04/26/2005 - City Council Special
SPECIAL CITY COUNCIL MEETING
APRIL 26, 2005
5:30 PM
EAGAN ROOM-EAGAN MUNICPAL CENTER
AGENDA
I. AGENDA ADOPTION
II. VISITORS TO BE HEARD
j III. IMPACT OF THE NEW RUNWAY / PRESENTATION BY THE MAC STAFF
P~ IV. OFF-SALE LIQUOR LICENSES
I ~, V. TECHNOLOGY TASK FORCE UPDATE/RECOMMENDATIONS
~SVI. PUBLIC POLICY ISSUES RE: 800 MHZ
VII. REP A EMENT F MMAND VEHICLE
/I L C O CO
tD JOINT MEETING WITH THE APRC-7:30 P.M.
~~~ VIII. PUBLIC POLICY ISSUES ASSOCIATED WITH THE PARKS SYSTEM
PLAN FINDINGS
o~ 9 IX. 2005 PARKS CIP
WE LAND REPL NT PLAN ISCUSS ITY ORDIN E IN LIE
3 ~X. T ACEME (D C ANC U
OF STATE WATER RESOURCES PLAN)
~~ XI. REVIEW 2005-2006 CITY COUNCIL GOALS AND WORK
PROGRAM
XII. OTHER BUSINESS
XIII. ADJOURNMENT
Agenda Information Memo
Apri126, 2005 Eagan Special City Council Meeting
III. IMPACT OF THE NEW RUNWAY /PRESENTATION BY THE
MAC STAFF
ACTIONS TO BE CONSIDERED:
No formal action is required. The presentation is intended for informational and
discussion purposes only.
FACTS:
- Per the direction of the Council, Chad Leqve, Manager of the Aviation Noise and
Satellite Programs for the MAC, has been invited to give a brief presentation on
the impact of the new Runway 17-35, scheduled to open in October of this year.
- Also per the Council's direction, the City's Legislative delegation has been
invited to attend the MAC presentation. As of Friday, Apri122, the City had been
contacted by the offices of Rep. Rick Hanson, Rep. Lynn Wardlow, and Rep. Tim
Wilkin, all of whom expressed their hope to attend the presentation by the MAC.
- The presentation that Mr. Legve will be providing is a condensed version of the
presentation that is given at each of the ten neighborhood open houses.
- Since residents are encouraged to attend the open houses in their neighborhoods
to voice their opinion about the new runway and/or ask questions of the MAC or
City staff, the Council workshop is not intended to be a public hearing.
- Rather, the workshop is intended as an opportunity for the City Council and
Eagan's Legislators to dialogue with the MAC about the new runway.
- Members of the Airport Relations Commission (ARC) have also been notified
about the MAC presentation, should they wish to attend the workshop.
Agenda Information Memo
April 26, 2005, Special City Council Meeting
IV. REVIEW OFF-SALE LIQUOR LICENSE CRITERIA
ACTION TO BE CONSIDERED:
To determine what, if any, additional criteria or restrictions for issuing off-sale liquor
licenses should be implemented.
FACTS:
• At the March 8 Special City Council meeting the City Council was presented
information on possible ideas for limiting or restricting the issuance of off-sale
liquor licenses. The City Council was also provided feedback from a previous
meeting with off-sale license holders which indicated that of the 10 of 141icensees
who voiced an opinion supported restricting the number of licenses based on a
population cap of 1 per 4,750 (66,504/14). No specific health, safety and welfaze
concerns for the community as a whole were cited by the license holders as reasons
for limiting the number of licenses.
• At the March 8 meeting, staff was directed to develop a list of criteria that other
cities use as a basis in reviewing and approving off-sale licenses. Attached is a table
of information pertaining to the nine cities of similar size to Eagan and their related
restrictions and criteria for off-sale licenses. It appears that most of the restrictions
and criteria aze clearly identified in the respective city codes; however, in certain
unusual situations, past practice or policy is relied upon in determining whether or
not to grant a license. Most of the cities cite that the health, safety and welfaze of its
citizens were factors in deternuning the parameters for licensing.
• To recap an eazlier study conducted by staff on historical data pertaining to off-sale
license issuance in Eagan, both numerical and geographical limits were in place at
particulaz times. Initially, licenses were required to be geographically spaced
throughout the City, e.g. one in the north, south, etc. This was followed by
restrictions based on population with a couple of different variations on the formula
used over the yeazs. In 1990, criteria were also included in the review process to aid
in the selection of the best qualified application when a license became available.
The criteria included residency, financial structure, overall operation, proposed
location, traffic implications, previous experience and ownership restrictions.
Additionally, the applicant had to display that it had at least an option on a specific
site for the location of the off-sale store. The criteria were incorporated into the
application documentation.
• In 1994, the Code was amended to allow a free mazket approach which has been in
existence ever since. However, many of the criteria identified above are still used
today in the review of license applications with some minor changes.
a
• To date, the criteria against which applications are reviewed appear to have been
sufficient since there haven't been any significant problems with liquor operations in
the City.
• Notification was sent to the 14 existing license holders, as well as others who have
expressed a recent interest in obtaining anoff=-sale license, inviting them to attend
the Apri126 special City Council meeting. The attached table identifying the criteria
and restrictions was also sent out for their review. Staff invited the licensees to
submit written comments regarding this additional information for Council's
consideration. The deadline for submission of written comments was April 13.
Three responses were received reiterating support of the above referenced
population ratio. Additionally, two of the three licensees suggested allowing only
one off-sale license per retail center. Another licensee sent an email to Council
urging action on this matter so that the moratorium can be lifted.
• An interested applicant, WineStyles, contacted staff and indicated that if a limitation
is put into effect, they would prefer that a couple of additional licenses be made
available.
ATTACHMENTS:
• Enclosed on page ~ is a memo sent to all off-sale liquor license holders and
other interested applicants mforming them of the April 26 special City Council
meeting.
• Enclosed on pages '.~ through ~ aze copies of correspondence received
from off-sale licensees.
• Enclosed on pages ~ through ~ is a memo from Director of Administrative
Services VanOverbeke and City Clerk/Administrative Services Coordinator Petersen
identifying potential off-sale licensing options.
3
City of EaQau Ncmo
To: Off-Sale Liquor License Holders
Other Interested Applicants
From: Gene VanOverbeke, Director of Administrative Services
Maria Petersen, City Clerk/Administrative Services Coordinator
Date: Apri118, 2005
Subject: Special City Council Meeting - Apri126, 2005 at 5:30 p.m.
Please be advised that the Eagan City Council will be reconsidering the possible imposition
of restrictions on the issuance of off-sale liquor licenses at the Apri126, 2005 Special City
Council meeting. The meeting will be held in the Eagan Room at the Eagan Municipal
Center, 3830 Pilot Knob Road. The meeting is scheduled to begin at 5:30 p.m.
At the March 2 meeting with licensees, the majority of current license holders supported limiting
the number of licenses based on the current population to license ratio (66,504/14 = 4,750). Only
one response was received following the Apri15 memo, which was sent to all licensees and
contained additional information on restrictions/criteria for issuance of licenses. The deadline for
submission of written comments was April 13. The licensee who submitted a response was in
support of the above referenced population ratio, in addition to allowing only one off-sale license
per retail center. Another licensee has written to the Council requesting they take action on the
matter so that the moratorium can be lifted.
Page 1 of 1
Maria Petersen
From: MacRae, Mike [Mike.MacRae@Ifhi.com]
Sent: Friday, April 08, 2005 10:59 AM
To: Maria Petersen
Subject: Off Sale Liquor License Restriction
Hi Maria-
I hope all is well with you.
I received the Off-Sale Liquor License memo dated April Sd'.
This is just a communication that we at Byerly's are in favor of restricting the number of licenses issued
based on the current population to license ratio.
We are also in favor of restricting the number of licenses issued to an retail center to one.
If you have any questions please feel free to contact me at your earliest convenience.
Take care,
Michael MacRae
General Manager
Byerly's Eagan
1299 Promenade Place
Eagan, MN 55121
(651) 686-9669
~~~
4/8/2005
BIG TOP WINE & SPIRITS
1284 Town Centre Drive #110
Eagan, MN
Phone: (651)
Fax: (651)
N 55123
644-4501
644-0874
April 19, 2005
Maria Petersen
City Clerk/Administrative Services Cordinator
City of Eagan
I received your letter dated April 18th regarding the Special Council Meeting.
I wish to apologize for not replying sooner, but with the problem of my wife being ill with cancer
and being out of town for a few weeks on vacation, this letter was inadvertently misplaced and not
done.
I wish to apologize for this and I do feel as a majority of holders that liquor licenses should be
issued at the current population ratio and also restricted on one per retail center.
I know this letter comes a little late, but I hope you will consider this before the Apri126th meeting.
Unless something unforeseen should happen, myself or a representative of our company, will
certainly be there.
Sincerely,
,' ,
Sidney A p baum
SA:cd
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Friday, April 15, 2005
RE: Off-Sale Liquor Licensees
Maria Petersen
Eagan Municipal Center
3830 Pilot Knob Road
Eagan, Mn 5 5122
Deaz Maria Petersen:
My name is Travis Simpson, and I am the owner of Boji Wine & Spirits. I am writing in
regards to the restrictions of off-sale liquor licensees. I was approached in December by
another store owner about seeing if the city could place restrictions on the number of
licenses issued in the city of Eagan. I have a small store that is struggling, so the idea of
limiting the competition appealed to me.
I was not aware that a moratorium would be the effect of my actions. In late December,
my partner, my wife and I decided that it would be in our best interest to sell our store.
We had acquired a broker and began to show it to prospective buyers. It was not until
late January that I learned of the freeze, and that I would not be able to sell until it was
lifted.
Two months have passed and we are worse off than before. We have also found out that
my wife and I aze having a baby. The 70 hour work weeks and the stresses of running a
business is not the way we want to start a family. The need to sell our business has
become quite urgent.
I understand the need for the moratorium during this time of research. But I wanted you
to know our situation and understand how it is very important for us to sell as soon as
possible. Please consider pushing the issue of liquor licenses quickly through the city
counsel so the moratorium can be lifted.
Thank you,
Travis Simpson
Owner
Boji Wine & Spirits
cc: City Administrator Tom Hedges
City Council Members
S
City of E~~ Mcmo
To: Off-Sale Liquor Licensees
From: Gene VanOverbeke, Director of Administrative Services
Maria Petersen, City Clerk/Administrative Services Coordinator
Date: April 5, 2005
Subject: Additional Information Related to Off-Sale Liquor License
Restrictions/Criteria
At the March 8 Special City Council meeting, the City Council was presented with a
number of options for limiting or restricting the issuance of off-sale liquor licenses. The
Council was also provided with feedback from a meeting that was held with off-sale liquor
license holders. This feedback indicated that 10 of 14 licensees supported restricting the
number of licenses based on a population cap of 1 per 4,750 (Eagan's current population of
66,504/14, the current number of licenses issued in the City). Four of the licensees did not
offer an opinion on the matter. The Council took action at that meeting directing staff to
conduct further research on the zoning/land use methods that are used by various cities in
regulating the issuance of off-sale licenses and to develop a list of criteria against which
future applications could be reviewed.
Attached is a table with information pertaining to the nine cities of similar size to Eagan and
their related restrictions and criteria for off-sale licenses. It appears that most of the
restrictions and criteria aze clearly identified in their respective city codes; however, in
certain unusual situations, past practice or policy is relied upon in determining whether or
not to grant a license. While much of the information in the table was provided to you
previously, it does contain more comprehensive data that was gleaned upon further research.
Earlier research of historical data pertaining to off-sale license issuance in Eagan showed
that both numeric and geographical limits were in place at particular times. Initially,
licenses were required to be geographically spaced throughout the City, e.g. one in the north,
south, etc. This was followed by restrictions based on population with a couple of different
variations on the formula used over the years. In 1990, criteria were also included in the
review/application process to aid in the selection of the best qualified applicant when a
license became available. The criteria included residency, financial structure, overall
operation, proposed location, traffic implications, previous experience and ownership
restrictions. Additionally, the applicant had to display that it had at least an option on a
specific site for the location of the off-sale store.
9
In 1994, the Code was amended to allow a free mazket approach which has been in
existence ever since. However, many of the criteria identified above, with some minor
modifications, are still used today in the review of license applications. To date, the criteria
against which applications are reviewed appear to have been sufficient since there haven't
been any major problems with liquor operations in the City.
The purpose of developing zoning/land use limitations and/or specific review criteria are to
bring objectivity and predictability into the review/application process. Zoning and land use
aze very specific and do not allow discretionary application to unique or specific
circumstances without a variance process. A list of general criteria allows more
discretionary application to unique or specific circumstances; however, the process
promotes varying interpretations and an unpredictable outcome as all interested parties
interpret the fact situation to promote their own interests.
Taking into account all the information that has been gathered and the current distribution of
licenses in the City of Eagan, it appears that the best options for licensing at this point in
time are to continue with the free market approach or to limit the number of licenses based
on population. During discussions with license holders, a suggestion was made to allow no
more than one license per in-line retail center (strip mall). None of the cities surveyed
specifically restrict licenses based on this criteria. This particulaz restriction would offer
existing businesses some protection from competition in close proximity; however, it would
not prevent another establishment from locating directly across the street.
To date, the marketplace has appeazed to adequately address the distribution of licenses.
While some off-sale liquor establishments may be relatively close in proximity to another
establishment, no in-line retail center in the City contains more than one off-sale liquor
operation. According to the number of current in-line retail centers and possible future sites
for such centers, where off-sale liquor would be allowed, approximately 15 to 17 centers
could accommodate this type of use. These figures do not take into account the ietail
centers that are already home to an off-sale liquor operation.
At this time, staff is seeking additional input from license holders regazding the latest
information related to restrictions and criteria used by other cities. As you will see when
you review the table, the additional reseazch did not yield significantly new findings
pertaining to restrictions on the issuance of off-sale licenses; however, we welcome any
comments or suggestions you may have. You are encouraged to submit your comments in
writing by April 13. You may send your comments to Maria at the Eagan Municipal
Center, 3830 Pilot Knob Road, Eagan, MN 55122, or they may be faxed to (651) 675-5012
or e-mailed.to mpetersen(a~ci ofeagan.com.
Due to unforeseen scheduling issues, a date specific has not been determined for Council's
review of the latest information. It is anticipated that this item will be brought back to
Council in the near future. As soon as a date is set, you will be notified and invited to attend
the meeting. Your patience and input during this process is greatly appreciated.
cc: City Administrator Tom Hedges
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Agenda Information Memo
Apri126, 2005 Eagan City Council Workshop
V. TECHNOLOGY TASK FORCE UPDATE /RECOMMENDATIONS FOR
ONGOING STRUCTURE
ACTIONS TO BE CONSIDERED:
If the City Council concurs with the framework for a technology working group,
provide direction to proceed with gathering names willing to serve in an advisory
capacity for future approval by the City Council.
FACTS:
• On March 16, 2004 the Eagan City Council approved the creation of a
Technology Task Force to determine the current level of Internet connectivity in
Eagan (for both residents and businesses) and make recommendations.
• The Task Force completed its work and made recommendations at the January 11,
2005 Special City Council Meeting.
• The City Council asked that Director Garrison come back at a subsequent work
session with recommendations for the structure of an ongoing technology
advisory body. Those recommendations are attached.
• The original Task Force included Chamber representation, small and large
business representation, representatives from the Economic Development and
Telecommunications Advisory Commissions, and the chief technology officers of
Northwest Airlines, Thomson West, and Blue Cross Blue Shield.
• The proposed structure of the ongoing advisory group is virtually identical to the
task force with the exception that in discussions with industry, it has become
apparent that it is not likely that three chief technology officers can make the
commitment for a year's worth of monthly meetings. They would, however, be
able to make aonce-a-year technology summit, and have the next tier down in
their organizations (director or vice president) attend the monthly meetings. It is
also reasonable to expect that one of the CTOs will serve on a rotating basis each
year.
• Because task forces imply limited duration and the work of this advisory body
will be ongoing, it is suggested that the group be renamed the Technology
Working Group. ;
• The once-a-year technology summit of top technology leaders is intended to
establish priorities for the coming year to be reviewed and approved by the City
Council.
/~
Likewise, if the City Council approves the structure to the Technology Working
Group, staff will bring back the proposed actual representatives on the work
group for ratification by the City Council.
It is proposed that Director Garrison continue to be the staff liaison to the
Technology Working Group, but with the Community Development Director and
I.T. Coordinator involved, as necessary, in an ex-officio capacity.
If time allows, Director Garrison is also prepared to brief the City Council on the
progress of the City's Request for Information (RF17 sent to potential wireless
providers.
ATTACHMENTS:
• Proposed framework for the new Eagan Technology Working Group"~~~
/3
Proposed structure for the new Eagan Technology Working Group
One large corporation chief technology officer (1)
to serve aone-year term.
Two large corporation IT representatives (2)
• These will be vice president or director level
Two Eagan residents (2)
• At least one should be from ahome-based business
Chamber of Commerce President or designee (1)
Small or mid-size business representatives (2)
Representative from the Economic Development Commission (1)
Representative of the Telecommunications Commission (1)
Staff Representative
Communications Director Garrison
(1)
TOTAL (11)
Ex-Officio Staff Resources
Kristi Peterson, IT Coordinator
Jon Hohenstein, Community Development
• While the chief technology officers generously gave of their time for the one-time
Eagan Technology Task Force's six months of work, it is unlikely that all of them
would have monthly or even bimonthly time to devote on an ongoing basis.
• It is therefore proposed that once a year Eagan should hold a Technology Summit
inviting the top technology officers of Eagan's largest companies, Chamber
representatives, and IT representatives from the City, ISD 196, Dakota County
and the State of Minnesota to exchange information about the latest technology
priorities and problems each organization faces.
• It is further proposed that one large company chief technology officer be part of
the ongoing Technology Working Group; rotating on a yearly basis.
• Out of that discussion, and with an update of the prior year's results from the
Technology Working Group (TWG), the technology officers will recommend to
the City Council priorities that should be part of the TWG's work plan for the
coming year.
• Technology Working Group members should be selected based on specific skills
needed to address the work plan for that particular year.
/y
Agenda Item
Apri126, 2005 Council Meeting
VI.800 MHz Update
ACTION TO BE CONSIDERED:
To receive an update on the status of the Dakota County 800 MHz public safety
radio project.
FACTS:
• On March Stn, the City Council heard a presentation on the expansion of the
Metropolitan 800 MHz system to include Dakota County public safety and public
works agencies.
• Since that time, the planning process has continued with technical and policy
groups working on design and policy for the county wide network and also for a
consolidated dispatch facility.
• It is expected that formal action by the City Council will be requested in late May.
• Police Chief Therkelsen will be provide an update to the City Council on
developments occurring since the March Stn
Attachments: None
/s
Agenda Information Memo
Apri126, 2005 Eagan City Council Meeting
VII. Command Vehicle Replacement
ACTION TO BE CONSIDERED:
To hear a presentation on the replacement of the existing mobile command
vehicle and provide direction to staff on future steps.
FACTS:
• The Police and Fire Departments have identified the need to replace our existing
command vehicle, a 1974 school bus that was converted to public safety use in
1979 and can no longer function in this capacity.
• A vehicle committee, composed of police and fire department staff members has
developed plans and specifications for a vehicle which would meet our
operational needs for an estimated 25-30 years.
• At the January 205 Council retreat, Fire Chief Kriha provided an update on the
replacement project and advised that more information would be provided after
the vehicle committee had completed its work.
• Fire Chief Kriha and Police Chief Therkelsen will be present to provide
information to the Mayor and Council on the operational need for replacement of
the current command vehicle.
• Administrative Services Director VanOverbeke will present information on
possible funding options.
Attachments: /~
A memo from Fire Chief Kriha and Police Chief Therkelsen is attached on pages ~ / ~~ /
A memo from Director VanOverbeke is attached on pages a ~- ~3
/6
City of Eagan Tema
To: Thomas L. Hedges, City Administrator
From: Bob Kriha, Fire Chief
Kent Therkelsen, Chief of Police
Date: Apri119, 2005
Subject: Command Vehicle Replacement
The Eagan Police and Fire Departments desire to replace our current command vehicle, a
1974 school bus, converted to public safety usage in 1979. The replacement vehicle
would provide a mobile platform to support incident command and communications
during critical incidents and events, both planned and unplanned.
In 2004, members of the Eagan Police and Fire Departments formed a committee to look
into the design and acquisition of a command vehicle. The committee began meeting
regularly in April, 2004, and ultimately presented a plan to the Chiefs of both
departments. This plan contains complete drawings and pricing for the proposed vehicle.
A proposed set of specifications is attached to this report.
The command vehicle committee was comprised of Fire Department Captain Mike Scott,
Fire Fighters Dave Hammer and Dave Feterl, Deputy Chief of Police Jim McDonald,
Police Sergeant Brad Ramthun, and Dispatch Supervisor Troy Ruby. Fire Lieutenant
Judy Thill contributed much of the background information for this report. City of Eagan
Information Technologies staff provided technical information on wireless data features.
The command vehicle committee visited several vendors and several existing command
vehicles in the metro area. They were exposed to command vehicles ranging from
converted motor homes to fire apparatus construction standards. Costs were found to be
in the $300,000 to $800,000 range. The vendor being recommended to provide the
Eagan command vehicle has delivered vehicles to other Minnesota agencies, ranging
from $300,000 to $700,000, including $466,000 for the City of Rochester and $476,000
to the City of Spring Lake Park.
History and Background
In 1979, with a city population of 19,000, Eagan Police and Fire personnel collaborated
to convert a 1974 school bus into a mobile command vehicle. The effort to meet the
community's need for a vehicle of this type resulted in a command vehicle which served
the City of Eagan for many years. Since being placed into service, no major
improvements have been made to the vehicle, which has well over 100,000 miles on it
and is currently only used for the rehabilitation of fire crews at working fire scenes. The
vehicle is mechanically unreliable and cannot support the communications technology
needed for management of a major incident. Further investment in this vehicle is not
recommended because of its age and overall condition.
/7
Command Vehicle Replacement
Page Two
April 19, 2005
Needs Assessment
Since the original command vehicle was placed into service, Eagan has grown to a
population of nearly 67,000 residents, becoming the 8th largest city in Minnesota and the
largest in Dakota County. In addition to a large residential population, Eagan is home to
several of Minnesota's largest employers and now boasts over 50,000 jobs. In addition to
incidents within our borders, Eagan Police and Fire Departments have mutual aid
agreements in place with all cities in Dakota County and the City of Bloomington as well.
Within and immediately surrounding the City of Eagan, there are many critical
infrastructures and other areas of concern from a public safety standpoint. Eagan's
municipal water system consists of two underground reservoirs, each holding 60,000
gallons of water, two water treatment facilities and six water towers. In addition, the city
has a large community center, outdoor aquatic center, a large civic arena, municipal
center, 5 fire stations, a maintenance facility, twenty private and public primary and
secondary schools, and a number of private post-secondary institutions.
Running through the city are two interstate freeways and two major state highways. Two
bridges provide access over the Minnesota River. Long term disruption of traffic over
either of these bridges would result in major regional impact. Roadways and rail lines
carry significant amounts of hazardous materials through Eagan each day.
Several employers within Eagan carry out work that, if disrupted, would have significant
economic impact on our city, region and nation. Northwest Airlines, the nation's 4th
largest carrier, has their world headquarters and data center in Eagan, as does
Thomson/West Legal and Regulatory Publishing. Lockheed-Martin and Unisys both
have major facilities in Eagan. United Parcel Services operates a large distribution center
within our city. The United States Postal Service has both their regional Bulk Mail
Facility and Information and Accounting Service Center in Eagan and is considering
moving their St. Paul processing and distribution site to Eagan. We have recently heard
of other large employers who are establishing or expanding operations within the City of
Eagan.
On our immediate borders, there are other areas of concern. The world's 7th busiest
airport, Minneapolis-St. Paul International sits on our Northwest border. With the
opening of a new runway later this year, all areas of Eagan are subject to overhead air
traffic on any given day. On our southeast border, Flint Hills Resources processes
11,550,000 gallons of crude oil each day. Just east of Highway 3 and Diffley Road, a
fuel storage facility stores more than 10 million gallons of propane and close to four
million gallons of liquefied natural gas. Much of the product from these two facilities is
shipped through Eagan by truck or pipeline. On our western boarder, the Black Dog
electrical generating plant produces 600 megawatts of electricity serving over 600,000
customers.
/b'
Command Vehicle Replacement
Page Three
April 19, 2005
Just across the Highway 77 bridge from Eagan sits the Mall of America, the largest
shopping and entertainment complex in the United States. The MOA is visited by an
estimated 40,000,000 visitors each year and has been identified by the FBI as one of
Minnesota's most likely targets for a terrorist attack because of its financial and symbolic
significance. Eagan Police Officers and Firefighters would be responders to major
incidents at the MOA requiring mutual aid requests from the City of Bloomington.
Command Vehicle Role in Critical Incident Management
Although the terrorist attacks of September 11, 2001 and the associated focus on
Homeland Security needs have accentuated the need for effective public safety response
to large incidents, Police and Fire services have recognized the need for major incident
command facilities for many years. Because the location of an incident is not
predictable, agencies have established mobile conunand capabilities as a way to provide
work space for incident management needs close to the scene of action, without having to
secure space in an available nearby building. Aself-contained command vehicle assures
that the proper communications and incident management resources are available and in a
reliable, known configuration.
Command vehicles generally provide the following capabilities:
Incident Communications Management. By equipping the vehicle with voice
and data communications equipment, the communications needs for the incident
can be transferred from the dispatch center (PSAP) to the command vehicle. This
places the communicators closer to the incident commanders and also allows the
PSAP to provide relatively normal services to areas of the city that are not part of
the major incident. Radio interoperabilitytyith users on different systems is
provided within the vehicle.
• Incident Management Capabilities. Under the recently adopted National
Incident Management System (NIMS), a national protocol for major incident
management has been established. The significant feature of NIMS is the concept
of "Unified Command" under which all activities of the operation are coordinated
through a command structure, led by an incident commander. The command
vehicle provides a space for the incident commander to plan and discuss
operational matters with other members of the command structure. From the
command vehicle, the incident commander will communicate with personnel
responsible for various operational components as well as the Emergency
manager and Emergency Operations Center Staff. Because NIMS provides for a
scalable structure, it is easily conceivable that multiple command vehicles could
be deployed for a very large event such as a commercial aircraft crash or natural
disaster.
• Back-Up PSAP. Because of technological advances in wireless communications,
the command vehicle can function as aback-up PSAP in the event the primary
PSAP was rendered unusable due to catastrophic events such as weather or
/9
Command Vehicle Replacement
Page Four
April 19, 2005
facility issues. The proposed command vehicle includes significant
Communications equipment at 4 workstations. The workstations would be
equipped with interoperable radio technology, computer work stations (with
Internet and network connections), fax machines, phones (landline capable,
cellular and satellite) and television access. Although a somewhat lesser grade
of service would result, the command vehicle would assure basic services could
continue.
Examples of Incidents Requiring Command Vehicles
Generically, any incident which would require implementation of the NIMS protocol
would include deployment of a command vehicle, including:
• Major transportation accidents. Aircraft or railroad crashes, crashes involving
hazardous materials carriers, or crashes disrupting major transportation corridors
for extended periods of time.
• Natural Disasters. At least three weather events in the past 8 years required
Eagan to activate our emergency plan.
• Man made disasters. Building collapse, pipeline or chemical facility explosion,
terrorist act or wide-spread disruption of utility service are examples of incidents
requiring large mobilization of resources and coordination of efforts.
• Multi-Agency Police and Fire events requiring coordination of effort and radio
communications over multiple networks.
Other incidents, not requiring activation of the emergency plan or the NIMS protocol, but
still requiring extraordinary communications needs or incident command include:
• Working structure fires.
• Tactical Team Incidents
• Major Crime Scenes.
• Large public gatherings.
• Backup PSAP
• Any other incident requiring significant staffing and high volumes of radio
communications.
The High Performance Partnerships (HiPP) Equipment Sharing Committee has been
considering how to better coordinate specialized equipment throughout Dakota County.
In their written report of April, 2005, the committee endorsed our goal of acquiring an
updated command vehicle to complement the vehicle recently acquired by the City of
Burnsville. They have recognized that a single command vehicle for Dakota County will
be inadequate for large scale events. Although multi jurisdictional ownership of
command vehicles is problematic, we anticipate that some agreement may be possible to
share operational costs of this vehicle.
Vehicle Specifications and Cost
A copy of the specifications prepared by LDV Inc is attached. We believe that the
specification thoroughly addresses the needs for this vehicle. The vehicle is available
~o
Command Vehicle Replacement
Page Five
April 19, 2005
through the Government Services Administration purchasing system for $467,250
delivered. The GSA price is $30,000 below retail. Monthly operational costs are
estimated at $700 to $1,000 per month.
Summary
The Eagan Police and fire Departments have a long history of cooperative efforts to
protect public safety in our community. Events of the last several years have made this
cooperation critical as we deal together with homeland security issues in addition to the
more traditional challenges. The ability to gather key decision makers in close proximity
to the event is crucial to our success. Being able to make decisions and communicate
them effectively is an integral part of our incident management system.
The proposed vehicle represents a significant investment for our community, however it
should be emphasized that the vehicle would be built to our standards and would provide
25 to 30 years of service before replacement. Our current vehicle has served us well over
time, but is simply worn out. We look forward to working with you as we attempt to
meet this need for our community and provide a level of police and fire service consistent
with our well established traditions.
Respectfully Submitted,
~ p~~/
Robert Kriha Kent Therkelsen
Chief Chief
Eagan Fire Department Eagan Police Department
a/
City of Eagan ~~mo
To: City Administrator Hedges
From: Director of Administrative Services VanOverbeke
Date: Apri121, 2005
Subject: Command Vehicle Replacement Financing
At your request I am writing this memo to outline possible financing sources for the
acquisition of a replacement Command Vehicle. I have read the draft memo dated April
1, 2005 from Chief Kriha and Chief Therkelsen and understand the estimated acquisition
cost to be approximately $470,000. I have made no review of any public policy issues
related to this proposed purchase, any potential operational costs, or any other potential
related capital costs, e.g. storage or furnishings such as computers and communications
equipment.
A replacement Command Vehicle has been referenced in numerous Part II CIP
submissions and in subsequent review discussions. The conclusion has typically been
that due to the magnitude of the potential expenditure, it probably cannot be budgeted
through the annual Part II Vehicles and Equipment allocation process and that outside
financing opportunities must be exhausted as a first step. It was most recently noted in
the 2004-2008 CIP at a cost of $325,000, but not authorized pending more research and a
through investigation of all possible outside funding alternatives. Although the
replacement was undergoing continuing research, I do not believe it came up formally
during the discussion and preparation of the 2005-2009 Part II CIP.
I believe any of the following, except Public Utilities, could individually be considered
reasonable funding alternatives for financing the replacement Command Vehicle. If
desired, various combinations of the alternatives, including Public Utilities, could also be
considered.
1. General Fund-Fund Balance
The 12-31-2004 preliminary audited financial report shows a General Fund-fund
balance of $10,750,545 or 46.9% of the 2005 budgeted expenditures. The
targeted range is 30 to 35% of the subsequent year budgeted expenditures. An
appropriation could be made from the balance while maintaining the balance in
the targeted range. The new aerial platform was purchased at a cost of
approximately $825,000 from this source. Given the uncertainty with State
revenues and constant operating budget pressure, temporarily maintaining the
higher level and using another option to purchase the replacement Command
Vehicle might be more appropriate at this time.
~~
2. Ec~uinment Revolving Fund-Fund Balance
The 12-31-2004 preliminary audited financial report shows an Equipment
Revolving Fund-fund balance of $1,778,519 that has accumulated in recent years
due to favorable purchasing prices compared to the approved budgets, interest
earnings, and miscellaneous deposits from various revenue sources. There is an
encumbrance of approximately $630,000 against that fund balance dedicated to
finance the purchase of the two recently approved fire apparatus. An adequate
fund balance would remain in the event financing for the replacement Command
Vehicle were also taken from this source.
3. EgUipment Certificates
Over the years in setting up and using the Equipment Revolving Fund there has
been an acknowledgement that certain items like major Fire Department appazatus
or the replacement Command Vehicle would exceed the capacity for financing
from the annual allocation available in that Fund. Although it has not been used
in recent years, the sate of equipment certificates is a logical funding source for
these major pieces of equipment. Given the fact that it results in a tax increase to
pay the debt service costs it is clearly not the most attractive option in comparison
to using reserves that have not been formally restricted for a specific purpose.
4. Public Utility Enterprise Fund
Given the broad range of City interests related to Homeland Security an argument
could be made to provide some funding from utility operations since certain
exposure is identified in those activities, primarily in the maintenance of the water
supply.
In my opinion, if the City Council desires to proceed with the acquisition of the
replacement Command Vehicle, the best financing choice would be to use the Equipment
Revolving Fund-fund balance. Those resources are available for this type of situation
and their use would allow the City to retain the General Fund-fund balance as a
contingency for potential operating requirements or for some other future high priority
one-time expenditures, e.g. the 800 MHz radio system implementation costs, and finally,
there would be no direct tax impact.
Please let me know, if you would like any additional information or if you would like to
discuss the information in this memo.
Direct f Administrative Services VanOverbeke
cc: Chief Financial Officer Pepper
Police Chief Therkelsen
Fire Chief Kriha
a3
Agenda Memo
Apri126, 2005 Special City Council Meeting
VIII: Public Policy Issues Associated With The Parks System Plan Findings.
FACTS:
• `The Advisory Parks Commission and staff have been working with CEHP, Inc. to guide
the City through the next iteration of the parks master planning process.
• Since last November three public forums have been hosted at the Eagan Community
Center, four meetings have been held with various stakeholders representing a diverse
cross section of the community and several more meetings have been held by the plan
direction committee.
• Input from the public has been solicited on an on-going basis through a dedicated phone
response line and surveys available on the website and at municipal buildings.
• The consultants have been compiling the feedback received from all the public meetings
and surveys.
• Additional public meetings will be scheduled in May and June prior to Council action.
• The 20!20 Vision Plan is expected to be presented for APrC recommendation on June 20
and Council action on June 21.
• The attached document outlines some guiding principles and priorities identified through
feedback from the community and also identifies some key policy issues for the Council
to ponder.
• This update is informational and intended to generate conversation, questions and
direction by the Council.
ISSUES:
• None r ~V C~ f " 1Q~j~yl ~ r! 15~~4 ~DI~
~- • m r vn D ~rro m /~ ~ ~ ~ /T p o~ S-o~ ~.
f~`a~irn~ , /
a~
City of Eagan
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: ADVISORY PARKS AND RECREATION COMMISSION
DATE: APRIL 21, 2005
SUBJECT: PARK SYSTEMS PLAN UPDATE
MEMO
During the past several months, numerous meetings have been held with selected stakeholders,
specific user groups and the general public in regazd to the development of a new Park Systems
Plan. These meeting were intended to be an opportunity to gather the community input necessary to
craft a meaningful document that will serve as a blueprint for making decisions regarding the
provision of park facilities and recreational offerings. Members of the APrC will be providing a
brief status overview.
