03/08/1994 - City Council SpecialAGENDA
SPECIAL CITY COUNCIL MEETING
Tuesday
March 8, 1994
5:00 p.m.
Eagan Municipal Center
I. ROLL CALL & ADOPTION OF AGENDA
II. FIRE RELIEF PENSION COMMITTEE
III. UPDATE SOUTH DODD ROAD AREA
W. DEVELOPMENT UPDATES
• Elementary School Site/T.H. 3
• Tax Credit Housing for Elderly
• Other
V. DISCUSSION RE: POLICY CONSIDERATION TO DESIGN
& CONSTRUCT ALL PUBLIC IMPROVEMENTS AS PUBLIC
CONTRACTS
VI. DISCUSSION RE: USE OF PCI INFORMATION FOR
PUBLIC IMPROVEMENTS
VII. UTILITY RATE INCREASE
VIII. CAPON' ART PARK /LAND ACQUISITION
IX. DIRECTION RE: MEDIATION/POLICE NEGOTIATIONS
X. OTHER BUSINESS
XI. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 4, 1994
SUBJECT: SPECIAL CITY COUNCIL MEETING /MARCH 8, 1994
At the last regular City Council meeting held on Monday, February 28, a Special City
Council meeting (workshop) was scheduled for Tuesday, March 8, at 5:00 p.m. to discuss a
variety of issues.
Fire Relief Pension Committee
Representatives of the Fire Relief Pension Committee have requested time to meet with the
City Council and present information relative to the Fire Relief Association's request to
increase the lump sum pension amount. This item has been discussed at previous work
se ions. For a copy of information previously distributed to the City Council, refer to pages
through /6
Update South Dodd Road Area
Director of Community Development Reichert and Director of Public Works Colbert have
been collaborating in an effort to address overall development options for the future
development of the South Dodd Road area. The impact of public improvements, special
assessments and types of development options will be presented for discussion and review
at the meeting on Tuesday. Dr. Fitz and his development consultant will more than likely
be present to observe the discussion.
Development Updates
Staff from the City of Eagan and Independent School District 196 have been meeting to
explore options for an elementary school site in the general area of Gun Club Road and
Haley's Addition. School Board members have received calls from constituents raising
concerns about siting an elementary school adjacent to railroad tracks and a gun club. Staff
of both the City and the school district have looked at other options and the result of that
discussion and review will be shared with the City Council as an update. The City has been
contacted by a developer who is proposing a tax credit housing project for the elderly at the
southwest quadrant of Pilot Knob Road and Lone Oak Road.
Community Development Director Reichert will provide some additional information on
both of these possible developments at the meeting on Tuesday.
Discussion Re: Policy Consideration to Design & Cnstruct All
Public Improvements as Public Contracts
At a Special City Council workshop held in November of 1993, the City Council raised a
public policy issue of whether the City should continue to offer a choice to developers as
to bow infrastructure is designed and financed. Currently, the City's policy allows
developers the choice to petition the City for the installation of utilities and streets as a
public improvement which allows the City's in -house and consulting staff to design the
system and to sell bonds for the financing of the improvements. The other choice is for the
developer to retain their own engineer of choice who designs the infrastructure system which
is then financed by the developer. At the November meeting, for a variety of reasons, it was
suggested by the City Council that the City change its policy to require public improvements
to be designed, installed and financed under a public contract. Some of the logic for a
change in the public policy discussed at the meeting has to do with the level of design
complexity of the City's utility and street system. By using the City's in -house or consulting
engineering staff, new construction will be designed in accordance with the City's utility and
street master plan. By financing the public improvements, the City has a better handle on
the contractor and the public bonding will ensure proper financing of the project.
At the request of the City Council, support information has been collected by the Director
of Public Works and is enclosed on pages / 2 through 42 for your review and
consideration.
Discussion Re: Use of PCI Information for Public Improvements
At a recent City Council meeting, there was a request that a general discussion be held at
a work session on how staff should present results of the pavement condition index (PCI)
to the City Council for future street reconstruction projects. PCI rankings generally consist
of 0-35 reconstruction required, 35 -55 suggests a patch /repair and /or overlay and finally, 55-
100 is considered routine requiring either crackseal or sealcoat. This discussion /update is
intended to provide staff and the City Council with a future understanding as to how PCI
data should be presented by staff and used by the City Council in the decision- making
process and whether further detail presentations /workshops would be beneficial in
understanding the full scope of engineering analysis for pavement management.
Utility Rate Increase
At the February 28 regular City Council meeting, the proposed water and sewer utility rate
increase was continued for further consideration and review by the City Council. Enclosed
and referenced as pages , through M is a memo prepared by the Director of Finance
that provides additional information and reasons for the proposed utility rate increase.
Caponi Art Park /Land Acquisition
Discussions have been ongoing regarding the future use of Remo Caponi's property, a seven
acre parcel located between the Lexington /Diffley athletic complex and the Caponi Art
Park. There have been meetings and telephone conversations the City Council has had with
Tony Caponi and Remo Caponi and, more recently at the workshop on February 28, a brief
discussion by the City Council and Director of Parks & Recreation about the proposed use
of the property. A public policy question, simply stated, is whether the City should acquire
the Remo Caponi property for 1) parkland to add to the City's present inventory of passive
parkland area or 2) to hold the property for a specified period of time and sell it to Mr.
Tony Caponi for a foundation to be added as a part of the Art Park holdings.
City Councilmembers asked that this item be placed on the work session agenda for further
discussion.
Direction Re: Mediation/Police Negotiations
Enclosed without page number is a memo prepared by the City Administrator and Assistant
to the City Administrator Duffy regarding a scheduled mediation session with the police
officers on Thursday, March 24. The City Administrator is seeking direction from the City
Council regarding the City's position to be presented at the mediation session. This item
is being placed last on the agenda and will be discussed absent press or anyone in
attendance. The City Council can adjourn and consider this item in executive session
recognizing that the presentation and discussion must be taped according to past practice.
Other Business
There are no other business items to be considered at this time with the exception of
scheduling a meeting date to consider the preliminary findings of the City's traffic
consultant, Strgar- Roscoe - Fausch, in regard to the ring road study. Staff is suggesting the
City Council meet on Tuesday, March 22, at approximately 5:00 p.m. to hear a presentation
and receive data from Strgar- Roscoe - Fausch regarding the ring road study in the general
area of Pilot Knob Road and Yankee Doodle Road. The consultants will present 1)
findings of current traffic capacity, 2) what additional capacity can be provided by certain
roadway improvements and transportation improvements and 3) data on projected traffic
generation if a total build -out occurs in those four (4) quadrants. The APC and EDC will
be receiving a similar presentation on Thursday, March 17.
/S/ Thomas L. Hedges
City Administrator
Eagan Fire Department Relief Association
DATE: March 4, 1994
TO: Tom Hedges, City Administrator
FROM: Mark Sportelli, EFD Pension Committee Chair
SUBJECT: 1994 FIRE DEPARTMENT PENSION
Thank you for arranging a meeting between the Fire Department Pension Committee and
the City Council on Tuesday, March 8, 1994. We will be available anytime during their
5:00 - 7:00 p.m. workshop.
Attached are copies of the previous two pension data submittals, in case you want to
make a complete package available to the Council.
Attachments
MS /tp
3795 Pilot Knob Road • Eagan, Minnesota 55122 • (612) 681 -4770
To: Tom Hedges, Eagan City Administrator
From: Hark Sportelli, EFD Relief Association
Date: February 7, 1994. .
Re: 1994 Pension Clangs Rationale
This note is in response to your mem "FIRE PENSION AMOUNTS /1994-
1996" dated 1/6/94. - We will.attempt ere to answer City Council -
concerns and also to request a meeti:}g with Council to address
any additional questions.
Regarding the council's request for an "addendum to specifically
state why the Relief Association feels an increase is necessary ",
we offer the following rationale:
1. An attractive pension plan is needed as an incentive to
recruit and retain volunteer firefighters. We believe that
it is cost effective to maintain a volunteer Fire
Department, and we want to insure that we have the personnel
to accomplish that. There are many reasons why it's -
becoming more difficult to attract. volunteers, including •
increased dangers (e.g., increased exposure to hazardous
materials, bloodborne pathogens, and other health hazards)
and increased time commitments (eg., additional State -
required training for EMS and HAZMAT). The "demise of the
one -earner family" resulting in both spouses working affords
less time for volunteerism.
2. We believe that the work commitment of the volunteer
firefighters in and of itself warrants our proposed pension
increase. Our previous DETAILED FACT SHEET enumerated the
many fire activities the Eagan firefighters are involved in,
including building and equipment maintenance, training,
purchasing, and administrative. Not to mention the primary _
firs activities of Fire Prevention and Fire Suppression.
3. Basically, we believe that the proposed increase to $3500
will not accomplish our goal of a fair and equitable pension
plan. There has been no pension increase since 1/1/91,
three years ago. An increase from $3375 to $3500 would
represent an increase of about 1% per year. Furthermore,
the current City funding level is currently $104,000 per
year. A funding level of $3500 would require annual City
funding of only $59,000. Certainly a savings for the City -
but is it the Council's intent to reduce pension funding?
Incidentally, the fire pay scale (for fire calls and
officers' pay) has not changed for the past 4 years. The
fire pay budgets for those years have been:
1993 $270,000
1992 264,000
1991 . 273,000
_1990 260,000
As you can see, the total compensation plan has been
stagnant for the last few years and is in desperate need of
updating.
