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03/08/2005 - City Council Speciali~- SPECIAL CITY COUNCIL MEETING TUESDAY MARCH 8, 2005 5:30 P.M. EAGAN CITY HALL - EAGAN ROOM I. ROLL CALL & AGENDA ADOPTION II. VISITORS TO BE HEARD ~, a- III. CONSIDER MAINTENANCE AND OPERATING AGREEMENTS / CAPONI PROPERTY ~, ~ IV. REVIEW SCOPE OF SERVICES FOR 20 YEAR TRANSPORTATION PLAN 1a.. V. REVIEW OFF-SALE LIQUOR LICENSE OPTIONS ~~1 VI. URBAN WILDLIFE ISSUES VII. 800 MHz /JOINT DISPATCH DISCUSSION `VIII. ` ~._ AGRICULTURAL ZONING DISCUSSION ( ~'G~ IX. ~ CEDAR GROVE REDEVELOPMENT UPDATE X. REVIEW 2005-2006 CITY COUNCIL GOALS AND WORK PROGRAM ~~ XI. OTHER BUSINESS XII. ADJOURNMENT Agenda Information Memo March 8, 2005 Eagan Special City Council Meeting III. CONSIDER MAINTENANCE AND OPERATING AGREEMENTS / CAPONI PROPERTY ACTIONS TO BE CONSIDERED: To approve the Maintenance and Operating Agreements providing for acquisition of the Caponi property and creation/operation of the Caponi Art Park subject to City Attorney and City Administrator satisfaction that all City Council conditions are satisfied. (One motion is sufficient for both agreements.) Agreement 7. Maintenance Agreement • Condition of Memo of Understanding • City/Caponi Art Park Board • Includes Caponi Art Park Business Plan Agreement 8. Operating Agreement • Condition of Memo of Understanding • City/Caponi Art Park Board FACTS (Items in bold type are new facts and information): • T1~e Memo of Understanding providing for the acquisition/operational framework was approved by the City Council on December 13, 2004. • A purchase agreement with the Trust For Public Land (TPL) was approved by the City Council on January 4, 2005. • Approval of the preliminary and final subdivision of the Caponi Art Park was given by the City Council on February 15. • The City approved six of the eight necessary agreements providing for acquisition of the Caponi property and creation/operation of the Caponi Art Park at the March 1, 2005 City Council meeting. Staff and the City Attorney are continuing to work to get agreements in final legal form for signature. • The Dakota County Board will consider their required agreements on the morning of March 15, 2005. It is fully anticipated that the agreements will be approved. • Per the direction of the City Council at the March 1, 2005 Council meeting, the City Attorney has been working with the attorneys for the Caponi Art Park Board (CAP) and the Caponis to finalize the language in the Maintenance and Operating Agreements in order that both agreements are consistent with the requests of the Caponi subcommittee. • The City Attorney has been working with the attorneys on the revised language for the agreements; however, as of Friday, March 5, the Caponi's attorney informed the City Attorney that he had some suggested revisions to the agreements, which would be provided to the City Attorney as soon as possible. • For copies of the draft Maintenance and Operating Agreements, please refer to the March 1, 2005 City Council Packet in which they were included. Due to the size of the documents, they were not included again in the packet for the March 8 workshop. • At this time, the respective attorneys continue to negotiate the final language for the agreements. The City Attorney will be present at the March 8 workshop to provide an update to the Council on the status of the two agreements. • In order to meet the March 15 closing date, the Council is asked to approve both the Operating and Maintenance Agreements subject to approval of the agreements by the CAP, and subject to City Attorney and City Administrator satisfaction that all City Council conditions are satisfied. • The scheduled closing date is March 15, 2005. The closing will involve a simultaneous transfer of the property from the Caponis to TPL and to the City. • The City Attorney's Office continues to work on all other required documents such as Title Opinions required for closing. • There are also numerous documents between the Caponis and the Caponi Art Park Board in which the City is not officially a party. The City Attorney's Office is reviewing those documents to ensure consistency with City expectations. • Per City Council direction, staff is expecting that all City assessments and connection charges will be paid at closing and unless otherwise directed by the City Council, staff will not close the transaction without such payment. 3 A complete Sources and Uses of Cash/Value on this transaction is as follows: Cash/Value: Dakota County $ 850,000 City of Eagan 720,000 DNR Natural and Scenic Area Grant 200,000 DNR Remediation Grant 300,000 TPL (Metro Wildlife Corridors Program) 191,000 Subtotal $2,261,000 Caponi Art Park Board-Gross $3,158,000 Less: Value of Life Estate (321,500) Caponi Gift 956 500 Caponi Art Park Board-Net $1,880,000 • Total cash and mortgages is therefore $4,141,000 ($2,261,000 + $1,880,000). Total value is $5,419,000 ($2,261,000 + $321,500 + $956,500 + $1,880,000). ATTACHMENTS: • In the event any City Councilmember would like a copy of the Memo of Understanding, the Purchase Agreement, or any other documents or information, please contact the Office of the City Administrator. City Council Workshop March 8, 2005 TRANSPORTATION INFRASTRUCTURE NEEDS ANALYSIS ACTION TO BE CONSIDERED: Approve the Scope of Services (SOS) by SRF Consulting Group, Inc., and authorize the preparation of a 20 Year Transportation Infrastructure Needs Analysis. FACTS: • On February 1, 2005, the City Council ratified the 2005-2006 City Council Goals based upon the results of the Council goal setting retreat held on January 21 and 22. • Goal #1 is to secure funding sources to expand the City's transportation infrastructure to meet the transportation needs of the community. • In response to the City Council's goal, the Public Works Department has requested a proposal from the SRF Consulting Group, Inc., for the preparation of a 20 year transportation infrastructure needs analysis. ATTACHMENTS: /_ • Memo from Director Colbert, page ~ • Scope of Services, pages ~ through ~_. City of Eagan demo To: MAYOR & CITY COUNCIL THOMAS L. HEDGES, CITY ADMINISTRATOR From: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS Date: MARCH 3, 2005 Subject: 20 YR. TRANSP. INFRASTRUCTURE NEEDS ANALYSIS (TINA) At the City Council Goal setting retreat held on Jan. 21 & 22, the City Council identified 7 goals for the City to focus on over the next 2 years. These 7 goals were ratified by Council action on Feb. 1, 2005. Goal #1 is to secure funding sources to expand Eagan's transportation infrastructure to meet the transportation needs of the community. The Council also wanted to set aside a special workshop to discuss these issues in greater depth. In pursuit of this Goal, staff is proposing to create a 20 year projection of what our community's transportation infrastructure needs are along with a funding analysis to determine the extent to which we can reasonably finance any improvements. This will then help us prioritize the various needs and pursue or implement optional funding strategies to accomplish our goals. I have requested a proposal from the SRF Consulting Group Inc. in response to a scope of services (SOS) to help the city prepare such a plan. We would like to review this SOS with the Council and get authorization to begin this study in hopes of having the information available for Council review at the May 10 Workshop dedicated to transportation issues. We will also plan to present a draft of the next 5 year CIP (2006-2010) on May 10 for discussion before scheduling it for formal Council approval in June. Please let me know if you would like any additional information before the March 8 workshop and I'll be happy to promptly respond. /L_w-- ~~~~- CONSULTING GROUP, INC. 'transportation • Cit-il • Structural • En~rironmental ~ I']aiuting • Traffic • Landsca}~e Architech~re • Parking • Right of 14'ay February 28, 2005 Proposal No. P05069 Mr. Tom Colbert, P.E. Public Works Director CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122-1897 SUBJECT: CITY OF EAGAN TRANSPORTATION INFRASTRUCTURE NEEDS ANALYSIS Dear Mr. Colbert: Based on our meeting last week, we understand that transportation is one of the top three City Council priorities for the upcoming year. As such, you have requested assistance to review, identify and prioritize transportation needs within the City of Eagan. In addition, you have requested that we look at funding issues (i.e. available funds, gaps and potential resources). The purpose of this effort would be to organize a strategic approach that prioritizes, projects and maximizes potential resources that are available from all public and private sources. The work plan is broken into seven tasks as described below. I. WORK PLAN Task 1-Project Management and Coordination a. Manage daily work activities, coordinate tasks and meetings, review budget and billings and provide regular updates to the City Public Works Director through meetings, voice/written and email correspondence. Task 2 -Data Collection and Review a. Review previous city, county, regional and state transportation plans, with a special emphasis on forecast volumes, recommended highway cross section and identified improvement needs. b. Compile recommendations from recent planning studies (such as corridor reports, AUARs, development/redevelopment proposals and public-private projects) which are pertinent. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 • Fax (763) 475-2429 • www.srfconsulting com An Egual Opportunity Employer 7 Mr. Tom Colbert, P.E. City of Eagan February 28, 2005 Page 2 c. Assemble project descriptions of programmed projects noted in city/county CIPs, and regional or state TIPS. d. Gather relevant planning and project data from adjacent jurisdictions that could have a bearing on Eagari s transportation needs or project programming decisions. Task 3 Needs Analysis a: Evaluate information and consult with City staff; identify completed projects, projects underway and those desired but not yet constructed. b. Classify future state, county and city projects that are not yet constructed as programmed and funded, or as unfunded. For programmed and funded projects, document their cost, funding sources and year programmed, so that these projects can be accounted for in the future revenue stream. c. Assess, using the previously compiled data, the future impacts to Eagan of proposed public and private development and redevelopment activities, infill and full build-out plans. Evaluate this development activity's general effect on the unfunded projects capacity and design. d. Assess, based on the information that has been assembled, the impact to Eagan from transportation facility development plans of adjacent communities. Evaluate their effect on Eagari s future transportation system and project needs. e. Meet with Mn/DOT and Dakota County to discuss future infrastructure needs identified in 3b, 3c and 3d, resolve inconsistencies with previous plans, and refine future transportation infrastructure system plan. f. Develop planning-level cost estimates for the unfunded improvement projects that have relevancy to the City's future transportation system (i.e., collector and above). g. Define the anticipated city financial responsibilities (cost share) for the projects identified. h. Consider the City's present financial situation regarding the current transportation improvement obligations in order to identify any past project cost shortfalls that could affect future project revenue and staging. 