Enclosed is a general summation of the information gathered to date. This represents, in very
general terms, the priorities that residents feel are important for the community. Some may generate
specific actions or recommendations while others maybe combined, modified, or eliminated. Some
aze short term while others would require considerable time to come to fiuition. In planning terms,
these are evolving into the "Guiding Principles and Priorities" for the development of the new
Systems Plan.
With every decision there are implications; in other words, there is no "free ride". The last section
of the document entitled "Key Policy Issues" includes examples of issues based upon the current
priorities, which could require consideration and a decision at some future date. This should not be
considered as all inclusive but rather a sampling.
Completion of the Systems Plan Update is now scheduled for June. Additional opportunities for
public, APrC and Council feedback are planned prior to that date.
Attachment
Priority and Issue Summary
as
City of Eagan, Park System Plan
20/20 - A Vision for Parks, Recreation and Open Space
4/21 /2005
Guiding Principles, Priorities and Key Policy Issues
Guiding Principles and Priorities
Guiding Principle 1
Health and Well-being -Enable the residents of Eagan to pursue an active, healthy lifestyle by providing
resources and opportunities for physical and mental well-being.
Priorities Identified by Residents
• Enhance both transportation and passive recreational trail systems
• Create/maintain healthy community
• Provide active and passive recreation opportunities
• Provide natural surface, non-bituminous trails through the Eagan Core Greenway
• Provide for formal gardens in Eagan
Guiding Principle 2
Community Equity and Balance -Endow the residents of Eagan with desirable parks, facilities, programs and
services throughout the community.
Priorities Identified by Residents
• Enhance arts opportunities
'~ • Modify facilities such as Cascade Bay Water Park to retain economic viability and continue attracting
a wide range of residents
• Provide desirable facilities for reasonable fees and charges with public tax support, as appropriate
• Deepen the sense of community through special events not necessarily linked to specific holidays but
rather celebrations of Eagan
Guiding Principle 3
Open and Green Space -Enhance the residents of Eagan quality of life by providing open natural and green
spaces for aesthetic, environmental, water quality, recreational and educational purposes
Priorities Identified by Residents
• Preserve/Maintain Green Space and Open Space
• Enhance both transportation and passive recreational trail systems
• Obtain high quality natural areas for the Eagan Core Greenway
• Acquire other significant resources as the opportunity presents itself
• Provide natural and cultural history interpretive programs
Guiding Principle 4
Demographic Equity -Ensure that all residents of Eagan have appropriate access to recreational opportunities.
Priorities Identified by Residents
• Community Service activities that involve youth volunteer initiative with general adult guidance
• SociaUintramural physical activities for teens not involved in organized or varsity sports
• Expanded health/recreational program opportunities for the growing segment of older adults
• Indoor aquatic-related health opportunities available during daytime hours.
C~ Page 1 of 3
City of Eagan, Park System Plan
20/20 - A Vision for Parks, Recreation and Open Space
4/21 /2005
Guiding Principles, Priorities and Key Policy Issues
• Seek more program and facility use partnerships with the private and non-profit sector of the
community to expand recreation opportunities for residents
Key Policy Issues'
2
Transportation -Transportation to the Eagan Community Center and other City recreational facilities is
inadequate for individuals without the availability of a vehicle. An improved trail system offers safe means of
accessing such facilities, but does not resolve the issue. Consideration should be given to citywide
transportation access for those residents with limited use of vehicles. In the coming years the City can expect
there will be an increase in older adults who will need such services. •' ~'
Pricing Policy -The current pricing policy for the Eagan Community Center and other facilities provides for
reduced fees for users committing to large blocks of time. No market price breaks are offered for pre-school,
teen or older adults using the facilities during under-utilized off-peak hours. The City should consider
adopting a flexible pricing policy that enables staff to offer reduced use rates for underutilized, off-peak hours
of operation to increase facility use and revenues as well as providing increased fitness opportunities for these
groups.
Enterprise Designation - To date the City of Eagan has developed and operated its premier facilities as
`` Enterprise Funds. Under statute, a facility must have a positive revenue account that is self-sustaining for both `~
operations and debt service. A policy to develop only enterprise facilities can constrain the City's ability to
develop facilities that are desirable and serve the public good (Senior Center) as well as private goods
(meeting rooms). In addition, the "Enterprise" designation places added emphasis on revenue generation over
service, leads to the practice of the City paying itself for uses from different funds, and makes the recreation
programs and services compete on price with the private user for space. These practices may make the public
opportunities less affordable and alienate resident users. Is the City willing to consider development of
additional desirable facilities that may require some established level of tax subsidization, e.g. 20% of debt
service? Other jurisdictions, recognizing that some desirable facilities will not be self-sustaining, are finding
alternative practices to optimize facility use and revenue generation without using the "Enterprise"
designation.
Overlay District for Eagan Core Greenway (ECG) -The ECG is currently a concept that needs formal
status to be realized as a City asset. The most likely method of protecting the open space is an Overlay
District. Overlay zoning is generally used when there is special public interest that doesn't coincide with the
traditional zoning in that geographic area. It is a mapped area with restrictions in addition to, or less than,
those in the underlying traditional zone. Rather than attempt to create a new zoning category, an overlay zone
is superimposed over the traditional area and establishes additional regulations, or reduces or extends the
existing uses. Overlay districts achieve various planning objectives, such as conservation of view corridors,
recreation corridors, wildlife corridors, hillside preservation and watershed protection guidelines. Recreation
linkages can also be addressed. There are a number of overlay zones or districts in Minnesota, particularly in
Duluth and St. Paul. Many include land provisions?
~ This section should be separate from and at the same heading level as the "Guiding Principles and Priorities" section.
2 I liked the specific MN overlay examples in Bill's email and I think we should include them here to show that overlay
zones/districts are being used in MN.
Page 2 of 3
City of Eagan, Park System Plan
20/20 - A Vision for Parks, Recreation and Open Space
4/21 /2005
Guiding Principles, Priorities and Key Policy Issues
3
Operational Impacts -Eagan currently has a well balanced Park and Recreation operating system. The
available staff, equipment and materials and funding is adequate to sustain the operation, maintenance,
programs and services that take place in the existing parks and facilities. Capital improvements and
acquisitions as well as additional workload accrued through added duties and responsibilities will result in a
need to increase the operating resources. The City needs to consider the level of additional general fund
resources it is willing to commit to provide additional facilities lands and services. Providing the resources to
operate, maintain and deliver services at a sustainable level equates to effective fiscal management.
Page 3 of 3
Agenda Memo
Apri126, 2005 Special City Council Meeting
IX: 2005 Parks CIP.
FACTS:
• The 2005 CIP was prepared in consultation with the Advisory Parks and Recreation
Commission (APrC).
• Typically the CIP submitted to the City Council consists of the current year and
projections for the next five years.
• Future years beyond 2005 have not been included in this review pending the completion
of the 20/20 Vision Master Plan currently underway.
• Future CIP considerations will be tied to the findings of the Master Plan and subsequent
direction by the City Council.
• Funding for the CIP comes from the Park Site Fund which is money paid by developers
in lieu of a land dedication at the time of platting.
ISSUES:
• None
ATTACHMENTS:
• Project summary - /~ 3 O- 3
V l n rti~ ,~ ~ r.
• Project Location Map ~ V'f d ~~
~9
'ii~'' City of Ea~au
MEMO
TO: TOM HEDGES, CITY ADMIlr'ISTRATOR
FROM: ADVISORY PARK AND RECREATION COMMISSION
DATE: APRIL 20, 2005
SUBJECT: 2005 PARK AND RECREATION CIP
One of the primary responsibilities of the APrC is the annual preparation and updating of the Departmental
Capital Improvement Plan. The CIP serves as a blueprint and planning guide for park projects. Projects
included in the CIP must be either a park development or improvement project. Funding for the CIP comes
from the Park Site Fund (PSF), which consists primarily of money collected from developments at the time
of platting in lieu of a dedication of land. At its February meeting, the APrC unanimously approved a CIP
recommendation for 2005 and is pleased to present it to the Council for consideration.
Historically the APrC has submitted to the City Council a CIP that consists of the current or "active" year,
generally the year at hand, and projections for the next five years. During the review process, the
active/current year of the CIP is finalized and a new "fifth" year is added. To allow sufficient time for
implementation, the current year of the CIP is generally considered to be fmal while all other years are
subject to change as part of future reviews.
The structure of the CIP has generally been driven by the projected ongoing balance of the Park Site Fund.
To provide a better view of the future, recent versions of the CIP have opened the "window" further by
including all potential projects though they may not be funded for years to come. There has also been
considerable discussion regarding the identification of alternative funding sources for the CIP.