Another concern we believe the Council has is regarding special
State pension legislation for Eagan. It appears that Council
fears that some kind of stigma may be attached to a City seeking
special legislation. We are unsure of the basis for this concern
but will attempt to address it as follows: We contacted Jim
Gelbmann (297 -3675) of the State Auditor's office and asked him
whether special legislation by a City triggers his.office in any
way. Nis response was that his office merely performs statute
oversight to insure State law compliance. He said he would be no
more or less zealous in his activities regardless of whether a
community sought special pension legislation.
An additional contact was made through MARAC with State Senator
Enickerbocker (member of the pension committee). His feeling was
that, even though Eagan had requested special legislation last
year, that fact would have no bearing on future legislation
requests. His committee is chartered to react to each .
problem /request as they occur. They deal with such problems as
they occur, on a case by case basis. He saw no problem with
Eagan requesting special pension legislation during the 1994
session.
We tried to keep this memo brief and to the point. Difficult to
do with so much to say. We think a better forum for answering
Council's concerns would be a meeting with Council or a few of
its members. We believe such constructive dialog would more
expeditiously settle the pension issue. Please forward this data
to Council, and if at all possible, please arrange a meeting
between Council representatives and the EFD pension committee.
CC: Dale Nelson, EFD Chief
sAwpdees\t asApiea4.l4
6
Eagan Fire Department Relief Association
To: Tom Hedges, Eagan City Administrator
From: Mark Sportelli, EFD Relief Association
Date: December 30, 1993
Re: Proposed 1994 Pension Changes
This briefing package is in response to the Eagan Council's
stated desire for:
. supporting data
. no pension 'funding increase for 1994
The supporting data can be found in the following attachments:
• 1. Proposed Benefit Changes - giving both the benefit
changes and their respective costs
2. OVERVIEW FACT SHEET - overview of FD activities
3. DETAILED FACT SHEET - detailed FD activities
4. FIRE DEPARTMENT PENSION SURVEY - giving comparative
statistics for other Metro fire departments
5. EXECUTIVE SUMMARY OF NEWSWEEK ARTICLE
6. NEWSWEEK ARTICLE
The desire for no pension funding increase for 1994 is
consistent with our request for the new pension schedule to begin
on 1/1/94. It has always been the case, in the past, that the
year of the pension change is the year that the budget request is
first made for that pension change (whose funds are then actually
received in the following year). So, the scenario would be:
. .new pension goes into effect 1/1/94
. funding request for that pension schedule is made in 7/94
. funds received for that funding request are in 1995
The cause for confusion this year was that the FD was attempting
to get the funding for the pension change started 1 year early,
in order to retire the unfunded liability earlier. But under the
law, that's not really required.
CC: Dale Nelson, EFD Chief
c:\Mpdocs\tlood \p.n3.94
3795 Pilot Knob Road • Eagan, Minnesota 55122 • (612) 681 -4770
Eagan Fire Department Relief Association
Proposed Benefit Changes
December 30, 1993
A. Benefit changes - to be effective as of 1/1/94.
Item 1: Monthly pension to change from $22.50 /month per
year of service to $28.17 /month per year of
service. Optional lump sum benefit to change from
$3375 per year of service to $4225 per year of
service.
Item 2: For members choosing the optional lump sum pension
benefit, pay for partial years of service (whole
months). Currently, only whole years of service
are considered.
Item 3: Add a death benefit for active members with less
than 5 years of service, according to:
1 year but less than 2: pay $4225 times 1 times 24% _ $1,014
2 years but less than 3: pay $4225 times 2 times 28% = 2,366
3 years but less than 4: pay $4225 times 3 times 32% = 4,056
4 years but less than 5: pay $4225 times 4 times 36% = 6,084
B. Costs of benefit changes - funding of new benefit level to
begin in 1995.
Item 1: $20,757 per year, calculated as follows -
Annual pension contribution for 1995 $240,070
Plus administrative costs 8,500
Less State aid for 1995 - 123,407
Less City pension and admin. costs for 1994 - 104,406
Total difference between 1994 and 1995 20,757
Item 2: $9,048 per year.
Item 3: $99 per year.
3795 Pilot Knob Road • Eagan, Minnesota 55122 • (612) 681.4770
C. Methodology (basis of funding estimates)
The benefit costs were obtained via acturial survey
(from The Wyatt Company). The normal process, as used
here, of transitioning into a benefit change, is to
authorize the benefit change to begin in one year, and
then begin the funding for that change the next year.
The data provided to the actuary included:
. personnel as of 12/31/93 (service dates and ages)
. vested retirees
. fund assets as of 12/31/93 ($1,917,213)
. pension and death benefit schedules
The number of active firefighters as of 12/31/93 is 91.
The number of firefighters for the previous 4 years
was:
. 1992: 98 firefighters
. 1991: 98
. 1990: 97
. 1989: 99
D. Summary
The total cost to the City of the three benefit changes is
$29,904 per year.
The last benefit changes were made 3 years ago, in 1991.
The changes proposed here are understood to be effective for
the next 3 years (1994 - 1996).
The monthly benefit change to $28.17 is permitted by current
State law and no special legislation is needed for this
benefit change. Special legislation would have to be
obtained to accommodate the lump sum benefit increase beyond
$3500 /year of service.
The plan is to implement City- approved changes as of 1/1/94,
but not to exceed current State maximums. Then, later, if
special legislation is obtained, the City- approved lump sum
benefit change would be implemented.
The Pension Committee, chaired by Mark Sportelli, will be
available to meet with you at your earliest convenience to
discuss this proposal. Mark's home telephone number is.452-
5253.
e:\wpdoes \flood\psn.94
Mark Sportelli, President
Eagan Fire Department Relief Association
9
OVERVIEW FACT SHEET
for the Eagan Fire Department
a volunteer organization serving the City of Eagan
compiled 12 -30-93
E!' 5-year average of 538 emergency Fire Department calls per year
Cr7' 5-year average of 36,000 work hours per year
®' Current staff of 91 volunteer firefighters and officers
Er City of Eagan population at 51,225
Er Firefighter training programs (apprentice firefighters, firefighters, officers)
B Fire Prevention activities (numerous organized programs)
G7' Supporting organizations (Auxiliary, Fire Explorers, retirees, mutual aid)
®' Maintenance activities (stations, trucks, property, systems)
Et' Administrative meetings (regular meetings of officers, boards, committees)
B' Purchasing activities (research, pricing, purchasing)
®' Unusual personal sacrifices (health and property hazards)
®' Economics (all volunteer)
CONCLUSION: The firefighter pension is an important tool that the City of Eagan uses
to maintain an appropriate staff of volunteer firefighters.
c \wpdocAflood \rel.7
STATISTICS:
1. 5 -year average of 538 emergency Fire Department calls per year. Fires by time of
day are for the past 5 years are:
Time # Calls
0000 -0159 149
0200 -0359 90
0400 -0559 86
0600 -0759 150
0800 -0959 167
1000 -1159 265
1200 -1359 276
1400 -1559 311
1600 -1759 336
1800 -1959 387
2000 -2159 287
2200 -2359 193
2. 5 -year average of 36,000 work hours per year (for calls, training, fire prevention,
maintenance, administrative).
3. Current staff of 91 volunteer firefighters and officers plus clerical staff of 2
secretaries (one full-time, one half-time).
4. City of Eagan population at 51,225—projected to be at 63,500 by the year 2000.
Coverage is for 35 square miles.
MISCELLANEOUS DETAILS:
DETAILED FACT SHEET
for the Eagan Fire Department
a volunteer organization serving the City of Eagan
compiled 12 -30-93
1. Firefighter Training Programs:
• Rookies: 42 classes of 2 -3 hours duration, consisting of:
20 classes in firefighter training
14 classes in 1st responder (medical) training
8 classes in truck driving and pump operation
• All officers: monthly officer training classes (2 hours each)
• All firefighters: weekly firefighting /medical /Hazmat training classes (2 hours
each)
• Special schools: Minnesota sectional schools and state schools, vocational
schools, National Fire Academy, other out -of- city /state schools
• Training conferences and conventions
1/
2. Fire Prevention Activities:
• Annual fire prevention week (school and fire station programs)
• "Learn Not To Burn" program for schools
• Fire prevention training for senior citizens in high rises
• Fire extinguisher classes for commercial /industry
• Neighborhood Fire Safety Watch training
• Fire prevention training for children in day care
• Fire prevention training for Lewis House clients
• Safety camp, 2nd year in 1993
• Fund raising for fire safety house (children's fire safety training)
• Fire prevention demonstrations at 4th of July celebration
• Public relations (parades, newspaper articles, annual dance, etc)
3. Supporting Organizations:
• Auxiliary group (various community services such as babysitting clinics on
safety, donations to Community Action Council, 911 stickers for Eagan
Telephone Directory, annual Christmas party for firefighters /police /Lewis
House children, donations to American Cancer Society; firefighting assistance
such as food preparation at fires)
• Fire Explorers group (trained in firefighting by Eagan firefighters; assist at
emergency calls, safety camps, health faires, etc.)
• EFD Retirees group (maintain maps, assist at emergency calls, etc.)
• Mutual Aid with neighboring fire departments
4. Maintenance Activities:
• Station maintenance (regular maintenance of stations and related property,
remodeling, etc.)
• Truck maintenance (regular weekly maintenance, special projects, etc.)
