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04/09/1991 - City Council Special AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY APRIL 9, 1991 5:30 P.M. I. ROLL CALL II. REVIEW FIVE (5) YEAR CIP RECONSTRUCTION NEEDS HI. REVIEW PROJECT #546 (CEDARVALE BOULEVARD) IV. REVIEW PROJECT #589R (ELRENE ROAD RECONSTRUCTION) • V. CONSIDER BID AWARDS FOR REFUNDING BONDS (G.O. IMPROVEMENT, SERIES 1991A FOR $3,315,000 AND G.O. PARKS & RECREATION, SERIES 1991B FOR $2,430,000) VI. CIGARETTE VENDING MACHINE LICENSING VII. OTHER BUSINESS VIII. ADJOURNMENT • . . . • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 5, 1991 SUBJECT: SPECIAL CITY COUNCIL MEETING AGENDA INFORMATION FOR APRIL 9, 1991 MEETING A special City Council meeting was scheduled for April 9, 1991 at 5:30 p.m. by official action of the City Council at the last regular meeting held on April 2, 1991. To accommodate a tight transition from work schedules due to the special City Council meeting, a sandwich and beverage will be provided at the workshop. The sandwich will be catered from Al Baker's; please contact Karen and indicate your choice on Monday or at the latest, Tuesday noon. Enclosed is a copy of Al Baker's menu. PUBLIC WORKS PROJECTS There are a number of important public works projects planned for 1991 and 1992 requiring public policy direction for the Engineering Division, including consultants, before they proceed any further. The projects requiring direction are referenced on the agenda as II., III. and IV., which include: • Review Five (5) Year C.I.P. Reconstruction Needs • Review Project #546 (Cedarvale Boulevard) • Review Project #589R (Elrene Road Reconstruction) Enclosed on pages / througl07 for background information on each of these projects are memos prepared by the Director of Public Works. There is no official action to consider approval or denial of any of the projects; however, policy direction to the Engineering Department on each of the projects is being requested. As a part of the reconstruction program,for commercial, industrial and residential areas is consideration of street overlays on existing community roadways. MnDOT has prepared and released a video that discusses road limits and street reconstruction overlays that is an excellent reference for appointed and elected officials to better understand the significance of overlays and why road limits are a concern to local units of government. Enclosed on page 42-8° is a memo from the Director of Public Works regarding the video. The sandwiches will be available shortly after 5:00 p.m. and the video will begin at approximately 5:15 p.m. for City Council inspection, if you can attend the meeting a few minutes early. The video is an excellent resource for the first agenda item considering the five year CIP reconstruction needs. If any City Councilmember would like a copy of the video to view at their residence, please contact either the Director of Public Works or City Administrator. • CONSIDER BID AWARDS FOR REFUNDING BONDS By recent action of the City Council, authorization was given to consider the refunding of ty g, g certain general obligation improvement bonds now referenced as Series 1991A in the amount of $3,315,000 and general obligation park & recreation bonds now referenced as refunding bonds Series 1991B in the amount of $2,430,000. The reason for considering a refunding is to lower the interest rate on the outstanding principal of both bond issues, netting a savings over the remaining life of each issue. The bid opening to consider both of the refunding bonds is scheduled for 10:30 a.m., Tuesday, April 9. The official statement, a copy is enclosed for your reference without page number, schedules the official award at 6:30 p.m. on Tuesday, April 9, 1991. Dave MacGillivray, fiscal consultant from Springsted, and the Director of Finance will be present at that time to present and recommend the favorable award. It would be appropriate to interrupt the review of public works projects at that time to honor the 6:30 p.m. award as designated in the official statement. ACTION TO BE CONSIDERED ON THIS ITEM: Action #1) To approve the favorable bid for general obligation improvement refunding bonds, Series 1991A, in the amount of $3,315,000. Action #2) To approve the favorable bid for general obligation park & recreation refunding bonds, Series 1991B, in the amount of $2,430,000. CIGARETTE VENDING MACHINE LICENSING At the direction of the City Council, the City Clerk's office was asked to review and provide • information relative to the licensing and additional regulatory controls for cigarette vending machines. That information was compiled and available for distribution early in 1991. Due to the number of issues that have been reviewed at work sessions this past winter and early spring and in an effort to reasonably control the length of work sessions, this item was postponed until the April meeting. By action of the City Council, all City licensing was extended for six (6) months to allow the review to occur, which means that all cigarette licensing will be void as of July requiring new regulatory language by that date. Enclosed on page 27 through 39 for City Council review is a copy of the information that was compiled by the City Clerk's office regarding the licensing of cigarette vending machines and minutes from the December 18, 1990, City Council meeting. Staff is contacting the Association of Non-Smokers Minnesota and requesting that a representative of that organization attend the meeting. OTHER BUSINESS There are several items the City staff is in need of public policy direction on, if time permits during the work session. These items are as follows: Item 1. Consideration of Even Year Elections--Enclosed on pages YQ through 7 cfor City Council consideration are memos prepared by Administrative Assistant Witt entitled "Municipal Elections" and Assistant to the City Administrator Hohenstein entitled "Relative Merits of Even Year Elections". The City Administrator has coordinated the collection of • data at the request of the City Council and would like direction to either: a) conduct additional research, b) place the item on a workshop agenda for further consideration or c) • place the item on a regular City Council meeting agenda as an action item. Item 2. Future Cellular Design--The Director of Community Development and City Administrator have had meetings with Warren Dunlap, of Cellular One, to discuss technology as it relates to the siting and construction of poles to accommodate transmission of telephone signals for mobile car phones. Before Cellular One proceeds with an application and request for a permanent pole on Deerwood Drive, the City staff was directed to review the City Code with Cellular One to determine what regulatory language, if any, is desirable for the City to avoid transmission poles occurring in agricultural districts at random throughout the community. Enclosed without page number is a memo and attachments prepared by Warren Dunlap of Cellular One addressing this point as information for the City Council. The Director of Community Development would like direction regarding this item before staff conducts any further research and Cellular One makes a request to the City Council for permanency of a transmission pole on Deerwood • Drive. Item 3. Informational a. Protective Inspections Monthly Report for March, 1991--Enclosed on pages qb through 4,1? is a copy of the Protective Inspections Monthly Report for March, 1991. • b. Volunteer Recognition Day--Plans for the Volunteer Recognition Day on April 27 are progressing nicely. Enclosed without page number for City Council consideration is a Volunteer Certificate of Recognition that was prepared by staff. Please critique so a final document can be prepared for lettering and signatures in advance of the 27th. Obviously, each certificate will include a different Commission title, i.e. Advisory Planning Commission. /S/ Thomas L. Hedges City Administrator TLH/vmd • MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR • FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: APRIL 5, 1991 SUBJECT: FIVE YEAR CIP STREET RECONSTRUCTION PROGRAM PLANNING AND PROGRAMMING As the City Council has been reviewing the overall Five Year CIP, I have had an opportunity to very briefly introduce them to the proposed street reconstruction program part of that overall CIP. If at all possible, I would like to have an opportunity to further discuss the planning and programming aspects associated with the significant CIP improvements such as local street reconstruction. Historically, the City of Eagan has been primarily involved in new growth and expansion and concentrating our efforts to accommodate the volume and time requirements associated with our explosive growth rate. Subsequently, our past public improvements have been relatively uncomplicated as they related to installing new streets and utilities within open land prior to occupancy by our citizenry. However, a street reconstruction program will require a greater amount of planning and programming prior to even beginning the detail design and construction phases. While I recognize the City Council will want to have more discussion and review of the • overall Five Year CIP before formal adoption, the additional planning and programming requirements associated with street reconstruction necessitate an early review of the 1992 portion of the Five Year CIP. The following are the major elements involved with such a program: 8-10 weeks • Preliminary Field Survey/Information Spring/Summer, 1991 • Soil Borings • Pavement Load Rating Testing • Inspection and Evaluation of Existing Infrastructure • Identify and Tabulate Benefitted Area and Assessment Methodology 4-6 weeks • Prepare Preliminary Feasibility Report Summer/Fall, 1991 4 weeks Fall 1991 • Hold Neighborhood Meetings 7-9 weeks, Fall, Prepare Detailed Plans and Specifications 1991/Winter 1992 Page Two 2-4 weeks, Winter 1992 • Obtain Agency Approvals (State Aid, etc.) 2-4 weeks, Winter 1992 • Public Hearings (one or more) 4 weeks, Winter 1992 • Advertise for Competitive Bids Spring/Summer 1992 • Award Contract/Construction Sept. 1992 Final Assessment Hearing By Oct. 15th • Certification to County May, 1993 • Payment Due with Real Estate Taxes While various alternatives are available to this programming schedule, for all practical purposes, each year of the CIP program requires two years of concentrated and coordinated scheduling, design and construction. Attached to this memo is a prioritized list of the street reconstruction/overlay projects identified in the Five Year CIP. You will note that there have been some minor rescheduling from one year to another as compared to the original Five Year CIP previously • distributed to the City Council. A map or overhead will be available at the workshop meeting to geographically summarize the reconstruction program. While I recognize that financing these improvements is an integral part of approving the Five Year CIP, a limited pre-authorization is necessary to investigate the extent of the proposed improvements to more accurately estimate the related costs to both the City and the affected homeowners which is necessary for consideration of final approval of the project itself. Based on previous Council authorization, the staff is presently preparing the feasibility report and detailed plans and specifications for the proposed 1991 improvements as previously authorized by Council action. I would appreciate an opportunity to discuss some alternatives to the public improvement process schedule with the City Council in hopes of making the implementation of the street • reconstruction portion of a Five Year CIP as efficient and effective as possible. Thank you fo our assistance and att tion to this matter. Thomas A. Colbert, Director of Public Works Enclosures • TAC/jf MEMO TO: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS • FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: APRIL 1, 1991 SUBJECT: 5-YEAR STREET CIP Last week Tuesday, Tom Struve, Arnie and myself met to prioritize the proposed street reconstructions identified in their respective years. The results of the priority ranking are as follows: 1991 Ranking Project Name Segment (From - To) 1 Wilderness Run Rd. Capricorn Ct. - Dodd Rd. 2 Eagandale Ctr. Industrial Pk. 3rd & 4th Additions 3 Meadowview Rd. TH 13 - End 1992 Ranking Project Name Segment (From - To) 1 Johnny Cake Ridge Rd. Cliff Rd. - Apple Valley 410 2 Cedar Grove #3 3 Cedar Industrial Pk. 4 Sibley Terminal Industrial Pk. 5 Cedar Grove #6 6 Cedar Grove {5 7 Cedar Grove #4 8 Blackhawk Hills Rd. Ashbury Rd. - End 9 Nicols Rd. TH 13 - Burnsville * Blackhawk Rd. Silver Bell Rd. - TH 13 * Chapel Lane TH 149 - Park * Dodd Rd. Diffley Rd. - Cliff Rd. * McKee Addition * Identified as move to 1994 1993 Ranking Project Name Segment (From - To) 1 Wescott Sq. Yankee Doodle - Mike Collins Dr. 2 Valleyview Plateau 3 Oslund Timberline Additions 4 Beau D'Rue Dr. Silver Bell Rd. - Nicols Rd. 5 Blue Cross Rd. Blackhawk Rd. - Yankee Doodle 6 Woodgate 1st, 2nd & 3rd Addns. 