8 Mr. Tom Colbert, P.E. City of Eagan Task 4 Funding Strategy February 28, 2005 Page 3 a. Describe potential strategies/actions that may be required to facilitate funding opportunities or eligibility (i.e., functional classification changes, jurisdictional transfers and MSA mileage trade offs.) b. Work with the City to identify realistic potential funding sources for the unfunded projects, which may include: o Traditional State Aid (CSAH, MSAS) o State Bonding Bill o Met Council STP, CMAQ Funds o Mn/DOT Program Funds (various) o Bonding o Congressional High Priority Projects (demos or demonstration projects?)) o Cooperative Agreements o Developer Negotiated Contributions o Assessments o TIF o Others c. Evaluate the appropriateness/feasibility of these funding techniques and assign a preferred funding method, if possible, to each of the critical, unfunded improvements identified in Task 3. Task 5 Project Prioritization a. Work with City staff to establish project prioritization criteria, which may include: o Local and agency support o Urgency of need o Cost effectiveness o Benefits (access/circulation, safety, congestion relief, quality of life) o Project readiness (level of completion of environmental and project documentation) o Plan compliance o Opportunities to leverage other funds (partnering/cooperative agreements, private contributions, match. to other public funds) 9 Mr. Tom Colbert, P.E. City of Eagan February 28, 2005 Page 4 b. Rank key future unfunded transportation improvement projects, using the established prioritization criteria c. Prepare an evaluation matrix to document project rankings. d. Establish a staging plan (short, median and long range) that presents projects geographically on a map, and is coded to the improvement priority schedule. Task 6 Report Preparation, Review and Publication a. Prepare 20 copies of a Draft Eagan Transportation Infrastructure Needs Assessment memorandum for review and comment by local officials, and compile comments. b. Refine draft based on comments and prepare 20 copies of the Final Eagan Transportation Infrastructure Needs Assessment memorandum. Task 7 Partnership Meetings a. Convene four staff-level meetings to review information at critical study milestones. b. Attend up to two City Council work sessions to gain input and feedback on important study policies, findings and preliminary recommendations. c. Convene two coordination meetings with key agencies, such as Dakota County, the Met Council and Mn/DOT. II. PROJECT SCHEDULE We understand the City's need to complete this study in a timely manner. Therefore, we propose to complete the project by the end of May 2005, if the Notice to Proceed is issued by late February. The attached schedule documents our project timeline and key deadlines and partnership meetings. III. BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies and reproduction. would be reimbursed at cost, and mileage would be reimbursed at the current allowable IRS rate for business miles. Based on our scope of services and our understanding of the project, we estimate the cost of our services to be $27,560, and we will not exceed this figure without your approval. /D Mr. Tom Colbert, P.E. City of Eagan February 28, 2005 Page 5 Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. IV. CHANGES IN SCOPE OF SERVICES It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal, either mailed or faxed to our office, will serve as our notice to proceed. Our fax number is 763-475-2429. Work as described would be completed by the end of May 2005). We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. David. K. Montebello, P.E. Principal BDS/ dcw Attachment: Proposed Schedule APPROVED: (signature) Name Title Date This cost proposal is vatid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. Agenda Information Memo March 8, 2005, Eagan City Council Workshop V. REVIEW OFF-SALE LIQUOR LICENSE OPTIONS ACTION TO BE CONSIDERED: To provide direction to staff regarding the issuance of off-sale liquor licenses and any changes to the Interim Use Ordinance (moratorium). FACTS: • Since October of 2004, staffhas been working to review the City's regulations with respect to the issuance of off-sale liquor licenses. Information was prepared for Council's consideration at the January 11, 2005 special City Council meeting. This information contained background on Eagan's past practices pertaining to the issuance of licenses, the Police Department's perspective on impacts of liquor operations in the past, present and future and survey data from 13 metropolitan municipalities and how they regulate the issuance of off-sale licenses. • At the January 11 meeting, staff was further directed to develop a list of options for restricting the issuance of licenses and to discuss these options with the 14 existing license holders to obtain their feedback. A meeting with affected license holders was held on March 2. Eight of the 14 establishments were represented. An additional license holder contacted City Clerk/Administrative Services Coordinator Petersen on March 3 to offer an opinion. • At the March 3 meeting, initial feedback from the group indicated that the members were in favor of some type of restriction on the issuance of licenses. Questions were raised about the historical reasons for the population and geographic restrictions that were once in place in the City and then later abolished by 1994 when a free market approach was implemented. Given their particulaz interests, the group's discussion centered primarily on what restrictions should be instituted. The following comments/concems were expressed with respect to the need for adding some type of restriction(s): 0 Survivability of small businesses due to increasing numbers of establishments o Liquor is a regulated industry with certain laws and ordinances that must be abided by, unlike other retail businesses; and the City has the ability to impose restrictions o Large conglomerates, e.g., big box retailers with a liquor outlet, might erode small businesses since these types of retailers are also allowed to sell miscellaneous items and groceries whereas liquor stores are restricted in what items they can sell o Future legislation could allow liquor sales in big box retail locations without requiring a sepazate location/entrance, which would further impact liquor stores ~~ • Options for restrictions focused mainly on limiting licenses by population; however, a couple of other suggestions were raised. One option was to limit one license per retail center. Another suggestion was to designate which retail centers off-sale liquor stores could be allowed in. Although these restrictions would prevent two establishments from being in direct proximity, it would also potentially hinder existing establishments from relocating in the future. Additionally, it was mentioned that owners of retail centers may potentially inflate the price of lease space for liquor operations. Another suggestion was to limit the number of licenses based on population and also spacing. A map depicting where the current establishments aze located shows that cone-mile buffer, as used in other cities, is not easy to implement given the current license distribution. This map can be found on the last page of the attached memo dated February 17, 2005 to City Administrator Hedges. • All eight license holders in attendance, plus the ninth license holder who called on Mazch 3, were in consensus with capping the number of liquor licenses at 14 (the current number issued) with any future licenses issued being based on population. Currently, the breakdown of issued licenses is as follows using the City's January 1, 2004 population estimate as presented to the license holders: 66,504/141icenses =1 license per 4,750 in population Using a restriction of one license per 4,750 in population, it is likely that Eagan's projected population increase will only allow room for one more license. • Eagan's population of 66,504 is staff s estimate taking into account a number of factors. The Metropolitan Council releases population estimates for cities each April for the previous yeaz, e.g., the April 1, 2004 estimate will be released April, 2005. The City of Blaine, which limits licenses based on population, uses the Met Council's population estimate. Conversely, the City of Brooklyn Pazk uses the population figure compiled by their Planning Department. The Met Council's estimate for Eagan as of April 1, 2003 was 64,975. Staff is currently working to develop a new population estimate as of January 1, 2005. This number will not be determined until we receive more information from the Met Council regazding persons per household. Regazdless of which population estimate is used, the range differential will be negligible, e.g. 1 per 4,641 to 1 per 4,750+. If Council concurs with the licensees' request, direction should be provided to staff as to the figure to be used as the baseline in calculating the number of licenses by population. • Licensees also expressed an interest in providing a clause that protects their ability to sell should the population decline to a number less than 66,504. In essence, the license holders were in favor of capping the number of available licenses at 14 and only allowing additional licenses should the number rise above the population figure determined by Council to be used as a baseline. • It should also be noted that while the 14 existing license holders would retain the right to sell their establishments, there is no provision that would prohibit a redistribution of the available licenses to another location. Thus, the buyer of an establishment in northeast Eagan may choose to open a store in the southwest part of the City. • No specific health, safety and welfare concerns for the community as a whole were raised by the license holders as reasons for limiting the number of licenses. 2 • Another point of concern that has been raised by license holders is the effect of the Interim Use Ordinance, approved on October 19, 2004, in limiting the ability of a current off-sale license holder from selling their business since a potential buyer would be unable to apply for a new license. It has come to staff s attention that at least two license holders may be in a position to sell their establishment. The Council may want to address this matter and provide staff with direction. The moratorium is set to end on October 15, 2005, unless the Council decides to lift it sooner. • If the Council provides staff with direction to implement the license holders' request to limit the number of licenses based on population, staff will need to develop a set of criteria for use in determining how a future license gets issued, e.g. first-come, first served, etc. This could be handled via language contained in an ordinance amendment addressing any restriction(s) to be imposed or it could be handled administratively and put into place well before the next license is set to be issued. • Notification was sent to the 14 existing license holders, as well as others who have expressed a recent interest in obtaining anoff--sale license, inviting them to attend the March 8 special City Council meeting and/or to submit written comments for Council's consideration. ATTACHII~NTS: • Enclosed on page ~ is a memo sent to all off-sale liquor license holders and other interested applicants informing them of the March 8 special City Council meeting. /I__ • Enclosed on page ~ W is a list of attendees and establishments represented at the March 2 meeting with staff. • Enclosed on pages ~ through ~ is a memo from Director of Administrative Services VanOverbeke and City Clerk/Administrative Services Coordinator Petersen identifying potential off-sale licensing options. • Enclosed on pages~_ through ~ is a memo from Director of Administrative Services VanOverbeke containing survey data, historical information on past Eagan policies/ordinances/City Code changes, Police Department information, and a map of current off-sale liquor license locations. This memo was distributed to Council for the January 11 special City Council meeting. City of Eagan Memo To: Off-Sale Liquor License Holders From: Maria Petersen, City Clerk/Administrative Services Coordinator Date: March 3, 2005 Subject: Special City Council Meeting -March 8, 2005 at 5:30 p.m. Per Council direction, a meeting was held on March 2 to obtain feedback from off-sale liquor license holders with regard to the possible imposition of restrictions on the issuance of off-sale licenses. Eight of the 14 existing license holders were in attendance at the meeting. The general consensus of the group is that the number of liquor licenses should be capped at 14 (the current number issued) and any future licenses should be based on an increase in population of 4,750. Currently, the breakdown of licenses issued per population is as follows using the City's January 1, 2004 population estimate: 66,504/141icenses = 1 per 4,750 in population The option preferred by the majority of the license holders will be shazed with the City Council for their discussion and consideration on March 8 in the Eagan Room at the Eagan Municipal Building. The meeting is scheduled to begin at 5:30 p.m.; however, there are two items to be heard prior to the off-sale license discussion. If you are unable to attend, you may submit your written comments to me prior to the meeting and they will be forwarded to the City Council. Please have your comments to me no later than noon on Monday, Mazch 7. They can be faxed to me at (651) 675-5012 or e-mailed to mpetersenCa~,ci ofeagan.com. If you have any questions in advance of this meeting, please contact me at (651) 675-5034_ '~ ~ ~~~ ~Y Off-Sale Liquor License Holders \~~ti March 2, 2005 ~N Sign In Sheet Please print your name and establishment Name Establishment 4v~ ~~~r7-ev~ /~ ~/~ 1 ~M G .