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12/06/2011 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING DECEMBER 6, 2011 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE P311. ADOPT AGENDA Ill. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) f4 A. APPROVE MINUTES P 9 B. PERSONNEL ITEMS �•l� C. APPROVE Check Registers J� D. APPROVE Amendment adding South Metro Fire to Dakota County Fire Mutual Aid Agreement JL+ E. APPROVE a Resolution accepting a Donation of $2,000 from the Eagan Fire Department Auxiliary for the Fire Department #11P F. APPROVE Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge Winter Classic Events on January 27 and 28, 2012 iP 19 G. APPROVE Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Wal -Mart Stores, Inc. DBA Wal -Mart Store #1786 Pub H. APPROVE Change in Management on the Off -Sale Liquor License for Sam's West DBA Sam's Club #4738 P I. APPROVE Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Kwik Trip, Inc. DBA Kwik Trip #662 J. APPROVE Change in Management on the Off -Sale Liquor License for Supervalu Inc, DBA Cub Liquors and the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Eagan 2008 LLC DBA Cub Foods K. APPROVE Change in Management on the Off - Sale 3.2 Percent Malt Liquor (Beer) License for Northern Tier Retail, LLC, DBA SuperAmerica #4049 a4 L. APPROVE Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Northern Tier Retail, LLC, DBA SuperAmerica #4464 M. APPROVE Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for RBF, LLC of Wisconsin DBA Rainbow Foods A(,p N. APPROVE Change in Management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Supervalu, Inc. DBA Cub Foods fal O. APPROVE On -Sale 3.2 Percent Malt Liquor (Beer), Wine and Sunday License for Sangat, Inc. DBA Indian Zayka, 1260 Town Centre Drive -FSQ P. APPROVE renewals of existing alcohol licenses for 2012 Q. DIRECT City Clerk to issue 2012 alcohol license renewals upon licensees' submission of renewal documents and fees R. APPROVE renewals of existing tobacco licenses for 2012 S. DIRECT City Clerk to issue 2012 tobacco license renewals upon licensees' submission of renewal documents and fees X3 T. APPROVE renewals of existing tree maintenance contractor licenses for 2012 Pig U. DIRECT City Clerk to issue 2012 tree maintenance contractor licenses upon licensees' submission of renewal documents and fees PLg�) V. APPROVE renewals of existing trash hauler licenses for 2012 p W. DIRECT City Clerk to issue 2012 trash hauler licenses upon licensees' submission of renewal Y.4a documents and fees X. APPROVE renewals of existing kennel and pet shop licenses for 2012 Q Y. DIRECT City Clerk to issue 2012 kennel and pet shop licenses upon licensees' submission of renewal documents and fees f. Z. APPROVE Revised Fund Balance Policy and related Resolution committing specific revenue sources in Special Revenue Funds psi AA. APPROVE Agreement with Vanco Services for ACH processing of utility customer bank -pay checks Y• � BB. APPROVE Resolution agreeing to enter into an Assessment Agreement —(City of Eagan and Perron Family Members) p CC.APPROVE Change Order No. 2 for Contract 10 -11, Ames Crossing Road (Street & Utility Improvements) DD. APPROVE Change Order No. 2 for Contract 11 -08, Cedar Grove Boulevard (Street & Utility Improvements) Q ( EE. PRESENT Feasibility Report for Project 1061 (S & W — Sibley Court — Street Overlay) and schedule Public Hearing for January 3, 2012 �(p(Q FF. PRESENT Feasibility Report for Project 1060 (Tesseract Place — Street Overlay) and schedule Public Hearing for January 3, 2012 '9,(p, GG.PRESENT Feasibility Report for Project 1076 (Slater Road/ Whispering Woods 4m _ 5 th Additions — Street Overlay) and schedule Public Hearing for January 3, 2012 HH. AUTHORIZE Applications to Minnesota Pollution Control Agency for Clean Water Partnership Grants �Q II. APPROVE Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd ll Catholic School's Live and Silent Auction on January 28, 2012 �J -71 JJ. APPROVE Application for exempt permit for Faithful Shepherd Catholic School to hold a raffle on January 28, 2012 iP 2 KK. APPROVE Renewal of existing pigeon license for 2012 V. PUBLIC HEARINGS 1. 714 A. VARIANCE —Bradford Place - Lester Bordsen /Homeowner -A Variance to allow more than two detached accessory structures exceeding 800 sq. ft, accessory square footage area exceeding the square footage of the dwelling, an accessory structure in the front yard and exceeding the height requirements located at 733 Bradford Place gs B. COACHMAN OAKS Housing Improvement Area — City of Eagan P.100 C. PROJECT 1085 (Denmark Avenue, Promenade Place to Town Centre Drive — Intersection Traffic Control & Street Improvements) P.1?5D. PROPOSED 2012 Budget and Property Tax Levy VI. OLD BUSINESS VII. NEW BUSINESS (. )3 1 A. COMPREHENSIVE GUIDE PLAN AMENDMENT and REZONING — Former Fire Administration Building - A Comprehensive Guide Plan Amendment from Quasi Public, QP to Office /Service, O/S and A Rezoning from Public Facility, PF to Limited Business, LB located at 3795 Pilot Knob Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY f11J.D,A. CalltoOrder B. Adopt Agenda C. Consent Agenda P. r 1. Approve EDA Minutes D. Old Business E. New Business P )L41 1. Authorize RLK, Inc. to complete American Land Title Association (ALTA) survey for Cedar Grove Redevelopment Area F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of Eagan mm TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 2, 2011 SUBJECT: AGENDA INFORMATION FOR DECEMBER 6, 2011 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 6, 2011 City Council agenda, the following items are in order for consideration. IS Agenda Information Memo December 6, 2011 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 November 15, 2011 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the November 15, 2011 Regular City Council meeting are enclosed on pages through 7 . MINUTES OF A REGULAR MEETING OF THE�� EAGAN CITY COUNCIL t Eagan, Minnesota NOVEMBER 15, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, November 15, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Communications Director Garrison, Director of Parks and Recreation Johnson and Animal Control Officer Grimm. Councilmember Fields was absent. AGENDA City Administrator Hedges requested an item be added to the Recognitions and Presentation section of the Agenda entitled, Opening of Duckwood Overpass. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Comments from the Council and City staff were made recognizing the opening of the Duckwood Overpass and the completion of the City's Ring Road Project. CONSENT AGENDA Councilmember Hansen, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minute of the November 1, 2011 regular City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to accept the resignation of Police Receptionist, Deborah (Deb) Gustin 2. It was recommended to authorize the status change of Police Receptionist, Joanne O'Keefe, from .5 FTE to a 1.0 FTE 3. It was recommended to approve the recruitment of a temporary Fire Inspector until further notice. 4. It was recommended to authorize replacement of the position of Fire Marshall 5. It was recommended to accept the resignation of Jeff Munsterteiger, Code Enforcement/Property Maintenance Technician and authorize his replacement 6. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation C. It was recommended to approve Check Registers dated October 27, 2011 and November 3, 2011 as presented D. It was recommended to approve a Resolution accepting a donation from Bonfire's Restaurants of $662.70 for the Fire Department E. It was recommended to approve a Resolution accepting a donation from Wal -Mart of $500 for the Fire Department F. It was recommended to approve a Resolution to accept a donation of a park bench to be located at Holz Farm G. It was recommended to approve a Resolution to accept a donation of equipment for visually impaired people H. It was recommended to authorize an application of a Grant from the Metropolitan Regional Arts Council for a Community Arts Grant 1. It was recommended to authorize a request for Speed Study by Minnesota Department of Transportation — Ames Crossing Road J. It was recommended to approve final payment for Contract 10 -10, South Water Treatment Plant 5 City Council Meeting Minutes November 15, 2011 2 page DRA K. It was recommended to approve final payment for Contract 11 -04, Citywide Sanitary Sewer Lining L. It was recommended to present the Feasibility Report for Project 1047 (Johnny Cake Ridge Road South — Street Overlay) and Schedule Public Hearing (December 20, 2011) M. It was recommended to present the Feasibility Report for Project 1078 (Johnny Cake Ridge Road North — Street Overlay) and Schedule Public Hearing (December 20, 2011) N. It was recommended to present the Feasibility Report for Project 1079 (Denmark Avenue/ Clubview Drive — Street Overlay) and Schedule Public Hearing (December 20, 2011) O. It was recommended to present the Feasibility Report for Project 1080 (Rahn Road — Street Overlay) and Schedule Public Hearing (December 20, 2011) P. It was recommended to approve final payment for Contract 10 -21, Trapp Farm Park Infiltration Basin Q. It was recommended to approve Change Order No. 1 for Contract 11 -08, Cedar Grove Boulevard (Street & Utility Improvements) R. It was recommended to approve a Membership Agreement with the National Joint Powers Alliance purchasing cooperative S. It was recommended to approve a Massage Therapy Establishment License for Jodee Jones, Cloud Nine Salon and Spa, 1284 Town Centre Drive Suite 114 T. It was recommended to schedule a Public Hearing for December 6, 2011 for consideration of a Housing Improvement Area for Coachman Oaks Condominium Homeowners Association City Administrator Hedges commented on the four items under Consent acknowledging donations that were made to the City. PUBLIC HEARINGS VARIANCE — BOSTON COURT / MATTHEW TOLIC City Administrator Hedges introduced the item regarding a 5 foot variance to the required 15 foot rear yard setback for a deck located at 3924 Boston Court, legally described as Lot 12, Block 1, Lexington Square 2 nd Addition. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. Homeowners Matthew and Kandice Tolic were present and addressed the Council regarding the variance. Two additional neighbors located at 3918 Boston Court and 3923 Boston Court spoke individually in favor of the variance. Lance Staricha, 3895 Newtown Court, was present and had previously sent correspondence opposing the variance at 3924 Boston Court. Mr. Staricha amended his position on the variance to only a concern with the proposed location of the deck stairway. The Council discussed the previous and proposed location of the deck stairs noting the variance only applies to the stairs. Council and staff further discussed the incorrect information in the handout given to the homeowner regarding the rear yard setback for the construction of a deck, noting the homeowner's contractor started construction prior to receiving an approved Building Permit. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a variance of 5 feet to the 15 foot required rear yard setback for construction of a deck on property containing a single family home in a PD, Planned Development, zoning district located at 3924 Boston Court, legally described as Lot 12, Block 1, Lexington Square 2 nd Addition, subject to the conditions listed in the staff report. Aye: 3 Nay: 1 (Hansen) 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 required 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, City Council Meeting Minutes November 15, 2011 3 page D R A 2. The applicant shall obtain a building permit prior to construction, and identify the rear lot line so the setbacks can be verified. 3. The applicant shall identify the property line and verify compliance with required setbacks at the time of the footing inspection. OLD BUSINESS ORDINANCE AMENDMENT RELATIVE TO DOG, CAT, FERRET AND HORSE REGULATION SECTION 10.11 OF THE EAGAN CITY CODE City Administrator Hedges introduced the item regarding an ordinance amendment relative to dog, cat, ferret and horse regulation contained in Section 10.11 of the Eagan City Code. Hedges noted the changes are based upon new inoculation requirements, licensing standards and convenience for pet owners and streamlining enforcement and quarantine actions. Police Chief McDonald noted the updates, along with three additional changes to the proposed ordinance amendment; 1.) page 3 of the ordinance amendment, paragraph (a) deleting "providing the date thereof' from the last sentence and replacing it with "as of the indicated date on the certificate. 2.) page 4 of the ordinance amendment paragraph (a) striking the words biting, 4"' line down, and adding "that bit or has been bitten" after the word ferret (same line) to read .... the owner of the dog, cat, or ferret that bit or has been bitten, having been so notified... ; and 3.) page 5 of the ordinance amendment, deleting the word dog from the third line down from the top of the page. The Council held a brief discussion regarding the updates and changes to the ordinance. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an ordinance amendment relative to dog, cat, ferret, and horse regulation contained in Section 10.11 of the Eagan City Code and direct the City Attorney to publish the ordinance amendment summary, along with the 3 additional changes discussed. Aye: 4 Nay: 0 NEW BUSINESS There were no items for discussion. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:23 p.m. Aye:4 Nay:0 Date Mayor Clerk 7 Agenda Information Memo December 6, 2011 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve hiring of Eagan Fire Fighter, Andrew Fossum and Eagan Fire Fighter, Tom Schellinger at temporary Fire Inspectors. FACTS: On November 22, 2011, the City Council previously approved hiring a temporary Fire Inspector not to exceed 30 hours per week, until further notice, (as the current Fire Inspector is filling the Fire Marshal duties). The Fire Department wishes to hire 2 temporary Fire Inspectors whose combined hours of work will not exceed 30 hours per week. Offering the temporary position to two individuals will allow for greater flexibility in scheduling and will allow for inspections to occur over a period of time that exceeds a typical work day. Item 2. ACTION TO BE CONSIDERED: Authorize a Phased Retirement Agreement for Gene VanOverbeke effective January 30, 2012 through December 31, 2012 FACTS: • The Public Employee Retirement Association (PERA) allows for a provision in which a qualified public employee may reduce their work hours from full time to part time and collect their pension without resigning while adhering to specific stipulations. • City Administration submits the attached Phased Retirement Agreement between the City of Eagan and Gene VanOverbeke. Contents of the agreement address hours of work, compensation, PERA related benefits and limits as well as severance language and a detailed summary of how City related benefits will be managed with the status change from full time to part time. ATTACHMENTS: Attached without page number is a copy of the Supplemental Benefits Summary and City of Eagan Phased Retirement Agreement. to Item 3. ACTION TO BE CONSIDERED: Approve the hiring of Erica Olson for the Clerical Technician III position in the Community Development Department. FACTS: • On November 1, 2011, Council approved re- filling of the Clerical Technician III position due to an employee's promotion. Item 4. ACTION TO BE CONSIDERED: ADDrove the hiring of Seasonal EmDlovees in Parks & Recreation: Name Division Job Title Parks & Michael Hemmingson Recreation Recreation Program Assistant Parks & Richard LeMay Recreation Winter Recreation Leader Parks & Ryan Marks Recreation Winter Recreation Leader INFORMATIVES: Civic Arena Campus Facilities Manager on Duty named: Michael Maurer • City Council approved hiring for this position on October 18, 2011. Agenda Information Memo December 6, 2011 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 10, 2011, November 17, 2011 and November 23, 2011 as presented. ATTACHMENTS: Check registers dated November 10, 2011, November 17, 2011 and November 23, 2011 are enclosed without page number. /0 Agenda Memo December 6, 2011 Regular City Council Meeting CONSENT AGENDA: D. APPROVE AMENDMENT ADDING SOUTH METRO TO DAKOTA COUNTY FIRE MUTUAL AID AGREEMENT ACTION TO BE CONSIDERED: Approve Amendment adding South Metro to Dakota County Fire Mutual Aid Agreement. FACTS: • In 2006 the Cities of South St. Paul and West St. Paul entered into an agreement to consolidating their two fire departments into one combined fire department. • The new fire department is called the South Metro Fire Department. • The current Dakota County Fire Mutual Aid Agreement still shows West St. Paul and South St. Paul Fire Departments. • The attached amendment terminates West St. Paul and South St. Paul Fire Departments and adds South Metro Fire Department to the mutual aid agreement. ATTACHMENTS: Amendment attached on pages ) C — through J AMENDMENT NO.1 TO THE DAKOTA COUNTY MUTUAL AID FIRE SERVICES AGREEMENT WHEREAS, the Cities of West St. Paul and South St. are in the process of consolidating their fire departments into the South Metro Fire Department; and WHEREAS, both City Councils of West St. Paul and South St. Paul have approved of the consolidation and are making strides toward a date at which time the South Metro Fire Department will be fully integrated and operational ("Operational Date'); and WHEREAS, the exact date that the South Metro Fire Department will become operational is undetermined, however, it is critical that the Dakota County Mutual Aid Fire Services Agreement ( "Agreement') seamlessly transfers the liabilities, benefits and obligations to the South Metro Fire Department as of the Operational Date and that the cities of West St. Paul and South St. Paul are terminated as parties to the Agreement as of the Operational Date; and WHEREAS, it is in the best interest of the parties to the Agreement that mutual aid in its current form and operation continue without interruption; and WHEREAS, the most efficient way to accomplish a seamless transfer in the Agreement is to amend the Agreement such that the cities of South St. Paul and West St. Paul are replaced by the South Metro Fire Department, effective as of the Operational Date; and WHEREAS, the Cities of West St. Paul and South St. Paul accept all liabilities and obligations accrued by them up to the Operational Date; and WHEREAS, the South Metro Fire Department is willing to accept all liabilities, benefits and obligations from the Operational Date forward. NOW, THEREFORE, THE DAKOTA COUNTY MUTUAL AID FIRE SERVICES AGREEMENT IS HEREBY AMENDED AS FOLLOWS: 1. The Cities of West St. Paul and South St. Paul are terminated as parties to the Agreement as of the date that the South Metro Fire Department becomes operational. 2. The South Metro Fire Department will become a party to the Agreement as of the date that it becomes operational. (SIGNATURE PAGES TO FOLLOW) PAGE 1 op 17 1C-� CITY OF EAGAN BY: MAYOR CITY CLERK/CITY MANAGER/ CITY ADMINISTRATOR DATE: PAGE 5 OF 17 1-3 Agenda Memo December 6, 2011 Regular City Council Meeting CONSENT AGENDA: E. APPROVE A RESOLUTION ACCEPTING A DONATION FROM THE EAGAN FIRE DEPARTMENT AUXILIARY FOR THE FIRE DEPARTMENT ACTION TO BE CONSIDERED: To approve a resolution accepting a donation from the Eagan Fire Department Auxiliary in the amount of $2,000 for the fire department and approve the related General Fund budget adjustment increasing donation revenue and the Fire Department capital expenditures in the same amount. FACTS: • The Eagan Fire Department Auxiliary conducts fund raising events throughout the year including their Ice Cream Social in August. • The Auxiliary has offered to make a $2,000 donation to the Eagan Fire Department to help pay for some new firefighter helmets with built in LED lights for firefighter safety. • A thank you letter will be sent to the Eagan Fire Department Auxiliary from the fire department. ATTACHMENTS: Resolution enclosed on page I G- EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City December 6, 2011, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Fire Department Auxiliary has offered to donate $2,000 for use by the City of Eagan Fire Department to purchase fire helmets; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Fire Auxiliary for the gracious and generous donation. ADOPTED this 6th day of December, 2011. Mike Maguire, Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. IS Agenda Information Memo December 6, 2011, Eagan City Council Meeting F. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR TRINITY SCHOOL AT RIVER RIDGE WINTER CLASSIC EVENTS ON JANUARY 27 AND 28, 2012. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge's Winter Classic Events on January 27 and 28, 2012. FACTS: ➢ Trinity School at River Ridge has requested a temporary on -sale liquor license be issued to them for a Winter Class Event planned for January 27 and 28, 2012. The event will be held inside the school building, located at 601 River Ridge Parkway. The event is a fundraiser for the school. ➢ Trinity School at River Ridge has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for final approval. ATTACHMENTS (1): ➢ Letter enclosed on pages 11 and . (The complete application is available from the Office of the City Clerk.) /w I M 1V TRINITY SCHOOL River Rid ge VERUM • BONum • PULumum November 11, 2011 Ms. Christina Scipioni City Clerk, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Scipioni: Trinity School at River Ridge is applying for a Temporary On -Sale Liquor License for our Trinity School Winter Classic Events, Friday, January 27 and Saturday, January 28 2012. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council Meeting. Thank you for working with us to help us secure the license. 1. The Minnesota Department of Public Safety Application and Permit for Temporary On -sale Liquor License was completed and is included with this letter. An additional copy can be provided. 2. I will be faxing The Certificate of Liability Insurance from the Gibson Insurance Company. Our insurance meets or exceeds your requirements. An additional copy can be sent if needed. 3. The Trinity School Winter Classic will be held at Trinity School at River Ridge, 601 River Ridge Parkway, Eagan, Minnesota, 55121. The event will be held indoors within the school premises, and entrance into the Winter Classic will be through our east door, the "Event Entrance." 4. a. We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. b. The beverage servers will require that any person desiring to purchase or be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. Then the age of the person is verified, he /she will be issued a wristband which he /she will wear throughout the Winter Classic. No alcohol will be served to a guest who does not have a wristband. 5. No one selling alcohol shall be intoxicated or consume alcoholic beverages during their work shift. 17 6. Trinity school will post signs at the entrance notifying the public that sales to and consumption to alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 7. The alcoholic beverages will be available for sale or consumption from 7 -10 p.m. on Friday, January 27 and 5 -11 p.m. on Saturday, January 28, 2012. 