7 Evergreen Pk. Addition • 6 Page 2 • 1993 (Cont'd) Ranking Project Name Segment (From - To) 8 Cedar Grove ##7 & ##8 9 Galaxie Ave. Berkshire Dr. - Apple Valley 10 Kolstad Lane/Timbershore Addn. Crestridge - Denmark Ave. 11 Lone Oak Circle Lone Oak Rd. - End 1994 Ranking Project Name Segment (From - To) 1 Blackhawk Rd. Deerwood Dr. - Silver Bell 2 Blackhawk Rd. Silver Bell Rd. - TH 13 3 Denmark Ave. Wescott Rd. - Duckwood Dr. 4 Dodd Rd. Diffley Rd. - Cliff Rd. 5 McKee Addition 6 Chapel Lane TH 149 - Park 7 S. Hills 1st Addn. 8 Wilderness Run 1st, 2nd, 3rd & • 4th Additions 9 Dunrovin Lane Easter Lane - Carlson Lake Ln. 10 Letendre St. , Heritage Lane & Donald Ave. 11 River Hills 9th Addn. 12 Oak Chase 1st - 6th Additions 13 Ridgeview Acres 14 TH 55 Frontage Rd. TH 149 - TH 55 1995 Ranking Project Name Segment (From - To) 1 Dodd Rd. Wescott Rd. - Diffley 2 Donnywood Addition 3 Effress Addition 4 Thomas Lake Rd. Diffley Rd. - Cliff Rd. 5 Crestridge Lane Denmark - Pilot Knob 6 Old Hwy. 13 Old Sibley Hwy. - End I trust this satisfies your request. If you have any questions or need additional information, please advise. Thank you. Assistant CYty Engineer • MPF/jj cc: Arnie Erhart, Superintendent of Streets/Equipment Tom Struve, Supervisor of Streets 7 MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR • FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: APRIL 5, 1991 SUBJECT: PROJECT 546, FINAL ASSESSMENT HEARING (CEDARVALE BOULEVARD) A Final Assessment Hearing for the above-referenced project has been scheduled for May 7, 1991. This project provided for the overlay, restriping and limited curb and gutter drainage improvements to Cedarvale Boulevard (Old T.H. 13) from Nicols Road to Silverbell Road. During the administration of this project and the preparation of the Final Assessment Roll, there have been some concerns expressed by the representatives of the Cedarvale Shopping Center regarding the amount and method of allocating the special assessments associated with this project. Recognizing that City staff are presently working with representatives of the Cedarvale business district in trying to identify the issues and alternatives available to assist in their economic development, the Public Works Department would like an opportunity to review these special assessment concerns and alternatives with the City Council to determine how • best to propose and present the final assessments associated with this improvement. Attached to this memo is a copy of the draft final assessment roll as prepared in accordance with the original feasibility report approved at the public hearing held on March 7, 1989. In summary, some of the issues raised by the affected property owners are as follows: • Assessments are not being levied against existing businesses on the north side of Cedar View Drive frontage road (Sherwin Williams, U Haul, Crown Auto Store, etc.). • They were not included and noticed under the original public hearing process due to the fact that they presently have a frontage road approved to City standards. Cedarvale Shopping Center feels that they should not be assessed because their frontage road is not improved. • The "panhandle" configuration of the lot owned by the Sinclair Gas Station confers a significant amount of assessable frontage to that parcel due to the fact that the "handle"portion of the lot incorporates a private frontage road which services Ace Hardware, Eagan Tap and Pizza business. • • Page Two • • Because of miscalculations and omissions in the original . pending assessment roll contained in the feasibility report, the final assessment rates have significantly increased. As a result of these issues, I would like to have an opportunity to discuss these concerns with the City Council in addition to the other revenue sources financing this project (State Aid) and this project's relationship to the overall assessment policy regarding assessing for overlay improvements in commercial/industrial areas. Alf j•IA-teef„."4" • omas A. Colbert Director of Public Works Enclosures TAC/jf • 7 FINAL ASSESSMENT SEARING PROJECT NUMBER: 546 ASSESSMENT BEARING DATE: May 7_ 1991 SUBDIVISION/AREA: CEDARVALE BOULEVARD PUBLIC HEARING DATE: MARCH 7. 1989 OVIMENTS INSTALLED AND/OR ASSESSED: Feasibility Report FINAL P.R. FINAL F.R. SANITARY SEVER RATES RATES $TORT! SEVER RATES RATES ❑Trunk ❑ Trunk [:] Laterals ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk ❑ Let. Benefit/ Trunk WATER STREETS CURB AND ❑Trunk © GUTTER $ 15.31/ff $ 5.38/ff ❑Laterals X❑ OVERLAY 18.31/ff 15.06/ff ❑Service ❑ Res . Equiv. ❑Lat . Benefit/ 0 Multi Equiv. Trunk ❑ C/I Equiv. WAC ❑ Trail SERVICES STREET LIGHTS ❑ Water E. San. Sewer ❑ Installation ❑ Energy Charge CONTRACT R OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $ 71,512.73 $353,619.97 88-17 14 10 Yrs. 8 • 57.585.22 F.11. 289,415.00 P.R. COMMENTS: • /t • MEMO TO: DEANNA RIVI, SPECIAL ASSESSMENT CLERK FROM: GERALD R. VOBSCHALL • DATE: MARCH 15, 1991 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 546 The City Council at the conclusion of the public hearing on March 7, 1989, ordered Project 546. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are concrete curb and gutter, bituminous overlay and storm sewer repair on Cedarvale Boulevard and Nicols Road, and the construction of a turn lane on Silver Bell Road at State Highway 13. Construction was completed under Contract 88-17, which was finaled on January 16, 1990. Overhead in the amount of $134,508.04 (46.28%) was added to the.construction costs of $290,624.90 resulting in a total project cost of $425,132.70. The overhead for assessment roll computations will be based on $115,920.65 (39.89%) . Overhead at the lower amount reflects the engineering • fee charged in order to qualify the project for Minnesota State and Turnback funding. The assessment hearing is scheduled for May 7, 1991. The following information was used in the preparation of the assessment roll. I. PROJECT COST Construction 46.28% Improvement Cost Overhead Total Storm Sewer $ 15,305.22 $ 7,083.62 $ 22,388.84 410 Cedai-vale Boulevard 209,325.42 96,880.81 306,206.23 Silver Bell Road 65,994,02 30.543.61 96,537,63 TOTAL ; 290,624.66 S 134.508.04 $ 425.132.70 II , ASSESSMENTS A. Trunk Assessments No trunk area assessments and no lateral benefit from trunk assessments were proposed in the feasibility study. The assessment roll was completed with no lateral benefit from trunk and no trunk area charges being assessed. B. Lateral and Other Assessments 1 . Curb and Gutter Curb and gutter was constructed at a cost of: 1 • // DRAFT Contract pescription Quantity Price Cost B618 concrete curb & gutter 707 LF $7.50/LF $ 5,302.50 Mobilization and Cleanup 156.87 Construction cost $ 5,461.37 Overhead $5,461.37 x .3988 2.178.36 Improvement cost $ 7.639,73 Assessment Rate The assessment rate was computed in the following manner: Improvement Assessable Assessment Cost Frontage Rate $ 7 ,639. 37 498.85 ff $ 15.31/ff 2 . Street Overlay The street overlay was computed in the following manner: Contract Description Quantity Price Cost l�s Bituminous Wear Course (2341) 1836 Ton $ 10.71/ton $19,663.56 Tack Coat 2224 gal. .95/gal 2,112.80 Bituminous for Patching 122 Ton 9.85/Ton 1,201.70 Leveling Course 2616.42/ton 9.61/ton 25,143.80 Crack Grinding 1105 Sq. Yd. 3.00/SY 3,315.00 Bituminous Material for Mixture 245.55 Ton 127.50/ton 31,307.62 Striping 16331 L.F. .18/L.F. 2,939.58 Pavement Message 21 120.00 Ea. 2,520.00. Mobilization & Cleanup 3.141.71 Construction Cost $ 91,345.77 Overhead $ 91,345.77 x .3988 36,434.83 IMPROVEMENT COST ,$127.780.60 • 2 DRAFT Assessment Rate The assessment rate was computed assuming that each side of the improvement was being assessed. The computation is: Improvement Assessable Assessment Cost Footage Rate $ 127,780.60 6,977.10ff $ 18.31/ff C. Assessment Spread The assessments are spread to the abutting parcels. D. Assessment Terms The assessments for this project are to be spread for a term of 10 years at an J P Y annual interest rate of 8€ on the unpaid balance. III. CITY REVENUES/RESPONSIBILITIES Assessment City Improvement Cost Revenue Responsibility Storm Sewer $ 22,388.84 -0- $ 22,388.54 • Cedarvale Boulevard 306,206.23 $ 71,512.73 234,693.50 Silverbell Road Widening 96,537.63 -0- 96.537.63 Total $425,132.70 1=2.1.6112:22 $353,614.97 / The City responsibility for this project shall be borne by the Major Street Fund. Gerald R. Wobschall Reviewed: Public Works Department cc: Thomas A. Colbert, Director of Public Works E.J. VanOverbeke, Director of Finance/City Clerk Jim Sheldon, City Attorney Dated: GRW/j f • 3 /3 DRAFT . -- , t • N .,,,.. ,,,.„, h , ,,.r,i., 11:;,,,,i,,,,,t1?.!Iiii;14419;.--;:l.;w4; i,'III ll MI° . ,a0kr.:.i:1■111;: ,1,0,01'..1:1:111,11,;''' \•\C) tp, •,,.041.0,1,. ,.. ,,,,.9 dir6'w.. \A\Isk { 0 cr i 01111'..,.''' i;!;■.,1 .4i,.'-,'''.1i:1,ii!!',!!',,' 011 :.,11!...4. '■55,,Ii.:Irtili'• '' '''' \) 0 \..1111114!tiiii:ilkl, "k ' '.., .. 0 111", '''' .0'1,4■1?;1,f,' •<\'' . i I, :I, '4,:i ■ , .i.t,!;,..0111:!1111, .:1,,,,,.. ,. ‘5.•r\ex ,,,. .4P. ■,,,, 0* irl 0 .1, .■ \l‘\14‘ -\45() c,"4 .•:,q; - ,,:','.,.!,.'1,;',1:,'''''il.:01'53'.',,,,,,.1,1'N-,,C,!iill,,,,!!,0:1,:1,1:i'ih."ii IIFrr I N..)\., ,.;.-...:.:::i.L.,.!!..::. ii::,..c.),,f0;!,:,:i,11,1...1,,,,,,!. . 1,,N.° • ..9. .:::!1,,,.1,::1:.:i.i•.. 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'',C7',i7,1,611 :■,;.:.1'1.! .1',. ! :;!,....:1.,.;:!1:•,1:!:,:i''..;;;.'..,i1,:!:,,.i.:1,('''., P''' ''''' , 'C',iii'!P::' ",',Iiiii,','.'":::, ';'i,■.'Ai , ,,ii.!';1'." :'''','Ci.„, '';ii;.■'•:''''' '''■•■■!'''''''' •NW ',!''';';'.i•..7.il.*,,S) .0' .:', • '' .;,, . ' •\O„:!' ' . i 1 : A . -s-'-i joill ' - , _I 0 (...) z ALL NOTED PROPERTIES ARE WITHIN NE1/4, S19, T27, R23 Ft., . Drown " y: Drawing Title Comm. No. D.J.H CBM■ Orr Schelen Idayeron & Associates. Inc ASSESSABLE PROPERTY 4212.00 Dote CEDAR VALE BOULEVARD sheet no. NOV. gait Dows • Surveyors • PlanDers act la• Ileao•ple • Illemospolla.KM IMWS e 842-231-11111•0 EAGAN, MINNESOTA 5 1988 111.- iiiikg 0 N . . • . - ..1 : MINNES0111. 14VPi * NO.13 • — ;::. - .: :;., . 41‘e: r...-.::., 0......;:.;.:. 4.\, ...e.:::......:-... ‘3•• • - "4 ee‘1 as ! cist‘ ......:.,../...111:1.:::::::::8:.•:::i" epos**. 0 si■ cs..0,- ,.. .. ::.:.::./::::::::::::::::::::::::::::::::::::::::::::.....: ' _43_ . „....7::.:::::::,:::.:::.::::::.*"7-::::::::::::::::::::::::::::::::::: :: :: ::::::::::■svp 07100-0,10.0 escrow - teeee -----1 SECTION NE19 CEDARVALE BOULEVARD ........ OVER LAy "*". CURB & GUTTER • City of eagan _ approved : standard ..,D PUBLIC 1 . WORKS PROJECT_ __ . 546 Plate #: DEPARTMENT OP DRAFT ............., • O NO ONO p p M pp 0 0 p kn..- W UY N .t N /. 0 0 N 0 O Ns. N O N N . ....1 CO U N• U'• h 0 NO O 1Ir�f f. 0 .- t► CO 4( 2 O P V 0 O O P 10 VS N. CO N 1. N 2 K ot O M N v n. V. V. M sr NO NO .t NO •t P .. • • v C P M N H ` ; v v v v r. 