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04/09/1985 - City Council SpecialSPECIAL CITY COUNCIL MEETING TUESDAY APRIL 9, 1985 7:00 P.M. I. Roll Call II. Commercial Parkland Dedication/ Opus Corporation III. Public Works Addition IV. Proposed Tanker Truck V. Personnel VI. Other VII. Adjournment �4L MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 4, 1985 SUBJECT: SPECIAL CITY COUNCIL MEETING A special City Council meeting was set for April 9, 1985, at 7:00 p.m., at the Eagan Municipal Center building. This meeting was called for by unanimous vote of the City Council at a regular meeting held on April 2, 1985. The following items are to be considered: COMMERCIAL PARKLAND DEDICATION/OPUS CORPORATION For the past several months, Mr. Tom Davis, representing North- western Mutual Life Insurance Company, and Bob Worthington, of the Opus Corporation, had requested time to meet with the City Council and discuss parkland dedication philosophy for industrial property. The Opus Corporation and Northwestern Mutual Life Insurance Company have objected to parkland dedication requirements on platted or replatted property. Apparently, there is no issue on property that is unplatted regarding future parkland dedications once the official platting occurs. For additional information on this item, refer to a position statement that was prepared by the Director of Parks & Recreation and City Administrator during 1984, which is in the form of a letter. Also attached is a letter that was sent to the City by the Opus Corporation dated February 1, 1985, regarding park dedication fees for Eagandale Industrial Park No. 7. The City Administrator and Director of Parks and Recreation will provide some background on the issue at the special City Council meeting on Tuesday. PUBLIC WORKS ADDITION The 1985 Budget includes a budget for operating capital in the amount of $200,000 for an addition to the Public Works Garage. The budgeted amounts are $50,000 each from the streets, parks, sewer and water departments. It is anticipated that the Public Works Garage addition will cost approximately $500,000 and, to date, there has been discussion of using $300,000 from the federal revenue sharing funds to offset the additional cost of the addition. The City Administrator is concerned that, with the absence of a Director of Public Works, that this project not be tabled due to the critical need for additional storage and, work stations at the Public Works Garage. The City Administra- tor has reviewed the matter with the Director of Parks & Recreation and it is their conclusion that the City should proceed with a request for proposal for architectural services and once an architect is selected, the City can proceed with design options for the garage facility. The City Administrator and Director of Parks & Recreation will provide additional information on this item at the meeting on Tuesday. MEMO TO HONORABLE MAYOR & CITY COUNCILMEMBERS APRIL 4, 1985 PAGE 2 Action required on this matter: To consider directing the City Administrator to prepare a Request for Proposal for the purpose of selecting an architect for the design of a Public works Garage addition. PROPOSED TANKER TRUCK As a part of the 1985 Budget preparation, a flusher truck (tanker) was proposed in the amount of $50,000 by the Parks & Recreation Department primarily for winter rink maintenance and Tree Depart- ment use. After deliberation on the matter, the capital request was reduced to $25,000 and the Director of Parks & Recreation was asked to review his specifications and determine whether a tanker truck could be scaled down and purchased for that amount. After a review by the Director of Parks & Recreation, it appears that the $50,000 expenditure will be needed to secure the type of equipment that is most desireable for the Department. Briefly, the Director of Parks & Recreation is proposing a tanker that will hold between 3,000 and 3,500 gallons. This seems to be a lot of water comparing it to the present tanker which has a capacity of 2,200 gallons. Apparently, when doing initial base flooding, crews will belly -dump the 2,000 gallons as evenly as they can over a 200 ft. by 85 ft. size hockey rink but, unfortunately, the coverage is 80% of the surface. Once you apply the initial load, you're unable to flood the remaining portion of the rink until everything is well frozen. Consequently, this prolongs the process of flooding and the rink availability is delayed. According to the Parks & Recreation Director, during routine maintenance once the season has begun, a single tanker load will not cover the ice surface at all rink locations. The size that is being recommended by Ken is consistent with tankers that have been used in other communities demonstrating several years of success with the equipment. The preliminary cost estimate on a tank this size is between $18,000 and $20,000, depending upon the number of variables. The cost for a 35,000 gross vehicle weight tandom truck with various vehicle options is $32,000 to $35,000. Therefore, the amount recuired