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08/11/2009 - City Council Special 4 C!ty of Eaaali Memo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 10, 2009 SUBJECT: ADDITIONAL INFORMATION FOR THE AUGUST 11, 2009 SPECIAL COUNCIL MEETING Due to Public Works Director Colbert's illness last week, pertinent information regarding Item IV of the special Council meeting agenda was not included in the packet. Attached as pages 19A - is additional information regarding the City-wide sump pump inspection program. Thomas L. Hedges City Administrator CITY -WIDE SUMP PUMP INSPECTION PROGRAM COUNCIL WORKSHOP, AUGUST 11, 2009 ADDITIONAL INFORMATION Pilot Inspection Program With more than 18,800 connections to the City's sanitary sewer system, an inspection program to review and inspect every private sewer service will be a daunting program that could take 7 to 10 years to complete. While the impetus to initiate this inspection program is based on the MCES Surcharge Program, it presents a policy issue for the City in regards to how extensive an inspection program should be. • Should the City implement a Sump Pump and Service Lateral Inspection Program (SP -SLIP) for all 19,000 connections, or only as many as necessary to remove us as an "Excessive Flow" community on the MCES Surcharge program? Public Works Staff have identified several sewer service districts where we believe there is a greater probability of I &I. We have then selected specific properties within these districts to begin the SP -SLIP inspections in hopes of getting a higher "return on investment" or our inspection efforts. This "controlled sample" will hopefully help us evaluate the extent of the potential problem on a city -wide basis to further refine the scope and cost of future efforts. Enclosed on pages through is information pertaining to this Pilot Program. City Ordinance Revision Currently, the city ordinance addresses the issue of I &I only in Sec. 3.40. Rules and regulations relating to sewer service, Subd. 5. Unlawful discharge: It is unlawful to discharge any of the following described wastes into the sewer system: G. Roof water, groundwater, or any other natural precipitation. It is recommended that this ordinance be expanded to more specifically address the full spectrum of I &I, including definitions, restrictions, requirements, inspections, corrections and compliance enforcement actions /penalties. Enclosed on pages through i a copy of a draft revision to the current ordinance for Council's consideration. POLICY ISSUES FOR CONSIDERATION 1. How extensive should the City implement a SP -SLIP? (i.e. ALL connections or only as many as necessary to remove Eagan from the "Excessive Flow" surcharge category) 2. How should the City finance the inspection program estimated at ^ million for all 19,000 connections? Increase Sewer Rates? From the Sanitary Sewer Trunk Fund? 3. Should the City provide any financial assistance /grants to cover any or all of the private corrective costs (could be as much as $6,000 per property)? (50 %, 25 %. 0 %)? 4. Should the City offer financing of private corrective repair costs through special assessments or extended surcharges on future billings? (3yrs? 5yrs? 10 yrs ?) / 9 it- 40!11110. City of Ea�au Mello TO: Tom Colbert, Director of Public Works FROM: Wayne Schwanz, Superintendent of Utilities DATE: August 10, 2009 SUBJECT: PILOT PROGRAM - I & I Sump Pump and Service Lateral Inspections The Utility is proposing to start a pilot program for both commercial and residential properties. The intent of the pilot program is to be able to engage the extent of the problems that may exist within the City along with the amount of time, effort and financing that it will take to accomplish the entire citywide program. This program will be based on the evaluation that was done after the October 4` & 5` 2005 storm by Barr Engineering. Their report identified that three lift stations had increased their flow dramatically over the period of the storm. These lift stations are: Country Hollow, Lone Oak and Alexander. The proposal for the initial Pilot Study for the I & I program will be centered on these three lift stations. Besides the information contained in their report of the high flows during the evening of October 4 we are also taking into consideration the age of the buildings. These buildings were built prior to 1980. The commercial buildings had roof drains and other non - contaminated water piped into the sanitary system. After 1980, the PCA changed laws and the MCES required that separation of storm and sanitary sewers would be necessary. The Alexander lift station is located at the east end of Meadowview Rd. near Alexander Rd. with a small drainage area. The main contributor to that lift station is the RL Johnson Stationary Supply Company. This building has only two sanitary lavatories in it; however, the flow coming from the building seems excessive for that amount of utility. The RL