05/08/2001 - City Council Special. y;.;•::....::.r:::::::..
MEMO
city of eagan
TO: HONORABLE MAYOR AND CITY COUNCII.MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 3, 2001
SUBJECT: SPECIAL CITY COUNCIL MEETING/TUESDAY, MAY 8
A Special City Council meeting was scheduled for Tuesday, May 8 beginning at 5:30 p.m. in the City Council
Chambers. As a reminder, any Special City Council meetings on the second Tuesday are to be televised
under the policy that Council agreed to earlier this year. If any member of the City Council would like a
sandwich prior to the Special City Council, please notify Mira and arrangements will be made for you.
The purpose of the meeting is to consider the following agenda items that include:
^ Part III C.I.P. 2002-2006/Public Work Project
^ Emergency Preparedness Plan Update
^ Fire Department Aerial Truck Replacement
^ Review Public Notification Policy for Mailing Public Hearing Notices
• Discussion regarding Placement of Signs which include Election Signs
PART III C.LP. 2002-2006/PUBLIC WORKS PROJECT
The Public Works Department has prepared the Five (5) Year Capital Improvement Program (C.I.P.) Part III
for the years 2002-2006. The C.I.P. continues to refine and re-evaluate the community's infrastructure while
taking into consideration approved C.I.P.'s of Dakota County and MNDOT. The document enclosed
without page number includes an Executive Summary memo from Director Colbert on the proposed
expenditures, an Executive Summary memo from Acting Director of Finance Pepper on the proposed
revenues for the C.I.P. Part III and the detailed document.
Presentation of the C.I.P. at this time of the year allows the City Council to prioritize, as a matter of public
policy, those capital improvements that are to be considered as part of the 2002 Work Program. Staff needs
more than a year of lead time to begin the process of developing feasibility reports, holding public hearings
and then proceeding with the projects which takes several months in order to meet a construction time frame
for the next year.
It is anticipated that the City Council will review the schedule as outlined by the Public Works Department,
make any changes/modifications to the program and then the document will be scheduled at a regular City
Council meeting for input by the public and a final ratification.
ACTION TO BE CONSIDERED:
To provide staff direction regarding the Five (5) Year C.I.P.2002-2006.
Please note that the other element of the Five (5) Year C.I.P. that relates to Part III is for the park system and
their Five (5) Year C.I.P. will be presented when the Parks and Recreation Advisory Commission has their
joint meeting with the City Council.
EMERGENCY PREPAREDNESS PLAN UPDATE
Periodically the City reviews the All Hazardous Plan, which we commonly refer to as the Emergency
Preparedness Plan. A goal at the January City Council retreat was to review and update the plan. A memo, a
copy is attached on pages ~ through _~, was distributed in February to the City Council highlighting
the Eagan Emergency Plan Review, the July 2000 Super Storm Operations and other improvements for the
Police Department.
Copies of the plan will be presented at the meeting on Tuesday.
ACTION TO BE CONSIDERED:
To receive the updated "All Hazard" plan patterned and formatted from the state prototype plan and to
provide any comments or direction to staff about the document.
FIRE DEPARTMENT AERIAL TRUCK REPLACEMENT
The Fire Department Truck Committee is recommending that the 1977 fire aerial truck be scheduled for
replacement. In order to properly schedule the aerial platform, an appropriation of $800,000 to $1 million
will be necessary. The replacement is proposed for the 2003 Capital Improvement Budget. In order to
receive delivery during 2003, it will be necessary to provide direction to the Fire Department Truck
Committee to begin preparation of the specifications and advertisement for bids during 2001. Recently, the
Fire Department was given a demonstration by one of the companies that build fire aerial trucks and there is a
2001 demo that could provide quite a savings to the City.
Since the City Council adopted a Capital Allocation Program for Part II of the C.I.P. to fund all new and
replacement capital items, there has been an understanding that specialized equipment such as the aerial truck
are exempt from the funding given the cost and that depreciation is much longer than most of the equipment
that is purchased and replaced by all City departments. This City could sell equipment certificates and spread
the sale over a 3 to 5 year period as a special tax dividing the cost of the equipment over 3 to 5 equal
payments levied against the entire community. The City Administrator and Fire Chief will speak more to the
request at the meeting on Tuesday. Enclosed on page ~ is a copy of a memo from Chief Jensen, entitled
"Replacement Of Aerial Platform Unit 1211".
ACTION TO BE CONSIDERED:
To provide direction to the City Administrator and Fire Chief regarding replacement of the 1977 aerial fire
truck.
REVIEW PUBLIC NOTIFICATION POLICY FOR MAII,ING PUBLIC HEARING NOTICES
At recent Council meeting direction was given to staff to bring the City's 3 50' mailed notification
procedure to a Special Council Meeting for discussion.
a
This topic was discussed by the City Council most recently in 1995/1996. Discussion at that time
centered around the adequacy of a 350' radius for mailed notification. The content of the Council
discussion was that increasing the notice range to 450' or 500' would nevertheless result in a property
owner 451' or 501' from a development site claiming the notification procedure to be lacking. In
addition, the Council also discussed incorporating a policy whereby staffwould determine, on a case by
case basis, when to exceed the 350' due to the type of project or the area of the City would result in
staff being forced to make arbitrary decisions that would certainly open staff (and the City) to criticism
for not extending the notice area for any given project.
The determination of the Council was that the City should maintain the State of Minnesota mandate of a
350' notification for any application requiring a Public Hearing and that the City institute the
Development Notification signage to be placed on properties with a pending application.
ACTION TO BE CONSIDERED:
To provide any further direction to City staff regarding development notification.
DISCUSSION PLACEMENT OF SIGNS (INCLUDING ELECTION SIGNS)
At their regular meeting of February 20, 2001, the City Council directed that action on this signage
issue be continued to allow the Advisory Planning Commission (APC) to review the situation and make
a recommendation to the Council regarding this issue. Background information is attached on page
g through 1L.
As you may recall, the Council had the City Attorney's office review the situation and provide an
opinion. This information was provided to the Council on February 20, 2001 and basically stated that
the Council cannot allow signs in certain rights-of--way and not others, cannot allow certain types of
signs in rights-of--way and not others, and that the law does not allow the City to regulate the number or
size of campaign signs in areas where said signage is allowed.
At their Workshop Meeting held on April 12, 2001, the APC unanimously recommended that signage
be prohibited within public rights-of--way and on public property. Meeting summary notes are attached
on page ~.
ACTION TO BE CONSIDERED:
To provide direction to the City staff regarding placement of signs; specifically, campaign signs.
/s/ Thomas L. Hedges
City Administrator
3
MEMORANDUM
EAGAN POLICE DEPARTMENT
3830 Pilot Knob Road
y~Teo~f
Eagan, MN 55122
~"
' 651-681-4700
"`
Eq~~,N 651-681-4738 FAX
DATE: February 13, 2001
TO: Tom Hedges, City Administrator
FROM: Kent Therkelsen, Chief of Police
SUBJECT: City of Eagan Emergency Plan
As you requested, I am submitting this information for City Council use in their review of the City of
Eagan Emergency Plan and its use during the July, 2000 Super Storm event. This is not intended as a
critique of the operations of the individual operating departments of the City.
The information starts with a general overview of the Emergency Plan and concludes with a discussion
of how the plan vas used in the July storm including areas of improvement that were noted. Emergency
Management Coordinator Ken Southorn was instrumental in the preparation of this information.
Eagan Emergency Plan Review
The Eagan Emergency Preparedness Plan is a comprehensive "All Hazazd" plan patterned and
formatted from the state prototype plan. By necessity, the plan is general in nature, providing guidelines
rather than attempting to identify all situations that could possibly occur. The plan and associated
annexes identify the responsibilities of city departments, outside agencies and certain individuals
relative to activities that may be required in response to any disaster. The existing governmental
structure is the basis for emergency operations. Governmental agencies/departments perform
emergency activities related to those they perform on a day-to-day basis. The plan is designed to allow
the field commander the latitude of making decisions based upon the situation encountered.
The Plan consists of various sections, including the general plan, annexes, resource manual and
"checklists" for each function. The plan and annexes identify emergency responsibilities by functional
area or department, agency or individual. The resource manual is a comprehensive listing to assist the
emergency management team in securing needed resources required to mitigate the situation. The
"checklists" are reminders for individuals to address key activities during the disaster. It is important to
note that the plan, including resource manual and checklists, are reviewed and updated annually as
necessary.
In the event of a disaster, the city departments that are trained and equipped to deal with the immediate
threat provide emergency response. The field commander will apply the necessary resources required to
resolve the situation at hand. The scene of the disaster is operated under the Incident Command System.
Emergency Plan
Page 2
All activity is channeled through the command stricture to assure the coordination, control and
command of the situation. Freelancing outside this structured command causes confusion and is
detrimental to the resolution of the situation. If the magnitude of the incident escalates beyond the
capacity of the field command, the Emergency Operations Center (EOC) will be activated to enhance
communication between departments/agencies and provide overall coordination of the incident. Partial
or complete activation of the EOC is accomplished based upon the magnitude of the incident.
The Emergency Operations Center is located in the training room of the Police Department. The EOC,
when activated, is staffed by key city personnel and individuals from relevant outside agencies or
organizations. These individuals are typically department heads or other individuals who can support
the field command operations. The EOC becomes the logistics center to support the field with necessary
personnel, equipment, or other supplies. In addition, this is where the department heads and the City
Administrator can confer and provide policy decisions for field personnel.
City resources must be utilized to the maximum before State or Federal assistance will be made
available. In the event of an emergency, exceeding the capabilities of the city and county, the State of
Minnesota Duty Officer maybe called for additional resources. National Guard support maybe
available, but is not guaranteed. Only the Governor, as Commander-ln-Chief, can activate the National
Guard. Requests to activate the National Guard must be made by the County Sheriff.
July 2000 Super Storm Operations
unng t e storm o u y ,many City and external agencies responded to the emergency. Police,
Fire, and Public Works were activated to deal with the immediate danger to personal safety and city
infrastructure. Notable among the non-city responders were regional representatives from the
Minnesota Department of Emergency Management, the Dakota County Emergency Management
Coordinator, American Red Cross, Salvation Army, NECHAMA (Jewish Disaster Relief), and a host of
volunteers from local area churches and businesses, as well as numerous individuals who volunteered on
their own.
Emergency response to the super storm was prompt and efficient. Search and rescue efforts were heroic
and carried out in the most professional manner. Security, traffic control and response to "regular"
emergencies were well executed in the face of the massive call load being experienced by the 9-1-1
center. Public works utilized their resource lists to provide emergency protection to the roads and
infrastructure of the city. Cooperation between city departments was good, but could have been
improved with the activation of the EOC.
Improvements
ctrvat~on. In this particular disaster, the number of victims and the large area affected was not
immediately evident to those in field command positions. Had the severity and extent of damage been
known earlier, the EOC would have been activated to assist in the coordination of the incident.
Compounding this problem in the July disaster was the fact that the disaster area grew as water
continued to move through the city for several days after the storm.
Volunteer Coordination. We need to designate a coordinator and staff to handle volunteer efforts. The
number of volunteer agencies and individuals who came forward was gratifying, but created
coordination problems for city staff. Ultimately the Salvation Army provided an 800 number and staff
to accept volunteer offers and needs. Unfortunately, the information was not easily communicated to
the residents and some needs and volunteers were not identified.
s
Emergency Plan
Page 3
Outbound Communications. News media, direct mailing, the city web page and leaflet distribution
were all used to communicate with the public. Implementation of a "reverse 911" notification system,
currently being investigated by Dakota County and the public safety departments within the county, will
enable public safety to send messages to all working telephones in areas defined by staff.
Related to this was a concern about coordination of information being distributed by the City. Press
releases and leaflets were made available to city staff in phone answering positions, but were not
numbered or dated. This led to confusion over which version was most current.
Command Vehicle. This and other events during the last two or three years have pointed out a need
for an updated mobile command vehicle. The existing command vehicle, a home converted school bus,
does not have the proper configuration or equipment to properly direct a field command operation. The
current command vehicle is not scheduled to be replaced until 2005.
I hope this information will be useful to you, the Mayor and City Council Members. Police and
Emergency Management staff are available to meet with you, other staff, and the City Council as
necessary.
C/ Emergency Management Coordinator Ken Southorn
Captain Rick Swanson
Captain James McDonald
6
CITY OF EAGAN
TO: Tom Hedges, City Administrator
FROM: CRAIG JENSEN, FIRE CHIEF
DATE: April 5, 2001
SUBJECT: Replacement Of Aerial Platform Unit 1211
The Fire Department Truck Committee, at my direction, has been looking into the
replacement of the department's aerial platform, which is built on a 1977 Howe chassis
with an 85-foot ladder. This vehicle is 24 years old and is scheduled for replacement in
the 2003 capital improvement budget. Our aerial platform has had some extensive
breakdowns and has become unreliable. It has failed during both training and fires. At
no time have the failures been life threatening, but they have delayed effective fire
fighting tactics. Due to the unreliability of the aerial, it does not respond to calls that
NFPA (National Fire Protection Administration) states it should respond to. These calls
would include industrial fires, school fires, and multi-family housing fires, i.e. apartment
fires.
The aerial, as well as all fire equipment, must pass an annual certification. This unit has
needed extensive repairs performed to assure its passing. The aerial platform has had
or does have hydraulic failures, broken welds on the ladder, wiring problems, corrosion
of outriggers, engine oil leaks, and of course the frame is corroding after 24 years. In
August of 2000, it passed certification for one more year.
The reason I bring this to your attention is the time frame needed to write specifications
and build a new vehicle of this nature. It will take approximately one year in designing
and writing specifications and another year for the construction. The cost factor is also
an issue that needs to be considered. At the present time, the cost of a new aerial
platform is in the neighborhood of $800,000.00 without any equipment, and an additional
$100,000.00 is needed for the equipment. We have been informed by the manufacturer
that these prices will increase about 5% per year. Aerial manufactures have also noted
that our current aerial platform has little or no trade-in value and should be advertised
and/or sold at action.
The Fire Department would like to request approval from City Council to write
specifications and advertise for bids for a new aerial platform this year with a delivery
date of January, 2003. The funding for the aerial platform will also need to be
determined.
Please arrange for this item to be placed on the agenda at a Council workshop or as a
consent agenda item at aregularly-scheduled City Council meeting.
7
Agenda Information Memo
Februan 20, 2001 Eagan City Council Meeting
E. SIGN ORDINANCE
ACTION TO BE CONSIDERED:
To consider sign ordinance regulations (including campaign signs).
FACTS:
> In November 2000, the Council directed the City Attorney's office to research and prepare an
ordinance regulating campaign signage within the City.
> The attorne}•'s research has determined that the City does not have the ability to allow signage in
certain public rights-of-wa}' and not others. Secondly, state law does not allow the Cit} to reeulate
the number or size of campaign signs in areas where said signage is allowed.
> As such, the Cit} Attorney has prepared a draft ordinance amendment that would prohibit the
placement of signage (including campaign signs) within public rights-of-way.
ATTACHMENTS: (2)
Cih Attorney memo. page~QL.
Draft Ordinance Amendment, page ~ throuah~.