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COLBERT, DIRECTOR OF PUBLIC WORKS DATE: APRIL 5, 1991 SUBJECT: PROJECT 589R,ELRENE AND TRAILS END ROAD RECONSTRUCTION CONSIDERATION OF DESIGN, FINANCING AND ASSESSMENT ALTERNATIVES Since bids for this job were originally received and rejected in November of 1990, the final platting of the Woodlands North and Wescott Square developments resulted in the original scope to this project changing thereby necessitating a revision to the original feasibility report. On April 2nd, the City Council authorized a new public hearing to be held on May 7th to discuss the impact of these revisions to the affected property owners. Concurrent with these developments and proposed public improvements, on September 4, 1990, the final plat for the West Publishing Company 4th Addition was approved. Various conditions of that final plat approval requires West Publishing to dedicate the necessary utility, drainage and ponding easements commonly associated with developing land in the City. Part of those easements entailed the dedication of a six foot trailway easement along the east side of Elrene Road to allow a trailway to be constructed approximately 18 feet • from the street curb section to accommodate a potential urban landscape planting program by the City in the future. In anticipation of having the ponding easements dedicated, the storm sewer system was designed to take into account these storage ponds thereby reducing the size, extent and cost of the storm sewer system. As the City has been proceeding in negotiating with West Publishing for the acquisition of these easements, they have indicated a certain reluctance to their dedication without receiving some credit toward their future assessment obligations for Elrene Road. Condition #3 of the Development Agreement states that West is "obligated for its share of one-half the cost of upgrading Elrene Road". While this was originally intended to imply that West is responsible for one-half the cost, West is interpreting the word "share" to imply a reduction or credit. Paragraph 19 of the Development Agreement states as follows: 19. Future Amendment. The parties mutually recognize the need to identify the extent of Eagan Public Improvement Project No. 589 (Elrene Road) and Project No. 600 (Becker Interchange) and the need as well to identify how much, if any, of the cost of either or both of these projects shall be borne by West based on the benefit received by West and by other property owners in Eagan from these improvements. The parties hereby agree to negotiate and enter into an amendment to this Contract, or any other agreement as reasonably required by the City, to evidence in writing the • 1111 Page Two April 5, 1991 amount, if any, of the Public Improvement Project(s) to be paid by West. These documents shall be executed subsequent to the preparation of the feasibility report for Project 600 but prior to the City Council's award of Project 600, or such other time as the parties may mutually agree. Subsequently, staff needs to receive direction from the City Council as to how the revised preliminary assessment roll should be prepared and how the City can proceed with the acquisition of the easements based on various design alternatives. Attached to this memo is a report from the consulting engineer identifying three different storm sewer alternatives dependent upon the cooperative dedication of the ponding easements from West Publishing. Various cost responsibilities between City Trunk Funds and assessable laterals for each alternative are identified on the graphic for figures #3A,B and C. Also, Figure #2C shows the additional cost savings to the City for the trailway construction by eliminating consideration for future boulevard landscaping. And finally, there are two different assessment method alternatives to be considered based on West's desires which will also impact other affected property owners. • The cost impact to the City and status of easement acquisitions can better be presented and discussed in person at the Special Workshop. / ii .; / - /7" A Thomas A. Colbert Director of Public Works Attachment TAC/jf • I ? • MEMO PROJECT: ELRENE ROAD/TRAILS END ROAD City Project No, 589R, BRA File No. 49504 DATE: March 21, 1991 FROM: Mark Hanson PURPOSE: The purpose of this memo is to present design and assessment issues which need to be resolved to complete the feasibility report. Design issues relate specifically to storm sewer and trail. Assessment issues relate specifically to street assessments for Elrene Road. DESIGN: Storm Sewer - Three Options (A. B. C.) Option A - Acquire pond easement and develop Ponds JP-33.1 and 33.2 as originally proposed and agreed to by West Publishing (See attached figure).3A • Option B - Acquire pond easement and develop Pond JP-33.1 only. Design for Pond JP-33.1 includes only the undeveloped area directly tributary to it from West Publishing and portions of Woodlands North, Wescott Square and Elrene/Trails End Road. Water Quality requirements for Pond JP-33.1 includes the developed portions of Woodlands North and Wescott Square. Pond JP-33.1 will have to be expanded in the future when West Publishing develops further. (See attached figure)443 6 Option C - Provide no ponding on West Publishing. Storm sewer constructed in Elrene Road will be directed to Pond JP- 14. The existing storm sewer in Great Oaks Lane will have to be upgraded to a 48" or a parallel 30" storm sewer will have to be constructed adjacent to the existing 36". Pond JP-33.1 will be developed when West Publishing develops in the future and designed to serve only West Publishing. (See attached figure).* 3 G Trail - Two options (A, B) (See attached figure).4.2 t✓ • Option A - Acquire 6' trail easement from West Publishing and construct trail providing for 18' wide boulevard. Slope easement or retaining walls will be required beyond trail. ao • Option B - Construct trail in existing right-of-way (R.O.W.) providing for a 13' wide boulevard. Slope easements or retaining walls will be required beyond trail. ASSESSMENT: Street Elrene Road - Two Options (A, B) Option A - Assess total project cost for Elrene Road to abutting property as proposed at initial public hearing. X; 0 a A—A Estimated Project Cost - $484,860 Assessable Footage - 6,213.47 F.F. Rate = $78.03/F.F. City's Cost = 0 Option B - Assess abutting property in accordance with present zoning and platting. (See attached figure) it 2 4-6 Estimated Project Cost - $484,860 Assessable Footage - 1,905 F.F. Residential Rate = $46.04/F.F. • Full Rate = $78.03/F.F. Assessed Am 3,023 ity s Cost = $361,837 • • 29 4' 22 GOPHER EAGAN IND(,STRIAL rAnn OUTLOT`G 0 30 2 23 OUTLOT I OUTLOT H n 0 31 v 24 YANKEE XI\ODL.\ E ROAD _ 0 P8 1D TA 012-26 4 6 ` � W �� 0_ 013-01 OUTLOT C OUTLOT D 15 16 ■ ,, �Ii. NcC- OUTLOT G �' ���'��� 012-26 r 2 1 D POND JP-33,2 .ice: - sygli •1LS END RD _ NWL=876 ��� �. cj1"t--- HWL=880.6, 4.2 Ac.CC V <<__,� ., STORAGE VOL=15.0 Ac.Ft 011-02 -ir____ , Mill `� ! WET VOLUME=9.4 Ac.Ft. Q '- C,,Whill, IIALti 2" W 2 t POND JP-33A � � s��� � NWL=870.3 014-02 . r n0 HWL=875.5, Q 2.4 Ac. �w t" ' l '1 WET VOLUMEI=3 6 Ac.Ftt tittivVVIII. i MP— .t 0 p OUTLOT E 2 Ex. 5' GAS '� EXCEPTION Ex. 12 GAS `�G -- o LATERAL ASSESSMENT ' As 1 0 AREA = 35.5 Ac. 12" Q�0 OUTLOT 8 '\)' c.; 4 v,W a>. ®l 0, ,c, P� " �� 0 400 Si OJ� pp\4p( i 2 34814 In test ec ,p0� o O 4= 041-03 0�3 S -56 POND JP-16 POND JP-14 S\ 1� Ex• NWL=875 042-03 NWL=831 \~�-. T • HWL=879 3 2 "1. OPTION "A" Ex. 8"� PROJECT COST 1 '4 0 iL. Gp� ,�o� 4� TRUNK $127,880 R ® ,�P Q LATERAL $193,570 3 t.,. TOTAL $321,450 i 2 OUTLOT A WIN REE ADO , WI1 61)6 LATERAL ASSESSMENT RATE = $ .125 per Sq. Ft. 6 1 2 3"' 5 7 STORM SEWER P. l Bonestroo • Roaene • EAGAN, MINNESOTA FIGURE NO. 3 A Anderlik d Associates ELRENE ROAD\TRAILS END ROAD ^ Engineers & Architects l� 2335 t. ew.i V'.Nwy36 49\49504\49544ROA.OWG 15 MARCH 1991 COMM. 49504 `�/�[ St pain, I/im�wta 55119 I Lb ci 11 29 Li Z 22 GOPHER EAGAN 1NOLSTR/AL PARK 2ND ADD 0 30 23 OUTLOT I OUTLOT H OUTLOT G o } 31 vo 24 _ YANKEE DOODLE ROAD ; 0 p.,,0 6 7 sl .8 filh V cr% c Z O'/ 013-01 1 OUTLOT C OUTLOT 0 t 5 16 �1■ p Q GO 11 G OUTLOT G IF 17 2 �DD�t•1 •: 0,2-26 213 14 . .".- !41∎00 - ./LS END RD 1 MiPOWAl • 011-02 ;"o O l �'� .W. 7" W 2 04417 f� POND JP-33.1 NWL=870 014-02 rr HWL=872, 1.6 Ac. "�� Alkhl■ STOR AGE VOL=2.3 Ac.Ft.lP�. WET VOLUME=0.73 Ac.Ft�/` Ppp OUTLOT E 2 EXCEPTIO ". 4� Ex. 6- GAS •� l ' Ex. 12` GAS -- G o LATERAL AS'ESSMENT ����\� N 1 1 " Q�� OUTLOT B 0 ��AREA = 35.• A � 12 � W s�,o� 0 �p� _L \ #J ���O1 p�j o _;QOM 0 p- p� 411.° \2" sm. ha.c Ct 041-03 4, 400 �I 6 4111. 3 Ohs 5 \ 6' POND JP-16 16 POND JP-14 I �� 4, , \,,,,. NWL=875 H31 ~ T 4AK' HWL=879 042-03 WL=8 3 2 -I- fl OPTION B" I Ex. 18" �/ •PROJECT COST I 4 0' 1 O� 4- TRUNK $ 79,970 Rr 1 CD .0 col' QP LATERAL $226,490 3 ....� I 2 OUTLOT A TOTAL $306,460 I WIN* REE ADD !gni' 5 0 6 LATERAL - RAL ASSESSMENT RATE - $ .146 per Sq. Ft. 6 5 7 1 2 30 STORM SEWER °" Bonestroo Rosene • EAGAN, MINNESOTA FIGURE NO. 3 13 Anderiik d Associates ELRENE ROAD\TRAILS END ROAD Engineer, a Architects �3 2335 West Minnesota 51 49\49504\49504ROB.DWG }5 MARCH 1991 COMM. 49504 St. Pact, t►�imswta ssit3 29 Li 22 GOPHER IN o 30 23 OUTLOT I OUTLOT EAGAN H OUTLOT G o 31 LI 24 YANKEE DC1ODLE ROAD 4, 4 s 2 P8V 1 �N 012-26 . ti Li 2 O_ 013-01 OUTLOT C OUTLOT D 1-5-71-; flin■ FilliD NOG OUTLOT G G 17 2 1 ©v�'��v►Q 012-26 213 14 =_ , :.: r11�=t1' .. - •1LS END RD .■acs _�,;k I 011-02 1-"Z �� a W 4 ip 7 6 try ✓ 014-02 1"1.. V OC iltilti WA.`* ;• 4O Q OUTLOT E Ex. 6" GAS b,"\'\2 EXCEPTION' Ex. 12" GAS G .c LATERAL ASSESSMENT \��� N 1 o AREA = 35.5 Ac. \ , 2" QJ�� OUTLOT B 3 W Fs�o�- ® o �p�� �6.`' N 0\ a 5 a ,ao Sial '�•) OJ�� D``O 6i , `. 2n soot b At 041-03 F2 0�0 3 AP S r .1530'. ,�• ` -56 POND JP-16 POND JP-14 tt �•-� EX NWL=875 042-03 NWL=831 -- _ GR •T •AK HWL=879 HWL=850 <<‘...i. 4 3 2 r..-�7 6 c 4.- I Ex. 18" OPTION >" C" 1 4 0 _ • - 1 : ok �o+ �� PROJECT COST R� 3 �,�.• 1 3. ���G co 4- Qt TRUNK 1 LATERAL $379,640 OUTLOT A TOTAL $379,640 WIN& REE ADD WW1,b' s LATERAL ASSESSMENT RATE $ .245 per Sq. Ft. s 5 7 1 2 STORM SEWER 7.11.r..1.--- ti Bonestroo Rosene • EAGAN, MINNESOTA FIGURE NO. 3 C, Anderlik d► Associates ELRENE ROAD\TRAILS END ROAD enph►..r, a Archlt cts 2935 West Highway 36 49\49504\49504R0C.DWG 15 MARCH 1991 COMM. 49504 C;72-V St. Paul. 14lnn.eota 55113 OPTION "A" 0 AQUIRE 6' TRAIL EASEMENT(18,600Sq.Ft.) Ex. PE 6' ROW 40, 2' 8 18' 18' ----------======\ 2" BIT. WALK w/6" AGG. BASE SLOPE EASEMENT 53,500 Sq.Ft. OR RETAINING WALL 2,150 Sq.Ft. ® $32,250 OPTION " B" • Ex. ROW 40' '"t' 1 ' 8' 13' 18' K2" BIT. WALK w/6" AGG. BASE NO TRAIL EASEMENT SLOPE EASEMENT 43,500 Sq.Ft. OR RETAINING WALL 700 Sq.Ft. ® $10,500 TRAILS ta Bonestroo Rosene in • EAGAN, MINNESOTA FIGURE NO. 2C A Aociatenderiik d ss s ELRENE ROAD\TRAILS END ROAD Engineers a Architects 233,5 West Highway 36 49\49504\49504F0D.DWG 15 MARCH 1991 COMM. 49504 c7,70..E. St. Paul, Minnesota 55113 I 29 Y 22 GOPHER EAGAN INDUSTRIAL PAKK tn;u Hum o 30 J 23 OUTLOT I OUTLOT H OUTLOT G D o 31 v 24 YANKEE DOODLE ROAD ._ 1 LI O 6 �N . 44' CONCFC&G4 012- W IS, O 013-01 � OUTLOT C OUTLOT D 15 1 �a® 0 .4 / 18 lk. OG - 4� fl OUTLOT G CONC. C&G 5 16 17 2 1 , �0 �� 1 2 4' F-F 8624 012-: 1213k ■ 5 ���' • TAILS END Rid y CONC. C&G t. ----11 I--v---' d- 1.111 Illiii 7 011-02 O 32' F-F 8618 m�i i Ct CONC. C&G � .• Z CJ 2 �,,� °� 36 F-F 8624 lu 1 � ',/ CONC. C&G 14— v �� 0 02 . lt; C , OUTL(i -. P i3. Ex. 6" GAS '(\` f \ EXCEPTION _ Ex. 12" GAS G - 1 0 CJ 2 ,,, 0�\5 N R QJ OUTLOT B CZ 03 W sc"° ® o�'\'°� ,\0\- #' fit, CS I 9�4 pC� © yM� soon. In I.w CI V 0 041-03 ��!° 4000 a LEGEND 3 s a TTIr1T1E .T sAK' 042-03 . 3 2 w OUTLOT A - 5 6 �® 1 4 611 0� O fd° �' OP = ,. P GO �P Q•. a R 1 ®7 r i 5 8 11 t7 16 .O 1 3 W �� OUTLOT A 1 WINS REE ADD �`' ' �- 6 OPTION WA. L 7 6 5 4 � 7L. 7 1 2 ; STREET ASSESSMENT LENGTHS E CONC. C&G 9624 ■ )'‘DI F .'n 6onestroo d Rosene • EAGAN, MINNESOTA FIGURE NO. 2A-A A b Asssocisoci k ates ELRENE ROAD\TRAILS END ROAD E I ngineers a Arer,;e.ct. /'� 2335 west H;phwy 3Q 49\49504\49504HBR.DWG 15 MARCH 1991 COMM. 49504 _ /6 St Paul, Minnesota 55113 29 W = 22 GOPHER INDL STRL4L PARK 2ND AUU i . Y OUTLOT I OUTLOT LAGAN H o 30 23 OUTLOT G J O 31 () 24 YANKEE DOODLE ROAD --- --- --- ---- --- _ — --- -- 4 0 6 P8 1 ----44' F-F 6624 012-26 LA Li CONC. C&G at 0 013-01 OUTLOT C OUTLOT D 15 16 p v, GQ 18 1`•' O VP F '►`^- IS' F-F AFi24 .