10/28/2003 - City Council Special~`~"
AGENDA
SPECIAL CITY COUNCIL MEETING
TUESDAY
OCTOBER 28, 2003
5:30 P.M.
COMMUNITY ROOM
EAGAN CITY HALL
I. ROLL CALL AND AGENDA ADOPTION
II. VISITORS TO BE HEARD
~~•~ III. METROPOLITAN COUNCIL CHAIRPERSON
PETER BELL RE: LIVABLE COMMUNITIES
ACT
,~o`~~'` IV. CONSIDERATION OF AN ORDINANCE
AMENDMENT TO ALLOW BI-WEEKLY
RECYCLING
~nJ~ V. REVIEW PROPOSED 2004 EAGAN
CONVENTION AND VISITORS BUREAU
BUDGET
7:00 p.m. VI. JOINT MEETING WITH
~• t~\ BURNSVILLE/EAGAN
TELECOMMUNICATIONS COMMISSION
~•~~ VII. ECONOMIC DEVELOPMENT AUTHORITY
MEETING
~5~ VIII. OTHER BUSINESS
A. AMENDMENT OF PURCHASE TERMS
WITH THE DEVELOPMENT CONTRACT
- KEYSTONE SENIOR HOUSING
PROJECT PROPERTIES
XI. ADJOURNMENT
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s ~~~~~; ~ r~ MEMO
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city of eagan
TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 24, 2003
SUBJECT: SPECIAL CITY COUNCIL MEETING /OCTOBER 28, 2003
A Special City Council meeting is scheduled for 5:30 p.m. on Tuesday, October 28, in the
Community Room of the Eagan Municipal Center to hear comments by Peter Bell, Chairperson
for the Metropolitan Council Livable Communities program, consider a request from a local
hauler to amend a City ordinance to allow for bi-weekly recycling, review the proposed 2004
ECVB Budget and to meet jointly with the Burnsville/Eagan Teleconununications Commission.
There will be a sandwich available in the lunchroom prior to the meeting.
/sl Thomas L. Hedges
City Administrator
III. METROPOLITAN COUNCIL CHAIRPERSON PETER BELL RE: LIVABLE
COMMUNITIES ACT
Recently Mayor Geagan met with Peter Bell, Chairperson for the Metropolitan Council, to learn
about the Livable Communities Program, in which the City of Eagan currently is not a
participant. Mayor Geagan invited Mr. Bell the October 28 workshop and for a copy of the
correspondence from Mr. Bell to Mayor Geagan, refer to page,.
In preparation for the workshop, the City Administrator, Director of Community Development
and City Planner met with staff who administer the LCA Program to gather information to be
shared with the City Council in advance of Mr. Bell's presentation. At that meeting, it was
clarified by the Metropolitan Council staff that the housing goals included in the City's current
comprehensive guide plan conform to the program's expectations and would not require
amendment. A copy of section of the City's currently adopted Comprehensive Guide Plan that
relates to the housing goals is enclosed on pages ~ through ,~. Further the required
financial commitment under the Affordable and Life-Cycle Housing Opportunities Amount
(ALHOA) is exceeded by the Dakota County Community Development Agency levy that is aid
by Eagan taxpayers. A copy of the most recent ALHOA notification is enclosed on pages
through ~. The 2003 amount noted in the letter is substantially exceeded by the CDA levy in
Eagan. erefore, there would be no conditions or modifications necessary for the City's
participation in the program, other than a policy decision as to whether such participation makes
sense for the community at this time.
A copy of the information shared at the staff meeting is enclosed on pages ~ through. It
covers the LCA program itself, the programs under the LCA umbrella for which cities that
participate in the LCA program are eligible and a list of LCA projects that have been assisted by
those programs in Dakota County cities. Also enclosed without page number is a copy of the
2003 Metropolitan Livable Communities Fund 2003 Report to the Legislature regarding the
program activities in the entire region.
If the City Council determines to reenter the program at this time, action would need to occur
prior to November 15 to be eligible for funding in 2004. If the Council chooses to participate at
this time and later determines that the program or changes in it are contrary to the City's
interests, the City may withdraw from the program at a later date by taking an action to withdraw
and informing the Met Council of that decision.
In addition to Mr. Bell, Metropolitan Council representative Tom Egan of District 15, which
represents Eagan, Executive Director of the Metropolitan Council Tom Weaver and Met Council
staff have also been invited to the meeting to observe or participate with any questions the City
Council may have.
DIRECTION TO BE CONSIDERED:
To provide the City Administrator direction as to: 1) whether additional information is requested
on the Livable Communities Program and 2) whether the item should be scheduled for further
discussion at the November 12 workshop or scheduled for consideration at a regular City Council
meeting on November 6.
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Metropolitan Council
Building communities that work
SEP 2 ~ 2003
September 26, 2003
Pat Geagan, Mayor
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Mayor Geagan:
I am writing to follow up on our recent discussion regarding Eagan's participation in our
Livable Communities Grant Program. As you are aware, I plan to lead the Council in a
new direction. We plan to adhere closer to our legislative mandate to ensure the efficient
use of our regional infrastructure services. While the Metropolitan Council will still
fulfill our statutory responsibility of identifying the amount of affordable housing needed
in our region, we will not be determining quota-like goals for municipalities. Finally, we
hope to bring a more cooperative attitude to working with local officials in addressing
regional issues and concerns.
If I can be of any further assistance as you consider this question, please advise me.
Sincerel
Peter Bell
Chair
www.metrocouncff.org ~ Metro Info Line 602-1888
230 East Fifth Street St. Paul, Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 TIY 291-0904
An Fqual Oppor6lnfty Empinyer
02/22/01
investigate partnerships with Dakota County and private sector developers to create
additional housing with a range of affordability. The City can also focus efforts on
retaining existing affordable housing units through incentives and targeted revitalization
efforts. Another option is for the City to participate in renovation of existing housing in
dispersed locations across the community ("scattered site" basis) and attempt to price the
renovated units so they are affordable to low and moderate incomes. This generally means
acquisition and renovation ofsub-standard housing by the City or County HRA and resale
or rental of the renovated dwellings.
METROPOLITAN COUNCIL LIVABLE COMMUNITIES GOALS
The City of Eagan is not currently a participant in the Livable Communities program, but
supports the basic goals and intent of livable communities. The City meets or exceeds all
the Livable Community benchmarks except for the percentage of affordable housing. As
stated above this is largely due to the current housing market and diminishing incentives
(e.g. subsidies) to produce below market-rate housing. While the City has control over
land use and zoning, there is no guarantee that guiding or zoning land to allow higher
densities will affect affordability. Table 9.6 compares the Metropolitan Council
benchmarks with City indices.
Table 9.6: Metropolitan Council Livable Community Goals and Cit}• Index
Housing Issue R4et Council Benchmark
1995 1998 City Index 1995 City Index
Non-single family detached
housin * 35-38% 47% 46%
Owner/Renter Mix 72-75% own/25-28% rent 74% own26% rent 69% own/31 % rent
Affordable Ownershi 69-70% 38% (under $128,000) 62% (under $115,000)
Affordable Rental 35-40% 25% (tax credit rent) 22% (under $500lmo.)
Sin le-famil Densi 1.9 dwellin units/acre 2.3 du/ac 1.8 dwellin units/acre
Multi-famil Densit 10 dwellin units/acre 9.5 du/ac 9 dwellin units/acre
Source: Metropolitan Council and Cin• of Eagan
* includes duplexes, townhouses, apartments, condominiums etc.
HOUSING CONDITIONS, PRESERVATION, AND MAINTENANCE
Eagan's housing stock is relatively new and generally is in excellent condition. The
majority of the housing in Eagan was built after l 973. Prior to 1973, only a few pockets in
the western and northern parts of the City were developed for housing.
-, Housing Conditions Survey
A housing conditions survey was conducted in summer/fall 1997. This consisted of a
"windshield survey" of all housing units. As such, it reflects exterior home conditions and
did not include any evaluation of interior conditions. The survey is useful as an indicator
of general housing conditions and exterior maintenance needs. Experience shows that
housing with exterior maintenance needs can have a negative effect on neighborhood
quality and values. The survey only evaluated housing built before 1986. It was presumed
that newer homes would not have any significant maintenance issues. The survey ranked
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the general condition of several elements (e.g. roof, siding, trim, driveway) to determine an
overall maintenance status ranking. In general, homes with few or none of the elements in
need of maintenance were ranked high, while homes with several of the elements needing
maintenance were ranked below average or poor condition. Table 9.7 summarizes the
results of the housing conditions survey.
Table 9.7: Housing Conditions and Maintenance Survey (Pre-1986 Housing)
Housin Condition Condition Count % of Sun~eved
Excellent 887 10.7%
Good 5,189 62.4%
Avera e 1,955 23.5%
Below Avera e 271 3.3%
Poor 8 0.1
Total 8,310 100.0%
Source: Cin• of Eagan, 1997
The survey found that only 3.4% (279) of the pre-1986 housing was in below average to
poor condition. There were no significant concentrations of homes in below average to
poor condition that would suggest the need for area-wide redevelopment. However, there
were some older neighborhoods that experienced a larger proportion of homes with
maintenance issues. This suggests that a "scattered site" approach may be the most effect
means to improve housing conditions. This can be accomplished with a variety of tools
including: adoption and enforcement of housing maintenance standards, home repair
incentive programs, low interest rehabilitation loans, housing maintenance education and
design programs, acquisition/renovation/resale programs and acquisition/demolition/build
new programs.
HOUSING DEMAND AND FORECASTS
Due to the limited supply of vacant residential land, Eagan's housing growth will slow
down considerably from the housing boom of the 1980's and 1990's. New housing growth
is forecast to increase less than l % per year between 2000 and 2010. On average, that
represents approximately 150 new dwelling units per year. From 1970 to 1998 an average
of 770 new dwellings were built per year and housing growth averaged 5-10% per year
(see Figure 9.2). Approximately 150 to 200 acres of vacant residential land was developed
per year in the 1980's and 1990's.
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Metropolitan Council
Building communities that work
DATE: October 17, 2003
®C ~ 2 4 2003
TO: City Managers, Administrators, and Township Clerks
~~
FROM: Elizabeth Ryan, Director of Housing and Livable Communities
SUBJECT: Certification of 2002 and 2003 ALHOA (Expenditures in 2003 and 2004)
The Metropolitan Livable Communities Act (LCA) requires the Metropolitan Council to provide to every
local government in the seven-county metropolitan-area an Affordable and Life-Cycle Housing
Opportunities Amount (ALHOA), whether or not they participate in LCA's Local Housing Incentives
program.
The ALHUA is the minimum amount of local discretionary expenditures to assist the development or
preservation of affordable and life-cycle housing required of each community participating in the LCA.
