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01/21/1992 - City Council Regular GUTAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA AGENDA MUNICIPAL CENTER BUILDING JANUARY 21, 1992 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) \ A. GENERAL ADMINISTRATION P, 1. Erosion Control and Street Cleaning Surcharge n 2. 1992 Lions Club City Map IV. 6:55 - CONSENT AGENDA (PINK) p 1 A. PERSONNEL ITEMS (NC`'` I •�, B. LICENSES, Plumbers iii,, C. LICENSE, On-Sale Beer, James Ezzell/Piccolo's, 4162 Pilot Knob Road ;3) D. LICENSE, Tree Contractor, A.C. Tree ,3E. APPLICATION, Recycling Program, Dakota County Special Assistance Grant �r�� REQUEST, Minnesota Department of Natural Resources, Funding for 1992 Deer Sui'�ey ,L/ G. PURCHASE, Police Department, 1992 Squad Cars III Li/ H. AMENDMENT, 1992 Tax Increment Financing Policy 6.1 I. DISPOSITION of Surplus Property, Fire Department PROJECT 625, Authorize Feasibility Report (Lexington Pointe Parkway - Streets & Utilities) 111K. RETIREMENT, Police Department K-9 AL. CONTRACT 91-11, Approve Plans/Authorize Plans for Bids (Well ##16 - Pump House & Ilq Pumping Facilities) 4' H. T)EST( NATTON of Re+Rulntnry Agency for Wntlani ConanrvAt-inn Enforcement lyjd. PROJECT 592, Set Public Hearing & Authorize Notice for Reassessment, Paul & Nancy Brooks (Willmus Addition - Lift Station & Storm Sewer) V. 7:00 - 1992 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS (GREY) f.(30A. Advisory Commission pi34 D. Legal Newspaper Appointments (Residents) )15(i E. City Council Meetings gyp, 1,3cB. WHO Appointments 1" 131 F. Standing Committee ' 13) C. Acting Mayor i Appointments (Council) VI. 7:00 - PUBLIC HEARINGS (SALMON) There are no public hearings. VII. OLD BUSINESS (ORCHID) e 3 A. REVIEW and Discuss Proposed Amendment to Seneca Development Agreement , 1st B. RECONSIDERATION of Project Designation for 1992 Block Grant Funds 'v-v + (< C. EXTENSION, Preliminary Plat for Stryker Addition, Located along Beau De Rue Drive and/ Rahn Road in the NE 1/4 of Sec 19 D t6 GA D. SELECTION of Architect for Proposed Ice Arena/Outdoor Swimming Pool Project VIII. NEW BUSINESS (TAN) ft) i1ak. VARIANCE, Doug Pietsch/Pietsch Builders, Inc. , of 10' to the Required 30' Setback fro' Public Right-of-Way for Lot 22, Block 2, Eagan Royale, Located in the SE 1/4 of Sec 31 1 B. VARIANCE, Tom Yehle, of 3' to the Required 10' Sideyard Setback for 4722 Beacon Hill Road, Lot 34, Block 6, Beacon Hill Addition, Located in the NW 1/4 of Sec 33 IX. ADDITIONAL ITEMS (GOLD) ('C\ A. STIPULATION of Settlement/EHW Properties, Project 524 (Johnny Cake Ridge Road Assessments) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. EXECUTIVE SESSION XIII. ADJOURNMENT • • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 16, 1992 SUBJECT: AGENDA INFORMATION FOR THE JANUARY 21, 1992 CITY COUNCIL MEETING After approval is given to the January 21, 1992 City Council agenda and the regular meeting minutes for the January 7, 1992 meeting, the following items are in order for consideration.HEAD DEPAIMENT ................................................................................................ ............................................................................................... ................................................................................................ A. GENERAL ADMINISTRATION Ite 1. Erosion Control and Street Cleaning Surcharge--Enclosed on pages �-through i is a memorandum relative to the erosion control and street cleaning surcharge • discussed as a part of the budget process for 1991. At that time, the City Council requested additional analysis with respect to expansion of the surcharge to grading permits and information with respect to the best means of applying a surcharge. The memorandum outlines the two principal means by which the surcharge could apply, either to building and grading permits or to lots at the time of platting and grading permits. The principal difference between these two alternatives is whether or not a surcharge could be received from the current lot inventory or only from newly platted lots. Since either approach could be equally feasible and appropriate, it is up to the City Council whether or not to apply it at the time of building permit since there are a substantial number of lots which still could contribute to erosion and street cleaning problems or only apply to newly platted lots in the future. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny implementation of the erosion control and street cleaning surcharge in the amount of $25 applied either: 1) to all building, expansion and grading permits or 2) to all lots at the time of platting and grading permits as presented. . qk 9,11?' _ < I" \,,,,.r' s • q� of ��pp��.,,? ,.1, A '' w * tO'' % .r. ly,' e h M E M O R A N D U M TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JANUARY 14, 1992 • SUBJECT: EROSION CONTROL AND STREET CLEANING $25 SURCHARGE - ISSUES AND IMPLEMENTATION This memo is a follow up to our discussion at the Management Meeting of January 6, 1992 regarding the Erosion Control Surcharge which was proposed as a part of the 1991 Budget Process and was previously considered by the City Council, including a discussion at the November 27, 1990 Special City Council Meeting, a copy of the minutes of which is attached. Background By way of background, the purpose of the surcharge was to provide a funding mechanism to offset the costs the City incurs in the clean up of sediment and debris on City streets associated with building activity. While the City does have financial guarantees and securities during the development phase of projects, the City is not permitted to use them to pay for such clean up activities because they typically require prompt attention and a default must occur and be declared to use the financial guarantee. In addition, problems often arise after the development phase, during the construction of the home itself as basements are dug and finish grading is done before turf establishment occurs. At such times, it has proven difficult, if not impossible to bill and collect from builders or anyone else. There are also circumstances where erosion occurs from more than one lot making allocation of cost difficult. Issues Based upon the minutes, it appears that the Council had given a favorable response to the surcharge concept and had requested additional clarification with respect to implementation. In particular, a question remained with respect to the application of the surcharge at issuance of building and grading permits or upon platting of new subdivisions. A margin note indicates that direction was given to exclude remodeling permits and other permits which do not pose substantial threats of erosion or street debris. The two implementation approaches discussed at the Management Meeting were to apply the surcharge to all residential and commercial building permits and grading permits or to apply the surcharge to all residential and commercial lots at the time of platting. The principal difference between these two approaches would be the cost of debris maintenance and street cleaning associated with our existing lot inventory. The relative merits of the building permit approach is that it can • be implemented immediately on all lots which may contribute to the problem, including those in inventory. It also places the collection of the fee closer to the responsible parties in the case of post development erosion. A concern has been raised, however, that there are many costs collected at the time of building permit and that this would add marginally to that burden. On the other hand, the per lot approach would be a requirement of plat. As such, it would increase the subdivision costs and be built into the lot price along with other development costs. While this would be virtually as effective as the alternative, the net cost to the homeowner would be the same, while no revenue would be received from previously platted lots. Even if this approach is approved, it would still be advisable to apply a surcharge to grading permits as well. It does not appear that the options substantially differ on the costs of implementation or ease of application. ACTION REQUESTED OF THE CITY COUNCIL: To approve or deny implementation of the Erosion Control and Street Cleaning surcharge in the amount of $25 applied either: 1) To all building, expansion and grading permits or 2) To all lots at the time of platting and grading permits. This surcharge would be implemented on the first of the month following such approval. • As 'istant to the City Administrator • 3 �-- Page 2/Special Council Meeting November 27, 1990 • Other topics that were discussed jointly by the City Council and members of the Planning Commission were outside retail sales such as Super America stations and the installation of exit sign c on the freeways that would identify certain services that are available within the community. STORM WATER UTILITY BUDGET City Administrator Hedges presented the proposed 1991 storm water utility budget stating that a great deal of planning went into this public enterprise fund given the fact that calendar year 1991 is the first • full budget cycle for the new storm water drainage program. He stated that there are certain start up costs that relate to the first year of operations and, further, that the goal of the 1991 budget was to realocate certain operating costs in the general fund to the new storm water drainage fund. There were questions raised by the City Council on the proposed$25 surcharge to new building permits and the capital which includes a boat,motor and trailer and vehicle. City Administrator Hedges stated that the capital equipment relates directly to the start up costs and explained reasons the equipment was budgeted for 1991. City Councilmembers further discussed the proposed$25 surcharge and asked that the Director of Public Works and City Administrator consider expanding the surcharge to include grading permits. There was no final decision as to whether the $25 surcharge should apply to all building permits, each lot with new plats, and/or grading permits. The surcharge is a revenue source used to offset street sweeping costs incurred by the City as a direct result of cleaning up debris on city streets caused by residential,commercial,and industrial / construction. The City Administrator stated that the proposed surcharge would be further discussed with the Director of Community Development with a recommendation forthcoming to the City Council. • The City Administrator also reviewed a summary of the Five Year Capital Improvements Program, additional language that expands the purpose and source of community investment funds and other topics relative to the 1991 budget and Five Year Capital Improvements Program. There is no official action or direction given or required on any of these items. The City Administrator stated that the staff will provide additional information for City Council review as it pertains to both the five year CIP and Community Investment Fund. OTHER BUSINESS There being no otheY business, the meeting was adjourned at approximately 9:00 p.m. TLII November 27, 1990 N o Dated City Clerk • Agenda Information Memo • January 21, 1992 City Council Meeting Item 2. 1992 Lions Club City Map Project --As a public service, the Eagan Lions Club has annually sponsored the printing of the City map. City Administrator Hedges has been in charge of this project as a Lions Club member. Advertisers are solicited for the map and their fees, in the past, have covered the cost of printing and realized a profit for the Lions Club which they, in turn, donate to the City for special projects. Eagan engineering, parks and administration staff produce the updates to the map itself (new streets, parks information, etc.) under the coordination of Administrative Assistant Witt and Assistant to the City Administrator Duffy. 30,000 maps are ordered and produced each year. About 18,000 of the maps are delivered by the Volunteer Fire Department with the new phone books each year. The rest are distributed at the front counter of the municipal center throughout the year to new and prospective residents and to people doing business or considering doing business in Eagan. Due to current economic conditions, it has become more and more difficult to obtain advertisers. Last year, the advertising fees barely covered the cost of printing. This year, we have only been able to obtain commitments from six advertisers at $400 each for a total of $2400. The low bid to print the maps was $4209.45, leaving a difference of $1809.45. The Lions Club has indicated that it does not wish to sponsor the map if they lose money. • Therefore, we are faced with a choice of printing the map with the City picking up the difference or of not printing a map for 1992. Administrative Assistant Witt requested quotes for the map project and the successful bidder was Roger Kippley of Silver Bell printing. He is anxious to begin the project because of the tight time frame involved. ACTION TO BE CONSIDERED ON THIS ITEM: To approve City expenses of $1809.45 to make up the difference in costs to print the map or to cancel the 1992 City of Eagan map. • Agenda Information Memo • January 21, 1992 City Council Meeting There are fourteen (14) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Car Allowance-- Consideration of the 1992 car allowances was continued from the January 7, 1992 City Council meeting to allow staff to provide additional information and to provide answers to the questions that were raised. The car allowance/car use policy currently in effect was approved by the City Council at a regular meeting held on February 7, 1989. A copy of that policy, which covers pa ent of miles e, take-home vehicles and department head options, is included on pages through . . During the summer and fall of 1988, a great deal of work was done on this policy by department heads and others to formulate the recommendation as adopted by the City Council. Various options were • studied, insurance matters were reviewed and other communities were surveyed. As is noted in the policy, department heads, by virtue of their job responsibility, were provided options over and above mileage and limited take-home vehicles. In addition to those two options, department heads were given the choice of being able to use a City vehicle for personal use (under certain conditions) or receive a flat monthly car allowance. The City pays all vehicle expenses on the take-home vehicles while the employees pay all expenses on their vehicles if they receive allowances. The net effect of the policy as approved by the City Council was to provide more of a benefit to department heads than was available to other employees, while maintaining payroll integrity and overall fairness and equity. Since certain department heads already had take-home vehicles, the dollar amount of the car allowances was intended to provide equity among all department heads. There was a recognition that different employees used vehicles in differing amounts; consequently, three different car allowance rates were set. Because of the specialized nature of the equipment,the Fire Chief and Chief of Police were required to take City vehicles and could not utilize the car allowance option. The Director of Public Works and the Director of Parks&Recreation,both of whom had take-home cars, exercised the option to keep them with the added availability for personal use. The Director of Community Development and Director of Finance selected car allowances and the City Administrator exercised continuation of his car allowance. • Agenda Information Memo January 21, 1992 City Council Meeting • It should be noted that all miles driven for personal use, including commuting in the take- home vehicles and the total amouint of the car allowances, is ordinary income to the recipient and is reported on W-2 s. The car allowance income may be offset by expenses to a certain extent when filing incoi ie tax returns per applicable IRS regulations. With approval of this policy,the 1989 car allowances were set and they have been adjusted annually at about the same percentage as salaries since that time. The following table illustrates the approved and proposed 1992 rates as budgeted: ty Director of Director of Year Increase : • _;_';I . • Community Dev Finance 1989 - $41$).00 $250.00 $200.00 1990 4% $426.40 $260.00 $208.00 1991 4% $44$.46 $270.40 $216.32 1992* 2.75% $455.66 $277.84 $222.27 *1992 Proposed If the City Council would like to further review a change in this policy, additional consideration could be given to the car allowance policy as a part of the 1993 budget process. Also continued was the consideration for the 1992 mileage rate for use of personal vehicles. The IRS approved rate for 1992 is now known and is 28 cents per mile. It is recommended that the City reimbursement rate b* set at 28 cents per mile consistent with the IRS rate. ACTION TO BE CONSIDERED ON THIS ITEM: To approve increasing the car allowances for the City Administrator, Director of Finance and Director of Community Development by 2.75% for calendat year 1992 and to approve increasing the amount paid for mileage in 1992 to 28 cents. CAR ALLOWANCE/CAR USE POLICY 411 1-24-89 The City has determined that the use of City vehicles and reimbursement for use of personal vehicles shall be controlled by this policy. I. All employees of the City, except those being paid a car allowance, will be paid flat mileage for use of personal vehicles while conducting official City business. The mileage rate will be as set by the City Council. II. City employees who provide services with a need to respond directly to a work-related situation from their residence will be provided a take-home vehicle under the following conditions: 1. The employee must live in the City of Eagan. 2. The vehicle is not available for personal use (except de minimis) other than commuting to and from work. 3 . Employees will be reported to have non-cash income per controlling IRS regulations. 4 . Vehicles will be marked and licensed as appropriate for City use. III. Department Heads by virtue of their job responsibility are provided the following options at their discretion upon approval by the City Administrator: A. I or II above B. A flat monthly car allowance with the following conditions: 1. The car allowance covers all business miles driven and all parking costs incurred within the seven-county metropolitan area. 2. City vehicles are to be used only in emergencies when the personal vehicle is not available. 3. Employees are responsible for all costs related to vehicle ownership and operation. 4. Car allowances rates are as established by the City Council. • C. Take home vehicle available for personal use with the . following condjtions: 1. Vehicles are licensed with passenger plates and contain nc external markings as City vehicles. 2. Vehicles are to be used by employees secondarily to personal/family vehicles. 3. Vehicles { an be used for personal activities within th*seven county metropolitan area if the personal activity directly follows and/or precedes Official City business. 4. Only City employees are authorized to drive the vehicles. 5. Employees must provide evidence that they have a personal automobile insurance policy. 6. At the time requested, employees must report annually ito the Finance Department the total number of miles driven for personal use. I I Agenda Information Memo January 21, 1992 City Council Meeting Item 2. Seasonal Winter Recreation Leader -- Due to workers returning to school and illnesses, Recreation Supervisor Oyanagi is recommending the hiring of an additional seasonal winter recreation leader substitute. The person he is recommending is Kelly Hagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Kelly Hagan . as a seasonal winter recreation leader substitute for the remainder of the winter recreation season. Item 3. Seasonal Preschool Program Assistants -- After interviews, it is the recommendation of Recreation Supervisor Nowariak that Gerine Pongratz and Sharon Starnes be hired as seasonal preschool program assistants. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Gerine Pongratz and Sharon Starnes as seasonal preschool program assistants. Item 4. Employee Assistance Program-- In 1990, the City made a request for proposals for the provision of an employee assistance program (EAP) for calendar year 1991. At that time, Health Counseling Services was the low proposer and the contract was awarded to di them. The City has been satisfied with their services. For 1992,Health Counseling Services is proposing to provide the EAP for City of Eagan employees for the same rate as in 1991, $12 per employee per year. It is the recommendation of Assistant to the City Administrator Duffy that this contract be approved. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a contract with Health Counseling Services to provide the Employee Assistance Program for 1992 for City of Eagan employees as described. Item 5. Resignation/Assistant Director of Finance -- The City has received a letter of resignation from Assistant Director of Finance Ken Damlo effective February 28, 1992. At this time, it would be appropriate to accept the letter of resignation and to approve advertising to fill the vacancy. A copy of Mr. Damlo's letter is enclosed on page 1 1 for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Assistant Director of Finance Ken Damlo and to approve advertising to fill the vacancy. • fI • • TO: GENE VANOVERBEKE, FINANCE DIRECTOR/CITY CLERK FROM: KEN DAMLO, ASSISTANT FINANCE DIRECTOR { DATE: NOVEMBER 11, 1991 Please consider this my le ter of resignation from my position as Assistant Finance Director for the City o Eagan. To accommodate an orderl transition, I am proposing my last day of employment to be February 28, 19 2. If circumstances change where I would leave sooner, I will provide two week notice. I am making this change fir personal reasons and to pursue other career interests. I have greatly enjoyed working for the .City of Eagan, and wish to thank the City, its management and employees for the opportunities that have been provided to me. ./ ..t.' fa"-ljt9 i ! r 1 • Agenda Information Memo • January 21, 1992 City Council Meeting Item 6. Resignation/Police Dispatcher—The City has received a letter of resignation from Police Dispatcher Lois M.Gould. Ms.Gould's family is moving out of the Metro area. The City hired a dispatcher during the past year. At that time, a hiring list was established in case another vacancy occurred. In order to fill the vacancy, Chief of Police Geagan, Lieutenant Swanson and Assistant to the City Administrator Duffy recommend that the two persons remaining on the hiring list be contacted to determine if they wish to take the upcoming opening. If not, they are reques ' approval to advertise the position. A copy of Ms. Gould's letter is enclosed on page ) for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Police Dispatcher Gould and to approve contacting the two persons remaining on the hiring list concerning the vacancy. If neither is interested, to approve advertising the vacancy. • • police department PATRICK r bcome Chiei of Holies KENNETH D.ASZMANN • 1. ._-rkt« city of aacpa KENNETH .ASZM 3830 Pilot Knob Road THOMAS EGAN Eagan,Minnesota 55122 M yor Phone:(612)454-3900 FAX: (612)454-0718 DAVID K.GUSTAFSON PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS A S HEDGES 'uEv EUGENE VAN OVERBEKE City Clerk 1 January, 1992 Dear Chief Geagan, It is with mixed a otiotis that I'm writing this letter of resignation. Through the years I have made some very good friends and have enjoyed working with than. I have learned much and have gained a lot of experience. Though I will miss my friends, I hope to keep in touch. I an very much looking forward to new experiences, new location, etc. Unfortunately, the moving process and selling the house are not on • the list of new things I'm looking forward to. My resignation will bejeffective April 2, 1992. I an requesting vacation from Mach 5 - 26. Sincerely, 671,24‹ //7. , ('?44-..e Lois M. Gould cc: Kathy Bartel Rick Swanson } `3 THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMM N f r Equal Opportunity/Affirmative Action Employer } Agenda Information Memo 4111 January 21, 1992 City Council Meeting Item 7. Submission of Pay Equity Implementation Report to the Department of Employee Relations --As the Council is aware,in 1984 the state legislature passed a bill requiring pay equity for employees of local governments. In 1988, the legislature established a pay equity implementation deadline of December 31, 1991. Then in 1990, the legislature acted to require each local government to submit an implementation report to the Department of Employee Relations (DOER) by January 31, 1992 to serve as the basis to determine whether or not the local government was in compliance with the requirements of the pay equity law. The figures in the report were;o be based op e government's pay rates as of December 31, 1991. Enclosed on pages S through is a memo from Assistant to the City Administrator Duffy explaining the requirements for the report in more detail. Also enclosed for the Council's information under separate cover is a copy of the pay equity implementation report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the report as presented, to direct staff to send and post the required notices to bargaining representatives and employees prior to submitting the report to the Department of Employee Relations, and to direct staff to submit the report to the Department of Employee Relations prior to the deadline of January 31, 1992. 1 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE' CITY ADMINISTRATOR DUFFY • DATE: JANUARY 15, 1992' SUBJECT: PAY EQUITY IMP NTATION REPORT background In 1984, the Minnesota islature passed a bill requiring pay equity for employees of ocal governments: cities, counties, school districts and other . The law required local jurisdictions to establish equitable compensation relationships between female- dominated„ male-dominated;l and balanced classes of employees in order to eliminate sex-based wage disparities in public employment in the State of Minnesota. "Equitable compensation relationship" meant that the compensation for female-dominated classes was not consistently below the compensation for male-dominated classes of comparable work value within the political subdivision. The law required each local government to evaluate jobs, analyze pay, and develop and rep rt on an implementation plan to the Department of Employee Relations. Each jurisdiction was to use a job evaluation system to determine comparable work value for jobs in that jurisdiction. then the jurisdiction was to identify classes for which a copensation inequity existed based on i comparable work value and to design a plan to remove those inequities. The City of Eagan joined with approximately 150 other jurisdictions in the State of Minnesota in conjunction with Control Data Business Advisors to develop a job; program which was based on evaluating or valuing allitasks performed in a job. After the development of the program all jobs (not individual employees and not performance) at the City of Eagan were evaluated. When the job point values and compensation levels for the jobs at the City of.. Eagan were compared, pay levels for female-dominated classes were found to be consistently bellow those of the male-dominated classes. This also was the case in an overwhelming majority of other cities in the state. In late 1986, the City Council approved a system to implement pay equity at the City of agan. The system was based on the establishment of the City' first formal salary compensation plan, which created salary range for job classifications here. The pay equity system also allocat pay equity compensation adjustments in five stages: in October f 1986, January and July of 1987, and January and July of 1988. The adjustments were intended to bring those employees whose compensation was below the indicated pay equity level on the compensation plan to that level. The City of Eagan was among the very ,first cities in the state to begin to implement a pay equity program. III i l In 1988, the legislature acted to establish a pay equity implementation deadline of December 31, 1991 and penalties for jurisdictions which failed to comply with the law. In 1990, the legislature acted to require each local government to submit an implementation report to the Department of Employee Relations (DOER) by January 31, 1992 to serve as the basis for the compliance determination. The final report was to be based on the jurisdiction's payroll as of December 31, 1991. In 1991, the legislature acted to give DOER rule making authority to determine compliance. Those rules have been formulated and have, in essence, received approval from an administrative law judge. Originally DOER was going to make a scattergram of each jurisdiction's job values and compensation. The scattergram would plot male classes (M) , female classes (F) and balanced classes (B) according to each class's point value and maximum salary. Then a representative of DOER would look at the scattergram to determine if female jobs were consistently paid at a level below male jobs. If so, the jurisdiction would be out of compliance. As a point of information, Eagan asked DOER to look at its scattergram in late 1990 and DOER declared Eagan in compliance at that time. However, many entities objected to this approach because it was too subjective and asked for a more objective, statistical approach. DOER then developed, during 1991, a very complex computer program which analyzed each jurisdiction's information. Again, Eagan asked for a preliminary evaluation of pay equity compliance using the • computer program. The results of that computer analysis found the City in compliance with the pay equity act. After the reports are submitted to DOER, DOER will analyze each and notify each jurisdiction as to whether or not it is in compliance with the requirements of the law. Because preliminary evaluations have found Eagan in compliance, I will not discuss in great detail the process if a jurisdiction is found not to be in compliance. Briefly, DOER must notify the jurisdiction and the legislature that the jurisdiction has been found not to be in compliance. The jurisdiction must then post notices informing its employees of this. The jurisdiction then has a period of time to either appeal or come into compliance. If, after that time, the jurisdiction is found not to be incompliance, a fine will be assessed consisting of an amount equivalent to five percent of the aid otherwise payable for calendar year 1992 or an amount equivalent to $100 a day, whichever is larger. Pay Equity Compliance Report, As stated, by January 31, 1992, the City of Eagan must submit to DOER a report based on the City's actual compensation ranges as of December 31, 1991. I would have had the report to you earlier, but we did not receive the official forms from DOER until January 10. The following are the basic legal requirements for the report: 2 ' R42 1 { 1. The City Council mustlapprove the report. 2. The report must inc de a statement signed by the chief • elected official veri ying that employees have been noticed that the report is lic data. To accomplish this, the jurisdiction must sen a notice to each exclusive bargaining representative of the 'urisdiction and must post the notice in a prominent location a cessible to all employees. The notices must be sent and post before the report is submitted to the department and must r ain posted for at least 90 days after the report is submitted to DOER. The notices must provide a statement that the{ jurisdiction has submitted its implementation report to DOER as required by the Local Government Pay EquitylAct and a statement that the report is public information available to anyone requesting this information. 1 3. The report must include information by iob class. In other words, no matter howlmany employees are included in a job class, that job class receives only one point value. At the City of Eagan, therefore many classes containing only one employee, such as City Administrator, Director of Public Works, Streets/Equipment Superintendent, MIS Coordinator, Planning Aide, Animal Warden, etc. There are also many job classes which contain more than one employee and, in some cases, many more than ne employee. For example, classes such as Maintenance Worker Clerical Tech III, Secretary V, Police Officer, Investigat , Sergeant, Recreation Supervisor, III Utilities Supervisor, etc. , have a single job value based on the average of time spent on tasks by all workers in the class. This is especially true where compensation levels are set by bargaining agr ements for a class. In other words, in the appropriate brgaining agreement, there is one compensation level fo a Clerical Tech III, for a Maintenance Worker and for Polie Officer; therefore, there is one job value for that class.; 1 4. The information whichlmust be reported by job class includes: a. Class Title (fort every position at the City which lasts more than 67 working day during the year. Therefore, we must report some of our seasonal and temporary jobs as well as the re ar jobs. ) b. Number of Male ployees c. Number of Female Employees d. Whether the clas is male-dominated, female-dominated, or balanced. (In o der to be declared a balanced class, no more than 70% o the occupants of a traditionally male- dominated class ay be male and no more than 80% of the occupants of a aditionally female-dominated class may be female. The efore, in spite of the fact we have a number of femal Police Officers, that class is male- 3 I i dominated. ' However, because 2 of 8 Police Investigators are female, that class is balanced. ) e. The comparable job value (points) . f. The minimum and maximum monthly compensation for each class. The figures as reported are taken from the City Council approved compensation plan for non-collective bargaining employees which was established because of and in order to come into conformance with the pay equity law and from the various collective bargaining agreements which have also been approved by the Council. (For the Council's information, the rules require that the amount - of City contribution toward health insurance be included in the minimum and maximum monthly compensation figures as stated on the report if all employees are not eligible for the same amount of City contribution. Because temporary and seasonal employees are not eligible for health insurance at Eagan, the City must include the - amount of City contribution for health insurance for which every person in the class is eligible as a part of the compensation reported. We have included it in the amount of compensation as reported in the attached report. Therefore, the amount of $262.76 per month has been added to the actual salary figure for all regular employees. Normally, salary figures do not include these amounts. ) g. - The years to reach the maximum salary. h. Longevity and/or performance pay. 5. The jurisdiction must report its total annual payroll for the year ending December 31, 1991. Conclusion In order to comply with the legal requirements to submit a pay equity implementation report to the Department of Employee Relations (DOER) by January 31, 1992, it is necessary that the City Council take the following action at the January 21, 1992 regular meeting: 1. To approve the report as presented. 2. To direct staff to send and post the required notices to bargaining representative and employees prior to submitting the report to the Department of Employee Relations. 3. To submit the report to the Department of Employee Relations prior to the deadline of January 31, 1992. If you have any questions or require any further information, please contact me. 0 Assistant to the Cit Administrator 4 7 ■ Agenda Information Memo January 21, 1992 City Council Meeting • Item 8. Reclassification of Certain Independent Contractor? to Temporary or Seasonal Employee Status -- Enforcement of gulations regarding the classification of"independent contractors" have been changing. It has come to our attention that a number of "independent contractors" used by I City of Eagan should more correctly be classified as temporary or seasonal employees. nclosed on pages e?U through a is a copy of a memo f r o m Assistant to the C i t y - • I I•I• trator Duffy reporting both the results of her study of "independent contractor" positio s . at the City of Eagan and also the recommendations of the City Administrator, departm- 8t heads and herself regarding the reclassification of certain of these positions to temporary or seasonal employee status. No positions would be reclassified to permanent status due to the uncertain economic conditions facing the City's budget. There would be no indicati n to the present contractors that the positions would become permanent. Even if, at a la er date, the Council did decide to make one or more of the temporary positions perm ent, the current temporary employee would not automatically become the permane t employee but would have to compete against all applicants for the new position as is i the procedure here at the City of Eagan. 1 ACTION TO BE CONSIDERED Ol THIS ITEM: To reclassify the Recycling Coordinator to temporary full-time employee status,the Cable Television Technicians to temporary part- time employee status, the Contract puilding Inspector(s) to seasonal employee status, the Fire Inspector to temporary full-time;employee status,the Sign Inspector to temporary part- time employee status,and the substitte Dispatcher to temporary part-time employee status. 0 \°\ MEMO TO: CITY ADMINISTRATOR HEDGES • FROM: ASSISTANT TO THE CITY ADMINISTRATOR DUFFY DATE: JANUARY 15, 1992 SUBJECT: INDEPENDENT CONTRACTOR VS. EMPLOYEE STATUS Background It has recently come to our attention that both the Internal Revenue Service on a national level and the Minnesota Department of Jobs and Training on a more local level have been actively auditing employers to determine whether persons retained as "independent contractors" are really independent contractors or should be regarded as employees. The investigations are motivated by perceived loss of income tax on the one hand and unemployment payments on the other. In addition, worker's compensation entities can also become involved if an employer should be contributing toward workers' compensation insurance but is not. If so-called "independent contractors" are found to actually be employees, the employer is not only liable for back taxes but also a stiff fine. Therefore, I undertook a study of the persons the City of Eagan classifies as "independent contractors" to determine, in each case, as far as possible whether the contractor involved is actually a contractor or should be reclassified as an employee. In most cases, actual businesses or individuals who are legally incorporated can be regarded as independent contractors. The results of that study have been discussed with you and with the department heads. It is the consensus of all involved that the following recommendations should be made to the City Council in order that there be no confusion as to the status of a position. In cases where it is recommended a current contractor should be • redesignated as an employee, the designation will be for an employee of seasonal or temporary status. Criteria for Determining Independent Contractor Status Unfortunately, the criteria for determining independent contractor vs. employee status are not as clear for all positions as they could be. In some cases, there is no clear cut answer. However, the following are the criteria used in audits to determine whether an employment relationship exists. After examining the criteria, if most of the factors point toward independent contractor status, that status can be fairly safely assumed and vice versa. The problem arises when there is no clear cut indication. 1 1. Control of the Means and Kanner of Performance is the ([ost Important, ?actor in Determining Whether a Person is an • Independent Contractor. In general, an independent contractor is hired for a specific job which is not part of the employing unit's normal business and the end results are all the employing unit has control over, not .when and how the work is done. If the employing unit (City of Eagan) does the following, the person should be regarded as an employee: a. The individual is required to comply with detailed instructions regarding how, when and where he or she is to work. b. The way the individual performs the work is supervised by an employee of the employing unit during the process of the work. The employing unit requires the worker to undergo performance appraisals or to submit regular oral or written reports regarding the method in which services have been performed. c. The employing unit requires that work which could be done elsewhere be performed on the employer's premises. d. The individual must personally render the service and may not hire a substitute or assistants without the employing unit's knowledge or consent. e. The relationship between the employing unit and the • individual is continuous and involves ' frequently recurring work. f. Establishment of set hours of work by the employing unit. g. The employing unit requires attendance at training meetings, department or division meetings. h. The individual must devote full time (or a major portion.. of full time) to the employer's activity. If a person receives more than 50% of his or her revenue from one employer, it is a possible indication of employee status. i. The employing unit furnishes the tools, materials, equipment, supplies, furniture which the individual uses. j . The employing unit pays the individual's business, travel, training, licenses, and/or meeting expenses. h. The employing unit furnishes the individual with business cards or identification badges with the employing unit's and individual's names on them. 2 e4 s 2. Discharge: An employer generally has no right to discharge an independent contractor when the end result meets contract specifications. 