~ ~~ ,~ !~ 1 ~ ~ti e ~ ~ ~ r ~'~ f it 2's~t ~v'G~ ~ ~- `~ ~~~ c~ a ~ ~-~ ~2- ~ 4 ~ TaP V~~~~ 4 ~~~~~~ _ -~ . , ~~~ ~~ C2-V~S-e T't v ~ Ck ~. r wl~~ Cc~, l le cQ dv~ ,~'~a ~ c In 3 ` ~~ K2 I ovv~c~Si ~tG ~ ~SCc~.~v~ ~`(~~zc~S /~ City of Evan Memo To: Tom Hedges, City Administrator From: Gene VanOverbeke, Director of Administrative Services Maria Petersen, City Clerk/Administrative Services Coordinator Date: February 17, 2005 Subject: Off-Sale Liquor Licensing Options At the City Council's direction, staff has spent a considerable amount of time researching the history of off-sale liquor licensing in the City of Eagan as well as surveying other community's policies for issuance of off-sale liquor licenses. At the January 11, 2005 special City Council meeting, the Council further directed staff to conduct a more thorough analysis of the restrictions other cities use to regulate the number of off-sale establishments. An eazlier study by Deputy Clerk McGarvey indicated that four of 13 metro cities, of similar size to Eagan, restrict the issuance of off-sale liquor licenses based on certain criteria. Each of these cities was contacted and their restrictions aze summarized in greater detail below. Staff has also compiled a list of options, and related advantages and disadvantages of each, for consideration by the off-sale liquor licensees and subsequently City Council. Please review the information and provide any comments prior to the meeting with the licensees. The meeting with off-sale license holders is tentatively scheduled for March 2 at 2:30 p.m. City of Blaine: The population of the city is 49,962. Currently, the City has issued seven off-sale liquor licenses. One off-sale license may be granted for every 7,000 in population. In addition, off-sale licenses may only be issued to establishments that are located one mile from another ofF sale establishment within city limits. The city does not have a waiting list for those who aze interested in opening a new establishment. If an existing business wants to sell their operation, the new buyer applies for the license and, assuming successful completion of the background checks and application process, the license would be granted to the new buyer. Previously, only municipal liquor stores were allowed in the City of Blaine. Privatization of liquor operations was allowed in the mid 1980s. Initially, the only restriction in place for private establishments, not including zoning regulations, was that establishments must be a minimum of one mile from another establishment. In 1999, the population restriction was added. The city expects their population to ultimately reach about 85,000 residents. The city regularly receives inquiries for new off-sale liquor licenses. Just recently, one additional license became available due to the population increase. In order to address how to grant this license, a list of criteria was developed in order to fairly ~7 process requests for the available license. No changes aze anticipated to the existing liquor regulations. City of Brooklyn Park: The population of the city is 68,600. Currently, the city has issued 12 off-sale liquor licenses. One off-sale license may be granted for every 4,000 in population. With the current population at 68,600, the city still has five remaining licenses for a total of 17. There is no geographical restriction such as a one mile radius. However, zoning regulations state that the establishment must be 300 feet from a school or church. Historical data about the implementation of the population restriction was not available. The city has received a couple of recent inquiries for off-sale licenses but generally there hasn't been a big demand for the remaining licenses. Only a slight population increase is anticipated in the city and no changes to the liquor regulations are expected. City of Burnsville: The population of the city is 60,900. Currently, the city has issued eight off-sale liquor licenses and does not foresee the issuance of any more since there are very few viable locations left. The breakdown of licenses equates to approximately one per 7,612 people. Off-sale licenses may only be issued to establishments that aze located in a free standing building and they must be a minimum of one mile from another off-sale establishment. Only one establishment in the city is located in an in-line shopping center (strip mall) and was grandfathered in as part of a redevelopment project. The city does not have a waiting list for those who aze interested in opening a new establishment. If an existing business wants to sell their operation, the new buyer applies for the license and, assuming successful completion of the background checks and application process, the license would be granted to the new buyer. The restrictions have been in place since the late 1970's. Approximately three years ago, the Burnsville City Council conducted a review of the liquor license limits to determine if changes should be made to the existing restrictions. Opposition to this change was expressed by existing off-sale liquor license holders and no change was implemented. City of Coon Rapids: The population of the city is 62,177. Currently, the city has issued six off-sale liquor licenses. Off-sale licenses may only be issued to establishments that are located one mile from another off-sale establishment within city limits. Also, the establishment must have a minimum of 2,500 square feet. All six establishments aze in compliance with the existing restrictions. The restrictions have been in place approximately 12 years and date back to when the city sold their two off-sale municipal liquor stores. The establishments were sold with the agreement that in time the city would issue additional licenses. When that time came, it was decided to give the existing establishments a spacing buffer, thus the one mile radius restriction was adopted. Except for two small azeas on two corners of the city, the six licenses completely cover the city's 23 square miles. It is possible for two additional stores to locate on these remaining parcels and meet the one mile radius requirement. The city does not have a waiting list for those who aze interested in opening a new establishment. If an existing business wants to sell their operation, the new buyer applies for the license and, assuming successful completion of the background checks and application process, the license would be granted to the new buyer. The city receives on average six inquiries each yeaz for new off-sale liquor licenses. The City Council has had the opportunity to expand the requirements but has chosen not to. ~~ The restrictions the four cities have in place appear to work well; however, they were established well in advance so that the issuance of licenses could easily be controlled. It is somewhat difficult to implement restrictions after a city has issued a significant amount of licenses without regard to population, geography, etc. However, several suggestions are presented below for discussion and consideration. Option 1: Restrict locations based on spacing, e.g. one mile between establishments within city limits. Three of four cities that impose restrictions have a one mile separation between establishments. Given Eagan's current distribution of licenses, four of the 14 establishments meet the one mile radius between their location and another off-sale establishment (see attached map). Existing establishments could be grandfathered in with any new establishments having to meet the one mile restriction. If that were to be implemented, it appears that only one parcel of land in Eagan, in the southeast part of the City, could serve as a potential new site, assuming no change with the 14 establishments already in operation. Advantages: Limits competition for licensees already doing business Limits the number of liquor stores in the City (community image) Current liquor stores retain their "value" Disadvantages: Limits free market activity Unmet demands for new types of liquor businesses such as specialty wine stores and stores combined with other services, e.g., Byerly's, Sam's Club . Difficult to impose geographic limitation with 14 establishments randomly located in the City; the majority of existing establishments would not be in conformance; through liquidation of a business, the number of establishments could be reduced if one mile buffer is not maintained Option 2: Restrict locations based on population. Two of the four cities restrict licenses in part based on population. The breakdown varies from one per 4,000 to one per 7,000 in population. Eagan, with 141icensees, is currently at one per 4,750 based on a population of 66,504. The population restriction could be based on any number desired by Council, i.e. one per 4,000 would leave two licenses available at the existing population. Any number greater than 4,750 requires a reduction in the total number of current licenses. This could be accomplished through attrition, i.e. liquidation of a business. Per the Met Council, Eagan's projected population by the year 2030 is expected to reach 72,000 to 75,000 residents. Advantages: • Limits competition for licensees already doing business • Limits the number of liquor stores in the City (community image) • Current liquor stores retain their "value" • Easier to impose vs. geographic restriction Disadvantages: • Limits free market activity • Unmet demands for new types of liquor businesses such as specialty wine stores and stores combined with other services, e.g., Byerly's, Sam's Club Option 3: Restrict locations to existing number (14). This number could be further reduced through attrition. Advantages: • Limits competition for licensees akeady doing business • Current liquor stores retain their "value" • No geographic or population restrictions to impose Disadvantages: • Limits free market activity • Unmet demands for new types of liquor businesses such as specialty wine stores and stores combined with other services, e.g., Byerly's, Sam's Club Option 4: Limit stores to one per shopping center/strip mall. Advantages: • Prevents another establishment from locating in close proximity to existing establishments • Opportunities for new establishments and specialty businesses Disadvantages: • Not a significant change from current system • Increased competition could force smaller establishments to go out of business • Too many stores (community image) • Possible increase in police enforcement efforts • General availability of alcohol is greater • Maybe difficult to define in certain situations, e.g., free standing buildings vs. shopping center/strip mall Option 5: No restrictions Advantages: • Maximize competition between licensees • Opportunities for specialty businesses • Maintains free market activity ao Disadvantages: • Possible increase in police enforcement