for the new tanker is approximately $50,000. After the budget process was concluded last fall, the City Adminis- trator did direct the Director of Parks & Recreation to fully investigate options that were available for the purchase of a new tanker. Since he has concluded a study of those options and reviewed the maintenance expence of the existing tanker and, further, due to the period of time necessary for ordering a new piece of equipment, it seemed appropriate to address the results of his review at this time. If a new tanker truck was ordered this spring, it might be possible to receive delivery prior to the skating season of 1985/1986. The City Administrator and Director MEMO TO HONORABLE MAYOR & CITY COUNCILMEMBERS APRIL 4, 1985 PAGE 3 of Parks & Recreation will discuss various options such as 1) initiating the purchase .of new tanker truck at this time and allocating $25,000 of resources from another fund, 2) considering the allocation of an additional $25,000 in the 1986 budget and acquiring the piece of equipment for the 1986/1987 skating season or 3) some other consideration that may result in discussion by the City Council. HAVE A HAPPY EASTER! /V City Administrator TLH/jj cc, Ken Vraa, Director of Parks & Recreation M 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8100 January 18, 1984 MR TOM DAVIS NORTHWESTERN MUTUAL LIFE INSUR CO 4940 VIKING DR, STE 424 EDINA MN 55435 Re: Eagandale Center/Parkland Dedication Requirements Dear Mr. Davis: BEA BLOMQUIST Mayan THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER ci w l m@ ia'Is THOMAS HEDGES City AO InSIIOIOI EUGENE VAN OVERBEKE City Clem In official action that was taken by the Eagan City Council at a regular meeting held on January 17, 19840 a method to provide a park dedication plan for future development at Eagandale Center Industrial Park was approved. The purpose of this letter is to outline how the City plans to require park dedication in the -Eagandale Center Industrial Park. The recently replatted Eagandale Office Park should be subject to the cash dedication requirement, which has calculated. Those cash dedication requirements at time of the issuance of the building permits parcel. Existing platted property, and prope: platted into lots and blocks which may subseque in the future, will have its dedication requi by a land contribution. This land dedication is along the south and east shore of LeMay Lake, whic] 3.5 (+ or -) acres. The City of Eagan will work regarding the exact property boundaries to co needs and your desires to maintain a saleable ] the objective of the park system is to prov park dedication along the shoreline of which mu account when the property boundaries are deter previously been will be payable for each platted 7ty which is now "itly be replatted cements satisfied to be established 1 is approximately with your company Lncide with park Iarcel. However, Lde a continuous st be taken into mined. Enclosed is a concept diagram which shows an outline of the proposed land dedication. The City, is willing to defer the exact location of this land dedication until the surrounding area has been planned in detail; or at your discretion will proceed with the acquisition. Any property which is not' currently platted will be subject to the -.City's park dedication requirements in existence at the time of platting. Such dedications may take the form of a land THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY CITY OF EAGAN/NW MUTUAL LIFE INSUR CO January 18, 1984 Page 2 dedication if the City so desires. Such land must meet the City's objectives as well as the area park needs to become an acceptable parcel. The City has not attempted to equate the value of the land dedica- tion with the parks dedication requirements formula as it relates specifically to the LeMay Lake dedication. The City's position is specifically that the land to be dedicated around LeMay Lake is sufficiently significant to resolve the park dedication require- ment; demonstrating a value to the eventual parks development and the use of LeMay Lake. We believe this parkland approach represents what we have previously discussed and agreed to and hope you will find this an acceptable agreement as to satisfying the parkland dedication in the Eagandale Center Industrial Park area. Thank you for your patience and willingness to cooperate with the City on this matter. Sincerely, Thomas L. Hedges City Administrator en, aa, Director Parks and Recreation TLH/kf Enclosure cc: Bob Worthington OPUS CORPORATION MARC L. KRUGER, ASSOCIATE GENERAL COUNSEL February 1, 1985 Director of Parks and Recreation City of Eagan 3830 Pilot Knob Road P. O. Box 2119 Eagan, Minnesota55121 Re: Eagandale Center Industrial Park No Park Dedication Fees Dear Sir: Today Opus Corporation, as agent for applicants Alscor In- vestors Joint Venture and The Northwestern Mutual Life Insur- ance Company, has filed the Final Plat Application Form for the above referenced plat. A copy of this form is enclosed. Please note that under Item A.5, of Section II of that form, which requires that a "Cash Dedication" be submitted with that form in satisfaction of the "Parkland Requirement", reference is made to an attached letter. This letter is that attachment, and is included with our submittal in lieu of any payment of park dedication fees for the following reasons: Although it is understood that a fee will be required in lieu of a land dedication, to date no amount of such fee has yet been specified by your Department as being due in connection with this subdivision. 