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02/19/2002 - City Council Regular.Revised Fridav 9:00 a.m. AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 19, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA r- t'~ s f`W~L/ _,/ _, s A. APPROVE MINUTES P, y B. PERSONNEL ITEMS ~~ / 5'C. RATIFY Check Register for February 7, 2002 and February 14, 2002. ~~` D. APPROVE Tobacco License Application. E. APPROVE Application for Exemption from Lawful Gambling License. F. APPROVE Submission of Metropolitan Regional Arts Council Grant. P r Q G. APPROVE Consumption and Display (Set-Up) Permit application for Parkview Golf Club. a G H. APPROVE contract and authorize funding source for remodel project -receptionist workstation ~~ I. APPROVE extension of the Preliminary Subdivision -Blue Ridge Fourth Addition - CSM Corporation. tl ~ yJ. RECEIVE Bids and Award Contract for Contract 02-01, (Beacon Hill, Brittany Additions, Johnny Cake Ridge Additions and Covington Lane -Street Overlay). ~~IC. RECEIVE Amended Feasibility Report and Schedule Public Hearing for Project 790R, Central parkway (Street & Utility Improvements). j~,L. APPROVE Street Sweeping Policy. rP1 ~M. APPROVE MnDOT Agreement for Railroad crossing gates and signals (Nicols Road & Union ~7 Pacific Railroad). 1 ~ ~N. APPROVE Plans and Authorize Ad Bids, Contract 02-04 (2002 City-Wide Trails). 360. APPROVE Plans and Authorize Ad Bids, Contract 02-11 (Dodd Road, Cliff Road to 120`s Street - Street & Utility Improvements). p3 P. APPROVE purchase agreement for 3816 Beau D Rue Drive. Q. APPROVE resolution removing parcels from TIF District No. 2-3. p~gR. APPROVE 2001 budget adjustments. p soS. APPROVE Premise Permit Renewals for Exemption from Lawful Gambling License for the Knights of Columbus at Starks Saloon and Coopers Restaurant. Sf T. APPROVE a $1000 contribution to the Minnesota Water Quality Partnership in support of the City of Shorewood's lobbying efforts for State legislation that restrict the use of phosphorus fertilizer. V. 6:30 -PUBLIC HEARINGS _~~~A. CONSIDER adoption of the Modification for Northeast Eagan Development District No. 2 (between Blue Gentian Road and Hwy 149 on either side of Hwy SS); establishment of Tax Increment Financing District No. 2-4 (a redevelopment tax increment fmancing district) within Northeast Eagan Development District No. 2; and adoption of the Tax Increment Financing Plan (the "Plan")therefore VI. OLD BUSINESS VII. NEW BUSINESS ~,~ V A. ORDINANCE AMENDMENT -Chapter S, Section S.S 1 of the Eagan City Code entitled Beer, G Wine and Liquor Licensing and Regulation regarding sports or convention facilities liquor license fee. ~I B. ORDINANCE AMENDMENT -Chapter 5, Section 5.52, of the Eagan City Code entitled Beer, Wine and Liquor Licensing and Regulation regarding the number of on-sale liquor licenses available to be issued in the Ciry. P,3 ~ C. PRELIMINARY SUBDIVISION - NORTHWOOD EQUITY, LLC. - A Preliminary Subdivision (Northwoods Business Park 3`d Addition) of 17.7 acres to create two commerciaUindustrial lots, located on Northwood Circle in the SE '/, of Section 10. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) XIII. EXECUTIVE SESSION This agenda is subject to change. The Ciry of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. t'r ?.t. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 15, 2002 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 19, 2002 CITY COUNCIL MEETING ADOPT AGENDA ABer approval is given to the February 19, 2002 City Council agenda, the following items are in order for consideration. _, Agenda Information Memo February 19, 2002 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the February 5, 2002 regular City Council meeting and the February 12, 2002 special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the February 5, 2002 regular City Council meeting are enclosed on pages .3 through ~. Minutes of the February 12, 2002 special City Council workshop are enclosed on pages through f~. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan; Minnesota February 5, 2002 A regular meeting of the Eagan Ciry Council was held on Tuesday, February 5, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Rtx~a and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were Cify Administrator Tom Hedg~,S;:Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Adliifiiis~t(rative SeAAcretary/Deputy Clerk Mira McGarvey. Ciry Administrator Hedges noted thaty,~i~} N under the Consent Agenda regarding a purchase agreement for 3816 Beau `d Rue Drive will be continued ti~~2:I'itture date. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGN)E;~ONS AND PRESENTATIONS SWEAR IN OF;'~~,ICE OFFICER • Police Chief Therkelsen introduced OffLGC; ;Tit?~,Iy~cLarthy and presented background inforn~ation. Deputy Clerk McGarvey administered the Oath of Of1~.e;t4:£~~:~t;~~::_ , 2001 YEAR IN REVIEW VIDEO The 2001 Year in Review segment of the January Community Journal program was shown. CONSENT AGENIJ¢~;: A. Minutes. It was recommended to approve t~s.~jt(i~tBS:E?~;Y~'se;~~iiuary 22, 2002 regular City Council meeting, the January 17, 2002 special City Council wd~~3•fl~:~aiic'{'tbe Jantt¢I•y 15, 2002 special City Council meeting as presented. ' • B. Personnel Items. None C. Check Re isg ters. It was recommended to ratify the•~~it~c;FQg3;dated January 31, 2002 and January 24, 2002. D. 2002 Meeting_Procedures, It was recommended to approve the 20i~ Agenda Form and Meeting Procedures. E. Deleeating_Authority to Pay Claims. It was recommended to approve a resolution delegating autl~oriry to pay claims to an administrative official and approve related internal accounting and administrative control procedures related to claims payment. F. D.A.R.E. and Police Services Agreement. It was recommended to approve the annual D.A.R.E. and Police Liaison Services Agreement for the 2001 ;1.4Q2:8~f0A1 year.~lit3t•3"~U 196. pp •~al:~~~gi>~~~sidition) consisting of one lot for property G. Final Plat. It was recommended to a ro,':c:~~~~~f~~l!' ~' located north of Diffley Road between Is Road '•'~• :~Ilghway 77 in the SW '/, of Section 19. H. Pro-ject 858. It was recommended to receive the Draf~'easibility Report for Project 858 (Sibley Terminal • Industrial Park -Storm Sewer hnprove~d~fl~ts) and sle a public hearing to be held on March 4, 2002. ..~ "I. Contract 02-02. It was recommended tcjc;~YprcmQ~tt~~~'a~s;~~specifications for Contract 02-02 (Cedar Cliff / Mari Acres /River Hills 9~' /Post / RustfC:l~s~:'t~~Ct:i~.:~tlQ~ -Street Improvements) and authorizes the advertisement for a bid opening to be held at 10:30 a.m. on 'f~tursday, February 28, 2002. J. Contract 02-03. It was recommended to approve the plans and specifications for Contract 02-03 (Ches Mar / Ches Mar East / Pak Chase 6`s / Parkcliff and Woodgate Additions -Street Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, February 28, 2002. K. Contract OI-08. It was recommended to ap ~patg; :~}r{ler #I to Contract O1-OS (WeII #20) and authorize the Mayor and Clerk to execute all relater}~QR~fiefitS~' ~ • • '~ L. Project 813. It was recommended to au~e the preparariBlyt~e feasibility report for Project 813 (Central Parkway - Streetscaping Improvements'j'•6y'the City's consultii~}~;tingineering firm of SRF Consulting Group, Inc. M. Contract 02-06. It was recommended.~i;S~ceive the bidg for Cact 02-06 (Well House #20/Pavilion - Building Construction and Water Mair>;~~?~jioi3£s~};:contract to Ebert Construction; for $455,610 02-08 02-9 ~ -- Eagan City Council Meeting Minutes February 5, 2002 Page 2 (Base Bid of $454,400, Bid Alternate 2 of $1,210) and authorize the Mayor and City Clerk to execute all related documents. N. CONTINUED Purchase A¢reement. Pwchase, agreement for 3816 Beau D Rue Drive. O. Community Center Bandshell. It was recorr~d~ded to approve award of contracts for the construction of the Community Center Bandshell. P. JP-47 Water Oualitv Project. It was recorrun>~ed,to.ei~t~uzG.~gli~jfor bids to remove and dispose of alum sludge in City Pond TP-47. • Q. Dakota Countv Sentence to Service Pro rg am;•; If 'vG~s'rec$iitnie>iG'ecltff'~approve the renewal of a one year contract with Dakota County for the provtstQ~i;~}f Sentence to Service work crews and authorize the Mayor and City Clerk to sign the appropriate documents;:;;; • R. Moonshine Park. It was recommended to approve plans and specifications and authorize bids for Moonshine Park. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 BLIC Ii~i0j~2INGS VARIANCE•APPEAL ~=•\iERALD R. BULL City Administrator Hedges introduced~t7i~'i~ei~i~~std$i~~asi:~real of a November 8, 2001 City Council action by Gerald Bull, 4557 Majestic Oaks Place. The action was to deny a 3.8% lot coverage variance on residential property located at 4557 Majestic Oaks Place. Senior Planner. Ridley gave a staff report. Councilnembers Bakken and Carlson stated they had not changed their opinion regarding the variance. Councilmember Tilley questioned two other variances that Council ~~ved previously. She stated she did not object to the variance. Councilmember Fields stated she ha¢,~pt:c~d her original opinion to deny the variance request. Councilmember Tilley moved to heer'il'ie ,appeal of Gejegl~ Bull for a variance on residential propem located at 4557 Majestic Oaks Place that was dEf~t~;~tvet;~i~r 8; 2001. There was no second to the motion Councilmember Bakken moved, Councilnember•C`atfi;;s~Qnded a motion to deny the request for appeal by Gerald Bull based on past findings. Aye: 4 Nay: 1 Coii4cilmember Tilley opposed. Councilmember Tilley left the meeting due to a previous commitment related to her employment. PROJECT 751R, DODI~•RC9~rk3~;r CLIF)F,~,D„4tD TO BUTWIN ROAD STREET•~;}~#~t~#~;#T,l!~~f~t EMENTS City Administrator Hedges introduce~•this item'~'~'-'arding street and utility improvements for Dodd Road - Cliff Road to Butwin Road. Mark Hanson„~'iiAestroo R,dS~tie Anderlik and Associates gave a staff report. • Mayor Awada opened the public Iiq~fitSg; ~;~ •.• Three residents spoke. Their comments and concerns were in regard to street width, easements, and trails. There being no further public comment, Mayor Awada closed the public hearing and fumed discussion back to the Council. •.•1. Councilmember Fields moved, Co~q}~,1•iiember Ba1ckL~~~onded a motion to approve the amended Project 751R (Dodd Road, Cliff Road to Buttv2ii Road -Street, L1tj~it~ and Trail Improvements) and authorize the preparation of detailed plans and specifica~ipr~s. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes February 5, 2002 Page 3 • • PROJECT 857, SKYLINE ROAD TRAIL IlVIPROVEMENTS City Administrator Hedges introduced this item regarding trail improvements on Skyline Road. Ciry Engineer Russ Matthys gave a staff report. Mayor Awada opened the public hearing„ - :v •. Scott Thurston, representing residents i`tS"'~:4fea;:f~>Over 32 signatures had been obtained indicating willingness to pay a proportionate s.of the assessable cost of the trail installation. After discussion among Councihnembers, staff and residents, it jvl~ agreed that the City would authorize the preparation of plans and specifications and get bids for the project after'wliich the residents would collect the funds for the assessable cost of the project. At that time, Council would approve the project and waive assessments. Staff estimated a cost for the project could be determined in April. There being no further public commep2t.Mayor Awada closed the public hearing . Councihnember Carlson moved, Cou~i~tnembe>r~p~lds seconded a motion to approve Project 857 (Skyline Road -Trail Improvements) and autlidtj~e the pttation of detailed plans and specifications. Aye: 4 Nay: 0 • • • • ... . ~ OLD•BiJS)tNESS~••~'~"' RECEIVE FINAL REPORT -GOLF COURSE EXPLORATORY COMMITTE} City Administrator Hedges provided background information regarding the Golf Course Exploratory Committee. He introduced Steve Cox, Chair of the Golf Cour~g;)~~}~i~atory Committee who presented the final report of the Committee. Councilmember Carlson moved, CgkiliCifinember Fie1~- conded a motion to receive the final report of the Golf Course Exploratory Committee, concur tk~~p$b~~ course is=:not feasible on the subject site, the Golf Course Exploraton Committee be dis-banned, and a complet;o:~ ~;4QUlplied including all related reports, meeting minutes, con espondence, etc. Aye: 4 Nay: 0 Councihnember Carlson moved, Councihnember B~: seconded a motion to remove the moratorium immediately. Aye: 4 Nay: 0 Mayor Awada thanked the Golf Course Exploratory Committee for their work on this project. Councihnember Carlson thanked the property oryyterc.for their patience throughout the study. MODIFICATION OF CONDITI~tj''O~•~'$~11dAlt'l' SUBDIVISION (SUMMIT HII,L) ' ~,TA DII~OPMENT .;.. - City Administrator Hedges introdt~y~ this itet~{:,arding consideration of the removal of two conditions ~~'of the Preliminary Subdivision approval foir.;i3i~1,~?tt~18i~C~?e7oient located south of Diffley Road and east of Johnny Cake Ridge Road. The two conditioiiSYeques'ft!3'fo~#3~2~i~o~dd are as follows: • The developer shall provide a street stub to Outlot B, Mallard Park 4`~ Addition for future connection with development of that property. • The 22 foot wide portions of the private ~.ei~}ia~l.be signed "no parking" Senior Planner Ridley gave a staff repo;;:~~irYecomme7ti;~ipJ the City reserve the right to post "no parking"• signs should parking on the street become b:~gip'blem. Public Wof~G$~irector Colbert addressed the need for a street stub to Outlot B to limit the number of dir¢ct accesses onto Johnn}~,~'9ke Ridge Road and idenrify other possible options. _. • , _ . • __. ~__ Eagan City Council Meeting Minutes February 5, 2002 Page 4 Mark Parranto, applicant, discussed the potential of the roadway being fumed into a one way street ending in a cu]-de-sac or constructing a shared entrance centered on the property line: He stated he has concerns regarding the image of the neighborhood. • Mayor Awada moved, Councihnember'$a'kken seconded a motion to remove the condition requiring "no parking" signs, but reserve the right to install th~.;yj~.~ans~d_tha:p~ed~e. Aye: 4 Nay; 0 After discussion with the Council and ~~;~1'V~r~~Pariaiito•Wil~'i$i-ew the request for consideration of removing the condition requiring a street stub t¢;~t north. ..NEW BUSINESS ORDINANCE AMENDMENT SECTION 2.50 (ADVISORY COMIVIISSION AND COMMITTEES GENERALLY) City Administrator Hedges discussed;$ item re~rc~ing an ordinance amendment that pertains to the definition of a resident as it applies to commiss~,Ac4s and cs>~gittees. Councilmember Bakken mop ; . CouttCiJpzeulb~F ~ie7ds seconded a motion to approve an ordinance amendment to section 2.50 of the Cit) L ode r ~y~i~~~~c;isq~ ~p~cl£~tons and committees generally. Aye: 4 Nay: 0 ~• :.............. .......... REQUEST FOR REVIEW OF SECTION 6.37 OF THE CITY CODE REGARDI' . G WASTE HAULING AND LICENSING City Administrator Hedges introduced this item Commission for review of Section 6.37 of the Ciry Code by the Waste Reducn~n Advisory sie of waste haulers. Councilmembers and staff discusses not actually picking up waste in residential a: licenses to be issued versus having an unlimi C~~uncihnember Carlson moved, Councilmember F Ordinance, Section 6.37, by the Waste Reduction Advisory revisions. Aye: 4 Nay: 0 ;Ome residential waste hauler license holders are ;:also held regarding limiting the number of hauler ed haulers. d a motion to allow review of City for development of recommendation of AMEND COMPREHENSIVE GUIDE PLAN - SE EAGAN STUDY AREA City Administrator Hedges introdu~t}~s~itesj~~e~btf:y~:y~aft land use plan for the Southeast Eagan Study Area located in Section 36. Senior F~i~fier Ridls~v+~ a staff report. ' 4;: Mayor Awada opened the floor folic comjfi~t regarding the west side of T.H. 3. ' ~'r Ton Gleekel, attorne re resentut"~~ . • ....' ~ ... , t' . • .. ~•~•~ ~~ ~knowled ed that his client's existin use of Y Y P g-~Ifs"L~~S~~'f~5~.., g g the property is non-conforming and expressed support for the t~avisory Planning Commission recommendation that the southern portion of the site currently zoned GB be rezoned and re-guided to Industrial and the northern portion of the property currently zoned R1 remain R1. Five residents in the area expressed the,~,.ca¢t~fi~;~c~.a change in the zoning of the property. ... :•.;. Councilmembers Bakken, Carlsoa;~}tJ:~elds and M~ygi~~tsvada agreed that the property on the west side of T.H. 3 remain as it is currently guided, Lf)'~ ~' ~,_, lvlayor Awada moved, Councihndi}~er Carlson seconded;$~~iotion to lift the moratorium on the west side of Highway 3. Aye: 4 Nay: 0 6 Eagan City Council Meeting Minutes February 5, 2002 Page 5 ~ ' Mayor Awada opened the floor for public comment regarding the east side of T.H. 3. Four property owners spoke, expressit~.their desire to have the property guided Retail Commercial. One property owner expressed his desire to have his;~tj~ierty remain guided Industrial. One property owner spoke stating she•~efe~i&;t~.~t;[Qp41;~:.b~;zj~ed light industrial rather than retail commercial. •: ........ ............ ...~~f After discussion, Mayor Awada and G';o'ikgcilmembers Carlson, Bakken and Fields agreed to support the Advisory Commission recommendation to gui~;f~e property Retail Commercial (RC). Mayor Awada moved, Councihnember Carlson seconded a motion to change zoning of land east of Hwy. 3 to retail commercial and direct staff to submit the proposed Comprehensive Guide Plan change to the Metropolitan Council. Aye: 4 Nay: 0 Mayor Awada moved, Councilmemt~: $akken itnded a motion to lift the moratorium on the east side of Highway 3. Aye: 4 Nay: 0 COMPREHEI~S2VE GU}~L'•' PLAN AMENDMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish an RC, Retail Commercial, land use guide plan designation upon approximately 7.7 acres of land located at 1560 Yankee Doodle Road, south of Yankee Doodle Road and east of Coachman Road, to be submitted to the Metropolitan Council for review and approval. Senior Planner Ridley gave a staff report. He stated that the Advisor . Planning Commission recotlunended denial of the propose~,atttendment due to lake of development possibilities for the property. Josh Popehn, architect, representingi~jik~I::TC~iii;'•cl~isci~ed the requested change in land use. He stated the applicant intends to develop the ..orthetTrpdttion•of the progelty, and acknowledged that additional survey and engineering work. will be necessary to detenruiieiy3i,Lt2j>~?-th~southetn portion of the site is developable. Councihxtembers and staff discussed the necessity easement. Mr. Popehn, in light of his applicant's lack of a development plan and the Council's condition of a conservation easement, withdrew the application for a Comprehensive Guide Plan amendment. CONDITIONAL USE PERNIIT -ANCHOR BANK City Administrator Hedges introdu¢~d:tlid;~it~gi,•r •''~;_~onditional use permit to allow a bank with a drive-thrqugh to be located at 1360 Duckwpt~;~rive. 'i~tiSt er Ridley gave a staff report. • ~{';:•r Councihnember Carlson moved, 4•'t,~,b~,', cilmem~s~~ields seconded a motion to approve a Conditional Ilse -.Permit to allow a bank with adrive-throu I.cK.},• • • • ~ Frank's Nursery and Crafts Addition, located at 1360 gl~~• ~ ;ls. ~'Duckwood Drive in the NW '/. of Section 1:~,.~C~fti}~,Oalk?R~~i7#ions. Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. All other Conditional Use Permits previously issued for this property shall be terminated, with the exception of the permit for the pylop,rig~:•:;::;:;:;:;.•: 3. Landscaping shall be planted soud~o~~fi~ to screen motor vehicle headlights from adjacent residential uses. •:~:~:~~~ ~' ~ • ~ •• "'~ ~ ~~~ ~ :•. ' 4. The teller address system shalF~ie audible from tfi~;~jljacent residential properties. 5. Canopy light fixtwes shall be~ecessed as to not create are that is visible from adjacent residential properties. 6. All rooftop equipment shall b>~,;~ictbb~•'d•~v1~h:fI,>•itt~}~s'ccixnpatible with the principal structure. 7. All new wall signage and pylon:e~li~s'.'~i~~ a permit prior to installarion. Eagan City Council Meeting Minutes February 5, 2002 Page 6 ' 8. The anchor shall be relocated to meet the required minimum 10 foot setback. 9. The access closest to the northeast comer of the building shall remain open to ensure property traffic circulation and queuing for access to,~ckwood Drive. CONDITONAL USE PL~i'IIT - QWEST WIRELESS SERVICES Y-.. City Admuustrator Hedges introduced ~1s;?'.•. • • • •e.l:dpc,Ir'bonal use permit to allow construction of a ] 00 foot monopole telecommunications tower on ~ifiypettyl$catt~~~'t~$>~ Sibley Memorial Highway. Senior Planner Ridley gave a staff report. Mayor Awada moved, Councilmember•Fields seconded a motion to approve a conditional use permit to allow construction of a 100 foot monopole telecommunications tower on property located at 3665 Sibley Memorial Highway in the SW '/. of Section 17, subject to the following conditions: Aye: 4 Nay: 0 This Conditional Use Permit shall 1~~ilecorded at Dakota County within 60 days of approval by the City Council. The applicant shall provide the Cit~.:~;ocument~ign from a registered structural engineer confirming the structural integrity of the proposed ft>,onopole.;' documentation shall be submitted with the building permit application. • • The existing satellite dishes in the ~~~~;~i~t;i,Ke;fESt?oa+:ed:prior to construction of the tower. The tower and acc4essory equipm~lii•~ildiiig:$~Cli'~bYb~s}y;;~th the general standards outlined in Ciry Code Section 11.10, Subdivision 31, F. The equipment cabinet shall conform to the dimensional standards in the City ordinance (not exceeding 10 feet wide by 10 feet long by 5 feet high) and shall'be painted to match the existing building. The monopole tower shall be light blue or gray in color. For security purposes, the climbing pegs shall be removed fw the fast 12 to 14 feet at the base of the tower. A trash enclosure shall be in the City Code. RENANIING OP''~i•Ei~3:la~:31UE DRIVE City Administrator Hedges asked the Council for clarificaticlii:'i~garding the renaming of Beau D' Rue Drive in regard to notification of property owners. Councihnember Carlson stated the intent of the notice was to let the property owners know in advance that the name will change, not for further discussion of what the new name will be. Mayor Awada moved, Councihnember.£i~LLlyo4,a motion to.duect staff to send out notices to property owners on Beau D'Rue that the street name wt'~1,~,:c~ia~gd:g£f'~i;~;~i'}~i'.~;~; 2002. • SCHEDUL~•'lSATE FO~t~OUNCIL RETREAT -~ Councihnember Carlson moved, CQi#ticil~t4?pli~.~•,telds seconded a motion to schedule a Council retreat -'for Monday, February 11, 2002 at 4:30 p.m't: r A;_y~; ~f~:;~~: ADJOURNMENT The meeting adjourned at 10:50 p.m. into a meeting of the Economic Development Commission. . ~• ~• Date '~~ Deputy City Clerk S Eagan City Council Meeting Minutes February 5, 2002 Page 7 ' VISITORS TO BE HEARD David Brunae, representing the committee;to save Patrick Eagan Park discussed making the park a resource for generations to come. Elaine Ayre expressed her opinion reg~Hlip~,~~~,nt 11iFcusSjp~s with Mary Jo Copeland regarding her proposed orphanage and the need for affordable;,~gti5:; ;; ..... ............ ... ~•f Margo Danner thanked the City CounCj~:~r their decision regarding the proposed golf course. She also expressed appreciation to all the groups involv~:;ilj the golf course study and the affected property owners. /fyou need these minutes in an alternative foref~:Sfich as laj~jQ~rint, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road. Eagan, MN~.$:~22, (651~,j:~t~1-4600, (TDD phone: (651) 454-8535). The Ciry of Eagan is committed to the policy tkdC~~;#to?$,t;~rk;>~s~';;r~i~t~;toc'cess to its programs, services, activities, facilities and employment without regard to race;~'Cotoi:~:i~i~+ecl::~t~P~~giJttt;rjntional origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. :~: ::::• .. • : ~.::~ • .t. ~ :. •~•.S ti f:• . r.• 9 - MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY FEBRUARY 12, 2002 MUNICPAL CENTER LUNCHROOM 5:00 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley, City Administrator Hedges, Director of Administrative Services VanOverbeke, Parks and Recreation Director Vraa, Superintendent of Recreation Asfahl, Public Works Director Colbert, City Engineer Matthys, Assistant City Administrator Verbrugge, City Attorney Dougherty, Senior Planner Ridley, Police Chief Therkelsen, Police Captain McDonald, and Intern to the City Administrator Lord. I. ROLL CALL AND AGENDA ADOPTION Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the agenda, including an amendment to move Other Business to the beginning of the agenda. Aye: 4 Nay: 0 (Councilmember Fields was not present) Mayor Awada also noted that staff from Burnsville/Eagan Television was not present to videotape the work session for cable broadcasting. City Administrator Hedges stated that the cable staff had been noticed about the meeting, and he had not received notice from Burnsville/Eagan Television to inform him of the absence of the cable staff person. II. OTHER BUSINESS The City Council reviewed reports submitted by the Parks and Recreation and Police departments pertaining to the decision made at the January 30, 2002 City Council meeting to discontinue CDBG funding to Wescott Square as of July 1, 2002. The Council discussed the current programming at Wescott and the anticipated effects of the discontinued funding. Councilmember Bakken noted that RFPs for the redevelopment of Wescott Square are due to the City on February 15. Councilmember Bakken will review the RFPs that are submitted, and the Council will consider directing a redevelopment agreement for Wescott Square at the February 19, 2002 City Council meeting. The Council agreed to continue providing City service at Wescott Square through June 30, 2002. If the City is unable to renegotiate a 4-month lease at Wescott Square, all services will end at the time the City's existing lease expires. III. MINNESOTA ZOO NEW MASTER PLAN/PRESENATION BY LEE EHMKE, DIRECTOR/CEO Lee Ehmke, Director/CEO of the Minnesota Zoo gave a presentation on the new master plan for the zoo, which included long-term plans through 2007. The Council discussed the new plans with Mr. Ehmke and expressed their excitement over the proposed changes and additions. /o Special City Council Minutes February 12, 2002 Page 2 IV. DISCUSS NEXT STEP FOR PUD ZONING STUDY The City Council discussed a letter presented by City Attorney Dougherty in regard to rezoning some PUD properties within the City to R-1 zoning. Councilmember Bakken informed the Council that the rezoning of the PUD properties was only being looked at in the Stonebridge neighborhood as a pilot project, ad the City is nt recommending rezoning all PUD properties at this time. The Council directed that the APC consider the rezoning of the PUD properties in the Stonebridge neighborhood at the March APC meeting. City Attorney Dougherty noted that the City has created a legal hardship on the PUD properties and, therefore, the Council recommended that a resolution should be prepared with the findings of facts stating so. Council directed the Planning staff to prepare a letter of notification to affected property owners explaining the impacts of the proposed rezoning and the reasoning for the Council's desire to rezone the properties. Councilmember Bakken will review the notification letter prior to it being mailed to the property owners. V. PEDESTRIAN CROSSWALK STUDY City Engineer Matthys presented a study that was conducted regarding flashing warning lights at pedestrian crosswalks. The study found that the flashing lights do not produce safer conditions for pedestrians. Due to the high cost and lack of effectiveness, the flashing warning lights are not recommended by staff. City Councilmember Tilley requested that a letter be sent to Mr. Putterbaugh, an Eagan resident that approached the Council regarding the pedestrian crosswalks in his neighborhood, to inform him of the study and its findings. VI. STREETSCAPE/GATEWAYS The streetscape/gateway agenda item was continued until the Council's streetscape/gateway subcommittee has an opportunity to meet and provide additional direction to staff. VII. PHOSPHORUS FERTILIZER-CONTRIBUTION TO CITY OF SHOREWOOD'S LOBBYING EFFORTD City Administrator Hedges summarized a memo that was distributed to the Council regarding the role of the League and the City of Shorewood in lobbying for phosphorus fertilizer restrictions. The Council discussed whether the City should contribute to the City of Shorewood's lobbying efforts and noted the large number of Eagan wetlands and bodies of water that are currently being negatively affected by phosphorus. // Special City Council Minutes February 12, 2002 Page 3 Official action was taken to contribute $1000 to the City of Shorewood's efforts in lobbying for State Legislation to restrict the use of phosphorus in lawn fertilizer. Since the action was taken at a work session, final ratification of the expenditure to the City of Shorewood will be placed on the February 19 City Council consent agenda. VIII. DISCUSS "CODE ENFORCEMENT OFFICER" RE: PROPERTY MAINTEANCE VIOLATIONS Councilmembers Bakken briefed the Council on his suggestion to implement a "repeat violator" program for property owners that consistently violate the City's property maintenance codes. The suggested program would be similar to the repeat caller ordinance underway in the Police department. The Council agreed that primary code enforcement duties should be kept within the Community Development department and should not be a primary focus of the police department. City Attorney Dougherty advised the Council that the City does not have the authority to recover costs of all types of code violations. The Council emphasized their intention to take apro-active, preventative approach to code enforcement, and agreed that they do not want to continue on solely a complaint-based code enforcement system. Senior Planner Ridley, at the recommendation of the Council, will formulate a suggested approach to taking a more pro-active approach to code enforcement. Senior Planner Ridley also stated that the City's CUPS will be reviewed and routine inspections of businesses will begin once the new code enforcement staff person begins this Spring. The Council directed staff to include a page on the City's website to educate the public on how to register a property maintenance compliant with the City. The Council also directed staff to include the new focus on code enforcement as an upcoming newsletter topic. Lastly, the Council requested that the Community Development department distribute monthly code enforcement activity reports to the Council. IX. SUBCOMMITTEE MEETINGS The City Council, after completing their work program for the evening, broke off into their two-person Council subcommittees. The subcommittees that met were: the _ Entrance Monuments/Streetscaping team, the Community Center Operations team, the Soccer Field Study team, and Community Center Design team. /~ Special City Council Minutes February 12, 2002 Page 4 X. OTHER BUSINESS Following the subcommittee meetings, the Council discussed the 4th of July festivities, and in particular, the location of the festivities. Mayor Awada moved, Councihember Fields seconded, a motion to hold the 4th of July festivities on Central Parkway, at the new Community Center/Central Park site. Aye: 3 Nay: 1 (Councilmember Tilley was not present) Councilmember Carlson voted in dissent due to her disagreeing with the way in which the vote took place, noting that Councilmember Tilley was not present and it is the practice of the Council not to take formal action at workshops. X. ADJOURNMENT _~ The meeting adjourned at 9:50 PM. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (TDD phone: 651-454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to pubiic assistance. /3 Agenda Information Memo February 19, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Police Officer-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Police Officer Karlen Long. Item 2. Compensation Range/Seasonal Engineering Aide/Intern-- ACTION TO BE CONSIDERED: To approve a compensation rate increase of 3.5% for seasonal engineering aide/intern effective January 1, 2002. FACTS: At the December 18, 2001 City Council meeting, a compensation rate increase of 3.5% for non-collective bargaining employees was approved. A 3.5% increase has been recommended for the position of Engineering Aide/Intern effective January 1, 2002. This increase is budgeted in the 2002 Engineering budget. /f Agenda Information Memo February 19, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 2-8, 2002 and February 9-15, 2002 as presented. ATTACHMENTS: • Check registers dated February 2-8, 2002 and February 9-15, 2002 are enclosed without page number. -~ /S~ Agenda Memo February 19, 2002 CONSENT AGENDA D. TOBACCO LICENSE APPLICATION ACTION TO BE CONSIDERED: Approve a Tobacco license for Oriental Foods, 3904 Beau D'Rue Drive. FACTS: • The application has been reviewed by staff and deemed in order. /6 Agenda Memo February 19, 2002 CONSENT AGENDA E. APPROVE APPLICATON FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE ACTION TO BE CONSIDERED: Approve an Exemption from Lawful Gambling License for the National Wild Turkey Federation for a raffle to be held at 2280 Cliff Road on March 14, 2002. FACTS: • The application has been reviewed by staff and deemed in order. ATTACHMENTS: A copy of the application is attached without page number. ..-a /~ Agenda Information Memo February 19, 2002 Eagan City Council Meeting F. APPROVE SUBMISSION OF THE METROPOLITAN REGIONAL ARTS COUNCIL GRANT (MRAC) ~ FOR CAPONI ART CAMP. ACTION TO BE CONSIDERED: Approve submission of the Metropolitan Regional Arts Council Grant for Caponi Art Camp. FACTS: • The Caponi Art Camp is a day camp (2-3 hrs day) opportunity to work in-depth with artist-teachers in various art mediums. Instruction is provided in music, movement, theater and visual arts each day culminating in a performance for family and friends at weeks end. • The approval process is somewhat out of order. The MRAC Grant funding opportunity was brought to staffs attention late last week and proposals were due Monday, February 11 by 5:00 p.m. • The Caponi Art Camp has been offered in the community since 1999. $3,000 of funding support has also been acquired from MRAC since 1999. • This yeaz the grant maximum was increased to $4,000. • In previous years the camp had been offered to Youth Development program participants exclusively. This year, three camps will be open to the entire community. Special marketing, scholarship support and transportation are being incorporated to target high-density, low-income families as well. • The participation fee has been minimised for all participants. • The anticipated total budget for three camps is $17,850. The City of Eagan's in-kind contribution of $9,950 covers staff hours, snacks, printing and postage for promotional materials and tents. All of which are built into existing resources and programs. The remaining $7,900 covers artist-teachers, facility rental, art materials, translator fees and bus transportation. • Our grant request is for $4,000. ATTACHMENTS (None) /8 Agenda Information Memo February 19, 2002 G. APPROVE CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR PARKVIEW GOLF CLUB ACTION TO BE CONSIDERED: To approve a Consumption and Display (Set Up) Permit application for Parkview Golf Club located at 1310 Cliff Road. FACTS: • Parkview Golf Associates, LLC, located at 1310 Cliff Road, currently holds an on- sale beer license. They have requested the City Council approve a Consumption and Display (Set Up) Permit for the purposes of allowing the consumption of intoxicating liquor on their premises. • The permit will allow the permit holder to sell ice, pop or mix for making drinks, but will not allow the permit holder to sell intoxicating liquor. The request is consistent with Eagan City Code, Chapter 5, Section 5.81, entitled Consumption and Display. • The Minnesota Alcohol and Gambling Division will issue the permit to the establishment following approval by the City Council and an inspection by an agent of the Minnesota Alcohol and Gambling Division. • The applicant has been investigated by the Police Department in conjunction with their on-sale beer license and does not find any reason to deny the permit application. ATTACHMENTS: • Application enclosed without page number. /9 Agenda Information Memo February 19, 2002 H. APPROVE CONTRACT AND AUTHORIZE FUNDING SOURCE FOR REMODEL PROJECT -RECEPTIONIST WORKSTATION ACTION TO BE CONSIDERED: To approve a contract with Siewert Cabinet & Fixture Manufacturing, Inc. and Sieco Construction, Inc. for the remodeling of the receptionist workstation and to authorize a funding source for the project. FACTS: • When the remodeling of City Hall was undertaken in 1994/1995, the receptionist workstation was designed to serve primarily as an information center, whereby the public could obtain answers to general questions and subsequently be referred to individual departments for more specific requests. Since that time, the receptionists have become much more involved in the daily operations of City Hall. Some of the duties currently being performed at the front desk include opening and sorting mail, receipting utility bills, ordering supplies, data entry of assessment information, absentee voting, voter registration, assembling job applications, and assistance with large mailings. • The purpose of the remodeling project is twofold. The first priority is to improve the working conditions for the receptionists. Currently, there is insufficient space to adequately house a computer and keyboard, which is necessary given the additional duties they have assumed. The existing counter space is limited in that it accommodates a large switchboard console, a telephone device for the hearing impaired and other miscellaneous items necessary to assist them in their duties. • The second priority of the project is to be able to utilize the receptionists for a variety of new tasks that currently are not possible because of the limited space, i.e. document imaging of City records requiring a flatbed scanner, and miscellaneous projects as assigned by the City Clerk, Deputy City Clerk and other departments. An added benefit of the project is that the workstation will become more ADA accessible. • Staff has worked with Siewert Cabinets and Sieco Construction, companies used on prior City projects, to develop a design that will incorporate the use of existing materials to the greatest extent possible. The workstation will be spliced at the mid section and elongated to obtain the additional workspace. The overhead soffit will be redesigned to match the azchitectural design of the workstation. In addition, any materials used in the original remodeling project will be used wherever possible. Where feasible, City staff will complete portions of the work associated with the remodeling. • The estimate submitted by Siewert Cabinets for the remodel work is $9,608.26. Sieco Construction, the company primazily responsible for demolition of the ~o existing workstation and related modifications, submitted an estimate of $10,553.40. The total project cost will be approximately $23,000. This figure includes the temporary rerouting of the telephone lines during the construction phase and the addition of a sprinkler head, the and lighting. • A start date of April or May would avoid any conflict with the upcoming election season. Completion is expected to take two weeks. During that time, the receptionists will be temporarily relocated to another area of City Hall. • Staff is suggesting that the project be paid for from the City's General Renewal and Replacement Account as a modification to an existing structure. ATTACHMENTS: • None. ai Agenda Information Memo February 19, 2002, Eagan City Council Meeting I. APPROVE an extension of the Preliminary Subdivision -Blue Ridge Fourth Addition -CSM Corporation. ACTION TO BE CONSIDERED: To approve a 90-day Extension of Preliminary Subdivision approval for Blue Ridge Fourth Addition located at 2945 Lone Oak Drive in the SW '/, of Section 1. FACTS: • On April 17, 2001, the City Council approved a Planned Development Amendment and Preliminary Subdivision for Blue Ridge Fourth Addition to subdivide a 20.7 acre parcel into two lots with conditions. • Action on a Final Subdivision application must take place within one year following the approval of the Preliminary Subdivision or the Preliminary Subdivision approval expires, unless the City Council grants an extension. • CSM Corporation is requesting the extension "to obtain the project lender's approval of the subdivision, Development Contract, and proposed declaration creating cross-access and utility easements between the two lots, and to further evaluate existing market conditions." • A 54,000 sq. ft. office/showroom/warehouse building is proposed for Lot 1 of this development. An existing 77,000 sq. ft. office/warehouse building is located on the proposed Lot 2. • The subject property was originally platted as Lot 2, Block 2, Blue Ridge Second Addition in 1989. ATTACHMENTS (1): Letter from CSM dated February 11, 2002, requesting extension, page ~~ --~ -~_~ ---~ --~ CSM Corporation ?575 University Ave. W., #150 • St. Paul, MN 55114-1023 (651) 646-1717 Fax (651) 6~6-2404 February 11, 2002 Mayor and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Blue Ridge Fourth Addition, Eagan, MN Final Subdivision Approval Ladies and Gentlemen: CSM Properties, Inc., Developer of the noted project, hereby respectfully requests a 90-day extension of City Council final approval of the noted subdivision and amendment to planned development agreement from April 17, 2002 to July 16, 2002, in order to obtain the project lender's approval of the subdivision, Development Contract, proposed Declaration creating cross- access and utility easements between the subdivided lots, and to further evaluate existing market conditions. Feel free to contact the undersigned in the event you have questions or require additional information to grant the foregoing request. Thank you for your cooperation. and assistance. Sincerely, CSM PROPERTIES, INC. 1~ David Garland Vice-President ::v.^!P.~3RFW.3E~~~M UOM1.~S`". PO1.Aoauisiti_•n/Dev?lopm?nt_~ib:1147.1 ~~ nvN'wed b,, J .. date <.~; /~ Agenda Information Memo February 19, 2002 Eagan City Council Meeting J. CONTRACT 02-01, BEACON HILL/ BRITTANY/ JOHNNY CAKE RIDGE ADDITIONS/COVINGTON LANE STREET OVERLAY ACTION TO BE CONSIDERED: To receive the bids for Contract 02-01 (Beacon Hill/ Brittany/ Johnny Cake Ridge Additions/ Covington Lane -Street Overlay), award the contract to Northwest Asphalt, Inc., for the base bid in the amount of $485,543, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous overlay of the streets in the Beacon Hill/ Brittany! Johnny Cake Ridge Additions/ Covington Lane neighborhood are programmed for 2002 in the City's 5-Year Capital Improvement Program (2002-2006). • On November 20, 2001, the City Council authorized the street improvements for Beacon HiIU Brittany/ Johnny Cake Ridge Additions/ Covington Lane (Project 795) under one contract (Contract 02-01). • On January 22, 2002, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 02-01. • At 10:30 a.m. on February 14, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Northwest Asphalt, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page a~ BID SUMMARY Beacon HiIU Brittany/ Johnny Cake Ridge & Covington Lane Street Improvements City Project No. 795 City Contract No. 02-01 Bid Date: Thursday, February 14, 2001 Bid Time: 10:30 a.m. Contractors 1.) Northwest Asphalt, Inc. 2.) McNamara Contracting 3.) Bituminous Roadways 4.) Ace Blacktop, Inc. S.) Hardrives, Inc. 6.) Valley Paving, Inc. Proiect 795 Low Bid Feasibility Report Estimate Percent Under (-) Estimate Engineer's Estimate Percent Under (-) Estimate Total Base Bid $ 485,543 $ 808,831 $ 524,103 $ 541,875 $ 574,459 $ 887,882 $ 485,543 $545,890 -11.1% $838,670 -9.4% as Agenda Information Memo February 5, 2002 K. PROJECT 790R, CENTRAL PARKWAY STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the revised draft feasibility report for Project 790R (Central Parkway -Street and Utility Improvements) and schedule a public hearing to be held on March 19, 2002. FACTS: • On January 16, 2001, the City Council approved Project 790R, Central Parkway -Street and Utility Improvements, providing for the construction of Central Parkway from Pilot Knob Road to Yankee Doodle Road. At that meeting, the City Council also approved the acquisition ofright-of--way and easements for the project. • On April 17, 2001, the City Council approved plans and specifications for Contract 01-04 providing for the proposed Central Parkway improvements, as presented in the feasibility report for Project 790R, and the grading of the Community Center site. • On 3une 28, 2001, the Council received the bids for Contract 01-04. Due to the unavailability of Rights of Entry or Right-of--Way for the entire project, on August 7, the City Council awarded Alternate Bid #2 under Contract 01-04 providing for the construction of the northern segment (Phase I) of Central Parkway from Pilot Knob Road to the Community Center Access Driveway. • Minnesota State Statutes require that a public improvement be bid and a contract awarded within one year of the City Council approval. The Council approval of Project 790R expired on January 16,2002. • In December 2001, the City of Eagan completed the acquisition of necessary right-of--way from Joe Miller Farms Inc. and Lockheed Martin Corp. for the remaining Central Parkway alignment. Part of this acquisition settlement modified the scope of the project and revised the assessment obligations of Lockheed Martin. The City may now move forward with the public improvement process for the remainder of Central Parkway. • Due to the revisions of the project scope and assessments, in addition to the elapsed time schedule, it was necessary to amend the feasibility report to address changes to the project scope, schedule, cost estimates and associated special assessments. • A revised draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally - present and discuss the merits of this amended project. • An informational neighborhood meeting will be scheduled to review the revised feasibility report details with the property owners in the adjacent area prior to the Public Hearing. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. a6 Agenda Information Memo February 19, 2002 Eagan City Council Meeting L. STREET SWEEPING POLICY ACTION TO BE CONSIDERED: Approve the Street Sweeping Policy for the City of Eagan and authorize its implementation. FACTS: • The Public Works Department has many operational practices, standards and procedures that are used as guidelines in providing related services to the general public. Some of these services are defined in formal policies approved by Council action. Others remain as operational practices and procedures. • Street sweeping has become an all-season operation for many different purposes and benefits (i.e. winter sand cleanup, spring/fall water quality maintenance, erosion cleanup, sealcoat pickup, street maintenance cleanup, accident/crash cleanup, etc.) After reviewing other communities' litigations, staff is suggesting that Eagan formally adopt a Street Sweeping Policy to help in the City's discretionary immunity defense for possible future claims. • A task force was created with representatives from St. Paul, Woodbury, Eagan and the League of Minnesota Cities (LMC). They reviewed various street sweeping operations and recommend a standard policy forged. The result was a standard policy document that could be personalized and adopted by any community. The Public Works Department has completed such a process and is now presenting the policy to the Council for formal approval. ATTACHMENTS: • Street Sweeping Policy, pages _~~ to ~_ a~ CITY OF EAGAN STREET SWEEPING POLICY 1. Introduction The City of Eagan believes that it is in the best interest of the residents for the City to assume basic responsibility of sweeping on city streets. Reasonable sweeping is necessary for vehicle and pedestrian safety, water quality issues and environmental concerns. The City will provide such service in acost-effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will use City employees, equipment and/or private contractors to provide this service. Completion dates are dependent on weather conditions, personnel and equipment availability. The Street Superintendent or his/her designee will be responsible for scheduling of personnel and equipment. 2. Scheduling & Programming Sweeping Operations A. Spring sweeping of snow and ice control aggregate will begin when streets are significantly clear of snow and ice, usually late March or early April, after the risk of later snowfall has passed. Spring sweeping is typically completed by May 15th. B. Sealcoating is a surface application of an asphalt emulsion followed by a layer of small rock that protects the pavement from the deteriorating effects of sun and water plus it provides increased surface friction. Initial sealcoat sweeping will as commence two (2) days after application of sealcoat and will be completed within fourteen (14) days of application. Additional sweeping of sealcoat aggregate will be performed on an as needed basis. C. Fall sweeping will commence the second week of October and typically is completed by the last week of November. Areas with extensive foliage will be swept after most of the leaves have fallen. D. Storm Water Quality areas will be swept on a priority basis throughout the year. E. Environmental/general sweeping will be performed on an as needed basis. F. Bituminous milling recovery sweeping will be performed within three (3) days of a grinding, milling or cracksealing operation. G. Erosion siltation dirt & debris cleanup from construction projects is the responsibility of the developer, contractor or property owner. Except in cases of emergency the streets shall be cleaned and swept within three (3) days of notification. If the streets are not swept within the specified time allowed or in the case of an emergency the City may sweep the street and the responsible party will reimburse the city for all associated costs. ~9 H. Tree trimming and pruning areas will be swept within three (3) days of the operation. I. Citizen requests for sweeping will be evaluated and the Street Superintendent will determine the priority. J. Sweeping of County roads is the responsibility of the Dakota County Highway Department. State highways are the responsibility of the Minnesota Department of Transportation. The City may assist in sweeping operations on these other jurisdictional roadways under emergency or mutual aid conditions. 3. Sweeping Procedures Sweeping is a slow process with average gutter line speeds for the first sweeping in spring that can be as slow as 2 to 3 miles per hour. The City will sweep with its own equipment and manpower, or contract services. Normally centerlines are swept after gutter lines are cleaned. Equipment may include mechanical, vacuum or regenerative air sweepers. 4. Priorities _, The City has classified City streets based on the street function, traffic volume, impact on water quality and the environment, and the importance to the welfare of the Community. Accordingly, sweeping routes will be designed to provide the maximum possible benefit to higher volume and water quality sensitive areas. See attached maps or routes. 3 3~ 5. Weather Conditions Sweeping operations will be conducted when weather conditions permit. Factors that may delay sweeping operations include: temperatures below 32°, wind, rain, snow and frozen gutter lines. 6. Work Schedule Sweeping operations are performed in conjunction with and can be impacted by other maintenance operations. Sweeping operations will normally be conducted Monday - Friday, from 7:00 a.m. to 3:30 p.m. Extended workdays and shift changes maybe utilized for spring cleanup or emergency sweeping to provide maximum efficiency. For safety reasons, no operator shall work more than atwelve-hour shift in any twenty-four hour period. 7. Sidewalks and Trails The City will sweep trails and sidewalks on collector and arterial streets once in the spring after the risk of snow has passed and are clear of snow and ice or on an as-needed basis. _~ 8. Safety Sand, sealcoat rock, or other dirt and debris on the street can create a potentially dangerous condition for vehicles, motorcyclists, bicyclists and pedestrians. It would not 4 ~~ be practical or effective to sign all streets for potential dangerous conditions. During sealcoat or milling operations, warning signs indicating loose rock will be placed on each end of collector and arterial streets or other appropriate areas where needed. These signs will remain in place until the street has been swept. Employees will follow all work rules, OSHA regulations, and Federal and State laws to ensure a safe sweeping operation. 9. Miscellaneous Other policies, procedures, maps and routes associated with street, sweeping operations. ^ Water Quality Sweeping Priority ^ Erosion & Sedimentation Control Policy ^ Grading, Drainage and Erosion Control Plan Requirements ^ Erosion & Sedimentation Control Requirements ^ City Code Chapter 7 Section ?.OS Sub. 3 Adopted by Council Action on February 19, 2002 1:~46b~Eagan Street Sweeping Policy 12/11/0] 5 3~ Agenda Information Memo February 19, 2002 Eagan City Council Meeting M. RAILROAD CROSSING GATES & SIGNAL (Nicols Rd. & Union Pacific Railroad) ACTION TO BE CONSIDERED: Approve MnDOT agreement #77142 (Railroad Crossing Signals -Nicols Rd. & Union Pacific Railway) and related resolution, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Two railroad crossings in the City of Eagan qualified for Federal Funding for signalization and protective cross arms. One is located on Wescott Rd. near Hwy 149 and the other is on Nicols Rd. down by the Minnesota River. Both projects have been approved for this funding in 2002 based on an application that Staff submitted in 1998. • Due to MnDOT's proposal to signalize Hwy 149 and Wescott Rd. in 2004, the Railroad signal and cross arms at this location has been deferred till then to allow proper interconnection and coordination. However, the Nicols Rd. crossing is ready to proceed this year. Subsequently, MnDOT has prepared the necessary agreement between the state, railroad and city and has submitted it for formal approval by the Council. Of the total estimated cost of $125,413, the City is responsible for 10% ($12, 541). This safety improvement has been programmed in the City's 5-year CIP and will be funded by the City's Major Street Fund. 33 Agenda Information Memo February 19, 2002 Eagan City Council Meeting N. CONTRACT 02-04, CITYWIDE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 02-04 (Citywide Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 14, 2002. FACTS: • Contract 02-04 provides for the maintenance overlays of existing trails identified in the 2002-2006 CIP along various collector and arterial roadways throughout the City., as outlined and discussed in the feasibility report for Project 861. Contract 02-04 also provides for the construction of a new bituminous trail segment along the north side of Skyline Road from High Ridge Terrace to Highview Park, as outlined and discussed in the feasibility report for Project 857. • On October 2, 2001, the City Council held a public hearing for Project 861. After staff presentation and testimony from affected property owners, the Council approved the project, with the deletion of the trail segment along the west side of Thomas Lake Road from Thomas Center Drive to Diffley Road. The Council authorized the preparation of detailed plans and specifications. Subsequent to that meeting, City staff has determined that certain segments to be overlayed would be completed by City Public Works crews. • On February 5, 2002, the City Council held a public hearing for Project 857. After staff presentation and testimony from affected property owners, the Council approved the project and authorized preparation of detailed plans and specifications. • The plans and specifications for Contract 02-04 have been completed and are being presented to the City Council for their approval and authorization of the advertisement of bids. ATTACHMENTS: • Location map of proposed trail improvements, page ~5 3 y~ = NEW CONSTRUCTION ~ ~ ~ ~ ~ = OVERLAY (CONTRACT 02-04) ~ ~ ~ ~ ~ ~ ~ = OVERLAY (CITY FORCES ) G: MISCDXF\TRAILS Bituminous Trail Improvements FEB. 15, 2002 City of Eagan 3s- ontract 02-04 Agenda Information Memo February 19, 2002 O. CONTRACT 02-11, DODD ROAD -CLIFF RD TO BUTWIN ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 02-11 (Dodd Road, Cliff Road to Butwin Road -Street and Utility Improvements) and authorize the advertisement for a bid opening to beheld at 10:30 a.m. on Thursday, March 14, 2002. FACTS: • Contract 02-11 provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails as outlined and discussed in the amended feasibility report for Project 751R. • On February 5, 2002, the City Council held a Public Hearing for Project 751R. After the staff presentation, a few property owners adjacent to the proposed improvements presented a concern regarding the proposed street width included in the feasibility report for Carol Street and questions regarding the off-street trail. The City Council considered said concern and responded to the questions, and accordingly approved the project as proposed in the feasibility report and authorized the preparation of detailed plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. ISSUES: • Staff has applied for the MnDOT permit to work within the TH 3right-of--way and revise the traffic signal at Red Pine Lane in compliance with MnDOT staff's previous comments. Staff has initiated the eminent domain process for acquisition of all required easements and will have right of access by the end of April. Staff has met with the Dakota County Parks staff and consultants regarding their storm drainage concerns. The plans include alternatives to address the storm drainage with improvements outside of the park as well as inside the park. .:~ 36 Agenda Information Memo February 19, 2002 Eagan City Council Meeting P. APPROVE PURCHASE AGREEMENT - 3816 BEAU D RUE DR. ACTION TO BE CONSIDERED: To approve a purchase agreement for 3816 Beau D Rue Drive. FACTS: The City Council previously directed the acquisition of several homes and businesses as part of the approval for Project 800. The City has reached agreement with the property owners at 3816 Beau D Rue Drive. The property owners will remain in the property until June 2002, which will not impede early stages of construction. A signed copy of the agreement is attached on pages through ATTACHMENT: • Purchase agreement for 3816 Beau D Rue Drive. 3'7 PURCHASE AGREEMENT The undersigned, THE CITY OF EAGAN, hereinafter referred to as "Buyer", hereby agrees to purchase from THOMAS G. WOODNER and JULIE A. WOODNER, husband and wife, hereinafter referred to as "Sellers", interest in real estate located at 3816 Beau D Rue Drive, Eagan, Minnesota 55122-1401 and legally described as follows: Lot Four (4), Block One (1) Langhoven Addition, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County and State. (the "Real Property"), upon the terms and conditions hereinafter set forth: Personal Properly Included in Sale. The following items of personal property and fixtures owned by Sellers and currently located on the Real Property ("Personal Propert}~") are included in the sale: garden bulbs, plants, shrubs, trees, storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtains-traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built-in humidifiers, built-in conditioning units, built-in electronic air filters, automatic garage door openers with controls, television antennas, water softeners, built-in dishwashers, garbage disposals, build-in trash compactors, built-in ovens and cooking stoves, hood-fans, intercoms, installed carpeting, work benches and security systems. The Real Property and Personal Property together constitute the entire property contemplated by this transaction ("Property") - Prior to vacating the Property, Sellers shaI1 remove all item of Personal Property not included in the sale. Sellers shall also remove all hazardous materials, including but not limited, all tires, batteries, chemicals, etc. prior to vacating the Property. 2. Purchase Price. The purchase price for the Property shall be One Hundred Sixty- Five Thousand Six Hundred Fifty-Three and 00/100 Dollars ($165,653.00), which includes a 3~ relocation "Replacement Housing Payment'' mutually agreed to by Buyer and Sellers. In addition to the purchase price, Buyer shall receive an additional sum of One Thousand Nine Hundred and No.i100 Dollars ($1,900.00) for relocation benefits. A summary of the relocation benefits is attached hereto as Exhibit "A." This amount shall be paid directly to Sellers within thirty (30) days after they have vacated the Property. 3. Payment of Purchase Price. The purchase price shall be paid in cash or certified funds on or before the date of closing. 4. Title and Remedies. The Sellers shall, within a reasonable time after execution of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and state and federal judgments and liens or, if no abstract can be located, Sellers may provide a commitment for an ALTA Owner's Policy of Title Insurance for the full purchase price. The Buyer shall be allowed ten (l0) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, the Sellers shall be allowed 120 days to make such title marketable. Pending correction of title, the payments hereunder shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written -'objections thereto as above provided, this Agreement shall be null and void, at the option of the Buyer, and neither party shall be liable for damages hereunder to the other party. All earnest money theretofore paid by the Buyer under this Agreement shall be refunded. If the title to said property shall be found marketable or shall be so made within said time, and said Buyer shall 2 39 default in any of the agreements and continue in default for a period of 10 days after written notice to Buyer, and in that case, the Sellers may terminate this Agreement and on such termination all the pa}~nents made upon this Agreement shall be retained by said Sellers and said agent, as their respective interest may appear, as liquidated damages, time being of the essence hereof. 5. Right-of--Entry. Buyer may enter upon the Real Property for the purposes of making soil tests and/or any other tests contemplated by its proposed use of the Real Property. 6. Rea] Estate Taxes. Real Estate taxes for all years prior to the year of closing shall be Sellers' responsibilities. Real estate taxes due and payable in the year of closing shall be prorated to the date of closing. Buyer shall be responsible for the real estate taxes in payable in 2003 and all subsequent years. 7. Special Assessments and Development Charges. Sellers shall be responsible for any special assessments, levied as of the date of this Agreement. 