efforts • Increased competition could force smaller establishments to go out of business • General availability of alcohol is greater • Too many stores (community image) Burnsville's restriction requiring establishments to be located in a free standing building is not a viable option for Eagan considering that only one of the 14 establishments is currently located in such a building. Coon Rapids also imposes a 2,500 square foot minimum for an establishment. This would also be difficult to impose after the fact. This is not to say that they do not exist, but in this research no clear purposes for either numerical or geographical limitations as clearly articulated City goals or policies have become obvious. In gathering information, one observes statements like: to prevent proliferation of liquor stores, to reduce alcohol consumption and/or crime, to protect the community image, to protect existing stores from competition. The State clearly gives cities broad discretion in controlling off-sale liquor licensing which in general leads to these wide discrepancies in what individual cities choose to do in implementing licensing requirements. In general, cities aze exercising their authority and responsibility to protect the health, safety, and welfare of their communities in imposing the various restrictions. From our research, it is difficult to ascertain any direct relationship between the number and/or location of off=sale liquor establishments and any particular outcomes, positive or negative. For Eagan it appeazs that a reinstitution of any numerical and/or geographical limits will create a new set of issues after years of using a flee market approach: First, is 141icenses the correct number and secondly, are they in the correct locations? If the City Council decides that 14 establishments are too many, then a plan is required to deal with reducing the number through attrition or some other means. Natural attrition will likely not address location requirements. If the Council designates the number of licenses as something less than 14, e.g., 12, this could potentially result in current businesses losing value as a going concern. Staying at 14 and basically grandfathering in locations probably imputes an artificial value to existing licenses due to mazket forces. In summary, the City has a number of choices available in terms of the number ofoff- sale liquor licenses that may be issued as well as a number of ways to impose limitations. It is cleazly a City Council public policy issue to determine what mechanisms most clearly advance the health, safety, and welfaze of the community and whether or not any changes should be made to the free mazket approach currently in place. a~ MENJOT~ IEIG11T8 aa1 t~W m Mtl nm .fW Nm .xe0 aeD 10 m0 ..aD' , '~;.. _ _ _ _ wwuun r i _ -. ~ am . « ... .. - - .. .... swaarw~~'9-.^~ aao . .. _..-... - .. - _ .. Off-Sale - "~. _ ~t';. ~~ ~ ~ . .~ ~' ~ ` ' Liquor License °°- ... ~. Locations and ~ ~, 1 ,_ - - Commercial Areas t,,; , _ i 7 1 Legend ; , ,, ,•~ ,. ~ i Mi. e.ni.r -oT olsrw uawr - - - ; . ' .~,nl Lo w o.t ad - ~wooaco ~~ ~M 1 ~~ - Camnuwbl Gui0aA PrapMr ; ~ ~ ~ 1 i - ~ Sam aClub t/775 ~ ~ ~ { r . .._ ... .-.... ~ I 7s7s MnmrN Ave Suro, } I e ._. ~ r ~;. ,, ``".. I`..." ~,. ... ~ ~ ~___ ~ ... 1 . , ~,~,. ~ ~By`rlya Wlnas aed sPM f +~ 1 .. -. ~ t ... ~ ! -.~ 1201FPromnuW PI ~ { - ~ i t ~^^, ~ ~~ ~ LS.O. ly E'f MLquor~ I _.. e - ~-W ~ oooou eo.e ,W Yankee DoodN,Rd_. ..~.a u am . _. ,_ __.... __ -. - - _. eq.ToP Wino a sWdd _ - ' '> ..~ ,,,r"~ ' i _ Ji lie: 5 aW +• '^ .~ .' '~ .. _ r ,, , 4 - ~,Y175iNr8PIiRA i, , i '~ I.., ~f. . M5 L3 ! ;~ ' E t, R .. ~~ .. ~ +~. y . ~ ~- - S "!'"~ ._ eq Dlswunt liquor ~ ~ ... ~ - ~ , . J y ^: g i4 -." °^'~, ; .:+~a.~, tl 1 ,~ •~ .4 i;\ ~ :, j 7000 Cadar.0row Prkway I r -" ~ I ~ i -~ ` ~ \ ~ fi ,^ ~y f I i e.J-~ '°~°i+ "~- I._ f •~\ ~~ 1 _ ~ "~ t 5'ast ~..\ ~f~. ~E •i:\ ,a -~ ~. , , y o .. I `~„.. Y~ ~ MGM Lquw Waraheua~:;: V• , 9 ~ S ,. ~ Blackhawk u / ~5 ` ' "' H62 PNOt Knob Rd' `/ . a,. . ~ .. .. °. 1170 BlLekhawk Rd t - ^ i, ~ i .. ~ • .:, + _ _~ ~ Liquor Slappa R`~ ~ . ~ ~ r w .1 A~ r -- .. IISO Ia:irglon Aw'8 ,~ i°^.~ .. ,/ i t ; 9, f . ~ t 'S~w .r _. ~ ~ ^. [' {a fc .. . .. - ... .r. ' - , , .. ~.., r .. ., s. ,.... - ~ ~ . . ~~, t, ... ~. ~ -.." i ...,.,. ~. -. recme+n '. .'I- i ,: 154.•*~ ~' ly^ •' fi ~..~ i ~•^ I ~~Prdr lMnasi SPirOs ,. Z .,, '' .,,~ o ~ ~ W.~ E:• ' 1150 COR Iikb Rd i,07 S p .~. __: Caihra Wi ~ansdprro ~- A a lass Urt Rd ~c, ~' ,~ f' S~ ~~.. -~ .,,.. f ~ ~ ; ^.,.' ~ .. i .7;~:ff~ ' ~~,~ I - _ `..m .. ., ( .• i '" r i '' t S ° ~ ~ 6 JJ ~ ~ r+F 1 ~ f b mow. ,~ ",~ '~ ^ ~ ! b ~+ .... ~ ..' __ Y .... -~~- ..- __ s•_ _ _ 1 - 1 J ~ 7f .._.. t 11 __ 4 E 1 MEMO city of eagan TO: City Administrator Hedges FROM: Director of Administrative Services VanOverbeke DATE: December 28, 2004 SUBJECT: Off-Sale Liquor License Study At your direction and with the assistance of Deputy City Clerk McGarvey I have completed the research and am submitting this report as contemplated in the City Council's action to approve a moratorium on the issuance of off-sale liquor licenses. It is my understanding that the City Council desired survey information from other communities, historical information on Eagan's experience, and the location of current license holders within Eagan. The research has been limited to only off-sale liquor licenses and therefore does not include locations or history on non-intoxicating beer licenses. Although not specifically requested by the City Council, I have included a memo from Police Chief Therkelsen regarding liquor license enforcement issues from the Police Department perspective. The memo is intended to provide additional background information for the City Council deliberation. Survey Attached is a table of survey information as gathered by Mira. Staff requested information from 13 metro cities that are of similar size as Eagan. They are the same 13 cities used previously in the review of liquor license rates to provide consistency in providing background survey information. In general, four of the 13 cities have municipal off-sale liquor stores so they are not germane to our survey and the sample size is reduced to the nine remaining cities. Of those nine, four reported a limitation on the number of off-sale licenses that may be issued. One (Brooklyn Park) reported a hard limit but could not explain how or why it came about; one (Blaine) has a limit based on population; and the other two reported limits that appear to be based only on geography and spacing or separation. Various other city by city nuances can be observed by a quick review of the table. Eagan Exaerience It is not possible to tell from the survey data whether or not other cities have followed the same path to get to today's limits or elimination thereof. Eagan over the years has had both numerical and geographical limits. In August of 1986 the geographical (other than zoning) limit was removed with the remaining numerical limit based first on households (August 1986 to June 1990) and subsequently on population (June 1990 to January 1994). All numerical limits were removed in December of 1993 (Ordinance published and effective on January 13, 1994). Assuming compliance with zoning and the minimal Code requirements, a basic free market approach has been in place since the 1994 change. a~ The following is a very brief chronology of activities in Eagan over the years. Most City Council actions resulted from market forces colliding with the number limit and/or the geographical limits. Those limits obviously resulted in off-sale liquor licenses in and of themselves having an undefined economic value even though they technically could not be directly sold or transferred. Consideration of code amendments to change/remove/redefine the limits have generally been opposed by individuals holding licenses, whether or not they have been in use, at any particular time and supported by individuals desiring to enter the marketplace at that time. Chronology: The following references in the Ordinance/Code language are all to off- sale intoxicating liquor licenses and unless otherwise mentioned refer to the number of licenses available by the Ordinance or Code, although not necessarily issued and in use. The dated references are to Ordinance/Policy/City Code changes. Dates of meetings and activities resulting from licenses being approved but not used and requests for location changes are not included in this summary. The bold (#'s) at the end of each section are the number of licenses with approval and the number that appears to have been in use at the end of that particular time, respectively. The second number is the limiting number that along with location typically generated the requests from an applicant or applicants for change. February 22, 1973: Two licenses, one in the general western area of the Village (near Cedar Avenue and Highway 13) and one in the general north-eastern area of the Village. Approved (2) In Use (2) December 18, 1979: A third license was added in a central location. Approved (3) In Use (2) February 3, 1981: No more than four (4) off-sale licenses may be issued. They must be geographically spaced so that two are in the general western area (near Cedar Avenue and Highway 13), one in the general northeastern area, and one in the general south-central area. The Council reserved the right to determine specific compliance with this subdivision. Approved (4) In Use (3) July 16, 1985 Approved /February 6, 1986 Published: The City Code was amended to read: No more than four (4) off-sale licenses may be issued. They must be geographically spaced so that one license shall be located in the north area (southerly boundary shall be Silver Bell Road -Wescott Road excluding Silver Bell Shopping Center); one in the southeast area; and two in the southwest area with the easterly boundary located along Interstate I-35E right of way. The Silver Bell Shopping Center shall be included in the southwest area. The Council reserves the right to determine specific compliance with this subdivision. Approved (4) In Use (4) May 5, 1986: The City Council authorized a fifth license in the northerly portion of the city, generally in the Town Centre area. The City Council also directed that a public hearing be held in June to consider removing the restrictions or revising the number of licenses. Approved (5) In Use (4) a~} August 19,1986 Approved /September 4, 1986 Published: The City Code was amended to read: No more that one (1) off-sale license may be issued for each 2,000 households in the City of Eagan as determined by the Metropolitan Council as of April 1 of each year. The sixth off-sale license shall not be approved prior to July 1, 1987. One additional off-sale license may be approved each year thereafter. However, no license shall be approved prior to the 1~ day of August of each year commencing in 1988. Applications will not be accepted unless a license is available as determined by the household count. Each applicant shall display to the City's satisfaction that it has at least an option on a specific site for the location of the off-sale store. The council reserves the right to determine specific compliance with this subdivision. Available (8) In Use (6) April 26, 1990 Directed /June 5, 1990 Approved /Published July 26, 1990: The City Code was amended to read: One (1) new off-sale license may be authorized for each 5000 population increase in the city, over a base of 40,000, as determined by the annual Metropolitan Council Population Estimates of April 1. Applications for new licenses will be received through August 31. If there is insufficient population to support another off-sale license, the applications will be returned. New license applications will be reviewed by the Police Department through November 30 with Council consideration at the first meeting in December. New licenses will be approved with an effective date of the following January 1. Any license not activated by the following August 31 will be rescinded and the available license will be part of the