8. Trinity School will designate an on -site manager in compliance with the City of Eagan's requirement. Trinity School at River Ridge requests that the City Council of Eagan wave the $150 fee since, as a non - profit school organization. This is a fundraising event. If you have any additional questions, please contact me at the phone number below. Other Trinity School employees involved in the planning of the Winter Classic, include Peg Louiselle and Steve Hendrickson. Sincerely, Jennifer Theis Administrative Assistant Trinity School River Ridge Parkway Eagan, MN 55121 j thei sktrinityschool s. org www.tsrr.org 651- 789 -2890, ext. 222 Fax: 651- 789 -2891 Cell: 651- 329 -3866 1e Agenda Information Memo December 6, 2011, Eagan City Council Meeting G. APPROVE CHANGE IN MANAGEMENT ON THE OFF -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR WAL -MART STORES, INC. DBA WAL -MART STORE 41786 ACTION TO BE CONSIDERED: To approve a change in management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Wal -Mart Stores, Inc, DBA Wal -Mart Store #1786, located at 1360 Town Centre Drive. FACTS: ➢ A change in management has occurred at the above referenced location. A new manager of Wal -Mart Store #1786, Christine Haakonson, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) �9 Agenda Information Memo December 6, 2011, Eagan City Council Meeting H. APPROVE CHANGE IN MANAGEMENT ON THE OFF -SALE LIQUOR LICENSE FOR SAM'S WEST DBA SAM'S CLUB #4738 ACTION TO BE CONSIDERED: To approve a change in management on the Off -Sale Liquor License for Sam's West DBA Sam's Club #4738, located at 3035 Denmark Avenue. FACTS: ➢ A change in management has occurred at the above referenced location. A new manager of Sam's Club #4738, Jennifer Mercil, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) a� Agenda Information Memo December 6, 2011, Eagan City Council Meeting I. APPROVE CHANGE IN MANAGEMENT ON THE OFF -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR KWIK TRIP, INC. DBA KWIK TRIP #662 ACTION TO BE CONSIDERED: To approve a change in management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Kwik Trip, Inc. DBA Kwik Trip #662, located at 3145 Dodd Road. FACTS: ➢ A change in management has occurred at the above referenced location. A new manager of Kwik Trip #662, Robert Nicklay, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) Q, Agenda Information Memo December 6, 2011, Eagan City Council Meeting J. APPROVE CHANGE IN MANAGEMENT ON THE OFF -SALE LIQUOR LICENSE FOR SUPERVALU, INC. DBA CUB LIQUORS AND THE OFF - SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR EAGAN 2008 LLC DBA CUB FOODS ACTION TO BE CONSIDERED: To approve a change in management on the Off -Sale Liquor License for Supervalu, Inc. DBA Cub Liquors, located at 1016 Diffley Road, Suite 800, and the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Eagan 2008 LLC DBA Cub Foods, located at 1020 Diffley Road. FACTS: ➢ A change in management has occurred at the above referenced locations. A new manager of Cub Liquors and Cub Foods, Jeffrey O- Keefe, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) C�CZ Agenda Information Memo December 6, 2011, Eagan City Council Meeting K. APPROVE CHANGE IN MANAGEMENT ON THE OFF -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR NORTHERN TIER RETAIL, LLC, DBA SUPERAMERICA #4049 ACTION TO BE CONSIDERED: To approve a change in management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Northern Tier Retail, LLC, DBA SuperAmerica #4049, located at 4200 E Highway 13. FACTS: ➢ A change in management has occurred at the above referenced location. A new manager of SuperAmerica #4049, Michael Albert, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) A5 Agenda Information Memo December 6, 2011, Eagan City Council Meeting L. APPROVE CHANGE IN MANAGEMENT ON THE OFF -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR NORTHERN TIER RETAIL, LLC, DBA SUPERAMERICA #4464 ACTION TO BE CONSIDERED: To approve a change in management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Northern Tier Retail, LLC, DBA SuperAmerica #4464, located at 2250 Cliff Road. FACTS: ➢ A change in management has occurred at the above referenced location. A new manager of SuperAmerica #4464, Amber Fiedler, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) 'a� Agenda Information Memo December 6, 2011, Eagan City Council Meeting M. APPROVE CHANGE IN MANAGEMENT ON THE OFF -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR RBF, LLC OF WISCONSIN DBA RAINBOW FOODS ACTION TO BE CONSIDERED: To approve a change in management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for RBF, LLC of Wisconsin DBA Rainbow Foods, located at 1276 Town Centre Drive. FACTS: ➢ A change in management has occurred at the above referenced location. A new manager of Rainbow Foods, Christopher Pickar, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) as Agenda Information Memo December 6, 2011, Eagan City Council Meeting N. APPROVE CHANGE IN MANAGEMENT ON THE OFF -SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR SUPERVALU, INC. DBA CUB FOODS ACTION TO BE CONSIDERED: To approve a change in management on the Off -Sale 3.2 Percent Malt Liquor (Beer) License for Supervalu, Inc. DBA Cub Foods, located at 1940 Cliff Lake Road. FACTS: ➢ A change in management has occurred at the above referenced location. A new manager of Cub Foods, Christopher Bergsten, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) all N Agenda Information Memo December 6, 2011, Eagan City Council Meeting O. APPROVE ON -SALE 3.2 PERCENT MALT LIQUOR (BEER), WINE AND SUNDAY LICENSE FOR SANGAT, INC. DBA INDIAN ZAYKA, 1260 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve the On -Sale 3.2 Percent Malt Liquor (Beer), Wine and Sunday License for Sangat, Inc. doing business as Indian Zayka, located at 1260 Town Centre Drive. FACTS: ➢ Jatin Setia, president of Sangat, Inc., has applied for an On -Sale 3.2 Percent Malt Liquor (Beer), Wine and Sunday License. If approved, the license period will be January 1, 2012 to December 31, 2012. ➢ Sangat, Inc. is purchasing the existing Sambol Restaurant, which currently has an On -Sale 3.2 Percent Malt Liquor (Beer), Wine and Sunday License. Sangat, Inc. is changing the name of the restaurant to Indian Zayka. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) 017 Agenda Information Memo December 6, 2011, Eagan City Council Meeting P. APPROVE RENEWALS OF EXISTING ALCOHOL LICENSES FOR 2012 ACTION TO BE CONSIDERED: To approve the renewals of existing alcohol licenses for 2012. FACTS: ➢ The breakdown of the alcohol license renewals for the year 2012 are anticipated to be as follows: 0 16 Off -Sale Liquor 0 29 On -Sale Liquor (2 hotels and 27 traditional restaurants) 0 8 On -Sale 3.2 Percent Malt Liquor (Beer) and Wine 0 5 On -Sale 3.2 Percent Malt Liquor (Beer) 0 12 Off -Sale 3.2 Percent Malt Liquor (Beer) 0 1 Brewpub Off -Sale Malt Liquor 0 1 Sports /Convention Facility ➢ The attached list includes those establishments that have submitted a complete renewal package. The remainder of the license renewals will be approved by the City Clerk, as authorized by the City Council, when a completed renewal package is submitted. ATTACHMENTS (1): Alcohol license renewals on pages � to. r W1 u u s. 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DIRECT CITY CLERK TO ISSUE 2012 ALCOHOL LICENSE RENEWALS UPON LICENSEES' SUBMISISON OF RENEWAL DOCUMENTS AND FEES ACTION TO BE CONSIDERED: To direct the City Clerk to issue 2012 alcohol license renewals upon the licensees' submission of renewal documents and fees. FACTS: ➢ In an effort to streamline the year -end license renewal process and to ensure the issuance of as many license renewals as possible prior to the December 31, 2011 expiration date, the following renewal process was instituted in 2009 per the direction of the City Attorney's office. ➢ All completed alcohol license renewals have been placed on the Consent Agenda as one action item for the approval by the City Council at one Council meeting. All incomplete renewals items are identified in this agenda item. The City Council is being asked to direct the City Clerk to issue the incomplete license renewals upon the licensees' submission of all renewal documents and fees and successful review by the Police Department. ➢ All documentation and fees must be submitted to the City Clerk's office by 4:30 p.m. on Friday, December 30, 2011, at which time the City Clerk's authority to issue 2012 license renewals will cease. If a renewal application is incomplete in any way, the 2011 license will expire as of 12:01 a.m. January 1, 2012 and the establishment will be unable to sell alcohol until a new application is submitted, all fees are paid, and Council has approved the license. For some licenses, final approval by the State of Minnesota will also be necessary. ➢ The City Clerk's office has contacted every licensee whose renewal applications had not been received or was not complete by the November 10 deadline. An additional reminder will be sent following Council action on December 6 informing the licensees that all renewal information and fees must be submitted prior to 4:30 p.m. on Friday, December 30; otherwise, the 2011 license will lapse. ➢ The attached list identifies those alcohol licensees that have either submitted an incomplete renewal package or have not submitted anything to date. ATTACHMENTS (1): List of incomplete alcohol license renewals on page V o� N 0 N a, a, v s 0 a, NJ i u O 0 .a N wl i b V a a, z 0, a A� Q a� a, u c� a� cd 0 04 > cd Q a) ' o Q Urx Cd �o C� yo000 'IT Q v O to N M kn a N M .0 � a a� Cd Cd 0 cd �4UC") U 0 .a a o 0 y o o C y a ,. 0 o v a) zo zo Au�4 U .0 � a a� Cd Cd 0 cd �4UC") U .a .a y o o y a ,. 0 o v zo zo Cd U v v i fay 00 S3 V M V 01 "O 00 m V as as a, a, M u M � Cd A� A3 aQ A rx U .a .a zo zo Cd U v v i fay S3 Agenda Information Memo December 6, 2011, Eagan City Council Meeting R. APPROVE RENEWALS OF EXISTING TOBACCO LICENSES FOR 2012 ACTION TO BE CONSIDERED: To approve renewals of existing tobacco licenses for 2012. FACTS: ➢ The following businesses have submitted tobacco license renewal applications for 2012, paid the appropriate fees, and met all requirements of City Code: • SuperAmerica #4049, 4200 E Highway 13 • SuperAmerica #4182, 1406 Yankee Doodle Road • SuperAmerica #4335, 1379 Town Centre Drive • SuperAmerica #4464, 2250 Cliff Road • Big Discount Liquor, 3900 Cedar Grove Parkway • Big Top Wine & Spirits, 1284 Town Centre Drive, Ste. 110 • Cedar Cliff BP, 4600 Slater Road • Cedarvale Bowl, Inc., 3883 Cedar Grove Parkway • CVS Pharmacy, 4241 Johnny Cake Ridge Road • Eagan Liquor Mart, 1454 Yankee Doodle Road • Eagan BP, Inc., 1424 Yankee Doodle Road • Eagan Cigars and Tobacco Store, 3450 Pilot Knob Road • Holiday Stationstore #68, 1065 Diffley Road • Holiday Stationstore #232, 4595 Nicols Road • Holiday Stationstore #247, 3615 Pilot Knob Road • Holiday Stationstore #318, 3044 Holiday Lane • Holiday Stationstore #400, 2660 Eagan Woods Drive • Holiday Stationstore #401, 1650 Diffley Road • Kwik Trip #662, 3145 Dodd Road • Lone Oak Market, 1286 Lone Oak Road • Lucky's Station LLC, 3390 Coachman Road • New Mart, 1969 Silver Bell Road • Perrier Wines & Liquors, 1960 Cliff Lake Road • PDQ Store #214, 4198 Pilot Knob Road • Pro Stop Service Centers, Inc., 850 Lone Oak Road • Rainbow Foods #8815, 1276 Town Centre Drive • Sam's Club #4738, 3035 Denmark Avenue • Walgreen's #10641, 1274 Town Centre Drive • Walgreen's #5081, 4220 Lexington Ave • Walgreen's #20766, 2010 Cliff Road • Wal -Mart Supercenter #1786, 1360 Town Centre Drive 5�_ • Yocum's Holiday #3831, 1579 Cliff Road • Go- For -It Gas, 4206 Nicols Road • Ansari's Mediterranean Grill & Bar, 1960 Rahncliff Court • Hidalgo Market, 4130 Blackhawk Road, Suite 108 • Cub Foods, 1020 Diffley Road • Black Diamond Wine & Spirits, 525 Diffley Road #2050 • Cedar Diffley BP, 4205 Nichols Road • Cub Foods, 1020 Diffley Road • Diffley Square Liquors, 4130 Blackhawk Road • MGM Wine & Spirits, 4182 Pilot Knob Road • Sinclair Dinomart, 1815 Diffley Road • T L Liquors, 1565 Cliff Road Suite 18 & 19 • BK Discount Liquor, 1629 Lena Court ATTACHMENTS (0): (The renewal applications are available from the Office of the City Clerk.) 3-=� Agenda Information Memo December 6, 2011, Eagan City Council Meeting S. DIRECT CITY CLERK TO ISSUE 2012 TOBACCO LICENSE RENEWALS UPON LICENSEES' SUBMISSION OF RENEWAL DOCUMENTS AND FEES ACTION TO BE CONSIDERED: To direct the City Clerk to issue 2012 tobacco license renewals upon licensees' submission of renewal documents and fees. FACTS: ➢ The following business currently has a 2011 tobacco license, but has not submitted a renewal application for 2012. It is anticipated the application will be received before December 31, 2011. o Asian Food Market, 2105 Cliff Road ➢ The City Council is being asked to direct the City Clerk to issue the license renewal upon the licensee's submission of all renewal documents and fees. All documentation and fees must be submitted to the City Clerk's office by 4:30 p.m. on Friday, December 30, 2011, at which time the City Clerk's authority to issue 2012 license renewals will cease. If a renewal application is incomplete in any way, the 2011 license will expire as of 12:01 a.m. January 1, 2012 and the establishment will be unable to sell tobacco until a new application is submitted, all fees are paid, and Council has approved the license. ATTACHMENTS (0): 01 Agenda Information Memo December 6, 2011 Eagan City Council Meeting T. APPROVE RENEWALS OF EXISTING TREE MAINTENANCE CONTRACTOR LICENSES FOR 2012 ACTION TO BE CONSIDERED: To approve renewals of Tree Maintenance Contractor Licenses for 2012 FACTS: ➢ The following have submitted tree maintenance contractor license renewal applications for 2012, paid the appropriate fees, met all requirements of the City Code, and are in order for approval: • Outdoor Specialties • Wright Tree Service • The Davey Tree Expert Co. • R.D. & Assoc Specialized Services • MC Tree Service • St. Croix Tree Service • B &M Tree Service and Landscaping • Bartlett Tree Expert Co. • Treecology, LLC • Natural Contours • Miller Tree Service ATTACHMENTS (0): (The complete applications are available from the Office of the City Clerk.) :J7 Agenda Information Memo December 6, 2011 Eagan City Council Meeting U. DIRECT CITY CLERK TO ISSUE 2012 TREE MAINTENANCE CONTRACTOR LICENSES UPON LICENSEES' SUBMISSION OF RENEWAL DOCUMENTS AND FEES ACTION TO BE CONSIDERED: Direct City Clerk to issue 2012 tree maintenance contractor licenses upon licensees' submission of renewal documents and fees. FACTS: ➢ The following businesses currently have a 2011 tree maintenance contractor license, but have not submitted a renewal application for 2012. It is anticipated the applications will be received before December 31, 2011. • Aspenwall Tree Service Inc. • Collins Tree Care and Removal • Huston's Tree Service o Rainbow Tree Care • Tree & Stump Company • Roggenbuck Tree Care • Tree Techs • Branch and Bough Tree Service • S & S Tree Specialists • Ciardelli Tree and Landscaping • North Star Tree Care, Inc • Morgans Tree Service o Arbor Doctor o Northway Tree Service o Precision Tree o About Tree Care o P & C Tree Service • Valley Tree Specialists • Lawrence Tree & Stump Services Inc • Midwest Tree Experts LLC • Xtreme Tree Team • Absolute Tree Service • Newton's Tree & Stump Services, LLC • Specialty Tree Service MW o Greenwaldt Tree Services ➢ The City Council is being asked to direct the City Clerk to issue the license renewals upon the licensees' submission of all renewal documents and fees. All documentation and fees must be submitted to the City Clerk's office by 4:30 p.m. on Friday, December 30, 2011, at which time the City Clerk's authority to issue 2012 license renewals will cease. If a renewal application is incomplete in any way, the 2011 license will expire as of 12:01 a.m. January 1, 2012. —31� Agenda Information Memo December 6, 2011 Eagan City Council Meeting V. APPROVE RENEWALS OF EXISTING TRASH HAULER LICENSES FOR 2012 ACTION TO BE CONSIDERED: Approve renewals of existing trash hauler licenses for 2012. FACTS: ➢ The following businesses have submitted trash hauler license renewal applications for 2012, paid the appropriate fees, met all requirements of the City Code, and are in order for approval: ATTACHMENTS (0): (The complete applications are available from the Office of the City Clerk.) it: Single Commercial/Multiple Construction Family/Multiple Dwelling/Commingled Demolition Dwelling/Individual Service Hauling Hauling Household Service License Name Haulin Henningsen Construction I Services, Inc. JME of Monticello, Inc. I Keith Krupenny & Sons 1 Disposal Service Rand 's Sanitation, Inc. 2 3 ATTACHMENTS (0): (The complete applications are available from the Office of the City Clerk.) it: Agenda Information Memo December 6, 2011 Eagan City Council Meeting W. DIRECT CITY CLERK TO ISSUE 2012 TRASH HAULER LICENSES UPON LICENSEES' SUBMISSION OF RENEWAL DOCUMENTS AND FEES ACTION TO BE CONSIDERED: Direct the City Clerk to issue 2012 trash hauler licenses upon licensees' submission of renewal documents and fees. FACTS: ➢ The following businesses currently have a 2011 trash hauler license, but have not submitted a complete renewal application for 2012. It is anticipated the applications will be received before December 31, 2011. License Name Single Family/Multiple Dwelling/Individual Household Service Haulin Commercial/Multiple Dwelling/Commingled Service Hauling Construction Demolition Hauling Allied Waste Industries of the Twin Cities x x Alpha Container Services & Recyclin x Buckingham Trucking x Capital Waste Systems, Inc x Dick's Sanitation Service, Inc x x x LePage & Sons x Lightning Disposal x Lloyds Construction Services x Nitti Sanitation x Schill's Dumpster Service Inc x Triangle Services x Veit Container Corporation x Veolia ES Solid Waste Midwest LLC x Waste Management x x x Dan's Container Services x BFI Total Sanitation Service Inc x Highland Sanitation & Recyclin x x x Waste Technology x Tro'es Trash & Recycling x Aspen Waste Systems, Inc. x ➢ The City Council is being asked to direct the City Clerk to issue the license renewals upon the licensees' submission of all renewal documents and fees. All documentation and fees must be submitted to the City Clerk's office by 4:30 p.m. on Friday, December 30, 2011, at which time the City Clerk's authority to issue 2012 license renewals will cease. If a renewal application is incomplete in any way, the 2011 license will expire as of 12:01 a.m. January 1, 2012. 4a Agenda Information Memo December 6, 2011, Eagan City Council Meeting X. APPROVE RENEWALS OF EXISTING KENNEL AND PET SHOP LICENSES FOR 2012 ACTION TO BE CONSIDERED: To approve renewals of existing kennel and pet shop licenses for 2012. FACTS: ➢ The following businesses have submitted kennel license renewal applications for 2012, paid the appropriate fees, passed an inspection by the Animal Control Officer and met all requirements of City Code: • Lesley Tscherne, 3812 Blackhawk Ridge Place • Wagging Tails Pet Resort, 3275 Sun Drive • Angel's Pet Sanctuary, 4940 Dodd Road • Four Paws Pet Resort, 4020 Old Sibley Memorial Highway • Peanut's Place, Inc, 1904 Shawnee Road ➢ The following business has submitted a pet shop license renewal application for 2012, paid the appropriate fees, passed an inspection by the Animal Control Officer and met all requirements of City Code: o Wet World, 3390 Coachman Road #212 ATTACHMENTS (0): (The renewal applications are available from the Office of the City Clerk.) 46 Agenda Information Memo December 6, 2011, Eagan City Council Meeting Y. DIRECT CITY CLERK TO ISSUE 2012 KENNEL AND PET SHOP LICENSE RENEWALS UPON LICENSEES' SUBMISSION OF RENEWAL DOCUMENTS AND FEES ACTION TO BE CONSIDERED: To direct the City Clerk to issue 2012 kennel and pet shop license renewals upon licensees' submission of renewal documents and fees. FACTS: ➢ The following businesses currently have a 2011 pet shop license, but have not submitted a renewal application for 2012. It is anticipated the applications will be received before December 31, 2011. • Wal -Mart Stores, Inc., 1360 Town Centre Drive • Petsmart, Inc., 1295 Promenade Place Suite 2A ➢ The City Council is being asked to direct the City Clerk to issue the license renewals upon the licensees' submission of all renewal documents and fees. All documentation and fees must be submitted to the City Clerk's office by 4:30 p.m. on Friday, December 30, 2011, at which time the City Clerk's authority to issue 2012 license renewals will cease. If a renewal application is incomplete in any way, the 2011 license will expire as of 12:01 a.m. January 1, 2012. ATTACHMENTS (0): 44 Agenda Memo December 6, 2011 City Council Meeting Z. Approve revised Fund Balance Policy and related resolution committing specific revenue sources in Special Revenue Funds ACTIONS TO BE CONSIDERED: To approve (1) the revised Fund Balance Policy and (2) a resolution committing specific revenue sources in Special Revenue Funds FACTS: • As mentioned by KDV, our independent auditing firm, at last June's presentation of the City's annual financial statements, new reporting requirements related to fund balance will take effect with the December 31, 2011 financial report. • The proposed changes to the Fund Balance Policy are primarily housekeeping in nature to match up with new Government Accounting Standards Board (GASB) terminology; there are no changes proposed to the existing General Fund fund balance target range. • GASB Statement No. 54 does away with the reserved /unreserved and designated /undesignated categorizations of fund balance and replaces them with five categories (from most restrictive to least): • Nonspendable — inventory, prepaid assets, other things not readily convertible to cash • Restricted — restricted by outside agencies, such as with debt covenants, State /Federal grants, etc. • Committed — restricted for a specific use by formal City Council action • Assigned — intended for a specific use (a) by the very nature of the fund (e.g., all of our special revenue funds, capital projects funds, and debt service funds) or (b) within the General Fund without formal Council action. ( "Cash flow" or "working capital" do not meet the "specific use" criteria.) • Unassigned — applies to fund balance in the General Fund that doesn't fall into one of the other categories • GASB 54 also requires that for fund balances to be committed, City Council action must be taken before the reporting year is concluded (i.e., December 31). Prior to GASB 54, the Council could restrict funds, for financial reporting purposes, anytime after year -end up until the financial statements were issued. • The Finance Committee met on November 29 to review the policy and the resolution regarding Special Revenue Funds, and directed staff to present both to the City Council for consideration of approval. ATTACHMENTS: • Mark -up draft of the proposed Fund Balance Policy revision is on pages �'^ � through - • Resolution to establish fund balance categories for existing Special Revenue funds is on pages and ! . 4�� DRAFT amendment — Nov 2011 City of Eagan FUND BALANCE POLICY FOR THE CITY'S GENERAL FUND I. DEFINITIONS "Fund balance" is the difference between a fund's assets and its liabilities. " Nonspendable fund balance" is the portion of fund balance that cannot be spent because of its form, such as inventory or prepaid expenses. "Restricted fund balance" is the portion of fund balance subject to externally enforceable limitations on its use, such as legislative restrictions, debt covenants, and grant restrictions. "Committed fund balance" is the portion of fund balance intended for a specific purpose and set aside by formal action of the City Council. "Assigned fund balance" is the portion of fund balance intended for a specific purpose, but is not nonspendable, restricted, or committed fund balance. "Unassigned fund balance" is the portion of fund balance that is neither nonspendable, restricted, committed, nor assigned. II. GENERAL FUND Purpose The purpose of this section of the policy is to set out the targeted range of the URdesignated unassigned fund balance in the City's General Fund, and to delineate the parameters to be considered as the basis for appropriation of the available fund balance resources and to establish the process for committing or assigning fund balance. Targeted Range The targeted range for the undesignat unassigned fund balance is 40 to 45% of the next year's general fund expenditure budget (excluding any contingency appropriations). ZMER Use Parameters The parameters for consideration of appropriation of the undesignat unassigned fund balance are as follows: 1. The fund balance is first and foremost the City's first -line contingency account and is looked upon as a savings account. 2. Appropriations of the fund balance should be for projects or expenditures of community -wide benefit. Fund balance should not be spent on projects that, absent this funding source, would not be considered on their own merits. Fund balance expenditures should eliminate existing tax levies or assist in avoiding future tax levies. 3. Appropriations of fund balance should not replace other revenue streams in support of required ongoing operational programs or service delivery. Non - replacement of other revenue streams assumes that fees are at proper levels to support related programs, other revenue sources are appropriately collected to support related activities, and taxes are at fair and competitive levels to support the community's desired level of programs and services. Fund balance appropriations should therefore be viewed as available for one -time or transitional expenditures only. Fund Balance Commitment/Assignment Unassigned or assigned fund balance may be committed for a specific purpose by formal action of the City Council. For year -end financial reporting purposes, the commitment must occur prior to December 31 to be reported as a committed fund balance for that year. The City Council has delegated authority to the Director of Administrative Services to designate a portion of the unassigned fund balance as assigned fund balance for an intended use for reporting purposes. Such designation for year- end reporting may occur subsequent to December 31 after preliminary results for the year are known. In practice such designations will be made with acknowledgment of the City Council. III. OTHER FUNDS Purpose The purpose of this section of the policy is to set out how special revenue funds will be established and how the components of fund balance in other funds are classified. I t7 2 Establishment of New Special Revenue Funds New Special Revenue funds will be established by resolution. The resolution for the each fund will include the specific revenue sources for that fund, the purpose(s) for which those revenues a nd other residual revenue streams (e.g., interes income and whether restricted or committed. Generally, all revenue types and related fund balances that do not comprise restricted fund balance will be established by the resolution as committed for the purpose of the fund. As such, the fund will not have an assigned fund balance. Other Non - Special Revenue Funds 1. Debt Service Funds a. Fund balances for debt service funds are restricted up to the amount of the outstanding principal and interest of the bonds for which the fund was established. b. Fund balances in excess of the restricted fund balance in special assessment improvement debt service funds are deemed committed fund balance as such fund balances, per City Code Section 2.79 are to be transferred to the Community Investment Fund upon closing of the debt service fund. c. Fund balance in excess of the restricted fund balance in other debt service funds are deemed assigned unless specifically committed by City Council action. 