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02/13/2007 - City Council Special AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 13, 2007 5:30 P.M. EAGAN ROOM-EAGAN MUNICIPAL CENTER 5:30-6 P.M. 1. ROLL CALL AND AGENDA ADOPTION II. VISITORS TO BE HEARD III. REVIEW CITY GAMBLING ORDINANCE AND PROCESS FOR APPLICATIONS AND CHANGES IV. REVIEW CITY CODE AMENDMENT FOR REFUSE AND RECYCLING 6-7 P.M. G~ . la V. MEETING WITH LEGISLATORS TO DISCUSS 2007 LEGISLATIVE PRIORITIES 7 P.M VI. REVIEW ORDINANCE AMENDMENT REGARDING HARBORING OF EGG LAYING CHICKENS VII. REVIEW 2007-2008 CITY GOALS VIII. DAKOTA COUNTY ECONOMIC DEVELOPMENT POLICY IX. ECONOMIC DEVELOPMENT AUTHORITY a. Call to Order b. Adopt Agenda c. Nicols Ridge Alternative Concept ,j/)0 . /a X. DISCUSS ADVISORY COMMISSION TERMS XI. OTHER BUSINESS XII. ADJOURNMENT Agenda Information Memo February 13, 2007, Special Eagan City Council Meeting III. REVIEW CITY GAMBLING ORDINANCE AND PROCESS FOR APPLICATIONS AND CHANGES ACTION TO BE CONSIDERED: To provide direction to staff regarding a request to consider changes to the City's Gambling Regulations. FACTS: • At the November 9, 2006 Listening Session Mr. Norm Gillerman representing the Mendota Heights Athletic Association requested changes to the City's gambling regulations. Staff was directed by the City Council to review the City's gambling regulations and the process for applications and changes. • It is important to note that all charitable gambling is controlled by the State and the City is allowed to authorize charitable gambling on a local level. The State decides who must be licensed and who may be exempt from licensing. At this time Eagan limits licensed charitable gambling to pull- tabs with the activity conducted by nonprofit organizations. Eagan further limits the activity to on-sale liquor licensed establishments. • Exempt organizations as part of the State approval process need to have a resolution approved by the City. These exempt organizations/activities have routinely been approved and gambling that is exempt by State definition has basically been allowed quite freely in Eagan as to location and type. • Eagan is authorized to change its Code as desired by the City Council; however, the balance of the process as to definitions, exempt status, timing, forms, approvals, etc. is controlled by the State and Eagan has no discretion to change any of those items. • Numerous forms of charitable gambling in addition to pull-tabs authorized by the State such as bar bingo, paddlewheel, raffles, and tip boards are prohibited in Eagan at the licensed establishments. • Certain organizations that are exempt from the licensing requirements as outlined in State Statutes are able to conduct forms of charitable gambling that are not allowed in the licensed establishments thereby causing some confusion. • Eagan has chosen not to charge any license or processing fees to either licensed or exempt organizations. The City does collect a $250 investigation fee for the nonprofits applying (first application only) for licensing at the licensed liquor establishments. • Eagan requires that 60% of the proceeds derived from lawful gambling be spent on lawful purposes conducted or located within Eagan's trade area. Nothing is specifically required by the Code for the exempt organizations/activities. • While a complete study has not been undertaken, Police Chief McDonald has noted that most problems with charitable gambling in Eagan result from operator/manager dishonesty leading to crimes of embezzlement or theft. Allowing different forms of gambling may increase the charitable gambling activity and thereby increase exposure to that type of crime, but beyond that there are no specific Public Safety concerns with a potential change to Eagan's Code. • Staff surveyed nine similar cities and generally found fewer restrictions than Eagan has in place and a wide multitude of requirements for distribution of profits. A number of the cities do impose a fee to also generate City revenues from charitable gambling. ATTACHMENTS: • Enclosed on pages- and is a copy of Section 6.35, Gambling of Eagan's City Code. • Enclosed on pages S and _ is a copy of the summary of the information gathered in the survey of other Cities by Mira Pepper, Administrative Secretary/Deputy Clerk. CIL § 6.34 EAGAN CODE upon the third violation, the license shall be suspended for seven days. Upon le fourth or subsequent violation at the same licensed premises that has oc ed since the date on which the city issued its initial license to the licensee u er this ction, the city council shall determine the penalty to be imposed. 2. Ot individuals. Individuals, other than minors regulated b . "subparagraph H(3) rein, found to be in violation of this section sh be charged an adminis tive fee of $50.00, unless the individual is ch ed with a criminal offense ari g out of the same violation. 3. Minors. Minor found in unlawful possession of, or o unlawfully purchase or attempt to purch e, tobacco, tobacco products or obacco related devices shall be handled in the s manner as nay other ' venile or minor charged with a violation of the law. 4. Suspension upon failure pay admin' rative penalty. Any administrative fine imposed hereunder shall b aid b the licensee within 30 days of the date of notice. The licensee's failure t the administrative fine within 30 days of the date of notice shall be ground o suspension of the license and the license shall remain suspended until th dmini ative fine is paid in full, plus any surcharge or interest imposed for a payment. Subd. 20. Exceptions and def ses. A. Religious, spiritual cultural ceremony. Nothin in this section shall prevent the providing of tobac , tobacco products or tobacco rel ed devices to a minor as part of a lawfully reco 'zed religious, spiritual or cultural ce ony with the consent of the minor's par t or legal guardian. B. Relianc f proof of age. It shall be an affirmative defense to th violation of this section for a erson to have reasonably relied on proof of age as descri d by state law. (Code 19 , § 6.34, eff. 1-1-83; Ord. No. 134, 2nd series, eff. 2-28-92; Ord. o. 266, 2nd series, eff. 11- -98; Ord. No. 314, 2nd series, § 1, eff. 6-28-01; Ord. No. 332, 2n series, § 1, eff. 3-2 2) State law reference-Municipal cigarette license, Minn. Stat. § 461.12 et se Sec. 6.35. Gambling. Subd. 1. Purpose. To ensure that charitable gambling in the city is conducted by nonprofit organizations and that the proceeds from such gambling are used primarily for the betterment of the residents and businesses of the community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply only to pull-tabs. Subd. 2. Approval required. It is unlawful for any nonprofit organization to operate or sell pull-tabs in the city without approval from the council. Subd. 3. Applications. A. Applications for pull-tab approval shall be considered and approved by the council at regular meetings. Supp. No. 9 CD6:16 C-6 OTHER BUSINESS REGULATION AND LICENSING § 6.36 B. Only applications submitted by eligible organizations will be considered for approval by the council. C. An applicant nonprofit organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the city or that it is a nationally known charitable organization as determined by the city. Subd. 4. Regulations and restrictions. A. In addition to regulations imposed by the state, all information and reports required to be submitted to the state shall also be submitted to the city, both with the application and on an annual basis. B. Pull-tabs may be sold only in on-sale liquor licensed establishments in the city, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted a temporary license for the operation of pull-tabs in premises other than on-sale liquor licensed establishments for no more than four consecutive days. Subd. 5. Distribution of proceeds. Every organization conducting lawful gambling within the City of Eagan shall expend 60 percent