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09/06/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 6, 2011 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE - 3 11. ADOPT AGENDA 111_ RECOGNITIONS AND PRESENTATIONS c{ A. Designation of Eagan as a Yellow Ribbon City by the Minnesota National Guard IV. CONSENT AGENDA (Consent items are acted on with one motion un /ess a request is made for an item to be pu / /ed for discussion) S A. APPROVE MINUTES P': B. PERSONNEL ITEMS Q- /(p C. APPROVE Check Registers P 1 "7 D. ADOPT a Resolution stating the City of Eagan's ongoing support and intent to utilize Complete Street Principles in Transportation Planning and Community Design P -aa E. APPROVE City of Eagan Environmentally Preferable Purchasing Guidelines le.a5F. APPROVE 2011 -2012 Energy and Environment Advisory Commission Goals and Value Statements 'e--a( G. APPROVE Change Orders for Fire Safety Center Qa H. APPROVE Resolution for the cooperative purchase of election equipment in 2013 1. APPROVE Tree Maintenance Contractor License for Greenwaldt Tree Service APPROVE Off -Sale Liquor License for BK Discount Liquor, LLC DBA BK Discount Liquor, P3/ 1629 Lena Court K. APPROVE the Police Liaison Agreement between the City of Eagan and ISD 196 X35 L. DIRECT Preparation of Ordinance Amendment — Dog Regulation 4 .3/I. APPROVE Revised CRFS Agreement with Xcel Energy regarding Cedar Grove Boulevard Project �3g N_ APPROVE the Dark Fiber License Agreement between the City and the MVTA O. AWARD Contract for Contractual Snow & Ice Control Services (p' P. APPROVE Final Payment for Contract 09 -13, Duckwood Drive Extension Street & Utility Q Improvements T •�P�j Q. RECEIVE Final Assessment Report for Project No. 1039 (Wilderness Ponds — Street Overlay) and Schedule Public Hearing (October 4, 2011) P1,, R. RECEIVE Final Assessment Report for Project No. 1044 (Clearview Addition — Street Overlay) and Schedule Public Hearing (October 4, 2011) - 4 !4*S. RECEIVE Final Assessment Report for Project No. 1045 (Galaxie/ Cliff — Plaza Drive — Street Overlay) and Schedule Public Hearing (October 4, 2011) (pS T. RECEIVE Final Assessment Report for Project No. 1048 (Blue Cross Road — Street Improvements) and Schedule Public Hearing (October 4, 2011) U. APPROVE Final Payment for Contract 11 -01, City -Wide Street Overlays (Street Improvements) �� V. AUTHORIZE Preparation of Feasibility Report for Project 1083 (Beacon Hills Road — Storm Sewer Improvements) by SEH ( W. APPROVE Writer for Eagan History Book Project and AUTHORIZE preparation of Legacy Grant Application P 71 X. APPROVE revised Open Space Plan for Stonehaven development, Lennar V. PUBLIC HEARINGS VI. OLD BUSINESS 42 A. ORDINANCE AMENDMENT —An Amendment to City Code Chapter 11, Section 11.66, adopting new Floodplain Management requirements including updated FEMA Flood Rate Insurance Maps and Flood Insurance Study t a�6. REQUEST to Remove Load Limit Restrictions, Nicols Rd. (Silver Bell Rd to Burnsville) (Continued from 08- 01 -11) v VII. NEW BUSINESS 7 •��� A. CERTIFICATION of the Preliminary 2012 Budget and Property Tax Levy and setting of public meeting dates on which the Budget and Levy will be discussed {. /� B. CONDITIONAL USE PERMIT - JR's Auto - A Conditional Use Permit to allow 4 vehicles parked overnight located at 3650 Kennebec Drive �. )a� C. CONDITIONAL USE PERMIT — Suburban Landscape Service - A Conditional Use Permit to allow outdoor storage located at 3486 Dodd Road VIII. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EOA 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 X111. ADJOURNMENT City of Baran Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPPTEMBER 2, 2011 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 6, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 6, 201 1 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 6, 2011 City Council Meeting RECOGNITIONS AND PRESENTATIONS: A. DESIGNATION OF EAGAN AS A YELLOW RIBBON CITY BY THE MINNESOTA NATIONAL GUARD ACTIONS TO BE CONSIDERED: No formal action is needed. The Mayor and Council will be presented a Yellow Ribbon City proclamation from the Minnesota National Guard. FACTS: • On August 23, 2011, Eagan was officially named by Governor Dayton as a Yellow Ribbon City at a ceremony held at Inver Hills Community College. • David Denton, Master Sergeant with the Minnesota National Guard, will present the City Council with a proclamation to recognize the City's Yellow Ribbon status. • Members of the Eagan Yellow Ribbon Team, who have worked very hard over the past three years, will be present to join the Council in celebrating the Yellow Ribbon designation. • Specifically, Eagan residents Bud and Julie Johnson have led the Yellow Ribbon effort and have been instrumental in achieving the designation and overseeing the numerous Yellow Ribbon activities throughout the City. • Additionally, County Commissioners Nancy Schouweiler and Tom Egan both communicated their intent to attend the September 6 City Council meeting to be present for the recognition. • As a Yellow Ribbon City, Eagan will have the opportunity to mount "Yellow Ribbon City" signs at the entrance points into the City. • The Eagan Yellow Ribbon Committee continues to meet on the first Tuesday of each month at 6 p.m. at Eagan City Hall. The Committee is always looking for new members, and all are welcome to attend the meetings. ATTACHMENTS: • None Agenda Information Memo September 6, 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 fiu 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 August 16, 201 1 Regular City Council meeting and August 15, 201 1 Special city Council meeting as presented or modified. ATTACHMENTS: • Minutes f�the August 16, 2011 Regular City Council meeting are enclosed on pages � through — 1 Q • Minutes of the August 15, 201 1 Special City Council meeting are enclosed on pages � through � . S MINUTES OF A REGULAR MEETING OF THE C R A F T EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 16, 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. Paul Overby, an Eagan resident, asked the City Council to consider a domestic partner registration program and offered resources to assist the City in establishing such a program. Police Chief McDonald requested a change to the dog licensing ordinance for future City Council consideration. The Council directed the revised ordinance to a future City Council meeting. Police Chief McDonald noted 70 neighborhoods raised a total of 17,000 pounds of food on National Night Out. A regular meeting of the Eagan City Council was held on Monday, August 16, 201 1 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 Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Director of Parks and Recreation Johnson, Chief Building Official Schoeppner, Communications Director Garrison, City Engineer Matthys, and Fire Chief Scott. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda with the removal of Consent Item H. Aye: 5 Nay:O RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda, with Item H. being pulled from the agenda. Aye: 5 Nay: O A. It was recommended to approve the minutes of the August 1, 2011 regular City Council meeting as presented B. Personnel Items: 1. Approve hiring of Scott Nitti, Streets Maintenance Worker 2. Approve hiring of Melissa Guttormson, Utility Billing/Special Assessments Specialist 3. Approve hiring of Training /Office Support Specialist, Barbara Showalter, at the Eagan Community Center 4. Approve the reclassification of J. Hauth, Engineering Technician in the Utilities Division from Level 8 to 1 O 5. Approve Pilot Program for daytime Fire Department Duty Crew from September 201 1 up to December 201 1 with the option to renew C. It was recommended to approve the Check Registers dated July 27, 201 1 and August 4, 201 1 D. It was recommended to approve a Resolution accepting a donation from Bossardt Corp. for the Fire Safety Center Grand Opening E. It was recommended to approve an On -Sale Liquor License and Sunday License for Zest! Bar 8c Grill Restaurant LLC, doing business as Zest! Bar 8c Grill, 525 Diffley Road F. It was recommended to approve Tree Maintenance Contractor License for Specialty Tree Service G. It was recommended to approve Kennel License for Dimmen Incorporated, doing business as Four Paws Pet Resort, 4020 Old Sibley Memorial Highway H. It was recommended to approve the Dark Fiber License Agreement between the City and the MVTA — Item PULLED — to be considered at a future Council meeting I_ It was recommended to approve the final plat extension for recording the Pomroy Addition {� City Council Meeting Minutes August 16, 201 1 2 page CRAFT J. It was recommended to approve the Public Works Committee recommendation regarding civil actions as an option for Code Enforcement cases K. It was recommended to authorize preparation and execution of Agreement with Xcel Energy for City Requested Facility Surcharge (CBEs) payment method to underground utility lines at Cedar Grove L. It was recommended to approve Project Change Order in the amount of $2,000 with Quality Business Solutions for Payment Card Industry (PCI) compliance consulting services M. It was recommended to receive petition and schedule Public Hearing on September 20, 201 I to vacate drainage and utility easement on Lot 21, Block 3 Oakbrooke 5"' Addition N. It was recommended to approve change to Scope of Services — Blackhawk and Thomas Lake management plans O. It was recommended to reject bids and cancel Contract 1 1 -05, high zone water main improvements P. It was recommended to approve an amendment of the site plan to permit a minor building expansion of approximately 900 SF for the Eagan Heights Commercial Park PD for Pet Food Outlet — 1254 Town Center Drive Q. It was recommended to approve final plat extension for recording Ruth Addition R. It was recommended to approve Massage Therapy Establishment License for Teri Dale, Ambition Training Academy, LLC, 2020 Silver Bell Road, Suite 26 PUBLIC HEARINGS VACATION OF DRAINAGE 8c UTILITY EASEMENT LOT I, BLOCK 1, GOPHER EAGAN INDUSTRIAL PARK No. 3 8c No. 6 City Administrator Hedges introduced the item regarding the vacation of drainage and utility easement for Lot 1, Block 1, Gopher Eagan Industrial Park No. 3 and No. 6. City Engineer Matthys gave an overview and background on the item. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the vacation of drainage and utility easement for Lot 1, Block 1, Gopher Eagan Industrial Park No. 3 and No. 6. Aye: 5 Nay: O OLD BUSINESS APPROVE AN ORDINANCE AMENDMENT TO CHAPTER 6 TO PROVIDE A REGISTRATION PROGRAM FOR RESIDENTIAL RENTAL PROPERTIES City Administrator Hedges introduced the item regarding an Ordinance Amendment to Chapter 6 to provide a registration program for residential rental properties. City Planner Ridley gave a staff report. There was a brief discussion by the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to Chapter 6 by adding Section 6.55, regarding Rental Property Registration requirements. Aye: 5 Nay: O APPROVE AN ORDINANCE AMENDMENT TO CHAPTER 4 ESTABLISHING A TIMELINE FOR COMPLETION OF EXTERIOR MATERIALS UNDER BUILDING PERMITS City Administrator Hedges introduced the item regarding an Ordinance Amendment to Chapter 4 establishing a timeline for the completion of exterior materials under a building permit. Community Development Director Hohenstein and Chief Building Official Schoeppner gave a staff report. There was a brief discussion by the City Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 4 establishing a timeline for the completion of exterior materials under Building Permits. Aye: 5 Nay: O City Council Meeting Minutes � � /'\ August 16, 201 1 � 3 page LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. CITY COUNCIL COMMENTS Councilmember Bakken noted Eagan has a higher bond rating than the United States Federal Government. Mayor Maguire welcomed a Boy Scout in the audience. ADMINISTRATIVE AGENDA CONTRACT NO. 11 -03 DEERWOOD RESERVOIR REPAINTING City Administrator Hedges introduced the item regarding the Deerwood Water Reservoir, located in the southeast corner of Deerwood Drive and I -35E, south of the Skywood Lane cul -de -sac, and the need for a full interior and exterior reconditioning and repainting of the tank and to allow construction activity on Sundays between 7:00 a.m. and 7:00 p.m. from August 21 through October 23, 201 1 to complete the project. City Engineer Matthys gave an overview and background on the item. There was a brief discussion by the City Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize a modification to the specifications for Contract 11 -03, Deerwood Reservoir repainting, to allow construction activity on Sundays between 10:00 a_m. and 5:00 p.m. from August 21, 201 I through October 23, 20] 1 for Classic Protective Coatings, Inc. Aye: 5 Nay: O City Engineer Matthys noted that residents on Skywood Lane would be notified of the Council's action, noting the action follows past practice in terms of permitted times on Sunday to work_ The notice will also offer residents the opportunity to contact City staff if they have an event or circumstance in which the work on a Sunday would be a disturbance, which then could be communicated to the contractor. PROJECT 1050 — JOHNNY CAKE RIDGE ROAD /CLIFF ROAD AND NICOLS ROAD /CLIFF ROAD INTERSECTION RECONFIGURATION 8c TRA1L CONSTRUCTION City Administrator Hedges introduced the item regarding the preparation of a letter supporting Dakota County's Congestion Mitigation Air Quality (CMAQ) funding application as part of the Metropolitan Council's 201 1 SAFETEA- LU Federal Funding Solicitation for traffic system improvements along 3 miles of Cliff Road to include the upgrade of two intersections with Cliff Road at Johnny Cake Ridge Road and Nicols Road as well as trail improvements on Cliff Road in southwestern Eagan between Nicols Road and Cinnamon Ridge Trail. City Engineer Matthys gave an overview and background on the upgrade of the two intersections and trail improvements and the requested letter of support. There was a discussion by the City Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to authorize the preparation of a letter supporting Dakota County's Congestion Mitigation Air Quality (CMAQ� funding application as part of the Metropolitan Council's 201 1 SAFETEA -LU Federal Funding Solicitation for traffic system improvements along 3 miles of Cliff Road (CSAH 32) within Eagan and authorize the Mayor to sign the letter_ Aye: 5 Nay: O VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes � � rt � T August 16, 20 ] 1 �'" 4 page ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:00 p.m. Aye: 5 Nay: O Date Mayor Clerk ��'AFT MINUTES SPECIAL CITY COUNCIL MEETING MONDAY, AUGUST 15, 2011 5:30 P.M. EAGAN ROOM —EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Chief Financial Officer Pepper, Communications Director Garrison, Parks and Recreation Director Seydell Johnson, Superintendent of Enterprise Operations Mesko, Campus Facilities Manager Vaughan, Community Development Director Hohenstein, Police Chief McDonald and Fire Chief Scott. I. ROLL CALL AND ADOPTION OF THE AGENDA City Administrator Hedges noted one addition under the joint meeting with the Energy and Environment Commission, which is to receive a rebate check from Minnesota Energy Resources. Councilmember Fields moved, Councilmember Bakken seconded a motion to adopt the agenda as amended. Aye: 4, Nay: O II. VISITORS TO BE HEARD There were no visitors to be heard. III_ JOINT MEETING WITH THE ENERGY AND ENVIRONMENT ADVISORY COMMISSION City Administrator Hedges introduced Ann Carlon, Minnesota Energy Resources, who presented rebate checks totaling $12,266 for energy improvements at the South Water Treatment Plant. The Mayor and City Council thanked Minnesota Energy Resources. Mayor Maguire welcomed members of the Energy and Environment Advisory Commission (EEAC). The Commissioners introduced themselves. Councilmember Tilley arrived at 5:40 p.m. City Administrator Hedges introduced the item noting that it is the goal of the City Council to meet with each of its Advisory Commissions at least one time per year. Assistant City Administrator Miller provided additional background on the work done by the EEAC in its first year since being formed by the Council. The City Council and Commission discussed the proposed values and goals for 2011 -2012, including the efforts to date on the GreenStep Cities Program. �D Special City Council Minutes August 15, 2011 Page 2 DRAFT There was City Council consensus to add the Complete Streets resolution to the September 6 City Council agenda. The Council also suggested that, at the time the State releases the Complete Streets standards, the Chair of each Advisory Commission meet with the Public Works Committee and appropriate staff to discuss a Complete Streets implementation plan for the City. The City Council discussed the proposed Environmentally Preferable Purchasing guidelines. The Council directed the proposed guidelines to the September 6 City Council agenda for formal consideration. The Council and Commission discussed additional outreach opportunities for the Commission. There was Council consensus to continue the Commission's effort to communicate the City's progress on the GreenSteps program via the City's website. The Council recommended that the Commission determine outreach efforts envisioned for the City, including examples of resources to fuel the project, which would be communicated to the City Council as a recommendation by the Commission. The City Council discussed financing mechanisms for commercial and residential properties to finance renewable energy and energy efficiency improvements. The Council suggested that the Commission research revenue neutral opportunities to facilitate financing options for commercial properties and residential properties. The Council also encouraged the Commission to review the City's permit process and ordinance structure to determine any deterrence or hindrances to businesses or residents wishing to make energy improvements in their homes or businesses. The Commission and Council discussed partnership opportunities for the City. The Council encouraged the Commission to invite the Transportation Planner for School District 196 to a future EEAC meeting to discuss walkability issues for students within the District. The Council thanked the Commission for their work and noted that the proposed goals and value statements would be included on the September 6 City Council agenda for formal consideration. IV. 2012 GENERAL FUND BUDGET AND TAX LEVY City Administrator Hedges introduced the item noting that the 2012 preliminary General Fund budget has been in preparation since April 201 1. City Administrator Hedges noted that the proposed budget and tax levy responds to the Council's goal of maintaining the City's long- standing, fiscally- prudent and responsive budgeting approach while pursuing fiscal independence and self reliance in long -term budgeting. Hedges noted that formal action on the levy and preliminary 2012 General Fund budget is scheduled for the September 6, 201 1 regular City Council meeting. Hedges added that modifications to the preliminary 2012 budget and levy can continue beyond the September preliminary adoption, with final levy certification and budget action scheduled for the December 20, 201 1 regular City Council meeting. Hedges presented the proposed General Fund expenditure appropriations, noting that the current 2012 preliminary budget is proposed at $28,040,000, which reflects a 1.3 percent increase over the 201 1 budget. Hedges also noted that the preliminary tax levy shows a decrease of approximately 2.9 percent. 11 Special City Council Minutes August 1 s, 201 1 Page 3 J r< i=� �- i Director of Administrative Services VanOverbeke and Chief Financial Officer Pepper provided additional background pertaining to market value, total tax capacity, new market value homestead credit, and proposed tax levy allocation. The City Council discussed the proposed 2012 budget and tax levy. VanOverbeke noted that staff has prepared the budget material and preliminary tax levy with the goal of maintaining a constant ( "zero ") City tax impact on the average market value home located in ISD 196 for 2012 compared to 201 1. In discussing the public policy issues associated with the budget and levy, the City Council gave direction that the overall budget increase of 1.3 percent is appropriate. There was also Council consensus that the allocation of the proposed preliminary tax levy was appropriate. The Council also directed the incorporation of a new parks system development and R 8r R funded at $400,000, with other capital funds sharing the levy balance at equal percentage increases. The City Council thanked staff and the budget team for their work on the proposed 2012 General Fund budget and tax levy. V. 2012 CIVIC ARENA BUDGET City Administrator Hedges introduced the item noting that the 2012 Civic Arena budget is balanced and is proposed to increase by l.s percent. Hedges added that the budget reflects more accurate costs associated with the geothermal construction and other impacts from the construction of the additional dry land training space at the Civic Arena. It was noted that the proposed budget also includes a $s increase in the primetime hourly ice rates. The City Council discussed the proposed budget. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the 2012 Civic Arena budget, 201 1 -2012 rates and the purchase of 2012 capital outlay items as presented. Aye: s, Nay: O VL OTHER BUSINESS There was no Other Business. VII_ ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:18 p.m. Aye: s, Nay: O 1� Agenda Information Memo September 6, 201 1 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve separation agreement with Mira Broyles, Administrative Secretary/Deputy City Clerk. FACTS: • The City and Ms. Broyles entered into a separation agreement. • Per City policy, Ms Broyles will receive severance and other benefits in the same fashion as any other City employee who experiences a separation of employment from the City. • The full agreement is available for review in the City Administrator's Office. Item 2. ACTION TO BE CONSIDERED: Approve reclassification of Mary O'Brien, Clerical Tech 4 from Level 5 to Level 7, Administrative Secretary. FACTS: • The reclassification and new job description reflects the majority of the duties currently performed in the Clerical Tech 4 job description, with the addition of higher level duties likened to those in the previous job description entitled Administrative Secretary /Deputy City Clerk. • The new job description is entitled Administrative Secretary. • All Deputy City Clerk duties and Data Practice and Records Retention related duties shall be re- assigned to the City Clerk's Office. 2 Item 3. ACTION TO BE CONSIDERED: Approve reclassification of Christina Scipioni, City Clerk from Level 9 to Level 1 O. FACTS: • The reclassification reflects all former Deputy City Clerk duties and Data Practice and Records Retention related duties reassigned to the City Clerk's Office. • The revised City Clerk's job description also indicates additional supervisory responsibilities of a Licensing /Office Support Specialist. Item 4. Official Designation of Deputy City Clerk ACTION TO BE CONSIDERED: To officially designate Assistant City Administrator Dianne Miller as a Deputy City Clerk. FACTS: • With the separation of the Administrative Secretary /Deputy City Clerk and reassignment of duties noted in the previous items, it is appropriate to designate another employee as a Deputy City Clerk_ • The responsibility of the Deputy City Clerk is primarily to sign documents or act in the capacity of the City Clerk when required by law in her absence. • The designation is not time consuming and does not impact the job description or compensation. • City Administrator Hedges and Director of Administrative Services VanOverbeke have also previously been designated Deputy City Clerks and serve in a backup role for official City Clerk functions as necessary. Item 5. ACTION TO BE CONSIDERED: Acknowledge the resignation of Jordan Hirman, Campus Facilities Manager on Duty, and authorize his replacement. i ��-- Item 6. ACTION TO BE CONSIDERED: Approve hiring of FT Videographer/Editor for E -TV to be named. FACTS: On July 19, 2011, Council approved re- filling of the Video Specialist/Field Coordinator vacancy created with the resignation of F. Miller. Item 7. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal/ Part -Time Employees in Parks &� Recreation 8� E -TV: Name Division Job Title Dustin Ness E -TV Director /Videographer Community Andrew Elwood Brown Center Guest Services Representative Community Kaylene Retka Center Guest Services Representative Agenda Information Memo September 6, 201 1 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 11, 2011, August 18, 2011 and August 25, 2011 as presented. ATTACHMENTS: • Check registers dated August 11, 2011, August 18, 2011 and August 25, 2011 are enclosed without page number. 1 Cv Agenda Information Memo September 6, 2011 City Council Meeting D. ADOPT A RESOLUTION STATING THE CITY OF EAGAN'S ONGOING SUPPORT AND INTENT TO UTILIZE COMPLETE STREET PRINCIPLES IN TRANSPORTATION PLANNING AND COMMUNITY DESIGN ACTIONS TO BE CONSIDERED: To adopt a resolution stating the City of Eagan's ongoing support and intent to utilize Complete Street Principles in Transportation Planning and Community Design. FACTS: • A Complete Street policy or resolution is a required best practice to be named a Step III GreenStep Cities. • The City Council reviewed the proposed resolution at the August 15 Council workshop in a joint meeting with the Energy and Environment Advisory Commission (EEAC), and directed the resolution to the September 6 City Council meeting for formal consideration. • The resolution was prepared in consultation with staff from Community Development and Public Works, and has been reviewed and recommended by the EEAC. • The language proposed in the resolution reflects current Complete Street efforts underway in the City, while also noting that the City is awaiting specific direction and Complete Street standards from the State of Minnesota, which are currently being created by a State external advisory group. ATTACHMENTS: • Enclosed on page� through � / is the proposed Complete Street resolution. 