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11/07/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 7, 2012 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 IL ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS q A. RECOGNITION of Girl Scouts Centennial Day of Service on October 13, 2012 IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) (0 A. APPROVE MINUTES .�9 _B. PERSONNEL ITEMS 143 C. APPROVE Check Registers 44 D. APPROVE an Amendment to a Grant from the State of Minnesota on Behalf of the Dakota —� County Drug Task Force and Approve a Resolution Authorizing Execution of the Agreement Jf.✓ E. AUTHORIZE Application of a Grant from the Metropolitan Regional Arts Council for an Arts _ Learning Grant for Arts Programming in 2013 5� F. APPROVE 2013 Funding Application from Dakota Valley Recycling to Dakota County for the Community Landfill Abatement Funds and Local Negotiated Initiative Funds (00 G. APPROVE 2012 -2013 Airport Relations Commission Work Plan H. APROVE Resolution Removing Burn Ban WD I. APPROVE Final Payment for Contract 12 -02, 2012 Citywide Street Improvements (09 J. APPROVE Resolution In Support of Dakota County's 5 -Year Transportation Capital Improvement Program (2013 -2017) (oq K. APPROVE Snowplow Defensive Driving Training Agreement with Dakota County Technical College 9 0 L. APPROVE the Blackhawk and Thomas Lake Management Plans for Submittal to the Minnesota Pollution Control Agency (MPCA) M. APPROVE Joint Powers Agreement with Dakota County to Participate in the Dakota County Wetland Health Evaluation Program N. APPROVE Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School's Live and Silent Auction on February 9, 2013 APPROVE Final Subdivision — Eagan Car Club 2nd Addition Pi P. APPROVE Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on February 9, 2013 �3 Q. APPROVE Off -Sale Liquor License for The Herman Group, Inc. DBA Diffley Square Liquors, 4130 Blackhawk Road #102 V. PUBLIC HEARINGS A. FINAL Assessment Hearing, Project No. 1075, Great Oaks Lane/ Great Oaks Circle — Street Improvements. B. FINAL Assessment Hearing, Project No. 1069, Cliff Ridge —Street Improvements C. FINAL Assessment Hearing, Project No. 1064, Hills of Stonebridge 2nd & 3rd — Street Improvements. D. FINAL Assessment Hearing, Project No. 1066, Coventry Pass 1St -2nd/ Country Hollow —Street Improvements E. VACATE Public Drainage & Utility Easements and Approve Final Subdivision, Minnesota Valley Transit Authority 3rd Addition VI. OLD BUSINESS VY) A. ORDINANCE AMENDMENT— Amendment to City Code Section 11.66 Updating Flood Plain District and Regulations in Conformance with FEMA Requirements VII. NEW BUSINESS �55_A. CONDITIONAL USE PERMIT — BUILDING MATERIAL OUTLET —A Conditional Use Permit to Include Outdoor Storage of Trailers, Building Materials such as Shingles, Siding, Architectural Stone, Lumber, and Other General Building Materials Located at 3045 Highway 13 VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE �W A. RECEIVE the 2013 Legislative Policies from the League of MN Cities and Metro Cities IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) X. AD A. B. C. D. E. MINISTRATIVE AGENDA City Attorney City Council Comments City Administrator Director of Public Works Director of Community Development X1. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of Eagan demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 2, 2012 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 7, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 7, 2012 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo November 7, 2012 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. RECOGNITION OF GIRL SCOUTS CENTENNIAL DAY OF SERVICE ON OCTOBER 13, 2012 ACTION TO BE CONSIDERED: Recognize Eagan Girl Scouts for Making a Difference to the Community during their Centennial Day of Service Take Action Project on October 13, 2012. FACTS: Juliette "Daisy" Gordon Low organized the first Girl Scout meeting of 18 girls in Savannah, Georgia on March 12, 1912. Low envisioned an organization that would bring girls out of their sheltered home environments to serve their communities, experience the outdoors, and give them the opportunity to develop "self - reliance and resourcefulness." Today, about 4 million girls are in Girl Scouts of the USA. • The Girl Scouts River Valleys Council annually serves nearly 45,000 girls in southern Minnesota and northwest Wisconsin. Part of national organization, the River Valleys Council shares the mission to build girls of courage, confidence, and character, who make the world a better place. It relies on the support of over 18,000 volunteers. In honor of their founder and 100tH year, Girl Scouts River Valleys implemented the largest project in its history —a Centennial Day of Service Take Action project —on Saturday, October 13, 2012. For the past three years, River Valleys' Take Action Project theme has been Forever Green. Girls have learned about science through environmentally focused projects. This year, the focus was to improve water resource conservation and protection. Girl Scouts participated in one or more of three activities: 1) clean -up of public space by raking and bagging leaves and organic debris where runoff would otherwise wash these materials into lakes or the storm drainage system; 2) education of residents by distributing door hangers about clean water practices and the connection between lawn care and stormwater runoff; and 3) marking of storin drains by applying labels that warn citizens not to dump pollutants into drains. • In Eagan, over 400 Girl Scouts and volunteers raked at Walnut Hill, Trapp Fann, Blackhawk, Northview, and Thomas Lake parks and filled about 1,250 bags of leaves and debris. They distributed over 300 door hangers and applied almost 120 storin drain labels, in the vicinity of about 700 Eagan residences. ATTACHMENT: Centenlial Day of Service: October 13, 2012 Summary on page �J `C Centennial Platinum Sponsors: .yt. �1 CARLSOx MOA Microsoft' 7 Xce►Enery, focl-0— Andersen. W, OUTDOOR Centennial Glid Sponsors: 0 AYO girl scouts CL eH®. of the use Martens °m TRAVELERS) - Centennial Silver5ponsPrs: Deloitte. Uoslens e= k:twedlronk°°G2SP OTARGET. —J By the numbers Participation • Over 25,000 Girl Scouts • 49 counties • 192 volunteer coordinators • 170 communities Community impact On October 13, Girl Scouts: • Gave a total of 62,500 service hours • Kept thousands of pounds of phosphorus from entering lakes and streams* • Marked thousands of storm drains with messages about keeping drains clear of pollutants* • Distributed 50,000 educational door hangers Volunteer coordinators donated a total of 20,000 hours over the course of 12 months. *Final data to be announced in November Coverage Web traffic, October 1 -14 •43,731 visits to GirlScoutsRV.org • 18,918 visits to Centennial Day of Service pages Social media outreach, October 1 -14 • 13,962 total reach on Facebook.com/ GirlScoutsRV • 256 total new likes on Facebook • 1631 Twitter followers News coverage, October 6 -14 • Eight TV spots • 44 print mentions • 3,440,745 impressions • View footage: ilk —... Im mffi�W �. 31 - Partners: FRESHWATER SOCIETY FRIENDS R o OTA The River. The Land. The Future. Agenda Information Memo November 7, 2012 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the September 11, 28 and October 22, 2012 Special City Council meetings and October 2 and 16, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of September 11, 2012 Special City Council meeting are enclosed on pages `7 and • Minutes of September 28, 2012 Special City Council meeting are enclosed on page q . • Minutes of October 2, 2012 Regular City Council meeting are enclosed on pages 10 through (8 . • Minutes of October 16, 2012 Regular City Council meeting are enclosed on pages �9 through . • Minutes of October 22, 2012 Special City Council meeting are enclosed on pages aJ through�D6 . 1 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 11, 2012 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Councilmembers Bakken, Fields, and Hansen and Tilley. Mayor Maguire arrived at 5:38 p.m. City Staff present: City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Communications Garrison, Director of Parks and Recreation Johnson, Director of Public Works Matthys, Director of Community Development Hohenstein and City Clerk Scipioni. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. JOINT MEETING WITH THE ENERGY AND ENVIRONMENT ADVISORY COMMISSION 2012 -2013 EEAC WORK PLAN Acting Mayor Bakken welcomed members of the Energy and Environment Advisory Commission (EEAC). The Commissioners introduced themselves. City Administrator Hedges introduced the item noting it is the practice of the City Council to meet with each of their advisory commissions at least once per year. Director of Parks and Recreation Johnson gave a brief summary of the Commission's purpose, and introduced EEAC Chair, Jeff LeClair. LeClair gave an overview of the proposed work plan and goals for 2012 -13. The Council and the members of the EEAC discussed the work plan and goals adopted at the August 13, 2012 EEAC meeting. The Council thanked the Commission for their work and directed the 2012 -2013 EEAC goals and work plan be included on an upcoming City Council consent agenda for formal consideration. IV. REVIEW RESEARCH ON ORDINANCES REGARDING BACKYARD CHICKENS City Administrator Hedges noted at the June 5, 2012 Listening Session, the City Council received a request from a group of citizens to consider an ordinance amendment to allow backyard chickens. Per the direction of the City Council, 17 Minnesota cities that allow backyard chickens were surveyed. City Clerk /Administrative Services Coordinator Scipioni gave a summary of those responses, as well as public policy considerations. Kim Bernard and Nicholas Janssen were available to answer questions. Council discussed the issue. The Council discussed the issue and provided direction on the public policy issues. A Special City Council Minutes September 11, 2012 Page 2 Councilmember Tilley moved, Councilmember Bakken seconded a motion to direct the City Attorney's office to draft an ordinance amendment to allow backyard chickens, per the policy direction provided by the Council, to be brought back to the City Council for formal consideration at the October 16, 2012 City Council meeting. Aye: 5 Nay: 0 The Council took a 10 minute break. V. UPDATE ON CABLE FRANCHISE AGREEMENT WORK PLAN City Administrator Hedges introduced the item, noting no formal action is requested. Eagan's current cable franchise does not expire until January 6, 2015. On January 30, 2012, the City of Eagan received a franchise renewal request letter from Comcast, formally opening a three -year renewal window with the cable company. Communications Director Garrison introduced attorney Brian Grogan of Moss & Barnett, who together provided the franchise renewal timeline and summarized the proposed franchise agreement work plan. The Council discussed the issue. The next update to City Council will be spring 2013. There was no Other Business. VI. OTHER BUSINESS VIII. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn at 7:27 p.m. Aye: 5 Nay: 0 Date Mayor Clerk i MINUTES SPECIAL CITY COUNCIL MEETING SEPTEMER 28, 2012 4:30 P.M. CONFERENCE ROOMS 2 A &B - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant City Administrator Miller, and Assistant City Administrator VanOverbeke. I. ROLL CALL AND ADOPTION OF AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the agenda. Aye:5 Nay:O II. VISITORS TO BE HEARD There were no visitors to be heard. III. INTERVIEW DIRECTOR OF FINANCE CANDIDATES The City Council interviewed two finalists for the position of Finance Director. The City Council recessed the Special City Council meeting at 5:55 p.m. to be resumed following the regular Council meeting. The City Council reconvened at 8 :15 p.m. The City Council directed that the Director of Finance position be offered to Tom Pepper for formal consideration at the October 16, 2012 City Council meeting. There were no other business items. IV. OTHER BUISNESS VI. ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9 p.m. Aye:5 Nay:0 Date Mayor Clerk 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 2, 2012 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. Doreen Gloode, Kristi Sebastion, Ariana Schlegel and Meg Sebastion with Girl Scouts Eagan Service Unit were present and addressed the City Council inviting them to celebrate the 100th year of Girl Scouts Centennial Day of Service on Saturday, October 13 at various Eagan parks. The group gave a detailed description of their Take Action Project — Clean Water, mentioning how Eric Macbeth, Water Resources Manager, was a helpful resource. Mayor Maguire thanked the group and suggested a follow up presentation, sharing the results of the event, at a future City Council meeting. Three members of the Twin Cities Obesity Prevention Coalition presented the City with window clings proclaiming Eagan as a Healthy Living Community. This was a follow -up to the City Council passing a resolution last March to proclaim Eagan as a "Healthy Eating and Active Living Community ". The window clings will be placed at Parks & Recreation facilities. A regular meeting of the Eagan City Council was held on Tuesday, October 2, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Communications Director Garrison, Police Lieutenant New, Fire Chief Scott and Executive Assistant Stevenson. Mayor Maguire acknowledged the students from Cretin Derham Hall, who were in attendance for their United States Government class. AGENDA City Administrator Hedges noted Consent Item 0. to Approve Final Subdivision — Eagan Car Club 2 "d Addition, should be pulled. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented /modified. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Fire Chief Scott swore in Firefighters Jason Bird, Mallory Vedder, Kimberly Williams and Rob Iten. Absent were Firefighters Matthew Dummann, John Zanaska, and Chris Schmidt. Mayor Maguire congratulated the new Firefighters.. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. There were no minutes to approve. �b City Council Meeting Minutes October 2, 2012 2 page B. Personnel Items: It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommend to approve Check Register dated September 14, 2012. D. It was recommended to approve the 2012 -13 Energy and Environment Advisory Commission Work Plan and Goals. E. It was recommended to approve the Final Payment for Contract 12 -10, 2012 Citywide Storm Sewer Utility Improvements, F. It was recommended to receive the Final Assessment Report for Project No. 1064 — Hills of Stonebridge 2nd & 3rd - Street Improvements and Schedule Public Hearing for November 7, 2012. G. It was recommended to receive the final Assessment Report for Project No. 1066 — Coventry Pass 1st -2nd/ Country Hollow - Street Improvements and Schedule Public Hearing for November 7, 2012. H. It was recommended to receive the Final Assessment Report for Project No. 1069 — Cliff Ridge — Street Improvements and Schedule Public Hearing for November 7, 2012. I. It was recommended to receive the Final Assessment Report for Project No. 1075 — Great Oaks Lane/ Great Oaks Circle - Street Improvements and Schedule Public Hearing for November 7, 2012. J. It was recommended to receive the Petition to Vacate Public Easements, MVTA Bus Garage Expansion and Schedule a Public Hearing for November 7, 2012. K. It was recommended to approve the Plans & Specifications and Authorize Advertisement for Bids for Contract 12 -12, Cedar Grove Boulevard Phase II — Grading Improvements. L. It was recommended to approve the AccessEagan Non - Exclusive Network Access and Use Agreement, Carrier Connection Reimbursement Agreement, and Property Owner Connection Agreements. M. It was recommended to approve Election Judges for the November 6, 2012 General Election. N. It was recommended to approve the Absentee Ballot Board Judges for the November 6, 2012 General Election. 0. Item Pulled. P. Item Removed. PUBLIC HEARINGS PROJECT NO. 1063, CHATTERTON PONDS STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1063 provided for the street overlay improvements within Chatterton Ponds in central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll Project 1063 ( Chatterton Ponds) and authorize its certification to Dakota County for collection. Aye:5 Nay :0 k` City Council Meeting Minutes October 2, 2012 3 page PROJECT NO. 1057, HIGHVIEW ACRES STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1057 provided for the street overlay improvements on Highview Avenue, a residential street within the Highview Acres neighborhood, in northwest Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1057 ( Highview Acres — Highview Avenue) and authorize its certification to Dakota County for collections. Aye: 5 Nay: 0 PROJECT NO. 1062, KINGS WOOD / CUTTERS RIDGE / SHERWOOD DOWNS STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1062 provided for the street overlay improvements within the Kings Wood, Cutters Ridge, and Sherwood Downs additions in central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. 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 Final Assessment Roll for Project 1062 (Kings Wood /Cutters Ridge /Sherwood Downs) and authorize its certification to Dakota County for collection. Aye: 5 Nay: D PROJECT 1061, S & W INDUSTRIAL ACRES (SIBLEY COURT) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1061 provided for the street overlay improvements within the S & W Industrial Acres (Sibley Court) in west central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. On behalf of the property owners, Jeremy Marks, property manager of Simply Self Storage located at 4025 Old Sibley Memorial Highway, addressed the City Council noting that a letter of objection has been filed. There being no further public comment, Mayor Maguire turned the discussion back to the City Council. to City Council Meeting Minutes October 2, 2012 4 page Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1061 (S & W Industrial Acres — Sibley Court) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1060, TESSERACT ( TESSERACT PLACE) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1060 provided for the street overlay improvements within the Tesseract Addition (Tesseract Place) in northwest Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1060 (Tesseract — Tesseract Place) and authorized its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTER 3, ADDING SECTION 3.70 RELATIVE TO THE FIBER OPTIC INFRASTRUCTURE NETWORK FOR ADVANCED COMMUNICATIONS and APPROVE RESOLUTION REGARDING FIBER INFRASTRUCTURE FUND IN CONNECTION WITH CITY'S FIBER OPTIC INFRASTRUCTURE NETWORK City Administrator Hedges introduced the item, noting in the summer of 2011, the City undertook a phased extension of City fiber. Hedges add that the Council's stated purpose of the extension was to provide for open access use by private sector providers to serve local businesses. Assistant City Administrator Miller was available for questions. The City Council discussed the proposed ordinance amendment and resolution. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Bakken moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to City Code Chapter 3, adding section 3.70 relative to the non - exclusive fiber optic infrastructure for an advanced communications network, adopt by reference Eagan City Code Chapter 1 and Section 3.99, and direct the City Attorney to prepare and publish the summary amendment in the legal newspaper. Aye: 5 Nay: 0 Council member Bakken moved, Councilmember Fields seconded a motion to adopt a resolution regarding the City's Fiber Optic Infrastructure Network (AccessEagan). Aye: 5 Nay: 0 13 City Council Meeting Minutes October 2, 2012 5 page NEW BUSINESS REZONING AND PRELIMINARY SUBDIVISION — BENNEROTTE City Administrator Hedges noted the Advisory Planning Commission held a Public Hearing on September 24, 2012, and is recommending approval of the rezoning and preliminary subdivision, including the prepayment option for future street and utility extensions. City Planner Ridley gave a staff report and provided additional history on the property. The applicant was available for questions. The City Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Tilley moved, Councilmember Hansen seconded a motion to approve a Rezoning from A, Agricultural, to LB, Limited Business, upon approximately 4.85 acres located east of Courthouse Lane and north of Highway 55. Aye: 5 Nay: 0 Council member Tilley moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision to create one lot and one outlot upon 4.85 acres located east of Courthouse Lane and north of Highway 55, subject to the following conditions as amended: Aye: 5 Nay: 0 1. The property shall be platted. 2. The developer shall provide building material percentage details for all elevations at time of building permit. 3. Mechanical equipment shall be screened per City Code requirements 4. The Landscape Plan shall be revised to add foundation plantings on the north side of the building, include a second species on the east of the building to be consistent with the planting schedule and overlay the mitigation trees to ensure adequate spacing. 5. The developer shall fulfill required tree mitigation through the installation of twenty -four (24) Category A trees and a cash amount of $21,300. Tree preservation for Outlot A shall be considered at the time of future development. 6. The developer shall be responsible for a cash parks and trail dedication for the newly created lots. 7. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to Building Permit approval. 8. The developer shall obtain the necessary right -of -way permits from MnDOT. 9. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MnDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. The developer shall provide a financial contribution in an amount determined by the city engineer, for the future extension of Courthouse Lane to the east (including the corresponding utilities and a sidewalk /trailway on the north side of the road) and the extension of the internal road (and corresponding utilities) to the north. 11. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 0. City Council Meeting Minutes October 2, 2012 6 page 12. The developer shall provide the City appropriate soil - boring analysis of the location of the proposed stormwater management feature, to evaluate and ensure suitability for infiltration. 13. The developer shall be responsible for annual inspection and maintenance of the stormwater management feature and for providing the City documentation of these activities. 14. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, to address long term maintenance of the stormwater management feature. CONDITIONAL USE PERMIT — ANDERSON PROPERTIES, INC. City Administrator Hedges noted the Conditional Use Permit went before the Advisory Planning Commission at their meeting on September 24, 2012, and recommended approval. City Planner Ridley gave a staff report and provided additional history on the property. The applicant was available for questions. The City Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to permit a Laundromat in the Cedar Grove District zoning district upon property located at 1967 Silver Bell Road, subject to the following conditions as amended: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Any new rooftop mechanical equipment shall be screened in accordance with the requirements of City Code Sec. 11.70, Subd. 12 -D -12. Such equipment must be set back a minimum of 20 feet from the edge of the roof, located and entirely screened from public view and from the ground level of adjacent property and streets that are of equal grade with the subject building. 3. Hours of operation shall be limited to between 7:00 a.m. and 1:00 a.m. in accordance with City Code provisions. 4. The applicant is responsible for any sewer availability charges resulting from the introduction of this use. All sewer availability charges shall be paid prior commencing the operation of the Laundromat. 5. A Sign Permit is required for any new signage and all signs shall be subject to City Code requirements. PLANNED DEVELOPMENT AMENDMENTS —TOWN LAKE MANAGEMENT City Administrator Hedges noted the Advisory Planning Commission held a public hearing on September 24, 2012 and recommended approval of both requests. City Planner Ridley gave a staff report and provided additional history on the property. The applicant's representative was available for questions. The City Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmembers discussed their desire to have landscaping added that would provide varying heights to provide visual interest. The applicant's representative stated they plan to add the pillars \5 City Council Meeting Minutes October 2, 2012 7 page and wrought -iron looking fence but did not have a need for the monument. The City Council agreed that adding similar fencing would be important. Council member Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the approved signage plan for property located at 2640 Eagan Woods Drive, subject to the following conditions: Aye: 5 Nay: 0 An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: ® Building Signage Plan The mechanical equipment shall be screened in accordance with City Code requirements. Such screening shall be accomplished by September 1, 2013. Building address numbers should be installed and displayed in accordance with the provisions in Section 2.78 of the City Code. Council member Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment for the removal of the required monument feature upon property located at 2640 Eagan Woods Drive, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: ! Landscape Plan CONDITIONAL USE PERMIT AND VARIANCE — DAKOTA COUNTY PARKS City Administrator Hedges noted the Advisory Planning Commission held a Public Hearing on September 24, 2012, and is recommending approval. City Planner Ridley gave a staff report and provided additional history on the property. Bruce Blair was in attendance on behalf of Dakota County and was available for questions. The City Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to amend the Comprehensive Sign Agreement for Lebanon Hills Regional Park to include an additional eight signs for properties located at 1350 Carriage Hills Drive, 800 —120th Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The Applicant shall modify the Sign Agreement in a form acceptable to the City Attorney. 3. The signs shall be located as per the overall Sign Plan received September 6, 2012. 4. A sign permit for each sign shall be obtained prior to installation. 5. All signage shall meet sign setback requirements. `6 City Council Meeting Minutes October 2, 2012 8 page 6. The signs shall comply with all other applicable Zoning Ordinance provisions. 7. The proposed signs shall not exceed 7' in height. 8. Landscaping shall be restored to the current condition by June 1, 2013. Council member Bakken moved, Councilmember Tilley seconded a motion to approve a Variance to the height of the sign face for seven signs within Lebanon Hills Regional Park for properties located at 1350 Carriage Hills Drive, 800 - 120th Street, 4801 Johnny Cake Ridge Road, 860 Cliff Road, and the intersection of Galaxie Avenue /Safari Trail, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null. and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall amend the Sign Agreement in a form acceptable to the City Attorney. 3. The signs shall be located as per the overall Sign Plan received September 6, 2012, 4. A sign permit for each sign shall be obtained prior to installation. 5. All signage shall meet sign setback requirements. 6. The signs shall comply with all other applicable Zoning Ordinance provisions. 7. The overall sign face shall not exceed 5'11" in height. 8. Landscaping shall be restored to the current condition by June 1, 2013. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE APPROVE CORRESPONDENCE TO THE METROPOLITAN AIRPORTS COMMISSION WITH COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT ON THE MSP LONG TERM COMPREHENSIVE PLAN City Administrator Hedges noted the Metropolitan Airports Commission (MAC) recently completed a draft Environmental Assessment (EA) on their proposed Long Term Comprehensive Plan, which anticipates development needs at the airport, as well as predicts future passenger and operations levels. Hedges added that the proposed correspondence to the MAC is recommended by the Airport Relations Commission. Assistant City Administrator Miller was available for questions. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Council member Tilley moved, Councilmember Hansen seconded a motion to approve correspondence to the Metropolitan Airports Commission with comments on the Environmental Assessment for the MSP Long Term Comprehensive Plan. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted the attorney's office and City staff are scheduling a meeting with Ecolab to discuss their objection to the special assessments to their property. \1 City Council Meeting Minutes October 2, 2012 9 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:36 p.m. Aye: 5 Nay: 0 Date Mayor Clerk �1� MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 16, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting Mayor Bakken, Councilmembers Hansen and Tilley. Mayor Maguire and Councilmember Fields were absent. A regular meeting of the Eagan City Council was held on Tuesday, October 16, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Bakken, Councilmembers Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Communications Director Garrison, Fire Chief Scott and Executive Assistant Stevenson. AGENDA City Administrator Hedges noted the addition of a grant the City of Eagan will be receiving, to be acknowledged under the Economic Development Agenda. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented /modified. Aye:3 Nay:0 RECOGNITIONS AND PRESENTATION There were no items for discussion. CONSENT AGENDA City Administrator Hedges noted the addition of Item S. Approve a Resolution Approving a Temporary Burning Ban to Include Recreational Fires, and additional information on Item L. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented /modified. Aye: 3 Nay: 0 A. It was recommended to approve the minutes of September 19, 2012. B. PERSONNEL ITEMS 1. Approve the promotion of Tom Pepper for the position of Finance Director. 2. Approve the hiring of Seasonal/ Temporary Employees in Parks & Recreation. C. It was recommended to approve check registers dated September 21 and 28, 2012. D. It was recommended to approve a Resolution to Accept Donations of Equipment from Burnsville off Road for the Fire Departments Jeep Fire Truck. E. It was recommended to declare used Fire Department Helmets Surplus, Authorize their Sale and Authorize that the Proceeds from their Sale be Used to Purchase Additional New Fire Helmets. F. It was recommended to accept a $5,000 Donation from an Anonymous Citizen. G. It was recommended to approve the Final Payment for Contract 12 -01, 2012 Citywide Street Improvements. lq City Council Meeting Minutes October 16, 2012 2 page H. It was recommended to receive the Final Assessment Report for Project No. 1067 — Hawthorne Woods - Street Improvements and Schedule Public Hearing for November 20, 2012. I. It was recommended to receive the Final Assessment Report for Project No. 1068 — Lexington Pointe V -2nd Additions - Street Improvements and Schedule Public Hearing for November 20, 2012. J. It was recommended to receive the Final Assessment Report for Project No. 1073 - Wescott Road/ Glacier Drive - Street Improvements and Schedule Public Hearing for November 20, 2012. K. It was recommended to receive the Final Assessment Report for Project No. 1077 — Northview Park Road/ Braddock Trail/ Elrene Road — Street Improvements and Schedule Public Hearing for November 20, 2012. L. It was recommended to award Contract 12 -12, Cedar Grove Boulevard Phase II — Grading Improvements. M. Item Removed N. It was recommended to approve the Renewal of Snow Plowing Contract for 2012 -2013. 0. It was recommended to approve the Second Amendment to Dark Fiber License Agreement Between the City of Eagan and the Minnesota Valley Transit Authority (MVTA). P. It was recommended to approve the Temporary On -Sale Liquor License for People of Praise, MN, Inc.'s Community Social on November 24, 2012 Q. It was recommended to approve the Telecommunication Lease Agreement Amendments with T- Mobile Central LLC. R. It was recommended to declare unclaimed bicycles to be surplus. S. It was recommended to approve a Resolution Approving a Temporary Burning Ban to Include Recreational Fires. PUBLIC HEARINGS VARIANCE — WELLINGTON WAY - CHARLES (BILL) WALKER City Administrator Hedges introduced a variance request of 2 Y2 feet to the required 10 -food side yard living space setback for property located at 1519 Wellington Way. City Planner Ridley gave a staff report and provided additional history on the project. Bill Walker gave a summary of his request and was available for questions. Acting Mayor Bakken opened the public hearing. Kathy McCarthy, 1515 Wellington Way, addressed the City Council with questions about the variance. Director of Community Development Hohenstein responded to McCarthy's questions. The Council discussed the issues. There being no further public comment, Acting Mayor Bakken turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance of 2 Y2 feet to the required 10 -foot side yard living space setback for property located at 1519 Wellington Way, subject to the following conditions: Aye: 3 Nay: 0 City Council Meeting Minutes October 16, 2012 3 page 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the used permitted in the variance. 2. The upper living space shall remain as shown on the Certificate of Survey received September 7, 2012 consisting of a 7 foot, 6 inch setback to the side property line. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. GOLD TRAIL - PETITION TO REMOVE PARKING RESTRICTIONS City Administrator Hedges noted on August 20, 2012, City staff received a petition from the manager of the Ballantrae Apartments, 3800 Ballantrae Road, and two neighboring residential properties, requesting the removal of the parking restrictions along the north side of Gold Trail, from Dolomite Trail to approximately 650 feet west. City Engineer Gorder gave a staff report and provided additional history on the project. Amy Utley, Manager of the Ballantrae Apartments, gave a brief summary of the request and was available for questions. Acting Mayor Bakken opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to receive the petition and approve the removal of existing parking restrictions on Gold Trail and authorize staff to remove related signage. Aye:3 Nay:0 PROJECT 1058, OSLUND TIMBERLINE (PINE RIDGE DRIVE) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1058 provided for the street overlay improvements on Pine Ridge Drive, a residential street in northwest Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. Acting Mayor Bakken opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1058 (Oslund Timberline aka Pine Ridge Drive — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT 1070, OAK CHASE 4T" (OAK CHASE CIRCLE) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1070 provided for the street overlay improvements on Oak Chase, a residential street within the Oak Chase 4th Addition, in south - central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. City Council Meeting Minutes October 16, 2012 4 page Acting Mayor Bakken 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 Final Assessment Roll for Project 1070 (Oak Chase 4th or Oak Chase Circle — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT NO. 1071, SIGNAL POINT /KNOB HILL PROFESSIONAL PARK STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1071 provided for the street overlay improvements on Signal Point, a residential cul -de -sac, and on Knob Hill, a mixed use street, in central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. Acting Mayor Bakken opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1071 (Signal Point /Knob Hill Professional Park — Street Improvements) and authorized its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT NO. 1072, BOULDER RIDGE (HEINE COURT) STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1072 provided for the street overlay improvements on Heine Court, a residential cul -de -sac in central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. Acting Mayor Bakken 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 Final Assessment Roll for Project 1072 (Boulder Ridge — Heine Court) and authorized its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT NO. 1078, JOHNNY CAKE RIDGE ROAD STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1078 provided for the street overlay improvements on Johnny Cake Ridge Road, from Diffley Road to Teal Cove, a collector roadway in west - central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. Acting Mayor Bakken opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll.for Project 1078 (Johnny Cake Ridge Road, Diffley Road to Teal Cove — Street Improvements) and authorized its certification to Dakota County for collection. Aye: 3 Nay: 0 City Council Meeting Minutes October 16, 2012 5 page PROJECT NO. 1079, DENMARK AVENUE /CLUBVIEW DRIVE STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1079 provided for the street overlay improvements on Denmark Avenue, Lone Oak Road to the south Sam's Club entrance, and Clubview Drive, commercial /industrial collector streets in north - central Eagan. City Engineer Gorder gave a staff report and provided additional history on the project. The City Council discussed the issue. Acting Mayor Bakken 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 Final Assessment Roll for Project 1079 (Denmark Avenue / Clubview Drive — Street Improvements) and authorized its certification to Dakota County for collection. Aye: 3 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTER 10.12 ADDING SUBDIVISION 4 RELATIVE TO HARBORING OF CHICKENS AND A RESOLUTION ADOPTING A PERMIT FEE City Administrator Hedges introduced the item noting at the June 5, 2012 Listening Session, the City Council received a request from a group of citizens to consider an ordinance amendment to allow backyard chickens. City Code currently allows chickens only on properties of at least 5 acres zoned agricultural. Per the direction of the City Council at the September 11, 2012, Special City Council meeting, the City Attorney drafted an ordinance amendment to allow harboring chickens on residential properties and the proposed a resolution to set a $50 annual fee for a permit, which is the same fee currently charged for a carrier pigeon permit. Hedges continued if the Council approves the proposed ordinance amendment, it will go into effect upon its publication on October 26, 2012. The City Council discussed the proposed ordinance amendment and resolution. At the request of the Council, the City Attorney recommended the following amendment to the Ordinance (Subd. #6c) to read as: Slaughtering of chickens on any property zoned for residential use is prohibited. The City Council was in favor of the new wording. Acting Mayor Bakken opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to City Code Chapter 10.12, as revised, relative to harboring of chickens and direct the City Attorney to publish the ordinance amendment summary as amended. Aye: 3 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Resolution adopting a fee for chicken permits. Aye: 3 Nay: 0 There were no items for discussion. NEW BUSINESS 0 City Council Meeting Minutes October 16, 2012 6 page LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Hansen noted he had attended the Girl Scouts event on Saturday, October 13th at Thomas Lake Park celebrating the 1001h year of Girl Scouts Centennial Day of Service. The girls raked 1,000 bags of leaves as part of their Take Action Project — Clean Water. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:38 p.m. Aye: 3 Nay: 0 Date Mayor Clerk ,)q- MINUTES SPECIAL CITY COUNCIL MEETING MONDAY, OCTOBER 22, 2012 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, Assistant City Administrator VanOverbeke, Finance Director Pepper, Communications Director Garrison, Director of Public Works Matthys, Superintendent of Utilities Eaton, Water Resources Manager Macbeth, Director of Parks and Recreation Johnson, Superintendent of Operations Mesko, and Campus Facilities Manager Vaughan. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. JOINT MEETING WITH THE AIRPORT RELATIONS COMMISSION Mayor Maguire welcomed members of the Airport Relations Commission (ARC). The Commissioners introduced themselves. City Administrator Hedges introduced the item noting it is the practice of the City Council to meet with each of their advisory commissions at least once per year. Airport Relations Commission Chair Thorkildson introduced Mr. Carl Rydeen, Assistant Air Traffic Control Manager at the MSP Tower, and Mr. Chad Leqve, Manager- Noise, Environment and Planning at the Metropolitan Airports Commission (MAC), who gave a presentation on the proposed MSP Performance - Based Navigation (PBN) procedures. The City Council, along with Mr. Leqve and Mr. Rydeen, responded to questions raised by residents in attendance at the meeting. Chair Thorkildson gave an overview of the proposed ARC Work Plan for 2012 -13. The City Council discussed the issue. The Council thanked the Commission for their work and directed the 2012 -2013 ARC Work Plan be included on an upcoming City Council consent agenda for formal consideration. IV. 2013 EAGAN CONVENTION AND VISITORS BUREAU BUDGET City Administrator Hedges introduced the item. Communications Director Garrison noted the 2013 ECVB budget features a 2% increase over 2012, and total spending of $926,000. ECVB President & CEO, Brent Cory gave an overview of the proposed 2013 budget and was available for questions. Communications Director Garrison and Director of Finance Pepper were also available for questions. The Council discussed the proposed budget. a� Special City Council Minutes October 22, 2012 Page 2 The Council directed the 2013 Eagan Convention and Visitors Bureau budget be included on an upcoming City Council consent agenda for formal consideration. V. E -TV BUDGET City Administrator Hedges introduced the item. Communications Director Garrison highlighted the proposed 2013 -E -TV budget, noting that Eagan Television (E -TV) continues its award - winning partnership for Eagan's public access studios, located on Thomson Reuter's corporate campus. Garrison added that in 2012, E -TV expanded high school sports coverage, sold out all three sessions of "E -TV Summer Video Camp ", and received 3 awards for E -TV productions. Garrison noted the normal year - over -year budgeting represents a proposed 4.5% increase; however, because of expertise needed for franchise renewal (occurring once every 10 -15 years), the budget is proposed to increase by 17 %. Studio Supervisor Ongstad gave a brief overview of the proposed 2013 budget and was available for questions. The Council discussed the proposed budget. The Council directed the 2013 E -TV budget be included on an upcoming City Council consent agenda for formal consideration. The Council took a 10 minute recess. VI. 2013 ENTERPRISE FUND BUDGETS (CASCADE BAY, COMMUNITY CENTER, WATER, SANITARY SEWER, STREET LIGHTING, STORM DRAINAGE, AND WATER QUALITY) City Administrator Hedges introduced the item, noting by definition, enterprise funds are established to account for self - supporting activities with revenues primarily from user fees at rates set by the City Council. City Administrator Hedges introduced Cascade Bay's 2013 operational budget noting the proposed budget represents a status quo and reflects a 4.5% reduction in operating expenses. City Administrator Hedges introduced the Community Center's 2013 operational budget noting the proposed budget is proposed to increase 2.2% from 2012. Hedges noted that the budget reflects the long -term objective of staffing the building to provide the level of service that the public demands during peak and non -peak times. City Administrator Hedges introduced the Public Utilities - Water 2013 operational budget noting the proposed Water Utility budget shows an overall increase of 1.7% over the 2012 budget. The City Council discussed the issues. City Administrator Hedges introduced the Public Utilities — Sewer 2013 operational budget noting the proposed budget shows an overall increase of 6.0% over the 2012 budget, primarily due to increased charges from the Metropolitan Council Environmental Services (MCES) and the purchase of a replacement sewer televising vehicle and its equipment. 95 Special City Council Minutes October 22, 2012 Page 3 City Administrator Hedges introduced the Public Utilities — Street Lighting 2013 operational budget noting the proposed budget shows an overall increase of 5.5 %, due to increased energy costs and maintenance of an aging system. City Administrator Hedges introduced the Public Utilities - Storm Drainage 2013 operational budget noting the proposed budget shows an increase of 22.6 %, primarily due to correcting an artificially low electricity budget line item. Hedges added that operations are essentially unchanged. City Administrator Hedges introduced the Public Utilities — Water Quality 2013 operational budget noting an increase of 2.3 %, due primarily to adding the City's cost -share for professional services for the 2012 -2015 Neighborhood Lakes Management Plans Clean Water Partnership grant (from Minnesota Pollution Control Agency, which is offset by a decrease in chemicals associated with the operation of the Fish Lake Alum Dosing station. The Council directed the 2013 Enterprise Fund Budgets (Cascade Bay, Community Center, Water, Sewer, Sanitary Sewer, Street Lighting, Storm Sewer and Water Quality) be included on an upcoming City Council consent agenda for formal consideration. The Council directed the Finance Committee to review options with respect to anticipated capital renewal /replacement needs for Cascade Bay over the next few years. VII. CITY ADMINISTRATOR PROFILE / DISCUSSION WITH RECRUITER City Administrator Hedges introduced the item noting on September 19, 2012, the City Council authorized the retention of Brimeyer Fursman, LLC to serve as the executive recruitment firm to assist the City in its search for the next City Administrator. Hedges added that over the past several weeks, recruiters Richard and Irina Fursman have been meeting one -on -one with Councilmembers, department directors, and staff groups to learn about the City of Eagan, understand expectations for the new City Administrator, and develop a position profile. Richard Fursman with Brimeyer Fursman, LLC gave an overview of the proposed process and timeline for the recruitment and selection of a new City Administrator. The City Council discussed the draft profile. There was Council consensus to proceed with the position profile as presented. The City Council discussed the proposed recruitment timeline, and provided direction to hold the finalist interviews on January 17 & 18, 2013. There was no other business to be heard. VI. OTHER BUSINESS VIII. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn at 7:50 p.m. Aye:S Nay:O aq Special City Council Minutes October 22, 2012 Page 4 Date Mayor Clerk WIN Agenda Information Memo November 7, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve City of Eagan's Payment Credit Card Industry Compliance Policy, (PCI Compliance Policy). FACTS: • The Credit Card Industry (including VISA, MasterCard, Discover and American Express) requires that entities accepting credit cards for payment of goods and services take appropriate care to guard against misuse or mishandling of the public's credit card information. • The Information Technology Department in consultation with the Senior Management Team developed a policy to comply with the regulations of the Credit Card Industry. • Components of the policy include specific expectations of City employees who receive credit card information for payment of goods and services. • Highlights of the policy include directives of proper use of credit card information, receipt of information, transmission, dissemination, and storage of the data. The policy also speaks to how this data should be managed on paper and electronically and what steps to take should such data become compromised. ATTACHMENTS: Enclosed on pages 3( through `IQ is the proposed PCI Compliance Policy. -2 Item 2. ACTION TO BE CONSIDERED: Approve hiring of the Assistant Finance Director "to be named ". FACTS: • Council approved re- organization of the Finance Department on July 3, 2012 to complete succession planning for the Director of Administrative Services upcoming retirement. The reorganization resulted in the newly created position of Assistant Finance Director. Item 3. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal/ Temporary Employees in Parks & Recreation: Name Division Job Title Bruckmueller, Carli Civic Arena Building Attendant I O'Shea, Michael Civic Arena Building Attendant I Rhone, Joseph Civic Arena Building Attendant I Grider, Cheryl Community Center Guest Services Representative Howton, Emily Community Center Guest Services Representative Obleman, Ellen Community Center Guest Services Representative Keeney, Robert Community Center PT Manager on Duty PCI Information Security Policy — IT Department Table of Contents PCI Information Security Policy General Information 1.0 Information Classification Standard 2.0 Asset Protection 2.1 Access Control 2.2 Remote Access Control 2.3 Antivirus and AntiMalware 3.0 Information Handling 3.1 Wireless Security 3.2 Physical Security 3.3 Destroying Data 3.4 Non - Electronic Information Storage and Transmission 3.5 Electronic Information Storage 3.6 Electronic Information Transmission 4.0 Vendor Management 4.1 Vendor Management Standard 5.0 Asset Management 5.1 Asset Management Standard 6.0 Acceptable Use 6.1 Acceptable Use Standard 7.0 Vulnerability Assessment and Management 7.1 Vulnerability Assessment Standard 7.2 Vulnerability Management Standard 8.0 Threat Assessment and Management 8.1 Incident Response Standard 9.0 Security Awareness 9.1 Security Awareness Standard 10.0 Responsibilities 2 2 3 3 4 4 5 5 6 6 6 7 7 8 8 8 8 10 10 10 10 10 11 11 11 11 12 PCI Information Security Policy General Information The purpose of this Information Security Policy is to clearly communicate the Information Technologies (IT) objectives for establishing specific standards for the identification, classification, definition of protection and management objectives, and definition of acceptable use of IT and /or Organization information assets. All IT department employees, contractors, part -time and temporary workers, and those employed by others to perform work on City premises or who have been granted access to the City of Eagan's information or systems are covered by this policy and must comply with associated standards and procedures. 1.0 Information Classification Standard The Organization defines information classifications based on the sensitivity, criticality, and value of the information. All information assets, whether generated internally or externally, must be categorized into one of these three information classifications (see the following table): • Unrestricted • Confidential • Restricted 2 1 P a g e a Unrestricted Confidential Restricted Type Publically available Internal Use Only Personally identifiable information financial or criminal information, and MN Data Practices Act private and confidential data Examples Services offered by the List of Park & Recreation Police data, customer's City of Eagan and items customers, Utility Billing proprietary information on the City of Eagan customers, etc (account numbers and web site processing volumes, balances), state drivers 2 1 P a g e a *Please note that information included in this table does not supercede that which is governed by the Minnesota Data Practices Act. 2.0 Asset Protection 2.1 Access Control Authorization for access to information assets will be based on the classification of the information and defined to provide only the level of access required to meet an approved business need or perform 3 1 P a g e equipment license or ID numbers, configurations, social security numbers, employee information, financial account or and application softare credit card numbers. files. Disclosure May be disclosed in the Disclose only to City of Disclose only within normal course of Eagan staff, your department or to (Note that disclosure of conversation management, or vendor authorized staff information to citizens approved by the City is covered by the MN Administrator and /or IT Data Practices Act.) Manager Data Transfer No restrictions Transfer allowed only Only transfers that have between city facilities, prior authorization by unless prior the City Administrator authorization by the and /or IT Manager are City Administrator allowed and /or IT Manager Encryption Not required Confidential data that Encryption for could compromise the electronic data is City of Eagan must be required using encrypted by using approved methods approved methods when leaving a secure before transferring network or building offsite Disposal Wastebasket Shred papers, physically Shred papers, physically destroy or sanitize destroy or sanitize electronic media to IT electronic media to IT specifications specifications *Please note that information included in this table does not supercede that which is governed by the Minnesota Data Practices Act. 2.0 Asset Protection 2.1 Access Control Authorization for access to information assets will be based on the classification of the information and defined to provide only the level of access required to meet an approved business need or perform 3 1 P a g e prescribed job responsibilities. Proper identification and authentication are required. Specific instructions and requirements for controlling access to Cardholder data information assets are provided below. Access Cardholder data and associated system components will be limited to only those individuals whose job requires such access, including the following provisions: • Access rights of privileged user IDs must be restricted to least privileges necessary to perform job responsibilities • Privileges must be assigned to individuals based on job classification and function, also referred to as "role -based access control" • Any accounts used by vendors to access, support, and maintain system components are disabled and enabled only when needed by the vendor 2.2 Remote Access Control Authorization for remote access to information assets will be based on the classification of the information and defined to provide only the level of access required to meet an approved business need or perform prescribed job responsibilities. Proper identification and authentication are required. Specific instructions and requirements for controlling remote access to Cardholder data information assets are provided below: • Modems or other communication devices used to remotely connect to Organization systems must automatically disconnect after a reasonable period of inactivity. Unless otherwise justified, the inactivity time should not exceed 30 minutes. • Modems used by vendors or other third parties to connect to Organization Systems must be activated only when needed for approved functions and must be deactivated immediately after. • Cardholder data must not be stored onto local hard drives, floppy disks, USB drives, CD- R, or any other removable or secondary media when accessing such data remotely. Likewise, such data must not be printed or copied /moved to other documents or data stores using cut /copy /paste functions. • Remote Access must be protected by two- factor authentication, requiring both a password and an additional authentication item [e.g., smart card, token, PIN] are required. 2.3 Anti -virus and Anti - malware Information assets must be protected from destructive software elements such as viruses and malicious code that impair normal operations. Organization- approved virus detection programs must be installed, enabled, and updated on all Organization systems susceptible to viruses and malicious code. Specific instructions and requirements for malicious code prevention and detection are provided below: 41 Page �q • Organization- approved anti -virus software must be installed on all Organization servers and client workstations for which a solution is available. • Anti -virus programs must detect, remove, and protect against all known types of malicious software [e.g., viruses, Trojans, worms, spyware, adware, and rootkits]. • Organization- approved anti -virus software must be enabled at all times. Virus detection must not be disabled on any computer resources equipped with anti -virus protection. • All licensed product executable or version upgrades to the anti -virus software must be distributed and implemented within thirty (30) days from general availability release from the vendor. Distribution of virus detection software upgrades must be expedited, as necessary, to effectively respond to security advisories or findings from assessment and monitoring activities. • All new virus signatures must be distributed and activated within ten (10) days of their release from the vendor. Distribution of virus signature updates must be expedited, as necessary, to effectively respond to security advisories of findings from assessment and monitoring activities. • Organization- approved anti -virus software must automatically scan files as they are accessed, executed and /or written to and from disk. • Organization- approved anti -virus software must automatically scan exchangeable media such as floppy disks, in real -time, when they are accessed. • A full drive -scan must be performed at least weekly on clients. • All local drives and volumes must be scanned daily during periods of low utilization on servers. Virus detection scans must not conflict or interfere with other regularly scheduled system and operational activities [e.g., backups, production batch jobs, etc.]. • Startup scripts should be modified to run Organization - approved anti -virus software that performs full scans of local disks and volumes upon startup of servers. • All virus scan logs must be maintained online for thirty (30) days and retained in accordance to the Auditing Standard and applicable laws and regulations. • Virus Scan Logs must be reviewed daily for virus detection records and automated responses. 3.0 Information Handling Cardholder data must not be stored or recorded electronically in any form without the direct authorization of the Chief Financial Officer and IT Manager. 3.1 Wireless Networks 51Page -y� Wireless networks must use strong safeguards while transmitting data over open, public networks. This includes but is not limited to strong cryptography and security protocols such as SSL /TLS, IPSEC, SSH, etc. Wireless networks transmitting cardholder data or connected to the Restricted environment muse use industry best practices (e.g., IEEE 802.11i) to implement strong encryption for authentication and transmission. 3.2 Physical Security Cardholder data must be rendered unreadable anywhere it is stored (applies to backup media, log files [e.g., transaction, history, debugging, error], history files, and trace files) by methods cited in PC/ DSS v2.0 Req. 3.4. Any electronic media (e.g ., computers, removable electronic media, networking and communications hardware, telecommunication lines) are not permitted to store cardholder data. Any non - electronic media that contains Cardholder data must be physically secured [e.g., paper receipts, paper reports, and faxes]. Procedures for protecting cardholder data must include controls for physically securing paper and electronic media. Strict control over the internal or external distribution of any kind of electronic or non - electronic media that contains Cardholder data must be maintained. Media containing Cardholder data must be classified so the sensitivity of the data can be determined. Media containing Cardholder data that is sent outside the facility must be logged and authorized by management and sent via secured courier or other delivery method that can be accurately tracked. Management must approve any electronic or non - electronic media containing Cardholder data that is moved from a secured area, especially when the media is distributed to individuals. 3.3 Destroying Data Strict control over the storage and accessibility of media that contains Cardholder data must be maintained, including periodic inventories of any electronic or non - electronic media to identify whether media is missing or unaccounted for. Any electronic or non - electronic media that contains Cardholder data must be periodically destroyed in a secure manner, based on the retention requirements for that information: • Electronic media containing Cardholder data must be destroyed by securely wiping, degaussing, or physically destroying the media, such as grinding or shredding hard disks. • Non - electronic media containing Cardholder data must be destroyed by cross -cut shredding, incinerating, or pulping to ensure that the data cannot be reconstructed after disposal. • Non - electronic media containing Cardholder data that is destroyed by a shredding or document destruction service must be physically secured and have a lock preventing access to the contents. 3.4 Non - Electronic Information Storage and Transmission 61 Page 0 3.5 Electronic Information Storage All electronically stored information must be handled based on its Information Classification. A description of each Information Classification category and the handling requirements for each type of activity is provided in the following table: Restricted Intra- Organization or Office Mail Sealed Intra- Office envelope marked "Confidential ". Duplication Photocopying of Cardholder data is not allowed. Mailing Mailing of Cardholder data is not allowed. Disposal Electronic: Render cardholder data on electronic media Stored on removable media unrecoverable so that cardholder data cannot be reconstructed. Disposal of electronic information Non- electric: When no longer needed for business or legal and /or media requirements, destroy in a manner that protects confidentiality, e.g., crosscut shred, incinerate, or pulp hardcopy materials. Storage Storage in a lockable enclosure with access restricted to authorized personnel only. 3.5 Electronic Information Storage All electronically stored information must be handled based on its Information Classification. A description of each Information Classification category and the handling requirements for each type of activity is provided in the following table: 3.6 Electronic Information Transmission All electronically stored information must be handled based on its Information Classification. A description of handling requirements for each type of activity is provided in the following table: Restricted Stored on fixed media with access Not permitted controls Information must not be made available via Internet except through secure tunnel with Corporate network, e.g., SSL VPN Stored on fixed media without Not permitted access controls Not permitted Stored on removable media Not permitted Disposal of electronic information When no longer needed for business or legal requirements, and /or media removable media (disks, CDs, DVDs, optical discs) should be rendered unusable by using a military grade wipe program to delete files, or via degaussing or otherwise physically destroying the media. Hard drives should be overwritten using a multi -pass technique to prevent undeleting of data using recovery software. 3.6 Electronic Information Transmission All electronically stored information must be handled based on its Information Classification. A description of handling requirements for each type of activity is provided in the following table: 7 1 P a g e Restricted Corporate Network (IAN /WAN) Must be encrypted using an Organization- approved PCI compliant method. Non - Secure /Public Networks Information must not be made available via Internet except through secure tunnel with Corporate network, e.g., SSL VPN Email Not permitted Fax Not permitted Voice Mail Not permitted 7 1 P a g e 4.0 Vendor Management Information assets must be handled according to their classification to prevent unauthorized disclosure or modification by third party service providers and to meet specific regulatory requirements. Specific instructions for managing vendors who have access to Cardholder information assets are provided below. 4.1 Vendor Management Standard An established process for engaging service providers, including proper due diligence prior to engagement, must be performed to ensure that the service provider is thoroughly vetted internally by the Organization [e.g., a risk analysis prior to establishing a formal relationship with the service provider]. If Cardholder data is shared with a service provider (e.g., back -up tape storage facilities, managed service providers such as Web hosting companies or security service providers, or those that receive data for fraud modeling purposes) the following provisions must be met: • A current list of all service providers that have access to the Organization's Cardholder data must be maintained. A written agreement that includes an acknowledgement that the service provider is responsible for the security of the Organization's Cardholder data that the service provider possesses must be maintained. A program to monitor service providers' PCI DSS compliance status at least annually must be maintained. 5.0 Asset Management This section defines Organization objectives for establishing specific standards for the management of the Organization's networks, systems, and applications that store, process and transmit Organization information assets. 5.1 Asset Management Standard All changes to network devices in the Organization's Cardholder production environment must be made in accordance with the Organization Change Control Process and Vulnerability Assessment Standard. • A formal process for testing and approval of all network connections and changes to firewall and router configurations must be followed. A current network diagram [e.g., one that shows cardholder data flows over the network] must exist that documents all connections to cardholder data, including any wireless networks and is kept current. Firewall and router configuration standards must address the following requirements to protect Cardholder information assets: A firewall at each Internet connection and between any DMZ and the internal network zone. A description of groups, roles, and responsibilities for logical management of network components. 