8. Contin e~~ncies. This Purchase Agreement shall be contingent upon the approval of this Purchase Agreement by the City Council of the City of Eagan and the results of any environmental tests to be conducted by Buyer before closing, including but not limited to, a Phase I environmental study. If Buyer and its sole discretion is not satisfied with the results of such environmental tests, Buyer shall give notice to Sellers and this Purchase Agreement shall -become null and void. 9. Closing. The closing shall take place on March 1, 2002, at the offices of Severson, Sheldon, Dougherty & Molenda, P.A.; 7300 West 147` Street, Suite 600; Apple Vallev, Minnesota 55124, or such other time and location as mutually agreed upon by the 3 4~0 parties. 10. Obligation of Parties at Closing. The Sellers and Buyer shall do the following at the closing: A. Sellers shall: i. execute and deliver a Warranty Deed conveying fee title to the Property to the Buyer, free and clear of all liens and encumbrances, subject to the following: (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota; and (D) Utility and drainage easements which are described in the above legal description; ii. execute the acknowledgment of relocation benefits as shown as Exhibit "A"; and iii. provide a certificate of liability insurance coverage in the amount of at least the full insurable value of the Property, naming the Buyer as an additional insured. B. Buyer shall: make the necessary payments as required under Article 2; C. Each party shall execute such other instruments, certificates and affidavits as the other party's attorney reasonably may request. D. Buyer shall be responsible for ail costs charged by any title company including any abstracting fees, payment of state deed tax, closing fees and courier fees. 11. Real EstateBrokeraae. Sellers represent that they. have entered into a Seller Facilitator Services Agreement whereby they have agreed to pay their realtor the greater of 1 of the purchase price or $1,675.50. Sellers agree to pay for the foregoing brokerage fee and any additional brokerage fees claimed by any person claiming to be hired on Sellers behalf. Sellers agree to indemnify and hold Buyer harmless from and against any and all costs, expense or 4 4~/ liability for commissions or other compensation claimed by any broker or agent by reason of services alleged to have been rendered at the instance of or agreed to it by in connection with this Agreement. 12. Notices. Any notices under this Pwchase Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: To the Sellers: Thomas G. Woodner and Julie A. Woodner 3816 Beau D Rue Drive Eagan, MN 55122 To the Buyer: City of Eagan Attn: James E. Verbrugge, Assistant City Administrator 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, Assistant City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 13. HeadinQS. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. l4. Salva e. Sellers shall have the right to salvage any items located on the Property, provided, however, that the items removed by Sellers must not limit or in any other way affect Buyer's right to secwe the Property. 15. Governin Law. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed aad enforced in accordance with the laws of such state. 16. Heirs, Successors and Assigns. The terms, conditions and covenants shall 5 ~~ extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 17. Possession. Sellers shall deliver possession of the Property, in "broom clean" condition, no later than June 15, 2002. All utility charges shall be prorated to the Parties as of the date of closing. Sellers shall not be responsible for paying any rent to Buyer during the time Sellers remains in possession of the Property. Sellers shall, however, be responsible for the payment of all utilities and necessary maintenance and repairs subsequent to the date of closing until possession is transferred to Buyer. Sellers shall also insure the Property for its full insurable value during the time that Sellers remain in possession and Sellers shall list Buyer as an additional insured on any such insurance policy. ~ ~ ~ In the event that Sellers do not vacate the Property within thirty (30) days after the date w ,~~)v" rte` ~,y` ss~ c r~ of ei~g then, in that event, Buyer may immediately pursue an unlawful detainer action to evict the Sellers from the Property. In the event such action is commenced, Sellers agree to reimburse Buyer for any and all costs and expenses incun ed in such action, including reasonable attorneys' fees. 18. Default; Remedies. If either parry shalt default in any of their respective obligations under this Agreement, the other party may, by written notice to such defaulting parry specifying the nature of the default and the date on which this Agreement shall terminate (which ::date shall be not less than ten (10) days after the giving of such notice), terminate this Agreement and upon such date, unless the default so specified shall have been cured, this Agreement shall terminate. Termination of this Agreement shall be the sole and exclusive remedy of both Sellers and Buyer and neither party shall have the right of specific performance. 6 ~~ 19. Well Disclosure/Sewer Septic Disclosure. Sellers certify that the Sellers do not know of any wells on the Property. Sellers further certify that any sewage generated at the Property goes to a facility permitted by the Minnesota Pollution Control Agency. 20. Property Purchase "AS IS". Buyer acknowledges that the Property is being purchased "AS IS" and with all faults. :,, S~ 5' IN WITNESS WHEREOF the parties have executed this Purchase Agreement this day of SELLERS: Thomas G. Woodner 2002. BUYER: THE CITY OF EAGAN By: By: ~ L~ C,ZLI Julie A. Woodner By: s Patricia E. Awada Its: Mayor Mira McGarvey Its: Deputy Clerk ~~ Agenda Information Memo February 19, 2002 Eagan City Council Meeting Q. APPROVE RESOLUTION REMOVING PARCELS FROM TAX INCREMENT FINANCING DISTRICT N0.2-3 ACTION TO BE CONSIDERED: To adopt a resolution approving the elimination of parcels from Tax Increment Financing District No. 3 within Development District No. 2 of the City of Eagan. FACTS: • The City Council previously established TIF District No. 2-3 in June 1996. • Due to statutory limitations regarding the number of years a parcel remains eligible for redevelopment-related expenditures (5-year "knockout" rule), there are a number of parcels within No. 2-3 that are no longer eligible for tax increment-assisted redevelopment. • The City Council can, by resolution, remove parcels from a TIF district so long as the current tax capacity of the parcels equals or exceeds the base tax capacity of that parcel at the time the district was established. These parcels meet that test. • There continues to be strong interest in the Highway 55 corridor for new development and redevelopment opportunities. To that end, the City has scheduled a Public Hearing to consider establishing a new TIF redevelopment district. The proposed district includes many of the parcels that were inactive in No. 2-3. Those specific parcels must first be eliminated from the original district before they can be included in the new district. This action allows for that progression to occur. ATTACHMENT: - • Resolution is attached on page ~f6 CITY OF EAGAN COL1NTI' OF DAKOTA STATE OF 1\IINNESOTA BEING A RESOLhTION APPROVING THE ELIMINATION OF PARCELS FROi`I TA\ INCREMENT FINANCING DISTRICT NO. 3 «'ITHIN DE~'ELOPAIENT DISTRICT NO.2 OF THE CIT~~ OF EAGAN. WHEREAS, on June ~, 1996, the Cih of Eagan (the "City") created its Tax Increment Financing District No. 3 ("District No. 3") within its Development District No. 2 (the "Project"): and WHEREAS, District 3 included the following parcel numbers which were previously certified in District 3: 1 0-00200-0 1 0-3 1 ] 0-00200-010-29 10-00200-020-29 10-53320-080-00 10-53320-081-00 10-53320-082-00 10-53320-071-00 10-53320-072-00 1 0-3 6 1 00-0 1 0-0 1 ] 0-36100-020-01 10-53320-032-00 10-53320-0~2-00; and WHEREAS, the City desires b~~ this resolution to cause the elimination of the folloa~ina parcel numbers (the "parcels") ~~ ithin District No. 3 thereby reducing the size of District No. 3; and y ~'~'HEREAS, since the current net tax capacit} of the parcels to be eliminated from District No. 3 equals or exceeds the net tax capacity of the parcels in District No. 3's original net tax capacity, the holding of a public hearing is not required b~ Alrmiesola Statutes. Section 469.17, subd. -t; NO~~' THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan that the parcels are hereby eliminated from District No. 3 and the City's staff shall take such action as is necessary to notifi the Count} Auditor ofthe reduction in the geographic area of DistrictNo.3 caused br the elimination of such parcel. ' DATED: .2002 It1a}~or ATTEST: City Administrator (Seal) N:\I~tinnsota\Fagan\TIF 2-4`,res decenif~ parcels ofTIF 2-3.~~pd ~~ Agenda Information Memo February 19, 2002 Eagan City Council Meeting R APPROVE 2001 GENERAL FUND BUDGET ADJUSTMENTS ACTION TO BE CONSIDERED: To approve the 2001 General Fund Budget Adjustments FACTS: The City occasionally makes formal budget adjustments to incorporate unforeseen activities into the budget. The City Council has already approved the expenditures in most cases. • The most significant adjustments are: 1) $163,700 in Police grants and other revenue-supported activities (e.g., contractual overtime). Each expenditure increase has a corresponding revenue increase in the same amount. 2) $278,300 in storm mitigation consultant expenses. Until the State releases the storm mitigation funds it has approved, these expenditures are being financed from the Contingency account. 3) $53,000 in Communications initiatives. Certain professional services, printing expenses, and advertising costs were directed by the Council. Staff is recommending these budget overages be funded by franchise fees, in the same way that franchise fees were originally proposed in 2000 to fund the 2001 Communications budget expenditures, and aze approved to fund 2002 Communications budget expenditures. • Some of the budget adjustments aze funded through the General Fund Contingency. The net effect of the adjustments is a $335,200 reduction of the 2001 Contingency account, from $381,600 to $46,400. The $46,600 balance will become part of the General Fund fund balance. ATTACHMENTS: • Detail of the 2001 General Fund budget adjustments is attached an page ~ . ~~ 2001 budget adjustments attachment to TLH memo detail adjustments 200'! General Fund Budget Adjustments Proposed Grant/Other revenue-supported: D.A.R.E. Program $ 7,100 from Lions Club donations Contractual Overtime (in excess of budget) 100,000 from service fees charged out Local Law Enforcement Block Grant 7,300 from CDBG funding General Equipment 12,800 from Bureau of Justice grant Auto Theft prevention 17,800 from St Dept of Pub Safety grant V.A.L.E. School SRO startup -auto/PC 18,700 from ISD 191 163,700 Communications initiatives: (note: figures represent amounts budget was exceed byj Professional services -Wallace Group 29,600 Increased size of "Discover" Parks brochure, 18,500 flood communications, printing/binding and postage costs related to other Council-directed projects Advertising -- listening sessions, State of 4,900 the City, mid-year recap 53,000 Other, funded by Contingency: Storm Sewer mitigation analysis - Bonestroo 278,300 4th of July celebration 5,100 (up to $10K approved by CC in 4/01) Lektriever filing system -Comm Devel 51,800 335,200 ~9 2/15/2002 Agenda Memo February 19, 2002 CONSENT AGENDA '~ S,Approve Premise Permit Renewals for Exemption from Lawful Gambling License for the Knights of Columbus at Starks Saloon and Coopers Restaurant. ACTION TO BE CONSIDERED: Approve Premise Permit renewals for Exemption from Lawful Gambling License for the Knights of Columbus at Starks Saloon, 3125 Dodd Road, and Coopers Restaurant, 4185 Robert Trail. FACTS: • Staff has reviewed the applications for renewal and deem them acceptable. so Agenda Information Memo February 19, 2002 CONSENT AGENDA: T. APPROVE a $1000 contribution to the Minnesota Water Quality Partnership in support of the City of Shorewood's lobbying efforts for State legislation that restrict the use of phosphorus fertilizer. ACTION TO BE CONSIDERED: To approve a $1000 contribution to the Minnesota Water Quality Partnership in support of the City of Shorewood's lobbying efforts for State legislation that restrict the use of phosphorus fertilizer. FACTS: • Official action was taken a t the February 12 City Council workshop to contribute to the City of Shorewood's lobbying efforts; however, since it is the practice of the Council not to make formal motions at workshops, the item has been placed on the consent agenda for final ratification. 5/ Agenda Information Memo February 19, 2002 Eagan City Council Meeting PUBLIC HEARINGS A. CONSIDER ADOPTION OF THE MODIFICATION FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT N0.2 (between Blue Gentian Circle and Highway 149 on either side of Highway 55); ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT N0.4 (a redevelopment tax increment financing district) WITHIN NORTHEAST EAGAN DEVELOPMENT DISTRICT N0.2: AND ADOPTION OF THE TAX INCREMENT FINANCING PLAN (the "Plan") THEREFOR. ACTION TO BE CONSIDERED: To approve a resolution adopting a modification for NE Eagan Development District No. 2 (between Blue Gentian Circle and Highway 149 on either side of Highway 55); and establishing Tax Increment Financing District No. 4 within the NE Eagan Development District No. 2; and adopting a Tax Increment Financing Plan therefor. FACTS: • The Eagan City Council included continued redevelopment of the Highway 55 and 149 among its priority goals for the 2001-2002 Council term. • The City of Eagan began the process of redevelopment in the Highway 55 corridor in 1996. The modification of the development district and establishment of the TIF district are intended to continue the successful pattern of investment and reinvestment in this important gateway area to the City. • The Advisory Planning Commission has had an opportunity to review the draft redevelopment plans, as well as the proposed TIF district and TIF plans, and passed a resolution supporting the plans at its meeting on January 29, 2002. • The Eagan Economic Development Authority similarly has reviewed the plans. A resolution of the EDA was passed on February 5, 2002 to approve the plans. • Property inspections and lot coverage analysis are complete. In order to qualify a redevelopment district, more than 50% of the buildings must be determined to be "substandard" according to statutory guidelines. The analysis shows that 91 % of buildings within the proposed boundaries meet the substandard criteria. Lot coverage percentage is 74%, which exceeds the 70% statutory requirement. • Legal notice of the Public Hearing was published on February 9, 2002. Additionally, notices of the Public Hearing were sent directly to all affected property owners and other interested parties. S=2 Public Hearings - A February 19, 2002 A neighborhood meeting was held on December 4, 2001, to share information regarding the proposed district and process. Dakota County and ISD #197 were provided required notification of the proposed TIF District. Dakota County submitted road impact comments regarding proposed upgrades to Lexington Avenue. These comments will be read into the record at the Public Hearing. Also, the Dakota County Commission took board action on February 12, 2002 to recommend the City not create the district. Sid Inman and Rebecca Kurtz of Ehlers and Associates, the City's project management consultant for the Cedar Grove Redevelopment, will make a brief presentation regarding the proposed Tax Increment Financing Redevelopment District. ATTACHMENTS: • The resolution is attached on pages through • The Modification to the Development Program for the Northeast Eagan Development District No. 2 is attached on pages ,~- through ~'~ • The Tax Increment Financing Plan for the establishment of Tax Increment Financin District No. 2-4 (a redevelopment district) is attached on pages through • Property Inspection Report from onestroo to determine district qualifications is attached on pages~~ through~~~ • Affidavit of Publication for the Public Hearing is attached on page • Public Hearing notice mailed to affected property owners is attached on page ~~ - /.~ 5' • Dakota County road impact comments on pages through ~~ .-,~ S3 CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA Council member introduced the followin_ resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION FOR THE NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO.2-4 WITHIN THE NORTHEAST EAGAN DEVELOPMENT DISTRICT N0.2; AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Eagan, Minnesota (the "City"). as follows: Section 1. Recitals. l .01. The Board of Commissioners (the "Board") of the Eagan Economic Development Authority (the "EDA") has heretofore established the Northeast Eagan Development District No. 2 and adopted the Development Program therefor. It has been proposed by the EDA and the City that the City adopt a Modification for the Northeast Eagan Development Project No. 2 and establish Tax Increment Financing District No. 2-4 (the "District") therein and adopt a Tax Increment Financing Plan therefor (collectively, the "Modification and Plan"); all pursuant to and in conformity with applicable law. including Mi~~nesora Statutes, 469.090 through =169.108, -f69.17a th~~ough 469.179 and ;169.002 tln•ough 469.04', all inclusive. as amended. (the "Act")all as reflected in the Plan. and presented for the Council's consideration. l .02. The EDA and City have investigated the facts relating to the Modification and Plan and have caused the 1\~]odification and Plan to be prepared. 1.03. The EDA and Cit}' have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Modification and Plan. including. but not limited to. notification of Dakota Counh and Independent School District No. 197 having taxing jurisdiction over the property to be included in the District, a revie~~ of and ~~ ritten comment on the Modification and Plan by the City Planning Commission, and the holding of a public _, hearing upon published notice as required by law. 1.04. Certain ~~ritten reports (the "Reports") relating to the Plan and to the activities contemplated therein have heretofore been prepared by staff and submitted to the Council and/or made a part of the City files and proceedings on the Plan. The Reports include data, information and/or substantiation constituting or relating to the bases for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fuliv a part of this resolution to the same extent as if set forth in full herein. s~ 1.05 The City is not modifying the boundaries of the Northeast Eagan Development District No. 2, but the EDA is creating a Redevelopment Project Area within Northeast Eagan Development District No. 2. Section 2. Findings for the Adoption and Approval of the Modification and Plan. 2.01. The Council hereby finds that the Modification and Plan, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public purpose and accomplish certain objectives as specified in the Modification and Plan, which are hereby incorporated herein. Section 3. Findines for the Establishment of Tax Increment Financing District No. 2-4. 3.O1. The Council hereby finds that the District is in the public interest and is a "redevelopment district" under ll~limiesota Statutes, Section -169.179, subd. 10 (a)(1). 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plan conforms to the general plan for the development or redevelopment of the Cit}' as a whole; and that the Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The Eagan Economic Development Authority elects to calculate fiscal disparities for the District in accordance with Rlinnesota Statutes. Section -169.177, subdirisio» 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of tl~e Modification and Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby sen~es a public purpose. Section 5. Approval and Adoption of the Modification and Plan. 5.01. The Modification and Plan. as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved. ratified. established, and adopted and shall be placed on file in the office of the City Clerk. x.02. The Council, after public hearing and advice of the Planning Commission. hereby finds and determines with respect to the Redevelopment Plan and the Redevelopment Project described in the Plan as follows: SS (1) The land in the project area would not be made available for redevelopment without the financial aid to be sought; (2) The redevelopment plans for the redevelopment areas in the City will afford maximum opportunity. consistent with the needs of the City as a whole. for the redevelopment of the areas by private enterprise; and (3) The redevelopment plan conforms to a general plan for the development of the City as a whole. Accordingly, the Redevelopment Plan and Redevelopment Project are hereb}' approved. 5.03 The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modification and Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.04 The Auditor of Dakota County is requested to certify the original net tax capacity of the District, as described in the Modification and Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the Eagan Economic Development Authority is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District. for ~shich building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.05. The Assistant City Administrator is further authorized and directed to file a copy of the Modification and Plan with the Commissioner of the Minnesota Department of Revenue pursuant to Mnviesota Statutes -~69.17~. Subd. -1a. The motion for the adoption of the fore~oin~ resolution was duly seconded by Council member . and upon a vote being taken thereon. the following voted in favor thereof: and the following voted against the same: Dated: February 19. 2002 Mayor (Seal) ATTEST: City Clerk s~ EXHIBIT A RESOLUTION # The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 2-4, as required pursuant to Minnesota Statutes, Sectiozz 469.175, Subdivision 3 are as follows: Finding that Tax Increment Financing District No. 2-4 is a redevelopment district as defined in M. S., Section 469.174, Subd. 10(a)(1). The District consists of 29 parcels, with plans to redevelop the area for commercial, industrial and housing purposes. At least 70 percent of the area in the parcels in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the District. not including outbuildings. are structurall} substandard to a degree requiring substantial renovation or clearance (See Appendix F of the TIF plan). 1. Firzdi~rg that the proposed development, in the opinionn of the City Council, it~ould rzot reasonably be expected to occur solel}'through private im•estment irithin the reasonably foreseeable future and that the increased market value of the site that cor~ld reasonabl}- be expected to occur lrithout the use of tax increme~zt frnancing would be less than the increase inz the market value estimated to result from the proposed development after subtracting the present valise of the projected tax increments for the maxinnnn duration of Tax Increment Financing District No. 2-4 permitted by the Plan. The proposed development, in the opinion of the City., irould zzot reasonably be expected to occur solely through private investrnenzt il~ithin the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in this plan meets the Cit}'s objectives for redevelopment Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the limited amount of commercial, industrial and housing property for expansion adjacent to the existing project, the incompatible land uses at close proximity, and the cost of financing the proposed improvements, this project is feasible only through assistance, in par[, from tax increment financing. The developer was asked for and provided a Letter and a proforma as justification that the developer would not have gone forward without tax increment assistance (see attachment in Appendix G). The increased market value of the site that could reasonable be expected to occzn~ ~rilhozrt the use of tar increment financing would be less than the increase nz market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maxinrunz duration of the TIF Dish•ict permitted by the Planz: The City supported this finding on the grounds that the cost of site and public improvements and utilities add to the total redevelopment cost. Historically, site and public improvements costs in this area have made redevelopment infeasible ~~ithout tax increment assistance. Therefore. the City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $103,661,700. The present value of tax increments from the District is estimated to be $9,931,376. It is the Council's finding that no development with a market value of greater than $93,730,324 would occur without tax increment assistance in this district within 25 years. This finding is based upon evidence from general past experience with the high cost of acquisition and public improvements in the general area of the District(see Cashflow in Appendix D of the TIF Plan). S7 3. Findiaag that the Tax Increment Financing Plan for Tax Increment Financing District No. 2-4 conforms to the general plan for the development or redevelopment of tlae municipality as a whole. The Planning Commission reviewed the Plan and found that the Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan far Tax Increment Financing District No. 2-4 will afford maximum opportunity, consistent with the sound needs of the City as a 11~hole, for the development or redevelopment of Redevelopment Project No. 2 h}~ private enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add a high quality development to the City. 5~~ As of February 13, 2002 Draft for Council Review MODIFICATION TO THE DEVELOPMENT PROGRAM for THE NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA Adopted: January ] 7, ] 989 Modified: Febniarr 19. 2002 ~~ EHLERS Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 a A S S O C I A i E S i N c (651) 697-8500 fax: (651) 697-8555 www.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) CITY OF EAGAN ACTION TAKEN ..................................................... i SECTION I DEVELOPMENT PROGRAM FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 ............ ....... l-1 Subsection 1-1. Definitions ............................................. .......1-1 Subsection 1-2. Statutory Authority ....................................... ....... 1-2 Subsection 1-3. Statement of Findings and Public Purpose ..................... ....... 1-2 Subsection 1-4. Statement of Objectives ................................... ....... 1-3 Subsection 1-5. Statement of Public Facilities and Costs to Be Financed .......... ....... 1-4 Subsection 1-6. Funding of Developments and Redevelopments ................ ....... ]-4 Subsection 1-7. Environmental Controls ................................... ....... 1-5 Subsection 1-8. Proposed Reuse of Property ................................ ....... 1-5 Subsection 1-9. Open Space to Be Created .................................. ...... 1-5 Subsection 1-10. Administration and Maintenance of the Cedar Grove Redevelopment Project Area ........................ ....... 1-5 Subsection 1-11. Rehabilitation .......................................... ....... 1-5 Subsection 1-12. Property Acquisition ...................................... ...... 1-6 Subsection 1-13. Modification of the Redevelopment Plan and/or the Cedar Grove Redevelopment Project Area ......................... ...... 1-6 Subsection 1-]4. Description of Boundaries of the Cedar Grove Redevelopment Project Area ......................... ...... 1-6 APPENDIX A -BOUNDARY MAP OF NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 ........................ A-1 APPENDIX B -DEVELOPMENT PROGRAM FOR THE NORTHEAST EAGAN DEVELOPMENT DISTRICT N0.2 ........................ B-1 60 CITY OF EAGAN ACTION TAKEN (This Municipal Action is only for convenience of reference.) Based upon the statutory authority described in the Development Program attached hereto, the public purpose findings by the City Council for the City of Eagan (the "City") and for the purpose of fulfilling the City's development objectives as set forth in the Northeast Eagan Development District No. 2 Plan, the City has created, established and designated Northeast Eagan Development District No. 2 pursuant to and in accordance with the requirements of the TIF Act as defined in the definitions of this document. Tax Increment Financing District No. 2-4, a redevelopment tax increment financing district, vas established at the same time that the Development Program for Northeast Eagan Development District No. 2 was modified. The following EDA and City Council action was taken in connection therewith: Northeast Eagan Development District No. 2 and Redevelopment Project: January l 7.1989: The Development Program forNortheast Eagan Development DistrictNo. 2..'as approved by the Eagan City Council. February ~. 2002: The Modification to the Development Program for Northeast Eagan Development District No. 2 was approved by the Eagan Economic Development Authority. February l9. 2002: The Modification to the Development Program for Northeast Eagan Development District No. 2 and establishment of a redevelopment project under Minnesota Statutes, Section 469.001 to 469.047, together with a related redevelopment plan for the area of Tax Increment Financing District No. 2-4 was approved by the Eagan City Council. Tax Increment Financing District 1~'0. 4: January 17, ]989: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was approved by the Eagan City Council. February 5. 2002: The Tax Increment Financing Plan for Tax Increment Financing District No. 4 was approved by the Eagan Economic Development Authority. _ February 19. 2002: The Tax Increment Financing Plan for Tax Increment Financing District No. 4 was approved by the Eagan Cit}' Council. 