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07/19/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 19, 2011 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE P3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES Ply, B. PERSONNEL ITEMS Q. i y C. APPROVE Check Registers -P, 15 D. APPROVE Sound Amplification Permit for Faithful Shepherd Catholic School Septemberfest Fundraiser at 3355 Columbia Drive PQ3 E. APPROVE a double drive - through located at Town Centre McDonalds -A, F. APPROVE a resolution to accept a $1,000 donation from Sam's Club for 2011 community events and approve any necessary changes to the 2011 budget 1 G. AWARD Fire Engine Contract P 31 H. APPROVE Property Acquisition Settlement Agreement for Project 1016, Ames Crossing Rd (Cole Property) I. APPROVE Change Order No. 2, Contract 09 -18 (Duckwood Drive Overpass - Bridge and Street p Improvements) T .3 J. APPROVE Tree Maintenance Contractor License for Wright Tree Service, Inc. 1Q 2�q K. Approve temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School Septemberfest Fundraiser on September 17, 2011 V. PUBLIC HEARINGS VI. OLD BUSINESS A. ORDINANCE AMENDMENT — City Code Chapter 4 to authorize the City to provide for electrical inspections, APPROVE an addition to the City Fee Schedule for that service and APPROVE a service agreement with M. A. Anderson, Inc. PL& B. ORDINANCE AMENDMENT - An Ordinance Amendment to Chapter 11 regarding City variance authority VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION 4 City of Eap demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 15, 2011 SUBJECT: AGENDA INFORMATION FOR JULY 19, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 19, 2011 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 19, 2011 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the June 21, 2011 Regular City Council meeting, minutes of the June 14, 2011 Special City Council meeting and minutes of the June 14, 2011 Special City Council retreat as presented or modified. ATTACHMENTS: • Minutes of the July 5, 2011 Regular City Council meeting are enclosed on pages through LI—. µ MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota JULY 5, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, July 5, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Communications Director Garrison, Chief Financial Officer Pepper, City Engineer Matthys, Police Chief McDonald and Fire Chief Scott. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended with the addition of two recognitions. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire recognized the success of the 4' of July celebration and thanked the Funfest Committee and City staff for their efforts. Ken Koch of the Funfest Committee addressed the City Council and highlighted the success of the celebration. The City Council also held a moment of silence to recognize the passing of former Fire Chief Bob Childers. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the June 21, 2011 regular City Council meeting, minutes of the June 14, 2011 Special City Council meeting and minutes of the June 14, 2011 Special City Council Retreat as presented B. Personnel Items: 1. It was recommended to approve title change and reclassification of "Assistant to the City Administrator" to "Assistant City Administrator" 2. It was recommended to approve hiring of seasonal employees in Parks & Recreation, Finance & Utilities 3. Duplicate of Item 1. 4. It was recommended to approve final phase of ECC re- organization • Reclassify the Government Buildings Supervisor from Level 11 to Level 12 • Recruit for a Training/Office Support Specialist for the Eagan Community Center /Civic Arena 5. It was recommended to accept the ratified Collective Bargaining Agreement for Teamsters Local 320, Public Works /Park Maintenance Unit for January 1, 2011 — December 31, 2012. C. It was recommended to approve the check registers dated June 2, 2011, June 16, 2011 and June 23, 2011 D. It was recommended to approve change in management of the On -Sale 3.2 Percent Malt Liquor (Beer) and Wine License for Smashburger Acquisition - Minneapolis, LLC, dba Smashburger E. It was recommended to approve a Tree Maintenance Contractor License for Pete Strand, Xtreme Tree Team F. It was recommended to approve a Tree Maintenance Contractor License for Ronald Vieths, Absolute Tree Service G. It was recommended to direct preparation of an Ordinance Amendment to permit the City to provide for electrical inspections and schedule a Public Hearing to consider fees for services on July 19, 2011 H. It was recommended to authorize preparation of an Agreement to provide electrical inspections services in the absence of state contract inspector services 1. It was recommended to approve Emergency Siren Access Easement for former Fire Station #2 property at 2980 Lone Oak Circle J. Pulled for discussion. It was recommended to cancel the July 12, 2011 Special City Council Meeting and the August 9, 2011 Special City Council Meeting and schedule a City Council workshop on August 15, 2011 6N City Council Meeting Minutes July 5, 2011 2 page DRAFT K. It was recommended to approve a Resolution adopting and implementing the performance benchmarks developed by the Council on local results and innovation L. It was recommended to approve a reallocation of resources among various City funds M. Pulled for discussion. It was recommended to approve plans & specifications / authorize ad for bids, Contract 11 -05 High Pressure Zone Water Main Improvements and schedule July 29, 2011 for bid opening N. Pulled for discussion. It was recommended to approve plans & specifications for Contract 11 -11, City-Wide Trail Improvements and schedule July 29, 2011 for bid opening O. It was recommended to award Contract 11 -08, Cedar Grove Boulevard Street & Utility Improvements P. It was recommended to approve Contract 11 -12, Traffic Signal Painting (TH 3 at Red Pine Lane and TH 55 at Eagandale Blvd) Q. It was recommended to authorize Phase 11 of the Eagan Colocation Facility Feasibility Study R. It was recommended to approve the purchase of weight equipment from Rasmussen College to be installed in the Civic Arena and make the necessary adjustments to the 2011 Budget S. It was recommended to approve a Tree Maintenance Contractor License for Randy Newton, Newton's Tree & Stump Service, LLC T. It was recommended to approve a Sound Amplification Permit for the American Cancer Society Relay for Life at 1501 Central Parkway U. Pulled for discussion. It was recommended to approve the Electronic Signature User Agreement with the Minnesota Pollution Control Agency. Councilmember Bakken commented on the ability of the MPCA to process the Agreement in light of the shutdown. PUBLIC HEARINGS FINAL ASSESSMENT HEARING PROJECT 1033 (CLIFF RD. — TRUNK WATERMAIN) City Administrator Hedges introduced the item regarding the final assessment hearing on Project 1033, Cliff Road trunk watermain. Director of Public Works Colbert gave a staff report regarding the final assessment hearing. The City Council discussed the City's assessment policies. The Mayor opened the public hearing. Roger Urban, 1007 Cliff Road, voiced objection to the assessment, especially the assessment of property that lies within Holland Lake. Mr. Urban requested a postponement of the assessment but willing to accept an assessment for his one house. Jo Ellen Abraham challenged the higher assessment due to acreage and suggested that an average assessment per home approach be used rather than a per acreage assessment rate. Ms. Abraham also requested a postponement of the assessment until connection or subdivision. Patrick White, 965 Cliff Road, voiced opposition to the assessment stating the excessive cost to connect a water service to the main on the other side of Cliff Rd and proposed a single family assessment fee rather than a per acre assessment rate. Millie Johnson, 975 Cliff Road, objected to the assessment, requested a deferment of the assessment and inquired about the terms of any potential deferment. Nancy Sweet, 995 Cliff Road, objected to the assessment and requested a deferment of the assessment until the property is sold. City staff responded to questions raised by those who testified. The City Council discussed the proposed assessments with the City Attorney and staff. Mayor Maguire closed the public hearing and turned the discussion to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the final assessment roll for project 1033 (Cliff Road trunk water main improvements) and authorize its certification to Dakota County for R City Council Meeting Minutes July 5, 2011 3 page collection and to further authorize the preparation of assessment agreements for execution within 25 days by those property owners who desire them; such agreements subject to the following conditions: 1) The homeowner shall agree to an assessment of one single family residential equivalent, 2) The remaining balance of the assessment shall be deferred until the property is sold, transferred, subdivided, platted, or upon the expiration of 25 years after the signature of the agreement, 3) land area below the ordinary high water level of Holland lake designated as public waters shall be exempt from the acreage used to calculate the assessment, and 4) The interest rate is 5 percent per year on the unpaid balance. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion for the deferment agreement to allow the opportunity for residents to grant drainage and utility Easements for areas identified in the storm watermanagement plan or a conservation easement over other land in order to reduce assessment obligation as part of the deferral agreement. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT QDOBA RESTAURANT CORP. City Administrator Hedges introduced the item regarding a planned development amendment for Qdoba Restaurant Corp. to allow a Class II restaurant, additional building signage, outdoor patio and on -sale liquor located at 1298 Promenade Place. City Planner Ridley gave a staff report. • representative of Qdoba Restaurant addressed the City Council and stated he was available for questions. • brief discussion was held by the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a planned development amendment for Qdoba Restaurant Corp. to allow a Class II Restaurant, additional building signage, outdoor patio and on -sale liquor located at 1298 Promenade Place, subject to the following conditions: Aye: 5 Nay: 0 1. A planned development amendment agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the agreement: • Site Plan • Building Elevations • Signage Plan • Patio Plan • Landscape Plan 2. The site shall be developed in conformance with the approved plans: • Patio Plan dated June 7, 2011 • Building Elevations Plan dated June 7, 2011 • Signage Plan dated May 12, 2011 3. As prescribed by the Promenade PD, all building signs shall be individual channel letters and be 4 ft. 8 in. in size. 4. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 5. The steel awnings shall have similar support brackets as those of the existing tenant of the building. 6. The awnings and patio umbrellas shall not contain signs or logos. 7. A liquor license shall be obtained from the City for the restaurant. On -sale liquor sales also shall comply and be operated in accordance with all relevant state laws and regulations. 8. The east elevation shall be refaced to remove the visibility of the former Blockbuster Video sign prior to release of the new sign permit. 9. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be required if necessary to achieve compliance. 10. A revised Landscape Plan shall be submitted to screen the new trash enclosure. 11. The design of the permeable landscape pavers shall be as approved by the City's Engineering Division. CONDITIONAL USE PERMIT ill City Council Meeting Minutes 4 p lyg e 2011 a Y EAGAN GENERAL REPAIR City Administrator Hedges introduced the item regarding a conditional use permit for Eagan General Repair to allow outdoor storage of trailers, vehicles, construction equipment and associated material located at 3650 Kennebec Drive. City Planner Ridley gave a staff report. Applicant Mark Durand addressed the City Council. Blaine Carey, Building Manager, addressed the City Council regarding the history of the property and noted no previous code violations on the property. A brief discussion was held by the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a conditional use permit for Eagan General Repair to allow outdoor storage of trailers, vehicles, construction equipment and associated material located at 3650 Kennebec Drive, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the items upon and located in the outdoor storage area as identified on the Site Plan received January 28, 2011. 3. A minimum 20' emergency access aisle shall be designated and maintained on the south side of the building, and a 24' drive aisle shall be maintained through the parking and storage area along the west and east sides of the building. 4. Miscellaneous items not shown on the approved Site Plan shall be removed from the storage area and located inside the storage pods or principal building or removed from the site no later than June 1, 2012. 5. The applicant shall submit a revised Site Plan identifying 23 parking stalls, striped per Code Requirements and reflect the required setback requirements. 6. The revised Site Plan shall include the location of the trash containers. 7. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2011. 8. City Code violations pertaining to expired license tabs, non - licensed vehicles and outdoor storage of tires, empty barrels, auto parts and other debris shall be corrected no later than June 1, 2012. 9. The storage area shall be cleared of debris and weeds and maintained in an orderly fashion. 10. All parking and storage areas shall be properly maintained to prevent deterioration. 11. Outdoor storage shall be limited to operational vehicles or associated with the applicant's business. FINAL PLAT AND PLANNED DEVELOPMENT AMENDMENT — GOPHER RESOURCE (3385 & 3365 DODD ROAD AND 805 YANKEE DOODLE ROAD) City Administrator Hedges introduced the item regarding a final plat and planned development amendment for Gopher Resource to allow outdoor storage of semi - trailer trucks and expansions to the corporate office building and two other processing and warehouse buildings, as well as to the plastics recycling building located at 3365 and 3385 Dodd Road. City Planner Ridley gave a staff report. Applicant, John Tapper, Chief Operating Officer of Gopher Resource, addressed the City Council and responded to question regarding trailer storage. A brief discussion was held by the City Council and members stated they appreciated the continued investment and success of Gopher Resource. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a final plat (Gopher Eagan Industrial Park 8 Addition) to adjust the boundaries of three parcels with a current legal description of Lot 1, Block 1, Gopher Eagan Industrial Park 3` Addition; Lot 1, Block 1 Gopher Eagan Industrial Park 6` Addition; and Outlot G, Gopher Eagan Industrial Park 2 nd Addition. Aye: 5 Nay: 0 Councilmember Fields moved; Councilmember Bakken seconded a motion to approve termination of the interim use permit upon that portion of Outlot G, Gopher Eagan Industrial Park 2 nd Addition being platted as part of Lot 1, Block 1, Gopher Eagan Industrial Park 8 Addition. Aye: 5 Nay: 0 City Council Meeting Minutes July 5, 2011 5 page DRAFT Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a planned development amendment to allow outdoor storage of semi - trucks and trailers, cargo containers and bulk materials in bins, and expansions to the corporate office building and two other processing and warehouse buildings at 3385 Dodd Road, upon proposed Lot I, Block 1, Gopher Eagan Industrial Park 8` Addition, subject to the following conditions. Aye: 5 Nay: 0 1. An amendment to the planned development agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD amendment agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan 2. Any building expansions not completed within fifteen years (August 1, 2026) shall require a new planned development amendment. 3. The applicant shall continue to work with City Staff to improve addressing and building identification for emergency purposes, including providing an updated Emergency Response Plan. Any new building numbers and door identification mounted on the buildings shall be consistent with the design criteria in the City Code. 4. Exterior materials for all building additions shall be consistent with existing materials and finishes. Introduction of new materials and colors shall be compatible with the existing. 5. Additions to existing buildings shall be subject to mechanical screening requirements in compliance with current City Codes. 6. If proof of parking areas are constructed, then a revised internal circulation plan shall be submitted for review and approval by City staff. 7. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved Site Plan. 8. Separate Landscape and Tree Mitigation Plans shall be submitted. A financial guaranty shall be provided for both landscape and mitigation trees. The amount of financial guaranty shall be calculated by City Staff, and the guaranty submitted prior to release of the PD Amendment Agreement for recording. 9. The applicant shall submit a revised Tree Preservation Plan to provide information consistent with the requirements of City Code. The revised Tree Preservation Plan shall be submitted for incorporation into the PD Amendment Agreement, subject to review and approval of the City Forester. 10. The applicant shall be responsible for replacing any relocated trees that do not survive the move. 11. The applicant shall be responsible for obtaining all necessary County permits for the access relocation work within Yankee Doodle Road right -of -way. 12. The applicant shall be responsible for obtaining a City grading permit for the proposed service drive and staging area improvements. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a planned development amendment to allow outdoor storage of semi - trucks and trailers and an expansion to the Recycling Zone at 3365 Dodd Road, upon proposed Lot 2, Block 1, Gopher Eagan Industrial Park 8` Addition, subject to the following conditions. Aye: 5 Nay: 0 1. An amendment to the planned development agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD amendment agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan 2. Any building expansions not completed within fifteen years (August 1, 2026) shall require a new planned development amendment. 