of its expenditures derived from lawful gambling on lawful purposes conducted or located within the City of Eagan or the City of Eagan's trade area. The City of Eagan's trade area is defined as the cities of Apple Valley, Bloomington, Burnsville, Inver Grove Heights, Mendota Heights, Rosemount and Sunfish Lake. Annually, every organization must file with the city, on a form provided by the city, a report signed by an independent certified public accountant, documenting compliance with this section. In addition, every organization must submit a report to the city each January listing all lawful purpose expenditures from January 1 to December 31 of the preceding year. The report shall identify the name of the entity to whom the check was written, the city location of the recipient, and the amount of the donation. (Code 1983, § 6.35, eff. 1-1-83; Ord. No. 50, 2nd series, eff. 6-26-87; Ord. No. 352, 2nd series, eff. 9-12-02) .36. Solicitors. Subd. 1. Purpose. ection is not intended to in any way hinder, delay or int with legitimate business or organiza ctivities. The council finds, howe a solicitors have used public streets and their direct con 'th reside e city for the illegitimate solicitation practices of harassment, nuisanc it, or menacing, troublesome or unlawful activities. This section is ' ed to prevent and pro ainst the existence of illicit, unlawful or frau solicitation in the city. To protect the public's safety and welfare, th eems it necessary to regulate door-to-door or street solicitation t r ration process Supp. No. 10 CD6:17 City AM of Eap 4b~ • To: GENE VANOVERBEKE, DIRECTOR OF ADMINISTRATIVE SERVICES From: MIRA PEPPER, ADMINISTRATIVE SECRETARY / DEPUTY CLERK Date: DECEMBER 5, 2006 Subject: CHARITABLE GAMBLING The cities of Bloomington, Brooklyn Park, Plymouth, Burnsville, Eden Prairie, Minnetonka, Maple Grove, Lakeville and Coon Rapids were contacted regarding their ordinances for charitable gambling. Below is a summary of my findings. • All cities have adopted Minnesota Statute 349 to define who is licensed for charitable gambling. • All cities allow the types of gambling permitted by the State. The State Statute allows for Bar Bingo, Paddlewheel, Pull-tabs, Raffles, and Tipb6ards. • All cities use the State gambling application forms to process the city permits/licenses (along with a resolution by council). • Four cities charge a $250 investigation fee for premise permits. • The rules for distribution of proceeds vary by City. ❖ Burnsville has no regulation ❖ Eden Prairie requires 10% of net profits to a fund to be administered and regulated by the City and 30% of net profits must be spent within the city's trade area. ❖ Minnetonka currently has no establishments with a premise permit and has no policy for distribution of proceeds. ❖ Bloomington requires that 30% be spent within their trade area and a gambling tax of 1/4% of gross receipts is imposed on a monthly basis. ❖ Coon Rapids requires that 10% of net profits be spent within their city with no less than 60% per year of net profits expended within their trade area. ❖ Lakeville has no specific requirements. ❖ Brooklyn Park requires 75% of net profits be expended within the city. ❖ Maple Grove requires 10% of net profits be contributed to a fund administered and regulated by the city; %2 % of gross receipts is charged for local gambling tax; 50% of gross profit must be expended in their trade area. ❖ Plymouth requires 10% of net profits must be contributed to a fund administered and regulated by the City; 75% of net profits must be expended within their trade area. • Five cities required documentation regarding how the proceeds are spent. Four cities do not require documentation. In the City of Eagan, we currently allow only pull tab operations at licensed liquor establishments. Bar bingo, paddlewheels and tipboards are not permitted. Occasional exempt permits for pull-tabs, raffles and bingo are approved for churches, schools, etc. We do not charge a fee for permits but an investigation fee of $250 is charged for new premise permits and are reviewed by the Police Department prior to Council consideration. We process the permits, using the state application forms and a resolution adopted by Council. Our ordinance requires that 60% of proceeds from pull-tabs be expended within Eagan's trade area. We require annual documentation regarding all lawful purpose expenditures. Attached please find a copy of each city's ordinance regarding charitable gambling. I have also attached a copy of State Statute 349 (in part). Let me know if you would like to discuss this issue or require any further information. Agenda Information Memo February 13, 2007, Special Eagan City Council Meeting IV. REVIEW CITY CODE AMENDMENT FOR REFUSE AND RECYCLING ACTION TO BE CONSIDERED: To provide direction to staff regarding a request to consider changes to the City's Code governing refuse and recycling. FACTS: • At the November 21, 2006 Listening Session Mr. David Domack representing Dick's Sanitation discussed a request for a temporary variance from the trash pick-up schedule in order to accommodate a client that has requested single sort recycling service. • The City Council directed that an ordinance amendment that would address such a request be drafted and presented for future review. • It was also suggested that an informational meeting be held with other licensed haulers. • The City Attorney's Office has drafted an Ordinance that would allow for issuance of a temporary exemption permit under certain conditions. • A review of the request and draft ordinance amendment has raised the following public policy questions that are matters to be decided by the City Council 1. Would the issuance of temporary exemptions to the City Code promote a position contrary to the City stated goals of reducing neighborhood trips and neighborhood pick-up days thereby perpetuating citizen concerns? 2. Would the issuance of temporary exemptions have an unintended consequence of interfering with the market regarding competition among licensed haulers? 3. The City's response to citizens about changing dates primarily for convenience reasons has been "not possible"; would exemptions for haulers generate similar requests from individual citizens or neighborhoods that again may be contrary to the City's overall goals? • Upon review of the draft ordinance amendment staff contacted Mr. Domack to gain his perspective in answering the questions in the draft as to area size and number of accounts. The following questions were asked and responded to as noted: Question: The City Attorney's office has asked that I clarify a couple of things with you in their effort to draft the ordinance amendment. How big is the area that you would need the exemption for? (i. e. % square mile, ? ) How many individual household hauling accounts will you be serving that requires the exemption? Response: Here is my recommendation: Have the ordinance read - not to exceed 1 square mile, designate the area with a map, the number of units, the day they currently are, the day the hauler would like to temporarily change them to, and the estimated duration of temporary change of day of pick-up, and reason why the request. Then I would answer your question this way: Dick's Sanitation is requesting a temporary change in the Zone collection of the City of Eagan for Ridgecliff 1st & 2nd. The collection area covers about a 114 square mile of Eagan (see attached map). 