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11/17/2015 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 17, 2015 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 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) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE Change Order #3 for the Fire Station Four Remodel F. APPROVE a Resolution to accept a donation from Friends of the Farm in the amount of $500 for Old Town Hall improvements G. APPROVE a Resolution to accept a grant from Walmart to be used for Shop with a Cop program H. APPROVE the 2016 Funding Application to Dakota County for the Community Landfill Abatement Funds and the Execution of a Joint Powers Agreement with Dakota County I. APPROVE the 2015-2016 Energy and Environment Advisory Commission Work Plan and Goals J. APPROVE a Resolution accepting a donation for a park bench to be located at Moonshine Park K. APPROVE Change Order No. 1 for Contract 15-10, Old Town Hall Repairs and Renovation L. DIRECT staff to initiate a rezoning of the remnant Minnesota Autism Center parcel at the southeast corner of Silver Bell and Nicols Road M. APPROVE Extension of recording the Final Plat - Cedar Grove Townhomes 2nd Addition N. APPROVE Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on January 30, 2016 at 3355 Columbia Drive 0. APPROVE Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School on January 30, 2016 at 3355 Columbia Drive P. AWARD Contract 15-11, Well #22 Development Q. APPROVE Electrical Service Agreement for East Thomas Lake Aerator —1380 Wilderness Run Drive R. ACKNOWLEDGE Completion and Authorize City Maintenance Project 14-D (Long Acres 3rd Addition) S. APPROVE Telecommunications Lease Amendment Agreement with AT&T T. APPROVE a two-year Subrecipient Agreement between the City of Eagan and the Dakota County CDA to administer CDBG funded activities V. PUBLIC HEARINGS A. VARIANCE -Central Maintenance Facility -A Variance to the exterior building material standards located at 3501 Coachman Point B. APPROVE Final Assessment Report for Project No. 1141— Elrene Road —Street Improvements C. APPROVE Final Assessment Report for Project No. 1163 —Pines Edge 1st Addition — Street Improvements D. APPROVE Final Assessment Report for Project No. 1164 — Red Pine Lane (TH 3 to Weston Hills Drive) —Street Improvements E. APPROVE Final Assessment Report for Project No. 1159 — Duckwood Drive (Denmark Avenue to Lexington Avenue) F. APPROVE Final Assessment Report for Project No. 1167 —Thomas Lake Road (Cliff Road to Diffley Road) - Street Improvements G. APPROVE Final Assessment Report for Project No. 1170 — Wilderness Run Road (Pilot Knob Road to Capricorn Court) - Street Improvements H. APPROVE Final Assessment Report for Project No. 1175 — Northwood Parkway & Promenade Avenue - Street Improvements VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING for Minnesota Investment Fund Application for Prime Therapeutics Expansion at 1305 Corporate Center Drive F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT Ahm- City of Evan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: NOVEMBER 13, 2015 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 17,201S CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 17, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 17, 2015 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 November 2, 2015 regular City Council meeting as presented or modified. Attachments: (1) CA -1 November 2, 2015 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 2, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. A regular meeting of the Eagan City Council was held on Tuesday, November 2, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. Also present were City Administrator Osberg, Director of Communications Garrison, Director of Finance Pepper, Parks & Recreation Director Johnson, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of October 13, 2015 Special City Council meeting and October 20, 2015 regular City Council meeting as presented or modified. B. There were no personnel items. C. It was recommended to ratify the check register dated October 16 and 23, 2015 as presented. D. It was recommended to approve the ordinary and customary contracts for the Art House Pottery and Art Sale. E. It was recommended to cancel the November 10, 2015 Special City Council meeting. F. It was recommended to approve an On -Sale Liquor and Sunday Liquor License for D3 Investments Inc., doing business as Trail Stop Tavern at 525 Diffley Road. G. It was recommended to adopt a resolution approving an Exempt Permit for Ducks Unlimited south Metro Flyway Chapter 330 to conduct a raffle on January 30, 2016 at 3010 Eagandale Place. H. It was recommended to adopt a resolution approving an Exempt Permit for Pheasants Forever Metro Area Chapter 11 to conduct a raffle on January 10, 2016 at 4899 Brooklyn Lane. I. Item was removed. J. It was recommended to approve an extension of time to record the Final Plat for Boulder Lakes 3rd Addition. City Council Meeting Minutes November 2, 2015 2 page K. It was recommended to approve Change Order No. 1 to Contract 15-03 (2015 Water Quality Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the final payment for Contract 15-03 (2015 Water Quality Storm Sewer Improvements) in the amount of $13,591.35 to Minnesota Dirt Works, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. Item was removed. N. It was recommended to approve a Letter of Support for the 2015 Cedar Avenue Transitway Implementation Plan Update Report as presented. 0. It was recommended to approve a public right-of-way easement over Lot 1, Block 1, Central Park 2nd Addition for Project 1095, Pilot Knob Road (CSAR 31) — Roadway Improvements and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve Change Order No. 1 to Contract 15-12 (Witham Lift Station — Sanitary Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to receive the petition to vacate a public drainage and utility easements on Lots 1 & 2, Block 1, Oakbrooke 81h Addition, and schedule a public hearing to be held on November 30, 2015. PUBLIC HEARINGS Final Assessment Roll for Street Improvements, Project 1157, Blackhawk Hills and Blackhawk Hills 2nd Additions, Project No. 1162, Mallard Park 3rd & 4th Additions, Project No. 1165, Rooney Addition, Project No. 1169, Wilderness Run 1St & 3rd Additions, Project No. 1159, Cedar Grove 8th Addition Director of Public Works Matthys noted Project No. 1157, Project No. 1162, Project No. 1165, Project No. 1169, and Project No. 1159 were mill and overlay projects in residential neighborhoods. The Final Assessment Rolls were presented to the City Council on October 6, 2015, with a public hearing scheduled for November 2, 2015. Matthys noted all notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve the Final Assessment Rolls for Project 1157, Blackhawk Hills and Blackhawk Hills 2nd Additions, Project No. 1162, Mallard Park 3rd & 4th Additions, Project No. 1165, Rooney Addition, Project No. 1169, Wilderness Run 1St & 3rd Additions, Project No. 1159, Cedar Grove 8th Addition Street Improvements, and authorize their certification to Dakota County for collection. Aye: 4 Nay: 0 City Council Meeting Minutes November 2, 2015 3 page Consent to issuance of Educational Facilities Revenue Bonds by the City of Hugo for a Minnesota Autism Center project in Eagan Mayor Maguire introduced the item noting the Minnesota Autism Center (MAC) will be expanding in Eagan by building a new 48,000 sq. ft. facility at the southwest corner of Silver Bell Road and Tesseract Place in the Cedar Grove Redevelopment District. The project will be financed by tax-exempt revenue bonds to be issued by the City of Hugo. Mayor Maguire noted generally, a city may not issue bonds for a project outside its jurisdiction, however, under Minnesota Statutes; the city in which the project is located may give its permission for another city to issue the bonds. City Administrator Osberg added the City of Eagan is being asked to consider "host approval" of a resolution that will consent to the City of Hugo selling about $8,800,000 of tax exempt revenue bonds to finance the Minnesota Autism Center project that will be constructed in the City of Eagan. Director of Finance Pepper was available for questions. Catherine Courtney from Briggs and Morgan, Veronica Legan from MAC, and Mark Schuler from Wells Fargo were available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the hearing and approve a resolution consenting to the issuance of educational facilities revenue bonds related to the Minnesota Autism Center project. Aye: 4 Nay: 0 OLD BUSINESS Residential Occupancy Standards City Administrator Osberg introduced the item noting back in August as part of the Council workshop the City Council determined they were not interested in permitting short-term rentals in residential zoning districts and directed staff to prepare an ordinance amendment that stipulates residential occupancy is for a period of not less than 30 consecutive days. Osberg noted the Advisory Planning Commission held a Public Hearing on October 27, 2015, and are recommending approval of the amendment. Mayor Maguire opened the public comment regarding residential occupancy standards. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.30 relative to residential occupancy requirements. Aye: 4 Nay: 0 City Council Meeting Minutes November 2, 2015 4 page NEW BUSINESS Conditional Use Permit — Kalifornia Pools City Administrator Osberg introduced the item noting the Council is being asked to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Court. The applicant is proposing to construct an in -ground pool and pool deck on a single family lot within the Shoreland Overlay District of Fish Lake. City Planner Ridley gave a staff report and provided a site map. The Council discussed the conditional use permit request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 3656 Pinecrest Court, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated September 30, 2015 2. The impervious surface of this lot shall not exceed 33% per the Site Plan dated September 30, 2015. 3. The applicant shall construct the pool and required infiltration basin by July 1, 2016. The applicant shall also provide a financial guarantee in the amount of $3,000, prior to the release of the CUP, to ensure installation occurs per the approved plans. 4. Prior to the release of the CUP for recording, the applicant shall provide a $1,000 escrow deposit for inspection of the raingarden(s) installation. 5. The proposed rain garden/infiltration basin shall be designed and constructed to effectively capture, retain and infiltrate 100% of the impervious runoff from the excess impervious surface total from a 1%, 24-hour, 7.47" rainfall event . 6. Mitigative designs shall be reviewed and accepted by the City Engineering Division and the installation shall be inspected by City staff at the time of installation. 7. As -built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 8. The applicant shall enter into a long-term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney, to be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. 9. The applicant shall discharge water from the pool (including filter backwash) in a form and manner acceptable to the Water Resources Manager. 10. The proposed rain garden/infiltration basin shall be designed and installed according to the guidelines of the Minnesota Stormwater Manual and the City of Eagan Engineering Standards Manual, and shall be constructed so that temporary ponded runoff has infiltrated below the surface within 48 hours after the end of a rain event. City Council Meeting Minutes November 2, 2015 5 page 11. The proposed rain garden/infiltration basin shall be designed to safely overflow to the front yard of the residence and shall not discharge into neighboring properties. 12. The applicant shall provide a detailed Landscape Plan, per City Code requirements, for the proposed rain garden/infiltration basin that provides plant quantities and plant spacing that will ensure 80% plant coverage by the end of year 2 after planting. Planned Development Amendment — Bald Man Brewing City Administrator Osberg introduced the item noting the applicant is proposing an 11,357 sq. ft. microbrewery and taproom with an outdoor patio of up to 60 seats located at 2020 Silver Bell Road Suites 24-29. The Council is being asked to approve a Planned Development Amendment. City Planner Ridley gave a staff report and provided a site map. Dan Jacobs, the applicant, was available for questions. The Council discussed the planned development amendment request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a planned development amendment to allow a microbrewery, taproom and up to 60 outdoor patio seats located at 2020 Silver Bell Road Suites 24-29, subject to the following conditions: Aye: 4 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plan is required for the Agreement: • Patio Plan (60 seats) 2. The outdoor dining area is subject to City Code requirements including sewer availability charges (SAC) imposed as a result of the additional seating in the outdoor dining area. 3. A Building Permit shall be obtained for the patio expansion. 4. The Building Permit application shall meet requirements for accessibility maneuverability and egress/accessible door clearances per MN State Building Code. 5. The outdoor patio gate shall comply with the Liquor Ordinance requirements. Access shall be gained solely from the building and not the exterior. 6. All on/off-sale liquor shall be subject to a separate license and compliance with City Code liquor licensing requirements. Conditional Use Permit— Keith Hurley/Nitti Sanitation City Administrator Osberg noted the site is presently occupied by a 9,400 sq. ft. building that was constructed in 2000. The Council is being asked to approve a Conditional Use Permit to allow the outdoor storage of empty roll -off containers, smaller trash containers, trucks, construction materials and equipment, and an above -ground fuel tank, on property located at 1725 Meadow View Road. City Planner Ridley gave a staff report and provided a site map. City Council Meeting Minutes November 2, 2015 6 page Bob Nitti and Keith Hurley, the applicants, were available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the conditional use permit request. The Council expressed concern over past non- compliance with the existing Conditional Use Permit. Councilmember Hansen commented on concerns raised by staff on how the extent of outdoor storage presently occurring on the property is excessive and not consistent with the storage represented on the proposed Site Plan. After further discussion the Council agreed before approval of the Conditional Use Permit they want to see the revised site plan and suggested the item be continued to a future Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the Conditional Use Permit to allow the outdoor storage of empty roll -off containers, smaller trash containers, trucks, construction materials and equipment, and an above -ground fuel tank, on property located at 1725 Meadow View Road, to the November 30, 2015 City Council meeting. Aye: 4 Nay: 0 Covington Lane and Penkwe Way/Penkwe Circle Traffic Control Modification City Administrator Osberg introduced the item noting the Council is being asked to authorize the modification of traffic control at the intersection of Covington Lane and Penkwe Way/Penkwe Circle that provides the removal of the stop signs on Covington Lane and placement of yield signs on Penkwe Way and Penkwe Circle. Director of Public Works Matthys gave a staff report and provided a site map. Mayor Maguire opened the public comment. The following residents stated their support of the removal of the stop signs: Chris Nelson, 1523 Pinetree Trail, Jianxin Zhu, 1501 Pinetree Pass, Deb Machacek, 1499 Pinetree Trail, Ping Li, 1521 Covington Lane, and Dan Crouch, 1484 Pinetree Pass. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the request. Councilmember Hansen stated because of personal reasons he is abstaining from the vote. Councilmember Fields moved, Councilmember Tilley seconded the motion to authorize the modification of traffic control at the intersection of Covington Lane and Penkwe Way/Penkwe Circle that provides the following traffic control: Removal of the stop signs on Covington Lane and placement of yield signs on Penkwe Way and Penkwe Circle. Aye: 3 Nay: 0 (Councilmember Hansen abstained) LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. City Council Meeting Minutes November 2, 2015 7 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:05 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk Agenda Information Memo November 17, 2015 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Accept the resignation of David Elbon, E -TV, Government Programming Coordinator and authorize his replacement. Facts: ➢ Mr. Elbon served over 14 years with the City of Eagan's cable television network. Item 2 Action to be Considered: Approve the hiring of the following seasonal employees: ➢ Samuel Handahl, Building Attendant 3, Civic Arena ➢ Kendal Peifer, Building Attendant 1, Civic Arena ➢ Isaac Peifer, Building Attendant 1, Civic Arena ➢ Preschool Teacher to be named to work seasonally with Parks & Recreation. ➢ Guest Services representatives to be named to work seasonally at the Eagan Community Center. Item 3 Action to be Considered: Approve the hiring of the following full time employees: ➢ Maintenance Coordinator, to be named to work full time at the Civic Arena Saundra Buenning, Part time Police Clerical 4 Item 4 Action to be Considered: Approve the Revised Vehicle and Equipment Acquisition, Use, and Replacement Policy. Facts: ➢ Since 2004, a City policy has been in place with regard to vehicle and equipment acquisition, use and replacement. ➢ A few housekeeping revisions are proposed to modernize the language of the policy. ➢ Additionally, the language pertaining to personal use of take-home vehicles has been updated to reflect State statute. Specifically, the policy has been revised to note the City could be responsible to pay the City's insurance deductible for any injuries occurring to a passenger of the vehicle, including a spouse or household member when used for personal use. Additionally, the policy states the vehicle is not available for other than de minimus personal use while being used to perform job duties and/or commuting to/from the employee's place of residence. When the vehicle is operated for de minimus personal use, it may not be used to transport passengers other than the employee's spouse or household member(s). Attachments: (1) CB -1 Vehicle and Equipment Acquisition, Use, & Replacement Policy City of Eakan Me TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: NOVEMBER 16, 2015 SUBJECT: ADDITIONAL INFORMATION / NOVEMBER 17, 2015 CITY COUNCIL MEETING PERSONNEL ITEM Item 5 Accept the resignation of Juli Seydell Johnson, Parks and Recreation Director, effective January 8, 2016 and authorize her replacement. City of Eaan POLICY VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY I. PURPOSE AND NEED FOR POLICY This policy will provide uniform criteria for all City departments and operations in the acquisition, use, and replacement of vehicles and equipment. Any deviation from the policy requires approval by the City Administrator through the annual budget and CIP review process. The City of Eagan is dedicated to managing its resources in a fiscally responsible manner. Therefore, a specific need should be demonstrated before a new vehicle or new equipment is added to the City's fleet, and every existing vehicle and all equipment should be utilized to its greatest economic extent prior to replacement. The personal use of City vehicles will be delineated to ensure proper accounting and maximum efficiencies of public purpose. The acquisition of additional vehicles and equipment to the City's overall fleet and their replacement should be only as necessary to allow the City to provide the services and perform the duties and responsibilities that are expected by the public within budgetary constraints. II. VEHICLE AND EQUIPMENT ACQUISITION POLICY The many aspects of public service provided by the City of Eagan require the use of different types of vehicles and equipment. These include: Type A (Administrative): Vehicles used primarily to transport employees to/from locations of work activity; Type B (Limited Job Assistance): Vehicles that are used to provide both basic transportation and basic assistance to employees in performing their duties. Type C (Job Assistance): More specialized vehicles necessary to assist City employees in performing their duties. Type D (Job Performance): Vehicles and equipment used to actually perform a physical function. The type of vehicle or equipment acquired shall be that which is determined to be most appropriate and cost effective for that vehicle's function or for that equipment's purpose and will be determined through the annual budget and CIP review process. A. Administrative Vehicles: Administrative vehicles shall be mid-size vehicles. Vehicles necessary to maximize personnel transportation shall be of the minivan/mid-size SUV class for 5-7 seatbelts or extended cargo van category for 8-10 seatbelts. A vehicle shall be acquired by the City of Eagan and assigned for staff transportation only if one or more of the following occur: POLICY: VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY Page 2 1.) The City has deemed it appropriate to identify the driver and/or passengers as City employees on the way to/from remote work locations or while performing their official duties. 2.) a.) A specific job description results in an employee accumulating a minimum of 10,000 reimbursable miles per year on their personal vehicle traveling to/from alternate work locations; or b.) An operational division has a cumulative staff mileage reimbursement of 12,000 miles per year or more. 3.) The City Administrator has determined that a vehicle should be provided as part of a position's responsibility and meets the requirements of state law. B. Limited Job Assistance Vehicles: In certain circumstances, City provided and equipped vehicles are necessary to allow employees to perform their job functions (i.e. protective inspections & building maintenance). In those circumstances, the City shall provide the vehicle with the necessary hauling capacity and equip it with the tools, equipment and devices necessary to allow City employees to perform their duties in the most efficient and safe manner possible. These vehicles may be assigned to specific employees or made available through a pool concept as determined to be most efficient. C. Job Assistance Vehicles: In certain circumstances, City provided and equipped vehicles used to carry and store greater quantities and more specialized equipment are necessary to allow employees to perform their job functions (i.e., squad car, Engineering survey van/inspection vehicle, utility repair truck, etc.). In those circumstances, the City shall provide the specific required type of vehicle and equip it with the tools, equipment and devices necessary to allow a City employee to perform their duties in the most efficient and safe manner possible. These vehicles may be assigned to specific employees or made available through a pool concept as determined to be most efficient. D. Job Performance Vehicles and Equipment: 1.) If a certain specialty type of vehicle or piece of equipment (i.e., fire truck, road grader, dump truck, etc.) is deemed necessary by the department to perform a specific work task, it shall be justified by the Department Director and approved by the City Administrator through the annual budget and CIP review process subject to budgetary constraints. The method of acquisition (purchase, lease, or rental) shall be determined by the Department Director, with final approval by the City Administrator or his/her designee. 2.) Specialty pieces of equipment shall be shared interdepartmentally to the greatest extent possible subject to seasonal/usage availability to avoid redundant acquisitions. POLICY: VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY Page 3 Upon approval of the CIP by the City Council, acquisition of vehicles and equipment is the responsibility of individual Department Directors in cooperation with the City Clerk. Purchases are subject to State bidding requirements and the City's purchasing policy. Use of joint/cooperative purchasing agreements is encouraged. Any deviation in purchasing protocol is to be approved by the City Administrator. III. VEHICLE AND EQUIPMENT REPLACEMENT POLICY A. Minimum Replacement Standards: City owned vehicles should not be programmed or budgeted for replacement until they have met the age, miles or hours as delineated in the targeted minimum replacement standards for the particular vehicle or equipment category (see attached). City resources are allocated on a priority basis and vehicles and equipment will not be replaced just because they have met the targeted replacement standards. Any deviations for early replacement must be justified in writing by the Department Director and approved by the City Administrator through the annual budget and CIP review process. Department Directors and supervisors are encouraged to actively pursue opportunities to rotate similar type vehicles and equipment to ensure that annual mileage/hours is equalized and to avoid older vehicles or equipment from having few miles/hours. Directors and supervisors are also encouraged to cooperate and make fleet vehicles and equipment available for other departments and functions when possible for the efficient accomplishment of City business. B. Replacement Evaluation Process: Any vehicle which is being proposed for replacement shall have a Vehicle Condition Index (VCI) (see attached) completed by the Chief Mechanic/Shop Supervisor for consideration during the annual budget and CIP review process. In addition to the age, miles, hours, and the condition index rating, operational issues will be given consideration in the annual budget and CIP review process. C. Disposition of Used Vehicles: Before a vehicle is removed from the City's fleet, the Chief Mechanic shall review all current vehicles of similar type and determine if it would be economically beneficial to switch with another existing vehicle before disposal. Disposal of all vehicles will be coordinated by the Chief Mechanic and City Clerk to determine the most economical method and time. Upon acknowledgment in the annual budget and CIP review process, and after approval by the City Administrator, vehicles may be retained for continued use by the City for a period not to exceed 9 months from the date the replacement vehicle is placed into service. IV. PERSONAL USE OF CITY VEHICLES City vehicles are not available for take home use by City employees except for the following situations: POLICY: VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY Page 4 A. Assigned, Marked Take -Home Vehicles: City employees, whose position responsibilities require them to respond directly to a work related situation from their residence outside of normal work hours, will be allowed to use a City vehicle to commute to/from their place of residence under the following situations: 1.) The need must be justified by the Department Director and approved by the City Administrator. 2.) The employee must live in the City of Eagan. 3.) The driver of the vehicle acknowledges that per State Statute, the City could be responsible to pay the City's insurance deductible for any injuries occurring to a passenger of the vehicle, including a spouse or household member when used for personal use. Therefore, the vehicle is not available for other than de minimus personal use while being used to perform job duties and/or commuting to/from the employee's place of residence. When the vehicle is operated for de minimus personal use, it may not be used to transport passengers other than the employee's spouse or household member(s). 4.) An employee of the Fire Department assigned a marked, take home vehicle must live in the City of Eagan or within the approved response area for Paid On Call Firefighters. 5.) Police officers assigned K9 vehicles or traffic enforcement motorcycles are permitted to live outside of the City of Eagan at the discretion of the Police Chief, with final approval by the City Administrator, 6.) The employee does not receive a car allowance. 7.) Job performance specialty type vehicles (Type D, e.g. fire truck, road grader, dump truck, etc.) shall not be made available for personal employee use or commuting. 8.,) For scheduled leaves of absence by the designated employee exceeding one workday, the City vehicle shall be made available for pool use and remain at the employee's normal place of work. B. Occasional Take -Home Vehicles: A city employee may occasionally use a City vehicle to travel to/from the employee's residence under the following conditions: 1.) An employee is scheduled to intermittently perform work related activities outside of the employee's normal work hours. 4 POLICY: VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY Page 5 2.) If the City employee has scheduled City business away from their normal work station and the number of miles traveled, or time needed to conduct the business, will be minimized if the employee uses a City vehicle to commute to/from the employee's residence before/after traveling to the place of business. 3.) The vehicle is not available for other than de minimus personal use beyond commuting to/from place of residence. Occasional take-home vehicles shall only be used to transport passengers as part of their official job duties. C. Unmarked Public Safety Take -Home Vehicles Public Safety personnel may use unmarked, take-home vehicles under the following conditions: 1.) Vehicles must be licensed with private passenger plates and contain no external markings identifying it as a City vehicle. 2.) Assignment of a take-home vehicle to specific public safety personnel shall be at the discretion of the Police Chief or Fire Chief, with final approval by the City Administrator, 3.) Vehicles are to be used as secondary vehicles for transporting a spouse or household member(s). Personal vehicles shall be the primary vehicle to transport a spouse or household member(s). 4.) Only City employees are authorized to drive City vehicles. 5.) The driver of the vehicle acknowledges that per State Statute, the City could be responsible to pay the City's insurance deductible for any injuries occurring to a passenger of the vehicle, including a spouse or household member when used for personal use. Therefore, the vehicle is not available for other than de minimus personal use while being used to perform job duties and/or commuting to/from the employee's place of residence. When the vehicle is operated for de minimus personal use, it may not be used to transport passengers other than the employee's spouse or household member(s). 6.) De minimus personal use is only permitted within the 7 -County metropolitan area. Exceptions can be approved by the City Administrator or his or her designee. 5 POLICY: VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY Page 6 V. CITY USE OF PERSONAL VEHICLES A. Mileage Reimbursement: 1.) All employees of the City will be paid mileage for use of their personal vehicles and the mileage rate will be in accordance with the IRS standard mileage rate. However, employees are encouraged to use available City vehicles whenever possible while conducting official City business. 2.) Normal personal commuting mileage from home to work or work to home is non - reimbursable. If an employee uses a personal vehicle to travel to a work responsibility on the way to or from work, normal personal commuting mileage shall be deducted from the total trip mileage used to calculate the reimbursement. 3.) Prior to utilizing a personal vehicle and claiming mileage, the employee should first use a City vehicle assigned to their department. If one is not available, the employee should check with other departments regarding the availability of a similar, appropriate City vehicle. B. Monthly Allowance: Department Directors, with the exception of the Police and Fire Chiefs, by virtue of their job responsibilities, are provided the options of an assigned take-home vehicle or a monthly allowance at their discretion upon approval by the City Administrator. The monthly allowance will be as set by the City Council. A monthly car allowance incurs the following conditions: 1.) The monthly allowance covers all business miles driven and all parking costs incurred within the seven -county metropolitan area. Any travel outside this region in a personal vehicle will be reimbursed according to the IRS standard mileage rate. 2.) City vehicles may be used: a. In emergencies when the personal vehicle is not available; b. For work related off-road driving when the personal vehicle would be subjected to conditions above normal wear and tear on a vehicle; c. In severe adverse weather conditions; or d. Where the department director must travel by vehicle outside the seven -county metropolitan area. C. Other Costs: Employees are responsible for all costs related to private vehicle ownership and operation. The City is responsible for all costs related to installation and maintenance of City equipment in the L POLICY: VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY Page 7 vehicle which is necessary in order that the employee may perform the position's functions. The City is also responsible for all costs related to the removal of such equipment and to the restoration of the vehicle caused by such removal. VI. VEHICLE IDENTIFICATION A. Color/City Logo: All City vehicles shall be licensed and marked as appropriate for their specific use as follows: 1.) All marked, administrative transportation vehicles (Type A) shall be white, and have the City's name, logo, and vehicle number prominently displayed on the side door panels and on the back of the vehicle. 