� OUTLOT G CONC. C&G 5 6 17 2 I i i �VA.l�1 --*4' F-F 8624 012-26 1213 14 ' 'mikAu T?AILSJEND RD- CONC. C&G K' ill i d 1 i0 011-02 32' F-F 8618 wit��w��1 DCONC. C&G � j-i / t it C� f. , 36' F-F 8624 W 1 2 , CONC. C&G 0 1. � _ O . 014 02 -.1 D P Cl OUTLOT•EXCEPTION Ex. 112"G AS t�� G 1 R 2 s- `�'' J \�� N Q OUTLOT B i W �FSco 0 J,�oc ° 0��� � ��,5� �, o m iamesimesajoo 041-03 ��o boo �0 LEGEND 3 mss' seaudnumm RESIDENTIAL RATE 14 gi 6asi FULL RATE 042-03 •7 OAK 3 2 OUTLOT A ?; 5 6 ® I 100 7 I 4 O f.ci o ' O. �0k �0? P�� R 6 12 �i. 8 r 1 0 ,G, GP Q 5 8 1 1 ,7 J-.05.9"/1 3 1�'v 16 AIL OUTLOT A I WIN* REE ADD I� - 07 OPTION 6' 6 5 ��j � zu 2 3D STREET ASSESSMENT LENGTHS E CONC. C&G 4 R• e:: 00 Rne a Anderi(k � • EAGAN, MINNESOTA FIGURE NO. 2A- t3 Associates ELRENE ROAD TRAILS \ END ROAD E►+o+n••r. 6 Architects 49\49504\49504H8R.DWG 15 MARCH 1991 COMM. 49504 a 2335 West ymer:4a 51 St. Pain A1ltvw�ota 55113 MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS • DATE: APRIL 5, 1991 SUBJECT: VCR VIDEO-DURABILITY OF LOCAL STREETS Recently,the City received a video from the Minnesota Department of Transportation which is approximately 16 minutes long. This video is narrated by Mike Fairbourne of WCCO, Channel 4, who does an excellent job in describing the basic factors involved in local street construction and the adverse affect that weather and excessive loads have on the expected life of that street. It also discusses the benefits associated with preventative structural overlays similar to the one the City is proposing within the Eagandale Center Industrial Park #3 under Project 608. While the topic may seem technical and dry, it is presented in a very pleasant and interesting manner in such a way that I feel the City Council would be well informed by viewing this tape. If at all possible, it would be nice to have them collectively review this during the Special Workshop of April 9th as "entertainment" while they share their box dinner prior to the meeting. If the Agenda does not lend itself to this suggestion, a copy is available for their private viewing at their leisure which could then be circulated between the Council members. Please let me know what is the best means of sharing this information in helping the • Council to become better informed in anticipation of our future Reconstruction/Overlay Capital Improvement Program. Thomas A. Colbert Director of Public Works TAC/jf • • �8 • Minnesota Communities with Ordinances to Restrict Cigarette Machines Total Bans on Vending Machine Sales • Population covered by these ordinances: Approx. 413,620 About 109E of state population. I. White Bear Lake 9. Brooklyn Center 2. Chanhassen 10. Coon Rapids 3. Kenyon 11. Richfield 4. Northfield 12. Cokato 5. Bloomington 13. Brooklyn Park 6. St. Louis Park 14.Waconia 7. St. Cloud 15. Owatonna 8. Milaca 16.*Orono 17. Golden Valley Partial Restrictions on Cigarette Vending Machines Sales Population covered by these ordinances: Approx. 907,150 About 22% of state population 1. Big Lake 11. Anoka 2. Blaine 12. Cannon Falls 3. New Brighton 13. Hutchinson . 4. Deer River 14. Champlin S. Redwood Falls 15. Jackson 6. Shoreview 16. Preston 7. Minneapolis 17. Red Wing 8. St. Paul 18. Excelsior 9. Duluth 19. Worthington 10.West St. Paul 20. Kasson Other Cities with Ordinances under Consideration Population covered by these ordinances: Approx. 128,570 About 3% of state population 1. Faribault 5. Monticello 2. North St. Paul 6. New Ulm 3. Mora 7. Rochester 4. Austin 44 Communities,representing 1.4 million residents and 35% of the population. halve already taken action or are considering action to restrict cigarette machines. • a � Regulatory options open to communities who wish to control children's • access to tobacco. 1. Vending machine regulations,ranging from total bans on sales of tobacco from vending machines to other less restrictive measures. Please refer to the page dealing with vending machine options. 2. Restrictions on the method of over-the-counter sales. Since shop lifting is a method of acquiring cigarettes used by some youngsters,some cities are considering ordinances requiring that cigarettes be stored behind a counter,not sold as a self-service item. Of course cartons are also stolen,but single packs are likely to be the target of inexperienced shoplifters like children. Tobacco companies will supply over-head racks to vendors who wish to have behind-the-counter displays rather than aisle displays. Although many stores are voluntarily selling from behind the counter,others object to the proposed restrictions because of a fear of loss of revenue from tobacco companies. Tobacco companies (as well as others)pay grocery stores for prominent display space(called slotting). Since grocery stores operate on very low profit margins,extra income from slotting can be a significant part of the profit picture. Some retailers have indicated that the income from slotting is about offset by the loss from shoplifting. Advertising space might substitute for display space for stores who wish to maintain their lucrative slotting contracts but avoid the shoplifting. Model language: Version 1 • - The City Council of XYZ finds and declares that: The Surgeon General has determined that cigarette smoking is dangerous to human health; • The National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent illicit drug use; It is in the best interests of the children of this community to protect them from becoming addicted to a life-threatening drug; Open display makes tobacco products easier to shoplift and therefore more accessible to persons under age eighteen (18). The enactment of this ordinance directly pertains to and is in furtherance of the health,safety,and general welfare of the residents of the City,particularly those residents under eighteen(18)years of age. Definitions. • For purposes of this ordinance the following words and phrases shall have the meanings ascribed to them in this section: Tobacco Products means any substance containing tobacco leaf,including but not limited to,cigarettes, cigars,pipe tobacco,snuff,chewing tobacco,and cigarette papers or wrappers. Self-service Merchandising means open display of tobacco products that the public has access to without the intervention of an employee Self-Service Merchandising:Prohibited sales. It shall be unlawful for any person to offer for sale any tobacco product by means of self-service merchandising. 41 Penalties: • Suggested penalties should be consistent with other city ordinances and could include temporary suspension of license to sell cigarettes,forfeiture of bond,civil penalty,or community service Version 2 An alternative to the above ordinance could be: (Insert definition in language above.) Definitions: Individually Packaged means any package containing only one individually wrapped item. Included are single packs of cigarettes,single bags of tobacco for rolling,individual cans of tobacco for chewing or sniffing. Not included are cartons containing two or more individually packaged packs of cigarettes or similar packages containing multiple cans or containers of tobacco suitable for smoking,chewing,or sniffing. It shall be unlawful for any person to offer for sale any individually packaged tobacco product by means of self-service merchandising. The rationale for this alternative is that children are more likely to steal single packs of cigarettes. Also some retailers may find that storage required for behind the counter carton sales is difficult to arrange. 3. License required for the sale of tobacco products. This gives the city an additional measure of control over vendors who fail to obey age of sale laws. Most Minnesota cities do require tobacco licenses but few specify the procedure for loss of license and the consequences of sales of tobacco to • minors on that license. Model ordinance De.nthons: Tobacco-reii.ate.'product means cigarettes,cigars;cheroots;stogies;perique;granulated,plug cut crimp cut, ready-rubbed,and other smoking tobacco;snuff;snuff flour;cavendish;plug and twist tobacco;fine cut and other chewing tobaccos;shorts;refuse scrips,clippings,cuttings,and sweepings of tobacco;and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing,sniffing,or smoking in a pipe, rolling paper or other tobacco-related devices. Tobacco-related product sales. No person shall keep for retail sales,or sell at retail arty tobacco-related product any place in the city without a license. A separate license is required for each location. • Conditions of license A license shall be issued only to an adult of good moral character. No license shall be issued to art applicant for sale of tobacco-related products at any place other than his/her established place of business. No license shall be issued for the sale of tobacco-related products at a movable place of business; nor shall arty license be issued for the sale of tobacco-related products at more than one place of business. A license holder may purchase more than one license. No person shall sell,furnish,or give away any tobacco-related product to any person below the age of 18 years. Fem. The license fee shall be 51001 per calendar year or part thereof with all tobacco-related product licenses • being renewed annually on April 1. 3 License revocation. (version 1) A licensee's authority to sell cigarettes at a specific location must be suspended by the city manager for 30 days if the licensee is found at that location to have sold cigarettes to a person under the age of 18 years. A six-month suspension shall be imposed for a second violation at the same location occurring within a 12-month period. License revocation. (version 2) A licensee's authority to sell cigarettes at a specific location may be suspended,denied or not renewed If the licensee is found to have sold cigarettes to a person under the age of 18 years at that address. In the case of a suspension,there shall be no license fee refund. License inspection License inspectors or persons as designated by the City Manager shall conduct periodic inspections of all tobacco related product license holders. These inspections may include but shall not be limited to surveillance including minors under the age of 18 who attempt to purchase tobacco products. The inspector shall issue a license violation citation to any establishment which furnishes tobacco to a minor. License revocation may be instituted following the issuance of a citation or criminal conviction of any officer,director, manager, or other agent or employee of any licensee. Any sale by officer,director, manager, or other agent or employee of any licensee shall be deemed and held to be the act or omission of the licensee. The licensee shall be punishable in the same manner as if the licensee personally commit- ted the act or omission. Appeal Notice. If the City Manager suspends or revokes a license, the Manager shall send to the licensee,by certified mail,return receipt requested,written notice of the action,and the right to appeal. The aggrieved party may appeal the decision of the City Manager within ten (10)days of receiving notice of the City's action. The filing of an appeal stays the action of the City Manager in suspending or revoking a license until the 4110 City Council makes a final decision. Procedure. The City Council may appoint a committee of the Council or an independent hearing officer to hear the matter, report findings of fact and a recommendation for disposition to the Council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing,the City Council shall make a final decision. • The license fee should be set to cover all expenses incurred by the city related to the licensing process and any enforcement expenses. Typically these fees have been set so low (often less than$25) that it is not possible for cities to carry on any enforcement activities without additional uncovered expenses. 