17 RESOLUTION NO. 2011- A Resolution Stating the City of Eagan's Ongoing Support and Intent to Utilize Complete Street Principles in Transportation Planning and Community Design WHEREAS the Minnesota Department of Transportation (MnDOT) defines Complete Streets as streets for everyone that are designed and operated to enable safe access for all users. Pedestrians, bicyclists, motorists and bus riders of all ages and abilities are able to safely move along and across a complete street; and, WHEREAS a required best practice of the Minnesota GreenStep Cities program is the adoption of a Complete Streets policy (or documented practices) that addresses street standards, street trees, and storm water management; and. WHEREAS the City of Eagan adopted a resolution on February 9, 201 O to encourage the Minnesota Legislature, with input and guidance from the Minnesota Department of Transportation, to authorize the development of a statewide Complete Streets Program, which would provide for the development of a balanced transportation system, through appropriate planning, that integrates multiple transportation modes, where appropriate, for transportation users of all types, ages and abilities; and, WHEREAS the City of Eagan has consistently followed Complete Street principles in its planning and community design, and has demonstrated said commitment by adopting a transportation goal within the 2030 Eagan Comprehensive Guide Plan to develop amulti -modal transportation system in which autos, trucks, rail, transit, bicycles and pedestrians are adequately served and can safely co- exist; and, WHEREAS specific Complete Streets efforts in the City of Eagan include, but are not limited to: • Installation and maintenance of 1 18 miles of community trails together with 236 miles of City - maintained streets in Eagan; • Leveraged grant dollars to create fifty (50) City - installed rain gardens within the public right -of- way, with six (6) more scheduled for installation in 201 1; • Established a Storm Water Pollution Prevention Program (SWPPP) in response to its Municipal Separate Storm Sewer System (MS4) permit; • Trail maps and markers posted along City trails, and all transportation maps (trails, streets, etc.) available via the City's website; • Receipt of State Health Improvement Program (SHIP) grant dollars for the addition of bike racks, wayfinding signage for trails, and an incentive program to encourage residents to walk to City events and facilities; • Installation of two roundabouts, as a traffic calming measure, incorporation of flashing yellow left turn signals in several locations, and synchronized traffic signals on major corridors, all in partnership with Dakota County, to reduce idling of vehicles; • Adoption of a comprehensive Community Transportation Trail System Policy • Implementation of a transit oriented, walkable design framework within the Cedar Grove Zoning District and Design Standards; • Participation in the University of Minnesota's Design for a Lifetime program, resulting in a grant for the installation of a pedestrian crosswalk signal to encourage walkability. • The identification and remediation of connectivity breaks gaps) in the City's trail system and the adoption of a Trail Connection Policy; • Establishment of a Winter Snow Removal Policy for city trails, including partnerships with three independent school districts within the City to ensure safe pedestrian mobility to schools; • Maintenance of established boulevard tree placement and trimming practices that address safe access to City streets for all users. WHEREAS, there are three Park -n -Ride facilities in the City of Eagan to encourage the use of public transit, including a new transit facility as part of the Cedar Corridor Bus Rapid Transit efforts; and, WHEREAS the State of Minnesota, upon passage of Minnesota Law, Chapter 351, Section 52, created an External Advisory Group charged with creating a Complete Street Policy for the State of Minnesota from which the City of Eagan awaits further direction pertaining to Complete Street standards; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA that the City of Eagan supports the principles of Complete Streets and will work with MnDOT, Dakota County, and appropriate agencies so that Complete Street elements are evaluated where possible for City transportation projects by providing appropriate accommodations for pedestrians, bicyclists, motorists, transit riders, and disabled persons through the ongoing creation of a multi -modal transportation network. ADOPTED this 6` day of September, 201 1. Attest: Christina M. Scipioni, City Clerk Mike Maguire, Mayor STATE OF MINNESOTA) COUNTY OF DAKOTA ) CITY OF EAGAN ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Eagan do hereby certify that the attached and foregoing Resolution was duly adopted by the Eagan City Council at its meeting of September 6, 2011, as recorded in the minutes of said meeting. WITNESS my hand and seal of said City this 6` day of September, 201 1. City Clerk /9 Agenda Information Memo September 6, 2011 City Council Meeting E. APPROVE CITY OF EAGAN ENVIRONMENTALLY PREFERABLE PURCHASING GUIDELINES ACTIONS TO BE CONSIDERED: To approve City of Eagan Environmentally Preferable Purchasing Guidelines. FACTS: • The adoption of Environmentally Preferable Purchasing (EPP) Guidelines is a required best practice to be named a Step III GreenStep Cities. • The City Council reviewed the proposed EPP Guidelines at the August 15 Council workshop in a joint meeting with the Energy and Environment Advisory Commission (EEAC), and directed the guidelines to the September 6 City Council meeting for formal consideration. • The guidelines were prepared with assistance from numerous City staff that conduct purchasing for the City, and are presented in a way to ensure flexibility in purchasing decisions to meet the City's goals of fiscal prudence and environmental sustainability. • If the guidelines are approved by the Council, the City's Purchasing Policy will be amended accordingly and brought back to the City Council for future consideration. ATTACHMENTS: • Enclosed on pages � throug are the proposed EPP Guidelines. �� City of Eagan Environmentally Preferable Purchasing Guidelines Purpose and Scope The goal of these guidelines is to encourage purchasing that reflects the City of Eagan's commitment to sustainability. Benefits of the guidelines include: • Conserving natural resources • Minimizing environmental impacts such as pollution, water usage, and energy waste • Identifying environmentally preferable products and distribution systems • Achieving best practices in environmental purchasing as identified through the Minnesota Pollution Control Agency's (MPCA) Green Step Cities Program • Setting an example of environmental sustainability and energy conservation for residents and businesses in the City of Eagan • Lower overall costs to the City by addressing full cost accounting (purchase, operation, maintenance, disposal, staff time, and labor) Definitions "Environmentally Preferable Products and Services" as defined by the United States Environmental Protection Agency (US EPA) means products and services that have a lesser or reduced effect on human health and the environment when compared to competing products and services that serve the same purpose. This applies to raw material acquisition, as well as product manufacturing, distribution, use, maintenance, and disposal. "Energy Star" means the US EPA's energy efficiency product labeling program described at http: / /www.energ, s� tar.gov "Energy Efficient Product" means a product that 1 .) meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star® trademark label; or, is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program— http : / /wwwl .eere.energv.eov "Financially Feasible" means a product has lower costs over its entire lifecycle as determined by full cost accounting (purchase, operation, maintenance, disposal, staff time, and labor). "Practicable" means whenever possible and compatible with state and federal law, without reducing safety, quality, or effectiveness. "Post- consumer Recycled Material" refers to material that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item, and is used as a raw material for new products. "US EPA Comprehensive Procurement Guidelines" are the most current policies established by the U.S. Environmental Protection Agency for federal agency purchases — http: / /www.epa.gov "Water- Saving Products" are those that are in the upper 25% of water conservation for all similar products, or achieves a WaterSense label /certification. �� Roles and Responsibilities All City departments are to be fully aware of the City's guidelines on purchasing environmentally preferable goods and services, and all departments are responsible to: • Ensure that specifications do not discriminate against reusable, recycled, or environmentally preferable products without justification, • Evaluate environmentally preferable products to determine the extent to which they may be used by the department and its contractors, • Review and revise specifications to maximize the specification of designated environmentally preferable products where practicable, • Facilitate data collection on purchases of designated environmentally preferable products by the department in order to assist in tracking the City's environmentally preferable purchasing efforts. The following guidelines are to be followed by the City of Eagan: Recycled Paper Products Per Minnesota Statute 16B.122 and per the Federal Environmental Protection Agency's (EPA) requirements, the City of Eagan will endeavor to purchase paper products containing the highest post- consumer content practicable, but no less than minimum recycled content standards established by the EPA Comprehensive Procurement Guidelines: www.epa•aov Energy and Water Savings 1. All appliances and products purchased by the City for which the US EPA Energy Star certification is available will meet Energy Star certification provided such products are available and financially feasible ( www.energystar . gw ). Typically, this would include lighting systems, exhaust fans, water heaters, computers, exit signs, and appliances such as refrigerators, dishwashers, and microwave ovens. When Energy Star labels are not available, appliances and products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program shall be considered for purchase. 2. Water- saving products purchased by the City will meet the WaterSense certification when such products are available and financially feasible ( http: / /www.epa.gov This includes, but is not limited to, high - performing fixtures such as toilets, waterless urinals, low -flow faucets and aerators, and upgraded irrigation systems. Cleaning Products Cleaning products purchased by the City will meet Green Seal, EcoLogo, and /or U.S. EPA Design for the Environment cleaning product standards if such products are practicable, available, and perform to an acceptable standard. ( http: / /www.� >,reenseal.org http: / /www.environmentalchoice.com and http: / /www.epa.f -ov These guidelines are subject to the requirements and preferences in the Municipal Contracting Law (MN Statutes 471.345) and all other applicable laws and ordinances. Date of Approval: Approved: Mike Maguire Mayor m Agenda Information Memo September 6, 2011 City Council Meeting F. APPROVE 2011 -2012 ENERGY AND ENVIRONMENT ADVISORY COMMISSION GOALS AND VALUE STATEMENTS ACTIONS TO BE CONSIDERED: To approve the 201 1 -2012 Energy and Environment Advisory Commission Goals and Value Statements FACTS: • The City Council reviewed the proposed 2011 -2012 Energy and Environment Advisory Commission (EEAC) goals and value statements at the August 15 Council workshop in a joint meeting with the EEAC. • The Council directed the goals to the September 6 City Council meeting for formal consideration. ATTACHMENTS: • Enclosed on page��throug _ the proposed 201 1 -2012 Energy and Environment Advisory Commission Goals and Value Statements. a3 2011 -2012 PROPOSED ENERGY AND ENVIRONMENT ADVISORY COMMISSION VALUE STATEMENTS AND GOALS The Energy and Environment Advisory Commission (EEAC) is proposing to maintain the following value statements adopted in July of 201 O to guide the commission: 1 .) Recommend initiatives to the City of Eagan and its constituents to reduce waste and energy use in order to enhance Eagan's environment. 2.) Recommend initiatives to the City of Eagan and its constituents to protect the water, air, and soils in our City while enhancing the quality of life. 3.) Recommend initiatives to the City of Eagan and its constituents which support renewal of City of Eagan facilities, infrastructure, land use policies, and efforts that will promote long range energy usage and resource sustainability. 4.) Recommend initiatives to the City of Eagan and its constituents on ways to partner with existing energy and environmental resources and stakeholders in order to collect and disseminate information to empower the public. 2011 -2012 PROPOSED EEAC GOALS Goal 1. Build upon the City's success by utilizing the GreenStep Cities program as the overarching framework for the work of the EEAC and officially obtain designation from the Minnesota Pollution Control Agency (MPCA) as one of the first communities in Minnesota to be recognized as a Step III GreenStep City. Methods and Considerations to Achieve Goal # 1 • Continue identifying and recommending actions to implement future GreenStep Cities' best practices as they become available, while also continuing to review and recommend current, optional GreenStep best practices that the City has not yet completed. • Ongoing review of the GreenStep best practices that the City has not completed to determine which best practices merit further action • Communicate with local media and encourage appropriate messaging to celebrate Eagan's GreenStep efforts to date (particularly when Step III designation is achieved)_ • Meet the GreenStep Cities Complete Streets best practice by adopting a Complete Streets resolution as a demonstration of the City's current efforts and future considerations. • Advance the City's Complete Streets approach in conjunction with the Advisory Planning Commission (APC) and Advisory Parks and Recreation Commission (APrC) through ongoing engagement with City staff, including the possibility of a Complete Streets workshop with all stakeholders to determine the most appropriate current and future Complete Street options for Eagan. • Fulfill the requirements of GreenStep Cities' best practice for environmental purchasing through the adoption of baseline environmentally preferable purchasing (EPP) guidelines, with the intent of working towards expanded EPP guidelines, in consultation with appropriate City staff, to add environmental considerations to a more expansive list of City purchases. Consider a review of the guidelines, if adopted, after one year of use to determine effectiveness, areas of improvement, challenges, etc. Goal 2. Use the GreenStep Cities methodology to create and communicate recommended action steps to Eagan's residential and business community via outreach and educational efforts. Methods and Considerations to Achieve Goal #2: • Create a presence on the City's website for sustainable and energy efficiency information, efforts, opportunities, etc., including the City's progress in the GreenStep Cities program. • Consider a partnership with a local school /college to assist with website efforts (e.g. School of Environmental Studies, Inver Hills Community College, etc.). • Partner with Dakota Valley Recycling (DVR), Dakota County Regional Chamber, and the utilities serving Eagan to promote the DVR Green Business Workshop and assist with DVR's goal of completing five sustainability site visits within (5) Eagan businesses. • Partner with Dakota County to better understand community -wide energy usage, learn about the County's energy and sustainability efforts, and identify opportunities for ongoing collaboration between the County and City on sustainability efforts. • Consolidate sustainability indicators being collected in the City and determine a method to communicate the outcomes of those indicators to the public (e. g. vehicles miles traveled by City fleets, energy usage at City facilities, etc.). • Pursue partnerships with businesses in Eagan that have implemented sustainable business practices. Invite the businesses to give presentations to the EEAC at monthly meetings regarding their sustainable efforts and/or case studies, and recommend particular successes to be highlighted in the Eagan Business News (e.g. Coca Cola Bottling Plant's hybrid vehicle program, Thomson Reuter's Green Team and food -to -hog program, etc.). • Review and recommend options to provide incentives for residents to install energy efficient equipment or renewable energy sources (e.g. consider changes to the permit fee schedule to promote energy efficiency— learning from current efforts in other GreenStep cities). o�� Agenda Memo September 6, 201 1 Regular City Council Meeting CONSENT AGENDA: G_ APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER PROJECT ACTION TO BE CONSIDERED: To APPROVE change orders for Fire Safety Center. FACTS: • The Council has previously authorized award of 26 contracts for the construction of the Fire Safety Center project. • We have had to make minor adjustments to the project as it proceeds, which has resulted in the changes listed below. • City Staff and Bossardt Staff are recommending the following change orders for an increase of $63,521. 1. PR -050 - Delete acoustical ceiling panels $(234) 2. RCO -090 —Cost issues related to foundation being laid out incorrectly by engineer staff - $1,501 3. RCO -107 — Credit for steel arches - $(3,240) 4. RCO -108 —Fire pole correction- $81 1 5. RCO -109 — Repair the for hand dryers- $1,093 6. RCO -1 12 — Electrical changes submitted - $34,953 7. RCO -113 — Change glass in antique bays to clear- $1,915 8. RCO -1 14 — Extend drywall window jam - $1,588 9. RCO -115 — Provide install of acoustical panels - $1,312 10. RCO -1 16 — Repair plantings - $400 11. RCO -117 — Misc. painting changes - $23,422 ATTACHMENTS: None Agenda Information Memo September 6, 2011, Eagan City Council Meeting H. APPROVE RESOLUTION FOR THE COOPERATIVE PURCHASE OF ELECTION EQUIPMENT IN 2013 ACTION TO BE CONSIDERED: To approve a resolution for the cooperative purchase of election equipment with Dakota County in 2013. FACTS: ➢ Dakota County is planning a countywide replacement of vote tabulator equipment in 2013 The existing vote tabulators were purchased in 1999. ➢ It is necessary for all precincts within Dakota County to use the same election equipment. ➢ Dakota County has received a Help America Vote Act (HAVA) grant for the equipment purchase. The County is requesting the City and County each pay 50 percent of the replacement cost after the HAVA fiends have been applied. The City's portion of the equipment purchase would be approximately $48,000. ➢ The City's expenditure will be included in the 2013 Part II CIP. ATTACHMENTS (1): The resolution is attached on page�� �� CITY OF EAGAN RESOLUTION NO. RESOLUTION FOR THE COOPERATIVE PURCHASE OF ELECTION EQUIPMENT WHEREAS, it is necessary for all precincts within Dakota County to use the same election equipment; and WHEREAS, the election equipment is becoming obsolete and experiencing higher failure rates and increased maintenance costs; and WHEREAS, Dakota County has current Help America Vote Act funding remaining from previous grants; and WHEREAS, Dakota County has applied for additional Help America Vote Act funds from the Minnesota Secretary of State. NOW, THEREFORE BE IT RESOLVED, That the City of Eagan hereby supports the purchase of new election equipment in fiscal year 2013 for implementation in election year 2014; and BE IT FURTHER RESOLVED, That the City of Eagan hereby agrees to participate in the purchase of said election equipment by paying 50% of the net cost of the equipment after reducing the gross cost of said equipment by utilizing Help America Vote Act funds received by Dakota County, provided Dakota County pays the remaining 50% of the net cost of equipment. BE IT FURTHER RESOLVED, That the City of Eagan authorizes the Mayor and City Clerk to enter into any written agreements required for said purchase of election equipment. APPROVED by the City Council of the City of Eagan, Minnesota this 6 day of September 201 1. CITY OF EAGAN ATTEST: Christina M. Scipioni, City Clerk I� Mike Maguire, Mayor Agenda Information Memo September 6, 2011, Eagan City Council Meeting L APPROVE TREE MAINTENANCE CONTRACTOR LICENSE FOR GREENWALDT TREE SERVICE ACTION TO BE CONSIDERED: To approve a Tree Maintenance Contractor License for Greenwaldt Tree Service, 21553 30` Ave, Randall, MN. FACTS: ➢ Dan Greenwaldt, owner of Greenwaldt Tree Service, has applied for a Tree Maintenance Contractor License for 201 1. All requirements of the application have been met and the fee has been paid. ➢ Staff recon�i�iends approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) �r � Agenda Information Memo September 6, 2011, Eagan City Council Meeting J. APPROVE OFF -SALE LIOUOR LICENSE FOR BK DISCOUNT LIOUOR LLC DBA BK DISCOUNT LIOUOR. 1.629 LENA COURT ACTION TO BE CONSIDERED: To approve the Off -Sale Liquor License for BK Discount Liquor, LLC, doing business as BK Discount Liquor, located at 1629 Lena Court. FACTS: ➢ Bona Ku, sole partner of BK Discount Liquor, LLC, has applied for anOff- -Sale Liquor License. ➢ BK Discount Liquor, LLC is purchasing the existing MT Liquory, which is currently has an Off -Sale Liquor License. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) �� Agenda Information Memo September 6, 201 I Eagan City Council Meeting CONSENT AGENDA: K. Approve the Police Liaison Services Agreement between the City of Eagan and Independent School District # 196 ACTION TO BE CONSIDERED: Police Liaison Services Agreement between the City of Eagan and ISD # 196. FACTS: • The City of Eagan and ISD #196 have partnered to establish a school resource officer program in three schools. • The district wishes to continue this relationship, and agrees to pay the city $75,599.51 for Eagan Police Officers to continue working in the schools for the 2011 -2012 school year_ • The School District increased funding for liaison services by one percent from the 201 0 - 201 1 calendar year. Attachments: Police Liaison Services Agreement on pages �� POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of . 2011 by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District ") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City "). RECITALS WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §126C.44. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and c. Law enforcement. 2. The School District shall pay the City the amount of $75,599.51, for the City's police liaison services to the School District. 3. The parties agree and acknowledge that the police officers who are assigned to provide police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police A-partment but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. 4. The amount to be paid by the School District as specified in Paragraph 2 herein shall be payable for the 2011 -2012 school year upon approval of this Agreement by both parties. S. This Agreement is effective for the 2011 -2012 school year; upon the expiration of the 2011 -2012 school year, this Agreement shall automatically terminate. 6. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' Sa liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law. 7. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemination of data, including, but not limited to, specific laws and governing the sharing of data on students and minors. INDEPENDENT SCHOOL DISTRICT NO. 196: By: Jackie Magnuson Its: Chairperson By: Art Coulson Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _day of . 2011, before me a Notary Public within and for said County, personally appeared JACKIE MAGNUSON and ART COULSON, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of Independent School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public 22 CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Christina Scipioni Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _day of . 