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05/15/1991 - City Council Special
„__., SPECIAL CITY COUNCIL MEETING WEDNESDAY MAY 15, 1991 5:00 P.M. I. ROLL CALL II. POLICE DEPARTMENT STAFFING III. IMPACT ON BUDGET REDUCTIONS AND DRAFT C.I.P. REVIEW IV. PRESENTATION/MAC COMPREHENSIVE PLAN - RUNWAY ALTERNATIVES V. OTHER BUSINESS VI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 11, 1991 SUBJECT: SPECIAL CITY COUNCIL MEETING At the May 7, 1991 regular City Council meeting, a special City Council meeting was set for Wednesday, May 15, 1991, to discuss the following items: 1. Police Staffing 2. Proposed Review of 1991/1992 General Fund Spending 3. Draft Five (5) Year C.I.P. 4. Presentation by MAC staff on the proposed MAC comprehensive plan/runway alternatives. The last item, MAC comprehensive plan/runway alternative, will be a joint meeting with the Airport Relations Committee members. Also, the attached letter was sent to members of the Advisory Planning and Economic Development Commission's by Mayor Egan inviting their attendance to the meeting. This item is scheduled to be heard at 7:30 p.m. The following is a summary and information for each of the special City Council meeting items. POLICE STAFFING The hiring freeze, necessitated by a major reduction in state revenues, is impacting the delivery of services in all City departments. A $320,000 reduction of HACA revenues in 1991 and greater loss of state appropriations in 1992 is causing serious constraints on the need for additional personnel. Yet growth in community infrastructure and residential/ commercial units is increasing each year at a rapid pace causing each City department to manage more with less, causing a strain on quality of service delivery. Service delivery is labor intensive and, as a result, our service to the community is as beneficial and effective as personnel providing various budgetary objectives. Our police department has experienced a reduction in internal and public informational services, delays in record keeping activities and more importantly the reduction in response by police patrol. The inability to expand the D.A.R.E.program, address needs for a juvenile liaison position to the high school, provide general residential preventive patrol and other related services is a direct result of less staff due to budget reductions. With the realization of further proposed legislative revenue reductions to cities, the impact on City expenditures is unknown at this time. It is, however, apparent that the City will need to evaluate traditional service delivery in all departments and prioritize police staffing accordingly if revenues are dramatically reduced in 1992. Chief Geagan has prepared a report, a copy is attached and referenced as pages through 3(, that explains how police operations are directly impacted by a shortage of ersonnel. The information raises a number of public policy issues regarding the delivery of law enforcement services requiring City Council direction and funding considerations. ACTION TO BE CONSIDERED ON THIS ITEM: This item requires discussion and direction in preparation of the 1992 General Fund budget. IMPACT ON BUDGET REDUCTIONS AND DRAFT C.I.P. REVIEW The City's rate of growth intensity peaked during the late 1980's and has started a decline. The decline is a result of the economy, existing lot inventory and a community that is 70% developed. We need to recognize that our community has moved from a young, fast growing community to a maturing community with slower, sustained growth, and with issues not only related to growth, but to redevelopment, maintenance and changing demands for service. The challenges facing the City are not reducing but increasing as we look toward the needs of citizens into the 1990's. As we consider the future, there are outside influences over which we have little or no control. Those influences include, but are not limited to, the leveling off of development, continued inflation, uncertain economic conditions and the financial condition of the State of Minnesota. Given these impacts, the State of Minnesota is looking at the redistribution of property tax burdens and a new philosophy in taxation as it relates to property taxes for all classifications. The one certainty that seems consistent through all these issues is that taxes will be increasing regardless of what the City of Eagan does. As a result, our City needs to provide the most efficient service delivery and use of citizens tax dollars. Options facing cities seem to be increased taxes,reduction of services, new revenue sources, or to provide services at a cost reduction. In an effort to bring together citizens, the City Council and City staff, it is necessary to prepare a financial and service delivery plan. It is important to local government stability to provide a plan that allows responsible cost reductions and/or revenue adjustments that result in a permanent budget reduction that off sets the eventual phase out of state aid. The following table illustrates 1991 HACA: Total General Fund Original Amount 1,359,272 1,068,058 1st Reduction (204,370) (163,292) Total G.F. Expected Reduction (204.370) (163.292) Reduction $326,584 Balance $ 950,532 $ 741,474 Since significant reductions impact services the City Council may want to consider, citizen input into current operations to help the City frame a future service delivery plan. There are several ways to accomplish this task,such as a survey, public hearing and/or a special a citizens task force. The other option is continued City Council/staff review in special meetings. The City is facing some difficult decisions that will impact service delivery this summer as preparation of the 1992 budget continues. A plan for addressing budget reductions is important to efficiency of local government service delivery. ACTION TO BE CONSIDERED ON THIS ITEM: The City Administrator requires direction for preparation of the 1992 General Fund budget which is scheduled to begin later this month. DRAFT C.I.P. REVIEW At the March 12, 1991 Special City Council meeting, when the draft five-year capital improvements program was last reviewed staff was given direction to continue its research and provide additional refinement at a future City Council workshop. The request for additional research was focused primarily in two areas, the first involved sharing facilities and programs with the three school districts and coordination of projected referendums with them and second, the option of leasing office space as opposed to constructing government facilities. It is very difficult to provide research on sharing facilities and programs with the school districts without looking at and discussion specific programs. Currently, there is a great deal of sharing of outdoor athletic facilities, especially with District 196 and to a lesser extent with District 191. There is very little sharing of the indoor facilities because of the need to use the desired facility at the same time, gymnasiums being the prime example. School district programs and community education activities obviously receive the higher priority. More recently there has been significant sharing of development costs between District 196 and the City when new schools and parks are developed together. It is not clear how we could quantify this cooperative effort and incorporate it any more fully into the C.I.P. than has already been done. The three school districts were all contacted by Finance Director/City Clerk VanOverbeke regarding plans for referendums within the next 24 months. The results of those contacts were not particularly definitive, however, they are as follows: 1. ISD #196—There is nothing planned as of now, however, there has been general discussion on space needs. No definite direction has been set on another excess levy referendum either. 2. ISD #197—There is currently nothing scheduled, although there was some expectation that the board would be looking at a referendum this fall with a December vote. The bonds would finance building improvements, not any new buildings. 3 • 3. ISO #191--There is a fairly high probability of an excess levy referendum in 1991. They are also expecting a referendum of about $2.5 million within 2 years for a building expansion to an elementary school in Savage. The district is also in the process of buying land in Savage for another possible elementary school. The building is expected to be 4 - 5 years out, if it is built at all. The whole area of leasing and lease purchasing has been reviewed and considered at various times over the past few years. The possibility of leasing space for government offices certainly exists, however, the payments would be another operating expense within the levy limitation further compounding our existing budget problems. To get an idea of leasing costs I talked to Federal Land and Opus. The gentleman at Federal Land said that office space in Eagan varied from $7 to $14 net per square foot depending on the type. These are typically triple net leases so expenses add $6.00- $7.50 per square foot to the cost. He cited Bill Brandt's buildings at $12.00 - $12.50 gross per square foot as an example of leasing costs. That total figure would put that property on the lower end cost wise, while Federal Land's Waterview Tower would be on the other end. Opus estimated the costs to be $10 - $11 net per square'foot with expenses of $6 - $7 per square foot for their office space in Eagan. The operating expenses include property taxes which would be an additional expense to the City. Therefore, the only difference between the City building and occupying a building versus leasing the space would be the increased cost for taxes and return on investment on a private building minus any unknown savings that could be negotiated. If one were to use the Opus estimate of $10 - $11 net per square foot and add something for taxes as a new cost, the City could probably estimate an out of pocket cost of $12 per square foot to lease office space. It should be noted that any significant leasehold improvements or changes to the property would dramatically affect these estimates. For a space of 10,000 square feet you would have an annual lease cost of $120,000. That same $120,000 would provide debt service on $1,290,000 over a 20 year period borrowed at 7% or debt service on $1,130,000 borrowed at 7% over a 15 year period. New City office construction is estimated to cost $60 per square foot. (Office only-not police -current City Hall grade construction) Eden Prairie currently leases office space in an office/warehouse facility. They pay$250,000 per year for 22,500 square feet on a net basis. It is a triple net lease so they also pay everything else over and above the net rate. The City Administrator has discussed alternative financing options for major capital improvements with the City's fiscal consultant, Dave MacGillivray of Springsted, and for a copy of a memo entitled, "Alternative Financing Options for Major Capital Improvements," refer to pages.]2-through The City Administrator has also discussed alternative methods for financing the ice arena with Springsted if the City Council decides not to hold a general bligation bond referendum. A memo outlining those alternatives is enclosed on pages ,3A through, .. In addition, a memo repared by the City Administrator and the Director of Finance is enclosed on pages through ■�{0 outlining ice arena/pool financing considerations The City Administrator and Director of Finance are in need of a clarification of the regulatory language that was adopted by the City Council at the March 19 meeting as to how the principle would be used for the remainder of 1991 and 1992. The ordinance as • written, only allows for interest and essentially places a mor orium on availability of principle until 1993. Please refer to a memo