The 2005 CIP process is somewhat unique because of the overlap with the on-going development of a new
Park Systems Plan. The new Systems Plan will identify a process and suggested means by which the
Department can facilitate the changing needs and demographics of the community over the next 15 years.
Because of the ongoing planning process, the APrC, in consultation with staff, is suggesting that the focus of
the current CIP process be only the projects suggested specifically for 2005. In light of the on-going Systems
Plan update, the CTP for 2005 should be considered as "custodial"; meaning it represents primarily a
continuation of on-going projects and initiatives that are time sensitive or made necessary by existing
conditions. No new initiatives or programs will be undertaken until the recommendations included in the
new Systems Plan have been reviewed and accepted.
As in previous CIP's the 2005 proposal also includes two line item allocations that are renewed on an annual
basis as needed. These is the land acquisition "opportunity" fund, which would be used to help acquire
priority open space should it become available, and the "small projects" fund, which is used to complete
smaller, unanticipated, capital projects or to help leverage additional financial assistance from an association
or alternative funding source. These funds remain in the account for reallocation if not spent in that given
year.
Attachments:
2005 Project Summary
2005 Project Location Map
30
PROPOSED
PARKS AND RECREATION
2005 CAPITAL IMPROVEMENT PROGRAM
LOCATION PROJECT POTENTIAL
DESCRIPTION ESTIMATED COST FOR
Est. 1/OS Balance = $1,911,700 PARTNERSHIP
PART I -IMPROVEMENTS Sub-Total Net
Goat Hill Park Playground Replacement $40,000
Ridgecliff Park Playground Equipment $35,000
Fish Lake Park Playground Equipment $25,000
Lakeside Park Playground Equipment 15 000 .
$115,000
Pilot Knob Park Tennis Court Renovation 45 000
$45,;D00
Bridle Ridge Park Hockey Rink Renovation $27,500 (if one)
Skyhill Park Hockey Rink Renovation $27,500 (if one)
$55,000
Holz Farm Phase II of Master Plan
-Renovation of Grannary $16,000
-House windows/paint 20 000
$36,000 YES
Central Park Implementation of Master Plan
`~ • Bandshell PA/lights $25,000
-Playground $35,000
• Signage/Site lighting 25 000
$85,000
Wescot Square
(held in 2004 Per CC) Picnic/Program Shelter 40 000
$40,000 YES
To be determined Small Projects
As apparent/necessary 20 000
$20,000 YES
PARTI'-PROPOSED TOTAL OF PROJECTS " . `
PART II - AC UISITI ON Sub-Total Net
Undetermined Acquisition Opportunity as 500 000
A arent/necess $500,000 YES
PART II -PROPOSED TOTAL AC UIS.OPPORTUNITY
ESTIMATED POTENTLAL CIP EXPENDTTURE
2004 Carryover (included in 1/OS Balance)
• Caponi Acquisition $720,000 - In progress
• Holz Master Plan/Phase I $ 50,000 - In progress
• Park S stems Plan $ 85,000 - In ro esss
G:\parks05\Z005 capital improvement
3/
Agenda Memo
Apri126, 2005 Special City Council Meeting
X: Wetland replacement plan. (Discuss City Ordinance inlieu of State Water Resources
Plan
FACTS:
• At their January 2005 meeting the Advisory Parks Commission directed the Natural
Resources Subcommittee to meet with staff to discuss the possible development of a
wetland protection and management plan for the City of Eagan that might result in local
ordinance in lieu of the Minnesota Wetland Conservation Act Rules.
• Background information including portions of the Wetland Conservation Act Manual,
Management Plan summary worksheet and State Statute was reviewed.
• The Natural Resources Subcommittee reviewed the information and compiled a list of
policy considerations and management implications for the APrC to consider.
• At their February 2005 meeting the Advisory Parks Commission considered the feedback
from the Natural Resources Subcommittee and also heard comments from Chad
Donnelly, Water Resource Engineer for the City of Rosemount. The City of Rosemount
and Burnsville both have had wetland protection and management plans for a number of
years.
• After review of the potential benefits and concerns identified by the subcommittee, the
APrC recommended that this information be brought to the City Council for further
questions and consideration.
ISSUES:
• Resource allocation would need to be considered in preparation for a project of this
magnitude.
ATTACHMENTS:
,ores C o a'~e~c~ei~~ C~t~.J ~k.nc~~
• Background and overviewp3 3 CC ~ I ~y /
• Excerpts from the Local Comprehensive Wetland Protection and Management Plans: ~ ,3 ~ - ~ f
3a
Local Comprehensive Wetland Protection and Management Plan (CWPMP)
ISSUE:
As an alternative to state Wetland Conservation Act rules, the City may develop a CWPMP. The purpose of the CWPMP is to
provide alternative standards for wetland management, based on specific needs and priorities of the City. A completed CWPMP
would also provide up-to-date information to other planning and policy efforts that are imminent in the future at city and watershed
scales.
BACKGROUND:
1. 1987 wetland inventory-a basic inventory prepared for the Gun Club Lake Watershed Management Organization
(GCLWMO), which contributed to:
2. 1989 GCLWMO watershed management plan, which directed:
3. 1990 City water quality management plan.
4. 1992 wetland inventory-an extended catalogue prepared for the City of past, existing, and potential status of wetlands.
BASIC PROPOSAL:
The CWPMP process would utilize relevant data and products from historical references (see previous). The first step of a CWPMP
process is a detailed field inventory of wetland functions and values. Then decision making standards (i.e., sequencing,
replacement, etc.) are developed. Once approved by the Board of Water and Soil Resources, the CWPMP is incorporated into local
ordinance. Much of the process would take about a year and be contracted at a cost of $30,000 - $50,000. Existing city staff would
implement the eventual program at an estimated overall cost savings compared to current investments for WCA implementation.
Potential benefits Potential Concerns Comments
• Use of wetlands for • Time and resources to inventory Estimated 4-6 months and $15,000 - $20,000
stormwater allowed?
• Functions and values • There will be challenges to integrate Because the CWPMP is based on wetland resources,
identified with other Clean Water Act, stormwater discharge, local
regulations(federaUstate/local development, and other programs are interconnected.
programs)
• Protection and restoration • Are liability issues more or less The CWPMP process will identify appropriate protection
potential identified between local ordinance versus strategies and differing restoration potentials for various
state/federal wetland requirements wetland qualities.
• Time and resources saved Estimated overall cost savings compared to current
investments for WCA implementation.
• Public & open process State rules require notification to agencies, citizens, and
technical staffs "to actively participate in the
development of the plan."
• Local enforceability City would have better control over how this is developed
improved and monitored.
• City joins others having Burnsville and Rosemount currently have their own plan.
CWPMPs
• Valuable for As the City matures further, opportunities and incentives
re-development to restore and/or replace lost wetland values may occur.
olicies and laps
• Valuable in managing The City maybe in an improved condition with a
non-degradation plan CWPMP regarding state requirements to restore lost
water quality values.
FUTURE DIRECTIONS:
This effort would be extensive in its own right, but would contribute,significantly to other existing or imminent planning and policy
issues, such as redevelopment, stormwater non-degradation, impaired waters, and update of water quality management plan.
RELATED POINTS:
• As of 2005, wetland conservation application fees and wetland replacement escrow deposit amounts established in the Fee
Schedule;
• Other Metro Area cities have completed CWPMPs
~~
"'""'"'mow'"'""""" r !n accordance with Minnesota Rules, part 8420.0650, as an alternative to the WCA rules
~~~~~ C
~:~..:EIG,iiT.;
a local governmental unit may develop a comprehensive wetland protection and manage-
Local ment plan. The purpose of this plan is to provide for altemative standards for manage-
ment of wetland resources, based on the needs and priorities of the LGU.
i~ofllpi"elrensrve The planning process must include the following:
l~l/eiE/aNd 'provide for resource agency and public participation;
^ wetland functional assessment information for the plan area;
L_ 1~ ^ high priority area identification;
f Y~teGtJO/'! ^ meet no-net loss of wetlands within the plan area;
,.J ^ follow Wetland Conservation Act requirements; and
G1~'!!~1 ^ a local ordinance that implements the plan.
MaNa en-refit Prior to developing a plan, an LGU must first provide notice at the beginning of the
9 planning process to BWSR (through a board conservationist), the Minnesota Department
f 1GTNS of Natural Resources, the Minnesota Pollution Control Agency, the Minnesota Depart-
ment of Agriculture, all affected local governments, and local citizens inviting participa-
tion in the development of the plan. An agency that is invited to participate in the devel-
opment of the plan but declines to do so and fails to participate or to provide written
comments during the local review process, waives the right to submit comments during
the BWSR review, except for comments concerning consistency of the plan with laws and
rules administered by that agency. In determining the merit of an agency's comment,
BWSR will consider the involvement of the agency in the development of the plan.
After BWSR approval and adoption by the local government unit, replacement plan,
exemption, and no-loss determinations are made according to the plan and ordinance.
The WCA rule provides minimum standards for a plan. Local government units must
require equivalent or greater standards and procedures for wetland conservation, but not
less. ~ .