3. The applicant shall continue to work with City Staff to improve addressing and building identification for emergency purposes, including providing an updated Emergency Response Plan. Any new building numbers and door identification mounted on the buildings shall be consistent with the design criteria in the City Code. 4. Exterior materials for all building additions shall be consistent with existing materials and finishes. Introduction of new materials and colors shall be compatible with the existing. 7 City Council Meeting Minutes July 5, 2011 6 page 5. Additions to existing buildings shall be subject to mechanical screening requirements in compliance with current City Codes. 6. If proof of parking areas are constructed, then revised internal circulation plan shall be submitted for review and approval by City staff. 7. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved Site Plan. 8. Separate Landscape and Tree Mitigation Plans shall be submitted. A financial guaranty shall be provided for both landscape and mitigation trees. The amount of financial guaranty shall be calculated by City Staff, and the guaranty submitted prior to release of the PD amendment agreement for recording. 9. The applicant shall submit a revised Tree Preservation Plan to provide information consistent with the requirements of City Code. The revised Tree Preservation Plan shall be submitted for incorporation into the PD amendment agreement, subject to review and approval of the City Forester. 10. The applicant shall be responsible for replacing any relocated trees that do not survive the move. 11. The applicant shall be responsible for obtaining all necessary County permits for the access relocation work within Yankee Doodle Road right -of -way. 12. The applicant shall be responsible for obtaining a City grading permit for the proposed service drive and staging area improvements. CONDITIONAL USE PERMIT MINNESOTA AUTISM CENTER City Administrator Hedges introduced the item regarding a conditional use permit for Minnesota Autism Center located at 3800 Tesseract Place. City Planner Ridley gave a staff report. The applicant, Ron Cary, addressed the City Council by stating he was available for questions. A brief discussion was held by the City Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a conditional use permit for Minnesota Autism Center located at 3800 Tesseract Place, subject to the following conditions. Aye: 5 Nay: 0 1. The conditional use permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City, prior to release of the CUP. 2. All signage shall meet City Code standards. Signage not being used by the school shall be removed, including the pylon sign and base. 3. The parking lot shall be striped per City Code standards no later than August 31, 2011; a Parking Plan shall be submitted to Building Inspections for review and approval of accessible parking stalls prior to the lot being striped. 4. Existing landscaping shall be maintained, including mulch replacement, pruning and any dead or dying plant materials replaced. 5. The trash enclosure shall be appropriately secured. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE The City Council noted the impact of the State shutdown on the City of Eagan. VISITORS TO BE HEARD There were no visitors to be heard. ADMINISTRATIVE AGENDA The City Attorney noted a Closed Session was needed to discuss Project 1007, Fish Lake alum dosing station and settling basin. CITY COUNCIL COMMENTS City Council Meeting Minutes July 5, 2011 DR A F T 7 page The Mayor and City Council commended City staff on the July 4` celebration efforts. ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:05p.m. Aye:5 Nay:0 Date Mayor Clerk Agenda Information Memo July 19, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Acknowledge the resignation of Fred Miller, E -TV Video Specialist/Field Coordinator, and authorize his replacement. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Community Sharon Iverson Center Guest Services Representative Community Sidney Rivera II Center Personal Trainer Item 3. ACTION TO BE CONSIDERED: • Ratify Collective Bargaining Agreement for Teamsters Local 320, Clerical Unit for January 1, 2011 — December 31, 2012. FACTS: • The Clerical Unit voted to ratify the tentative agreement on July 13, 2011. • Contract language includes: o Wage adjustments as follows: January 1, 2011 — December 31, 2011 — no increase. January 1, 2012 - 1% increase. July 1, 2012 - 1% increase. o Other non -wage modifications to the contract are slight and are within the parameters set by the City Council. 0 ATTACHMENT: A complete copy of the Contract is available from the Office of the City Administrator, if any member of the City council would like one. K 13 Agenda Information Memo July 19, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 30, 2011 and July 7, 2011 as presented. ATTACHMENTS: • Check registers dated June 30, 2011 and July 7, 2011 are enclosed without page number. 1�- Agenda Information Memo July 19, 2011 Eagan City Council Meeting D. SOUND AMPLIFICATION PERMIT — FAITHFUL SHEPHERD ACTIONS TO BE CONSIDERED: APPROVE a Sound Amplification Permit and Waiver of fee for an outdoor event with electronic sound system/audio equipment use after 10 p.m. to be held on September 17, 2011 at 3355 Columbia Drive. FACTS: ➢ An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council and is subject to the requirements outlined in City Code Chapter 10, Sec. 10.31. Eagan PD has reviewed and signed off on the application. ➢ Faithful Shepherd is planning an 8th Annual Septemberfest school fundraiser outdoor event September 17 -19, 2010. The live music for which the sound amplification permit is required is planned for Saturday the 17'' from 5:00 p.m. until 12:00 a.m. The event will occupy the entire parking lot on the west side of the building. ➢ The applicant is requesting a fee waiver for the outdoor event with noise permit. ➢ Surrounding uses within 1 /4 mile are industrial to the north and east, business park to the west, and multi - family residential, public facility and vacant property to the south. The stage and amplification equipment will face north, toward the industrial area. ➢ A temporary liquor license request is also on the agenda for this event. A temporary barrier prevents unauthorized access to the event. Access is required through the entry gate at the south. ➢ Due to a south - facing stage, the 2008 event generated several complaints. The 2009 and 2010 events, with the stage and speaker layout facing north, eliminated noise complaints. ATTACHMENTS: (2) Location map on page I LP A copy of the applicant letter, permit, site plan and radius map is attached on pages n_ through /5- Location Map North Park 4ectS Faithful Shepherd Amplified Noise Permit Feet 0 500 1,000 2,000 Legend JMuM 16 Boundary Parcels Parks Buildings (v 1(e FAMFUL SHEPHM Wberle educational mYtllence an God'e gifts are awakened 3355 Columbia Drive Eagan, Minnesota 55121 - Phone 651.406.4349 • www.fwsmn.org i June 23, 2011 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Eagan City Council waive the $75.00 application fee for a Sound Amplification Permit for Saturday, September 17th, We are holding our annual " Septemberfest" at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of " Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's Noise Ordinance Amendment by incorporating procedures that will be followed to limit objectionable noise levels. If you have any questions, I can be reached at 651- 503 -0699. Thank you for your consideration. Respectfully submitted, &Ile_, L�� 4�& PX t� , Patrice Weinberger, Septemberfest Chair 2011 Faithful Shepherd Catholic School " Septemberfest" Faithful Shepherd Cathotic School and Tri - Parish Center • Serving the parishes of St. John Neumann, 5t Peter and St Thomas Becket I--/ 4 City of Ea E dn 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675 -5690 Fax: (651) 675-5694 Use BLUE or BLACK Ink _________________ For Office Use I I I I Permit #: t I Permit Fee: I I �t I Date Received: I j Staff: I V I 2011 SOUND AMPLIFICATION PERMIT (OUTDOOR EVENTS AFTER 1 OPM) ✓ Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system / audio equipment use after 10:001 A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ✓ Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A- weighted fast response scale meeting ANSI Specifications, Section 1.4 - 1971. o 1 /a mile radius from the property line, 3 -5 feet above ground level - 55 decibels o 1 /2 mile radius from the property line, 3 -5 feet above ground level - 50 decibels ✓ City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ✓ PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION 2011 SOUND AMPLIFICATION PERMIT Page 1 of 3 /�y ' (�M DL C &Ata, Name: Address: 3.3 S L .Lj.tti 6(A br 'lJF APPL IDUAL ORGANIZING ' Phone: { p 51 -1 /06 - 4/ / ? 