210 townhomes - currently a Weds pick-up and our company is requesting a Friday pick-up day - Dick's Sanitation, Inc. is requesting this temporary day for a period of 12 months. We are requesting this change because our client is requesting one stream collection and we do not have a complete route implemented on Weds. therefore, we are requesting a temporary change to better serve our customers needs. Thank you for considering our request. If you have any other questions, please do not hesitate to contact me at 952-469-9870. • At this point the informational meeting with other licensed haulers has not been held pending City Council discussion of the public policy questions. Staff is concerned that the meeting with haulers has the potential to result in a number of requests for exemptions that could conflict with the City's desire to reduce the number of trucks passing through neighborhoods on any particular day and having trucks in neighborhoods on more than one day of the week. It appears that it would be relatively easy for any number of haulers to meet the conditions for an exemption even though the draft as written is intended to be narrow in application. • Mr. Domack has been notified of the meeting. Other haulers and citizens have not been noticed beyond the customary City Council Agenda notice. ATTACHMENTS: • Enclosed on pages on pages through _ is a copy of a draft Ordinance Amendment to Section 6.37, Garbage, refuse, and recycling haulers, of Eagan's City Code. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND RECYCLING" BY AMENDING SECTION 6.37 REGARDING HAULING DISTRICT EXEMPTION PERMIT; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six, Section 6.3 )7, Subd. 4(A)(4), is hereby amended to read as follows: 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. Notwithstanding the weekly collection requirement set forth above, a single family/multiple dwelling-individual household hauler licensee may collect recyclables for single family/multiple dwelling-individual household hauling accounts on a bi-weekly basis provided the licensee complies with the following conditions: (a) The collection of recyclables shall comply with the daily residential hauling district restrictions; (b) The licensee shall permit single-sort recycling whereby the customer may commingle all recyclables in a single container; and (c) The licensee shall provide to the customer a close fitting covered container of not less than 32 gallon capacity and, at a customer's request, the licensee shall provide a larger capacity close fitting covered container to the customer at no additional cost to the customer. 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, or as authorized by the City Council under a temporary exemption permit provided herein. A hauler licensee for single family/multiple dwelling-individual household services may apply to and the City Council may grant a permit for temporary exemption from the daily residential hauling district restrictions subject to the following conditions: /D (a) The exemption permit shall be issued only for bi-weekly single-sort recycling services. (b) The licensee shall provide collection only on the day set forth in the exemption permit. (c) The exemption permit shall be issued for collection services in a limited, specified area, not to exceed [one-quarter (1/4) square mile. (d) An exemption permit shall be effective for a period not to exceed 12 months, subject to a shorter period in the sole discretion and determination of the City Council. (e Only one (1) exemption permit shall be issued to a hauler licensee within a 12-month period and no more than two (2) exemption pen-nits shall be issued to the same hauling licensee. (g) The exemption permit may be granted only upon a showing by the hauling licensee that the permit is necessary to serve a select group of customers (households) and said groom equals X individual household hauling accounts of the licensee. The exemption permit shall terminate if the group's total accounts do not equal X accounts. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Memo Special City Council Meeting February 13, 2007 V. MEETING WITH LEGISLATORS TO DISCUSS 2007 LEGISLATIVE PRIORITIES ACTION TO BE CONSIDERED: There is no formal action required. The purpose of this agenda item is to allow a two way conversation between the City Council and the Eagan Legislative Delegation. FACTS: • The City of Eagan is represented by State Senators Jim Carlson, District 38 and Jim Metzen, District 39, along with State Representatives Rick Hanson, District 39A; Sandra Masin, District 38A; and Lynn Wardlow, District 38B. • The City Council has various opportunities to meet with members of the Eagan Legislative Delegation, including certain Senate and House committee meetings and regional breakfasts-such as the recent meeting sponsored by the MLC Business Forum and the Chamber of Commerce Eggs and Issues Breakfast, • The City Council asked for the opportunity to meet with members of the legislative delegation following the Council's goals retreat, which took place on January 30-31, 2007. • In addition to the many legislative priorities the City of Eagan supports through its membership with the LMC, AMM and MLC, there are also specific goals and issues that were suggested at the retreat as discussion items with the Legislative Delegation. Those suggestions include, but are not limited to: o The need to secure funding sources to expand Eagan's transportation infrastructure. o Awareness to protect the City of Eagan's ability to consider a master plan for high speed broadband and consider any and all options for offering world class internet speed infrastructure and access for Eagan residents and businesses. o Provide the necessary economic development tools to assist the City in revitalization of Eagan redevelopment areas. o Provide legislation that allows greater representation for the City of Eagan on the MAC. o Support for the City's efforts to obtain noise mitigation funding for those areas of the City most impacted by airport noise. • Members of the Legislative Delegation were invited to attend the February 13 Special City Council Work Session from approximately 6:00 to 7:00 p.m. and have also been invited to attend the Airport Relations Commission meeting for the purpose of discussing airport issues facing the community. ATTACHMENTS: A copy of the invitation to the Eagan Legislative Delegation is enclosed on page /14Z City of Eayn Mike Maguire January 16, 2007 MAYOR State Senator Jim Carlson Paul Bakken 75 Rev. Dr. Martin Luther King Jr. Blvd. Peggy Carlson Capitol Building, Room G-9 Cyndee Fields St. Paul, MN 55155-1606 Meg Tilley COUNCIL MEMBERS Dear State Senator Carlson: Thomas Hedges On behalf of the City Council, congratulations on your election to the State Senate. CITY ADMINISTRATOR As the City begins a new year, the City Council would like to continue their tradition of meeting with our legislators to discuss the year ahead. In particular, the Council would like the opportunity to dialogue with you about the legislative needs of the City for the 2007 session. In an effort to facilitate this discussion, all of Eagan's representatives and senators are being invited to attend a joint meeting with the City Council on Tuesday, February 13, from 6-7 p.m. in the Eagan Room at Eagan City Hall. The meeting will be MUNICIPAL CENTER part of the Council's televised workshop that evening. 3830 Pilot Knob Road Eagan, MN 55122-1810 Additionally, the Eagan Airport Relations Commission (ARC) will be meeting at 7 p.m. 651.675.5000 phone on the 13th, and would very much appreciate the opportunity to "piggy back" on your 651.675.5012 fax meeting with the Council so that together, the Commission and Legislators can further 651.454.8535 TDD discuss the legislation the City has proposed with regard to the composition of the Metropolitan Airports Commission (MAC). The ARC's meeting will take place in the City Council Chambers, and to respect your busy schedule, it is anticipated that their meeting with you and your Legislative colleagues will last no longer than 30 minutes. MAINTENANCE FACILITY 3501 Coachman Point In order that we know who will be able to attend either or both meetings, please RSVP to Eagan, MN 55122 Dianne Miller, Assistant to the City Administrator at 651/675-5014 or 651.675.5300 phone dmlller c'ycltyofeaaan.Com. Again congratulations on your election. The City looks 651.675.5360 fax forward to working with you over the next two years. 