4. An alternative to requiring only over-the-counter sales is to provide an incentive to sell over-the- counter. Cities may also wish to provide an incentive to vendors to provide proper training to employees on age- of-sale law,refusal skills,etc. In alcohol regulations this incentive is provided through the licensing process. The license fee could be set at a relatively high level. Any vendor who demonstrates proper evidence that all employees receive training and/or any vendor who sells only over-the-counter could receive a substantial discount on their license fee. The justification of the fee differential would be that additional law enforcement would be required to monitor and prohibit abuses in cases where sales staff are untrained and where there is little barrier to shoplifting. S Model Ordinance Definitions Tobacco-related product means cigarettes,cigars;cheroots;stogies;perique;granulated,plug cut crimp cut,ready-rubbed,and other smoking tobacco;snuff;snuff flour;Cavendish;plug and twist tobacco;fine cut and other chewing tobaccos;shorts;refuse scrips,clippings,cuttings,and sweepings of tobacco;and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing,sniffing,or smoking in a pipe,rolling paper or other tobacco-related devices. Self-service Merchandising means open display of tobacco products that the public has access to without the intervention of an employee. Individually Packaged means any package containing only one individually wrapped item. Included are single packs of cigarettes,single bags of tobacco for rolling,individual cans of tobacco for chewing or sniffing. Not included are cartons containing two or more individually packaged packs of cigarettes or similar packages containing multiple cans or containers of tobacco suitable for smoking,chewing,or sniffing. Customer-assisted means only a store employee has access to the tobacco product and assists the cus- tomer by supplying the product. The customer does not take posession of the product until it is pur- chased. Tobacco-related product sales. No person shall keep for retail sales,or sell at retail any tobacco-related product any place in the city without a license. A separate license is required for each location. Conditions of license A license shall be issued only to in adult of good moral character. No license shall be issued to an S applicant for sale of tobacco-related products at any place other than his/her established place of business. No license shall be issued for the sale of tobacco-related products at a movable place of business; nor shall any license be issued for the sale of tobacco-related products at more than one place of business. A license holder may purchase more than one license. No person shall sell,furnish,or give away any tobacco-related product to any person below the age of 18 years. Fees. The license fee shall be $500 per calendar year or part thereof with all tobacco-related product licenses being renewed annually on April 1. Any license holder who has only customer-assisted tobacco sales and no self-service merchandising shall be eligible for a discount of$250. Any license holder who provides individually packaged items through customer-assisted service but has self-service merchan- dising of carton products shall be elibible for a discount of$100. Any vendor who demonstrates that all employees who sell tobacco products have been trained regarding legal requirements related to tobacco sales and maintains records of employee training shall be eligible to receive a discount of$150. License revocation.(version 2) A licensee's authority to sell cigarettes at a specific location must be suspended by the city manager for 30 days if the licensee is found at that location to have sold cigarettes to a person under the age of 18 years. A six-month suspension shall be imposed for a second violation at the same location occurring within a 12-month period. License revocation. (version 2) A licensee's authority to sell cigarettes at a specific location may be suspended,denied or not renewed if the licensee is found to have sold cigarettes to a person under the age of 18 years at that address. In the case of a suspension, there shall be no license fee refund. S License inspection • License inspectors or persons as designated by the City Manager shall conduct periodic inspections of all tobacco related products license holders. These inspections may include but shall not be limited to surveillance including minors under the age of 18 who attempt to purchase tobacco products. The inspector shall issue a license violation citation to any establishment which furnishes tobacco to a minor. License revocation may be instituted following the issuance of a citation or criminal conviction of any officer,director,manager,or other agent or employee of any licensee. Any sale by officer,director, manager,or other agent or employee of any licensee shall be deemed and held to be the act or omission of the licensee. The licensee shall be punishable in the same manner as if the licensee personally commit- ted the act or omission. Appeal Notice. If the City Manager suspends or revokes a license,the Manager shall send to the licensee,by certified mail,return receipt requested,written notice of the action,and the right to appeal. The aggrieved party may appeal the decision of the City Manager within ten (10)days of receiving notice of the City's action. The filing of an appeal stays the action of the City Manager in suspending or revoking a license until the City Council makes a final decision. Procedure. The City Council may appoint a committee of the Council or an independent hearing officer to hear the matter, report findings of fact and a recommendation for disposition to the Council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the City Council shall make a final decision. 5. Prohibition against minors using false identification to purchase alcohol and tobacco. This ordinance is designed to provide some protection to a vendor who makes a good faith effort to restrict sales of controlled substances to children. Model ordinance: Use of false identification by minors prohibited. No person under the age of 18 years shall purchase tobacco or tobacco related devices,as those terms are defined by Minn.Stat.sec 609.685,subds. 1 (a) and 1 (b),using a drivers license,a Minnesota identification card,or other form of identification,which is false,fictitious,altered or counterfeited as to age or any other material fact of identification. A person convicted of violating this ordinance is guilty of a petty misdemeanor. 6. Require a surety bond of all tobacco license holders. This bond could replace or be in addition to the license fee. The posting of a bond should increase compliance of vendors with the age of sale laws. Model ordinance: No tobacco-related product license may be issued or maintained or renewed unless the applicant has filed a bond of a surety company, licensed to do business in the State of Minnesota,in the sum of $3,000", with the City Clerk,said bond to be conditioned upon the licensee's compliance with all the provision of Section of the City Code and Section 609.685 of the Minnesota Statutes,and upon a conviction of a licensee,his or her employee or agent of a violation of any of the provision of Section • XYZ of the City Code and Section 609.685 of the Minnesota Statutes,the bond filed,pursuant to this Section shall thereupon be forfeited to the City and the City,through its City Attorney,may institute a suit upon such bond in the name of the City for the entire amount of that bond and costs. Such a suit upon the bond shall be in addition to any criminal penalties provided by law. For more information contact ANSR at 1421 Park Avenue S..,ldinneapolis, MN 55404; 6121339.1902. Permission to reprint articles with credit to ANSR granted. 341 Cigarette Machine Regulation Options i Total ban The easiest option in terms of enforcement. This approach was first taken by White Bear Lake. Total bans have been adopted by numerous Minnesota cities including Bloomington,St.Cloud,St.Louis Park, Milaca,Brooklyn Center,and Owatonna. Arguments favoring this option include:ease of enforcement, fairness (ie. all machines are treated the same way)and symbolic impact(Tobacco is an illegal drug to those under 18. Selling it from a vending machine fails to give a clear message that it is a dangerous drug.)This option clearly diminishes the possibility of children accessing tobacco without dealing with a clerk who is responsible for the sale. Partial ban Partial bans have taken several forms. The most common is prohibiting machine sales except in work places (where the public does not normally have access.) In most communities this eliminates most machines. The down side of this option is that in University of Minnesota research,children from 12 to 15 easily purchased tobacco from vending machines in work places unless there was a security guard posted at the entrance of the building. Also, many children under 18 are employed part-time in work places not frequented by the general public. In these cases the child-worker would have unlimited access to the machine located in the company. A partial ban proposed in several cities prohibits vending machines sales of tobacco in all public places except bars and liquor stores. The argument is made that since.children are either not allowed in these places or do not normally frequent them, this is an unlikely place for children to purchase cigarettes. Informal research in several communities (Bloomington, St. Paul, Ramsey,St. Cloud,Minneapolis,Brooklyn Center and others) found that children had little difficulty entering bars and liquor stores and making purchases. Often bartenders were helpful, giving directions to machines,assisting with balky machines even providing correct change. This informal research was verified by formal-research conducted by Dr.Jean Forster of the U. of M. Further,although it is illegal for a child to enter a liquor establishment to purchase alcohol, it is not illegal for a child to be in an establishment which has a liquor license. In fact,many cigarette machines are located in "family restaurants" which have a Iiquor license. Many hotels have liquor licenses. Exempting liquor license holders would therefore exempt many hotels,another easy target for young smokers. Another problem with this option is that it may create legal and enforcement prob- lems. Legal problems are created in that artificial classes of merchants are created. Merchants treated differently (and they may feel more harshly)could have a basis for suit because of"discriminatory" provisions. Enforcement problems are created because judgment calls may be required by those at- tempting to enforce the law and judgment calls may complicate any legal consequences for failure to comply. Partial ban with locking devices This option is based on the theory that while some locations can not be feasibly monitored and therefore some machines should be removed,other locations can be monitored so a less restrictive control such as locking devices would be sufficient to control children's access to tobacco in those areas. This is an option favored by the tobacco/vending industries. Please see the attached sheet on locking devices. The same legal and enforcement problems exist with this option as with the partial ban. • Locking devices on all machines . This option has the advantage of treating all vendors the same,therefore avoiding the legal problems present in the partial bans. This is the option selected by the City of St.Paul (effective date July 1,1990). Prior to the St. Paul ordinance there has been only one large scale test of the use of locking devices on tobacco vending machines and that test was found to be ineffective in controlling children's access to tobacco.This option must be viewed as costly and experimental. Since industry would be asked to install locking devices which might be found to be inadequate,instituting more effective control at a later point may be less palatable.Please see the attached sheet on locking devices. Move machines to locations within full view of a responsible person. This is the least burdensome and least effective control mechanism. In both formal and informal re- search,location of the vending machine or presence of a person in charge had no demonstrated impact on ease of children's tobacco purchases from those machines. In many situations"responsible