4 7 Alternative Phone: EVENT) Fax: to S - 4 /01 ( o - Email: Name of individual w 9 responsible for event: P AII - VeA c — �� e1/`� 15 G{_C Fe_ Contact phone Address: s q 7 r-D /„Gx r. - ,"during the event: (��f 0 - n t099 EVENT Phone: &9 - - b g_ Alternative Phone: CONTACT INFORMATION* Fax: Email: Pm 1a1c_/N E , ec - 4g . f! "SA.) -C * This person must be present at all times during the event and act as the on -site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition imposed by the permit and Section 10.31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use. The permit shall be presented to any City official or law enforcement officer upon demand. Address of event: 3 C o L, /.A me 1, �j; L Purpose of event: Date(s) of event & EVENT day(s) of the week: c3A ab DETAILS Times of event: Start: s ' 0� /''t Finish: 00 AM Set up begins at: Take down completed �p / Time) �' Q by: / Time) ! 44- o-0 ply (Date (Date Maximum number of people in attendance on any day: ! Z/ 2011 SOUND AMPLIFICATION PERMIT Page 1 of 3 /�y Description of electronic sound system or audio equipment: � 0 00000GR- 7— Type of sound to be generated (live music, recorded music, announcements, speeches, etc): 90b6 C w-'ej-41i Sound will be generated during these hours each 6-r & wits tfc�' day: Name of contractor/ individual responsible for sound: C0Jr�A-LTWe 7�L> — Address: Lib 65 3 as (" l�rA) Phone: Alternative Phone: Will there be hired speakers / performers at the event? ❑ Yes ❑ No If yes, name individuals Description of entertainment to be provided: /.[Cg -4 L /trF� OArC4 (L& 1 'x- Nariie Address V City / State / Zip A � C) IU � V J S S ame Address City / State / Zip Name Address City / State / Zip Will food or alcohol be served at the event? - Yes ❑ No NOTE: Additional Permits may be necessary If yes, describe: Fbob TM bu.+ rxO T.aV sQS_%j Yek%r tail /E Describe the event in detail. Lj c16.— lAdsaSI c., AA& /A/4CA e_" AA 6 '60 -- f sot �_tW�ic. rW- doe c ►-0T_ NNost Lrk-IC-L; SE"/AVG Foa.� ® Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid / relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel. NOTE: Additional Permits may be necessary I/ 2011 SOUND AMPLIFICATION PERMIT Page 2 of 3 List the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. U�t�t co N 4►�rinwS o f IPs✓ri2uv�i The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. I have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment) and will familiarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and agree to comply with Eagan, MN laws regulating noise and electronic sound systems / audio equipment use after 10:OOPM, and all other City Codes and State laws. X Izrc5e 6k 1115heCk rn Applicant's Printed Name plicant's Signature 4- Z.3 --t( Date FOR CITY OFFICE USE ONLY Character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used: NO RT14 �, EA 5T - I I&L 1)VSM I PrL ` W&� ST - 60511VESS PA P K SwT14 - rU uri FAwiy - ( RCS[ DeAM 4L I Pogue FRCLUTq t UAC..KK3 - r PPoPMT Beat: SQ Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality or government agency during the last five years? �E5 Permit reviewed by: < Comm ity velop t P Approved by City Council: Date n 2011 SOUND AMPLIFICATION PERMIT Page 3 of 3 aV J � V 00 0 V) 00 0 0 0 L Z Li C a 4 , In LLJ C) O O - 7 0 V) X < I I O SITE PLAN W lip ! 3 / i, 1 J " i,a. ?A•4KW... �u e��.vP�'tc� .t�� v ov X r •� � �,� J 3 A �� . r f a,` `�, - raw i �. § r ° @� � . _ •. ` ,1' . �• � :8 � i . � ' 'v ° f . t � Ili a �` � ` n • W - - Ik- °• a+ j . _✓' - ! a � N g F - yob. _ h , h ° 1 k + i• �y .� 50 dB T J �` Subjgct Sit 11 ME % I J �'O 3 I �. � a 'r Ali � � �i�- ►•� -t•3 �� ` _ 4'��'•' �'''i v�1''� q, a e �� : '� � y � ,�, �� :- �•. . -� �� '.:. -`�• ��. �,�s'�'�`S , i � off!, 1 Z 1 I '•>'* \ N� 11 -'++ � � � f. '�! S ! S �� ! `'�� , r� ..:. a l`� _. ♦!/ i 'S l �► l . • —...�. � � C 4 �. v _ � �..E � � � a a�� `fb �� di � 4 } �i 1 ��`W'�" �r�� .�• �¢x • 1 � � f � � $ Z' T1 t �l 1 ��'. ! i f � 1 . ��,> � Y ♦ !• f t. t'a'1�'• ":W' V\ �' - • i.. � lam. � � � Va �..• fii, � ... - >� �� "' � 7} s J t 3 ` - a �� Ir � k +t '�+f� • { • �:. ss �� q �o Agenda Information Memo July 19, 2011, Eagan City Council Meeting E. MCDONALD'S REMODEL —1351 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve a double drive - through for the Town Centre McDonald's located at 1351 Town Centre Drive. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Town Centre McDonald's was initially constructed in 1993. ➢ In 1992, a CUP was approved for the property allowing a Class II restaurant with drive - through service. ➢ The City recently received a building permit application proposing to remodel and update the building and the site. ➢ The double drive - through configuration does not add additional impervious surface and will replace the Site Plan approved in 1992. ➢ The primary site modification adds a second approach and order lane for the drive - through service, and installs new menu boards off the northeast corner of the building. ➢ Building modifications include eliminating the existing mansard roof, adding new architectural features, introducing an EFIS material on the upper portions of the building and extending brick upward on certain architectural features of the building. ➢ The proposed site modifications should improve internal site circulation and eliminate stacking back -ups onto the right -of -way at peak use times. ➢ The proposed building modifications follow other updates in the area that began several years ago with facade improvements to the Rainbow Foods and Town Centre shopping center. Also, earlier this year Taco Bell received approval to build a new restaurant on the Pizza Hut site. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Not applicable ATTACHMENTS (2): Location Map, on page-S), L/ Proposed Site Plan and Elevations pages3_ � through;? o W Central Park Park N i� vv � 11111 �� ■11111111 '' •.• „• ■ v r m r r c r D O c T r D Z I 4 J. a z a € $ A B •- s M`g'� i G 1 p�E Ep e IN 3 a lie G D N La W3 a /y � " ` McDonald'$ USA, LL C `"ti � „ `". ^,,, �� ^';'a ,`"„ McDONALD'S RESTAURANT 2011 MAJOR REMODEL PROGRAM St.t. Sit. CaEI: 022 -0229 W N— b-12571 1331 TOWN CENTRE DR. EAGAN, MINNESOTA ° °' " "� > TMs" wn[ __ i •' EE! D & ` �� €� � DESIGN ,i � �� A JOXI,SwI THRU LAYOUT PLAN W3 arms McDONALD'S RESTAURANT 2 E 4 McDonald'$ USA, LLC e p- S D N Scat, Slta Cod.: 022 -0229 N°t'1 Numb.,:12571 1351 TOWN CENTRE DR. EAGAN, MINNESOTA ` ". ", ", ", � � I'1'I'I 1,1,1,1,1,1,1,1,1 • �-- EXTERIOR ELEVATIONS e : � • �, 1 � �' ^ � � , C i _ .' 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' I 1 11111x1111111111xxxxx • r Y arms McDONALD'S RESTAURANT 2 E 4 McDonald'$ USA, LLC 2011 MAJOR REMODEL PROGRAM p- S D N Scat, Slta Cod.: 022 -0229 N°t'1 Numb.,:12571 1351 TOWN CENTRE DR. EAGAN, MINNESOTA rFage ,�• Cep$ D E S I G N _ " ° " ° "" " °' ° " " " ° " " ° "" EXTERIOR ELEVATIONS ° arms Agenda Memo July 19, 2011 Regular City Council Meeting F. APPROVE resolution to accept a $1,000 donation from Sam's Club for 2011 community events and approve any necessary changes to the 2011 budget. ACTION TO BE CONSIDERED: Adopt a resolution to accept a $1,000 donation from Sam's Club for 2011 community events and approve any necessary changes to the budget. FACTS: • Staff was recently notified that the Eagan Sam's Club store was donating $1,000 to the City of Eagan. • Sam's Club has expressed an interest in participating financially to events that benefit the community. • Parks and Recreation coordinates several events during the year that are open and available to community residents and will use the donation to enhance those events. ATTACHMENTS: Copy of Resolution on Pag Wh CITY OF EAGAN RESOLUTION TO ACCEPT A $1,000 DONATION FROM SAM'S CLUB WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year for the community to participate in; and WHEREAS, the Eagan Sam's Club has expressed an interest in partnering with Eagan Parks and Recreation to support their 2011 community events; and WHEREAS, the Eagan Sam's Club has offered to donate $1,000 to support various community events offered through Parks and Recreation; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $1,000 donation from the Eagan Sam's Club to help support 2011 community events. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19 day of July, 2011. City Clerk Agenda Memo July 19, 2011 Regular City Council Meeting CONSENT AGENDA: G. Award Bid Replacement Fire Engine. ACTION TO BE CONSIDERED: FACTS: Award bid for construction of a replacement fire engine. At the June 21" City Council Meeting, Council authorized the Fire Department to advertise for bids to replace a 1988 Fire Engine (unit 1220) for 2012. The replacement fire engine specification included a articulating, elevated water -way. There are only a handful of companies that produce this option. The water -way would give us an inexpensive way (when compared to a ladder truck cost) to add a third elevated water stream to our fleet and the articulating portion would add a tool that we have never had. The articulating water way allows us to reach areas not accessible with a fixed, straight ladder device. • Our last ISO rating recommended a third elevated water way. • We only received one bid for this truck and it was from Pierce Fire Apparatus in Appleton Wisconsin. • Unit 1220 is proposed for replacement in the 2012 CIP budget and has a Vehicle Condition Index of 21 which places it in the "needs immediate consideration" category. This is the last 1980's vintage fire apparatus. • This proposal includes a $10,000 discount for allowing the truck to be on display at the Nation's largest fire department training conferences — Fire Department Instructors Conference (FDIC) held each April in Indianapolis. • Pierce's proposal includes the option to trade