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03/29/2007 - City Council Finance Committee DRAFT?3/21/07 AGENDA FINANCE COMMITTEE MEETING THURSDAY MARCH 29, 2007 CONFERENCE ROOM 2A&B 7:30 A.M. I.AGENDA ADOPTION a.Review meeting notes from 3/08/07 meeting (Dianne) II.REVIEW TH149 BIDS AND BID ALTERNATE FOR FIBER CONDUIT (Gene/Tom C./TG) III.UPDATE ON NICOLS RIDGE CONCEPT REVISION PROPOSAL (Jon) IV.OTHER BUSINESS ? Update on Thomson Expansion Proposal (Jon) V.ADJOURNMENT AGENDA FINANCE COMMITTEE MEETING THURSDAY MARCH 29, 2007 7:30 A.M. CONFERENCE ROOMS 2A & 2B I. AGENDA ADOPTION a. Review meeting notes from 3/08/07 meeting II. REVIEW TH149 BIDS AND BID ALTERNATE FOR FIBER CONDUIT III. UPDATE ON NICOLS RIDGE CONCEPT REVISION PROPOSAL IV. OTHER BUSINESS V. ADJOURNMENT Agenda Information Memo March 29, 2007 Finance Committee Meeting I. AGENDA ADOPTION a. Review meeting notes from 3/08/07 Finance Committee meeting ACTION TO BE DISCUSSED: No action is needed. The enclosed meeting notes are for the review of the committee. FACTS: Per the request of the City Council, meetings notes are being taken at each City Council standing committee meeting in order that the City Council can review staff's understanding of the discussions and recommendations made at each of the committee meetings. The Committee meeting notes will be forwarded the City Council after the committee has had the chance to review the notes. ATTACHMENTS: • Enclosed on pages0~ through ~ are the meeting notes from the March 8, 2007 Finance Committee meeting. Meeting Notes Finance Committee Meeting March 8, 2007 Attendance: Mayor Maguire, Councilmember Carlson, City Administrator Hedges, Director of Public Works Colbert, City Engineer Matthys, Transportation Engineer Plath, Director of Parks and Recreation Seydell Johnson, Director of Community Development Hohenstein, and Director of Administrative Services VanOverbeke. Agenda/Meeting Notes City Administrator Hedges opened the meeting at 7:30 a.m. requesting feedback on the Finance Committee meeting notes for the February 20, 2007 meeting. Members responded that the notes were good and helpful and appropriate to forward to the full City Council. Administrator Hedges also outlined the need to keep the full Council informed of all of the actions resulting from the various committee meetings. He asked that presentation of the background material on the Thomson expansion proposal be added to the Committee agenda based on the City Council direction at the regular meeting on March 6. The agenda was revised to consider the Thomson item first. Other Business Thomson Expansion Proposal Director of Community Development Hohenstein provided background information on the meetings and discussions that have taken place since Thomson representatives first approached City staff in August of 2006. Director Hohenstein noted the challenge of respecting Thomson's request for confidentiality with the need to inform the City Council of the discussions, and to make sure all public policy determinations and formal agreements are discussed in a public forum. He also outlined the State Department of Economic Development's role as the first contact with the proposal and Thomson's desire to deal directly with the County and School District in regard to any approvals required from those entities. The Finance Committee directed staff to stay the present course with the City's primary role being to assist Thomson in their efforts at the State Capitol to achieve the necessary special legislation and then in the consideration of the creation of a TIF District at the appropriate time. The Committee noted a desire to fully understand the complete incentive package being requested by Thomson and observed the potential requirement for the same information at the State Legislature. Director Hohenstein also presented a memo presenting an overview of the process to date and outlining potential components of the assistance package as they are currently known to City staff. Update on Civic Arena Proposal City Administrator Hedges and Director of Parks and Recreation Seydell Johnson provided background on discussions with the representative of the Wild Hockey Team. These discussions have been on and off since the spring of 2006; however, there seems to be more interest from the Wild in moving the discussion to a definitive conclusion at this time. The Finance Committee reviewed the list of City interests contained in the packet memo and provided the following responses: • The financial interests are okay as presented. The City should not incur any additional bonding or operational costs as a result of any construction or use resulting from the potential partnership with the Wild. • It is difficult to balance the community benefits as envisioned by the Wild against potential displacement/interruption to current City programming. Certain potential challenges/conflicts e.g. relocation of dry floor activities, could be worked around especially with the inclusion of a studio rink in the overall project. However, last minute requests for ice time cannot be allowed to displace games and/or other previous commitments to other stakeholders or users such as the Eagan Hockey Association, the School District, and community open skate sessions. Last minute ice time requests for Saturdays and Sundays would be problematic and probably would not be entertained. The Finance Committee would like to see more information on typical schedule requests from the Wild, primarily those that might impact the City's scheduling of prime time ice at the facility. • The City needs more detailed information regarding the expectations of the Wild for both advertising and naming rights before City parameters can be developed. In general the Finance Committee is open to having the discussion, but is not committing to anything without more information. • The Finance Committee would like to participate in subsequent meetings with Wild officials at the decision making level to move the discussions to a conclusion. • It is important that the Eagan Hockey Association receives an answer to their interests regarding facility expansion and use. Major Street Infrastructure Funding Options Director of Public Works Colbert opened the discussion by reporting that as a result of the meetings that have been held, staff has concluded that the chance of getting any additional money from either the State or Federal government is nil, after the bid is awarded for the Highway 149 project. State elected officials and Minnesota Department of Transportation staff are sympathetic to the City's problem, but no additional dollars are likely to be secured, if the City is willing to proceed with the project at this time. One potential option is for the City to reject the bids on the project thereby sending the message that the City is not prepared to make an increased financial commitment to a State highway project. The result of rejecting the bids would likely be to delay the project for at least one year. A one year delay would likely cause an inflationary cost increase; however, that may be somewhat offset by better bids resulting from bidding in the fall rather than in the spring. It was noted that the State commitment to this project is held through September of 2010 and the Federal money is not available until October of 2007 so a delay would not immediately impact the availability of those dollars. City Engineer Matthys also noted that the temporary construction easements are in place for three years so a one year delay should not cause a problem with easements. In the event the project is delayed it will be important to have calls directed to State elected officials and MNDoT as the responsible governmental entities and that the media is properly informed of responsibility. A preliminary list of potential costs resulting from a delay include: efficiency of travel, safety, increased project costs, deteriorating road conditions, and impact on Thomson expansion. It was noted that continuing efforts need to be made to consolidate City efforts with those of Thomson in requesting funding assistance so we are not in competition with each other for the same potential dollars. Councilmember Carlson requested more detailed information listing which future State Highway projects are actually included in the 5-Year CIP. She also asked how we can develop a mechanism to determine the advisability of moving ahead or delaying other County and State projects that might place too great a financial burden on City resources thereby limiting the City's ability to take care of its own street obligations. Director of Administrative Services VanOverbeke responded that the response to this question is ultimately the CIP process itself; however, that review may require a longer time frame. City Engineer Matthys added that the TINA study is designed to help with the long-term obligations and should assist in addressing this question. Councilmember Carlson suggested that it might be appropriate for the City to set aside and dedicate some Major Street Fund reserves in another fund to be specifically set aside and ear marked for defined future projects e.g. bridges. The intent would be to more clearly match on-going revenue streams and reserves against both short-term and long-term project costs. A Finance Committee Meeting was scheduled for 7:30 a.m. on Thursday March 29 with the agenda to include at least the following: 1. Additional review of the financial commitment related to the Highway 149 project. The bids will be opened on March 22 and the City Council is scheduled to take action on the bid award at its meeting on April 5. 2. A response to the bid alternate for fiber conduit related to this same bid opening. v Agenda Information Memo March 29, 2007 Finance Committee Meeting II. REVIEW TH149 BIDS AND BID ALTERNATE FOR FIBER CONDUIT ACTION TO BE DISCUSSED: 1.) Review TH 149 bids and provide direction regarding financing options for TH 149 to the City Council as a whole. 2.) Review the bid alternate for the fiber conduit and recommend a financing mechanism for payment of the fiber conduit for consideration by the City Council as a whole. FACTS: • The Finance Committee was directed by the City Council to review bids for the proposed TH149 project including an alternate bid for fiber conduit; the Finance Committee met on March 8 and discussed both the major street infrastructure funding options and a specific breakdown on the proposed estimates for Highway 149 and, more specifically, the anticipated costs to the City of Eagan. • Bids were received on Thursday, March 22; a breakdown is enclosed as an attachment for Council review. • Director of Administrative Services VanOverbeke and Director of Communications Garrison have reviewed the fiber conduit financing and provided an update on the work of the Technology Task Force to-date and offer some background for public policy consideration relative to funding the Highway 149 conduit. This discussion is outlined in memos that are attached from Director of Administrative Services VanOverbeke and Director of Communications Garrison. ATTACHMENTS: • Enclosed on pages ~ through ~ is information pertaining to Trunk Highway 149 and alternate bid for conduit bi summary and further discussion on the State management of the project. • Enclosed on pages ~_ through ~ is another copy of the March 2, 2007 Major Street Infrastructure Funding Options prepared by Director of Administrative Services VanOverbeke. • Enclosed on pages ~' 3 through ~ is a copy of a memo explaining the work of the Technology Task Force prepared by Director of Communications Garrison. • Enclosed on pages ~~ through ~( is a copy of a memo from Director of Administrative Services VanOverbeke relating to fiber conduit financing. Ciiy of Ea~au Me~o To: THOMAS L HEDGES, CITY ADMINISTRATOR From: THOMAS A COLBERT, PUBLIC WORKS DIRECTOR Date: MARCH 23, 2007 Subject: FINANCE COMMITTEE MEETING -MARCH 27, 2007 On February 20, 2007, at the direction of the City Council, the Finance Committee discussed the local financing obligations of City Project 778 (TH 149 upgrade). The discussion focused on the anticipated significant escalation in local cost participation due to state and federal contribution caps and the related impact on the City's Major Street Fund (MSF). The total local obligation of $16.6 million was based upon apre-bid construction cost estimate of $11.2 million (base bid). The TH 149 cost estimates presented to the committee on February 20 indicated a resulting MSF deficit of about $2.5 million at the end of the currently approved 5-year CIP (2011). The Finance Committee discussed avoiding such a deficit by the reduction/elimination of projects in the current CIP's remaining four years ('08-'11) or by finding additional funding for the MSF. The significance of the potential impacts to the currently approved 5-year CIP (as well as other major pending financial obligations) and the challenges of alternative funding options required further analysis based on firm bids for the Committee's consideration of any final recommendations to the City Council. TH 149 BIDS On March 22, the bids for Project 778 were opened. 16 bids were received from a variety of heavy construction contractors. All but one of the bids were well below the Engineer's Estimate ($11.2M). Both the number of bidders and the competitive bids submitted indicate a very strong interest in securing this contract early in this construction season, possibly due to limited availability of heavy construction work. The current competitive bidding climate likely offset the effects of the recent industry cost escalations. The apparent low bid is $9,474,728.98. This bid is $1.73 million below the Engineer's Estimate used in previous financial analyses. The following reflects a revised cost participation summary based on bids received. Finance Committee Memo February 15, 2007 Page 2 Source Federal Funds MnDOT Funds Inver Grove Hts Eagan or ? TOTAL Feas. Rpt Est. CIP Budget $5,500,000 $2,140,000 $ 220,500 3 310 860 $5,230,000 $11,171,360 Final Design Est• $6,094,000 +11% $2,256,000 + 5% $ 803,197 +264% $7,411,168 +124% $16,564,365 + 48% Bid $ 6,094,000 $ 2,256,000 $ 729,095 (+/-) $ 5,760,000 (+74%) $14,839,095(+33%) IMPACT ON MSF BALANCE While the previously discussed pre-bid estimate was projected to increase the MSF deficit to about $2,500,000 by 2012, the actual bid would reduce that deficit to about $750,000. As previously noted, this projected deficit may substantially increase further as other future programmed projects are re-estimated with the next CIP update due to continued industry cost escalations. Public Works staff is currently working on the 2008-2012 CIP and will have a variety of project reductions and alternative funding options, and their related implications, for the Council's consideration at a May workshop. Unfortunately, this information will not be available prior to the Apri15 TH 149 bid award consideration. FIBER OPTIC CONDUIT ALTERNATE BID In response to the Council's stated goals, the placement of six conduits for future fiber optics installation was included as an alternate bid as part of the TH 149 bid package. The apparent successful low bidder had a bid of $151,023 for the installation of these conduits along TH 149 from TH 55 to Wescott Road, including the crossing of the CP Rail railroad tracks at Yankee Doodle Road and Wescott Road. The source of funding for the placement of these conduits is unknown to date. The Council's consideration of contract award for the TH 149 upgrade will also need to consider this alternate bid and the funding source for the conduit placement. While the results of the TH 149 bid opening were positive, the remaining financial burden for the City of Eagan is still overwhelming in relation to our long term local transportation needs. I am always available to help identify feasible options and/or modifications to our future construction program or alternative funding scenarios to provide a balanced and deliverable transportation infrastructure for our community and intend to present such information at the May workshop. c: Gene VanOverbeke, Director of Administrative Services Russ Matthys, City Engineer Tom Pepper, Chief Financial Officer City of Ea~a~ bemo To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: March 2, 2007 Subject: Major Street Infrastructure Funding Options It is my understanding that staff was directed to undertake two activities resulting from the Finance Committee meeting of February 20, 2007. First, a menu of options is to be presented to pay for the significant cost increase ($2.5 more than budgeted in the 2007 CIP) to the City's obligation for Highway 149. I believe we might have created the misunderstanding that dollars are not available in the Major Street Fund to actually make the payment. The dollars are available and can be used for this obligation. The deficit that is created is in the 5-year CIP currently programmed through 2011. For all practical purposes there is no short-term problem in proceeding with the project and in making the payment from the Major Street Fund. The problem is long-term in getting projected revenues and expenditures into balance within future CIP's. That will probably require a combination of new revenues and reduced expenditures. The following table illustrates the five year CIP including the additional $2.5 million in Highway 149 costs added in 2007. Major Street Fund 2007 -- 2011 CIP Presentation 2007 2008 2009 2010 2011 Totals Beginning Cash Balance $11,461 $ 1,921 $(1,677) $(2,670) $(2,846) $11,461 Additons: Property Taxes 1,188 1,188 1,188 1,188 1,188 5,940 Municipal State Aid 755 755 755 1,555 1,555 5,375 Total Receipts 1,943 1,943 1,943 ~ 2,743 2,743 11,315. Subtractions: Financing Obligations 11,483 5,541 2,936 2,919 2,736 25,615 Total Expenditures 11,483 5,541 2,936 2,919 2,736 25,615 Ending Cash Balance $ 1,921 $(1,677) $(2,670) $(2 $(2 $ (2,839) Using the increased 2007 costs, adjusting the 2007 tax levy to the actual amount, and including a 5% increase in the tax levy for the years 2008 through 2011 results in the following CIP Presentation: ';2007 - 2011 CIP With 5%Tax Increase and $2.5 Million Additional 2007 Costs 2007 2008 2009 ~ 2010 ! 