Johnson building was built in the 1960's well before the separation law was in effect and is very possible that there is a combination storm and sanitary water both being put down the sanitary storm line to the Alexander lift station. / 3 Secondary, our next investigation will be the Lone Oak lift station area. This area includes a mixed use of building sites, apartments, townhomes, single family homes and a few commercial properties. It is our intent to investigate all buildings within the drainage to the Lone Oak lift station. The commercial and the apartment areas are relatively new and were constructed after the 1980 I & I separation law was in effect. We are proposing to do a smoke test that consists of putting non - lethal smoke into the sanitary sewer and seeing if any of the smoke dissipates through the roof drains of the building. The single family homes in Country Home Heights and on Poppler Lane are homes that were built in the 1950's and 1960's. Further research shows that this area consists of heavy clay soils that are not indusive for drainage through the soil from heavy rains. Our proposal for this area is not only to do a sump pump inspection, but to also tv the service lines for possible connections of clear water. The last area that will be included in our initial study is the Country Hollow lift station drainage area. Homes in this area were constructed primarily in the 1990's. The increased flow at this lift station was very soon after the initial rain started which leads the Utility to believe that there is a high percentage of sump pumps that are being pumped into the sanitary drains within the homes. Our proposal for this area is to do a sump pump inspection only at this time and not to tv the services. After we complete these initial study areas, we will evaluate the information and we will be able to predict with more certainty the extent of possible violations of sump pumps being placed into the sanitary sewer and also have an idea of any roof drains on commercial sites that may have been included into the sanitary sewer system. After we review this information, we will put together a more extensive program based on age of construction and soil type to include the remainder of the City of Eagan and to prioritize it so that we are investigating areas that may have higher incidents of non - compliance. /1?(1-- il - -qv. qu 1111 IIII I. \WY N I 1 1 11 11 4 410,11 . in -1 i ,. $ II , , E 41 AG � ' al ZCI I 4 4 WEST I ,,,: c) ilk- a Q 01 R ,1MMw� R < N N? .. ° ra , „,,.:.:,......,:,,,,„„„,„,,,,,„,„,.,,,.. ,,,,w,,i,,),,,,,,,,,,,,,,,,,o,,,,Kkt„,7 iii 1 IR '414 Lone /4Oak • A & :O M i °''''' . Lift'Station' . P,. iosooffil I „...„.,,,i,,,,,,,„„,.,,,....*„.„,,,, „„:,;;;,.,,,,,,.,,,„, ,,,. .,.,„, ,,,, .,,,,,,, r y �, • ,r,.. Ifs sactorseSsirStotit, 4,40gor re t// p y a ' . 14 Ibistt Kg „„ Imartorm :. ,,,,,,,,,,,,.....„.,. z Ill Mir QUARRY IN _ r 1 10VP to 1p kileAS - war ear Built undev./unknown I 1 1980 - 1984 Property Boundary Pre 1950 1985 - 1989 by Year Built - 1950 - 1959 - 1990 - 1994 ° 7$O B OO 1960 -1969 1995 - 1995 Sanitary District # i6 Feet 1970 - 1974 - 2000 - 200E ((1,, ALp D:"R.:::: Mquq 10. 3009 . Pr.px�DM pI Eap�n D�pp Pusip Wxkp GIS C�I r 1 GE 1975 -1979 uuIEn,9RRS9+iq.adluMl Pu. 1 Sanl.wxVRR Sump l lnp.ciron PropamU'xpN Boundary DWCI is 1a11 xmad /q OP I iiwrillilW ..- •• Or 4 til A AMR J l ib * • Pig r If a CP•D • Wave! Pit Lake a { . I Q LI C,..4 'ADO VIEW RD. UDC' ,wk �� �U • Alexander „ / i , Lift Station �y •: ■ : II I CF,.i O .. i . %1r .. 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C AI 2'+, Mir / iii IF A • u - Country Hollow i 1 t f'� BURP' �► . L%Sta . ifttion N rill. ce a \ 11* ns� ... . 1 1 STA _ � •••;\1 _.... .„„ pi 10--rany . Ft:3.w% _ ! a , MO. si OE MC NUL c t 4 MIN r R -w Itidla Zed nrfi 1 o A rt, , vit MIMEO, zntsr .etitr_4 0 :4 .. 1 ; ., 1 rtirimminill.11PAILLID __., --- ....,,. Year Built [ J Undev./Unknown ; 1980 -1984 Property Boundary r Pre 1950's 71 1985 -1989 by sT 1 1950 - 1959 1990 -1994 Year Built u Soo L,000� MI 1960 - 1969 MI 1995 - 1999 Sanitary District # 13 Feet 4111°. . - 1970 - 1974 - 2000 - 2008 r r Ea pp Map Oat. Au•O * 10. NH Cdr 01 Wp4 MI ►n +ro1 y . CM ab Werlt. 1975 - 1979 L:OVBE0.B PUBWOBI LPro�KINU1MIkUB.N . S.x.n ...Purr., Me 'Kellen Pn•nMP.reel Boundary Olelnat L. Beun.• ■ /9 PROPOSED ORDINANCE REVISIONS — SUMP PUMPS Sec. 3.40. Rules and regulations relating to sewer service. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Sewage means water - carried waste products from residences, public buildings, institutions or other buildings or premises, including the excrement or other discharge from the bodies of human beings or animals, together with such groundwater infiltration and surface water as may be present. B. Industrial waste means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing, trade or business, or from development of any natural resources. C. Sewer system includes all street lateral, main and intersecting sewers and structures by which sewage or industrial wastes are collected, transported, treated and disposed of; provided that this shall not include plumbing inside or a part of a building or premises served, or service sewers from a building to the street lateral. D. Sewerage service means the use of and benefit from the sewer system, including the collection, transportation, pumping, treatment and final disposal of sewage. E. "Clear water" means storm water; natural precipitation; melting snow; ground water{ water flow from a roof, ground surface, subsurface drainage, down spout eave trough,_ rainspout, yard drain, sump pump, foundation drain, yard fountain, pond, swimming pool, cistern overflow, or any other water that is not required to be treated by state or federal law. Subd. 2. Metered water not discharged. If a portion of the water furnished to any premises is not directly or indirectly discharged into the sewer system, the quantity of such water shall be deducted in computing the sewerage service charge or rental, provided a separate meter shall be installed and operated to register the quantity not so discharged into the sewer system. Provided also, that where it is not practicable to meter the portion of the water not discharged into the sewer system, such adjustment may be made as shall be fair and equitable in order to determine the amount of such service charge or rental; but until such adjustment shall be effected that water consumption basis hereinbefore prescribed shall remain in full force and effect. Subd. 3. Classification of industrial wastes. The city shall have the power to classify the industrial wastes from any lot, parcel of land, building or premises discharged therefrom into the sewer system of the city, taking into consideration the quantity of sewage produced and its concentration, strength of river pollution qualities in general and of any other factors entering into the cost of its disposal, for the purpose of fixing and prescribing a distinct rate of rental or use charge, should it be found that as to such sewer uses the water basis consumption does not provide a practicable method in the premises, but until so determined and such distinct rate fixed, the water consumption basis hereinbefore prescribed shall remain in full force and effect as to such commercial or industrial users. Subd. 4. Deleterious substances. No sewage, including industrial wastes, shall contain any substance which is deemed deleterious by the city to the operation of the sewer system or to any plant or facilities used in the treatment or disposal of such sewage. If a user of the sewer system discharges excessive loads or any deleterious substances therein which are likely to retard or injuriously affect sewerage operations, he shall �9 discontinue such practice, and such practice is hereby declared to be a violation of this section. Each day of such violation continuing after the violator having been notified in writing by the city administrator to discontinue such practice shall be deemed a separate violation. Subd. 5. Unlawful discharge. It is unlawful to discharge any of the following described wastes into the sewer system: A. Liquids having a temperature higher than 150 degrees Fahrenheit. B. Water or waste which contains more than 100 ppm by weight of fat, oil or grease. C. Gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas. D. Garbage, except such as has been properly shredded. E. Ashes, cinders, shavings, feathers, tar or other liquid or viscous substance capable of causing obstruction to the flow in the sewer system or other interference with the proper operation of the system. F. Noxious or malodorous substances capable of creating a public nuisance. G. geef - water eunclwatef or- afiy - o thor natufak pf wClear Water Subd. 6. Unmetered water supply. If any premises discharges normal sewage or industrial waste into the sanitary sewer system, either directly or indirectly, obtains part or all of the water used thereon from sources other than the city, and the water so obtained is not measured by a meter of equivalent specifications to the meters used by the city, then in such case the city shall permit the discharge of normal sewage or industrial waste into its sanitary sewer system only when the owner of such premises or some other interested person shall at his own expense installs and maintains for the purpose of metering such water supply a water meter of equivalent specifications to those installed by the city in connection with the city water system. Each water meter shall be installed to measure all water received on such premises, and the above charges and rates shall be applied to the quantity of water received as measured by such meter. If, because of the nature of the source of the water supply, the city deems it impracticable to thus meter the water on any premises, the council may by resolution establish a flat charge per month in