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09/16/2014 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 16, 2014 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. SWEARING -IN of Officers Jacob Coulson and Logan Anderson B. RECOGNIZE the retirement of Police Receptionist Joanne O'Keefe for her eighteen and one half years of service to the citizens of Eagan C. RECOGNIZE the retirement of Parks Maintenance Worker Steve Hadden for his 28 Years working for the City of Eagan IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE Minutes B. PERSONNEL Items C. APPROVE Check Registers D. APPROVE transfers from the Public Utilities Fund to the Fiber Infrastructure Fund E. APPROVE a contract to perform financial management services for the Dakota County Drug Task Force F. APPROVE the Police Liaison Services Agreement between the City of Eagan and Independent School District (ISD) 191 G. APPROVE Change of Manager for Applebee's On -Sale Liquor License H. DECLARE bicycles, unclaimed property and miscellaneous City property to be surplus I. APPROVE Exempt Permit for The Open Door to hold a raffle on October 5, 2014 at Lost Spur Golf and Event Center J. APPROVE Resolution appointing Absentee Ballot Board Judges and designating them Deputy City Clerks for election administration K. APPROVE Extension of implementation of the Conditional Use Permit and Variances - Caribou Drive -thru L. APPROVE Extension of recording Final Subdivision - Dakota Path 3rd Addition M. APPROVE Comments to Metropolitan Council Regarding Housing Policy Plan and Transportation Plan N. RECEIVE Draft Wellhead Protection Plan and Set Public Hearing for October 7, 2014 O. APPROVE Change Order No. 8, City Contract 13 -05 (Cedar Grove Parking Garage) P. AUTHORIZE Feasibility Report, Project 1174, Yankee/ Promenade Signal/ Intersection Improvements Q. AUTHORIZE Feasibility Report, Project 1175, Promenade Avenue/ Northwood Parkway Street Improvements R. APPROVE Change Order No. 2 to Contract 14 -04, TH 55 /TH 149 Safety and Capacity Improvements S. APPROVE Extended Working Hours, Metropolitan Council — Environmental Services Sanitary Sewer Lining Project (Highway 13 — Alexander Road to 1 -494) T. Item removed U. APPROVE Water Meter Surcharge Appeals V. RECEIVE Final Assessment Report for Project No. 1140 — Stonebridge Ponds — Street Improvements and Schedule Public Hearing for October 21, 2014 W. RECEIVE Final Assessment Report for Project No. 1139 — Oakwood Heights 2nd Addition — Street Improvements and Schedule Public Hearing for October 21, 2014 X. RECEIVE Final Assessment Report for Project No. 1138 —Cedar Industrial Park — Street Improvements and Schedule Public Hearing for October 21, 2014 Y. RECEIVE Final Assessment Report for Project No. 1137 — Alden Pond - Street Improvements and Schedule Public Hearing for October 21, 2014 Z. RECEIVE Final Assessment Report for Project No. 1114 — Cedar Grove Additions - Street Improvements and Schedule Public Hearing for October 21, 2014 AA. RECEIVE Feasibility Report for Project 1154, Sperry Tower — Communications and Schedule Public Hearing for October 21, 2014 BB. APPROVE agreement with Dakota County CDA to amend the time of performance for the 2010- 2014 Community Development Block Grant Subrecipient Agreement CC. APPROVE the2014 -2015 Airport Relations Commission Work Plan V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING to Consider the Sale of Property Located in the Cedar Grove Redevelopment District to Ryland Homes F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT AMMEmb- Anmfib- City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: SEPTEMBER 12, 2014 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 16, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 16, 2014 City Council agenda, the following items are in order for consideration. Consent Agenda Information Memo September 16, 2014, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Swearing -in of Officers Jacob Coulson and Logan Anderson Facts: ➢ Police Chief McDonald will introduce new Police Officers Jacob Coulson and Logan Anderson to the Council and community. After a brief introduction, they will be administered the Oath of Office by the Chief. ➢ Both officers began their employment on June 2, 2014. Attachments: (0) Recognitions and Presentations Information Memo September 16, 2014, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS B. Recognize the retirement of Police Receptionist Joanne O'Keefe for her eighteen and one half years of service to the citizens of Eagan. Facts: ➢ Joanne O'Keefe was hired on March 1, 1996. ➢ She was a police receptionist her entire career which Chief McDonald will describe in more detail. ➢ Joanne O'Keefe will be presented a plaque in appreciation of her service. Attachments: (0) Agenda Information Memo September 16, 2014, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS C. RECOGNIZE the retirement of Parks Maintenance Worker Steve Hadden for his 28 Years Working For The City Of Eagan. Facts: ➢ Steve began employment with the City of Eagan April 28, 1986. His last day of will be August 29, 2014. ➢ As a Parks Maintenance Worker Steve has worn many hats and has had the ability to capably fill in wherever needed. ➢ Steve has been instrumental in developing a preventative maintenance program for park buildings to ensure that all systems are operating efficiently reducing the need for expensive repairs and saving energy. ➢ He has taken the lead role in numerous building repairs and renovation projects both indoor and out, including calculating material needs and obtaining the best pricing available, he has also installed many park amenities including bridges, benches and athletic standards. ➢ He has a special talent for wood working and detail and has built many of the storage and display furnishings used throughout the City. ➢ Steve has been responsible for surveying and laying out the many athletic fields used by youth and adult teams throughout the City, often finding a way to squeeze in that extra field where none had been before to accommodate more teams. ➢ In the winter Steve has filled in on numerous plow routes and has been instrumental in the development and maintenance of winter rinks. ➢ Tonight's presentation serves as a formal recognition by the Mayor and Council of the 28 years of service Steve Hadden has provided to the City of Eagan. ➢ A plaque will be presented to Mr. Hadden in honor of this recognition. Attachments: (0) Agenda Information Memo September 16, 2014 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 September 2, 2014 regular City Council meeting as presented or modified. Attachments: (1) CA -1 September 2, 2014 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 2, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Nancy Voss, an Eagan resident, addressed the Council with her concerns regarding the MVTA bus route on Denmark Avenue. Councilmember Hansen responded to her concerns. The Council asked staff to follow up with Ms. Voss. A regular meeting of the Eagan City Council was held on Tuesday, September 2, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Councilmember Fields was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Assistant Parks & Recreation Director Flewellen, Lieutenant Pike, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of August 11 and 14 Special City Council meetings and August 19, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Steven Hadden, Parks Maintenance Worker, and authorize hiring his replacement. 2. It was recommended to reassign Rob Muller, Parks Maintenance Worker, and authorize hiring his replacement. 3. It was recommended to approve the attached Policy for Ensuring the Security of Not Public Data. 4. It was recommended to approve the hiring of Seasonal /Temporary Employees in Parks & Recreation. C. It was recommended to approve the check registers dated August 15 and August 22, 2014. D. It was recommended to approve Cooperative Construction Agreement No. 06525 with the Minnesota Department of Transportation (MnDOT), and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes September 2, 2014 2 page E. It is recommended to accept the resignation of Chad Stambaugh from the Airport Relations Commission. F. It is recommended to appoint Jeff Sparks to the remainder of a two -year term on the Airport Relations Commission. G. It is recommended to authorize the application of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. H. It is recommended to approve a Special Events Agreement with CSM for public use of the parking areas on the former Lockheed Martin property ( "CSM parking lots ") during the Food Truck Festival on Saturday, September 6, 2014, and direct the Mayor and City Clerk to sign the appropriate documents. I. It is recommended to approve a contingent lease agreement for temporary use of the former Fire Administration Building at 3795 Pilot Knob Road by Dougherty, Molenda, Sofest, Hills and Bauer. J. It is recommended to approve an easement vacation of public drainage and utility easements located on Lot 2, Block 1, Eagandale Office Park 5th Addition. K. It is recommended to authorize an amendment to the bid opening date from Thursday, August 28, 2014 to September 25, 2014 for Contract 14 -0806 for the Cascade Bay pump house improvements. L. It is recommended to approve an original artwork agreement for the donation of a painting depicting the 1914 Town Hall, created by artist Larry Landis and approve the limited use copyright agreement allowing the Eagan Historical Society to reproduce and sell said artwork from September 8, 2014 until December 31, 2014. PUBLIC HEARINGS TOWN CENTRE 1001sT /121H /EAGAN PLACE 4TH ADDITIONS EASEMENT VACATION City Administrator Osberg noted the Council is being asked to open and close the public hearing and continue action on the vacation of public drainage and utility easements to coincide with action on the proposed CityVue Commons Addition final subdivision. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and continue action on the vacation of public drainage and utility easements on Lot 1, Block 1, Town Centre 100 First Addition, Outlot A, Town Centre 100 Twelfth Addition, and Lot 2, Block 1, Eagan Place 4th Addition to coincide with action on the proposed CityVue Commons Addition final subdivision and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Osberg noted the public hearing is to consider approving final assessment for the delinquent utility bills and authorize certification to Dakota County for collection with property taxes. The City currently has approximately 893 utility bills accounts with delinquent balances. Osberg noted a letter of objection was received from S/A #103985. City Council Meeting Minutes September 2, 2014 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CERTIFY DELINQUENT NUISANCE ABATEMENT BILLS City Administrator Osberg noted the City Code allows for collection of delinquent nuisance abatement bills through certification to property taxes. At the August 4, 2014 City Council meeting, a public hearing was scheduled for September 2, 2014. The City currently has four properties with delinquent false alarm invoices, and two properties with delinquent diseased tree removal invoices. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 OLD BUSINESS There were no old business items to be heard. NEW BUSINESS CONDITIONAL USE PERMIT— BENNEROTTE & ASSOCIATES City Administrator Osberg noted the Council is being asked to approve a conditional use permit to allow a pylon sign on property located at 3085 Justice Way. Osberg noted the Advisory Planning Commission held a public hearing on August 26, 2014 and is recommending approval. City Planner Ridley gave a staff report. The Council discussed the conditional use permit. Mayor Maguire opened the 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 a conditional use permit to allow a pylon sign on property located at 3085 Justice Way, subject to the following conditions: Aye:5 Nay :0 City Council Meeting Minutes September 2, 2014 4 page 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The height of the sign shall be a maximum of 27 feet. 3. A Building Permit, with engineered drawings, is required prior to installation of the new sign. 4. An administrative sign Permit is required prior to installation of the new sign. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit received July 30, 2014. 6. The pylon sign shall comply with all Sign Code requirements. 7. The sign exhibit shall be revised to correct the pylon sign square footage to be 96.73 sq. ft. 8. The brick base of the pylon pole shall match the brick of the principal building located upon the same property. CERTIFICATION OF THE PRELIMINARY 2015 BUDGET AND PROPERTY TAX LEVY, AND SETTING OF PUBLIC MEETING DATE ON WHICH THE BUDGET AND LEVY WILL BE DISCUSSED City Administrator Osberg introduced the item noting the Council is being asked to approve three actions. Osberg noted the total proposed levy is $30,221,113. Osberg announced the next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 2 at 6:30 p.m., right here in the Council Chambers. The public will be allowed to speak at this meeting. Finance Director Pepper highlighted the totality of the budget and was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the preliminary 2015 budget or property tax levy. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen noted the levy can be subsequently decreased, but not increased. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the preliminary payable 2015 property tax levy as following: Operating $23,761,100, Capital $5,134,809, Debt Service $204,276, Community Center deb service $1,120,928 for a total levy of $30,221,113. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the preliminary 2015 General Fund budget, including contingency, of $31,236,900. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to set the date for the public hearing of the 2015 levy and budget as December 2, 2014. Fields announced the next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 2 at 6:30 p.m., right here in the Council Chambers. The public will be allowed to speak at this meeting and is welcomed and encouraged by the Council. Aye: 5 Nay: 0 City Administrator Osberg noted the Virtual Budget Open House is scheduled for November 17th at 7:00 p.m. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Council Meeting Minutes September 2, 2014 5 page There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Fields noted the Food on 4 Wheels Event is scheduled for this Saturday, September 7th at the Eagan Festival Grounds at Central Park from 3 -7:00 p.m. 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 7:10 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Approve the hiring of Michael Bucholz and Gregory Tracy, Utility Maintenance Worker- Field Operations. Facts: ➢ City Council approved hiring for these positions on July 1, 2014. Attachments: (0) Item 2 Action to be Considered: Approve the hiring of Hani Hanna, Temporary FT Utility Maintenance Worker - Field Operations. Facts: ➢ This temporary full -time position is budgeted through December 2014. Attachments: (0) Item 3 Action to be Considered: Approve the recruitment and hiring of a non - benefit eligible, part time Accounting Intern to work an average of 10 hours per week throughout the school year. Facts: ➢ The current practice is to hire an Accounting Intern for a three month period of time to assist with budget preparations over the summer. ➢ With the Payroll Specialist position reducing from 40 hours per week to 35 hours per week, certain job functions performed by the Payroll Specialist that were accounting and finance related will be re- allocated. The Accounting Intern could assume these identified duties. ➢ By limiting the number of hours the Intern works each week and assigning a different rate of pay, the personnel costs of hiring an Accounting Intern position will be budget neutral in the Finance Department's personnel budget. Attachments: (0) Item 4 Action to be Considered: Approve the recruitment and hiring of a seasonal, temporary FT Streets Maintenance Worker. Facts: ➢ This position will assist the Streets Maintenance department during the Fall /Winter months while a permanent FT Streets Maintenance employee is out on an extended leave of absence. Attachments: (0) Item 5 Action to be Considered: Approve the following revision to Article 13 —VACATIONS, of the City of Eagan Employee Handbook. Facts: ➢ Current City policy does not provide for any vacation leave in the first 6 months of employment. This policy is becoming a deterrent to recruiting qualified candidates. ➢ The policy revision does not change the overall accrual levels but rather allows the new employee to use up to 50% of their annual vacation leave balance within the first 6 months of employment. ➢ The revision also further clarifies those employees eligible for vacation leave. Attachments: (1) CB -5 Article 13 of Employee Handbook Vacations SECTION THIRTEEN VACATIONS 13.1 Eligibility: 13.1.1 All regular employees shall be eligible for paid vacation. Regular part - time employees who are regularly scheduled to work 14 hours or more per week on a year around basis shall be eligible for paid vacation on a pro rata basis for actual hours worked. 13.1.2 Employees regularly scheduled to work less than 14 hours per week, a:s weg-a6- Temporary employees, Seasonal employees, Recurring Employees Without Benefits, or Interns shall not be eligible for vacation benefits. 13.2 Schedule: 13.2.1 Maximum (Inclusive) Allowable Years of Hours Balance Service Vacation At Any Time 0 -4 80 hrs /yr 120 5 -10 120 hrs /yr 180 11 128 hrs /yr 192 12 136 hrs /yr 204 13 144 hrs /yr 216 14 152 hrs /yr 228 15 160 hrs /yr 240 13.2.2 ,�To.., o .� .,ov� WW1 m efl4 fl bene_1';+S P--- 4tio Upon hire, new employees shall be advanced 50% of their annualized vacation leave benefit into their vacation leave bank. Upon completing 6 months of service, employees will then accrue vacation leave each pay period according to the vacation schedule. 13.2.3 Employees shall earn vacation time at a rate of accrual, based on a bi- weekly pay schedule. Vacation accruals and maximum balances shall be prorated, based on employment status. No vacation will be earned over the maximum allowable hours balance at any time. When this limit is reached, subsequent accumulation of vacation is forfeited by the employee, unless this requirement is waived by written approval of the City Administrator. (Revised by Eagan City Council on 7/2/2013) 13.3 When Taken: 13.3.1 Immediate supervisors will consult with all employees eligible for vacations. From such consultation, the immediate supervisors will establish working vacation schedules with first consideration given to the efficient operation of the department and second to the wishes of the employees as to vacation time. 13.3.2 Senior employees will be given schedule preference for all requests received before May 1 of each year. Thereafter requests and scheduling will be considered in the order submitted. Employees shall be encouraged to take vacations during the slack season of department activity. Three week vacations during a department's busy season are discouraged and should be avoided. An employee shall not be permitted to take a vacation of four consecutive weeks or more without the approval of the City Administrator as well as the permission of the immediate supervisor. 13.3.3 For each day of vacation desired, an equal number of working days advance notice shall be given to the supervisor. 13.3.4 In no case will any time be taken as vacation without advance approval of the immediate supervisor. Unauthorized time off will be considered leave without pay and subject to disciplinary actions. 13.3.5 No advance of vacation time will be allowed. 13.3.6 Scheduled vacation time may be canceled upon the discretion of the supervisor in cases where the safety, health and welfare of the community are involved. Any vacation time so canceled would not be regarded vacation time and would then be rescheduled at a later date. 13.3.7 Scheduled vacation time may be canceled upon request of the employee with approval by the supervisor in cases where unforeseen circumstances (such as illness of the employee or members of his /her family, debilitating accident, etc.) cause the cancellation of vacation plans. However, such cancellation will not be allowed if it adversely affects the efficient operation of the department. Any vacation time so canceled would not be regarded as vacation time and would be rescheduled at a later date. In such rescheduling cases, no preference will be given to seniority of the employee. 13.4 Waiving of Vacations: Vacation is granted for the purpose of employee recreation; and, therefore, no employee shall be permitted to waive such vacations for the purpose of receiving double pay. 13.5 Upon Termination: An employee who is eligible to take vacation leave fflenths sePAe° with the City and who leaves the employment of the City in good standing after the completion of six or more months of service shall be paid for vacation accrued. -due— (Subject to the conditions as provided under the resignation section of this personnel policy.) Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated August 29 and September 5, 2014 as presented. Attachments: (2) CC -1 Check register dated August 29, 2014 CC -2 Check register dated September 5, 2014 Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA D. Approve transfers from the Public Utilities Fund to the Fiber Infrastructure Fund Action To Be Considered: To approve the transfer of $1,000,000 from retained antenna lease revenues in the Public Utilities Fund to the Fiber Infrastructure Fund (AccessEagan) ➢ To approve annual antenna lease transfers as necessary through 2019 up to an additional cumulative amount of $600,000 to cover additional investment in the systems and operation of AccessEagan Facts: ➢ In 2011, the City Council approved expenditures of up to $2,000,000 to construct the AccessEagan fiber network. At the time, the Council designated antenna lease revenues as the funding source for the first $1,000,000 invested, but did not designate a source for expenditures beyond that level. ➢ Total investment in the network by the end of 2014 is expected to be slightly more than $2 million. ➢ At its July 10, 2014 meeting, the Finance Committee recommended the second $1,000,000 be funded from antenna lease revenues as well. ➢ Based on operating needs and plans for additional investment in the system aimed at maximizing AccessEagan's revenue stream, another $600,000 in funding is expected to be necessary through 2019. The Finance Committee recommended such additional funding come from antenna lease revenues as well. ➢ Transfers will be made only as necessary based on additional system development and the results of operations. Attachments: (0) Consent Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA E. Approve A Contract To Perform Financial Management Services For The Dakota County Drug Task Force. Action To Be Considered: Approve the contract to perform financial management services for the Dakota County Drug Task Force. Facts: ➢ One municipality has always acted as the fiscal agent for the Dakota County Drug Task Force. The City of Eagan assumed this responsibility in 2005 and is responsible for book keeping, budgeting, and grant administration. ➢ It is desired that the City of Eagan and the Dakota County Drug Task Force enter into a written contract that addresses responsibilities of both parties. ➢ Two copies of the contract are attached for the Mayor and City Clerk to endorse. The contract merely documents the administrative functions the City of Eagan has been providing for the drug task force for many years. ➢ The Eagan City Attorney has reviewed and approved the document. Attachments: (1) CE -1 Contract AGREEMENT BETWEEN THE DAKOTA COUNTY DRUG TASK FORCE AND THE CITY OF EAGAN FOR FINANCIAL, MANAGEMENT SERVICES THIS AGREEMENT is made and entered into by and between the Dakota County Drug Task Force (DCDTF) and the City of Eagan (Eagan), effective as of January 1, 2015. WHEREAS, DCDTF is in need of financial management services to conduct its operations; and WHEREAS, Eagan is willing to provide financial management services to DCDTF during the term of this Agreement, subject to the terms and conditions provided herein; NOW, THEREFORE, in consideration of the mutual promises and benefits that each party shall derive from this Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: ARTICLE I SERVICES Section 1.1 Scope of Work. Eagan shall provide services to DCDTF as specified in the Scope of Work attached hereto as Exhibit "A" and incorporated herein. Section 1.2 Accounts. Funds entrusted to Eagan by DCDTF pursuant to this Agreement will be held In a separate account or accounts, and all interest earned on those accounts will be the property of DCDTF. Section 1.3 Accountability for Funds. All funds shall be accounted for according to generally accepted accounting principles. DCDTF may request a report pertaining to the services provided by Eagan pursuant to this Agreement. All pertinent books, records, documents, and accounting procedures and practices shall be maintained by Eagan and made available to DCDTF, its members, and the State Auditor upon reasonable notice and shall be retained in accordance with state law. Section 1.4 Indemnification. DCDTF agrees to defend, indemnify and hold Eagan and its elected officials, employees and agents harmless from all claims, demands, and causes of action of any kind or character including the cost of defense thereof, resulting from the acts or omissions, including negligent acts or omissions, of Eagan's elected officials, employees and agents in providing services under this Agreement. Nothing in this Section is intended by the parties as a waiver of any liability limits or immunities otherwise,provided by law. The requirements and obligations of this Section shall survive the expiration or earlier termination of this Agreement. ARTICLE 11 TERM OF AGREEMENT Section 2.1 Term. Eagan shall provide services under this Agreement commencing on January 1, 2015, and continuing through December 31, 2019, unless this Agreement is terminated earlier as permitted by Section 2.2. Section 2.2 Termination.. This Agreement may be terminated upon sixty (60) days written notice of intent to terminate by either party, delivered to the other party. Section 2.3 Distribution of Property. Upon termination of this Agreement, Eagan shall distribute to DCDTF any property or money belonging to DCDTF. ARTICLE III COMPENSATION Section 3.1 Compensation Formula. In consideration of Eagan's services under this Agreement, DCDTF shall pay Eagan an annual amount equal to 22% Full Time Equivalent (FTE) of Eagan's accountant position total compensation (salary, payroll taxes and benefits) as set forth in Eagan's fee schedule. Section 3.2 Notice of Annual Compensation Amount. On or before November 1 of each year, Eagan shall determine 22% FTE of Eagan's accountant position compensation for the following year and provide written notice to DCDTF of the annual compensation due under this Agreement for the following year. Section 3.3 Payment Schedule. The annual compensation shall be paid by DCDTF to Eagan in four equal installments on or before January 15, April 15, July 15 and October 15 of each year. ARTICLE IV CONTACTS The contact persons for purposes of day-to-day operations and notifications are as follows: DCDTF: Sgt. James Gabriel, or Successor Commander City. of Eagan Tom Pepper, Finance Director 3830 Pilot Knob Road Eagan, MN 55122 Telephone: (651) 675 -5017 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form Assistant County Attorney /Date KS -14 -226 DAKOTA COUNTY DRUG TASK FORCE By: C air, miFiie 161 e Board Date of Signature 2 2 CITY OF EAGAN By: Mike Maguire, Mayor Date of Signature By: Christina M. Scipioni, Clerk Date of Signature EXHIBIT A SCOPE OF WORK Budget Prepare grant, forfeiture and capital budgets annually. Forecast expenses and revenues. Monitor expenses and revenues, report non -minor budget variances to the DCDTF. Suggest budget amendments. Financial Statements Annually prepare Financial Statements in accordance with generally accepted accounting principles Audit Prepare all financial working papers for annual audit, including but not limited to: Internal controls Cash and investment Pending forfeitures Revenue and expense Accounts receivable Prepaid expenses Accounts payable Other liabilities Capital assets Non - monetary assets Abandoned property Confirmations Assist with internal audits and audits performed by the state and other agencies. Financial reporting Prepare monthly financial reports. Prepare quarterly reports to the State of Minnesota Office of Justice Programs. Prepare annual Equitable Sharing Certification report to the Department of Justice. Accounts Receivable: Properly account for, record, manage, and collect receivables. Process payments and deliver deposits to the bank. Accounts Payable: Receive and review vendor invoices, insure proper approval, coding, and payment on timely basis. Maintain all vendor files in accordance with records retention schedule. Cash and Treasury Management: Prepare bank reconciliation on a monthly basis General account Investment account(s) Buy fund Petty cash Pending forfeitures account Invest agency funds in accordance with state requirements. Capital Assets: Maintain capital assets records regarding acquisition, status, amortization and disposal Forfeitures: Report forfeitures to the State Auditor Keep forfeitures master list Deposit forfeitures cash additions Track expenses reimbursable from forfeitures Process forfeiture distributions Financial Ledger: Prepare all monthly, quarterly and annual journal entries. Review general ledger activity for accuracy. Miscellaneous: Assist with grant project accounting, Assist in compiling grant Information. Inform DCDTF about changes in laws affecting financial management. Keep internal controls documentation up to date and ensure compliance with it. Other: Maintain all financial information in accordance with state approved records retention schedule and regulations of other governing bodies. Comply with Data Practices Laws. Submit all financial reports to state agencies, including but not limited to the State Auditor's Office. 4 Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA F. Approve The Police Liaison Services Agreement Between The City Of Eagan And Independent School District (ISD) 191 Action To Be Considered: Approve the agreement between the City of Eagan and ISD #191. Facts: ➢ The City of Eagan and ISD #191 have partnered to establish a school resource officer program in three schools. ➢ The School District wishes to continue this relationship, and agrees to pay the City $35,665 for Eagan Police Officers to continue working in the schools for the 2014 -2015 school year. Attachment: (1) CF -1 Police Liaison Services Agreement THIS JOINT POWERS AGREEMENT ( "Agreement ") has been entered into as of April 18, 2014 by and between the City of Eagan a Minnesota Municipal Corporation, and political subdivision of the State of Minnesota, Independent School District No. 191 ( "School District "), pursuant to Minnesota Statutes, Section 471.59 and Chapter 469. 1. PURPOSE. The purpose of this Agreement is to create, fund, and implement the position of School Resource Officer. 2. JOB DESCRIPTION, The Officer will be assigned by the City. The Officer will report to and be directed by the Chief of Police for the City, but will consult regularly with the School District. A representative of the School District may take part in the School Resource Officer interview when the application process is initiated for the position, The Officer shall be assigned to Metcalf Junior High School as a .5 FTE and Cedar Alternative as a .5 FTE on days in which students are in attendance as part of the standard daily curriculum, 3. FUNDING The payment schedule for reimbursement to the City of Eagan for the term of this Agreement shall be set forth as follows: 2014/2015 School Year - $35,665 2015/2016 School Year - $36,734 2016/2017 School Year - $37,836 4. BILLING. The City shall invoice the School District on January 1, 2015 and annually each year thereafter consistent will the payment schedule.. 5, TERM. This Agreement shall commence on April 18 2014, This Agreement shall automatically renew each year for 3 years or until revised by mutual consent or otherwise terminated by either party upon 90 days advance written notice. The School District reserves the right to reduce services required through this agreement provided 90 days advance written notice is given by the School District. Any change made to the required services shall result in a prorated adjustment to the payment schedule for reimbursement. 6. CITY OF EAGAN EMPLOYEE. The Officer Is a City employee and shall not be considered an employee of the School District for any purpose, including, but not limited to salaries, wages, other compensation or fringe benefits, workers' compensation, unemployment compensation, PERA, FICA, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. 7. PROVISION, OWNERSHIP AND DISTRIBUTION OF PROPERTY AND EQUIPMENT. The School District will provide the Officer a secure furnished office space and telephone at no charge to the City. The City will furnish the Officer a car and other necessary law- enforcement equipment at no expense to the School District. Each party hereto shall maintain ownership of all property and equipment provided for and in furtherance of the purpose of this agreement. At the expiration of the term of this agreement, any property and equipment so provided shall remain the property of the party supplying or providing the property and equipment, 8. DAMAGE TO PROPERTY OR EQUIPMENT. Each party shall be responsible for damage to or loss of any property or equipment furnished thereby in furtherance of the purpose of this Agreement, Each party waives the right to sue the other party for any damages to or loss of its property or equipment, even if the damages were cause wholly or partially by the negligence of the other party, its officers, agents, or employees. Neither party shall be liable or responsible to the other party for depreciation of any property or equipment. 9. INDEMNIFICAITON. Each party shall be liable for its own acts, and those of its respective officers, agents, and employees, to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other party, its officers, agents, and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. No party to this Agreement shall be required to pay on behalf of itself and to the other party any amount as indemnification to the party, arising pursuant to this Agreement expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the party required to pay as established in Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the party required to pay. The limits of liability all of the parties may not be added together to increase the maximum amount of liability for any party. The intent of this section is to limit each party's obligation to indemnify the other party. In those instances in which a party is directly liable for damages as well as for indemnification to the other party, the combined liability of the party will not exceed the limits of liability under Minnesota Statutes Chapter 466 applicable to the liable party or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the liable party. 