3. Availability to Public: An individual who makes his or her services available to the general public is more likely to be an independent contractor. This means someone who performs like work for more than one employing unit and who advertises for and/or solicits that type of work. 4. Compensation: If the individual is paid on a per job basis rather than on a per hour basis, he or she is more likely to be an independent contractor. 5. Realization of Profit or Loss/Substantial Investment: If the individual is in a position to realize a profit or suffer a loss as a result of his or her services, he or she is more likely to be an independent contractor. For instance, if the person has spent money for advertising, for equipment, for licenses, for an office, for employees, for supplies, etc. , that person could suffer a loss if not retained. 6. Responsibility: An employment relationship is indicated if the employing unit is responsible for the negligence, personal behavior, and work actions of an individual in contact with customers and the general public during times that services 411 are performed for the employing unit. 7. Services Performed: An employment relationship is indicated where services provided are necessary to the fundamental business purposes for which the employing entity exists. 8. High Skill: Higher skill activities infer IC status. These would include doctors, lawyers, accountants, engineers, architects, etc. Lower skill activities infer employee status, such as laborers, delivery persons, attendants, etc. City of Eagan Positions The following is a breakdown by department of individuals currently retained as independent contractors and an analysis of each. I have not included any companies through which we contract work. This means that the law firms, auditors, consulting engineering, consulting planning firms, etc. , are not included. Also not included are the cleaning services, snowplowing businesses, temporary agencies and recreation officials leagues with which we contract. In all these instances, we pay a firm or organization which in turn pays its employees. 411 3 1. Administration: a. Recycling Coordinator: Although the person in this position is a professional, the City supervises the ongoing work of this person; provides an office, office furniture, computer, printer, and all supplies for the person; pays the person by the hour; sets the hours of work; supplies a City vehicle or pays mileage; provides training; requests attendance at staff meetings; supplies City of Eagan business cards; supplies City of Eagan stationery; and the person receives 100% of her revenue from the City of Eagan. As you can see, most of the criteria point towards employee status, and it would be almost impossible to redesign the position so that it would meet a majority of the contractor criteria. There is presently adequate funding for this position. However, because of the uncertain economic climate, especially for local jurisdictions, it is not certain that the funding will continue to be available. As a temporary employee, this person would not be eligible for benefits but would qualify for PERA. Recommendation: As of January 16, 1992, the position of Recycling Coordinator should be classified as a temporary full-time employee of the City of Eagan. b. Cable Television Technicians: These are the people who operate the cable television equipment during Council and commission meetings. The persons in these positions work approximately 14 hours per month. Because of the nature of their services, a high level of skill (such as a lawyer or a doctor has) is not required. They work specific hours on City of Eagan and City of Burnsville property with equipment supplied by the cities. The cities have direct control as to how the programs are broadcast. These persons are paid by the hour. These positions have been studied by the Cable Communications Board and Coordinator. They have also been studied by the Personnel Directors of both Burnsville and Eagan. It is their unanimous recommendation that these positions be classified as part-time employees. Recommendation: Retroactive to January 1, 1992, the positions of cable television technicians should be classified as part-time employees of the City of Eagan. Because of the small amount of hours worked, they would not be eligible for PERA and would not receive any City benefits such as vacation, holidays, sick leave, and insurance. 4 • 2. Community Development: a. Building Inspector: The City generally contracts with one or more persons to conduct building inspections during seasons when there are more inspections required than can be handled by permanent staff. The persons so contracted with have a high degree of skill/experience in the building professions; however, they are not required to be licensed building inspectors. They also perform work which is part of the regular operations of the City and which is also performed by actual employees of the City. In addition, the City requires them to be present practically every day at specific times during the appropriate seasons, instructs them as to which inspections to conduct and at what specific time and, most importantly, closely supervises the manner in which the inspections are conducted. The contract inspectors are provided with office space and supplies. The City sends them to training sessions and professional meetings at the City's expense. However, the contract inspectors do use their own vehicles and are responsible for their own transportation expenses. They are paid by the hour. During the time these persons work for the City,, the City probably provides their entire income. As you can see, most of the criteria point towards employee status, and it would be almost impossible to redesign the position(s) 4 so that it would meet a majority of the contractor criteria. Recommendation: As of January 16, 1992, the positions so described should be reclassified as seasonal building inspector(s) , much as we hire seasonal maintenance workers, weed inspectors, etc. The positions would not receive benefits because they would be seasonal. They could, however, depending on the length of the season, be eligible for PERA. b. Electrical Inspector: This position is probably a true independent contractor position because the City does not. schedule the inspections, the contractor does; the City pays the inspector by the inspection; the inspector works out of his own office; the City does not supervise the method by which inspections are performed; and the contractor provides like services for other municipalities and private businesses. Recommendation: The Electrical Inspector is an independent contractor and no action is necessary. c. Fire Inspector: This position has been working 40 hours a week, 52 weeks a year. The City supplies office space, equipment, and supplies. The person is directly 5 C;2- (4 supervised by the City as to what tasks he performs and how he performs them. He does drive his own vehicle and is responsible for his transportation expenses. As with 410 building inspectors, the City pays for training and professional meetings. The person is paid by the hour. As you can see,; most of the criteria point towards employee status, and it would be almost impossible to redesign the position(s) so that it would meet a majority of the contractor criteria. This is not, however, a seasonal position such as the present contract building inspector position. Fire inspections take , place all year around. Again, because of the uncertain economic climate, especially for local jurisdictions, it is not certain that the funding will continue to be available for this position. However, the allotment for this one full-time position has already recently been reduced from one full-time and one half- time. Therefore, this position should be reclassified as a temporary full-time employee. As a temporary employee, this person would not be eligible for benefits but would qualify for PERK. Recommendation: As of January 16, 1992, this position should be reclassified as a temporary full-time position. d. Sign Inspector: Currently, this position is 20 hours per week. The person is given office space, supplies and • equipment. Transportation expenses are paid. This position is directly supervised by City staff. As you can see, most of the criteria point towards employee status, and it would be almost impossible to redesign the position(s) so that it would meet a majority of the contractor criteria. Again, because of the uncertain economic climate, if this position is to remain at the City, it should be reclassified as temporary part-time. Recommendation: As of January 16, 1992, this position should be reclasSified as a temporary part-time position. 3. Finance: a. Assessment System Consultants This person is a CPA, does work for other businesses/jurisdictions, supplies his own computer, sets his own work hours and works at his office except for times he needs City records or to talk to city staff. Recommendation: This person is an independent contractor and no action is required. 6 D 4. Police: a. Substitute Dispatcher: Occasionally, there are times when it has been necessary to schedule an ex-dispatcher to perform dispatching duties with the City. This person is used infrequently. However, when here, the person is supervised as the other dispatchers are, and works on City equipment at City assigned times. Because of the nature of the work, it would not be feasible to redesign the position to that of a contractor. Recommendation: As of January 16, 1992, this position should be reclassified as temporary part-time. No benefits would be necessary and, because of the small amount of hours worked, PERA also probably would not be necessary. 4. Parks & Recreation: The Parks & Recreation Department has used contracts to hire many of their instructors and officials for Parks & Recreation programs. In general, professionals who are paid by the pupil or game and who also teach/officiate for other jurisdictions can probably be considered independent contractors. The City does not supervise the teaching or officiating and does not supply their equipment. For 1992, the following are the planned independent contractor positions: Baby Sitting Clinic Instruction (contract with the Fire Auxiliary, not an individual) , Cross Country Ski Instructor, Dog Obedience Instructor, Game Officials (contract with officials' organization, not individuals) , Golf Instructor, Ice Skating Instructor, Speedskating Instructor and Sports Camp Instructors. All other positions are currently seasonal. Conclusion In many cases, independent contractors are paid more than employees because they are responsible for their own employer's share of FICA and Medicare and their transportation expenses, among other things. If positions are reclassified as employees, it will be necessary to set a new and lower compensation rate for the positions to allow for the City's contribution to FICA and Medicare, to PERA and for transportation. Current so-called independent contractors would then have a choice of whether to remain with the City as temporary/seasonal employees at the new rate or not. -- f p.1 Assistant t the Cit Administrator Agenda Infotmation Memo January 21, 1992 City Council Meeting Item 9. Compensation Adjustment/Police Lieutenants/Deputy Chief/Chief-- It has been the policy of the City of Eagan that supervisors receive a higher level of compensation than those employees they supervise. The City's compensation system is designed to reflect approximately an 8% differential. An exact 8% differential is not always possible because of differences in steps reflecting different years of service, awarding overtime to non- supervisory employees and, in the case of the police department, "cashing in" of compensatory time earned. Most supervisors do not earn overtime and are paid the same compensation no matter how many hours a week they work. However, it has been the policy that supervisors not make less than the employees they supervise. After the sergeants' collective bargaining agreement was settled in 1990, an adjustment was made to the compensation rates of the lieutenants and captain. This adjustment was overlooked in 1991, probably due to the very complicated and late settlement of the bargaining agreement for 1990/1991 with the police association. After reviewing the total compensation received by the sergeants and lieutenants for 1991,it has been discovered that the lieutenants' gross compensation was only 1% over the average of that of the sergeants and the lieutenants actually earned less than one of the sergeants. Therefore, it is the recommendation of City Administrator Hedges that the 1991 compensation for lieutenants be adjusted retroactively to a figure approximately 4% above the average compensation of the sergeants. No adjustment is required for the deputy chief or chief. Very conservative projections have been made concerning the gross compensation which will be earned by the sergeants in 1992.! Indeed, it is quite possible they will earn more. The figures take into consideration holiday pay, overtime pay and payments for compensatory time, none of which is earned by the higher officers. It is the recommendation of the City Administrator that the compensation rates for 1992 for the lieutenants be adjusted to approximately 8% above the projected sergeants' compensation,the deputy chief 8% above that figure and the chief 8% above that. (The police officers will receive a 2% increase for the 1993 calendar year The sergeants'will receive a like dollar amount. The lieutenants, deputy chief and chief understand that if other non-collective bargaining employees receive a higher percentage increase for 1993,they will not and their compensation will be adjusted according to the sergeants' settlement.) As a point of information, the relationships between the total gross income of other supervisors at the City of Eagan and the employees they supervise have been reviewed. The difference between them is more than adequate and no adjustment will be required for any other employees. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a compensation adjustment for 1991 for the lieutenants and a compensation rate adjustment for 1992 for the lieutenants, deputy chief and chief as described above. <9. Agenda Information Memo • January 21, 1992 City Council Meeting Item 10. Seasonal Equipment Maintenance Worker — The weather conditions during the past few months have had a detrimental effect on the City's vehicles and there are increased maintenance needs. Therefore,it is the recommendation of Shop Supervisor Streefland that John Van Diver be hired as a seasonal equipment maintenance worker during this period of high maintenance activity. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of John Van Diver as a seasonal equipment maintenance worker. 41. • Agenda Information Memo January 21, 1992 City Council Meeting 40 PLUMBERS LICENSES, B. Licenses,Plumbers--Eagan City Code requires the licensing of all plumbing co/tractors operating within the City of Eagan on at least an annual basis. Enclosed on pag is a list of plumbing contractors whose applications are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbing contractors licenses as presented. IS/ • C:7)9 PLUMBERS TO BE APPROVED JAN. 21, 1992 110 1. Blaylock Plumbing Co. , Inc. 2. Boedeker Plumbing & Heating 3. Bruckmueller Plumbing 4. Dakota Plumbing & Heating, Inc. 5. Elander Plumbing Co. , Inc. 6. Five Star Plumbing Inc. 7. GR Mechanical 8. Raymond E. Haeg Plumbing Inc. 9. Harris Mechanical Contracting Co. 10. Jerry's Plumbing 11. Lakeside Plumbing & Heating, Inc. 12. Major Mechanical, Inc. 13. Matthew Daniels 14 . McDonald Plumbing 15. Dick Motz Plumbing 16. Neu Plumbing 17. Nybo-Peterson Company Inc. 18. Larry R. Olson 19. Peine Plumbing & Heating, Inc. 20. R. C. Plumbing 21. Dale Sorensen Company 22 . Spiess Plumbing 23 . Star Plumbing & Excavating Inc. 24. State Mechanical, Inc. 4, 25. Thompson Plumbing Corp. 26. Welter & Blaylock, Inc. 27 . Wenzel Plumbing & Heating, Inc. 410 Agenda Information Memo January 21, 1992 City Council Meeting ON-SALE BEER LICENSE/PICCOLO'S PIZZA C. License, On-Sale Beer,James Ezzell/Plccolo's, 4162 Pilot Knob Road—An application has been received of James Ezzell on behalf of Piccolo's Pizzeria for an on-sale beer license for his restaurant in Highland Shopping Center at the above-referenced location. A copy of the application is included without page number for your review. Staff and Police Department have completed the review of the application and have identified no reasons for denial at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the on-sale beer license for James Ezzell/Piccolo's Pizzeria as presented. TREE CONTRACTOR LICENSE D. License, Tree Contractor, A.C. Tree—City Code requires tree maintenance contractors to be licensed on at least an annual basis. Enclosed on page is an application for the above-referenced applicant for this purpose. The application has been reviewed and is in order for approval by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the tree contractor license for A.C. Tree as presented. 4111 City of Eagan Fee: 525.00 3830 Pilot Knob Road APPLICATION FOR LICENSE license year 19 9 z Eagan, MN 55122.1897 TREE MAINTENANCE CONTRACTOR • . For individual,partnership or corporation who cut, trim, prune, remove, spray or �2 treat trees. I, &L(.)C-E 4 5./' K Oti) hereby make application for a TREE MAINTENANCE CONTRACTOR license for the year 1 qq a.from the City of Eagan. OWNER: I3 L V C.E ,S L.A-KSO A) ADDRESS: -75 7S- ()PPE. %b 7 S i.. aV, c R S CRAG C.a. r 15 (street LAKE 3555 ►2vwc Ave A/0 )I u- s3c�tf�1 tin') (state) 7\ (zip) BUSINESS / NAME: A .e T re-E1 ADDRESS: s (street) (city) (state) (zip) EMPLOYEES PERFORMING TREE MAINTENANCE: pl o Etrip(.,o y EE 5 Name: (first) (middle) (last) Name: (first) (middle) (last) • Name: (first) (middle) (last) Name: (first) (middle) (last) (ATTACH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAINTENANCE: FO VW) VI-18 F0f-n F.- Sao --'m -78 7;t5" (name) (year) (make) (model) (license number) AEQ A-L 1ocK.ET 19T7 Fort-0 L- T'L.3078 1 (name) (year) (make) (model) (license number) I Toy' Dom P 1 ,133 F O IUD [rb rJ (name) (year) (make) (model) (license number) (ATTACH ADDITIONAL VEHICLE INFORMATION) EQUIPMENT USED FOR TREE MAINTENANCE: (e.g., stump grinder, brush clipper, chainsaws, sprayer, etc.) 01 NU P E 12-Os N C� -tPi 1L (name) (function) ANDO P0LJ FVL Sp/ALL ilk-mu/Arco F RcT" LotiOci - (name) (function) (ATTACH ADDITIONAL EQUIPMENT INFORMATION) Agenda Information Memo January 21, 1992 City Council Meeting 110 RECYCLING PROGRAM GRANT APPLICATION E. Applic ti®n,Recycling Program,Dakota County Special Assistance Grant--Enclosed on pages through is a memorandum from Recycling Coordinator Hageman covering a grant application prepared for the Dakota County Landfill Abatement Special Assistance Grant Program. This program is new in 1992 and is intended to provide funding assistance above and beyond the City's long-term funding allocation for special projects or special needs not covered by other funding sources. Since the City purchased a supply of curbside recycling containers with the expiration of the County's capital assistance in 1991, it will be necessary to store those containers until the stock is depleted over the next three to four years. The purpose of the grant application is to secure funds for a period of one to four years for that purpose. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the City's Dakota County Special Assistance Grant application for the recycling program as presented. • O • 110 MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS AND CITY ADMINISTRATOR MIDGES FROM: RECYCLING COORDINATOR HAGEMAN DATE: JANUARY 14, 1992 SUBJECT: DAKOTA COUNTY COMMUNITY LANDFILL ABATEMENT - SPECIAL ASSISTANCE GRANT APPLICATION The Special Assistance Grant Program has been established as an additional funding program above and beyond the long term funding allocation which the County is providing to its cities to support local operations. The program was designed to help communities with one-time capital assistance or special project needs. The Recycling Program faces a capital assistance need for storage of our large supply of residential curbside recycling containers. The City purchased the containers in 1991 by taking advantage of available funds from Dakota County for such capital expenditures. During the years 1989-91, storage of recycling containers was an eligible expense funded by the County. As noted in our 1992 410 program budget, our funding allocations have been significantly reduced and targeted specifically for administrative and education/promotion needs. At the present time, it is unclear how many years the grant program will be available beyond 1993, yet the need for assistance is present for four years due to our large supply of containers. Staff would like to submit the application for the total amount needed over the four year period but also offer options for portions of need, specifically the first and second years or for only the first year, 1992. As this is the first round of the newly established grant program, staff considers the above stated options our best approach for special assistance. The Council may direct staff to submit the application with one, two or both options by authorizing the application to the County. Attached, you will find a copy of the completed grant application. If you have any question regarding our needs or information stated in the application, please let me know. Recycling Cooz inator 410 cc: Assistant to the City Administrator Hohenstein • 1992 COMMUNITY LANDFILL ABATEMENT SPECIAL ASSISTANCE GRANT 410 City/Township:, Eagan Date Submitted: January 31. 1992 Address: 3830 Pilot Knob Rd. Program Period 1/1/92 to 12/31/95 Eagan, Minnesota 55122! 1. Project Grant Sponsors I. If this is a multi-community project, please list all participating communities and the lead community or agency for the project, and attach a copy of the Joint Powers Agreement. NO II. Project Grant Overview Please provide an overview of the project, outlining the following: o Describe any current abatement activities which would be enhanced or replaced if the abatement activities being proposed were implemented. o When will the project activities occur? o What are the major goals of the project? o If measurable, what are the anticipated or projected landfill abatement results from the proposed activities? o Identify the generators to be served (List the type of solid . - waste generators that will directly benefit from the project) . Attached 5 II. Project Grant Overview 410 After almost three years of a successful curbside collection program, the City of Eagan faced a shortage of curbside containers for residents. Consequently, the city chose to purchase the needed replacement containers as well as those needed for the future in 1991. The containers are used for recyclable materials collected in the curbside recycling program by all single family households or those residents with individual garbage collection. The city of Eagan was able to purchase the replacement and future supply of containers with use of funds from Dakota County under the Capital Expenditure allocation as part of the original three year funding • cycle. With this funding source eliminated after 1991, the City of Eagan took advantage of the funding to secure containers for the future need of our growing community. The propose of the grant application is to request assistance for storage needs for the large amount of containers purchased. The - manufacturing of the containers was completed in 1991 yet our storage needs extend through 1995. Our current system for storage is use of semi-trailers. One trailer is stored at the Eagan Maintenance Facility for ease of container distribution, while the remaining trailers (7) are stored at the trucking company's Eagan storage yard. 410 This method of storage was chosen for a number of reasons: 1. Cost The trailers are rented by the month and will allow for diminishing payments as our container stock is depleted. This would not be applicable if a warehouse space was rented in that you pay for the space/bay whether it is half full or full. 2. Convenience Storing one trailer at the Eagan Maintenance Facility works very well for container distribution. The containers are easily accessible for distribution to homes and to maintain a steady supply at the Eagan Municipal Center. 3. Space Needs - Currently, a small amount of space on Maintenance .Facility property is being utilized for storage but this allotted space falls significantly short of our long term needs. Containers will be continually moved to this location to deplete use of trailer space thus reducing our rental needs. 4. Other/Additional Storage Options The storage option with semi-trailers allows the City of Eagan to be flexible in storage capabilities and options. As the program changes and other aspects of city operations 411 change, additional options for onsite storage may become available. As the rental of trailers is on a monthly basis, Page 1 3c transfer of containers to municipal space as available will be easy and cost efficient. 41, Financial Needs Original budget estimates for storage were made with 1989-91 rental costs. After the budget was completed and approved, the City was informed of a price increase for trailer rental due to a change in the storage/transport law L.1991. Chapter 174. As part of the Capital Expenditures for 1989-1991, container storage was an eligible expense. The grant application that the City of Eagan is submitting to Dakota County includes 3 options for financial assistance. As stated above, our long term storage needs are significant and we are in need of continued assistance with this important function of our program. If there is concern over the length of time for which the assistance would be awarded, we have proposed two additional options which coincide with grant program timelines as currently established. if Option 1 is considered, our total need is $31,414 with a 25% match from the community in the second, third and fourth years. Option 2 specifies 100% assistance in the first year and 75% assistance in the second year with a 25% match from the community. Option 3 addresses our need for only one year and requests 100% 410 assistance as a match is not required in 1992. The City of Eagan is willing to review community match requirements as needed. Abatement Activities Enhanced by Project. The curbside recycling containers are an integral part of the success of the Eagan Recycling Program and have an important function in the overall program. The improved convenience when using the containers has been deemed one of the most important factors When evaluating participation rates in the community and throughout the area. The Eagan Recycling Program has met and exceeded abatement goals for 1989, 1990 and 1991 and will continue to work to meet future aggressive goals. The generators served with the availability of containers are all Eagan residents in single family and townhome complexes. Page 2 3-1 • III. Project Grant Work Program Recycling Coordinator, Kris Hageman, will oversee container storage, distribution and all bookkeeping needs. The storage needs for this supply of containers is estimated at four years (through 12/95) with the elimination of one trailer every six months depending on community needs and growth. • 40 • • Page 3 3 OPTION 1 • IV. Proiect Grant Budget • Project Period:' _ 1/1/92._ to 12/31/95 • Ill Total Project Cash • Assistance $udaet Item Cost Local Match _ Grant Contracted Labor Travel Expenses • Transportation $ 3500 $ 0 $ 3500 % (four year estimate) Postage • Printing Equipment • Rent/Lease Year 1 $ 14210 $ 0 $ 14210 Year 2 $ 9570 $ 2392 $ 7178 Purchase Year 3 $ 6090 $ 1522 $ 4568 Year 4 $ 2610 $ 652 $ 1958 Other: $ 35980 $ 4566 $ 31414 TOTALS $ $ $ TOTAL PERCENTAGES 10 0°i_ 12% 88y Over four years Anticipated Project Revenues $ . 0 39. • Page 4 -Sage-throe OPTION 2 • V. Project Gras}t Budget Period: V IZ to 31 Project P �/ _ 12 93� /� Total Project Cash Assistance pudget Item Cost Local Match _ Grant Contracted Labor • Travel Expenses Transportation -$ 1800 $ 0 $ 1800 Postage • Printing Equipment Rent/Lease Year 1 $ 14270 $ . 0 $ 14270 Purchase Year 2 $ 9570 $ 2317 $ 7253 • 'Other: $ 25640 $ 2317 $ : 23323 TOTALS $ TOTAL PERCENTAGES 2 year 1007 77, 93% 2nd year 100% YS°,6 75% Anticipated Project Revenues $ 0 410 4C2) Page 5 OPTION 3 --t-Arpea. • IV. Protect Grant Budget Project Period: 0/1Z- to 12/31/92 • III Total Project Cash Assistance pudaet Item Cost r vocal Match _ Grant. Contracted Labor • Travel Expenses Transportation ! $ 1000 $ 0 $ 1000 Postage Printing Equipment 410 Rent/Lease $ 13195 $ ' 0 $ 13195 Purchase Other: $ 14195 $ 0 $ 14195 TOTALS $ $ $ TOTAL PERCENTAGES 100% 0% 1001 Anticipated Project Revenues $ 0 S Page 6 • Agenda Information Memo January 21, 1992 City Council Meeting DNR DEER SURVEY F. Request,Mine to Departmen of Natural Resources,Funding for 1992 Deer Survey-- Enclosed on pages EA throu is correspondence from Jon Parker, of the Minnesota Department of Natural Resources,covering a proposed cooperative agreement for the 1992 deer survey. Mr. Parker estimates the cost of the survey to increase by approximately$100 from the 1991 rate to a total of$527 for this project. In the process of preparing its 1992 budget, the City allotted $450 for this project which was a 5 percent increase over the 1991 cost. In preparing budgets for 1993, the City would appreciate timely information from the DNR to be certain that this item is fully funded in the future. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a cooperative agreement with the Minnesota Department of Natural Resources for the 1992 Minnesota Valley deer survey at a cost of $527 or such other funding level as the Council deems appropriate. • • I 41.".411?- • tr Al& STATE OF DEPARTMENT OF NATURAL RESOURCES 1990 PHONE NO. (61/) 445-9393 January 3, 1991 FILE NO. Area Wildlife Office . 118 S. Fuller Street, #3 Shakopee MN 55379 Tom Hedges, Administrator ) a © [O V E r City of Eagan I; 3830 Pilot knob Road JAN 7 '992 Eagan, MN 551221 SUBJECT: Request for Eagan funding for 1992 deer survey Dear Mr. Hedges: For the past four winters I have requested that the City provide funding for helicopter rental so that I could complete the deer surveys. I appreciate your city's support of this project. This is to request funding for our 1992 survey. Last year we spent 3.1 hours on the city, and the total helicopter cost was $427.80. Assuming an hourly rate of $170/hour, I would expect the cost for Eagan to be $527.00. This year, the DNR does not have an operating helicopter, tnus! the expected cost has increased from $138/hour. As they aid last year, Dakota County Parks Dept. will be funding the 0 survey of Lebanon Hills Park. I anticipate that the cities of Burnsville, Mendota Heights and Bloomington will also be participating this year. I believe that continuation of this survey is important in oraer to impienent recanmendations of the Deer Management Task Force in which Eagan participated during 1990. We anticipate making reoanmendations for deer management for next year Lased on this survey. Thanks for considering the request. If this request is approved, please complete the enclosea copperative agreement, filling in the authorized dollars. I would like to know your decision as soon as possible, since the survey is likely to begin in late January. Sincerel on uer, Area Wildlife Manager cc: David Olfelt, DNR Parks Roger Johnson Oliver McColloch, Eagan Deer Task Force Rep . AN EQUAL OPPORTUNITY EMPLOYER 14 3 Dr'r ri Tmo rc ,Ir2;4 c TGL %^1Z-r rz-r arr an cici, .1,z r fir_. riO .. z COOPERATIVE AGREEMENT MINNESOTA VALLEY DEER CENSUS WHEREAS, The Minnesota Department of Natural Resources (hereafter "State" ) is conducting an aerial deer census in the Minnesota River Valley during the months of January, February and March 1991, and WHEREAS, the City of —Eagan (hereafter "City" ) wishes to participate .in the census and pay its portion of the costs NOW THEREFORE City agrees to pay to the State as its share of the deer cost an amount equal to the hourly rate charged by the State (for aircraft with pilot) times the number of hours spent on the City's portion - of the census. The State agrees to provide the City with an itemized invoice for the City's share of the deer census cost; the State further agrees that the City will not be obligated for any costs if the census is cancelled due to the lack of snow cover . Upon request, the State will furnish the City copies of documents establishing the State' s cost for the census. The amount to be paid by the City will not exceed $ • APPROVED: City of _ by date by date STATE OF MINNESOTA Department of Natural Resources: by date Department of Administration: by date Department of Finance: by date • Approved as to Form and Execution: • by date Agenda Information Memo January 21, 1992 City Council Meeting 1992 SQUAD CAR PURCHASE. G. Purchase, Police Department, 1992 Squad Cars—Enclosed on page , is a copy of a memorandum from the Police Department outlining a request for authorization to purchase five police vehicles approved in the 1992 budget and under terms specified by the Hennepin County Squad Car Bid. The City has taken advantage of this joint bidding process over the years and has received extremely favorable bids by this process. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the purchase of five police vehicles as presented. • C police department PATRICK J.GEAGAN Chief of Police y KENNETH D.ASZMANN 0 A- -city of aagan Operations Captain 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Mayor PHONE:(612)681-4700 FAX:(612)681-4738 PATRICIA AWADA PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES January 7, 1992 City Adminhstrator EUGENE VAN OVERBEKE City Clerk TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN ASZMANN, DEPUTY CHIEF SUBJECT: 1992 SOUAD CAR PURCHASE The Hennepin County Squad Car Bid for 1992 was awarded to Superior Ford for $12,817. I request permission to send a "Letter of Intent" to them for three cars for a total of $38,451. This amount would represent a savings of $3,849, as requested in our approved 1992 Budget. I would also request permission to send a "Letter of Intent" for two mid-sized squad cars which would cost $12,387 each for a total of $24,774 . This amount would represent a savings of $3,826, as requested in our approved 1992 Budget. This contract #203A1 was awarded to Thane Hawkins Polar Chevrolet. If these figures meet with your approval, I would need authorization by January 15, 1992 to meet contract requirements. Thank you for your consideration in this matter. Sincerely, , 1,..t.ad d. 4,„„,........ Kenneth D. Aszmann Operations Captain KDA:lb THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Mir atiive Action Employer 0 Agenda Information Memo January 21, 1992 City Council Meeting TAX INCREMENT FINANCING POLICY H. Amendment, 1992 Tax Increment Financing Policy—Enclosed on pages? through PL9 is a memorandum from the Administrative Department covering a proposed update to the City's tax increment financing policy originally developed and approved by the City Council in 1987. The policy incorporates several statutory changes which have occurred since the drafting of the original policy and has been reviewed by City staff as well as the City's Fiscal Consultant and Bond Counsel. The principal areas of change are outlined in the memorandum for the Council's consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1992 update of the City's tax increment financing policy as presented. 110 • c°-1 oAtx , 1 MEMO TO: CITY ADMINISTRATOR HEDGES rfl& . „, . FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JANUARY 13, 1992 SUBJECT: TAX INCREMENT FINANCING POLICY UPDATE Attached you will find a copy of the proposed January, 1992 update to the City's tax increment financing policy. This update incorporates certain editorial changes relative to some legislative sessions on changes in the tax increment law. Unfortunately, as the changes were undertaken over a period of time, they have not been indicated in strike-out fashion. Permit me to point out the general areas of change. With few exceptions, they tend to be entire sections, rather than line-by-line changes. In particular, a reference was added to the recently enacted renovation and - renewal project type and the sales condition project type which had previously been excluded from the City Policy Statement. In the administrative section of that same statement, sections have been added to indicate that the City may require that the fiscal disparities contributions come from within or outside of the district and that the project is responsible for reimbursing the City for any LGA or HACA adjustments under the new law. In addition, the two Appendices providing a general description of tax increment and the City's economic development policy were added as . well. Otherwise, the entire policy was reviewed by both Bond Counsel Rosholt and Fiscal Consultant MacGillivray for consistency with current legal citations and statutory requirements. Since the present tax increment financing policy was adopted in 1987 prior to numerous statutory changes, in addition, the City has adopted its economic development policy since that time. It would be appropriate for the City Council to consider adopting this updated policy at this time to bring the document into conformance with current law and policy. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the January, 1992 amendment of the City's tax increment financing policy as presented. Ass' tant to the City Administrator Attachment JH/vmd *g • . INFORM*TIONAL PACKET FOR TAX INCREMENT FINANCING CONTENTS A. CITY POLICY STATEMENT B. CITY APPLICATION FORM . C. GUIDELINES D. RESOLUTIONS E. APPENDICES TIF DESCRIPTION AND DEFINITION - CITY ECONOMIC DEVELOPMENT POLICY r January 1992 ' 14- ff • A. CITY POLICY STATEMENT • CITY OP EAGAN. MINNESOTA POLICY amp CRITERIA AS TO TEE REVIEW OF TAX INCREMENT, 7INAIjCING APPLICATIONS I. GENERAL The City Council has been granted the power to issue tax increment financing (TIF) bonds, by the Minnesota Tax Increment Financing Act, Chapter 469, Minnesota Statutes (the "Act") as amended. Through this act, the City may undertake economic development and redevelopment projects and finance public improvements for qualified projects within them. The Eagan City Council, being aware that such financing may benefit the community by attracting industry, expanding employment opportunities, eliminating blighted land and enhancing tax base, has expressed its support for the use of • the tool but has reserved the right to approve or reject projects on a case-by-case basis, taking into consideration the following factors: a. An application fee of $500.00 is to be received by the City for each Tax Increment Financing application processed. The City reserves the right to charge the applicant for out of pocket costs relative to the processing of the application. The application fee for redevelopment projects may be waived or refunded at the discretion of the City Council. b. To be eligible, an industrial or commercial project shall be compatible with the overall development plans and objectives of the City, including its Comprehensive Land Use Guide Plan. c. The project shall be of a nature that the City wishes to attract, or an existing business the City wishes to have expand within the City considering potential for employment, incentive for further development, increased tax base, impact on City service needs and support for industrial or commercial operations currently located within the City. 5 l d. The City recognizes that the provisions of the Tax Increment Financing Act provide industrial and commercial enterprises with potentially significant savings in financing costs. These savings are intended to provide the enterprise incentive to locate or expand in Eagan. The City will not look favorably on the use of TIF for limited partnerships and other forms of tax-sheltered business organizations whereby individuals gain personal tax advantages. e. The application cannot be considered by the City Council until preliminary City requirements have been met and findings have been made with respect to zoning, building plans, platting, streets and utility services. Preliminary plat or site plan approval is necessary prior to the public hearing on such financing. f. The applicant's proposed facility, or expansion of an existing one, shall provide a significant, demonstrable benefit to the City. Applicants should define their project's impact with respect to the following: 1. Preservation or Expansion of Current Employment Base - Jobs Retained • _ Jobs Created Nature of Jobs Retained or Created Potential for Location or Relocation Outside of Minnesota 2. Diversification of Employment Base Jobs Created Nature of Jobs Created - Relationship of Enterprise to Current Economic Base 3. Known Benefits - Property Tax Enhancement (Target: 12:1 Return of Tax Base to Public Assistance) - Local Economic Impact - Potential for Expansion and Spin-Off Development 4. Known Impacts - Traffic and Road Impacts - Utility Impacts - service Impacts Environmental Impacts 5. Potential Risks J 2. Note:, The City of Eagan and the State of Minnesota have • made a commitment to job retention and business retention within the state. Compelling evidence that a business has the capacity and seriously intends to relocate or expand operations outside of Minnesota will be a factor in the consideration of TIF applications from such firms. g. The applicant's proposed facility, or expansion of an existing one, must be a qualified project under the Act. Under these guidelines, the City of Eagan will consider applications for projects of the following types (Housing Project TIF guidelines are available under separate cover due to the fact that the qualifying criteria are unique from the economic criteria outlined in this document) . 