower ordinance are expected to be presented to the Eagan City Council sometime in Novem- ber, but even if approved it may be too late to avoid pend- ing litigation. AT&T Wireless Services filed a federal lawsuit against the city of Eagan Oct. 2, alleg- ing the city violated the Tele- communications Act of 1996. The suit rises from the City Council's denial of a condi- tional use permit (CUP) and subsequent passing of a mora- torium when AT&T Wireless requested permission to build a 100-foot communications tower on the Parkview Golf Course in southeastern Eagan. The interim ordinance was passed to allow the city time to review a recently passed communications ordinance. The moratorium expires Aug. 31, 1998, but may be extended until February 2000. It may also end sooner, if the council approves a revised ordinance. AT&T listed eight counts against the city of Eagan and called for damages in excess of $75,000. In a 15-page complaint, AT&T alleges that the city's denial of the CUP "constitutes an illegal attempt to regulate the entry of and rates charged by AT&T." The complaint also states the council's denial of the CUP and the moratorium "prohibit wireless services and violate (the Telecommunica- tions Act)." AT&T also alleges that the moratorium illegally delays its application for a CUP. (See Lawsuit, p.3A) NO SECURITY Includes 1st Payment Doors, AM/FM Cassette, Rear C *71022 M.S.R.P $21,165 Discount Et Incentive — 2,770 ll�♦ 18,2 15 over 12,000 miles per year. Caravan Res.($12,642), Grand 24 MO. LEASE SPECIAL! '98 DAKOTA CLUB CAB "Sport Package" • V6, Air, Foglights, Body Colored Grill and Bumper, Aluminum Wheels, Dual Air Bags, AM/FM Cassette. $999 Down +$200 Dep. 1. .23 '9 Or • 150 HP • • Air Condi • Tach. • R t1)nnT1 Lawsuit (Continued from front page) In the defendant's answer, filed Oct. 22, the city of Eagan denied the allegations and states that "all action taken by the City of Eagan was within the authority granted to it by the 1996 Telecommunications Act." It continues "the City of Eagan has specifically granted permission to the Plaintiff to install towers with the City of Eagan and has not prohibited AT&T from providing personal wireless services...." Ce11 tower locations in Eagan are restricted to sites zoned industrial or public with a con- ditional use permit. Free- standing towers are allowed up to 100 feet, or 150 feet if the tower is shared. If a tower abuts residential property, the setback must double the height. On Oct. 21 the council con- sidered ordinance revisions from the Planning Commission. Among the changes included are an increased setback to 300 feet from residential lot lines and the encouragement of co -location. A revisea ordinance will be presented to the council in No- vember. According to City Administrator Tom Hedges, AT&T has been notified of proposed changes through its attorney. "If the new ordinance is adopted, we'll send it to them," he said. "We're willing to work with them." opinion A boy finds out it's not cool to like the Packers ere are people I know whose hatred for the Green Bay Packers is the stuff of legend. They're better than most Packer -haters, because they're letters Is a child's healtl To the editor: Sunday, Oct. 12 was an awful day: high winds, drenching rains and low temperatures. Did you let your children go ,...+,:d. rn nlav? Did vnu even EAGAN October 22,1997 INDEX Opinion Page 4A Obituaries Page 12A Calendar Page 20A Sports Page 22A Classifieds Page 1 B Crossword Page 3B AT&T alleges city violated FCC regulations Eagan's denial, moratorium of cell tower lands in federal court. By Sue Hegarty Minnesota Sun Publications AT&T Wireless Services has filed a federal lawsuit against the city of Eagan alleging viola- tions of the 1996 Telecommuni- 1 cations Act and damages in ex- cess of $75,000. The suit, filed Oct. 2 in U.S. District Court, stems from the coun- cil's denial of a conditional use permit (CUP) that would have allowed AT&T to install a 100- foot antenna on public property in south-central Eagan. AT&T lists eight counts against the city in the 15-page complaint. Count one alleges that the city's refusal to grant the re- quired permit was an illegal at- tempt to bar AT&T's entry into southern Eagan. According to the Telecommunications Act, local government may not dis- criminate among providers or prohibit personal wireless ser- vices. Cities also are required to act upon a request for per- sonal wireless service facilities "within a reasonable period of time." In September, the City Coun- cil placed a moratorium on con- ditional use permits for anten- na requests. The moratorium expires Aug. 31, 1998 but may be extended until February 2000. In addition, AT&T states that the ban came after their applica- tion for a CUP was filed. TOWER To Page 9A 2A Apple Valley/Rosemount, Eagan Sun•CurrentlWednesday, Oct. 22, 1997 W. AI 11 IjIAMI MI WPM NW IMIIMINIIPM III A.MIMI.1.11=1=r•1•I•IrLw Am I� LIM 1K441111 m1W1■ikW]■mPLWAWlWllWiWl• 171 AM UETTE° 11/7 NIL — ■ 1 ■ 1\'1 — t Wl ■ 11 / 1 11/\ 1 ■ 1= 1 ■ 1 -\� al • 1 II1.