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 enforceability and validity of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF EAGAN Federal Tax Identification Number BY: Mike Maguire, Mayor BY: Christina M. Scipioni, City Clerk INDEPENDENT SCHOOL DISTRICT 191 BY: l I-, L ' DeeDee Currier, School Board Clerk BY; JoUeph Gothard, Superinten exit Agenda Information Memo September 16, 2014, Eagan City Council Meeting CONSENT AGENDA G. Approve a Change in Management of Applebee's On -.Sale Liquor License. Action To Be Considered: To approve a change in the management of the On -Sale Liquor License issued to Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar. Facts: ➢ A change in management has occurred at Applebee's Neighborhood Grill & Bar, 1335 Town Centre Drive. The new manager of the restaurant, James Michael Ritchie, has completed the necessary forms and paid the investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. Attachments: (0) Agenda Information Memo September 16, 2014, Eagan City Council Meeting CONSENT AGENDA H. Declare bicycles, unclaimed property and miscellaneous City property to be surplus. Action To Be Considered: To declare bicycles, unclaimed property and miscellaneous City property to be surplus. Facts: Throughout the year, the City acquires a variety of unclaimed bicycles, unclaimed property and other miscellaneous property. After the items are declared to be surplus by the City Council, State Law permits the City to sell them. ➢ The City Council approved an agreement with PropertyRoom.com, an online auction service specializing in the disposition of unclaimed surplus property. Prior to the sale of the property through PropertyRoom.com, the appropriate legal notice will be published in Sun Thisweek Newspaper. ➢ Before the designation of surplus property, a list of the items is circulated to all departments and, if there remains any public use for the property, it is reallocated to the appropriate department instead of being sold. ➢ In some cases, if items have little or no value due to their condition, disposal is the best option. Per the City's Policy for the Sale of Surplus City Property, surplus property that is damaged or has nominal or no value may be deemed refuse or may be recycled. PropertyRoom.com will dispose of unsalable items for the City. Attachments: (1) CH -1 Surplus Property List s • • • • • • • • • • • • e • • • September 16, 2014 Surplus Property List Crow Bar • Garmin GPS Weighted Mounting Duffle Bag Bracket Luggage Bracket • Gold Colored Watched 4 - Purses • Green Backpack Black Purse • 2 - Pioneer Car Stereo Fossil Men's Watch • Panasonic Car Stereo Black Nike Athletic Shoes • Bulova Watch White Athletic Shoes • Lucien Piccard Watch Black Handbag • Backpack Lanier Telephone Recorder • Sony GPS Lanier Telephone Recorder • Black and Decker Jump Station Misc Watches, Jewelry, Old Coins • Fuji Film Digital Camera Men's Size 12 Nike Shoes • Pink Check Book Cover Barbie Jeep • Black Case Blue Purse • Utility Carrying Bag Black and Blue Purse • Small Backpack Pink and Black Purse • Bulova Men's Watch Deco Color Pen Set & Pilot Razor Point • Pocket PC Bar Code Scanner Pen Set • Boss 100 Watt Amp 3 pr Earrings, 2 Necklaces and 1 • Black Pouch Bracelet • Misc Clothing Red Painted Black Mongoose Bike • Black Computer Bag Magnovox DVD Player • Jumper Cables Lightning Audio Amp • Backpack DVD "Eragon" • 3 - iPod Nail Polish • Jumper Cables and Tool Set 2.1 Label Maker • iPod Docking Cord Towel • Nextar GPS Pillow Case • Suitcase Blue Tooth Key Pad • XBox 360 w /controller & memory card Sheets • Circular End table Sunglasses • XBox 360 Games Scissors • Bissell Vacuum Cleaner Shower Curtain • 2 - Xbox 360 Games Fake Nails • Xbox 360 Headphones & Cable 2 - Fiskars Cutters • Sterilite Storage Box Sheet 0018 • George Forman Grill Sunglasses • Golf Club - Driver Black and Grey Backpack • Man' Ring, Gold w/ 10 Diamonds Sawzall Blades • Gold Bracelet DVD Sets: The Hills, The Wire, Breaking • Silver Necklace w /Pendant Bad - Seasons 1, 2, 3 &4, The Office (3 of • Silver Ring 4 Discs) and The Complete Bible • Gold Chain (found in clothing) Polaroid 20" LCD TV • Symbol Pocket PC "Dark Knight" DVD • Sony Cyber Shot Digital Camera w/ battery charger and owner's manual September 16, 2014 Surplus Property List • Polo Assn. Shoes • Flashlight • Eason Sports Gloves • 27 Stream Light SL -20 Flashlights no charger • Hennessey Gold Men's watch • Performance Tool Set • Assorted Antique Jewelry /Silverware • Swiss Gear Computer Bag w/ Date Planner • Pandora Bracelet • UGG Boots • Clothing • Mongoose Mountain Bike • Earrings • Calvin Klein Brown Leather Purse • Bag • Gilmore Girls Box Set • Neil Young Box Set • Dr Who Box Set • Carl Sagan & Dr Who Box Set • Pitica Box Set and Dr Who Box Set • Dr Who and Batman Anthology Box Sets • Men's Belt • Mag Lite • Men's Black Wallet • VR3 Car Stereo • Tom Tom GPS • Swan Surveillance Camera • 6 GB iPod - Pink • Logitech Wireless Mouse • 2004 & 2007 US Mint Quarters Proof Sets • 2 desks • Storage cabinet • Scooter • Nailer • Xbox 360 • Nintendo Wii • Nook Digital Reader • Jack • 7 - Tables (42 "x42 ") • Journey Reaction Grey 26" Boys bike • Pacific Phoenix Blue 20" Boys bike • Trek Alpha SL Maroon 26" Boys bike • Kappe Planet Earth White 26" Boys bike • Magna Major Domain Blue 20" Boys bike • Trek Touring 520 Black 27" Boys bike • Huffy Thunder Ridge Green 26" bike • Schwinn Frontier Blue 26" bike • Fuji Brown 26" Boys bike • Haro Nyquist Silver 20" Boys bike • Haro Gold 20" Boys bike • Zepher White 26" Boys • Tony Hawk White /Orange 20" Boys w/4 bl pegs • Huff Rock Creek Red 26" Boys bike • Zepher White 26" Boys bike • Tony Hawk White /Orange 20" Boys w/4 bl pegs bike • Huff Rock Creek Red 26" Boys bike • Schwinn Ranger 2.6 BI & Sil 26" Boys bike • Trek 4300 Blue & Silver 26" bike • Mongoose XXX 180 Blue 20" Boys bike • Painted Black 24" Girls bike • Mongoose Red Painted Black 27" Girls bike • Schwinn Green w /Chrome bike • Next Voltage Lime Green w /Chrome Rear Wheel Pegs 20" Boys bike • Specializer Sirrus Dark Blue 26" Boys bike • Trek 3700 Silver Blue 26" Girls bike • Magana future bike • Huffy Cintro bike • Huffy Striker bike Agenda Information Memo September 16, 2014, Eagan City Council Meeting CONSENT AGENDA I. Approve Exempt Permit for The Open Door to hold a raffle on October 5, 2014 at Lost Spur Golf and Event Center Action To Be Considered: To adopt a resolution approving an Exempt Permit for The Open Door to conduct a raffle on October 5, 2014 at Lost Spur Golf and Event Center, 2750 Sibley Memorial Highway. Facts: ➢ The Open Door has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CI -1 Resolution RESOLUTION NO. CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT THE OPEN DOOR WHERAS, The Open Door has applied for an Exempt Permit to conduct a raffle on October 5, 2014; 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 The Open Door to conduct a raffle on October 5, 2014 at 2750 Sibley Memorial Highway. Motion by: Seconded by: Those in favor: Those against: Date: September 16, 2014 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Cleric 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 16th day of September, 2014. City Clerk Agenda Information Memo September 16, 2014, Eagan City Council Meeting CONSENT AGENDA J. Approve a resolution appointing absentee ballot board judges and designating them deputy city clerks for the purpose of administering elections Action To Be Considered: To approve a resolution appointing absentee ballot board judges and designating them as deputy city clerks for the purpose of administering elections Facts: ➢ The City of Eagan has been delegated by Dakota County to issue, accept /reject and count absentee ballots from Eagan voters. ➢ To carry out the absentee balloting function, the City must appoint an absentee ballot board. Consistent with past elections, the absentee ballot board consists of City staff and election judges. Absentee ballot board judges receive training in absentee ballot processing. ➢ The proposed resolution appoints the absentee ballot board members as deputy city clerks for the purpose of administering the election. Deputy city clerks are authorized under State Statute to serve on an absentee ballot board and to serve as witnesses for voters who vote absentee at City Hall. ➢ Military and overseas voters receive their ballots, called UOCAVA ballots, from the County. The County's UOCAVA ballot board accepts or rejects the ballots then transmits them to the City to be counted. Because the UOCAVA ballots are oftentimes in a different format, they must be duplicated onto a ballot then can be fed through the tabulators. In past years, the City absentee ballot board has completed the duplication. This election cycle, the County has offered to have its UOCAVA ballot board duplicate the ballots before they are delivered to the City. The proposed resolution includes the necessary language to allow the County to duplicate the ballots. Attachments: (1) CJ -1 Resolution RESOLUTION NO. _ CITY OF EAGAN DESIGNATING DEPUTY CITY CLERKS TO SERVE ON THE ABSENTEE BALLOT BOARD WHERAS, Minn. Stat. 20313.05 allows counties to designate municipalities to administer absentee balloting; and WHEREAS, Dakota County has designated the City of Eagan to administer absentee ballots for Eagan voters; and WHEREAS, Minn. Stat. 203B.121 requires the City to establish an absentee ballot board, which is responsible for accepting and rejecting all returned absentee ballots; and WHEREAS, Eagan City Code Chapter 2.73 establishes an absentee ballot board in the City of Eagan; and WHEREAS, Minn. Stat. 20313.121 allows deputy city clerks trained in the processing of absentee ballots to serve on the absentee ballot board; and WHEREAS, Minn. Stat. 20313.23 requires counties to administer absentee ballots for military and overseas voters and many of these ballots must be duplicated pursuant to Minn. Stat. 206.86 before being counted. NOW, THEREFORE, BE IT RESOLVED, pursuant to the requirements in Minn. Stat. 203B.121, the following people are hereby designated as deputy city clerks for the purposes of serving on the absentee ballot board and administering the 2014 General Election: Carol Tumini, Janet Bolger, Melissa Timm, Michelle Lutovsky, Mike Ridley, Cheryl Stevenson, Sydney Ruedy, John Demma, Judy DeNardo, Robert DeNardo, Cherryl Mesko, Mary Ann Sexton, Amanda Fogg, Patricia Hamling, Paul Hamling, Jeffrey Kamm, Lynn Yamanaka, Jody Severson, Lori Tripp, Beth Johnson, Mary Lou Anderson, Diane Carroll, Steven Kloner, and Mary Makeeff. NOW THEREFORE BE IT FURTHER RESOLVED that the Dakota County Absentee Ballot Board is delegated the duty of duplicating military and overseas absentee ballots when necessary prior to delivery to the city. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: September 16, 2014 CERTIFICATION I, Christina M. Scipioni, Cleric 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 16th day of September, 2014. City Cleric Agenda Information Memo September 16, Eagan City Council Meeting CONSENT AGENDA K. Approve an Extension of Implementation of Conditional Use Permit and Variance Approvals — Caribou Coffee Action To Be Considered: To approve a one -year extension of the Conditional Use Permit and Variance approvals for property located at 1380 Duckwood Drive. Required Vote for Approval: Majority of Councilmembers present Facts: ➢ The City Council approved the Conditional Use Permit and Variances on October 1, 2013. ➢ Caribou Coffee proposes both interior and exterior renovations that include accommodating a drive - through and an expanded outdoor patio area. ➢ The approved site modifications include installation of a median onto Krestwood Lane and creation of a one -way drive aisle around the rear of the building with access from Krestwood. ➢ The approval included a Variance to allow the reduction of eight parking stalls. The proposed stall widths vary in size with the narrowest of the 90 degree stalls at 9' 6" (vs. 10') and the 60 degree parking at 10'(vs. 11'5 "). ➢ The applicant, Victory Capital Corporation, is requesting an extension due to project expenses and winter construction limitations. The request would extend approvals until October 1, 2015, allowing additional time for the applicant to implement site modifications. Attachments: (2) CK -1 Location Map CK -2 Letter from Victory Capital Corporation a a O s J N O V M C m 07 'L O RS ' O O a way O U) O C C .O = 00 1` 'o O O N O Lo E z N O j w Z o am a4)U 0 � � �I ■■ 1111 \ \ %�i �II�E�� ■�: � /,I - ■■ ■■ ■ ■ - � � \1111111 `�' ■ '% �� % `� III _ • � � Ir�,111��I■ Ir�I�� ■ ■�_ �1 ®�i�ii ii ®•tl�ii :i�� .. ®� ;,�� ' � 111 ■ ■■�■�r wool 503 NVVYUEIH � ■11111\ �I� ' �', ..► si III ©�i 5L:l =I _ �� r IIr,�1 i1y�L 'A � n .■ ■e .. a '- .�.' _e'er �� •��_ �Z \� L �O 0 (V co O N O N e 3 W C G Y m CD -a Q m' n. v d am J YB �P o LO 0 � � �I ■■ 1111 \ \ %�i �II�E�� ■�: � /,I - ■■ ■■ ■ ■ - � � \1111111 `�' ■ '% �� % `� III _ • � � Ir�,111��I■ Ir�I�� ■ ■�_ �1 ®�i�ii ii ®•tl�ii :i�� .. ®� ;,�� ' � 111 ■ ■■�■�r wool 503 NVVYUEIH � ■11111\ �I� ' �', ..► si III ©�i 5L:l =I _ �� r IIr,�1 i1y�L 'A � n .■ ■e .. a '- .�.' _e'er �� •��_ VICTORY CAPITAL CORPORATION 421 Wabasha Street North, Suite 200 St. Paul, Minnesota 55102. Office: 651,222.8970 fax :651.222.8973 September 2, 2014 Mr. Sarah Thomas Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Extension Request — Caribou Coffee Drive Thru CUP & Variances Sarah: Via this letter I am requesting a 12 month extension on the Conditional Use Permit and two Variances related to the Caribou Coffee drive thru, that were approved by the City Council on October 1, 2013. As you know we had hoped to complete construction on this project last fall, however we were unable to proceed due to project cost issues and the real possibility that we would not be able to complete the work prior to the winter months. As a result Caribou elected to wait and revisit the project in the spring. After re- bidding the project this spring, Caribou took some time to fully analyze their projected lift in sales in relationship to the cost of both the exterior and interior improvements. They determined that it would be necessary to modify the scope of their interior improvements to make things work. This took a fair amount of time and ultimately delayed their decision to proceed. We were finally able to reach terms with Caribou in late July and have been working throughout the month of August to complete all necessary documentation, including a lease amendment, revised permit drawings and contractor agreements. We intend to submit for building permits for both the interior and exterior work within the next few days to a week and hope to be in a position to start construction in late September. However, just in case we run into any delays, we thought it would be prudent to request an extension on the expiration date for the Conditional Use Permit and Variances. Please note that there are no material changes being made to the exterior and site improvement plans that were approved last fall other than a minor modification to the foundation construction method. Revised structural plans will be submitted with the permit set accordingly. If you have any questions or need additional information, please let me know. Thank you. Sincerely, Todd A. Geller President Agenda Information Memo September 16, 2014, Eagan City Council Meeting CONSENT AGENDA L. Approve Extension of recording Final Subdivision — Dakota Path 3rd Addition Action To Be Considered: To approve a 60 -day extension of time to record the final plat for Dakota Path 3rd Addition. Facts: ➢ The Final Subdivision and Plat were approved July 15, 2014. ➢ City Code requires that the Final Plat be filed with the County Recorder within 60 days of Final Plat approval by the City Council. ➢ A letter from the applicant is attached. ➢ The additional 60 days to record the Final Plat would extend the deadline for recording to November 12, 2014. Issues: None Attachments: (3) CL -1 Location Map CL -2 Final Plat CL -3 Letter from Applicant O �Z .0 a 0. 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N n [E= NYSE �I; r a September 4, 2014 Ms. Julie Strid City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Dakota Path 3i' Addition Dear Ms. Strid: We respectfully request a sixty (60) day extension of the deadline to file the final plat for Dakota Path 3' Addition. Due to our late start due to weather and finalizing grades and storm sewer alignments in the remainder of'the project we wanted to make sure our storm sewer easements reflected any potential changes. It's our understanding that the extension will be acted upon by the City Council at the September 16, 2014 Council Meeting. We appreciate your assistance in processing this request. Please call with any questions. Thank you. Sincerely, 10. David Klee Land Development ProjectManager D.R. Horton, Inc.-Minnesota 20560 Kenbridge Court, Suite 100 Lakeville, MN 55044 www.drhorton.com Agenda Information Memo September 16, 2014, Eagan City Council Meeting CONSENT AGENDA M. APPROVE Comments to Metropolitan Council Regarding Housing Policy Plan and Transportation Plan Action To Be Considered: To authorize the submittal of comments to the Metropolitan Council regarding its Housing Policy Plan and Transportation Policy Plan. Facts: ➢ In preparation for the decennial updates of Comprehensive Guide Plans by cities in the region, the Metropolitan Council prepares policy plans and systems plans to provide context and guidance to the local plans. ➢ At the present time, the Council's Housing Policy Plan and Transportation Policy Plan are out for comment. Staff have reviewed the plans and participated in informational meetings in their regard and have drafted comments with respect to each of the plans for consideration by the City Council. ➢ In the case of the Housing Policy Plan, the comments note that a number of the proactive efforts relative to housing in Eagan are coordinated through the Dakota County CDA. The CDA is expected to comment separately on matters relating to the Housing Policy Plan as it pertains to the County as a whole. ➢ In the case of the Transportation Policy Plan, the comments are based on staff's significant years of experience both at the local and regional levels of the transportation system and primarily support practical aspects for a successful transportation plan. Attachments: (2) CM -1 Housing Policy Plan Draft Comment Memo CM -2 Transportation Policy Plan Draft Comment Memo TO: DAVE OSBERG, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 12, 2014 SUBJECT: DRAFT COMMENTS — METROPOLITAN COUNCIL HOUSING POLICY PLAN City staff have reviewed the Metropolitan Council Housing Policy Plan and attended briefings regarding the Plan since its release for public comment. In follow up to that work and our conversations with City staff, CDA staff and other communities, we would propose the following be submitted as formal comment by the City of Eagan for the Met Council's public hearing on the Plan: The City of Eagan may be perceived as community that grew in a compact time period, made up of a homogeneous housing stock, all of which is aging at the same rate. While most of the City's housing development has occurred since the 1970s, the actual range of housing types and values is relatively broad, ranging from the low density single family homes to high density rental and owner occupied properties and life -cycle housing opportunities of various kinds. With ongoing reinvestment by original and successive owners, many of those are maturing well and offering high quality homes and vital neighborhoods for new owners and young families. Over the last fifteen years, the city has approached build out and, as a consequence, it has seen opportunities for the addition of new and additional housing types diminishing. That said, Eagan has achieved a diverse mix of housing by type, age and cost and has begun to focus on retaining the quality and diversity of its existing homes and neighborhoods into the future. The City of Eagan appreciates the work that has been put into the development of the Metropolitan Council Housing Policy Plan. The City also understands the importance the Council places on the various priorities in the plan, many of which the City is pursuing already, including preserving and encouraging reinvestment in its existing housing stock, promoting housing alternatives around transit investments, encouraging compact development and higher density in redevelopment and infill locations and promoting environmental sustainability in development activities. The City will continue to pursue those priorities and others that may arise in its ongoing reviews of City policies and ordinances and, particularly, in its 2018 Comprehensive Guide Plan Update. As it pertains to the current review of the Housing Policy Plan, the City would offer the following comments: • The City of Eagan works closely with and through the Dakota County CDA to define and respond to housing needs and to address the means of addressing them. In this relationship, the City relies on the CDA to approach housing needs and strategies on a County -wide basis, while working with the City on specific projects or programs that apply to Eagan residents or properties. We understand the CDA will be commenting separately and, appreciating their expertise in the area, support their comments regarding the Plan as well. (In the alternative to referencing the County comments generally, are there specific issues or bullets that should be restated in the City's comments ?) The City previously commented through the Thrive 2040 process about the feasibility of the City achieving the household and population growth projections identified for Eagan because the City is approaching full build out in its residentially zoned areas. While the City continues to consider a range of housing types and densities in in -fill developments and has encouraged higher density housing products in opportunity locations, such as the Cedar Grove Redevelopment District, there is not enough new development, in -fill or redevelopment acreage available to achieve the 2040 projections even if all were to be developed as high density residential. The City expects that there will be demand for additional residential development of all types in communities nearby in consideration of the employment concentration within Eagan, but believes that will be spread among a number of cities in the area, not concentrated in Eagan itself. Because the City of Eagan does not believe the projections are achievable, it is important to understand what consequences, if any, are intended to be applied to cities in that situation by the Metropolitan Council. If you have any questions about this matter or if there are suggestions for additions or modifications, please let me know. Community Development Director -7r- ) City of 8 Wo TO: Dave Osberg, City Administrator CC: Dianne Miller, Assistant City Administrator FROM: Russ Matthys, Director of Public Works DATE: September 11, 2014 SUBJECT: MET COUNCIL'S 2040 TRANSPORTATION POLICY PLAN The following are staff's collective thoughts /comments after reviewing the following sections of the Met Council's draft 2040 Transportation Policy Plan (TPP). Please contact me with any questions. Transportation Policy Plan Strategies Comment: The use of Thrive MSP 2040 objectives as requirements for federal transportation funds is inappropriate, especially at a time when federal funding is so relatively low and transportation needs are at an all -time high. The "public" development of Thrive MSP 2040 was limited to very few professional advocates, with nearly non - existent representation of all affected groups within the region amongst the attendees at each of the Thrive MSP 2040 events. While this is not an intentional failure on the Met Council's part, as evident through the publicity effort and encouragement of opportunities for input, the reality is most citizens are unaware of the impact the Met Council's efforts have on several policy decisions made at the local level. The lack of involvement by the public does not equate to a desire for dictates from a minority, but rather calls for caution in the invoking of change to a system that so significantly impacts the majority. Land Use and Local Planning Comment: While the TPP espouses a partnership relationship regarding Thrive MSP 2040 between local units of government and the Met Council, the development process for Thrive MSP 2040 was noticeably under represented by local unit of government partners and their constituents. While at least suggestive in the text of the TPP, there is no reference to Thrive MSP 2040 in MN Statutes sec. 473.851 to 473.871. Comment: Decades of experience do not support allowing the market to determine the necessary parking ratios as part of the development process. The removal of such local requirements is not recommended. Local policies allow shared parking currently and utilize "proof of parking" that provides the same desired end but provides protection if the land use changes and becomes more parking intense. Transportation Finance Comment: Through decades of experience, due to a lack of adequate funding for MnDOT's A -minor arterials and non - freeway principal arterials, locals are being forced to solicit funds for the purpose of upgrading MnDOT's arterials. It would be inappropriate to assume that future federal revenues will not be allocated through locals to MnDOT for such improvements. Highway Investment Direction and Plan Comment: The highway investment plan presents a fiscally constrained plan. However, the interpretation of "fiscally constrained" as it pertains to the highway investment plan is inconsistent with the interpretation of "fiscally constrained" as it pertains to the transit investment plan. Both investment plans must use the same interpretation of "'fiscally constrained." By doing so, the region will either leverage additional funding for highway investment or decrease funding for transit. Continuing to use different interpretations is not equitable. Comment: The highway investment plan casts a single die that is implemented across the entire region. However, the region has subareas with significantly different characteristics and demographics. The one -size fits -all approach misses opportunities for subareas to thrive and provide maximum benefit to the region. For example, areas in the south and southeast part of the region have ability for expansion of the highway system due to right -of -way planning and continued development. While the current Met Council philosophy effectively prohibiting highway expansion might make sense for areas in the urban core where the transportation system is mature and fully - developed, it hinders these developing areas in the south and southeast from achieving their full economic and cultural benefit for the region. Comment: Local agencies are currently providing significant funding for projects on the minor arterial system. The highway investment direction and plan as presented will place additional significant strain on the supporting minor arterial and collector roadway network thereby shifting economic burdens from the regional funding sources to local agencies which have limited funding sources. A plan which includes highway expansion and a consistent interpretation of "fiscally constrained" must be adopted. Transit Investment Direction and Plan Comment: This plan seems to be focused mainly on the core cities. Comment: This plan suggests dedicated bus lanes on certain arterial corridors, but doesn't identify funding sources to construct or maintain. The apparent suggestion that these lanes should be provided by local agencies without any designated funding sources is not a genuine solution. Comment: The transportation system primarily includes infrastructure that addresses the needs of both the roadways and transit operations. However, there appears to be a lack of acknowledgement that enhancements to roadway transportation systems also provide benefit to transit. Comment: One of the Technical Investment Factors for Setting Regional Transitway Policies (p. 246) is the suitability and local policies supporting ground water recharge. While Eagan is genuinely interested in protecting this important resource and is actively working together with the Met Council on appropriately addressing this topic, these subjects should not be connected. Bicycle and Pedestrian Investment Direction Plan Comment: This plan seems to be core -city focused. Comment: The plan lacks acknowledgement that local agencies often build trails that function as regional trails (along state and county highways for example) without necessary resources for snow/ ice control or long term maintenance. This provides a false impression of the usability and sustainability of such features, especially due to winter weather impacts. Resources for such activities need to be addressed. Comment: The plan suggests dedicated lanes be provided on certain local roadways for all types of bicyclists (on -road, trail). The apparent suggestion that these lanes should be provided by local agencies without any designated funding sources is not a complete solution. Aviation Investment Direction and Plan (Appendix) Comment: Eagan has adopted Airport Noise standards within its current Comprehensive Plan and created an overlay Zoning District to help guide and restrict incompatible uses and ensure proper noise mitigation for new development based on the Metropolitan Council's Land Use Compatibility Guidelines for Airport Noise. These requirements were based on the Noise Policy Zones created from the 2007 Mitigated Noise Contours. The current Transportation Draft Plan, retains compatible use and noise level standards but does not include noise contours for the City to implement and plan for long term future use. Met Council Staff has indicated they intentionally left them out of the draft plan because they change regularly. It was our understanding that the noise contours were designed, not only for noise mitigation purposes, but for future land use planning. Eagan chose to adopt the 1 mile buffer area to partially account for this flexibility but a more static long term set of noise policy areas is essential for Eagan to make long term compatible land use decisions. The City of Eagan is requesting additional dialogue with the Met Council regarding this issue, and assistance with it implementation. Work Program Arterial Traffic Management Center Comment: Regional or sub - regional arterial traffic management centers to oversee and coordinate operation of minor arterials throughout the metro regional system are important to the operational enhancement of the transportation system and provide a good return on investment. Principal Arterial Intersection Conversion Study Comment: The use of the Thrive MSP 2040 objectives as requirements is inappropriate. Equity Equity Analysis for Transportation Comment: The resolution of equity of race and income is an all- encompassing matter that must be addressed throughout society. The existing transportation system and its planned funding for preservation, maintenance and expansion of transit oriented methods of transportation currently provide assistance at a 2 to I rate (financial assistance is twice as much as personal cost) for people of race and low income. The further expansion of such financial assistance through the means of reducing clearly needed transportation funding in the remainder of the system is at a point of no to limited return on investment. The continued reduction of financing for the transportation system where the benefit provides the greatest impact to the movement of people and goods would likely further reduce needed employment opportunities through the related impacts to the business industry. Federal Requirements Comment: The Equity and Environmental Justice section suggests an increased focus on preservation of existing transportation infrastructure is needed in areas with higher concentrations of low- income populations and people of color. Further, it states that the transportation infrastructure in these areas is older. Since the transportation investment plan states a strong preference for transit and the interstate highway system, the remaining transportation infrastructure in these areas is largely under local jurisdiction. Preservation of this transportation infrastructure is largely a local, political decision that must be made by the city councils in those municipalities. A significant amount of regional, state and federal funds have been provided to these areas in the past 5 years. Comment: The connection between transportation funding and equity is tenuous. The use of equity measures in the regional solicitation process for federal transportation funding is not the appropriate mechanism to address concerns of equity. The regional scoring process must be based on sound technical factors. Comment: Utilizing federal funds is an inefficient and cumbersome process. Met Council and MnDOT should develop a system whereby federal funds received by the region are utilized by MnDOT on projects in their improvement plan and the equivalent amount of state funds are made available to agencies in the region for projects awarded funding via the regional solicitation process. This would remove many of the hurdles and delays inherent in current process providing better service and return on investment to constituents in the region. Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA N. Wellhead Protection Plan Amendment, Part 2 Action To Be Considered: Receive the draft Wellhead Protection Plan Amendment, Part 2, prepared by Barr Engineering, Inc., and schedule a public hearing to be held on October 7, 2014. Facts: ➢ The City of Eagan's first Wellhead Protection Plan (WHPP) was completed in March, 2002, in compliance with the Minnesota Wellhead Protection Rules (Minnesota Rules 4720.5100 through 4720.5590). ➢ The City of Eagan currently has 21 municipal water supply wells divided into two areas: the North Well Field which includes 13 wells and the South Well Field which includes 8 wells. The wells draw water from the following aquifers: Mt. Simon Sandstone, Prairie du Chien Group and Jordan Sandstone. ➢ An aquifer is an underground layer of water - bearing permeable rock or unconsolidated materials (gravel, sand, or silt) from which groundwater can be extracted using a well. Most of the city's wells are supplied with water from the Jordan Sandstone aquifer. The City has constructed two new municipal wells, Well 20 and Well 21, since the 2002 WHPP was prepared. Since the last delineation of the City's Wellhead Protection Areas (WHPAs) and Drinking Water Supply Management Areas (DWSMAs), the Minnesota Department of Health (MDH) has also instituted new requirements for inclusion of fracture -flow analysis in the delineations. ➢ As required by Minnesota Rule 4720.5570, new WHPAs and DWSMAs were delineated for the City of Eagan. City Council approved the WHPP amendment Part 1 in December of 2012. The WHPP amendment, Part 1, summarized work completed and fulfills the current requirements of the Minnesota Wellhead Protection Rules. ➢ A draft Wellhead Protection Plan amendment Part 2 has been completed in compliance with the Minnesota Wellhead Protection Rules and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the details of this amended plan. Attachments: (1) CN -1 Draft Wellhead Protection Plan Amendment Part 2, attached without appendices •" • 1 OR 1 1; . • • 1 i Prepared for: City of Eagan, Minnesota July 2014 VIA Wellhead and Source Water Protection _ - Part 2: Wellhead Protection Plan Prepared for City of Eagan, Minnesota Wellhead and source Water Protection - Part 2: Wellhead Protection Plan Eagan, Minnesota Prepared for City of Eagan July 2014 I hereby certify that this Plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Geologist under "the laws of the State of Minnesota. .John C. Greer, PG Date: License No. 30347 4700 West 77" Street Minneapolis, MN 55435 -4803 Phone: (952) 832-2600 BARR Fax: (952) 832 -2601 Wellhead and Source Water Protection — Part 2: Wellhead Protection Plan Eagan, Minnesota July 2014 Table of Contents ExecutiveSummary ....................................................................................................... ............................... 1 1.0 Introduction ..................................................... ............................... .................. ............................... 4 1.1 Background ................................... ............................... ... ................ ..............................4 1.2 Description of the Public Water Supply System .......................................... ............................... 5 1.3 DWSMA ....................................................................................................... ..............................6 2.0 Identification and Assessment of Data Elements ... ........................................... .. ............................... 7 3.0 Inventory of Potential Contaminant Sources ...................... ;.................... .. ............................... 8 3.1 Inventory Process ......................................................................................... ............................... 8 3.2 Inventory Results ........................... . .............. ..... ...................... ............................... 9 4.0 Impact of Changes to the Public Water Supply "Wells .............. ......................... .............................10 4.1 Potential Changes Identified .......... ......... ......... .....,..... ......................... .............................10 4.1.1 Physical Environment ....... ......... ......... .................................. ............................... 10 4.1.2 Land Use. ..: ........: ................... .............................................. ............................... 10 4.1.3 Surface Water........ .' :.................. ..::.......................................... ............................... 11 4.1.4 Groundwater ......... ....... .......:.. .............................................. ............................... 11 4.2 Impact of Changes ° : ......... ......... ............................................................ .............................13 4.2.1 Water Use.. .......................................................... ............................... 13 4.2.2 Influence of Existing Water and Land Govermnent Programs and Regulations ......... 13 4.2.3 Administrative, Technical, and Financial Considerations ............ ............................... 15 5.0 Issues, Problems, and Opportunities .................................................................. ............................... 17 5.1 Land Use Issues, Problems, and Opportunities ............................................ .............................17 5.1.1 Source Water Aquifer ................................................................... ............................... 17 5.1.2 Groundwater Quality .................................................................... ............................... 18 5.1.3 DWSMAs ........................................................................................ .............................18 5.2 Issues, Problems, and Opportunities Disclosed at Public Meetings and in Written Comments 19 5.3 Issues, Problems, and Opportunities Related to the Data Elements .......... ............................... 20 5.4 Issues, Problems, and Opportunities Related to Local, State, and Federal Programs and Regulations................................................................................................ ............................... 20 P:Uv4pls\23 MN \19\23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 6.0 Wellhead Protection Goals ................................................................................. ............................... 21 7.0 Objectives and Plans of Action .......................................................................... ............................... 23 7.1 Establishing Priorities ................................................................................ ............................... 23 7.2 Well Management ........................................................................................ .............................24 7.2.1 Distribution of Well Operation and Maintenance Information ..... ............................... 24 7.2.1.1 Source of Action ............................................................. ............................... 25 7.2.1.2 Cooperators .................................................................... ............................... 25 7.2.1.3 Time Frame .................................................................... ............................... 25 7.2.1.4 Estimated Cost ................................................................ ............................... 25 7.3.1.3 7.2.1.5 Goals Achieved ........... ............................... ................ ............................... 25 7.2.2 Promote the Proper Sealing of Unused, Umnaintained, Damaged, or Abandoned 29 7.3.1.5 Wellswithin the City .................................................................... ............................... 25 7.3.2 Tracking 7.2.2.1 Source of Action .............................................................. ............................... 26 7.3.2.1 7.2.2.2 Cooperators ............................. !..................................... ............................... 26 7.3.2.2 7.2.2.3 Time Frame ................................................................... ............................... 26 7.3.2.3 7.2.2.4 Estimated Cost ......................................::......................... ............................... 26 7.3.2.4 7.2.2.5 Goals Achieved . .............................. .............................. ............................... 26 7.2.3 Evaluate Potential New Well Ordinance ... .................................. ............................... 27 7.2.3.1 Source of Action. ... ......... ................ ............................... 27 7.2.3.2 Cooperators ..... ......... ......... ......... ......................... .............................27 7.2.3.3 Time Frame ....................................::......................... ............................... 27 7.2.3.4 Estimated Cost ........ .............................................. ............................... 27 7.2.3.5 Goals Achieved .......... ............................................. ............................... 27 7.2.3 Identify New High Capacity Wells in or Near the DWSMAs ...... ............................... 27 7.2,12 Cooperators ........ ........ .............................................. ............................... 28 7.2.3.3 Time Frame..: :................................................................. ............................... 28 7.2.3.4 Estimated Cost ................................................................ ............................... 28 7.2.3.5 Goals Achieved .............................................................. ............................... 28 7.3 Potential Contaminant Source Properties .................................................... .............................28 7.3.1 Information for Registered Storage Tank Owners ........................ ............................... 29 7.3.1.1 Source of Action ............................................................. ............................... 29 7.3.1.2 Cooperators .................................................................... ............................... 29 7.3.1.3 Time Frame .................................................................... ............................... 29 7.3.1.4 Estimated Cost ................................................................ ............................... 29 7.3.1.5 Goals Achieved .............................................................. ............................... 30 7.3.2 Tracking of Registered Storage Tanks .......................................... ............................... 30 7.3.2.1 Source of Action ............................................................. ............................... 30 7.3.2.2 Cooperators .................................................................... ............................... 30 7.3.2.3 Time Frame .................................................................... ............................... 30 7.3.2.4 Estimated Cost ................................................................ ............................... 31 P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx ii P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx iii 7.3.2.5 Goals Achieved .............................................................. ............................... 31 7.3.3 Potential Class V Wells ................................................................ ............................... 31 7.3.3.1 Source of Action ............................................................. ............................... 31 7.3.3.2 Cooperators .................................................................... ............................... 31 7.3.3.3 Time Frame .................................................................... ............................... 31 7.3.3.4 Estimated Cost ................................................................ ............................... 32 7.3.3.5 Goals Achieved .............................................................. ............................... 32 7.3.4 Inner Wellhead Management Zone Management ......................... ............................... 32 7.3.4.1 Source of Action ............................................................. ............................... 32 7.3.4.2 Cooperators .................................................................... ............................... 32 7.3.4.3 Time Frame .................................................................... ............................... 32 7.3.4.4 Estimated Cost ................................................ ............. ............................... 32 7.3.4.5 Goals Achieved ......................... ......... ......... ........... ............................... 33 7.3.5 Removal of Dump Materials In and Near the IWMZs for Wells 8 and 9 .................... 33 7.3.5.1 Source of Action .................:::......................................... ............................... 33 7.3.5.2 Cooperators ........................... ....... ................... ........................... 33 7.3.5.3 Time Frame .... ............................... .........:................... ............................... 33 7.3.5.4 Estimated Cost .................................................................. ............................... 33 7.3.5.5 Goals Achieved .. ....... ........ ............. ............................... 34 7.3.6 Inforination for Non - Storage Tank Properties ............................................................. 34 7.3.6.1 Source of Action. ......I .. ......... ........ ....................... ............................... 34 7.3.6.2 Cooperators ........ ......... ......... .................................. ............................... 34 7.3.6.3 Time Frame.' ................................................................. ............................... 34 7.3.6.4 Estimated Cost ................... _ .............................. ............................................. 34 7.3...6.5; Goals Achieved .. ....................................................... ............................... 35 7.3.7, Individual Sewage Treatment Systems ......................................... ............................... 35 7.3.7.1 Source of Action ............................................................. ............................... 35 7.3.7.2 Cooperators .................................................................... ............................... 35 7.3.7.3 Time Frame .................................................................... ............................... 35 7.3.7.4, Estimated Cost ................................................................ ............................... 35 7.3.7.5 "Goals Achieved .............................................................. ............................... 35 7.3.8 Transportation Corridors, Pipelines, and Emergency Response ... ............................... 36 7.3.8.1 Source of Action ............................................................. ............................... 36 7.3.8.2 Cooperators .................................................................... ............................... 36 7.3.8.3 Time Frame .................................................................... ............................... 36 7.3.8.4 Estimated Cost ................................................................ ............................... 36 7.3.8.5 Goals Achieved .............................................................. ............................... 36 7.3.9 Agriculture Land Use .................................................................... ............................... 36 7.3.9.1 Source of Action ............................................................. ............................... 37 7.3.9.2 Cooperators .................................................................... ............................... 37 7.3.9.3 Time Frame .................................................................... ............................... 37 P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx iii 7.3.9.4 Estimated Cost ................................................................ ............................... 37 7.3.9.5 Goals Achieved .............................................................. ............................... 37 7.4 General Public Education .......................................................................... ............................... 37 7.4.1 Drinking Water Quality Report ..................................................... ............................... 38 7.4.1.1 Source of Action ............................................................. ............................... 38 7.4.1.2 Cooperators .................................................................... ............................... 38 7.4.1.3 Time Frame .................................................................... ............................... 38 7.4.1.4 Estimated Cost ................................................................ ............................... 38 7.4.1.5 Goals Achieved .............................................................. ............................... 38 7.4.2 City of Eagan Website .................................................................. ............................... 38 7.5.1.4 7.4.2.1 Source of Action ..... ............................... ................... ............................... 39 Goals Achieved .............................................................. ............................... 7.4.2.2 Cooperators ..........................................:.......................... ............................... 39 42 7.4.2.3 Time Frame ......................................................::........... ............................... 39 7.5.2.2 7.4.2.4 Estimated Cost ............... ......... ..................... ............ ............................... 39 Time Frame .................................................................... ............................... 7.4.2.5 Goals Achieved ................................................................ ............................... 39 7.4.3 Inclusion of Wellhead and Source Water Protection in the Planning Process Within the Goals Achieved .............................................................. ............................... DWSMAs..................................................................................... ............................... 39 7.4.3.1 Source of Action ........................ ................................... ............................... 40 7.4.3.2 Cooperators ........ .......... ........ ............. ............................... 40 7.4.3.3 Time Frame .........................:........................................... ............................... 40 7.4.3.4 Estimated Cost .....................:.:......,................................... ............................... 40 7.4.3.5 Goals Achieved .. .......... ........... ................................... ............................... 40 7.4.4 Wellhead Protection. Coordinating Committee ............................... .............................40 7.4.4.1 Source of Action ............ .............................................. ............................... 41 7.4.4.2 Cooperators ....... : ......... .............................................. ............................... 41 7.4.4.3 Trine Frame ..................................................................... ............................... 41 7.4.4.4 Estimated Cost t..... ' .......... ............................................... ............................... 41 7..4.4.5 Goals Achieved ..................... ............................... 7.5 Data Collection .......................................................................................... ............................... 41 7.5.1 Monitoring Static and Pumping Levels in Municipal Wells ......... ............................... 42 7.5.1.1 Source of Action ............................................................. ............................... 42 7.5.1.2 Cooperators .................................................................... ............................... 42 7.5.1.3 Time Frame .................................................................... ............................... 42 7.5.1.4 Estimated Cost ................................................................ ............................... 42 7.5.1.5 Goals Achieved .............................................................. ............................... 42 7.5.2 Other Geologic and Hydrogeologic Data Collection .................... ............................... 42 7.5.2.1 Source of Action ............................................................. ............................... 42 7.5.2.2 Cooperators .................................................................... ............................... 42 7.5.2.3 Time Frame .................................................................... ............................... 43 7.5.2.4 Estimated Cost ................................................................ ............................... 43 7.5.2.5 Goals Achieved .............................................................. ............................... 43 P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan\WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.doex iv 7.5.3 Updating of the Groundwater Model Used in the WHPA Delineation ....................... 43 7.5.3.1 Source of Action ............................................................. ............................... 43 7.5.3.2 Cooperators .................................................................... ............................... 43 7.5.3.3 Time Frame .................................................................... ............................... 43 7.5.3.4 Estimated Cost ................................................................ ............................... 43 7.5.3.5 Goals Achieved .............................................................. ............................... 44 7.5.4 Potential Contaminant Source Database ....................................... ............................... 44 List of Appendices Appendix A MDH Well Records Appendix B Part 1 Wellhead Protection Plan P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx v 7.5.4.1 Source of Action ............................................................. ............................... 44 7.5.4.2 Cooperators .................................................................... ............................... 44 7.5.4.3 Time Frame .................................................................... ............................... 44 7.5.4.4 Estimated Cost ........ ............................... ......... .......... ............................... 44 7.5.4.5 Goals Achieved .............................................................. ............................... 44 7.5.5 Potential Contaminant Source Verification ................................... ............................... 45 7.5.5.1 Source of Action ........................ .................... .......... ............................... 45 7.5.5.2 Cooperators .................................................................. ............................... 45 7.5.5.3 Time Frame .................................................................... ............................... 45 7.5.5.4 Estimated Cost ................ ......... ......... ..................... .............................. 45 7.5.5.5 Goals Achieved ......................... ................................. ............................... 45 8.0 Evaluation Program . ............................... ....... ....... ............. ............................... 46 9.0 Alternative Water Supply Contingency Strategy ......... ......... ....................... ............................... 47 10.0 References .............. ............................... ......... ......... ......... ......................... .............................48 Tables Figures Appendices List of Tables Table 1 Municipal Wells Construction Summary Table 2 Annual Volume of Water Pumped Table 3 Summary of Potential Sources of Contaminants and Assigned Management Priority Table 4 High Capacity Wells within One Mile of the DWSMAs List of Figures Figure 1 Municipal Wells, DWSMAs, and Aquifer Vulnerability Figure 2 Current Land Use Figure 3 Planned Future Land Use Figure 4 High Capacity Wells within 1 Mile of the DWSMAs List of Appendices Appendix A MDH Well Records Appendix B Part 1 Wellhead Protection Plan P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx v Appendix C Data Elements Assessment Appendix D Water Quality Information Appendix E Wellhead Protection Program Evaluation Template Appendix F Eagan Water Supply Plan P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx vi PUBLIC WATER SUPPLY PROFILE The following persons are the contacts for the Eagan Wellhead Protection Plan: Public Water Supply Contact Jon Eaton Superintendent of Utilities City of Eagan 3419 Coachman Point Eagan, Minnesota 55121 Telephone: 651-675-5215 Fax: 651 -675 -5211 e -mail: JEaton @cityofeagan.com Wellhead Protection Manager Jon Eaton Superintendent of Utilities City of Eagan 3419 Coachman Point Eagan, Minnesota 55121 Telephone: 651-675-5215 Fax: 651- 675 -5211< e -mail: JEaton @cityofeagan.com Wellhead Protection Consultant John Greer, PG Burr Engineering Company 4700 W. 77th Street Minneapolis, Minnesota 55435 -4803 Telephone: 952- 832 -2600 Fax: 952 -832 -2601 e -mail: jgreer @barr.com GENERAL INFORMATION UNIQUE WELL NUMBER(S) 205596, 205595, 207258, 235373, 112234, 151552, 151564, 434046, 434030 439839 433275 433287 449230 505636 420971 489215 205809 554225 559401 626784, 721699 SIZE OF POPULATION SERVED 64,325 COUNTY Dakota P;\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx Vll DOCUMENTATION LIST Step Date Performed Scoping Meeting II Held (4720.5340, subp. 1) December 17, 2012 Scoping II Decision Notice Received (4720.5340, subp. 2) January 16, 2013 Remaining Portion of Plan Submitted to Local Units of Government (LUGS) (4720.5350) July 3, 2014 Review Received From Local Units of Government (4720.5350, subp. 2) July _, 2014 through September _, 2014 Review Comments Considered (4720.5350, subp. 3) July _, 2014 through September 2014 Public Hearing Conducted (4720.5350, subp.4) September 2014 Remaining Portion WHP Plan Submitted (4720.5360, subp. 1) October'_, 2014 Final WHP Plan Review Received (4720.5360, subp. 4) P:\Mpls\23 MN \19\23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14,docx viii Executive Summary The Wellhead and Source Water Protection Plan (the Plan) for the City of Eagan (the City) addresses the 21 municipal water supply wells operated by the City. The original Eagan Wellhead Protection Plan received final approval from the Minnesota Department of Health in 2005. This Plan amendment was prepared in accordance with the applicable portions of the State of Minnesota Wellhead Protection Rules (Minnesota Rules 4720.5100 through 4720.5590). The Eagan water supply wells are located in two well fields (see Figure 1). The North Well Field includes Wells 1, 2, 3, 4, 6, 7, 8, 9, 11, 16, 17TL, 20, and 21. The-South Well Field includes Wells 5, 10, 12, 13, 14, 15, 18, and 19. All the wells in both well fields are classified as primary water supply wells. Wells 8 and 11 are open to the Mt. Simon Sandstone aquifer. Well 16 is open to less than 20 feet of the less transmissive lower portion of the Prairie du Chien Group aquifer and the entire thickness of the Jordan Sandstone aquifer. All of the other Eagan water supply wells are open to the Jordan Sandstone aquifer. The Plan consists of two parts. In Part 1 of the Plan, wellhead protection areas (WHPAs) for the Eagan water supply wells were delineated as were the associated drinking water supply management areas (DWSMAs). The DWSMA associated with Eagan's South Well Field extends into the cities of Apple Valley and Rosemount (see Figure 1). The DWSMA associated with Eagan's North Well Field is located within the Eagan city limits. The vulnerability to contamination of the Eagan water supply wells and the associated DWSMAs was also assessed. In accordance with Minnesota Rules 4720.5550, Eagan Wells 3, 4, 6, 7., 13, 14, 15, 18, 19, and 21 were classified as vulnerable to releases of contaminants at the surface while Wells 1, 2, 5, 8, 9, 10, 11, 12, 16, 17TL, and 20 were classified as not vulnerable. Geologic conditions in and around the City's DWSMAs result in the uppermost source water aquifer vulnerability being classified as High in approximately 58% of the area within the DWSMAs with the aquifer vulnerability in the remainder of the area in the DWSMAs classified as either Low or Moderate (see Figure 1). Part 1 of the Plan was approved by the Minnesota Department of Health on November 30, 2012. This document comprises Part 2 of the Plan and includes the following information: Y A review of data elements identified by the Minnesota Department of Health as applicable to the DWSMAs. • Results of an inventory of potential containinant sources within the DWSMAs. P:\Mpls\23 MN \19\23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx • Review of changes, issues, problems, and opportunities related to the public water supply and the identified potential contaminant sources. • A discussion of potential contaminant source management strategies and the goals, objectives, and action plans associated with these management strategies. • A review of the Wellhead and Source Water Protection evaluation program and Eagan's alternative water supply contingency strategy. Potential contaminant sources identified in the DWSMAs include non - municipal wells, potential Class V wells (consisting of properties associated with automotive repair and large scale septic systems likely serving more than 20 people), hazardous waste generators, chemical storage sites, storage tanks, old dump sites, and spill sites. The goals and objectives of this Plan focus on reducing the potential contaminant pathways to the source water aquifer that may be provided by private wells, educating City staff, property owners and water supply users regarding wellhead and source water protection, and working with the Cities of Apple Valley and Rosemount to ensure, to the extent possible, proper management of the portions of the South Well Field DWSMA that extend into these cities. The following goals have been identified for implementation of this Plan: • Maintain or improve the current .level of water quality so that the municipal water supply will continue to meet or exceed all applicable state and federal water quality standards. • Since the South Well Field DWSMA extends into surrounding cities, the City will, to the extent possible and practicable, work with the surrounding cities with the goal of protecting the source water aquifers; • Provide information and promote activities that protect the City's source water aquifers. This will result in increased public awareness of the Wellhead and Source Water Protection Program and groundwater- related issues and include activities to manage the identified potential contaminant source properties within the DWSMAs. • Continue to compile data from the City's wells and available public sources to support future wellhead and source water protection efforts. Actions identified to accomplish these goals include the following: • Well management 1. Encouraging the proper sealing of all unused wells within the DWSMAs. 2. Encouraging proper management of existing wells with in the DWSMAs. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 3. Evaluating the need for a new ordinance regarding installation of wells in the City. • Potential contaminant source properties 1. Encourage proper handling of chemicals /wastes. 2. Encourage proper operation of storage tanks. 3. Removal of dump materials from within and near the IWMZ for Eagan Wells 8 and 9. 4. Periodically obtain information on the status of various permits associated with potential contaminant sources from the regulating agencies to allow timely recognition of potential problems arising at a particular property that could affect the municipal water supply. Public education 1. Providing the public with information regarding the water:quality of the City's drinking water. 2. Improving public awareness and understanding of the City's Wellhead Protection Program. Land use management 1. Inclusion of wellhead and source water protection in the City's planning process. Continued data collection 1. Recording static and pumping water levels in the Eagan municipal wells. 2. Compilation :.of additional local geologic and hydrogeologic data as it becomes available from public sources. 3. Using new ;:geologic / hydrogeologic data to update the groundwater flow model used in the delineation of the WHPA. 4. Periodic compilation of updated information on potential contaminant sources within the DWSMAs. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 3 1.0 Introduction 1.1 Background The City of Eagan (the City) currently operates a total of 21 municipal water supply wells in two well fields. The North Well Field includes Wells 1, 2, 3, 4, 6, 7, 8, 9, 11, 16, 17TL, 20, and 21. The South Well Field includes Wells 5, 10, 12, 13, 14, 15, 18, and 19. Wells 8 and 11 are completed in the Mt. Simon Sandstone aquifer. Well 16 is completed in the lowermost portion of the Prairie du Chien Group aquifer and the Jordan Sandstone aquifer. However, the.Prairie du Chien Group's contribution to water pumped by Well 16 is considered negligible as the 137 -foot long open hole intersects less than 20 feet of the less transmissive lower portion of the Prairie du Chien Group aquifer. All of the other Eagan supply wells are completed in the Jordan Sandstone aquifer. Well locations are shown on Figure 1 and well construction data are summarized in Table 1 and the aquifer from which each well pumps is also identified. Minnesota Department of Health (MDH) well records for the Eagan Municipal wells are presented in Appendix A. Minnesota's Wellhead Protection Rules (4720.5100 ,— 4720.5590) require that public water suppliers prepare a wellhead protection plan and that the plan be updated /amended every 10 years or when new wells are added to the water supply :system. This document is part 2 of an amendment of the City's original wellhead protection plan. Final <approval of the original plan was received from the Minnesota Department of Health (MDH) in 2005. The City of Eagan Wellhead Protection; Plan amendment (WHPP) consists of two parts. In Part 1 of the WHPP, the Wellhead Protection Areas (WHPAs) and Drinking Water Supply Management Areas (DWSMAs) were delineated. Separate DWSMAs were delineated for each of the City's two well fields. These DWSMAs are somewhat larger than the DWSMAs delineated for the original Plan due mainly to the MDH requirement to include a fracture flow evaluation in the new WHPA delineation process. The DWSMA associated with Eagan's South Well Field extends into the cities of Apple Valley and Rosemount. The DWSMA associated with Eagan's North Well Field is located within the Eagan city limits. The aquifer vulnerability classifications in both Eagan DWSMAs range from Low to High (Barr, 2012). Part 1 of the WHPP was approved by the (MDH) in November 2012. A copy of Part 1 of the Eagan WHPP is provided in Appendix B. P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 4 1.2 Description of the Public Water Supply System The City of Eagan is in located in northern Dakota County. The City's municipal water supply system (Public Water Supply 1190007) serves approximately 64,325 residents in Eagan and a portion of Inver Grove Heights. Figure 1 shows the locations of the City's 21 municipal water supply wells. The wells in the North Well Field are found in Township 27N, Range 23W, Sections 9 and 16. The wells in the South Well Field are found in Township 27N, Range 23W, Sections 27 and 28. As noted above, the wells are completed in one or more of the following aquifers: Prairie du Chien Group, Jordan Sandstone, or Mt. Simon Sandstone (Table 1). Minnesota unique well numbers for Wells 1 through 21 are shown in Table 1. As shown in Table 1, Wells 3, 4, 6, 7, 13, 14, 15, 18 19, and 21 are classified as being vulnerable to contamination from the surface while the remaining wells are classified as not vulnerable to contamination (see also Barr, 2012). The two well fields have a total firm capacity of 28.6 million gallons per day (MGD) (Eagan, 2010). Water pumped from the municipal wells goes to one of two treatment facilities operated by the City. One water treatment facility treats water pumped from the North Well Field and the other treatment facility treats water pumped from the South Well Field. These water treatment facilities have a combined capacity of 38 million MGD (Eagan, 2010). In the treatment facilities, Eagan removes iron and manganese from the raw waterand adds fluoride to prevent tooth decay and chlorine for disinfection purposes prior to distribution (Bonestroo, "2008). Eagan's water distribution system includes a wholesale connection to a portion of Inver Grove Heights. The City of Burnsville supplies water to a small portion of Eagan. Eagan currently has 6 water storage reservoirs consisting of a combination of ground reservoirs built on high elevation points and water towers. These reservoirs have a combined storage capacity of over 18.5 million gallons (Bonestroo, 2008). The 2008 Water Supply and Distribution Plan (Bonestroo, 2008) envisions the need for four additional water supply wells and one additional water storage reservoir in the future to meet projected ultimate water demand. As discussed in Barr (2012), pumping information from the City for the period 2007 through 2011 and City water use projections were used to develop pumping rate projections for use in delineating the WHPAs. Annual volume of water pumped by each of the City's municipal water supply wells during the period 2007 through 2011 is shown in Table 2. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_73- 14:docx 1,3 DWSMA The Eagan DWSMAs were delineated to encompass the 10 -year groundwater time of travel zones around the City's wells using both porous media flow and fracture flow evaluation methods (Barr, 2012). The North Well Field DWSMA is found in Township 27N, Range 23W, Sections 3, 4, 5, 8, 9, 10, 15, 16, 17, 20, 21, and 22. The North Well Field DWSMA lies entirely within the city limits and does not overlap with the DWSMA from any other city (Figure 1). The South Well Field DWSMA is found in Township 27N, Range 23W, Sections 20, 21, 22, 26, 27, 28, 29, 32, 33,34 and 35; Township 115N, Range 19W, Sections 7 and 18; and Township 115N, Range 20W, Sections 11, 12, 13, and 14. Portions of the DWSMA delineated for the South Well Field extend into the Cities of Apple Valley and Rosemount but the South Well Field DWSMA does not overlap with the DWSMA from any other city (Figure 1). The City plans to work with Apple Valley and Rosemount, to the extent feasible and practicable, to manage the portions of the South Well Field DWSMA that extend into these other cities. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 6 2.0 Identification and Assessment of Data Elements The Minnesota Wellhead Protection Rules specify data elements that must be addressed in wellhead protection plans. MDH staff met with City staff on two occasions to discuss the data elements that are specified in Minnesota Rule 4720.5400. Results of the meetings were transmitted to the City via two Scoping Decisions dated March 23, 2012 and January 15, 2013. The first Scoping Meeting was held on March 12, 2012. At this meeting, the data elements related to delineation of the WHPAs and DWSMAs and assessment of well and aquifer vulnerability were discussed as was the deadline of April 4, 2015 to complete the WHPP. The second Scoping Meeting was held on December 17, 2012. At this meeting, the data elements required to support development of Part 2 of the WHPP (this document) which identifies potential contaminant sources within the DWSMAs and identifies management strategies to help safeguard the municipal water supply from identified potential contaminant sources were discussed. An assessment of the data elements that pertain to the Eagan WHPP has been prepared, as required by the Minnesota Wellhead Protection Rule, and is presented in Appendix C. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14,doox 7 3.0 Inventory of Potential Contaminant Sources The DWSMA associated with Eagan's South Well Field extends into the cities of Apple Valley and Rosemount (Figure 1). As shown on Figure 1, there are no areas of overlap between the Eagan DWSMAs and the DWSMAs for any of the surrounding cities. A variety of land uses are present in the DWSMAs that may impact the source water aquifer. Per the January 15, 2013 Second Scoping Decision, the City performed a potential contaminant source inventory (PCSI) within the DWSMAs. 3.1 Inventory Process At the Second Scoping Meeting, the types of potential contaminant sources that must be inventoried in the DWSMA were discussed. As discussed in Appendix C, sources of data accessed for the potential contaminant source inventory include City of Eagan, Dakota County, Minnesota Department of Natural Resources (MDNR), Minnesota Department of Public Safety (MDPS), Minnesota Geological Survey (MGS), Minnesota Pollution Control Agency (MPCA), and U.S. Environmental Protection Agency (EPA) databases. Aquifer vulnerability in the DWSMAs varies (Figure 1). Aquifer vulnerability in the majority of the North Well Field DWSMA is classified as High and there are smaller areas in the DWSMA in which the aquifer vulnerability is classified as Moderate or Low. In the South Well Field DWSMA, while the areas of different aquifer vulnerability are more nearly equal than in the North Well Field DWSMA, the High vulnerability classification applies to the largest percentage of the area in the DWSMA and the Low vulnerability classification applies to the smallest percentage of the area in the DWSMA. In the areas of Low aquifer vulnerability classification, the types of potential contaminant sources inventoried include wells (active and sealed) and potential Class V disposal wells (defined by the U.S. EPA as cesspools, large -scale septic systems serving more than 20 people, or potential automotive maintenance waste disposal wells /pits). In the areas of Moderate aquifer vulnerability classification, the types of potential contaminant sources inventoried include wells (active and sealed), potential Class V disposal wells, and storage tanks. In areas of High aquifer vulnerability classification, the types of potential contaminant point sources inventoried include wells (active and sealed), chemical storage sites, potential Class V disposal wells, dump and spill sites, hazardous waste generators, leaking tank sites, individual sewage treatment systems (ISTS; a.k.a., septic P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx systems), and registered storage tank sites. In addition, agricultural land use (non -point source) was also identified in areas of High aquifer vulnerability. The first step in the inventory was to determine if there were any potential contaminant sources in the Inner Wellhead Management Zone (IWMZ) or the Emergency Response Zone (ERZ). The IWMZ is defined as the area within a 200 -foot radius of each municipal well. The ERZ is defined as the area within which the travel time of groundwater to one of the municipal wells is one year or less. The inventory was then expanded out to the boundaries of the DWSMAs. Potential contaminant sources were assigned a priority based on the relative risk they pose to the public water supply. The evaluation of risk related to a potential contaminant source type is based on the locations of potential contaminant sources of that type. Higher priority was assigned to those potential contaminant sources that would potentially pose the highest risk to the municipal water supply should a contaminant release occur. 3.2 Inventory Results A more detailed discussion of the potential contaminant sources within the DWSMAs is presented in Appendix C. The inventory results are summarized in Table 3. The Wellhead Protection rules requite that at least 25 locations of each type of potential contaminant source identified during the PCSI be verified during preparation of the plan. The rules also require that if there are fewer than 25 of a particular potential contaminant source type that all locations of that type be verified. During the preparation of this Plan, all potential contaminant source locations identified during the PCSI were verified to the extent possible based on available information. Verification procedures used included snatching snapped locations with addresses on in the applicable federal, state, or county database, published business addresses, property parcel addresses, local knowledge of City staff, and/or ,information from City files (note that not all verification procedures were used for each type of potential contaminant source). Verified locations are identified in the tables in Appendix C. P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.doex 9 4.0 Impact of Changes to the Public Water Supply Wells In accordance with the requirements of Minnesota Rules 4720.5220, anticipated changes in the physical environment, land use, surface water, and groundwater in the DWSMAs within the next 10 years and the impact of these changes on the source water aquifers are discussed in this section. 