Elements of a Comprehensive Wetland Protection and Management Plan
The contents of each plan will vary, depending upon the area of the state in which the
LGU is located. Therefore, each plan should include an introduction that describes the
reasons for developing and implementing the plan. .
Classification cf wetands
All plans must include a classification of wetlands in the plan area based on the follow-
ing:
^ an inventory of wetlands in the plan area;
an assessment of the wetland functions, based upon a methodology chosen by the
technical evaluation panel (TEP) from one of those established or approved by the
BWSR in the WCA rules; and
^ the resulting public values of the functions provided.
Sequencing standanls
The plan may vary certain standards used in making decisions regarding replacement
plans for wetlands impacted by drain, excavation. or fill activities. Plans may vary the
application of the WCA sequencing standards for projects, based upon the classification
and alternative standards set forth in the plan.
Wetland Consuvatian,4ct Manua///an. 2004 ~ Payc 46
Replacement standards
Comprehensive wetland protection and management plans may varythe replacement
standards as spelled out in the rules. Any variance to replacement standards must
ultimately ensure that there is no net loss of the public values within the area subject to
the plan.
In 50 to 80 percerrt areax
One to one replacement must be met in the plan area.
In less than 50 percerrt area
Two to one replacement must be met in the plan area, with at least one to one being new
wetland credit
In greater than 80 percent areas:
The replacement ratio must be based on the altemative standards set forth in the plan,
and replacement credit may be awarded for any project that increases the public value of
wetlands, including activities on adjacent upland areas.
/additional (optional) local requirements for wetland management
BWSR review and approval
Local capacity requiremerts
While WCA allows for local plans to adopt alternative standards for greater flexibility in
administering WCA, there is also the opportunity for the LGU to provide additional
requirements that are more restrictive than WCA. Enforcement and appeals of any local
standards that are more restrictive than state law or rules must be provided for through
local means as WCA processes (including any alternative standards in the comprehen-
sive wetland protection and management plans) will not appry, even if they are part of a
BWSR-approved plan.
~`
Once the LGU submits the final plan to Board of Water and Soil Resources, the BWSR has
a 60-day period in which to review the contents of the plan. The plan is deemed ap-
proved if BWSR does oat disagree with the plan within that 60-day review period. In its
review of the plan, BWSR will note the elements of the plan that are more restrictive than
state law and rules. Plans are approved by a resolution of the full BWSR board with a
notice of .decision letter sent by the BWSR chair or executive director.
The process that BWSR uses in the event of a disagreement with the plan contents is
spelled out in Minnesota Rules, part 8420.0650, subpart 3, items D, E, and F. In the
event that such a disagreement occurs, the LGU should immediately contact their board
conservationist to begin the process for resolving any differences.
A comprehensive wetland protection and management plan may be developed as part of
or in conjunction with a local water plan. See Minnesota Rules, part 8420.0650, subpart
3G., for additional information.
Local government units that pursue incorporating the contents of a comprehensive
wetland protection and management plan into a local ordinance must provide documen-
tation to BWSR that demonstrates local capacity to implement the plan.
Reporting and oversight ,
The local government unit must submit an annual activity report to BWSR that docu-
ments compliance with plan standards. The annual report must include ail items re-
quired in Minnesota Rules, part 8420.0650. subpart 8. ~r
Weiland Conservation AGt Manua//Jan. 2004 Pa9c 47
r
S
8420.0650 LOCAL COMPREFIENSIVE WETLAND PROTECTION AND MANAGEMENT
PLANS.
Subpart 1. General requiremeata and participation.
A. As an alternative to the rules adopted under
Minnesota Statutes, section 103G.2242, subdivision 1, and the
public value criteria established or approved under Minnesota
Statutes, section 103B.3355, a comprehensive wetland protection
and management plan may be developed by a local government unit,
or one or more local government units operating under a joint
powers agreement, provided that:
(1) a notice is made at the beginning of the
planning process to the board, the couQnissioner of natural
resources, the Pollution Control Agency, local government units,
and local citizens to actively participate in the development of
the plan; and
(2) the plan is implemented by ordinance as part
of the local government unit's official controls under Minnesota
Statutes, chapter 394, for a county; Minnesota Statutes, chapter
462, for a city; Minnesota Statutes, chapter 366, for a town;
and by rules adopted under Minnesota Statutes, chapter 103D, for
a watershed district; and Minnesota Statutes, chapter 1038, for
a watershed management organization.
B. An organization that is invited to participate in
the development of the local plan, but declines to do so and
fails to participate or to provide written comments during the
local review process, waives the right during board review to
submit comments, except comments concerning consistency of the
plan with laws and rules administered by that agency. In
determining the merit of an agency comment, the board shall
consider the involvement of the agency in the development of the
local plan. The technical evaluation panel must be consulted in
all components of plan and ordinance development including, but
not limited to, conducting wetland functional assessments,
establishing wetland management classifications, and identifying
local reference standard wetlands.
C. After board approval and local government
adoption, replacement plan, exemption, and no-loss
determinations are made according to the plan and ordinance.
This part provides minimum standards. Local government units
must require equivalent or greater standards and procedures for
wetland conservation, but not less.
Subp. 2. Play contents. The comprehensive wetland
protection and management component of the local water plan may:
A. provide for classification of wetlands in the plan
area based on:
(1) an inventory of wetlands in the plan-area;
(2) an assessment of the wetland functions listed
in part 6420.0103, using a methodology chosen by the technical
evaluation panel from one of the methodologies established or
approved by the board; and
(3) the resulting public values;
B. vary application of the sequencing standards in
part 8420.0520, for projects based oa the classification and
criteria set forth in the plan;
C. vary the replacement standards of part 6420.0540,
based on the classification and criteria set forth in the plan,
for specific wetland impacts provided there is no net loss of
3.6
public values within the area subject to the plan, and so long
as:
(1) in a 50 to BO percent area, a minimum acreage
requirement of one acre of replaced wetland for each acre of
drained or filled wetland requiring replacement is met within
the area subject to the plan; and
(2) in a less than 50 percent area, a minimum
acreage requirement of two acres of replaced wetland for each
acre of drained or filled wetland requiring replacement is met
within the area subject to the plan, except that replacement for
the amount above a 1:1 ratio can be accomplished as described is
part 6420.0540, subpart 2;
D. in a greater than 80 percent area, allow
replacement credit, based on the classification and criteria set
forth in the plan, for any project that increases the public
value of wetlands, including activities on adjacent upland
acres;
F. in a greater than SD percent area, based on the
classification and criteria set forth in the plan, expand the
application of the exemptions in part 6420.0122, subpart 1, item
D, to also include nonagricultural land, provided there is no
net loss of wetland values;
F. prescribe standards for size and location of
replacement wetlands by establishing type requirements,
size/ratio requirements, functional quality requirements,
location requirements, and wetland mitigation fee in lieu of
direct replacement criteria. Requirements for replacement must
have a direct relationship with wetland classification as
defined in the plan and must result in no net loss of wetland
quantity, quality, and biological diversity over the life of the
plan which cannot exceed ten years;
G. allow exemptions based on ordinance standards,
eligibility criteria, and processes that are not less
restrictive than the requirements in parts 6420.0115, 8420.0122,
and 6420.0210 based on wetland classifications as defined in the
plan; and
H. define and establish high priority wetland areas
pursuant to parts 6420.0350 and 8420.0400.
Subp. 2a. Project notice and appeal under local ordinance.
A. The local government unit shall submit to the
commissioner of natural resources, the watershed district if
there is one, local government units, members of the technical
evaluation panel, and local citizens who request it, a copy of
the application and provide at least 15 days' notice for
comments and a schedule for a hearing if one is to be held. A
copy of all decisions shall be forwarded to those mentioned
above within ten days of the action.
B. Appeals of ordinance decisions. Persons may
appeal replacement plan, no-loss and exemption determinations
made pursuant to an approved wetland ordinance according to the
procedures defined in part 8420.0250.
Subp. 3. Board review and approval; mediation: judicial
review.
A. The plan is deemed approved 60 days after the
local government unit submits the final plan to the board,
unless the board disagrees with the plan as provided in item D.
B. The board may not disapprove a plan if the board
~~
determines the plan meets the requirements of this part.
C. In its review of a plan, the board shall advise
the local government unit of those elements of the plan that are
more restrictive than state law and rules.
D. If the board disagrees with the plan or any
elements of the plan, the board shall, in writing, notify the
local government unit of the plan deficiencies and suggested
changes. The board shall include in the response to the local
government unit the scientific justification, if applicable, for
the board's concerns with the plan. Upon receipt of the board's
concerns with the plan, the local government unit has 60 days to
revise the plan and resubmit the plan to the board for
reconsideration, or the local government unit may request a
hearing before the board. The board shall hold a hearing within
the boundaries of the jurisdiction of the local government
within 60 days of the request for hearing. After the hearing,
the board shall, within 60 days, prepare a report of its
decision and inform the local government unit.