• Property maintenance (truck and personnel gear maintenance and
replacement program)
• Systems maintenance (maintain currency of street maps, sectional maps, and
preplans)
• SCBA maintenance (maintain operation and repair of SURVIVAIRs)
S. Administrative meetings:
• Officers' business meetings (bimonthly)
• Executive Board meetings (twice monthly)
• Review Board meetings (quarterly)
• General meetings (every two months)
• Committee meetings (bylaws, SOP, truck replacement, stations, automation,
chiefs, pay, training, election process)
• Relief Association meetings (bylaws, committees, financial seminars)
6. Purchasing Activities (research /pricing /purchasing):
• Trucks
Supplies
• Firefighting personnel gear
• Tools and Equipment
7. Unusual Personal Sacrifices:
• Health hazards (risks to personal health) — communicable diseases such as
HIV, Hepatitis (and other such bloodborne pathogens), TB; chronic diseases
such as cancer, pulmonary problems. In the past two years, Eagan firefighters
have responded to 148 "heavy" rescue calls involving extrication of victims,
normally with multi - trauma, and normally with exposure to bodily fluids.
• Family disruptions (emergency calls at all hours, baby sitting problems)
• Job disruptions (attend work after all night fire)
• Personal material loss (damage to clothing and personal automobile usage)
• Injury hazards —In the last two years, Eagan firefighters have experienced a
total of 1,068 days of "light duty" (time they could not respond to fire calls
due to injuries incurred in the line of duty on the Eagan Fire Department).
Types of injuries included:
lower back injury
injuries to hands and feet
respiratory distress (natural gas, ammonia)
neck injury
knee injury
heat exhaustion
Hazardous Materials (HAZMAT) dangers—in the past two years, Eagan
firefighters have answered 80 HAZMAT calls, consisting of:
42 vapor gas leaks (eg., LP, propane)
24 fuel spills
10 chemical fires
4 hazardous material spills (eg., amonia, chorline, etc)
ECONOMICS:
The City of Eagan has chosen to retain and encourage a fully volunteer firefighter staff.
The cost benefit to the City of such an organization is overwhelming. With firefighter
applications decreasing each year, the challenge to the City is to maintain firefighter
benefits that will continue to attract volunteers. Demographic, social and other changes
need to be accommodated:
• With the increase in hazardous materials, firefighting is becoming even more
dangerous as an occupation.
• Time demands upon firefighters are increasing (due to population and
industry growth, increased OSHA requirements for training, etc.)
• Attitudes of generations change. More people become "me" oriented and are
less likely to volunteer.
The firefighter pension is an important tool that the City of Eagan uses to maintain an
appropriate staff of volunteer firefighters. c‘wpdocs‘ flood \rc,.G
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FIRE DEPARTMENT PENSION SURVEY DA'TED 12/30/93
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FIRE DEPARTMENT PENSION SURVEY DA'TED 12/30/93
EXECUTIVE SUMMARY OF DECEMBER 13, 1993 NEWSWEEK ARTICLE ON
VOLUNTEER FIREFIGHTERS
. national problem - "not enough volunteer firemen around
anymore"
. increased responsibilities - more fires, training
. economics - "demise of one - earner family - average guy is
working two jobs, and his wife is working too"
. loss of community spirit - "people have forgotten they
belong to a community"
"Society has really changed, and pressure is growing on those who
are left" says Robert McKeon, chairman of the National Volunteer
Fire Council.
c:\Mpdoes \flood\ssl.$
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1
Fighting Fire With ...What?
Alarms: The ranks of volunteer companies have
shrunk, leaving communities poorly protected
A up
REYD1 AL LT " CLEAN - night" at the South
PLiafiel1d. NJ., volunteer
firehouse was bustling and
noisy*: firefighters swabbed
down concrete floors. yelled to
each over the roar of diesel en-
gines. clambered over trucks to
check equipment. Wben the
work was done. there was a sud-
den quiet as the motors were
shut down. Then came the part
that gets shorterall the time: roll
call. The outfit's normal 65-
member roster recently phmn-
meted to 42. many of whom are
too busy for the weekly drill.
South Plainfield is typical of
a national problem there may
not be enough volunteer fire-
men around anymore. Volun-
teers' ranks nationally have
dipped at least LS percent in the
last decade, to about 800,000.
while their responsibilities have
grown. Paid professionals are
not replacing enough of them.
and volunteers —still three out
of four U.S. firefighters —must
protect 60 percent of the pop-
ulation. "Society has really
changed and pressure is grow-
ing on those who are left," say, s
Robert (Red) McKeon. chair-
man of the National Volunteer
Fire Coumd.
time South h housing � Monde
and the demise of the one - earner family.
The average young guy is working two
jobs, and his wife is worldng, too." says
Joseph Abbruzzese, South Plainfield's dep-
uty chief. "If they give time, it's for Little
League—otherwise they'll never see their
kids." Also, fewer residents work for local
mom -and -pop businesses, where folks
were once expected to drop everything for
an alarm. Instead. they commute to far-
away towns car work for big companies.
which often discourage employees from
disrupting the day by going to fires.
In any places, the problem may run
deeper than time and money. Once -small
towns have sprawled into shapeless sub-
urbs whose boundaries are just a line on a
map. and where residents feel that home
terminates with the front lawn. "People
have forgotten they belong to a communi-
730 NEWSWEEK DECEMBER ;. i.\>.;
mends: Cotone (center) and South Plainfield fi
tv . ' says fire marshal Robert Bettenhausen
of Tinley Park. Ill.. just .rest of Chicago.
which has grown twentyfold since he first
joined the local fire company 41 years ago.
Beth '.veveL until recently administrative
fire chief of fast - growing Hillsborough
County. Fla.. says most people moving into
new subdivisions from big cities 'don't
even know we have a volunteer fire depart-
ment — they think fire protection is covered
by taxes."
The volunteers face more demands all
the time. Hoses that used to be handled by
four or Ere firefighters now are wrestled
into burning houses by two. Training re-
quirements have gone from zero to as
much as 200 initial hours in some areas.
This is because environmental. traffic and
worker- safety agencies have added regula-
tions on everything from truck driver li-
censes to how to clean up gasoline spills.
Many volunteers must now be prepared for
accidents involving hazardous materials —
South Plainfield has become home to chem-
ical suppliers. a pesticide factory and a
maker of nuclear isotopes. And the number
of calls rises each year. with the increasing
number of factories and growing traffic on
highways that run through
town. "Sometimes you're ex-
hausted —you just do the best
you can." says Floyd Bosse. a
3oagtime South Plainfield vol-
unteer who runs a service sta-
tion seven days a week to sup-
port his six kids.
Macho pursuit: Some towns
have had to come up with new
ways to recruit and keep volun-
teers. More are accepting those
who don't want to fight fires but
who can maintain machinery or
answer phones. Some have
hired a few paid firefighters to
help cover weekday working
hours. Others have started gr
ing small pensions to vain,
teers who stay in for the long
haul, or token payments of 32
or 33 per call. The affluent
New York City suburb of Dobbs
Ferry even opened a low -cost
housing deve last year
for its volunteers, so they could
afford to live in town.
Fire companies maybe partly
to blame for their own thin
ranks. While volunteer fire-
men often do not fit the blue-
collar stereotype, a startling 98
percent are white males. "Worn -
en en are excluded because it's a
macho pursuit. And a lot of
minorities undoubtedly feel
uncomfortable applying." says
refighters John Buchman, chief of the Ger-
man Township (Ind.) Fire De-
partment. South Plainfield. for instance.
has one female member and one black man.
an under—I8 'junior" member. Argues
Buckman: "It's our job to go to them and tell
them they're welcome and valued."
So far. no one in South Plainfield has
died or lost a home because too few volun-
teers showed up at a fire. When the ranks
are thin. says chief John Cotone. be has "art
shame" about dialing up mutual aid f
the neighboring Newmarket volunteer i.w-
partment. or even begging help from the
paid firefighters in nearby Plainfield —if
they are available. The problem. says New-
market chief Nick Lombardi. is that he has
lost 20 percent of his own members in the
last year: now he must ask for help as often
as he gives it. What will happen if. some-
day. they give a fire and nobody comes?
Krvi, ■ KIIAIICKin South Plainf�eld
Ntltl 4A.. » rtK \ t: \t.W
MEMO TO: MAYOR & CITY COUNCIL
THOMAS L HEDGES, CITY ADMINISTRATOR
FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: FEBRUARY 3, 1989
SUBJECT: PROPOSED POLICY FOR THE DESIGN AND INSTALLATION OF PUBLIC
INFRASTRUCTURE FACILITIES
I would like to present for your consideration the attached Policy and related
Procedures and Guidelines for the design and installation of public
infrastructure facilities that will be owned, maintained and operated by the
City in perpetuity on behalf of the citizens of our community. The following
summary may be helpful in understanding the purpose of bringing this issue to
your attention for formal consideration.
HISTORY
It is my understanding that from the early beginnings of Eagan until 1983, all
public infrastructure facilities were designed and constructed by the City of
Eagan with the assistance of the consulting engineering firm of Bonestroo,
Rosene, Anderlik & Associates, Inc. In the fall of 1978, the City hired the
first full -time city engineer to manage, direct and coordinate the development
of the community as it pertains to the public works and engineering related
responsibilities.
With the accelerated growth that the City was experiencing in the late '70's
and early '80's, the available City staff (2 -3 people) and the lone consulting
engineering firm (BRAA) could not keep up with the demand for development
occurring at that time. Subsequently, in approximately 1983, three
alternatives were explored to address the need to manage this technical growth
of the City: add extensive additional City staff to perform the additional
engineering services in- house; to expand the number of consulting engineering
firms allowed to provide professional services to the City; restrict /control
the rate of growth to what could be handled by available resources; or to
allow developers to perform and provide the technical engineering related
services on a private basis to be turned over to the City at a later date.
From 1983 to 1988, the attached Exhibit "A" shows the listing of approximately
37 different private consulting engineering firms who performed work in the
City of Eagan on public infrastructure facilities. Exhibit "B" is a listing
of 61 developers who have processed development applications through the City
during 1987 and 1988.