\1 7v/ v IN1, y, 1 ••i`i • /i ■ • 1 "IL GOLDEN VALLEY BLIRNSVILLE 544-8500 435-2588 BROOKLYN CENTER RICHFIELD JK!NGTERPRISES 560-3388 661-3391 01 V I)LS('OL'.\TR'LNUUU Fa,SIiIO\5 M11P37-029'3VAY OIL FOR11'-ROMP TOP TREATMENTS.DRAPERY 25% off Choose from 2800 pattens in our Select Masterpieces r 11Prtinn. Get quality workmanship, quick service and save! Funding allows fine are By Amy Barnett Minnesota Sun Publications Fine arts received funding help Oct. 16 when the District 191 Board of Edu- cation agreed to give the department more than $24,000 in additional dollars for 1997-1998. The funding is divided into two cate- gories: one for the upcoming production of "Bye Bye Birdie" and another to allow Burnsville High School to expand its per- formance schedule by two plays. The $12,055 appropriated for the up- coming musical was to make up for a misunderstanding regarding drama bud- gets for the schools. Community education is to pay for ju- nior high drama events, while Burnsville High School pays for its productions through activity fees. With senior high and junior high students participating in "Bye Bye Birdie" it was thought that Com- munity Education and Burnsville High School each would pay for half the costs of the play. However, the funds from Com- Door 1on�a�.�1_— munity Ed costs neede up to pay fc "Bye Bye Bi With stu, and set bu: rector C.J. I "smoothest standing w( one-third tl funding thi The rest board Oct. meet a goo grams. In 1995, from the hit resulting in tivities. To e directed b] money is of The addi allow stipei School prod Good 11' "Thurber -11 ma L1.464,L L Veld® UPC 10330 No. 153L HASTINGS. MN /// SMEAD® KEEPING YOU ORGANIZED No. 10334 2-153L SUSTAINABLE RECYaET) FORESTRY INITIATIVE eincCONTENT 1O% C.nifiodRWrSourcinp T�NSUb1ER www.tfiproprun.prp Cm 0' MADE IN USA GET ORGANIZED AT SMEAD.COM Eagan to hold hearing on revocation of license GRANT BOELTER • SUN NEWSPAPERS The city of Eagan seems to back on track to buy land for use as a future fire campus. According to City Administrator Tom Hedges, the Rahn Family, which owns the former Carriage Hills Golf Course land, has reached an agreement with its mort- gage holder to avoid foreclosure proceed- ings. That would likely allow the city to close on the sale for four acres of the land sometime in November, Hedges said. Notice was posted for a sheriff's sale Nov 4 for the Carriage Hills land and Rich Valley Golf Course in Rosemount, both owned by the Rahn Family. However, the sale was postponed as the landowners have told the city a deal is in place with Vermillion State Bank, the mortgage holder. "I think it's a good thing for us," said Hedges. "I think that's the last hurdle for us to prepare for a closing date." The city has a purchase agreement in SUJil tormi 1 I- 1 Z- 2bo ct In the Community, With the Community, For the Community Sale of fire station land back on track? place to buy the land for $450,000. As part of the agreement, the City Council voted Nov 5 to allow the landowners to defer public assessments on the land one year to the beginning. of 2012. Interest will be paid on the assessments. Revocation hearing set The council also set a hearing for the possible revocation of the liquor license for Blackhawk Liquor & Wine for its reg- ular council meeting Tuesday, Nov 15. The liquor store, which is owned by Brar Enterprises, was cited for four alcohol sales between July 2007 and September 2009. Two violations were the result of sale of alcohol to minors and the other two were for obtaining alcohol from another retailer for the purpose of resale. The council has already suspended the store's license for 30 days, which is the pun- ishment outlined in city code for four viola- tions within 36 months. Brar Enterprises was also fined $400 for each