adults" assisted children in operating balky machines,furnished change,etc. In one municipal liquor store the clerk was asked,after a child made a purchase,why he did not rheck her identification. He indicated he was not aware it was necessary to check ID when the purchase made from a machine. Even after written police notifications were sent to vending machines operators in one city,the purchase success rate by under-aged buyers remained at 80%. • For more information contact ANSR at 1421 Park Avenue S., Minneapolis, MN 55004; 612339.1902 Permission to reprint articles with credit to ANSR granted. • 36 Following is a vending machine ordinance modelled after the ordinance • passed by Bloomington. Purpose The City Council finds that substantial scientific evidence exists that the use of tobacco products causes cancer,heart disease,and various other medical disorders. The City Council adopts the conclusions of the Director of the National Institute on Drug Abuse that the majority of the three hundred twenty thousand (320,000)Americans who die each year from cigarette smoking become addicted to nicotine as adolescents before the age of legal consent and that cigarette smoking precedes and may be predictive of adolescent illicit drug use. It is the further finding of the City Council that the present legislative scheme of prohibiting sales of tobacco products to persons under the age of eighteen (18) has proven ineffective in preventing such persons from using tobacco products. The City Council has concluded that minors have ready access to vending machines selling tobacco products and that the prohibition of the sale or dispensing of tobacco products through vending machines will thereby promote the health safety and welfare of the residents of the City,particularly those residents under eighteen(18)years of age. Definitions Tobaccc Products-any substance containing tobacco leaf,including,but not limited to cigarettes,cigars,pipe tobacco, snuff, chewing tobacco or dipping tobacco Vending Machine-any mechanical,electric or electronic device which,upon insertion of money, tokens or any other form of payment,dispenses tobacco products. Prohibited Sales • No person shall sell,offer for sale,give away or deliver any tobacco product to any person under the age of eighteen (IS)years. No person shall sell or dispense any tobacco product through the use of a vending machine. Penalty Violation of any provision of this Division shall be a misdemeanor. White Bear Lake ordinance Cigarettes; Prohibited Sales. No person shall sell or give sway any cigarette or any tobacco product, cigarette paper or cigarette wrapper to any person under the age of eighteen(18)years. No person shall sell or dispense any cigarette or tobacco product, cigarette paper or cigarette wrapper through the use of a vending machine. No person shall keep for sale,sell or dispose of any cigarette or tobacco product containing opium, morphine,jimson weed,bella donna,strychnia,cocaine,marijuana or any other deleterious or poisonous drug except nicotine. This information sheet has been prepared by the Association for Nonsmokers-Minnesota(ANSR), 1427 Park Avenue,Minneapolis,MN 55404. Call(612)339-7902 for additional information. • 37 Page 12/EAGAN CITY COUNCIL MINUTES IIIDecember 18, 1990 2. The City, the •NR, and RHC Associates shall enter into a restricti environmental covenant agreement sho .d the impervious surface of Lot 1, Block 1, C'' Lake Center 2nd Addition exceed 42.017 pe -nt. 3. On-site parking st. L shall be approved as per the plan •,,ted December 7, 1990. 4. Drive-thru lanes shall . approved per the site pl. . • .ted December 7, 1990. 5. A maximum of five drive- , lanes, including Ai e ATM lane, shall be allowed. 6. All trash and recycling contain- s shall be ored inside or outside in a trash enclosure attached to the building and made out o the . - materials as the main building. 7. Lift top mechanical equipment sh. ■ not be visible from the street. 8. All signage shall meet sign .• regul. ions and be subject to the one time sign fee of $2.50 per square foot. 9. The site shall be allowe• one monument si... Councilmember Gustafson • hed to make a comment regarding"shoe horning". The Councilmember said he was familiar with this dev- .pment and while it was smalle his only concern would be with other new developments wishing to be pla -d in a small area. Mayor Egan . • it was important to understand that the • changes had substantially red.ced the intensity of the development. e said there has been a reduction in impervious surface, drive-t, lanes, and he was far less concerned than • en the item was before the Advisory Planning Commission. Gustafson m' ed, Egan seconded a motion to approve a conditional e permit to allow a bank with drive-thru tellers I ted along Cliff Lake Drive in the southwest quarter of Se. on 29. Aye: 5 Nay: 0 (Duffing the City Council break after the conclusion of Old Business, a petitio, was received from the residents the Donnywood neighborhood regarding their agreement with a Comp -hensive Guide Plan Amendiuent for Area D of the Multifamily Residential Study. It was not formally presented during the discus2slon of this item at the meeting.) NEW SINESS ....................................... 1991 CIGARETTE LICENSE RENEWALS After introduction by Mayor Egan,City Administrator Hedges said this item was for the consideration of the renewal of the 1991 cigarette licenses. He said because work sessions have had such heavy agendas, consideration of restrictions on vending machine sales of cigarettes had been continued. However,Mr.Hedges said that staff was leaning toward renewal of the present cigarette licenses and a study of the issue. Councilmember Pawlenty expressed a willingness to consider restrictions on the availability of tobacco to minors but because the agenda item was not well advertised,he was hesitant to take such action at this time. Councilmember Wachter said be was not in favor of vending machine sales of cigarettes and said a concerted effort should be made to place this subject on a special City Council agenda. Councilmember Gustafson said • he was willing to consider approving the 1991 renewals and then devising an action plan sometime during 1991 to deal with the subject or delaying approval of the renewals with discussion of policy at a January workshop and 3 t Page 13/EAGAN CITY COUNCIL MINUTES • December 18, 1990 action at a February Council meeting. The Councilmember said he was not willing to ban cigarette vending machines from all establishments at this time,because it would require overhead racks for over the counter sales. He said the renewals could be approved for six months, thus allowing the City Council to study the issue. Councilmember McCrea said the issue merited a lot of discussion. She suggested the Council approve those licenses ready for renewal with a letter to the applicants telling them the City was studying the entire issue of availability of cigarettes to minors. Mayor Egan asked the City Attorney if the Council delayed approval of the renewals in order to discuss policy at a January workshop whether the applicants would be operating without a license. City Attorney Sheldon said the licenses require an annual renewal. He said it was an ordinance that could be amended without a public hearing at any time. The City Attorney said it would not be appropriate to just allow the licenses to expire without an extension or without withdrawing the ordinance. When asked by Mayor Egan how it could best be handled, City Attorney Sheldon suggested the existing licenses be extended to a date in the future. Councilmember Gustafson asked if the 1991 license renewals could be granted for six months. City Attorney Sheldon said the ordinance could be changed granting six month approval. Councilmember Pawlenty asked why the licenses couldn't be issued and then rescinded. City Attorney Sheldon said issuing the licenses for an entire year and then rescinding them could cause difficulty in the future. McCrea moved,Wachter seconded a motion to approve the 1991 cigarette license renewals as presented on December 18, 1990 with expiration to occur July 1,1991 with a letter being sent to each of the license holders informing them that the issue of the vending machine sale of cigarettes would be studied in 1991. Aye: 5 Nay: 0 1991 PARK AND TRAIL DEDICATION • Mayor Egan intr uced this item as the 1991 park dedicatio/and trail dedication requirements. City Administrator Hedges said that Dorothy Peterson,Recreation Supe •r; and Ken Vraa,Director of Parks and Recreation; were present to wer any questions. Councilmember Wachter 'd that the fees for ho s were becoming so expensive that it was his recommendation that the single fam' fees be held to a m. "um of$700. Mr. Vraa said that it had been an item of debate at the Advisory Par & Recreation m- -ting and the 3 1/2 percent increase had been a compromise. Wachter moved,McCrea seconded a otio. to approve the Advisory Parks&Recreation Commission recommendations for park and trail dedicatio' f. 1991 as follows: 1. Trails: F - for .''1 remain the same as 1990. 2. Commercial/Industrial: F s for 1' remain the same as 1990. 3. Residential: ._ e Family $700 •uplex $621 Townhouse $553 Apartments/Multiple $559 Aye: 5 Nay: 0 "1 1 PARKS & RECREATION FEES & C ' .ES Mayor Egan intr.•uced this item as 1991 fees and charges for Parks & Re.eation. Director of Parks • & Recreation Vraa said he recommendations before the Council were those recomm ndations reached at the last Advisory Parks& ecreation Commission meeting. Mr.Vraa said some changes ha• not been made in the X39 March 1, 1991 r TO: CITY ADMINISTRATOR HEDGES FINANCE DIRECTOR VAN OVERBEKE FROM: ADMINISTRATIVE ASSISTANT WITT RE: MUNICIPAL ELECTIONS Projected costs for a municipal election, once redistricting and additional precincts are in place, are approximately $35, 500. Election judges, supplies and equipment maintenance total $15, 500 and City personnel costs total $20, 000. Staff time freed up by combining municipal with state/federal elections is considerable. Tina's and my time are totally taken up by election activities for about six weeks prior to the municipal election. The receptionists spend half their time on election duties . Election activities include: * Recruiting, training and scheduling election judges * Process filing of candidates and financial statements * Reserve polling places and secure keys where necessary * Schedule equipment set up and removal * Prepare test deck and check accuracy * Prepare ballots for printing * Prepare, post and/or publish election notices * Process absentee applications and supervise balloting * Purchase and allocate supplies * Prepare and distribute election forms * Run maintenance check on equipment * Update voter registration list * Schedule support staff for election day duties * Conduct election ; tabulate and report results * Organize supplies, election data and equipment for next election Maintenance crews take about twodays to collect equipment, set up, take down and return to storage. The least controversial schedule for changeover of municipal would include the following: 1 . In the 1991 election, the Mayor would be elected for a one year term, and for two -year terms thereafter. 2 . In 1991 , two Council members would be elected to three- year terms. 3 . In 1992, two Council members would have one year deleted . from their existing term and would run for four-year terms. 