2011 before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA SCIPIONI to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality_ Notary Public 3L� Consent Agenda Information Memo September 6, 2011, Eagan City Council Meeting CONSENT AGENDA: L. Direct Ordinance Amendment to Chapter 1 O of Eagan City Code ACTION TO BE CONSIDERED: Direct staff to work with the City attorney to prepare an ordinance amendment relative to dog, cat, ferret and horse regulation contained in section 1 O.1 1 of Eagan City Code. FACTS: • The City has an ordinance regulating dog, cat, ferret and horse regulation in current City Code_ • Staff has identified current code is inconsistent with vaccination standards outlined by the Board of Animal Health_ • Other areas in need of an update include procedures for the quarantine of animals, dog licensing, and enabling staff to more effectively manage public nuisance complaints. • The public has also requested the City develop a method to purchase dog licenses on -line. To accomplish this initiative, an amendment will need to be made to current code. • The need for the proposed changes were outlined by City Staff at the Council Listening Session held prior to the August 16, 201 1, Eagan City Council Meeting. • If this item is approved, staff will work with the City Attorney to develop the necessary amendments. NO ATTACHMENTS Agenda Information Memo September 6, 201 I M. PROJECT 1108 CEDAR GROVE REDEVELOPMENT AREA - UTILITY RELOCATION CUSTOMER SURCHARGE AGREEMENT ACTION TO BE CONSIDERED: Approve Customer Surcharge Agreement with Xcel Energy for Project 1 108 (Cedar Grove Redevelopment Area — Street Improvement) and authorize execution of the agreement. FACTS: • Project 1 108 provides for the installation of streetscaping and landscaping along the extension of Cedar Grove Boulevard within the Cedar Grove (Cedarvale) Redevelopment Area. Part of the streetscaping plan includes the burying of all overhead utility lines within the redevelopment area. • Xcel Energy serves a portion of the Cedar Grove Redevelopment Area and has been requested to bury or relocate their overhead facilities. • A Minnesota Public Utilities Commission policy allows utility companies like Xcel Energy to include a surcharge to its community based customer billings (at the request of the city) to recover the cost of burying electric distribution facilities, referred to as a "City Requested Facilities Surcharge" (CBEs). • CRFS will allow the costs of burying of the Xcel Energy facilities to be recovered through the monthly energy bills of Xcel customers within the City of Eagan instead of through the major Street fiord. • At its meeting of August 16, 2011, the City Council approved preparation and execution of the agreement in the amount of $44,771. Subsequently Xcel staff advised City staff that an additional project cost, the extension of new service facilities to several properties along the route, would need to be included in the agreement as well. These costs would have been project costs in any case, but Xcel requires that they be paid for in combination. The revised total to be subject to the agreement is $80,506. • Under the terms of the agreement, the Xcel Energy residential customers within the City of Eagan would have approximately $0.50 added to their monthly bill and commercial customers $1.50 -2.00 per month for 26 months to recover the actual construction costs. The surcharge addition to the bills would begin 90 days after the work is completed, and be preceded by a notification letter in their electric bill. ATTACHMENTS: • Surcharge Payment Schedule, pag Northern States Power Company, a Minnesota Corporation City Requested Special Facilities Surcharge (CRFS) City of Eagan Allowable Class Surcharge Levels per Month Under CRSF Tariff Excess Expenditures = $73,565 Customer Class Customers Surcharge Months Recovery Residential 4,060 $0.50 26 $52,305 Res Low Income 80 $0.50 26 $'1,031 Small C &I ND 445 $0.50 26 $5,733 Small C &I 426 $1.50 26 $16,464 Large C &I 88 $2.00 26 $4,535 Street Lighting 13 $0.50 26 $167 Sm Mun Pump ND 3 $0.50 26 $39 Small Mun Pump 6 $1.50 26 $232 Large Mun Pump O $2.00 26 $O Total .5,12'1 $80,506 Total Carrying Charges included in recovery amount� $6,941 Allowable Class Surcharge Levels per Month Under CRSF Tariff Residential: $0.25 up to $5.00 Low Income Residential: $0.25 up to $1.00 Small C &I Non -Dmd: $0.25 up to $5.00 Small C &1 - Demand: 3 Times Residential Amount Large C &I - Demand: 4 Times Residential Amount (1) Adjustment possible in final months of recovery period for more precise cost recovery. (2) Monthly carrying charge of 1 .0132% applies to outstanding balance, equal to compounded rate based on 8.83% overall rate of return from the last general rate case (2008) and 4.03% tax factor. EaganCRFS2011_74.x1s SumV ? SVH 8/25/2011 9:41 AM J� Agenda Information Memo September 6, 201 1 City Council Meeting ��7�G�b]�17S D1►1 �7_� N: APPROVE DARK FIBER LICENSE AGREEMENT BETWEEN THE CITY OF EAGAN AND THE MINNESOTA VALLEY TRANSIT AUTHORITY (MVTA). ACTION TO BE CONSIDERED: Approve the Dark Fiber License Agreement between the City of Eagan and the Minnesota Valley Transit Authority (MVTA) that will allow connection to City owned fiber. FACTS: • It is the mutual desire of the City of Eagan and the MVTA that the MVTA located at 3600 Blackhawk Road, Eagan MN be connected to the City's fiber optic access point located at the Eagan Maintenance Facility located at 3501 Coachman Point, Eagan MN for the purpose of enabling the MVTA to connected to the City's high- speed access to Dakota County's Western Service Center_ • The MVTA will lease the City's Dark fiber from the Maintenance Facility access point located at 3501 Coachman Road to the access point located at the Eagan Municipal Center located at 3830 Pilot Knob Road. • Two fibers will be leased from the Maintenance Facility to the Municipal Center for $50.00 per fiber per lineal mile. The total distance equals 1.87537 miles. The payment $187.54 will be monthly and will be a revenue source for the City's Fiber Infrastructure Fund. • The Agreement also provides for use of two fibers between the Eagan Municipal Center and the Dakota County Western Service Center. The City currently is using this pair so there is no cost or service impact for the MVTA to use the same fibers. ATTACHMENTS: Attachment in pages through / is a copy of the proposed Agreement. m LICENSE (DARK FIBER) AGREEMENT THIS LICENSE AGREEMENT ( "Agreement ") is made as of the day of August, 201 1, by and between the CITY OF EAGAN, a municipal corporation under the laws of the State of Minnesota, ( "City "), whose address is 3830 Pilot Knob Road, Eagan, MN 55122, and MINNESOTA VALLEY TRANSIT AUTHORITY, a Joint Powers Authority comprised of Minnesota municipal corporations acting pursuant to Minn. Stat. §471.59, having its principal place of business at 100 East Highway 13, Burnsville, MN 55337 ( "Licensee "). RECITALS: WHEREAS, the City has constructed a fiber optic network ( "City Dark Fiber ") throughout portions of the City which interconnects municipal utility facilities and other related governmental facilities (the "City Network "); and WHEREAS, Licensee intends to provide fiber optic telecommunication services to third parties; and WHEREAS, the City is willing, subject to the terms, covenants and conditions set forth in this Agreement, to grant to Licensee a license for the operation and use of certain City Dark Fiber in the City Network to Licensee, and Licensee desires to license subject to the terms, covenants and conditions, the use of certain City Dark Fiber in the City Network. NOW THEREFORE, in consideration of the foregoing, and of the promises and covenants contained in this Agreement, the parties agree as follows: 1 . Scope of Dark Fiber License The City hereby grants to Licensee on an nonexclusive basis the right to use the strand or strands of the City Dark Fiber described in Exhibit "A" attached hereto and made a part hereof by reference, along the segments described in Exhibit "A" (the "Route Segments ") as the same may be amended from time to time according to the terms of this Agreement (the "Licensed Fibers ") for the Term and the License Fee specified in this Agreement. 2. Effective Date and Term This Agreement shall become effective as of the date that the City's Council executes this Agreement ( "Commencement Date ") and shall remain in effect unless and until terminated in accordance with the termination provisions of this Agreement. The term ( "Term ") of this Agreement shall be for a period of five (5) years commencing on the Commencement Date unless terminated earlier according to the terms of this Agreement. This Agreement shall be automatically renewed for an additional five (5) year term unless either party provides notice at least 180 days prior to the end of the initial term that it does not wish to renew the Agreement. The Licensed Fibers, identified in the Initial Exhibit "A ", may be amended from time to time in writing signed by the City and Licensee, as specified in the applicable amended Exhibit "A ", which shall be attached to this Agreement, shall have its own term, which term shall commence on the date that the City executes the applicable amended Exhibit "A" and end on the 157699v1 G L date set forth in the applicable amended Exhibit "A" which shall be coterminous with the Termination Date of this Agreement. 3. Definitions For purposes of this Agreement and as used herein, the terms set forth below shall be defined as follows: Acceptance Test —The tests conducted on the Licensed Fibers by the Licensee to ensure that the Licensed Fibers meet or exceed the City Dazk Fiber Specifications outlined in Exhibit "B ". City Dark Fiber —All dark fiber owned by the City whether dedicated for the City's use only or whether used by the Licensee or a third parry. City Conduit —The City -owned conduit in which the City Dark Fiber is located. Fiber Acceptance Date —The date of the applicable Notice of Acceptance which evidences that the Licensed Fibers in the applicable Route Segments as defined in each Exhibit "A" have passed the Acceptance Test and have met the conditions of Section 6. License Fee —The License Fee shall mean the Fiber License Fee. Licensed Fibers —shall have the definition set forth in Section 1 of this Agreement. Licensee Facility Location — Locations where Licensee's Equipment enclosures will be installed as outlined in a separate Exhibit "D ", as identified by the Route Segment number, for each Route Segment_ Licensee Premises —That portion of any site Licensee uses to house Licensee's Equipment in order to use the Licensed Fibers. Licensee's Equipment —shall mean the Licensee's terminals and peripheral equipment or facilities used with or connected to the Licensed Fibers which may be located on City's property pursuant to a separate agreement or on its own land or that of a third parry_ Notice of Acceptance — Licensee's written approval that the Licensed Fibers have passed the Acceptance Test. The Notice of Acceptance shall define the effective date for the term of the applicable Route Segment set forth in the applicable Exhibit "A ", as amended from time to time. Route Segment —That portion of the City's Conduit containing the Licensed Fibers installed between the applicable Splice Vaults as set forth in the applicable Exhibit "A ". Splice Vault —The vaults installed by the City in the City Network where the City, the Licensee and other users of the City Network can splice into the City Conduit and/or the City Dark Fiber. 4. Price and Payment (a) Subject to the allowances for interruptions set forth in this Agreement, Licensee shall pay the City a license fee for the use of the Licensed Fibers provided by the City ( "Fiber License Fee ") which Fiber License Fee shall commence on the 157699v1 �� 2 applicable Fiber Acceptance Date. The Fiber License Fee payable to the City for the Licensed Fibers shall be as shown on attached Exhibit "A" as the same may be amended from time to time according to the terms of this Agreement. The Fiber License Fee, hereinafter referred to as the "License Fee" or "License Fees" shall be payable quarterly, in advance, on the first day of each calendar quarter commencing on the applicable Fiber Acceptance Date for the applicable Route Segment. Should the Fiber Acceptance Date be any date other than the first day of any calendaz quarter, then that initial quarter's License Fee shall be prorated based on the actual date and shall be due shall be due within ten (1 O) days of the Fiber Acceptance Date. (b) Licensee shall pay all License Fees, by wire transfer, in the amount set forth on the statement sent to the Licensee by the City to the account specified in the invoice. The Licensee shall pay to the City a late payment fee of five percent (5 %) of the amount of any License Fee payment that is overdue by more than ten (10) days ( "Late Payment Fee "). (c) If for any reason Licensee is delinquent in the payment of any License Fee or any amounts due to the City under this Agreement for more than thirty (30) days, after written notice of the past due amount, Licensee shall pay in addition to the Late Payment Fee, interest on such unpaid amount, calculated from the date such payment is due until such payment is made_ (d) During the Term for the applicable Route Segment of Licensed Fiber set forth in the applicable Exhibit "A" attached to this Agreement, the City shall be entitled to increase the License Fees payable by the Licensee to the City on January 1 of each yeaz, by the Consumer Price Index (CPI) as published by the U.S. Department of Labor's Bureau of Labor Statistics or five percent (5 %) whichever is greater. The License Fees payable hereunder shall never decrease. 5. Application Process for Licensed Fibers (a) During the term of this License, the execution by both parties of an amended Exhibit A shall be the exclusive procedure to be used by Licensee in licensing of the Licensed Fibers from the City. (b) Within fifteen (15) business days after receipt of a written request for service from Licensee, the City will review such request and notify Licensee of its decision to consider such request. If the City determines that it will consider the request, the Licensee will be required to post an escrow amount and map /engineer drawings and/or other information sufficient for the City to review the request. The City will furnish to Licensee an estimate of the applicable License Fee and anticipated Fiber Acceptance Date as shown on Exhibit "A" for Licensee's review and acceptance. Within ten (1 O) business days of receiving notice of acceptance of its request, Licensee will notify the City if the License Fees and Fiber Acceptance Date proposed by the City aze accepted. 157699v1 � 3 (c) Within fifteen (15) days of Licensee's notice to the City that it will accept the proposed License Fees and Fiber Acceptance Date, the City and Licensee will execute the appropriate Exhibit A which shall be attached to this Agreement. (d) Upon Licensee's execution of the appropriate Exhibit A (and with respect to the initial Exhibit A, this Agreement), the documents will be presented to the City Council for consideration. Following City Council approval, the Licensee shall pay the applicable License Fee and the City will provide the Licensed Fibers to Licensee in accordance herewith. 6. Acceptance Testing and Completion of Licensed Fibers (a) Upon Licensee's request, prior to the Licensee's splicing into the applicable City Dark Fiber, the City shall have the Licensed Fibers tested at the Licensee's sole cost and expense in accordance with the procedures and standards specified in Exhibit "B" ( "Acceptance Testing "). Licensee shall be responsible for the timely completion of any work or installation required in order for it to place the Licensed Fibers into operation (and Licensee's failure to complete such work shall not be grounds for rejection of a Completion Notice). City shall give Licensee five (5) days prior notice of the time and location of the Acceptance Testing, and Licensee shall have the right, but not the obligation, to be present to observe the Acceptance Testing. City shall provide Licensee with a copy of such test results. City shall deliver the Licensed Fibers to Licensee in conformance with the fiber specifications set forth in Exhibit B. (b) Upon the successful completion of Acceptance Testing, the City shall provide written notice of same to Licensee (a "Completion Notice "). City shall contemporaneously deliver a copy of the results of the Acceptance Testing and Licensee shall, within fifteen (15) days of receipt of the Completion Notice, either accept or reject the Completion Notice (Licensee shall be permitted to reject only if Licensee specifies failure of the Licensed Fibers to satisfy the requirements of this Agreement) by delivery of written notice to City. Licensee's written acceptance shall constitute the Notice of Acceptance. In the event Licensee rejects the Completion Notice, City shall promptly, and at no cost to Licensee, commence to remedy the defect or failure specified in Licensee's notice. Thereafter City shall again conduct Acceptance Testing and (if successfully completed) provide Licensee a Completion Notice. The foregoing procedure shall apply again and successively thereafter until City has remedied all defects or failures specified by Licensee. Any failure by Licensee to timely reject a Completion Notice, or any use of the Licensed Fibers by Licensee for any purpose other than testing, shall be deemed to constitute acceptance for purposes of this Agreement and Licensee shall be deemed to have delivered a Notice of Acceptance upon the earlier of (i) such use or (ii) the fifteenth (15"') day after delivery of the Completion Notice. 7. Use of Licensed Fibers: Access Licensee's use of the Licensed Fibers shall be limited to supporting Licensee's business operations. Licensee shall not use the Licensed Fibers in violation of this Agreement, any applicable law, rule, regulation or order of any governmental is�6v9�i `�� authority having jurisdiction, or any franchise, license, agreement or certificate related to the City Network, unless the validity thereof is being contested in good faith and by appropriate proceedings (but only so long as such proceedings and Licensee's use of the Licensed Fibers does not, in City's reasonable opinion, involve any risk of the forfeiture, or loss of the City Network or the City of any other license of the City Dark Fiber, or any part thereof or any interest therein). Licensee shall have the right to interconnect the Licensed Fibers to Licensee's network at the existing Splice Vaults and such other points as are technically feasible and which are approved by the City in its sole discretion. Upon Licensee's request, City shall consult with Licensee regarding the location of the interconnection points with City during the design, engineering and permitting phases of any construction by Licensee. 8. Performance and Maintenance City shall maintain the Licensed Fibers pursuant to Exhibit "C ", so that at all times the Licensed Fibers perform in accordance with the standards set forth in Exhibit "B ". Inspection and maintenance of the Licensed Fibers will be conducted by City or its subcontractors upon the request of Licensee unless prior arrangements have been made between City and Licensee. The Licensee shall be responsible for all costs of the City relating to the inspection and maintenance of the Licensed Fibers requested by the Licensee and the Licensee shall pay the City for said costs within thirty (30) days of the City invoicing the Licensee. 9. Ownership and Title All ownership, rights, title and interest in all the Licensed Fibers provided by City hereunder shall at all times remain exclusively with the City. All right, title and interest in the Licensee's Equipment shall at all times remain exclusively that of the Licensee. 1 O. Liens and Encumbrances Neither party, directly or indirectly, shall create or impose any lien on the property of the other or on the rights or title relating thereto or any interest therein or in this Agreement. 1 1. Representations and Covenants Regarding Authorizations (a) Licensee hereby represents, warrants and covenants to City as follows: (i) Licensee is duly organized, validly existing and in good standing under the laws of the State of Minnesota and has full power and authority to execute, deliver and perform the terms of this Agreement. (ii) Licensee has or will use its best coniinercial efforts to obtain and maintain all rights, licenses, governmental regulatory approvals, authorizations, rights -of- -way, and other agreements and permissions necessary for the use of the Licensed Fibers, or Licensee's Equipment, as well as any other such rights, licenses, authorizations, rights -of- -way, and other agreements, easements, or permissions necessary for the installation and use of the Licensed Fibers. Licensee shall be solely liable for all costs related thereto. 157699v1 �^ $ (iii) Licensee covenants that its use of the Licensed Fibers shall at all times be in compliance with law and that Licensee has received and is in compliance with all regulatory authorizations. (b) City hereby represents, warrants and covenants to Licensee as follows: (i) City is duly organized and validly existing under the laws of its State of Minnesota and has full power and authority to execute, deliver and perform the terms of this Agreement. (ii) City has obtained and will maintain all rights, licenses, governmental regulatory approvals, authorizations, rights -of- -way, and other agreements and permissions necessary for the use of the Licensed Fibers, and the City Network including such rights, licenses, authorizations, rights -of- -way, and other agreements, easements, or permissions necessary for the installation of the City Network and use of the Licensed Fibers. City shall be solely liable for all costs related thereto. 12. Compliance with Law Each party shall perform its respective rights and obligations hereunder in accordance with all applicable laws, rules and regulations imposed by any governmental authority. 13. Access to Licensed Fibers The City shall provide Licensee with access to the Licensed Fibers shown on Initial Exhibit A upon the execution of this Agreement by the City and the Licensee or any Amended Exhibit A upon the City and the Licensee executing and attaching to this Agreement the applicable Amended Exhibit A. 14. Relocation of the Licensed Fiber Licensee recognizes that, from time to time, City may elect or be required to relocate the Licensed Fibers and/or City Conduit, whether such relocation is for the convenience of City or is a requirement by law or existing contract or by loss ofright -of- -way the City shall be solely responsible for all costs incurred to relocate the Licensed Fibers except for the cost related to the Licensee splicing into the new Licensed Fiber. For any other relocation, Licensee shall pay its proportional share of the cost, defined as - the number of Licensed Fibers divided by the total number of City Dark Fiber and Licensee Dark Fiber in any given Route Segment. City will use commercially reasonable efforts to effect any relocation in a manner that will not cause any material interruption to Licensee's use of the Licensed Fibers. 15. Condemnation and Casualty (a) Condemnation If all or any portion of the Licensed Fibers are taken for any public or quasi - public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain, the City and the Licensee shall be entitled to terminate this Agreement with respect to the Licensed Fibers affected, or if such condemnation materially affects the intended purpose of the Licensed Fibers, then Licensee may terminate the Agreement in its entirety. In such event, both parties shall be entitled to participate in any condemnation proceedings to seek to obtain compensation by separate awards for the economic value of their respective interests in the City Dark Fiber or the Licensed Fibers. 157699v1 6 �� (b) Casualty If all or any portion of the City Dark Fiber, the City Conduit or the Licensed Fibers aze made inoperable and beyond feasible repair due to a casualty or other Force Majeure Event (as that term is defined in Section 24 below), Licensee shall be entitled to terminate this Agreement with respect to the applicable Licensed Fibers affected by such casualty or other event. In such event, both parties shall be entitled to seek to recover the economic value of their respective interests in the City Dark Fiber, the City Conduit or the Licensed Fibers (i) under any insurance policy carried by either party or any third party, or. (ii) in either joint or separate actions, from any third party which may be legally responsible for causing such casualty. 16. Government Data Practices The parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any party under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by any party. If any party received a request to release data referred to in this clause that was received by the party receiving the request from another party, the party receiving the request to release the data must immediately notify the party from whom the data originated. The originating party will give the party receiving the request to release the data instructions concerning the release of the data to the requesting party before the data is released. 17. Liability and Insurance Each party to this Agreement shall be liable for its own acts or omissions and those of its own employees and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other party, its agents or employees. It is understood and agreed that liability and damages arising from the parties' acts and omissions aze governed by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch_ 466, the Minnesota Tort Claims Act, Minn. Stat. §3.736, as applicable, and other applicable laws. Each party warrants that it is able to comply with the aforementioned liability and insurance requirements through an insurance or self - insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 or Minn. Stat. §3.736, as applicable. This Agreement shall not be construed as and does not constitute a waiver by any Party of any conditions, exclusions or limitations on the party's liability provided by Minnesota Statutes, Chapter 466, Minnesota. Statutes §3.736 or other applicable laws. This clause will not be construed to bar any legal remedies that each party may have for another's failure to fulfill its obligations under this Agreement. 18. State Audits Under Minn. Stat. § 16C.05, subd. 5, each party's books, records, documents, and accounting procedures and practices relevant to this Agreement aze subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six yeazs from the end of this Agreement. 157699v1 ��� 19. Events of Default Each of the following events shall constitute an event of default (whether any such event shall be voluntary or involuntary or occur by operation of law or pursuant to any judgment, decree, order, rule or regulation of any court or administrative or governmental body): (a) The failure of Licensee to pay any License fee when due or any other payment due hereunder and the continuation of such failure for thirty (30) days after written notice is given by City demanding such payment; (b) If either party fails to observe or performs its obligations under this Agreement and does not cure such failure within thirty (30) days from its receipt of written notice of breach without, however, limiting any other rights available to the parties pursuant to any other provision of this Agreement_ If the default may not be reasonably. cured within such thirty (30) day period, either party may request the other party to grant an extension of the time to cure not to exceed ninety (90) days. (c) Except as expressly limited hereby, the City and the Licensee shall have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within the applicable time allowed to cure under the terms of this Agreement. 20. Rights Unon Default (a) Upon the occurrence of a default by Licensee, the City may forthwith terminate this Agreement by thirty (30) days written notice to Licensee. (b) Upon the occurrence of a default by the City, Licensee shall be entitled to terminate this Agreement or any particular Route Segment by written notice to the City. Unless otherwise explicitly set forth in this License, this shall constitute Licensee's sole remedy for the City's default. (c) The right of either party to terminate a specific Route Segment or this License shall be in addition to, and not in substitution for, any other rights that a party may have as a result of a default by the other party. In the exercise of its right of termination as herein provided, the non - defaulting party may, at its option, elect to terminate this Agreement in its entirety or only with respect to the particular Route Segment to which the defaulting party may be in default of its obligations under this Agreement. 21. Remedies Upon the occurrence and during the continuance of any event of default, the non - defaulting party may, at its option, declare this Agreement to be in default and may, in addition to any other remedies provided herein, terminate this Agreement. No remedy is intended to be exclusive, but each shall be cumulative and in addition to and may be exercised concurrently with any other remedy available to City or Licensee at law or in equity. 