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06/23/2014 - City Council Finance CommitteeFINANCE COMMITTEE MEETING MONDAY, JUNE 23, 2014 11:00 A.M. CONFERENCE ROOMS 2 A &B AGENDA I. AGENDA ADOPTION II. CEDAR GROVE REDEVELOPMENT DISTRICT - PURCHASE OFFER -TRIANGLE AND GOLD TRAIL PARCELS III. PUBLIC FINANCING ASSISTANCE - CSM REQUEST REGARDING FORMER LOCKHEED MARTIN PROPERTY- CENTRAL PARK COMMONS IV. FIRE RELIEF ASSOCIATION PENSION CONTRIBUTION AGREEMENT V. OTHER BUSINESS VI. ADJOURNMENT Agenda Information Memo Finance Committee Meeting June 23, 2014 II. CEDAR GROVE REDEVELOPMENT DISTRICT— PURCHASE OFFER —TRIANGLE AND GOLD TRAIL PARCELS DIRECTION TO BE CONSIDERED: To make a recommendation to the EDA regarding two purchase offers for the triangle and Gold Trail parcels in the Cedar Grove Redevelopment area. FACTS: In consideration of the confidential nature of certain marketing and prospect discussions, the Finance Committee has been assigned the responsibility of monitoring the redevelopment area marketing activities of the master developer /broker team on behalf of the EDA and City Council. Staff and the Cedar Grove developer have received two letters of intent on both the triangle and Gold Trail parcels. • The Committee will be asked to either provide additional direction for further negotiation or to make a recommendation to the EDA to consider approval of one of the two concept plans and direction to prepare a purchase agreement for the property. ATTACHMENTS: None — Information to be provided at meeting. Agenda Information Memo Finance Committee Meeting June 23, 2014 III. PUBLIC FINANCING ASSISTANCE — CSM REQUEST REGARDING FORMER LOCKHEED MARTIN PROPERTY — CENTRAL PARK COMMONS DIRECTION TO BE CONSIDERED: To make a recommendation to the City Council to approve or deny a request by CSM for public financing assistance for potential enhancements of the Central Park Commons development proposal. FACTS: Background When Lockheed Martin indicated an intention to pursue a non - contingent sale of its Eagan property, the City communicated to the company that prospective buyers should base their purchase decisions on the fact that re- guiding and rezoning of the property should not be assumed before the fact and that the property's sale price would need to support any prospective reuse of the property. It should be assumed that public financing assistance would not be available and that any reuse would need to be market driven. At its Workshop meeting of February, 2013, staff asked the City Council if it would consider public financing assistance if the developer were to propose enhancements to a market driven plan that were desirable for the community, but beyond the capacity of the market to finance them. The Council indicated a conditional willingness to consider such for a project at the site, depending upon what enhancements or improved features of the development could be achieved if it were available. CSM's initial response was that it would be interested in considering enhancements of a development plan for the property and made a formal request to the City Council to authorize staff to explore the possibilities in that regard. Staff researched whether the property would meet the criteria for a redevelopment TIF district and found that the building would not meet the substandard test to qualify. • Staff has consulted with Ehlers and Associates and determined the project as presented does not meet the requirements for any of the forms of tax increment financing districts typically available. The only property based financing tool that J could be applied would be tax abatement. A memo from Ehlers describing tax abatement and the potential revenue that could be captured using the tool is attached. • At its workshop of January 14, 2014, the City Council received a presentation from CSM representatives regarding a range of potential plans for the site. These included: 1) the plan that was before the Advisory Planning Commission in late 2013, 2) a revised base site plan that incorporated features discussed at the City Council consideration of a Comprehensive Guide Plan Amendment for the property and during the review of the small area planning study performed for the City by Hoisington Koegler in February 2013 and 3) an "enhanced" plan that proposes additional green space and gathering space as well as additional building square footage that is to be served by a two level parking garage (base plus one deck). • On the basis of the discussion at that meeting, the City Council indicated it would be open to reviewing a public financing application and financing analysis related to the revised base plan and enhanced plan. Financing Request and Format for Committee /EDA Review In follow up to the January Workshop, CSM has submitted a preliminary business financing application dated April 22, 2014 based on a comparison of a base development plan an "enhanced plan" for consideration by the Finance Committee and City Council. The developer is asking the Committee to consider whether the enhancement(s) would meet the expectations previously suggested by the Council of features that might justify public financing assistance through the EDA. • The market driven base plan assumes surface parking for all proposed uses. In CSM's financing application, it is proposing an enhanced site plan within which it would install a parking structure that would add between 300 and 400 stalls in the northeast area of the site and related landscape and plaza upgrades, intended to incorporate additional overall site density, public functions and amenities. A more complete description of the structure and amenities is included in CSM's cover letter to the business financing application, which is attached. When the City reviews public financing assistance applications, it typically is focused on business expansion or location resulting in the creation of head of household jobs. That said, the City's Business Financing Assistance Policy also permits consideration of financing assistance if "other measureable, specific, tangible goals" are established. "Examples of tangible goals may include redevelopment, or pollution or soil remediation." In the case of the proposed development of the CSM property, the applicant is suggesting that it the project can be characterized as a redevelopment and other tangible goals can be met if public financing assistance is provided. While the former Lockheed Martin property has not been defined as a redevelopment area by the City to this point, CSM's proposed development of the site involves the demolition of the current building and a repurposing of the property for another use. The Finance Committee and EDA has the latitude to determine whether this would constitute a redevelopment for purposes of the policy The City Attorney has advised that it would be an option for the City's EDA to consider a comparison of the base plan and an enhanced plan to make a determination in that regard, much as the EDA reviews concept plans in its redevelopment districts to determine whether there is a basis for the Company to proceed with a formal request for financing assistance. The Finance Committee of the City Council has been delegated the responsibility of doing the preliminary review of such applications and making a recommendation to the EDA in their regard. • Representatives of CSM will be present at Monday's meeting to make a brief presentation and respond to questions regarding their request for financing assistance in support of implementation of the enhanced development plan. Financing Option • As noted above, staff and the City's fiscal consultant have not identified funding sources for public assistance other than tax abatement. At its meeting of June 17, 2014, the City Council amended the City's Public Financing Assistance Policy to permit consideration of tax abatement for redevelopment and reuse projects under certain circumstances. The nature of those circumstances was not defined and the Committee and Council have the latitude to recommend and determine whether a specific property and /or project's circumstances create a justification for use of the tool. The updated policy provides for abatement of the incremental City tax revenue only. For information purposes, Ehlers was asked to prepare an analysis of the impact of abating the base as well. The relative difference was small and CSM understands that option is not contemplated in the analysis presented to the Committee at this time. As a part of the determination to abate taxes, the City has the option of collecting the fiscal disparities contribution from the property before determining the abatement or spreading it against other properties in the City and not collecting it from the subject property. The former option in this case is estimated to generate a 15 present value of $3.4 million and the latter option is estimated to generate $5.5 million. The option of whether to consider payment of fiscal disparities outside a property subject to abatement has not been discussed by the Committee or Council to date. An analysis of the relative impact of that option is included in the attachments below. ISSUES FOR CONSIDERATION: • In consideration of the original expectations defined for Lockheed Martin and prospective purchasers of the property, is there a basis for the City to consider public financing assistance at this time for any of the base costs of development of the site? • Are there aspects of the CSM enhanced plan that would justify public financing assistance? If so, what would they be? • If some level of public financing assistance is determined to be justified, are the circumstances sufficient to justify collecting fiscal disparities from outside the Central Park Commons property? • If public financing assistance were to be considered for any aspect of the project, what conditions or expectations should the City place on the assistance relative to or in addition to the site layout enhancements? ATTACHMENTS: • CSM Business Financing Assistance Preliminary Application on pages through • Email from CSM listing observations following meeting with Staff regarding project assumptions and revenue analysis on pages Ko through t9 • CSM presentation outline and elevation /perspective graphics on pages through ,X; • Proposed Base Central Park Commons Site Plan on page • Proposed Enhanced Site Plan on page CY • January 14, 2014 City Council Workshop Meeting minutes on page J?) • February 12, 2013 City Council Workshop Meeting minutes on pages (,q through M • Memo from Ehlers and Associates regarding projections of tax abatement revenue on pages 31 through • Ehlers and Associates spreadsheet regarding tax impacts on other properties if Fiscal Disparities were collected outside the CSM property on page • Memo from City Attorney regarding the review of business financing applications on pages • Letter from the City to Lockheed Martin regarding business financing for prospective buyers on pages -';!5 through ?)I City of Eagan c/o Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1897 RE- Application for Business Assistance Financing Dear Mr. Hohenstein: CSM Corporation is excited about its plans for development of Central Park Commons on the former Lockheed Martin site. We believe that in partnership with the City of Eagan we can make the development very special, beyond the retail-commercial component. We believe there is an opportunity to provide direct corm-nunity benefit from the project, including space for public gatherings and related infrastructure. To do so will require financial assistance from the City. We are pleased to present you with an application for business assistance financing, a proposal that we believe will meet both GSM's objectives and the broader community objectives for the City. Overview This application represents the culmination of more than 30 months of discussion between CSM and the City of Eagan for the redevelopment of the Site. Its location and size make the Site one of the prime redevelopment opportunities in the region, Using the Central Commons Area Planning as a framework, we have explored a variety of land use and site design alternatives through prior applications, the small area study (January 2013), and finally the concept plan work session with the Council (January 2014). We have gained a clear understanding of the public objectives while conveying market and financial factors that will influence the project. This process has put us fi-i a unique position of being ready to propose a market-driven project that we believe can meet the objectives of all stakeholders, but also allowing us to submit a plan that achieves even loftier goals, but requires business assistance. These efforts have led to the proposed development plan and the related application for business assistance financing. We believe there is an opportunity to provide direct community benefit from this entim-tced. project. The purpose of this letter is to describe the need for this assistance and the related public benefit. It is designed to facilitate review by City Staff and its consultants. We are in the process of preparing additional materials to be used in discussions 500 Washington Avenue South, Suite , V) 3000 Minneapolis, Minnesot a 5 4,15 Telephone: (610 395-7000 Fax: (612) 395.7001 www.csincorp,net 001 Central Park Commons Business Assistance Financing Application April 22, 2014 Page 2 with the City Council. We anticipate preparing supporting information related to the assistance request based on initial discussions with Staff. Central Park Commons Development Scenarios To assist the City with evaluation of our request, the application presents information for two different scenarios. The scenarios frame the rationale for public financial assistance for this project. For each of the two scenarios, we provide project costs and source of funding, rental information, and estimated net income and return on equity. Scenario A - Market BasedlNo Assistance Scenario A represents the market based development plan. CSM is ready to proceed with the construction of this project without financial assistance from the City, Scenario A will result in the highest quality, most -unique, commercial destination in this trade area. It is an attractive, trend - setting design that addresses the majority of the City's development goals for the Site. We do not want our request for assistance with Scenario B to overshadow the fact that we are ready to move forward with Scenario A Scenario A is a high quality commercial center consisting of 434,400 square feet of retail, office and restaurant uses. The development plan incorporates feedback received from the City and strives to meet community development objectives: • Mixture of new businesses and goods/services for Eagan residence. • High quality building and site design that will enhance the area. • Site design that promotes pedestrian movement within the development, external connections with transit and trails, and connections to Central Park and the surrounding area. • Advanced stormwater management features that also serve as site amenities. • Distribution of uses to encourage shared parking. ® Public gathering places integrated into the site design encouraging longer site visits. Scenario B - Proposed DevelopmentIPublic-Private Partnership Scenario B reflects the desire of both CSM and the City of Eagan to create the best possible development on the Site. The key difference between Scenario A and Scenario B is the construction of structured parking for approximately 400 spaces and enhanced public plaza space. Scenario B effectively replaces industry-standard quantities of surface parking with below grade ramp parking and allows greater development density on the Site, keeping with I Central Park Commons Business Assistance Financing Application April 22, 2014 Page 3 the City of Eagan's guiding documents. This creates a more urbanized, unique design that further enhances the sense of "place" and creates public gathering opportunities amongst closely grouped buildings. These outcomes are not possible by relying solely on surface parking. The addition of structured parking and plaza space allows the project to transform from a high quality commercial area into a distinct destination with greater benefits for the community. Among the enhancements that are possible with the replacement of surface parking are: • More intense use of this critical development site. Scenario B provides 50,200 square feet of additional development producing more businesses, jobs and tax base. 0 Structured parking reduces surface seas of parking and creates a more cohesive character due to higher densities, • Creates more street-lined buildings and urban realms, additional landscaping, better building orientation, more connecting public places and addition of plaza area. • Enhanced restaurant "district" that strengthen the identity of the project as a destination and distinguish it from other commercial areas. • Superior pedestrian movement within the site. Parking opportunities are closer to storefronts, Overall, Scenario B succeeds in. achieving the majority of development principles set forth in the Central Commons Area Plan, Small Area Study and Council work session. TI-lese characteristics are more clearly illustrated with the development graphics that are being created and will be provided to the City in the near future. The ability to achieve these benefits is constrained by financial realities. The additional development does not produce sufficient income to offset the 23% (approximately $19.7 million) in additional project costs. Scenario B is not financially feasible without financial assistance from the City. This situation is comparable to the experience of the City with the Cedar Grove redevelopment, Structured parking was needed to achieve similar development objectives, At Cedar Grove, the City issued bonds and financed construction of the City-owned district parking facility, which included a developer contribution. Our request does not seek a City-financed/City-owned parking structure with the related risk. Instead, we seek financial assistance needed to offset the additional project expense at a level needed to make the project financially feasible. P Central Park Commons Business Assistance Financing Application April 22, 2014 Page 4 Requested Assistance We request for financial assistance in the amount of $10,000,000 (present value), This amount represents the additional funding needed to create a return on equity equivalent to the market based development plan in Scenario A. We believe this assistance can be generated through the use of tax abatement from the City's portion of property taxes from the project on a pay-as-you- go basis over a 20 year period. CSM assumes all risk in this approach. We will make the additional up-front investment and receive reimbursement only if the project produces sufficient property value to support the projected tax abatement. We would welcome a discussion of other strategies the City has for achieving this result. Attachments to this letter contain the pro forma and supporting materials for both Scenario A and Scenario B and demonstrate the need for the requested financial assistance. Summary We appreciate the City's interest in this project and your willingness to consider this request. We view this request as a public/private partnership, rather than financial assistance. CSM is ready and willing to build the project described in Scenario A. The financial partnership with the City will allow the project to produce greater benefits for the community. We look forward to continued discussions on how to use this investment to achieve the greatest possible public benefit from the redevelopment of the Site. We believe the next step should be a meeting with City Staff (and its consultants as -needed) to discuss their initial review of this request. It is important to understand and address Staff concerns before proceeding to the City Council consideration process. Please contact John Johannson or Drew Johnson to schedule a meeting or to request any additional information needed to facilitate the review. With regards, CSM Eagan, L.L.C. John Johannson Manager Central Park Commons Business Assistance Financing Application April 22, 2014 Page 5 Attachments: A. City application form B. Preliminary plans and drawing of project C. Estimated Return on Equity, Scenario A and Scenario B D. Consolidated Construct Cost Schedule, Scenario A and Scenario B E. Scenario A Pro Forma Income Statement F. Scenario B Pro Forma Income Statement G, Scenario A Projected Annual Net Rent by Tenant H. Scenario B Projected Annual Net Rent by Tenant ID' CITY OF EAGAN APPLICATION BUSINESS ASSISTANCE FINANCING GENERAL INFORMATION. Business Name: CSM Properties _ - -� x V Date: t ri122, 2014 Address: 500 Washington Avenue S., Ste 3000, Minneapolis, MN 55415 Type (partnership, etc,): Corporation Authorized Representative: John Johannson Phone: 612 -395 -7055 Description of Business: heal estate development. Legal Counsel: CSM General Council, Attorney: Joel Reitz Address: 500 Washington Ave. S., #3000, Phone: 612- 395 -7162 Minneaolis, MN 55415 FINANCIAL BACKGROUND 1, Have you ever filed for bankruptcy? No 2. Have you ever defaulted on a loan commitment? No 3. Have you filed for conventional financing for this project? No 4.. List financial references: a) * pr iect will be 100 % equity and private financed, References provided as necessai W„ b) ._,. . ........ ............... ........ .__.._.. ,.._ ..._ ...... .... ... .............. ................ --. M. ....... _._ m_.._.......... �......................_..�..._ .�._......._..........- C) ....................................................._.......................... .................._.__...__..._ __._....._...... _ . __ .... _.... .__._..._..................__.� __ ......._................ .............._................ ...,_ .._ 5. Have you ever used Business. Assistance Financing before? n/a If yes, what, where and when? n/a PROJECT INFORMATION 1. Location of proposed project: Yankee Doodle and Pilot Knob, Parcel 10- 79951 -01 -029 2. Amount of business assistance requested: $10,000,000 3. Need for business assistance: See explanation in acco letter 4, Present ownership of site: Owned b „applicant 5. Number of permanent jobs created as a result of project: 1500 -1700, 400 construction jobs 6. Estimated annual sales: Present: n/a Future: n/a 7. Market value of project following completion: $60,750,000 (estimated taxable market value) 8. Anticipated start date: FINANCIAL INFORMATION 2014 Completion date: _O end fa112016 1. Estimated project related costs: a) Hand acquisition $17,1116,000 b) Site development $24,234,501 c) Building cost $46,697,600 d) Equipment $0 e) Architectural /engineering fee $2,320,000 f) Legal fees $600,000 g) Off -site development costs $13,551,995 includes all other costs not included above) 'T'O'TAL: $104,520,096 M, 2. Source of financing: oJ Private financing institution h) Requested public assistant funds o) Other public funds d) Developer equity $94, TOTAL: $104,520,096 lanm submitting the business financing assistance application and related support documentation for the purposes of requesting consideration of public financial support nfmy project. l understand that the application fee ia non-refundable and that the escrow deposit vviU ba used for City staff and consultant costs associated with the review uf this application. The balance of the escrow may hc returned ifthe costs of review are less than the original deposit. T'ba escrow may he partially refundable 1y the request for assistance is withdrawn, Refunds will be made at the discretion of the City Council and be based on the costs incurred by the City prior to the withdrawal of the request for assistance. If the initial application wyunovv is insufficient 0n cover all City costs of review, l will bc responsible for additional deposits. SIGNATURE Applicant's PLEASE INCLUDE: I. Preliminary financial commitment from bank. l Plans and drawing of project. 3. Background material ofcompany. 4. Pro Forma muu1ymim 5. Financial statements. 6. Statement of property ownership 'orcontrol, 7. Payment of application fee o[$l,O8O A. Escrow payment $lU\O0V and Escrow Agreement )c5 Jon Hohenstein From: Johannson, John <John.Johannson @colliers.com> Sent: Wednesday, June 04, 2014 5:09 PM To: Jon Hohenstein Cc: Drew Johnson (djohnson @csmcorp.net); Dave Osberg; Tom Pepper; Rusty Fifield ( rfifield @northlandsecurities.com); Tammy Omdal (tomdal @north land securities.com); Coyle, Peter J. Subject: Finance Committee Meeting Jon, I have had a chance to gather comments and ideas from our team as to your inquiry regarding the observations you have outlined below. While our initial goal has been to have the hearing, and listen to the policy findings of the Committee, we obviously recognize the challenges and limitations that face the City and Committee. it is evident that we are not going to find a way to close the roughly $10 million gap. Reality is setting in -- and we know it is time to consider all options. Our thoughts, as of now: 1. All parties now agree and recognize that the tax abatement tools cannot on their own close the gap. The various levels of tax abatement capture result in widely varied assistance. The only path to a hopeful compromise will be some sharing of the effort by capturing some additional tax basis and some changes to the plan /request. 2. We have been looking into changes that could retain the special features of the project, and retain the unique design and ambience, but result in cost savings. We believe we could reduce the size of the parking structure, slightly change the tenant mix in the center (not as many high parking demand users in the Village, fewer or different food users, reducing the size of the sit -down restaurants along Pilot Knob Road, limiting certain higher parking demand users in the proposed multi -story office /service building, etc.). While these steps could reduce cost, they can also act to reduce or limit rent — so it is a careful trade -off for us. The enhanced plan needs to meet a critical mass. 3. We have analyzed the parking structure costs, and we have found that there is a close to direct correlation between total cost and a reduction in the size of the structure. Many times, a reduction in the size of a structure does not correlate directly to an equivalent reduction in cost. In this case, with the high excavation and soil export cost, and the high structural cost, there is a nearly direct cost relationship, As such, if we were to reduce the size of the parking structure by 20 %, we could also reduce the cost by roughly 20%. We believe that a reduction in the range of 20% could still allow us to retain the unique nature of the project and design -- while delivering a meaningful reduction in the size of the economic gap. The challenge we would then tackle is to retain rental income upon the reduction in the size of the parking structure. 4. The desirable features of the enhanced plan come from the large and continuous public spaces, unique site plan design, shared parking structure available for public events, and urbanized layout and close proximity of the Village and adjoining buildings. As such, we believe that in order to preserve these features, we need to find a way to construct and accommodate all the structures shown on the plan. Taking away leasable area in the Village will only enlarge the gap and impact the unique characteristics of the plan. This goal will present a bit of a leasing challenge for us that we are trying to analyze now. As such, in general, there are some adjustments that we are willing to pursue. If, following the Finance Committee meeting and our analysis of their recommendation, we are able to more closely identify the size of the gap, then we will have a clear understanding of the size of the challenge and we can then determine what changes to the plan would be necessary. If it results in a plan that is still financially feasible, then we would i MCP proceed with a revised version of the enhanced plan to Plan Commission and City Council. Alternatively, if we cannot find a feasible path, then we would proceed to Plan Commission and City Council with a plan without a parking structure. Without pre - judging the response from the Finance Committee, I believe we are unlikely to head to Plan Commission and City Council with a request that does not meet the recommendation of the Finance Committee. We are hopeful that this process is heading down the path of a true working partnership — where the developer wants to deliver a unique and attractive project that provides atypical public benefit, and the City can find value in the non - traditional features of the project. To that end, we will keep trying to come up with some alternatives to close the gap W.. and we would ask that the City also consider any and all other options that could help close the gap. I think our intentions are mutually supportive. Please let us know your thoughts. Thanks. JJJ John J.Johannson Welsh Companies/Colliers International 4350 Baker Road, Suite 400 Minnetonka, MN 55343 952- 897 -7750 — phone 952 - 842 -7750 — fax John.Johannson @colliers.com JJohannson @welshco.com From: Jon Hohenstein [ mailto :JHohenstein @cityofeagan.com] Sent: Friday, May 30, 2014 2:02 PM To: Johannson, John Cc: Drew Johnson (djohnson @csmcorp.net); Dave Osberg; Tom Pepper Subject: Finance Committee Meeting John, Thanks for the call this morning and the chance to visit. I shared the schedule challenges next week and the week following with Dave and he and I exchanged emails and realized the Mayor, Council and some staff have conflicts most of that week, too. With the qualification we'd work together to get the complete packet together so we'd be ready to go during the week of the 23rd, what days that week would work for you? Please let us know. To clarify another point, since you indicate that you understand that abatement of the base is unlikely, but want the chance to discuss the merits of the enhanced project in the context of an abatement district where fiscal disparities is collected outside the district, is it fair to infer from that CSM would be able to proceed with the enhanced development plan if the public financing assistance were in the $5.5m -$6m range as outlined by the Ehlers analysis of the various assumptions? Please let us know that, too. Thanks. Jon Jon Hohenstein I Director of Community Development I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651- 675 -5653 1651-676-5694 (Fax) I jhohenstein ).cityofeagan.com City of Eap THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL. and is thus for use only by the intended recipient. 2 l9 Central Park Commons Public Finance Committee Meeting June 23, 2014 Applicant's Discussion Outline 1. Outline of Proposed Development Project A. "Market" site plan. B. "Enhanced" site plan. C. Colored project renderings. 2. Public Benefit and Enhancements with "Enhanced" Plan A. Public spaces. B. Pedestrian, bike, and path interconnectivity C. Connectivity of public and special places. D. Urbanized Village in a typically suburban design trade area. Increased density can only happen with structured parking. E. Unique spaces for themed holiday improvements and decorations. F. Increased density, sense of place, benches, a place to linger, etc. G. Public access to parking —structure and surface. 4th of JUly, special events, nearby Community activities. H. Welcoming to art shows, groups, music, holiday vendors, etc. I. Improved synergy and unique appeal to unusual tenants /operators. J. Dynamic sign opportunities — public announcement, etc. 3. Satisfaction of Key Elements of Small Area Study A. Both plans address bulk of goals contained in the Central Commons Area Plan. B. Comparison chart — grading both site plans. 4. Developer's Application /Request A. Will do Market Plan without any financial assistance from City. B. Enhanced Plan is not financially feasible without City assistance - $10M gap to achieve yield as market plan. C. Maximum possible assistance using Tax Abatement is not sufficient to eliminate gap. D. Consultants for the City and Developer agree on methodology, calculations, and findings. E. Potential adjustments to Enhanced Plan by Developer can narrow gap, but will still need Tax Abatement assistance that includes the Fiscal Disparities contribution. TAI A Jon Hohenstein From: Johannson, John <John.Johannson @colliers.com> Sent: Thursday, June 19, 2014 7:32 PM To: Jon Hohenstein Cc: djohnson @csmcorp.net; Rusty Fifield ( rfifield @northlandsecurities.com); Tammy Omdal ( tomdal @northlandsecurities.com); Coyle, Peter J.; Natina James (Natina. Jam es @rsparch.com); Bob Lucius (bob.lucius @rsparch.com); Bill Wittrock (bill.wittrock @rsparch.com); mkronbeck @alliant- inc.com Subject: Central Park Commons - Color Renderings - for Finance Committee Meeting, June 23, 2014. Attachments: 140619 — CPC — finance renderings only.pdf Jon, Here is a set of 6 colored renderings depicting the proposed Central Park Commons development. Please not that there are two new ones that we have not presented previously; 1. The first one depicts the streetscape side of the proposed grocery anchor. We think it is important to depict that there is no loading or drive lane proposed behind the building at this prominent intersection — and we have endeavored to create a desirable and welcoming pedestrian entry into the property from the intersection. 2. The second new one depicts the corner of Yankee Doodle and Pilot Knob. Given the grade change on the site, and the necessity to place the floor level of these buildings substantially below the grade of the adjoining streets, we have been careful to make sure that there are no views onto the roof of these buildings from the adjoining roads — and we also have prepared a design that extends the parapet walls of this corner building substantially higher than is typical. Our rendering depicts our effort to not have it look merely like a high parapet stem wall, but rather an attractive and dynamic elevation that appears as an at- grade, human scale structure. We can quickly describe it in more detail next week. Finally, I believe that from these renderings, we can describe what we be different between the two alternative site plans. Without the parking structure, several of these renderings would not change at all — and that is our goal. We want the council to find it to be attractive whether we move forward with the Market plan or the Enhanced plan...... Let me know if you have any suggestions or questions. I will bring multiple several sets of colored 11x17 copies to the meeting as well. We will also have colored site plans, and a couple of other items for you tomorrow. Thanks. JJJ John J. Johennson Welsh Companies /Colliers International 4350 Baker Road, Suite 400 Minnetonka, MN 55343 952- 897 -7750 — phone 952 -842 -7750 — fax John.Johannson@colliers.com JJohannson@welshco.com M p z' Q a a CL G O c5 Ow V� Y �:EN a� z a W Y.:. Z 6 ill 15 OEM. r --�i� � :�' = z w_ J O O m w W ; 2 0:*6 JQ d: z Z O O� V� r Y 2E C-4 awl W W C7 CO) Z C0 G 0� zo Lf. y Z a. W , W � Y J " �J Z W U W tJ J_ 0 } Z W 7 0 F- Cc Cc z w N . z_ 0 5 E 0_ U `T A W W 7 X..:;... J$ J z W U aN W N � J Cl) w N N a M QLr) 'Mch N O W } _ O .O Y Y CN D Q W M ::E::, w O N F-- rF--- 00 O O - � d' OJ O O Ul) W r - N Z w 7 Z _Z O m F� Z N t~iJ N W Off. y 9 Y Z Y S Lj R ~ter 7 [C oC C7 W Q Y Y O J -- Z m CL ri O m a-- vi —3 cc n. r, co 00,00 F- tl— _ CENTML WAY r4 F4 El h i , O....... _. U � • RETAIL i, • - ' 112,000 SF TOTAL r O 42.000ESF TOi u c ll sm, MUM v )0.000 sf TOTAL 8 .. O na � ,nv v .,'a YAhCEE LbLYXEhVAD w nu •jai •o+ ` � _ «xi.u. v xw _ . YAMt'fE�E/,G•10 J ll.l � W � U W N O =O O O a Q a OC Lr? N O N Q Y Y Q FQ Z m N m 1 o N �(o U a W N az z a QLLo a z � a_ W y W O IL U F C:I a ? U N ��ii +�:: �'9i CfMiNL PPfifVAY ��/ '\. �� �e••'1 \0^� „u C` 10 I POW I ETA L r 112.000 S( TOTAL l RETAIL I a2 B00 5( i0t 0 rz<e.m 0. NE all a„ IIl RETAL �I� 70.000 SF TOTAL 39 a ....0 w - -- YAM10. "EE�^CEFDAD � W W = m U IL Q N � O � m F O � o a1� a li Y M OC L? N z N a z z m H Z m N m Lo N 09 Special City Council Minutes January 14, 2014 Page 2 Mayor Maguire thanked the legislative delegation for attending the meeting and thanked them for their service to the community. V. CENTRAL PARK COMMONS APPLICATION City Administrator Osberg introduced the item noting the applications were scheduled to be heard by the City Council at its meeting of November 19, 2013. At that time, the developer's representative submitted a letter requesting a continuance of the item to a Council workshop meeting to permit discussion of the proposed development outside the context of formal actions on the applications. The Council accepted the request and the matter is being discussed at the January 14, 2014 workshop. Osberg noted no action is expected at this time; rather, the matter is being presented for discussion and direction. City Attorney Dougherty overviewed the parameters for the discussion in consideration of the fact that a development application is in process. CSM representatives Peter Coyle and John Johannson provided a presentation on the base plan that had been reviewed by the Advisory Planning Commission (APC) and two plans that represented possible responses to the comments by the APC for the Council to review and provide feedback. Bob Lucius with RSP provide a presentation on some of the details of the third plan that further addresses the needs of creating a gathering space, pedestrian linkage and enhancing the shopping experience in a "village" form. Mr. Lucius noted the plan includes an outdoor events area within the village with additional outdoor patio seating for the restaurant areas in the northeast corner of the development. The Council discussed the plans and provided feedback. The Council was in agreement that Plans 2 and 3 have potential and are closer to the Council's vision. Councilmembers expressed interest in the revised internal road and pedestrian layout as means of providing better connections within the elements of the site. Councilmember Hansen encouraged the developer to explore transit options for the site with the Minnesota Valley Transit Authority. Councilmember Tilley and Hansen agreed it was Important to see more green space. The Council was in agreement they would be open to having a conversation on public financing and public assistance to this project. The Council agreed the potential interaction with the northeast corner and the city park across the street was important. The Council discussed the possibility of residential uses on this site and it was noted that there is already a substantial amount of residential development in the surrounding area. Mayor Maguire also noted the possibility to see options of what the site could look like over the next 20, 25 or 40 years. Councilmember Bakken noted that a project will need to address a range of issues to justify a Comprehensive Guide Amendment. Mayor Maguire added that the key themes from the February 2013 workshop were the importance of a project being distinctive as compared to other retail developments, particularly as it pertains to pedestrian improvements and walkability. Mayor Maguire summarized the discussion by noting that the second plan, which would not require public financing assistance, could be an option for the site. He reiterated that the City could also be open to exploring the possibility of public financing through the financing assistance application process as it could pertain to the third, more intense, development plan. The Council took a 10 minute break. �M MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 12, 2013 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Fields and Tilley. Councilmember Bakken and Hansen were absent. City Staff present: Assistant City Administrator Miller, Director of Community Development Hohenstein, and City Attorney Dougherty. 1. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye:3 Nay:0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. CENTRAL COMMONS AREA SMALL AREA STUDY — LOCKHEED MARTIN PROPERTY Director of Community Development Hohenstein introduced the item noting on December 4, 2012, the Council authorized Hoisington Koegler Group (HKG) to prepare a Small Area Study to determine the best future uses for the site. As part of its preparation, HKG prepared of the City's Comprehensive Guide Plan update, HKG prepared several concept examples of ways in which existing developments within the area might be intensified or modified if the opportunity arose. No plan was prepared for the Lockheed Martin parcel as part of the update, because there was no expectation at the time that the company would sell the property. Hohenstein noted in preparing the Small Area study, HKG considered not only the City's Comprehensive Guide Plan Central Commons Area Special Area Plan, but also background from the analysis of the original application by the owner, CSM, for the redevelopment of the property. Hohenstein also noted one of the assumptions that HKG used in all of their concept scenarios is a single Pilot Knob access to the property on the west as was identified in the County Pilot Knob Road Corridor study. Bryan Harjes with Hoisington Koegler Group gave a presentation on the Small Area Planning Study — Lockheed Martin site, presenting a number of alternative site concepts to help identify priorities for the property. CMS Corporation Representative Tom Palmquist, addressed the Council noting he appreciated their feedback. Palmquist noted CSM is committed to moving forward with developing the property and responded to the different concepts presented. Director of Community Development Hohenstein noted the list of questions in the Council packet are based on the policies listed in the comprehensive guide are intended to guide the Councils discussion. Special City Council Minutes February 12, 2013 Page 2 The Council responded to the questions noting their preference for a development of the site to be pedestrian friendly and with a mix of uses that is well integrated with the surrounding community. Councilmembers Fields and Tilley also agreed it was important to avoid a sea of asphalt, and cultivate a diversity of forms on the property by including buildings of varying heights. The Council said they place a high priority on the human scale policies including pedestrian orientation and public gathering spaces. Council had no expectation as to the maximum size /footprint of individual buildings including single story and multi- story, leaving that up to the developer, although it was noted that there would be concern if there were more than one large individual anchor business. The Council agreed that inclusion of one or more public streets within the development would be desirable and feel it is important to appropriately screen service and loading areas from major roadways. The Council was also in favor of structured or underground parking as a means of reducing the parking fields (of asphalt) in the development. There was no other business to be heard. IV. OTHER BUSINESS VI. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn at 7:45 p.m. Aye:3 Nay:O Date Mayor Clerk WR Memo To: Jon Hohenstein, City of Eagan From: Rebecca Kurtz and Mark Ruff, Ehlers Date: June 19, 2014 Subject: Abatement Summary and Options for Central Park Commons In response to CSM's application for business assistance for redeveloping the former Lockeed Martin site, we have provided a summary of tax abatement and updated three scenarios for providing abatement assistance for the Central Park Commons project. Tax Abatement Tax abatement is a financing tool that allows individual taxing entities to capture and use all or a portion of its local property tax revenues within a defined geographic area to finance a specified project or improvement. It allows each major taxing jurisdiction (city, county and school district) to choose to contribute its share of the taxes and limit the abatement in any manner it determines appropriate. In practice it is a rebate rather than an exemption from paying taxes. Many communities use abatement in a way similar to tax increment, so the property continues to pay its taxes in full; the community continues to receive the taxes currently generated; and, the increase in taxes after development is directed to a specific project. Tax abatement is a more flexible tool than tax increment and can be used to finance development and redevelopment projects, public infrastructure, and public facilities. In addition, while not widely used, entities have the ability to abate existing taxes. Term and Limits If all three taxing entities participate in abatement, the maximum term is 15 years. However, if only one or two entities participate, the term is a maximum of 20 years. In any one year the TOTAL amount an entity may abate may not exceed the greater of 10 percent of the entity's net tax capacity or $200,000. The 2014 net tax capacity for Eagan is 66,384,787; therefore, the City may abate up to $6,638,478, less the assistance provided to DataBank, annually. Abatements are special tax levies. The amount of the abatement must be added to the total levy for the current year, and must be included in the proposed levy for Truth in Taxation as well as the certified levy. Em -84 EHLERS nW LEADERS IN PUBLIC NNANeg Minnesota. Offices also in Wis,,00nsin and Illinois � , phone 651-697-8600 fax 661 -691 -8555 tall troo € 00- 559, 1171 wir .ehler -ilk ,COCK 3060 Gantre Pointe Drive Roseville, MN 66113 -1192 Process to Establish Abatement After identifying the details of the abatement -- including the amount of assistance, term and the parcels for abatement -- a public hearing with at least a 10 day published notice must be held by each entity granting the abatement. The entity is then required to adopt a resolution approving the abatement. The adopting resolution must include the following: (1) Term of the abatement; (2) Statement of public benefit expected to result from the abatement; (3) Required findings; and (4) Schedule of repayment of deferred taxes (if applicable). Abatement Options Based on CSM's application and discussions with the City, we have drafted three scenarios for abatement assistance: (1) Fiscal disparities from within the district; (2) Fiscal disparities from outside the district; and (3) Abatement of the increase in value of the enhanced project. With each of the scenarios we have used the following assumptions: ■ Tax abatement district established in 2014 • Development completed in one phase in 2015 (18 months after establishment of the district) • Completed market value of $72,690,000, ($150 /SF) based on discussions with the Dakota County Commercial Assessor on May 13, 2014. • City only abatement of the increase in taxes • Term of 20 years • No inflation • Present value rate of 5.5% The following chart outlines the estimated abatement: We will be at the meeting on June 23 to address any questions. Thanks. Annual Total Present Value of Assistance Assistance Assistance Fiscal Disparities within District $298,218 $5,964,352 $3,400,649 Fiscal Disparities outside of District $487,043 $9,740,867 $5,553,876 Abatement of the difference between the base $35,096 $701,914 $400,205 proposal and enhanced development We will be at the meeting on June 23 to address any questions. Thanks. Issuance ce Services L -1 I.. ..... E J ............. ........................... ............................... .. ............................... ............................... Number of Years Average Interest Rate Estimated Bond Rating City of Eagan, Minnesota Estimated Tax Impact June 19, 2014 Excludes Fiscal Disparities Ratio 0 0.00% mULum net iax ,apauny - ruyaum tvm 00,089,101 Debt Levy @ 105% - Average 1645554 Estimated Tax Capacity Rate: Payable - 2014 Without Proposed Bonds 38.250% Payable - 2014 With Proposed Bonds 38.537% Estimated Tax Rate Increase 0.287% With FD out Tax Capacity 65, 891,125 Levy New Rate 25, 392,181 38.537% The figures In the table are based on taxes for new bonded debt only, and do not include tax levies for other purposes. Tax increases shown above are gross increases, not including the impact of the state Property Tax Refund ( "Circuit Breaker') program. Many owners of homestead property will qualify for a refund, based on their income and total property taxes. This will decrease the net tax effect of the bond issue for many property owners. Prepared by Ehlers 6/19/2014 r� is EHLERS LEADERS IN PUBLIC FINANCE TAX IMPACT ANALYSIS „ ; Estimated ; :. ; Market Value Taxable Net Tax .- Current Proposed ' - Proposed Type of Pro a Market Value. _ .' Exclusion Market Value . :Capacity, , -, - - City Taw Taz Increase *.% City Taz:- $ 50,000 $ 20,000 $ 30,000 $ 300 $ 114.75 $ 0.86 $ 115.61 75,000 30;000 45,000 450 172.13 1.29 173.41 100,000 28,240 71,760 718 274.48 2.06 276.54 125,000 25,990 99,010 990 378.71 2.84 381.55 Residential 150,000 23,740 126,260 1,263 482.94 3.62 486.56 Homestead 175,000 21,490 153,510 1,535 587.18 4.40 591.57 200,000 19,240 180,760 1,808 691.41 5.18 696.59 225,000 16,990 208,010 2,080 795.64 5.96 801.60 250,000 14,740 235,260 2,353 899.87 6.74 906.61 300,000 10,240 289,760 2,898 1,108.33 8.30 1,116.64 $ 100,000 $ - $ 100,000 $ 1,500 $ 573.75 $ 4.30 $ 578.05 200,000 200,000 3,250 1,243.13 9.31 1,252.44 Commercial /Industrial 300,000 300,000 5,250 2,008.13 15.05 2,023.17 400,000 400,000 7,250 2,773.13 20.78 2,793.90 500,000 500,000 9,250 3,538.13 26.51 3,564.63 1,000,000 1,000,000 19,250 7,363.13 55.17 7,418.29 Apartments $ 200,000 $ $ 200,000 $ 2,500 $ 956.25 $ 7.16 $ 963.41 (4 or more units) 300,000 300,000 3,750 1;434.38 10.75 1,445.12 500,000 500,000 6,250 2,390.63 17.91 2,408.54 $ 150,000 $ 23,740 $ 126,260 $ 1,381 $ 528.35 $ 3.96 $ 532.31 400,000 23,740 376,260 2,631 1,006.47 7.54 1,014.01 Agricultural 500,000 23,740 476,260 3,131 1,197.72' 8.97 1,206.70 Homestead *" 600,000 23,740 576,260 3,631 1,388.97 10.41 1,399.38 800,000 23,740 776,260 4,631 1,771.47 13.27 1,784.74 1,000,000 23,740 976,260 5,631 .2,153.97 16.14 2,170.11 Agricultural $ 1,500 $ - $ 1,500 $ 15 $ 5.74 $ 0.04 $ 5.78 Non - Homestead 2,000 2,000 20 7.65 0.06 7.71 (dollars per acre) 2,500 2,500 25 9.56 0.07 9.63 $ 100,000 $ $ 100,000 $ 1,000 $ 382.50 $ 2.87 $ 385.37 Seasonal /Recreation 200,000 200,000 2,000 765.00 5.73 770.73 Residential 300,000 300,000 3,000 1,147.50 8.60 1,156.10 400,000 400,000 4,000 1,530.00 11.46 1,541.46 The figures In the table are based on taxes for new bonded debt only, and do not include tax levies for other purposes. Tax increases shown above are gross increases, not including the impact of the state Property Tax Refund ( "Circuit Breaker') program. Many owners of homestead property will qualify for a refund, based on their income and total property taxes. This will decrease the net tax effect of the bond issue for many property owners. Prepared by Ehlers 6/19/2014 r� is EHLERS LEADERS IN PUBLIC FINANCE D Dougherty, Molenda, Solfest, Hills & Bauer P.A. OUGHERTY MOLENDA ate. Attorneys I Advisors MEMORANDUM To: Jon Hohenstein, Community Development Director From: Mike Dougherty Date: 10/31/2013 Re: Finance Committee Discussion 7300 West 1.47th Street Suite 600 Apple Valley, MN 55124 (952) 432 -3136 Phone (952) 432 -3780 Fax www.dmshb.com This Memo is in response to your inquiry regarding the extent that the members of the Finance Committee may have discussions with CSM in light of the pending applications submitted by CSM for land use approvals. The Finance Committee is charged with conducting a preliminary review of CSM's request for public financing assistance in the redevelopment of the Lockheed Martin site. As in any review or comment on a land use proposal or application that may come before the City Council or the Economic Development Authority, the members of the Finance Committee cannot state how the member may vote on the issue prior to the matter being heard by the full body. This caution stems from the fact that the court has found that often times the City Council acts in a quasi-judicial manner when making decisions affecting an applicants' property rights. Due process requires that a fair and impartial public hearing be held. Unlike its land use requests, CSM's application for public financing (i.e. tax abatement) does not affect its property rights. CSM's application involves a purely legislative function of the City and in such role, the members of the Council may seek out and /or comment upon any information that is related to the legislative function (whether to grant tax abatement). While the line is not necessarily bright, it is our opinion that the members of the Finance Committee may inquire about or comment upon any aspect of CSM's applications that may be directly or indirectly affected as a result of potential tax abatement. Such statements may include comments on the public policy of tax abatement in general and to what degree of public benefit is derived by its use in connection with CSM's proposal. The overall caveat being that the members of the Finance Committee continue to refrain from articulating how they would vote on the pending land use applications. If you have any questions, please give me a call. Otherwise, I will be attending the Finance Committee meeting and will be able to answer any questions. cc: Dave Osberg 3q Mike Maguire February 10, 2011 Mayor Paul Bakken Tom Green and Mary Pat Barr Cyndee Fields Lockheed Martin Gary Hansen 100 S. Charles Street, Suite 1400 Meg Tilley Baltimore, MD 21201 Council Members Dear Tom and Mary Pat, Thomas Hedges City Administrator Thank you again for the telephone update regarding Lockheed Martin's revised approach to receiving and considering proposals for the sale and reuse of the company's property at the intersection of Pilot Knob and Yankee Doodle Roads in Eagan. It is exciting to know that the property has attracted so much interest so soon, When we first spoke, we had understood you intended to list the property with a broker to test the market in the property's current configuration. Prospective buyers could then approach the City to discuss or Municipal Center propose reuse and /or redevelopment alternatives prior to making formal offers to purchase, 3830 Pilot Knob Road Our current understanding is that you are receiving multiple offers for direct purchase and Cagan, MN 55122 -1810 that you expect that the sale Gould occur prior to the submittal of requests for zoning or 651.675.5000 phone development changes, even though the prospective buyer may be basing its offer on those 651,675.5012 fax assumptions. 651.454.8535 TDD We have shared that it has been our experience that most prospective owners and developers Maintenance Facility who intend to propose changes requiring City approvals make contingent purchase offers. 3501 Coachman Point You have shared that it would be your preference to complete the sale without Eagan, MN 55122 contingencies, so the company will not be involved in any entitlement considerations, 651.675,5300 phone Understanding that, we need to put in writing the expectations we discussed last week and 651.675,5360 fax refer to the City's Comprehensive Guide Plan policies for the Central Commons Area and 651.4.54.8535 TDD ask that you forward this information to the prospective buyers, so they do not make proposals on the basis of inaccurate or mistaken perceptions, www.oltyofeagan.com . The Lockheed Martin property is currently guided Major Office and zoned Research and Development. The City of Eagan and State of Minnesota have valued the presence of high quality, primary sector jobs at this location for forty -five years and we will work closely and cooperatively with an owner, business or businesses who would continue to use the site in the same way, For that reason, a buyer who intends The Lone Oak Tree to reuse or market the property as a corporate facility or campus within those The symbol of parameters would be able to do so provided any modifications to the site conform to strength and growth the related zoning, subdivision and land use standards, In our community. • A buyer who intends to propose other uses of the property would need to apply for both a Comprehensive Guide Plan Amendment and a rezoning of the site, neither of which may be assumed to be approved prior to the submittal and consideration of a formal application, In order to be successful, such an application would not only need to conform to the City Council's vision for the area, but substantially exceed ordinary expectations for form and function of new development, Lockheed Martin has indicated its desire not to be part of such an entitlement process, If the company were to modify that intention, the City may be open to an alternative concept plan review preceding the submittal of formal applications, but that option would not be available to a subsequent owner individually, • While infill or redevelopment of the Lockheed Martin site would require a Plan Amendment and rezoning noted above, the Comprehensive Plan does define policies for infill and redevelopment within the City's Central Commons Area, For a plan for redevelopment or infill other than office uses to be part of an amendment and rezoning application that the City might consider, it will need to; • "Support dense, mixed -use development with a range of retail, office, services, medium /high - density residential, employment and public spaces." While the 50 acre Lockheed Martin site may not be large enough to incorporate all of those elements, it is large enough to support the kind of mixed use development contemplated by the Comprehensive Plan and a proposal that would only provide for one or two of those elements would not be consistent with the Comprehensive Plan, • "Require high - quality design of sites and buildings that creates a cohesive identity for the Central Commons Area and offers flexibility that can respond to change in uses over time, Strive for pedestrian -scale buildings that are two to four stories in height," The Comprehensive Plan creates an expectation for vertical development throughout the Central Commons Area, Nowhere would the need to meet that expectation be greater than at its major intersection, • "Strategically place buildings toward the street with parking behind to help create clearly defined streets and the public realm," and "Utilize a shared or district parking approach to minimize the amount of spaces and size of parking lots, Where possible use structured or underground parking," The property is uniquely situated along two major roadways and Central Parkway, The fifty acre site would permit such a design scheme in either an infill or redevelopment approach. The current building already has an underground parking element, j�Q • "Capitalize on opportunities to create and enhance pedestrian connections," The Comprehensive Plan is supportive of strong integration of pedestrian and transit connectedness, particularly in the context of the MVTA Transit Station, Central Park, the Ring Road and the City's roadside transportation trail system, The Comprehensive Plan is not supportive of relying only on traditional, suburban single use plans or design schemes, • Address other Comprehensive Plan policies for the Central Commons Area, • The Pilot Knob and Yankee Doodle Road intersection is one of the most highly traveled, highest visibility locations within the community and the City understands its attractiveness to prospective buyers who may have a number of different visions for it. Because the site is being made available as a result of a company decision to close the facility and relocate operations outside of Eagan, it would not be appropriate for the City to provide public financing assistance for the redevelopment of the property, That would unfairly subsidize the relocation at the expense of the City's remaining taxpayers. The price of the property will need to be appropriate to permit the buyer to reuse the property in a way that will be acceptable to the City as well as economically feasible for the new owner, This information is being provided, not to diminish the process you are pursuing, but to provide clarity and transparency to the process for the company and the prospective buyers, Please forward this information to them or provide us with a list of proposer contacts, so we can forward it directly to them, Working together, we are confident we can help Lockheed Martin and a future owner of the property position it for the future to continue to be the strong, positive anchor it has been for the community to date, Please contact me if you have any questions regarding this information or our request to distribute it further, Sincerely, Jon Hohenstein Director of Community Development Cc: Tom Hedges, City Administrator Agenda Memo June 23, 2014 Finance Committee Meeting IV. Fire Relief Association Pension Contribution Agreement ACTION TO BE CONSIDERED: ➢ Provide direction on terms of a proposed agreement for 2015 -2019. BACKGROUND: ➢ The City contributes a fixed amount per year per volunteer firefighter toward their pensions under a defined contribution pension plan. An additional contribution is made annually to cover the Relief Association's administrative expenses (e.g., annual audit, board member salaries). ➢ Historically, the City has entered into five -year contribution agreements with the Relief Association. ➢ The current five -year agreement expires at the end of 2014, and included 3% increases annually in the amount per firefighter, and 2% increases annually in the administrative expenses contribution. In April 2014, the City received a proposal from the Relief Association's Pension Committee for a 2015 -2019 agreement. City Administrator Osberg and Finance Director Pepper have met twice with representatives of the Pension Committee to discuss. ➢ After those discussions, and a subsequent meeting of the Pension Committee, the Pension Committee is agreeable to the City Administrator's suggestion to present a proposal to the Finance Committee that would mirror the current agreement: 3% annual increase per firefighter, and 2 % annual increase for administrative expenses. ATTACHMENTS: ➢ Existing agreement covering the period 2010 -2014 on pages through GONTRII UTION'. AGREEMENT T141S AGREEMENT is made and effectivc as of this — day of September, 2009, by and between The City of.I✓agan, Minnesota (the "City "), and the Eagan Firefighters Relief Association (the "Association "), hercinafter the "Parties," RECITALS 1, Dofinitipns, As used herclo, the following terms shall have the meanings set forth below, and where sold meanings arc Intended, the terms shalt be capitalized. 1.1, "Plan Year" shall mean the annual period from January 1 to December 31. 1,2. "Contribution Amoant" shall mean the contribtttionto the hund, as detoini ned In Paragraph 4 of this Agreenlont, which includes any money the City receives from the State of Minnesota or its subdivisions as well as money from. City tax revenues, 1.3, "Fire State Aid" shall paean any amounts received or receivable during a ° Plan Year by the City from the State of Minnesota pursuant to Chapter 69 of the. Minnesota Statutes, 9 4 "Fund" shall mean the Association's "Special Fund" as dewed by statute, 2. Term and Effective pate. This agreement is effective as of January 1, 2010, and shall remain effective for five (5) consecutive Plan Years, until December 31, 2014, 3. e'er Contribution. A I 2010 $6,330 l Fr16 20X1 vkki rCrvl VL6 t I-C ��ia -o, 2012 $6,716 2013 $$,917 J f 2014 $7,125 , 4, ft i1 eztt pates, The City will pay tho Contribution Amount to tho Fund for each plan year in three payments, On July 15, the City shall make the first payment of the contribution amount which shall be an amount equal to the allocation of contributions to Association members' accounts calculated for June 30 of the Plan Year under the Association's bylaws, reduced by 50% of a reasonable estimate of the Fire State Aid that will be received for tlae Plan Year. The second payment skull consist of fluids received by the City pursuant to State Statute, The balance awed of the contribution amount, shall be made by the City on January 15 following the egad of'tile, Plan Year, t2 S, Year Ex e�nses, 2010. ttAdministrative ,'p� $29,050 j 2011 , $29,631 Y 2012 $30,223 2013 �� $30,828 2014 $31,444 6, Miaa.ellanoc�us, 6.1. Governing Law, Venue, This Agreement and the rights of the fatties shall be governod by and construed and enforced in accordance with the laws of the State of Minnesota without reference to the choice of law doctrine of such state, Each of the Parties hereto consents to venue of any suit or action wider or with regard to this Agreement in an appropriate court with jurisdiction. in Dakota County, Minnesota, 6.2. Cons cti og; So orgbil' , Wherovor possible each provision of this Agrc=ezkt is to b4 interproted in such a manner as will be effective and valid under applicable law, but if any provision of this Agreement is p;robibited by or invalid under applicable law, such provision will be ineffeetive only to the extent of such. prohibition or invalidity, without invalidating the rornainder of such provision or the rotnaining provisions of this Agreement. 6.3. Further Assuxances, The Parties hereby agree to execute any inatrutnent and to perform any acts that pray be necessary or proper to Garry out the purposes of this Agreement, including specifically,the execution by the Association of shah receipts of payment as the City rn.ay request, 6,4. Amendment, This Agreement may be amended or modified only by a writing executed by all of the Parties hereto, IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above, THE CITY OF EAGAN, MINNESOTA By: Mike Magnure, Mayor And by; Maria. Petersen, Cleric q0 EAGAN FIREFIGHTERS RELIEF ASSOICI TI By, Title;—,�—j &