2011 Totals ~~ ^--~ ~* r ~~ Beginning Cash Balance..: $11,461 $ 1,981 ;$(1,457) $(2,262) '$(2,181) $11,461 Additons: , Property Taxes 1,248 1,310 1,376 ' 1,445 1,517 ~ : 6,896 ': Municipal State Aid 755 793 755 1,555 1,555 5,413 Total Receipts 2,003 2,103 2,131 3,000 ' 3' ,072 12,309 ' Subtractions: ' Financing Obligations 11,483 5,541 2,936 2,919 2,736 ~ 25,615 Total Expenditures 11,483 5,541 2r ,936 , 2,919 2,736 25,615 Ending Cash Balance $ 1,981 $ 1,457 $ 2,262 $ 2,181 ' $ 1,845) $ (1,845)' Along-term increase in the ad valorem tax levy beginning in payable 2008 of $1.0 million (also increased 5% per year) with no other changes in the projected expenditures (except the additional $2.5 million in 2007) results in the following 5-year CIP projection. :2007 - 2011 CIP With 5%Tax Increase and $2.5 Million Additional 2007 Costs With Tax Increase Beginning in Payable 2008 2007 ' 2008 2009 2010 2011 Totals !Beginning Cash Balance $11,461 $1,981. $(457) $(212)' ' $ 971 $11,461 Additons: Property Taxes 1,248 ', 1,310 1,376 1,445 ; 1,517 6,896 T.~~ Inc~re~sa~' 1,QO~Q 1,p5Q 1,1Q~ 1,18 4,31,U , Municipal State Aid 755 793 '! 755 1,555 1,555 5,413 Total Receipts 2,003 3,103 3,181 ' 4,102 ! 4,230 16,619 Subtractions: Financing Obligations 11,483 5,541 2,936: 2,919 2,736 25,615 Total Expenditures ; 1 41 83 5,541 2,936 2,919 ! 2 37 6 25,615 Ending Cash Balance $ 1,981 .~ $ (457 $(212 ; $ 971 ~. $2,465 ' .~ $ 2,465 5 The following table which is a summary of the currently approved 5-year CIP illustrates the impact of State and County projects on City resources. See particularly the "Summary by Primary Jurisdiction" section of the table. 2007 -- 2011 CIP By Street Type Total Project Costs 2007 2008 2009 2010 2011 ~~ ~~ ~~ Arterial 8 Collector ..State __ '' 4,928,400 1,450,500 _ ? County 470,000 1,900,000 1,200,000 City _ 750,000 805,000 ;. ', Total 5,398,400 3,350,500 750, 0 805,000 ' 1,2 Local Streets City 1,505,500 2,636,700 2,691,000 2,321,000 Trails 'City 331,155 156,870 138,500 41,500 Sealcoating City 366,589 ' 314,808 203,873 174,736 Intersection Improvements __ _ _ 'State 150,000 ' ' 650,000 f County 1,125,000 125,000 500,000 city_ _ soo,ooo Total 1,925,000 :' 275,000 650,000 500,000 Summary By Primary Jurisdiction State 4,928,400 1,600,500 650,000 - County 1,595,000 2,025,000 - 500,000 City 3,003,244 3,108,378 3,783,373 3,342,236 Total 9,526,644 6,733,878 4,433,373 ' 3,842,236 Tota Is 6,378,900 -- 3,570,000 1,555,000 11,503,900 1,945,000 { 11,099,200 234,000 ; 902,025 180,632 ' 1,240,638 800,000 1,750,000 800,000 3,350,000 - 7,178,900 1,200,000 '!; 5,320,000 2,359,632 15,596,863 3,559,632 28~ 095 763 Major Street Fund Share Arterial & Collector 5,363,400 3,098,500 490,000 ~ 665,000 1,000,000 ! 10,616,900 Local Streets 1,007,000 1,695,460 1,454,000 1,538,000 1,321,000 ' _. 7,015,460 Trails 321,155 ', 156,870 138,500 , _ 41,500 234,000 892,025 __ Sealcoating 366,589 314,808 _ 203,873 _ 174,736 _ 180,632 ': ._ 1,240,638 Intersection Improvements' 1,925,000 275,000 650,000 500,000 - 3,350,000 Total Major Street Fund 8,983,144 : 5,540,638 2,936,373 2,919,236 2,735,632 ?' 23,115,023 The table demonstrates $7,178,900 of City Cost related to State Highways before the additional $2,500,000 is included bringing the new total to $9,678,900. Any long-term solution will probably require a review of the City's commitment to cost sharing on State and/or County projects; with review of the impact related to timing at a minimum. If delaying and/or reducing City obligations to State and/or County projects are options, the tax increase programmed above is probably the only required City action at this time. In the event the City desires to proceed with State and/or County projects on the schedule of the existing CIP and TINA study other revenue sources will be required. The twenty year shortfall noted in the TINA report is $35 to $50 million or $1.75 to $2.5 million per year. After the $1 million increase noted above the shortfall remains at $.75 to $1.5 million per year in that ~n time frame. Doubling the tax increase to $2 million per year would for all practical purposes eliminate the projected deficits. However, additional cost increases to projects included in this and future CIP's would also increase the problem of balancing the CIP's on an on-going basis. The following chart demonstrates the impact of adding a $1 million additional levy to property taxes on the 2007 payable average market value house in Eagan. Tax Impact Per $1,000,000 Levy Increase MSFund MSFund Tax Payable . Capacity, , Levy Rate ;2007 Actual ~ 1,247,812 ~ 0.01533 ',$1,000,000 Increase 1,000,000 0.01229 Total 2, 247,812. 0.02762 Total City Tax Estimated Taxes Capacity ';$278,021 House Value ' Rate ` Increase Amount 0~ 25239 ~ 42 2 0.26468 34.17 76.79 34.17' Attached to this memo is a matrix outlining potential methods of increasing revenues for the Major Street Fund including both short-term cash infusions and long-term changes in the revenue stream. The matrix is broken down to differentiate between potential revenues that are primarily controlled by the City and those that would require or result from some State action. The estimated fund balances noted on the matrix are very preliminary and additional work is necessary to both confirm the dollar amounts and to review other commitments already in place or contemplated in the future. For example, some of the General Fund balance is in place for working capital, but not officially designated as such within the statements. Payment for the newly approved replacement ladder apparatus for the Fire Department will also require dollars from one or more of these sources. The matrix does not include bonding options or any other methods to advance funding, since they only change the timing and there is no increase in overall resources available in total. Further, the matrix does not account for other potential City projects/initiatives noted in the recently approved City goals that may compete for funding from the same revenue sources, both long-term and short-term. Since little definitive work has been completed on these potential projects/initiatives, I am not including any estimated cost numbers. The preliminary list is as follows: 1. Open space acquisition 2. Fire stations 3. Fiber project 4. Cedar Grove Redevelopment 5. Retiree health insurance 6. Other public utilities infrastructure The second activity regarding the development of a policy that addresses long- term needs and provides the same long-term financial stability that the City has experienced historically will continue and become formalized upon direction resulting from this meeting. Please let me know, if you would like any additional information or if you would like to discuss any of this material. Director dministrative Services VanOverbeke cc: Director of Public Works Colbert Chief Financial Officer Pepper City Engineer Matthys Transportation Engineer Plath ~a City of Ea~a~ Mcmo To: CITY ADMINISTRATOR HEDGES From: COMMUNICATIONS DIRECTOR GARRISON Date: March 23, 2005 Subject: UPDATE ON PROGRESS OF TECH WORKING GROUP & PERSPECTIVES REGARDING NECESSITY OF 149 CONDUIT You asked that I provide a brief update of the preliminary findings of the Tech Working Group with respect to priority areas for extending conduit, a fiber master plan, and specifically the importance of the bid alternate for conduit along the Highway 149 construction route. Progress To Date • The Tech Working Group has learned from electrical engineering experts that to build a successful fiber ring from which to deploy services, it is NOT necessary to go down every street or to take advantage of every open trench possibility. • Rather, it is important to identify and have a strategy for taking advantage of certain key routes and zones that might now or in the future be interconnected. • Based on expert testimony, it is the belief of the Tech Working Group that Highway 149 is a key route representing the major line along the eastern edge of Eagan and the only time this area is likely to be open trench in the next 40-50 years. For that reason conduit should be installed there with an eye to the future. • The good news is, there appears to be no more immediate high profile or high priority location construction projects in at least the next year that would represent a missed opportunity if not pursued. As stated later in this memo, that will allow the City Council, advised by staff and the Working Group, time to make a better decision on its preferred options. • Those options will arise as full results are known from industry discussions that were also directed by the Communications Committee. Per direction, we have been contacting and meeting with current and potential providers to see what they might be able to do in concert with the City to achieve our broadband goals. • To date, high level discussions have been held with Qwest and Comcast officials and we are awaiting answers from both about their willingness to extend fiber to homes and businesses, and whether or not City participation might help extend fiber the last distance necessary to hook-up a home or business off of the main line. A similar meeting will be scheduled with Frontier Communications because it already has a great deal of fiber running through Eagan. An earlier intended meeting with them had to be rescheduled past March because of schedules l3 requiring key Frontier personnel to be out of state. We have also re-contacted Dakota Electric to gauge their willingness to partner • Additionally the Working Group is investigating a European technology to use sewers as a cheaper way to deploy fiber, and so-called "dark fiber" possibilities available in Eagan. Dark fiber is installed fiber that has never been lit up, but is available for lease. It is possible, with long-term leases, that this option maybe a cheaper alternative than installing fiber in certain locations. Costs in these areas, until one is willing to do a deal, are closely guarded. Even local IT experts calling for us have not been able to secure the information. • Because of the city and the Tech Working Group's interest in making sure its major greenfield-like opportunity in the Cedar Grove Redevelopment District has the capability for high speed fiber, the RFP for Cedar Grove was modeled on the specification for conduit along Highway 149. Submitters can choose to only install conduit or work directly with a provider for fiber optic service. Initial responses are due back April 30. • Lastly, we have updated the original fiber estimates from Dynamic City fora city- wide build and a "Plan B" alternative. Next Steps I think you can see that while several discussions and requests for information are in progress, we await the final answers that will allow the Tech Working Group to come back to City Council and say, "Here are the various options, the expected price tags, and the pros and cons." The Council will then be in a position to opt for a desired alternative, that can be fully engineered and priced as part of a master plan. Until we know who is a willing potential partner, what they might be willing to do for us and with us, and what they would expect us to pay for, the Council is not yet in a position to choose from those alternatives. We would expect to have those initial "back of the envelope" answers and prices no later than mid-June, and sooner if possible. We have found that getting answers, particularly from the incumbent providers during the current legislative session which is expected to last through May, has been difficult at best. When we do get those answers, I'm confident that we can proceed quite quickly for Council feedback and questions, and settle on a preferred alternative to fully master plan. It should be noted than it maybe necessary to secure an outside firm with the proper electrical engineering expertise to produce the master plan called for by the Council when it adopted its 2007-08 goals in February regarding the installation of high speed fiber optic broadband. Please let me know if you or the Committee would like any further information. /~}- City of Ea~au Mcao To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: March 23, 2007 Subject: Fiber Conduit Financing You asked that I provide this memo outlining the background on previous City fiber related construction in Eagan and possible funding alternatives, if the fiber conduit alternative is approved with the Highway 149 project bid award. Background City Use In cooperation with ISD 196, a number of other cities, Dakota County, and the State, Eagan participated in the construction costs related to the ISD 196 fiber upgrade project. This project included fiber installation to Fire Stations 3 and 4, City Hall, and will provide for the City's primary connection to the State through the Western Service Center in Apple Valley. In the primary loop the City uses fiber strands within the ISD 196 conduit. The City has sole ownership of the conduit and fiber specific to its own facilities. The City has paid $169,062.90 from its Cable TV Retained Franchise Fees Fund for this installation. Entrepreneurial In addition, to take advantage of lower construction costs the City Council chose to have empty conduit installed through the same 11.5 mile loop during the same construction activity. That conduit is under the sole ownership of the City and was installed at a City cost of $242,227. Construction costs were paid through a non capitalized enterprise fund which has a 12-31-06 cash deficit of $248,187. The dollars have been borrowed internally and are expected to be recovered in the future through the use/sale/lease of the conduit which at this time remains undefined pending additional study. This study continues as part of the City Council 2007-2008 goal of "Pursuing world class Internet speeds, connectivity, and access to all Eagan residents and businesses by developing a master plan, including finance options and policies, for the installation of high speed fiber optic broadband." Funding Alternatives-Highway 149 Conduit The installation and funding issues related to this Highway 149 conduit option are consistent with the earlier dilemma faced by the City at the time of the ISD 196 project. The first question being whether or not the risk related to a City investment of $151,000 to maintain future conduit use options in the Highway 149 corridor is reasonable. 