enclosed on pages T/ through 4/ , entitled, "Community Investment Fund Ordinance," dated April 2, that was prepared by the Director of Finance for distribution in the informative packet for City Council review and interpretation at the April 16 meeting. In summary, the CIP is approaching a further refinement during each City Council work session. Most of the emphasis has been placed on the ice arena/swimming pool capital project in this memo. The City Council may want to discuss some budget parameters for capital spending in all departments by establishing a ceiling and asking that Department Heads reccnsider capital projects according to spending guidelines established. In other words,adjust the spending limitations for fire,law enforcement/municipal center expansion, ice arena/outdoor swimming pool project and other capital facilities by a certain amount, therefore, reducing the total general obligation referendum and community investment fund revenue reliance during the next five years. More specifically, reduce the law enforcement/municipal expansion by 40%-50% of the estimated cost and ask that a smaller addition be considered during the next five years similar to the City's expansion and financing of the maintenance facility. The bottom line is how many referendums will the City Council consider during the next five years and what are the total expenditures for capital projects during that CIP period. ACTION TO BE CONSIDERED ON THIS ITEM: To provide further public policy direction to the City Administrator on how certain expenditures and revenues should be presented. PRESENTATION/MAC COMPREHENSIVE PLAN - RUNWAY ALTERNATIVES Enclosed without page number is a copy of a brochure ou tlinin g the dual track airport planning process and the part that the MAC long-term comprehensive plan plays in that process. As is outlined in this document, MAC consultants have identified the need to add at least one additional independent runway at the current site to meet traffic demand between now and the year 2020. In addition, the MAC is anticipating the need for a 50 percent increase in the number of passenger gates to serve the increased traffic demand. The brochure outlines the six concepts being considered to meet these demands. They consist of each of three runway alternatives in combination with each of two terminal alternatives for a total of six total concepts for the site. Concepts 1 and 2 consist of a new north parallel runway. Concepts 3 and 4 involve a new south parallel runway and Concepts 5 and 6 involve a north south runway roughly adjacent to Cedar Avenue. Concepts 1,3 and 5 involve the expansion of the existing Lindberg terminal to maintain primary terminal facilities on the east side of the airport. Concepts 2, 4 and 6 involve development of a new front door terminal for the airport adjacent to Cedar Avenue and the Crosstown with the removal of the existing Lindberg terminal to provide taxi space on all sides of the concourses. 3 As a part of this effort, the City is actively involved in the MAC Interactive Planning Group which has developed the work plan outlined on pages through for your review. The principal responsibilities of the cities are in the area of land use compatibility, community disruption, impacts on growth patterns and population movement tax implications, induced development, economic dislocation and community disruption. The cities are to gauge impacts both from noise and changes in highway traffic. With respect to noise, staff has a slide set and full scale representations of the noise contours anticipated in this regard. In general terms,the additional parallel runways expand impacts in and around the current corridor area. It should be noted that the City's airport consultant, Gerry Bogan, has indicated that it is doubtful whether traffic can continue to be contained within the corridor area if the traffic increases which are anticipated are to occur. The north south runway tends to open up new impact areas along Cedar Avenue although the distance from runway end provides that the worst of the noise will be absorbed by commercial areas in Bloomington and the River Valley. Unfortunately, in the case of the north south runway, there are few opportunities available to charm line tral)fe.over less noise sensitive areas of Burnsville or Eagan. Enclosed on pages 33f and you will find a preliminary noise analysis based on 1980 census data. This information is being reviewed by the City's Planning Department based upon the most recent housing count data. The extent tt„which the vari s runways would be used as a percentage of time are outlined on pages Co through and a preliminary matrix of socio-economic considerations is enclosed on pages 54 through 6 (. One addition identified by staff for Concepts 5 and 6 for the City of Eagan is an increase in noise from this alternative as well as from Concepts 1 through 4. It should be noted that the nature of this noise impact will probably be of a lesser intensity than would be experienced in neighborhoods adjacent to the corridor if a parallel were added, but it should be noted that there will be an increase in traffic in areas which previously have not received a significant amount. The City's responsibility with respect to the Interactive Planning Group is to: 1) identify preferred alternative, if any, for discussion with other cities and 2) identify impacts and potential mitigative strategies for those impacts within the respective communities. The general impacts on the City of Eagan can be characterized in the following areas: 1) The number of households and people in the contours 2) The character of population down range from anticipated flight tracks and the availability, if any, of operational and land use based mitigative strategies for those areas 3) The impact on Eagan businesses of a relocation of the terminal facility to the west side of the airport 4) Other A preliminary set of findings with respect to mitigative strategies is as follows: 1) If Concepts 1 or 2 (north parallel) is built: a) Stage 2 operations should be restricted to the corridor headings defined by the MAC Blue Ribbon Task Force f b) Absolutely no operations should occur south of the extended runway center line and all operations should use the Blue Ribbon corridor headings if possible and c) The MAC should fund the redevelopment and reuse of the McKee Addition as well as mitigative strategies for other impacted areas in the corridor vicinity. 2) If Concepts 3 or 4 (south parallel) are built: a) The new runway should be restricted to landings only b) All departure operations should use Blue Ribbon Task Force recommendation headings if at all possible and absolutely no operations south of the Runway 11C centerline c) MAC should be responsible for the redevelopment and reuse of McKee Addition as well as mitigative strategies for Highview, Country Home Heights and other potentially impacted areas in the corridor vicinity. 3) If Concepts 5 and 6 (north south runway) is built: a) North south runway should be restricted to Stage 3 operations only b) There should be no thrust cutback before three miles from the runway end c) The Blue Ribbon Task Force corridor standard should be maintained for departing operations on the parallel runways. 4) If a new terminal must be built, it should be accomplished at the current site to diminish dislocation of existing businesses in the region and to maintain development and traffic patterns predicated on the current location. The nature of the dual track planning process is that the expansion and relocation tracks will be discussed separately and then developed and considered by the Legislature over a period of five years culminating in 1996. As a consequence, the presentation at Wednesday's meeting and the discussion will revolve primarily around the expansion of MSP if it is determined to build at the current site. It has been suggested by certain parties that it may not be possible for the City to endorse any of the alternatives as preferable because of potential impacts for residential neighborhoods. Therefore, alternative approaches may be to identify those that are least preferred both in terms of runway configuration and terminal location or to concentrate only on mitigative strategies in the event that any of the runway alternatives is chosen. Finally, it should be noted that a number of decision-makers have begun to discuss the potential for both a north south runway and a parallel runway to be built at the current site between now and the year 2020. If that is the case, the current discussion should not be couched in terms of which is preferable or least negative, but rather on which would have the least impact if it were accomplished first. It should be noted that as investments are made at the current site for either an additional runway or expanded terminal space, it will be increasingly expensive and difficult to relocate, meaning that yet another runway would be virtually inevitable in the long-term. ACTION TO BE CONSIDERED ON THIS ITEM: There is no action anticipated on this item at this time. However, because of the anticipated report of the MAC Interactive Planning Group in July and its consequences for a MAC decision with respect to expansion of the current site, any questions, observations, concerns or opinions should be brought forward either at this meeting or as soon thereafter as possible or representation to the MAC by the Mayor and staff. In addition, it is anticipated that the Airport Relations Committee will take official action in this regard at its June meeting for consideration by the City Council soon thereafter. /S/ Thomas L. Hedges City Administrator police department 1 �t PATRICK J.GEAGAN \j CMitt Ot PO1Kt I '--------- ■ KENNETH D.ASZMANN , -:_I: l\ t' city of aagan KENNETH D ASZ Capta,n 3830 Pilot Knob Road THOMAS EGAN Eagan, Minnesota 55122 May or Phone: (612)4543900 DAVID ON FAX: (612)454-0718 PAMELA McCREA TIM PAWLENTY THEODOREWACHTER May 10, 1991 `��r Mtm�t„ THOMAS HEDGES Crty Admin iilritor TO: TOM HEDGES, CITY ADMINISTRATOR EUGENE VAN OVERBEKE Gtv G[rk FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: EAGAN POLICE DEPARTMENT STAPP ANALYSIS During the early 1980 ' s, the Eagan Police Department found itself well below national and Minnesota Metropolitan area recommended staff levels. Because of the demonstrated negative impact on our ability to provide police services, the Eagan City Council in the mid to late 1980 's, embarked on a program to bring the department to a level that we would not only provide basic police services, but provide public safety programs that a major suburban community expects. Because of budget constraints in the early 90 's, rapid growth and aging multiple dwelling neighborhoods, the Police Department is again in a position of having to cut services, increase response times and generally reduce the quality of service that we have provided the community through the years. In some areas of our department, the need for staff is critical and, in other areas, this summer, as well as next year are quite likely to cause safety implications for the community and officers. I fully recognize the daunting task and difficult position that my requests place on the Eagan City Council. As your Police Chief, it is important for me to explain the safety issues and reduced services to the community and the department are likely to witness with the current limitations placed on us. It is truly a credit to the men and women of the Eagan Police Department that they have been able to provide the professional and high level of service to the community in these lean financial times. This department will continue to strive for the quality Law Enforcement the citizens of our community have come to. expect. -14,_ fti-ii. ,-. . Patrick J.111 -alga, Chief of P• e