2. Even though this fee may be determined at the time of final plat approval by the City Council, we submit that the same shall only be payable at the time of issuance of building permits for the development of the new platted lots, with the total amount to be allocated between those lots on an area basis. We further submit that, when notice of the determination of the amount of the fee is given to the applicants, the means of calculating such fee should be specifically set forth in writing. As is required by Clause (d) of the enabling legislation for park dedication fees (Minnesota Statutes Section 462.358, Subd. 2[b)), that determination should demonstrate that that fee is necessary to offset the parkland needs created as a result of the approval of this subdivision. 800 OPUS CENTER. 9900 BREN ROAD EAST, P.O. BOX 150. MINNEAPOLIS, MINNESOTA 55440 (612) 936.4491 Director of Parks and Recreation February 1, 1985 P. 2 4. Finally, we submit that this subdivision, which is actual- ly merely a replat of existing subdivided lots into larger parcels, does not in itself create any additional parkland needs. In our opinion, if the existing platted lots were developed to the fullest extent permitted by the City zoning and building ordinances, the needs for parkland generated by such development would be substan- tially the same, if not greater, than the needs which will be created by the proposed level of development of the lots in this new plat. Therefore, to assess a fee in connection with the subdivision would be unfair and un- reasonable. In consideration of the foregoing, please be advised that, if the City Council does require payment of its park dedication fee as a condition of its approval of this plat, the applicants will make such payment under protest, reserving all rights which they may have under law to protest such assessment if necessary. Yours very truly, OPUS CORPORATION 4Z C �( Marc L. Kruger Associate General Counsel cc; Mr. Robert A. Worthington Opus Corporation Mr. Thomas S. Davis The Northwestern Mutual Life Insurance Company ®PSIS CORPORATION SPECIAL CITY COUNCIL MEETING TUESDAY APRIL 9, 1985 7:00 P.M. I. Roll Call II. Commercial Parkland Dedication/ Opus Corporation III. Public Works Addition IV. Proposed Tanker Truck V. Personnel VI. Other VII. Adjournment �4L MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 4, 1985 SUBJECT: SPECIAL CITY COUNCIL MEETING A special City Council meeting was set for April 9, 1985, at 7:00 p.m., at the Eagan Municipal Center building. This meeting was called for by unanimous vote of the City Council at a regular meeting held on April 2, 1985. The following items are to be considered: COMMERCIAL PARKLAND DEDICATION/OPUS CORPORATION For the past several months, Mr. Tom Davis, representing North- western Mutual Life Insurance Company, and Bob Worthington, of the Opus Corporation, had requested time to meet with the City Council and discuss parkland dedication philosophy for industrial property. The Opus Corporation and Northwestern Mutual Life Insurance Company have objected to parkland dedication requirements on platted or replatted property. Apparently, there is no issue on property that is unplatted regarding future parkland dedications once the official platting occurs. For additional information on this item, refer to a position statement that was prepared by the Director of Parks & Recreation and City Administrator during 1984, which is in the form of a letter. Also attached is a letter that was sent to the City by the Opus Corporation dated February 1, 1985, regarding park dedication fees for Eagandale Industrial Park No. 7. The City Administrator and Director of Parks and Recreation will provide some background on the issue at the special City Council meeting on Tuesday. PUBLIC WORKS ADDITION The 1985 Budget includes a budget for operating capital in the amount of $200,000 for an addition to the Public Works Garage. The budgeted amounts are $50,000 each from the streets, parks, sewer and water departments. It is anticipated that the Public Works Garage addition will cost approximately $500,000 and, to date, there has been discussion of using $300,000 from the federal revenue sharing funds to offset the additional cost of the addition. The City Administrator is concerned that, with the absence of a Director of Public Works, that this project not be tabled due to the critical need for additional storage and, work stations at the Public Works Garage. The City Administra- tor has reviewed the matter with the Director of Parks & Recreation and it is their