1. Redevelopment Project A "Redevelopment Project" means a project where the City finds, by resolution, the following conditions reasonably distributed throughout the project: The land is predominantly occupied by buildings, streets, utilities or other improvements, and more than 50% of the buildings (not including outbuildings) are • structurally substandard to a degree requiring substantial renovation or clearance; or Underused of vacated railyards or rail rights of way. 2. Renovation and Renewal Project A "Renovation and Renewal Project" means a project where the City finds, by resolution, . the following conditions reasonably distributed throught the project: The land is predominantly occupied by buildings, streets, utilities or other improvements, and 20% of the buildings are structurally substandard and an additional 30% of the buildings are found to require substantial renovation or clearance in order to remove such existing conditions as: inadequate street layout; incompatible land use relationships; overcrowding of buildings on the land; excessive dwelling unit density; obsolete buildings not suitable for improvement or conversion; or other identified hazards to the health, safety and general well being of the community; or • 3. Soils Condition Project A "Soils Condition Project" means a project which the City finds, by resolution, that 80% or more of the district requires substantial earth work and that costs of the earth work exceed the anticipated fair market value of the land after site preparation. 4. Economic Development Project An "Economic Development Project" means any project not meeting the criteria of a Redevelopment, Renovation and Renewal or Soils Condition Project, but which the City finds to be in the public interest because: - The project will discourage commerce, industry or manufacturing from moving their operations to another state or municipality; or The project will result in increased employment in the state; or - The project will result in the preservation 411 and enhancement of the tax base of the state. Economic Development Projects may only be applied in the case of Manufacturing, Production, Processing, Warehousing, Storage, Research and Development, Telemarketing and Distribution of Property (excluding retail sales). h. The applicant shall select qualified financial consultants and legal counsel to prepare all necessary documents and materials. The City Council may rely on the opinion of such experts or their own experts in reviewing the application. The application shall be accompanied by the applicant's letter of intent and a financial analysis regarding the financing soundness of the applicant and the feasibility of the project. 411 J i. The City must be able to make a finding that the project meets a rigorous "but for" test, that is that the project • would not proceed but for the use of the tax increment financing. To demonstrate the need for tax increment financing, the applicant shall be required to furnish two (2) copies of the following materials in addition to the tax increment application: 1. Narrative which demonstrates that the "but for" finding can be made by the City Council through an objective and detailed description of the project and the project's needs which cannot be met through conventional means or in comparison to alternative sites outside of the community or state. 2 . Certified annual audits for the last two fiscal years; 3. The most recent quarterly financial statements; 4. The most current rating report of Dunn and Bradstreet; 5. The applicant's realistic financial forecasts for a period of not less than three years, including pro forma, estimate of project - specific revenues and costs, business plan and marketing plan. (Forms and outlines are provided with the application) . 6. Leverage summary depicting private and requested public financing (Target 10:1 Private/Public ratio) . 7. Such other information as may be required by the City to properly review the application. The City shall select qualified financial analysts who will review the data and make written comments to the Council as to the current and projected financial position of the applicant in order that the Council will be in a position to reasonably evaluate the applicant's ability to carry out the project as proposed. The applicant shall be responsible for costs which are incurred by the City in conducting this fiscal review. j . The City shall select qualified financial consultants and/or underwriters to prepare all necessary documents and materials required for a Municipal Tax Increment Bond sale, if necessary, who will submit a letter of intent which establishes the positive feasibility of the project. The applicant shall be required to assume all costs which may be incurred by the City in examining legal and/or fiscal aspects of the proposed project. S 51- k. The applicant must not commence any part of the • construction of the project until there has been final approval by the Council of the application for financing. Under certain conditions, grading may preceed such approval, subject to the City's ordinary permitting requirements. 1. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to adopting the final resolution authorizing the tax increment financing project. m. The City is to be reimbursed, and held harmless, for and from any out-of-pocket costs related to the actual or proposed issuance of the bonds. II. ,ADMINISTRATIVE a. The applicant shall make an application for financing on forms available from the City Administrator of the City of Eagan. The application may be reviewed by the City's Finance Committee at a special meeting called for that purpose and such Committee shall forward a recommendation to the City Council. Specific findings shall be made regarding employment and satisfaction of public purposes of the Act. • b. The applicant shall furnish a description of the project, site plan, rendering of proposed building, brief description of the applicant and the proposed financing in such form as shall be required at the time of application. Such material is to be furnished to members of the City Council for background information only. Statute prevents the release of such information prior to approval of financing. Upon approval, only that application data which is within the public domain may be released. Trade secret data, 'security data, tax returns and information held by consultants or analysts may not be released. Identifying information concerning the recipient of public financial assistance, reports of analysts and consultants, bond documents and correspondence are all public information and must be released upon request. c. All applications and supporting materials and documents shall remain the property of the City. (Private . financial data shall remain property of the city's financial analyst or consultant. ) • r' Cot d. It is the policy of the City of Eagan that tax increment proceeds be used for public improvements and infrastructure, administrative costs and out of pocket costs associated with a project. Other eligible costs under the Act may be considered only under extremely unique circumstances. e. It is the policy of the City of Eagan that tax increment projects not create an unfunded fiscal disparities obligation. The City reserves the right to structure a tax-increment plan so that the estimated increment will be sufficient to cover both the project's proportion of the City's fiscal disparities contribution and its debt service requirements. f. It is also the policy of the City of Eagan that tax increment projects not diminish the City's levy base through Local Government Aid or Homestead and Agricultural Credit Aid Adjustments. The City reserves the right to require that the applicant pay an amount equal to such adjustments as may be necessary under applicable law to insure continued funding for City services otherwise covered by the general fund. g. The City of Eagan will require that it be indemnified in whole or in part through guarantees of project completion, timely payment of property taxes, letters of credit and/or other guarantees in the public interest to the maximum extent permitted by law. The nature and scope of the guarantees required will depend upon the type of project, the method of financing and other factors bearing on the cetainty of the necessary outcomes. 5 • B. CITY APPLICATION PORM • 5-8 CITY OF EAGAN. MINNESOTA 3830 Pilot Knob Road Eagan, MM SS122 APPLICATION FOR TAX INCREMENT TX ICING REVIEW ' (Public infornation upon approval only) BUSINESS NAME: LOCATION: LAND: $ BUSINESS FORM: BUILDING: $ REPRESENTATIVE: EQUIPMENT: $ PHONE: OTHER: $ NATURE OF BUSINESS: TOTAL: $ INFORMATION CONCERNING APPLICANT'S PROPOSED PROJECT 1. DESCRIBE HOW THE PROPOSED PROJECT MEETS THE "BUT FOR" ELIGIBILITY TEST FOR TAX INCREMENT FINANCING? (Attach narrative described in Section I.i. above) 2. PROPOSED LOCATION (ADDRESS AND LEGAL DESCRIPTION) 3. NEW FACILITY OR EXPANSION? 4. INDUSTRIAL/COMMERCIAL?, 5. ESTIMATE NUMBER OF NEW JOBS ESTIMATED ADDITIONAL PAYROLL 6. IS THIS SITE/PROPERTY ZONED .AND ARE UTILITIES AVAILABLE? 7. ESTIMATE PROJECT'S PRESENT AND ANTICIPATED MARKET VALUES FOR PROPERTY TAX PURPOSES 8. WHEN IS THE CONSTRUCTION PERIOD EXPECTED TO START: FINISH: • 9. WILL THERE BE MORE THAN ONE PHASE IN THE CONSTRUCTION OF THIS 1 PROJECT? IF YES, AS A PERCENT OF PROJECT VALUE, WHAT PORTIONS OF THE PROJECT WILL BE COMPLETED IN EACH CALENDARYEAR? 10. DESCRIBE THE RELATIONSHIP OF THE PROJECT, IF ANY, TO OTHER . ELEMENTS OF THE LOCAL ECONOMY DETAILED COST BREAKDOWN: Land Acquisition and Site Development (May be financed by TIF) : $ . Construction Contracts Equipment Acquisition & Installation Architectural & Engineering Fees 411 Legal Fees Interest During Construction Initial Bond Reserve Contingencies Bond Discount Other Total with Land $ , Total without Land :$ Total TIF Request S , Leverage Ratio Attach as a separate Appendix, the financial information required under Section I.i. above for review by the City's financial analyst. (Non-public Information) i CQO 'IDTORI Oh APPLICANT, 1. Have you ever been in bankruptcy? 2. Have you ever defaulted on any bond or mortgage commitment? 3. Have you ever received TIF assistance in this or any other City? If so, where, in what amounts and what is the current status of that assistance? 4. Do you have any history of property tax delinquency? 5. Have you applied for conventional financing or secured internal financing for this project? Private Financing Status: Approved Denied Pending • 6. List financial references: a. b. Other comments: Date: Signed: (Title) : 0 (01 411 SAMPLE BUSINESS PUN OUTLINE Table of Contents I. Summary - (A MINI PLAN) A. Business description 1. Name 2. Location and plant description 3. Product 4. Market and competition 5. The Team (Management expertise) • B. Business goals • II. Product or Services A. Description Of product line B. Propriety position: patents, copyrights and legal and technical considerations: C. Comparisons to competitor's products Am III. Manufacturing Process (if applicable) A. Material B. Sources of supply C. Production methods IV. Management Plan A. Form of business organization B. Board of directors composition C. Officers: organization chart and° responsibilities D. Resumes of key personnel E. Staffing plan (number of employees) F. Facilities plan/planned capital improvements G. Operating plan/schedule :of upcoming work for next one to two years V. Financial Data 411 (.9 SAMPLE NARNITING PLAN (OUTLIME) I. Environmental Analysis (Market Situation) A. Market Analysis (External Environment) 1. Total Market Environment 2. The Economy 3. Competition 4. Business Customs and Practices 5. Target Market Environment 6. Legal Constraints 7. Industry Trends B. Analysis of the Skills and Resources of the Firm (Internal Environment) 1. The Business Philosophy of the Firm (Corporate Mission) 2. Management Objective (Growth, Profit, Image) 3. Management Style 4. Current Company Organization (Structure and Functions) 5. The Firm's Resources a. Financial Resources (Current, Future, Sources and Uses) b. Physical Plant and Support Structure c. Personnel (Skills and Limitations) Ii. Examination of the Problems and Opportunities Identified through the Strategic Analysis of the Interaction of the Skills and Resources of the Firm with the Identified Market III. Marketing Strategy A. Marketing Objective 1. Target Market Segment within the Total Market 2. Sales Goals (Revenues) 3. Profit Goals 4. Company Positioning Goals B. Marketing Mix Decisions ct Strategy 1. Produ gY a. Product Attributes (Design) b. Supplemental Product Attributes (Service) c. Product Line Strategy 2. Distribution Strategy a. Channel Decisions b. Effective Channel Management 410 C47 3 C. Price Strategy 410 ' 1. Cost Pricing (Margins and Target Pricing) 2. Competitive Pricing 3. Demand Pricing (Perceived Value) D. Promotion Strategy 1. Advertising 2. Public Relations 3. Sales Promotion 4. Personal Selling E. Sales Channels and Terms F. Method of Selling, Distributing and Servicing Product • • • (09( . • C. GUIDELINES • • CIP CITT OP EAGAN. MINNESOTA GENERAL GUIDELINES /OR TAX INCREMENT PINANCING APPLICATIONS STEP I A company interested in tax increment financing should develop sufficient preliminary cost estimates so they can discuss with staff and consultants the extent of financing needed. The company should complete the City's application form, including payment of the application fee, and then advise the City Administrator's office that it plans to seek financing through the use of tax increment financing. All financing applications must be represented by a Minnesota firm. An applicant should bear in mind that City 'Council approval of the preliminary plat is required before Council consideration of public financing. Therefore, it would be prudent to secure such approval in a timely fashion to avoid incurring unnecessary costs in the pursuit of unqualified or unacceptable projects. As a portion of that process, the City Engineer will identify any public improvement needs associated with the project. STEP II The company should contact an attorney who has experience with tax increment financing. The attorney may advise the company to select a financial consultant. STEP III The consultant will request complete information concerning the company including financial, historical and production data, and an income statement for the new or expanded facility. The consultant • may also require engineering and architectural reports concerning the proposed project, with construction commitments secured. STEP ,IV The amount of the tax increment financing request should relate to the City leverage target of a 10:1 private/public ratio. The company, its fiscal consultant or attorney prepares a complete feasibility report with respect to the viability of the project and other details necessary for consideration by the City Council and its consultant. The City's attorney prepares a legal opinion concerning the project. Such opinion should address the project's al status as a Qualified Project and the need or lack of need for the creation of a Tax Increment Financing District or General District under Minnesota Statutes, Chapter 469. (Pc STEP VI, The applicant submits preliminary financial plans to the City 411 Council. The Council gives preliminary approval or disapproval after reviewing the application and the City staff report. A review of the application and additional fact findings are performed by the Finance Committee if direction is given by the City Council. The City's fiscal consultant must review financial statements for all applicants and provide a financial recommendation to the City Administrator as it relates to the project application. Any project funded by a Public Distribution of Funds must receive a favorable review of the letter of credit and strength of the institution in a letter to the City Administrator. STEP VII If the proposed project does not lie in a preexisting tax increment district, as defined by Minnesota Statutes, Chapter 469, a public hearing must be held to create one. The City Council adopts a resolution setting such a hearing, to be held after proper publication of notice. A sample of such resolution is attached. Notice of publication will take place not more than thirty (30) nor less than fifteen (15) days prior to the date set for such hearing. STEP VIII 111 Following or concurrent with the creation of the General District, the City forms a TIF District within the General District by preparing a TIF Plan which describes, among other things, the property to be included in the TIF District and the type of Qualified Project that will be involved (Redevelopment, Renovation and Renewal, Economic Development or Soils Condition Project) . The • property making up a TIF District may be noncontiguous, thereby enabling redevelopment to occur on an area-wide basis while excluding nonblighted areas from the TIF Plan and the TIF District. The TIF Plan of the City must contain the following: 1. Statement of objectives of the City for the improvement of the TIF District; 2. Statement as to the development program for the TIF District, including any property which the City intends to acquire; 3. Estimates of the following: - Costs planned to be incurred within the TIF District, including administrative expenses; _ - Amount of bonded indebtedness to be incurred; !II - Sources of revenue to pay public costs; (p1 - Most recent assessed valuation of taxable real property; • - Estimated captured assessed value at completion; - Duration of the TIF District's existence; and 4. Statement on the impact of tax increment financing on the assessed values of all taxing jurisdictions in the TIF District. Before the City may adopt a TIF Plan, the City must approve the TIF Plan by holding a public hearing, pursuant to the notice procedures above, and making the following findings: (i) that the tax increment project comprising the proposed TIF District is a Redevelopment, Renovation and Renewal, Economic Development or Soils Condition Project; (ii) that the tax increment financing is necessary because private development or redevelopment of the project would not occur, or at least would not occur in the foreseeable future "but for" the use of tax increment; (iii) that the TIE Plan conforms with the general development or redevelopment plan of the municipality; (iv) that the TIF Plan adequately addresses the targets and criteria discussed above; (v) and that the TIE Plan will provide maximum opportunity for the development or redevelopment of the TIF District by private enterprise. In addition to the Council's review of the TIF Plan, the City will provide an opportunity to the members of the county boards of commissioners, and to the members of the school board of any school district in which any potion of the TIF District is located to review the plan for a period of thirty days prior to its approval and comment on it. The City will present to them its estimate of the fiscal and economic implications of such TIF District. Following such review, the City may approve, disapprove or modify the TIF Plan and undertake the necessary bonding or financing procedures to secure its funding. (A sample resolution is attached. ) STEP II Upon the approval of the TIF Plan by the municipality, commitments will be confirmed for the redevelopment or development of the property to be acquired or improved within the TIF District. Pursuant to the Act, no Authority may, at one time, acquire from the proceeds of a bond sale more than 25% of the acreage within a Redevelopment Project, or 10% of the acreage within an Economic Development project until the Authority has obtained a firm written development or redevelopment of such property. In addition, the agreement must provide recourse for the City should the development or redevelopment not be completed. The City may, at its option, require a letter of credit to secure tax increment proceeds in the event of such circumstances. • CQ STEP Z After the County Auditor has certified the original assessed value of the TIF District, the City may issue general obligation or revenue bonds for the purpose of acquiring and making certain improvements to property identified in the TIF Plan. The County Auditor must certify the amount of the captured assessed value to the Authority each year (the amount by which the assessed value after completion of the development exceeds the original assessed value) . This amount is the tax increment and will be pledged to the repayment of the tax increment bonds issued to acquire and improve the property. • • • D. SAMPLE RESOLUTIONS • • SAMPLE RESOLUTION CALLING FOR PUBLIC HEARING ON ESTABLISEMEWT OF ECONOMIC DEVELOPMENT DISTRICT NO. AND APPROVAL OF RELATED TAX INCREMENT FINANCING PLAN WHEREAS, there have been submitted to this Council copies of a proposed Development Program and Tax Increment Financing Plan for proposed Economic Development District pursuant to Minnesota Statutes, Chapter 469, and a related tax increment - financing district; and, WHEREAS, the City Clerk shall transmit copies of the Tax Increment Financing Plan to the Dakota County Board of Commissioners and the board of any affected school district for their review and comment; and, NOW, THEREFORE, BE IT RESOLVED that a public hearing on the establishment of the district and the tax increment financing plan shall be held on and the City Clerk shall give notice thereof in the manner required by law. CITY OF EAGAN. CITY COUNCIL By: 411 Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: 41, MOM RESOLUTION APPROVING TEE DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLAN FOR DEVELOPMENT DISTRICT __ WHEREAS, there has been presented to the City Council a Development Program and a Tax Increment Financing Plan for Economic Development District No. of the City of Eagan; WHEREAS, the City has completed the necessary procedural steps for the creation of a development district and tax increment financing district, including a public hearing, review by the - Planning Commission and notification of affected taxing jurisdictions. WHEREAS, the Tax Increment Financing Plan and the Development Program will further the objectives described herein; WHEREAS, the project contemplated by the Development Program is a "development project," within the meaning of Minnesota Statutes, Section 472A.02, Subd. 5, and the tax increment financing district to be created under the tax increment financing plan is to be an "economic development district," within the meaning of Minnesota Statutes, Section 273.73, Subd. 12; WHEREAS, the City is authorized to create a tax increment financing district pursuant to Minnesota Statutes, Section 273.71 to 273.78, as amended, and a development district pursuant to Chapter 472A, Minnesota Statutes, for the purpose of financing and constructing the project described in the Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA, AS FOLLOWS: 1. It is hereby found, determined and declared that: a. the proposed tax increment financing district • is an economic development district; b. the proposed development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary; c. the Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the municipality as a whole; and d. the Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the development or redevelopment of the project by private enterprise. 411 e. the City elects the method of tax increment computation set forth in Section. 273.76 Subd. 3, clause (b) , Minnesota Statutes /1 ‹:)■■ The reasons and supporting facts for each of the above determinations are as set forth in the 0 Development Program and the Tax Increment Financing Plan. 2. The Development Program and the Tax Increment Financing Plan are hereby approved and there shall be created a development district and a tax increment financing district as provided therein and the City shall undertake the project described in the Development Program through the use of tax increment financing. 3. The City shall request certification of the original assessed valuation of the tax increment district as described in the tax increment financing plan by the County Auditor. 4. If appropriate, the City shall undertake any public improvements described in the Development Program pursuant to Chapter 472A, Minnesota Statutes. CITY OF EAGAN CITY COUNCIL By: 410 Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: '7)3 a. APPENDICES • • (f • TAX INCREMENT FINANCING (TIFF IN MINNESOTA CONCEPTS AND MECHANICS June, 1991 TABLE OF CONTENTS • INTRODUCTION Page(s1 . • SECTION A PARTICIPANTS 1 SECTION B THE MECHANICS 1 Project Area 1 Types of Tax Increment Districts 2 Examples of Major Eligible Project Expenditures 5 Taxable Versus Tax•Exempt 6 The "increment" 7 Financing of Project Costs 10 Considerations of LGANNACA 11 SECTION C THE DOCUMENTS 1 Development District Plan 1 Tax Increment Financing Plan • 1 Development Agreement 1 SECTION D PROCESS 1 II SECTION E BENEFITS AND COSTS 1 City's Perspective 1 Landowner(s) Perspective 2 SECTION F POLICY QUESTIONS 1 'But For"Test 1 LGA/HACA 1 Project Area 1 Level of Assistance 2 Fiscal Disparities 3 City Security Guarantees 5 City Administrative Costs 6 • • INTRODUCTION M Tax Increment Financing (TIF) uses the increased property taxes generated by new real estate development in tax increment districts to pay for certain costs associated with the development. The value that is 'captured' (i.e., the increase In value over the year the TIF District was created) continues to pay property taxes. These taxes go to the development authority or city,rather than the school, county, city, or other taxing districts that normally share in the total property tax bill. The captured taxes are used for subsidizing the project costs such as acquisition, demolition, public Infrastructure Improvements, and related consulting and administrative costs. The justification for use of TIF rests solely on the "But For' test. A way to express this is that the development or redevelopment could not occur without a tax increment subsidy. Certain state legislators believe tax increment has strayed far from Its original purpose of combating severe blight in the core cities. In the early years of TIF use, the 'But For test was real and obvious. Critics claim that TIF subsidies have grown dramatically as a tool for inter-city competition for economic development, especially in the metropolitan area. They claim that the net result is an over use of tax increment financing at the expense of the tax base of the county, school district, and other taxing districts. • in response to this perceived misuse, each year the State legislature further adjusts and limits the use of tax increment financing. Each amendment to the statute results in a more complicated, cumbersome tool. The purpose of this document is to outline the concepts and mechanics of using tax increment financing within the statutory parameters. The report outlines the participants involved in TIF, mechanics,.documents, process, and a discussion of benefits and costs,and policy questions associated with the use of TIF. The material included in our report is intended to be used as Informational guidelines for the use of TIF. The complete Tax Increment Financing Act can be found In Minnesota Statutes, Section 469.174-469.179. Springsted Incorporated has a proven track record In working with communities in the use of tax increment financing as an economic development and redevelopment tool. Please feel free to contact us If you need further information or would.like to discuss In more detail the concepts contained in the following materials. 4111 SECTION A PARTICIPANTS City Landowner/Developer Elected Officials Landowner or Developer Advisory Commissions Attorney City Staff Financial Consultant Fiscal Consultant: Springsted Incorporated Bond Counsel Other Governmental Jurisdictions TIF Project County Federal Government School District State Government Metroptitan Council County Other Municipalities Bordering Project Area A-1 SECTION B THE MECHANICS • Project Area (Development District) and Tax Increment Financing (TIF) District A. Financial difference between the two • Project Area: Area in which TIF funds can be spent. • TIF District: Area from which TIF funds are generated. B. Geographical difference between the two • Can be the same Project Area (Development District) • TIF District • Project Area greater than TIF District Project Area TIF (Development DISTRICT District) *1 TIF • DISTRICT *2 • 7B.1 Types of Tax Increment Districts A. Redevelopment District • Generally a blighted area containing substandard buildings, sometimes having Inadequate streets and incompatible land uses. • Requires documentation to evaluate code violations and estimated costs of rehabilitation versus new construction. • Maximum length of district is 25 years from receipt of first tax increment. B. Housing District • Housing opportunities for low and moderate income persons. • Maximum length of district is 25 years from receipt of first tax increment. C. Renewal and Renovation District • Blight and obsolescence tests must be met. • Maximum length of district Is 15 years of increment capture. D. Soils Condition District • Where 80% or more of the district requires substantial earth work and costs of the earth work exceed the anticipated fair market value of the land after site preparation. • Maximum length of the district is 12 years from City approval of the TIF district. eAt 66 B-2 E. Economic Development District • Does not meet the criteria for any of the above districts. • May be used only for manufacturing, production, processing, warehousing, • storage, research and development, telemarketing and distribution of property (excludes retail sales), and, in greater Minnesota, tourism. (5,000 square feet one-time exemption for cities with populations below 5,000.) • Prohibits expenditures if more than 10% of the square footage of such facilities is used for other purposes. The allowable percentage of nonqualifying.square footage can be increased to 25% If the uses are directly related to or in support of the qualifying activity. • Must demonstrate retention of local businesses, increased employment and enhancement of state tax base, etc. • Maximum length of district is 10 years from date of City approval of TIF plan or 8 ip years of collected increment,whichever is less. • • • , • fC ( B-3 • . } C r . C) . w.MINNIOe • CIO C) C r% .IIIIID C �.. a1 VD N i2 LL .c c° fo C TA a, >► (1) a 0 . C0 10 ' L N U F0 !:::::::: W . 0 • / • N Off. N . re E AB 1 or i • .g Lti . . 2111'1.11z < o < IP 1-8 lillgi :.§• i r a 1466 g N ? IIPP -.... q 04 Examples of Major Eligible Project Expenditures • Land acquisition • Soil corrections • Site preparation • Relocation/demolition • Public improvements for street, sewer,water, pedestrian ways,and public parking • Planning & engineering studies in support of eligible activities • Administrative costs up to 10% of tax increment. • Financing fees and capitalized interest. gra • 3 B-5 • Taxable Versus Tax-Exempt Taxability Must Satisfy I ►Q Federally Imposed Tests A. 'Use Test'-Are more than 10%of the expenditures made for a private purpose? • Types of expenditures for improvements available t- evens resident: streets, sewer,water,etc.,versus • Types of expenditures benefiting private parties, such as landowners/developers: land acquisition,soil corrections, site preparation, etc. B. 'Security Interest Test' Are more than 10% (in some cases 5%) of the payments of taxes and/or debt service guaranteed by the landowner/developer? • A contract or guarantee requiring the landowner/developer to make tax payments and/or fund debt service shortfalls. • Assessment agreements trigger the security Interest test. C. Must Satisfy Both Tests • 11. 86 The Increment' • A. Prior to forming the TIP'district • •Estimated Market Value'of properties in proposed TIP district Estimated Market Value • Translated into Tax Capacity"through statutory requirements Estimated Tax Market —> Capacity Value IP • 'Tax Capacity'times'Tax Capacity Rate'yields property taxes Estimated Tax X Capacity = Property - Schoo District Market —> Capacity Rate Taxes - City Value - Special Districts • • 0 Sq‘ / J BT • B. When a tax increment district is formed • • The'Tax Capacity'is given the term'original tax capacity(OTC).' • Property taxes collected prior to the forming of the district continue to go to each individual taxing jurisdiction. C. New development occurs in the TIF district . . • New market value is added to the existing estimated market value. New . Estimated New New Market Tax Property Value Capacity Taxes Increased Captured in Tax 'The Market Capacity increment' Value (CTC) Tax X Capacity Rate*. Original Original Taxes Market Tax to Value Capacity Each (OMV) (OTC) Jurisdiction • • • 1114 D. Increment received over term of TIF district • New market value Is added to the existing estimated market value • Taxes • Increment Income x Taxes to Each Jurisdiction I I v I J I I I Time (Years) - > • • • 7 84 • Financing of Project Costa • In most cases, the City Is required to fund project expenditures prior to development occurring. • City issues general obligation tax Increment bonds to finance the project costs. The possibility exists for non-general obligation revenue bonds to be issued. • City receives tax increment revenues over a period of years and uses them to pay debt service on the bonds. • Tax increment bonds are repaid by: a) tax increment revenues. b) general obligations: Potential City-wide property tax levy. This.situation can be dealt with through security guarantees by the landowner. 4110 • Financial limits of the City's ability to fund project.costs dictated by the amount and duration of the tax increment revenues available. • 4i 8-10 • Considerations of LGA/HACA • Effective for districts approved after April 30, 1990, the City may experience a reduction in its Local Governmental Aid (LGA) and/or Homestead Agricultural Credit Adjustment (HACA). • City must compute hypothetical reduction in state aids to school districts if new TIF value is included in school district tax base. The difference between the actual aid and the hypothetical aid will result in a reduction of the City aid. This reduction is applied first to LGA and then, if necessary,to the City's HACA. • Depending on the type of district, the reduction is phased. This is an annual reduction and the Departments of Revenue and Education will make these calculations. • The 1991 Legislature added a new type of district for purposes of adjusting the LGA impact in certain economic development districts. A 'qualifying manufacturing district' is an economic development district which is certified after June 30, 1991, is located in a city with a population under 10,000 and is outside of a U.S. metropolitan statistical area. • • • S B-11 f •PERCENT OF CAPTURED TAX CAPACITY THAT IS 'QUALIFYING CAPTURED TAX CAPACITY` • Economic Development Qualifying Renewal and Years from or Soils Condition Manufacturing Renovation Other Certification Districts District Districts Districts. 0 100 0 0 0 1 100 20 0 . 0 2 100 40 0 0 " 3 100 60 0 0 4 100 80 0 0 5 100 100 0 0 6 100 100 12.5 6.25 7 100 100 25 12.5 8 100 100 37.5 18.75 9 100 100 50 25 10 100 100 62.5 31.25 11 100 — 75 37.5 12 100 — 87.5 43.75 13 — — 100 50 14 — — 100 56.25 15 — — . - 100 62.5 16 — 100 68.75 17 — 100 75 ill 18 _ 100 81.25 19 100 87.5 20 — 100 93.75 21 and Over — - 100 100 • 410 8-12 SECTION C THE DOCUMENTS Development District Plan • This document establishes Overall guidelines for the project area boundaries, and the type and level of improvements to be constructed or acquired. • This document does establish h the TIF district, nor begin the increment income generation process. Tax Increment Financing Plan • This document establishes the boundaries of the TIF district, the expenditures and financing limitations, and starts the process for collection of increment income by the City. • The Development District Plan and the Tax Increment Financing Plan can be drafted SP either concurrently or the Development District Plan can be drafted first and the TIF Plan later on. Development Agreement A. This document is a contract between the City and the landowner, stipulating the obligations of each party. The Development Agreement usually requires the landowner to: • Construct a development within a certain timeframe with a specified minimum size and market value. • Provide guarantees ensuring the timely completion of the development, and may require prompt payment of property taxes and debt service shortfalls. 11 G1 The Development Agreement usually requires the City to construct public improvements and/or purchase land associated with the new development according to an agreed upon schedule using the expected tax increment income. B. Terms of this agreement may well dictate If bonds we tax-exempt C. Many cities currently require a Development Agreement on all new developments. Commony, a TIF Development Agreement exceeds 50 pages before exhibits. • • • • q-N42..... C•2 • SECTION D 410 `n ■ L C . ■ 111 11111 ... O m c U ,....._ eo Q b L i m To 1 O •C t • •WO C V d e en, c 01.- a N O t (10 C m C CD m — 0 U • mr) 4o Z. L r In L y . ■ .:�•:.: o . .. _ il i c .0 u. a) C F N g w i 15 15 0 1. P i . LIJ • 2 a � E I . , 81 a-. ii 154 e 1 g 1 I E h ,i 111.1111 . 1 i ... Li • c8 giS x � 00 aQ .. • Cf 3 • SECTION E BENEFITS AND COSTS • City's Perspective A. Benefits • TIF allows City to realize new development which would root otherwise,occur(the BUT FOR'test) without the use of TIF. • City can realize broader economic gains of new development in terms of employment,tax base enhancement and secondary spin-off effects. • City can facilitate the construction of related public improvements It wishes to achieve by coordinating a TIF project with more general public improvement projects. • City may have better control over the nature of the development. • City may be able to fund administrative and/or community development costs with income from the district. • In some cases the quality of new development is enhanced by TIF. • B. Costs • Usually, the City has the risk that property taxes might not be paid and/or changes In property tax laws or funding of local governments cause tax increments to fail short of scheduled debt service payments. City may pledge to use other funds/or general property tax levies to pay debt service. (Development Agreement guarantees.) • City and other overlapping taking jurisdictions (county and school district) must wait until end of TIF district (0-25 years) until the new development is translated into tax base. E-1 • • Depending on magnitude and strategy for addressing fiscal disparities contribution on commercial properties, there can be internal shift in property tax • burdens. • City may lose a portion of its LGA/HACA for the duration of the district. This has a direct impact on the general fund of the City. Landowner(s) Perspective A. Benefits • Development can proceed because TIF provides a funding source for a public improvement where no other viable funding source exists. • Without TIF, landowner absorbs development costs of either: • Special assessments for public improvements, and/or • Hard costs of land acquisition and site preparation. With TIF these costs are funded in whole or in part by TIF bonding, and landowner pays only his property taxes,which are the same whether TIF applies or not. B. Costs • Usually an extended development period required for TIF process. • Usually landowner provides financial guarantees to City securing taxes and debt service on the TIF bonds. • Greater City monitoring of scope,quality and timing of new development 11 q) E'2 SECTION F POLICY QUESTIONS • Tut For Test • In order for the City to create a TIF district ft must make a finding that the new development would not occur BUT FOR'the use of tax increment financing. • The critics of TIF state that the development would occur anyway and the City is simply giving money to a private party. • Counties and school districts are particularly interested in this finding because from their position they will not realize any enhancement to their tax base until after the TIF district is terminated (up to 25 years). LGA/HACA • • The City must determine if it is willing to invest a portion of its own funds in the project based on loss of LGNHACA. Project Area The project area, the parcels upon which TIF funds can be spent, can be the same as or greater than the TIF district,the parcels from which income is generated. • Does the City intend to use TIF funds beyond the parcels from which TIF income will be generated? • Does the City envision numerous TIF districts created over time within a single project area? • Does the City have other improvement projects in other adjoining areas for which funding can be augmented with TIF? • Does the scope of the improvement project benefit two or more TIF districts? 