2.) All Public Works and Parks Maintenance non -administrative vehicles (Type B, C, or D) shall be yellow with the City's name, logo, and vehicle number prominently displayed on the side door panel or other highly visible location, except such vehicles assigned to supervisors may be white in color. 3.) All Protective Inspections and governmental buildings non -administrative vehicles (Type B) shall be red with the City's name, logo, and vehicle number prominently displayed on the side door panel or other highly visible location. 4). Marked police squad/patrol cars shall display the City's name, logo, vehicle number, and it shall contain lettering identifying it as a police/law enforcement/emergency vehicle. The color of unmarked squad cars and Police administrative vehicles will be at the discretion of the Police Chief as necessary to minimize their detection as law enforcement vehicles. 5.) Marked Fire Department vehicles shall display the City's name, logo, vehicle number, and lettering identifying it as a fire response emergency vehicle. 6.) All Engineering and Water Quality vehicles (Type B or C) shall be blue with the City's name, logo, and vehicle number prominently displayed on the side door panel or other highly visible location. 7.) All other non -administrative vehicles (Type B, C, or D) shall match the color of other similar operational/department vehicles unless a specific written justification has been submitted by the Department Director and approved by the City Administrator. All vehicles should be marked in accordance with the City's logo policy and usage guide. POLICY: VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY Page 8 VII. RESPONSIBILITY The City Administrator is responsible for the enforcement of this policy. Department and Division Directors may not deviate from the policy unless they have written approval from the City Administrator. Original Policy Adoption Date: 02-03-2004 Policy Revised and readopted by Council: (11-17-2015) Mayor: Mike Maguire 91 POLICY: VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY Page 9 VEHICLE AND EQUIPMENT CATEGORIES TARGET REPLACEMENT STANDARDS AGE MILES OR HOURS Administrative 12 80,000 Sedan 10 100,000 Vans 10 100,000 Limited Job Assistance, Job Assistance, 14 6,000 Hours And Job Performance 20 6,000 Hours Light Duty: 20 6,000 Hours Survey 10 100,000 Inspection 10 100,000 Field Supervisor 10 100,000 Utility Van 10 100,000 Medium Duty: Utility Truck 10 100,000 4 X4 Pickup 10 100,000 1 -Ton Dump Truck 10 100,000 Skidsteer 10 4,000 Hours Fire Rescue or Grass Rig 15 Does not apply Heavy Duty: Single Axle Dump Truck 12 80,000 Tandem Axle Dump Truck 12 80,000 Front End Loader 14 6,000 Hours Road Grader 14 6,000 Hours Backhoe 20 6,000 Hours Tractor 20 6,000 Hours Sweeper 8 5,000 Hours Jetter 20 80,000 Tanker/Flusher 20 8,000 Hours SewerVac 20 Does not apply Pumpers 20 Does not apply Police Patrol 10 100,000 4 POLICY: VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY Page 10 Vehicle Condition Index Factor Points Age One point for each year of chronological age, based on in-service date. Miles/Hours One point for each 10,000 miles of use. Type of Service 1, 3, 5 points are assigned based on the type of service that vehicle receives. For instance, a police patrol car Reliability Points are assigned as 1, 2, 3, 4, or 5 depending on the frequency or repair/downtime. A 5 would be assigned to a vehicle that has 4.0 to 5.0% downtime or more, 4 for 3.0 to 4.0% downtime, 3 for 2.0 to 3.0% downtime, 2 for 1.0 to 2.0% downtime and one point would be assigned for vehicles with less than 1% downtime. M & R Costs 1 to 5 points are assigned based on total life M&R costs (not including repair of accident damage). A 5 is assigned to a vehicle with life M&R costs equal to or greater than the vehicle's original purchase price, while a 1 is given to a vehicle with life M&R costs equal to 20% of less of its original purchase cost. Condition This category takes into consideration body condition, rust, interior condition, accident history, anticipated repairs, etc. A scale of 1 to 5 points is used with 5 being poor condition. Cost Per Mile Points are assigned as 1, 2, 3, 4, or 5 depending on the cost per mile relative to class. A 5 would be assigned to a vehicle with costs per mile in excess of 20% for the class. 4 -15%> than class, 3 -10%> than class, 2 -05%> than class, 1 -equal to class. Point Ranges Under 21 points Condition I Excellent 21 to 25 points Condition II Good 25 to 30 points Condition III Qualifies for replacement 31 points and above Condition IV Needs immediate consideration Risk Factor (independent) A high "risk factor" is a determination that the vehicle is projected to operate at a (not calculated in VCI) cost higher than> the vehicle class. A medium "risk factor" is a determination that the vehicle is projected to operate at a cost equal to the vehicle class. A low "risk factor" is a determination that the vehicle is projected to operate at a cost lower than< the vehicle class. 10 Agenda Information Memo November 17, 2015 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated October 30, and November 6, 2015 as presented. Attachments: (2) CC -1 Check register dated October 30, 2015 CC -2 Check register dated November 6, 2015 Agenda Information Memo November 17, 2015, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Rental Agreement with RDO Equipment for hourly rental of a John Deere plow. Agreement with G&K Services for facility rugs and maintenance shop towels. Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo November 17, 2015, Eagan City Council Meeting CONSENT AGENDA E. APPROVE change order #3 for the Fire Station Four Remodel Action To Be Considered: Approve change order #3 for the Fire Station Four Remodel Project. Facts: ➢ At the May 5, 2015 City Council Meeting a contract was awarded to Kue Contractors for the remodel and expansion project of Fire Station Four at 4200 Dodd Road. ➢ Since the construction started there have been several changes to the contract needed to continue to the project and meet the December 2015 deadline. ➢ The cost of the changes made equal a total deduct of ($8,834) and are comprised of the following: • Lobby acoustical wallcovering $1,303 • Type BB light fixtures at flagpole Mike Sipper request $4,097 • Exhaust fan controls $918 • Epoxy finish to floor ramps $167 • Abandon receptacle $147 • New 30amp receptacle $1,365 • Valley gutter at low paving $837 o Total add $8,834 ➢ The cost of these changes will be taken out of the project contingency fund. Attachments: CE -1 Cover Letter from CNH Architects CE -2 Change Order #3 from CNH Architects 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 MEMORANDUM: PROJECT: Eagan Fire Station #4 — Addition and Remodeling CNH NO: 14095 DATE: November 4, 2015 TO: City of Eagan - Mayor and City Council SUBJECT: Change Order #03 Review The following is a summary of the items being submitted as Change Order #03 for the Eagan Fire Station #4 — Addition and Remodeling project. Background: The construction on Fire Station #4 has been progressing well with the remodeled administration area almost completed and the painting and mechanical items being installed in the existing and addition apparatus bays. During the work to this point, there are several items that have been identified as either providing long-term value to the Fire Station #4 facility or were building conditions that require adjustments to the work scope. These items have been priced by the general contractor and combined into the attached Change Order #03. Description of Changes: The main changes are incorporated in the attached Change Order #03 fall into two basic categories: A. Lighting addition: This item adds above ground lights to replace the older fixtures to light the flagpole. B. Miscellaneous Minor Changes: These items are a variety of minor items that are being recommended to address items including minor outlet location revisions, control wiring at exhaust fans, the addition of a valley gutter to lengthen parking lot life, expansion of area to receive epoxy flooring to include entry areas at Gear Wash and Staging rooms, and addition of special 30 amp plug for hazmat trailer power. Pricing: The following are the itemized pricing for each Proposal Request item included in this Change Order. All prices have been reviewed by CNH Architects and our consultant team and have been determined to be within appropriate unit costs for the work proposed. A. Flagpole Lights a. PR #27 — Add Type BB fixtures at flagpole $4,097 B. Miscellaneous Minor Changes a. PR#23 Lobby history display panel $1,303 b. PR#29 Exhaust fan control wiring $918 c. PR#30R2 Epoxy flooring at apparatus bay ramps $167 d. PR#33 Abandon existing apparatus bay outlet where blocked $147.00 P:\PROJECTS\2014\14095\5 - CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER 403 RECOMMENDATION TO COUNCIL.DOCX e. PR#34R1 Add 30 amp cord plug for hazmat trailer $1,365 f. PR#35 Add concrete valley gutter at low paving $837 Total Add $8,834 New Contract Total $1,313,571 Conclusion: The items in the Change Order represent recommended improvements to the Fire Station #4 project to provide long-term durability improvements, improve operational functionality and generally improve the project. As noted above CNH Architects, our team, and staff have reviewed the pricing shown above and are comfortable as being appropriate for the work involved. CNH Architects recommends approval of this Change Order as in the best interest of staff operations and long-term value for Fire Station #4. Respectfully Submitted, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. PAPROJECTS\2014\14095\5 -CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER #03 RECOMMENDATION TO COUNCIL.DOCX AIA Change Order PROJECT (Name and address): Eagan Fire Station P4 4200 Dodd Road Eagan, MN 55123 TO CONTRACTOR (Name and addr(ss): Kite (.'ontractors, hlc. 130 Central Ave. S 110 Box 408 Watkins, MN 55389 CHANGE ORDER NUMBER: 003 DATE: October 28, 2015 ARCHITECT'S PROJECT NUMBER: 14095 CONTRACT DATE: May 11, 2015 CONTRACT FOR: General COI1St'tIC(i011 OWNER: ❑ ARCHITECT: ❑ CONTRACTOR:El FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include. where applicable, any undisputed amould (1Crr#hitrahle to p1• vioustj) oxeClded COnst1werial Chdn(5;e Diree/ivcw) PRI/23 Lobby acoustica I wa I 1covering display. 91,303.00 PR//27 Typc BB light fixtures at flagpole. $4,097.00 PRI/29 Exhaust fills EF -2., EF -3, EP -4 controls. $918.00 PR#30122 Epoxy finish ,it Apparatus Bay ramps & Mcchanica11Ei1ccUical Rooln. $107.00 PIZH33 Abandon existing App Bay receptacle. $1147,00 PR#3481 New App Bay 30A twist lock receptacle, $1,365.00 P1Z##35 Valley gutter al low paving, $837.00 Total: $3,834,00 The original Contract Sum was $ 1,238,557.00 The net change by previously authorized Change Orders $ -- 66,150,00 The Contract Sum prior to this Change Order was $ 1,304,737.00 The Contract Sun) will tic increased by this Change Order in the amount of $ 8,834.00 The new Contract Sum including this Change Order will be $ 1,313,571.00 The Cont•act'Tinnc will be increased by Zero (0) clays. 'rbc date orSubstantial Completion as of the date ol'this C.litlllge Order- thurelbre IS December 13, 2015. NOTE: I1 his Change Orderdoes not include changes Ill (lie C)llt•a Ct Sum, Cont•tict "I inic or' Guaranteed maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by hoth the Owner and Contactor, in which case a Change Order is executed to super'Sedc the C0118(rtlCtiOn Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. CNH Architects, Inc, _ 1<110 Contractor~, Inc. ARCHITECT (firm name) CONTRACTOR (Firm nmtrc:) OWNER (Fi)-m name) 7300 West 147th St•ect, Suite 501, Apple Valley, MN 55124 ADDRESS Quinn Butson (7)gwd nerve:) DATE 130 Central Ave. S, PO Box 403, Watkins, MN 55389 DATE m 3830 Pilot Knob Road, Eagan, MN 55122 ADDRESS BY (Si�rrurure) ('l jrped nate) DATE AIA Document G701 Th' —2001. Copyright 01979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved.4VARNING: This AIA"` Document I_, IvoteO'd b tl„ Copyrlghl I..>iw and International Treaties. Unautiroris:ed reproduction w distribution of this !dA - iaeu:umont, or any 1 portion of it, inny rend•, in severe civil . ad criminal penalties, and will be prosecta.:;! to the maximum oxlent pose:ibin unctur th^ lavf. This document was produced by AIA software at 16;50:46 on 10/2812015 under Order No,88890 ,8216_1 which expires on 09/17/2016, and is not for resale. User Notes: (916368600) Agenda Information Memo November 17, 2015 Eagan City Council Meeting CONSENT AGENDA Approve a Resolution to Accept a Donation from the Friends of the Farm in the amount of $500 for the Renovation and Restoration of the Historic Eagan Old Town Hall. Action To Be Considered: To approve a Resolution to accept a Donation from the Friends of the Farm in the amount of $500.00 for the renovation and restoration of the Historic Eagan Old Town Hall. Facts: ➢ The Friends of the Farm is donating $500.00 for the renovation and restoration of the Historic Old Town Hall. ➢ The Friends of the Farm is a non-profit land stewardship organization staffed by volunteers and dedicated to cultivation and appreciation of farm life. ➢ Friends of the Farm plans and conducts a wide variety of activities and events that provide entertaining, educational, historical and cultural perspectives appealing to a wide range of interests and ages. ➢ Friends of the Farm has its organizational roots established at the historic Holz Farm Ir, Eagan. Attachments: (1) CF -1 Resolution CITY OF EAGAN RESOLUTION TO APPROVE A RESOLUTION TO ACCEPT A DONATION FROM THE FRIENDS OF THE FARM FOR A DONATION TO THE RENOVATION AND RESTORATION OF THE HISTORIC EAGAN OLD TOWN HALL WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, The Friends of the farm has presented a donation in the amount of $500.00 as part of their support for the Old Town Hall improvements. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation of $500.00 from the Friends of the Farm to the renovation and restoration of Old Town Hall. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina Scipioni, City Clerk for 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 17th day of November, 2015 Deputy City Clerk Agenda Information Memo November 17, 2015, Eagan City Council Meeting CONSENT AGENDA G. Approve A Resolution Accepting A $1,500.00 Donation From Wal-Mart Action To Be Considered: Approve a resolution accepting a $1500.00 donation from Wal-Mart, which will be used by the Eagan Police Department to purchase holiday gifts for the Police Department's "Shop with a Cop" program. Facts: ➢ The Wal-Mart store donated $1,500.00 to the police department for the annual "Shop with a Cop" program. ➢ The idea behind the program is to connect with kids whose families have had contact with police or are in need of assistance. ➢ The program, which is a nationwide event, is intended to enhance the image of the police. ➢ The funds will be used during this year's "Shop with a Cop" event. ➢ Approving the resolution/accepting the donation will also authorize $1,500.00 budget adjustment to line item 1104-6475 in the police department's 2015 budget. Attachments: (1) CG -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Wal-Mart WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Wal-Mart has presented the Police Department with a donation in the amount of $1,500.00 as reimbursement for "Shop with a Cop" program. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; and an adjustment is made to line item # 1104-6475 in the police department's 2015 budget; BE IT FURTHER RESOLVED, that the City sincerely thanks Wal-Mart for the gracious and generous donation. ADOPTED this 17th day of November, 2015. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo November 17, 2015, Eagan City Council Meeting CONSENT AGENDA H. APPROVE the 2016 Funding Application to Dakota County for the Community Landfill Abatement Funds and the Execution of a Joint Powers Agreement with Dakota County Action To Be Considered: Approve the 2016 Funding Application to Dakota County for the Community Landfill Abatement Funds and the Execution of a Joint Powers Agreement with Dakota County Facts: ➢ Dakota County has funds available annually to help constituent cities promote and operate landfill abatement and recycling programs. ➢ In June of 2003, the Cities of Eagan, Burnsville, and Apple Valley formed a partnership to combine their recycling program efforts. The partnership is Dakota Valley Recycling. ➢ One application for all three cities has been prepared, which will be submitted to Dakota County to fund Dakota Valley Recycling in 2016. ➢ The application for the Community Landfill Abatement Program follows Dakota County solid waste guidelines and recommendations. ➢ The 2016 budget request for DVR from the County is $191,000. No matching funds are required by the City of Eagan. Attachments: (1) ➢ CH -12016 Funding Application to Dakota County for the Community Landfill Abatement Funds Dakota County, Physical Development Division Environmental Resources Department Jenny Kedward, 952-891-7043, ienny.kedward@co.dakota.mn.us Application process: Joan Kowski, 952-891-7965, C o u N T Y �oa an.l<owski@co.dakota.mn.us Dakota Valley Recycling (Cities of Apple Valley, Burnville, Eagan) 2016 Dakota County Community Funding Application Packet Application Packet and JPA Submittal Due Date: November 30, 2015 Funding Period: January 1, 2016 -December 31, 2016 2016 ANNUAL REPORT DUE DATE February 15, 2016 Date Application Submitted , 2015 Submit completed Application Packet by: 1. Uploading to the Dakota County Local Solid Waste Staff (LSWS) SharePoint web site URL: h112s1&xtranet.co dakotaa.mn.us/sites/Isws Sending electronically to jennv.kedward@co.dakota.mn.us Mail to: Jenny Kedward Dakota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Main Contact for Municipality Designated Liaison: Sue Bast Title: Environmental Specialist E-mail: Sue. Bast@burnsvillemn.ov Phone: 952-895-4524 Mailing Address: 13713 Frontier Ct City/State/Zip: Burnsville, MN 55337 Secondary Contact for Municipality Designated Back-up: Jackson Becker Title: Environmental Technician E-mail: Jackson. Becker@burnsvillemmggy Phone: 952-895-4511 Communications contact (if applicable) Name: Title: E-mail: Phone: Main Park Contact for Priority Issue (if applicable) Name: Title: E-mail: Phone: Municipality: Dakota Valley Recycling Funding Year: 2016 List of documents and information required as part of the Joint Powers Agreement for Community Funding. 1. Copy of the Official Resolution or Minutes of the Proceedings Attach an official action from the governing body (e.g., City Council or Commission) requesting the funding allocation OR a certified copy of the official proceedings of the governing body approving the funding allocation. 2. Work Plan Complete the Work Plan (below) that includes recycling rate goals, activities, timeline, deliverables and anticipated measurements. 3. Requested Budget Fill in the summary below and attach an itemized budget in Part V. Fund Request 11 County Fund Admin, Outreach/Education, Priority Issue 11191,000 Waste Tire Activities (RSWC Only) 11 TOTAL II 11191,000 4. Compliance with Public Entity Laws *If no, identify the timeline and steps being taken to obtain compliance. "The City of Burnsville has an agreement in place with Waste Management to collect the City's waste at no charge until the landfill reaches its permitted capacity. This waste is disposed of in the Burnsville Sanitary Landfill, which is permitted by the MPCA and Dakota County. I certify that this 2016 Community Funding Application Packet was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. I certify that a 2016 Annual Report demonstrating compliance with this application will be submitted to the Department by February 15, 2017. Susan Bast Name of person completing document Environmental Specialist Title Signature (electronic signature acceptable) K Date Yes No* MN Stat. 115A.151 (internal recycling programs for facilities under the municipality's control) X MN Stat. 115A.552 (community recycling programs in place) X MN Stat. 115A.552 (residents have the opportunity to recycle) X MN Stat. 473.848 and 115A.471 (management of solid waste collected under contract from municipal operations) X** *If no, identify the timeline and steps being taken to obtain compliance. "The City of Burnsville has an agreement in place with Waste Management to collect the City's waste at no charge until the landfill reaches its permitted capacity. This waste is disposed of in the Burnsville Sanitary Landfill, which is permitted by the MPCA and Dakota County. I certify that this 2016 Community Funding Application Packet was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. I certify that a 2016 Annual Report demonstrating compliance with this application will be submitted to the Department by February 15, 2017. Susan Bast Name of person completing document Environmental Specialist Title Signature (electronic signature acceptable) K Date NOOInaw NO,,, ,: 9. Administration and Internal Recycling Local Solid Waste Staff (LSV/.S) Meetings GOAL: Open communications to share activities and results between County and Municipal staff. The municipality's designated Municipality Liaison must plan to attend at least FOUR out of the following six LSWS meetings per year. REPORT: When submitting the Annual Report, check each box next to the meetings attended. 1 Y [acs a i �� s El Jana Y September _M = kh RMUMB D November Internal Recycling Rates GOAL: Show compliance with MN Stat 115A.151 to maintain recycling program for facilities under the municipality's control. Also, communicate effectiveness of waste diversion activities in municipal operations to County. List each building the municipality owns and/or operates and the recycling rate goal for each. REPORT: At the end of 2016, a recycling rate will be required for report submission. This can be obtained by asking your hauler what the trash and recycling tonnages were for each building. It is suggested to keep track of this information monthly or quarterly. Work with your municipal representative that handles contracts and/or invoices from the hauler. *Recycling rate = recycling weight/(recycling weight+ waste weight) Internal Recycling Education and Activities GOAL: Promote recycling and waste reduction in the municipality's administrative buildings to help reach recycling rate goal. List the activity, general message, date and type of measurement (e.g., attendees at a presentation, number of labels placed on bins) for each internal outreach activity. REPORT: Update the table with actual measurement in last column when submitting the annual report. A ti`h5 -yam GreenDisk Technotrash boxes Ongoing Pounds collected (locations in all 3 cities) Clean Up Your Office Day April Employees (Burnsville, Eagan) emailed Burnsville All -Crew Meeting April # of attendees Burnsville Sustainability Team events N TBD Employees (Environmental Dashboard including information participating/com on HHW collection) munication pieces Participation in Green Step Cities program Ongoing Steps awarded Website content GOAL: Consistent recycling and waste abatement messaging throughout the County. D I verify that all information on the municipal website regarding solid waste reduction, reuse, recycling, organics diversion and household hazardous waste links to applicable County webpages. Required Communication GOAL: Inform residents about curbside recycling opportunities and household hazardous waste services at The Recycling Zone. Each municipality is required to produce at least one written communication to every new and existing household for each of the following topics: • Curbside recycling • The Recycling Zone services List the outreach method, general message, date produced and type of measurement (e.g., number of newsletters distributed) for each activity. REPORT: Update the table with actual measurement when submitting the annual report. Required Outreach (LaTe Communities only) Required of the Rural Solid Waste Commission and communities with over 1,000 households. GOAL: Education to increase recycling and waste reduction. 4 Each municipality must complete at least FOUR eligible educational activities not covered in the above tables. Suggestions are listed below but other activities may be approved by Department. List the type of measurement (e.g., attendees to a presentation, number of articles published). REPORT: Update the table with actual measurements when submitting the annual report. _ a Earth Day school Reduce, reuse, Late # of students and presentations for Eagan, recycle April grade levels Burnsville, &Apple Valley Senior Citizen presentations Reduce, reuse, Spring # of participants for all 3 cities recycle, 2016 sustainability Presentations/booths for Recycling, waste Various # of participants, # community groups and reduction, RZ of booth visitors events in all 3 cities Burnsville HHW postcard Recycling Zone August Households/readers hip Twitter Recycling, waste Ongoing Twitter followers (@DVRecycling) reduction, RZ Facebook (City of Burnsville, Recycling 'Ongoing Facebook "likes" City of Eagan) reuse, waste reduction _ Chinook Book Ad Recycling, reuse Ongoing Ad "hits" Eligible Educational Activities • Sponsor an event for Earth Day, America Recycles Day or Pollution Prevention Week • Coordinate an event for a school(s)about recycling, waste reduction or HHW • Distribute an additional printed outreach piece about recycling or waste reduction • Presentation/activity to community group (minimum 10 attendees) • Staff a booth at a community event with waste abatement information (minimum 50 attendees) • Post social media messages (posts must be at least monthly) • Other educational activity as approved by Department staff as part of the work plan meeting III< Waste Abatement Activities and Planning GOAL: Increase residential recycling in Dakota County. Each municipality must develop programs to increase residential recycling. Use the table to list events and activities where materials are collected to be recycled or reused (not disposal). Activities that do not fit into the table requirements should be listed in the narrative below the table. REPORT: Update the table with actual measurements when submitting the annual report. Update the event/activity narrative with activity outcomes and describe efforts completed and actions in the 2017 waste planning narrative. Collection Events and Activities, List the event or activity, date conducted, how it was promoted and the type of measurement (e.g., attendees to an event, weight or volume of material collected). Event promotion may also be used in residential outreach and education (above) if the activity also communicates general recycling, waste reduction and reuse knowledge. Activities that are not associated with a date should be described in the narrative question. NARRATIVE: Describe other Waste abatement activities and/or program development conducted by municipality, such as managing bullty Waste. Education about medication disposal drop-off at City police stations (press releases, newsletter articles, website articles, social media posts) ARROW program: ongoing work with local businesses on recycling and waste reduction issues DVR Recycling Hotline: answer phone calls and emails from residents and businesses about recycling and proper disposal 0 "I Love Burnsville" Appliance and Early June City Newsletter, press Pounds of Electronics Drop-off Day release, social media, materials City email, DVR and collected City website HHW Drop-off Day Late Postcard mailer, press Pounds/types of September release, social media, materials City email, DVR and recycled, number City website of cars participating Pumpkin Recycling Collectionvv 11/5/16 City Newsletter, press # of pumpkins release, social media, collected, # of City email, DVR and cars participating City website, flyer at Halloween Hodgepodge America Recycles Day Shoe 11/7/16— City Newsletter, press Pounds of shoes Recycling Week 11/13/16 release, social media, collected City email, DVR and City website, Chinook Book ad "I Love Burnsville" Curbside Early June City Newsletter, press Number of items Collection release, social media, collected for City email, DVR and recycling City website "Recycle Your Holiday Lights" November City Newsletter, press Overall results T 2016- release, social media, from RAM (in January City email, DVR and pounds) 2017 City website, Chinook Book ad_ CFL Collection for residents s Ongoing A City Newsletter, DVR _ _ Number of bulbs website collected NARRATIVE: Describe other Waste abatement activities and/or program development conducted by municipality, such as managing bullty Waste. Education about medication disposal drop-off at City police stations (press releases, newsletter articles, website articles, social media posts) ARROW program: ongoing work with local businesses on recycling and waste reduction issues DVR Recycling Hotline: answer phone calls and emails from residents and businesses about recycling and proper disposal 0 Waste Abatement Planning .. Describe efforts to identify aqua ntitative waste diversion baseline and annual goal for your rinunie ipaiity (e.g., pounds recycled per household). Burnsville, Eagan and Apple Valley all utilize open -market waste hauling service, with thirteen licensed haulers between the three cities. We will provide information to County as requested. We also plan to look at hauler licensing application options for future years. 2. Describe planning efforts to implement municipality -wide organics diversion. Organics recycling is currently available at some City facilities and events: Eagan Community Center, Eagan Market Fest, Eagan Art Festival, Eagan Funfest, Burnsville Firemuster, and Music in Kelley Park (Apple Valley). Organics recycling is also being implemented at Eagan, Burnsville and Hayes (Apple Valley) ice arenas. We will continue to promote backyard composting at booths, presentations and on DVR website. 3. Describe what actions will be taken and an estimated timeline to implement organics collection at city-owned/operated buildings, beginning in 2017. List city administrative buildings and the types of areas within each building that have potential for organics diversion (e.g., break rooms, kitchens). Organics diversion is being implemented at the Burnsville, Eagan and Apple Valley ice arenas in early 2016. We will study the organics programs at those facilities to get an understanding of challenges, and if the programs prove to be successful, we will then look to expand the program to other city- owned/operated buildings. Before implementation, we will conduct waste sorts to baseline the volumes generated, consider the hauling routes (buildings close to others that collect organics), and research organics -specific containers for breakrooms. Implementation will include development of clear and consistent signage, and thorough education of staff at city-owned/operated buildings on what is compostable. IV. Priority Issue: Public Space Recycling GOAL: Provide consistent recycling opportunities for public gathering areas, including parks, public areas, events and in municipally -owned non -administrative buildings. Municipalities must coordinate to offer recycling in public areas by the end of 2016. REPORT: Fill in the 2016 Report columns with actual diversion measurements. Parks and public non -administrative buildings *Recycling rate = recycling weight/(recycling weight, trash weight) What will you need to complete the BMPs for each of these parks in 2016? • Noticeably different bins specifically for recycling (blue, different openings, etc.) • Proper signage for all trash and recycling bins City -sponsored events *Waste diversion rate = (recycling weight + organics weight) / (recycling weight + organics weight + trash weight) What will you need to complete the OMPs for each of these events in 2016? * Continued access to Dakota County resources (x -frames, trailer, signage, etc.) a Volunteer help (MRCS and other willing citizens) Vo 2016 Community Funding Budget and Expense Form Municipalities must enter estimated costs per line item based on the total community allocation. LNIF allocations are identified separately. Please list all municipality contributions (i.e., financial, staffing, other). Use another table if necessary. Municipality contributions are not mandatory but help the Department identify needs for this program. The total County share may not exceed the "amount of funds eligible for" provided by County staff in the application. Funding from budgets may not be carried over to the next year. For the RSWC, the total County share will include waste tire activity funds. REPORT: Update the table and % FTE with actual data when submitting the annual report. 0 2016 REPORT Weights Recycling, (recycling, Waste Date(s) Estimated Organics, organics, diversion Name of Event of event Attendance or both? Event location trash), lbs rate* (%) Eagan Market Fest weekly 2000/event Both Eagan Festival Jun -Sept Grounds 4th of July Funfest July 3-4 200,000 Both Eagan Festival Grounds Eagan Art Fest June 27-28 8,000 Both Eagan Festival Grounds Holz Farm Spring May 15 Unknown Both Holz Farm, Eagan Festival Lone Oak Days September Unknown Both Holz Farm, Eagan Halloween October 3,200 Both Eagan Community Hodgepodge Center Burnsville International Summer 2,000 Recycling Nicollet Commons Festival Burnsville Firemuster Early Sept 15-20,000 Both Civic Center Park Music in the Park June -July 400- Both Kelley Park, 800/event Apple Valley Night to Unite Aug 4 175 Recycling Apple Grove Park, Organizers Picnic Apple Valley Night to Unite/ Aug 4 TBD Recycling 25 neighborhoods in National Night Out all three cities Apple Valley Freedom July 2-4 Unknown Recycling Johnny Cake Ridge Days Carnival Park East, AV *Waste diversion rate = (recycling weight + organics weight) / (recycling weight + organics weight + trash weight) What will you need to complete the OMPs for each of these events in 2016? * Continued access to Dakota County resources (x -frames, trailer, signage, etc.) a Volunteer help (MRCS and other willing citizens) Vo 2016 Community Funding Budget and Expense Form Municipalities must enter estimated costs per line item based on the total community allocation. LNIF allocations are identified separately. Please list all municipality contributions (i.e., financial, staffing, other). Use another table if necessary. Municipality contributions are not mandatory but help the Department identify needs for this program. The total County share may not exceed the "amount of funds eligible for" provided by County staff in the application. Funding from budgets may not be carried over to the next year. For the RSWC, the total County share will include waste tire activity funds. REPORT: Update the table and % FTE with actual data when submitting the annual report. 