violation. State statute and city code also allow the council to conduct a revocationhear- ing, where the council may decide either to revoke the license, impose a longer suspension or civil penalty up to $2,000. Wi You Live E C Frida Saturd c Eagan to hold hearing on revocation of license GRANT BOELTER • SON NEWSPAPERS The city of Eagan seems to back on track to buy land for use as a future fire campus. According to City Administrator Tom Hedges, the Rahn Family, which owns the former Carriage Hills Golf Course land, has reached an agreement with its mort- gage holder to avoid foreclosure proceed- ings. That would likely allow the city to close on the sale for four acres of the land sometime in November, Hedges said. Notice was posted for a sheriff's sale Nov 4 for the Carriage Hills land and Rich Valley Golf Course in Rosemount, both owned by the Rahn Family. However, the sale was postponed as the landowners have told the city a deal is in place with Vermillion State Bank, the mortgage holder. I think it's a good thing for us," said Hedges. "I think that's the last hurdle for us to prepare for a closing date." The city has a purchase agreement in ■.-- Baba am A/ S ft'rtXb} II - t 2- 2Do q In the Community, With the Community, For the Community Sale of fire station land backtrack? on place to buy the land for $450,000. As part of the agreement, the City Council voted Nov 5 to allow the landowners to defer public assessments on the land one year to the beginning, of 2012. Interest will be paid on the assessments. Revocation hearing set The council also set a hearing for the possible revocation of the liquor license for Blackhawk Liquor & Wine for its reg- ular council meeting Tuesday, Nov 15. The liquor store, which is owned by Brar Enterprises, was cited for four alcohol sales between July 2007 and September 2009. Two violations were the result of sale of alcohol to minors and the other two were for obtaining alcohol from another retailer for the purpose of resale. The council has already suspended the store's license for 30 days, which is the pun- ishment outlined in city code for four viola- tions within 36 months. Brar Enterprises was also fined $400 for each violation. State statute and city code also allow the council to conduct a revocationhear- ing, where the council may decide"either to revoke the license, impose a longer suspension or civil penalty up to $2,000. You Live E C Frida Saturd U.S. Supreme Court hears Eagan drug case By SARA THOMALLA-BLOOD During a given term, U.S. Supreme Court justices are asked to hear oral arguments on 7,000 cases. Only 85 to 150 of those cases are accepted. This year a drug case from Eagan made the cut. It's the first case the Dakota County Attorney's office has argued before the Supreme Court in 65 years. On Oct. 6, Assistant Minne- sota Public Defender Brad Colbert and Dakota County Attorney James Backstrom stood together before the jus- tices to present their separate sides on Minnesota vs. Wayne Thomas Carter and Melvin Johns. Counsel learned the Supreme Court accepted the case in May. Five months of prepara- tion — and hundreds of pages of drafts, arguments and ap- pendixes — brought them to Oct. 6. They had exactly one hour to argue their cases before ( the court. A decision will not be avail- able for several months, but, both men are confident their sides will win. Case facts - On May 15, 1994, Eagan Po- lice Officer Jim Thielen was approached by a person. who observed suspected drug activ- ity through the blinds of an apartment window on South Valley View Drive. Thielen went to the apart- ment complex and stood 12 to- 18 inches away from the win- dow of the lower -level- apart- ment. Looking through a gap in the mini -blinds, which were closed, he saw two men and a woman sitting -at a kitchen to-- ble. They were placing a white powdery substance into plastic bags. He watched this activity for 15 minutes before he returned to his squad car to contact a member of the South Metro See Case, p.17A) -Case ffi (Continued from front page) preme Court's decision, Back Drug Task Force to ctbtain a strom, 45, decided to haKilt' search warrant. While in the the case. process of getting the search Colbert, 41, was the attorney warrant, police watched two for Johns. Scott Swanson was - males putting items into a the attorney for Carter. Who Cadillac and drive away. would present the oral argu- Police arrested the men, ment? Wayne Thomas Carter and "We flipped a coin," said Melvin Johns, both of Chicago. Colbert. "We're- a very demo - Police found a black, zippered cratic organization.."