The ALHOA is not a grant from the LCA. The ALHOA is derived from the formula prescribed in the
law that includes market value, tax capacity and tax rates provided by the county assessor. In order to
continue to participate in the program, communities must expend at least 85 percent of their ALHOA
obligation for that year or distribute this amount to the LCA Local Housing Incentives Account or ±o
their city or county HRA, or unfortunately, withdraw from LCA participation.
Communities have some flexibility in determining which local expenditures fulfill their ALHOA
contribution. Examples include housing assistance, development or rehabilitation programs, and local
housing inspection and code enforcement, or local taxes to support a local or county HRA.
Enclosed are the ALHOA numbers for your community for expenditure in 2003 and 2004. You may
notice that the amount is higher, and in some cases, considerably higher for these years than it has been
in the past. This is the result of both the property tax law revisions passed in 2000 and the very
significant rise in the market value of new homes built over the past few years.
These increasing ALHOAs may have a deleterious affect on the capacity of some communities to
continue to participate in the LCA as the amount for some communities appears to be growing beyond
their ability to certify to such a level of expenditures or contributions to advance~ffordable and life-cycle
housing.
To this end, the Metropolitan Council and the Association of Metropolitan Municipalities (AMM) will
be collaborating to analyze the ALHOA requirement and determine how it should be revised, or
eliminated, in order to achieve more equitable results.
If you have any questions about your ALHOA for~2002 (to be spent in 2003) or 2003 (to be spent in
2004) please call Guy Peterson of my staff at 651-602-1418.
Thank you for your consideration of this issue.
V:WBRARViCOMM[)NDVUtyen120031101707 a~wwnoopait.doe
wwcv.metrocouncil. org
Metro Info Line 602-1888
230 East Fifth Street St. Paul, Minnesota 55101-1626 (651) 602-1000 • Fax 602-1550 TTY 291-0904
An Equal Opportunity Employer
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Livable Communities Act
Fact Sheet
Program Overview
In 1995, the Minnesota Legislature adopted the Livable
Communities Act (LCA) [Minnesota Statutes Section
473.2SJ. The Act represents the Legislature's preference
for a voluntary, incentive-based approach to help
communities grow and succeed and address the
metropolitan region's affordable and lifecycle housing
issues. At its heart, the LCA is an investment in the
health and vitality of the region. The LCA created a fund
for communities to invest in local economic revitalization
and affordable housing initiatives. The fund has three
accounts:
• Local Housing Incentives Account to provide
housing that is affordable to people with low or
moderate incomes.
• Tax Base Revitalization Account dedicated to the
clean up and redevelopment of polluted land.
•: Livable Communities Demonstration Account aimed
at revitalizing communities and promoting efficient
development.
Aground-breaking program at its inception, there were
initial questions as to whether or not the LCA's voluntary
programs, which require commitments to enable
affordable housing, would elicit much interest. Those
doubts faded quickly as most area communities initiated
participation and requests for funding increased each year
as communities throughout the region witnessed the
resulting benefits, such as:
:• more choices for affordable and lifecycle housing,
• more efficient, connected use of urban land and
services,
• restored natural resources and new community
amenities,
improved transportation options,
:• thriving, new neighborhoods,
• development plans involving billions of dollars in
private investment.
To compete for LCA funding, communities must
negotiate long-term affordable and lifecycle housing goals
with the Council, and develop an action plan to
accomplish those goals. Participating communities (there
are currently 106) are then eligible to compete for funding
from all three LCA accounts.
The LCA's emphasis is on cooperation and incentives to
achieve regional and local goals. Local communities are
well positioned to make decisions about how their cities
and towns will grow and develop, but the law recognizes
it will take partnerships and shared resources to move
from community plans to "on the ground" results.
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• new jobs and increased local tax base,
Metropolitan Council
A Community Investment
Providing affordable and lifecycle housing is an economic
investment we make in communities and their residents.
It is a commitment to young families, single people and
older residents that they can afford a home in the
community of their choice. It offers choices for families
living on moderate incomes and single people pursuing
independence. Residents young and old will have better
prospects for remaining in their community and finding
housing that fits their needs throughout their lives.
Widely available affordable housing gives people who
commute to work in growing suburbs the opportunity to
own or rent housing near their jobs. It provides
unemployed and underemployed people better access to
jobs that pay livable wages. It supports a workforce
needed by employers to grow and strengthen their
businesses throughout the region.
Closing the gap between where the jobs are and where the
people live will contribute to continued economic
prosperity and community stability in the Twin Cities
area.
Toward More Housing Choices
The Local Housing Incentives Account helps participating
communities striving to create affordable and lifecycle
housing opportunities. This account makes
approximately $1.5 million a year available to assist the
development or preservation of affordable housing.
Communities that receive funding from this account must
match these grant dollars.
The Council allocates funds from this account through the
Metropolitan Housing Implementation Group (MHIG), an
unprecedented partnership of major housing resource
providers, including the Minnesota Housing Finance
Agency, the Family Housing Fund and the Metropolitan
Council. MHIG provides applicants with "one stop"
access to a combined pool of housing development and
preservation dollars.
Cleaning Up & Redeveloping Brownfields
The Tax Base Revitalization Account (TBRA) provides
grants to communities to help clean up polluted land and
facilitate growth in tax base. Brownfields have been
identified as a major obstacle to economic vitality in the
Twin Cities area, especially in older parts of the region.
Using criteria established by the legislation, the primary
objective is to provide economic redevelopment and job
growth opportunities in urban areas blighted by
contamination.
Dollars available through this account total approximately
$5 million per year. The Council partners with the
Department of Trade and Economic Development
(DYED) and the Minnesota Pollution Control Agency
(MPCA) to award grants from this fund. The Council and
DYED use the same application cycle deadlines, hold
joint application workshops, and work together to rank
programs. MPCA staff reviews applications to make
certain cleanup and remediation activities proposed for
funding are appropriate and cost-effective.
Supporting Livable Communities
The Livable Communities Demonstration Account
provides grants to communities to encourage land-
efficient, connected development patterns and
reinvestment initiatives. The account is a resource for
metro-area communities that want to offer a mix of well-
designed and linked uses that create community identity,
a range of housing types and costs to ensure housing
that's affordable, and choices for travel close to jobs,
services and amenities.
The Council works with an advisory committee that
considers market demand and community needs as it
recommends development projects for funding based on
criteria established by the Council.
Two types of grants are available: development grants to
fund construction costs for projects ready to be built; and
opportunity grants to fund projects in the predevelopment
phase that show the potential to become demonstration
projects.
Metropolitan Council
Mears Park Centre • 230 East Fikh Sired • St Paul, MN 55101-1626 • (651) 602-1000 • Faz 602-1550 • TI'Y 291-0904
Metro Info Line 602-1888 • ~lntn. rente~metcsrcue.mn. us • www.metrorouncil.org
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April 17, 2003
Local Housing Incentive Account
Fact Sheet
Purpose:
The Local Housing Incentive Account (LHIA) helps
expand lifecycle and affordable rental and ownership '
housing development and preservation in the region. ~
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Grants awarded from this account must be matched on a
1:1 ratio by the recipient, and may be used for costs i
associated with projects that help municipalities meet
their negotiated LCA housing goals.
The Metropolitan Council awards LHIA funds through
the Metropolitan Housing Implementation Group (MHIG)
process, established to coordinate and streamline the
system of delivering housing resources in the
metropolitan area. MHIG represents an unprecedented
effort to bring together major housing resource providers
to collaboratively develop a process and tools to provide
easy access to, and disbursement of, a combined pool of
housing development dollars. A Super Request for
Proposals (RFP), administered by the Minnesota Housing
Finance Agency (MHFA), includes descriptions and
requirements of all funding sources available during a
funding cycle, including the LHIA program. The Super
RFP is made available to all parties interested in the
production of affordable housing. Applicants complete
one application, as a part of the Super RFP process, to
access any of the funds available during that funding
cycle. Following an in-depth fmancial analysis by MHFA
staff, a selection committee reviews each proposal,
considering the joint selection criteria, individual fender's
criteria, as well as any fender's past experience with the
applicant, previous funding allocations, familiarity with
the project or expertise related to any aspect of the
proposal. Funds are then allocated to proposals based on
the outcome of that review and the best match of proposal
to funding source. Funding recommendations are brought
to each of the appropriate policy-making boards for final
approval.
Results 1996-December 2002:
• The Council has awarded $9.9 million.
• 62 grants to 44 communities, including some that are
in multi-city coalitions. These grants are expected to:
• Include $244 million in total development
investments.
• Develop 1,316 new rental units.
• Rehabilitate of 539 affordable rental units.
• Develop over 352 new affordable ownership
units.
• Rehabilitate of 199-217 affordable ownership
units.
• Provide home improvement loans to 1,100+
homeowners.
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Project Examples
Chasewood Family Townhomes, Apple Valley
incomes at or below 50 percent of median income. The
$3.2 million complex is compatible with surrounding
development, offers transit access and is convenient to
retail and entertainment businesses. Apple Valley
received a LHIA grant award of $180,000 from the
Council to assist the Dakota County Community
Development Agency with this project in 1998.
Development subsidies were also contributed by the
Minnesota Housing Finance Agency, the Family Housing
Fund, and HUD to help the Dakota County CDA develop
Bass Lake Townhomes, New Hope
part with $200,000 from the LHIA in 1998 to rehabilitate
seven former four-plexes into 14 duplex apartments and
construct 20 townhomes. All the units have attached
garages. Seven are affordable to families at 50 percent of
median income, 15 to families at 43 percent of median
/~ Metropolitan Council
']~ Mears Park Centrc • 230 East Fifth Street • st Paul, MN 55101-1626 • (651) 602-1000 • Fax 602-1550. 77Y 291-0904 April 17, 2003
Metro Info Line 602-1886 • dntn centerrrcmetusrrrtc.mn.us • www.metrocowicil.org
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Bass Lake Townhomes is a $5 million project funded in
A 27-unit rental development serving large families with
income and 12 are federal low rent housing units.
this badly needed affordable family housing.
Tax Base Revitalization Account
Fact Sheet
Purpose:
The Tax Base Revitalization Account (TBRA) helps cities
clean up contaminated urban land for subsequent
commercial and industrial development, thus restoring tax
base and jobs near existing housing and services. The
TBRA program demonstrates cooperative relationships
among the Metropolitan Council, the Department of
Trade and Economic Development (DYED) and the
Minnesota Pollution Control Agency (MPCA). Council
and DYED staff use the same application cycle deadlines,
hold joint application workshops and work to rank the
applications according to the Council's criteria. The
Livable Communities Act authorizes TBRA funds as part
of local match requirements for DTED's Contaminated
Site Cleanup Program, and projects eligible for both
programs are jointly funded. Both the TBRA and DYED
programs require "response action plans" from the MPCA
for all applicable projects. MPCA staff review the
applications to verify that proposed activities will cost-
effectively implement an appropriate response action plan
submitted by the applicant. Additionally, MPCA staff
members participate in workshops offering technical
assistance to applicants.
Results 1996-December 2002:
• Awarded $41.9 million in TBRA grants.