4.1 Potential Changes Identified 4.1.1 Physical Environment Significant or large -scale changes in the physical environment are not anticipated in the next ten years. Changes to existing municipal wells that provide water for the City are not anticipated in the next ten years. As discussed in the Water Supply and Distribution Plan (Bonestroo, 2008), it is considered likely that the City will construct one additional water supply well in the North Well Field by about 2020. It is anticipated that the new well would be constructed in the Jordan Sandstone aquifer. While operation of a new municipal water supply well in the North Well Field may change the boundaries of the DWSMA associated with the well field it would likely not affect the management strategies presented in this Plan. The City will work with the other local governmental units whose jurisdictions overlap the DWSMAs to the extent practicable to manage the portions of the DWSMAs that fall within their jurisdictional boundaries. 4.1.2 Land Use Land within the City of Eagan, including within the DWSMAs, is essentially fully developed with approximately 95% of the land in Eagan being developed (Eagan, 2010). Redevelopment of areas will occur in the future. A current (20 10) land use map and a projected land use map for 2030 are shown on Figures 2 and 3, respectively. Comparison of the current land use with the projected year 2030 land use indicates that, in general, the few undeveloped properties within the DWSMAs are anticipated to be developed. City staff anticipate that the shall area of agricultural land use currently in the DWSMAs will be developed and put to other uses in the next few years. Projected future land uses in the DWSMAs are currently present within the DWSMAs. Therefore, all land uses anticipated during the next ten years within the DWSMAs are currently present in the area covered by this Plan. P: \Mpls\23 MN \19\23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14,doex 10 As a result, adjustments in the land use within the DWSMAs such as those projected for the year 2030 will be adequately addressed by the management strategies put forth in this Plan. 4.1.3 Surface Water There are surface water bodies and wetlands within the DWSMAs. Eagan has in place plans (see Bonestroo, 2007a; b), ordinances, and zoning to protect these surface water bodies and wetlands, as well as to manage stormwater within the City. Eagan's management of surface water bodies, wetlands, and stormwater is not expected to adversely affect the management strategies for the Eagan DWSMAs. Rather, the City's management of surface water bodies, wetlands, and stormwater is consistent with the objectives of this Plan. Therefore, the City believes that additional management actions related to surface water, wetlands, or stormwater in this Plan are not necessary. The City is not aware of any plans to alter the course or location of any surface water bodies currently present within the DWSMAs in the next 10 years. 4.1.4 Groundwater As discussed above, the City currently provides water to residents of Eagan and a portion of Inver Grove Heights. The City anticipates continuing to supply water to a portion of Inver Grove Heights into the future. As discussed in the 2030 Comprehensive Plan Update (Eagan, 2010), Eagan is nearly fully developed but future increases in population rare anticipated. As the population of Eagan grows water demand in the City will grow as well; As discussed in the 'Water Supply and Distribution Plan (Bonestroo, 2008), it is considered likely that the City will construct one additional water supply well in the North Well Field by :about 2020 to meet increased water demand. It is anticipated that the new well would be constructed in the Jordan :Sandstone aquifer. City staff inspect the treatment plants and municipal wells regularly. The MDH inspects all treatment facilities and wells annually. This inspection includes sampling of all wells to insure they comply with applicable regulatory standards. In addition, Eagan has a SCADA system that continuously measures the volume of water pumped from a well, the instantaneous pumping rate for each well, and the water level (static or pumping) in each well. The SCADA system can produce daily reports summarizing the data recorded for each of the municipal wells. Long term groundwater level data for the Jordan Sandstone aquifer have been collected from an MDNR observation well (Observation Well 19030; Unique No. 205809) in the northeastern portion P:\Mpls\23 MN \19\23191155 Eagan Wellhead Protection PlatMorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 11 of Eagan since 1977. The data indicates that potentiometric levels in the Jordan Sandstone aquifer fluctuate seasonally. In addition, over the entire data record (August 1977 — March 2013) the potentiometric level in the Jordan Sandstone aquifer measured in the MDNR observation well shows a declining trend. However, during the period 2008 to 2013 there is no clear decreasing trend in the water level data. The MDNR has also collected potentiometric level data for the Mt. Simon Sandstone aquifer since July 2011 from an observation well hear Lebanon Hills Regional Park (Observation Well 19086; Unique No. 783608). The available data from this well indicates that the potentiometric level in the Mt. Simon Sandstone does undergo seasonal fluctuation but the dataset does not cover a sufficiently long time period to allow characterization of any long tern potentiometric surface trends in the Mt. Simon Sandstone aquifer. The City supports water conservation. The City has put in place permanent, year -round outdoor water usage rules which restrict water usage to either odd or even days of the month, depending on the property address. Eagan has also adopted a tiered water rate structure to encourage users to conserve water. In addition, Chapter 3 of the City Code requires that leaking water lines be repaired within 24 hours of identification of the leak. In all new construction, the use of low -flow water conserving toilets and fixtures is required. Information on water conservation is available via the City's website. For new developments, Eagan requires proof of proper closure of unused wells on the property. As shown in Table 4 and on Figure 4, there are 42 high capacity wells within one mile of the Eagan DWSMAs (including the.Eagan municipal wells). ,(A high capacity well is a well that pumps 10,000 or more gallons per day or 1,000,000 or more gallons per year.) In the next ten years it is possible that new business or industrial developments in or near Eagan may seek to construct privately -owned high capacity wells .completed in one of the source water aquifers. Depending on their location, such wells could potentially' affect the DWSMAs. In addition to managing to the extent possible installation of any new high - capacity wells in Eagan, the City will work with the Cities of Apple Valley and Rosemount, to the extent feasible and practicable, to manage the installation of any new high capacity water supply wells in one of the source water aquifers within or near the portion of the South Well Field DWSMA that extends into each of these other municipalities. The City of Eagan currently does not know of any proposed developments that include plans for privately -owned high capacity wells within the DWSMAs. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.doex 12 Beyond the projected addition of one well to the Eagan municipal water supply system, the City is not aware of any plans for significant changes regarding groundwater use within the DWSMAs that are anticipated to occur within the next ten years. 4.2 Impact of Changes 4.2.1 Water Use In the coming years, the City's population and water demand are anticipated to increase. Eagan's Water Supply Plan (Eagan, 2007) conservatively projects water use of approximately 4.0 billion gallons in the year 2020. Based on the information in the City's Water.Supply Plan and water use reported to the MDNR in 2010, water use is projected to increase approximately 31% between 2010 and 2020. Based on the projected increase in water demand, it is likely that the City will need to install one new municipal water supply well in the next ten years. As noted above, Eagan has a water conservation program that includes a tiered water rate structure and year -round odd /even outdoor water use restrictions. The construction and operation of one or more additional high capacity wells in or near the Eagan DWSMAs or significant changes in current groundwater appropriations for existing wells in the area could affect the source water aquifers and local water supplies. Such changes could also potentially change the boundaries of the WHPAs and DWSMAs delineated for the existing City of Eagan wells. Increased pumpage from the source water aquifers in the vicinity of Eagan could result in a lowering of static water levels in the .City of Eagan wells if the pumping exceeds the recharge to the aquifers. The City of Eagan will work with the MDH Source Water Protection Unit to identify any proposed high capacity wells and provide interaction with the proposed well owner(s) to minimize problems. 4.2.2 Influence of Existing Water and Land Government Programs and Regulations Chapter 3 of the Eagan City Code addresses the public water supply. A copy of the Eagan City Code is available from the Wellhead Protection Manager or on the Internet at the following location: bttp:HIibrai-y.muiiicode.com/index.aspx?clientld=l3070. Chapter 3 of the City Code specifies that if property owners or occupants do not repair a leaking water service pipe within 24 hours after of receiving oral or written notice of the presence of a leak the water service to the property may be shut off until the leaking pipe has been repaired. The City has put in place a year- round, odd -even restriction on outdoor water usage. That is, outdoor water usage is allowed at even - numbered addresses on even - numbered days and at odd - numbered P:\Mpls\23 MN \19\23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 13 addresses on odd - numbered days. There is a three week exception from the outdoor water use restrictions for newly seeded or sodded lawns and new landscaping. The aim of this restriction is to even out water usage during peak demand times in the City. Eagan has a tiered water rate structure in which a higher rate is charged to the consumer for water usage above the consumer's winter usage. The aim of the tiered rate structure is to give the consumer an incentive for minimizing their water usage, particularly during the warmer months of the year when demand is generally higher. Chapter 4, Section 4.04 of the Eagan City Code addresses individual sewage treatment systems (ISTS). The City Code adopts the State statutes and rules regarding ISTS, except as specified in the Code, and requires a property owner to get a permit from the City before constructing, replacing, extending, or repairing an ISTS. Chapter 4, Section 4.30 subd. 5.H of the City Code requires written approval from the City Council for installation of a well larger than 4- inches in diameter anywhere within the City. Storrnwater management in the City is addressed in Eagan's Stor nwater Management Plan (Bonestroo, 2007b) and Water Quality and Wetland Management Plan (Bonestroo, 2007a). The City believes that their existing stormwater management program is sufficient to address stormwater within the DWSMAs. In those portions of the South Well Field DWSMA that are outside of the Eagan city limits, the City must rely on other governmental units :for regulations that address issues that may impact the source water aquifers. "Therefore, Apple Valley aid Rosemount city ordinances; Dakota County ordinances, Dakota County Well Management Program, the MDNR Waters Appropriations Permitting Program, the State of Minnesota Well Management and Drinking Water Supply Programs; The U.S. EPA's program for regulation of Class V wells; and the MPCA's regulation of hazardous waste generators and oversight of contaminant release response, and permitting /regulation program for operation of storage tanks will be relied upon for assistance in regulating the installation of new wells, water appropriation permitting, the proper sealing /abandonment of existing wells, and regulation of potential contaminant sources that could potentially affect drinking water quality in the City. The City believes that the current level of regulations and oversight are adequate to address these issues. Land use control and land activities outside of the City are governed by the local unit of government with jurisdiction in a particular area. This Plan has been developed to protect the interests of the City of Eagan and, to the extent practicable, to have no adverse effect on the plans and strategies P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan\WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 14 developed for adjacent communities. The Metropolitan Council jurisdiction overlaps both of Eagan's DWSMAs. The North Well Field DWSMA is overlapped by the jurisdictions of the Lower Minnesota River Watershed District and the Gun Club Lake Watershed Management Organization. The South Well Field DWSMA extends into Apple Valley and Rosemount. In addition, the South Well Field DWSMA is overlapped by jurisdictions of the Gun Club Lake Watershed Management Organization and the Vermillion River Watershed Joint Powers Organization. This Plan will be provided to these other governmental units as a resource for future land development planning. Local ordinances and plans related to land use will be relied upon for the management of the portion of Eagan's DWSMAs that extends into Apple Valley and Rosemount. The Wellhead Protection Manager will, to the extent feasible and practicable, communicate the goals and objectives of this Plan to the other local governmental units whose jurisdictions overlap the Eagan DWSMAs. The City will continue to rely on Federal, State, County, and local agencies andxegulations and programs to handle issues outside of the City's boundaries regarding water conservation, water appropriations, well installation and sealing, septic systems, and storm and sanitary sewer extensions. The City will comply, as necessary, with the requirements of the MPCA's current Stonnwater Pollution Prevention Program (SWPPP) and the current National Pollutant Discharge Elimination System (NPDES) program to regulate the quality.and quantity of stormwater discharge. These programs have proven to be effective. City staff will cooperate with these agencies if any issues arise. 4.2.3 Administrative, Technical, and Financial Considerations Eagan will have adequate resources available to protect the public water supply's source water aquifers. In general, funds to support ongoing wellhead and source water protection efforts will come from the City's Public Utilities Enterprise Fund. The City may also submit grant applications to the Minnesota Department of Health's Source Water Protection Grant Program for additional funds for source water protection programs. Wellhead and source water protection activities will be evaluated at least every two years and any changes in the focus of the tasks will also be evaluated to determine if additional funding will be necessary to accommodate the changes. For this Plan to be effective, the City will need to continue making the public aware of the issues affecting its water supply through public educational programs. Therefore, a significant portion of the wellhead and source water protection actions will include public education. P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorlcFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 15 Routine administrative duties will be directed or performed by the Wellhead Protection Manager. Specific tasks and strategies will be performed by the Wellhead Protection Manager or delegated by the Manager to City staff or outside resources. Based on current population projections and existing pumping capacity, the City anticipates installing one new water supply well in the next ten years. The City does not anticipate adding additional storage reservoirs or treatment facilities in the next ten years.. If new high capacity wells are installed in the vicinity of the Eagan DWSMAs, the City will periodically evaluate, with the assistance of their Wellhead Protection Consultant and, perhaps, the MDH, what effect, if:any, the new wells have on the boundaries of the Eagan DWSMAs. Eagan will work, to the extent practicable, with the other local governmental units whose jurisdictions overlap the Eagan DWSMAs to manage the portion of the DWSMAs within each of these jurisdictions. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorlcFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.doex 16 5.0 Issues, Problems, and Opportunities In accordance with Minnesota Rules chapter 4720.5230, this section discusses issues, problems, and opportunities related to land use, comments from local units of government and the general public, the data elements and local, state, and federal programs and regulations. 5.1 Land Use Issues, Problems, and Opportunities 5.1.1 Source Water Aquifer As shown on Figure 1, the aquifer vulnerability classification in the Eagan DWSMAs ranges from Low to High. In the North Well Field DWSMA the aquifer vulnerability in the majority of the area is classified as High. In the South Well Field DWSMA the areas of Low, Moderate, and High aquifer vulnerability are more nearly equivalent than in the North Well Field DWSMA. Therefore, land use issues, problems and opportunities must be assessed to determine what, if any, potential affect they may have on the management of the municipal wells and the Eagan DWSMAs. The City anticipates installing one new municipal well in the next ten years. Installation of additional high capacity wells within or near the Eagan DWSMAs, :either by Eagan or others (either municipal wells or private wells), could produce changes in the groundwater flow system which could result in changes to the shape and extent of the WHPAs and DWSMAs delineated for this Plan. The City will work with the Wellhead Protection Consultant and MDH to amend this Plan as necessary if and when additional high capacity wells are installed within or near the DWSMAs. As discussed elsewhere in this Plan, potential sources of contamination that could affect the source water aquifer were identified during the PCSI. These potential contaminant sources include wells, storage tanks, hazardous waste generators, dump and spill sites, chemical storage sites, ISTS, and potential Class V well locations. A few of the potential contaminant sources identified in the DWSMAs are located within the Inner Wellhead Management Zones around the Eagan wells. A few of the identified potential contaminant source locations fall in or near the Emergency Management Zones (EMZs) around the municipal wells. The entities in the various potential contaminant source categories are regulated by County or State programs. The lack of City jurisdiction over the potential contaminant source entities poses a potential problem for protection of the source water aquifer. However, the jurisdictional issues also provide the City of Eagan with an opportunity to develop working relationships with County and State agencies that regulate the potential contaminant source P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 17 entities. Therefore, the City will work with the appropriate County and State programs, to the extent practicable, to address the potential contaminant sources within the DWSMAs. Eagan has a Comprehensive Plan (Eagan, 20 10) in place that includes policies for managing growth of the City. Policies identified in the Comprehensive Plan will help protect the City's source water aquifer. Eagan will also discuss with the Cities of Apple Valley and Rosemount, to the extent practicable, the development of land management policies that will protect the source water aquifer in the portion of the South Well Field DWSMA that extends into these cities. 5.1.2 Groundwater Quality Eagan has always placed a high priority on the safety of the municipal water supply system. To prevent the possibility of unauthorized people gaining access to the City's wells, Eagan strictly limits access to their municipal wells and associated infrastructure to the City's Public Works staff. As discussed in Appendix C, groundwater pumped from the source water aquifers is currently free of pathogens and disease - causing organisms and meets or exceeds the water quality requirements of the Federal Safe Drinking Water Act. The water pumped by the municipal wells is classified as "hard" and the City does treat the water to prevent precipitation of iron and manganese in the distribution system. 5.1.3 DWSMAs Current land uses within the DWSMA that cover inore than 1% of the area in the DWSMAs include residential uses, parks /recreational /preserve uses, industrial and utility uses, commercial uses, undeveloped land, and transportation corridors. Agricultural land uses are found in less than I% of the area encompassed by the DWSMAs (Appendix C). As shown Table 1, just overhalf of the Eagan municipal wells open to the Jordan Sandstone aquifer have been classified as being vulnerable to contamination while the remainder of the municipal wells open to the Jordan Sandstone as well as the wells open to the Mt. Simon Sandstone aquifer have been classified as not vulnerable to contamination. The uppermost source water aquifer in the Eagan DWSMAs has also been classified as vulnerable to contamination, although the vulnerability classification varies across the DWSMAs. It was not necessary to include a surface water contribution area in the delineation of the Eagan DWSMAs (Barr, 2012). While current and future land use could potentially affect the management strategies for portions of the Eagan DWSMAs, no P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plau \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 18 issues, problems, or opportunities, other than the potential contaminant source locations previously discussed have been identified regarding land uses in the DWSMAs. As discussed elsewhere in this Plan, both DWSMAs are overlapped by other jurisdictions and portions of the South Well Field DWSMA extend beyond the Eagan city limits into Apple Valley and Rosemount. Thus, Eagan does not have jurisdiction over the entire South Well Field DWSMA. Therefore, Eagan will work, to the extent practicable, with Apple Valley and Rosemount to establish requirements regarding management of the portions of the South Well Field DWSMA within their jurisdictions. Information gathered for this Plan provides the City with the basis for tracking potential contaminant sources within the DWSMAs. Thus, the City has an opportunity to catalog,and track potential contaminant sources and stay informed of land use changes or potential future threats to the source water aquifer. 5.2 Issues, Problems, and Opportunities Disdiosed at Public Meetings and in Written Comments At the beginning of the development;.of this Plan, the City of Eagan sent a notification to other local units of government of its intention to prepare a wellhead protection plan amendment. The MDH approved Part 1 of the Plan in November 2012 (MDH, 2012). As required by the Wellhead Protection Rules, Eagan subsequently sent information on the WHPAs, DWSMAs, and aquifer and well vulnerability to the local units of government whose jurisdictions overlap some portion of the Eagan DWSMAs: The City of Eagan held an open house on December 11, 2012 and a Public Information Meeting on December 18, 2012 to receive comments on the Part 1 Wellhead Protection Plan amendment from the general public. The local units of government whose jurisdictions overlap the DWSMAs were notified of the Public Information Meeting. To date, the City has not received any communications of issues, problems, or opportunities related to the wellhead protection planning process. As required by the Wellhead Protection Rules, the City provided local units of government whose jurisdictions overlap the DWSMAs a copy of the draft Part 2 Wellhead Protection Plan. P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 19 The City held a Public Hearing on the WHPP on TO BE DETERMINED. The local units of government whose jurisdictions overlap the DWSMA were notified of the time, date, and place for the Public Hearing. 5.3 Issues, Problems, and Opportunities Related to the Data Elements Beginning with the delineation of the WHPAs (i.e., Part 1 of this Plan) and continuing in this document, the required data elements identified by the MDH have been addressed. As discussed in Appendix C, available local and regional information was used in compiling and assessing the data elements. The City intends to continue collecting data from the municipal wells and other applicable information from public data sources, as it becomes available, during the next ten years. At a minimum, this Plan will be revised /updated every 10 years, as required by the Wellhead Protection Rules. Each time this Plan is revised /updated the most recent and accurate data available will be used. 5.4 Issues, Problems, and Opportunities Related to Local, State, and Federal Programs and Regulations State and local units of government currently enforce land use ordinances, zoning laws, sewer ordinances, well permitting regulations, stormwater regulations, storage tank regulations, hazardous waste generator regulations,, spill site remediation regulations, and groundwater appropriation permit regulations. The City will work with the Cities of Apple Valley and Rosemount to ensure proper management of the portion of the South Well Field DWSMA that extends into these cities. The City will work to promote the use zof best management practices for potential contaminant source properties within the DWSMAs. It is anticipated that local issues will be adequately addressed through these existing processes and adoption of best management practices. Neighboring cities whose jurisdictions overlap Eagan's South Well Field DWSMA use the same source water aquifers as Eagan for their municipal water supplies. Implementation of this WHPP will provide the City with the opportunity to work with the neighboring cities whose jurisdictions overlap the southern DWSMA to cooperatively manage their shared source water resource. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.doex 20 6.0 Wellhead Protection Goals In accordance with Minnesota Rules chapter 4720.5240, this section discusses the goals for present and future water use and land use in the DWSMAs to provide a framework for Plan objectives and related actions. Goals presented in this section were selected based on the information gathered and compiled from the data elements, delineations of the WHPAs and DWSMAs, results of the vulnerability assessments, results of the PCSI, evaluation of potential for changes in land and water uses, identified issues, problems, and opportunities, and evaluation of this information. Through the years the City has worked to meet water demands with a sufficient and safe water supply. Eagan intends to continue providing a safe water supply to its residents and businesses and other customers into the future by implementing this Plan. Some of the Eagan municipal wells have been classified by the MDH as vulnerable to contamination from the surface. The goals and objectives of this Plan focus on reducing the potential contaminant pathways to the source water aquifer that may be provided by private wells, educating potential contaminant source property owners:<and water supply users regarding the City's wellhead protection program and what they can do to help maintain the quality of the City's drinking water supply and working with the Cities of Apple Valley and Rosemount to ensure, to the extent possible, proper management of the portions of the South Well Field DWSMA that extend into these cities. Eagan has identified the following goals for implementation of this Plan: • The City will work to maintain or improve the current level of water quality so that the municipal water supply will continue to meet or exceed all applicable state and federal water quality standards. Since the South Well Field DWSMA extends into surrounding cities, the City of Eagan will, to the extent possible and practicable, work with the surrounding cities with the goal of protecting the source water aquifers. • The City will provide information and promote activities that protect the City's source water aquifers. This will result in increased public awareness of the Wellhead and Source Water P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 21 Protection Program and groundwater- related issues and include activities to manage the identified potential contaminant source properties within the DWSMAs. • The City will continue to compile data from their wells and available public sources to support future wellhead and source water protection efforts. P:\Mpls\23 MN \19\23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WI-IPP_7- 3- 14.docx 22 7.0 Obiectives and Plans of Action In accordance with Minnesota Rules chapter 4720.5250, this section discusses the objectives and plans of action to goals for Eagan's Wellhead and Source Water Protection Program. 7.1 Establishing Priorities The uppermost source water aquifer that supplies much of the groundwater for Eagan's public water supply has been classified as vulnerable to contamination. Potential contaminant sources within the DWSMAs have been determined to consist of storage tanks sites, hazardous waste generators, dump and spill sites, ISTS, chemical storage sites, potential Class V well locations, and wells. Privately owned wells within the DWSMAs could potentially provide a pathway for; contaminants to reach the source water aquifers if they were not properly constructed, are not properly maintained, or are not properly sealed when no longer in use. Aquifer vulnerability varies from Low to High in the Eagan ''DWSMAs. Addressing potential contaminant sources in areas where aquifer vulnerability is classified as High should be given a high priority. In addition, addressing privately owned wells that extend into or through the source water aquifers should also be given a high priority. Priorities assigned to the various potential contaminant source categories are summarized in Table 3. The City has identified the objectives and corresponding actions described in the following sections for accomplishing the wellhead and ;source water protection goals discussed above in Section 6. The goals for the City of Eagan Wellhead and Source Water Protection Program identified in Section 6 of this Plan will be achieved through the following management actions: ® Well management 1. Encouraging the proper sealing of all unused wells within the DWSMAs. 2. Encouraging proper management of existing wells with in the DWSMAs. 3. Evaluating the need for a new ordinance regarding installation of wells in the City. ® Potential contaminant source properties 1. Encourage proper handling of chemicals /wastes. 2. Encourage proper operation of storage tanks. 3. Removal of dump materials from within and near the IWMZ for Eagan Wells 8 and 9. 4. Periodically obtain information on the status of various permits associated with potential contaminant sources from the regulating agencies to allow timely P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14,docx 23 recognition of potential problems arising at a particular property that could affect the municipal water supply. • Public education 1. Providing the public with information regarding the water quality of the City's drinking water. 2. Improving public awareness and understanding of the City's Wellhead Protection Program. a Land use management 1. Inclusion of wellhead and source water protection in the City's planning process. • Continued data collection 1. Recording static and pumping water levels in the Eagan' municipal wells. 2. Compilation of additional local geologic and hydrogeologic data as it becomes available from public sources. 3. Using new geologic /hydrogeologic data to update the groundwater flow model used in the delineation of the WHPA. 4. Periodic compilation of updated information on potential contaminant sources within the DWSMA. 7.2 Well Management The well management objectives outlined in this section consist of promoting the proper sealing of any unused, unmaintained, damaged, or abandoned wells and promoting proper management of active wells within the DWSMAs, which will include working with other cities within the South Well Field DWSMA to accomplish the objectives. 7.2.1 Distribution of Well Operation and Maintenance Information The MDH has developed u handbook of information on proper well construction, operation, and maintenance titled "The Well Owner's Handbook ". This handbook is available on the MDH website. The City will provide the handbook information to all owners of active wells within the DWSMAs. To accomplish this, a link to the MDH website page where the handbook can be found will be added to the City's website. The City will also notify well owners within the DWSMAs via mail that the information is available through the City's website. The cities of Apple Valley and Rosemount will be asked to provide the handbook information to any new well owners that take up residence in the portion of the South Well Field DWSMA that falls within their jurisdictions. Eagan staff will track P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 24 the number of well owners to whom they provide information regarding the Well Owner's Handbook. 7.2.1.1 Source of Action Eagan staff will obtain the website information for the handbook from the MDH. City staff will then mail the website information to appropriate addresses within the DWSMAs, include a link to the MDH website on the City's website, have a copy of the handbook available in a publicly accessible location in the Eagan city offices, and request that other cities within the South Well Field DWSMA provide a link on their websites to the MDH website page where the handbook can be found. 7.2.1.2 Cooperators Eagan, Apple Valley, and Rosemount staffs. 7.2.1.3 Time Frame Distribution of the information to owners of wells and the requests to the cities of Apple Valley and Rosemount will be completed within 1 year after approval of this WHPP. 7.2.1.4 Estimated Cost Approximately $1,000. Costs will include City staff time, postcard printing and postage costs, and handbook printing costs. 7.2.1.5 Goals Achieved Through the MDH handbook, well .owners will be educated concerning the proper operation and maintenance of wells. Proper :operation and maintenance of wells will reduce the potential risk of these wells becoming pathways -for contaminants to travel from the ground surface to the source water aquifer. Success criterion: Notification by mail of well owners in the DWSMAs that information on the proper operation and maintenance of private wells is available through the City's website will be completed within one year of MDH approval of the WHPP and tracking of the number of well owners to whom the notification is sent. 7.2.2 Promote the Proper Sealing of Unused, Unmaintained, Damaged, or Abandoned Wells within the City City staff will promote the proper sealing of unused privately owned wells within the DWSMAs. Proper sealing of unused wells can be promoted by periodically mailing (e.g., as water bill inserts or post cards) a reminder to owners of wells that unused wells should be properly sealed and by posting P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 25 a reminder on the City's website. The reminder will include a notification of the Dakota County cost share prograin for the sealing of unused wells. Proper sealing of unused wells at properties on which new developments are built or as properties are redeveloped can be promoted as part of the City's development approval process. City staff will work with staff from the other cities into which the South Well Field DWSMA extends, to the extent practicable, to promote the proper sealing of unused privately owned wells in the portions of the DWSMA within their jurisdictions. Eagan staff will provide assistance in disseminating appropriate information to neighboring cities if requested and feasible. 7.2.2.1 Source of Action City of Eagan staff and staff from Apple Valley and Rosemount. 7.2.2.2 Cooperators City staff and Apple Valley and Rosemount staffs. 7.2.2.3 Time Frame The first reminders to owners of wells identified as high priority (e., wells completed in or penetrating a source water aquifer; see Table 3) will occur within one year of approval of this Plan. Subsequent reminders will include owners of wells identified as High and moderate priority and will be mailed approximately every three years beginning in year four of Plan implementation. The Wellhead Protection Manager, or designated representative, will contact representatives of the other cities into which the South Well Field DWSMA extends to request their assistance in promoting proper sealing of unused wells and to - invite their participation in a Wellhead Protection Coordination Committee within one year of approval of this WHPP. 7.2.2.4 Estimated Cost Approximately $1,000 - $2,000 for each well sealing reminder mailing event. City staff time and costs for preparing and mailing reminders to well owners. 7.2.2.5 Goals Achieved As this action is implemented, the City's goal of working to eliminate potential pathways for contaminants to travel from the ground surface to the source water aquifers will be realized. Success criterion: Completion of distributing the reminders distributed to well owners in the DWSMAs per the time frames identified in Section 7.2.2.3 and tracking of the number of reminders distributed. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 26 7.2.3 Evaluate Potential New Well Ordinance Chapter 4, Section 4.30 subd. 5.11 of the City Code requires written approval from the City Council for installation of a well larger than 4- inches in diameter anywhere within the City. City staff will evaluate the feasibility and need for a new well ordinance that either 1) requires written approval from the City Council for installation of a well of any diameter within the City or 2) prohibits the installation of a well either a) anywhere within the City limits or b) within the portions of the DWSMAs within the City limits. If the evaluation determines that a new well ordinance is feasible and needed then City staff will snake a recommendation to the City Council. 7.2.3.1 Source of Action City of Eagan staff 7.2.3.2 Cooperators None 7.2.3.3 Time Frame The evaluation of a potential new well ordinance will be completed within 18 months of approval of this WHPP. 7.2.3.4 Estimated Cost City staff time 7.2.3.5 Goals Achieved The evaluation,will determine if a new well ordinance is needed to prevent the introduction of new potential pathways, pathways for contaminants to travel from the ground surface to the source water aquifers is needed. Success criterion: Completion of the evaluation within the time frame identified in Section 7.2.3.3 and, if determined necessary, making a recommendation to the City Council regarding a new well ordinance. 7.2.3 Identify New High Capacity Wells in or Near the DWSMAs City staff will identify new high- capacity wells that are proposed for construction in or near Eagan's DWSMAs and /or major changes to groundwater appropriations for existing high- capacity wells to determine whether the pumping of said wells will affect the groundwater flow direction, static water level, or groundwater availability within the DWSMAs or alter the current boundaries of the DWSMAs delineation or other portions of the City's WHPP. P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan\WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.doex 27 7.2.3.1 Source of Action The City receives notification from Dakota County Environmental Services every time a well permit or sealing permit (including for high capacity wells) is requested within Eagan. City staff will also work on an ongoing basis to obtain from the MDH and Regional MDNR office information on any newly proposed /constructed high capacity wells within or near the DWSMAs outside of the city limits of Eagan or any changes to existing appropriations permits for existing, nearby high capacity wells. City staff will also request assistance from the Wellhead Protection Consultant and the MDH to evaluate whether proposed pumping (or changes to pumping) will change the boundaries of the DWSMAs delineated for Eagan's wells. 7.2.3.2 Cooperators City staff, Dakota County Environmental Services, MDH, MDNR, and the Wellhead Protection Consultant. 7.2.3.3 Time Frame Ongoing. 7.2.3.4 Estimated Cost Approximately $3,000 - $10,000 for each event of identifying new wells or changes to existing appropriations permits and.evaluating how the changes may affect the boundaries of the DWSMAs. Estimated costs are for City staff time and, ,potentially, Wellhead Protection Consultant time. 7.2.3.5 Goals Achieved As this action is,implemented, the City's ". PA /DWSMA delineations will remain current. New well owners will also be identified and educational materials identified /developed as part of other well management strategies can be provided to these new well owners. Success criterion: Annual determination of whether there are new high capacity wells in or near the DWSMAs and if there have been any major changes in permitted appropriations for existing high capacity wells in or near the DWSMAs. 7.3 Potential Contaminant Source Properties The management objectives outlined in this section consist of promoting proper operation of storage tanks, maintaining an up -to -date database of storage tank properties in the portions of the DWSMAs where aquifer vulnerability is classified as Moderate or High, providing owners of properties where P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFlles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 28 Class V wells may be, or may have been, with information on Class V wells and associated regulations, promoting proper handling of chemicals and wastes, maintaining the IWMZ around each well so that potential contaminants are prevented from entering the IWMZs, and working with the cities of Apple Valley and Rosemount to the extent practicable to promote similar activities at potential contaminant source properties within the portions of the Eagan DWSMA in these cities. 7.3.1 Information for Registered Storage Tank Owners With the assistance of the MPCA or the Wellhead Protection Consultant, the City will prepare an information packet for owners of properties within the High and Moderate aquifer vulnerability zones of the DWSMAs that have registered storage tanks. The information packet will be sent first to owners of properties located in those portions of the DWSMAs where the aquifer vulnerability is classified as High. Once this is completed, the information packet will be sent to owners of properties located in those portions of the DWSMAs where the aquifer vulnerability is classified as Moderate. This information packet will include information on the City's Wellhead and Source Water Protection Program (the Program) and MPCA publications on proper operation and maintenance of storage tanks. A copy of the information packet materials will be retained by the City. 7.3.1.1 Source of Action City staff, possibly with the assistance of the Wellhead Protection Consultant, will obtain from the MPCA publications on proper storagetank operation and maintenance for the information packet. City staff, possibly with the assistance of the Wellhead Protection Consultant, will prepare general information regarding :the Wellhead Protection Program. 7.3.1.2 Cooperators City staff, the MPCA, and, possibly, the Wellhead Protection Consultant. 7.3.1.3 Time Frame The information packet will be sent to owners of properties where aquifer vulnerability is classified as High within one year of approval of this Plan. The information packet will be sent to owners of properties where aquifer vulnerability is classified as Moderate within two years of approval of this Plan. Targeted registered storage tank owners will receive an updated information packet five years after the initial packet is provided to them. 7.3.1.4 Estimated Cost Approximately $2,000 - $4,000 for the initial distribution of the information packet to all owners of properties within the High and Moderate vulnerability zones of the DWSMAs on which registered P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.doex 29 storage tanks are located. Estimated costs include City staff time, MPCA staff time, postage costs and, potentially, Wellhead Protection Consultant costs. 7.3.1.5 Goals Achieved Targeted property owners will be educated concerning the Wellhead and Source Water Protection program. Local storage tank owners will be educated on the issues associated with storage tanks and the requirements necessary to maintain a safe and secure system. Property owners will be encouraged to use best management practices regarding their storage tanks, and report any releases of contaminants to the city (in addition to any other actions required by applicable regulations). The property owners will also be educated about the City's Wellhead and Source Water Protection Program, groundwater protection principles, and steps that everyone can take to protect the City's municipal water supply. This information packet provides the City the opportunity to heighten the awareness of wellhead and source water protection to these property owners. Success criterion: Distribution of information packets completed according to the schedule outlined in section 7.3.1.3 and tracking of the number of information packets distributed. 7.3.2 Tracking of Registered Storage Tanks The City will annually request from the MPCA information on the status of registered storage tanks in those portions of the Eagan DWSMAs in which the aquifer vulnerability is classified as High or Moderate. This information will be used to update the PCSI database, as needed, and allow the City to maintain current information regarding these potential contaminant sources in the DWSMAs. 7.3.2.1 Source of Action City staff will contact MPCA staff 'or request the Wellhead Protection Consultant to contact the MPCA on behalf of the City to obtain the information on the status of registered storage tanks 7.3.2.2 Cooperators City staff, the MPCA, and possibly, the Wellhead Protection Consultant. 7.3.2.3 Time Frame This information will be requested from the MPCA annually starting one year after approval of this Plan. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14,docx 30 7.3.2.4 Estimated Cost Estimated annual costs of $500 - $1,500 include City staff time and, possibly, Wellhead Protection Consultant time. The exact annual cost will depend on the number of new registered tanks that must be added to the potential contaminant source database. 7.3.2.5 Goals Achieved By tracking the status of registered storage tanks within the target areas, the City of Eagan will remain aware of the current status of these potential contaminant sources. This will allow the City to identify potential impacts to the municipal water supply and give the City time to determine the best response to any potential impacts before the municipal water supply is compromised. Success criterion: Submittal of an annual request to the MPCA for information regarding the status of registered storage tanks in those portions of the DWSMAs where aquifer vulnerability is classified as Moderate or High and completion of any updates to the'PCSI database necessitated by the new information. 7.3.3 Potential Class V Wells During the PCSI, 25 properties where Class V wells may located were identified within the DWSMAs. Eagan will work with the MDH and the other local units of government into which the southern DWSMA extends to provide information packets regarding what a Class V well is and the federal requirements associated with Class V wells to owners of these properties. Eagan staff will track the number of information packets distributed. 7.3.3.1 Source of Action Eagan staff will compile the information on what constitutes a Class V well and what federal requirements are associated with Class V wells with the assistance of MDH staff and, possibly, the Wellhead Protection Consultant. City staff will mail the information to targeted property owners in the DWSMAs and, if necessary, work with staff from the other local units of government into whose jurisdictions the southern DWSMA extends to distribute the information. 7.3.3.2 Cooperators Eagan staff, potentially staff from Apply Valley and Rosemount, MDH, and, potentially, the Wellhead Protection Consultant. 7.3.3.3 Time Frame Distribution of the information on Class V wells will occur within two years of approval of this Plan. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan\WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14,docx 31 7.3.3.4 Estimated Cost Costs for the preparation and distribution of the information packet will include Eagan staff time, printing and postage costs and, potentially, Wellhead Protection Consultant costs and are estimated to be approximately $1,000 to $1,500. 7.3.3.5 Goals Achieved Property owners will become aware of their responsibilities related to Class V wells. Compliance with the applicable regulations regarding Class V wells by the property owners will reduce the potential for groundwater contamination and impact to the source water aquifer. Success criterion: Distribution of information packets completed according to the schedule outlined in section 7.3.3.3 and tracking of the number of information packets distributed. 7.3.4 Inner Wellhead Management Zone Management The IWMZ is defined in the Minnesota Rules as that area withina 200 -foot radius of a public water supply well. A PCSI was completed for the IWMZ around each Eagan municipal supply well in 2012. The City will continue to monitor setbacks in the IWMZ around each municipal well, possibly with the assistance of the MDH, to ensure that the IWMZ around each Eagan municipal well remains free of potential contaminant sources. City staff will document each IWMZ inspection and any actions taken to remove potential contaminant sources from an IWMZ. 7.3.4.1 Source of Action Eagan staff. 7.3.4.2 Cooperators City staff and, potentially, the MDH 7.3.4.3 Time Frame The monitoring of setbacks within the IWMZs will be done at least annually after approval of this Plan. 7.3.4.4 Estimated Cost Costs for monitoring the IWMZ setbacks include Eagan staff time (estimated as approximately $1,000 annually). P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 32 7.3.4.5 Goals Achieved By monitoring the IWMZ setbacks, Eagan will be able to keep the IWMZ around each well free of potential contaminant sources and ensure that any new regulated activities will meet required setbacks. Success criterion: Completion of IWMZ inventories per required regulatory schedules and keeping the IWMZ free of potential contaminant sources. 7.3.5 Removal of Dump Materials In and Near the IWMZs for Wells 8 and 9 During the PCSI, an old dump area, reportedly containing demolition debris, was identified near Eagan Wells 8 and 9. A portion of this dump area is within the IWMZS for Wells 8 and 9. The City, with the assistance of the Wellhead Protection Consultant, will address this area in two phases. In phase 1, a work plan will be developed for removing the debris from this dump area and evaluating if there is any soil contamination associated with the debris that must be addressed.. Phase 1 will also include implementation of the plan. MPCA VIC staff will be consulted during the preparation of the work plan and involved, as needed, during the dump material removal and potential soil contamination evaluation. Phase 2 of the work will be completed following the removal of dump debris and evaluation of potential soil contamination. During phase 2, the former dump area will be restored to the pre- excavation elevation and to be consistent with the surroundings. 7.3.5.1 Source of Action Eagan staff. 7.3.5.2 Cooperators City staff, the Wellhead Protection Consultant, MPCA VIC staff 7.3.5.3 Time Frame Development and implementation of the evaluation plan will be completed within four years after approval of this Plan. Site restoration will be completed within one full growing season after dump debris and site evaluation are completed. 7.3.5.4 Estimated Cost Estimated cost for removal of the dump debris in the area near Wells 8 and 9 is $10,000 to $15,000. The exact cost may be higher or lower than this estimated range and will depend upon the ultimate extent of the debris, the type of debris encountered, the ultimate disposal location for the debris, and whether soil contamination that must be addressed is encountered. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 33 Estimated cost for restoration of the site after dumb debris removal and soil evaluation are completed is $4,000 to $6,000. The exact cost may be higher or lower than this estimated range depending upon the extent of excavation that is required during the removal of dump debris and volume of soil that must be brought to the site for backfilling and restoration of the excavation. 7.3.5.5 Goals Achieved After the dump debris is removed from the area near Wells 8 and 9 a potential source of contamination in and near the IWMZs for these wells will have been eliminated. Success criterion: Removal of the dump debris from the area near Wells 8 and 9. 7.3.6 Information for Non - Storage Tank Properties Through direct mail contact, the City will encourage the owners of the potential contaminant source properties that are not associated with storage tanks, wells, Class V wells, or ISTS within the High vulnerability zones of the DWSMAs to participate in self- auditsof their waste generation and handling. In conjunction with the self - audits, the City will encourage these businesses to request a site visit from the Minnesota Technical Assistance Program (MnTAP) . MnTAP helps Minnesota businesses implement industry tailored solutions that maximize resource efficiency, prevent pollution and reduce costs, to improve public health and the environment. MnTAP helps Minnesota businesses protect the environment and stay competitive by providing practical alternatives to prevent pollution of land', air and water. By reducing waste and increasing efficiency, businesses can save on disposal and raw material costs, decrease the regulatory compliance burden, and make working conditions healthier and safer for their employees. 7.3.6.1 Source of Action Eagan staff. 7.3.6.2 Cooperators None 7.3.6.3 Time Frame Distribution of the direct snail notice will occur within one year of approval of this Plan. 7.3.6.4 Estimated Cost Costs for the preparation and distribution of the direct mail notice will include City staff time and postage costs and is estimated to be $500. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 34 7.3.6.5 Goals Achieved Business owners will become aware of their chemical /waste handling and waste generation and learn of available assistance for identifying ways to minimize and properly dispose their hazardous waste. Success criterion: Distribution of the direct snail notice on the schedule identified in Section 7.3.6.3. City staff will keep track of the number of notices sent out. 7.3.7 Individual Sewage Treatment Systems Section 4.04 of the City Code addresses individual sewage treatment systems (ISTS; also known as septic systems) in Eagan and incorporates by reference the MPCA rules for septic systems in Minnesota Rules part 7080. The City of Eagan reviews septic system plans and issues permits for construction of these systems. State statute requires that all septic systems are pumped out at least once every three years. City staff will rely on the existing State statute for enforcement of the regulations associated with septic systems. The City will place information related to operation and maintenance of ISTS on their website and send a post card notification to ISTS owners that the information is available on the City's website. 7.3.7.1 Source of Action Eagan staff. 7.3.7.2 Cooperators None 7.3.7.3 Time Frame Information related to ISTS operation and iaintenance will be placed on the City's website and the post card notice sent out within 120'> days of approval of this plan. Website information will be reviewed annually to determine ifnew or updated information should be added to the website and a post card reminder will be sent to ISTS owners every two years. 7.3.7.4 Estimated Cost Costs for this action will include City staff time and post card printing and postage costs (estimated to be $500 for each notification event). 7.3.7.5 Goals Achieved The primary goal is to snake ISTS owners in the DWSMAs aware of the issues related to ISTS operation and how these issues relate to wellhead protection. P:\Mpls\23 MN \19 \23191155 Eagan Wellliead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14,doex 35 Success criterion: Distribution of the direct snail notice on the schedule identified in Section 7.3.7.3. City staff will keep track of the number of notices sent out. 7.3.8 Transportation Corridors, Pipelines, and Emergency Response Establish communication and create awareness among Eagan city staff about transportation corridor and pipeline issues that may affect the public water supply and the procedures in place to address spills and prevent released contaminants from entering the municipal water supply. The Wellhead Protection Manager will work with City staff to ensure that procedures that will protect the municipal water supply are part of the City's emergency response program. 7.3.8.1 Source of Action Eagan staff. 7.3.8.2 Cooperators None 7.3.8.3 Time Frame Within 18 months of approval of this plan. 7.3.8.4 Estimated Cost Costs for this action will include City staff time and is estimated to be $1,200. 7.3.8.5 Goals Achieved Local emergency responders will work with and assist County and State first responders in the handling of spills in transportation corridors or from pipelines to ensure, to the extent possible, released contaminants are kept from entering the environment and impacting the municipal water supply. Success criterion: Emergency' responder awareness of the City's DWSMAs 7.3.9 Agriculture Land Use As shown on Figure 3, there are two small areas of agricultural land use in the North DWSMA. One area is located to the east of Well 6 and almost entirely within the ERZ for the well. The other area of agricultural land use is located approximately 0.3 miles east of Well 20 and outside the ERZ for the well. Since no evidence of agricultural chemicals has been identified in water samples from Wells 6 and 20 there does not appear to be reason for significant concern related to these small areas of agricultural land use. P:\Mpls\23 MN \19\23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 36 Due to the proximity of these agricultural lands to Wells 6 and 20, the City will notify the owners of these properties that the Minnesota Department of Agriculture (MDA) provides information on drinking water protection on their website at http: / /www.mda.state.mn.us /protectin /,>; wateMrotection /drinkingwater.aspx and on agricultural chemicals at http:// www. mda.state.mn.us /chemicals.as-ox. As noted above in Section 4, City staff anticipate that both these properties will be developed within the next few years. This management strategy will become unnecessary and obsolete when agricultural land use ceases within the DWSMAs. 7.3.9.1 Source of Action City Staff 7.3.9.2 Cooperators None. 7.3.9.3 Time Frame Annually until the agricultural lands near Wells 6 and,20 cease to be'used for agriculture. 7.3.9.4 Estimated Cost City staff time and postage will be involved in implementing this management action. Estimated cost is approximately $100 to $200 annually while the properties are still being used for agriculture. 7.3.9.5 Goals -- Achieved Information ;provided to land owners under this management action will heighten the awareness of issues related to agricultural land use and drinking water supplies. Success criterion: Notification by mail of owners of the agricultural land in the North DWSMA regarding information on drinking water protection and agricultural chemicals. 7.4 General Public Education Public education concerning the DWSMAs associated with Eagan's municipal wells will include: distribution of the Eagan Drinking Water Annual Reports to residents of Eagan, providing infonnation on the City of Eagan website (http: / /www,cityofeag:an.com /), and inclusion of wellhead and source water protection into the City's planning process. In addition, to facilitate communication on wellhead protection issues with surrounding local units of government into whose jurisdictions the P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 37 South Well Field DWSMA extends, the City will invite the cities of Apple Valley and Rosemount to join a Wellhead Protection Coordinating Committee. 7.4.1 Drinking Water Quality Report The City will continue to annually prepare and distribute the Drinking Water Quality Report to all Eagan residents. The report provides residents with information regarding the City's municipal water supply and its water quality. Copies of the 2011 and 2012 Drinking Water Quality Reports are presented in Appendix D. Reports for multiple years can be accessed via the City's website at http: / /www.cityofeagan. com /index.php/ public - works- department / utilities /292- utility-publications. 7.4.1.1 Source of Action City staff. 7.4.1.2 Cooperators None, 7.4.1.3 Time Frame Annually as required by Federal regulations. 7.4.1.4 Estimated Cost Costs include preparation of the report and preparing a notification for inclusion with utility bills that the report is available on the City's website. Estimated annual cost for preparation and distribution of the report is $4,000.. 7.4.1.5 Goals. Achieved The residents of Eagan will become more aware of the federal water quality requirements for public water supplies. Residents will also become more aware of the overall water quality of Eagan's municipal water supply. Success criterion: Annual publication /distribution of the Water Quality Report and tracking of the number of reports distributed. 7.4.2 City of Eagan Website The City will post information on the Wellhead and Source Water Protection Program on the City's website (http: / /www.cityofeagan.com /). If necessary, the City will request assistance from the Wellhead Protection Consultant to prepare information for the website. P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 38 7.4.2.1 Source of Action City staff. 7.4.2.2 Cooperators City staff and, as needed, Wellhead Protection Consultant. 7.4.2.3 Time Frame To begin within 120 days of approval of this WHPP and then reviewed and updated if needed at least once a year thereafter. 7.4.2.4 Estimated Cost Approximately $50043,000. City staff time and, potentially, Wellhead Protection Consultant costs. 7.4.2.5 Goals Achieved The residents of Eagan will become more aware of wellhead and source water protection issues and the actions Eagan is taking to protect the municipal water supply. Education of the residents should lead to a better awareness of pollution prevention among the City's population. Success criterion: Posting of Wellhead and Source Water Protection Program information on the City's website according to the schedule identified in section 7.4.2.3. 7.4.3 Inclusion of Wellhead and Source Water Protection in the Planning Process Within the_DWSMAs Copies of this WHPP will be supplied to the City Planner and Planning Department so that they are aware of the Wellhead Protection Program. The Wellhead Protection Manager will work with the City Planner and Planning Department to determine the best way to ensure that the City's planning process is consistent with the goals and objectives of this WHPP and to include the objectives of this WHPP in the normal zoning and-planning review process. Options that may be discussed could include developing checklists related to wellhead protection for use in the planning review process, adjustments to zoning, and amendments to the City Code. In addition, the Wellhead Protection Manager will discuss with representatives of the Cities of Apple Valley and Rosemount the goals and objectives of Eagan's WHPP and ways that the cities can cooperate in meeting the goals of the WHPP by including the objectives of the WHPP in their development planning process. Copies of this WHPP will be supplied to the Cities of Apple Valley and Rosemount. P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 39 7.4.3.1 Source of Action City staff. 7.4.3.2 Cooperators The cities of Apple Valley and Rosemount. 7.4.3.3 Time Frame The Wellhead Protection Manager and those responsible for City planning will determine, within one year of approval of this WHPP, how best to incorporate wellhead and source water protection into the normal zoning and planning review process and then evaluate the process at least annually thereafter. Also within two years of the approval of this WHPP, .the Wellhead Protection Manager will discuss with representatives from the cities of Apple Valley and Rosemount ways that the goals and objectives of this WHPP can be included in their planning processes. 7.4.3.4 Estimated Cost Approximately $3,000 - $4,000. Costs to complete this task will include staff time to develop a process for including wellhead protection in the planning process and to review proposals that could affect the municipal wells and associated DWSMAs. Inaddition, City staff time for discussions with representatives of the cities of Apple Valley and Rosemount. 7.4.3.5 Goals Achieved: Wellhead and source water protection will be incorporated into future planning efforts. Potential pollution risks to the source water aquifer will be reduced. Risks of altering the WHPAs and DWSMAs will be minimized. Success criterion: Implementation of a method for incorporating wellhead and source water protection into the normal :zoning and planning review process. 7.4.4 Wellhead Protection Coordinating Committee The Wellhead Protection Manager will contact representatives of the local units of government whose jurisdictions overlap the Eagan DWSMAs. These representatives will be invited to participate in a Wellhead Protection Coordinating Committee. The purpose of the committee would be to facilitate communication between the City and the local units of government in the DWSMAs regarding issues that may affect the Eagan drinking water supply. The Wellhead Protection Consultant may be requested to help facilitate meetings of the Committee. P; \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.doex 40 7.4.4.1 Source of Action The Wellhead Protection Manager will contact representatives of the local units of government whose jurisdictions overlap the Eagan DWSMAs. 7.4.4.2 Cooperators Eagan staff, staff from the local units of government whose jurisdictions overlap the Eagan DWSMAs, and, potentially, the Wellhead Protection Consultant. 7.4.4.3 Time Frame The initial contact of surrounding local units of government will be done within 2 years of approval of this Plan. If the local units of government agree to participate in the Committee, the Committee will decide on the frequency of meetings. 7.4.4.4 Estimated Cost Eagan staff time, estimated to be approximately 4 to 6 hours for the initial contact of the local units of government within the DWSMAs. Until the frequency of Committee meetings and level of involvement of the Wellhead Protection Consultant are known it its not possible to estimate any additional costs associated with this action item, 7.4.4.5 Goals Achieved The Committee would be an efficient vehicle for discussing the potential affect policies of the local units of government may have on the Eagan water supply and identifying ways to minimize the potential affects. Success criterion; Contacting the representatives of the local units of government whose jurisdictions overlap the Eagan DWSMAs to determine their interest in participating in a Wellhead Protection Coordinating Committee. 7.5 Data Collection Eagan will continue to collect and maintain local geologic and hydrogeologic data as it becomes available in order to improve and augment current information and to provide additional data for future revisions of this WHPP. Eagan will also continue to collect information on potential contaminant sources within the DWSMAs. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14,docx 41 7.5.1 Monitoring Static and Pumping Levels in Municipal Wells The City will continue to routinely measure the static and pumping water levels in the municipal wells. These water levels will be recorded daily by the SCADA system and summarized in the daily reports obtained from the SCADA system. 7.5.1.1 Source of Action City staff. 7.5.1.2 Cooperators None. 7.5.1.3 Time Frame Ongoing 7.5.1.4 Estimated Cost City staff time. 7.5.1.5 Goals Achieved Routine collection of groundwater levels in the municipal wells will provide data for the evaluation of groundwater elevation trends overtime. This data can also be used to verify the groundwater flow fields in the source water aquifers. Success criterion: Compilation of ,a long term groundwater elevation dataset that can be used to evaluate groundwater elevation trends. 7.5.2 Other Geologic and Hydrogeologic Data Collection The City will collect -local geologic and hydrogeologic data for the Eagan area as it becomes available from other public sources. The City will also support, whenever possible, future data collection efforts by other governmental entities (e.g., MGS, MDH, MDA, MDNR, MPCA, watershed management organizations, and Dakota County). 7.5.2.1 Source of Action City staff. 7.5.2.2 Cooperators State and Dakota County agencies conducting geologic and hydrogeologic studies, well drilling companies, Wellhead Protection Consultant, and others. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 42 7.5.2.3 Time Frame Ongoing beginning with approval of this WHPP. 7.5.2.4 Estimated Cost Approximately $1,000 for compiling data from other public sources. 7.5.2.5 Goals Achieved More accurate hydrogeologic data will be available for use in siting future wells and for future revisions of the delineated WHPAs and the DWSMAs for existing and proposed municipal wells. Updated and more accurate vulnerability assessments may be possible as a.result of new information. Success criterion: Compilation of a geologic /hydrogeologic dataset that can be used in the future. 7.5.3 Updating of the Groundwater Model Used in the WHPA Delineation Any new local geologic and hydrogeologic data for'the Eagan area will be reviewed to determine if the groundwater model used in the WHPA delineations will need to be updated. In addition, pumping from high capacity wells often changes over time. Changes in pumping from high capacity wells in or near the Eagan DWSMAs could affect the DWSMA boundaries. Therefore, the City will work with the Wellhead Protection Consultant to review available information and update the groundwater flow model so that future WHPA /DW:SMA delineations will be consistent with available information. - 7.5.3.1 Source of Action City staff 7.5.3.2 Cooperators City staff and the Wellhead Protection Consultant 7.5.3.3 Time Frame Five to seven years after approval of this Plan 7.5.3.4 Estimated Cost Approximately $1,000 to $5,000 depending upon the magnitude of the revisions needed to make the groundwater flow model consistent with available information. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 43 7.5.3.5 Goals Achieved The groundwater flow model used in the WHPA delineations will be consistent with available information. Since the groundwater flow model used to delineate the WHPAs will be consistent with current information, updating of the WHPAs in the future can be done more efficiently. Success criterion: An updated groundwater flow model that can be used for future updates to Part 1 of the City's WHPP. 7.5.4 Potential Contaminant Source Database The City will periodically update the information on potential contaminant sources within the DWSMAs collected during the development of this WHPP, perhaps with the assistance of the Wellhead Protection consultant — if needed. The City will add information to the potential contaminant source database as additional potential contaminant source sites are identified or as sites are closed through working with the MPCA, the MDH, the MDNR, and Dakota County. New information for the database will be obtained by contacting appropriate MPCA, MDH, MDNR, and County programs on an annual basis regarding any new information on potential contaminant sources that may be available. 7.5.4.1 Source of Action City staff. 7.5.4.2 Cooperators MPCA, MDH, MDNR; Dakota County staff, City staff, and the Wellhead Protection Consultant, if needed. 7.5.4.3 Time Frame Annually beginning with approval of this WHPP. 7.5.4.4 Estimated Cost Approximately $500- $2,000 annually. City staff time and, if needed, Wellhead Protection Consultant costs. Actual annual costs will depend upon the amount of new potential contaminant source location information that must be added to the potential contaminant source database. 7.5.4.5 Goals Achieved This database will be a useful tool to track, catalog, and document the status of potential contaminant sources within the DWSMA. P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 44 Success criterion: Maintaining an up to date potential contaminant source database. 7.5.5 Potential Contaminant Source Verification Potential contaminant sources were identified within the DWSMAs during the PCSI. As part of the development of this WHPP, locations of identified potential contaminant sources were verified by the Wellhead Protection Consultant to the extent possible based on the available data. Any new potential sources identified during the implementation of this WHPP will be verified by the City with the assistance of the Wellhead Protection Consultant, if needed. 7.5.5.1 Source of Action City staff. 7.5.5.2 Cooperators City staff and the Wellhead Protection Consultant if needed. 7.5.5.3 Time Frame Annually after approval of this WHPP and as new potential contaminant sources in the DWSMA are identified. 7.5.5.4 Estimated Cost Approximately $500 - $3,000. City staff .time and Wellhead Protection Consultant, if needed. Actual annual costs will depend upon the number of new potential contaminant source locations that must be verified. 7.5.5.5 Goals Achieved Verification of the location of newly identified potential contaminant sources within the DWSMA will allow the City to remain in compliance with the requirements of the State of Minnesota's Wellhead and Source Water Protection Program. Verification of the newly identified locations will also ensure that the City uses the most accurate data on type and location of potential contaminant sources as implementation of this WHPP proceeds. Success criterion: All potential contaminant source locations in the database are verified to the extent possible. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 45 8.0 Evaluation Proaram Per Minnesota Rule 4720.5270, the progress in implementing a WHPP must be evaluated routinely to determine the effectiveness of the WHPP in terms of accomplishment of goals. Monitoring and evaluation measures to ensure effectiveness of the management strategies are detailed below. Evaluation activities discussed in this WHPP include the following: • Track the implementation of the objectives, activities, and tasks discussed above in Section 7.0. • Determine the effectiveness of specific management strategies for the protection of the Eagan municipal water supply. • Identify possible changes to the management.strategies to improve overall effectiveness. • Determine the adequacy of financial resources and staff availability to perform and implement the management strategies planned each year. • Update the WHPP if new wells are added to the municipal water supply system. The City of Eagan will continue to cooperate with the MDH in the annual monitoring of the City's municipal water supply to determine if the management strategies presented in this WHPP are having a positive effect on water quality and to identify any water quality problems that may arise and need to be addressed. The Eagan Wellhead Protection Manager will provide a report to the City Council every two years summarizing the progress in implementing the management strategies and objectives in this WHPP. In addition, the results of the water quality monitoring of the City's municipal water supply will be presented to the City Council annually. The evaluation report will be completed using the MDH Wellhead Protection Program Evaluation form (Appendix E). The City will retain a copy of the report in its Wellhead Protection file and send a copy of the report to the MDH Source Water Protection Unit in St. Paul. The intent of the bi- annual reports is to compile a comprehensive review of the implementation of the source water management strategies for use when the City updates or revises this WHPP. As specified by the Wellhead Protection Rules, this WHPP will be updated a minimum of every 10 years, or more often as required due to changes to the municipal water supply system. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 46 9.0 Alternative Water Supply Contingency Strategy The purpose of a contingency plan is to establish, provide, and keep updated certain emergency response procedures and information for the public water supply, which may become vital in the event of a partial or total loss of public water supply services as a result of natural disaster, chemical contamination, civil disorder, or human- caused disruptions. The Eagan emergency and water conservation plans are presented in The City's Water Supply Plan (Eagan, 2007). The Water Supply Plan is included as an appendix in the Eagan Water Supply and Distribution Plan (Bonestroo, 2008). As required, the Water Supply Plan was submitted to the MDNR Division of Waters — Appropriation Pen-nit Program and the Metropolitan Council for review and approval. The plan was approved in November 2007. The Water Supply Plan was adopted by the City Council in January 2008. A copy of the Water :Supply Plan is presented in Appendix F. P:\Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 47 10.0 References Barr Engineering Company (Barr), 2012. City of Eagan Wellhead Protection Plan Amendment — Part 1: Delineation of the Wellhead Protection Area (WHPA), Drinking Water Supply Management Area ( DWSMA) and Asessments of Well and DWSMA Vulnerability, prepared for the City of Eagan, October 2012. Bonestroo, 2007a. Water Quality and Wetland Management Plan, prepared for the City of Eagan, May, 2007. Bonestroo, 2007b. Stormwater Management Plan, prepared for the City of Eagan, December 2005 and Revised July 2007. Bonestroo, 2008. Water Supply and Distribution Plan, prepared for the City of Eagan, July 2008. City of Eagan (Eagan), 2007. Water Supply Plan — Emergency and Conservation Plan, October 2007. City of Eagan (Eagan), 2010. 2030 Eagan Comprehensive Plan Update, adopted by the Eagan City Council on April 6, 2010. Minnesota Department of Health (MDH), 2012. Part 1 Wellhead Protection Plan Amendment approval letter from Joy Loughry of MDH to Jon Eaton — Eagan Superintendent of Utilities, November 30, 2012. P: \Mpls\23 MN \19 \23191155 Eagan Wellhead Protection Plan \WorkFiles \Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14.docx 48 r a) A I— E E V! 0 N O (D V >b C � O V W O O Q .g a a) a N C O U U a Or C O C: O .1:5 .fl 0 a U N Q O T L QO o C o N � C � ro C) co =3 -0 3 -a o N U )E v � m a) II II mW❑h II u>w00 T Q Q 3 N N 4? 3 ro T3m Q cL o Q 7 N 3 Y N a N N a @ a)m =U O c CM Co �cn o o ro ro � <n_ u a` if u z II fYJ N ❑ a<n.flv M 'z M N a a z ❑ z zzzzzzCOzzU)zzzzOzzzzz ❑ ❑❑❑❑❑ ❑1--❑❑�-❑❑❑❑ - ❑ ❑� ❑❑ Q -) U i U i U � U � U --) U -� U 2 U --) U i U 2 U -) U -) U -.) 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Z r f- i O M O Ln O M Ln M d M N Lo V M o M O M LO I` M O M M M r LO O O LO r 0 V M O M .Q Lo Lo N co N Ln CD Lo V' O O co I- N N N 0 r m r N M N N It Il CO a E Ln Lo t- Lo N r r V' V' O M M M LO O O M V' M 0 r C O N N r r r N M M r- Z N N It It It 1- '.1- dM' dam' Lon It V' CNO N V- 0 02 N C O .L CZ O Q Q Q cu O (_ C Q lY Z c f6 O C6 W Table 3 Summary of Potential Sources of Contaminants and Assigned Management Priority ERZ Emergency Response Zone: defined as portion of the WHPA within the 1 -year groundwater time of travel area. IWMZ Inner Wellhead Management Zone: defined in MR4720.5100 subpartl9 as the area within 200 feet of a public water supply well. HVZ High aquifer vulnerability zone MVZ Moderate; aquifer vulnerability zone LVZ Low aquifer vulnerability zone ' Total number does not include the Eagan Municipal Wells. 2 Inventoried in only High aquifer vulnerability zones. 3 Number respresents a former storage tank or LUST that has been removed (and site is closed if a LUST). 4 One area is where demolition debris was placed that will be further evaluated. The second area is an area where fill was placed beneath County Highway 31 under a permit issued by Dakota County. No further evaluation of this second area will be done. 6 Hazardous waste generator no longer at the location or the location is a City of Eagan facility 6 Tank has been removed so priority is low. Minimal quantity spilled in 1995. Spill was addressed. P:\Mpls \23 MN \19\23191155 Eagan Wellhead Protection Plan \WorkFiles\Part 2 WHPP \DRAFT Eagan Part 2 WHPP_7- 3- 14;docx Number Within Potential Number Within Number Within Remainder of the Contaminant Total Number in IWMZ and Priority ERZ and Priority DWSMA and Source Category DWSMA Assigned Assigned Priority Assi ned Storage SiteS2 11 0 3; High 8; High Dump Sites2 53 24; High 7; High 44; High Hazardous Waste Generators2 208 65; High 17; High 185; High ISTS2 31 0 2; High 29; High Leaking Tank HVZ - 2; High HVZ - 30; High Sites 35 HVZ - 13;High MVZ - 1; Moderate MVZ - 1; Moderate HVZ - 17; High Potential Class V MVZ - 2; Moderate Well Locations 25 HVZ - 1; High HVZ - 2; High LVZ - 3; Low Registered Storage Tank 63 HVZ- 13• Low6 HVZ - 4; Hlgh HVZ - 50; High Sites MVZ - 1; Moderate MVZ - 7; Moderate Spill Sites2 23 HVZ - 17; High HVZ - 3; High HVZ - 19; High Wells status = Active, Inactive, or Unknown Completed in HVZ - 85; High or pentetrating 142 0 HVZ - 7; High MVZ - 14; High source water MVZ - 0 LVZ - 36; High aquifers Not completed in or HVZ - 25; Moderate pentetrating 52 0 0 MVZ - 2; Moderate source water LVZ - 25; Moderate aquifers Wells (status - HVZ - 19; Low HVZ - 148; Low Sealed) 250 0 MVZ - 1; Low MVZ - 9; Low LVZ - 0; Low LVZ - 73; Low ERZ Emergency Response Zone: defined as portion of the WHPA within the 1 -year groundwater time of travel area. IWMZ Inner Wellhead Management Zone: defined in MR4720.5100 subpartl9 as the area within 200 feet of a public water supply well. HVZ High aquifer vulnerability zone MVZ Moderate; aquifer vulnerability zone LVZ Low aquifer vulnerability zone ' Total number does not include the Eagan Municipal Wells. 2 Inventoried in only High aquifer vulnerability zones. 3 Number respresents a former storage tank or LUST that has been removed (and site is closed if a LUST). 4 One area is where demolition debris was placed that will be further evaluated. The second area is an area where fill was placed beneath County Highway 31 under a permit issued by Dakota County. No further evaluation of this second area will be done. 6 Hazardous waste generator no longer at the location or the location is a City of Eagan facility 6 Tank has been removed so priority is low. Minimal quantity spilled in 1995. Spill was addressed. 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U c o- c co cu c 0 (6 o a) C N U C/) LD _ U) 0 •� E H I' Z Z 3 vJO�0 u U U n 0_0-UQ F-F-0Q cncna.m 0000 E` LL N U c N � 3 co J l6 B A a CL C ca C N N U) 3 7 O U) .c U cA 4pu o =3 a) a a o E c�ET cn co U) m . m o 'co o U ' a > C) Q Z w Z 0 - Z cr d Q Q U U U 0 0 Z w w v� rn M 'z NM l 5LL J �n EM cea'�Qtefy Pond Hennepin County I-( Coder And Planned Future Land Use Rural or Large-Lot Residential Single Family Residential Ak Multifamily Residential Commercial Erg xi Industrial Institutional Mixed Use Multi-Optional Development Park and Recreation Rights-of-Way (i.e., Roads) Railway (Inc. LRT) Open Water OWin r Young Land Use Types by Percent Rd— (( LRn 23D% NNIE 10051 3,000 Em McCarthy �B lit J" p4z Mr.p.nough 0 Eagan Municipal Well 3 - Municipal Well Unique ID PWI Watercourses PWI Basins Eagan DWSMA Ir -------- t Municipal Boundary County Boundary ft mem IF Emergency Response Area yw Planned Land Use Data (Metropolitan Cour ■ NA1 1 462726 NA2 ,IN 248074 200871 A Air ir W-79RG71 2. 2 - A nount E Permitted Water Appropriations 456 DRAFT 8 v...... ji A Agricultural Processing 2. 2 - A nount E Permitted Water Appropriations Eagan DWSMA ED DRAFT (SWUDS) Within 1 Mile of DWSMA v...... U Municipal Boundary A Agricultural Processing &.. map A, Commercial/institutional Waterworks M p MIR County Boundary Aquifer Vulnerability BARR A Dewatering High Figure 4 Ej Golf Course Irrigation ..... . ...... Moderate Feet HIGH CAPACITY WELLS WITHIN Landscaping /Athletic Fields . ........ 3,000 Low 0 000 3, I MILE OF THE DWSMAs * Municipal Waterworks City of Eagan Eagan, Minnesota * Other Non•Crop irrigation 0 Private Waterworks Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA O. Contract 13 -05, Cedar Grove Parking Garage Approve Change Order No. 8 Action To Be Considered: Approve Change Order No. 8 to Contract No. 13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 13 -05 provides for the construction of a public parking structure on the north side of Cedar Grove Parkway adjacent to the Paragon Outlets property. The proposed project includes a structure that provides 1,543 parking stalls and is designed with two levels, with the structural capacity to add a third level in the future. ➢ On August 20, 2013, the City Council awarded the base bid for Contract 13 -05 for these improvements to PCL Construction Services, Inc. ➢ Change Order No. 8 provides for: • Installation of a handrail at the southwest corner of the parking garage and a reduction in the quantity of sealants installed. Net ADD $1,403 • Revisions to electrical circuit breakers, not originally anticipated in the contract, for the elevator system. ADD $15,309 • Re- grading of subgrade areas under the concrete sidewalk to accommodate thicker concrete sections for snow removal equipment, and reduction of bituminous trail installed. Net ADD $9,622 • Installation of thicker concrete sections (5" to 7 ") in lieu of bituminous driveways at the parking garage entrances, and the installation of an additional concrete pedestrian ramp on Cedar Grove Parkway. Net ADD $22,743 • Deduct the seeding restoration of the future lot of the Hilton Home2 hotel. This seeding was not necessary due to the pending construction of the hotel in the near future. DEDUCT $1,812 ➢ The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. ➢ The change order provides for an additional cost of $47,265.00 (0.27% of original contract) with no change in the completion date of the original contract. The contract was substantially completed August 13, 2014. ➢ The cost of the additional work under the change order will be the responsibility of the City's Economic Development Authority (EDA). ➢ The change order has been reviewed by the Public Works Department and the City's consultant, Walker Parking Consultants, and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA P. Project 1174, Yankee Doodle Rd /Promenade Ave & Yankee Doodle Rd /O'Leary Lane Intersection Improvements Action To Be Considered: Authorize the preparation of a Feasibility Report by the City Engineer, or his designee, for Project 1174 (Yankee Doodle Road/ Promenade Avenue and Yankee Doodle Road /O'Leary Lane — Intersection Improvements). Facts: ➢ On March 20, 2007, the City Council provided consensus on the various proposed preferred alternatives for each of the three segments included in the final draft of the Yankee Doodle Road (CSAH 28) Corridor and Access Management Study. Included in the preferred alternatives was the signalization of the Yankee Doodle Road /Promenade Avenue intersection and the median closing (right -in /right -out only) at the Yankee Doodle Road /O'Leary Lane intersection. ➢ On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure (2015- 2019). Included in the 5 -year CIP were the traffic signal and roadway improvements for the Yankee Doodle Road and Promenade Avenue intersection in 2016, as a joint project between the City and Dakota County. ➢ On June 17, 2014, the City Council approved the comprehensive guide plan amendment, and preliminary subdivision of CityVue Commons, a 10 -acre mixed -use development, located on the former Blue Cross /Blue Shield property on the southern leg of the Yankee Doodle Road /Promenade Avenue intersection. With the anticipated timing of this redevelopment, it is proposed to advance the signal and intersection improvements from 2016 to the 2015 construction season. This schedule is agreeable to the Dakota County Transportation Department. ➢ As a reminder, the closure of the center median at the Yankee Doodle Road /O'Leary Lane intersection is a consequence of the installation of the traffic signal and the related improvements at the intersection of Yankee Doodle Road and Promenade Avenue. ➢ It would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these intersection improvements in 2015 for presentation at a subsequent public hearing. Attachments: (1) CP -1 Location Map I L N Lone Oak Rd. ai a' h� R, o NO Northwood Pkwy. ca 0 � a 0 Intersection QImprovements 0 Yankee Doodle Rd. Town Centre Dr. .o a` 0 U K ro K W W Z U Z W 9 C771 FE11 fCc N oW J Yankee Doodle Rd. / Promenade Ave. September 2014 Cl +1r �� i� �� City Project 1174 6�1 p Intersection Improvements Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA Q. Project 1175, Northwood Parkway and Promenade Avenue Street Improvements Action To Be Considered: Authorize the preparation of a Feasibility Report by the City Engineer for Project 1175 (Northwood Parkway/ Promenade Avenue — Street & Utility Improvements). Facts: ➢ On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure (2015- 2019). Included in the 5 -year CIP are proposed street improvements for Northwood Parkway and Promenade Avenue that are programmed for 2016. ➢ Council authorization for the preparation of a feasibility report for Project 1174 addressing the traffic signal installation and intersection modifications at the intersection of Yankee Doodle Road and Promenade Avenue are also being considered as part of the September 16, 2014, meeting agenda. ➢ In preparation of the 2015 -2019 CIP, City staff considered the synchronization of the timing of the two projects to be beneficial. Council approval of the advancement of Project 1174 from 2016 to 2015 would leave the projects separated by a year without the concurrent advancement of Project 1175. ➢ It would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements in 2015, for presentation at a subsequent public hearing. Attachments: (1) CQ -1 Location Map N Lone Oak Rd. as Q h� o of Northwood pkwy �w 0 Q 0 M o c� Y as 0 0 'a a. Yankee Doodle Rd. C-4 A I I L O Adhhb.. 'Tp' City of Evan Northwood Pkwy. / Promenade Ave. September 2014 City Project 1175 Street Improvements Agenda Information Memo September 16, 2014, Eagan City Council Meeting CONSENT AGENDA R. Contract 14 -04, TH S5 /TH 149 Safety and Capacity Improvements Action To Be Considered: Approve Change Order No. 2 to Contract 14 -04 (TH 55/149 Safety and Capacity Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation for Contract 14 -04 which provides transportation, safety and capacity improvements to Trunk Highway (TH) 55, between the south intersection with TH 149 and the north intersection with TH 149 (Project 1011), and TH 149, from TH 55 to Interstate 494 (Project 923). The improvements include grading, bituminous surfacing, drainage, utilities, retaining wall, signals and ADA improvements of state highways. ➢ Demolition waste was encountered while excavating the proposed storm water pond at the northeast corner of TH 55 and Lone Oak Road. The presence of the demolition waste was not anticipated when the construction contract was developed. ➢ The demolition waste material has been tested and determined to be free of contaminants. However, the nature of the demolition debris requires disposal at an environmental landfill. ➢ Change Order No. 2 provides for additional trucking and landfill fess associated with disposal of the demolition debris at an environmental landfill. (ADD $116,638.60) ➢ Change Order No. 2 provides for a total ADD of $116,638.60 (1.7% of original contract). The cost of the additional work will be split as follows; 55% Dakota County and 45% City of Eagan Major Street Fund ($52,487.37). ➢ This change order has been reviewed by the Public Works Department (Engineering Division). The associated costs have been determined to be consistent with bid prices received for relevant bid items on other similar projects within the region and the change order is in order for favorable Council action. Attachments: (0) Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA S. Metropolitan Council Environmental Services - Sanitary Sewer Lining Project Approve Extended Work Hours Action To Be Considered: Authorize a variance to the Construction Activity Noise Regulations to extend construction activity between 10:00 p.m. and 7:00 a.m. from September 22 through October 10, 2014, for the Metropolitan Council Environmental Services Sanitary Sewer Lining Project (Hwy 13 — Alexander Road to 1 -494). Facts: ➢ The Metropolitan Council Environmental Services (MCES) has contracted with SAK, Inc. to perform sanitary sewer lining on MCES pipe along the west side of Trunk Highway 13, from Alexander Road to 1 -494. ➢ Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m. within the City. ➢ On August 28, 2014, City staff received a letter from the contractor (through MCES), requesting that SAK crews be allowed to work all hours from September 22 through October 10. ➢ The purpose of the request is to limit the length of impact of the construction activity, including temporary lane closures, upon the traveling public along Highway 13. The construction activity is limited to the west side of Highway 13, across the roadway from residential properties. ➢ The construction activity will primarily be limited to the use of equipment for the pumping of heated water from within an enclosed truck and robotic activity within the sewer pipe. ➢ The City Council has approved similar contractor requests in previous years. Attachments: (2) CS -1 Location Map CS -2 Request Letter Interstate 494 il —1 N �■- ExtendedWorking Hours Meadowview Rd. M 4c, i 4 i-z c� O W MI Highview Ave. n O c I 0 O 'a one Oak Road Yankee Doodle Rd. Metropolitain Council/ Enviromental Services Sanitary Sewer Lining 'TP0 City of EaV, Extended Working Hours Sept. 22, 2014 - Oct 10, 2014 O O O a uv � Q September 2014 S A ihl K Pipeline Infrastructure. Solved." August 28, 2014 John Gorder City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Extended Working Hours Dear Mr. Gorder, SAK Construction is currently under contract with the Metropolitan Sewer District to perform sanitary sewer rehabilitation in the City of Eagan. The process that SAK uses for the pipeline rehabilitation involves the inversion of a resin impregnated liner into the existing sanitary sewer using hydrostatic pressure. Once the liner is fully inverted the water is then heated up in order to cure the resin. Once this is completed the water will then be cooled down, removed from the pipe and the service connections and manhole will be reinstated. Once this rehabilitation process begins it is an around the clock operation until completed. SAK would like to request permission to be allowed to work 24 hours a day during our installation in order to complete our project. Our tentative schedule is to Line on Hwy 13 between Alexander Rd and 1 -494 from 9/22/14 to 10/10/14, we will confirm the dates with you the week prior. Thank You for your consideration, please contact us if there are any questions. Regards, Dan Swidrak Cc: Dave Westermayer 636.385,1000 tal 636.385.1100 fax 864 Hoff (toad O'Fallon, MO 63366 www.sakcon,com Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA U. Water Meter Program Surcharge Appeal Action To Be Considered: Approve the recommendations of the Public Works Committee regarding appeal to water meter program surcharges. Facts: ➢ Municipalities use water meters installed on the internal plumbing system of private property to record the volume of City water used. These meters are the basis for establishing sewer and water utility bills which generate the required revenue to finance the Municipal Utility System. The meters are also the basis for the required annual reporting of ground water appropriations to various state agencies. ➢ These water meters have a limited life cycle and must be replaced periodically to insure their continued accuracy to minimize lost revenue and proper environmental accounting. ➢ Originally, City Code provided the legal right for authorized City personnel to enter private property to repair /replace the City's water meters. It has not been practical to resort to a drawn out legal process to enforce this right. ➢ On December 15, 2009, the City Council approved the Inflow & Infiltration (1 &1) Mitigation Implementation Policy. In preparation for said Council action, Ordinance 3.40 was amended on September 9, 2009, providing for the establishment and levy of a surcharge if the property owner does not provide reasonable access to their sanitary sewer service for the City to inspect for possible I &I connections. This surcharge has been very effective in obtaining cooperation that otherwise would require legal action to gain the needed access. ➢ On November 9, 2010, the Finance Committee recommended a surcharge appeal process for the Inflow & Infiltration (I &I) Program. Said recommendation has been followed by Public Works staff accordingly in addressing all such surcharge appeals. ➢ On May 15, 2012, a Council approved Ordinance Amendment to Sections 3.05 and 3.20 for the water service provided continuity and equity in the enforcement process for securing access to private property for maintaining water meters by establishing a surcharge similar to that for the sanitary sewer services. ➢ The suggested water meter surcharge appeal process would be identical to the I &I surcharge appeal process and added to the current water meter maintenance process and procedure. ➢ At the September 2, 2014, Public Works Committee meeting, the Committee addressed the following surcharge appeals with the corresponding recommendations for the Council's action. The following appeal is recommended to be granted with related surcharges waived: o Greg Jefferson, 1722 Woodgate Lane - Remove $150 surcharge Attachments: (0) Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA V. Project 1140, Stonebridge Ponds Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1140 (Stonebridge Ponds - Street Improvements) and schedule a public hearing to be held on October 21, 2014. Facts: ➢ Project 1140 provided 735 feet of street improvements in the Stonebridge Ponds Addition (Granite Court, Granite Drive) in east - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council. ➢ This project, constructed under Contract 14 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ This roll is now being presented to the City Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. ➢ The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on January 21, 2014. Attachments: (0) Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA W. Project 1139, Oakwood Heights 2nd Addition Final Assessment Roll Action To Be Considered: Receive Project 1139 (Oakwood Heights 2nd Addition - Street Improvements) and schedule a public hearing to be held on October 21, 2014. Facts: ➢ Project 1139 provided 1,247 feet of street improvements in Oakwood Heights 2nd Addition in southeast Eagan, as outlined and discussed in the feasibility report and approved by the City Council. This project, constructed under Contract 14 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. ➢ The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on January 21, 2014. Attachments: (0) Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA X. Project 1138, Cedar Industrial Park Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1138 (Cedar Industrial Park - Street Improvements) and schedule a public hearing to be held on October 21, 2014. Facts: ➢ Project 1138 provided 0.5 miles of street improvements in the Cedar Industrial Park commercial area located in west - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council. ➢ This project, constructed under Contract 14 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. ➢ The final assessments are approximately 6% below the estimate contained in the feasibility report presented at the public hearing held on February 3, 2013. Attachments: (0) Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA Y. Project 1137, Alden Pond Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1137 (Alden Pond - Street Improvements) and schedule a public hearing to be held on October 21, 2014. Facts: ➢ Project 1137 provided 1/3 mile of street improvements within Alden Pond (Alden Pond Lane) in west - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council. ➢ This project, constructed under Contract 14 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. ➢ The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on January 21, 2013. Attachments: (0) Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA Z. Project 1114, Cedar Grove Additions Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1114 (Cedar Grove Additions - Street Improvements) and schedule a public hearing to be held on October 21, 2014. Facts: ➢ Project 1114 provided 7 miles of street improvements in the Cedar Grove 5tn, 7th 9cn, 10th and 11th Additions, Ken Appelbaum Addition, and Brian Hill 3rd Addition, all in west - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council. ➢ This project, constructed under Contract 14 -03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. ➢ The final assessments are approximately 18% less than the estimate contained in the feasibility report presented at the public hearing held on February 3, 2013. Attachments: (0) Agenda Information Memo September 16, 2014 Eagan City Council Meeting CONSENT AGENDA AA. Project 1154, Sperry Tower Reservoir Action To Be Considered: Receive the Draft Feasibility Report for Sperry Tower Reservoir (City Project 1154), and schedule a public hearing to be held October 21, 2014. Facts: ➢ On June 4, 2013, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2014 -2018) and authorized the initiation of the public improvement process for the 2014 programmed improvements. The resolution of the Sperry Tower was scheduled for 2014 as part of this CIP. ➢ On August 11, 2014, the City Council provided consensus on the complete removal of the existing 500,000 gallon reservoir /tower and replacement with a new, stealth telecommunication tower (Option 4). The Council requested the feasibility report address some aesthetic options for the top portion of the tower, as well as a lifetime cost analysis for the structure. Aesthetic options were to include lighting and the Eagan logo on the new tower. ➢ A draft feasibility report has been completed for a new telecommunication tower, and necessary associated improvements, located at 1420 Towerview Road and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project to be held October 21, 2014. ➢ An informational neighborhood meeting will be held with the public, including adjacent property owners, prior to the Public Hearing to review and discuss the proposed improvements. Attachments: (0) Agenda Information Memo September 16, 2014, Eagan City Council Meeting CONSENT AGENDA BB. APPROVE a Sub - recipient Agreement Amendment with the Dakota County Community Development Agency (CDA), extending the current agreement through Program Year 2014. Action To Be Considered: To approve a Time Performance Amendment to the current Municipal Sub- recipient Agreement with the Dakota County CDA, extending the current agreement through Program Year 2014. Facts: ➢ The City of Eagan has worked in cooperation with the Dakota County CDA to coordinate its application for and use of U.S. Department of Housing and Urban Development (HUD) funding, including Community Development Block Grant (CDBG) funding. That relationship is managed under a Sub - recipient Agreement that defines the roles and responsibilities of the parties. ➢ The current Sub - recipient Agreement is dated July 1, 2010 and runs through June 2014. This Amendment extends the time of performance for the Agreement until June 30, 2015. ➢ The Agreement will remain in effect until a new agreement is approved for 2015 that will align with the 2015 -2019 Consolidated Plan currently being developed. Attachments: (1) CBB -1 Time Performance Amendment and Updated Exhibits TO: FROM: DATE: RE: Dakota County Community Development Agency MEMORANDUM Dakota County CDBG Municipal Sub - recipients 1228 Town Centre Drive I Eagan, MN 55123 PHONE 651-675-4400 1 TOb /TTY 711 www,dakotaoda.org Lisa Alfson, Asst. Director of Community & Economic Development August 27, 2014 CDBG Municipal Sub- recipient Agreements — Program Year 2014 Please find enclosed copies of the revised Exhibits of the Municipal Sub - recipient Agreement for the Community Development Block Grant (CDBG) program, in addition to the Municipal Sub - recipient Agreement Amendment, Services of the Municipal Sub - recipient Agreement began July 1, 2010 and ended on the last day of June 2014 (or until it is replaced by a subsequent Municipal Sub - recipient Agreement). As an alternative to signing another multi -year sub - recipient agreement, an amendment to the current Municipal Sub - recipient Agreement is attached (Attachment A), We will develop a new sub - recipient agreement for next year, beginning July 1, 2015. Please review and sign at your earliest convenience After the agreement has been returned to me and signed by the CDA Executive Director, your municipality may expend 2014 CDBG funds. The six exhibits (detailed below) are the revised items for Program Year 2014. The Municipal Sub - recipient Agreement covers activities directly administered by the municipality and may not include all CDBG funding that the municipality receives (i.e., residential rehab loans administered by the CDA). You must also execute a similar agreement between your municipality and any organization(s) that will administer a CDBG - funded activity on your behalf, The municipal Sub - recipient Agreement remains in effect until it is replaced by a subsequent municipal Sub - recipient Agreement, Updated Program Year 2014 Exhibits include: • Exhibit A — Identifies the CDBG - funded activities directly administered by municipal sub - recipient. • Exhibit C — Authority to Use Grant Funds • Exhibit D — 2014 Dakota County Anti- Displacement Policy • Exhibit E — FY2014 Activity Statement • Exhibit M — HUD Funding Approval /Agreement The CDA does not require council action for the approval of the municipal sub - recipient agreement or revised exhibits, Don't hesitate to contact me at 651- 675 -4467 if you have further questions. Enclosures SUBRECIPIENT AGREEMENT DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY AND THE CITY OF EAGAN TIME OF PERFORMANCE AMENDMENT The Dakota County Community Development Agency (CDA) formally requests a Time of Performance Amendment to the current Subrecipient Agreement between the CDA and the City of Eagan. The purpose of the amendment is to extend the current Agreement through Program Year 2014, and have a new Subrecipient Agreement for Program Year 2015 that will align with the 2015 — 2019 Consolidated Plan. The CDA and municipal subreeipients are currently in the process of developing the 2015 -- 2019 Consolidated Plan, which is the framework for identifying housing and community development priorities that align and focus funding from U.S. Department of Housing & Urban Development (HUD) programs, including the Community Development Block Grant (CDBG) Program, HOME Program, and the Emergency Solutions Grant (ESG) Program. The Time of Performance Amendment to the current Subrecipient Agreement shall extend the end date of the agreement from last day of June 2014 to the last day of June 2015, 1. TIME OF PERFORMANCE; The Subrecipient agrees to extend the Time of Performance for the original Subrecipient Agreement dated July 1, 2010, to the last day of June 2015. This Agreement remains in effect until it is replaced by a subsequent Subrecipient Agreement, CITY OF EAGAN The Subrecipient (for Eagan) By By Its Its Date Date DAKOTA COUNTY CDA The Grantee Mark Ulfers Executive Director (FFY2014) EXHIBIT A TO SUBRECIPIENT AGREEMENT DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF EAGAN VI. SCOPE OF SERVICES. As required in 24 CFR 570.503 (Exhibit J), the Subrecipient will be responsible for the administration of Activities indentified in Exhibit A, which shall be amended each Fiscal Year according to those Activities approved for and undertaken by the Subrecipient, including ongoing Activities from previous fiscal years. CDBG funds will be committed to Activities after July 1, 2014 to the following Activities; this Exhibit A will be amended as needed on an annual basis through the term of this Agreement. The date of the balance of remaining funds for each activity is June 30, 2014. Activity 1- Public Services — Senior Services A. Description Provide senior recreational activities and services to older adults. B. Budget Activity Budget of $44,672.47 FY 2014 Funding: $17,000.00 Remaining FY 2013 Funding: $23,000.00 Remaining FY 2012 Funding: $4,672.47 Activity 2- Public Services -- Youth Services A. Description Provide youth after school programming to eligible low /moderate income households. B. Budget Activity Budget of $29,932.00 FY 2014 Funding: $18,000.00 ($14,000 for Dakota Hills Middle School, $4,000 for Dakota Woodlands) Remaining 2012 Funding: $11,932.00 Authority to Use Grant Funds U.S. Department of Housing and Urban Development Office of Community Planning and Development To: (name & address of Grant Recipient & name & title of Chief Executive Officer) Ms. Andrea Brennan DAI<ota County CDA 1228 Town Centre Drive Eagan, MN 55123 Copy TO; (name & address of SubReclplant) EXHIBIT C We, received your Request for Release of Funds and Certification, form HUD --7015,15 on 07111/2014 Your Request was for HUD / State Identification Number B- 14 -UC -27 -0003 All objections, if received, have been considered. And the minimum waiting period has transpired. You are hereby authorized to use funds provided to you under the above HUD /State Identification Number, File this form for proper record keeping, audit., and inspection purposes, 2014 CDBG Activities Release date 07/27/2014 Typed Name of Authorizing Officer Signature of Authorizing Officer Date (mm /dd /yyyy) Michele K Smith Title of Authorizing Officer �7,® � ..•`+j CPD Director X 07/27/2014 form HUD - 7015.16 (2/94) Previous editions are obsolete. ref. Handbool<6513,01 EXHIBIT D 2014 DAKOTA COUNTY ANTI - DISPLACEMENT POLICY PART I. MINIMIZING DISPLACEMENT It is the goal of Dakota County to minimize displacement of persons from their homes and neighborhoods when utilizing Community Development Block Grant (CDBG) or HOME Investments Partnership Program (HOME) funds. Displacement has been defined as the involuntary movement of a household from a dwelling as a result of its acquisition, rehabilitation or demolition when funded in whole or in part with CDBG or HOME funds, or if funded with non - CDBG /HOME when the activity is a prerequisite for some other CDBG /HOME funded activity. Displacement also includes involuntary movement of a business from a commercial property. In an effort to minimize displacement of households, the following steps will be taken; 1. With the exception of lead based paint hazard reduction, owner occupied properties will not be rehabilitated if displacement is expected to occur, To safely reduce the hazards of lead based paint, the occupants must vacate the impacted areas until a clearance test determines the area is safe. When the impacted areas include the sole means of entry or all entries to the dwelling, the kitchen or food preparation areas, or the sole bathroom or all bathrooms, or the entire dwelling area, the occupants must completely vacate the unit until a successful clearance test is received after the completion of the lead based hazard reduction work. Relocation is voluntary. The homeowner will sign a waiver form acknowledging that they are relocating voluntarily, and that the CDA is not responsible for any costs associated with the relocation, other than a stipend payment of $500.00 that is payable to the homeowner when it is necessary to vacate the residence for a continuous time of 24 hours (or one full day and one full night) during the course of the lead based paint hazard reduction work. 2. Businesses will not receive loans for rehabilitation or expansion if any residential displacement would occur as a result of the rehabilitation or expansion unless such activities are essential for economic development of a community. If acquisition or demolition activities require displacement of a household, the acquiring entity will follow the procedures established in Part 11 (Displacement Action Policies), 4. Code enforcement activities and neighborhood groups will not receive CDBG or HOME funds, therefore eliminating the possibility of displacement through code enforcement or through the activities of a neighborhood group. PART 11. DISPLACEMENT ACTION POLICIES A. Eligible households as defined by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the Uniform Act) that are displaced as a result of CDBG or HOME funded activities will be eligible for moving and /or rental payments at levels as described in the Uniform Act, Persons displaced as a result of CDBG /HOME funded activities will be eligible for moving and /or rental payments at levels described in the Uniform Act. Relocation, Displacement, and Replacement Housing Plan for the 2014 Dakota County CDBG Program In accordance with the requirements of 24 CFR 507.606 (c)(1)(iii), the following Plan has been prepared and shall be applicable to the activities listed herein funded through the Dakota County Community Development Block Grant Program (CDBG). This plan is public and is part of the Subrecipient Agreements between the Cities undertaking the activities and the Dakota County CDA governing administration of the CDBG Program. The following activities involve vacant structures and /or voluntary transactions. If involuntary displacement occurs, the acquiring entity will follow provisions of the Uniform Act. 1. Proposed CDBG Activities Which Involve Acquisition, Demolition, or Conversion A. South St. Paul — Acquisition and demolition of substandard, blighted, and dilapidated residential properties in the City of South St, Paul. B. Inver Grove Heights — Acquisition and demolition of substandard and blighted property located in the 100 -year floodplain. C. Lakeville —Acquisition and clearance of blighted residential property. 