PJG: lb THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer 9 AREAS AFFECTED BY SHORTAGE OF PERSONNEL CLERICAL DIVISION • NCIC/CJIS Validation Form. This is to be done on a monthly basis. Because this has not been accomplished for some time, we would not be able to pass the state audit. If you do not return these monthly forms, your "Hot Files" are removed from the computer. • Dispositions We are 11 years behind. At this time, there are problems releasing cases to the public, military recruiters, etc. , in that dispositions are very difficult to locate. We are also having problems releasing evidence. According to the Minnesota Data Privacy Act, we are required to have dispositions on file and accessible. Dispositions at the Court go to archives after one year. • Processing Fingerprint Cards We are 4 months behind in this area. All suspects of gross misdemeanors and felonies are suppose to be fingerprinted, processed and in to the BCA and FBI within two weeks of time of arrest. • False Alarms We are about one month behind in this area. Last year we had to pardon approximately $1, 000 because we were not able to keep up with alarm paperwork. • Typing and Data Entry of Reports We generally run about 2-4 days behind in this area. This makes it difficult to deal with employees and the public requiring information relating to those reports. • Often felony cases are delayed in getting to the County Attorney's Office, because of the delay in typing and data entry. • Information Window Because of clerical workload, we have had to discontinue early evening coverage at the P.D. Information Window. • A short time ago, the Administrative Secretary worked 5 of 7 Saturdays, and with the on-going workload, this will inevitably occur again. Also, one of the Clerical Technicians worked on Easter Sunday to keep current in the Records Section. Areas Affected by Shortage of Personnel Page 2 • Even though the Accreditation Process has been canceled, there is still the need to update the Police Department's Policy and Procedure Manual. This update will involve many hours of preparation, typing, and assembly work for the Clerical Unit. • The Department is currently faced with the dilemma of very little available records storage space. We are quickly filling up what little space is available. Because of the shortage of Clerical Personnel, we have not been able to address the subject of purging old records according to the State of Minnesota record purging guidelines. PATROL DIVISION Our City and Police Department, for many years, has used the ratio of one officer per thousand people to set our staff levels. In an effort to better define Police Department needs, Captain Aszmann and Lieutenant Stevenson attended a Police Department Staff and Analysis Seminar sponsored by the International Chiefs of Police in Minneapolis this past year. Since their attendance, at this session, Lieutenant Stevenson has initiated that process in our department. The following information is the result of that effort: Since November 4 , 1990, our department has been conducting a Workload and Manpower Study. Each Patrol Officer has been tracking his or her time each day. These "Activity Reports", broken down into 120 five minute periods, which correspond to our normally scheduled ten hour work days, are checked daily by the Sergeants. So far, over 3000 "Activity Reports" have been analyzed, accounting for almost 30, 000 employee hours. Although the study tracks many different activities the officers perform, there are two that deserve particularly close attention. The first is known as "Patrol Time". This is the time an officer is performing the patrol activities usually associated with Police Work. These include such diverse things as patrolling parks, residential neighborhoods, and businesses. This is the highly visible patrol time usually associated with our lower crime rates. Most importantly, this is the time the Police Officer is available. to respond when a citizen calls for help. The following example should better illustrate the necessity for Patrol Time. The recommended amount of Patrol Time for an agency our size is 45%. If a citizen dialed '911' because his home was being broken into by burglars, there would only be a 45% chance that the officer working in the neighborhood would be available to respond. There is, however, a 90% probability that an officer somewhere in the city would be able to immediately respond. There could, however, be a considerable time delay. If a citizen reported a violent crime or another type incident that would Areas Affected by Shortage of Personnel Page 3 require the assistance of two Police Officers, we would be able to provide those two officers relatively quickly, in only 45% of the cases. What this means, simply, is that there is a 55% chance that, if a serious offense is reported to the Police Department, an officer will have to leave the call he or she is currently handling and respond to the more serious offense. Our studies also indicate that by 1992, if our Patrol Officers remain at the same level, we will have an officer available to respond to calls, in his or her district, in less than 39% of the time because of projected increased calls. The second "Activity" is known as "Operations Time". "Operations Time" is the time officers spend answering "Calls for Service" . Because the time spent by each officer on such activities as self- initiated criminal-traffic, training, court, and administrative time remains fairly constant, the only way to provide adequate patrol time is to limit the "Operations Time". Since we cannot control the number of calls that are received (we can't tell the citizens to call again later) , we can only increase the number of people available to handle the calls we do receive. The maximum "Operations Time" to maintain this level is around 25%. An Operations Time of 30% is critical and begins to severely affect our ability to respond to calls for help. By the summer of 1991 my projections show we will be well over 31% in operations. By 1992 , at our current staffing level, we will be well over 33%, and in my opinion, we will be facing some real difficulties providing police service to our citizens. Until now, the Police Department has been able to provide an adequate number of officers to "get by", but we are operating at minimum levels. Scheduling has been tight and it is only through the efforts of the Sergeants and the willingness of some Patrol Officers to voluntarily change their schedule that we have been able to provide adequate service. This summer's expected increase in calls is going to be a real problem, which will be seen in decreased response times, shortened initial investigation times resulting in lower clearance rates and an increase in overtime costs. Left unchecked, it will dramatically increase job stress and officer burn-out, as well as having a noticeable affect on the level of service we are able to provide to the community. At this time, I am recommending that throughout the remainder of 1991, we make every effort to keep our staffing of Patrol Officers at or about 29 officers. If we can keep our level at 29 officers, we should be able to maintain an operations level of 27.7% (25% or less is recommended) and keep our available patrol time at 44.2% (a minimum of 45% is recommended) . For 1992, if we were able to increase our Patrol Staff by 4 persons, to 33 officers, our operations level would still climb to 29.6%. As you can see this is approaching the critical level. At the same time, our available Patrol Time would fall to 42.4%. At this time, I would recommend ;"L Areas Affected by Shortage of Personnel • Page 4 that we increase our Patrol Officers from 29 officers to 34 officers which would at least bring us closer to the recommended levels. 34 officers would provide an operations level of 28.7% and an available patrol level of 43 .2%. These are still below the recommended levels, but given the current budgetary conditions, would be a realistic number of officers to adequately do the job. As a means of verifying the above figures, I have also plotted the operations time by day of the week and shift. In my training to do staffing levels, I was taught to establish the bare minimum number of officers it takes to do the job and then build into that number what is known as a "First Officer Loss" factor. Simply stated, as a department approaches the size ours has, on any given day of the week, on any given shift, you can expect that one officer will not be able to report for duty. This could be due to illness, vacation, training, court or a variety of other reasons. Without this "First Officer Loss Factor", it would be necessary to call an officer in on overtime, every time an officer needs an unscheduled day off. In order to provide for this "First Officer Loss Factor", we would need 35 Patrol Officers in 1991 and 39 Patrol Officers in 1992 . The minimum number of officers needed to cover the shifts, without consideration of the "First Officer Loss Factor", is 30 officers in 1991 and 34 officers in 1992 . This would, however, necessitate a great deal of either overtime shifts or pulling officers from districts throughout the city. • We no longer respond to calls as they come in, but are prioritizing them and responding when a unit is available. We have also reduced our 4 squad minimum to 3, in an effort to respond to lack of staff. • We are unable to expand the D.A.R.E. Program into the new District 191 and 196 Elementary Schools and the Tesseract School • We are unable to address the juvenile liaison position in the High School which is of grave concern when our 1990 statistical information shows a 198.2% increase in juvenile contacts. • Our general residential preventive patrol is almost non- existent. • The Police Department, for many years, has had the practice of routinely checking businesses. It is rare that an assigned beat car gets through a complete business check. • During the past year the department responded to 1,700 vehicle lock-outs which we will have to stop. • We will no longer be able to take vacation house checks. t5 NNW Areas Affected by Shortage of Personnel Page 5 SUPERVISION Approximately one year ago John Roszak, the City's Labor Attorney, expressed to me his concern about the fact the Police Department does not have 24 hour supervisory coverage. He felt that the labor employer management issues were very significant when a Senior Officer in the Patrol Labor Group is the only person on duty in the City. ,I have also recently attended a conference where Mr. Cliff Green, from the firm of Popham & Haik spoke on the issues of Police Civil Liability. One of the points he stressed is that, with any department our size, it is imperative to have 24 hours supervision. I recently requested that our City Prosecutor, Kevin Eide, look into the issue of not having 24 hour supervisory coverage and the attached is his opinion. COMMUNICATIONS CENTER The Communication Center has not experienced any personnel increases since 1982 . During that time double-up coverage has increased approximately 25 hours per week. With no increase in communication personnel, we are experiencing difficulty in filling normal shift vacancies, ie; vacations, training, schools, sick time. When long term or unexpected short notice vacancies arise a tremendous strain is placed on existing personnel to fill the vacancies. Concerns have been expressed over "burn out" due to continual filling of shifts on scheduled days off. The Police Department experienced 17, 604 Calls For Service in 1982 and 33,789 Calls For Service in 1990. This represents a 92% increase in Calls For Service with no increase in communication personnel. In addition, the level of "officer safety type calls" has dramatically increased. Officer safety type calls place tremendous