0 *NOTE: To update formulas, press Ctrl + A, then press F9 Total percent FTE for your municipality to coordinate this program: -2.5 % Community Funding Performance Scorecard To be filled out by County staff to aid communities in completing annual work plan. Community: Year reviewed: The Community Funding Program enables each municipality to work with Department staff to develop and implement projects and programs for waste abatement towards achieving Master Plan objectives. Residential Curbside Recycling Services Provided Residents have access to curbside recycling through a private hauler or municipality-sponsored program. Designated Municipal Liaison or Back-up attended at least 4 out of 6 municipality/county meetings per year. Municipality participated in and submitted annual Work Plan and Budget. Recycling efforts in municipal operations. Education to municipal employees about recycling and waste reduction. Annual report is complete and submitted on time. Report quantitative measurements for recycling, organics (if applicable), and trash for internal operations. Communications & Outreach Municipality uses resources from the Residential Toolkits (articles, images, etc.) provided by the Department. Printed and electronic recycling resources for residents follow the Dakota County style guidelines for logo and website references, and use terminology and/or images provided by the Department. The municipality website content for solid waste management and household hazardous waste links to the County's respective webpages. At least one written communication is distributed to every new and existing household about recycling, waste reduction and/orreuse. 10 At least one written communication is distributed to every new and existing household about The Recycling Zone services. At least four additional education activities accomplished from a menu of options developed by the Department (large communities only). Accuracy of information is verified with Department staff before distribution. Printed materials identify funding source. Report quantitative and qualitative measurements related to Master Plan objectives for each communication and outreach activity. Operations, Programs & RecyclingEvents A municipality waste diversion baseline and annual goal for municipality is developed. Programs to increase residential recycling are developed and implemented. A plan to implement organics diversion in City- owned/operated facilities in 2017 is developed. Planning is underway to implement municipality-wide organics diversion. Report quantitative and qualitative measurements related to Master Plan objectives for each project/program activity. • •• • e • to Recycling collection is offered in municipality-owned non- administrative facilities (e.g., community centers) following best practices. Recycling collection is offered in parks and along major trails as well as applicable public areas following best practices. Recycling collection is offered at municipality-sponsored events following best practices. Recycling and trash containers are labeled with signs/labels provided by the Department. Residents and applicable coordinators/staff are educated about recycling in parks, public areas and events. 11 Appendix Ao Public Space Recycling City' Park/ Recreation Center with Recycling Number. of recycling bins Best Management Practices 2016 Report All bins paired.: Bins labeled Labels have pictures Recycling Weight (lbs) Recyclin g Rage* N Apple Valley Alimagnet Park 1 Apple Valley Apple Grove Park Apple Valley Apple Ponds Park Apple Valley Apple Valley Community Center Apple Valley Apple Valley East Park Apple Valley Apple Valley Family Aquatic Ctr Apple Valley Belmont Park Apple Valley Briar Oaks Park Apple Valley Carrollwood Park Apple Valley Cedar Isle Park Apple Valley Cedar Knolls Park Apple Valley Chaparral Park Apple Valley Cobblestone Park Apple Valley Delaney Park Apple Valley Diamond Path Park Apple Valley Duchess Park Apple Valley Faith Park Apple Valley Farquar Park Apple Valley Findlay Park Apple Valley Galaxie Park Apple Valley Greening Park Apple Valley Greenleaf Park Apple Valley Hagemeister Park Apple Valley Hayes Community & Senior Ctr Apple Valley Hayes Park Arena Apple Valley Heritage Park Apple Valley Huntington Park Apple Valley Jonny Cake (East) 6 Y Y Y Apple Valley Jonny Cake (West) 9 Y Y Y Apple Valley Keller Apple Valley Kelley 12 Apple Valley Lac Lavon Number of recycling bins Best Management Practices 2016 Report Labels All bins Bins have paired labeled pictures Recycling Weight (lbs) Recyclin -g Rage* N Apple Valley Fred J. Jargen Burnsville Alimagnet Park Apple Valley Long Lake Burnsville Arbor Park Apple Valley Longridge Burnsville Archery Site Apple Valley Moeller Burnsville Black Dog Park Apple Valley Newell Burnsville Brookview Park Apple Valley Nordic Burnsville Burnhaven Park Apple Valley Palomino Burnsville Cedarbridge Park Apple Valley Pennock Burnsville Chateaulin Park Apple Valley Quarry Point 4 Y Y N Apple Valley Redwood 5 Y Y Y Burnsville Colonial Park Apple Valley Regatta Apple Valley Robert L. Erickson Apple Valley Scott Park/Archery Site Apple Valley Summerfield Apple Valley Sunset Park/Overlook Apple Valley Tintah Apple Valley Valley Middle Apple Valley Wallace Apple Valley j Wildwood City ' Park/ Recreation Center. with Recycling Number of recycling bins Best Management Practices 2016 Report Labels All bins Bins have paired labeled pictures Recycling Weight (lbs) Recyclin -g Rage* N Burnsville Acorn Park Burnsville Alimagnet Park 7 Burnsville Arbor Park Burnsville Archery Site Burnsville Birnamwood Golf Course Burnsville Black Dog Park Burnsville Brookview Park Burnsville Burnhaven Park Burnsville Burnsville Heights Burnsville Cedarbridge Park Burnsville Chateaulin Park Burnsville Civic Center Burnsville Cliff Fen 5 Y Y Y Burnsville Colonial Park 13 Burnsville Country Club Park Burnsville Coventry Court Burnsville Crosstown East Burnsville Crosstown West Burnsville Crystal Beach Burnsville Crystal Lake West Burnsville Day Park and Early Lake Trail Burnsville Echo Park Burnsville Forest Heights Park Burnsville Greenhaven Park Burnsville Heritage Park Burnsville Highland Forest Park Burnsville Highland View Park Burnsville Hollows Park Burnsville Howell Park Burnsville Interlachen Park Burnsville Judicial Park Burnsville Kelleher Park Burnsville Keller Lake Park Burnsville Knob Hill Park Burnsville Krestwood Park Burnsville Lac Lavon 8 Burnsville Lake Park Burnsville Leisure Park Burnsville Loop Park Burnsville Neill Park Burnsville Nicollet Park Burnsville Nicollet Commons Burnsville Nordic Park Burnsville North River Hills Park Burnsville Northview Park Burnsville Oak Leaf East Park Burnsville Oak Leaf West Park Burnsville Paha Sapa Park Burnsville Pik Nik Island Burnsville Red Oak Park Burnsville Rolling Meadows Park Burnsville Rose Park Burnsville Burnsville I Rudy Kraemer Nature Preserve Skyline Park Burnsville I South River Hills Park 14 Burnsville Sue Fischer Memorial Park Number of recycling bins Best Management Practices 2016 Report All bins: paired Bins labeled Labels have pictures Burnsville Sunset Park Eagan Berry Patch Park Burnsville Sunset Pond Eagan Blackhawk Park Burnsville Tennisioux Park Eagan Bridgeview Park Burnsville Terrace Oaks East Eagan Bridle Ridge Park Burnsville Terrace Oaks West Eagan Bur Oaks Park Burnsville Timberland Knolls Eagan Captain Dodd Park Burnsville Tyacke Park Eagan Carlson Lake Park Burnsville Tyacke Park Eagan Carnelian Park Burnsville Twin Lakes Park Eagan Cedar Pond Park Burnsville Utech Pond Eagan Central Park Burnsville Valley Highlands Park Eagan Cinnamon Ridge Burnsville Vista View Eagan Clearwater Park Burnsville Wellington Crescent Eagan Country Home Park Burnsville West Buck Hill Park Burnsville Westview Park Burnsville Wolk Park Burnsville Woods Lane Trail Burnsville Wood Park City Park/ Recreation Center with Recycling Number of recycling bins Best Management Practices 2016 Report All bins: paired Bins labeled Labels have pictures Recycling Weight (Ibs) Recycling Rage* (%) Eagan Berry Patch Park Eagan Blackhawk Park Eagan Bridgeview Park Eagan Bridle Ridge Park Eagan Bur Oaks Park Eagan Captain Dodd Park Eagan Carlson Lake Park Eagan Carnelian Park Eagan Cedar Pond Park Eagan Central Park Eagan Cinnamon Ridge Eagan Clearwater Park Eagan Country Home Park 15 Eagan Downing Park Eagan Evergreen Park Eagan Fish Lake Park Eagan George Ohmann Park Eagan Goat Hill Park Eagan Heine Pond Park Eagan Highview Park Eagan Holz Farm Park Eagan Kaponi Art Park Eagan Kettle Park Eagan Lakeside Park Eagan Lexington Diffley Athletic Fields 19 y Y Y Eagan Meadowland Park Eagan Moonshine Park Eagan Mueller Farm Park Eagan Northview Park 12 y y y Eagan Oak Chase Park Eagan O'Leary Park Eagan Patrick Eagan Park Eagan Peridot Path Park Eagan Pilot Knob Park Eagan Quarry Park Eagan Rahn Park Eagan Rahn Athletic Fields Eagan Ridgecliff Park Eagan River Hills East Park Eagan Sky Hill Park Eagan Slater Acres Park Eagan South Oaks Park Eagan Thomas Lake Park Eagan Thresher Fields Eagan Trapp Farm Park Eagan Walden Heights Park 16 17 Agenda Information Memo November 17, 2015, Eagan City Council Meeting C�L�P►1:�►�re[�1��L7al I. Approve the 2015-2016 Energy And Environment Advisory Commission Work Plan And Goals. Action To Be Considered: To approve the 2015-2016 Energy and Environment Advisory Commission work plan and goals. Facts: ➢ At The Energy and Environment Advisory Commission has been working to develop a comprehensive work plan that they could focus on for the years 2015- 2016. ➢ At their August 11, 2015 workshop the EEAC finalized their proposed work plan to present to the City Council for review and direction. At the October 13, 2015 City Council workshop the Energy and Environment Advisory Commission presented the following 2015-2016 Goals and Work Plan: 1. GOAL 1: Study and recommend actions exploring the availability of using biodiesel and adding electric vehicles to the City fleet. Research options for the installation of charging stations where applicable for City vehicles and as an option for private residents. Coordinate speakers by City Staff to discuss current practices and discuss opportunities for future efficiencies. 2. GOAL 2: Study information concerning solar use specifically for Eagan's climate and location in order to provide unbiased information to Eagan residents. 3. GOAL 3: Increase public awareness of the City of Eagan's efforts and programs through the use of City publications, City website, social media, City events such as Showcase Eagan and the Home & Leisure show, and other communication opportunities that would be available and approved by the City of Eagan. a. Provide available information for residents concerning ecologically sound landscaping that conserves water and supports bees. Provide information and announcements of training/learning opportunities to residents. b. Provide recommended actions for additional water conservation measures to residents. 4. Additional Goals—time permitting: o Continue to investigate ways in which the GreenSteps Cities program can be enhanced and expanded through policy exploration and use GreenSteps methodology to create and communicate outreach and educational opportunities for the community. Evaluate Step 4 criteria of GreenSteps Cities program to determine next steps for achieving Step 4 recognition. o Review public works water utility investments and water conservation ordinances and recommend changes or initiatives to the City of Eagan and its constituents to support GreenSteps best practices. Attachments: (0) Agenda Information Memo November 17, 2015 Eagan City Council Meeting CONSENT AGENDA J. Approve A Resolution Accepting A Donation For A Park Bench To Be Located At Moonshine Park. Action To Be Considered: Approve a resolution to accept a donation of $1000 from the Meddaugh Family to memorializing a park bench for Samuel Alan Meddaugh at Moonshine Park. Facts: ➢ The Parks and Recreation Department has a long history of installing and memorializing park amenities with funds donated as part of the gifting policy adopted by the City Council. ➢ The bench being memorialized will be installed in Moonshine Park overlooking Lemay Lake as part of the ongoing phase II park improvement project. The location was selected in consultation with the Meddaugh Family and is consistent with the plan for the park. ➢ A small plaque with an inscription consistent with other donations received will be mounted on the bench consistent with the past practice of installing plaques on park amenities donated as memorials. ➢ By approving this donation the 2015 Park Site Fund would receive a corresponding budget adjustment reflecting the cash donation of: o $1,000 to budget line item 2836.6762 Attachments: (1) CJ -1 Resolution CITY OF EAGAN RESOLUTION TO APPROVE A RESOLUTION TO ACCEPT A DONATION FROM THE MEDDAUGH FAMILY IN THE AMOUNT OF $1,000 FOR INSTALLATION OF MEMORIAL BENCH FOR SAMUEL ALAN MEDDAUGH AT MOONSHINE PARK. WHEREAS, Eagan Parks and Recreation has a long history of installing and memorializing park amenities with funds donated as part of the gifting policy adopted by the City Council; and WHEREAS, the Meddaugh Family have expressed interest in a donation of $1,000 to purchase a memorial bench for Samuel Alan Meddaugh at Moonshine Park: and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation in the amount of $1,000 from the Meddaugh Family to purchase a memorial bench that will be installed at Moonshine Park. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for 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 17`x' day of November, 2015. City Clerk Agenda Information Memo November 17, 2015, Eagan City Council Meeting CONSENT AGENDA K. Approve Change Order #1 for Contract 15-10, Old Town Hall Repairs and Renovation. Action To Be Considered: Approve Change Order No. 1 to Contract No. 15-10, Old Town Hall Repairs and Renovation, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-10 provides for the repairs and renovation of Old Town Hall. ➢ On August 3, 2015, the City Council awarded the base bid for Contract 15-10 to Parkos Construction. ➢ Change Order No. 1 provides for: o Change to insulation removal following discovery of fiberglass batt instead of blown insulation after interior walls removed. ADD $5,448.00 o Replacement of deteriorated sill plates, joists and roof bracing discovered after roof removal. ADD $8,244.00 o Rewire of four interior pendant lights per State Historical Preservation Office (SHPO) requirements. ADD $654.00 o Addition of air conditioning unit as provide by Eagan Lions Club Donation. ADD $6,027.00 o Revisions to landscaping per SHPO requirements. ADD $3,546.00 o Changes to light fixtures per SHPO requirements. ADD $2,890.00 o Addition of one outdoor security light above front door. ADD $294.00 o Addition of underground conduit for future flag pole lighting. ADD $212.00 o Change in attic access per Building Code. ADD $519.00 o Capping chimney for weatherization. ADD $206.00 ➢ The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. ➢ A donation was received from the Eagan Lions Club to pay for the addition of air conditioning. ➢ The change order provides for an additional cost of $28,040 (8.3% of original contract). The cost of the additional work under the change order will be the responsibility of the Community Investment Fund. ➢ The change has been reviewed by the Government Buildings Division and the City's consultant, Mohegan Hansen Architects, and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo November 17, 2015 Eagan City Council Meeting CONSENT AGENDA L. Direct Staff to Initiate a Rezoning of the Remnant Minnesota Autism Center Parcel Action To Be Considered: Direct City staff to initiate a Rezoning of a remnant parcel tied to the Minnesota Autism Center development at the southeast corner of Silver Bell and Nicols Road. Required Vote For Approval: Majority of Council Members Present Facts: ➢ The City Council approved a Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development and Final Plat to allow a high school and school campus for property located at 2120 Silverbell Road at their meeting on August 18, 2015. ➢ City staff learned shortly before the City Council meeting that 0.75 acre parcel was under separate ownership and therefore was not included in the Rezoning, Planned Development and Plat approvals. ➢ The ownership of the 0.75 parcel has been resolved and, once rezoned, the Minnesota Autism Center will be able to include the remnant parcel with their 6.5 acre site. This was a condition of their Final Plat approval from August. ➢ The anticipated timing would have the rezoning before the APC in November and Council action in December. Attachments: (0) Agenda Information Memo November 17, 2015, Eagan City Council Meeting CONSENT AGENDA M. Approve Extension of Final Plat — Cedar Grove 2nd Addition Action To Be Considered: To approve an extension of the Final Plat approval for Cedar Grove Townhomes 2nd Addition — CalAtlantic Group, Inc. (Ryland Homes) Facts: ➢ The City Council initially approved the Final Subdivision) on September 1, 2015. ➢ Cedar Grove Townhomes 2nd Addition consists of 6 (6) townhome lots and one lot for the private drives and common property. ➢ The applicant is requesting an additional 90 days to record the Final Plat. While City staff and the County Surveyor have approved the final plat, the Torrens process is not yet complete. ➢ Approval of the extension will set a new recording date of February 1, 2016. Issues: None Attachments: (2) CM -1 Location Map CM -2 Letter of request for extension • LL 0cq od• •cm CD M 75 1. ,. IL 0 •LL — _ ID Z LO .f • ■ ■.tso �M•®.I X00 •■,� ® �� • �, ••, •nisi►�1�♦������.` �' � � �►�'♦ �•:®■� �', � ■ r■■;■■■■■■■■ ■■ r �• �� � �►�'ar~'sem �i �i ®, �� ������ • ' ilii®,e�� �; �� ° �' t�•� r. is � s®�,% OIOBO��•�' �� ,e^� � '!1 � ,p0 a •. ®�,,® ,, �,;` ��®■ ®Ilii' �_ a ®Y s U !C R 1� 4° CALATLANTIC HOMES continuing the legacies of Ryland and Standard Pacific Twin Cities 7599 Anagram Drive Eden Prairie, MN 55344 952-229.6000 Tel www.calatianticliomes.com November 6, 2015 City of Eagan Pamela Dudziak — Planning Department 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Cedar Grove Townhomes 2nd Addition Final Plat Extension CalAtlantic Group, Inc. (CalAtlantic Homes), successor by merger to The Ryland Group, Inc. (Ryland Homes) requests that the Cedar Grove Townhomes 2nd Addition Final Plat approval be extended 90 days from the original expiration date of November 2, 2015. The extended expiration date would be February 1, 2016. The Final Plat will be recorded as CalAtlantic Group, Inc., a Delaware corporation once the Torrens process is complete for the property. Please feel free to call me at (952) 229- 6063 if there are any questions. Sincerely, CalAtlantic Group, Inc. Tracey Rust, PE Entitlement Manager Agenda Information Memo November 17, 2015, Eagan City Council Meeting CONSENT AGENDA N. Approve Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on January 30, 2016 at 3355 Columbia Drive Action To Be Considered: To adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on January 30, 2016 at Faithful Shepherd Catholic School, 3355 Columbia Drive. Facts: ➢ Faithful Shepherd Catholic School has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CN -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHERAS, Faithful Shepherd Catholic School has applied for an Exempt Permit to conduct a raffle on January 30, 2016; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on January 30, 2016 at 3355 Columbia Drive. Motion by: Seconded by: Those in favor: Those against: Date: November 17, 2015 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Cleric I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of November, 2015. City Clerk Agenda Information Memo November 17, 2015, Eagan City Council Meeting CONSENT AGENDA O. Approve a Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School on January 30, 2016 at 3355 Columbia Drive Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Live and Silent Auction on January 30, 2016 at 3355 Columbia Drive. Facts: Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for their annual Live and Silent Auction on January 30, 2016. The event will be held inside the Faithful Shepherd Catholic School building, located at 3355 Columbia Drive. The event is a fundraiser for the school. ➢ Faithful Shepherd Catholic School has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (1) CO -1 Letter from Faithful Shepherd Catholic School F Faithful Shepherd Catholic School 1 3355 Columbia Drive I Eagan, MN 55121 Phone 651.406.4747 1 Fax 651.406.4743 I fscsmn.org October 30, 2015 Dear City Council Members; I respectfully request that the Eagan City council waive the application fee for the temporary liquor license to be used on January 30, 2106. We are holding our Gala for Giving at Faithful Shepherd Catholic School and Tri -Parish Center. The purpose of the event is fundralsing. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. ➢ The designated property of the event will be limited to the school grounds, which includes the school building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. ➢ No person under the age of 21 will be sold or served alcoholic beverages. 9 No person will sell or give alcoholic beverages to an obviously intoxicated person. A All persons who consume, purchase, or possess an alcoholic beverage In the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided by the City of Eagan). ➢ The Welcome Committee will verify proper photograph Identification for those individuals that are under the age of 21. ➢ No person selling alcohol shall be intoxicated during his or her work shift. Licensee will post signs at all entrances of the school to notify the public that sales and consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is prohibited. ➢ Licensee will provide volunteer private security to monitor the licensed area. ➢ Licensee will follow the designated hours listed in the City of Eagan procedures. > Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site manager will complete training in alcohol beverage service and will train server and security personnel in the same. If you have any questions, I can be reached at (651) 406-4747, Thank you for your consideration. Respectfully submitted. J v 1 ,/, (�, Mike Randall Executive Director Agenda Information Memo November 17, 2015 Eagan City Council Meeting i410101:IGk911040Usl P. Contract 15-11, Well #22 Development Action To Be Considered: Receive bids for City Contract 15-11 (Well #22 - Development) and award a contract to E.H. Renner & Sons, Inc. for the bid amount of $375,675.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-11 provides for drilling and development of City Well #22 within the Central Park Commons development, as programmed for 2015 in the City's 5 -Year Capital Improvement Program for Public Works Infrastructure, Part III, (2015-2019), as adopted by the City Council on June 3, 2014. ➢ On October 6, 2015, the City Council approved the plans & specifications and authorized a bid opening for November 12. ➢ All easements have been acquired to accommodate the construction activity for said improvements. ➢ All of the construction activity for said improvements has been designed to occur within public right-of-way or acquired easements. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid of $375,675.00 from E.H. Renner & Sons, Inc has been reviewed by the Public Works Department (Utilities Division) and is in order for favorable Council action. Attachments (1) CP -1 Bid Summary BID SUMMARY WELL #22 DEVELOPMENT CITY CONTRACT NO. 15-11 CITY PROJECT NO. 1186 Bid Date/ Time: 10:30 a.m., Thursday November 12, 2015 Engineer's Estimate: $500,000 Bidders Total Base Bid Over/Under Estimate 1) E.H. Renner & Sons, Inc., $ 375,675.00 -24.9% 2) Mark J Traut Wells $ 382,430.00 -23.5% 3) Keys Well Drilling Co. $ 417,340.00 -16,5% Agenda Information Memo November 17, 2015 Eagan City Council Meeting CONSENT AGENDA Q. Electrical Service Agreement for East Thomas Lake Aerator -1380 Wilderness Run Road Action To Be Considered: Approve an agreement between the City of Eagan and the property owner of 1380 Wilderness Run Road for providing electrical service for winter aeration of East Thomas Lake. Facts: ➢ Eagan's Neighborhood Fishing program supports a recreational fishing opportunity within about a mile of most residences. The City's fishing lakes often need supplemental oxygen to avoid winter kills caused by thick ice and snow cover that can block sunlight significantly, changing conditions from oxygen -producing photosynthesis to oxygen -depleting decomposition. Water Resources staff routinely monitors winter oxygen in lakes, and when necessary, installs floating electrical aerators, according to Minnesota DNR permits. ➢ With only two exceptions, Bald Lake and East Thomas Lake, there are appropriate electrical service connections for the aerators within City parks. ➢ On March 16, 2004, the City Council approved the first agreement to provide winter electrical service from 1380 Wilderness Run Road for East Thomas Lake. It approved a second, similar agreement for Bald Lake on January 2, 2013, and on December 2, 2014, the City Council approved another agreement with a different homeowner at 1380 Wilderness Run Road. ➢ The home at 1380 Wilderness Run Road was recently bought by new owners. Staff sent a letter to the residence in late -October 2015 (see Attachment). The new owners, Bill and Mary Lubanovic, subsequently confirmed support of an agreement. ➢ Similar to the others, the basic agreement would provide for compensation of the calculated amount of electricity used by the aerator, based on the current Dakota Electric residential kilowatt-hour rate. ➢ The costs for this agreement would be paid by the Stormwater Utility Fund through the approved budget of the Water Resources program. Attachments (1) CQ -1 October 28, 2015 Letter to 1380 Wilderness Run Road October 28, 2015 Mike Maguire Mayor New Resident Paul Bakken 1380 Wilderness Run Rd Cyndee Fields Eagan, MN 55123 Gary Hansen Dear Resident, Meg Tilley Council Members Welcome to your new home next to East Thomas Lake! Perhaps you know there are more than 1,250 natural and constructed bodies of water in Eagan. Thirty of them are classified as lakes. Including East Thomas, some of the lakes are managed for fish population survival, both for recreational David M. Osberg opportunities and for improved water quality. Our fisheries management activities include aerating City Administrator lakes when dissolved oxygen levels drop below a critical level in winter. The aeration system is a motor attached to a floating pontoon that is placed in the lake between 50 and 100 feet from shore. We also post "thin ice" signs as required by the DNR permit for this operation. Winter aeration is an important tool to keep thriving fish populations growing. East Thomas Lake has been aerated since 2004. Because we have no other available electrical supply, the previous homeowner at 1380 Wilderness Run Road allowed the City to use the outside outlet Municipal Center between the air conditioner and the screened porch to connect the aerator. They also allowed City 3830 Pilot Knob Road access through the yard for inspection and maintenance of the machine and signs, as needed. At the Eagan, MN 55122-1810 end of each season, the City reimbursed the resident for the electrical cost, which ranged from 651,675.5000 phone approximately $300 to $500 per season. The earliest we have installed aerators has been mid - 651.675.5012 fax December, and we continue the operation until the ice starts to break up, which is possibly late March or early April. The machines run 24 hours per day, 7 days per week, and makes a muffled sound, but 651.454.8535 TDD the previous homeowner did not find it troublesome. We respectfully request you to consider continuing this arrangement. If you are interested, we will Maintenance Facility need some time to process an approval by the City Council and simple paperwork. If you are not 3501 Coachman Point interested for any reason, this is fine, but please let me know before Thanksgiving at the latest so we Eagan, MN 55122 may have the necessary time to coordinate a different option before winter. 651.675.5300 phone We look forward to hearing from you. Please call me for any questions or concerns at (651) 675-5330. 651.675.5360 fax 651,454.8535 TDD Thank you very much for your consideration. Sincerely, www.cityofeagan.com Eric Macbeth Water Resources Manager www.cityofeagan.com/lakesandwetlands The Lone Oak Tree www.cityofeagan.com/fishing The symbol of Ce: Jessie Koehle, Water Resources Technician strength and growth in our community. Agenda Information Memo November 17, 2015, Eagan City Council Meeting R. Project 14-D, Long Acres 3rd Addition Final Acceptance Action To Be Considered: Acknowledge the completion of Project 14-D (Long Acres 3rd Addition — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: ➢ Long Acres 3rd Addition is a single-family subdivision in southeast Eagan that consisted of site grading and the installation of public improvements, including sanitary sewer and water main services and Biscayne Avenue street patching. This construction activity was all performed privately by the developer under the terms and conditions of the development contract agreement. ➢ The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo November 17, 2015 Eagan City Council Meeting CONSENT AGENDA S. Telecommunications Lease Amendment Agreement New Cingular Wireless PCS, LLC (AT&T) Action To Be Considered: Approve a telecommunication lease amendment with New Cingular Wireless PCS, LLC (AT&T), for antenna upgrade installations on a designated water reservoir site and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The City has received an application from New Cingular Wireless PCS, LLC (AT&T) for the upgrade of wireless communication system antennas on the Yankee Water reservoir site located at 760 Yankee Doodle Road in central Eagan. ➢ The application has been reviewed by the City's Engineering Consultant, Radio Communication Consultant, City Attorney's Office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. Attachments (0) Agenda Information Memo November 17, 2015, Eagan City Council Meeting CONSENT AGENDA T. Approve a Subrecipient Agreement between the Dakota County Community Development Agency and the City of Eagan Actions To Be Considered: To approve a Subrecipient Agreement between the Dakota County Community Development Agency and the City of Eagan to administer Community Development Block Grant funds. Facts: ➢ The City of Eagan is a Subrecipient of Community Development Block Grant (CDBG) funding through a Cooperative Agreement between the City and the Dakota County Community Development Agency. ➢ As the "Grantee", the Dakota County CDA is responsible for administration of CDBG funding and requires a Subrecipient Agreement with the City for Eagan to directly administer activities such as Youth and Senior Programming. ➢ The Agreement with be in place for two program years and cover programming until June 30, 2017. ➢ The Agreement was reformatted from previous years to comply with changes in HUD requirements. The most significant change effecting current Eagan programming is that HUD now requires expenditures of CDBG funds within 4 years of receipt. City Staff will continue to monitor and work with CDA Staff to ensure funds are spent within time requirements. ➢ The Agreement exhibits will be replaced annually as future programming allocations are known. Issues: None Attachments: (1) CT -1 Subrecipient Agreement TO: Dakota County CDBG Subrecipients 1228 Town C%ontre Drive j Eagan, MN 55123 PHONE 651-675-4400 1 -,mh i { 711 wwwdakotacda.org. FROM: Lisa Alfson, Director of Community and Economic Development DATE: November 2, 2015 Please find enclosed two copies of your Subrecipient Agreement for the Community Development Block Grant (CDBG) program for Fiscal Year 2015 (July 1, 2015 through June 30, 2017) (the "Agreement"). This Agreement is necessary for every city or township that directly administers a CDBG-funded activity. The Agreement only covers those activities that you directly administer, so it will not necessarily include all CDBG funding that you receive (i.e., residential rehab loans administered by the CDA). You must also execute a similar agreement between yourself and any other organization that administers a CDBG-funded activity on your behalf. The Agreement will be in place for the next two (2) program years; Exhibits A -D will change annually or as necessary. Therefore, you will see Section I. Time of Performance now refers to Fiscal Years 2015 through 2016. This year, significant time was spent reformatting the Agreement, making it difficult to provide all of the changes in a tracked manor. But I would like to highlight some of the more significant changes including: 1. Section III. —Extended language was added to further explain the Federal requirements each Subrecipient must comply with in order to utilize CDBG funding. 2. Section IV.D. — Previously, any real property acquired with CDBG funds in excess of $25,000 would be subject to reimbursement to the Grantee until five (5) years after the Subrecipient no longer participated in the CDBG Entitlement program. The Agreement now imposes a five (6) year timeline from the expiration of the agreement. In both cases, the use of the real property must meet a national objective during the five (5) years. 