in our 1988 fire engine for $30,000. We have sold four 1980 fire engines over the past 4 years for a value of. $5,521, $21,000, $25,000 and $41,211 (next highest bid on this truck was $26,586). We feel the $30,000 offer is a fair offer. • The Fire Departments Truck Committee has reviewed the proposal from Pierce and has indicated that the proposal meets our request. • We are recommending that the Council authorize the award of the contract to purchase the fire engine for a total cost of $567,413 which is outlined below: • Unit price for truck $593,000 • Option of a replacement hydraulic Rescue tool $14,413 • Discount for allowing truck to be displayed at FDIC conference: ($10,000) • Discount for trading in the current 1988 fire engine: ($30,000) • Total cost: $567,413 • The price includes the loose equipment for the truck. This replaces the equipment that was original with the 1988 Fire Engine. • The new truck would be delivered after the FDIC conference in April of 2012. NMI s • Funding for this fire engine will come from the City's Fire Apparatus Revolving Fund as approved by the city Council in late 2007. Equipment Certificates will be sold to provide the cash flow for this purchase. ATTACHMENTS: None �1 Agenda Information Memo July 19, 2011 Eagan City Council Meeting H. PROJECT 1016R, AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Property Acquisition Settlement Agreement for Project 1016R (Ames Crossing Rd — Street & Utility Improvements) with the owners of Parcel No. 10- 00100 - 020 -10 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 1016R provides for street and utility improvements to connect the north and south portions of Ames Crossing Road providing a continuous street connection between Lone Oak Road and O'Neill Drive to serve the adjacent developments and the surrounding area in northeast Eagan. • On March 2, 2010, the City Council approved City Project 1016 R, including the acquisition of all necessary easements, through quick -take eminent domain process, if necessary. • On March 1, 2011, the City Council awarded the contract to Enebak Construction Company, anticipating a construction start after May 1. • The street and utility improvements associated with Ames Crossing Road require the acquisition of significant permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. As a result of the condemnation negotiations, the City Attorney's office reached a settlement with the property owners for both the acquisition amount of the easements (in concurrence with the Council's authorized directive), and an agreement on the proposed assessments associated with the benefits from this improvement. The property owners have consented to the offer with a stipulation that the easement payment will be credited towards the final assessment for the improvements. The City Council had also indicated concurrence with this proposed condition. • An agreement between the City of Eagan and the owners of Parcel 10- 00100 - 020 -10 (Cole Property) have been prepared addressing the easement acquisition cost and assessment waiver and forwarded to them for execution. If the agreement has not been fully executed by the Council meeting, staff will request that this item be pulled from consideration and continued to a future meeting. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. s) Agenda Information Memo July 19, 2011 Eagan City Council Meeting I. CONTRACT 09 -18, DUCKWOOD DRIVE OVERPASS BRIDGE & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 09 -18 (Duckwood Drive Overpass - Bridge & Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09 -18 provides for the extension of Duckwood Drive, connecting Federal Drive with Pilot Knob Road, over I -35E as a new grade separated crossing (overpass). Contract 09 -18 also includes reconfiguration of the existing intersection of Pilot Knob Road and Duckwood Drive, including the traffic signal, modification to the right -turn lane for the northbound I -35E ramp from Pilot Knob Road, and bituminous trails on both sides of Duckwood Drive. • On April 5, 2011, the City Council awarded the bid for Contract 09 -18 for the bridge, street and associated improvements to Lunda Construction, Inc. • Change Order #2 provides for the relocation of the City owned fiber optic line that exists on the west side of 1 -35E, along Federal Drive. The overpass project includes the realignment of Federal Drive to intersect the Duckwood Drive extension on the west side of the new bridge. The site grading and street design did not anticipate the impact to the City's fiber optic line in this location. The lowering of this existing fiber optic line is required opt maintain sufficient cover from the new street grade elevation. The City's fiber optic sub- contractor will complete the work in lieu of the project contractor due to its technical familiarity with the proposed work (ADD $10, 451.02). • The change order provides for a total ADD of $10,451.02 (0.2% of original contract). The cost of this additional work is being reviewed internally and a recommended funding source will be provided to the Council prior to consideration of this action. • The change order has been reviewed by Information Technology and the Engineering Division and found to be in order for favorable Council action. -3 43� Agenda Information Memo July 19, 2011, Eagan City Council Meeting J. APPROVE TREE MAINTENANCE CONTRACTOR LICENSE WRIGHT TREE SERVICE, INC. ACTION TO BE CONSIDERED: To approve a Tree Maintenance Contractor License for Wright Tree Service, Inc., PO Box 1718, Des Moines, Iowa. FACTS: ➢ Wright Tree Service, Inc., has applied for a Tree Maintenance Contractor License for 2011. All requirements of the application have been met and the fee has been paid. ➢ Staff recommends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) 3-3 Agenda Information Memo July 19, 2011, Eagan City Council Meeting K. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL SEPTEMBERFEST FUNDRAISER ON SEPTEMBER 17, 2011. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Septemberfest Fundraiser on September 17, 2011. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for a Septemberfest event planned for September 17, 2011. The event will be held at the school grounds, located at 3355 Columbia Drive. The event is a fundraiser for the non - profit school. ➢ Faithful Shepherd Catholic School has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): ➢ Letter enclosed on page . (The complete application is available from the Office of the City Clerk.) FAITHFUL SHEPHERD Where edurationd excellence and God e gi f&i are awakened. 3355 Columbia Drive Eagan, Minnesota 55121 Phone 651,406,4747 wwu•.fscsmn.org June 23, 2011 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license for the weekend of September 17, 2011. We are holding our seventh annual "Septemberfest" at Faithful Shepherd Catholic School and Tri-Parish Center. The purpose of "Septemberfest" is fundraising. All proceeds from the event will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. Our site plan and security plan is attached. In order to address the noise issues of last year, we are changing the layout this year. The stage will be on the opposite end of the canopy so that the noise will be projected to the North East. If you have any questions, I can be reached at 651 -592 -3627. Thank you for your consideration. Respectfully submitted, Patrice Weinberger, Septemberfest Chair 2011 Faithful Shepherd Catholic School "Septemberfest" faithful Shepherd Catholic School and Tri- Parish Center • Serving the parishes of St John Neumann, St Peter and St Thomas Becket 35— Agenda Information Memo July 19, 2011 Eagan City Council Meeting A. ORDINANCE AMENDMENT, FEE SCHEDULE CHANGE, AND SERVICE AGREEMENT FOR INSPECTIONS TO PROVIDE ELECTRICAL INSPECTIONS ACTION TO BE CONSIDERED: 1) To approve an amendment of City Code Chapter 4 to authorize the City to Provide Electrical Inspections. 2) To approve an addition to the City Fee Schedule for electrical permits. 3) To approve a Service Agreement with Mark Anderson to perform the inspections. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Electrical wiring requires inspections to verify compliance with the Minnesota Electrical Code and The National Electric Code. ➢ Until July 1 2011 The State of Minnesota was issuing electrical permits and performing inspections in Eagan. ➢ Construction projects in the City are being delayed because these vital inspections are not being performed. ➢ Mn. Statute 326B grants political subdivisions the authority to provide electrical inspections through the adoption of an ordinance. ➢ On July 5, 2011 the Eagan City Council directed staff to prepare an ordinance to provide Electrical Inspections, to prepare a service agreement for those inspections and change the fee schedule to address the electrical permit fees. At the present time, it is anticipated that the City would rescind the ordinance and return to the previous service method once the state shutdown is ended. ➢ Since October 1997, Mark Anderson has been performing Electrical Inspections in Eagan and other Municipalities in Dakota County on contractual bases for The State of Minnesota. He is available to provide these services under the proposed agreement. ➢ If the State budget settlement is enacted, this item will be taken off the agenda. ATTACHMENTS: ➢ Proposed Ordinance Amendment on page t s hrough�� ➢ Proposed Fee Schedule on page9q0t? ➢ Proposed Service Agreement on pages 5- ➢ Background article on pages through WWWRI ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER FOUR, ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY ADDING SECTION 4.07 REGARDING INSPECTION OF ELECTRICAL INSTALLATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND ECTION 4.99. The City Council of the City of Eagan does ordain: Section 1 . Eagan City Code Chapter Four is hereby amended by adding Section 4.07 to read as follows: Sec. 4.07 Inspection of electrical installations required. Subd. 1. Definitions. A. Defective work means electrical work that is not in compliance with the National Electrical Code, this section, and the Minnesota Electrical Act. B. Electrical Inspector means the designated individual employed or under contract with the city to conduct electrical inspections required by this section. C. Electrical work means the installing, altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment for electrical light, heat, power, technology circuits or systems, or other purposes, including but not limited to, the performance of any work regulated by the Minnesota Electrical Act and all orders, rules and regulations issued by the authority thereof. Subd. 2. Inspections. The city hereby provides for the inspection of all electrical installations, pursuant to the Minnesota Electrical Act. All electrical inspections shall be subject to and in conformance with the requirements and provisions of the Minnesota Electrical Act and as set forth in this section. A. Any electrical work for which a permit is required under this chapter shall be inspected by the Electrical Inspector. Inspection of electrical work shall be as required in the National Electrical Code and as required by the city's Chief Building Official in the event of any compliance issues. B. All electrical work which is to be concealed from direct viewing shall have a "rough - in" inspection performed prior to concealment. The electrical work shall not be concealed until the Electrical Inspector has approved the work. C. If any electrical work is found, upon inspection, to be not in accordance with the National Electrical Code, this section, or the Minnesota Electrical Act, the Electrical J-7 Inspector shall post at the location of the inspection a written notice stating the existence of defective work and directing that such electrical work be brought into compliance with the National Electrical Code, this section, and the Minnesota Electrical Act. If the electrical work or any noncompliant part thereof, poses an imminent safety hazard or threat of endangerment to human life and property, the city's Chief Building Official, or designated inspector, may order the immediate disconnection of electrical service to the defective work. The Electrical Inspector's work to be brought into compliance with the National Electrical Code, this section, and the Minnesota Electrical Act prior to disconnection. Subd. 3. Electrical Inspector. A. Generally. The city shall designate the Electrical Inspector who may be either employed or under contract with the city. The Electrical Inspector shall be under the authority of the city's Chief Building Official. The Electrical Inspector shall meet the qualification standards required by the Minnesota Electrical Act. B. Duties. It shall be the duty of the Electrical Inspector to enforce the provisions of this chapter and make the inspections of electrical work as provided in this section. The Electrical Inspector shall keep complete records of all inspections made and other official work performed in accordance with the provisions of this section and shall provide copies of the same to the city. C. Authority. The Electrical Inspector shall have the right during reasonable hours to enter any building or premises in the discharge of official duties, or for the purpose of making any inspection, re- inspection or test of electrical equipment contained therein or its installation. In accordance with other provisions of this section, the Electrical Inspector shall have the authority to order the discontinuance of electrical service to electrical equipment found to be not in compliance with the National Electrical Code, the Minnesota Electrical Act, or this section. Subd. 4. Fees. No inspection shall occur unless and until the property owner, contractor, or other person responsible for requesting an inspection pays to the city the proper inspection fee(s) as established by resolution of the city council. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 4 VIM ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 3 CITY OF EAGAN City Council By: Mike Maguire Its: Mayor -39 INSPECTION FEES /PERMITS Electrical permits: 0 -400 Amp Power Source 401 -800 Amp Power Source Over 800 Amp Power Source 0 -200 Amp Circuit or Feeder Over 200 Amp Circuit or Feeder New One or Two Family Dwelling (up to 30 circuits or feeders per unit) New One or Two Family Dwelling (additional circuits over 30 unit) Existing One or Two Family Dwelling (where more than 15 feeders or circuits are installed or extended per unit) Existing One or Two Family Dwelling (where less than 15 feeders or circuits are installed or extended per unit) Over 600 Volts 0 -400 Amp Power Source 401 -800 Amp Power Source Over 800 Amp Power Source 0 -200 Amp Circuit or Feeder Over 200 Amp Circuit or Feeder New Multi - Family Dwelling (up to 20 circuits and feeders per unit) New Multi - Family Dwelling Unit (additional circuits over 20 units) Existing Multi - Family Dwelling Unit (where more than 10 feeders or circuits are installed or extended per unit) Existing Multi - Family Dwelling (where less than 10 feeders or circuits are installed or extended per unit) Reconnected Existing Circuit or Feeder (for panel board replacements) Separate bonding inspections Inspection of concrete - encased grounding electrode Technology circuits less than 50 volts Additional inspection trip(s) Minnesota State Surcharge Fee Acct Code $ 40.00 per source 0801.4086 60.00 per source " 100.00 per source " 6.00 per feeder or circuit " 15.00 per feeder or circuit " 100.00 per dwelling unit " 6.00 dwelling unit " 100.00 per dwelling unit " 6.00 per feeder or circuit " 70.00 per source 0801.4086 120.00 per source " 200.00 per source " 12.00 per feeder or circuit " 30.00 per feeder or circuit " 70.00 per unit 0801.4086 6.00 per feeder or circuit " 70.00 per unit " 6.00 per feeder or circuit " 2.00 per feeder or circuit 0801.4086 40.00 per inspection 0801.4086 40.00 per inspection 0801.4086 0.75 per device or apparatus 0801.4086 40.00 per inspection 0801.4086 5.00 per permit 9001.2195 PROFESSIONAL SERVICES AGREEMENT FOR INSPECTION OF ELECTRICAL INSTALLATIONS THIS AGREEMENT is made this day of July, 2011, by and between the City of Eagan, a Minnesota municipal corporation ( "City ") and M.A. Anderson, Inc., a Minnesota corporation ( "Contractor "), to set forth the terms and conditions pursuant to which Contractor may, from time to time, provide City with professional services (the "Services ") consisting of inspection of electrical installations within the City of Eagan (each individually a "Project "). In consideration of the mutual covenants and agreements herein contained, City and Contractor hereby agree as follows: 1. Responsibilities of Contractor. 1.1 Services. Upon receipt of a request from the holder of an electrical permit, Contractor shall perform the Services pursuant to the terms of this Agreement. If Contractor is unwilling or unable to perform the requested Services, Contractor shall promptly notify the holder of the electrical permit and City. 1.2 Performance Standards. Contractor shall provide its Services in a professional manner that is consistent with the degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality. Contractor shall comply with all applicable laws, regulations and ordinances and with inspection procedures established by the City. 1.3 Qualifications of Electrical Inspectors. Contractor represents and warrants to City that every person performing Services under this Agreement shall meet the following qualifications: pursuant to Minn. Stat. § 32613.36, Subd. 6, each electrical inspector shall be a licensed master or journeyman electrician under Minn. Stat. § 32613.33, Subd. 1, paragraph (1), or Subd. 2, paragraph (b), and shall not otherwise engage or be employed in the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes and shall have no financial interest in any concern engaged in any such business. 1.4 Time for Performance of Services. An electrical inspector employed by Contractor shall be available to perform the Services as needed between 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding days on which the Eagan Municipal Center is closed ( "Holidays "). Generally, the Services shall be completed within forty -eight (48) hours after receipt of a request from the holder of an electrical permit, excluding weekends and Holidays. Contractor shall perform the Services as required by the progress and nature of the Project. 1.5 Coordination. Contractor shall coordinate its Services with the services provided by others relative to the Project. 