conclusion that the City should proceed with a request for proposal for architectural services and once an architect is selected, the City can proceed with design options for the garage facility. The City Administrator and Director of Parks & Recreation will provide additional information on this item at the meeting on Tuesday. MEMO TO HONORABLE MAYOR & CITY COUNCILMEMBERS APRIL 4, 1985 PAGE 2 Action required on this matter: To consider directing the City Administrator to prepare a Request for Proposal for the purpose of selecting an architect for the design of a Public works Garage addition. PROPOSED TANKER TRUCK As a part of the 1985 Budget preparation, a flusher truck (tanker) was proposed in the amount of $50,000 by the Parks & Recreation Department primarily for winter rink maintenance and Tree Depart- ment use. After deliberation on the matter, the capital request was reduced to $25,000 and the Director of Parks & Recreation was asked to review his specifications and determine whether a tanker truck could be scaled down and purchased for that amount. After a review by the Director of Parks & Recreation, it appears that the $50,000 expenditure will be needed to secure the type of equipment that is most desireable for the Department. Briefly, the Director of Parks & Recreation is proposing a tanker that will hold between 3,000 and 3,500 gallons. This seems to be a lot of water comparing it to the present tanker which has a capacity of 2,200 gallons. Apparently, when doing initial base flooding, crews will belly -dump the 2,000 gallons as evenly as they can over a 200 ft. by 85 ft. size hockey rink but, unfortunately, the coverage is 80% of the surface. Once you apply the initial load, you're unable to flood the remaining portion of the rink until everything is well frozen. Consequently, this prolongs the process of flooding and the rink availability is delayed. According to the Parks & Recreation Director, during routine maintenance once the season has begun, a single tanker load will not cover the ice surface at all rink locations. The size that is being recommended by Ken is consistent with tankers that have been used in other communities demonstrating several years of success with the equipment. The preliminary cost estimate on a tank this size is between $18,000 and $20,000, depending upon the number of variables. The cost for a 35,000 gross vehicle weight tandom truck with various vehicle options is $32,000 to $35,000. Therefore, the amount recuired for the new tanker is approximately $50,000. After the budget process was concluded last fall, the City Adminis- trator did direct the Director of Parks & Recreation to fully investigate options that were available for the purchase of a new tanker. Since he has concluded a study of those options and reviewed the maintenance expence of the existing tanker and, further, due to the period of time necessary for ordering a new piece of equipment, it seemed appropriate to address the results of his review at this time. If a new tanker truck was ordered this spring, it might be possible to receive delivery prior to the skating season of 1985/1986. The City Administrator and Director MEMO TO HONORABLE MAYOR & CITY COUNCILMEMBERS APRIL 4, 1985 PAGE 3 of Parks & Recreation will discuss various options such as 1) initiating the purchase .of new tanker truck at this time and allocating $25,000 of resources from another fund, 2) considering the allocation of an additional $25,000 in the 1986 budget and acquiring the piece of equipment for the 1986/1987 skating season or 3) some other consideration that may result in discussion by the City Council. HAVE A HAPPY EASTER! /V City Administrator TLH/jj cc, Ken Vraa, Director of Parks & Recreation M 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8100 January 18, 1984 MR TOM DAVIS NORTHWESTERN MUTUAL LIFE INSUR CO 4940 VIKING DR, STE 424 EDINA MN 55435 Re: Eagandale Center/Parkland Dedication Requirements Dear Mr. Davis: BEA BLOMQUIST Mayan THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER ci w l m@ ia'Is THOMAS HEDGES City AO InSIIOIOI EUGENE VAN OVERBEKE City Clem In official action that was taken by the Eagan City Council at a regular meeting held on January 17, 19840 a method to provide a park dedication plan for future development at Eagandale Center Industrial Park was approved. The purpose of this letter is to outline how the City plans to require park dedication in the -Eagandale Center Industrial Park. The recently replatted Eagandale Office Park should be subject to the cash dedication requirement, which has calculated. Those cash dedication requirements at time of the issuance of the building permits parcel. Existing platted property, and prope: platted into lots and blocks which may subseque in the future, will have its dedication requi by a land contribution. This land dedication is along the south and east shore of LeMay Lake, whic] 3.5 (+ or -) acres. The City of Eagan will work regarding the exact property boundaries to co needs and your desires to maintain a saleable ] the objective