1S In general, the City is trying to balance a fixed cost today against an uncertain future benefit. Installing the conduit at this time effectively starts the risk clock today. The pro to that choice is a lower cost while the con is a sunk cost that generates an asset with a wide range of potential future value ranging from enormous to little or at the extreme none. Not installing the conduit at this time effectively delays the risk until a future time. The pro to that approach is today's cost avoidance and a more precisely defined need/project at some future time. There is also the possibility that the future could potentially show no need at all, thereby avoiding all of the construction costs. The con is the potentially much higher construction cost in the future, although higher costs could potentially be more than off-set by reductions with a more defined project. Unfortunately, I am not aware of a straight forward method to quantify the risk/reward of the choices that would assist in determining the best course of action. The goal related to internet access, speed, etc. results in the City moving into uncharted territory. The Technology Working Group is continuing to help define the options for the course and as their work continues an overall financing plan can be incorporated. Staff is not aware of any other pending City construction projects where this same install conduit /don't install conduit question will be raised before the more comprehensive policy matters can be decided. If the City Council answers this first question in the affirmative and chooses to proceed with construction at this time, the payment should probably be handled in the same manner as the 11.5 mile City owned (entrepreneurial) conduit in the ISD 196 loop. The payment would be made from the enterprise fund with dollars advanced from the City's investment pool and interest charged. The challenge with this approach is that obviously the enterprise fund will incur carrying costs and will eventually need to be capitalized. If the enterprise fund does not become self sustaining, a backup plan of charging the Cable TV Franchise Fees Fund could cause a significant drain on its resources and any tax supported capitalization may not look attractive. Please let me know, if you would like to discuss this information or if you would like any additional information. Direct f Administrative Services cc: Director of Communications Garrison Chief Financial Officer Pepper ~~ Agenda Information Memo March 29, 2007 Finance Committee Meeting III. UPDATE ON NICOLS RIDGE CONCEPT REVISION PROPOSAL ACTION TO BE DISCUSSED: l.) Provide preliminary direction relative to negotiations with Lennar regarding the Nicols Ridge TIF development agreement for presentation to the City Council as a whole. FACTS: • Lennar approached the City in late 2006 requesting a concept review for a modified redevelopment scenario for the Nicols Ridge that would replace the remaining condominiums with additional townhouses, resulting in a net decrease in total units from 230 to 175. • The developer is requesting that the City consider waiving TIF liquidated damages in the development agreement for the default circumstance and consider selling the City acquired properties to the developer at a reduced price to permit them to cover costs and achieve a return. • This request was heard by the Council at its February Work Shop and the matter was referred to the Finance Committee. ATTACHMENTS: Enclosed on pages ~~ through is a copy of a memo that provides background information on the proposed concept revision along with copies of the actual layout revisions. i~ FINANCE COMMITTEE March 29, 2007 III. NICOLS RIDGE CONCEPT REVISION ISSUE: Lennar Corporation, the developer of the Nicols Ridge project in the Cedar Grove Redevelopment District, has completed the townhouse units anticipated in Phase I of the three phase project and has constructed the first sixteen of the townhomes in Phase II. However, in response to the downturn in the condominium market, the developer chose not to continue with its condo product after the first of four buildings was completed in Phase I. The completion date for Phase I passed at the end of 2006 and the developer is technically in default at this time. Lennar approached the City in late 2006 requesting a concept review for a modified redevelopment scenario for the Nicols Ridge that would replace the remaining condominiums with additional townhouses, resulting in a net decrease in total units from 230 to I75. In addition, the developer is requesting that the City consider waiving TIF liquidated damages in the development agreement for the default circumstance and consider selling the City acquired properties to the developer at a reduced price to permit them to cover costs and achieve a return. Due to competing agenda items and the holidays, the request was heard by the Council at its February workshop and the matter was referred to the Finance Committee. Within the past week, Lennar has contacted staff proposing to discuss an alternative that would introduce a development partner that may take over some portion of the condominium obligations for the project. Nonetheless, the project is technically in default at this time and the developer indicates that it will still be proposing a reduced number of condominiums for the project, so staff will want to provide an overview of the situation to the Finance Committee and receive direction with respect to the next steps to be taken with the developer. BACKGROUND: The TIF development agreement with Lennar called for the company to construct the 230 housing units in three phases over a specified period, in exchange for the City to use TIF proceeds to pay for the special assessments for the public improvements serving the site and to pay for the cash parks and trails dedication for the units. Failure by the company to meet the unit counts by the phase completion dates results in financial liquidated damages on a per unit basis. The Council response to the presentation of the Lennar request was that the alternative townhouse product the company proposes for the remainder of the project appears consistent with the product that has been constructed to date and would be a reasonable alternative to the previously proposed townhome units, provided they continue to meet the finish material standards set for the redevelopment area and the project. Councilmembers indicated, however, that the City is not obligated to insure a profit for a developer and that financial considerations would need to be reviewed in more detail to determine whether to require performance under the development agreement, negotiate a revised agreement, declare the project in default or take other action relative to the project. ~a To date, Lennar has constructed 62 units, including 46 of the 88 units called for in Phase I and 16 of the 66 units called for in Phase II. The company has presented two base scenarios. In the first, they would propose to eliminate the remaining condo buildings and replace them with an additional 57 townhome units to be constructed. on property the company owns, which represents the remainder of the Phase I property and the Phase II property. This would result in a total of 119 Lennar units in roughly the area that had been planned for 154 units. Under this scenario, Lennar would dispose of the one property on the western portion of the site that it currently owns (former Gonyea parcel), presumably by sale. Because of that property's shape, it can only be developed effectively in combination with the four City owned parcels on that end of the project area. The company analysis indicates that none of these scenarios generates a profit, even if the full price of the price of the Gonyea parcel ($563,000) is recovered. Under the second scenario, Lennar would prose to complete development of the site through the construction of 113 additional townhomes for the reduced total or 175 housing units instead of 230. The company represents that it only sees scenario #9, in which it would achieve a 4% return, as financially viable, which assumes that the City would sell its parcels to the company at 20% of the price agreed upon in the development agreement and waive the TIF liquidated damages in the agreement for failure to construct the total number of units required and failing to construct a requisite number of units by the phase deadlines. The Lennar profit of $1 million would depend on the City donating an additional $1.14 million in land value to the project and provide the TIF benefits as if all 230 units were built in the timeframe originally agreed to. In either the 57 unit or 113 unit scenario, the reduction of the number of units and the delay in their construction will result in reduced TIF proceeds available to support the TIF assistance to the project and the additional proceeds that were expected to support activities in the Core Area of the redevelopment. Staff and the City consultants have reviewed the financial information presented to date, starting instead with the scenarios under which the company would be obligated to pay the liquidated damages in the agreement and/or truncate its development by transferring the Gonyea parcel to the City in consideration for a renegotiation of the development agreement. While the financial impacts of the alternatives will shift under the revised proposal the developer is expected to present with the new condominium partner, the current analysis suggests the following: • The shortfall of 42 condominium units at the end of Phase I translates to a TIF penalty of $290,915 today. Depending upon the terms of a renegotiated development agreement, it is likely that the developer would not complete enough units by the end of 2007 to meet the Phase II unit count and ultimately they would not meet the overall unit count. Therefore, in any alternative scenario, the issue of additional liquidated damages or reduced City assistance would need to be defined. • The developer is postponing the completion of each of the phases by one year, which would result in TIF liquidated damages for all phases unless the agreement is renegotiated. • The valuation assumptions in the developer's scenario comparison appear very low. Most significantly, the analysis is based on am average home price of $220,000, when the townhome units constructed to date have averaged between $280,000 and $290,000. To the extent that the proposed alternative townhome product is intended to address marketing challenges associated with the original product (living space on entry level rather than split entry), it is unlikely that it would sell at a 25% discount compared to the original units. Even 1~ if the units were to sell for that amount, the $17,600/unit pretax income appears to be low for a production builder. Staff has asked for a clarification of the difference. The use of pretax comparisons does not provide a clear picture of the developer's financial position. The Council has appropriately indicated that the City is not to be expected to cover developer risk. To the extent that the developer is making representations regarding perceived returns as part of its decision making process, staff has also asked that the pretax analysis be supplemented with an after tax comparison of the scenarios, since tax benefits are one of the considerations in property development. Between the presentation of only pretax calculations, the low comparative selling price of the units and the apparent pretax return per unit used in the calculations, the gain/loss calculations cannot be confirmed. Staff has asked for after tax comparisons of the scenarios. Pending the presentation of the alternative proposal with the condominium partner, staff has identified the following alternative directions: • Negotiate the completion of the site on the basis of the original unit types and counts with Lennar and its condominium partner. • Negotiate the completion of the development of the eastern portion of the site with Lennar under terms favorable to the City, including the transfer of the Gonyea parcel to the City for completion by an alternative development partner. • Negotiate the completion of the entire site development with Lennar for the reduced unit count under terms favorable to the City. • Declare the developer in default and negotiate the transfer of all remaining undeveloped property to the City for development by an alternative development partner. • Other alternatives to be identified through the discussion. ATTACHMENTS: • Original project site plan. • Lennar request for revised concept plan. • Proposed project site plan. • Property ownership map. • Table illustrating current unit count and TIF liquidated damages. • Lennar comparison of project scenario. COMMITTEE RECOMMENDATION OPTIONS: Provide preliminary direction relative to negotiations with Lennar regarding the Nicols Ridge TIF Development Agreement. Other: ~~ ~ o .w y v V C y y - ., ~ ~~~ F- z Q ~~ Q ~ ~ C ~ x ~ ~ ~ ;. i~ ~ Z~~ ~. 4 r Z~ w /_ W 4 4 y __ _ Q. aO ZN z F _+ Ql \ ~ F ~ K C a ~ - ~ °~ ^ 'WSJ A ~ .1 U, $$$ ~. V [. h F 1 N €^i U OW Q ~ZC y 4C qtt ~ ~ 1 f O ao a.g ; Y ZW $;~ a,,` O~ 0~ ~ CC q e R ~1 U U ~ r~ \,y 4 //~ ~^ OnF o G ~9$ n ~~' 9 O r/ tl ,~ ~ ~' i~°' o ~,~ o o ~ _ 1 ~-~ o sr wwzf~ ~°wz ~~4 °~5 o F~ «~ ~ K a F ~ o~ a` O R9. a Sw S v 0~ ~nR` h c\4, tq ul y N (0 q o 0 0 0 0 I w o ~ N >i < vj vi b \\ Q ~ V V V V V 4 V V •y'` ^' S F o u S ••11 ~ >, '; . Esc, ~~ i - r F-, '. ~ \~:; /i \- `ir •\ ~~ ~ ~ rat„r t ~ - ,~ Swag ~ •Y .` ~~' •' l; F -i~~ `>~ ~c, \ i, ,Y',F ~ '-~i ,'''fie ) \ •'•< ^ _ •~,.P,`. '~ ___~; ,; •Y! 111 ."'N~ 1` 1 i .: ~;~ :111 I1%~ ~~~ .• ,••~\ -_ _M1 _~__ ___ ~' I ~_n_____~ 1 • :•i • .• ~ ': • ; i ~ t. ~ .• ..\ \• 1 I ~ ~ i i 1 - ---- r--~---~----- \~ _~; ----------- -~ ••~i._ d c c c~ ~.:.. C FF 4.:~ ~;~ {{V':a7 Ksi ~-~ f~/+~~~ i:~a ~1 Jon Hohenstein January 23, 2007 Director of Community Development City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Nicols Ridge Jon, Thank you for meeting with Marc Anderson and myself last month. I realize that the time period just before the holidays was a busy one and we appreciate your finding time in your schedule for us. As we discussed at the meeting, we would like the City to undertake a Concept Plan Review fora re- cast ofthe remaining Nicols Ridge property. We no longer offer a condo product and would be building out the N icols Ridge development using our `Colonial Manor'(back-to-back townhomes) and `Colonial Manor Split'(rowhome) products. The site plan for the re-cast is enclosed along with elevations of the product. I have supplied you with the addresses of several locations in the area where the Colonial Manor buildings are located so that you and /or the staff (EDA or Council) can view the finished product. The result of this product change is that we would be unable to meet the total density numbers which were used in the TIF and Development agreements currently in place. The original number was to be 230 units, whereas our revised plan calls for a total of 175 units. We have updated the chart that we shared with you at our meeting, copy attached. The homesite count was adjusted up by one to reflect the site plan. We would ask that no penalties be imposed due to the decrease in density. In addition, we would ask that the sale price of the four remaining parcels which we would need to acquire from the City for completion of the project be reduced to an amount which would allow for the project to be financially feasible, that amount being 21.6% of our current option price. Our attached chart includes thirteen iterations. Per your request we've provided detail on two versions (Versions 3 & 9), attached. Please understand the attached pages contain proprietary and extremely confidential land modeling data which must NOT be considered public information and should be distributed on a `need to know' and `eyes only' basis. If this is not possible, please return all copies. Of the thirteen iterations only Version 9 works for Lennar to make the project financially feasible. This takes our usual 8% NPI floor down to 4.04%. Since we already own some of the land, it gives us a good case with Corporate to obtain their blessing. Because time is of the essence, we would request that the City EDA discuss this matter at their February meeting. We would appreciate a `first blush' response south=we can continue (or not) our planning process. If our proposal is acceptable, we would like to be able to begin construction on the first Colonial Manor building this spring/early summer. The build out of the remaining Nicols Ridge area would likely be done in three phases. Phase One this year. Phase Two in 2008. The final Phase in 2009. In addition, we'd like to thank you for forwarding the information on the overall Re-development District. As indicated in the meeting, we may have an interest in participating in the Master Development, at least as far as any residential component is concerned. ~~ 935 East Wayzata Boulevard, Wayzata, MN 55391 • Phone 952.473.1231 • Fax 952.473.7401 • www.lennar.com ,.,,-,~w„ i ~~ t ' ~ ~ j: r y ! 7 ~. 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Constructed by USHomes: Phase I Phase II Phase III Total Townhomes 32 16 0 48 Condominiums 14 0 0 14 Additional Proposed 42 t5 d 57 Total 88 31 0 119 Shortfall in Total: 0 35 76 111 Liquidated Damages 6,926 5,758 6,675 per Unit by Phase: Dollar Penal 23 201,517 507,286 708,826 `Q Constructed by USHomes (57 units and no Phase III): Phase I Phase II Phase III Total Townhomes 32 16 . 0 32 Condominiums 14 0 0 14 Additional Proposed 0 29 t) 29 Total 46 45 0 75 Shortfall in Total: 42 21 0 63 Liquidated Damages 6,926 5,758 6,675 per Unit by Phase: Dollar Penalt 290,915 120,905 N/A 411,820 Constructed by USHomes (113 units respread over phases, but no change in phase deadlines: Phase I Phase II Phase III Total Townhomes 32 16 0 32 Condominiums 14 0 0 14 Additional Proposed 0 29 28 57 Total 46 45 28 103 Shortfall in Total: 6880 5713 0 12593 Liquidated Damages 6,926 5,758 6,675 per Unit by Phase: Dollar Penal 290,915 120,905 320,386 732,206 a7 0 0 ~ t~ ~ N N COO. 