strain and responsibility on the Communication Personnel. An example of the kinds of situations that staff shortages create occurred in April. Two Dispatchers were gone on pre-approved vacations when another Dispatcher went out on very short notice sick leave. We were unable to provide normal double up coverage for 36 hours during a six day work period. On Saturday, April 13th, overtime was paid for a clerical person to answer non- emergency phone lines and walk-in window traffic. This was a result of the lack of Dispatch double-up coverage. Approximately 40 hours of overtime, comp. time and regular time was paid to several dispatchers just to maintain minimum coverage. In addition, a vacation request was unable to be granted to a Dispatcher who willingly and regularly fills in to cover other shift vacancies. Personnel shortages will have a major impact on the communication during the next six months. One Dispatcher will be off on maternity leave beginning in late May until early August. Her 14 Areas Affected by Shortage of Personnel Page 6 • return in August will be limited to her normal scheduled five hour shifts. She will not be assuming full responsibility for filling in shifts until after school starts. Another Dispatcher will be retiring at the end of September. This retirement impacts the schedule in several ways. First, there is a large block of vacation the Dispatcher will be using up prior to retirement. Second, she has indicated that she will be unavailable for fill-ins on days off because of moving plans. Third, the issue of advertising, testing, hiring and training needs to be addressed quickly in order to have her replacement available for immediate duty by the end of September. All of these personnel shortages are in addition to the normal vacation requests from the other communication personnel. Regular scheduled time off is going to be severely impacted in addition to the expected over-time costs associated with filling the shifts. Current plans are to provide limited training to a Community Service Officer who was previously dispatch certified with another agency. The hope is to utilize this Community Service Officer for short shift fill-ins in a supportive role rather than full fledged dispatch duties. This will result in less Community Service Officer coverage. In talking with Lead Dispatcher Kathy Bartel, we have identified three options that would help alleviate the on-going personnel shortages. Only one of these options would offer long term and continual relief. The other two options would only be "band aid" relief. The first option would be to replace the current person who is utilized as a Dispatcher "Consultant" . This person currently only works approximately 8-10 hours per month. Her availability for shift fill-in is severely limited due to her current employment and pursuit of future career opportunities. We currently budget $1,700 per year for this person's services. Replacing this person with a part time, 20 hour per week person would cost approximately $16,500 annually. The benefit would be the availability of filling in shifts both for long term absences (ie. maternity) , as well as routine vacations, sick leaves and school training vacancies. A second option would be to replace any future personnel vacancies (retirements, terminations) with job share positions. This option would be feasible with full time positions and probably the 30 hour per week dispatch positions. I don't see this as a viable option for the 20 hour per week dispatch position. The benefit to job share would be having two people available, versus just one, to fill in shift vacancies. The draw back to this option is that there is no way to predict when an opening would be available. Due to existing contract language, current dispatch personnel would have the option of moving into shift openings. Most of the part time people would likely fill any full time opening and upgrade their 20 hour status to the 30 hour position. Therefore, I .don't see a job share position becoming available in the near future. )/4.5°'. Areas Affected by Shortage of Personnel Page 7 The third available option would be to eliminate the four existing part time dispatch positions and add three full time positions to the existing five full time positions. One or two of these new full time positions could be filled by utilizing job share personnel. This would increase the number of communication personnel available to draw upon in times of shortages. In reviewing cost figures supplied by the Finance Department, it appears this could be accomplished at an annual cost of approximately $30, 000 to $35, 000. Restructuring the communication positions would result in a new schedule and the elimination of teams. The new schedule would be more efficient and effective by having built in overlap coverage designed to handle some routine shift vacancies without requiring off duty personnel to fill in as often as they are now. There should also be a savings in the overtime costs compared to what is currently being paid out. I would also eliminate the current dispatch consultant position. I see the third option as the solution to our existing personnel shortages and "burnout" concerns. This option should be addressed immediately prior to advertising for any new openings. If we do not upgrade our part time positions to full time and/or utilize job share, our personnel shortages will continue with no end in sight. It is imperative that a replacement for the retiring dispatcher be hired and training beginning by early July. The normal training period is 3-6 months depending on the person's qualifications and experience. If the hiring and training does not start until the dispatcher retires, we could not maintain adequate communication coverage during the training period, with the existing personnel. It is a top priority to get this replacement personnel hired as soon as possible. Adequate communication coverage is essential to officer safety and to serve the needs of the community. INVESTIGATION At this time, the staffing level of the Investigative Unit is adequate considering the current caseload. However, in mid August we will be losing an Investigator due to maternity leave. This, in conjunction with the typical increase of cases in the Summer and Fall months, will place a very heavy burden on the, Unit's effectiveness. At that time, we would need additional help, preferably a Rotating Investigator. Our only other alternative would be to suspend our Crime Prevention Program and move that Investigator into the Crimes Against Persons Position. Due to normal increase in workload, a Rotating Investigator would undoubtedly add to the effectiveness of the Unit in 1992. 1 C9 Areas Affected by Shortage of Personnel Page 8 SUMMATION OF CRITICAL STAFF NEEDS 1991 Clerical (1) Approved Budget Item 1992 $35, 000 = 8 Full Time 1 Job Share $60, 000 = 1 Sergeant (with benefits) $140, 000 = 4 Police Officers (with benefits) $235, 000 = Approximately $74 .70 per capita °7 GRANNIS, GRANNIS, HAUGE, EIDE, ANDERSON & KELLER, P.A. Attorneys and Counselors at Lau 200 Town Centre Professional Bldg. PAU6 "'AUG" 1260 Yankee Doodle Road MICHAEL.. MAYER VANCE B GRANNIS „P ' Eagan. Minnesota DEBRA E SCHMtCT KEVIN W E.Dt 55121-2201 BARRY L WITTENKELLER DAVID G KELLER NGA T NGUYEN Tri: (61 2)456-9000 WARD R ANDERSON VANCE 9.GRANNIS.SR HENRY E.MUELLER- Of Counsel •Also aamateo:o prac:.ce n Wisconsin Fax '6121 454-4232 •Also corn tleo:o orac:.ce.n hI,no,s May 9, 1991 Chief Patrick Geagan CONFIDENTIAL Eagan Police Department AND 3830 Pilot Knob Road PRIVILEGED Eagan, MN 55122 Re: Liability Concerns Regarding Supervisors Dear Chief Geagan: You have requested our opinion and comments on the civil liability ramifications of your police department either switching to 24 hour supervisory staffing or remaining with the present staffing that does not always have a supervisor on duty. We have discussed this issue with two other attorneys who also provide defense work and advice for the LMCIT. This letter represents a concensus of all of our thoughts. Full time staffing by Sergeants or other supervisors is not strictly necessary, but there is unquestionably more exposure to potential liability if a trained supervisor is not on duty. The City could attempt to adequately make up for the lack of a ranking supervisor in other ways, but those alternatives might cost as much as having a supervisor on duty. The Council should fully and carefully consider all of the factors so that a record is made in public discussion. In any future litigation, the Council's consideration of the economic, social, or political factors will help to preserve the discretionary immunity available under Minnesota law. It is possible, however, for the City to lose its discretionary immunity if it cannot even deliver a basic level of services in a responsible manner. Budget concerns will not justify an inadequate level of training or staffing that might have been cured by minimally adequate training, such as in. recognizing medical problems and in the use of deadly force. We have attached two pages from the recent IWCIT Loss Prevention Workshop materials summarizing four very significant federal civil rights decisions regarding municipal policy and training. We understand that senior Eagan officers who have been placed in charge of a shift without a supervisor may have little or no supervisory training. That lack of training might allow a I • Chief Patrick Geagan Page Two May 9, 1991 • plaintiff to argue that the City has been 'deliberately indifferent' to the rights of its citizens if someone is injured in a way that would not have occurred with adequate supervisory training. In actual cases, it is extremely hard for plaintiffs to prove 'deliberate indifference,' but a complete lack of supervisory training certainly strengthens a plaintiff's position. If the City continues without full time trained and ranking supervisors, a number of countervailing measures should be taken to provide an adequate level of supervision. The City must designate a responsible senior officer on duty as .an acting supervisor, and should have a ranking supervisor on call and available to respond. Training should be provided for any acting supervisors so that the City can demonstrate some minimal level of supervisory competency. Finally, the City should carefully avoid having officers who clearly need supervision, such as rookies and other officers with demonstrated problems, on an unsupervised shift. Having a supervisor on duty can also help with public relations and public perception. If an irate complainant, victim, or defendant is displeased with the actions of a patrol officer, it is often possible for a Sergeant or other supervisor to defuse the situation. A supervisor may provide a more complete or clearer explanation of the law or procedures, or may merely provide another outlet for the upset person to vent his anger. The angry person may not leave the police station smiling, but his discussion with the supervisor may keep him from filing a complaint or going to his lawyer to file a lawsuit over the incident. There are a number of ways to provide shift supervision below the level of Sergeant, such as appointing temporary corporals or acting shift supervisors. However, as we have discussed, you may encounter labor union difficulties that are as significant as the potential liability risks. It is inevitable that the City's staffing costs will somewhat increase regardless of which alternative is chosen, unless the City maintains the status quo, which is not a realistic alternative for either the liability or labor union concerns. • We would be happy to discuss any of the issues of this letter with you if you have any further questions or comments... Very truly yours, • ■4`1,C. c...c) • -7.47 Re in W. Eide Henry E. 