1.6 Failure to Pass Inspection. If any Project does not pass inspection, Contractor shall notify the Project contractor, the property owner and the City of the specific findings of the inspection on the date of such inspection, and perform follow -up inspections as needed to obtain compliance. 41 1.7 Reporting. Contractor shall prepare and submit to the appropriate authorities any and all documents and information required by the City or by City ordinance, state law or federal law. 1.8 Ownership of Work Product. The work product of Contractor's Services pursuant to this Agreement, including all documents and information, shall be the property of City. Notwithstanding any provision in this Agreement to the contrary, the City shall not be obligated to pay Contractor for any Services under this Agreement until Contractor delivers all related inspection records and documents to the City. 1.9 Agreement Not Exclusive. This Agreement shall not preclude the City from engaging any other person or entity to perform inspection of electrical installations, nor shall this Agreement preclude Contractor from providing similar or related services for any other entity. However, the particular services Contractor performs for the City shall be for the exclusive benefit of the City and not for the benefit of any other entity. 1.10 No Office Provided. Contractor will supply its own office facility, if one is needed. 2. Indemnification and Insurance. 2.1 Indemnification. Contractor shall indemnify, defend and hold City harmless from and against all liabilities, claims, damages, losses and expense, including reasonable attorneys' fees, arising out of or resulting from the performance of the Services. 2.2 Insurance. Contractor shall keep and maintain the following insurance coverages: 2.2.1 Workers Compensation Insurance. Contractor shall maintain workers compensation insurance with following limits or with the minimum limits required by law, if greater: Coverage A: Statutory Coverage B: $1,000,000 Bodily Injury by accident Each accident $1,000,000 Bodily Injury by disease Policy limit $1,000,000 Bodily Injury by disease Each employee 2.2.2 General Liability Insurance. Contractor shall maintain general liability insurance with coverage to include: Premises /Operations, Completed Operations and Contractual Liability (to cover the indemnification provision in paragraph 2.1 of this Agreement). Limits of coverage shall not be less than: $1,000,000 Per occurrence $2,000,000 Aggregate 2.2.3 Automobile Insurance. Contractor shall maintain automobile liability insurance to include all owned autos (private passenger and other than private passenger), hired and nonowned vehicles. Limits of coverage shall not be less than: $1,000,000 Per occurrence 2 4 6-� 2.2.4 Errors and Omissions. Contractor shall maintain errors and omissions /professional liability insurance. The limit of coverage shall not be less than $1,000,000. 2.2.5 Umbrella Insurance. Contractor shall maintain umbrella/excess limits insurance in an amount not less than $1,000,000. 2.3 Evidence of Insurance. The above insurance shall be maintained in companies lawfully authorized to do business in Minnesota and which are reasonably acceptable to City. The City shall be listed as an additional insured on the insurance policies, excluding the workers' compensation insurance policy. Contractor shall furnish City with certificates reflecting such insurance (ACORD form or equivalent) to be in force as long as this agreement remains in effect and providing that said insurance will not be canceled or materially changed without written notice to City. 2.4 Health and Safety. Contractor will take all necessary precautions and meet all legal requirements for the health and safety of all its employees on the Project and all other persons who may be affected by the Services. This requirement will apply continuously and is not limited to normal working hours. 3. Responsibilities of City. 3.1 Compensation. City will pay compensation to Contractor for the Services performed, after the Project passes final electrical inspection. The amount of compensation shall be equal to seventy -five percent (75 %) of the corresponding electrical permit fees, excluding any City administrative fees and state surcharges. Contractor shall submit itemized invoices not more than two (2) times per month, listing the electrical permit numbers and the corresponding date(s) that each Project passed final electrical inspection. City shall make payment to Contractor within twenty (20) days after receipt of each invoice. Contractor shall be responsible for all other expenses, including, but not limited to, transportation, materials, equipment, labor and insurance costs and tax obligations. 3.2 Administration. The City shall perform the following administrative functions in connection with the Services, at the City's cost: 3.2.1 Issue electrical permits; 3.2.2 Provide inspection approval stickers; 3.2.3 Provide correction notices; and 3.2.4 Maintain permit records. 22 3 71 J 4. Miscellaneous. 4.1 Entire Agreement. The terms and conditions set forth herein constitute the entire understanding of the parties relating to the provision of the Services by Contractor to City. This Agreement may be amended only by a written instrument signed by both parties. 4.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any action to enforce this Agreement shall be venued in Minnesota District Court in Dakota County, Minnesota. 4.3 Assignment Prohibited. This Agreement may not be assigned by Contractor or City without the prior written consent of the other party. 4.4 Subcontracting Prohibited. Contractor may not subcontract with any person or entity for performance of any Services under this Agreement. 4.5 Term. The term of this Agreement shall commence on the date of execution of this Agreement and shall expire on July 1, 2014, subject to renewal by the parties. 4.6 Termination. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail to perform in accordance with the terms hereof, provided such failure is not cured within such seven (7) day period. City may terminate this Agreement for convenience at any time, in which event Contractor shall be compensated in accordance with the terms hereof for Services performed and reimbursable expenses incurred prior to its receipt of written notice of termination from City. 4.7 Force Majeure. Neither party shall be liable for damages or deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, strikes or lock -outs, and changes in laws, statutes, regulations, or ordinances. 4.8 Audit. Under Minn. Stat. §§ 6.551 and 16C.05, subd. 5, Contractor's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the City, Legislative Auditor, and/or State Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Contractor shall maintain its books, records and documents for at least six (6) years. 4.9 Severability. Should a court of law determine that any clause or section of this Agreement is invalid, all other clauses or sections shall remain in effect. [Signature page follows] Y+ IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be duly executed. M.A. Anderson, Inc. By: Mark A. Anderson Date Its: CITY OF EAGAN By: Mike Maguire Date Its: Mayor By: Christina M. Scipioni Date Its: City Clerk APPROVED AS TO FORM: IN Eagan City Attorney 5 Finance & Commerce > Print > Shutdown impact: Some cities take over electrical inspect... Page 1 of 3 Finance & Commerce / /fina - commerce.com Shutdown impact: Some cities take over electrical inspections by Brian Johnson Published: July 11th, 2011 Tony Enger has seen firsthand what the state government shutdown can do to a seemingly routine project. Enger's company, Harrison Electric in Plymouth, got a call Monday morning to help a Robbinsdale homeowner who lost electrical power after an overnight storm took down some power lines. Doing the repairs wasn't a problem. But Xcel Energy cannot hook up the power again until an electrical inspector signs off on the project, Enger explained. Like many cities, Robbinsdale relies on state electrical inspections that have not been available since most state services went dark July 1. So the homeowner was still in the dark and powerless as of Monday afternoon, even though the repair crews acted quickly. "What do you tell a homeowner who says, 'My food is going to start spoiling in about two hours' ?" Enger said. Like Robbinsdale, about two- thirds of the cities in the five - county metro area use state electrical inspectors, Enger said. But the shutdown has prompted some cities to take matters into their own hands. And last Friday, the League of Minnesota Cities told members in an email message how to work around the shutdown. Under state law, new electrical installations have to be inspected to make sure they are safe for life and property, and the state usually performs such inspections, according to the League of Minnesota Cities. However, state law also allows cities to pass an ordinance allowing them to take over inspections within their jurisdiction, as long as the inspections are performed by a state - licensed master or journeyman electrician, the league noted. Minneapolis, Edina and Andover are among the cities that have already passed such ordinances, and others are considering the move. "I know of a number who were moving in that direction," said Tom Grundhoefer, general counsel for the League of Minnesota Cities. "The big reason some cities are jumping into it, they have construction projects that are presumably on hold until some of these electrical and plumbing inspectors can get going." Marcia Glick, Robbinsdale's city manager, said the city council will consider an emergency ordinance Tuesday night that would allow the city to perform such inspections in an emergency. If approved, the ordinance could take effect as soon as Thursday morning, she said. A sample ordinance from the League of Minnesota Cities includes a sunset provision, but TV http: / /finance- commerce. com /wp- content/plugins /dmc_ sociable toolbar /wp- print.php ?p =3... 