next application process. The new license application process provides for the issuance of one (1) new license per calendar year. An off-sale license which becomes available when an existing liquor store is sold will be considered independent from the "new license° process outlined above. License renewals, change in ownership and relocation are addressed elsewhere in Chapter 5. A set of criteria will be included in the review process to aid in the selection of the best qualified applicant. Such criteria may include residency, financial structure, overall operation, proposed location, traffic implications, previous experience and ownership restrictions. Each applicant shall display to the City's satisfaction that it has at least an option on a specific site for the location of the off-sale store. The council reserves the right to determine specific compliance with this subdivision. Available (10) In Use (6) December 7, 1993 /January 13, 1994: The City Code was amended to read: Off-sale license applications will be reviewed by the Police Department. If an off-sale license is not issued within nine months after Council approval, the approval shall automatically lapse. Each applicant shall display to the City's satisfaction that it has at least an option on a specific site for the location of an off-sale store and such other information as the City may require. The council reserves the right to determine specific compliance with this subdivision. All off-sale licenses shall run from the date of issuance until December 31 of that year. Fees shall be prorated if any off-sale license is issued for less than a full calendar year. This is the Code that is currently in place. Available (No Limit) In Use (14) Conclusion State law provides that in cities other than cities of the first class the limit of off-sale intoxication liquor licenses shall be determined by the governing body of the city. Cities of the first class have a limit of not more than one off-sale license for each 5,000 population. Over the years there have also been numerous discussions and City Code changes regarding ownership issues which are not included in this information. Attached without page number is a map showing the location of the 14 off-sale liquor licenses that are currently authorized and in service. Please advise, if you would like anything else or if you think this information could be provided in some other fashion in response to the City Council direction. Director of d inistrative Services VanOverbeke cc: :City Clerk Petersen . ~. Deputy City Clerk McGarvey H /W w W W N~ 1~ a a a W O 0 N N N 'O ~^^ i..~l ~ Ow ~. ' V ~'' ~~ U ~ A ~ Z ~ ~~ aa~ i ~ i ~ a ~ e g o ~b~ i ~ ~ i~ ~b a ~ i ~ o z o rn ~ ~.. ° ~ ~ on ~ G .~ °o .5~ ~ a, ~ z F ~ y ~ ° ~ ~' ~ H ~U _ o _ o M ~ a~ o ~ ~ - ~ ~ W E'' a v p ~ .~ ~ [x+~D ~ ~ w ° ~ Ts ~ ~.~ ~~ °o o O o o w ° o 0 a a U N M° U U N y ~ p N ~° N z z v~ z ~z • • x ~ ~ ~ ~ ~ b . f~A . y H V Irl •~ •~r •~i ~ ~ W~ c~aa L"r o O z O z C"r o Q o Z O z O z O z O z °o °o A W O ~ O ~ L C^ ~ ~ ~ Q y ~ o w U ~ ~ ~ •~ •~ ~ N ~ O a~a • ~ ~ z ~ ~ ~ z z z z z z 0 H w a ~' pA•+ f1! W ~ ~ M ~ M 0 ~ o ~ ~ ~ (~ H O O ~ C ~ O M N 7 a w a ~ ~ ~ ~ ~ er ~ ~ ~.; ~ F~ o 0 0 0 z ~ w w 0 0 0 0 c c c a U u~a ~ N ~ ~ ~ ~ r-+ o~ ~ ~ ~ a a a a z ~ ~ p w w ~ w ~ O O O O ~~,~ ~ o, o. a o. • • • a ~ o, O ~ O ~c O a, ~ .~ V7 ~ O o ~ ~ N oo d~• ~ U U ~ ~ •~ a ~ ~ ~ ° ~ ~c ~ ~ ~ ~ ~ ~ ~ ~ w o ~ b > ~ ~ v~ w ~ . Cr ~ .' _i ~ O O ~ ~ ~ y • ~ ~ • ~ .rr E~ a '~ . o °o > ~ x ° GC ~C ~ c 5 ~ ~ '~ °" A, aoi ~ v ~ ca oa a"a as ~ W ~ ~ a v~ ¢ w w ~ a~ MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-675-5700 651-675-5707 FAX DATE: December 27, 2004 TO: Gene VanOverbeke, Director of Administrative Services FROM: Kent Therkelsen, Chief of Police~~ SUBJECT: OFF-SALE LIQUOR QUESTIONS As you requested, I am providing information on the impact of off-sale liquor licenses on public safety in Eagan, specifically regarding the number of available licenses. Crime and Safety Impacts Generally speaking, the presence of off-sale liquor has limited impact on crime or safety issues in our city. Off-sale liquor stores do generate police calls, but in the same sense as most retail establishments. All retail businesses are susceptible to thefts, burglaries, bad-checks and customer disputes. Liquor stores are considered more vulnerable to robberies and crimes related to their product, such as underage or intoxicated persons attempting to purchase alcohol. Our history does not reflect undue police responses to off-sale liquor establishments or their immediate proximity. I have attached a map showing current off-sale liquor establishments in Eagan. The map does not include grocery store/gas-station 3.2 oil sale licenses. Police Department Impacts The police department is responsible for background investigations of applicants for liquor licensing and periodic compliance checks to assure legal operation of the business. Background Investigation Lt. Jeff Johnson advises that background checks for off-sale liquor license applicants normally consume 2 to 4 hours of investigative time, and less than 15 minutes of dispatch time to query data bases. An out- of-state applicant would require additional time and travel expense to properly investigate. Assuming an in-state applicant, police costs are estimated at $200 per application. Compliance Checks The department strives to conduct at least three compliance checks at each on-sale, off-sale and beer & wine establishment per yeaz. Staff time is affected by the performance of the establishment. We estimate 20 minutes per establishment that passes and 40 minutes (not included subsequent court or administrative hearing) for establishments that fail. For 2005, the average hourly rate (wages and benefits) for the officers conducting these checks is $43.00. as Off-Sale Liquor December 27, 2004 Page Two I do not believe additional liquor licenses will have an adverse impact on public safety in Eagan. Hopefully, additional expenses associated with background investigations and compliance checks can be recouped from license fees. Please let me know if you have any questions. Thank you. C/ Deputy Chief McDonald Lieutenants Johnson, Johnson and Pike a9 ~ < ~ o ~ ~ Q ~ ~5 ~ ~ o 0 ~ c O= E ~ V o Y a~ m C ° _ Q ~ w ~ ~~ t '~ ° ~~ sv N M c~ J °° a z '~ F' JN ~. ~ o ~ E H o ~ o ~~ 0 ~ ~C o ~V >`~ m m° ~ ~v ~ 7 Ew m v~ N O L 0 ~ . J 0 C ~ v ~ ~ ~ ~ • 9 W p O m OY 7 p ~~ ~ ~ ~ W 9 ~ ~ c °'; G Y ; .dm Qo, ~t ~~` ~. m ~ ~ `w ~V ~V" ~ mom Y 0.:, ~ ~ ~ t t0. ~ • T~ , . Go m a ~N ~o w m '"~ Agenda Information Memo March 8, 2005 Eagan Special City Council Meeting VI. URBAN WILDLIFE ISSUES ACTION TO BE CONSIDERED: To discuss and provide direction to staffrelative to urban wildlife within the City of Eagan. FACTS: • Urban coyote sightings have increased within the City of Eagan over the past two years. A small number of attacks on domestic pets have been attributed to coyotes. According to the Minnesota Department of Natural Resources, there has never been a recorded instance of a human being attacked by a Coyote in Minnesota. • The Police Department has been researching this issue and would like to brief the City Council on the history of the problem, efforts to reduce conflicts through education and awareness, considerations for active control measures, control alternatives and related legal issues. ATTACIiMENTS: • None 31 Agenda Information Memo March 8, 2005 VII.800 MHz /JOINT DISPATCH DISCUSSION ACTION TO BE CONSIDERED: To discuss the Dakota County 800 MHz public safety radio project status, including the issue of Dispatch Consolidation. FACTS: • The Metropolitan 800 MHz radio system is being expanded to accommodate Dakota County public safety and public works agencies. • Dakota County and Dakota County cities have been working on the technical design of the system, which must be approved by the Metropolitan Radio Board by June of 2005 to meet a grant expenditure deadline of November 2005. • A key element of the plan is the number and location of dispatch centers (PSAPs). • Through the design process and also the Dakota County High Performance Partnership (HiPP) process, elected and appointed officials have begun discussions focused on service levels, governance, cost sharing and fiscal matters. • Eagan Police, Fire and Administration departments have participated in these discussions and anticipate that a request for formal City Council Action will be necessary between now and the middle of June, 2005. • Police and Administration staff will brief City Council on the current status of the 800 MHz project and PSAP discussions at this meeting. ATTACHMENTS: Presentation slides are attache o pages ~ to ~_ Enclosed on pages and is an editorial that appeared in the February 7, 2005 Pioneer Press regarding point dispatch operations between the City of St. Paul and Ramsey County. Enclosed on pages through is a briefing paper prepared for the HiPP Joint Dispatch Policy Committee regarding the governance for consolidated dispatching services. sa a--~ f~ Q N ~n = o o N 0 .~ 00 V i H H 0~ L C3 3 a .~ V O V 0~ CS 0~ v Qi H O L ^~ W .~ ~1.~ Q .~ Q~ .,~ O 0 V C3 Z 0 0 W a O .,~ Q .~ .~ a--~ O N ~ _ ~ ~- ~ ~ ~' ~ 00 ~ N ~ ,a; _ ~ ~ ~ o V ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ V ~ •~- ~ d., ~ ~' o ~. ~ ~ 'u ~ M '~ ~ ~ ~ ~ ~ ~ N ~~ • • W N .~ L N 0 0 00 .~ c~ .~ .V 0 O 3~- N O O 00 4- .~ .O .--, .~ V 0 V 0 N • W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~--, ~ 0 •~ ~ ~ O c~ .~ ~ ~ ~ N O ~ N ~ ~ ~ O ~ -~ O ~ ~ 00 O `~ o ~ ~ ~ ~ ~ ~ p ~- v v ^>' ~ ~ W W V .O a~ a--~ O O V O .^ ~ .~ ~ ~ ~~ ~ L ~ ~ O N ~ • QUj ~ O ~ O N ~ ~ V _ ~ ~ ~ •~ ~ o ^~^'' '~ W ~ 0 ~ ~ ~ 0 ~ O _ ~ QD O ~O O `'~ O ~ ~ ~ +~ V N ~' ~ ~- •~- = a~ cn . ~ ~ .,... V ~ .r. 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"O i ~ O '~ ~ O `•- ~ ~ •~ (~ L •i-~ ~ ~~ ~ N -+ a. ~ Q N N = a ~ O O ~ 0 ~ ,o ~ ~ ~ o ~ -v o c V ~ ~ ~ ~ O O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~O ~G `tom ~ ~ ~ ~ ~ ~ ~ O USA ~ ~ C ~ ~ ih O ih '0 ~ • r- ~ ~ C O -p _ ~ "a L ~ N Q ~ ~. .~ Q ~ ~ - O O a ~. ~., ~ °~' ~ N ~ ~ ~ .~ ° .~ - - o ~ ~ . ~ ~ ~ V D ~ O O ~O I~ ~ O O O ~ ~ M l,f~ ~ ~ r M ~ ~ ~ r M M ~~ ~^^ '' ~• W a ~ ~ ~ ~ ~ V 4~ ~ ~ N ~ ~ ~ ~ ~ .~ ~ ~ O ~ m ~-~ O 4~ O ~~~ ~ 4~ try N O O ~ ~ .v ~ ~ V V ~ N O ~ ~ v O v ~ ~~~v~ ~ .. ~ ~ ~ ~ ~ O t/~ ~'- O > OV ~ ~ ~ ~ O O ~ ~ ~ V ~ .O .+ ~ ~ -p V Q, Q, V .V ~ ~ 4~ ~ ~ ~ ~ t./7 DC I.L ~ ~ ~ • • • • • 41 N O = ~ ~ ~ O a. v~ ~ o Q ~ ~ 00 N .~ c~ ~ ~ O ~~ O a ~ ~ ~ O •~ ~O .~..~ ~ ,~ O N ~ _ ~~_ ~ o ~ •V ~_ ~ ~ ~ _. ~ ~ ~•~O O ~ ~ ~ ~ O ~ ~~ o ~ ~n ~ N V ~ -~ W ~ V ~, ~ ~ ~ ~ ,~ c~ ~ ~ ~ ~ o ~ o ~ z ^~ W 4~ V ~ N > ~ O ~ L7 N ~ .~ .O ~ N ~> 4~ ~ ~ L L.. o O a--~ O ~ --~ L ~ ~ o ~~ FEB-24-2005 11 39 CITY OF LAKEVILLE +6_g 6129854409 P.02/03 ~~ EDITORIAL SHERRI LAROSE. PIONEER PRESS FlLEj Vanessa Morales assists bawn Spencer-IYlarl~s, left, with a call in ~ Paul's Emergenty Communications Center in this November 2oD4 fife', photo. Spencer-Marks was in training. ., WHO YOU GONNA rwALL1 City, county should find wad to join 911 center s we've argued in past editorials, we think that St Pad ey County should pool their resources to build a' 911 emergency dispatch Center. The arguments in favor of t marry and financially sound In fact, we think this a prime. of how municipalities should '~rork together and eonsolidat~' ices to get the biggesir bang for the taxpayer buck in this era`~r; ing costs ar_d scarce resources. . ,- ~-3 FEB-24-2005 11 39 CITY OF LAKEVILLE w.. rnv ou~.+-!ug ~7Uli1L~i UI U1FS 6129854409 P.O3iO3 man ~sostron4 a fOrIDer Cop and 9t1~8r- .n eg tia t i o o wh n s,. ich have gone on or f •v isor the a ty 's e o m ergettoy comma- f ~ , 1 ,, ,, ~ y ~ p Q ~ p " uiL ~r'~ " u ~': V ci ~ ~Ce . •4 7- .1.«P. g ~ n ; j • l w ~ } ~ ~ ~ ~ . {Y ~4aw'•~ ~ + +waf• 4 '~i M YC (~ . ~ `S, _ y y • 1 ~ . ~,t / '1~ ~ L /y y,~ /~ y ~ ~} ~ ~p ~ } } ~ • '. ''m~.~ .w+Yr ~Wi't11G~Vl~~l/V~^•:':'^aW~~~~WYlo~. r+~''.~~}•}, • i ~' • i °' 1 i ' v ~ iti ' 'A a ' ` ... ,:c vvdul i•tike : ~n ~ I: l t iy ard l 'tha t and . Lion the 3eeand year• • .: .~ ~lll~?ezaee.:tlienew dispeenter,;ta •,~~:~tlltli:~yeex; the city 's•,: ' `- • • - _' hav~e•'i;tItima~e: ~iit~ng::aind'~$>i•Ing•`powei• , _ " :'be..i . everi'.'th' ~' ., te • , .l;: ." •~ ' ~YBI`_t~Ie:11eW~di'I'e~OT i,. ~:~:~ .i.,1 ~'• ,,.. : ', • • ' ' l . n. ~,. ;a~puld ;•co~t±iiine. ~: • . Wr ~ ' : . ... . _• ~.'~.:::..:; :. • ~:. •: ~ • ~ ":'' • ...•: ~•.- ~ ... :~t;otcritY tax{eS.~ :;may,.}:- ':throiigt• V{t.HO~'3•~ (N•.,CHAiI~E•?` • ~ •~: '~ - . '' .~plY:>,se, o~it,~~#he: c~ouble. 'taaati•` ' • = • . .. .. ..:.....•,•.,...:.: ..: ,.. . • : : . ~ • ~even~ll~Donoug~fi.agrees:'wouId: -: ' ' ''`,;~::'`Jlbour`75~'~erCenk.ofthe'~Jllcalls re~ia`StA Pa l,"~MaY aiid ll r ~ 'K ;•:~Y.a~•ectaty•residents.~,;~•;.~~~V~~•~t~::;:, '~~c : •• 'Tbi ti i ea 'i~~ ' - ~' • :e k~ O u R e y, .. ~ s. . s le sazoe•d l; t fi . • .' .to1d~•ns•:°We•siiouW.Iiave:'scitiie•;say in• that.Bostt'om praPoses foe. ~" ~hehi~gatict,~riiigoFa dirictgr.''~• •' ~ `. ,`arid White $eax Lake, •tlie;~' .. "' ;1'Iie.mayor ofcourse,:lilce•.tiny goad: • Rama!. Cwnty.: ~i~nmt~liitie~„~ ~ ppl~tie~az'i;,:`.i8 ~algoi ccnicerned .with - , ~~nde~endent: 911:t1ispatcH'• , ••' 1t1t11re::politic~~1.lialu7ittea.'If'tlierE'S••s1n ':mnre~thanfairaadthosedttas,' ., ,: • ' acadent•or'ata'unbu]ariae;is sentdo the . 'ha~'e'dug•t6eir heels fn and:retiised,`fp'v!,~: ~vrcng•address ~a,hd someone dies; "the join `to'e` city-county • dispatcl~~ • ceiiter'• •'. ;:~' •• • •people~sie'tio} gtiif~tafie'7oolcitig at ;.,~ •• ;shouldagr'eeto'it•)::. ..: :••.,• a ~ ~ ` • ~ some lio8i~•• that: was 'cieated:•or tb~ . Toe' county ..rivou[d ltke '•tJi ': ~ • . . county manager," tbe'nnayor•said. "If . , 'contribukion taremain at ~2'mill~gi'F~' ` ' : :~ive're a to• be: ,g .ing ~ Meld ;acConiitat-le,:. over the•ne>;t five•y~•s, wlf~t ~he'~iteA~~- ' the'tiwa}iave to'hat~2.sdme•G~ir•amouttt pt dlsronticitting.• it.+•aiter th~':llfel'~,~,'' . ol:sayonthehiFing•aad.~zangofwfio's •n4ugb ar~.t?t~tt they•can't~sai,;,= rumiing; that operation."• ~ agreement, that ' would••. ~ ;tialZy:'°"` . • • handcuff a futuie coar~ty boartl,•';;:~ :'~""Y ~. • ~ -'The : county, :• oi'.. C»urse, thinks it •:stioulct have ultimate' contrul~ and thtlt "'Chere's' nothing yotr : ;,can ~'• d~ fto~•~ ~tariuttee •wl~at the county baiaz'd~~'~1, r{' • •.. ~. #lie•:-iievq'':dii~tor_; shuuld,'bci; •a County , dq in''rtye 'years." said••A?cDdriqugb.• ,. empJoyee;;~-This riialces~ sense "to ns; • ~ "The.entire ho;iixl could be d1~P~it;'!;'• •"':. ' gtoen t]tat"t>ie'eounty;µz'tl„ui,etl'eat, be • ' .:,Again; 'mucY~ doesn't s~para#e, t~::;. • . turining the dispatch eerital:: • • • ' • ttvo sides. They should hamme'r' Dat`a' ' ~• •. 'Co'riiinissioner • ' 3ifin :•` McDonough , cc,mpromise. an, this - recogai~iig' ; Sesms;to•liave eorae;uli with a reason-• that it would Ue tundamentally•'tu~air-~:~:. able rampromise:•Tlie' aclvisar•Y ba:u'd, to t~vc St P;tul residents twice foi. the' ~. which w>71• consist •of' the rh.'t)'or;. (`lty same service ~ and wove o~_.`•:•:'.'.,`'':.:,,~ :,;;. 'Coiini:t~: atid:couety afII~cials; should do • •- just that: sa3vise: •: . ~• ~ A p E A L NEAR: ~ ~ `' ~ ;`• . "We did a# that:t'he po11Cy group • ' `- " •• • • ~ ~ ~~; ': could, •itidieete strongly to the .county • The one consistent message. got',' manager that toe director needs to be ~ frnm both. Kelly. and 1VIa:DonQUgh yva8:; fired "•• •McAonaugh told' us. • '`That that thcy're''rJose to a deal" .. ~ `~ wonld~give the City some proteetirnl" We hope they can resolve these ~ ' We: agree. and'•thuik it's a reason- sticking poin>^~. After all; ; Ramsey ~" able compromise County is the smallest in the state gem ., :' . W,H.4 SHOULD PAY; 7'he.other sticking point is finances. Under the current • propa9al, the ,city's cantrlhution to .the -tew diapatc:h. cen- ter` rvouli]'lie capped'at $5.2•.rnilticia, the amouizf it's paying !n its 2005 budget to ran its own dispatch•cetxter. What's at fssue•is•what the city will 13dy gUing eai:vvard. • • -iJrider a gi'oposal ,being. pcit forth by. the .;?na3'0~ ;anti' • City, ,Council 14iemher. ' s` •' .. n~e'~itji tea~er~want~a s. ~: ,County. officials, say tfiey wouldFiaVe Lhe•county t tlons;director witir•the ad' graphically aad down t need foci" Sri .•.• clispateTy c~ontery. L'onsolidattpig 'these,,. sertric~s !s the right thing to'do; ~ ' . "'his is not a dead deal;". sai~,: ~~. A4clionougi~.'"I3ut tt's tfine-seusitirre;" :; • . • Indeed, this di.~agieement gveir s5.~,;. million is ,holding up a X90 million com+;:~` ~. muriications upgrade project: It~•>t~e .~: far Both sides to settle this,;'-- ••aAd;::.,r• Maplewood dad White Bear Lake ~4 joi$;~•~~ ; in = and..birilr]• a::dLspabch oentar::~iat:' , t~•iii n~tonlysat'e the c~wtty's•~;"':• money, but also serve them ballet:. •:.~ ~ r:: ~` ::~ . _'-„•. runafie~cvmbirted•operatioi>tA~~"~`•~ •' << ~•~ agar titre ,arid f re tiie ein4rgei~cy';;.; ~, and'consent:of'a baard.torjiposed}~:~ . -'otCity;,a~d toyntyreprr±seritativeS.• • • • ~ ,' . •~.:Cos#:`sfiarittg:City~tea~ders maintain;.and couniy•o6Ficiais'acknpwle '-~>:hat.ctty:residents wil{.p'ay twice for a-rnergeti 91 a' center's bperatigp ;'•?;thfougJsi;~biinty #axes ~nd.again ihrougti the,Gity"S:~cntribtiticri to tF; `.,tnerglq:.facilitjc'S-bu~dg'et;:capped at•the i5;Z•,ritiMldn'•:annuai~y:that ~i tii~>vtr};tiy;spends'o•!t its overt emergeticyi:cente~ • Cjty pf~icials .waijld,[ik ~~ ::separdtE;eiiy'sKare pFiased;oul over.. five jrears;:countylead'e;rs say'the '.tie•ihe`~tiual ka~,k ,:s•f;~~.,w, ..,.._~. _..:.:. ~ .._ ._ . . :A4 TOTAL P.63 Governance for Consolidated Dispatching Services A Briefing Paper For: Dakota County HiPP Joint Dispatch Po/icy Committee Prepared By: PSC Alliance Inc. February 14, 2005 4S Governance: A Briefing Paper Introduction The purpose of this briefing paper is to provide background information and context for review and discussion for those considering governance options for joint dispatching activities. The recommendations and decisions for governance are not expected until the process works through the details and the associated pros and cons of the various options. Our experience has shown that the subject of governance is a key critical success factor when joint dispatch is considered by public safety agencies. The Elements of Governance As governance options are formulated, there are several elements that will be reviewed and considered. These elements are: Accountabi/ity and Responsibi/ity-There are different levels of accountability and responsibility inherent in governance. There are three distinct governance functions that need to be addressed. These are: • Legal and fiduciary control • Operational input, feedback, and policy leadership • Day to day management of the dispatch entity Cont~o/ - In any consolidation of service across jurisdictional boundaries, there are questions raised concerning the elements of control and influence. The governance agreement will address the levels and limits to control. The willingness to share control and decision-making among participants and the need to have meaningful, timely influence on service delivery standards and protocols will drive the most appropriate form of governance. Finance- Costs and cost sharing are two key factors in consolidation study projects. Costs have varied timeframes and will include: • "Seed funding" • Equity stakes • Capital improvements • Operating expenses. In some cases, there are also credits or direct revenue attributed to a participant for services rendered to the dispatch agency. Governance must address the forma/ae forcostsharing that accounts for the varying types of costs and credits. PSCAI/lance Inc., Copyright, 2005 ~2n 2/24/05 1~ Governance: A Briefing Paper T/ming -Consolidation time frames vary for each participant. Several factors create a sense of urgency within Dakota County: • The need to know the PSAP location(s) for radio plan approval and engineering • Availability of grant funds Expandabi/ity-There may be a desire to accommodate expansion in the future. If so, the governance agreement must provide for this. Ease -The chosen governance model must be easy to use and minimize bureaucracy. Prob/em Reso/ution and Commendation Procedures- A viable governance model must provide a defined method of identifying, surfacing, discussing, and resolving problems between a participant(s) and the operational dispatching entity, as well as between and/or among participating jurisdictions. It also must provide for an agreed upon vehicle for processing complaints and commendations from the public and field personnel, whether they be made to public safety agencies, jurisdictional management, elected officials, or the dispatching entity. Leve/s ofAuthority- To support the accountability of the operation, the governance model must provide for clarity relative to the separation between policy and operating decisions and the associated levels of authority, accountability, and responsibility. Otherlssues and Areas oflnterest-The following items represent other issues and areas of interest that need to be considered relative to governance: • Modification and cancellation of the agreement • Type, level and frequency of input/feedback relative to formal governance and operational performance • Level of participation, if any, in hiring, performance evaluation, and/or training services • Level of cooperation between the agencies relative to field training for dispatch personnel • Technology upgrade provisions and a forum relative to the design and modification of such upgrades. • Process for identification, communication, and management of complaints, compliments, and commendations from field forces and/or the public • Cost, budgeting, and payment methodology • Expansion of the agreement to include other jurisdictions • Modification to the agreement based on separation of a participant • Procedures for dissolution or termination • Performance management criteria and evaluation methodology PSCA/liance Inc., Copyr/ght, 2005 3 2/24/05 ~~ Governance: A Briefing Paper Governance Options There are several potential options for governing a prospective joint dispatching relationship. Some of the more familiar models are noted below: Oution 1-Status Quo 9-1-1/PSAP functions are being handled for all jurisdictions today. Remaining static is an option. Going forward with six PSAPs into the 800 MHz radio environment, however, will be expensive and does not leverage the various resources to the full advantage of the agencies. In addition, this approach does not address cost containment, staying current with technology, or human resource/staffing challenges that may occur. Remaining static does not align itself with current public policy that is seeking greater savings, more effectiveness, and improved long-term performance. The current state of delivery of PSAP services within Dakota County is listed in Appendix A. Oution 2 -Contract for Service The second option, in limited use today, is that of a "contract for service" relationship between a provider and a recipient community(s). In this model, one or more of the communities would offer their 9-1-1/PSAP operations services to one or more recipient communities under a contractual relationship that included clear terms and conditions. Such a contract should address these issues and prospective challenges: The elected officials of both jurisdictions would normally be required to approve the agreement. Examples: Eagan & Rosemount, MN; Lakeville & Farmington, MN; and, Saint Louis Park & Golden Valley, MN. Dakota County currently relies on a variety of models across its six PSAPs and the agencies served by the Sheriff's Department's PSAP are receiving their dispatch services under a model that most closely resembles "Option 2". Option 3 -Provided as a County Function A third option is to operate the 9-1-1/PSAP function as a county function with varying levels of input or governance. Within this option there are two basic scenarios. The two variations are: Option 3a -Managed directly by the County's Sheriff's Department In this model, the PSAP reports to and is managed by the County's law enforcement agency under the sheriff. PSAPs managed in this manner can include both sworn and civilian personnel, and can be managed by a sworn deputy or a civilian. This model does not preclude some method of user input, but it generally is handled on as as-needed basis and/or is advisory innature, with the client or user agencies adopting the County Sheriff's procedures and protocols and seeking relief for their unique or special needs by working with the agency's management. Examples: Hennepin County, MN -and -Scott County, MN PSCA//lance Inc., Copyright, 2005 4 2/24/05 Governance: A Briefing Paper Option 3b -Managed directly by a separate County agency In this model, the PSAP reports to and is managed by a County department outside of the Sheriff's Department, usually astand-alone public safety dispatching function. In this model, the communications agency reports either directly or indirectly to the County Administrator, who in turn, is responsible to the elected County Board. This model is generally managed by and populated with non-sworn civilian personnel. This model often includes a more open, participatory process to provide and manage user input, particularly because the County Sheriff, no longer responsible directly for the function, is now a "client" with a vested interest in maintaining an acceptable mix of procedures and policy. The user input may also be a function of a broadly reaching advisory body that also deals with the provision of other services from the County or from each other. Example: Anoka County, MN This model is also found in rural counties with a larger county seat, where the county seat has sizable police and fire functions, but where the predominance of local fire and/or police functions are small to medium in size and without individual resources sufficient to cater to many special needs. In these environments, local field personnel may also rely to a more limited degree on the presence of a ~~nearby sheriff s unit" to help in an unusual situation. Example: Saint Louis County -City of Duluth, MN There are various options or permutations of these two models that have been tailored for the unique needs of a given set of jurisdictions. The two options represent the general approaches in a setting where the county provides the service. Oution 4 -joint Powers Agreement (7PA A fourth option for consideration is a joint powers agreement entered into by two or more communities for the expressed purpose of providing 9-1-1/PSAP services as a new consolidated joint powers entity. This option relies on applicable statutes and protocol for creating and formally entering into such an agreement. It includes a statement of purpose, as well as a description of legal authority and scope. A joint powers agreement presumes the creation of a new service entity that is owned and controlled by all jurisdictions subject to the terms and conditions of the agreement. It requires the vesting of authority for the dispatch entity to hire, manage, train, develop, and terminate all of its employees, but it does not require a separate personnel system. Successful ventures have relied upon the personnel administration capabilities of a member jurisdiction for such services. These agreements will often include language that provides for the joint powers entity to exercise make-buy decisions for various support functions. Often the result is the assignment of responsibility to one or more member entities for various operational support functions, such as personnel services (as noted above), legal services, accounting, procurement, and payroll administration. PSCAIIiance Inc., Copyright, 2005 S 2/24/05 ~~ Governance: A Briefing Paper The agreement also requires a means for the entity to exercise ownership or lessee rights, to PSAP equipment and radio system infrastructure. In addition, the agreement prescribes basic guidelines for the transition of resources and equipment, if any, to the new entity. Examples: Northwest Central Dispatch, Arlington Heights, IL (suburban Chicago) Oution 5 - Emer4encv Communications Service District A fifth option for consideration is to create a service district to provide regional emergency communications services. Such a district is created with taxing authority and a governance and management structure separate from day-to-day city or county management. Legislative action is required to authorize the creation of a service district. This approach typically transfers the tax levy for funding the service provided from the local tax bill to that of the service district, because it is provided the authority to levy taxes to fund its operation. In cases where such a district is created, there is still a requirement for participating "client" public safety entities to be afforded some level of operational oversight. Such a district could also be created in such a way that it allows the special district to handle a variety of other public safety functions beyond emergency communications including: • Regional EMS services • Regional fire services • Regional law enforcement services • The bundling of technical public-safety services, like the processing of DUI arrests, booking of arrestees, transportation of arrestees from police stations to the county jail facility(s) • Central records management • Aggregated fire inspection services • Evidence technician functions • Information technology support • IT integration hub • Homeland security functions Such a district could utilize non-sworn, but specially trained persons to handle the technical or support services functions. In some ways, this option is a hybrid between the "contract for services" and "joint powers" options noted above, but it has broader authority to operate as an independent authority. Because it requires more preparation and development work, this approach would take longer to complete than the other methods and it creates a variety of political challenges at the outset. When there is interest in utilizing this approach, it is often helpful to begin with this solution in mind, using another method of governance as a conscious interim governance strategy. PSCAI/lance Inc., Copyright, 2005 6 2/Z4/OS ~~ Governance: A Briefing Paper Governance: Concluding Remarks Emergency communications can be effectively and reliably delivered by pursuing any one of the governance options noted. Further, there are combinations among the options noted above that could occur for different subsets of the participating study jurisdictions. Participants might also consider the LOGIS model. Our experience has shown that PSAP governance and funding are the two leading considerations in discussions of joint dispatch/PSAP consolidation and, once resolved, the other elements and issues can be addressed more directly. Governance: Next Steps The Policy Committee is being asked to consider the needs of the respective communities in the delivery of 9-1-1 call receipt and public safety dispatching and recommend the type of governance structure they believe is best suited for Dakota County's communities and agencies. This recommendation will be key to resolving the joint dispatch/PSAP consolidation question. The Policy Committee will meet to begin its discussion on governance on February 24th, 2005. The committee will be addressing cost sharing, funding, and other elements for the various methods of governance over the course of its work before making a recommendation. Staff will guide the process and facilitate closure. Prepared by: Russ Sinkler PSC Alliance Inc. Phone: 651-322-7711 Email: russ.sinkler@pscalliance.com PSCA//lance Inc., Copyright, 2005 7 2/24/05 ~~ Agenda Information Memo Mazch 8, 2005 Eagan Special City Council Meeting VIII. AGRICULTURAL ZONING DISCUSSION ACTION TO BE CONSIDERED: To discuss and provide direction to staff relative to agricultural preserves and green space preservation. FACTS: - At a workshop late in 2004, the City Council directed staff to review options associated with preserving agricultural zoned land. Staff understands there to be interest in considering additional options as tools for preserving property associated with the Eagan Core Greenway. - At that meeting, a reference was made to an Ag Preserve zoning in the City of Rosemount. Staff has reviewed and attached a copy of that portion of the Rosemount Zoning Ordinance. - Additionally, the City Attorney has provided a memo summarizing statutory information in the same regard. - Based upon the discussion at Tuesday's meeting and further clarification of the Council's expectations, it may be appropriate to research or develop additional information regarding other options for green space preservation, tax base impacts of the-options or other factors that would clarify the best strategies to accomplish the Council's purpose relative to green space preservation. ATTACHMENTS: City Attorney Memo, pages ~ through Rosemount Zoning Code - Ag Preserve section, pages through ~_ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147"; STREET APPLE VALLEY, MINNESOTA 55124-7580 (952)432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL schaapm@seversonsheldon.com MEMORANDUM TO: Mike Ridley, City Planner FROM: Michael G. Dougherty, City Attorney DATE: November 8, 2004 RE: Metropolitan Agricultural Preserves Program Our File No.: 206-4768 In response to your inquiry, this memo addresses the State's Ag Preserve Program. The Metropolitan Agricultural Preserves Act ("Act") addresses the Minnesota policy of encouraging the use of certain lands for the production of food and other agricultural products. Incident to these goals, the Act places limitations on agricultural land use in exchange for certain benefits designed to encourage landowners to enroll eligible lands enrolled in the program. Consistent with its goal of promoting agricultural production, the Act limits activities that may take place on agricultural land. In particular, the Act limits the use of agricultural land as follows: • -Only one residential structure permitted per each forty-acre parcel of agricultural land; • Commercial and industrial uses of agricultural land are not permitted, except as follows: o Small on-farm commercial or industrial operations normally associated with and important to farming in the agricultural preserve area; o Storage use of existing faun buildings that does not disrupt the integrity of the agricultural preserve; and o Small commercial use of existing farm buildings for trades not disruptive to the integrity of the agricultural preserve such as a carpentry shop, small scale mechanic shop, and similar activities that a farm operator might conduct. Under the Act, a landowner enrolling eligible lands as agricultural preserves also signs a covenant in which he/she agrees to put the property to agricultural use. The City may wish to incorporate the characteristics of this covenant. Generally, a landowner covenants that land enrolled in the preserve program will be kept in "agricultural use." The Act provides that "agricultural use" includes production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticulture or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use under the Act are also deemed to be in "agricultural use." By including similar language in the "A" zoning designation, the City may adopt the spirit of the "agricultural use" restrictions. The Ag Preserve Program is not a limit on the City's regulatory powers in the area of zoning for preservation or open areas. The City may create a preservation district and define its attributes and characteristics. Any property owner may then request the rezoning of their property to such district. If deemed suitable, such district could serve as an overlay district, in which the owner wishes to place the property for twenty, thirty or other term of years. Any district created to preserve the natural environment should conform to the Comp. Plan. As I have mentioned before, if the City is interested in pursuing a greenway corridor, the Comp. Plan should be modified to layout the vision and goals of the City. MGD/MJS b. Accessory Structure :........................................................ 