• Provided 119 grants in 25 communities expected to:
• Leverage $1.5 billion in private investment.
• Increase net tax capacity by $28.2 million in.
• Create 11,400 new and retained jobs at an
average hourly wage of $13.50.
• Redevelop 940 acres of brownfields.
A research study completed in 2002 tracked employment
and land value changes within a quarter mile of 24
brownfield sites cleaned since 1997. Brownfield sites
tend to be located in the most deteriorated neighborhoods
in the region. Two-thirds of the parcels within a quarter
mile of previous brownfield sites increased in value over
the next four years following remediation, and the number
of employers, employees and total wages in the ZIP codes
of the sites increased as well. These improvements
interrupted the economic decline of neighborhoods in
which contaminated sites were located.
A~etrogolitsn Council
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Project Examples
France Avenue Business Park, Brooklyn Center
corresponding redevelopment parcels. The former Joslyn
wood-pole treatment operation contaminated the site.
Joslyn and its insurers performed a $17 million cleanup
through the Superfund process to prevent migration of the
contamination from the site. Fenced for 18 years,
perpetual vacancy was anticipated until Real Estate
for the additional cleanup necessary to reuse the site.
Three Council grants totaling $708,967 matched
corresponding Minnesota Department of Trade and
Economic Development funding of $3,903,786. Cleanup
commenced on the western portion of the site that
culminated in the development of a Wickes furniture
distribution center. Then the eastern middle portion was
cleaned and a light industrial complex was constructed for
Toro as the major tenant. The southeastern portion,
including land extending beyond the Joslyn site, was
cleaned last. A third industrial building of 90,000 square
feet is under development now on the new parcel along
Highway 100.
Williams Hill, St. Paul
between the cleanup and its subsequent redevelopment.
Soil contamination and huge piles of earth blighted the
east side of the I-35E northern Gateway to St. Paul for
decades. Cleanup with several TBRA awards to the St.
Paul Port Authority totaling $1,291,651 encouraged this
attractive industrial park with five new businesses. The
Minnesota Department of Trade and Economic
Development awarded an additional $771,500.
~.~.~1 Metropolitan Council ~f
"]~ Mews Park Crntre • 230 East Fiflh Street • St Paul, MN 55101-1626 • (651) 602-1000 • Fax 602-1550 • TfY 291-0904 April 17, 6003
Metro Info Line 602-1888 • dnlrt.CeNe ii' eics~nte.mn. us • wwv.memocomrcil.org ~~
This was a three-phase cleanup associated with
Williams Hill underwent an amazing transformation
Recycling and Brooklyn Center sought grant assistance
Livable Communities Demonstration Account
Fact Sheet
Purpose:
The Livable Communities Demonstration Account
(LCDA) funds development and redevelopment projects
that achieve connected development patterns linking
housing, jobs and services; and maximize the
development potential of existing infrastructure and
regional facilities. Funding has been a catalyst that has
enabled cities and developers to expand options available
in the market, like transforming an outmoded shopping
center into a facility with new housing opportunities,
neighborhood retail and commercial services, and public
spaces. Funded projects include a variety of small-scale
and large-scale developments throughout the region,
serving as destinations for daily activities, such as work,
errands, shopping and entertainment. Applications for
LCDA funding are reviewed by the 17-member Livable
Communities Advisory Committee, which makes funding
recommendations to the Metropolitan Council.
Committee expertise in local and county government,
development and redevelopment, finance, urban planning
and design, and transportation ensures that projects are
evaluated in the context of both market demand and
community need.
Results 1996-December 2002:
• The Council has awarded $42 million in grants.
• 92 grants to 36 communities and three multi-city
coalitions expected to:
• Leverage over $994 million in private
development.
• Leverage over $396 million in public
investment.
• Help create 6,860 new and 400 rehabilitated
housing units, including single-family houses,
townhouses, condominiums, rental apartments
for families and seniors, and live-work housing.
Over 90 percent of the LCDA grant dollars have gone to
projects that are being readied for construction. Funds
have been awarded for property acquisition in areas to be
redeveloped, new street infrastructure construction,
pedestrian connections, structured parking, reclaimed and
newly created green spaces and other uses. The
remaining funds, in smaller "opportunity grants" ranging
from $10,000 to $150,000 with a l:l local match, have
gone to cities to help shape projects that are in the
predevelopment phase and show the potential to become
demonstration projects.
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Project Examples
Wacouta Commons, St. Paul
Funded in part with an LCDA grant of $960,000 in 1999,
Wacouta Commons' first phase of condominiums and
apartments was ready for occupancy in 2002. The project
creates a residential neighborhood on the sites of former
The new ownership and rental housing, with its broad
range of affordability levels, complements the
preservation of two churches and the rehabilitation of
existing businesses. The 1999 grant funded
improvements to Sibley St. and 7`~ St., and helped to clear
and seed the central green park area. Subsequent LCDA
funding of $650,00 in 2001 supports the fmal park design
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and construction. The variety of facades gives a classic
feel to the development. Livable Communities
Brickyard Redevelopment, Chaska
The Brickyard Redevelopment involves creating new
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residential and retail space by intensifying the current
land use. The project is on the north edge of downtown.
The project has four phases: 1) A 64-unit apartment
building and 30 townhomes, 2) Public improvements and
infrastructure, 3) A mixed-use building with aparhnents
over commercial space, and 4) Remodeling of existing
businesses with complementary facade improvements. In
1997, Chaska was awarded an LCDA grant of $344,100
on phase 2 for landscaping, streetscape improvements and
Clayhole Lake enhancements. The commercial ground
floor uses include the County HRA office. An LCA
Inclusionary Housing Account grant of $450,000 helped
finance the construction of the residential component of
Inclusionary Housing Account grants awarded in 2000
help make approximately 37 of the townhouses and 48 of
114 apartments affordable.
this mixed-use development. The Council also provided
TBRA funding to clean a polluted site within the project
area that has been redeveloped as a Walgreen Drug Store.
Metropolitan Council ~7
Mears Park Centre • 230 Eazt Fifth Street • St Paul, MN 55101-1626 • (651) 602-1000 • Fax 602-1550 • TTY 291-0904 Aprll 1 / ° 2003
Metro Info Line 602-1888 • datn.center~metesra[c. nar.~cs • www.metrocouncil.org
surface parking lots in the northern edge of downtown.
10/23/2003 11:12 FAX 6516021442 MET. COUNCIL
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Multi-community collaborations
I-35W Corridor Coalitlon Multi-City Implementation Plan -New Brighton,
designated city to administer funds on behalf of Arden Hills, Blaine, Circle Pines,
Mounds View, New Brighton, Roseville, and Shoreview
Grant Award: $131,250 in December 1997
Support cooperative joint efforts of the participating communities to address land use,
transportation and transit issues; and plan for longer-range economic and community
development. The final product wilt be an implementation plan which includes a livable
community development fi-amework and principles, guidance, implementation strategies,
funding and staging of thoroughfaze improvements, land use controls, and traffic management
techniques.
1-35W Corridor Coalition Build Out Study -Blaine, designated city to administer
funds on behalf of Arden Hills, Blaine, Circle Pines, Mounds View, New Brighton,
Roseville and Shoreview
Grant Award: $700,000 in December 1999
Conduct a 5350,000 build-out study and a 5350,000 transit study for the I-35W corridor,
through the Coalition's coordinating group, with consultant assistance; enhance and expand
data sets; add new GIS data sets; research and develop subregiotutl planning models; develop
a preferred development option and recommended transit corridor options; and research and
craft implementation strategies. Council staff will participate in the study to ensure
compatibility with regional plans and goals.
DEVELOPMENT GRANTS
Brooklyn Park -Shingle Creek Corridor Improvements (a.k.a. The Village}
Grant award: 51,000,000 in December 2000
Grant award: $500,000 in December 2001
The city will remove the adjacent, obsolete Village North Shopping Center and surrounding
buildings to prepare for redevelopment of the area as The Village. Vacant parcels will provide
focus for new retail development. Office development will be concentrated at the key
\ intersection of Zane Avenue and Brooklyn Boulevard. Civic uses will be introduced along
/) Zane Avenue and Brooklyn Boulevard. Medium-density owner-occupied housing and high-
density senior housing will be added.. The 2000 grant funding award is far urban and wetland
ponding to develop Shingle Creek Park, restoring Shingle Creek to create a central park
amenity, spur other development and ensure long-term livability and stability of surrounding
neighborhoods. The now-hidden creek wilt be connected visually and physically to adjacent
areas and will offer a variety of recreational opportunities. Improvements to the creek will
assist in managing water quality in the area. The 2001 grant funding is awarded for
improvements to Zane Avenue.
Burnsville - Heart of the City Phase I and Heart of the City Phase 11
Grant Award: $1,612,317 in December 1999
Grant Award: $2,500,000 in December 2000
Redevelop slow-density, 19ti0s-era site of 40-acres into a compact town center development
pattern with mixed uses in a walkable environment. Three-story mixed-use buildings will
C-9
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10/22/2003 14:09 FAX 6516021442 MET. COUNCIL
Hopkins-Marketplace
Grant Award: $250,000
11
LOifts
in November 2002
This project will result in the construction of a four-story, mixed-use building with retail and
for-sale housing, the largest vertically integrated project of this type outside of the central
cities. Goal is to anchor the east end of Mainstreet and provide a~catalyst for additional
investment. The HRA will invest approximately S 1.4 million in this project. This project wi
greatly diversify the housing options within the downtown, attracting residents who want the
convenience and style of urban living. The architecture of the buiidiag will complement the
existing pattern and style of Hopkins' historic Mainstreet
Lino Lakes -The Viitage li
Grant Award $450,000 in December 2000
Construct 210 rectal apartments, 90 for-sale single-level and 2-story townhouses and 13 2 '/:
story townhomes (some live-work) built into blocks, rather than the standard suburban
isolated buildings. Twenty percent of the housing--~2 of the 210 apartments and 18 of the 90
ownership townltousesr-will be affordable at 50 percent and 80 percent of median,
respectively. Design standards for housing, prepared by Calthorpe Associates (through a
1997 LCDA grant) represent a model for developing suburban housing. Remainder of the 50-
acre Village will include senior housing, retail, civic uses and public spaces. Fttnding will
support land assembly for apartments.
Mendota Heights-Mendota Heights Town Center
Grant Award: $873,400 in November 2002
Town Center is a Waxed trse development that includes: a new commercial main street lined
with two-story, mixed-use buildings around a town square gathering place; three lifecycle
neighborhoods with 75 for sale condominiums and 60 senior apartments linked to existing
neighborhoods with trails, green spaces and pedestrian friendly streets. Elements will include
a village green, trail linkages to new and existing trails, interpretive markers uncovering the
history of the site, native landscaping, wetlands, and a rain garden. Pedestrian-focused
development and structured underground parking will maximizes open space and increases
walkability.
Minneapolis - Augustana Village (a.k.a. East Village)
Grant Award: $550,000 in December 7997
Redevelop a block adjacent to Elliot Pazk into a small urban village with 150 to 170 units of
housing, 200 underground parking spaces, 10,000 to 15,000 square feet of storefront
commercial space and approximately 8,000 sq. ft. of office space. This grant will help fund z
pedestrian greenway connecting new and existing housing with Elliot Park, the boulevard
along South 8th Street, a raised intersection to facilitate pedestrian traffic, lighting, and
landscaping.
Minneapolis -Central Avenue
Grant Award: $398,000 in December 7998
This grant will fund operation of a re-grant program to fund property improvements that
support the implementation of Crime Prevention Through Environmental Design (CPTED}
principles. The foundation for CPTED principles is that design and effective use of the built
environment can lead to a decrease in the fear and incidence of crime, and improvement in
quality of life. Lighting will illuminate rear shared parking lobs, rear entrances to stores will
be encouraged, and second floors of businesses will be converted to housing to provide more
"eyes on the street." This grant will assist with redevelopment using CPTED principles and
lighting to support the CPTED effort.
~J 003
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10;2l/2003 14:09 FAX 6516021442 MET. COUNCIL
Minneapolis - Vigage in Phillips
Grant award: $437,600 in November 2002
A redevelopment project designed by and for neighborhood residents through a collaborative
planning process among several Minneapolis non-profit community developers and residents. 7"he
vision is for a safe, diverse, sustainable, child friendly and transit-oriented village with up to l3S
new housing units and 18,000 square feet of commercial space. The project increases density
while preserving quality open space and the positive features of the existing area Located % mile
from the Franklin Avenue LRT station and on two major bus routes, the development will provide
linkages to transit. Grant funds will be used for site assembly (acquisition, relocation and
demolition).
Minnetonka - Boulevard Gardens (a.k.a. West Ridge Market)
Grant award: $770,000 in March 1996
Boulevard Gardens creates a new neighborhood that incorporates affordable and life cycle
housing in as attractive, livable environment. It also provides the services, jobs, transit
connections and neighborhood amenities that will ensure its continued vitality and linkages to
the larger community. Boulevazd Gardens creates a gateway to the community and fulfills a
commitment for a planned mixed-use development. The project will develop 400 housing
units, including Holhnan family housing units; retail; parks and community spatxs adjacent to
s regional transit center. This grant will fund pedestrian linkages within the development and
to the transit station, renovate a neighborhood park, and develop a community plaza and
pavilion.
Ramsey -Ramsey Station Town Center
Grant award: $800,000 in November 2002
~ 004
The Ramsey Station Town Center is the development of a compact transit-oriented mixed-use
neighborhood on a greenfield site. Abutting the proposed North Staz commuter rail, it will be
a hub for employment, commercial, residential and civic uses. With sidewalks throughout,
tree-lined streets, bike paths, rear alley and side yard access will be crested, with a pedestrian
and bicycle friendly environment benefiting the residents of the proposed 2000 units of
lifecycle housing. The natural environs will be enhanced, providing wildlife habitat and
connections to surrounding residences and businesses, with a green "spine" throughout and
connected to the nearby Regional Park. Grant funds will be used to help construct a new
central roadway that is key to the development pattern.
Richfield -Lyndale Gateway West
Grant award: $500,000 in November 2002
~n i
~"' '~
This mixed-use project will complete the renewal of a key entry point to the Richfield
community at 77s' Street and Lyndale Avenue. Along Lyndale Avenue, 28,580 square feet of
commercial space, with surface parking located behind the buildings, provides contemporary
neighborhood-oriented retail and office uses for the project residents and the broader
community. Ninety-two loft-style condominiums offer a new housing type at a range of
affordability levels to a community trying to diversify its housing stock. Fifteen townhomes
line Aldrich Avenue providing a transition to the adjacent single family neighborhood. Grant
funds will be used for land acquisition and assembly.
Richfield -Richfield Rediscovered Apartment Remodeling Program
Grano Award: $575,000 in December 1997
Facilitate investment in apartment communities citywide to make them more livable and
desirable. Provide remodeling financial incentives that make ownership of existing apartments
in the suburban core an attractive business investment option through delays in property tax
C-1 b
Ste" ~
19
10;22/2003 14:10 FAX 6516021442 MET. COUNCIL f~j005
increases, deferred loans and technical assistance in design, remodeling, and financial advice.
This grant will assist with implementing improvements at two case study locations, incentive
deferred loans, and marketing.
Robbinsdale -Downtown ~ ~ I
Grant award: $780.000 In December 1996
Rebuild Robbinsdale's downtown to enhance its drawing power as a regional destination for
shopping and government services, hosting a range of social and commercial activities.
Connect the downtown to a major employer (North Memorial Health Care Center) with
transit, pedestrian and bicycle options. Provide increased opportunities for life-cycle housing
and potential for new investment, including townhomes, apartments, and lazger single-family
homes. This grant will assist with site development of underground parking in a senior
housing and retail building, develop safe shelters and platforms at a new Metro Transit hub,
and help acquire and develop sites for larger family homes and growing families.
Roseville -Cornerstone Program
Grant award: $270000 in December 1596
Develop prototype redesigns for renovation of aging or outdated commercial strip corners and
redesign housing to meet the needs of growing families who otherwise might move out of the
community. Tktis grant will fund redesign work, a portion of sidewallc, pedestrian path and
bus shelter construction, and promotional materials.
St. Louis Park -Park Commons Redevelopment (a.k.a. Excelsior and Grand)
Grant award: $1,200,000 in December 1998 Y
Grant award: $500,000 in January 2001
Grant award: $1.1 million in July 2001
Redevelop a 4.4 acre site (currently a vacant lot and 3 buildings) to include a 40,000 sq. ft.
town green with transit stop and pedestrian/bicycle connections~to Wolfe Park; multi-story,
mixed-use buildings with I 86,000 sq. R of leasable space; 92 new mixed-income residential /
units, and shared structured parking. The housing is planned to include 10 live-work units and
18 affordable apaztments. The 1998 grant will fund a portion of shazed structured parking and ~ J ~ ~~ ,
transit hub improvements. An additional 5500,000 for structured parking and pedestrian Yi/
improvements was awazded for this project as a contract amendment in January 2001 as the
original 4.4-acre site was expanded to 15 acres. The 2001 grant will also help fund structured
parking and transit/pedestrian connections. F „
St. Louis Park -Louisiana Court r(/
Grant Award: $970,000 in December 1999
Redevelop and reconfigure sixteen 1960s-era 2-story walk-up apartment buildings,
rehabilitate 122 rental apartments, including 12 Holtman units, affordable at 50 percent of
median income, This grant will be used to create pedestrian paths and park access, reorganize
entries and pazking, create clear access to a park, construct bus shelters and signage, acquire
and renovate I ]buildings, and assist with credit enhancement and debt service. The city will
work with Metro Transit to determine the appropriate location of one or more Metro Transit
shelters.
St. Paul -Brewery Neighborhood
Grant Award: $750,000 in December 1997
Rehabilitate this three-block area to include new and rehabilitated housing, an improved
transit stop and bike path, commercial improvements and public open space improvements.
C-17
~D
IV. CONSIDERATION OF AN ORDINANCE AMENDMENT TO ALLOW BI-
WEEKLY RECYCLING
The City Council, at their August 4, 2003 Council meeting, was approached by Ron Moening,
District Manager for Waste Management, with a request that the City amend the City Code to
allow bi-weekly recycling. Manning added that if bi-weekly recycling was implemented, Waste
Management could offer their single-sort recycling program to their Eagan customers.
Per the direction of the Council at the August 4, 2003 meeting, staff invited Eagan's licensed
residential trash/recycling haulers to an informational meeting on September 10, 2003. The
purpose of the meeting was to receive feedback from the haulers in regards to the possibility of
an ordinance amendment to allow bi-weekly recycling. Enclosed on pages througlx~~ is
a memo from Assistant to the City Administrator Lord summarizing the September 10 meeting
with the haulers. Also included with the memo are two letters that were received from haulers
who were unable to attend the informational meeting, as well as information about the single sort
program, which was provided by Mr. Moening.
Enclosed on pages ~ through is Section 6.37 of the City Code, which pertains to
Garbage, Refuse, and Recycling. Included in Subd. 4 is a hauler requirement that "Single
family/multiple dwelling-individual household service hauling licensees shall make weekly
collection of separated garbage and other refuse, yard waste and waste recyclables...". It would
be Subd. 4 of the Code that would require an amendment should the City change the Code to
allow bi-weekly recycling.
Enclosed on page~~ is a sample of the letter that was sent to all licensed residential
trash/recycling haulers in Eagan to provide notice of the discussion scheduled for the October 28
workshop. Sue Bast, Recycling Coordinator for the cities of Burnsville, Eagan, and Apple
Valley will also be present at the workshop to answer any questions the Council may have about
the City of Burnsville's experience with bi-weekly recycling.
ACTION TO BE CONSIDERED:
To consider directing the City Attorney to prepare an ordinance amendment to Section 6.37 of
the Eagan City Code to allow bi-weekly recycling.
~l
7
~s~~, ~.
TO:
FROM:
DATE:
SUBJECT:
MEMO
City of Eagan
CITY ADMINISTRATOR HEDGES
ASSISTANT TO THE CITY ADMINISTRATOR LORD
SEPTEMBER 15, 2003
HAULER FEEDBACK RE: ORDINANCE CHANGE
Per the direction of the Council at the August 4, 2003 City Council meeting, an
informational meeting was held with Eagan's licensed haulers regarding the possibility of
an ordinance amendment to allow bi-weekly recycling, as opposed to the current weekly
recycling pick-up requirement. As you may recall, the request for the ordinance
amendment was made by Ron Moening, District Manager of Waste Management, who
presented information to the City Council on Waste Management's single sort recycling
program, which is collected on a bi-weekly basis.
Enclosed on page is a copy of the letter that was sent to all of Eagan's licensed
trash/recyclinghanlers, inviting them to attend the September 10 informational meeting.
Enclosed on page~through~ is the agenda for the September 10 meeting and the
meeting sign-in sheet. Of the seven residential haulers licensed in Eagan, two were
present, and two sent correspondence to the City with their feedback about an ordinance
amendment. Enclosed on pages through is a letter from Tom Buckingham,
representing Buckingham Disposal, Inc., and an mail from Greg Tennis, representing
Tennis Sanitation, LLC, both of whom expressed concern about an ordinance amendment
to allow bi-weekly recycling.
I, along with Administrative Secretary McGarvey and Recycling Coordinator Sue Bast
were present at the September 10 meeting. The two haulers represented were Waste
Management and BFI. I opened the meeting, noting that the City Council asked that an
informational meeting be held in order to receive input from the haulers about the
possibility of an ordinance amendment to allow bi-weekly recycling.