6/ SECTION I DEVELOPMENT PROGRAM FOR THE NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 Subsection 1-1. Definitions (Modified February 19, 2002, to include the following) The terms defined below shall, for purposes of this Development Program, have the meanings herein specified, unless the context otherwise specifically requires. "City" means the City of Eagan. "City Council" means the City Council of the City of Eagan. "Comprehensive Plan" means the documents which contain the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. "County" means Dakota County, Minnesota. "Development Program" mean the Development Program forNortheast Eagan Development District No. 2, as amended. y "Enabling Act" means Mifvicesota Statues, 469.090 through 469.108] and 469.001 through 469.047. as amended and supplemented from time to time. "Redevelopment Project" means the property within the Northeast Eagan Development District No. 2, containing Tax Increment Financing District No. 2-4, as described in the Tax lncrement Financing Plan for Tax lncrement Financing District No- 2-4. "Redevelopment Plan" means a portion of Development Program relating to the Redevelopment Project and set forth in this document. and as it shall be modified. "EDA Acr~ means Alirmesota Statutes. Section 469.090 through 469.1081. inclusive as amended. "HRA Act" means Minnesota Statutes. Section 409.001 through 469.047. inclusive as amended. "Land Use Regulations" means all federal. state and local laws. rules, regulations, ordinances, and plans _, relating to or governing the use of development of land in the Cin-, including but not limited to environmental, zoning and building code laws and regulations. "Project Area" means the real property ~t ithin the City constituting the Redevelopment Project. "Public Costs" means the costs set forth in the Development Program and Tax Increment Financine Plan. and am other costs eligible to be financed by Tax Increments under the T1F Act, EDA Act or the HRA Act. "Public Improvements" means the public improvements described in the Redevelopment Plan and Tax Increment Financing Plan. "State" means the State of 1v9innesota. (~ih of Easan. Minnesota Modification to the Development Prosr~m for the Northeaset Eagan Development District No. ~ Project Area I-I _ ~~ "Tax Increment Bonds" means any tax increment bonds or notes issued by the EDA or the City to finance the Public Costs as stated in the Development Program for the Northeast Eagan Development District No. 2, includingthe Redevelopment Project and in the Tax Increment Financing Plans, and any obligations issued to refund such bonds. "TIF Act" means Minnesota Statutes, Sections 479.174 through 479.179, inclusive, as amended. "Tax Increment Financing District" means any tax increment financing district presently established or to be established in the future in the Northeast Eagan Development District No. 2 Project Area. "Tax Increment Financing Plan" or "Plan" means the Plans adopted by the City for any Tax Increment Financing District. Subsection 1-2. Statutory Authority (Modifred February 19, 2002, to read as follox~s) The Enabling Act authorizes the City, upon certain public purpose findings by the City, to establish and designate development and redevelopment projects within the City and to establish, develop and administer redevelopment plans therefore to meet the needs and accomplish the public purposes specified in the Statement ofFindings and Public Purpose set forth in Subsection I-3 below. In accordance with the purposes set forth in the Enabling Act, the City has established the Development Program comprising the area described on the attached Appendix A and has adopted this Development Program therefor and has approve the Redevelopment Plan. The TIF Act authorizes the City. upon certain findings, establish and designate tax increment financing districts within the Northeast Eagan Development District No. 2 and to adopt and implement a tax increment financing plan to accomplish the Development Program established for the Northeast Eagan Development District No. 2. y Subsection 1-3. Statement of Findings and Public Purpose (Modifred February 19, 2002, >o inchide the fol/owing) The City finds that there is a need for development within the City and Northeast Eagan Development District No. 2 to provide employment opportunities, to improve the local tax base, and to improve the general economy of the City and State. The sound development of the economic security of the people in the City depends upon proper redevelopment of substandard. blighted, and/or marginal property, as provided in Minnesota Statutes Section 469.002, Subd. 14, and as further defined in Minnesota Statutes Section 469.174, ., Subd. 10, ~ihich includes property that meets any one ofa number ofconditions, including properties whose values are too low to pay for the public sen ices required or rendered and properties whose lack of use or improper use has resulted in stagnant or unproductive land that could otherwise contribute to the public health. saferi and welfare. The City finds that in many cases, lands in a blighted or substandard area cannot be developed without public participation and assistance in forms including property acquisition and/or write down, proper planning, the financins of land assembly in the work of clearance or development and the making and/or financing of various other public and private improvements and im~esUnents necessary for development. In cases ~~ here the development of marginal and other property cannot be done by private enterprise alone. the City believes it to be in the public interest to consider the exercise of its powers. to advance and spend public money. and to provide the means and impetus for such development. Cih of Eagan. ~'~linnesota Modification to the Development Program for the Northeaset Ea_an Development District No. ? Pr<~ject area I.2 6.3 The City finds that in certain cases property within the Project Area would not or may not be available for the development without the specific financial aid to be sought, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise, and that the Development Program and Redevelopment Plan conform to the general plan for the development of the City as a whole. The City also finds that the welfare of the City and State requires the active promotion, attraction, encouragement, and development of housing and economically sound industry and commerce through governmental action for the purpose or preventing the emergence of blighted and marginal lands and areas of chronic unemployment. It shall also be the policy of the City to facilitate and encourage such action as may be necessary to prevent the economic deterioration of such areas to the point where the process can be reserved only by total redevelopment. Through the use of the powers conferred on the City pursuant to the Enabling Act, promoting economic development and housing may prevent the occurrence of conditions requiring redevelopment and prevent the emergence of blight, marginal land, and substantial and persistent unemployment. The City also finds that the welfare of the City requires (1) the development and redevelopment of blighted areas, in situations in which private enterprise would not act without government participation or subsidies (2) removing, preventing. or reducing blight, blighting factors, and the causes of blight, and (3) urban renewal projects to eliminate or prevent the development or spread of slums or blighted or deteriorating areas. Subsection 1-4. Statement of Objectives (Modifred February 19, 2002, to include the following) The establishment of the Redevelopment Project within Northeast Development District No. 2 in the City pursuant to the Enabling Act is necessary and in the best interests of the City and its residents and is necessary to give the City the ability to meet certain public purpose objectives that would not be obtainable in the foreseeable future without intervention by the City in the normal development process. The City intends, to the extent permitted by law, to accomplish the following objectives through the implementation of the Development Program: 1. Promoting and securing the prompt development of property in the Redevelopment Project in a manner consistent with the City's planning and with a minimal adverse impact on the environment, which property is less productive because of the lack of proper utilization and lack of investment, and thereby promoting and securing the development of other land in the City: 2. Promoting and securing additional employment opportunities within the Redevelopment Project and the - City for residents of the City and the surrounding area, thereby improving living standards and preventing unemployment and the loss of skilled and unskilled labor and other human resources in the city; 3. Securing the increase in value of property subject to taxation by the City. School District. County and any other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided b_y them: 4. Securing the construction and providing mone~~s for the payment of the cost of public improvements in the Redevelopment Project, which are necessary for the orderly and beneficial development of the Redevelopment Project. Cih- of Eagan. ~1innesota !Modification to the De~~rlopment Prosrain t~or the Nonheaset Eaean Development District No. 2 Project Area 1-~ 5. Promoting the concentration of new unified development, including commercial development in the Redevelopment Project so as to maintain the area in a manner compatible with its accessibility and prominence in the City. 6. Encouraging the expansion and improvement of local business, economic activity and development, whenever possible. 7. Creating a desirable and unique character within the Redevelopment Project through quality land use alternatives and design quality in new buildings. 8. To prevent the emergence of, and promote redevelopment of, blighted or marginal property. Subsection 1-5. Statement of Public Facilities and Costs to Be Financed (Modifred February 19, 2002, to include the following) The City will perform or cause to be performed, to the extent permitted bylaw, all project activities pursuant to the Enabling Act, the TIF Act and other applicable state laws, and in doing so anticipates that the following may, but are not required, to be undertaking by the City: (a) The making of studies, planning, and other formal and informal activities relating to the Redevelopment Plan. (b) The implementation and administration of the Development Program and Redevelopment Plan. (c) The re-zoning of land within the Cih~. (d) The acquisition of property. or interests in property. by purchase or condemnation, which acquisition is consistent with the objectives of the Development Program. (e) The preparation of property for use and development in accordance with applicable land use regulations and any development agreements, includins demolition of structures, clearance of sites, em~ironmental remediation, land preparation, and construction of necessary public improvements. (f) The resale of property to private parties. (g) The issuance of Tax Increment Bonds to finance the Public Costs ofthe Development Program and Redevelopment Plan, and the use of Tax Increments or other funds available to the City to pay or finance the Public Costs incurred or to be incurred pursuant to the Development Program and Redevelopment Plan. (h) The use of Tax Increments to pay debt sen~ice on the Tax Increment Bonds or otherwise pay or reimburse with interest the Public Costs. Subsection 1-6. Funding of Developments and Redevelopments (Modifier/ Februar~~ 19, 2002, !o include 1/re following) It is anticipated that the Public Costs ofthe Development Program and Redevelopment Plan will be paid from proceeds of Tax Increment Bonds. The City reserves the right to utilize other available sources of revenue. including but not limited to special assessments and user charges. which the City may apply to pay a portion of tl~e Public Costs. Cih of Eaoan. Minnesota Modification ro the Development Pm~ram tilt the Northeaset Ewan Development District No. Z Project Area I-a - 6s Subsection 1-7. Environmental Controls (Modified February 19, 2002, to include 1lre following) All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental controls and all applicable land use regulations. Subsection 1-8. Proposed Reuse of Property (Modified February 19, 2002, to include t/re following) The Development Program and Redevelopment Plan contemplate that the City or EDA may acquire property and reconvey the same to another entity. Prior to formal consideration of the acquisition of any propem, the City will require the execution of a binding development agreement with respect thereto and evidence that Tax Increments or other funds will be available to repay the Public Costs associated with the proposed acquisition. ]t is the intent of the City to negotiate the acquisition of property whenever possible. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any development agreement to ~~hich the City is a party. Subsection 1-9. Open Space to Be Created (Modified February 19, 2002, to inc/ude the jollowmg) Any open space ~s~ithin the Northeast Eagan Development District No. 2 and the Redevelopment Project will be created in accordance with the zoning and land use ordinances of the City. Subsection 1-10. Administration and Maintenance of Northeast Eagan Development District No. 2 (Modified February 19, 2002, to rend ns follows) Maintenance and operation of the Northeast Eagan Development District No. 2 will be the responsibiliri of the Assistant Cit} Administrator. Each dear. the administrator of the Northeast Eagan Development District No. 2 will submit to the City Council the maintenance and operation budget for the following year. The administrator of the Northeast Eagan Development District No. 2 will administer the Development Program pursuant to the provisions of the Enabling Act_ provided, however, that such powers may only be exercised at the direction of the City Council and, in the case of the Redevelopment Project. the EDA. Subsection 1-11. Rehabilitation (Modified Februar}~ 19, 2002, to include Nre fol~owi~rg) Owners of properties within the Northeast Eagan Development District No. 2 may be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances, as well as am design standards. Persons who purchase property within the Development District or Redevelopment Project from the City or EDA may be required to rehabilitate their properties as a condition of sale of land. The City and EDA may provide such rehabilitation assistance as may be available from federal, state or local sources. Cih of Ewan. I~tinnesota T~toditication to the Deg elopment Program fur tfie ?~'onheaset Ewan Deg elupmem District No. 2 Project Area 1-~ Subsection 1-12. Property Acquisition (Modified February 19, 2002, to rend as follows) The City or EDA may acquire such property, or appropriate interest therein, within the Northeast Eagan Development District No. 2 or Redevelopment Project as the City or EDA may deem to be necessary or desirable to assist in the implementation of the Development Program and Redevelopment Plan. Subsection 1-13. Modification of the Development Program and/or the Northeast Eagan Development District No. 2 (Modified Fehruary 19, 2002, to include the following) The City reserves the right to alter and amend the Development Program and the Tax Increment Financing Plans, subject to the provisions of state law regulating such action, and to approve modifications to the Redevelopment Plan which maybe under the EDA. T)ie EDA, with City approval, specifically reserves the right to enlarge or reduce the size of the Project Area and the Tax Increment Financing District, the Development Program, the Public Costs and the amount of Tax Increment Bonds to be issued to finance such cost by following the procedures specified in ~Llirzrresota Statures, Section 469.17, subdivision 4. Subsection 1-14. Description of Boundaries of the Northeast Eagan Development District No. 2 and Project Area (Morlifred February 19, 2002, to read as fo/lows) The Northeast Eagan Development District No. 2 will contain the following parcels: See map in Appendix A The Project Area is the area of the Tax Increment Financing District No. 2-4 as described in the Tax Increment Financing Plan therefor. Cite of Eaoan. ~1innesota Modification tv the Derelvpment Prv~ram fyr thyljonheaset Eaean Deg elopment District No. ' Project .Area I -6 APPENDIX A BOUNDARY MAP OF NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 Cite of Easan. Minnesota Modification to [he Development Proeram tJ~ffrtheaset Ewan Development Di~trict'~o. 2 Project Area :1-1 I ~ ~ ~/~~/y)~I Appendix I ` ~ `, o Boundaries of ~1, Development ~ ~ ~ pi strict No. ~ t~ ~~ ~~~ ~ _ ~ j f I,'l~ J(r41. ~C to ~, ~._. ~~ ~. __ , "~~ o O I/ /~ _'_'71FF gym, o Q ~ ~ s ""-~~ E 1 J ---- --»--i~ - ~ ~ ~ _~{_' ... ~ ~~~ ~ ~~ ~~~_~ '_'II _ - - I{7 ~ r ~, ~ I ~~ ~~~~~F z t ~ ~~ I ~ ~~ ~,~-'~~-~-~ ~Q ~ C~ 1". ~ N _ ~ y r~`~ I ~ ~~? ~ s ~~ ~~ ~ '~' ~ I ~ c, ~.~ I ~ ~~~Q' s ~j a~~,3~tOH ~tg ~?i ~~ Cr~~~'' .1 /) ~'~ ~~.- ~ ~~ i ~ ~~ YdCJ~~ ~ ~ ~ ~~ h~ -. ~y ~ 1' r ~ J ~ k1 :'. ice" r \ w f1 a l a Y ~ -• . O ~ 4., c ,i O\~ ~ I a ~ Q ~.: W w ~~ , ~ ~' ~ ~~ ~ a ~ ~J W ti ~_ N u ~, i~w N ~ ~ ~ i t / - ~Y ~f, :C v ,~"""_l p~ a.O N I L . \\jf ~v µl J ,~ it j~ ',~ ~4j- ~ _ rr _ __ Q ^ ` .C"~ . <.L f~. C ¢ 1 11 1' w ~. . I ,.~~~ ACTT-1^\ J APPENDIX B DEVELOPMENT PROGRAM FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2, AS ADOPTED JANUARY 17, 1989 Ciq of Eagan. Minnesota Modification to the Development Pm~ram for /Northeaset Eagan Development District Nn. ? Project Area f3-I V Exhibit A DEVELOPMENT PROGRAM NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 A. STATEMENT OF INTENT It is the intent of the City of Eagan to organize a development district and undertake a development program within the meaning of Minnesota Statutes, Sections 469.124 to 469.134 (the "Development District Act"), and to designate the project area as Development District No. 2 (the "Development District") for purposes of carrying out the transportation improvements hereinafter described and establishing a portion of the project area as a tax increment financing district pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the "Tax Increment Act"), in the financing of the improvements herein described. The boundaries of Development District No. 2 are as set forth in Appendix I hereto. In particular, there has been presented to the City a plan for the construction of certain transportation improvements in order to induce and permit the construction of an office building and training center expansion at the Northwest Airlines headquarters site in particular and to secondarily induce and permit construction of other private developments in the District, all for the purposes of providing employment opportunities and enhancing the tax base of the City. B. STATEMENT OF NEED There is a need for new development in the City to provide employment opportunities, to increase the tax base and to improve the general economy of the state and the City. This need can be accomplished through the attraction of commercial development. In the case of the District, significant development can be attracted by the Program described herein. The action herein proposed to be taken by the City is found to have a public purpose in accordance with the Development District Act and is necessary to meet those needs. The primary commercial development which the City believes will be attracted as a result of the creation of the Development District and implementation of the Program is the expansion of the Northwest Airlines corporate headquarters site in the City. Northwest Airlines has submitted to the City a proposed amended Master Plan for its corporate headquarters site which illustrates the locations and sizes of the buildings and parking facilities proposed to be constructed on the site by the year 2005. A reduced copy of the Master Plan is attached hereto as Appendix 2. The Master Plan contemplates construction of approximately 1,000,000 square feet of office and commercial space. While the most recent environmental ~/ impact statement covering the area concludes that this additional development could occur, it acknowledged that it would cause a traffic problem. An existing indirect source permit for the site does not permit the additional development. The City believes that, with implementation of the Program, Northwest Airlines can obtain an amendment to the existing indirect source permit which would enable the Northwest Airlines Master Plan to be completed. In addition, the City believes that implementation of the Program will permit other significant private developments to occur within the District without undue traffic congestion. The traffic problems associated with commercial development in that portion of the Development District generally known as the Lone Oak site have studied by consulting engineers. These studies are on file at the office of the City Administrator. C. AUTHORITY TO ESTABLISH A TAX INCREMENT DISTRICT AND TO IMPLEMENT A DEVELOPMENT PROGRAM The City has power to establish a tax increment financing district under the Tax Increment Act and to undertake development programs as defined in the Development District Act. The City has authority under the Development District Act to acquire, construct, reconstruct, improve, alter, extend, operate, maintain or promote developments aimed at improving the physical facilities, quality of life and quality of transportation. D. DEVELOPMENT PROGRAM OBJECTIVES The objectives sought to be accomplished by the City in establishing its Development District No. 2 and in carrying out the Development Program for the Development District are as follows: 1. To promote and secure development and expansion of new business. 2. To provide employment opportunities through the creation of new jobs. 3. To expand the tax base of the City. 4. To improve transportation within the City. E. DEVELOPMENT DISTRICT ACTIVITIES The objectives of this Development District will be accomplished through the actions described below. 2a The specific public transportation facilities to be constructed in the Development District and the timing thereof will ultimately depend on a number of factors, including but not limited to the timing and nature of private development in the Development District, the degree of cooperation by other local governments and the Minnesota Department of Transporta- tion, the availability of necessary permits from the Metropolitan Council, the Minnesota Pollution Control Agency and other governmental authorities and the availability of financing. As of the date hereof, the City has identified the following transportation improvements as the planned activities to be constructed in cooperation with the Minnesota Department of Transportation, Dakota County and other affected jurisdictions: 1. Intersection Capacity Improvements. Intersection capacity improvements, consisting primarily of the addition of turn lanes, are proposed to be constructed at certain intersections in the Development District. 2. Interchange. An interchange for I-494 is proposed to be constructed east of T.H. 149 and west of Delware Avenue. 3. Connection I 35E to T.H. 149. A direct connec- tion would be constructed from northbound 135E to T.H. 149. 4. Widening of T.H. 149. The T.H. 149 bridge over I-494 would be expanded to provide an additional lane in each direction. The third lane would begin at the northerly I-494 ramp terminal and continue through the T.H. 149 intersection with Northwest Parkway. As indicated above, the ultimate design and location of these proposed transportation improvements, and the selec- tion of alternatives, are subject to a number of considera- tions. The eventual configurations, however, must satisfy the basic minimum requirements that they (a) are of such design and location that they permit Northwest Airlines to obtain an indirect source permit for construction of improvements -~ proposed to be completed at that site for the next five years and (b) can be completed with projected tax increment revenues from the proposed Tax Increment Financing District and funds provided by Northwest Airlines and other governmental units. In addition, the design and location will reflect the relationship of the improvements to the enhancement of additional commercial development, the availability of additional revenue and the needs of local residents and other governmental units. -3- 73 F. LAND USE All development on lands in Development District No. 2 will be for the uses described above and for uses permitted by law. The Development Program does not involve any restrictions on the use of private property. Rather, the Development Program is intended to reduce development restrictions on private property resulting from transportation limitations in the District, thereby permitting the development of private property to its full potential. G. LAND ACQUISITION No properties are to be acquired by the City in connection with the Development Program, except right-of-way necessary for the construction of the transportation improvements described above. H. ADMINISTRATION The City Administrator shall be responsible for the administration of Development District No. 2 on behalf of the City of Eagan. I. ENVIRONMENTAL CONTROLS The private development by Northwest Airlines described above will be subject to an amended indirect source permit issued by the Minnesota Pollution Control Agency. Construction of the improvements will be subject to all environmental permits and controls required by law. No additional environmental controls are contemplated as part of the Development Program. J. MAINTENANCE AND OPERATION. The maintenance and operation of the transportation improvements constructed as part of the Program is expected to be the responsibility of the governmental unit having jurisdiction and responsibility therefor. It is expected that improvements under the jurisdiction of the City will be operated and maintained in the same manner as other City streets from general funds appropriated or available therefor. K. COORDINATION WITH OTHER GOVERNMENTAL UNITS Construction of the transportation improvements contemplated by this Development Program will require coordination with other affected governmental units, including the Minnesota Department of Transportation, the Metropolitan Council, Dakota County and the City of Mendota Heights. ~~ Among other considerations, a portion of the contemplated transportation improvements are expected to be constructed in the City of Mendota Heights in the right-of-way which is under the jurisdiction of the Minnesota Department of Transportation. The City may, by cooperative agreement with the City of Mendota Heights, seek to have the boundaries of the Development District expanded to include areas in the City of Mendota Heights in which a portion of the improvements are to be located. The City may also seek to have the Eagan Housing and Redevelopment Authority create a redevelopment project area established on the same area as the Development District or may seek to have the Dakota County Housing and Redevelopment Authority create a project area which covers the area in which the transportation improvements are to be constructed. 2103e -5- ~S As of February 13, 2002 Draft for Council RevieTv TAX INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FINANCING DISTRICT NO. 4 (a redevelopment district) within NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN STATE OF MINNESOTA Public Hearing: Februar}' ]9. 2002 Adopted: E H L E R S Prepared by: FREERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 8 ASSOCIATES i r, c 651-697-8500 fax, 651-697-8555 www.ehlers-inc.com ~6 TABLE OF CONTENTS (for reference purposes only) SECTION II TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 ........................... . 2-1 Subsection 2-1. Foreword ............................................. . 2-1 Subsection 2-2. Statutory Authority ...................................... . 2-1 Subsection 2-3. Statement of Objectives .................................. . 2-1 Subsection 2-4. Redevelopment Plan Overview ............................. . 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired 2-2 Subsection 2-6. Classification of the District ............................... . 2-2 Subsection 2-7. Duration of the District ................................... . 2-4 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements 2-4 Subsection 2-9. Sources of Revenue/Bonded Indebtedness ................... . 2-5 Subsection 2-10. Uses of Funds ......................................... . 2-6 Subsection 2-11. State Tax Increment Financing Aid (Local Contribution) .......... . 2-6 Subsection 2-12. Fiscal Disparities Election ................................. . 2-6 Subsection 2-13. Business Subsidies ..................................... . 2-7 Subsection 2-14. County Road Costs ..................................... . 2-7 Subsection 2-15. Estimated Impact on Other Taxing Jurisdictions ................ . 2-7 Subsection 2-16. Supporting Documentation ................................ . 2-8 Subsection 2-17. Definition of Tax Increment Revenues ....................... . 2-8 Subsection 2-18. Modifications to the District ................................ . 2-8 Subsection 2-19. Administrative Expenses ............................... . 2-9 Subsection 2-20. Limitation of Increment ................................... 2-10 Subsection 2-21. Use of Tax Increment .................................... 2-11 Subsection 2-22. Excess Tax Increments .................................. 2-11 Subsection 2-23. Requirements for Agreements with the Developer .............. 2-11 Subsection 2-24. Assessment Agreements ................................. 2-12 Subsection 2-25. Administration of the District ............................... 2-12 Subsection 2-26. Annual Disclosure Requirements ........................... 2-12 Subsection 2-27. Reasonable Expectations ................................. 2-12 Subsection 2-28. Other Limitations on the Use of Tax Increment ................ 2-13 Subsection 2-29. Summary ............................................. 2-13 APPENDIX A -PROJECT DESCRIPTION ...................................... A-1 APPENDIX B -MAP OF NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 AND THE DISTRICT .................................................... B-1 APPENDIX C -DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT ... C-1 APPENDIX D -ESTIMATED CASH FLOW FOR THE DISTRICT ..................... D-1 APPENDIX E -MINNESOTA BUSINESS ASSISTANCE FORM ...................... E-1 APPENDIX F -REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT ........... F-1 APPENDIX G -BUT/FOR QUALIFICATIONS .................................... G-1 ~7 SECTION /I TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 Subsection 2-1. Foreword The Eagan Economic Development Authority (the "EDA"), the City of Eagan (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 4 ("the District"), a redevelopment tax increment financing district, located in tl~e Northeast Eagan Development District No. 2. Subsection 2-2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to 1tlinnesota Statutes ("M.S.'), 469.090 through 469.1081, inclusive, as amended, and tL1.S., Sections 469.17-~ through x69.179, inclusive, as amended (the "Tax Increment Financing Act" or "T1F Act"), to assist in financing public costs related to this project. This Section contains the Tax Increment Financing Plan (the "Plan") for Tax Increment Financing District No. 4. Other relevant information is contained in the Development Program for Redevelopment Project No. 2. Subsection 2-3. Statement of Objectives The District currently consists of 29 parcels of land and adjacent and internal rights-of-wa}. The District is being created to facilitate a redevelopment project that is intended to provide consistency in land use planning and improvement of existing conditions in the City of Eagan. Contracts for this have not been entered into at the time of preparation of this Plan, but the date when development is likely to occur is Spring 2002. This Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Redevelopment Project No. 2. The activities contemplated in the Development Program and the Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Northeast Eagan Development District No. 2 and the District. Subsection 2-4. Redevelopment Plan Overview ., 1. Property to be Acquired -Selected property located within the District may be acquired by the EDA or City and is further described in this Plan. 2. Relocation -Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal la+vs. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the EDA or City may sell to a developer selected properties that they may acquire within the District or may lease land or facilities to a developer. 4. The EDA or City may perform or provide for some or all necessary acquisition, Eagan Econumic Development .~uthorih Tai Increment Financing Plan for Tai Increment Financing District No. a 2-1 ` ~~ construction, relocation, demolition, and required utilities and public streets work within the District. Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-svay identified by the parcels listed below. See the map in Appendix B for further information on the location of the District. Parcel Numbers 100020007025 100020005026 100020006025 10002000]03] 100020005025 100020001029 100020004025 100020002029 ]00020003025 105332008000 100020002025 ]05332008100 100020004032 105332008200 ]00020003032 ]05332007100 100020007032 105332007200 100020006032 105332005200 100020005032 ]06445005000 ]0002000]026 ]05332003200 100020002026 103610002001 100020003026 ]036]000]00] 100020004026 Subsection 2-6. Classification of the District The EDA and City, in determining the need to create a tax increment financing district in accordance ~~ ith IL1 S., Sections 469J74 to 469.179, as amended, inclusive, find that the District, to be established. is a redevelopment district pursuant to .