22. Termination 157699v1 �$ (a) Except as otherwise provided herein, this Agreement may be terminated, without penalty or further liability, by the applicable party, as follows: (i) by either party upon thirty (30) days written notice to the other party of a default as defined herein (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); (ii) either party may immediately terminate this Agreement if its does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source; or if funding cannot be continued at a level sufficient to allow for payment of the services covered here. Termination must be by written or fax notice to the other parties. A party is not obligated to pay for any services that are provided after notice and effective date of termination. A party will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding within a reasonable time of the party's receiving that notice. (b) Notice of Termination The parties shall give notice of termination of this Agreement in accordance with Section 29F of this Agreement. All License Fees paid by Licensee prior to said termination date shall be retained by the City. (c) Licensee's Liability for Early Termination If Licensee terminates this Agreement as to all or any Licensed Fibers, the Licensee shall pay to the City as liquidated damages for eazly termination, one hundred fifty percent (150 %) of the applicable annual License Fees for the applicable Licensed Fibers for the yeaz in which Licensee terminates. All License Fees previously paid to the City shall be retained by the City. (d) Removal of Licensee's Eauipment Upon termination of this Agreement for any reason, Licensee shall, within ninety (90) days of notice by the City to the Licensee as hereinafter provided, remove all of Licensee's Equipment. 23. Force Maieure Events Neither party shall be liable to the other for any failure of performance under this Agreement due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over such party, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wazs; or strikes, lock -outs, work stoppages or other labor difficulties (collectively, "FORCE MAJEURE EVENTS "). 24. Rights and Obligations of Licensee In addition to the rights and obligations of Licensee set forth elsewhere in this Agreement, Licensee shall: (a) have full and complete control, responsibility and liability for the signals distributed over the fiber optic components of the Licensed Fibers licensed by Licensee or for its benefit; 157699v1 C� �� (b) have full and complete control, responsibility and liability for the purchase, installation, construction and maintenance of the Licensee's Equipment; (c) have full and complete control, responsibility and liability for operating and maintaining any operating authority from any federal, state or local governmental body or agency that relates to the activities of Licensee under this Agreement, including Licensee's license of channel capacity on the Licensed Fibers. 25. Access and Security (a) Licensee agrees upon reasonable prior oral or written notice from the City (considered to be 5 business days notice for a request not Outage- related and as soon as possible for anOutage- related request) to allow the City direct ingress and egress to Licensee's Premises at such times as may be required by the City to perform any appropriate testing, maintenance and repair of the Licensed Fibers located at Licensee's Premises. Licensee may require that a representative of Licensee accompany any representatives of the City who have access to the Licensee's Premises; provided, however, that such requirement shall not delay or otherwise interfere with the City's ingress and egress to Licensee's Premises. (b) Licensee and Licensee's designee shall have the right to visit any facilities of the City over, under, on or upon or in which the Licensed Fibers are located, upon reasonable prior oral or written notice to the City (considered to be 5 business days notice for anon- service affecting request and eight (8) hours or less notice for aservice- affecting request) provided that the City may require that a representative of the City accompany any representative of Licensee or of any Licensee designee making a visit. Such visitation right shall include the right to inspect the Licensed Fibers and to review performance or service data, and other documents used in conjunction with this License. Employees and agents of Licensee or of a Licensee designee shall, while on the premises of the City, comply with all rules and regulations including, without limitation, security /safety requirements and, where required by government regulations, receipt of satisfactory governmental cleazances. The City shall have the right to notify Licensee that certain Licensee or Licensee designated employees aze excluded if, in the reasonable judgment of the City, the exclusion of such employees is necessary for the proper security and maintenance of the City's facilities. (c) The City agrees to allow Licensee direct ingress and egress to Licensee's premises at such times as may be required for Licensee to perform any appropriate testing, maintenance and repair. The City may require that a representative of the City accompany any representatives of Licensee on such visits to the City property otherwise outside the Licensee's premises. Employees and agents of Licensee or of a Licensee designee shall, while on the premises of the City, comply with all rules and regulations including, without limitation, security /safety requirements and, where required by government regulations, receipt of satisfactory governmental cleazances. The City shall have the right to notify Licensee that certain Licensee or Licensee designated employees aze is�69v�� 10 �� excluded if, in the reasonable judgment of the City, the exclusion of such employees is necessary for the proper security and maintenance of the City's facilities. (d) Notwithstanding the provisions of this Section, each party acknowledges that the operational efficiency of the other depends on the continuous availability of its trained personnel and, accordingly, both parties will act cooperatively to resolve any situations which may arise that threaten the security, operations or maintenance of either party's facilities prior to excluding any personnel. 26. Assignment Licensee may not assign, transfer, delegate or in any other manner dispose of, any of its rights, privileges or obligations under this Agreement without the express written consent of City. 27. .Dispute Resolution Pr ocedures . (a) The City and Licensee shall attempt in good faith to resolve any disputes that may arise under this Agreement. In the event that the City and Licensee aze unable to resolve any such dispute within thirty (30) days of the date on which the dispute arises, then either party may submit to the other notice (the "Mediation Notice ") that the parties shall mediate such dispute pursuant to this Section. Within ten (10) business days after a written request by either party, the parties shall agree in good faith upon a mediator. The disputing parties shall attempt in good faith to resolve their dispute in accordance with the procedures and timetable established by the mediator. If a resolution of the dispute is not reached by the 30` day after the appointment of the mediator, or such later date as may be agreed to by the parties, the mediator shall promptly provide the disputing parties with a written, confidential, non - binding recoimizendation on resolution of the dispute, including the mediator's assessment of the merits of the principal positions being advanced by each of the disputing parties. At a time and place specified by the mediator after delivery of the foregoing reconuiiendation, the disputing parties shall meet in a good faith attempt to resolve the dispute in light of the mediator's reconuizendation. Each disputing party shall be represented at the meeting by a person with authority to settle the dispute, along with such other persons as each disputing party shall deem appropriate. If the disputing parties aze unable to resolve the dispute at or in connection with the meeting, then: (1) any disputing party may commence such judicial proceedings as may be appropriate; and (2) the recommendation of the mediator shall have no further force or effect, and shall not be admissible for any purpose, in any subsequent judicial proceeding. The costs of the time, expenses, and other chazges of the mediator and of the mediation process shall be borne by the parties to the dispute, with each side in a mediated matter bearing one -half of such costs. Each party shall beaz its own costs and attorneys' fees incurred in connection with any mediation under this Agreement. (b) Unless otherwise agreed in writing or prohibited by applicable law, the parties shall continue to provide service, honor all other commitments under this Agreement and continue to make payments in accordance with this Agreement 157699v1 �I during the course of any dispute resolution and during the pendency of any action at law or in equity relating hereto. 28. Forum for Mediation or Litigation In the event that mediation or litigation is required in order to resolve any dispute or disagreement connected with this Agreement, it is agreed by and between the parties hereto that venue and jurisdiction for any such mediation or litigation shall be in Dakota County, Minnesota. Unless otherwise provided by law, any and all litigation between the parties hereto arising out of this Agreement shall be instituted and maintained in a court of competent jurisdiction in Dakota County, Minnesota. Any cause of action arising by virtue of the laws of the United States shall be instituted in a court of competent jurisdiction in the State of Minnesota. 29. Miscellaneous (a) Counterparts This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument, and in pleading or proving any provision of this Agreement, it shall not be necessary to produce more than one complete set of such counterparts_ (b) Captions: Gender Article and section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Whenever used herein the singulaz number shall include the plural, the plural shall include the singulaz, and the use of any gender shall include all genders. (c) Governing Law and Binding Effect This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of Minnesota. This Agreement shall bind and inure to the benefit of each of the parties and their successors and permitted assigns. (d) Waivers and Amendments This Agreement may not be amended nor shall any waiver, change, modification, consent or discharge be effected, except by an instrument in writing adopted, in the case of an amendment, by each party and, in the case of a waiver, consent or discharge, by the party against whom enforcement of such instrument is sought. Any consent by either party to, or waiver of, a breach by the other party shall not constitute a waiver or consent to any subsequent or different breach. If either party shall fail to enforce a breach of this Agreement by the other party, such failure to enforce shall not be considered a consent to or a waiver of said breach or any subsequent breach for any purpose whatsoever. (e) Relationship Not a Partnershiy or an AQency The relationship between Licensee and City shall not be that of partners or agents for one another and nothing contained in this Agreement shall be deemed to constitute a partnership, joint venture or agency agreement between them. 157699v1 12 (f) Notices All notices, requests, demands, statements, reports and other communications under this Agreement shall be in writing and deemed to be duly delivered, if delivered in person, by overnight courier or by certified or registered mail: If to City: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: Information Technology Manager With a copy to: Eagan City Attorney Severson, Sheldon, Dougherty 8c Molenda, P.A. 7300 West 147 Street, Suite 600 Apple Valley, MN 55124 If to Licensee: Beverley Miller Minnesota Valley Transit Authority 100 East Highway 13 Burnsville, MN 55337 With a copy to: Mr. James Strommen Kennedy &c Graven 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Either party hereto may change its mailing address by giving notice to the other pursuant to the provisions of this paragraph. (g) Disclaimers There are no agreements, warranties or representations, express or implied either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose or use, except those expressly set forth herein. (h) Entire Agreement This Agreement, including the exhibits, schedules and annexes hereto, which are hereby incorporated by reference and made a part of this Agreement as if they were fully set forth herein, constitutes the entire agreement between City and Licensee with respect to the subject matter hereof and supersedes all prior agreements and understandings between them as to such subject matter, and there are no restrictions, agreements, arrangements or undertaking, oral or written, between City and Licensee relating to the transactions contemplated hereby which are not fully expressed or referred to herein. (i) Severability If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule or law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions 157699v1 13 5I contemplated hereby is not affected in any manner adverse to either party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the greatest extent possible. IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed this Agreement on the dates indicated below. CITY OF EAGAN Dated: August , 2011 Dated: August , 201 1 STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) BY: Name: Mike Maguire Title: Mayor BY: Name: Christina M. Scipioni Title: Clerk The foregoing instrument was acknowledged before me this day of August, 201 1, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 157699v1 14 S� Date: August _24_, 201 1 Date: August 24, 201 1 STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) LICENSEE: MINN A VALLEY TRANSIT AUTO TY Name: _Willis E. ra�lnmg Title: Chair LICENSEE: MINNESOTA VALLEY TRANSIT AUTHORITY C � / ` Name: _Beverley Mill r Title: Executive Director The foregoing instrument was acknowledged before me this _24th_ day of August, 201 1, by Willis E. Branning and Beverley Miller, the _Chair and Executive Director, of Minmesota Valley Transit Authority, a Joint Powers Authority comprised of Minnesota municipal corporations acting pursuant to Mirm_ Stat_ §471.59, on its behalf. �� ������ Notary Public �[a1R y. ���� "MMBll71i �M1onE�p�,,� THIS INSTRUMENT WAS DRAFTED BY: 157699v1 15 S3 Severson, Sheldon, Dougherty 8c Molenda, P.A. 7300 West 147 Street, Suite 600 Apple Valley, MN 55124 157699v1 � 6� w a d w 0 H � as d �1 W 'Q d V �a d � w_ d� � �° �_ d h L d Ww � � a A 0 -� fl w � A L 6l E.y w CC A CC w V] Q d � "0 �I Q p Ga O p +�+ � V y oa �� w 's o � L �n+ .Yi' L _'° � Z A w N N d r � N_ 00 T R N U r'�... O C +"' N � C y � c� �' �" � � C] w cV _ � y °� W W v O C � O N o O U c �V -�' aka t--' v H i J 7 EXHiRIT "B" City Network Fiber Acceptance Testing Procedures and Standards The intent of this Exhibit is to identify the fiber acceptances testing procedures and standards used within the City Network. Deviations from these specifications may occur if City acquires a portion of the City Network from a third party pursuant to the Agreement. 1. All splices shall be fusion spliced. Mechanical splices aze only allowed during temporary restoration and will be replaced within three (3) business days, with fusion splices. 2. Fibers shall be terminated with Ultra SC -PC connectors (typical return loss of 0.50 dB). 3. After end -to -end connectivity on the fibers has been completed, bi- directional OTDR span and power meter testing will be completed. City shall perform tests after the fiber cable is installed and the splicing enclosures have been completed and are in their final resting configuration with the cable vault or hand hole covers closed. This ensures that no micro or macro bending problems with the cable or fiber strands will contribute to the loss /attenuation measurements. 4. Power meter tests shall be completed to verify and insure that no fibers have been crossed at any of the splice points within the network. City shall test and record power level readings on all fiber strands in both directions of transmission (bi- directionally) using the 131 O � 1550 nm wavelengths. 5 _ All OTDR and power meter tests shall be completed as follows: a. All OTDR traces shall be taken from both ends of a section (between adjacent Locations) and recorded using the 1310 8c 1550 nm wavelength. Loss /attenuation measurements for each splice point from both directions shall be taken and recorded. b. The end -to -end loss value as measured with anindustry- accepted laser source and power meter should have an attenuation rating of less than or equal to the following: (1) At 131 O nm: (0.35 dB /kni x km of cable) + (number of connectors x 0.50) + (O.OS x number of splices). (2) At 1550 nm: (0.25 dB /km x km of cable) + (number of connectors x 0.50) + (O.OS x number of splices). c. City's loss /attenuation objective for each fiber optic splice is O.OS dB when measured in one direction with an OTDR test set (excluding connector loss, which is typically 0.50 dB per mated connector pair). If after three attempts this parameter is not met, the splice will be mazked asOut -Of- -Spec (OOS) and the splice will remain provided the average loss /attenuation value of all splices on an individual fiber basis shall not exceed O.1 O dB for the entire ring or subsystem. d_ For bi- directional OTDR testing, the distance from Location "A" and Location "Z" shall be recorded for each splice point. The loss /attenuation at each splice point shall be recorded at both wavelengths (1310 nm c4L 1550 nm) in each direction. City shall then average the two readings to obtain the final average splice loss /attenuation for each splice point of each fiber strand within the fiber optic cable. e. Each fiber strand color must be recorded along with its buffer tube color or the ribbon color. The laser source transmit power level using the 1310 &� 1550 nm wavelengths will 157699v1 18 always be recorded together with the receive power level reading at the receiving end of the test. 6. OTDR traces will be taken and splice loss measurements recorded. City will store OTDR traces on electronic media. Loss measurements will be recorded using anindustry- accepted laser source and a power meter. Copies of all data sheets and tables and one set of diskettes with all traces will be available to Licensee. 7. Following emergency restoral, City personnel shall perform span test documenting end -to- end attenuation measurement of each fiber and will be completed in both directions at 131 O 8r. 1550 nm wavelengths. Upon permanent repair, new splice loss readings should be no greater than the original splice loss specifications. 157699v 1 (�19' J EXHIBIT "C" MAINTENANCE SPECIFICATIONS Planned Network Maintenance Activity A. Timing Except as set forth in the following sentence, City shall perform all maintenance between 0001 -0600 local time, Monday through Friday, inclusive, that will have a disruptive impact on the continuity or performance level of the Licensed Fibers. However, the preceding sentence does not apply to restoration of continuity to a severed or partially severed Licensed Fibers, restoration of dysfunctional power and ancillary support equipment, or correction of any potential jeopazdy conditions. B. Notice City shall provide Licensee with telephone, facsimile, or written notice of all non - emergency planned network maintenance no later than seven (7) business days prior to performing maintenance that, in its reasonable opinion, has a substantial likelihood of affecting Licensee's traffic. If City's planned activity is canceled or delayed, City shall promptly notify Licensee and shall comply with the provisions of the previous sentence to reschedule any delayed activity. 2. Miscellaneous A. Standazd of Care: Cooyeration In performing its services hereunder, City shall take workmanlike care and make commercially reasonable efforts to prevent impairment to the signal continuity and performance of the Licensed Fibers. In addition, City shall reasonably cooperate with Licensee in sharing information and analyzing the disturbances regarding the cable and/or fiber facilities. B. Licensee's Equipment Nothing contained herein shall make City responsible for the Licensee's Equipment. C. Escalation List City shall, at Licensee's request, provide Licensee an operations escalation list for use in reporting and seeking redress of exceptions noted in City's performance of routine maintenance and non - routine maintenance. 157699v 1 2 � 5 EXHIBIT "D" LICENSEE FACILITY LOCATIONS (Identify Licensee's facility locations by Route Segment number for each Route Segment.) 157699v1 21 Agenda Information Memo September 6, 201 1 Eagan City Council Meeting O. APPROVE CONTRACTUAL STREET PLOWING AGREEMENT ACTION TO BE CONSIDERED: Approve an Agreement for Contractual Snow and Ice Control services with Reliakor Services for the 2011 -2012 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. FACTS: The City of Eagan invited bidders to submit sealed quotations for the 201 1 -2012 snow and ice control season operations. Quotations were received from two bidders on August 1, 201 1. Following is a summary of the bids received: Equipment Hourl Rates Reliakor Services Gallagher's Inc. Motor Grader $120 $123 Frontend Wheel Loader $1 15 $123 Sin le Axle Dum Truck $95 $100 • Reliakor Services was the successful bidder for the street and cul de sac snow removal. The 201 1 -2012 contract is renewable upon agreement by both parties for a second year. • The City has made adjustments to the routes covered under this contract as well as the requirements for equipment to be provided by the bidder in an effort to improve the timeliness and quality of this service delivery program to residents. • This will be the City's first year utilizing Reliakor Services. Staff has had extensive conversations with the vendor and has received assurance that the necessary equipment is currently available or will be made available no later than November 15, 2011. • The agreement provides for the continued use of a fuel surcharge clause allowing for re- imbursement of agreed upon quantities of fuel purchased at a rate above $3.00 per gallon for the 201 1 -2012 snow and ice control season_ • The City Attorney has reviewed the contract documents and found everything to be in order for favorable Council consideration_ �� Agenda Information Memo September 6, 2011 Eagan City Council Meeting P. CONTRACT 09 -13. DUCKWOOD DRIVE EXTENSION STREET 8c UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 09 -13 (Duckwood Drive Extension — Street 8c Utility Improvements) in the amount of $28,230.41 to Ryan Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 09 -13 provides for the street and utility improvements for the Duckwood Drive extension through the Stonehaven development, to Wescott Woodlands, in central Eagan. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. �--C� Agenda Information Memo September 6, 2011 Eagan City Couneil Meeting Q. PROJECT 1039. WILDERNESS PONDS ADDITION STREET IMPROVEMENTS -FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1039 (Wilderness Ponds Addition — Street Improvements) and schedule a public hearing to be held on October 4, 201 1. FACTS: • Project 1039 provided for the street improvements of Wilderness Curve and Wilderness Lane, within the Wilderness Ponds neighborhood in south - central Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 11 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 22% less than the estimate contained in the feasibility report presented at the public hearing held on January 4, 2011 due to favorable bids received. �� Agenda Information Memo September 6, 2011 Eagan City Council Meeting R. PROJECT 1044. CLEARVIEW ADDITION STREET IMPROVEMENTS -FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1044 (Clearview Addition — Street Improvements) and schedule a public hearing to be held on October 4, 201 1. FACTS: • Project 1044 provided for the street improvements of Lenore Lane and Beecher Drive, within the Clearview neighborhood in southwest Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 11 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties_ • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 27% less than the estimate contained in the feasibility report presented at the public hearing held on December 21, 201 O due to favorable bids received. I� Agenda Information Memo September 6, 2011 Eagan City Council Meeting S. PROJECT 1045. GALAXIE/ CLIFF (PLAZA DRIVEL STREET IMPROVEMENTS -FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1045 (Galaxie /Cliff Additions — Plaza Drive Street Improvements) and schedule a public hearing to be held on October 4, 201 1. FACTS: • Project 1045 provided for the street improvements of Plaza Drive in southwest Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council_ • This project, constructed under Contract 11 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 21 % less than the estimate contained in the feasibility report presented at the public hearing held on December 21, 201 O due to favorable bids received. T Agenda Information Memo September 6, 2011 Eagan City Council Meeting T. PROJECT 1048, BLUE CROSS ROAD STREET IMPROVEMENTS -FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1048 (Blue Cross Road - Street Improvements) and schedule a public hearing to be held on October 4, 201 1. FACTS: • Project 1048 provided for the street improvements of Blue Cross Road in northwest Eagan. The street improvements were completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 1 1 -O 1, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 6% less than the estimate contained in the feasibility report presented at the public hearing held on December 21, 201 O due to favorable bids received_ I� Agenda Information Memo September 6, 2011 Eagan City Council Meeting U. CONTRACT 11 -01, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 11 -01 (Citywide — Street Improvements) in the amount of $96,362.10 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract 1 1 -O 1 provided for the street improvements of: o Park Knoll Addition (City Project 1021) o Wilderness Ponds Addition (Project 1039 o Fairway Hills Addition (Project 1040) o Clearview Addition (Project 1044) o Galaxie/ Cliff Plaza (Plaza Drive) (Project 1045) o Blue Cross Road (Project 1048) o Wilderness Run Road (Project 1049) and parking lob driveway improvements of: o George Ohmann Park o Trapp Farm Park These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. (�� Agenda Information Memo September 6, 2011 Eagan City Council Meeting V. PROJECT 1083. BEACON HILL ROAD STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report for Project 1083 (Beacon Hill Road —Storm Sewer Improvements). FACTS: • On September 4, 2001, the City Council approved Project 823, Beacon Hill Road (North) - Storm Sewer Improvements, in response to the drainage issues resulting from the July 2000 Super Storm. The improvements included the re- grading of the emergency overflows (EOF), or drainage swales, to allow overland drainage to flow between residences on Beacon Hill Road that flooded as a result of the significant storm event. • On December 16, 2003, the City Council accepted the public improvements constructed under Contract 01 -15, including the storm sewer improvements for Project 823. • Since the completion of the July 2000 Storm Improvements, 4663 Beacon Hill Road has flooded as a result of three different subsequent storm events that were much smaller than the July 2000 event. Damage to the interior of the residence has occurred as a result of each event. City staff is unaware of any continued flooding problems for the two other homes that were impacted by the July 2000 Storm. • After the most recent flooding as a result of an August 13, 201 O storm event, the home owner contacted City staff requesting further assistance. Field survey measurements were taken to verify existing conditions to the July 2000 Storm Improvements. An updated computer analysis for the storm sewer system was run to verify consistency between experienced and projected flood elevations. Said analysis indicated that flooding may still occur to a degree greater than anticipated. Cursory suggested resolutions to the continued flooding were limited in apparent benefit. • The property owner has requested that the City of Eagan construct storm sewer improvements that address the repeated flooding of the residence which would meet the City's standard of protection fora 1 %storm event. • Based upon the repeated flooding of this residence, a more in depth analysis needs to be initiated that could extend beyond the affected property into the adjacent neighborhood. It would be appropriate for the City Council to authorize the preparation of a Feasibility Report by the City's consulting engineering firm of Short - Elliot- Henrickson, Inc. (SEH) to refine the scope, cost, schedule and method of financing the construction of the necessary storm drainage improvements. l Agenda Memo Regular City Council Meeting September 6, 201 1 CONSENT AGENDA: W. Approve Writer for Eagan History Book Project and Authorize Preparation of Legacy Grant Application ACTION TO BE CONSIDERED: Approve writer competitively selected from RFP process for Eagan History Book process and authorize preparation and submittal of Legacy Grant application FACTS: • The "Lone Oak Years" history book, published in 1985, previously covered the founding families and early history of Eagan as a township. • Following Eagan's Sesquicentennial in 201 O, the approved 201 1 Communications Department budget authorized preparation of a book concentrating on the history of the C� of Eagan since its inception in 1974. • On July 1 9, 201 1 , the City of Eagan issued a request for proposals (RFP) to identify a writer /researcher to conduct interviews, review and research background materials, select historic imagery, to write 100 -150 page book and prepare digital files in a design acceptable to the City. • Several writers with historical research/writing credentials submitted proposals_ Two were interviewed by the selection committee, who recommended Daniel J. Hoisington because of his specific experience with other city histories in Chanhassen, Roseville, Eden Prairie, New Ulm, and both Brooklyn Park and Brooklyn Center. • The writer also has a successful background of app -lying for Legacy Grants from the state, which are available again, beginning September 16, and will do so at no additional charge. • The writer's bid is $21,800 which is all inclusive for the services requested and was judged to be the most complete and cost - appropriate of the proposals received_ • With authorization, the City of Eagan intends to immediately apply fora $7,000 Legacy Grant to help defray the costs of this project. ATTACHMENTS: Copies of cover letter and addendum dated August 5 and August 31 respectively on pages and�� i Daniel J. Hoisington August 5, zoxx Tom Garrison Communications Director City of Eagan 383o Pilot Knob Road Eagan, MN SSx2a Dear Mr_ Garrison, Your book project sounds like quite a challenge, given its scope and timeline, but I've worked with several similar projects_ - Chanhassen: !� Centennial History - Roseville: The Story oflts Growth, T/ol. II (as editor) - The Brooklyns: The Story of Brooklyn Center and Brooklyn Park (as editor) - Heritage: Preserving Eden Prairie's Past While each met the specific requirements of the sponsoring orgnization, all touched on the historic development of the suburbs. this project appears to be an opportunity to take it one step farther. For the Chanhassen book, I worked with a local committee to complete more than fifty oral history interviews. Although not community histories, I also completed equally ambitious oral history programs for two schools of nursing (Swedish in Minneapolis; Mounds - Midway in St. Paul). In addition, I worked with St. John the Baptist Church in Excelsior to complete a history that included dozens of oral history interviews. I attach a proposal and two sample books, each using slightly different formats_ The Eden Prairie book was given the David Gebhard Award from the Minnesota Chapter of the Society of Architectural Historians and my history of New Ulm, Minnesota, won a commendation from the American Association for State and Local History. For references, you might chat with Ernee MacArthur —chair of the Brooklyn project — at (763) 56o -oi91_ Or contact Marilyne Gustafson, chair of the Mounds - Midway Alumni Association project, at marilynegC- +�phouse.com. I c1 enjoy the opportunity to sit down and talk with you. Sincerely, Daniel J. Hoisington (09 P.O. BOX :379° ROSEVILLE MN 55Z 651. BOOgSQEDINBOROUGH.COM Edinborough Press August 3x, zoxx Tom Garrison Communications Director City of Eagan 3g3o Pilot Knob Road Eagan, MN Ssxzz Dear Mr. Garrison, I would enjoy the opportunity to work with the City of Eagan to tell its history. As outlined in my proposal, dated August S, zou, I would= - Research existing sources, relying on the collections of the Minnesota Historical Society, the Dakota County Historical Society, the University of Minnesota, the Metropolitan Council, and the City of Eagan. - Gather historical information and photographs from public archives and private collections. - Conduct oral history interviews. - Write a text of approximately So,000 to 65,000 words and select photographs and illustrations. - Design the book and prepare digital files for the printer. - Work with the city to develop a plan to market and distribute the book. In addition, given my experience with the Minnesota Legacy Grant program, I offer my assistance with upcoming applications. As we discussed in our telephone conversation, I intend to work closely with you to develop a well- designed book that will be thoroughly researched and written in a lively and informative manner. The publication will be one of which the city can be proud. To confirm my earlier proposal, I would complete this work for szx,Soo. If you have any additional questions, do not hesitate to ask. Sincerely, Daniel J. Hoisington Edinborough Press P.O. BOX i3790 AOSEVILLE MN 55 113 -2293 651. 415 -I�34 DJHOISINGTON�a EDINBO[iOUGH.COM �� Consent Agenda Information Memo September 6, 2011, Eagan City Council Meeting X_ APPROVE REVISED OPEN SPACE PLAN FOR STONEHAVEN DEVELOPMENT — LENNAR ACTION TO BE CONSIDERED: To approve a Revised Open Space Plan for the Stonehaven development to permit construction of a picnic pavilion in the southeast portion of the development site. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The Stonehaven development is zoned PD, Planned Development. ➢ The Stonehaven Planned Development includes a Conservation Easement over the open space, which prohibits improvements and structures other that those identified in the adopted Open Space Plan. ➢ The Open Space Plan identifies the plantings, trails, signage and amenities within the Open Space area. ➢ Lennar is proposing to construct a pavilion or picnic shelter in the southeast portion of the development which is not currently part of the Open Space Plan. ➢ The proposed structure is an open -sided roofed structure measuring approximately 20' by 30'. ➢ The revised Open Space Plan adds the pavilion to the graphic exhibit included in the document. No other changes or modifications are proposed to the Open Space Plan. ➢ Approval of the revised Open Space Plan will allow construction of the pavilion structure within the Open Space, and a trail access to the pavilion. ISSUES: None ATTACHMENTS: (2) Location Map on page . Detail of shelter area on page � . �I t h ; .o¢ L��HS 2j�/�O� f z � O _ _ _ o . - _ _ _ _ _ - _ _ _- _ - _' - - - _ s _, _ _ - _ > ` _ _-' _ _ s _ .. _ _ I � : � l �� =- �s��i � � � �a 3 ���- -��® eve ye i � - � � � � r� �. -� �_ ,., =� -� �� =_ _. �a -_ � � - �;��= i i_ =� � � � � � O d � C � m_ O C C O � � y tai � � � r � -��o�° �3 Agenda Information Memo September 6, 2011, Eagan City Council Meeting OLD BUSINESS A. FLOODPLAIN MANAGEMENT ORDINANCE AMENDMENT —CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to City Code Chapter 1 1 by adopting new Flood Insurance Rate Maps and National Flood Insurance Program requirements and direct the City Attorney to publish same in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: The City of Eagan is a participant in the National Flood Insurance Program (NFIP) which allows Eagan residents to become eligible for national flood insurance. The Federal Emergency Management Agency (FEMA) establishes Flood Insurance Rate Maps (FIRM) that provide a Base Flood Elevation determination and specific locations of flood hazard areas within Eagan. FEMA in coordination with Dakota County have completed an update of these maps for the county and they will become effective on December 2, 201 1. Prior to the effective date, the City must comply with certain amended requirements under Section 1361 of the National Flood Insurance Act of 1968. Failure to comply with these regulations may mean discontinued eligibility in the NFIP. The City Council directed staff to prepare this amendment in preparation of the maps to be implemented in June 201 O. Due to an error found in another part of Dakota County, all County maps needed to be republished by FEMA which delayed the adoption by eighteen months. The maps are now complete and there were no changes during this time that effected Eagan. The new FIRMS indicate no significant changes to the base flood elevation or hazard areas with the city from the 1978 maps. However, FEMA has changed the flood hazard area designations and now divides the flood hazard area (Zone AE) into two categories; the Floodway and Flood Fringe. �� The Special Flood Hazard Area will continue to be limited to the area west of Hwy 13, toward the Minnesota River Valley and there are currently no known private structures located within the Floodplain area with the exception of anoff- premise sign (billboard) located near Hwy 77. At a public hearing on August 23, 201 1, the Advisory Planning Commission recommended to approve the Floodplain Ordinance Amendment. ATTACHMENTS (4): Floodplain Management Area Map on page�� Draft August 23, 201 1 APC minutes —7p Staff report, DNR Letter of Acce tance and D]'aft Ordinance on pages / O through �! Letter from FEMA on pages �[ through /� �� I \` _ �. � re ��` ~ � ��, t .�� � s � i �� ���� - -� � �i _...'" is - � VE <_Y... i � [` �` �� ° "3; s I I , �� ��� m � .TM .E \ _ q•. 6F 4. we w � � � � l0 E OAK R 1- ____________ _ �_� N OAD j D j CC. � �c °ao � °� e = �v � �' � � .,,mow` �'`� �� - � �' "� °�o j �- .' � W Fa4 o�q s 4., 3 � ��AE;F,Ioodway: a `� j o 4 � �, � �, j t .F ��. �� j � �v � Picw G••• �' � � § 3 YANKEE DDODIE (mAD ' � � fi i ... -Fa � 3 � n �� f�� ... . � .:.. 4,q � o .. • s n \'Y\ � 4w°'t. mo d' �� ,a' m z. '. �- 3 } 'p 4�..t � 'k I a B $ � � �. K ..usaxv j 4 nw ��� a99R. Nei S ^.. u:�c - � .n•'� ��. F °�"m g eaa _ yes.. a.. e``� � �_ ���'� Zone AE Flood Fringe 't _ �� I g � w o _ c �£* =° � �� - �. _3�` _. n x4` � mv�a. +cKr �` ss .%- �`^ °k°'•q era ev: _ �: � �o _..4"� �...°. � � 4Y j .rG� .ti j..d.� i °� w�.oawcr. u° o wq_.. �, Zone X- I °`°o �` g j �. - �� w,,..a ����w� '¢� %(:2 % flood chance) '� � =�a � � J ��� :� "�° � ��C �` 6 I Y'f Q..., ea3iJ Gi • °c a�� � .4�i _g • I •44 � � F \9 �� Pj �Pi i m � o?.a `.op me � � 12.SISMP4 iwvrr.t I cl �� ba$ v �dt. ���� � ctto e. � � a ' -'3s ° 1 �E � �� - - i O� aw T+ � � 3 L.'o<T rXw� a r � a I .rnW � ! jpu ` Fe ��E z_ � • Nay °• � °nve ;aowr SVR ar G l µoy[eµ ry A �` c�?E <�iPw. vS � � o\d = .nc« o o� o e <? .r � �. 'E I � m g t .� E� � ra+.roar �;�5�" .. oxs� °�'_. oa°; _ �w�,.,.w. a. x.wo.o YE e.t .. e'41E. .. _._— .,.' � � - ...m,.... N ,..o City of Ewan Floodplain Management Area Flood hazard information shown here is provided by FEMA and used here for illustration purposes only. FEMA Flood Hazard Zones - (effective Dec. 2, 2011) Zone AE- (subject to 1 °/ annual chance flood)` j Floodway area in Zone AE Zone X -(.2 °/ annual chance of flood) '_ '. Zone X -(area outside of .2 °/ annual chance of flooding) `Note: The Flood Frinoe is an area inside Zone AE but outside the Floodway. o i.000 z000 a,000 FeeF IV Advisory Planning Commission August 23, 201 1 Page 6 of 7 C. Floodplain Management Applicant Name: City of Eagan Application: Ordinance Amendment Amendment of City Code Chapter 11 , Section 1 1.66, adopting new Floodplain Management requirements including updated FEMA Flood Rate Insurance Maps and Flood Insurance Study. File Number: 01- OR- 03 -02 -10 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated July 27, 2011 . - Member Vanderpoel questioned why an Ordinance Amendment was`�ecessary if there are a no private structures in the flood area other than a large a billboa`rcl sign. ' Planner Ridley stated that the City needs to adopt the Ordinance in order for anyone in the City to have access to Flood Insurance. Member Vanderpoel also questioned whether this was a nev✓ .frdinance or an Amendment to an existing Ordinance. Planner Ridley clarified that this was essentially a new Ordinance. Chair Heaney opened the public hearing at.7:Q4'p.m., There being no public comment, Chair Heaney, closed -the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Filipi seconded to recommend approval of an Ordinance Amendments to Chapter 11_, Section 11 .66 amending floodplain management requirements. All voted in favor. Motion carried 7 -O. �� PLANNING REPORT CITY OF EAGAN REPORT DATE: July 27, 201 1 APPLICANT: City of Eagan PROPERTY OWNER: City of Eagan REQUEST: Ordinance Amendment LOCATION: Citywide COMPREHENSIVE PLAN: N/A ZONING: N/A CASE: O 1- OR- 03 -02 -1 O HEARING DATE: August 23, 2011, APPLICATION DATE: March 19, 2010 PREPARED BY: Erik Slettedahl SUMMARY OF REQUEST To amend the City Code Chapter 11, Section 11.66, as it pertains to the floodplain management requirements. AUTHORITY FOR REVIEW City Code Chapter 1 1, Section 1 1.50, Subdivision 5 states, in part: 1. The provisions of this chapter tnay 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 oftwo- thirds of all members of the council. BACKGROUND /HISTORY The National Flood Insurance Program (NFIP) was established with the passage of the National Flood Insurance Act of 1968. This federal program allows property owners in participating communities, such as Eagan, to purchase insurance as protection against flood losses. In exchange, participating cities must adopt floodplain management regulations that reduce future flood damage. Floodplain management regulations are based on flood hazard data provided by the Federal Emergency Management Agency (FEMA). Flood hazard data is provided to the communities in the form of a Flood Insurance Rate Map (FIRM) and a Flood Insurance Study (FIS). Under FEMA's map modernization program, an updated FIS was recently completed for Dakota County which also included corresponding new FIRM's for each community. As a result of Planning Report — F loodplain Management Ordinance Amendment August 23, 2011 Page 2 these data changes, participating cities must adopt new floodplain management regulations that incorporate both the revised study and maps, and any additional requirements that result from the data changes. At their regular meeting on January 19, 2010, the City Council directed staff to prepare an amendment updating the City of Eagan floodplain management regulations. Since that time, an error was discovered with one of the FIRM's in Dakota County. Since FEMA processed all of the FIRM's in Dakota County together, the adoption date of these maps was delayed 18 months while FEMA made corrections and completed procedural steps. As a result, Eagan's FIRM's will go into effect December 2, 2011. All conditional ordinance approvals required by the State DNR were completed in 201 O. ANALYSIS The FIRM's currently in effect for Eagan were first completed in 1978 and indicate a flood hazard Zone A (1 %annual chance flood -with no base flood elevation determined) being limited to an area along the Minnesota River and contained primarily west of the Union Pacific Railway line that runs parallel to Hwy 13. Under the revised flood study for Dakota County, base flood elevations for the Minnesota River were determined and the flood hazard area was identified as relatively unchanged from the 1978 maps. New FIRM's were created for Dakota County that establish the flood hazard area as Zone AE (1% annual flood chance with base elevations determined), but in addition, define new Floodway and Flood Fringe areas within the AE Zone. In addition to adopting the new flood study and maps, FEMA requires other new floodplain management regulations to be incorporated into local ordinance of participating cities. Most of the properties that are subject to floodplain management requirements are in the Fort Snelling State Park area or are under other public control, and contain no known nonconforming uses or structures. Exceptions to this are located west of the railway line near Nicols Road including three (3) parcels currently owned by Clear Channel/Naegle containing an existing off - premise billboard sign and one (1) vacant 1.5 acre parcel privately owned and currently listed for sale. However, Shoreland Zoning standards, as well as wetland and soil issues, currently restrict development in this area. The attached draft ordinance was reviewed by the Minnesota DNR and received conditional approval to proceed with adoption. FEMA requires that all participating communities in Dakota County have their floodplain management ordinance adopted by December 2, 2011, or risk being suspended from the program. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 1 1 , Section 1 1 .66 amending floodplain management requirements. �9 � � �s I \ � \� � � �\ � \ ., ��' `` � \ `�\ \ Q Ems. =E. v,,. ` \ -` i ti m � t - �� � z= t' Y �- I � � LON� °qK ROAD :. j A._.- a,= �i is �; IAO -P ��Zo'ne`AE;F,loodway ` 9 j $ ' �. �• �.,�. s °�° 4 _____ � a� ________ _ �_ � _ � YANKEE pJODLE ROAD '"+. p �' I � � L c � N g � oa .,>•�"' 1�V m r c... ua � `` � � ,e I ._ �_ . `'�. -/ Zone AE Flood Fringe __ ;£ I $� _� �. �� �� I �.1 9 Fn a'LLea li Zone X PrE I °� -A. � r �°� �� 5# _ 9 q c 8 `.EA: o.-t =..o '� -�`(.2 % flood chance) _� r l � ,'' � ;� .E ""'�� ?`° I � �a � t e� = I F _ _ �; ` __ .F. r c � �I .u= 5y . _ °t CA.I cF � �. c-'- ,_.. q . 3. t=`. I .__ � 1. ac_. �PSN. I }._ a .. - `_ c z v ��� ` � {-" ' �� J t � a 3 g� - ' � ol � � 9�,Y P. `fie ..� eA � >`a v! � y e a FEMA Flood Hazard Zones- (effiective Dec. 2, 20'1'1) City of Eagan Zone AE- (subject to 1% annual chance flood)' i Floodway area in Zone AE Floodplain Management Area �� Zone X -(.2 °o annual chance of flood) Zone X -(area outside of .2 °/ annual chance of flooding) Flood hazard information shown here is provided `Note: The Flood Fringe is an area inside by FEMA and used here for illustration purposes only. � Zone AE but outside the Floodway. o i,coo z.000 a,000 Fear N Minnesota Department of Notural Resources DNR Central Region Waters, 1200 Warner Road, St. Paul, MN SS I O6 Telephone: (651) 259 -5845 Fax: (651) 772 -7977 April 9, 2010 Mr. Grik Slettedahl, Community Development City of Eagan 3830 Pilot Knob Road Eagan, Minnesota SS I22 Dear Mr. Slettedahl: CONDITIONAL STATE APPROVAL OF DRAFT FLOODPLAIN ORDINANCE AND REQUIRED NEXT STEPS Minnesota) D ePARTMENT CP NANRAL flESCURCE The Department of Natural Resources (DNR) received the latest draft of a proposed floodplain management ordinance for the City of Eagan via a -mail on April 8, 201 O. This proposed floodplain ordinance is being adopted to incorporate the Flood Insurance Study, Dakota Coznzty, Minnesota acrd Incorporated Areas and the accompanying Flood Insurance Rate Map panels with an effective date of June 18, 2010. This ordinance is also being adopted to incorporate floodplain ordinance text revisions mandated by the Federal Emergency Management Agency (FEMA) for communities participating in the National Flood Insurance Program (NFIP). I am pleased to inform you that the above -cited draft floodplain management ordinance is in compliance with Sta[ewide Standards and Criteria for Management ofFloodplain Areas of Minnesota, Minnesota Rules, parts 6]20.5000 to 612D.6200. Therefore, in accordance with Minnesota Statutes, Chapter 103F, I hereby give conditional state approval of the above -cited draft floodplain management ordinance. To the best of my knowledge, this draft ordinance is also in compliance with the floodplain management standards of the Federal Emergency Management Agency. This approval is valid upon adoption of the draft ordinance by the city attd receipt by this office of tl :ree (3) certlfred copies of the adopted ordinance a »reudsuerzts a /ong with the signed and completed "ordinance Certification Checklist" that I have included. We will review the ordinance to make sure it meets t}Te conditions in this letter and forward the documents to Ceil Strauss, the DNR's State NFIP Coordinator in St. Paul. Upon receipt and verification, Ms. Strauss will transmit the adopted ordinance to FEMA's Chicago Regional Office. Please remember, FEMA must receive a signed, certified ordinance, and in- effect ordinance no later than June 18, 201 O. To allow sufficient time for processing and transmittal, we request that you submit the ordinance to the DNR at least one v♦•eek prior to the June 1 8, 2010 effective date. If FEMA leas not received the documentation Ir the effective date, FEMA wi /!suspend the City of Eagan from the National Flood Insurance PrograrrL www.dnr.stnte.mn . us AN EQUAL OPPORTUNITY EMPLOYER >:� PRINTED ON RECYCLED PAPER CONTAINING A MINi/.1UM OF 10% POST- CONSUMER WASTE g� Mr. Erik Slettedahl April 9, 2010 Page T�vo Please be advised that any future amendment of this draft ordinance or change in the designation of flood prone areas requires prior approval of the Commissioner. In addition, you are required to send copies of hearing notices and final decisions pertaining to variances, conditional uses, and ordinance amendments to this agency. Please send these notices directly to DNR Waters' Area Hydrologist Janell Miersch at 1200 Warner Road, St. Paul, MN 55106 (651- 259 - 5776). Please rely on Ms_ Miersch for day -to -day assistance in enforcing this ordinance. The DNR greatly appreciates your community's cooperation and initiative, and in particular your individual effort to meet the deadlines, in providing for the reduction of flood damages through the adoption and administration of this ordinance_ Sincerely, Da[/ � /�! . Homuth Regional Hydrologist Enclosure (Ordinance Certification Checklist) Michael McGuire, Eagan Mayor Thomas Hedges, City Administrator Salam Murtada, Floodplain Hydrologist Cell Strauss, NF1P Coordinator Janell Miersch, Area Hydrologist The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on 201 1 . ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.66 REGARDING FLOODPLAIN DISTRICTS AND REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 1 1.99. Section 1 1.66 of the City Code regarding floodplain zoning regulations is amended to update the City's Flood Insurance Rate Map (FERN), effective December 2, 2011, developed by FEMA and to comply with the federal National Flood Insurance Programs regulations as codified in 44 Code of Federal Regulations, Parts 59 to 78, and any amendments thereto established and adopted hereafter from time to time. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect on December 2, 201 1 . 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 11.66 REGARDING FLOODPLAIN DISTFZICTS AND REGULATIONS; 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 changing Section 11.66 to read as follows: Sec. 11.66. Floodplain Overlay Districts: Floodway District (FW) and Flood Fringe District (FF)- Subd. 1. Finding of facts and purposes_ A. A portion of the lands within the regulating jurisdiction of the city is subject to recurrent flooding by overflow of rivers and other watercourses causing a hazard to life and property, disruption of commerce and governmental services and the interruption of transportation and conununications, all of which are found by the council to be detrimental to .the health, safety, welfare and property of residents of the city. B. It is the purpose of this section to promote the public health, safety, and general welfare by minimizing the losses described in subparagraph A above. C. Statutory authorization. The legislature of the State of Minnesota has, in Minn. Stat.,Chapters 103F and 462, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minn. Stat., Chapter 103E fiu provides that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. D. Statement of purpose. The purpose of this section is to maintain the city's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures base, all of which adversely affect the public health, safety and general welfare. E. Warning of disclaimer of liability. This section does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result front reliance on this section or any administrative decisions lawfully made thereunder. Subd. 2. Defznition. The following terms, as used in this section, shall have the meanings stated: Accessory Use or Strzzcturc means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Basement means any area of a structure, including crawl spaces, having its floor or base sub - grade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Equal Degree of Encroachment means a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Flood Fringe means that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" as used in the Flood Insurance Study for Dakota County. F000dplain means the areas) adjoining a wetland, lake or watercourse which have been or may be covered by the 100 year regional flood. For purposes of land within the City, floodplain shall consist of the floodway and the flood fringe areas delineated'ott the City's FIRM. Flood Proofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining land which are reasonably required to carry or store the regional flood discharge. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is' not considered a building's lowest floor. Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." Recreational Vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest projection, is designed to be self - propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this Section, the term recreational vehicle shall be synonymous with the terns travel trailer /travel vehicle. Regulatory flood protection elevation means a point not less than one foot above the water surface profile associated with the regional flood plus any increases in the flood heights attributable to encroachments on the floodplain that result from designation of a floodway. It is the elevation to which uses regulated by this section are required to be elevated or floodproofed. p 2 D� Structure means anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption provisions of this Section and other similar items. Substantial Damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement means within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after. damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50, percent of the market value of the structure before the "start of construction" of -the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:. '1. (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been = identified by the local code enforcement official and which are`;the minimum necessary to assure safe living conditions. (b) Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continixed designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1. Sttbd. 3. General provisions. A. Adoption of the National Flood Insurance Program Regulations. The National Flood Insurance Program regulations as codified in 44 Code of Federal Regulations Parts 59 to 78; and any amendments thereto established and adopted hereafter from time to time, are hereby adopted by reference as though set forth verbatim herein.; B. Adoption of Flood Insurance Study and flood insurance rate maps. The Flood Insurance Study of Dakota County, Minnesota and Incorporating Areas and the Flood Insurance Rate Map (FII2M) for the city Panel Nos. 27037C0080E, 27037C0081E and 27037C0090E and the Flood Insurance Rate Map Index (Map Number 27037CIND4B), effective December 2, 201 1, developed by the Federal Emergency Management Agency, is hereby adopted by reference as the official floodplain zoning district snap and made a part of this section. The official Zoning Map shall be on file in Offices of the City Clerk and the City Planner. C. Lands to N�hich floodplain regztlations apply. Regulations in this section shall apply to all lands designated on the City's FIRM as floodplain within the jurisdiction of the city. D. May interpretation. The boundaries of the floodplain district shall be deterniined by scaling distances on the official floodplain district map. Where interpretation is needed as to the exact location of the boundaries of the floodplain district, the city shall make the necessary interpretations based on the ground elevations that existed on the site at the time the City initially enacted floodplain regulations in this Code or the date of the first National Flood Insurance Program map that delineated or identified a floodplain on the site, whichever is earlier on the regional (100 -year) flood profile, if available. If 100 -year flood elevations are not available, the city shall: (1) require a floodplain evaluation consistent with subdivision 5 of this section to determine a 100 -year elevation for this site; or (2) base its decision on available hydraulic /hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the floodplain. E. Relationship to other city zoning regz�iations. The floodplain zoning districts shall be considered an overlay zoning district to all existing land use regulations of the city. The permitted and conditional uses set forth in £hi section shall be permitted only if the use is a permitted or conditional use in the. e "stablished, underlying zoning district as set forth elsewhere in this Chapter. The requirements of this section shall apply in addition to other legally es£ablished regulations of the city and where the floodplain regulations contained in this section impose greater restrictions, the provisions of the floodplain regulation shall apply_.''°, F. Compliance. No new structure or land shall hereafter be used and no structure shall be located, enlarged or extended, corivei repaired, maintained, or substantially improved or structurally altered without full compliance with the terms of this section. Within the floodplain, all uses not listed as a permitted use or a conditional use in this Section shall be prohibited. In addition: 1 . Modifications, repair and maintenance, additions, structural alterations or repair after substantial damage to existing legal, nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically the nonconforming structures and uses regulations in this chapter; and 2. As -built elevations for elevated or floodproofed structures must be certified by ground surveys as provided in this section. Floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in this ordinance. G. Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, - where this section imposes greater restrictions, the provisions of this section shall apply. H. Annexations. The Flood Insurance Rate Map panels adopted by reference herein above inay include floodplain areas that lie outside of the jurisdiction of the City at the tune of adoption of this Section, as amended. If any of these floodplain land areas are annexed into the city after the date of adoption of this section, as amended, the newly annexed floodplain lands shall be subject to the provisions of this section inzrnediately upon the date of acinexation into the city" I. Permit reyuircments. 4 87 (1) No person shall erect, construct, enlarge, alter, repair (including normal maintenance and repair), improve, move, remodel or rehabilitate, or demolish any building or structure without first obtaining a separate permit for each building or structure from the Protective Inspection Department. This provision applies to any such construction upon a noncomforming structure or any structure damaged by flood, fire, tornado, winds, or any other source. (2) No man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, the construction of a dam, fence, or on -site septic system, the placement of fill, excavation of materials or the storage of materials or equipment within the floodplain shall be commenced until a permit has been obtained from the Protective Inspection Department for each change. (3) No manufactured home shall be placed on improved or unimproved real estate within a floodway and no manufactured home' "shall be placed on improved or unimproved real estate within a flood fringe without first obtaining a permit for each mobile home from the Protective Inspection Department. (4) To obtain a permit, the applicant shall make application, pursuant to the building /construction regulations in this Code, to the Protective Inspection Department. No construction or other activity as identified above in this Paragraph may commence until after such time that the permit has been issued, subject to the National Flood Insurance Program regulations. (5) The City's Chief Building Official is appointed as the person responsible for receiving applications and examining the plans and specifications for the proposed construction, and the City Planner is appointed as the person responsible for receiving applications and examining the plans and specifications for a proposed development or subdivision to determine compliance with the provisions of this Chapter and all requirement of the National flood Insurance Program regulations adopted herein. (6) After reviewing the application, the responsible persons may require any additional measures, which are necessary to meet the minimum requirements of this Chapter. (7) The responsible persons shall review proposed construction, development or subdivision to assure that all necessary pern�its have been received from those governmental agencies from which approval is required by Federal, State or local laws and this Code, (8) The City Planner shall notify, in riverine situations, adjacent corrununities and the Commissioner of the Department of Natural Resources prior to the City authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Comnussioner of Natural Resources. A copy of �� said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (9) As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the City Planner shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Subd. 4 Districts: A. Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map as adopted_ herein. B. Flood Fringe District. The Flood Fringe District shall.nclude those areas designated as floodway fringe on the Flood Insurance Rate Map as adopted herein, as being within Zone AE but being located outside of the floodway. Subd. S. Floodway District (FW) and Flood Fringe District (FF)). A. Floodway District (FW) permitted uses - The following uses shall ,be permitted uses within the Floodway district (FW), provided they are not prohibited by any other Code provision and comply with the standards for floodway permitted uses set forth herein : 1 . Agricultural uses not involving a structure, such as: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck fa forestry, sod farming, and wild crop harvesting. 2. Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction or alteration to flood flows such as fill, excavation, or storage of materials or equipment. 3. Loading areas and parking areas for industrial and commercial uses. 4. Private and public recreational uses not involving a structure, such as: tennis courts, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, hunting and fishing areas, hiking and horseback riding trails. 5. Residential uses not involving a structure, such as: lawns, gardens, parking areas and play areas. B. Floodway conditional uses. The following uses shall only be permitted by conditional use permit within the floodway of the floodplain district (FP), provided they are not prohibited by any other Code provisions and comply with the standards for floodway conditional uses herein: Structures accessory to the permitted uses within the floodway and conditional uses set forth in this Paragraph. � � 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Railroads, streets, bridges, utility transmission lines, and pipelines. 5. Storage yards for equipment, machinery, or materials. 6. Placement of fill or construction of fences. 7. Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is'to protect individual structures and levees or dikes where theiritent`is to protect agricultural crops for a frequency flood event equal; to or less than the 1 O -year frequency flood event. C. Standards for floodway permitted uses: 1 . The use shall have aloes -flood damage potential. 2. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment D. Standards for conditional uses: . All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. All floodway conditional uses shall be subject to the procedures and standards for conditional use permits set forth in this Chapter. Land excavation or disturbance. (a) Fill, dredge spoil, and all other similar materials deposited or stored in the floodplain shall be protected front erosion by vegetative cover, mulching, riprap or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless along -term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) Dredge spoil disposal and sand and gravel operations may allow temporary, on -site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood but only after the City Council has approved a plan which 7 40 assures the removal of the materials from the floodway Uased upon the flood warning time available. 4. Accessory structures: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to be the least obstructive to the flow of flood waters and: (1) Whenever possible, structures shall be constructed with the longitudinal axis ,parallel tothe direction of flood flow; and (2) So far as practicable, structures shall be placed approximately. on the same flood flow lines as those of adjoining structures. (c) Accessory structures shall be` elevated on fill or structurally dry flood proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure maybe flood proofed to the FP -3 or FP- 4'flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed,500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; (2) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and (3) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to 8 9� flooding will not satisfy this requirement for automatic openings. Storage of materials and equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City. Council. 6. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed.in the floodway. -' 7. A levee, dike or floodwal constructed in the floodway shall not cause an increase to the 100 -year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. E. Floodway District prohibited uses. The following uses shall be prohibited in the floodway district (FW): 1 . The placement of new or used building structures in the floodway area, including residential structures. New residential subdivisions are also prohibited.. 2. Travel trailer or travel vehicle parks or campgrounds shall not be permitted.. 3. Manufactured homes shall not be permitted. F. Flood Fringe District permitted uses. All uses permitted pursuant to the underlying zoning district is a permitted use within the flood fringe of the floodplain district, subject to the standards for floodway and flood fringe uses set forth herein. G. Standards_ for Flood Fringe District permztted uses: All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood 9 �� protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond tihe outside limits of the structure erected thereon. 2. As an alternative to elevation on fill, accessory structures that do not exceed 500 square feet at its largest projection may be flood proofed in accordance with the accessory structure requirements under the standards for floodway conditional uses herein. 3. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. H. Flood Fringe District conditional uses. Any structuYe or use that does not comply with the standards for flood fringe permitted uses shall only be permitted by a conditional use permit, provided it is permitted pursuant to the underlying zoning district and comply with all standards, applicable to flood fringe uses set forth herein. ` I. Standards for Flood Fringe conditional arses. 1 . Alternative elevation methods other than the use of fill to elevate a structure's lowest floor above the regulatory flood protection elevation are subject to the following requirements: (a) Design and certification. The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above -grade Enclosed Areas. Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must comply with the following: (1) There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and �� (2) The enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. Alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access`or storage 2. Basements shall be subject to the following: (a) Residential basement construction shall not be allowed below the regulatory flood protection elevation. (b) Non - residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance the FP -1 or FP -2 flood proofing classification in the State Building Code, making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resistirig hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. Storage of materials and equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. J. Standards for all Flood Fringe District uses. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the variance shall be subject to a condition that specifies limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. qI1 In industrial and con use zones, accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regmlatory flood protection elevation provided the property has an operational flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood. 3. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method in accordance with the Federal Emergency Management Agency (FEMA) criteria for specific fill compaction -and side slope protection standards for multi - structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 4. Manufactured homes and recreational vehicles: a. Approval of new manufactured home parks and expansions to existing manufactured home parks shall be subject to consideration of all the standards for flood fringe uses. b. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a "new structure" and shall be subject to all standards applicable to permitted and conditional flood fringe standards set forth herein. If vehicular road access for pre- existing manufactured home parks is not in accordance with the provisions herein, then replacement manufactured homes will not be allowed until the .property owners) develops a flood warning emergency plan and warning system acceptable to the city. c. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Recreational vehicles shall be subject to the requirements applicable to manufactured home unless: (1) It has current licenses required for highway use. (2) It is highway ready which shall mean on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities corrunonly used in 12 �� campgrounds and recreational vehicle parks and has no permanent structural type additions attached to it. (3) It is permitted under the underlying zoning district. (4) It is located on an individual lot or parcel of record or an existing corrrnzercial recreational vehicle parks or campgrounds. Recreational vehicles that would be otherwise exempt from this Section as listed above are not exempt when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be'subject to the elevation/flood proofing requirements and the use of land restrictions specified in this Section. There shall be no development or improvemerit,on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. e. New con�rnercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (1) Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 5.51 of this Ordinance. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100 -year or regional flood. (2) All new or replacement recreational vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of 10.4 of the Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Section 9.31 (a) and (b� of this Ordinance will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 8.3 of this Ordinance. q 13 /� 5. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. Sztbd. 6. Floodplain evaluation procedure. A. Site evaluation. Upon receipt of an application for a building permit, conditional use permit, variance, manufactured home park development or subdivision approval within the floodplain district, the city shall require the applicant to furnish sufficient site development plans and ahydrologic /hydraulic analysis by a certified engineer, hydrologist, or other qualified person, specifying the nature of the development and whether the proposed use is .located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minnesota Rules (Technical Standards and Requirements for Floodplain Evaluation and Minimum Floodplan,Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal. B. Notification to DNR. The city shall submit. one copy,of all information required by subdivision 5 (A) of this section to the department of natural resources' area hydrologist for review and comment at least teri days prior to the granting of a conditional use permit, variance or zoning amendment, and at least 20 days prior to the granting of a subdivision approval by the city. The city shall notify the department of natural resources' area hydrologist within ten days after a conditional use permit, variance, subdivision or manufactured park development subdivision is approved by the city. The city shall also provide notice to the Co of the Department of Natural Resources no less than 1 O days prior to a hearing on the application, if a hearing is required. C. Certifzcation o_flowestfloor elevations. Lowest floor elevation shall not be permitted below the flood line. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. The coi��rnunity development director or project planner shall maintain a record of the elevation of the lowest floor (including basement) for all alterations or additions, to existing structures in the floodplain district. Subd. 7. Special provisions for floodplain variances. A. For floodplain regulation purposes, a variance means a modification of a specific permitted development standard required in an official control, including this section, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in the city's zoning provisions. B. The council may authorize, upon appeal in specific cases, such relief or variance from the floodplain regulations as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or G 14 /� circumstances unique to the property under consideration, as provided for in the state enabling legislation for planning and zoning for Minnesota cities. In the granting of such a variance, the council shall clearly identify in writing the specific condition that exists consistent with the criteria specified in the enabling legislation which justified the granting of the variance. The variance shall otherwise be processed in accordance with the variance regulations in this chapter. A variance will not be granted if any increase in flood levels during the base flood discharge would result. A variance will not be granted if the proposal does not provide the least restrictive relief considering the flood hazard. Subd. 8. Subdivision of Zand within Floodplain. A. Review Criteria. No land shall be subdivided which is' unsuitable for the reason of flooding, inadequate drainage, water supply or sewageTtreatment facilities_ All lots within the floodplain districts shall be of adequate size`to provide area for the building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions.' - shall have_ water and sewage treatment facilities that comply with the provisions ofthis Section and road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. Forall subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. B. Removal of Special Flood Hazard Area Designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation, FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi - lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Subd. 9. Public utilities, railroads, roads, and bridges. A. Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. B. Public transportation facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with the provisions of the Section. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. Q 15 /� C. On -site individual sewage treatment and water supply systems. Where public utilities are not provided: 1) On -site water supply systems must be designed to mininmize or eliminate infiltration of flood waters into the systems; and 2) New or replacement individual sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any individual sewage treatment system designed in accordance with the State's current statewide standards for individual sewage treatment systems shall be determined to be in compliance with this Section. Subd. IO. Nonconforming Uses. _ A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section, but which is not in conformity with ;the provisions of this Section may be continued subject to the following conditions: A. Historic structures, as defined in the National Flood Insurance Program regulations, shall be subject to the provisions of Subdivision. B. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. C. A structural alteration within the inside dimensions of a nonconforming use or structure is permissible provided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure and as further restricted in Subd. 1 O(D) and Subd. 1 O (F) of this section. A structural addition to a structure must be elevated to the regulatory flood protection elevation in accordance with this Section. D. The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure, unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost of labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards set forth in this Section for new structures _ I✓. If any nonconforming use of a structure or land or nonconforming structure is substantially damaged, it shall not be reconstructed except in conformity with the provisions of this Section. The Chief Building Official may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this Section. F. If a substantial improvement are made by any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming structure, then the addition and the existing 16 99 nonconforming structure must meet the requirements of this Section for new structures, depending upon whether the structure is in the floodway or flood fringe. G. In addition to the provisions herein, all nonconforming uses within floodway and flood fringe districts shall be subject to the general zoning regulations for nonconforming structures and uses set forth elsewhere in this Chapter. If any provision in this Section is contrary to any provision in the general zoning regulations for nonconforming structures and uses set forth elsewhere in this Chapter, the provisions is this Section shall apply and control, specifically noting Paragraphs D and E in this Subdivision. Subd. II. Amendments to Floodplain Regz�lations The floodplain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule maybe_ permitted by the Co of Natural Resources if he /she determines that, through other measures, lands are adequatelyprotected for the intended use. All amendments to this section, including amendments to the Official Zoning Map, must be First submitted to and approved by the Commissioner of Natural Resources. Any amendment to the floodplain designation on the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must first receive FEMA approval. The Co ssioner of Natural Resources must be given 1 O -days written notice of all public hearings to consider an amendment to this Section and said notice shall include a draft of the amendment or technical study under consideration. Subd. 12. Administration. A. State and permits. Prior to granting a pernzit or processing an application for a conditional use pernzit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. I3. Certificate of zoning compliance for a netiu, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this section. C. Construction and use to be as provided on applications, plar7s, permits, varia��ces and certifzcates ofzonz��g compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section, and punishable as provided by this Code 17 ��� D. Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Flood proofing measures shall be certified by a registered professional engineer or registered architect. E. Record offirstfloor elevation. The chief Building Official shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Chief Building Official shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. F. Flood insa�rance notice and record keeping. The Chief Building Official or City Planner shall notify the applicant for a variance that:; 1),The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up 'to amourits as high as $25 for $100 of insurance coverage and 2) Such construction below the 3 00 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial -report submitted to the Administrator of the National Flood Insurance Program. Section 2 . 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 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Coirunission Hearing: 18 �aJ U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 �ewery° a. 01-�6.,b u ao�fifl FEMA CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Michael Maguire Mayor, City of Eagan Eagan Municipal Center 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Maguire: I commend you for the efforts that have been put forth in implementing the floodplain management measures for the City of Eagan, Minnesota, to participate in the National Flood Insurance Program (NFIP). As you implement these measures, I want to emphasize the following: - a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed for your community; - the FIS and FIRM will become effective on December 2, 2011; and - by the FIS and FIRM effective date, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office is required to approve the legally enforceable floodplain management measures your community adopts in accordance with Title 44 Code of Federal Regulations Section 60.3(d). As noted in FEMA's letter dated June 2, 2011, no significant changes have been made to the flood hazard data on the Preliminary and /or revised Preliminary copies of the FIRM for Dakota County. Therefore, the City of Eagan should use the Preliminary and /or revised Preliminary copies of the FIRM as the basis for adopting the required floodplain management measures. Final printed copies of the FIRM for the City of Eagan will be sent to you within the next few months. If you encounter difficulties in enacting the measures, I recommend you contact the Minnesota Department of Natural Resources, Division of Water. You may contact Ceil Strauss, CFM, the NFIP State Coordinator, by telephone at (651) 259 -5713, in writing at 500 Lafayette Road, Saint Paul, Minnesota 55155 -4032, or by electronic mail at ceil.strauss @dnr.state.mn.us. The FEMA Regional staff in Chicago, Illinois, is also available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for the City of Eagan and will ensure its participation in the NFIP. The Regional Office may be contacted by telephone at (3 12) 408 -5500 or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region V, at 536 South Clark Street, Sixth Floor, Chicago, Illinois 60605. 1 �� www.fema.gov The Honorable Michael Maguire Page 2 You may have already contacted the NFIP State Coordinator and /or the FEMA Regional Office, and may be in the final adoption process or recently adopted the appropriate measures. However, in the event your community has not adopted the appropriate measures, this letter is FEMA's official notification that you only have until December 2, 201 1, to adopt and /or submit a floodplain management ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the FEMA Regional Office by the effective date. Your community's adopted measures will be reviewed upon receipt and the FEMA Regional Office will notify you when the measures are approved. I appreciate your cooperation to ensure that your community's floodplain management measures are approved by the FEMA Regional Office by December 2, 201 1 . Your compliance with these mandatory program requirements will enable your community to avoid suspension from the NFIP. Sincerely, �-�-� � Sandra K. Knight, PhD, PE Deputy Federal Insurance and Mitigation Administrator, Mitigation cc: Andrew Velasquez, III, Regional Administrator, FEMA Region V Ceil Strauss, CFM, NFIP State Coordinator, Minnesota Department of Natural Resources Thomas L. Hedges, Floodplain Administrator /City Administrator, City of Eagan J �� Agenda Information Memo September 6, 2011 Eagan City Council Meeting OLD BUSINESS B. NICOLS RD WEIGHT LIMIT RESTRICTION ACTION TO BE CONSIDERED: Continue to Oct. 4, 2011 consideration of removing the Load Limit Restrictions on Nicols Rd from Silver Bell Rd to the Burnsville City Limits. FACTS: • On August 1, 201 1 the City Council received a request from Xcel Energy to remove the 4 Ton per Axle load limit restrictions recently placed on Nicols Rd between Silver Bell Rd and the Burnsville city limits. • At its March 15, 201 1 meeting, the Eagan City Council authorized the posting of these load limit restrictions out of concern for the impact that the rerouting of the Black Dog Power Plant (BDPP) truck traffic might have on Nicols Rd, especially during the spring thaw and flood seasons. • Earlier this year, Xcel Energy submitted an application to the Public Utilities Commission (PUC) to both expand the power generating capacity of the Black Dog plant in Burnsville and to convert the facility's fuel source from coal to natural gas. This estimated $600 million expansion and conversion project is planned to begin in 2012 and be completed by 2015. The demolition of the old coal facilities would be completed by 2019. Once completed, there will be little to no Fly Ash byproduct. • The western segment of Black Dog Rd's connection to I -35W has been permanently closed since the spring flooding of 201 O. Xcel and the City of Burnsville have been deliberating the merits and financial requirements of rebuilding the Black Dog Rd. access and/or replacing it with a new access by extending 12` Ave through Burnsville's adjacent industrial park. • Burnsville would like to construct and provide adequate access to the BDPP through their city eliminating the need for the Nicols Rd access through Eagan. However, this requires Xcel to financially participate in those construction costs, which have not been agreed to yet. • Absent an agreement with Burnsville, Xcel plans to use Nicols Rd for all their access needs, which requires the current load limit restrictions to be removed. In the interim, Nicols Rd has become the primary access to the BDPP for its ongoing daily operational needs and Fly Ash removal. As an existing coal fired power plant, the BDPP generates approximately 20 -30 truckloads per week of Fly Ash (an inert residual byproduct of the combustion process). • In addition to the current Fly Ash truck traffic, the expansion conversion project will require approximately 60,000 truckloads of additional fill to be brought into the site_ While Xcel hopes to use the 35W connection for their construction access, it is not yet clear to what extent Nicols Rd will be needed for the construction phase. • On August 1, the Council continued the Load Limit request to Sept. 6 requesting Xcel Energy to reach a consensus and commitment with Burnsville regarding the construction of a permanent access road through Burnsville within the next 30 days, and directed staff to report back at the September 6 meeting on the progress for further consideration of the load limit restriction removal request. • While negotiations have occurred between Xcel and Burnsville, they have not been able to reach an agreement yet. Xcel is subsequently requesting this item be continued to the October 4 Council meeting. ATTACHMENTS: Xcel request for continuance, page � � �� _ /d ;� September 1 , 201 1 _ 1 2VY� SEP EAG' �E�G,��1EE- \NG City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 SUBJECT: Xcel Energy Black Dog Plant Repowering Project Traffic Management Plan Update Request to Continue Agenda Item to October 4, 2011 Dear Council Members: j�uested Action Xcel Energy respectfully requests that the Eagan City Council extend our traffic management plan update agenda item to the Council's October 4, 201 1 meeting agenda. Background Plant access conversations with Dakota County and the City of Burnsville have not resulted in a formal traffic plan and it would be premature at this time to present our findings to Eagan council members. We hope to be able to provide an update at Eagan's October 4 council meeting. In the interim, Xcel Energy staff will continue to update Eagan's city administrator and public works director on our Black Dog plant repowering project issues. Sincerely, _..._. Jim Zyduck Black Dog Plant Director ��J Agenda Memo September 6, 2011 Eagan City Council Meeting NEW BUSINESS: A. Certification of the preliminary 2012 budget and property tax levy, and setting of public meeting dates on which the budget and levy will be discussed. ACTIONS TO BE CONSIDERED: • To approve the preliminary payable 2012 property tax levy as follows: Operating (tax capacity- based) $ 26,162,613 Debt service (tax capacity- based) 133,521 Community Center debt service (market value -based) 1.128,947 Total levy $ 27,425,081 • To approve the preliminary 2012 General Fund expenditure budget, including contingency, of $28,040,000. • To set the date for the public hearing of the 2012 levy and budget as December 6 and the date for the final adoption of the 2012 levy and budget as December 20. • To make the following announcement: o "The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 6 at 6 :30 p.m., right here in the Council Chambers. The meeting at which the final levy and budget will be determined is the City Council meeting of Tuesday, December 20 at 6:30 p.m., again here in the Council Chambers. The public will be allowed to speak at these meetings." FACTS: • The City Council is required by law to certify the proposed payable 2012 budget and property tax levy on or before September 15. The levy can be subsequently decreased, but not increased. • Under the 2009 changes to the Truth -in- Taxation (TnT) laws, by September 15, the City Council is required to announce the date and time of the next regularly scheduled meetings) at which the budget and levy will be discussed, and the date and time of the meeting at which the budget and levy will be adopted. The law also requires the Council to announce that the public will be allowed to speak at these meetings. • The City Council reviewed the 2012 General Fund budget at the August 15 workshop. The budget presented at the workshop was a 1.3 %increase over 2011. No changes have been made to the budget subsequent to the workshop. • The proposed levy is 2.9% lower than the 201 1 levy. The Eagan portion of the property tax on the average value home in 2012 is estimated to be $800 —the same amount as the property tax on the 201 1 average value home. • The total levy shown varies slightly from the levy proposed at the August 15 workshop. Due to the 2009 refinancing of the Community Center debt, the 2012 levy for the Community Center levy is $66,714 less than the original market value -based levy presented at the r i Agenda Memo September 6, 201 1 Eagan City Council Meeting workshop. The tax capacity -based levy has accordingly been increased by $70,000 over the levy presented at the workshop, keeping the net effect on the average value homeowner at zero. • The City's tax capacity rate is estimated to increase from 33.675% to 34.304 %, again due primarily to the State's revised method of application of the Market Value Homestead Credit. • Both the budget and levy will be reviewed, with public input received, at the December 6 meeting. Final adoption will be at the December 20 meeting, with public input received at that meeting as well. (The TnT laws no longer require cities to hold budget hearings on different dates than the County and school district, so it is not necessary to reschedule the December City Council meetings as in the pasta • The County will use this preliminary certification information in preparing TnT notices to be mailed in November. • The County has again advised the City of the option to include a very basic insert with the TnT notices. Due to the inherent limitations, the City historically has not prepared an insert and none is contemplated for this year unless otherwise directed by the City Council. ATTACHMENTS: • The preliminary 2012 General Fund expenditures budget summary is enclosed on page � V� ��� 9/1 /201 1 2012 Comparative Summary of Expenditures General Fund Budget f•= 201 1 r 2012 Difference 12 vs. 1 1 Budget Budget Amount GENERAL GOVERNMENT 01 Mayor 8� Council $ 143,300 $ 141,800 $ (1,500) -1 .O% 02 Administration 506,900 522,500 15,600 3.1 03 Information Technologies 1,283,200 1,313,700 30,500 2.4% 04 City Clerk 255,300 315,100 59,800 23.4% OS Finance 1,115,500 1,044,200 (71,300) -6.4% 06 Legal 407,700 390,000 (17,700) -4.3% 07 Comm Dev -- Planning /ED 910,500 956,900 46,400 5.1 08 Comm Dev -- Inspections 915,800 878,300 (37,500) -4.1 09 Communications 457,700 465,600 7,900 1.7% 10 Human Resources 242,600 263,200 20,600 8.5% Gen Govt Total 6,238,500 6,291,300 52,800 0.8% PUBLIC SAFETY 11 Police 11,101,000 11,203,700 102,700 0.9% 12 Fire 1,726,700 1,730,800 4,100 0.2% Public Safety Total 12,827,700 12,934,500 106,800 0.8% PUBLIC WORKS 21 Public Works /Engineering 1,175,200 1,191,200 16,000 1.4% 22 Streets &Highways 1,659,800 1,699,400 39,600 2.4% 24 Central Svices. Maint. 611,700 629,800 18,100 3.0% Public Works Total 3,446,700 3,520,400 73,700 2.1 PARKS � RECREATION 30 Recreation 1,974,900 2,047,000 72,100 3.7% 31 Parks 1,942,000 1,951,700 9,700 0.5% 32 Tree Conservation 484,400 498,000 13,600 2.8% Parks 8 Rec Total 4,401 ,300 4,496,700 95,400 2.2% GENL GOVT BLDG MAINT 33 Government Buildings 715,300 738,700 23,400 3.3% Subtotal 27,629,500 27,981,600 $ 352,100 1.27% 41 Contingency-- undesignated 58,400 58,400 - O.O% General Fund Total $ 27,687,900 $ 28,040,000 $ 352,100 1.27% f•= Agenda Information Memo September 6, 2011, Eagan City Council Meeting B. CONDITIONAL USE PERMIT — JR'S AUTOMOTIVE ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outdoor storage of four vehicles on property located at 3650 Kennebec Drive legally described as Lot 5, Block 2, Cedar Industrial Park, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned I -1 (Limited Industrial), and surrounded by similar zoning districts and businesses with outdoor storage. The 13,800 sq. ft. building was constructed in 1987. ➢ The applicant relocated from another Eagan location in May 2011. He is the owner and sole employee. ➢ The business provides mechanical repair services; collision repair is not performed at the site. ➢ A blanket complaint of the area brought about a code enforcement case. ➢ Outdoor storage is allowed via Conditional Use Permit (CUP). A CUP was approved for this property in July 2011 for outdoor storage affiliated with another tenant, Eagan General Repair. That CUP did not include the vehicles for JR's Automotive. ➢ The existing outdoor storage occurs in the side yard. ➢ Two outdoor storage requirements are not met; the applicant is not proposing an enclosure or additional screening. Given the use (up to four automobiles parked in parking stalls), location and surrounding uses, an enclosure and additional screening do not appear to be necessary. ➢ The Advisory Planning Commission held a Public Hearing on August 23, 2011 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: September 23, 201 1 ATTACHMENTS (3) Location map on page (�y Draft August 23, 2011 APC minutes_ on�age t _11 Staff report on pages � (through ��� !�� L ®cation N1ap —,--� i _ ,� a RE� � • •! Y�nk�• \ ' / �_ � Fort Snelling State Park -- � - - i -- - - - _ _ _ oim. i 1 �: Map Extent E 0 � °T 9 Q /, Sky Hill Park `3 �� Subject Site ' -., x ti 0 0 �� °� �.�,• - �m �� r �� �_ d �lp C � ®m ® � - .Z. `�iUU /_� ��G � 00 �® � �� �F'J� F[{Qj '��t�]]�j S�P�� �� � ®U � i� � �� ® CQLID SILVER DELL ROAD o 51! VER BELL ROAD U p g o Q O W C 5 a � 6 C 6 �E nTm r m �O Woodhaven Park °' � " �"` � '- e- O 500 x,000 2, Project Name: 3650 Kennebec Drive /J R's Auto Request: Conditional Use Permit Legend Case Nos.: 17- CU- 12 -07 -11 i�� /Boundary Parcels Parks B uilC ings N City of Ea�a� l 1 D =eet i0 Advisory Planning Commission August 23, 2011 Page 2 of 7 IV. PUBLIC HEARING New Business A. JR's Automotive Applicant Name :JR's Automotive Location: 3650 Kennebec Dr. Application: Conditional Use Permit A Conditional Use Permit to allow 4 vehicles parked overnight. File Number: 17- CU- 12 -07 -11 Planner Thomas introduced this item and highlighted the information'pitesented in the City Staff report dated August 16, 2011 . Member Piper asked if the existing landscaping provided screening. City Planner Ridley explained that the landscaping would provide some screening during the growing months and further explained that the items to be• stored are vehicles in a parking lot as opposed to equipment or materials. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney `olQSed the puE fic hearing and turned the discussion back to the Commission. Member Filipi moved, Member. Jansma secorided a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of four vehicles on property located at 3650 Kennebec Drive legally `described as Lot 5, Block 2, Cedar Industrial Park, subject to the following conditions: 1. This Conditional Use Permit -shall be recorded at Dakota County within 60 days of approval by the'City Council :'r 2. The' outdoor storage shall be limited to the four vehicles as identified on the Site Plan received August 1, 201 1. 3. Outdoor storage shall be limited to standard sized passenger vehicles that appear operable and are licensed >and have current tabs. 4. No additional outdoor storage shall be allowed. 5. No vehicles shall be parked overnight on public right of way. 6. All signage is subject to City Code requirements and the applicant shall receive a sign permit prior to installation of new signs. 7. The fire lane on the west side of the building shall be permanently striped "No Parking ". Advisory Planning Commission August 23, 2011 Page 3 of 7 8. Trash containers shall be located indoors or within an enclosure that meets City Code requirements no later than November 1 , 201 1 . A building permit is required to construct a trash enclosure. All voted in favor. Motion carried 7 -O 1la PLANNING REPORT CITY OF EAGAN REPORT DATE: August 16, 201 1 APPLICANT: JR's Automotive PROPERTY OWNER: Raydar Prop LLC REQUEST: Conditional Use Permit LOCATION: 3650 Kennebec Drive CASE: 17- CU- 12 -07 -1 1 HEARING DATE: August 23, 201 1 APPLICATION DATE: July 26, 201 1 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I- I , Limited Industrial SUMMARY OF REOUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of four vehicles on property located at 3650 Kennebec Drive legally described as Lot 5, Block 2, Cedar Industrial Park. AUTHORITY FOR REVIEW Outdoor storage is allowed via a Conditional Use Permit when conducted by an occupant of the principal building, subject to the regulations of the Conditional Use Permit and Outdoor Storage standards. Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. l 13 Plaruiing Report — JR's Automotive CUP August 23, 2011 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive _Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY The site contains one 13,800 SF building which was constructed in 1987_ Eagan General Repair, a tenant within the building, received a CUP (Conditional Use Permit) on July 5, 2011 to allow outdoor storage of trailers, vehicles, two storage pods, construction equipment and associated material. During the review of the application staff became aware of JR's Automotive conducting outdoor storage without a CUP. JR's Automotive relocated from another Eagan location in May 2011. The owner is the sole employee and has been in the business for 1 1 years. 1 �� Planning Report — JR's Automotive CUP August 23, 2011 Page 3 EXISTING CONDITIONS JR's Auto is one of three businesses currently located within the building; office space remains for lease. Staff has visited the site numerous times over the past year after a complaint began a code enforcement case. There has been an overall improvement and with this CUP request, if approved, all of the outdoor storage should be located in approved locations and arranged in an orderly fashion. SURROUNDING USES The subject site is surrounded by I -1, Limited Industrial properties. EVALUATION OF REQUEST Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears compatible with the surrounding properties and existing uses. Site Plan —The applicant's business involves mechanical work on vehicles such as engine and transmission repair; he does not offer collision repair. Because he is the only employee, a vehicle may be on site for approximately two weeks waiting for repair or pickup. Because of this, he proposes the outdoor storage of up to four vehicles. According to the applicant, these vehicles should appear operable. The tenant space within the building has the ability to store up to six vehicles. Outdoor Storage —The standards for outside storage found in City Code Section 1 1.70 Subd.22 are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. The storage area is located within the existing parking lot and is not otherwise enclosed and contained. However, with vehicle storage, an enclosure may not be necessary. 2. - The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage area is located within the side yard. 3. The outdoor storage area shall be screened from i�iew from the public right -of- -way and from any adjacent property which is designated for residential uses in the comprehensive gzzide plan. The site is landscaped, though the storage area is not screened from the public right of way. However, with vehicle storage, screening may not be necessary. l�� Planning Report — JR's Automotive CUP August 23, 2011 Page 4 4. The storage area shall not interfere with any pedestrian or vehicular movement. The outside storage area is within designated parking spaces upon existing pavement and does not interfere with pedestrian or vehicular movement. To ensure adequate vehicular movement for all tenants, temporary no parking signs have been installed on the west side of the building to keep the drive aisle /fire lane clear. To provide a lasting solution, the fire lane should be permanently striped "No Parking ". S. The storage area shall not take ttp required parking spaces or landscaping areas. The 13,800 SF warehouse building requires 23 parking spaces. A condition of the Eagan General Repair CUP required striping of the parking lot. It appears there is sufficient parking on the site. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage area is surfaced with bituminous asphalt and is in good repair. Existing Conditions —The existing parking and storage areas are paved with blacktop surfacing that is in generally fair condition. City code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The building is connected to City sewer and water services. Access /Parking Lot — Access to the site is can - ently froth two driveway entrances onto Kennebec Drive that will remain unchanged. Financial Obligation — At this time, there are no pending assessments on the parcel. Landsca — Existing landscaping should be maintained and any dead plant materials replaced. Grading/Stonn Drainage —The site was graded previously, is paved and served with curb and gutter and storm sewer. No changes to the site grading or stone drainage are proposed. Wetlands /Water Quality —There are no wetlands on the property and no increase to impervious surface is proposed. Tree Preservation — No new development and no tree removal is proposed. Trash Containers —The site visit identified a trash container located along the west side of the building. City Code requires trash containers to be stored in an enclosure constructed of materials to match the exterior of the principal structure or located indoors. The Eagan General Repair CUP included outdoor storage of dumpsters to allow for better site fimctionality. This did not include dumpster locations for all tenants within the building. 1 ?� Planning Report -� JR's Automotive CUP August 23, 201 1 Page 5 Therefore, the dumpsters should be located indoors or within an enclosure that meets City Code requirements. Signage —The site visit identified former tenant names located on the monument sign within the front yard. The former tenant names should be removed and a sign permit should be issued prior to installation of any new signs- SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit for the outdoor storage of up to four vehicles. The applicant is the owner and sole employee. Because of this, there may be vehicles waiting for repair or pick up for up to two weeks. Any vehicles stored outdoors should be licensed and have current tabs. No new construction is associated with this proposal. The site is located in an industrial area and the proposed outdoor storage occurs in the side yard of the property. The proposed vehicle storage satisfies four of the six outdoor storage criteria. The standards not met include an enclosure and screening, although they may not be necessary as vehicles are expected to be located within parking lot spaces- Conditions which are satisfied include setbacks, access /circulation, parking, and surfacing. City policymakers should determine whether a full enclosure and screening are necessary. ACTION TO BE CONSIDERED To recomtmend approval of a Conditional Use Permit to allow outdoor storage of four vehicles on property located at 3650 Kennebec Drive legally described as Lot 5, Block 2, Cedar Industrial Park. 