3. Section VI11.13 & C — HUD now requires the expenditure of grant allocations to the Subrecipient within four (4) years for receiving CDBG funds. The expenditure deadlines can found on Exhibit A and any funds that are at risk of being recaptured as a result. 4. Exhibits — The exhibit portion of the Agreement was condensed and rearranged. Annually, the Agreement will amend exhibits A -D. I have included two originals for your signature; please sign both and return one fully executed to me and keep one for your files. Please sign and return the Agreement as soon as possible. CDBG reimbursements for 2015 activities cannot occur until the Agreement is fully executed and received. Each Subrecipient may decide whether city council action is needed prior to the execution of the Agreement; the CDA does not require council action. Please feel free to contact me at 651-675-4467 if you have any further questions. Enclosure THIS AGREEMENT entered into this day of , 2015 by and between the Dakota County Community Development Agency (herein called the "Grantee") and the City of Eagan (herein called the "Subrecipient"), which pertains to a time period that begins and ends as identified in Section I of this Agreement based on each year's Funding ApprovaVAgreement (Exhibit B) approved by the U.S. Department of Housing and Urban Development ("HUD"), which identifies July 1 as the date use of funds may begin; and WHEREAS, the Grantee is the administering agency for funds received from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383, to Dakota County as an Urban Entitlement County under the Community Development Block Grant (CDBG) Program; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Grantee and Subrecipient agree as follows: ,TIME OF PERFORMANCE. Services of the Subrecipient shall start on the first day of July 2015 and end on the last day of June 2017, which is the current Fiscal Year 2015 and the 5 -year term associated with the CDBG, HOME and ESG Cooperative Agreement for Fiscal Years 2015 through 2016. This Agreement and the provisions herein remains in effect until it is replaced by a subsequent Subrecipient Agreement. ii. SCOPE OF SERVICES. The Subrecipient agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. A. Activities, The Subrecipient will be responsible for the administration of Activities identified in Exhibit A, in a manner satisfactory to the Grantee and consistent with any required standards. Exhibit A shall be amended each Fiscal Year in accordance to the Activities approved for and undertaken by the Subrecipient, including ongoing Activities from previous fiscal years. i. Prohibited Activities. The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; lobbying; political patronage; and nepotism activities. ii. Religious Activities. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by Page 1 of 46 Eagan Subrecipient Agreement 24 CFR 570.2000)(2), such as worship, religious instruction, or proselytization. Faith -based organizations are eligible, on the same basis as any other organization to participate in CDBG programs and activities in accordance with 24 CFR 5.109(b) and 24 CRF 570.2000)(1) provided that the organizations do not engage in any inherently religious activities as part of the programs or services supported by CDBG funds. B. National Oboectives. The Subrecipient will provide documentation to certify that the Activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's national objectives, including: (1) benefit low- and moderate income persons; (2) aid in the prevention or elimination of slums and blight; and (3) meet community development needs having a particular urgency. As required in 24 CFR Part 570.200(a)(2) and as defined in 24 CFR Part 570.208 (Exhibit E). C. Use of Funds. The Activities identified in Exhibit A can begin to incur costs no sooner than July 1 of each year or indicated in Exhibit C. III. FEDERAL COMPLIANCE. The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570, concerning CDBG including Subpart of these regulations, except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities described at § 570.604; and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR Part 52.The Subrecipient also agrees to comply with all other applicable Federal regulations and policies enumerated below as they apply to the performance of this Agreement. A. Citizen Participation. Comply with all HUD citizen participation requirements under the Dakota County HOME Consortium Citizen Participation Plan (CPP) and conformance with 24 GFR 91.105. The CPP can be found on the Dakota County CDA website at www.dakotacda.state.mn.us B. Environmental Conditions. Ensure program compliance with the following federal regulations. i. Air and Water. a. Clean Air Act, 42 U.S.C, 7401, et seq.; b. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; c. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. ii. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Page 2 of 46 Eagan Subrecipient Agreement Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). iii. Lead -Based Paint. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. iv. Historic Preservation. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are 50 years old or older, or that are included on a Federal, state, or local historic property list. C. Environmental Review. The Grantee shall insure that all Activities comply with environmental review requirements, unless otherwise stated herein. This would include the Grantee's completion of a study and assessment of each Activity in conformance with the National Environmental Policy Act of 1967. The Subrecipient shall furnish the Grantee a copy of any updated environmental report. D. Acquisition and Relocation. The Subrecipient agrees to comply with all aspects of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences. (Exhibit D). Page 3 of 46 Eagan Subrecipient Agreement E. Labor Standards. The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7. The Subrecipient is required to insert in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The Grantee will be the contact for all contracts subject to such regulations and oversee the implementation of the hour and wage requirements of this part. The Grantee will maintain the documentation that demonstrates compliance. F, Affirmatively Furthering Fair Housing. In accordance with the Fair Housing Act (42 U.S.C. 3601-3620), the subrecipient will administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. G. Equal Opportunity Compliance. The Subrecipient shall maintain compliance with the provisions of Section 3 of the HUD Act of 1968, as amended; Women and Minority Owned Businesses requirements; Federal Equal Employment Opportunity Act, Executive Orders and Civil Rights Act of 1964 as specified in 24 CFR 135.20. I. "Section 3" Clause. The Subrecipient agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located. Where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. Award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located. Where feasible, priority should be given to -- business concerns that provide economic opportunities to low- and very Page 4 of 46 Eagan Subrecipfent Agreement low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipfent further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Women and Minority Owned businesses ML/MBE). The Subrecipfent will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. iii. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. iv. All other Federal Acts or Regulations and requirements of HUD, including but not limited to Executive Order 11246 prohibiting discrimination in employment contracts, and directing government contracts to establish and maintain affirmative action. H. Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 GFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported -by ------ Federal __-- - -- Federal funds; --- ------------__._._,_ Page 5 of 46 Eagan Subrecipient Agreement b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. I. Compliance with Common Rule and Uniform Administrative Requirements. The Subrecipient shall comply with all applicable requirements at 24 CFR 570.502 and 2 CFR 200. IV. ADMINISTRATIVE REQUIREMENTS A. Records to be Maintained. The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: L Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; ii. Records required to determine the eligibility of activities; iii. Records of all program claims and disbursements. The Subrecipient shall prepare a Request for Reimbursement Form (Exhibit G) listing all claims certified and paid by the Subrecipient for Activities and submit this Form to the Grantee iv. Ensure compliance with 3 -day rule requirements once funds are received by the Subrecipient from the Grantee. v. Provide the Grantee with information necessary to submit reports as outlined in 24 CFR 570.507. vi. Submit to the Grantee quarterly progress reports of any outstanding Activities. The status report shall be submitted to the Grantee by or before the 30th of October, January, April, and July. B. Record Retention. The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to Agreement a period of three (3) years from the date of submission of the final expenditure report or three (3) years after the grant is closed, whichever is longer. Such records shall be made available for audit or inspection at any time upon request of the Grantee or its authorized representative. Page 6 of 46 Eagan Subredpfent Agreement Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues. L Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. ii. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited. Unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. C. Program Income. The Subrecipient shah report all program income as defined in 24 CFR 570.500(a) generated by activities carried out with CDBG funds. The Subrecipient shall return all program income immediately to the Grantee except for revolving accounts approved by the Grantee. Program income will be disbursed according to the Program Income Policy attached as Exhibit H. D. Reversion of Assets. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds under this Agreement at the time of expiration, cancellation, or termination. Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be: L Used to meet one of the national objectives in 24 CFR Part 570.208 (Exhibit E) until five (5) years after the expiration of this Subrecipient agreement; or ii. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real properly acquired or improved under this Agreement after the expiration of the five-year period. iii. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. E. Audit. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized Page 7 of 46 Eagan Subredplent Agreement representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. L The Subrecipient shall make available an audit or, upon prior approval by the Grantee, a copy of their financial statements for the fiscal years the grant is in effect. Audits must be performed by a Certified Public Accountant in accordance with generally accepted auditing principles and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 GFR 200. V. ADMINISTRATION COSTS. In consideration of the prompt and efficient carrying out of the requirements of this Agreement and 24 CFR Part 570, Subpart J, the Subrecipient may request that the Grantee reimburse the Subrecipient based on general administration budgets identified in Section VI. Such administration costs shall come solely from CDBG sources. Accurate records of administrative costs shall be kept by the Subrecipient, and billing shall be made at such times as are convenient to implement the Grantee's requisition for funds from HUD and no less frequently than quarterly. For the purposes of this Agreement, general administration costs are defined as follows: A. Salary costs actually incurred by the Subrecipient for time expended by its employees on all phases of the activity/project. I. Accrual costs such as flex leave/vacation or a severance pool are disallowed. B. Mileage, supplies and publication costs. C. Proportionate share of allowable overhead expenses figured on time expended basis. D. Costs incurred through attendance at applicable development conferences within the term of this Agreement, including registration fees and travel expenses. Conference attendance shall be for the purpose of gaining additional information on CDBG regulations and/or program activity implementation. VI. BUDGET. This Agreement replaces all previous Subrecipient Agreements and is applicable to prior fiscal year(s) Activities which are not yet completed and to new Activities programmed for CDBG Grant Fiscal Years 2015 through 2018 as outlined in Exhibit A. It is understood that the Funding Approval/ Agreement (HUD 7082) which is attached hereto as Exhibit B is based upon program budgets reflecting actual receipt of CDBG funds from HUD of which a designated portion is allocated to the Subrecipient as the maximum amount available for each Fiscal Year. The annual allocation amount is based on a formula allocation provided by HUD and approved by the Dakota County Board of Commissioners. Some or all of the Subrecipient's total annual allocation will be administered by the Subrecipient and is covered by this Agreement. Page 8 of 46 Eagan Subrecipient Agreement VII. OBLIGATIONS AND RESPONSIBILITIES. The Subrecipient agrees to assume and carry out the Grantee's obligations and responsibilities under; A. The Cooperation Agreements entered into between Dakota County and the Subrecipient concerning the Dakota County CDBG Program; and B. The Supplemental Agreements to the aforementioned Cooperation Agreements entered into between Dakota County and the Subrecipient. C. A Subrecipient's failure to comply with any provision of this Agreement may lead to corrective actions by the Grantee. The Grantee shall provide the Subrecipient with written notice of the Subrecipient's failure to comply with certain provisions. The Subrecipient will have fifteen (15) days upon receipt of the notice to respond in writing as to the corrective action that will be taken. Failure to respond to the notice and/or to implement the proposed corrective action(s) to the Grantee's sole and full satisfaction will cause the Grantee to take remedial action, including, but not limited to the following: i. Reimbursement requests will not be processed by the Grantee; ii. CDBG funds will be recaptured from the Subrecipient that have already been expended or obligated; and/or iii. The Grantee will terminate this Agreement. D. The Grantee has the right to require the Subrecipient to repay CDBG funds if any of the following conditions occur: L HUD requires payback for any reason; ii. The Grantee has not been informed of a service or program change by the Subrecipient and has expended funds for such purposes; iii. The Grantee has decided that a cost was disallowed or unauthorized after the Subrecipient obligated such cost; or iv. The Subrecipient receives funds, rebates or interest on CDBG reimbursed expenses, and it has not forwarded these funds to the Grantee. VIII. PERFORMANCE MONITORING. The Grantee will monitor the progress and performance of the Subrecipient by timely expenditure of allocations and by conformance with CDBG program regulations. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. A. Timeliness. HUD requires that sixty (60) days prior to the end of the Grantee's program year, the amount of non -disbursed CDBG funds be no more than 1.5 times the entitlement grant for its current program year. The Subrecipient will be held to the same timeliness test and is expected to have no more than 1.5 times the allocation as of May 2n" each year. B. Grant -Based Accounting. As of the 2015 Fiscal Year, HUD has implemented grant -based accounting for the CDBG program. The Subrecipient must expend grant allocations within four (4) years. The expenditure deadline can be found on Exhibit A. Page 9 of 46 Eagan Subrecipient Agreement C. Reallocation & Recapture. Reallocation of funds, if necessary to meet the 1.5 spenddown ratio requirement, will be done according to the CDBG Contingency Plan attached in Exhibit I. The Grantee has the right to recapture unexpended or unobligated funds that are older than four (4) years prior to the current Fiscal Year. Recaptured CDBG funds will be added to an approved county -wide CDBG Activity or a competitive pool. D. Quarterly Reporting. The Subrecipient shall provide quarterly reporting to the Grantee by the 30th day of October, January, April, and July. Reporting shall include all outstanding Activities as listed on Exhibit A. E. Onsite Monitoring. The Grantee may perform onsite monitoring of the Subrecipient to assure compliance, Results of monitoring efforts shall be summarized in written reports and document follow-up actions to be taken to correct areas of noncompliance. IX. GENERAL. CONDITIONS. The following shall apply to the Subrecipient and this Agreement: A. Independent Contractor. For the purpose of this Agreement, the Subrecipient shall be deemed an independent contractor, and not an employee of the Grantee. Any and all employees of the Subrecipient or other persons, while engaged in the performance of any work or services required by the Subrecipient under this Agreement, shall not be considered employees of the Grantee; and any and all claims that may or might arise on behalf of said employees or other persons as a consequence of any act or omission on the part of said employee or the Subrecipient shall in no way be the obligation or responsibility of the Grantee. B. Hold Harmless. It is further agreed that the Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, demands, actions, judgements or causes of action arising out of any act or omission on the part of the Subrecipient, its agents, servants, or employees in performance of, or with relation to, any of the work or services performed or furnished by the Subrecipient under the terms of the Agreement. It is further agreed that the Subrecipient shall notify the Grantee of any actual or potential claims against the Grantee that may arise as a consequence of any of the work or services performed or furnished by the Subrecipient under the terms of this Agreement. C. Transfer. The Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment or subcontract, without the prior written consent of the Grantee. D. Amendments. Any alteration, variation, modification, or waiver of a provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties, with the exception of Administrative-Amendments------- defined dministrative-Amendments----- defined as any revision to the original annual budget (Exhibit A). Any request to Page 10 of 46 Eagan Subrecipient Agreement amend the annual budget, create or cancel an activity, or change the national objective will require written approval by the Subrecipient and may be subject to the Citizen Participation Plan. The Grantee retains the right to make Administrative Amendments without the approval of the Subrecipient for substandard performance of timely expenditure. E. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by either party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive. F, Liabili . Notwithstanding any other provision of this Agreement to the contrary, the Subrecipient shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this Agreement by the Subrecipient, and the Grantee may withhold any payments to the Subreciplent for the purpose of set-off until such time as the exact amount of damages due the Grantee from the Subrecipient is determined. G. Entire Agreement. This Agreement, as well as Exhibits A through I, which are attached hereto and incorporated herein by reference, shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. H. HUD Approval. It is expressly understood between the parties that this Agreement is contingent upon the approval of HUD and its authorization of grant monies to the Grantee for the purpose of this Agreement. Violation of Law. Should any of the above provisions be subsequently determined by a Court of competent jurisdiction to be in violation of any Federal or State Law or to be otherwise invalid, both parties agree that only those provisions so adjudged shall be invalid and that the remainder of this Agreement shall remain in full force and effect. Discrimination. The Subrecipient agrees to comply with all Federal, State and local laws and ordinances as they pertain to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. K. Applicable Laws, The Subrecipient further agrees to comply with all Federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Subrecipient performance of the provisions of this Agreement. Lr State Law. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. - - - - - -- - -- - _ - --- - --- Page 11 of 46 Eagan Subrecipient Agreement M. Suspension and Termination. In accordance with 24 LFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any of the provisions hereof, and the award may be terminated for convenience in accordance with 24 CFR 85.44. Such termination shall occur thirty (30) days after receipt by the Subrecipient of written notice from the Grantee specifying the grounds therefore, unless, prior to such date, the Subrecipient has cured the alleged nonperformance of the provisions of this agreement. X. CERTIFICATION fNTRACT, GRANTS, LOANS ANDCOOPERATIVE AGREEMENTS. The Subrecipient certifies, ♦ the best of its knowledgeand b y A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. S. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. D. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this agreement imposed by section 1332, title 31, U.S. Code. Any person who fails to fie the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 12 of 46 NOTICE. Written notice to be provided under this Agreement shall be provided as follows: For the Grantee: Kari Gill, Acting Executive Director Dakota County CDA 1223 Town Centre Drive Eagan, MN 55123 For the Subrecipient: Dave Osberg, City Administrator City of Eagan 3330 Pilot Knob Rd Eagan, MN 55122 IN WITNESS WHEREOF, the Grantee and the Subrecipient have executed this Subrecipient Agreement on the date indicated below. City of Eagan Dakota County CDA The Subrecipient The Grantee r By By Kari Gili Its Its Acting Executive Director Date of Signature _ Date of Signature. Page 13 of 46 A. Eagan CDBG Activities and Budgets B. Funding Approval/Agreement (HUD 7082) C. Authority to Use Grant Funds (HUD 7015.16) D. Dakota County Anti-Displacement Policy E. 24 CFR Part 570.208 (National Objectives) F. 24 CFR Part 570.600-614 (Subpart K) G. Request for Reimbursement Form H, Program Income and Reuse Policy I. Contingency Plan/Timeliness of Expenditures Page 14 of 46 CDBG funds will be committed to the following Activities after July 1, 2015. Exhibit will be amended as needed on an annual basis through the term of this Agreement. iF r i l j0 [01 ikl I ➢ Activity 1: HOMEOWNER REHABILIATION LOAN PROGRAM • Description: The Homeowner Rehabilitation Loan Program is to assist low and moderate income homeowners in improving and maintaining their homes in a decent, safe and sanitary condition. The program offers 0% deferred loans to homeowners at 80% of median income or below. • Schedule: Ongoing • Budget: $53,033,00 Activity 2: HOMEOWNER REHABILIATION -- WEATHERIZAT'ION PLUS PROGRAM • Description; The Weatherization Plus program combines the focus on energy efficiency of the Weatherization Program with the expanded income limits and repayment component of the Home Improvement Loan program. Eligible homeowners will receive zero interest loans up to an estimated $7,500 available to households with an annual income of 50% - 80% AMI. ® Schedule: Ongoing ® Budget: $5,000.00 Activity 3: HISTORIC REHABILIATION — OLD TOWNHALL Descrii2tion: The former town hall was substantially damaged by arson. Old Town hall was deemed a local historic landmark by city council. The project will be to restore the site to its 1914 condition through rehabilitation and repair of the roof, windows, walls, and restoration of interior and exterior finishes. Schedule: 7/l/2015-6/30/2016 Budget: $100,000.00 Activity 4: PUBLIC SERVICE — DAKOTA HILLS MIDDLE SCHOOL Descri tp ion: Funds will be used to support an afterschool and summer recreation based program to be held at Dakota Hills Middle School. Activities include sports, games, art, dance, science, homework help, and leadership development. The goal is to encourage youth to engage in activities that will improve their connection to school and community in a safe learning environment. Schedule: Ongoing a Budget: $18,000:00 Page 15 of 46 Eagan Subrecipient Agreement Exhibit A > Activity 5: PUBLIC SERVICE — DAKOTA WOODLAND YOUTH Description: Funds will be used to support a year round recreation program for children staying at the Dakota Woodlands homeless shelter. The program is to offer recreational opportunities for children to help develop physical and social skills in a safe environment. Activities will include art, fitness, sport and games and field trips. Schedule: Ongoing Budget: $4,000.00 ➢ Activity 6: PUBLIC SERVICE — SENIOR SERVICES » Description: Programming is provided for a growing senior population to help provide opportunities that focus on keeping them active, challenged and independent. Program activities focus on health and wellness such as Yoga, Tai Chi, watercolor painting, nutrition and personal development classes. Schedule: Ongoing Budget: $13,000.00 ALLOCATION YEAR — 2014 All funds must be expended by June 30, 2018 Activity 1: HOMEOWNER REHABILIATION LOAN PROGRAM Description: The Homeowner Rehabilitation Loan Program is to assist low and moderate income homeowners in improving and maintaining their homes in a decent, safe and sanitary condition. The program offers 0% deferred loans to homeowners at 80% of median income or below. 9 Schedule: Ongoing a Remaining Budget as of 9/30/2015: $52,666.41 Activity 2: HOMEOWNER REHABILIATION WEATHERIZATION PLUS PROGRAM • Description: The Weatherization Plus program combines the focus on energy efficiency of the Weatherization Program with the expanded income limits and repayment component of the Home Improvement Loan program. Eligible homeowners will receive zero interest loans up to an estimated $7,500 available to households with an annual income of 50% - 80% AMI. • Schedule: Ongoing • Remaining Budget as of 9/30/2015: $5,000.00 Activity 4: PUBLIC SERVICE — DAKOTA HILLS MIDDLE SCHOOL • Description: Funds will be used to support an afterschool and summer recreation based program to be held at Dakota Hills Middle School. Activities include sports, games, art, dance, science, homework help, and leadership development. The goal is to encourage youth to engage in activities that will improve their connection to school and community in a safe learning environment, • Schedule: Ongoing --_...._............................__......._._........ .... ....... ._..... _..... .... ...... ....... ..... ........ ...... • Remaining Budget as of 9/30/2015: $9,091.52 Page 16 of 46 Eagan Subredpient Agreement Exhibit A ➢ Activity 5: PUBLIC SERVICE. — DAKOTA 1NOODLAND YOUTH • Description: Funds will be used to support a year round recreation program for children staying at the Dakota Woodlands homeless shelter, The program is to offer recreational opportunities for children to help develop physical and social skills in a safe environment. Activities will include art, fitness, sport and games and field trips. • Schedule: Ongoing • Remaining Budget as of 9/30/2015: $1,320.98 ➢ Activity 6: PUBLIC SERVICE — SENIOR SERVICES Descrigtion: Programming is provided for a growing senior population to help provide opportunities that focus on keeping them active, challenged and independent. Program activities focus on health and wellness such as Yoga, Tai Chi, watercolor painting, nutrition and personal development classes. ® Schedule: Ongoing ® Remaining Budget as of 9/30/2015: $17,000.00 a > Activity 1: HISTORIC REHABILIATION —OLD TOWN HALL • Description: The former town hall was substantially damaged by arson. Old Town hall was deemed a local historic landmark by city council. The project will be to restore the site to its 1914 condition through rehabilitation and repair of the roof, windows, walls, and restoration of interior and exterior finishes. • Schedule: 7/112015-6/30/2016 • Remaining Budget as of 9/30/2015: $70,000.00 Activity 2: HOMEOWNER REHABILIATION — WEATHERIZATION PLUS PROGRAM Description: The Weatherization Plus program combines the focus on energy efficiency of the Weatherization Program with the expanded income limits and repayment component of the Home Improvement Loan program. Eligible homeowners will receive zero interest loans up to an estimated $7,500 available to households with an annual income of 50% - 80% AMI. Schedule: Ongoing Remaining Budget as of 9/30/2015: $40,607.00 A Activity 3: PUBLIC SERVICE -- SENIOR SERVICES a Description: Programming is provided for a growing senior population to help provide opportunities that focus on keeping them active, challenged and independent. Program activities focus on health and wellness such as Yoga, Tai Chi, watercolor painting, nutrition and personal development classes. * Schedule: Ongoing ® Remaining Budget as of 9/30/2015: $10,816.62 Page 17 of 46 Eagan Subrecipient Agreement Exhibit A ALLOCATION YEARS SUBJECT TO RECAPTURE Any funds listed below may be subject to recapture as discussed in Section VIII of the Agreement if not expended by June 30, 2015. Activity 1: HOMEOWNER REHABILIATION — WEATHERIZATION PLUS PROGRAM m Description: The Weatherization Plus program combines the focus on energy efficiency of the Weatherization Program with the expanded income limits and repayment component of the Home Improvement Loan program. Eligible homeowners will receive zero interest loans up to an estimated $7,500 available to households with an annual income of 50% - 80% AMI. Schedule: Ongoing o Remainina Bucket as of 9/3012015: $9,982.61 Page 18 of 46 Eagan Subrecipient Agreement .:. EXHIBITENT AGREEMENT f Funding Approval/Agreement Tithe f of the Houng and Community Development At (Pubilo Law 930383) Community Development Authority Administration Center 1980 West Highway 66 Hastings, MN 55033-2343 Exhibit B U,S, Department of Housing and urban Oevelopnwnt Office of Community Plonning and Development Community Development Block Grant Program GMB Approval No. 2506-0193 (exp 1/31/2015) c atlpipreT 3h.0 eWN8lir. kusteupollunftmaybnm iDNumbar 963108121 t '07/01/2015 41-1 2 5a. projaeUCiraatt hb. i Sa. Arawnt od B1 -r -UG -2T 03 i$1.072.367.0 parity ofTitle I ofthe Housing end ComAmity Developautat tut of 1474, as atnctdod, (42 USC 5301 et sod,). The GGhtnteo's submissions for Title I assistame, the ill3it regulations at 24 CPR Pant 570 (aa now in offect and as rosy to aateaded from time to time), and this Funding Approval including any special atatditiom'addead o, csx tituta part of �a eat. Suhjeat to ttaa provisions of this Gmt AgromM HUD will make the ffinft assistsm specified here mMlo to the QWtft upon execution of the Agreement by the pattiaa. The fhm#ng assistance specified In the Funding Approvat may be used to pay owis incanted Offer the dew specified is item 4 above provided 1be activities to which mob oasis ars rotate are carried out in compfieane with all a ticable ro luimnenta, ant costa many not be paid with fWing essislance specified hero unIesa they am au€horixad in HLM ra mlations or approved by waiver and listed in the spoolol conditions to the banding Appw%al. The Granwe agrees to Wtune all of tw tvapa"`WiGm for otniise mervtel r%iaw, dMdon iodldns, and actiona, as apxi8ad and rjuimil in rVdationa iaaoed by the Secretary pursuant to Section Itla(g) of TiQ® i and publistiod in 24 CFR Pant 38. The Caaate tlslher scknowlodgat its respandbitity fbradherence to the A&temantby sub-wcipie nt entitles to which it makes fbndim asaistunoe he¢mudor available: Michele K. Smith I Dakota County T CPD Director 1, r : , 2015 s, Ebti;lannk ft to*) UNM It.foiWd)(1) Afthed a. HUDAdraWbrod SSI Gime, ON t 2)(8) d, htdfan Olds Prapm, Seo 1 Ne)(1) 4, Surplus Utt t tvalFunds,Sootl2(b) T. lofCot f. SP4el PUMM arab, am 107 Wookorent 9. leen tea, Sao to$7 Pine R b. Fsxrda txnv 7thc intblio oBenpy he&% accepts the {art Agrmmeot execuaed by the Dspaatmont of'Hou a cad Urban Development an the above date with rwpect to the above gramt number(a) as Ckuntee designated to teceiva Joan S mentee as a s, and agreas to amply with the Was and editions of the Agwriont, apAdb regulations, and other liquimetts of MD now or bureafter in aflhot, Wralft to the Kdance pro-fded it C3I 0714112016 0. ot. PW*Q AWoVd ® b. Atoo0imt AntandmMMumW a It 111 °! 