8 1 P a g e km Documentation and business justification for use of all services, protocols, and ports allowed, including documentation of security features implemented for those protocols considered to be insecure. A review of firewall and router rule sets at least every six months. Firewall configurations must restrict connections between untrusted networks and any system components in the Cardholder information assets environment, as follows: Inbound and outbound traffic is limited to that which is necessary for the Cardholder [i.e., cardholder data] environment, and that the restrictions are documented. All other inbound and outbound traffic is specifically denied [for example by using an explicit "deny all" or an implicit deny after allow statement]. Perimeter firewalls must be installed between any wireless networks and the Cardholder environment and must be configured to deny or control (if such traffic is necessary for business purposes) any traffic from the wireless environment into the Cardholder environment. Direct public access between the Internet and any system component in the Cardholder environment must be prohibited, as follows: Do not allow any direct connections inbound or outbound for traffic between the Internet and the Cardholder environment. Do not allow unauthorized outbound traffic from the Cardholder environment to the Internet. Implement stateful inspection, also known as dynamic packet filtering [i.e., only "established" connections are allowed into the network]. Vendor- supplied defaults must be changed before installing a system on the network [e.g., include passwords, simple network management protocol (SNMP) community strings, and elimination of unnecessary accounts). For wireless environments connected to the Cardholder environment or transmitting cardholder data, change wireless vendor defaults, including but not limited to default wireless encryption keys, passwords, and SNMP community strings. Ensure wireless device security settings are enabled for strong encryption technology for authentication and transmission. Systems must be configured to enable only necessary and secure services, protocols, daemons, etc., as required for the function of the system. All non - console administrative access is prohibited. 91 Page 6.0 Acceptable Use This section defines Organization objectives for establishing specific standards on appropriate business use of the Organization's information and telecommunications systems and equipment. 6.1 Acceptable Use Standard Transmission of unencrypted Cardholder data by end -user messaging technologies [e.g., e-mail, instant messaging, chat] is prohibited. Proper use of employee - facing technologies [e.g., remote - access technologies, wireless technologies, removable electronic media, laptops, tablets, personal data /digital assistants (PDAs), e-mail usage and Internet usage] is required within Cardholder environments, with the following provisions: • Explicit management approval to use the technologies • Authentication with user ID and password or other authentication item [e.g., token] A list of all devices and personnel authorized to use the devices Labeling of devices with owner, contact information, and purpose Uses for the technology Acceptable network locations for the technology A list of company- approved products 7.0 Vulnerability Assessment and Management This section defines Organization objectives for establishing specific standards for the assessment and ongoing management of vulnerabilities. 7.1 Vulnerability Assessment Standard Vulnerability assessments must include external and internal vulnerability scans at least once every three months and after any significant infrastructure or application upgrade or modification and must include the following: Internal rescans must be done by a qualified internal resource(s) or qualified external third party until passing results are obtained, or all "High" vulnerabilities as defined in PCI DSS v2.0 Req. 6.2 are resolved. External scans of the network must be performed by an Approved Scanning Vendor (ASV), approved by the PCI SSC. 7.2 Vulnerability Management Standard All system components and software in a Cardholder environment must be protected from known vulnerabilities by having the latest vendor - supplied security patches installed. Install critical security patches within one month of release. 101 Page LAO 8.0 Threat Assessment and Management This section defines Organization objectives for establishing specific standards for the assessment and ongoing monitoring of threats to Organization information assets. 8.1 Incident Response Standard An Incident Response Plan must be developed to address the following: • Roles, responsibilities, and communication and contact strategies in the event of a compromise including notification of the payment brands, at a minimum • Specific incident response procedures Business recovery and continuity procedures • Data back -up processes • Analysis of legal requirements for reporting compromises • Coverage and responses of all critical system components • Reference or inclusion of incident response procedures from the payment brands The Organization's Incident Response Plan must: • be tested at least annually; designate specific personnel to be available on a 24/7 basis to respond to alerts; • provide appropriate training to staff with security breach response responsibilities; • include alerts from intrusion - detection, intrusion - prevention, and file- integrity monitoring systems to verify the existence of network and system intrusions; • include a process to modify and evolve the incident response plan according to lessons learned and to incorporate industry developments. 9.0 Security Awareness This section defines Organization objectives for establishing a formal Security Awareness Program, and specific standards for the education and communication of the Information Security Program Charter and associated policies, standards, guidelines, and procedures to Organization staff and other System Users. 9.1 Security Awareness Standard Newly hired Organization personnel must receive the appropriate Information Security Awareness training as part of their formal new employee orientation. All Organization employees should receive the appropriate Information Security awareness training on an annual basis. Effective combinations of the following Security Awareness materials and techniques should be used to promote and reinforce Organization information security objectives upon hire and at least annually thereafter: E -mail reminders, bulletins, and newsletters 41 111 Page • Logon banners with topical security message • Screen savers with security messages • Security awareness contests • Security posters • Organization newsletter • Booklets and handouts 10.0 Responsibilities The Chief Financial Officer is the approval authority for all payment processing and maintains the relationship with the merchant banks. The Manager of Information Technology is responsible for the development, implementation, and maintenance of the Information Security Policy, and associated Standards and Procedures. Senior management is responsible for ensuring that the Information Security Policy and associated Standards and Procedures are properly communicated and understood within their respective organizational units. All individuals, groups, or organizations identified in the scope of this policy are responsible for familiarizing themselves and complying with the Information Security Policy and associated Standards and Procedures, and will also be accountable for one or more of the following levels of responsibility when using Organization information assets: Owners are managers of departments that have primary responsibility for information assets associated with their functional authority. When Owners are not clearly implied by organizational design, the Assistant City Administrator will make the designation. Owners are responsible for identifying information assets; assigning the proper information classification; ensuring the proper labeling for sensitive information; designating the Custodian in possession of the information; ensuring the information classifications are properly communicated and understood by the Custodians; and reviewing information assets periodically to determine if their classifications should be changed. Custodians are the managers, administrators and those designated by the Owner to manage, process, or store information assets. Custodians are responsible for understanding the information classifications and applying the necessary controls to maintain and conserve the information classifications and labeling established by the Owners. Users are the individuals, groups, or organizations authorized by the Owner to access information assets. Users are responsible for understanding the information classifications. Users also must abide by the controls defined by the Owner and implemented by Custodians, and follow all of the protection objectives of this Information Security Policy and related Standards, Guidelines, and Procedures. 121 Page 4'a Agenda Information Memo November 7, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 5, 12, 19, and 26, 2012 as presented. ATTACHMENTS: • Check registers dated October 5, 2012 are enclosed without page number. • Check registers dated October 12, 2012 are enclosed without page number. • Check registers dated October 19, 2012 are enclosed without page number. • Check registers dated October 26, 2012 are enclosed without page number. LA?) Consent Agenda Information Memo November 7, 2012, Eagan City Council Meeting CONSENT AGENDA: D. Approve an amendment to a grant from the State of Minnesota on behalf of the Dakota County Drug Task force and approve a resolution authorizing execution of the agreement. ACTION TO BE CONSIDERED: To approve an amendment to the Grant Contract A- NGTF - 2012- EAGANCI -00010 on behalf of the Dakota County Drug Task Force to receive additional funding from Minnesota Office of Justice Programs in the amount of $295,546. FACTS: • The Drug Task Force has received grant funds since its inception in 1988. • One municipality in Dakota County has always acted as the Dakota County Task Force fiscal agent. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for book keeping, budgeting and grant administration. • In February 2012, the Eagan City Council on behalf of the Dakota County Drug Task Force, approved a grant contract with the State of Minnesota, Office of Justice Programs, for $285,546 to help fund drug task force operations through 2012. • The State of Minnesota, Office of Justice Programs, has elected to make an amendment to the 2012 grant for an additional $295,546 that would fund task force operations through 2013. • This amendment extends the grant through 2013 and will provide the task force with a total of $581,092.00 over the life of the grant. • For information about the Dakota Drug Task Force activities, a copy of the organization's 2011 annual report is included. • There are three copies of the amendment to be signed by the Mayor in his signature file. ATTACHMENTS: 2013 grant amendment on pages 1-15 to 1417 Drug Task Force 2011 Annual Report on pages Li to 5(0 Resolution on page 44 REVISED EXHIBIT A OF PVe� /C s q 9m 4 OFFICE OF JUSTICE PROGRAMS sT�rFOF M11111 �P Grantee: City of Eagan Grant Number: A -NGTF- 2012- EAGANCI -00010 Program: Dakota County Drug Task Force Personnel $ 159 00 146 300.00 Contract Services $18,850.00 1naQM Office Expenses $21,200.00 $42,400.00 Program Expenses $26,900.00 1AIL0 0.00 Other Expenses 230 800.00 Confidential Funds $35,846.90 $70,092.00 VA 'rJ ' Grant Agreement Amendment Page 1 of 2 Minnesota Department of Public Safety ( "State ") Commissioner of Public Safety Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101 -2139 Grant Program: Narcotics and Gang Task Force 2012 Grant Agreement No.: A- NGTF - 2012- EAGANCI- 00010 Grant Amendment No.: 1 Grantee: Grant Agreement Term: City of Eagan Effective Date: 1/1/2012 3830 Pilot Knob Road Expiration Date: 12/ 'z 12/31/2013 Eagan, Minnesota 55122 -1897 Grant Matching Requirement: Grantee Agreement Amount: Original Agreement Amount $0.00 Original Agreement Amount $285,546.00 Previous Amendment(s) Total $0.00 Previous Amendment(s) Total $0.00 Current Amendment Amount $0.00 Current Amendment Amount $295,546.00 Total Agreement Amount $0.00 Total Agreement Amount $581,092.00 In this Amendment deleted agreement terms will be struck out and added agreement terms will be underlined. Revision 1. Special Conditions, Item 2 "Time limitations on funding use" of the Original Grant Agreement is amended as follows: $218,500.00 $70,000.00 is available from January 1, 2012 through Deeember 31, 201-2 June 30, 2013. $148,500.00 is available from January 1, 2012 through December 31, 2013. $67,046..00 $362,592.00 is available from July 1, 2012 through December 31, 2012 December 31, 2013. Revision 2. Exhibit A of the Original Grant is replaced by Revised Exhibit A which is attached and incorporated into this Grant Agreement. Any references to Exhibit A now refer to Revised Exhibit A. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DPS Grant Agreement Amendment (09/08) 1 Grant Agreement Amendment Page 2 of 2 1D The Original Grant Agreement and all previous amendments are incorporated into this amendment by reference. 1. ENCUMBRANCE VERIFICATION Individual certifies that fiends have been encumbered as required by Minn. Stat. §§ 16A.1 S and 16C.05. Signed: 3. STATE AGENCY By: (with delegated authority) Title: Date: Date: Grant Agreement No. A -NGTF- 2012- EAGANCI- 00010 /3482W 3 -14618 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. M Title: Mayor Date: November 7, 2012 0 Title: City Clerk Date: November 7, 2012 DPS Grant Agreement Amendment (09/08) qr7 Distribution: DPS /FAS Grantee State's Authorized Representative Contributing Agencies: Apple Valley Police Department, Burnsville Police Department, Dakota County Slieriff's Office, Eagan Police Department, Farmington Police Department, Hastings Police Department, Inver Grove Heights Police. Department, Lakeville Police Department, Mendota Heights Police Department, Rosemount Police Department, Savage Police Department, South St. Paul Police Department, West St. Paul Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Army National Guard Counterdrug Program DCDTF Team Description The Dakota County Drug Task Force (DCDTF) consists of 14 cohesive full -time and.one' /4 time licensed police officers and deputies from Dakota County, 11 Dakota County cities, and the City of Savage in Scott County. Scott County borders the western edge of Dakota County and both counties sit geographically south of the heavily populated Minneapolis and St. Paul metropolitan area. The task force is co- located and under operational direction of a full -time task force commander. The task force's jurisdiction encompasses 627 square miles with a population of approximately 425,000 citizens. Each participating agency recognizes that narcotic activities, and those crimes related to narcotics, are not restricted nor limited by city or county boundaries. Because of this recognition, combined with a large geographic area, population density and diversity, and illegal narcotic activity within the DCDTF jurisdiction area, Dakota County law enforcement agencies and the City of Savage cooperatively participate in task force enforcement goals and efforts. Drug arrests continue to represent approximately 30% of all cases charged by the Dakota County Attorney's Office and remain a priority concern for law enforcement and prosecutors. The Dakota County Drug Task Force remains the leader in drug arrests for all state funded task forces and has experienced an increase in the amount of drugs seized, and the number of arrests has increased to over 700 chargeable arrests in 2011. The DCDTF operates under a Joint Powers Agreement (JPA) with the operations and finances being monitored by a governing board consisting of representatives from each law enforcement agency and the Dakota County Attorney's Office. The Joint Powers Agreement is in full compliance with the current Narcotics and Violent Crime Task Forces oversight guidelines manual and the DCDTF recently re- certified in September 2011 with the State of Minnesota. The board meets on a monthly basis during which the previous month activities of the task force are discussed and financial reports are submitted by the task force's fiscal agent. The financial report includes the current status of forfeitures, expenditures, operating funds, and government buy fund balance. The Board also plans for future operational, administrative, and resource needs, and reviews and discusses potential task force and community needs and trends. The governing board also encompasses an Executive Committee consisting of the Board Chair, Vice — Chair, and Treasurer. The Executive Committee serves as a resource to the task force Agent -in- Charge for major operational and personnel decisions requiring immediate action or board input between monthly meetings. Arrests / Search Warrants / Presentations Drugs Seized in weight 2008 2009 2010LO1 ��0 �._ %change 2010 -2011 Arrests 686 710 591 � X106 +19.5% Search Warrants 139 185 161 a - ffM +40.4% # of Presentations 78 51 69t 340 26.1 # in attendance 2,535 1,469 1,615 �_ �� +30.6% Drugs Seized in weight (* amount includes DEA seizure within DCDTF jurisdiction) Reported State Forfeitures 2008 2009 2010 ��0 �._ % change 2010 -2011 Amphetamine 5 du 28 du 19 du +1,831.6% Cocaine /Crack (pounds) 6.67 1.55 1.17 4419 ff (- 58.1 %) Ecstasy (MDMA) 152,738 du 1,573 du .525 du 340 (- 35.2 %) Heroin (grams) 200 gm 553 grn 39 m (- 44.8 %) Metham hetamine (pounds) 16.54 2.18 2.87 +778.0% Marijuana (pounds) 191.9 242.1 118.7 656 2I � +452.9% Marijuana Plants 812 976 1776 83 (- 53.2 %) Ox cotin 179 du 152 du 34 du "' 5_ +475% Prescription 1,208 du 1,204 du 6,254 du;89 =du -69.8% (* amount includes DEA seizure within DCDTF jurisdiction) Reported State Forfeitures (Seized numbers do not reflect items returned per court order or final pending distributions) 2008 2009 2010,011' Gross cash seizures $170,318 $343,960 $242,913;8G +87.3% # Vehicles Seized 13 34 23.- 2 -4.4) Firearms Seized 20 38 2154- +157.1% (Seized numbers do not reflect items returned per court order or final pending distributions) Organizational Changes In 2011, the DCDTF underwent some major staff changes at the operational and administrative levels. Lakeville Sergeant Andy Bohlen was placed into the Agent -In- Charge position after Sergeant Joe Leko was promoted to Captain with the Dakota County Sheriff's Office. Dakota County Sheriff's Sergeant Dan Bianconi also joined the team as a team leader, coming with previous narcotics task force experience on the state and federal level. Sergeant Dan Bianconi will take over in 2012 as the next Agent -in- Charge. Long -term Team Leader Mike Heski also returned to his home agency in Savage and two new team leaders were appointed in 2011. Agents Steve Stoler and Jeremiah Simonson stepped into the Team Leader roles in December of 2011. The team's long -term fiscal agent, Ryan Stevens, also took a new job and was replaced with incoming fiscal agent, Alexandra O'Leary. The City of Eagan still maintains financial accountability and coordinates any fiscal audits with the DCDTF. Finally, in 2011 the task force continued to maintain strong federal relationships, working often with the DEA and the ATF, who each have agents acting as liaisons out of the DCDTF main office. Linda Lorentz retired from the Dakota County Drug Task Force after serving the organization for nearly eleven years. Her contributions and ability to keep the team organized helped prepare professional cases for prosecution. She was a valuable asset and a large group of current and former team members gathered at her retirement to show their respect for one of the longest serving employees of the DCDTF. Tine Gipson replaced Linda in 2011 as the team's sole clerical and administrative support staff person. She is a full -time employee of the Hastings Police Department and came to the DCDTF with nearly 6 year's experience. Tina has already helped organize and streamline the new Drug Trak records management system and convert much of the outdated systems to a paperless option. Sergeant Eric Meyer came to the DCDTF in 2011 from the U.S Army National Guard Counter -Drug program and is assigned as a crime analyst. He assists agents with research and helps coordinate complex drug investigations. In 2012 he will be certified to perform on -site ION scans on suspected drug money to determine if seized cash had been co- mingled with illegal 51 4 2011 was also a year of functional changes in many ways for the DCDTF. The DCDTF setup a new under cover vehicle, purchased an armored raid vehicle, moved the secure drying cage to accommodate additional task force vehicle parking, relocated our technology and educational materials, added additional semi - private workspaces, and re- designed our tactical briefing room with updated technology and furnishings. The team also took ownership and updated the team logo and patch seen below. Conference room table for 16 agents Hitachi FX Trio 77" interactive Starboard Marijuana secure drying cage — used to dry illegal vegetation until it can be stripped and weighed for criminal charges Evidence Technician Ron Gjorvad has been with the DCDTF since 2006 and maintains an ever growing evidence and property room. In 2011 the DCDTF set another record for the number of evidence items taken into custody as Ron processed 3,956 individual items. .5 a . Just a few highlighted cases from 2011 During the months of May and June, agents conducted a complex drug investigation in Ramsey and Dakota County. Through tenacious investigative efforts, agents were able to establish a solid 1 st degree drug case by purchasing 1,400 illegal ecstasy pills and several stolen firearms taken during a Hennepin County burglary. (Top photo - a pound of methamphetamine) (Lower photo - drug proceeds found near a drug shrine) (Stolen firearm located during a search warrant) In June, agents from the Dakota County Drug Task Force, Ramsey County narcotics officers, DCMAAG officers, and members of the St. Paul Police Department worked cooperatively to execute two simultaneous high - risk residential search warrants in Dakota and Ramsey County. The Ramsey County warrant was the result of an ongoing investigation requiring hours of surveillance. Because of efforts by agents of the DCDTF the team was able to link the related homes and federally charge three illegal aliens associated with a large organized methamphetamine Mexican Drug Trafficking Organization. The efforts yielded over $60,000 in cash from drug proceeds, two loaded firearms, and over a pound of methamphetamine. On June 30, 2011, agents conducted a complex drug investigation in Dakota County involving an organized Mexican Drug Trafficking Organization. Through investigative efforts, agents were able to establish a solid criminal case against a suspect and followed up with residential warrants in two Dakota County cities. Agent's efforts yielded over $37,000 cash from drug proceeds and over 80 pounds of marijuana with a street value of over $60,000. 0 (Compressed marijuana bricks seized by DCDTF) (500 ecstasy pills seized by DCDTF) In July, agents from the Dakota County Drug Task Force executed a follow up search warrant at a residence in Hennepin County after agents conducted a felony undercover drug transaction for the purchase of 500 ecstasy pills from a suspect. The warrant yielded additional ecstasy pills, marijuana, prescription pills, $2,500 cash, and a loaded handgun. In August, agents conducted a complex marijuana drug investigation in Ramsey and Dakota Counties involving a link to a suspected Mexican Drug Trafficking Organization. DCDTF was able to establish a solid criminal case against a suspect and followed up with a residential warrant and a Dakota County financial warrant seizing a large amount of suspected drug proceeds. The investigation yielded over $69,000 in cash from drug proceeds and over 10 pounds of marijuana with a street value of over $50,000. (Several pounds of high -grade marijuana) (Several bags of high -grade marijuana seized by DCDTF) In September, agents from the Dakota County Drug Task Force responded to a Dakota County motel after staff had discovered over 28 pounds of high -grade marijuana with a street value of over $125,000. Agents set up a 24 hour surveillance detail and eventually apprehended two suspects connected to a drug trafficking organization (DTO) operating across several states. This case stressed the strong working relationship DCDTF has with local hotel /motel operators and how we can partner to keep the community safe. In November, Dakota County Drug Task Force agents received several tips on a local suspect who was allegedly hiding a large amount of marijuana in a hidden room inside their home. Armed with the new information, agents conducted a second search warrant and responded back to the residence and located the hidden room. The result of the investigation yielded three adult arrests, the seizure of nearly $4,500.00 in cash, and the seizure of over 376 pounds of marijuana with a street value of over $1,000,000.00. The marijuana seizure is one of the largest marijuana seizures within the history of the DCDTF. (Over 70 containers full of marijuana) 2012 GOALS In 2012, a primary objective for the DCDTF is as follows: Disrupt and investigate organized Drug Trafficking Organizations (DTOs) operating within Dakota County distributing large quantities of marijuana and methamphetamine. The DTOs will be tenaciously pursued through the use of confidential informants, targeted through hotel /motel interdiction, and great efforts will be made to get person(s) in place to purchase illegal narcotics from the highest source level. Efforts will also be made to obtain and turn over informants that are well- connected to the source and speak the native language. The objective will be measurable through the statistical data collected in seizures of cash and illegal drugs linked to these criminal organizations. The shared law enforcement intelligence community and the strong relationships DCDTF has built with the local hotel /motel operators will also be an indicator if DCDTF is having a local impact on the criminal organizations. Finally, the DCDTF also recognizes the need to evolve and better understand drug trends related to prescription drug abuse and the impact synthetic drugs have on our community. The DCDTF will make it a priority objective to do the following: Obtain additional training on prescription drug trends and increase their collective knowledge on the latest synthetic drugs on the market. In 2010 and 2011, the DCDTF provided drug awareness presentations at numerous local schools, civic clubs, businesses, women's shelters, hospitals, law enforcement officer groups, and various other concerned citizen groups. There, attendees were provided information and were able to ask questions of current local and national trends. The DCDTF also fielded several phone calls from the media at that time regarding the recent reported spike in prescription pill use as well as synthetic marijuana (K2). DCDTF will continue to conduct undercover stings in 2012 -2013 to see if any local shops sell any illegal synthetic drugs and remain vigilant and responsive to the changing synthetic drug trend. Information and knowledge gained from the additional training on synthetic and prescription drug abuse will be passed onto the community and law enforcement groups through future presentations. (2C -E "Europa" ) 56 (Synthetic marijuana) Awards In 2011, the Dakota County Drug Task Force awarded fifteen officers, individuals, and businesses written commendations for their outstanding contributions to the team's success. While all current agents with the DCDTF do exceptional work each day, specific criteria was established by the DCDTF team to receive an award. The criteria encompassed categories such as large drug seizures, seizures of drug proceeds, apprehension of known violent offenders, recovery of illegal or stolen firearms, and assistance from individuals and businesses above and beyond to the DCDTF in the resolution of a complex drug investigation. The following were formally recognized by the DCDTF in 2011: Sergeant Dan Bianconi Agent Tommie Booth Agent Andy Gubash Agent /Team Leader Mike Heski Agent Mark Kritzeck Agent Blake Pederson Agent Joe Robertson Agent Steve Stoler Agent Shawn Scovill Burnsville Street Crimes Officers Casey Smith & Derek Schutz Officer Sean McKnight of the Apple Valley Police Department Travel Lodge in Burnsville Prime Rate Motel in Burnsville We Make a Difference In 2011, I was approached by two people with extreme gratitude for our interaction with their families. On one occasion, I was called by an adult female that the DCDTF had arrested for felony possession of methamphetamine, removed her two year child with social services, put the father in prison as a career offender, and had her kicked out of her rental property because of the criminal activity. Despite the list of potentially negative interactions, she wanted to tell me that DCDTF saved her life. She was proud of the fact that she had now successfully completed a treatment program, was getting custody of her son back, and getting her life back on track. She stated we saved her life from spinning out of control. On a second occasion, I was simply meeting an adult male that had recently been released from prison after serving time for his drug crimes. The man had called to get back some of his property that we had still in evidence. The man had asked his sister to give him a ride to meet and get his property. Upon meeting the man, his sister, with tears in her eyes, said "Thank you for giving me my brother back." The Dakota County Drug Task Force does make a difference. In 2011, the DCDTF set new records and continues to be one of the top performing state funded tasks forces within Minnesota. It was a privilege and honor to work with such dedicated professionals. The agencies associated with the continued support of the Dakota County Drug Task Force can truly rest assured that the men and women that work for the DCDTF are exceptional. - Sergeant Andy Bohlen ME CITY OF EAGAN RESOLUTION ACCEPTING DONATION /GRANT TO THE CITY OF EAGAN ON BEHALF OF THE DAKOTA COUNTY DRUG TASK FORCE State of Minnesota WHEREAS, the City Council of the City of Eagan encourages public donations /grants to help defray the costs; and WHEREAS, the State of Minnesota has presented the City of Eagan on behalf of the Dakota County Drug Task Force with a donation/grant in the amount of $295,546.00 to support drug task force operations; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation/grant is hereby accepted for use by the Dakota County Drug Task Force. ADOPTED this 7th day of November, 2012. Motion by: Seconded by: Those in Favor: Those Against: Date: Y7 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Memo November 7, 2012 City Council Meeting E. AUTHORIZE application of a grant from the Metropolitan Regional Arts Council for an Arts Learning Grant. ACTION TO BE CONSIDERED: Authorize the submission of the grant application. FACTS: • Metropolitan Regional Arts Council has grants for up to $10,000 available for Arts Learning projects. Grants are awarded with a dollar to dollar match, with 25% in cash. • Parks & Recreation will submit a grant for $10,000 for arts programming in 2013 to include: • After school artist in residence at Dakota Hills Middle School. • Arts programming at Glacier Hills Elementary School to include an artist in residence program. • Coordination of student mentor opportunities between the middle school and elementary school. • Community events with photographer Wing Young Huie. • All activities will have specific learning outcomes and include an intention for community engagement. • The grant submission deadline is November 5, 2012. ATTACHMENTS: • None V% Agenda Information Memo November 7, 2012 City Council Meeting F. APPROVE 2013 FUNDING APPLICATION FROM DAKOTA VALLEY RECYCLING TO DAKOTA COUNTY FOR THE COMMUNITY LANDFILL ABATEMENT FUNDS AND LOCAL NEGOTIATED INITIATIVE FUNDS ACTION TO BE CONSIDERED: To approve the funding application of Dakota Valley Recycling to Dakota County for Community Landfill Abatement Funds and Local Negotiated Initiative Funds to operate the 2013 Dakota Valley Recycling Program. FACTS: • The Cities of Eagan, Apple Valley, and Burnsville annually submit a joint application to Dakota County for Solid Waste Abatement funds, which are used to operate the collaborative Dalcota Valley Recycling (DVR) program. • The 2013 base level funding request for the recycling program has been set at $155,800, which supports two full -time employees, outreach materials, an upgraded Web site, and public contact phone lines. • The application for the Community Landfill Abatement Program follows Dakota County's solid waste guidelines and recommendations. • Dakota County is offering additional money for projects that support the Dakota County Solid Waste Master Plan outcomes. Therefore, DVR is applying for an additional Local Negotiated Initiative Fund (LNIF) allocation of $6,134 to provide reduction, reuse, recycling, or organics collection at community- sponsored events, such as parades, community celebrations, or other short duration events. • If DVR is successful in obtaining LNIF funds, they will seek to incorporate recycling activities at the 4"' of July Funfest. DVR is currently working with the Funfest Board on recycling opportunities for Funfest activities in 2013. • In 2012, DVR successfully used LNIF dollars to fund an organics collection and recycling program at Marketfest, which is anticipated to continue in 2013. ATTACHMENTS: • Due to the length of the applications, they are not included in the packet. For a copy of either grant application, please contact the City Administrator's office. Agenda Information Memo November 7, 2012 City Council Meeting G. APPROVE 2012 -2013 AIRPORT RELATIONS COMMISSION WORK PLAN ACTION TO BE CONSIDERED: To approve the 2012 -2013 Airport Relations Commission Work Plan. FACTS: • The City Council and Eagan Airport Relations Commission (ARC) met in a joint meeting at the October 22, 2012 Special City Council Meeting. • At the workshop, the Council dialogued about the efforts proposed by the ARC for the coming year, and directed the 2012 -2013 Work Plan to a future City Council meeting for formal consideration. ATTACHMENTS: • Enclosed on page W-W is the proposed 2012 -2013 ARC Work Program. El City of 6akau 2012 -2013 Eagan Airport Relations Commission (ARC) Work Plan Work Plan Topic Presenters/Invited Schedule (tentative) Guests 1. Area Navigation (RNAV) Maps and Fleet Mix Review Thursday, September 27, • Review draft RNAV tracks; prepare for joint Council- 2012 