of the park system is to prov park dedication along the shoreline of which mu account when the property boundaries are deter previously been will be payable for each platted 7ty which is now "itly be replatted cements satisfied to be established 1 is approximately with your company Lncide with park Iarcel. However, Lde a continuous st be taken into mined. Enclosed is a concept diagram which shows an outline of the proposed land dedication. The City, is willing to defer the exact location of this land dedication until the surrounding area has been planned in detail; or at your discretion will proceed with the acquisition. Any property which is not' currently platted will be subject to the -.City's park dedication requirements in existence at the time of platting. Such dedications may take the form of a land THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY CITY OF EAGAN/NW MUTUAL LIFE INSUR CO January 18, 1984 Page 2 dedication if the City so desires. Such land must meet the City's objectives as well as the area park needs to become an acceptable parcel. The City has not attempted to equate the value of the land dedica- tion with the parks dedication requirements formula as it relates specifically to the LeMay Lake dedication. The City's position is specifically that the land to be dedicated around LeMay Lake is sufficiently significant to resolve the park dedication require- ment; demonstrating a value to the eventual parks development and the use of LeMay Lake. We believe this parkland approach represents what we have previously discussed and agreed to and hope you will find this an acceptable agreement as to satisfying the parkland dedication in the Eagandale Center Industrial Park area. Thank you for your patience and willingness to cooperate with the City on this matter. Sincerely, Thomas L. Hedges City Administrator en, aa, Director Parks and Recreation TLH/kf Enclosure cc: Bob Worthington OPUS CORPORATION MARC L. KRUGER, ASSOCIATE GENERAL COUNSEL February 1, 1985 Director of Parks and Recreation City of Eagan 3830 Pilot Knob Road P. O. Box 2119 Eagan, Minnesota55121 Re: Eagandale Center Industrial Park No Park Dedication Fees Dear Sir: Today Opus Corporation, as agent for applicants Alscor In- vestors Joint Venture and The Northwestern Mutual Life Insur- ance Company, has filed the Final Plat Application Form for the above referenced plat. A copy of this form is enclosed. Please note that under Item A.5, of Section II of that form, which requires that a "Cash Dedication" be submitted with that form in satisfaction of the "Parkland Requirement", reference is made to an attached letter. This letter is that attachment, and is included with our submittal in lieu of any payment of park dedication fees for the following reasons: Although it is understood that a fee will be required in lieu of a land dedication, to date no amount of such fee has yet been specified by your Department as being due in connection with this subdivision. 2. Even though this fee may be determined at the time of final plat approval by the City Council, we submit that the same shall only be payable at the time of issuance of building permits for the development of the new platted lots, with the total amount to be allocated between those lots on an area basis. We further submit that, when notice of the determination of the amount of the fee is given to the applicants, the means of calculating such fee should be specifically set forth in writing. As is required by Clause (d) of the enabling legislation for park dedication fees (Minnesota Statutes Section 462.358, Subd. 2[b)), that determination should demonstrate that that fee is necessary to offset the parkland needs created as a result of the approval of this subdivision. 800 OPUS CENTER. 9900 BREN ROAD EAST, P.O. BOX 150. MINNEAPOLIS, MINNESOTA 55440 (612) 936.4491 Director of Parks and Recreation February 1, 1985 P. 2 4. Finally, we submit that this subdivision, which is actual- ly merely a replat of existing subdivided lots into larger parcels, does not in itself create any additional parkland needs. In our opinion, if the existing platted lots were developed to the fullest extent permitted by the City zoning and building ordinances, the needs for parkland generated by such development would be substan- tially the same, if not greater, than the needs which will be created by the proposed level of development of the lots in this new plat. Therefore, to assess a fee in connection with the subdivision would be unfair and un- reasonable. In consideration of the foregoing, please be advised that, if the City Council does require payment of its park dedication fee as a condition of its approval of this plat, the applicants will make such payment under protest, reserving all rights which they may have under law to protest such assessment if necessary. Yours very truly, OPUS CORPORATION 4Z C �( Marc L. Kruger Associate General Counsel cc; Mr. Robert A. Worthington Opus Corporation Mr. Thomas S. Davis The Northwestern Mutual Life Insurance Company ®PSIS CORPORATION