2. Location and Type of Housing Units Affected; Actions to be Taken A. South St. Paul - Housing units acquired and demolished will be located throughout the City of South St. Paul. Units affected will be those units that are vacant, uninhabitable, under code enforcement orders, repossessed by the VA or FHA, or otherwise substandard or causing a blighting influence on the surrounding neighborhood. Some acquisitions may be owner initiated. Acquired units will undergo an inspection to determine the feasibility of rehabilitation. When rehabilitation is physically and economically infeasible, acquired units will be demolished. Public notices will announce the units identified for acquisition and demolition or rehabilitation. The South St, Paul HRA anticipates that acquired properties will be vacant or the residents will voluntarily relocate, if involuntary displacement does occur, the South St. Paul HRA will follow the provisions of the Uniform Act, B. Inver Grove Heights - Property acquired will be located along Doffing Ave. between 66th St. and 63r St,, including property fronting on 65th St., 64" St., and 63rd St. Both residential and commercial property may be acquired. Residential property in this area is generally of lower value than in other nearby neighborhoods due to the blighting influence of the floodplain and the mix of usages in the area, and thus is more affordable to lower income persons. As properties are identified for acquisition and clearance, the locations will be published. It is anticipated that properties being acquired will be vacant or voluntarily acquired with no threat of condemnation or eminent domain by the City. If involuntary displacement does occur, the provisions of the Uniform Act will be followed. C. Lakeville — The City of Lakeville plans to acquire and demolish blighted residential property throughout the community. It is anticipated that acquired and demolished properties will be vacant or residents will voluntarily relocate, The end use of the property will be for open space. 3 DAKOTA COUNTY CDA REPLACEMENT UNITS AVAILABLE FOR THE 2014 ANTIDISPLACEMENT PLAN Note: More details and updates can be found at www.dakotacda.org. All developments have accessible units. Parkside - -122nd Street, Burnsville Twenty -two units of low /moderate income rental housing for families opened for occupancy June 1992. This development includes 1 two bedroom accessible unit; 3 two - bedroom units; and 18 three bedroom units, Dakota County CDA is the property manager. Spruce Point -- East of hwy 52, off of Chandler Lane, Inver Grove Heights Twenty -four units of low /moderate income rental housing for families opened for occupancy August 1995, This development includes 1 two - bedroom accessible unit; 4 two bedroom units; and 19 three bedroom units. Dakota County CDA is the property manager. Oak Ridge -- South of Diffley & east of Johnny Cake Road, Eagan Forty -two units of low /moderate income rental housing for families opened for occupancy August 1996. This development includes 2 two bedroom accessible units; 18 two bedroom units; and 22 three - bedroom units, Dakota County CDA is the property manager. Pleasant Ridge -- North Frontage Road, Hastings Thirty -one units of low /moderate income rental housing for families opened for occupancy August 1997, This development includes 2 two bedroom accessible units; 14 two- bedroom units; and 15 three bedroom units. Dakota County CDA is the property manager. Glenbrook -- Germaine Ave., Apple Valley Thirty -nine units of low /moderate income rental housing for families opened for occupancy in 1998, This complex contains 17 two bedroom units and 22 three bedroom units. Dakota County CDA is the property manager. Cedar Valley — Dodd and Cedar, Lakeville Thirty units of low /moderate income rental housing for families opened for occupancy in 1998. This complex contains 14 two bedroom units, 15 three bedroom units and 1 one bedroom accessible unit, Dakota County CDA is the property manager. Chasewood -- 155th Street, Apple Valley Twenty -seven units of low /moderate income rental housing for families opened for occupancy in 1999, This complex contains 14 two bedroom units and 13 three bedroom units. Dakota County CDA is the property manager, Country Lane — 210th Street West & Hamburg Ave., Lakeville Twenty -nine units of low /moderate income rental housing for families opened for occupancy in 2001. This complex contains 15. two bedroom units and 14 three bedroom units, Dakota County CDA is the property manager. 5 County CDA is the property manager. An additional 26 units (Phase 11 of development) will be added to the development and ready for occupancy in summer 2012, Meadowlark — 210th Street and Holiday Ave., Lakeville Forty units of low /moderate income rental housing for families opened for occupancy in 2010. 'This development includes 10 three bedroom units, 24 two bedroom units and 6 one bedroom units, Dakota County CDA is the property manager. Quarry View -- Embry Path, Apple Valley Forty -five units of low /moderate income rental housing for families opened for occupancy mid - 2011. This development includes 13 three bedroom units, 31 two bedroom units and 1 one bedroom accessible unit. Dakota County CDA is the property manager. Northwood -- Northwood, Eagan Forty -seven units of low /moderate income rental housing for families opened for occupancy summer 2013. This development includes 10 three bedroom units, 22 two bedroom units and 2 one bedroom accessible units. Dakota County CDA is the property manager, Inver Hills — College Trail and Bower Path, Inver Grove Heights Twenty -four units of low /moderate income rental housing for families opened for occupancy January 2014. This development includes 10 three bedroom units, 13 two bedroom units and 1 two bedroom accessible unit. Dakota County CDA is the property manager. Riverview Ridge — Sibley Memorial Highway, Eagan Twenty -seven units of low /moderate income rental housing for families anticipated to open for occupancy summer 2014. This development includes 10 three bedroom units, 15 two bedroom units and 2 two bedroom accessible units, Dakota County CDA is the property manager, EXHIBIT E Final Dakota County FY 2014 CDBG/HOME/ESG Activity Statement Final QDBG Budget with 1% ($18,439) decrease from 2013 Final HOME Budget with 6% ($30,816) increase from 2013 Final ESG Budget with-23% ($25,583) increase from 2013 Dakota County 2014 CDBG Small Cities and Townships: Large Cities: P rol t . , , 2014 Budget Greenvale Township Townshl Buildable Site Inventory Plan $ - 5,000 Hampton Capital Improvement Plan --- $ 10,000 Hampton Infrastructure Management Database $ 5,000 Miesville Park Improvement $ 6,859 Randolph Weather Siren Replacement $ 18,000 $ 236,0114 Total $ 44,859 Large Cities: C, P rol t . , , :.2014 Bud: 4 t Apple Valley Public Services (Seniors) $ 12,000 Housing Rehabilitation $ 113,630 Public Services (Seniors) Total $ 125,630 C, P rol t . , , 2014 Budget Burnsville Public Services The GARAGE) $ 46,000 Public Services (360 Communities) $ 9,000 Public Services (Seniors) $ - 43,014 HousInq Rehabilitation $ 101,000 Public Facility Rehabilitation - The GARAGE $ 27,000 Administration (City, for Public Services) $ 11,000 $ 193,9271, Total $ 236,0114 C, P rol t . , , 2014 Bind 6 t Eagan Public Services (Youth Program Dakota Woodland) $ 4,000 Public Services (Youth Program Dakota Hills Middle School) $ 14,000 Public Services (Seniors) $ 17,000 Weatherization Plus $ 5,000 HousInq Rehabilitation $ 153,927' 1 Total $ 193,9271, C, P rol t . , , 2D14 Bud 'L Farmington ICommerical Rehabilitation 42,7117 Housing Rehabilitation ITotal 7 $ 42,717 it I.C. P rol t . , , 2D14 Bud 'L Inver Grove Heights Assessment Abatement $ 68,927 Housing Rehabilitation Total $ 68,927 2014 Budg6t. Inver Grove Heights Property Acquisition & Clearance (Doffin2 Flood lain $ 56,704 Housing Rehabilitation $ 56,704 Total $ 113,408 EXHIBIT M ' Funding Approval /Agre6ment U.S. Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act (Public Law 930383) Community Development Block Grant Program OMB Approval No. HI- 005158 of 205158 2506 -0193 (exp 1/31/2015) 1,Name of Grantee (as shown in Item 5 of Standard Form 424) 3a, Grantee's 9•dlglt Tax D Number: 3b, Grantee's DUNS Number: 4. Date use of funds may begin (mm /dd /yyyy): Dalcota County 41- 1253302 963108121 07/01/2014• 2. Grantee's Complete Address (as shown in Item 5 of Standard Form 424) 5a. Project/Grant No.1 6a, Amount Approved Comrnunity Development Authority B- 14 -UC -27 -0003 $1,680,113 Administration Center 5b. Project/Grant No. 2 6b. Amount Approved 1590 West Highway 55 5c. Project/GrantNo. 3 6c. Amount Approved Hastings, Minnesota 55033 -2343 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to.th^ authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.), The Grantee's submissions for Title I assistancr. ;`Ic HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions /addendums, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the patties. The funding assistance specified in the Funding Approval may be. used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre- agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval, The Grantee agrees to assutne all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and.published in 24 CFR Part 58. The Grantee further acknowledges its recnnnsihility fnr nrrhP.rrnna in the Aareament by euh- ra.rinirnt entitiPS to which it mnlrne fnnrlina ncsistnnrP. hairunrhr nvnilnhh U,S, Department of Housing and Urban Development (By Name) Grantee Name Michele K. Smith Dakota County Title CPD Division " Title Tlilo rA 10J� �G V Sign t re D�i@ (�m /d /yyy) Q SI n re ° rQimmJd1 ryyy) 7. Category of Title I Assistance for this Funding Action check only one ) ® a, Entitlement, See 106(b) ❑ b. State - Administered, Sec 106(4)(1) B. Special Conditions ( check one ) ❑ None ® Attached Date HUD Re eiv d S m ission p( (mmlddlyyy 10. check one a. Orig. Funding Approval 1� ❑ b, Amendment 9b, Date Grants (mm /ddlyyyy)16 tified 0 201 9c. Date of Start of Program Year ❑ c. HUD-Administered Small Cities, Sec 106(d)(2)(B) Amendment Number ❑ d. Indian CDBG Programs, Sec 106(a)(i) (mm /dd /yyyy) 07/01/2014 [] e. Surplus Urban Renewal Funds, Sec 112(b) 11. Amount of Community Development • ❑ f. Special Purpose Grants, Sec 107 Block Grant FY (2014) FY( ) FY( ) ❑ g. Loan Guarantee, Sec 106 a. Funds Reserved for this Grantee $1,680,113 b. Funds now being Approved c. Reservation to be Cancelled f 1a minus lib) 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and 12c, Name of Authorized Off lolal for Designated Public Agency conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it, Signature • HUD ,accounting use Only Effective Date Batch TAG Program Y A Reg Area Document No. Project Number Category Amount (mm /dd /yyyy) F 1 7 6 HE n n n m I I__l� YY• Project Number Amount Y Pro ect Number Amount C A00(411- — bl�.al7 24 CFR 570 form 5 Agenda Information Memo September 16, 2014, Eagan City Council Meeting CONSENT AGENDA CC. APPROVE to 2014 -2015 Airport Relations Commission Work Plan Action To Be Considered: Approve the 2014 -2015 Airport Relations Commission Work Plan Facts: ➢ The City Council and Eagan Airport Relations Commission (ARC) met in a joint meeting at the September 9, 2014 Special City Council Meeting. ➢ At the workshop, the Council dialogued about the efforts proposed by the ARC for the coming year, and directed the 2014 -2015 Work Plan to a future City Council meeting for formal consideration. Attachments: (1) CCC -1 Proposed 2014 -2015 ARC Work Program City of Evan 2014 -2015 Eagan Airport Relations Commission (ARC) Work Plan Work Plan Topic Presenters /Invited Schedule (tentative) Guests Joint Meeting with the City Council Elaine Buckner, FAA Tuesday, September 9, • Presentation of ARC 2014 -2015 Work Plan Air Traffic Manager 2014, 5:30 p.m. • Presentation by the FAA on Runway Use (wind, destination, Runway use System, Corridor, etc.) John Nelson, MAC Noise Program Mgr Metropolitan Airport Commission Meeting Monday, September 15, (The MAC hosts one of their regular commission meetings at 2014, 7pm an offsite location one time per year, and this year has Eagan Community selected the Eagan Community Center.) Center Town Hall Meeting (community -wide) Elaine Buckner, FAA Thursday, November 6 • Runway Use Air Traffic Manager (will serve as the • Future of RNAV at MSP November ARC mtg); • Purpose of Remote Monitoring Towers John Nelson, MAC 6:30 p.m. • Future trends in aviation, fleet mix, stage four noise Noise Program Mgr compliance, etc. Delta /Airline rep (TBD) Technology of Aircraft Noise Boeing /Airbus Tuesday, January 13, • Invite aviation engineer to speak to current representative 2015 ARC mtg efforts /developments to make planes quieter • Debrief from Town Hall Meeting Regular ARC Meeting Tuesday, March 10, 2015 • Monthly reports ARC mtg • Noise Oversight Committee Updates • Follow up on any issues identified via the Town Hall meeting State of the Airport Address (Joint mtg with the Mendota Jeff Hamiel, MAC Tuesday, May 12, 2015 Heights ARC) Executive Director (or ARC mtg • Review fleet mix, operation counts /trends, RNAV decision, designee) and get an update on 2020 Plan capital improvements • Review 2014 Actual Noise Contour Report Tammy Mencel, MAC Commissioner Regular ARC meeting and 2015 -2016 Goals /Work Plan Workshop • Annual MSP Nighttime Operations Assessment 2013 -2014 Tuesday, July 14, 2015 ARC mtg Ongoing ARC Efforts Review at monthly ARC • Monthly review of MAC technical reports, including meetings in 2014 -2015 Corridor compliance, fleet mix, and runway usage • Receive feedback from the public on airport issues • Invite Jeff Davidman, Delta Lobbyist, to a future ARC mtg (Mr. Davidman offered to attend a meeting in the past, but was unable to make it in 2013) • Review and provide feedback on NOC initiatives and studies • Ongoing communication efforts about airport issues via Experience Eagan, City website, social media and cable TV • Participation in MAC aviation disaster drills • 2015 Streets Alive (biennial event) AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 16, 2014 NOTICE OF CONCURRENT ACTIONS -The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER - ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA- ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA - ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVE EDA Minutes of the September 2, 2014 EDA meeting D. OLD BUSINESS- No items at this time E. NEW BUSINESS 1. PUBLIC HEARING to Consider the Sale of Property Located in the Cedar Grove Redevelopment District to Ryland Homes F. OTHER BUSINESS G. ADJOURN - ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota September 2, 2014 A meeting of the Eagan Economic Development Authority was held on Tuesday, September 2, 2014 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Community Development Director Hohenstein noted the EDA is waiting for signature copies from Simon for Items 2 and 3 on the Consent Agenda and is pulling those items. Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of August 4, 2014 - EDA meeting. 2. Item was pulled. 3. Item was pulled. 4. It was recommended to schedule a public hearing to consider the sale of property in the Cedar Grove Redevelopment District to Ryland Homes. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Agenda Information Memo September 16, 2014 Eagan Economic Development Authority Meeting 1. CEDAR GROVE REDEVELOPMENT DISTRICT— PUBLIC HEARING — RYLAND HOMES ROW HOME PROJECT PURCHASE AGREEMENT Action To Be Considered: To close the public Hearing and direct the preparation of findings of fact and a resolution to approve a purchase agreement between the Eagan Economic Development Authority and The Ryland Group, Inc. for the Triangle and Gold Trail Parcels in the Cedar Grove Redevelopment District. Facts: (New Information in Bold) Background • One of the conclusions of the original Cedar /13 Task Force Study was that a mix of high density residential uses with retail, food and beverage and office uses would be a desirable long term redevelopment plan for the area. • Since that time, a number of redevelopment concepts have been considered that would incorporate medium and high density residential uses in various layouts within the core area. The current redevelopment plan including the Paragon Outlet Center and related parking improvements has defined the layout of the remaining development outlots in the area, while preserving the opportunity for the development of some of the other uses originally envisioned. In negotiating the layout of the space with Paragon, the EDA specifically indicated a desire to attract pedestrian and transit oriented uses to implement aspects of the original mixed use vision. Since the outlet center began construction, the redevelopment team reached out to a number of residential developers to gauge interest in further townhome development along the south side of Cedar Grove Parkway, particularly that which could relate to the transit oriented priority for the area. Those discussions resulted in the proposal being presented at this time. Ryland Row Home Concept Proposal The Ryland Group, Inc. has submitted an offer to acquire the 4.4 acre Triangle parcel and .84 acre Gold Trail parcel, both located south of Cedar Grove Parkway for the development of 50 row home /townhome units (44 on the Triangle and 6 on Gold Trail). The proposal would add an additional type and style of owner - occupied medium - density housing along the area between the core area redevelopment and the surrounding area. • The purchase proposal as presented is based on a value of $18,000 per unit for a total of $900,000. The City's appraiser has confirmed this to be within the reasonably probable and likely range of market value for this product type. • At its meeting of August 4, 2014, the EDA approved Ryland's preliminary concept plan dated July 22, 2014 as the basis for the redevelopment of the parcels and gave direction to proceed with the negotiation of a purchase agreement for the properties based on the terms of the Ryland purchase proposal. • That agreement has been prepared and executed by Ryland and is in order for consideration at this time. In order for publicly owned property to be sold for private development, it is necessary to hold a public hearing in that regard. The EDA scheduled a hearing on this matter for Tuesday's meeting and notice has been published in the legal newspaper. • Because this is a matter of negotiation for the purchase of property, if the EDA wishes to ask questions regarding specific details of the proposal, it would be appropriate to recess into executive session for that purpose. If the EDA finds the matter to be in order, it may take the actions outlined above at this time. Attachments: (3) EDANB -1 Location map EDANB -2 Concept Plan Site Plan, Elevations and Interior Images dated 7/22/2014 EDANB -3 Ryland Purchase Agreement `53 p lrSia S f .5 ,.t f •E� g R RV 0.4 LL tt 4 k, r CD OT Ah LJ a O ILI vi 'R e� >9a , i � r s ,• V1, f. :rkA,t�� s' �'a,ht e P >, a e? t '4 \ Off. kn PVT M15 TL Ai Sm is c -I \� �+ ,r �'S f�:. �. t ➢ t _\" . - �sK'e�s�°?- -£'�L Xv gg or UJI dF I� AF L CD aJ �a C � O = L U O N J � O 2 H �� J' J a _� q� •, • it '/ i� I� t+.d!eP I "� �Illi! ! IIIiI�lI 1� -3�i�1 i¢► /161. �hal�l I Il�lilitl l�l11' �Il �Il��i�ail��llt ilil�lil�!I °�lillH'�II!il��l� _ II�III'III�= �IIIeIIl��'lIi` IIIeIII'Ilio III�IIII!111'�OI�IIb'�Ill �® �` / Ittllli4[ �� I11 l�lilllll � ' �I � I t) Iitltlttll 111111111111 �iigitll F Jill i�ili�1i; ;I!1!riliii;iiiI A I. I'll!r�Iil Ii'Ill�fl II 9 ®ga�al tiyc ml: P- INA� III�IIt,llt!Itil'�Ilt�r r ;; llt�lllatl!llllllil�tlll�' � � �. .1 1 IIlIfI�Jill l.It�III a In .�IIIIIIIIIIIII (1(((11(1) ■® ®1M ®� �..r I�IIII' I�tUllli 'llto'tI�'��!i�llrltllillell '� i 0 q�;t�i el!14i1�= �(�I!�e�l�!Ir' ��IAI�111�11Ihs , - 3 t� i� I� t+.d!eP I "� �Illi! ! IIIiI�lI 1� -3�i�1 i¢► /161. �hal�l I Il�lilitl l�l11' �Il �Il��i�ail��llt ilil�lil�!I °�lillH'�II!il��l� _ II�III'III�= �IIIeIIl��'lIi` IIIeIII'Ilio III�IIII!111'�OI�IIb'�Ill �® �` / Ittllli4[ �� I11 l�lilllll � ' �I � I t) Iitltlttll 111111111111 �iigitll F Jill i�ili�1i; ;I!1!riliii;iiiI A I. I'll!r�Iil Ii'Ill�fl II 9 ®ga�al tiyc ml: P- INA� III�IIt,llt!Itil'�Ilt�r r ;; llt�lllatl!llllllil�tlll�' � � �. .1 1 IIlIfI�Jill l.It�III a In .�IIIIIIIIIIIII (1(((11(1) ■® ®1M ®� �..r I�IIII' I�tUllli 'llto'tI�'��!i�llrltllillell '� i 0 kiN Ali q FI-f- 4 0 0 O L C) LM m V CW G O Lm L V � - � - % {\� 1 \� n � � 5 5 '4| kI SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (the "Agreement "), is made as of September 2014 (the "Effective Date" of this Agreement) between the Eagan Economic Development Authority, a public body corporate and political subdivision of the State of Minnesota (the "Seller ") and The Ryland Group, Inc., a Maryland corporation, d /b /a Ryland Homes, and its assigns (the "Buyer "). (Seller and Buyer are hereinafter collectively referred to as the "Parties. ") In consideration of the mutual covenants and agreements hereinafter contained, the Parties agree as follows: 1.) SALE AND PURCIASE OF REAL PROPERTY. Seller shall sell to Buyer, and Buyer shall purchase from Seller the following property (the "Real Property" or "Property "): Parcels of land located in the City of Eagan (the "City"), County of Dakota, State of Minnesota containing approximately 5.2 acres and legally described as: Lots 1 and 2, Block I and Outlot A, Beau D Rue Drive Plat, Dakota County, Minnesota; That part of Lot One (1), Block One (1), Leibel Addition, except that part formerly contained within Outlot A, Cedar Grove No. 6, according to the recorded plat thereof, Dakota County, Minnesota; and That part of Lot One (1), Block One (1), Leibel Addition, formerly contained within Outlot A, Cedar Grove No. 6, according to the recorded plat thereof, Dakota County, Minnesota. 2,) PURCHASE PRICE AND MANNER OF PAYMENT. The purchase price ( "Purchase Price ") to be paid by Buyer to Seiler for the Real Property shall be Nine Hundred Thousand Dollars ($900,000.00). The Purchase price shall be payable as follows: (a). Earnest Money. Seventy Thousand and No /100 Dollars ($70,000.00) as earnest money paid no later than five (5) business days after the Effective Date (together with any interest earned thereon, the "Earnest Money Deposit ") to the Title Company, as defined herein. Title Company shall act as escrow agent with respect to the Earnest Money. All costs of Title Company, if any, with respect to the escrow shall be borne equally by Buyer and Seller; provided however, Title Company shall deposit the Earnest Money in an interest bearing account if Buyer so directs and if Buyer agrees to pay any fees in relation thereto and provides Title Company with completed IRS W -9 forms, all pursuant to the acknowledgment by Title Company attached hereto (the "Escrow Agreement"), Buyer and Seller agree to the terms, conditions and provisions of the Escrow Agreement, upon Title Company's acceptance and execution thereof. Title Company shall deliver original counterparts of this Agreement to each of Buyer and Seller, together with a copy of the executed Escrow Agreement as soon as practicable after Title Company's receipt of the Earnest Money, At Closing, the Earnest Money shall be applied as a credit against the Purchase Price. Upon termination of this Agreement for any reason other than Buyer's default that is not cured as provided in this Agreement, Escrow Agent shall immediately return to Buyer the Earnest Money. If, after the expiration of the Feasibility Period, this Agreement is terminated by Seller based on a default by Buyer hereunder, Seller shall be entitled to the Earnest Money, subject to the terms and conditions set forth in the Escrow Agreement. The provisions of this Section 2(a) shall survive Closing and any termination of this Agreement. (b). Balance. The balance of the Purchase Price, plus or minus any prorations and other adjustments required hereunder, shall be paid in cash, wire transfer, or guaranteed funds on the Closing Date, 3.) FEASIBILITY PERIOD. The period beginning on the day after the Effective Date and ending on a date one hundred twenty (120) days thereafter shall be the "Feasibility Period ". (a) Access. At any time from and after the Effective Date and continuing thereafter so long as this Agreement has not been terminated Seller shall allow Buyer and Buyer's agent's, employees, contractors and subcontractors access to the Real Property without charge and at all reasonable times for the purpose of inspecting the Real Property and to make surveys, take measurements, perform test borings, create test pits or other tests of surface and subsurface conditions and to perform engineering, environmental and other studies and investigations. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify, defend and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities; provided that Buyer shall not be responsible for existing conditions on the Real Property nor the cost of investigations or studies completed by Seller before the Effective Date. Buyer shall further repair any damage to the Real Property caused by or occurring as a result of Buyer's testing if Closing does not occur for any reason. Under no circumstances shall any examination of the Property be deemed to constitute a waiver or relinquishment on Buyer's part of its rights to rely on the covenants, representations, warranties and agreements made by Seller or upon the tests, reports, plans, drawings and agreements provided to Buyer by Seller. (b) Cooperation. Seller shall, without charge to Buyer, cooperate in Buyer's attempts to obtain all governmental approvals and permits necessary in Buyer's judgment in order to allow the lawful use of the Real Property for Buyer's intended purposes. Nothing in this Agreement shall be deemed a waiver of the Eagan City Council's right to exercise its legislative discretion to approve or reject any development proposal presented to the City by Buyer. (c) Documents. Within ten (10) days after the date of this Agreement, Seller shall deliver to Buyer . true and correct copies of all of the Documents (as hereinafter defined) for Buyer's examination and analysis. (d) Document Review. Buyer shall have determined in its sole discretion, that it is satisfied with its examination and analysis of all contracts, agreements, plans, warranties and all other documents in connection with the Real Property (together with any amendments thereto), including, without limitation, the following (all of which are collectively referred to herein as the "Documents "): (i) Phase I ESA. Copies of any environmental reports, including any Phase I Environmental Site Assessments and /or Phase II Environmental Site Assessments, concerning all or part of the Real Property that are in Seller's possession or control. (ii) SuiTeys and Maps. To the extent available, surveys, plats or other depictions relating to the Real Property and copies of all wetland analyses, planning studies, aerial photographs, topographical maps or studies, engineering studies and plans and mylars. 2 (iii) Title Insurance Policies, All title insurance .policies with exception documents related to the Real Property. If Buyer elects to proceed with the acquisition of the Property on the terms hereof, Buyer shall give written notice thereof at any time within the Feasibility Period and not later than within two (2) business days after the expiration of the Feasibility Period ("Buyer's Approval Notice"), If Buyer fails to so provide Buyer's Approval Notice or otherwise provides notice to Seller during the Feasibility Period of Buyer's termination of this Agreement, then this Agreement shall be deemed terminated, whereupon the Earnest Money shall be returned to Buyer. Upon termination of this Agreement under this Section 3, upon request by Buyer, Seller agrees to direct the Escrow Agent in writing to return the Earnest Money to Buyer. Thereafter, no Party hereto shall have any further obligation or liability to the other with respect to the transaction contemplated by this Agreement, except for obligations which expressly survive a termination of this Agreement. 4.) BUYER'S CONDITIONS PRECEDENT TO CLOSING. Buyer's obligation to complete Closing shall be conditioned upon the satisfaction (or Buyer's written waiver thereof) of each of the conditions precedent set forth in this Section 4 (collectively, "Buyer's Conditions Precedent "). Buyer's Conditions Precedent are as follows: (a) Title. Buyer shall receive, at Buyer's cost, a title policy insuring title to the Property in the name of Buyer, subject only to the Permitted Exceptions with standard exceptions deleted, containing such endorsements as shall be required by Buyer, and otherwise being in form and substance acceptable to Buyer in its reasonable discretion, as further described in Section 5 below. (b) Moratorium. There shall exist no general moratorium, or other condition which is the responsibility of Seller hereunder, imposed or announced by any Authority or utility supplier that would result in any Authority restricting, reducing, delaying or denying permits necessary for the development, construction, use or occupancy of the Property as a residential development or any utility supplier delaying or denying sanitary sewer, water, natural gas, electricity or telephone connections with respect to the Property. (c) Representations. Each of Seller's representations and warranties as set forth in Section 9 shall be true as of the date of Closing and Seller shall so certify in writing at Closing. Although certain of Sellers' representations and warranties are limited to the extent of Sellers' knowledge, this condition precedent is not so limited. (d) Preliminary Plat. Buyer shall have received all necessary City (or other applicable Authority) approvals of a preliminary plat of the Property into not less than fifty townhome units, in form acceptable to Buyer in its sole and absolute discretion and subject only to those stipulations and conditions as are acceptable to Buyer in its sole and absolute discretion (the "Preliminary Plat "). The Preliminary Plat shall provide for all easements that may be necessary to provide the Lots with ingress and egress to and from a public roadway and access to all utilities intended to service each of the Lots, including, without limitation, any and all storm water facilities and drainage easements associated therewith. If Buyer determines at any time that it cannot obtain such approvals, then Buyer may cancel this Agreement by notice to Seller, whereupon the Earnest Money shall be returned to Buyer. (e) Approval of Ryland Product, Buyer shall have received written evidence from the City and any other required Authority, private association or architectural review committee that the home types that Buyer intends to build on the Property (the "Ryland Product ") are permitted by applicable City ordinances, other applicable laws and /or applicable association bylaws or resolutions. (f) Development Agreement. Buyer shall have received and approved any Development Agreement, Planned Unit Development Agreement or other similar agreement required by the City or any other Authority in connection with development of the Property and, if applicable, assignment thereof to Buyer. (g) Environmental Conditions. Buyer shall not have, since the end of the Feasibility Period, become aware of or discovered any environmental condition or matter relating to the Property that would subject or potentially expose Buyer to any (i) fee, expense, cost, obligation or liability in regard to the Property, or (ii) impairment to Buyer's construction operations or marketing efforts with respect to the Ryland Product which Buyer intends to construct on the Lots, as determined by Buyer in the exercise of reasonable discretion. (h) Utilities. All utilities shall be available to the Property, at locations acceptable to Buyer in its reasonable discretion. (i) Seller's Performance. Seller shall have performed all of its duties, promises and covenants contained herein, including without limitation execution and /or delivery, as the case may be, at Closing of all Seller Closing Documents. If any condition set forth in this Section 4 has not been satisfied or waived by Buyer on or before Closing, then Buyer may, at Buyer's option, terminate this Agreement. Upon receipt of such notice from Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the obligations which expressly survive a termination of this Agreement. S.) TITLE MATTERS. Title examination shall be conducted as follows: (a) Title Evidence, Immediately following the Effective Date, Seller shall obtain the following title evidence (collectively, the "Title Evidence "): (i) Title Insurance Commitment. A commitment ( "Title Commitment ") from First American Title Company or such other title company selected by Buyer (the "Title Company ") for an ALTA Form B 2006 Owner's Policy of Title Insurance committing to insure a marketable title to the Real Property in Buyer; deleting so- called "standard exceptions" related to survey matters, parties in possession, and liens for labor, materials and services; including affirmative insurance regarding appurtenant easements, separate real estate taxation, and contiguity, in the amount of the Purchase Price, and issued by the Title Company. The cost of the Title Commitment shall be paid by the Seller. The Title Commitment shall include complete and accurate copies of all matters described in Schedule B thereof, and (ii) Survey, A current survey of the Real Property, certified to Seller, Buyer, Title Company and Buyer's lender, prepared in accordance with ALTA /ACSM standards and such other requirements as requested by Buyer or Buyer's lender (the "Survey "), Seller shall deliver a copy of the survey to Buyer, and Buyer shall have thirty (30) days following receipt thereof, to either approve or disapprove of the composition of the Real Property as depicted therein. If the Buyer disapproves of the survey, the Parties shall confer as to reconciling the issues with the survey. The cost of the Survey shall be paid by the Seller. (b) Buyer's Objections. Within thirty (30) days after receiving the last item of the Title Evidence, Buyer shall notify Seller of any objections ( "Objections ") to matters disclosed in the Title Evidence. Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic's lien and any other monetary lien against the Real Property (collectively "Monetary Liens "). With respect to any update to the Title Commitment and /or the Survey, Buyer shall have 10 days after Buyer's receipt of the applicable updated Title Commitment and /or Survey to notify Seller of any Objections; provided that Buyer shall not have the right to object to any matters that were shown on a previous Title Commitment and /or Survey and not timely objected to by Buyer. Seller shall use reasonable efforts to correct any Objections which shall include, if applicable, payment of the Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. At Closing, Buyer shall have the right to require endorsement(s) to the Title Policy. If the Objections are not cured prior to the Closing Date, Buyer will have the option to do any of the following by notice provided to Seller: (i) Terminate. Terminate this Agreement pursuant to Section 4 herein, on or before the Closing Date. Upon receipt of such notice from Buyer, Seller shall promptly return the Earnest Money to Buyer. Upon such return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for obligations which expressly survive a termination of this Agreement; or (ii) Waive. Waive the Objections and close the transaction contemplated by this Agreement as if such Objections had not been made. (c) Title Policy. If the Closing occurs, Title Company shall issue an owner's title insurance policy ( "Title Policy ") pursuant to the Title Commitment, or a suitable marls up of the Title Commitment initiated by the Title Company undertaking to issue such a Title Policy within a reasonable time in the form required by the Title Commitment as approved by Buyer. 