8. If, after the hearing, the board and local
government unit disagree on the plan, the board shall, within 60
days, initiate mediation through a neutral party. If the board
and local government unit agree in writing not to use mediation
or the mediation does not result in a resolution of the
differences between the parties, then the board may commence a
declaratory judgment action in the district court of the county
where the local government unit is located. If the board does
not commence a declaratory judgment action within the applicable
60-day period, the plan is deemed approved.
F. The declaratory judgment action must be commenced
within 60 days after the date of the written agreement not to
use mediation or 60 days after conclusion of the mediation. If
the board commences a declaratory judgment action, the district
court shall review the board's record of decision and the record
of decision of the local government unit. The district court
shall affirm the plan if it meets the requirements of this part.
G. The comprehensive wetland protection and
management plan may be developed as part of, or in conjunction
with, a local water plan. Except as otherwise provided for in
this part, all other requirements relating to development of the
plan must be consistent with the local water plan processes
under Minnesota Statutes, section 103B.231, 103B.311, or
103D.401.
5ubp. 4. $ffectiva date and amendments.
A. The plan becomes effective as provided in subpart
3 and after adoption of the plan into the official controls of
the local government unit.
B. All amendments to the adopted plan and ordinance
must be approved by the board.
C. After the effective date of the plan, a local
government unit shall make replacement, exemption, no-loss, and
other determinations consistent with the plan.
Subp. 5. Repealed, 27 SR 135
Subp. 6. Repealed, 27 SR 135
Subp. 7. Local program capacity requirements. Any local
government unit opting to pursue incorporating this chapter into
local ordinance must provide documentation to the board
demonstrating local capacity to implement the program consistent
~~
with requirements prescribed in part 8420.0200, subpart 2, item
A.
Svbp. 6. Reporting and oversight. An annual activity
report must be provided to the board which documents compliance
with plan standards as required in subpart 2. The annual report
shall include such items as the number and type of permits and
exemptions issued, including documentation of the area of
wetlands impacted and replaced, complaints received, plan and
ordinance violations including number of cease and desist
orders, projects constructed, variances granted, and local
appeal proceedings.
STAT AUTH: MS s 103B.101; 103B.3355; 103G.2242
HIST: 22 SR 1877; 25 SR 152; 27 SR 135
39
1. Local Government Unit (LGU):
2. Date notice of CoWProMP process was made to agencies and public?
, 20
3. Does the Plan provide for classification of wetlands in the plan area based on:
a) an inventory of wetlands in the plan area?
^ Yes ^ No (if yes, explain inventory methodology)
b) an assessment of the wetland functions listed in 8420.0103, using a methodology chosen by
the TEP from one of the methodologies established or approved by the board?
^Yes ^ No (if yes, list methodology used and explain how it was used)
c) the resulting public values?
^ Yes ^ No (if yes, explain how public values were determined)
4. Does the Plan vary the application of sequencing standards in 8420.0520?
^ Yes ^ No (if yes, explain)
5. Does the Plan vary the application of replacement standards in 8420.0540?
^ Yes ^ No (if yes, explain)
6. [For> 80% areas only] Does the Plan allow replacement credit far any project that increases the
public value of wetlands, including activities on adjacent upland acres?
^ Yes ^ No ^ NA (if yes, explain)
7. [For > 80% areas only] Does the Plan expand the application of exemptions in part 8420.0122,
Subpart 1, item D to also include non-agricultural land?
^ Yes ^ No ^ NA (if yes, .explain)
8. Does the Plan prescribe standards for size and location of replacement wetlands by establishing any
of the following: (check those that apply)
p type requirements ~ ^ size/ratio requirements
^ functional quality requirements ^ location requirements
Owefland nuligatioa fee is lieu of direct replacement criteria
^ Yes ^ No (if yes, explain)
9. Does the Plan allow additional exemption requirements based on ordinance standards, eligibility
criteria, and processes? (Note: exemptions cannot be made less restrictive than WCA)
^ Yes ^ No (if yes, explain)
10. Does the PIan define and establish high priority wetland areas in accordance with 8420.0350 and
8420.0400?
Yes ^ No (if yes, explain)
11. Has the LGU submitted documentation to the BWSR demonstrating local capacity to implement the
program consistent with requirements prescribed in 8420.0200, subpart 2, item A?
^ Yes ^No
12. Date final CoWProMP was submitted to the BWSR for review?
20
~g~Yor i
BWSR_Fo~ WCA_CoWProMP_1(5ummary).doc (Apri12003)
Local Government Unit
Additional Local Controls More Restrictive than WCA
Pro ram List Restrictions Ordinance Describe how restrictions va from
g rY
Feature (8420.0650, Subp. 3, Item C) Section WCA
Additional Standards for Size and Locat,on of
Replacement Revised Replacement Standard
Standard* (8420.0650, Subp. 2, Item F)
weuands
Ordinance I Rational for Additional
Section Replacement Wetland Standard(s)
• Type, siu/ratio, functional quality, location, fec in lieu
Additional Exemption Requirements
Exemption
Number Additional Exemption
Requirement(s)
(8420.0650, Sabp. 2, Item G)
Ordinance
Section
Rational for Additional Exemption
Requirement(s)
~~
Page t of 1
BWSR Form WCA_CoWProMP_2(Add_Requir).doc (.Apri12003)
Agenda Information Memo
Apri126, 2005 Eagan Special City Council Meeting
XI. REVIEW 2005-2006 CITY COUNCIL GOALS AND WORK
PROGRAM
ACTIONS TO BE CONSIDERED:
No formal action is required. The following update is provided for the Council's
information.
FACTS:
- Per the request of the Council at the January 20-21 Goals Retreat, an update on
the Council's goals and work directives will be provided at the first workshop of
each month.
- In addition to keeping the Council up to date on the progress being made on each
of the goals and directives, the purpose of the monthly Goals/Work Directives is
also to provide an opportunity for the Council to discuss or inquire about any of
the specific items.
ATTACHMENTS:
- Enclosed on pages ~ through ~ is a status update on the 2005-2006
Council Goals and Work Directives.
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Local Comprehensive Wetland Protection and Management Plan (CWPMP)
ISSUE:
As an alternative to state Wetland Conservation Act rules, the City may develop a CWPMP. The purpose of the CWPMP is to
provide alternative standards for wetland management, based on specific needs and priorities of the City. A completed CWPMP
would also provide up-to-date information to other planning and policy efforts that are imminent in the future at city and watershed
scales.
BACKGROUND:
1. 1987 wetland inventory-a basic inventory prepared for the Gun Club Lake Watershed Management Organization
(GCLWMO), which contributed to:
2. 1989 GCLWMO watershed management plan, which directed:
3. 1990 City water quality management plan.
4. 1992 wetland inventory-an extended catalogue prepared for the City of past, existing, and potential status of wetlands.
BASIC PROPOSAL:
The CWPMP process would utilize relevant data and products from historical references (see previous). The first step of a CWPMP
process is a detailed field inventory of wetland functions and values. Then decision making standards (i.e., sequencing,
replacement, etc.) are developed. Once approved by the Board of Water and Soil Resources, the CWPMP is incorporated into local
ordinance. Much of the process would take about a year and be contracted at a cost of $30,000 - $50,000. Existing city staff would
implement the eventual program at an estimated overall cost savings compared to current investments for WCA implementation.
Potential benefits Potential Concerns Comments
• Use of wetlands for • Time and resources to inventory Estimated 4-6 months and $15,000 - $20,000
stormwater allowed?
• Functions and values There will be challenges to integrate Because the CWPMP is based on wetland resources,
identified with other Clean Water Act, stormwater discharge, local
regulations(federaUstate/local development, and other programs are interconnected.
programs)
• Protection and restoration • Are liability issues more or less The CWPMP process will identify appropriate protection
potential identified between local ordinance versus strategies and differing restoration potentials for various
state/federal wetland requirements wetland qualities.
• Time and resources saved Estimated overall cost savings compared to current
investments for WCA implementation.
• Public & open process State rules require notification to agencies, citizens, and
technical staffs "to actively participate in the
development of the plan."
• Local enforceability City would have better control over how this is developed
improved and monitored.
• City joins others having Burnsville and Rosemount currently have their own plan.
CWPMPs
• Valuable for As the City matures further, opportunities and incentives
re-development to restore and/or replace lost wetland values may occur.
olicies and laps
• Valuable in managing The City maybe in an improved condition with a
non-degradation plan CWPMP regarding state requirements to restore lost
water quality values.
FUTURE DIRECTIONS:
TMs effort would be extensive in its own right, but would contribute significantly to other existing or imminent planning and policy
issues, such as redevelopment, stormwater non-degradation, impaired waters, and update of water quality management plan.
RELATED POINTS:
• As of 2005, wetland conservation application fees and wetland replacement escrow deposit amounts established in the Fee
Schedule;
• Other Metro Area cities have completed CWPMPs