Following the introductory comments, Sue Bast provided a summary of citizens'
reactions and responses to the City of Burnsville's ordinance amendment to allow bi-
weeklyrecycling, as well as helpful tips if Eagan were to change to bi-weekly recycling.
Ms. Bast noted that Burnsville chose to change to the bi-weekly system in order to be
consistent with Dakota County's Recycling Joint Powers Agreement, which states that
recycling must be conducted on at least a bi-weekly basis.
Once implemented, Ms. Bast said that she received numerous calls initially from Waste
Management customers who were concerned about where to dispose of their old
recycling containers, as well as concerns about the size of the new container being
c~C
Hauler Feedback re: ordinance change
September 15, 2003
Page 2
provided by Waste Management. Ms. Bast advised that if there is a change to bi-weekly
recycling in Eagan, the City should: 1.) Make clear that the single sort program is not a
requirement of the City; 2.) Inform citizens who they can contact to dispose of their
previously used 18-gallon recycling container; and 3.) Specify in the City Code the size
requirement of the recycling bin if a hauler chooses to go to bi-weekly service (e.g. the
City of Richfield requires 32-gallon, covered containers).
Following Ms. Bast's comments, the two haulers that were represented were provided an
opportunity to offer their feedback to the possibility of an ordinance amendment to allow
bi-weekly recycling. Waste Management had two representatives at the meeting, Ronald
Moening and Mike Trulson, both of whom advocated for the ordinance amendment,
which would provide Waste Management the opportunity to offer single sort recycling.
Mr. Moening noted that in the cities where single sort recycling is offered, the volume of
recyclables collected has increased, as has the number of recycling participants. Moening
also attributed a portion of the increased participation to the fact that the recycling bins
provided are now covered, leading to persons being less inhibited to "display" their
recyclables, as was the case with the previous non-covered recycling bin. Furthermore,
Waste Management noted that the covered bin has resulted in less recyclables being
blown throughout neighborhoods. In response to some of the concerns that Ms. Bast
noted from Burnsville citizens, Mr. Moening stated that single sort participants are sent a
letter welcoming participants to the new program, and are also sent reminder cards to
inform participants about which week the recyclables will be picked up. Enclosed on
pages through`~a is a copy of the letter and reminder card provided at the
meeting by Waste Mana ement.
Craig Seim, General Manager of BFI Waste Services, was also present at the meeting.
Mr. Seim noted that the customers should be allowed to make a decision as to which
hauler they would prefer. He inquired with Waste Management whether the single sort
recycling program is automated. Mr. Moening acknowledged that the program is not
automated at this time; however, they are looking to automate the program in the future.
Mr. Seim stated that BFI has no plans to offer the single sort program at this time;
however, he did not voice any opposition to the ordinance amendment.
If you have any further questions about the outcome of the informational meeting with
Eagan's licensed haulers, please let me know.
Assistant to the City Administrator
~~
August 14, 2003
Name of Licensed Trash Hauler
Address
State
Deaz
At the August 4, 2003 Eagan City Council meeting, per the request of a licensed Eagan
hauler, the City Council discussed the possibility of an ordinance amendment to allow
single sort, bi-weekly recycling.
Upon receiving further information about the features of the single-sort system, the City
Council discussed the program as well as the current requirement that recycling pick up
take place on a weekly basis, as stated in the current City Code. In order to gain input and
feedback about the possibility of an ordinance amendment to allow bi-weekly recycling,
the City Council directed staffto host an informational meeting with Eagan's licensed
trashlrecyclingkaulers.
An informational meeting has been scheduled for Wednesday, September 10 at 2 PM in
the Council Chambers of Eagan City Hall. Sue Bast, Recycling Coordinator for the cities
of Eagan and Burnsville, will be present at the meeting to provide a summary about the
bi-weekly recycling programs being offered in the City of Burnsville, and to receive input
from the haulers present. All feedback that is received at the informational meeting will
be forwarded to the Eagan City Council prior to their consideration of an ordinance
amendment.
If you are unable to attend the meeting, please feel free to send written feedback to Mira
McGarvey, Administrative Secretary, who will ensure that the correspondence is
forwarded to the City Council. Ms. McGarvey can be reached via a mail at
mmcgarvey@cityofeagan.com, or correspondence can be sent to her attention at the
address above.
If you have any questions about the September 10 informational meeting, please feel free
to contact Mira McGarvey at 651/675-5013.
Sincerely,
~~.a
~~
Thomas L. Hedges
City Administrator
~~
Meeting of Eagan's Licensed Haulers re: Single Sort Recycling
Wednesday, September 10, 2003
2 p.m.
City Council Chambers
AGENDA
1. Welcome and Opening Remarks=Dianne Lord, Assistant to the City Administrator
2. Summary of the Single Sort Recycling Program Sue Bast, Recycling Coordinator
3. Open Forum: Questions and Feedback from Haulers
4. Adjourn-3PM
~S
September 10, 2003
Informational Meeting with licensed Haulers
SIGN-IN SHEET
ATTENDEE'S NAME COMPANY ~
Q~
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Buckingham Disposal, Inc.
5980 credit River Rd.
Prior Lake, MN. 5 5 3 72
952-226-6441
August 19, 2403
City of Eagan
3830 Pilat Knob Road
Eagan, MN 55122
Attn.: Mira McGarvey
Dear Mira,
Thank you for seeking feedback from alI licensed haulers in the City of Eagan regarding
input on possible changes to the existing ordinance dealing with recycling collection.
My first observation is that it is funny how one Company can decide to change the
method of their collection to suit them and the way they do business and then just pursue
the City to change their ordinances to fit their needs. Somehow that just doesn't seem
fair.
Buckingham Disposal has been in the waste removal and recycling business for the past
thirty five years and our expertise teIls us that by mixing all recycling material together
(example: glass and paper) the ability to market that material drops substantially by
contaminating itself and is less desirable to sell on the open market.
My next point would be why would you want to reduce the frequency? One pick-up per
week is favorable because who wants dirty pizza boxes and juicy soda cans sitting around
for two weeks with smeIl and animal issues to commend with?
I'm also enclosing a article from our industries trade magazine which you might find
interesting.
Sincerely,
~om Bungham
G4t~ ~ti~ k ,.=~
Buckingham Dispo_ . ~ c.
by briar taylor
Ingle-stream rerycling collection and processing
has marched steadily forward and no one is more
_ aware than Mark Naef of Naef Reryding, East
Syracuse, N.Y.
Naef scatted his company less than a year ago to handle
commercial and residential recydabla toll coed in and around
Syracuse. Residential collection and processing in chat area
has traditionally been done in the
dual-stream manner, with fibtts seg- ~ ~ tiff
regared from the container stream.
The Nacf Reryding plant was setup ~ ~ ~ ~.~ ~ ~
to process materials collected that
way.
But no sooner had Naef Rcry-
cling opened its doors than Waste
Management Inc., Houston, sec up
some of iu first single-stream pro-
grams in the eastern U.S. at new
material recovery facilities (MBEs)
in Syracuse and Binghamton, N.Y.
Naef says the introduction of
}} Y
Sr'~li>r~~~ ;1'~lri~F~
single-scream techniques has sent mixed signals to haulers and
municipalities in nc~ region, and if it is ultimately a stronger
signal that mixing materials is fine, Then he may have co
change the way he does business.
THE CUSTOMER KNOWS. Single-stream equipment
makers and MRF operators are confident chat plants ran be
set up to produce quality fiberstrcams from material collected
through the single-stream method.
$ut Naefcontcnds that mills hcsells co, such as thcAbitibi-
46 RECYCLING TODAY JUNE 2003
~~
Consolidated trill in Thorold, Ontario, Canada, or the
Solvay Paperboafc~„~ij)~„jnNev~t~'~~,,car~,tell v~en they ar4
seeing sirig~o-~e,;at.bccause of the increased pres-
ence o~'gLtss pieces and glass powder. '
The glass powder is difficult to spot on visual inspections,
but Naefsays the effetz ofrhe contaminant becomes clear over
time. "The powder is practically sand-blasting the equipmen c
acomcsinconraawitharmills,"hc
~ 6 ~ ~ ~ remarks.
Additional contaminants such as
s lids from steel cans and plastic bags,
• caps and rings are also common m
~,.L ~ 5~ g ~~ gip" manysingle-stream shipments, Naef
contends.
~~~ ~~ While he understands the desire
:ill;!! xis for municipalities and haulers to
reduce their collection costs, he
~~ ~~~~~~~= wonders whether they realize what
They are losing money on the selling
~€~, end of the transaction. He says the
nearbysingle-stream MRF operated
by Waste Management is shipping out numerous loads of the
"hard-pack" mixed low-grade of paper, while his MRF pro-
ducesonly one or two bales per month of this commodity.
While plant operators and equipment makersdevise meth-
ods to improve soning, Naef notes that true single-stream
collection is not in place until compactor trucks are doing the
collecting. That's when reryders arc really put to the test to
make dean, high-quality shipments. "It's a whole new dv-
nanvc," he remarks. "When they First try single scream, it's
with older collection methods."
www.R ecyclingTOday.ccm
Page 1 of 1
Mira McGarvey
From: Tennisllc~aol.com
Sent: ' Wednesday, September 10, 2003 9:10 AM
To: mmcgarvey@c~tyofeagan.com
Subject: Bi-weekly Recycling Input
Good morning, my name is Greg Tennis and I'm a partner of Tennis Sanitation, LLC. I was unable to attend
the informational meeting on 9/10/03, but I do have some input for the council to consider. It has been our
experience that when recycling is done on a bi weekly basis, customers tend to forget which week to recyGe.
Instead of waiting for the next pick-up, which is now a total of 4 weeks of accumulated recycling, they decide to
discard the recycling in the trash.
It is my opinion, and it has~also been documented that when recycling is co-mingled (single sorted), there is a
considerable amount that becomes contaminated, broken or unusable and then has to be put back into the
waste stream. When recycling is done on a customer source separated basis, each individual item is properly
handled and nearly 100% is recycled.
Thank you for your consideration of my comments.
Greg Tennis,
Partner, Tennis Sanitation,LLC
9/10/2003 ~~
WASTE MANAGEMENT
Waste Management
12448 Pennsylvania. Avenue S
Savage, MN 55378
(952) 890-1100
(763) 783-5477 Fax
Apri114, 2003
Deaz Valued Customer.
Congratulations! Waste Management has chosen you to participate in a new and
innovative recycling program!
You may have heard the news about Waste Managements new Single Sort recycling
program. Cities such as Savage, Hastings, Brooklyn Park, Cannon Falls, Robbinsdale,
Coon Rapids and Hopkins are now recycling the Single Sort way.
We are excited to bring Single Sorf to you Here is how it works.
• You will receive a mid sized, 35-gallon heavy duty green cart with a hinged
yellow Iid and wheels sometime between Apri121 and May 2. (See enclosed
brochure.)