7/12/2011 Tony Enger, co -owner of Plymouth -based Harrison Electric, checks a downed power line with a touchless volt meter Monday in the 3000 block of North Zenith in Robbinsdale. Xcel Energy cannot reconnect the power to the home until an electrical inspector signs off on the project, a duty that state contractors performed until the shutdown. (Staff photo: Bill Klotz) Finance & Commerce > Print > Shutdown impact: Some cities take over electrical inspect... Page 2 of 3 Andover, which passed its ordinance last Wednesday, chose to remove that clause. "We decided if we are going to go forward, we are going to control our own destiny," said Jim Dickinson, Andover's city administrator. Dickinson said that the city has heard from builders who had projects in limbo because of the inability to get a state electrical inspection and that future projects are at risk of being held up. "We also felt it had to do with being competitive. We don't want to see our contractors picking up and going somewhere else," Dickinson said. Edina passed its ordinance June 21, but it did so with the intention of returning to state - issued permits and inspections after the shutdown is resolved. Edina City Manager Scott Neal said at the June 21 council meeting that the city does not intend to "get into this business for the long term," at least not yet. But for now, the shutdown will cause problems for residents, "and this is an easy way to mitigate that problem," he said, adding that the move would be at worst a break -even proposition for the city from a cost standpoint. "At minimum, the cost and the benefit will be matched up," he said. With a staff of five inspectors who work in the field full time, Edina does 1,100 to 1,300 inspections a month, said Steve Kirchman, the city's chief building official. Kirchman said the city will use contract inspectors who worked with the state. The new workload may involve some "extra data entry," but "other than that it doesn't really affect our day -to -day operations," he said. So far, the city has issued 30 electrical permits that normally would be issued by the state, Kirchman said. The ordinance, he said, "just enables us to continue to provide good service to the public." "In many cases it's critical that these inspections get done," he added. "Otherwise people can't move into their homes, and businesses can't occupy their space." Scott Nutting, president of the Contract Electrical Inspectors Association of Minnesota, said that the state retains 10 to 15 percent of the fee from each inspection it performs and that it will lose that revenue as the shutdown lingers. Moreover, the shutdown is setting back an initiative that is designed to streamline and hasten the process of performing electrical inspections throughout the state. "I am assuming it is going to set it back three months," Nutting said. The Minnesota Department of Labor and Industry (DOLI) receives about 110,000 requests for electrical inspections every year and employs 14 people to handle those requests, DOLI spokesman James Honerman told F &C last June. Enger, of Harrison Electric, said the problem goes beyond emergency situations like the one he responded to in Robbinsdale. Remodeling projects cannot begin or are stuck in limbo, he said. Crews cannot install Sheetrock until they get the electrical work inspected, which leaves homeowners with half - remodeled homes or no certificate of occupancy for a new home, he noted. "There are so many ramifications," he said. The League of Minnesota Cities report is available here Complete URL: http:// finance - commerce.com /2011/07/ shutdown- impact- some - cities- take - over- electrical- inspections/ 4 http: / /finance- commerce. com /wp- content/plugins /dmc_ sociable toolbar /wp- print.php ?p =3... 7/12/2011 Agenda Information Memo July 19, 2011 City Council Meeting B. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To Approve an Ordinance Amendment to Chapter 11, Section 11.50, Subd. 3, relating to the City's Variance authority. FACTS: ➢ A Minnesota Supreme Court ruling in 2010 restricted the authority municipalities had in granting Variances. Subsequently, the City has not entertained any Variance requests since that time. ➢ The 2011 Legislative session produced a revised statute that modifies the circumstances under which a municipality may grant a Variance. The Governor has since signed the legislation into law. The City Attorney is recommending that the City amend the City Code to reflect the standards established in the new legislation. ➢ The APC held a Public Hearing on June 28, 2011 and they are recommending approval. ATTACHMENTS: (2) June 28, 2011 Draft APC minutes on page T _ Staff report and draft ordinance on pages through o FM Advisory Planning Commission June 28, 2011 Page 11 of 12 F. Ordinance Amendment - Variance Applicant Name:City of Eagan Application: Ordinance Amendment An Ordinance Amendment to Chapter 11 regarding City variance authority. File Number: 01- OR- 09 -05 -11 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated June 23, 2011. He noted the background and history. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the pob4- bearing and turned the discussion back to the Commission. Member Piper asked the City Attorney if the sentence iry Section 2 shouCd changed from "and" to "or" in reference to the zoning and comprehensive' plan. Mr. Baud stated his office would look into the suggestion prior to the City G0pncil meeting. Member Filipi moved, Member Jansma seconded a 'm' ion to , recommend approval of an Ordinance Amendment to Chapter 11, Section 11.50; '§06d. 3, relating to the "City's Variance q.q PLANNING REPORT CITY OF EAGAN REPORT DATE: June 23, 2011 APPLICANT: City of Eagan PROPERTY OWNER: N/A CASE: 01- OR- 09 -05 -11 HEARING DATE: June 28, 2011 PREPARED BY: Michael J. Ridley, AICP REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section 11.50, Subd. 3, relating to the City's Variance authority. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. BACKGROUND/HISTORY A Minnesota Supreme Court ruling in 2010 restricted the authority municipalities had in granting Variances. Subsequently, the City has not entertained any Variance requests since that time. The 2011 Legislative session produced a revised statute that modifies the circumstances under which a municipality can grant a Variance. The Governor has since signed the legislation into law. The City Attorney is recommending that the City amend the City Code to reflect the standards established in the new legislation. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Section 11.50, Subd. 3, relating to the City's Variance authority 5C) ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.50, SUBDIVISION 3, REGARDING VARIANCES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1 . Eagan City Code Chapter Eleven is hereby amended by revising Section 11.50, Subd. 3(A), to read as follows: Subd. 3. Variances. A. Purpose and scope of application The council may grant variances from the strict application of the provisions of the applicable Code provisions and impose conditions and safeguards in the variances so granted where practical difficulties or- pa#iettl hardships result from carrying out the strict letter of the regulations of such Code provisions. "Practical difficulties," as used in connection with the granting of a variance. means that the ant)licant monoses to use the nrot)ertv in a reasonable manner not permitted by the zoning_ provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Section 2 . Eagan City Code Chapter Eleven is hereby amended by revising Section 11.50, Subd. 3(B)(3), to read as follows: 3. The city council may approve, approve with conditions or deny a request for a variance. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code and when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter the city council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have has no control. 1 b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. C. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. T4a4The granting of the variance requested will not confer on the applicant any special privilege that is denied by this seetiefi to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the har-ds itip practical difficulties f. The variance would not be materially detrimental to the purposes of this Code, or to other propertyies in the same zone. g. Whether- the The property for which the variance is requested is otherwise in compliance with the City Code. Section 3 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: By: Mike Maguire Its: Mayor 2 XIII. ADJOURNMENT Ilaee. 2