accordance with the estimated use of water on such premises. Subd. 7. Size, kind and depth of pipe. The city may prescribe the size, kind and depth of sewerage service pipe and connections. The minimum size, when placed underground, shall be four inches in diameter. Subd. 8. Additional rules and regulations. The council may, by resolution, adopt such additional rules and regulations relating to placement, size and type of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the city administrator, and uniformly enforced. Subd. 9. Connections. It is unlawful for any person to uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. All costs and expenses associated with the installation and connection to a sewer system shall be the responsibility of the property owner benefiting from the installation and connection. The property owner shall indemnify and hold harmless the city from any Toss, claim, damage and /or expense that may, directly or indirectly, be occasioned by the installation and /or connection of a sewer service line. All connections to the city sewer system shall be inspected by city authorized personnel. All excavations necessary for the installation and /or inspection of sewer service shall be safely and adequately stabilized and protected with necessary barriers so as to protect the public from any potential hazard. All restoration associated with the installation of this sewer connection shall be the responsibility of the benefited user and shall be performed to the specifications of the city. Subd. 10. Sump Pumps. Any sump pump system in a structure within the city must have a permanently installed discharge line from the pump that meets the following, requirements: a. It must not at any time discharge water into the municipal sanitary sewer system; b. It must provide the capability for year -round discharge to the outside of the structure, to the city's storm sewer system, or to a city street if street drainage has been approved by the public works director; and c. It must consist of a rigid discharge line, without any connections for altering the path of discharge, and if connected to the city's storm sewer line, must also include a check valve. Inspections. All inspections provided for in this section must be at times that are reasonably convenient for ordinary citizens. City staff may apply to the district court for an appropriate administrative search warrant if a property owner refuses to allow an inspection of the owner's property. a. Regular inspections. Within 30 days after written notice from the city, every person owning improved real estate that discharges into the city's sanitary sewer system must allow the city or a designated city representative to inspect the buildings to determine whether there is a prohibited discharge into the sanitary sewer system. In lieu of having the city inspect the property, a person may furnish an inspection report in a form acceptable to the public works director from a licensed plumber approved by the public works director. b. Re- inspections. A property that is found to he not in compliance with this section is subject to re- inspections to confirm that the property is subsequently brought into compliance. Thereafter, the property is subject to re- inspections on an annual basis to confirm continues compliance. Properties that are in compliance may also be subject to re- inspections to confirm continued compliance. c. Inspections with building permits. If a city inspector is on a property for the purpose of inspecting for compliance with a building permit, the city inspector has the authority to also inspect the property for compliance with this section. Corrections. The owner of a property found to be in violation of this section must make the necessary corrections to comply with this section within the time specified in the written notification from the city. If the owner fails or refuses to make the required connections within the specified time, the city may make the necessary corrections and charge the cost to the property owner. Costs that are not paid maY_becertified for collection as a special assessment in the same manner as delinquent utility bills. Surcharges. A monthly surcharge in the amounts specified in Section A of this code will be added to each sewer and water bill for property where an inspection has not been allowed or certification provided within 30 days after notice by the city, (h) the necessary corrections have not been made within the time specified, or (c) there has been a 99 .