6.) CLOSING PROCEDURES. (a) Closing Date. The closing of the purchase and sale contemplated by this Agreement (the "Closing ") shall occur no later than March 31, 2015 (the "Closing Date"), The Closing shall take place at 10 :00 a.m. local time at the office of Title Company, or such other location as determined by the Buyer. At Closing, Seller shall deliver exclusive possession and occupancy of the Property to Buyer free and clear of any claims of any third Parties to possession thereof. (b)Seller's Closing Documents. On the Closing Date, Seller shall execute and /or deliver to Buyer the following (collectively, the "Seller's Closing. Documents "): (i) Deed. A Limited Warranty Deed (the "Deed "), in recordable form, conveying marketable title to the Real Property to Buyer, free and clear of all encumbrances, other than those encumbrances not objected to or waived pursuant to Section 5, The Deed must incorporate a covenant running with the land as required by Minn. Stat. § 469.105. At Closing Seller shall provide to the Title Company a release of the covenant required by Minn. Stat. 469.105 in the form of Exhibit "A" attached hereto (the "Covenant Release ") which shall be held by the Title Company until receiving written confirmation from Seller that Buyer has begun work on the Property, which may include but is not limited to site excavation, clearing, grading or soil correction, Immediately thereafter, Title Company shall record the Seller's release and provide evidence of the same to Buyer. The procedures for such escrow and release are as set forth in more particularity in the Escrow Agreement attached hereto as Exhibit `B" (the "Covenant Release Escrow Agreement "). The obligations of Seller under this Section 6(b)(i) shall survive and be enforceable after Closing; (ii) Title Policy. The Title Policy, or a suitably marked -up Title Commitment, as provided for in Section 5, herein; (iii) Seller's Affidavit, An Affidavit by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor, or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit as may be required by the Title Company to issue the Title Policy; (iv) FIRPTA Affidavit. A nonforeign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations; (v) Original Documents. Seller shall deliver to Buyer all original Documents (or suitable copies thereof) that may be necessary for Buyer to develop and operate the Real Property. Where necessary to comply with statutory record retention requirements, Seller may retain originals of records and provide copies to Buyer; and (vi) Other Documents. All other documents reasonably determined by Buyer or the Title Company to be necessary to transfer the Real Property to Buyer. (c) Buyer's Closing Documents. On the Closing Date, Buyer will execute and /or deliver to Seller the following (collectively, "Buyer's Closing Documents "): (i) Purchase Price. The balance of the Purchase Price to be paid as required by Section 2 hereof, (ii) Covenant Release Escrow Agreement, The Covenant Release Escrow Agreement; and (iii) Title Documents, Such affidavits of Buyer or other documents as may be reasonably required by the Title Company in order to record Seller's Closing Documents and issue the Title Policy. (iv) Plats. The plats for the Real Property that have been approved for recording by Dakota County and the City of Eagan. (v) Development Agreements, The Preliminary Planned Development Agreement and Final Planned Development Agreement that have been approved by the City. 7.) PROBATIONS. Seller and Buyer shall make the following prorations and allocations at the Closing; (a) Title Insurance and Closing Fee. Seller shall pay the cost of the Title Commitment. Buyer shall pay the cost of the premium for the Title Policy. Buyer will pay all reasonable and A customary closing fees or charges imposed by the Title Company or its designated closing agent (b) Deed Tax. Seller shall pay all state deed tax due on the Deed to be delivered by Seller under this Agreement. (c) Real Estate Taxes and Special Assessments. Seller shall pay or cause to be paid all general meal estate taxes payable for the Real Property in the years prior to the year in which the Closing occurs, and any deferred or Green Acres real estate taxes. Seller and Buyer shall prorate the general real estate taxes payable for the Real Property in the year of closing as of the Closing Date based upon the calendar year. Seller shall pay, on or before the Closing Date, all special assessments levied, "pending," deferred or constituting a lien against the Real Property as of the Closing Date, including, without limitation, all installments of special assessments, including interest, payable in the year of Closing. Nothing in this subparagraph shall be deemed a waiver of the City's ability to lawfully impose future special assessments on the Real Property as well as any assessments that may be agreed to by Buyer as part of the development of the Real Property. Buyer shall be responsible for any sanitary area charges, water area charges, water quality, park dedication, trail dedication and other established City fees or fees charged by the Metropolitan Council associated with its development of the Real Property. (d) Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in Seller in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (e) Attorneys' Fees. Seller and Buyer shall each pay its own attorneys' fees in connection with the preparation and negotiation of this Agreement and the Closing, except that a party defaulting under this Agreement or any of its respective Closing Documents shall pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 8.) OPERATION PRIOR TO CLOSING. The Property shall be held at the risk of Seller until Closing thereon. During the period from the Effective Date through the Closing Date (the "Executory Period "), Seller shall not execute any contracts, leases, or other agreements regarding the Real Property, nor perform any act that would impair or encumber the title to the Real Property or affect the condition of the Real Property, 9.) REPRESENTATIONS. WARRANTIES BY SELLER. Seller represents and warrants to Buyer as follows, which representations and warranties shall be true and correct as of the Closing: (a) Organization, Authority. Seller has the requisite power and authority to execute and perform this Agreement and any Seller's Closing Documents to be signed by it; such documents have been (or will be prior to Closing) duly authorized by all necessary action on the part of Seller and at the Closing shall have been duly executed and delivered; such execution, delivery, and performance by Seller of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party, or any agreement by which Seller is bound; and such documents are and shall be valid and binding obligations of Seller, enforceable in accordance with their terms, (b) Title to Real Property. Seller owns the Real Property and has good marketable title, free and clear of all encumbrances, except those encumbrances listed in the Title Commitment. (c) Mechanic's Liens. All labor and materials which have been provided to the Real Property have been fully paid for or will be fully paid for, prior to the Closing Date. (d) Utilities. Gas, sanitary, and storm sewer and water lines are available to the Real Property. Seller has received no notice of actual or threatened reduction or curtailment of any utility set-vice now supplied to the Real Property. (e) Rights of Others to Purchase Real Property, Seller has not entered into any other contracts, agreements or understandings, whether oral or written, for the sale of all or any portion of the Real Property, and there are no existing rights of first refusal or options to purchase all or any portion of the Real Property, or any other rights of others that might prevent the consummation of this Agreement. (f) Storage Tanks, There are no above - ground or underground tanks are located in or about the Real Property. (g) Wells and Septic., Seller knows of no wells on the Real Property. At the time of Closing, Seller will deliver any required well certificate pursuant to applicable laws. There is no "individual sewage treatment system" within the meaning of Minn. Stat. Section 115.55 on or serving the Real Property. Sewage generated at the Real Property goes to a facility permitted by the Minnesota Pollution Control Agency. (h) Assessments. Seller has not received any notice of any actual or proposed special assessments or reassessments of the Real Property. (i) Litigation and Other Matters. Seller has received no notice, and has no knowledge of any pending notice, of a violation of any statutes, ordinances, regulations, judicial decrees, or orders, or the pendency of any lawsuits, administrative or arbitration hearings, governmental investigations, proceedings, applications, petitioners, or other matters affecting the Real Property or the use thereof. 0) Condemnation. Seller has not received any notice of any pending condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. (k) Hazardous Substances, Except as forth in the Phase I and Phase lI reports on file with the City of Eagan, there are no Hazardous Substances stored, deposited or located within the Property or under the surface of the Property. For purposes of this warranty and representation, the term "Hazardous Substances" means asbestos and asbestos - containing materials, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products, or other dangerous, toxic, or hazardous pollutant, contaminant, chemical, material or substance defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Envirommental Laws. For purposes of this Agreement, the term "Environmental Laws" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA "), 42 U.S.C. §§ 9601 -9657, as amended, and any other federal, state and local laws, rules and regulations dealing with Hazardous Substances, the envirortment or public health. (1) FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate," as those terms are defined in Section 1445 of the Internal Revenue Code. (m) Airport Zoning Ordinance. For the purposes of satisfying any applicable requirements of Minn. Stat. § 360.065, a copy of any airport zoning regulations affecting the Real Properly can be reviewed or obtained at the Office of the Dakota County Recorder. (n) Methamphetamine Production, To the best of Seller's knowledge, no methamphetamine production has occurred on the Property. Seller will indemnify Buyer and its successors and assigns against, and will hold Buyer and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for one (1) year after the Closing Date. Except for the warranties, covenants and representations explicitly set forth in this Agreement or the Deed to be delivered at Closing, Seller and Buyer agree that Buyer will accept possession of the Real Property in its AS -IS condition, WITH ALL FAULTS, and the sale of the Real Property to Buyer shall be without any other representation, covenant or warranty of any kind, express or implied, and Buyer, for Buyer, Buyer's agents, attorneys, representatives, heirs and assigns does hereby disclaim and renounce any other representation or warranty. The representations and warranties in this Section 9 shall survive the Closing.. 10.) REPRESENTATIONS. WARRANTIES AND INDEMNITY BY BUYER. Buyer represents and warrants to Seller that Buyer has the power and authority to execute this Agreement and any Buyer's Closing Documents signed by it; that all such documents have been authorized by all necessary action on the part of Buyer and at the Closing shall have been duly executed and delivered; that the execution, delivery, and performance by Buyer of such documents does not conflict with or violate any judgment, order or decree of any court or arbiter or any agreement by which Buyer is bound; and that all such documents are valid and binding obligations of Buyer and are enforceable in accordance with their terms. Buyer will indemnify Seller and its successors and assigns against, and will hold Seller and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for one (1) year after the Closing Date, 11.) CONDEMNATION. If, prior to the Closing Date, any governmental entity commences any eminent domain proceedings ( "Proceedings ") against all or any part of the Real Property, Seller shall give notice to Buyer of such fact, and, at Buyer's option (to be exercised by notice to Seller within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for obligations which expressly survive a termination of this Agreement. If Buyer does not give such notice, then there shall be no reduction in the Purchase Price, provided, however, that Seller shall assign to Buyer at the Closing Date all of Seller's right, title, and interest in and to any award made or to be made in the Proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the Proceedings without Buyer's prior written consent. 12,) ASSIGNMENT. Buyer reserves the right, at Buyer's sole discretion, to assign all or part of its interest in and to this Agreement to an affiliate of Buyer. Notwithstanding the foregoing, neither Seller nor Buyer may assign its rights under this Agreement for any other purpose, without the prior written consent of the other parry. 1.3.) SURVIVAL. All of the covenants, representations and warranties made in this Agreement which either by their terms expressly survive Closing, or are contained in any schedule, exhibit, certificate, or document delivered at Closing, will survive and be enforceable after the Closing. 14.) NOTICES. Any notice required or permitted to be given under any provision of this Agreement shall be in writing and shall be deemed to have been given in accordance with this Agreement, if it is mailed, by United States certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 Attn: David M. Osberg, Executive Director Telecopy: (651) 675 -5012 Email: Dosberg @cityofeagan.com With a copy to,: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer, City Attorney Telecopy: (952) 432 -3780 Email: RBauer• @dmshb.com If to Bum: Division Office: The Ryland Group, Inc. 7599 Anagram Drive Eden Prairie, Minnesota 55344 Attn: Mr. Michael W. DeVoc Telecopy: (952) 229 -6024 Region Office: The Ryland Group, Inc. 21925 Field Parkway, Suite 230 Deer Park, Illinois 60010 Attn: Mr. Peter G. Skelly, Chief Operating Officer Telecopy: (847) 726 -2628 With a copy to: Mr. Timothy J. Geckle Senior Vice President and General Counsel The Ryland Group, Inc. 3301 Townsgate Road, Suite 200 Westlake Village, California 91361 -3027 Telecopy: (805) 367 -3807 And Mr. Marc I. Spencer Homebuilding Group Real Estate Counsel 3030 North Rocky Point Drive W., Suite 350 Tampa, Florida 33607 Telecopy: (813) 289 -5597 U And Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 Attention: Ryan N. Boe, Esq. Notice shall be effective, and the time for response to any notice by the other party shall commence to run, one (1) business day after any such mailing or deposit. Either Seller or Buyer may change its address for the service of notice by giving notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. Notwithstanding the foregoing, any party may give any other party written notice hereunder by any means other than by United States registered or certified mail or overnight courier, which is reasonably calculated to reach the other party, including but not limited to hand delivery, email transmission or facsimile transmission, provided that any such notice shall be deemed to have been given and shall be effective only when actually received by the addressee, proof of which shall be furnished by the party sending such notice. 15.) CAPTIONS; EXHIBITS. The section and paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. All schedules, exhibits, addenda or attachments referred to herein are hereby incorporated in and constitute a part of this Agreement. 16.) ENTIRE AGREEMENT, MODIFICATION. This written Agreement constitutes the complete agreement between Seller and Buyer and supersedes any prior oral or written agreements between them regarding the Real Property. There are no oral agreements that change this Agreement, and no amendment of any of its terms will be effective unless in writing and executed by both Seller and Buyer. 17.) BINDING EFFECT. This Agreement binds and benefits Seller and Buyer and their respective successors and assigns. 18.) CONTROLLING LAW. This Agreement has been made under, and will be interpreted and controlled by, the laws of the State of Minnesota. 19.) WAIVER. No waiver of the provisions of this Agreement shall be effective unless in writing, executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect of any subsequent breach or default, either of similar or different nature, unless expressly stated in writing. 20.) COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 21.) FACSIMILE SIGNATURES. This Agreement may be executed with signatures transmitted by facsimile or email and shall constitute a binding agreement with such signatures. Nonetheless, any party providing facsimile or emailed signatures shall provide the other party with the original signatures within five (5) business days after providing the facsimile signature page(s). 22.) SEVERABILITY. If any provision of this Agreement is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. 23.) LIMITATION OF LIABILITY. Upon Closing, Buyer shall neither assume nor undertake to pay, satisfy or discharge any liabilities, obligations or commitments of any Seller other than those specifically agreed to between the Parties and set forth in this Agreement. 24.) REMEDIES. Time is of the essence of this Agreement. If Seller defaults in performance of its obligations under this Agreement, Buyer shall be entitled to (i) terminate this Agreement and receive a full refund of all of the Earnest Money, (ii) seek specific performance of this Agreement; and /or (iii) bring an action seeking monetary damages with respect to a breach of Seller's indemnification obligations under Section 9 above. Notwithstanding anything to the contrary in this Section 24, any and all claims brought by Buyer pursuant to Section 9 of this Agreement shall be subject to the maximum liability ('units provided by Minnesota Statutes, Chapter 466 and is limited to the amount of available insurance coverage. If Buyer defaults in performance of its obligations under this Agreement, Seller shall have the right to terminate this Agreement in the manner provided by Minn, Stat. Sec. 559.21 and to obtain the Earnest Money (to the extent paid by Buyer) as liquidated damages. Such termination of this Agreement and receipt of the Earnest Money will be the only remedies available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. 25.) REAL ESTATE BROKERS. Seller represents to Buyer that it has entered into an Amended and Restated Preliminary Development Agreement with Pratt Development, Inc. ( "Seller's Broker ") in connection with the transactions contemplated by this Agreement. Buyer represents to Seller that it has not engaged any broker in connection with the transactions contemplated by this Agreement. All brokers' fees, finders fees, commissions or other similar fees to be paid to Seller's broker, Buyer's broker and /or any employees or agents thereof in connection with the transactions contemplated by this Agreement shall be paid by Seller at Closing from Seller's proceeds therefrom. The provisions of this Section 25 shall survive the Closing. 26.) WAIVER OF TRIAL BY JURY, BUYER AND SELLER HEREBY EXPRESSLY COVENANT AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY LITIGATION OR JUDICIAL PROCEEDING RELATING TO, DIRECTLY OR INDIRECTLY, OR CONCERNING THIS AGREEMENT OR THE CONDUCT, OMISSION, ACTION, OBLIGATION, DUTY, RIGHT, BENEFIT, PRIVILEGE OR LIABILITY OF A PARTY HEREUNDER TO THE FULL EXTENT PERMITTED BY LAW. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN AND IS KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE BY BUYER AND SELLER. BUYER AND SELLER HAVE HAD AN OPPORTUNITY TO SEEK LEGAL COUNSEL CONCERNING THIS WAIVER. THIS WAIVER IS INTENDED TO AND DOES ENCOMPASS EACH INSTANCE AND EACII ISSUE AS TO WHICH THE RIGHT TO A JURY TRIAL WOULD OTHERWISE ACCRUE, BUYER AND SELLER FURTHER CERTIFY AND REPRESENT TO EACH OTHER THAT NO PARTY, REPRESENTATIVE OR AGENT OF BUYER OR SELLER (INCLUDING, BUT NOT LIMITED TO, THEIR RESPECTIVE COUNSEL) HAS REPRESENTED, EXPRESSLY OR OTHERWISE TO BUYER OR SELLER OR TO ANY AGENT OR REPRESENTATIVE OF BUYER OR SELLER (INCLUDING, BUT NOT LIMITED TO, THEIR RESPECTIVE COUNSEL) THAT THEY WILL NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL. THIS WAIVER SHALL APPLY TO THIS AGREEMENT AND ANY FUTURE AMENDMENTS, SUPPLEMENTS OR MODIFICATIONS OF THIS AGREEMENT. 12 27.) BUYER'S CORPORATE POLICY. Seller hereby acknowledges to and confirms with Buyer that Seller has been apprised of the corporate policy of Buyer to the effect that all contracts entered into by Buyer in regard to the purchase or development of land are not valid unless signed by Peter G. Skelly, Executive Vice President of Buyer or Marc I. Spencer, Real Estate Counsel — Operational Vice President of Buyer. 28.) CONSTRUCTION. Seller and Buyer agree that this Agreement has been thoroughly negotiated in good faith and that if any ambiguity shall arise hereunder, there shall be no presumption that either Party drafted this Agreement and neither Party shall have such ambiguity resolved against simply by virtue of its role in drafting or preparing this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 13 Seller and Buyer have executed this Agreement as of the date set forth above, BUYER: The Ryland Group, Inc., a Maryland corporation d /b /a Ryland Homes By: By: MQ rG �PeCe/ ��fra.%! anJ UL� l�W�.GLY SELLER: Eagan Economic Development Authority By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director 14 Seller and Buyer have executed this Agreement as of the date set forth above. BUYER: The Ryland Group, Inc., a Maryland corporation d /b /a Ryland Homes By: Hol � c- ue l v• el/vd- C9P�rc��d'cstai V-P By: SELLER: Eagan Economic Development Authority By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director 14 ACKNOWLEDGMENT OF RECEIPT OF EARNEST MONEY AND ESCROW AGREEMENT 1. The undersigned, designated as the "Title Company" by the parties to that certain Sale and Purchase Agreement to which this Escrow Agreement is attached (the "Purchase Agreement "), acknowledges receipt from the `Buyer" under the Purchase Agreement of $70,000 as the earnest money under the Purchase Agreement (the "Deposit"), Except as otherwise defined in this Escrow Agreement, all capitalized terms herein shall have the meaning given to them in the Purchase Agreement, 2. Title Company hereby agrees to act as escrow agent and to hold the Deposit paid pursuant to the provisions of the Purchase Agreement, subject to the conditions set forth below. 3. Upon receipt of an appropriate Internal Revenue Service Form W -9, all of the Deposit shall be held in an FDIC insured interest bearing account with interest accruing to the benefit of Buyer, unless Seller receives the Deposit as a result of the cancellation of the Purchase Agreement, in which event the interest shall also be disbursed to Seller. 4. Upon notification by both parties in writing that the transaction has closed or if Title Company is facilitating the Closing of the Purchase Agreement, Title Company will pay all of the Deposit to Seller at the Closing. 5. Pursuant to Section 3 of the Purchase Agreement, if Buyer fails to provide Buyer's Approval Notice or otherwise provides notice to Seller and the Title Company during the Feasibility Period of Buyer's termination of the Purchase Agreement, then the Title Company shall immediately refund the Deposit to Buyer. 6. Certain provisions of the Purchase Agreement, including without limitation Sections 4, 5 and 11 of the Purchase Agreement, contemplate circumstances in which Buyer shall have the unilateral right to terminate the Purchase Agreement by delivery of written notice to Seller and Title Company along with a copy of paid invoices for all work performed on the Real Property by Buyer's agents and contractors (the "Termination Notice "). Upon Title Company's receipt of the Termination Notice (provided Title Company receives such Termination Notice on or before the applicable date) Title Company shall immediately and simultaneously: (a) deliver a copy of the Termination Notice to Seller, in the manner provided in the Notice section of the Purchase Agreement, and (b) disburse the Deposit to Buyer. 7. If Buyer defaults in any of its obligations under the Purchase Agreement and Seller desires to obtain the Deposit from Title Company pursuant to the terms of the Purchase Agreement, Seller shall first be required to present to Title Company Seller's affidavit of such default (the "Default Affidavit "), executed under penalty of perjury by an authorized representative of Seller, certifying to Buyer and Title Company that: (a) Buyer is in default under the Purchase Agreement, and (b) the Purchase Agreement has been cancelled pursuant to Minn. Stat. Section 559.21, and therefore, Seller is entitled to the Deposit. Upon receipt of the Default Affidavit from Seller, Title Company shall (i) deliver a copy of the Default Affidavit to Buyer in the manner as provided in the notice section of the Purchase Agreement and (ii) if within five (5) business days after the date on which the Default Affidavit is deemed given to Buyer (pursuant to the notice section of the Purchase Agreement), Title Company has not received from Buyer a notice ( "Objection Notice ") objecting to Title Company's compliance with the Default Affidavit, Title Company shall deliver the Deposit to Seller. M 8. If after the Feasibility Period has expired Seller defaults in any of its obligations under the Purchase Agreement and Buyer desires the return of the Deposit from Title Company pursuant to the terms of the Purchase Agreement, Buyer shall first be required to present to Title Company its own Default Affidavit, executed under penalty of perjury by an authorized representative of Buyer, certifying to Seller and Title Company that Seller is in default under the Purchase Agreement and did not cure such default within any applicable time period set forth in the Purchase Agreement, and therefore, Buyer is entitled to the return of the Deposit. Upon receipt of such Default Affidavit from Buyer, Title Company shall (i) deliver a copy of such Default Affidavit to Seller in the manner required pursuant to the notice section of the Purchase Agreement, and (ii) if within five (5) business days after the date on which the Default Affidavit is deemed given to Seller (pursuant to the notice section of the Purchase Agreement), Title Company has not received from Seller an Objection Notice objecting to Title Company's compliance with such Default Affidavit, Title Company shall deliver the Deposit to Buyer, 9. If Title Company receives an Objection Notice from either Seller or Buyer within the time period set forth above, then Title Company shall refuse to comply with the Default Affidavit then in question ( "Objectionable Default Affidavit ") until Title Company receives either (a) joint written instructions executed by both Buyer and Seller, or (b) a final non - appealable order with respect to the disposition of the Deposit from a federal or state court of competent jurisdiction ( "Court Order "), in either of which events Title Company shall then disburse the Deposit in accordance with such written instructions or such Court Order, as applicable. Notwithstanding the immediately preceding sentence, if the party that delivers the Objection Notice does not both (i) commence litigation with respect to the Deposit by filing a complaint or action for a declaratory judgment in an appropriate court of competent jurisdiction ( "Litigation "), and (ii) provide notice and a file- stamped copy of such complaint or, action for declaratory judgment to Title Company and the other party to this Escrow Agreement within thirty (30) days after delivery of the then applicable Objection Notice, then Title Company shall disburse the Deposit in accordance with the Objectionable Default Affidavit, 10. The sole duties of Title Company shall be those described herein. Title Company shall be under no obligation to determine whether the parties to the Purchase Agreement are complying with any requirements of law or the terms and conditions of any other agreements among said parties. Title Company may conclusively rely upon and shall be protected in acting upon any notice, consent, order or other document believed by it to be genuine and to have been signed or presented by the proper party or parties, consistent with reasonable due diligence on Title Company's part. Title Company may consult the advice of counsel with respect to any issue concerning the interpretation of its duties hereunder. Buyer and Seller hereby acknowledge such fact and indemnify and hold harmless Title Company from any action taken by it in good faith in reliance thereon. Title Company shall have no duty of liability to verify any such notice, consent, order or other document, and its sole responsibility shall be to act as expressly set forth in this Agreement. Title Company shall be under no obligation to institute or defend any action, suit or proceeding in connection with this Agreement. If any dispute arises with respect to the disbursement of any monies, Title Company may continue to hold the same or commence an action in interpleader and in comlection therewith remit the same to a court of competent jurisdiction pending resolution of such dispute, and the parties hereto hereby indemnify and hold harmless Title Company for any action taken by it in good faith in the execution of its duties hereunder. 11. In the event of litigation between the parties with respect to this Escrow Agreement, the performance of their respective obligations, or the effect of a termination under the Purchase Agreement or this Escrow Agreement, the losing party shall pay all costs and expenses incurred by the prevailing party in connection with such litigation, including, but not limited to, court costs and reasonable fees of counsel selected by the prevailing party. Notwithstanding any provision of the Purchase agreement or this Escrow Agreement to the contrary, the obligations of the parties under this Section shall survive a termination of either or both of the Purchase Agreement and this Escrow Agreement. Any dispute 16 concerning this Agreement shall be venued in District Court in Dakota County, Minnesota. Title Company hereby consents to jurisdiction and venue in Dakota County, Minnesota, First American Title Insurance Company hereby acknowledges receipt of the foregoing escrow deposit and agrees to hold the same as above specified. Dated this day of September, 2014 Address: 10160 Foley Boulevard Suite 100 Coon Rapids, Minnesota 55448 TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: 17 EXHIBIT "A" TO SALE AND PURCHASE AGREEMENT RELEASE OF COVENANT I, David M. Osberg, as the Executive Director of the Eagan Economic Development Authority hereby certifies that The Ryland Group, Inc. d /b /a Ryland Homes, has satisfied the requirements of Minn. Stat. §469.105, Subd (5) and the covenant described in that certain Limited Warranty deed dated and recorded on as Dakota County Recorder Document No. is hereby released and terminated. Eagan Economic Development Authority By: David M. Osberg Its: Executive Director STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me this day of , 2014 by David M. Osberg, the Executive Director of the Eagan Economic Development Authority. Notary Public is EXHIBIT "B" TO SALE AND PURCHASE AGREEMENT COVENANT RELEASE ESCROW AGREEMENT THIS COVENANT RELEASE ESCROW AGREEMENT ( "Escrow Agreement ") is made and entered into as of , 2015, by and between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "Seller ") and The Ryland Group, Inc., a Maryland corporation, d /b /a Ryland Homes, and its assigns (the "Buyer"), BACKGROUND INFORMATION A. Seller and Buyer executed that certain Sale and Purchase Agreement dated September _, 2014 (the "Contract "), pursuant to which Seller agreed to sell to Buyer certain real estate located in Eagan, Minnesota, as more particularly described therein (the "Property "). B. Pursuant to the Contract, Seller has agreed to execute, acknowledge and deliver that certain Covenant Release (as defined in Section 6(b)(ii) of the Purchase Agreement) for recording in Dakota County, Minnesota. Developer has agreed to execute, acknowledge and place the Covenant Release into escrow, pursuant to the teems of this Escrow Agreement, STATEMENT OF AGREEMENT NOW, THEREFORE, in consideration of the foregoing Background Information and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to escrow the following sum on the terms and conditions hereinafter set forth; 1. Appointment of Escrow Agent, First American Title insurance Company with an address of 10160 Foley Boulevard, Suite 100, Coon Rapids, Minnesota 55448 ( "Escrow Agent "), is hereby appointed Escrow Agent and is hereby authorized and empowered to effectuate this Escrow Agreement on the terms and conditions set forth herein. By acceptance hereof, Escrow Agent agrees to said appointment and agrees to perform the obligations of the Escrow Agent in accordance herewith. 2. Deposit of Covenant Release. Seller has simultaneously herewith deposited with said Escrow Agent the executed and notarized Covenant Release. Escrow Agent shall hold the Covenant Release and deliver the same as provided herein below. 3. Disposition of Covenant Release, Escrow Agent shall hold the Covenant Release as aforesaid until such time as Buyer delivers written notice to Seller and Escrow Agent that Buyer has begun work on the Property (which may include but is not limited to site excavation, clearing, grading or soil correction) and requesting that the Covenant Release be recorded in the Dakota County Recorder's office. Upon receipt of such notice, Seller shall have three (3) business days to object to such request. If no objections occur within such three (3) business day period, Escrow Agent shall immediately record the Covenant Release in the Dakota County 19 Recorder's Office. Recording of the Covenant Release by Escrow Agent as hereinabove provided will result in the termination of the terms and conditions of this Escrow Agreement. 4. Inter leader. I. The parties hereto specifically agree that Escrow Agent is not obligated to record the Covenant Release except as provided in this Escrow Agreement. If any question exists as to the recording of the Covenant Release, Escrow Agent may demand from Seller and Buyer joint instructions as to the same. If no such joint instructions are received by Escrow Agent within fifteen (15) business days of such demand, Escrow Agent may, at its sole discretion, either continue to hold the Covenant Release, without liability to any party for so doing, or act in accordance with Section 4(b) below. b. If, after request therefor, as provided in the foregoing Section 4(a), Escrow Agent does not timely receive joint instructions pertaining to the recording of the Covenant Release, Escrow Agent may, by written notice to Seller and Buyer, demand that all of the parties either enter into binding arbitration or litigation to determine to whom the Covenant Release should be delivered. Alternatively, Escrow Agent may file suit in interpleader in the proper court for the purpose of having the respective rights of the parties hereto adjudicated. Escrow Agent, upon initiation of such suit, may deposit with the court the Covenant Release and upon giving notice thereof to all of the parties, Escrow Agent shall be fully released and discharged from all further obligations hereunder with respect to the Covenant Release, 5. Remedies. If any default occurs hereunder by any party to this Escrow Agreement, the parties shall have all remedies available to them at law or equity. In the event of any litigation or alternative dispute resolution proceeding arising under the terms of this Agreement, or in the event of non - payment of any sums arising under this Escrow Agreement, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to recover its reasonable attorney's fees and court costs. 6. Miscellaneous. The paragraph headings contained in this Escrow Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Escrow Agreement. b. This Escrow Agreement shall be construed, interpreted, and governed by the laws of the State of Minnesota without reference to conflict of law principles. The parties agree that any dispute arising under this Escrow Agreement and any lawsuit involving this Escrow Agreement to which the Escrow Agent is a party shall be heard only by a court of competent jurisdiction in Anoka County, Minnesota. C. This Escrow Agreement is binding upon and shall inure to the benefit of the respective parties hereto, and their respective heirs, legal representatives, successors and assigns. d. This Escrow Agreement constitutes the complete agreement between the parties hereto, supersedes any prior oral or written agreements between them regarding the subject matter contained herein and amends and supplements the Purchase Agreement. If there is a conflict between the provisions of the Purchase Agreement and this Escrow Agreement, the provisions of this Escrow Agreement shall control. 20 e. For purposes hereof, a "business day" shall mean a day of the year, other than (i) a Saturday; (ii) a Sunday; or (iii) any day upon which Escrow Agent is required or authorized by law to remain closed. f. Any notice required or permitted to be given under any provision of this Agreement shall be in writing and shall be deemed to have been given in accordance with this Agreement, if it is mailed, by United States certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 Attn: David M. Osberg, Executive Director With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A, 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer, City Attorney If to Buyei Division Office: The Ryland Group, Inc. 7599 Anagram Drive Eden Prairie, Minnesota 55344 Attn: Mr. Michael W. DeVoe Telecopy: (952) 229 -6024 Region Office: The Ryland Group, Inc. 21925 Field Parkway, Suite 230 Deer Park, Illinois 60010 Attn: Mr, Peter G. Skelly, Chief Operating Officer Telecopy: (847) 726 -2628 With a copy to: Mr. Timothy J. Geckle Senior Vice President and General Counsel The Ryland Group, Inc. 3301 Townsgate Road, Suite 200 Westlake Village, California 91361 -3027 Telecopy: (805) 367 -3807 And Mr. Marc I. Spencer Real Estate Counsel 3030 North Rocky Point Drive W., Suite 350 Tampa, Florida 33607 Telecopy: (813) 289 -5597 21 And Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 Attention: Ryan N. Boe, Esq. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 22 IN WITNESS WHEREOF, the parties hereto have executed this Escrow Agreement on the day and year first above written. BUYER: The Ryland Group, Inc., a Maryland corporation d /b /a Ryland Homes By: SELLER: Eagan Economic Development Authority By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director 23 The undersigned accepts the appointment as Escrow Agent under the foregoing Escrow Agreement and agrees to undertake and perform the obligations imposed upon Escrow Agent thereunder. The undersigned further acknowledges receipt of the Covenant Release referred to therein. Executed as of this , 2015. 4846.4042 -1532, v. 6 24 ESCROW AGENT: FIRST AMERICAN TITLE INSURANCE COMPANY am Its: