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04/20/2004 - City Council Regular r AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING EAGAN ROOM (2 ID FLOOR) April 20, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE if. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS f 4-~ A. EAGAN TEEN ADVISORY BOARD IV. CONSENT AGENDA A. APPROVE MINUTES ' 3 B. PERSONNEL ITEMS rI5 C. CHECK REGISTERS PP CF . ACKNOWLEDGE Award and PROCLAIM May 2, 2004 as Arbor Day and the month of May as Arbor Month E. APPROVE and AUTHORIZE SIGNATURE for Northwest Airlines License Agreement for Arbor Day Planting . APPROVE Heart Healthy Living Program Agreement G. APPROVE Final Payments for Community Center Mai H. APPROVE Temporary Liquor License for the Eagan Foundation for a Wine Tasting Event on May 13, 2004 i I. ADOPT Findings of Fact for Denial for a Conditional Use Permit - Cedarvale Business Center 3 J. RECEIVE Bids/Award Contract 03-12, (TH 13 & Silver Bell Road - Intersection Improvements) K. RECEIVE Feasibility Report, Project 901 (Blue Cross / Blue Shield Well Field Development) 37 L. APPROVE Agreement between Eagan Teen Advisory Board and the Eagan Foundation, Inc. M. APPROVE Final Planned Development and Final Subdivision - Terra Glenn Addition 43 N. APPROVE Amended Resolution to DNR Remediation Grant Application and AUTHORIZE Signature F ( YO. ADOPT the 2004-2005 Eagan Airport Relations Commission Communications Plan F rd P. APPROVE Tobacco License for Al Baker's V. APPOINTMENT OF ADVISORY COMMISSION MEMBERS VI. PUBLIC HEARINGS P6/ A. PROJECT 851 (Town Centre Area - Streets and Access Management) Final Assessment Hearing 06 B. PROJECT 882 (Crestridge Lane - Street Overlay) Final Assessment Hearing VII. OLD BUSINESS VIII. NEW BUSINESS ps? A. PRELIMINARY SUBDIVISION - Wenzel Financial - A Preliminary Subdivision (Schwanz Addition) of approximately 2.57 acres to create four twin homes on property located at 3200 Pilot Knob Road in the SW '/4 of q Section 10. B. INTERIM USE PERMIT - Sowles Properties, L.P. - An Interim Use Permit to allow outdoor storage on Part of Government Lot 2, located at 3045 Highway 13 in the NW '/a of Section 9. ~,II C. ORDINANCE AMENDMENT - City of Eagan - An Ordinance Amendment to modify Chapter 13 Entitled "Subdivision Regulations (Platting)" Chapter 13.40, Subd. 3, regarding Variances, to be consistent with the updated Chapter 11 stated process for Variance requests D. ORDINANCE AMENDMENT - Fire Works Sales Permit fix. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA XI. ECONOMIC DEVELOPMENT AUTHORITY XII. OTHER BUSINESS XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. 1 t l~ MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 16, 2004 SUBJECT: AGENDA INFORMATION FOR APRIL 20, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 20, 2004 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 20, 2004 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Eagan Teen Advisory Board. ACTION TO BE CONSIDERED: This is an update for the City Council on the Teen Advisory Board's (E-TAB) efforts to engage the teen community in activities at the Community Center. FACTS: • E-TAB has been actively meeting and planning for one year. • The Board has developed a vision, mission statement and goals to help them move forward with events and activities for the teen population in Eagan. • E-TAB board members presented a brief overview of their accomplishments and plans with the Advisory Parks Commission at their March 15 meeting CONCERNS: None ATTACHMENTS: General background informationf. 3- W i ' Date: March 15, 2004 Agenda Item: F-1;Recreation Program Update a Colleen Callahan Action Information x City of Eagan Parks and Recreation MEMO Attachments x A-1 E-TAR brochure A-2 Foundation Contract AGENDA ITEM: F-1; EAGAN TEEN ADVISORY BOARD UPDATE TO: ADVISORY PARKS COMMISSION PREPARED BY: COLLEEN J. CALLAHAN, YOUTH DEVELOPMENT COORDINATOR ITEM OVERVIEW: An update of activity by the Eagan Teen Advisory Board. BACKGROUND/HISTORY: The Eagan - Teen Advisory Board, E-TAB is celebrating its one year anniversary. Below is an outline of their vision, mission and goals which they have been diligently working towards. Members from the board will be present to provide the details, stories and answers to questions. Vision Strengthen the community with a teen voice. Mission Statement o To have a place and process that focuses on teens and opportunities for them to make a difference in the community. o To enhance the quality of teen programming by engaging teens in the development process. o To ensure a wide range of recreation activities are offered that provide a safe place for teens to hang out, socialize, engage in self improvement and create a voice in the community. Goals 1. Fund Raising and Service - The teens value having a safe place to be. They have decided they want to be a part of its on-going success by raising funds for staff support and keeping program fees reasonable for teens. With this in mind they are developing programs, writing business letters and grants to accomplish this goal. They are recruiting volunteers and pursuing donations to provide service and offer programs for their peers and the community. 2. Socials - To be involved in the coordination and development of programs 3. "Teen Voice" - Opportunities to present their voice to community groups, the recreation division, commission, and city council. There is currently a full board of thirteen active members from Middle and High school. The board members will have scattered terms with the potential to re-apply. 7 3 The youth board is motivated and eager to make a difference in the community. They are excited to be involved in innovative activities which provide occasions for them and their peers to have a voice and feel like it matters. l 8 I Agenda Information Memo April 20, 2004 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 7, 2004 regular City Council meeting and the April 13, 2004 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 7, 2004 regular City Council meeting are enclosed on pages through /P . • Minutes of the April 13, 2004 special City Council meeting are enclosed on pages through. S MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 7, 2004 A Listening Session was held prior to the regular City Council meeting at 6:30 in the Eagan Room of the Municipal Center. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Wednesday, April 7, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers, Fields, Tilley and Maguire. Councilmember Carlson was out of town. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant to City Administrator Lord, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay: 0 CONSENT AGENDA Items S and V were pulled from the Consent Agenda for discussion. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. AyeA Nay:0 A. Minutes. It was recommended to approve the minutes of the March 16, 2004 regular City Council meeting, the March 31, 2004 special City Council meeting, the March 16, 2004 Board of Adjustments and Appeals meeting, and the March 9, 2004 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Benjamin Koenke and Thomas Weinzettel as Eagan Police Officers contingent upon successful completion of required testing. 2. It was recommended to approve the hiring of Dave Westermayer as an Engineering Technician. 3. It was recommended to approve the hiring of persons to be recommended as Utility maintenance Workers. 4. It was recommended to approve the hiring of Ella Kylo as a seasonal forestry technician. 5. It was recommended to approve the hiring of Jeremy Barrick as a seasonal tree inspector. 6. It was recommended to approve the hiring of Steve Stafford, Brett Sharp, Allen Mestad, Aaron Guetzlaff, Ryan Tesky and Lindsey Taylor as seasonal landscape crew laborers. 7. It was recommended to accept the letter of resignation from Wayne St. Martin, Construction Inspector. 8. It was recommended to accept the letter of resignation from Dispatcher Tony Wrobel. 9. It was recommended to approve the Burnsville Eagan Television staffing allocation as presented to both the Eagan and Burnsville City Councils on March 9, 2004 and to accept the 2004 budget as amended. 10. It was recommended to approve the Policy regarding HIPAA Compliance as required by the Privacy regulations of HIPAA. C. Check Re isg ters. It was recommended to ratify the check registers dated March 18, 2004, March 25, 2004 and April 1, 2004 as presented. D. Day of Prayer. It was recommended to proclaim May 6, 2004 as A Day of Prayer in the City of Eagan. E. Gambling Exempt Permit. It was recommended to adopt a resolution approving a Minnesota Lawful Gambling Exempt Permit for the Eagan Foundation to hold a raffle to be held at the Eagan Community Center on May 13, 2004. F. Tobacco License. It was recommended to approve a License to sell Tobacco Products for Hidalgo Market, Inc. 42, 4130 Blackhawk Road, Suite 108. Eagan City Council Meeting Minutes April 7, 2004 Page 2 G. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance Contractor Licenses for Vertical Perfections Tree Care and Outdoor Specialties. H. Delinquent Utility Bills. It was recommended to schedule a Public Hearing for May 4, 2004 for the purpose of certification of delinquent utility bills to Dakota County for collection with property taxes. I. Delinquent False Alarm Bills. It was recommended to set a public hearing for May 4, 2004 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. J. Premise Permit. It was recommended to approve a Premise Permit for the Eagan Athletic Association to conduct a pull-tab operation at Al Baker's Restaurant. K. Service Station Licenses. It was recommended to authorize staff to discontinue licensing service stations. L. County Road 63 (Baffin Trail Turnback). It was recommended to approve a jurisdictional turnback agreement with Dakota County and Inver Grove Heights for County Road 63 (Baffin Trail) and authorize the Mayor and City Clerk to execute all related agreements. M. Project 806R. It was receive the Final Assessment Roll for Project 806R (Kennerick Addition - Storm Sewer Improvements) and schedule a public hearing to be held on May 4, 2004. N. Project 771. It was recommended to approve a resolution requesting the Minnesota Department of Transportation Commissioner's consideration of a variance to Municipal State Aid (MSA) standards regarding project plans and specification approval and contract award. 0. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on May 4, 2004. P. Ordinance - Security Trailers. It was recommended to approve an ordinance to permit the location of office trailers on residential property for security purposes for State Constitutional Officers. Q. Final Plat. It was recommended to approve a Final Plat (Manley Plaza) to create one lot located at 1850 Plaza Drive. R. Final Subdivision. It was recommended to approve a Final Subdivision to create two commercial lots at 4155 Lexington Way, located on Lot 4, Block 1, Soderholm Addition. S. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway. T. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit for additional outdoor storage requested by Midwest Tile for property described as Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road. U. Ordinance Amendment. It was recommended to authorize the preparation of an ordinance amending City Code Chapter I 1 to require screening of roof top mechanical units for commercial, industrial and multifamily residential buildings and to establish standards for appropriate levels of development site lighting. V. Wireless Fingerprint Identification System. It was recommended to approve a Memo of Understanding between the City of Eagan and Hennepin County for a "Wireless Fingerprint Identification System". W. Seasonal Memberships. It was recommended to approve the $75.00 fee and promotion of a 90 day seasonal membership to the Eagan Community Center. X. Project 906. It was recommended to receive the petition and authorize the preparation of plans and specifications by the City Engineer for Project 906/Contract 04-07 (Lexington Ridge - Street Improvements) NEW BUSINESS CONDITIONAL USE PERMIT - CEDARVALE LANES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow an additional volleyball court in the parking lot April through August at property located at 3883 Cedar Grove Parkway. City Planner Ridley gave a staff report. A brief discussion was held regarding the condition that no alcoholic beverages be served or brought onto the volleyball courts. Eagan City Council Meeting Minutes April 7, 2004 Page 3 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow an additional volley ball court in the parking lot April through August at property located at 3883 Cedar Grove Parkway, subject to the following conditions: Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded at Dakota County Recorder's office within 60 days of its approval by the City Council. 2. A copy of the parking agreement shall be provided to the City prior to release of the Conditional Use Permit. 3. The volleyball courts may be used during May through August each year. The courts shall be removed by Labor Day each year. 4. The volleyball courts shall be in the location shown on the site plan dated 12/12/03. 5. The volleyball courts shall be secured by fencing and other materials as shown in the elevation plans dated 12/12/03, and access to the courts shall be gained only through the main building. 6. All signage shall comply with the City Sign Code requirements. 7. No alcoholic beverages may be served or brought into the volleyball courts or the walkway leading to the courts. 8. A building permit shall be obtained each year prior to construction of the volleyball courts, decking and associated facilities. 9. Site lighting shall be indirect and diffused and lighting shall not be directed upon public rights-of-way or adjacent properties. Light standards shall not exceed 27 feet in height. 10. To ensure access in case of emergency, no parking shall be allowed adjacent to the courts. 11. This Conditional Use Permit shall amend the CUP approved in 1998. PLANNED DEVELOPMENT AMENDMENT - HOME DEPOT City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a garden hoop structure within the seasonal sales area on property located at 3220 Denmark Avenue. City Planner Ridley gave a staff report. Todd Moser, representing Home Depot, described the proposed structure. Councilmembers agreed that the color of the structure should be white. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a garden hoop structure within the seasonal sales area on property located at 3220 Denmark Avenue subject to the following conditions: Aye: 4 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property. 2. The temporary hoop like structure stored in the seasonal sales area is limited from April to mid-July each year. 3. A building permit is required for the hoop structure each year. 4. The temporary hoop structure shall be located as indicated on plans dated February 13, 2004. 5. The approved hoop structure shall only house plants and related gardening items. 6. The material of the hoop structure shall be white. PRELIMINARY SUBDIVISION (PATRICK EAGAN PARK ADDITION) AND REZONING TRUST FOR PUBLIC LAND City Administrator Hedges introduced this item regarding a proposed Preliminary Subdivision of 11 acres to create a two acre parcel and a nine acre outlot, and a rezoning of 2 acres located at 4045 Lexington Avenue. City Planner Ridley gave a staff report and requested that the Final Subdivision for Patrick Eagan Park Addition be considered as well. i Eagan City Council Meeting Minutes April 7, 2004 Page 4 Councilmember Maguire moved, Councilmember Tilley seconded a motion to add consideration of the Final Subdivision for Patrick Eagan Park Addition to the agenda. Aye: 4 Nay: 0 Bob McGillvary, representing Trust for Public Land expressed his opposition to the sanitary and storm sewer trunk charges and subdivision fees. The Council and applicant discussed the fees as being "fair share" fees, not development fees. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Rezoning of 2 acres located at 4045 Lexington Avenue from Agriculture to E, Estate. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Patrick Eagan Park Addition) of 11 acres to create a two acre parcel and a nine acre Outlot on property located at 4045 Lexington Avenue; subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of play approval as adopted by Council on February 2, 1993: A1, B1, 3. 2. The property shall be platted. 3. This development shall dedicate public right-of-way along Lexington Avenue, as determined by the Dakota County Plat Commission. 4. The final plat shall show dedicated right-of-way of 75 feet for Outlot A. 5. To preserve the integrity of the area, a covenant, in a form acceptable to the City Attorney, shall be prepared and recorded against the property that prohibits further subdivision of Lot 1, Block 1. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Final Subdivision (Patrick Eagan Park Addition) of 11 acres to create a two acre parcel and a nine acre Outlot on property located at 4045 Lexington Avenue. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting and immediately convene a meeting of the Economic Development Authority at 7:20 p.m.. Aye: 4 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 7:30 p.m. OTHER BUSINESS RESOLUTION APPROVING THE PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, CEDAR GROVE REDEVELOPMENT DISTRICT JIM COOPER GOODYEAR City Administrator Hedges briefly discussed the proposed Purchase Agreement for the City Acquisition of Property for redevelopment in the Cedar Grove Redevelopment District. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a Resolution Approving the Purchase Agreement for City Acquisition of Property for Redevelopment, Cedar Grove Redevelopment District, Jim Cooper Goodyear, 3999 Cedarvale Drive, and Related Agreements. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:35 p.m. Eagan City Council Meeting Minutes April 7, 2004 Page 5 Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY APRIL 13, 2004 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Community Development Hohenstein, City Planner Ridley, and Communications Director Garrison. 1. ROLL CALL & AGENDA ADOPTION The Mayor called the meeting to order. City Administrator Hedges summarized the agenda and noted that the Sowles were in the audience and, therefore, if it was the Council's desire the Sowles IUP request could be the first item of the agenda. The City Council concurred. Councilmember Tilley moved; Councilmember Fields seconded a motion to adopt the agenda as amended. Aye: 4 Nay: 0 (Councilmember Maguire not present for vote.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. SOWLES IUP REQUEST City Administrator Hedges introduced the item noting that the Sowles Company was previously before the City Council for consideration of a Conditional Use Permit for outdoor storage and the installation of a tower crane on property located at 3045 Sibley Memorial Highway. At that time, the Council expressed concerns regarding the types of outdoor storage to be permitted at different locations on the site and about the long-term impact of having a tower crane located at this site. Hedges continued, noting that the Council gave direction for the preparation of Findings of Fact for Denial of the Conditional Use Permit because of those concerns, but indicated that the concerns might be addressed through consideration of an Interim Use Permit and a discussion at a workshop with the applicant. The City Council discussed the Sowles IUP request and, in particular, their request that the IUP have a term of five years. There was Council consensus that an ]UP for outdoor storage in Sections 6 and 7 of the property be limited to one to two years. The City Council discussed the Council's previous action regarding the tower crane. Director of Community Development Hohenstein clarified that the applicant had previously Special City Council Minutes April 13, 2004 Page 2 of 2 withdrawn the CUP request for the tower crane and instead submitted an IUP to be discussed at a City Council workshop, as the City Council had requested. The Council further discussed the placement of the tower crane. The Mayor noted that the Council had limited time for discussion on this item at tonight's workshop. City Administrator Hedges stated that the Council could further discuss this item at the April 20 meeting, at which time additional background will be provided as to the City Council's previous discussion and action on this item. The Mayor closed the discussion on this item and thanked the Sowles for attending. IV. APPROVAL OF REQUEST FOR PROPOSALS FOR CEDAR GROVE REDEVELOPMENT DISTRICT MASTER DEVELOPER AND AUTHORIZATION FOR DISTRIBUTION City Administrator Hedges introduced the item noting that this item was continued from the April 7 Economic Development Authority meeting to permit all Councilmembers to be present for its consideration. Director of Community Development Hohenstein provided a summary of the RFP and the circumstances leading up to the RFP. The City Council discussed the proposed RFP and provided direction for staff to further clarify that on page 3 of the RFP, the City is looking for partnerships rather than to piecemeal the parcels. The Council also requested that traffic concerns, as noted through the AUAR, be noted earlier in the RFP. Councilmember Tilley moved; Councilmember Fields seconded a motion to approve the request for proposals for the Cedar Grove Redevelopment District Master Developer as modified and authorized distribution of the RFP's. Aye: 5 Nay: 0 V. INTERVIEWS OF ADVISORY COMMISSION APPLICANTS The City Council began the first of the three nights of interviews of Advisory Commission applicants. VI. OTHER BUSINESS There was no other business. VII. ADJOURNMENT The City Council workshop adjourned at 9:45 p.m. i Agenda Information Memo April.20, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Retirement/Police Captain-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Rick Swanson, Police Captain, who will be retiring in September of this year after over 29 years of employment with the City of Eagan. Item 2. Police Dispatchers ACTION TO BE CONSIDERED: To approve the hiring of two persons to be recommended for hire as Police Dispatchers, contingent upon successful completion of the City's required physical, psychological and drug testing. FACTS: ■ Interviews have been held for dispatcher candidates. ■ It would be appropriate for the Council to approve the hiring of persons to be named after they successfully complete the required testing. Item 3. Utility Maintenance Workers— ACTION TO BE CONSIDERED: No formal action is required on this item. The Council is informed that the names of the two persons approved to be hired as Utility Maintenance Workers at the April 7, 2004 City Council meeting are Jay Morgan and Rick Nelson. Item 4. Part-time Seasonal Concessions Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Christopher Buntjer, Deb Buntjer, Melissa Buntjer, Meghan Chappuis, Erik Johnsen, Gabrielle Johnson, Tori Julian, Nick Landauer, Christie Mason, Matthew Mason, Mike Mason, Rachel Nygaard, Jill Petsinger, Alexander Phillips, Austin Phillips, Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Kevin Stevenson and Julie Wavrunek as part-time seasonal concessions workers. Item 5. Preschool Program Coordinator ACTION TO BE CONSIDERED: To approve the change in status of the Preschool Program Coordinator position from Full-time Exempt to Part-Time Non-Exempt. 13 Agenda Information Memo April 20, 2004 Eagan City Council Meeting Item 6. Health Care Savings Plan/Clerical Bargaining Unit ACTION TO BE CONSIDERED: To approve a letter of agreement with the Clerical Bargaining Unit (Teamsters Local 320) to establish provisions for their unit members for a Health Care Savings Plan. FACTS: ■ In 2003, the Council approved the establishment of Health Care Savings Plans (HCSP) by various groups at the City of Eagan. ■ Under Federal law, each group determines the provisions of their individual group plans. ■ The membership of the Clerical Bargaining Unit has approved a HCSP for their group. ■ There is no contribution from the City contained in the plan. ■ The appropriate procedure for City approval of the plan of the Clerical collective bargaining group at this time is a letter of agreement. Item 7. Job Evaluation System ACTION TO BE CONSIDERED: To approve contracting with the firm of Riley, Dettmann & Kelsey to use the RDK Job Evaluation System to perform job evaluations for positions at the City of Eagan during 2004. FACTS: ■ In 1984, the Minnesota State Legislature passed the "Pay Equity" or "Comparable Worth" legislation, a section of which mandated that all political subdivisions, including cities, use a job evaluation system in order to determine the comparable work value of the work performed by each class of its employees. ■ Every jurisdiction is required to use evaluations from whatever system they utilize when filing a mandatory comparable worth report to the State of Minnesota, which the State uses to determine if the City is in compliance with the requirements of the pay equity law. ■ In 1986, the City of Eagan began using the then newly developed Time Spent Profile (TSP) system to evaluate all jobs at the City as required by the new legislation. ■ Currently, that evaluation system is almost 20 years old and management feels it does not adequately address all the changes in job responsibilities over the years, most especially the impact of new technology, equipment and processes. ■ Depending on current actions of the legislature, the City could be required to submit their next pay equity report to the State as early as 2005. ■ Staff researched the various job evaluation systems currently in use at other municipalities to determine what systems are in use and the pros and cons of each. ■ It is the recommendation of the senior management team that the City contract with the firm of Riley, Dettmann & Kelsey to use the RDK Job Evaluation System to perform job evaluations for positions at the City of Eagan during 2004, prior to any new report to the State. ■ There is money in the budget for this contract. ■ At its meeting on Thursday, April 15, the Personnel Committee of the City Council approved recommending the utilization of the new system to the Council as a whole. Agenda Information Memo April 20, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 8, 2004 and April 15, 2004 as presented. ATTACHMENTS: • Check registers dated April 8, 2004 and April 15, 2004 are enclosed without page number. Agenda Information Memo April 20, 2003 Eagan City Council Meeting Consent Agenda D. ACKNOWLEDGE AWARD AND PROCLAIM MAY 2, 2004 AS ARBOR DAY AND THE MONTH OF MAY AS ARBOR MONTH ACTION TO BE CONSIDERED: To acknowledge Eagan as the recipient of the 2003 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 1 as Arbor Day and May, 2004 as Arbor Month in the City of Eagan. FACTS • Eagan has received the Tree City USA community designation from the National Arbor Day Foundation for the sixteenth consecutive year. Each year the Parks and Recreation Department conducts an Arbor Day program which includes participation in a tree planting project. This year the 17th annual event will be held at Central Park. • Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. • To become a Tree City, a community must meet four standards: a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. • Eagan has demonstrated progress in the following forestry activities: Publications, parks and open space, and improved ordinance. • The resolution was recommended for adoption by the Advisory Parks and Recreation Commission. • Receiving these awards acknowledges the City's efforts to minimize environmental impact during developments, and adhere to policies such as "Forever Green," aimed to maintain and enhance Eagan's trees and foliage. Scheduled Arbor Day activities include: 9:00 -9:20 Public arrival / social hour 9:20 - 9:30 Welcome and sharing of the Arbor Day schedule by City staff 9:30 - 10:30 Educational Tours - Grandfather Tree - Woodland and Wetland Restoration - Site Landscaping 10:45 - 11-45 Installation of trees, shrubs and perennials in the north grounds area 11:45 - 12:15 Announcement of the 2005 Arbor day poster contest winner 12:15 - 1:00 Lunch served (outdoor grilled lunch prepared by City staff) ATTACHMENTS: • Eagan Arbor Day and Eagan Arbor Month resolution on page • 18tn annual Arbor Day Celebration flyer on page. /v CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the State of Minnesota and City of Eagan - purifying our air and water, helping conserve our soil, serving as a recreational settings, providing habitat for wildlife for all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of out City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, The City of Eagan has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1988 and desires to continue its tree-planting programs; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, May 1, 2004 to be ARBOR DAY and the month of May, 2004 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Deputy Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, M. McGarvey, Deputy City 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 16'h day of April, 2004. Deputy Clerk 17 44 City of Eagan Tree City, USA 18th ANNUAL ARBOR DAY CELEBRATION TO BE HELD AT THE EAGAN COMMUNITY CENTER SATURDAY - May 1, 2004 Dear Resident, Celebrate Arbor Day! You are invited to join with the City of Eagan as we celebrate Arbor Day on Saturday, May 1 St 2004 at the Eagan Community Center. (Turn left off Pilot Knob, just north of Yankee Doodle Road). Arbor Day has been celebrated in Eagan since 1987, and was established nationally to emphasize the importance of trees and community reforestation. Scheduled activities include: 9:00 -9:20 Public arrival / social hour 9:20 - 9:30 Welcome and sharing of the Arbor Day schedule by City staff 9:30 -10:30 Educational Tours - - Grandfather Tree - Woodland and Wetland Restoration - Site Landscaping 10:45 - 11-45 Installation of trees, shrubs and perennials in the north grounds area 11:45 - 12:15 Announcement of the 2005 Arbor day poster contest winner 12:15 - 1:00 Lunch served (outdoor grilled lunch prepared by City staff) For further information or to volunteer for planting, please contact the Parks Maintenance office at (651) 675-5300. It is requested that you register for this event so we can ensure sufficient amounts of food for the picnic lunch. Thank you. Paul Olson Gregg Hove Superintendent of Parks Supervisor of Forester See you there! I: Wrbor day'arbor day invite2004 Agenda Memo April 20, 2004 Eagan City Council Meeting Consent Agendax E APPROVE AND AUTHORIZE SIGNATURE FOR NORTHWEST AIRLINES LICENSE AGREEMENT FOR ARBOR DAY PLANTING ACTION TO BE CONSIDERED: Authorize the Mayor to sign a License Agreement with Northwest Airlines allowing installation of plant materials by the City on a portion of NWA property as part of the annual Arbor Day celebration. FACTS: • The annual City Arbor Day celebration is scheduled to take place in Central Park on Saturday, May 1 2004 • This planting site will be along the north border of the City property, abutting property owned by NWA • To accomplish the goal of providing a backdrop to the bandshell area, staff has determined that it will be necessary to utilize a small portion of NWA property. • The plantings are consistent with the overall plan for the site. • Staff has met with representatives of NWA who are supportive of the effort, pending approval of a License Agreement covering use of the property and maintenance of the planting • The agreement has been submitted to the City Attorney for review. It will be forwarded to the Mayor for signature upon approval of the City Attorney. • The date of receipt of the agreement and the approaching date of Arbor Day, did not allow for inclusion on the consent agreement nor the May 4 agenda ATTACHMENTS: • None Agenda Information Memo April 20, 2004 City Council Meeting CONSENT AGENDA F APPROVE HEART HEALTHY LIVING PROGRAM AGREEMENT FOR EAGAN COMMUNITY CENTER FOR COUNCIL ACTION: To approve an agreement between the Eagan Community Center and Heart Health Living, P.A. to provide cardiac rehabilitation maintenance program services and direct the Mayor and City Clerk to sign the agreement document. FACTS: • Heart Healthy Living, P.A. (HHL) is an independent contract service that offers Phase III/IV Cardiac Rehabilitation Maintenance Program services. • HHL wishes to contract the use of the Eagan Community Center's exercise studio, walking track, exercise equipment, conference room and locker rooms Monday, Wednesday and Friday from 11:00 a.m. - 12:15 p.m. for HHL clients and staff. • HHL agrees to pay the City 20% of all revenue gained by client program participation fees, which will be confirmed by monthly attendance sheets. • A six-month review will be conducted by the City and HHL to evaluate fee structure and commissions. • HHL will provide general liability insurance at $1,000,000 per occurrence and $1,000,000 per year as well and Professional Liability at $1,000 per occurrence and $1,000,000 per year. ATTACHMENTS: Copy of agreement.,Pao 9;L 5. C~) V i Phase M(IV Cardiac Rehabilitation Program Services Agreement Between Eagan Community Center and Heart Healthy Living, PJL This Phase IIUIV Cardiac Rehabilitation Program Services Agreement ("Agreement") is made this day of , 2004 by and between the City of Eagan ("City") and Heart Healthy Living, P.A_, 120 Choctaw Circle, Chanhassen, Minnesota 55317 to be valid though December 31, 2004 (hereinafter the "Parties"). RECITALS WHEREAS, Heart Healthy Living, PA (HIM) is an independent contract service that offers Phase IMW Cardiac Rehabilitation Maintenance Program (Phase MV Program) services; WI~REAS, the City's Community Center offers as part of its service to the community, a fitness facility to promote community health and fitness; WHEREAS, it is the desire of the HHL and the City's Community Center to have a contractual agreement whereby HHL operates a Phase E UIV Program with classes at mutually agreeable times, providing staff and specialized cardiac equipment using guidelines provided by the American Association of Cardiovascular and Pulmonary Rehabilitation (AACVPR). The City's Community Center will provide facility based support stall general exercise facilities, studio, exercise equipment and maintenance of this equipment; WI~REAS$ HI-IL and the City are independent contractors, not employer and employee or principal and agent; WHEREAS, HHL desires to use the facility and the City is willing to provide HHL access to an exercise studio, walking track, exercise equipment, conference room (Monday, Wednesday and Friday from 11:00-12:1 5pm) and locker rooms for HHL clients and staf, subject to terms and conditions of this Agreement; WHEREAS, UHL clients will be participants of the Heart Healthy Living Exercise Classes, a Phase MAV Cardiac Rehabilitation Program directed by Lorene Brown MS, RN, CNS. NOW, WHEREFORE, in consideration of mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Sectioul: Heart Healthy Living, PA. Obligations • HHL will manage and operate a Phase MV Program within the guidelines for community based cardiac rehabilitation provided by AACVPR, with classes at mutually agreeable times. C/ • MIL will provide Phase MV Program staff that meets the minimum qualifications outlined by the AACVPR guidelines for community based maintenance cardiac rehabilitation- & HHL will provide cardiac arrest emergency equipment; defibrillator (if no AED is available at the City's Community Center), oxygen, medications, blood pressure cuffs, stethoscopes and other disposable supplies. Emergency equipment and supplies will be for use only by BBL staff and are not available for public use. • HIM will provide maintenance and replacement of emergency equipment and supplies. • HHL and the City will jointly market the Phase HM Program to physicians, health care services and members of the community. • BBL will provide program brochures. • Holidays and cancellations due to weather, inadequate staffing or other reason will be at the discretion of the Program Director. • HHL will provide a list of clients enrolled in the program on a monthly basis for class check-in upon their arrival and comply with security measures directed by the City. Section 2; City's Community Center Obligations • The City will provide an appointed member of the management team to confer with in program development and evaluation with the BBL Program Director. • Upon request by HHL, the City shall provide appropriate orientation to HHL staff with respect to operating procedures and emergency procedures. • The City will provide access to exercise areas and equipment necessary for the Phase EWW Program during specified class times, daily locker service preceding and following the Phase MV program class time without additional charge to the clients. • The City will provide HHL staff access to and use of the facility within the City's Community Center's scheduled hours of operation without charge. • The City shall provide locked, overnight storage space for HHL emergency equipment, client files and HHL's fitness equipment (55-70 degrees F). Access to this equipment shall be gained by the fitness staff on duty. • The City shall provide basic janitorial services. • The City and HHL will jointly market the Phase EWIV Program to physicians, health care services and members of the community. 2 a~. • The City will provide the HHL programs in quarterly program schedules and other promotional materials. • The City shall provide HER., its clients and staff use of a performance studio, walking track, exercise equipment, meeting room and locker rooms during the hours of 11:00- 12:15 p.m. on Monday, Wednesday and Friday and use of the locker room preceding and following HHL class time. Clients will not have access to the facility without membership at any other times without prior mutual agreement. Section 3: Discrimination • HER. and the City will comply with all laws regarding discrimination on the basis of race, religion, creed, sex or national origin in the provision of services as well as corresponding policies and practices of the City and HER, regarding these and other forms of discrimination such as age, sexual orientation and or physical or mental ability. Section 4: Indemnity and Liability • Indemnity Obligations of HHL: BBL shall defend, hold harmless and indemnify the City's Community Center and the City of Eagan against any and all claims, liabilities, damages or judgments asserted against, imposed upon or incurred by the City which may arise out of any services provided or to be provided by HHL under this Agreement or the malpractice or negligence of HER., its advisory board, director or its staff in discharge of its or their professional responsibilities to a participant of the Phase IIUIV Program under this Agreement. • General Liability of HER,: HELL agrees to provide general liability insurance at $1,000,000 for each occurrence and $1,000,000 per year. BBL will provide a certificate of insurance evidencing this coverage. • Professional Liability of HER,: Each RN and Cardiac Rehabilitation Therapist (Exercise Physiologist, Occupational Therapist, Exercise Specialist or Physical Therapist) providing services for the Phase HM Program, including the Program Director will be required to carry professional liability insurance at $1,000,000 for each occurrence and $1,000,000 per year. Each program staff member will be required to provide a certificate of insurance evidencing this coverage to the program director. 3 o?3 Section 5: Billing and Fees • BBL agrees to manage the billing and collection of monies from program participants and their spousestsignificant others. • Each participant (resident or non-resident of Eagan) will be charged a monthly fee of $85.00 for Phase EWIV program participation. Participants need not hold a membership to the City's Community Center. • The first calendar month of their enrollment, an initial interview charge of $85.00 will be billed, by HHL, to the participant. All subsequent classes within in first calendar month of their participation will be free. • Each non-member spouse or significant other will be charged a monthly fee of $35.00. • HHL agrees to pay the City 201/9 of all revenue gained by client program participation fees, paid to the City on a monthly basis. MIL will provide the monthly attendance sheet, listing clients and spouses/significant others who have attended to verify the 20% revenue. • Payment is to be paid to the City at the Eagan Community Center by the 15'' of each month. • A six-month review will be conducted by the City and H BL to evaluate fee structure and commissions. Section 6: Relationship of the Parties HHL acknowledges the separateness of their respective organizations and undertakings and that the relationship between them is that of independent parties who are contracting with each other solely for the purpose of making available HIM Phase HWV Cardiac Rehabilitation Services on the premises of the City's Community Center. None of the provisions of this Agreement is intended to create nor shall be deemed or construed to create any other relationship between them, nor shall any of their respective employees, agents of representatives be construed or deemed to be employees, agents or representatives of the other. Section 7: Miscellaneous Provisions • The services performed by either party are not to be assigned or transferred without prior written approval of the other party. • This Agreement constitutes the entire agreement between the parties and shall not be amended or altered except by written memorandum executed by the parties. 4 a~ • The Parties will endeavor to prepare a new agreement each year. If either parry chooses to cancel or terminate agreement at any time, with or without cause, they reserve the right to do so. Provided, the canceling agency must submit a thirty (30) day written notice of intention to terminate the Agreement. Notice should be sent via U. S. mail to the following: City of Eagan Attn: Maria Petersen, Clerk 3830 Pilot Knob Road Eagan, MN 55122 Heart Healthy Living, P.A. Attn: Lorene Brown, President 120 Choctaw Circle Chanhassen, MN 55317 • In the event that the annual agreement is not updated and signed by the expiration date of the former agreement, the former agreement will continue in its entirety until a new agreement has been signed, or until written intent to terminate the agreement has been received by the other agency. In witness thereof the parties hereto to have executed this Agreement the day and year first above written. City of Eagan, a Minnesota municipal Heart Healthy Living, PJL, a Minnesota Municipal corporation corpora ' n _ By: By: Pat Geagan Lorene Brown US., RN., C.N. S. Its: Mayor Its: President By: Maria Petersen Its: Clerk 5 42 S,- Agenda Information Memo April 20, 2004 Eagan City Council Meeting CONSENT AGENDA G. APPROVE FINAL PAYMENT - COMMUNITY CENTER CONTRACTS ACTION TO BE CONSIDERED: To approve final payment for contracts completed for the Community Center project. FACTS: • Several contracts have been completed and final payments have been requested. • The following contracts have been reviewed by the Construction Management firm and staff to verify that their work has been substantially completed. #4 Hollenbeck & Nelson #5 Hawk & Sons, Inc. 96/8 Bens Tools #9 Kellington Construction #11 Minuti Ogle #15 Seal-Treat #17 Architectural & Construction Services #19 Grazinni #22/23/26 Anderson Ladd #24 Re-Source Minnesota #27 H & B #29 Landmark • There are 12 contracts that have not received final payment to date and are still open. It is expected that those contracts will be finalized within the next 30 days. CONCERNS: None ATTACHMENTS: None a6 Agenda Information Memo April 20, 2004 H. APPROVE TEMPORARY LIQUOR LICENSE FOR THE EAGAN FOUNDATION FOR A WINE TASTING EVENT ON MAY 13, 2004 ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Eagan Foundation, or To approve the temporary on-sale liquor license for the Eagan Foundation and waive the $150.00 license fee. FACTS: • The Eagan Foundation has requested a temporary on-sale liquor license be issued to them for a wine tasting event planned for May 13, 2004. The charitable event is being held to raise funds for the various projects of the Eagan Foundation. • The application form has been submitted and deemed in order by staff. In the past, the Eagan Foundation has requested that the $150.00 license fee be waived. This year, due to concern regarding budgetary constraints faced by the City, the Foundation submitted the $150.00 fee. If the Council so desires to waive the $150.00 license fee, they should take the appropriate action. • Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. Agenda Information Memo April 20, 2004 Eagan City Council Meeting 1. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - CEDARVALE BUSINESS CENTER ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway. FACTS: ➢ At the applicant's request, the City Council continued action on this item at its regular meetings of March 16 and April 7, 2004. ➢ Staff met with the applicant's attorney on March 18, 2004 to discuss the City Council's position and possible solutions. The applicant and staff have been negotiating a settlement for the City Council to consider. ➢ At its regular meeting of March 1, 2004, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Conditional Use Permit and setback Variance requested by Realty Designs, Inc. to be considered at the March 16, 2004 regular Council meeting. ➢ The matter was before the City Council on December 1 and 18, 2003, January 6, 2004, March 1, and March 16, 2004. ➢ The CUP and Variance request was heard by the Advisory Planning Commission on November 25, 2003. ATTACHMENTS: (1) Findings of Fact, Conclusions & Resolution of Denial, page through 33. a~ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Realty Designs, Inc. FINDINGS OF FACT, for a Conditional Use Permit and Variance to CONCLUSIONS AND Erect a Pylon Sign at the Cedarvale Business RESOLUTION Center This matter came before the Eagan City Council at its meetings of December 1 and 18, 2003, January b, 2004 and March 1, 2004. The Council received and considered the November 14, 2003, Planning Report; input from City staff, minutes of the public hearing held by the Advisory Planning Commission on November 25, 2003; together with all existing files, records and prior proceedings and material as presented to the Council. Representatives of the landowner appeared at the public hearing held by the Advisory Planning Commission or at the meetings of the City Council. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Realty Designs, Inc. (the "Applicant") for a Conditional Use Permit to erect a pylon sign at 3902 - 3938 Cedar Grove Parkway (the "Property") and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign (the "Project") is properly brought before the Eagan City Council. 2. The property is legally described as being a part of Lot 1, Block 1, Stryker Addition, and over, across and upon Lot 1, abutting Cedar Grove Parkway, is a ten foot drainage and utility easement dedicated to the public on the plat of Stryker Addition (the "Easement"). 3. The Property is owned by Cedarvale Business Center and is designated SA, Special Area within the City's Comprehensive Guide Plan Land Use and is zoned CSC, Community Shopping Center. 4. The Property is developed with a mixed use, there are commercial uses on the ground level and apartments above. There exists a parking lot in front of the building along Cedar Grove Parkway, that is owned by Cedarvale Business Center, while an additional parking area to the rear of the building is owned by Cedarvale Highlands Apartments. 5. There currently exists a monument sign in front of the building, that is located in the public right of way for Cedar Grove Parkway. The monument sign is approximately in the middle of the lot between the east and west property lines for the Property. 6. A portion of the parking lot located along Cedar Grove Parkway extends into the dedicated Easements. 7. The Applicant's project includes the removal of the existing monument sign and the placement of a pylon sign near the same location. 8. Applicant's proposed sign would be located within the Easement. 9. The Applicant intends to provide a sign panel for each of the tenants located within the business center. 10. Section 11.70, subd. 28(3)(a) defines a business sign as any sign upon which there is any name or designation that has as its purpose business identification. 11. Section 11.0, subd. 28(c)(3) provides: "no business sign shall be located nearer than ten feet from any property or dividing line. 12. Applicant's proposed sign does not satisfy the minimum ten foot setback and therefore, a variance has been requested. 30 13. Section 11.40, subd. 8 prohibits the location of any structure in or on any public lands or right of way without approval by the City Council. 14. Section 11.30 of the City Code defines a public right of way as: "the entire area dedicated to public use or contained in an easement or other conveyance or grant to the state, county or city..." 15. Section 11.50 of the City Code provides the evaluation criteria for the issuance of a conditional use permit, and includes that such permit shall issue only if the council finds that the use at the location will be harmonious with the objectives of the comprehensive plan and code provisions. 16. Section 11.50, subd. 3, of the City Code sets forth the requirements for the Council to consider in the review of an application for a variance. 17. The Advisory Planning Commission recommended approval of the conditional use permit and variance, subject to conditions as found in the Minutes of November 25, 2003. 18. The Advisory Planning Commission's recommendation stated that the drainage and utility easement must be vacated prior to the issuance of the conditional use permit and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. Under Section 11.50, subd. 3, the Council shall consider the following factors in its review of an application for a variance: a. Exceptional or extraordinary circumstances apply to the Property which do not apply generally to other properties in the same vicinity and result from lot size or shape, topography or other circumstances of which the owners of the Property have no control. 31 b. The literal interpretations of the provisions of this Code would deprive the Applicant proper use, commonly enjoyed by other properties in the same district. C. Special conditions or circumstances do not result from actions of the Applicant. d. The granting of the variance will not confer on the Applicant any special privilege that is denied by this ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. 3. The Applicant's narrative submitted in connection with the variance application states that they are asking to place the sign at the curb line because: "this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign." 4. Section 11.50, subd. 3 of the City Code states that the purpose for variances is to relax a strict application of the Code where practical difficulties or particular hardships result in carrying out the letter of the regulations. 5. The Applicant has failed to establish a hardship that would result from the placement of the sign in accordance with City ordinances. 6. Locating the sign on the Applicant's Property in conformance with City ordinances would not result in the removal of any significant vegetation, nor impact existing trees on the Property. 7. Enforcement of the City's regulations would not deprive the applicant of the enjoyment of any right held by other properties in the same district; however, the granting of a variance would confer the Applicant with a special privilege of having a structure in a City easement, a privilege not enjoyed by other owners of property in the same district. 8. The Property retains a viable use in its existing condition with a sign that meets City standards. 30. i RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for a Conditional Use Permit and Variance is hereby denied. Dated at Eagan, Minnesota this day of , 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk 33 Agenda Memo April 20, 2004 J. CONTRACT 03-12, TH 13 & SILVER BELL ROAD INTERSECTION IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 03-12 (TH 13 & Silver Bell Road - Intersection Improvements) and award the contract to Eureka Construction, for the Base Bid in the amount of $612,768.89, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-12 provides for the reconfiguration of the intersection of Silver Bell Road and TH 13, including traffic and access management improvements providing benefit to the operation of TH 13 as requested by MnDOT. • On February 6, 2001, the City Council approved Project 800R, the reconfiguration of Silver Bell Road, from Trunk Highway (TH) 13 to Cedar Grove Parkway, and authorized the preparation of final plans and specifications. Due to the lack of approved state funding for the addition of dual left-turn lanes on north and southbound TH 13 at Silver Bell Road, this portion of the originally proposed improvements was not included in the final plans. • On August 4, 2003, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 03-12. • On September 2, formal bids were rejected for this contract since the low bid received was about 25% more than the Engineer's Estimate. Fall bidding often encounters higher prices due to the lack of available contractors. The City Council authorized rebidding the plans and specifications in the spring of 2004. • On February 17, 2004, formal bids were rejected for this contract since the low bid was below the Engineer's Estimate and contained errors and irregularities. The City Council again authorized rebidding the plans and specifications. • At 10:00 a.m. on April 15, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Eureka Construction has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENT: • Bid Summary, page, 3~1 i 04/16/2004 10:18 FAX 7634752429 SRF CONSULTING GROUP Q002 I I I TH 13 and Silver Bell Road Intersection Improvements City of Eagan Project No. 880 City Contract No.; 03-12 Bid Date: April 15, 2004 Bid Time: 10:00 AM Contractor Total Base Bid 1. Eureka Construction, Inc. $612,768.89 2. Hardrives, Inc. $614,417.51 3. Park Construction Co. $615,793.14 4. Midwest Asphalt, Inc. $667,695.45 5. Northwest Asphalt, inc. (a) $673,454.26 6. McNamara Contracting, Inc. $698,392.20 i 7. Bituminous Roadways, Inc. $765,990.35 Preliminary Engineer's Estimate (Municipal Agreement Application) $652,585.14 % Over Under Preliminary Engineer's Estimate Engineer's Estimate $609,754.50 % Over Under Engineer's Estimate +0.5% Notes: (a) Contractor's bid proposal contained errors. ~ 35 Agenda Memo April 20, 2004 K. PROJECT 901, BLUE CROSS/ BLUE SHIELD WELL FIELD DEVELOPMENT ACTION TO BE CONSIDERED: Receive the Feasibility Report for Project 901 (Blue Cross/ Blue Shield Well Field Development) FACTS: • On November 6, 2003 the City Council directed Barr Engineering to prepare a feasibility report considering the phasing of the North Well Field development within the Blue Cross Blue Shield (BCBSM) property and a proposed alignment for the related raw water transmission main through the pending Terra Glen development by Lundgren Bros. • Two wells within the North Well Field are currently programmed for 2007 in the City's current 5-year CIP (2004-2008). This report identifies the location of these wells and the costs associated with the completion of this portion of the north well field. • This Feasibility Report has been completed and is being presented to the Council for general information. Future well development projects will be initiated under their respective project and/or contract numbers as needed. ATTACHMENTS: • Feasibility Report, attached without page numbers. i Agenda Information Memo April 20, 2004 Eagan City Council Meeting CONSENT AGENDA L APPROVE AGREEMENT BETWEEN EAGAN TEEN ADVISORY BOARD AND THE EAGAN FONDATION, INC. ACTION TO BE CONSIDERED: To approve an agreement between the City of Eagan on behalf of the Eagan Teen Advisory Board and the Eagan Foundation, Inc. to allow the Eagan Foundation to serve as fiscal sponsor for the Eagan Teen Advisory Board and direct the Mayor and City Clerk to sign the agreement document. FACTS: • The Eagan Teen Advisory Board (E-TAB) has been attempting to acquire donations and raise funds to help support and subsidize teen activities at the Eagan Community Center. • Because most businesses and foundations contribute to 501 (c)(3) organizations exclusively, E-TAB was challenged to find a way to work through this issue. • E-TAB members set out to find a partner and prepared a presentation to the Eagan Healthy Community Imitative (EHCI) to solicit their help. EHCI then referred E- TAB to the Eagan Foundation. • After meeting with the Board, the Eagan Foundation, which is a Minnesota nonprofit 501 (c) (3) corporation agreed to act as the fiscal sponsor for the Eagan Teen Advisory Board (E-TAB) • The Foundation will act as the fiduciary agent for E-TAB to acquire donations and funds through requests, grant writing and service projects. • E-TAB will set annual priorities and goals for their fundraising efforts and will work with the Eagan Foundation to meet all the requirements for their fundraising efforts. ATTACHMENTS: ? T D Copy of agreement, pg 3~ ;Y ° C / / / / BRINGING NEIGHBORS TOGETHER FISCAL SPONSORSHIP AGREEMENT This Fiscal Sponsorship Agreement is made and entered into effective as of the 2& day of April, 2004 by -and between The City of Eagan on behalf of The Eagan Teen Advisory Board, an unincorporated organization formed for the purpose of promoting the welfare of teens in the City of Eagan, and The Eagan Foundation Incorporated, P. O. Box 211192, Eagan, MN 55121, a Minnesota nonprofit corporation exempt from federal income tax pursuant to Internal Revenue Code Section 501(c)(3) ("Section 501(c)(3)") to set forth the terms and conditions upon which The Eagan Foundation ("Foundation") agrees to serve as fiscal sponsor for The Eagan Teen Advisory Board ("Eagan TAB"). Eagan TAB and Foundation agree that the following terms and conditions shall govern. 1. Eagan TAB will perform its activities pursuant to such mission and objective statements which have been submitted in writing to and approved by Foundation from time to time until at such time this Agreement is terminated. 2. Foundation will administer a separate checking account for Eagan TAB. All invoices for payment from this account must be approved in writing by the Youth Development Coordinator for the City of Eagan. All checks will be written by the Foundation Executive Director and signed by a Foundation officer. 3. While serving as the fiscal sponsor for Eagan TAB, Foundation will: a. Receive grants, contributions, gifts and other revenue to be used by Eagan TAB, and make those funds available to Eagan TAB; b. Report all monies received for Eagan TAB's activities as contributions to Foundation as required by law, on Foundation's annual IRS Form 990 and otherwise; c. Acknowledge receipt of any grants, contributions, and gifts in writing as required by law; d. Furnish evidence of its status as an exempt organization under Section 501(c)(3) to any donor upon request; The Eagan Foundation Incorporated P. Box 211192 • Eagan, MN 55121 I 3 e. Exercise expenditure responsibility in disbursing any funds received by Foundation for Eagan TAB's activities to ensure that such funds are expended solely for tax-exempt purposes pursuant to Section 501(c)(3); f. Maintain books and financial records for Eagan TAB's activities in accordance with generally acceptable accounting principles; a. Provide Eagan TAB with quarterly reports detailing all funds received and expended; g. Maintain all documentation of financial transactions for a five-year period, and provide access of same to Eagan TAB; h. Report all disbursements of funds for Eagan TAB's activities on Foundation's annual IRS Form 990; i. Not solicit Eagan TAB's individual donors on Foundation's behalf unless a prior relationship exists between the donor and Foundation or one of its board directors, without the prior approval of Eagan TAB. 4. For all activities undertaken through the fiscal sponsorship of Eagan TAB, Eagan TAB will: a. Designate a steering committee or its equivalent, and a designated authorized person to be responsible for its relationship with Foundation; b. Ensure that its activities comport with exempt purposes under Section 501(c)(3) and will not jeopardize the exempt status of Foundation; c. Obtain Foundation written approval for any changes in its charitable mission and objectives; d. Provide Foundation with an annual narrative report on its program activities; e. Obtain Foundation approval as to all grants submitted and solicitations pending; and f. Accede to Foundation 10 % of all receipts or contributions, not to include monies raised through labor or work, to cover administrative costs incurred by Foundation in performing its obligations under this Agreement. 5. Termination. Either party may terminate this Agreement by giving at least sixty (60) days prior written notice to the other party. a. If the activities of Eagan TAB do not continue to exist after termination of this Agreement, Foundation will retain all funds and will allocate them in a manner consistent with applicable charitable organization and other law, and any grant .source agreement. b. If the activities of the Eagan TAB will continue to exist after termination of this Agreement, another organization recognized as exempt under Section 501(c)(3) and not a private foundation under Section 509(a) (which may include a newly formed exempt organization) will become responsible for the activities of Eagan TAB, upon written approval of both parties and after execution of all necessary documentation as may be required by applicable charitable organization and other law, and any grant source agreement. 37 For The Eagan Foundation, Incorporated: Sign Name: Print Name and Title Barbara Blumer. Vice Chair Date: For the Eagan Teen Advisory Board Sign Name: Print Name and Title: Mayor Pat GeaganDate: Maria Peterson, City Clerk Date: Agenda Information Memo April 20, 2004 Eagan City Council Meeting M. A FINAL SUBDVISION AND FINAL PLANNED DEVELOPMENT TERRA GLENN ADDITION (PHASE I) - LUNDGREN BROS. ACTIONS TO BE CONSIDERED: To approve a Final Subdivision to create 35 single family lots (Terra Glenn Addition) and outlots on property east of Blue Cross Blue Shield, South of Yankee Doodle Road west of the City of Eagan Maintenance Facility in the NW %4 of Section 16. To approve a Final Planned Development Agreement for the single family portion of the Terra Glenn Addition on property east of Blue Cross Blue Shield. South of Yankee Doodle Road west of the City of Eagan Maintenance Facility in the NW 1/4 of Section 16. REQUIRED VOTE FOR APPROVAL • Majority FACTS: • On December 16, 2003 the City Council approved a Preliminary Subdivision (Terra Glenn) to create 54 single family lots and 24 townhome units. • The Preliminary Planned Development was approved with Blue Cross Blue Shields Master Plan, and is being developed accordingly. • This development is being platted in phases, this is phase one which only includes 35 single family lots. The outots will be platted at a later date. The Final Planned Development Agreement pertains to all 54 single family lots. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Subdivision on page `P 9 , L c `qy .yo 4"90 de \ \ Yo ~ ~ y, y Ll. - - - - - - vj, r a Agenda Memo April 20, 2004 Eagan City Council Meeting Consent Agenda N. APPROVE AMENDED RESOLUTION TO DNR REMEDIATION GRANT APPLICATION AND AUTHORIZE SIGNATURE ACTION TO BE CONSIDERED: Approve amended DNR Remediation Grant Application and Authorize Signature for Submission FACTS: • During a site visit to the Caponi property, a representative from the DNR Remediation Grant Program pointed out some additional language that needed to be included in the Local Government Resolution. • The DNR will accept the revised resolution in place of the original one submitted with the remediation grant application. • The omitted language states that if, upon award, the land is used for anything other than what was specified in the grant, the City would be required to reimburse the State. • This does not significantly change the content of the original resolution signed by Council on 3-31-04, especially since there has been no discussion of changing the use at Caponi Art Park, should the City acquire the project parcels. ATTACHMENTS: • None v Agenda Memo April 20, 2004 City Council Meeting CONSENT AGENDA: 0. ADOPT the 2004-2005 Eagan Airport Relations Commission Communications Plan ACTION TO BE CONSIDERED: To adopt the 2004-2005 Eagan Airport Relations Commission Communications Plan FACTS: • At the November 12, 2003 joint meeting of the City Council and the Airport Relations Commission (ARC), the Council requested that the ARC formulate a two-year communications plan to address, in particular, the opening of the new North/South Runway in 2005. • The Council asked that the communications plan be prepared and presented to the City Council by May of 2004. • The Commission discussed and prepared the communication plan during January- March of 2004. • Communications Director reviewed the Communications Plan, and offered his input and recommendations. • The Communications Plan was included in the April 9, 2004 Additional Information memo for the City Council's review. It was noted in the memo that the plan would be included as a consent agenda item at an upcoming Council meeting. • Having received no Council feedback on the communications plan as of Friday, April 16, the communications plan is included on the consent agenda for formal consideration. ATTACHMENTS: I • Enclosed on pages througb4ois the 2004-2005 Eagan Airport Relations Commission Communications Plan. i E8180 All ori b1olloos ~ Commission Communications Plan i dtv of aagan L s 2004-2005 Eagan Airport Relations Commission Communications Plan The 2004-2005 Eagan Airport Relations Commission Communications plan includes the following subject areas: Table of Contents 1. Charge of the Eagan Airport Relations Commission (ARC)-Page 2 II. Purpose/Origin of the ARC's 2004-2005 Communications Plan-Page 2 III. ARC Communications Subcommittees-Pages 2-4 • ARC Notebook • Cable Television • Experience Eagan Newsletter IV. City Web Site-Pages 4 V. Other Communication Initiatives-Page 4-5 VI. Noise Oversight Committee-Page 5 VII. Appendices-Pages 6-14 • Appendix A-ARC Notebook (1968-2000) Table of Contents • Appendix B-ARC Notebook (2001-2005) Table of Contents 1 i 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan 1. Charge of the Eagan Airport Relations Commission (ARC) The City of Eagan has an active Airport Relations Commission (ARC) that serves as an advisory body to the Eagan City Council. The purpose of the 10-member Commission is to advise and make recommendations to the City Council on the issues of aircraft noise and airport policies that impact or have the potential to impact the community. As citizen volunteers, Commission members provide valuable insight into public perceptions of airport issues, which is communicated to the City Council, City staff, and the community at large. The ARC meets on the second Tuesday of each month at 7 p.m. in the City Council Chambers at the Eagan Municipal Center. All ARC meetings are taped and replayed on cable channel 16 at 9 a.m. on Tuesday mornings. II. Purpose/Origin of the ARC's 2004-2005 Communications Plan Recognizing the impact of the North-South Runway (Runway 17-35), which is slated to open in fall of 2005, the Eagan City Council recommended to the ARC at their November 12, 2003 joint meeting with the ARC that a two-year communications plan be formulated. The purpose of the communications plan is to communicate with Eagan residents, businesses, and stakeholders, as well as the metro area's airport community, about the impact of the new runway and any other airport issues that will or may affect our community. The following are strategic messages that are to be communicated in 2004-2005: 1. Runway 17-35, commonly referred to as the North-South Runway, will be opening in fall of 2005. 2. There will be five flight tracks off of Runway 17-35 that will have a significant noise impact on the City of Eagan. 3. The City of Eagan recognizes and appreciates the positive impact that the MSP Airport has on the Eagan community and its economy, while at the same time recognizes the negative impact that aircraft noise can have on Eagan residents and businesses. 4. The Eagan Airport Relations Commission exists as an advisory body to advise and make recommendations to the City Council on the issues of aircraft noise and airport policies that impact or have the potential to impact the community. The Airport Relations Commission is also charged with listening to the testimony of Eagan residents and business owners with regard to airport issues. III. ARC Communications Subcommittees In efforts to strengthen communication with the Eagan citizenry, the ARC established three communications subcommittees in April of 2003 to focus on the following areas-1.) Experience Eagan Newsletter articles; 2.) ARC "Notebook", which is a compilation of information pertaining to the ARC, airport history in Eagan, and policy decisions made by the City in regards to the airport; and 3.) Public Access Cable Television. Each subcommittee provides monthly updates at the ARC meetings on their subcommittee's projects and proposals. 2 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan ARC Notebook The ARC Notebook is a compilation of historic documents, communications, and positions taken by the City in regards to airport issues over the past 35 years. Enclosed as Appendix A and Appendix B are the table of contents for the two components of the ARC Notebook: 1.) 1968-2000, and 2.) 2001- 2005. Community Cable Television The communications via community television regarding airport issues has dramatically increased with the implementation of Your Town News. For example, over the past year, there have been numerous Your Town News stories on topics including the FAA Reauthorization Legislation, the future impact of Runway 17/35, compliance of the FAAIMAC within the Eagan/Mendota Heights, etc. A focused cable story was also completed on the joint meeting held with the ARC, MAC, and FAA regarding Corridor compliance. In order to continue communicating airport related items via public/government access television, the following initiatives are currently underway or proposed in 2004-2005: • Access to Democracy-Lance Staricha, 2003-2004 ARC Chair was interviewed in February of 2004, in which he discusses the impact that Runway 17-35 will have on the Eagan community. • Per the Council's request, more frequent airing of ARC meetings is proposed. • Increased character generation to allow for banner messages regarding the opening of the new runway and other airport related topics. • Continued Your Town News stories, particularly focusing on the opening of the new runway (e.g. Continuous "Countdown to the Runway" segments) • Inside Eagan-Mayor Pat Geagan could use Inside Eagan as a forum for to discuss the impact of the new runway and the overall impact of the airport on the community. Chad Leqve, MAC Manger of the Aviation Noise and Satellite Program, and Cindy Green, FAA Tower Manager, are two potential guests to be interviewed. Experience Eagan Newsletter The ARC has been very active in 2003 in submitting recommendations for newsletter articles regarding airport issues. With the opening of the new runway in Fall of 2005, newsletter articles will continue to be a critical element of the ARC Communications Plan. Experience Eagan article topics that have appeared in 2003 include: 1.) the plan to open to Runway 17/35 and the resulting impact on the community; 2.) the proposed flight tracks off of Runway 17/35; 3.) Where an Eagan resident can go to experience comparable noise they will experience when the new runway opens; and 4.) How airport noise is measured. Also, each article has included who residents should call with further questions (i.e. Dianne Lord, Assistant to the City Administrator, or MAC Noise staff). The following topics are proposed to be included in 2004-2005 Experience Eagan newsletters: 3 i 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan • How the new runway will impact specific neighborhoods (e.g. show a map and matrix of a select group of neighborhoods-what DNL contour do they fall in, how may flights per day can be expected, and location to observe comparable noise) • 2007 Noise Contours-as part of the MAC's Part 150 submittal to the FAA, which is currently being updated, draft noise contours were released in February 2004. A newsletter article was included in the April/may edition to make residents aware of the proposed contours and the effect the contours could have on their homes. • Countdown to the Opening of the Runway-regular text box showing the length of time before the new runway opens, and who people should contact with questions. • Invitation for Eagan residents to join the MSP Noise News mailing list-MAC has granted permission for the City to provide contact information via the newsletter to get on MAC's MSP Noise News mailing list • The tools available on MAC's web site-walk through how to use the technology available • Publish MAC's Noise Hotline telephone number and MAC rules for night flights • Communicate the value of the City's location to the MSP Airport-e.g. Contributes more than $6.4 billion in the economy, supports more than 100,000 jobs in region, and as home to Northwest and Mesaba Airlines, these companies provide over 1,700 jobs in Eagan alone. IV. City Web Site The following Web capabilities are currently available on the City's Web Site: • Link to MAC's website • The ability to electronically file a noise complaint and the MAC Noise Hotline telephone number • Flight track map for Runway 17-35 • Map of the draft 2007 Mitigated Noise Contours (and link to tool to determine where an address is located in proximity to the 60-65 contours • Information regarding the ARC, how to apply for the ARC, and ARC meeting times • ARC minutes, agendas, and updates on airport issues currently being addressed by the ARC. The following are proposed future links and capabilities to be included on the City Web Site: • Distribution lists for those interested in receiving ARC minutes and airport issue updates • Link to the Joint Airport Zoning Board amended zoning ordinance • Link to the City's Aviation Section of the Comprehensive Guide Plan V. Other Communication Initiatives • Invite representatives from Northwest and Mesaba Airlines to dialogue with the ARC as to how communication between the two businesses and the City of Eagan can be strengthened. • Provide information to new residents Eagan regarding airport issues • Continue to educate realtors regarding airport issues and the impact of Runway 17/35 via the Realtor's Forum 4 1 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan • Serve as a resource to the NDC Chambers of Commerce to address airport related questions of Eagan businesses. • Communicate achievements and efforts of the City and the ARC through Eagan's weekly newspapers (e.g. Eagan Thisweek and Sun Current) VI. Noise Oversight Committee As a community impacted by noise from the MSP Airport, the City of Eagan is one of six communities that has permanent representation on the MSP Noise Oversight Committee (NOC). The Eagan Airport Relations Commission monitors the discussion and action being taken by the NOC. The mission of the NOC is to provide a balanced forum for the discussion and evaluation of noise impacts around Minneapolis-St. Paul International Airport through the following functions: • Identify, study and analyze airport noise issues and solutions • Provide policy recommendations or options to the MAC Planning and Environment Committee and full Commission regarding airport noise issues • Monitor compliance with established noise policy at MSP • Ensure the collection of information and dissemination to the public. NOC meetings are held at least one time per month, primarily on the third Thursday of the month. All meetings take place at the MAC General Offices and begin at 1:30 p.m. The 2004 NOC meeting schedule is as follows: • January 15, 2004 . June 17, 2004 • February 19, 2004 • July 15, 2004 • March 11, 2004 • August 19, 2004 • March 24, 2004 • September 16, 2004 • April 15, 2004 • October 21, 2004 • May 20, 2004 . November 18, 2004 5 SD i Eagan Airport Relations Commission ("ARC") Information and Communication Notebook 1968 -2000 Table of Contents (02/05/04) denotes a discrete document) Section 1 Mission Statements for ARC (None) Section 2 Organization and Personnel Directories (None) Section 3 ARC Goals • Airport Issues Matrix (1999) Section 4 Historical Synopsis • Historical Synopsis from Chair/Com. Schlax Eagan/Mendota Heights Corridor (1968-1993) City of Eagan (1854-2000) ARC Events (198_ - 1996) Reading/Research Articles (1994-1995) ARC Meeting Topics (1994-1996) Noise Abatement Departure Profiles (1970-1996) • Eagan Position Paper (12 appendices) Eagan-Mendota Heights Corridor, Development + Refinement (1970-1987) Section 5 City Positions & Related • Comments on "Part 150" Update for MSP (Nov., 2000) River Visual Approach Airspace Redesign Study for MSP Advocate Runway 12R for "Crossing in the Corridor" Low Demand Flight Tracks Inequitable Redistribution New Measurement Criteria Phased-In Use of 17/35 ANOMS Towers Technical Correction to Document • Letter to Bloomington on Low Demand Flight Tracks (Aug., 2000) 6 Section 5 City Positions & Related (continued) • Letter to MAC on Low Demand Flight Tracks (Aug., 2000) • Summary Document (June, 2000) Runway 17/35 Flight Tracks Runway 17/35 Low Demand Flight Tracks . Runway Use System ("RUS") Phased Use of Runway 17/35 Airport Legislation Part 150 Land Use and Noise Abatement Recommendations "Close-in" Versus "Distant" Departure Procedures • Comments on Hoffman Homes Development in Mendota Heights (Oct., 1999) • Legal Issues of Corridor Enforcement (Undated) • Letter to MAC on Ground Noise (Oct., 1998) • Corridor Enforcement History (May, 1996) • Possible Topics for Multi-City Collaboration (Undated) • "Dual Track" Airport Planning Position (Dec., 1995) • ARC "Dual Track" Airport Planning Study & Recommendations (Nov., 1995) • Dakota County Opposes Relocation and/or Landbanking (Sept., 1995) • Dakota County Considers "Dual Track" Position (Sept., 1995) • ARC Operations Subcom.: Issues for Legislative Consideration (c. 1995) • Jet Fuel Fallout over City (July, 1995) • Property Tax Treatment of Noise Insulation Home Improvements (Mar., 1994) • Met Council Land Use Planning Standards (Jan., 1994) • "Dual Track" Environment Document Comments (Dakota County) (Nov., 1993) • SMACC Newsletter (Undated) Section 6 ARC Communication Plans and Documents (None) Section 7 Technical Reports • Q-Jet Noise Suppression Equipment by Westinghouse (May, 1994) Section 8 MAC Documents • Low Frequency Noise Policy Committee Report (undated) (2000) • Resolution Supporting Eagan/Mendota Heights Corridor (Feb., 2000) • Letter from Burnsville Against Consolidation of 17/35 Flight Tracks (Jan., 2000) • Review of Met. Council Landuse Noise Compatibility Guidelines (Dec., 1999) • Contract with Minneapolis on Construction of 3rd Parallel Runway (Nov., 1998) • MAC Biennial Report (1995-1996) • Contract with Mendota Heights on Construction of 3rd Parallel Runway (Dec., 1996) • Summary of Noise Mitigation Recommendations (Part 150) (Oct., 1996) • Airport Factsheet 101 - MSP Int'l Airport (Aug., 1996) 7 sa Section 8 MAC Documents (continued) • Social Survey of Community Preferences for Aircraft Noise Mitigation (Aug., 1996) • Airport Factsheet 106 - Metropolitan Aircraft Sound Abatement Council (Jan., 1996) • Response to Eagan Citizens Airport Noise Committee (Aug., 1995) • MAC Overview: MSP Departure Corridor (Dec., 1994) • RUS Considerations & Crosswind Runway Usage (June, 1994) (Above three documents reference 1994-1994 Corridor Refinements) • State Report - MAC Aviation Noise Program (1993) • Airport Factsheet 102 - Holman Field (May, 1992) • Airport Factsheet 105 - New Generation Aircraft (Jan., 1991) • Airport Factsheet 103 - Noise Abatement Policies at MSP Int'l Airport (Undated) • FAR Part 150 Noise Compatibility Plan (Draft) (March, 1986) Section 9 MSP Joint Zoning Board (None) Section 10 Metropolitan Council Documents (and related) • City of Bloomington Comprehensive Plan (c. 2000) • Minneapolis Resolution on Priorities for Sound Insulation Expenditures (Apr., 2000) (Above document is on back of last page of prior item.) • Principles & Concepts of MSP Communities Collaborative Efforts (c. 1996) • City of Mendota Heights: MSP Airport Noise Mitigation Needs (c. 1995) • Airport Area Community Protection Package (Draft) (July, 1995) Section 11 State Documents • Governor's Airport Community Stabilization Funding Task Force (Draft) (c. 1999) Section 12 Federal Documents • FICAN: Research into Effects of Aircraft Noise on Classroom Learning (Sept., 2000) (Source: Federal Interagency Committee on Aviation Noise) • FAA Proposed Aviation Noise Abatement Policy 2000 (July, 2000) • RE: 1990 Airport Noise & Capacity Act (c. 1994) (Excerpt: Fed. & State Coordination: Aviation Noise Policy & Regulation) (Source: Administrative Law Review) Section 13 Airports Council International - North America (None) 8 S3 Section 14 National Organization to Insure a Sound-Controlled Environment (NOISE) • Use of Passenger Facility Charges for Noise Mitigation Projects at 65 US Airports (June, 2000) • Air Transportation Environmental Issues (1999) • Noisy Skies handouts (Undated) Section 15 Air Cargo Resources (None) Section 16 Other Information & Reports • Airport Noise Impacts on Housing Values (Aug., 1995) • Whose rules govern environment around airports (July, 1994 (Source: Minneapolis SW Journal article) (end) 9 i Eagan Airport Relations Commission ("ARC") Information and Communication Notebook Table of Contents 2001 Apr., 2004 (02/28/04) denotes a discrete document) Section 1 Mission Statements for ARC • Draft Proposal (May, 2003) • Proposed (2002) Section 2 Organization and Personnel Directories • ARC Address and Phone List (April, 2003) • Directory (Jan. 1, 2003) ARC & ARC Subcommittees Neighboring Cities MAC FAA Airport-Related Businesses Dakota County Met Council Regional Airport Citizen Organizations State Government Federal Government MSP ATC MSP FAA Section 3 ARC Goals • Minutes from ARC Special Meeting (Apr., 2003) • Agenda for Goal-Setting Meeting (March, 2003) • Communication Planning Matrix (Oct., 2002) • Summary of Goal-Setting Meeting (Apr., 2002) • Summary of 2001 Goals (May, 2001) • Minutes of Special Meeting (Apr., 2001) Section 4 Historical Synopsis (None) Section 5 City Positions & Related 10 • Draft 2007 Noise Contours Released- Experience Eagan Newsletter (Mar., 2004) • Runway Will Increase Noise in Eagan - Experience Eagan Newsletter (Jan., 2004) • Citizen Website Regarding Noise Issues (Undated) • How the Airport Impacts Eagan Experience Eagan Newsletter (July, 2003) • Letter to MAC on operations data for Part 150 Forecast Update (May, 2003) • Letter to MAC on completion of 1996 Sound Insulation Program (May, 2003) • Letter to MAC on Establishment of Noise Oversight Committee(unsigned) (Feb., 2003) • Letter to MAC on Proposed Zoning Ordinance Amendments (Oct., 2002) • Resolution Supporting H.F. 2568 (Making MAC a "state agency") (Feb., 2002) • Retention of Noise Attorney by City Council (no document) (Dec., 2001) • City Calls for Support of NWA & Impacted Employees (Press Release) (Sept., 2001) • NWA Impact on Eagan (Sept., 2001) • RE: 2005 DNL 64-60 Sound Insulation Program (June, 2001) • Q&A from City Community Services Open House (May, 2001) • Letter of Support for City's Comments on Part 150 (Sen. Wiener) (May, 2001) • Press Release (Rep. Wilkins) State House Passes HF1236 (Apr., 2001) (Summary: Appointees to MAC will require legislative consent) • Summary of HF1451 (Funding for Airport Impact Mitigation) (March, 2001) • Formation of Citizens Group (Chair Gladhill) (March, 2001) • Letter & Resolution on Sound Insulation Options for 2005 DNL 60-64 (March, 2001) • Eagan City Council 2001-2002 Strategic Plan (See: #3 Actively pursue measures to mitigate the adverse effects of airport noise on the City of Eagan. "Citizens may anticipate the hiring of a noise attorney and the development of an anti-fanning citizens group; the Airport Relations Commission has been expanded to respond to increased need in the community.") • City's Land Use Goals & Policies: Aviation & Airports (Feb., 2001) Section 6 ARC Communication Plans and Documents • Data on Cable TV viewers and information on Your Town News (May, 2003) • 2002-2003 Communications Program (June, 2002) • Communications Plan Outline (May, 2002) • Current State of Aviation in America & Locally (Cable TV tape, Y2 hour) (Sept., 2001) (Above item not included in notebook.) • The Airport and It's Noise, for Eagan Residents (Cable TV draft script) (June, 2001) • The Airport and You (Cable TV draft script) (June, 2001) • The Airport and You (Cable TV draft script) (April, 2001) 11 s6 Section 7 Technical Reports • Quiet Climb System (Boeing Corp.) (Jan., 2003) • MAC Monthly Summary of Operations (Dec. 2002) • (Summary of national) Airport Reports (source: NOISE?) (undated) • What Is Hearing Loss? (Mayo Clinic website) (June, 2002) • Summary of Noise and Operations by ARC Com. Cook (March, 2002) Section 8 MAC Documents • MSP Noise News (Dec., 2003) *Memo - Part 150 Update: Data Revision (Dec., 2003) • Memo - Revision to 2004-2005 Capital Improvement Program (Dec., 2003) (Two documents above are back to back on same page.) • Approved 2004 Capital Improvement Program (Dec., 2003) • 2004-2010 Capital Improvement Program Environmental Review (Nov., 2003) • Noise Oversight Committee 2004 Work Plan (Nov., 2003) • 14 CFR Part 150 Study Update Public Open House Report (Oct., 2003) • Noise Oversight Committee Meeting (Minutes) (Sept., 2003) (with Revised Part 150 Update Schedule) • MSP Noise News (Sept., 2003) • 2004 Capital Improvement Program (Aug., 2003) • Noise Oversight Committee Part 150 Study Update (Aug., 2003) • Memo - INM Input Data for 2003 Part 150 Update (Aug., 2003) • Letter to Eagan - Questions Regarding Corridor (July, 2003) • Part 150 Sound Insulation Construction Specifications, Appendix B (July, 2003) • MSP Noise News (June, 2003) • Eagan/Mendota Hgts. Departure Corridor Analysis (Apr., 2003) • Technical Advisors Report (Apr., 2003) • MSP Noise News (Apr., 2003) • EA for Departure Procedures off Runway 17 (Oct., 2002) (Draft PDF doc. on CD-ROM) • 2003-2009 Capital Improvement Program Environmental Assessment (Oct., 2002) • Preliminary 2003-2009 Captial Improvement Program (Aug., 2002) • MSP Aviation Noise Blue Ribbon Panel Report (June, 2002) (Regarding a New MSP Noise Oversight Committee Framework) • Runway 17/35 Noise Information - General (May, 2002) • Runway 17/35 Future Noise Impact Information (May, 2002) • Runway 1735 Noise Information -Noise Abatement Measures (May, 2002) • MSP Noise News (Mar., 2002) • Report Regarding MASAC (Dr. John Brandl) (Sept., 2001) • 14 CFR Part 150 Update ("Final Draft" PDF doc. on CD-ROM) (Sept., 2001) • Letter to City Addressing Questions on Sound Insulation (April, 2001) 12 S~ Section 9 MSP Joint Zoning Board • Memo - Approval of Ordinance Amendments (1 exception) (Jan., 2004) • MSP Aircraft Accident Reports (ARC Comr. Schlax) (May, 2003) • MSP Runway Operational Changes Since 1984 (May, 2002) Section 10 Metropolitan Council Documents (and related) • Avaition Policy Plan Update 2000-2020, Report of the Advisory Task Force Section 11 State Documents (None) Section 12 FAA & Federal Documents • Air Traffic Operations in the Corridor (Sept., 2003) • United States Code, Title 49, Chap B (Airport Development & Noise) (Sept., 2003) • History of FAA Involvement in Noise Restrictions (2002) (Source: BERRY Airport Permitting.ppt) Section 13 Airports Council International - North America • ICAO Agrees to Cut Aircraft Noise 10 Decibels (Jan., 2001) • The Next Stage in Noise Abatement Policy (2001) Section 14 National Organization to Insure a Sound-Controlled Environment (NOISE) • Organization and Membership Information (c.2001) • Passenger Facility Charges for Noise Mitigation at 65 US Airports (June, 2000) Section 15 Air Cargo Resources • Public/Private Proposal: International Air Cargo Distribution Center (Jan., 2003) (Air Cargo Development Steering Committee) • Air Cargo Guide (Listing of Twin Cities Air Cargo Association members) (2002) • Summary of MSP Air Cargo Study by Com. Thorkilson (July, 2002) • Economic Impact of the Greater Metropolitan Foreign Trade Zone (Apr., 2002) (Anton, Lubov & Associates, Inc) • MSP Air Cargo Study (SITA Logistic Solutions) (Dec., 2001) 13 Section 16 Other Information & Reports • Nighttime Noise Restrictions at Airports in US (Feb., 2001) (Source: CFAN, Seattle, WA) (end) (c:/.../ARC/notebook TOC 2001-2005 2 28 04.doc) 14 S~ Agenda Memo April 20, 2004 CONSENT AGENDA: P. TOBACCO LICENSE - Al Bakers ACTION TO BE CONSIDERED: Approve Tobacco License for Al Baker's Restaurant FACTS: • Al Baker's has requested a license to sell tobacco products at their restaurant • All requirements of the application have been met • Staff deems the license in order for approval 60 Agenda Memo April 20, 2004 PUBLIC HEARINGS A. PROJECT 851, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 851 (Town Centre Area - Street & Access Management Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 851 provided for the bituminous overlay and access management improvements of the streets in the Town Centre Area. The improvements included the construction of concrete sidewalk along the westerly/northerly side of Town Centre Drive, driveway relocations along the easterly/southerly side of Town Centre Drive and driveway apron construction throughout the Town Centre Area. • The Final Assessment Roll was presented to the City Council on March 16, 2004, with a public hearing scheduled for April 20 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessments for low and high density residential properties are approximately 7% below, and the final assessments for commercial/ industrial properties are approximately 68% below to 86% above (for various portions of the work under the project) the estimate contained in the feasibility report presented at the public hearing held on December 2, 2002. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. • An informational meeting was held on April 12 to address all property owners' questions or concerns and provide any additional information of interest. Of the 57 parcels (commercial/ industrial, institutional, high & low-density residential properties) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through 6~ FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 851 ASSESSMENT - April 20, 2004 NAME - Town Centre Area IMPROVEMENT- December 2, 2002 Mill and Overlay, Driveways, Sidewalk etc. IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R=Feasibility Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk 0 Surfacing C/I Properties $.2085 $.2393 /Sa. Ft. ❑ Lateral High Density Resident 37.87 54.45 /F_F. Institutional 37.87 54.45 /F.F. ❑ Service Low Density Resident 18.36 31.20 /F_F. ❑ Lat. Benefit/trunk 0 Parking Lot .0186 .0567 /Sq. Ft. ❑ WAC 0 Driveway Apron. 109.06 93.76 Sq. Yd. El Trail/Sidewalk .1486 .1029 /Sq. Ft. SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERM RATE ASSESSED FINANCED $1,216,424 F.R. $1.089,991 F.R. 03-01 57 15 Years 4.5% $1,083.351.37 $593,013.01 COMMENTS: V i t MEMO city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: April 2, 2004 SUBJECT: Final Assessment Roll Project No. 851 Town Centre Area Street Overlay and Driveway Improvements The City Council at the conclusion of the public hearing on December 2, 2002 ordered Project 851. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are: 1. Mill and overlay of existing streets 2. Widening of eastbound approach of Town Centre Drive and Denmark Avenue intersection for new left turn lane 3. Concrete sidewalk along Town Centre Drive from Duckwood Drive to Denmark Avenue 4. Relocation of driveways along Town Centre Drive and Duckwood Drive 5. Install concrete driveway aprons at commercial properties 6. Replace damaged curb and gutter 7. Stripe Town Center Drive from Duckwood Dr to Denmark to a 3-lane roadway 8. Reconfigure internal parking lots (Wal-Mart & Kohl's) 9. Stripe Duckwood Drive from Town Centre Drive to Denmark Avenue to a 3 lane roadway 10. Install concrete median from Town Centre Drive to Pilot Knob Road on Duckwood Drive 11. Install traffic signal at Duckwood Drive and Town Centre Drive 12. Signing and pavement messages 13. Installation of left turn lane on northbound Denmark Avenue to westbound Town Centre Drive 14. Landscape modifications to boulevards along Duckwood Drive. The costs associated with improvements 1, 2, 7, 9, 10, 12, 13 and 14 were proposed for assessment using an area method for commercial properties and linear methods for residential properties are proposed as a street assessment. The concrete driveway installation was presented for assessment using the area of concrete placed to construct the driveway. At the direction of the appraiser this method was changed for those parcels which share a driveway or driveways. The shared driveways are proposed to be assessed using weighted parcel areas.. The sidewalk was proposed for assessment using the area method. The relocations of parking lot accesses and reconfiguration of internal parking lots were proposed for assessment using an area method of assessment. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 03-01, which is complete. The assessment hearing is scheduled for April 20, 2004. The following information was used in the preparation of the assessment roll. 63 2 I. PROJECT COST The construction cost includes the amount of $1,010,264.26 paid to contractor and vendors for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $460,193.65 and easement costs in the amount of $205,906.47 were incurred resulting in an improvement and project cost of $1,676,364.38. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. EASEMENT CONSTRUCTION AND OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing $419,690.00 $397,074.80 $816,764.80 1,212,205 Sidewalk 61,425.00 27,979.09 89,404.09 225,225 Parking Lot Revisions 36,828.00 16,775.15 53,603.15 162,970 Driveways 106,554.30 48,535.48 155,089.78 66,200 Traffic Signal 249,453.49 113,641.11 363,094.60 463,900 Curb and sidewalk repair 115,302.47 52,522.71 167,825.18 156,075 Utility Repairs 21,011.00 9,571.78 30,582.78 19,840 TOTAL $1,010,264.26 $666,100.12 $1,676,364.38 $2,306,415 H. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. IMPROVEMENTS 1. Street Overlay and Expansion Duckwood Drive from Pilot Knob Road to Denmark Avenue, Town Centre Drive from Duckwood Drive to Denmark Avenue, Denmark Avenue from Crestridge Lane to Town Centre Drive and Krestwood Lane from Crestridge Lane to Duck-wood Drive were improved with a mill and overlay improvement, and markings for traffic direction, signage and installation of medians to provide channels for traffic. The construction cost of the improvements was $419,690.00. Other costs in the amount of $191,16833 were allocated to the construction costs plus $205,906.47 of easement costs. This results in an improvement cost of $816,764.80. The feasibility report called for: Commercial and Industrial property to be assessed its pro-rata share of cost using an area method of assessment, residential and institutional properties are to be assessed their pro-rata share of costs using a linear method. The assessment rates were computed using the following: 6y 3 i a. Commercial and Industrial Property The improvement and assessment rates for the commercial and industrial property classification were computed using: TOTALIMPROVEMENT IMPROVEMENT COST UNITS IMPROVEMENT RATE $816,764.80 16,176 F.F. $50.49/F.F. ASSESSABLE IMPROVEMENT RATE SHARE ASSESSABLE AMOUNT $50.49/F.F. X 14,362 F.F. $725,137.38 ASSESSABLE ASSESSABLE AMOUNT UNITS ASSESSMENT RATE $725,137.38. 3,477,509 Sq. Ft. $.2085/Sq. Ft. b. INSTITUTIONAL PROPERTY ASSESSMENT RATE The assessment rate for institutional property was computed using: TOTAL IMPROVEMENT IMPROVEMENT COST UNITS IMPROVEMENT RATE $816,764.80 16,176 F.F. $50.491F.F. ASSESSABLE IMPROVEMENT RATE SHARE ASSESSABLE AMOUNT $50.49/F.F. X 75%. $37.87/F.F. SIZE ASSESSABLE AMOUNT ADJUSTMENT ASSESSMENT RATE $37.87/F.F. 32/44 $27.541F.F. The size adjustment was made because the institution abuts a 32 foot wide street. 4 c. HIGH-DENSITY RESIDENTIAL PROPERTY The high-density residential property assessment rate was computed using the following: TOTAL IMPROVEMENT IMPROVEMENT COST UNITS IMPROVEMENT RATE $816,764.80 16,176 F.F. $50.49/F.F. ASSESSABLE IMPROVEMENT RATE SHARE ASSESSABLE AMOUNT $50.49/F.F. X 75%. $37.87/F.F. d. LOW-DENSITY RESIDENTIAL PROPERTY The low-density residential property assessment rate was computed using the following: TOTAL IMPROVEMENT IMPROVEMENT COST UNITS IMPROVEMENT RATE $816,764.80 16,176 F.F. $50.49/F.F. ASSESSABLE IMPROVEMENT RATE SHARE ASSESSABLE AMOUNT $50.49/F.F. X 50%. $25.25/F.F. SIZE ASSESSABLE AMOUNT ADJUSTMENT ASSESSMENT RATE $25.25/F.F. 32/44 $18.36/F.F. 2. Sidewalk The City incurred construction costs of $61,425.00 to install the concrete sidewalk along the west and north side of Town Centere Drive from Duckwood Drive to Denmark Avenue. Other costs in the amount of $27,979.09 were allocated resulting in an improvement cost of $89,404.09. The feasibility report called for this improvement to be assessed using an area method of assessment. The assessment rate was computed using the following: TOTAL IMPROVEMENT ASSESSABLE COST UNITS ASSESSMENT RATE $89,404.09 601,585 Sq. Ft. $.1486/Sq. Ft. 66 5 i 3. Driveway Relocation/Parking Lot Revisions The contractor relocated two driveways at a cost $36,828.00. Other costs in the amount of $16,775.15 were allocated resulting in an improvement cost $53,603.15. The driveway on Duckwood Drive was not relocated, therefore the associated parking lot reconfiguration was not required. The feasibility report called for this improvement to be assessed using an area method of assessment. The assessment rate was computed using the following: TOTAL IMPROVEMENT ASSESSABLE COST UNITS ASSESSMENT RATE $53,603.15 2,874,508 Sq. Ft. $.0186/Sq. Ft. 4. Driveways The contractor installed 1,422 sq. yd. of concrete driveway entrances at a cost $106,554.30. Other costs in the amount of $48,535.48 were allocated resulting in an improvement cost $155,089.78. The feasibility report called for this improvement to be assessed based on the square yards of concrete to construct the driveway. The assessment rate was computed using the following: TOTAL IMPROVEMENT ASSESSABLE COST UNITS ASSESSMENT RATE $155,089.78 1,422 Sq. Yd. $109.06/Sq. Yd. 5. Traffic Signal The contractor installed a traffic signal at the intersection of Duckwood Drive and the Town Centre Drive at a cost of $227,512.00 and the City also modified the signal at the intersection Pilot Knob Road and Duckwood Drive at a cost of $21,941.49 which results in a construction cost of $249,453.49. Other costs in the amount of $113,641.11 were allocated resulting in an improvement cost of $363,094.60. The feasibility report called for this improvement to be financed by the City's Major Street Fund. 6. Curb and Gutter, and Sidewalk The cost to replace damaged curb and gutter, and sidewalk amounted to $115,302.47. Other costs in the amount of $52,522.71 were allocated resulting in a replacement cost of $167,825.18. This improvement will be financed by the City's Major Street Fund. 7. Utility Repairs Water Repairs The contractor replaced 55 valve box tops at a cost of $17,197.00. Other costs in the amount of $7,834.27were allocated resulting in a repair cost in the amount of $25,031.27. This valve top box replacement will be financed by the Water Department of the City's Utility Enterprise Fund. Storm Sewer The contractor removed and replaced 5 catch basin casting assemblies at a cost $2,814.00. Other costs in the amount of $1,281.95 resulting in a repair cost of $4,095.95. The storm sewer repair will be financed by a transfer from the Storm Sewer Division of the City's Utility Enterprise Fund Sanitary Sewer The contractor removed and replaced 2 manhole casting assemblies at a cost $1,000.00. Other costs in the amount of $455.56 resulting in a repair cost of $1,455.56. The sanitary sewer repair will be financed by a transfer from the Sanitary Sewer Division of the City's Utility Enterprise Fund. 6 t/0 0 C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 15 years with interest charged at an annual interest rate of 4.5% on the unpaid balance. III. CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT ASSESSMENT CITY'S IMPROVEMENT COST REVENUE (RESPONSIBILITY) Street resurfacing $816,764.80 $785,254.59 $(31,510.21) Sidewalk 89,404.09 89,404.09 -0- Parking Lot Revisions 53,603.15 53,603.15 -0- Driveways 155,089.78 155,089.54 (.24) Traffic Signal 363,094.60 (363,094.60) Curb and sidewalk repair 167,825.18 (167,825.18) Utility Repairs 30,582.78 (30,582.78) TOTAL $1,676,364.38 $1,083,351.37 $(593,013.01) The following funds will provide financing for the listed improvements. Major Street Fund $562,430.23 Storm Sewer Division of Utility Enterprise Fund 4,095.95 Sanitary Sewer Division of Utility Enterprise Fund 1,455.56 Water Division of Utility Enterprise Fund 25,031.27 Total $593,013.01 7 6~ Gerald R. Wobschall Reviewed Review tzt.--- VVI Public Works Departs ent Finance apartment 4--is-of- 4 Dated Dated cc: Thomas A. 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Q Y ® $ 0.2085 / sq.ft. z w G:Assessments\B51\STREET-IMPRV - - Town Centre Area Overlay & Access Management - Project No. 851 April 14, 2004 City of Eagan Street Improvem - Assessment Map I f_. - - - - - - - - - - - - - -YANKEE DOODLE RD. x L J SCALE: 1" = 40 TOWN CENTRE DR. - - - - - - - - - - I / VY NG ~,~4'/ X I ` / r I I NE ; Aft u i j 'i \ v ~ Y I \ \ \ \ C K b k: W p Z \ F- I X 0 CL `r DUCKWOOD DR. m \ \k - i 00 f r Z [E= EE= MIT11 CRESTRIDGE LANE LEGEND I ® LOTS ASSESSED ON AREA BASIS I - - G:Assessments\BB2\RELOC_ACCESS - - Town Centre Area Overlay & Access Management - Project No. 851 April 14, 2004 City of Eagan Relocated Parking Lot Access YANKEE DOODLE ROAD 100% 100% W CALE: 1" = 400' 1 i A-Z W 100% Q Z DUCOOD DR. o 100% O Q O m z 70 Irn N O 10o% CREBiRIDGE IIIE LEGEND APPROX, DRIVEWAY LOCATION 100% 100 % ASSESSED TO PARCEL ® WEIGHTED BY PARCEL AREA AND SIZE OF DRIVEWAY G:Assessments/771 /Fig 1 Town Centre / Duckwood / Denmark Project No. 851 April 14, 2004 City of Eagan Driveway Improvement Assessment Map i YANKEE DOODLE ROAD W SCALE: 1" = 300' a I I I i 4 Q~ AIT~ 40 i Uj Q Y Q Z DUCKWOOD DR. U.1 ¢O ca m z o Y o 0 Z CL ® ® GED1 CPXJgMVGE LANE i LEGEND ® SIDEWALK ASSESSMENT SIDEWALK CONSTRUCTION GAssessment5/771 /Fig 1 Town Centre / Duckwood / Denmark Project No. 851 April 14, 2004 City of Eagan Sidewalk Assessment Map 175 Agenda Memo April 20, 2004 B. PROJECT 882. CRESTRIDGE LANE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 882 (Crestridge Lane - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 882 provided for the bituminous overlay of Crestridge Lane, from Pilot Knob Road to Denmark Avenue. • The Final Assessment Roll was presented to the City Council on March 16, 2004, with a public hearing scheduled for April 20 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessments are approximately equal to the estimate contained in the feasibility report presented at the public hearing held on February 4, 2003. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. One written objection has been received to date. • An informational meeting was held on April 12 to address all property owners' questions or concerns and provide any additional information of interest. Of the 45 parcels (commercial/ industrial, institutional, single-family, and townhouse properties) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Re ort , pages through • Objection, page. ~6 FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 882 ASSESSMENT - Apri120, 2004 NAME- Crestridge Lane-Pilot Knob to Denmark IMPROVEMENT - February 4, 2003 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral H Surfacing Single $359.39 $358 /Lot ❑ Service Townhouse 269.54 269 Unit Institutional 7.05 6.97 /F.F. ❑ Lat. Benefit/trunk C/I 9.40 9.29 /F.F. ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $19,355 F.R. $29,165 F.R. 03-01 45 5 Year 4.50% $17.892.84 $31,000.58 COMMENTS: MEMO city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: April 2, 2004 SUBJECT: Final Assessment Roll Project No. 882 Crestridge Lane-Pilot Knob to Denmark Street Overlay The City Council at the conclusion of the public hearing on February 4, 2003 ordered Project 882. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of Crestridge Lane and replacement of curb and gutter from Pilot Knob Road to Denmark Avenue. In the feasibility study, it was proposed to assess the mill and overlay improvement using a lot unit method for single-family properties, and a linear method for other property types. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 03-01, which is complete. The assessment hearing is scheduled for April 20, 2004. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $39,510.61 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $9,382.81 were incurred resulting in an improvement and project cost of $48,893.42. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing $25,891.00 $6,148.48 $32,039.48 $32,385. Curb repair 11,639.61 2,764.12 14,403.73 16,135 Utility repair 1,980.00 470.21 2,450.21 TOTAL $39,510.61 $9,382.81 $48,893.42 $48,452 2 i II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Contactor superintendence L.S. 1 $1200.00 $1,200.00 Mobilization L.S. 1 1,430.00 1,430.00 Field office Type D L.S. 1 150.00 150.00 Mill bituminous surface Sq. Yd. 2,759 1.10 3,034.90 Bituminous mat. for tack coat Gal. 375 1.50 562.50 Type 41 Wear Course Ton 572.069 31.95 18,277.32 Traffic control L. S. 1 586.00 586.00 Adjust water valve box Each 1 150.00 150.00 Adjust manhole casting Each 2 250.00 500.00 SUBTOTAL $25,891.00 Other costs @23.75% 6,148.48 Mill and Overlay Cost $32,039.48 2. Computation of Lot Equivalents A. There are 3 parcels proposed for 2 lot equivalents and 2 lots for a total of 8 residential lot equivalents, one institutional lot and one commercial lot proposed for assessment. The institutional property is the Clare Bridge Alternative Living Center and the commercial property is the US Bank Property. The lot equivalents are computed in the following manner: Residential Lot Property Class Lots Weighting Factor Equivalents Single Property 8 100% 8.0 Townhouse 38 75% 26.6 Total 46 36.5 The costs will be allocated between the residential and public facility properties based on the ratio of affected properties. Improvement Property Class Frontage Weighting Factor Cost Commercial Industrial 175 5.13% $1,644.25 Institutional 444 13.02% 4,171.71 Residential 2,791 81.85% 26,223.52 Total Frontage 3,410 100.0% $32,039.48 3g B. Commercial Property Assessment Rate The improvement cost for the low-density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $1,644.17 175 F. F. $9.40/F.F. IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $9.40/F.F. X 100% $9.40/F.F. C. Institutional Property Assessment Rate The improvement cost for the institutional property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $4,173.01 444 F. F. $9.40/F.F. IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $9.40/F.F. X 75% $7.05/F.F. D. Low Density Residential Property Assessment Rate The improvement cost for the low-density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $26,223.52 36.5 Lot Equiv. $718.45/Lot Equivalent IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $718.45/ Lot Equivalent X 50% $359.22/Lot Equivalent $359.22 X 75% $269.42/Townhouse Unit 2. Curb and Gutter replacement The cost to replace damaged curb and gutter amounted to $11,639.61. Other costs, in the amount of $2,764.12, were allocated resulting in a replacement cost of $14,403.73. This improvement will be financed by the City's Major Street Fund. 4 ~0 3. Utility Repairs A. Water Utility Repair The contractor furnished and installed valve 4 each top sections at $275.00 each. This results in a contract cost of $1,100.00. Other costs, in the amount of $261.23, were allocated resulting in a cost of $1,361.23. These repair costs are to be financed by the Water Division of the City's Utility Fund. B. Sanitary Sewer Repair The contractor removed and replaced 2 manhole castings at a cost of $880.00. Other costs in the amount of $208.98 were allocated resulting in an improvement cost of $1,088.98. These repair costs are to be financed by the Sanitary Sewer Division of the City's Utility Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 4.50 % on the unpaid balance. III. CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT CITY'S IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY) Streets Resurfacing $32,039.48 $17,892.84 $(14,146.64) Curb Replacement 14,403.73 (14,403.73) Utility Repair 2,450.21 (2,450.21) TOTAL $48,893.42 $17,892.84 $(31,000.58) The following funds will provide financing for the listed improvements. Major Street Fund $28,550.37 Water Division Utility Fund 1,361.23 Sanitary Sewer Division Utility Fund 1,088.98 Total $31,000.58 U Gerald R. Wobschall Reviewed Reviewed Public Works Depar ent Finance epartment ¢ - Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I GRW 6 i Combined Assessment Roll SA NBR 1OP882 Estimated PID ADDITION NAME Overlay Total Assessment variance 10-01500-040-51 SECTION 15 $718.78 $718.78 $716.00 ($2.78) 10-01500-050-51 SECTION 15 $718.78 $718.78 $716.00 ($2.78) 10-01500-060-51 SECTION 15 $718.78 $718.78 $716.00 ($2.78) 10-15400-070-01 BUFFER HILLS $359.39 $359.39 $358.00 ($1.39) 10-26500-020-01 FIRST MINNEHAHA $1,645.00 $1,645.00 $1,625.00 ($20.00) 10-32750-010-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-010-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-010-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-010-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-020-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-020-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-020-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-020-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-030-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-030-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-030-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-030-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-040-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-040-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-040-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-040-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-050-01 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-050-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-050-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-050-04 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-060-02 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-32750-060-03 HIDDEN OAKS $269.54 $269.54 $269.00 ($0.54) 10-57500-012-01 PILOT KNOB HEIGHTS 1ST $3,130.20 $3,130.20 $4,645.00 $1,514.80 10-57502-041-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54) Wednesday, April 07, 2004 Page I of 2 Combined Assessment Roll SA_NBR 1OP882 Estimated PID ADDITION NAME Overlay Total Assessment Variance 10-57502-051-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54) 10-57502-061-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54) 10-57502-071-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54) 10-57502-081-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54) 10-57502-091-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54) 10-57502-101-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54) 10-57502-111-01 PILOT KNOB HEIGHTS 3RD $269.54 $269.54 $269.00 ($0.54) 10-57676-020-01 PINE RIDGE 2ND $359.39 $359.39 $358.00 ($1.39) 10-76500-010-01 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54) 10-76500-020-01 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54) 10-76500-030-01 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54) 10-76500-030-02 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54) 10-76500-040-01 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54) 10-76500-040-02 TIMBERSHORE $269.54 $269.54 $269.00 ($0.54) 10-76502-020-13 TIMBERSHORE 3RD $269.54 $269.54 $269.00 ($0.54) 10-76502-030-13 TIMBERSHORE 3RD $269.54 $269.54 $269.00 ($0.54) Summary for'SA_NBR' = 1OP882 (45 detail records) Sum $17,892.84 $17,892.84 $19,356.00 $1,463.16 Wednesday, April 07, 2004 Page 2 of 2 1 I ~ O O CV r and Nl:JdwN3a •3nd >RJdwN3a 1 Q o) OI J d 02J d1SloN • w • Z co aNo • N 00 > +w 0 C.) 'l0 3EXINMUO L U) CO F- LU z ~~n c Z) w vJ of U * N J uwF- F- ¢cn N CD w J eU3 U > : Cl) w Q o c w g Cl) N Z W 41, co O z- t0 J w m w 0) 0 U Q Cl) N 1 Z U ti i ,yy T ■ U • \ J, \ KRESTWOOD LN. C) \ U I > d + J W I Li > I ~ H _ - - - W (IMI 80NA lOlld cu m m _ w r O E \ a w . " U w J a N d V Ct -I o,-Y-, C. Jz r C~ April 12, 2004 a~ Maria Petersen, City Clerk 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Ms. Peterson, I received notice of a special assessment to be charged against my property for street improvements. Since this is a public street and a through street between Denmark and Pilot Knot Road, many people use this street beyond the residents. I am wondering why the residents are being asked to cover the cost, and the cost is not being paid by my taxes, which are supposed to cover public services, including roads. At the same time, I have also been notified that my property values are being raised almost 10% this year, and again another 10% for next year. It's amazing that my 25- year-old townhouse will have increased in value almost 40% from when I purchased it in the summer of 2001. So my tax base has been hugely increased, which increases the taxes I pay and now I find I am being charged for the streets too. I do object to this assessment. It is unfair to the residents are not the only users of these streets and probably not even the majority of the users of this street. This is a public street and should be paid for out of public taxes. Please advise me as to what the next step is in this process and under what law the City of Eagan is attempting to bill the residents for this street improvement. Thank you. Sincerely, =irginia Lambert 1327 Crestridge Lane Eagan, MN 55123 Agenda Information Memo April 20, 2004, Eagan City Council Meeting VIII. NEW BUSINESS A. PRELIMINARY SUBDVISION (SCHWANZ ADDITION) - WENZEL FINANCIAL ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Preliminary Subdivision (Schwan Additoin) to create 8 twin home for property located at 3200 Pilot Knob Road, subject to the conditions in the March 23, 2004 Advisory Planning Commission minutes. To approve (OR direct findings for denial) a 3 percent Variance to allow lots 2 through 7 a building coverage of 23 percent, for the Schwan Addition. Subject to the conditions in the March 23, 2004 Advisory Planning Commission minutes. FACTS: • The subject site is currently two tax parcels a single family home is present on the southern lot. • The property is zoned R-2, eight twinhome units are proposed with this subdivision, the R-2 Bulk standards are met. • Dakota County is prohibiting access to Pilot Knob Road. • Access to the development will be via Jurdy Road to a private cul-de-sac. • The developer is dedicating one acre of the 2.5 acre site as public right-of-way. ATTACHMENTS (2): Planning Staff report on page a&_th_rough/JQ Planning Commission minutes on page/througm U PLANNING REPORT CITY OF EAGAN REPORT DATE: March 17, 2004 CASE: 10-PS-02-02-04 APPLICANT: Wenzel Financial HEARING DATE: March 23, 2004 PROPERTY OWNER: Same APPLICATION DATE: February 18, 2004 REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: 3200 Pilot Knob Road COMPREHENSIVE PLAN: MD, Medium Density (4-12 u/a) ZONING: R-2, Residential Double SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Schwarz Addition) to create eight twin home lots (for twinhomes) for property located at 3200 Pilot Knob Road in the SW 1/4 of Section 10. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. 66"o, i Planning Report - Schwan Addition March 23, 2004 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject site consists of two unplatted tax parcels; combined, the total site is about 2.5 acres. EXISTING CONDITIONS The southern portion of the site has a single family home present, the northern portion is vacant. The site is slightly wooded. Access is currently via Pilot Knob Road; Jurdy Road is to the north. ~9 Planning Report - Schwan Addition March 23, 2004 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family R-l, Single family LD, Low Density Residential residential residential 0-4 u/a South Apartments R-4, Residential SA, Special Area multiple East Twin homes PD, Planned MD, Medium Density Development residential 4-12 u/a West Pilot Knob Road ROW ROW EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject property is zoned R-2, Residential Double District and guided Medium Density 4-12 units/acre. The site is surrounded by residential uses and is bordered by medium and high density uses. The proposed use appears compatible with the area. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, infill single family and multiple residential developments would be conditional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. V i Planning Report - Schwan Addition March 23, 2004 Page 4 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 2 miles southeast of the nearest runway at the airport. On an annual average, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north-south runway. At current traffic levels, the airport handles approximately 530,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately 3 miles from the engine maintenance and run up area. (Issues #3, 4 and 8) While the implementation of the Stage III airline fleet in recent years has lessened the noise per operation, the net effect of these deductions has not yet been translated into new noise policy contours. Updated policy contours are expected to be available and adopted later this year, and it is anticipated that the result will be a reduction in the contours. However, until that time, regional policy dictates that cities continue to utilize the last officially adopted noise policy contours. If the City determines that findings concerning these conditions support the approval of this application for in-fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (Issue #5). Densi - Medium Density designation allows 4-12 units/acre. As proposed the subdivision meets density requirements with 5 units/acre. Lots - The Zoning Ordinance requires 7,500 square feet of land per unit for twinhomes. The proposed 8 lots range from 7,669 square feet to 11,772 square feet, meeting area requirements. The Zoning Ordinance allows a maximum building coverage of 20 percent. Overal,l the site achieves this standard; however, as proposed (based on individual lot calculation) lots 2 through 7 have a building coverage of 23 percent. Approximately one acre of the 2.5 acre site is being dedicated as right-of-way. The necessity of a variance for these lots is considered a policy matter to be determined by City Officials. Planning Report - Schwanz Addition March 23, 2004 Page 5 Setbacks - R-2 setbacks apply to all the lots within this development. The following table represents the required and proposed setbacks. Setback Ordinance Proposed Front yard Pilot 50 feet 70 feet Knob Road Front yard Jurdy 30 feet 30 feet Road Private Road 25 feet 25 feet Side yard 0 and 10 feet 0 and 10 feet principal Rear and 15 feet 26 feet Landscaping - The Landscape Plan is acceptable. The proposed plan shows a planting buffer to the north and east. Six different tree species are proposed with the Landscape Plan. Tree mitigation adds to the buffers as well, but is not part of the Landscape Plan. Grading= The preliminary grading plan is acceptable with modifications. The existing site generally slopes toward the south with elevations ranging from approximately 910 to 886. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. Storm water runoff from the development is proposed to drain via public storm sewer to a pond to be constructed within Lot 2, Block 1 Effress Addition. This pond will then flow to existing storm sewer within the intersection of Pilot Knob Road and Northwood Parkway, approximately 250 feet to the south of the development. This storm sewer drains to Pond CP-5 (as identified in the City Storm Water Management Plan - 1990) south of Northwood Parkway. Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main of sufficient size and capacity are available within Jurdy Road north of the site. Sewer and water service pipes to the existing house proposed to be removed (3200 Pilot Knob Road) should be abandoned in accordance with City engineering standards. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation - Street access is proposed from a private street cul-de-sac that will connect with Jurdy Road. A private street turnaround is proposed in accordance with requirements of the City Fire Marshal. Dakota County is requesting an 86 foot wide right-of-way to be dedicated with plat. Easements/ Permits/ Right-of-Way- A portion of the proposed public storm sewer and ponding is located on private property outside this development (Lot 2, Block 1 Effress Addition). The Planning Report - Schwanz Addition March 23, 2004 Page 6 developer should obtain public drainage & utility easement from the private property allowing for this storm sewer and ponding area, prior to final subdivision approval. A portion of the proposed street turnaround is also within private property outside this development (Lot 2, Block 1 Effress Addition). The developer should provide evidence of a private easement agreement allowing for this turnaround, in a form acceptable to the City Attorney, prior to Final Subdivision approval. Wetlands/Water Quality - The developer's consultant is working with the Water Resources Division to address stormwater runoff issues from the 2.5-acre site. Originally proposed not to include any treatment of stormwater from the site, grading plans are being revised to include a small treatment pond directly south of the parcel. This plan will be reviewed at the next meeting of the Advisory Parks Commission. There are no wetlands on this parcel. Tree Preservation - The proposed tree preservation plan indicates tree removal of about 99 percent. Tree mitigation is required for this site. The tree mitigation plan submitted at the time of this report was incomplete. This subdivision will be before the Advisory Parks and Recreation Commission on April 19, 2004, it is anticipated the tree mitigation issues will be resolved by then. Parks and Recreation - The proposed subdivision is subject to a cash park and cash trails dedication. SUMMARY/CONCLUSION The applicant is requesting approval of a preliminary subdivision to create 8 twin home lots (four twinhomes). The proposed twinhomes meet all R-2 bulk standards. The Zoning Ordinance allows a maximum building coverage of 20 percent. Overall, the site achieves the intent of this standard; however, as proposed (based on individual lot calculation) lots 2 through 7 will have a building coverage of 23 percent. The developer is dedicating one acres of the 2.5 acre site as public right-of-way. The necessity of a variance to the building coverage is a policy matter to be determined by City Officials. Access to the development will be via Jurdy Road to a private cul-de-sac. Existing direct access to Pilot Knob will be removed and will not be permitted. A portion of the proposed street turnaround is also within private property outside this development (Lot 2, Block 1 Effress Addition). The developer should provide evidence of a private easement agreement allowing for this turnaround, in a form acceptable to the City Attorney, prior to final subdivision approval. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create 8 twin home lots (Schwarz Addition) for property located at 3200 Pilot Knob Road. If approved, the following conditions should apply. 2 Planning Report - Schwanz Addition March 23, 2004 Page 7 1) The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1,2,3,4, C1,2,4, D1, El. 2) The property shall be platted. 3) Architectural designs and construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA . 4) Sewer and water service pipes to the existing house to be removed (3200 Pilot Knob Road) shall be abandoned in accordance with City engineering standards. 5) All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 6) The developer shall obtain the necessary public drainage & utility easement allowing for the proposed storm sewer and ponding area on Lot 2, Blockl Effress Addition, prior to final subdivision approval. 7) The developer shall provide evidence of a private easement agreement allowing for the private street turnaround on Lot 2, Block 1 Effress Addition, in a form acceptable to the City Attorney, prior to final subdivision approval. 8) The development is subject to cash park and trails dedication. To recommend approval of a 3 percent Variance to allow Lots 2 through 7 a building coverage of 23 percent, for the Schwartz Addition. If approved the following conditions shall apply: 1) If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. i STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ?5- 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTSOS STANDARD.CON q~ FINANCIAL OBLIGATION-Schwanz Addition- Preliminary Subdivision There are pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk S.F. $1,000/Lot 6 Lots $6,000 Water lateral S.F. 24.85/F.F. 260 F.F. 6,461 Storm Sewer Trunk S.F. .095/Sq. Ft. 30,300 Sq. Ft. 2,853 Storm Sewer Lateral S.F. .095/Sq. Ft. 30,300 Sq. Ft. 2,853 Total $18,167 Tuesday, February 17, 2004 Preliminary Subdivision Submittal Requirements: Written Narrative This in regards to the development of 2 parcels briefly described as follows: P/0 NW '/4 & SW 10-278-23. This is a combination of two parcels of land that is presently designated as medium density and zoned R-2 single family. The proposal is to keep these two parcels designated and zoned as they are presently. Presently there is a single family home on one parcel that will be demolished and all ordinances adhered to regarding demolition of said home. This properly is adjacent to twin homes to the east, apartments to the east and south east, single family homes to the northeast of the twin homes and single family homes to the north of said development across Jurdy Road. Directly West of proposed development is Pilot Knob road and Unisys Park. The proposed development will consist of one phase, be completed by year end 2005 and will include construction of a private road from Jurdy Lane and construction of four twin home buildings equaling eight units and shall be maintained by an association. ?001 i Eagan Boundary Location Map I Street Centerline Parcel Area Building Footprint q m 6 i Q- q fie; A IF a ® P Ogg A- A ® a 9 LA ® N $ pae, 40 o ofd -4 LJ w 01 !I/j vim t% „ Subject Site - P _ 's V UZI Erm / D 1 I nnn 1000 0 1000 2000 Feel DevelopmentlDeveloper: Wenzel Financial Application: Preliminary Subdivisio / Case No.: 10-PS-02-02-04 Map Prepared using ERSI ArcYew 3.1. Parcel base map data provided N by Dakota County Office of GIS and Is current as of January 2004, THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E CSC 01' C~Qn • a' The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Schwanz Addition Land Use Map Case No. 10-PS-02-02-04 PF Zoning Map ~ R-i RD R-1 P Current Zoning: R-3 R-2 R-2 R-4 Residential Double P R-4 PD mat` o' PD r D r~ r Ga LB cos o too +zos r..t RD PO Comprehensive Guide Plan ° LD LD Land Use Map SA LD MD Current Land Use Designation: SA SA MD Medium Density Residential (412units/acre SA SA ~P T~ 2 SA SA coo o coo +xoo re.t SA SA Oft N Parcel bas map information pro ekota county Lend S-cy Departmert June 2003. g nformation mainbined byGf[y SLK City of Eagan Z , W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S I ,D7]I•rM}MOf ."IYR3 YM 4°°C R• 'L,°?~ N•,D YHr '1MiW lnyv O[K D K:swtxal a, W s T, IN -3 mGz .ti -On s.saq~oig tajegog m - g z 1RA N, T.u••9 i• Zk 'i Q M)/ \ ~ ~ e V x. ~ p Z St101,3,dns / SH33NtDN3 / SUNWd suD13tpvo~ 8ai3scxg F U i save Z. 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PRELIMINARY LANDSCAPE PLAN : PLANNERS / ENpNEERS /SURVEYORS = role bOR l C R R 3- 12M 9- W =7 Y - - m ' male cntma-W4 At (Me 62" Schafer Brothers w y.~0 M.:'.IL fa.1, ..fA amp +aa.3 r fWll ~B_ aw ryw JR..CON.K.Ca. ..n~.'zR) lr! rqf-WfiSi) 7 pu uocs •u.~N~ run .w. •.mm y.ar. m.. ccSSS °n fim.ry 9C1 rK 'Lr \ W Y a0C .w 7 uaq~olg laJIIgas _ Hii SNOA3Aart ul sauie~ 533H3ULL a NoI,1IQQV ZAIVAIHJS z r z 3 ~s 7 x 3zz`3 - V ~ L yf</1~ to Qo~ - 03v>>3f ELM = ~ ~Sa4 20 23 -T r~E'377m Try-m~<- x x z•cg ° % m m m m m p F t x ¢ ¢¢¢¢¢m~i p ig F m n. e. a F a m e c ~9 i . of rf +co o-m ad ~`e.~i Q`a~ , Cf) E-i ^o I I! \ I \ y a-- N 1:. r4 Ld LLJ H C z o I+u~uuu~iinuuuunuiuiuu~umuuuuuniuunu - - - - r- ^ N e c 1 / 'a ii- W w v - - f - N Z~ 7 U W f-••1 w w .....;,axon .,f.:(`-•)...",~ a.oa io•w` ^z' Q OU - Q W o y o LL `~szaH ; C to u Ely- 2 a ~o ~ 3 2 y _ m CD I C m ri Pti 9au~ yal!d 2 I, 3 Q 'j m T°I Co Z L mtd Trt L•- a W -j C5 z UG, _ d PIJ /r +rJ Pao ua ~oacbri:Ln RC ~ U MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA March 23, 2004 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 23, 2004 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Hansen, Bendt, Gladhill, and Leeder. Also present were City Planner Mike Ridley, Planner Sheila Cartney, City Attorney Bob Bauer, Assistant City Engineer John Gorder, and Recording Secretary Camille Yungerberg. AGENDA Chair Heyl stated Item D on the Agenda was withdrawn. Member Bendt moved, Member Hansen seconded a motion to adopt the Agenda as amended. All voted in favor. Motion carried 5-0. February 24, 2004 ADVISORY PLANNING COMMISSION MEETING MINUTES Chair Heyl stated on page three, the vote count should reflect that she abstained from voting on the item. Member Leeder moved, Member Bendt seconded a motion to approve the February 24, 2004 Advisory Planning Commission Meeting minutes as amended. All voted in favor. Motion carried 5-0. III. PUBLIC HEARINGS A. PRELIMINARI' SUBDIVISION - WENZEL FINANCIAL A Preliminary Subdivision (Schwanz Addition) of approximately 2.57 acres to create four twin homes on property located at 3200 Pilot Knob Road in the SW % of Section 10. Planner Cartney introduced this item and highlighted the information presented in the City Staff repor dated March 17, 2004. She noted the background and history. Chair Heyl opened the public hearing. Richard Le May, 1385 Jurdy Road stated he would like explanation of the access to Pilot Knob Road. City of Eagan Advisory Planning Commission Meeting Minutes March 23, 2004 Page 2 City Planner Ridley stated the access is not available from Pilot Knob Road; therefore access is required from Jurdy Road. Mr. Le May stated the access from Jurdy Road is not acceptable. F.B. Daniel, 1379 Jurdy Road stated agreement with Mr. Le May and stated concern for the plan o access to the development. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer John Gorder stated the right of way would be given to those using Jurd). Road. He stated the storm water ponding for the site would be located on the apartment property tc the south, which is also owned by Wenzel Financial John Wingard, Engineer for the project discussed the access and stated the proposed access fron Jurdy Road is the best solution for access. He `explained that the unit positioning is designed so tha there can be eight units with walk out basements. He stated eliminating' a unit would not be cos effective. He explained that the first lot is larger because of the set back requirements and the last to is larger in order to accommodate the turn around. City Attorney Bob Bauer suggested that a condition be added that states: the developer shall provid( evidence of a declaration of easement establishing the access to the lots and maintenance of the private road. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of Preliminary Subdivision (Schwanz Addition) of approximately 2.57 acres to create four twin home; and a 3 percent Variance to allow Lots 2 through 7 a building coverage of 23 percent, for the Schwanz Addition on property located at 3200 Pilot Knob Road in the SW %4 of Section 10 subject t( the following conditions as amended: 1) The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1,2,3,4, C1,2,4, D1, E1. 2) The property shall be platted. 3) Architectural designs and construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA. 4) Sewer and water service pipes to the existing house to be removed (3200 Pilot Knob Road) shall be abandoned in accordance with City engineering standards. City of Eagan Advisory Planning Commission Meeting Minutes March 23, 2004 Page 3 5) All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 6) The developer shall obtain the necessary public drainage & utility easement allowing for the proposed storm sewer and ponding area on Lot 2, Block1 Effress Addition, prior to final subdivision approval. 7) The developer shall provide evidence of a private easement agreement allowing for the private street turnaround on Lot 2, Block 1 Effress Addition, in a form acceptable to the City Attorney, prior to final subdivision approval. 8) The development is subject to cash park and trails dedication. 9) The developer shall provide evidence of a declaration of easement establishing the access to the lots and maintenance of the private road. Variance 1) If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. All voted in favor. Motion carried 5-0. Agenda Information Memo April 20, 2004, Eagan City Council Meeting B. INTERIM USE PERMIT - SOWLES PROPERTIES ACTIONS TO BE CONSIDERED: Continue the item to the May 18, 2004 regular City Council meeting. REQUIRED VOTE FOR APPROVAL Majority of Quorum FACTS: ➢ Following the City Council Workshop on April 13, 2004 the applicant has requested the item be continued. ATTACHMENTS (1): Letter requesting continuance on page //0. X09 6512879785 APR.16.2004 8:12AM VALLEY BUILDING 651-287-9785 N0.277 P.1i1 SOWLES PROPERTIES LIMITED PARTNERSHXP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 EAGAN, MINNESOTA 55121-1602 FAX TRANSMITTAL, April 16, 2004 To: Mike Ridley City of Eagan Fax #651.675.5694 From: Jack Romsaas DD - 651.297.9796 Re: Interim Use Permit Application We request our Interim Use Permit Application be continued to the Tuesday, May 18, 2004 City Councii Meeting. Feel free to call should there be any questions. Cc: Lary Sowles Dan Sowles i Agenda Information Memo April 20, 2004 Eagan City Council Meeting C. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To adopt an Ordinance Amendment modifying Chapter 13, Section 13.40, Subd. 3, regarding Variances. FACTS: ➢ At their regular meeting of March 16, 2004, the City Council directed the City Attorney's office to prepare an ordinance amendment suitable for publication to modify Chapter 13, Section 13.40, Subd. 3 regarding Variances. ➢ The City's update of Chapter 11 (Zoning) included updating the process for Variance requests. Chapter 13 (Subdivision & Platting) also has a Variance procedure that is now conflicting with the stated process found in Chapter 11. ➢ The Advisory Planning Commission held the Public Hearing and recommended approval of the amendment at their meeting on March 23, 2004. ISSUES: None ATTACHMENTS: (1) Amendment on pages through ff? City of Eagan Advisory Planning Commission Meeting Minutes March 23, 2004 Page 12 G. ORDINANCE AMENDMENT - CITY OF EAGAN An Ordinance Amendment to modify Chapter 13 Entitled "Subdivision Regulations (Platting)" Chapter 13.40, Subd. 3, regarding Variances, to be consistent with the updated Chapter 11 stated process for Variance requests. Senior Planner Ridley introduced this item and highlighted the information presented in the Memorandum dated February 9, 2004 regarding: Ordinance Amendments Section 4.20 and Sectior 13.40, Subd. 3. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion bacl to the Commission. Member Leeder moved, Member Bendt seconded a motion to recommend approval of an Ordinanc( Amendment to modify Chapter 13 Entitled "Subdivision Regulations (Platting)" Chapter 13.40, Subd 3, regarding Variances, to be consistent with the updated Chapter 11 stated process for Varianc( requests. All voted in favor. Motion carried 5-0. 1V. OTHER BUSINESS Senior Planner Ridley stated there would not be an Advisory Planning Commission workshop in April, 2004. V. VISITORS' TORE HEARD (FOR ITEMS NOT ON THE AGENDA) There were no visitors to be heard for items not on the agenda. VI. ADJOURNMENT Member Bendt moved, and Member Leeder seconded a motion to adjourn the Advisory Planning Commission meeting at 7:55 p.m. All voted in favor. Motion carried 5-0. Respectfully Submitted by: i SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Mira McGarvey, Deputy Clerk FROM: Sharon K. Hills, City Attorney DATE: February 9, 2004 RE: Ordinance Amendments - Section 4.20 and Section 13.40, subd. 3 In accordance with the City Council's directive at its January 20, 2004 meeting, attached please find an ordinance amendment deleting Section 4.20 regarding replacement, erection and maintenance of signs and an ordinance amendment amending Section 13.40, subd. 3, regarding variance request procedures. Should you have any questions concerning either of these ordinance amendments, please feel free to contact me. SKH/jlt ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY AMENDING SECTION 13.40 REGARDING VARIANCES AND WAIVERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 13 is hereby amended by adding Section 13.40, subd, 3, to read as follows: Subd. 3. Variances and waivers. A. PuE ose. T Eeuncil- may, a€teemod r-eee renda4ieft by-thug ee ssio gfafrtN ees - of the pr-evisiens of dkis of the r .,.,,latiens of this ehapte along B. Petition. A petition for- a var-ianee of platting shffill h-1-Q -fi-11-Nd *4th the Gjt~' platting, . r- of the o sWdy eeneeming the effeet of the proposed vaFianee or- waiver- of pla#iag upon the eempr-ehensive plan and ea the ehar-aeter- and develepment ef the neighbor-hood and planning eemmission shall make its reeeFffnendatien v4d4n 60 days after- t request-is r-e€eiTed to itand, -after- that tifne, the eouneil et ,;t,,e t +l,o location, ehar-aeter- ar- other featffes of the proposed pla4 as it may deem advisable. it deems it-neaesj3afy er- advisable. he pieeed ufes-i ' the notiee and ••ubli" hearing eenditiens applying te the sti-aetafes or- land in question are paftieulaf to sue pr-epeAy and do not apply generally to other lafid or- stnaetur-es in the distfiet ifi +.1, a said land is lee tnrl' and that the granting of the pfepesed ~ var-i o I saiwenienee to the s diffieukies, E. De€effal-t6the-p1> 3gE6m iiss e . 2-6euneil may refer afiy yarta ee er- waive G. Lapse of variance. A ~;gver- beeatmes veid two years after- it was gr-ai4e tHgess made use ef %id& the ~we year- period er- sueh longer- t4me peried as the A. Purpose. The council may grant variances from the strict application of the provisions of the applicable Code provisions and impose conditions and safeguards in the variances so granted where practical difficulties or particular hardships result from glMing~ out the strict letter of the regulations of such Code provisions. B. Procedures. 1. Request for a variance shall be filed with the city on the city's application form. The application shall include a statement of the exceptional conditions and the peculiar and practical difficulties claimed as a basis for the need for a variance and shall be accompanied by a non-refundable fee as established by council resolution. The application shall also be accompanied by sufficient copies of detailed, written andg_raphic materials necessary for the explanation of the request, together with a list of property owners affected or within 350 feet of the outer boundaries of the subject property. The request shall be considered as being officially submitted when all the information requirements are complied with. 2. The city council shall hold a public hearing to review each request for a variance and shall approve or deny the request within 60 days of the filing of a completed application, unless extended in a manner consistent with Minn. Stat. & 15.99. All owners of property located within 350 feet of the outer boundaries of the subject property shall be mailed a notice of the request for variance and the date and time of the city council's public hearing. In cases when a variance to a regulation is requested with other applications for public hearing before the advisory planning commission, the advisory l planning commission shall make a reco_mmen_datio_n_ to grant or deny the variance application to the city council. 3. The city council may approve, approve with conditions or deny a request for a variance. In consideringL all requests for a variance, city council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply- generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of properly have no control. b. The literal interpretation of the provisions of this Code would deprive the Uplicant property use commonly enjoyed b other properties in the same district under the provisions of this Code. C. That special conditions or circumstances do not result from the actions of the applicant. d. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. C. Lapse of variance or appeal. Whenever within one year after granting a variance or appeal the use as permitted by the variance or appeal shall not have been completed or utilized, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the council. Such extension shall be requested in writing and filed with the city clerk at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal. D. Reapplication. No application of a property owner for a variance shall be considered within a period of one year following a denial of such request, except that a new application may be permitted if new evidence or a change of circumstances warrant it. 146 Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 13.40, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: Deputy Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: //7 Agenda Information Memo April 20, 2004 Eagan City Council Meeting NEW BUSINESS D. PROVIDE STAFF DIRECTION REGARDING RETAIL SALES OF NON- EXPLOSIVE/NON-AERIAL FIREWORKS PERMIT AND FIREWORKS DISPLAY PERMIT ACTION TO BE CONSIDERED: 1. To direct staff to prepare an ordinance requiring retailers to obtain a permit for the sale of fireworks subject to the regulations of S.S. 624.20 l.to 624.25. 2. To direct staff to proceed with an agreement that would allow the City of Eagan to issue permits for fireworks displays. FACTS: • The sale, possession, and use of some non-explosive and non-aerial consumer fireworks are now permitted in Minnesota. • Explosive and aerial fireworks are still prohibited for public sale, possession, and use in Minnesota. • The City of Eagan has adopted the Minnesota State Fire Code (M.S.F.C.). • The M.S.F.C. and Minnesota Statute allows jurisdictions to require permits for retail sales of fireworks. • The issuance of a permit would be a productive code enforcement tool, as well as a tracking mechanism for retail sales of fireworks in Eagan. • Minnesota Statute 624.20 sets the maximum permit charge for retail stands selling only fireworks at $350/year. For other retailers (i.e. Target, Wal-Mart, gas stations etc.) that sell retail fireworks, the maximum permit fee would be $100. • Issuance of indoor fireworks display permits are currently the responsibility of the Minnesota State Fire Marshal. (M.S.F.M.) • Minnesota Statute 624.22 permits the M.S.F.M. to delegate the fireworks display permit responsibility to local fire chiefs. • Twenty-one cities in Minnesota have been delegated the permitting and inspection responsibilities. • First hand knowledge of fireworks displays would benefit both the Fire Department and Protective Inspections Division. ATTACHMENTS: • Staff report on page. • June 5, 2003 memorandum from Sharon K. Hills, City Attorney, on pages )Qthrough La..L• •M~a 28, 2003 State Fire Marshal Division Fireworks Fact Sheet on pages I ~0 through ~l g COMMUNITY DEVELOPMENT REPORT SUMMARY OF REQUEST Community Department staff is requesting the City Council to consider: 1. Requiring retailers of exempt fireworks to obtain a permit from the City. 2. Authorize staff to issue permits for fireworks displays (pyrotechnics). Currently, the State Fire Marshal is required to issue permits for indoor pyrotechnics displays; however this responsibility can be delegated to the local authority. BACKGROUND 1. Recent legislation allows the sale of certain non-explosive/non-aerial fireworks. City Attorney Sharon Hills June 5, 2003 memorandum states that local municipalities are allowed to require permits for these exempt fireworks. Our department believes that the issuance of permits would be a great tool to enforce the Minnesota State Fire Code rules for the storage and handling of such devices. Currently, we have no idea how many retail outlets include exempt fireworks as part of their product lines. The Fireworks Fact Sheet from the State Fire Marshal Division and the memorandum from Sharon Hills state that the maximum permit fee for retail stands selling only exempt fireworks is capped at $350.00. For other retailers, (i.e. Target, Wal-Mart, gas stations etc.) that sell retail exempt fireworks, the maximum permit fee is capped at $100.00. 2. The tragic fire in a Rhode Island nightclub and a similar event with a different outcome at the Fine Line Music Cafe in Minneapolis prompted our department to look closer into the possibility of analogous events occurring in Eagan. These fires reinforce the lifesaving benefits of fire sprinkler systems. The Rhode Island fire involved pyrotechnics in an unsprinklered structure with questionable wall finish material. The rapid rate of fire and the propensity for occupants to exit via the main entrance doors rather than the closest exits were major factors in the significant loss of life. Fortunately, we have not identified any structures with these similarities in Eagan. Subsequent to these fires, we have performed inspections of known sites that have used indoor pyrotechnics, as well as establishments with a potential to use these displays. Indoor pyrotechnics could be used in schools, churches, bars, or other establishments that have performances. In an effort to more closely monitor pyrotechnics displays, we would like responsibility for issuing permits for indoor displays to be delegated to the City of Eagan by the State Fire Marshal. A permit fee of $100.00 should cover the expenses involved in this process. Additional fees may apply if multiple site inspections are required due to the complexity or duration of an event. > t 9 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: ale Schoeppner, Chief Building Official FROM: Sharon K. Hills, City Attorney DATE: June 5, 2003 RE: Fireworks Regulations Our File No. 206-21309 In response to your memorandum dated May 27, 2003, regarding proposed permit regulations for fireworks display and retail sale of non-explosive/non-aerial fireworks type products. I provide the following comments and recommendations: I. Definition of Fireworks. The sale, possession, use, and explosion of fireworks are regulated by Minn. Stat., §§624.20 to 624.25. These regulations further provide for a permit process for fireworks displays, including indoor and outdoor displays, as well as licensing authority to cities for retail sale of certain non-fireworks products. At the outset, it is important to note that not all products that sparkle or burn are "fireworks" subject to the regulations of §§624.20 to 624.25. Specifically, during the 2002 Legislative Session, the Legislature exempted certain products from the definition of "fireworks," which in effect would make it lawful to use, sell, possess or ignite. These products are very limited, however, consisting of wire or wood sparklers containing not more than 100 grams of explosive mixture; other non-explosive and non-aerial sparkling products that contain no more than 75 grams of chemical mixture; snakes and glow worms; smoke devices (smoke bombs); and or trick noise makers. Because these items are not "fireworks" as the term is defined by Minnesota Statutes, it is imperative that the tern "fireworks," not be utilized in the context of any regulations regarding a permit for retail sales of such products. 2. Fireworks Display Permit. In response to the Rhode Island pyrotechnic fire, City staff is proposing a City Code provision requiring indoor and outdoor fireworks display permit. For purposes of this discussion, the term "fireworks" is limited to those products as defined by Minn. Stat. §624.20 and does not include those items .specifically excluded from the definition. In researching Minn. Stat. 624.20 to 624.25, it is our office's opinion that a City ordinance requiring a fireworks display permit is not required. First, the state statute already makes it unlawful for any person to sell, possess, use or explode (display) any fireworks unless the person holds a valid fireworks display permit. The State statute also sets forth the permit process. i Secondly, during the 2003 Legislative Session, which just adjourned within the last few days, the Legislature has amended the fireworks display permit regulations which are applicable to the issues raised in the City staff memorandum. Specifically, under the new statutory amendments to §624.22, the Legislature distinguished between outdoor fireworks displays and indoor fireworks displays (indoor pyrotechnic displays). Prior to the amendment, the statute provided that a permit for any fireworks display shall be obtained from the local government unit. However, under the new language, a local government unit is responsible for only outdoor fireworks display permits, while indoor fireworks display permits are the responsibility of the State Fire Marshall. Under the statutory mandates, the State Fire Marshall must receive and process indoor fireworks display permit applications, inspect the properties for which the permit is sought, and notify the local fire chief of the permit. The new language does permit the State Fire Marshall to grant a local fire chief the authority to issue permits for indoor fireworks displays; however, if the City decides not to assume the authority or responsibility of issuing indoor fireworks display permits, then the responsibility remains with the State Fire Marshall. In summation, a City ordinance to require and regulate outdoor fireworks display permits is not required as all of the regulatory provisions are set forth in the state statutes. In regard to a City ordinance for indoor fireworks display permits, the permitting process falls within the authority and responsibility of the State Fire Marshall, unless the City decides to accept the authority to issue the permits as delegated by the State Fire Marshall. If the City decides not to accept responsibility as delegated, then the permitting process remains with the State Fire Marshall. 3. Permits for Retail Sales of Exempt Fireworks. As stated above, certain sparkling or ignited products do not constitute "fireworks" under the state regulations in Minn. Stat. §§624.20 to 624.25. For purposes of this Memorandum, I will refer to those products that are specifically excluded from the definition of "fireworks" as "exempt fireworks." During the 2002 Legislative Session, the Minnesota Legislature removed certain products from the definition of fireworks which in turn, authorized the use, explosion, possession, and sale of those products. During the 2003 Legislative Session, the Minnesota Legislature passed into law a city's right to require an annual license for the sale of "exempt fireworks." Under the new law, the annual license fee may not exceed $350.00 and the City may not prohibit or restrict the display for retail sale those products that comply with the National Fire Protection Association Standards or impose any financial guarantee requirements upon a licensed retail seller. Unlike the fireworks display permit process, the State statute does not provide for the license or permit process. Therefore, if it is the City's desire to require a license for the retail sale of "exempt• fireworks," then an ordinance should be enacted by City Council. In conclusion, I have enclosed for your reference a copy of Minn. Stat_ §§624.20 to 624.25, including a copy of the Legislative bills that were passed in 2003. SKH/jlt cc: Tom Hedges, City Administrator Craig Jensen, Fire Chief -Eagan Fire Department 4innesota Statutes 2002, Chapter 624. ;opyright 2002 by the Office of Revisor of Statutes, State of Minnesota. :=624 .01 624.01 Repealed, 1995 c 186 s 103 -624 .02 624.02 Repealed, 1985 c 212 s 27 ==624.03 624.03 Repealed, 1995 c 186 s 103 ==624.04 624.04 Service of process on the Sabbath prohibited. Every service of legal process upon the Sabbath day, except in case of a breach or apprehended breach of the peace, or when sued out for the apprehension of a person charged with crime, or where such service is expressly authorized by statute, is hereby prohibited. HIST: (10237) RL s 4983 Q ==624.20 A~~~.~~a Z~b3- t~.?-j-a.. C_ 624.20 Fireworks. Subdivision 1. (a) As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph (c), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture. (c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 2Q0 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted.on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. httn://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/3/2003 1 Subd. 2. As used in sections 624.20 to 624.25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration. HIST: 1941 c 125 s 1; 1988 c 584 s 2; 2002 c 350 s 1 -624.21 624.21 Sale, possession, and use of fireworks prohibited. Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only. HIST: 1941 c 125 s 2; 1963 c 818 s 1; 1962 c 440 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17 ==624.22 624.22 Fireworks displays; permit; operator O0 C`ss~ 'a+ certification. Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 624.20 to 624.25 do not prohibit the supervised display of fireworks by a statutory or home rule charter city, fair association, amusement park, or other organization, except that: (1) a fireworks display may be conducted only when supervised by an operator certified by the state fire marshal; and (2) a fireworks display must either be given by a municipality or fair association within its own limits, or by any other organization, whether public or private, only after a permit for the display has first been secured. (b) An application for a permit must be made in writing to the municipal clerk at least 15 days in advance of the date of the display and must list the name of an operator who is certified by the state fire marshal and will supervise the display. The application must be promptly referred to the chief of the fire department, who shall make an investigation to determine whether the operator of the display is competent and is certified by the state fire marshal, and whether the display is of such a character and is to be so located, discharged, or fired that it will not be hazardous to property or endanger any person. The fire chief shall report the results of this investigation to the clerk. If the fire chief reports that the operator is certified, that in the chief's opinion the operator Io~ 3 http://www.revisor.leg.state.mn.us/egi-bin/getstatchap.pl 6/3/2003 is competent, and that the fireworks display as planned will conform to the safety guidelines of the state fire marshal provided for in paragraph (e), the clerk shall issue a permit for the display when the applicant pays a permit fee. (c) When the supervised fireworks display for which a permit is sought is to be held outside the limits of an incorporated municipality, the application must be made to the county auditor, and the auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the municipality. When an application is made to the auditor, the county sheriff shall perform the duties imposed on the fire chief of the municipality by sections 624.20 to 624.25. (d) After a permit has been granted, sales, possession, use and distribution of fireworks for a display are lawful for that purpose only. A permit is not transferable. (e) The state fire marshal shall adopt and disseminate to political subdivisions rules establishing guidelines on fireworks display safety that are consistent with sections 624.20 to 624.25 and the most recent editions of the Minnesota Uniform Fire Code and the National Fire Protection Association Standards, to insure that fireworks displays are given safely. In the guidelines, the state fire marshal shall allow political subdivisions to exempt the use of relatively safe fireworks for theatrical special effects, ceremonial occasions, and other limited purposes, as determined by the state fire marshal. Subd. 2. Operator certification requirements. (a) An applicant to be a supervising operator of a fireworks display shall meet the requirements of this subdivision before the applicant is certified by the state fire marshal. (b) An applicant must be at least 21 years old. (c) An applicant must have completed a written examination, administered or approved by the state fire marshal, and achieved a passing score of at least 70 percent. The state fire marshal must be satisfied that achieving a passing score on the examination satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally recognized standards concerning safe practices for the discharge and display of fireworks. (d) An applicant shall apply in writing to the state fire marshal by completing and signing an application form provided by the state fire marshal. (e) An applicant shall submit evidence of experience, which must include active participation as an assistant or operator in the performance of at least five fireworks displays, at least one of which must have occurred in the current or preceding year. Subd. 3. Certification application; fee. An applicant shall submit a completed initial application form including references and evidence of experience and successful completion of the written examination. Applicants shall pay a certification fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall /a V http://www.revisor.leg.state.=.us/cgi-bin/getstatchap.pl 6/3/2003 1 review the application and send to the applicant written confirmation or denial of certification within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance. Subd. 4. Classification. When an applicant has met the requirements of subdivisions 2 and 3, the state fire marshal shall certify and classify the operator for supervising proximate audience displays, including indoor fireworks displays, for supervising traditional outdoor fireworks displays, or for supervising both types of displays, based on the operator's documented experience. Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks display is organized and operated in accordance with the state fire marshal's guidelines described in subdivision 1. Subd. 6. Reports. (a) The certified operator shall submit a written report to the state fire marshal within ten days following a fireworks display conducted by the operator if any of the following occurred: (1) an injury to any person resulting from the display of fireworks; (2) a fire or damage to property resulting from the display of fireworks; or (3) an unsafe or defective pyrotechnic product or equipment was used or observed. (b) The certified operator shall submit a written report to the state fire marshal within 30 days following any other fireworks displays supervised by the operator. (c) The state fire marshal may require other information from operators relating to fireworks displays. Subd. 7. Operator certification'renewal. An applicant shall submit a completed renewal application form prepared and provided by the state fire marshal, which must include at least the dates, locations, and authorities issuing the permits for at least three fireworks displays participated in or supervised by the applicant and conducted during the past four years. An applicant shall pay a certification renewal fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification renewal within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance. Subd. 8. Suspension, revocation, or refusal to renew certification. The state fire marshal may suspend, revoke, or refuse to renew certification of an operator if the operator has: (1) submitted a fraudulent application; (2) caused or permitted a fire or safety hazard to exist or http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/3/2003 occur during the storage, transportation, handling, preparation, or use of fireworks; (3) conducted a display of fireworks without receipt of a permit required by the state or a political subdivision; (4) conducted a display of fireworks with assistants who were not at least 18 years of age, properly instructed, and continually supervised; or (5) otherwise failed to comply with any federal or state law or regulation, or the guidelines, relating to fireworks. Subd. 9. Database. The commissioner of public safety shall maintain a database of the information required under this section for purposes of (1) law enforcement, (2) investigative inquiries made under subdivision 1, and (3) the accumulation and statistical,analysis of information relative to fireworks displays. HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art 1 s 23 ==624.221 624.221 Exemptions for license or permit holder. Sections 624.20, 624.21, and 624.23 to 624.25 do not apply to: (a) the holders of a federal explosives license or permit issued pursuant to United States Code, title 18, chapter 40, or their agents when the holder or agent is acting in compliance with the conditions of licensure; or (b) the holders of permits issued pursuant to section 624.22 or their agents, from the date of issuance until 20 days after the date of exhibition authorized by the permit, when the holder or agent is acting in compliance with the conditions of the permit and section 624.22. HIST: 1988 c 584 s 4 ==624.23 624.23 Construction of sections 624.20 to 624.25. Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler, dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by airplanes and railroads, or other transportation agencies for signal purposes or illumination; or the possession, sale, or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or for use as a bird or animal repelling device. HIST: 1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5 ==624.24 httn://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pi 6/3/2003 1 linnesota Statutes 20U'l, 624.24 Minnesota Statutes 2002. Table of Chapters -able of contents for Chapter 624 624.24 Officers may seize illegal fireworks. The state fire marshal, or any sheriff, police officer, constable, or local fire marshal, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of sections 624.20 to 624.25. HIST: 1941 c 125 s 5 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.nin.us/stats/624/24.htinl 6/3/2003 1lnnesoia maimes LvvL, bL4.1-3 Tinnesota Statutes 2002. Table of Chapters 'able of contents for Chapter 624 624.25 Violation. Any person violating the provisions of sections 624._20 to 624.24 may be sentenced as follows: (1) if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both; (2) if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and (3) if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both. HIST: 1941 c 125 s 6; 1988 c 584 s 6 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. ~ /0 http://www.revisor.leg.state.mn.us/stats/624/25.htm1 6/3/2003 1 .r iNo. yuD, .era P_ngrossment _ 74.1 Sec. 6. Minnesota Statutes 2002, section 624.20, 74.2 subdivision 1, is amended to read: 74.3 Subdivision 1. (a) As used in sections 624.20 to 624.25, 74.4 the term "fireworks" means any substance or combination of .74.5 substances or article prepared for the purpose of producing a .74.6 visible or an audible effect by combustion, explosion, ;74.7 deflagration, or detonation, and includes blank cartridges, toy ;74.8 cannons, and toy canes in which explosives are used, the type of ;74.9 balloons which require fire underneath to propel them, 174.10 firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 374.11 sparklers other than those specified in paragraph (c), or other 374.12 fireworks of like construction, and any fireworks containing any 374.1-3 explosive or inflammable compound, or any tablets or other 374.14 device containing any explosive substance and commonly used as 374.15 fireworks. 374.16 (b) The term "fireworks" shall not include toy pistols, toy 374.17 guns, in which paper caps containing 25/100 grains or less of 374.18 explosive compound are used and toy pistol caps which contain 374.19 less than 20/100 grains of explosive mixture. 374.20 (c) The term also does not include wire or wood sparklers 374.21 of not more than 100 grams of mixture per item, other sparkling 374.22 items which are nonexplosive and nonaerial and contain 75 grams 374.23 or less of chemical mixture per tube or a total of 200 grams or 374.24 less for multiple tubes, snakes and glow worms, smoke devices, 374.25 or trick noisemakers which include paper streamers, party 374.26 poppers, string poppers, snappers, and drop pops, each 374.27 consisting of not more than twenty-five hundredths grains of 374.28 explosive mixture. The use of items listed in this paragraph is 374.29 not permitted on public property. This paragraph does not 374.30 authorize the purchase of items listed in it by persons younger 374.31 than 18 years of age. The age of a purchaser of items listed in 374.32 this paragraph must be verified by photographic identification. 374.33 (d) A local unit of government may impose an annual license 374.34 fee for the retail sale of items authorized under paragraph 374.35 (c). The annual license fee of each retail seller that is in 374.36 the business of selling only the items authorized under 375.1 paragraph (c) may not exceed $350, and the annual license of 375.2 each other retail seller may not exceed $100. A local unit of 375.3 government may not: 375.4 (1_) impose any fee or charge, other than the fee authorized 375.5 by this paragraph, on the retail- sale of items authorized under 375.6 paragraph (c); 375.7 (2) prohibit or_restrict the display of items for permanent 375.8 or temporary retail sale authorized under paragraph (c) _that 375.9 comply with National Fire Protection Association Standard 1124 375.10 (2003 edition); or 375.11 (3) impose on a retail seller any financial guarantee 375.12 requirements, including bonding or insurance provisions, 375.13 containing restrictions or conditions not imposed o_n the same 375.14 basis on all other business licensees. 375.15 (EFFECTIVE DATE.) This section is effective the day 375.16 following final enactment. 1 Coo- / http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?version=latest&session=ls83&number=S905 6/3/2003 iin ~.r.~ tvvs sps ist 40.14 Sec. 28. Minnesota Statutes 2002, section 624.22, 40.15 subdivision 1, is amended to read: 40.16 Subdivision 1. (GENERAL REQUIREMENTS; PERMIT; 40.17 INVESTIGATION; FEE.) (a) Sections 624.20 to 624.25 do not 40.18 prohibit the supervised display of fireworks by a statutory or 40.19 home rule charter city, fair association, amusement park, or 40.20 other organization, except that: 40.21 (1) a fireworks display may be conducted only when 40.22 supervised by an operator certified by the state fire marshal; 40.23 and 40.24 (2) a fireworks display must either be given by a 40.25 municipality or fair association within its own limits, or by 40.26 any other organization, whether public or private, only after a 40.27 permit for the display has first been secured. 40.28 (b) An application for a permit for an outdoor fireworks 40.29 display must be made in writing to the municipal clerk at least 40.30 15 days in advance of the date of the display and must list the 40.31 name of an operator who is certified by the state fire marshal 40.32 and will supervise the display. The application must be 40.33 promptly referred to the chief of the fire department, who shall 40.34 make an investigation to determine whether the operator of the 40.35 display is competent and is certified by the state fire marshal, 40.36 and whether the display is of such a character and is to be so 41.1 located, discharged, or fired that it will not be- hazardous to 41.2 property or endanger any person. The fire chief shall report 41.3 the results of this investigation to the clerk. If the fire 41.4 chief reports that the operator is certified, that in the 41.5 chief's opinion the operator is competent, and that the 41.6 fireworks display as planned will conform to the safety 41.7 guidelines of the state fire marshal provided for in 41.8 paragraph -Eel- the clerk shall issue a permit for the 41.9 display when the applicant pays a permit fee. 41.10 (c) When the supervised outdoor fireworks display for which 41.11 a permit is sought is to be held outside the limits of an 41.12 incorporated municipality, the application must be made to the 41.13 county auditor, and the auditor shall perform duties imposed by 41.14 sections 624.20 to 624.25 upon the clerk of the municipality. 41.15 When an application is made to the auditor, the county sheriff 41.16 shall perform the duties imposed on the fire chief of the 41.17 municipality by sections 624.20 to 624.25. 41.18 (d) An a_pplic_ation for an indoor fireworks display_ Permit 41.19 must be made in writing to the state fire marshal by the 41.20 operator of the facility in which the display is to occur at 41.21 least 15 days in advance of the date of any performance, show, 41.22 or event which will _include _th_e discharge of fireworks inside a 41.23 building or structure. The application must list the name of an 41.24 operator who is certified by the state fire marshal and will 41.25 supervise the display. The state fire marshal shall make_ an 41.26 investigation to determine whether the operator of/the display 41.27 is competent and is properly certified and whether the display 41.28 is of such a character and is to be so located, discharged, or 41.29 fired that it will not be hazardous to property or endanger any 41.30 person. If the state fire marshal determines that the operator 41.31 is certified and competent, that the indoor fireworks display as 41.32 planned will conform to the safety guidelines provided for in 41.33 paragraph (f), and that adequate notice will be given to inform 41.34 patrons of the indoor fireworks display, the state fire marshal g S Z 41.35 shall issue a permit for the display when the applicant pays an 41.36 indoor fireworks fee of $150 and reimburses the fire marshal for t./1 2i 42.1 costs of inspection. Receipts from the indoor fireworks fee and 1 `l _{~7{1~`,~'` 136 http://www.revisor.leg. state.nm. us/cgi-bin/getbill.pl?version=latest&session=ls83 &number=S2&session_y... 6/3/2003 Yin LUVJ sps !si - -b- - - - 42.2 inspection reimbursements must be deposited in the general fund 42.3 as a nondedicated receipt. The state fire marshal may issue a 42.4 single permit for multiple indoor fireworks displays when all of 42.5 the displays are to take place at the same venue as part of a 42.6 series of performances by the same performer or group of 42.7 performers. A copy of the application must be promptly conveyed 42.8 to the chief of the local fire department, who shall make 42.9 appropriate preparations to ensure public safety in the vicinity 42.10 of the display. The operator of a facility where an indoor 42.11 fireworks display occurs must provide notice in a prominent 42.12 place as approved by the state fire marshal to inform patrons 42.13 attending a performance when indoor fireworks will be part of 42.14 tha_t_performance_. The state fire marshal may grant a local fire 42.15 chief the authority to issue permits for indoor fireworks 42.16 displays. Before issuing apermit, a 1_ocal -fire chief must make 42.17 the determinations required in this paragraph. 42.18 _Lej After a permit has been granted under ._either Qaragr~h 42.19 (b) or (d), sales, possession, use and distribution of fireworks 42.20 for a display are lawful for that purpose only. A permit is not 42.21 transferable. 42.22 4a- ) The state fire marshal shall adopt and disseminate 42.23 to political subdivisions rules establishing guidelines on 42.24 fireworks display safety that are consistent with sections 42.25 624.20 to 624.25 and the most recent editions of the Minnesota 42.26 Uniform Fire Code and the National Fire Protection Association 42.27 Standards, to insure that fireworks displays are given safely. 42.28 In the guidelines, the state. fire marshal shall allow political 42.29 subdivisions to exempt the use of relatively safe fireworks for 42.30 theatrical special effects, ceremonial occasions, and other 42.31 limited purposes, as determined by the state fire marshal. 42.32 (EFFECTIVE DATE.) This section is effective the day 42.33 following final enactment. %3/ http://www.revisor.leg.state.nm.us/cgi-bin/getbill.pl?version=latest&session=lsg 3 &number=S2&session_y... 6/3/2003 Minnesota • Department of Public Safet ~w State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555 Internet: http://www.dps.state.mn.us. FIREWORKS FACT SHEET Alcohol & This fact sheet now includes changes to the fireworks laws made by Gambling the Minnesota Legislature in both 2002 and 2003 Enforcement Bureau of SECTION 1- INTRODUCTION Criminal Apprehension This fire safety sheet is based upon Minnesota Statute 624.20, which capitol Security allows for the public sale, possession and use of a limited number of, but not all, consumer fireworks. Its purpose is to provide uniform application Crime Victim Services of the 2003 Minnesota State Fire Code (MSFC) and Minnesota Statute provisions. Driver & Vehicle Services More information is available from the State Fire Marshal Division by Emergency calling 651-215-0500. E-mail questions to firecode@state.mn.us or visit Management / Emergency our web page at www.fire.state.mn.us for the latest information on fire in Response Minnesota. Commission State Fire SECTION 2 - SUMMARY OF CHANGES TO MINNESOTA Marshal/ FIREWORKS LAWS EFFECTIVE APRIL 30, 2002 Pipeline Safety State Patrol 2.1 Legal and Illegal Fireworks within Minnesota The sale, possession and use of some non-explosive and non-aerial Traffic Safety consumer fireworks are now permitted in Minnesota effective April 30, 2002. Examples of items that are now permitted include sparklers, cones and tubes that emit sparks, novelty items like snakes, and party poppers. Please review the list of examples of legal and illegal fireworks. These consumer fireworks may not be used on public property (i.e. parks, 'r '~"~''NES84 .A roads, alleys, schools, government property, etc.). Purchasers of these fireworks must be at least eighteen (18) years of age and retailers need to check photo identification. The sale, possession or use may occur throughout the year. Explosive and aerial fireworks are still prohibited for public sale, possession and use in the State of Minnesota. Prohibited fireworks include, but are not limited to, firecrackers, bottle rockets, missiles, roman candles, mortars and shells. Page 1 of 6 /3~ SFMD Fact Sheet-INS-26 May 28, 2003 Page 2of6 2.2 Banned Fireworks by Federal Regulations (CFR; Part 1500.17) In addition, the United States Consumer Products Safety Commission (CPSC) has established a summary of banned fireworks within the United States. This list can be found within Code of Federal Regulations (CFR) Section 1500.17. 16 CFR 1500.17 (a)(8) limits firecrackers and other ground devices to 50 mg. of pyrotechnic composition (powder) designed to produce an audible effect. Firecrackers that exceed this limit, including but not limited to, illegal devices such as `cherry bombs', `M-80's', `silver salutes', and other large firecrackers are banned. Kits and components intended to produce any banned device violates the federal regulations. 16 CFR 1500.17 (a)(3) limits aerial fireworks devices to 130 mg (2 grains) of pyrotechnic composition intended to produce an audible effect. Aerial devices, which are devices that are launched into the air then function, that have an audible effect larger than 130mg are banned fireworks devices. Once again, kits and components intended to produce any banned aerial device also violates federal regulations. Other federal guidelines under Title 16, Part 1507 of the CFR: 1. Fuses must resist side ignition and must bum for at least 3 but not more than 9 seconds; 2. The fuse must support twice the weight of the device to which it is attached or the weight plus eight (8) ounces, whichever is less; 3. The shortest dimension of the base of a fireworks device that stands upright must be at least 1 /3 of the overall height of device or must pass a 12 degree tilt test; 4. Devices must be sealed to prevent leakage of pyrotechnic material at any time; 5. Devices must not exhibit burnout or blowout; 6. Handles and spikes must be securely attached. Handles must be at least four (4) inches long, and spikes must be at least two (2) inches long and have a blunt tip; 7. Wheels must have drivers securely attached; 8. Toy smoke devices must not burst or produce excessive external flame during operation; 9. Rockets must have sticks which are straight, rigid, and which remain securely attached; 10. Party poppers must not have more than 0.25 grains of pyrotechnic composition, nor have paper or plastic inserts which ignite during operation; 11. Fireworks must not contain the following chemicals: arsenic sulfide, arsenates, arsenites, boron, chlorates, gallates, gallic, acid, magnesium, mercury salts, phosphorous, picrates, picric acid, thiocyanates, titanium, or zirconium (See 16 CFR § 1507.2 for exceptions); 12. Large multiple-tube mine and shell devices with any tube measuring 1.5 inches or more in inside diameter must not have a minimum tip angle of less than 60 degrees. 133 SFMD Fact Sheet-INS-26 May 28, 2003 Page 3 of 6 Additionally, some fireworks are banned if they look like candy, food, or other banned fireworks devices. Dragon eggs which look like foil wrapped chocolate candy kisses, cracker balls which look like breakfast cereal, and smoke devices like cherry bombs or "M-80's" are banned fireworks devices. 2.3 Public Display Fireworks The requirements outlined for "public" display fireworks remain unchanged. For further information please review our web site for the fireworks operator display certification requirements. SECTION 3 - SUMMARY OF CHANGES MADE EFFECTIVE MAY 28, 2003 RELATING TO LOCAL LICENSE FEES AND RETAIL STANDS FOR CONSUMER FIREWORKS SALES 3.1 NFPA 1124 (2003 Edition) Effective May 28, 2003, Minnesota Statute 624.20 was amended to include wording that limits the license fees that local jurisdictions can charge for fireworks sales, and that local jurisdictions cannot prohibit a retail stand that complies with National Fire Protection Association (NFPA) Standard 1124 (2003 Edition). Local jurisdictions are not allowed to adopt ordinances that are more restrictive than NFPA 1124 (03) in accordance with Minnesota law. SECTION 4 - FREQUENTLY ASKED QUESTIONS ON ENFORCEMENT OF THE MSFC AS IT RELATES TO FIREWORKS 4.1 Frequently Asked Questions Although a new law changes the definition of fireworks in Minn. Stat 624.20(c), it does nothing to change enforcement of the Minnesota State Fire Code (MSFC) as it relates to these legal consumer fireworks. As a service to the Minnesota Fire Service and the general public, the State Fire Marshal Division has assembled this list of frequently asked questions relating to fireworks and the MSFC. This analysis was done in response to a request by the Minnesota State Fire Chief's Association. Question 1- Are local jurisdictions allowed to adopt requirements that exceed the fire code as it relates to fireworks? Answer to question 1- No, due to the amendment to Minnesota Statute 624.20 in the 2003 legislative session, local jurisdictions must accept a retail stand that can prove they comply with National Fire Protection Association Standard 1124 (2003 Edition). Reference for question 1: Minnesota Statute 624.20: This is contained in SF905 (Regular Session Bills), beginning on line 374.1 13Y i SFMD Fact Sheet-INS-26 May 28, 2003 Page 4 of 6 Sec. 6. Minnesota Statutes 2002, section 624.20, subdivision 1, is amended to read: Subdivision 1. (a) As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph (c), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture. (c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. (d) A local unit of government may impose an annual license fee for the retail sale of items authorized under paragraph (c). The annual license fee of each retail seller that is in the business of selling only the items authorized under paragraph (c) may not exceed $350 and the annual license of each other retail seller may not exceed $100. A local unit of government may not: (1) impose any fee or charge, other than the fee authorized by this paragraph, on the retail sale of items authorized under paragraph (c); prohibit or restrict the display of items for permanent or temnorary retail sale authorized under paragraph (c) that comply with National Fire Protection Association Standard 1124 (2003 edition), or (3) impose on a retail seller any financial guarantee requirements, including bonding or insurance provisions, containing restrictions or conditions not imposed on the same basis on all other business licensees. [EFFECTIVE DATE.] This section is effective the day following final enactment. Question 2 - Can local jurisdictions require a permit for fireworks retail sale or storage, just as they do for hazardous materials or high piled storage? Answer to question 2 - Yes. The MSFC and Minnesota Statute currently allows .for permits to be obtained for retail firework sales. Minnesota Statute 624.20 sets the maximum permit charge for retail stands selling only fireworks to be capped 13 5~ SFMD Fact Sheet-INS-26 May 28, 2003 Page 5 of 6 at $350/year. For other retailers (i.e. Target, Wal-Mart, gas stations, etc.) that sell retail fireworks, the maximum permit fee is capped at $100. Reference for question 2: Minnesota Statute 624.20 Question 3 - Can a code official require additional fire protection systems in addition to what is required by NFPA 1124 (03) in retail sales occupancies? Answer to question 3: No, the way Minnesota law currently reads in state statute, local jurisdictions must accept a retail stand that can prove they comply with the requirements outlined in NFPA 1124 (2003 Edition). Reference for question 3: Minnesota Statute 624.20 Question 4 - Can a code official limit smoking in retail sales buildings, warehouses or tents containing fireworks? Answer to question 4: Yes. No smoking shall be conducted within 50 feet of the consumer fireworks retail area. Reference for question 4: NFPA 1124 (03) Section 7.6.5.1 Questions 5 - Can a code official prevent fireworks from being sold in tents or road side stands? Answer to question 5: No. NFPA 1124 does not prohibit tents or roadside stands. Once again, a code official cannot deny a permit to an applicant as long as they can prove they comply with NFPA 1124 (03). However, they must comply with all of the requirements within NFPA 1124 (03) for temporary stands. Reference for question 5: NFPA 1124 (03) Section 7.7.2 Question 6 - Does Chapter 33 (Explosives and Fireworks) of the MSFC apply to the manufacture, storage and transportation of fireworks? Answer to question 6: Yes, Chapter 33 (Explosives and Fireworks) of the. MSFC applies to possession, manufacture, storage, handling, sale and use of explosives, explosive materials, disylay fireworks and small arms ammunition. There are some exceptions listed under MSFC (03) Section 3301. 1, so please read carefully. Reference for question 6: MSFC (03) 3301.1. 13,ol SFMD Fact Sheet-INS-26 May 28, 2003 Page 6 of 6 Questions 7 -Does the MSFC consider fireworks to be flammable solids and subject them to the requirements for H occupancies when storing above the 125-pound limit in Chapter 27? Answer to question 7: No. Although this may appear to be a possible enforcement option, the definitions in the MSFC for flammable solid do not support such a determination. Also, the examples found in Appendix E, make no mention of fireworks being a flammable solid. In summary, the State Fire Marshal does not recommend using this reference in relation to consumer fireworks. Reference for question 7: MSFC Definitions - FLAMMABLE SOLID- A solid, other than a blasting agent or explosive, that is capable of causing fire through friction, absorption or moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which has an ignition temperature below 212T (100°C) or which burns so vigorously and persistently when ignited as to create a serious hazard. A chemical shall be considered a flammable solid as determined in accordance with the test method of CPSC 16 CFR; Part 1500.44, if it ignites and bums with a self- sustained flame a greater than 0.1 inch (2.5mm) per second along its major axis. Appendix E E102.1.4 Flammable solids. Examples Include: 1. Organic solids. Examples: camphor, cellulose nitrate and napthalene. 2. Inorganic solids. Examples: decaborane, lithium amide, phosphorous heptasulfide, phosphorous sesquisulfide, potassium sulfide, anhydrous sodium sulfide and sulfur. 3. Combustible metals (except dusts and powders). Examples: cesium, magnesium and zirconium. 4. Combustible dusts and powders (including metals). Examples: wood sawdust, plastics, coal, flour and powdered metals (few exceptions). 5. Combustible fibers. Question 8 -Is the chief allowed to prohibit the use of fireworks in hazardous fire areas? Answer to question 8: Yes. The code official is authorized to prohibit the discharge of fireworks within 300 feet from a consumer fireworks retail stand. Reference for question 8: NFPA 1124 (03) Section 7.6.4 I