�- reconnection of a previously disconnected prohibited discharge when the property is owned by the same or a related owner who owned the property when disconnection occurred. A surcharge will be added for every month during which the property is not in compliance, whether the non - compliance has been for the entire month or a portion of it. The surcharge for a reconnection will be charged beginning with the month after the inspection or certification that confirmed the previous disconnection. Temporary waiver. The City may allow or require a_ temporary___waiver from the provisions of this section where strict enforcement would cause a threat of damage to other property, the environment, or public safety because of circumstances unique to the individual property. A written request for a temporary waiver must be first submitted to the public works director specifying the reasons for the request. If a waiver is required or granted, the property owner must pay an additional fee for sanitary sewer services based on the number of gallons discharged into the sanitary sewer system as estimated by the public works director. The public works director may terminate the waiver upon a failure to comply with any conditions imposed in the temporary waiver or may take appropriate legal action to enforce those conditions. The director must give a 5 day advance written notice of the termination tothe property owner with the reasons for the action. After expiration or termination of a temporary waiver, the property owner must comply with the provisions of this section. Remedies. The remedies provided in this section are cumulative and do not limit the _right of the city to pursue any available legal remedy, Section A. Sanitary sewer monthly surcharges: Inspection not allowed: Single family $150 Non - single family $500 _ Correction not made: Single family $150 Non - single family $500 Prohibited re- connection made: Single famil $300 Non - single family $1000 /() City of Eaafl Memo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 6, 2009 SUBJECT: ADDITIONAL INFORMATION FOR THE JUNE 7, 2009 COUNCIL MEETING RECOGNITIONS AND PRESENTATIONS: A. Recognize the Eagan 4 of July Committee and Eagan Ambassador Court Action to be Considered: To formally recognize the Eagan 4 of July Committee on the success of the many 4 of July festivities, and to recognize the Eagan Ambassador Court that was crowned this past weekend Facts: • The Eagan 4 of July Committee was responsible for the coordination of the Eagan Funfest, 4 of July Parade, Miss. Eagan Pageant, and the Firework display. • The event would not have been possible without the hundreds of volunteer hours provided by the Committee. • Mr. Raleigh Seelig, Chair of the 4 of July Committee, will be in attendance at the July 7 City Council meeting on behalf of the committee. • Members of Eagan's Ambassador Court have also been invited to attend the Council meeting; however, members of the Court, including Kelli Hoveland, Miss Eagan Ambassador Queen, will be unable to attend as they are in attendance the Lakeville Royalty Coronation on July 7. • Additionally, Felecia Boyd ,the outgoing (2008) Miss Eagan Queen Ambassador will be moving on to represent Eagan in the Minneapolis Aquatennial Pageant beginning July 19. CONSENT AGENDA: B. PERSONNEL . The City Administration may add an item that will be presented at the meeting. L. STANDARD CONDITIONS OF PLAT APPROVAL — Two typographical errors were noted in the copy of the updated standard conditions of plat approval that was distributed on Thursday. Replacement pages are enclosed as pages 3 through . M,N, and 0 (Fire Station Relocation) Mayor Maguire has suggested that the three Consent Agenda items pertaining to the Fire Station Relocation be pulled from the agenda in order to allow staff to provide a brief update on the purpose of the relocation and the public process that will occur in the coming months. The update will include: • Possible Open House for the Public • Public Process —Role of the APC and City Council as the City becomes the developer of the property. • The City's pursuit of grant funding for the project through both Federal Stimulus and Federal Appropriation grants NEW BUSINESS: A. INTERIM USE PERMIT — Maggie Mell — An Interim Use Permit to Allow Boarding of Horses — The City Attorney had an opportunity to review the letter from Gregory Soule, Mr. Ramstad's attorney, which is an attachment to this item in the Council packet. Mr. Bauer of the City Attorney's office spoke with Mr. Soule by phone on July 2. Enclosed on page 5 is a memo from Mr. Bauer confirming the conversation and indicating that the points noted in Mr. Soule's letter have been addressed in previous communications by the City Attorney's office that are included in the packet background. In addition, Councilmember Hansen had the conversation regarding agricultural health standards noted in the email enclosed on page 4 . He is suggesting that a condition be added to the Mell IUP to require documentation of this type of testing. If the Council agrees with this suggestion, the addition can be noted at the time of action on the item. Thomas L. Hedges City Administrator STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights - of - Way 1. This development shall dedicate 10 -fo:�; ' •. ainage and utility easements centered over all lot lines and, 10 .! ainage and utility easements adjacent to all .ublic ri • t-of- in'- ition, where necessary to accommodate existing or pro. , utilities . . •rainage ways within the plat. The development sh „ icate easeme ''-.',:,,.r =;.a, sufficient width and location as determined nec , ks by engineering st. ds. 2. This development hall dedica -';' ,oro ' or financi. • . arantee the ��- acquisition costs r. a; ,iage, pon. I ",,.. d utility easemen ° in addition to public street right as requi , by the alignment, depth, and storage capacity of = q blic u''''-',:,!