9F.1 As a general rule the smaller the TIF district the better. • • Impact on county and school district is reduced. • Short term of Economic Development TIF districts requires development to occur over tight timeframe. City cannot afford to have parcels in T1F districts with no expected development in near Mute. Level of Assistance A. How much funding does the City wish to commit to the project? • Demonstration by private parties of need for level of TIF assistance. B. Mandatory imposed limitations • Term of district; statutorily imposed term. • • Tax capacity rate ceilings • Original tax capacity rate • Referendum tax capacity rates C. Discretionary imposed limitations • • Term of district shorter than maximum permitted • Nature of expenditures • - Do they lead to taxability and therefore higher interest rates yielding lower net bond proceeds? • Pace of development • How soon will development occur? • • Fiscal disparities option on commercial-industrial developments in the Twin Cities metropolitan area. F2 . Fiscal Disparities • State law requires new commercial-industrial properties to contribute 40% of their assessed valuation to a metropolitan-wide pool for distribution back to all local jurisdictions. • For TIF districts with new commercial-industrial development,the City must decide as to- whether the fiscal disparities contribution will be made from valuation within the district • or the amount of such valuation must come from commercial-industrial properties located in the City but outside of the TIF district. • How does this affect the TIF district and related increment income? Annual Annual TIF District TIF Districts Tax Capacity Tax Capacity Without Fiscal With Fiscal - Disparities Disparities Net Captured (CTC) Tax (60%) Capacity (CTC) Fiscal Disparities Contribution 40%) (OTC) (OTC) • • F-3 • Over the life of the TIF district. • Without Fiscal Disparities (Option A) Tax New Tax Capacity Capacity • Captured Tax Capacity Original Tax Capacity I I I I I I I I I Time (Years) -s► With Fiscal Disparities (Option B) Tax New Tax Capacity Capacity Net Captured Tax Capacity Fiscal Disparities Contribution Original Tax Capacity Time (Years) -i F-4 Primary Impacts If the fiscal disparities contribution comes from the TIF district, less increment income results which restricts the level of funding for the project. • If the fiscal disparities contribution comes from outside the TIF district,the converse Is true,that being an increase in the level of funding. Secondary Impacts With the fiscal disparities contribution being made from outside the district, the amount of the contribution must come from other commercial-industrial properties. Therefore, a greater share of these commercial-industrial properties' tax capacity will be subject to the metropolitan area- wide fiscal disparities extension rate. These properties could pay more or less property tax depending on whether the local extension rate is greater or less than the metro-wide extension rate. • The potential exists for City-wide extension rate increases dependent on the relative magnitude of new development to the City's entire tax capacity. With the fiscal disparities contribution coming from outside of the district,the City's gross tax capacity is reduced by both the entire TIF captured tax capacity and the fiscal disparities contribution. The fiscal disparities contribution exists no matter which option Is chosen. However, the compounding of both of these situations can lead to a potentially higher • • City extension rate. Whether such a condition exists depends on the relative magnitude of the new development as compared to the City's total tax capacity. • City Securi*y Guarantees A. Usually when TIF bonds are sold they are general oblioation bonds. General obligation TIF bonds require that If Increment income is not sufficient to pay debt service at any time over the life of the bonds then the City is ultimately required to levy City-wide property taxes to repay the bonds. • • 0• 0 ' F5 B. How can this occur? • New development is constructed over a longer timeframe and/or to a lesser market value than represented to the City at time of approval; • Property owners don't pay their taxes on time; • Property owners pay taxes on time, but with decreases in tax capacity rates caused by changes in the funding of local governments or tax structures changes, actual property tax payments are less than scheduled debt service. C. How does the City protect itself? (Options -some or all) • Assessment agreement stipulation market value of new development and schedule of completion. • Withholding bond proceeds or delaying construction of public improvement until all or a portion of new development completed. • • Liquidity guarantees (letters of credit) provided by property owners ensuring timely payment of property taxes (number of years?). • Liquidity guarantees (letters of credit) provided by property owners covering debt service shortfalls regardless if taxes are paid on time. • Pay-as-you-go: No debt is issued. The landowner finances his own improvements and is reimbursed over time by the City from the actual collection • of increment income. D. The level of guarantees depends on the level of risk the City perceives Itself to be exposed to. .City Administrative Costs The creation of a TIF district and the negotiation of a solid Development Agreement requires • substantial time commitments by the City staff and its consultants. A large portion of that time 0 Is expended prior to the signing of the developer agreement and before actual construction of • the new development. Furthermore, additional City staff time is needed to monitor and report on the performance of the TIF district over its entire duration. The legislature has anticipated these City costs by providing for a reimbursement for administrative costs. This reimbursement is limited to 10% of project costs, and Is intended to cover all staff and consultant costs other than engineering. The City should consider two relevant policy questions. • Does the City wish to receive a guarantee of its costs from the landowner for the period from inception of the TIF process until signing of the Development Agreement? This guarantee covers the situation whereby the project terminates during the negotiation phase. • What is the appropriate level of administrative cost reimbursement? • • .7 • CITY OF EAGAN • ECONOMIC DEVELOPMENT GOALS 8/6/91 1. Retain, Expand and Diversify Tax Base - Keep residential property taxes as low as possible through broad, substantial tax base - Limit adverse effects to community's revenue position due to economic conditions Achieve economies of scale available for larger concentrations of property value 2. Retain, Expand and Diversify Employment Base Provide job opportunities for Eagan residents - Limit dependence on narrow job categories Enhance buying power for Eagan businesses' goods and services 3. Enhance the Image and Visibility of the City - Encourage sense of community and community identity through recognition of City as economic activity center, corporate headquarters, etc. - Enhance external image of City as economic destination, corporate center, etc. - Develop identity as major economic center in addition to the Minneapolis/St. Paul central business districts as Bloomington/494 strip is doing. 4. Attract Primary Dollars from Outside the Community - Produce goods and services sold outside of the community i in regional, statewide, national and international markets such that dollars are brought into the community and not just circulated within it. - Improve Eagan's ability to attract shoppers and service users from outside of the community from the freeway and highway system. 5. Retain, Expand and Diversify Retail and Service Facilities for Eagan Residents, Employees and Businesses - Create massings and synergies of retail activity - Provide a broader spectrum of locally available choices in the areas of retail goods and services to reduce the outflow of Eagan dollars to other communities and to reduce Eagan residents' dependence on long car trips for goods and services. 6. Create Massings of Economic Activity - Create focuses and areas of commercial/industrial, retail and hospitality/entertainment activity that will natually encourage related and spin-off businesses.- - Encourage substantial development of existing economic activity areas within context of Comprehensive Land Use Guide Plan. 0 ECONOMIC DEVELOPMENT TARGETS 111 1. Commercial/Industrial - Encourage Head of Household Job Formation - Attract Clean Industry/Manufacturing Attract Service Industries - Encourage Expanded Business Service Sector - Promote Eagan as Location for Headquarters and Branches of Major Companies 2. Hospitality - Attract Visitors and Tourism - Visitors and Convention Bureau - Capitalize on Mall of America Market and Traffic - Expand Lodging Opportunities for Local Businesses 3. Retail Capitalize on Mall of America Market and Traffic - Explore Other Regional Market Opportunities - Attract Larger/Major Anchors - Encourage Big Ticket Retail such as Auto and Marine - Specifically: - Men's and Women's Fashions - Upscale Grocery - Department/Junior Department. Stores - Furniture - Full-Service Sporting Goods - Electronics 4 - Office Supplies/Stationary - Camping Outfitters - Hobby and Crafts - Home Maintenance 4 . Entertainment/Service - Expand Available Food and Beverage Options - Promote Youth-Oriented Entertainment - Attract Evening Entertainment Opportunities - Specifically: - Upscale and Ethnic Restaurants - Theaters - Racquet Sports - Golf Facilities TOOLS FOR ECONOMIC DEVELOPMENT 1. Clear, Concise, Unified Approach to Development - The City Council, Economic Development Commission and City Staff will work together and in cooperation with the development community to achieve the common goals outlined above. Public processes will be efficient and effective to minimize impediments while insuring that the community's standards are maintained for the benefit of all Eagan residents and businesses and each new development. • 2. Targeted Marketing The City will actively solicit 0 prospective businesses in priority categories to achieve the common goals outlined above. Direct contact and direct mail will be utilized to introduce prospects to the community and promote their location within the City or specific areas within the City as appropriate. 3. Other Promotions - The City will utilize its own and other media to promote local business retention, formation and expansion and emphasize Eagan as a corporate headquarters, economic activity center, retail destination and attractive home. 4. Financial Assistance - The City will consider financial assistance to specific development projects provided that: 1) The project furthers one or more of the goals outlined above, 2) The development demonstrates financial feasibility through a review by the City's financial consultant, 3) The development demonstrates a need which cannot be met entirely through conventional financing, 4) The development meets the eligibility criteria of the assistance program being requested and the City Council determines the project to be sufficiently valuable to the City to justify public assistance. The City will determine whether the proposed development is of a nature and scope appropriate for public financial assistance. Specific financing tools include: • - Tax-Increment Financing - Redevelopment - For blighted or deteriorated developments or areas. - Renovation and Reuse - For deteriorating areas meeting a less restrictive blight test than for redevelopment. Economic Development - For manufacturing, warehousing, research and development and telemarketing. - Soils Correction To correct soils conditions • which would otherwise cause a property to be economically infeasible to develop. - Hazardous Waste Clean-Up - To correct and clean-up hazardous waste contamination which would cause a property to be economically infeasible to develop. - Revolving Loan Fund - The City may be able to capture certain grant or other funds to form a locally managed revolving loan fund. The purpose of such a fund would be to support local business formation and expansion through a diversified portfolio of near-market loans for gap financing for projects which achieve the City's goals but are otherwise conventionally financed. Ordinarily, loans would not exceed ten percent of a project's financing. The Fund would • be administered by a Board including local bankers, business leaders and the City Finance Director. 10 - Housing and Redevelopment Authority The Dakota County BRA may coordinate certain . funding programs, including federal programs, for qualified redevelopment activities. Small Business Development Center The Small Business Development Center at the Dakota County Technical College can assist small businesses with business development planning, employee training, access to jobs programs and federal funding programs. - Federal Programs Small Business Administration - Loans and loan guarantees for fixed assets, working capital or facilities. - State Programs Industrial Revenue Bonds - The City can apply to the state pool for qualified development prospects for fixed assets. - Omni 504 Program - Subordinate loans to create jobs. - Economic Recovery Fund - Grants/loans to local units of government for fixed assets, working capital or facilities. - Enterprise Zone Program - Tax incentive program for significant job expansion/retention. . - World Trade Center - Technical assistance and information network for import and export 4 - opportunities. Foreign Trade Zone - Permits duty-free processing of manufactured goods through the Minneapolis-St. Paul Area Foreign Trade Zone program. - Sales Tax Reduction - State Department of Revenue Program reduces sales tax on manufacturing equipment from 6-1/2% to 4-1/2%. - Economic Development Authority/Port Authority - The City may consider the formation of an Economic Development Authority under current legislation or a Port Authority under special legislation to permit public ownership of property and provide other powers for local economic development and redevelopment. P 1 Agenda Information Memo • January 21, 1992 City Council Meeting FIRE DEPARTMENT SURPLUS PROPERTY I. Disposition of Surplus Property,Y� Fire Department—Enclosed on page is a copy of a memorandum from the Fire Department outlining three items of surplus property and the proposed disposition of each. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the referenced items as surplus property and authorize disposition as indicated. • 101 P • t )j city of eagan `L., 1 MEMO DATE: November 25, 1991 TO: Tom Hedges, City Administrator FROM: Ken Southorn, Fire Chief SUBJECT: Disposition of Surplus Property The fire department is requesting the following equipment be declared as surplus and disposed of as follows: 1. 3M model 516 copier, city asset tag #01828. This items has been in the fire department for a number of years and has outlived its usefulness. Suggested disposition is to advertise for interdepartment bids and sell to the highest bidder. 2. Phonemate telephone answering machine model 7200, city asset tag #1961. This items has been in the department for 5-6 years and due to the new phone system's voice mail is no longer needed. Suggested disposition is to advertise for interdepartment bids and sell to the highest bidder. 3. Series of rural firefighting training materials. These training materials are no longer appropriate for the fire department's utilization. This material consists of 14 slide carrousels with varying topics, the vast majority of them relating to rural firefighting tactics, some on salvage and overhaul, and others on driving. Most of these are somewhat dated-still good information but not in a media that we any longer use. We have been doing so much more of ours on video now. Suggested disposition here would be a donation of this training material and the carrousels to either the Pine City or Hinkley Fire Departments both of which could benefit greatly by these training topics. If you have any questions or concerns with these suggestions, please do not hesitate to contact me. KRS/kmk • 1 V Agenda Information Memo • January 21, 1992, City Council Meeting AUTHORIZE FEASIBILITY REPORT (LEXINGTON POINTE PARKWAY) J. Project 625, Authorize Feasibility Report (Lexington Pointe Parkway - Streets & Utilities)--For the past several years, the completion of Lexington Pointe Parkway westerly to its connection with Lexington Avenue has been considered and deferred dependent upon various development proposals of the commercial property in the southeast corner of Lexington Avenue and Diffley Road. During this time, the City has had a difficult time keeping construction and residential traffic off this uncompleted and unimproved future roadway alignment resulting in various safety concerns resulting from the inherent hazards of an unimproved roadway alignment. In addition, with the proposed reconstruction of Diffley Road beginning mid-summer of'92, this would provide an excellent alternate access and detour route for all the residential property in the Lexington Pointe and Northview Meadows developments south of Diffley Road. Therefore, staff is recommending that the City Council authorize the preparation of a feasibility report so that staff may investigate the costs and benefits associated with completing the streets and utilities for this critical interconnect of local streets to a County road. Enclosed on page '(0 is a copy of the segment in question. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the feasibility report for • Project 625 (Lexington Pointe Parkway - Streets & Utilities). NO,.LK]CV c6r J N;Od I nor. 0 i I):31 I— I— o z LJJ \ / ( -- � Lc!j_ I__G ct1 /: DJ (r( X • t_r) z \ c c_L) I �� '" i I I X � ' � / I I I I I I I _j (f) \ iaeun I I _) I - - .... 3_ssso.c e-= -- - , .-' r �� —.taM vs %� i /� --- \ +�� • Z o ' I H ` /L-k ��6.66t 3..o4.LC. � Z •••• �fi� �„/tP O N erf J UJ Cc Q I :• t _ /' �� / ZC`i N w I I / �'� I" O Z a / - :: Ii . 1 Q o O C cr Z W W 1 Z J P U ::::. i d ) 0 r i) ■1 \7 o _(. �> p A• fM.LCSS.ON 0c711 S 0: a —10iu 6) z c II / � 1; g �W --.. - ,.t---= pp-• �6-- _�i ,lam— I � : RD.43 ) 1 - - - LEXINGTON AVE. (CO. ____)1 t i • i \..\\., 0 ti Io a R Wlf r i c Agenda Information Memo January 21, 1992 City Council Meeting • K-9 RETIREMENT K. Retirement, Police Department K-9—Enclosed on pag\is'a memorandum from the Police Department relative to the proposed retirement of Smokey, one of the Police Department's K-9's. As indicated in the memorandum, the City's typical practice has been to permit the K-9 handler to keep his partner as a pet upon retirement and that is being suggested in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the retirement of the Police Department K-9, Smokey, as presented. • police department PATRICK J.GEAGAN Chief of Police KENNETH D.ASZMANN • —City of clagan Operations Captain 3830 PILOT KNOB ROAD �/ THOMAS EGAN EAGAN.MINNESOTA 55122-1897 Mayor PHONE:(612)681-4700 FAX:(612)681.4738 PATRICIA AWADA PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES January 15, 1992 CityAdmk,instrator EUGENE VAN OVERBEKE City Clerk TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: RETIREMENT OF K-9 EMOKEY In early December, 1991, Smokey sustained a serious injury to his right front leg during a training session. The injury. occurred when Smokey jumped off a training device and landed wrong on his right front leg. 40 Attached is a letter from Dr. Morrisette, Smokey's Veterinarian, indicating the prognosis is quite poor for him returning to work with this condition. Dr. Morrisette also advised us that the cost for an operation would be in the neighborhood of $1, 500 and he would still not be able to return to work at full capacity. As a result of this injury, we are being forced to permanently retire our K-9, Smokey. We are requesting that the Eagan City Council allow Smokey's handler, Mike Schrader, to keep the dog as a family pet. This has been our practice, in the past, when we have retired a K-9. Once the dog is retired to the officer, all upkeep is done personally by the officer. With the concern we have for the Police Department Budget and the cost in replacing Smokey, as well as the training time involved for an officer, we do not anticipate replacement, in the near future. The department would like to maintain the option of replacing the K-9, if we can find budget money available, in the future. Pa rick J. ea Chief of Police PJG:lb Attachment THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY / Equal Opportuntty/AfSrmative Action Employer Animal Care By People Who Care 40- s. -1i •'7i - �� • 1 .. i.e.. n, vµ • ARDEN SHOREVIEW 1-6-92 API IMAL HOSPITAL To : Lieutenant Gerald Meszuras Eagan Police Department From: Dr . Larry Morrisette Arden Shoreview Animal Hospital Re : Smokey Dear Lieutenant: Smokey has sustained an injury known as acarpal hyper- extension of the right front leg, a condition in which the ligaments stabilizing the carpus (wrist) are torn. This is a very serious condition which renders the limb essentially useless . Repair of this condition involves a surgical procedure called a panarthrodesis , which means fusing the joints using a steel bone plate, sometimes a surgeon may use additional techniques such as bone pins or grafts depending on the severity of damage observed at surgery . The convalescent period for this procedure is in the 4-6 month range , probably on the long side for a large dog like Smokey . Additionally , a second surgery , to remove the plates , with an additional convalesance of 4-8 weeks would be required, probably within 8-12 months of the initial surgery . • Prognosis for returning to - work with this condition is quite poor. Pet dogs who have had this procedure done can usually walk normally , some of them can do a limited amount of running and playing. A working K-9, however, would not be able to perform at peak capacity (if at all) , and would be very prone to breaking down the repair. Some dogs are not helped at all by the surgery even if only kept as pets Attached you will find two price quotes, one for each surgery . If you have any further questions , or if I can help in any way , please feel free to contact me. Sincerely , Dr . Larry Morrisette • 1261 West County Road E a Arden Hills,Minnesota 55112 a 612-636-2883 `t3 Agenda Information Memo 0 January 21, 1992, City Council Meeting APPROVE PLANS/AUTHORIZE AP FOR BIDS (WELL #16 - PUMPHOUSE & PUMPING FACILITIES), L. Contract 91-11, Approve Plans/Authorize Ad For Bids (Well #16 - Pumphouse & Pumping Facilities)--Plans have been completed and reviewed by all appropriate Public Works personnel and found to be in order for Council approval. Staff is requesting Council approval of these plans and authorization for an ad for bids for this contract to be scheduled for 11:00 a.m., February 14, 1992. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 91- 11, (Well #16 Pumphouse & Pumping,Facilities) and authorize an ad for bids for 11:00 a.m., February 14, 1992. DESIGNATION,OF REGULATORY AUTIHORITY WETLAND CONSERVATION ACT ENFORCEMENT 0 M. Designation of Regulatory Authority Wetland,Conservation Act Enforcement--The 1991 Legislature passed the Wetland Conservation Act which deals specifically with protection of our wetland resources. This Law requires that impacts on any wetlands must be either avoided, mitigated or compensated through replacement on a 2:1 ratio. This legislation specified that the Board of Water& Soil Resources (BWSR)in coordination with the DNR will be the agency overseeing the preparation of rules and guidelines when this program is permanently implemented on July 1, 1993. However, an interim program began January 1, 1992. This Act requires that a local government unit (LGU), either the city or the WMO, be designated to officially review and control through a permit process any activity affecting any wetlands. Without any LGU being specifically identified, the State has placed a moratorium until one has been designated. When discussed at the last WMO meeting, all three communities (Inver Grove Heights, Mendota Heights and Eagan (representatives) concurred that the LGU for this program should be the local cities rather than the WMO. This should receive formal ratification by each of the city councils so that).WSR can be so informed to remove the temporary moratorium. Enclosed on pages I / and Co is a synopsis of the Wetland Conservation Act. Enclosed on pages 1 through ‘ is a summary of its impact on our community as prepared by the City' s Water Resources Coordinator. ACTION TO BE CONSIDERED ON THIS ITEM: To designate the City of Eagan as being the responsible local governmental unit (LGU)for the implementation and enforcement of the 1991 Wetland Conservation Act. ■ , _ The Wetland Conservation Act of 1991 : the Interim Program r Soil Resources(BWSR)is the state administrative agency for the Wetland Conserve- The Minnesota Board of Water and S (BWS tion Act of 1991. Because we have received so many questions regarding the act,and the interim program beginning Jan. 1, 1992,the BWSR is mailing this document to many of the rgar►nations and people affected by the act Any further ques- tions can be directed to the BWSR,612-296-3767,or 1-it00-6 2-9747. The regulatory provisions of the Wetland Conservation Act take place in two phases.The first phase is an interim program prohibiting wetland alteration that begins Jan. 1, 1992, and lasts through July 1, 1993. After July 1, 1993, a permanent program begins.The programs provide exemptions and also allow landowners to "replace"wetlands through an approved replacement plan. So what exactly does the Wetland Conservation Act mean for local governments and landowners? And when do their responsibilities begin? Between now and Jan. 1, 1992... • Local government units (LGUs) must decide which LGU will administer the interim provisions of the act. (BWSR is available to facilitate this discussion between LGUs.) Although soil and water conservation districts (SWCDs) or any LGU with permitting authority can administer the interim provisions, the permanent program is more restrictive: only counties and cities can administer the permanent program in Greater Minnesota, and only cities, townships and water management • organizations can administer the permanent program in the Metro Area. It seems logical to consider giving responsibility for the interim program to the LGU that will ultimately administer the permanent program. • •The designated LGU should notify the BWSR that they have accepted responsibility for administering the act. If no LGU takes responsibility for the program, landowners with nonexempt wetlands will be prohibited from altering them. Moreover,since the BWSR will not assume local administration of the program, landowners will have no one to determine exemptions or approve replacement plans. •The BWSR will develop administrative guidelines for the.interim program. After Nov. 11, 1991, a copy of the guidelines may be obtained from the BWSR (612-296-3767).The guidelines will be open 1991. The comments and adoption of the guidelines will be' ' n comment until Dec. 6, 199 P� to wntte co , considered at the Dec. 18, 1991, meeting of the BWSR. After Jan. 1, 1992... •After consultation with the Wetland Heritage Advisory Committee (a nine-member committee consisting of the commissioners of agriculture and natural resources, and seven others appointed by the governor), rule making for the permanent program will begin. •The BWSR will provide training to LGUs concerning the interim program. •The BWSR and LGUs will work together to let landowners know that they must get approval from the LGU before altering a wetland. •The LGU must decide if a wetland activity is exempt; if it is,the LGU might want to consider issuing a°cert Icate of exemption." Although this certificate is not required,it will help the landowner quickly explain the wetland's status to enforcement officipls. Ili •The commissioner of the Department of Natural Resources (DNR) is responsible for enforcement - of the act.Although conservation officers are primarily responsible for this enforcement,other peace Ank officers will assist the DNR. •Exemptions include: * the proposed activity is in a wetland subject to federal farm program Swampbuster require- ments; • the wetland has a cropping history or was in 'set aside"six of 10 years prior to Jan. 1, 1991; * the activity is in a wetland that was enrolled in the federal Conservation Reserve Program, was cropped six out of 10 years prior to enrollment,and has not been restored with public or private assistance; • the activity is in a wetland that has received a commenced determination by the Agricultural Stabilization and Conservation Service (ASCS); * the activity is in a type 1 wetland on agricultural land, except for bottomland hardwood type 1 wetlands; • the activity is in a type 2 wetland that Is two acres or less located on agricultural land; * the activity is in a wetland created solely as a result of beaver dam construction, or blockage of culverts through public or private roads; • the activity is necessary to repair and maintain public or private drainage systems, as long as wetlands that have been in existence for more than 20 years are not drained; • the activity is related to development projects and ditch Improvement projects that have received at least preliminary approval within five years before Aug. 1, 1991; = certain activities related to Corp. of Engineer permits, forest management, aquaculture, wild rice production, and routine maintenance of highways, streets and utilities. 41 •Landowners proposing nonexempt activities have these options: = The landowner and the LGU can agree that the landowner will replace the wetland within one year of the effective date of the rules governing the permanent program and that the replacement will abide by those rules. (The rules will be effective about July 1, 1993.) • The landowner can replace the wetland acre for acre(at a 2:1 ratio for non-agricultural wetlands and at a 1:1 ratio for agricultural wetlands)and type for type before or during the wetland activity. • If the replacement is required by a permitting authority other than the LGU,the LGU may defer to that replacement plan, providing that the replacement requirements are at least 1:1 (ag) and 2:1 (non-ag). •The LGU must establish a technical evaluation panel. The panel is responsible for making wetland delineations, resolving questions concerning exemptions and providing guidance on replacement plans. The LGU approves the replacement plans. By statute,this panel consists of a professional employee of the SWCD,a BWSR employee and an engineer from the LGU. (The panelists may add other members from the public or private sectors to provide additional expertise.) •The legislature appropriated funds to SWCDs to serve as an information clearinghouse about the act and to provide training to local officials. 40 s � MEMO TO: TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS AND RECREATION 411 TOM COLBERT, DIRECTOR OF PUBLIC WORKS JOHN VONDELINDE, SUPERINTENDENT OF PARKS FROM: RICH BRASCH, WATER RESOURCE COORDINATOR DATE: DECEMBER 11, 1991 SUBJECT: BRIEFING ON IMPLEMENTATION OF WETLAND CONSERVATION ACT OF 1991 I. Introduction The Wetland Conservation Act of 1991 was passed by the most recent session of the state legislature. The Minnesota Board of Soil and - Water Resources (BWSR) has been assigned the responsibility of administering the Act at the state level. However, the Act mandates a strong role by cities, counties and watershed management organizations (WMOs) in the administration of its regulatory elements. The regulatory provisions of the Act take place in two phases. The first phase is an interim program that begins on January 1, 1992 and lasts until July 1, 1993 . The permanent program takes effect Ask on July 1, 1993 . The following is a summary of the major provisions of the regulatory part of the program and their major implications for the City of Eagan. II. Background A. Intent of 1991 Act • The basic intent of the Act is to recognize and protect the • public benefits of wetlands with regard to water quality treatment, floodwater retention, public recreation, fish and wildlife habitat, groundwater recharge, and potential commercial uses. It does this by emphasizing the preservation and-where significant impacts are unavoidable-replacement of existing wetlands. In general, the Act sets up a program designed to act as a "safety net" for wetlands not actively regulated under the authority of either the Minnesota Department of Natural Resources (DNR) or the federal Corps of Engineers (COE) . B. Existing Jurisdictions Currently, the DNR regulates 3 of the 8 types of wetlands. In addition, DNR jurisdiction in urban environments extends only 411 1 to wetlands having a size of 2.5 acres or greater. Of the 411 375+ wetlands (including lakes and ponds) that have been inventoried in Eagan, only about 60 meet both these criteria. They are referred to as "protected", meaning DNR must authorize any activity which modifies their cross-section below the ordinary high water mark. Typically, these wetlands are the "untouchables" with respect to draining and filling. Dredging/sediment removal and encroachment are heavily regulated as well. Where DNR authority covers activities that would change the cross-section of a wetland, the Corps of Engineers regulates only the discharge of dredge or fill materials into wetlands. However, these COE responsibilities extend to all wetlands regardless of size or type. Where COE and DNR jurisdictions overlap, the regulated party must comply with all the conditions set by each agency. There is no official minimum - size under which COE regulation ceases, but there are many exemptions that apply to certain types of activities. Small wetlands, especially those less than 1 acre and "isolated", appear to merit little attention by COE with regard to avoidance or replacement. The principle sideboard with respect to wetlands jurisdiction by the Corps is the relatively broad definition of a wetland which is established in a 1987 technical manual compiled by the U.S. Fish and Wildlife Service. 41/ C. Relation of 1991 Act to Existing Jurisdictions The Wetlands Conservation Act of 1991 is designed to establish additional state and local regulatory control over wetlands that are not actively regulated by either DNR or the Corps of Engineers. For the most part, these will be small wetlands that may not even show up on many wetland inventories completed in the past. In• general, the Act sets up a program that encourages avoidance of impacts to wetlands first, then reduction of impacts to the subject wetland if avoidance is untenable. If neither avoidance nor reduction of impacts are reasonable, then the Act requires mitigation, often by the replacement of a wetland with similar values. In urban environments, 2 acres of replacement wetlands are required for every one acre of natural wetland eliminated. It is important to note that the Wetlands Conservation Act uses a definition of wetlands similar to that established in the 1987 federal technical documents. There is now considerable debate at the federal level regarding whether to significantly narrow the definition of a wetland for federal regulatory purposes. If the federal definition of wetlands is narrowed, it would shrink the number of wetlands currently regulated by the Corps of Engineers. This would in turn increase the number of wetlands falling through to the "safety 2 net" established by the Act and could add substantially to the 40 workload of local governments in wetland regulation. D. Exemptions Under 1991 Act There are numerous exemptions to some requirements in the Act. Most of those exemptions are directed toward agricultural operations but there are some which affect urban development as well. Perhaps the most significant is one which exempts from the requirements of the Act any development which received final or preliminary plat approval or conditional use permit approval between August 1, 1986 and January 1, 1992. Any development platted after January 1, 1992 is, however, subject to the provisions of the Act. Another exemption covers any activity necessary to repair and maintain public drainage systems as long as wetlands that have been in existence for more than 20 years are not drained. III. Administration and Enforcement A. The Interim Program The interim program has several immediate requirements of interest to the City. 411 First, local government units (LGU) should decide by January 1, 1992 which LGU will administer the interim program at the local government level. One of the major functions of the designated LGU will be to determine exemptions to the provisions of the Act and to decide whether to approve replacement plans for affected wetlands. This function is important because there is a moratorium prohibiting filling, draining, or burning of non-exempt wetlands that begins on January 1, 1992. Without an LGU to administer the program at the local level, landowners will have no one to determine exemptions or approve replacement plans. Consequently, otherwise allowable projects under the program will not be able to legally proceed. If an LGU is not designated by January 1, 1992, the blanket moratorium will effectively exist. until one is designated and begins functioning. Second, the Act requires that community peace officers assist the Department of Natural Resources in enforcing the provisions of the Act. The details of this enforcement role have not yet been worked out but probably represent at least a slight change in the traditional role of local law enforcement officials. Finally, the Board of Soil and Water Resources has just released a set of proposed guidelines for the interim program 3 • under the Act. Comments are due to BWSR no later than December 18, 1991. Staff are currently reviewing the proposed rules for possible comment. B. The Permanent Program During the interim program, BWSR will be working on developing and adopting guidelines for the permanent program. It is not yet clear - to what degree the permanent program will differ significantly from the interim program. However, one difference is apparent already. While soil and water conservation districts or any other local government unit with permitting authority can administer the interim provisions, only cities, townships, and watershed management organizations can administer the permanent program in the Metro area. Thus, it makes some sense to give responsibility for administering the interim program to the same local government unit that will ultimately administer the permanent program. IV. Major Issues There are at least two issues of immediate concern to the City regarding the administration of this program. First, we need to decide who the responsible LGU should be for 4 administration of the interim program. At the November meeting of the Gun Club Lake Watershed Management Organization, there was some discussion of whether the WMO was the appropriate LGU and of the merits of delegating authority to member cities for administration of the program within their jurisdictions. Such an arrangement would be acceptable for administration of the permanent program. Action on this item was postponed pending the outcome of a review of the program requirements by the WMO's attorney and will be taken up at the next meeting currently scheduled for January 23, 1992. Second, we will soon need to further define the process and the roles of the various participants in administering the program. The interim program guidelines and, the statute deal with this to some degree. Yet there remain many questions important to the • operation of the program, including the decision making roles of the entities involved, the roles of the LGU, developers and others in gathering information to make decisions, expected timelines for processing wetland alteration requests, whether a wetland banking system should be set up to facilitate replacement, how best to inform developers of their responsibilities under the Act, and others. The interim program rules that will soon be completed by BWSR and a series of workshops scheduled for January and February, 1992 will provide additional guidance with regard to some of these questions, but many will have to be answered by the LGU's themselves. 410 4 \2— V. Conclusions The Wetlands Conservation Act of 1991 is considerably more expansive and detailed than I've outlined here. This memo is just an attempt to identify a few of the major aspects of the regulatory part of the legislation that will affect the City. Additional discussion-both in-house and with other agencies and outside parties-is still needed to assure that we thoroughly understand and can assume our obligation under the Act. It would be helpful to discuss with you how best to proceed in the coming weeks. AL( Rich Brasch Water Resource Coordinator RB cc: Mike Foertsch, Assistant City Engineer John Wingard, Development/Design Engineer Jim Sturm, City Planner Jon Hohenstein, Assistant to the City Administrator Steve Sullivan, Landscape Architect/Park Planner Gun Club WMO Board Members 0064 :wetlands IIP 5 Agenda Information Memo January 21, 1992 City Council Meeting PROJECT 592/NOTICE FOR REASSESSMENT/PAUL & NANCY BROOKS N. Project 592, Set Public Hearing & Authorize Notice for Reassessment, Paul & Nancy Brooks us Addition • Lift Station & Storm Sewer)—Enclosed on pages 1,2.3 through is a memorandum from the City Attorney's office relative to the above- referenced item. Following adoption of the assessment roll for the above-referenced project, . an objection was received from Paul & Nancy Brooks for Parcel #10-03200-030-01 located on Cliff Road. Upon review of the appeal, it is the City Attorney's recommendation that the City Council consider deletion of this assessment and that it set a public hearing and distribute proper notice in this regard. In order to transfer title to property to a new owner,the Brooks paid the assessment as well as submitting their appeal in this regard. If the assessment is ultimately deleted, the Brooks would receive a refund in this regard. One of the aspects of the public hearing will be to properly notice all concerned parties of the proposed deletion relative to future obligations for the subject parcel. ACTION TO BE CONSIDERED ON THIS ITEM: To set the public hearing and authorize notice for reassessment for the subject property under Project 592 as presented. • 411 MEMORANDUM TO: Tom Hedges, City Administrator FROM: James F. Sheldon, City Attorney DATE: January 13, 1991 RE: Brooks v. City of Eagan Court File No. C8-91-8383 Minnesota Statute Section 429.071 (Subdivision 2) provides that when an assessment is, for any reason whatever, . . .as to any parcel or parcels of land. . . is excessive or determines on advice as a municipal attorney that the assessment or proposed assessment or any part thereof is or may be invalid for any reason, the Council may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to such parcel or parcels. Based on the memorandum enclosed we are recommending that the Council give notice and hearing of its intention to delete the assessment in full on the Brooks property since we expect to collect the connection fee at the then rate when and if the property connects to storm 40 sewer. This process is a little out of the ordinary since the property owners have changed and we think it is important that all the parties in interest have notice of the proceeding. I assume you will put this on for the January 21, Council meeting with a request to publish and mail notice for the deletion of the assessment. Please contact me if you have any questions. JFS/wkt 411 410 MEMORANDUM TO: Jim Sheldon FROM: Annette M. Margarit DATE: January 6, 1992 RE: Brooks v. City of Eagan Court File No. C8-91-8383 On September 16, 1991, the Eagan City. Council adopted a final assessment in Project No. 592 in the area of the Willmus Addition. According to the feasibility report, the Project involved construction of a lift station and force main from Pond BP-6 to the existing trunk storm sewer in Thomas Lake Road. The costs were assessed using an area method assessing a single-family home at .056 per square foot. Paul Brooks and Nancie Brooks were the owners of Parcel No. 10-03200-030-01 at the time of assessment and were assessed $6,222.33 . Mr. Brooks objected to the assessment at the City Council hearing on September 16, 1991 and submitted his written objection at VWthat time. Mr. Brooks served his Notice of Assessment Appeal on the City Clerk on October 2, 1991 and paid his assessment on the same date. Mr. and Mrs. Brooks have since sold their property. This parcel has not been previously assessed for trunk area storm sewer and is not connected to City utilities. Attached are four maps: No. 1 describes the improvements and shows their location; No. 2 shows the proximity of the improvements to Brooks' property, both of which are highlighted; No. 3 shows the assessed parcels for Project 592; and No. 4 shows the direction of drainage of Brooks' parcel. Mr. Brooks' argument consistently has been that the majority of his parcel does not drain in the direction of the Project and thus he should not be assessed for the Project. The attached topographical map supports with Mr. Brooks argument. The City of Eagan Special Assessments Policy adopted February 19, 1991 states in regards to trunk area improvements, the area assessed will be that area that "has at least 51% of its land lying within 1/4 \69N'ik mile on either side of the trunk main and any additional property All that is or will be serviced by the trunk through the installation or extension of a lateral." See Section 3, Subdivision 1 of the Special Assessment Policy. This was the section Tom Colbert used in deciding that the parcel immediately to the west of Brooks' , 020-01, should not be included in the assessment roll and it was subsequently dropped by the City Council. Looking at the topographical map, it appears as though the majority of Brooks' property drains to the back of his lot and thus would not lie within the drainage district serviced by BP-6. Being consistent with the City's position regarding 020-01, it seems appropriate to recommend to the City Council that they dismiss the assessment against Brooks property despite the fact that he has already paid it and wait to collect the connection fee if and when the property connects to City services. AMM/wkt • 4IM j 1� iSTR4TFORD DR `fit �`f‘v /(111 k it Ex. Storm Sewer 1 £fip t. / allirvilP/OF k:3 r-'4EB i kV:0"k * 41ftlial Vgc I 1 16141Fr#?