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NICOLS RIDGE CONCEPT REVISION ISSUE: Lennar Corporation, the developer of the Nicols Ridge project in the Cedar Grove Redevelopment District, has completed the townhouse units anticipated in Phase I of the three phase project and has constructed the first sixteen of the townhomes in Phase II. However, in response to the downturn in the condominium market, the developer chose not to continue with its condo product after the first of four buildings was completed in Phase I. The completion date for Phase I passed at the end of 2006 and the developer is technically in default at this time. Lennar approached the City in late 2006 requesting a concept review for a modified redevelopment scenario for the Nicols Ridge that would replace the remaining condominiums with additional townhouses, resulting in a net decrease in total units from 230 to 175. In addition, the developer is requesting that the City consider waiving TIF liquidated damages in the development agreement for the default circumstance and consider selling the City acquired properties to the developer at a reduced price to permit them to cover costs and achieve a return. Due to competing agenda items and the holidays, the request was heard by the Council at its February workshop and the matter was referred to the Finance Committee. Within the past week, Lennar has contacted staff proposing to discuss an alternative that would introduce a development partner that may take over some portion of the condominium obligations for the project. Nonetheless, the project is technically in default at this time and the developer indicates that it will still be proposing a reduced number of condominiums for the project, so staff will want to provide an overview of the situation to the Finance Committee and receive direction with respect to the next steps to be taken with the developer. BACKGROUND: The TIF development agreement with Lennar called for the company to construct the 230 housing units in three phases over a specified period, in exchange for the City to use TIF proceeds to pay for the special assessments for the public improvements serving the site and to pay for the cash parks and trails dedication for the units. Failure by the company to meet the unit counts by the phase completion dates results in financial liquidated damages on a per unit basis. The Council response to the presentation of the Lennar request was that the alternative townhouse product the company proposes for the remainder of the project appears consistent with the product that has been constructed to date and would be a reasonable alternative to the previously proposed townhome units, provided they continue to meet the finish material standards set for the redevelopment area and the project. Councilmembers indicated, however, that the City is not obligated to insure a profit for a developer and that financial considerations would need to be reviewed in more detail to determine whether to require performance under the development agreement, negotiate a revised agreement, declare the project in default or take other action relative to the project. To date, Lennar has constructed 62 units, including 46 of the 88 units called for in Phase I and 16 of the 66 units called for in Phase II. The company has presented two base scenarios. In the first, they would propose to eliminate the remaining condo buildings and replace them with an additional 57 townhome units to be constructed on property the company owns, which represents the remainder of the Phase I property and the Phase II property. This would result in a total of 119 Lennar units in roughly the area that had been planned for 154 units. Under this scenario, Lennar would dispose of the one property on the western portion of the site that it currently owns (former Gonyea parcel), presumably by sale. Because of that property?s shape, it can only be developed effectively in combination with the four City owned parcels on that end of the project area. The company analysis indicates that none of these scenarios generates a profit, even if the full price of the price of the Gonyea parcel ($563,000) is recovered. Under the second scenario, Lennar would prose to complete development of the site through the construction of 113 additional townhomes for the reduced total or 175 housing units instead of 230. The company represents that it only sees scenario #9, in which it would achieve a 4% return, as financially viable, which assumes that the City would sell its parcels to the company at 20% of the price agreed upon in the development agreement and waive the TIF liquidated damages in the agreement for failure to construct the total number of units required and failing to construct a requisite number of units by the phase deadlines. The Lennar profit of $1 million would depend on the City donating an additional $1.14 million in land value to the project and provide the TIF benefits as if all 230 units were built in the timeframe originally agreed to. In either the 57 unit or 113 unit scenario, the reduction of the number of units and the delay in their construction will result in reduced TIF proceeds available to support the TIF assistance to the project and the additional proceeds that were expected to support activities in the Core Area of the redevelopment. Staff and the City consultants have reviewed the financial information presented to date, starting instead with the scenarios under which the company would be obligated to pay the liquidated damages in the agreement and/or truncate its development by transferring the Gonyea parcel to the City in consideration for a renegotiation of the development agreement. While the financial impacts of the alternatives will shift under the revised proposal the developer is expected to present with the new condominium partner, the current analysis suggests the following: ? The shortfall of 42 condominium units at the end of Phase I translates to a TIF penalty of $290,915 today. Depending upon the terms of a renegotiated development agreement, it is likely that the developer would not complete enough units by the end of 2007 to meet the Phase II unit count and ultimately they would not meet the overall unit count. Therefore, in any alternative scenario, the issue of additional liquidated damages or reduced City assistance would need to be defined. ? The developer is postponing the completion of each of the phases by one year, which would result in TIF liquidated damages for all phases unless the agreement is renegotiated. ? The valuation assumptions in the developer?s scenario comparison appear very low. Most significantly, the analysis is based on am average home price of $220,000, when the townhome units constructed to date have averaged between $280,000 and $290,000. To the extent that the proposed alternative townhome product is intended to address marketing challenges associated with the original product (living space on entry level rather than split entry), it is unlikely that it would sell at a 25% discount compared to the original units. Even if the units were to sell for that amount, the $17,600/unit pretax income appears to be low for a production builder. Staff has asked for a clarification of the difference. ? The use of pretax comparisons does not provide a clear picture of the developer?s financial position. The Council has appropriately indicated that the City is not to be expected to cover developer risk. To the extent that the developer is making representations regarding perceived returns as part of its decision making process, staff has also asked that the pretax analysis be supplemented with an after tax comparison of the scenarios, since tax benefits are one of the considerations in property development. Between the presentation of only pretax calculations, the low comparative selling price of the units and the apparent pretax return per unit used in the calculations, the gain/loss calculations cannot be confirmed. Staff has asked for after tax comparisons of the scenarios. Pending the presentation of the alternative proposal with the condominium partner, staff has identified the following alternative directions: ? Negotiate the completion of the site on the basis of the original unit types and counts with Lennar and its condominium partner. ? Negotiate the completion of the development of the eastern portion of the site with Lennar under terms favorable to the City, including the transfer of the Gonyea parcel to the City for completion by an alternative development partner. ? Negotiate the completion of the entire site development with Lennar for the reduced unit count under terms favorable to the City. ? Declare the developer in default and negotiate the transfer of all remaining undeveloped property to the City for development by an alternative development partner. ? Other alternatives to be identified through the discussion. ATTACHMENTS: ? Original project site plan. ? Lennar request for revised concept plan. ? Proposed project site plan. ? Property ownership map. ? Table illustrating current unit count and TIF liquidated damages. ? Lennar comparison of project scenario. COMMITTEE RECOMMENDATION OPTIONS: 1. Provide preliminary direction relative to negotiations with Lennar regarding the Nicols Ridge TIF Development Agreement. 2. Other: __________________________________________________ AGENDA FINANCE COMMITTEE MEETING THURSDAY MARCH 29, 2007 7:30 A.M. CONFERENCE ROOMS 2A & 2B I. AGENDA ADOPTION a. Review meeting notes from 3/08/07 meeting II. REVIEW TH149 BIDS AND BID ALTERNATE FOR FIBER CONDUIT III. UPDATE ON NICOLE RIDGE CONCEPT REVISION PROPOSAL IV. OTHER BUSINESS V. ADJOURNMENT Agenda Information Memo March 29, 2007 Finance Committee Meeting I. AGENDA ADOPTION a. Review meeting notes from 3/08/07 Finance Committee meeting ACTION TO BE DISCUSSED: No action is needed. The enclosed meeting notes are for the review of the committee. FACTS: • Per the request of the City Council, meetings notes are being taken at each City Council standing committee meeting in order that the City Council can review staff's understanding of the discussions and recommendations made at each of the committee meetings. • The Committee meeting notes will be forwarded the City Council after the committee has had the chance to review the notes. ATTACHMENTS: • Enclosed on pages through 1— are the meeting notes from the March 8, 2007 Finance Committee meeting. Meeting Notes Finance Committee Meeting March 8, 2007 Attendance: Mayor Maguire, Councilmember Carlson, City Administrator Hedges, Director of Public Works Colbert, City Engineer Matthys, Transportation Engineer Plath, Director of Parks and Recreation Seydell Johnson, Director of Community Development Hohenstein, and Director of Administrative Services VanOverbeke. Agenda/Meeting Notes City Administrator Hedges opened the meeting at 7:30 a.m. requesting feedback on the Finance Committee meeting notes for the February 20, 2007 meeting. Members responded that the notes were good and helpful and appropriate to forward to the full City Council. Administrator Hedges also outlined the need to keep the full Council informed of all of the actions resulting from the various committee meetings. He asked that presentation of the background material on the Thomson expansion proposal be added to the Committee agenda based on the City Council direction at the regular meeting on March 6. The agenda was revised to consider the Thomson item first. Other Business Thomson Expansion Proposal Director of Community Development Hohenstein provided background information on the meetings and discussions that have taken place since Thomson representatives first approached City staff in August of 2006. Director Hohenstein noted the challenge of respecting Thomson's request for confidentiality with the need to inform the City Council of the discussions, and to make sure all public policy determinations and formal agreements are discussed in a public forum. He also outlined the State Department of Economic Development's role as the first contact with the proposal and Thomson's desire to deal directly with the County and School District in regard to any approvals required from those entities. The Finance Committee directed staff to stay the present course with the City's primary role being to assist Thomson in their efforts at the State Capitol to achieve the necessary special legislation and then in the consideration of the creation of a TIF District at the appropriate time. The Committee,noted a desire to fully understand the complete incentive package being requested by Thomson and observed the potential requirement for the same information at the State Legislature. Director Hohenstein also presented a memo presenting an overview of the process to date and outlining potential components of the assistance package as they are currently known to City staff. CR Update on Civic Arena Proposal' City Administrator Hedges and Director of Parks and Recreation Seydell Johnson provided background on discussions with the representative of the Wild Hockey Team. These discussions have been on and off since the spring of 2006; however, there seems to be more interest from the Wild in moving the discussion to a definitive conclusion at this time. The Finance Committee reviewed the list of City interests contained in the packet memo and provided the following responses: • The financial interests are okay as presented. The City should not incur any additional bonding or operational costs as a result of any construction or use resulting from the potential partnership with the Wild. • It is difficult to balance the community benefits as envisioned by the Wild against potential displacement/interruption to current City programming. Certain potential challenges/conflicts e.g. relocation of dry floor activities, could be worked around especially with the inclusion of a studio rink in the overall project. However, last minute requests for ice time cannot be allowed to displace games and/or other previous commitments to other stakeholders .or users such as the Eagan Hockey Association, the School District, and community open skate sessions. Last minute ice time requests for Saturdays and Sundays would be problematic and probably would not be entertained. The Finance Committee would like to see more information on typical schedule requests from the Wild, primarily those that might impact the City's scheduling of prime time ice at the facility. • The City needs more detailed information regarding the expectations of the Wild for both advertising and naming rights before City parameters can be developed. In general the Finance Committee is open to having the discussion, but is not committing to anything without more information. • The Finance Committee would like to participate in subsequent meetings with Wild officials at the decision making level to move the discussions to a conclusion. • It is important that the Eagan Hockey Association receives an answer to their interests regarding facility expansion and use. Maior Street Infrastructure Funding Options Director of Public Works Colbert opened the discussion by reporting that as a result of the meetings that have been held, staff has concluded that the chance of getting any additional money from either the State or Federal government is nil, after the bid is awarded for the Highway 149 project. State elected officials and Minnesota Department of Transportation staff are sympathetic to the City's problem, but no additional dollars are likely to be secured, if the City is willing to proceed with the project at this time. One potential option is for the City to reject the bids on the project thereby sending the message that the City is not prepared to make an increased financial commitment to a State highway project. The result of rejecting the bids would 3 likely be to delay the project for at least one year. A one year delay would likely cause an inflationary cost increase; however, that may be somewhat offset by better bids resulting from bidding in the fall rather than in the spring. It was noted that the State commitment to this project is held through September of 2010 and the Federal money is not available until October of 2007 so a delay would not immediately impact the availability of those dollars. City Engineer Matthys also noted that the temporary construction easements are in place for three years so a one year delay should not cause a problem with easements. In the event the project is delayed it will be important to have calls directed to State elected officials and MNDoT as the responsible governmental entities and that the media is properly informed of responsibility. A preliminary list of potential costs resulting from a delay include: efficiency of travel, safety, increased project costs, deteriorating road conditions, and impact on Thomson expansion. It was noted that continuing efforts need to be made to consolidate City efforts with those of Thomson in requesting funding assistance so we are not in competition with each other for the same potential dollars. Councilmember Carlson requested more detailed information listing which future State Highway projects are actually included in the 5 -Year CIP. She also asked how we can develop a mechanism to determine the advisability of moving ahead or delaying other County and State projects that might place too great a financial burden on City resources thereby limiting the City's ability to take care of its own street obligations. Director of Administrative Services VanOverbeke responded that the response to this question is ultimately the CIP process itself; however, that review may require a longer time frame. City Engineer Matthys added that the TINA study is designed to help with the long-term obligations and should assist in addressing this question. Councilmember Carlson suggested that it might be appropriate for the City to set aside and dedicate some Major Street Fund reserves in another fund to be specifically set aside and ear marked for defined future projects e.g. bridges. The intent would be to more clearly match on-going revenue streams and reserves against both short-term and long-term project costs. A Finance Committee Meeting was scheduled for 7:30 a.m. on Thursday March 29 with the agenda to include at least the following: 1. Additional review of the financial commitment related to the Highway 14c. project. The bids will be opened on March 22 and the City Council is scheduled to take action on the bid award at its meeting on April 5. 2. A response to the bid alternate for fiber conduit related to this same bid opening. Iq Agenda Information Memo March 29, 2007 Finance Committee Meeting II. REVIEW TH149 BIDS AND BID ALTERNATE FOR FIBER CONDUIT ACTION TO BE DISCUSSED: 1.) Review TH149 bids and provide direction regarding financing options for TH149 to the City Council as a whole. 2.) Review the bid alternate for the fiber conduit and recommend a financing mechanism for payment of the fiber conduit for consideration by the City Council as a whole. FACTS: The Finance Committee was directed by the City Council to review bids for the proposed TH149 project including an alternate bid for fiber conduit; the Finance Committee met on March 8 and discussed both the major street infrastructure funding options and a specific breakdown on the proposed estimates for Highway 149 and, more specifically, the anticipated costs to the City of Eagan. Bids were received on Thursday, March 22; a breakdown is enclosed as an attachment for Council review. Director of Administrative Services VanOverbeke and Director of Communications Garrison have reviewed the fiber conduit financing and provided an update on the work of the Technology Task Force to -date and offer some background for public policy consideration relative to funding the Highway 149 conduit. This discussion is outlined in memos that are attached from Director of Administrative Services VanOverbeke and Director of Communications Garrison. ATTACHMENTS: • Enclosed on pages �Q_ through r7 is information pertaining to Trunk Highway 149 and alternate bid for conduit bid summary and further discussion on the State management of the project. • Enclosed on pages 5? through � is another copy of the March 2, 2007 Major Street Infrastructure Funding Options prepared by Director of Administrative Services VanOverbeke. • Enclosed on pages 13 through is a copy of a memo explaining the work of the Technology Task Force prepared by Director of Communications Garrison. • Enclosed on pages _Lg- through/ is a copy of a memo from Director of Administrative Services VanOverbeke relating to fiber conduit financing. City of Evan Memo To: THOMAS L HEDGES, CITY ADMINISTRATOR From: THOMAS A COLBERT, PUBLIC WORKS DIRECTOR Date: MARCH 23, 2007 Subject: FINANCE COMMITTEE MEETING — MARCH 27, 2007 On February 20, 2007, at the direction of the City Council, the Finance Committee discussed the local financing obligations of City Project 778 (TH 149 upgrade). The discussion focused on the anticipated significant escalation in local cost participation due to state and federal contribution caps and the related impact on the City's Major Street Fund (MSF). The total local obligation of —$16.6 million was based upon a pre-bid construction cost estimate of $11.2 million (base bid). The TH 149 cost estimates presented to the committee on February 20 indicated a resulting MSF deficit of about $2.5 million at the end of the currently approved 5 -year CIP (2011). The Finance Committee discussed avoiding such a deficit by the reduction/elimination of projects in the current CIP's remaining four years ('08-'11) or by finding additional funding for the MSF. The significance of the potential impacts to the currently approved 5 -year CIP (as well as other major pending financial obligations) and the challenges of alternative funding options required further. analysis based on firm bids for the Committee's consideration of any final recommendations to the City Council. TH 149 BIDS On March 22, the bids for Project 778 were opened. 16 bids were received from a variety of heavy construction contractors. All but one of the bids were well below the Engineer's Estimate ($11.2M). Both the number of bidders and the competitive bids submitted indicate a very strong interest in securing this contract early in this construction season, possibly due to limited availability of heavy construction work. The current competitive bidding climate likely offset the effects of the recent industry cost escalations. The apparent low bid is $9,474,728.98. This bid is $1.73 million below the Engineer's Estimate used in previous financial analyses. The following reflects a revised cost participation summary based on bids received. �`I Finance Committee Memo February 15, 2007 Page 2 Source Feas. Rpt Est. CIP Budget Final Desig Est. Bid Federal Funds $5,500,000 $6,094,000 +11% $ 6,094,000 MnDOT Funds $2,140,000 $2,256,000 + 5% $ 2,256,000 Inver Grove Hts. $ 220,500 $ 803,197 +264% $ -729,095 (+/-) Eagan or ? $3,310,860 $5,230,000 $7,411,168 +124% $ -5,760,000 (+74%) TOTAL $11,171,360 $16,564,365 + 48% $14,839,095(+3.3%) IMPACT ON MSF BALANCE While the previously discussed pre-bid estimate was projected to increase the MSF deficit to about $2,500,000 by 2012, the actual bid would reduce that deficit to about $750,000. As previously noted, this projected deficit -may substantially increase further as other future programmed projects are re -estimated with the next CIP update due to continued industry cost escalations. Public Works staff is currently working on the 2008-2012 CIP and will have a variety of project reductions and alternative funding options, and their related implications, for the Council's consideration at a May workshop. Unfortunately, this information will not be available prior to the April 5 TH 149 bid award consideration. FIBER OPTIC CONDUIT ALTERNATE BID In response to the Council's stated goals, the placement of six conduits for future fiber optics installation was included as an alternate bid as part of the TH 149 bid package. The apparent successful low bidder had a bid of $151,023 for the installation of these conduits along TH 149 from TH 55 to Wescott Road, including the crossing of the CP Rail railroad tracks at Yankee Doodle Road and Wescott Road. The source of funding for the placement of these conduits is unknown to date. The Council's consideration of contract award for the TH 149 upgrade will also need to consider this alternate bid and the funding source for the conduit placement. While the results of the TH 149 bid opening were positive, the remaining financial burden for the City of Eagan is still overwhelming in relation to our long term local transportation needs. I am always available to help identify feasible options and/or modifications to our future construction program or alternative funding scenarios to provide a balanced and deliverable transportation infrastructure for our community and intend to present such information at the May workshop. c: Gene VanOverbeke, Director of Administrative Services Russ Matthys, City Engineer Tom Pepper, Chief Financial Officer '7 7 City of Eagan Memo To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: March 2, 2007 Subject: Major Street Infrastructure Funding Options It is my understanding that staff was directed to undertake two activities resulting from the Finance Committee meeting of February 20, 2007. First, a menu of options is to be presented to pay for the significant cost increase ($2.5 more than budgeted in the 2007 CIP) to the City's obligation for Highway 149. 1 believe we might have created the misunderstanding that dollars are not available in the Major Street Fund to actually make the payment. The dollars are available and can be used for this obligation. The deficit that is created is in the 5 -year CIP currently programmed through 2011. For all practical purposes there is no short-term problem in proceeding with the project and in making the payment from the Major Street Fund. The problem is long-term in getting projected revenues and expenditures into balance within future CIP's. That will probably require a combination of new revenues and reduced expenditures. The following table illustrates the five year CIP including the additional $2.5 million in Highway 149 costs added in 2007. _..__.. ......_ _ __.._._ _..__._ !Major Street Fund 2007 - 2011 CIP Presentation # 2007 2008 2009 s �2010� 2011 i Totals Beginning Cash Balance, $11,461 I $ 1,921 $(1,677)a s $(2� (2,670)11$ ,8 $11,461 ( � Additons _ _-P roperty Taxes 1,188 1,188 1,188 1,188 _.._.._ I '. 1,188 ir. 5,940 Municipal State Aid 755 755 755 j 1,555 it 1,555 ; : 5,375 Total Receipts 1,943 ._ . 1..,943 ,._.._.1,9 l 2,74 i 2,74 Subtractions:---...---__t.i.....__ -_ Financing Obligations 11,483 , 5,541 2,936 ` 2,919 j; 2,736 ; s 25,615 Total Expenditures 11 483 ' 5,541 i 2 9 a 2 9 2,736 ' ` 25,615 ;Ending Cash Balance _.. $ 1,921 $ (1,677) $ (2,670); I $ (2,846)' �. i `I, $ (2,839); '', $ (2,839; i.---------1_! Using the increased 2007 costs, adjusting the 2007 tax levy to the actual amount, and including a 5% increase in the tax levy for the years 2008 through 2011 results in the following CIP Presentation: 2007 -- 2011 CIP 1 Beainning Cash B Additon_s: Propert_y Taxes Murncipal State M. Total Receil Subtractions: Ending Cash Bala _.. Vith 5%Tax �uT2007 glance . increase $11,461„ and $2.5 _2008 _._$_1,981 Million 2009 $(1,457) Additiona 2010 2621 $(2, w ) _Costs _.�_„_,_._..___.._.__. 2011 �� M 181) ...___...._____ Totals $11,46 Aid_.._..._.__..._._. )ts 1, 248 755 2,003 ,.,.... 1 793 10312,309 103 ...._._2'__..._..... 755 } 2,131 w .._.__,._.. 1,555. 3,000 l _. 1,555 3,072 __. _..k....; 6, 896 5, 413 ' __... ...... ...._....._.,..._. 11'- tions iitures 11,4831 11,483 _.. ___..._.____ . _..._ . 5,541 ,_.__.__ 2, 936 2, 919 919 2, 736 2,736 . 25,615 25,615 nce _. 3 $ i $(1� 457) $ 2 262) $(2,181) $(1,845) $ (1,845) A long-term increase in the ad valorem tax levy $1.0 million (also increased 5% per year) with no other changes in the projected expenditures (except the additional $2.5 million in 2007) results in the following 5 -year CIP projection. The following table which is a summary of the currently approved 5 -year CIP illustrates the impact of State and County projects on City resources. See particularly the "Summary by Primary Jurisdiction" section of the table. 2007 -- 2011 CIP By Street Type. _..._........_.._._...,........._,_..____. ,�..-._.,_.,_.............._..._ Natal Project Costs _...._..____ __...... _.__._ __._._.__.,,__. 2007 , 2008 2009 2010 2011 Totals Arterial & Collector State 4,928,400 ; 1,450,500 6,378,900 -_..__ __._-.._, County 470,0001,900,000 I ___ . _ 1,200,000 3,57_0,000 C!'__......,.__....,...___.,_.__ II 750,000 1,555,000 ..__._,.......___._..._..i Total 5,398,400 3,350,500 750, 000 805,000 1,200,000 11,503,900 Local Streets City 1,505,500 2,636,700 2,691,000 2,321 000 1,945,000 11,099,200 Trails City 331,155 156,870 138,500 41,500 234,000 902,025 Sealcoating ....�w._ _.. City 366,589 j 314,808 _v.,,....._. 203,873 ,_.,_ ..a..._..,..... ...__.. 174,736 180,632 t 1,240,638 Intersection Improvements State _. _.._ 150,000 _ 125,000 _.___...._.__.___ .._.__..,__._..,._..__...,__. k 650,000 _, y_r. _._._____ _.___­ ­ .._. __._..__._.______.._._.. 800,000 t County 1,125,000 .._-_.._.._.__._....,__..___ 500,000 1,75_0,000 Ci 800,000} ! ....__ t� i-�m._,._.._.___.�..,..._ ,._.___-__._.__.,__,._,_.__800,000... _._....__._�ry_.....,w_....�...,._.,..,_.__.___.__.-_..._._.__.�_.. Total ___.___...___.__.__......._......____.__r_{Jurisdiction 1,925,000 � _,__._..._..,__. 275,000 650,000 _._._.,_,..._.._...._..._.-,_... 500,000 - 3,350,000 Summar B Prima Yy_..__..._._-___.y_.� __,._____.__._._.........,.._�___.._._,.__.,_ ,. _e _]__4 County 4,928,400 928, 0 1,595,000 1,600,500 ! 2,025,000 650,000 - - __. 500,000 1,200,000 7,178,900 5,320 000 Ci _..._ __..._ 3,003,244 ; __.__ 3,108,378 .. _..__._,___ ; 3,783,373 _______. _...._.____ 3,342,236 2,359,632 _ ._,_._. 15,596,863 6,733,878_ 4,433,373 3,842,236, 3,559,632 28,095,763 I Mayor Street Fund Share Arterial &Co11ect6r 5,363,400 3,098,500 490,000 665,000 11000,000 10,616,900 Local Streets ! 1,007,000 1,695,460 1,454,000 1,538,000 1,321;000 7,015,460 Trails 321,155 i 156,870 138,500 .41,500 234,000 892,025 _.,. Sealcoating 366,5891 ..,.... 314,808 203,873 174,736 i 1.80,632 1,24_0,638 Intersection Improvemen ts .._..,,_._�,.._.._.....___.., en 1,925,000 I� 225,000 , 650,000 s 500,000 - 3,350,000 Total Major Street Fund 8,983,144 5,540, t _. 638 _ ! _..,.._ 2,936,373 p' ,36 I 2919,2 1 .,,2 3 2, 735,632 2, 23,115,023 ._..,... The table demonstrates $7,178,900 of City Cost related to State Highways before the additional $2,500,000 is included bringing the new total to $9,678,900. Any long-term solution will probably require a review of the City's commitment to cost sharing on State and/or County projects; with review of the impact related to timing at a minimum. If delaying and/or reducing City obligations to State and/or County projects are options, the tax increase programmed above is probably the only required City action at this time. In the event the City desires to proceed with State and/or County projects on the schedule of the existing CIP and TINA study other revenue sources will be required. The twenty year shortfall noted in the TINA report is $35 to $50 million or $1.75 to $2.5 million per year. After the $1 million increase noted above the shortfall remains at $.75 to $1.5 million per year in that ��n time frame. Doubling the tax increase to $2 million per year would for all practical purposes eliminate the projected deficits. However, additional cost increases to projects included in this and future CIP's would also increase the problem of balancing the CIP's on an on-going basis. The following chart demonstrates the impact of adding a $1 million additional levy to property taxes on the 2007 payable average market value house in Eagan. Attached to this memo is a matrix outlining potential methods of increasing revenues for the Major Street Fund including both short-term cash infusions and long-term changes in the revenue stream. The matrix is broken down to differentiate between potential revenues that are primarily controlled by the City and those that would require or result from some State action. The estimated fund balances noted on the matrix are very preliminary and additional work is necessary to both confirm the dollar amounts and to review other commitments already in place or contemplated in the future. For example, some of the General Fund balance is in place for working capital, but not officially designated as such within the statements. Payment for the newly approved replacement ladder apparatus for the Fire Department will also require dollars from one or more of these sources. The matrix does not include bonding options or any other methods to advance funding, since they only change the timing and there is no increase in overall resources available in total. Further, the matrix does not account for other potential City projects/initiatives noted in the recently approved City goals that may compete for funding from the same revenue sources, both long-term and short-term. Since little definitive work has been completed on these potential projects/initiatives, I am not including any estimated cost numbers. The preliminary list is as follows: 1. Open space acquisition. 