In March of 1988, the Council authorized the expansion of our consulting
engineering services to incorporate three professional firms to provide
technical expertise or additional manpower resources as necessary to handle
the continued accelerated rate of growth in the community. The three
consulting firms selected consisted of Bonestroo, Rosene, Anderlik &
Associates (BRAG), Orr- Schelen- Mayeron & Associates (OSM) and Short- Elliott-
Hendrickson & Associates (SEH).
ISSUES
During this period of the private design policy, the City was relegated to a
review status of the detailed plans and specifications being performed
privately by numerous engineering firms hired by the developer. Most
/
7
Page 2
recently, the City has been experiencing problems with the public
infrastructure facilities that were designed and installed privately by
developers at various locations throughout the community. In correcting
several of these problems, the affected developers have expressed reluctance
in participating in the corrective work due to their contention that it is the
City's facility and subsequently the City's responsibility. Even though
certain design deficiencies had been identified, the developer's contention
was that the City "approved" the plans that were prepared and submitted by the
developer or his engineer. Legal costs to obtain the developer's
participation are rapidly increasing, sometimes beyond the contribution the
City hopes to retrieve.
The new residents of our community expressed objections at having to
participate in corrective work that should have been designed properly. The
City's proposed contributions to corrective work will require financing out of
general funds requiring the entire community to participate in this additional
work.
Although the City does have the opportunity for review and approval, the
requirement to correct detailed plans submitted by private engineers has been
met with great reluctance and challenges to our requirements by the developer
and /or his engineer. This resistance is possibly attributable to the "pride
and ownership" by the private engineer. The number of meetings and time
delays that resulted from these arguments caused great consternation to the
development community who subsequently blamed the City for holding up their
process in not processing their plans in a timely manner. In trying to
accommodate the development community and speed up the processing of these
plans, certain errors or omissions were not identified during the review
process. Those that were subsequently discovered during the construction
phase were objected to by the developer under the contention that the City had
previously "approved" those plans and that the developer could not accommodate
any changes resulting in additional costs due to financial commitments made to
others.
As a result, the working relationship and end product of development in the
City was degenerating. Private engineering firms were critical of our review
process, developers were critical of subsequent delays and future residents
were critical of being left with the problems. Subsequently, the staff firmly
believes that these issues can be greatly minimized by consolidating the
design process to a manageable number of consulting firms under the direct
control of the professional staff hired by the City to guide the technical
development of our community. Due to the complexity and number of various
comprehensive plans (sanitary sewer, water, storm sewer flood management,
water quality management, _land use plan, transportation plan, and City Codes)
along with the continuous revision and updating of engineering standards,
procedures and personnel, it is not possible to educate an unlimited number of
private engineering firms to ensure that they are all kept abreast with the
most current standards, guidelines and procedures.
ACTION
In a continuing effort to promote and nurture a strong working relationship
between the City and the developing community, this proposal was processed
through the Developers Task Force at six different meetings incorporating
appoximately 18 hours of discussion and review. The primary objection
/jSd
Page 3
pertains to the perceived notion of government encroaching into private
enterprise. However, staff has explained, on the contrary, it is not an
encroachment into private enterprise when it is the public's responsibility to
design, construct, operate and maintain a public infrastructure facility in a
manner to ensure the health, safety and welfare of the community at large. It
should be remembered that the subject pertains to the City's facilities and
not a private enterprise system.
The Task Force also expressed concern about potential loss of creativity for
the development of land in the City of Eagan. This was responded with the
assurance that the developer would still be working directly with his private
engineer to design any unique layout and grading plan for his particular
development proposal and that the City would only perform the detailed design
for the public infrastructure facilities to be installed within or providing
service to that particular subdivision. Concerns of accountability were
responded with the assurance that the City would be responsive to their
concerns as we have in the past and are currently doing by reviewing this
proposed policy prior to adoption.
1 detailed Project Options Flow Chart was prepared showing the complexity and
innerrelationship of the various different processes associated with the
development of land and the installation of facilities within the community.
This helped to identify the different responsibilities of performance and the
related time frames for various tasks (see Exhibit "C ").
The other concern pertained to potential duplication of engineering costs.
With the City's proposal that engineering fees be paid on an hourly basis, the
City's engineer will make use of the information provided by the developer and
will be paid for only additional work that has to be performed to complete the
technical design process.
The other major concern was the City's ability to perform within the
developer's desired time table based on the work volume resulting from this
policy. The City Council could provide the assurance that if additional
manpower is necessary, additional consulting engineering firms could be added
to the present consultant pool.
1 random survey of other developing suburban communities show that this
proposed policy is not unique and that a public versus private policy is
generally left to the discretion of the individual community as to what works
best for them. Exhibit "D" shows the reaults of this survey of other
communities.
POLICY
1s a result of this research, analysis and discussion with the development
community, the policy, procedures and guidelines pertaining to the design
of public infrastructure facilities is attached to this report. Please note
that this policy requires that only the design, construction staking and
inspection services be provided by City authorized personnel. The developer
still retains the option to select and hire his own contractor to perform the
actual construction in accordance with the plans and specifications designed
by the City. 1 final review of this policy will be performed by the
Developers Task Force on the afternoon of February 7 with additional
discussion and comments being provided at the Council meeting that evening.
/9..,
Page 4
If any additional information, research or analysis would be beneficial in
helping to address this issue, please let me know and I will be happy to
respond accordingly. Your formal consideration of this proposed policy will
be greatly appreciated by the City staff as well as the existing and future
residents of our community in helping to promote quality development.
irector of Public Works
TAC /jj
Attachments
cc: Dale C. Runkle, Director of Community Development
Gene VanOverbeke, Director of Finance
Mike Foertsch, Assistant City Engineer
a 0
EXHIBIT "A"
CONSULTING ENGINEERS
IN EAGAN
101
1. Pioneer Hammel, Green & Abrahamson (EGA)
Suburban 20. Thene & Assoc.
J.R. Hill Associated Surveyors & Engineers
Probe Temple
5. Ulteig Brown & Assoc.
McCombs, Frank & Roos Sunde Engineering
CCST 25. Midwest Engineering
Hedlund Sathre- Bergquist
Bennet, Ringrose, Wolsfeld (BRW) Hanging, Inc.
10. Orr, Schelen, Mayeron (OSM) Brandt
Short, Elliott, Hendrickson (SEH) Winden & Assoc.
Bonestroo, Rosene, 30. Kruger
lnderlik (BRAA)
Meadowwood, Inc. Sohoell & Madsen
Merilla Henningson, Durham,
Richardson (HDR)
15. Duane C. Olson C. Dahlgren & Assoc.
Tri -Land Houston & Assoc.
Opus 35. Hansen, Thorpe, Pellinen,
Olson (HTPO)
Progress Westwood
Aokerberg
a i
1. Hew Horizon Homes, Inc.
Barstad Companies
Mark Remick
Opus Corp /Alaeor Investors
5. Robert Sehlangen
Buttner Construction, Inc.
Donald Prettyman
Robert Keller
Delta Development
10. Mr. Les Duoos
D. R. Griswold & Assoc.
Haven Enterprises •
Meritor Development
Real Estate Assistance
15. Rosewood Construction, Inc.
Dan Gustafson & Ken Applebaum
James Development Co.
Horne Development
Haven Enterprises
20. Del Schwanz
Eagan Center Assoc.
Tri -Land
Progress Engineering, Inc.
Dallas Development Co.
25. United Mortgage Corp.
Brutger Companies, Inc.
Eagan Woodhaven Partnership
Robert Engstrom Assoc.
Cray Reasearch
30. Middlemist Properties
Ronald Cornwell
EAGAN
197 -1988
DEVELOPERS
35.
45.
50.
55.
60.
EXHIBIT "B"
Torkton Ltd.
M.G. Istleford Co., Inc.
Richard Land Associates
Asp Construction Co. Inc.
Arson Construction Co.
Ryan Construction Co.
Gabbert Development, Inc.
Gonyea Land Company
Cliff Plaza Partnership
Richardson Properties, Inc.
Burnsville Lumber
Hoick, et al
Thomas Slater
Rahn Ridge Associates
Benson -Orth, Assoc., Inc.
J. Byron Watschke
Eagle Enterprises
Frontier Companies
Austin Companies
Federal Land Co.
L.A. Laukka Development
Tollefson Builders
Bill Henning & Co.
Lexington Center Limited Partnership
Ed Dunn
Argus Development, Inc.
Stuart Corporation
Graham Development Co.
Sienna Corporation
Good Value Homes, Inc.
8
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PUBLIC UTILITIES DESIGN POLICY
CITY CITY CONSULTANTS PUBLIC ONLY BOTH
Woodbury (1) BRLA 2
Apple Valley (1) BRAA Z
Coon Rapids (2) BRW SEH Z
Maple Grove (3) SRF, BRW, BRAG Z
Blaine (4) BRW, OSM, SEH, TKDA X
Eagan (3) BRAA, SEH, OSM X
Plymouth (4) BRAA, BRW, SRF, MERILLA,
MCCOMBS X
Chanhassen (3) BRW, OSM, ENGLEHART Z
Eden Prairie (3) HTPO, RCM, BRW X
Brooklyn Park n/a Z
Champlin (3) SEH, MAYER STEWART, DONAHUE Y
Burnsville (3) OSM, SRF, SEH X
EXHIBIT "D"
POLICY
For the Installation of
PUBLIC INFRASTRUCTURE FACILITIES
SUBJECT: To define the policy, prooedures, guidelines and responsibilities
for the design and installation of public infrastructure facilities
necessary for the use or development of land within the City of
Eagan.