// virmOir 4140 Ai &lli zr 11:11p.,„ 4.,. 01%.444.8 Left k IL 10), / Ili 13121-9 • V "'40to. 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FIG I STORM SEWERS(existing) STORM SEWERS(proPo.ed) . . . . . . . •-4'_ __ STORM I STORM LIFT STATION(existing) ■ I STORM LIFT STATION(proposed) 0 STORM FORCE MAIN -► ,r+►-0••►-10 • MAJOR DIVISION emom_ errW ci. -> r 1 / 7/ iiiima riWARYaI9WATVDgRU. srAni w ..Y :. -.rF�- • 11. . • DI ROAD 1=t •, 0 TF Rp \, 0 ,� 1 '!tirauage to Pond Ail. , will' lasigos, Alfil : IR ‘ ‘ ■,400,46 ' titi.04 ,, :.:\ ;wok allat i)1) A •ell ' ' .14.:71 L Ejaa . t.wjr ow ift j 1 rIll_ ol al AR t� _ . ` 4,1,1NUTrl \ ` .,' v lC iparer 0 ' Ill f 15 is t.,* rr rr .t• .,,ts. a=lat���,i���a p�''��� WO 4111 ' ♦,��1101" ~ztia ( .. • �• efl 'r -� to. . ,•ii • i B !fir w ♦ row ..r . r _ Wit • .......WCtila 1111.'t 44 S 4111' VAIr ail IMIII IIketAA'; �`,�Volk ,.,.1...4, ,— . ■ ROAD awr a� n: NO MO .rll�i i ' >w'' � -° ' sit t I �_ __ Lit i �r /1 ■ um 'i«ffr Oi ♦i►� i�a 1 /4■ 46.:' .1111/11r,"..4111111111" t$)'' ... �v oats,. 744 NN,... ... 4,�.,�,�� -. `:.,:., . .��:: ,�►• •_ —, tea, NI 10, �r 4•. .. t:rr t` 11 lute It sell Air 4' �s 'his ■CO', 41:17 lifitom ma 16.1 —an 121011 %, dili* 4 Nit Iiiir, r4Airx . 1.1 .p4.04 ......, 44...., .62 Ai .Af 41 1000 - 2000 Ile • , # al 0® Trunk Area Assessment Scale in feet t3ortdstroo EnpUMn &Arch:wets Willmus Addition Rosette Trunk Storm Sewer Anger"k Associates Bt.ta, Irterota Aft Assessment . Map City Project No. 592 (Date: Co .April Fig. No. . 2 ka.8- . . _ 1 a ./ __,I'/I • - gi: 1' L,i ' kD k • • — — - _ - TCOLIN'YT - _ - — — '1.-.;•-•F'=�n �- ss .. az a•aIn aF3r3�•a."Fars•• s s�.�' HI i irl �• ; �'....t"""��" i ^ r�= ! �. .... � i -s° irk, II 4 ..._,'� • ; �` r :1 I / / / ! 30:01 ��\\ \ `1 \\ ar / 1 - _ t \ , \. '-s • '' . ��• :' ::;1,: 1 _ \ 1• ...:::;.',:;; ,ii:i;:!'::.,.:::. \ 1 , .-/,' • 0 \ is :::;:iii:;i::;:iiii;:::4,1.:.,;'.:.:.:e,:.:•. :1.■ :1/4.1.:::ii ;..%V.:::: \ 1 1 P. •*::::-.*:.:::.t:gjz ..:.....:.:.::......:......:.:f....-.:......y.:::2.:: ; �,,. .,.:.r: is ;i / / � // It/,: . :;� .. / / i./ -- 1 I ipia\ i I ‘ 1 I 1 1 I I I 11 le.,,..•■ a 1 !kt‘ \ \ ‘V :it if* I NI i , imal 4, .ithr i . \\, . ' \-- lar......„...4: ...., , , i it A , III - - ' - I li 4114pf 0 le .\iii‘Itit% 1 44 • of • .. ...at,ge a; Sjf ageocir ,Oleg',III? s 1 "— — 14 . / a Agenda Information Memo January 21, 1992, City Council Meeting 1992 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS Each calendar year Organizational Business is considered at the second regular City Council meeting during the month of January. Those items that require the specific action of the City Council include: A) Advisory Commission Appointments, B) WMO Appointments, C) Acting Mayor, D) Legal Newspaper, E) City Council Meetings, and F) Standing Committee Appointments (Council). A. ADVISORY COMMISSION APPOINTMENTS: There are six(6) advisory commissions that make recommendations to the City Council. Those commissions are as follows: Advisory Planning Commission Advisory Parks, Recreation & Natural Resources Commission Airport Relations Committee Economic Development Commission Joint Burnsville/Eagan Cable Commission Solid Waste Abatement Commission Advertisements were placed in the City-wide newsletter and local newspapers during the month of December indicating that vacancies existed on certain advisory commissions. Letters were received from over thirty residents seeking either reappointment or appointment to an advisory commission. All residents, including those currently serving on a commission, were given notice and invited to participate in an interview with the City Council on January 14, 1991. The Council interviewed 21 individuals. There were two interviewees on Tuesday who indicated an interested in serving on committees or commissions other than those specified in their application. Those persons were: Kevin Knight (APC, ARC, EDC & APRNRC) Jonathan Widem (APC, Cable & APRNRC) The method for appointing Commission members is to use a ballot offered and distributed by the City Administrator. For example, a ballot will be distributed to each member of the City Council for Advisory Planning Commission appointments. Since there are three (3) vacancies for three-year terms and one (1) vacancy for the one-year alternate term, the Council will vote for a number of candidates to fill those vacancies. It is suggested that the City Council vote for three or possibly four candidates on one ballot,with the fourth person (receiving at least a majority) becoming the alternate. An alternate method would be to vote separately for the three-year vacancies and the alternate. It is required by law that each City Councilmember initial their ballot and the City Administrator will act as the custodian of ballots,announcing the votes for each commission appointment. A commission • appointment requires a majority vote by the City Council. Agenda Information Memo January 21, 1992, City Council Meeting • 1. Advisory Planning Commission—The Advisory Planning Commission meets the fourth Tuesday of each month to review development plans and make recommendations to the City Council. The three year terms of Ron Voracek, Lori Trygg, and Mark Miller expired on December 31, 1991,therefore creating three positions on the Advisory Planning Commission for three (3) year terms. There is also a one-year alternate position, created by the expiration of alternate John Gorman's term on December 31, 1991. Ron Voracek and Mark Miller are applying for reappointment to a three year term. John Gorman, alternate, is also applying for a three year term. Those applying to the Advisory Planning Commission are: John T. Gorman (Present Alternate Member) Mark S. Miller (Present Member) Ronald Voracek (Present Member) David P. Austin (Also Applied APRNRC, Cable, EDC) Troy S. Borgersen Emilio P. Fedeli (Also Applied Cable) Richard Frenette (Also Applied EDC) John G. Griggs Shawn Hunter Kevin Knight (Also Applied ARC, EDC & APRNRC) Jonathan L. Widem (Also Applied Cable & APRNRC) ACTION TO BE CONSIDERED ON THIS ITEM: To make three (3) appointments for three (3) year terms and one appointment for a one (1) year alternate position. 2. Advisory Parks, Recreation & Natural Resources Commission—The Advisory Parks, Recreation and Natural Resources Commission meets the first Tuesday of each month to advise the City Council regarding park dedication by developers, purchase of additional park land and City recreation programs. The positions of George Kubik, Ted Billy and Jack Johnson expired on December 31, 1991. Their positions are three year terms. In addition, a vacancy also exists because of the resignation of John Griggs at the close of the year. Because Alternate Deborah Johnson was appointed to fill out the unexpired term of Michael Vogel who resigned earlier this year, the alternate position is also open. Jack Johnson and Theodore Billy are both applying for reappointment. Those applying to the Advisory Parks, Recreation, and Natural Resources Commission are: Theodore Billy (Present Member) Jack W. Johnson (Present Member) \ Agenda Information Memo January 21, 1992, City Council Meeting David P. Austin (Also Applied APC, Cable, EDC) Dave Hansen Erin R. Ipsen Mark R. Johnson Kevin Knight (Also Applied ARC, EDC & APC) David L. Mooradian (Also Applied SWAC, Cable) Jonathan L. Widem (Also Applied Cable & APC) ACTION TO BE CONSIDERED ON THIS ITEM: To make three (3) appointments for three (3) year terms on the Advisory Parks,Recreation and Natural Resources Commission and one (1) appointment for one (1) year as the alternate member of that Commission. 3. Airport Relations Commission—The Airport Relations Commission regularly meets the second Tuesday of each month to review airport issues within the City of Eagan and to recommend airport related policy to the City Council. The terms of Dustin Mirick and Lois Monson expired on December 31, 1991, leaving two (2) positions open for a three (3) year term. We have recently received Larry Alderks' resignation leaving an additional three (3) year term open. Two positions for the one year alternates,previously held by Randy Verble and Bruce Nauth, are also open. The City encourages residents from airport noise affected • neighborhoods and representatives from the business community to be a part of this Commission. It should be noted that the Airport Relations Commission exists at the discretion of the City Council without formal authorization in the City Code. Ms. Monson and Mr. Mirick have both requested reappointment to the Commission; therefore, the applicants are: W. Dustin Mirick (Present Member) Lois Monson (Present Member) Donald J. Amundson Ralph T. Carlson Robert J. Cooper Kevin Knight (Also Applied APC, EDC & APRNRC) Bill Korte Thomas N. Monahan Patricia Todd Jane Vanderpoel ACTION TO BE CONSIDERED ON THIS ITEM: To make three (3) appointments for • three (3) year terms and two (2) appointments for two, one-year, alternate positions. 2 Agenda Information Memo January 21, 1992, City Council Meeting • 4. Economic Development Commission—This Commission functions to promote the City of Eagan's commercial-industrial climate, to recommend general policy direction and to advise the City Council on matters pertaining to industry and commerce. The Commission members each represent certain defined categories which are: Corporate - Larry Wenzel Industrial - Thomas Korsman Financial - Kirk Duholm Development - Patrick Grinde Media - Cathy Matuszek Utility - Eldon Johnson Public - Roger Hughes Service - Debra McMartin General Business - Cynthia Luse-McKeen The three-year terms for the Development Sector and the Public Sector, currently held by Patrick Grinde and Roger Hughes, respectively, have expired. Both Mr. Grinde and Mr. Hughes have applied for reappointment. This Commission exists at the discretion of the City Council without formal authorization in the City Code and terms are on a staggered, three-year basis. • Those applying for appointment to the Economic Development Commission are: Patrick D. Grinde (Present Member) Roger Hughes (Present Member) David P Austin (Also Applied APC, APRNRC, Cable) Kevin Knight (Also Applied APC, ARC & APRNRC) G. H. (Jerry) Norsby Tom J. Pederson Timothy D. Ploetz ACTION TO BE CONSIDERED ON THIS ITEM: To make two appointments for three- year terms to fill vacancies in: 1) the Development Sector and 2) the Public Sector of the Economic Development Commission. 5. Joint Burnsville/Eagan Cable Communications Commission—The Cable Communications Commission meets the second Thursday of each month to oversee the administration of the Joint Burnsville/ Eagan Cable Television System. The one-year • l33 Agenda Information Memo • January 21, 1992, City Council Meeting Alternate term for Michael Guncheon expired on December 31, 1991. Mr. Guncheon has applied for reappointment. Those applying for a position on the Joint Burnsville/Eagan Cable Communications Commission are: Michael A. Guncheon (Present Alternate Member) David P. Austin (Also Applied APC, APRNRC, EDC) Jonathan Widem (Also Applied APC & APRNRC) Emilio P Fedeli (Also Applied APC) Daniel L. Mooradian (Also Applied SWAC, APRNRC*) *Mr. Mooradian said he preferred one of the above commissions but would serve anywhere there were vacancies. ACTION TO BE CONSIDERED ON THIS ITEM: To make one (1) appointment to the one-year alternate position on the Cable Communications Commission. • 6. Solid Waste Abatement Commission—The members of the Solid Waste Abatement Commission have been appointed on an ad hoc basis since its inception in 1986. The Commission currently has nine members and no alternate (five are residents and four represent business). As mentioned in the Organizational Business packet in 1991, staff is now suggesting the establishment of terms for this Commission. It is recommended that three terms of three years, three terms of two years, three terms of one year and one term of one year for an alternate position be established. Those persons requesting appointment are: Terry Davis (Present Resident Representative) Floyd Hiar (Present Resident Representative) Ken Ische (Present Resident Representative) Dennis Seiz (Present Resident Representative) Terry Jacobs (Present Business Representative) Larry Knutson (Present Hauler Representative) Craig Seim (Present Hauler Representative) Daniel L. Mooradian (Also Applied APRNRC & Cable) • Agenda Information Memo January 21, 1992, City Council Meeting • All nine current members will be asked whether they wish to continue with the Commission and if so, what length of term they are willing to serve. For Council's information, Earl Milbridge will not be returning so there is a vacancy in the Business Sector. Darlene Bahr, a resident, said she would be willing to serve as an alternate; however, if the Council changes the role of the alternate to require attendance at all meetings, Ms. Bahr's intentions will have to be clarified. The Chamber of Commerce has been asked to recommend a candidate for the business vacancy. That name will be supplied on Tuesday. In order to make the selections for SWAC,the current members of the commission and any new applicants will be included on the ballot. ACTION TO BE CONSIDERED ON THIS ITEM: To make three (3) appointments for three (3) year terms, three appointments for two year terms, three appointments for one year terms, and one appointment for a one (1) year alternate position. GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION B. Gun Club Lake Watershed Management Organization—Along with the other special committees and commissions appointed by the City Council, representatives have been selected by the City Council to serve on the Gun Club Lake Water Management Organization Board of Managers. The Board, established in response to a State legislated • mandate for a watershed management organization, is controlled jointly by the cities of Eagan, Inver Grove Heights and Mendota Heights. Director of Public Works Colbert has been directly involved with the Gun Club Lake WMO for the past 8 years. Because of this long involvement, Mr. Colbert feels it is would be timely to name a replacement. Gun Club Lake Watershed Management Organization members serve at the discretion of City Council, therefore, staff is requesting that Water Resources Coordinator, Rich Brasch, be elevated to a full representative position. The Council can then decide whether to retain Mr. Colbert's appointment as an alternate or consider ap ointing a citizen or commissioned representative to that position. Enclosed on pages_ and is a copy of Director of Public Works Colbert's memo covering these changes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Gun Club Lake WMO's request to: 1) appoint Rich Brasch to a full-time, indefinite term position on the Organization and 2) to consider the appointment of Tom Colbert or another commissioned representative as an alternate member. ACTING MAYOR C. Acting Mayor—There is a statutory requirement for City Code cities that a member of the City Council be appointed as acting mayor. All Councilmembers are eligible for this • I 5 Agenda Information Memo • January 21, 1992, City Council Meeting appointment. The acting mayor presides in the absence of Mayor Egan at City Council meetings and all other activities pertaining to the City of Eagan. Historically, the Mayor has made this appointment. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint an acting mayor. LEGAL NEWSPAPER D. Legal Newspaper—It is a statutory requirement for the City to designate a newspaper as the official legal newspaper for the City. The statute specifically states that a City can only designate a legal newspaper of general circulation in the City as its official newspaper. Published during the year are such items as those required by law to be published and such other matters that the Council may deem advisable and in the public interest to be published. Those items include, but are not limited to the following: City Code amendments, annual financial statements, Council proceedings, notice of elections, resolutions, regular and special meeting agendas. The Ci has received two (2) ro osalne from This Week Newspapers and the other from Min esota Sin Publicat,ipns. The proposals submitted by the newspapers are enclosed • on pages (4( through (4 — . The Dakota County Tribune's quote is more favorable to the City and includes free publication of legals and minutes in the This Week. The publication deadlines and actual distribution of This Week provides a better time line for submitting legal notices and agendas by City staff. ACTION TO BE CONSIDERED ON THIS ITEM: To approve retaining either This Week Newspapers or the Minnesota Sun Publications as the City of Eagan's official, legal newspaper. CITY COUNCIL MEETINGS E. City Council Meetings—Each year the City Council must designate days and times specifically for the purpose of holding regular City Council meetings. In years past, the City has met on the first and third Tuesday of each month at 6:30 p.m. If the first and third Tuesdays of each month are so designated, it will be necessary to change five (5) dates due to: 1) the March 3 Precinct Caucuses,2) the April 7 Presidential Primary Election,3) the May 19 School Board Elections in Districts #196,#197,and#191, 4) Yom Kippur on October 7 but observance begins at sundown on October 6 and 5) the November 3 General Election. The election day meetings can either be changed or held as scheduled but with no action being taken until after the polls have closed at 8:00 p.m. • Agenda Information Memo • January 21, 1992, City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To designate days and times for official City Council meetings. In addition, designate alternate dates for the five conflicting meeting dates. STANDING COMMITTEE APPOINTMENTS F. Standing Committee Appointments—Standing committees of the City Council have been used sparingly in recent years to examine a specific topic or subject matter at the request and direction of the City Council. The standing committees consist of two (2) members of the City Council and can act only in an advisory capacity to the City Council as a whole. The sole purpose of the standing committee is fact finding. In some cases the standing committee may meet several times during a calendar year and in other cases may only meet once or merely provide telephone consultation to the City Administrator. The standing committees appointed for 1991 consisted of the following: Finance Committee, Councilmembers Pawlenty and McCrea;Public Works Committee,Councilmembers Wacher and McCrea; and Personnel Committee, Mayor Egan and Councilmember Gustafson. Historically, the Mayor has made the appointments to the standing committees. ACTION TO BE CONSIDERED ON THIS ITEM: For Mayor Egan to appoint • Councilmembers to serve on various standing committees. CJ� ►-vim Qs-A, ._ • 31 MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JANUARY 13, 1992 SUBJECT: GUN CLUB LAKE WMO - REPRESENTATION In 1982 , the State Legislature passed Chapter 509 which mandated that all communities within the Metropolitan area be governed by a watershed management organization/district. Subsequently, on June 4, 1985, the cities of Eagan, Inver Grove Heights and Mendota Heights entered into a Joint Participation Agreement formally creating the Gun Club Lake WMO. Subdivision 3 of that JPA states that the boardmembers of the WMO shall have no fixed term but shall serve at the pleasure of the respective community's city councils. The following is a chronological listing of those individuals who have served as Eagan's representative on the WMO: DATE REPRESENTATIVE ALTERNATE 3-19-86 Tom Colbert (staff) ---- Scott Merkley (APC representative) Wes Lane (citizen) 9-2-86 ---- Diane Hood (citizen) . 10-7-86 Wes Lane resigned ---- (no replacement appointed) 6-2-87 ---- Diane Hood removed 2-16-88 Cathy Funk (citizen) Scott Merkley Tom Walkington (citizen) Scott Merkley removed 9-16-88 Cathy Funk resigned ---- (no replacement appointed) 1-17-89 Scott Merkley reappointed LuAnn Alderks appointed to 3-year term 1-year term 6-20-89 Scott Merkley resigned ---- (no replacement appointed) 11-9-89 Tom Walkington resigned Mike Foertsch (staff) LuAnn Alderks (formerly Alternate) John VonDelinde (staff) 1-16-90 Council action indicating representatives will serve indefinite terms to be replaced only as vacancies occur. 4-2-91 ---- Rich Brasch (staff) replaces Mike Foertsch \ I-A4 Page 2 • Current Status 1-17-92 Tom Colbert (staff) Rich Brasch (staff) John VonDelinde (staff) LuAnn Alderks (citizen) From its inception in 1984 through the present, I have been intricately involved in coordinating the formation of this WMO as well as being the continuous Chairman of this organization. During this process, a Comprehensive Watershed Management Plan has been prepared and adopted and the organization has overseen the 3-member community's preparation of their local watershed management plans in conformance with the overall WMO goals and objectives. The WMO as it presently exists is well organized and able to handle the responsibilities associated with this subregional organization. With my 7-8 years of direct involvement with this organization, I feel it is timely that this organization receive direction and coordination from other individuals/communities. With the City's recent hiring and acquisition of a professional Water Resources Coordinator, the City of Eagan has very knowledgeable and enthusiastic representation on this organization. Therefore, I would like to recommend that the City Council consider elevating • Rich Brasch (Water Resource Coordinator) to a full representative position replacing myself. The Council can then consider whether to retain my appointment as an alternate or consider appointing a citizen or commissioned representative to that position. It is important that the City Council consider this request at its meeting of January 21 due to the fact that the WMO's organizational meeting is scheduled for January 23 . Respectfully submitted, Director of ublic Works TAC/jj )■ 7,tf\ THIS WEEK NEWSPAPE • • DAKOTA COUNTY TRIBUNE, INC. DES 9 December 16, 1991 �s9f City of Eagan P.O. Box 21199 Eagan, Minnesota 55121 To the Mayor and City Councilmembers: We would like once again to serve as the legal newspaper for the City of Eagan. As the leading publication in this area, we feel it ' s impor- tant to provide our readers with the cities legal notices in addition to the news stories , feature stories and photogra- ph of local events that we offer each week. The Dakota County Tribune has been your official newspaper for many years , so readers and businesspersons are well- acquainted with where to find these important legal notices. We have also served as the legal newspaper for the cities of Apple Valley, Burnsville, Lakeville, Rosemount and Savage as well as the local school districts. Because we have been a legal newspaper for so many years , our staff is very experienced in helping the cities place their legal notices properly. As we have done in the past , legal notices and minutes are reprinted free of charge in Eagan . Thisweek( 12 , 513 copies distributed in Eagan) , our total circulation newspaper. It is important to note that only Thisweek Newspapers are delivered by a professional delivery service in weather protected tubes and bags. If you have any questions, please feel free to call. Sincerely, //j/ Daniel H. Clay Publisher DHC/ch • (612) 894-1111 P.O. Box 1439 1525 E. Highway 13 Burnsville, MN 55337 QUOTATION FORM CITY OF EAGAN No. of Lines Per Column Inch 10 Printed Characters and Spaces Per Line Average 45 Total Characters and Spaces Per Column Inch Average 450 Per Line Cost 67. 7 Per Column Inch Cost $6. 77 Dakota County Tribune, Inc. Newspaper By Carol Haverland December 16 , 1991 Date Comments : We try to be as flexible and accomodatinq as possible regarding the legal deadlines. We have the fax for your last minute legals , 894-1859. Again, thank you for your consideration. • 111 • dirk • shiiiMINNESOTA SUN PUBLICATIONS Sun•Current Sun•Post Sun•Sailor December 17, 1991 City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Council Members: • Please consider the Sun-Current as the city of Eagan's official newspaper for the year 1992 at your January organizational meeting. Our company prides itself on providing a high quality community newspaper that is timely and informative. Our 23 publications serve over 40 cities and school districts as their legal newspaper. Your legal advertising will be processed by Meridel Hedblom who has 19 years experience in handling legal notices. • The rate structure for legals effective January 1, 1992 will be: . 1 column width $0. 67 per line - first insertion ($7.37 per inch) $0. 37 per line - subsequent insertions ($4.07 per inch) 2 column width $1.34 per line - first insertion ($14.74 per inch) $0.74 per line - subsequent insertions ($8.14 per inch) Notarized affidavits on each of your publications will be# provided. Effective January 1, 1992 all legal ads should be sent to our; Bloomington office by Thursday noon preceding our Wednesday publications. In order to expedite our service to you, please direct your legals to the attention of Meridel Hedblom, Minnesota Sun Publications, 7831 East Bush Lake Road, Bloomington, MN 55439. For your convenience our fax number is 896-4754 . Thank you for considering the Sun-Current-as your -official newspaper for the ensuing year. We are honored and pleased to serve you and look forward to a mutually beneficial working relationship with the city of Eagan. Sincerely 0 Greg Ptacin General Manager Sales Bloomington Office:7831 East Bush Lake Road • Bloomington,MN 55439 • Ph:(612)896-4700 \Luic? Agenda Information Memo ____ • January 21, 1992 City Council Meeting ailklitTSINESS :.. SENECA DEVELOPMENT AGREEMENT AMENDMENT A. Review & D scuss Proposed Amendment to Seneca Development Agreement--Enclosed on pages 1 C{ through l c T is a memorandum from the Community Development Department c vering con'espondence from the Metropolitan Waste Control Commission regarding the proposed amendment to the Seneca Development Agreement and progress on the Seneca expansion and improvements to date. The proposed amendment identifies gerformancedates for completion of the N-Viro process equipment and the incinerator odor control equipment previously discussed by the City and the Metropolitan Waste Control Commission. The Community Development Department staff report identifies certain issues and comments received of the Seneca Odor Control Advisory Committee with respect to the proposed amendment and operation of the facility in the interim. The Community Development Department is not requesting action on the amendment at this time,but is rather requesting comments and direction with respect to the proposed amendment and the expectations of the City in that regard. O ACTION TO BE CONSIDERED ON THIS ITEM: To provide staff direction with respect to the proposed amendment to the Seneca Development Agreement concerning odor control equipment. fq‘-9)/ L _sa)-7:),,,,),dc ,67atfos>riti; Q-91) - ct. • \Lk M E M O R A N D U M • TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Senior Planneriw DATE: January 14, 1992 SUBJECT: City Council Agenda Item--January 21, 1992 Meeting Seneca Development Agreement The City Council is requested to review and comment on a proposed amendment to the Seneca Development Agreement, and to provide input on any specific language it would like to see in this amendment. Before discussing the amendment itself, I'd like to provide you with a brief background of activities which lead to the need for the Development Agreement amendment. BACKGROUND According to the Seneca Development Agreement, incinerator odor control improvements were to be complete and operational by October 1, 1991. In early 1991, the MWCC informed the City that it would be unable to meet the October 1, 1991 deadline for a variety of reasons. On April 2, 1991, the City Council found the MWCC in default of the Development Agreement regarding the date for completion of incinerator odor control improvements. The MWCC then proposed to the City the installation of the N-Viro process as an interim alternative to alleviate odor concerns prior to completion of the incinerator improvements. The N-Viro process was accepted by the City Council on June 18, 1991, and staff was directed to contact the MWCC regarding an amendment to the Development Agreement to address this issue and the default. In a letter dated August 15, 1991, the MWCC notified the City that, due to circumstances related to the air emission permit for the Seneca Plant and the uncertainty of MPCA Board action on this permit, the MWCC would be unable to estimate the length of delay caused by these events (and, as such, it would be difficult to draft an amendment to the agreement at that time) . The City recognized this notification of the force majeure in a letter to the MWCC dated August 20, 1991. At its September 24, 1991 meeting, the MPCA Board issued the air emission permit for operation of the Seneca Plant, thus allowing the MWCC to proceed with work on the sludge handling improvements project, including the N-Viro project. In a letter dated December 3, 1991, the MWCC presented language for the proposed amendment to Section 3.3 (b) of the Development Agreement. A copy of this letter is attached. (-14 Tom Hedges January 14, 1992 Page 2 PROPOSED AMENDMENT City staff met with MWCC staff on January 7, 1992 to discuss the language of the proposed amendment. This language changes the date for completion of incinerator odor control improvements from October 1, 1991 to July 31, 1993, and adds dates for completion of the N-Viro facilities of June 14, 1992 for substantial completion and July 14, 1992 for final completion. The June/July 1992 dates for N-Viro completion are as previously discussed with the City at a meeting held in August 1991. The July 31, 1993 date is the date currently stated in the Agreement for completion of odor control improvements if an alternative to incineration (in whole or in part) was approved by the MWCC. Therefore, the dates contained in the proposed language appear to be basically in line with those that have been previously presented by the MWCC to the City. However, the key to the City in this issue is incinerator odor, and the alleviation of this odor as soon as possible. The reason for developing the N-Viro facility at Seneca is that the incinerators can be shut down once the N-Viro process is operational. The incinerators would not be restarted until odor control improvements have been completed. Therefore, in addition to noting the completion of the N-Viro facilities, the shut down of incinerators 410 needs also to be acknowledged in the Development Agreement. Accordingly, City staff requested the MWCC to add language to the proposed amendment to the affect that once the N-Viro facility is operational, the incinerators would be shut down. (NOTE: Apparently, the first incinerator is to be shut down by mid- February, if not sooner. The second incinerator would then be shut down once N-Viro is operational) . Also attached to this memo is a report prepared by the MWCC summarizing the progress of construction and contract activity at the Seneca Plant. MWCC staff will be in attendance at the Council meeting to review the construction project. ODOR CONTROL ADVISORY COMMITTEE COMMENTS The Seneca Odor Control Advisory Committee met on January 8, 1992 and discussed the proposed amendment. Committee members had general questions regarding land application of sludge, other companies besides N-Viro that do land application, and the length of the MWCC's contract with N-Viro. Specifically regarding the language of the proposed amendment itself, one committee member suggested that language be added to the amendment to ensure that use of the N-Viro system is in no limited to 40 percent. In other words, the option of using land application 100 percent of 411 the time (i.e. , 0 percent incineration) should remain available. Tom Hedges January 14, 1992 Page 3 Several committee members will likely be in attendance at the Council meeting to participate in the discussion of this matter. ACTION REQUESTED Considering the background of this issue, and staff and citizen input as noted in this memo, the City Council is requested to provide its comments on the proposed amendment. Specific direction as to any additional language or issues to be addressed in the proposed amendment is requested. Attachments cc: Dale Runkle Jim Sturm 411 • I L-QP iiia) Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 2224423 December 3, 1991 Mr. Michael Dougherty Attorney at Law 7300 West 147th Street P. O. Box 24329 Apple Valley, MN 55124 Re: Amendment to MWCC/Eagan Development Agreement Dear Mr. Dougherty: The MWCC on November 18, 1991 issued the Notice to Proceed to its contractor to begin construction of the N-VIRO process in the Seneca project area. The following amendment to the Eagan/MWCC Development Agreement is proposed by the MWCC: "3 .3 (b) As soon as possible but no later than October 1, 1989, MWCC shall begin implementation of the design phase of the best and most cost effective technology available for incinerator odor control methods. If the MWCC approves incineration, in whole or in part, for sludge management based on recommendations of the Residual Solids Management Study, as soon as possible, but no later than October-1T ererat-ieftea_mtis '4 b� ���'� R a r r �` rn S M �s{s�++ 1 6 i 11 t }¢ry,� ,, ..,,,, ,coo- ����Mf�Jj �{ .AA4' � ��- ...,...4-t.._w,�� i �i y yN� Kf u� '',i . Y x,....7, i .„;,,� r, A'K A, ci f I,4 iir Y FM [',r, - ....a i ..1.. ywa w 3 s �"� a 1 w t - K �-.�.g�� v7.^..��,K..i�. �a`vA�.��s ... .,�, � ,.. "'� 9u .:�a Id '4' ;�;.i e 1 •: ...SE�"'t"':i.,.4•"` ...w +,ssEsa r 3;. = w 14 _• .1, .._ a . b tp.�. ... ......_ ,.aw,,.. p.• -0: V I • e MWCC approves an a ernat ve o nciner ta.on rased on the recommendations of the Residual Solids Management Study, as soon as possible, but no later than July 1993, odor control of alternative treatment and disposal methods shall be fully operational." Please give ma a call at 229-2108 with comments when you have had an opportunity to review the language. In addition, as you may know, Commission staff has been meeting 41) with Mr. VanOverbeke and his staff to discuss payments made by the Commission pursuant to the Development Contract and Escrow Equal OpporionttylAttirmettve Action Employer .4110,0 1 L.4.--i Z0d ZT£ :£i T6, SO 33(I • Mr. Michael Dougherty December 3, 1991 Page 2 411 Agreement. We would like to discuss with. you a possible amendment to the Development Contract to clarify the billing and payment procedures. I am looking forward to hearing from you. sincerely, 4 i i.4) � • eanne K. tross Associate General Counsel ,TICK:am • • • • • • • £0d ZTE 95:£i Z6. 90 33Q JAN- 13-92 MON 1 T : 4- 1 O&M , CO E' - 02 • • • ' Waste Control Commission Metropolitan aul1 Min -- Mears Park Centre.230 East Fifth Street, St. Paui, Minnesota 35101 • --..��__.___.....__.�__�, - — 612 222-8423 January 13, 1992 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot knob Road Eagan, MN 55122 Re; progress Report Required by City-MWCC Development Agreement Dear Mt. Hedges: This letter presents the semi-annual progress report required by Section 3.2. (d) of the City-MWCC Development Agreement. Construction of the Seneca Wastewater Treatment Plant Expansion is proceeding on schedule. Several portions of the expansion have been completed and put into operation during the second half of 1991. A portion of the odor control system in the odor control building was started up in December. Odorous air from the covered primary clarifier 41, and from the interceptor sewer that runs between the plant and Meter Station 500 is being partially treated in the odor control building. In the coming months the remainder of the odor control system will be started up and air from the headworks building, grit tanks and primary clarifier 42, along with the aforementioned air sourer, will start being completely treated. The Sludge Handling Improvements Project is progressing on schedule, with the Notice to ;Proceed iesu•d (Unwary A, 1992. incinerator odor control equipment purchased under a separate procurement contract is ready for shipment pending coordination with the installation contractor. Construction for the N-Vino sludge processing facilities at the Seneca and Metro plants began in November and are progressing on schedule. The current substantial completion date for both projects is June 14, 1992. The odor response procedures remained the same during 1991. Persons perceiving odors can call the MCC Odor Hotline. The hotline answering service in turn notifies our dispatch office when an odor complaint has been received and the responsible person on call ( i .e. , plant manager, interceptor manager) is contacted to investigate the odor complaint. • Ewe!Opportun tyFAthrmetive Pollen Employer \4:k .TFiN - 1 - 07 htrlVI 1 T c •1 7 fl P.II . r. n r - n1! Thomas Hedges January 13, 1992 Page 2 Plant personnel continue to operate the plant to minimize odors. The use of potassium permanganate to help control odors in the solids processing facility was continued during the second half of 1991 . Whenever possible, sludge levels in the primary clarifier were kept at very low levels to prevent sludge aging in these tanks. Masking agents were provided for the sludge flotation thickner building in an attempt to control the potential odor nuisance from this source. The Metropolitan waste Control Commission continues to keep close watch on the odor control units employed at Meter Station 500 and the Nichols Road lift station. Routine testing has shown these units to be operating well. Sincerely, Cordon 0. Voss Chief Administrator GOV:MQM:cros cc: Bill Moore Rebecca Flood will Heapala Jim Wawra Don Madore Harold Voth Pauline Langsdorf Doug Warner 111 . _ Agenda Information Memo • January 21, 1992 City Council Meeting 1992 CDBG RECONSIDERATION B. Reconsideration of Project Designation for 1992 Block Grant Funds--At its meeting of January 7, 1992, the City Council authorized staff to forward application materials to the Dakota County Housing Redevelopment Authority for use of the City's 1992 Community Development Block Grant funds for low and moderate income housing rehabilitation. At the time of that decision, questions were raised with respect to whether the funds could be used to provide additional recreational and open space in existing low and moderate income areas, including the Wescott Square Development. Enclosed on pagep.is a memorandum from the Community Development Department indicating that parks and open space can be an eligible expense for such funds if the property or improvements in question serve low and moderate income families. Community Development Department staff is requesting direction with respect to this item since it had been discussed by Council as an option on January 7. ACTION TO BE CONSIDERED ON THIS ITEM: To reconsider the project designation for the 1992 Community Development Block Grant funds and to approve or deny addition of park and open space improvements for low and moderate income areas as presented. • ID Sl MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 16, 1992 RE: UPDATE - COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION At the January 7, 1992 City Council meeting, the Community Development Department updated the City Council on four possible proposals that could qualify for Community Development Block Grant funds. The City Council directed Community Development to submit the application for housing rehabilitation for 1992. A question was raised as to whether parkland, or open space in the Wescott Square area, was an eligible activity to qualify for funds from this program. The original answer was that it probably would not qualify, however further research by the Community Development Department has found that if the parkland is publicly-owned and park and open space meets the percentages of low and moderate income requirements, it may then be eligible for the Block Grant program. • It would take special study of the census tract to make the determination of the neighborhood, and qualifying that neighborhood for the program in order that the funds could then be used for parkland acquisition and/or development for the neighborhood. In light of the current information, Community Development wants to once again bring this issue to the City Council for discussion before the final application is submitted to Dakota County. If the City Council feels this would be an activity they would like to pursue, the application could be amended to either look at funding two projects: 1) splitting the funds for housing rehabilitation and, 2) acquiring or improving parkland within the Wescott Square area. ommunity Development Director • • DCR/js Agenda Information Memo • January 21, 1992 City Council Meeting PRELIMINARY PLAT EXTENSION/STRYKER ADDITION C. Extension,Preliminary Plat for Stryker Addition,Located Along Beau De Rue Drive and Rahn Road in the Northeast Quarter of Section 19--An application has been received of DCR Company relative to the Stryker Addition at the above-referenced location for an extension of preliminary plat through July 31, 1992. For additional information with respect to this item, please re r to the community Development Department staff report which is enclosed on pages through ( overing correspondence from the applicant relative to this extension, a pending waiver of plat and the associated financial obligations. As outlined in the attachment, the purpose of the extension is to bring to closure the considerations regarding the financial obligations associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the extension of the preliminary plat for Stryker Addition, located at the intersection of Beau de Rue Drive and Rahn Road as presented. • 11111 1 53 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: JANUARY 9, 1991 RE: STRYKER ADDITION PRELIMINARY PLAT & WAIVER OF PLAT In December 1991 the City received a request from the applicant for the Stryker Addition for a Preliminary Plat extension until July 31, 1992. This two-lot subdivision consisting of the Big Top Liquor Store and Cedarvale Highlands along Beau D'Rue Drive was granted a one-year extension in December 1990 subject to eight conditions. In July 1991 the Waiver of Plat in order to separate the residential floors from the commercial area of Cedarvale Highlands was continued by the Council until the Stryker Addition Final Plat will be completed. That application has been submitted. The extension request was reviewed by all departments and the engineering department is recommending that Condition 8 be • deleted since the parking lot improvement has already been completed; all other conditions still apply. The applicant is opposed to the financial obligations proposed with the Waiver of Plat or the Final Plat. Attached is correspondence regarding that issue. If you would like additional information, please contact me. City Planner JS/js Attach. FINANCIAL OBLIGATION - STRYKER PLAT EXTENSION • Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount From Stryker Waiver of Plat $31,026 The financial obligation has been referred to the legal counsel for resolution. It is anticipated that some amount will be collected, the amount being the same whether collected as a condition of the Stryker plat or the Stryker waiver of plat. • • HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL i0EC 2 g POST OFFICE BOX 67 PRIOR LAKE,MINNESOTA 55372 JAMES D.BATES Telephone(612)447-2131 BRYCE D.HUEMOELLER , Telecopier(612)447.5626 December 13 , 1991 Mr. Jim Sturm Eagan City Planner 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Application of D.C.R. Company for Preliminary and Final Approval of Plat of Stryker Addition Dear Mr. Sturm: • I am writing on behalf of the D.C.R. Company to request an additional extension of time to July 31 , 1992 , in which to com- plete, or arrange for the completion of, the conditions estab- lished by the Eagan City Council for the approval of the preliminary and final plat of Stryker Addition. The plat of Stryker Addition encompasses a 3 . 