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12/07/2010 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING December 7, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE f ( II. ADOPT AGENDA III. 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) Pa A. APPROVE MINUTES P ID B. PERSONNEL ITEMS P t 1 C. APPROVE Check Registers 1213, D. RECEIVE Bids and approve resolution awarding sale of $415,000 in General Obligation Equipment Certificates of Indebtedness �o1a E. APPROVE proposed 2011 Enterprise Fund Budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage / Water Quality), Cascade Bay and Community Center F. APPROVE 2011 Special Revenue Funds Budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cable TV Franchise Fees Fund, and E -TV Fund 104D G. APPROVE 2011 Eagan Convention & Visitors Bureau Budget 1�4e�H. APPROVE change orders for Fire Safety Center .41. APPROVE exempt permit for Eagan High School Boys Lacrosse Booster Club to hold a raffle on March 14, 2011 P410 J. APPROVE renewals of existing liquor licenses for 2011 P 47 K. APPROVE on -sale wine and 3.2 percent malt liquor (beer) license for Andiamo Italian Ristorante, Inc., dba Andiamo Italian Ristorante located at 1629 Lena Court f.4? L. APPROVE renewals of existing tobacco licenses for 2011 P.W M. APPROVE renewals of existing trash hauler licenses for 2011 PSaN. APPROVE renewals of existing tree contractor licenses for 2011 O. APPROVE renewals of existing kennel and pet shop licenses for 2011 P. APPROVE renewal of carrier / homing racing pigeon license for Eric Drenckhahn, 2811 Pilot Knob Rd. Q. APPROVE Conduit Space License Agreement with Arvig Enterprises R. Item Removed S. APPROVE Submittal of FY 2011 Community Development Block Grant Application • f T. Item Removed T. APPROVE submittal of 2011 CDA Redevelopment Incentive Grant application �bb V. APPROVE request for amendment of 2010 CDA RIG Fund Allocation for other eligible expenses W. AUTHORIZE preparation of City Code amendment to clarify accessory vehicle storage performance q standards P6� X. RECEIVE Feasibility Report for Project No. 1021 (Park Knoll Addition — Street Improvements) & schedule a public hearing (January 4, 2011) MY. RECEIVE Feasibility Report for Project No.1039 (Wilderness Ponds — Street Improvements) & schedule a public hearing (January 4, 2011) RECEIVE Feasibility Report for Project No. 1040 (Fairway Hills — Street Improvements) & schedule a public hearing (January 4, 2011) f,72, AA. RECEIVE Feasibility Report for Project No. 1045 (Galaxie /Cliff Plaza — Street Improvements) & schedule a public hearing (January 4, 2011) P. %3BB. APPROVE an Easement Agreement for Project 971 (Duckwood Drive Overpass — Bridge and Street Improvements) — New Horizon/Trusek P,757CC. APPROVE final payment for Contract No. 10 -09, Cliff Road — Trunk Water Main P7to DD. APPROVE Change Order No. 2 for Contract No. 09 -04, Fish Lake Alum Dosing Station & Settling Basin f.17 EE. DELAY Project No. 1047 (Johnny Cake Ridge Road — Street Overlay) until 2012 7$ FF. APPROVE Change Order No. 1, (Contract 10 -10) South Water Treatment Plant — Upgrade GG. APPROVE Consultant and Authorize Plans & Specs for Contract 11 -03, Deerwood Reservoir (Repainting) psd HH. ACCEPT a capital grant from the Metropolitan Regional Arts Council for art exhibit supplies and equipment for the Eagan Community Center and the Eagan Municipal Center and authorize the change to the 2010 budget. �p�I II. DECLARE a hand operated ice edger at the Eagan Civic Arena as surplus property. JJ. APPROVE Change Order #1 for precast and structural changes to the Civic Arena training space project in the amount of $12,102. V. PUBLIC HEARINGS f .E3 A. PROPOSED 2011 BUDGET AND PROPERTY TAX LEVY pVI. OLD BUSINESS lY 0 A. CONSIDERATION OF MODIFICATION OF COVENANTS FOR HAWTHORNE RIDGE VII. NEW BUSINESS 10/L- 3A. PLANNED DEVELOPMENT AMENDMENT — Leeann Chin —A Planned Development Amendment to allow drive through service located at 2071 Cliff Road. Q, B. REZONING — City of Eagan — A Rezoning from (PD) Planned Development to (R -1) Residential Single Family located on Lots 3, 4, & 5, Block 2, Westbury 2nd Addition VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY l . 2/„ A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA P 13 1. Approve EDA Minutes D. OLD BUSINESS 40 1. Approve Escrow Release Agreement with Basil Dyab regarding former Shell Station at 3820 Cedarvale Boulevard E. NEW BUSINESS F. OTHER BUSINESS 1. Executive Session — Consideration of purchase offer for property at 3850 Cedar Grove Parkway in i the Cedar Grove Redevelopment District. 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 Evan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 3, 2010 SUBJECT: AGENDA INFORMATION FOR DECEMBER 7, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 7, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 7, 2010 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 16, 2010 Regular City Council meeting and November 9, 2010 Special City Council meeting as presented or modified. ATTACHMENTS: 9 M . Ylutes of the November 16, 2010 Regular City Council meeting are enclosed on pages through. • M' tes of the ovember 9, 2010 Special City Council meeting are enclosed on pages through. MINUTES OF A REGULAR MEETING OF THE �.JR EAGAN CITY COUNCIL /� f Eagan, Minnesota November 16, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley and Hansen. Councilmember Bakken was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Thursday, November 16, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields Tilley and Hansen. Councilmember Bakken was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, Assistant City Engineer, John Gorder, Administrative Services Director Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk, Mira Broyles. AGENDA City Administrator Hedges noted an addition to the Consent Agenda (item W.) Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire noted the passing away of Pete Poppler, retired Police Officer. A moment of silence was observed. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the November 4, 2010 regular City Council as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Seasonal Employees Jennifer Grundman, Jessica Mitchell, Nancy Saunders, Meghan Hovan, Elizabeth Lyon, Audrey Hamand, and Adam LeMere in Parks and Recreation. 2. It was recommended to approve the hiring of Jennifer Saver for the full -time Manager on Duty position at the Eagan Community Center. 3. It was recommended to approve the change in position of Recreation Program Supervisor — Special Events from .5 to 1.0 in the 2010 and 2011 General Fund Budgets, to eliminate a 1.0 FTE Park Maintenance Worker position in the 2010 and 2011 General Fund Budgets; and to add an 8 month seasonal time allocation in the 201 Parks and Recreation budget. C. It was recommended to ratify check registers dated October 28, 2010 and November 4, 2010 as presented. D. It was recommended to award contract for Audio Visual System to low bidder. E. It was recommended to award contract for Overhead Paging System to low bidder. F. It was recommended to approve the funding application of Dakota Valley Recycling to Dakota County for community landfill abatement funds to operate the 2011 Dakota Valley Recycling Program. G. It was recommended to approve a resolution to establish the 60 DNL as the Airport Noise threshold for preventative and corrective measures in the environs of Minneapolis — St. Paul International Airport. VA City Council Minutes November 16, 2010 Page 2 F i H. It was recommended to approve tobacco licenses for Northern Tier Retail LLC, dba SuperAmerica at 1406 Yankee Doodle Road, 4200 East Highway 13, 1379 Town Center Drive, and 2250 Cliff Road. I. It was recommended to approve the off -sale 3.2 percent malt liquor (beer) licenses for Northern Tier Retail LLC, dba SuperAmerica located at 1406 Yankee Doodle Road, 4300 East Highway 13, 1379 Town Centre Drive and 2250 Cliff Road. J. It was recommended to accept Dakota County CDA Resolution waiving rights to any and all Conditional Use Permits governing 3206 Sibley Memorial Highway and terminating same. K. It was recommended to approve the Fish Lake Nutrient Total Maximum Daily Load (TMDL) Implementation Plan for submittal to the Minnesota Pollution Control Agency. L. It was recommended to receive the Draft Feasibility Report for Project 1044, (Clearview Addition — Street Improvements) and schedule a public hearing to be held on December 21, 2010. M. It was recommended to receive the Draft Feasibility Report for Project 1047, (Johnny Cake Ride Road — Cliff Road to Apple Valley border — Street Improvements) and schedule a public hearing to be held on December 21, 2010. N. It was recommended to receive the Draft Feasibility Report for Project 1048 (Blue Cross Road — Street Improvements) and schedule a public hearing to be held on December 21, 2010. O. It was recommended to receive the Draft Feasibility Report for Project 1049, (Wilderness Run Road — Street Improvements) and schedule a public hearing to be held on December 21, 2010. P. It was recommended to approve the final payment for Contract 10 -06 (Gold Trail / Woodhaven Park — Trail Improvements) in the amount of $2,246.15 to Aslakson's Blacktopping Service, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. It was recommended to approve Change Order No. 5 to Contract 09 -20 (Fire Safety Center / Station Trail — Site Grading & Utilities) and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve the final payment for Contract 10 -19 (Waters Area — Storm Sewer Repair) in the amount of $19,000.00 to Minger Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. S. It was recommended to approve Change Order No. 1 to Contract 09 -04 (Fish Lake Alum Dosing and Settling Basin — Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to accept a grant of $8,000 from the Metropolitan Regional Arts Council for a collaborative project with Eagan Parks and Recreation, Dakota Center for the Arts and local business partners and authorize the change to the 2010 budget. U. It was recommended to approve the application for the reissuance of the Municipal Separate Storm Sewer System General Permit and authorize the Mayor and City Clerk to execute all related documents. V. It was recommended to authorize the application of a grant from the Dakota County Public Health Department through a program called Improving Environments for Active Living. W. It was recommended to adopt a resolution authorizing the issuance of $415,000 General Obligation Equipment Certificates of Indebtedness on December 7. PRESENTATION OF COMMUNITY SURVEY RESULTS /DECISION RESOURCES Dr. Bill Morris of Decision Resources gave a presentation of the significant findings of the 2010 residential survey. PUBLIC HEARINGS PROJECT 1024, KENNEBEC DRIVE — STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for the Kennebec Drive street improvements. Assistant City Engineer John Gorder gave a staff report. City Council Minutes November 16, 2010 Page 3 DRAFT Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1024 (Kennebec Drive — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1015 — BLACKHAWK ROAD - STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Blackhawk Road. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Ron Stachcli and Bob Kruger expressed their concern and opposition to the assessment rate being based on R-4 zoning rather than single family. Lawrence Linkert discussed the Eagan Cemetery property and requested the assessment be waived. Council discussed the proposed assessment rate for the single - family residential properties and the possibility of postponing or deferring the assessments. It was the consensus of the Council to postpone the assessment until time of development. The Eagan Cemetery property was also discussed and it was decided to delete the property from the assessment roll. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the Final Assessment Roll with deletion of Parcel numbers 10- 14388- 010 -00 and 10- 02000 - 011 -80 for Project 1015 ( Blackhawk Road — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Mayor Maguire moved, Councilmember Tilley seconded a motion to postpone assessments on Parcel Numbers 10- 02900 - 010 - 06,10- 02900 - 010 -08, 10- 02900 - 020 -06, and 10- 02900 - 030 -08 until time of development. Aye:4 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code Chapter 11.64, Subd. 7 regarding the Aircraft Noise Overlay District. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Ordinance Amendment to City Code Chapter 11.64, Subd. 7 regarding Aircraft Noise Overlay District changing Land Use Compatibility Tables by redefining educational and medical uses. Aye: 4 Nay: 0 City Council Minutes November 16, 2010 Page 4 ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code Chapter 11 relative to the definition of the Business Park Zoning District. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to City Code Chapter 11 relative to the definition of the Business Park Zoning District and direct the City Attorney to publish the amendment in the legal newspaper. Aye: 4 Nay: 0 NEW BUSINESS KUTOFF COURT — NO PARKING City Administrator Hedges introduced this item regarding possible parking restrictions for Kutoff Court. Community Development Director Hohenstein and City Engineer Matthys gave a staff report. A representative of Valley Sports stated that boats are not stored in the cul -de -sac, but at times it is used as a staging area. He requested that no restrictions be placed on parking in the cul -de -sac. A representative of Gopher Resources requested that no parking restrictions be made. A representative of Twin Cities Wire stated that a no parking designation would be detrimental to the businesses on Kutoff Court. Council held a discussion. Councilmember Tilley moved to approve a resolution to prohibit parking on the west side of Jutoff Court between Trunk Highway 149 and the cul -de -sac bulb, including said cul -de -sac bulb. Motion failed due to the lack of a second. Councilmember Fields moved, Mayor Maguire seconded a motion to approve a resolution to prohibit overnight parking in the cul -de -sac bulb. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA City Engineer Matthys discussed a purchase agreement in conjunction with Project 971, Duckwood Drive bridge and street improvements. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Purchase Agreement for Project 971 ( Duckwood Dirve — Bridge and Street Improvements. Aye: 4 Nay: 0 VISITORS TO BE HEARD Margo Danner gave an update on the Tribute and Memorial Plaza. ADJOURNMENT 14 City Council Minutes November 16, 2010 Page 5 Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:20 p.m. Aye: 4 Nay: 0 Date Mike Maguire, Mayor Maria Petersen, City Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 9, 2010 5:30 P.M. CITY COUNCIL CHAMBERS City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Director of Public Works Colbert, and Director of Administrative Services VanOverbeke. I. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire called the meeting to order. Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 5; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. CANVAS BALLOTS — NOVEMBER 2, 2010 MUNICIPAL ELECTIONS City Administrator Hedges provided background information on the election process including the impact of the numerous statutory changes to the regulations governing the conduct of an election and its impact on staff and election judges. Director of Administrative Services VanOverbeke reviewed the voter statistics noting that the incumbents, Mayor Maguire, and Councilmembers Bakken and Hansen were reelected to office. He also noted voter turnout was 65.1 % which is fairly typical for this type of election. Councilmember Bakken moved, Councilmember Hansen seconded a motion to certify the election results for the office of mayor. Aye: 5; Nay: 0 Councilmember Bakken moved, Councilmember Hansen seconded a motion to certify the election results for the office of councilmember. Aye: 4; Nay: 0 (Bakken abstained) Levi, Special City Council Minutes November 9, 2010 Page 2 IV. FOLLOW UP ON ASSESSMENT OPTIONS FOR LAKEWOOD HILLS TRUNK IMPROVEMENTS City Administrator Hedges provided background information on the various activities that had preceded tonight's meeting; noting the status of the actual construction project and the assessment process. Director of Public Works Colbert provided additional background on the conservation easement survey process and a summary of the responses received from the affected property owners as presented in the City Council packet. The Council expressed disappointment that there wasn't more interest in pursuing conservation and/or ponding easements by the property owners, but noted that it was a good option and should still remain available. In response to a concern about the limited time opportunity for property owners to reply to the survey, Director Colbert stated that the response deadline was established to allow a summary to be provided to the Council at this workshop. He stated he would continue to accept and record additional responses whenever they are received. After discussion, the City Council directed staff to continue to pursue conservation and/or the ponding easements for the two property owners who expressed some interest, with the option remaining open for others to consider. However, further consideration of additional easements will have to result from the initiative of individual property owners, and the staff is not to actively pursue any additional conservation or ponding easements as part of the earlier City Council direction. Further, the levying of assessments is to move forward on regular terms consistent with current City policies and practices, or with policies and practices as subsequently modified by the City Council. There was no other business. V. OTHER BUSINESS VI. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn the meeting at 6:08 p.m. Aye: 5; Nay: 0 Agenda Information Memo December 7, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Alexander Lenartz Civic Arena Building Attendant I Annalise Peck Civic Arena Building Attendant I Ellen Sahli Civic Arena Building Attendant I Nathan Schammel Civic Arena Building Attendant I /O Agenda Information Memo December 7, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 10, 2010, November 18, 2010 and November 26, 2010 as presented. ATTACHMENTS: • Check registers dated November 10, 2010, November 18, 2010 and November 26, 2010 are enclosed without page number. Agenda Information Memo December 7, 2010 Eagan City Council Meeting D. Receive bids and award sale of $415,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A ACTION TO BE CONSIDERED: Receive bids and approve a resolution awarding the sale of $415,000 in General Obligation Equipment Certificates of Indebtedness. FACTS: • At its November 4 meeting, the Council adopted a resolution authorizing the December 7 sale of equipment certificates (debt) issued for the purchase of a fire engine that is being built now and will be delivered next spring. • In 2007, the City adopted a long -term fire apparatus financing plan that utilizes a combination of cash and equipment certificates to fund future needs. These equipment certificates are issued pursuant to the plan. • Springsted, Inc., the City's bond consultant, is coordinating the sale. They have requested bids from three banks: US Bank, Wells Fargo, and Anchor Bank. • Bids are due at noon on December 7. Sale results and a recommendation for awarding the sale will be presented by staff at the meeting. ATTACHMENTS: • A copy of the resolution awarding the sale is on pages through. Terms of the sale will be filled in after bids are opened; a final resolution will be presented to the Council at the meeting. /a Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in the City, on Tuesday, December 7, 2010, at o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the meeting was convened for the purpose of providing for the sale of $415,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A. Member introduced the following written resolution and moved its adoption: RESOLUTION PROVIDING FOR SALE OF $415,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2010A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND LEVYING TAXES FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. To provide funds for the purpose of financing the acquisition of fire equipment for City purposes pursuant to the authority of Section 412.301 and Chapter 475, Minnesota 1 l3SALE RESOLUTION Statutes, it is hereby determined that it is necessary and expedient that the City issue its General Obligation Equipment Certificates of Indebtedness, Series 2010A (the "Certificates "). 2. The proposal of to purchase the Certificates at a price of $415,000 is hereby found and determined to be the best proposal received and is hereby accepted. Accordingly, the Certificates shall be dated and delivered December 15, 2010, shall mature on February 1 in the years and amounts and shall bear interest payable on February 1 and August 1, commencing August 1, 2011, at the rates per annum according to year of maturity, as follows: All Certificates without option of prior payment. 3. The Certificates, the Registrar's Authentication Certificate and the form of assignment shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN No. R -1 $ GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2010A Interest Rate Maturity Date of Original Issue % August December 15, 2010 Registered Owner: Anchor Bank Principal Amount: Thousand Dollars The City of Eagan, Dakota County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, without option of prior payment, the Principal Amount specified above on the Maturity Date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on 2 / ] SALE RESOLUTION Interest Interest Year Amount Rate Year Amount Rate 2012 $40,000 2017 $45,000 2013 45,000 2018 50,000 2014 45,000 2019 50,000 2015 45,000 2020 50,000 2016 45,000 All Certificates without option of prior payment. 3. The Certificates, the Registrar's Authentication Certificate and the form of assignment shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN No. R -1 $ GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2010A Interest Rate Maturity Date of Original Issue % August December 15, 2010 Registered Owner: Anchor Bank Principal Amount: Thousand Dollars The City of Eagan, Dakota County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, without option of prior payment, the Principal Amount specified above on the Maturity Date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on 2 / ] SALE RESOLUTION such principal sum at the interest rate specified above from December 15, 2010, or the most recent interest payment date to which interest has been paid or provided for, on February 1 and August 1 of each year, commencing August 1, 2011. Principal and interest payable in lawful money of the United States of America at the office of the Chief Financial Officer in Eagan, Minnesota, as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each February 1 and August 1 interest payment date by check or draft mailed to the person in whose name this Certificate is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Certificate shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. This Certificate is one of an issue of Certificates in the aggregate principal amount of $415,000, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Section 412.301 and Chapter 475, Minnesota Statutes, for the purpose of providing funds for purchasing certain fire equipment. This Certificate constitutes a general obligation of the City and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the City is hereby irrevocably pledged, and the City will levy ad valorem taxes, if required for such purpose, without limitation as to rate or amount. This Certificate is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Certificates of this series adopted December 7, 2010 (the "Bond Resolution "), only upon books of the City kept at the office of the Bond Registrar by the registered owner hereof in person or by the owner's duly authorized attorney, upon surrender of this Certificate for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the registered owner hereof or the owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Certificates of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Certificates of this series are issuable only as fully registered certificates in denominations equal to the principal amount maturing each year. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Certificate have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Certificate, together with all other indebtedness of the City outstanding on 3 SALE RESOLUTION the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. This Certificate shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Eagan, Minnesota, by its City Council, has caused this Certificate to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified above. (Facsimile Signature) Mayor (Facsimile Signature) City Clerk BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Certificates described in the within mentioned Bond Resolution, and this Certificate has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Eagan, Minnesota. Dated: .2010 4 Ik CITY OF EAGAN, MINNESOTA Bond Registrar LIM Its Chief Financial Officer SALE RESOLUTION ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please Insert Social Security Number or Other Identifying Number of Assignee SIGNATURE GUARANTEE Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Trustee, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Trustee in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Notice: The signature of this assignment must correspond with the name as it appears on the face of this Bond in every particular, without alteration or any change whatever. 4. The Certificates and interest thereon shall be payable upon presentation at the office of the Chief Financial Officer in Eagan, Minnesota, as Registrar and Paying Agent, or at the offices of such other successor agents as the City may hereafter designate upon 60 days' mailed notice to the registered owners at their registered addresses. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 5. The Certificates shall be prepared under the direction of the Chief Financial Officer and when so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Certificates shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond Registrar is authorized and directed to register the Certificates initially issued hereunder in such name as the purchaser directs. The Certificates initially issued hereunder shall be registered as the date of delivery, and all Certificates issued in exchange therefor shall be registered as of such date. When the Certificates shall have been so prepared and executed, they shall be delivered by the Chief Financial Officer in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre & Benson LLP, and the purchaser shall not be required to see to the proper application of the proceeds. 5 17 SALE RESOLUTION 6. As long as any of the Certificates issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Certificates, as in this Resolution provided, and for the registration and transfer of such Certificates, and shall also keep at said office of the Bond Registrar books for such registration and transfer. 7. As to any Certificate, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal or interest of any such Certificate shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid. 8. There is hereby created a separate debt service fund for the Certificates, which shall be held by the Chief Financial Officer and used for no other purpose than to pay said Certificates, provided, that if any payment thereon shall become due when there is not sufficient money in said fund to pay the same, the Chief Financial Officer shall make such payment from the general fund of the City, and said general fund shall be reimbursed for such advances out of the proceeds of taxes levied pursuant hereto or other moneys appropriated by the City Council for such purpose. Into said debt service fund shall be paid all proceeds of the taxes levied pursuant to this resolution and such other moneys as may be received by the City for the purpose of or appropriated to the payment of the Certificates. There is hereby levied upon all the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general taxes of the City, which tax is levied in the years and amounts as follows: Levy Year Amount of Levy 2010 2011 2012 2013 2014 2015 2016 2017 2018 Said levy shall be irrepealable and the taxes so levied are irrevocably appropriated to the debt service fund, but the City reserves the right to reduce said levy in the manner and to the extent permitted by Section 475.61, Minnesota Statutes. It is hereby found and determined that the foregoing taxes, if collected in full, together with funds appropriated therefor, will 6 /9 SALE RESOLUTION produce at least five percent in excess of the amount needed to meet when due the payments on the Certificates. 9. The City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Certificates, certified copies of all proceedings and records relating to the issuance of said General Obligation Equipment Certificates of Indebtedness, Series 2010A and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 10. The officers of the City are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code "), by the 15th day of the second calendar month after the close of the calendar quarter in which the Certificates are issued. 11. The City shall not take or permit any action that would cause the Certificates to be "private activity bonds" within the meaning of Section 141 of the Code. The City shall comply with the rebate requirements imposed under Section 148(f) of the Code and regulations thereunder, including (if applicable) the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The City Clerk of the City is hereby authorized to make on behalf of the City all elections that he may deem necessary and expedient under Section 148 of the Code. In addition, the City shall make no investment of funds that would cause the Certificates to be "arbitrage bonds" within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this paragraph 11 shall have the meanings provided in the Code and regulations thereunder. 12. The City Clerk shall furnish a certified copy of this resolution to the County Auditor of Dakota County, and obtain the County Auditor's certificate as required by law. 13. The Certificates are hereby designated as qualified tax exempt obligations for purposes of Section 265(b)(3) of the Code. 7 / 7 SALE RESOLUTION The motion for the adoption of the foregoing resolution was duly seconded by Member thereof: upon 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. 8 XSALE RESOLUTION STATE OF MINNESOTA ) COUNTY OF DAKOTA )SS. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held December 7, 2010, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $415,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A of said City. WITNESS My hand officially and the seal of the City this of December 2010. City Clerk City of Eagan, Minnesota (Seal) fb.us.604581 1.01 = "" "M Lfb.us.604581 1.01 fb.us.604581 1.01 fb.us.604581 1.01 9 —V SALE RESOLUTION Agenda Information Memo December 7, 2010 Eagan City Council Meeting E. Approve Proposed 2011 Enterprise Fund Budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage/Water Quality), Cascade Bay and Community Center. ACTION TO BE CONSIDERED: Approve the proposed 2011 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Street Lighting, and Storm Drainage /Water Quality), Cascade Bay and the Community Center. FACTS: • The City Council reviewed these budgets in September; no changes have been made since then. • User fees support these budgets. • The Public Utilities revenue estimates reflect proposed rate increases that match Springsted's rate recommendations. Those rates will be presented at the December 21 meeting as part of the approval of the 2011 Fee Schedule. The proposed rate increases are: 0% for Water; 6% for Sanitary Sewer; 3.85% for Street Lighting; and 4.25% for Storm Drainage /Water Quality. ATTACHMENTS: • Enclosed on pa� is the Public Utilities Fund revenue and expenses summary. • Enclosed on paga_�— is the Cascade Bay Fund revenue and expenses summary. • Enclosed on page 0 is the Community Center Fund revenue and expenses summary. WE Public Utilities Fund 2011 Budget Revenue and Expense Summary Other non - departmental revenues: Interest income Connection charges Antenna lease revenue (excludes ECC allocation) Other Total - non -dept revenue Net cash inflow (outflow) TOTALS $ 12,652,000 3,500 15,000 21,500 12,692, 000 2,054,200 457,600 4,082,000 20,000 156,100 4,447,700 11, 217,600 1,474,400 520,000 125,000 551,000 52,300 1,248,300 $ 2,722,700 Sanitary Street Storm Water Water Sewer Lighting Drainage Quality Revenues: Service charges $ 5,025,000 $ 5,822,000 $ 565,500 $ 418,900 $ 820,600 Connection permits 1,500 2,000 - - - Meter sales 15,000 - - - - Other 8,500 - - - 13,000 Total revenues 5,050,000 5,824,000 565,500 418,900 833,600 Operating expenses: Personal services 1,151,000 488,200 - 38,900 376,100 Supplies, repairs, maint. 334,200 47,600 - 14,100 61,700 Other services & charges 2,189,300 1,035,800 549,000 112,900 195,000 Merchandise for resale 20,000 - - - - Capital outlay 34,300 44,000 - 65,000 12,800 MCES disposal charges - 4,447,700 - - - Total operating exp 3,728,800 6,063,300 549,000 230,900 645,600 Net cash inflow (outflow) 1,321,200 (239,300) 16,500 188,000 188,000 Other non - departmental revenues: Interest income Connection charges Antenna lease revenue (excludes ECC allocation) Other Total - non -dept revenue Net cash inflow (outflow) TOTALS $ 12,652,000 3,500 15,000 21,500 12,692, 000 2,054,200 457,600 4,082,000 20,000 156,100 4,447,700 11, 217,600 1,474,400 520,000 125,000 551,000 52,300 1,248,300 $ 2,722,700 Aquatic Facility (Cascade Bay) Fund 2011 Budget Revenues, Expenses and Other Disbursements 2008 2009 2010 2011 Actual Actual Budget Budget Revenues Daily Admissions /Season Pass $ 677,623 $ 507,695 $ 759,400 $ 762,800 Group Sales 150,484 120,372 130,000 146,500 Concessions 226,043 167,518 225,500 225,000 Classes / Camps 21,886 23,148 23,000 24,000 Merchandise Sales 14,960 10,204 10,000 11,000 Vending 1,660 1,598 2,000 2,000 Rental 11,020 7,362 10,000 10,000 Interest 29,149 15,604 21,200 15,000 Other 79,814 4,399 - 400 Total Revenues 1,212,639 857,900 1,181,100 1,196,700 Expenses Personal Services $ 569,348 $ 523,945 $ 582,800 $ 588,300 Parts & Supplies 70,254 59,030 76,600 84,600 Cost of Concession Sales 86,415 76,267 85,000 85,500 Services & Other Charges 217,729 179,409 202,500 199,600 Capital Outlay 2,516 15,420 3,900 5,800 Sub -total Expenses 946,262 854,071 950,800 963,800 Reserve for Renewal & Replacement 64,600 67,100 67,100 69,900 Total Operating Expenses and R &R $ 1,010,862 $ 921,171 $ 1,017,900 $ 1,033,700 Non - Operating Disbursements Debt Service Payments $ 156,609 $ 161,938 $ 163,200 $ 163,000 Total Expenses /Non -Op Disbursements $ 1,167,471 $ 1,083,109 $ 1,181,100 $ 1,196,700 2011 ECC rev -exp summary Eagan Community Center Fund 2011 Budget Revenues, Expenses and Other Disbursements Revenues Personal Trainers Equipment Rental Parks /Rec Programming Concessions /Vending /Merchandise Sales Group Sales Daily Admissions Memberships Room & Facility Rentals Contract Revenue Passport Processing ECVB Rent Other Total Revenues Other Financing Sources Antenna Lease Revenues Total Revenues /Other Financing Sources Expenses Personal Services Parts & Supplies Cost of Merchandise Sales Services & Other Charges Capital Outlay Total Operating Expenses Reserve for Renewal & Replacement Total Operating Expenses and R &R 12/1/2010 2008 2009 2010 2011 Actual Actual Budget Budget 30,048 28,902 26,600 29,000 $ 76,169 $ 61,786 $ 59,500 $ 69,000 15,270 14,044 14,900 21,000 11,065 10,210 11,900 14,000 74,689 76,732 57,500 73,600 52,608 51,118 53,200 47,500 85,690 88,040 105,500 108,000 678,754 622,475 690,000 683,900 212,489 244,900 309,100 335,700 106,298 79,381 84,600 84,600 29,575 21,875 30,000 - 11,171 12,320 11,200 11,200 66,784 61,653 6,500 7,500 1,420, 562 1,344,534 1,433,900 1,456,000 228,498 235,706 213,800 216,700 $ 1,649,060 $ 1,580,240 $ 1,647,700 $ 1,672,700 1,001,100 1,000,652 1,011,500 1,046,300 64,423 54,538 59,500 61,100 30,048 28,902 26,600 29,000 382,879 333,464 384,800 355,300 46,110 4,684 7,300 23,000 1,524,560 1,422, 240 1,489, 700 1,514,700 124,500 158,000 158,000 158,000 $ 1,649,060 $ 1,580,240 $ 1,647,700 $ 1,672,700 Debt Service -- voter - approved tax levy $ 1,119,698 $ 1,119,581 $ 1,124,500 $ 1,126,200 4s- * My of Eapn 2011 Proposed Budget Operating Budget Special Revenue Funds — Housing Fund (113) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Housing Fund is to: • Provide financing for future housing - related developments within the City. • The fund was established in 1998 as the consolidation of the Housing Revenue Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund. • The Housing Revenue Bonds Fund accounted for annual fees collected on the principal balance of revenue bonds issued under the City's name. • The HRA Fund accounted for the tax increment financing (TIF) proceeds and expenditures of the Cinnamon Ridge Apartments interest rate reduction program. The TIF district expired in 1997 and a note was issued by Cinnamon Ridge to the City in the amount of the total TIF proceeds. At the end of 1998, the City sold its interest in the note to a third party for $1,200,000, and as a component of this transaction, the proceeds of the closing were loaned to the Aquatic Facility. The Special Revenue Housing Fund is responsible for the following functions: • To account for annual fees collected on the principal balance of revenue bonds issued under the City's name used to finance multi - family housing developments. • To account for the internal loan made to the Aquatic Facility construction fund which is to be repaid over 20 years with the final payment due in October of 2018. PERFORMANCE INDICATORS 2008 2009 2010 2011 Description Actual Actual Budget Budget Number of revenue bonds issued under the City's name to finance multi - family housing developments 8 8 8 8 a7 *City of Eapn 2011 Proposed Budg et Operating Budget Expenditure by Category Special Revenue Funds - Housing Fund (113) HIGHLIGHTS & CHANGES Overview: No significant changes to revenue streams and expenditures are anticipated in 2011. REVENUE & EXPENDITURE DETAIL Expenditures: Monitoring Fee 2008 2009 2010 2011 Contractual Services Actual Actual Budget Budget Fund Balance, Beginning of Year $ 2,566,839 $ 2,866,196 $ 3,094,680 $ 3,322,265 Fund Balance, End of Year Revenues: $ 3,094,680 $ 3,322,265 $ 3,532,290 Housing Bond Fees 75,221 72,513 72,000 72,000 Interest on Investments 132,913 62,570 65,000 45,000 Total Revenues 208,134 135,083 137,000 117,000 Other Financing Sources: Interest on Loan 39,898 37,051 34,785 31,725 Principal on loan 55,000 60,000 60,000 65,000 Total Other Financing Sources 94,898 97,051 94,785 96,725 Total Revenues and Other Financing Sources 303,032 232,134 231,785 213,725 Expenditures: Monitoring Fee 3,375 3,150 3,800 3,200 Contractual Services 300 500 400 500 Total Expenditures 3,675 3,650 4,200 3,700 Fund Balance, End of Year $ 2,866,196 $ 3,094,680 $ 3,322,265 $ 3,532,290 �a My of Evan 2011 Proposed Budget Operating Budget Special Revenue Funds — DWI Forfeiture Fund (115) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue DWI Forfeiture Fund is to: • Account for money received from the court system related to DWI forfeitures. • The money accounted for in this fund is restricted for police operations. • This fund was created in 2006. The Special Revenue DWI Forfeiture Fund is responsible for the following functions: • Accounting for money received from the court system related to DWI forfeitures. • Purchase of new police equipment and police vehicles with DWI forfeiture monies. City of Eagan 2011 Proposed Budget Operating Budget Special Revenue Funds - DWI Forfeiture Fund (115) HIGHLIGHTS & CHANGES Overview: No significant changes in revenues are anticipated; no significant changes in expenditures are planned. REVENUE & EXPENDITURE DETAIL 2008 2009 2010 2011 Actual Actual Budget Budget Fund Balance, Beginning of Year $ 40,440 $ 16,794 $ 20,974 $ 15,074 Revenues: DWI Forfeitures 39,591 35,212 38,000 36,000 Otherrevenues - 530 - - Interest on Investments 724 427 600 200 Total Revenues 40,315 36,169 38,600 36,200 Other Financing Sources: Transfers In - 417 - - Total Other Financing Sources - 417 - - Total Revenues and Other Financing Sources 40,315 36,586 38,600 36,200 Expenditures: Parts and Supplies 47,835 20,522 35,000 25,000 Conference & Training 8,865 2,472 8,000 3,000 Professional Services 7,261 9,061 1,000 8,000 Blood draws for DWI cases - 351 500 500 Mobile Equipment - - - - Total Expenditures 63,961 32,406 44,500 36,500 Fund Balance, End of Year $ 16,794 $ 20,974 $ 15,074 $ 14,774 City of Eagan 2011 Proposed Budget Operating Budget in M Special Revenue Funds — MIF Revolving Loan Fund (118) PURPOSE & DESCRIPTION The purpose of the Minnesota Investment Fund (MIF) Revolving Loan Special Revenue Fund is to: • Create and grow a lending program to Eagan businesses that can create jobs through investment in capital expansion. Currently, only a single loan is in place, but collections on the existing loan will provide additional funds that can be loaned to other businesses to create more jobs. In 2009, the City received the full amount of the initial loan, $350,000, as a grant from the State MIF to make the loan. Under the terms of the City's agreement with the MIF, 80% of the loan payments collected are to be returned to the State, and the remaining 20% are to be retained by the City for the purpose of making additional loans in the future. City of EaPo 2011 pr oposed Budget Operating Bud g et Special Revenue Funds — MIF Revolving Loan Fund (118) Fund Balance, Beginning of Year Revenues: State Grants Biothera loan payments Interest income Total Revenues Expenditures: MIF Repayment to State Loan disbursement to Biothera Total Expenditures Excess of Revenue Over(Under) Expenditures Fund Balance, End of Year HIGHLIGHTS & CHANGES Overview: The loan to Biothera was disbursed in 2009. Activity in the fund for 2011 will consist of receipt of the monthly payments from Biothera and the related payment to the State's Minnesota Investment Fund (MIF) of 80% of receipts. REVENUE & EXPENDITURE DETAIL 2008 2009 2010 2011 Actual Actual Budget Budget $ 5,563 $ 17,063 - 350,000 - - - 5,712 57,400 57,400 - 779 - 100 - 356,491 57,400 57,500 - 19,136 45,900 45,900 331,792 - - 350,928 45,900 45,900 5,563 11,500 $ - $ 5,563 $ 17,063 W 11,600 $ 28,663 ' `My of Eapo 2 011 P rop o se d Budget Operating Budget Special Revenue Funds — Cable TV Franchise Fee Fund (196) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Cable TV Franchise Fee Fund is to: • Account for franchise fees paid to the City from the local cable franchises. • Restricted for communications and cable television activities. The Special Revenue Cable TV Franchise Fee Fund is responsible for the following functions: • The money is used for communications and cable television related activities, primarily the Communications Department budget and the City's share of the funding for Eagan Television. 33 Ilk I City of Evan 2 011 P r oposed Budget Operating Budget Special Revenue Funds - Cable TV Franchise Fee Fund (196) Expenditure by Category 2009 E -TV Opns 2011 Transfer Actual 38% Communic $ 2,432,118 Dept $ 2,579,773 Transfer 51% Capital Equipment 762,326 11% 765,000 Fund Balance, Beginning of Year Revenues: Cable TV Franchise Fees Interest on Investments Sale of City Property Other reimbursements Total Revenues Expenditures: Capital Equipment per CIP BETC /BECT Funding E -TV Startup and Other Costs Professional Services Total Expenditures Other Financing Uses: Transfer to General Fd - Communications Transfer to E -TV Fd - non - PEG - eligible Transfer to Fiber Conduit Ring Fd Total Other Financing Uses HIGHLIGHTS & CHANGES Overview: The fund continues to support the Communications budget in the General Fund and the non - PEG - eligible expenditures of the E -TV Fund. No significant changes in revenues are anticipated. REVENUE & EXPENDITURE DETAIL 2008 2009 2010 2011 Actual Actual Budget Budget $ 2,432,118 $ 2,560,162 $ 2,579,773 $ 2,486,473 757,071 762,326 750,000 765,000 148,351 35,121 51,200 44,000 - 763 - - - 68,998 - - 905,422 867,208 801,200 809,000 32,592 7,354 106,200 100,000 77,625 - - - 201,403 - 300 7,808 - - 311,920 15,162 106,200 100,000 465,458 417,781 448,700 457,700 - 333,887 339,600 339,800 - 80,767 - - 465,458 832,435 788,300 797,500 Total Expenditures and Other Financing Uses 777,378 847,597 894,500 897,500 Fund Balance, End of Year $ 2,560,162 $ 2,579,773 $ 2,486,473 $ 2,397,973 av Agenda Information Memo December 7, 2010 Eagan City Council Meeting F. Approve 2011 Special Revenue Funds Budgets: Housing Fund, DWI Forfeiture Fund, Minnesota Investment Fund (MIF) Revolving Loan Fund, Cable TV Franchise Fees Fund, and E -TV Fund ACTION TO BE CONSIDERED: Approve the 2011 budgets for the following Special Revenue Funds: Housing Fund DWI Forfeiture Fund MIF Revolving Loan Fund Cable TV Franchise Fees Fund E -TV Fund FACTS: • For financial reporting purposes, it is required that the City Council adopt each of these budgets. • The purpose of each fund, the revenue sources, and the expenditure categories are listed for each fund in the attachments. • There are no tax levies related to these funds. ATTACHMENTS: • Housing Fund budget on paglp�age • DWI Forfeiture Fund budget • MIF Revolving Loan Fund budget on pag • Cable TV Franchise Fees Fund budget on p§F�q • E -TV Fund budget on pages throug ,IL City of Baran 2011 Proposed Budget Operating Budget P 9 P g E -TV (197) Responsible Manager: Tom Garrison, Director of Communications PURPOSE & DESCRIPTION Eagan Television (E -TV) creates public, educational, and government cable TV programming through a partnership of volunteers and professional staff. E -TV also provides television production equipment facilities, and channel time to televise locally - produced programming. It is cable programming by the community, for the community. PERFORMANCE INDICATORS 35- 2008 2009 2010 2011 Description Actual Actual Estimate Target Monthly Staff Program Production NA 8 8 10 Monthly Access Show Production NA 8 16 22 New Volunteers NA 89 120 140 Outside Revenue NA $ 13,425 $ 35,500 $ 36,000 Opportunities For Youth 12 -18 NA 26 50 75 35- Cite of Eagan 2011 Proposed Budget Operating Budget E -TV (197) Responsible Manager: Tom Garrison, Director of Communications HIGHLIGHTS & CHANGES Overview: The proposed E -TV Eagan Television budget is up $6,600, for an increase of 1.45% and a non - personnel increase of 4.7 %. This is mainly due to the transfer of the Council Chambers /Eagan Room Repair Budget ($5,000) to the Eagan Television Budget due to the recent court decision on the use of PEG /Franchise fees and the addition of funds ($2,000) in Professional Services for a cable attorney in preparation for franchise renewal. Our year to year same expenses are flat with a non - personnel decrease of -1.1 %. The E -TV budget is funded by non - taxpayer dollars. The sources of funding are franchise fees paid by Comcast and a small fee on local subscriber bills which supports capital equipment for Public, Educational and Governmental (PEG) public access facilities Highlight /Change 1: Due to our partnership with Thomson Reuters and the resources granted in the partnership agreement, we will be able to reduce our printing costs from $2,300 to $1,100. Financial Impact: Reduction of $1,200. Service Level Impact: There will actually be no decrease in what we're able to do with this reduction, but by combining our budget with our partner resources, we will actually see an increase in what we're able to do. Highlight /Change 2: Because of the adaptability of our chosen equipment and recent strides in equipment capabilities, we have been able to reduce our need to rent equipment for a specific production need. It also allows us to use these production capabilities every day, as opposed to the occasional special use, as with a rental. Financial Impact: Reduction of $1,600 Service Level Impact: None. Highlight /Change 3: Professional Services are up due to two factors: first, the addition of funds for a cable attorney in preparation for franchise renewal; second, we have allocated funds for professional talent for voiceovers and on- camera talent to present a more polished presentation in city and E -TV communications. Financial Impact: The increase for the attorney was $2,000 and for the talent, an increase of $3,000 or $250 per month. This increase was offset by reductions in other accounts. Service Level Impact: The voiceover and on- camera talent will allow us to present a more polished presentation of important communications as well as decreasing the time it takes to produce these productions. Highlight /Change 4: Due to the recent court decision on the use of PEG /Franchise fees, the repair budget for the Council Chambers /Eagan Room has been transferred to the E -TV budget. Financial impact: Increase of $5,000 in our repair budget. Service Level Impact: None. up City of EaPH 2011 Proposed Budget Operating Budget p 9 E -TV (197) Responsible Manager: Tom Garrison, Director of Communications EXPENDITURE SUMMARY POSITION INVENTORY Personnel Actual Actual Budget Budget Expenditure 2008 2009 2010 2011 Personal Services $ 329,870 $ 332,000 $ 332,900 Parts and Supplies 29,477 35,600 36,200 Services and Other Charges N/A 38,563 78,100 81,400 Capital Outlay 395,905 8,000 9,800 Total $ 793,815 $ 453,700 $ 460,300 POSITION INVENTORY Personnel 2008 2009 2010 2011 Hours Studio Supervisor 1 1 1 2,080 Client Services Coordinator 1 1 1 2,080 Govt Programming Coordinator N/A 1 1 1 2,080 Field Coordinator /Video Specialist 1 1 1 2,080 Total 4 4 4 8,320 WORK PLAN 1 Supervision of PEG channels for Eagan 2 Provide and maintain public access facilities 3 Provide training for PA facility and equipment 4 Facilitate, organize and executethe playback of all sponsored PAshows 5 Provide coverage of community events 6 Provide coverage of all Eagan government meetings 7 Providevideo production services to City of Eagan departments 8 Provide video production services to revenue generating clients 9 Assist Comcast customers with complaints 10 Providevideo production services to Thomson Reuters in exchangefor rent 37 49111111, My of Eapn 2011 Proposed Budget Operating Budget E -TV (197) Responsible Manager: Tom Garrison, Director of Communications Revenue 4689 PEG fees 4690 City contribution - from Cable Franchise Fees fund 4699 Class fees 4696 Dub /Rental /Paid production 4698 Community programming sponsorship Total Revenues - all sources Less: PEG fees available for future capital expenditures Total Operating Revenues REVENUE SUMMARY 2008 2009 2010 2011 $ 380,545 $ 370,000 $ 380,000 333,887 339,600 339,800 2,610 8,000 6,000 5,890 2,500 15,000 4,925 25,000 15,000 727,857 745,100 755,800 - (291,400) (295,500) $ 727,857 $ 453,700 $ 460,300 CAPITAL PURCHASES Larger capital purchases to be reviewed at a later date with CIP Part II. 0 My of Eapn 2011 Proposed Budget Operating Bud g et E -TV (197) Responsible Manager: Tom Garrison, Director of Communications LINE ITEM DETAIL 3�( 2008 2009 2010 2031 Actual Actual Budget Proposed 6110 SALARIES AND WAGES - REGULAR 240,775 239,200 239,200 6112 OVERTIME - REGULAR 2,444 2,500 2,500 6130 SALARIES AND WAGES - TEMPORARY 11,762 14,000 15,000 6142 PERA - COORDINATED 16,278 17,900 17,900 6144 FICA 18,645 19,600 19,500 6151 HEALTH INSURANCE/VEBA 36,911 37,500 37,500 6152 LIFE 490 6154 DISABILITY- LONG TERM 906 6155 WORKERS COMPENSATION 1,659 1,300 1,300 PERSONAL SERVICES - 329,870 332,000 332,900 6210 OFFICE SUPPLIES 844 1,300 1,000 6212 OFFICE SMALL EQUIPMENT 706 500 500 6215 REFERENCE MATERIALS 296 300 500 6220 OPERATING SUPPLIES - GENERAL 4,622 8,800 9,300 6224 CLOTHING /PERSONAL EQUIPMENT 330 2,500 2,000 6231 MOBILE EQUIPMENT REPAIR - PARTS 5,807 3,000 3,500 6232 SMALL EQUIPMENT REPAIR - PARTS 1,725 4,500 5,000 6233 BUILDING REPAIR - SUPPLIES - - - 6235 FUEL, LUBRICANTS, ADDITIVES 592 1,500 1,300 6270 COMPUTER SOFTWARE 14,555 13,200 13,100 PARTS & SUPPLIES 29,477 35,600 36,200 6310 PROFESSIONAL SERVICES- GENERAL 19,557 1,500 7,000 6346 POSTAGE 48 800 800 6347 TELEPHONE SERVICE & LINE CHARGES - 200 100 6353 PERSONAL AUTO /PARKING 261 1,000 400 6355 CELLULAR TELEPHONE SERVICE 1,771 2,700 2,700 6357 GENERAL ADVERTISING - 2,300 2,100 6359 LEGAL NOTICE PUBLICATION - 300 200 6370 GENERAL PRINTING AND BINDING 565 2,300 1,100 6385 INSURANCE 2,300 7,300 7,400 6405 ELECTRICITY - 12,000 12,000 6425 MOBILEEQUIPMENTREPAIR - LABOR - 2,500 2,500 6426 SMALL EQUIPMENT REPAIR - LABOR 350 4,500 9,500 6427 BUILDING OPERATIONS REPAIR - LABOR 1,538 - - 6457 MACHINERY& EQUIPMENT RENTAL - 2,000 400 6475 MISCELLANEOUS 5,537 5,000 5,200 6476 CONFERENCES AND SCHOOLS 2,671 4,100 3,300 6477 LOCAL MEETING EXPENSES 45 1,000 1,200 6479 DUES AND SUBSCRIPTIONS 3,655 5,300 4,600 6535 OTHER CONTRACTUAL SERVICES - - - 6567 CONTRACTUAL PROGRAMMING /DATA - - - 6569 MAINTENANCE CONTRACTS 265 23,300 20,900 OTHER SERVICES AND CHARGES 38,563 78,100 81,400 6640 MACHINERY /EQUIPMENT 130,421 7,200 9,300 6660 OFFICE FURNISHINGS /EQUIPMENT 249,414 800 500 6680 MOBILE EQUIPMENT 16,070 - - CAPITAL OUTLAY 395,905 8,000 9,800 TOTAL E -TV 793,815 453,700 460,300 1.45% 3�( Agenda Information Memo December 7, 2010 Eagan City Council Meeting G. Approve 2011 Eagan Convention & Visitors Bureau Budget ACTION TO BE CONSIDERED: To approve the 2011 Eagan Convention & Visitors Bureau (ECVB) budget adopted by the ECVB's board. FACTS: Under the agreement between the City and the ECVB, the City must approve the annual budget adopted by the ECVB. The ECVB Board formally adopted its budget on September 30. The City Council reviewed the ECVB's marketing plan and budget at its October 12 workshop and directed it to a future consent agenda for approval. ATTACHMENTS: • A budget summary is on page WN Eagan Convention & Visitors Bureau 2011 Budget 4fi 2008 2009 2010 2011 Actual Actual Budget Budget INCOME Lodging tax $ 833,003 $ 632,410 $ 640,000 $ 675,000 Other 12,529 34,777 28,000 30,000 Utilization of reserves - 50,000 50,000 125,000 Total Income 845,532 717,187 718,000 830,000 EXPENSES Personnel 231,538 258,364 252,000 264,000 Other 133,722 127,427 104,000 105,500 Office 16,345 13,103 7,000 6,500 Marketing 352,677 286,468 333,500 430,500 Travel & Entertainment 23,706 21,454 21,500 23,500 Total Expenses 757,988 706,816 718,000 830,000 Net income $ 87,544 $ 10,371 $ - $ - 4fi Agenda Memo December 7th, 2010 Regular City Council Meeting CONSENT AGENDA: H. APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER PROJECT. ACTION TO BE CONSIDERED: To APPROVE change orders for Fire Safety Center. FACTS: • The Council has previously authorized award of 26 contracts for the construction of the Fire Safety Center project. • We have had to make minor adjustments to the project as it proceeds which has resulted in the changes listed below. • The City continues to purse reimbursement for several of these change orders from our architectural firm due to errors /omissions /changes. • City Staff and Bossardt Staff are recommending the following change orders for an increase of $24,954. Even with these current changes, we have not exceeded the contingency fund. 1. ASI -031R Exhaust bay elevation change $540 2. PR -012R Police Remodel- drywall change $1,823 3. PR -018 Police Station Remodel electric changes $876 4. PR -019R Add paint for guard rails $2,935 5. PR -022 Station Three Remodel changes $2,033 6. PR -024 Add key access card reader $2,256 7. PR -029 Relocate gas pipe $1,251 8. PR -030 Credit for Rainmaker paint not painting overhead doors ($4,600) 9. PR -031 Add wall enclosure for rain pipe $4,442 10. PR -032R Add vinyl coated fence to deck per building code $2,167 11. PR -034 Add clearstory window to office 257 $1,883 12. PR -035 Add missed standpipe system to training tower $1,032 13. PR -037 Revise guard rail on training platform ($0) 14. PR -038 Remove insulation on wing wall ($836) 15. PR -040 Delete sign at parking lot ($1,477) 16. PR -041 Change flooring in room 254 ($93) 17. PR -044 Delete wall mounted sink from room 232 ($272) 18. RCO -040 Delete hardwood mulch and install landscape rock $5,151 19. RCO -048 Relocate 4" rain pipe $662 20. RCO -049 CMU added for generator enclosure $1,589 so, 21. RCO -051 Change wall in mechanical area from cement curb to steel stud wall $106 22. RCO -056 Add 3- 1.5" conduits for radio antenna wires to roof $3,486 ATTACHMENTS: None �f-3 Agenda Memo City Council Meeting December 7, 2010 CONSENT AGENDA: I. Exempt Permit for Eagan High School Boys Lacrosse Booster Club ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Eagan High School Boys Lacrosse Booster Club to hold a raffle on March 14, 2011 at the Eagan High School FACTS: Eagan High School Boys Lacrosse Booster Club 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 recommends approval. ATTACHMENTS: • A copy of the proposed resolution is attached as page. • The application is available for review in the Administration Department. VV RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN HIGH SCHOOL BOYS LACROSSE BOOSTER CLUB WHEREAS, the Eagan High School Boys Lacrosse Booster Club has applied for an Exempt Permit with the Minnesota Gambling Control Board to conduct a raffle; 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 approves the Exempt Permit for Eagan High School Boys Lacrosse Booster Club to conduct a raffle on March 14, 2011 at the Eagan High School, 4185 Braddock Trail. Motion by: Seconded by: Those in Favor: All Those Against: None Date: December 7, 2010 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk CERTIFICATION I, Maria Petersen, 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 this7th day of December, 2010. Maria Petersen, City Clerk LS7 Agenda Information Memo December 7, 2010, Eagan City Council Meeting T. APPROVE RENEWALS OF EXISTING LIQUOR LICENSES FOR 2011 ACTION TO BE CONSIDERED: To approve the renewals of existing liquor licenses for 2011. FACTS: ➢ The breakdown of the liquor license renewals for the year 2011 are anticipated to be as follows: (17) off -sale liquor (30) on -sale liquor (28 restaurants and 2 hotels) (9) on -sale wine and beer (6) on -sale beer (14) off -sale beer (1) brew pub off -sale malt liquor (1) sports /convention facility ➢ The list of those establishments who have submitted a complete renewal package will be distributed on Monday, December 6 in the Additional Information Packet. 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 (0): Agenda Information Memo December 7, 2010, Eagan City Council Meeting K. APPROVE ON -SALE WINE AND 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR ANDIAMO ITALIAN RISTORANTE, INC., DBA ANDIAMO ITALIAN RISTORANTE, 1629 LENA COURT ACTION TO BE CONSIDERED: To approve the On -Sale Wine and 3.2 Percent Malt Liquor (Beer) license for Andiamo Italian Ristorante, Inc., dba Andiamo Italian Ristorante, 1629 Lena Court. FACTS: ➢ Ramon Ruiz, as sole officer of the corporation Andiamo Italian Ristorante, has applied for an On -Sale Wine and 3.2 Percent Malt Liquor (Beer) license with the City of Eagan. ➢ The restaurant will be located at 1629 Lena Court. This tenant space was previously occupied by BIBO Wine Bar & Restaurant. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the licenses. ATTACHMENTS (0): Agenda Memo Regular City Council Meeting December 7, 2010 CONSENT AGENDA: L. Renewal of existing Tobacco Licenses for 2011 ACTION TO BE CONSIDERED: Approve renewal of existing tobacco licenses for 2011. FACTS: The following have submitted tobacco license renewal applications for 2011, paid appropriate fees, met all requirements of the City Code, and are in order for approval: o Amber Liquor, 4250 Lexington Ave. o Big Discount Liquor, 3900 Cedar Grove Parkway o Cedar Cliff BP, 4600 Slater Rd. o Cedar Grove Liquor, 1967 Silver Bell Rd. o CVS Pharmacy, 4241 Johnny Cake Ridge Road o E & M Liquor, 1444 Yankee Doodle Rd. o Eagan Cigars & Tobacco Store, 3450 Pilot Knob Rd. o Eagan BP, Inc., 1424 Yankee Doodle Rd. o G & M Petroleum, 1815 Diffley Road o Holiday Stationstore #68, 1065 Diffley Rd. o Holiday Stationstore #232, 4595 Nicols Rd. o Holiday Stationstore #247, 3615 Pilot Knob Rd. o Holiday Stationstore #318, 3044 Holiday Lane o Holiday Stationstore #401, 1650 Diffley Rd. o Holiday Stationstore #400, 2660 Eagan Woods Dr. o Kwik Trip #662, 3145 Dodd Rd. o Lucky's Station, 3390 Coachman Rd. o MT Liquory of Eagan LLC, 1629 Lena Ct. o New Mart, 1969 Silver Bell Rd. o PDQ Store #214, 4198 Pilot Knob Rd. o Perrier Wines & Liquors, 1960 Cliff Lake Road o Pro Stop Service Centers, Inc., 850 Lone Oak Rd. o Rainbow Foods #8815, 1276 Town Centre Dr. o Sam's Club #4738, 3035 Denmark Ave. o SuperAmerica #4335, 1379 Town Center Dr. o SuperAmerica #4464, 2250 Cliff Rd. o SuperAmerica #4182, 1406 Yankee Doodle Rd. WIN • SuperAmerica #4049, 4200 E. Highway 13 • T.L. Liquors, 1565 Cliff Rd. • Walgreen's #5081, 4220 Lexington Ave. • Walgreen's #2766, 2010 cliff Rd. • Walgreen's #10641, 1278 Town Center Dr. • Wal -Mart Supercenter #1786, 1360 Town Center Dr. • Yocum's Holiday #3831, 1579 Cliff Road • The following businesses currently have 2010 tobacco licenses but have not submitted renewal applications for 2011. It is anticipated that applications will be received prior to December 31, 2010 and will be approved by the Deputy Clerk, as authorized by the City Council, when a completed renewal package is submitted. • Ansari's Mediterranean Grill & Bar, 1960 Rahncliff Ct. • Blackhawk Liquor, 4130 Blackhawk Rd. • Cedar Diffley BP, 4205 Nicols Rd. • Comer's Liquor, 3090 Court House Lane, #200 • Cub Foods, 1940 Cliff Lake Rd. • Cub Foods, 1020 Diffley Rd. • Go- For -It Gas, 4206 Nicols Rd. • Hidalgo Market, 4130 Blackhawk Rd., Ste. 108 • Lone Oak Market, 1286 Lone Oak Rd. ATTACHMENTS: None 1/1 Agenda Memo Regular City Council Meeting December 7, 2010 CONSENT AGENDA: M. Renewal of existing trash hauler licenses for 2011 ACTION TO BE CONSIDERED: Approve renewals of existing trash hauler licenses for 2011. FACTS: • The following have submitted trash hauler license renewal applications for 2010, paid appropriate fees, met all requirements of the City Code, and are in order for approval: HAULER Single Family / Multiple Dwelling Individual Household Service Hauling Commercial / Multiple Dwelling Commingled Service Hauling Construction / Demolition Hauling # of trucks Allied BFI 9 3 2 Alpha Container Services & Recycling 4 Capital Waste Systems 2 Dick's Sanitation Service 11 9 3 Hennin sen Construction Service I JME of Monticello 2 Schill's Dum ster Service 3 I Triangle Services 3 5 9 Veolia Environmental Service 9 2 • The following have submitted applications and paid appropriate fees, however completion of the application is pending receipt of an insurance certificate. HAULER Single Family / Multiple Dwelling Individual Household Service Hauling Commercial / Multiple Dwelling Commingled Service Hauling Construction / Demolition I lauling # of trucks Buckingham Trucking 1 Dan's Container 1 Keith Krupenny & Son Disposal 1 LePage & Sons 9 Lightning Disposal 4 Lloyd's Construction 1 Nitti Sanitation 3 Rand 's Sanitation 5 9 Veit Dis osal Systems 2 Waste Management Services 22 10 9 Total Sanitation 2 �O • The following have 2010 trash hauler licenses and it is anticipated they will submit 2011 renewal applications prior to December 31 and will be approved by the Deputy Clerk, as authorized by the City Council, when a completed renewal package is submitted. HAULER Single Family % Multiple Dwelling Individual Household Service Hauling Commercial / Multiple Dwelling Commingled Service Hauling Construction / Demolition Hauling # of trucks Capital Waste Systems 2 Highland Sanitation & Recycling 1 1 2 Schill's Dum ster Service I Twin City Refuse 3 Waste Technology I ATTACHMENTS: None a1 Agenda Memo Regular City Council Meeting December 7, 2010 CONSENT AGENDA: N. Renewal of existing Tree Contractor Licenses for 2011 ACTION TO BE CONSIDERED: Approve renewal of existing tree contractor licenses for 2011: FACTS: The following have submitted tree contractor license renewal applications for 2011, paid appropriate fees, met all requirements of the City Code, and are in order for approval: • The Davey Tree Expert Company • Bartlett Tree Expert Company • M.C. Contracting, Inc. • Miller Tree Service • Rainbow Tree Company • R.D. & Associates The following have 2010 tree contractor licenses and it is anticipated 2011 renewal applications will be submitted prior to December 31 and will be approved by the Deputy Clerk, as authorized by the City Council, when completed renewal package is submitted. • About Tree Care • Adelmann's Turf & Tree, Inc. • Aspenwall Tree Service, Inc. • B & M Tree Service • Branch and Bough Tree Service • Ciardelli Tree and Landscaping • Collins Tree Care and Removal • Dolphy's Tree Service • Greenwalt Tree Service • Huston's Tree Service • Lawrence Tree and Stump Services, Inc. • Morgan's Tree Service • Natural Contours Tree Care • Northway Tree Service • Outdoor Specialties • Precision Landscape and Tree, Inc. • Roggenbuck Tree Care • S & S Tree and Horticultural Specialists, Inc. • St. Croix Tree Service, Inc. • Strom Tree Service • Tree Techs • Tree Amigos Service and Landscaping • Tree & Stump Company • United Tree Service • Valley Tree Service, Inc. • Wright Tree Service, Inc. • Xtreme Tree Team ATTACHMENTS: None �a Agenda Memo December 7, 2010 Regular City Council Meeting CONSENT AGENDA: O. Renewal of existing kennel and pet shop licenses for 2011 ACTION FOR CONSIDERTION: Approve renewal of existing kennel and pet shop licenses for 2011 FACTS: • The following have submitted completed applications for renewal of a kennel license for 2011: • Peanut's Place, Inc. 1904 Shawnee Road • Lesley Tscherne, 3812 Blackhawk Ridge Place • Wagging Tails, Inc., 3275 Sun Drive • Four Paws Pet Resort, Inc., 4020 Old Sibley Highway • The following has submitted a completed application for renewal of a pet shop license for 2011: o Wet World, 3390 Coachman Road, Ste. #212 • The Animal Control Officer conducted an inspection of the premises of all licensed kennels and pet shops and found the ones listed above to be in conformance with City ordinances. • All fees have been paid and the license renewals are in order for approval. • The following currently has a 2010 kennel license and it is anticipated an application for renewal will be submitted prior to December 31 and will be approved by the Deputy Clerk, as authorized by the City Council, when a completed renewal package is submitted. o Angel's Pet Sanctuary, 4940 Dodd Road • The following currently have 2010 pet shop licenses and it is anticipated applications for renewal will be submitted prior to December 31 and will be approved by the Deputy Clerk, as authorized by the City Council, when a completed renewal package is submitted. • Petsmart, Inc., 1297 Promenade Place • Wal -Mart Stores, Inc., 1360 Town Centre Drive ATTACHMENTS: None. S3 Agenda Memo Regular City Council Meeting December 7, 2010 CONSENT AGENDA: Renewal of Carrier / Homing / Racing Pigeon License for Eric Drenckhahn, 2811 Pilot Knob Road ACTION FOR CONSIDERTION: Approve renewal of Carrier / Homing / Racing Pigeon License for Eric Drenckhahn, 2811 Pilot Knob Road FACTS: • The Animal Control Officer conducted an inspection of the property and found it to be in conformance with City ordinances. • All fees have been paid and the 2011 license renewal is in order for approval. ATTACHMENTS: • None. Application is available for review in the Administration Department. Agenda Information Memo December 7, 2010 Eagan City Council Meeting Q. APPROVE Conduit Space License Agreement with Arvig Enterprises ACTION TO BE CONSIDERED: Approve a conduit space license agreement with Arvig Enterprises for 20 years, subject to all terms and conditions of the agreement. FACTS: • When the City of Eagan led the Highway 149 reconstruction project in 2007, the City Council authorized placement of extra conduit in the right -of -way, because the next opportunity was not expected for 50 years. • Numerous broadband experts have cited the importance of cities having excess fiber and conduit capacity for economic competitiveness. • The City developed lease rates recommended by consultant Elert & Associates and a standard lease agreement in consultation with the City Attorney's office. • Arvig Enterprises has entered into an agreement with the City to lease one conduit for 20 years. The one conduit does not affect the City's own need for conduit or its long -term broadband plans. • This agreement is consistent with the City Council's direction and desire to seek appropriate payback of its investment to put in the conduit. ATTACHMENTS: (None) • Due to the length of the agreement no attachment is made here, but a copy is available in the City Clerk's office for inspection. �L Agenda Information Memo December 7, 2010 Eagan City Council Meeting S. AUTHORIZE SUBMITTAL OF FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION DIRECTION TO BE CONSIDERED: To approve the program budget for inclusion in the City's FY 2011 Community Development Block Grant (CDBG) Application and adopt a Resolution approving the funding application request. FACTS: • The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet Community Development Block Grant (CDBG) Program regulations. • The City of Eagan's CDBG allocation is administered through a subrecipient agreement with the Dakota County CDA. The coordination of the program by the CDA permits various cities within the County to focus on a range of specific eligible activities unique to their situations and the CDA is able to balance the activities countywide to ensure that the overall County allocation meets all HUD eligibility requirements. • The CDBG fiscal year begins July 1. The application deadline for local governments has been set at December 15, 2010. • Although final appropriations to HUD have not been made at this time, the CDA indicates that the City should estimate program funding similar to FY 2010 allocation of $213,200. • Eligible activities under the HUD rules must either remove slum and blight or provide benefits to low and moderate income (LMI) persons and families. The CDA requires that at least 50% of each City's application be designated for LMI uses, which can be either programs or acquisitions. PROPOSED PROGRAM FUNDING: Housing Rehabilitation: • The CDA administers a County -wide housing rehabilitation program to assist income qualified households in making eligible housing upgrades. Funding for this program comes from two sources — a base amount allocated by the CDA and additional funds designated from CDBG allocations of the individual cities. • The CDA has seen a dramatic increase in the demand for Eagan rehab loans over the last two years and the city has shifted a greater portion of CDBG funds to meet this demand. Also, a large portion of unused CDBG dollars originally allocated toward Cedar Grove activities was transferred in 2009 to shore up a negative residential rehab loan balance due to the increase demand. S. o Agenda Information Memo December 7, 2010 Eagan City Council Meeting Page 2 of 2 • City Staff suggests continuing to fund this program for FY 2011 with $70,000. This is a reduction from last year as the CDA has indicated that a smaller amount will be adequate in combination with a current balance of $83,600 to meet demand in the 2011. Public Service Programs: The Parks Department is proposing a similar budget of $35,000 to fund three successful Public Service programs which were funded with CDBG dollars last year. These programs include: an after school and summer program for 6 -9 graders, a K -12 summer and winter break art program at Dakota Woodlands homeless shelter, and a senior outreach health and wellness program. Parks Staff has indicated a very high demand for these services and program costs are increasing substantially. Current CDBG funding allocations cannot fully support these programs but staff is proposing to spend down previous years funding before additional funds are requested. Please see attached Public Service request proposal for more details. Commercial Rehabilitation -Cedar Grove: • The Minnesota/Oak Trust Credit Union was among several properties that were acquired by the EDA in 2008 as part of the Cedar Grove Redevelopment project. The 9,700 sq ft 2- story building was purposely left in place to pursue possible reuse and reconditioning of the existing building. • HUD allows CDBG funds to be used for commercial building rehabilitation to either eliminate a public safety issue or add improvements necessary to meet ADA accessibility requirements. Improvements to the credit union that may meet the HUD requirements include adding an elevator and additional fire suppression system to the first level. • Staff is currently waiting on HUD and CDA interpretation as to the eligibility of the former credit union for this activity. If eligible, staff is proposing that $108,200 of FY 2011 CDBG funds be directed toward both ADA and safety improvements to increase the building's attractiveness to a potential end -user. • If the building is deemed ineligible, the $108,200 would be moved toward the housing rehabilitation fund. • A proposed budget for all requested programs is attached along with previous year funding allocations. ATTACHMENTS: • Draft application budget on page —SIAS • Parks narrative on pages Through_% G-7 c O :r m d� N .r O d O O L O. 3 m 0 r O d 7 m 00 000 O O O d 'o , r— -a I 613 613 613� 3 on c m R W O LA O Oc N O c 00 N r ti c r d� d d3 O O c O N a O T- r 1- — c d� O O O c0 C c V3 d3 d a) U N N 00 0 00 0 O O O 0 O N O N 0O 0000 00 N h N 00 d9 d3 di d3 d� N63 O _ cu 64> d 7 m 00 000 O O O d 'o , r— -a I 613 613 613� 3 on c m R W O LA O Oc N O c 00 N r ti c r d� d d3 O O c O N a O T- r 1- — c d� O O O c0 C c V3 d3 d a) U N N d V N • •� U N c N c .N E E E E 6 O O _ cu _O Q O O O O > _O O a m m E 0 C a>i a m m m ? ?' E m d L U U- 0- L L O O 0 C- U) m L o L (n O V O O 0 N N 00 M M C) I � � 1 N N d3 d3 O O 0 LO U r i N N d3 d3 C O (0 U 0 _0 a O O cB 1 U-J N LO 1 O — D N _ d� d3 c 0 a� .0 N to O a O CL E O L co E rn 1 c 1 _0 J LL 5 2 i +a o 1 O ~ o U H Q City of Eagan — Parks and Recreation 2011Development Block Grant Request The purpose for CDBG funds is to provide a flexible source of annual grant funds for local governments that can be devoted to the activities that best serve their own particular development priorities provided that they 1) benefit low and moderate income persons as outlined by federal standards; 2) prevent or eliminate slums or blight and meet community development needs. With this in mind, Parks and Recreation is proposing the following public services: 1. Public Service Project /Activity: After school for 150 youth 6 -9th grade. Description of the proposed pro iect /activity: CDBG funds will be used to support three (3) eight week sessions of afterschool programs held at Dakota Hills Middle School, located in the City of Eagan. Seventy per cent (70 %) of the student participants will be eligible for the school's free /reduced lunch program based on poverty levels (meeting CDBG Low /Mod Household Income). The programs will be co- developed by the City of Eagan Recreation Supervisor and Independent School District 196's (ISD 196) Dakota Hills Middle School staff and student stakeholders. Coordination will be the sole responsibility of the City of Eagan Recreation Supervisor. Program staffing will be a combination of ISD 196 employees and Eagan Parks and Recreation employees. Specialty instructors will also be included in programs specific to each session focus. The recreation based program will include activities such as sports, games, art, dance, homework help, leadership development, etc. targeting youth who are underserved and /or disenfranchised from school and community. The goal of the program is to interest youth in activities that will improve their connection to school and community in a safe environment. In addition, the youth will be taught by both adult and teens who will serve as appropriate role models encouraging healthy youth development. CDBG funds will provide funding for the following items to support programs for 150 participants. Providing public services for 150 Youth a. $3,300 Staff wages for 24 weeks of afterschool programming b. $3,900 Contractual salaries for 24 weeks of afterschool programming c. $1,200 Admission Fees for 150 participants d. $2,600 Transportation for 150 participants Total Cost of Program: $ 11,000 59 Evaluation and Accountability All program sessions will be evaluated and monitored. Evaluation and monitoring methods will track participant attendance, service quality, goal outcomes and project expenditures. In addition, there will be ongoing measures of program and staff practices to align services with participant needs as a basis for gauging program viability. 2. Public Service Project /Activity: Summer recreation programs at Homeless Shelter for 24 youth K -12 grades. Description of the proposed project /activity Homeless Youth: CDBG funds will be used to support a recreation program for 24 children, three (3) years of age through fifteen. The summer program will be held at Dakota Woodlands homeless shelter in Eagan, Minnesota in July /August of 2012. One hundred per cent of the children participating in the program will be current residents of the homeless shelter (meets CDBG Low /Mod Household Income). The goal of the program is to offer recreational opportunities for children to help develop physical and social skills in a safe environment. Activities of the program will include art, fitness and games. Programs will be led by certified fitness instructors and recreation leaders employed by the City of Eagan. City of Eagan Parks and Recreation staff will be paid with CDBG funds. Providing public service Youth, 24 participants: a. $1000 Staff wages for 6 weeks of the arts /movement program Total Cost of Program $ 1000 Evaluation and Accountability All project activities will be evaluated and monitored. Evaluation and monitoring methods will track participant attendance, service quality, goal outcomes and project expenditures. In addition, there will be ongoing measures of programs and staff practices to align services with participant needs as a basis for gauging program viability. 3. Public Service Project /Activity: 55 +Senior programs in the City of Eagan Municipal Buildings and two off site locations for 1400 participants. Description of the proposed pro ject /activity: The senior population is a presumed benefited population approved by the HUD guidelines for CDBG funds. The continued aging of the baby boomer population will produce an explosion in the number of people ages 55 -69 during the coming decade in Minnesota. Between 2009 and 2035, the populations over 65 will more than double. These projections reflect a significant challenge in meeting the recreational program needs of the rapidly growing "senior" population. The proposed program goal is to help provide opportunities that focus on keeping the senior population active, challenged and independent. M% In addition, the programs will help to meet the needs of working seniors, and outreach to seniors living in multi -unit complexes or senior high rise buildings. These services location will include programs within the City of Eagan Municipal Buildings and two senior housing complexes in the City of Eagan. Currently the senior housing complexes sites include; O'Leary Manor Senior Housing and Gramercy Park Cooperative. These supportive and enriching programs will include activities that focus on health and wellness such as, Strength/Balance/Yoga, Fit for Life, Tai Chi for Health, watercolor painting, nutrition, and personal development classes. Providing public service 1400 Seniors a. $ 29,400 Seasonal staff salaries b. $ 9,500 Building rental Total Cost of the program $38,900 Evaluation and Accountability All project activities will be evaluated and monitored. Evaluation and monitoring methods will track attendance, service quality, goal outcomes and project expenditures. In addition, there will be ongoing measures of programs and staff practices to align services with participant needs as a basis for gauging program viability. Total amount of City of Eagan CDBG Public Service Fund Request: $ 50,900 Agenda Information Memo December 7, 2010 Eagan City Council Meeting U. AUTHORIZE SUBMITTAL OF CDA REDEVELOPMENT INCENTIVE GRANT APPLICATION FOR CEDAR GROVE PROJECT ACTION TO BE CONSIDERED: To adopt a resolution authorizing the submittal of a CDA Redevelopment Incentive Grant (RIG) program application for demolition and improvement activities in the Cedar Grove Redevelopment District. FACTS: • The Dakota County Community Development Agency has allocated $1 million for its 2011 Redevelopment Incentive Grant (RIG) Program round, which was created to assist cities and development entities in the County in meeting their redevelopment goals and to further the goals of the CDA. • The maximum grant award is $250,000 per community, but may be less depending upon the number of qualified applications that are received for the program. Grant applications are accepted through December 15th for award and distribution in the following year. • The CDA has worked with the City in a number of respects relative to the Cedar Grove Redevelopment District and approved $250,000 in RIG funding in both 2009 and 2010 to assist with demolition work on acquired properties and a trail connection to Woodhaven Park. • Staff is prepared to submit a RIG application requesting $250,000 for the 2011 application round with proposed uses as follows: Property Demolition- • If the Appeals Court rules in favor of the EDA relative to the acquisition of the three remaining properties in the Cedar Grove core redevelopment area, resources will be necessary to demolish the buildings, once business relocation is completed (cost estimate and grant request $78,000) Parking Lot Improvement- • Both Jensen's Super Club and the Cedarvale Bowl have historically used surrounding property now acquired by the EDA to accommodate over flow parking during peak use time. City Staff has been working on a solution to construct cross use parking on the former Shell site, while maintain a possible daytime use on the property. • The Dakota County CDA has indicated that use of RIG funds for public parking lot construction is an appropriate use and therefore, staff is proposing a request of RIG funds to assist with the parking construction and subdivide a portion of the lot that could be used at a later date for a private commercial use. (grant request $152,000 ) =.I Utility Assistance - City Staff has identified several possible eligible uses of RIG funds to assist with utility infrastructure movement and public purpose upgrades within the Cedar Grove Area Identified use include assistance with moving private utility lines, upgrades to utility infrastructure within the Cedar Grove Blvd and Rahn Rd upgrades, construction of trail and sidewalk connections, and irrigation within boulevard areas. (Grant request $20,000) • The RIG grant application and the program criteria require adoption of the attached resolution as part of the submittal documents. ATTACHMENTS: • Cedar Grove Core Area and RIG Improvements Map on page • Resolution on page RESOLUTION AUTHORIZING SUBMITTAL OF 2011 CDA RIG APLICATION ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the City of Eagan has identified a proposed project(s) within the City of Eagan that meets the Dakota County Community Development Agency (CDA) Redevelopment Incentive Grant program's purposes and criteria; and WHEREAS, the City of Eagan is engaged in activities to bring about the redevelopment of the Cedar Grove area and the proposed projects are components of that effort; and WHEREAS, the City of Eagan has the capability and capacity to ensure the proposed project be completed and administered within the Redevelopment Incentive Grant program guidelines; and WHEREAS, the City of Eagan has the legal authority to apply for financial assistance; and WHEREAS, the City of Eagan is supportive of affordable housing and of the CDA's mission, to improve the lives of Dakota County residents through affordable housing and community development. NOW THEREFORE BE IT RESOLVED that the City of Eagan approves the application for funding from the Dakota County CDA Redevelopment Incentive Grant program. BE IT FURTHER RESOLVED that upon approval of its application by the Dakota County CDA, Mike Maguire (Mayor) and Tom Hedges (City Administrator) are hereby authorized to execute such agreements as are necessary to receive and use the funding for the proposed project. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor and Tom Hedges, City Administrator, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this 7`" day of December, 2010. Mike Maguire, Mayor Tom Hedges, City Administrator MN Agenda Information Memo December 7, 2010 Eagan City Council Meeting V. APPROVE A REQUEST FOR AMENDMENT TO THE 2010 CDA REDEVELOPMENT INCENTIVE GRANT FUND ALLOCATION ACTION TO BE CONSIDERED: To authorize a Request For Amendment to the 2010 CDA RIG fund allocation for other eligible expenses. FACTS: • The Dakota County Community Development Agency has allocated up to $1.2 million per year for its Redevelopment Incentive Grant (RIG) Program, which was created to assist cities and development entities in the County in meeting their redevelopment goals and to further the goals of the CDA. • In 2010, the CDA awarded $250,000 in total RIG funding to the City of Eagan to assist with demolition work on two acquired properties and a trail connection to Woodhaven Park totaling $97,288.06. Both projects are complete. • The remaining $152,711.94 was allocated toward utility improvements associated with pending apartment development in the first phase of the redevelopment. Due to market conditions, the apartment development will be delayed. • City Staff is requesting that the RIG award be amended to allow the remaining funds to be used for other eligible uses identified in the Cedar Grove Redevelopment District including public improvements such as parking lot construction, trail and sidewalk construction, utility improvements or street reconstruction. ATTACHMENTS: (none) `/ Agenda Information Memo December 7, 2010 Eagan City Council Meeting W. DIRECT ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Direct staff to prepare an ordinance amendment to City Code Chapter 11 relative to the outdoor storage of vehicles in commercial and industrial districts. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City Council approved an amendment authorizing outdoor storage of up to three (3) business related vehicles as accessory to the principal use on October 19, 2010. ➢ In responding to questions relative to the application of the new ordinance, staff realized the amendment, as written, did not provide direction as to where said vehicles should be stored upon a property and, further, the language could be construed to allow up to three vehicles to be stored outdoors for each tenant in a multi- tenant building. ➢ Staff is suggesting the ordinance should be amended to be explicit about the proper location for vehicle storage and to clarify that the "up to three" vehicle allowance is intended as a per lot allotment. ATTACHMENTS: (1) / Ordinance adopted on 10 -19 -10 on page (O� 47 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBDIVISION 22, REGARDING OUTDOOR STORAGE OF VEHICLES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.70, Subdivision 22 (D), to read as follows: D. Exemptions. Notwithstanding any other provisions of this section, the occupant of a property zoned for commercial or industrial uses may store up to three (3) passenger motor vehicles on the property, provided the vehicle(s) is (1) owned or leased by the occupant; (2) the vehicle is regularly used in connection with and as an integral component of the operation of the principle use on the property; and (3) is not larger than the footprint of a standard passenger vehicle parking stall. This exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational camping vehicles, motorcycles or other similar vehicles, semi - tractors, or vehicles for sale. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN By: Maria Lynn Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: City Council By: Mike Maguire Its: Mayor in Agenda Information Memo December 7, 2010 Eagan City Council Meeting X. PROJECT 1021, PARK KNOLL ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1021, (Park Knoll Addition - Street Improvements) and schedule a public hearing to be held on January 4, 2011. FACTS: • On June 1, 2010 the City Council directed staff to prepare a feasibility report considering the rehabilitation of the street within the Park Knoll Addition (Park Knoll Drive) in southeast Eagan. • A structural mill and overlay of Park Knoll Drive is programmed for 2011 in the City of Eagan's 5 -Year CIP (2011- 2015). • 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 4, 2011. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 4 Agenda Information Memo December 7, 2010 Eagan City Council Meeting Y. PROJECT 1039, WILDERNESS PONDS ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1039, (Wilderness Ponds Addition - Street Improvements) and schedule a public hearing to be held on January 4, 2011. FACTS: • On June 1, 2010 the City Council directed staff to prepare a feasibility report considering the rehabilitation of the streets within the Wilderness Ponds Addition (Wilderness Lane and Wilderness Curve) in southeast Eagan. • A structural mill and overlay of these streets is programmed for 2011 in the City of Eagan's 5 -Year CIP (2011- 2015). • 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 4, 2011. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 710 Agenda Information Memo December 7, 2010 Eagan City Council Meeting Z. PROJECT 1040, FAIRWAY HILLS ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1040, (Fairway Hills Addition - Street Improvements) and schedule a public hearing to be held on January 4, 2011. FACTS: • On June 1, 2010 the City Council directed staff to prepare a feasibility report considering the rehabilitation of the streets within the Fairway Hills Addition in south - central Eagan. • A structural mill and overlay of these streets is programmed for 2011 in the City of Eagan's 5 -Year CIP (2011- 2015). • 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 4, 2011. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 71 Agenda Information Memo December 7, 2010 Eagan City Council Meeting AA. PROJECT 1045, GALAXIE/ CLIFF ADDITION (PLAZA DRIVE) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1045, (Galaxie/ Cliff Addition/ Plaza Drive - Street Improvements) and schedule a public hearing to be held on January 4, 2011. FACTS: • On June 1, 2010 the City Council directed staff to prepare a feasibility report considering the rehabilitation of Plaza Drive within the Galaxie/ Cliff Addition in south - central Eagan. • A structural mill and overlay of Plaza Drive is programmed for 2011 in the City of Eagan's 5 -Year CIP (2011- 2015). • 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 4, 2011. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 7a Agenda Information Memo December 7, 2010 Eagan City Council Meeting BB. PROJECT 971, DUCKWOOD DRIVE OVERPASS EASEMENT ACQUISITION ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 971 (Duckwood Drive — Bridge and Street Improvements) with the owner of Parcel No. 10- 87450- 010-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 16, 2010, the City Council amended the Part III 5 -Year Capital Improvement Program (2010 -2014) to incorporate the placement of Contract 09 -18 (Duckwood Drive/ Federal Drive - Bridge/ Street Improvements) in 2011. The improvement includes the construction of the Duckwood Drive Overpass and associated street improvements. • The construction of an overpass for Duckwood Drive requires the acquisition of permanent and temporary easements from a number of impacted properties. • Appraisals have been obtained for all required easements. The estimated value of the easements for the referenced property indicated a value of $10,000 (New Horizon Academy). An offer was accordingly forwarded to the legal representative of the property. The representative has countered the City's offer with a request for $14,000. • By state law, the `condemning agency' is required, when requested by the property owner, to pay an additional $1,500 for each appraised parcel to address the property owner's investigative effort of the land value impact from the agency's acquisition of the easements. • The owner of said parcel also owned an adjacent parcel which was partially acquired by the City for needed right -of -way for said project. The property owner elected to include a southern remnant parcel as part of the property to be acquired by the City, along with the easements, at no additional cost to the City. The City may choose to use or sell this % acre remnant parcel (southeast corner of Federal Dr and Duckwood Dr. overpass. The property owner would have been entitled to a $5,000 appraisal reimbursement fee had the city not acquired that property by direct purchase. • An agreement between the City of Eagan and the owner of Parcel 10- 87450- 010 -01, Lot 1, Block 1, Yankee Plaza, has been prepared providing for the requested acquisition cost ($14,000) for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session due to the pending litigation status of this easement acquisition. ATTACHMENTS: , • Easement Exhibit page 73 r F- 0 n Oct DUCKWOOD DR. wo EASEMENT ACQUISITION C... WgC —p, DUCKWOOD DRIVE OVERPASS CITY OF EAGAN, MINNESOTA Job 015 --74 412212/2010 LEGEND DENOTES PERPETUAL EASEMENT (509 SQ. FT.) DENOTES TEMPORARY EASEMENT (336 SQ. FT.) X 0 25 50 scale In feet Parcel 1 7 Agenda Information Memo December 7, 2010 Eagan City Council Meeting CC. CONTRACT 10 -09, CLIFF ROAD TRUNK WATER MAIN ACTION TO BE CONSIDERED: Approve the final payment for Contract 10 -09 (Cliff Road Trunk Water Main) in the amount of $76,621.12 to Ryan Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract 10 -06 provided for the trunk water main improvements along Cliff Road between Lexington Avenue and Dodd Road, in southern Eagan. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 7S" Agenda Information Memo December 7, 2010 Eagan City Council Meeting DD. CONTRACT 09 -04, FISH LAKE ALUM DOSING & SETTLING BASIN WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 09 -04 (Fish Lake Alum Dosing and Settling Basin — Water Quality Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09 -04 provides for the modification of the Fish Lake alum dosing process located at the Hurley Lake (Pond JP -11) storm sewer lift station, as well as the construction of a settling basin east of Pond JP -47, north of Wescott Rd and east of Denmark Avenue. • On October 5, 2010, the City Council awarded the bid for Contract 09 -04 for these water quality improvements to Stocker Excavating, Inc. • While already dealing with saturated soils throughout the grading of the settling basin, the extremely wet 8+ inches of snow that fell on November 13 -14 prevented the possibility for the contractor to finish grade the settling basin, place the sand and liner, construct the access road and install the fence around the basin. The decision was made to cease construction activity until the 2011 construction season. • Change Order #2 provides for two items: o Hand installed silt fence (erosion control) for winter shutdown. The hand installed silt fence within the limits of the graded settling basing will adequately protect the under drain system installed as part of Change Order #1 from erosion sediment prior to the spring start up. (ADD $2,794.00). o Hand placed straw cover (erosion control) for winter shutdown. Anticipated seeding and mulching could occur as included in the plans and specifications over much of the site as adequate temporary erosion control. However, the grading of the settling basin area without the placement of the liner and access road without the placement of the aggregate surface required temporary erosion control without seeding. The hand placed straw cover will provide the needed erosion control until the construction can be completed next spring. (ADD $1,880.00) • Change Order #2 provides for a total ADD of $4,674.00 (1.88% of original contract). The cost of the additional work will be the responsibility of the City's Water Quality Expansion & Modification Fund. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. 7(o Agenda Information Memo December 7, 2010 Eagan City Council Meeting EE. PROJECT 1047, JOHNNY CAKE RIDGE ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Delay Project 1047, (Johnny Cake Ridge Road — Cliff Road to Apple Valley border - Street Improvements) to the 2012 construction season. FACTS: • On June 1, 2010 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Johnny Cake Ridge Road, from Cliff Road (County Road 32) to the Apple Valley border, in south - central Eagan, as programmed for 2011 in the City of Eagan's 5 -Year CIP (2011- 2015). • On November 16, 2010, the City Council received the feasibility report, and scheduled a public hearing to be held December 21, 2010 to review and discuss the proposed improvements. • Subsequent review of the proposed project by City staff determined that the improvements can be delayed to the 2012 construction season, after completion of the improvements at the Cliff Road (CSAH 32) and Johnny Cake Ridge Road intersection by Dakota County in 2011. • If approved, the affected property owners, Dakota County Parks (Lebanon Hills Regional Park) and City Parks & Recreation (Ridgecliffe Park) will be notified of the postponement. %7 Agenda Information Memo December 7, 2010 Eagan City Council Meeting FF. CHANGE ORDER #1, CONTRACT 10 -10 (SOUTH WATER TREATMENT PLANT) ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 10 -10 (South Water Treatment Plant) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -10 provides for the rehabilitation and upgrade of the South Water Treatment Facility located in the northeast corner of Pilot Knob and Cliff Rd. • This upgrade involves the replacement of all chemical feed /control equipment. While multiple vendors were deemed comparable and acceptable in the specifications, the City staff prefers the equipment specifically provided by Vessco, Inc, similar to all the other control equipment throughout our system. • This Change Order will direct the contract to supply the preferred and specified equipment supplier. The contractor has agreed to do so at no additional cost to the contract (No $ Change). No Agenda Information Memo December 7, 2010 Eagan City Council Meeting GG. CONTRACT 11 -03, DEERWOOD RESERVOIR REPAINTING ACTION TO BE CONSIDERED: Approve the retention of KLM, Inc as the Consulting Engineer, authorize the preparation of Plans and Specs for Contract 11 -03, Deerwood Reservoir (Repainting) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On June 2, 2009, the City Council approved the 5 year Capital Improvement Program - Part III (2010- 2014). Part of that CIP provided for the repainting and rehabilitation of the 4 million gallon Deerwood Reservoir located south of Deerwood Dr. and east of 35E. That CIP programmed the work to occur during 2010. However, workloads and potentially conflicting improvements required this project to be delayed until 2011. In order for the work to be completed in time for the reservoir to be put back in service prior to the high summer use season, it is necessary to begin the design and bid solicitation process early. • In 2008, the City Council had also approved a pool of various professional consulting engineering firms to provide services to the City. Based on past performance of the previously approved consulting firm on past reservoir rehab contracts, staff feels it would be in the City's best interests to retain a different firm outside our pre- approved pool for the next reservoir painting project. KLM, Inc is a well established firm used by many other neighboring communities for similar work. Staff is familiar with this firm, comfortable with its capabilities and has solicited a proposal for services covering this project. The proposal has been reviewed by staff and found to be in order for favorable Council consideration. 7? Agenda Memo December 7, 2010 City Council Meeting HH. ACCEPT a capital grant from the Metropolitan Regional Arts Council for art exhibit supplies and equipment for the Eagan Community Center and the Eagan Municipal Center and authorize the change to the 2010 budget. ACTION TO BE CONSIDERED: Accept a grant of $3,200 from the Metropolitan Regional Arts Council for art exhibit supplies and equipment for the Eagan Community Center and Eagan Municipal Center and authorize the change to the 2010 budget. FACTS: • On September 7, 2010 the City Council took action to apply for a capital grant from the Metropolitan Arts Council (MRAC) for art exhibit supplies and equipment for the Eagan Community Center and the Eagan Municipal Center. • Staff was recently advised that the City of Eagan had been awarded a grant in the amount of $3,200. • The grant will be used to install expansion of a rod and rail hanging system for the Eagan Community Center on the walls between the pre- function space and the atrium. A free standing panel exhibit system along with 2 acrylic display cubes with bases will be incorporated for use at City Hall and other city buildings. • Total project cost is estimated at $4,000 with the total of grant funding at $3,200. • The balance of $800 will be a combination of in -kind and limited cash contribution from the Art House and Parks and Recreation staff. • Project start date is January 2011 and end date is June 2011. • If the Council accepts this grant of $3,200 the appropriate budget adjustments should be made to the appropriate budgets. ISSUES: • None NOW Agenda Memo December 7, 2010 City Council Meeting II. DECLARE a hand operated ice edger at the Eagan Civic Arena as surplus property. ACTION TO BE CONSIDERED: Declare a hand operated corded ice edger at the Eagan Civic Arena as surplus property. FACTS: • The Civic Arena has a hand operated corded electric ice edger that has been in use for over 8 years. It has since been replaced with a battery powered ice edger. • While still usable, the edger requires a ground fault circuit interrupter (GFCI) to be added to it because it has a cord that lays on the ice during use. The cost to add the GFCI is approximately $1,000. • With the ice arena industry moving to battery or electric operated equipment to meet air quality standards that will be mandated in the next few years, there is interest by other arenas to purchase this piece of equipment understanding that they will have to invest some money to make it operational for their facility. • If the ice edger is declared as surplus property it has a re -sale value of approximately $500and could be sold "as is" to an interested buyer. ISSUES: • None A Agenda Memo December 7, 2010 City Council Meeting JJ. APPROVE Change Order #1 to Contract 10 -18, Civic Arena West Training Space. ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 10 -18, Civic Arena West Training Space in the amount of $12,102. FACTS: • The City Council awarded the bid for Contract 10 -18 for the Civic Arena West Training Space to Morcon Construction on September 21 in the amount of $343,969. • The Eagan Hockey Association has partnered with the City of Eagan to pay for the construction of this space over the next several years. • This Change Order reflects two major structural issues that needed to be addressed early in the construction process in order to maintain the integrity of the precast and concrete 2nd floor. It also reflects some minor additions and one deduction. • The changes included in this change order are: o Change the size of the steel tubes to be inserted into the existing pre -cast panels. The openings were different than the plans showed. 4,105.39 o Additional plumbing labor to work around conduits in the floor but not indicated on plans 448.14 o Add angle imbeds for the sleeve anchors to grab in order to better support the weight of the precast floor. 8,471.07 o Eliminate Room 101. If needed this room can be constructed at a later time with in -house staff. (2,402.26) o Door hardware revisions. Plans specified the use of Schlage locksets but building is keyed to Yale. 1,480.19 Total $12,102.53 • This change order brings the total construction cost to $356,071.53 to date. Adding the architectural fees the total project to date is $386,071.53. ISSUES: • None 0 Agenda Information Memo December 7, 2010 Eagan City Council Meeting A. Proposed 2011 Budget and Property Tax Levy ACTIONS TO BE CONSIDERED: 1) To close the public hearing, approve the General Fund budget of $27,687,900, and approve a resolution adopting the final 2011 general levy of $28,247,111 OR Close the public hearing and set the 2011 general levy and General Fund budget approval for consideration at the December 21 City Council meeting. 2) To close the public hearing and approve the 2011 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 notices were mailed by the County to Eagan residents in mid - November. • Chief Financial Officer Pepper is listed as the City contact on the Proposed Property Tax notices, and has received four phone calls asking for further explanation. Only two of the callers expressed displeasure about taxes going up while property value went down. Both were encouraged to attend tonight's public hearing. The other two callers questioned their assessed market value and were referred to the County. • Under the revised Truth -in- Taxation requirements put in place last year, 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 budget was last formally reviewed in September, two small adjustments have been made. The net effect of the adjustments is a reduction in expenditures of $9,600, and a corresponding increase in the contingency account of $9,600. • The budget remains balanced with revenues and expenditures /contingency at $27,687,900. The expenditure budget is 0.49% above the 2010 budget. Including contingency, the budget is 0.55% above the 2010 budget. • The levy of $28,247,111 is about $510,000 under the levy limit established by the State, and represents a 2.8% increase over the 2010 levy. Most of the increase (2.0% of the 2.8 %) is due to levying $541,098 as an allowance for uncollectable taxes. • 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 �-.J 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 reduce the levy for 2011 to zero. 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 2011 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 05 and 9�2 is the proposed 2011 General Fund summary of revenues and ex enditures. • Enclosed on page is a co of the resolution adopting the final 2011 levy. • Enclosed on pages and 89 is the proposed Cedarvale SSD budget. • Enclosed without page number are t e PowerPoint slides to be presented by City Administrator Hedges. Copies of the slide show will be available to the public at the hearing. • Also enclosed without page number is a more in -depth 2011 General Fund Budget and Property Tax Levy handout that will also be available to the public after the PowerPoint presentation is made. 0 Comparative Summary of Revenues General Fund Budget 2070 2011 D Budget Budget I General Property Taxes $ 21,253,600 $ 21,204,600 (49,000) -0.2% Licenses 278,700 277,900 (800) -0.3% Permits 597,600 959,600 362,000 60.6% Intergovernmental Rev 722,400 678,100 (44,300) -6.1% Charges for Services 1,016,100 1,009,600 (6,500) -0.6% Recreation Charges 719,300 622,600 (96,700) -13.4% Fines & Forfeits 372,000 344,500 (27,500) -7.4% Other Revenues 366,300 284,600 (81,700) -22.3% Program Revenues 1,761,500 1,847,100 85,600 4.9% Transfers 449,600 459,300 9,700 2.2% TOTAL GENERAL FUND $ 27,537,100 $ 27,687,900 $ 150,800 0.5% Comparative Summary of Expenditures General Fund 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 $ 143,300 Public Safety Total PUBLIC WORKS 21 Public Works /Engineering 22 Streets & Highways 24 Central Svices. Maint. 18,100 Public Works Total PARKS & RECREATION 30 Recreation 31 Parks 32 Tree Conservation Parks & Rec Total GENL GOVT BLDG MAINT 33 Government Buildings Subtotal 41 Contingency -- undesignated General Fund Total 2010 2011 �- D Budget Budget Amount % $ 141,200 $ 143,300 $ 2,100 1.5% 497,300 506,900 9,600 1.9% 1,265,100 1,283,200 18,100 1.4% 312,900 255,300 (57,600) -18.4% 1,099,300 1,115,500 16,200 1.5% 395,000 407,700 12,700 3.2% 900,500 910,500 10,000 1,1% 904,100 915,800 11,700 1.3% 448,700 457,700 9,000 2.0% 241,800 242,600 800 0.3% 6,205,900 6,238,500 32,600 0.5% 10,978,700 11,101,000 122,300 1.1% 1,697,000 1,726,700 29,700 1.8% 12,675,700 12,827,700 152,000 1.2% 1,226,200 1,175,200 (51,000) -4.2% 1,743,500 1,659,800 (83,700) -4.8% 608,400 611,700 3,300 0.5% 3,578,100 3,446,700 (131,400) -3.7% 1,907,700 1,974,900 67,200 3.5% 2,004,600 1,942,000 (62,600) -3.1% 485,000 484,400 (600) -0.1% 4,397,300 4,401,300 4,000 0.1% 636,600 715,300 78,700 27,493,600 27,629,500 $ 135,900 43,500 58,400 14,900 $ 27,537,100 $ 27,687,900 $ 150,800 • 12.4% 0.49% 34.3% 0.55% RESOLUTION CITY OF EAGAN LEVY OF PAYABLE 2011 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 7, 2010, 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 2011 as follows: General Revenue: General Fund Equipment Revolving Fund Major Street Fund General Facilities Renewal /Replacement Fund Fire Apparatus Market Value Homestead Credit Allowance for Uncollectable Taxes Subtotal General Revenue Debt Service: 2009A Equipment Certificates Community Center /Central Park bonds Subtotal Debt Service Total City -Wide Levy Dated: December 7, 2010 $ 21,204,600 1,031,127 2,582,237 283,042 331,283 1,012,784 541,098 26,986,171 68,717 1,192,223 1,264,208 $ 28,247.111 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, 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 7th day of December, 2010. Maria Petersen, City Clerk • City Of Eapn 2011 Proposed Budget Operating Budget Special Revenue Funds — Cedarvale Special Services District (119) PURPOSE & DESCRIPTION The purpose and description of the Special Revenue Cedarvale Special Services District is to: Account for taxes collected and expenditures made pertaining to the Cedarvale area special services tax district. • The special services tax district was established in 1995. The Special Revenue Cedarvale Special Services District is responsible for the following functions: • To provide signage, sign maintenance, and turf maintenance for the Cedarvale Shopping Center. City of Eapn 2011 Proposed Budget Operating Budget Special Revenue Funds — Cedarvale Special Services District (119) Expenditure by Category HIGHLIGHTS & CHANGES Overview: No levy is proposed for 2011 as fund balance is sufficient to fund budgeted expenditures. It is expected action will be taken in 2011 to terminate this special services district for 2012. REVENUE & EXPENDITURE DETAIL Expenditures: Professional Services 589 - - - Mowing & weed control 4,343 - 1,000 1,000 Electricity 102 27 - - Total Expenditures 5,034 27 1,000 1,000 Excess of Revenue Over(Under) Expenditures (1,691) 2,938 (400) (1,000) Fund Balance, End of Year $ 1,008 $ 3,946 $ 3,546 $ 2,546 NO 2008 2009 2010 2011 Actual Actual Budget Budget Fund Balance, Beginning of Year $ 2,699 $ 1,008 $ 3,946 $ 3,546 Revenues: Special Services District Taxes 3,196 2,965 600 - Interest on Investments 147 - - - Total Revenues 3,343 2,965 600 - Expenditures: Professional Services 589 - - - Mowing & weed control 4,343 - 1,000 1,000 Electricity 102 27 - - Total Expenditures 5,034 27 1,000 1,000 Excess of Revenue Over(Under) Expenditures (1,691) 2,938 (400) (1,000) Fund Balance, End of Year $ 1,008 $ 3,946 $ 3,546 $ 2,546 NO Agenda Information Memo December 7, 2010 Eagan City Council VI. OLD BUSINESS A. CONSIDER REQUEST TO MODIFY COVENANTS — HAWTHORNE RIDGE ACTION TO BE CONSIDERED: To direct the City Attorney to prepare a Modification to the covenant restrictions for the Hawthorne Ridge strip retail center located at 525 Diffley Road. Or To direct no further action on this request and consider Cuqui's the one allowed full- service restaurant in the Hawthorne Ridge Center. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City received a request from Cuqui's Cafe and the property owner of Hawthorne Ridge shopping center, to modify the restrictive covenants to lift the prohibition on the use of cooking exhaust systems and allow preparation of grilled and fried foods. ➢ At the November 4, 2010 meeting, the Council directed that this item be scheduled for discussion at the December 7, 2010 meeting. The Council further directed that written notice be provided to neighboring property owners within 350 feet of the site. Such notices were mailed on November 23, 2010. ➢ The City acquired the property at 525 Diffley Road for storm water ponding purposes. In 2002, the City prepared the site for resale to a private owner for future development and rezoned the property to Neighborhood Business (NB). In consideration of the proximity of the adjacent neighborhood and prior to the sale of the property, the City also adopted restrictive covenants, which prohibit certain uses, including restaurants that are otherwise permitted in the NB zoning district. The covenants were developed in response to neighborhood concerns about the potential for the development at that location of higher intensity uses involving extended hours and outdoor activities, such as gas islands or drive throughs. ➢ The property was sold to Excel Development in 2004 and the strip center opened in 2005. ➢ The City Council has twice modified the covenant restrictions with regard to restaurant uses at the request of either the property owner and business owners: ON o A 2006 amendment created an exception for coffee, ice cream, and sandwich shops, "provided they do not (i) employ the use of cooking exhaust systems that emanate smoke and /or grease of (ii) serve deep fried, grilled, or oven- roasted food items, including, but not limited to, hamburgers, tacos, chicken, or fish." o The 2008 amendment added "Except for one full- service, Class 1 Restaurant, restaurants are prohibited, except coffee, ice cream, and sandwich restaurants shall be permitted provided they do not (i) employ the use of cooking exhaust systems that emanate smoke and /or grease or (ii) serve deep fried, grilled, or oven - roasted items, including but not limited to, hamburgers, tacos, chicken, or fish." ➢ The Council discussion and action on November 6, 2008 was to approve one full - service restaurant. In the drafting of the amendment to the covenant to implement the action, a reference to "Class I" was added to differentiate the approval from a Class II restaurant, which under the City Code, would have included the types of activities that were specifically excluded in the original covenants. ➢ The City Code defines Restaurant as follows: o Restaurant, class I means eating establishments where food and /or beverages are ordered, served, and consumed by customers seated at a counter or table on the premises. Class I restaurants may include eating establishments where food and /or beverages are selected by a customer while going through a serving line and taken to a table for consumption. o Restaurant, class II means fast food, drive -in, cafeteria, and carryout or delivery type restaurants. Class II restaurants include establishments that sell prepared and pre - prepared food and /or beverages directly to customers, without table service, for consumption on or off - premises. Class II restaurants may include drive -up order, pick -up or delivery services. ➢ Upon review of the background and the video of the 2008 Council meeting, it appears that the intent was to permit one full service sit down restaurant that may employ a cooking exhaust system and serve deep fried, grilled or oven roasted items, but retaining the restrictions for any other coffee, ice cream or sandwich restaurants that may be located there. ➢ Cuqui's Cafe is a cafeteria -style restaurant that, to staff's knowledge, does not provide table service. The property owner and City staff's original interpretation of this request was that the proposed change in operations would move Cuqui's Cafe into the category of coffee and sandwich restaurant which utilizes a cooking exhaust system, something not pennitted by the 2008 amendment. ➢ Upon further review in preparation for presenting the matter to the Council, it was recognized that this proposal also could fall under the part of the Class I restaurant definition for establishments at which "food and /or beverages are selected by a customer while going through a serving line and taken to a table for consumption." As a RI consequence, staff is seeking clarification as to whether the Council would view the proposed addition of fried, grilled or oven roasted cooking methods by this restaurant (which by the Building and Fire Code would require a cooking exhaust system) as a use conforming to the 2008 amendment. ➢ The restaurant owner submitted a letter and 8 -page petition supporting the request to allow preparation of grilled and fried food. The property owner, Jerzy Szoka of Excel Development, supports the business owner's request on this matter. ATTACHMENTS: (3) Location Map on page Letter and petition on pages through %. November 11, 2008 minutes o the Board of Adjustments and Appeals on pages th rm Location Map Project Name: Hawthorne Ridge - Cuqui's Cafe Request: Modify Covenants city of EaQau 93 Feet 0 500 1,000 2,000 Legend ,.NI. 1611i City Boundary Parcels \ Parks Buildings N fi �:u ucs C0 October 12, 2010 Ms. Pamela Dudziak City of Eagan Planning Department 3830 Pilot Knob Rd. Eagan, MN 55122 Re: Ventilation Restriction Dear Ms. Dudziak: RECEIVED OCT 13 2010 We are the owners of Cuqui's Cafe located at 525 Diffley Rd. 2080 (corner of Hwy, 3), in the Hawthorne Ridge Mall, of Eagan, MN. Cuqui's Cafe opened on January 11, 2010. It is a sit -down type of restaurant where coffee, smoothies, soft drinks, sandwiches, and pastries are sold. For the past nine months Cuqui's Cafe has been offering nearby communities and businesses a limited menu due to a ventilation restriction. This restriction does not allow us to cook food, which limits our ability to offer more choices to the customers and, thus, our capability to grow the business. On numerous occasions we have tried different offerings within our limitation, but with little positive result. We would very much like to remain a business in Eagan, but we find it very difficult to improve business with the current limitation. I have been working the business for 60 -hours a week and have not been able to take a draw for my labor. We were not aware that Eagan has this type of restriction and, therefore, request from the City that this petition be put on the agenda for consideration. It would make a tremendous difference if the ventilation restriction could be removed so that Cuqui's Cafe can offer a larger menu to their customers and surrounding businesses. The menu would include Caribbean food that would be cooked on a grill or fryer, which would allow us to prepare the food more rapidly 4�L and increase the items on the menu and, thereby, the number of customers dining at our facility. Enclosed are the signatures of several of Cuqui's Cafe's customers interested in supporting this request. Enclosures Very truly yours, Robert Sommers A u mmers Owner ( (,Sr) j&3 - v � -7 (•' i� PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL!!!! We the undersigned would like to have the business ventilation restriction removed from the property of Hawthorne Ridge Mall located at the corner of Hwy 3 and Diffley Road in Eagan Minnesota. The removal of this restriction will allow a restaurant or similar type of food establishment which needs ventilation to run their business to be developed on the Hawthorne Ridge Mall premises. This type of establishment is needed to increase the business climate in the area and give the surrounding communities another option for cuisine that they so desire. # Name Address Phone Email 1 d'r`lc"1 Iel "V 55q ti �5(� - sus aka gal, 3 } 4 5 6 , 9 ":.� r' 0 t k 10 \ 11 ., 1^ES +� _ �i1 �J� '�5� -�.�_SS � l 15 6 14 23`5 It 17 18 0( �,1 °` "� sqe c e, 19 611 / j m stir ov ,�D w >MYN-51` ,� . Y11C 4 j—, L"( t�--- PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALLM! 67 y" tAA 21 % �L • V " / ) r/lli/Vv �% ,/� S� S�� �S 1 ��J�� - M <-r' C' � 4� Y[s� 22 • JI v� ben,Ielc r 7 0 -�l s� 23 Ll Dim � - �- no 24 25 ' 26 r 2 �4-ev e � 4s,5, 4, - nC' 28 vi-- (a-��b -� 29 C�d�� 30 31 32 Ire L 33 771 .� V� P 6S /' 36 37 38 � ' � ..�GV1sL./ �� � ` U ( -� � ,�c, �� T ' � �� l � I <� � �f >>j� p-r.�.✓r �'���:i`��L%�t.�j 39 �vCt` (gam -- Zb - - 40 41 F GCI. ' 'v (712 43 j2,3� ,v;�rr �G1�' S!� 67 y" PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL!!!! VA a - 7Y7- .3rs-,( (01.3 /6 i7Z1/ 47 48 49�� lc,.� lv S /--� VA a - 7Y7- .3rs-,( (01.3 /6 i7Z1/ PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL! ! ! ! We the undersigned would like to have the business ventilation restriction removed from the property of Hawthorne Ridge Mall located at the comer of Hwy 3 and Diffley Road in Eagan Minnesota. The removal of this restriction will allow a restaurant or similar type of food establishment which needs ventilation to run their business to be developed on the Hawthorne Ridge Mall premises. This type of establishment is needed to increase the business climate in the area and give the surrounding communities another option for cuisine that they so desire. # Name Address Phone Email 1 2 namor 3 '� U5 I- - (10,-- 4 5 i 5 S ����� �c�s;x VV 0�024)1 61 s 4 L) ? J`f 2 A, (4•J4 J Oink her 6&tl5 -k— bY�if�J vZ 12 I h'1�C q2 S6 Al r�olajur� (l5 / -G� 3Dq� 13 14 15 16 17 18 19 --2-O— I Do �(00, V, -Z�--- r, ct . (Ld PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORN E RIDGE MALL! ! !! We the undersigned would like to have the business ventilation restriction removed from the property of Hawthorne Ridge Mall located at the corner of Hwy 3 and Diffley Road in Eagan Minnesota. The removal of this restriction will allow a restaurant or similar type of food establishment which needs ventilation to run their business to be developed on the Hawthorne Ridge Mall premises. This type of establishment is needed to increase the business climate in the area and give the surrounding communities another option for cuisine that they so desire. # Name Address Phone Email Pei _T i 6-7�1 2'3',•- YC1v� F S Cn% F-nv.,Ij1S + MN Sj12 3U /I St rr,clrc t`o� 2 /? l �K SIGc�; +v�� z Yo S /�t� 3 ���� -� 11iZ Gr��JLL S 6 tl) ?z0 Pi�M� b l� iR, �1 Z ZIC> C)q 7 i- 3 �� ci z 11� i 4> i + V) CA sce4-k ^ 8 C 5 Y -C) � ° cam �Y y� IQ s 4 Z 61. 14-- ,t,/ tiUI _S • , ou 11 --j,&� 644AI, c� � ► - 3�� � i l r✓ G �— l !fe 14 C� �� cakAvW.'n(2d•' tol rn ►J -+ 15 C,c -tom. Q ���, �►„ r�a�� �� O�a(� � !� �h��laeal7 ►���� 17 18 410 l 3 TJg 19 "aj -J r<v S w���n� 1" �� .�;� L)t�8 43q L4- �Y cv�tU( -cam 20 zc, -I-r 51 S 1 c I� PLEASE HELP OUR BUSINESSES TO SUCCEED IN HAWTHORNE RIDGE MALL!!!! We the undersigned would like to have the business ventilation restriction removed from the property of Hawthorne Ridge Mall located at the corner of Hwy 3 and Diffley Road in Eagan Minnesota. The removal of this restriction will allow a restaurant or similar type of food establishment which needs ventilation to run their business to be developed on the Hawthorne Ridge Mall premises. This type of establishment is needed to increase the business climate in the area and give the surrounding communities another option for cuisine that they so desire. # Name Address Phone Email 3 f 0rine.rnCknx .s 4 710 5 6 ' ,Yl /`V Ll I LI v01 u g _ bl Z Z52 'Ifl6 11 C G10� 12 ST �dcfL 6S 1 -a q 7-� q 13 EF yirc PC �'-- -►� � � v�S�� 14 3&"4 15 C��r, s� 2usean4 (�51-y�� -�85z� C(•,� �s �C� a0 ins 16 17 18 CIA riS A, (G V"I(G `- la/ rr\A4 I . ct, m City Council Minutes November 6, 2008 Page 1 BOARD OF ADJUSTMENTS AND APPEALS HAWTHORNE RIDGE — EXCEL DEVELOPMENT, LLC City Administrator Hedges introduced this item regarding an appeal by the owner of the Hawthorne Ridge commercial development for the Council to reconsider their July 1, 2008 decision to deny a request for modifications to the restrictive covenants filed against the development to permit a restaurant. City Planner Ridley presented background information. Jasper Berg, representing Excel Development discussed the request for modifications to the restrictive covenants and provided additional background information. Six citizens expressed their support for a restaurant at the Hawthorne Ridge commercial location. The Board held a discussion which included concern for the original commitment made to residents that had voiced their concern over the commercial development. Member Hunter moved, Member Maguire seconded a motion to approve a modification to the covenant restrictions to allow one full- service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Road. Aye: 4 Nay: 1 (Fields opposed) The regular meeting of the City Council was reconvened at 8:00 p.m. /O Agenda Information Memo December 7, 2010, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT — LEEANN CHIN (LEEANN CHIN, INC.) ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for denial) a Planned Development Amendment to add drive - through service to the existing Class II restaurant at located at 2071 Cliff Road, legally described Lot 2, Block 1, Park Center 4`h Addition. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The property is zoned PD, Planned Development and contains an existing Class II restaurant built in 1994. ➢ The adjacent property to the west is developed with a Blockbuster video rental store. The two lots share a common access and drive aisle between them; each lot also has a separate access to Park Center Drive. ➢ The proposed PD Amendment would create a drive - through service lane on the west side of the Leeann Chin building and the construction of a 4' x 12' addition for the service window ➢ Two -way traffic will be maintained between the two buildings. ➢ New pedestrian connections will be constructed and identified, and additional landscaping will be added to define and buffer the proposed drive - through use. ➢ Although the proposal results in a net loss of green space, added impervious is minimized by locating the drive - through approach in the location of existing parking stalls. ➢ One recommended condition requires the median to be widened to 5' and landscaped, which should offset the loss of green space. ➢ The APC held a public hearing on November 23, 2010 and recommended approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: December 18, 2010 ATTACHMENTS (3):I Location Map, page O November 23, 2010, APC minutes, pages through Planning Report, pages /07 through I /0_5 Location Map Project Name: Leann Chin Request: Planned Development Amendment Case Nos.: 10- PA- 10 -10 -10 "IP' Cily of Evan I I I Feet 500 1,000 2,000 Legend ,rA,In gmlla City Boundary Parcels \ Parks Buildings N Advisory Planning Commission November 23, 2010 Page 2 of 6 IV. PUBLIC HEARINGS A. Leann Chin Applicant Name: Chin, Inc. Location: 2071 Cliff Road; Lot 2, Block 1, Park Center 4th Addition Application: Planned Development Amendment A Planned Development Amendment to allow drive through service. File Number: 30- PA- 10 -10 -10 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated November 17, 2010. She noted the background and history. It was indicated during a discussion on sidewalks that the pavement would be striped to visually indicate connection between Leann Chin and Blockbuster. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Dugan stated he will abstain from voting on this item. Member Supina stated that widening the median would likely correct the green space deviation. Member Piper stated pedestrian connections are a legitimate reason to deviate from the green space requirement. Member Heaney moved, Member Supina seconded a motion to recommend approval of a Planned Development Amendment to add drive - through service to the existing Class II restaurant at located at 2071 Cliff Road, legally described Lot 2, Block 1, Park Center 4th Addition, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment. 3. Menu board and directional signage shall be installed according to the submitted sign plans, and only the numbers and size specified shall be allowed. 4. A new pedestrian connection shall be made between the site and the existing trail along Cliff Road as shown on the Site Plan. The owner is responsible for obtaining any necessary permits from Dakota County prior to commencing this work. 5. Two -way traffic shall be maintained between the two buildings. l os" Advisory Planning Commission November 23, 2010 Page 3 of 6 6. The median separating the drive - through lane from the shared drive aisle between the two buildings shall be widened to a 5' median and landscaping installed within the median. All voted in favor. Motion carried 7 -0. Member Dugan abstained from voting on this item. E M PLANNING REPORT CITY OF EAGAN REPORT DATE: November 17, 2010 APPLICANT: Leeann Chin, Inc. PROPERTY OWNER: Leeann Chin, Inc. CASE: 30- PA- 10 -10 -10 HEARING DATE: November 28, 2010 APPLICATION DATE: October 19, 2010 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 2071 Cliff Road COMPREHENSIVE PLAN: SA /RC, Special Area (Cliff Road Commons)/Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Leeann Chin, Inc. is requesting approval of a Planned Development Amendment to add drive - through service to the existing Class Il restaurant'at located at 2071 Cliff Road, legally described Lot 2, Block 1, Park Center 4`h Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 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 boundaries of any district or changing the regulations of any district may only be made by an affinnative vote of two - thirds of all members of the council. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND /HISTORY The building was constricted in 1994 as a Class I1 restaurant without drive - through service. Boston Market operated the restaurant in this location until a few years ago, when Leeann Chin acquired the property. Leeann Chin has continued to operate a fast food restaurant without drive - through service on the site. 167 Planning Report — Leeann Chin November 28, 2010 EXISTING CONDITIONS The site is developed with a 3,000 s.f. Class II restaurant. The adjacent property to the west is developed with a Blockbuster video rental store, and the two lots share a common access and drive aisle between them. Leeann Chin also has a driveway access to Park Center Drive at the southeast corner of the lot. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — Leeann Chin is proposing to add a drive - through window on the west side of the building. The drive - through facility will include a 12' x 4' building addition, construction of a drive lane adjacent to the building, and installation of a menu board. Additional landscaping is proposed, and a new sidewalk connection to the trail on Cliff Road. Compatibility with Surrounding Area — This area is on the edge of one of the City's major commercial nodes but in the middle of the Cliff Road Commons Special Area. While the site was not originally designed or intended to accommodate a drive - through, the use is not inconsistent with surrounding development. The surrounding area includes at least two other Class II restaurants with drive - through service. Carefiil site design is important to ensuring compatibility with the adjacent senior housing ( Oakwoods) to the north. Public Benefit — The applicant's narrative identifies that the public benefits "through an increase of service, ease and convenience to customers and city residents." Also, Leeann Chin will maintain "a known presence along a major thoroughfare within Eagan with minimal disruption to the site, traffic flow and city services." lOR Existing Use Zoning Land Use Designation North Oakwoods (Senior PD, Planned Development SA /HD, Special Area/High Housing) Density residential South Multi- tenant retail; PD, Planned Development; SA /Mixed; SA/RC, Special MN Driver's LB, Limited Business Area/Retail Commercial Training. East Regal Cinema PD, Planned Development SA /RC, Special Area/Retail Commercial West Blockbuster PD, Planned Development SA/RC, Special Area/Retail Commercial EVALUATION OF REQUEST Description of Proposal — Leeann Chin is proposing to add a drive - through window on the west side of the building. The drive - through facility will include a 12' x 4' building addition, construction of a drive lane adjacent to the building, and installation of a menu board. Additional landscaping is proposed, and a new sidewalk connection to the trail on Cliff Road. Compatibility with Surrounding Area — This area is on the edge of one of the City's major commercial nodes but in the middle of the Cliff Road Commons Special Area. While the site was not originally designed or intended to accommodate a drive - through, the use is not inconsistent with surrounding development. The surrounding area includes at least two other Class II restaurants with drive - through service. Carefiil site design is important to ensuring compatibility with the adjacent senior housing ( Oakwoods) to the north. Public Benefit — The applicant's narrative identifies that the public benefits "through an increase of service, ease and convenience to customers and city residents." Also, Leeann Chin will maintain "a known presence along a major thoroughfare within Eagan with minimal disruption to the site, traffic flow and city services." lOR Planning Report — Leeann Chin November 28, 2010 Pai4e 3 Bulk Standards — Setbacks — A 12'x 4' building addition is proposed to bring the building to the edge of the proposed drive -up lane. This addition extends 4' closer to the side property line with a structure setback of 29.75'. This exceeds the typical side yard setback in commercial retail zoning districts which is 10' (LB, NB and CSC). Building Coverage — The building coverage will be increased by 48 sq. ft., resulting in a building coverage ratio of 8.17 %. This is well below the typical commercial coverage maximum of 20% (LB and NB) or 30% (CSC). Green Space — Green space minimums were not required at the time of initial development. Under current zoning requirements, the typical minimum green space for commercial zoning districts is 30% (LB, NB, and CSC). Presently the site provides 30.84% green space. Some effort has been made to minimize the impact to green space by reducing the number of parking stalls and locating the drive - through approach over an area that is already paved. The proposed drive - through will result in a net loss of 607 sq. ft., leaving 29.27% of the site in green space. The acceptability of this deviation is a policy matter to be detennined by City officials. Building Elevations/Architecture —The building addition is proposed to be finished with face brick to match the existing building. One new light fixture is proposed on the west side of the building above the drive- through service window. This will illuminate the service area and drive aisle between the two buildings. The wall pack should be shielded to prevent the source of light from being visible from off the site. Landscaping — Ten new evergreen shrubs (Grey Own Juniper) are proposed along the north side of the drive- through approach, and two new Black Hills Spruce trees are proposed along with north side of the property between Park Center Drive and the parking lot. Two Grey Owl Junipers are proposed at the southwest corner of the building. The Grey Owl Juniper is a spreading shrub (24 "h x 4'w), and will serve to define and separate the drive- through area from the parking lot. The two Spruce trees will provide additional buffer to the Oakwoods senior housing and fill in between existing shade trees. It appears that the width of the shared drive aisle could be reduced up to 3' while maintaining a 24' width to accommodate two -way traffic. The median separating the drive - through lane from the shared drive aisle between the buildings should be widened to a 5' landscaped median rather than the proposed 2' concrete median. Landscaping the median would further separate the drive - through from other traffic, and provide an aesthetic improvement, and reduce the net loss to green space. Si na e — New directional signage is proposed at the drive- through entrance. "Do not enter" signs are proposed at the median break at the curve in the drive - through approach. A menu board is proposed just north of the trash enclosure. The sign cabinet is 57" in height by 101" wide, and 40 square feet in area. The total structure height is 7.3'. The City's Sign Code does not contain lob Planning Report — Leeann Chin November 28, 2010 Paae 4 standards specific to menu boards. The sign package proposed with this drive - through appears to be acceptable. Menu board and directional signage should be installed according to the submitted sign plans, and only the numbers and size specified should be allowed. The menu board includes a speaker for ordering. The menu board is oriented to face west toward Blockbuster rather than north, minimizing the projection of noise toward the Oakwoods apartments. Mechanical Equipment — No changes to the existing mechanical equipment is proposed. The building addition is minor and impacts only part of one elevation. Thus, the proposal does not require implementation of mechanical screening measures for existing equipment. There is a transformer located on the north side of the building which is partially screened by existing landscaping. Proposed additional landscaping will serve to further screen that equipment. Grading/Stonn Drainage — Minimal grading is necessary to accommodate the proposed drive - thru. The existing storm drainage system is designed to accommodate additional storm water runoff from the slight increase in impervious surface. Wetlands — There are no wetlands on the site. Access /Street Design — The applicant's narrative indicates their "intent is to direct incoming traffic for the drive -thru to our east driveway off of Park Center" Drive and "discourage drive - thru use of the north driveway that runs between Leeann Chin and Blockbuster." Traffic may exit the development "either through the Leeann Chin or Blockbuster parking field along Cliff Road." A 2' curbed island separates the drive- through lane from the existing drive aisle between the two buildings. This maintains all drive - through circulation within the Leeann Chin site, and maintains existing two -way traffic between the buildings. Vehicles can "escape" the drive - through through a break in the median at the north end before rounding the corner to approach the service window. Another break in the median is provided to permit trick access to the trash enclosure. The narrative indicates that the conflict between the drive - through lane and access to the trash enclosure will be managed by scheduling trash pick- ups for before business hours. Easements /Rights of Way/ Pen-nits — In keeping with the principles in the Cliff Road Commons Special Area Plan which encourage pedestrian connections, the site plan shows a new pedestrian connection to the trail along the north side of Cliff Road. The sidewalk construction will occur partially within the Cliff Road right -of -way. The owner is responsible for obtaining any necessary pen-nits from Dakota County for this work. The pedestrian path also will be striped across the front parking area to the front door. A pedestrian connection between the subject site and the adjacent Blockbuster lot is also maintained and identified with striping across the drive - through lane and shared drive aisle between the two buildings. Tree Preservation — The proposal results in no loss of existing trees. Two new trees are proposed on the north side of the site. 116 Plamzing Report — Leeann Chin November 28, 2010 Page 5 SUMMARY /CONCLUSION The proposed drive - through use appears compatible with the site and surrounding uses. Site circulation will be accommodated entirely within the subject site. Two -way traffic will be maintained between the two buildings. Directional signage will help customers navigate the site and minimize conflicts. New pedestrian connections will be constructed and identified, and additional landscaping will be added to define and buffer the proposed drive - through use. The proposal results in a net loss of green space, but minimizes added impervious coverage by locating the drive - through approach in the location of existing parking stalls. The median separating the drive - through lane from the shared drive aisle between the buildings should be widened to a 5' landscaped median to further define the drive- through lane and reduce the net loss of green space. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to add drive - through service to the existing Class II restaurant at located at 2071 Cliff Road, legally described Lot 2, Block 1, Park Center O' Addition. If approved the following conditions shall apply: An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment. 3. Menu board and directional signage shall be installed according to the submitted sign plans, and only the numbers and size specified shall be allowed. 4. A new pedestrian connection shall be made between the site and the existing trail along Cliff Road as shown on the Site Plan. The owner is responsible for obtaining any necessary pen-nits from Dakota County prior to commencing this work. 5. Two -way traffic shall be maintained between the two buildings. 6. The median separating the drive- through lane from the shared drive aisle between the two buildings shall be widened to a 5' median and landscaping installed within the median. 111 w a of Ld Q r O z LLI x Park I MOL r Acres Park Location Map Rahn Athletic Park Rahn Park �T- rrrrri� Project Name: Leann Chin Request: Planned Development Amendment Case Nos.: 10- PA- 10 -10 -10 City of Eap t1� FA I i o� .ems • � - - r II IIl1 • 1111 � I/ w C s Feet 0 500 1,000 2,000 Legend JMMIS City Boundary Parcels Parks Buildings N Current Zoning and Comprehensive Guide Plan Leann Chin Land Use Map Planned Development Amendment ■o%■■■■�s ■ ■ONE ■ ■ ■■■■■■■■ 1�■�i■■■■� ■■■■■■■■■■ i�■�i■■■■� loll! mill S ■■■■.3>��� , ��7111111 ♦j�1 � _ �''S� � � r i mins �: �� v . IME ■�/� ■ ■■ ■iii■■■■■ ■■■■■■■■■■ i�■�i■■■■� loll! mill S ■■■■.3>��� , ��7111111 ♦j�1 � _ �''S� � � r i mins �: �� RRO owl 00 1 J 711' iFIRa i to iii "i i�a� rDff +fti,!?wPhe+![,` t 9i RRO owl 00 1 J 711' CERTIFICATE OF SURVEY -tar- WCL Associates, Inc. LEGAL DESCRIPTION: Lot 2, Block 1, PARK CENTER FOURTH ADDITION, Dakota County, Minnesota. Property Address: 2071 Cliff Road, Eagan, MN -- - - - - - - - - - - - - - - - - - - , I I I I z y O00 I I PARK CENTER DRNE I O O 00 I 41 q ti5 ti - - - rt n • ' 89 °58'38 'E 140.00 „ / te a rt. • EY --- --- -------- - - ---1 I v IV 07 Lill I I I p I WI' r I R � •'• re. � N iIle •e+' N fix'. d n 'I fYrsnxc Bu,%wxc� � � d w �' I Tr V ie,. cn j ° S8A °5q'38 "W .� 5.00;' „. . ..mp per• -__— - -- .P' CLIFF ROAD (C.S.A.N. NO. 32) 0o a iuow NOTE: NO UNDERGROUND I LTILITIES LOCATED. (It\ BENCHMARK .T GRAPHIC SCALE ep LEGEND NORTH cE,wrES �pcn ucmu�T Ewno NOTES Dfxows sa OExD<ES S�FET lift DFNOi<$ NTDp.xT � DENOTES EYIS1nC fi,EV ♦�G,. OENOT£S CMOr[2 `JC DEnOTES ipziG{UPV v ♦lw< DfND1E5 G {5 uEiEp /90% a OCN01E5 U11Lr'V BOY S �OiES 5{NiTMr SEBEP uu.xOlE aneY pe9'•�r<E LmJ 5 CEn0iE5 Sigiu SE,Fp u {nnOl: tn. r... 01 tn. sr....I u,��..ala. DE 11 C.TDx 1.{91 DExpTES -- C>t�C P. Vb(41TCUS ome, al nm, xem peq. n.. {. a EXISTING CONDITIONS ACRE LAND SURVEYING., ]EJ-L9-�i7 acrNSntle pmel o - L R \ \ < / ) - \ §§ §` \ \ z § � § / \ % ( 3 ` §\ 2 \ a z # v 0 ¥ (\ q - \ \ \ § ) , § ( \ - ( eE a § � ) § _ � ) # - \ ¥% ƒk § k \ ) d ) § - / \ D f ,ƒ ( § _ § j § } �k } ® \ d \ \ § \ \ § w \ _ �5 )} 7 2 ! , e 0 ` m ` W . ) � _� k } § / 22 j / \ ) ) k } (g ) 00 . § J 06 �/ / } §_ § § � \ �\ / \ z § \ k �k § § \ k� § b § k: \ \ Q /\ ) ® § § § �\ / o k (M / j j� � w_ zm \ § z m w a §m & z ( ( 6 § 6 �e §§ z zm m$ z § co SSSSS3333A??333&33?? 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SIGN 57" SIGN CABINET 11 I m 0 o � ° O z _ c H tg VV r i l Y - _ 1 Z O O I < m W I I I I -ON1100:12t oO SIGN PLAN �%l � ; | /! \ ;)) | ;•!|} {! � ;7!!!$!• . . =�w�= , =. „! ;• :!!.. z � � , \ — \ 0 CD ( ( \ \ g §§ « °® d} §m § § ® � § } § %§ °_®- a •� §<u§ ©¥f� ±® § 2 I' --E- / IF- \ � k I� B � \&k /eS jl I ��� \ \\\ \/11 \\ \ \ \/� @ =n =1 k ; \ \ j ZZ � � � . � : : � � � ) \ \ ) § \ i M g §§ « °® d} §m § $\ ® � B§ § %§ °_®- a •� §<u§ ©¥f� I' --E- / IF- \ � k I� B � \&k /eS jl I ��� \ \\\ \/11 \\ \ \ \/� @ =n =1 k ; \ \ j ZZ � � � . � : : � November 3, 2010 Pam Dudziak City of Eagan Community Development 3830 Pilot Knob Road Eagan, MN 55122 Re: LEEANN CHIN Drive -Thru Ms Dudziak, LEEANN CHIN requests approval to add a drive -up window to their existing freestanding restaurant at 2071 Cliff Road in Eagan. Work would begin immediately upon city approval, assuming in December, with completion in February 2011. Per the attached online (unofficial) January 5, 2009 City of Eagan Zoning Map, the site is currently zoned as a Planned Development. All adjacent properties to the west, north and east are also zoned Planned Development. There is Park zoning further to the north. The property across Cliff Road is zoned Planned Development (southeast), Public Facility (south) and Limited Business (southwest). LEEANN CHIN is adjacent to Blockbuster Video (to our west). Together, our properties are bounded by Cliff Road to the south and Park Center Drive to the east, north and west. Further to the west are a mixture of commercial, retail and residential uses. To the north are the 'Oakwood of Eagan' apartments. To the east are the Regal Cinema 16 Theaters and a Taco Bell restaurant. Across Cliff Road is the drivers examination facility (south), mixed retail (southeast) and open land with radio towers (southwest). The property is 38,452 sf. This consists of 26,592 sf (69.16 %) of hard surface coverage and 11,860 sf (30.84 %) of open /green space. Our proposal is to modify this to 27,199 sf (70.73 %) of hard surface coverage and 11,253 sf (29.27 %) of open /green space. The existing building is 3,095 sf. We are proposing a 48 sf. addition for the drive - through window. The total finished building square footage would be 3,143. The restaurant has seating for 68 patrons. This will not change. All site access is off of Park Center Drive (north and east sides of the LEEANN CHIN property) which is wholly a loop road off of Cliff Road. From the east there is a right in / right out from Cliff Road onto Park Center Drive. From the west, Park Center Drive has full right and left turn access, but this is not signaled. Park Center Drive serves the LEEANN CHIN, Blockbuster, 'Oakwood of Eagan' apartments, Regal Cinema and Taco Bell sites only. There is currently parking for 44 vehicles (including 2 hdcp) on site. Per city ordinance, a restaurant is required to provide one stall per 3 seats for a total of 23 stalls. We propose to reduce the on site parking to 35 stalls. This is still well above the minimum requirement. We anticipate minimal impact on the surrounding properties. These are all currently fully developed with the exception of the Light Business /radio tower site across Cliff Road. We believe traffic will increase on Park Center Drive. This will increase exposure of our neighbors to potential additional customers. Other than the apartments, all users are commercial in nature. Blockbuster is the closet structure to our restaurant. They are located immediately across the north /south drive aisle for which there is a shared access agreement. The Blockbuster front door is on the west side of the building away from the drive - through. There are no doors on the east of their building. Our intent is to direct incoming traffic for the drive -thru to our east driveway off of Park Center Road. We will discourage drive -thru use of the north driveway that runs between LEEANN CHIN and Blockbuster. Depending upon the customers final destination, NARRATIVE RECEIVED NOV 08 2010 WCL Associates. Inc 4931 West 35" Street Suite 200 St. Leos Park. Minr.escla 55416 T..952..541 -9969 F_952..541 -9554 they will exit the site either through the LEEANN CHIN or Blockbuster parking field along Cliff Road. The LEEANN CHIN property will be minimally impacted. Our parking is more than adequate. There can be 8 cars in the que for the drive -up window. All circulation to the drive -up window will be on our property. We are providing an escape lane for the drive -thru if needed by a customer. We will increase the traffic flow through the site but this will be on the side and rear, away from our building entry. The new drive -thru lane will cross our trash enclosure access. Trash access will be maintained as it is currently. Trash pick -ups will be scheduled for before business hours. A concrete median will separate the drive -thru lane from the shared drive with Blockbuster. Overall, we are adding hard surface area to the site but maintain 29.27% green space. We propose creating a long landscape island with shrubs between the drive -thru lane and the existing parking lot that is to remain. The area between the drive -thru lane and the building will be landscaped also. The existing mature tree's behind the building will remain along with the addition of (2) pine trees to help in screening the building from the adjacent apartments. We will be creating clearly defined pedestrian walkways to access Block Buster and the sidewalk on Cliff Road. We are adding site lighting (wall packs) only along the building at the new drive -thru location. All site utilities are existing. The addition and new drive -thru lane may cause a slight increase in the use of the city utilities — water and sewer due to anticipated increased sales. The addition of the drive -thru lane will increase the hard surface area on site and any storm water collection. Currently all storm water run -off is collected in storm water catch basins located around the LEEANN CHIN /Blockbuster site. It is much more efficient and cost effective for LEEANN CHIN to expand at this location than to find another suitable location. Our experience has been that the new drive -thru will increase the site utilization by enhancing sales. Increased traffic to our facility will also increase traffic to or by our neighbors facilities and has the potential for each business to improve and prosper. The public benefits from this project through an increase of service, ease and convenience to our customers and city residents. We maintain a known presence along a major thoroughfare within Eagan with minimal disruption to the site, traffic flow and city services. hank you. • a . Anderson, AIA WCL Associates, Inc. is I Agenda Information Memo December 7, 2010, Eagan City Council Meeting B. REZONING - CITY OF EAGAN ACTION TO BE CONSIDERED: ➢ To approve a Rezoning from Planned Development (PD) to Residential Single Family (R -1) for three vacant parcels located at the southwest intersection of Lexington Avenue and Wescott Road, legally described as Lots 3 -5, Block 2, Westbury 2nd Addition. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The property on the southwest quadrant of the intersection of Lexington Avenue and Wescott Road was developed under the Westbury 2nd Addition Plat in the mid 1980's. ➢ The original Lexington South Planned Development approval called for twin homes in this area; however, subsequent to any development, the City Council approved a change to smaller lot single family lots (most with a 65' width). That modification was never memorialized as part of the PD Agreement. ➢ This aspect of the PD was brought to staff's attention through a review of the City's planned developments, but in consideration of the fact that the development was nearly complete, it was concluded that the cost of removing homes and combining existing lots to create twinhome lots made it very unlikely that it would occur. ➢ The subject lots experienced a 200 gallon gasoline spill in 1977 around the time of the original PD approval and have remained undeveloped. Staff was recently informed that Magellan is exploring the potential sale of the parcels now that they have received an all clear on the parcels from the Minnesota Pollution Control Agency. ➢ Two of the three vacant lots are large enough to be subdivided into twinhome lots that would not be consistent with the neighborhood. It would appear that it would be in the interest of the neighborhood and the City to clarify that only single family detached homes can be developed. ➢ All three lots are large enough to conform to R -1 standards. Rather than modify the entire PD, it appears more effective to consider a rezoning from PD to R -1 for the lots. ➢ On October 19, 2010, the City Council directed staff to forward the matter to the Advisory Planning Commission (APC) for their recommendation. ➢ The APC held a public hearing on November 23, 2010, and is recommending approval. ISSUES: None ATTACHMENTS (3): Location map on page Draft November 23, 20 0 APC minutes on page Staff report on pagesJ6-�Vhrough L;2,�CCD- lea Location ._ Project Name: Westbury 2nd Addition lip� City of Eap Jd3 I I I Feet 500 1,000 2,000 Legend JMIIZ-) ;i..911,A City Boundary CParcels \ Parks Buildings 1. i Advisory Planning Commission November 23, 2010 Page 4 of 6 B. Westbury Rezoning Applicant Name: City of Eagan Location: Lot 3, 4, & 5, Block 2, Westbury 2nd Addition Application: Rezoning A Rezoning from (PD) Planned Development to (R -1) Residential Single Family. File Number: 22- RZ- 03 -10 -10 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated November 16, 2010. She noted the background and history. Member Daley inquired about the 1977 gas leak on the property. Troy Bronson, representing property owner Magellan, responded that according to the documentation there was a 200 gallon gasoline leak on the property in 1977. Chair Chavez opened the public hearing. Bob Nicklav, 3800 Westbury Lane stated concern for the drainage, runoff, and types of homes planned for the lots. Trevor Crawford, 3804 Westbury Lane asked for clarification on PD verses R1 zoning. He stated concern with compliance of R -1 performance standards, the affect on property values, the lots being developed into Section 8 or Habitat for Humanity homes, and soil contamination from the 1977 gas leak. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. City Planner Ridley discussed PD verses R1 zoning and explained that the perimeter lots along Wescott Road and Lexington Ave. originally approved for twin homes, but that was later changed by the developer to single family homes. However, the PD agreement was never amended to reflect `the ;R -1 use. The only purpose of this application is to clarify the use of the property to be single family homes. Without rezoning, twin homes could theoretically be built. In response to questions raised during the Public Hearing, Ridley stated R -1 performance standards will apply and are the same standards set forth for the existing homes, so the homes built on these lots would be similar, only newer He stated the city can not control who purchases the property or whether it is used for Section 8 or Habitat for Humanity. He explained that the mortgage company will ensure resolution of liability issues regarding the soil contamination, however the site has been deemed properly mediated. Assistant City Engineer John Gorder discussed the drainage and stated building permits require storm water run off and drainage inspections. Any impact to adjacent properties will be reviewed at the time of building permit. Chair Chavez stated the application is for rezoning only. He suggested the concerns be expressed during the appropriate future application. City Planner Ridley clarified that development of these lots will require only a Building Permit, and therefore, will not be back for review in a public forum. ia� Advisory Planning Commission November 23, 2010 Page 5 of 6 Member Filipi moved, Member Heaney seconded a motion to recommend approval of a Rezoning from PD, Planned Development to R -1, Residential Single Family for three lots, Lots 3 -5, Block 2, Westbury 2nd Addition, located on the south side of Wescott Road just west of Lexington Avenue. All voted in favor. Motion carried 7 -0. 1D,6 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 16, 2010 APPLICANT: City of Eagan CASE: 22- RZ- 03 -10 -10 HEARING DATE: November 23, 2010 PROPERTY OWNER: Magellan Pipeline Co., LLP PREPARED BY: Sarah Thomas REQUEST: Rezoning LOCATION: Lots 3 -5, Block 2, Westbury 2nd Addition COMPREHENSIVE PLAN: Low Density (LD) ZONING: Planned Development PD SUMMARY OF REQUEST The City of Eagan is requesting approval of a Rezoning from PD, Planned Development to R -1, Residential Single Family for three lots, Lots 3 -5, Block 2, Westbury 2nd Addition, located on the south side of Wescott Road just west of Lexington Avenue. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 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 boundaries of any district or 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 Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNDIHISTORY The subject properties are part of the Lexington South Planned Development and were platted as Westbury 2nd Addition in 1984. While the Planned Development (PD) included latitude for the alternative of twinhomes, the area was built out as a single family detached neighborhood. Ia LP Planning Report — Lots 3 -5, Block 2, Westbury 2 "d Addition November 23, 2010 Page 2 The twinhome aspect of the Planned Development was brought to staff's attention through a review the of City's Planned Developments, but in consideration of the fact that the development was nearly complete, it was concluded that the cost of removing homes and combining existing lots to create twinhome lots consistent with City Code requirements made it very unlikely that it would occur. Presently, all of the lots in the neighborhood are built out with existing homes except the three subject properties. The lots experienced an oil spill around the time of the original development and have remained undeveloped and owned by the pipeline company, Magellan, to this point. According to a Magellan representative, they have been monitoring the well and have received information that all was clear. Therefore, they are now considering selling the three subject lots. EXISTING CONDITIONS The three lots are vacant. An easement for the pipeline is located across the northern portion of the lots, primarily lots 3 and 4. EVALUATION OF REQUEST Compatibility with Surrounding_ Area — The properties are adjacent to single - family homes. The property to the north of Wescott road is zoned Agricultural (A) and guided low - density and is undeveloped. The property east of Lexington Avenue is zoned Public Facility (PF) and developed with a church. Bulk Standards — All three lots are large enough to conform with Residential Single (R -1) zoning standards; other than the lot widths, which were acknowledged to be 65 feet as part of the original PD and approved as part of the subdivision of Westbury 2nd Addition. Rather than modify the entire 140 lot PD, it appears more efficient to simply rezone the specific lots from PD to R -1. SUMMARY /CONCLUSION The proposed rezoning is consistent with existing development and will serve to clarify allowed future development of these three parcels to maintain that consistency in the general area. If approved, the future development will proceed through the building permit process and will have to meet the performance standards for the R -1 Zoning District. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from PD, Planned Development to R -1, Residential Single Family for three lots, Lots 3 -5, Block 2, Westbury 2nd Addition, located on the south side of Wescott Road just west of Lexington Avenue. /A-7 Location iap Project Name: Westbury 2nd Addition City of Eagan I I I Feet 500 1,000 2,000 Legend , 3711 a City Boundary Parcels \ Parks Buildings N GA ALHIAL .f - - ,V L.Xt I�j GI Y q a # < L t Sa Ty # N T k J - - �"- .1"'7.x. - L` l ?' �S`..1 �v�, y.le.�M f � '� r i Y•}Y i T ..,}��' - �-� vta� #.� a > s^ k� •z .- r `� - i'�'n 4 ��` x � .4. fk - Y" � .. H r.: r SITE PLAN Westbury 2nd Addition Magellen Properties 43) 0 25 0 �w g.� 'h �iY°'� � j.l�'�� L._'d4...k.. y�:4� "`� '�.� � �x� � •a�'i� �4-��C' H liftlaillill RAVO ->Tor Westbury 2nd Addition Magellen Properties 43) 0 25 0 O m n r z � o D N � C m 0 O N ,J n N Z n D Z N rs? _ TZ SEVEN -52 PLAT d23 - - - - - -- / 'n 314 22 -w 1. .231.30 53 °•'33 "E - _ cu _ ' r 1. _ (\ eW -• /V ri -- n 212 30 3 0 °1]•ST• E — '" _ CJ, 5 pPl7•33••E N D I� z 1 _ 392.99 5 I]•33'E ; (D co -J (,1 i i 5]1.00 SJ -Wl, E f `� C 1 G• ji i «a -C i )S t i Vi C 11 1 { SEVEN -52 PLAT d23 - - - - - -- / 'n 314 22 -w 1. .231.30 53 °•'33 "E - _ cu _ ' r 1. _ (\ eW -• /V ri -- n 212 30 3 0 °1]•ST• E — '" _ CJ, 5 pPl7•33••E N D I� z 1 _ 392.99 5 I]•33'E ; (D co -J (,1 i i 5]1.00 SJ -Wl, E f `� C 1 G• ji i «a -C i )S L:. Minnesota Pollution Control Agency IVE 200 February 9, 2006 Mr. Austin McClain Magellan Pipeline Company, L.P. 2728 Patton Road St. Paul, MN 55113 RE: Magellan Minnesota Historic Release Investigation — Site Closure Dear Mr. McClain: We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) staff has determined that your investigation and /or cleanup of "Historic Release Sites" has been completed. This extensive investigation involved a total of 249 sites and based on the information provided, MPCA staff has closed the release site file for the 222 sites, which are identified in the "Completion Report" of June 2005. The remaining sites, which will be tracked on an individual basis, involve additional remediation or monitoring, and MPCA staff will continue to work closely with Magellan Pipeline Company L.P. (Magellan) to bring these to closure. A complete list of the closed and active sites is included as an attachment to this letter. The agreement between the MPCA and Magellan was a voluntary cooperative arrangement to review and address historic pipeline releases. This approach was designed to identify past contamination and proceed, when necessary, with additional measures. Rather than assume a passive stance by reacting to an identified emergency situation in a well, stream or river, Magellan was able to proceed with an organized and cost - efficient cleanup /investigation. Response actions for the historic releases ranged from summarizing release site follow -up measures to additional borings, land farming of soil or implementation of corrective actions to reduce ground water contamination. MPCA staff commends Magellan's efforts in implementing this new proactive approach which can serve as a model for other companies in Minnesota and across the nation. Closure of the file means that the MPCA staff does not require any additional investigation and /or cleanup work at this time or in the foreseeable future. Please be aware that file closure does not necessarily mean that all petroleum contamination has been removed from these sites. However, the MPCA staff has concluded that any remaining contamination, if present, does not appear to pose a threat to public health or the environment under current conditions. The MPCA reserves the right to reopen this file and to require additional investigation and /or cleanup work if new information, changing regulatory requirements or changed land use make additional work necessary. If you or other parties discover additional contamination, (either petroleum or nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the MPCA be immediately notified. 