4lueller HEN:tj U Attachments 1 2 . The policy and procedure manual of a law enforcement department is considered to be public non-protected data under the Minnesota Data Practices Act (see Appendix C) . , 3 . The policy and procedure manual can be the department's best defense to show that the policies, rules, and/or procedures of law enforcement met the requirements of the law (state and/or federal) 4 . The policy and procedure manual may be admissible into evidence at trial Johnson v. Morris, 445 N.W.2d 563 (Minn. Ct. App. 1989) (County sheriff 's department's policy and procedure manual provisions demonstrated no evidence of a "failure to train" the officer) . Murphy v. City of Minneapolis, 292 N.W.2d 751 (Minn. 1980) (A Minneapolis Police Department standing order governing the use of firearms was properly admitted into evidence) . Robinson v. Memorial General Hospital, 653 P.2d 891 (N.M. Ct. App. 1982 ) (Hospital policy manual concerning hospital services properly admitted into evidence) . C. f. Lockwood v. Baptist Regional Health Services, Inc. , 541 So.2d 731 (Fla. Ct. App. 1989 ) (Plaintiff failed to lay proper foundation for the admission of hospital procedure manual into evidence) ; Tolliver v. City of Sedalia, 752 S.2d 473 (Mo. Ct. App. 1988) (Page of hospital policy and procedure manual inadmissible into evidence, where effective date of page was weeks subsequent to date of incident that was basis of lawsuit. ) . II . Use of The Policy and Procedure Manual in Conjunction With Training Peace Officers A. The history of the legal climate in peace officer training 1 . Monell v. New York City Department of Social Services, 436 U.S. 563, 98 S.Ct. 2018 (1978) The United States Supreme Court, held that municipalities and other local governmental units are "persons" under the civil rights statute (42 U.S.C. S1983) and, therefore, are suable. Also, the Court determined that a municipality and other local governmental units are at fault only when the 8 a 0 9-9 execution of a government policy or custom (evidence of permanent and well-settled practice) causes injury. 2 . City of Oklahoma City v. Tuttle, 471 U.S. 808, 105 S.Ct. 2427 ( 1985) The United States Supreme Court laid the groundwork for a municipality's liability for "failure to train" its employees and/or agents . The Court stated that there must be an affirmative link between the policy of the government and the • alleged injury. Also, the Court held that liability, based on municipal policy, cannot be predicated on a single isolated incident. 3 . Pembauer v. City of Cincinnati, 475 U.S. 469 , 106 S.Ct. 1292 ( 1986) This United States Supreme Court decision provided guidance concerning which training decisions could be deemed to represent a municipality's official policy. The Court held that a single incident can establish "official policy, " if the decision to adopt a specific course of conduct is made by an authorized government decision-maker. 4 . City of Canton v. Harris, 489 U.S. 378. 109 S.Ct. 1197 ( 1989) This decision established the degree of fault a plaintiff must prove; and, it discussed and parameters of liability of a municipality or other local governmental unit for failure to train. The United States Supreme Court held that a municipality or other local governmental unit is liable for failure to train its employees, where the failure to train demonstrates a "deliberate indifference" to the rights of its citizens. The need for training must be obvious to the municipality and the inadequacy in training must be likely to result in injury, to constitute "deliberate indifference." In the situation of deliberate indifference, the failure to train constitutes a municipal policy that is actionable under the federal civil rights statute (42 U.S.C. S1983) . See Lanquirand v. 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We averaged 96.5 initial complaint reports per day . We averaged 17.4 citations per day . We averaged 3 motor vehicle accidents per day . We averaged 2 medical emergencies per day . We averaged 2.6 persons a day in our holding cells (The above is compared to 1989) ,289 . We averaged 78 initial complaint reports per day - . We averaged 15.9 citations per day . We averaged 3 .3 motor vehicle accidents per day . We averaged 2 medical emergencies per day . We averaged 2. 1 persons a day in our holding cells a Total Calls for Service reported in 1990 and percent change from previous year: Year Number Change 1990 35,218 +24% 1989 28,468 + 8% 1988 26,409 + 3% 1987 25,594 +11% 1986 22,976 + 4% 1985 21,958 + 6% 1984 20,738 +13% 1983 17,951 + 2% (C.F.S. totals include all road and driving) EAGAN POLICE DEPARTMENT TOTAL CALLS FOR SERVICE Thousands 40 30 — 2O 10 0 1983 1984 1985 1988 1987 1888 1889 1990 YEAR PART I & II CRIMES Brooklyn Park 9, 026 Coon Rapids 7,327 Bloomington 7,002 Burnsville 5,852 Maplewood 4,359 Eagan 4,332 Roseville 4,227 Minnetonka 3,486 Eden Prairie 3,242 Edina 3,000 Maple Grove 2,559 0 (49 1990 Offense Data and.previous two years Part I Actual Offenses* 1988 1989 1990 Homicide 1 0 0 Rape 12 4 9 Armed Robberies 11 11 9 Aggravated Assaults 27 42 27 Burglary 217 220 221 Larceny/Theft 781 963 1180 Motor Vehicle Theft 56 74 70 Arson 4 6 9 Total Part I 1, 109 1, 320 1,525 Part II Actual Offenses* 1988 1989 1990 Simple Assault 211 231 241 Forgery & Counterfeiting 23 31 32 Fraud 191 213 174 Embezzlement 0 0 0 Stolen Property 6 8 8 Vandalism 474 481 492 Weapons Offenses 3 3 5 Prostitution 0 3 1 Other Sex Offenses 93 67 67 I Narcotics 47 34 32 Gambling 0 0 1 Offenses Against Family/Child 65 105 112 DWI/Aggravated DWI 278 220 270 Liquor Violations 155 142 137 Disorderly Conduct 896 ' 894 962 Other Except Traffic 259 311 263 Total Part II 2,701 2,743 2,797 *Does not include reported calls that were unfounded. Figures obtained from B.C.A. Year End Report. • CHILD ABUSE/CHILD NEGLECT CASES INVESTIGATED: 1985 120 1986 114 1987 162 1988 172 1989 219 1990 215 DRUG TASK FORCE ARRESTS (ADULTS) 1990 23 1989 24 TOTAL SOUTH METRO DRUG TASK FORCE ARRESTS (ALL CITIES) 201. GPO Motor Vehicle Accidents . 1984 1985 1986 1987 1988 1989 1990 Fetals 2 1 0 0 3 3 0 Personal Injury 137 142 134 127 130 175 173 Property Damage 726 789 753 750 946 1022 942 Totals 865 932 887 877 1079 1200 1115 MOTOR VEHICLE ACCIDENTS CITY OF EAGAN - NUMBER OF ACCIDENTS REPORTED 1400 1200 1000 - - iiiiiiII—- ' 1983 1984 1985 1988 1987 1968 1889 1990 ,a�'" YEAR • W e,.----- -•; w C '°'‘ Stolen/Recover Data Total value of property reported stolen for entire calendar year: Year Amount % Change 1990 1,400,286 +22% 1989 1,092,151 +13% 1988 965,958 +23% 1987 748,438 +26% 1986 594,275 +29% 1985 421, 177 + 5% 1984 401, 653 +33% 1983 270, 031 Pam Year Total value of property reported stolen which was recovered for entire calendar year: 1990_ 476, 315 1989 355,504 1988 241, 044 1987 136,285 1986 251,755 1985 62,237 1984 127,199 • 1983 40,249 Figures obtained are from BCA Year End Report. Total Part I and Part II Actual Crimes* and percent change from previous years: Year Number Change 1990 4,322 + 6% 1989 4,063 + 7% 1988 3,810 -10% 1987 4,270 +13% 1986 3,771 +18% 1985 3, 095 - 1% 1984 3,138 +10% 1983 2,837 + 4% *Does not include reported calls that were unfounded. Figures obtained from BCA Year End Report. EAGAN POLICE DEPARTMENT PART I AND II ACTUAL CRIMES 5000 4000 3000 —2000 -1000 - 0 1983 1984 1985 1988 1987 1988 1989 1990 YEAR 3 l SPRINGSTED PUBLIC FINANCE ADVISORS 52: Greve Road 85 East Seventh Place 135 North Pennsylvania Street • SL to' °C Box 37 Suite 100 ' Suite 2015 E T G c.e 53122-0037 Saint Paul,MN 55101-2143 Indianapolis. IN 46204-2498 ,414 782-8222 (612)223-3000 (317)684-6000 Far 4'4 '52.2934 Fax.(612)223-3002 Fax. (317)684-6004 2'39 Secc^c Avenue S E 6800 College Boulevard 222 South Ninth Street Ceoa•Rap c A 52403 1434 Suite 600 Suite 2825 (319; 363 2221 Overland Park.KS 66211-1533 Minneapolis.MN 55402-3368 Fax ;3'9 363-6999 (913)345-8062 (612) 333.9177 Fax:(913)345-1770 Fax.(612)333.2363 April 18, 1991 • c. Mr. Thomas Hedges, Administrator --- Eagan City Hall • 3830 Pilot Knob Road Eagan, MN 55122 Re: Alternative Financing Options for Major Capital Improvements Dear Mr. Hedges: As part of the City's capital improvement program (CIP) development process, we understand that the evaluation of certain major improvements requires an examination of alternative financing options. Major improvements are buildings for recreational services and general City business. Traditionally, the authorization to finance these types of improvements requires referendum approval because the financing is paid predominantly through general property taxes with such annual levies being outside the City's levy limitation. Cities have looked increasingly to new ways to finance these types of capital improvements. Our purpose here is to 'explain some of these alternative financing options and to discuss the pluses and minuses associated with each. The major criteria for consideration of a given option are the referendum approval process, the financing source and that financing source's relationship to the levy limitation. The tax increment financing statute permits the construction of recreational and cultural facilities within the tax increment project area. The project area is that larger geographic area within which tax increment financing revenues can be spent with such area including one or more tax increment financing districts, those areas within which TIF revenues are generated. Two metropolitan area suburbs have constructed community centers using pooled tax increment funds from their TIF districts. It is obvious that in order for this altemative to be viable, sufficient surplus tax increment funds must be available over and above those project costs to be funded from the specific districts. At present, we do not believe this situation now exists in Eagan. The use of TIF monies for construction of community centers does not require referendum approval. As the associated debt service is paid through tax increment funds and not general property taxes, there are usually no associated property tax levies for debt service. If such tax levies were required for debt service, they would be outside of the levy limit given the special levy for debt service. 