9a Office Y E A R S ' 90 ' 91 ' 92 '93 ' 94 '95 '96 '97 '98 '99 ' 00 E * E E E E E M +++++ ----------.. +++++++++++ ++++++++++f • E E E C ----------------- +++++++++++++++++++++++ E E E C +++++++++++++++++++++++ E E E C .. - +++++++++++++++++++++++ ." E E E C - +++++++++++++++++++++++ * E means election year. IIIRedistricting update The worst case scenario regarding election and redistricting mandates continues . I attended a redistricting meeting on Wednesday, February 27 for some how-tos. Evelyn Woulfe, City Clerk of Bloomington, cautioned that compliance with legisla- tive districts can cause excess precincts . She has 35 precincts and six of those are unnecessary, but required, in order to comply with legislative districts. Such precincts are usually caused by gerrymandering. It was suggested that we use a count of 1200-1500 registered voters in establishing a precinct. Such a number would allow for expansion but it would mean adding 10 precincts in 1992, rather than the six proposed. I chose to schedule an additional four precincts, with their attendant costs, in 1996. By statute, we cannot make changes from 1997 to 2002. Equipment costs for each precinct are approximately $7500. Election judges and supplies per precinct amount to $750. III # / league of minnesote cities LII111l �l ;non hrnnover twinkling. /WU cx:dar et.)Geiru poV1. Minn. bEi 9 01 nil LI I y w for municipal officials 180a.3 Revised: January, 1977 734 , yk es, .701:o7 NOVEMBER CITY ELECTIONS - ODD OR EVEN YEARS? Contents For Even.Year Elections 1 For Odd-Year Elections 1 Procedure to Change Election Date 2 Suggested Ordinance Changing Election Date 3 Statutory Cities Unseparated From Towns 3 Home Rule Charter Cities 4 • 40.1 . mite this problem. Furthermore, where the num- Lion to the odd year (or go back to the even year, ber of voters is small, as in many statutory cities, if it has previously changed to the odd-year plan), the task of counting is not so time-consuming.) Its decision must be made at a regular meeting prior to September 1.The change must be made by (5) Administration of the permanent registration ordinance rather than by mere resolution. No vote 40 system may be somewhat easier when a separate Is necessary and no petition can force one. city election is held. Under the statewide permanent registration system, voters are permitted to register It is not necessary to adopt a new ordinance at the polls when they are not already registered. each year; the year chosen in the ordinance contin- lo the extent that this registration is accomplished saes In effect until changed by another ordinance. at the odd-year city election, the task is lightened If the election date is changed, the city clerk must at the state general election, when a much larger give written notice of the change to the county au- turnout makes registration at the polls more time- ditor and secretary of state;presumably the change consuming and difficult. Furthermore, under the is not effective until this notice is given. registration law, a voter does not lose his registra- tion unless he fails to vote at any election in four A change in the year of election from even to successive years. At any city election in the odd odd (or vice versa) will result in postponing the year there may be a few—though never very next election for a year;thus, Incumbents will have many—who have failed to vote at the previous state been elected for terms expiring in January follow. • and presidential elections; thus there is avoided for ing the November in which no election is held. both them and the registration officials the need When a change in the election date is made and the for new registrations at county or municipal offices city does not provide otherwise by ordinance,each or at the polls. (Opponents argue that this is trivial term is extended for a year and successors will be since the number of voters who go to the polls for chosen at the next election for the usual term--four municipal elections and not for state and national years for councilmen with no more than two to be elections is very small.) elected at each election and two years for mayor (except in any city which has provided a four-year (6) Going to the polls once a year is likely to sti- mayor's term by local action under M.S. 205.20 or mutate voter interest in public affairs more than a 412.022). if the city is on the standard plan and consolidated election plan under which the voter has both a clerk and a treasurer, it will continue to may cast his vote for general government candidates elect one at each biennial election. Instead of fol- elonly once every two years. A yearly reminder of lowing this pattern,the council may adopt an ord i- the privilege and responsibilities of the vote may be nance regulating initial elections, officers to be healthy in a democracy. On the other hand,the ab- chosen at those elections,and shortening or length• scnce of any general election in the odd-numbered ening terms of incumbents and those so elected so years may encourage apathy. (1 here is a separate as to conform as soon as possible with the schedule school election in most election districts, but edu- set out above. (M.S. 205.07.) This provision was catior is a special function.) intended primarily to avoid the need for excessive- ly long terms in some instances when a change in Procedure to Change Election Date in Statutory the election year was made during the years immedi- Cities ately following the commencement of the biennial election system. It Is not likely to be utilized in If, after weighing all the arguments, the council other situations. of a statutory city decides to change Its city elec• ill .2- 3 MEMORANDUM • TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MARCH 22, 1991 SUBJECT: RELATIVE MERITS OF EVEN YEAR ELECTIONS This memo is intended as a companion to the attached memorandum by Administrative Assistant Witt regarding the potential cost savings of even year municipal elections. Cost savings are always important in the public sector and even more so in the current budget environment. As Ms. Witt's memo points out, the typical election costs approximately $35,500 to conduct. The marginal costs to combine elections would be insignificant as a consequence of the Optiscan voting technology in use by the City. These costs will also increase over time as Eagan's continued growth will • require redistricting again in the future. There are a variety of other factors which bear consideration. The League of Minnesota Cities outlines these factors in the attached publication. The trade off between odd and even year elections primarily lies between the efficiencies and higher turn-out inherent in combining elections and the potential that city issues and candidates will receive less attention and consideration when state and national issues and candidates compete for the public's attention. While the League makes no value judgement as to whether odd or even year elections are preferable, the publication substantially predates the current revenue situation. Another factor bearing on the merits of the alternatives is the transition plan. The Plymouth experience is illustrative of this point. The City of Plymouth recently considered this issue with the intent of reducing local election costs. To save the most money, the logical transition plan was to extend the Mayor and all Council terms one additional year and hold the next municipal election with the next general election. This became highly controversial as some residents felt that incumbant Council members were benefitting by extending their own terms without electoral participation. As a consequence, the City of Plymouth is considering a number of alternative transition plans. The basic alternatives appear to be: 1. Conduct an election in November 1991 for: Mayor to 12/31/92 (1 year term) Two Councilmembers to 12/31/94 (3 year terms) Conduct another election in November 1992 for: Mayor to 12/31/94 (2 year term) Two Councilmembers to 12/31/96 (4 year terms) (Same schedule as outlined in Administrative Assistant Witt 's memo. ) 49 2. Conduct an election in November 1991 for: Mayor to 12/31/94 (3 year term) Two Councilmembers to 12/31/94 (3 year terms) Conduct another election in November 1993 for: Two Councilmembers to 12/31/96 (3 year terms) 3 . Extend two councilmember terms from 12/31/93 to 12/31/94 . Conduct an election in November 1991 for: Mayor to 12/31/92 or 12/31/94 (1 or 3 year term) Two Councilmembers to 12/31/92 (1 year term) 4 . Extend the Mayor and each Councilmember's term by one year and hold the next municipal election in November 1992 . A final variable is the possibility of changing the Mayor's term • to four years under any of the scenarios above. While additional odd year elections may postpone the cost saving which is among the principal benefits of the transition, the Council may wish to consider such alternatives to maximize voter participation in the transition. If you have any additional questions in this regard or wish further background, please let me know. Assl tant to the City Administrator • L/.,c • PROTECTIVE INSPECTIONS MONTHLY REPORT - MARCH 1991 NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE Electrical 113 275 •!mbing 69 162 C 67 154 Water Softener 7 9 Signs 9 23 Well, Cesspool, Septic Tank 0 0 Sewer & Water 55 120 (2 existing) NATURE OF BUILDING PERMITS ISSUED YTD MONTHLY TYPE NO. VALUATION PERMIT FEE PLAN REV FEE TOTAL FEES 0 FOUNDATION 111 SINGLE FAMILY 45 5,369,000 31,554.00 20,505.00 154,116.50 2 DUPLEX 2 210,000 1,303.00 847.00 6,669.00 8 TOWNHOUSE 4 264,000 1,946.00 1,264.00 12,168.00 CONDO APT BLD3S 1 AGRICULTURAL 1 CO!2' /IND (NEW) 15 COMA/IND REMODEL 4 149,000 1,185.00 740.00 4,052.00 2 COMM/IND ADDITION INSTITUTIONAL PUBLIC FACILITIES RES. GARAGES 6 5 39,000 486.00 111.00 618.00 RES. ADD./PORCH SWIM POOL 50 MISCELLANEOUS 22 175,450 1,917.00 299.00 2,307. 50 DEMOLISH HOUSE MOVES MO. SUBTOTAL 6,206,450 38,391.00 23,766.00 179,931.00 ADJUSTMENTS MO. TOTAL 196 82 16,890,450 99 652.00 62,701. 50 YEAR-TO-DATE 483,383. 50 V' C PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL &INSTITUTIONAL BREAKDOWNS DATE MARCH 1991 0 BLDG. 1 PERMIT 4i 1 ADDRESS & LEGAL 1 OWNER 1 VALUATION 1 OCCUP. 11285 CORP CTR DR 1 1 1 18795 1L3, B3. EAG OFC PK #1 1 OPUS CORP 1 $ 80,000 1 INT IMPR 18819 2020 SILVER BELL RD 1 1 1 1L1. _B] , DALLAS DFVF.i, 1ST 1 TOWLE REAL ESTATE, 51,000 1 INT IMPR 18758 1398g9 SIB MEM HWY 1 I 1L011, B7, SECT. 19 1 D.C.R. PTNRSHP 1 16,000 1 1NT 1MPR 18810 12115 CLIFF RD 1 1 1 11,1, B2, CEDAR CLIFF COMM pK1 FEDERAL LAND CO 1 2,000 1 1NT IMPR I 1 I 1 1 1 1 I I I 1 1 I I I 1 I 1 I I . I a I 1 1 I 1 I 1 1 a 1 I I 1 a I I a 1 1 I I 1 1 1 I I a 1 1 1 I a a 1 a • • 1 1 1 1 1 1 1 1 1 I I 1 I I a 1 I I 1 I I I a a a a 1 I a a I I a I I a I a a 1 a I I a I 1 1 a I 1 I I I a 1 a 1 I I I 1 a 1 a a I 1 I 1 a I 1 a a 1 a a 1 1 1 a I 1 1 I a a 1 a 1 I 1 1 i 1 a a 1 1 1 a • 97 PROTECTIVE INSPECTIONS - MONTHLY REPORT • DATE MARCH 1991 MULTI-FAMILY BREAKDOWN 1 MO. # 1 MO. # 1 MO. # 11 YTD # 1 YTD # 1 OF 1 OF I OF 11 TYPE 1 PERMITS 1 OF 1 OF UNITS 1 BLDGS. t1 UNITS 1 BLDGS. I 1 1 11 1 DUPLEX 1 2 1 2 1 1 11 2 1 1 1 1 1 11 I 1 1 1 3-PLEX I /1 1 I 1 it 1 1 I I 11 1 1 1 1 11 1 4-PLEX I 4 1 4 ; 1 11 8 1 2 11 1 1 I 1 11 5-PLEX 1 1 1 ii I 1 1 1 11 1 I 1 1 11 1 6-PLEX 1 1 1 11 1 i 1 1 11 1 I i I 11 0 7-PLEX 1 1 1 1 1/ 1 1 1 I 11 I i 1 1 II 8-PLEX 1 1 I 11 1 1 i 1 1 11 1 1 1 1 11 10-FLEX 1 I 1 I 11 i I 1 1 11 1 1 1 I 11 I 12-PLEX 1 1 1 11 I 1 I I 11 1 I 1 1 11 1 16-PLEX I 1 I 1/ i I I 1 11 1 1 1 I 11 APT. BLDG. 1 1 1 1 t/ 1 1 1 1 11 1 I I 1 11 1 OTHER I 1 I 11 1 1 1 1 1/ 1 1 1 1 11 1 TOTAL 1 6 1 6 1 1 11 10 1 3 0 I 1 1 /1 I • 81/ PROTECTIVE INSPECTIONS MONTHLY REPORT - MARCH 1990 NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE l ectrical 116 362 Bing 74 1 9 8 AC 79 220 Water Softener 4 11 Signs 6 23 Well, Cesspool, Septic Tank 0 1 Sewer & Water 46 1 3 1 NATURE OF BUILDING PERMITS ISSUED YTD MONTHLY TYPE NO. VALUATION PERMIT FEE PLAN REV FEE TOTAL FEES FOUNDATION ` 144 SINGLE FAMILY 60 7,288,000 42,656 27,716 197,242 2 DUPLEX 8 TOWNHOUSE 3 886,000 3,965 2, 577 51 ,467 CONDO APT BLDGS AGRICULTURAL 4102 CONS/IND (NEW) 2 233,000 1,339 870 13,569 16 M E 8 709,200 3,469 2, 154 5,980.50 COQ./IND REMODEL 2 COMM/IND ADDITION INSTITUTIONAL 2 PUBLIC FACILITIES 1 396,000 1 ,676 1 ,089 10,964.50 RES. GARAGES 4 RES. ADD./PORCH 2 19,000 225 82 324 i SWIM POOL 53 MISCELLANEOUS 16 81 ,300 1 ,051 1 ,099 DEMOLISH 15 15.50 HOUSE MOVES MO. SUBTOTAL ADJUSTMENTS III MO. TOTAL 92 9,612,500 54,396 34,488 280,661 . 50 233 YEAR-TO-DATE , 21 ,847,000 125,871 79, 195 654,930. 50 9 7 Cellular r ■■■■■■ ■ . .