• pouch and a handgun on the Preparation for both sides passenger -side floor. was very similar. Both Iooked Later searches, conducted at old cases and -drafted, and after warrants were obtained, redrafted opening arguments. found 47 grams of .cocaine "My preparationwasexten- wrapped in numerous baggies sive," said Backstrom "It in the black pouch found in the helped relieve any anxiety. :I car, Backstrom said. They also • slept remarkably well the night found a duffel bag containing a before." digital scale with trace Both men had brought some - amounts of cocaine on it, he thing for good luck. Backstrom said. brought his wife, Mary Beth, Police also searched the and their daughter, Analise. apartment, which was rented Colbert had a photo of his by the woman, Kimberly daughter attached to his pa-, Thompson. Officers found co- pers. caine residue on the kitchen ."It made me smile," said table and baggies similar to Colbert. "I tried to enjoy this those found in the car, Back- unique experience. If I was go- strom said. • ing to feel miserable, I real - Johns, Carter and Thompson ized it was not going to be were charged and convicted of fun." controlled substance -related Presentation - crimes. Johns and Carter Both men had 30 minutes to moved to have the charges speak before the court. The at - dismissed, arguing that torneys also submitted written Thielen's observations consti- briefs. Backstrom shared 10 tuted an illegal search. minutes with U.S. Assistant The case made its way to the Solicit General Jeffrey Minnesota Supreme Court L licit Sept. 11, 1997.. Presenting to the U.S. Su- On a 4-3 decision, justices preme Court is different from. reversed the convictions, stat other court appearances. Jus- ing that Johns and Carter had tices are not shy about inter - an expectation of privacy -- the blinds were down in' an apartment of an acquaintance — and that Thielen took "extraordinary measures" to view the inside of the apart- ment. By the time the decision was reversed, Carter had finished serving his sentence. But Johns rupting an attorney's argument to ask questions This day was no different "I 'Worked on my opening. `Chief Justice, may I please the court....' But I didn't get to say it," said Colbert. As Colbert arrived at the 'po- dium, a justice blasted the first \D - icicM question. - had six years 'left -to serve. „I was asked• questions the S Su-time,"'said Colbert. All of the ave- 2questions. nues were covered in his notes. It was a rare opportunity and Colbert said the case hinges « on two questions: an extreme privilege to have Can an officer stand 12 to 18 the.chanceto argue a case be- apartmentSupreme Courtbe- inches with- of an blinds fore the U.S. Sup It's an'experience I'll >.never window with the blinds closed „ saidx,Backstrom. to observe actiecta- forget, Is there reasonable uests of an tions of privacy apartment? Colbert said there is also the constitutional provision, as out- lined in the Fourth. Amend- ment: people to be "The right of p, p secure in their persons, houses, papers, :and .`effects„ -against unreasonable searches and odased, zures, shall not be _ and - no warrants shall be is- sued, but upon probable cause, supported by oath or affirma- tion, and particularly describ- ing the places to be searched,. and the persons or things to be searched." Preparation Phil Prokopowicz, co -council for Backstrom, initially tried the case. When_ the _ office de- cided to.appeal: the . state Su Both men attend.. the entire Oct: 6 Backstrom said he was asked preme Court hearing 4 U.S. Court facts COMPOS Public CompostIYard! 