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
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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).
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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; --- ------------__._._,_
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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.
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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.
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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.
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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. - - - - - -- - -- - _ - --- - ---
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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
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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
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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
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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.
Such extension shall be requested in writing at least 30 days before expiration and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the variance.
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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
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Pu c Works epartment
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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
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