~I1 S., Section -169.174, Subd. 10(a)(1) as defined below: (a) "Redevelopment district"mealasat}peoftaxincrementTnaneilagdistrictcorlsistingofaproject. or portions of a project, lrithin ~t•hich the authority finds by resolution that one or more oJthe follo~ring conditions, reasonably distributed throughout the district. exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets. ut11T17eS, paved or gravel parking lots or other similar structures and more than ~0 percent of the buildings, not including outbuildings, are structural]}' substandard to a degree requiring substantial renovation or clearance; or (2) The property consists of scant, unused, zmderzrsed. inappropriately used, or infi•eguently used rail yards, rail storage facilities or excessive or vacated raib•oad rights-of--fray: or (3) talk facilities, 01• property tirhose immediately previous use mns for tank facilities. as defrned in Sectiolr 11.iC, Subd. 1 S, if the tank facility: (i) hai~e or hnd a capacity of more thalr o11e million gallolas; (ii) rn•e located adjacent to rail facilities; or (iii have been removed, or are tnnTSed, underused, inappropriately used or infi•equenth• used.. ~~ . Eagan Frnnomic Development Au~horiq Tai Increment F~nancmg Plan for Tai Increment Financing Distract ~o a ?-_' (b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in structural elements or a combination ofdeficiertcies inessential utilities andfacilities, light and ventilation, fire protection irrcl uding adequate egress, layout and condition of rnterr0r"par'tlt IOrrS, or similar factors, which defects or deficiencies are of sufficient total significance to just substantial renovation or clearance. (c) A building is not structurally substandard ifit is incompliance -vith the building code applicable to netiv buildings or could be modified to satisfy the building code at a cost of less than 1 ~ percent of the cost of constructing a ne1~> structure of the same square footage and t}pe on the site. The municipality may f rid that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably rn~ailable evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. The nrunicipaliry may Trot make such a determination ~1•itlrorlt an interior inspection of the property, but need not have an independent, expert appraisal prepared of the cost of repair and rehabilitation of the building. An interior inspection of the property is not required if the nrrmicipali>)• frrzds that (1) the municipality or authoritj• is unable to gain access to the property after using its best efforts to obtain permission from the party that o1r•ns or controls the property; and (2) the evidence other~l~ise supports a reasonable corrchrsion that the building is structurally substandard .. (d) A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) if all of the follo~ring conditions are met: (1) the parcel was occupied by a substandard building irithin three years of the filing of the request for certification of the parcel as part of the district lrith the courrt~~ auditor: (2) the substandard building ryas demolished or r•emoi~ed b}' the authority or the demolition or removal 11•as financed by the authority or eras done by a developer under a development agreement kith the authority; (3~ the authority fornrd by resolution before the demolition or removal that the prn~cel eras occupied by a structurallysubstandard building and that after demolition arrd clern•ance the authority intended to include the parcel ~rithirr a district; and (~) upon filing the request for certification of the ta_r capacity of the parcel as part of a district. the arrthoritl~ notifies the counn~ auditor that the original tax capacit}• of the parcel must be adjusted as provided by ,~ -169.1 i 7, subdirisiorr 1, paragraph (h). (e) For put poses of this subdivision, a parcel is not occupied by buildings, streets, utilities. pared or gral~el parking lots or other similar strzrdur•es unless LS percent of the area of the parcel contains bzildings, streets, utilities, paled or gravel parking lots or other similar sn•trctures. (~ For districts consisting of rlro or more noncontiguous areas, each a-•ea must qualifi• as a redevelopment district under paragraph (a) to be included in the district, and the entire area of the district must satisfy' paragraph (a). In meeting the statutory criteria the EDA and City rely on the follo~~ ing facts and findings: ^ The District is a redevelopment district consisting of 29 parcels. ^ An im~entory shoes that parcels consisting of 70 percent of the area in the District are occupied by buildings. streets. utilities. paved or gravel parking lots or other similar structures. ^ An inspection ofthe buildings located within the District findsthat more than 50 percent of the buildings are structurall. substandard as defined in the T1F Act. (See Appendix F). Eagan Economic Development Authorih Tai lnerement F~~lan for Tas Increment Financing District Na. ~1 2-3 Pursuant to 469.176 Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of Section 273.111 or 273.112 of Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Subsection 2-7. Duration of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must be indicated within the Plan. Pursuant to tfi.S, Section 469.176, Subd. Ib, the duration of the District will be 25 years after receipt of the first increment by the EDA or City (a total of 26 years). The date of receipt by the City of the first tax increment is expected to be 2004. Thus, it is estimated that the District, including any modifications of the Plan for subsequent phases or other changes, would terminate after 2029, or when the Plan is satisfied. If increment is received in 2003, the term ofthe District will be 2028. The EDA or City reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M. S., Section 469.174, Subd. 7 and ~lI S., Section 469.177. Subd. 1, the Original Net Tax Capac ity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2001 for taxes payable 2002. Pursuant to M.S, Section 469.177, Subds. 1 rn7d 2, the County Auditor shall certify in each year (beginning in the payment year 2003) the amount by which the original value has increased or decreased as a result of: 1. change in tax exempt status of property: 2. reduction or enlargement of the geographic boundaries ofthe district; 3. change due to adjustments, negotiated or court-ordered abatements: 4. change in the use of the property and classification; 5. change in state law governing class rates; or 6. change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment ..-ill be payable to the EDA or City. The original local tax rate for the District will be the local tax rate for taxes pa}'able 2002, assuming the request for certification is made before June 30, 2002. The Original Tax Capacity and the Original Local Tax Raie for the District appear in the table below. Pursuant to M.S., Section -169.174 Subd ~l and tlf S., Section 469.177, Subd. 1, 2, and ~1, the estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project No. 2, upon completion _ ofthe project, will annually approximate tax increment revenues as shoe n in the table below. The EDA and City request ] 00 percent ofthe available increase in tax capacity for repayment of its obligations and current expenditures. beginning in the tax year payable 2003. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Eaean Economic Deg elupment ,authurih Tai Increment Fii cii>~Ylan fur Tai ]ncrement Financins District 1\0. ~3 2-~l Project Estimated Tax Capacity upon Completion (PTC) 1,515,756 Original Estimated Net Tax Capacity(ONTC) 208,269 Estimated Captured Tax Capacih' (CTC) 1,307,487 Original Local Tax Rate 0.84988 Pay 2002 est. Estimated Annual Tax Increment(CTC x Local Tax Rate) 1,111,207 Percent Retained by the EDA 100% Pursuant to M.S, Section 469.177, Subd. 4, the EDA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to X1.5., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Plan by the municipality pursuant to Al S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The EDA is reviewing the area to be included in the District to determine if any building permits have been issued during the 18 months immediately preceding appro~~al of the Ylan by the City. Subsection 2-9. Sources of RevenuelBonded Indebtedness Public improvement costs, acquisition, relocation, utilities. parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The EDA or City resen~es the right to use other sources of revenue legally ap- plicable tothe EDA or City and the Plan, including, but not limited to, special assessments, general propem taxes.. state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income. to pay for the estimated public costs. The EDA or City reserves the right to incur bonded indebtedness or other indebtedness as a result ofthe Plan. As presently proposed, the project will be financed by a pay-as-you-go note and an interfund loan or transfer. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness or other indebtedness related to the use of tax increment financing will not exceed $5.030.000 without a modification to the Plan pursuant to applicable statutory requirements. This provision does not obligate the EDA or City to incur debt. The EDA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The EDA or City may also finance the activities to be undertaken pursuant to the Plan through loans from funds of the EDA '' or City or to reimburse the developer on a "pad-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table below. SOURCES OF FI?NDS TOTAL Tax Licrement $~ 1.300.000 PROJECT REVENUES 531,300,000 Interfund loans from the Cite. EDA, or other districts may be used to coyer project expenses of Tax Increment Financing District No. -~. ]t is the City's intention to pay back the interfimd loans with tax increment from District No. ~. Ewan t conOn71C Development :luthorit~ Tai Increment Fin m~ 1 t fnr Tai Inerement Financing District Nn. ~3_-> Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate a redevelopment project that is intended to provide consistency in land use planning and improvement of existing conditions in the City of Eagan. The EDA and City have determined that it will be necessary to provide assistance to the project for certain costs. The EDA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF FUNDS TOTAL Land/Building Acquisition $3,500,000 Site Improvements/Preparation $3,500.000 Public Utilities $750,000 Parking Facilities $654,000 Streets and Sidewalks $557,500 County Road Improvements $385,000 Other Public Improvements $653,500 Interest $ ] 8, l 70,000 Administrative Costs (up to I O%) $3,130,000 PROJECT COSTS TOTAL $31,300,000 Estimated costs associated with the District are subject to change among categories without a modification to this Plan. The cost of atl activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to,'I~I.S, Section 169.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of Redevelopment Project No. 2, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this Plan. Subsection 2-11. State Tax Increment Financing Aid (Local Contribution) The 2001 Legislature eliminated the provisions for a reduction in state tax increment financing aid (R]STIFA) or the alternative qualifying local contribution. Subsection 2-12. Fiscal Disparities Election ...-~ Pursuant to lt1 S., Section =169.177, Subd. 3, the EDA or City may elect one of t,vo methods to calculate fiscal disparities. if the calculations pursuant to M.S.. Section ;169.177, Subd. 3, clause b, (.within the District) are followed, the following method of computation shall apply: (1) The original net tac capacih~ shall be determined before the application of the fiscal disparity 1)1"Ol'TSTO7IS Of Chapter 276.9 or -173F. The current net tax capacity shall exclude any frscal disparity connnercial-indush•ial net tax capacity increase betireen the original year and the current year multiplied by the fiscal disparit}• ratio determined pursuant to A1. S., Section Z76A.06. sarbdi-~isioTT 7 or A1S'., SectioTi -173F.08, subdivision 6. II"here the original +Tet tax capacih• is equal to or greater than the current net taw capacih•. there is no captured tai capacih' and no tar increment determination. 1I here the original tax capacih• is less than the Easan Economic Deg elopment Authority- Tax Increment Fi ii>~an for Tax Increment Financins District No -1 2-6 current tax capacity, the difference between the original net tax capacity and the current net tax capacit}~ is the captured net tax capacity. This amount less any portion thereof x~hich the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended agaitzst the retained captured net tax capacity of the authority as titi~ell as the net tax capacity of the local taxing districts. The tax generated by the extension of the less of (A) the local tainig district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The EDA or City shall submit to the County Auditor at the time ofthe request for certification which method of computation of fiscal disparities the EDA or City elected. The EDA s~•ill choose to calculate fiscal disparities by clause b. According to M.S., Section 469.177, Sz+bd. 3: (c) The method of conzputatiozz of tax increment applied to a district pursuant to paragraph (aJ or (b) shall remain the same for the duratio~z of the dish•ict, e_rcept that the governing body ma}' elect to change its election_fi-orn the method of computation in paragraph (a) to the method in paragraph (b). Subsection 2-13. Business Subsidies To the extent applicable, the EDA or City agrees to comply with M.S., Section 1 16J.993 to 1 16J.994, which states that a local unit of government granting financial assistance to a business for economic development or job growth purposes, including tax increment financing, must establish business subsidy criteria and approve a business subsidy agreement with the business receiving the assistance. (See Appendix E). Subsection 2-14. County Road Costs Pursuant to ;'BLS.. Section 469.17.1. Subd. la. the county board may require the EDA or City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. The budget for the District includes $385,000 to assist with the cost of county road improvements, in ~' response to the county's comments. Subsection 2-15. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the Plan would occur without the creation of the District. However. the EDA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that. therefore. the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of tl~e District would be as follows if the "but for" test was not met: Ewan Econanic Deg elopment .4uthoritc Tai Increment Fin t an for Tai Increment Financins District 7`'0. a '_- i IMPACT ON TAX BASE 2001/2002 est. Estimated Captured Total Net Tax Capacity (CTC) Percent of CTC Tax Capacity Uaon Com pletion to Entit~Total Dakota County 277,928,960 1,307,487 0.4704% City of Eagan 60,712,127 1,307,487 2.1536% ISDNo.197 46,126,832 1,307,487 2.8345% IMPACT ON TAX RATES 2001/2002 est. Percent Potential Extension Rates of Total CTC Taxes Dakota County 0.330720 38.91% 1,307,487 432,412 City of Eagan 0.316430 37.23% 1.307,487 413,728 ISD No. l 97 0. ] 52330 17.92% ],307,487 199,169 Other 0.050400 5.93% 1.307.487 65,897 Total 0.849880 100.00% 1,111,207 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the estimated 2001 /Pay 2002 rate. The total net capacit}~ for the entities listed above are based on estimated Pay 2002 figures. The District will be certified under the actual 2001 /Pay 2002 rates. Subsection 2-16. Supporting Documentation Pursuant to ~1 S Section -169.175 Si+bd la, clause 7 the Plan must contain identification and description of studies and analyses used to make the determination set forth in X1.5. Section 469.175 Subd 3, clause (2). A list of reports and studies that support the authority's findings is on file at the City. Subsection 2-17. Definition of Tax Increment Revenues Pursuant to M. S.. Sectron -169.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under X1.5., Section -369.177; 2. the proceeds from the sale or lease of property, tangible or intangible, purchased by the authority with tax increments; 3. repayments of loans or other advances made by the authority with tax increments; and 4. interest or other investment earnings on or fro-n tax increments. Subsection 2-18. Modifications to the District In accordance st ith M.S.. Section 469.175, Subd. 4, any: ] . reduction or enlargement of the geographic area of Redevelopment Project No. 2 or the District: 2. increase in amount of bonded indebtedness to be incurred. including a determination to capitalize interest on debt if that determination .vas not a part of the original plan, or to increase or decrease tl~e amount of interest on tl~e debt to be capitalized: Eagan Economic Deg elopment Authoritc Tax Increment~~en, ' _ Ian for Tax Increment Financins District No. ~i 2-8 increase in the portion of the captured net tax capacity to be retained by the EDA or City; increase in total estimated tax increment expenditures; or designation of additional property to be acquired by the EDA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original Plan. Pursuant to Al S. Section 469.17.1 Subd. 4(b), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts forthe determination that the addition to the district meets the criteria of ]41.5., Section 469.174, Subd. 10, paragraph (a), clauses (1) to (5), must be documented in writing and retained. The requirements of this paragraph do not apply if (1 }the only modification is elimination of parcel(s) from Redevelopment Project No. 2 or the District and (2) (A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the EDA agrees that, notwithstanding ~l1 S., Section -169.177, Subd. 1, the original net tax capacity wi l1 be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The EDA or City must notify the County Auditor of any modification that reduces or enlarges the geographic area of Redevelopment Project No. 2 or the District. l~lodifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the Plan. y Subsection 2-19. Administrative Expenses L~ accordance with M.S, Section 469.174, Sa+bd 14, and ~t1S., Section -169.176. Subd. 3, administrative expenses means all expenditures of the EDA or City. other than: l . amounts paid for the purchase of land: 2. amounts paid to contractors or others providing materials and services, including architectural and engineering services. directly connected ~~ ith the physical development of the real property in the project; 3. relocation benefits paid to or sen-ices provided for persons residing or businesses located in the project: or 4. amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to :~1 S...Section -169.178: or 5. amounts used to pay other financial obligations to the extent those obligations ~~ ere used to finance costs described in sections 1 to 3. For districts for ~~~hich the request for certilicatio-~ were made before August 1, 1979, or after June 30, 198?. administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants. _, and planning or economic development consultants. Tax increment may be used to pay any authorized and documented administrati~~e expenses for the District up to but not to exceed 10 percent of the total tax increment expenditures authorized b} the Plan or the total tax increment expenditures for Redevelopment Project No. 2, whichever is less. Pursuant to A1.S., Section 469J76. Subd. 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with the District. The count}' may require pa} meat of those expenses by February 1 ~ of the year follo~~ ing the year the expenses were incurred. Pursuant to ,tLS.. Section 469. 1; %, Subd 11, the county treasurer shall deduct an amount equal to 0.2~ percent of any increment distributed to the EDA or City and the county treasurer shall pay the amount deducted to the state treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and Eagan Economic Deg elopment Aulhorit~ Tas Increment V 'V Plan for Tai Increment Financing District tio. -l 2-9 auditing authorities' use of tax increment financing. Subsection 2-20. Limitation of Increment Pursuant to Al S., Section 969.176, Subd 1 a, no tax increment shall be paid to the EDA or City for the District after three (3) years from the date of certification of the Original Net Tax Capacity value of the taxable property in the District by the County Auditor unless within the three (3) year period: (I) bonds have been issued in aid ofthe project containing the District pursuant to ~1 S., Section 469.178, or any other law, except revenue bonds issued pursuant to M.S., Sections 469.152 to 469.165, or (2) the EDA or City has acquired property within the District, or (3) the EDA or City has constructed or caused to be constructed public improvements within the District. The bonds must be issued, or the EDA or Cit} must acquire property or construct or cause public improvements to be constructed by approximately December, 2004 and report such actions to the County Auditor. The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to M.S.. Section 469.176. Subd. 6: if, after foul, years from the date of certification of the original net tax capacity of tl7e tax increment f l1allCmg dlStl•!Ct p11YSUallt t0 f~1 S., SeClloll 469. I77, 110 de1710ht1o11, Pe1lalJthtatlol? Or J•en01'at101? of propertty or other site preparation, including qualified inlprol•ement of a street adjacent to a parcel but not installation of tltilit}' service including seiner or water s}stems, has been conunenced on a parcel located +rithill a tat increment financing district ly, the authol•it}~ or by the oti+~nel• of the pal•cel ill accordance Frith the tar increment f nancing plan, no additional tar increment Inay he taken from that parcel and the original llet tax cupacit}~ of that parcel shall be excluded from the original Ilet tax capacity of the tax increment financing district. If the azthority or the o~rner of the pal•ce1 subsequentl}' conznlences demolitiolz, rehabilitation ol• rello~~ation or other site preparation on that parcel illcludnlg qualified improrement of a street adjacent to that parcel, in accordance ++~i[Iz the tax increment financing plan, the authority shall cert~~ to the county auditor that the actirir}• has commenced and the county auditor shall certifi' the net tax capacity thereof as most -= recently certified by the coninlissioner of re+•enue and add it to the original net tax capacity of the tax increment financing disn•ict. The coullh• auditor must enforce the provisions of this Subdll'ISI0l1. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth },ear following the year in lrhich the parcel +ras certified as included in the district. For purposes of this subdivlsiorl. gllahfied inlprorenlents of a street are limited to (I) consn°zrction or opening of a ne+rsn•eet. (2) relocation ofa street, and (3) szrbstantial reconstruction or rebuilding of an existing street. The EDA or City or a property o~~ ner must improve parcels ~~~ithin the District by approximately December. 200 and report such actions to the County Auditor. Eagan Economic Development Authority Tai Increment F' n~ins an for Tai increment Financine District No. -1 Z-10 Subsection 2-21. Use of Tax Increment The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: ] . to pay the principal of and interest on bonds issued to finance a project; 2. to finance, or otherwise pay the cost of redevelopment ofthe Redevelopment Project No. 2 pursuant to the M.S., Sections 469.090 to 469.1081; 3. to pay for project costs as identified in the budget set forth in the Plan; 4. to finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. to pay principal and interest on an}' loans, advances or other payments made to or on behalf the EDA or City or for the benefit of Redevelopment Project No. 2 by a developer; 6. to finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the Plan or pursuant to M.S., Chapter 462C. M. S., Sections 469. Lit through 469.165, and/or MS., Sections 469.178: and 7. to accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M. S., Chapter 462C. ~L1.S., Sections -169. Lit >hrough 469.16.1, and/or M.S., Sections 469.178. Tax increments may not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by ~L1 S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by to the EDA for the Tax Increment Fund of said District. The EDA or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation. and administration. Remaining increment funds swill be used for EDA or City administration (up to ] 0 percent) and the costs of public improvement activities outside the District. Subsection 2-22. Excess Tax Increments Pursuant to ASS., Section d69J76, Sarbd 2, in any year in .which the tax increment exceeds the amount necessary to pay the costs authorized by the Plan, includins the amount necessary to cancel any tax levy as provided in A1. S., Section 47.1.61, Subd. 3, the EDA or City shall use the excess amount to do any of the following: 1. prepay any outstanding bonds; 2. discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the payment of such bonds; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. y In addition, the EDA or City may, subject to the limitations set forth herein, choose to modify the Plan in order to finance additional public costs in Redevelopment Project No. 2 or the District. Subsection 2-23. Requirements for Agreements with the Developer The EDA or City ~a-ill review any proposal for private development to determine its conformance with the Redevelopment Plan and ~~ith applicable municipal ordinances and codes. To facilitate this effort. the following documents may be requested for review and approval: site plan. construction, mechanical, and electrical system drawings, landscaping plan, grading and stone drainage plan, signa~e s}stem plan. and any other drawings or narrative deemed necessary b} the EDA or Cite to demonstrate the conformance of the development ~~ ith City plans and ordinances. The EDA/oar/City ma}' also use the Agreements to address other Ewan Economic Development Authorit} Tai Increment F ndw~ Plan for Tas ln.rement Financine District No. a '-1 I issues related to the development. Pursuant to A1.S, Section 469.176, Subd. S, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the Plan shall at any time be owned by the EDA or City as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469. ] 78 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent ofthe acreage, the EDA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the EDA or City should the development or redevelopment not be completed. Subsection 2-24. Assessment Agreements Pursuant to M.S., Section 469.177, Subd 8, the EDA or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the county assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears. in the judgment of the assessor, to be a reasonable estimate, the county assessor shall also certify the minimum market value agreement. Subsection 2-25. Administration of the District Administration of the District will be handled by the Assistant City Administrator. Subsection 2-26. Annual Disclosure Requirements Pursuant to MS., Section 469.175, Subd..i, 6 and 6n the EDA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board. County Auditor and School Board on or before August l of each year. X11.5.. Section 4b9.175, Subd ~ also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August ] 5. if the City fails to make a disclosure or submit a report containing the information required by X11 S Section 469.1; ~ Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-27. Reasonable Expectations As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be -' expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtractingthe present value ofthe projected tax increments for the maximum duration ofthe District permitted by the Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon EDA and City staffa~careness ofthe feasibilityofdevelopingthe project site. A comparative analysis ofestimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax rncrements. Ewan [conomic Development Authorih Tat Increment Fin ~in~in for Tax Increment Financing District No. ~ 2-12 Subsection 2-28.Other Limitations on the Use of Tax Increment General Limitations. All revenue derived from tax increment shall be used in accordance with the Plan. The revenues shall be used to finance, or otherwise pay the cost ofredevelopment ofthe Redevelopment Project No. 2 pursuant to the M.S., Sectiotzs 469.090 to 469.1081. These revenues shall not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business ofa municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds ofthe bonds were used to finance activities within said district or to pay, or secure payment of; debt se--vice on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise. on activities outside of the District except to pay, or secure payment of; debt service on credit enhanced bonds. For purposes of applying this restriction; all administrative expenses must be treated as if they were solel} for activities outside of the District. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in ~L1.S., Section 469.1763, Subd 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures orcredit enhanced bonds as more fully set forth in M.S., Section ;169.1763, Subd. ~. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation ofredevelopment and renewal and renovation districts underAl S., Section 469.176 Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants; acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures. clearing of the land. the removal of hazardous substances or remediation necessary for development of the land; and installation of utilities. roads; sidewalks, and parking facilities for the site. The allocated administrative expenses ofthe EDA or City. including the cost of preparation of the development action response plan. may be included in the qualifying costs. Subsection 2-29. Summary The Eagan Economic Development Authority is establishing the District to preserve and enhance the tax base. redevelop substandard areas, and provide employment opportunities in the City. The Tax Increment Financing Plan for the District was prepared by Ehlers & Associates, lnc., 3060 Centre Pointe Drive, Roseville; Mim~esota 551 ] 3, telephone (6~ I) 697-800. Easan Economic Deg elopment Auihorit~ Tax Increment Fir~i~n fnr Tax Increment Financine District Nn. a 2-13 APPENDIX A PROJECT DESCRIPTION The redevelopment is intended to provide consistency in land use planning and improvement of existing conditions. Areas north of Highway 55 are currently designated as Special Area. However, the ultimate Comprehensive Guide Plan and Zoning for these areas will be Business Park. The presently considered projects in these areas are consistent with the Business Park designation. The south side of Highway 55 is zoned Industrial, and any potential redevelopment will be to improve the character and utility of that area for industrial or other compatible use. APPENDIX / .-~-~ APPENDIX B MAP OF NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 AND THE DISTRICT APPENDIX ~ B_~ 1t. ~. `= Y _ _ _ ., i ~ _- ~f /~ j~ ~~ i .... C...~! _ r ,- / / i is ~, ~ 'ice ~j ' ~. I I mi 1~ } ~ j \\i~ ~~ \'1 ~, 1 J l ' T- ~ --- ~ . r ~ ~\~ ~ \ ~,\\ ~~/, ~ j /,mod /, ~:t = f ~ ,~ i T' v/ N ~~ ~. ~7 M ~ n `7 Lj ~ N ~~ . ~ ~ 1~ 3 ~ ~ / / O N ~} ~ ' ~ d r t\ \ _ f ~ I OO p -____ ~ ,~.,- tf __ ' ~ rn ~ / ~j '"~~ ,v 8 U N I ~ ~ Cr-9 '` Q v i 1 ~ / ~ ~~ ' 4, o ' 9 fl ~:. o ~~ ? / ~~ ~~ ! ~~© N c~ o ~ /~ Q O _ .. I ., rJ-- a Z m m o~ I c p m ~ v I / ~ G~7i o>= ~ ~ m ~ w o~ _ .., - r. ; --- -- -- - - f: j ~ - .._ - C - LL cv o ~ o ,'r' / ~ ;i ,~ -- a APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT The District encompasses all property and adjacent rights-of-~'.