2. Fire stations 3. Fiber project 4. Cedar Grove Redevelopment 5. Retiree health insurance 6. Other public utilities infrastructure The second activity regarding the development of a policy that addresses long- term needs and provides the same long-term financial stability that the City has experienced historically will continue and become formalized upon direction resulting from this meeting. Please let me know, if you would like any additional information or if you would like to discuss any of this material. qK) Director dministrative Services VanOverbeke cc: Director of Public Works Colbert Chief Financial Officer Pepper City Engineer Matthys Transportation Engineer Plath ja City of Eagan ma To: CITY ADMINISTRATOR HEDGES From: COMMUNICATIONS DIRECTOR GARRISON Date: March 23, 2005 Subject: UPDATE ON PROGRESS OF TECH WORKING GROUP & PERSPECTIVES REGARDING NECESSITY OF 149 CONDUIT You asked that I provide a brief update of the preliminary findings of the Tech Working Group with respect to priority areas for extending conduit, a fiber master plan, and specifically the importance of the bid alternate for conduit along the Highway 149 construction route. Progress To Date • The Tech Working Group has learned from electrical engineering experts that to build a successful fiber ring from which to deploy services, it is NOT necessary to go down every street or to take advantage of every open trench possibility. • Rather, it is important to identify and have a strategy for taking advantage of certain key routes and zones that might now or in the future be interconnected. • Based on expert testimony, it is the belief of the Tech Working Group that Highway 149 is a key route representing the major line along the eastern edge of Eagan and the only time this area is likely to be open trench in the next 40-50 years. _ For that reason conduit should be installed there with an eye to the future. • The good news is, there appears to be no more immediate high profile or high priority location construction projects in at least the next year that would represent a missed opportunity if not pursued. As stated later in this memo, that will allow the City Council, advised by staff and the Working Group, time to make a better decision on its preferred options. • Those options will arise as full results are known from industry discussions that were also directed by the Communications Committee. Per direction, we have been contacting and meeting with current and potential providers to see what they might be able to do in concert with the City to achieve our broadband goals. • To date, high level discussions have been held with'Qwest and Comcast officials and we are awaiting answers from both about their willingness to extend fiber to homes and businesses, and whether or not City participation might help extend fiber the last distance necessary to hook-up a home or business off of the main line. A similar meeting will be scheduled with Frontier Communications because it already has a great deal of fiber running through Eagan. An earlier intended meeting with them had to be rescheduled past March because of schedules /3 requiring key Frontier personnel to be out of state. We have also re -contacted Dakota Electric to gauge their willingness to partner Additionally the Working Group is investigating a European technology to use sewers as a cheaper way to deploy fiber, and so-called "dark fiber" possibilities available in Eagan. Dark fiber is installed fiber that has never been lit up, but is available for lease. It is possible, with long-term leases, that this option may be a cheaper alternative than installing fiber in certain locations. Costs in these areas, until one is willing to do a deal, are closely guarded. Even local IT experts calling for us have not been able to secure the information. • Because of the city and the Tech Working Group's interest in making sure its major greenfield -like opportunity in the Cedar Grove Redevelopment District has the capability for high speed fiber, the RFP for Cedar Grove was modeled on the specification for conduit along Highway 149. Submitters can choose to only install conduit or work directly with a provider for fiber optic service. Initial responses are due back April 30. • Lastly, we have updated the original fiber estimates from Dynamic City for a city- wide build and a "Plan B" alternative. Next Steps I think you can see that while several discussions and requests for infonnation are in progress, we await the final answers that will allow the Tech Working Group to come back to City Council and say, "Here are the various options, the expected price tags, and the pros and cons." The Council will then be in a position to opt for a desired alternative, that can be fully engineered and priced as part of a master plan. Until we know who is a willing potential partner, what they might be willing to do for us and with us, and what they would expect us to pay for, the Council is not yet in a position to choose from those alternatives. We would expect to have those initial "back of the envelope" answers and prices no later than mid-June, and sooner if possible. We have found that getting answers, particularly from the incumbent providers during the current legislative session which is expected to last through May, has been difficult at best. When we do get those answers, I'm confident that we can proceed quite quickly for Council feedback and questions, and settle on a preferred alternative to fully master plan. It should be noted than it may be necessary to secure an outside firm with the proper electrical engineering expertise to produce the master plan called for by the Council when it adopted its 2007-08 goals in February regarding the installation of high speed fiber optic broadband. Please let me know if you or the Committee would like any further information. 'r City of Evan Memo To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: March 23, 2007 Subject: Fiber Conduit Financing You asked that I provide this memo outlining the background on previous City fiber related construction in Eagan and possible funding alternatives, if the fiber conduit alternative is approved with the Highway 149 project bid award. Background City Use In cooperation with ISD 196, a number of other cities, Dakota County, and the State, Eagan participated in the construction costs related to the ISD 196 fiber upgrade project. This project included fiber installation to Fire Stations 3 and 4, City Hall, and will provide for the City's primary connection to the State through the Western Service Center in Apple Valley. In the primary loop the City uses fiber strands within the ISD 196 conduit. The City has sole ownership of the conduit and fiber specific to its own facilities. The City has paid $169,062.90 from its Cable TV Retained Franchise Fees Fund for this installation. Entrepreneurial In addition, to take advantage of lower construction costs the City Council chose to have empty conduit installed through the same 11.5 mile loop during the same construction activity. That conduit is .under the sole ownership of the City and was installed at a City cost of $242,227. Construction costs were paid through a non capitalized enterprise fund which has a 12-31-06 cash deficit of $248,187. The dollars have been borrowed internally and are expected to be recovered in the future through the use/sale/lease of the conduit which at this time remains undefined pending additional study. This study continues as part of the City Council 2007-2008 goal of "Pursuing world class internet speeds, connectivity, and access to all Eagan residents and businesses by developing a master plan, including finance options and policies, for the installation of high speed fiber optic broadband." Funding Alternatives -Highway 149 Conduit The installation and funding issues related to this Highway 149 conduit option are consistent with the earlier dilemma faced by the City at the time of the ISD 196 project. The first question being whether or not the risk related to a City investment of $151,000 to maintain future conduit use options in the Highway 149 corridor is reasonable. In general, the City is trying to balance a fixed' cost today against an uncertain future benefit. Installing the conduit at this time effectively starts the risk clock today. The pro to that choice is a lower cost while the con is a sunk cost that generates an asset with a wide range of potential future value ranging from enormous to little or at the extreme none. Not installing the conduit at this time effectively delays the risk until a future time. The pro to that approach is today's cost avoidance and a more precisely defined need/project at some future time. There is also the possibility that the future could potentially show no need at all, thereby avoiding all of the construction costs. The con is the potentially much higher construction cost in the future, although higher costs could potentially be more than off -set by reductions with a more defined project. Unfortunately, I am not aware of a straight forward method to quantify the risk/reward of the choices that would assist in determining the best course of action. The goal related to internet access, speed, etc. results in the City moving into uncharted territory. The Technology Working Group is continuing to help define the options for the course and as their work continues an overall financing plan can be incorporated. Staff is not aware of any other pending City construction projects where this same install conduit / don't install conduit question will be raised before the more comprehensive policy matters can be decided. If the City Council answers this first question in the affirmative and chooses to proceed with construction at this time, the payment should probably be handled in the same manner as the 11.5 mile City owned (entrepreneurial) conduit in the ISD 196 loop. The payment would be made from the enterprise fund with dollars advanced from the City's investment pool and interest charged. The challenge with this approach is that obviously the enterprise fund will incur carrying costs and will eventually need to be capitalized. If the enterprise fund does not become self sustaining, a backup plan of charging the Cable TV Franchise Fees Fund could cause a significant drain on its resources and any tax supported capitalization may not look attractive. Please let me know, if you would like to discuss this information or if you would like any additional information. �-7.ho Direct'l Administrative Services cc: Director of Communications Garrison Chief Financial Officer Pepper Agenda Information Memo March 29, 2007 Finance Committee Meeting III. UPDATE ON NICOLS RIDGE CONCEPT REVISION PROPOSAL ACTION TO BE DISCUSSED: l.) Provide preliminary direction relative to negotiations with Lennar regarding the Nicols Ridge TIF development agreement for presentation to the City Council as a whole. FACTS: • Lennar approached the City in late 2006 requesting a concept review for a modified redevelopment scenario for the Nicols Ridge that would replace the remaining condominiums with additional townhouses, resulting in a net decrease in total units from 230 to 175. • The developer is requesting that the City consider waiving TIF liquidated damages in the development agreement for the default circumstance and consider selling the City acquired properties to the developer at a reduced price to permit them to cover costs and achieve a return. • This request was heard by the Council at its February Work Shop and the matter was referred to the Finance Committee. ATTACHMENTS: Enclosed on pages R through is a copy of a memo that provides background information on the proposed concept revision along with copies of the actual layout revisions. 17 FINANCE COMMITTEE March 29, 2007 III. NICOLS RIDGE CONCEPT REVISION ISSUE: Lennar Corporation, the developer of the Nicols . Ridge project in the Cedar Grove Redevelopment District,.has completed the townhouse units anticipated in Phase I of the three phase project and has constructed the first sixteen of the townhomes in Phase 1I. However, in response to the downturn in the condominium market, the developer chose not to continue with its condo product after the first of four buildings was completed in Phase 1. The completion date for Phase I passed at the end of 2006 and the developer is technically in default at this time. Lennar approached the City in late 2006 requesting a concept review for a modified redevelopment scenario for the Nicols Ridge that would replace the remaining condominiums with additional townhouses, resulting in a net decrease in total units from 230 to 175. In addition, the developer is requesting that the City consider waiving TIF liquidated damages in the development agreement for the default circumstance and consider selling the City acquired properties to the developer at a reduced price to permit them to cover costs and achieve a return. Due to competing agenda items and the holidays, the request was heard by the Council at its February workshop and the matter was referred to the Finance Committee. Within the past week, Lennar has contacted staff proposing to discuss an alternative that would introduce a development partner that may take over some portion of the condominium obligations for the project. Nonetheless, the project is technically in default at this time and the developer indicates that it will still be proposing a reduced number of condominiums for the project, so staff will want to provide an overview of the situation to the Finance Committee and receive direction with respect to the next steps to be taken With the developer. BACKGROUND: The TIF development agreement with Lennar called for the company to construct the 230 housing units in three phases over a specified period, in exchange for the City to use TIF proceeds to pay for the special assessments for the public improvements serving the site and to pay for the cash parks and trails dedication for the units. Failure by the company to meet the unit counts by the phase completion dates results in financial liquidated damages on a per unit basis. The Council response to the presentation of the Lennar request was that the alternative townhouse product the company proposes for the remainder of the project appears consistent with the product that has been constructed to date and would be a reasonable alternative to the previously proposed townhome units, provided they continue to meet the finish material standards set for the redevelopment area and the project. Councilmembers indicated, however, that the City is not obligated to insure a profit for a developer and that financial considerations would need to be reviewed in more detail to determine whether to require performance under the development agreement, negotiate a revised agreement, declare the project in default or take other action relative to the project. To date, Lennar has constructed 62 units, including 46 of the 88 units called for in Phase I and 16 of the 66 units called for in Phase II. The company has presented two base scenarios. In the first, they would propose to eliminate the remaining condo buildings and replace them with an additional 57 townhome units to be constructed. on property the company owns, which represents the remainder of the Phase I property and, the Phase II property. This would result in a total of119 Lennar units in roughly the area that had been planned for 154 units. Under this scenario, Lennar would dispose of the one property on the western portion of the site that it currently owns (former Gonyea parcel), presumably by sale. Because of that property's shape, it can only be developed effectively in combination with the four City owned parcels on that end of the project area. The company analysis indicates that none of these scenarios generates a profit, even if the full price of the price of the Gonyea parcel ($563,000) is recovered. Under the second scenario, Lennar would prose to complete development of the site through the construction of 113 additional townhomes for the reduced total or 175 housing units instead of 230. The company represents that it only sees scenario #9, in which it would achieve a 4% return, as financially viable, which assumes that the City would sell its parcels to the company at 20% of the price agreed upon in the development agreement and waive the TIF liquidated damages in the agreement for failure to construct the total number of units required and failing to construct a requisite number of units by the phase deadlines. The Lennar profit of $1 million would depend on the City donating an additional $1.14 million in land value to the project and provide the TIF benefits as if all 230 units were built in the timeframe originally agreed to. In either the 57 unit or 113 unit scenario, the reduction of the number of units and the delay in their construction will result in reduced TIF proceeds available to support the TIF assistance to the project and the additional proceeds that were expected to support activities in the Core Area of the redevelopment. Staff and the City consultants have reviewed the financial information presented to date, starting instead with the scenarios under which the company would be obligated to pay the liquidated damages in the agreement and/or truncate its development by transferring the Gonyea parcel to the City in consideration for a renegotiation of the development agreement. While the financial impacts of the alternatives will shift under the revised proposal the developer is expected to present with the new condominium partner, the current analysis suggests the following: • The shortfall of 42 condominium units at the end of Phase I translates to a TIF penalty of $290,915 today. Depending upon the terms of a renegotiated development agreement, it is likely that the developer would not complete enough units by the end of 2007 to meet the Phase Il unit count and ultimately they would not meet the overall unit count. Therefore, in any alternative scenario, the issue of additional liquidated damages or reduced City assistance would need to be defined. • The developer is postponing the completion of each. of the phases by one year, which would result in TIF liquidated damages for all