651.454.8535 TDD Sincerely, www.cityoteagan.com Thomas L. Hedges City Administrator THE LONE OAK TREE The symbol of strength and growth in our community. Agenda Information Memo February 13, 2007, Special Eagan City Council Meeting (New Material after the 12-11-06 Meeting In Bold) VI. REVIEW ORDINANCE AMENDMENT REGARDING HARBORING EGG LAYING CHICKENS ACTION TO BE CONSIDERED: To provide direction to staff regarding a request for an ordinance amendment regarding egg laying chickens in residential areas. FACTS: • On October 6, 2006 City Councilmember Tilley received an email request from Heather Goff, an eighth grader at Dakota Hills Middle School, explaining the research she and her dad completed regarding the raising of egg laying chickens. They correctly concluded that the activity is prohibited by the Eagan City Code and she is therefore inquiring as to the possibility of changing the Code to allow her to raise egg laying chickens in her back yard. • Chapter 10 of the Code, Public Protection, Crimes and Offenses, and specifically Section 10. 12, Animals and fowl-Keeping, transporting, treatment, housing, contains the pertinent regulations. • The Eagan City Code defines chickens as farm animals and states that it is unlawful for any person to keep farm animals in any zoning district except agricultural with the property containing not less than 5 acres. • By way of reference the Code states that farm animals means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens, and honey bees. • Heather is proposing to add a subdivision (8) to section 10.12 providing for the Keeping of Chickens for non-Commercial Uses which is patterned after the old Code section providing for the harboring of carrier pigeons in similar circumstances. That section of the Code has subsequently been amended and the harboring of carrier pigeons now requires property of at least one-half (1/2) acre in size. Her proposed change also includes an approval process with neighboring property owners similar to how Minneapolis addresses the pigeon permitting process. • The raising of chickens in residential areas has not been a prominent issue in Eagan. To staff's knowledge there are no hobby related interests similar to the pigeon clubs, etc. Occasionally the City receives a telephone call inquiring about the permissibility of raising chickens and the limitations have been understood and accepted. Staff has also occasionally enforced this Code provision and asked for the removal of chickens with no significant resistance from owners. It appears that these violations have resulted from a lack of information regarding the Code. • The City of Plymouth began processing a similar request which was subsequently withdrawn in the fall of 2005. Their material is summarized as an attachment. Responses to Eagan's request to other cities for information, while not presented formally, yields similar results. Most cities control the harboring of farm animals either through zoning classifications or through minimum lot size requirements. The answer to the "Do you allow it?" question is "yes", but subject to The subject to is for the most part similar to Eagan's existing Code allowing the harboring of farm animals on agriculturally zoned parcels of at least 5 acres, therefore not allowing the animals in residentially zoned property. • The public policy issues for the City Council are similar to those reviewed while addressing the pigeon permitting process and relate primarily to balancing individual property owner rights with the rights and interests of neighbors and of the broader community. • Heather plans to attend the City Council meeting and probably would like to make a limited presentation and be available to answer questions. • The City Council considered this item at its Special meeting on December 11, 2006 and directed staff to further research the issue and reschedule consideration for another meeting. • The following questions were raised and are answered as follows: o How much space does a chicken need (running loose versus in a coop)? In general laying hens require 1.5 square feet/bird inside and 8 square feet/bird in outside runs, although sources vary on the actual required square foot numbers. o Can the City require sign off (specified approval level) by neighbors? Per City Attorney Dougherty, Eagan does not have statutory authority to require neighborhood approval for permitting the harboring of chickens. o How is lot size affecting other cities surveyed; are there other factors affecting issuance of permits? It is difficult to determine the role lot size plays in the administrative decision to permit or not to permit the harboring of chickens in residential areas in other communities. The most consistent factor seems to be the potential impact on neighboring property owners with lot size being one method to limit the impact. o Is there any national research available regarding access to organic foods primarily in suburban settings? In checking with two natural food stores, access to organic eggs does not appear to be a problem. Organic eggs are supplied to the stores through grocery and dairy vendors and directly from farms that meet the certification requirements (feed, antibiotics, hormones, etc.) to be considered organic. Staff was not able to find definitive national research to answer the question regarding the availability of natural foods; however a web search turns up numerous suppliers across the country. • Staff has been contacted by the Reuters who were active in the pigeon issue on Princeton Trail and are interested in this request. • Staff has notified the Goffs, the Reuters, and Susan Friel about the meeting per their requests. • An email which was also published as a letter to the editor was received from Mr. Joseph Soruco, Heather Goff's science teacher at Dakota Hills Middle School. He wrote in support of Heather's efforts. ATTACHMENTS: • Enclosed on pages on pages through is a copy of Section 10.12, Animals and fowl-Keeping, transporting, tre tment, housing of Eagan's City Code. • Enclosed on pages through is a copy of the emails from Heather, her proposed ordinance amendment, and her copies of the relevant Minneapolis and St. Paul ordinances. • Enclosed on page is a copy of pictures of a particular chicken coop displayed on the website referred to in Heather's email. • Enclosed on page is a copy of a matrix of information summarized by the City of Plymouth in fall of 2005. • Enclosed on pages 39 and is a copy of the minutes from the December 11, 2006 Special City Council meeting. • Enclosed on page is a copy of an email from Heather Goff providing responses to some of the questions that were asked at the December meeting. • Enclosed on page `T1 is a copy of an email in opposition to a variance to the ordinance. • Enclosed on pages through is a copy of the homeowners covenants received form the homeowners association. • Enclosed on pages- through- is a copy of correspondence from the Mill Run path neighborhood requesting that the Code not be changed. • Enclosed on page is a copy of a response to the homeowners association material fr m Mr. Bruce Goff. PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.12 (2) :,e dog, cat, or ferret was revaccinated for rabies immedi y after posure, at which time the 40-day period shall begin; (3) A written report as required by state law is received y the board of al health. (b) Any qu tine of a dog, cat, or ferret under this su aragraph shall be in accordance 'th subparagraph B, item 1(b) of thi subdivision. (c) If the dog, cat, ferret dies or shows signs of ' ess or escapes, the animal control officer o olice department mus a notified immediately, the confinement, testin d treatment cost , in addition to all other expenses incurred as the result a dog, cat, or - rret bitten by another animal, shall be at the expense of the ner of a dog or cat bitten. (d) In the event