75 feet 6.2: AGP AGRICULTURAL PRESERVE DISTRICT: A. Purpose and Intent: This District is expressly.established to allow land owners to comply with the requirements of the Metropolitan Area Agricultural Preserves Act, Minnesota Statutes, chapter 473H. B. Permitted Uses: 1. Agriculture, including accessory and related uses. 2. Commercial Livestock, Forbearing Animals, and Fowl; Dairy Farming; and Commercial Horse Stables provided; a. The site shall not be less than twenty (20) acres in size; b. All structures shall be located a minimum of seventy-five (75) feet from all residential property lines. 3. Essential Service Facilities. 4. Keeping of Horses, provided: a. The site shall not be less than five (5) acres in size. b. All structures shall be located a minimum of seventy-five (75) feet from all residential property lines. c. The maximum number of horses shall not exceed one per two (2) acres. 5. Single-Family Detached Dwellings, subject to Section 4.15 of this Ordinance. C. Accessory Uses: 1. Agricultural Product Stands. 2. Gazebos and Screened Porches. 3. Home Occupations, subject to Section 4.16 of this Ordinance. 4. Private Detached Garages. 42 City of Rosemount SS 5. Private Outdoor Recreation, customarily associated with a residence. Swimming pools shall be subject to Section 5-3-1 of the Rosemount City Code. 6. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance. 7. Roomers, a maximum of two (2) per dwelling unit. S. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance. D. Conditional Uses: 1. Transmission Facilities greater than one-fourth (3) mile in length. 2. Public Parks, owned and operated by a governmental unit, including recreational facilities and structures consistent with the public area. E. Uses Permitted by PUD: 1. None. F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations): .........40 acres ' 1. Minimum Lot Area:..... ................ 2. Minimum Lot Width: ........................................................ 300 feet 3. Minimum Front Yard Setback: a. Principal Structure :.......................................................... 50 feet b. Accessory Structure :........................................................ 50 feet c. Surface Parking, excluding driveways :........................... 50 feet 4. Minimum Side Yard Setback: a. Principal Structure :.......................................................... 30 feet b. Accessory Structure :........................................................ 30 feet c. Surface Parking, excluding driveways :............................. 5 feet 43 City of Rosemount J ~' 5. Minimum Rear Yard Setback: a. Principal Structure :.......................................................... 30 feet b. Accessory Structure :........................................................ 30 feet c. Surface Parking, excluding driveways :............................. 5 feet 6. Maximum Gross Density:. .......................1 dwelling unit/40 acres 7. Maximum Building Height: a. Principal Structure :................................. b. Accessory Structure :............................... 6.3: RR RURAL RESIDENTIAL DISTRICT: ................. 50 feet ................ 75 feet A. Purpose and Intent: It is the purpose of this District to provide for a large lot rural residential lifestyle which is separate from and not in conflict with commercial agricultural activities. Within these districts, public sewer and water systems are not available and on-site systems shall meet the City=s minimum requirements. B. Permitted Uses: 1. Commercial Horse Stables, provided: a. Lot is not less than twenty (20) acres; b. All structures shall be located a minimum of seventy-five (75) feet from all residential property lines. 2. Essential Service Facilities except electrical substations and switching substations. 3. Keeping of Horses, provided: a. The site shall not be less than five (5) acres in size. b. All structures shall be located a minimum of seventy-five (75) feet from all residential property lines. 44 City of Rosemount S'? Agenda Information Memo March 8, 2005 Eagan City Council Workshop IX. CEDAR GROVE REDEVELOPMENT AREA DISCUSSION DIRECTION TO BE CONSIDERED: To receive an update regarding the Cedar Grove Redevelopment Project, including the status of development plans for the Schafer Richardson-Ryland development group and the updated communications activities. FACTS: • As part of the ongoing communication regarding the Cedar Grove Redevelopment project, updates have been provided as part of the Administrative Agenda at each Council meeting. Time is also being set aside on Workshop agendas for the same purpose. • Because of the length of this meeting agenda, staff is only providing an updated map which overlays the concept plan on the current properties and an accomplishments update. • Staff and a representative of the development team will be available to respond to questions at the meeting. ATTACHMENTS: • Refined conceptual redevelopment plan overlaid on the current properties enclosed without page number. • Project Accomplishments to Date and Timeline on page ~~ Cedar Grove Redevelopment Timeline Based on 2004 RFP Schedule Updated March 2005 1. Affirm development goals - Fa112003 2. Prepare/affirm development concept (design standards and uses) -Winter 2004 3. Pre-market development concept -Spring 2004 4. Re-affirm goals and development concept -Spring 2004 5. Develop phasing plan for redevelopment (with Master Developer) - TBD 6. Prepare RFP -Spring 2004 7. Identify target developers -Spring 2004 8. Review/analyze development proposals -Summer 2004 9. Prepare developer analysis -Summer 2004 10. City CounciUEDA review of developer analysis and selection for interviews - Not applicable because only one proposal was received. 11. Interview and select developer -August 2004 12. Preliminary development phase -Beginning November 2004 1. Approve redevelopment concept plan -January 2005 • Reactivate Communications Plan including neighborhood/business open houses -January/February 2005 2. Refine development and phasing program -January 2005 3. Define development agreement issues -January 2005 4. Refine financial feasibility - In Progress 5. Affirm marketability-Ongoing 13. Draft final agreement for City Council consideration - In Progress -Goal April 2005 14. Final development phases -Each development phase will require the same steps. 1. Secure financing 2. Secure land use/regulatory approvals 3. Secure land 15. Initiate Construction Agenda Information Memo March 8, 2005 Eagan Special City Council Meeting X. REVIEW 2005-2006 CITY COUNCIL GOALS AND WORK PROGRAM ACTIONS TO BE CONSIDERED: No formal action is required. The following update is provided for the Council's information. FACTS: - Per the request of the Council at the January 20-21 Goals Retreat, an update on the Council's goals and work directives will be provided at the first workshop of each month. - In addition to keeping the Council up to date on the progress being made on each of the goals and directives, the purpose of the monthly Goals/Work Directives is also to provide an opportunity for the Council to discuss or inquire about any of the specific items. - Also included with the Goals and Work Directive update is a memo from the City Administrator that highlights that upcoming Council workshop items, most of which require additional review by City staff and/or advisory commissions before being brought back to the Council. The fixture workshop items are included for informational purposes only. ATTACHMENTS: - Enclosed on pages ~ through is a status update on the 2005-2006 Council Goals and Work Directives. - Enclosed on page is a memo from the City Administrator regarding upcoming Council workshop items. W ~ j •° Y ~ z ~ ~ v U O o ~ b ~ ~ O ~ O ~ c~ ~ O ~ r. O W ~ ~ _~ U _ S"-+ O ~.., ~ ~ ~ ~ O O .b ~ O ~ ~ ~ cn Q, ~ . N ~ ~ ~ U ~ ~ O ~ ~ ~ .d O 'd ~ ~ r /~ V C/1 +~-i ` O cd Qi b"' ~ d ti N ~ c w ~ ~~ o ~ 3-d 3 ~ cG ~ "" ' O O V O y cd cn ~--~ ~ .b p ~"' N U ~ ~ O Q.. v .b ~ b O ~ ~ cd ~ U ° O `~-+ ~ ~ U z o 0 z w ~ •~ arx O , d ~ a o r, ~ ~ o ,~ ~ Fri H ~ y ~ ~ M ~ ~3 ~ ~ N ~ ~ ~ ~ U C ~ ~ ~ ~ 'C • ~ O ~ ~ +~ f~ ~" ~ O O r+-i bD O O • R, ~ o ~ U ~ ~ ~+ C W ~ O U pq ~ W O .-. 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O ~ ~ ~ b ~ ~ O 'b ,C U ~ ~ ~ ~ ~ O ~ ,~ , ~ w U ~ a.,w ~ Q Qcn U ~ ~ v~U~c w ~ m aw° Q A ° City of Evan Memo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 1, 2005 SUBJECT: FUTURE WORK SESSIONS In addition to the 2005-2006 City Goals and Work Program updates that will appear on Special City Council workshop agendas in the future, there are items that are being worked on by City staff, per direction of the City Council, and will be scheduled for work sessions during the next several months. Those items are as follows, but not in any particular order: • Wetland replacement plans /late April • Funding Agreement -Lebanon Hills /April through June • Update Community Center Policies to be scheduled after preparation by P&R and a review by the subcommittee • Presentation by Mark Ulfers, CDA role and housing opportunities /late April • Tech Task Force realignment /not date specific • Transportation and 5-year CIP scheduled for the May 10 work session • Review installation of signs at temporary cul-de-sacs /not time sensitive • Community-wide survey topics / to be scheduled following a Communications Committee meeting • Interview Advisory Commission candidates /April 12 & 14 • Include Advisory Commissions at work session beginning late spring after the appointment process • Joint meeting with Historical Society • State of the County presentation • Discuss Cascade Bay repayment options /late spring -early summer after pool repairs have been made • Park Director interviews /special meetings -late spring • Temporary signs update • Presentation by MAC staff regarding New Runway /early spring Most of these items require additional staff and Advisory Commission work before they are ready for public policy /direction by the City Council and will be scheduled at the appropriate time in the near future. This list is no different than the list the City Administrator always maintains, and the items are tentatively scheduled to fit within the Council's regularly scheduled workshops. The future workshop items have been noted for informational purposes only. /s/Thomas L. 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'_• ,. - a i ~. a ..mvw. rr~n ~ v, ~. SPECIAL CITY COUNCIL MEETING MONDAY MARCH 14, 2005 5:30 P.M. EAGAN CITY HALL - EAGAN ROOM I. ROLL CALL & AGENDA ADOPTION II. VISITORS TO BE HEARD III. JOINT MEETING WITH THE APrC /UPDATE 2020 VISION PLAN IV. OTHER BUSINESS V. ADJOURN City of Ea~au Ncmo TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ADMII~TISTRATOR HEDGES DATE: MARCH 11, 2005 SUBJECT: MARCH 14, 2005 SPECIAL COUNCIL MEETING WITH APRC A Special City Council meeting is scheduled for Monday, March 14 at 5:30 p.m. in Eagan Room of Eagan City Hall. Given the regularly scheduled APrC meeting that evening, the special meeting of the City Council and the APrC will be completed by 6:30 p.m. A light dinner (sandwiches) will be provided for both the Council and APrC members. The purpose of the Special City Council meeting is to provide the Commission with the opportunity to update the City Council on the work that has been completed thus far on the 2020 Vision Plan. In short, the meeting is to serve as a check point for the Commission and the City Council. Additionally, the City's consultant on the Vision 2020 Plan plans to touch on some of the open space issues that are raised in the Plan. If time permits, the March 14 joint meeting of the Council and APrC may also be an opportunity for the Council to mention the discussion that took place at the March 8 Council workshop with regards to an agricultural preserve classification, given the connection that this issue has to the 2020 Vision Plan. If you have any questions about the March 14, 2005 Special City Council meeting, please contact the City Administrator. /s/ Thomas L. Hed es City Administrator