2. Capital Projects Funds a. Fund balances for TIF district capital projects funds are subject to State statutes restrictions and, accordingly, constitute restricted fund balances. b. Fund balances for capital projects funds that are funded by grants from government agencies or other external organizations also constitute restricted fund balances. c. Fund balances for other capital projects funds are considered assigned for the project or purpose for which the fund was established. i� RESOLUTION CITY OF EAGAN COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS WHEREAS, Governmental Accounting Standards Board (GASB) Statement 54 establishes various components of fund balance, including restricted fund balance, which comprises revenues with external (non -City) restrictions on their use, and committed fund balance, which comprises revenues committed to a specified purpose by the City Council; and WHEREAS, GASB 54 states that special revenue funds are used to account for and report proceeds of specific revenue sources that are restricted or committed for specified purposes other than debt service or capital projects; and WHEREAS, the term "proceeds of specific revenue sources" establishes that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues; and WHEREAS, City Council action is required to formalize the commitment of the specific revenue sources to the specified purposes, NOW, THEREFORE, BE IT RESOLVED by the Eagan City Council that the specific revenue source(s) of each special revenue fund and the specific purposes for which they are restricted or committed are as follows: Fund Specific Revenue Sources Committed For Restricted For Housing Bond monitoring fee Housing Forfeitures DWI Forfeitures Law enforcement programs per MN Statutes 169A.63 Prostitution forfeitures Law enforcement programs per MN Statutes 609.5312 and 609.5313 MIF Revolving Loan Payments on existing Repayment to the State loans coordinated through (80 %) and funds for future the MN Investment Fund loans (20 %) per MN Statutes 116.1.8731, and MN Rules Chapter 4300 Cedarvale Special Services Property tax levy Special Services District District maintenance expenditures Cable TV Franchise Fees Cable franchise fees Communications - related expenditures, including Communications Dept operating expenditures accounted for in the General Fund; non -PEG eligible expenditures in the E -TV Fund; certain fiber installation projects 41 Fund Specific Revenue Sources Committed For Restricted For E -TV PEG fees Public, educational and government programming per 47 CFR 76.5 and the 1984 Cable Franchise Policy and Communica- tions Act BE IT FURTHER RESOLVED, the foundational revenue source and commitment and restriction of those sources is stated above, and it is known there will be other residual revenue streams, and it is the intention that these funds be committed for the same purpose specified for that fund. Dated: December___, 2011 City of Eagan City Council CERTIFICATION By: Its Mayor Attest: Its Clerk I, Christina Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled on this _ day of December, 2011. M Agenda Memo December 6, 2011 City Council Meeting AA. Approve agreement with Vanco Services for ACH processing of utility customer bank -pay checks ACTION TO BE CONSIDERED: To approve an agreement with Vanco Services for ACH processing of utility customer bank -pay checks FACTS: • Many water /sewer utility customers pay their bills through their own bank's bill - pay service. Eagan receives more than 1,100 such bank -pay checks monthly. They are time - consuming to process as the bar -coded bill stub does not come with the check, thus requiring manual entry into the system. • Vanco offers a service that (a) converts the bank -pay checks into a single deposit directly to our bank account via the Automated Clearing House (ACH) and (b) provides a file that can post the payments to our utility billing software, saving City staff a significant amount of processing time. • The cost of the service is about $140 per month. • The City of Apple Valley contracts with Vanco for the same service and operates under an agreement identical to the one proposed here. That agreement was reviewed by the City Attorney. ATTACHMENT: • Vanco e.service Gateway Agreement is on page . 51 e.services GATEWAY AGREEMENT THIS AGREEMENT, is made and entered as of the date that the last party to agreement executes i between C.SerVICe. VANCO SERVICES, LLC ('Vanco') and b A ('Company). RECITALS : A. Vanco provides services to its customers pursuant to various a services programs; B. Company desires to purchase 'e.services Gateway from Vanoo pursuant to the terms and conditions of this Agreement; C. For the purpose of this Agreement the terms used herein are defined as follows: 'ACH' refers to the Automated Clearing House Network; 'business day means a calendar day other than a Saturday, Sunday or Federal holiday; 'Company's Accounr refers to the account maintained by Company at its financial institution; and 'notice' or 'notification' may be given in person, by United States Mail with postage prepaid or by means of electronic communication to the last known address of the other party. Vance and Company hereby agree as follows: 1. eaervice GATEWAY e.services Gateway includes services whereby Vanco receives Company payments made by customers of Company where customers have used one of several bill payment services or trill collection agents. By using eservices Gateway, Company will receive payment data electronically and payments from Vanco by ACH credit to Company's Account. 2. COMPANY DUTIES Company duties shall consist of complying with Paragraphs 5(a) and 5(c). 3. VANCO DUTIES Vanco shall have the following dudes: a. Vanco will electronically transmit payment data to Company the same day it receives the data from bill payment services or bill collection agents. b. Vanco will pay Company by an ACH credit to Company's Account the next business day after it receives funds from bill payment services or bill collection agents. c. Vanco will timely process any returns received from Company by Vanco making an ACH debit to Company's Account. Returns will be made when Company rejects a payment that is incorrect, incomplete, not identifiable, or the account was blocked or closed prior to the time that the payment was received by Company. d. Vanco will notify Company the same day it receives notice of a payment reversal rReversall from a bill payment service or bill collection agent e. Vanco will process Reversal by making an ACH Debit to Company's Account the next business day. 4. PROGRAM CHARGES AND TAXES Company agrees to pay Vanco monthly for Program Charges for e.servicee Gateway by an ACH debit to Company's Account or another account as is designated by Company. Said Program Charges, which Company acknowledges receiving from Vanco, may be modified at any time upon thirty (30) days notice. Any taxes or fees, except taxes based upon income, imposed by any federal, state, municipal or other governmental authority that may be applicable to the services provided to Company pursuant to this Agreement, shall be paid by Company regardless of whether such taxes or fees are added to the invoice which Vanco provides to Company, and regardless of when such taxes or fees are determined to be due and owing. The Program Charges are small in relation to the amount of the funds processed by Vanco pursuant to this Agreement The Program Charges have been established based upon the limitation of liability set forth in Paragraph 7. 5. COMPANY WARRANTIES Company hereby warrants as follows: a. That it will post payments to Its customers account on the day it receives payment data from Vanco, if possible, but in any event no later than one (1) business day after the date of transmission of such data; b. That if a customer's payment is late by reason of the fad that the payment was not timely posted in accordance with Subparagraph a above, Company may not charge its customer any late fee; c. Company shall notify Vanco of any payment which has not posted within three (3) business days after the date of receipt of payment data; and d. No payment received from Vanco may be returned unless such payment is incorrect, incomplete, not identifiable or the account was blocked or closed prior to the time that the payment was received by Company. 6. COMPANY LIABILITY AND INDEMNIFICATION Company shall be liable for all damages which Vanco suffers by reason of Company's breach of any of its warranties set forth in Paragraph 5 of this Agreement or by reason of any other representation made by it in this Agreement Company indemnifles Vanco for all amounts which are due Vanco by Company pursuant to Paragraph 3 by reason of any return or Reversal. Company hereby indemnifies and holds Vanco harmless from all claims, damages, and causes of action (including reasonable attorney's fees and costs) which may be asserted against Vanco by any person by reason of Company's breach of the warranties and representations made by this Return to: Vanco Services 651 - 288 -1124 (Fax) Agreement In no event shall Company be liable for any consequential, special, punitive or indirect loss or damage. 7. VANCO LIABILITY Vanco shall be responsible for performing only those services expressly provided for in this Agreement and shall be liable only for material losses directly resulting solely from its intentional misconduct in performing those services. Except as provided in the preceding sentence and except for an obligation to account for all funds which it receives from Company's customers, Vanco shall not have any liability for failing to perform, for delay in performing, or for negligently performing any services pursuant to this Agreement and shall have no liability for any consequential, special, punitive or indirect loss or damage. B. TERM. This Agreement shall continue in effect unless terminated by either party upon thirty (30) days notice. Provided, however, that in the event that any of the following occur. a. Vanco determines that Company has consistently failed to fulfill its obligations to timely post payments and to timely make returns, b. Vanco attempts to make a debit to Company's Account for a return pursuant to Paragraph 3(c) or Reversal pursuant to Paragraph 3(e) which is later returned because the account has insufficient funds in it to permit the debit transaction, Vanco attempts to make a debit to Company's Account pursuant to Paragraph 4, which is later returned because the account has insufficient funds in it to permit the debit transaction, or d. Company breaches any of its warranties in Paragraph 5. Vanco shall be entitled to terminate this contract immediately upon the occurrence of such event and thereafter give notice to Company that this Agreement has been terminated. 9. CONFIDENTIALITY Vanco acknowledges that in performing services for Company pursuant to this Agreement that it will have access to information about Company and its customers that is confidential ('Confidential Information'). Vanco agrees to maintain the confidentiality of Confidential Information and will not in any manner disseminate Confidential Information to third persons, either in whole or in part, and will not in any manner use Confidential Information for its own benefit. Vanoo shall also take such steps as are reasonable and necessary to cause its employees to be individually subject to an obligation to maintain the confidentiality of Confidential Information. 10. MISCELLANEOUS This Agreement shall constitute the entire agreement between the parties and supersedes all prior oral or written representations, conditions, warranties, understandings, proposals or agreements regarding e.services Gateway. This Agreement shall be construed under the laws of the State of Minnesota and the exclusive venue for any litigation shall be in the courts of the State of Minnesota. The Company hereby submits to the jurisdiction of said courts. This Agreement may hereafter be amended by Vanco giving Company advance notice of changes to the terms and conditions of this Agreement. Company's use of e.servicee Gateway from Vanco subsequent to such notification shall constitute Company's consent to such modification. All of the provisions of this Agreement shall survive its termination except for Vanco's obligation to provide e.serviceo Gateway to Company. This Agreement may not be assigned by either party except that either party may assign this Agreement to any successor by merger, consolidation or corporate reorganization. Each party hereby warrants and represents that the person whose signature appears below has been duly authorized and that all of the necessary and appropriate corporate authority exists for said party to execute this Agreement VANCO SERVICES, LLC By (Vanco Services, LLC Officer's Signature) (Vanco Services, LLC Officers Printed Name) Its (Vanco Services, LLC Officer's Title) Dated: COMPANY (Legal Business Name) By (Company Officer's Signature) (Company Officer's Printed Name) Its Dated: (Company Officer's Title) S C—:)Ls Revised 02103/11 Agenda Information Memo December 6, 2011 Eagan City Council Meeting BB. APPROVE A RESOLUTION AUTHORIZING REALLOCATION OF ASSESSMENTS ACTION TO BE CONSIDERED: To approve a resolution authorizing reallocation of assessments (City of Eagan and Perron Family Members). FACTS: • In October of 2002 the City entered into an agreement with the Perron Family Members agreeing to defer $120,000 in roadway and storm sewer assessments and $17,650 in water main charges. • These assessments resulted from City Project 790R related to the construction of "Central Parkway" and "Quarry Road ". • The agreement deferred the assessments, without interest, until such time as the Property was sold, subdivided or otherwise developed, or until December 31, 2025, whichever occurred first. • The Southern Property of approximately 11 acres is under contract to be sold and the fee owners are requesting that upon subdivision, the roadway and watermain special assessments from Project No. 790R, which would otherwise be due and payable, be continued for deferment and reallocated against the northern approximately 12.9 acres (the Northern Property). • Per statutory requirements, other special assessments and taxes deferred by "Green Acres" will be paid upon the sale of the Southern Property. • Staff has reviewed the value of the parcels and believes that the Northern Property is valuable enough to support all of the remaining deferred special assessments and continued deferment will not cause any economic hardship to the City nor will it be inconsistent with past practice. • Given the timing of the various transactions and the actual subdivision, the City Attorney's Office has determined that approval of this resolution expressing the City's intent to enter into the new Assessment Agreement is the best way to meet the sellers' desires and to facilitate the sale of the Southern Property. • The terms of the new agreement are the same as those in the agreement being replaced except they are being applied only to the Northern Property. ATTACHMENTS: • Enclosed on pages through �_ is a copy of the resolution. S� EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on December 6, 2011, at 6:30 p.m. The following members were present: Maguire, Bakken, Hansen, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING REALLOCATION OF ASSESSMENTS WHEREAS, in 2002, the City of Eagan entered into an Assessment Agreement for City Project No. 790R for the property depicted on Exhibit A , attached hereto and incorporated herein (the "Property"). WHEREAS, the Assessment Agreement provided for payment of the assessments when the Property was sold, subdivided or otherwise developed or by December 31, 2025. WHEREAS, the Property is comprised of over twenty -three acres and the southern approximately twelve acres of the Property ( "Southern Property") is under contract to be sold; WHEREAS, the Property is expected to be subdivided and the Southern Property is expected to be developed; WHEREAS, the fee owners of the Property are requesting that upon subdivision, the roadway and watermain special assessments from Project No. 790R, which would otherwise be due and payable, be continued for deferment and reallocated against the northern approximately 12.9 acres (the "Northern Property") to be paid under the same terms and conditions as the original Assessment Agreement; WHEREAS, a draft of a proposed Assessment Agreement for the Northern Property is attached hereto as Exhibit B ; and WHEREAS, other special assessments on the Southern Property for Yankee Doodle Road and green acres taxes shall be paid upon the sale of the Southern Property; and WHEREAS, after review, the City believes that the Northern Property is valuable enough to support all of the remaining deferred special assessments. 5� NOW, THEREFORE, the City Council of the City of Eagan, Dakota County, Minnesota, resolves as follows: Upon the: (a) sale of the Southern Property; (b) payment of the green acres taxes and other special assessments for Yankee Doodle Road; and (c) subdivision and platting of the Southern Property, it is the City's intention to enter into the Assessment Agreement which reallocates the special assessments from Project No. 790R on the Southern Property to the Northern Property upon the terms and conditions as generally stated in the attached Exhibit B . ADOPTED this _ day of , 2011. Mike Maguire ATTEST: Christina M. Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. W �P7 . Lcc�zd Is, A,;II T�Ye Sell! t Ir . IiKl, EXHIBIT "B" ASSESSMENT AGREEMENT This Assessment Agreement is made and entered into this day of 2011 by and between (the "Property Owners ") and the City of Eagan, a Minnesota municipal corporation (hereinafter the "City "). The Property Owners and the City are collectively hereinafter referred to as the "Parties." WHEREAS, Property Owners are fee owners of certain property located in the City of Eagan, County of Dakota, State of Minnesota and legally described as: The Southwest Quarter of the Southeast Quarter, Section 9, Township 27 North, Range 23 West, Dakota County, Minnesota, except the South 200 feet of the West 165 feet and except the East 495 feet (hereinafter the "Property"); and WHEREAS, the City has constructed right -of -way, drainage and utility improvements related to the constriction of "Central Parkway "'and "Quarry Road" known as City Project 790R (the "Project "); and WHEREAS, the City has deferred payment of special assessments levied against the Property in accordance with that certain Assessment Agreement, dated October 21, 2002 between Property Owners and the City; and NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: REALLOCATION of ASSESSMENTS All of the deferred special assessments of Project 790R for roadway and storm sewer assessments and watermain charges which would otherwise be levied on the Southern Property legally described as shall be reallocated to the Northern Property legally described as G? 2. ROADWAY AND STORM SEWER ASSESSMENT Owners hereby accept a total assessment against the Northern Property for roadway and stone sewer lateral costs associated with the Project in the amount of One Hundred Twenty Thousand and no /100 Dollars ($120,000.00) (hereinafter the "Roadway Assessment "). 3. WATER MAIN CHARGES The Owners hereby accept a total assessment against the Northern Property for water main charges associated with the Project in the amount of Seventeen Thousand Six Hundred Fifty and no /100 Dollars ($17,650.00) (hereinafter the "Water Main Assessment "). 4. DEFERMENT OF ASSESSMENTS The Roadway Assessment and Water Main Assessment are deferred under the following terms: The Roadway Assessment and Water Main Assessments are deferred, without interest, until such time as the Northern Property is sold, subdivided or otherwise developed, or until December 31, 2025, whichever occurs first. At the end of the deferment, the Roadway Assessment and Water Main Assessment shall be paid over five years with interest thereon at the rate of 7.75% per annum. 5. GOVERNING LAw This Amendment shall in all respects be subject to, and governed by, the laws of the State of Minnesota. 6. REPRESENTATIONS AND WARRANTY Owners represent that they have the right to execute this Amendment. In the event the City discovers that an additional signature(s) is needed, Owners agree to use their best efforts to obtain the signature of any other party necessary to effectuate the terms of this Amendment. 7. WAIVER OF NOTICE OF HEARING Owners hereby waive their right to object or appeal the assessments described in this Agreement that shall be levied against the Property. This objection waiver is made pursuant to MINN. STAT. §429.081. Owners hereby further waive notice of hearing on this this Agreement. K • CITY OF EAGAN By: Mike Maguire Its: Mayor By: PROPERTY OWNERS: Print Name: Print Name: Cluistina M. Scipioni Print Name: Its: City Clerk 3 Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: �� STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2011, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by , wife and husband. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by , wife and husband. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by , wife and husband. Notary Public 4 66 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by , wife and husband. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by , wife and husband. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by , wife and husband. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2011, by , Notary Public 5 (.0) THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (JFS: 206 - 31835) 0 WE Agenda Information Memo December 6, 2011 Eagan City Council Meeting CC. CONTRACT 10 -11, AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 10 -11 (Ames Crossing Road Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -11 provides for public street & utility improvements to connect the north and south portions of Ames Crossing Road providing a continuous street connection between Lone Oak Rd. and O'Neill Dr. to serve the development and the surrounding area in northeast Eagan (City Project 1016R). • On March 1, 2011, the City Council awarded the base bid for Contract 10 -11 for these improvements. • Change Order #2 provides for additional costs for the Contractor to remobilize to complete street and boulevard grading work after the delayed removal of an abandoned gas pipeline by Exxon Mobile Corporation. • The change order provides for a total ADD of $4,117.80 (0.35% of original contract). If payment for additional costs is not secured from Exxon Mobile, the cost of the additional work will be the responsibility of the City's Major Street Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo December 6, 2011 Eagan City Council Meeting DD. CONTRACT 11 -08, CEDAR GROVE BOULEVARD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 11 -08 (Cedar Grove Boulevard Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11 -08 provides for the street realignment, upgrade, utility, and landscape improvements of Cedar Grove Boulevard (formerly Sibley Memorial Highway) within the Cedar Grove Redevelopment Area in northwest Eagan (City Project No. 1051). • On June 21, 2011, the City Council awarded the Phase 1 Alternate Bid for Contract 1I- 08, providing for these improvements along with trunk water main modifications in the area. • Change Order #2 provides for the excavation, handling, and disposal of fly ash material by the Contractor encountered during storm sewer installation under the contract. The fly ash material was determined to be contaminated, not suitable for replacement on site, and required disposal at a facility approved and regulated by the Minnesota Pollution Control Agency. • The change order provides for a total ADD of $20,026.86 (1.41% of original contract). The cost of the additional work will be the responsibility of the City's Utility Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. ('e-, � Agenda Information Memo December 6, 2011 Eagan City Council Meeting EE. PROJECT 1061, S & W INDUSTRIAL (SIBLEY COURT) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1061, (S & W Industrial/ Sibley Court - Street Improvements) and schedule a public hearing to be held on January 3, 2012. FACTS: • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Sibley Court, west of Old Sibley Memorial Highway, in west - central Eagan. • A structural mill & overlay of this street is programmed for 2012 in the City of Eagan's 5 -Year CIP (2012- 2016). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 3, 2012. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo December 6, 2011 Eagan City Council Meeting FF. PROJECT 1060, TESSERACT PLACE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1060, (Tesseract Place - Street Improvements) and schedule a public hearing to be held on January 3, 2012. FACTS: • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Tesseract Place, south of Silver Bell Road in northwest Eagan. • A structural mill & overlay of this street is programmed for 2012 in the City of Eagan's 5 -Year CIP (2012- 2016). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 3, 2012. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. zP4 Agenda Information Memo December 6, 2011 Eagan City Council Meeting GG. PROJECT 1076, SLATER RD/ WHISPERING WOODS 4 TH / 5 TH STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1076, (S & W Industrial/ Sibley Court - Street Improvements) and schedule a public hearing to be held on January 3, 2012. FACTS: • On June 7, 2011 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the streets within Whispering Woods 41n/ Stn Additions, and Slater Road (Wall Street to the Burnsville border), in southwest Eagan. • A structural mill & overlay of these streets is programmed for 2012 in the City of Eagan's 5 -Year CIP (2012- 2016). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, January 3, 2012. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. �0 Agenda Information Memo December 6, 2011 Eagan City Council Meeting HH. MINNESOTA CLEAN WATER PARTNERSHIP GRANT APPLICATIONS ACTION TO BE CONSIDERED: Authorize Submittal of Applications to Minnesota Pollution Control Agency (MPCA) for two Clean Water Partnership Grants: 1) Neighborhood Lakes Management Plans and 2) Blackhawk Lake Improvements. FACTS: • In 1987, the Minnesota Legislature authorized the creation and funding of the Clean Water Partnership (CWP) Program (Minn. Stat. §103F.701 to §103F.761) through the MPCA. The CWP Program focuses on controlling nonpoint sources of pollution (NPS) through watershed management to protect and improve surface and ground waters in Minnesota. It provides financial assistance through matching grants and loans and technical assistance to local units of government to lead NPS pollution control projects. • NPS pollution generally results from land runoff, precipitation, atmospheric deposition, drainage, or seepage. Unlike pollution from industrial and sewage treatment plants, NPS pollution is caused by rainfall or snowmelt runoff moving over and through the ground. This runoff picks up and carries away natural and human -made pollutants, depositing them into surface and ground waters. These sources together contribute huge quantities of phosphorus, bacteria, sediments, nitrates and other pollutants to the environment. They also represent the largest combined threat (about 86 percent) of the state's water pollution. • Since 1987, the Legislature has provided the CWP Program over $35 million for grants to study water bodies with pollution problems and to develop and implement action plans to fix the problems. CWP projects require large commitments of time and effort by participants. The program requires applicants to match grant money with cash or in -kind services. Local units of government must sponsor and act as fiscal agents of CWP projects. • The MPCA has awarded the City of Eagan three CWP grants: 1) $93,974 for Schwanz Lake (1994); 2) $48,985 for Fish Lake (1995); and 3) $55,276 for Blackhawk and Thomas lakes (2010). The City acquired a no- interest, $51,250 CWP loan in 1997 to construct the Fish Lake alum treatment facility. • The state 2012 -2013 biennium appropriation language indicates that priority shall be given for diagnostic studies or implementation projects preventing impairments and degradation to (i.e., protecting and improving) Minnesota waters that currently meet the state's water quality standards, in accordance with (Minn. Stat. §I 14D.20, subd. 2(4). Effective October 31, 2011, the MPCA is accepting proposals for CWP project grants from local units of government interested in leading NPS pollution control projects. The MPCA anticipates over $1.2 million of grant funds will be available. Proposals for Resource Investigation Projects and for Implementation Projects are due December 30, 2011. • Eagan's 2007 Water Quality and Wetland Management Plan (WQWMP) recommended development of management plans for priority lakes. Lake management plans are detailed feasibility studies that evaluate the costs and benefits of management alternatives and then provide specific costs and design guidance for recommended capital improvements as well as non - structural management activities. According to the WQWMP, as lake management plans are adopted, the City will include the recommended capital improvement elements in its 5 -year Water Quality Capital Improvements Program. • With a $90,000 MPCA grant, the City completed plans for the first two priority lakes (Fish and Schwanz) in 2010. Through its current CWP grant, the City will complete plans for the next two priority lakes ( Blackhawk and Thomas) by the end of this year or early next year. • A proposed Neighborhood Lakes Resource Investigation Project would monitor, assess, and develop diagnostic studies on the status of eight (50 percent) of Eagan's remaining priority lakes and develop implementation plans to protect or improve them. A proposed Blackhawk Lake Implementation Project would implement some of the recommended activities identified by the Blackhawk Lake and Thomas Lake CWP Project, after it is approved by the MPCA. W Agenda Information Memo December 6, 2011, Eagan City Council Meeting II. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL'S LIVE AND SILENT AUCTION ON JANUARY 28, 2012 ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Live and Silent Auction on January 28, 2012. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for a Live and Silent Auction event planned for January 28, 2012. The event will be held inside the school building, located at 3355 Columbia Drive. The event is a fundraiser for the school. ➢ Faithful Shepherd Catholic School has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): Letter enclosed on page r. (The complete application is available from the Office of the City Clerk.) /" Where educational excellence and Gone gifta are awakened 3355 Columbia Drive Eagan, Minnesota • 55121 • Phone 651,406.4747 • w%WAscsmn.org November 28, 2011 Dear City Council Members, I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on January 28 We are holding our twelfth annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. • The designated property of the event will be limited to the school grounds, which includes the school building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. • No person under the age of 21 will be sold or served alcoholic beverages • No person will sell or give alcohol beverages to an obviously intoxicated person. • All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided from the City of Eagan.) • The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. • No person selling alcohol shall be intoxicated during his or her work shift. • Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is prohibited. • Licensee will provide volunteer private security to monitor the licensed area. • Licensee will follow the designated hours listed in the City of Eagan procedures. • Licensee will designate an on -site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The onsite manager will complete training in alcohol beverage service and will train servers and security personnel in the same. If you have any questions, I can be reached at 651- 406 -4747. Thank you for your consideration. John Boone Executive Di Agenda Information Memo December 6, 2011, Eagan City Council Meeting JJ. APPROVE APPLICATION FOR EXEMPT PERMIT FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL TO HOLD A RAFFLE ON JANUARY 28, 2012 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on January 28, 2012 at Faithful Shepherd Catholic School, 3355 Columbia Drive. FACTS: ➢ Faithful Shepherd Catholic School has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page 7a (The application is available from the Office of the City Clerk.) -�1 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHERAS, Faithful Shepherd Catholic School has applied for an Exempt Permit to conduct a raffle on January 28, 2012; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on January 28, 2012 at 3355 Columbia Drive in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in favor: Those against: Date: December 6, 2011 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of December, 2011. City Clerk - 7 -7.-), Agenda Information Memo December 6, 2011, Eagan City Council Meeting KK. APPROVE RENEWAL OF EXISTING PIGEON LICENSE FOR 2012 ACTION TO BE CONSIDERED: To approve the renewal of the existing pigeon license for 2012. FACTS: ➢ The following resident has submitted a pigeon license renewal application for 2012, paid the appropriate fee, passed an inspection by the Animal Control Officer and met all requirements of City Code: o Eric Drenckhahn, 2811 Pilot Knob Road ATTACHMENTS (0): (The renewal application is available from the Office of the City Clerk.) -7J Agenda Information Memo December 6, 2011, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCES — 733 BRADFORD PLACE (LESTER BORDSEN) ACTIONS TO BE CONSIDERED: To approve the following Variances for the property located at 733 Bradford Place: 1) To allow more than two detached accessory structures. 2) To allow accessory structures in excess of 800 sq. ft. 3) To allow the size of accessory structures to exceed the size of the house. 4) To allow an accessory structure in the front yard. 5) To allow an accessory structure that exceeds the wall height requirements. 6) To allow an accessory structure with a roof pitch that doesn't match the principal structure. All approved Variances shall be subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The unplatted property is located on Bradford Place west of Dodd Road. The lot is 1.7 acres in size and is zoned R -1, Single - family residential. ➢ The property contains the original grain barn (416 sq. ft.) and chicken coop (288 sq. ft.) buildings of the original farmstead. A new house with a building coverage of 1,140 sq. ft. was constructed in 1975 to replace the old farm house. The single -stall detached garage was added to the property in the mid 1970's and was located in the rear yard. ➢ The current owners purchased the property in 1993 and relocated the driveway access from Dodd Road to Bradford Place. ➢ In 2000, the City adopted an ordinance limiting the total size (800 sq. ft.) and number of detached accessory buildings (2). ➢ The applicant proposes to replace the single stall detached garage with a new 1,248 sq. ft. garage that includes a carport. The proposed garage exceeds the square footage allowed per code. ➢ The proposed garage also exceeds the allowed wall height (12' 6" versus 11') and is not similar to the roof pitch of the home. ➢ The old farm buildings will remain and the applicant has indicated they have plans for continued use of them. ➢ Lot coverage requirements are satisfied. ➢ City Code allows a maximum of two detached accessory structures. The existing chicken coop, existing grain barn and the new garage total three detached accessory structures. r7 4 ➢ City Code limits the combined square footage of detached accessory structures to 800 sq. ft. With the proposed new garage, the three accessory structures will total 1,952 sq. ft., a Variance of 1,152 sq. ft. ➢ City Code defines an accessory use as "subordinate and incidental to the principal use." Thus, the size of detached accessory structures must be smaller than the principal dwelling. The house is 1,140 sq. ft. in area, and the accessory structures total 1,952 sq. ft., a Variance of 812 sq. ft. ISSUES: ➢ The City Attorney has advised that allowing accessory structures larger than the principal dwelling raises concerns about effectively rezoning the property, changing the principal use from residential to storage. ➢ The replacement or expansion of a non - conforming structure is contrary to the Zoning Code. 60 DAY AGENCY ACTION DEADLINE: January 19, 2012 ATTACHMENTS (2): Location Map, page Planning Report on pages 11through -1S PLANNING REPORT CITY OF EAGAN REPORT DATE: December 2, 2011 APPLICANT: Lester Bordsen PROPERTY OWNER: Same REQUEST: Variance LOCATION: 733 Bradford Place CASE: 24- VA- 03 -11 -11 HEARING DATE: December 6, 2011 APPLICATION DATE: Nov. 14, 2011 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R -1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of the following Variances for the subject property located at 733 Bradford Place. a. To allow more than two detached accessory structures; b. To allow accessory structures in excess of 800 sq. ft.; c. To allow the size of accessory structures to exceed the size of the house; d. To allow an accessory structure in the front yard; e. To allow an accessory structure that exceeds the wall height requirements; f. To allow an accessory structure with a roof pitch that doesn't match the principal structure. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the 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 owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. Planning Report — Bordsen Variance December 6, 2011 Page 2 c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The key here may be letter d. that states "The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district." The City has not allowed this type of privilege to other R -1 properties. The recently adopted Variance legislation is reflected in the City Code language above and also contains the following: Subd. 3, A. "Practical difficulties" as used in conjunction with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Subd. 3, B., 3. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. CODE REQUIREMENTS City Code Section 11.30, Definitions, defines the following; accessory use as "a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use." and building, accessory as "means an accessory structure detached from the principal structure, having a roof and walls to provide weather protection. This includes detached garages, storage sheds, gazebos and similar structures. A carport attached to an accessory building is considered part of that accessory building." --79 Planning Report — Bordsen Variance December 6, 2011 Page 3 City Code Section 11.40, Subd. 5, Accessory buildings, structures and uses, states in part: 1. No accessory use or building shall be allowed within a required front yard setback. With the exception of an attached garage, no accessory building or structure may be placed with the front yard. 2. No more than two detached accessory building may be permitted for each dwelling. 5. When an attached garage is not present on the site, the total floor area of all detached accessory structures shall not exceed 800 square feet. 6. The roof of all detached accessory structures exceeding 120 square feet in size shall match the pitch and style of the principal structure. and 8. In no event shall the inside wall height of any detached accessory structure, including a detached garage, exceed 11 feet as measured from the floor to the roof decking. City Code Section 11.40, Nonconforming structures and uses, Subd. 9(C)(G) states " ... no nonconforming structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity with this subdivision. No structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner upon any land upon which a nonconforming use is conducted." And "No provision hereunder shall preclude a request for a variance, as governed by this chapter, for the erection or reconstruction of a nonconforming structure. This provision does not apply to any nonconforming uses." City Code Section 11.40, Subd. 9A, Nonconforming Uses and Structures - Policy, states "It is the policy of the city that nonconforming structures and nonconforming uses in time be eliminated due to obsolescence, exhaustion or destruction so as to insure a uniform use of and within the districts established within this chapter." BACKGROUNDIHISTORY The property is unplatted. The subject site is adjacent to single family homes to the north which are within the "Hills of Stonebridge ", platted in 1987. The property is a corner lot, located south of Bradford Place, west of Dodd Road and east of Wandering Walk Park. According to the applicant, access was originally from Dodd Road until they relocated the driveway to Bradford Place. According to the applicant's narrative, the original farm homestead on this property dates back to the early 1900's. The existing house was constructed in 1975 to replace the original farmhouse. The old farmstead was subdivided over time; the present lot is 1.7 acres in size and is zoned R -1, Single - family residential. The current owners purchased the property in 1993 and have been making improvements to the site since that time. The property contains the original grain barn and chicken coop. 9 Planning Report — Bordsen Variance December 6, 2011 Page 4 In 2000, the City adopted an ordinance pertaining to accessory structures which limited the size and number of accessory structures. Upon adoption of that ordinance, the existing accessory structures on this property became non - conforming as to number and size. EXISTING CONDITIONS The existing home is 1,140 sq. ft. and the garage is 280 sq. ft. The original grain barn (16' x 26', 416 sq. ft.) and chicken coop (12' x 24', 288 sq. ft.) also remain on the property. According to the applicant, the grain barn is used as a woodworking shop and the chicken coop is used as a dog kennel. The single stall detached garage is in disrepair and the applicant proposes to replace it with a new, 2 '/2 stall garage with an attached carport (Garage 28' x 32', 896 sq. ft., Carport 11' x 32', 352 sq. ft., Total 1,248 sq. ft.). APPLICANT'S ESTIMATE OF HARD The applicant has made numerous improvements to the property, as outlined in the narrative; these include removing some dilapidated structures, connecting to natural gas, re- roofing the grain barn and chicken coop and they have future plans to re -side these two structures to their original vertical cedar plank siding boards. The applicant also plans to build an addition onto the existing home at some point in the future. They are proposing to replace the single -stall garage to provide vehicle storage and space for a wood working area. An attic is proposed for storage. A carport is proposed to park the boat and camper with cover from the elements and to provide screening from the public right -of -way. The current City Code does not permit a garage of the size proposed. The proposed garage is significantly larger than the existing garage it is intended to replace (280 sq. ft. vs. 1,248 sq. ft.). Without taking into account the other assorted existing farmstead structures, it exceeds the City Code requirement for maximum detached accessory structure size by 448 sq. ft. (1,248 sq. ft. vs. 800 sq. ft.). EVALUATION OF REQUEST Proposal — The applicant proposes to replace the existing 14' x 20' garage with a new 28' x 32' garage. As previously stated, the new garage would be used for storage of the applicant's vehicles, woodworking, storage, as well as a carport to store a boat and camper. The City Attorney has advised that allowing more accessory space than dwelling space is tantamount to a rezoning because the R -1 District requires the principal use to be dwelling space and the approval of this request will result in the use of the dwelling space being accessory to the storage use. Planning Report — Bordsen Variance December 6, 2011 Page 5 The City Code limits the number of detached accessory structures to two, the total area of detached accessory structures to 800 sq. ft. (when an attached accessory use is not present), and by definition, an accessory use (garage) must be subordinate and incidental to the primary use (dwelling) of the property. Additionally, a carport is considered part of an accessory structure. The property currently contains three accessory buildings — the existing garage (280 sq. ft.), the grain barn (416 sq. ft.), and the chicken coop (288 sq. ft.). These existing buildings all were constructed prior to adoption of the current accessory structures ordinance which limits the number and size of accessory buildings on a parcel. Thus, the existing accessory structures are considered non - conforming under Section 11.40, Subd. 9, Nonconforming uses and structures, of the City Code. The applicant is proposing to rebuild the garage and the City Code does permit the applicant to request a Variance to rebuild a non - conforming structure. Number of Accessory Structures — There are three existing detached accessory structures on the property. City Code permits only two detached accessory structures. Rebuilding the single stall garage as a 2 and % stall garage maintains the existing non - conforming situation with three detached accessory structures which is contrary to the intent of the City Code. Looking at the situation strictly from a numbers perspective, one of the three existing detached accessory structures would need to be removed in order to avoid the nonconforming status of all three. Per direction from the City Attorney, the applicant will need to permanently remove one of the three accessory structures in order to rebuild the garage and for the City Council to consider a Variance(s). Square Footage of Accessory Structures — As proposed, the three detached accessory structures will total 1,952 sq. ft. City Code limits the combined size of all detached accessory structures to a maximum of 800 sq. ft. At 1,248 sq. ft., the proposed garage solely would exceed that amount. The applicant's narrative states they have already removed an old brooder house and an outhouse. The size of those structures is unknown but there has been a net reduction in the total amount of accessory structures. However, with the proposed garage, the total accessory structures will exceed the 800 sq. ft. maximum by 1,152 sq. ft. Size of Accessory Structures Relative to Principal Structure — The proposed detached accessory structures exceed the size of the principal building by 812 sq. ft. The house is 1,140 sq. ft. and the accessory structures total 1,952 sq. ft. While the proposed new garage does not increase the number of accessory structures on the property, it perpetuates the existing non - conforming situation and is not consistent with the intent of the City Code which defines accessory uses as "subordinate" and "incidental" to the principal use (dwelling). The City denied a similar Variance proposal in 2006 in part because of concerns that approval of the Variance would effectively rezone the property, changing the use from residential to a designation that allows storage as a primary use. Also, while the current owner is proposing to use the new garage for storage of vehicles and a woodworking shop, there is a concern about the future use of such accessory structures for commercial purposes, which would be contrary to the Zoning Ordinance. rM Planning Report — Bordsen Variance December 6, 2011 Paize 6 Accessory Structure Located in Front Yard — The proposed garage would be located in the same location as the existing garage, maintaining a 100 foot setback to Bradford Place. Originally, this property was not a corner lot, and access was from Dodd Road. At that time, the location of the garage was conforming. While the proposed new garage does perpetuate the existing nonconforming situation (as to location), the existing garage was established in a conforming way at that location. While topography does not seem to be an issue to relocate the garage, the existing farmstead accessory buildings along with the refurbished period windmill, yard improvements and existing vegetation may make it difficult to relocate the garage outside of the front yard area. Accessory Structure in Excess of Wall Height Requirements — The proposed garage exceeds the wall height allowed per City Code for detached accessory structures. City Code Section 11.40, Subd. 5C9, states "In no event shall the inside wall height of any detached accessory structure, including a detached garage, exceed 11 feet as measured from the floor to the roof decking." The applicant's plans note that the soffit will match the elevation of the house not to exceed 10 feet; however, based upon City Code, the measurement of the wall is 12' 6 ", which exceeds the code by 1' 6 ". Roof Pitch — The proposed pitch of the garage roof is inconsistent with the City Code. City Code Section 11.40, Subd. 5C6, states "The roof of all detached accessory structure exceeding 120 sq. ft. in size shall match the pitch and style of the principal structure." The applicant's plans note that the roof pitch of the garage is a 10/12 pitch and the carport roof is a 4/12 pitch. The narrative states the applicant has replaced the former 3 '/2 pitch trussed roof on the home and "...replaced it with a 12/12 pitch trussed roof in keeping with the German influence." While the proposed garage pitch is similar to the new roof pitch of the home, the carport is not nearly as steep and is inconsistent with City Code. Platting — The property is unplatted. The property will need to be platted prior to issuance of a Building Permit for the new detached garage or any other Building Permit needed for siding or other improvements. Proof of recording must be provided before issuance of any Building Permit. Parking — City Code requires at least two enclosed parking spaces for each dwelling unit. Therefore, since the applicant proposes to remove the lone detached garage on the property, a building permit must be issued prior to commencing construction of the new garage and prior to demolition of the existing garage. Setbacks and Other Performance Standards — According to the Site Plan, the proposed structure is located in the front yard and will maintain existing setbacks of 100 feet from the public right - of -way and 20 feet from the side lot line. i- Planning Report — Bordsen Variance December 6, 2011 Paee 7 The new garage is proposed to be finished with cedar lap siding to match the existing home. The plan does not specify the type shingles to be used on the roof. The shingles should match the colors of the existing house roof. City Code limits building coverage to 20% of the lot area. The proposed building coverage is 3.99 %. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision where practical difficulties result from carrying out the strict letter of the regulations of such Code provision, provided "the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties." The applicant is proposing to construct a detached garage. There is a single - family home with two detached accessory structures on the property. Replacement of the garage appears to be a reasonable use of the property; however, a smaller garage which by itself does not exceed the maximum square footage of 800 sq. ft. may be more reasonable. It appears the special conditions that may pertain to this property are the size (1.7 acres) and the history of the property; however, the property could be subdivided at any point in the future. The large size of the subject property may mitigate some of the impact of the accessory structures in terms of mass and bulk (proposed lot coverage is 3.99% as compared to the 20% maximum) and allows for greater setbacks (20 and 100 feet from side lot lines and the public right -or -way rather than the standard 5' and 30' minimum). While the history and presence of old buildings is unique to this property, the new garage and carport (without the farm buildings) still exceed the allowable 800 sq. ft. size limit and the size relative to the house. The relief sought by the applicant does not necessarily appear to be contrary to the Comprehensive Guide Plan, but it appears inconsistent with the intent of the Zoning Ordinance. Replacement of a non - conforming building is contrary to the stated purpose in the ordinance. While the ordinance does permit consideration of a Variance, the minimum variance to alleviate the practical difficulties is required to support the Variance request. City Code requires that the Variance requested be the minimum necessary to alleviate the hardship. The Variance request is substantial (accessory structure space 1,152 sq. ft. more than the 800 sq. ft. maximum specified in the ordinance, and 812 sq. ft. larger than the dwelling). In addition, the type of detached garage proposed requires two additional Variances pertaining to the wall height and roof pitch. Granting of the Variance may not result in detrimental effects to the neighboring properties or the public because the size of the property mitigates some of the impacts of the Variance. However, there is some concern about future use of the accessory structures for commercial purposes. Planning Report — Bordsen Variance December 6, 2011 Paee 8 A similar Variance proposal was denied in 2006 in part because of concerns that approval of the Variance would effectively rezone the property. Also, another Variance was approved in 2007 for a similar farmstead property; however, with that scenario, while the same number of accessory structures stayed the same, the replacement building resulted in slightly less overall square footage. The applicant is requesting relief from a limit on the number and size of the accessory buildings. A reasonable use, single family dwelling and single stall detached garage, is present on the site. Thus, the owner has the same opportunity for use as other properties zoned for single - family use without relief from the Zoning Ordinance. Also, the Variance raises concerns about changing the principal use from residential to storage, in effect rezoning the property. While the size of the property could be a mitigating factor, the property could be subdivided and the applicant does not appear to have presented any practical difficulty that is related to the land and unique to this property. The applicant has presented their woodworking, storage space and coverage for a boat and camper as the reason they need more garage space. Possessing items and wanting them out of the elements is not a condition related to the land, nor is it unique to this property. SUMMARY /CONCLUSION The City Attorney has stated that allowing more accessory space than dwelling space is tantamount to a rezoning because the R -1 District requires the principal use to be dwelling space and this request will result in the use of the dwelling space to become accessory to the storage use. The applicant is requesting approval of six Variances to allow construction of a detached garage at 733 Bradford Place. The property is 1.7 acres in size and is zoned R -1. The property is the site of an old farmstead and contains the original grain barn and chicken coop. The original farmhouse was replaced in 1975 and an old garage was moved onto the property in the mid 1970's. The applicant proposes to replace the existing 280 sq. ft. single stall detached garage with an 1,248 sq. ft. 2 1 /2 stall detached garage. The existing accessory structures will remain. The net result is 968 additional accessory square footage and the same number of accessory structures from what exists today. The requested Variances would allow the site to continue to have three detached accessory structures, the combined size of the accessory structures exceeding 800 sq. ft., and the combined size of accessory structures exceeding the size of the house. The proposed detached garage would be located in the same location as the existing, which is in a front yard. Originally, the property was not a corner lot, and the location was in the rear yard. The applicant has indicated that their vehicles and a wood working shop would be in the garage with storage in the attic above, along with a boat and camper under the attached carport. The existing detached garage is in disrepair and replacing it with a new garage would provide appropriate storage and keep it from public view. The new garage building will be complementary in materials to the existing house; however, the wall height exceeds City Code standard and the pitch is not similar (Proposed Garage 10/12, Proposed Carport 4/12 and Existing Home 12/12) to the roof of the home. 0 Planning Report — Bordsen Variance December 6, 2011 Paae 9 The size of the property mitigates some of the concerns relative to setbacks and bulk. Concerns remain that the proposed Variances effectively rezones the property from residential to storage being the primary use. Also, there is some concern about the future use of the property and that the oversized garage will be used for commercial purpose, and about the replacement of a non- conforming structure, both of which are contrary to the Zoning Code. City Policymakers may find that some of the Variances are within reason and allow the replacement of the garage, but separate actions for each Variance are necessary. ACTIONS TO BE CONSIDERED 1. To approve a Variance to allow more than two detached accessory structures on property located at 733 Bradford Place. 2. To approve a Variance to allow accessory structures in excess of 800 sq. ft on property located at 733 Bradford Place. 3. To approve a Variance to allow the size of accessory structures to exceed the size of the house on property located at 733 Bradford Place. 4. To approve a Variance to allow an accessory structure in the front yard on property located at 733 Bradford Place. 5. To approve a Variance to allow an accessory structure that exceeds the wall height requirements for the subject property located at 733 Bradford Place. 6. To approve a Variance to allow an accessory structure with a roof pitch that doesn't match the principal structure on property located at 733 Bradford Place. All approved Variances shall be subject to the following conditions: 1. If within one year after approval, the Variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the Variance. 2. A building permit shall be issued prior to commencing construction of the new garage and prior to demolition of the existing garage. 3. The existing detached garage shall be removed prior to construction of the new garage. 4. The proposed garage and roof shall match the existing house in finish materials and colors. 5. The property shall be platted prior to issuance of any building permits. Proof of recording shall be provided before issuance of the building permit. • City of Eap Current Zoning and Land Use Map Application: 733 Bradford Place - Lester Bordsen Type: Variance Case No.: 24-VA-03-11-11 Zoning R-1 - Residential Single Family Land Use Plan LD - Low Density �A N P, Subject Site P ----- UP D O/S - D - Z C P I QP 1 1 1 LD I 0 300 600 1,200 g 7 EMMMM::=� Feet A RA, - --------- Subject Site ......... . 1. A . . ......... A -01.1 --- NB [T R-1 R-i IJ ... ... . .......... . RrI NB pFl IA P, Subject Site P ----- UP D O/S - D - Z C P I QP 1 1 1 LD I 0 300 600 1,200 g 7 EMMMM::=� Feet - 1 'Op °:, � , q.o� T f r' � '� "" � a a 5i�� s sa: �., t -,w�` i ° f v 4 4 t7l, 4 A �xv -NW 6' t 4AIL "p 7 Vw— 4 Dx 00 ' File W. ND16473 SITE PLAN EXHIBIT "A" PROPERTY SKE TC H (This is not a survey) See Schedule A for legal description 100 SCALE GMIAJ RECEIVED VED N PR6 PbsfA GRRA -E w/ t3utLw,,» Loc ADO SIZES PiwiyAwrest 733 BRADFORD PLACE EAGA - The location of the improvements shoat on this droning ore approximate and are based on a visual Inspecilon of the premises. The lot dinensions ore taken from the recorded plot or county records. This drawing is for Infotriw onoi purposes and should not be used as a swwey. it d4sknol consillule o liability of the conpony and is intended for norigoge purposes only.' File Pb. ND16473 EXISTING CONDITIONS EXHIBIT "A" PROPERTY SKE TC H (This is not o survey) See Schedule A for legal description loo SCALE C—MIN DAJW Tt+ 6 GA"r * . Wt LI— Q£ A£MQ L j tg 4 F.O C0' RECEIVED N �.Xts� i �C, 13uit_. DirvC, Co�Artt�NS /ENO SjZE -S ftepalTmiltess 7 ADFORD PLACE EAGAN 'The lWaltoe of the impforenents shows on this droving ore o pproxino►e and ore based on o risuct inspect on of the premises. The lei dinenstons are takes from the recorded plot or county records. This drawing is for infornoitonot purposes and should not be used as a strrwet. It dots �t Constitute o llobiitty of the conpony and is intended for norigoge purposes only.' 6 BUILDING PLANS I- r- I F I \/ �/ � 7 5 '�k ����� �� 17% 4 � . \ 3! � {} \ � (/ I \/ �/ � 7 5 '�k ����� �� 17% 4 � . \ DING PLANS ,m z D TO = x> � I i' I I I I i , I I 183 I I > a ' � d- BUILDING PLANS il ? �o_ 43 WW7 .fir 1W 43 o. 11 11 1 1 � mill '�i i�iii i■�ii___ ii i __ii�ii� 43 o. 43 NARRATIVE Les and Lynne Bordsen Garage Variance 733 Bradford Place Eagan, MN. We purchased our property of nearly 2 acres from the estate of Hertha McCarthy. Since this time we have been working at bringing this property up to date. Hertha's parents, who had migrated from Germany, had built the original farm stead in with German influence in the early 1900's. The old home stead home had been replaced by a small rambler built in 1975. The property for the double cul -de -sac neighborhood around this property was purchased from Hertha and developed with some 11 homes in the early 1990's. Heartha's property had been left unattended for 4 years since her passing when we purchased it in July of 1993. Animals had taken over the residence and had been living in the 4 out buildings. The yard had been growing wild for 4 years and was in terrible shape as were the buildings. Some of the upgrades we have done were to remove the old brooder house, tear down the outhouse, have natural gas brought in and the old 500 gallon propane tank removed. We upgraded the electrical to a 200 amp service and removed the overhead phone and electrical pole and had those brought in underground. We re- located the driveway from Dodd road to Bradford place. We tore off the entire 3 -1/2 pitch trussed roof and replaced it with a 12/12 pitch trussed roof in keeping with the German influence. All the windows were removed and upgraded to high efficient windows and we resided the entire house. We built a covered porch on the front and a deck on the side of the house. The entire property was re- graded and landscaped with an irrigation system installed. We hydro- seeded the entire lawn and built retaining walls. Installed a brick paver driveway and patio /fire pit area with several flower gardens built into the retaining walls and surrounding landscape. The small grain barn and the chicken coup were re- roofed back to the original cedar shake shingles. We also replaced the old windmill with a refurbished period windmill. In the near future we hope to build an addition onto the house and reside the 2 out buildings to its original vertical cedar plank siding boards after the garage project is complete. Currently there is an old garage that had been moved onto the property back in the mid 70's. The new garage we hope to build would replace the old run down garage. The garage will be used for parking our cars out of the weather and a space for some wood working. The upstairs attic space is for storage. We plan to have a roof extend on the back side to park our boat and pop up camper under a cover and out of site. Please consider allowing us to continue with our plans to upgrade and maintain the original farmstead as best we can. We do not want to lose any more of the outbuildings as they add to the rich history of the property. We feel the property is large enough to easily fit a new garage in replacement of the old run down garage that is currently there. We feel we would be adding value not only to our property but to the neighbor's property as well. Agenda Information Memo December 6, 2011 Eagan City Council Meeting B. COACHMAN OAKS HOUSING IMPROVEMENT AREA — CITY OF EAGAN ACTIONS TO CONSIDER: To Continue the item to the December 20, 2011 regular City Council Meeting. The Public Hearing notice was not published in the Legal Newspaper and there was an error in the mailed notices. Both situations will be corrected so consideration can occur on December 20. FACTS: ➢ The owners of the Coachman Oaks Condominiums have requested that the City establish a Housing Improvement Area to finance the estimated cost of improvements of $1,583,000. Capitalized interest, administrative costs, etc., raise the required bond issue (debt) to $1,660,000. ➢ A city may create a Housing Improvement Area to finance improvements to the common areas of condo and townhome associations when other financing cannot be obtained. This financing mechanism was adopted by the state legislature due to the inability of homeowner associations to readily obtain financing because they have very little collateral and cannot mortgage individual's units. ➢ Within a Housing Improvement Area, the City may finance housing improvements and recover the cost by assessing fees, much like special assessments. The fees are assessed against each unit, and appear on the property tax statement to be paid by the individual homeowners with their taxes. ➢ The sequence of events that has preceded the public hearing is as follows: ❑ In 2005, the City Council was approached by one of the City's Homeowners Association regarding the potential creation of a City policy for the creation of Housing Improvement District. ❑ In response, the City Council adopted a policy on September 20, 2005 that would permit consideration of petitions and the process by which applications would be reviewed. ❑ On May 4, 2011, the City Council received the Coachman Oaks Homeowners Association preliminary application and petition and authorized staff to request that the Association make a formal submittal of 9`— improvement plans, detailed financial plans and a fee to cover City costs associated with the detailed review. ❑ Those submittals were made and reviewed by City staff, the City Attorney, the Dakota County CDA and Ehlers and Associates, the City's fiscal consultant. They are in order for formal consideration through the public hearing process. ❑ On November 15, 2011, the City Council adopted a resolution calling for a public hearing on December 6, 2011, and notice was duly published and distributed to the owners of each unit, as required by state law. ➢ The total cost of the improvements, financed by the City, is estimated to be $1,583,000. The City will make a loan to the association in an amount of $1,660,000 at an interest rate of 5.0% and amortized over 15 years. ➢ The proposed fee is being spread against 218 units and the fees for the individual homeowners ranges from: ❑ $544.98 per year ($45.42 per month) to $1,176.72 per year ($98.06 per month) Or ❑ $5,656.71 to $12,214.00 total if paid in full ➢ Following the public hearing, if the City Council wishes to proceed in establishing the Coachman Oaks Housing Improvement Area, the Council should direct staff to prepare: ❑ an ordinance establishing the Housing Improvement Area; • a resolution imposing housing improvement fees; and • a development agreement between the City and the association Each of these items will come back to the Council for consideration on January 3, 2012. ATTACHMENTS: (2) Location map on page t Sample Public Hearing Notice on pages and y� Location Map Fort Snelling State Park Subject Site ,, mm Central Park Par rry Park �� � :� =- pia �`, arm 4 m 41,, , q ON UN MM J I Iwo WE Feet 0 500 1,000 2,000 Legend JM11M 1611MC City Boundary Parcels Parks Buildings N 41 1� City of EaEaR Y7 MUNI 3155 Coachman Rd, Unit 212A PUBLIC NOTICE NOTICE OF PUBLIC HEARING CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City of Eagan will hold a public hearing on December 6, 2011, at approximately 6:30 p.m. at the Eagan City Council Chambers in the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota, to consider two actions under Minnesota Statutes Sections 428A.I I- 428A.21 as follows: 1. Adoption of an ordinance establishing the Coachman Oaks Housing Improvement Area. 2. Adoption of a resolution imposing fees on housing units within the Coachman Oaks Housing Improvement Area. Within the Coachman Oaks Housing Improvement Area, the City proposes to facilitate various improvements to the Coachman Oaks Condominiums. The boundaries of the proposed Coachman Oaks Housing Improvement Area are shown in the map below. Fees imposed on the owners of units in the Coachman Oaks Condominiums would finance the improvements. Details regarding the hearing, the improvements and the fees are described below: 1. Persons to be heard: All persons owning housing units in the proposed housing improvement area that would be subject to a fee for housing improvements, and all other interested persons, will be given an opportunity to be heard at the hearing. 2. Proposed Improvements: The improvements to the interior common area and building systems include: renovating party rooms, exercise and game rooms; re- carpeting hall, lobby and stairwells; renovating laundry rooms, office; certain building mechanical systems, garage floor restoration. Exterior improvements include exterior lighting, renovating retaining walls and playground. 3. Estimated Cost of Improvements to be paid in whole or in part by the Fee: $1,660,000 including capitalized interest and administrative costs. 4. Amount to be charged against each housing unit: Each housing unit in the Coachman Oaks Condominium Association Housing Improvement Area will be charged a portion of the total cost of $1,660,000, based on the unit share (Fee). Annual Payments reflect repayment of the Fee over 15 years, with 5% interest per annum. Total Payments are the sum of Annual Payments over 15 years. Fees and Payments may not be more than the amounts shown below. At the applicant's request, Units 247 and 487 are exempted from this fee. 3155 Coachman Rd, Unit 212A Coachman Oaks Condominiums Association Unit Share Fee (Principal Onl Annual Payment over 15 Years (Principal & Interest ) Total Payments over 15 Years (Principal & Interest 0.3373 5,650.33 544.37 8,165.49 0.3865 6,474.51 623.77 9,356.54 0.3910 6,549.90 631.03 9,465.48 0.4414 7,394.18 712.37 10,685.58 0.4847 8,119.53 782.25 11, 733.81 0.4982 8,345.67 804.04 12,060.62 0.5188 8,690.76 837.29 12,559.31 0.5244 8,784.57 846.33 12,694.88 0.6553 10, 977.36 1,057.58 15, 863.76 0.6860 11,491.63 1,107.13 16,606.95 0.6861 11,493.31 1,107.29 16,609.38 0.7283 12,200.231 1,175.40 17,630.97 The share for 3155 Coachman Rd, Unit 212A is 0.391. Please reference the above table for fee and payment information. 5. Owner's right to prepay the Fee: Housing unit owners may prepay the fee in whole or in part without interest through November 30, 2012. 6. Number of years the Fee will be in effect: If owners do not prepay the Fee by November 30, 2012, the Fee will be imposed in equal installments with interest over a period not to exceed 15 years. The Annual Payments will be payable in tax year 2013 through tax year 2027. 7. Compliance with Petition Requirement: Owners of more than 51 percent of the housing units that would be subject to the proposed fee in the Coachman Oaks Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing on the proposed fee, which exceeds the requirement under Ch. 428A.12. For further information on the proposed housing improvement fee, contact Mike Ridley at (651) 675 -5650. BY ORDER OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA /s/ Michael Ridley, AICP City Planner q� Agenda Information Memo December 6, 2011 Eagan City Council Meeting C. PROJECT 1085, DENMARK AVE — PROMENADE PLACE TO TOWN CENTRE DRIVE INTERSECTION TRAFFIC CONTROL & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 1085 (Denmark Ave - Promenade Place to Town Centre Drive — Intersection Traffic Control & Street Improvements) as presented and authorize the preparation of detailed plans and specifications. FACTS: • On March 16, 2010, the Council approved an agreement with Dakota County (under Project 925) that provided for the Engineering Design, Right of Way acquisition and Construction of Yankee Doodle Road enhancements. Due to the difficulties and expense of acquiring right of way related to an extension of Promenade Ave from Yankee Doodle Road to Town Centre Dr, that portion of Project 925 has been delayed /deleted by the County. • Other intersection modifications on Yankee Doodle Road at both Denmark Avenue and Yankee Place, as well as on Denmark Avenue at Town Centre Drive were also identified in Project 925. Minor geometric modifications to the Yankee Doodle Road and Denmark Avenue intersection would allow the existing signal to function more efficiently by allowing opposing left turn movements on Denmark Avenue to operate concurrently. The proposed changes to the Denmark Avenue and Town Center Drive intersection provide more storage for northbound vehicles turning left onto Yankee Doodle Road. • With the delay in the Promenade Avenue extension and its signal at Yankee Doodle Road as mentioned above, City Staff prepared a Feasibility Report for a separate City Project 1035 to focus on the identified Denmark Avenue improvements. An assessable pavement preservation overlay on Denmark Avenue was also added to the project's scope as a result of staffs analysis as part of the City's Pavement Management Program. • On May 3, 2011, the original Feasibility Report was presented at a public hearing. Due to concerns expressed by adjacent business representatives, the City Council canceled Project 1035 and directed staff to further evaluate the improvements identified under Project 1035 in coordination with the proposed Yankee Doodle Road improvements included as part of Project 925. The Council also directed staff to prepare a revised feasibility report with updated recommendations for Council consideration. • On November 1, 2011, the feasibility report for Project 1085 was presented to the City Council and a Public Hearing was scheduled for December 6 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 28 for the adjacent property owners and representatives to discuss the proposed improvements. Of the twelve (12) total properties (all Commercial/Retail) proposed to be assessed under this improvement, three (3) property owners or representatives attended the meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report for Project 1085, ages through (al l • Graphic Denmark Avenue, page • Informational Meeting Minutes, pages ?j and 'd0 City of Eagan Mike Maguire Mayor October 27, 2011 Paul Bakken Honorable Mayor and City Council Cyndee Fields City Of Eagan Gary Hansen 3830 Pilot Knob Road Meg Tilley Eagan, MN 55122 Council Members Re: Denmark Avenue, Promenade Place to Town Centre Drive Intersection Traffic Control & Street Improvements Thomas Hedges ! City Project No. 1085 City Administrator Dear Mayor and City Council: Attached is our revised report for the Denmark Avenue, Promenade Place to Town Centre Drive - Intersection Traffic Control and Street Improvements, City Project No. 1085. The report presents and discusses the proposed improvements and includes a cost estimate and schedule. Municipal Center 3830 Pilot Knob Road ! W would be pleased to meet with the City Council at your convenience to review and Eagan, MN 55122 -1810 discuss the contents of this report. 