3 City of Eagan, Minnesota April 18, 1991 Page 2 A number of jurisdictions are also examining the use of lease purchase financing. Lease purchase financing requires the construction of a facility by a public or private entity and the leasing of those facilities to the jurisdiction. We have previously provided a booklet to the City staff describing the financial and public policy considerations regarding lease financing; we would be glad to provide extra copies upon request. The basic mechanism is that some entity, whether public or private, funds the construction costs of the facility with the understanding, through a lease agreement, that the jurisdiction will lease space in the facility. The lease payments are used to fund the total debt service associated with construction of the facility. A key provision of the lease is that lease appropriations are made annually by the jurisdiction and do not constitute a long-term commitment. It is the absence of this long-term commitment which causes the lease not to be considered debt of the jurisdiction and therefore exempt from referendum requirements. The trade-off for this exemption is that, because it is not considered debt of the jurisdiction, these lease payments are within the City's levy limitation and not special levies. As they are within the City's levy limitation, they compete for tax levy dollars with all other municipal services. Recently, an approach has been found which permits the levying of lease payments to the outside of the levy limitation. Several cities have had other governmental entities such as their HRA's, EDA's or Port Authorities finance the construction of the facility through lease revenue bonds. The lease agreement is between the HRA, EDA or Port Authority and the City. The City is responsible to make annual lease payments to those entities which they in turn use for debt service. Because these levies by the City are for debt service of another jurisdiction, they are a special levy of the City and therefore outside of the City's levy limitation. We have obtained a letter from the Department of Revenue, Local Government Division, testifying to the appropriateness of this approach. We recommend strongly that if this option is further pursued that the City request a similar letter from the Department of Revenue specifying the eligibility of these tax levies as special levies. It is our general understanding that in Cities that have pursued these alternative funding options there is a political question associated with not having a referendum to obtain voter approval of the financing. In those cases where it has been successfully used, we understand a comprehensive information program was conducted in order to inform fully the citizens of the project, the need for the project and the financing approach. We would be glad to assist the City in further investigations of these options as well as development of an information program in the event these projects move forward. Please feel free to contact use if we can be of any further assistance. Respectfully, C-31)4v .t I In David N. MacGillivray Senior Vice President mmr 33 SPRINGSTED PUBLIC FINANCE ADVISORS 500 Eir^Grove Road 85 East Seventh Place 135 North Pennsylvania Street S le,0' PO Box 3' Suite 100 Suite 2015 E T G cve.Vr 53122.003' Saint Paul.MN 55101-2143 Indianapolis. IN 462042498 ,414, 7828222 (612) 223-3000 (317)684-6000 Fax 414, 82 2904 Fax.(612)223-3002 Fax (317)684-6004 2-39 Second Avenue S E 6800 College Boulevard 222 South Ninth Street Ceoa• Rapes IA 52403 1434 Suite 600 Suite 2825 9 363 2221 Overland Park KS 6621 1-1 533 Minneapolis.MN 554023368 Fax 3,9 363-6999 (913) 345-8062 (612)333-9177 Fax(913)345 1770 Fax (612)333-2363 May 13, 1991 Mr. Thomas Hedges, City Administrator 3830 Pilot Knob Road Eagan, Minnesota 55122 Mr. Mark Ulfers Dakota County Housing and Redevelopment Authority 2496 - 145th Street West Rosemount, Minnesota 55068 Re: Financing of an Ice Arena Dear Sirs: You have asked for an evaluation of the financing options available directly to the City or available with the cooperation of the Dakota County H.R.A. for the development of an ice arena in the City of Eagan. This memo has been prepared jointly with Christine Chale of Holmes & Graven and is intended to provide a brief outline of the financing options that are available for this purpose. The options are discussed here and summarized on the chart attached. Except as specifically noted, each option assumes that operating revenue is sufficient to pay operating expenses of the facility. Cash: The City can, of course, employ available cash on hand to construct the facility. This option does not require that debt be incurred, but has the obvious effect of reducing funds on hand and will compete with other City demands for available capital. City G.O.: Alternatively,the City can issue general obligation (property tax supported) bonds to construct the facility. Authorization for the issuance of general obligation bonds must be acquired through a general referendum. Passage of such a referendum- will permit the issuance of bonds and the levying of taxes outside of levy limits in an amount sufficient to pay debt service. City G.O. Tax Increment: Provided that tax increment will be available to pay at least 20% of the debt service incurred, the City can issue general obligation backed tax increment bonds to construct the facility. That portion of the debt service not covered by tax increment can be levied for outside of levy limits. Certain provisions of law dealing with establishment of districts and permitted application of tax increment must be adhered to. Through the course of our • 3 May 13, 1991 Page 2 discussions we were not made aware of any current sources of tax increment applicable to this purpose, but present it as a financing means otherwise available. Sales Tax: There has been an increase in the number of Minnesota communities that have pursued local option sales tax as a means of financing capital projects. The cities of Rochester and Minneapolis have current authorization for local option sales tax and Rochester (an extension), Mankato, and North Mankato are seeking authorization in session this year. If authority were to be sought and received the ice arena could be financed directly by the City or through the H.R.A. General obligation powers could be sought as a means of providing cost effective credit support to reduce borrowing costs. County H:R.A.: If blight findings can be made relative to the proposed site, the County H.R.A. could construct the ice arena as a development project and issue its bonds to support that effort. The facility would be leased to and operated by the City. Under current legislative authority and concurrence of the Department of Revenue, the City could levy for support of the lease payments outside of levy limits as a payment to support obligations of another governmental unit. Upon payment of the final lease payment, ownership of the arena would be conveyed to the City. The H.R.A. would assume no financial responsibility for the lease payments or operation of the facility. Determination of the existence of blight is critical to this financing option and will, of course, depend on the site selected. It should be noted that some uncertainty has been expressed as to whether the property adjacent to City Hall will meet the blight criteria. This issue will require additional study. Economic Development Authority: Statute permits the establishment of an E.D.A. to carry out development efforts within the City. The Authority is a separate governmental unit and has bond issuing capabilities. It would be able to issue bonds secured by a lease agreement with the City. City payments under the lease are considered payments made in support of obligations of another governmental unit and can be made outside of levy limits. Alternatively, the H.R.A. could seek E.D.A. powers legislatively and issue the bonds as well. The H.R.A. does not have E.D.A. powers under current legislation. Port Authority: To obtain port authority powers, the City would have to seek legislative authorization, but port powers are broad and include the issuance of City general obligation bonds if consent of the City is received. Payments for debt service under this option would be made from general property tax levies and the levies would be outside of levy limitations. Gross Revenue - A & B: Either the City or the H.R.A. could issue gross revenue bonds supported by revenue generated by the facility. To be marketable, it must be demonstrated that the gross revenue is adequate to cover debt service, provide a coverage margin, and operate the facility. In the event that revenues are not adequate for these purpose, other money must be identified to assure the bondholder that the facility can be operated. Neither of the two options create the ability of the City to generate any additional levy.authority, so cash needs would have to be met from other available funds. One option provided by statute in this type of financing presents the City with the ability to conduct a referendum allowing a levy to support operation of the facility. If additional funds are required and such a referendum must be conducted, we are of the opinion that the more cost effective route would be to conduct the referendum for the construction of the facility instead, thereby securing general obligation bonding authority and reducing issuance and debt service costs compared to these options. You may recall that our earlier discussions dealt also with the possibility of financing the facility through the use of either a 501(c)(4) or a 501(c)(3) entity. Upon further evaluation, we have May 13, 1991 Page 3 eliminated these options from consideration as unduly complicated and producing results that can be achieved more efficiently through other financing options. We have also eliminated the H.R.A. lease option because credit requirements for an annual appropriation disqualify the lease as a "revenue agreement", making it impossible to meet those requirements within the authorizing legislation. Obviously, there a numerous options available to the City. Please call either Dave MacGillivray, Chris Chale or myself if you have questions or would like additional information. Sincerely, _ — Kathleen A. Aho Senior Vice President cc: Dave MacGillivray Chris Chale 3 (40 Q _ $ m m m r. i y V C . C ` < m iE m c C S O a , i m « aT A yi 5 - 0 m 5G a C p C m t 0 m a c E . E c 6 c -4 6 m - c -6 c g m i E s • o g 5 c § ! f $ 8- E t y E t E -, E ° a' t g L g = e 2B / 21 ; m C m .Q ' & AaA r ; i r N �' = C < < a E c a E C c 000 = a s• o U .r N m Q • E p 2 p 2 m 2 .1z -a ? ' E - = a Q f co•Cl) a . 6 a O W 0 r a ca. a c jo LU ...• > iIIIIflfl ii ` v v v v v v v v v v rr v + Q W . Z >. >. _A _> >. < < < 0 000 0 U I w I U U U . — —. —. — — — -. w V < < v r < Cl) • U U U Q = w < 0 U = co I I acn w• Z LLI N N N Cl) N N N Cl) co co X m c >. >. >. >. �. a+ >. >• a 2 X ' Q < LL . o L 2 cc LLI IL m m a Cl) m m N t. m CO mte W J S a r v . v a C .-. r r O & i 8 2 t. li:. t. t. t. I. I, 0 us 0 J _ M _ ... C co O b C W O p � p � p g C o. O W m m co C9 < m < m Z c, F- x ¢ U o > t J0 co p oo H _ ' V Q Q m c W r C9 C7 N c < i < co a N z. m 3 p r p p Z' } at _ _ as O O 2 2 m U 1- UUU a) 0 ui a 0 0 a. 3 .1.17 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: MAY 13, 1991 SUBJECT: ICE ARENA/POOL FINANCING CONSIDERATIONS To help facilitate the City Council's discussion regarding the Recreational Advisory Committee's recommendation to build an ice arena and outdoor swimming pool, we are attempting to define and delineate a series of questions regarding the financing. These questions,while taken out of context of the overall five year Capital Improvement Program, should also be applied to the other needs identified in that draft document. To the extent that the same revenue sources will need to be utilized in other areas of the CIP, if the facilities are constructed, the questions should be answered keeping the larger picture in mind. The questioning process we have identified as a possibility goes as follows: • I. Facility 1. Ice and Pool? Yes No 2. Ice Only? Yes No II. Financing Questions 1. Is a property tax levy acceptable? A. After a successful referendum B. For debt payment to an outside agency C. AorB Yes No 2. Should there be a referendum? Yes No 3. Should the referendum be for the total cost? Yes _ No 3F 4. If a referendum is not used to finance the total cost, the following have been identified as possible revenue sources. Are they acceptable? A. Community Investment Fund Yes or No B. Outside Finance Agency Yes or No C. Donations/Contributions Yes or No D. Reallocation of Current Expenditures Yes or No 5. If the Community Investment Fund is utilized, which of the following are acceptable? A. Principal Contribution Yes or _ B. Financing Stream for Borrowing Yes or No C. Combination of A & B Yes or No In certain circumstances, the outside financing agency would eliminate the referendum requirement. The revenue stream would then have to be identified with the likely options being a tax levy, the Community Investment Fund or a reallocation of current expenditures. There are a number of factors influencing the answers to these questions and, of course, a number of financing combinations that could be put together from the options. Since the community center referendum failed on February 14, 1989,the City has considered a private developer's proposal to build an ice arena in conjunction with a commercial shopping center. For a number of reasons, the developer's proposal was not pursued beyond April, 1990. As a result, the Recreational Advisory Committee was formed to study the feasibility of building an ice arena as a City facility. The community Recreational Advisory Committee is recommending that the City build an ice arena and outdoor swimming pool facility to provide recreational opportunities for all ages, mainly our youth. The estimated cost for a J oint facility is approximately $5.5 million,,reflected in the draft five (5) year CIP. Due to an uncertain economy, increasing property taxes combined with a � ) Y Y► g P PertY desire for an ice arena facility, City Council consideration must include many factors. Some of those factors in no particular order are included. The first assumption recognizes the St. Paul YMCA's interest in acquiring land and constructing a YMCA branch in the City of Eagan. This facility would include a gymnasium, meeting rooms, an indoor running track and a swimming pool. With the exception of ice, these components were all proposed as a part of the original community center. Assuming the YMCA facility is constructed, possibly on City property, the City could focus on an ice arena, excluding the outdoor swimming pool for the time being. Another part of this assumption is reducing the capital project funding. 