phases unless the agreement is renegotiated. • The valuation assumptions in the developer's scenario comparison appear very low. Most significantly, the analysis is based on am'average home price of $220,000, when the townhome units constructed to date have averaged between $280,000 and $290,000. To the extent that the proposed alternative townhome product is intended to address marketing challenges associated with the original product (living space on entry level rather than split i entry), it is unlikely that it would sell at a 25% discount compared to the original units. Even 31 if the units were to sell for that amount, the $17,600/unit pretax income appears to be love for a production builder. Staff has asked for a clarification of the difference. • The use of pretax comparisons does not provide a clear picture of the developer's financial position. The Council has appropriately indicated that the City is not to be expected to cover developer risk. To the extent that the developer is making representations regarding perceived returns as part of its decision making process, staff has also asked that the pretax analysis be supplemented with an after tax comparison of the scenarios, since tax benefits are one of the considerations in property development. Between the presentation of only pretax calculations, the low comparative selling price of the units and the apparent pretax return per unit used in the calculations, the gain/loss calculations cannot be confirmed. Staff has asked for after tax comparisons of the scenarios. Pending the presentation of the alternative proposal with the condominium partner, staff has identified the following alternative directions: • Negotiate the completion of the site on the basis of the original unit types and counts with Lennar and its condominium partner. • Negotiate the completion of the development of the eastern portion of the site with Lennar under terms favorable to the City, including the transfer of the Gonyea parcel to the City for completion by an alternative development partner. • Negotiate the completion of the entire site development with Lennar for the reduced unit count under terms favorable to the City. • Declare the developer in default and negotiate the transfer of all remaining undeveloped property to the City for development by an alternative development partner. • Other alternatives to be identified through the discussion. ATTACHMENTS: • Original project site plan. • Lennar request for revised concept plan. • Proposed project site plan. • Property ownership map. • Table illustrating current unit count and TIF liquidated damages. • Lennar comparison of project scenario. COMMITTEE RECOMMENDATION OPTIONS: 1. Provide preliminary direction relative to negotiations with Lennar regarding the Nicols Ridge TIF Development Agreement. Z. Other: � a ti z 7 t i ZN z VV OC o ro •• _ �, az UV �r�� tl tl ti vq ti pp 1 '� C?C �.?C O q33 b o •1 U py m WS'�fi ° WZ�6 U y0. �0. h p, W W h ',+•I , - '��1 oa a` 0Aaf a` SW .3k G Icy i n�I V�J A.y V V 8 F � E sz ll:, Thr --------- --- -------------------------------------- -- ---� _ LENF./�►RW Jon Hohenstein January 23, 2007 Director of Community Development City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Nicols Ridge Jon, Thank you for meeting with Marc Anderson and myself last month. I realize that the time period just before the holidays was a busy one and we appreciate your finding time in your schedule for us. As we discussed at the meeting, we would like the City to undertake a Concept Plan Review for a re- cast of the remaining Nicols Ridge property. We no longer offer a condo product and would be building out the Nicols Ridge development using our `Colonial Manor'(back-to-back townhomes) and `Colonial Manor Split'(rowhome) products. The site plan for the re -cast is enclosed along with elevations of the product. I have supplied you with the addresses of several locations in the area where the Colonial Manor buildings are located so that you and /or the staff (EDA or Council) can view the finished product. The result of this product change is that we would be unable to meet the total density numbers which were used in the TIF and Development agreements currently in place. The original number was to be 230 units, whereas our revised plan calls for a total of 175 units. We have updated the chart that we shared with you at our meeting, copy attached. The homesite count was adjusted up by one to reflect the site plan. We would ask that no penalties be imposed due to the decrease in density. In addition, we would ask that the sale price of the four remaining parcels which we would need to acquire from the City for completion of the project be reduced to an amount which would allow for the project to be financially feasible, that amount being 21.6% of our current option price. Our attached chart includes thirteen iterations. Per your request we've provided detail on'two versions (Versions 3 & 9), attached. Please understand the attached pages contain proprietary and extremely confidential land modeling data which must NOT be considered public information and should be distributed on a `need to know' and `eyes only' basis. If this is not possible, please return all copies. Of the thirteen iterations only Version 9 works for Lennar to make the project financially feasible. This takes our usual 8% NPI floor down to 4.04%. Since we already own some of the land, it gives us a good case with Corporate to obtain their blessing. Because time is of the essence, we would request that the City EDA discuss this matter at their February meeting. We would appreciate a `first blush' response southat we can continue (or not) our planning process. If our proposal is acceptable, we would like to be able to begin construction on the first Colonial Manor building this spring/early summer. The build out of the remaining Nicols Ridge area would likely be done in three phases. Phase One this year. Phase Two in 2008. The final Phase in 2009. In addition, we'd like to thank you for forwarding the information on the overall Re -development District. As indicated in the meeting, we may have an interest in participating in the Master Development, at least as far as any residential component is concerned. 935 East Wayzata Boulevard, Wayzata, MN 55391 e Phone 952.473.1231 c Fax 952.473.7401 • www.lennar.com We at Lennar have enjoyed our relationship with the City of Eagan and hope to continue it with the completion of Nicols Ridge, Please call myself or Marc Anderson with any questions you or your consultants may have. (Marc is the financial genius, not me) Thank you. Steve Grohoski, Project Manager Enclosures °p;lti. AR I � I I I, 4�'I, ; rl'4i r4 � ��. 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I �r f , �i I t � �. ,, 1 • -,�r `�^'•'; r i r f � r I �v � 11, I I � 1J'� r%i, J tti •�6 �u,�l (�L� . i t 14� y (�a � aq r r V r},a lr �•"+� 4 E Ip,tll1�; r 'Stl( +lr I J }I! 4.11 I �1.: AL L. rr.i, , I,,''�J , R 1. V1 <:;:,I i.lI',I ��� � e A � � Y �� Lic' ".. 1 �- :a f4 -- 6 -Mar -07 Delta Development: Liquidated Damages 6,926 5,758 6,675 per Unit by Phase: . Dollar Penalty 23 201,517 507,286 708,826 Phase I Phase II Phase III Total Townhomes 32 16 28 76 Condominiums 56 42 56 154 Total 88 58 84 230 USHomes: Phase I Phase II Phase III Total Townhomes 32 24 20 76 Condominiums 56 42 56 C7154 Total 88 66 76 230 Totals are verified in the contracts. The type breakdown is arrived at by deduction. Constructed by USHomes: Phase I Phase II Phase III Total Townhomes 32 16 0 48 Condominiums 14 0 0 A�dltional Proposed u � �` 42 - 15 � 0 _ r- Totalj 88 _ 31 0 119 Shortfall in Total: 0 35 76 111 Liquidated Damages 6,926 5,758 6,675 per Unit by Phase: . Dollar Penalty 23 201,517 507,286 708,826 Constructed by USHomes (57 units and no Phase III): Phase I Phase 11 Phase III Total Townhomes 32 16 . 0 32 Condominiums10 14 Atlditional Proposed 0 r. x 29;' �g Total 46 45 0 75 Shortfall in Total: 42 21 0 63 Liquidated Damages 6,926 5,758 6,675 per Unit by Phase: Dollar Penalty 290,915 120,905 N/A 411,820 Constructed by USHomes (113 units respread over phases, but no change in phase deadlines): Phase I Phase 11 Phase III Total Townhomes 32 16 0 32. Condominiums 14 0 0 14 MOMoposed A ,b 0 Total 46 45 28 103 Shortfall in Total: 6880 5713 0 12593 Liquidated Damages 6,926 5,758 6,675 per Unit by Phase: Dollar Penalty 290,915 120,905 320,386 732,206 ti O O a N T 0 cd 0 O 0 0000 CO CD N O o0 co CT r 0000 O N 00 �- C7> O T T 0 co co > 2 = _ a) E b , LO T c c I., -c o _ O O _ Ern o Z Z c U O QO X 0 Z (� (D E a - O' Z 0) Q Y LJ 0- CD LO t~ O O cN. 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N T Meeting Notes Finance Committee Meeting March 29, 2007 Attendance: Mayor Maguire, Councilmember Carlson, City Administrator Hedges, Director of Public Works Colbert, City Engineer Matthys, Director of Communications Garrison, Director of Community Development Hohenstein, and Director of Administrative Services VanOverbeke. I. Agenda/Meeting Notes City Administrator Hedges opened the meeting at 7:45 a.m. requesting feedback on the Finance Committee meeting notes for the March 6, 2007 meeting. Members responded that the notes were appropriate to forward to the full City Council. Administrator Hedges also outlined the need to keep the full Council informed of all of the actions resulting from the various committee meetings. II. Review TH149 Bids and Bid Alternate for Fiber Conduit The Finance Committee asked that the Highway 149 bid be discussed before the fiber conduit alternate since the conduit could not proceed without the base project. City Administrator Hedges asked that Director of Public Works Colbert or City Engineer Matthys review the results of the bid opening. Director Colbert reported that the bid news was favorable with the results being $1.7 million less than the most recent estimate and that only $120,000 separated the three lowest bidders. Mr. Matthys explained spread sheets showing the results of the bidding against earlier estimates and the impact on the 5-year CIP projections. The results of continuing discussion with MNDoT were explained and it was noted that MNDoT is agreeable to providing inspection services on the project at no cost to the project. This should generate approximately $450,000 to $500,000 in total savings, although the net savings is probably closer to $300,000 since Bonestroo will need to continue to be involved in certain aspects of the project as they completed the design and know the easements, etc. Historically, the City participation on these types of projects has been in the range of 10 to 20% of the total cost compared to the +35% on this project; however, today the determining factor is more who initiates the project demonstrating the greatest desire to have it completed. In response to a question, it was noted that Inver Grove Heights has not been asked for a position on accepting the bids and what their position is on honoring the agreement in place with that City. Finance Committee members directed that Eagan is not to absorb any costs that are the responsibility of Inver Grove Heights. General consensus was reached that the City has been somewhat effective in getting MNDoT on board and that they would follow through on the revised commitment. Mr. Matthys suggested that a new agreement for the in kind services would be in place before the work begins, but not before the contract is awarded. Per Russ delay of the acceptance of the bids would result in additional costs of approximately $750,000, if the project extends over the winter. He noted that this project should not be susceptible to a large number of change orders due to the tight plans and specs reflected in the limited comments from contractors. Based on the available information, the Finance Committee is recommending to the full City Council that the bid be awarded and that the project proceed at this time. Assuming a contract award on April 5, 2007, construction should start the end of April or the first part of May. The financial impact of this project will be discussed as part of the CIP review scheduled for the May 8 Special City Council Meeting. After additional discussion about the actual bid award and the bidder qualification system, the Finance Committee directed staff to proceed with the independent review and to recommend the award of the bid to the lowest qualified bidder to the full City Council. Regarding the conduit, in response to the overall concern about laying out money without knowing where revenues will be coming from i.e. a complete business plan, Director of Communications Garrison provided background on the option of installing conduit in the Highway 149 corridor while the road is under construction. Given the combination of the desire for bandwidth capacity and speed, fiber will probably be a component of any subsequent business plan, although certain elements may change with new technology. It was the conclusion of the Eagan Technology Working Group that while not every roadway constructed generates an opportunity for a high speed backbone, conduit in the Highway 149 corridor is an important component of any plan. Timing is important since MNDoT says Highway 149 will not be open or torn up again for 40 ? 50 years. The most conservative business plan at this point is to install this strategically located conduit in the City and to sell it to the private sector to recover the base investment. This is the same logic applied when the decision to proceed with installation was made for the entrepreneurial ISD 196 City loop. Development of the business plan will explore other options in addition to this most conservative approach. Director Garrison noted the continuing attempts to have discussions with Quest and Comcast regarding their potential interest in more fiber. After deliberation, the Finance Committee determined that at this point it would be prudent to install the conduit, since there is the opportunity to cost share with the larger project. The rest of the ?whole picture? will come in incremental stages and will allow for the establishment of priorities. The installation is to be funded in the same manner as the 11.5 mile City owned (entrepreneurial) conduit in the ISD 196 loop from the newly created enterprise fund. The new fund will require internal borrowing until such time as it is capitalized through future revenues with the parameters to be determined as part of the business plan to be developed. III. Update on Nicols Ridge Concept Revision Proposal Director of Community Development Hohenstein presented background information regarding inquiries from Lennar (USHomes) about the possibility of requesting modifications to the approved development agreement for construction of housing units in the Cedar Grove Redevelopment TIF District. The Finance Committee is interested primarily in maintaining total unit counts and valuation for the area. Staff was given direction to continue to meet with Lennar officials to solicit more information and to work out potential mutually beneficial solutions. Members reiterated that there is a housing construction correction taking place, but the overall market is not that bad and the City has no obligation to guarantee developer profits. Director Hohenstein noted that the deadline for responses to the Cedar Grove Redevelopment RFP has been extended to April 30, 2007 to allow respondents to take advantage of the information to be provided in the market study that is underway and due to the City on April 10. Agenda Information Memo March 29, 2007 Finance Committee Meeting I.AGENDA ADOPTION a.Review meeting notes from 3/08/07 Finance Committee meeting ACTION TO BE DISCUSSED: No action is needed. The enclosed meeting notes are for the review of the committee. FACTS: ? Per the request of the City Council, meetings notes are being taken at each City Council standing committee meeting in order that the City Council can review staff?s understanding of the discussions and recommendations made at each of the committee meetings. ? The Committee meeting notes will be forwarded the City Council after the committee has had the chance to review the notes. ATTACHMENTS: ? Enclosed on pages ___ through ____ are the meeting notes from the March 8, 2007 Finance Committee meeting. To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: March 23, 2007 Subject: Fiber Conduit Financing You asked that I provide this memo outlining the background on previous City fiber related construction in Eagan and possible funding alternatives, if the fiber conduit alternative is approved with the Highway 149 project bid award. Background City Use In cooperation with ISD 196, a number of other cities, Dakota County, and the State, Eagan participated in the construction costs related to the ISD 196 fiber upgrade project. This project included fiber installation to Fire Stations 3 and 4, City Hall, and will provide for the City?s primary connection to the State through the Western Service Center in Apple Valley. In the primary loop the City uses fiber strands within the ISD 196 conduit. The City has sole