'Also Selling: Compost Soil $(0.00 cu. yd. Black Dirt $10.00 cu. yd. Oak Hardwood Mulch. $11:00 cu: yd. Landscape Red Oak Bark Mulch 515.00 . Oak Hardwood Chips $15.00 cu. yd. Brush Mulch' $ 4.00 cu. yd.. Located in Eagan_ Supreme Court will hear eminent domain case • City, business owners will face off over property rights . by Erin Johnson THISWEEK NEWSPAPERS The Minnesota Supreme Court has agreed to hear an eminent do- main case that has pitted the city of Eagan against business owners in the Cedar Grove area. The state's highest court will make the final decision over whether the city had the right to initiate a quick -take condemna- tion of several properties for a planned urban village. Three businesses — Larson Au- tomotive Repair Services, Compe- tition Engines and U-Haul — sued the city to prevent the move. An initial court ruling sided with the city. An appeals court reversed that decision, claiming the city council limited its Economic De- velopment Authority's power of eminent domain by requiring a binding development agreement before any property could be ac- quired. No such agreement was in place at the time of condemna- tion. City officials said they are pleased the Supreme Court has agretd to take the case because they believe it has statewide sig- nificance. "Two lower courts came to dif- ferent conclusions, so it is impor- tant that the meaning and appli- cation of state statutes is clarified for all economic development authorities throughout the state," said Eagan City Administrator Tom Hedges. The city said it will continue to move forward with phase one of the development, which includes 150 units of senior housing, 250 apartment units, two four-story hotels, a retail building with three or four tenants, and a building for child care/commercial use. "Eagan remains committed to achieving its vision in Cedar Grove of creating a viable, mar- ket -supportable mixed -use 'devel- opment to serve as an attractive , gateway destination for western Eagan," Hedges said. The Cedar Grove redevelop- ment area is located east of Cedar Avenue along Highway 13. Plans for the area, called the Village at Cedar Grove, have long included a mix of commercial re- tail space, life -cycle housing, of- fice buildings, and open space. Between 2002 and 2007, the city acquired about 80 percent of the properties in the redevelop- ment area. Cedarvale Lanes and Jensen's Supper Club will remain at their current locations. By September 2007, negotia- tions to purchase the remaining properties stalled, prompting the EDA to use eminent domain. Of the 31 properties the city condemned, six owners objected. Three later dropped their objec- tions and reached deals with the city. The first phase of the project will include about 60 percent of the land up for redevelopment. Plans for a future phase have yet to be determined and could be affected by the outcome of this court battle. City officials have said they are committed to completing phase two no matter how long it takes. Erin Johnson is at eagan. thisweek@ecm-inc.com. Lay it 15450 t hub for muters and St. Paul, -ransit ion will tit stops )us hich ning Ind Is ■ y d' lar Ig id City, business owners present arguments to Supreme Court State's highest court will make final decision in Cedar Grove eminent domain battle by Erin Johnson THISWEEK NEWSPAPERS The Minnesota Supreme Court heard oral arguments Jan. 5 in an eminent domain case that has pitted the city of Eagan against business owners in the Cedar Grove area. oPe_ Attorneys for both . The area is located east of sides presented their cases Cedar Avenue along High - Wednesday and now must way 13. play the waiting game until Between 2002 and 2007, a decision is reached. There the city acquired about 80 is no estimated timeline for percent of the properties in that decision, according to the redevelopment area. the city. By September 2007, ne The state's highest court is the last stop in a legal bat- tle that began in 2007 when Eagan initiated a quick -take condemnation of several properties for a planned ur- ban village. Three businesses — Lar- son Automotive Repair Ser- vices, Competition Engines and U-Haul — sued the city to prevent the move. An initial court ruling sided with the city. An appeals court reversed that decision, claiming the City Council limited its Eco- nomic Development Au- thority's power of eminent domain by requiring a bind- ing development agreement before any property could be acquired. No such agreement was in place at the time of condem- nation. is The city appealed that de- cision and was told last Sep- y tember the Supreme Court y would hear the case. Meanwhile, the city has / continued to move forward I with plans for phase one of the development, which in- cludes 150 units of senior housing, 250 apartment units, two four-story hotels, a retail building with three or four tenants, and a building for child care/commercial use. Several existing buildings were torn down in recent months to make way for de- velopment, leaving only five buildings still to ' be demol- ished, including the three in- volved in the lawsuit. Plans for the Village at Cedar Grove have long in- cluded a mix of commercial retail space, life -cycle hous- ing, office buildings, and e. gotiations to purchase the remaining properties stalled, prompting the EDA to use eminent domain. 