~ay identified by the parcel(s) listed below. City of Eagan Tax Increment District No.2-4 -Parcel and Building Information 1 MAP ID: TAXPIN: 100020007025 Property Owner: THOMAS E 8 GERALDINE BENSON 17554 BEARPATN TRAIL EDEN PRAIRIE MN 55347-3488 Zoning: R- 1 Land Use Guide: SA Bldg. Data: Year Built: Building Type: Finished Bldg. Sq. ft.: Garage Sq. ft: BEDS: BATH: 2 MAP ID: TAXPIN: 100020006025 PropeRy Owner: EDITH A DRAKE 999 BLUE GENTIAN RD SAINT PAUL MN 55121-1574 Zoning: R- 1 Land Use Guide: SA Bldg. Data: Year Built: 1956 Building Type: Finished Bldg. Sq. ft.: 1.925 0 Garage Sq. 1t: BEDS 3 BATH. 1.75 3 MAP ID: TAXPIN: 100020005025 Property Owner: DANIEL A & BARBARA A NORD 1003 BLUE GENTIAN RD SAINT PAUL MN 55121-1544 Zoning: R- 1 Land Use Guide: SA Bldg. Data: rear Built: 1955 Building Type: Finished Bldg. Sq. ft.: 1,750 0 Garage Sq. ft: BEDS 1 BATH. 15 4 MAP ID: TAXPIN: 100020004025 Property Owner: GREGORY P 8 CORRINE HERRMAN N 1011 BLUE GENTIAN RD - SAINT PAUL MN 55121-1544 Zoning: R- 1 Land Use Guide: SA Bldg. Data: Year Built: 1956 Building Type: finished Bldg. Sq. ft.: 2.424 0 Garage Sq. ft: BEDS 3 BATH 225 5 MAP ID: TAXPIN: 100020003025 Property Owner: GEORGE &GERALDINE VVE INHANDL 1015 BLUE GENTIA RD SAINT PAUL MN 55121-1544 Zoning: R- 1 Land Use Guide: SA Bldg. Data: year Built: 1974 Building Type: Finished Bldg. Sq. ft.: 2.7 i 8 0 Garage Sq. ft: BEDS 3 BATH 225 APPENDIX I Acres (total acres of Tax Parcel): 0604 Assessed Land Value: $19.500.00 Net Tax: $294 82 Assessed Bldg. Value: $0 00 Special Assessment $0 DO Total Assessed Value: $19.500 00 Total Tax: $294 62 Last Sale Date (m/yr): 0 0 Sale Value: $0 DO Acres (total acres of Tax Parcet): 0.337 Assessed Land Value: $33 500 00 Net iax: $1 .207 98 Assessed Bldg. Value: $101 200.00 Special Assessment $000 Total Assessed Value: $134,700 00 Total Tax: $7,207 98 Last Sale Date (Myr): 0 0 Sale Value: $0 00 S FAM RES 528 Acres (total acres of Tax Parcel): 0 361 Assessed Land Value: $33.500.00 Net Tax: $1.069 56 Assessed Bldg. Value: $85.700 00 Special Assessment $0 00 Total Assessed Value: $119.200 OD Total Tax: $1.069 66 Last Sale Date (m/yr): 9 1994 Sale Value: $78 500 00 S FAM RES 396 Acres (total acres of Tax Parcel): 0.549 Assessed Land Value: $33.500 DO Net Taz: $1.298 24 Assessed Bldg. Value: $118.300 DO Special Assessment $0.00 Total Assessed Value: $157.800 00 Total Tax: $1.256 24 Last Sale Date (m/yr): B 1997 Sale Value: $110 900 00 S FAM RES 462 Acres (total acres of Tax Parcel): 0 860 Assessed land Value: $33.500 00 Net Tax: $1.797 84 Assessed Bldg. Value: $153.200 00 Special Assessment $0.00 Total Assessed Value: $186 700 00 Total Tax: $1.797 84 Last Sale Date (mlyr): 11 1993 Sale Value: $? 12.500 OD S FAM RES 864 9y c-t MAP ID: 6 TAXPIN: 100020002025 Property Owner: LOY W 8 AVIS E BERGH 1023 BLUE GENTIAN RD SAINT PAUL MN 55121.1544 Zoning: R- 1 Land Use Guide: SA Bldg. Datd: Year Built: 1954 Building Type: Finished Bldg- Sq. k.: 1,745.0 Garage Sq. ft: BEDS 3 BATH 1 MAP ID: 7 TAXPIN: 100020004032 Property Owner: RAY-MAR RENTAL COLLC 4555 ACORN ST EAGAN MN 55123-2001 Zoning: R- 1 Land Use Guide: SA Bidg. Data: Year Built: 1955 Building Type: Finished Bldg. Sq. ft.: 1,704 0 Garage Sq. k: BEDS 3 BATH: 1.5 8 MAP ID: TAXPIN: 100020003032 Property Owner: MARVEL G EGGUM 157D8 JUDICIAL RD BURNSVILLE MN 55306-5210 toning: R- 1 Land Use Guide: SA Bldg. Data: Year Built: Building Type: Finished Bldg. Sq. it.: Garage Sq. tt: BEDS BATH 9 MAP ID: TAXPIN: 100020007032 Properly Owner: STATE OF MN TREASURER-AUDITOR 1590 HWY 55 HASTINGS MN 55033-2343 Zoning: ROW Land Use Guide: ROW Bldg. Data: Year Built: Building Type: Finished Bldg. Sq. ft.: Garage Sq. ft: BEDS BATH 10 MAP ID: TaxPIN: looozoooco32 Property Owner: ROGER J & GLADVS REILING 1877 GLUEK LN ROSEVILLE MN 55113-3829 Zoning: BP Land Use Guide: SA Bldg. Data: Year Built: 1950 Building Type: Finished Bltlg. Sq. tt.: 1.074 0 Garage Sq. tt: ' BEDS ? BATH 1 MAP ID: 11 TAXPIN: 100020005032 Property Owner: ROGER J 8 GLADYS REILING 1877 GLUEK LN ROSEVILLE MN 55113-3829 Zoning: BP Land Use Guide: SA Bldg. Ddta: Year Built: Building Type: Finished Bldg. Sq. k.: Garage Sq. k: BEDS BATH Acres (total acres of Tax Parcel): 1 307 Assessed Land Value: $33,500.00 Net Tax: $1,151.60 Assessed Bldg. Value: $97.400.00 Special Assessment $D.00 Total Assessed Value: $130.900.00 Total Tax: $1,151.80 Last Sale Date (mlyr): 0 0 Sale Value: $0.00 S FAM RES 0 Acres (total acres of Tax Parcel): 1 167 Assessed Land Value: $36.500.00 Net Tax: $1.547.34 Assessed Bldg. Value: $83,800.00 Special Assessment $D.00 Total Assessed Value: $120,300.00 Total Tax: $1.547.34 Last Sale Date (mlyr): 0 0 Sale Value: $0 00 S FAM RES 440 Acres (total acres of Tax Parcel): 2 407 Assessed Land Value: $119.600 00 Net Tax: $3 380.94 Assessed Bldg. Value: $0 DO Special Assessment $0 00 Total Assessed Yalue: $119.600.00 Total lax: $3.380 94 Last Sale Date (mlyr): 0 0 Sale Value: $0 00 Acres (total acres of Tax Parcel): 1 176 Assessed Land Value: $6.300.00 Net Tax: $0.00 Assessed Bldg. Value: $0 00 Special Assessment $0 00 Total Assessed Value: $6.300 00 Total Tax: $0.00 Last Sale Date (m/yr): 0 0 Sale Value: $0 00 Acres (total acres of Tax Parcel): 2 378 Assessed Land Value: $48.70000 Net Tax: $1.707 60 Assessed Bldg, Value: $99.000 00 Special Assessment $0 00 Total Assessed Value; $147.700.00 Total Tax: $1.707 60 Last Sale Date (Myr): 3 1996 Sale Value: $61.300 00 S FAM RES 968 Acres (total acres of Tax Parcel): t 200 Assessed Land Value: $16.000 00 Net Tax: $241 48 Assessed Bldg. Value: $0 00 Special Assessment $0 00 Total Assessed Value: $16.000 00 Total Tax: $241 48 Last Sale Date (m/yr): D 0 Sale Value: $0 00 ~~ APPENDIX S c-z MAP ID: 12 TAXPIN: 100020001026 Acres (total acres of Tax Pareel): 2 011 Property Owner: MARILYN SANDFORD Assessed Land Value: $42.600.00 Net Tax: $1.547 78 1020 BLUE GENTIAN RD Assessed Bldg. Value: $112,400 00 Special Assessment $0 00 Total Assessed Value: $155.000.00 Total Tax: $1 547.78 SAINT PAUL MN 55121-1543 Last Sale Date (mlyr): 0 0 Sale Value: $0 OD Zoning: A Land Use Guide: SA Bldg. Data: Year Built: 1958 Building Type: S.FAM.RES Finished Bldg. Sq. ft.: 1.906.0 Garage Sq. ft: 528 BEDS 2 BATH. 1.75 13 MAP ID: TAXPIN: 100020002026 Acres (total acres of Tax Parcel): 2.033 Property Owner: BARJO INC Assessed Land Value: $76.800 00 Net Tax: $2.171.08 JOAN HYMANSON Assessed Bldg. Value: $0 00 Special Assessment $o.Do 3540 FAIRWAY LN Total Assessed Value: $76.800 00 Total Tax: $2,171 OB MINNETONKA MN 55305-4453 Last Sale Date (Myr): D 0 Sale Value: 50 DO Zoning: A Land Use Guide: SA Bldg. Delta: Year Built: Building Type: Finished Bldg. Sq. ft.: Garage Sq. tt: BEDS BATH MAP ID: 14 TAXPIN: 100020003026 Acres (total acres of Tax Parcel): 0561 Property Owner. JAMES A 8 MARY KAY HANSON Assessed Land Value: 536.500.00 Net Tax: $1,713.40 1215 80TH ST E Assessed Bldg. Value: $128.400 DO Special Assessment $0.00 Total Assessed Value: $164.900 00 Total Tax: $1713 40 INVER GROVE HTS MN 55077-3414 Last Sale Date (Myr): 0 0 Sale Value: $0 OD Zoning: A Land Use Guide: SA Bldg. Data: Year Built: 1957 Building Type: S FAM.RES Finished Bldg. Sq. ft.: 2.245 0 Garage Sq, k: 972 BEDS: 3 BATH: 175 15 MAP ID: TAXPIN: 100020004026 Acres (total acres of Tax Parcel): 0966 Property Owner: FRANK 8 PATRICIA PAVLIK Assessed Land Yalue: 536.500 00 Net Taz: $1.892.92 990 BLUE GENTIAN RD Assessed Bldg. Value: $141.900.00 Special Assessment $0 DO Total Assessed Value: $178400 DO Total Tax: $1 892.92 SAINT PAUL MN 55121-1541 Last Sale Date (m/yrl: 0 0 Sale Value: $0 00 Zoning: A Land Use Guide: SA Bldg. Data: Year Built: 1959 Building Type: S FAM.RES Finished Bidg. Sq. k.: 2.254 0 Garage Sq. k: 529 BEDS 5 BA1H 2 MAP ID: 16 TAXPIN: 100020005026 Acres (total acres of Tax Parcel): 1 022 Property Owner: STEVEN C 8 JULIE GRAPPLE Assessed Land Value: $36.500.00 Net Tax: $1.421 82 988 BLUE GENTIAN RD Assessed Bldg. Value: $118.700 00 Special Assessment $0 00 Total Assessed Value: $155 20000 Total Tax: $1.421 82 SAINT PAUL MN 55121-1541 Last Sale Date (m/yr): 0 0 Sale Value: $D 00 Zoning: A land Use Guide: SA Bldg. Data: Year Built: 1956 Building Type: S FAM RES Finished BIdg.Sq. k.: 1.440 0 Garage Sq. ft: 528 BEDS 3 BATH 1 17 MAP ID: TAXPIN: 100020001031 Acres (total acres of Tax P arcel): 6 775 Property Owner: 2735 EAGAN PROPERTIES Assessed Land Value: $282.60000 Net Tax: $46 001 14 2735 HIGHWAY 55 Assessed Bldg. Value: $1.004.400 00 Special Assessment $000 Total Assessed Value: $1.281 000 00 Total Tax: $46.001 14 EAGAN MN 55121-1404 Last Sale Date (rrUyr): 10 1987 Sale Value: $1 200. 000 00 Zoning: I-1 Land Use Guide: IND Bldg. Data: Year Built: 1959 Building Type: WHSE.STRG Finished Bldg. Sq. k.: 70.717 0' Garage Sq. hr 0 BEDS 0 BATH 3 APPENDIX / ~ ~_; MAP ID: 18 TAXPIN: 100020001029 Acres (total acres of Tax Parcel): 0 537 Property Owner: JAYKAR C BHAKTA Assessed Land Value: $70.100.00 Net Tax: $5.112 64 2745 HWY 55 Assessed Bldg. Value: $219,900.00 Special Assessment $0 00 Total Assessed Value: $290.000.00 Total Tax: $5.112 64 EAGAN MN 55121-1404 Last Sale Date (mfyr): 3 1990 Sale Value: $230.000.00 Zoning: I-1 Land Use Guide: IND BId9. Data: Year Built: 1952 Building Type: MOTEL Finished Bldg. Sq. ft.: 6,707 0 Garage Sq. ft: 0 BEDS: 0 BATH. 17 19 MAP ID: TAXPIN: 100020002029 Acres (total acres of Tax Parce l): 2 442 Property Owner: ATLAS OF MINNESOTA tNC Assessed Land Value: $133.000.00 Net Tax: $33.447 10 MANAGING DIRECTOR Assessed Bldg. Value: $171,000.00 Special Assessment $0 00 PO BOX 64110 Total Assessed Value: $904,000.00 Total Tax: $33.447 10 SAINT PAUL MN 55164-0t 10 Last Sale Date (mlyr): D 0 Sale Value: $0 DO Zoning: I-1 Land Use Guide: IND BId9. Data: Year Built: 1954 Building Type: WHSE.STRG Finished Bldg. Sq. ft.: 131,380.0 Garage Sq. ft: 0 BEDS: 0 BATH. 5 2U MAP lD: TAXPIN: 105332008000 Acres (total acres of Tax Parcel ): 2.881 Property Owner: ATLAS OF MINNESOTA INC Assessed Land Value: $156,900.00 Net Tax: $33.447 10 MANAGING DIRECTOR Assessed Bldg. Value: $747,100 00 Special Assessment $0 00 PO BOX 64110 Total Assessed Value: $904,000.00 Total Tax: $33.447 10 SAINT PAUL MN 55164-0110 Last Sale Date (Myr): 5 1994 Sale Value: $186.000 00 Zoning: I-1 Land Use Guide: IND Bldg. Delta: Year Built: 1954 Building Type: WHSE.STRG Finished Bldg. Sq. ft.: 131,380 0 Garage Sq. ft: 0 BEDS 0 BATH 5 MAP ID: 21 TAXPIN: 105332008100 Acres (total acres of Tax P arcel): 4 672 Property Owner: ATLAS OF MINNESOTA INC Assessed Land Value: $254.400 00 Net Tax: $51.177 02 MANAGING DIRECTOR Assessed Bldg. Yalue: $1171,90000 Special Assessment $000 PO BOX 64110 Total Assessed Value: $1.426.300 00 Total Tax: $51.177 02 SAINT PAUL MN 55164-0110 Last Sale Date (Myr): 0 0 Sale Value: $0 00 Zoning: I-1 Land Use Guide: IND Bldg. Data: Year Built. 1960 Building Type: VJHSE.STRG Finished Bldg. Sq. ft.: 80.047 0 Garage Sq. ft: 0 BEDS. 0 BATH 3 22 MAP ID: TAXPIN: 105332008200 Acres (total acres of Tax P arcel): 2 190 Property Owner: K W MCKEE INC Assessed Land Value: $151.900 00 Net Tax: $51.484 32 2785 HWY 55 Assessed Bidg. Value: $1.238.000 00 Special Assessment $0 00 Total Assessed Value: $1.389.900 00 Total Tax: $51.484 32 SAINT PAUL MN 55121-1493 Last Sale Date (mlyr): 0 0 Sale Value: $0 00 Zoning: I-1 Land Use Guide: IND Bldg. Data: Year Built: 1964 Building Type: WHSE STRG Finished Bldg. Sq. ft.: 78.000.0 Garage Sq. ft: 0 ~~, ,r BEDS. 0 BATH: 6 23 MAP ID: TAXPIN: 105332007100 Acres (total acres o1 Tax Parcel): 6 269 Property Owner: K W MCKEE INC Assessed Land Value: $341.30000 Net Tax: $'1 566 70 2785 HIGHWAY 55 Assessed Bldg. Value: $1.636.600 00 Special Assessment $0 00 Total Assessed Value: $1,977,900.00 Total Tax: $71.566 i0 SAINT PAUL MN 55121-1493 Last Sale Date (mlyr): 0 0 Sale Value: $0 00 Zoning: I-1 Land Use Guide: IND BId9. Data: Year Built: 1964 Building Type: WHSE STRG Finished Bldg. Sq. ft.: 116.800.0 Garage Sq. ft: 0 BEDS 0 BATH 4 APPENDI!~ ~ c-a MAP ID: 24 TAXPIN: 105332007200 Acres (total acres of Tax Parcel): 14.781 Property Owner: ATLAS OF MINNESOTA INC Assessed Land Value: $145,000 00 Net Tax: $21,409.86 DART TRANSIT CO Assessed Bldg. Value: $405.000 00 Special Assessment $O.DO 800 LONE OAK RD Total Assessed Value: $550.000 00 Total Tax: $21 .409 86 SAINT PAUL MN 55121-2212 Last Sale Date (m/yr): 7 1993 Sale Value: $510.000.00 Zoning: I-1 Land Use Guide: IND Bldg. Data: Year Built: 1958 Building Type: SERVC GAR Finished Bldg. Sq. ft.: 6,000.0 Garage Sq. ft: 0 BEDS: 0 BATH: 1 Bldg. Delta: Year Built: 1953 Building Type: SERVC GAR finished Bldg. Sq. ft.: 29.780.0 Garage Sq. ft: l) BEDS: 0 BATH: 2 Bldg. Deta: Year Built: 1953 Building Type: OFFICE Finished Bldg. Sq. ft.: 5.698.0 Garage Sq. ft: 0 BEDS 0 BATH. 3 25 MAP ID: TAXPIN: 105332005200 Acres (total acres of Tax Parcel): 2.430 Property Owner: MARY E IMRE Assessed Land Value: $185,300 00 Nel Tax: $7 265 74 14141 FRONTIER LANE Assessed Bldg. Value: $0 00 Special Assessment $0 00 Total Assessed Value: $185.300.00 Total Tax: $7.265.74 BURNSVILLE MN 55337.4748 Last Sale Date (m/yr): 0 0 Sale Value: $0.00 Zoning: I-1 Land Use Guide: SA Bidg. Data: Year Built: Building Type: Finished Bldg. Sq. ft.: Garage Sq. ft: BEDS BATH MAP ID: 26 TAXPIN: 106445005000 Acres (total acres of Tax Parcel): 4 892 Property Owner: RES INVESTMENT COL L P Assessed Land Value: $372.900.00 Net Tax: $12.981.70 HOWARD G STACKER Assessed Bldg. Value: $0.00 Special Assessment $0 00 694 MAPLE PARK DR Total Assessetl Value: $372.900.00 Total Tax: 512.981 70 SAINT PAUL MN 55118-1710 Last Sale Date (mlyr): 0 0 Sale Value: 50 00 Zoning: I-1 Land Use Guide: SA BId9. Data: Year Built: Building Type: Finished Bldg. $q, ft.: Garage Sq. ft: BEDS BATH. 27 MAP ID: TAXPIN: 705332003200 Acres (total acres of Tax Parcel): 0.929 Property Owner: OARCOM PARTNERSHIP Assessed Land Value: $10.800 00 Net Tax: $11.063 80 2875 DODD RD Assessetl Bldg. Value: $259.200 00 Special Assessment 50 00 Total Assessed Value: $340 000 00 Total Tax: $11.063 80 SAINT PAUL MN 55121-1519 Last Sale Date (m/yr): 0 0 Sale Value: 50.00 Zoning: I-1 Land Use Guide: SA Bldg. Data: Year Built: 1966 Building Type: WHSE.STRG Finished Bldg. Sq. ft.: 11.580.0 Garage Sq. ft: 0 BEDS 0 BATH. 2 28 MAP ID: TAXPIN: 103610002001 Acres (total acres of Tax Parcet): 2 513 Property Owner: MARY E IMRE Assessed Land Value: $186.800.00 Net Tax: $14 457 52 2805 DODD RD Assessed Bldg. Value: $188,200.00 Special Assessment $0 00 Total Assessed Value: $375.000.00 Total Tax: $14.451 52 SAINT PAUL MN 55121-1519 Last Sale Date (mlyr): 0 0 Sale Value; $0 00 Zoning: I-1 Land Use Guide: SA Bldg. Data: Year Built: 1975 Building Type: WHSE.STRG Finished Bldg. Sq. ft.: 14,247.0 Garage Sq. ft: 0 BEDS 0 BATH: 0 Bldg. Data: Year Built: 1910 Building Type: WHSE STRG Finished Bldg. Sq. ft.: 5 190 0 Garage Sq. H: 0 BEDS. 0 BATH- 3 Bldg. Data: Year Built: 1970 Building Type: WHSE.STRG Finished Bldg. Sq. ft.: 3.168 0 Garage Sq. ft: 0 BEDS 0 BATH 1 APPENDI\ ~~ c-5 MAP ID: 29 TAXPIN: 103610001001 Property Owner: MARY E IMRE 14141 FRONTIER LN BURNSVILLE MN Zoning: I-1 Land Use Guide: BId9. Delta: Year Built: t980 Finished Bldg. Sq. ft.: BEDS. 0 BATH. 55337-0748 SA Building Type: 14,662.0 Garage Sq. ft: 4 TIF No. 2-4 Area Totals Total Area (acres, TAXPIN area only): Total Finished Bldg. 726,801.00 108.6 Acres (total acres or Tax Parcel): 2 891 Assessed Land Value: $203.700 00 Net Tax: $23.768 44 Assessed Bldg. Value: $489.300 00 Special Assessment $0 00 Total Assessed Value: $693.000.00 Total Tax: $23.768 44 Last Sale Date (Myr): B 1989 Sale Value: $350.000 00 OFFICE 0 APPENDIY ~ c-6 APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT APPENDIX /~ D-I 213/1002 CRy Of Eagan Page 1 013 CITI' OF EAGAN - TIF DISTRICT 2-4 T.LF. CASH FLO~~ ASSUMPTIONS = NE~Y TIF DISTRICT Inflation Rate: 0.0000% Pay-As-You-Go Interest Rate: 8.000% Fiscal Disparities Rate 34.000% Tax Extension Rate: Pay 2002 est. 0.849880 Assumes First Tax Increment 2004 Assumes Last Tax Increment 2029 Years of Tax Increment 26 Area Wide Rate 1.5600% Estimate Pay 2002 Assumed Note Issue Date 11/1/2001 Amount of increment will vary depending upon market value, tax rates, class rates, construction schedule, and inflation on market value. Inflation on tax rates cannot be captured. BASE ~'ALl`E INFORIL4TION P.I.D.'s Land Market Value Building Market Value Total Market Value Class Rate Total Tax Capacity Total 3,197,700 8,270,600 11,468,300 208,269 PROJECT INFORILATION Building 5q. Total Taxes Total Tax Capacity Total Market Date Date Feet Per Sq. Ft. Taxes Minus Fis Dis Tax Capacity Value Assessable Payable 1 56,000 3.91 218,877 95,601 144,850 7,280,000 2003 2004 2 24,000 3.08 73,959 31,185 47,250 2,400,000 2003 2004 3 13,000 3.29 42,778 17,985 27,250 1,400,000 2003 2004 4 10,000 3.34 33,424 14,025 21,250 1,100.000 2003 2004 5 6,000 6.09 36,542 15,345 23,250 1,200,000 2003 2004 6 200,D00 3.43 685,096 289,905 439,250 22,000,000 2003 2004 7 200,000 3.43 685,096 289,905 439,250 22,000,000 2003 2004 8 525,000 3.53 1.853.250 761,805 1,154,250 57,750.000 2003 2004 Total 1,034,000 3,629.022 1,515.756 2,296.600 115,130.000 /o/ PLAN-3 2/73/2001 Ciry 01 Eagan Page 2 017 CITY OF EAGAN - TIF DISTRICT 2-4 TAX INGREDIENT CASH FLO~~' Base Project Captured Semi-Annual State Admin Semi-Annual Semi-Annual PERIOD BEGINN ING T2X TeX Tax Gross Tax Aud at Net Tax PfeSent Value PERIOD E NDING Yrs. Mth. Yr. Capacity Capacity Capacity Increment 0.50% 10.00°/ Increment 8.00% Yrs. Mth. Yr. 0.0 1-Aug 2001 208,269 208,269 0 0 0 0 0 0 0.0 1-Feb 2002 0.0 1-Feb 2002 208,269 208,269 0 0 0 0 0 0 0.0 1-Aug 2002 0.0 1-Aug 2002 208,269 208,269 0 0 0 0 0 0 0.0 1-Feb 2003 0.0 1-Feb 2003 208,269 208.269 0 0 0 0 0 0 0.0 1-Aug 2003 0.0 1-Aug 2003 208,269 208.269 0 0 0 0 0 0 0.0 1-Feb 2004 0.0 1-Feb 2004 208,269 1,515,756 1,307,488 555.604 (2,778) (55,283) 497,543 393,216 0.5 1-Aug 2004 0.5 1-Aug 2004 208,269 1,515,756 1,307,488 555,604 (2,778) (55,283) 497,543 771,307 1.0 1-Feb 2005 1.0 1-Feb 2005 208,269 1,515.756 1,307,488 555,604 (2,778) (55,283) 497,543 1,134,857 1.5 1-Aug 2005 1.5 1-Aug 2005 208,269 1.515,756 1,307,488 555,604 (2,778) (55,283) 497,543 1,484,425 2.0 1-Feb 2006 2.0 1-Feb 2006 208,269 1,515,756 1,307,488 555,604 (2,778) (55,283) 497.543 1,820.547 2.5 1-Aug 2006 2.5 1-Aug 2006 208.269 1,515,756 1,307,488 555,604 (2,778) (55,283) 497,543 2,143,741 3.0 1-Feb 2007 3.0 1-Feb 2007 208,269 1,515.756 1,307.488 555,604 (2,778) (55,283) 497,543 2,454,505 3.5 1-Aug 2007 3.5 1-Aug 2007 208,269 1.515.756 1,307,488 555,604 (2.778) (55,283) 497,543 2.753,317 4.0 1-Feb 2008 4.0 1-Feb 2008 208,269 1,515,756 1.307,488 555,604 (2,778) (55,283) 497,543 3,040.636 4.5 1-Aug 2008 4.5 1-Aug 2008 208.269 1.515,756 1,307,488 555,604 (2,778) (55,283) 497.543 3,316,904 5.0 1-Feb 2009 5.0 1-Feb 2009 208,269 1,515,756 1,307,488 555,604 (2,778) (55,283) 497,543 3,582,546 5.5 1-Aug 2009 5.5 1-Aug 2009 208,269 1,515,756 1,307,488 555,604 (2,778) (55,283) 497,543 3,837,971 6.0 1-Feb 2010 6.0 1-Feb 2010 208.269 1,515,756 1.307,488 555,604 (2,778) (55.283) 497,543 4,083,573 6.5 1-Aug 2010 6.5 1-Aug 2010 208,269 1,515.756 1.307,488 555,604 (2,778) (55.283) 497,543 4,319,728 7.0 1-Feb 2011 7.0 1-Feb 2011 208,269 1,515.756 1.307,488 555,604 (2,778) (55,283) 497,543 4,546,800 7.5 1-Aug 2011 7.5 1-Aug 2011 208,269 1,515,756 1,307,488 555,604 (2,778) (55.283) 497,543 4,765,139 8.0 1-Feb 2012 8.0 1-Feb 2012 208,269 1,515,756 1.307.488 555,604 (2,778) (55,283) 497,543 4,975,080 8.5 1-Aug 2012 8.5 1-Aug 2012 208,269 1,515,756 1,307,488 555.604 (2,778) (55.283) 497,543 5.176,946 9.0 1-Feb 2013 9.0 1-Feb 2013 208,269 1.515,756 1,307,488 555,604 (2,778) (55.283) 497,543 5.371,048 9.5 1-Aug 2013 9.5 1-Aug 2013 208,269 1,515,756 1.307,488 555,604 (2,778) (55.283) 497,543 5,557,685 10.0 1-Feb 2014 10.0 1-Feb 2014 208,269 1,515,756 1,307,488 555,604 (2,778) (55.283) 497,543 5,737.144 10.5 1-Aug 2014 10.5 1-Aug 2014 208.269 1.515,756 1,307.488 555,604 (2.778) (55,283) 497,543 5,909.700 11.0 1-Feb 2015 11.6 1-Feb 2015 208,269 1,515,756 1.307,488 555,604 (2,778) (55.283) 497,543 6.075,619 11.5 1-Aug 2015 11.5 1-Aug 2015 208.269 1,515,756 1.307.488 555,604 {2,778) (55,283) 497,543 6,235,157 12.0 1-Feb 2016 12.0 1-Feb 2016 208,269 1,515,756 1,307,488 555,604 (2.778) (55,283) 497,543 6.388.559 12.5 1-Aug 2016 12.5 1-Aug 2016 208,269 1,515.756 1,307.488 555,604 (2.778) (55,283) 497,543 6.536,061 13.0 1-Feb 2017 13.0 1-Feb 2017 208.269 1,515,756 1.307.488 555,604 (2.778) (55.283) 497,543 6,677,889 13.5 1-Aug 2017 13.5 1-Aug 2017 208,269 1.515.756 1.307.488 555.604 (2,778) (55,283) 497,543 6814.263 14.0 1-Feb 2018 14.0 1-Feb 2018 208.269 1,515,756 1,307,488 555,604 (2,778) (55,283) 497,543 6.945,392 14.5 1-Aug 2018 14.5 1-Aug 2018 208.269 1.515,756 1,307,488 555.604 (2,778) (55,283) 497.543 7,071,477 15.0 1-Feb 2019 15.0 1-Feb 2019 208,269 1,515.756 1,307.488 555.604 (2.778) (55,283) 497,543 7,192,712 15.5 1-Aug 2019 15.5 1-Aug 2019 208,269 1,515,756 1,307,488 555,604 (2,778) (55,283) 497.543 7,309.285 16.0 1-Feb 2020 16.0 1-Feb 2020 208,269 1,515.756 1,307.488 555,604 (2,778) (55,283) 497,543 7,421,374 16.5 1-Aug 2020 16.5 1-Aug 2020 208,269 1.515.756 1,307.488 555,604 (2.778) (55.283) 497.543 7,529.153 17.0 1-Feb 2021 17.0 1-Feb 2021 208.269 1.515,756 1,307.488 555,604 (2,778) (55.283) 497,543 7,632,785 17.5 1-Aug 2021 17.5 1-Aug 2021 208,269 1.515,756 1,307.488 555,604 (2,778) (55,283) 497,543 7.732,432 18.0 1-Feb 2022 18.0 1-Feb 2022 208,269 1.515.756 1.307,488 555,604 (2,778) (55.283) 497,543 7.828.247 18.5 1-Aug 2022 18.5 1-Aug 2022 208,269 1.515,756 1,307,488 555,604 (2.778) (55,283) 497.543 7,920,376 19.0 1-Feb 2023 19.0 1-Feb 2023 208.269 1.515,756 1,307.488 555.604 (2,778) (55.283) 497,543 8.008,961 19.5 1-Aug 2023 19.5 1-Aug 2023 208.269 1,515.756 1.307,488 555,604 (2,778) (55.283) 497,543 8.094,140 20.0 1-Feb 2024 20.0 1-FQy 2024 208.269 1,515,756 1,307.488 555,604 (2.778) (55,283) 497,543 8.176,043 20.5 1-Aug 2024 20.5 1-Aug 2024 208.269 1.515,756 1.307,488 555.604 (2,778) (55,283) 497,543 8,254,795 21.0 1-Feb 2025 21.0 1-Feb 2025 208,269 1.515,756 1.307,488 555,604 (2,778) (55,283) 497.543 8,330,518 21.5 1-Aug 2025 21.5 1-Aug 2025 208.269 1,515,756 1,307,488 555,604 (2.778) (55,283) 497,543 8.403.329 22.0 1-Feb 2026 22.0 1-Feb 2026 208.269 1,515,756 1,307,488 555,604 (2.778) (55.283) 497,543 8.473.340 22.5 1-Aug 2026 22.5 1-Aug 2026 208,269 1,515,756 1,307.488 555,604 (2,778) (55.283) 497,543 8,540.658 23.0 1-Feb 2027 23.0 1-Feb 2027 208,269 1,515.756 1.307,488 555.604 (2,778) (55,283) 497,543 8.605,387 23.5 1-Aug 2027 23.5 1-Aug 2027 208.269 1,515.756 1,307,488 555.604 (2,778) (55,283) 497.543 8,949.602 24.0 1-Feb 2028 24.0 1-Feb 2028 208.269 1.515.756 1,307,488 555.604 (2.778) (55,283) 497.543 9,307,586 24.5 1-Aug 2028 24.5 1-Aug 2028 208.269 1.515.756 1.307.488 555,604 (2,778) (55,283) 497,543 9,679,890 25.0 1-Feb 2029 25.0 1-Feb 2029 208.269 1.515.756 1,307,488 555.604 (2.778) (55,283) 497,543 10.067.085 25.5 1-Aug 2029 25.5 1-Au 2029 208.269 1.515.756 1,307.488 555,604 (2.778) (55,283) 497.543 10.469,769 26.0 1-Feb 2030 Totals 28.891,394 (144.457) (2.874.694) 25,872,244 Net Present Value 9.931.376 8,893,547 /D~ PLAN-1 APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT) APPENDIX /~ E-i ~sNr+esor V ' Trade &- 2001 Minnesota Business Assistance Form Economic Development ^ The 2001 Minnesota Business Assistance Form (MBAF) is used to report each business subsidy and financial assistance agreement signed from January 1, 10D0 thro_gh December 31. 1000 per Minn. Star. § 1 1bJ.993 to § 116J.995. Please use a separate form to report each agreement; for agreements signed from August 1, 1999 though December 31, 1999, use the 2000 MBAF; and for agreements signed from July 1, 1995 through July 31, 1999 use the 1999 MBAF. ^ The following government agencies must submit a 2001 MBAF even if an agreement was not signed during the period January I, 2000 through December 31 2000: 1) any local govetnment/agency that signed a business subsidy agreement since January 1, 1996, or represents a population of more than 2,500; 2) all state government agencies. If the locaUstate government agency does not have any subsidies or assistance to report, please answer questions 1 through 13 and questions 33 and 34. ^ 1f a local or state government agency that is required to report has not done so by April 1, DTED will mail a warning. If it fails to report by June 1, it may not award any business subsidies until a report has been filed. ^ Questions? Call (651) 296-0580. Information on where to mail or fax your completed MBAF(s) is on page 4. Section I Information About Grantor 1. Name of grantor (funding entity) 2. Name of person completing this Conn 3. Street address 4. City 5. ZIP code 6. County 7. Phone number 8. Fax number 9. E-mail address 10. Please indicate who in your organization should receive the 2002 MBAF if different from the person in Question 2. Name~t'itle Phone number Street address City ZIP code 11. Classification of grantor (Mark one. Ifgranlor is entity 12. Has your organization held a public hearing on and created by govt agency, please indicate affiliation. For adopted criteria Cor awarding business subsidies in ezomple, a city ED,9 would check "City government.) compliance with Minn. Stat. § 116J.994? (,tlork one.J O City government ^ Yes (Indicate hearing date - and attack criteria) 0 County government ^ No ^ Regional government O We held a public hearing but have not yet adopted 0 State government criteria (Indicate date ojinitial hearing - ) ^ Other (Please specify.) ^ Other (Please attach explanation.) 13. Has your organization signed any agreements to award a business subsidy or financial assistance from January 1, 2000 through December 31, 2000 that is required to be reported under Minn. Stat. § 1 161.993 and § 1161.994? (Mark one.) O Yes (Complete [he remainder ojthe jorm.) O No (Stop here. go to section S on page 4.) Section 2 Information About Reciaient 14. Name of business or organization receiving subsidy or financial assistance I5. Address where business subsidy or financial assistance will be used Street address City State ZIP code 16. Does the recipient have a parent corporation? (Mark one.) O Yes (Indicate name and address ojparent corporation below. Ijmore than one, indicate ultimate owner.) O No Name of parent corporation Street address City Slate ZIP code 2001 Minnesota Qusiness Assistance Form Paee I of 4 Department of Trade and Economic Deg clopmenl /~ 17. Industry of recipient's facility (Mark one.): O Manufacturing O Services O Finance, Insurance, Real Estate O Retail Trade O Wholesale Trade O Construction O Other (please specify) 18. Did the recipient relocate as a result of signing this agreement? (Mark one.) O Yes (/ndicate city and stale of previous address and reason recipient did not eontplele this project a! /hat address.) ^ No (Go ro Question 19.) City/State of previous address Reason project not completed at previous address 19. Would the recipient have remained in previous location or relocated elsewhere if not awarded this business subsidy or financial assistance? (Mark one.) O Remained at previous location O Relocated to different Minnesota location O Relocated outside Minnesota Section 3 General Information About the Agreement 20. Total dollar value of business subsidy or financial 21. Date agreement signed (/n addition to the agreement assistance (Please separate value by type in Questions Z4 date, indicate any dares the ogreement was amended.) and 15.) 22. Benefit date (!ndicate the date the recipient will benefit jrom the business subsidy or frnancial assistance. For example, indicate the date improvemen[s were finished, equipment was placed into service, or the recipient occupied the property, whichever is earlier.) 23. Dces the agreement provide a business subsidy or one of the four types of financial assistance (see Question 25) required to be reported? (Mark one.) O business subsidy O financial assistance 24. If the agreement provided a business subsidy, please 25. If the assistance was one of the four types of financial indicate the type(s) and total dollar value for each type. assistance, please indicate the type(s). O not applicable, agreement provided financial assistance O not applicable, agreement provided a business subsidy O loan (only principal) S O assistance for property polluted S O grant (i.e., forgivable loan) S by contaminants O tax abatement $ O assistance for renovating building $ ^ TIF or other tax reduction or deferral $ stock or bringing it up to code, and O guarantee of payment $ assistance provided for designated O contribution of property or infrastructure $ historic preservation districts, when O preferential use of governmental facilities $ 50% or less of total cost O land contribution $ ^ assistance for pollution control or $ O other (Specify subsidy type.) S abatement O assistance for a TIF soils condition district S 26. If the assistance included tax increment financing, please 27. Are any other grantors providing a business subsidy or indicate the type of T1F district? (Mark one.) financial assistance to the same project? (Mark one.) O not applicable, assistance was not in the form of TIF ^ Yes (Specify each grantor and the value of their ossistance below, attach an additional sheet ijneeessary.J O redevelopment O renewal and renovation O No O soils condition ^ economic development Grantor(s) and value of the agreement(s): O mined underground space ^ hazardous substance subdistrict Grantor Value ($) Grantor Value ($) 2001 Minnesota Cusiness Assistance form Page 2 of J Department of Trade and Economic Development ~~ ~ Section 4 Goals and Public Purpose Identified in the Agreement 28. Minn. Star. §1 161.994 requires that business subsidy and financial assistance agreements state a public purpose. Which of the following public purposes were stated in the agreement? (Mark all that apply.) O Enhancing economic diversity ^ Increasing tax base (cannot be only purpose) O Creating high-quality job growth 0 Other (please specify) O Job retention O Stabilizing the community 29. Indicate whether the agreement included the following types of goals, and whether the recipient had attained those goals at the time of this report. (Fill in the boxes and attainment date(s) jar each goal.) Goals Target attainment All goals established? dates (month & year) attained? A) Specific wage and job goals to be attained within 2 years 0 Yes O No ^ Yes 0 No B) Other job-creation and/or retention goals O Yes 0 No 0 Yes ^ No C) Other wage goals 0 Yes 0 No ^ Yes 0 No D) Other goals other than wage and job goals O Yes O No ^ Yes ^ No (P/ease attach descriptions ojgoals and progress toward attainment if no! documented in Questions 30 and 3J.) 30. For each of the following wage categories, indicate the job creation and/or retention goals stated in the agreement and the average hourly value of any employer-provided health insurance goals for those jobs. (Only indicate job creation goals in full-time equivalents if you are unable to separate goals by full- and port-time positions.) Full-time Part-timd FTE onl if goals not Hourly Wage Job Seasonal/romp. stated as FT/PT) Job Retention Hourly Value of (ezcluding benefits) Creation Job Creation Job Creation Health Insurance no hourly wage-level goal s less than $7.00 s 57.00 to 58.99 s 59.00 to 510.99 s 511.00 to S 12.99 s ~ S 13-00 to S 14.99 -- -. _ . r___-- ~ 515.00 and higher s 31. For each of the following wage categories, indicate the number of actual jobs created and/or retained since the benefit date and the actual hourly value of any employer-provided health insurance for those jobs. (Only indicate job creation in full-time equivalents ijyou are unable to separate job creation into full- and part-time positions-) Full-time Part-timd F'fE onl if unable to Hourly Wage Job Seasooal(I'emp. separate FTlPT) Job Retention Hourly Value of (excluding benefits) Creation Job Creation Job Creation Health Insurance less than 57.00 s 57.00 to 58.99 s 59.00 to 510.99 s $I 1.00 to 512.99 s 513.00 to 514.99 s 515.00 and higher s 32 Has the recipient achieved all coals (see Questions 29, 30 and 31) and fulfilled all obligations stipulated in the agreement? (Mark one.) 0 Yes 0 No 2001 Minnesota Business Assistance Forth Page 3 of4 Department of Trade and Economic Development /06 Section 5 Recipients Failing to Fulfill Obligations (Do not complete this section ijyou completed it on another 7001 MBAFsubmitted to DTED.) 33. During the period January I, 2000 through December 31, 2000, did your organization have any recipients who failed to report as required by Minn. Stat. § 1161.993 and § 1 161.994? (A/ork one.J O Yes (Indicate the name ojeach recipient jailing to report and the value ojsahsidy or financial assistance awarded to that recipient. AJtach addNional pages Jnecessary.) ^ No Name of recipient Type of subsidy or assistance (See Questions 24 and 25.) Value of subsidy or assistance 34. Did your organization have any recipients who failed to achieve any goals or fulfill any other obligations under an agreement signed on or after lanuary 1, 2000, that were required to be fulfilled by the time of this report? (Mark one.) ^ Yes (Complete the remainder of this section.) O No (Stop here and submit form to DTED .) 