■■■■■ • pnes ..e..... The Mobile Telephone Company 2515 24th Avenue,Minneapolis,MN 55406(612)721-1660 City of Eagan M 8, 1991 3830 Pilot Knob Road Eagan, Minnesota 55121 Attn: Mr. Dale Runkle Re: Future cellular design for Eagan Dear Dale: As per the city's request Cellular One has assembled two maps which show prospective cell sites for the city of Eagan. Map one shows the location of the second stage development cells. As you can see, the Deerwood location is designed to maximize the coverage for Eagan, while allowing Cellular One to remain at this location for an extended time period. However, given the worse case scenario, a second site may be located near Pilot Knob Road and I-494. The height of any additional site would not exceed 100 feet. If possible we would prefer to locate a cell on an existing building. Our current three year engineering plan does not foresee the need for any second cell site in the City of Eagan. As the system and technology developes we move into digital and micro cells for coverage. Map two shows possible locations for these micro cells. Primarily, micro cells would be located at major intersections or topographic lows within a city to provide coverage. These poles would range in height from 40 to 50 feet, with very small antennas and cabinets for the housing of radio equipment. Or they may also be located on existing buildings or structures (storm sirens) . As a system matures, the site locations become more critical. Using todays techonolgy and current information available to us, the total number of micro cells and second stage cells estimated to provide the necessary coverage for the Eagan area would be five. Please distribute this letter along with the enclosed outline sheet and maps to the mayor and council members. The enclosed outline would be used to give a brief presentation (15 minutes or less) to the city council on March 19, 1991. However, Cellular One would be more than happy to meet with members of the staff or council prior to the March 19th meeting if additional explanation is required. We appreciate this opportunity to present this material to the mayor and council members so they have a better understanding of the future of cellular as it pertains to the City of Eagan. Very truly, Cellular One Warren Dunlap ■� r I": if 41111a111.111101rak •: i••7 *WY rA:rT. '. = , ,e site f �,._ possible micro cell tticaticm.4 �! 1 .■ .::"'.4. r�� 11vG?' V N - I y RIM 'TAN EE ► SI1 . RD amp . ,... ... cg �' ��,-- r AI= FSTHirY f3 ■ ` _ k...tiA35 • ma . • 04.-4,?."2 t 10+ i A' ..,.0.1 E �. FPI ST K 5B • ? -•, �... , Penn. �, P stake ■ e $*IIIRx;10.0 h ■ �►.,,� S ROBERT +; Olpinetrip_ „II i d ,A;A ii V CEDAR AVE FRI4'Y ■ '� :._ r :...:; . C .. risibliesi", - :4), 11=m111.14ger. AV A W 120TH ST le111D ONE -. 't��T. . A.4.� , s .i.ss . .,:s ;. ...\.... , ler r• I .a site t J. ... : . ,. A XINGT N . v. ,./.., . ,., ;.,/117' Mill 016 . .. .• ltr■Iii= 1 \.,,,,.. i if MAW 1 *YA1V EE e e RD • ill. 1 f3 •..... ialai ` ,_��l.I sop•• ••••:• ,, ....,...,,,kw— .-•::: ....: • ,, let__ a , .---1.:. / frikepti;4 2..6, ,- r „iir. . . ,..... Perm. «,,. stye e .. ,.. . ,- liffilliri A - Ala L ..: --- 444 VA/ Yr ovivill A wf,,:.:.: vow Aa : ECED VW° 11 ARAVE�'R�Y = LI ,V1* A�►� , r "� �►� S ROBERT TRL>:0 v,,,,amt. " 'IM t m ,,Aftz.it ; ,,a, :,..,_. J./ v.4,1FF RD :,1 , ..., Pwwvarirz.... lir fif ...,."----,, .„_....... .: .• ni 47 120T7€ST irmili AO._ . t C) t O co co O H C) 00 C C > • 4_ 1 r •5 co (.0 _D) _ 5 v, W Its .p cr)-(NJ C) - _ S� C .- 0 0 o_O M C.) 1 t CL 0 • rQ) ' 1 ) V C,) p) (A O (/) (.5 .r 3 N 1 ( ) O co N (l) 0 a) O 2 N d O) r T _t t 0) CO 1 i W 1 � O O p 0 C O 0 0 0 T 0 CD co T T WHY DO WE NEED CELL SITES? * Coverage * Capacity WHY ARE WE IN EAGAN? Coverage WHY AT THIS PARTICULAR SITE? *Low Impact *Zoning Allows *Provide Max Coverage To Eagan *Central Location To Traffic and City *Maintain Grid For Proper Operations 1985 *Cover large area 1st Stage *Few sells *Limited capacity now causes interference *Need to split into smaller cells 1989 - 2nd Stage * 150' below, moving from towers to poles Above tree tops 1993 - DIGITAL *Provide 3 times capacity MICRO CELLS * Telephone pole heights 40'-50'can be below trees *Parking/mall light poles-located at intersections * Tied to "controller sites"on shelters (cabinets) *Reason To Locate A Micro Cell: 1996 - -Busy traffic area -Low Topography -Tunnels -Malls 979 2000 -J Wrap-Up 1) Unknown growth of city also unknown growth of cellular customers. 2) Also,mention subs/channels. 3) No cell pole will exceed 100'. 4) Locate on existing buildings where and when possible. • 1991 CIGARETTE LICENSE RENEWALS LIC.# LOCATION f OF OVER VENDOR MACH. COUNTER 2319 AMERICAN FRUIT & PRODUCE MN VIKINGS FOOD SERVICE 1 2348 BROOKS SUPERETTE #43 GATEWAY FOODS OF MPLS 1 2333 BROWN TANK NORTH COUNTRY VENDING 1 2313 CEDAR CLIFF AMOCO ROBERT SCHLANGEN 1 2314 CEDARVALE LANES DVM, INC. 2 2346 CEDARVALE TIRE & AUTO A & K SINCLAIR 1 .404,C 4,: CHEERS WINE & SPIRITS DANIEL HERBST 1 2349 COMPRI HOTEL THEISEN VENDING 1 2347 CUB FOODS SUPER VALU STORES, INC. 1 2345 DIAMOND T RANCH JERRY THOMAS 1 2337 DUCKWOOD 66 PHILLIPS 66 CO. 1 2341 DURNINGS DOROLA INC. DBA 1 2342 EAGAN E-Z STOP CROWN COCO INC. 1 2323 EAGAN AMOCO SO. FRANCE LTD. INC. 1 2338-40FINASERVE #590, 576, 594 FINASERVE, INC. 3 2310, 11HOLIDAY STATION STORE #234,#247 HOLIDAY STATION STORES 2 2318 LANXANG ORIENTAL GROCERY THANOM KEOHAUONG 1 2312 LIQUOR SHOPPE LIQUOR SHOPPE 1 2334 LOST SPUR COUNTRY CLUB HAROLD F. AWE CO. , INC. 2 2330 MISTER DONUT MISTER DONUT 1 2316, 17PDQ #214, 287 PDQ 2 2324 RAINBOW FOODS APPLEBAUM FOOD MARKETS 1 2343, 44SNYDER DRUG STORE #32 ,#61 SNYDER DRUG STORE 2 2336 STARKS SALOON GARY STARK 2 2320, 1, 2SUPERAMERICA #4049, 4182, 4335 SUPERAMERICA 3 2331 TARGET T-360 TARGET 1 2335 TEXACO SUPER STORE YOCUM OIL COMPANY 1 2327, 8, 9TOM THUMB #166, 259, 273 TOM THUMB 3 2332 TOTAL PETROLEUM TOTAL PETROLEUM 1 2315 VALLEY LOUNGE DVM, INC. 2 2326 WALGREENS WALGREENS 2325 YANKEE SQUARE AMOCO 1 W. J. RABUSE 1 19 26 The number of cigarette vending machine licenses decreased by six over the past year while over-the-counter remained the same. Businesses which had their vending machines re- moved include: Al Bakers, Check Technology, NW Airlines, Parkview Golf Club, Perkins and Richards. We don't know if the machines were removed because of possible legislation banning their use or because of health reasons. ANER MINNESOTA FAX 612-646-0142 PAGE 97 Answers to most commonly asked questions related to restricting tobacco sales from vending machines. Why do you want to do this? Who are you trying to kid anyway? Kids who want cigarettes will get them whether or not they are sold from vending machines. Eliminating tobacco sales from vending machines is not the total answer. No one claims it is. It is, however,a necessary step to reduce children's access to a deadly drug. Vending machines are about the only reliable commercial source of cigarettes for young children,particularly young boys. Older dren are able to purchase over the counter without much difficulty because meet merchants do not chil- check identification cards(as they are required by law to do.) Since the average age at which kids start to smoke is 13,many children actually start at 9,10 or 11. It is these very young children who are most likely to be deterred by barriers to access. Eliminating tobacco sales from machines is only the first step. The other supply-side steps include educating merchants about age-of-sale laws,requesting that police enforce age-of-sale laws,and dis- couraging shop-lifting through more appropriate placement of cigarettes. For example,self-service cigarette displays should be eliminated in super markets,so they are header to shoplift.(Cigarettes are the item most likely to be stolen from most grocery stores.) I support this whole effort to keep cigarettes out of the hands of children,but I think the answer is education. Minnesota schools offer some of the best tobacco use prevention programs in the country. have been proven effective,but they are not enough. White teachers are presenting the health facts,the kids are subjected to tobacco advertising that makes smoking appear just the thing for someone who wants to be cool. In thi this education important, but it is not a panacea.We must educate kids in school,change the messages children receive from the media and home AND change the supply side of the equation. Much of the war on drugs relates to supply. If drugs are difficult to acquire,it is true that some truly determined people will get drugs,but most will never be tempted. those who are not very interested may find themselves being drawn into drugs fe-threateening addiction. Arguing that there is no need to worry about temptation and availability is like saying it does not make any sense to lock your house because if thieves really wanted to they could break down your door in two minutes. It is undoubtedly true that a professional thief could get into your home locked or not. But youngsters passing by could not. Most of us lock our homes because a very door has a deterrent effect. It just makes sense. I think this is Just an effort at prohibition. It did not work with alcohol and it won't work with tobacco. The goal is not prohibition;the goal is much more limited. All we want to do is make it possible to enforce age-of-sale laws. We want to change the message we give to kids. Tobacco is a Serious drug. We do not sell other serious drugs from unattended machines. We should not sell tobacco that way. Prohibiting the sale of tobacco from machines would scarcely inconvenience most adult smokers be- cause there are so many over-the counter outlets for cigarettes. Furthermore,dedicated adult smokers can easily plan ahead and carry extra packs with them for"emergencies." ANSR MINNESOTA FAX 612-646-0142 PAGE 09 Don't you really just want to ban the sale of all tobacco? This Smoke-Free Society 2000 just wants to make us all quit smoking. What this effort is all about is keeping kids from starting. We know that the younger a child starts to smoke,the more serious the lung damage and the harder it is to quit later. It is worth making a little effort to prevent a new generation from becoming addicted. Regarding the smoke-free society, hope is that by the year 2000,the demand for cigarettes'will be practically nonexistent, ,our the nonsmoking movement believes that prohibition is the'waiver. Cigarette machine ordinances are in an aimed at kids who are not yet confirmed smokers;they are not aimed at adult smokers. I am just a small businessman trying to feed my family. If you ban cigarette machines,I may lose a lot of income. Those who currently sell tobacco from machines may switch to over-the-counter sales. The profit margin for over-the-counter sales is quite a bit higher(as much as sixty cents per pack). Unless their machine sales were primarily to children,most sellers will make more profit from over-thecounter sales. Those who own vending machines may find they have machines which are no longer in operation over two years has probably already paid for itself. Although et'there useful. A market for older machines,modern machines with spiral feed mechanisms can hale many kinds little items besides tobacco. Those machines will continue to have a resale value. The reason bars prefer to sell tobacco from vending machines is to manage inventory control and prevent shrinkage. What is being said here is that employees may appropriate the cigarettes. If they can not be trusted to sell cigarettes,can they be trusted to sell alcohol? Relying on vending machines is not the only way to control loss. There are other methods of controlling inventory,some of them electronic. This will just make it a bigger challenge to kids. They will just try harder to get the cigarettes. Stretched to its limit this argument would mean that adults should put no restrictions true that some children will rise to the increased challenge and attempt to get c children. It e more inventive ways. But these ordinances are not just intended to protect the get cigarettes u even already addicted children They ate intended to p particularly devious or curious and just trying b experiment.Many will protect all children,particularly children who are Y be easily discourged by improved barriers.