*, a- s and streets located beyond the bo I! .; -s of this t as t:, ice or accommodate this deve .-°',° 3. This a opme ,::-.'shall de • ' to all public right -of -way and temporary slope e e tima • evelopment of adjacent roadways as d by .'. ro. s e ional agency. This de :°;,: !men F. „- 1 dedica a adequate drainage and ponding easements ;, to in acco =% ce •, • . uirements set forth in the latest version of the 's Storm ! ement Plan. .. . - . .. ' . _ . - lif C. Plans and S . ec A z < i.. t' ons 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. # keemot / irr -,c.}____________. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac or temporary cul -de -sac on stub streets to be removed upon further extension, constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street right -of -ways as required by the alignment of the cul -de -sac located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shah submitted overlaid on the proposed grading and utility plan. Th " ciai guarantee for such plan shall be included in the Developme , a „� act and shall not be released until one year after the date of Ci fi w � pliance. D. Public Improvements 1. If any improvements are t s = instal ., 4 under : 'a contract, the appropriate public provemen �� associate: ; - itract must be approved by Co ° N, on prior t. plat approval. E. Permits 1. This shall : - sp • the quisition of all regulatory age .ermits;,uired b y prior to final plat approval. F. Parks and Trai d s � :. Thi op ;.�< hall fu park and trail dedication requirements as recomm - ; ;t d b Advisory Parks and Recreation Commission and as approved ''' ti on . r; Ci Council. action. G. Tree P . ation a itigation 1. This � r a, , . <` t shall be responsible for preparing a tree preservation and mit w,_ g for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks and Recreation Commission and as approved by the action of the City Council. 1. This development shall be responsible for provided a cash dedication, fe rn S Severson, Sheldon, Dougherty ft Molenda, P.A. EVERSON SHELDON il El D Ea Attorneys 1 Advisors MEMORANDUM TO: Jon Hohenstein, Community Development Director FROM: Robert B. Bauer, City Attorney DATE: • July 2, 2009 RE: Maggie Mell Our File No. 206 -28906 Today I had the opportunity to speak with Mr. Gregory Soule, an attorney representing Peter Ramstad. The purpose of Mr. Soule's call was to review Mr. Soule's letter dated July 1, 2009 addressed to Michael G. Dougherty. I informed Mr. Soule that I had read the letter and found nothing new in his arguments set forth in the letter. Each of the items has been previously addressed in either e-mails and/or memos provided to the City staff. If you have any questions, please do not hesitate to be in contact with me. RBB/jlt Email 2009 -07 -06 Gary Hansen -TLH re Mell IUP Application Condition Subject: RE: Mell IUP Application Original Message From: Gary Hansen <garyhansen @lstcounsel.com> To: Tom Hedges Sent: Sun Jul 05 22:23:01 2009 Subject: Mell IUP Application Tom, I recently communicated with a fellow member of the American Agricultural Law Association regarding ordinance language for the keeping of certain livestock within city limits. This individual drafted an ordinance amendment on the topic for a city in Arkansas. A provision specific to horses is the requirement for a Goggins test, which is a simple blood test that checks for Equine Infectious Anemia (EIA) antibodies. The US Department of Agriculture recognizes the Coggins Test as the official test for EIA. According to wikipedia, EIA is a viral disease that infects horses, ponies, mules, and donkeys. Once infected, the animal is infected for life. The EIA virus is closely related to the human immunodeficiency virus (HIV). EIA is transmitted primarily by bloodsucking insects such as horse flies and deer flies and, less frequently, by mosquitoes. It also can be transmitted by blood- contaminated needles or surgical instruments. Animal health officials recommend verification that all horses at breeding farms or boarding facilities have a negative Coggins test before these services are provided. I suggest that we consider adding a condition to the Mell IUP application requiring documentation of a Coggins test. This is particularly advisable if we decide to allow the applicants to board horses, but also may be appropriate for the protection of their own horses, even if they board no additional horses. Gary