31 The rationale for considering a bond referendum is simple, to ask the voters, through a formal voting forum, whether the City Council should commit the community to any additional general obligation debt and the potential of a general service delivery subsidy for operations. The rationale for considering the construction of an ice arena without a bond referendum relates to the desire by the City Council to proceed and construct an ice arena that would be available for community use in the fall of 1992. Community input is important and can be achieved through various means such as newsletter surveys, community presentations, public hearings and other methods of community assessment. The $2 million that was unanimously supported by the City Council in 1989 for the purpose of lowering the debt obligation for the community center referendum could still be used. According to the community investment fund ordinance, the City can borrow the principal of $2 million to $2.5 million to finance an ice arena. Another option is to cap the dollar commitment from the community investment fund as a City contribution to the ice arena project at $1 million, $1.5 million or $2 million. The remaining match would be presented as a challenge to the community and corporate community if this option were considered. There are choices available to the City Council but the public policy question remains as to the method of financing. Recently, the City committed $1 million to a senior housing project that represents less than 1% of its constituents. Yet senior housing was determined as an important community need and unallocated dollars from a $20 million single family bond issue were appropriated for that purpose. An ice arena facility in conjunction with a YMCA would provide activities for all ages but mainly youth sponsored programs for a much greater community constituency. Public relations analysis explaining the impact on general fund operations, the use of community investment fund dollars and a master plan addressing all the other community needs for the total five-year CIP is essential regardless of which method of funding the City Council should select for further consideration of an ice arena facility. If it is the Recreational Advisory Committee and City Council's desire to have an ice arena available for use in the fall of 1992 it would be necessary to select the source of funding and proceed with a time table for the project. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERIC VANOVERBEIE - DATE: APRIL 2, 1991 SUBJECT: COMMUNITY INVESTMENT FUND ORDINANCE When the Community Investment Fund Ordinance was presented at the March 19, 1991 City Council meeting, I understand the subdivision regarding expenditure limitations was modified to allow for the use of principal before 1993. I am confused as to the intent and am therefore having trouble writing the modified ordinance. The ordinance was presented as follows: Subd. 3 . Expenditure Limitations. A. Expenditures from the fund shall be made solely from accumulated investment earnings until 1993 . In 1993 and beyond, expenditures shall be made only from accumulated investment earnings whenever possible. B. In 1993 and beyond, expenditures may be made from principal but may not exceed an amount greater than the equivalent of the fund 's investment earnings for the prior two consecutive years. If expenditures from principal are made, either they must be structured as a loan to repay the principal, or no further expenditures of any kind may be made from the fund until investment earnings have reestablished the principal at an amount equal to that existing before the expenditures plus ten percent of the investment earnings that would have been earned per year if the principal had not been reduced. This was intended to not allow any expenditure of principal in 1991 or 1992 . In 1993 and beyond principal could be used under the following conditions: 1. The expenditure could not exceed the amount of the interest earnings for the two (2) previous years (1991 and 1992) 2. The principal amount used would be a loan and require repayment or no further expenditures of any kind could be made until interest earnings had reestablished the principal including the 10% lost interest earnings. At this point, I am confused if the modification has to do with the dates or with the concept or both. One change to eliminate the dates would be to write the subdivision as follows: ORDINANCE APRIL 2, 1991 PAGE TWO Subd. 3. Expenditure Limitations. Expenditures may be made from principal , but may not exceed an amount greater than the equivalent of the fund's investment earnings for the prior two consecutive years. In 1991 the limitation is based on what the earnings would have been if the fund existed in 1989 and 1990. In 1992 the limitation is the same estimate for 1990 and actual earnings for 1991. If expenditures from principal are made, either they must be structured as a loan to repay the principal, or no further expenditures of any kind may be made from the fund until investment earnings have reestablished the principal at an amount equal to that existing before the expenditures plus ten percent of the investment earnings that would have been earned per year if the principal had not been reduced. This writing would allow immediate use of principal but that use would remain subject to the same conditions as previously noted. That is to say it would be restricted as to amount and be subject to repayment or fund operations would cease until the principal were replenished. If the desired change is to allow for use of the principal without date or amount limitations, then the subdivision should be eliminated altogether. The effect of the elimination of the subdivision will be to introduce a great deal of uncertainty into the use of the fund because the revenue stream from interest earnings which are based on principal balance and interest rate will be reduced if and when principal is used. The fund would then become a method of dealing with the current balance but would do little if anything to preserve it over the long term. Finally, if the intention is to incorporate the expenditure limitations but to delay their application until some future date, the effect will be to simply delay the implementation of the fund. That is true because the amount of principal to be spent and not placed into the fund operation will not be known during that time period. Therefore, it is unknown what size if any revenue stream will exist from future interest earnings. I apologize for the difficulty I an having in getting this ordinance to reflect the Council's desires and I would appreciate your assistance in clarifying it for me. A complete copy in more formal ordinance style is attached for your reference. Zmt13 Financ Director/City Clerk Attachment EJV/j eh • ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY ADDING SECTION 2.79 REGARDING COMMUNITY INVESTMENT FUND; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 2 . is hereby amended by adding Sec. 2 .79, to read as follows: SEC. 2 . 79 . COMMUNITY INVESTMENT FUND. Subd. 1. Fund Created. There is hereby created a separate fund to be designated as the Community Investment Fund. This fund shall be maintained in the official City records and administered by the Finance Director in accordance with the provisions of this section. All surplus moneys in the Consolidated Debt Service Bond Fund which remain after the costs of each improvement have been fully funded, and which • are not transferred to another separate improvement fund, shall be transferred to the Community Investment Fund. In addition, the following shall be deposited in this fund: A. All collections of special assessments and taxes levied for the payment of the costs of an improvement which are received after the improvement costs have been fully funded. B. Investment earnings generated by the moneys in the Community Investment Fund, and C. Any other moneys appropriated by the City Council or donated for the purpose of the fund. The principal of the fund shall consist of all transfers from the . Consolidated Debt Service Bond Fund, subsequent • collections of special assessments and taxes levied for the payment of the costs of an improvement which are received after the improvement costs have been fully funded, and other moneys appropriated or donated to the the fund. In addition, the principal shall be increased annually by an amount equal to ten percent of the investment earnings generated by the fund in the previous year. The remaining investment earnings shall not accrue to the principal and shall forever be treated as investment earnings available for expenditure in accordance with this section. (425 Subd. 2 . Purpose of Fund. This fund shall be used solely to pay the capital costs and limited start up operational costs of projects of general benefit to the City of Eagan. Subd. 3. Expenditure Limitations. A. Expenditures from the fund shall be made solely from • accumulated investment earnings until 1993. In 1993 and beyond, expenditures shall be made only from accumulated investment earnings whenever possible. B. In 1993 and beyond expenditures may be made from principal, but may not exceed an amount greater than the equivalent of the fund's investment earnings for the prior two consecutive years. If expenditures from principal are made, either they must be structured as a loan to repay the principal, or no further expenditures of any kind may be made from the fund until investment earnings have reestablished the principal at an amount equal to that existing before the expenditures plus ten percent of the investment earnings that would have been earned per year if the principal had not been reduced. Subd. 4 . Funding Preference. Expenditures from the fund for competing projects shall be granted in the following order of preference: A. First Priority: Projects which can be funded within the amount of the available investment earnings. B. Second Priority: Projects using expenditures from principal funds which have the capacity to repay the principal amount borrowed. C. Third Priority: Projects using expenditure from principal funds which have no other reasonable funding source, are nonrevenue producing, require significant funding, and will provide otherwise unattainable community benefit. Subd. 5. Funding Procedure. Expenditures from the fund may be made only after compliance with the following procedure: A. The project to be funded must have been included for at least two years in the City's formally-adopted capital improvement program. t(4 B. The City Council must hold a public hearing on whether • the proposed project should be funded. Notice specifying the date, time and place of the hearing, the project to be funded, and the amount of funding must be published at least ten days before the hearing in the City's official newspaper. In addition, efforts shall be made to give notice to the Community. The public hearing must be held on two separate days at least 30 days apart. The date and time of the second meeting shall be announced at the first. C. The City Council must make the following findings which shall be incorporated into an adopted resolution: 1. The project has sufficient community-wide benefit as determined by a review of its intended users, the degree to which it addresses a community-wide need or problem, and its consistency with other City goals, programs or policies. • 2 . The project to be funded would be unlikely to occur but for the use of the Community Investment Fund. 3 . The Community Investment Fund is not replacing funding from another previously programmed or available source. 