651.675.5000 phone 651.675.5012 fax i Sincerely, 651.454.8535 TDD Russ A. Matthys Maintenance Facility City Engineer 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com �-Wpt. of Public Reviewe� The Lone Oak Tree The symbol of Finance Dept. strength and growth in our community. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Russ A. Matthys Date: l L= - 2 - - 7 - l 1 Reg. No. 22464 Date: /Z r Date: l " 10a TABLE OF CONTENTS Page Introduction /History .................................................................... ............................... 1 Scope........................................................................................... ............................... 3 Feasibilityand Recommendations ................................................ ............................... 5 Intersection Control /Street Evaluation ......................................... ............................... 5 ProposedImprovements .............................................................. ............................... 7 Easements /Permits ...................................................................... ............................... 9 CostEstimate ............................................................................... ............................... 9 AreaTo Be Included ....................................................................... .............................10 Assessments.................................................................................. .............................10 AssessmentFinancing Options ....................................................... .............................11 RevenueSource ............................................................................. .............................12 ProjectSchedule ............................................................................ .............................12 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement /Assessment Area Map - 3 Typical Sections — Mill & Overlay `03 November 2011 Intersection Traffic Control & Street Improvements Denmark Avenue, Promenade Place to Town Centre Drive Eagan, Minnesota Introduction/ History Traffic Control — As part of the Yankee Doodle Road (CSAH 28) Corridor and Access Management Study, the City Council actively participated in the review of the recommended transportation system reconfigurations and operation enhancements. After significant discussion at multiple meetings, on March 20, 2007, the City Council provided consensus on the various proposed preferred alternatives for each of the three segments included in the final draft of the corridor and access management study. As part of this discussion, the City Council indicated interest in the operational review of the intersection of Denmark Avenue and Promenade Place, a private driveway access to the Eagan Promenade. Staff review acknowledged that the east leg of the intersection operated poorly for westbound traffic, with long delays and queues that block access to adjacent parking lots. Accordingly, an intersection improvement was scheduled for 2011 in the 2009 -2013 Capital Improvement Program. Street - As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. There are approximately 0.2 miles (1,150 feet) of major collector street in the Eagan Promenade and Town Centre neighborhoods in north - central Eagan impacted by the proposed project. The street segment was not identified for street revitalization improvements in the 2011 -2015 CIP. Figure 1, located in Appendix B, illustrates the proposed project location. The streets in this commercial neighborhood were constructed or overlayed in 1996. Denmark Avenue, Promenade Place to Town Centre Drive 1 lot Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 15 -20 years for Major Collectors or higher functional classified roads. Overlaying the roadways located within the project area, which is presently at or approaching the 15 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the streets. Median improvements recommended by the Yankee Doodle Road Corridor and Access Management Study are scheduled to be completed by Dakota County (Project 28 -30) in 2012 that will result in street surface patches within this segment of street. Coordination of an overlay in conjunction with the median improvements would enhance the street's structural integrity. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that Denmark Avenue was seal coated south and north of Yankee Doodle Road in 2002 and 2008. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Project History — On May 3, 2011, the City Council held a public hearing for Project 1035. At the conclusion of the public hearing, Council directed staff to further evaluate the improvements identified under Project 1035 in coordination with additional modifications and improvements in the area surrounding the intersections of Yankee Doodle Road with Denmark Avenue, Yankee Place and Promenade Avenue (Dakota County Project 28 -30). The Council also directed staff to prepare a revised feasibility report with updated recommendations for Council consideration. In preparation for the May 3 public hearing, staff held a neighborhood informational meeting on April 25, 2011. City staff presented the improvements proposed in the original Project 1035 feasibility report, including a new traffic control signal at the intersection of Denmark Avenue Denmark Avenue, Promenade Place to Town Centre Drive 2 /Oa- and Promenade Place (a private driveway), and Dakota County Project 28 -30, including the removal of the southbound left turn movement at Denmark Avenue /Town Centre Drive. A majority of the adjacent commercial property owners /representatives were in attendance. A fruitful discussion with the property representatives followed the staff presentation. Relevant concerns were presented about the installation of a new traffic control signal, the removal of the existing southbound left turn movement and the delay of the installation of a traffic signal at the Yankee Doodle Road /Promenade Avenue intersection. Follow -up discussions with the City's consulting engineer and County staff after the informational meeting and public hearing indicated opportunities to revise the proposed design to address some of the concerns, while delaying other improvements until greater need was indicated. Scope This revised project would provide the reconfiguration of the intersection of Denmark Avenue /Town Centre Drive, maintaining the existing southbound left turn movement while enabling the expansion of the northbound left turn lanes onto Yankee Doodle Road. The improvements would include the installation of traffic control signal modifications at this intersection and median revisions and resurfacing (edge mill and overlay) on Denmark Avenue on both sides of the intersection for approximately 0.2 miles (1150 feet) in coordination with County Project 28 -30. Figure 2 in Appendix B, illustrates the street improvements. The revised project does not propose any improvements at the intersection of Denmark Avenue and Promenade Place at this time. The additional analysis of the intersections, including the midday rush hour, indicated more interaction of traffic impacts between the Denmark Avenue intersections than previously recognized, as well as more significant impacts to the private property east of the intersection. While the computer simulation can fairly accurately predict anticipated future traffic flow, the immediate impact of the improvements associated with County Project 28 -30 may provide more benefit to the Promenade Place intersection than the computer analysis indicates. The lack of interest in any improvements, both off and on site, expressed by the previous owners of the Eagan Promenade (sold after the original public hearing) would prove challenging to the implementation of any advisable Denmark Avenue, Promenade Place to Town Centre Drive 3 X60 intersection improvements as previously proposed and brings into question the original perceived need for the intersection improvements. Upcoming, anticipated revisions to the County's Transportation Policy may also enhance the likelihood of a new traffic signal at the intersection of Yankee Doodle Road and Promenade Avenue without the extension of Promenade Avenue south of Yankee Doodle Road. The installation of a new signal at this location on the County highway would also have a significant impact on the operation of the Denmark Avenue /Promenade Place intersection. Due to the significant potential impacts of these associated improvements, staff believes it is important to wait and see what happens in the next few years after the construction of County Project 28 -30. Included in this project are the following improvements: related traffic signal coordination with existing signal system at Yankee Doodle Road, replacement of damaged curb and gutter, adjustments and /or replacement to water gate valves or sanitary /storm sewer utility castings, street signage, pavement markings and pedestrian ramps. Denmark Avenue, Promenade Place to Town Centre Drive 4 /07 Feasibility and Recommendations The project is necessary to address an inadequate capacity for northbound left turning movements at the intersection of Yankee Doodle Road and Denmark Avenue, enhance the Level of Service (LOS) at two signalized intersections, maintain and enhance the structural integrity of the pavement section, and create a safer driving environment. The project is cost effective in that the proposed intersection modification is considerably less expensive than widening the right -of -way and street for Denmark Avenue and the street improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The project is feasible in that the Town Centre Drive intersection modification will enable the expansion of the northbound left turn lanes, increasing the operating efficiency and safety of the Yankee Doodle Road and Town Centre Drive intersections, while continuing to allow the southbound Denmark Avenue left turning movement so strongly desired by the area business representatives. This project is in accordance with the Joint Powers Agreement between Dakota County and the City of Eagan (Contract No. 12123) approved by the City Council on March 16, 2010. It is recommended that the project be constructed as proposed in this report and in combination with other similar projects in the area, such as Dakota County Project 28 -30. Intersection Control Evaluation (ICE) An analysis of the Denmark Avenue and Promenade Place intersection was completed in anticipation of the original feasibility report. The appropriateness of the installation of either a roundabout or signal system was studied with respect to the warrants outlined in the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Hourly traffic volumes were collected at the intersection in June 2010 and compared to previous counts taken in 2009. AM and PM peak hour counts were performed in addition to turning movement counts. Based on these traffic counts, three of the traffic signal warrants from the MnMUTCD are currently met. The warrants that were met are Warrant 1 (Eight -Hour Vehicular Volume) and Warrant 2 Denmark Avenue, Promenade Place to Town Centre Drive 5 ���� (Four -Hour Vehicular Volume). Warrant 3 (Peak Hour) was narrowly missed by only five vehicles and will likely be met in the next few years. Any of these warrants alone could justify the placement of a roundabout or traffic control signal. Preference was expressed for a roundabout by an adjacent business representative in response to the original feasibility report proposing a traffic signal. While the warrants indicate either type of intersection control could be justified, additional review of the interaction of the adjacent intersections indicated possible challenges with a roundabout due to the close proximities of the intersections. Objection to the further delay of the installation of a traffic signal at the Yankee Doodle Road /Promenade Avenue intersection and the continued delay of the anticipated benefit to the operations of the Denmark Avenue /Promenade Place intersection was also articulated by area business representatives. Due to the significant potential impacts of proposed improvements on Yankee Doodle Road as part of County Project 28 -30, City staff recommend the continued monitoring of this local intersection at this time. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance /Crack Seal /Seal Coat 36-55 Patch /Repair and /or Overlay 0-35 Reconstruct/ Reclaim The 2011 PCI ranking for this segment of Denmark Avenue has a weighted average pavement condition rating of 45, which falls in the ranking of the "Patch /Repair and /or Overlay" category, as mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2012 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to Denmark Avenue, Promenade Place to Town Centre Drive 6 /d9 the street sections and require full reconstruction. It would also provide a clean pavement surface for the revised lane striping and maintain the structural integrity of the pavement adjacent to the median revisions. It is recommended to complete the improvements in conjunction with the proposed County Project 28 -30 in 2012. Proposed Improvements Intersection Reconfiguration - The proposed intersection improvements for Denmark Avenue /Town Centre Drive would include reconfiguration of the intersection to enable the extension of the northbound left turn lanes onto Yankee Doodle Road on the north side of Town Centre Drive, while maintaining the existing southbound Denmark Avenue left turn movement. The improvements would include median revisions and resurfacing on Denmark Avenue north and south of the intersection and the installation of traffic control signal modifications. Signal modifications would include revised loop detectors and interconnection with the existing traffic signal at Denmark Avenue /Yankee Doodle Road. New traffic signal components would include pedestrian safety enhancements such as Pedestrian Countdown Signals and Accessible Pedestrian Signals (APS). APS is a device that communicates information about pedestrian timing in non - visual formats such as audible tones and verbal messages that can provide information to pedestrians about: the existence of and location of the pushbutton; the beginning of the WALK interval; the direction of the crosswalk and location of the destination curb; the intersection street names through speech messages. Pavement - The proposed street improvements for Denmark Avenue are shown in Figure 3. The existing street section for this roadway consists of 7.5" bituminous pavement supported by 12" gravel base. The existing bituminous surface would be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 1% -inch bituminous overlay. The overlay, combined with the existing street section, would provide a street section consistent with current City Denmark Avenue, Promenade Place to Town Centre Drive 7 t10 standards for commercial streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete Medians and Curb & Gutter — New concrete center medians will be installed on Denmark Avenue to delineate the revised left turn lanes. Curb and gutter at the northwest corner of the intersection of Denmark Avenue and Town Centre Drive will be removed and replaced to accommodate a slight widening of Denmark Avenue. Damaged curb & gutter will also be replaced if severely cracked, spalled, or settled. It is estimated that approximately 10% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced adjacent to replaced curb & gutter. While the contractor who performs the work is responsible for its establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. The elimination of unnecessary signs will occur where possible. Denmark Avenue, Promenade Place to Town Centre Drive 81/1 Pedestrian Ramp — Revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including street surface improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps for the appropriate connection to the existing trails and sidewalks at this intersection. Easement /Permits All work will be in the public right -of -way. No additional easements will be necessary. A permit from Dakota County Transportation Department will be necessary for the work within Yankee Doodle Road at Denmark Avenue. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2012 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Denmark Avenue, Promenade Place to Town Centre Drive Intersection Traffic Control & Street Improvements • Mill & Overlay w/ signage ...................... ............................... $ 121,700 • Traffic Control Signal Modifications ....... ............................... $ 61,000 • Concrete Entrance Aprons ...................... ............................... $ 20,000 • Concrete Medians /Curb & Gutter .......... ............................... $ 64,100 Total ............................................ ............................... $ 266,800 Denmark Avenue, Promenade Place to Town Centre Drive 9 Ala Area To Be Included Properties included in the project lie within the S 1/2 of Section 10, lying North of Yankee Doodle Road and East and West of Denmark Avenue and the NW % of Section 15, lying South of Yankee Doodle Road and East and West of Denmark Avenue, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. Assessments Assessments are proposed to be levied against the benefited properties for the street overlay improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for commercial /industrial streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay — Commercial /Industrial 100% 0% Concrete Entrance Aprons— Commercial /Industrial 100% 0% Traffic Control Signal Modifications 0% 100% Concrete Medians /Curb & Gutter 0% 100% Commercial /Industrial lots — Street Overlay Improvements (Denmark Avenue) The 7 commercial /industrial lots as shown on Figure 2 adjacent to Denmark Avenue to be improved, are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for commercial /industrial properties, based on lot size/ area. The estimated cost per commercial lot to be assessed based on the City Assessment Policy is $1,998 /acre and is calculated as follows: 1) % Commercial /Industrial Assessable = 2,004 ft (Assessable Front Footage) 2,508 ft (Total Front Footage) 2) 100% x 79.9% x $121,700 (Mill & Overlay and Signage Cost) _ $97,263 (Total Commercial Assessment) 3) $97,263 (Total Commercial Assessment) $1,998 48.7 (Commercial /Industrial acreage) Acre = 79.9% Denmark Avenue, Promenade Place to Town Centre Drive 10 113 The remaining Denmark Avenue frontage within the project area (504 front feet or 20.1 %) is for a storm pond on City owned property and therefore, not assessable under the City's Assessment Policy. Commercial /Industrial Lots — Concrete Entrance Apron Replacement (Denmark Avenue) The adjacent commercial/ industrial property with driveways not to current City standards (3375 Denmark Avenue, 3380 Denmark Avenue, 3385 Denmark Avenue, 1263 Promenade Place, 1275 Town Centre Drive) are proposed to be assessed the total cost of driveway entrance replacement improvements on the area of driveway installed. The total driveway improvement assessment per lot is calculated based on the individual requirements needed to replace existing bituminous entrances with concrete entrances in accordance with current City standards. The estimated cost of driveway replacement is approximately $106 per square yard replaced. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is an example of the estimated $1,998 per acre assessment with an estimated 5% interest for the assessed amounts: Commercial /Industrial Lot = $1,998 per acre Denmark Avenue, Promenade Place to Town Centre Drive 11 1 � q Principal Per Year Interest Per Year i Cost Per Year Firs i � $400 $100 $ 500 Fifth Year $400 ; $20 $420 Denmark Avenue, Promenade Place to Town Centre Drive 11 1 � q Revenue Source A summary of revenue sources is listed below: Dakota County Transportation Department will finance $62,200 (23% of total). The City's Major Street Fund will finance the estimated remaining project deficit of $87,350 (33% of total). Proiect Schedule Present Feasibility Report to City Council ................ ............................... November 1, 2011 Informational Meeting ........................................... ............................... November 28, 2010 Public Hearing .................................... ............................... .......................December 6, 2011 Approve Plans and Specifications ....... ............................... ........................January 17, 2012 AwardContract ............................................................... ............................... March 6, 2012 Project Completion ........................................................... ............................... August, 2012 Final Cost Report .................................... ............................... .....................September, 2012 Final Assessment Hearing ....................................................... ............................... Fall, 2012 First Payment Due with Property Tax Statement ............ ............................... May 15, 2013 Denmark Avenue, Promenade Place to Town Centre Drive 12 115- Project Property Agency Cost Assessment Contribution Mill and Overlay (Including $ 121,700 $ 97,250 $ 24,450 Signage) Concrete Entrance Aprons $ 20,000 $ 20,000 $ 0 Concrete Medians /Curb & $ 64,100 $ 0 $ 64,100 Gutter Traffic Control Signal $ 61,000 $ 0 $ 61,000 Modifications Totals $ 266,800 $ 117,250 $ 149,550 Dakota County Transportation Department will finance $62,200 (23% of total). The City's Major Street Fund will finance the estimated remaining project deficit of $87,350 (33% of total). Proiect Schedule Present Feasibility Report to City Council ................ ............................... November 1, 2011 Informational Meeting ........................................... ............................... November 28, 2010 Public Hearing .................................... ............................... .......................December 6, 2011 Approve Plans and Specifications ....... ............................... ........................January 17, 2012 AwardContract ............................................................... ............................... March 6, 2012 Project Completion ........................................................... ............................... August, 2012 Final Cost Report .................................... ............................... .....................September, 2012 Final Assessment Hearing ....................................................... ............................... Fall, 2012 First Payment Due with Property Tax Statement ............ ............................... May 15, 2013 Denmark Avenue, Promenade Place to Town Centre Drive 12 115- Appendix A Preliminary Cost Estimate Denmark Avenue, Promenade Place to Town Centre Drive Intersection Traffic Control & Street Improvements City Project 1085 Part I - Bituminous Street Overlay $ 121,732 Part II - Concrete Median /Curb & Gutter 2104.501 Remove Concrete Curb & Gutter LF Estimate $ Unit $ Estimated Item No. I Item Unit Qty $ Price $ Cost Part I - Bituminous Street Overlay SY 112 $ 7.50 $ 841.67 2021.501 Mobilization LS 1.00 $ 3,000.00 $ 3,000.00 2232.501 Mill Bituminous Pavement (11/4" depth) SY 3,335 $ 0.70 $ 2,334.50 2360.501 SPWEA340B Wearing Course Mixture TON 800 $ 60.00 $ 48,000.00 2357.502 Bituminous Material for Tack Coat GAL 600 $ 3.00 $ 1,800.00 2504.602 Adjust Frame and Ring Casting (Manhole) EA 1 $ 450.00 $ 450.00 2504.602 Adjust Manhole Casting - Riser Adjustment EA 2 $ 180.00 $ 360.00 2504.602 Adjust Water Valve Box EA 2 $ 150.00 $ 300.00 2504.602 Repair Gate Valve Mid Section EA 1 $ 300.00 $ 300.00 2504.602 Repair Gate Valve Top Section w/ Cover EA 1 $ 250.00 $ 250.00 2582.501 Pavement Message Arrow (Left) - Epoxy EA 8 $ 115.00 $ 920.00 2582.501 Pavement Message Arrow (Right) - Epoxy EA 6 $ 115.00 $ 690.00 2582.501 Pavement Message Arrow (Thru) - Epoxy EA 2 $ 115.00 $ 230.00 2582.502 4" Solid Line White - Epoxy LF 1,675 $ 0.22 $ 368.50 2582.502 24" Solid Line White - Epoxy LF 160 $ 5.32 $ 851.20 2582.502 12" Solid Line White - Epoxy LF 762 $ 4.03 $ 3,070.86 2582.503 Zebra Crosswalk White - Epoxy SF 1277 $ 3.00 $ 3,831.00 2565.602 NMC Loop Detector 6'x 6' EA 12 $ 900.00 $ 10,800.00 2563.601 Signage Remove & Replace LS 1 $ 10,000.00 $ 10,000.00 2563.601 Traffic Control LS 1 $ 1,625.00 $ 1,625.00 Subtotal $ 89 ,1 8 1. 06 5% Contingency $ 4,459 Subtotal $ 93,640 30% Indirect Costs $ 28,092 Part I - Bituminous Street Overlay $ 121,732 Part II - Concrete Median /Curb & Gutter 2104.501 Remove Concrete Curb & Gutter LF 760 $ 4.50 $ 3,420.00 2104.503 Remove 4" Concrete Sidewalk /Median SF 3,200 $ 1.50 $ 4,800.00 2104.505 Remove Bituminous Pavement SY 112 $ 7.50 $ 841.67 2105.501 Common Excavation CY 22.2 $ 18.75 $ 416.67 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON 52.4 $ 22.00 $ 1,151.94 2350.505 Type LVWE45030B Wear Course - Patch TON 50.8 $ 90.00 $ 4,569.60 2506.602 Adjust Frame & Ring Casting (CB) EA 4 $ 205.00 $ 820.