ARC Meeting ARC workshop • Formalize 2012 -2013 Work Plan 2. Presentation of Proposed RNAV Tracks and 2012 -2013 Chad Leqve, MAC Joint Meeting with the City ARC Work Plan Manager, Noise Office Council— October 22, 5:30 • Noise impact of RNAV on Eagan's residential areas p.m. • Impact of changes on noise contours Carl Rydeen, FAA Asst. • Economic impact of RNAV to airlines and MSP ATCT Manager 3. RNAV Public Mtg at the Eagan Community Center Chad Leqve, MAC November 13, 5:30 -8:30 • The MAC /FAA will host one of their two public input Manager, Noise Office, p.m. at the Eagan meetings on the RNAV tracks in Eagan and MAC staff Community Center • Stations will be provided to review tracks Carl Rydeen, FAA Asst. ATCT Manager 4. Overview of the Noise Oversight Committee (NOC) and Chad Leqve, MAC January 8, 2013 ARC Mtg Review of Delta Fleet Mix Manager, Noise Office • 2013 Work Plan • Accomplishments of NOC to date Jeffrey Hart, Delta (NOC • 2012 Actual Noise Contour Report (when available) Co- Chairman) • Explanation of how Remote Monitoring Towers are used (how data is collected /analyzed and how RMT locations are selected) • Review fleet mix projections from Delta / Presentation by Jeff Hart, Delta's General Mgr of Airport Customer Service and Co -Chair of NOC 5. Town Hall Meeting Chad Leqve, MAC Thursday, March 14, 2013 • Hold ARC town hall meeting in an area impacted by (Location: TBD) RNAV tracks (specific location TBD) FAA Representative • Send invitations to each household in defined area • Continue electronic aircraft noise survey of participants Eagan City (invitation includes survey link) Councilmember(s) • Chad Leqve to provide update on timeline for RNAV implementation, and forecasted operations for the Eagan's Legislative specific neighborhood invited to the meeting Delegation (invited) Tammy Mencel, MAC Commissioner ca ` DRAFT 2012 -2013 Airport Relations Commission Work Plan Page 2 6. State of the Airport Presentation Jeff Hamiel, MAC May 8, 2013 ARC meeting • Speak to the state of the aviation industry, changes at Executive Director MSP, economic impact of MSP, fleet mix, etc. • Invite Airport Relations Commissions from Mendota Tammy Mencel, MAC Heights and Inver Grove Heights Commissioner Mendota Heights' and Inver Grove Heights' ARC 7. Showcase Eagan June 13, 2013 • ARC to have booth at Showcase Eagan, including maps of RNAV tracks, noise mitigation, etc. 8. Ongoing ARC Efforts Review at monthly ARC • Monthly review of MAC technical reports, including meetings in 2012 -2013 Corridor compliance, fleet mix, and runway usage • Review and provide feedback on NOC initiatives and studies • Ongoing communication efforts about airport issues via Experience Eagan, City website, Facebook and cable TV • Participation in MAC aviation disaster drills (�J a Agenda Information Memo November 7, 2012 Eagan City Council Meeting H. APPROVE RESOLUTION REMOVING BURNING BAN. ACTION TO BE CONSIDERED: Approve resolution removing burn ban. FACTS: • On October 161h the Eagan City Council approved a resolution to implement a temporary burn ban to include recreational fires. • This resolution was based on information received from the Minnesota Department of Natural Resources (DNR). • On October 22, 2012 the DNR lifted all restrictions on camp fires in Minnesota. • Based on the DNR's action, staff is recommending that Council resend our temporary burning ban and allow recreational fires. • Staff will try to get information out to the public to use extreme caution with any recreational fire and to follow the rules as set in Eagan City Ordinance 10.40. • Currently the burn ban must be implemented and removed at a City Council Meeting by the Council. • This year we did receive some complaints that the Minnesota DNR lifted the ban before Halloween, but the city wasn't able to follow suite due to the timing of council meetings. • Staff would like to work with the City Attorney's office to make a recommendation of changing the ordinance for the future to allow the Fire Chief to have the authority to institute and remove a temporary burn ban which would be based on direction from the Minnesota Department of Natural Resources. • This change would address the concerns that the ban was not started or stopped in a timely manner this year. ATTACHMENTS: • Resolution on pages Uc and COG . (0 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on November 7, 2012, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION BANNING RECREATIONAL FIRES WHEREAS, pursuant to Minnesota Statutes, Section 412.221, subdivision 17, the City of Eagan has the authority to adopt regulations as are reasonable and expedient to prevent, control, or extinguish fires; WHEREAS, the Minnesota Department of Natural Resources' fire danger rating for Dakota County was considered "Very High," and the Commissioner thereof ordered burning restrictions in Dakota County commencing Sunday, October 7, 2012 at 1 :00 a.m.; and WHEREAS, on October 16t" the City Council deemed it necessary for the general health, safety and welfare of its residents to ban all recreational fires, as that term is defined in the Eagan City Code. WHERAS, on October 16th, the Minnesota of Department of Natural Resources' changed the fire danger rating to low; therefore recreational fires can now be allowed in the City of Eagan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that recreational fires within the City are allowed as long as they follow City Code. ADOPTED this 7th day of November, 2012. Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: c�4 WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. m Agenda Information Memo November 7, 2012 Eagan City Council Meeting I. CONTRACT 12 -02, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 12 -02 (Citywide Street Improvements) in the amount of $144,902.63 to Hardrives, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 12 -02 provided for the street improvements in the areas of: o Highview Acres (City Project 1057) • Oslund Timberline (Pine Ridge Drive, Project 1058) • Tesseract Place (Project 1060) • S & W Industrial Acres (Sibley Court, Project 1061) • Kings Wood/ Cutters Ridge/ Sherwood Downs (Project 1062) • Chatterton Ponds (Project 1063) • Hills of Stonebridge 2"d — 3`d (Project 1064) • Coventry Pass 1St -2 °d / Country Hollow (Project 1066) • Hawthorne Woods (Project 1067) • Lexington Pointe 1St - 21 (Project 1068) • Cliff Ridge (Project 1069) • Oak Chase 4"' (Oak Chase Circle, Project 1070) • Signal Point/ Knob Hill Professional Park (Project 1071) • Boulder Ridge (Heine Court, Project 1072) • Great Oaks Lane/ Great Oaks Circle (Project 1075) as programmed for 2012 in the City's 5 -Year Capital Improvement Program (2012- 2016) and authorized by the City Council under the aforementioned projects. • 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. M Agenda Information Memo November 7, 2012 Eagan City Council Meeting J. CAPITAL IMPROVEMENT PLAN (2013 -2017) DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve a resolution in support of Dakota County's draft 5- year Transportation Capital Improvement Program for 2013 -2017. FACTS: • At the May 8, 2012, Special Council Workshop, the Council reviewed and discussed the proposed Public Works Department's 5 -year Capital Improvement Program (CIP) for 2013- 2017. After consideration, the Council affirmed the draft CIP. • On June 5, the City Council approved the 5 -year CIP as discussed at the May 8 Council Workshop, including improvements to County Highways that are important to the City of Eagan. Since the County and City share the cost of all County Highway improvements on a 55/45 split, a comparison of our requests to the County's current CIP were forwarded to the County for consideration in preparing their next CIP (2013 -2017) • The Dakota County Transportation Department has now completed their draft 5 -year CIP for 2013 -2017 which is scheduled to be presented at a public hearing on November 8, 2012, in the Board Room at the County Administration Center in Hastings. • After reviewing Eagan's CIP, as well as their own County Transportation Plan, the County has included all of the County Highway improvements proposed by the City, such as major road upgrades, but doesn't reference specific signalized intersection or trail improvements. The County CIP includes funding for such minor improvements, but does not commit to individual project areas on a long range planning basis. • The County has now requested that the City formally approve the County's draft CIP for 2013 - 2017. City staff has reviewed it and found it in order for favorable Council consideration. ATTACHMENTS: • Comparison of City and County CIP's, page �C �o`7 5 -vr Capital Improvement Plan (CIP) Eagan (2013 -2017) VS. County (Draft 2013 -2017) October 10, 2012 NA =Not Addressed CIP IMPROVEMENTS - construction Year Eagan's App'd Co. App'd County's (2013 -17 CIP) (D 2013 -17 CIP) Cost Estimate ROADS i. Pilot Knob Road (Yankee Doodle Rd to Central Parkway) 2014 2014 $250,000 Median/Widening /Access Modifications 2. Pilot Knob Road (Yankee Doodle Rd to Central Parkway) 2017 NA $250,000 Median /Access /Backage Road Modifications Est by City SIGNALS I INTERSECTIONS I, CSAH 32, Cliff Road at Johnny Cake Ridge Rd 2013 2011 $450,000 Intersection Modifications Includes Federal 2. CSAH 32, Cliff Road at Nicols Rd 2013 2011 $290,000 Intersection Modifications Includes Federal a. CSAH 31, Pilot Knob Rd at Deerwood Dry & TBD 2013 2013 $50,000 Flashing Yellow Arrows (County - Signal Constr) Est by City 4. CSAH 28, Yankee Doodle Road at Promenade Ave 2014 NA $125,000 New Traffic Signal Installation Est by City s. CSAH 28, Yankee Doodle Road at Elrene Rd 2014 2014 $150,000 New Traffic Signal Installation (County- RWAcquisition Only) Est by City s. CSAH 30, Dif ley Road at Nicols Rd 2014 NA $250,000 Traffic Signal & Intersection Modifications Est by City 7. CSAH 30, Diffiey Road at Cedar Ave Freeway Ramps 2014 2015 $400,000 Traffic Signal & Intersection Modifications Est by City e. CSAH 26, Lone Oak Road at TH 55 2014 2014 $625,000 Intersection Reconfiguration/Traffic Control Upgrade 9. TBD 2014 NA $50,000 Flashing Yellow Arrows Est by City o. CSAH 28, Yankee Doodle Road at Mike Collins Drive 2015 2015 $150,000 Intersection Reconfiguration Est by City I. TBD 2015 NA $50,000 Flashing Yellow Arrows Est by City 2. TBD 2016 NA $50,000 Flashing Yellow Arrows Est by City 3. CSAH 26 /CSAH 43, Lone Oak Road at Lexington Ave 2017 NA $375,000 Intersection Reconfiguration/Traffic Control Upgrade Est by City 4. TBD 2017 NA $50,000 Flashing Yellow Arrows Est by City TRAILS i. Adjacent to Multiple County Roads (CSAH 30, 31, 32, 43) 2013 NA $526,669 Trail Overlays Est by City 2. Adjacent to Multiple County Roads (CSAH 28, 31, 32) 2014 NA $56,033 Trail Overlays Est by City 3. Adjacent to County Road (CSAH 31) 2016 NA $75,603 Trail Overlays Est by City 4. Adjacent to Multiple County Roads (CSAH 30, 32, 43) 2017 NA $106,931 Trail Overlays Est by City 5 Year Total $4,330,236 l� FYA only, Signal Construction not anticipated In City CIP County CIP (2011 -2015) programmed for 2011 Construction in 2014 programmed in City CIP Nicols Rd lane reconfiguration by City (2013) In conjunction with planned TH 55/ 149 Improvements County Safety & Management Program County Safety & Management Program County Safety & Management Program County Safety & Management Program Not typically programmed in County CIP Separate County funding proram Separate County funding proram Separate County funding proram Agenda Information Memo November 7, 2012 Eagan City Council Meeting K. SNOW PLOW DEFENSIVE DRIVING TRAINING AGREEMENT DAKOTA COUNTY TECHNICAL COLLEGE ACTION TO BE CONSIDERED: Approve an agreement with Dakota County Technical College (DCTC) to provide defensive driver training for six (6) snow plow operators and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Public Works Department includes certain costs in its annual budget for the training of its employees. • DCTC provides a 6 -hour defensive driving course specifically tailored to snow plow operators. The course offers instruction on operating vehicles in a defensive mode based on the correct principles and techniques needed to be a safe and skilled snow plow operator. • The City of Eagan snow plow operators have an outstanding safety record. This defensive driving course would enhance their skills and help to maintain our high standards of service delivery. • DCTC requires that a contract between the parties be executed which outlines the duties and expectations of each party as well as defines the terms of payment for the training. • The cost of this training is $200 per operator for a total cost of $1,200. The cost of this training will be the responsibility of the 2012 Department 22 (Street Division) Budget - Conferences and Schools. • The contract has been reviewed by the City Attorney and Public Works Department staff and is in order for favorable Council consideration. Agenda Information Memo November 7, 2012 Eagan City Council Meeting L. BLACKHAWK AND THOMAS LAKES MANAGEMENT PLANS ACTION TO BE CONSIDERED: Approve the Blackhawk and Thomas Lake Management Plans for submittal to the Minnesota Pollution Control Agency (MPCA). FACTS: • In 1987, the MN Legislature authorized creation and funding of the Clean Water Partnership (CWP) Program (Minn. Stat. § 103F.701 to 103F.761) through the MPCA. The CWP Program focuses on control of nonpoint source pollution through watershed management to protect and improve surface and groundwater. It provides financial assistance through matching grants and loans and technical assistance to local units of government to lead pollution control projects. The CWP Program supports studies of water bodies with pollution problems, development of action plans to address problems, and plan implementation to fix the problems. CWP funds also are used for studies or projects to protect water bodies that meet Minnesota's water quality standards. • Nonpoint source pollution comes from many sources, such as construction sites, paved surfaces, failing septic systems and over - fertilized lawns. These sources contribute huge quantities of phosphorus, bacteria, sediments, nitrates and other pollutants to the environment. They represent the largest combined threat (an estimated 86 percent) of the state's water pollution. • Since 1987, the Legislature has provided the CWP Program over $35 million. CWP projects require large commitments of time and effort by participants, including matching grant money with cash or in -kind services. Local units of government must sponsor and act as fiscal agents. • To date, the MPCA has awarded City of Eagan four CWP grants to conduct diagnostic studies and prepare implementation plans: 1) $93,974 for Schwanz Lake (1994); 2) $48,985 for Fish Lake (1995); 3) $55,276 for Blackhawk and Thomas lakes (2010), and $167,000 for 12 "Neighborhood Lakes" (2012). The city also acquired a no- interest, $51,250 CWP loan in 1997 to construct the Fish Lake alum treatment facility. • Eagan's Water Quality & Wetland Management Plan (2007) directs development of management plans for priority lakes. Responding to MPCA classification of top priority Fish and Schwanz lakes as impaired waters (excessive phosphorus), the city completed required Total Maximum Daily Load (TMDL) plans in 2010, with support of a $90,000 TMDL grant from the MPCA. • Similar to the Fish and Schwartz lakes effort, the project for Blackhawk and Thomas, Eagan's next two priority lakes, included evaluations of in -lake water quality, assessments of the phosphorus loadings affecting each system, and implementation plans to address needs. Even though the MPCA has not classified either lake as impaired, the ultimate objectives are to put into practice priority system improvement projects and activities to benefit these lakes. • On August 17, 2010, the City Council approved a Consulting Engineering Contract with Wenck Associates, Inc. to prepare the plans. The City's cash and in -kind match in the budget is $56,264 from the Water Quality (Lakes & Wetlands) program. The Gun Club Lake Watershed Management Organization has contributed $2,400 in cash to the project. • Fulfillment of the CWP grant contract includes submitting the plans to the MPCA for approval. The contract is effective from January 13, 2011 until June 30, 2013. • Water Resources staff have reviewed the plans and found them to be in order for favorable Council action. 90 Agenda Information Memo November 7, 2012 Eagan City Council Meeting M. WETLAND HEALTH EVALUATION PROGRAM JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with Dakota County to Participate Jointly with Other Cities in the Dakota County Wetland Health Evaluation Program through 2016. FACTS: • In 1997, the City joined the MN Pollution Control Agency, MN Audubon Society, the MN Zoo, Dakota County agencies, and the cities of Lakeville and Burnsville to implement the first Wetland Evaluation Project, which was funded by the U.S. Environmental Protection Agency. • In 1998, Dakota County's Environmental Education Program initiated the Dakota County Wetland Health Evaluation Project (WHEP), which annually expanded and now includes many other partner cities. • The goals of the WHEP are to: 1) provide meaningful data on wetland health to local governments; 2) foster public awareness of wetland values and health; and 3) create positive partnerships between citizens and local governments in addressing natural resource issues. • Since the beginning of the program, over 500 volunteers have collected biological data at over 100 wetlands in Dakota County. The 30 or so local volunteers make Eagan's WHEP team the largest. • Starting in 2002, after five years of state and federal funding, each city has supported its own participation in the WHEP. On December 16, 2008, the City Council approved the 2009 joint powers agreement that terminates December 31, 2012, unless extended by further written agreement of the parties. • Funding for the WHEP comes from the Water Resources program, the budget for which is approved annually by the City Council. $3,600 has been budgeted for a 2013 expenditure. • Water Resources staff have reviewed the agreement and found it to be in order for favorable Council action. ATTACHMENT: • 2013 -2016 WHEP Joint Powers Agreement, pages qD� through 9 �1 ATTACHMENT A JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF FOR THE WETLAND HEALTH EVALUATION PROGRAM The parties to this Agreement are the County of Dakota, a political subdivision of the State of Minnesota (County) and the City of , a governmental and political subdivision of the State of Minnesota (City). This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to facilitate the analysis of wetlands located with the City through the Dakota County Wetland Health Evaluation Program (WHEP), which is coordinated and managed by the County, to obtain data and other information to assist both parties in performing their responsibilities under the Minnesota Wetland Conservation Act. SECTION 2 TERM Notwithstanding the date of the signatures of the parties, the term of this Agreement shall commence on January 1, 2013, and shall continue in full force and effect until December 31, 2016, unless earlier terminated by law or according to the provisions of this Agreement. SECTION 3 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 4 EXERCISE OF POWERS The parties to this Agreement agree that the County shall administer the funds collected hereunder and disburse these funds for expenses incurred by WHEP. SECTION 5 POWERS AND DUTIES OF THE COUNTY 5.1 The County shall administer the WHEP funds on behalf of the City. 5.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain such funds and accounts as may be required by good accounting practices. 5.3 The County may apply for and accept gifts, grants, loans and money, other property or assistance from federal or state agencies, or any other person to carry out the WHEP in Dakota County. 5.4 The County may use funds to hire and retain a monitoring coordinator, a non - profit agency, consulting firms and such other personnel as may be needed to provide the services contemplated under this Agreement. Notwithstanding the foregoing, the parties agree that WHEP is a volunteer based program and that data collection shall be performed solely by volunteers trained by the County. 11<31�' SECTION 6 FUNDING On or before March 31 each year of the term of this Agreement, the County shall provide to the City a complete WHEP fee schedule for that calendar year, including an itemization of the fee for analyzing each wetland and the fee for performing a quality assurance recheck to enable the City to evaluate whether to participate in the WHEP for that year. If the City elects to participate in the WHEP for that year, the City shall notify the County and the County shall provide the services described herein. On or about July 1 of each year that the City elects to participate, the County shall submit an invoice to the City for the WHEP fees for that year and the City shall remit payment to the County within 30 days after receipt of such invoice. SECTION 7 WHEP TIMELINE The parties agree to the following timeline for each year of the term of this Agreement: Spring The County shall provide a WHEP fee schedule to the City and the City shall notify the County if the City elects to participate in the WHEP for that calendar year and identify the specific wetlands to be analyzed. Late Spring and Summer Trained volunteers shall collect data regarding the quantity and variety of plants and insects within each City designated wetland. A consultant hired by the County shall conduct a quality assurance recheck on one of the wetlands. Fall The consultant hired by the County shall compile and analyze the data collected for all wetlands within the City under the WHEP and prepare a written report on the same. Winter The County shall deliver to the City the consultant's written report and the data collected for all wetlands analyzed within the City. SECTION 8 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 9 AUTHORIZED REPRESENTATIVES AND LIAISONS 9.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 9�) TO THE CITY: or successor, Mayor City of In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 9.2 LIAISONS. To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison Paula Liepold Telephone: (952) 891 -7117 Email: paula.liepold @co.dakota.mn.us SECTION 10 TERMINATION City Liaison Telephone: Email: Either party may terminate this Agreement at any time upon 90 days written notice to the other party. SECTION 11 GENERAL PROVISIONS 11.1 COMPLIANCE WITH LAWS /STANDARDS. The City and the County agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible. 11.2 EXCUSED DEFAULT — FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 11.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 11.4 RECORDS RETENTION AND AUDITS. Each party's bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the parties must keep these records for at least six years or longer if any audit -in- progress needs a longer retention time. qLA 11.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the County and the City. 11.6 ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Said consent may be subject to conditions. 11.7 GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. ch. 13. 11.8 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 11.9 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 11.10 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: Assistant County Attorney /Date KS -12 -286 County Board Res. No. 12 -_ qb DAKOTA COUNTY Mr Lynn Thompson, Director Physical Development Division Date of Signature: CITY OF By By , Mayor Date of Signature: Date of Signature: City Clerk Agenda Information Memo November 7, 2012, Eagan City Council Meeting N. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL'S LIVE AND SILENT AUCTION ON FEBRUARY 9 2013. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Live and Silent Auction on February 9, 2013. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for a Live and Silent Auction event planned for February 9, 2013. The event will be held inside on the school grounds, located at 3355 Columbia Drive. ➢ Faithful Shepherd Catholic School has requested the City Council waive the $150.00 license fee. ➢ The application form and fee have been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): A letter from Faithful Shepherd Catholic School is attached on page rl I RM FAfrHFUL SHEPHERD TF117cre er7r. { .c:erdicrral ra:mllenm and God'fj g'Iv are etfiw elze ?, f t t 3,355 Columbia Drive- Eagan, Mbriusotn 55121 ~- Phone %51,406 4747 1ArW"%f5c511M0r9 October 11, 2012 Dear City Council Members, I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on February 9, 2013. We are holding our thirteenth annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. • The designated property of the event will be limited to the school grounds, which includes the school building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. • No person under the age of 21 will be sold or served alcoholic beverages • No person will sell or give alcohol beverages to an obviously intoxicated person. • All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided from the City of Eagan.) • The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. • No person selling alcohol shall be intoxicated during his or her work shift. • Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is prohibited. • Licensee will provide volunteer private security to monitor the licensed area. • Licensee will follow the designated hours listed in the City of Eagan procedures. • Licensee will designate an on -site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The onsite manager will complete training in alcohol beverage service and will train servers and security personnel in the same. If you have any questions, I can be reached at 651- 406 -4747. Thank you for your consideration. (r �� - - John Boone Executive Director '99 Agenda Information Memo November 7, 2012, Eagan City Council Meeting O. FINAL SUBDIVISION — EAGAN CAR CLUB ACTIONS TO BE CONSIDERED: To approve a Final Subdivision creating seven (7) lots and two (2) outlots on approximately six acres located on the west side of Highway 3, immediately north of 4135 Highway 3, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The approximately 6 acre site is undeveloped and platted as a single lot; public access is provided from Highway 3. ➢ The Final Planned Development for the 76 storage units (garages) and two bays dedicated for a club house and possibly accessory products and /or service for the storage users was approved in September of this year. ➢ The applicant is proposing to subdivide the property into multiple parcels; each garage building will be on a single lot and two outlots will be held as common area. Ultimately, the developer plans to set up each separate garage space as an individually -owned condominium unit. ISSUES: None ATTACHMENTS: (2) Location Map, page q'9 Final Plat, page 11 Location Map Project Name: Eagan Car Club Request: Preliminary Subdivision Case No.: 24- PS- 03 -07 -12 City of Cap I1� I I ' I Feet 0 500 1,000 2,000 Legend Parcels Buildings Parks 4i ®1 / #,M' City Boundary N m C'14 cxa LJ.9 e • " LC-) \ \ i It ooro„ . LC,n.00N i e�} 'S����. ' �' s3 � t, I � � "•� ii I nS � 8 ^� 9 o • 0 01 , .i yyyy111 ��yMU N � I I N F I u� 00,9 rl cu 9.L9J400L I�'1 Z n � I / N00•11' j I 1 — p�/ 1� V 777 � 9r • i 3 � � <° i a a p v� � 3 $ rLFl�� • E E j .q � F — �a Am 9 m C'14 cxa LJ.9 e • " LC-) Agenda Information Memo November 7, 2012, Eagan City Council Meeting P. APPROVE EXEMPT PERMIT FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL TO HOLD A RAFFLE ON FEBRUARY 9, 2013 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on February 9, 2013 at 3355 Columbia Drive. FACTS: ➢ Faithful Shepherd Catholic School has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page (The application is available from the Office of the City Cleric.) Nil RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHERAS, Faithful Shepherd Catholic School has applied for an Exempt Permit to conduct a raffle on February 9, 2013; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on February 9, 2013 at 3355 Columbia Drive in Eagan. Motion by: Seconded by: Those in favor: Those against: Date: November 7, 2012 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of November, 2012. City Clerk M Agenda Information Memo November 7, 2012, Eagan City Council Meeting Q. APPROVE OFF -SALE LIQUOR LICENSE FOR THE HERMAN GROUP, INC DBA DIFFLEY SQUARE LIQUORS, 4130 BLACKHAWK ROAD 9102 ACTION TO BE CONSIDERED: To approve the Off -Sale Liquor License for The Herman Group, Inc. doing business as Diffley Square Liquors, located at 4130 Blackhawk Road #102. FACTS: Justin Herman, sole officer of The Herman Group, Inc. has applied for an Off -Sale Liquor License. ➢ The Herman Group, Inc. is purchasing the existing Diffley Square Liquors, which 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 November 7, 2012 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 1075, GREAT OAKS LANE / GREAT OAKS CIRCLE STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1075 (Great Oaks Lane / Great Oaks Circle — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1075 provided for the street overlay improvements on Great Oaks Lane and Great Oaks Circle, residential streets in east - central Eagan. • The Final Assessment Roll was presented to the City Council on October 2, 2012, with a public hearing scheduled for November 7, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 19% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 12 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages Fj`J through bo� . %4 PROJECT Number: 1075 FINAL ASSESSMENT REPORT PUBLIC HEARING DATES Assessment: November 7, 2012 Great Oaks Lane/ Great Name: Oaks Circle Project Approval: February 21, 2012 Final Feasibility Rate Report Units STREET Surf. /Signs Single Family Res $ 1,380.94 $ 1,700.00 Lot Eq Contract Number of Interest Amount Number Parcels Terms Rate Assessed 12 -02 12 5 yrs 3.5% $ 16,571.28 $ 20,400.00 FR Variance City Actual to FR Financed $ (3,828.72) $ 25,318.64 -18.8% $ 30,300.00 FR Variance Actual to FR $ (4,981.36) -16.4% City of Evan Memo To: Mayor and City Council From: John Gorder, City Engineer Date: October 30, 2012 Subject: Final Assessment Roll, Project 1075 Great Oaks Lane /Great Oaks Circle At the public hearing on Feb 21, 2012, the City Council ordered Project 1075. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, signage replacement, and concrete curb & gutter repair for the Great Oaks Lane /Great Oaks Circle project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage improvements to the benefiting residential properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1075. PROJECT COST The total construction cost for this project is $30,017.79. This includes $29,861.48 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $156.31. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $11,872.13 were incurred, resulting in a total improvement and project cost of $41,889.92. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Mill & Overlay / Signage $ 23,749.41 $ 9,392.97 $ 33,142.38 $ 40,000.00 Conc Curb & Gutter Repair $ 6,268.38 $ 2,479.16 $ 8,747.54 $ 10,700.00 $ 30,017.79 $ 11,872.13 $ 41,889.92 $ 50,700.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: �� ITEM UNIT CITY PRICE MOBILIZATION LS 1.00 $ 2,500.00 MILL BITUMINOUS PAVEMENT (0" -11/4" DEPTH) SY 1,096.00 1.36 BITUMINOUS MATERIAL FOR TACK COAT GAL 100.00 2.45 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 245.11 56.20 TYPE SP 9.5 WEARING COURSE MIXTURE (3,13)(PATCH) TON 4.50 78.00 ADJUST GATE VALVE BOX EA 2.00 218.00 ADJUST FRAME & RING CASTING EA 6.00 218.00 TRAFFIC CONTROL LS 1.00 1,600.00 ADJUST FRAME & RING CASTING (RISER) EA 3.00 280.00 TRAFFIC SIGNAGE REPLACEMENT LS 1.00 156.31 MILL BITUMINOUS PAVEMENT (11/4" x FULL DEPTH) SY 727.33 1.44 Subtotal Other costs Total Cost of Assessable Item(s) COST $2,500.00 1,490.56 245.00 13,775.18 351.00 436.00 1,308.00 1,600.00 840.00 156.31 1,047.36 $23,749.41 $9,392.97 $33,142.38 Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Signage costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: $33,142.38 (Mill & Overlay/ Signage Cost) x 50% = $16,571.19 $16,571.19 = $1,380.94 /Lot 12 Lots ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay/ Signage $ 33,142.38 $ 16,571.28 $ 16,571.10 Conc Curb & Gutter Repair $ 8,747.54 $ - $ 8,747.54 $ 41,889.92 $ 16,571.28 $ 25,318.64 CITY FUND RESPONSIBILITY Major Street Fund: $25,318.64 ffi�s '11� Jo Gorder, P.E. Reviewed Public Works Department Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I Date US Final Assessment Roll City Project 1075 Great Oaks Lane /Great Oaks Circle Great Oaks Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3605 GREAT OAKS CIR 10- 75890 -01 -050 1 $ 1,380.94 $ 1,380.94 3615 GREAT OAKS CIR 10- 75890 -01 -040 1 $ 1,380.94 $ 1,380.94 3625 GREAT OAKS CIR 10- 75890 -01 -030 1 $ 1,380.94 $ 1,380.94 3635 GREAT OAKS CIR 10- 75890 -01 -020 1 $ 1,380.94 11 $ 1,380.94 3645 GREAT OAKS CIR 10- 75890 -01 -010 1 $ 1,380.941 $ 1,380.94 825 GREAT OAKS LN Subtotal 5 $ 1,380.94 1 $ 6,904.70 Great Oaks Lane R -1 Residential P.I.N, Lot Equivalent Unit Assessment Total 800 GREAT OAKS LN 10- 75890 -02 -010 1 $ 1,380.94 $ 1,380.94 805 GREAT OAKS LN 10- 75890 -02 -070 1 $ 1,380.94 $ 1,380.94 810 GREAT OAKS LN 10- 75890 -02 -020 1 $ 1,380.94 $ 1,380.94 815 GREAT OAKS LN 10- 75890 -02 -060 1 $ 1,380.94 $ 1,380.94 820 GREAT OAKS LN 10- 75890 -02 -030 1 $ 1,380.94 $ 1,380.94 825 GREAT OAKS LN 10- 75890 -02 -050 1 $ 1,380.94 $ 1,380.94 830 GREAT OAKS LN 10- 75890 -02 -040 1 $ 1,380.94 $ 1,380.94 Subtotal 7 i $ 9,666.58 TOTAL ASSESSMENTS 1 $ 16,571.28 l lo. Jbm. AML Great Oaks Lane / Great Oaks Cir. Street Revitalization - Project 1075 Cifs Of Ewfi Final Assessments 3q, Agenda Information Memo November 7, 2012 Eagan City Council Meeting PUBLIC HEARINGS B. PROJECT 1069, CLIFF RIDGE STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1069 (Cliff Ridge — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1069 provided for the street overlay improvements on Cliff Ridge Court, a residential street in south- central Eagan. • The Final Assessment Roll was presented to the City Council on October 2, 2012, with a public hearing scheduled for November 7, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 29% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 22 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages N through Kul FINAL ASSESSMENT REPORT PROJECT PUBLIC HEARING DATES Number: 1069 Assessment: November 7, 2012 Name: Cliff Ridge STREET Surf. /Signs - Low Dens Res Final Rate $989.62 Project Approval: Contract Number of Interest Amount Number Parcels Terms Rate Assessed 12 -02 22 5 yrs 3.5% $ 21 771.64 $ 30,800.00 FR °C1 Feasibility Report February 21, 2012 Units $1,400.00 Lot Eq Variance City Variance Actual to FR Financed Actual to FR $ (9,028.36) $ 35,999.27 $ (11,200.73) -29.3% $ 47,200.00 FR -23.7% From: John Gorder, City Engineer Date: October 30, 2012 Subject: Final Assessment Roll, Project 1069 Cliff Ridge At the public hearing on Feb 21, 2012, the City Council ordered Project 1069. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, signage replacement, and concrete curb & gutter repair for the Cliff Ridge project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage improvements to the benefiting residential properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1069. PROJECT COST The total construction cost for this project is $44,112.74. This includes $43,878.14 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $234.60. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $13,658.17 were incurred, resulting in a total improvement and project cost of $57,770.91. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Mill & Overlay/ Signage Conc. Curb & Gutter Repair ASSESSMENTS Trunk Assessments CONSTRUCTION OTHER COST COSTS IMPROVEMENT FEASIBILITY COST REPORT $ 33,248.85 $ 10,294.50 $ 43,543.35 $ 10,863.89 $ 3,363.67 $ 14,227.56 $ 44,112.74 $ 13,658.17 $ 57,770.91 $ 61,600.00 $ 16,400.00 $ 78,000.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM MOBILIZATION MILL BITUMINOUS PAVEMENT (0" -11/4" DEPTH) BITUMINOUS MATERIAL FOR TACK COAT UNIT CITY PRICE COST LS 1.00 $2,500.00 $2,500.00 Sy 1,733.33 1.36 2,357.33 GAL 150.00 2.45 367.50 MEN ITEM (continued) TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TYPE SP 9.5 WEARING COURSE MIXTURE (3,B)(PATCH) ADJUST GATE VALVE BOX REPAIR GATE VALVE TOP SECTION W/ COVER ADJUST FRAME & RING CASTING TRAFFIC CONTROL ADJUST FRAME & RING CASTING (RISER) REPAIR GATE VALVE MID SECTION TRAFFIC SIGNAGE REPLACEMENT Subtotal Other costs Total Cost of Assessable Item(s) UNIT CITY PRICE TON 393.41 56.20 TON 8.51 78.00 EA 1.00 218.00 EA 3.00 214.00 EA 7.00 218.00 LS 1.00 1,600.00 EA 1.00 280.00 EA 2.00 375.00 LS 1.00 234.60 COST 22,109.64 663.78 218.00 642.00 1,526.00 1,600.00 280.00 750.00 234.60 $33,248.85 $10,294.50 $43,543.35 Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Signage costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: $43,543.35 (Mill & Overlay/ Signage Cost) x 50% = $21,771.64 $21,771.64 = $989.62 /Lot 22 Lots ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay/ Signage $ 43,543.35 $ 21,771.64 $ 21,771.71 Conc. Curb & Gutter Repair $ 14,227.56 $ - $ 14,227.56 $ 57,770.91 $ 21,771.64 $ 35,999.27 CITY FUND RESPONSIBILITY Major Street Fund: $35,999.27 Joh - Gorder, P.E. Reviewed t� Pudic Works Department /I -1- (-I Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I Date Final Assessment Roll City Project 1069 - Cliff Ridge Cliff Ridge Court R -1- Residential P.I.N. Lot Equivalent Unit Assessment Total 4552 Cliff Ridge Court 10- 17800 -02 -080 1 $ 989.62 $ 989.62 4556 Cliff Ridge Court 10- 17800 -02 -070 1 $ 989.62 $ 989.62 4560 Cliff Ridge Court 10- 17800 -02 -060 1 $ 989.62 $ 989.62 4564 Cliff Ridge Court 10- 17800 -02 -050 1 $ 989.62 $ 989.62 4568 Cliff Ridge Court 10- 17800 -02 -040 1 $ 989.62 $ 989.62 4572 Cliff Ridge Court 10- 17800 -02 -030 1 $ 989.62 $ 989.62 4576 Cliff Ridge Court 10- 17800 -02 -020 1 $ 989.62 $ 989.62 4557 Cliff Ridge Court 10- 17800 -02 -090 1 $ 989.62 $ 989.62 4561 Cliff Ridge Court 10- 17800 -02 -100 1 $ 989.62 $ 989.62 4565 Cliff Ridge Court 10- 17800 -02 -110 1 $ 989.62 $ 989.62 4569 Cliff Ridge Court 10- 17800 -02 -120 1 $ 989.62 $ 989.62 4573 Cliff Ridge Court 10- 17800 -02 -130 1 $ 989.62 $ 989.62 4577 Cliff Ridge Court 10- 17800 -02 -140 1 $ 989.62 $ 989.62 4585 Cliff Ridge Court 10- 17800 -01 -060 1 $ 989.62 $ 989.62 4589 Cliff Ridge Court 10- 17800 -01 -050 1 $ 989.62 $ 989.62 4593 Cliff Ridge Court 10- 17800 -01 -040 1 $ 989.62 $ 989.62 4561 Cliff Ridge Court 10- 17800 -01 -010 1 $ 989.62 $ 989.62 4592 Cliff Ridge Court 10- 17800 -01 -030 1 $ 989.62 $ 989.62 4588 Cliff Ridge Court 10- 17800 -01 -020 1 $ 989.62 $ 989.62 Subtotal 19 1 $ 18,802.78 Oak Chase Way R -1 - Residential P.I.N. Lot Equivalent Unit Assessment Total 4572 Oak Chase Way 10- 17800 -02 -150 1 $ 989.62 $ 989.62 4577 Oak Chase Way 10- 17800 -01 -070 1 $ 989.62 $ 989.62 4580 Oak Chase Way 10- 17800 -02 -010 1 $ 989.62 $ 989.62 Subtotal 3 1 $ 2,968.86 22 Single - Family Lots TOTAL ASSESSMENT $ 21,771.64 q'{ � \ƒ ^ � / r a ol � #I j� � . � .tea ■� \k�j Agenda Information Memo November 7, 2012 Eagan City Council Meeting PUBLIC HEARINGS C. PROJECT 1064, HILLS OF STONEBRIDGE 2nd & 3rd STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1064 (Hills of Stonebridge 2 nd & 7 — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1064 provided for the street overlay improvements within the Hills of Stonebridge 2" / 3rd Additions, residential streets in southeast Eagan. • The Final Assessment Roll was presented to the City Council on October 2, 2012, with a public hearing scheduled for November 7, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 26% less than the estimate contained in the feasibility report presented at the public hearing held on February 8, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 125 parcels (all Single - Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages 'T1 through V . W FINAL ASSESSMENT REPORT PROJECT Number: 1064 Hills Of Stonebridge 2nd Name: and 3rd STREET Surf. /Signs Single Family Res Contract Number Number of Parcels 12 -02 125 Terms 5 yrs PUBLIC HEARING DATES Assessment: November 7, 2012 Project Approval: February 8, 2012 Final Feasibility Rate Report Units $863.24 $ 1,175.00 Lot Eq Interest Amount Rate Assessed 3.5% $ 107,905.00 $ 146,700.00 FR 0 Variance City Actual to FR Financed $ (38,795.00) $ 196,100.58 -26.4% $ 230,400.00 FR Variance Actual to FR $ (34,299.42) -14.9% Ahhk- City of Eagan Memo To: Mayor and City Council From: John Gorder, City Engineer Date: October 30, 2012 Subject: Final Assessment Roll, Project 1064 Hills Of Stonebridge 2nd and 3rd At the public hearing on Feb 08, 2012, the City Council ordered Project 1064. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb &gutter repair for the Hills Of Stonebridge 2nd and 3rd project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage improvements to the benefiting residential properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1064. PROJECT COST The total construction cost for this project is $253,453.91. This includes $250,978.21 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,475.70. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $50,551.67 were incurred, resulting in a total improvement and project cost of $304,005.58. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION IMPROVEMENT COST Mill & Overlay/ Signage Conc Curb & Gutter Repair ASSESSMENTS Trunk Assessments OTHER IMPROVEMENT COSTS COST $179,924.14 $35,886.07 $215,810.21 $73,529.77 $14,665.60 $88,195.37 $253,453.91 $50,551.67 $304,005.58 FEASIBILITY REPORT $293,400.00 $83,700.00 $377,100.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM MOBILIZATION MILL BITUMINOUS PAVEMENT (0" -11/4" DEPTH) BITUMINOUS MATERIAL FOR TACK COAT UNIT CITY PRICE COST LS 1.00 $2,500.00 $2,500.00 SY 10,626.00 1.36 14,451.36 GAL 1,400.00 2.45 3,430.00 s ITEM (continued) UNIT CITY PRICE COST TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 2,321.88 56.20 130,489.66 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B)(PATCH) TON 62.89 78.00 4,905.42 ADJUST GATE VALVE BOX EA 11.00 218.00 2,398.00 REPAIR GATE VALVE TOP SECTION W/ COVER EA 12.00 214.00 2,568.00 ADJUST FRAME & RING CASTING EA 47.00 218.00 10,246.00 TRAFFIC CONTROL LS 1.00 1,600.00 1,600.00 ADJUST FRAME & RING CASTING (RISER) EA 12.00 280.00 3,360.00 REPAIR GATE VALVE MID SECTION EA 4.00 375.00 1,500.00 TRAFFIC SIGNAGE REPLACEMENT LS 1.00 2,475.70 2,475.70 Subtotal $179,924.14 Other costs $35,886.07 Total Cost of Assessable Item(s) $215,810.21 Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Signage costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: $215,810.21 (Mill & Overlay/ Signage Cost) x50% = $107,905.11 $107,905.11 = $863.24 /Lot 125 Lots ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the.unpaid balance. CITY REVENUES (RESPONSIBI IMPROVEMENT Mill & Overlay/ Signage Conc Curb & Gutter Repair CITY FUND RESPONSIBILITY Major Street Fund: $196,100.58 Jo )XGorder, P.E. Reviewed r� Public Works Department H-1- 1'Z Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I IMPROVEMENT ASSESSMENT CITY COST REVENUE RESPONSIBILITY $215,810.21 $107,905.00 $107,905.21 $88,195.37 $0.00 $88,195.37 $304,005.58 $107,905.00 $196,100.58 Date 1 � �� was;` - ` y, �_ _ 1 • � 1 - V i � r 3 Aff � IMT ! ax VA yl EPA'H ) �''`3O.f ;� � � _ s'� `-�_ fx�f � z��a �a Fes-) _ °�� I - �'�S� • 'ia3,j s9 k': iG•S EN LA IWM Y'�YF _� -- 16�9"�•a'�"- �� �, ! i.,�.• 1 \fin._ r . ' _® NJ bv Piz' �� t �A I F3 f'.y°`�` tf"t �-+k �r r,{= # '`�'+ ";P- nt.s•' 6iaj4.r��,a -^ti... +�a� a 5 . • � � "� > 1 � Ow VW Igg AX qua Ls -s � � 1 I r � �.�.�3?�'��� - "':�: �?�!� �� �i ti l+ f - ��AE +'�ji; V _•�� fa �wy' r f+ 1 ¢fig s - t•{ a'� �:'�!� YJ _'gyp, o'- �'_11 �° st iS $:� f F 'L'- "`"''_ PI 4 slnm x m%g 1 ru r sW � f�{'f 1�T �� t��CtfC F , F 0 - a'f.- EZ -IF IffismWE Dc t4-a - __ @ • �: -ij �}��': x _�,.��4. � :�IrG.J�� � �/ �`''., --kA ;::s um Final Assessment Roll City Project 1064 - Hills of Stonebridge 2nd & 3rd Tilbury Way R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4051 Tilbury Way 10- 32991- 040 -10 1 $863.24 $863.24 4056 Tilbury Way 10- 32991 - 012 -80 1 $863.24 $863.24 4064 States Avenue Subtotals 2 1 $863.24 $1,726.48 States Avenue R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4060 States Avenue 10- 32992- 041 -30 1 $863.24 $863.24 4063 States Avenue 10- 32992 - 031 -30 1 $863.24 $863.24 4064 States Avenue 10- 32992 - 041 -40 1 1 $863.24 $863.24 4086 Foxmoore Court Subtotals 3 1 $2,589.72 Foxmoore Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4098 Foxmoore Court 10- 32991 - 010 -20 1 $863.24 $863.24 4094 Foxmoore Court 10- 32991 - 010 -30 1 $863.24 $863.24 4090 Foxmoore Court 10- 32991 - 010 -40 1 $863.24 $863.24 4086 Foxmoore Court 10- 32991 - 010 -50 1 $863.24 $863.24 4082 Foxmoore Court 10- 32991- 010 -60 1 $863.24 $863.24 4077 Foxmoore Court 10- 32991 - 010 -70 1 $863.24 $863.24 4081 Foxmoore Court 10- 32991 - 010 -80 1 $863.24 $863.24 4085 Foxmoore Court 10- 32991 - 010 -90 1 $863.24 $863.24 4089 Foxmoore Court 10- 32991- 011 -00 1 $863.24 $863.24 4093 Foxmoore Court 10- 32991 - 011 -10 1 $863.24 $863.24 Subtotals 10 $8,632.40 Albany Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4043 Albany Circle 10- 32992 - 030 -70 1 $863.24 $863.24 4047 Albany Circle 10- 32992- 030 -80 1 $863.24 $863.24 4051 Albany Circle 10- 32992- 030 -90 1 $863.24 $863.24 4046 Albany Circle 10- 32992- 030 -60 1 $863.24 $863.24 4050 Albany Circle 10- 32992- 030 -50 1 $863.24 $863.24 Subtotals 5 $4,316.20 6Oa Camberwell Drive North R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4016 Camberwell Drive 10- 32992- 031 -20 1 $863.24 $863.24 4017 Camberwell Drive N. 10- 32992 - 022 -20 1 $863.24 $863.24 4020 Camberwell Drive N. 10- 32992 - 031 -10 1 $863.24 $863.24 4021 Camberwell Drive N. 10- 32992- 022 -30 1 $863.24 $863.24 4024 Camberwell Drive N. 10- 32992 - 031 -00 1 $863.24 $863.24 4027 Camberwell Drive N. 10- 32992 - 022 -40 1 $863.24 $863.24 4035 Camberwell Drive N. 10- 32992 - 022 -50 1 $863.24 $863.24 4040 Camberwell Drive N. 10- 32992 - 030 -40 1 $863.24 $863.24 4044 Camberwell Drive N. 10- 32992 - 030 -30 1 $863.24 $863.24 4047 Camberwell Drive N. 10- 32992 - 022 -60 1 $863.24 $863.24 4048 Camberwell Drive N. 10- 32992 - 030 -20 1 $863.24 $863.24 4051 Camberwell Drive N. 10- 32992 - 022 -70 1 $863.24 $863.24 4052 Camberwell Drive N. 10- 32992 - 030 -10 1 $863.24 $863.24 4055 Camberwell Drive N. 10- 32992 - 022 -80 1 $863.24 $863.24 4056 Camberwell Drive N. 10- 32991 - 040 -20 1 $863.24 $863.24 4059 Camberwell Drive N. 10- 32991 - 031 -60 1 $863.24 $863.24 4063 Camberwell Drive N. 10- 32991 - 031 -50 1 $863.24 $863.24 4064 Camberwell Drive N. 10- 32991 - 012 -70 1 $863.24 $863.24 4067 Camberwell Drive N. 10- 32991 - 031 -40 1 $863.24 $863.24 4068 Camberwell Drive N. 10- 32991- 012 -60 1 $863.24 $863.24 4071 Camberwell Drive N. 10- 32991- 031 -30 1 $863.24 $863.24 4072 Camberwell Drive N. 10- 32991- 012 -50 1 $863.24 $863.24 4075 Camberwell Drive N. 10- 32991- 031 -20 1 $863.24 $863.24 4076 Camberwell Drive N. 10- 32991 - 012 -40 1 $863.24 $863.24 4079 Camberwell Drive N. 10- 32991 - 031 -10 1 $863.24 $863.24 4080 Camberwell Drive N. 10- 32991- 012 -30 1 $863.24 $863.24 4083 Camberwell Drive N. 10- 32991 - 031 -00 1 $863.24 $863.24 4091 Camberwell Drive N. 10- 32991 - 030 -30 1 $863.24 $863.24 4092 Camberwell Drive N. 10- 32991 - 011 -50 1 $863.24 $863.24 4095 Camberwell Drive N. 10- 32991 - 030 -20 1 $863.24 $863.24 4096 Camberwell Drive N. 10- 32991 - 011 -40 1 $863.24 $863.24 4099 Camberwell Drive N. 10- 32991 - 030 -10 1 $863.24 $863.24 4100 Camberwell Drive N. 10- 32991 - 011 -30 1 $863.24 $863.24 Subtotals 33 $28,486.92 Oxford Road R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 680 Oxford Road 10- 32992- 050 -10 1 $863.24 $863.24 684 Oxford Road 10- 32992- 050 -20 1 $863.24 $863.24 688 Oxford Road 10- 32992 - 050 -30 1 $863.24 $863.24 692 Oxford Road 10- 32992 - 050 -40 1 $863.24 $863.24 696 Oxford Road 10- 32992 - 050 -50 1 $863.24 $863.24 700 Oxford Road 10- 32992- 050 -60 1 $863.24 $863.24 704 Oxford Road 10- 32992 - 050 -70 1 $863.24 $863.24 693 Oxford Road 10- 32992 - 010 -50 1 $863.24 $863.24 697 Oxford Road 10- 32992 - 010 -40 1 $863.24 $863.24 701 Oxford Road 10- 32992- 010 -30 1 $863.24 $863.24 705 Oxford Road 10- 32992 - 010 -20 1 $863.24 $863.24 $863.24 Subtotals 11 1 $9,495.64 Camberwell Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 691 Camberwell Drive 10- 32991- 010 -10 1 $863.24 $863.24 703 Camberwell Drive 10- 32991- 011 -20 1 $863.24 $863.24 690 Camberwell Drive 10- 32991 - 020 -10 1 $863.24 $863.24 694 Camberwell Drive 10- 32991 - 020 -20 1 $863.24 $863.24 698 Camberwell Drive 10- 32991 - 020 -30 1 $863.24 $863.24 702 Camberwell Drive 10- 32991 - 020 -40 1 $863.24 $863.24 706 Camberwell Drive 10- 32991- 020 -50 1 $863.24 $863.24 710 Camberwell Drive 10- 32992 - 010 -10 1 $863.24 $863.24 726 Camberwell Drive 10- 32992 - 050 -80 1 $863.24 $863.24 730 Camberwell Drive 10- 32992- 050 -90 1 $863.24 $863.24 734 Camberwell Drive 10- 32992 - 051 -00 1 $863.24 $863.24 738 Camberwell Drive 10- 32992- 051 -10 1 $863.24 $863.24 742 Camberwell Drive 10- 32992 - 051 -20 1 $863.24 $863.24 746 Camberwell Drive 10- 32992- 051 -30 1 $863.24 $863.24 750 Camberwell Drive 10- 32992 - 051 -40 1 $863.24 $863.24 719 Camberwell Drive 10- 32992 - 020 -10 1 $863.24 $863.24 723 Camberwell Drive 10- 32992 - 020 -20 1 $863.24 $863.24 727 Camberwell Drive 10- 32992- 020 -30 1 $863.24 $863.24 731 Camberwell Drive 10- 32992 - 020 -40 1 $863.24 $863.24 735 Camberwell Drive 10- 32992 - 020 -50 1 $863.24 $863.24 739 Camberwell Drive 10- 32992 - 020 -60 1 $863.24 $863.24 759 Camberwell Drive 10- 32992 - 021 -30 1 $863.24 $863.24 763 Camberwell Drive 10- 32992- 021 -40 1 $863.24 $863.24 767 Camberwell Drive 10- 32992 - 021 -50 1 $863.24 $863.24 775 Camberwell Drive 10- 32992- 021 -60 1 $863.24 $863.24 783 Camberwell Drive 10- 32992 - 021 -70 1 $863.24 $863.24 787 Camberwell Drive 10- 32992 - 021 -80 1 $863.24 $863.24 791 Camberwell Drive 10- 32992 - 021 -90 1 $863.24 $863.24 795 Camberwell Drive 10- 32992. 022 -00 1 $863.24 $863.24 4013 Camberwell Drive 10- 32992- 022 -10 1 $863.24 $863.24 758 Camberwell Drive 10- 32992 - 040 -10 1 $863.24 $863.24 762 Camberwell Drive 10- 32992 - 040 -20 1 $863.24 $863.24 766 Camberwell Drive 10- 32992- 040 -30 1 $863.24 $863.24 778 Camberwell Drive 10- 32992 - 041 -00 1 $863.24 $863.24 782 Camberwell Drive 10- 32992 - 041 -10 1 $863.24 $863.24 786 Camberwell Drive 10- 32992 - 041 -20 1 $863.24 $863.24 Subtotals 36 $31,076.64 �0 i Baffin Bay South R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4098 Baffin Bay S. 10- 32991 - 030 -40 1 $863.24 $863.24 4102 Baffin Bay S. 10- 32991 - 030 -50 1 $863.24 $863.24 4106 Baffin Bay S. 10- 32991 - 030 -60 1 $863.24 $863.24 4110 Baffin Bay S. 10- 32991 - 030 -70 1 $863.24 $863.24 4101 Baffin Bay S. 10- 32991- 030 -80 1 $863.24 $863.24 4097 Baffin Bay S. 10- 32991 - 030 -90 1 $863.24 $863.24 4081 Baffin Bay N. Subtotals 6 $863.24 $5,179.44 Baffin Bay North R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4086 Baffin Bay N. 10- 32991 - 011 -60 1 $863.24 $863.24 4082 Baffin Bay N. 10- 32991 - 011 -70 1 $863.24 $863.24 4078 Baffin Bay N. 10- 32991 - 011 -80 1 $863.24 $863.24 4074 Baffin Bay N. 10- 32991 - 011 -90 1 $863.24 $863.24 4073 Baffin Bay N. 10- 32991 - 012 -00 1 $863.24 $863.24 4077 Baffin Bay N. 10- 32991- 012 -10 1 $863.24 $863.24 4081 Baffin Bay N. 10- 32991 - 012 -20 1 $863.24 $863.24 Subtotals 7 $6,042.68 Barrow Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4150 Barrow Court 10- 32992 - 020 -70 1 $863.24 $863.24 4146 Barrow Court 10- 32992 - 020 -80 1 $863.24 $863.24 4142 Barrow Court 10- 32992 - 020 -90 1 $863.24 $863.24 4138 Barrow Court 10- 32992 - 021 -00 1 $863.24 $863.24 4143 Barrow Court 10- 32992 - 021 -10 1 $863.24 $863.24 4147 Barrow Court 10- 32992 - 021 -20 1 $863.24 $863.24 Subtotals 6 $5,179.44 Kingston Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4156 Kingston Court 10- 32992 - 040 -40 1 $863.24 $863.24 4160 Kingston Court 10- 32992 - 040 -50 1 $863.24 $863.24 4164 Kingston Court 10- 32992- 040 -60 1 $863.24 $863.24 4165 Kingston Court 10- 32992 - 040 -70 1 $863.24 $863.24 4161 Kingston Court 10- 32992 - 040 -80 1 $863.24 $863.24 4157 Kingston Court 10- 32992 - 040.90 1 $863.24 $863.24 Subtotals 6 $5,179.44 125 Single - Family Lots TOTAL ASSESSMENT $ 107,905.00 Agenda Information Memo November 7, 2012 Eagan City Council Meeting PUBLIC HEARINGS D. PROJECT 1066, COVENTRY PASS 1sT -2 ND/ COUNTRY HOLLOW STREET IMPROVEMENTS - FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1066 (Coventry Pass 1St — 2 "a/ Country Hollow — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1066 provided for the street overlay improvements within the Coventry Pass 1St — 2"d and Country Hollow Additions, residential streets in east - central Eagan. • The Final Assessment Roll was presented to the City Council on October 2, 2012, with a public hearing scheduled for November 7, 2012, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 15% less than the estimate contained in the feasibility report presented at the public hearing held on February 21, 2012. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 355 parcels (Single- Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages 10 through 1A �ob FINAL ASSESSMENT REPORT PROJECT Number: 1066 Country Hollow - Name: Coventry Pass 1st/ 2nd PUBLIC HEARING DATES Assessment: November 7, 2012 Project Approval: February 21, 2012 Final Feasibility Rate Report Units STREET Surf. /Signs Single Family Res $763.78 $900.00 Lot Eq STREET Surf. /Signs - NH Park $4.68 $5.50 F. F. Contract Number of Number Parcels Terms 12 -02 356 5/10 yrs Interest Amount Rate Assessed 3.5% $ 273,873.43 $ 322,700.00 FR �Qrl Variance City Variance Actual to FR Financed Actual to FR $ (48,826.57) $ 488,466.49 $ 25,566.49 -15.0% $ 462,900.00 FR 5.5% From: John Gorder, City Engineer Date: October 30, 2012 Subject: Final Assessment Roll, Project 1066 Country Hollow- Coventry Pass 1st / 2nd Memo At the public hearing on Feb 21, 2012, the City Council ordered Project 1066. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, signage replacement and concrete curb & gutter repair for the Country Hollow- Coventry Pass 1st/ 2nd project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving/ signage improvements to the benefiting residential properties. The improvements were completed under Contract 12 -02. The following information was used in the preparation of the assessment roll for Project 1066. PROJECT COST The total construction cost for this project is $647,941.94. This includes $641,644.34 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $6,297.60. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $114,397.98 were incurred, resulting in a total improvement and project cost of $762,339.92. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Mill & Overlay/ Signage Conc Curb & Gutter Repair ASSESSMENTS Trunk Assessments CONSTRUCTION COST $465,570.86 $182,371.08 $647,941.94 OTHER IMPROVEMENT FEASIBILITY COSTS COST REPORT $82,199.29 $547,770.15 $32,198.69 $214,569.77 $114,397.98 $762,339.92 $640,400.00 $145,200.00 $785,600.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: k c)'E� ITEM UNIT CITY PRICE COST MOBILIZATION LS 1.00 $2,500.00 $2,500.00 MILL BITUMINOUS PAVEMENT (0" -11/4" DEPTH) SY 22,503.00 1.36 30,604.08 BITUMINOUS MATERIAL FOR TACK COAT GAL 5,450.00 2.45 13,352.50 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) TON 6,113.58 56.20 343,583.20 TYPE SP 9.5 WEARING COURSE MIXTURE (3,B)(PATCH) TON 223.66 78.00 17,445.48 ADJUST GATE VALVE BOX EA 32.00 218.00 6,976.00 REPAIR GATE VALVE TOP SECTION W/ COVER EA 13.00 214.00 2,782.00 ADJUST FRAME & RING CASTING EA 47.00 218.00 10,246.00 TRAFFIC CONTROL LS 1.00 1,600.00 1,600.00 ADJUST FRAME & RING CASTING (RISER) EA 90.00 280.00 25,200.00 REPAIR GATE VALVE MID SECTION EA 5.00 375.00 1,875.00 REMOVE & REPLACE FRAME & RING CASTING (27 ") EA 1.00 534.00 534.00 TRAFFIC SIGNAGE REPLACEMENT LS 1.00 6,297.60 6,297.60 REMOVE BITUMINOUS PAVEMENT SY 1,030.00 2.50 2,575.00 Subtotal $465,570.86 Other costs $82,199.29 Total Cost of Assessable Item(s) $547,770.15 Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Signage costs are assessable for Low - Density Residential (Single Family) properties. The improvement and assessment rate for the Low - Density Residential (Single Family) properties is computer as follows: Single - Family Residential = 38,625 F.F./ 39,210 (Total F.F.) = 99% $547,770.15 (Mill & Overlay/ Signage Costs) x 50% x 99% = $271,146.22 $271,146.22 $763.78/ Single - Family Lot 355 Single - Family Lots Neigborhood Park Improvements: The City's Assessment Policy states that 50% of the Mill & Overlay/ Signage costs are assessible for Neighborhood Park properties. The improvement and assessment rate for the Neighborhood Park properties is computed as follows: Neighborhood Park= 584 F.F. / 39,210 Total F.F. = 1% $547,770.15 (Mill & Overlay/ Signage Cost) x 50% x 1% = $2,738.85 $2,738.85 = $4.68 /Front Foot 584 Front Feet ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties, and 10 years for non - residential properties. The interest rate is 3.5% per annum on the unpaid balance. �r,) V CITY REVENUES (RESPONSIBIL IMPROVEMENT Mill. & Overlay/ Signage Conc Curb &Gutter Repair CITY FUND RESPONSIBILITY Major Street Fund: $488,466.49 Parks $2,733.12 John G rder, P.E. Reviewed L-- Public Works Department (- i — 1 -Z- Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I IMPROVEMENT ASSESSMENT COST REVENUE $547,770.15 $273,873.43 $214,569.77 $ - $ 762,339.92 $ 273,873.43 Ito CITY RESPONSIBILITY ,7L /S,25yb. /L J 400,vv0.•+7 Date Final Assessment Roll City Project 1066 - Country Hollow /Coventry Pass 1st & 2nd Additions Countryside Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4158 COUNTRYSIDE DR 10- 18276 -01 -040 1 $763.78 $763.78 4159 COUNTRYSIDE DR 10- 18276 -02 -070 1 $763.78 $763.78 4162 COUNTRYSIDE DR 10- 18276 -01 -030 1 $763.78 $763.78 4163 COUNTRYSIDE DR 10- 18276 -02 -060 1 $763.78 $763.78 4166 COUNTRYSIDE DR 10- 18276 - 01.020 1 $763.78 $763.78 4167 COUNTRYSIDE DR 10- 18276 -02 -050 1 $763.78 $763.78 4170 COUNTRYSIDE DR 10- 18276 -01 -010 1 $763.78 $763.78 4171 COUNTRYSIDE DR 10- 18275 -02 -010 1 $763.78 $763.78 4173 COUNTRYSIDE DR 10- 18275 -02 -020 1 $763.78 $763.78 4174 COUNTRYSIDE DR 10- 18275 -01 -070 1 $763.78 $763.78 4175 COUNTRYSIDE DR 10- 18275 -02 -030 1 $763.78 $763.78 4177 COUNTRYSIDE DR 10- 18275 -02 -040 1 $763.78 $763.78 4178 COUNTRYSIDE DR 10- 18275 -01 -060 1 $763'.78 $763.78 4179 COUNTRYSIDE DR 10- 18275 -02 -050 1 $763.78 $763.78 4181 COUNTRYSIDE DR 10- 18275 -02 -060 1 $763.78 $763.78 4182 COUNTRYSIDE DR 10- 18275 -01 -050 1 $763.78 $763.78 4185 COUNTRYSIDE DR 10- 18275 -02 -070 1 $763.78 $763.78 4186 COUNTRYSIDE DR 10- 18275 -01 -040 1 $763.78 $763.78 4189 COUNTRYSIDE DR 10- 18275 -02 -080 1 $763.78 $763.78 4190 COUNTRYSIDE DR 10- 18275 -01 -030 1 $763.78 $763.78 4193 COUNTRYSIDE DR 10- 18275 -02 -090 1 $763.78 $763.78 4194 COUNTRYSIDE DR 10- 18275 -01 -020 1 $763.78 $763.78 4198 COUNTRYSIDE DR 10- 18275 -01 -010 1 $763.78 $763.78 Subtotals 23 $17,566.94 Autumn Oaks Ct. R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 580 AUTUMN OAKS CT 10- 18275 -03 -010 1 $763.78 $763.78 584 AUTUMN OAKS CT 10- 18275 -03 -020 1 $763.78 $763.78 587 AUTUMN OAKS CT 10- 18275 -02 -100 1 $763.78 $763.78 588 AUTUMN OAKS CT 10- 18275 -03 -030 1 $763.78 $763.78 591 AUTUMN OAKS CT 10- 18275 -02 -110 1 $763.78 $763.78 592 AUTUMN OAKS CT 10- 18275 -03 -040 1 $763.78 $763.78 595 AUTUMN OAKS CT 10- 18275 -02 -120 1 $763.78 $763.78 596 AUTUMN OAKS CT 10- 18275 -03 -050 1 $763.78 $763.78 600 AUTUMN OAKS CT 10- 18275 -03 -060 1 $763.78 $763.78 604 AUTUMN OAKS CT 10- 18275 -03 -070 1 $763.78 $763.78 607 AUTUMN OAKS CT 10- 18275 -03 -160 1 $763.78 $763.78 608 AUTUMN OAKS CT 10- 18275 -03 -080 1 $763.78 $763.78 611 AUTUMN OAKS CT 10- 18275 -03 -150 1 $763.78 $763.78 612 AUTUMN OAKS CT 10- 18275 - 03.090 1 $763.78 $763.78 615 AUTUMN OAKS CT 10- 18275 -03 -140 1 $763.78 $763.78 616 AUTUMN OAKS CT 10- 18275 -03 -100 1 $763.78 $763.78 619 AUTUMN OAKS CT 10- 18275 -03 -130 1 $763.78 $763.78 620 AUTUMN OAKS CT 10- 18275 -03 -110 1 $763.78 $763.78 623 AUTUMN OAKS CT 10- 18275 -03 -120 1 $763.78 $763.78 Subtotals 19 $14,511.82 M Prairie Ridge Rd. R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4063 PRAIRIE RIDGE RD 10- 18401 -04 -110 1 $763.78 $763.78 4064 PRAIRIE RIDGE RD 10- 18401 -02 -080 1 $763.78 $763.78 4067 PRAIRIE RIDGE RD 10- 18401 -04 -100 1 $763.78 $763.78 4068 PRAIRIE RIDGE RD 10- 18401 -02 -070 1 $763.78 $763.78 4071 PRAIRIE RIDGE RD 10- 18401 -04 -090 1 $763.78 $763.78 4072 PRAIRIE RIDGE RD 10- 18401 -02 -060 1 $763.78 $763.78 4075 PRAIRIE RIDGE RD 10- 18401 -04 -080 1 $763.78 $763.78 4076 PRAIRIE RIDGE RD 10- 18401 -02 -050 1 $763.78 $763.78 4080 PRAIRIE RIDGE RD 10- 18401 -02 -040 1 $763.78 $763.78 4083 PRAIRIE RIDGE RD 10- 18401 -04 -070 1 $763.78 $763.78 4084 PRAIRIE RIDGE RD 10- 18401 -02 -030 1 $763.78 $763.78 4088 PRAIRIE RIDGE RD 10- 18401 -02 -020 1 $763.78 $763.78 4091 PRAIRIE RIDGE RD 10- 18401 -04 -060 1 $763.78 $763.78 4092 PRAIRIE RIDGE RD 10- 18401 -02 -010 1 $763.78 $763.78 4100 PRAIRIE RIDGE RD 10- 18401 -01 -010 1 $763.78 $763.78 4103 PRAIRIE RIDGE RD 10- 18401 -04 -050 1 $763.78 $763.78 4104 PRAIRIE RIDGE RD 10- 18401 -01 -020 1 $763.78 $763.78 4108 PRAIRIE RIDGE RD 10- 18401 -01 -030 1 $763.78 $763.78 4111 PRAIRIE RIDGE RD 10- 18401 -04 -040 1 $763.78 $763.78 4112 PRAIRIE RIDGE RD 10- 18401 -05 -010 1 $763.78 $763.78 4116 PRAIRIE RIDGE RD 10- 18401 -05 -020 1 $763.78 $763.78 4119 PRAIRIE RIDGE RD 10- 18401 -04 -030 1 $763.78 $763.78 4120 PRAIRIE RIDGE RD 10- 18401 -05 -030 1 $763.78 $763.78 4123 PRAIRIE RIDGE RD 10- 18401 - 04.020 1 $763.78 $763.78 4124 PRAIRIE RIDGE RD 10- 18401 -05 -040 1 $763.78 $763.78 4127 PRAIRIE RIDGE RD 10- 18401 -04 -010 1 $763.78 $763.78 4128 PRAIRIE RIDGE RD 10. 18275 -05 -070 1 $763.78 $763.78 4131 PRAIRIE RIDGE RD 10- 18275 -04 -010 1 $763.78 $763.78 4132 PRAIRIE RIDGE RD 10- 18275 -05 -060 1 $763.78 $763.78 4135 PRAIRIE RIDGE RD 10- 18275 -04 -020 1 $763.78 $763.78 4136 PRAIRIE RIDGE RD 10- 18275 -05 -050 1 $763.78 $763.78 4139 PRAIRIE RIDGE RD 10- 18275 -04 -030 1 $763.78 $763.78 4140 PRAIRIE RIDGE RD 10- 18275 -05 -040 1 $763.78 $763.78 4160 PRAIRIE RIDGE RD 10- 18275 -02 -180 1 $763.78 $763.78 4163 PRAIRIE RIDGE RD 10- 18275 -03 -220 1 $763.78 $763.78 4164 PRAIRIE RIDGE RD 10- 18275 -02 -170 1 $763.78 $763.78 4167 PRAIRIE RIDGE RD 10- 18275 -03 -210 1 $763.78 $763.78 4168 PRAIRIE RIDGE RD 10- 18275 -02 -160 1 $763.78 $763.78 4171 PRAIRIE RIDGE RD 10- 18275 -03 -200 1 $763.78 $763.78 4172 PRAIRIE RIDGE RD 10- 18275 -02 -150 1 $763.78 $763.78 4175 PRAIRIE RIDGE RD 10- 18275 -03 -190 1 $763.78 $763.78 4176 PRAIRIE RIDGE RD 10- 18275 -02 -140 1 $763.78 $763.78 4179 PRAIRIE RIDGE RD 10- 18275 -03 -180 1 $763.78 $763.78 4180 PRAIRIE RIDGE RD 10- 18275 -02 -130 1 $763.78 $763.78 4183 PRAIRIE RIDGE RD 10- 18275 -03 -170 1 $763.78 $763.78 Subtotals 45 $34,370.10 Prairie Circle East R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 566 PRAIRIE CIR E 10- 18276 -02 -030 1 $763.78 $763.78 567 PRAIRIE CIR E 10- 18276 -02 -020 1 $763.78 $763.78 �l� 570 PRAIRIE CIR E 10- 18276 -02 -040 1 $763.78 $763.78 571 PRAIRIE CIR E 10- 18276 -02 -010 1 $763.78 $763.78 574 PRAIRIE CIR E 10- 18275 -02 -220 1 $763.78 $763.78 575 PRAIRIE CIR E 10- 18275 -05 -010 1 $763.78 $763.78 578 PRAIRIE CIR E 10- 18275 -02 -210 1 $763.78 $763.78 579 PRAIRIE CIR E 10- 18275 -05 -020 1 $763.78 $763.78 582 PRAIRIE CIR E 10- 18275 -02 -200 1 $763.78 $763.78 583 PRAIRIE CIR E 10- 18275 -05 -030 1 $763.78 $763.78 586 PRAIRIE CIR E 10- 18275 -02 -190 1 $763.78 $763.78 $763.78 Subtotals 11 1 $8,401.58 Prairie Circle West R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 584 PRAIRIE CIR W 10- 18275 -04 -120 1 $763.78 $763.78 585 PRAIRIE CIR W 10- 18275 -04 -040 1 $763.78 $763.78 588 PRAIRIE CIR W 10- 18275 -04 -110 1 $763.78 $763.78 589 PRAIRIE CIR W 10- 18275 -04 -050 1 $763.78 $763.78 592 PRAIRIE CIR W 10- 18275 -04 -100 1 $763.78 $763.78 593 PRAIRIE CIR W 10- 18275 -04 -060 1 $763.78 $763.78 596 PRAIRIE CIR W 10- 18275 -04 -090 1 $763.78 $763.78 597 PRAIRIE CIR W 10- 18275 -04 -070 1 $763.78 $763.78 600 PRAIRIE CIR W 10- 18275 -04 -080 1 $763.78 $763.78 4154 LANTERN LN Subtotals 9 $763.78 $6,874.02 Lantern Lane R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4126 LANTERN LN 10- 18401 -04 -120 1 $763.78 $763.78 4127 LANTERN LN 10- 18401 -03 -040 1 $763.78 $763.78 4130 LANTERN LN 10- 18275 -04 -200 1 $763.78 $763.78 4134 LANTERN LN 10- 18275 -04 -190 1 $763.78 $763.78 4138 LANTERN LN 10- 18275 -04 -180 1 $763.78 $763.78 4142 LANTERN LN 10- 18275 -04 -170 1 $763.78 $763.78 4146 LANTERN LN 10- 18275 -04 -160 1 $763.78 $763.78 4150 LANTERN LN 10- 18275 -04 -150 1 $763.78 $763.78 4151 LANTERN LN 10- 18275 -03 -250 1 $763.78 $763.78 4154 LANTERN LN 10- 18275 -04 -140 1 $763.78 $763.78 4155 LANTERN LN 1018275 -03 -240 1 $763.78 $763.78 4159 LANTERN LN 10- 18275 -03 -230 1 $763.78 $763.78 4160 LANTERN LN 10- 18275 -04 -130 1 $763.78 $763.78 Subtotals 13 $9,929.14 Lantern Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 609 LANTERN CT 10- 18275 -03 -340 1 $763.78 $763.78 612 LANTERN CT 10- 18275 -03 -260 1 $763.78 $763.78 613 LANTERN CT 10- 18275 -03 -330 1 $763.78 $763.78 616 LANTERN CT 10- 18275 -03 -270 1 $763.78 $763.78 617 LANTERN CT 10- 18275 -03 -320 1 $763.78 $763.78 620 LANTERN CT 10- 18275 -03 -280 1 $763.78 $763.78 621 LANTERN CT 10- 18275 -03 -310 1 $763.78 $763.78 624 LANTERN CT 10- 18275 -03 -290 1 $763.78 $763.78 625 LANTERN CT 10- 18275 -03 -300 1 $763.78 $763.78 Gl3 Subtotals 1 9 1 1 $6,874.02 Wildflower Way R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 614 WILDFLOWER WAY 10- 18275 -03 -350 1 $763.78 $763.78 615 WILDFLOWER WAY 10- 18275 -03 -430 1 $763.78 $763.78 618 WILDFLOWER WAY 10- 18275 -03 -360 1 $763.78 $763.78 619 WILDFLOWER WAY 10- 18275- 034 -20 1 $763.78 $763.78 622 WILDFLOWER WAY 10- 18275 -03 -370 1 $763.78 $763.78 623 WILDFLOWER WAY 10- 18275 -03 -410 1 $763.78 $763.78 626 WILDFLOWER WAY 10- 18275 -03 -380 1 $763.78 $763.78 627 WILDFLOWER WAY 10- 18275 -03 -400 1 $763.78 $763.78 630 WILDFLOWER WAY 10- 18275 -03 -390 1 1 $763.78 $763.78 4121 COUNTRYVIEW DR Subtotals 1 9 $763.78 $6,874.02 Country View Drive R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4100 COUNTRYVIEW DR 10- 18403 -02 -350 1 $763.78 $763.78 4101 COUNTRYVIEW DR 10- 18403 -04 -030 1 $763.78 $763.78 4104 COUNTRYVIEW DR 10- 18403 -02 -360 1 $763.78 $763.78 4105 COUNTRYVIEW DR 10- 18403 -04 -040 1 $763.78 $763.78 4108 COUNTRYVIEW DR 10- 18403 -02 -370 1 $763.78 $763.78 4109 COUNTRYVIEW DR 10- 18403 -04 -050 1 $763.78 $763.78 4112 COUNTRYVIEW DR 10- 18403 -02 -380 1 $763.78 $763.78 4113 COUNTRYVIEW DR 10- 18403 -04 -060 1 $763.78 $763.78 4117 COUNTRYVIEW DR 10- 18403 -04 -070 1 $763.78 $763.78 4121 COUNTRYVIEW DR 10- 18403 -05 -010 1 $763.78 $763.78 4125 COUNTRYVIEW DR 10- 18403 -05 -020 1 $763.78 $763.78 4129 COUNTRYVIEW DR 10- 18403 -05 -030 1 $763.78 $763.78 4133 COUNTRYVIEW DR 10- 18403 -05 -040 1 $763.78 $763.78 4136 COUNTRYVIEW DR 10- 18276 -03 -100 1 $763.78 $763.78 4137 COUNTRYVIEW DR 10- 18403 -05 -050 1 $763.78 $763.78 4140 COUNTRYVIEW DR 10- 18276 -03 -090 1 $763.78 $763.78 4141 COUNTRYVIEW DR 10- 18403 -05 -060 1 $763.78 $763.78 4144 COUNTRYVIEW DR 10- 18276 -03 -080 1 $763.78 $763.78 4148 COUNTRYVIEW DR 10- 18276 -03 -070 1 $763.78 $763.78 4152 COUNTRYVIEW DR 10- 18276 -03 -060 1 $763.78 $763.78 4153 COUNTRYVIEW DR 10- 18276 -02 -120 1 $763.78 $763.78 4156 COUNTRYVIEW DR 10- 18276 -03 -050 1 $763.78 $763.78 4157 COUNTRYVIEW DR 10- 18276 -02 -110 1 $763.78 $763.78 