1111"IM 11 1 Page 19 of 46 Eagan SubrecipientAgreement Exhibit C Authority to Use U.B. Department of Housing and Urban Development Grant Funds Office of Community Planning and Development TO: (name & address of Grant Recipients name & We of Chief Mean ne Officer) j Copy Tw '(nemo & addroee or SubReciplant) Dakote County CDA Lisa Alfson 1228 Tow; t Centre Lir. Eagan, MN 55123 We received your Request for Release o.fFunds and Certification. form HUD -7015,15 can 5/2612015 Your Request was for tiUD!State identification Number B -15 -UC -27-0003 All objections, if received, have been considered. And the minimum waiting period has transpired. You are hereby authorized to use funds provided to you under the above HUD/State Identification Number. File this form for proper record keeping, audit, and inspection purposes. CABG 2015 Activities Release Date! 6111.2015 Typed Name of Authorizing Officer Signature of Authoraing Officer data (mmtddtyyyy) Michele K. Smith TiabolAuthorizing Officer r� •7 CPD Direcior G[ form HUD+7016.16 (7184) Previous editions are obsolete. rel, Handbook 6513,01 Page 20 of 46 Eagan Subrecipient Agreement Exhibit U * :_'. \ mo i► A J14 V It is the goal of Dakota County to minimize displacement of persons from their homes and neighborhoods when utilizing Community Development Block Grant (CDBG) or HOME Investments Partnership Program (HOME) funds. Displacement has been defined as the involuntary movement of a household from a dwelling as a result of its acquisition, rehabilitation or demolftion when funded in whole or in part with CDBG or HOME funds, or if funded with non-CDBG/HOME when the activity Is a prerequisite for some other CDBG/HOME funded activity. Displacement also includes involuntary movement of a business from a commercial property. In an effort to minimize displacement of households, the following steps will be taken: With the exception of lead based paint hazard reduction, owner occupied properties will not be rehabilitated if displacement is expected to occur. To safely reduce the hazards of lead based paint, the occupants must vacate the impacted areas until a clearance test determines the area is safe. When the impacted areas include the sole means of entry or all entries to the dwelling, the kitchen or food preparation areas, or the sole bathroom or all bathrooms, or the entire dwelling area, the occupants must completely vacate the unit until a successful clearance test is received after the completion of the lead based hazard reduction work. Relocation is voluntary. The homeowner will sign a waiver form acknowledging that they are relocating voluntarily, and that the CDA is not responsible for any costs associated with the relocation, other than a stipend payment of $500.00 that is payable to the homeowner when it is necessary to vacate the residence for a continuous time of 24 hours (or one full day and one full night) during the course of the lead based paint hazard reduction work. 2. Businesses will not receive loans for rehabilitation or expansion if any residential displacement would occur as a result of the rehabilitation or expansion unless such activities are essential for economic development of a community. 3. If acquisition or demolition activities require displacement of a household, the acquiring entity will follow the procedures established in Part I I (Displacement Action Policies). 4. Code enforcement activities and neighborhood groups will not receive CDBG or HOME funds, therefore eliminating the possibility of displacement through code enforcement or through the activities of a neighborhood group. A. Eligible households as defined by the Uniform Relocation Assistance and heal Property Acquisition Policies Act of 1970, as amended (the Uniform Act) that are displaced as a result of CDBG or HOME funded activities will be eligible for moving and/or rental payments at levels as described in the Uniform Act. Persons displaced as a result of CDBG/HOME funded activities will be eligible for moving and/or rental payments at levels described in the Uniform Act. 2. Referrals will be made to agencies that furnish financial counseling, health and social services, or other services that may be helpful to displaced persons. Page 21 of 46 Eagan SubrecipfentAgreement Exhibit D 3. Low and moderate income persons will be given a displacement priority for admission to Low Income Public Housing and Section 8 Housing Assistance Program in Dakota County. 4. All affected persons will be informed of their rights under the policies and procedures set forth under the regulations in the Uniform Act, including their rights under Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968. 5. The projects will be planned and implemented in a manner so as to minimize hardship to the site occupants and involve the least possible degree of displacement in accordance with the needs of the program and the persons displaced. 6. Efforts will be made to provide those persons to be displaced as a result of the activities of the project an opportunity to obtain comparable replacement housing that is: • within their financial means and meets their needs; • reasonably accessible to their places of employment, potential employment, transportation and other commercial and public facilities; and • available on a non-discriminatory basis 7. Displaced businesses will be eligible for benefits as required by the Uniform Act. B. Persons displaced through any rental rehabilitation activities will be assisted in accordance with the Uniform Act or through a process including the following actions: 1. Permanent displacement of a low income person or family will not occur as a result of CDBC or HOME funded activities unless: a. A rental assistance voucher or certificate is available to the person or family that allows them to move to a comparable affordable unit; or b. An acceptable comparable affordable unit is located for the person or family without the provision for rental assistance, and the person or family willingly moves to such a unit; and C. The acquiring entity follows the regulations of the Uniform Act. 2. If it is necessary to temporarily displace tenants in order to accomplish the rehabilitation, it is the responsibility of the owner of the rental unit to reimburse the tenants for their expenses or inconvenience associated with such temporary displacement, according to applicable state and federal laws. Page 22 of 46 Eagan Subrecipient Agreement Exhibit D Relocation, Displacement, and Replacement Housing Plan for the 2015 Dakota County CDBG Program In accordance with the requirements of 24 CFR 507.606 (c)(1)(iii), the following Plan has been prepared and shall be applicable to the activities listed herein funded through the Dakota County Community Development Block Grant Program (CDBG). This plan is public and is part of the Subrecipient Agreements between the Cities undertaking the activities and the Dakota County CDA governing administration of the CDBG Program. The following activities involve vacant structures and/or voluntary transactions. If involuntary displacement occurs, the acquiring entity will follow provisions of the Uniform Act. 1. Proposed CDBG Activities Which Involve Acquisition, Demolition, or Conversion A. South St. Paul -- Acquisition and demolition of substandard, blighted, and dilapidated residential properties in the City of South St. Paul. B. Inver Grove Heights —Acquisition and demolition of substandard and blighted property located in the 100 -year floodplain. 2. Location and Type of Housing Units Affected; Actions to be Taken A. South St. Paul - Housing units acquired and demolished will be located throughout the City of South St. Paul Units affected will be those units that are vacant, uninhabitable, under code enforcement orders, repossessed by the VA or FHA, or otherwise substandard or causing a blighting influence on the surrounding neighborhood. Some acquisitions may be owner initiated. Acquired units will undergo an inspection to determine the feasibility of rehabilitation. When rehabilitation is physically and economically infeasible, acquired units will be demolished. Public notices will announce the units identified for acquisition and demolition or rehabilitation. The South St. Paul HRA anticipates that acquired properties will be vacant or the residents will voluntarily relocate, if involuntary displacement does occur, the South St. Paul HRA will follow the provisions of the Uniform Act. B. Inver Grove Heights - Property acquired will be located along Doffing Ave. between 66th St. and 63rd St., including property fronting on 6501 St., 6411 St., and 63rd St. Both residential and commercial property may be acquired. Residential property in this area is generally of lower value than in other nearby neighborhoods due to the blighting influence of the floodplain and the mix of usages in the area, and thus is more affordable to lower income persons. As properties are identified for acquisition and clearance, the locations will be published. It is anticipated that properties being acquired will be vacant or voluntarily acquired with no threat of condemnation or eminent domain by the City. If involuntary displacement does occur, the provisions of the Uniform Act will be followed. The activities under this project will generally occur between July 1, 2015 and June 30, 2016. 3. Schedule for Project Implementation The activities under this project will generally occur between July 1, 2015 and June 30, 2016. 4. Replacement Units Where units must be replaced in accordance with the regulations cited above, the Cities will cooperate and coordinate with the Dakota County CDA and the Twin Cities Chapter of Habitat for Humanity, or with other groups/entities as appropriate, to provide replacement units that are created either on the sites cleared or at other locations within the participation area for the Dakota County CDBG Program. Please see attached list for replacement units already constructed or in planning stages. 6. Ten Year Affordability Assurance The Family Housing units constructed, owned, and/or managed by Dakota County CDA are intended to be low and moderate income housing for the entire life of the units. Properties developed by private developers using tax credits must adhere to a fifteen (15) year period of affordability. If HOME funds assist with construction, units must remain affordable for twenty (20) years. Any unit used for the purpose of replacement housing will remain affordable for at least ten (10) years from the date of initial occupancy by the relocated household. Page 23 of 46 Eagan Subreclpient Agreement Exhibit D Lm. i 1.114 o] -=11KOTIPERN a Note: More details and updates can be found at www.dakotacda.org. All developments have accessible units. Parkside —122nd Street, Burnsville Twenty-two units of low/moderate income rental housing for families opened for occupancy June 1992. This development includes 1 two bedroom accessible unit; 3 two-bedroom units; and 18 three bedroom units. Dakota County CDA is the property manager. Spruce Point— East of hwy 52, off of Chandler Lane, Inver Grove Heights Twenty-four units of low/moderate income rental housing for families opened for occupancy August 1995. This development includes 1 two-bedroom accessible unit; 4 two bedroom units; and 19 three bedroom units. Dakota County CDA is the property manager. Oak Ridge — South of Difflev & east of Johnny Cake Road, Eagan Forty-two units of low/moderate income rental housing for families opened for occupancy August 1996. This development includes 2 two bedroom accessible units; 18 two bedroom units; and 22 three- bedroom units. Dakota County CDA is the property manager. Pleasant Ridge - North Frontaoe Road, Hastings Thirty-one units of low/moderate income rental housing for, families opened for occupancy August 1997, This development includes 2 two bedroom accessible units; 14 two-bedroom units; and 15 three bedroom units. Dakota County CDA is the property manager. Glenbrook - Germaine Ave., Apple Valley Thirty-nine units of low/moderate income rental housing for families opened for occupancy in 1998. This complex contains 17 two bedroom units and 22 three bedroom units. Dakota County CDA is the property manager. Cedar Valley— Dodd and Cedar, Lakeville Thirty units of low/moderate income rental housing for families opened for occupancy in 1998. This complex contains 14 two bedroom units, 15 three bedroom units and 1 one bedroom accessible unit. Dakota County CDA is the property manager. Chasewood --155' Street, Apple Valley Twenty-seven units of low/moderate income rental housing for families opened for occupancy in 1999. This complex contains 14 two bedroom units and 13 three bedroom units. Dakota County CDA is the property manager. Country Lane — 210th Street West & Hamburg Ave., Lakeville Twenty-nine units of low/moderate income rental housing for families opened for occupancy in 2001. This complex contains 15 two bedroom units and 14 three bedroom units. Dakota County CDA is the property manager. Hillside Gables — Lexington Ave. & 135E, Mendota Heights Twenty-three units of low/moderate income rental housing for families opened for occupancy September, 2001. This complex contains 17 two bedroom units and 6 three bedroom units. Dakota County CDA is the property manager. Page 24 of 46 Fagan SubrecipientAgreement Exhibit D Marketplace — South Frontage Rd., Hastings Twenty-eight units of low/moderate income rental housing for families opened for occupancy September, 2002. This development includes 14 three bedroom units, 13 two bedroom units, and 1 one bedroom accessible unit. Dakota County CDA is the property manager. Heart of the City — East Traveler's Trail, 1251h Street & 1 at Ave Burnsville Thirty-four units of low/moderate income rental housing for families opened for occupancy in 2003. This development includes 1 one bedroom unit, 21 two bedroom units, and 12 three bedroom units. Dakota County CDA is the property manager. Erin Place — Cedar Path, Eagan Thirty-four units of low/moderate income rental housing for families opened for occupancy in 2004. This development includes 24 two bedroom units and 10 three bedroom units. Dakota County CDA is the property manager. Cedar Villas —Villa Parkway, Eagan This development, owned by Shelter Corporation, was developed in conjunction with Erin Place with104 units, including 60 two bedroom units and 44 three bedroom units. This development is a mix of both affordable and market rate units. Prairie Crossing — Icefall Trail & Icefall Way Lakeville Forty units of low/moderate income rental housing for families opened for occupancy in 2005. This development includes 20 two bedroom units and 20 three bedroom units. Dakota County CDA is the property manager. Lafayette — 50th Street East Inver Grove Heights Thirty units of low/moderate income rental housing for families opened for occupancy in 2006. This development includes 1 one bedroom, 15 two bedrooms and 14 three bedrooms. Dakota County CDA is the property manager, West Village — South Frontage Rd, Hastings Twenty-one units of low/moderate income rental housing for families opened for occupancy in 2007. This development includes 11 two bedroom units and 10 three bedroom units. Dakota County CDA is the property manager, Carbury Hills -- Connemara, Trai!, Rosemount Thirty-two units of low/moderate income rental housing for families opened for occupancy in 2006. This development Includes 24 two bedroom units and 8 three bedroom units. Dakota County CDA is the property manager. Twin Ponds — 2231' Street, Farmington Twenty-five units of low/moderate income rental housing for families opened for occupancy in 2009, This development includes 18 two bedroom units and 7 three bedroom units. Dakota County CDA is the property manager. An additional 26 units (Phase 11 of development) will be added to the development and ready for occupancy in summer 2012. Meadowlark — 210th Street and Holiday Ave.. Lakeville Forty units of low/moderate income rental housing for families opened for occupancy in 2010. This development includes 10 three bedroom units, 24 two bedroom units and 6 one bedroom units. Dakota County CDA is the property manager. Page 25 of 46 Eagan Subreciplent Agreement Exhibit d Quarry View a Embry Path. Apple Valley Forty-five units of low/moderate income rental housing for families opened for occupancy mid -2011. This development includes 13 three bedroom units, 31 two bedroom units and 1 one bedroom accessible unit. Dakota County CDA is the property manager. Northwood e Northwood. Eagan Forty-seven units of low/moderate income rental housing for families opened for occupancy summer 2013. This development includes 10 three bedroom units, 22 two bedroom units and 2 one bedroom accessible units. Dakota County CDA is the property manager. Inver Hills --College Trail and Bower Path, Inver Grove Heights Twenty-four units of low/moderate income rental housing for families opened for occupancy January 2014. This development includes 10 three bedroom units, 13 two bedroom units and 1 two bedroom accessible unit. Dakota County CDA is the property manager. Riverview Ridge -- Sibley Memorial Highway, Eagan Twenty-seven units of low/moderate income rental housing for families anticipated to open for occupancy summer 2014. This development includes 10 three bedroom units, 15 two bedroom units and 2 two bedroom accessible units. Dakota County CDA is the property manager. Page 26 of 46 Eagan Subrecipient Agreement Exhibit E §570.208 Criteria for national objectives. The following criteria shall be used to determine whether a CDBG-assisted activity complies with one or more of the national objectives as required under §570.200(a)(2): (a) Activities benefiting low- and moderate -income persons. Activities meeting the criteria in paragraph (a) (1), (2), (3), or (4) of this section as applicable, will be considered to benefit low and moderate income persons unless there is substantial evidence to the contrary. In assessing any such evidence, the full range of direct effects of the assisted activity will be considered. (The recipient shall appropriately ensure that activities that meet these criteria do not benefit moderate income persons to the exclusion of low income persons.) (1) Area benefit activities. (i) An activity, the benefits of which are available to all the residents in a particular area, where at least 51 percent of the residents are low and moderate income persons. Such an area need not be coterminous with census tracts or other officially recognized boundaries but must be the entire area served by the activity. An activity that serves an area that is not primarily residential in character shall not qualify under this criterion. (ii) For metropolitan cities and urban counties, an activity that would otherwise qualify under §570.208(a)(1)(i), except that the area served contains less than 51 percent low- and moderate - income residents, will also be considered to meet the objective of benefiting low- and moderate - income persons where the proportion of such persons in the area is within the highest quartile of all areas in the recipient's jurisdiction in terms of the degree of concentration of such persons. This exception is inapplicable to non -entitlement CDBG grants in Hawaii. In applying this exception, HUD will determine the lowest proportion a recipient may use to qualify an area for this purpose, as follows: (A) All census block groups in the recipient's jurisdiction shall be rank ordered from the block group of highest proportion of low and moderate income persons to the block group with the lowest. For urban counties, the rank ordering shall cover the entire area constituting the urban county and shall not be done separately for each participating unit of general local government. (B) In any case where the total number of a recipient's block groups does not divide evenly by four, the block group which would be fractionally divided between the highest and second quartiles shall be considered to be part of the highest quartile. (C) The proportion of low and moderate income persons in the last census block group in the highest quartile shall be identified. Any service area located within the recipient's jurisdiction and having a proportion of low and moderate income persons at or above this level shall be considered to be within the highest quartile. (D) If block group data are not available for the entire jurisdiction, other data acceptable to the Secretary may be used in the above calculations. (iii) An activity to develop, establish, and operate for up to two years after the establishment of, a. uniform emergency telephone number system serving an area having less than the percentage Page 27 of 46 Eagan Subreciplent Agreement Exhibit E of low- and moderate -income residents required under paragraph (a)(1)(i) of this section or (as applicable) paragraph (a)(1)(ii) of this section, provided the recipient obtains prior HUD approval. To obtain such approval, the recipient must: (A) Demonstrate that the system will contribute significantly to the safety of the residents of the area. The request for approval must include a list of the emergency services that will participate in the emergency telephone number system; (B) Submit information that serves as a basis for HUD to determine whether at least 51 percent of the use of the system will be by low- and moderate -income persons. As available, the recipient must provide information that identifies the total number of calls actually received over the preceding 12 -month period for each of the emergency services to be covered by the emergency telephone number system and relates those calls to the geographic segment (expressed as nearly as possible in terms of census tracts, block numbering areas, block groups, or combinations thereof that are contained within the segment) of the service area from which the calls were generated. In analyzing this data to meet the requirements of this section, HUD will assume that the distribution of income among the callers generally reflects the income characteristics of the general population residing in the same geographic area where the callers reside. If HUD can conclude that the users have primarily consisted of low- and. moderate - income persons, no further submission is needed by the recipient. If a recipient plans to make other submissions for this purpose, it may request that HUD review its planned methodology before expending the effort to acquire the information it expects to use to make its case; (C) Demonstrate that other Federal funds received by the recipient are insufficient or unavailable for a uniform emergency telephone number system. For this purpose, the recipient must submit a statement explaining whether the lack of funds is due to the insufficiency of the amount of the available funds, restrictions on the use of such funds, or the prior commitment of funds by the recipient for other purposes; and (D) Demonstrate that the percentage of the total costs of the system paid for by CDBG funds does not exceed the percentage of low- and moderate -income persons in the service area of the system. For this purpose, the recipient must include a description of the boundaries of the service area of the emergency telephone number system, the census divisions that fall within the boundaries of the service area (census tracts or block numbering areas), the total number of persons and the total number of low- and moderate -income persons within each census division, the percentage of low- and moderate -income persons within the service area, and the total cost of the system. (iv) An activity for which the assistance to a public improvement that provides benefits to all the residents of an area is limited to paying special assessments (as defined in §570.200(c)) levied against residential properties owned and occupied by persons of low and moderate income. (v) For purposes of determining qualification under this criterion, activities of the same type that serve different areas will be considered separately on the basis of their individual service area. (vi) In determining whether there is a sufficiently large percentage of low- and moderate -income persons residing in the area served by an activity to qualify under paragraph (a)(1) (i), (ii), or (vii) of this section, the most recently available decennial census information must be -used to the--- - ----- - - --- - fullest extent feasible, together with the Section 8 income limits thafwauld=have applied-_at_the -_-__ `__--_ Page 28 of 46 Eagan SubrecipientAgreement Exhibit E time the income information was collected by the Census Bureau. Recipients that believe that the census data does not reflect current relative income levels in an area, or where census boundaries do not coincide sufficiently well with the service'area of an activity, may conduct (or have conducted) a current survey of the residents of the area to determine the percent of such persons that are low and moderate income. HUD will accept information obtained through such surveys, to be used in lieu of the decennial census data, where it determines that the survey was conducted in such a manner that the results meet standards of statistical reliability that are comparable to that of the decennial census data for areas of similar size. Where there is substantial evidence that provides a clear basis to believe that the use of the decennial census data would substantially overstate the proportion of persons residing there that are low and moderate income, HUD may require that the recipient rebut such evidence in order to demonstrate compliance with section 105(c)(2) of the Act. (vii) Activities meeting the requirements of paragraph (d)(5)(i) of this section may considered to qualify under this paragraph, provided that the area covered by the strategy is either a Federally -designated Empowerment Zone or Enterprise Community or primarily residential and contains a percentage of low- and moderate -income residents that is no less than the percentage computed by HUD pursuant to paragraph (a)(1)(ii) of this section or 70 percent, whichever is less, but in no event less than 51 percent. Activities meeting the requirements of paragraph (d)(6)(i) of this section may also be considered to qualify under paragraph (a)(1) of this section. (2) Limited clientele activities. (1) An activity which benefits a limited clientele, at least 51 percent of whom are low- or moderate -income persons. (The following kinds of activities may not qualify under paragraph (a)(2) of this section: activities, the benefits of which are available to all the residents of an area; activities involving the acquisition, construction or rehabilitation of property for housing; or activities where the benefit to low and moderate -income persons to be considered is the creation or retention of jobs, except as provided in paragraph (a)(2)(iv) of this section.) To qualify under paragraph (a)(2) of this section, the activity must meet one of the following tests: (A) Benefit a clientele who are generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit persons, 51 percent of whom are low- and moderate -income: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers; or (B) Require information on family size and income so that it is evident that at least 51 percent of the clientele are persons whose family income does not exceed the low and moderate income limit; or (C) Have income eligibility requirements which limit the activity exclusively to low and moderate income persons; or (D) Be of such nature and be in such location that it may be concluded that the activity's clientele will primarily be low and moderate income persons. Page 29 of 46 Eagan SubrecipientAgreement Exhibit E (ii) An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled" will be presumed to qualify under this criterion if it is restricted, to the extent practicable, to the removal of such barriers by assisting: (A) The reconstruction of a public facility or improvement, or portion thereof, that does not qualify under paragraph (a)(1) of this section; (B) The rehabilitation of a privately owned nonresidential building or improvement that does not qualify under paragraph (a)(1) or (4) of this section; or (C) The rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not qualify under paragraph (a)(3) of this section. (iii) A microenterprise assistance activity carried out in accordance with the provisions of §570.201(o) -with respect to those owners of microenterprises and persons developing m icroenterp rises assisted under the activity during each program year who are low- and moderate -income persons. For purposes of this paragraph, persons determined to be low and moderate income may be presumed to continue to qualify as such for up to a three-year period. (iv) An activity designed to provide job training and placement and/or other employment support services, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services, in which the percentage of low- and moderate -income persons assisted is less than 51 percent may qualify under this paragraph in the following limited circumstance: (A) In such cases where such training or provision of supportive services assists business(es), the only use of CDBG assistance for the project is to provide the job training and/or supportive services; and (B) The proportion of the total cost of the project bome by CDBG funds is no greater than the proportion of the.total number of persons assisted who are low or moderate income. (3) Housing activities. An eligible activity carried out for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by low- and moderate -income households. This would include, but not necessarily be limited to, the acquisition or rehabilitation of property by the recipient, a subrecipient, a developer, an individual homebuyer, or an individual homeowner; conversion of nonresidential structures; and new housing construction. If the structure contains two dwelling units, at least one must be so occupied, and if the structure contains more than two dwelling units, at least 51 percent of the units must be so occupied. Where two or more rental buildings being assisted are or will be located on the same or contiguous properties, and the buildings will be under common ownership and management, the grouped buildings may be considered for this purpose as a single structure. Where housing activities being assisted meet the requirements of paragraph §570.208 (d)(5)(ii) or (d)(6)(ii) of this section, all such housing may also be considered for this purpose as a single structure. For rental housing, occupancy by low and moderate income households must be at affordable rents to qualify under this criterion. The recipient shall adopt and make public its standards for determining "affordable rents" for this purpose. The following shall also qualify under this criterion: Page 30 of 46 Eagan Subrecipient Agreement Exhibit E (1) When less than 51 percent of the units in a structure will be occupied by low and moderate income households, CDBG assistance may be provided in the following limited circumstances: (A) The assistance is for an eligible activity to reduce the development cost of the new construction of a multifamily, non -elderly rental housing project; (B) Not less than 20 percent of the units will be occupied by low and moderate income households at affordable rents; and (C) The proportion of the total cost of developing the project to be borne by CDBG funds is no greater than the proportion of units in the project that will be occupied by low and moderate income households. (ii) When CDBG funds are used to assist rehabilitation eligible under §570.202(b)(9) or (10) in direct support of the recipient's Rental Rehabilitation program authorized under 24 CFR part 511, such funds shall be considered to benefit low and moderate income persons where not less than 51 percent of the units assisted, or to be assisted, by the recipient's Rental Rehabilitation program overall are for low and moderate income persons. (iii) When CDBG funds are used for housing services eligible under §570.201(k), such funds shall be considered to benefit low- and moderate -income persons if the housing units for which the services are provided are HOME -assisted and the requirements at 24 CFR 92.252 or 92.254 are met. (4) Job creation or retention activities. An activity designed to create or retain permanent jobs where at least 51 percent of the jobs, computed on a full time equivalent basis, involve the employment of low and moderate -income persons. To qualify under this paragraph, the activity must meet the following criteria: (i) For an activity that creates jobs, the recipient must document that at least 51 percent of the jobs will be held by, or will be available to, low- and moderate -income persons. (ii) For an activity that retains jobs, the recipient must document that the jobs would actually be lost without the CDBG assistance and that either or both of the following conditions apply with respect to at least 51 percent of the jobs at the time the CDBG assistance is provided: (A) The job is known to be held by a low or moderate -income person; or (B) The job can reasonably be expected to turn over within the following two years and that steps will be taken to ensure that it will be filled by, or made available to, a low- or moderate - income person upon turnover. (iii) Jobs that are not held or filled by a low- or moderate -income person may be considered to be available to low- and moderate -income persons for these purposes only if: (A) Special skills that can only be acquired with substantial training or work experience or education beyond high school are not a prerequisite to fill such jobsor-the-business-agrees-to- hire unqualified persons and provide training; and - _1 - - - __ - -- _ ,- Page 31 of 46 Eagan Subreciplent Agreement Exhibit E (B) The recipient and the assisted business take actions to ensure that low- and moderate - income persons receive first consideration for filling such jobs. (iv) For purposes of determining whether a job is held by or made available to a low- or moderate -income person, the person may be presumed to be a low- or moderate -income person if: (A) He/she resides within a census tract (or block numbering area) that either: (1) Meets the requirements of paragraph (a)(4)(v) of this section; or (2) Has at least 70 percent of its residents who are low- and moderate -income persons; or (B) The assisted business is located within a census tract (or block numbering area) that meets the requirements of paragraph (a)(4)(v) of this section and the job under consideration is to be located within that census tract. (v) A census tract (or block numbering area) qualifies for the presumptions permitted under paragraphs (a)(4)(iv)(A)(1) and (B) of this section if it is either part of a Federally -designated Empowerment Zone or Enterprise Community or meets the following criteria: (A) It has a poverty rate of at least 20 percent as determined by the most recently available decennial census information; (B) It does not include any portion of a central business district, as this term is used in the most recent Census of Retail Trade, unless the tract has a poverty rate of at least 30 percent as determined by the most recently available decennial census information; and (C) It evidences pervasive poverty