S
SE`'ERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
TO: Tom Hedges, City Administrator
FROM: Michael G. Dougherty, City Attorney
DATE: February 13, 2001
RE: Campaign Signs
In November of 2000, the City Council directed our office to research and prepare an ordinance
prohibiting the placement of campaign signs in the city right-of--way except at two designated
locations in the quadrants of the City. The Council's direction was in part based upon an
understanding that the City of Burnsville, while prohibiting signs in its right-of--way, allow s
signage in portions of its right-of--way. In discussions with Burnsville staff, we learned that the
City prohibits signage within its right-of--way; however, annually the staff recommends where
signage may be allowed in portions of certain Burnsville parks. The use of Burnsville parks is
not addressed in any ordinance, but is rather done through a resolution by the Council.
With the above in mind, we have prepared an ordinance amending Chapter 4 of the City Code to
prohibit any signage in the city right-of--way, other than governmental identification signs. The
prohibition of signs is an exercise of the police powers of the City, in order to protect and ensure
the safety of the users of the right-of--way. The rationale to support a ban of signage in the public
right-of--way may be undermined, however, if the Council were to allow signage in designated
right-of--way. Is it safer at the designated intersections than elsewhere in the City?
Additionally, as mentioned in an earlier memo, state law provides that non-commercial signs of
any size may be posted from August 1 in a state general election year until ten days following the
state general election. If the City were to designate quadrants for the location of campaign signs
the City still could not control the size of the signs during the election cycle.
The regulation of signage is clearly a policy issue. The proposed ordinance meets one of the
criteria sought by the Council. The exception the Council sought is difficult to defend as a
necessary police action without specific criteria that would ensure safe conditions at the quadrant
sign locations.
MGD~jIt
9
~~
RA
D p
ORDINA_'~1CE NO. 2ND SERIES ~ ~
~~
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAIv' CITY
CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERivIITS AI~~
REGULATION" BY AMENDING SECTION 4.20, SUBD. 1(c) AND 3 REGARDING SIG?
REGULATIONS A~1D BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER l
AND SECTION 4.99.
The City Council of the City of Eagan does ordain:
Section I .Eagan City Code Chapter Four is hereby amended by adding the following definition
to Section 4.20, Subd.l(C), to read as follows:
9. Governmental sign means any sign placed, erected or maintained bX a governmental
entity or ag~ency for identification of or directions to a public facility or street or for trafl~c
control.
Section 2. Eagan City Code Chapter Four is hereby amended by changing Section 4.20, Subd.
3, to read as follows:
Subd 3 General sign standards.
C. Locatio~r to right-of--way. No sign shall be located nearer than ten
feet from any street-~ or railroad right-of--way, except ems} residential name signs which
are attached to mailboxes, np ~vate lampposts, or the like.
H. Location in right-of--way and public property. No sign, other than governmental si ns.
shall be erectedLplaced or located within any street ri t-of-water upon an~public propertk
No sien shall be affixed to an,~ty pole.
I. Location on private property. No sign shall be erected placed or located upon
private property without the permission of the property owner or the lessee.
Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation"' and Section 4.99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim.
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Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST:
CITY OF EAGAN
City Council
By: Mira McGarvey
Its: Deputy Clerk
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
By: Patricia E. Awada
Its: Mayor
//
SUMMARY OF THE ADVISORY PLANNING COMMISSION WORKSHOP
Eagan Minnesota
April 12, 2001
Senior Planner Ridley explained that the City Council has asked the APC to provide comment
and recommendation on the City's campaign sign regulations particularly location requirements.
Discussion occurred regarding the uniqueness of Eagan allowing signs in public right-of--way
and on public property and the negative affect this "free-for-all" approach has on the community
as a whole.
A consensus of the APC was that the most appropriate location for this signage was on private
property only and members unanimously recommended that campaign signs be prohibited within
public rights-of--way and on public property.
The APC also offered to hold a public hearing concerning the proposed sign regulation changes
if the city Council decided that it would be useful.
iz