4160 COUNTRYVIEW DR 10- 18276 -03 -040 1 $763.78 $763.78 4161 COUNTRYVIEW DR 10- 18276 -02 -100 1 $763.78 $763.78 4164 COUNTRYVIEW DR 10- 18276 -03 -030 1 $763.78 $763.78 4165 COUNTRYVIEW DR 10- 18276 -02 -090 1 $763.78 $763.78 4168 COUNTRYVIEW DR 10- 18276 -03 -020 1 $763.78 $763.78 4169 COUNTRYVIEW DR 10- 18276 -02 -080 1 $763.78 $763.78 4172 COUNTRYVIEW DR 10- 18276 -03 -010 1 $763.78 $763.78 4176 COUNTRYVIEW DR 10- 18277 -01 -010 1 $763.78 $763.78 Subtotals 31 $23,677.18 Country Court R -1 Residential P.I.N. 1 Lot Equivalent I Unit Assessment Total M 556 COUNTRY CT 10- 18276 -02 -130 1 $763.78 $763.78 557 COUNTRY CT 10- 18276 -02 -170 1 $763.78 $763.78 560 COUNTRY CT 10- 18276 -02 -140 1 $763.78 $763.78 561 COUNTRY CT 10- 18276 -02 -160 1 $763.78 $763.78 564 COUNTRY CT 10- 18276 -02 -150 1 $763.78 $763.78 $763.78 Subtotals 5 1 $3,818.90 Esk Lane R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 503 ESK LN 10- 18403 -01 -020 1 $763.78 $763.78 507 ESK LN 10- 18403 -01 -010 1 $763.78 $763.78 512 ESK LN 10- 18403 -03 -110 1 $763.78 $763.78 516 ESK LN 10- 18403 -03 -100 1 $763.78 $763.78 520 ESK LN 10- 18403 -03 -090 1 $763.78 $763.78 523 ESK LN 10- 18402 -02 -020 1 $763.78 $763.78 527 ESK LN 10- 18402 -02 -010 1 $763.78 $763.78 531 ESK LN 10- 18400 -01 -030 1 $763.78 $763.78 535 ESK LN 10- 18400 -01 -020 1 $763.78 $763.78 536 ESK LN 10- 18400 -03 -030 1 $763.78 $763.78 539 ESK LN 10- 18400 -01 -010 1 $763.78 $763.78 540 ESK LN 10- 18400 -03 -020 1 $763.78 $763.78 544 ESK LN 10- 18400 -03 -010 1 $763.78 $763.78 3942 THAMES AVE Subtotals 13 $763.78 $9,929.14 Thames Avenue R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3894 THAMES AVE 10- 18400 -02 -010 1 $763.78 $763.78 3898 THAMES AVE 10- 18400 -02 -020 1 $763.78 $763.78 3902 THAMES AVE 10- 18400 -02 -030 1 $763.78 $763.78 3906 THAMES AVE 10- 18400 -02 -040 1 $763.78 $763.78 3910 THAMES AVE 10- 18400 -02 -050 1 $763.78 $763.78 3914 THAMES AVE 10- 18400 -02 -060 1 $763.78 $763.78 3918 THAMES AVE 10- 18400 -02 -070 1 $763.78 $763.78 3922 THAMES AVE 10- 18400 -02 -080 1 $763.78 $763.78 3926 THAMES AVE 10- 18400 -02 -090 1 $763.78 $763.78 3930 THAMES AVE 10- 18400 -02 -100 1 $763.78 $763.78 3934 THAMES AVE 10- 18400 -02 -110 1 $763.78 $763.78 3938 THAMES AVE 10- 18400 -02 -120 1 $763.78 $763.78 3939 THAMES AVE 10- 18400 -03 -210 1 $763.78 $763.78 3942 THAMES AVE 10- 18400 -02 -130 1 $763.78 $763.78 3943 THAMES AVE 10- 18400 -03 -220 1 $763.78 $763.78 3946 THAMES AVE 10- 18400 -02 -140 1 $763.78 $763.78 3947 THAMES AVE 10- 18400 -03 -230 1 $763.78 $763.78 3950 THAMES AVE 10- 18400 -0 -2150 1 $763.78 $763.78 Subtotals 18 $13,748.04 Thames Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 593 THAMES CIR 10- 18400 -03 -040 1 $763.78 $763.78 596 THAMES CIR 10- 18400 -03 -100 1 $763.78 $763.78 597 THAMES CIR 10- 18400 -03 -050 1 $763.78 $763.78 600 THAMES CIR 10- 18400 -03 -090 1 $763.78 $763.78 WET 601 THAMES CIR 10- 18400 -03 -060 1 $763.78 $763.78 604 THAMES CIR 10- 18400 -03 -080 1 $763.78 $763.78 605 THAMES CIR 10- 18400 -03 -070 1 $763.78 $763.78 $763.78 Subtotals 7 1 $5,346.46 Eden Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 574 EDEN CIR 10- 18400 -03 -200 1 $763.78 $763.78 575 EDEN CIR 10- 18400 -04 -020 1 $763.78 $763.78 578 EDEN CIR 10- 18400 -03 -190 1 $763.78 $763.78 579 EDEN CIR 10- 18400 -04 -030 1 $763.78 $763.78 582 EDEN CIR 10- 18400 -03 -180 1 $763.78 $763.78 583 EDEN CIR 10- 18400 -04 -040 1 $763.78 $763.78 586 EDEN CIR 10- 18400 -03 -170 1 $763.78 $763.78 590 EDEN CIR 10- 18400 -03 -160 1 $763.78 $763.78 594 EDEN CIR 10- 18400 -03 -150 1 $763.78 $763.78 598 EDEN CIR 10- 18400 -03 -140 1 $763.78 $763.78 602 EDEN CIR 10- 18400 -03 -130 1 $763.78 $763.78 606 EDEN CIR 10- 18400 -03 -120 1 $763.78 $763.78 607 EDEN CIR 10- 18400 -04 -050 1 $763.78 $763.78 610 EDEN CIR 10- 18400 -03 -110 1 $763.78 $763.78 611 EDEN CIR 10- 18400 -04 -010 1 $763.78 $763.78 593 COVENTRY PKWY Subtotals 15 $763.78 $11,456.70 Coventry Parkway R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 564 COVENTRY PKWY 10- 18403 -02 -010 1 $763.78 $763.78 565 COVENTRY PKWY 10- 18403 -03 -120 1 $763.78 $763.78 568 COVENTRY PKWY 10- 18403 -02 -020 1 $763.78 $763.78 569 COVENTRY PKWY 10- 18403 -03 -130 1 $763.78 $763.78 572 COVENTRY PKWY 10- 18403 -02 -030 1 $763.78 $763.78 573 COVENTRY PKWY 10- 18403 -03 -140 1 $763.78 $763.78 576 COVENTRY PKWY 10- 18403 -02 -040 1 $763.78 $763.78 577 COVENTRY PKWY 10- 18403 -03 -150 1 $763.78 $763.78 580 COVENTRY PKWY 10- 18403 -02 -050 1 $763.78 $763.78 581 COVENTRY PKWY 10- 18403 -03 -160 1 $763.78 $763.78 584 COVENTRY PKWY 10- 18403 -02 -060 1 $763.78 $763.78 585 COVENTRY PKWY 10- 18403 -03 -170 1 $763.78 $763.78 588 COVENTRY PKWY 10- 18403 -02 -070 1 $763.78 $763.78 589 COVENTRY PKWY 10- 18403 -03 -180 1 $763.78 $763.78 592 COVENTRY PKWY 10- 18403 -02 -080 1 $763.78 $763.78 593 COVENTRY PKWY 10- 18403 -03 -190 1 $763.78 $763.78 597 COVENTRY PKWY 10- 18403 -03 -200 1 $763.78 $763.78 600 COVENTRY PKWY 10- 18403 -02 -150 1 $763.78 $763.78 601 COVENTRY PKWY 10- 18403 -03 -210 1 $763.78 $763.78 604 COVENTRY PKWY 10- 18403 -02 -160 1 $763.78 $763.78 605 COVENTRY PKWY 10- 18403 -03 -220 1 $763.78 $763.78 608 COVENTRY PKWY 10- 18403 -02 -170 1 $763.78 $763.78 609 COVENTRY PKWY 10- 18403 -03 -230 1 $763.78 $763.78 613 COVENTRY PKWY 10- 18403 -03 -240 1 $763.78 $763.78 617 COVENTRY PKWY 10- 18403 -03 -250 1 $763.78 $763.78 620 COVENTRY PKWY 10- 18403 -02 -310 1 $763.78 $763.78 621 COVENTRY PKWY 10- 18403 -03 -260 1 $763.78 $763.78 � o 624 COVENTRY PKWY 10- 18403 -02 -320 1 $763.78 $763.78 625 COVENTRY PKWY 10- 18403 -03 -270 1 $763.78 $763.78 628 COVENTRY PKWY 10- 18403 -02 -330 1 $763.78 $763.78 629 COVENTRY PKWY 10- 18403 -03 -280 1 $763.78 $763.78 632 COVENTRY PKWY 10- 18403 -02 -340 1 $763.78 $763.78 633 COVENTRY PKWY 10- 18403 -03 -290 1 $763.78 $763.78 637 COVENTRY PKWY 10- 18403 -03 -300 1 $763.78 $763.78 640 COVENTRY PKWY 10- 18403 -04 -020 1 $763.78 $763.78 644 COVENTRY PKWY 10- 18403 -04 -010 1 $763.78 $763.78 648 COVENTRY PKWY 10- 18400 -05 -010 1 $763.78 $763.78 652 COVENTRY PKWY 10- 18400 -05 -020 1 $763.78 $763.78 653 COVENTRY PKWY 10- 18400 -03 -240 1 $763.78 $763.78 657 COVENTRY PKWY 10- 18400 -03 -250 1 $763.78 $763.78 661 COVENTRY PKWY 10- 18400 -03 -260 1 $763.78 $763.78 665 COVENTRY PKWY 10- 18400 -03 -270 1 $763.78 $763.78 669 COVENTRY PKWY 10- 18400 -03 -280 1 $763.78 $763.78 Subtotals 43 $32,842.54 Avon Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3949 AVON CT 10- 18400 -05 -080 1 $763.78 $763.78 3952 AVON CT 10- 18400 -05 -030 1 $763.78 $763.78 3953 AVON CT 10- 18400 -05 -070 1 $763.78 $763.78 3956 AVON CT 10- 18400 -05 -040 1 $763.78 $763.78 3957 AVON CT 10- 18400 -05 -060 1 $763.78 $763.78 3960 AVON CT 10- 18400 -05 -050 1 $763.78 $763.78 653 WITHAM LN Subtotals 6 $763.78 $4,582.68 Witham Lane R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 641 WITHAM LN 10- 18401 -02 -090 1 $763.78 $763.78 642 WITHAM LN 10- 18401 -03 -030 1 $763.78 $763.78 645 WITHAM LN 10- 18401 -02 -100 1 $763.78 $763.78 646 WITHAM LN 10- 18401 -03 -020 1 $763.78 $763.78 649 WITHAM LN 10- 18401 -02 -110 1 $763.78 $763.78 650 WITHAM LN 10- 18401 -03 -010 1 $763.78 $763.78 653 WITHAM LN 10- 18401 -02 -120 1 $763.78 $763.78 Subtotals 7 $5,346.46 Welland Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 628 WELLAND CT 10- 56975 -01 -080 1 $763.78 $763.78 632 WELLAND CT 10- 56975 -01 -070 1 $763.78 $763.78 636 WELLAND CT 10- 18401 -02 -160 1 $763.78 $763.78 640 WELLAND CT 10- 18401 -02 -150 1 $763.78 $763.78 644 WELLAND CT 10- 18401.02 -140 1 $763.78 $763.78 648 WELLAND CT 10- 18401 -02 -130 1 $763.78 $763.78 Subtotals 6 $4,582.68 Tyne Lane R -1 Residential P.I.N. I Lot Equivalent I Unit Assessment Total 41 l 500 TYNE LN 10- 18402 -03 -010 1 $763.78 $763.78 501 TYNE LN 10- 18402 -01 -010 1 $763.78 $763.78 504 TYNE LN 10- 18402 -03 -020 1 $763.78 $763.78 505 TYNE LN 10- 18402 -01 -020 1 $763.78 $763.78 508 TYNE LN 10- 18402 -03 -030 1 $763.78 $763.78 509 TYNE LN 10- 18402 -01 -030 1 $763.78 $763.78 513 TYNE LN 10- 18402 -01 -040 1 $763.78 $763.78 517 TYNE LN 10- 18402 -01 -050 1 $763.78 $763.78 $763.78 Subtotals 8 1 $6,110.24 Fromme Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 516 FROMME CT 10- 18402 -02 -030 1 $763.78 $763.78 520 FROMME CT 10- 18402 -02 -040 1 $763.78 $763.78 524 FROMME CT 10- 18402 -02 -050 1 $763.78 $763.78 525 FROMME CT 10- 18402 -02 -070 1 $763.78 $763.78 528 FROMME CT 10- 18402 -02 -060 1 $763.78 $763.78 3866 MERSEY WAY Subtotals 5 $763.78 $3,818.90 Mersey Way R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3855 MERSEY WAY 10- 18402 -02 -120 1 $763.78 $763.78 3858 MERSEY WAY 10- 18402 -03 -040 1 $763.78 $763.78 3859 MERSEY WAY 10- 18402 -02 -110 1 $763.78 $763.78 3862 MERSEY WAY 10- 18402 -03 -050 1 $763.78 $763.78 3863 MERSEY WAY 10- 18402 -02 -100 1 $763.78 $763.78 3866 MERSEY WAY 10- 18402 -03 -060 1 $763.78 $763.78 3867 MERSEY WAY 10- 18402 -02 -090 1 $763.78 $763.78 3870 MERSEY WAY 10- 18402 -03 -070 1 $763.78 $763.78 3871 MERSEY WAY 10- 18402 -02 -080 1 $763.78 $763.78 3874 MERSEY WAY 10- 18402 -03 -080 1 $763.78 $763.78 3878 MERSEY WAY 10- 18402 -03 -090 1 $763.78 $763.78 3882 MERSEY WAY 10- 18402 -03 -100 1 $763.78 $763.78 3886 MERSEY WAY 10- 18402 -03 -110 1 $763.78 $763.78 Subtotals 13 $9,929.14 Kennet Circle R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3864 KENNET CIR 10- 18402 -03 -180 1 $763.78 $763.78 3868 KENNET CIR 10- 18402 -03 -190 1 $763.78 $763.78 3869 KENNET CIR 10- 18402 -03 -170 1 $763.78 $763.78 3872 KENNET CIR 10- 18402 -03 -200 1 $763.78 $763.78 3873 KENNET CIR 10- 18402 -03 -160 1 $763.78 $763.78 3876 KENNET CIR 10- 18402 -03 -210 1 $763.78 $763.78 3877 KENNET CIR 10- 18402 -03 -150 1 $763.78 $763.78 3880 KENNET CIR 10- 18402 -03 -220 1 $763.78 $763.78 3881 KENNET CIR 10- 18402 -03 -140 1 $763.78 $763.78 3884 KENNET CIR 10- 18402 -03 -230 1 $763.78 $763.78 3885 KENNET CIR 10- 18402 -03 -130 1 $763.78 $763.78 3888 KENNET CIR 10- 18402 -03 -240 1 $763.78 $763.78 3889 KENNET CIR 10- 18402 -03 -120 1 $763.78 $763.78 Subtotals 13 $9,929.14 VIB Waveney Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 500 WAVENEY CT 10- 18403 -02 -120 1 $763.78 $763.78 503 WAVENEY CT 10- 18403 -02 -110 1 $763.78 $763.78 504 WAVENEY CT 10- 18403 -02 -130 1 $763.78 $763.78 507 WAVENEY CT 10- 18403 -02 -100 1 $763.78 $763.78 508 WAVENEY CT 10- 18403 -02 -140 1 $763.78 $763.78 511 WAVENEY CT 10- 18403 -02 -090 1 $763.78 $763.78 513 SEVERN WAY Subtotals 6 $763.78 $4,582.68 Severn Way R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 500 SEVERN WAY 10- 18403 -02 -230 1 $763.78 $763.78 504 SEVERN WAY 10- 18403 -02 -240 1 $763.78 $763.78 505 SEVERN WAY 10- 18403 -02 -220 1 $763.78 $763.78 508 SEVERN WAY 10- 18403 -02 -250 1 $763.78 $763.78 509 SEVERN WAY 10- 18403 -02 -210 1 $763.78 $763.78 512 SEVERN WAY 10- 18403 -02 -260 1 $763.78 $763.78 513 SEVERN WAY 10- 18403 -02 -200 1 $763.78 $763.78 516 SEVERN WAY 10- 18403 -02 -270 1 $763.78 $763.78 517 SEVERN WAY 10- 18403 -02 -190 1 $763.78 $763.78 520 SEVERN WAY 10- 18403 -02 -280 1 $763.78 $763.78 521 SEVERN WAY 10- 18403 -02 -180 1 $763.78 $763.78 524 SEVERN WAY 10- 18403 -02 -290 1 $763.78 $763.78 528 SEVERN WAY 10- 18403 -02 -300 1 $763.78 $763.78 Subtotals 13 $9,929.14 Mersey Point R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3891 MERSEY PT 10- 18403 -03 -010 1 $763.78 $763.78 3895 MERSEY PT 10- 18403 -03 -020 1 $763.78 $763.78 3898 MERSEY PT 10- 18403 -03 -080 1 $763.78 $763.78 3899 MERSEY PT 10- 18403 -03 -030 1 $763.78 $763.78 3902 MERSEY PT 10- 18403 -03 -070 1 $763.78 $763.78 3903 MERSEY PT 10- 18403 -03 -040 1 $763.78 $763.78 3906 MERSEY PT 10- 18403 -03 -060 1 $763.78 $763.78 3907 MERSEY PT 10- 18403 -03 -050 1 $763.78 $763.78 Subtotals 8 $6,110.24 355 Single - Family Lots TOTAL SINGLE- FAMILY ASSESSMENT $271,141.90 CITY PARK P - Park P.I.N. Front Footage Unit Assessment Total Captain Dodd Park -City 10- 18400 -00 -040 584 $ 4.68 $ 2,731.53 Totals $ 2,731.53 TOTAL ASSESSMENTS $273,873.43 �c� I LL o p N C 0� a 0 E 0 00 •aa nnain �a }uno� � �, � � � t � I N nomn`� �an,�� `dt) 3<: EA i- r coot J n co ; r' Qi Q II Z 11 S � 3• 0 y o r r •:� 5.. # � to � A �'.. d, • U 7} 7 C41 co - a ��q 00i apis�(a }uno� ; z -.zS x P t� �-¢. .• to = N co LO - �3. 003 N wn i co LO e v° o E f -Qt z •' -' v � �� � � � icn �_ � rn o dN °. RE' m V to � - � pt r >c � r -o • � ac�D, IIr � o �, ,�z � f -�V• -: .chi �i_� d. �_ o �, =,i ;` x v ° L Q , ° qw G Do Q m L�. N o r� W •O v/ V�J \ O U o cn N cn Q �, O M _ I.L ^a) t W n' O UCO <z .1D w 0 v I MCI' A :s Y r r i�A` WN NI WAA - la AM& .mom. - i� OF IM �`' Fa'%� _��if -��Q -,lei ,�. z� .;6 .: � � � •'.� t � � Yk 4 or.., �1 :� � • • w - �► _ ®1 � ate® .` KA Jif VA \, Fg km Lkm?w WN o \ : } 4 0 8 w • - �� 1 • • •A rJ, Ca: • 1 1 ���� tom.; e - ; g ar ��•,a� a _A� Oil s� �DJ N N O 0,5 -•-+ r a) 4-j f� • O � a) d, O L o U o N N o to i N LL cn 4-1 a) cn U) U�Q <Z w 6 ZEF XX wli-1 Mi w M Co "Do .4 ' j Cl) C' c) 0. y. f) _j A t to 00 '0 t' - . .0 P, z C') C) 10 9NN3A CO m co 09 co co Ir"Um (m q 4- 0 0 mum MJE 2_�Rlll =Zmm P'A am L.L E a) > INwo 0- r _j 0 i o -a 2 a) > ni M CO o H = Do m 0 0 E � 2 M M'! ' (n a) (n O a) �Q W (m q 4- 0 0 r C') Lf LO r �� �1 m C a) L.L E a) > 0- w < _j 0 i o -a 2 a) > > a) M CO o H = o_IL�_j 0 E � 2 M -0 00 ' (n a) (n O a) �Q W a) 60- N U) Q :3 z cn a) cn 0 C/) < b 0 • • r C') Lf LO r �� �1 ldfA3S2IEIA HIM ..�w R AP 2,10M - I i �(_ I iT_ c U) a-- CO t 0) LOOO V-1 1111do- 11 IN 0 r,. W 6 FL (0 cu C\j (1) (0 C:) 06 T- < U) ,r-- 0 a) C a) u) u) E a) > 0- N= ldfA3S2IEIA HIM ..�w R AP 2,10M - I i �(_ I iT_ c U) a-- CO t 0) LOOO V-1 1111do- 11 IN 0 r,. W 6 FL (0 cu C\j (1) (0 C:) 06 T- < U) ,r-- 0 a) C a) u) u) E a) > 0- E a) > a) o o_IL�_j a) U) O � cu N U) > a) N E cn :3 a) a) cn a) cn 0 C/) < <z Agenda Information Memo November 7, 2012 Eagan City Council Meeting PUBLIC HEARINGS E. MINNESOTA VALLEY TRANSIT AUTHORITY 2ND ADDITION EASEMENT VACATIONS MINNESOTA VALLEY TRANSIT AUTHORITY 3RD ADDITION FINAL SUBDIVSION ACTION TO BE CONSIDERED: • Approve the vacations of the public drainage and utility easements located on Lot 1, Block 1 Minnesota Valley Transit Authority 2 "d Addition and a public utility line easement located at 3645 Sibley Memorial Highway and authorize the Mayor and City Clerk to execute all related documents, AND • Approve a Final Subdivision (MVTA 3rd Addition) to create two lots upon approximately 16.3 acres, located at 3600 Blackhawlc Road, currently legally described as Lot 1, Block 1, Minnesota Valley Transit Authority 2nd Addition, and 3645 Sibley Memorial Highway, currently a metes and bounds legal description. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS — VACATE EASEMENTS: • On July 6, 2012, City staff received a petition from Mr. Michael Meehan, BWBR Architects, representing the MN Valley Transit Authority (MVTA), requesting the vacation of existing drainye and utility easements on Lot 1, Block 1 Minnesota Valley Transit Authority 2" Addition and a utility line easement on property located at 3645 Sibley Memorial Highway. • The drainage & utility easements on Lot 1, Block 1 MN Valley Transit Authority 2" d Addition were dedicated with that plat and cover existing public storm sewer and water main within the site. • The utility easement on 3645 Sibley Memorial Highway was recorded as a separate document and covers public water main in the southeast corner of the site. • On August 6, 2012, the MVTA received preliminary subdivision approval for the platting of these two properties. • MVTA has applied for Final Subdivision approval, and the City Council is scheduled to consider this application, also on November 7. • With this development, the property owner is proposing to relocate the public water main and will be required to dedicate adequate public easement with the re- platting of the parcels with the final subdivision. • The purpose of the request is to allow MVTA to plat the two properties as the MN Valley Transit Authority 3rd Addition for redevelopment of the site to accommodate �aG the expansion of the maintenance garage. The vacation of these easements would clean up the proposed plat by avoiding any underlying recorded easements or dedications. • The request would vacate all of the existing drainage and utility easements on the two properties. All of the necessary drainage and utility easements will be rededicated as needed on the new plat, also being considered under this item. • Notices have been sent to all potentially affected and /or interested parties for comment prior to the public hearing. FACTS -FINAL SUBDIVISION: • The Preliminary Subdivision was approved on August 6, 2012. • The subdivision of the property creates two lots to allow for ownership and expansion of the bus garage facility upon proposed Lot 1 by MVTA, while Met Council will retain ownership of the fly ash landfill area contained within proposed Lot 2. • All easements and declarations will be recorded with the final plat. • The development contract is anticipated to be signed and ready for execution at the regular City Council meeting. • The 60 -day agency action deadline is not applicable. ATTACHMENTS: • Location Map, page • Easement Vacate Legal Description, graphic, page «p • MVTA 3rd Addition Final Plat, page t aO k ac0 'I�M§g jJ770 111M EASEMENT VACATION ti _� LOCATION -RD YANKEE DOODI-Eir 28 VCLIFF ROAD APPLE VALLEY EL DIFFLEY. RD. CITY OF EAGAN + Proposed Easement Vacation Location Map CityofEaRan Minnesota Valley Transit Authority 2nd Add. \ D'-1 Fig. 1 3/28/2011 EASEMENT VACATION SKETCH 2010 -340 666/63 T,27, R.23, S.17 2010340_vac sketch.dwg DJF 4. 0 200 400 SCALE IN FEET UTILITY LINE EASEMENT _ PER BK. K, MISC., PG. 553, DOC. NO. 344225 1 hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of May, 2012 SUNDE LAND SURVEYING, LLC. By: / Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 SUNDE 9001 East Bloomington Freeway 5w) . Suite 118 Bloomington, Minnesota 5545420 -3435 952 -881 -2455 (Fax: 952 - 888 -9526) LAND SURVEYING www.sunde.com wool % EASEMENTS TO BE VACATED \ All drainage and utility easements dedicated in the plat of Minnesota .�. Valley Transit Authority 2nd Addition, /������' `•� \ according to the recorded plat thereof, Dakota County, Minnesota. And Utility line easement per Book K, ;:•::• DRAINAGE AND UTILITY EASEMENT -f- PER PLAT OF MINNESOTA VALLEY 'Ao� Miscellaneous Records, Page 553, �. TRANSIT AUTHORITY 2ND ADD. q Document No. 344225 2010 -340 666/63 T,27, R.23, S.17 2010340_vac sketch.dwg DJF 4. 0 200 400 SCALE IN FEET UTILITY LINE EASEMENT _ PER BK. K, MISC., PG. 553, DOC. NO. 344225 1 hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of May, 2012 SUNDE LAND SURVEYING, LLC. By: / Mark S. Hanson, P.L.S. Minn. Lic. No. 15480 SUNDE 9001 East Bloomington Freeway 5w) . Suite 118 Bloomington, Minnesota 5545420 -3435 952 -881 -2455 (Fax: 952 - 888 -9526) LAND SURVEYING www.sunde.com wool •nnr `�,ry yr v rr nnY r M I Q llJ Ij� I CJ T c\ I W I iX LU I o, k C-yA J � F,I ,rl I II j� i_ �J\ \I Cl u V on ; to n TH GV C� V CD cm W ' r V W ct� Agenda Information Memo November 7, 2012 Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an ordinance amendment to City Code Section 11.66 relating to Floodplain Districts and regulations and direct the City Attorney to publish the ordinance amendment summary. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ On December 2, 2011, new Flood Insurance Rate Maps went into effect for Dakota County and the City of Eagan incorporating new FEMA regulations regarding floodplain management. The City also amended Section 11.66 of the City Code at that time to reflect the new maps and additional FEMA requirements, allowing Eagan residents to be eligible for participation in the National Flood Insurance Program. ➢ Although the City ordinance amendment received the required approval by State DNR staff to move forward prior to the December 2 effective date, DNR staff had a chance to reexamine the City's newly adopted ordinance this year and found some inconsistencies with FEMA regulations that were missed in the previous review. ➢ The City Attorney and City Staff have been in contact with the State DNR staff to determine what corrections are necessary to be fully compliant with FEMA regulations. The DNR Staff has provided conditional approval of the draft ordinance and it is ready for publication subsequent to approval. ➢ The current Floodplain District and regulations are still in effect, and its current status does not affect the City's insurance eligibility. ➢ The Advisory Planning Commission recommended approval of the amendment at a public hearing October 27, 2012. ATTACHMENTS: (2) October 23, 2012, Draft APC minutes, page 4 Planning Report, pages 1 �>a to Lf E \,-j® Advisory Planning Commission October 23, 2012 Pages Page 11 of 12 C. Ordinance Amendment - Floodplain 2012 Applicant Name: City of Eagan Application: Ordinance Amendment Amendment to City Code Section 11.66 updating floodplain district and regulations in conformance with FEMA requirements. File Number: 01- OR- 03 -09 -12 City Planner Ridley introduced this item and highlighted the inform Staff report dated October 1, 2012. He noted the background and, Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed discussion back to the Commission. :. Member Piper moved, Member Supina secon" Ordinance Amendment to Chapter 11, Section requirements, subject to the following conditions: All voted in favor. Motion carried 6 -0. hearing in the City the recommend `9 prova1 of an ing floodplain management PLANNING REPORT CITY OF EAGAN REPORT DATE: October 1, 2012 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: Citywide SUMMARY OF REQUEST CASE: 01- OR- 03 -09 -12 HEARING DATE: October 23, 2012 APPLICATION DATE: PREPARED BY: Erik Slettedahl To amend the City Code Chapter 11, Section 11.66, as it pertains to the floodplain management requirements. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affinnative vote of two - 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 forin of a Flood Insurance Rate Map (FIRM) and a Flood Insurance Study (FIS). Under FEMA's map modernization program, an updated FIS was completed for Dakota County which also included corresponding new FIRM's for each community. The updated FIRM's in Dakota County went into effect on December 2, 2011. As a result of these data changes, participating cities, including Eagan, adopted new floodplain management regulations that incorporated both the revised study and maps, and any additional k FEMA management requirement changes. Prior to the Eagan ordinance adoption in 2011, the necessary changes were approved by the Miiuiesota Department of Natural Resources (DNR) who oversees the implementation of this program. In 2012, the City of Eagan was notified by Minnesota Department of Natural Resources staff that the floodplain management ordinance adopted by the City of Eagan in 2011 contained some language that was inconsistent with FEMA requirements. While this was an oversight on the part of the DNR, the City of Eagan is responsible for correcting the language to remain consistent with FEMA regulations. EXISTING CONDITIONS The current floodplain management requirements adopted in 2011 are not codified but are enforceable, and there are currently no issues with the flood insurance eligibility for Eagan. However, the correct FEMA language and requirements necessary to remain in compliance will need to be implemented. EVALUATION OF REOUEST The DNR staff responsible for review of the ordinance has worked with the Eagan City Attorney to identify areas of the ordinance language that needs correcting and they have subsequently provided approval for the draft ordinance to proceed to adoption. The significant changes to the floodplain management requirements corresponding to the flood map updates occurred with the 2011 adoption. The current proposed changes are generally non - substantive and correct language necessary to be compliant with FEMA /DNR requirements. SUMMARY /CONCLUSION The proposed amendment to the floodplain management requirements provides necessary corrections to the ordinance adopted in 2011 that were the result of a DNR oversight during its review. The DNR has reviewed the revised draft ordinance and provided conditional state approval. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Section 11.66 amending floodplain management requirements. Minnesota Department of Natural Resources Division of Ecological and Water Resources Box 32, 500 Lafayette Road • St. Paul, MN • 55155 -4032 September 27, 2012 The Honorable Mike Maguire Mayor, City of Eagan Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Maguire: Minnesota DEPARTMENT OF NATURAL RESOURCES RECOVED OCT 0 17012 CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE AMENDMENT The Department of Natural Resources (DNR) received a proposed floodplain management ordinance update for the City of Eagan from attorney Sharon K. Hills on September 24, 2012. I am pleased to inform you that the above -cited draft floodplain management ordinance is in compliance with Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota, Minnesota Rules, Parts 6120.5000 to 6120.6200. 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 (FEMA). This approval will be final upon adoption of the draft ordinance by the city and receipt by this office of three (3) copies each of the adopted floodplain ordinance amendments (signed and stamped with the community seal), the affidavit of publication of the ordinance, and the completed "Ordinance Certification Checklist" that I have enclosed. Please forward these documents to Ceil Strauss, the State National Flood Insurance Program Coordinator, at the above -noted address. Upon receipt and verification, Ms. Strauss will transmit one copy of these materials to Mr. John Devine at FEMA's Chicago Regional Office. 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 Area Hydrologist Jeffrey Berg at DNR, Ecological & Water Resources' Division, 1200 Warner Road, St. Paul, MN, 55106. Please rely on Mr. Berg for day -to -day assistance in enforcing this ordinance. You can also contact Mr. Berg at (651) 259 -5729 or at jeffreerg_(astate.mn.us. www.dnr.state.mn.us ®* AN EQUAL OPPORTUNITY EMPLOYER ��r PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST - CONSUMER WASTE The Honorable Mike Maguire September 27, 2012 Page 2 The DNR greatly appreciates your community's cooperation and initiative in providing for the reduction of flood damages through this updating of the city's existing floodplain ordinance and the future administration of these floodplain regulations. Sincerely, Je ifer Ship dox Land Use Program's Supervisor Enclosure ec: Erik Slettedahl, Community Dev. GIS. Specialist Sharon K. Hills, Esq. Mike Ridley, City Planner John Devine, FEMA Ceil Strauss, NFIP State Coordinator Terri Yearwood, DNR Eco- Waters' Regional Manager Liz Harper, DNR Eco- Waters' Assistant Manager Jeffrey Berg, Area Hydrologist Tom Lutgen, DNR Floodplain Program ORDINANCE NO. 486 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 DISTRICTS 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 to read as follows: Sec. 11.66. Floodplain Overlay Districts: Floodway (FF). Subd. 1. Finding offacts and purposes. A. A portion of the lands within they -e fit' g ju recurrent flooding by overflow of river c to life and property, disruption of cornmer interruption of transportat'on and communicai council to be detrimental o ealth, safety, of the city. changing Section 11.66 Flood Fringe District of the citsbi ect to r4tercourses c4sing a hazard governmental services and the s, all of which are found by the 1 e e and property of residents B. It is the purpose of this sectioNato mo e�ERI ic heal th, safety, and general welfare b, n nizing the loss °e scribe, bparagraph A above. C. State o: = uthoriza ion. The leglisit$e of the State of Minnesota has, in Minn. Stat ,Cha ers 103 and 462, delee the authority to local governmental units to adopt re at' n -.de ftp�4, o n muze flood losses. Minn. Stat., Chapter 03 Cher pr thoft n nities subject to recurrent flooding must partici a and mein eligibility in the National Flood Insurance Program. Statement _ " rpose. TFhe purpose of this section is to maintain the city's eligibility in Nati nal Flood Insurance Program and to minimize potential ses due to ; riodic flooding including loss of life, loss of property, health and s hazard s, disruption of commerce and governmental services, extraordinary .�• e ditures for flood protection and relief, and impairment of the tax base, a,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 from reliance on this section or any administrative decisions lawfully made thereunder. Subd. 2. Definition. The following terms, as used in this section, shall have the meanings stated: Accessory Use or Structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Basenient 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 flee glair toodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Flood Fringe means that portion of the fleed 4ainflood lain out of the floodway. Flood fringe is synonymous with the term "floodway fringe" as used'_ he Flood Insurance Study for Dakota County, Minnesota And Incorporated Areas. Floodplain means the area(s) adjoining a wetland, la tercourse 'ch have been or maybe covered by the 100 year regional flood. Fo purpo s of land wi e City, floodplain shall consist of the floodway and the od fring areas delineat the r� FMM Flood Insurance Rate Man (FTRMI „an :1e nrarl tip. Flood Proofing means a combination of structural pro properties and structures subject to ftp ding, primarily flood damages. Floodway means the bed of a wetland of portions of the adjoining land which are flood discharge. changes, or adjustments to reduction or elimination of PId watercourse and those carry or store the regional Lowest Floor mt lowest oor of the to rest enclosed area (including basement). An unfinished or flood r eno sure, used so e yfor parking of vehicles, building access, or storage in an area other% liasei ent a ea+ is of considered a building's lowest floor. •ed HomMaeans fracture, transportable in one or more sections, which is built lent chas i . , d is e `�ned'for use with or without a permanent foundation when the require "u ities. term "manufactured home" does not include the term i1 vehicle." Recreationa�1 = eicle ms a vehicle that is built on a single chassis, is 400 square feet or less when measured at e largest projection, is designed to be self - propelled or permanently towable by a light = of truck, and is designed primarily not for use as a permanent dwelling but as temporary ling quarters for recreational, camping, travel, or seasonal use. For the purposes of this Section, the terns recreational vehicle shall be synonymous with the teen 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. �Sq 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�amage, addition, or other improvement of a structure, the cost of which equals or exce s SO�percent of the market value of the structure before the "start of construction" the improvement. This term includes structures that have incurred "substantial da e, ardless of the actual repair work performed. The term does not, however, inclu �e either (a) Any project for improvement of a struct to local health, sanitary, or safety codes ecificat the local code enforcement officia ch safe living conditions. (b) Any alteration of an "historic structure," prov preclude the structure's AD! designation purpose of this Ordinance, cture" Federal Regulations, Part 59 Subd.3. General ;ct existin of tions of state or which have b 'den 'feed by e minimum nee : s to assure hat the alteration will not ` 'storic structure." For the 766 s defined in 44 Code of A. Adoption;o the National Flood Inst r-.ance Program Regulations. The National Flood Insurance Pro .am regulations as codified in 44 Code of Federal Regulations Parts 59 to 78 4'In . me dm_e is *thereto established and adopted hereafter from are - er by ado - e ;� y reference as though set forth verbatim herein. Adoption fF ood ned'Study and flood insurance rate maps. The Flood Insurance Study for Dakota County, Minnesota and Incorporatiffged Areas, and khe Flood Insu `ce Rate Map (FIRM) for the e4y Dakota County, Minnesota And VC- orated A with Panel Nos. 27037C0080E, 27037CO081E and 27 0-77C-0- End the Flood Insurance Rate Map Index for Dakota County, Mmn sofa <Afic Incorporated Areas (Map Number 27037CIND4DA), with all of the aforementioned documents having an effective date of December 2, 20113-and bein& developed by the Federal Emergency Management Agency, is are hereby adopted by reference as the official floodplain zoning district map and made a part of this section. The official floodplain Zzoning district Mmap shall be on file in Offices of the City Clerk and the City Planner, C. Lands to which floodplain regulations apply. Regulations in this section shall apply to all lands designated on the Qty4 FIRM adopted in this Section as floodplain within the jurisdiction of the city. D. Map interpretation. The boundaries of the floodplain district shall be deterinined by scaling distances on the official floodplain district map. Where interpretation is W i 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, and on the regional (100 - year) flood profile, if available. If 100 yearfeod elevations are net available, thn eity shall: (1) require a floodplain evaluatien eensistent with subdivision .5 of this section to determine a inn year elevatien f this site; (2) base its ,a Cmm�curs acessm.U70KT sa 7mr— MMM"WOrT�M E. Relationship to other city zoning regulations. be considered an overlay zoning district to all city. The permitted and conditional uses set R only if the use is a permitted or conditional us zoning district as set forth elsewhere in thi section shall apply in addition to other le,ally and where the floodplain regulations .containe restrictions, the provisions of the floo p _air re F. Compliance. No new structure or land shall be located, enlarged'or, extended, constructed substuntirll r i ... P"eyP. or s with the terms of this section. VVhi permitted use or a conditional use in 1. Mod rep prov uses 2. % by g be d, The floo " ain�zoning districts shall existi ` and use regulations of the rt h ection shall be permitted the es a .' hed, underlying rap f. The re, ements of this established regal tb s of the city 1 ig�this section imp e ter gulaon shall apply, tall4 er`�after be used and no structure nve ed,. -epaired, maintained, er zeturallya ered without full compliance floodplain, " 1=tes not listed as a Section shale prohibited. In addition: - xepair and in - nance, adMons, structural alterations or ntial damageto existing legal, nonconforming structures and ning u es of structu?q§ or land are regulated by the general of t section and sp `fically the nonconforming structures and .lus�cha te=nd evations for elevated or floodproofed structures must be certified surve asp r'bvided in this section. Floodproofing techniques must I and ced by a registered professional engineer or architect as 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 may include floodplain areas that lie outside of the jurisdiction of the City at the time 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 LOM I. amended, the newly amlexed floodplain lands shall be subject to the provisions of this section inunediately upon the date of annexation into the city. Permit requirenents. (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 noncomnforining structure or any structure damaged by flood, fire, tornado, winds, or any other source. (2) No man -made change to improved or unrnprov real estate, including but not limited to buildings or other st tures, e . onstruction of a dam, fence, or on -site septic system, the ement of ill cavation of materials or the storage of materials or equipment wi e floodplain shall be commenced until a t has been obtained fro � • e otective Inspection Department for eac ange. (3) No manufactured home shall be place a n improved or unimproved real estate within a fl�"6dway and no manufac _- ed home shall be placed on improved or unimp.r� ve eal estate with a o fringe without first obtaining a permit fob eac _ manufac re home from the Protective Inspectionepartrrtr (4) Two, --ol t ` ermit, the ap licant shalffinake application, pursuant to the �bildin co .,straction regu�l tions in this Code, to the Protective Inspection �D ,artmen I'No construction orpother activity as identified above in this Paragr �m�ay cctnunence 1 after such time that the permit has been naw issueuject tot _ °.t�ial Flood Insurance Program regulations. (5) MCity's`'C�ef Bilding Official is appointed as the person responsible fo , eceiving a l cations and examining the plans and specifications for the p 0_1 osed construction, and the City Plamler is appointed as the person respoiMble for receiving applications and examining the plans and specifications for a proposed development or subdivision to determine E_ comance with the provisions of this Chapter and all requirements of the hIional €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 subdivisions to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal, State or local laws and this Code, �V (8) The City Planner shall notify, in riverine situations, adjacent communities 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 Commissioner 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 concerning physical changes that increase or decrease the 100- ea elevation, the City Planner shall notify the Chicago Regiona&ice of FEMA of the changes by submitting a copy of said technical orb c data. Subd.4. Districts: A. Floodway District. The Floodway strict sh1 include those` as designated as floodway on the Flood Insur c <_ e Map a, adopted herein. B. Flood Fringe District. The Flood Fringe m-1 rict shall include those areas designated as floodway_ inge on the Floo ance Rate Map as adopted herein, as being within Zee.:. but being loca _ed outside of the floodway. Subd. 5. Floodway District (F99 and Fld'o,4 Friry rstrict (FF A. Floodwa�is t (FYV) permil7edruses. TheWolowing uses shall be permitted uses whin the Flo dway distric provided they are not prohibited by any otbier' , ode provis and comply 'th the standards for floodway permitted uses set forth�herem: uses notxii7olving a structure, such as: general farming, �g, outdoor plant nurseries, horticulture, viticulture, truck yod farming, and wild crop harvesting. Anyuse of land which does not involve a structure, an addition to the outsi jm hp dimensions to an existing structure or an obstruction or alteration to flow 7Td flows such as fill, excavation, or storage of materials or 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, and hiking and horseback riding trails. 