35. - 39. Provide the following information for each recipient failing to fulfill goals or any other terms of an agreement that were to be attained by the time of reporting. (,ittacb additionat pages ijnecessary.) 35. Information on recipient and agreement: Name of recipient in default Type of subsidy or assistance Initial value of subsidy or assistance Street address of recipient CityIZIP code of recipient Outstanding value of subsidy or assistance 36. Reason(s) for default (Mark a!! that apply.J: ^ recipient ceased operation O recipient relocated to a different community ^ recipient was unable to fill vacant positions O other (Specify reason.) .i- To date, has the recipient Culfilled its repayment obligation? (Mork one.J O Ycs O No, recipient has be¢un to repay the assistance. ^ No, recipient has not bezun to repay the assistance. 38. Has the agreement been amended to extend the recipient's deadline for fulfilling its obligations? (Mark one.J O Yes O No 39. Describe the steps being taken to bring recipient into compliance or recoup the subsidy: Return your completed MBAF(s) by aril 1, 2001, to: 2001 Minnesota Business Assistance Form Minnesota Department of Trade and Economic Development - AEO 500 Metro Square, 121 East 7'" Place St. Paul, MN 55101-2146 Or fax to: (651) 215-3841 2(101 Minnesota Business Assistance Form Pagc 4 of 4 Department of Trade and Economic Development /o ff APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT APPENDIX /~~ r_~ APPENDIX G BUT/FOR QUALIFICATIONS BUT FOR ANALYSIS Current Market Value -Est. $11,468.300 Ne~v Market Value -Est. 1 l 5. ] 30,000 Difference $103.661.700 Present Value of Tax Increment 9.931,376 Difference $93.730.324 Value Likely to Occur Without TIF is Less Than: $93,730,32-t APPENDIX /~ % c~-~ The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 2-4, as required pursuant to Minnesota Statutes. Section •J69.1 i.i, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 2-4 is a redevelopnrertt district as defined in M. S.. Section 469.17. Subd. 10(a)(1)_ The District consists of 29 parcels, with plans to redevelop the area for commercial, industrial and housing purposes. At least 70 percent of the area in the parcels in the District are occupied by buildings, streets, utilities. paved or Gravel parking lots or other similar structures and more than ~0 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance (See Appendix F of the TIF plan). 2. Finding that the proposed development, in the opinion of the City Council. would Trot reasonably he expected to occzrr solel~• through private investment tirithirr the reasonably foreseeable future rnrd that the increased market slue of the site that could reasonably be expected to occur tia•ithout the use of tax increment financing ~rould be less than the increase in the market value estimated to result front the proposed development after subtracting the present slue of the projected ta_r incr•emerrts for the nuzxinrum duration of Tax Increment Financing District 1'~0. 2-;t permitted by the Plan. The proposed derelopnrent, nr the opinion of the City, would not r•easonabl}~ be expected io occur solely t1n•ough private nn•estnrent tiritlrirr the reasonably foreseeable futzrre: This finding is supported by the fact that the redevelopment proposed in this plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the limited amount of commercial. industrial and housing property for expansion adjacent to the existing project. the incompatible land uses at close proximity, and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a proforma as justification that the developer would not have gone forward without tax increment assistance (see attachment in Appendix G). The increased market value of the site that cot+Id reasonable be expected to occur Zrithout the use of tar nrcrement financing mould be less them the nrcrease in market value estimated to result from the proposed derelopnrent after subtracting the present slue of the projected tax increments for the maxinrrun duration of the TIF District permitted by lire Plan: The City supported this finding on the grounds that the cost of site and public improvements and utilities add to the total redevelopment cost. Historically, site and public improvements costs in this area have made redevelopment infeasible without tax increment assistance. Therefore_ the City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $ ] 03,661,700. The present value of tax increments from the District is estimated to be $9,93 ],376. It is the Council's finding that no development with a market value of greater than $93,730,324 would occur without tax increment assistance in this district within 25 years. This findins is based upon evidence from general past experience ~+ith the high cost of acquisition and public improvements in the general area of the District(see Cashflow in Appendix D of the TIF Plan). APPENDIX /l~ ~•? 3. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 2-4 conforms to the general plain for the development or redevelopment of the municipality as a irhole. The Planning Commission reviewed the Plan and found that the Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for TczY Increment Fnrancing District No. 2-4 x•ill afford maximum opportunit}-, consistent with the sound needs of the City as a irhole, for the development or redevelopment of Redevelopment Project No. 2 by prirate enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add a high quality development to the City. APPENDIX //~ c-: City of Eagan Property Inspection Report Proposed TIF District Number 2-4 JANUARY 2002 File No. 49-01-117 Iia City of Eagan Property Inspection Report The following is the summary of the inspection report for the City of Eagan as it relates to proposed TIF District Number 2-4. The parcels are located in the vicinity of State Highways 55 and 149 with the parcels accessible from State Highway 55. On-site inspections of the properties were conducted during the week of January 21, 2002 for the purpose of determining the evidence of substandardness in accordance with Minnesota Statute. Procedures To qualify as a Redevelopment District certain requirements as defined by Minnesota Statute must be met, they are: Parcels that make up 70% of the district are improved More then 50% of the buildings (excluding outbuildings are structurally substandard to a degree requiring substantial renovation or clearance. Coverage Test Under the definition, 70 percent of parcels must be occupied to meet the coverage test. Parcels are considered occupied if at least 15 percent of the area contains improvements, with improvements consisting of "buildings, streets, utilities or other improvements" Condition of Buildings "Structurally substandard" is defined in Minnesota Statute Section 469.174 subdivision 10. Buildings define as "containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost less then 15 percent of the cost of constructing a new structure of the same square footage and type on the site". The properties were inspected and comment made to determine the condition of the 'improvements as they relate to current building codes in effect at the date of inspection. The process included on site evaluation of the properties where access could be secured. The field notes are attached to this report. The City files pertaining to the properties were also reviewed; these files included information referencing the specific addresses in question and were provided by the City of Eagan. Files reviewed included Address files, Code Enforcement files and Planning files. Proposed TIF District Number 2-4 f t~~ General Description of District The proposed TIF District 2-4 for the City of Eagan is a series of parcel along Highway 55, Blue Gentian Circle and Dodd Road. The structures in the district are comprised of commercial, industrial and residential properties. Residential Properties Parcels identifies as 1 through 16 are located in the northern most area of the proposed district and are all residential properties. The structures in this area of the district were constructed in the 1950s with the exception of parcel 5 that has a listed date of construction of 1974. The area is not served by city water or sewer with each residence utilizing individual wells and septic systems. Blue Gentian Circle is an unpaved street and there are no curbs gutters or storm drainage structures. CommerciaVIndustrial Properties The commerciaUindustrial properties are concentrated along Highway 55 and Dodd Road. The structures located to the south west of Highway 55, parcels 17 through 24, are predominantly large floor plate industrial buildings built in the 1950s and early 1960s. These are flat roofed masonry bearing structures with largely developed land surrounding the structures. The structures accessed from Dodd Road are similar construction type and were constructed in 1966 for parcel 27, 1975 for parcel 28 and 1980 for parcel 29. The density of this area is slightly less than the Highway 55 corridor. All of the commercial and industrial properties are served by city utilities and all the properties were included in previous TIF property inspections. Summary of Findings Coverage Test The following represents the finding of the coverage analysis. Coverage includes all improvements as defined by statutes; residential properties include septic systems where applicable. For verification of coverage, actual building sizes were used and verification of improvements were conducted utilizing aerial photos2. Residential properties with septic system are assumed to have nominal drainfields of 60 foot by 100 foot required. Site improvements include pavement, utilities and other structures. .-,~ ~ Reference attached district map Z See attached photos Proposed TIF District Number 2-4 /~ Map ID number 'Total Parcel Coverage Percent Pass Property Address Size Sq ft of Coverage Covera e ID # 1 .604 acres NA 20% Yes Vacant Land 26,310 s ft 5,262 Site ID #2 .337 acres 2,453 Structures 50% Yes 999 Blue Gentian Circle 14,680 s ft 6,500 Site ID #3 .361 acres 2,146 Structures 54% Yes 1003 Blue Gentian 15,725 sgft 6,500 Site Circle ID #4 .549 acres 2,886 Structures 39% Yes 1011 Blue Gentian 23,914 sgft 6,600 Site Circle ID #5 .860 acres 3,642 Structures 27% Yes 1015 Blue Gentian 37,462 sgft 6,600 Site Circle ID #6 1.307 acres 2,345 Structures 15% Yes 1023 Blue Gentian 56,933 sq ft 6,700 Site Circle ID #7 1.167 acres 2,144 Structures 17% Yes 1027 Blue Gentian 50,835 sgft 6,750 Site Circle ID #8 2.407 acres NA NA No Vacant Land ID #9 1.176 NA NA No Vacant Land ID #10 2.378 acres 2,542 Structures 5% No 1030 Blue Gentian 103,586 sgft 6,500 Site Circle ID #11 1.20 acres Parcel 10 and 11 NA NA 1030 Blue Gentian 52,272 sgft improved as one Circle ID #12 2.011 acres 2,734 Structures 10% No 1020 Blue Gentian 87,164 sgft 6,500 Site Circle ID #13 2.033 acres NA NA No Vacant Land ID #14 .961 acres 3,217 Structures 23% Yes 1000 Blue Gentian 41,861 sgft 6,500 Site Circle ID #15 .996 acres 2,783 Structures 21% Yes 990 Blue Gentian Circle 43,386 s ft 6,500 Site ID #16 1.022 acres 2,268 Structures 19% Yes 988 Blue Gentian Circle 44,518 s ft 6,500 Site ID #17 6.776 acres 70,717 Structures 49% Yes 2735 Hi hwa 55 295,163 s ft 75,000 Site a See attached property map Proposed TlFDistrict Number l-4 ~~ ID #18 .537 acres 6,707 Structures 54% Yes 2745 Hi hwa 55 23,392 s ft 6,000 Site i ID #19 2.442 acres 131,380 Structures 85% Yes ~ 2755 Hi hwa 55 106,374 s ft 65,700 Site ID #20 2.881 acres Parcels 19 and 20 NA NA 2755 Hi hwa 55 125,496 s ft im roved as one ID #21 4.672 acres 80,047 Structures 80% Yes 2767 Hi hwa 55 203,512 s ft 82,760 Site ID #22 2.790 acres 78,000 Structures 97% Yes 2785 Hi hwa 55 121,532 s ft 39,888 Site ID #23 6.269 acres 116,800 Structures 95% Yes 2795 Hi hwa 55 273,078 s ft 142,624 Site ID #24 14.781 acres 41,478 Structures 99% Yes 2811 Hi hwa 55 643,860 s ft 595,943 Site ID #25 2.430 acres NA NA No Vacant Land ID #26 4.892 acres NA NA No Vacant Land ID #27 .929 acres 11,580 Structures 65% Yes 2815 Dodd Road 40,467 s ft 15,000 Site ID #28 2.513 acres 22,605 Structures 92% Yes 2809 Dodd Road 109,466 s ft 78,100 Site ID #29 2.891 acres 14,862 Structures 55% Yes 2805 Dodd Road 125,932 s ft 54,400 Site Percent Meeting 74% Yes Defined Coverage 26% No Test Condition of Building The following represents the results of the inspection of the properties for structural deficiencies as defined by Minnesota Statute. All property owners where notified in writing of the desire to conduct property inspections on two separate occasions. Follow-up phone call and/or onsite requests were made to each of the properties. For the residential properties the values reached for the cost of repairs to meet code are broken down into two numbers, first is the number arrived at by inspection of the properties and the second is the estimate of assessment related to utilities. The properties identified as parcels 1 _~through 16, residential properties, are in an area the is not served by water and sewer, under current code these properties, if constructed to meet current code, would be required to be connected to the municipal water, sanitary sewer and storm drainage systems. The City of Eagan has estimated that the cost to provide the utilities to the area at $460,000.00 each property has been assed an amount based on percentage of road &ontage4, and as indicated in the table below. ° See attached estimate of frontage Proposed TIF District Number 2-4 ~~~ Map ID Assessed Value Estimated New Percent of Sub- Numbers Cost of Construction New Standard Property Repair Cost Construction Address Cost ID #1 $19,500.00 NA NA NA NA Vacant Land ID #2g $101,200.00 $27,172.00 $105,875.00 25% Yes 999 Blue Gentian $13,800.00 13% Circle Total 3 8% ID #3 $85,700.00 $24,200.00 $87,500.00 27% Yes 1003 Blue $13,800.00 15% Gentian Circle Tota142% ID #4 $118,300.00 $29,516.00 $121,200.00 24% Yes 1011 Blue $20,700.00 17% Gentian Circle Tota141 ID #5 $153,200.00 $32,034.00 $166,680.00 19% Yes 1015 Blue $25,300.00 15% Gentian Circle Total 34% 1D #69 $97,400.00 $24,146.00 $95,975.00 25% Yes 1023 Blue $29,900.00 31 Gentian Circle Tota156% ID #7 $83,800.00 $24,200.00 $85,200.00 28% Yes 1027 Blue $27,600.00 32% Gentian Circle Total 60% ID #8 $119,600.0010 NA NA NA NA Vacant Land ID #9 $6,300.00 NA NA NA NA Vacant Land ID #10" $99,000.00 $19,321.00 $123,510.00 15% Yes 1030 Blue $75,900.00 61% Gentian Circle Total 76% ID # 11 NA' z NA NA NA NA 1030 Blue Gentian Circle ' See attached property map 6 Assessed building value per Eagan Property Records Land value only $ Based on outside observation access not available 9 Based on outside observation house vacant 10 Land value only "Based on outside observation access denied 12 Building assessed value is part of ID #10, combined lot Proposed TIF District Number 2-4 ID #12 $112,400.00 $25,564.00 $114,360.00 22% Yes 1020 Blue $41,400.00 36% Gentian Circle Total 58% ID #13 $76,800.00'3 NA NA NA NA Vacant Land ID #14 $128,400.00 $31,996.00 $134,640.00 23% Yes 1000 Blue $23,000.00 17% Gentian Circle Tota140% ID #514 $141,900.00 $31,047.00 $152,145.00 20% Yes 990 Blue Gentian $23,000.00 15% Circle Tota135% ID # 1615 $118,700.00 $21,408.00 $122,400.00 17% Yes 988 Blue Gentian $18,400.00 15% Circle Tota132% ID #17 $1,004,400.00 $369,406.00 $2,121,510.00 17% Yes 2735 Hi hwa 55 ID #1816 $219,400.00 $120,023.00 $355,471.00 33% Yes 2745 Hi hwa 55 ID #19' $771,000.00 $1,129,605.0018 $3,021,740.00 37% Yes 2755 Hi hwa 55 ID #20 Parcels 19 and NA NA NA NA 2755 Highway 55 20 improved as one ID #2119 $1,171,900.00 $764,075.0020 $1,841,081.00 41% Yes 2767 Hi hwa 55 ID #22 $1,238,000.00 $349,720.00 $1,794,000.00 19% Yes 2785 Hi hwa 55 ID #23 $1,636,600.00 $200,000.00 $2,686,400.00 7% No 2795 Hi hwa 55 ID #24 $405,000.00 $121,500.00 $953,994.00 12% No 2811 Hi hwa 55 '3 Land value only 14 Based on outside observation, access denied `5 Based on outside observation, not home at inspection time '6 Based on outside observation access denied ~~ Access denied '8 Based on previous evaluation for TIF '9 Access Denied 2° Based on previous evaluation for TIF Proposed TIF District Number 2-4 ID #25 $185,300.0021 NA NA NA NA Vacant Land ID #26 $372,900.0022 NA NA NA Yes Vacant Land ID #27 $269,200.00 $62,700.00 $266,340.00 23% Yes 2815 Dodd Road ID #28 s $188,200.00 $120,000.00 $339,075.00 35% Yes 2809 Dodd Road ID #29 a $489,300.00 $132 700.00 $445,860.00 29% Yes 2805 Dodd Road Percent Yes 91 meeting No 9% definition of substandard More then 50 percent of the parcels are deemed substandard by this evaluation. 1 21 Land value only z2 Land value only 23 Based on outside observation access denied 24 Base on outside observation access denied Proposed TIF District Number 2-4 ~~ 1 /' . \~'/ f X11 ~ ....~ ., _..:. l •, 111 + ti....~ / ~' it ~// i~~' ~ ~\ /,~`'` • _ ~.~ ;~~, , ;,/ ~, ;.». .... .. •:>;: / ~~~ / ./ ~ ~ ~• :' / tr / ,;fs '~i''~, ~Y~ f/ / / f f ~j. ... .... .::.:< :~:: ~: w:.. % /` ~ •:::::; :::.. .; ... . . i ~ , / , / .} ~l N ~t ~ ! j;:/: ~ i /, + '', . 1 / i '/: i / ~ ~ 'y ~ i~ +1........ .. Z '\ r i / ~; , `~ . ~~. ~ ~ O F!'' :" .. .~ ;~. ..~_.. ~: Z ., // ~":: x , ~... e /fir X~.. ` ^~„~ .::n-.~ ~ , •.~ .I~0 ~.~ !~~ Eagan TIF 2-4 , Assessment of Utilities to residential Properties Assessment based on percentage of frontage to total frontage Total estimate of utilities costs of $460,000.00 as provide by the City of Eagan North side of street 50% of cost $230,000.00 ID # 1 13% $29,900.00 ID # 2 6% $13,800.00 ID # 3 6% $13,800.00 ID # 4 9% $20,700.00 ID # S 11% $25,300.00 ID # 6 13% $29,900.00 ID # 7 12% $27,600.00 ID # 8 26% $59,800.00 South side of street SO% of cost $230,000.00 ID # 10 33% $75,900.00 ID # 11 Combined with parcel 10 ID # 12 18% $41,400.00 ID # 13 20% $43,700.00 ID # 14 10% $23,000.00 ID # 15 10% $23,000.00 ID # 16 8% $18,400.00 .~ Proposed TIF District Number 2-4 9 ~~! ~5 f.l _;. MEMO ~~~ ~ city of eagan TO: JAiVIIE VERBRL-GGE, ASSISTAI~IT CITY AD1-iIi~TISTRATOR FROM: JOIL'~' GORDER, ASSISTANT CITY ENGINEER DATE: JANUARY 10, 2002 SUBJECT: BLUE GENTIAl~1 CIRCLE - NE EAGAN TIF DISTRICT N0.2-4 As requested in your a-mail to Tom Colbert, the figures below indicate the estimated costs (based on the 2002 Fee Schedule) to upgrade Blue Gentian Circle to current City standards, including extending sanitary sewer and water main: Blue Gentian Circle (approximately 1.90 in lend • Sanitary Sewer = $46.70/ foot = $91,000 • Water Main = $47.20/ foot = $92,000 • Street w/ Storm Sewer & Grading = $130.30/ foot = $254,000 • Additional Storm Sewer -Connection to Pond = $23,000 Total 5460,000 Based on a minimum of an 8~-foot lot width and on the front footage of the fifteen properties adjacent to Blue Gentian Circle, w-e estimate there to be 26 lot equivalents. The estimated rate per lot equivalent calculates out to be the following: $460,000/ 261ot equivalents = 517,700/ lot equivalent Contact me if you need any further information on this. /az AFFIDAVIT OF PUBLICATION PUBLIC NOTICE NOTICE OF PUBLIC EIF.ARING CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA NOTICE IS HEREBY CIVEN that the City Council of the City of Eagan, Dakota County. State of Minnesota, will hold a public hearing on February 19. 2002, at approximately 6:30 P.M. at the Eagan City Council Chambers in City Hall, 3830 Pilot Knob Road, Eagan. Minnesota, relating to the proposal of the Eagan Economic Development Authorih (the "EDA") to adopt the Modification for Northeast Eagan Development District No. 2: to establish Tax Increment Financing Dis- trict No. 2-0 la redevelopment tax•increment financing district) within Northeast Eagan Development District No. 2 and adopt the Tax Increment Financing Plan Ithe "Plan") therefor, pursuant to Minnesota Statales. 46-9.090 through 469J082 and Sections 469.174 to 969.179, all inclusive, as amend- ed. Copies of the Plan are on file and available for public inspection at the office of the Assistant City Administrator at Cih Hall. The property to be included in Tax In- crement Financing District No. 2-4 is located within Northeast Eagan Development Dis- trict No. 2 and the City of Eagan. A map of Northeast Eagan Development District No. 2 and Tax Increment Financing District tio. 2- 4therein is set forth below. Subject to cer- tain limitations, tax increment from Tax In- crement Financing District No. 2-0 may be spent on eligible uses within the boundaries of Northeast Eagan Development District No. 2. - .~'_ e.....e~,ar.e....a..bb.:~ Q' rs oru.a we. t-s ~ . All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA -+/s/ Jamie Verbrugge, Assistant City Administrator 730 2rl & 2/9/02 STATE OF MINNESOTA ~ SS County of Dakota ) TERESA L. FULTS, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota ~ountyTribune, and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. (B)The printed ~- -~' which is attached was cut from the columns of said newspaper, and was printed and published once earbltzr suececswa~eeks; it was ~~ L "~ first published on Thursday, the ~ ~T 11 day of ~~ o ~ ~~ Lt ~ t ~ ` , '~ r ~ ,~_~'. 1 and was thereafter printed and published on every Thursday to and including Thursday, the day of ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnoDarstu~rxyz L_. v TITLE: Secretary Subscribed and sworn to before me on this s n'~ ~?~ t ~_ day of t~.~ ! ~ ~~ ~ ~ t ~, ~, ~ Notary Public 1 ~ - r nni.~w-.~v v~ww~w~.nnnnnnn.~wwv. e ~~ CAROL ,1. HAVERLAND - `ti~E, NGT~Rv ?J3L.C - Mtn~r.lESO7A ~' M~- Cemmiss~or Expires 1-St~2uD5 ^ vwvw~~~~wwv.~w~nnv~nnnniv s ea3 FEBRUARY 7, 2002 NOTICE OF PUBLIC HEARING CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eagan, Dakota County, State of Minnesota, will hold a public hearing on February 19, 2002, at approximately 6:30 P.M. at the Eagan City Council Chambers in City Hall, 3830 Pilot Knob Road, Eagan, Minnesota, relating to the proposal of the Eagan Economic Development Authority (the "EDA") to adopt the Modification for Northeast Eagan Development District No. 2; to establish Tax Increment Financing District No. 2-4 (a redevelopment tax increment financing district) within Northeast Eagan Development District No. 2 and adopt the Tax Increment Financing Plan (the "Plan") therefor, pursuant to Minnesota Statutes, 469.090 through 469.1082 and Sections 469.174 to 469.179, all inclusive, as amended. Copies of the Plan are on file and available for public inspection at the office of the Assistant City Administrator at City Hall. The property to be included in Tax Increment Financing District No. 2-4 is located within Northeast Eagan Development District No. 2 and the City of Eagan. A map of Northeast Eagan Development District No. 2 and Tax Increment Financing District No. 2-4 therein is set forth below. Subject to certain limitations, tax increment from Tax Increment Financing District No. 2-4 may be spent on eligible uses within the boundaries of Northeast Eagan Development District No. 2. A map of the proposed Development District to be modified and the proposed Tax Increment Financing District to be established is attached to this notice. All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA /s/ 7amie Verbrugge Assistant City Administrator 651-681-4603 jverbrugge@cityofeagan.com ~~y Z si 6ia ano~~ ~anu~ i 0 N ~ ? ~ O ~ Z ~ ,v L ~ .~..r o'° ~ .~~ z r°' Q }+ ~ ~' H ~ N ~: ; ~. O o z ~, _ ~, ~~ ~° > .~ ~ r~- ~, L ~ 0 to ~'. J C ~~° N o W ~ z v ~'' d uo~ uixa~ ~ ~ .. G O ~ 5y a~ LL ~ ~ r~ F- .*.+ °'i~eQ L °P6~~ / O Z as C O U N T Y Treasurer-Auditor January l8, 2002 Dakota County Administration Center 1590 Highway 55 Mr. Jamie Verbrugge, Assistant City Administrator Hastings, MN 55033 City of Eagan 651.438.4576 3830 Pilot Knob Road Fax 651.438.8260 Eagan, MN 55122-1897 BY FAX AND REGULAR MAIL Fax 651.438.4399 651-681-4612 www.co.dakota.mn.us RE: Transportation Costs for Proposed TIF District 2-4 Dear Mr. rugge, ~~r Thank you for providing a copy of the proposed Tff plan for Tff District 2-4 for consideration of its impact to the county transportation system. The Transportation Department has reviewed the plan and finds that improvements may be necessary to the transportation system in the area when Blue Gentian Road is improved and connected with TH 55. These improvements are not included in the County CIP. Enclosed is County Board Resolution No. 02-20 dated January 8, 2002 requiring tax increment revenue of $385,000 be used to finance the County's 55% share of the estimated $700,000 in road improvement costs. The improvements must be included in the TIF plan. The improvements are to be constructed and paid for at such time as required as a result of intersection revisions related to the TIF improvements and no later than 2029. Please contact me at 651-438-4363 if you have any questions about this request. Sincerely, -,-- ~ ~CL ~. ~Q.`~tC-t- Cc Pamela S. Mattila Treasurer-Auditor Manager Enclosure Cc: Carol Leonard, Treasurer-Auditor c~ ~~~ o~ ~Y~~a P.~. /~ 6 iN )Of. posFronsume. wasu. AN EWN OPp11TUNRV BT OV91 BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY, MINNESOTA January 8, 2002 Motion by Commissioner Turner Resolution No. 02-20 Second by Commissioner Bataglia Review of Transportation System Improvements Related to Tax Increment Financing (TIF) District No. 2-4 in the City of Eagan WHEREAS, the City of Eagan has submitted a Tax Increment Financing (TIF) Plan for TIF District No. 2-4 to Dakota County for review; and WHEREAS, the Dakota County Board received the TIF Plan for TIF District No. 2-4 on December 10, 2001 to review for County Road Impacts; and WHEREAS, the City of Eagan established a public hearing date of January 22, 2002, for the TIF Plan for TIF District No. 2-4; and ' WHEREAS, the Eagan city staff has proposed a revised public hearing date of February 19, 2002, for the TIF Plan for TIF District No. 2-4; and WHEREAS, Minn. Stat. § 469.175, subd. 1a, provides that the Board of Commissioners may require the TIF authority to pay all or a portion of the cost of County road improvements out of tax increment revenues, under certain conditions; and WHEREAS, the Dakota County Transportation and Planning Departments reviewed the TIF Plan for TIF District No. 2-4 and determined that transportation system improvements could be necessary to accommodate the potential increased traffic on CR 43 (Lexington Avenue); and WHEREAS, the Dakota County Transportation Department has determined that the cost of needed improvements could exceed $385,000 from TIF District 2-4. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby acknowledges receipt of the TIF Pian for TIF District No. 2-4 in the City of Eagan; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby makes the following findings of fact: 1. The proposed tax increment financing plan contemplates the construction of a development that may require the revision of traffic signals at County Road 43 and TH 55, left tum lanes and the widening of County Road 43 and surface and crossing protection for the railroad crossing of County Road 43; and 2. The road improvements and other road costs are not scheduled for construction within the five years under the County's adopted 2002-2006 Capital Improvement Program; and 3. The road improvements and other road costs would not reasonably be expected to be needed within the reasonably foreseeable future if the tax increment financing plan were not implemented; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners, pursuant to Minn. Stat. § 469.175, subd. 1 a, hereby elects to use tax increment to finance any road improvements related to TIF District 2-4 in the City of Eagan, in the amount of $385,000, to be constructed and paid for at such time as required as a result of intersection revisions related to the TIF improvements and no later than 2029. :~' STATE OF MINNESOTA County of Dakota I, Mary S. Schelde, Clerk to the Board of the County of Dakota, State of Minnesota, do hereby certify that 1 have compared the foregoing spy of a resolution with the original minutes of the proceedings of the YES NO Board of County Commissioners, Dakota County, Minnesota, at their Harris X Hams session held on the 8'" day or January 2002, now on file in the County Administration Department, and have found the same to be a true and Maher X Maher correct copy thereof. Bataglia X Bataglia Witness my hand and official seal of Dakota County this t5" day of Schouweiler X Schouweiler January 2002. Turner X Turner , 2 ' ~. ~ ~ `~" Krause X Krause . ~~-t ' Branning X Branninp ;` Clerk to the Board /" Agenda Information Memo February 19, 2002 VII. NEW BUSINESS A. ORDINANCE AMENDMENT -CHAPTER 5, SECTION 5.51, OF THE EAGAN CITY CODE ENTITLED BEER, WINE AND LIOUOR LICENSING AND REGULATION REGARDING SPORTS OR CONVENTION FACILITIES LIQUOR LICENSE FEE ACTION TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 5, Section 5.51, entitled Beer, Wine and Liquor Licensing and Regulation regarding the daily sports or convention facilities liquor license fee. FACTS: On January 22, 2002, the City Council directed the City Attorney's office to prepare an ordinance amendment to Chapter 5 of the City Code regarding beer, wine and liquor licensing to provide for an annual sports or convention facilities liquor license and related fee. In preparation of the RFP process associated with obtaining a liquor vendor at the Eagan Community Center, staff was asked to review the City Code with regard to the serving of alcohol at this facility. Chapter 5, Section 5.56, provides that the Council may authorize any holder of an on-sale liquor license, issued by the city or by an adjacent municipality, to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the city or instrumentality thereof having independent policy-making and appropriating authority and located within the city. The license that is authorized for this purpose is known as a sports or convention facility license. Chapter 5, Section 5.51 identifies the fee for the daily sports or convention facility license fee, which is $50. The ordinance is being amended to include a provision for an annual license and related annual fee. • Staff is proposing an annual license fee of $600 for the convention facility license. This fee is in addition to the fee required to obtain an on-sale liquor license. With an annual fee of $600, those establishments conducting less than 12 events per year - could apply for daily licenses with a fee of $50 per event. For those establishments holding more than 12 events per year, it would be more practical, both economically and administratively, to apply for an annual license. ATTACHMENTS: • Draft Ordinance Amendment to Chapter 5, page /.2 ~' ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.51, SUBD. 5, REGARDING SPORTS OR CONVENTION FACILITIES LIQUOR LICENSE FEE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by changing Section 5.51, Subd. 5, to read as follows: Subd. S. The daily sports or convention facilities liquor license fee is $50.00. The annual sports or convention facilities liquor license fee is $600.00. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels Its: City Clerk Date Ordinance Adopted: By: Patricia E. Awada Its: Mayor ._ ,Date Ordinance Published in the Legal Newspaper: ~a9 Agenda Information Memo February 19, 2002 B. ORDINANCE AMENDMENT -CHAPTER 5, SECTION 5.52, OF THE EAGAN CITY CODE ENTITLED BEER, WINE AND LIOUOR LICENSING AND REGULATION REGARDING THE NUMBER OF ON-SALE LIOUOR LICENSES AVAILABLE TO BE ISSUED IN THE CITY ACTION TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 5, Section 5.52, of the Eagan City Code entitled Beer, Vine and Liquor Licensing and Regulation regarding the number of on-sale liquor licenses available to be issued in the City of Eagan. FACTS: • On January 22, 2002, the City Council directed the City Attorney's office to prepare an ordinance amendment to Chapter 5, Section 5.52 of the City Code regarding the number of on-sale liquor licenses available to be issued in the City of Eagan. • In determining the number of on-sale liquor licenses available to the City of Eagan, Minnesota Statute, §340A.413, Subd. 1(2) provides that asecond-class city may issue 18 liquor licenses, plus one for every 2,500 in population over 45,000. For purposes of determining the number of permissible liquor licenses to be issued, the most recent U.S. Decennial Census figures are used. According to the 2000 Census, Eagan's population was 63,557. Using 63,557 as a base figure, the City of Eagan would be eligible for the 18 licenses plus an additional ? for a grand total of 25. • Historically, in 1994, in response to population growth and market demand, the City was successful in obtaining special legislation granting 3 more on-sale licenses in addition to the 18 previausly authorized by Minnesota Statutes. This resulted in a total of 21 available on- sale licenses. In 1996, additional special legislation increased the number from 3 to 8 for a total of 261icenses. Further special legislation in 1998 increased the number from 8 to 12 for a total of 30 on-sale liquor licenses. The special legislation is written such that the City is consistently authorized 12 more licenses than the number calculated based on population. • While the latest census figures allow the City to issue 25 on-sale licenses per State Statute, the City still retains the ability to grant 12 additional licenses previously approved by special legislation. Special licenses granted by the legislature are granted for perpetuity unless a specific limitation is place on them and, in this case, there is no such limtation. Therefore, by amending the City Code, the total number of on-sale licenses that will be available for issuance in Eagan will increase from 30 to 37. • For the year 2002, 25 on-sale liquor licenses were issued with 23 issued to restaurants and 2 issued to hotels. Since the City Code currently allows 27 licenses to be issued to restaurants and 3 to hotels (30 total), there are 4 licenses available for restaurants with 1 remaining for a hotel. • In 2001, 25 on-sale liquor licenses were issued and, in 2000, 241icenses were issued. Although the past several years do not indicate an immediate need to increase the number of available licenses, the proposed ordinance amendment will provide both the availability and flexibility to address the City's needs, as determined by the market, into the future. ~~ • The current language in the City Code determines how the on-sale licenses shall be allocated, i.e. 27 for restaurants and 3 for hotels. The ordinance amendment maintains the current allocation and lists the seven newly available licenses as unallocated. The City Council may determine a new allocation at this time or as the market dictates the need. • Staff notified all current on-sale liquor license holders (251icensees) of the proposed ordinance amendment and the date of the Council meeting. Staff received one comment from Al Baker who questioned whether the intent of the special legislation was to grant the additional licenses for perpetuity. ATTACHMENTS: Draft Ordinance Amendment to Chapter 5 on page ~:~ ~ 3-3• /.3/ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.52, SUBD. 11, REGARDING THE NUMBER OF ON-SALE LIQUOR LICENSES AVAILABLE TO BE ISSUED IN THE CITY AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by changing Section 5.52, Subd. 11, to read as follows: Subd. 11. 337 on-sale licenses may be authorized. All on-sale licensed shall be for premises situated in a commercial or industrial use district under a conditional use permit. The 38 37 licenses shall be distributed as follows: A. Three licenses for hotels; B. 271icenses for restaurants; C. Seven unallocated licenses. D. No license shall be held for more than two years without being used. E. Any on-sale license issued to the following entities shall be excluded from and in addition to the number on-sale licenses authorized by this subdivision. (1) Clubs or congressionally chartered veteran organizations. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. /3~ ATTEST: By: Maria Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Patricia E. Awada Its: Mayor /33 Agenda Information Memo February 19, 2002, Eagan City Council C. PRELIMINARY SUBDIVISION (NORTHWOOD BUSINESS PARK 3~ ADDITION) - NORTHWOOD EQUITY, LLC ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create two lots on approximately 17.7 acres located north of Northwood Parkway and west of Lexington Avenue in the SE '/4 of Section 10, subject to the conditions listed in the APC minutes. FACTS: • The proposed subdivision is the third phase in the Northwood Business Park development. The original development site consisted of about 24 acres. • The first phase was in 1999, and at that time the developer showed a comprehensive development plan for the entire 24 acres. However, the first subdivision created just one lot and the balance of the property was platted as an outlot. • Phase 2 replatted the outlot as a single 17.7-acre lot, and a 47,600 square foot office building was constructed in the northwest portion of the site. • The developer is now ready to proceed with construction of the third phase, and further subdivision of the 17.7-acre parcel is required to create a separate lot for the third building. • The first phase included a comprehensive review of tree preservation and wetland impacts on the entire 24-acre development site. Phase 1 construction included the wetland mitigation, grading, installation of utilities and much of the tree removal. • The Advisory Planning Commission held a public hearing on January 29, 2002, and did recommend approval, subject to the conditions in the APC minutes. ATTACHMENTS (2): January 29, 2002, APC Minutes, pages f~.St~~. Staff Report, pages through /3f City of Eagan Advisory Planning Commission Meeting Minutes January 29, 2002 ~ ~ ~~ T Page 12 D. PRELIMINARY SUBDIVISION - NORTHWOOD EOUITY LLC A Preliminary Subdivision (Northwood Business Park 3r Addition) of 17.7 acres to create two commercial/industrial lots, located on Northwood Circle in the SE '/4 of Section 10. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 16, 2002. She noted the background and history. The applicant's respresentative, Jay Hill of John Oliver & Associates, stated he concurs with everything in the staff report. Chair Huusko opened the public hearing. There being no further public comment, Chair Huusko closed the public hearing and turned discussion back to the Commission. Member Steininger moved Member Segal seconded a motion to approve the Preliminary Subdivision (Northwood Business Park 3rd Addition) of 17.7 acres to create two commercial/industrial lots, located on Northwood Circle in the SE '/4 of Section 10, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B3, B4, C1, C2, D1, and El 2. The property shall be platted. 3. Right of access to along Lexington Avenue shall be dedicated to Dakota County on the Northwood Business Park 3rd Addition plat. 4. The developer should submit the required wetland mitigation monitoring reports for review and acceptance by City staff prior to final subdivision approval for Northwood Business Park 3rd Addition. 5. Prior to final subdivision approval, the applicant shall provide an updated Tree Inventory and Mitigation Plan identifying the replacement plantings for the entire Northwood Business Park Development and demonstrating full satisfaction of mitigation requirements in accordance with the City's Tree Preservation ordinance. The Plan shall show graphically and in tabular form the replacement plantings for Phases 1, 2, and 3 separately. 6. A landscape plan for the Phase 3 building will be required with the application for building permit. All voted in favor /.3-s PLANNING REPORT CITY OF EAGAN REPORT DATE: January 16, 2002 APPLICANT: Northwood Equity, LLC PROPERTY OWNER: Northwood Equity, LLC REQUEST: Preliminary Subdivision CASE: 10-PS-21-12-01 HEARING DATE: January 29, 2002 APPLICATION DATE: Dec. 19, 2002 PREPARED BY: Pamela Dudziak LOCATION: 3265 Northwood Circle COMPREHENSIVE PLAN: SA, Special Area ZONING: BP, Business Park SUMMARY OF REQUEST Northwood Equity, LLC is requesting approval of a Preliminary Subdivision (Northwood Business Park 3`d Addition) of approximately 17.7 acres on property located north of Northwood Parkway and west of Lexington Avenue in the SE '/4 of Section 10. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission . artd the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: ~ ~ ~' A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. ~. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. /36 Planning Report -Northwood Business Park 3rd Addition January 29, 2002 Paae 2 D. That t11e site ph}~sically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements wili not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as _ full}c as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY 'The proposed subdivision is the third phase in the Northwood Business Park development. The original development site for Northwood Business Park consisted of approximately 24 acres located east of Home Depot and west of Lexington Avenue. The first subdivision was in 1999. At that time, the developer showed a comprehensive site development plan for the entire 24 acres, however, the initial subdivision created just one lot in the southtivesterly portion of the site and the balance of the property was platted as an outlot. Phase 2 replatted the outlot as a single parcel, and a 47,600 sq. ft. office building was constructed in the northwesterly part of the site. The developer is now ready to proceed with construction of the third phase, and further subdivision is required to create a separate lot for the third building. /3 ~ Planning Report -Northwood Business Park 3rd Addition January 29, 2002 Page 3 EXISTING CONDITIONS The subject site consists of one platted parcel (Lot 1, Block 1, Northwood Business Park 2nd Addition), and currently has a zoning designation of BP, Business Park. Much of the site vas graded and utilities were installed with Phase 1. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North USPS Bulk Mail I-1, Limited Industrial IND, Limited Facilit Industrial South Single-Family; A, Agriculture; SA, Special Area Promenade Oaks PD, Planned Townhomes; Development; Slumberland PD East Metz Bakery east of BP, Business Park BP, Business Park Lexington Avenue West Home Depot PD, Planned SA, Special Area Develo ment EVALUATION OF REQUEST Lots -The site consists of a 17-acre parcel, Lot 1, Block 1, Northwood Business Park 2nd Addition. The site is developed with a 47,600 square foot office building in the northwest part of the site. The Business Park zooming district impos ~s ~ ~ -1/2 acre minimum lot area and 100 foot , width requirement. The proposed subdivision will create two lots, both of which satisfy the Business Park lot standards. Lot 1 = 4.81 acres (existing building, 28.1 % green space; 23% building coverage) Lot 2 = 12.91 acres (Phase 3 new construction) Grading -The preliminary grading plan is acceptable. The site was graded previously with the Northwood Business Park development. Storm Drainage -The preliminary storm drainage plan is acceptable. Storm sewer was constructed under the Northwood Business Park development for connection and use by the future building on proposed Lot 2. Utilities -The preliminary utility plan is acceptable. Sanitary sewer and water main services were constructed under the Northwood Business Park development for use by this development. /3d' Planning Report -Northwood Business Park 3rd Addition January 29, 2002 Page 4 Streets/Access/ Circulation -Public street access is available from Northwood Circle to the south. Dakota County will not allow public street access to Lexington Avenue (County Road 43) to the east. Wetlands/Water Ouality - A wetland replacement plan for the 24-acre Northwood Business Park development was approved with the initial phase. Replacement of impacted wetland areas has been completed in accordance with the plan, however, annual monitoring reports have not been submitted by the developer to the City, as required by state wetland conservation laws. The developer should submit the required wetland mitigation monitoring reports for review and acceptance by City staff prior to final subdivision approval for Northwood Business Park 3rd Addition. Easements/Ri~hts of Way/ Permits -Right of access vas dedicated to Dakota County on the Northwood Business Park 2nd Addition plat, and shall be dedicated to Dakota County on the Northwood Business Park 3rd Addition plat. Landsca~in~ - A landscape plan for the Phase 3 building will be required with the application for building permit. A master landscape plan for Northwood Business Park vas submitted with earlier phases of the development. Tree Preservation -Since much of the site vas graded, utilities installed and trees removed, with the first phase, tree preservation for all of the Northwood Business Park development was reviewed at that time. The Tree Inventory and Preservation Plan submitted with the initial phase included anticipated tree removal for a total of four buildings on the 24-acre site. Thus far, the site has been graded for three buildings, and this proposed subdivision creates a lot for only one new building. A fourth building within this development would require further subdivision in the future. The required tree replacement calculated to 26 L Category B trees, to be phased in with successive phases of the developr?ient. The first phase included 59 replacement trees, and another 57 are shown on the plans for Phase 2, although they have not yet been planted. This leaves an unsatisfied mitigation balance of 145 Category B trees. The City Forester questions whether the mitigation requirements can be fully satisfied through on-site planting. It should be noted that the total mitigation amount could be reduced by reducing the amount of tree removal throughout the development. The area southeast of the proposed Phase 3 building has not yet been graded and several significant and specimen trees appear to be located in that area. Preserving those trees will reduce the amount of removal, and consequently the amount of required mitigation. Prior to final subdivision approval, the applicant should provide an updated Tree Inventory and Mitigation Plan identifying the replacement plantings for the entire Northwood Business Park Development and demonstrating full satisfaction of mitigation requirements in accordance with the City's Tree Preservation ordinance. The Plan shall show graphically and in tabular form the i3q Planning Report -Northwood Business Park 3rd Addition January 29, 2002 Page 5 replacement plantings for Phases 1, 2, and 3 separately. The developer should note that tree mitigation is to be provided in addition to the landscape requirements. Parks and Recreation -Cash dedications for parks and trails were paid in 2000 on proposed Lot 2 at the time the building permit was issued for the Phase 2 building, which is located on proposed Lot 1. Site Plan -Based on the site plan that was submitted with this application, it appears that the Business Park zoning standard can be satisified. However, while a site plan is typically submitted with a preliminary subdivision application, compliance with zoning performance standards is reviewed at the time of application for building permit. For the applicant's benefit, the following are some of the zoning standards that will be reviewed with the building permit application: Setbacks -The Business Park zoning district requires a 50-foot building setback from Lexington Avenue, 40 feet from Northwood Circle, and 20 feet from side and rear lot lines. Parking and paved areas must be set back a minimum of 20 feet from public rights-of-~vay and five feet from side and rear lot lines. Building Coverage and Green Space -The Business Park zoning district imposes a maximum building coverage ratio of 40%. Also, since the initial subdivision for Iv'orthwood Business Park was reviewed in 1999, some new ordinances have gone into effect. One is the green space ordinance, which requires that at least 25% of the lot area be maintained as green space. Lot 1, which contains the existing building, satisfies both of these standards -with 28% green space and a building coverage ratio of 23%. Parking -The City Code requires parking to be provided at a rate of one stall for each 150 square feet of net leaseable area for office uses. Warehouse and storage uses require one stall for every 400 square feet of gross floor area up to 6,000 square feet. For such space over 6,000 square feet, a standard of 1 stall per 1,000 square feet of floor area is typically applied. •~ i Since the first two phases of this development were constructed, the City has adopted a minimum parking stall size of 10 feet wide by 19 feet deep. The applicant should ensure that the plans submitted for the Phase 3 building permit reflect stalls meeting this standard. _, Si a e - Signage should be in conformance with the City Sign Code. The applicant should note that in the Business Park zoning district, building facade signage is limited to 10 percent of the facade area and pylon signs are prohibited. Also, "in multi-lot developments, the design and placement of monument and directional signs shall be coordinated through an overall sign plan." The coordinated sign plan should be submitted with the application for a Sign Permit. /~{D Planning Report -Northwood Business Park 3rd Addition January 29, 2002 Page 6 SUI\1MARY/CONCLUSION Northwood Equity, LLC is requesting approval of a Preliminary Subdivision (Northwood Business Park 3rd Addition) of approximately 17.7 acres on property located north of Northwood Parkway and west of Lexington Avenue in the SE '/< of Section 10. The proposed subdivision is the third phase in the Northwood Business Park development. T~vo buildings have already been constructed, streets and utilities installed and the site has been graded. The Northwood Business Park development consists of about 24 acres. This proposed subdivision will split the 17-acre Phase 2 parcel into two lots for construction of a third building. With this subdivision it is appropriate to review the status of the entire development for compliance of the first and second phases with the overall plans submitted in 1999. Therefore, prior to final subdivision approval, updated plans for tree preservation and mitigation, landscaping and wetland and water quality impacts should be submitted for the entire development, including the Phase 3 construction. The site plan shows a fourth future phase on the southeast portion of proposed Lot 2, however, further subdivision would be needed in the future accommodate a fourth building in the . Northwood Business Park development. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision of approximately 17.7 acres to create two lots on property located north of Northwood Parkway and west of Lexington Avenue in the SE '/4 of Section 10. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B3, B4, C1, C2, Dl, and E1 ''2. The property shall be platted. 3. Right of access to along Lexington Avenue shall be dedicated to Dakota County on the Northwood Business Park 3rd Addition plat. 4. The developer should submit the required wetland mitigation monitoring reports for review and acceptance by City staff prior to final subdivision approval for Northwood Business Park 3rd Addition. 5. Prior to final subdivision approval, the applicant shall provide an updated Tree Inventory and Mitigation Plan identifying the replacement plantings for the entire Northwood Business Park Development and demonstrating full satisfaction of mitigation requirements in accordance with the City's Tree Preservation ordinance. The Plan shall show graphically and in tabular form the replacement plantings for Phases 1, 2, and 3 separately. /~F/ Planning Report -Northwood Business Park 3Td Addition January 29, 2002 Paae 7 6. A landscape plan for the Phase 3 building will be required with the application for building permit. /yz STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialOblipations This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /~3 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. ff any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS~S STANDARD.CON ~%`Y FINANCIAL OBLIGATION Northwood Business Park 3rd Preliminary Subdivision There are pay-off balances of special assessments totaling $284,429 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments that total $90,954 on the parcels proposed for subdivision. These pending assessments are related to Project 771, Lexington Avenue Upgrade. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE None RATE QUANTITY AMOUNT TOTAL $0 /y s Location Map Eagan boundary ~~ Street Centerline Parcel Area ~ building Footprint r / ~/ r i ... ~~ ~ / ~~ ~/ _ - ,. ~ .. . ; _ - f _ -- b ~. - __ . ,~, t .. _~., F ~, x - Sub'ect Site ~`.~ r.. ~~ -.. _. . ~ _. . _ wd _ _:. r A <~a / ~~ a t s t, ` 7. ~ ~ ~ r u.~ .. . ~ l _ ~' ~ ~z._ tM _ `> `'6 .. s'. r. N . .... S'x r] ._ <F e. c~ - ~` i 1 a W, r ......~ v ~~ M e ~ ~~ E . , ~ , r v y ~gq L... ~ t l i s t ~~ ~~~ t a i _ r +. -„ ~.- ~ _ ~ .L .y i+o ~~ - ~~ ~' ~ ~ ~ ~ ~ s * ~ ~'a ~s t ~ . + Ik i s D .i ~ ti a.'. _ j _ ' w 1000 0 7000 2000 Feet Development/Developer: Northwood Business Park 3rd Application: Northwood Equity Case No.: 10-PS-21-12-01 f / L it Of Ea a Map Prepared uainp ERSI NCVi.w 7.,. parc.I base map 0au provided by Dakota County Land Survey Department and is currant as of Oetobsr 2001. TNIS MAP IS INTENDED FOR REFERENCE USE ONLY h W E y g n ~.' ; ~~ h c S C T ;, Cemmunny Development Department ~ The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for ertors or omissions. S Current Zoning and Comprehensive Guide Plan Land Use Map Northwood Business Park 3rd Additon Case No. 10-PS-21-12-01 Zoning Map Current Zoning: BP Business Park roo o aoo taoo F«: •v I-1 1-, O PD BP BP A PD PD LB BP I Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area f00 0 000 t300 F..l BP IND IND • BP ~ SA SA SA BP SA N pareN snap Mannat vid.a.y Dakota taaMy Lewd fw.y D.part,na~t tldl01ro1. nlnf M6Finatbn nW~Ratnad uy Cky ital. City of Eagan W F Community Development Department ~• TNIS MAP IS INTENDED FOR REFERENCE USE ONLY 5 The City of Eagan and Dakota Cotilty do not guarantira tha aeclaaey of this Information. 3 s /a ~ ~ ~ ~ 4 gtg? I ~ ~ ~ ~ -' I ~ ., ~' i-.~ ___i ., , ._. ~ .rte:.. t~. ~ ,.~ ~ w i'-. Pi?uHENAGE r.VEHUE 1 " - , a~ /r/~~~ / ._ /•/•/ I ,, -, L:~ ~- ag ~ ~ I 'L• ~ ;: .~ ~, p .~: a I ~' l 1r- 2~4~, /~ a ~'0•' soair=~'- i ~ ~ s ~ ~ ~~ I ~i ~ 4. ~ ,` O y N ~ M - p ~ ~ • p- _-• ~ r _ .Lai. ~- I ~ /E. ,I I~ ~ % , w I ~~4 ~ ~~I- i%~~ ~ _ a I i•_._ NOOR3'sa'E 666.26 _ _ ~ _~__ _ _ _ ~ - 3 COUNT'i P.p.rv HO. L:? ILE:•:Il`fuT'Hyn:'ENUE; - - ~ m ~ ~~~~ I I ^ ~; d d ~ t ~.~ ~~ r_7 ~ n 4F¢ c ... a$3! ~ I ~ ~~ ~~~ a = M6RlM :; I I : 8 r• ..; ; R ~ ~~~~ ~~ ~~~ ~ ~ ~ PRELIM. PLAT ~ Yg~g ~ ~ ~ 5 ~ ~ z~e I O O v~ ~+ v, a O U u 0 Q W _> LLJ U W -,n, n -~.. ... 4.11 'Y R/O ~ awe • ~~ #~~i ~14 ~~ w~ r ~ Y~ ~ m Tm-W ®osc !~~ ~ IM W 110 ~ N ~ ~~I~IrI M~~f1 I / i /A X11 ~V ~Y W ~ W11® Mrh~ =`~ ~/~~~ ~~ LL~ ~ WI~Om L'0 1 C ~~ r/ M ~M ~Mr 4~1 I Nd~d ~11S ~~/ ~ ~ ~~ ~ ! -- - ~- - - - --- a i ~ _ _ _ _ ~ ~a ~ ~ w ~ s ~ o ~, \~ ~_r ~~ ~ o ~ I ~ ~ :. 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'. PROMENADE A~A~~UE ~ ` ~'' ~~. ~ ' ,~'/', N p ~~ '. I ' ~e ~o o ' !~ N M 0 ~ -~- -~ ~~ ~ ~ ~ ~. J P1 HIS / r ~' , ~~ , a ~/ . ~ / ~~ ~ ~~ .,. ~;,~~ 1~~ ~ ~ ~ i 1 ( ` ~ ~ '~ •' • '~ I ~ l j ~ ~ ;- ., - ~, r i / ~~ • •i ~ •. - -_ •. r... i i , \ • s I ~rti i ~ ~l A va ~ ~ ~ ~~ i e o ~., '..~• ,..• ,,.~ ,,i ~~ 1 ! 1 .~.~ _••~ ~I w~Ka~~wuasf 1 r w,r ~ dt -, , •1 ~• ^~ 0 ~ ~ - - _ --~ ~~ ~ .1 ' •' ` r~ r .. A ~ 0 ~3 XI GTON A1%~AU sri rrnirrwrrrrriLn ' ~ ~ ~v 9 r\ TREE INVENTOI~K- 11 AMC ~.°~G~.!'~.~1° ~ w ~~~ ~ ~ >R ~ rr c fr+r• w.a wr ar C D r c~ c.o Minnesota Department Of Public Safety .~A' ~~ ALCOHOL AND GAMBLING ENFORCEMENT yV 444 Cedar Street -Suite 133 •'" ~ ~ ' . St_ Paul, MN 55101-5133 ~ ' (612)296-6439 TDD (612)282-6555 APPLICATION FOR CONSUMPTION AND DISPLAY(Set Up) PERMIT . ~ PERNII'i' FE 0 (Permits expire March 31st of each year) SI5 E ..,.......~~ / , ! lh~s~i44a~~~ C y - wot~;ts coMP ~ / ~yiYd ~77u1~9L co INS ~1~~J'' . . . . , - POLICY NO. ~ ~~' --~ / DATES OF COVERAGE ~' ~~ -~. ' -~"~ • ^' ~ APPS Full Na~e {Stoma. Paxtaaship Cotpoaadoa) B ride Name oti U A Business Street A~idrexs ar Nam Conaty Bosiaess Ph4nc . city U Camel ~t~ ~ zip Code .5'~ /.~.3 PJ?ItMTX' T1~PE Type of~lBttsitt~s (Rrstatuaat, Daaoe Hall, etc.) . ' ^Ptivatc Clnb UPubitc Bnain~ (yOli/ COV~SL ' Fur! Name of Btuiaess or ~Iab Msttsger DO$ Address of Maasgg/. ~,~ J ~~~~ ~/~ ~y Name of Buiidiag O~vtter dr-ss of Ovrrtcx ~ , ~ 3/v CL~r /' /~~'r4'~ L1~ j l~/I~~J/.2~ ARL• THI; CLUB OR BUSINESS PREMISES SEPARATE F R OM IS TIRE A CURRENT' 3.2 6EER LICENSE TO THIS ,_ , ~ ANY 01'HER IUSINESS ESTABLIS>•~NT? U Yes id'lYo BUSINESS AT THIS LOCATION? ~ ~ No IS APPLICATION ' ' ff TRANSFER FORMlr1Z LICENSEE'S NAME AND BUSDdESS TRADE NAME CWORIGINAL (~ T RANSFER is a partnership, state the name and addt~as of each partner. 11 a Corporation, state the namt and addrrs9 of each otTicer. _ . _ rf a Club, streoe the nalmtc sad adds•ess of eacbt Ottfccr or Director. Pail Name DOB Addct:ss _ _ Full Naabe ~ DOB Address FuII Name DC?B Address FOR A PRIVATE CLDB 1 Date Clnb Organized Namber of Members Amowat of Dxs Maatbexship Rcgairrrtrarttts Length of Time Ctub At Present I;ocation Is Ciub BuiTdxog Owned or Rcated? Dvea Chtb Store Liquor Foe Members? ~ Yes ~ No tins aPP t; ~ P . +~Y Pte, ~pm'ati~, nay o toes or dtroctor, e a . auy c or . ever a a owse Hader rite l~taacaot: Ligooc Coatt+ol Ac! revoked or saspeoded or boon eo~icted fur nap v~a6oa ofStab Laws or local ordinances; if so, gn+e date and detaiis. N (7 --- ., i hcasby oern(y that the at~w~as ate true of m7 vwrs Imowivdgc and npderlisnd that the giving of false asfvrm.0oa a the fa~tue b give pertiarnt irdotmatioa c+nne sec 'on of ttsia TEUS PERbIIT DOt;S NOT ALLOW THS SALE OF 1MOJQGI'TQiG LIQUOR. Peirami'ttee S' ~'"'`~- Dabe - ~` ~p,7~ (Signature certifies alI shave informativa to be coc:ec~t sad permit hoc been apQevved Try city/oorpaty.} ' i~'~ ~ ~ ' ~L ~ ~'=~ Clerk/Coua Auditor S i c,U k~. ~ . (Siguatuzs certifies that a caasumptioa ~ dupklr permit boa been approved br me citylooaaty as atstod above.) PS9007 (98) l Minnocnt~ / ~~uf~~l l~~ml~linn /i 1,I4C ~;~~ ~~ i ~,~ ~~~~ ' ~,i ~j ~X ~22~ Page 1 of 2 3/01 ........_,,,..,. ~................,...,~ LG220 -Application for Exempt Permit Fee - $25 or oa se n Fee Paid Organization Information I Check No. i QQ~ Organzation name - Previous lawful gambling ex e mption number `` , ( ,' ~ l~ n \ r\~ J W~ I,'.J~~w,.~ ~C~.' t'v~.1 {'~.1 JJ~~',~ ~/`.~i \ G~l~i~'~\~ ~~~rv~ Street ~fiity State/Zip Code County { 3~~1~-1 1,~~C1S` ~4~`~ k ti ~ ~_ + 1~1 C;~ i~ L~~ !~C l ~ 1111: 5 I ,I ~ i1"Er~;~ ; ~,`~`' Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO \\ Name of treasurer Daytime phone number of First name Last name treasurer. t~ _ ~~ ~ ~ ir? -%, vL Type of onprofit Organization Check the box that best describes your organization: ~ ~ L ~~ 1 ~/ ^ Fraternal ^ Religious ^ Veteran Other nonprofd organization ' Check the box that indicates the type of proof your organ¢ation attached to this application: ^ IRS fetter indicating income tax exempt status ,~ ^ Certficate of Good Standing from the Minnesota Secretary of State's Office ~,~~ A charter showing you are an affiliate of a parent nonprofit organization •"~ • • , Proof previously submitted and on file with the Gambling Control Board • ;~ V ~ ~;, ,~; Gamblin Premises Information - y cw. NameQof premisestwhe(re g`amblin~ activity wiU be conducted (for raffles, list the site where the dra yviY ~a~ p)ace~ ~~ r\~ \ ~/1•. 1 Address (do not use PO box) City State2ip Code County .2 Z~ C <;1; - Leo ~> tJ l~ \ ~ r 51 '2 Z- d ~~= c ~ ~ Date(s) of activity (for raffles, indicate the date of the drawing) c: 3 1 Zc~ o ~-- Check the ox or boxes that indicate the type of gambling activity your organization wiU be conducting: ^ *Bingo ~ Raffles (cash prizes may not exceed $12,000) ^ *Paddlewheels ^ *Pull-Tabs [] *Tipboards *Equipment for these acthrities must be obtained from a Ncensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supplythe informaton requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. ff you suppy the information requested, the Board will be able to process your application. Your name and and your organization's name and address wfll be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of appying foryour permit will become public. ff the Board does not issue you a pemtit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to ~1`v -pJ ~ the folbwing: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and intematanal gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specificapy authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order author¢es a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 -Application for Exampt Permit Page 2 of 2 3/01 Organizatan Name Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. ^ The city approves the application with no waiting period. ^ The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. r Print name of city ~ G ~..~ ~~ 1-' ~ ~~ (Signature o(f c,'dy personnel receiving application) Tiue 1.~1 L ~ 1 Date ~ / `' / v If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, 1 acknowledge this application. Check the action that the county is taking on this application. The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and albws the Board to issue a permit after 30 days. The county denies the application. Print name of county (Sgnature of county personnel receiving apprication) Date / / TOWNSHIP: On behalf of the township, I acknowledge that the organ¢ation is applying for exempted gambling activity within the township imits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] ~~'"6 goo cY' ~c~~ ~Q Print name of township (Signature of township official acknowledging application) Title Date / / Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officers Name (please print) ~ y ~ ~ ~ tw ~ ~ ~C_~.~-~~ Date_~/ Z~ / Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 ff your application has not been acknowledged by the bcal unit of government or has been denied, do not send the application to the Gambling Control Board.