ownership of the conduit and fiber specific to its own facilities. The City has paid $169,062.90 from its Cable TV Retained Franchise Fees Fund for this installation. Entrepreneurial In addition, to take advantage of lower construction costs the City Council chose to have empty conduit installed through the same 11.5 mile loop during the same construction activity. That conduit is under the sole ownership of the City and was installed at a City cost of $242,227. Construction costs were paid through a non capitalized enterprise fund which has a 12-31-06 cash deficit of $248,187. The dollars have been borrowed internally and are expected to be recovered in the future through the use/sale/lease of the conduit which at this time remains undefined pending additional study. This study continues as part of the City Council 2007-2008 goal of ?Pursuing world class internet speeds, connectivity, and access to all Eagan residents and businesses by developing a master plan, including finance options and policies, for the installation of high speed fiber optic broadband.? Funding Alternatives-Highway 149 Conduit The installation and funding issues related to this Highway 149 conduit option are consistent with the earlier dilemma faced by the City at the time of the ISD 196 project. The first question being whether or not the risk related to a City investment of $151,000 to maintain future conduit use options in the Highway 149 corridor is reasonable. In general, the City is trying to balance a fixed cost today against an uncertain future benefit. pro Installing the conduit at this time effectively starts the risk clock today. The to that con choice is a lower cost while the is a sunk cost that generates an asset with a wide range of potential future value ranging from enormous to little or at the extreme none. Not installing the conduit at this time effectively delays the risk until a future time. The pro to that approach is today?s cost avoidance and a more precisely defined need/project at some future time. There is also the possibility that the future could con potentially show no need at all, thereby avoiding all of the construction costs. The is the potentially much higher construction cost in the future, although higher costs could potentially be more than off-set by reductions with a more defined project. Unfortunately, I am not aware of a straight forward method to quantify the risk/reward of the choices that would assist in determining the best course of action. The goal related to internet access, speed, etc. results in the City moving into uncharted territory. The Technology Working Group is continuing to help define the options for the course and as their work continues an overall financing plan can be incorporated. Staff is not aware of any other pending City construction projects where this same install conduit / don?t install conduit question will be raised before the more comprehensive policy matters can be decided. If the City Council answers this first question in the affirmative and chooses to proceed with construction at this time, the payment should probably be handled in the same manner as the 11.5 mile City owned (entrepreneurial) conduit in the ISD 196 loop. The payment would be made from the enterprise fund with dollars advanced from the City?s investment pool and interest charged. The challenge with this approach is that obviously the enterprise fund will incur carrying costs and will eventually need to be capitalized. If the enterprise fund does not become self sustaining, a backup plan of charging the Cable TV Franchise Fees Fund could cause a significant drain on its resources and any tax supported capitalization may not look attractive. Please let me know, if you would like to discuss this information or if you would like any additional information. ____________________________ Director of Administrative Services cc: Director of Communications Garrison Chief Financial Officer Pepper To: THOMAS L HEDGES, CITY ADMINISTRATOR From: THOMAS A COLBERT, PUBLIC WORKS DIRECTOR Date: MARCH 23, 2007 Subject: FINANCE COMMITTEE MEETING ? MARCH 27, 2007 On February 20, 2007, at the direction of the City Council, the Finance Committee discussed the local financing obligations of City Project 778 (TH 149 upgrade). The discussion focused on the anticipated significant escalation in local cost participation due to state and federal contribution caps and the related impact on the City?s Major Street Fund (MSF). The total local obligation of ~$16.6 million was based upon a pre-bid construction cost estimate of $11.2 million (base bid). The TH 149 cost estimates presented to the committee on February 20 indicated a resulting MSF deficit of about $2.5 million at the end of the currently approved 5-year CIP (2011). The Finance Committee discussed avoiding such a deficit by the reduction/elimination of projects in the current CIP?s remaining four years (?08-?11) or by finding additional funding for the MSF. The significance of the potential impacts to the currently approved 5-year CIP (as well as other major pending financial obligations) and the challenges of alternative funding options required further analysis based on firm bids for the Committee?s consideration of any final recommendations to the City Council. TH 149 BIDS On March 22, the bids for Project 778 were opened. 16 bids were received from a variety of heavy construction contractors. All but one of the bids were well below the Engineer?s Estimate ($11.2M). Both the number of bidders and the competitive bids submitted indicate a very strong interest in securing this contract early in this construction season, possibly due to limited availability of heavy construction work. The current competitive bidding climate likely offset the effects of the recent industry cost escalations. The apparent low bid is $9,474,728.98. This bid is $1.73 million below the Engineer?s Estimate used in previous financial analyses. The following reflects a revised cost participation summary based on bids received. Finance Committee Memo February 15, 2007 Page 2 Source Feas. Rpt Est. CIP Budget Final Design Est. Bid Federal Funds $5,500,000 $6,094,000 +11% $ 6,094,000 MnDOT Funds $2,140,000 $2,256,000 + 5% $ 2,256,000 Inver Grove Hts. $ 220,500 $ 803,197 +264% $ ~729,095 (+/-) Eagan or ? $3,310,860 $5,230,000 $7,411,168 +124% $ ~5,760,000 (+74%) TOTAL $11,171,360 $16,564,365 + 48% $14,839,095(+33%) IMPACT ON MSF BALANCE While the previously discussed pre-bid estimate was projected to increase the MSF deficit to about $2,500,000 by 2012, the actual bid would reduce that deficit to about $750,000. As previously noted, this projected deficit may substantially increase further as other future programmed projects are re-estimated with the next CIP update due to continued industry cost escalations. Public Works staff is currently working on the 2008-2012 CIP and will have a variety of project reductions and alternative funding options, and their related implications, for the Council?s consideration at a May workshop. Unfortunately, this information will not be available prior to the April 5 TH 149 bid award consideration. FIBER OPTIC CONDUIT ALTERNATE BID In response to the Council?s stated goals, the placement of six conduits for future fiber optics installation was included as an alternate bid as part of the TH 149 bid package. The apparent successful low bidder had a bid of $151,023 for the installation of these conduits along TH 149 from TH 55 to Wescott Road, including the crossing of the CP Rail railroad tracks at Yankee Doodle Road and Wescott Road. The source of funding for the placement of these conduits is unknown to date. The Council?s consideration of contract award for the TH 149 upgrade will also need to consider this alternate bid and the funding source for the conduit placement. While the results of the TH 149 bid opening were positive, the remaining financial burden for the City of Eagan is still overwhelming in relation to our long term local transportation needs. I am always available to help identify feasible options and/or modifications to our future construction program or alternative funding scenarios to provide a balanced and deliverable transportation infrastructure for our community and intend to present such information at the May workshop. c: Gene VanOverbeke, Director of Administrative Services Russ Matthys, City Engineer Tom Pepper, Chief Financial Officer To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: March 2, 2007 Subject: Major Street Infrastructure Funding Options It is my understanding that staff was directed to undertake two activities resulting from the Finance Committee meeting of February 20, 2007. First, a menu of options is to be presented to pay for the significant cost increase ($2.5 more than budgeted in the 2007 CIP) to the City?s obligation for Highway 149. I believe we might have created the misunderstanding that dollars are not available in the Major Street Fund to actually make the payment. The dollars are available and can be used for this obligation. The deficit that is created is in the 5-year CIP currently programmed through 2011. For all practical purposes there is no short-term problem in proceeding with the project and in making the payment from the Major Street Fund. The problem is long-term in getting projected revenues and expenditures into balance within future CIP?s. That will probably require a combination of new revenues and reduced expenditures. The following table illustrates the five year CIP including the additional $2.5 million in Highway 149 costs added in 2007. Major Street Fund 2007 -- 2011 CIP Presentation 20072008200920102011Totals Beginning Cash Balance$ 11,461$ 1,921$ (1,677)$ (2,670)$ (2,846)$ 11,461 Additons: Property Taxes 1,188 1,188 1,188 1,188 1,188 5,940 Municipal State Aid 755 755 755 1,555 1,555 5,375 Total Receipts 1,943 1,943 1,943 2,743 2,743 11,315 Subtractions: Financing Obligations 11,483 5,541 2,936 2,919 2,736 25,615 Total Expenditures 11,483 5,541 2,936 2,919 2,736 25,615 Ending Cash Balance$ 1,921$ (1,677)$ (2,670)$ (2,846)$ (2,839)$ (2,839) Using the increased 2007 costs, adjusting the 2007 tax levy to the actual amount, and including a 5% increase in the tax levy for the years 2008 through 2011 results in the following CIP Presentation: 2007 -- 2011 CIP With 5% Tax Increase and $2.5 Million Additional 2007 Costs 20072008200920102011Totals Beginning Cash Balance$ 11,461$ 1,981$ (1,457)$ (2,262)$ (2,181)$ 11,461 Additons: Property Taxes 1,248 1,310 1,376 1,445 1,517 6,896 Municipal State Aid 755 793 755 1,555 1,555 5,413 Total Receipts 2,003 2,103 2,131 3,000 3,072 12,309 Subtractions: Financing Obligations 11,483 5,541 2,936 2,919 2,736 25,615 Total Expenditures 11,483 5,541 2,936 2,919 2,736 25,615 Ending Cash Balance$ 1,981$ (1,457)$ (2,262)$ (2,181)$ (1,845)$ (1,845) A long-term increase in the ad valorem tax levy beginning in payable 2008 of $1.0 million (also increased 5% per year) with no other changes in the projected expenditures (except the additional $2.5 million in 2007) results in the following 5-year CIP projection. 2007 -- 2011 CIP With 5% Tax Increase and $2.5 Million Additional 2007 Costs With Tax Increase Beginning in Payable 2008 20072008200920102011Totals Beginning Cash Balance$ 11,461$ 1,981$ (457)$ (212)$ 971$ 11,461 Additons: Property Taxes 1,248 1,310 1,376 1,445 1,517 6,896 Tax Increase 1,000 1,050 1,103 1,158 4,310 Municipal State Aid 755 793 755 1,555 1,555 5,413 Total Receipts 2,003 3,103 3,181 4,102 4,230 16,619 Subtractions: Financing Obligations 11,483 5,541 2,936 2,919 2,736 25,615 Total Expenditures 11,483 5,541 2,936 2,919 2,736 25,615 Ending Cash Balance$ 1,981$ (457)$ (212)$ 971$ 2,465$ 2,465 The following table which is a summary of the currently approved 5-year CIP illustrates the impact of State and County projects on City resources. See particularly the ?Summary by Primary Jurisdiction? section of the table. 2007 -- 2011 CIP By Street Type Total Project Costs 20072008200920102011Totals Arterial & Collector State 4,928,400 1,450,500 6,378,900 County 470,000 1,900,000 1,200,000 3,570,000 City 750,000 805,000 1,555,000 Total 5,398,400 3,350,500 750,000 805,000 1,200,000 11,503,900 Local Streets City 1,505,500 2,636,700 2,691,000 2,321,000 1,945,000 11,099,200 Trails City 331,155 156,870 138,500 41,500 234,000 902,025 Sealcoating City 366,589 314,808 203,873 174,736 180,632 1,240,638 Intersection Improvements State 150,000 650,000 800,000 County 1,125,000 125,000 500,000 1,750,000 City 800,000 800,000 Total 1,925,000 275,000 650,000 500,000 - 3,350,000 Summary By Primary Jurisdiction State 4,928,400 1,600,500 650,000 - - 7,178,900 County 1,595,000 2,025,000 - 500,000 1,200,000 5,320,000 City 3,003,244 3,108,378 3,783,373 3,342,236 2,359,632 15,596,863 Total 9,526,644 6,733,878 4,433,373 3,842,236 3,559,632 28,095,763 Major Street Fund Share Arterial & Collector 5,363,400 3,098,500 490,000 665,000 1,000,000 10,616,900 Local Streets 1,007,000 1,695,460 1,454,000 1,538,000 1,321,000 7,015,460 Trails 321,155 156,870 138,500 41,500 234,000 892,025 Sealcoating 366,589 314,808 203,873 174,736 180,632 1,240,638 Intersection Improvements 1,925,000 275,000 650,000 500,000 - 3,350,000 Total Major Street Fund 8,983,144 5,540,638 2,936,373 2,919,236 2,735,632 23,115,023 The table demonstrates $7,178,900 of City Cost related to State Highways before the additional $2,500,000 is included bringing the new total to $9,678,900. Any long-term solution will probably require a review of the City?s commitment to cost sharing on State and/or County projects; with review of the impact related to timing at a minimum. If delaying and/or reducing City obligations to State and/or County projects are options, the tax increase programmed above is probably the only required City action at this time. In the event the City desires to proceed with State and/or County projects on the schedule of the existing CIP and TINA study other revenue sources will be required. The twenty year shortfall noted in the TINA report is $35 to $50 million or $1.75 to $2.5 million per year. After the $1 million increase noted above the shortfall remains at $.75 to $1.5 million per year in that time frame. Doubling the tax increase to $2 million per year would for all practical purposes eliminate the projected deficits. However, additional cost increases to projects included in this and future CIP?s would also increase the problem of balancing the CIP?s on an on-going basis. The following chart demonstrates the impact of adding a $1 million additional levy to property taxes on the 2007 payable average market value house in Eagan. Tax Impact Per $1,000,000 Levy Increase Total MSFundCity MSFundTaxTaxEstimated Taxes Payable CapacityCapacity$278,021 House Value LevyRateRateAmountIncrease 2007 Actual 1,247,812 0.015330.25239 42.62 $1,000,000 Increase 1,000,000 0.012290.26468 34.17 Total 2,247,812 0.02762 76.7934.17 Attached to this memo is a matrix outlining potential methods of increasing revenues for the Major Street Fund including both short-term cash infusions and long-term changes in the revenue stream. The matrix is broken down to differentiate between potential revenues that are primarily controlled by the City and those that would require or result from some State action. The estimated fund balances noted on the matrix are very preliminary and additional work is necessary to both confirm the dollar amounts and to review other commitments already in place or contemplated in the future. For example, some of the General Fund balance is in place for working capital, but not officially designated as such within the statements. Payment for the newly approved replacement ladder apparatus for the Fire Department will also require dollars from one or more of these sources. The matrix does not include bonding options or any other methods to advance funding, since they only change the timing and there is no increase in overall resources available in total. Further, the matrix does not account for other potential City projects/initiatives noted in the recently approved City goals that may compete for funding from the same revenue sources, both long-term and short-term. Since little definitive work has been completed on these potential projects/initiatives, I am not including any estimated cost numbers. The preliminary list is as follows: 1. Open space acquisition 2. Fire stations 3. Fiber project 4. Cedar Grove Redevelopment 5. Retiree health insurance 6. Other public utilities infrastructure The second activity regarding the development of a policy that addresses long- term needs and provides the same long-term financial stability that the City has experienced historically will continue and become formalized upon direction resulting from this meeting. Please let me know, if you would like any additional information or if you would like to discuss any of this material. _______________________________________ Director of Administrative Services VanOverbeke cc: Director of Public Works Colbert Chief Financial Officer Pepper City Engineer Matthys Transportation Engineer Plath