POLICY: 111 public infrastructure facilities:
• Necessary for the health, safety and welfare of the general
public;
• Necessary for the development of property to current Code
requirements;
▪ Providing public access and utility requirements to an approved
preliminary plat
* To be owned, maintained and operated by the City of Eagan
•
shall be designed, field staked and monitored by the City or its
designated agents in aceordanoe with the current City Engineering
Standards, Guidelines and Procedures.
The applicant shall reimburse the City for all costs incurred and
provide the appropriate financial securities as required by the
City.
PURPOSE: The purpose of this policy is to provide the City with the
necessary controls over the design and installation of all public
infrastructure improvements defined in this policy to ensure
compliance with the City's Comprehensive Plans, Codes and
Engineering Standards, Guidelines and Procedures.
The City will assume the long -term maintenance, operation and
ownership of the type of improvements referenced herein. Because of
the inherent obligation and responsibilities associated with this
ownership, it is neoessary to ensure these facilities are designed
and installed in a manner that minimizes the City's future financial
and operational risks. This can best be done by having the City
perform or provide the related design, construction staking and
representative construction aerviees.
RESPONSIBILITY:
The City Administrator shall be responsible for the implementation
of this policy through - various designated or affected departments
and the related Departmental Directors.
AUTHORITY:
This Policy is adopted, authorized and implemented by action taken
of the Council of the City of Eagan, Dakota County, MN, and as may
be subsequently amended by the dates referenoed herein.
COMPLIANCE:
Compliance with this Policy shall be enforced by the Codes and
Ordinances of the City of Eagan and the Statutes of the State of
Minnesota.
COUNCIL APPROVED:
AMENDED:
as
PROCEDURES AND GUIDELINES
For the Installation of
PUBLIC INFRASTRUCTURE FACILITIES
EAGAN MN
I. DEFINITIONS:
1) Public Infrastructure Facilities
1. Sanitary Sewer Collection and Pumping System facilities
including all appurtenances.
2. Water Supply, Storage, Treatment and Distribution System
facilities including all appurtenances.
3. Sewer and water services between the collection /distribution
system and the property /easement line.
4. Storm Sewer Collection Systems and all appurtenances.
5. Storm Water Flood Control and Water Quality Management ponds or
structures and all related appurtenances.
6. Streets (including subgrade, gravel base, bituminous or
concrete surfacing, concrete curb and gutter, boulevards and
medians /islands) within public right -of -way.
7. Sidewalks /Trailways located within public right -of -way or
recorded easements providing pedestrian access for the general
public's use.
8. Landscaping within public right -of -way or on public property.
9. Signs, signals and lighting located within public right -of -way
and /or necessary for the safe and efficient operations of
pedestrian and vehicular movements.
10. Retaining walls located within or supporting public right -of-
way or other public infrastructure improvements.
B) Terms
1. Pre - Development Agreement - An agreement to be entered into by
the City and applicant defining responsibilities associated
with the Technical Design Preliminary Plat Process.
2. Development Agreement - An agreement to be entered into by the
City and applicant defining responsibilities associated with
the Final Plat Process.
3. Escrow - an acceptable financial security deposited with the
City to cover anticipated costs and other financial obligations
of the City of Eagan in performing or providing goods and
services necessary for the processing and /or performance of an
application associated with the improvement or development of
land within the City.
4. Performance /Payment Bond - A security agreement provided to and
naming the City to guarantee performance of contractual
services in accordance with the terms and conditions of a
related agreement and the payment of all third parties who
provided goods and /or services for the related improvement.
5. Final Contract Report - An accounting of all costs incurred in
the construction and administration of a Publicly Financed
Improvement Project.
6. General (Conoept) Preliminary Plat - The first of three (3)
steps necessary for the subdivision of land (Section 13.10,
Subdivision 3).
7. Technical Design Preliminary Plat - The second of three (3)
steps necessary for the subdivision of land (Section 13.10,
Subdivision 4).
8. Final Plat - The last of three (3) steps neoessary for the
subdivision of land (Section 13.30, Subdivision 3).
9. Grading/Excavation Permit - Prooesa providing for the
excavation, filling, grading or other Changes to the natural
topography as defined in Section 4.30 of the City Code.
II. DEVELOPMENT & SUBDITISION PROCESS
1. Conformanoe To City Codes
This development process shall be in accordance with the most
recent amendments to Chapter 13 of the City Code (Subdivision
Regulations - Platting) and Sections 13.10 (Application
Procedures and Approval Process) and Section 13.30 (Data and
Design Standards).
B. When an application is processed for the subdivision or
development of land that requires the installation or extension
of City infrastructure facilities to service existing or newly
created properties, the applicant shall enter into the
appropriate development agreements before the City will
initiate work or commit resources for the necessary technical
design services.
C. The applicant shall provide the information delineated in the
current code and adopted guidelines, City resolutions and such
other information as the City reseaonably requests consistent
with and in the required time frames for each formal step of
the development process (general design preliminary plat,
technical design preliminary plat and the final plat).
a �
2
III. PROFESSIONIL SERVICES
1. Private (Developer's) Engineering Personnel
1. Responsibilities
a. The developer, through his selected engineer, shall be
responsible for preparing all boundary and legal surveys
necessary for the preparation of all drawings, sketches,
graphics and other required submittals pertaining to the
oonfiguration and layout of the proposed subdivision of
property for the preliminary and final plat process. In
addition, they shall provide all appropriate sketches,
drawings, calculations and other related information
associated with the preliminary grading, drainage and
erosion control plan. In addition, they shall be
responsible for the revision of the preliminary plans as
necessitated by the City's design requirements for the
public infrastructure facilities to be installed within or
servicing the affected property. The developer or his
engineer shall also provide certification that the land
development activities associated with the subdivision
process have been satisfactorily complied with the City
approved plans and documents of record.
B. City Engineering Servioes
1. Responsibilities
a. The City, through its own City staff or contractual
services with a professional consulting engineering firm,
shall be responsible for performing the necessary field
surveys, calculations and drawings neoessary for the
preliminary and final detailed design plans and
specifications for the installation of public
infrastructure facilities associated with a proposed
development. They will also prepare the appropriate
feasibility report necessary for the public
improvement /special assessment hearing process in
accordance with Minnesota Statutes Chapter 429. 111
construction installation control staking shall be
performed by the City's engineer along with the
preparation of "as- built" record plans and the appropriate
certification of oomplianoe to City approved plans and
specifications. The City's engineer will also be
responsible for providing project representatives to
inspeot, observe and /or monitor the progress of the
installation of these public infrastructure infaeilities.
a �
3
2. Selection Process
a. The City vill,.retain, the appropriate number of outside
consulting engineering firms neoessary to provide
professional engineering services required for reason of
teohnioal expertise or overload manpower services as
required by current inhouse engineering personnel. Any
professional consulting engineering firm retained for
overload personnel services shall be for a minimum of two
years with a formal review and evaluation every four
years.
b. To remove any potential or actual conflict of interest,
the City retained consulting engineering firm representing
any client submitting a project or activity through the
City shall not represent or review the project or aotivity
on behalf of the City. In addition, the firm shall not
be allowed to accept any client or project which, by
nature, places it in ethical conflict during its
representation of the City of Eagan, without prior written
consent of the City. The City requires affirmative action
and, therefore, the City's selected consulting engineering
firms shall not discriminate under their contract with the
City against any person in a000rdanoe with federal, state
and local regulations.
c. The selection and assignment of a City consulting
engineering firm to a particular project shall be at the
sole discretion of the City. However, the City shall take
into consideration technical expertise required, ourrent
workloads, and /or requests submitted by the developer at
the time of application for the technical design
preliminary plat.
d. The fees paid to the consulting engineering firms retained
by the City shall be in accordance with annually approved
fee schedules as submitted by that particular engineering
firm. The method of incurring oosts for any particular
project shall be in accordance with the method described
in the predevelopment agreement associated with the
technical design preliminary plat application process
incorporating one of the following: time and material;
lump sum; percentage of estimated construction costa; time
and Material with percentage cap; or time and material
with lump sum cap.
IQ. FINANCIAL OBLIGATIONS
1. Applioation/Prooessing Fees
The applioant shall pay to the City of Eagan the appropriate fees
associated with each of the three steps of the subdivision prooess
to cover the administrative, clerical and similar oosts assooiated
with processing that particular application.
.29
B. Escrows
1. General (Concept) Design Preliminary Plat
A cash escrow, calculated in accordance with the most current
formula, shall be provided to the City to be placed in a non-
interest bearing account as necessary to cover all costs incurred
by the City for technical and /or professional staff time spent in
processing the application. Any unexpended funds will be refunded
to the applicant upon receipt of written request. Any additional
costs incurred by the City beyond the initial escrowed deposit shall
be paid by the applicant upon receipt of written request by the
City.
2. Teebnioal Design Preliminary Plat
The applicant shall provide the City with a cash escrow or other
acceptable financial security necessary to cover that portion of
technical design services associated with preparation of detailed
plans and specifications for the installation of public
infrastructure facilities. This escrow shall be calculated in
accordance with the current formula and shall be placed in a non-
interest bearing account. The City will refund any balance
remaining upon receipt of written request from the applicant. Any
additional costs incurred by the City beyond that covered by the
escrow deposit shall be paid to the City by the applicant upon
receipt of written request from the City. If the improvement is to
be installed under a public improvement contract, the escrow deposit
may be refunded in full subject to the completion of the public
hearing process and the recording of the final plat allowing the
City to incorporate such costs in to the final assessment
obligations of the benefited property.