and general distress by meeting at least one of the following standards: (1) All block groups in the census tract have poverty rates of at least 20 percent; (2) The specific activity being undertaken is located in a block group that has a poverty rate of at least 20 percent; or (3) Upon the written request of the recipient, HUD determines that the census tract exhibits other objectively determinable signs of general distress such as high incidence of crime, narcotics use, homelessness, abandoned housing, and deteriorated infrastructure or substantial population decline. (vi) As a general rule, each assisted business shall be considered to be a separate activity for purposes of determining whether the activity qualifies under this paragraph, except: (A) In certain cases such as where CDBG funds are used to acquire, develop or improve a real property (e.g., a business incubator or an industrial park) the requirement may be met by measuring jobs in the aggregate for all the businesses which -locate -on -the pr_operty,_provided —. such businesses are not otherwise assisted by CDBG funds. Page 32 of 46 Eagan Subredpient Agreement Exhibit E (B) Where CDBG funds are used to pay for the staff and overhead costs of an entity making loans to businesses exclusively from non-CDBG funds, this requirement may be met by aggregating the jobs created by all of the businesses receiving loans during each program year. (C) Where CDBG funds are used by a recipient or subrecipient to provide technical assistance to businesses, this requirement may be met by aggregating the jobs created or retained by all of the businesses receiving technical assistance during each program year. (D) Where CDBG funds are used for activities meeting the criteria listed at §570.209(b)(2)(v), this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (E) Where CDBG funds are used by a Community Development Financial Institution to carry out activities for the purpose of creating or retaining jobs, this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (F) Where CDBG funds are used for public facilities or improvements which will result in the creation or retention of jobs by more than one business, this requirement may be met by aggregating the jobs created or retained by all such businesses as a result of the public facility or improvement. (1) Where the public facility or improvement is undertaken principally for the benefit of one or more particular businesses, but where other businesses might also benefit from the assisted activity, the requirement may be met by aggregating only the jobs created or retained by those businesses for which the facility/improvement is principally undertaken, provided that the cost (in CDBG funds) for the facility/improvement is less than $10,000 per permanent full-time equivalent job to be created or retained by those businesses. (2) In any case where the cost per job to be created or retained (as determined under paragraph (a)(4)(vi)(F)(1) of this section) is $10,000 or more, the requirement must be met by aggregating the jobs created or retained as a result of the public facility or improvement by all businesses in the service area of the facilityrmprovement. This aggregation must include businesses which, as a result of the public facility/improvement, locate or expand in the service area of the facility/improvement between the date the recipient identities the activity in its action plan under part 91 of this title and the date one year after the physical completion of the facility/improvement. In addition, the assisted activity must comply with the public benefit standards at §570.209(b). (b) Activities which aid in the prevention or elimination of slums or blight. Activities meeting one or more of the following criteria, in the absence of substantial evidence to the contrary, will be considered to aid in the prevention or elimination of slums or blight: (1) Activities to address slums or blight on an area basis. An activity will be considered to address prevention or elimination of slums or blight in an area--if:--- Page rea--if: Page 33 of 46 Eagan Subredpient Agreement Exhibit E (i) The area, delineated by the recipient, meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law; (ii) The area also meets the conditions in either paragraph (A) or (B): (A) At least 25 percent of properties throughout the area experience one or more of the following conditions: (1) Physical deterioration of buildings or improvements; (2) Abandonment of properties; (3) Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings; (4) Significant declines in property values or abnormally low property values relative to other areas in the community; or (5) Known or suspected environmental contamination. (B) The public improvements throughout the area are in a general state of deterioration. (iii) Documentation is to be maintained by the recipient on the boundaries of the area and the conditions and standards used that qualified the area at the time of its designation. The recipient shall establish definitions of the conditions listed at §570.208(b)(1)(ii)(A), and maintain records to substantiate how the area met the slums or blighted criteria. The designation of an area as slum or blighted under this section is required to be redetermined every 10 years for continued qualification. Documentation must be retained pursuant to the recordkeeping requirements contained at §570.506 (b)(8)(0). (iv) The assisted activity addresses one or more of the conditions which contributed to the deterioration of the area. Rehabilitation of residential buildings carried out in an area meeting the above requirements will be considered to address the area's deterioration only where each such building rehabilitated is considered substandard under local definition before rehabilitation, and all deficiencies making a building substandard have been eliminated if less critical work on the building is undertaken. At a minimum, the local definition for this purpose must be such that buildings that it would render substandard would also fail to meet the housing quality standards for the Section 8 Housing Assistance Payments Program -Existing Housing (24 CFR 882.109). (2) Activities to address slums or blight on a spot basis. The following activities may be undertaken on a spot basis to eliminate specific conditions of blight, physical decay, or environmental contamination that are not located in a slum or blighted area: acquisition; clearance; relocation; historic preservation; remediation of environmentally contaminated properties; or rehabilitation of buildings or improvements. However, rehabilitation must be limited to eliminating those conditions that are detrimental to public health and safety. If acquisition or relocation is undertaken, it must be a precursor to another eligible activity (funded with CDBG or other resources) that directly eliminates the specific conditions of blight or physical decay, or -- - environmental contamination. - ---- _--- Page 34 of 46 Eagan Subrecipient /Agreement Exhibit E (3) Activities to address slums or blight in an urban renewal area. An activity will be considered to address prevention or elimination of slums or blight in an urban renewal area if the activity is: (i) Located within an urban renewal project area or Neighborhood Development Program (NDP) action area; i.e., an area in which funded activities were authorized under an urban renewal Loan and Grant Agreement or an annual NDP Funding Agreement, pursuant to title I of the Housing Act of 1949; and (ii) Necessary to complete the urban renewal plan, as then in effect, including initial land redevelopment permitted by the plan. Note: Despite the restrictions in (b) (1) and (2) of this section, any rehabilitation activity which benefits low and moderate income persons pursuant to paragraph (a)(3) of this section can be undertaken without regard to the area in which it is located or the extent or nature of rehabilitation assisted. (c) Activities designed to meet community development needs having a particular urgency. In the absence of substantial evidence to the contrary, an activity will be considered to address this objective if the recipient certifies that the activity is designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community which are of recent origin or which recently became urgent, that the recipient is unable to finance the activity on its own, and that other sources of funding are not available. A condition will generally be considered to be of recent origin if it developed or became critical within 18 months preceding the certification by the recipient. (d) Additional criteria. (1) Where the assisted activity is acquisition of real properly, a preliminary determination of whether the activity addresses a national objective may be based on the planned use of the property after acquisition. A final determination shall be based on the actual use of the property, excluding any short-term, temporary use. Where the acquisition is for the purpose of clearance which will eliminate specific conditions of blight or physical decay, the clearance activity shall be considered the actual use of the property. However, any subsequent use or disposition of the cleared property shall be treated as a "change of use" under §570.505. (2) Where the assisted activity is relocation assistance that the recipient is required to provide, such relocation assistance shall be considered to address the same national objective as is addressed by the displacing activity. Where the relocation assistance is voluntary on the part of the grantee the recipient may qualify the assistance either on the basis of the national objective addressed by the displacing activity or on the basis that the recipients of the relocation assistance are low and moderate income persons. (3) In any case where the activity undertaken for the purpose of creating or retaining jobs is a public improvement and the area served is primarily residential, the activity must meet the requirements of paragraph (a)(1) of this section as well as those of paragraph (a)(4) of this section in order to qualify as benefiting low and moderate income persons. (4) CDBG funds expended for planning and administrative costs under §570.205 and §570.206 will be considered to address the national objectives. Page 35 of 46 Eagan siabrecipient Agreement Exhiblt E (5) Where the grantee has elected to prepare an area revitalization strategy pursuant to the authority of §91.215(e) of this title and HUD has approved the strategy, the grantee may also elect the following options: (i) Activities undertaken pursuant to the strategy for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii) All housing activities in the area for which, pursuant to the strategy, CDBG assistance is obligated during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (6) Where CDBG-assisted activities are carried out by a Community Development Financial Institution whose charter limits its investment area to a primarily residential area consisting of at least 51 percent low- and moderate -income persons, the grantee may also elect the following options: (i) Activities carried out by the Community Development Financial Institution for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii) All housing activities for which the Community Development Financial Institution obligates CDBG assistance during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (7) Where an activity meeting the criteria at §570.209(b)(2)(v) may also meet the requirements of either paragraph (d)(5)(i) or (d)(6)(1) of this section, the grantee may elect to qualify the activity under either the area benefit criteria at paragraph (a)(1)(vii) of this section or the job aggregation criteria at paragraph (a)(4)(vi)(D) of this section, but not both. Where an activity may meet the job aggregation criteria at both paragraphs (a)(4)(vi)(D) and (E) of this section, the grantee may elect to qualify the activity under either criterion, but not both. Page 36 of 46 Eagan Subrecipient Agreement Exhibit F Subpart K—Other Program Requirements §570.600 General. (a) This subpart K enumerates laws that the Secretary will treat as applicable to grants made under section 106 of the Act, other than grants to states made pursuant to section 106(d) of the Act, for purposes of the Secretary's determinations under section 104(e)(1) of the Act, including statutes expressly made applicable by the Act and certain other statutes and Executive Orders for which the Secretary has enforcement responsibility. This subpart K applies to grants made under the Insular Areas Program in §570.405 and §570.440 with the exception of §570.612. The absence of mention herein of any other statute for which the Secretary does not have direct enforcement responsibility is not intended to be taken as an indication that, in the Secretary's opinion, such statute or Executive Order is not applicable to activities assisted under the Act. For laws that the Secretary will treat as applicable to grants made to states under section 106(4) of the Act for.purposes of the determination required to be made by the Secretary pursuant to section 104(e)(2) of the Act, see §570.487. (b) This subpart also sets forth certain additional program requirements which the Secretary has determined to be applicable to grants provided under the Act as a matter of administrative discretion. (c) In addition to grants made pursuant to section 106(b) and 106(d)(2)(B) of the Act (subparts D and F, respectively), the requirements of this subpart K are applicable to grants made pursuant to sections 107 and 119 of the Act (subparts E and G, respectively), and to loans guaranteed pursuant to subpart M. [53 FR 34456, Sept. 6, 1988, as amended at 61 FR 11477, Mar. 20, 1996; 72 FR 12536, Mar. 15, 2007] §570.601 Public Law 88-352 and Public Laver 90-284;affrmatively furthering fair housing; Executive Order 11063. (a) The following requirements apply according to sections 104(b) and 107 of the Act: (1) Public Law 88-352, which is title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1. (2) Public Law 90-284, which is the Fair Housing Act (42 U.S.C. 3601-3620). In accordance with the Fair Housing Act, the Secretary requires that grantees administer all programs and activities related to housing and urban development In a manner to affirmatively further the policies of the Fair Housing Act. Furthermore, in accordance with section 104(b)(2) of the Act, for each community receiving a grant under subpart D of this pari, the certification that the grantee will affirmatively further fair housing shall specifically require the grantee to take meaningful actions to further the goals identified in the Rage 37 of 46 Eagan Subreciplent Agreement Exhibit F grantee's AFH conducted in accordance with the requirements of 24 CFR 5.150 through 5.180 and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. (b) Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652; 3 CFR, 1980 Camp., p. 307) (Equal Opportunity in Housing), and implementing regulations in 24 CFR part 107, also apply. [61 FR 11477, Mar. 20, 1996, as amended at 80 FR 42368, July 16, 2015] Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR part 6. [64 FR 3802, Jan. 25, 1999] i 0 i V1 •MITA TiT (a) Section 110(a) of the Act contains labor standards that apply to nonvolunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. (b) The regulations in 24 CFR part 70 apply to the use of volunteers. [61 FR 11477, Mar. 20, 1996] §670.604 Environmental standards. For purposes of section 104(g) of the Act, the regulations in 24 CFR part 58 specify the other provisions of law which further the purposes of the National Environmental Policy Act of 1969, and the procedures by which grantees must fulfill their environmental responsibilities. In certain cases, grantees assume these environmental review, decisionmaking, and action responsibilities by execution of grant agreements with the Secretary. [61 FR 11477, Mar, 20,,-1996] Page 38 of 46 Eagan SubrecipientAgreement Exhibit F Notwithstanding the date of HUD approval of the recipient's application (or, in the case of grants made under subpart D of this part or HUD -administered small cities recipients in Hawaii, the date of submission of the grantee's consolidated plan, in accordance with 24 CFR part 91), section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) and the regulations in 44 CFR parts 59 through 79 apply to funds provided under this part 570, [61 FR 11477, Mar. 20, 1996] (a) General policy for minimizing displacement. Consistent with the other goals and objectives of this part, grantees (or States or state recipients, as applicable) shall assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of activities assisted under this part. (b) Relocation assistance for displaced persons at URA levels. (1) A displaced person shall be provided with relocation assistance at the levels described in, and in accordance with the requirements of 49 CFR part 24, which contains the government -wide regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655). (2) Displaced person. (i) For purposes of paragraph (b) of this section, the term "displaced person" means any person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves his or her personal property from real property, permanently and involuntarily, as a direct result of rehabilitation, demolition, or acquisition for an activity assisted under this part. A permanent, involuntary move for an assisted activity includes a permanent move from real property that is made: (A) After notice by the grantee (or the state recipient, if applicable) to move permanently from the property, if the move occurs after the initial official submission to HUD (or the State, as applicable) for grant, loan, or loan guarantee funds under this part that are later provided or granted. (B) After notice by the property owner to move permanently from the property, if the move occurs after the date of the submission of a request for financial assistance by the property owner (or person in control of the site) that is later approved for the requested activity. (C) Before the date described in paragraph (b)(2)(i)(A) or (B) of this section, if either HUD or the grantee (or State, as applicable) determines that the displacement directly resulted from acquisition, rehabilitation, or demolition for the requested activity. Page 39 of 46 Eagan Subredpient Agreement Exhibit F (D) After the "initiation of negotiations" if the person is the tenant -occupant of a dwelling unit and any one of the following three situations occurs: (1) The tenant has not been provided with a reasonable opportunity to lease and occupy a suitable decent, safe, and sanitary dwelling in the same building/complex upon the completion of the project, including a monthly rent that does not exceed the greater of the tenant's monthly rent and estimated average utility costs before the initiation of negotiations or 30 percent of the household's average monthly gross income; or (2) The tenant is required to relocate temporarily for the activity but the tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporary location and any increased housing costs, or other conditions of the temporary relocation are not reasonable; and the tenant does not return to the building/complex; or (3) The tenant is required to move to another unit in the building/complex, but is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move. (ii) Notwithstanding the provisions of paragraph (b)(2)(i) of this section, the term "displaced person-" does not include: (A) A person who is evicted for cause based upon serious or repeated violations of material terms of the lease or occupancy agreement. To exclude a person on this basis, the grantee (or State or state recipient, as applicable) must determine that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance under this section; (B) A person who moves into the property after the date of the notice described in paragraph (b)(2)(i)(A) or (B) of this section, but who received a written notice of the expected displacement before occupancy. (C) A person who is not displaced as described in 49 CFR 24.2(g)(2). (D) A person who the grantee (or State, as applicable) determines is not displaced as a direct result of the acquisition, rehabilitation, or demolition for an assisted activity. To exclude a person on this basis, HUD must concur in that determination. (iii) A grantee (or State or state recipient, as applicable) may, at any time, request HUD to determine whether a person is a displaced person under this section. (3) Initiation of negotiations. For purposes of determining the type of replacement housing assistance to be provided under paragraph (b) of this section, if the displacement is the direct result of privately undertaken rehabilitation, demolition, or acquisition of real property, the term "initiation of negotiations" means the execution of the grant or loan agreement between the grantee (or State or state recipient, as applicable) and the person owning or controlling the real property. Nage 40 of 46 Eagan Subredpient Agreement Exhibit F (c) Residential antidisplacement and relocation assistance plan. The grantee shall comply with the requirements of 24 CFR part 42, subpart B. (d) Optional relocation assistance. Under section 105(a)(11) of the Act, the grantee may provide (or the State may permit the state recipient to provide, as applicable) relocation payments and other relocation assistance to persons displaced by activities that are not subject to paragraph (b) or (c) of this section. The grantee may also provide (or the State may also permit the state recipient to provide, as applicable) relocation assistance to persons receiving assistance under paragraphs (b) or (c) of this section at levels in excess of those required by these paragraphs. Unless such assistance is provided under State or local law, the grantee (or state recipient, as applicable) shall provide such assistance only upon the basis of a written determination that the assistance is appropriate (see, e.g., 24 CFR 570.201(i), as applicable). The grantee (or state recipient, as applicable) must adopt a written policy available to the public that describes the relocation assistance that the grantee (or state recipient, as applicable) has elected to provide and that provides for equal relocation assistance within each class of displaced persons. (e) Acquisition of real property. The acquisition of real property for an assisted activity is subject to 49 CFR part 24, subpart B. (f) Appeals. If a person disagrees with the determination of the grantee (or the state recipient, as applicable) concerning the person's eligibility for, or the amount of, a relocation payment under this section, the person may file a written appeal of that determination with the grantee (or state recipient, as applicable). The appeal procedures to be followed are described in 49 CFR 24.10. In addition, a low- or moderate -income household that has been displaced from a dwelling may file a written request for review of the grantee's decision to the HUD Field Office. For purposes of the State CDBG program, a low- or moderate -income household may file a written request for review of the state recipient's decision with the State. (g) Responsibility of grantee or State. (1) The grantee (or State, if applicable) is responsible for ensuring compliance with the requirements of this section, notwithstanding any third party's contractual obligation to the grantee to comply with the provisions of this section. For purposes of the State CDBG program, the State shall require state recipients to certify that they will comply with the requirements of this section. (2) The cost of assistance required under this section may be paid from local public funds, funds provided under this part, or funds available from other sources. (3) The grantee (or State and state recipient, as applicable) must maintain records in sufficient detail to demonstrate compliance with the provisions of this section. (Approved by the Office of Management and Budget under OMB control number 2506-0102) [61 FR 11477, Mar. 20, 1996, as amended at 61 FR 51760, Oct. 3, 1996] Page 41 of 46 Eagan Subreciplent Agreement From: City/Township of Dakota County CDBG Request for Reimbursement Form AM Exhibit G Please complete the appropriate sections. The Dakota County CDA will fill in the shaded areas. Please use separate request forms for each activity or service period. im M= — I - - 30 =141110sts Name of Project/Activity Program (Fiscal) Amount Requested Dates of Service (start/end) bbAA66&iht Number . . Yr, Do you have program income (i.e., revolving account) to draw first for this activity? Yes No Do you have other funding sources that are being combined with the CDBG funds? Yes No If yes, please indicate the source(s) and amount(s): Documentation to support Request for Reimbursement: You must attach all appropriate documentation to support this request (i.e. staff hours and rate of pay, invoices for work completed, copies of plans, etc,) 7 Timesheets EJ Invoices / Proof of Payment ❑ Completed product (4 of hours, rate of pay, etc.) (copies of checks, receipts, etc.) (i.e. plan, study, survey) The following chart is for DIRECT BENENFIT ACTIVITIES (housing or public service activities). Please report the demographic information of those served during the dates of service listed above. If you are reporting a HOUSING activity, please report in number of HOUSING UNITS. If you are reporting a PUBLIC SERVICE activity, please report in number of PEOPLE. DO NOT COMBINE DATA FROM MORE THAN ONE ACTIVITY OR SERVICE DATES DEMOGRAPHICS Ethnicity Il come Level Hispani Non- Very Low Low Moderate Above UM Race e Hispani (0-30%) (31-50%) (51-80%) (81%+) C White Black/African American Black/African American & White Asian Asian & White American Indian or Alaskan Native American Indian/Alaskan & White American Indian/Alaskan & Black Native Hawaiian/Other Pacific Islander Other TOTALS (Ethnicity ® Income Level) Number of Female -headed Households = Percent as Low/Mod Income Number of clients now to program= Number of clients with improved access Prepared by: Approved by: Program Administrator City or Township Finance Officer Page 42 of 46 Eagan Subrecipient Agreement Exhibit H COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Dakota County, Minnesota This policy establishes procedures for the administration and utilization of program income received as a result of activities funded under the federal Community Development Block Grant (CDBG) Program. This policy addresses the requirements of 24 CFR 570.489(e)(3). The Dakota County Community Development Agency is hereinafter referred to as the "Subgrantee", and each cooperating jurisdiction is hereinafter referred to as a "Subrecipient". B. Definition. Program Income is the gross income received by the Subgrantee that was generated from the use of CDBG funds. For activities generating program income that were only partially funded with CDBG funds, such income is prorated to reflect the actual percentage of CDBG funds used. Examples of program income include: a Payments of principal and interest on loans made using CDBG funds; s Net proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; a And interest earned on funds held in a revolving fund account. C. Activities. Program income in Dakota County will only be used for eligible CDBG activities that meet a national objective as specified in 24 CFR 570.482 and 570.483. D. Distribution. Program income in Dakota County will be classified and distributed within one of two general types of accounts: • Revolving Fund (RF) Account • Non -revolving Income (NI) Account The RF Accounts are typically established for ongoing program activity, such as housing rehab or economic development. The NI Accounts are established from non -revolving program income, such as funds from land disposition or repayments from land acquisition that doesn't result in a low/moderate income activity. E. Revoking Fund Account. Dakota County CDA will deposit program income from either housing rehab, economic development or downpayment assistance that is administered by the Subgrantee into corresponding Revolving Fund (RF) Accounts as follows: 1. Program income generated from CDBG funds allocated to a Subrecipient will be deposited into a separate RF Account for that same individual Subrecipient; or 2. Program income generated from CDBG funds allocated to a countywide activity will be deposited into a separate corresponding "Countywide" RF Account. 3. - Check and/or reimbursement requests related to an activity assigned to a RF Account will be drawn first from that account prior to an entitlement account.----,.-. Page 43 of 46 Cagan Subreciplent Agreement Exhibit H Subrecipients also have the ability to establish Revolving Fund Accounts for local CDBG activities upon written approval of the Subgrantee. These accounts will require formai reporting during each fiscal year as required by the Subgrantee. F. Non -revolving Income Account. Dakota County will deposit all program income that is not assigned to a Revolving Fund Account to a Non -revolving Income (NI) Account as follows: 1. Program income generated from CDBG funds allocated to a Subrecipient will be returned immediately to the Subgrantee, which will be deposited into one corresponding Subrecipient NI Account (i.e., Burnsville NI Account). Check and/or reimbursement requests from a Subrecipient that cannot be paid from a RF Account will first be drawn from a NF Account, if existing, prior to drawing funds from an entitlement account. 2. Program income generated from CDBG funds allocated to a Subgrantee countywide activity will be deposited into one Subgrantee NI Account (i.e., CDA NI Account). Check and/or reimbursement requests related to a county -wide activity that cannot be paid from a RF Account will first be drawn from a NI Account, if existing, prior to drawing funds from a county- wide entitlement account. 3. The Subrecipient or Subgrantee retains the option of amending an existing CDBG activity (or activities)to increase its budget equal to the amount of program income within its NI Account, or it can amend the county's Annual Action plan to include a new CDBG-eligible activity. 4. If no draws are made from a Subrecipient's NI Account within twelve (12) months of establishing that account, it may be transferred to a Subgrantee NI Account for distribution to eligible countywide activities. G. Account Dissolution. Dissolving either Revolving Fund or Non -revolving Income Accounts shall be completed as follows: 1. A Subrecipient's RF Account may be dissolved if that account will receive no further income based on evidence from the Subrecipient or Subgrantee. The Subrecipient must submit a written request to the Subgrantee prior to final dissolution action. CDBG funds remaining in a Subreciplent's RF Account to be dissolved must be transferred to a new or existing NI Account of that same Subrecipient. 2. A Subgrantee's RF Account may be dissolved if that account will receive no further income based on evidence from the Subgrantee. CDBG funds remaining in the Subgrantee's RF Account to be dissolved must be transferred to a new or existing NI Account of the Subgrantee. 3. In some cases, a Subrecipient or Subgrantee may want to transfer fund balances from a RF Account that is still receiving income. If no further expenditures are planned for that activity, a partial transfer may be permitted. Subrecipients must submit a written request to the Subgrantee, including the requested amount of transfer, which will go from its RF Account to its existing or newly created NI Account. 4. A Subrecipient's NI Account may be dissolved based on Section F.4. of this Policy. Adopted by the Dakota County CDA Board on April 13, 2004. Page 44 of 46 Eagan Subrecipient Agreement Exhlbit I The following plan was developed in order to spend Community Development Block Grant (CDBG) funds in a timely manner. HUD reviews the performance of Dakota County as an entitlement urban county each year. Sixty (60) days prior to the end of a grantee's program year, the amount of non -disbursed CDBG funds cannot be more than 1.5 times the entitlement grant for its current program year. The 60 -day time for Dakota County is May 2. A contingency plan is beneficial in order to assess whether this county can make efforts to spend CDBG funds if early indications show expenditure problems within any of the larger cities' pool or the countywide pool of activities. The following steps should be taken in the order shown during a program year for Dakota County, which is July 1 through June 30: 1. ix -Month Review. By November 1, CDA staff will do the following: 2. • Identify each Subrecipient's balance of unspent CDBG funds. o A notice should be sent to each Subrecipient that shows an individual listing of unfinished activities and corresponding fund balances. • Meet individually with each Subrecipient, as deemed necessary, to discuss timely expenditure issues. • Provide a status report to all Subrecipients on the countywide and individual city revolving accounts for housing rehab (including a forecast of program income for the next six months). Four -Month Review. By January 1, CDA staff will do the following: Make a preliminary determination whether a Subrecipient will meet its own timeliness ratio of 1.5 by May 1. Make a determination on how much rehab funding will remain unspent by May 1. These conclusions will be shared with the Subrecipient as a basis for possible reallocation of funds. Initiate amendments to the annual Action Plan for Dakota County in order to reallocate CDBG funding to activities that can spend those funds by May 1. o The plan amendment will be based on the following: (a) Written approval from the Subrecipient that will transfer CDBG funds from its allocation to another city or countywide activity; and (b) Written verification, including an activity timeline, from the recipient of any reallocated funding that the additional CDBG funds can be spent and reimbursement submitted by April 15. Page 45 of 46 Eagan Subrecipient Agreement Exhibit I Transfer of CDBG Funds Should a jurisdiction not be able to meet the timeliness requirement, the transferring of CDBG funds from one activity to another will be accomplished according to the following procedures: • Transfer funds from one activity to another within a jurisdiction (city or township); • Transfer funds from a countywide activity to another countywide activity; or • Transfer funds from one jurisdiction to another jurisdiction, including to or from the countywide pool. The combined impact of the transfer options must attain an expenditure rate at or below 1.5 by May 2 for Dakota County. If this can be achieved by implementing one or both of the first two options, then the final option will not be needed. However, if all three options need to be implemented, then some jurisdictions will lose the one-time specified amount, not to be replaced and some will gain one-time funds in order to avoid HUD penalties imposed on the county. It is possible that a jurisdiction will have more than 1.5 times its current CDBG allocation unspent by January 1, and yet, it will not agree to transfer funds to another activity. Under that circumstance, the CDA reserves the right to take steps necessary to transfer funds in excess of the 1.5 ratio. 