4 . The project has been included in at least two consecutive formally-approved capital improvement programs applicable after 1993. 5. If principal is used, the project has the ability to reasonably repay the funds, and use of the principal does not exceed the equivalent of the last two years' investment earnings from the Community Investment Fund. 6. An estimate of the ongoing annual operating and maintenance costs has been made and the source(s) for paying such costs identified. D. If any of the findings in subparagraph C. of this subdivision cannot be made and the project meets the • expenditure limitations imposed in the Expenditure Limitations Subdivision, expenditures may be made from the fund only after the affirmative vote of at least four Council members. • ((--) Subd. 6. Administrative Expenditures. The limitations imposed in the sections above shall not apply to reasonable expenses necessary for the administration of the Community Investment Fund. Subd. 7. Amendments. No amendments may be made to subparagraph B. of the Expenditures Limitations Subdivision except upon the affirmative vote of all five members of the Council. No other amendments to this chapter may be made except upon the affirmative vote of at least four members of the Council. Section 2. Eagan. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" " and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: March 19, 1991 Date Ordinance Published in the Legal Newspaper: • 444° a3 — _ ^ - e i Vc Vc VD 'c N VD VD i • ill Zcg L' . E-, IX O C.. _ so VC N N N N 10 N N VP c c 5 3 S c c .c r. 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A E Q = to) 1113 g ; i .T.: .� w � ' .E $ i _ 0 so 8 I _ � � r° ii a a gm] (0 0 V .W = _ `V c 'R s � - I a h. c V _ V c To et et — E C. C 8 c = • Ii O. eAP a t4 TS ! o z E E ! S es v I i MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 28, 1991 SUBJECT: SPECIAL MEETING/WORKSHOP SESSION RELATIVE TO DAKOTA COUNTY SOLID WASTE MANAGEMENT STRATEGY At its regular meeting of March 19, 1991, the City Council accepted a County invitation to meet in a workshop session to review background concerning the County's solid waste management plan in general and its decision to include a mass burn incinerator as a part of that plan in particular. A special meeting was set for 4 :00 p.m. preceding the regular City Council meeting on April 2, 1991 for purposes of hearing this presentation and discussing its implications with County representatives. Based upon issues raised at the March 19 City Council meeting and other comments by City Councilmembers, the County has been asked to include discussion of the following issues in their presentation: 1. What mandates, timeframes and circumstances require the County to incorporate incineration as a key feature of their waste management strategy? 2 . What are other counties in the metropolitan area and State are doing and how do their realities relate to or differ from those in Dakota County? 3 . What are the implications of the Dakota County Solid Waste Generation and Characterization Study? 4 . How has the County addressed and responded to issues raised in the City of Eagan 1990 resolution in this regard? 5. How has the County addressed and responded to issues raised by Dakota County Citizens Against Burning? With respect to these issues and others to be reviewed by the County, the enclosed packet of information has been provided by the County staff. While the pages are not numbered, the packet generally consists of the following items: 1. Dakota County Solid Waste Generation and Characterization Study Executive Summary--A copy of this document was previously distributed to the City Council and a copy is enclosed with this information in the event that any of the previously distributed copies are not available. The report is laid out in bullet and graphic form to facilitate your review of some fairly extensive and involved information. 2. Comparison of Options for Pre-sorting Municipal Solid Waste Prior to Combustion--The study was undertaken by Dakota County to review the potential for integration of centralized separation as a complement to the curbside recycling programs. This is one of the requests in the City's 1990 resolution and the Council may wish to review the anticipated costs to incorporate this alternative prior to mass burning. Despite the cost analysis, the study recommends that a design for the resource recovery facility allow sufficient space for potential front end processing in the future if it becomes feasible or necessary. An executive summary is included in the first three pages of this document. 3 . Resource Recovery Facility Background Information--In the left pocket of the folder, you will find background information concerning the resource recovery facility and its anticipated impacts. This information is provided in summary form as the environmental statement and other reviews are extremely extensive. If the Councilmembers wish additional information regarding particular issues or documents, staff can request those of the County. 4. Recycling Information--In the right pocket of the folder, you will find background information relative to the County's recycling and yardwaste efforts to date. Since preparation of the packets, the County forwarded two additional items whish are attached to this memorandum. Enclosed on page , you will find a comparison of metropolitan recycling rates showing Dakota County to be the highest recycling county on a per capita basis ine seven county metro area. Also enclosed on pages through 4, is a copy of article from the Burnsville Current forwarded by the County relative to Burnsville City Council 's decision not to take any position with respect to the incinerator moratorium or the proposed landfill moratorium being discussed in the Legislature. In terms of format, it is anticipated that County Commissioner Chapdelaine will introduce representatives of the Dakota County staff to review the enclosed information as well as additional background and graphic information concerning questions raised above. Because the meeting is formatted as a workshop, the Council is encouraged to utilize this opportunity to get its questions answered concerning the County process to date, the County's decision making process on incineration and the future of recycling and other waste management strategies. This is a public meeting and it is anticipated that representatives of Dakota County Citizens Against Burning will be present. In order to facilitate the exchange of information, it is suggested that the County make its presentation, that the Council ask questions concerning the information presented in the matter in general, after which the public may also ask questions concerning the presentation. This item is scheduled as the first item of Old Business on Tuesday evening's agenda and, as such, it is recommended that any debate of the relative merits of this issue be withheld until that business item. This format is intended to encourage a free flow of information within the workshop setting while allowing sufficient time for public debate during the regular Council meeting. If any Councilmember has questions concerning the information provided or the arrangements for Tuesday's work session, please contact staff. City Administrator • Attachments TLH/vmd 3 w 0 z , , U } • o • 0 U � CO "cr / / , , // 7/%A*?-%," ',//',/, / / co .._ — Crco / / A /-0 -7,/%4'(Wz• • '4V; / • • -d L1.1 Lo 0 •• IhI l Oi I i t q l ',IAO lift�i .2 a , l i r-4 " + I I a te 41 > Z rdl 2., gg P8V4stsC Agit; t 1/ dl aht tti 91.1191g 0 a Picsbigro. 61.)i 41.1111 olip 4 Ei ›. .7.41 -411b 1 •1_, • . g DA" 1 i IA A.§ OE I 4OH1 al .t1114 . 0 al .2 r ig I co" q Ille IfAl 1•,,,,,, a tomlIihib •'"� n.E.1 rip:A .1. 1.0123,010 C ":1 10. .S.A 9:i36 V-81 i le 4") 1T4 M. IL .51 c..) .. • • . ed : ... 03.6 . .2.. . i i:i (1) • . 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CE) HOC g I3 • 1 z • .,......lflill Frailiggyllillit 61 ii3 ,1!11.4.in 2 ‘::) £00 2110 lid3S N2i31S3P9—AINIlO0 t—_.._.. y 60 i6i8Zi£0 PRIVILEGED AND CONFIDENTIAL MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 1, 1991 SUBJECT: UPDATE/CABLE TV NORTH CENTRAL/CITIES OF BURNSVILLE AND EAGAN AND JOINT CABLE COMMISSION LITIGATION A meeting was held on Monday, April 1, 1991 at the Burnsville City Hall with Tom Creighton and a litigator, S. Todd Rapp, who is also an attorney with Tom Creighton's law firm, Bernick & Lifson. Also present were the City Attorneys for Burnsville and Eagan and appropriate staff for the Cities of Burnsville and Eagan. The firm of Popham & Haik has recognized the pending conflict issue and therefore has been replaced as legal counsel for Cable TV North Central in this case. Cable TV North Central has hired the firm of Robbins, Kaplan, Miller & Cirisi to represent their interest in the pending litigation. The League of Minnesota Cities' insurance trust has asked the firm of Jardine, Logan and O'Brien to review the case and specifically use Pierre Regnier of that firm as legal counsel in this regard. The City Attorneys for Eagan and Burnsville are planning to address the League's insurance trust and ask that the firm of Bernick & Lifson be retained due to the continuity Tom Creighton can provide this pending litigation. This is consistent with both the Cities of Burnsville and Eagan. To the extent that any costs are not covered by the Cities' insurance carriers, costs for legal or out-of-pocket expenses will be billed to the cable/franchise fees. According to both Tom Creighton and S. Todd Rapp, this case could have national ramifications and will likely require extensive research, documentation and time to defend. Mr. Rapp explained the case, stressing the point that the issue of replacement of equipment is considered basic litigation and should be reviewed as a single contractual complaint by the courts. He will argue that Cable TV North Central has stretched the suit into nine categories of which five are constitutional arguments when, in fact, basic law requires administrative relief for certain actions before judicial relief is enacted. This interpretation may be reason for a dismissal. Mr. Rapp also indicated that nothing has happened causing Cable TV North Central 's claim to be prospective. In other words, how can a contractual dispute warrant a constitutional argument. He further stated that declaratory issues are to be determined by the courts in a quite narrow manner, specifically regarding replacement. • Judge Rosenbaum has been assigned the case and Earl Cudd is the Magistrate. n J City Adm . strator TLH/vmd