that a certificate urrent rabies inoculation is not provided or the owner of the dog, cat, or bitten failed to comply with the provisions herein or, upon a reason le sus p' ion that the dog, cat, or ferret may be rabid, the dog, cat, or rret shall be ediately seized and subject to the necessary test by doctor of vete ' medicine for the purpose of determining if ' is infected with rabie and shall be quarantined as provided ins paragraph B, item 1(b) of this bdivision. Any animal, other than a dog, cat, or ferret which has bitten a g, cat, or ferret shall be destroy and taken to the university diagnostic 1 to be determined if the has been infected with rabies. (Code 1983, § 10.11 .1-1-83; Ord. No. 135, 2nd series, eff. 4-17-92; Ord. o. 165, 2nd series, eff. 5-14-93; Ord o. 203, 2nd series, eff. 7-13-95; Ord. No. 252, 2nd series, 1-15-98; Ord. No. 263, 2nd Ties, eff. 6-25-98; Ord. No. 270, 2nd series, eff. 12-24-98; Or o. 281, 2nd series, eff. 1-99; Ord. No. 305, 2nd series, 1-6, eff. 9-20-01; Ord. No. 324, nd series, 1-8 11-22-01; Ord. No. 370, 2nd series, 1-5, eff. 12-11-03) C s references-Kennels, § 6.38; pet shops, § 6.43. ate law references--Animals generally, Minn. Stat. § 346.01 et seq.; dogs and ts, . Stat. § 347.01 et seq. Sec. 10.12. Animals and fowl-Keeping, transporting, treatment, housing. Subd. 1. Definitions. As used in this section, the following definitions shall apply. A. Farm animals means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. B. Animals include farm animals and all other animals, reptiles, and feathered birds or fowl, except dogs, cats, ferrets, gerbils, hamsters, rabbits, and caged household birds. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in that portion of the city zoned agricultural and containing not less than five acres, or (2) animals kept as part of a show licensed under the City Code, or (3) animals used in a parade for which a permit has been issued, or (4) animals kept in a Supp. No. 11 CD10:17 PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.12 laboratory for scientific or experimental purposes, or (5) animals kept in ananimal hospital or clinic for treatment by a licensed veterinarian, or (6) animals kept in a pet shop licensed under the City. Code, or (7) as otherwise provided in this section. Subd. 2(a). Kennels. It is unlawful for any person to keep or harbor a total of four or more dogs, cats, ferrets, or rabbits, or a combination thereof, over six months of age, without first obtaining a kennel license from the city as regulated in Chapter 6 of this Code. Subd. 3. Animals in transit. It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or (2) farm animals being transported in a portion of the city zoned agricultural, or (3) restrained by means of bridles, halters, ropes or other means of individual restraint. Subd. 4. aeatment. It is unlawful for any person to treat any animal, as herein defined, or any other animal in a cruel or inhumane manner. Subd. 5. Housing. It is unlawful for any person to keep any animal, as herein defined, or any other animal in any structure infested by rodents, vermin, flies or insects or inadequate for protection against the elements. Subd. 6.. D-espasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission therefor from the owner. Subd. 7. Harboring carrier pigeons. A. Def%nitions. As used in this subdivision, the following definitions shall apply: 1. Carrier pigeon means any homing or racing pigeon which has the name of the owner stamped upon the wing or tail or is banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band. 2. Homing pigeon and racing pigeon mean a pigeon registered with a national pigeon racing organization and used as a game and competitive bird. Homing and racing pigeons shall not constitute "fowl" as otherwise used in this section unless such pigeons are raised for food or for similar commercial purposes. 3. Loft means one or more structures in which carrier pigeons are housed. 4. Pigeon means a member of the family Columbidae. B. Carrier pigeon permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any carrier pigeon without first obtaining a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. C. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. A permit hereunder may not be renewed unless an application is filed pursuant to this subdivision and the animal Supp. No. 9 CD10:18.1 § 10.12 EAGAN CODE control officer inspects the premises and lofts thereof. All applications for permit renewal shall be filed within 60 days prior to the expiration of the present operating permit. The application shall include, but not be limited to, the following: 1. The name and addresses of the following persons: (a) The applicant signed thereto; and (b) The owner or owners of the premises on which carrier pigeons are sought to be kept for which the application is submitted; 2. The location and legal description of the premises on which carrier pigeons are sought to be kept; 3. The number of carrier pigeons kept and harbored on the premises; 4. Verification of identification marks stamped on each carrier pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stamped on the band; 5. A sketch plan of the premises on which carrier pigeons are sought to be kept, including the location, dimensions and design of the loft; and 6. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The council may, as provided in this subdivision, grant or refuse to grant a permit hereunder. The council may refuse to grant a permit hereunder for any of the following reasons: 1. The application is incomplete and contains false, fraudulent or deceptive state- ments. 2. The applicant has not complied with one or more of the provisions hereunder. 3. The premises or loft thereof for which the permit is sought is not in compliance with all provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 4. The applicant or owner of the premises or carrier pigeons harbored or kept thereon has been convicted of a violation under this subdivision. E. Conditions of permit. A permit granted by the council hereunder shall be subject to the following conditions and to such other conditions as the council may deem necessary and expedient for the protection of health, safety and general welfare of the city: 1. Inspection. The premises and loft(s) thereon for which a permit is issued shall at all reasonable times be open to inspection by the animal control officer or any other city official to determine compliance with this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 2. Transferability of permit. Any permit issued hereunder shall be nontransferable except upon application to and with the consent of the council. An application for the transfer shall be made as an application for issuance of the initial permit and Supp. No. 9 CD10:18.2 PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.13 shall conform in all respects with the provisions of subparagraph B, above, governing the filing of the original application. The application for transfer is to be accompanied by a transfer fee as to be determined by the council. 3. Specifications. The construction and location of the loft shall be in compliance with the building and zoning regulations of the city and the following require- ments: (a) No more than two lofts, of which each shall not be greater in size than 24 feet x 12 feet x 14 feet shall be on the premises. (b) No more than 100 pigeons over three months of age shall be kept or harbored on the premises for which the permit applies. (c) No loft shall be within 25 feet of any inhabited dwelling. (d) Each loft shall be maintained in a clean and sanitary condition and kept in good repair, including the removal and disposal of all pigeon waste weekly or more often as required to, keep the loft -in a sanitary and odor-free condition. (e) Each loft shall have at least two square feet of floor space for each mature carrier pigeon kept therein. (f) All carrier pigeons shall be fed within the confines of the loft, and all feed for the carrier pigeons shall be stored in such containers as to protect against infestation of rodents and other vermin. (g) All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; provided no carrier pigeon shall be released for flying within eight hours of its feeding. (h) No pigeon shall perch or linger on the buildings or property of others. F. Revocation of permit. Any violation of any provision of this section or any conditions of the permit issued hereunder or any misdemeanor and petty misdemeanor conviction of the permit holder under this subdivision shall constitute grounds for revocation of a permit issued hereunder. (Code 1983, § 10. 