3. Final Plat Prooeas
The applicant shall submit a cash escrow or other acceptable
financial security in a non - interest bearing account with the City
of Eagan to cover the estimated costs as calculated by the City for
providing the necessary services for construction staking, project
representation, inspection and /or observation associated with the
installation of these public infrastructure facilities. This escrow
requirement will be required only with the installation of public
infrastructure facilities to be performed privately by the developer
through hia own resources. If the improvements are to be installed
under a public contract, they will be incorporated in to the final
costa to be apread.as a special assessment.against the benefited
properties.
C. Financial Securities
1. 1 financial security in a form acceptable to the City of Eagan may
be submitted in lieu of all or part of any required cash escrow.
The acceptability and appropriateness of a financial security shall
be at the sole discretion of the City.
3 0
5
2. An acceptable financial security shall be sumitted as a condition of
the final plat process as necessary to cover 80% of the estimated
cost of the development obligations of the applicant. This
financial security will be reduced upon substantial completion of
all related improvements with final release subject to final
completion and aooeptanoe by formal Council action. In the case of
infrastructure facilities being installed under City contract, the
developer shall submit a financial security in the amount of 60% of
the estimated oosts with a reduction being made in increments of no
leas than 20% of the total security subject to payment of a like
amount of the final assessment obligations. Final release shall be
made when 60% of the financial obligations as assessed have been
fully paid or the development is 80 %.developed, whichever occurs
first.
V. CONSTRUCTION/INSTILLATION OF PUBLIC INFRASTRUCTURE FACILITIES
A. Grading/Land Development
1. All clearing, grubbing, excavation, filling, soil
correction /stabalization and /or erosion control measures required of
the proposed subdivision shall be the responsibility of and
performed under the direction of the developer or his designated
representative. If any such work is requested to be incorporated
into a public improvement oontraot, it shall be subsequent to a
written request by the developer incorporating the appropriate
financial securities, property rights and waiver of liabilities. If
it is performed prior to the completion of the final plat process,
it must be under the requirements of a Grading/Excavation Permit
issued by the City.
B. Public Improvement Contraot
At the time of the technical design preliminary plat application,
the applicant shall declare his intentions to install any public
infrastructure facilities privately or petition the City to have
then installed under the City's public improvement /special
assessment process.
1. Public Hearing /Assessment Process
a. Preliminary Engineering/Feasibility Report
Upon receipt of the petition and appropriate financial
security /escrow, the City will prepare a preliminary
engineering /feasibility report generally describing the
proposed improvements and specifically identifying the method
of financing through the preparation of a preliminary
assessment roll identifying all properties who may incur a
financial obligation as a result of this improvement.
3/
6
b. Estimated Costs/Pending Assessments
The pending assessment roll will identify estimated costs
associated with the installation of the public improvements
incorporating both construction and related overhead costs.
The construction costs will be based on estimated quantities
and unit prices to be revised based on final measured
quantities extended by contract bid prices. The overhead costs
shall incorporate a combination of both fixed (F) and
estimated /actual (E /1) costa and will be estimated at 30% for
the purposes of the preparation of the preliminary assessment
roll. These overhead oalculations are generally described as
follows:
• Engineering (E /&) 15.O%
• Administrative (F) 4.0%
• Legal (E /l) 1.5%
• Construction Interest (E /1) 8.O%
• Bonding (F) 0.5%
• Contingencies (F) 1.0%
o. Public Hearing Process
Mailed and published notification of the required public
hearing will be performed by the City of Eagan. The public
hearing is necessary to fulfill the requirements of Minnesota
Statutes pertaining to special assessment procedures. If the
proposed improvement results in special assessments only to
property owned by the applicant, the owner may waive their
rights to the public hearing allowing the simultaneous
preparation of detailed plans and specifications to be approved
at the time of the public hearing.
d. Contract Award
Contract will be awarded by formal Council action subsequent to
the formal bid solicitation process and oompletion of the final
plat application process.
C. Private Improvement Contract
1 developer may eleot to perform the installation of public
infrastructure facilities through his own reaouroea. However, the
construction staking and project representative personnel and
related services must be provided by the City.
1. Contract Documents
The developer may prepare his own oontraet documents but must
make reference to and incorporate the detailed plans and
specifications as prepared by the City of Eagan. While the
method of payment is left to the discretion of the developer,
the contract shall specifically identify unit prices for pay
items identified in the specifications prepared by the City.
7
!. Payment and Perforaanoe Bonds
The developer shall require his private contractor to provide
payment and performance bonds covering no leas than 100% of the
cost of the proposed improvements as calculated by the City of
Eagan or identified in the City prepared plans and
specifications. However, it will be the developer's
responsibility, through the financial security submitted with
the development agreement, to provide the appropriate lien
waivers as a condition of final aooeptanoe of the facilities by
the City.
3. Insurance Certificate
The developer shall require his contractor to submit an
insurance oertifioate to the City of Eagan specifically naming
the City as an additional insured for the amounts required by
the City for the particular project.
D. Construction Staking
The City or its designated agents shall perform all related
construction surveying and /or installation control staking necessary
to ensure that the installation of the publio infrastructure
facilities will be in accordance with the approved plans and
specifications.
E. Project Representative /Inspection /Observation Services
The City will provide the appropriate personnel necessary to verify
that the installation of the public infrastructure facilities have
been in accordance with the intent and design of the City prepared
plans and specifications. This service shall not provide any
specific representation to the developer for any improvements not
related to the installation of public infrastructure facilities.
The developer, at his option, may provide supplemental private
project representatives for his own personal interest but this
additional service will not reduce or replace the services to be
provided by the City.
VI. DETAILED PLANS & SPECIFICATION PREPARATION
1. Preparation
The City or its designated consulting engineering firm shall use all
information submitted by the developer or.his private engineer in
addition to performing whatever research and field surveys as may be
necessary for the preparation of the detailed plans and
specifications necessary for the ooapetitive bidding and /or
installation of these public facilities.
B. Review
The developer shall be given the opportunity to review the plans and
specifications and make any suggestions he may have for
modifications. However, the final decision regarding recommended
modifications will rest with the City. The City will provide
appropriate reviews of the plans prepared by consulting engineering
firms to ensure that the design is the most coat effective taking
into account the long -term best interests of the City and the needs
of adjacent property owners.
C. Tine Frame
The City will make every attempt to comply with the time frames
designated by the developer at the time of the technical design
preliminary plat application subject to the developer's timely
production and delivery of complete and accurate documents as
required by the process. If overtime is anticipated to accommodate
the developer's time frame, the developer must agree to pay any
additional fees or expenses resulting from such overtime
requirements.
VII. CONTRACT MANAGEMENT
1. Preconstruction Conference
1 preconstruction conference shall be coordinated and scheduled by
the official project representative assigned by the City of Eagan.
For private construction options, the developer will be responsible
for ensuring that his engineer, project manager and all prime and
subcontractors will be in attendance at the preconstruction
conference. Absence of any of those individuals may be cause to
reschedule the preconstruction conference to a later date when all
individuals' attendance can be assured. The preconstruction
conference will not be scheduled until the final plat application
process has been completed.
B. Permit To Proceed
Once the final plat application process has been completed including
the preconstruction conference and receipt of all required
regulatory agency permits, a formal "Permit To Proceed" will be
issued by the City. No construction related activity shall begin
until this permit has been formally issued.
3�
9
C. Change Orders
Many times, field conditions require changes of the approved plans
and specifications during oonstruction activities. Any changes
identified by the City's project representative will be brought to
the attention of the developer for his information, review and
comment. The City's project representative will provide the
necessary justification for the changes. Any objections to the
proposed changes shall be appealed directly to the City Engineer
within one working day of notifioation by the project
representative. The City Engineer shall make the final
determination of the necessity of the proposed change and will
authorize the revision to the contract documents and /or plans and
specifications as may be appropriate. Under the option where the
developer is performing the installation of their facilities under a
private contract, the developer will be expected to authorize the
appropriate changes to the contract. Failure to do so will result
in the City subcontracting the required work to be performed with
all costs incurred to become the responsibility of the developer
backed up by the financial security submitted with the development
agreement.
D. Progress Payments /Aooeptanoe/Varranties
1. Periodic and final progress payments shall be reviewed and
authorized by the City's project representative before payment
is forwarded to the oontraotor.
2. No system shall be activated or connection allowed until the
system in its entirety has been completed to a point of
substantial completion as determined by the prejeot
representative. Final inspections and acceptanoe will be
performed once the contractor has verified completion of the
project in aeoordanoe with the plans and specifications and
verifying inspections for acceptance have been performed by
City authorized personnel.
3. A minimum 2 -year warranty will be required for all public
infrastructure facilities installed in accordance with the
specifications and contract documents. The developer shall
assume all related payment, warranty and performance
obligations in accordance with the terms of the development
agreement for those improvements installed privately by the
developer prior to and as a condition of final acceptance by
the City of Eagan for perpetual ownership, maintenanoe and
operation.
vOEK WITHIN PUBLIC HILT OF MAY
A. Any improvement excavation oonstruotion or other land altering
activity located within public right -of -way or dedioated easements
shall be designed and inspected by the affected jurisdictional
authority in acoordanee with current regulatory engineering
standards unless specifically waived in advance by the affected
authority.
3 5
10
MEMO TO: RICH HEFTI, ASSISTANT CITY ENGINEER
MARK HANSON, CONSULTING DESIGN ENGINEER
FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: FEBRUARY 20, 1986
SUBJECT: PUBLIC IMPROVEMENT OVERHEAD CALCULATION/BREAKDOWN
As you are aware, for those public improvements that are
installed under City Contract, in addition to the actual
construction costs incurred through the competative bidding
process, the City has estimated the related overhead at 30 %.