• Start using your cart as soon as you receive it. Place all your recyclable
containers, paper, and loose cardboard directly into the cart. All recyclables can
be mixed together in your cart. USE THE RECYCLE CART IN PLACE OF
YUUR PRESENT RECYCLING BIN.
• Set your cart curbside for collection on your service day the week of May 5, 2003.
Your recycling will be collected every-other-week on the regulaz collection day.
Anew recyclin; calendar is enclosed for your use.
• In 90 days we will send you a survey to find out your opinion and use of the
Single Sort recycling program.
Why is Waste Management offering this program to you?
• Single Sort makes recycling easy. All your recyclables go in one cart.
• Single Sort reduces litter. Your new recycling cart has a lid and litter in your
neighborhood will be greatly reduced.
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NextPage LivePublish Page 1 of 5
Sec. 6.37. Garbage, refuse and recycling haulers.
Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated:
A. Garbage means all putrescible wastes, including animal offal and carcasses of dead animals but
excluding human excreta, sewage and other water-carried wastes.
B. Refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar
nonputrescible wastes (does not decay or have foul odor), construction or demolition debris, and wood
except when stored as firewood in compliance with section 11.10, subd. 32.C.
C. Recyclables means materials that are separated from mixed municipal solid waste for the
purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse-
derived fuel or other material that is destroyed by incineration is not a recyclable material.
D. Targeted recyclables means materials metal food and beverage containers, glass food and
beverage containers, newsprint, corrugated cardboard, plastics (as defined by the county), office paper
and mail, magazines, catalogs or other materials as defined by council resolution.
E. Yard waste means leaves, lawn clippings, garden waste, weeds, Christmas trees and prunings
up to six inches in diameter or other materials as may be defined by council resolution.
F. Single family/multiple dwelling-individual household service hauling means garbage, refuse and
recycling hauling services in which the hauler specifically services an individual residential dwelling
unit for the pickup of garbage, refuse or recyclables of that individual residential dwelling unit at that
specific unit, r egardless o f w hether i t i s a s Ingle-family dwelling or a dwelling unit within a multiple
dwelling unit structure.
G. CommerciaUmultip/e dwelling-commingled service hauling means garbage, refuse or recycling
hauling services provided to any commercial establishment or any multiple dwelling units of which all
residents commingle their garbage and refuse in a dumpster or other similar container for shared
pickup service by the hauler or commingle their recyclables in a dumpster or other similar container
for shared pickup service by the hauler.
H. Commercial establishment means any premises where a commercial or industrial enterprise of
any kind is carried on and shall include restaurants, clubs, churches, and schools.
I. Special pickup means any collection of materials other than garbage, other refuse, recyclables or
yard waste including white goods, furniture, oversized materials and construction debris.
J. Daily residential hauling district means a~ residential area in which garbage, other refuse,
recyclables and yard waste are collected on the same day, the boundaries and day of collection of
which are defined as follows: (i) Monday Residential Hauling District -any area in the city north of
Diffley Road and west of Lexington Avenue; (ii) Wednesday Residential Hauling District -any area in
the city south of Diffley Road and west of Lexington Avenue; and (iii) Friday Residential Hauling District
- any area in the city east of Lexington Avenue.
K. Construction or demolition debris means waste building materials, packaging, and rubble
resulting from construction, remodeling, repair and demolition of buildings.
L. Mixed municipal solid waste and recycling transfer station means an intermediate waste facility in
which garbage, refuse and other solid waste and recyclable materials from residential, commercial,
industrial and community activities that the generator of the waste aggregates for collection is
temporarily deposited to await transportation to another waste facility.
M. Construction and demolition debris waste transfer station means an intermediate waste facility in
which construction and demolition debris that the generator of the debris aggregates for collection is
temporarily deposited to await transportation to another waste facility.
33
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Subd. 2. License required. It is unlawful for any person to haul garbage, refuse, recyclables, yard waste or
food waste, without a license therefor from the city, or to haul garbage, refuse, or recyclables, yard waste or
food waste from his own residence or business property other than herein excepted. For purposes of this
section, a license shall be required for hauling construction or demolition debris only in cases of hauling for hire
or with a motor vehicle that has a hauling capacity of four cubic yards or greater.
Subd. 3. Exception. Nothing in this section shall prevent persons from hauling garbage, refuse, recyclables,
yard wastes or food wastes from their own residences or business properties provided the following rules are
observed:
* That all garbage is hauled in containers that are watertight on all sides and the bottom and with
tightfitting covers on top;
* That all refuse, recyclables, yard wastes and food wastes are hauled in vehicles with leakproof
bodies and completely covered or enclosed by canvas or other means or material so as to completely
eliminate the possibility of loss of cargo;
* That all garbage and refuse shall be dumped or unloaded only at a licensed solid waste facility or
county-designated facility;
* That recyclables may be disposed of at a recycling facility, an organized recyclable drive or through
a licensed recyclable hauler;
* That yard wastes may be composted privately or be disposed of at a composting facility or through
a licensed refuse hauler or recyclable hauler; and
* That food wastes may be disposed of at a food waste composting facility or processing facility or
through a licensed food waste hauler.
Subd. 4. Hauler licensee requirements.
A. Hauler licenses shall be granted only upon the condition that the licensee has watertight packer-
type vehicles or, in the case of recycling and construction or demolition debris haulers, appropriate
container vehicles in condition to prevent loss in transit of liquid or solid cargo; that the vehicle be kept
clean and as free from offensive odors as possible; and the vehicle not be parked in any street longer
than reasonably necessary to collect garbage, other refuse, yard waste or recyclables. All hauler
licenses shall be subject to the following requirements:
1. There shall be three license categories defined by the type of account served: (1)
commercial/multiple dwelling-commingled service hauling, (2) single family/multiple dwelling-
individual household service hauling, and (3) construction and demolition debris hauling.
2. Commercial/multiple dwelling-commingled service and single family/multiple dwelling-
individual household service hauling licenses include recycling hauling services.
3. Licensees shall make curbside recycling collection available to all single-family and
multiple dwelling residences with individual household services. At a minimum, such service
shall include all targeted recyclables as defined herein. Commercial/multiple-dwelling hauling
licensees shall make recycling collection available to all commercial establishment accounts.
At a minimum, such service to commercial establishments shall include at least two targeted
recyclables items as defined herein.
4. Single family/multiple dwelling-individual household service hauling licensees shall make
weekly collection of separated garbage and other refuse, yard waste and recyclables for all
single family/multiple dwelling-individual household service hauling accounts subject to the
daily residential hauling district restrictions.
(a) It is unlawful for hauler vehicles to operate on residential streets in any district
on any day other than as permitted for the daily single-family-multiple dwelling-
individual household service hauling district, except to collect a missed pickup, special
pickup or when an observed holiday falls within that week.
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5. At a minimum, commercial/multiple dwelling-commingled service hauling licensees shall
make weekly collections of separated garbage, other refuse and recyclables for all multiple
residential dwelling accounts under its license.
6. It shall be the responsibility of the licensee that the name and telephone number of the
owner of any and all containers which are located on and hauled off a construction or
demolition site by the licensee be permanently affixed to each such container.
7. All hauler vehicles shall be in full compliance with the Minnesota Department of
Transportation requirements and all hauler vehicles shall be available for inspection by the
city.
8. In order to receive or retain a hauling license hereunder, the applicant/licensee shall be in
compliance with all state, county and city regulations, including any conditional use permits.
B. Before a hauling license may be issued, the applicant shall file with the city clerk evidence of the
following insurance coverages and amounts for each vehicle operated under the license from an
insurance company authorized to do business within the state:
1. Auto liability coverage including all owned, nonowned and hired motor vehicles. Coverage
provided shall be in an amount of at least $250,000.00 for injury to or death of any one
claimant and $500,000.00 for total injuries and/or damages arising from a single occurrence,
or a combined single limit of $500,000.00.
2. Workers' compensation insurance certificate as required by Minnesota Statutes.
The licensee shall file with the city clerk and copy of the licensee's certificate of insurance,
which shall fist the vehicle identification number of each vehicle operated under the license.
The certificate of insurance shall be for the period of the annual license, expiring on December
31st of the license year.
C. The council, in the interest of maintaining healthful and sanitary conditions in the city, hereby
reserves the right to specify and assign certain areas to all licensees, and to limit the number of
licenses issued. The council shall issue no more than seven single-family-multiple dwelling-individual
household service hauling licenses.
No license shall be transferable between persons or entities. Any change in individual or
corporate ownership or substitution in partners shall constitute a transfer and shall
automatically terminate the license. Upon the termination of a license as a result of change of
ownership as provided herein, a license application of the new hauler shall be granted license
approval preference over any other license applicant, provided the hauler makes application
within 30 days of the license termination and the hauler meets all conditions and regulations
for licensing as required herein. If the licensee's name changes and the change is not due to
change of ownership during the period of the license within 30 days of the name change, a
new application for license must be submitted to the city and subsequently approved by the
city in order for license to remain in effect.
D. Each applicant shall file with the city clerk-treasurer, b efore a g arbage a nd refuse h auler or
recycling license is issued or renewed, a schedule of proposed rates to be charged by him during the
licensed period for which the application is made. Every licensee shall provide prior notification of any
change in rates to be implemented during the licensed period.
1. Single family/multiple dwelling-individual household service hauling licensees rates shall
include a minimum of three levels of regular service, priced on the basis of volume or weight
with a rate structure designed to encourage reduction, re-usage and recycling. Single
family/multiple dwelling-individual household service hauling licensees are prohibited from
imposing a greater charge on residents. who recycle than on residents who.do not recycle._.
E. No hauler operating on a route in a residential district shall operate a truck on any city street
when the weight of said vehicle exceeds eight tons per axle.
F. No hauler shall operate in a residential district after 8:30 p.m. or before 6:30 a.m. of any day, and
no hauler shall operate in a residential district on Sunday.
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G. Each vehicle for which a hauler's license is issued shall exhibit such license in a prominent
position on said vehicle. The applicant shall submit with the application a list of the vehicle
identification number and license plate number for each vehicle to be operated under the license. This
information shall be provided on the license for each separate vehicle.
H. All single family/multiple dwelling-individual household service and commercial/multiple dwelling-
commingled service, licensees shall report to Dakota County, on the form provided for such purpose,
the quantity of all recyclables and yard waste abated from the landfills and any other information as
required by state, county or local laws.
I. The duration of a license shall be for a calendar year, expiring on December 31 of each year,
regardless of the date of issuance. All existing licenses on December 31 of each year will be
automatically renewed provided the licensee pays the license fee prior to issuance and is in
compliance with all requirements of this section.