5. Residential uses not involving a structure, such as: lawns, gardens, parking areas and play areas. \,-\1 6. Outdoor storage of recreational vehicle provided it meets the exception criteria as set forth in clause J.4.d of this subdivision and is otherwise permitted by the underlying zoning district. B. Floodway conditional uses. The following uses shall only be permtted 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: 149 1. Structures accessory to the permitted uses within the floodway and conditional uses set forth in this Paragraph. 2 2. Extraction and storage of sand, gravel, 3. Marinas, boat rentals, docks, piers, 4. Railroads, streets, bridges, 5. Storage yards for 6. Placement of fill or construction 7. Structural works fo ' , constructed to any veil e1'l structures and levee crops for a frequency fie y�flood event. 1. materials. control structures. pelines. materials. d control such s_4 evees, dikes and floodwalls there the inten % fto protect individual 11 'S w ere the in.1 is to protect agricultural od:even e ; 1 to" or less than the 10 -year es: fl' od damage potential. 2. the uses "hall not obstruct flood flows or increase flood elevations and sh vol; of in structures, fill, obstructions, excavations or storage of mate__ als or equipment. D. Mtondards for conditional uses: 1. 1 uses. No structure (temporary or permanent), fill (including fill for Wds and levees), deposit, obstruction, storage of materials or Y 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. 2. All floodway conditional uses shall be subject to the procedures and standards for conditional use permits set forth in this Chapter. 3. Land excavation or disturbance. \L�a (a) Fill, dredge spoil, and all other similar materials deposited or stored in the floodplain shall be protected from 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 a long-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 Counci as'a •.roved a plan which assures the removal of the material rom the floodway based upon the flood warning time a�1a Ie 4. Accessory structures: (a) Accessory structures�sliall not be designed ME& an habitation. (b) Accessory struc6re , ' erinitte � hall be constrr d and placed on the building ite *alto the least obstructive to the flow of flood waters and: (c (1) *40ke-gi ver p ossible steures shall be constructed with gr„ ; di�rral axis paral)e1 the direction of flood So far'as pi acticable s ructures shall be placed approxately on the same flood flow lines as those of adjoining tructures. Ott structuures shall be elevated on fill or structurally dry � 5d proofecaccordance with the FP -1 or FP -2 flood 9'solfing classifications in the State Building Code. As an alt3rnatiX an accessory structure may be flood proofed to the FP-3 flood proofing classification in the State Building Cody 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 ILA3 (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 flooding will not satisfy this requirement for automatic openings. 5. Storage of materials and equipment: (a) The storage or pr flooding, flamrn to human, animal (b) Storage, , rr if readily remo available after a f , an approved by Iess g of ma _ 'als that are, in time of e, X losive, o tentially injurious or plant life is pro bed. aterials or equipment rna e allowed le : m �k c area within t e time 5..601 warning and in accordance with a Mew ity Council. 6. Structural works foredo d cont of that wills _ ange the course, current or cross section of proteczted we 1- • uu i waters shall be subject to the pr. _ isions of Minns , a All e, G " apter 103G. Community -wide orks for floo�ontroI int.. de d to remove areas from the egulato %q. floNolain shall not be allowed in the floodway. 7. constructed in the floodway shall not cause an regional flood and the technical analysis must or storage loss on both sides of a stream. uses. The following uses shall be prohibited in the of new or used principal buildings or structures in the including residential structures. New residential •e also prohibited. Travel tr-aileF or travel-Recreational vehicle parks or campgrounds shall not be permitted. 3. Manufactured homes shall not be permitted. F. Flood Fringe jF�District permitted uses. A11 --Any uses - permitted pursuant to the underlying zoning district is a pennitted use within the flood fringe Dortion of the floodplain district, subject to the standards for fleedway an flood fringe uses set forth herein. ti 144 G. Standards for Flood Fringe District permitted apses: 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 protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the 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 projecti _ )mae flood proofed in accordance with the accessory structure mrdrements under the standards for floodway conditional uses herein. The storage of any materials or regulatory flood protection elm H. Flood Fringe District conditional-M, with the standards for flood frr by a conditional use permit, provided it zoning district and compl with all stan forth herein. I. Standards for Flood Fringe apt shall bel vated on fill to the tcture or use that not i1: e uses shall onlbe permitted tted pursuant to the underlying plicable to flood fringe uses set 1. Aterntve elevation r'et ods other thin the use of fill maybe utilized to ✓t�[elevate -s ; cture's lowe t floor above the regulatory flood protection .luffielevation subject tot following requirements: esrgli ndtcercation. The structure's design and as -built ndition mbe certified by a registered professional engineer o architect as being in compliance with the general design standaardsMthe State Building Code and, specifically, that all electrheating, 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. 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 HS 2. 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 elevation methc pilings, parallel walls, etc., as crawl spaces or tuck and enclosed area shall be eons: structure's baseme 'For low above -grade o . ea t one designed to internally `; � d resistant materials; and vehicles - building access lo Basements shall (a) A Rresident b`ove- y "'�6 ude the use of stilts, a - a e, enclosed areas such #rages.' e ase or floor of an •ed above- d" and not a floor if, 1) the ose area is of the structure; __. t is d i§s gonstructed with flood used solely for parking of part of the basement the regulatory flood the effects of tioy�,z��— A non- residential structure of which any part thereof is constructed below the regulatory flood protection elevation is permitted provided the structure 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 resisting 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: 14� (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 elevation not more than two (2) feet be protection elevation. If a variance to tl variance shall be subject to a conditi period of use or occupancy of th c after determining that adequate oo emergency response proce ores exist. V�e ar'acess at or above an re gulatory flood M. 'qu ement is granted, the spec figs limitations on the for ti f flooding and only ng time a .:..Local flood 2. In industrial and commercial u Bone oessory land usP71, such as yards, railroad tracks, and parking o - may be at elevations lower than the regulatory flood protection elevat- o rovided the property has an operational floo I g system that pro, .'des adequate time for evacuation if the a a wo 1 e inundate U, epth and velocity such that when multiplyi the d' ' :in feet) times velocity (in feet per second) the product nunbe = e cees our"(4) upon occurrence of the 3. ffi F,ill shall 13' roperly compacted and the slopes shall be properly p oected the use of ripregetative cover or other acceptable me hod fnfacmorf dance wit e Federal Emergency Management Agency (FE y. °snteria fort' pacific fill compaction and side slope protection s andards ' r multi - structure or multi -lot developments. These standards s i d be i _, esti dted prior to the initiation of site preparation if a ch egg of sped flood hazard area designation will be requested. homes and recreational vehicles: Approval r new Manufactured home parks and -expans ens to existing ting 'man f :_tared home p w shall be permitted only if permitted in the underlying zoning district and shall be subject to consideration of all the standards for flood fringe uses. b. The placement of new or replacement manufactured homes in €-xi4ing- _manufactured home parks or on individual lots of record that are located in flood 4a-infloodplain 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 � LM not be allowed until the property owner(s) 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. �. d. Recreational vehicles shall not butted except for of storage while not in use. nrffWde. : 'e�* r +h (1) It has currea0enses required for H ,- gy use. (2) It is higlfwa ady which hall mean on heels or the internal jackin s ste , ares attached to the site only by quick disconne¢ ., e utilities commonly used in IS grounds and recr Tonal vehicle parks and has no peiffmanen structural type additions attached to it. (3) It is ermi fftpndcr the ugderlying zoning district. Recreati I velu.les—UhafAvould be otherwise exempt from this Section fates listed ve are n xempt when development occurs on the parcel eeeedinQO fo a structural addition to the recreational vehicle or exceeding $SO or an accessory structure such as a garage or storage bug. TI ecreational vehicle and all additions and accessory struces will then be treated as a new structure and shall be subject to the elation/flood proofing requirements and the use of land restrictions specified in this Section. There shall be no development or improvement 'o the parcel or attachment to the recreational vehicle that hinders the emoval of the recreational vehicle to a flood free location should flooding occur. e. New e0h-IfflMial Feereatienal vehiele now •d t l 4 subdivisions °vr parks OF eaflVgrounds an d .a .y N •1 _____ ____ _._r ...__.,_.. __ ..� ......J _., ...,�...b and the expansion of an), existing units or sites be di � /G) .,.....uu use vwvvun -rg it�C- �✓� cot te the fellewing, b shall subj O Subd. 6 l... . i y 5. Peed , lood 1p in develop ents shall o adversely affect the hydraulic capacity of�he c�h e' ari �ad':c3ming flood flood plain of any fiributary watercou ee or drainage ystem where a floodway or other fncroahment limit has nbt been specified on the Official floodplain zoning clsi ict Mmap. plain evalua WI r e' uY . W ation. czn receipt of an application for a building permit, conditional use ern .,. - rianc ured c: e park or a new development, use or subdivisioriz -a • rovalhin the floodplain district, the city shall require the applicant to IWsh s ficient site development plans_ Floodway and flood fringe delineations and 100-year flood elevations that are provided in the flood tMiance stud and flood insurance rate snap panels adopted in Subd. 3.13 of this tion this r � r �y o t nature of the development a n t Proposed «sei-s b elevation for- t ° ,it-° Procedures consistent with Minnesota Rules (Technical Standards and Requirements for Floodplain Evaluation and Minimum Floodplain 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 -56 (A) of this section to the department of natural resources' area hydrologist for review and comment at least ten days prior to the granting of a l401 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 Counmissioner of the Department of Natural Resources no less than 10 days prior to a hearing on the application for a conditional use permit variance, or subdivision, if a hearing is required. C. Certification of lowest floor elevations. Lowest floor elevation shall not be permitted below the €leed-lin regulatory flood protection elevation unless the structure is floodproofed in accordance with the provif this ordinance. The applicant shall be required to submit certific, engineer, registered architect, or registered h building elevations were accomplished in co: section. The community development direct, record of the elevation of the lowest (o : (ir or additions, to existing structures e floo Subd. 7. Special provisions for floodplain variances A. For floodplain regulation,? u permitted development stan section, to allow an altern the official control, but only alleviating a hardship, pract: elaborated_ ,in the city's B. The;- ficil may a ..� I from theflo�odplav only for the ose'cire ; �c aumstan c%nc, state enab'lin l g 91n granting ch a z , specific codion ' ' legislation which i ot_ erwise be roce chap er. No -.1 ran Drote" is than the a registered professional o that the finished fill and ce s -> the provisions of this of ect la=nner shall maintain a basemen: R£or all alterations district. an e ans a modification of a specific in an o ='c'al control, including this ,nt stan ar" _` of stated as acceptable in g,a articul, property for the purpose of Zor.�-trigtie circumstance as defined and prize, upon appeal in specific cases, such relief or variance lations as �Hl not be contrary to the public interest and ancessuchas hardship, practical difficulties or to : roperty under consideration, as provided for in the on for planning and zoning for Minnesota cities. In the Dance, the council shall clearly identify in writing the Lists consistent with the criteria specified in the enabling fled the granting of the variance. The variance shall J in accordance with the variance regulations in this hall have the effect of allowing a lower degree of flood area varianceK ill not be granted if any increase in flood levels during the base flood discha "ige would result. A variance will not be granted if the proposal does not provide the least restrictive relief considering the flood hazard. fraud on or victi nization of the public, with existing laws or ordinances [sfh lSD Sctbd. 8. Subdivision of land within. Floodplain. A. Review Criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment 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 of this 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. For all subdivisions in the €leach phi -nfloodplain, the Floodway and Flood Fringe Distric%undaries, the regulatory flood protection elevation and the required tjon of all access roads shall be clearly labeled on all required subdi_ on drawings and platting documents. This subdivision shall apply to thee: A e o ment of a manufactured home park, if otherwise ennitted by the underl ving M adistri-etre ulations. B. Removal of Special Flood Hazard Are , ' esig ation. The Fo. er, 1 Emergency Management Agency (FEMA) has es ablished riter'a for remov, the special flood hazard area designation for eert: _ structes properly eleva ;on fill above the 100 -year flood elevation. FE `,- : 's .e irepents incorporate specific fill compaction and side slope protection a : ards for multi- structure or multi - lot developments. Thes . tandards should .. estigated prior to the initiation of site preparation if a ch ge o special flood haza..d area designation will be requested. Subd. 9. Public utilities, railroads, roads, A. Public W'Pities l�public utilities and facilities such as gas, electrical, sewer, and t 1. supply systems to be loo�ted in the €les' floodplain shall be flood proofed¢f ccordance with the Stafe""`��uilding Code or elevated to above the regulatory flood. rotecnelevat. n. x B �Publiclk# ill ortiitao & acilities. Railroad tracks, roads, and bridges to be located withi o lain shall comply with the provisions of the Section. Elevation regulffory flood protection elevation shall be provided where failure or intrrption of these transportation facilities would result in danger to he public health or safety or where such facilities are essential to the orderly f c.'oning (I he area. Minor or auxiliary roads or railroads may be constructed at al'owere e ation where failure or interruption of transportation services would not enarger the public health or safety. o 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 minimize 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. 6 I Subd. 10. Nonconforming Uses. A stricture 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 Subds on, B. No such use shall be expanded, changed, enlarg d, o al eyed in a way which increases its nonconformity. C. A structural alteration within the �ins'ddFdimensions of a nonco ng use or structure is permissible provide i 'zes flo0 resistant maternal 't cordana with an of the flood roofin cli icai, ns i e -1 thru FP -4 Towable in the State Building Code so as not to rest 1 in reAi g the flood famage potential of that use or structure and as fu r estricted in Subd. 10(D) and Subd. 10 (F) of this sect structural addi o a o a structure must be elevated on fill to the regulatory flo� rotection eleva ion,_ ,, -- erwise flood roofed in accordance with this Section.. D. The cost all t. , ctural alterao>s or addit obis to any nonconforming stricture over tl le if o 'tl ructure shall of exceed 50 percent of the market value of the structure unless ate conditons�f this Section are satisfied. The cost of all structurallteratio and additions At include all costs such as construction materials anted a easo a')Te cos of_labor. If the cost of all previous and proposed �}i tons and dditions xce 0 percent of the market value of the structure, then tisicture : -nst meet the standards set forth in this Section for new E. h If any nonconforming use of a structure or land or nonconforming structure is Rmaged, it shall not be reconstructed except in conformity with the dons o; f�_`1 Section. The Chief Building Official may issue a permit for reco— _ cbion if the use is located outside the floodway and, upon ion, is adequately elevated on fill or otherwise floodproofed in conformty with the provisions of this Section. F. If a substantial improvement are is 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 nonconforming structure must meet the requirements of this Section for new structures, depending upon whether the structure is in the floodway or flood fringe. Ea 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. 11. Amendments to Floodplain Regulations. The floodplain designation on the Official Zoning Map shall not be plai-nfloodplain areas unless it can be shown that the designation is been filled to or above the elevation of the regulatory flood protect' to lands outside the #feed Aainfloodplain. Special exceptions to Commissioner of Natural Resources if he /she determines tha , t of adequately protected for the intended use. All amendments to this section, including amendmen'to the submitted to and approved by the Commissioner , al R floodplain designation on the Official Zoning Map mus eat Management Agency's (FEMA) Technical Conditions anCr approval. The Commissioner of Natural esources must be public hearings to consider an amendmen °to> his Section and the amendment or technical study under co i. e_ tioa Subd. 12. Administration. noy from fload : ' oT that the area has elevation and is contiguous N1 may be permitted by the o er measures, lands are Zoning__ T u t be first . Any amendent to the and must first receive FEMA 10 -days written notice of all notice shall include a draft of A. State a �' federiil a m'ts. Prior'fE granting a permit or processing an application fore cond tional use permit or varance the Zoning Administrator shall deter ii ,o1 at the pplicant has ob�ied all necessary state and federal permits. ti B. Car Kate of z ang comp Lance for a new, altered, or nonconforming use. It sha av ox se, occupy, or permit the use or occupancy of any building or premis s part thereo :hereafter created, erected, changed, converted, altered, or enlarge din 'ts use "structure until a certificate of zoning compliance shall have been is U by tRe Zoning Administrator stating that the use of the building or land conforms to the requirements of this section. C. C017StPuctl, if and use to be as provided on applications, plans, permits, variances and ce r icates ofzoning compliance. Permits, conditional use pennits, or certifi�tes 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 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 I5 with the provisions of this section. Flood proofing measures shall be certified by a registered professional engineer or registered architect. E. Record offirst floor 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 floed phn floodplain. 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 insurance notice and record keeping. The Chief Building Official or City Planner shall notify the applicant for a variance that: 1), he issuance of a variance to construct a structure below the base floods eve k\y.ill result in increased premium rates for flood insurance up toga ounts as high as $25 for $100 of insurance coverage and 2) Such const c'i - - ow the 100 -year or regional flood level increases risks to life and -- opert ' • %ch notification shall be maintained with a record of all varian tioxgs. The shall maintain a record of all variance actions, includin I stiff ation for the r suance, and report such variances issued in its annual , r biennial eport submitte ,% e Administrator of the National Floo uranceoaram. Section 2. Eagan City Code Applicable to the Entire City Code Inc "Violation a Misdemeanor" are hereby verbatim. Section 3. ATTEST: entitled `10R. Provisions and Definitions ilty for Viand Section 11.99, entitled entir- rence as though repeated take effWfon .2012. EAGAN By: Christina M. Scipion ._ By: Mike Maguire Its: G,Clerk Its: Mayor Date Date Ordinance Publsjed nilie Legal Newspaper: Date of Advisory Planning Coinnussion Hearing: 45'} Agenda Information Memo November 7, 2012, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — BUILDING MATERIALS OUTLET ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial), a Conditional Use Permit (CUP) to allow outside storage of trailers, building materials and trash and recycling containers, associated with a Site Plan on the 16 -acre site, located at 3045 Sibley Memorial Highway subject to the conditions listed in the Advisory Planning Commission (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 right -of -way to the east. Park property is adjacent to the north. Access to the site is from Sibley Memorial Hwy. ➢ The main building was constructed in 1957 and outdoor storage has been part of various operations on and off since that time. A CUP for outdoor storage was approved in 1997 and two consecutive five year Interim Use Permit's (IUP's) were approved in 2007 and 2012. ➢ Four storage areas are defined by a Site Plan and accompanying list of items to be stored. ➢ The proposed storage areas are in similar locations as the previous outdoor storage on the property. The three outdoor storage requirements that are not met include enclosure, screening and surfacing. City Code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, some areas for the proposed storage are on a gravel aggregate and a recycled bituminous surface. ➢ The acceptability of continued use of gravel surface and recycled bituminous in some storage areas is a policy matter for City officials. ➢ The APC is recommending 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 and the gravel surface areas, as proposed. The APC held a public hearing on October 23, 2012 and is recommending approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: November 18, 2012 ATTACHMENTS: (3) Location Map, page 15(p October 23, 2012, Draft APC minutes, pages through )5M Planning Report, pages tW through 1 Location Map 0 500 Project Name: Building Materials Outlet/ Sowles Properties Request: Conditional Use Permit Case No.: 09- CU- 11 -09 -12 City of Eap 1 —I I Feet 1,000 2,000 Legend Parcels Buildings Parks 196 IN i mccity Boundary N Advisory Planning Commission October 23, 2012 Pages Page 2 of 12 IV. PUBLIC HEARINGS A. Building Materials Outlet / Sowles Properties Applicant Name: BMO MN, LLC Location: 3045 Highway 13; Part of Government Lot 2, Section 9, Township 27, Range 23 Application: Conditional Use Permit A Conditional Use Permit to include outdoor storage of trailers, buildi shingles, siding, architectural stone, lumber, and other general build] File Number: 09- CU- 11 -09 -12 Planner Thomas introduced this item and highlighted the i report dated October 18, 2012. She noted the backgrou!� Member Filipi stated condition number 10 should The applicant shall provide the City a soil- bor%n.�lo 735.0 ft. Mean Sea Level before the City approve indicates incompatibility of soil permeability with plans, the applicant should sha f I . ise the desigr §4.33 requirements for volume co; met. Member Piper confirmed that the nonconf rxepted the CUP discussion. He asked for staff clarilcation�feard City Engineer Gorder Member Dugan fu City Engineer Gorder expl; generally behmdt uildi will ben burden. the City. He e 4 Jned t� t e Fire Department had reviewed and signed off on the plans Member S F inquired ed Ar erif ate. Angie Ribar, Building Materials Outlet, discussed the history of the Conditional Use Permit to Interim Use Permit in 2004 and explained that the trailers in Areas 1 and 3 are moved on occasion so landscaping may prove difficult. She stated they prefer option 8 B, rather than 8 A because the existing conditions are performing well. She stated concern with the landscaping requirements for trailers (Condition 13) and the 50 foot setback requirement in Condition 14 A. ry. as follows: Is such as Is d in the City Staff I -Opta to a minim elevation of ;ding permit. If th soil- boring log submitted and reviewed design r construction plans to ensure by the 1€split were not germane to ina surface materials. that are4�ake'ady bitur ous will remain bituminous. uired abet the surfacirg materials and on -going inspections. t k ` avel wo , la be used in low turnover areas located n at a `o ion. He explained that continued inspections rma :o ny Con di io al Use Permit and will not add an abnormal Planner Thomas s that she is waiting would be appropriate. abdr,if%Area 4 being enclosed. Are will include an enclosure that will contain the propane cage and iQ `ion on specifics. She stated modifying condition number 14 C Ted Carlson,Carlson Commercial, added that the proposed storage on the site would be less intense than what was present for the last 50 years. l 5`7 Advisory Planning Commission October 23, 2012 Pages Page 3 of 12 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. Chair Heaney stated he will be abstaining from voting on this item. Member Supina asked about the 50' setback requirement. City Attorney Bauer stated the setback is required by City Code and arty ,deviation would require a Variance. Member Dugan stated his concern that the CUP allows the us, de:` i ely and that it stays with the land even if the property changes hands. „ r, Member Supina stated he was comfortable with Cond�fidfi'TB he believes4`Co_ dition 13 is general enough that the applicant can work with Cit. Fstaff to address the requ fa ent and that the 50' setback is a reasonable requirement that be md1ptained. Member Filipi moved, Member Piper seconded a motio . mmbnd approval'of a Conditional Use Permit to allow storage of trailers, buildl aterials and trash and recycling containers upon a 16 -acre site, located t 45 Sibley Mem ighway, legally described as Part of Government Lot 2, Section 9, To 7, Range 23, sfefct t the following conditions as amended:" 1. This Conditional Use Permit shall be rec&ded . f�"0�V`=a ,, unty within 60 days of approval by the City Council aadi ,© ,of its recordi rovided Wife City. 2. The outdoor storages sliaii �� limited to those items approved and located in the outdoor storage area as ode tTfied on ft Site Plan redNved October 8, 2012 (as revised). 3. No additional outdoors t rage hall be allowed 4. All parking and storag `�6�easgs_eall b properlymaintained to prevent deterioration. 5. The appl' - n s all install ' oark�gE =' Lane signs on both sides of the emergency acces .oa s .o •F "Fir t_ e" on thete Plan, spacing to be every 100 feet apart, in a for rtacceptable to ity Fir rshal. 6. X Department lockbox or padt shall be located at all gates to provide emergency acces required by tF ire ent. 7. The pr y owner shall{ fie responsible to maintain this storm water system in accordance with City g'neering /wader quality standards, under a maintenance agreement in a form acceptable t #ie. City Attorney. 8. Aggregate surFa u g for the current outdoor storage areas will be subject to periodic review by City st r adequacy of the material to control dust and drainage. The first review will occur t o 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 reconstruction of the proposed outdoor storage areas, and infiltration basin 10. The applicant shall provide the City a soil- boring log with data to a minimum elevation of 735.0 ft. Mean Sea Level before the City approves a grading permit. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall should revise the design and /or construction plans to ensure §4.33 requirements for volume control are met. 09 Advisory Planning Commission October 23, 2012 Pages Page 4 of 12 11. The applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. 12. The applicant shall be responsible for annual inspection and maintenance of the stormwater management feature and for providing the City documentation of these activities. 13. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff to provide screening of parking and storage areas from the Hwy 13 right -of -way. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by June 1, 2013, 14. The applicant shall revise the Site Plan received October 8, 2012 to delineate the following: a. Area 1 — two dumpsters, security fence and gate details height and material); all storage to remain behind the front setback line which ' e ified as 50' off of the Highway 13 property line. b. Area 3 — semi tractor, racking, pallets, A -Frame cart c. Area 4 — Propane cage and security fence detail f 15. The applicant shall obtain a building permit for the ri fence i er 6 feet or a zoning permit if 6 feet or under and complete required ii, ec'fIns within 6 days of issuance of said Building Permit.F 16. All signage shall meet City Code standards. 17. No hazardous materials shall be stored on the pro,`x . 18. The applicant shall provide a Maintenance Plan for fE el o tdoor stora a area (Area 3) to address weed control and removal of brush and oth etative growth. 19. The damaged light pole located in Ar 1 shall be replace 20. Retail sales are prohibited. 21. All required site improvements shall oc ter �, 1, 2013. All voted in favor. Motion carried 5 -0. Chair Heaney abstained fM""% g on this Jp\ PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 2012 CASE: 09- CU- 11 -09 -12 APPLICANT: Building Materials Outlet MN Inc HEARING DATE: October 23, 2012 PROPERTY OWNER: Sowles Properties APPLICATION DATE: Sept. 19, 2012 Limited Partnership & Valley Bldg. Products, Inc. REQUEST: Conditional Use Permit LOCATION: 3045 Sibley Memorial Hwy COMPREHENSIVE PLAN: IND, Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST PREPARED BY: Sarah Thomas The applicant is requesting approval of a Conditional Use Permit (CUP) to allow outside storage of trailers, building materials and trash and recycling containers upon a 16 -acre site, located at 3045 Sibley Memorial Highway, legally described as Part of Government Lot 2, Section 9, Township 27, Range 23. 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. IL$�7 Planning Report — Building Materials Outlet CUP October 23, 2012 Paee 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 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 subject site was acquired by Sowles Properties Limited Partnership in December 2002. Prior to that, it was occupied by Lull Industries. The main building was constructed in 1957 and it appears outdoor storage has been part of operations at this location since the site was developed. In 1994 a CUP was issued for Lull Industries for outdoor storage of parts and equipment related to Lull's fork truck manufacturing operations. In February 2004, Sowles received approval for a 3 -year Interim Use Permit (IUP) for outdoor storage of a 113 -foot tower crane, equipment, materials and vehicles at this site. Two separate 5- year term IUP's were approved in both 2007 and most recently on March 6, 2012, to allow the outdoor storage of a 113 -foot tall crane, miscellaneous equipment, parts, trailers, cranes, vehicles and items related to the various businesses onsite. The owner recently received approval of a lot split at Dakota County, to separate the southern portion of the property, what was Area 6 of the Sowles IUP. This lot split created non - conformities including a building crossing a property line, structure and parking setback requirements not being met, and concerns regarding utility connections, fire protection and access. Irrespective of this request, City staff will need to work with the property owners to address these non - conformities. �(J I Planning Report — Building Materials Outlet CUP October 23, 2012 Page 3 Building Materials Outlet has been in operation for over 40 years. BMO is currently located in a Limited Industrial area off Highway 55 near Blue Water Road. BMO received approval for a three year IUP in 2007 and a subsequent three year approval in 2010. Their lease and IUP approval are set to expire in March of 2013. EXISTING CONDITIONS The site was largely encompassed with outdoor storage of miscellaneous items which included trucks, trailers, and cranes, fork trucks, tower sections, steel beams, etc. These items have recently been removed from the property. There are two office /warehouse buildings on the property comprising 58,990 sq. ft. and 71,527 sq. ft. The smaller building is located on the north side of the property and has had numerous additions over the years which ultimately connect to a smaller structure on the newly created lot to the south. Parking is located in front of the main building along Highway 13. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The site has had miscellaneous items stored outdoors for many years. The present request is for trailers, materials and trash and recycling containers associated with the Building Materials Outlet operation. Site Plan — The applicant proposes outdoor storage in various locations throughout the site. No new landscaping is proposed. The applicant proposes to utilize building mounted lighting as well as existing light poles for Area 1. A recent site visit determined that one of the light poles has been removed, as only the base was remaining. The applicant should replace this light pole. The submitted Site Plan breaks the property up into four areas. Each area has certain items associated with it as described below. 4 (.0&` Existing Use Zoning Land Use Designation North Park P, Park P, Parks, Open Space and Recreation South Industrial I -1, Limited Industrial IND, Limited Industrial East Hwy 13, Single family residences R -1, Residential Single LD, Low Density residential West Industrial and Park I -1, Limited Industrial; P, Park IND, Industrial; P, Parks, Open Space and Recreation EVALUATION OF REQUEST Compatibility with Surrounding Area — The site has had miscellaneous items stored outdoors for many years. The present request is for trailers, materials and trash and recycling containers associated with the Building Materials Outlet operation. Site Plan — The applicant proposes outdoor storage in various locations throughout the site. No new landscaping is proposed. The applicant proposes to utilize building mounted lighting as well as existing light poles for Area 1. A recent site visit determined that one of the light poles has been removed, as only the base was remaining. The applicant should replace this light pole. The submitted Site Plan breaks the property up into four areas. Each area has certain items associated with it as described below. 4 (.0&` Planning Report — Building Materials Outlet CUP October 23, 2012 Paae 4 AREA PROPOSED STORAGE ITEMS 1 Exterior Building Materials — Including but not limited to shingles, siding, architectural stone, lumber, granite and pallets, not to exceed 10 feet high. The area will be fenced with a gate access. Material type and quantity will fluctuate with quantity at a minimum during the winter months. Two dumpsters proposed outside the north loading dock. 2 Trailer Parking — Three 53 foot semi - trailers, 14 feet tall, used for temporary staging of materials. Trailers are typically empty. 3 Temporary Storage — Pallet racking, Pallets, A -frame carts, 12 trailers and a semi - tractor. Items to be stacked 10' in height and trailers 14'. 4 Dumpsters and propane cage — Garbage and cardboard dumpsters. Existing 120 sq. ft. propane cage. Approximately 20 propane tanks are refilled weekly and utilized by the forklifts. Airport Considerations — Section IV of the Minneapolis St. Paul International Airport Zoning Ordinance, Airspace Obstruction Zoning, defines protected airspace areas. The subject site does not fall within a Land Use Safety Zone according to Minneapolis St. Paul (MSP) Zoning Map Safety Zones Plate SZ -29. The subject site is within Airport Noise Zone 4. As an industrial land use, the proposed activity is permitted within this zone. Green Space — City Code requires green space to be a minimum of 25 %. The proposed development plan identifies 33% green space, including a slight increase of 3.5% over existing conditions. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Access — Access to the site is currently from the driveway entrance onto Highway 13 and will remain unchanged with this development. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Stormwater Management /Water Quality — This property is subject to the City's post construction requirements (City Code §4.33) for stormwater management and surface water quality. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control — performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. �0�5 Planning Report — Building Materials Outlet CUP October 23, 2012 Page 5 According to §4.33, redevelopment projects such as this need primarily to meet requirements for stormwater associated with increases in impervious surface, as compared to the original development. The applicant proposes to absorb runoff from additional impervious surface (0.57 ac) using an infiltration basin. Eagan staff has reviewed the applicant's design plans for the infiltration basin and finds it meets §4.33 requirements for volume control and reduction, total phosphorus control, and total suspended solids control, if it is sited appropriately on permeable soils and constructed and maintained properly. The property owner should be responsible to maintain this storm water system in accordance with City engineering /water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. Parking/Storage Areas — The existing site generally slopes towards the north and west. The applicant proposes to resurface the existing area labeled as Area 1 with recycled asphalt aggregate (bituminous). The parking lot labeled as Area 2 is currently paved with bituminous surfacing. The applicant is proposing to maintain the areas labeled as Areas 3 and 4, and fire lanes with the current gravel aggregate surfacing. A field review indicated the gravel sites are in generally good condition, with no significant rutting or erosion occurring. The applicant is not proposing to construct the perimeter of the outdoor stage areas with concrete curb and gutter. Instead, the applicant proposes to meet City Code requirements by providing a fence as a barrier to drive -over, and the infiltration basin to accommodate drainage. 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. 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 asphalt aggregate surfacing for outside storage areas under Conditional Use Permits. Those permits that have allowed recycled asphalt 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 approved or the conventional gravel aggregate continues to be used, such periodic review should again be a condition of approval. If, upon review, the recycled bituminous aggregate surface or gravel surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the reconstruction of the proposed outdoor storage areas, and infiltration basin. Landscaping — The applicant is not proposing additional landscaping on the site. A mix of mature coniferous and deciduous trees are located in front of the main building; however, there is little landscaping to provide relief from the view of the parking lot from Hwy. 13 right -of -way. The applicant should provide a Landscape Plan to screen the existing parking lot and the proposed outdoor storage of Area 2 (three semi - trailers) that will be visible from Hwy. 13. Tree Preservation — No new development and no tree removal is proposed. � (0y Planning Report — Building Materials Outlet CUP October 23, 2012 Pap-e 6 Fire Protection — To provide and maintain emergency vehicle access, No Parking Fire Lane signs should be installed on both sides of the emergency access roads noted as "Fire Lane" on the Site Plan, spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. Additionally, a Fire Department lockbox or padlock should be located at all gates to provide emergency access. Outdoor Storage — In addition to the requirements for a conditional use permit listed previously, City Code Section 11.70, Subdivision 22, C2, lists performance standards for outdoor storage as follows: a) Outdoor storage items shall be placed within an enclosure. All such enclosures shall be attached to the principal building except in the Limited Industrial district. The proposed outdoor storage areas are not all within an enclosure. Areas 1 and 4 are proposed to be fenced. The height and type of fence is unknown. The applicant should revise the Site Plan and include the fence and gate details. Areas 2 and 3 are not proposed to be enclosed. Area 3 is located to the rear of the property, behind the buildings and is for employee use only; however, due to the existing location of dock doors, the outdoor storage described as Area 2 is proposed in front of the north building, within the existing parking lot. b) 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 Site Plan identifies four areas for outdoor storage. Since the property is adjacent to Highway 13 the required building setback is 50 feet. The outdoor storage for Area 1 is not delineated and it would appear (per a staff graphic) that a portion of the outdoor storage is proposed in the front yard. The 20 foot side yard setback appears to be met. The applicant should revise the Site Plan to delineate the outdoor storage in Area 1, and maintain the 50 -foot setback. c) 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. There are no adjacent properties designated for residential use; however, due to the topography in the area, the site is visible from Hwy. 13 and the residential uses east of Hwy. 13. Some storage items are screened by existing trees and the main buildings. As previously mentioned regarding Area 2, the existing dock doors on the north building face Hwy. 13 and the three proposed trailers to be stored in that location are visible from the right -of -way. c0, 9 Planning Report — Building Materials Outlet CUP October 23, 2012 Page 7 The applicant should provide a Landscape Plan to provide screening of the parking lot and Area 2 outdoor storage from Hwy 13. d) The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage areas consist of a variety of bituminous, recycled bituminous and gravel areas. The items are stored in an orderly fashion, which should not interfere with pedestrian or vehicular movement. Pedestrian and vehicular movement is limited throughout the site. A 24 foot clear drive aisle for fire and emergency access should be maintained on the north side of the northerly building and within all storage areas. e) The storage area shall not take up required parking spaces or landscaping areas. Based on the use of the property the availability of off - street parking is met. The proposed storage areas are not landscaped. f) 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 areas are surfaced with bituminous, recycled bituminous and gravel, which were previously discussed. The gravel storage areas should be maintained to clearly define the boundaries for allowable storage, and to periodically remove vegetative growth in these areas. The applicant should provide a Maintenance Plan for the gravel outdoor storage area to address weed control and removal of brush and other vegetative growth. Retail Sales — As part of the review of BMO's IUP for their current Hwy. 55 location, discussion of retail sales occurred. The I -1 zoning district permits "warehousing, wholesaling and related sales and showrooms." The applicant had explained that the occasional retail sales that do occur with their business are consistent with the intent of the City Zoning Code and the referenced "related sales." Further, the applicant had stated that while BMO is in the wholesaling business and the majority of sales are to contractors, they contend that the occasional retail sales that do occur "are related [to their wholesale business] because they are the same goods that are usually sold wholesale." The applicant also contended that prior occupants of the site conducted retail sales from the 1960s through 2007; however, staff is unaware of previous retail activities at the subject site. Being that the proposed location is also zoned I -1, retail sales to the general public should not occur. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit for four outdoor storage areas to allow outdoor storage of trailers, building materials and trash and recycling containers. G Planning Report — Building Materials Outlet CUP October 23, 2012 Paae 8 No new construction is associated with this proposal other than the surface improvement of one of the parking areas. The site is located in an industrial area. The proposed outdoor storage partially satisfies three of the six outdoor storage criteria. The outdoor storage standards not met include an enclosure, screening and surfacing. A full enclosure may not be necessary given the re -use of the site, location and surrounding uses. The proposed outdoor storage surfacing is unique; City Code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, some areas for the proposed storage are on a gravel aggregate surface. Conditions which are satisfied include certain setbacks, parking, and access /circulation. City policymakers should determine whether a full enclosure is necessary. City policymakers should also determine whether recycled bituminous and gravel are appropriate for the outdoor storage areas. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow storage of trailers, building materials and trash and recycling containers upon a 16 -acre site, located at 3045 Sibley Memorial Highway, legally described as Part of Government Lot 2, Section 9, Township 27, Range 23. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. The outdoor storage shall be limited to those items approved and located in the outdoor storage area as identified on the Site Plan received October 8, 2012 (as revised). 3. No additional outdoor storage shall be allowed. 4. All parking and storage areas shall be properly maintained to prevent deterioration. 5. The applicant shall install No Parking Fire Lane signs on both sides of the emergency access roads noted as "Fire Lane" on the Site Plan, spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. 6. A Fire Department lockbox or padlock shall be located at all gates to provide emergency access as required by the Fire Department. 7. The property owner shall be responsible to maintain this storm water system in accordance with City engineering /water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. (09 Planning Report — Building Materials Outlet CUP October 23, 2012 Paae 9 8. (A.) The proposed outdoor storage areas shall be surfaced with concrete or bituminous asphalt. •' 8. (B.) Aggregate surfacing used for the outdoor storage areas 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 reconstruction of the proposed outdoor storage areas, and infiltration basin. 10. The applicant shall provide the City a soil - boring log with data to a minimum elevation of 735.0 ft. Mean Sea Level before the City approves a grading permit. If the soil - boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant should revise the design and /or construction plans to ensure §433 requirements for volume control are met. 11. The applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. 12. The applicant shall be responsible for annual inspection and maintenance of the stormwater management feature and for providing the City documentation of these activities. 13. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff to provide screening of parking and storage areas from the Hwy 13 right -of -way. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by June 1, 2013. 14. The applicant shall revise the Site Plan received October 8, 2012 to delineate the following: a. Area 1 — two dumpsters, security fence and gate details (height and material); all storage to remain behind the front setback line which is identified as 50' off of the Highway 13 property line. b. Area 3 — semi tractor, racking, pallets, A -Frame cart c. Area 4 — Propane cage 15. The applicant shall obtain a building permit for the security fence if over 6 feet or a zoning permit if 6 feet or under and complete required inspections within 60 days of issuance of said Building Permit. 16. All signage shall meet City Code standards. 17. No hazardous materials shall be stored on the property. <O Planning Report — Building Materials Outlet CUP October 23, 2012 Paf4e 10 18. The applicant shall provide a Maintenance Plan for the gravel outdoor storage area (Area 3) to address weed control and removal of brush and other vegetative growth. 19. The damaged light pole located in Area 1 shall be replaced. 20. Retail sales are prohibited. 21. All required site improvements shall occur by June 1, 2013. Locati ®n Map IIm � -� Lone Oak Rd Yankaa Dooille DIM Rd t Cliff Rd asar,,nmwm ppaas Map Area Extent Fort Snelling State Park M Subject Site s =r J CCA THY RD �T co EB FOUR OAKS RD 0 0 O Z <00 ® U V _ O U Feet 0 500 1,000 2,000 Project Name: Building Materials Outlet/ Sowles Properties Legend Request: Conditional Use Permit Parcels Case No.: 09- CU- 11 -09 -12 Buildings i Parks / City of Eap iii,,, City Boundary 1 N City of Eap Current Zoning and Land Use Map Application: Building Materials Outlet/ Sowles Properties Type: Conditional Use Permit Case No.: 09-CU-11-09-12 Zoning 1-1 Limited Industrial District Land Use Plan IND Limited Industrial N 0 300 600 1,200 = Feet Subject Site P P �� J � j % 1 lid �� R I E`\ ED \\ 1V-1 \ 7 y� ,x- h a VIA ,yj. A [ ,z �y'� > c $ a 1 `s Sufi' Wit'' �:5 t ��•A �'z �;*��' - � F ��' 9 i r r'c. 4 ix� f,�3,. 2 ;$ �'t� t� i y4�$�' ,�r1,. i�d -�-�'� . '� ,>s 10"4M - j {ct;?', EV 1 yi ;ice i `arxt fR11-1 TM, F= Z a X % r �1 r.! _. y, r. �`�ti� �"a•.. �``^";` � �� ai` � t ( � "`"'�� tea; ., I _ � € MMMM zj m A, i ¢¢ t --------------- SITE PLAN OWNER: STATE OF MINNESOTA - — - — - — - — - — - — '00(1� '0, 'c{i C�.' \�`1\ \• 1`1 1 V\\\`yr�v ; oao 63- 44 > Q ti Q? .... ..... . m 0 > # ...... . ...... f ....... ... :-. rri K i L --- 9 i I v Hig CD "Rig s C-) Hai I 0, 1 t; z Plia cl nmmmk-- t?� '-j In SITE USAGE PLAN Issued 1-11 by dF —E & 4ssociates, Inc. BUILDING MATERIALS OUTLET CITY OF EAGAN tr73 EXISTING CONDITIONS OWNER: STATE OF MINNESOTA < . ...... ...... . .... . ......... 'Y 14' N" Ln > T iA \91.0 -1 - e:o O 14 -�� ,�.) ` Yak 7 / � Z ul STORM WATER MANAGEMENT PLAN BUILDING MATERIALS OUTLET CITY OF EAGAN A",- %—zz .... . . . ...... .... . 9- 7 10 �q l X ; ^6' -I 5-nK N g n xmmmp--Z ---- Am- STORM WATER MANAGEMENT PLAN BUILDING MATERIALS OUTLET CITY OF EAGAN A",- %—zz .... . . . ...... .... . - M4 7 g n Issuej- - M4 C--) m m q= KRA m- cn m STORM WATER MNGT PLAN R. STNTE OF .. ......... .... ................. . . : .. .... .. .. . r ��� ` \♦� P ?\ \\ t i �i i I X� ,/. s ?1.�.. ( I ry ` ' 1\.\ �1 \f s�....,` ,�t / \{ \ \r�,� 7 i D. >\ L Yh �\ S t ............. o F, Nn -s (2) It . . . . . . . ----- STORM WATER MANAGEMENT PLAN Issues & 4ssociates, Inc. BUILDING MATERIALS OUTLET V, CITY OF EAGAN V7 .......... o F, Nn -s (2) It . . . . . . . ----- STORM WATER MANAGEMENT PLAN Issues & 4ssociates, Inc. BUILDING MATERIALS OUTLET V, CITY OF EAGAN V7 Proposed BMO Site - Setback Area Feet 0 75 150 300 N W+ E l(/ S WRfTTEN NARRATIVE' Building Majeri.�I.js ()utlet Midwest, file.. 3 Application flo 3045 Highway 13 Eagan, MN 55121 " Conditional Use Permit to Allow Outdoor Storage -Property Identification Number 10- 00900 -26 -011 ZZ, October 1, 2012 To: City oflHagan Re: ('011ditional Use Permit Subject: 3045 I-lighway 13 Legal Description Part of Government Lot 2, Section 9, Towel. ship 27. Range 23. PID 410- x10900 -26 -01.1 location. _3 )045 Highway I n 13ackground/FlIstory Bid ding Matcrjals Outlet Midwest, Inc. (131'00) is a family-owned and operated business (formerly known Company) that has been in operation for over 40 years, and. has operated on. and 'off in Eagan ("annon Recovery Corlij n S since 1963; ? in addition all three owners have lived in Eagan dating back to 1955. 13MO currently leases space oil Highwa\ 55 and BN40 is looking .for a permanent home in Eagan. BMO is OPCTI six days a week.: 'Monday thru Friday, Sam — 4:30pril., Wednesday gam -8pn;i and Saturday 8arn-2pn1. 13MO currently employees I I ' fulltirne eniplo.yees and I part-time employee, and six of the twelve are Eagan residents. 'The applicant is under contract to Purchase this site, but is in need of conditional use permit to accommodate operational requirements, ''lie Applicant sells building materials to contractors at wholesale prices, including mane bulk sales to colltractors. Because much of the Applicant's inventory is purchased and sold in bUlk, some of the goods sold by the Applicant need to be stored outdoors 'I'lie Applicant is requesting a Conditional U*Tse Perniit to allow it to maintain the existino outdoor storage in the locations shown oil -tile survey that is being SLIbillitted with the ZZ! Application. 'I'he Applicant is not seeking to expand the scope of the existing outdoor storage. B_NfO currently OCCUpiCS a Site located at 2795 Highway 55 E in Eagan. with an interim tJse Permit �,vhich expires at the end of the lease. BM(Ys current site is a 6 acre site with 112,000 sf building where exterior building materials, pallets and semi trailers are currently stored outside of the T building, C� he new site is I I 9.015sf with 1, 7.15 acres which allows for n-iore indoor storage and a larger outdoor storage area to keep the materials more organized and out of sight. In 1994 Lull Industries was granted a Conditional U Ise Permit to a] low outdoor storage of equipillent and materials. At that time the site was improved with; water main systell, with hydran1s, bituminous paving on the south portion of the site -for dust cOtltl'()I. concrete curbs., gutters and catch basins for erosion Control as well as free standing lighting and building mounted lights ghts for safety and site security. M Page I of 3 C E I V E C RI f9 1 ='a e'I`c o Conditional Use Permit October 1, 2012 BMC) is not aski.m.) fiat ally additional storage space outdoors. but is requesting the. continuation for a Conditional Use Permit allowing and to include bill. not limited to; A,) OUtd:oor storage for trailers. [:3.) BuiIdtng lfatcrial5, irlclaclitlg. items such as shitlg(cs, siding, arcllitecturttl stone, lumber, granite, pallets and caller general building materials. C.) Outdoor storacG >e fbr trash and recyclables. BMO Will eozltmue to maintain the gravel Outside :areas and will grade and clear brush as needed. The existing green space and custorrler parking yvill remain unehan )ed. 131MO does not wish to alter the existing Interim t. se Permit (ht the property; B O is asking,= for half of the current space already approved by the city thin the lrt.tet i n I Tse Permit I.f E3M0 suc.cessfUlly acquires the _property, �iiN40 propose.; to have the ZL1:P .rev okc c1 �tnc1 the CUP instituted. C�losing is contingellt upotl CUP approval and would likely occur in. �ioveani ) 201.2. A.) Outdoor Storage -- I -'our Outdoor Storage areas, -see attached site plan. The proposed storage area included with the red boundary. L) This area will be a fen cc] in area with recycled bitu.tninous aggregate as a storage surface area The surface will be sloped to accommodate for storm drainage to the appropria1: to location fOI' the run off. LIght:ing is placed on rile north side of the butid.ing iris well as font' large light poles (existinu,) laca.ted at each corner of the storage area. .ItenzS to be stored are exterior building materials; such as shingles, siding. architectural Stone., lumber. granite, pallets and other general exterior building materials. 17he building materials wil l not exceed. a height of I0' tall and will callow for a 24' drive area for Customers and emergency vehicles to utilize. DUe to the nature of the business the gUantitV Of (lie nlateria'ls will change on it weekly basis and during the winter months the quantity will be kept to a ininitnum. In additi.o.n, two dunlpsters will be located outside the north loading clock and will not interfere with arty fire lanes. 2.i Staging trailer parking. For accessibility purposes we need to have three 53' semi trailers that are 14' tall parked in the parking lot Which Will Occupy a 27'wide by 53'long by 14'tall area. These trailers are used for temporary staging purposes flor building materials, i�}tost of the tithe these trailers will be empt }-, lrolvever on occrasiotl we may need to occupy these trailers. "1'l1e existing ctlstoiner parking area will remain unchanged. .) f'ctnpclrary StoriIge f.)r t17used pallet racking, pallets and A- Franle carts. The it.eills will be stacked approximately 10' high and they will be recycled upon fulfillment of a semi trailer. yVhich collslunes approxitnatel1 W longs by 8' wide by 8' tall area. In additiotl, this area --will have 12 semi storage trailers tap to 14 feet high with occ asic>I1al storage in trailers and a semi tractor which currently occupies a 5 3'by 72' area. 4.) Stoaacae fOr OUr lease g, i �� , e and cardboard dUnIpsters as well as propane tanks in the already permanently tensed area for propane, Tile dumpsters consume a 25' by 20' area and the pernlallellt p.i•opane Cih,L rnCasUPe'i 10 by 12'. BtNIC) will inaintaltl a ininlrnum clearance of24' yvllere applicable for ernerzoency vehicles. Nwe 2 of 3 r I'aage "Fwwo C'ornclitional (J Se Peraanit October 1, 2012 Per city code recluirerrnclnts; this property 1S clas;,ifed as I -1 . "fine outdoor storage areas will not take tip any required patrking or landscape areas they will be screened by the view of the public trial the adjaCent properties. and will not encroach oil any required setbacks. ']'Ile materials stored in area -~'l will be placed 'within ti fenced enclosure and anti lighting, will be placed on. the side of the building to allow for better safety and securitti. .Zoning C'lassl:rc<ati.czln Industrial (I -1) Tile 17.1 S acre site contains several wooded areas and a +,11'tlde drop z:If al)proritntlte:[y -50' hone the sotltht.�rst tc.� 1101thwwest The site has one main office /wvarehottse buildin�,. a north and south warehouse, a long narrow wvarellouse. employee 1-r irkirio . outside storage areas and green areas. Surrounding [..and Liss•::. Forth -- Zoned Park, Park and Recre atiori open space. South — Zoned Industrial 0-0. 0.171tce'/Warehouse, East --- Ili; lnwva_y l 3 cC,arthy Ridge Subdivision, Low Density Residential. West — Zoned Industrial (1-1)p) single I amity home, gravel,'clirt storage business and park.. 'Fhe Applicant's outdoor storage will riot be detrimental to or endanger tine public heal.tln., safety, or general Welfare of the neighborhood or the city. In addition Applicant's outdoor storage F.i.11. be compatible in appearance .Ind use with the existing character of the general vicinity and will not ch4ange tine essential character of the area nor will it da_tninish or impair property values within. the neighborhood. As indicated above. several of the surrounding prof. -mties currently have outdoor storage. :also. rio additional public facilities or services would be needed as a result Of tile outdoor storage. The Applicant's outdoor storage will not involve activities or materials that would be hazardous or de=trimental to and persons or property because of exce.ssive production of traffic, noise. smoke, .flames, glare or odor. nor will it create any traffic cc:rintpcsti.on or interfere wvitln traffic on surrounding public streets. "I 'he Applicant's outdoor storage will 'lot result in the destruction. loss or ckrrnagf of'any natural, scenic or historic features of any tlnnpor't r:lnCc'. Finally, till stcarage Area will not Inter ere wVltia any Pedestrialn or vehicular movement. This .location was t,rarrtccI a Conditional Use Permit back in 1994 for• IAIII Industries. Upon the sale of tile property Sow \'les Properties applied For Vin. InteIim Use Permit which was approved by tine City` find eliminated tine O iginal CUR 'File storage space that we are asking for is minimal connpared to the previous approvals. As city residents we understand the history of the site and believe our use ww-il_l %nnprove the Site. Evidence by t'. >tu desire to eliminate song._ of file previousIy granted outdoor storat:;e areas to allow for better access for ennergency vehicles. We are also proposing to use recycled materials and fencing to iniprove filet 41. We are asking for your approval to help us stay in I.argan and finally hatve a permanent home here. "I'liank you for Votrr time and consideration. I=eel free to confiact rne. with any questions at arny ic rrl>Ir117inn,cc�li� or 65 1 -365-1141. Respectdlllly Stibnittecd Building � �laa.tet•ials 0LItlet NNIW. Itne i An ti(j e Ribar Vice President, Building Materials (::)ut:let N'1W. Inc. \rig Agenda Information Memo November 7, 2012 City Council Meeting LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE A. RECEIVE THE 2013 LEGISLATIVE POLICIES FROM THE LEAGUE OF MN CITIES AND METRO CITIES ACTION TO BE CONSIDERED: To receive and review the proposed 2013 legislative policies from the League of Minnesota Cities and Metro Cities. No formal action is needed. FACTS: • Each year, the League of Minnesota Cities (LMC) and Metro Cities prepare legislative policies. • Both organizations prepare their policy positions through their respective policy committees, which consisted of elected and appointed officials from over 100 cities within Minnesota. • The City of Eagan was represented on many of these policy committees by City Councilmembers and senior staff members. • The policies are included so the Council has the opportunity to review the draft policies and provide any feedback in advance of the Metro Cities' policy adoption meeting on November 14, 2012 and in advance of the LMC Board's formal adoption of their priorities in late November. • In addition to the hard copies available to the City Council in your packet, the draft polices can also be found at www.Imnc.org and www.metrocitiesmn.org. ATTACHMENTS: Enclosed without page number are the proposed 2013 LMC and Metro Cities' legislative polices. W,