0f the 31 properties the city condemned, six own- ers objected. Three later dropped their objections and reached deals with the city. Phase one of the project will develop about 60 per- cent of the land in the area, which does not include the contested businesses. Plans for a future phase have yet to be determined and could be affected by the outcome of this court battle. City officials have said they are committed to com- pleting phase two no matter how long it takes. Erin Johnson is at eagan. - thisweek@ecm-inc.corn. REAL ESTATE PRE -LICENSE COURSES Scholarships and Financial Aid available to qualified students. EVENING CLASSES START FEBRUARY 1ST Call now to register 651-423-8600 or for more information martin.otto@dctc.edu or www.dcte.edu We also offer the only 16 college -credit Property Management Certificate in Minnesota Approved by the Commissioner of Commerce pursuant to Minnesota Statute S82.22 suedfor initial education - pre_li.ensecourses are VA approved. • 1 11f:M IMO woe —'m. ;g e ■i SOLD �XDAKQTA CQUNTY /� TECHNICAL COLLEGE Real Education - Real Results DCTC is a member of the Minnesota State Colleges and Universities system and an affirmative action, equal opportunity employer and educater. This document is available in alternative formats to individuals with disabilities by call 1-877-937-3212 or TTY: 651-423-8621. s,,, vill hat la- .e- o- to .a t 'e n h 11 s, it e La 11 `/h(Ja,,r/f/ 9.//ff Council approves minor changes to city's winter trail maintenance policy By SARA THOMALLA-BLOOD Council members made some minor changes to the Eagan winter trail maintenance plan, but deemed the program suc- cessful overall following its first year of existence. Last summer the council ap- proved the city's first compre- hensive winter trail mainte- nance plan and policy, which incorporates 54 miles, or 50 percent, of the city's transpor- tation trail system. During the April 5 meeting, staff and council members in- dicated their approval of the plan, and that it was well re- ceived by the community. In a memo to the council, Arnie Erhart, streets and equipment superintendent, es- timated the program cost for 1999-2000 will be $152,000, which is 54 cents per foot. With those figures in mind, council members reviewed one formal petition and five re- quests to make modifications in the trail plan. Although the policy states that no requests for modifications would be considered for review unless accompanied by a formal peti- tion, staff agreed to review the requests because the process is still relatively new. The council voted 3-1-1 in favor of three of the modifica- tions — changing to plowing the north side of the trailway located on Yankee Doodle Road, between Coachman Road and Heritage Lane/Blue Cross Road; adding the east side of trailway on Dodd Road, between Hay Lake Road North and Cliff Road; and switching , to the west side of Pilot Knob Road, from Wescott Road to 418 feet north. Council Member Sandy Masin voted against the mo- tion, and Council Member Bea Blomquist abstained because she said she feels the process is "too subjective." The estimated cost for these changes is approximately $604. Not approved was the formal request to add a sidewalk lo- cated on the north side of Duckwood Drive, between Lexington Avenue and Falcon Way, to the plowing schedule. (See Trails, p.12A) W 62, Trails (Continued) The additional cost was esti- mated at $624. Currently, the sidewalk is being plowed by the local homeowners' associa- tion. Council Member Peggy Carlson did not include this request in her motion to pass the other requests. She said she feels the city would be setting a precedent by plowing in neighborhoods and not staying on the main roads. "I think this is a very high expense," said Carlson, during a telephone interview. "We have 50-60 high -density neigh- borhoods that could request the same thing. How could you say yes to one and no to the oth- ers? It's safer to stay on the main collectors." The council will hold its next review of the winter trail main- tenance plan and policy in April 2000. Artlsts sought for Rambling Ri' Arts Fes'-' Artists pate