5. Two -Month Review. By March 1, the CDA will determine whether any further amendments are necessary to transfer CDBG funds. This may be necessary to accommodate a new activity that was recently identified for immediate expenditure (assuming CDBG eligibility). 6. One -Month Review, By April 1, the CDA will do a final check to ensure all cities are working towards completion of all activity expenditures that are pending within the May 1 timeframe. Reimbursement requests should be submitted to the CDA no later than April 15. Page 46 of 46 Agenda Information Memo November 17, 2015 Eagan City Council Meeting PUBLIC HEARINGS A. Variance —City of Eagan Action To Be Considered: Approve (or direct Findings of Fact for denial) a Variance to the City of Eagan's building exterior surface material standards. Required Vote For Approval: Majority of Council Members Present Facts: ➢ The 18 acre CMF site is occupied by Parks Maintenance and Public Works operations. The site contains the north water treatment plant, the central maintenance offices, shop and vehicle storage building, a cold storage building, a salt storage building and outdoor storage of materials, equipment and vehicles occurs in different locations on the site. ➢ The applicant is proposing a deviation from the City Code standards for building exterior materials for two buildings located within 800' of Yankee Doodle Road. ➢ As part of a proposed upgrade and expansion of the CMF facilities to best utilize the existing space to meet the demands of the two operations, the City is proposing to add two structures within the 800' setback area that will not meet the finish standards. The larger of these two buildings will be a 10,200 SF salt storage building and the smaller building a 600 SF brine building. ➢ The subject site presents challenges due to the scale of operations housed there and the existence of poor soils that are not suitable to support the foundation of a typical building without cost prohibitive soil corrections or building foundation amendments. Attachments: (3) PHA -1 Location Map PHA -2 Planning Report PHA -3 Exhibits i� O .� r� f� eey o U C C ai LO (u r W 4- r O 00 U C) i N ttT c�� r a Z i O 2:1 (1) N = :3 N CU N CU a-LLO�U y" m°„� ° 4 � j a ro Cl) N p cn U a o¢. d J <LLZ (n cm c w 0 m a y 13 Ll E ®� SURREY HE\ x LL LLLL hLI H— lm�U E cm � ROAD 0 G o� a � U NVNHOVOO H boo h0 o W LU z } N D 8 �mtEnDE3 Z 8 � a N 0 in F-F t N 0 0 0 0 0 Lo 0 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 9, 2015 APPLICANT: City of Eagan PROPERTY OWNER: Same REQUEST: Variance LOCATION: 3501 Coachman Point COMPREHENSIVE PLAN: QP, Quasi Public ZONING: PF, Public Facilities SUMMARY OF REQUEST CASE: 16 -VA -08-10-15 HEARING DATE: November 17, 2015 APPLICATION DATE: October 26, 2015 PREPARED BY: Michael J. Ridley, AICP The applicant is requesting approval of a Variance to the City of Eagan's building exterior surface material standards for property located at 3501 Coachman Point, legally described as Lot 1, Block 1, CENTRAL MAINTENANCE ADDITION located in the Northwest 1/4 of Section 16. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. Planning Report — 3501 Coachman Point November 17, 2015 Page 2 d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. "Practical difficulties," as used in connection with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Sec. 11.70, Subd. 21, B., 3, states "Exterior building materials shall be attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the district in which it is located." "The intent of this section is to provide a strong, dominant architectural theme through the use of a combination of appropriate, durable, non -degradable, and low maintenance materials." City Code standards for exterior materials are more stringent for properties located within 800' of any state or county road and less stringent for parcels located further than 800' from main arteries. To wit, buildings located 800 feet or less from a county, state or federal right-of-way shall use at least two different Class I or Class II materials and the building must be finished with at least 65 percent Class I or Class II, not more than 35 percent of Class III and Class IV materials; in no case shall Class IV materials exceed ten percent. Whereas, buildings located more than 800 feet from a county, state or federal right-of-way may utilize at least 75 percent Class I, Class II or Class III materials with no more than 25 percent of Planning Report — 3501 Coachman Point November 17, 2015 Page 3 the finish of the exterior, exposed walls of any newly constructed building finished with Class IV and V materials. Materials, listed by Class, are attached to this report as an exhibit. BACKGROUND/HISTORY The original Central Maintenance Facility (CMF) was constructed in 1985, it was expanded in 1989 and a cold storage building was built in 1993. Additional property was acquired from Blue Cross/Blue Shield in 2003. All of these actions were part of a planned phased development for the City's operations and maintenance facility. EXISTING CONDITIONS The 18 acre CMF site is occupied by Parks Maintenance and Public Works operations. The site has varying topography and contains the north water treatment plant, the central maintenance offices, shop and vehicle storage building, a cold storage building, a salt storage building and outdoor storage of materials, equipment and vehicles occurs in different locations on the site. Approximately 37% (6.8 acres) of the site is located within 800' from Yankee Doodle Road and subject to the higher finish standards. The north water treatment plant is located within 800' of Yankee Doodle Road and that building does meet the higher finish standards required. According to the applicant, there are poor soil conditions in the area of the site where the salt and brine storage buildings are proposed. EVALUATION OF REQUEST Proposal — As part of a proposed upgrade and expansion of the CMF facilities to best utilize the existing space to meet the demands of the two operations, the City is proposing to add two structures within the 800' setback area that will not meet the finish standards. The larger of these two buildings will be a 10,200 SF salt storage building and the smaller building a 600 SF brine building. The salt storage building is proposed to have 7' tall perimeter walls and a fabric roof over a hoop type structure that provides covered space with a 40' indoor clearance. The fabric material represents a deviation as it does not meet any exterior material standards. The brine building, which needs to be proximate to the salt storage building from an operational standpoint, is proposed to be constructed with architectural precast panels rather than concrete masonry units and brick. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. Planning Report — 3501 Coachman Point November 17, 2015 Page 4 Applicant's Practical Difficulties — The applicant's narrative states the subject site presents challenges due to the scale of operations housed there and the existence of poor soils that are not suitable to support the foundation of a typical building without cost prohibitive soil corrections or building foundation amendments. The applicant believes the requested deviations are necessary to better utilize the limited space on the site and to minimize up front cost and future maintenance expense. Evaluation — A practical difficulty is required to grant relief from the Zoning Ordinance. Limited space is certainly not unique to this site; however, overcoming the poor soil condition presents a situation that is not likely experienced in the vicinity of the subject site. City policymakers will need to determine whether the proposed Variance is reasonable and necessary to alleviate the stated practical difficulty. SUMMARY/CONCLUSION The applicant is proposing a deviation from the City Code standards for building exterior materials for two buildings located within 800' of Yankee Doodle Road. Lack of space on the site and poor soils are the driving factors for the Variance request. ACTION TO BE CONSIDERED To approve a Variance to the City of Eagan's building exterior surface material standards for property located at 3501 Coachman Point. If approved, the following conditions shall apply: If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. 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N c ■ QP WOy�pn j2 gi Jj gg {L MI W =6 Y'Ym I y 1 4 i a� E2 r 0 , D7 U m Ufa I ❑ $ r w -Jl --U o, Ed d o� � m �d �a ,a a J[A € . gig! 5 a � a HUM � Im x LJ @i Central Maintenance Facility Renovations/ Expansion Project Narrative — October 2015 Comprehensive Guide Plan Designation ■ Quasi -Public: no change proposed Zoning Classification ■ Public Facility: no change proposed Existing Land Uses on Subject Property/ Project Scope/ Timing -Phasing ■ The Central Maintenance Facility (CMF) and the River Valley Acres (RVA) sites provide all of the service and storage needs for the City of Eagan's maintenance operations. However, the CMF and RVA no longer effectively function to meet current work demands and expectations. ■ In 1985, the original CMF was constructed. It was expanded in 1989 and a cold storage building was built in 1993. The City acquired additional property from Blue Cross Blue Shield west of the CMF in 2003. These expansions were part of a planned phased development for the City's operations and maintenance facility. ■ In 2014, City staff worked with a consulting architect to determine the most effective options for the final expansion and required upgrades to the CMF. Comparisons of existing space for specific tasks were contrasted with industry standards to help determine realistic needs. City staff reviewed a number of proposed options to ensure practical operations and compliance with current regulations were included. ® On June 9, 2015, at a Special Council workshop, the City Council directed that the CMF expansion move forward to the design stage of the project. ■ The proposed improvements are Phase I of a CMF expansion and consist of additional heated vehicle storage and equipment bays, enlarged and updated service bays, as well as a salt storage shed. A contract with Oertel Architects has been executed for services to complete the plans and specifications for the Central Maintenance Facility Renovations and to serve as the architect for the project in cooperation -with City staff. Surrounding Land Uses and Zoning with 660 feet ® Major Office — (Blue Cross/ Blue Shield MN) - west g Single -Family Residential (111) — south, east and west High -Density Residential (114) - northwest ■ Public Facility (Church) - northeast ■ Neighborhood Business - north Variances Requested ■ Material variance for the proposed salt/sand storage structure, along with the proposed brine production building. The brine production building is a request to use architectural precast panels. This is to minimize the cost and future maintenance of the building (in lieu of a concrete masonry unit & brick building). ■ Material variance for the fabric roof on the salt/sand storage structure. G:Proj&Contracts/1206 CMF/Correspondence/Varlances Narrative Agenda Information Memo November 17, 2015 Eagan City Council Meeting PUBLIC HEARING B. Project 1141, Elrene Road (Yankee Doodle Road to Trails End Road) Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1141 (Elrene Road (Yankee Doodle Road to Trails End Road - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1141 provided the resurfacing of approximately 900 feet of Elrene Road, a collector roadway in east central Eagan, as part of Dakota County Contract 28-53. ➢ The Final Assessment Roll was presented to the City Council on October 20, 2015, with a public hearing scheduled for November 17, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 26% less than the estimate contained in the feasibility report presented at the public hearing held on December 16, 2014. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on November 9 to address all property owners' questions or concerns and provide any additional information of interest. Of the one business being assessed, no one attended the meeting. Attachments (1) PHB-1 Final Assessment Report FINAL ASSESSMENT REPORT PROJECT Number: 1141 Elrene Road (Yankee Doodle Road to 870` Name: south) PUBLIC HEARING DATES Assessment: November 17, 2015 Project Approval: December 16, 2014 Final Feasibility Rate Report Units Surf.®Signs - Direct Access $ 25.92 $ 35.11 F.F. Contract Number of Interest Amount Variance city Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR County Contract # 2 10 yrs 4.0% $ 22,550.40 $ (7,949.60) $ 29,714.78 $ (7,585.22) 97-155 $ 30,500.00 FR -26.1% $ 37,300.00 FR -20.3% 41-- 3 kD City ��" M010 of i To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 10, 2015 Subject: Final Assessment Roll, Project 1141 Elrene Road (Yankee Doodle Road to 870' south) At the public hearing on Dec 16, 2014, the City Council ordered Project 1141. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Elrene Road (Yankee Doodle Road to 870' south) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under County Contract # 97-155. The following information was used in the preparation of the assessment roll for Project 1141. PROJECT COST The total construction cost for this project is $40,467.07. This includes $40,467.07 paid to the contractors for the construction of the improvements. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $11,798.11 were incurred, resulting in a total improvement and project cost of $52,265.18. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Elrene Road CONSTRUCTION OTHER COST COSTS IMPROVEMENT FEASIBILITY 101 REPORT 34,931.05 10,184.09 45,115.14 61,100.00 Concrete Curb & Gutter Repair 5,536.02 1,614.02 7,150.04 6,700.00 40,467.07 11,798.11 52,265.18 67,800.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Commercial/Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Bituminous Mill & Overlay - Elrene Road costs are assessable for Commercial/Industrial Lots properties. The improvement and assessment rate for the Commercial/Industrial Lots properties is computed as follows: % Commercial/Industrial Lots = 870.0 F.F. / 1,740.0 F.F = 50.0% $45,115.14 (Bituminous Mill & Overlay- Elrene Road Cost) x50.0% =$22,550.40 $22,550.40 m $25.92 /Front Foot 870 Front Feet The remaining frontage within the project area (50.00%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 10 years for non-residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous Mill & Overlay - Elrene Road Concrete Curb & Gutter Repair Major Street Fund: $29,714.78 A AL"C� Aaron Nelson, P.E. Reviewed Filic Works Department I QqlL Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I COST REVENUE RESPONSIBILITY 45,115.14 22,550.40 22,564.74 7,150.04 - 7,150.04 52,265.18 22,550.40 29,714.78 Finan partment 'r Date Agenda Information Memo November 17, 2015 Eagan City Council Meeting PUBLIC HEARING C. Project 1163, Pines Edge 1st Addition Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1163 (Pines Edge 1st Addition - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1163 provided the resurfacing of approximately 2,950 feet of neighborhood streets within Pines Edge 1st Addition in southeast Eagan, as part of City Contract 15-01. ➢ The Final Assessment Roll was presented to the City Council on October 20, 2015, with a public hearing scheduled for November 17, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 29% less than the estimate contained in the feasibility report presented at the public hearing held on December 2, 2014. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on November 9 to address all property owners' questions or concerns and provide any additional information of interest. Of the 42 residential properties being assessed, one resident attended the meeting. Attachments (2) PHC-1 Final Assessment Report PHC-2 Neighborhood Meeting Minutes FINAL ASSESSMENT REPORT PROJECT Number: 1163 Name: Pines Edge 1st Addition PUBLIC HEARING DATES Assessment: November 17, 2015 Project Approval: December 2, 2014 Final Feasibility Rate Report Units Surf./Signs - Low Dens Res $ 941.92 $ 1,330.00 Lot Eq Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 15-01 42 5 yrs 4.096 $ 39,560.64 $ (16,339.36) $ 86,072.59 $ (14,627.41) $ 55,900.00 FR -29.2% $ 100,700.00 FR -14.5% My of EaRan Wo To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 10, 2015 Subject: Final Assessment Roll, Project 1163 Pines Edge 1st Addition At the public hearing on Dec 02, 2014, the City Council ordered Project 1163. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Pines Edge 1st Addition project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-01. The following information was used in the preparation of the assessment roll for Project 1163. PROJECT COST The total construction cost for this project is $96,252.86. This includes $95,742.21 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $510.65. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $29,380.37 were incurred, resulting in a total improvement and project cost of $125,633.23. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Pines Edge 1st Addition CONSTRUCTION OTHER COST COSTS 61,046.13 18,633.82 Concrete Curb & Gutter 35,206.73 10,746.55 96,252.86 29,380.37 ASSESSMENTS Trunk Assessments IMPROVEMENT FEASIBILITY COST REPORT 79,679.95 112,300.00 45,953.28 44,300.00 125,633.23 156,600.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Pines Edge 1st Addition costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 5,859.0 F.F. / 5,900.0 F.F = 99.3% $79,679.95 (Bituminous Mill & Overlay -Pines Edge 1st Addition Cost) x 99.3% x 50% =$39,560.64 $39,560.64 = $941.92 / Unit 42 Units The remaining frontage within the project area (.70%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy, ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous Mill & Overlay - Pines Edge 1st Additior Concrete Curb & Gutter ajor Street Fund: $86,072.59 A fi, 'u, Aaron Nelson, P. Reviewed Vis Works Department u/01/1--, s Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I COST REVENUE RESPONSIBILITY 79,679.95 39,560.64 40,119.31 451953.28 - 45,953.28 125,633.23 39,560.64 86,072.59 Finance rtment Date Pines Edge Ist Addition Neighborhood Street Revitalization City Project No. 1163 Informational Meeting — 5:30 P.M. Monday, Nov. 9, 2015 Meeting Room IAB Attendance Aaron Nelson, Assistant City Engineer, 1 resident representing 1 single family home were in attendance (see attached sign -in sheet). Presentation of Project Details Nelson welcomed the resident and had an informal discussion about the project and assessments as there was only one resident present. QuestionsL Comments 1. There were a number of workmanship issues the resident had concerns with. Some items were addressed at the meeting, and others were followed up with the resident the following day. a. The joint where the new asphalt meets the old asphalt (at the end of the project limits) is not straight and the new asphalt is a little higher than the old. Overall, the contractor's work was acceptable, however, there are some areas where the workmanship could have been improved. Although the joint is not perfectly straight, it is generally considered acceptable. Staff is reviewing options to determine if the benefits outweigh the downfalls of having the contractor grind the surface of the new asphalt to the elevation of the old asphalt. Aesthetically, grinding the asphalt surface would make it look different than the surrounding asphalt, however, if it high asphalt creates an issue with snowplowing, then it would be ground lower. b. Small amounts of asphalt spilled over onto the curb while they were placing it. It is difficult to place asphalt along a curb line without some of it spilling onto the curb. Removing the larger chunks of asphalt that spilled onto the curb is on the contractors punch list to complete this fall. Smaller chunks will not be removed, but will likely break off during the first winter, which is common with overlay projects. c. The asphalt adjacent to the concrete curb and gutter Is higher than the curb. Shouldn't it be flush? Ideally, the asphalt is plus or minus X" above the curb to prevent snow plow damage to the curb. The majority of asphalt is within those tolerances. There are some areas slightly higher, but they are not to the point where repairs are needed. d. Portions of the old concrete curb a gutter were chipped during the milling process. Because the asphalt mill operates so close to the curb, it is difficult to completely avoid any chipping. The chips are generally isolated, small in size, and do not inhibit the function of the curb. Repairing those chips would cause more damage, so they will remain as is. e. Many of the manholes were set too low below the asphalt surface. The contractor did have several issues adjusting manholes. They already came back to re -adjust all manholes and most of the water main gate valves that were out of tolerances, and are coming back to re -adjust any remaining gate valves this fall. f. Tack oil is tracked onto many manhole covers. Many manhole covers do have tack oil tracked on them but it generally wears off over the first winter, with no access issues in the interim, so no repairs are required. 2. The resident feels the assessment amount should be reduced due to workmanship issues. Property owners are assessed according to the City's assessment policy. For residential properties, the policy requires the cost of all work between the curbs to be split between the city and property owners 50/50, and any work in the curbs and boulevard, including fire hydrant improvements, to be paid 100% by the city. The property owner's portion is split evenly among all lots in the neighborhood. The city pursued and collected liquidated damages from the contractor ($30,000 for the entire contract). The damages were reduced from the overall project costs, which lowered everybody's assessment. This reduction is already taken into account in the proposed assessment amounts for every project. The meeting adjourned at 6:00 p.m. ,' i hili l Pines Edge 1st Addition Street Revitalization City Project 1163 Informational Meeting Monday, Nov. 9, 2015 5.30 p.m. Conference Room 1 AB ADDRESS _ r" Agenda Information Memo November 17, 2015 Eagan City Council Meeting PUBLIC HEARING D. Project 1164, Red Pine Lane (TH 3 to Weston Hills Drive) Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1164 (Red Pine Lane, TH 3 to Weston Hills Drive - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1164 provided the resurfacing of approximately 1,900 feet of Red Pine Lane in southeast Eagan, as part of City Contract 15-01. ➢ The Final Assessment Roll was presented to the City Council on October 20, 2015, with a public hearing scheduled for November 17, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 34% less than the estimate contained in the feasibility report presented at the public hearing held on December 2, 2014. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on November 9 to address all property owners' questions or concerns and provide any additional information of interest. Of the 5 residential, 1 public facility, and 2 commercial/industrial properties being assessed, no one attended the meeting. Attachments (1) PHD-1 Final Assessment Report FINAL ASSESSMENT REPORT PROJECT PUBLIC HEARING DATES Number: 1164 Assessment: November 17, 2015 Name: Red Pine Lane Project Approval: December 2, 2014 Surf./Signs - Low Dens Res Surf. Signs - Direct Access Surf./Signs - Direct Access Contract Number of Interest Amount Final City Feasibility Number Parcels Terms Rate Assessed Actual to FR Rate Actual to FR Report Units $ 931.34 $ 1,412.00 Lot Eq $ 15.10 $ 22.95 F.F. $ 22.66 $ 34.43 F.F. Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 15-01 8 5/10 yrs 4.0% $ 25,597.86 $ (13,302.14) $ 105,045.92 $ (54,354.08) $ 38,900.00 FR -34.2% $ 159,400.00 FR -34.1% t - � zy Eakan i To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 10, 2015 Subject: Final Assessment Roll, Project 1164 Red Pine lane At the public hearing on Dec 02, 2014, the City Council ordered Project 1164. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Red Pine Lane project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-01. The following information was used in the preparation of the assessment roll for Project 1164. PROJECT COST The total construction cost for this project is $97,126.80. This includes $95,626.23 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,500.57. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $33,516.98 were incurred, resulting in a total improvement and project cost of $130,643.78. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION IMPROVEMENT COST Bituminous Mill & Overlay - Red Pine Lane (TH 3 to Weston Hills Drive) Concrete curb & gutter repairs ASSESSMENTS Trunk Assessments 62,535.02 34,591.78 OTHER IMPROVEMENT FEASIBILITY COSTS COST REPORT 21,579.88 11,937.10 84,114.90 46,528.88 127,600.00 70,700.00 97,126.80 33,516.98 130,643.78 198,300.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Red Pine Lane (TH 3 to Weston Hills Drive) costs are assessable for Low Density Residential (Single Family) properties. These properties receive a street thickness credit (1.5"/2.0") and street width credit (32'/36'). Therefore, only 67% of the costs for this project are assessable. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 616.0 F.F. / 3,706.0 F.F = 16.6% $84,114.90 (Bituminous Mill & Overlay - Red Pine Lane (TH 3 to Weston Hills Drive) Cost) x 16.6% x 50% x 66.7% _ $4,656.70 $4,656.70 = $931.34 /Unit 5 Units Public Facility Lots Improvements: The City's Assessment Policy states that 75% of the Bituminous Mill & Overlay - Red Pine Lane (TH 3 to Weston Hills Drive) costs are assessable for Public Facility Lots properties.This property receives a street width credit (32'/36'). Therefore, only 89% of the costs for this project are assessable. The improvement and assessment rate for the Public Facility Lots properties is computed as follows: % Public Facility Lots = 635.0 F.F. / 3,706.0 F.F = 17.1% $84,114.90 (Bituminous Mill & Overlay - Red Pine Lane (TH 3 to Weston Hills Drive) Cost) x 17.1% x 75% x 88.9% _ $9,588.50 $9,588.50 = $15.10 /Front Foot 635 Front Feet Commercial/Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Bituminous Mill & Overlay - Red Pine Lane (TH 3 to Weston Hills Drive) costs are assessable for Commercial/Industrial Lots properties. The improvement and assessment rate for the Commercial/Industrial Lots properties is computed as follows: % Commercial/Industrial Lots = 501.0 F.F. / 3,706.0 F.F = 13.50% $84,114.90 (Bituminous Mill & Overlay - Red Pine Lane (TH 3 to Weston Hills Drive) Cost) x 13.50% _ $11,352.66 $11,352.66 = $22.66 / Front Foot 501 Front Feet The remaining frontage within the project area (52.80%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties, and 10 years for non-residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST Bituminous Mill & Overlay - Red Pine Lane (TH 3 to 84,114.90 Weston Hills Drive) Concrete curb & gutter repairs Major Street Fund: Aaron Nelson, P.E. Reviewed PAI Works Department Date $105,045.92 c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I REVENUE RESPONSIBILITY 25,597.86 58,517.04 46,528.88 46,528.88 130,643.78 25,597.86 105,045.92 Finance De rent Date Agenda Information Memo November 17, 2015 Eagan City Council Meeting PUBLIC HEARING E. Project 1159, Duckwood Drive (Denmark Avenue to Lexington Avenue) Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1159 (Duckwood Drive (Denmark Avenue to Lexington Avenue - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1159 provided the resurfacing of 3,200 feet of Duckwood Drive (Denmark Avenue to Lexington Avenue), a collector roadway in central Eagan, as part of City Contract 15-01. ➢ The Final Assessment Roll was presented to the City Council on October 20, 2015, with a public hearing scheduled for November 17, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 50% less than the estimate contained in the feasibility report presented at the public hearing held on December 16, 2014. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on November 9 to address all property owners' questions or concerns and provide any additional information of interest. Of the 22 residential and neighborhood park properties being assessed, no one attended the meeting. Attachments (1) PHE-1 Final Assessment Report PROJECT Number: 1159 Duckwood Drive (Denmark Ave. to Name: Lexington Ave.) FINAL ASSESSMENT REPORT PUBLIC HEARING DATES Assessment: November 17, 2015 Project Approval: December 16, 2014 Final Feasibility Rate Report Units STREET Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Surf./Stens - R-1 Residential $ 500.62 $ 975.00 Lot STREET $ (142,213.70) $ 29,200.00 FR -50.3% $ 314,000.00 FR -45.3% Surf./Signs - R-3 Residential $ 375.46 $ 731.00 Unit STREET Surf./Signs - Direct Access $ 8.08 $ 15.73 F.F. STREET Surf./Siens - NH Park $ 4.04 $ 7.86 F.F. Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 15-01 22 5 yrs 4.0% $ 14,505.84 $ (14,694.16) $ 171,786.30 $ (142,213.70) $ 29,200.00 FR -50.3% $ 314,000.00 FR -45.3% f a A, Y'••. bilLy of Eap 0 To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 10, 2015 Subject: Final Assessment Roll, Project 1159 Duckwood Drive (Denmark Ave. to Lexington Ave.) At the public hearing on Dec 16, 2014, the City Council ordered Project 1159. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Duckwood Drive (Denmark Ave. to Lexington Ave.) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-01. The following information was used in the preparation of the assessment roll for Project 1159. 16N*414 0111 The total construction cost for this project is $146,324.74. This includes $144,302.76 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,021.98. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $39,967.40 were Incurred, resulting in a total improvement and project cost of $186,292.14. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential Lots (R-1,2,3) Improvements: CONSTRUCTION OTHER IMPROVEMENT FEAS191LITY IMPROVEMENT COST COSTS COST REPORT Bituminous Mill & Overlay- 100,124.39 27,348.16 127,472.55 248,400.00 Duckwood Drive (Denmark Avenue to Lexington Avenue) - - - - Concrete Curb &Gutter Repairs 46,200.35 12,619.24 58,819.59 94,800.00 146,324.74 39,967.40 186,292.14 343,200.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential Lots (R-1,2,3) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Duckwood Drive (Denmark Avenue to Lexington Avenue) costs are assessable for Low Density Residential (R1,2,3) properties. These properties receive an Early Deterioration Credit (15 years/20 year life expectancy), a Street Width Credit (32'/44'), and a Pavement Thickness Credit (1.5"/2.0"). The assessment rates for the Low Density (R-1,2,3) properties are computed as follows: 6 lots total (2 single family and 4 town homes) 1 R-1 lot =1.0 Equivalent Residential Unit (ERU) 1 R-3 unit = 0.75 ERU Total ERU's = 2 R-1 + (4 x 0.75) R-3 = 5 ERU's 620' R1/R3 Residential Frontage / 6,460' Total Frontage = 9.6% $127,472.55 (Mill & Overlay Costs) x 50% (assessment rate) x 9.6% x 75% (early deterioration credit) x 321/44' (street width credit) x 1.5"/2.0" (pavement thickness credit) _ $2,503.10 (Total R/1/R/3 Assessment) $2,503.10/5 ERU's = $500.62/ERU - R-1= $500.62 x 1.0 = $500.62/lot - R-3 = $500.62 x 0.75 = $375.46/unit High Density Residential Lots (114) Improvements: The City's Assessment Policy states that 75% of the Bituminous Mill & Overlay - Duckwood Drive (Denmark Avenue to Lexington Avenue) costs are assessable for High Density Residential (114) properties. These properties receive an Early Deterioration Credit (15 years/20 year life expectancy), and a Street Width Credit (32'/44'). The assessment rates for the High Density (R-4) properties are computed as follows: $127,472.55 (Mill & Overlay Costs) / 6,460' (Total Frontage) _ $19.73 / Front Foot $19.73 / Front Foot x 75% (assessment rate) x 75% (early deterioration credit) x 32'/44' (street width credit) _ $8.08 / R-4 Front Foot Neigborhood Park Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Duckwood Drive (Denmark Avenue to Lexington Avenue) costs are assessable for Neighborhood Park properties. These properties receive an Early Deterioration Credit (1S years/20 year life expectancy), a Street Width Credit (32'/44'), and a Pavement Thickness Credit (1.5"/2.0"). The assessment rates for the Neighborhood Park properties are computed as follows: $127,472.55 (Mill & Overlay Costs) / 6,460' (Total Frontage) _ $19.73 / Front Foot $19.73 / Front Foot x 50% (assessment rate) x 75% (early deterioration credit) x 32/44' (street width credit) x 1.5"/2.0" (pavement thickness credit) _ $4.04 / Neighborhood Park Front Foot The remaining frontage within the project area (66.40%) Is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous Mill & Overlay - Duckwood Drive (Denmark Avenue to Lexington Avenue) Concrete Curb & Gutter Repairs COST REVENUE RESPONSIBILITY 127,472.55 14,505.84 112,966.71 58,819.59 58,819.59 186, 292.14 14,505.84 171,786.30 Major Street Fund: $171,786.30 Aaron Nelson, PAE. Reviewed _a� 144, P ii is Works Department Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I Finance De ent Date Agenda Information Memo November 17, 2015 Eagan City Council Meeting PUBLIC HEARING F. Project 1167, Thomas Lake Road (Cliff Road to Diffley Road) Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1167 Thomas Lake Road (Cliff Road to Diffley Road - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1167 provided the resurfacing of 5,800 feet of Thomas Lake Road (Cliff Road to Diffley Road), a collector roadway in southern Eagan, as part of City Contract 15-01. ➢ The Final Assessment Roll was presented to the City Council on October 20, 2015, with a public hearing scheduled for November 17, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on December 16, 2014. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on November 9 to address all property owners' questions or concerns and provide any additional information of interest. Of the 97 mixed use properties being assessed, no one attended the meeting. Attachments (1) PHF-1 Final Assessment Report PROJECT Number: 1167 FINAL ASSESSMENT REPORT PUBLIC HEARING DATES Assessment: November 17, 2015 Thomas Lake Road (Cliff Name: Road to Diffley Road) Project Approval: December 16, 2014 STREET Surf./Signs R-1 Surf./Signs R-1 Unplatted Surf./Signs R-3 Surf./Signs R-4 Surf./Signs Neighborhood Parks Surf./Signs Community Parks Surf./Signs Public Facilities Surf./Signs Commercial/Industrial OTHER Concrete Entrance Final Variance Feasibility Variance Rate Actual to FR Report Units $ 499.76 $ 950.00 Lot $ 4.36 $ 8.32 F.F. $ 62.86 $ 120.00 TH Unit $ 8.70 $ 16.64 F.F. $ 4.41 $ 8.32 F.F. $ 8.74 $ 16.64 F.F. $ 8.74 $ 16.64 F.F. $ 16.04 $ 30.50 F.F. $ 89.96 $ 114.00 S.Y. Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 15-01 92 5/10 yrs 4.0% $ 75,466.18 $ 13,066.18 $ 433,546.50 $ (243,753.50) $ 62,400.00 FR 20.9% $ 677,300.00 FR -36.0% Citi of Eap Mmo To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 10, 2015 Subject: Final Assessment Roll, Project 1167 Thomas Lake Road (Cliff Road to Diffley Road) At the public hearing on Dec 16, 2014, the City Council ordered Project 1167. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Thomas Lake Road (Cliff Road to Diffley Road) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-01. The following information was used in the preparation of the assessment roll for Project 1167. PROJECT COST The total construction cost for this project is $419,591.13. This includes $416,989.01 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,602.12. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $89,421.55 were incurred, resulting in a total improvement and project cost of $509,012.68. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) Concrete Driveway Repairs Concrete Curb & Gutter Repairs ASSESSMENTS Trunk Assessments CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY COST COSTS, COST REPORT 192,178.75 40,956.35 233,135.10 443,500.00 27,958.20 5,958.34 33,916.54 24,000.00 199,454.18 42,506.86 241,961.04 272,200.00 419,591.13 89,421.55 509,012.68 739,700.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) costs are assessable for Low Density Residential (Single Family) properties.These properties receive an early deterioration credit (16 years/20 year life expectancy), a street width credit (32'/44'), and a pavement thickness credit (1.5"/2.01. Therefore, only 44% of the costs for this project are assessable. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 690.0 F.F. / 11,632.0 F.F = 5.9% $233,135.10 (Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) Cost) x 5.9% x 50% x 43.6% $2,998.56 $2,998.56 = $499.76 / Unit 6 Units R1 Residential Unplatted Lots Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) costs are assessable for R1 Residential Unplatted Lots properties.These properties receive an early deterioration credit (16 years/20 year life expectancy), a street width credit (32'/44'), and a pavement thickness credit (1.5"/2.0"). Therefore, only 44% of the costs for this project are assessable. The improvement and assessment rate for the R1 Residential Unplatted Lots properties is computed as follows: R1 Residential Unplatted Lots 815.0 F.F. / 11,632.0 F.F = 7.0% $233,135.10 (Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) Cost) x 7.0% x 50% x 43.6% $3,553.40 $3,553.40 = $4.36 /Front Foot 815 Front Feet High Density Residential Lots (113) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) costs are assessable for High Density Residential Lots (113) properties.These properties receive an early deterioration credit (16 years/20 year life expectancy), a street width credit (32'/44'), and a pavement thickness credit (1.5"/2.0"), Therefore, only 44% of the costs for this project are assessable. The improvement and assessment rate for the High Density Residential Lots (113) properties is computed as follows: High Density Residential Lots (113) = 1,088.0 F.F. / 11,632.0 F.F = 9.40% $233,135.10 (Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) Cost) x 9.40% x 50% x 43.6% $4,777.36 $4,777.36 = $62.86 /Unit 76 Units High Density Residential Lots (114) - Rental Improvements: The City's Assessment Policy states that 75% of the Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) costs are assessable for High Density Residential Lots (114) - Rental properties.This property receives an early deterioration credit (16 years/20 year life expectancy), and a street width credit (32'/44'). Therefore, only 58% of the costs for this project are assessable. The improvement and assessment rate for the High Density Residential Lots (R4) - Rental properties is computed as follows: % High Density Residential Lots (114) - Rental = 771.0 F.F. / 11,632.0 F.F = 6.60% $233,135.10 (Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) Cost) x 6.60% x 75% x 58.2% $6,707.70 $6,707.70 = $8.70 /Front Foot 771 Front Feet Neigborhood Park improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) costs are assessable for Neigborhood Park properties.These properties receive an early deterioration credit (16 years/20 year life expectancy), a street width credit (32'/44'), and a pavement thickness credit (1.5"/2.0"). Therefore, only 44% of the costs for this project are assessable. The improvement and assessment rate for the Neigborhood Park properties is computed as follows: % Neigborhood Park = 472.0 F.F. / 11, 632.0 F. F = 4.10% $233,135.10 (Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) Cost) x 4.10% x 50% x 43.6% _ $2,081.52 $2,081.52 = $4.41 /Front Foot 472 Front Feet Community Park Improvements: The City's Assessment Policy states that 75% of the Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) costs are assessable for Community Park properties. These properties receive an early deterioration credit (16 years/20 year life expectancy), and a street width credit (32'/44'). Therefore, only 58.2% of the costs for this project are assessable. The improvement and assessment rate for the Community Park properties are computed as follows: % Community Park = 360.0 F.F. / 11,632.0 F.F. = 3.09% $233,135.10 (Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) Cost) x 3.09% x 75% x 58.2% $ 3,146.40 $3,146.40 = $8.74 / Front Foot 360 Front Feet Public Facility Improvements: The City's Assessment Policy states that 75% of the Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) costs are assessable for Public Facility properties. These properties receive an early deterioration credit (16 years/20 year life expectancy), and a street width credit (32'/44'). Therefore, only 58.2% of the costs for this project are assessable. The improvement and assessment rate for the Public Facility properties are computed as follows: % Public Facility = 901.0 F.F. / 11,632.0 F.F. = 7.75% $233,135.10 (Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) Cost) x 7.75% x 75% x 58.2% _ $7,874.74 $7,874.74 = $8.74 / Front Foot 901 Front Feet Commercial/ Industrial Improvements: The City's Assessment Policy states that 100% of the Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) costs are assessable for Commercial/ Industrial properties. These properties receive an early deterioration credit (16 years/20 year life expectancy). Therefore, only 80.0% of the costs for this project are assessable. The improvement and assessment rate for the Commercial/ Industrial properties are computed as follows: % Commercial/ Industrial = 649.0 F.F. / 11,632.0 F.F. = 5.58% $233,135.10 (Bituminous Mill & Overlay - Thomas Lake Road (Cliff Road to Diffley Road) Cost) x 5.58% x 100% x 80.0% = $10,409.96 $10,409.96 = $16.04 / Front Foot 649 Front Feet Driveway Entrance Replacement Improvements: The City's Assessment Policy states that 100% of the Concrete Driveway Repairs costs are assessable for Driveway Entrance Replacement properties. The improvement and assessment rate for the Driveway Entrance Replacement properties is computed as follows: $33,916.54 (Concrete Driveway Repairs Cost) _ $33,916.54 $33,916.54 = $89.96 / S.Y. 377 S.Y. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties, and 10 years for non-residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST Bituminous Mill & Overlay - Thomas Lake Road (Clif Concrete Entrance Repairs Concrete Curb & Gutter Repairs Major Street Fund: $433,546.50 Aaro Nelson, P.E. Reviewed &Z, & : � �-k P is Works Department t. 1 r Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I REVENUE RESPONSIBILITY 233,135.10 41,549.64 191,585.46 33,916.54 33,916.54 241,961.04 - 241,961.04 509,012.68 75,466.18 433,546.50 Finance D went Date Agenda Information Memo November 17, 2015 Eagan City Council Meeting PUBLIC HEARING G. Project 1170 Wilderness Run Road (Pilot Knob Road to Capricorn Court) Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1170 Wilderness Run Road (Pilot Knob Road to Capricorn Court - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1170 provided the resurfacing of 5,300 feet of Wilderness Run Road (Pilot Knob Road to Capricorn Court), a collector roadway in southern Eagan, as part of City Contract 15-01. ➢ The Final Assessment Roll was presented to the City Council on October 20, 2015, with a public hearing scheduled for November 17, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on December 16, 2014. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on November 9 to address all property owners' questions or concerns and provide any additional information of interest. Of the 15 mixed use properties being assessed, no one attended the meeting. Attachments (1) PHG-1 Final Assessment Report FINAL ASSESSMENT REPORT PROJECT PUBLIC HEARING DATES Number: 1170 Assessment: November 17, 2015 a Name: Wilderness Run Road Project Approval: December 16, 2014 Contract Number of Interest Amount Final City Feasibility Number Parcels Terms Rate Assessed Actual to FR Rate Actual to FR Report Units Surf./Signs - Low Dens Res $ 714.76 $ 1,190.00 Lot Eq Surf./Signs - Public FacilEty $ 11.62 $ 19.23 F.F. Surf.SEans - Gomm/Ind $ 21.30 $ 35.25 F.F. Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 15-01 15 5/10 yrs 4.0% $ 24,490.40 $ (16,209.60) $ 351,663.39 $ (185,336.61) $ 40,700.00 FR -39.8% $ 537,000.00 FR -34.5% City of Eap momo To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 10, 2015 Subject: Final Assessment Roll, Project 1170 Wilderness Run Road At the public hearing on Dec 16, 2014, the City Council ordered Project 1170. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Wilderness Run Road project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The Improvements were completed under Contract 15-01. The following information was used in the preparation of the assessment roil for Project 1170. PROJECT COST The total construction cost for this project is $314,001.63. This includes $310,964.87 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $3,036.76. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $62,152.16 were incurred, resulting in a total improvement and project cost of $376,153.79. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Wilderness Run Road Concrete Curb & Gutter Repairs CONSTRUCTION COST 194,406.90 77,211.74 OTHER IMPROVEMENT FEASIBILITY COSTS COST REPORT 38,480.09 232,886.99 387,800.00 15,282.96 92,494.70 155,800.00 Fire Hydrant Improvements 42,382.99 8,389.11 50,772.10 34,100.00 314,001.63 62,152.16 376,153.79 577,700.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) & Neighborhood Park Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Wilderness Run Road costs are assessable for Low Density Residential and Neighborhood Park properties. These properties receive an early deterioration credit (19 years/20 year life expectancy), a pavement thickness credit (1.5"/2.0 ), and a street width credit (32'/44'). Therefore, only 51.8% of the costs for this project are assessable. The improvement and assessment rate for the Low Density Residential and Neighborhood Park properties are computed as follows: % Low Density Residential (Single Family) = 2,477.0 F.F. / 10,450.0 F.F = 23.7% $232,886.99 (Bituminous Mill &Overlay - Wilderness Run Road Cost) x 23.7% x 50% x 51.8% _ $14,295.20 $14,295.20 = $714.76 / Unit 20 Equivalent Residential Units Public Facility Lots Improvements: The City's Assessment Policy states that 75% of the Bituminous Mill & Overlay - Wilderness Run Road costs are assessable for Public Facility Lots properties.These properties receive an early deterioration credit (19 years/20 year life expectancy), and a street width credit (32'/44'). Therefore, only 69% of the costs for this project are assessable. The improvement and assessment rate for the Public Facility Lots properties is computed as follows: % Public Facility Lots = 135.0 F.F. / 10,450.0 F.F = 1.3% $232,886.99 (Bituminous Mill & Overlay - Wilderness Run Road Cost) x 1.3% x 75% x 69.1% _ $1,568.70 $1,568.70 = $11.62 /Front Foot 135 Front Feet Commercial/Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Bituminous Mill & Overlay - Wilderness Run Road costs are assessable for Commercial/Industrial Lots properties.These properties receive an early deterioration credit (19 years/20 year life expectancy). Therefore, only 95% of the costs for this project are assessable. The improvement and assessment rate for the Commercial/Industrial Lots properties is computed as follows: % Commercial/Industrial Lots = 405.0 F.F. / 10,450.0 F.F = 3.90% $232,886.99 (Bituminous Mill & Overlay - Wilderness Run Road Cost) x 3.90% x 95.0% _ $8,626.50 $8,626.50 = $21.30 /Front Foot 405 Front Feet The remaining frontage within the project area (71.10%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties, and 10 years for non-residential properties. The interest rate Is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST Bituminous Mill & Overlay - Wilderness Run Road 232,886.99 Concrete Curb & Gutter Repairs Fire Hydrant Improvements Major Street Fund: $300,891.29 Public Utilities: $50,772.10 P1 X Aaron Nelson, P.E. IV Reviewed P is Work Dep rtment C( I Date Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant 92,494.70 50,772.10 REVENUE RESPONSIBILITY 24,490.40 208,396.59 92,494.70 50,772.10 376,153.79 24,490.40 351,663.39 Finance D ent Date Agenda Information Memo November 17, 2015 Eagan City Council Meeting PUBLIC HEARING H. Project 1175 Northwood Parkway & Promenade Avenue Final Assessment Hearing Action To Be Considered: Approve the Final Assessment Roll for Project 1175 (Northwood Parkway & Promenade Avenue - Street Improvements) and authorize its certification to Dakota County for collection. Facts: ➢ Project 1175 provided the resurfacing of 5,900 feet of Northwood Parkway & Promenade Avenue, in northern Eagan, as part of City Contract 15-01. ➢ The Final Assessment Roll was presented to the City Council on October 20, 2015, with a public hearing scheduled for November 17, 2015, to formally present the final costs associated with this public improvement to the affected benefitting properties. ➢ The final assessments for the assessable properties are approximately 37% less than the estimate contained in the feasibility report presented at the public hearing held on January 6, 2015. ➢ All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on November 9 to address all property owners' questions or concerns and provide any additional information of interest. Of the 20 residential and commercial/industrial properties being assessed, no one attended the meeting. Attachments (1) PHH-1 Final Assessment Report PROJECT Number: 1175 FINAL ASSESSMENT REPORT PUBLIC HEARING DATES Assessment: November 17, 2015 Northwood Parkway & Name: Promenade Avenue Project Approval: January6, 2015 Final Feasibility Rate Report Units STREET Surf./Signs Single Family Res $ 4.87 $ 9.21 F.F. Surf./Signs - Direct Access $ 1,065.55 $ 1,987.00 F.F. Surf./Signs - Direct Access $ 1,775.91 $ 3,312.00 F. F. OTHER Driveway - Cl $ 124.31 $ 120.00 F.F. Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 15-01 20 5/10 yrs 4.0% $ 232,348.62 $ (139,151.38) $ 204,506.30 $ (159,593.70) $ 371,500.00 FR -37.5% $ 364,100.00 FR -43.8% 11 - City of 1 Eajan To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: November 10, 2015 Subject: Final Assessment Roll, Project 1175 Northwood Parkway & Promenade Avenue At the public hearing on Jan 06, 2015, the City Council ordered Project 1175. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Northwood Parkway & Promenade Avenue project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 15-01. The following information was used in the preparation of the assessment roll for Project 1175. PROJECT COST The total construction cost for this project is $340,000.16. This includes $337,835.93 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,164.23. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $96,854.76 were incurred, resulting in a total improvement and project cost of $436,854.92. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT COST COSTS Bituminous Mill & Overlay - Northwood Parkway & Promenade Avenue 160,488.74 Concrete Entrance Replacement 53,502.14 Concrete Curb & Gutter Repair 126,009.28 340,000.16 ASSESSMENTS Trunk Assessments IMPROVEMENT FEASIBILITY COST REPORT 45,717.92 206,206.66 384,600.00 15,240.98 68,743.12 107,500.00 35,895.86 161,905.14 243,500.00 96,854.76 436,854.92 735,600.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Northwood Parkway & Promenade Avenue costs are assessable for Low Density Residential (Single Family) properties.These properties receive an early deterioration credit (93.7%), a street width credit (32'/40'), and a pavement thickness credit (1.5"/2.0"). Therefore, only 56% of the costs for this project are assessable. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 214.0 F.F. / 11,744.0 F.F = 1.8% $206,206.66 (Bituminous Mill & Overlay - Northwood Parkway & Promenade Avenue Cost) x 1.8% x 50% x 56.2% _ $1,042.18 $1,042.18 = $4.87 /Front Foot 214 Front Feet High Density Residential (R-4) and Commercial/ Industrial Improvements: The City's Assessment Policy states that 75% of Bituminous Mill & Overlay costs are assessable for High Density (R-4) properties, based on a standard 32' wide roadway, and 100% for Commercial/ Industrial properties, regardless of street width. These properties receive an early deterioration credit (93.7%). R-4 and C/I properties make up 91.5% of the total street frontage in this area (10,750'/11,744'). There are 99.55 net R-4 & C/I acres in the project area. The improvement and assessment rate for the Commercial/ Industrial properties are computed as follows: R-4 Residential Properties $206,206.66 (mill & Overlay Costs) x 75% (assessment rate) x 93.7% (early deterioration credit) x 32/40' (street width credit) x 91.5% (R-4 & C/I frontage) _ $106,075.39 $106,075.39 / 99.55 net acres = $1,065.55 / net acre (R-4) C/I Properties $206,206.66 (mill & Overlay Costs) x 100% (assessment rate) x 93.7% (early deterioration credit) x 91.5% (R-4 & C/I frontage) _ $176,792.31 $176,792.31 / 99.55 net acres = $1,775.91 / net acre (C/1) Commercial/Industrial Lots - Concrete Entrance Apron Replacement Improvements: The City's Assessment Policy states that 100% of the Concrete Entrance Replacement costs are assessable for Commercial/Industrial Lots - Concrete Entrance Apron Replacement properties. The improvement and assessment rate for the Commercial/Industrial Lots - Concrete Entrance Apron Replacement properties is computed as follows: 553 S.Y. Concrete Driveway Entrance Replacement $68,743.12 (Concrete Entrance Replacement Cost) x 100.00% = $68,743.12 $68,743.12 = $124.31 / S.Y. 553 S.Y. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties, and 10 years for non-residential properties. The interest rate is 4.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST Bituminous Mill & Overlay - Northwood Parkway & 206,206.66 Concrete Entrance Replacement Concrete Curb & Gutter Repair Major Street Fund: $204,506.30 Y� Aaron Nelson, P,E. Rewewed (0�� 7 Pu c Works epartment d 911 Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I 68,743.12 REVENUE RESPONSIBILITY 163,605.50 68,743.12 161,905.14 - 436,854.92 232,348.62 42,601.16 161,905.14 204,506.30 (: � vi, I - Finance ment Date Cheryl Stevenson To: Ellen Costello Subject: RE: Re phone call from Ellen Costello this am From: Ellen Costello [mailto:ekcostello@yahoo.com] Sent: Tuesday, November 17, 2015 10:20 AM To: Cheryl Stevenson Subject: Re phone call from Ellen Costello this am November 16, 2015 City of Eagan City Council c/o Christina M. Scipioni, City Clerk Dear Council Members, This letter is in regard to the recent assessment on my property for road improvements on Northwood Parkway. I live on the southwest corner of Lexington Ave. S. and Northwood Parkway. I have resided at this address for 29 years. I am the only home owner involved in this improvement project. Prior to the construction of Northwood Parkway my driveway was on Lexington Ave. I did not choose the location change of my driveway. I have some concerns with the assessment charged to my property. I contend that this assessment is not fair considering my location. I will break this down into smaller points. *If you are familiar with my corner in Eagan, you will know it to be one of the busiest residential intersections in the city. My home is passed by thousands of cars daily, many turning onto and off of Northwood Parkway.. Northwood Parkway is a shared street with all of Eagan (and other communities). It is used as a route used by both cars and trucks to local businesses and as an access to 135 E. I am the only resident at my address and have one vehicle *Northwood Parkway is a difficult and dangerous street to access to and from my property. When entering from the east of my property I have to hand signal and often point with my finger that I am turning. When entering from the west I hand signal and hit my break lights many times, often being honked at. Motorists are probably unaware that there is a driveway before reaching Lexington Ave. When leaving my property I have to watch the traffic in all directions. This is especially dangerous with the right turn on red and the left turn on yellow from Lexington Ave. I have had many close calls for both rear ending and broadsiding my car. At certain times of the day, especially noon hour and afternoon "rush hour" it is extremely difficult and dangerous to enter and exit my property. *Entering my property after a heavy snow fall is difficult. The apron of my drive can be loaded with snow after city plowing and I have to make a quick and fast entry to get through the apron to be able to get up my steep drive. The turning momentum is essential. This is difficult with oncoming traffic. *It is difficult to collect my mail. My mailbox is on the lane that turns south on Lexington. There is no shoulder. I have to step into the street to open my box. Motorists don't see me there. *1 have no street parking. Hosting events at my home have been difficult. I have had to use the front lawn for parking when I have a yard sale. My family and friends find the access and exit to my property frustrating and dangerous. *Northwood Parkway has not received the normal "wear and tear" that a typical neighborhood street has. A typical neighborhood repaving of a street should last more than 15 years. I believe that the current improvements were necessary because of the high volume of car and truck traffic that occurs daily since the development of the road 15 — 16 years ago. I have made a minute "foot print" on Northwood Parkway since it has been constructed. Since the construction of Northwood Parkway in 1999 -2000 and the change in my driveway from Lexington Ave to its current location, I have incurred more problems than benefits in accessing this street to and from my property. I am frustrated with the idea of an assessment for a road that is used by thousands in Eagan daily. I have contributed little to the "wear and tear"of Northwoods Parkway since it has been built and feel my portion of the assessment should be assessed to the multitude of community members that use it daily. Lastly as a single resident on a fixed retirement income I feel the assessment is a burden. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 17, 2015 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING for Minnesota Investment Fund Application for Prime Therapeutics Eagan Expansion F. OTHER BUSINESS G. ADJOURN Agenda Information Memo November 17, 2015 Eagan Economic Development Authority Meeting 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. CfW4Ld►61 -4i<i e W 4 ► � e ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC-1 Minutes of the November 2, 2015 EDA meeting. D. OLD BUSINESS There are no Old Business items at this time. E. NEW BUSINESS— PUBLIC HEARING 1. PUBLIC HEARING FOR MINNESOTA INVESTMENT FUND APPLICATION FOR THE PRIME THERAPEUTICS EAGAN EXPANSION ACTION TO BE CONSIDERED: To close the public hearing and approve a resolution and findings of fact to authorize submittal of a Minnesota Investment Fund application from Prime Therapeutics for its expansion in the City of Eagan and authorize EDA officers to execute related documents. • Prime Therapeutics is an Eagan -based company that provides various support services to Blue Cross Blue Shield entities around the United States. The company has been growing strongly in recent years and expects to continue to do so in the years ahead. • To accommodate the growth, the company has been expanding facilities in Eagan, as well as in Bloomington and Mendota Heights. The company has been working with the Minnesota Department of Employment and Economic Development on a Minnesota Investment Fund allocation, which requires the City to act as a conduit between DEED and the company. • Prime has submitted a preliminary application to the City to serve in that capacity to facilitate a $250,000 forgivable loan, in exchange for which the company will create 100 new jobs in Eagan at a rate of $32.40/hour. • The application has been reviewed by the City Council Finance Committee, who found it to be consistent with the City's Business Assistance Policy. The Committee is recommending EDA approval of the application. • In order to formally consider the application for submittal to DEED, the local unit of government must hold a public hearing. At its meeting of October 20th, the EDA Board scheduled that hearing to be held on November 17, 2015 and notice to that effect has been published in the legal newspaper. EDANB-1 Prime Therapeutics Business Assistance Application for 2016 Expansion. EDANB-2 Prime Facilities Location Map EDANB-3 Resolution to Authorize Prime MIF Application Submittal There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 2, 2015 A meeting of the Eagan Economic Development Authority was held on Tuesday, November 2, 2015 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Commissioner Bakken was absent. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hohenstein. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Hansen moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:0 CONSENT AGENDA Commissioner Fields moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of October 20, 2015, 2. It was recommended to approve the First Amendment of the Repurchase Agreement dated April 24, 2015 for property in the Cedar Grove Redevelopment District between EDA and MHC Cedar Grove LLC. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date David M. Osberg, Executive Director CITY OF EAGAN PRE -APPLICATION BUSINESS ASSISTANCE FINANCING Legal name of applicant. Prime Therapeutics, LLC Address: 1305 Corporate Center Drive, Eagan, MN 55121 Telephone number: (612) 777-5476 Name of contact person: Brian Holmes / Sr. Director, Real Estate & Facilities REQUESTED INFORMATION Addendum shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; estimated market value following completion. 3. The existing Comprehensive Guide Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the, land use designation ad how the property will be zoned. 4. A statement identifying how the assistance will be used and why it is necessary to undertake the project. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created, hourly wages, and other community assets. 6. A written description of the developer's business, principals, history and past projects. I understand the Pre -Application is a tool through which the City will mare an initial determination as to whether public financing assistance might be considered for the project. If so, I would intend to prepare and submit a formal application for business financing assistance. SIGNATURE Applicant's Signature: Date: August 20, 2015 ATTACHMENTS Question No.1 ® Eagan West 1460 Buffet Way Eagan, MN 55121 ® Eagandale Corporate Center 1305 Corporate Center Drive Eagan, MN 55121 Question No. 2 The project will be to increase net new employment in Minnesota. Prime Therapeutics recently committed to expand into a Mendota Heights facility, which will result in a number of employees being shifted among Minnesota locations. The existing Eagan facilities ' do not currently have capacity for Prime Therapeutics's rapid growth, In order to facilitate Prime Therapeutie's statewide growth, the existing Eagan locations will require at least $500,000 in tenant improvements. In the next three years, 100 new full-time jobs will likely be created. Question No. 3 The property locations in Eagan are currently guided for Major Office and zoned for office uses through I.1 zoning and a Planned Development, Question No: 4 Prime Therapeutics seeks local support for facilitation of the Minnesota Investment Fund: The Minnesota Department of Employment and Economic Development has indicated a willingness to finance the project with $250,400 in Minnesota Investment Fund proceeds. This program requires local support to pass the funds through to the business. The proceeds will be used for tenant improvements to facilitate the growth of approximately 100 employees in the Eagan locations. Question No. 5 The community will benefit from the increase in net new employment to the State and the creation of new jobs in the community. The positions will include; software engineers, system analysts, security engineers, IT architects, field operations technicians, clinical pharmacists, claims specialists, pharmacy benefit database specialists, product operations specialists, pricing analysts, network analysts, and contract specialists. Average hourly wage rates will be approximately $27/hr. and $34.25Aw. The community will benefit from solidifying Prime Therapeutics as a major employer and industry -leader in the community and region. Question No. 6 Not applicable, as the primary purpose of the project will be job creation, with a relatively small amount of capital investment 1 improvements. RESOLUTION AUTHORIZING AND APPROVING MINNESOTA INVESTMENT FUND APPLICATION, GRANT AGREEMENT AND FORGIVEABLE LOAN IN CONNECTION WITH PRIME THERAPEUTICS LLC BE IT RESOLVED that the Eagan Economic Development Authority (`BDA") act as the legal sponsor for legal sponsor for a forgivable loan to the Minnesota Investment Fund for certain improvements to be undertaken by Prime Therapeutics LLC for its Eagan facilities (the "Project") and that the EDA is hereby authorized to apply to the Department of Employment and Economic Development for funding of the Project on behalf of the EDA. BE IT FURTHER RESOLVED that the EDA, on behalf of Prime Therapeutics LLC, has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance of the Project. BE IT FURTHER RESOLVED that the EDA has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the EDA has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the EDA may enter into an agreement with the State of Minnesota for the Project and that the EDA certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section (S-7) of the Business and Community Development Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the EDA has obtained credit reports and credit information from Prime Therapeutics LLC. Upon review by the EDA's legal counsel, no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that Mike Maguire, President, and David Osberg, Executive Director, or their successors in office, are hereby authorized to execute such agreements, resolutions and amendments thereto, as are necessary to implement the Project on behalf of the applicant. ADOPTED by the Eagan Economic Development Authority of the City of Eagan this 17th day of November 2015. Ayes: Nayes: EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire Its: President By: David Osberg Its: Executive Director CERTIFICATION I, Christina M. Scipioni, Cleric of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan Economic Development Authority of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of November 2015. Christina M. Scipioni, Clerk 2 744 I I - NN 'Ilk -SV ON TIM, tk 0