12, eff. 1-1-83; Ord. No. 149, 2nd series, eff. 10-30-92; Ord. No. 270, 2nd series, eff. 12-24-98; Ord. No. 307, 2nd series, § 1, eff. 9-20-01) Cross references-Kennels, § 6.38; pet shops, § 6.43. Se 10.13. Trapping prohibited; exceptions. Subd. 1. De . The following terms, as used in this section, shall hav meanings stated: A- Trap means any device, snare, li et, bird line, ferret, hawk, vehicle or contrivance whatever used to sn or otherwise restrain the free movement of animal s. B. Tra eans the act of setting, laying or possession with intent to lay a trap. Supp. No. 12 CD10:18.3 Tom.... pls. share with other council members and let me know how I should proceed with a response to Heather.... she is quite the grown your lady. meg >Dear Councilwoman Tilly, My name is Heather Gaff and I am an eighth grader at Dakota Hills. In >the past year, my father and I read an article in the newspaper about >raising egg laying chickens. We have done our research and think a >small group of chickens would work in our medium sized yard. >However, my dad did other research and found out that this is illegal >in our city ordinances. He even called the animal patrol here and asked >if it would be a big deal. Although she thought it would be cool to >have chickens, she was clear that she would have to take them'away >under the current law. >So now, before I can learn about raising chickens I have to learn about >changing this law. Since you have been involved in Eagan politics a >long time, I am hoping that you can take my information and let me know >how to proceed. The animal control officer did say that others have had >their chickens removed just this year, so I know we are not the only >ones with this interest. >Please look at the attached.document that lays out our basic proposal. >I have included our thoughts, plus information from other cities that >allow chickens. >If you could get back to me and let me know what else we can do and >whether (because of your experience) you can tell me if something like >this has a chance of changing it would be greatly appreciated. >Sincerely, >Heather Goff >P.S. The type of chicken coop we were planning on buying can be seen at >www.henspa.com along with many other coops. >P.P.S. The magazine "USA Weekly" in its September 24, 2006 edition had an article about how owning a small backyard chicken flock is becoming -very popular right now. If you have access, it would be good to read also. Gene VanOverbeke From: Tom Hedges Sent: Monday, October 09, 2006 8:49 AM To: Jon Hohenstein; Gene VanOverbeke Subject: FW: Citizen request Attachments: Chicken Proposai.doc Chicken- 'roposa aloe (66 KB;, Sorry, the attachment -----Original Message----- From: Heather Goff [mailto:heathex.goff@comcast.net) Sent: Saturday, October 07, 2006 12:28 PM To: Tom Hedges Subject: Citizen request Dear Mr. Hedges, My dad and I have already researched the code and understand the restrictions. We would like to know if this issue has been brough up recently and if not how to change it. Here are some thoughts that my dad helped me work on.- Ms. Tilley might have already forwarded this attachment to you along with our letter to her. Thank you, Heather Goff Original Message From: "Margaret Tilley" <megtil1ey2002@hotmail.com> To: <heather.goff@comcast.net> Sent: Friday, October 06, 2006 12:43 PM Subject: RE: Your request > Hi Again I have given your request to our City Administrator, Tom > Hedges (THedges@cityofeagan.com) and he is going to check out the city > code regulations relative to raising egg laying chickens in a residentail > neighborhood. He will get back to you to let you know what is permissible > and/or what is not. > Thanks for your inquiry. E-mail anytime you have a city concern. > Meg 1 Proposed: A revision of Eagan City Ordinance 10.12 to permit the keeping of egg producing -------------chickens.---- Action to be considered: Update the city code so that individual home owners can own and maintain a small group of female chickens for the purpose of non-commercial egg laying and enjoyment of the animals. Facts: Eagan code already allows for the keeping of 4 dogs, cats, ferrets, and rabbits Eagan code already has a permit process for keeping up to 100 homing pigeons. A group of 4 chickens will produce 3 eggs daily during the summer months and can produce eggs throughout the year. This size flock will meet the typical family's needs for egg consumption. A rooster is not needed. A small group of egg-laying hens will help control bug population, contribute to healthier soil for gardening, and allow families to be more directly connected to their own food choices. Modern chicken shelters are safe, healthy, in-some cases mobile, and will not . detract from property values. Neither the State of Minnesota nor the City of Eagan has a long-term plan for feeding its population in the event of a major disaster. Eagan encourages its citizens to have food available and make plans for natural and man-made disasters. A small group of chickens, similar to a small group of rabbits, has been a historical necessity in previous generations during times of crisis (e.g. Victory Gardens in WWII). Citizens will not be able to take advantage of these solutions to their planning needs after a crisis has begun. Both St. Paul and Minneapolis, cities with higher density housing and generally smaller lot sizes have procedures for raising small groups of chickens. Proposed Language: Sec. 10.12. Animals and fowl--Keeping, transporting, treatment, housing. Subd. 1. Definitions. As used in this section, the following definitions shall apply: A. Farm animals means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. B. Animals include farm animals and all other animals, reptiles, and feathered birds or fowl, except dogs, cats, ferrets, gerbils, hamsters, rabbits, and caged household birds. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in that portion of the city zoned agricultural and containing not less than five acres, or (2) animals kept as part of a show licensed under the City Code, or (3) animals used in a parade for which a permit has been issued, or (4) animals kept in a laboratory for scientific or experimental purposes, or (5) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian, or (6) animals kept in a pet shop licensed under the City Code, or (7) as otherwise provided in this section. Subd. 2(a). Kennels. It is unlawful for any person to keep or harbor a total of four or more dogs, cats, ferrets, or rabbits, or a combination thereof, over six months of age, without first obtaining a kennel license from the city as regulated in Chapter 6 of this Code. Subd. 3. Animals in transit. It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or (2) farm animals being transported in a portion of the city zoned agricultural, or (3) restrained by means of bridles, halters, ropes or other means of individual restraint. Subd. 4. Treatment. It is unlawful for any person to treat any animal, as herein defined, or any other animal in a cruel or inhumane manner. Subd. 5. Housing. It is unlawful for any person to keep any animal, as herein defined, or any other animal in any structure infested by rodents, vermin, flies or insects or inadequate for protection against the elements. Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission therefor from the owner. Subd. 7. Harboring carrier pigeons. A. Definitions. As used in this subdivision, the following definitions shall apply: 1. Carrier pigeon means any homing or racing pigeon which has the name of the owner stamped upon the wing or tail or is banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band. 2. Homing pigeon and racing pigeon mean a pigeon registered with a national pigeon racing organization and used as a game and competitive bird. Homing and racing pigeons shall not constitute "fowl" as otherwise used in this section unless such pigeons are raised for food or for similar commercial purposes. 3. Loft means one or more structures in which carrier pigeons are housed. 4. Pigeon means a member of the family Columbidae. B. Carrier pigeon permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any carrier pigeon without first obtaining ~s a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. C. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. A permit hereunder may not be renewed unless an application is filed pursuant to this subdivision and the animal control officer inspects the premises and lofts thereof. All applications for permit renewal shall be filed within 60 days prior to the expiration of the present operating permit. The application shall include, but not be limited to, the following: 1. The name and addresses of the following persons: (a) The applicant signed thereto; and (b) The owner or owners of the premises on which carrier pigeons are sought to be kept for which the application is submitted; 2. The location and legal description of the premises on which carrier pigeons are sought to be kept; 3. The number of carrier pigeons kept and harbored on the premises; 4. Verification of identification marks stamped on each carrier pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stamped on the band; 5. A sketch plan of the premises on which carrier pigeons are sought to be kept, including the location, dimensions and design of the loft; and 6. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The council may, as provided in this subdivision, grant or refuse to grant a permit hereunder. The council may refuse to grant a permit hereunder for any of the following reasons: 1. The application is incomplete and contains false, fraudulent or deceptive statements. 2. The applicant has not complied with one or more of the provisions hereunder. 3. The premises or loft thereof for which the permit is sought is not in compliance with all provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 4. The applicant or owner of the premises or carrier pigeons harbored or kept thereon has been convicted of a violation under this subdivision. E. Conditions of permit. A permit granted by the council hereunder shall be subject to the following conditions and to such other conditions as the council may deem necessary and expedient for the protection of health, safety and general welfare of the city: 1. Inspection. The premises and loft(s) thereon for which a permit is issued shall at all reasonable times be open to inspection by the animal control officer or any other city official to determine compliance with this subdivision, other City Code ~ ~o provisions or state laws relating to zoning, health, fire, building or safety regulations. 2. Transferability of permit. Any permit issued hereunder shall be nontransferable except upon application to and with the consent of the council. An application for the transfer shall be made as an application for issuance of the initial permit and shall conform in all respects with the provisions of subparagraph B, above, governing the filing of the original application. The application for transfer is to be accompanied by a transfer fee as to be determined by the council. 3. Specifications. The construction and location of the loft shall be in compliance with the building and zoning regulations of the city and the following requirements: (a) No more than two lofts, of which each shall not be greater in size than 24 feet x 12 feet x 14 feet shall be on the premises. (b) No more than 100 pigeons over three months of age shall be kept or harbored on the premises for which the permit applies. (c) No loft shall be within 25 feet of any inhabited dwelling. (d) Each loft shall be maintained in a clean and sanitary condition and kept in good repair, including the removal and disposal of all pigeon waste weekly or more often as required to keep the loft in a sanitary and odor-free condition. (e) Each loft shall have at least two square feet of floor space for each mature carrier pigeon kept therein. (f) All carrier pigeons shall be fed within the confines of the loft, and all feed for the carrier pigeons shall be stored in such containers as to protect against infestation of rodents and other vermin. (g) All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; provided no carrier pigeon shall be released for flying within eight hours of its feeding. (h) No pigeon shall perch or linger on the buildings or property of others. F. Revocation of permit. Any violation of any provision of this section or any conditions of the permit issued hereunder or any misdemeanor and petty misdemeanor conviction of the permit holder under this subdivision shall constitute grounds for revocation of a permit issued hereunder. F`Svbd 8~ Keepin g of Chickens for non-Commercial Uses sr, A. Definitions. As used in this subdivision, the following definitions shall apply: 1. Chicken means any female of the species of used for non-commercial purposes and shall not constitute "fowl" as otherwise used in this section. 2. Coop means the structures in which chickens are housed. B. Chicken raising permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any chicken without first obtaining a permit therefore from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. C. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. A permit hereunder may not be renewed unless an application is filed pursuant to this subdivision and the animal control officer inspects the premises and lofts thereof. All applications for permit renewal shall be filed within 60 days prior to the expiration of the present operating permit. The application shall include, but not be limited to, the following: 1. The name and addresses of the following persons: (a) The applicant signed thereto; and (b) The owner or owners of the premises on which chickens are sought to be kept for which the application is submitted; 2. The location and legal description of the premises on which chickens are sought to be kept; 3. The number of chickens kept on the premises; 4. A sketch plan of the premises on which chickens are sought to be kept, including the location, dimensions and design of the coop. 5. The signature of 80% of the adjoining, same side of street, property holders granting permission to have a chicken coop under this ordinance; and 5. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The council may, as provided in this subdivision, grant or refuse to grant a permit hereunder. The council may refuse to grant a permit hereunder for any of the following reasons: 1. The application is incomplete and contains false, fraudulent or deceptive statements. 2. The applicant has not complied with one or more of the provisions hereunder. 