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA 4 $ 150.00 $ 600.00 2521.501 4" Concrete Walk /Median SF 2,560 $ 3.50 $ 8,960.00 2521.501 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF 800 $ 4.00 $ 3,200.00 2531.501 Concrete Curb & Gutter B618 LF 940 $ 15.00 $ 14,100.00 2531.618 Truncated Dome Detectable Warning Paver SF 96 $ 35.00 $ 3,360.00 2575.505 Sodding, Type Lawn (Highland) SY 100 $ 4.50 $ 450.00 2575.551 Compost, Grade 1 TON 10 $ 27.00 $ 270.00 Subtotal $ 46,959.88 5% Contingency $ 2 Subtotal $ 49,308 30% Indirect Costs $ 14,792 t ( ' Part II - Concrete Median /Curb & Gutter $ 64,100 Part III - Concrete Entrance Aprons 2104.501 Remove Concrete Curb & Gutter LF 40 $ 6.00 $ 240 2104.505 Remove Concrete Valley Gutter SY 24 $ 10.00 $ 240 2104.505 Remove Concrete Driveway SY 3 $ 14.00 $ 42 2104.505 Remove Bituminous Pavement SY 209 $ 4.75 $ 993 2105.501 Common Excavation CY 26.5 $ 18.75 $ 497 2211.511 Aggregate Base, CL. 5 (100% Crushed) TON 35 $ 15.00 $ 525 2360.505 SPWEA340B Wear Course-Patch TON 12 $ 100.00 $ 1,200 2531.501 B618 Conc Curb & Gutter LF 40 $ 15.00 $ 600 2531.503 7" Conc Apron Incl. Curb & Gutter (High - Early) SY 185.5 $ 55.00 $ 10,203 2575.505 Sodding SY 15 $ 7.00 $ 105 2575.551 Compost /Topsoil Mixture TON 1.5 $ 20.00 $ 30 Subtotal 5% Contingency Subtotal 30% Indirect Costs Part III - Concrete Entrance Aprons Part IV - F & I Traffic Control Signal Modifications 2550.501 F & I Traffic Control Signal Modifications 5% Contingency Subtotal 30% Indirect Costs Part IV - F & I Traffic Control Signal Part I - Bituminous Street Overlay Part II - Concrete Median /Curb & Gutter Part III - Concrete Entrance Aprons Part IV - F & I Traffic Control Signal Modifications Project 1085 Total Cost $ 14,674 $ 734 $ 15,408 $ 4,622 $ 20,030 LS 1 $ 43,100.00 $ 43,100 $ 2,155.00 $ 45,255.00 $ 13,576.50 $ 60,987 $ 121,732 $ 64,100 $ 20,030 $ 60,987 $ 266,849 IQ Appendix B Preliminary Assessment Roll Denmark Avenue - Promenade Place to Town Centre City Project 1085 Street Overlay PD - Commercial (Planned Development) CSC - Commercial (Community Shopping Center) Street Address Street Address Plat P.I.D. Lot Area Rate /Acre Street Assessment 3375 Denmark Ave Eagan Promenade 10- 01000 - 020 -56 1.00 $1,998 $1,998 3385 Denmark Ave Eagan Promenade 10- 22472 - 010 -01 0.99 $1,998 $1,978 1263 Promenade PI Eagan Promenade 10- 22472 - 092 -02 29.36 $1,998 $58,661 1275 Town Centre Dr Town Centre 70 3rd 10- 77027 - 010 -01 1.08 $1,998 $2,158 1270 Yankee Doodle Rd Town Centre 100 2nd 10- 77051 - 010 -01 2.25 $1,998 $4,496 1298 Promenade PI Eagan Promenade 10- 22472 - 020 -02 1.35 $1,998 $2,697 3380 Denmark Ave Eagan Promenade 10- 22472 - 010 -02 2.63 $1,998 $5,255 1294 Promenade PI Eagan Promenade 10- 22472 - 030 -02 2.12 $1,998 $4,236 1288 Promenade PI Eagan Promenade 10- 22472 - 040 -02 1.95 $1,998 $3,896 1280 Promenade PI Eagan Promenade 10- 22472 - 050 -02 2.10 $1,998 $4,196 1260 Promenade PI Eagan Promenade 10- 22472 - 070 -02 1.09 $1,998 $2,178 1270 Promenade PI Eagan Promenade 10- 22472 - 060 -02 2.76 $1,998 $5,514 Subtotals 48.68 $97,263 Assessment Total $97,263 Entrance Drivewav Aprons PD - Commercial (Planned Development) CSC - Commercial (Community Shopping Center) Street Address Plat P.I.D. Apron Area Rate /Sq Yd Drwy Apron Assessment 3375 Denmark Ave Eagan Promenade 10- 01000 - 020 -56 31.0 $106 $3,286 3380 Denmark Ave Eagan Promenade 10- 01000 - 010 -02 34.0 $106 $3,604 3385 Denmark Ave Eagan Promenade 10- 22472 - 010 -01 42.5 $106 $4,505 1263 Promenade PI Eagan Promenade 10- 22472 - 092 -02 78.0 $106 $8,268 1275 Town Centre Dr Town Centre 70 3rd 10- 77027 - 010 -01 3.0 $106 $318 Subtotals 188.5 $19,981 Assessment Total $19,981 I1r� AY Q LONE OAK ROAD C I IP Ix W z ?�� a Y h� O z ~O � O H J W. z °' y NO X w0 i RTHWOOp J Q �c PAR KVV Lp AY PROMENADE PL. YANKEE ' DODDLE ROAD C BO NN CENTRE DRIVE -J � a � Y Project Location W z w o o v DUCKWOOD DR. Fish Lake N= rojects and Contracts \1085 Denmark Ave & Promenade PRProject Locatbn.mxd Denmark Ave. - Project 1085 Promenade Place to Town Centre Dr. City of Eal Intersection Control & Street Improvements I a 821 3385 1 127 1275 w Zff I 23 Rk! L�"—M I an I 1257 �.� 3240 ,. a � �_ • , • A . 3324 W 4 5 "R 23 Yankee Doodle Woad Ow T I 7V ♦ a r �z 252 U50 '- �1 ' 270f 00 e 3445 F 1 LEGEND Assessable Area ", ; I 1250-1 . t 1225 G. Projects & Contract Info) 1085 Denmark Ave & Promenade Denmark Ave. & Promenade Place Street Improvements - Project 1085 Figure 2 X r1tv of RROHn Assessment Area Map Date: 04/04/2011 �,1263 Ob Ok X eqomenadeePla Place. I oil 1298 1 Lit - 0 1 U .11260 AL 1288 ++ 43 1 - 3380 r- t�iJ - Z Vi 294 •1280 1 12 3324 W 4 5 "R 23 Yankee Doodle Woad Ow T I 7V ♦ a r �z 252 U50 '- �1 ' 270f 00 e 3445 F 1 LEGEND Assessable Area ", ; I 1250-1 . t 1225 G. Projects & Contract Info) 1085 Denmark Ave & Promenade Denmark Ave. & Promenade Place Street Improvements - Project 1085 Figure 2 X r1tv of RROHn Assessment Area Map Date: 04/04/2011 N O fh V N 7 O � LL 80 11� o6 i I 8 M T i ^^'' W U Lo N ()0 bo d O N T - U C .W O N E a a� o N 09 a' Q M 06 cn U c 'CL Y ww H C cu �ofw N > ��c C p 0 O� w Cl) Q O C• U UO Q �' x Wo m w Lo cu _ mm a) � N �t r M I �� T 06 co U Oo m I cri T I in o6 a� o C c . m a> c 'rn c W io u*9. 014%SO[uaejcl%1,4 aDeuawoi.4 v AW Hi wu L iu eli i Ja :. DENMARK AVENUE — PROMENADE PLACE TO TOWN CENTRE DRIVE INTERSECTION TRAFFIC CONTROL and STREET IMPROVEMENTS CITY PROJECT NO.: 1085 INFORMATIONAL MEETING 3:00 P.M., MONDAY, NOVEMBER 28, 2011 EAGAN ROOM Attendance: Russ Matthys, City Engineer; 3 property managers /representatives (see attached sign -in sheet). A. Presentation of Project Details • Matthys welcomed the attendees and presented project information, including details such as construction, costs, schedule and assessments. He asked attendees if anyone here today had attended previous informational meetings. No one had attended previously. He also described the proposed County improvements on Yankee Doodle Road. B. Questions/ Comments • Why add length to northbound left turn lanes on Denmark Avenue at Yankee Doodle Road? I don't see need for it and I drive it multiple times every week. Improvements on Denmark Avenue were included as recommendations in the Yankee Doodle Road Corridor Study. The study included a variety of recommendations that were appropriate over a twenty year period with some being needed sooner than others. The improvements to allow the opposing left turn movements for Denmark Avenue at Yankee Doodle Road to occur simultaneously (versus the current traffic signal split phasing) is highly desirable today. Due to the similarity in the type of construction activity (median modifications) and close proximity of the improvements, it is cost effective to include the left turn lane improvements (per the study recommendations) at this time. • Won't the new median south of Town Centre Drive restrict access to Rainbow's entrance (Trucks Only) at the northeast corner of the site (on Denmark Avenue)? The entrance is currently a right -in access for trucks only. Further access restrictions are not planned. • Every street overlay is typically assessed, right? Yes, typically. That is why staff is suggesting that the proposed Project 1035R be cancelled by the City Council and reauthorized with the inclusion of special assessments with the same public improvements. • Would we be assessed for all traffic work or just the overlay? If the City Council approves Project 1085 at the Council meeting on December 6, the project does propose special assessments that would address the overlay and associated street sign costs for the properties benefitting from the street overlay, as well as concrete driveway aprons, where constructed. No assessments have been proposed for the traffic improvements. • I am concerned about the length of time for the construction adjacent to my business (reiterated by others in attendance). The City limits the time for construction activity by contractors. For example, once the contractor steps in to a residential neighborhood, they have 30 days to complete the work. This project will not be as simple to limit the start and completion dates in combination with the work on Yankee Doodle Road, but we will limit the length of time in which disturbance actually occurs adjacent to your property and maintain access at all times. • I am not in support of a future roundabout at Denmark Avenue and Promenade Place. (Property manager of The Shoppes at Promenade - Mid America Asset Management) • Can you put information about the County's improvements on the City's Web site? We will add relevant information to the current project information on the City's Web site. (City's Web site has link to County's Web site with project information.) The meeting adjourned at 4:00 p.m. i a5 'n V d M Z a W O N W C Wn d CO O 00 N J E O� L E Z a z° E a. O (D O o0 I— d Z ch Q a. L M Z r� A I J r (L S v V� QA cd w 0 0, w `9 W l m M Z W i Z O = cr a N_ cn V y W Q fa ` V c V CL ' Q Z a n O Z U s 3 Q W _DS p r N M Z r N M w O ti O CD r r V r Agenda Information Memo December 6, 2011 Eagan City Council Meeting D. Proposed 2012 Budget and Property Tax Levy ACTIONS TO BE CONSIDERED: 1) To close the public hearing, approve the General Fund budget of $28,040,000, and approve a resolution adopting the final 2012 general levy of $27,425,081 OR Close the public hearing and set the 2012 general levy and General Fund budget approval for consideration at the December 20 City Council meeting. 2) To close the public hearing and approve the 2012 Cedarvale Special Services District (SSD) levy and budget. FACTS: • The State requires cities over 2,500 in population to hold a public hearing on their proposed budget and tax levy for next year. • Parcel specific Proposed Property Tax notices were mailed by the County to Eagan residents in mid - November. • A budget open house was held on November 22. The open house was advertised in the local paper and on the City's website. One resident attended. • Chief Financial Officer Pepper is listed as the City contact on the Proposed Property Tax notices, and has received three phone calls asking for further explanation. City Administrator Hedges received one additional call. Three of the callers expressed displeasure about taxes going up while property value went down. Those who called before November 22 were encouraged to attend the budget open house. • Under the revised Truth -in- Taxation requirements, the City may approve the levy and budget at the same meeting as the announced public hearing. Formerly, the levy and budget had to be approved at a subsequent meeting. • Since the time the General Fund expenditure budget was last formally reviewed in September, three adjustments totaling $28,800 have been made: • Adjust one Planner back to 1.0 from .9 FTE - $9,500 • Adjust pay rate and increase Admin Secretary from .8 to .9 FTE - $11,800 • Add unreimbursed diseased tree removal, board -ups, debris and noxious weed removal charges - $7,500 (These will ultimately be collected by certification of special assessments to the property. Revenue will increase in the same amount as the expenditures. The net effect on the General Fund is zero.) I L:�S • The total General Fund expenditure, including contingency, is unchanged and remains balanced. The contingency account has been reduced by $28,800 as a result of these adjustments. The Cedarvale SSD was established in the mid -1990s to provide for common area maintenance, signage and lighting. The level of services associated with the district has diminished as acquisition and demolition activities have occurred and, as the property is assembled and re- subdivided, it is expected that future private property owners and associations will have responsibility for most of the areas previously maintained by the district budget. At the present time, the SSD budget continues to fund mowing and maintenance around the storm ponds and main entrance to the area at Hwy 13 and Silver Bell Road. The SSD fund has a sufficient balance to perform that work for the year ahead and it is being proposed that the City Council maintain the levy at zero for 2012. The City Administrator will make a PowerPoint presentation covering the topics that are required to be presented at the hearing under Truth -in- Taxation. Both the PowerPoint presentation and the additional 2012 General Fund Budget and Property Tax Levy handout will be posted on the City's website. Note: Historically, a few residents attend this hearing hoping to challenge the County's assessed value on their property, not realizing this is the wrong place and time to do so. It may be prudent to address that with the audience before the presentation. ATTACHMENTS: • Enclosed on pages 18F( and lam is the proposed 2012 General Fund summary of revenues and expenditures. • Enclosed on page W is a copy of the resolution adopting the final 2012 levy. • Enclosed on page is the notice that went out to Cedarvale SSD property owners reflecting the 2012 budget. • Enclosed without page number are the PowerPoint slides to be presented by City Administrator Hedges. Copies of the slides will be available to the public at the hearing. (The 2012 General Fund Budget and Property Tax Levy handout will be forwarded with the Additional Information packet on Monday.) 10 12/2/2011 2012 BUDGET GENERALFUND COMPARATIVE SUMMARY OF REVENUES 2009 2010 1 2011 2012 A (12 vs. 11) Actual Actual Budget Budget $ % General Property Taxes $ 20,701,514 $ 20,701,514 $ 21,204,600 $ 21,515,000 310,400 1.5% Licenses 292,774 281,081 277,900 274,700 (3,200) -1.2% Permits 790,746 775,257 959,600 936,200 (23,400) -2.4% Intergovernmental Rev 722,896 1,076,175 678,100 621,000 (57,100) -8.4% Charges for Services 1,542,936 1,472,535 1,009,600 1,323,800 314,200 31.1% Recreation Charges 651,118 649,584 622,600 669,600 47,000 7.5% Fines & Forfeits 370,920 251,119 344,500 245,200 (99,300) -28.8% Other Revenues 291,523 350,669 284,600 260,900 (23,700) -8.3% Program Revenues 1,757,199 1,936,368 1,847,100 1,728,000 (119,100) -6.4% Transfers 417,781 451,807 459,300 465,600 6,300 1.4% TOTAL GENERAL FUND $ 27,539,407 $ 27,946,108 $ 27,687,900 $ 28,040,000 $ 352,100 1.3% IZ,] 2012 Comparative Summary of Expenditures General Fund Budget 2011 1 2012 Budget GENERAL GOVERNMENT 01 Mayor & Council 02 Administration 03 Information Technologies 04 City Clerk 05 Finance 06 Legal 07 Comm Dev-- Planning /ED 08 Comm Dev -- Inspections 09 Communications 10 Human Resources Gen Govt Total PUBLIC SAFETY 11 Police 12 Fire Public Safety Total PUBLIC WORKS 21 Public Works /Engineering 22 Streets & Highways 24 Central Svices. Maint. Public Works Total PARKS & RECREATION 30 Recreation 31 Parks 32 Tree Conservation Parks & Rec Total GENL GOVT BLDG MAINT 33 Government Buildings Subtotal 41 Conti ngency-- undesignated General Fund Total $ 143,300 506,900 1,283,200 255,300 1,115, 500 407,700 910,500 915,800 457,700 242,600 6,238,500 11,101,000 1,726,700 12,827,700 1,175, 200 1,659,800 611,700 3,446,700 1,974,900 1,942,000 484,400 4,401, 300 715,300 27,629,500 58,400 Difference Budget $ 141,800 534,300 1,313,700 315,100 1,044,200 390,000 970,900 878,300 465,600 263,200 6,317,100 11,203,700 1,730,800 12,934,500 1,191,200 1,699,400 629,800 3,520,400 2,047,000 1,951,700 501,000 4,499,700 $ (1,500) 27,400 30,500 59,800 (71, 300) (17,700) 60,400 (37,500) 7,900 20,600 78,600 102,700 4,100 106,800 16,000 39,600 18,100 73,700 72,100 9,700 16,600 98,400 738,700 28,010,400 23,400 $ 380,900 29,600 (28,800) $ 27,687,900 $ 28,040,000 $ 352,100 A 11 IL63 RESOLUTION CITY OF EAGAN LEVY OF PAYABLE 2012 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 6, 2011, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember Councilmember and seconded by NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 2012 as follows: General Revenue: General Fund $ 21,515,000 Equipment Revolving Fund 1,053,549 Major Street Fund 2,638,388 General Facilities Renewal /Replacement Fund 289,197 Parks System Development and Renewal/ 400,000 Replacement Fund Fire Apparatus Fund 266,479 Subtotal General Revenue 26,162,613 Debt Service: 2009A Equipment Certificates 72,865 2010A Equipment Certificates 60,656 Community Center /Central Park bonds 1,128,947 Subtotal Debt Service 1,262,468 Total City -Wide Levy 27,425,081 Dated: December 6, 2011 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of December, 2011. Christina Scipioni, City Clerk 0 4 � City of Evan Memo To: CEDARVALE SPECIAL SERVICE DISTRICT MEMBERS From: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR Date: NOVEMBER 10, 2011 Subject: PUBLIC HEARING NOTICE -2012 SPECIAL SERVICE DISTRICT BUDGET This memo is to inform you of a public hearing on Tuesday, December 6, 2011 regarding the Proposed 2012 Budget for the Cedarvale Special Service District. The hearing will take place at 6:30 p.m. during the City Council Meeting in the City Council Chambers at 3830 Pilot Knob Road. For 2012, the City is recommending no service charge be imposed, which is the same as was done in 2011. Budgeted expenditures are proposed to be $1,000 which is the same as 2011. The proposed budget will continue to cover mowing, fertilizing, and weed control of the public common area near the entrance to the District at Hwy 13 and Silver Bell Road. The budgeted expenditures are an estimate of the annual cost based on historic expenditure levels. A qualification is that the 2009 expenditures were substantially below historic levels because of some donated services and the fund balance increased in that year. Such a donation is not anticipated in the future, but no SSD Assessment is being proposed for 2012, while the fund balance remains above the anticipated annual cost of the service. A summary of historic costs and the 2012 budget for the District is shown below. 2009 2010 2011 2012 Fund Balance, Beginning of Year Revenues: Special Services District Taxes Interest on Investments Total Revenues Expenditures: Mowing, Fertilizer and Weed Control Sign Maintenance (Discontinued) Total Expenditures Excess of Revenue over Expenditures Fund Balance, End of Year All interested persons will have an opportunity to be heard at the hearing regarding this proposed service charge. The petition requirements of section 428A.08 of the Minnesota Statutes do not apply to the proposed service charge since this proposal is a subsequent and not the initial proposal for imposition of the service charge. For more information call Jon Hohenstein, Community Development Director at (651) 675 -5653. Actual Actual Budget Budget $ 1,008 $ 3,946 $ 4,483 $ 3,483 2,965 471 0 0 0 66 0 0 2,965 537 0 0 0 0 1,000 1,000 27 0 0 0 27 0 1,000 1,000 2,938 537 (1,000) (1,000) $ 3,946 $ 4,483 $ 3,483 $ 2,483 1-'250 Agenda Information Memo December 6, 2011 Eagan City Council Meeting New Business A. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING — CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council for the City -owned property located at 3795 Pilot Knob Road. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City Council directed staff to initiate a Comprehensive Guide Plan Amendment and Rezoning at their regular meeting of October 18, 2011. ➢ Prior to completion of the new Fire Safety Campus at 1001 Station Trail, the subject property housed the Eagan Fire Administration function. Fire Administration moved to the new building /site earlier this year resulting in the City no longer having a need for the Pilot Knob Road site. ➢ The subject property is a — 2 acre site is surrounded by properties that are zoned, guided and used for single family residential. ➢ In order to successfully market the site for sale purposes, the City should change the Land Use Designation from Quasi - public (QP) to Office /Service (O /S) and Zoning from Public Facility (PF) to Limited Business (LB). ➢ The O/S Guide Plan designation is compatible in proximity to residential due to the scale of the existing building; "These uses are fairly low intensity and can be compatible in close proximity to residential uses, given appropriate design and buffering." Similarly, the LB zoning states "Limited Business Districts are areas that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use (offices, clinics and the like). ➢ The Advisory Planning Commission held a Public Hearing on November 22, 2011 and they are recommending approval of both requests. ATTACHMENTS: (3) Location Map on page. Draft APC Minutes on . Staff report on pages through e �� through JqJ 13) Ill Advisory Planning Commission November 22, 2011 Page 2 of 3 IV. PUBLIC HEARING New Business A. Former Fire Admin Bldg. Applicant Name: City of Eagan Location: 3795 Pilot Knob Road; Application: Comprehensive Guide Plan Amendment,: A Comprehensive Guide Plan Amendment from Quasi Public, QP to Office /Service, File Number: 16- CG- 03 -10 -11 Application: Rezoning A Rezoning from Public Facility, PF to Limited Business, LB. File Number: 16- RZ- 03 -10 -11 City Planner Ridley introduced this item, provided background information and highlighted the information presented in the City Staff report dated November 14, 2011. Chair Heaney opened the public hearing There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Supina moved, Member Filipi,seconded the motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from QP, Public /Quasi - Public, to O /S, Office Service, for approximately 2 acres located at 3795 Pilot Knob Road. All voted in favor. Motion carried 7 -0. Member Filipi moved, Member Vanderpoel seconded the motion to recommend approval of a Rezoning from PF, Public Facilities, to LB, Limited Business, for the approximately 2 acre site located at 3795 Pilot Knob Road. All voted in favor. Motion carried 7 -0. 153 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 14, 2011 APPLICANT: City of Eagan PROPERTY OWNER: City of Eagan REQUEST: Comp. Guide Plan Amendment Rezoning CASE: 16-CG-03-10-11; 16- RZ- 03 -10 -11 HEARING DATE: November 28, 2010 APPLICATION DATE: 11 -11 -11 PREPARED BY: Michael J. Ridley, AICP LOCATION: 3795 Pilot Knob Road COMPREHENSIVE PLAN: QP, Public /Quasi- Public ZONING: PF, Public Facilities SUMMARY OF REQUEST The City of Eagan is requesting approval of a Comprehensive Guide Plan Amendment from QP to Office Service (O /S), and a Rezoning from PF to Limited Business (LB) for approximately 2 acres located at 3795 Pilot Knob Road. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. 1-�+ Planning Report — Eagan Fire Administration November 22, 2011 Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNDIHISTORY Prior to completion of the new Fire Safety Campus at 1001 Station Trail, the subject property housed the Eagan Fire Administration function. Fire Administration moved to the new building/site earlier this year resulting in the City no longer having a need for the Pilot Knob Road site. The City Council directed staff to initiate a Comprehensive Guide Plan Amendment and Rezoning at their regular meeting of October 18, 2011. EXISTING CONDITIONS The site developed in 1998 with the 17,000 SF former Fire Administration building and 50 surface parking stalls. The building is currently occupied by JBL Companies via a month to month lease agreement that was initiated in July of this year; said lease arrangement includes a thirty day notice to vacate. SURROUNDING USES The site is completely surrounded by property zoned, guided and developed with single family residential homes. EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed O/S Guide Plan designation is compatible in proximity to residential uses due to the scale of the existing building; the description in the Comprehensive Plan states: "These uses are fairly low intensity and can be compatible in close proximity to residential uses, given appropriate design and buffering." The proposed LB Zoning District has the following stated purpose in the City Code: "Limited Business Districts are areas that are particularly exposed to residential neighborhoods and are 18s— Planning Report — Eagan Fire Administration November 22, 2011 Page 3 thus suitable to those businesses compatible with nearby residential use (offices, clinics and the like). Anal — No changes are proposed to the existing building, site or landscaping. The site is served by public water, sanitary and storm sewer systems, and has two access points to Kingswood Ponds Road. Parks and Recreation — As a public facility, this property was exempt from park and trail dedication at the time it was developed. Park and trail dedications will become due at the rates in effect at the time of the sale of the property for private use. SUMMARY /CONCLUSION The City of Eagan is requesting approval of a Comprehensive Guide Plan Amendment and Rezoning of approximately 2 acres located at 3795 Pilot Knob Road. Until earlier this year, the site functioned as Eagan Fire Administration and is now leased to an office user. The City plans to dispose of this property. In anticipation of the sale and to successfully market the site, the City is seeking to change the land use to O/S and the zoning designation LB. The proposal appears consistent with the land use and zoning designations of surrounding properties. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from QP, Public /Quasi - Public, to O /S, Office Service, for approximately 2 acres located at 3795 Pilot Knob Road. To recommend approval of a Rezoning from PF, Public Facilities, to LB, Limited Business, for the approximately 2 acre site located at 3795 Pilot Knob Road. )ae �l \ \� / ` }�� /,« /•< . \ > y �l �'�2� Subd. 10. LB Limited Business District. A. Purpose. Limited Business Districts are areas that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use (offices, clinics and the like). B. Permitted uses. 1. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measure- ment of the distance between locations. 2. Clinics for human care. 3. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 4. Funeral homes and mortuaries. 5. Institutional uses: library, swimming pools, churches, public schools, religious centers, health centers, and community buildings. 6. [Reserved]. 7. Municipal buildings where the use conducted is customarily considered to be an office use. 8. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 9. Professional offices, banks and savings and loan. 10. Public utility tower mounted antennae, subject to the regulations of in this Code. C. Conditional uses. 1. Nursing homes, rest homes, retirement homes or hospitals for human care, day care centers, private schools. 2. Art, interior decorating, photographic or music studio, provided no retail sales are made of products not manufactured on the site. Stipp. No. 18 CD11:49 )S9 § 11.60 EAGAN CODE 3. Radio and television studios. 4. Private clubs and lodges. 5. Museums, art institutions, galleries and playhouses. 6. Off -site off - street parking when the principal site of the off -site off - street parking is within an R -4 zoning district subject to the regulations thereof in this Code. 7. Off -site off - street parking, subject to the regulations thereof in this Code, except those portions regarding outdoor storage. 8. On -sale liquor in conjunction with a restaurant facility. 9. Restaurants —Class I only those granted a permit according to applicable City Code provisions to serve 3.2 beer or wine. 10.. Reserved. 11. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. 12. Seasonal outdoor sales, subject to the regulations thereof elsewhere in this chapter. 13. Coffee kiosks subject to the following conditions: (a) The activity shall be conducted within a free - standing building, no larger than 100 square feet in size. (b) The use shall not result in the elimination of the minimum number of off - street parking spaces required for all uses on the parcel. (c) Vehicular stacking lanes shall comply with the following: (1) A minimum length of 150 feet shall be provided for a single stacking lane or 80 feet per lane when multiple lanes are provided. (2) Stacking lanes shall be designed such that they do not interfere with existing parking and vehicular circulation. (3) Stacking lanes shall be clearly identified through striping, landscap- ing, and/or signage. (d) No alcoholic beverages shall be sold. (e) Evidence of issuance of a permit from the Minnesota Department of Health shall be provided to the city. (f) If the use of the building ceases for a period of six months, the conditional use permit shall lapse and the property owner shall remove the building and clean up the site. (g) No on -site preparation of food shall be allowed. D. Permitted accessory uses. 1. Private garages, off - street parking and loading spaces, as regulated by this chapter. supp. No. 18 CD11:50 10 LAND USE REGULATIONS (ZONING) § 11.60 2. Building temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. 3. Public telephone booths provided all yard requirements are met. 4. Temporary outdoor event, subject to the regulations thereof elsewhere in this chapter. 5. Building mounted antenna or satellite dish, subject to the regulations thereof in this Code. E. Bulk standards (minimum unless noted). Lot Area RIGHT-OF -WAY WIDTH Lot Width Major Thoroughfare Setback From Public Right -of -way 30 feet Side Yard Setback 10 feet Rear Yard Setback 20 feet Adjacent to property guided* for residential use 30 feet Structure Height (max.) 30 feet Green Space 30 percent Building Cover (max.) 20 percent all ubu guiue uubignatiion per citys Uomprehensive Uuide Plan. F. Additional setbacks. The following shall be the minimum required building setback along any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or proposed as shown on the current Functional Classification Plan: THOROUGHFARE RIGHT-OF -WAY WIDTH MINIMUM SETBACK Major Thoroughfare 150 feet 50 feet or 125 feet from right -of- (Principal and A Minor Arterials) way centerline, whichever is greater Major Thoroughfare 100 feet 50 feet or 100 feet from right -of- (B Minor Arterials) way centerline, whichever is greater Minor Thoroughfare 80 feet 40 feet or 80 feet from right -of -way (Major and Minor Collectors) I I centerline, whichever is greater Subd. 11. NB Neighborhood Business District. A. Purpose. Neighborhood Business Districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. B. Permitted uses. 1. Bakeries. 2. Barbershops. 3. Beauty salons. 4. Clinics. 5. Clubs and lodges. 6. Copy centers. Supp. No. 18 CD11:51 r41 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 6, 2011 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. AUTHORIZE RLK, Inc. to Complete ALTA Survey for Cedar Grove Redevelopment Area F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting December 6, 2011 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the October 18, 2011 EDA meeting are enclosed on pages ' ` through Ni g— MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota OCTOBER 18, 2011 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 18, 2011 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the July 5, 2011 EDA meeting as presented. 2. It was recommended to approve the Service Agreement for the Parking Valuation Study for Cedar Grove Shared Parking Analysis. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT UPDATE — PRATT DEVELOPMENT Community Development Director Hohenstein introduced the item. Len Pratt, from Pratt Development, and Jim McCaffrey gave an update on the Cedar Grove Redevelopment area highlighting five specific areas; senior housing, market rate apartments, office development, office flex space and hospitality and restaurant. Nd OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director I.4s Economic Development Authority Agenda Information Memo December 6, 2011 NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT AREA ALTASURVEY ACTION TO BE CONSIDERED: Authorize the preparation of an American Land Title Association (ALTA) Survey by RLK, Inc., for the Cedar Grove Redevelopment Area. FACTS: • On October 2, 2001, the City Council approved the establishment of the Cedar Grove Redevelopment Project Area and the Cedar Grove Redevelopment Tax Increment Financing District. • On March 15, 2011, Eagan's Economic Development Authority (EDA) approved an amended Preliminary Development Agreement which extended the services of the development team leader Len Pratt of Pratt Development LLC and also permitted the addition of Cassidy Turley to the redevelopment team for the Cedar Grove Redevelopment Area. Currently, the development team is marketing the redevelopment area for commercial, office and residential uses. • The development team has recently received multiple interests in developing within the redevelopment area. Requests for additional information, including an ALTA survey, have been made by some of the parties. • An ALTA survey is a property boundary survey by a registered land surveyor that shows improvements, easements, rights -of -way, and other elements impacting the ownership of land. The survey is often desirable for commercial properties, as it will provide the title company with the information required to insure the title to the land and improvements to the high degree that a commercial development may require. • Based on this current level of interest, City staff requested proposals for the preparation of an ALTA Survey to further refine the detail of property information readily available to potential developers of the redevelopment area. • All proposals have been reviewed for compliance with the ALTA Survey requirements and accuracy on cost estimates. The low bid from RLK, Inc., has been reviewed by the Community Development Department and Engineering Division and found to be in order for favorable EDA action. ATTACHMENT: • Proposal Summary, page. 4L BID SUMMARY CEDAR GROVE REDEVELOPMENT AREA ALTA SURVEY Bid Date/Time: Monday, November 21, 2011 by 2:00 pm G:RMatthys /'11 /Misc/ALTA Survey Bid Summary Results 14-7 Over Contractors Total Bid Low Bid 1. RLK, Inc. $15,000.00 0% 2. Sunde Land Surveying $15,500.00 +3.3% 3. HTPO, Inc. $58,400.00 +289% G:RMatthys /'11 /Misc/ALTA Survey Bid Summary Results 14-7 Agenda Information Memo Eagan Economic Development Authority Meeting December 6, 2011 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED To adjourn the Economic Development Authority meeting. City of Ea an 2012 General Fund Budget and Property Tax Levy Public Hearing December 6, 2011 Eagan Municipal Center Introduction Each year, as part of the budget preparation process, most Minnesota cities are required by law to hold a public hearing to receive comments on the types and levels of services proposed for the coming year and the anticipated costs of those services. We expect and welcome public comment as a constructive part of the budget process. Public input, together with the City Council's experience and City staff's expertise, help form the spending and cost management priorities for the City. Prior to tonight's formal budget hearing, the City Council held a budget open house at City Hall on November 22 to discuss with residents questions, concerns, and ideas with the City Council and staff in an informal, conversational setting. Background In Minnesota, property taxes provide a significant portion of the total funding for K -12 schools and City and County services. The purpose of tonight's hearing is to discuss only the portion of taxes that supports City services, which is a little more than one - quarter of a homeowner's total property taxes. The City Council does not control the amounts levied for K -12 schools or County services. Nor does the City establish the market value of a property, another factor affecting the change in total taxes; it is the responsibility of the Dakota County Assessor's office to establish each property's market value. This year, under a new State law, the taxable market value reflected in the Proposed Property Tax statements has been lowered for property owners that qualify for the Market Value Homestead Credit (MVHC), sometimes simply referred to as the homestead credit. This reduction, which is called a market value exclusion, does not indicate an actual reduction of property value; rather, it is just a means for implementing the MVHC. The "2012 Property Tax Levy" section below discusses the change in more detail. The actual property market value may have decreased as well. Unfortunately, from the Proposed Property Tax statements, it is impossible to tell how much of the decrease relates to an actual decrease in value and how much relates to the market value exclusion. It is our understanding that the final property tax statements issued next March will break down the change in value into the two components. To get more information about it today, you may contact the Dakota County Assessor's office at 651- 438 -4200. 3 2012 Property Tax Levy Tonight, the Council is considering the following 2012 tax levy, which represents a 2.9% reduction from last year: Budgeted: General General Facilities Renewal & Replacement Equipment Revolving Major Street -- General Major Street -- Overpasses & Interchanges Equipment Certificates Debt Service Fire Apparatus Community Center Bonds Park System Development/R &R Cedarvale Special Services District Sub -Total Budgeted Not Budgeted: Market Value Homestead Credit Allowance for Uncollectable Taxes Sub -Total Not Budgeted Total Gross Levy Payable Payable Change 2011 2012 $ % 21,204,600 21,515,000 310,400 1.5% 283,042 289,197 6,155 2.2% 1,031,127 1,053,549 22,422 2.2% 1,527,925 1,561,150 33,225 2.2% 1,054,312 1,077,238 22,926 2.2% 126,879 133,521 6,642 5.2% 273,121 266,479 (6,642) -2.4% 1,192,223 1,128,947 (63,276) -5.3% - 400,000 400,000 NA 26,693,229 27,425,081 731,852 2.7% 1,012,784 - (1,012,784) - 100.0% 541,098 - (541,098) - 100.0% 1,553,882 - (1,553,882) - 100.0% 28,247,111 27,425,081 (822,030) -2.9% Changes in State law in 2011 with respect to the MVHC will have a significant impact on taxpayers. Taxes on virtually all taxpayers are pushed upward under the new law, with higher - valued homestead property owners and non - homestead property owners (including businesses) absorbing a greater proportion of the increase. Under the previous law, the State would grant the MVHC to qualifying property owners and pay the credit to the cities. In fact, more often than not, because of its own budget problems, the State did not pay the full amount of MVHC to the cities. Over the past decade, the State has shorted Eagan by several million dollars. Under the new law, the State no longer funds the homestead credit. Payment of the credit falls back on the property owners. The credit is now applied by way of an exclusion (reduction) of taxable market value. As noted above, your Proposed Property Tax statement does not specifically identify the amount of the exclusion, but here is one example of how the exclusion appears on the statement. Note that the property value seems to have decreased more than it really has: M All things being equal (i.e., if the City tax levy were to remain flat and individual property value decrease were proportionate to other property owners), virtually all property owners would see an increase in taxes. Let's look at a very simplistic example comparing the old law to the new: In this example, the City is raising $10,000 to supply city services. Previously, the State (blue) would have contributed, say, $550 to the City and the taxpayers (green, red, orange) would pay the balance. Under the new law, the State no longer contributes, and the higher valued properties (orange) absorb the biggest share of the $550, while the smaller valued properties (green) pick up the smallest share. Here's the impact on the average value Eagan homestead ($237,696 in 2012 and $241,744 in 2011). First, we show the impact of the City's 2.9% reduction in its levy. Then, you can see the offsetting effect of the State's homestead credit legislation: 2011 City portion of taxes $ 800 Decrease due to reduced 2012 levy LL2 2012 City portion of taxes under the old law 768 Increase due to new homestead credit legislation 37 2012 City portion of taxes $ 805 The chart below shows the tax increase caused by the new legislation for a variety of home values: Il 2012 General Fund Budget In June 2009, in response to the Governor's unallotment of Market Value Homestead Credit aid to the City in the amount of $700,000 and other lagging revenues resulting from the poor economy, the City Council adjusted the 2009 expenditure budget down by $592,000. As part of the adjustments, 9.2 full -time equivalent (FTE) positions were eliminated. Since that time, an additional 3 FTEs have been eliminated, including 2 with the current year's budget. The 2012 General Fund budget is up 1.3 %, from $27,687,900 to $28,040,000. A modest staff wage increase, the first in three years for non -union employees, has been built into the budget. About three - quarters of the City's budget is staff wages and benefits. Departmental budget amounts are shown No new services are proposed. At the same time, no services are proposed to be eliminated. The 2012 General Fund budget is balanced. Because of an anticipated decrease in fee -based and other revenues, the portion of the total property tax levy allocated to the General Fund is up $310,400 from last year. 7 City Portion of Taxes Although not broken down for the reader, the City of Eagan tax figure in the TnT Proposed Property Tax Statements has three components: 1) the amount based on tax capacity; 2) the amount based on market value, resulting from the Community Center referendum approved by voters in 2000; and 3) the homestead credit, which in 2012 is applied by way of a reduction in the market value —and thus tax capacity —of a property from its actual market value to a taxable market value. The credit applies only to the tax capacity -based portion of the tax, not to the market value -based portion. The homestead credit does not apply to commercial /industrial property or homesteads valued higher than $414,000. Tax Capacity -based Portion (Homestead Credit Exclusion Applies) The graphics on pages 7 through 10 help illustrate how the amount based on tax capacity is calculated. Effective 2012, the market value homestead credit is applied by way of a market value exclusion. In other words, the market value used for calculating the tax is reduced from the actual market value. The average Eagan homestead in 2012 is valued at $237,696. The amount excluded for a homestead of this value, per the State's formula, is $15,847. Thus, the market value for calculating the tax - capacity based taxes is: $237,696 – $15,847 = $221,849 = taxable market value Each property's tax capacity (a function of taxable market value and property type) is multiplied by the City's tax capacity rate, which is derived from the dollar levy approved by the Council. The City portion of taxes on a residential property with a market value of $237,696 and taxable market value of $221,849 is calculated as follows: First ... Tax capacity of $237,696 home = $221,849 x 1 % = $2,218 Then ... Tax capacity -based taxes = $2,218 x.34536 (tax cap. rate) = $766.18 Market Value -based Portion (Homestead Credit Exclusion Does Not Apply) In 2000, Eagan voters approved a bond referendum to fund development and construction of the Community Center in the Central Park area. The 20 -year serial bonds were sold in 2001. Each year, the amount of the debt service payments is levied as part of the property tax. The market value tax rate for 2012 is .0001644. The market value used for the calculation is not reduced by the homestead credit exclusion as with the tax capacity -based portion. Here is the calculation for our average home: Market value -based taxes = $237,696 x.0001644 (MV rate) _ $39.07. Only the total City tax, or $805.25 ($766.18 + $39.07), would appear on the Proposed Property Tax statement. E FREQUENTLYASKED QUESTIONS When it comes to answering FAQs, sometimes pictures say it better than words. The charts and tables on the following pages serve to answer the questions we are commonly asked: What share of my tax bill goes to the City? Page 8— Pie chart illustrating where your property tax dollars go How is the City share of my tax bill calculated? Page 9— Summary of three components of tax calculation Page 10 — Graphic of tax capacity -based tax calculation Page 11— Determining tax capacity of a property Page 12 — Determining the City's tax capacity rate How can my taxes go up when my property value is going down? Page 13 — It's more complicated than this illustration shows, but here's a simple example explaining the concept How are my City tax dollars being spent? Page 14 — Pie chart reflecting allocation of 2012 property tax for a $237,696 house What other revenue sources are used to pay for the proposed bdg u et? Page 15 — Pie chart of total revenues by source Page 16— Comparative summary of revenues for 2011 and 2012 (as proposed) budget. 10 What amount of spending is proposed for 201Z and how does it compare to last year? Page 17— Pie chart and table of major expenditure categories Page 18— Comparative summary of expenditures for 2011 and 2012 (as proposed) budget. How do my City taxes compare with those of other Metro -area suburbs? Page 19— Bar chart comparing Eagan with 17 other area cities 11 Where will your 2012 property tax dollars go? Calculation is for residential property located in ISD 196. her 12 Calculating the City Portion of Property Taxes There are three basic components to the City tax figure shown in your Proposed Property Tax Statement: 1) Tax capacity -based taxes This is the more complicated part of the calculation. See graphics on pages 8 -10. 2) Market value -based taxes In a 2000 referendum election, voters authorized the City to issue bonds to develop the Central Park area and construct a Community Center there. Bonds in the amount of $13,970,000 were issued in 2001 and refinanced at a lower rate in 2009. Bond payments are made from a tax levy that is based on a property's market value, calculated like this: ►a1 3) Homestead Credit - City portion (pertains to residential properties only) 13 In 2002, the State Legislature instituted a credit for homestead property taxpayers. Until last year, the credit was in the form of a separate reduction after the property tax was calculated. The credit was 0.4% of the property value to a maximum of $304 for a $76,000 homestead, and phased out from that point, on a straight -line basis, to zero for a home valued at $414,000. Beginning in 2012, the credit remains, but is granted by way of reducing the market value. Because the State no longer pays the credit to the cities, the credit in effect is "paid" by the taxpayers. All taxpayers, including the qualifying homestead property owners, contribute to funding for this credit through an increased tax rate. 14 Tax Capacity Portion of Property Taxes X Influencing factors: General Fd expenditures Debt service Allocation to capital proj. State aids Other non -tax revenues Influencing factors: Development /gro wth Tax class rate changes Fiscal disparities TIF Market value exclusion Tax capacity based taxes 15 Determining Your Property's Tax Capacity Taxable Property Value X Class rate °/© Property Class Rates 2011 Residential (both homestead and non - homestead) 2012 First $500,000 in value 1.00% 1.00% Over $500.000 1.25% 1.25% 16 Example 1: Residential homestead valued at $237,696 has a taxable market value of $221,849 after the homestead credit exclusion: 2012 tax capacity = $221,849 x 1.00% = $2,218 Example 2: Residential homestead valued at $600,000 does not qualify for the homestead credit exclusion: $500,000 x 1.00% = $5,000 $100,000 x 1.25% = 1,250 2012 tax capacity = $6,250 17 Determining the City's Tax Capacity Rate 2011 2012 Property tax levy Operating Debt service $27,054,888 $ 26,162, 613 0 133,521 Subtotal Less: Fiscal Disparities Distribution wire T. 1 :::, (2,624,262) 26,296,134 (2,543,562) % change (3.3 %) (3.3 %) (3.1 %) IN 2011 2012 Total tax capacity Less: Fiscal Disparities Contribution Tax increment $87,808,937 $ 86,169, 892 (14,165,562) (13,243,854) (1,092,980) (1,062,612) (1.9 %) (6.5 %) (2.8 %) 2011 tax capacity rate = 24,430,626 / 72,550,395 = .33674 % change 19 20 21 How are my City tax dollars allocated? $805 in taxes on a $237,696 (avg) Eagan home Capital Equip Cnntinnencv a.� Corr God Govt $17 ities Parks Demo -R!R $12 22 2012 General Fund Revenues $ 28 Other 1.8% Recre Chai 2.� censes & Permits 4.3% ansfers 1.7% 23 Services Revenue Revenues 4.7 °I° 2.2% 6.2 °I° 2012 BUDGET GENERALFUND COMPARATIVE SUMMARY OF REVENUES 2011 2012 0 (12 vs. 11) Budget Budget $ General Property Taxes $ 21,204,600 $ 21,515,000 310,400 1.5% Licenses 277,900 274,700 (3,200) -1.2% Permits 959,600 936,200 (23,400) -2.4% Intergovernmental Rev 678,100 621,000 (57,100) -8.4% Charges for Services 1,009,600 1,323,800 314,200 31.1% Recreation Charges 622,600 669,600 47,000 7.5% Fines & Forfeits 344,500 245,200 (99,300) - 28.8% Other Revenues 284,600 260,900 (23,700) -8.3% Program Revenues 1,847,100 1,728,000 (119,100) -6.4% Transfers 459,300 465,600 6,300 1.4% TOTAL GENERAL FUND $ 27,687,900 $ 28,040,000 $ 352,100 1.3% 24 2012 General Fund Allocation of Expenditures 25 Building Maint Continaencv 26 ......... Comparative Summary of Expenditures General Fund Budget 2011 2012 Difference Budget Budget % GENERAL GOVERNMENT 01 Mayor & Council $ 143,300 $ 141,800 $ (1,500) -1.0% 02 Administration 506,900 534,300 27,400 5.4% 03 Information Technologies 1,283,200 1,313,700 30,500 2.4% 04 City Clerk 255,300 315,100 59,800 23.4% 05 Finance 1,115,500 1,044,200 (71,300) -6.4% 06 Legal 407,700 390,000 (17,700) -4.3% 07 Comm Dev-- Planning /ED 910,500 970,900 60,400 6.6% 08 Comm Dev-- Inspections 915,800 878,300 (37,500) -4.1% 09 Communications 457,700 465,600 7,900 1.7% 10 Human Resources 242,600 263,200 20,600 8.5% Gen Govt Total 6,238,500 6,317,100 78,600 1.3% PUBLIC SAFETY 11 Police 11 ,101,000 11,203,700 102,700 0.9% 12 Fire 1,726,700 1,730,800 4,100 0.2% Public Safety Total 12,827,700 12,934,500 106,800 0.8% PUBLIC WORKS 21 Public Works /Engineering 1,175,200 1,191,200 16,000 1.4% 22 Streets & Highways 1,659,800 1,699,400 39,600 2.4% 24 Central Svices. Maint. 611,700 629,800 18,100 3.0% Public Works Total 3,446,700 3,520,400 73,700 2.1% PARKS & RECREATION 30 Recreation 1,974,900 2,047,000 72,100 3.7% 31 Parks 1,942,000 1,951,700 9,700 0.5% 32 Tree Conservation 484,400 501,000 16,600 3.4% Parks & Rec Total 4,401,300 4,499,700 98,400 2.2% GENL GOVT BLDG MAINT 33 Government Buildings 715,300 738,700 23,400 3.3% Subtotal 27,629,500 28,010,400 $ 380,900 1.38% 41 Contingency -- undesignated 58,400 29,600 (28,800) - 49.3% General Fund Total $ 27,687,900 $ 28,040,000 $ 352,100 1.27% 26 City Portion of Property Taxes 2012 Truth -in- Taxation Estimates $237696 Homestead (Eagan avg.) Plymouth Mendota Heights Eden Prairie Eagan Minnetonka Woodbury Maple Grove I akauilla Coon Rapids Bloomington Burnsville 18 -City Average Rosemount Inver Grove H is Apple Valley South St. Paul Brooklyn Park West St. Pau Hastings 75 27 $0 $400 $800 $1,200 $1,600