J. All single family/multiple dwelling-individual household service hauling licenses shall be subject to
the licensee providing single family/multiple dwelling-individual household hauling services to not less
than 250 residential households in the city, with their own equipment, excluding multiple dwelling units
which fall within the definition of commercial/multiple dwelling-commingled service hauling. The
licensee shall file with the city clerk by the end of each calendar year a written certification of
compliance with this paragraph on a form provided by the city. The licensee shall make available for
inspection upon request, a list of all single family/multiple dwelling-individual household service
accounts, by address, within the city. If the licensee fails to provide proof of providing single
family/multiple dwelling-individual household service hauling services to households as required herein
by the end of the calendar year, (December 31 of all years), the license shall automatically terminate.
Subd. 5. Mixed municipal solid waste and recycling transfer stafion. It is unlawful for any person to operate
or to permit another to operate a mixed municipal solid waste and recycling transfer station without a license or
permit required therefor by Dakota County and the State of Minnesota--Minnesota Pollution Control Agency. It
is unlawful for any person to operate or to permit another to operate a mixed municipal solid waste and
recycling transfer station within the city in violation of any term or condition of a license or permit required
therefor by Dakota County and the State of Minnesota--Minnesota Pollution Control Agency. Prior to the
operation of a mixed municipal solid waste and recycling transfer station, the operator shall provide a copy of
the license or permit issued by the county or state. The current license or permit shall be posted in a
conspicuous location in the transfer station.
Subd. 6. Consfruction and demolition debris waste transfer station. It is unlawful for any person to operate or
permit another to operate a construction and demolition debris waste transfer station (hereinafter "transfer
station") w ithin t he c ity, a xcept i n a I invited i ndustrial (I-1) district and only upon the council's granting of a
conditional use permit. Any conditional use permit under this subdivision shall be subject to the provisions of
section 11.40, Subd. 4, of this Code. All applications for conditional use permit for a transfer station shall
include a detailed and scaled site plan specifying the dimensions, location, materials and design of the
principal building.
A transfer station permitted under a conditional use permit in accordance with this subdivision shall comply with
the following requirements:
4
1. Construction or demolition debris waste transfer activity shall be incidental to the principal use on
the property.
2. Onty construction or demolition debris waste of buildings, including concrete, brick, bituminous
concrete, untreated wood, masonry, glass, trees, rock, and plastic, building parts may be
intermediately and temporarily stored onthe property to await transfer to another waste facility.
3. The waste capacity of the transfer station shall not exceed 120 tons per day and 37,440 tons per
year and operation shall not exceed such waste capacity.
The transfer station shall have a maximum storage capacity of 100 cubic yards.
5. All operations of the transfer station shall be conducted within the principal building and no
operation shall be conducted outdoors. All construction and demolition debris waste transferred to the
property shall be removed from the property within 24 hours of arrival on the property, except that
waste arriving on a Saturday shall be removed within 48 hours of arrival at the property.
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6. No construction or demolition debris waste shall be stored, stocked or kept outside any building
on the properly for which the conditional use permit was issued.
7. The operations of the transfer station shall not produce any adverse noise, glare, fumes, odor,
obnoxious products, byproducts, litter, waste or any other nuisance impacts.
8. No transfer station shall operate without a license or permit required therefor by any county or
state agency or department having jurisdiction over any solid waste transfer system and no transfer
system shall operate in violation of any term or condition of a license or permit required therefore by
any county or state agency or department.
9. Prior to the operation of a transfer station permitted in accordance with this subdivision, the
operator of the transfer station shall provide to the city a copy of any license or permit required or
issued by any county or state agency or department having jurisdiction over a solid waste transfer
station transfer system.
10. The transfer station and the property on which it is located shall be open at all times for
inspection by the city, county, and state.
(Code 1983, § 6.37, eff. 1-1-83; Ord. No. 93, 2nd series, eff. 12-15-90; Ord. No. 130, 2nd series, eff. 11-29-91;
Ord. No. 136, 2nd series, eff. 5-15-92; Ord. No. 192, 2nd series, eff. 1-12-95; Ord. No. 210, 2nd series, eff. 2-
8-96; Ord. No. 213, 2nd series, eff. 3-14-96; Ord. No. 218, 2nd series, eff. 5-2-96; Ord. No. 222, 2nd series,
eff. 9-12-96; Ord. No. 254, 2nd series, eff. 1-29-98; Ord. No. 274, 2nd series, eff. 4-29-99; Ord. No. 277, 2nd
series, eff. 6-1-99; Ord. No. 288, 2nd series, § 1, 2-24-00; Ord. No. 294, 2nd series, §§ 1--3, 7-27-00; Ord. No.
322, 2nd series, §§ 1, 2, eff. 11-22-01; Ord. No. 350, 2nd series, §§ 1--4, eff. 7-25-02)
~~
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city of eac~an
PAT GEAGAN
Mayor
PEGGY CARLSON
CYNDEE FIELDS
MIKE MAGUIRE
MEG TILLEY
Council Members
THOMAS HEDGES
City Administrator
Municipal Center.
3830 Pilot Knob Road
Eagan, MN 55122-1897
Phone: 651.675.5000
Fax: 651.675.5012
TDD: 651.454.8535
Maintenance Facility:
3501 Coachman Point
Eagan, MN 55122
Phone: 651.675.5300
Fax: 651.675.5360
TDD: 651.454.8535
www.ciryofeagan.com
October 22, 2003
Waste Management
Attn: Mr. Ronald Moening
1901 Ames Drive
Burnsville, MN 55306
Dear Mr. Moening:
Per the direction of the Council at the August 4, 2003 City Council meeting, staff invited
Eagan's licensed residential trash/recycling haulers to an informational meeting on
September 10, 2003 to discuss the possibility of an ordinance amendment to allow bi-
weeklyrecycling. The purpose of the meeting was to gain feedback from the haulers as to
whether an ordinance amendment to allow bi-weekly recycling would be desirable.
Two haulers attended the informational meeting, and two other haulers provided written
feedback to the City Council regarding the proposed ordinance amendment. A summary
of the informational meeting, as well as the written feedback received were forwarded to
the City Council.
The City Council will formally consider an ordinance amendment to Section 6.37 of the
City Code pertaining to Garbage, Refuse, and Rec~g at the October 28, 2003 City
Council workshou. The workshop begins at 5:30 p.m. and will take place in the second
floor Community Room of the Eagan Municipal Center. All haulers are welcome to
attend the workshop.
Please feel free to contact Assistant to the City Administrator Dianne Lord at 651/675-
5014 if you have any questions about the upcoming City Council workshop.
Sincerely,
Thomas L. Hedges
City Administrator
THE LONE OAK TREE
The symbol of strength
and growth in our
community
V. REVIEW PROPOSED 2004 EAGAN CONVENTION AND VISITORS
BUREAU(ECVB)BUDGET
At the last ECVB Board Meeting held on Thursday, October 16, the 2004 marketing plan
and budget was adopted by the Board for presentation to the City Council. Present at that
meeting were City Councihnember Carlson, Communications Director Garrison and City
Administrator Hedges.
By agreement, renewed in October 2002, the Eagan Convention and Visitor's Bureau
promotes the City as a tourist, conference, meetings, and visitor destination. Its funding
source is primarily the City's local lodging tax, supplemented by a small amount of
advertising and membership income.
2003 Eagan Convention and Visitors Bureau revenues were running 8% ahead of 2002
for the first half of the year, but still have not returned to pre-9/11 levels. The ECVB
Board expects a 3% increase in revenue in 2004. Among other budget highlights:
• The 2003 total proposed budget for ECVB, reviewed and approved by the ECVB
board, is $720,000 up from $719,000 the year before.
• ECVB staff project $698,000 in lodging tax revenues in 2004.
• Additional non-lodging tax revenues of approximately $25,000 are expected in
2002.
• 62% of the 2004 budget will be spent on marketing
37% of the 2004 proposed budget is dedicated to personnel and operating costs,
with 1 % for equipment and operating reserve
Historical Context
The City of Eagan reached a revised agreement with the ECVB in October 2001 which,
in part, required the Bureau to:
• Provide sales and marketing services to attain the maximum benefit for the City's
businesses and maximum usage of its hospitality industries;
• Provide support for City events which promote the City as a visitor destination;
• Produce and distribute Eagan promotional visitor information;
• Participate in the enhancement of community amenities that directly impact
tourism.
The agreement further required that the ECVB prepare its work plan and budget under
the direction of the City's Director of Communication. Both Director Garrison and Chief
Financial Officer Pepper have met with Executive Director Carlon to review budget
proposals.
Major 2004 Initiatives
The Eagan Convention & Visitors Bureau completed a proposed marketing plan
following a retreat with the ECVB Board including Councilmember Carlson and
3q
Administrator Hedges. The marketing plan has been reviewed and updated through a
series of additional meetings.
The major 2003 initiatives, as adopted by the 21-member ECVB board, are to:
1. Promote the Eagan Community Center banquet facility, local meeting spaces
and festival grounds to event planners and through advertisements in a variety
of magazines including Twin Cities Business Monthly.
2. Develop new Band Shell and Festival Ground events including a new winter
attraction of a Dickens Holiday Pond evenings, an Elegant Evening in Eagan
summer event and a 1950s-themed event
3. Increase partnerships with the Metro CVB's and Minneapolis South CVB's to
greater leverage marketing dollars and capture more leads.
4. Enhance Web promotions and links
5. Develop an enhanced package for sport teams participating in Eagan hosted
events.
6. Mark the Eagan Convention & Visitors Bureau 10`h Anniversary and to
commemorate this landmark year with special posters and cards as well as
popular merchandise logo wear for sale
Staff Review
Review and comparison by Director Garrison and CFO Pepper of the 2004 proposed
ECVB budget indicates the following:
• Nearly $45,000 to be spent to promote the Eagan Community Center banquet and
other meeting facilities.
• An increase of 45% for Eagan festivals with the addition of three new events.
• A greater effort to promote all of Eagan's hospitality businesses through the
Eagan Extravaganza showcase.
• Increased spending on events, trade shows, sales, salaries, health insurance, and
education and rent
• Reduced spending on equipment, advertising, promotion, and supplies.
For a copy of the initiatives for 2004 for marketing the City of Eagan's hospitality industry,
the overall marketing plan for the City and the 2004 budget, refer to the 2004 ECVB
Marketing Plan and Budget enclosed without page number.
DIRECTION TO BE CONSIDERED:
The City Council has the choice t o either approve the 2 004 ECVB M arketing P lan and
Budget as presented with or without modification or continue this item to a regular City
Council meeting for adoption as a consent item.
" 7~
VI. JOINT MEETING WITH BURNSVILLE/EAGAN TELECOMMiJNICATIONS
COMMISSION
In keeping with the City Council's expressed wish to meet with all its advisory commissions, the
Council asked for a joint meeting with the BETC to learn the current telecommunications, cable
franchise and community television issues
Chairman Paul Ryan and the commissioners have a few short remarks to make after which they
seek dialog with and input from the Council regarding the desired areas of focus the
Telecommunications Commission should have in the coming year. Communications Director
Garrison and Community Television's Mark Hotchkiss are on hand if any operational questions
arise. Enclosed on page ~ to are the minutes of the BETC's own special work session on
September 24 in preparation for this meeting.