520 Lafayette Rd. N.; Saint Paul, MN 55155 -4194; (651) 296 -6300 (Voice); (651) 282 -5332 (TTY); www.pca.state.mn.us St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar Equal Opportunity Employer • Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. Mr. Austin McClain Page 2 You should understand that this letter does not release any party from liability for the petroleum contamination under Minn. Stat. ch. 115C (2002) or any other applicable state or federal law. In addition, this letter does not release any party from liability for nonpetroleum contamination, if present, under Minn. Stat. ch. I I 5 (2002), the Minnesota Superfund Law. If future development of pipeline release site property or the surrounding area is planned, it should be assumed that petroleum contamination may still be present. If petroleum contamination is encountered during future development work, the MPCA staff should be notified immediately. Thank you for your response and for your cooperation with the MPCA to protect public health and the environment. If you have any questions regarding this letter, please contact James McCann, of my staff, at (651)297 -8667. Sincerel , Stephen Lee Supervisor Emergency Response Team Superfund and Emergency Response Section Remediation Division SJL:ls Enclosure: List of Closed and Active Sites W w �- W k '-, "t S , ' (," cc: Kimberly Blomker, Leggette, Brashears & Graham, Inc. N 13y- MAGELLAN PIPELINE COMPANY, L.P. MN HISTORIC LINE RELEASE SITES INVESTIGATION INDEX LIST OF ALL RELEASE SITES (SORTE -D BY SITE STATUS) Page 1 of Minnesota Pollution Control Agency C 7 Q ; ,v o a Z h u tx } 02/09/66 _ Albert Lea 1 Gasoline 67,620 Steele Pipeline Closed 2005 10/18/67 Owatonna Site Gasoline_ 109,914 _ - __Steele _Pipeline _Closed 1994 10/31/67 — Gasoline _ - 12,936 - _ Freeborn Pipeline Closed 2002 02/2_9/68 Albert Lea Circle Pines 2 Gasoline 67,620 Freeborn- Pipeline Closed 2004 12/29/68 Oil 46,200 Anoka Pipeline Closed 2002 05/05/70 Roseville 3 _ _ _Fuel ~ Gasoline _ 1,979 Ramsey Pipeline Closed 2004 New Brighton 1 Fuel Oil 2,000 Ramsey Pipeline Closed 2003 05/24/71 09/20/71 Albert Lea 2 _ _ Gasoline 84 Freeborn Pipeline Closed 2004 04/_01/72 - Maplewood 1 - Fuel Oil 210 or 42 R_ amsey___ Pipeline- Closed 2002_ 05/23/72 _ -- Faribault Fuel Oil 4,200 - _ Rice Pipeline- Closed 2003 12/11/72 Maplewood 2 _ Gasoline 4,200 Ramsey Pipeline Closed 200_2 05/15/73 So. St. Paul I Gasoline 5,000 Dakota Pi eline Closed 2002 06/02/73 Cloquet Fuel Oil _ 1,050 _ Carlton _ Pipeline Closed 2002 09/07/73 Mankato Gasoline 18,900 Blue Earth Closed 2062 -_ _ _ Fuel Oil 100 al or 40 bbl Dakota -Pipeline _P' p_Oine Closed 2003 10/0_1/73 Apple Valley 1 _ 05/01/74 Apple Valle 2 Gasoline 100 Pipeline Closed 2003 07/30/74 _ _ -- - -- Faribault 2 _ Gasoline 3,000 __Dakota_ _Rice _ Pip ine Closed 2002 08/30/74 -__- Albert Lea LPG 48,300 —_ - Freeborn Pipeline Closed 2002 09/01/74 Eagan I Gasoline Dakota Pipeline Closed 2005 05/01/75 Eagan 2 Fuel Oil Petroleum 126 Dakota Pipeline Closed 2003 05/08/75 St. Paul MP242 8,400 Dakota Ramsey - Ramsey_- Pipeline - Peline _P�eline Closed i Closed 2002 2002 06/18/75 Little Canada Gasoline 08/13/75 Lower Afton Road Site _ Fuel Oil 840 Closed 2003 08/20/75 Maplewood 3 _ Fuel Oil 25 Ramse Pi eline Closedl 2003 09/05/75 Eagan 3 Fuel Oil Gasoline - 2,500 210 Dakota Pi cline Closedl 2003 02/27/76 Newport 2 Washin ton Pi cline Closed 2002 04_/28/76 _ _ Lower Afton Road Gasoline _ _ 4,200 _ Ramsey _ Pipeline Closed 2003 05/10/76 Rush City Gasoline 4,200 Pine PPipeline Closed 2002 12/31/76 - Clarks Grove Fuel Oil _ 41,370 _ Freeborn __ eline Closed] 2004 04/09/77 -- Clarks Grove Gasoline -- 47,796 Freeborn Pipeline Closed 2004 05/06/771 - Inver Grove Heights 1 Gasoline i 630 - -- Dakota _ I - -- - Pipeline Closed' 2003 7107!77. Eagan 4 Gasoline 200 Dakota Pipeline , Closed 2001 07/19/77 _ _ MP 155 Hydrotest Water 7 000 Freeborn _ Freeborn Pi elinc Closed': 2002 07/21/77 MP 153 H drotest Water 7,000 Pipeline Closed! 2002 Fuel Oil / __._ i 08/21/77 500 Freeborn Pipeline Closed 2004 H _drotest 03/22/77 _ _ MP 153 _ H rotest Water _ __ 4,500 ____ _ Freeborn Pipeline _ Closed 2002 08/23/77 MP 164 11 drotest Water y 7,000 _ -- Steele - P�eline Closed 2002 Freeborn_! Pipeline 1 Closed 2002 Freeborn Pipeline Closed 2004 08/25/77 - MP 154 Bancroft Hydrotest Water Hydrotest Water - 7,000 09/14/77 Unkno wn and Fuel Oil 11/23/77 Marshall I Gasoline 1,680 Lyon Pipeline_ i Closed 05/22/78 So. St. Paul 2_ Fuel Oil 420 Dakota Pipeline Closed 2002 05/23/78 Maplewood 4 Fuel Oil 10 bbl Ramsey Pipeline Closed 2005 06/02/78 St. Paul Gasoline 630 Ramsey Pipeline Closed i 2002 09/22/78 MN Zoo,-Apple Valley Fuel Oil 42 _ Dakota Pipeline I Closedj 2003 Page 1 of Minnesota Pollution Control Agency AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 7, 2010 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS 1. APPROVE Escrow Release Agreement with Basil Dyab regarding Former Shell Station at 3830 Cedarvale Boulevard E. NEW BUSINESS F. OTHER BUSINESS G. EXECUTIVE SESSION - Consideration of Purchase Offer for Property at 3850 Cedar Grove Parkway in the Cedar Grove Redevelopment District H. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting December 7, 2010 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 MIN S —The minutes of the October 19, 2010 EDA meeting are enclosed on pages 137 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 19, 2010 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 19, 2010 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Hansen, Commissioner Tilley and Commissioner Fields. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the August 2, 2010 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS REMOVAL OF RIGHT OF WAY PARCELS FROM CEDAR GROVE TIF DISTRICT (CEDAR GROVE PARK AND RIDE) - MVTA Community Development Director Hohenstein discussed the proposed removal of four 77 /Cedar Avenue right -of -way parcels from the Cedar Grove TIF District. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Resolution to remove four TH 77 / Cedar Avenue right -of -way parcels from the Cedar Grove TIF District. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. 13g ADJOURNMENT Commissioner Bakken moved, Commissioner Tilley seconded a motion to adjourn the meeting at 7:15 p.m. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director /-39 Agenda Information Memo Eagan Economic Development Authority December 7, 2010 OLD BUSINESS 1. APPROVE ESCROW RELEASE AGREEMENT WITH BASIL DYAB REGARDING FORMER SHELL STATION AT 3830 CEDARVALE BOULEVARD ACTION TO BE CONSIDERED: To approve an escrow release agreement with Basil Dyab relative to the property at 3830 Cedarvale Boulevard. FACTS: ➢ The EDA closed on its purchase of the former Shell Station property at 3830 Cedarvale Boulevard in February, 2008. ➢ Braun Engineering had performed an environmental analysis of the site as part of the Phase I and Phase II environmental reviews of the area that identified levels of petroleum contamination in the soils around the location of the fuel tanks. ➢ Some remediation was performed at the time Mr. Dyab, the previous owner, had the tanks removed, but residual contamination remained and a condition of the closing was the deposit of an environmental escrow, which was intended to be used at the time the site was redeveloped. ➢ The economy has resulted in redevelopment taking longer than had been anticipated and Mr. Dyab approached the EDA to propose a reduction of the escrow or settlement. ➢ With the understanding that the escrow would cover an updated analysis, staff had Braun perform an updated soil gas analysis. The report indicates that levels of contamination have diminished since the original study and the cost of anticipated remediation for a future building had diminished. Braun's current estimate for that work would be up to $1 /s.f. of the building footprint. ➢ Using a lot coverage at the top of the range of what may be expected to be built on the site results in a footprint of 28,250 s.f. On that basis, the City Attorney and Mr. Dyab's counsel arrived at a tentative agreement for the EDA to retain $38,750 ($5,500 Braun cost plus $28,250 for remediation). If the EDA approves the agreement, the balance of the escrow would be returned and Mr. Dyab would be released from future environmental remediation obligations. ➢ On that basis, the agreement is in order for EDA Review. ATTACHMENTS (2): Area Map on pag4 q- I Agreement on pages through 1 I�lo 0 J2b vov Feet 410111� City of Eagan Cedar Grove Redevelopment Area 3830 Sibley Memorial Hwy 1q) ESCROW RELEASE AGREEMENT THIS ESCROW RELEASE AGREEMENT ( "Agreement ") is entered into this day of November, 2010 by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation ( "EDA "), and BASIL DYAB (hereinafter "Dyab "). (The EDA and Dyab are collectively referred to as the "Parties "). WHEREAS; the Parties entered into that certain Purchase Agreement related to real property described as Lot 2, Block 1, and Outlot A, Cedarvale 2nd Addition (the "Property"); and WHEREAS, as a condition to the EDA's purchase of the Property, the Parties entered into an Escrow and Indemnification Agreement (hereinafter the "Escrow Agreement ") whereby Dyab deposited the-'.sum of $67,500.00 to be applied toward the actual costs incurred by the EDA for clean up and remediation of the Property; and WHEREAS, Dyab has received a "no further action" letter from the Minnesota Pollution Control Agency, however, additional remediation may be necessary when the Property is developed; and WHEREAS, the EDA has retained the services of an outside consultant to determine the approximate cost. for remediation of the Property; and WHEREAS, the Parties have reached an agreement as to the amount to be paid to the EDA and to release Dyab from any further obligations under the Escrow Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. RELEASE of Escrow Furors. The Parties hereby authorize the escrow agent to release the sum of $33,750.00 to the EDA. The balance of the escrow, including any interest thereon, shall be released to Dyab. 2. RELEASE. OF DYAB. The EDA hereby releases Dyab from any and all future obligations under the Escrow Agreement. /L/a EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director Basil Dyab STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of ' 2010, by Mike Maguire and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this IJ 7` day of ecc. Atli , 2010, by Basil Dyab. OHAC D LEMMONS Notary Public NOTARY PUBLIC MINNESOTA iiWo11 Inn Jnn. 01 4010 3 1 �3 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206 - 26767) 3 1 4L- Agenda Information Memo Eagan Economic Development Authority Meeting December 7, 2010 F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION The EDA is being asked to recess to executive session to consider a purchase offer for property at 3850 Cedar Grove Parkway for redevelopment purposes. H. ADJOURNMENT The EDA meeting will adjourn at the conclusion of the executive session. /7- City of Ea an 2011 General Fund Budget and Property Tax Levy Public Hearing December 7, 2010 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 9 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. Even though most homeowners saw the County's assessed value on their home decline this year, some may feel the assessed value is still more than they could sell their homes for. To further discuss the assessed value of your own property, you may contact the Dakota County Assessor's office at 651- 438 -4200. Levy Limits Like last year, the State has established Eagan's maximum levy increase. For 2011, Eagan's levy limit is $28,757,319, a 4.7% increase over the 2010 levy. The City Council elected to set its preliminary levy at an amount substantially less than the limit. The preliminary levy of $28,247,111, which is $510,208 below the maximum, is what the Council is considering tonight as its final levy. 3 2011 Property Tax Levy Tonight, the Council is considering the following 2011 tax levy, with comparison to 2010, shown below: Budgeted: General General Facilities Renewal & Replacement Equipment Revolving Major Street -- General Major Street -- Overpasses & I nterch Equipment Certificates Debt Service Fire Apparatus Community Center Bonds Park System Development/R &R Cedarvale Special Services District Sub -Total Bu( es Payable 2011 21,204,600 283,042 1,031,127 1,527,925 1,054,312 126,879 273,121 1,192,223 Payable 2012 21,515,000 289,197 1,053,549 1,561,150 1,077,238 133,521 266,479 1,128,947 400,000 eted 26,693,229 27,425,081 Not Budgeted: Market Value Homestead Credit 1,012,784 - Allowance for Uncollectable Taxes 541,098 - Sub -Total Not Budgeted 1,553,882 - The total levy is up 2.8% from last year. unange 310,400 1.5% 6,155 2.2% 22,422 2.2% 33,225 2.2% 22,926 2.2% 6,642 5.2% (6,642) -2.4% (63,276) -5.3% 400,000 NA 731,852 2.7% (1,012,784) - 100.0% (541,098) I- 100.0% (1,553,882) - 100.0% In anticipation of the possibility of lower tax collections in our troubled economy, the Council has for the first time levied an allowance for uncollectable taxes. The $541,098 allowance levy represents 2.0% of the total levy. Without the allowance levy, Eagan's levy increase would be 0.8 %. 5 2010 General Fund Budget Expenditures 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. The 2010 budget reflected a 1.8% increase over the amended 2009 budget. Salaries for non -union staff —about half of the City's total employees —were not increased in 2010. Because 2010 was the third year of a three -year contract, union staff received wage increases in 2010. Now in the 2011 budget, there are no salary increases budgeted for either union or non -union staff. The 2011 General Fund budget is up 0.55% from 2010, primarily due to higher healthcare insurance costs. One additional FTE has been eliminated, and no new staff are proposed. The 2011 General Fund budget is $27,687,900, compared to the 2010 budget of $27,537,100. About three - quarters of the City's budget is staff wages and benefits. No new services are proposed. At the same time, no services are proposed to be eliminated. Revenues The 2011 budget is balanced. It has been the goal of the Council to wean the City from any reliance on State aid as the State has reneged on its market values homestead credit (MVHC) aid commitments as part of its own budget balancing strategy several times over the past decade. The 2011 budget places no reliance on the State for MVHC aid. Other revenues, such as interest income and development - related permits and inspections, are again expected to be lower than they have been traditionally over the past few years. 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 market value homestead credit, which is applied to the tax - capacity portion of the property tax on a prorated basis. (The market value homestead credit does not apply to commercial /industrial property.) Tax Capacity -based Portion The graphics on pages 7 through 10 help illustrate how the amount based on tax capacity is calculated. Each property's tax capacity (a function of 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 $241,744 (City average for 2011) is calculated as follows: First ... Tax capacity of $241,744 home = $241,744 x 1 % _ $2,417 Then ... Tax capacity -based taxes = $2,417 x.33674 (tax cap. rate) _ $814.05 Market Value -based Portion 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 2011 is .0001705. Calculation of the 2010 market value -based tax on the home is as follows: Market value -based taxes = $241,744 x.0001705 (MV rate) _ $41.22. Market Value Homestead Credit (MVHC) The TnT Proposed Property Tax Statement combines the tax capacity -based portion with the market value -based portion. For residential properties only, this total is then reduced by a homestead credit calculated according to a formula set by the State (see page 8). In the example of the $241,744 home, the MVHC applied to the City portion of property taxes for a homestead in ISD 196 is $55.21. Only the bottom line total tax, or $800.06 in this example, would appear on the TnT statement. The three components are summarized here: Tax capacity -based tax $ 814.05 Market value -based tax 41.22 MVHC 5( 5.21) Total City tax $ 800.06 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 6 - Pie chart illustrating where your property tax dollars go How is the City share of my tax bill calculated? Page 7 - Summary of three components of tax calculation Page 8 - Graphic of tax capacity -based tax calculation Page 9 - Determining tax capacity of a property Page 10 - Determining the City's tax capacity rate How can my taxes go up when my property value is going down? Page 11— 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 12 - Pie chart reflecting allocation of 2011 property tax for a $241,744 house What other revenue sources are used to pay for the proposed bdg u et? Page 13 - Pie chart of total revenues by source Page 14 - Comparative summary of revenues for 2010 and 2011 (as proposed) budget. 10 What amount of spending is proposed for 2011, and how does it compare to last year? Page 15 - Pie chart and table of major expenditure categories Page 16 - Comparative summary of expenditures for 2010 and 2011 (as proposed) budget. How do my City taxes compare with those of other Metro -area suburbs? Page 17- Bar chart comparing Eagan with 17 other area cities 11 Where will your 2011 property tax dollars go? Calculation is for residential property located in ISD 196. 12 ier YO 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. Bond payments are made from a tax levy that is based on a property's market value, calculated like this: X 3) Market Value Credit applied to City portion (pertains to residential properties only) 13 Beginning with the payable 2002 property taxes, the State Legislature instituted a market value credit for homestead property taxpayers. The credit reduces the property taxes. It is calculated as 0.4% of the market value of a homestead up to a maximum credit of $304 for a home valued at $76,000. For homestead values over $76,000, the credit phases out, on a straight -line basis, to zero for a home valued at $414,000. The total credit for each homestead is applied on a pro -rata basis to City, County, School District and other components of the property taxes. 14 Tax Capacity Portion of Property Taxes X 15 Influencing factors: General Fd expenditures Debt service Allocation to capital proj. State aids Other non -tax revenues Influencing factors: Development /growth Tax class rate changes Fiscal disparities TIF Tax capacity based 'taxes Determining Your Property's Tax Capacity Property value X Class rate Property Class Rates 2010 Residential (both homestead and non - homestead) 2011 First $500,000 in value 1.00% 1.00% Over $500.000 1.25% 1.25% 16 Example 1: Residential homestead valued at $241,744: 2011 tax capacity = $241,744 x 1.00% = $2,417 Example 2: Residential homestead valued at $600,000: 2011 tax capacity = $500,000 x 1.00% = $5,000 $100,000 x 1.25% = 1,250 17 $6,250 Determining the City's Tax Capacity Rate Property tax levy Operating Debt service Subtotal Less: Fiscal Disparities Distribution 2010 2011 % change $26,266,882 $ 27, 054, 888 0 0 26, 266, 882 (2,414,632) 1 ::: (2,624,262) IN 3.0% 3.0% 8.7% Total tax capacity Less: Fiscal Disparities Contribution 2010 2011 $93,892,272 $ 87, 808, 937 (14,206,508) (14,165,562) % change 2010 tax capacity rate = 23,852,250 / 78,442,203 = .30408 19 (6.5 %) (0.3 %) 20 21 How are my City tax dollars allocated? $800 in taxes on a $241,744 (avg) Eagan home Co Comm Ctr De $41 Genl Govt Bldg $15 Canital Enuin 22 Allowfor Uncollect. $15 2011 General Fund Revenues Other 2.3% Recr( Cha 2.; $ 27,687,900 Services """ y"" ` Revenue Revenues 3.6% 2.4% 6.7% 23 censes & Permits 4.5% ansfers 1.7% Comparative Summa General Fund Bud of Revenues et TOTAL GENERAL FUND $ 27,537,100 $ 27,687,900 $ 150,800 0.5% 24 2010 2011 0 Budget Budget $ % General Property Taxes $ 21,253,600 $ 21,204,600 (49,000) -0.2 %' Licenses 278,700 277,900 _ (800) -0.3 %' Permits 597,600 959,600 _ 362,000_ 60.6 %' Intergovernmental Rev 722,400 678,100 (44,300) -6.1% Charges for Services 1,016,100 1,009,600 (6,500) -0.6 %' Recreation Charges 719,300 622,600 (96,700) - 13.4 %' Fines & Forfeits 372,000 344,500 (27,500) -7.4 %' Other Revenues 366,300 284,600 (81,700) - 22.3 %' Program Revenues 1,761,500 1,847,100 85,600 4.9 %' Transfers 449,600 459,300 9,700 2.2 %, TOTAL GENERAL FUND $ 27,537,100 $ 27,687,900 $ 150,800 0.5% 24 2011 General Fund Allocation of Expenditures Building Maint C.nnfinnpnry 25 Comparative Summary of Expenditures General Fund Budget 2010 2011 D 26 Budget Budget Amount % GENERAL GOVERNMENT 01 Mayor & Council $ 141,200 $ 143,300 $ 2,100 1.5% 02 Administration 497,300 506,900 9,600 1.9% 03 Information Technologies 1,265,100 1,283,200 18,100 1.4% 04 City Clerk 312,900 255,300 (57,600) -18.4% 05 Finance 1,099,300 1,115,500 16,200 1.5% 06 Legal 395,000 407,700 12,700 3.2% 07 Comm Dev -- Planning /ED 900,500 910,500 10,000 1.1% 08 Comm Dev- - Inspections 904,100 915,800 11,700 1.3% 09 Communications 448,700 457,700 9,000 2.0% 10 Human Resources 241,800 242,600 800 0.3% Gen Govt Total 6,205,900 6,238,500 32,600 0.5% PUBLIC SAFETY 11 Police 10,978,700 11,101,000 122,300 1.1% 12 Fire 1,697,000 1,726,700 29,700 1.8% Public Safety Total 12,675,700 12,827,700 152,000 1.2% PUBLIC WORKS 21 Public Works /Engineering 1,226,200 1,175,200 (51,000) -4.2% 22 Streets & Highways 1,743,500 1,659,800 (83,700) -4.8% 24 Central Svices. Maint. 608,400 611,700 3,300 0.5% Public Works Total 3,578,100 3,446,700 (131,400) -3.7% PARKS & RECREATION 30 Recreation 1,907,700 1,974,900 67,200 3.5% 31 Parks 2,004,600 1,942,000 (62,600) -3.1% 32 Tree Conservation 485,000 484,400 (600) -0.1% Parks & Rec Total 4,397,300 4,401,300 4,000 0.1% GENL GOVT BLDG MAINT 33 Government Buildings 636,600 715,300 78,700 12.4% Subtotal 27,493,600 27,629,500 $ 135,900 0.49% 41 Conti ngency-- undesignated 43,500 58,400 14,900 34.3% General Fund Total $ 27,537,100 $ 27,687,900 $ 150,800 0.55% 26 City Portion of Property Taxes 2011 Truth -in- Taxation Estimates $241,744 Homestead (Eagan avg.) Plymouth Mendota Heights Eden Prairie Minnetonka Eagan Maple Grove Woodbury Coon Rapids Lakeville Bloomington 18 -City Average Burnsville Inver Grove Hts Rosemount Apple Valley South St. Paul Brooklyn Park Hastings West St. Pau $0 $400 $800 $1,200 $1,600 27