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 litmited to the four vehicles as identified on the Site Plan received August 1, 201 1 . 3. Outdoor storage shall be limited to standard sized passenger vehicles that appear operable and are licensed and have current tabs. 4. No additional outdoor storage shall be allowed. 5. No vehicles shall be parked overnight on public right of way. 6. All signage is subject to City Code requirements and the applicant shall receive a sign permit prior to installation of new signs- 117 Planning Report — JR's Automotive CUP August 23, 2017 Page 6 7. The fire lane on the west side of the building shall be permanently striped "No Parking ". Trash containers shall be located indoors or within an enclosure that meets City Code requirements no later than November 1, 2011. A building permit is required to construct a trash enclosure. l �� Location Map r' � ' � . Ra i -i - Fort Snelling State Park 1 - CIHi RJ / _.I� • ••� Map Area Extent E O �O� 9 Q� � y' Sky Hill Park `3 Subject Site x 0 j � i �� O� ' �G �. 00 '. �� r� 1� ppp �_ d . .. .: � Py �O - � ®m 1 � G �Y. 00 �® � S�J� {/p,� � �� ® t� SILVER BELL ROAD � SILVER BEII ROAD LLJ p g m < O 1' w � � � G S (J Q_ �E i m ° Woodhaven Park � '� � 0 500 '1,000 2, Project Name: 3650 Kennebec Drive /J R's Auto Request: Conditional Use Permit Legend Case Nos.: 17- CU- 12 -07 -11 �'s �' �City Boundary Parcels Parks Buildings N City of Ewan � � 9 =eet 10 Current Zonincg and Land Use Ma City of Eagan Application: JR's Automotive Type: Conditional Use Permit Case No.. 17- CU- 12 -07 -11 Zoning -1 - Limited Industrial 0 P �o� z� P Q Subject Site ,_� _ ���� �' 1 -1 Land Use Plan IND - Limited Industrial N O 300 600 1,200 Feet R -3 R -3 E �� - �o IND p � ��' e Q P� ��_ �4. Subject Site _ � ,, _ "�, � �� -� �'� �i PD R -3 R -3 1 �V -1 �' E � o IND p o� e Q P� ��_ Subject Site _ � ,, _ "�, � �� -� �'� �i � ._� IND % \ ,�. _ � i � i\ IND �, � j ,. � � /tND /,,. i _��_ / ,, / �� M D i� - ...,.,�� - IND .— // G� ��' O M 'e' - �_; H D 1 �V -1 �' O fi t � N ..1 CSi y_` ��1 O � ~�'1 v T '4 . f-. z� -� 4 � � '� - x ciiY'� l .'�.p -/ �y� .� � _ H< " 3 �. = . � g �' �" x, -, F g .- l �� KENNEBEC DRIVE SITE PLAN a 0 w w U W a ���,�;� a rc�-� ,�. �< i �� �� ��%�� �� ��> l � "t ^�✓ �� 0 // � / / _ -- T �t�TLvv� rl �1 v-e - �%�'� - / G ("Z�� J v � �� ✓� �-- DECEIVE© pU0 p p 2011 NARRATIVE � a� Agenda Information Memo September 6, 2011, Eagan City Council Meeting C. CONDITIONAL USE PERMIT — SUBURBAN LANDSCAPE SERVICE ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of 7 trucks, 5 trailers and 2 bobcats on property located at 3486 Dodd Road, legally described as parts of Lots 4 and 5, Loren Place, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned I -1 (Limited Industrial), and surrounded by similar zoning districts except for Thomson Reuters (Planned Development) to the west, across Dodd Road. ➢ The business has been in operation and located on the subject property since 1962. ➢ Recently the single family home was vacated and is in the process of being converted into an office. Three additional buildings are on the property; two detached garages and a shed. ➢ Two separate driveways provide access to Dodd Road. The southern driveway provides access to the property to the east via a private ingress /egress easement. ➢ The applicant is proposing to construct and maintain both the parking and outdoor storage areas with a recycled bituminous aggregate surface. ➢ The conditions of approval require submittal of a revised Site Plan to reflect the required dimensions for setbacks, parking stalls and drive aisles. This may result in some of the outdoor storage being moved from the side to the rear of the property. ➢ The three outdoor storage requirements that are not met include an enclosure, access /circulation and screening. ➢ The Advisory Planning Commission held a public hearing on August 23, 2011 and is recommending approval. ISSUES: ➢ APC members stated concern over whether the southerly drive aisle could meet width requirements and still incorporate setback requirements, parking stalls and the outdoor storage. The applicant stated he was willing to remove the shed located in that area. ➢ City code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration_ The applicant is proposing a recycled bituminous surface similar to outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas; however, this material has not typically been used for employee /customer parking areas. City Policy Makers should determine if this use is acceptable_ lad 60 DAY AGENCY ACTION DEADLINE: September 18, 201 1 ATTACHMENTS (3): Location map on page 1��_ -7 Draft August 23, 201 1 APC minutes on ages � / through �� Staff report on pages �� �a,, 5 Location Map ��� an4. DonA ..RE ' RY Pond t _ Bur Map Area Extent North Park Park :G O R O. b Subject Site \�OPPERMAN DRIVE —�' -_ -- -- - Z� B Z 9 � - Wescott Statio n -Park 3 Feet O 500 1,000 2,000 Project Name: 3486 Dodd Road /Suburban Landscape Service Request: Conditional Use Permit Legend Case Nos.: 13- CU- 11 -07 -11 " s�,,,,F C it y eo.r,da ry Parcels Parks e.iid m N City of EaLaE �a� Advisory Planning Commission August 23, 201 1 Page 4 of 7 B. Suburban Landscape Service Applicant Name: Suburban Landscape Service, Inc. Location: 3486 Dodd Road Application :Conditional Use Permit A Conditional Use Permit to allow outdoor storage. File Number: 13- CU- 11 -07 -11 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated August 17, 2011 . Member Piper suggested a revision to condition number 3 to reflect the need to receive a revised Site Plan. Member Dugan questioned the width near the southerly drive'-aisle and - whether it could meet the setback and parking stall requirements as well as .the outdoor storage. Member Supina questioned the requirement for sod;; in condition number 4 or whether any vegetation would be acceptable. He asked for clarification pertaining to condition 7 and the requirement for curb and gutter and about the parking requitement for 1 O employees. Assistant Engineer Gorder stated any .'ground cover would be acceptable for infiltration purposes. He clarified that if the requirement for,curb and gutter was eliminated for the outdoor storage area that it would be from the parking arse as well. Planner Thomas responded that parking is ba ed upon tFre: square footage of the building and the proposed parking exceeds:i�e requirement. The outdoor storage proposed to be stored in a parking stall would be !there overnight, during `times when customer and employee vehicles would not need the parking stall. Member Dugan further discussed the need for emergency access and a concern for the width requirement near: the southerly. access. Fie asked whether the application was premature since a revised.5^ite? Plan�is rak3t'�ded. City - Planner Ridley stated the conditions lay out the requirements and that the application is appropriately before the Commissiorr> as the question is related to outdoor storage. Although the outdoor storage may have- to shift to meet the requirements, there is room on the site to accommodate tF3?:;request. Member Dugan stated "he:.would not vote in favor of the request due to the changes needed to the Site Plan to meetttes' code requirements. Collin Merrill, Owner, stated he was willing to remove the shed located in that area. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Dugan stated he would vote in favor of the request since the shed will be removed. �a� Advisory Planning Commission August 23, 2011 Page 5 of 7 Member Supina moved, Member Vanderpoel seconded, subject to the following conditions: To recommend approval of a Conditional Use Permit to allow outdoor storage of 7 trucks, 5 trailers and 2 bobcats on property located at 3486 Dodd Road legally described as parts of Lots 4 and 5, Loren Place, subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant should provide a revised Site Plan with the cor[eca stall size and parking setback, revised handicap parking stall and 14 storage .items appropriately delineated with 20 foot and 24 foot drive aisles no later than N[uember 1 , 201 1. 3. The outdoor storage shall be limited to the items upon 2,rld Iocated;,n the outdoor storage area as identified on the Site Plan received August 8,.2Q11> as revisACdr .> 4. The applicant should remove the existing gravel surface and replace it v✓ith ssd vegetative ground cover as shown on the approved Site Plan. received August 8, 201 1 . 5. No additional outdoor storage shall be allowed. 6. Building identification numbers shall be installed consisterit:with City Code Section 2.78. 7. The parking areas shall be surfaced with bituminous asphalt 8F� 8. (B) Recycled asphalt,:aggregate! shall be used ,for the portions of the outdoor storage areas. If recycled bituminoi;IS ` "aggregate is used for ;the outdoor storage areas, the site will be subject to periodic review by city � ;aff fQf,equacy of the material to control dust and drainage. "1"I?jie fits�t_ reviernr wuill occur "years following approval of this permit. If the material is deterrrlired to tia "inadequate, the City will require that it be replaced with biturrinous asphalt." 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage< areas. 1 O. All parking and storage areas shall be properly maintained to prevent deterioration. 11. All signage shall meet'City Code requirements. Member Piper added a friendly amendment to revise condition #4. Member Dugan clarified he is sensitive to the needs of emergency vehicle access and his stated concern regarding the width of the southerly drive aisle. All voted in favor. Motion carried 7 -O. �� PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 2011 CASE: 13- CU- 11 -07 -11 APPLICANT: Suburban Landscape Service, Inc. HEARING DATE: August 23, 201 1 PROPERTY OWNER: James H. Gooselaw APPLICATION DATE: July 20, 2011 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 3486 Dodd Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of 7 trucks, 5 trailers and 2 bobcats on property located at 3486 Dodd Road legally described as parts of Lots 4 and 5, Loren Place. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. i�9 Plamiing Report — Suburban Landscape Services C:UP August 23, 20 ] 1 , Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions states that in reviewing applications of conditional use permits, the Planning Commission and the Council inay attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY Suburban Landscape Service has been in operation and located at the subject property since 1962. The company has 10 year -round employees that provide lawn service and landscaping during the summer months and snow removal during the winter months. Until this past July, the property was considered to be non - conforming as it was used for residential purposes and the business operated as a home occupation. The home is now being converted to office space for Suburban Landscape Service and the outdoor storage affiliated with the business requires a CUP (Conditional Use Permit). City staff has been working with the applicant since 2009 when the applicant applied for a building permit to construct a lean -to onto the existing shed. The lean -to did not meet the building material requirements for an I -1 (Limited Industrial) zoning district. It was at that time that staff and the applicant began discussion of the use and zoning of the property. EXISTING CONDITIONS There are four existing buildings on the site. The main office building, the former home, (932 SF) was constructed in 1962. There are two detached garages and a shed located upon the property as well. Two driveways provide access from Hwy 149 /Dodd Road. A private ingress and egress easement at the southerly driveway provides access to the property to the east. l T Planning Report — Suburban Landscape Services CUP August 23, 2011 Paee 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REpUEST Compatibility with Surrounding Area Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears generally compatible with the surrounding properties and existing uses. Site Plan —Nine employee parking stalls are proposed along the south property line. A five foot setback is required per City Code. The Site Plan identifies these stalls as 1 O x 18 feet. A revised Site Plan should be provided identifying the correct setback and stall size of 1 O x 19 ft_ Also, the handicap parking stall near the office should be revised to meet Building Code requirements with the access aisle located between the parking stall and the building access. The applicant's request for outdoor storage is for a total of 14 items. The Site Plan and key only identify 13 items. The revised Site Plan should include all 14 items_ An aerial view of the site shows a gravel surface providing circulation throughout the site; however the Site Plan does not show fiiture circulation. Therefore, the existing gravel should be replaced with sod to reduce the amount of hardcover on the property. The ground surface should be loosened 3 -4 inches in between the transition from gravel to sod to appropriately allow for water infiltration. ��� Existing Use Zoning Land Use Desi nation North UPS I -1, Limited Industrial IND, Limited Industrial South Vacant (Thomson I -1, Limited Industrial IND, Limited Reuters) Industrial East Ablecraft Fabrication, I -1, Limited Industrial IND, Limited vacant Industrial West Hwy 149 /Dodd Road PD, Planned MO, Major Office Thomson Reuters Development EVALUATION OF REpUEST Compatibility with Surrounding Area Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears generally compatible with the surrounding properties and existing uses. Site Plan —Nine employee parking stalls are proposed along the south property line. A five foot setback is required per City Code. The Site Plan identifies these stalls as 1 O x 18 feet. A revised Site Plan should be provided identifying the correct setback and stall size of 1 O x 19 ft_ Also, the handicap parking stall near the office should be revised to meet Building Code requirements with the access aisle located between the parking stall and the building access. The applicant's request for outdoor storage is for a total of 14 items. The Site Plan and key only identify 13 items. The revised Site Plan should include all 14 items_ An aerial view of the site shows a gravel surface providing circulation throughout the site; however the Site Plan does not show fiiture circulation. Therefore, the existing gravel should be replaced with sod to reduce the amount of hardcover on the property. The ground surface should be loosened 3 -4 inches in between the transition from gravel to sod to appropriately allow for water infiltration. ��� Planning Report — Suburban Landscape Services CUP August 23, 201 1 Page 4 Outdoor Storage Requirements — Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. An 8 foot PVC fence is proposed along the public right of way with two sliding gates to provide security at the driveways. A lockbox will be located at both gates to provide emergency access as required by the Fire Department. The fence is proposed to run the length of the property along Hwy 149 and the southern border where the employee parking and a box truck are proposed. Full enclosure is not proposed and does not appear necessary given the use, location and surrounding uses. 2. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage areas are located along the sides and rear of the property. The proposed storage meets required setbacks. 3. The outdoor storage area shall be screened from view from the public right -of- -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The applicant proposes an 8 foot PVC fence to screen the outdoor storage area that will be visible from the public - right -of way. In addition to the proposed fence, the existing buildings assist with screening as the majority of the outdoor storage is proposed to be located behind the buildings. 4. The storage area shall not interfere with any pedestrian or vehicular movement. Existing drive aisle widths are only 12 feet in some locations. A minimum 20' wide drive aisle is necessary to accommodate emergency vehicles and should be designated and maintained around the storage areas, and a 24' drive aisle should be maintained through the parking areas. The applicant should submit a revised Site Plan that relocates the storage that is shown adjacent to the drive aisle to allow for vehicular movement. Due to the nature of the business, pedestrian movement on the site is minimal. 5. The storage area shall not take up required parking spaces or landscaping areas. The proposal satisfies this condition. l�l Planning Report — Suburban Landscape Services CUP August 23, 201 ] Page 5 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant is proposing to maintain the parking and outdoor storage area with recycled bituminous aggregate, which is further discussed later in this report. Building Address Numbers - In accordance with Section 2.78 of the City Code, building numbers should be conspicuously displayed on the building, in suitable location in an upper corner or near the building entrance so it can be clearly seen from the street and read during all hours of the day. Commercial building numbers shall be a minimum height of 12 inches and in a contrasting color to the color of the building. Landscanin� -The applicant is not proposing additional landscaping on the site. Tree Preservation - No new development and no tree removal is proposed. Parking/Storage Area Surfacing - A portion of the existing drive aisles on the site are paved with bituminous surfacing. The remaining parking and storage areas have minimal gravel surfaces_ With this application, the applicant proposes to surface the parking and outdoor storage areas with recycled bituminous aggregate, also termed as millings. The applicant is not proposing to construct the perimeter of the parking/storage areas with concrete curb and gutter. City Code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The current gravel surface does not meet these requirements_ Bituminous asphalt is the most - widely -used surfacing material to accomplish this requirement and is required for off - street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. Those conditional use permits that have allowed recycled bituminous aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The surfacing of the outdoor storage areas is a matter to be determined by City officials under this conditional use permit proposal. The applicant should obtain a grading permit from the City prior to the reconstruction of the proposed outdoor storage areas. Stone Drainage - Existing stone sewer is not available for connection by this property. Improvements to the existing stone drainage system are not necessary with this application. Stone drainage will continue to be accommodated by the drainage ditch within Highway 149 right -of- -way. 133 Planning Report — Suburban Landscape Services CUP August 23, 201 1 Page 6 Utilities —The existing office on the property is connected to City sewer and water main. No new connections to the public water and sewer systems are proposed with this application. Access — Public street access is available from existing driveways onto Highway 149 /Dodd Road to the west. The upgrade of Highway 149 in 2007 provided for turning movements at both of these accesses to be right -in/ right -out only. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit for the outdoor storage to allow outdoor storage of 7 trucks, 5 trailers and 2 bobcats. No new construction is associated with this proposal other than renovation to transform the former home to an office building. The site is located in an industrial area and the proposed outdoor storage occurs in the side and rear yards of the property. The proposed outdoor storage satisfies three of the six outdoor storage criteria. The outdoor storage standards not met include an enclosure, access /circulation and surfacing. A full enclosure may not be necessary given the use, location and surrounding uses. Through conditions of approval, the access /circulation and surfacing should meet code requirements. Conditions which are satisfied include setbacks, parking, and screening. City policymakers should determine whether a full enclosure is necessary. City policymakers should also determine whether recycled asphalt aggregate is appropriate for the outdoor storage area. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of 7 trucks, 5 trailers and 2 bobcats on property located at 3650 Keruiebec Drive legally described as parts of Lots 4 and 5, Loren Place. 1 . This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant should provide a revised Site Plan with the correct parking stall size and parking setback, revised handicap parking stall and 14 storage items appropriately delineated with 20 foot and 24 foot drive aisles no later than November 1, 201 1. 3. The outdoor storage shall be liimited to the items upon and located in the outdoor storage area as identified on the Site Plan received August 8, 201 1. 4. The applicant should remove the existing gravel surface and replace it with sod as shown on the approved Site Plan received August 8, 201 1 . 5. No additional outdoor storage shall be allowed. 1� Planning Report — Suburban Landscape Services CUP August 23, 201 1 Page 7 6. Building identification numbers shall be installed consistent with City Code Section 2.78. 7. The parking areas shall be surfaced with bituminous asphalt. 8. (A)The outdoor storage areas shall be surfaced with bituminous asphalt. OR 8. (B) Recycled asphalt aggregate shall be used for the portions of the outdoor storage areas. If recycled bituminous aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt_ 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. 10. All parking and storage areas shall be properly maintained to prevent deterioration. 1 1 . All signage shall meet City Code requirements. I Location Map o .. i 1 MRtl I� i Bur Oaks`.ParK Area Extent N&At ::ark Park o - O - RO 0 - Subject Site OPPERMAN DRIVE -'- p T1 z � ■ po pG2- L O ■ `J Z ff Wescott-Statiom Park Feet O 500 1,000 2,000 Project Name: 3486 Dodd Road /Suburban Landscape Service Request: Conditional Use Permit Legend Case Nos.: 13- CU- 11 -07 -11 8 City Boundary Parcels Parks Buildings N 4 City of Eap 1 Current Zoning and Land Use Map City of EagaIl Application: Suburban Landscape Services Type: Conditional Use Permit Case No_: 13- CU- 'I1 -07 -11 Zoning 1 -1 - Limited Industrial Land Use Plan IND - Limited Industrial N O 300 600 1,200 Feet Subject Site PD \ �' �- PD \ ' OPPERMAN DRIVE ,,_ i �� �� '9� __. _.� �� � I -� � �� .- - - - -- - - p - -- -- i % ,. IND Subject Site � ��� - - -- - � O DRIVE � M0 __. -_ N� '� �� -- G�Z /I ND � _... � I t Z ,: � �,\ - -- P LD � � .� � i � � � \ t�tD:� i IND �.� � -� / 3-7 SITE PLAN n r m N i PROPERTY LJ T � �� -- SS3.m- NE 1 .� r _____ ____ __________ _ I � � �� ��� �� o _ -I - — __ __ — _ —. — __ _. (f� I E' 8 R '�" I 1ae� � [ __ — _ — sloe riao scr enck fzo' -o) -_. — _ __ —. - O I � 8 Z N os � � !s � y ' � I _'� II I � $ m i I _ PROP QR o-llNE � � �II H $' a� 1 � � �i a I �� �° - - � I i ,�mi _ i - i _ = i --- - �. I � — I �mg�Ym4ing> � '� - f,g x �x� - - - �m � ��, �, � Ira � � � � °� I I I� -, _ O O I � i �� � � � l��� � I� I I R ,mob 9 m 00 j i/ � ?� � d � p_ 6 �I C 6 °' ' d ' I�8 m -© I b I I � ( I � � i i I � I i 1 - ------ 1 ---- - - - - -- — - - -- - - -- - -_ --- - - - - -+ pROPeRr uNE _ - -- _ PROPO.SEO SITE PLAN i SUBURBAN LAN ESCAPE SERVICE � � i 1 3486 DODO ROAD � __ �. —. EAGAN. MN SS 1 23 r t K i r n } a Vt d _ � NARRATIVE ,__ �� S � � E n or Rw_ raw V �+rs 1 pis C ai�iYS E __ csT�uii c. ric o' � ��o Written Narrative • Comprehensive Guide Plan designation (existing and proposed) Suburban Landscape Service, Inc. ( "SLS ") has three areas of focus: 1. Lawn Service 2. Landscaping 3. Snow Removal Collin Merrill is the sole owner of SLS_ Mr. Merrill's uncle, James Gooselaw, started SLS in 1962. SLS have been operating from 3486 Dodd Road in Eagan since its inception in 1962. SLS is proud to be in business for two generations strong and have had the same address and business phone number for 50 years. Mr. Gooselaw retired from working in the field in 2000 and Mr. Merrill officially became the owner_ In the past 10 years, Mr. Merrill has been steadfastly committed to growing the company and providing a livable wage for not only his family but also his employees' families. SLS currently employs 10 year -round employees. Like numerous other small businesses, SLS has felt the effects of an extremely difficult economy in the past three years. However, SLS is very proud that it has been able to persevere through the economic downturn, remain in business and continue to employ hardworking individuals. It is SLS's hard work and established relationships with residential and commercial clients, including many in the City of Eagan, that have afforded SLS the ability to keep the "lights on." Over half of SLS's revenue comes from clients in the City of Eagan. SLS is truly proud to be a locally owned and community based company. In the summer months of approximately April to October, SLS provides weekly lawn service and performs landscape projects for clients throughout the metropolitan area. In the winter months of approximately November to March, SLS performs snow removal for clients throughout the metropolitan area. There are no hazardous materials stored on site, such as fertilizer, as these services are outsourced. Obtaining an outdoor storage permit is needed as SLS does not have garage space big enough to store all of its equipment inside. SLS will have 7 trucks, 5 trailers and two bobcats parked outside throughout the year. It is SLS hope and intention to build storage space in the future. However, due to economic hardship given the state of the economy, SLS does not have the financing to build storage space at this time. Therefore, an outdoor storage permit is critical for the continued existence of the company. • Zoning classification (existing and proposed) Limited Industrial. Same as requested in petition. 1 �-C7 • What you want to do; timing /phasing SLS would like to begin and complete its site project as soon as possible. • Existing land uses on subject property Same as requested in petition. • Surrounding land uses and zoning within 660 feet UPS to the North Vacant lot to the South Empty commercial building to the East Highway '149 to the West See also certified radius report previously provided. ��-1