8 acre parcel located at the south intersection of Beau d 'Rue Drive and Rahn Road in the Northeast Quarter of Section 19 . The parcel is pres- ently improved with a one-story brick faced building operated as a retail liquor store and a four-story brick faced building oper- ated as a retail shopping center under the name "Cedarvale Highlands Shopping Center" on the ground floor and residential apartments on the top three floors. On December 18, 1990, the Eagan City Council approved a one year preliminary plat extension for Stryker Addition and estab- lished eight conditions to approval of the final plat. On June 26 , 1991 , the final plat application and all required application fees and all required supporting materials were filed with the City. Over the course of the Summer of 1991 , the improvements to the property required by conditions 5, 6, 7 and 8 of the preliminary plat approval were substantially completed . However, in connection with a related Waiver of Plat proceeding that the D.C.R. Company is processing to sever the apartments from the shopping center on proposed Lot 1 of the plat, the City staff has proposed to impose $31 , 306 in assessment and connection charges. Since the two proceedings are - 1 9 ,rani Mr. Jim Sturm Page 2 December 13, 1991 interconnected, D.C.R. Company has requested that further action on both the plat of Stryker Addition and the Waiver of Plat be suspended until the issue of the financial obligations can be resolved. Accordingly, the request for an additional extension of time in which to complete the plat is requested primarily to enable D.C.R. Company to have an adequate amount of time in which to deal with the proposed financial obligations. ncerely ours, A.LOL_J Bryc J D. Huemoeller BDH:jd cc: D.C.R. Company David L. Grannis, III, Esq. /•57 b. • Page 10/EAGAN CITY COUNCIL Pag /EA MINUTES December 18, 1990 PRELIMINARY PLAT EXTENSION/STRYKER ADDITION Mayor Egan introduced this item as a preliminary plat extension for the Stryker Addition,located along Beau De Rue Drive and Rahn Road in the northeast quarter of Section 19. Gustafson moved,McCrea seconded a motion to approve a one year preliminary plat extension for the Stryker Addition location on Beau De Rue Drive and Rahn Road in the northeast quarter of Section 19 subject to the plat conditions as modified: 1. All applicable standard plat conditions shall be adhere to. 2. A survey of the residual unplatted area shall be submitted with the final plat submission for the _ parcel file. 3. Cross ingress/egress and parking easements shall be submitted with the final plat. 4. Setbacks in the parking lot will be allowed to remain as is with a nevi poured in place concrete curb and sealcoating, patching, and restripping. S. The current overgrown shrubbery shall be trimmed,removed or replaced. Understory trees and shrubs should be planted to screen the parking area. 6. The trash containers should be enclosed in a structure attached to the building and constructed of similar materials as the building. The back wall and the air conditioning units should be covered and the ice cooler should be removed. 7. The liquor store lot should be cleaned,the weeds removed and it should be either seeded or sodded. 8. The adjoining parking lot shall be sealcoated,patched,*nd restripped. Aye: S Nay. 0 • 1 / S 0 W 1 1 I /MD /C__ in;.......: . % N. Cr I�. :'40.00 H r, it 1 g w •� N 36"3s' 10 ` \ '\ i 1 .•�' • O. i '\ 1 i j I : 0 IN I 1 lO ` 6 : H • 1.. r N 1 .1i• / si , I i 1 , % , r1 I k ___ - ' - I ' ' 1 gtx . h I S36.3,'56" W 1 tU ' / t1s 4 0.00 — • • • • • 0 / i 17, ■ I it ris • tu 1114 igl \411■ . V t 1 1 , _1 0° 2. 0 , A .. . , e . 1/16 .I rf x 1 co Yom. Avrma►! t--, (!z-1,1- . /5-'1' . HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE,MINNESOTA 55372 411 JAMES D.BATES Telephone(612)447.2131 BRYCE D.HUEMOELLER Telecopier(612)447.5628 December 6 , 1991 Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: D.C.R. Company - Plat of Stryker Addition and Waiver of Plat Application No. 19-W-3-5-91 Dear Council: D.C.R. Company is platting Stryker Addition to separate the Cedarvale Highland Shopping Center (proposed Lot 1 of the plat) from the building known as the Big Top Liquor Store (proposed Lot 2 of the plat). D.C.R. is also requesting a Waiver of Plat to sever the air rights over proposed Lot 1 of Stryker Addition occupied by the three floors of the Cedarvale Highlands Apartments from the Cedarvale Highland Shopping Center. This area was generally developed between 1968 and 1976 . Except for recent improvements to Rahn Road, the roads and utilities serving the property were installed, assessed and paid for between 1968 and 1976 . The shopping center, apartments and liquor store building were constructed around 1974. The necessary connection and other fees were charged and fully paid at that time. For real estate tax purposes, the tax parcel that includes the shopping center, liquor store building and portion of the apartments over the shopping center was, and is, parcel number 10-01900-020-10 (Parcel 020-10) . One of the goals of the two subdivision proceedings is to obtain three separate tax parcel • numbers . However, for the purpose of past assessments for streets and public utilities, Parcel 020-10 included the liquor store, the shopping center and the apartments. Except for improvements being made to the property in connection with the two subdivisions, the property will remain in its existing condition. The existing land uses will remain the CR. 0 0 Eagan City Council Page 2 December 6 , 1991 same after the subdivisions are complete. The existing zoning will remain the same after the subdivisions are complete. Accordingly, the proposed subdivisions will not result in a "higher" use of the property than presently exists, nor will the proposed subdivisions materially increase the demands upon or use of municipal facilities and utilities over the level of use that presently exists. Nevertheless, the City now proposes to impose $31 ,306 in additional charges in connection with the Waiver of Plat application. The City has not yet disclosed the amount it proposes to charge in connection with the proposed plat of Stryker Addition. D.C.R. Company objects to the proposed charges, and requests that the Council waive the proposed charges, for the following reasons : A. TRUNK STORM SEWER. The City proposes a trunk storm sewer "Trunk Assessment/Connection Charge" of $2,242, computed as follows : • 1991 rate for commercial and industrial property $ .102/SF Reduced by 1991 rate for multi-family property apparently because the property was previously assessed for trunk storm sewer purposes in 1969 at a multi-family rate ( .085/SF) Net rate $ .017/SF Square footage of proposed Lots 1 and 2 X 131 ,894 Proposed Trunk Storm Sewer Charge $2,242.00 1 . Parcel 020-10 was assessed in 1969 for $4,970.20, based on benefits to the property for trunk storm sewer improvements installed in 1968 and 1969 . There are no additional trunk storm sewer improvements being installed in connection with the two subdivisions, and there is no basis under Minnesota Statutes Chapter 429 for the imposition of an additional trunk storm sewer assessment. Use I • Eagan City Council Page 3 December 6 , 1991 2. City of Eagan Special Assessment Policy No. 82-1 (Policy 82-1 ) does not apply to these subdivisions because the property is not being rezoned or developed to a "higher" use and do not fall within the guidelines established by the policy for the imposition of additional assessments. 3 . Although the City has some authority under City of Eagan Ordinance 3 . 07 to impose storm sewer utility fees, it is not "just or equitable" (as required by the ordinance) to charge such fees in connection with these subdivisions for the following reasons: (a) According to Subdivision 3, the charge may be imposed on all premises abutting on streets or other places where municipal storm sewers are located, but not just on premises that are the subject of land use activity. (b) It is not just or equitable to apply the ordinance where neither the land use nor the zoning of the property will change. (c) Subdivision 4 prohibits retroactive adjustments and reclassifications of the property. (d ) The fee schedule furnished D.C.R. Company and used to compute the charge is not based on or related to the portion of the cost of the storm sewer service that was paid by assessment of the property. To the extent that the fee schedule does not conform with this requirement, it violates both Subdivision 3 of the ordinance and the provisions of the Minnesota Statutes that allow municipalities to impose connection and availability charges . (e) The method employed to compute the charge is not based on any specific guidelines, methodology or direction of the Council, and it constitutes an ad hoc supplemental assessment against the property not authorized by Chapter 429 . This clearly is the case since even the fee schedule is entitled "Assessment Fees" . B. WATER AVAILABILITY CHARGE. The City proposes a water availability "Trunk Assessment/Connection Charge" of $5,276 , computed as follows: 1991 rate for Water Supply & Storage (WAC) for commercial and industrial property (again a change from the multi-family classification) $2,420 . 00/Ac (.) Eagan City Council Page 4 December 6 , 1991 Acreage for Lot 1 2.18 Acres Proposed Water Availability Charge $5,276 .00 1 . The entire Parcel 020-10 (including the portion that will be Lot 1 of Stryker Addition) was assessed in 1974 for water availability in Project 112A. The assessment card for Parcel 020-10 also indicates that water connection was paid as part of the "Cedar Grove Acquisition" . There is no justification for new or supplemental assessments at this time. 2 . Policy 82-1 is not applicable to the proposed water availability charge because the existing zoning and land use will remain the same. 3 . Although Eagan City Ordinance 3 .06 authorizes the imposition of "just and equitable" water utility fees for all premises abutting on streets or other places where a municipal water service is located based on reference to the portion of the cost paid by assessment, the ordinance cannot apply in this instance. Selective imposition of the fees on property undergo- ing subdivision is not authorized by the ordinance. The proposed subdivisions will not result in increased use of municipal facil- ities or services . The property will not be upgraded to a "higher" use. The Council has not established procedures, methodology or guidelines for setting the amount of the charges. The property cannot be retroactively reclassified to commercial. C. TRUNK WATER CHARGE. The City proposes a trunk water "Trunk Assessment/Connection Charge" of $3, 348, computed as follows : 1991 trunk water main oversizing rate for commercial and industrial property (not multi-family) $1,536 .00/Ac Acreage of proposed Lot 1 2 .18 Acres Proposed Trunk Water Charge $3 , 348.00 1 . The property was previously assessed for this purpose. Minutes from April 17 , 1974 state that "it was determined that the water lateral charge for the water line on Beau d'Rue not be assessed against the DCR Co. property because it had been paid (.9 • Eagan City Council III Page 5 December 6, 1991 for earlier and assessed against DCR Co. property early and installed by DCR originally. " The 1974 assessment roll for Project 112A includes an assessment for "water area" against Parcel 020-10. The property cannot be reassessed for the same improvements. 2. Policy 82-1 is not applicable to the proposed water availability charge because the existing zoning and land use will remain the same. 3 . Although Eagan City Ordinance 3 .06 authorizes the imposition of "just and equitable" water utility fees, the ordi- nance does not apply in this instance for the reasons stated in paragraph B3 above. D. SANITARY SEWER LATERAL CHARGE. The City proposes a sanitary sewer "Lateral Benefit Assessment/Connection Charge" of $4 ,529 , computed as follows : One-half of 1991 rate for lateral benefit from trunk sanitary sewer $ 16 . 90/clf Lineal feet 268 Total Sanitary Sewer Lateral Charge $4 ,529 . 00 1 . Parcel 020-10 was assessed $1 ,704 .46 for sewer lateral purposes in 1969 . Parcel 020-10 was also assessed $3,205 .98 for sanitary sewer lateral purposes in 1974 as part of Project 112A. Since all of proposed Lots 1 and 2 were at that time part of Par- cel 020-10, it is simply incorrect at this time to take the posi- tion that because the 1969 and 1974 assessments may have been based on 252 lineal feet that there remains 268 feet that has "not been assessed" . Only one tax parcel existed at that time, and the entire parcel was considered when the benefit from the improvement was determined. The City cannot impose an additional assessment, based on today's rates, for improvements constructed and paid for in 1969 and 1974. 2. Policy 82-1 is not applicable to the proposed water availability charge because the existing zoning and land use will remain the same. 3 . Eagan City Ordinance 3 . 08, which authorizes the imposition of "just and equitable" sanitary sewer utility fees does not • apply for the reasons stated in paragraph B3 above. l �-c Eagan City Council Page 6 December 6 , 1991 E. WATER AND STORM SEWER LATERAL CHARGES. Portions of cost of project 139A allegedly not initially assessed: Water lateral of 268 lineal feet $ 4,056 .00 Storm sewer cost of project 139A 23 ,683 .47 Portion assessed to parcel 020-10 (12,107 . 50 ) 11 ,575 . 00 Total Water and Storm Sewer Lateral Charges $15,631 .00 1 . Parcel 020-10 was assessed $1 ,800 for water main lateral purposes in 1968 . Parcel 020-10 was assessed $5,924. 16 for storm sewer lateral in 1975 for project 139A. Additionally, there apparently was another storm sewer lateral assessment of $12, 107 . 50 in 1975 . All of these assessments were against Parcel 020-10, based upon a determination of benefits as to the entire parcel, not an assessment against 252 feet of 520 feet (leaving 268 feet "unassessed" ) . The position that the assessments were limited to a specific portion of the parcel is incorrect, and the assessments are final and binding on both the City and the landowner as to all land within Parcel 020-10. 2 . Policy 82-1 does not apply to these charges since there will be no change in the zoning or land use as a result of the subdivisions . 3 . Although City of Eagan Ordinance Nos. 3 .06 and 3.07 per- mit the imposition of water utility and storm sewer utility fees in certain instances, the imposition of the proposed charges is not authorized in this instance as stated above. Although the ordinances do allow the charges to be fixed by reference to the portion of the cost of the service which has been paid by assessment, neither the ordinance nor the fee schedule approved by the Council endorse or authorize a method for the computation of the proposed charges. It is certainly not clear from the ordinance or the fee schedule that the cost to be referred to is the cost of a project constructed, assessed and paid for more than twenty years before the connection fee is imposed. 4 . Even if the intention of 3 . 06 and 3 .07 is to relate the connection charges to past project costs, there is no documentation to support the claim that there are in fact 1 (e Eagan City Council Page 7 December 6 , 1991 unassessed costs paid by the City which can now be charged as connection fees . 5. Even if there are such unassessed costs, the charges are fixed by reference to the assessed portion and not the unassessed portion. By way of summary, D.C.R. Company is opposed to the imposi- tion of the proposed charges for the following basic reasons: 1 . Each proposed charge relates an improvement for which the benefit as to the Parcel 020-10 has been determined, the assess- ment levied, and the amount of the assessment paid. 2 . Parcel 020-10 includes both Lots 1 and 2 of Stryker Addition. 3 . If a supplemental assessment is appropriate to recover a portion of project costs paid by the City, an appropriate pro- ceeding under Minnesota Statutes Chapter 429 should be commenced against all benefitted properties, not just parcel 020-10. 4 . Since the proposed subdivisions will not result in a change in zoning or land use, Policy 82-1 does not apply. 5 . The imposition of connection fees under City of Eagan Ordinance Nos . 3 . 06 , 3 .07 and 3 .08 would not be "just and equitable" because the ordinances apply to all properties not just those undergoing subdivision, the Council has not (either in the ordinances or otherwise) elected to establish a method for comput- ing the charges based on reference to prior assessments, the Council has not established any procedures, methods or guidelines for computing the amount of the charges, and the ordinances expressly prohibit retroactive adjustments and reclassifications. 6 . Although connection fees can be based on the portion of the cost paid by assessment, the charges cannot under either the ordinances or Minnesota Statutes be the difference between the cost and the amount assessed. Sincerely yours, 610-3.) 411YAJO4 r c�' D. Huemoeller Y , BDH:jd cc: D.C.R. Company • David L. Grannis, III, Esq. John W. Fitzgerald l t (f (10' • MEMORANDUM TO: Tom Hedges, City Administrator FROM: City Attorneys Office • DATE: January 13, 1992 RE: Stryker Addition In response to a request by the Community Development Department, the following is a synopsis of a meeting in mid December 1991 with the City Finance Director, Director of Public Works, Community Development Director, City Planner, Jerry Wobschall, Jim Sheldon and Michael G. Dougherty. The discussion centered around a letter to the Eagan City Council submitted by Bryce D. Huemoeller dated December 6, 1991 concerning the platting of Stryker Addition. Mr. Huemoeller's letter contested the "assessments" sought to be imposed by the City with respect to the platting of the property. The assessment stems from failure to collect certain fees in the early 1970's and or under-collecting the fees at the time of installation of certain utilities. It should be noted, that the properties which comprise of subject matter of the Stryker Addition are each presently connected 410to the City services. At the meeting, our offices laid out the general authority that the City has enabling it to collect monies from a developer and or property owner. These authorities consist of Minnesota Statutes Chapter 444 (Water Works, Sewer, Drains) Minnesota Statute Section 429 (Local Improvements) and Minnesota Statute Section 462.358 (Planning - Procedure for Plan Effectuations; Subdivision Regulations) with respect to the Stryker Addition, Chapter 444 is inapplicable as the property has already connected to the City services and therefore the City's ability and timing to collect the . connection fee are moot. Chapter 429 of the statutes is also inapplicable since there is no present public project being ordered by the City in connection with the plat of Stryker Addition. Finally, the subdivision regulations do permit the municipality to condition its approval of a plat on the construction or installation of sewers, streets, electric, gas, drainage, water facilities etc. in lieu thereof on the receipt by a municipality of a cash deposit, irrevocable letter of credit, or bond in an amount sufficient to insure the municipality that their utility and improvements will be constructed or installed. This is the general authority by which the - City has the right to require deposits of letters of credit etc. by a developer prior to approving or releasing a plat of a subdivision. The key to this authority though is the requirement placed upon the ( 1 developer to construct and install the improvements noted above. It • is our understanding in the Stryker plat, that no improvements of the kind noted above are being required to be constructed or installed. Thus, we do not find any support for the assessments being required of the Stryker Addition. MGD/wkt cc: City Finance Director City Planner Community Development Director Director of Public Works Jerry Wobschall • Agenda Information Memo • January 21, 1991 City Council Meeting SELECTION OF ARCHITECT/ICE ARENA/SWIMMING POOL D. Selection of Architect for Proposed Ice Arena/Outdoor Swimming Pool Project--The Architect Review Committee met on Monday, January 13 at 7:00 p.m. and spent approximately 3 1/2 hours reviewing several proposals submitted by architectural firms for phase I of the ice arena/outdoor swimming pool project. In attendance at that meeting was City Councilmember Awada and Director of Parks and Recreation Director Vraa in addition to the Planning Commission, Parks, Recreation and Natural Resources and Recreational Advisory Committee members serving on the Architect Review Committee. The recommendation of the committee was to interview four firms, they are BRAA, AKR which stands for Ankeny,Kell and Richter and Associates,BRW Architects and HGA which stands for Hammel, Green and Abrahamson. The actual interviews took place on Thursday, January 16 beginning at 2:00 p.m. and present for the interviews were City Councilmembers McCrea and Pawlenty, Director of Parks and Recreation Vraa and City Administrator Hedges. Also participating in the interview were other members of the Architect Review Committee consisting of John Gorman,APC representative; George Kubik,Advisory Parks, Recreation and Natural Resources representative and Frank Potocnik, Alan Menning and Jim Runkel were representing the Recreational Advisory Committee. • After some deliberation it was generally agreed by the committee that three (3) firms, BRAA, AKR and BRW would be further considered with a recommendation submitted to the City Council on Monday evening. The committee asked the Director of Parks and Recreation to prepare some additional information on each of the three firms for their review and consideration during the weekend. The City Administrator will provide either a hand written or some type of recommendation in writing to the City Council on Monday, absent any support staff due to the Martin Luther King Holiday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recommenda- tion of the Architect Review Committee to retain an architectural firm for phase I of the proposed ice arena/outdoor swimming pool project. • LOC\ Agenda Information Memo • January 21, 1992 City Council Meeting VARIANCE/EAGAN ROYALE A. Variance, Doug Pietsch/Pietsch Builders, Inc., of 10' to the Required 30' Setback from Public Right-of-Way for Lot 22, Block 2, Eagan Royale, Located in the Southeast Quarter of Section 31--An application has been received of Pietsch Builders, Inc. for the above- referenced variance from the public right-of-way. For additional information with respect to this application, please refer to the Commugity Development Department staff report which is enclosed on pages 11 through (7C1 for your review. The variance is being requested in an effort to save and avoid damage to a mature oak tree located on the property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 10 foot variance from the 30 foot setback from public right-of-way for Pietsch Builders, Inc. for Lot 22, Block 2, Eagan Royale as presented. • • \ o SUBJECT: VARIANCE 40 APPLICANT: DOUG PIETSCH, PIETSCH BUILDERS INC. LOCATION: LOT 22, BLOCK 2, EAGAN ROYALE (P.I.D. #10-22475-220-02) EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JANUARY 21, 1992 DATE OF REPORT: JANUARY 10, 1992 PREPARED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY: An application has been submitted by Pietsch Builders Inc. requesting a 10' Variance to the required 30' setback from public right-of-way. COMMENTS: The applicant is proposing to construct a home on Lot 22, Block 2, Eagan Royale which is on the corner of Royale Court and Geneva Lane. Pietsch Builders is proposing a 20' setback from Geneva Lane. The purpose for this is a 36" red oak tree. If a 20' setback is approved, it will allow the home to be constructed closer to Royale Court • and the large oak tree will not be lost. The proposed house meets all other setback requirements. The engineering department has reviewed this application and the proposed house does not encroach into any drainage and utility easements. If approved, this Variance shall be subject to all City Code requirements. X4,4 r —"�? ,„ ,, 4 t'; 1* s+ a ,/ , - - 4 .-- e KINGS --•_ LING TS _ 4:?---j g �r k •, ,, , t g SE a c '/ E `< # ,1 s 7 41. 1$TORE / Vii/ . - -----?. 0 r ., R-I Vr\,1 ' / 114 , s., 4.:f : .4-ort._ 0 ,,, A J, a a F- !, , 'l 1, •• ��' ` vQi r ...,)1; E _�� �t tall / /41141 L.J T J \ • STREET MAP ZONING MAP VTR i . ■ COUNTY O • 1/4 C ' �• • COW 3 JANUARY,, 111 10W7Y, MINN 7/ 666rw6 f.wv.u-• •.•vw rw• ff •1 • •••••�s,,�, ►0N0'• '1/44.. ' ` r:,,, , •Y7:'• 4/*(A, Qv ��� a ifll A- R' ii #y. s 4. ' • 4, ►ONO ,3 lc 4.• ' M2'' '' {y ♦ cI b� Y•• Y a ',- tili f.: . t• 4.+ 'T i.\ Is 4.1 % O • he, y .. fi ' , " /�\ r y',j 2, �iiy 33 I. i,'. 9 r _ ,,f+.. ' it • .' 11, • ■ d' 7 tyti i 1i 1 w M / IYv ' I t 1 ' 6666 L'1'•;,. �I liw . Off- • Q ft Gj r 2 / O - j O• M __.JI___ 11 l • t I• I • -1.- - P ti T 1. M i ' la 04.It v W II0 88 7 , .0 is a IX • s 40> ,cfmi: . . ..,_ . 7...._ • ___ _,, . .......... .......:.:.:::. f •1 i .5 . ounm • ` ` A- • ••:::::::::::Sitt::::::::::w \ ......_ . i a. r��w.. 66.J• 6666 z.......,z......., un -,$ •w.l wN• x666 ..•w p n EOIIS°1T1110 f110NIfEnS CLIENT Pe-rscw .13-//z.,o..es , ylf 11017 PIONNEIIt onJ 111UU >'UIIVEYOIIS • yl r110JECi NO. '� ENGINEERING 3907.0/ .I s'� COMPRNv INC. n,./7/ pc. /4 1000 EAST 14511, ST0EE7• OURNSVILLE•MINNESOTA SS377 I'll 4]2'7000 1 CERTIFICATE OF SURVEY • LEGAL DESCRIPTION: _/or zer,-_ ,_ &V_,c'e)zz--, _off&074 VZ /%V,v i,e,;.9. (77.7,-;,;7) Deno,ES Exis I iti ; ELI?VAl loll (/n /,o ) DENO'ES 1,11OI'OSEI) ELLVAI ION INUICAI ES UIIIECI ION OE 6111lrACE UI lAlNAGE Lo 0_67_ .. rINISIIED GAIIAGE riooi 1?LEVAI ION ,L/_,1?.43 BASHMEIII riooll t?LEVAIION • L4?/.c7 •- 'I UP or lOUIJUn1101I i?LlTvnl lull SCALE 1 r.3V' \��\i v% 4� r 3a r7: !-.CCN7- F!,'/LO/L� l,; \` 49, V �� se7D4Ck L/NE - '':; E"? C/ 9. T 'Y"� �J� J S'f'. \ \ °s y • /' .'\ ' ' ,// - 1 -%.. r ,' t. �f.t:9 I ' i 0 R4%'/NA6F AND // P of ,1,1 I ^ 1 v (''o 517,UI/L/7Y (/!SE/71EN7 / ("1,':';I:........_ "y o �I a eo.l A A'r-E, --.. �IVI / / .4-!En Mt w� "••• I '1.' "i I 6.04,4.E rM+irt �), 101 \\ ,/ I li qy'• \ I N N tot, \ d \ LD 1 z7_ I mil) o -1 /�f' -- J ID —------------- I iol I F= . 254.CO '<•• Q14;( ( 7,e) 6reff) 5 f9°53"?9"E do•oo —— l -—- - I Nrnnlr CI-11117Y nlnl Nns IS A nnn;nuu c:onnr.cl nrrnesnnnnuu or A MAC;a LAIR/ —_ — AS SIIOWN ABU UF.SC1110r11 IIEIII'c111.AS 1'1IPI'M[U Ill ME 1105 aA�N Unr Or l�f-'��7N[�'—, 10 9/ a ..�L - ----- •- -- _ Num lIrG.110. /40F5 0(0101003 `_ 30' SETBACK • 1 Ln•`-. •1 rAp zt Vii,none cor 1,1t,i 0 ann ALE unvE005 ','e cLENT /7 E TSC1 /z.oFE9 ENGINEER! 'I •! i.t COMPRIdgr�I C. uK./7/ Pm /4. j. 1000 EAST IlGtI. S10EE7• BUOIISVIt..I.F..NINItE50TA 55537 Mt 452-7000 • . CERTIFICATE OF SURVEY LEGAL DESCRIPTION: _Lor z g/cc_t: 2 EA6A/t/ A'OIA46; 09-K0.Z4 C4gy1J:: /,tryc s'orif. • (777;7) UENOI ES EXIS 1ING ELEVAI1011 (/nai,o ) ' DETIOIES l'lIOl'OSEU ELEVAI 1011 INUICAI rS UIIIECTION or SUIll'ACE UNAINAGE F.30.67 - runs!mu GAl1AGE rLOOII ELEVA1ION AV..Z2_ a UASEMIiI1(MOON rLEVnfloN [031•_33 s. 1011 01' rOUNiA11011 ELEVA11011 SCALE t 1•..90' . • �ooi \ , 1, , .ro, gn/T rcrN7 P////r/V/ _t,. /q sP7Yr4 . !_in.•F ------------ 1' �� `s oc''eT /N4' ' rr>,. ■ st ' '� 1. ,tom 1c ■ • ,/ __' .7::':\ `' 0 '11,,,1 I • + I (� "i '' a Grp j) .`,, • • h ^� / / c"' .Vii / / p> ' QQA'+ ti�- I r\ (U t+ `°4 e/ \,.'e 4j Rl^I rGq/tC4GF /1NC i (:,.,e,'%i b\■ , r v I\I VT/L/rY E2ce../7T '7--r-- / ` - emu.;•-I °_1 s ,74.;.) > I• / J./ Ivntc ir- 1— — --.. . ncnr<..,(1 I/ \ / �' . ' kti t \ (c t i ,51)‘1171.-i; • / 7// �-�� (J :-.------;Th/ /' )� ' t to i '� L .. 1 O1 �r�,..-'' ... ,,.Loo -• - tit: - -. Z5•1.el) - (t/':) tic /rtiS!-R) ,5• 59'53 39-6- 57FFF7"SETA4GK S-` -1,7.0o _. _ — — — � I IIEIIFlIY CEt11AY Illnt 11115 IS A 111115 AIK/CO111IECt IIEI'IIE.SENIAIIOH or A MACE or LAUD t AS SI.OWN AIIU UESCIt10E1111E11EON.AS rorrAnED or ME 111158"DAY or t/4NUA.QY , Lo d ..„ , ..IS';: -�/L�^ /.,>-L••re MItm.MG.no. /Fors d •Erlelonf !/ —.-- • 111111 . 20' SETBACK k 7L( Agenda Information Memo January 21, 1992 City Council Meeting • VARIANCE/BEACON HILL ROAD. B. Variance,Thom Yehle,of 3' to the Required 10' Sideyard Setback for 4722 Beacon Hill Road, Lot 34, Block 6, Beacon Hill Addition, Located in the Northwest Quarter of Section 33--An application has been received of Thom Yehle, of 4722 Beacon Hill Road, for the above-referenced variance. For additional information with respect to this application, please re r to the Co unity Development Department staff report which is enclosed on pages 1lLe through\'�t for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance application for Thom Yehle, of 4722 Beacon Hill Road, as presented. • • SUBJECT: VARIANCE • APPLICANT: THOM YEHLE LOCATION: 4722 BEACON HILL ROAD EXISTING ZONING: PD-R1 (PLANNED DEVELOPMENT—SINGLE FAMILY) DATE OF PUBLIC HEARING: JANUARY 21, 1992 DATE OF REPORT: JANUARY 10, 1991 PREPARED BY: PLANNING & ENGINEERING DEPARTMENTS APPLICATION SUMMARY: An application has been submitted by Thom and Kerry Yehle requesting a Variance of 3' to the required 10' side yard setback. . COMMENTS: The applicant, Thom Yehle, is proposing to add living space above his existing garage. The garage exceeds the five foot setback by two feet; dwelling space requires 10'. Mr. Yehle explained to staff that his house is completely finished and they III need more general living space. They had a pool put in and at that time did extensive landscaping to correct drainage problems with their lot and the adjoining lot. There is an existing drainage route between the house and the pool patio that was designed to carry a large volume of water from the hill. The applicant feels he cannot damage this by putting the addition there. The house meets, or exceeds, all other setback requirement. The engineering department has reviewed this application and the proposed Variance does not encroach into any drainage and utility easements. 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T hereby certify that this is a true and correct, reptitert, tatiptt.vi, . Ab : . •i• Lot 34 , Block 6, BEACON HILL, according to the recordidlgat:, thertai -. :, 0 )40(ot:a County, Minnesota. - , ,g AN.,N.i .... , ;'''.-...: . ,.. ..-:'..• '." : . I Dated : June 29, 3.979 ), ,„.,. , ...-. -:: ; . . . 1 ,.,-•!!.X ,, , •.,-... . ., .1c4. i4 1 i . . • -).- • . ' =1*-;',,t - .'1.. ,I BEN(',HMA.RK: Top sanitary M.H. at,vigil t interii _ _ ...,eititiO*;01741Mat, , cink,.,' -..,;:...,' Kill. Road and CovingtglylAre lairridkrr-k.v11:6p,..9?'.W.I.A -. . .., . . , ,...,:,/i - •:... -‘,.---.,..,er'„:41.L.,-,-L.,,,I,,,..„; . • : . . • .:. ••••• ' ... •.4.:.Ni;,...1...i. .... - ,,f. ---!, , ; . 4 1.0,,' : ' • q.A.,„•t•;,:•i;::. ' ". - , • • _ •. ... .,....:,,•,!...t;ttes.,.,......,,,„ ! -,...,..,:. ._. , . \t\ • Revised to show proposed house Nov. 5, 1979 - -4-.......14,,,,"oviit ,..:,).".1.,:.:--,1 ... • .. • .-7,,-.. .... . . .. , i„ . .-144.t.t i 4IP ..... ..„,4,00,:.4.,; ,,-.§.--. 1. ‘t' .{ e .• ..; • .. ....,, '1 " .' • '''i".1:1 ,f,',0..'"--k.--',.,',.;-%! •,..v ; ... ..., ,, . :. -., .'-•,* • _ . . .,...,:4.,, , ,,,,,v: 4,,t...,....,.....1:,,,... t . . • . • 1* rb, ,,,,. . .,k, ,„,;.•,.fr*: ,„,,,-^ '' .i...,-- ly. '4- ..*"-' - . ;9'.• . i T. ; ' .ii ...AL:' It- -- - • ,1 Iv . ..? ma...a 141.atoll,•ti.0.••,' .1 t , ' : '-, :,• .' ' • ')=. ''-' , • `, ''' '',!:4.7-:• -,-; ., Agenda Information Memo • January 21, 1992 City Council Meeting ADDrnoNAL ITEMS EHW PROPERTIES SETTLEMENT/JOHNNY CAKE RIDGE ROAD A. Stipulation of Settlement/EHW Properties, Project 524 (Johnny Cake Ridge Road Assessments)--A stipulation agreement has been received with respect to the above- referenced case and has been reviewed by the City Attorney's office and City staff and is in order for consideration by the City Council at this time. For additional information with respect to this item, please refer to the memorandum from ; City Attorney's office covering a copy of the stipulation agreement enclosed on pages %• through ..• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the stipulation of settlement for EHW Properties relative to Project 524 as presented. • • \\C)\ '� fECIEUVL MEMORANDUM a JP v 1 3 !092 1 I TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty . - DATE: January 10, 1992 RE: EHW Properties v. City of Eagan Court File No. CX-91-7798 Our File No. 206- Enclosed for submission to the the City Council for its approval is a Stipulation of Settlement in the above-referenced matter. A review of the history on this matter is as follows: In April of 1991, the City Council was asked to adopt an assessment roll against the subject parcel in the amount of $127, 000. 00. At the requisite public hearing, the owner of the land objected to the assessment and discussed a number of items which he felt were failed to be taken into consideration in arriving at the assessment amount. Thereafter, City Council directed the staff to meet with the property owner and try to resolve any differences. A meeting occurred sometime in May of 1991. Subsequent to the meeting between the staff and the property owner the City Council at its July 2 , 1991 regular scheduled meeting, adopted an assessment in the amount of $173 ,987. 00. The property owner subsequently appealed from the certification of the assessment. After limited discovery, our offices reached a settlement figure with the property owner which we feel is appropriate and which figure is in the amount of $133 , 000. 00. The court trial on this matter has been continued so as to allow the City Council to express its opinion of the settlement. We ask that this matter be placed on the January 21, 1992 agenda for appropriate action. MGD/wkt cc: Tom Colbert Jim Sheldon • STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: 10-Other Civil Court File No: CX-91-7798 EHW Properties, a Minnesota General Partnership, Appellant, STIPULATION FOR v. SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan, a municipal corporation, Respondent. RECITALS WHEREAS, EHW Properties is the owner of certain real property 410located in the City of Eagan, Minnesota, which property has been identified for real estate tax purposes as Property I.D. No. 10-02800-020-50 (hereinafter "subject property") ; and WHEREAS, the subject property was assessed by the City of Eagan on July 2 , 1991, for street improvement and extension of Johnny Cake Ridge Road in connection with Public Improvement Project No. 524; and WHEREAS, said assessments were in the amount of one hundred seventy-three thousand nine hundred eighty-seven dollars and 25 cents ($173 , 987 .25) ; and WHEREAS, EHW Properties has appealed the assessment against the subject property to District Court; and WHEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above-captioned, but 411 VC \ Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT EHW Properties v. City of Eagan rather desire to amicably resolve their differences to avoid further protracted litigation. NOW, THEREFORE, the parties hereby agrees as follows: STIPULATION 1. The assessment in the amount of $173 ,987.25 shall be set aside and said parcel shall be reassessed in accordance with Minn. Stat. Chapter 429 in the amount of $133 , 000. 00. 2 . The above-captioned Notice of Appeal of Assessment shall be dismissed with prejudice and without costs being taxed to either party. 3 . It is understood and agreed that the parties hereto will present the Stipulation for Settlement to the above-entitled Court, and request that the Court approve the Stipulation for Settlement. 4 . In requesting that the Court approve this special assessment as noted herein, EHW Properties does hereby waive the right to object to the levying of these assessments, the amounts contained herein and any defects in the process of certifying the assessments. Dated: CITY OF EAGAN, a municipal Minnesota corporation By: Thomas A. Egan, Mayor "'Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT EHW Properties v. City of Eagan By: E.J. VanOverbeke, City Clerk EHW PROPERTIES, a Minnesota general partnership Dated: , �� i/ % By: ��`' /� ��1 Thomas M. Wilimus, managing partner SEVERSON, WILCOX & SHELDON, P.A. /• /C j % - ��1�' By: �� A •Dated: 1, Michael G. tougher Attorneys for Ci, y f Eal n 7300 West 147th reet 600 Midway National Bank Bldg. Apple Valley, Minnesota 55124 Attorney I.D. No. 134570 WILLIAM R. BUSCH Dated: / 2-f/3 By William R. Busch x(36337 Attorney for EHW Properties 803 Degree of Honor Bldg. St. Paul, Minnesota 55101 Attorney I.D. No. 13638 411 3 Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT EHW Properties v. City of Eagan ORDER Pursuant to the foregoing Stipulation, IT IS HEREBY ORDERED, that the Stipulation for the above-entitled action be approved and become an Order of this Court. Dated this day of , 19 . BY THE COURT: Judge of District Court • STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: 10-Other Civil Court File No: CX-91-7798 EHW Properties, a Minnesota General Partnership, Appellant, STIPULATION FOR v. SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan, a municipal corporation, Respondent. RECITALS WHEREAS, EHW Properties is the owner of certain real property •located in the City of Eagan, Minnesota, which property has been identified for real estate tax purposes as Property Z.D. No. 10-02800-020-50 (hereinafter "subject property") ; and WHEREAS, the subject property was assessed by the City of Eagan on July 2, 1991, for street improvement and extension of Johnny Cake Ridge Road in connection with Public Improvement Project No. 524; and WHEREAS, said assessments were in the amount of one hundred seventy-three thousand nine hundred eighty-seven dollars and 25 cents ($173,987 .25) ; and WHEREAS, EHW Properties has appealed the assessment against the subject property to District Court; and WHEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above-captioned, but • Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT EHW Properties v. City of Eagan rather desire to amicably resolve their differences to avoid further protracted litigation. NOW, THEREFORE, the parties hereby agrees as follows: STIPULATION 1. The assessment in the amount of $173,987.25 shall be set aside and said parcel shall be reassessed in accordance with Minn. Stat. Chapter 429 in the amount of $133 , 000.00. 