DIRECTION TO BE CONSIDERED:
The City Council may provide any feedback or direction it wishes to the Telecommunications
Commission members. As this is a joint powers commission, any significant changes would also
need to be brought before the Burnsville City Council.
41
MINUTES OF THE
BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION
Special Work Session
September 24, 2003
The Meeting was called to order at 7:50PM by Chair Ryan.
Members Present:
Joe Conlon (Eagan)
Bob Cooper (Eagan)
Alan Miller, Vice Chair (Eagan)
Paul Ryan, Chair (Burnsville)
John Pierce (Burnsville)
Chris Wilkins (Burnsville)
Bill Raker, Secretary/Treasurer (Eagan)
Members Absent:
Steve Chavez, Alternate (Eagan)
Pat Dobrowski, Alternate (Burnsville)
Dale Arendt (Burnsville)
Staff Present:
Mike Bradley, Administrator/Legal Council,
Creighton, Bradley and Guzzetta
Tom Garrison, Communications Director,
City of Eagan
Mark Hotchkiss, Programming Manager
Burnsville/Eagan Community Television
Jim Skelly, Communications Coordinator,
City of Burnsville
~~
Mr. Garrison briefed the Commission concerning the purpose of the October
28, 2003 Joint Meeting with the Eagan City Council, and explained that the
purpose of the Work Session on this day was to plan for the coming Joint
Session.
Mr. Garrison further explained that the goal of the Eagan Council is to meet
with all the city's commissions to be briefed about issues commission
members consider to be important, identify which issues may require
Council attention now or in the future, and to receive feedback from the
Council concerning city priorities requiring the Commission's attention.
Mr. Garrison suggested that the Commission prioritize issues for
presentation to the Council.
The Commission began discussion by identifying several issues that
individual commissioners considered important:
• Work on finding additional funding for the support of Community
Programming, including capital equipment applications. How should
the Commission work with the Cities and Councils to accomplish this
goal? (Pierce and Vice-Chair Miller)
• Remain informed and pro-actively involved with lobbying against the
continuing challenges to franchise fees and peg fees (Vice-Chair
Miller).
• Fostering the migration toward digital technology, both for consumer
and community programming applications. (Vice-Chair Miller).
• Continuing education/conference tuition for Commission and staff
members, and continuing memberships in MALTA and NATOA
(Vice-Chair Miller)
• Clarification of the mission of the Telecommunications Commission
(Sec/Treas. Raker)
• Re-instatement of a full-time Cable Coordinator/Administrator
position (Vice-Chair Miller)
• Review of policies and methodologies for customer complaint
oversight (Pierce)
• Address wider communications technologies and issues than cable
television (Wilkins)
~3
Secretary/Treasurer Raker offered that many of the issues identified by the
Commissioners could be placed in four related areas, and that these areas
represent challenges of which the Council should be apprised:
1. REVENUE -With recent and probable. future developments in
regulatory, technological, and competitive arenas, the BETC has
identified a pressing need and responsibility to preserve and protect
PEG and franchise fees currently being received by the Cities. The
possibilities and consequences of a diminished revenue source are of a
major concern to the BETC, and the outcome may force the Cities to
have to replace the revenue from other sources, or eliminate important
services. The Commission would recommend that the Cities be
proactive with the earliest opportunity, rather than be reactive too late.
2. COMMUNITY PROGRAMMING -The BETC sees a compelling
need to maintain and upgrade critical elements of community
programming infrastructure and capital production equipment, some
of which dates from the early 1980's, and is far beyond the normal life
expectancy of electronic hardware. In order to serve growing
communication needs of the community, replacement of the mobile
studio, which is a 1983 model and has been rebuilt three times,
channel modulation and de-modulation equipment purchased in 1982,
and studio/van cameras and switchers purchased in 1991-1993 is
essential. The BETC believes this is a key initiative for us and for the
Council.
3. THE COMMISSION'S ROLE -The BETC has a sense of
obligation to remain effective in representing the interests of our
residents, and is open to the possibility of widening their oversight to
technologies besides traditional cable, such as telephony and wireless.
The Commission is committed to being properly informed in order to
be able to provide meaningful advice and assistance to the Council(s).
In order to fulfill these expectations, it is essential to have adequate
resources and staff to support the Commission's efforts; opportunities
for relevant education and training for Commissioners; access to
information, trends, and developments, both in Minnesota and around
the nation; and opportunities for networking and sharing views,
information, and strategies with other municipalities and their
Commissioners and staff. It is important the Cities remain members
of organizations like MACTA and NATOA so we can leverage our
efforts and amplify our voice to regulators and legislators.
t~
4. GOALS AND PLANS -The BETC's most immediate goal is the
work with the Council(s) to clarify the Commission's charter and to
jointly develop a set of goals, a master plan, and a timeline for
accomplishing the objectives listed above.
Commissioners agreed with Commissioner Raker's assessment, and Chair
Ryan directed staff to prepare minutes of the Special Meeting by Friday,
October 24th, 2003, so that Commission members could prepare for their
presentation.
The Commission also discussed changing the date of their November 26th
Regular Meeting to either Wednesday, November 19th. Or Wednesday,
December 3`d. and directed staff to check on Chamber availability for these
dates.
MOTION by Miller, SECOND by Conlon to adjourn at 9:lOPM
Date Bill Raker, Secretary/Treasurer
MKH - 10/22/03
J1 [~.-
AGENDA
CITY OF EAGAN
SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
OCTOBER 28, 2003
I. CALL TO ORDER
II. ADOPT AGENDA
III. APPROVE MINUTES
IV. OLD BUSINESS
V. NEW BUSINESS
A. Resolution Approving Amended Purchase Terms within the
Development Contract -Keystone Senior Housing Project
Properties
VI. OTHER BUSINESS
VII. ADJOURNMENT
Agenda Information Memo
October 28, 2003 Eagan Economic Development Authority Meeting
III. APPROVE MINUTES
ACTION TO BE CONSIDERED:
Given the short time period since the most recent EDA meeting, approval of the
minutes will be place on the agenda for the November 6, 2003 Regular EDA
meeting.
47
Agenda Information Memo
October 28, 2003 Eagan Economic Development Authority Meeting
IV. OLD BUSINESS
A. RESOLUTION APPROVING AMENDED PURCHASE TERMS WITHIN
THE DEVELOPMENT CONTRACT -KEYSTONE SENIOR HOUSING
PROJECT PROPERTIES
ACTION TO BE CONSIDERED:
To approve a resolution to amend the purchase agreement with Keystone
Properties for properties located between Cedar Grove Boulevard, Silver Bell
Road and Alder Lane to reimburse Keystone for attorney's fees up to $50,000
and to indemnify and hold Keystone harmless in any and all damages that may
result from the lawsuit brought against the City and the Keystone redevelopment
project by Doris Dahline.
FACTS:
• The City has acquired and has agreed to sell to Keystone Development
properties generally located between Cedar Grove Boulevard, Silver Bell
Road and Alder Lane for the construction of a senior housing facility within
the Cedar Grove Redevelopment Area.
• A neighboring property owner, Doris Dahline, has brought a lawsuit
contesting aspects of the development approvals by the City. While the
City has taken steps to resolve this lawsuit at the earliest practical date,
Keystone has requested that the purchase agreement be amended such
that the City would reimburse Keystone for attorney's fees up to $50,000
and indemnify the company and hold it harmless in any and all damages
that may result from the lawsuit. Other aspects of the purchase
agreement would remain unchanged.
• Prior to Tuesday's meeting, the City Attorney's office will clarify with the
company the scope of the proposed indemnification.
ATTACHMENTS:
• Enclosed on page~_ is a copy of a resolution approving the
amendment of the development agreement purchase terms.
• Enclosed on page ~_ is the proposal for amendments proposed
by Keystone as su~marized by the City Attorney.
~~
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPROVING AMENDED PURCHASE TERMS WITHIN THE
DEVELOPMENT CONTRACT -KEYSTONE SENIOR HOUSING PROJECT
PROPERTIES
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to adopt a Resolution Approving Amended Purchase
Terms within the Development Contract for the Keystone Senior Housing Project
Properties for properties located between Cedar Grove Boulevard, Silver Bell
Road and Alder Lane to reimburse Keystone for attorney's fees up to $50,000
and to indemnify and hold Keystone harmless in any and all damages that may
result from the lawsuit brought against the City and the Keystone redevelopment
project by Doris Dahline.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic
Development Authority of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the
Authority in a special meeting thereof assembled this 21St day of October, 2003.
Gene VanOverbeke, Secretary/Deputy Executive Director
4R
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
SUITE 600
7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA 55124-7580
(952)432-3136
TELEFAX NUMBER (952) 432-3780
E-MAIL bauerr@seversonsheldon.com
TO: Jon Hohenstein, Community Development Director
CC: Thomas A. Hedges, City Administrator
Mike Ridley, City Planner
FROM: Robert B. Bauer, City Attorney
DATE: October 24, 2003
Jon,
Our office received a communication from Keystone Communities wherein it proposes a
modification to the existing Development Contract and Purchase Agreement. Keystone has
requested that the City Council consider an amendment to the Agreement wherein the City
would agree to reimburse Keystone for attorneys' fees associated with the defense of the Dahline
lawsuit up to a maximum of $50,000.00. Keystone has also requested that the City indemnify
and hold Keystone harmless in any and all damages that may result from Ms. Dateline's lawsuit.
~0
Agenda Information Memo -Other Business
October 28, 2003 Eagan City Council
A. RESOLUTION APPROVING AMENDED PURCHASE TERMS WITHIN
THE DEVELOPMENT CONTRACT -KEYSTONE SENIOR HOUSING
PROJECT PROPERTIES
ACTION TO BE CONSIDERED:
To approve a resolution to amend the purchase agreement with Keystone Properties for
properties located between Cedar Grove Boulevard, Silver Bell Road and Alder Lane to
reimburse Keystone for attorney's fees up to $50,000 and to indemnify and hold
Keystone harmless in any and all damages that may result from the lawsuit brought
against the City and the Keystone redevelopment project by Doris Dahline.
FACTS:
The City has acquired and has agreed to sell to Keystone Development properties
generally located between Cedar Grove Boulevard, Silver Bell Road and Alder
Lane for the construction of a senior housing facility within the Cedar Grove
Redevelopment Area.
A neighboring property owner, Doris Dahline, has brought a lawsuit contesting
aspects of the development approvals by the City. While the City has taken steps
to resolve this lawsuit at the earliest practical date, Keystone has requested that
the purchase agreement be amended such that the City would reimburse Keystone
for attorney's fees up to $50,000 and indemnify the company and hold it harmless
in any and all damages that may result from the lawsuit. Other aspects of the
purchase agreement would remain unchanged.
The City Attorney's office will clarify with the company the scope of the
proposed indemnification.
ATTACHMENTS:
• Attachments included in EDA agenda packet.
~l