This is based on the research of past projects and evaluating the
actual costs that have been incurred. This information is
further identified and broken down as follows:
ITEM PERCENTAGE
1. Engineering
a. Feasibility Report, preliminary
surveying, detailed plans and
specifications preparation,
contract management
b. Construction staking
and inspection
c. Final contract report,
as -built plan preparation
final payment certification, etc.
2. Legal Fees
a. Legal notices, contract documents,
legal descriptions /easement acquisi-
tion, claims and appeals defense
3. City Administration
a. Engineering plan review, contract
management, record keeping, claim
resolution, etc.
b. Special assessment roll
preparation, record keeping,
certification, final inspec-
tions, etc.
4. Bonding Fees
a. Sale and administration of bonds
sold to finance project
5. Construction Interest
a. Interest paid on construction
financing from date of contract
award to final assessment hearing
6. Contingencies
a. Unresolved claims, special tests,
appraisals, etc.
TOTAL (Avg . )
' 7 -9%
5 -6
1
1.25
2.0
2.0
0.5
7 -9
1.0
30.0%
• . RECEIVED JUL 7 1988
TO: Tom Colbert
FROM: Jerry Bourdon
DATE: June 30, 1988
Re: Private vs. Public construction of public works improvements
NTRODUCTION
The City of Eagan owns and operates a franchise for its storm sever, sanitary
sewer, water supply and transportation systems. The City owns the franchise
just as N W Bell and Dakota Electric Power Association ovn and maintain their
facilities. Neither of these organizations would give up their control of the
planning, design and construction of their facilities. The City of Eagan
should not compromise its franchise by giving up direct control of the plan-
ning, design and construction of its facilities.
Current practice is contrary to this logic. Private design and construction
of publicly owned facilities is currently the most prevalent project delivery
system in Eagan. This is a relatively recent phenomenon. Only a few years
ago the great majority of public facilities were designed and constructed
under the direct control of the City. We believe that private design and con-
struction of public facilities is not in the best long term interests of
Eagan. This memo summarizes our recent experiences in Eagan and other commun-
ities which form the basis for our opinion.
BACKGROUND
There are two basic project delivery systems used in the construction of mu-
nicipal public works projects. One is the public contracting system wherein
the City directly undertakes the planning, design and construction of the fa-
cilities that it will perpetually own and maintain. The other is the design
and construction of publicly owned facilities by private developers.
At the center of the debate over the advantages of the two project delivery
systems - private vs. public -is the issue of control. The organization in
control can use that power to its advantage. The issue then, from the City's
standpoint, is whether public interests are best served when control is main-
tained by the City or when that control delegated to private developers.
Our firm believes that the public project delivery system is the best system
for municipalities and we have designed our organization to meet this need.
Considering the City's long term ownership and maintenance responsibility for
its infrastructure, it would seem that the advantages received from full
control over the design and construction would be self evident. However,
PRIVATE
Page 1.
37
judging from the success private developers have had in persuading cities to
delegate control over their own facilities, it is appropriate that we present
our reasons for favoring the public project delivery system.
ADVANTAGES OF THE PUBLIC CONTRACTING SYSTEM
The City of Eagan's advantages in designing and constructing public works stem
from maintaining complete control of the project. The City receives these ad-
vantages through the use of directly controlled Design and Construction Teams.
PRIVATE
TEE DESIGN TEAM
A design team put together to serve the City develops talents and
specialties that serve its unique interests. The City's direct con-
trol of its design teams will provide the following advantages.
The design team is the first critical element in the quality control
of public works improvements. Under the public contracting system,
the City has direct control of the design teams it will employ
through its consultant selection process. Its ability to reward good
teams with more work is a significant asset to the City. This reward
system provides incentives for the design teams to develop specific
areas of expertise unique to the City's interest such as comprehen-
sive storm water runoff management, water distribution, sanitary
sewer collection, and traffic. The private developer's design teams
do not have such incentives and we have observed numerous problems on
privately constructed projects stemming in large part from this lack
of specialty input into detail planning and design.
When the design team owes its loyalty to the City the team is sensi-
tive to the long term life cycle costs of the City's ownership and
maintenance liability's. Simply put, the public contracting process
provides the best means of assuring the maintenance department's in-
put into the design and operation of the facilities it must main-
tain. The public contracting system protects the design team from
the pressure that can be exerted to design for the short term ex-
pediency of meeting unrealistic project deadlines and budgets.
A City design team also becomes intimately familiar with the City's
comprehensive plans and its existing infrastructure and is efficient
and effective in fitting developments into the City's overall master
plans. Private design teams will inherently design only for the spe-
cific site and not take into consideration the City's overall plan-
ning.
Page 2.
38
PRIVATE
THE CONSTRUCTION TEAM
The contractor and the field engineering (surveying, contract admin-
istration and inspection) are the final critical stages in the qual-
ity control of public works improvements. Under the public contract-
ing system all of these facets are directly controlled by the City.
Under the private contracting system the surveying and contract ad-
ministration are directly controlled by the developer. Although the
inspection function is still retained by the City, the inspectors
ability to assert control over the project is severely limited by
their lack of control over the Contractor through contract
administration and surveying.
Under the public improvement system the contractor is selected by the
bidding system and the successful low bidder is under direct contract
with the City. The City has the ability to directly control the con-
tractor through its certification of the completed work. In short,
the City directly controls the purse strings which is a powerful tool
compared to the more indirect methods available under the private
contracting system.
Construction surveying adds a significant advantage to the quality
control efforts on utility and street improvement projects. Con-
struction survey teams under the direct control of the City become
trained to the specific details of City standards and provide an
additional level of checks in assuring that the final project in-
corporates standard criteria established by the City Public Works
Department. Examples include: outside /inside drops, curb box loca-
tions, hydrant locations, intersection drainage to mention just a few
of the currently observed problems on private projects.
DISADVANTAGES OF THE PRIVATE PROJECT DELIVERY SYSTEM
There are several disadvantages to the City's use of private contracting of
public improvements. The following comments summarize the primary disad-
vantages.
1. Since the City owns and maintains the franchise the loss of con-
trol of the public works improvements weakens the City's ability
to control the planning, design and construction and increases
its ownership risks.
2. When the developers control the improvement projects the City is
always in a defensive posture. The developer presents his design
and the City must counter any short comings. Inherently these
situations are resolved by compromise wherein the City yields on
its standards. It is better for the City to prepare its own de-
sign and therefore reduce the compromise situation.
Page 3.
3
Specific examples of problems that the City has been experiencing can be docu-
mented to support these positions. The storm drainage problems in some of the
developments as well as numerous examples of compromised construction stan-
dards and delayed completion of work can be furnished.
REASONS DEVELOPERS USE THE PRIVATE PROJECT SYSTEM
The following summarizes the arguments from developers who favor the private
contracting of public facilities.
PRIVATE
3. Since the City owns the facilities it is subject to ownership
risks from law suits. Of all of the parties involved in public
works projects the City is especially vulnerable to this due to
the deep pocket syndrome. The developer and his engineer are not
in the first line of attack by legal claims. The City should
strive to cover its risk by asserting control.
4. Conformance to design standards is not easily maintained when the
design and construction is controlled by a private developer.
The City can attempt to enforce design standards by plan review
but this is a poor substitute for a loyal City design team.
S. The City, through its standard contracting practices, lends sta-
bility to the construction industry and provides long term inci-
dental benefits to owners of public works. The City can guaran-
tee payment to contractors and can guarantee performance through
the performance bond. Many of the private contracts do not in-
corporate these practices. Although the City can cover these
bases to some extent in the development agreements the direct
guarantees of a public contract cannot be provided.
1. It's less expensive.
Nobody has proven it. We doubt it. If equal quality is demanded of each
project delivery system ve doubt the costs are any different. The only
significant argument that may have merit is that the public system in-
hibits creative financing. Perhaps we should discuss how the public con-
tracting system might accommodate this concern.
2. It's faster.
With proper planning and scheduling on the developers part this does not
seem to be an overwhelming obstacle. We proved this last year in the
Bridle Ridge and Hills of Stone Bridge projects. Even when the develop-
er's engineers did not give us needed design information in a timely
manner ire successfully met critical time schedules and it was often the
private contracts which failed to be executed on time.
Page 4.
Obviously this is true. It is the central theme of the argument. How-
ever, the City is obligated to the public good and we believe the problems
being ezperienced on the privately contracted projects prove that the pub-
lic interest is not well served by the private contracting system.
The public contracting systems do have a tendency to become insensitive to the
needs of the developers. Ve must examine and implement ways to get the devel-
oper's input into the system and to make the public contracting system more
palatable to developers. Ve are sure there are rays this can be done.
SUMMARY
3. Ve have better control.
We believe that the public contracting system is best for the City of Eagan
because it maintains direct and complete control of the planning, design and
construction of publicly owned facilities. Be would welcome the opportunity
to work with you in developing and presenting the case for a return to public
contracting. Our staff will be available to put significant effort into this
issue under your direction.
PRIVATE
Page S.
`t/
Utility installation won't
return to public domain
A proposal to return responsibility of building public infrastructure
back to the city's engineering department was denied by a 3-2 vote of
the council at its Feb. 7 meeting.
Director of Public Works Tom Colbert suggested to the council a
few months ago that the city limit who may build such services as
water, sewer and streets in developments. In the building boom since
.1983 in Eagan, the city allowed developers to hire their own engineers
to design and oversee construction of these utilities, with review by
city engineers or the city's consulting engineers.
But reviewing plans and construction is not the same as actually
doing it, Colbert said, and suggested the city would be able to do the
work and take responsibility for its work. A number of problems have
arisen in the city from problems associated with private engineering
firms' work, Colbert said.
With the rejection of all-public utility installation, "developers can
hire any firm they want to regardless of their knowledge of the city,"
Colbert said Thursday, Feb. 9. The city will have to try and catch
rather than prevent problems, be added. Developers do have the op-
tion of having the city build the utilities, however.
Developers were opposed to the ail public rule, saying it limited
their creativity, added to their costs and could delay them. Colbert
said he thought he had addressed their concerns through 18 hours of
meetings with the Developers Task Force.
Council Members Pam McCrea, Tom Egan and David Gustafson
voted against the recommendation.
These reports were complied by Br.oda Gud.rtae fro. the Feb. 7, i9
meeting of the Egan City Council.
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR /CITY CLERK VANOVERBEKE
DATE: MARCH 3, 1994
SUBJECT: 1994 WATER AND SANITARY SEWER UTILITY RATES
At your request I am providing some additional information regarding the proposed 1994
Water and Sewer Utility Rates. The rate setting philosophy over the years has been based
on the following general principles:
1. Rates should be reviewed annually and adjusted annually as appropriate.
2. Rates would be set at levels to cover the following general areas:
a. Operational costs
b. Reserves for renewal and replacement of the systems.
c. Debt service payments in cases where bond financing was used.
d. Some system expansion and enhancement.
3. Rates would cover only costs reasonably associated with utilities and would not be
used to subsidize general governmental operations. They would not be set artificially
low so as to require a subsidy either.
4. There is no profit motive.
Even though these principles are fairly well - defined, the rate setting process is not an exact
science and involves a number of estimates. Changes to any of those estimates could
materially affect the established rates. Staffs efforts have been directed at making the best
possible estimates and letting the rates result from the process. While being sensitive to
rate changes which result, we have minimized working backwards starting from an
acceptable or desirable rate to determine the estimates.
This process will naturally result in proposed rates usually being above or below any current
inflation number because of the multitude of variables.
Given that general background, the 1994 proposed rates were developed as explained in the
following paragraphs.
Sanitary Sewer
In determining the sanitary sewer user rates the costs are allocated into customer service
costs and usage or flow costs. The respective costs are then divided by estimated number
of bills and the estimated flow to determine the rate for the year. For the 1994 proposed
rate the amounts allocated into customer service costs total $120,200. The estimated
43
1994 UTILITY RATES
MARCH 3, 1994
PAGE 2
number of bills to be sent during 1994 is based on 15,384 users being billed four times. The
customer service rate is determined to be:
$120,200 = (15,384 x 4) or $1.95 /customer /quarter
For the usage part of the total rate, the following usage or flow costs with an estimated flow
of 2,016,000 thousand gallons were used.
MWCC Billing
City Costs - i.e.
labor, contracted
services, parts
Capital Outlay
Renewal and Replacement
Water
TOTAL
Amount Cost Per /1000
$2,637,051 $ 1.31
587,777
128,425
110.210
$3,462,463
$263,800 + (15,844 x 4) $4.15 /customer /quarter
L./It
.29
.06
.06
$1.72 /gal.
The basis for the estimated amounts include the 1994 MWCC estimated billing and the 1993
expenses of labor, contracted services, repair parts, inflated by the % change in the 1994
budget compared to the 1993 budget. The capital projects amounts were adjusted for the
1994 authorized acquisitions and the renewal and replacement amount remained constant.
The sewage flow was based on the 1993 sewage billed, plus an estimate for the 1994 growth
because of new customers connected to the system.
The rate proposed for adoption was limited to an approximate 10% increase based on an
average winter quarter water usage of 17,700 gallons of flow. The proposed rate of $1.61/
thousand gallons is $.11 per thousand gallons less than the $1.72 /thousand gallon rate
needed to recover all costs.
To determine the water user rates the costs are again allocated into customer service costs
and usage or flow costs. The respective costs were then divided by the estimated number
of bills and the estimated usage to determine the rates for the year.
For the 1994 proposed rate the amounts allocated to customer service costs totals $263,800.
The estimated number of bills to be sent during 1994 is based on 15,844 users being billed
four tunes. The customer service rate is determined as:
1994 UTILITY RATES
MARCH 3, 1994
PAGE 3
In addition, there is a $2.75 per customer per quarter surcharge that is being used to provide
financing for the water treatment plants.
For the 1994 proposed rate the amounts allocated to usage or . flow costs with an estimated
usage of 2,130,000 thousand gallons were used.
Amount Cost Per /1000
City costs for labor,
contracted services, repairs $1,326,467 .622
Capital Outlay 163,496 .077
Renewal and replacement 226.966
$1,716,929 .805
In addition, there is a debt service surcharge on usage that is equal to $.249/1000 gallons
of flow. The total charge for flow is 1.05 (.249 + .805).
The basis for the estimated amounts include 1993 expenses of labor, contracted services, and
repair parts inflated by % change in the 1994 budget compared to the 1993 budget. The
1994 capital outlay amounts were adjusted for 1994 authorized acquisitions. The renewal
and replacement amounts remained constant.
The usage estimate is based on the average usage of the last three years, which includes an
exceptionally wet year, and an exceptionally dry year plus an estimate of usage based on the
growth in the number of customers using water.
Conclusion
These calculations result in the recommendation that was presented to the City Council for
the regular meeting held on February 28, 1994. A copy of the packet material is attached.
Please let me know if you have questions or would like any additional information.
v
Fingpace Director /City Clerk
EJV /jeh
�
FEE TYPE
Sanitary Sewer
Single Family, Townhouse
and Similar Residential # • 6%
Apartment,
Commercial
Sewer only
tion /meter
Water Works
All users
Storm Water Drainage
Water Account Deposit
Sewer Account Deposit
Neighborhood
Single Family /Twin Homes
(R -1, R -2)
Townhouses (R -3)
Multiple Residential &
C/I non - continuous
C/I continuous
Individual Lights
100 WHPS
150 WHPS
250 WHPS
Institutional
& Industrial 4, VX
(no water connec-
to measure flow)
Community and Signal Lights
R1 /R2
R3
R4
Non - Residential
UTILITY RATES AND FEES
4 1,05
$5.00 /REF /Qtr.
(R3 Zoning 20% Credit)
$15.00 /Residential Account
$15.00 /Residential Account
Street Lights /Signal Lights
# % DS
3.993
TEE
MN 4.96' 4e /Qtr. for 10,000
Gal. *1.4J /1000 Gal. for
All Usage Over 10,000
Gal. Based on Winter
Quarter Meter Reading
11.D5
MN $1+r40/Qtr. for 10,000
Gal. G9,45 /1000 Gal. for
all Usage over 10,000 Gal
t 34,15
Flat Rate - 'et-AO/Qtr.
4 rota
MN $±67.90 /Qtr for 10,000
Gal. & t /1000 Gal. for
All Usage Over 10,000 Gal
1994
YEE
$3.20 Per Qtr Per Lot
$2.56 Per Qtr Per Unit
$10.00 /Qtr. /Billing Acct.
$4.30 /Qtr. /Ac.
.148 /L.F. /Qtr.
22.25/Ac. /Qtr.
$19.45 /Light /Qtr.
31.45 /Light /Qtr.
43.00 /Light /Qtr.
$1.80 /Unit /Qtr.
$1.40 /Unit /Qtr.
$1.25 /Unit /Qtr.
$5.30 /Unit /Qtr.
Q rotoe1
t ctct4
Use
Ra
dy
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGER
ASSISTANT TO THE CITY ADMINISTRATOR DUFFY
DATE: MARCH 4, 1994
SUBJECT: MEDIATION SESSION /POLICE BARGAINING
Representatives of the City and of the Police bargaining unit are
scheduled for a mediation session on Thursday, March 24, 1994 at
9:30 a.m. at the Municipal Center. Attached please find a copy of
the meeting notice we received from the State of Minnesota Bureau
of Mediation Services.
Compensation and overtime provisions appear to be the two main
issues. Although there are several other issues still on the
table, they could probably be worked out if we all can come to
agreement on the compensation rates and overtime provisions.
In order to negotiate in good faith, we will need to ascertain from
the Mayor and Council the absolute maximum percentage increase you
would approve for compensation for both 1994 and 1995.
\\
City Administrator
Assistant to the C ty Administrator
Attachment
February 22, 1994
IN THE MATTER OF:
BMS
BUREAU OF MEDIATION SERVICES
State of Minnesota
Law Enforcement Labor Services, Inc.; Bloomington, Minnesota
-and -
City of Eagan; Eagan, Minnesota
HMS CASE NO: 94 -PN -1383
RE: Law Enforcement - Essential
RECEIPT OF MEDIATION PETITION
AND MEETING NOTICE
A petition for mediation in the above -named matter has been received
by the Bureau of Mediation Services. In accordance with the laws of
Minnesota, you are hereby notified of the following mediation meet-
ing to be held for purposes of resolving this matter.
Both parties to this matter have a legal obligation to be present at
this meeting and to make good faith efforts to resolve the dispute.
Accordingly, each party must vest its representatives to mediation
meetings with the authority to negotiate in good faith, the ability
to identify unresolved issues, and to set forth the positions of
that party with respect to each issue in dispute.
cc: Greg Bastien
Holly Duffy
Linda Myhre
DATE: Thursday, March 24, 1994
TIME: 9:30 am
LOCATION: Eagan City Hall
3830 Pilot Knob Road
Eagan, MN
‹Mec.A , -y S• /L
MURRAY S! PERRY
Mediation Unit Director
(612) 649 -5421 FAX: (612) 643 -3013
1380 Energy Lane • Suite #2 • St. Paul, MN 55108 -5253
An Equal Opportunity Employer