2 . The above-captioned Notice of Appeal of Assessment shall be dismissed with prejudice and without costs being taxed to either party. 3 . It is understood and agreed that the parties hereto will present the Stipulation for Settlement to the above-entitled Court, and request that the Court approve the Stipulation for Settlement. 4 . In requesting that the Court approve this special assessment as noted herein, EHW Properties does hereby waive the right to object to the levying of these assessments, the amounts contained herein and any defects in the process of certifying the assessments. Dated: CITY OF EAGAN, a municipal Minnesota corporation By: Thomas A. Egan, Mayor % (r? • .Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT EHW Properties v. City of Eagan By: E.J. VanOverbeke, City Clerk EHW PROPERTIES, a Minnesota general partnership Dated: /.. — _ / gy• � //< ✓� ���. By: M. Willmus, managing partner SEVERSON, WILCOX & SHELDON, P.A. 7 Dated: / 6" 'yam By: / r ._. Aiik Michael G. Dougrty Attorneys for City of Eagan 7300 West 147th Stre t 600 Midway National Bank Bldg. Apple Valley, Minnesota 55124 Attorney I.D. No. 134570 WILLIAM R. BUSCH Dated: / L-//3/5/ By: �--� Wil iam R. Busch- /36 3a' Attorney for EHW Properties 803 Degree of Honor Bldg. St. Paul, Minnesota 55101 Attorney I.D. No. 13638 V9C\ • Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT • EHW Properties v. City of Eagan ORDER Pursuant to the foregoing Stipulation, IT IS HEREBY ORDERED, that the Stipulation for the above-entitled action be approved and become an Order of this Court. Dated this day of , 19—. BY THE COURT: Judge of District Court . • STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: 10-Other Civil Court File No: CX-91-7798 EHW Properties, a Minnesota General Partnership, Appellant, STIPULATION FOR v. SETTLEMENT AND ORDER FOR JUDGMENT City of Eagan, a municipal corporation, Respondent. RECITALS WHEREAS, EHW Properties is the owner of certain real property . located in the City of Eagan, Minnesota, which property has been identified for real estate tax purposes as Property I.D. No. 10-02800-020-50 (hereinafter "subject property") ; and WHEREAS, the subject property was assessed by the City of Eagan on July 2 , 1991, for street improvement and extension of Johnny Cake Ridge Road in connection with Public Improvement Project No. 524; and WHEREAS, said assessments were in the amount of one hundred seventy-three thousand nine hundred eighty-seven dollars and 25 cents ($173 ,987.25) ; and WHEREAS, EHW Properties has appealed the assessment against the subject property to District Court; and WHEREAS, the parties hereto do not admit liability with respect to the claims and defenses raised in the lawsuit above-captioned, but 111 \RID1\ • Page 2/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT EHW Properties v. City of Eagan rather desire to amicably resolve their differences to avoid further protracted litigation. NOW, THEREFORE, the parties hereby agrees as follows: STIPULATION 1. The assessment in the amount of $173,987 .25 shall be set aside and said parcel shall be reassessed in accordance with Minn. Stat. Chapter 429 in the amount of $133 , 000.00. 2 . The above-captioned Notice of Appeal of Assessment shall be dismissed with prejudice and without costs being taxed to either party. 3 . It is understood and agreed that the parties hereto will • present the Stipulation for Settlement to the above-entitled Court, and request that the Court approve the Stipulation for Settlement. 4 . In requesting that the Court approve this special assessment as noted herein, EHW Properties does hereby waive the right to object to the levying of these assessments, the amounts contained herein and any defects in the process of certifying the assessments. Dated: CITY OF EAGAN, a municipal Minnesota corporation By: Thomas A. Egan, Mayor 411 \()\° Page 3/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT EHW Properties v. City of Eagan By: E.J. VanOverbeke, City Clerk EHW PROPERTIES, a Minnesota general partnership Dated: ,� / ._ _ %/ By: /` j c,--2 Thomas M. Willmus, managing partner SEVERSON, WILCOX & SHELDON, P.A. •Dated: ;: _�— /Y l� By: //t / L f // MiOhael G. Dougherty (` Attorneys for City of pagan 7300 West 147th/Street 600 Midway National Bank Bldg. Apple Valley, Minnesota 55124 Attorney I.D. No. 134570 WILLIAM R. BUSCH Dated: / z.._L' ?./9/ By: 4e------. William R. Busch --,?`/.33"-P G Attorney for EHW Properties 803 Degree of Honor Bldg. St. Paul, Minnesota 55101 Attorney I.D. No. 13638 \j,NA • Page 4/STIPULATION FOR SETTLEMENT AND ORDER FOR JUDGMENT EHW Properties v. City of Eagan ORDER Pursuant to the foregoing Stipulation, IT IS HEREBY ORDERED, that the Stipulation for the above-entitled action be approved and become an Order of this Court. Dated this day of , 19_. BY THE COURT: Judge of District Court • • r FOR EXECUTIVE SESSION MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 17, 1992 SUBJECT: DISPATCHER NEGOTIATIONS It will be necessary to hold an executive session following the City Council meeting on January 21, 1992 in order to discuss the most recent proposal by the Dispatcher bargaining unit. Attached please find a summary of negotiations to date and suggested City replies/proposals. A meeting has been set with the dispatchers for January 23, 1992 . rci04146.411Akatt City Administrator DISPATCHERS' PROPOSALS The following are the original bargaining proposals of the Dispatchers' bargaining unit as presented to the City on Friday, November 15, 1991, the response of the City Council to those proposals which was presented to the bargaining unit on December. 3, 1991 and the unit's response presented to the City on January 7, 1992 . The proposals are presented in two groups: proposals still to be decided and proposals agreed upon or dropped. Proposals Yet Still To Be Decided: 5. Delete the current Article 14 . 6 and substitute the following: "In addition to the payment in Article 14.4, employees shall be paid time and one-half for working on any of the holidays listed in Article 14 . 1. " CITY'S REPLY: The City agrees to deleting the present 14.6 and adding the following: If a dispatcher has to work on New Year' s Day, the Fourth of July, Thanksgiving and/or Christmas, he/she would earn one and one-half times the regular rate of pay for all hours worked on those days. " DISPATCH REPLY: The original request for such payment for all holidays was repeated. The dispatchers were especially concerned about Christmas Eve Day and New Year's Eve Day. (Please note that the police officers and sergeants were given time and one-half for the holidays as noted in the City's original counterproposal. ) SUGGESTED CITY REPLY: EITHER: 1. Repeat original counter offer of time and one-half for all hours actually worked on New Year' s Day, the Fourth of July, Thanksgiving and Christmas. or 2. Repeat original counter offer of the four holidays plus Christmas Eve and New Year's Eve (hours after 6:00 p.m. only) . 6. Amend the vacation provision of Art. 15 as follows to add an additional 8 hours of vacation at year 11, 12, 13, 14 and 15 (total of 16 days) . Add an additional 8 hours for each additional year of service. Days per year are based on a 10 hour schedule. 15. 3 New employees shall earn vacation benefits from the start of their employment but may not use vacation leave until the completion of the first six months of employment. 1 15. 4 Senior employees will be given preference on vacation requests for April 1- June 30 if the request is turned in by March 1. Senior employees will be given priority for requests for July 1- September 30 if turned in by June 1. Senior employees will be given priority for requests for October 1- December 31 if turned in by September 1. Senior employees will be given priority for requests for January 1- March 31 if turned in by December 1. Otherwise, requests will be given on a first come first served basis. 15.5 Vacation requests turned in after said month's schedule has been issued to employees will be filled according to availability of employees. 15. 6 Part-time employees will accrue vacation on a pro rata basis for actual hours worked (2, 080 hours equals one year of service) . CITY'S REPLY: The City proposes to add an additional 8 hours of vacation accrual beginning with the 11th year anniversary and thereafter for the 12th, 13th, 14th and 15th year anniversaries. The top amount of vacation earned will be 160 hours at the end of the 15th year. 15. 3 : The City agrees to language as stated above. 15.4 : The City proposes: "The Employer will consult with all employees eligible for vacations. Senior employees shall be given scheduled preference until March 1 of each year for the July 1 through December 31 period of time for that year and until October 1 of each year for the January 1 through July 30 period of time for the next year. All vacations will be scheduled with first consideration given to the efficient operation of the department and second to the wishes of employees as to vacation time. " 15.5: The City is not agreeable to eliminating the present language of 15. 5. In addition, the City asks for clarification of the additional language request. Is this not what is presently done? 15.6: The City agrees. DISPATCH REPLY: Agree to City proposal with elimination of last sentence in 15.4. SUGGESTED CITY REPLY: Agree, with the understanding that this is an accepted precept of employment law and that the City retains the right to schedule and even cancel vacations if necessary due to the needs of the operation of the department. 2 7. Amend Funeral Leave Article to read: "Paid leave time may be used by the employee in the case of death in his/her immediate family. Immediate family meaning the spouse, children, parents, spouse's parents and children, brothers and sisters-in-law, grandchildren and grandparents, aunts and uncles, of both the employee and the spouse. Leave time allowed shall be as actually required, and as approved by the Employer. The first two days shall be paid funeral leave based on the scheduled work hours. Additional time off shall be charged to accrued sick leave or vacation leave not to exceed two days. Any additional days must be approved by the respective supervisor and will be charged against the employee's vacation or sick leave. " CITY'S REPLY: The City does not agree to adding aunts and uncles, but would suggest retaining brothers and sisters. Also, the City would suggest the following wording as is current practice: "A total of 16 hours shall be paid as funeral leave. Additional time off taken by such employees in the event of the death of any of the family members mentioned above shall be charged to accrued sick leave or vacation leave (employee choice) . Such additional time off must be approved by the respective supervisor. " DISPATCH REPLY: 1. The union drops the proposal for aunts and uncles. 2 . The union agrees to the additional language with the addition of compensatory time as a choice. 3 . The union proposes that funeral leave be allowed for one additional "special" person once during the career of the employee. This would allow funeral leave for a fiance, another relative who was especially close to the employee such as an aunt or . cousin who lived with the employee's family, a best friend, a person with whom the employee lived even though they weren't married, etc. This provision would only be valid one time during the employee's career. SUGGESTED CITY REPLY: Agree. 9. Amend Article 18 whereby the City pays 100% of the lowest cost single coverage and 75% of the lowest cost dependent coverage. CITY'S REPLY: Amend Article 18. 1, section 2: "The City will contribute the amount of $262 .76 per month towards the premium for employee and dependent medical/health insurance for those employees choosing such coverage. " 3 DISPATCH REPLY: This issue is linked to wages. The Union would accept the City's proposal on this issue if its (the Union's) wage proposal were accepted by the City. SUGGESTED CITY REPLY: The City will discuss this item in conjunction with wages from this point on (see #13 following) . 13 . Increase the salary rates by 8% for 1992 . CITY'S REPLY: The City proposes a 2.5% increase for 1992 on January 1, 1992 and a .5% increase on July 1, 1992 . DISPATCH REPLY: The Union's position is that wages shall be increased by 3% in January and 3% in July. These increases shall be computed on a base including the shift differential. SUGGESTED CITY REPLY: Regarding an insurance/compensation package, the City offers either: 1. 2.75% increase January 1, 1992 and a contribution of $274.58 per month for employee and dependent medical/health insurance for those employees choosing such coverage (equivalent to non-collective bargaining settlement) , or 2 . 3% increase January 1, 1992 and a contribution of $262.76 per month for employee and dependent medical/health insurance for those employees choosing such coverage (insurance the same as maintenance and clerical settlements and slight percentage compensation increase over non-collective bargaining employees because dispatchers did get lesser percentage increases than all other employee groups the last two years) . The City does not agree to including the rotating shift differential in the base but does agree to increasing the rotating shift differential separately by the percentage. increase finally agreed to for compensation for those steps to which it applies. 16. Increase the maximum cap for comp time to 100 hours. CITY'S REPLY: The City suggests reducing the cap for comp time to 25 hours. DISPATCH REPLY: The Union is steadfast in its proposal that the compensatory time cap be increased to 100 hours. SUGGESTED CITY REPLY: The City does not agree, but would agree to leaving it as is (40 hours) . 4 18. Add a discipline provision to the contract to read: 5. 1 Every disciplinary action shall be for just cause and the employee may use the grievance procedure with respect to any disciplinary action which he or she believes is either unjust, discriminatory or disproportionate to the offense committed. 5. 2 Disciplinary action steps: Except for severe infractions, disciplinary action against any employee shall be progressive and follow the steps listed below in numerical order: A. Step One: Oral reprimand, documentation of oral reprimands may be placed in an employee's personnel file. B. Step Two: Written Reprimand. A written reprimand shall state that employee is being warned for misconduct; describe the misconduct; describe past actions taken by the supervisor to correct the problem; urge prompt correction or improvement by the employee; include timetables and goals for improvement when appropriate; and outline future penalties should the problem continue. The employee shall be given a copy of the reprimand and sign the original acknowledging that he or she has received the reprimand. The signature of the employee does not mean that he or she agrees with the reprimand. The reprimand shall be placed in the employee's personnel file. C. Step Three: Suspension with and/or without pay. An immediate supervisor may suspend an employee with pay, pending approval of the City Administrator of a suspension without pay. The City Administrator may suspend an employee without pay. Prior to the suspension without pay or as soon thereafter as possible, the employee shall be notified in writing of the reason for the suspension and its length. Upon the employee's return to work, he or she shall be given a written statement outlining further disciplinary actions should the misconduct continue. An employee may be suspended pending investigation of an allegation. A copy of each written statement shall be placed in the employee's personnel file, but if the suspension is for investigation and the allegations prove false, the statement shall be removed and the employee shall receive any compensation to which he or she would have been entitled had the suspension not taken place. 5 /11! D. Step Four: Dismissal. the City Council may dismiss any permanent employee after the employee is given a notice in writing at least five working days before the effective date of the dismissal. The notice shall contain the reasons for the dismissal, the employee's rights under these rules and the veteran's preference law if he or she is a veteran, and a statement indicating that the employee may respond to the charges both orally and in writing and that he or she may appear personally before the City Administrator and Department Head who have the authority to recommend the final decision. CITY'S REPLY: The City would agree with the addition of Articles 19. 3 and 19.4 from the City's Personnel Policy. DISPATCH REPLY: The Union thinks that its language regarding this proposal is more reasonable. SUGGESTED CITY REPLY: The City agrees to the Union's language. (The City will be adequately covered by the language. The other language suggested by the City merely gives examples of "severe infractions" which have already been established by practice and lists other types of discipline such as decreasing or withholding salary, neither of which we would do to a dispatcher. ) 19. Provide access to workout room of program. CITY'S REPLY: The City cannot agree to this request because of its liability insurance. DISPATCH REPLY: The Union feels that being able to use the work out room is stress reliever and sees no reason why Dispatchers could not use it if they signed a waiver the same as Police Officers. SUGGESTED CITY REPLY: The police officers are required as a part of conditions to remain police officers at the City of Eagan to maintain a certain standard of physical fitness due to the nature of their positions. This is not required of dispatchers. Also, the City has checked with its liability carriers and they advise not allowing any employees except the police officers to use the room. Therefore, the City cannot agree to this request. 6 20. Add a dog shift differential for 5%. CITY'S REPLY: The City does not agree. DISPATCH REPLY: The dog differential would compensate those employees for working the more undesirable shift. Lakeville has recently negotiated such a differential with its Dispatchers and the City of Eagan has negotiated a shift differential for Patrol officers that includes dog shift and evening shift. The Union proposes 75 cents per hour for dog watch. SUGGESTED CITY REPLY: (subject to approval of the Chief of Police) The City proposes a $3.00 shift payment for those employees working a complete 10-hour dog shift (9:00 p.m. to 7 :00 a.m. ) . 22 . Negotiators will be paid for the time spent in negotiations and/or other contract issues, other City business that cannot be done at same time as dispatching. CITY'S REPLY: The City does not agree. DISPATCH REPLY: If the City will not pay for Dispatchers to negotiate contracts then the Union will have no choice but set up negotiation meetings when it is more convenient and when dispatchers will be paid such as during their work shift. SUGGESTED CITY REPLY: Because it is a dispatcher's choice whether or not to participate in negotiations, because not more than one dispatcher is necessary at a negotiation session, because the City has no objection to a dispatcher who is scheduled to work participating in negotiations during that time as long as two dispatchers have been scheduled and because the City never has paid employees for time spent on union matters unless previously scheduled to work, the City does not agree. 26. The parties agree that the working of a Community Service Officer as Dispatcher on an as-needed basis, to fill in for vacations and sick leave, shall not establish a precedent as an accepted practice and the parties are specifically barred from making such a reference in the future. Moreover, it is understood that any Dispatcher may elect to work the hours the CSO is assigned to work dispatching, by notifying the Dispatcher Supervisor that he/she chooses to work those hours, subject to the Labor Agreement. Bargaining unit employees shall have first option for the hours. CITY'S REPLY: The City agrees with the addition of the following language: "Dispatchers are encouraged to be sensitive and reasonable with any last minute or short notice 7 decisions to work the hours assigned to a CSO whose schedule has been changed to accommodate dispatch coverage. " DISPATCH REPLY: The dispatchers are concerned about the definition of "last minute. " They wish it clarified that a CSO would not take priority over a dispatcher for scheduling. SUGGESTED CITY REPLY: The City has not and would not give a CSO priority over a dispatcher. Indeed, the dispatchers agree that there has been no problem to this point. The last minute or emergency situation would be an occasion where a dispatcher phoned at the last minute and could not come to work, a CSO was on duty or due to come on duty and would be assigned to dispatch, occasions where contact with other dispatchers had been attempted but not made, etc. 27 . Seniority will take precedence when 1. bidding shifts/2. filling of extra shifts (i.e. vacation, leave of absence, sick) . Seniority is based on hours worked. CITY'S REPLY: The City requests clarification as to how this is suggested to be done. DISPATCH REPLY: The following language should be added to the contract: "Senior employees shall have shift preference. Full-time and part-time employees shall bid shifts separately in order of seniority. Extra shifts be posted specifying the date and hours of such work. Senior employees shall express preference prior to the schedule being issued. Senior employees shall have preference to work such shifts or not to work such sifts, however there shall be reasonable consideration to the number of consecutive days/hours that an employee has worked. All regular shifts shall be bid by seniority every six months. SUGGESTED CITY REPLY: This is an issue that should be decided by Police management. We will consult with them and forward a counterproposal that will both be fiscally responsible and sensitive to the dispatchers, seniority concerns. If that counterproposal is available by the City Council meeting on January 21, it will be presented to the Council at that time. Proposal Not to be Included in Contract Language: (The following item has been part of the Dispatchers' proposals. If the City agreed to it, Management would be giving away some of their management rights. Therefore, dispatchers, administration and police management discussed this item at a meeting on January 16 and have reached an understanding. ) 8 21. Consistent coverage of scheduled hours of double up dispatch. CITY'S REPLY: The City does not agree to having this in the contract. Agreement reached regarding procedure; no contract language. Proposals About Which Agreement Has Been Reached or Which Have Been Dropped 1. Amend Article 9.2 (Sick Leave) to include in the definition of immediate family: "spouse, children, parents, spouse's parents and children, brothers and sisters, brothers and sister in law, grandchildren and grandparents of both the employee and spouse. " CITY'S RESPONSE: The City agrees. 2 . Amend Article 11.2, the last sentence to read: "No vacation or sick leave benefits shall accrue during a leave of absence without pay of more than 5 days. The cost of benefits (such as Health, Life, Disability Insurance) shall be paid by the employee during a leave of absence without pay of more than 5 days. " CITY'S RESPONSE: The City agrees. 3 . Amend 12 .9 to read: "12 .9 A one hour break shall be provided each day for employees working an 8 hour shift. The employee may take this break in any minute combinations to total the 60 minutes. A 45 minute break shall be provided each day for employees working a shift lasting 7 hours or more but less than 8 hours. A 30 minute break shall be provided each day for employees working over 4 hours and under 7 hour shifts. It will be taken at a place designated by the Employer. The employee may take this break in any minute combinations to the total of the 30 minutes. 12 . 10 An employee working over 8 hours in a day will be granted an additional 15 minutes for each 2 hours worked. The employee may take this break in any minute combination to total the 15 minutes. If the employee is scheduled for 10 hour shift the employee will be granted to take the additional 15 minutes at any time during the shift. " 9 CITY'S RESPONSE: 30 minutes shall be provided for a lunch break for employees working a full shift. For each 4 hours worked, an additional 15 minutes of break will be provided. The employee may take these breaks in any minute combinations as long as the efficiency of dispatch center and the safety of the employees and residents of the City of Eagan is not affected. DISPATCH RESPONSE: Dispatch agrees to the language as included in the City's reply. 4. Amend Art. 13 .4 to read: "New employees shall be on a one- year probationary period during which time benefits (such as vacation, sick leave) shall accrue. " CITY'S RESPONSE: The City agrees. 8. Add an Article 17. 3 to read: "An employee who is eligible to vacation leave after six months service with the City and who leaves the employment of the City after completion of six or more months of service shall be paid for vacation due. " CITY'S REPLY: The City agrees. 10. The Employer shall provide dental coverage for employees and dependents. CITY'S REPLY: The City does not agree. DISPATCH RESPONSE: Dispatch drops this proposal. 11. Amend Article 19. 1 to read: "Any provision in effect in the Personnel policy that is in conflict with this labor agreement, the greater benefit shall be observed. " CITY'S REPLY: The City does not agree. DISPATCH RESPONSE: Dispatch drops this proposal. 12 . Amend Article 23.9 to read: "An employee on unpaid child care leave of more than 5 days is eligible to participate in group insurance programs, but shall pay the entire premium for such programs, commencing with the beginning of the unpaid portion of child care leave. " CITY'S REPLY: The City agrees. 10 14 . Add a training differential of $1.00 per hour. CITY'S REPLY: The City proposes increasing the current $ .55 to $ . 65. DISPATCH REPLY: Dispatch accepts City's proposal. 15. Increase the clothing allowance to $25 per month. CITY'S REPLY: The City offers $22.50 per month. DISPATCH REPLY: Dispatch accepts City's proposal. 17 . Allow retired employees to participate in health insurance between the ages of 55 and 65 the same as current employees. CITY'S REPLY: The City has researched this option. It is not possible for 1992 . However, the City intends to request proposals for health insurance for 1993 and intends that this will be one of the options requested. DISPATCH REPLY: Dispatch accepts City's offer to request this option from carriers for 1993. 23 . A minimum of two hours will be paid to employees that attend meetings when they are off duty from the dispatch center. CITY'S REPLY: The City agrees with regard to Police or Dispatcher staff meetings scheduled by a supervisor. DISPATCH REPLY: Agreed. 24 . Minimum overtime compensation for all call back time (i.e. court appearances, emergencies, etc. ) , shall be two hours. Employees will not receive minimum call back compensation for any court appearance for which they have received notification of cancellation by at least the day preceding the scheduled court appearance. CITY'S REPLY: The City agrees. 25. Addition to 13.5 to read: "The Employer shall post a seniority list every twelve months. " CITY'S REPLY: The City agrees. The City reserves the right to change and/or modify these proposals during the course of negotiations. All other items not mentioned shall remain in effect. 11 Eagan Fire Department Relief Association Eagan, Minnesota BYLAWS BYLAWS Eagan Fire Department Relief Association EAGAN FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS CONTENTS DESCRIPTION PAGE REVISIONS Date, Article, Sections and Summary ARTICLE I Officers and Trustees 1 ARTICLE II Duties of Officers 2-3 ARTICLE III Financial 4 ARTICLE IV Membership 5 ARTICLE V Meetings 6 ARTICLE VI Benefits 7-9 ARTICLE VII Applications for Benefits 10 ARTICLE VIII Amendments 10 Page i 10/28/91 BYLAWS Eagan Fire Department Relief Association REVISIONS DATE ARTICLE # SECTION # SUMMARY 0/78 01/83 VI 2 01/83 VI 4 01/83 VI 5 02/88 Major revisions 8/90 VI 2 Pension change 8/90 VI 4 Pension change 8/90 VI 5(a)&(b) Vested change 8/90 VI 10(b) Deleted 8/90 VI 1(c),(2)&(4) 10 years to 5 years 10/91 I 1 Deleted election requirements 10/91 I 3 Added election requirements 10/91 II 3 Added duties 10/91 II 4 Changed "Chief to "V.P.", added duties & amount of bond delineated 10/91 II 5 Added continuing ed. requirement 10/91 III 3 Changed "Chief" to "V.P." 10/91 III 6, 7 & 8 Added sections: Actuarial Survey, Diversification of Investments & State Reimbursement 10/91 IV 3 Deleted "moving from Eagan" clause 10/91 V 3 Changed "8" to "25" members 10/91 V 5 Added "all eligible voting members" 10/91 V 7 Added "each ex officio member" & "absentee voting" 10/91 VI 1 Added (g), (h) & (i): Special Fund, Fiduciary & Relief Association 10/91 VI 4 Specified retired member with "at least 20 yrs. of active service" and added "for 30 years of active service" 10/91 VI 5 Added "Total Lump Sum Benefit" column 10/91 VI 6, 10, & 11 Renumbered (prey. Sec. 10,8 & 9, respectively 10/91 VI 8 Added note re state laws &Volunteer Firemen's Benefit Assoc. & renumbered (prey. Sec. 6) 10/91 VI 9 Added section re supplemental pmt. 10/91 VIII 1 Added requirement to file copy of Bylaws w/Commissioner of Revenue Page ii 10/28/91 BYLAWS ARTICLE I Eagan Fire Deportment Relief Association OFFICERS AND TRUSTEES Sec. 1. Board of Trustees The Board of Trustees shall be composed of the following: A President, a Vice President, a Secretary, a Treasurer, two General Trustees, and the statutory ex officio members, which consist of the Chief of the Eagan Fire Department, the Mayor and the Clerk or the Treasurer of the City of Eagan. Sec. 2. Term of Office At the first election following the adoption of this bylaw, the President and one General Trustee shall be elected to a one-year term. The Vice President and Treasurer shall be elected for a two- year term. The Secretary and one General Trustee shall be elected for a three-year term. Thereafter, as their respective terms of office expire, two Board Members shall be elected for three- year terms at each annual meeting. Sec. 3. Elections Each Officer and each General Trustee shall be an active member of the Association. Each Officer and each General Trustee shall be elected by the voting members at the regular annual meeting for a term as specified in this Article. An incumbent Trustee shall remain in office until a successor has been elected. Sec. 4. Vacancies Vacancies in office or any other vacancy on the Board of Trustees shall be filled by an appointment by the Board of Trustees, for the unexpired portion of the term, at a special meeting of the Board of Trustees. Sec. 5. Removals Any Officer or Trustee may be removed for cause at a special meeting of the members by a majority vote. No Officer or Trustee shall be removed unless written notice of the meeting at which removal is to be considered states such purpose. When an Officer or Trustee has been removed, new Officers or Trustees may be selected at the same meeting to serve until the next annual meeting of the members and until their successors have been elected. Page 1 10/28/91 BYLAWS Eagan Fire Department Relief Association ARTICLE II DUTIES OF OFFICERS Sec. 1. President It shall be the duty of the President to attend and preside at all meetings of the Association and the Board of Trustees. He/she shall enforce the due observance of the Articles of Incorporation and the Bylaws and see that the Officers properly perform the duties assigned to them. He/she shall sign all checks issued by the Treasurer and all other papers requiring his/her signature. He/she shall be a member of all committees except the Aid Committee and shall exercise careful supervision over the affairs of the Association. He/she shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. Sec. 2. Vice President It shall be the duty of the Vice President to perform the duties of the President in his/her absence. In the absence of both the President and the Vice President it shall be the duty of the Association to elect a President pro tern., who shall perform the duties incident to the office. Sec. 3. Secretary It shall be the duty of the Secretary to keep and post a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. The Secretary shall keep a correct record of all amendments, alterations and additions to the Articles of Incorporation or the Bylaws in a separate book from the minute books of the Association. The Secretary shall cause due notice of all special meetings of the Association and the Board of Trustees to be given. The Secretary shall prepare all paperwork and obtain required signatures for relief benefits due to membership and insure benefits are distributed to appropriate parties. The Secretary shall receive all monies due the Association and pay the same over to the Treasurer, taking a receipt for the same, and failing to do so the Secretary may be impeached and expelled from the Association. The Secretary shall keep individual files and a roll of membership, with the date of joining, resignation, discharge, dues and assessments paid and relief or pensions furnished. The books of the Secretary shall be at all times open to inspection by the Board of Trustees. The Secretary shall prepare and process all correspondence as needed. The Secretary shall, prior to entering upon the duties of his/her office, give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of his/her trusts and the full performance of the duties of his/her office, paid for from the Special Fund of the Association. He/she shall sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare and file all reports and statements required by law. The Secretary shall assume the responsibilities for processing paperwork for Volunteer Fireman's Benefit Association to include registration of beneficiary cards; updating membership certificates; and preparing annual membership report, while providing same to Treasurer for inclusion of annual payment. He/she shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association and payable from the Special Fund of the Association. Page 2 10/28/91 BYLAWS Eagan Fire Department Relief Association ARTICLE II - DUTIES OF OFFICERS (continued) Sec. 4. Treasurer It shall be the duty of the Treasurer to receive all monies belonging to the Association and hold them subject to the order of the President and countersigned by the Treasurer and/or Vice President. He/she shall keep separate and distinct accounts of the General and Special Funds, and shall prepare and present to the Board of Trustees a full and detailed statement of the assets and liabilities of each fund separately prior to the annual meeting of the Association. Failing in his/her obligations, he/she may be impeached and expelled from the Association. He/she shall deliver to his/her successor in office, or any committee appointed by the Board of Trustees to receive the same, all monies, books, papers, etc., pertaining to his/her office immediately upon the expiration of his/her term of office. He/she shall, prior to entering upon the duties of his/her office, give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees and the municipality, conditioned upon the faithful discharge of his/her trust and the faithful performance of the duties of his/her office, and payable from the Special Fund of the Association. The amount of the bond will be equal to at least 10% of the assets of the Association; however, the amount of the bond need not exceed $500,000 (as required by State Law). Jointly with the Secretary, he/she shall prepare and file all reports and statements required by law. He/she shall make payment to the Volunteer Fireman s Benefit Association for annual membership report with the information received from the Secretary. He/she shall receive such salary as may be fixed by the Board of Trustees from time to time subject to approval of the Association, and payable from the Special Fund of the Association. Sec. 5. Board of Trustees It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the Association and whenever loans or investments are made, to investigate and pass upon the securities offered and to attend to the drawing and execution of the necessary papers. The Board shall order an audit of the books and accounts of the Secretary and the Treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes. Investments of the Special Fund shall be subject to the approval of the Council of the City of Eagan. The members of the Board shall act as Trustees with a fiduciary obligation to the State of Minnesota, to the City of Eagan and to the members of the Association. The Trustees shall participate in continuing education to keep themselves abreast of their fiduciary responsibilities. Sec. 6. Aid Committee There shall be an Aid Committee, composed of the Vice President and two other members of the Association, who may or may not be members of the Board of Trustees, appointed by the President. The Vice President shall be the chairman of this committee, whose duty shall be to see that assistance is rendered to each sick or disabled member and to the survivors of any deceased member. Sec. 7. Advisory Term It shall be the duty of the President, Vice President, Secretary and Treasurer to serve for one year after their last term of office as an advisor to the Board of Trustees. Page 3 10/28/91 BYLAWS Eagan Fire Department Relief Association ARTICLE III FINANCIAL Sec. 1. General Fund The funds received by this Association from dues, fines, initiation fees, entertainments and other miscellaneous sources shall be kept in the General Fund of the Association on the books of the Secretary and the Treasurer and may be disbursed for any purpose reasonably related to the welfare of the Association or its members. Sec. 2. Special Fund All funds received by this Association from any tax sources, and all funds or property donated or granted to the Association for the benefit of this fund shall be kept in a Special Fund on the books of the Secretary and the Treasurer and shall not be disbursed for any purpose except those authorized by law. Sec. 3. Disbursements No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President or Vice President, except when issued for salaries, pensions and other fixed charges, the exact amount of which has previously been determined and authorized by the Board of Trustees or the members. No check shall be issued until the claim to which it relates has been approved by the Board of Trustees. Sec. 4. Deposits All money belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies, or other depositories as the Board of Trustees may designate. Sec. 5. Custody of Funds on Dissolution In case this Association be discontinued or the Treasurer should resign or be removed from office, and for any reason the Board of Trustees should fail to appoint a new Treasurer, the District Court may appoint a Trustee or Trustees of said funds or may direct that the funds be paid out only in accordance with the Articles of Incorporation, and the laws of the State of Minnesota. Dissolution of this organization shall be according to Chapter 317 of the Minnesota statutes. The Special Fund shall be maintained until such time that all retired and disabled members receive their full benefits. In addition, those members who are eligible for retirement but not yet retired shall be given their retirement benefits upon dissolution of this organization. Sec. 6. Actuarial Survey Actuarial valuations shall be made pursuant to State Law, as appropriate. Copies of the valuation shall be provided to the municipality and to the appropriate State office. Sec. 7. Diversification of Investments Special Fund asset investments shall be in accordance with State Law. Sec. 8. State Reimbursement By February 15 of each year, the Relief Association shall apply to the Commissioner of Revenue for State reimbursement of the amount of supplemental benefits paid under ARTICLE VI Sec. 9 of these Bylaws. Page 4 10/28/91 BYLAWS Eagan Fire Department Relief Association ARTICLE IV MEMBERSHIP Sec. 1. Eligibility Any active member of the Eagan Fire Department shall be eligible to apply for membership in this Association. Sec. 2. Application for Membership Application for membership may be made at any regular or special meeting of the Board of Trustees and then laid over for one month for consideration. During this time, the Board of Trustees shall conduct an investigation to determine if the applicant, due to some medically determinable physical or mental impairment or condition, would constitute for the Association a predictable and unwarranted risk of liability for benefits at an age earlier than the minimum age specified for receipt of a service pension. If no such impairment or condition exists, the Board of Trustees shall appoint the applicant to membership in the Association. Sec. 3. Resignation Resignation or expulsion from the Eagan Fire Department shall terminate the membership of the member so resigning, expelled or removing; provided, however, that any member who has served for at least the minimum number of years required by Article VI of these Bylaws for vesting of pension rights as an active member of the Eagan Fire Department shall retain his/her membership in this Association, regardless of resignation or removal, subject to such other regulations which may be from time to time imposed. Page 5 10/28/91 BYLAWS Eagan Fire Department Relief Association ARTICLE V MEETINGS Sec. 1. Meetings of Board of Trustees Regular meetings of the Board of Trustees shall be held at such time and place as are designated by said Board. Notice of such meetings shall not be required. Special meetin&s of the Board of Trustees may be called by the President or any two members of the Board of Trustees by making a request therefore to the Secretary, who shall notify all members of the Board, including ex officio members, of the time, place and purpose of the meeting at least twenty-four hours in advance. Sec. 2. Annual Meeting The annual meeting of this Association shall be held on the fourth Monday of February of each year except that if said day is a holiday, said meeting shall be held on the next succeeding Monday. The place of the meeting shall be designated and may be changed from time to time by the Board of Trustees. Written notice of the annual meeting shall be given to all members at least five (5) days in advance. Sec. 3. Special Meetings Special meetings of the members may be called at any time upon the written order of the President and one other member of the Board of Trustees or 25% of the members of the Association. The Secretary shall give written notice to each member of the Board of Trustees and each member of this Association entitled to vote, of the time, place and purpose of such meeting at least five (5) days in advance. Sec. 4. Regular Meetings A regular meeting will be held on the same night as the general meeting of the Fire Department. Sec. 5. Quorums A majority of the Board of Trustees then in office and 25% of all the eligible voting members of the Association shall constitute quorums for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make known to the affected members. Sec. 6. Order of Business At the annual, regular and all special meetings, the order of business shall be as follows: (a) Call to order (f) Committee report (b) Roll call (g) Unfinished business (c) Reading of minutes of previous meeting (h) New business (d) Secretary s report (i) Adjournment (e) Treasure?s report Sec. 7. Voting Each active member with at least one year of service shall be entitled to one vote on each membership ballot. Cumulative voting, absentee voting and voting by proxy shall not be permitted. Page 6 10/28/91 BYLAWS Eagan Fire Department Relief Association ARTICLE VI BENEFITS Sec. 1. Definitions For the purpose of these Bylaws, the terms defined in this section shall have the following meanings ascribed to them: (a) "Active Member" - means each member of the Relief Association shall be considered an active member unless otherwise specified by the Board of Trustees. (b) "Permanently Disabled Member" - means an otherwise active member of this Association who becomes permanently incapacitated from active duty in the Eagan Fire Department. (c) "Retired Member" - means a member (1) Who has retired from the Eagan Fire Department; and (2) Who has had an active period or periods of service in such Fire Department of five years or more, although such services need not be continuous; and (3) Who has reached the age of fifty years or more; and (4) Who has been a member of this Association in good standing for five years or more prior to retirement. (d) "Surviving Spouse' - means any person who was the spouse of a deceased active member or retired former member. (e) "Surviving Child' - means a child or children of a deceased member. (f) "Year of Service' - For purposes of computing benefits payable under Article VI a"year of service' shall be defined as a period of twelve full months of active duty in the Eagan Fire Department, beginning on the anniversary of the date when the member became an active member of said Fire Department. If a member's period of active service is not continuous, parts of years may be added together to compute full years. (g) "Special Fund' - means the special fund of a volunteer firefighters Relief Association or the account for volunteer firefighters within the special fund of a partially salaried and partially volunteer firefighters Relief Association. (h) "Fiduciary' - a person who holds something in trust for another. (i) "Relief Association" - means a volunteer firefighters relief association or volunteer firefighters division or account of a partially salaried and partially volunteer firefighters relief association organized and incorporated under Chapter 317 of State Law. A relief association is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing governmental services of fire fighting and emergency first response. Page 7 10/28/91 BYLAWS Eagan Fire Department Relief Association ARTICLE VI - BENEFITS (continued) Sec. 2. Service Pensions Upon approval of the application therefor, the sum of$450.00 per month shall be paid to each retired member of the Association during the remainder of his/her natural life. At the discretion of the Board of Trustees a sum not more than $22.50 per month for each year of active service over twenty years in the Eagan Fire Department may be added to this amount, but in no event shall the total amount paid per month exceed the sum of$675.00. The value of a deferred pension shall be based on the pension rates in effect at the time the member retires from the Eagan Fire Department. Sec. 3. Deferred Pension A member of the Association who is otherwise qualified for a service pension but who has not reached the age of fifty years may retire from the Eagan Fire Department without forfeiting his/her right to such pension. Upon the application of such member, he/she shall be placed on a deferred pension roll and shall be entitled to receive said service pension upon reaching the age of fifty years and making application therefor. Sec. 4. Lump Sum Payment Upon request of a retired member, who has at least 20 years of active service, and approval of the Board of Trustees, the said service pension may be paid in a lump sum which shall be computed on the basis of$3,375 per year of active service of said member in the Eagan Fire Department to a maximum of$101,250.00 (for 30 years of active service). Said lump sum payment shall be in lieu of all rights to further service pension, widov/s pension and children's pension. Sec. 5. Vested Retirement Benefit In the event a member with five years or more but less than twenty years of active service on the Eagan Fire Department resigns or otherwise becomes a nonmember, that person shall be entitled to the following benefits: (a) Each member with five years or more of active service shall be vested according to the following table: Portion of Earned Years of Active Lump Sum Benefit Total Lump Service Described in Article VI. Section 4 Sum Benefit 5 40 % $ 6,750 6 44 % 8,910 7 48 % 11,340 8 52 % 14,040 9 56 % 17,010 10 60 % 20,250 11 64 % 23,760 12 68 % 27,540 13 72 % 31,590 14 76 % 35,910 15 80 % 40,500 16 84 % 45,360 17 88 % 50,490 18 92 % 55,890 19 96 % 61,560 Page 8 10/28/91 BYLAWS ARTICLE VI - BENEFITS (continued) Eagan Fire Department Relief Association (b) Upon request of a vested member who has reached the age of fifty years, and who had been a member of this Association in good standing for at least five years prior to leaving the Eagan Fire Department, and upon approval of the Board of Trustees, the above determined vested benefit will be paid in a lump sum to the vested member. Sec. 6. Permanent Disability A member who is permanently disabled from being an active firefighter on the Eagan Fire Department may be eligible for a disability benefit in lieu of a retirement. Upon approval by the Board of Trustees the following disability benefits apply: A member who is permanently disabled with a service-related disability shall be eligible to collect a disability benefit in an amount equal to his/her full years of active service on the Eagan Fire Department, times the yearly lump sum rate specified in Article VI, Section 4 (Lump Sum Payment). The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. Any such disability benefit paid in accordance with this section shall be: - In lieu of all rights to further service pension, widovd s pension and children's pension, and - Paid as a lump sum payment (or in installments per Article VI, Section 7) and not as a monthly benefit, and - Be limited in absolute amount to the maximum specified in Article VI, Section 4 (Lump Sum Payment). Sec. 7. Lump Sum Installment Option Any of the lump sum service pensions may be paid in installments, as follows: (a) The election of installment payments shall be irrevocable and shall be made by the retired member or his/her survivor in writing and filed with the Secretary of the Relief Association no later than thirty days prior to the commencement of payments of the service pension. (b) If the retired member who elected an installment plan dies before all installments are paid, then the survivor may reelect a new irrevocable installment plan. (c) The payment of each installment shall include interest at the rate actually earned by the Relief Association, but not to exceed 5%. The interest shall be compounded annually on the reserve supporting the remaining installments, computed from the date the previous installment was made to the date of payment for the current installment payment. Sec. 8. Death Benefits In the event a retiree, a deferred pensioner or a member who is eligible for retirement dies before he/she has collected an amount equal to the lump sum benefit for which he/she was qualified at the time of retirement, or for which he/she was eligible at the time of death, then the spouse, or in the case of no spouse, then the surviving child as defined in Article VI, Section 1, paragraph (e), shall be paid an amount equal to the lump sum value he/she could have collected under Article VI, Sections 4 or 5 minus the total amount of retirement benefits collected so far. But in no event shall the total of all survivors' benefits exceed this amount. In case there is no qualified survivor, all unpaid funds shall remain the property of individuals beneficiary. If a permanently disabled member dies before collecting all of his/her earned disability benefit, then his/her beneficiary will be entitled to the uncollected disability benefit amount. Page 9 10/28/91 BYLAWS Eagan Fire Department Relief Association ARTICLE VI - BENEFITS (continued) In addition to the other benefits provided herein, the sum of$1,000.00 shall be paid to the spouse or representative of the estate of any deceased member or former member after ten years' service on the Fire Department, to help defray funeral expenses. Note: See State Laws 299A.44, sec. 4 (Death Benefit) and 299A.45 sec. 5 (Education Benefit) for additional benefits paid by the State. Also, see the Volunteer Firemen's Benefit Association of Minnesota Bylaws, Article IX, Representations, Claims, and Benefits, for additional benefits paid by that organization. Sec. 9. Supplemental Benefit Upon payment of each lump sum distribution to a qualified recipient, the Association will pay a supplemental benefit to the qualified recipient. The amount of this supplemental benefit shall be 10% of the lump sum benefit paid, but the sum of all such supplemental benefits paid to each qualified member shall not exceed $1,000. NOTE: This benefit shall be contingent on State funding. Sec. 10. Inadequacy of Funds If at any time the funds of this Association are inadequate to pay all benefits in full, the City of Eagan shall be made responsible for full payment of the defined benefit due member. Sec. 11. Payments Exempt No payment of benefits made or to be made by this Association as provided herein shall be assignable or subject to judgement, garnishment, execution or other legal process. Page 10 10/28/91 BYLAWS Eagan Fire Department Relief Association ARTICLE VII APPLICATIONS FOR BENEFITS Sec. 1. Form All applications for benefits shall be made in writing on forms supplied by the Secretary. Sec. 2. Applications for Disability Benefits All applications for disability benefits shall be submitted to the Board of Trustees. The application shall be accompanied by a certificate from the attending physician or surgeon setting forth the nature of the illness or injury, the cause and expected duration thereof, and the length of time the applicant has been permanently disabled as defined herein. The Board of Trustees may require the member to furnish such additional evidence of original or continued disability as and when deemed necessary. Failure to furnish such requested evidence shall be cause for denial or discontinuance of benefits. Sec. 3. Applications for Pensions All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the following: (a) The age of the applicant; (b) The period of service in and the date of retirement from the Eagan Fire Department; (c) The length of time the applicant has been a member of this Association; (d) Such other and further information as the Board of Trustees may require. Sec. 4. Approval of Applications No benefits or pensions shall be paid until the application therefor has been approved by the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits or pensions, and if the Board deems it for the best interest of the Association it may suspend or reduce the amounts paid for benefits or pensions. No person receiving a pension shall be paid any other benefits by this Association except as otherwise specifically provided herein. ARTICLE VIII AMENDMENTS Sec. 1. Amending the Bylaws The Bylaws of this Association may be amended at any regular or special meeting thereof by a favorable vote of two thirds of the members present and voting, provided that a quorum is present, and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than thirty-one (31) days next preceding that upon which such amendment or amendments are acted upon, and that a notice be mailed to each member at his/her last known address not less than five (5) days prior to such meeting, and provided further, that if such amendment or amendments shall change the amount of benefits or pensions, approval of the Council of Eagan must be obtained. A copy of the revised Bylaws shall be filed with the Commissioner of Revenue, in accordance with State Law 424A.02 subd. 10. Page 11 10/28/91 BYLAWS Eagan Fire Department Relief Association Sec. 2. Compliance with Minnesota State Statutes All Eagan Fire Department Relief Association Bylaws, if not so stated, shall reflect or refer to current Minnesota State Statutes, Chapter 424A, which is the general law governing volunteer firefighter relief associations. Page 12 10/28/91 r January 13, 1992 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: On-sale beer license, Piccolo's Pizzeria, James Ezzell Mr . Ezzell made application for an on-sale beer license last fall . There were delays in receiving required financial data to facilitate the police review. Lt . Jerry Meszaros has now completed the review and finds no reason to deny the on-sale beer license for Piccolos. DATE /0'/O- ' / QTY OF EAGAN NEW '( ON SALE FEE .3830 PILOT KNOB ROAD RENEWAL OFF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY APPLICATION FOR NON-INTOXICATING MALT LIQUOR LICENSE APL PEASE NT z z ELL .Veil e S /ARtJ/ JA OWNER'S NAME E1ZCLL If 76 /1, -1 Last First Middle Last First Middle Address 1// 7D 1-/,LLTG l' .0Nr-- Address c:/176' «/LC 27/' L `9'Yt/� Street Street /4/N $SIZ 6'PIAty M/aN rs423 Aq/1n/ fil City State Zip City State ��/ `Zip` �s Phone 6e 1"D b 13 Birthdate 6 -1. 18i l g 3 5 Phone 681 -6613 Birthdate TRADE NAME 7 A ►MANAGERS NAME / / Last First Middle /7 Address ` /li 02 g LO T /6 N 0 RD Address Street Street kf/fN N1t NN ,cia3 City State Zip City State Zip Phone 95-3" / a-I . Phone Birthdate 0 REBY APPIJFS FOR NON-INTOXICATING LIQUOR LICENSE for the year , from 4i�� L L/ C 2 /-4 2- month date to / mrEvent: Location: . month date (for temporary license) address Are you the actual proprietor? Yes No ( ) toe Are you the owner of the property of the business location? Yes),. ..1 ; i Has any other license of this kind been granted to you? Yes () No N Where City Year Are any taxes, assessments or utility bills for the premises unpaid or deliquent? Yes ( ) No XI. If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 304.A802?) ( ) No ( ). copy. // APC(4) 1741A4 EXI5r/N6 10 514/4-55 $t Pf I) A.,,,, If yes, attach summons py p0 Y C Have you ever been convicted (other than a traffic offense)' es ( ) No O( City Is this a joint ownership or silent partnership? Yes r,1 Nor=4 If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers for everyone involved. I Y VERIFY THAT THERE HAS BEEN NO CHAT IN OWNERSHIP OR MANAGERS IN THE PAST YEAR COW/fit/6- J3a5/Nv35 Pj2cm oW N THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY Y OF EAGAN MAY INCUR BY REASON OF ANY ACITVITIES ARISING FROM THE GRANTING OF THIS LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF GAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE.BEST OF MY KNOWLEDGE AND B I • / �` ` AUTHORIZED SIGNATURE_I.�LV � � � W,irst Full Middle / Last �j�F/OR CM USE ONLY / 9 POLICE APPROVAL: Yes ( ) No ( ) SIGNED )C/ /.441 Y' DATED/-(G ^ r Z-' CITY COUNCIL APPROVAL; Yes () No () SIGNED DATED police department PATRICK J.GEAGAN %)', . Chief of Police KENNETH D.ASZMANN —city of aagan Operations Captain 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Mayor PHONE:(612)681-4700 FAX:(612)681-4738 PATRICIA AWADA December 30, 1991 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members To: LIEUTENANT JERRY MESZAROS THOMAS HEDGES City Admininstrator From: INVESTIGATOR JOHN STEVENSON EUGENE VAN OVERBEKE City Clerk Re: APPLICATION FOR AN ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE-BACKGROUND INVESTIGATION I. INTRODUCTION This investigation was conducted in response to an application for an non-intoxicating malt liquor license for Piccolo' s Pizza and it's owner, James H. Ezzell Junior. II. LICENSE TYPE The on-sale non-intoxicating malt liquor license. III. BUSINESS NAME Piccolo' s Pizza, AKA: Piccolo's Pizzeria, 4162 Pilot Knob Road, Eagan Minnesota, 55123, phone 454-1212 . IV. LICENSE APPLICANT The applicant is the new owner of Piccolo's, James Harrell Ezzell Jr. DOB/10-18-35. His address is 4170 Hilltop Lane in Eagan Minnesota, 55123, phone is 681- 0613 . Mr. Ezzell is a retired United State Air Force Sergeant who for the past 15 years has resided in Houston Texas. In Houston, he ran 5 Submarine Sandwich stores and did business under the name U.S. Subs. The main office was 14195 N.W. Freeway in Houston. In 1990, he sold the last of his U.S. Sub shops and worked for approximately 1 year for Ryan's Steak house, which is located in Savannah Georgia. Because Mrs. Ezzell is from the Twin Cities area, they decided to move to the Twin Cities and start a new business. James and Melanie Ezzell purchased Piccolo's from Gregory and Deborah Heuer, who reside in West St. Paul and are the previous owners. All recrds checks on Piccolo's, Mr. and Mrs. Ezzell were clear. THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Piccolo's Pizza 12/30/91 Page 2 V. FINANCIAL It is my understanding that there has been a great deal of difficulty for the city in securing the correct financial papers showing that Mr. Ezzell now owns Piccolo's. After numerous contacts by Lieutenant Meszaros, he was able to secure the correct paperwork. I have attached copies of the Department of Health Food License, the Minnesota sales tax permit, the Department of State Registration, Internal Revenue Service documents, the Bill of Sale, the Promissory note, the Security agreement, complete copy of the lease, and the loan amortization schedule. All copies were notarized when needed and they appear to be in order. The business was purchased for $29, 000, half of the transaction was cash (from personal savings and cashing in an I.R.A. ) and the other half is to be paid, according to the promissory note, in 36 installments of $467.89. I did interview Mr. Ezzell and he stated that he has no financial interests in any other business and this is the first time he has every applied for any type of liquor license. He states that he has no employees at the business, just his wife and his son. He feels that the sale of non-intoxicating malt liquor will be less than 10% of his business. His business is primarily a Pizza Delivery business with only a small percentage of sit- down customers. VI. OTHER INFORMATION Mr. Ezzell had listed, amongst others, Abe Martinez, under references. Mr. Martinez was an F.B.I. agent based in Texas. I contacted the Houston office of the F.B.I. and was informed that Mr. Martinez is no longer employed by the F.B.I. Mr. Ezzell had made reference to a case in which the F.B.I. was investigating a party who had purchased one of the U.S. Sub shops. The F.B.I. agent that I spoke to did confirm that there was an investigation involving one of the subsequent owners of those U.S. Sub Shops, however in checking the case, they could find no reference to Mr. Ezzell. I was unable to contact two of the other references, but did make contact with an accountant by the name of Allan Stein, who was from Houston Texas. Mr. Stein stated that he has known Mr. Ezzell for approximately 15 years and was his accountant for 12-13 of those years. He describes Mr. Ezzell as a very reliable and top-notch businessman. He sees no problem with him receiving a liquor license. 111Pliccolo's Pizza 12/30/91 Page 3 VII. CONCLUSION Based upon the investigation and the information received, I have no reason to conclude that Mr. Ezzell/Piccolo's Pizza should be denied a license to sell - non-intoxicating malt liquor. 10 n T. Stevenson Investigator JTS: lv Pay Equity Implementation Report bbmit by January 31, 1992 to: For Department Use Only Pay Equity Coordinator Department of Employee Relations Postmark Date of Report 200 Centennial Building 658 Cedar Street Jurisdiction ID Number St. Paul,MN 55155 (612-296-2653) Name of Jurisdiction City of Eagan uo t ® City ❑ County ❑ School ❑ Other: Address 3830 Pilot Knob Rd. , Eagan MN 55122 Contact Person Phone Holly N. Duffy (612)681-4600 The Job evaluation system used measured skill,effort © No ranges/performance differences. Check one: responsibility and working conditions and the some system was used for all classes of employees. ❑ This jurisdiction does not have salary ranges for any of Its Check one of the following: classes. Documentation about performance differ- ences Is available upon request to explain apparent ❑ State Job Match inequities between male and female classes. 5 ❑ Designed Own (specify) ® This Item does not apply to this Jurisdiction. Consultant's System(specify) 0 An official notice has been posted at the employee • > PDI (originally from Control Data bulletin boards at the Eagan Municipal (Pntar R Maintananra Facility_ v ❑ Other(specify) Business Advisors) (prominentbcatron) informing employees that the Pay Equity Implementation 0 Report has been filed and Is available to employees upon do request. Also,a copy of the report has been sent to each © Benefits for male and female classes of comparable exclusive representative, value hove been evaluated and: available Ith l l rary The report was approved by: se ❑ There is no difference and female classes are not atadisadvantage. City Council (governing body) ® There is a difference and the maximum salaries reported include the monthly amount paid by the Thomas Egan employer for health Insurance, (chief elected oftcld,print) Q Information in this report is complete and accurate. 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Present were Mayor Fein and Coundimembers Wachter,Awada,McCrea,and Pawlenty. Also present were City Administrator l:ts, Community Development Director Dale Runkle, Director of Public Works Tom Colbert,and City Attorney James Sheldon. Pawlenty moved,McCrea seconded;a motii :to approve the agenda for the January 7,1992,regular City Council meeting as presented. Aye::::$: Nay Wachter moved, Pawlenty seconded, a motion to approve the minutes for the December 17, 1991, regular City Council meeting as presented. Aye: 4 Nay: 0 Abstain: 1 (Awada) Mark Hoisser,Executive Director•of:DAr !FS,: 4 d a video tape and answered questions regarding the services provided in Dakota County y t t organization. STATE UCENSING OF CONThACPORS City Administrator Hedges introduced this item by explaining that the Legislature had instituted a program whereby all contractors doing business of four units or more or remodelers doing business of$15,000 or more are to be licensed by the State of Minnesota. Unfortunately,the licensing of all contractors was not accomplished by State agencies in time for the:: quary1,.19 G;:deadline, leaving cities with the dilemma of how to handle building permits for those:eppit tos.yet:ti iiiii give their licenses. Doug Reid, Chief Building Official,said the•'City has builders who want to build but because of the delay in processing their applications,th*cannot. !Wald staff originally believed the delay would be of short duration;however,has since learned tha#: :yell_ tity.be. ebt'uary or March before all licenses are issued. Mr. Reid suggested that staff be permittbdaoassiie:Inuits to those contractors providing a signed statement that they have complied with all application requirements for the State of Minnesota contractor's license and submitted all required information to the Department of Commerce for approval. The question arose as to the exposure to the City if a building permit were issued and the contractor. was found not to be in compliance. It wag.: r;:igreed that such risk would be modest especially considering that the builders who had apiiilie8'the: io an effort to obtain building permits were all contractors who had been doing businesti:*the City for a aver of years. Mr.Reid noted that some cities were just issuing building permits without'iiny attempt to determine whether the contractor had even applied for a State license. At the request of tlifirity Council,Chief$lidding Official Reid will provide a summary of how surrounding communities are deg.with,he. sue;•: ::- • • Page 2/EAGAN CITY COUNCIL MIS January 7, 1992 • Wachter moved, McCrea seconded,; :motion adopting:i irocedure whereby building permits will be issued to those contractors who a d•:statemetnt•ithat they have complied with all application provide 's3gn�.... requirements for the State of Minnesota contri ctor'.M license:mtud submitted all required information to the ayi Department of'Commerce for approval. Aye: S N i> • A question arose regarding Item 3,o Fei=svlonc terns liiftng to 1992 Car Allowances/Compensation for Mileage. Councilmember McCrea asked whether,Jit some *lances, it may not be wiser to pay mileage to City staff rather than car allowances. After additional discussion;City Administrator Hedges said the policy would be reviewed and provided to the City Council•.at;the Janus 21 meeting.• •A. Personnel Items .... Item 1!r Building Maintenance Worker»It was recommended that the hiring of Thomas Weber as a building maintenance worker be approved subject to the successful completion of the City's physical examination requirement. Item 2. Utility Maintenance Worrier.#::was recommended that advertisement be authorized for a utility maintenance worker. Item 3. 1992 Car Allowance/Compensation of Mileage'-The recommendation to increase the car allowances for,the City Administrator, Director;of.Finance itnil.Director of Community Development was continued to the January 21, 1992,regular city Counciil:meeting. B. Project 590. approve Specialt+jssessment/Easement Acquisition Agreement (Pilot Knob Road - Parcel 10-03300-011-75 It was recommended that the special assessment/easement aquisition agreement for Project 590(Pilot Knob Road) be approved as it pertains to 11433007011-75 and the Mayor and City Clerk authorized to execute all related documents. C. Project 627. Receive Petition/inthorize:Feasibilitv:Benort (Oak Cliff 6th Addition Streets & Storm Sewer) It was recommended that the petitiOn be received and the iteparation of a feasibility report authorized for Project 627 (Oak Cliff 6th Addition -Streets &Storm Sewer). D. Project 628. Receive Petitionl4uthorize Feasibility Report (Autumn Ridge 2nd Addition-Storm, & Sanitary Sever) It was recommended that the petition be received and titi i eeparadon of a feasibility report authorized. for Project 62$ (Autumn Ridge 2nd Addition•-.Storm•.&•.$anit !Sewer). E. Project 473.Approve Special Assessment SettiementAgreement (Parcel 10-02200-011-85) It was recommended that the resolution regarding a apecial assessment settlement agreement for Project 473 (Pilot Knob Road-Trunk Storm Sewer) be approved as it pertains to Parcel 10-02200-011-85 and the Mayor and City Clerk authorized to execute all related documents. Page 3/EAGAN CITY COUNCIL MINUTE;:::;:'':::::::: :::::::::: :::::::::::::: January 7, 1992 F. Project 626.Authorize Feasibility Report& Detailed past Specifications (South Well Field Well Conversion) It was recommended that the.preparation of a 11 i1ity report and detailed plans and specifications be authorized for Project 626 (South Well Field Well.Conversion). G. License. Liquor Renewal. Greg Ward/TheJ.iquor Shoppe.4250 Lexington Avenue It was recommended that an off-sal iikaor t ase::Eoe': k!e::Liquor Shoppe located at 4250 Lexington • Avenue be approved as presented. . H. Correction to the 1992 Fee Schedule . It was recommended that the corrections: 1o'tliie;1992:Fee.Schedule for water meters be approved as presented. I. Protect 473.Approve Suecial Assessment Settlement Agreement (Parcel 10-02200-012-86) It was recommended that the resolution regarding a special assessment settlement agreement for Project 473 (Pilot Knob Road•Trunk Stork Sewer)be approved as it pertains to Parcel 10-02200-012-86 and the Mayor and City Clerk authorized to eirig*. :all•related documents. J. Approve Joint Powers Agreement (Street Sa iging•& Striping) It was recommended that the 1992 Street Maintenance:Joint Powers Agreement be approved as it pertains to street sweeping and striping and*:Mayor•and City Clerk authorized to execute all related documents. . K. Contract 90-16.Approve Change Order#2 (Woodlands North Addition - Streets and Utilities) It was recommended that Change Order#2 to Contract 90-16 (Woodlands North Addition -Streets & Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. L. Contract 90-16.Approve Final Pavitiien /Authiiiiize Acceptance(Woodlands North Addition-Streets & Utilities) It was recommended that the fifth and final payment for:contract 90-16 (Woodlands North -Streets & Utilities) be approved in the amount of 822,083.131a Brown;:;&:Cris, Inc., and acceptance of the project authorized for perpetual maintenance subject to appropriate warranty provisions. McCrea moved,Wachter seconded, a motion to approve the Consent Agenda with the exception of Personnel Items, Item 3, 1992 Car Allowances/Compensation f ;Mileage. Aye: 5 Nay: 0 VACATION/DREREL R $TS Mayor Egan introduced this item as a public hearing to vacate the drainage and utility easements for Lot 5, Block 2, Drexel Heights. Director of Public Works Colbert said that a petition had been received Page 4/EAGAN CITY COUNCIL MINUTIE January 7,1992 requesting this(vacation and no problems were anticipated. Mr.Colbert said no objections to the vacation had •been received. The petitioner was present, :::;. Pawlenty moved,Wachter seconded,a m to Cl a•tfie public hearing and approve the vacation of a portion of the utility easement as described over Lot 3,Block 5,Drexel Heights Addition and authorized the Mayor and City Clerk to execute all related documents. Aye: 5 -Nay: 0• • ROLDBUSINESS AMENDMENT TO q ' C: CIN RING CONTRACTS Mayor Egan introduced this item as consideration of in amendment to the consulting engineers contract under the 1992 fee schedule. City Administrator Hedges provided background on this item which was continued from the December 17, 1991, After initial discussion,Councilmember Pawlenty asked why the City could not establish rates it was willing to pay far certain categories of services rather than the reverse. Director of Public Works Colbert said such an arrangement as a flat rate could present difficulties as it would force engineering companies to recover any inequities In costs through charging for every service through the hourly rates assigned to their various technical personnel. He said he would prefer to evaluate the costs and/or benefits based on how companies provide services to the City. The Counciln *iber•noted,however,that some accountability is needed in these areas and perhaps this would be a way to get:a:handle:onit. Mr.Colbert said many of the complaints about consulting engineering costs have been in regard to the::time_:spent,not the rate being charged. Wachter moved,Awada seconded,a motion to.approve:tie amendment to the consulting engineering contracts for $onestroo, Rosene, Anderlik and A dates`and Orr-Schelen-Mayeron and Associates as it pertains to the 1992 fee schedule. Aye: 5::'>Nay::::4:. 1992 COMMUNTIY DEVELOPMENT BLOCK GRANT APPLICATION Mayor Egan introduced this item as a'request:tni.i ireidion regarding the Community Development Block Grant Application for 1992. Director of Community Development Runkle;r*viewed tlrt:four projects proposed,one of which could be considered by the Council for funding. Counciimeniber McCrea isaid that affordable housing was a critical issue and questioned whether the block grant could be used to relieve some of the congestion in the Wescott Square Apartiient area through providing some open space or park area. Mayor Egan asked whether the funds could be pooled with other cities for a larger project. Community Development Director Runkle said that cities have acted independently the past two years as it is difficult to find a project that benefits all three communities. Mayor Egan also asked whether use of the funds it uld be deferred allowing the City to build up grant fundS. Mr.Runkle said it was his understanding that*ale it could be changed or deverted,in order to receive the funding initially,a project h s:to.;be;;d nate l.;.;.. Discussion then ensued regarding how and moderate income housing and the importance of"scattering" such housing rather than placing it in a concentrated area It also agreed that the modest funding from this grant program would not have a significant impact on some:of the proposed projects; however, it could be moderately effective in the housing rehabilitation program whereby funds could be used for low and, moderate incdme people to upgrade and Winterize existing houses. Page 5/EAGAN CITY COUNCIL MINUTE ::::::::::::::::: : :5:::::::: ::: :: January 7, 1992 . Wachter moved, Awada seconded,:.a::motion to approve the housing rehabilitation program as the Community's 1992 Community Development::Block Grant aniii0lon for submission to the Dakota County Housing & Redevelopment Authority. Councilmember McCrea asked whether funding under the rehabilitation program is generally a gift or a loan. Director of Community Development Runkle said loans have been issued in the past with repayment typically when the property is sold. . Aye: 5 Nay: 0 MAC PART ISO LAND USE Ht......0G% Mayor Egan introduced this item asthe MAC 1.50 Land Use Program Implementation Plan. Assistant•• to the City Administrator Hohenstein tl efl'•eriplained�::the:`methods proposed to make improvements to residential properties within the Ldn 65 noise contour. He said the City's Airports Relations Committee had considered three basic programs and was recommending implementation of a sound insulation program to be accomplished through simple lottery. Neil Black,who has lived in Country Home Heights since 1965,did not believe a lottery was a fair way of determining which homes should be impiroved:.and when. He said it would be more appropriate to begin with those residents who had lived in the noise:c r'iridor:longest,giving them some assurance of order so that they could decide whether to wait for the improveme lts•iiii*Ve. Discussion then centered around the mechanics::of:a:lottery.Mr.Hohenstein said that some thought had been given to a"weighted"lottery which:would glee residents multiple chances if they had lived in the area a certain number of years. After considers :several options,the City Council's preference was for a lottery involving those residents who had lived in the noise affected area since 1978 or earlier. That year was chosen as noise levels have theoretically increased dramatically since the 1978 deregulation of the airlines. In addition, no differentiation will be made between property that is rented and property that is owner-occupied. Mr. Hohenstein noted that under this program,the MAC win not refund or rebate any monies already spent by homeowners for sound insulation. McCrea moved,Wachter seconded;a motion to'spprove•the recommendation of the Airport Relations Committee that the City's Part 150 Land Use Program Implementation plan provide for sound insulation only • and that applicants be selected by lottery from those tldents lh iJ in eligible housing on or before December 31, 1978. Aye: 5 Nay: 0 VARIANCE/PYLON SIGN/CLIFF ROAD MCDONALD'S Mayor Egan introduced this item as a variance for Nordqulst Sign Company of 23'to the 27'pylon sign maximum height, located north of Cliff Road and wet:;:of Nicols Road. Director of Community Development Runkle provided background on the item and noted that this is the first application the City Council has considered for a variance to:tipp:pyloo:OVOIPOPOAPA height on property that does not abut a freeway. Barbara Pitcher,representing Nordquist Sign Company;Sid they are requesting the variance because they believe the lack of visibility at the present McDonald's ldctttlon presents a hardship to the restaurant. Fred Reynolds, representing McDonald's, said in 1981 McDonald's had the opportunity to purchase the property where Holiday and Kentucky Fried Chicken now have their stores. They did not purchase the • Page 6/EAGAN CITY COUNCIL January 7,1992 property,however,because they were told that no curb cuts wotild••be permitted. They then bought property at their present location only to see curb culls allowed for Holida :Director of Public Works Colbert said that at the time of McDonald's purchase of propete :in that area,Dhikota County would not permit curb cuts on Nicols Road near its intersection with Cliff. Since ti ig e; iwwever,Nicols Road was turned back to Eagan which has resulted in curb cuts being reeiraluataiiiiiitiiiiiikuently permitted by the City. Councilmember McCrea said her concerns were not so much for the placement of a pylon sign as for the precedent that would be set if pylon signs were permitted on property not abutting the freeway. Director of Community Development Runkle said pomnitling,.tIr.•signwo.4ld have an impact on the criteria used by • Community Development to do their variance: ilysis:i ause.at resent,only direct access is used. McCrea moved,Wachter seconded,;a motion to contintiie•tkis item to the February 18,1992,regular City Council meeting to allow the City Council and Advisory PlanP1[g CoMmission to meet in a scheduled work session on February 11, 1992,to further discuss•.the::regulationof signs in the City. Aye: 5 Nay: 0 CONDITIONAL USE PER/10T/STABLES•IJCENSE/DIAMOND T RANCH Mayor Egan introduced this item as a conditional use permit and stables license for the Diamond T Ranch to allow a riding stable and boarding stable in an AG (Agricultural) district on Parcel 011-75 located along the west side of Pilot Knob Road, south of Cliff Road in the southeast quarter of Section 33. Wachter moved,Pawlenty second ........ d'a:motloa•to approve a conditional use permit and stables license for the Diamond T Ranch to allow a riding and boarding:Stable.at the above location,subject to the following conditions: 1. All applicable codes shall be adhered::t :::::?:?:::•••• 2. The conditional use permit shall:lie recorded with documentation provided to the City within 60 days of Council action. • 3. The conditional use permit shall have a five-year period with informal staff review of compliance with the conditions yearly. 4. The Diamond T Ranch shall meet ell stake eitYt +6Ri+iribtal and water quality standards. 5. All City licensing provisions shall be adhered• to 6. All City fencing requirements shall be adhered to Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/NITI1 DISPOSAL/OUTDOOR STORAGE • Mayor Egan introduced this item as a conditonal use pgrisiit for Nitti Disposal,Inc.,to allow outdoor storage in an LI (Light Industrial) district on Lot•$,Block 1,•SIbley Terminal Industrial park located west of Highway 13,north of Yankee Doodle Roa i l t;:th : 0:#. S.e n 8. McCrea moved, Pawienty seconded, a motion to continue:consideration of a conditional use permit for Nitti Disposal, Inc.,to allow outdoor storage in an LI (Ligl ti)ndustrial) district to the February 4, 1992, regular City Council meeting. Aye: 5 Nay: 0 Page 7/EAGAN CITY COUNCIL January 7, 1992 .;..::.R ST.::� : . ARCHI1W1 SEWIYO1�I:CQ1VtM1T1'EE McCrea moved, Wachter seconded, a motion'to approve without change the architectural review committee consisting of seven members as follows: George Kubik (APRNRC),John Gorman (APC), Alan Menning,Frank Potocnik,and Jim Runkel(Citizens Recreational Facility Task•Force),and Tim Pawlenty and Pam McCrea from the City Council. Aye: 5 Nay: 0 CONTRACT 91-04/OAKS ::0400 W ER 2ND ADDITION McCrea moved,Wachter seconded,a motion to approve•Change Order#1 to Contract 91-04, Oaks of Bridgewater 2nd Addition •Streets &Utilities). .Ayet 5 Nay:M SPECIAL CITY COUNCIL MEETING McCrea moved,Pawienty seconded,a motion to set a special meeting of the City Council for January 14 at 5:30 p.m., for the purpose of interviewing candidates for the City's various advisory committees and commissions. Aye: 5 Nay: 0 • Wachter moved, Egan seconded,a mot* to.apprive:the:checklist dated November 30, 1991, in the amount of$2,611,417.58, the checklist dated JaO;iiar b: 992,in the amount of$206,213.40 and the checklist dated January 7, 1992, in the amount of$348 3:63'Aye: 5 Nay: 0 EXECUTIVE SESSION/ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney/client 'privileged information at 9:00 p.m. Those in attendance were Mayor Egan,Councilmembers Awada,McCrea, Pawlenty and Wachter,and City Administra€oi R0114 71.#:;executive session was adjourned at approximately 9:45 p.m. KF CI'l 'OF EAGsAN E.J.VanOverbeke City Clerk • • • • -\. k te. ,,.... . QJLA-mA4._,...\ . _ ,. - - — SxS.-e. 0 �. ,_ _ sue ..I ' ' I -. _ 7- LC 1 --- 'A + ` 74'". ms's=J`- a..0 N s •Al Sf - . 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