3. The premises or coop thereof for which the permit is sought is not in compliance with all provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 4. The applicant or owner of the premises has been convicted of a violation - under this-subdivisions - - E. Conditions of permit. A permit granted by the council hereunder shall be subject to the following conditions and to such other conditions as the council may deem necessary and expedient for the protection of health, safety and general welfare of the city: 1. Inspection. The premises and coop thereon for which a permit is issued shall at all reasonable times be open to inspection by the animal control officer or any other city official to determine compliance with this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 2. Transferability of permit. Any permit issued hereunder shall be nontransferable except upon application to and with the consent of the council. An application for the transfer shall be made as an application for issuance of the initial permit and shall conform in all respects with the provisions of subparagraph B, above, governing the filing of the original application. The application for transfer is to be accompanied by a transfer fee as to be determined by the council. 3. Specifications. The construction and location of the coop shall be in compliance with the building and zoning regulations of the city and the following requirements: (a) No more than one (1) coop, of which each shall not be greater in size than 12 feet x 6 feet x 6 feet shall be on the premises. (b) No more than 6 chickens over 6 months of age shall be kept or harbored on the premises for which the permit applies. No roosters shall be kept at all. (c) No coop shall be permanently affixed within.25 feet of any inhabited dwelling. (d) Each coop shall be maintained in a clean and sanitary condition and kept in good repair, including the removal and disposal of all chicken waste weekly or more often as required to keep the coop in a sanitary and odor-free condition. (e) Each coop shall have at least two square feet of floor space for each mature chicken kept therein. (f) All chickens shall be fed within the confines of the coop, and all feed for the chickens shall be stored in such containers as to protect against infestation of rodents and other vermin. (g) No chicken shall perch or linger on the buildings orproperly of others. F. Revocation of permit. Any violation of any provision of this section or any conditions of the permit issued hereunder or any misdemeanor and petty misdemeanor conviction of the permit holder under this subdivision shall constitute grounds for revocation of a permit issued hereunder. Attachment 1 - Minneapolis Ordinance 70.10. Permit required.(a) No person shall anywhere in the city keep, harbor, or maintain care, custody, or control over any small animal or any fowl such as a chicken, turkey, or duck, or any pigeon, without obtaining a permit therefor issued by the commissioner of health or their designee. (b) The commissioner of health or their designee may grant any permit pursuant to this section after the applicant has sought the written consent of at least eighty (80) percent of the occupants of the several descriptions of real estate situated within one hundred (100) feet of the applicant's real estate. Such written consent shall be required on the first and initial application and as often thereafter as the commissioner of health or their designee deems necessary. (c) No permit shall be granted to keep any animal, fowl, or pigeon within a dwelling unit or part thereof, nor on any real estate which contains three (3) or more dwelling units. (d) This section shall not apply to dogs, cats, ferrets, or rabbits nor to veterinarians or licensed pet shops or licensed kennels. (Code 1960, As Amend., § 814.010; Ord. of 6-13-75, § 2; Ord. of 3-12-76, § 1; 85-Or-040, § 1, 2-22-85; 2005-Or-085, § 2, 9-23-05) 70.20. Application for permit.Any person desiring a permit under this chapter shall make written application therefor to the commissioner of health upon a form prepared by the commissioner of health, which application shall describe the real estate upon which it is desired to keep any animals and shall require the giving of such information by the applicant as the commissioner of health may desire. Such application shall contain a statement by the applicant that he will "at all times keep such animals in accordance with all conditions prescribed by the commissioner of health and failure to obey such conditions shall be a violation of this chapter and shall be cause for cancellation of the permit by the commissioner of health." (Code 1960, As Amend., § 814.020; Ord. of 6-13-75, § 2) 70.30. Duration of permit; fee.(a) All permits issued hereunder shall expire on February first next after its issuance unless sooner revoked. (b) The annual fee for a permit shall be ten dollars ($10.00) which shall be paid at the time of the making of the application therefor. (Code 1960, As Amend., § 814.030; Ord. of 6-13-75, § 2; 77-Or-147, § 1, 7-15-77; 78-Or-253, § 1, 12-14-78; 85-Or-040, § 2, 2-22-85) 70.40. Conditions for keeping animals or fowl; revocation of permit.The commissioner of health may prescribe general conditions for the keeping of animals or fowl and specific conditions as to a particular animal or fowl or particular premises as in his or her judgment are necessary to safeguard public health and the general welfare. The commissioner of health may revoke any permit granted pursuant to this chapter if any such condition is violated or if any pet becomes a public nuisance. (Code 1960, As Amend., § 814.040; Ord. of 6- 13-75, § 2) 70.50. Refusal to grant permit.The commissioner of health may refuse a permit to keep or maintain animals or fowl hereunder for failure to comply with the provisions of this chapter, and shall refuse a permit if in his or her judgment such, animals or fowl should not be kept upon the premises described in the application for the permit. If any such permit is refused, the fee paid with the application shall be retained by the city to pay its expenses in the investigation and consideration thereof and be applied as provided in section 70.60. (Code 1960, As Amend., § 814.050; Ord. of 6-13-75, § 2; Pet. No. 248858, § 7, 3-31- 89) 70.60. Dispersal of permit fees.The city finance officer shall at the close of each month credit one-third of the permit fees collected under the provisions of this chapter to the council/clerk subdivision of the current expense fund, other than personal, to meet the cost and expense of publication of notices in the official newspaper of the city, and other similar expenses, and two-thirds thereof to the department of health fund to meet the cost and expense of the commissioner of health in connection with the inspection of premises and promulgation of any general or special order relative to the enforcement of this chapter. (Code 1960, As Amend., § 814.060; Ord. of 6-13-75, § 2) 70.70. Enforcement.The commissioner of health or the commissioner's duly authorized appointees shall enforce the provisions of this chapter. (Code 1960, As Amend., § 814.070; Ord. of 6-13-75, § 2; Pet. No. 248858, § 8, 3-31-89) Attachment 2 - St. Paul Ordinance Sec. 198.02. Permits required; exceptions. (a) Hoofed animals. No person shall stable, keep or permit any hoofed animal to remain on any lot or premises within the city without a permit. (b) Small animals and birds of the orders Anseriformes and Galliformes. No person shall keep or permit more than one (1) live rabbit, or any mink, ferret, chicken, turkey, duck, goose or pigeon or similar small animal or bird, in any dwelling or on the same lot or premises with a dwelling or other premises within the city without a permit. This paragraph does not apply to any single dove or any other small bird, or any chinchilla, hamster, gerbil, white rat, mouse or guinea pig maintained as a pet. (c) Public health and safety. To protect any person or neighboring use, or to protect the public health and safety, the environmental health officer may require permits for any animals being kept or maintained in a manner or number that may result in unsanitary conditions, unreasonable noise or odors, or annoyance, or the attraction of rodents or insects. (d) Bees. No person shall keep or allow to be kept any hive or other facility for the housing of bees within the city without a permit. (e) Wild or exotic animals. No person shall keep or allow to be kept any wild or exotic animal within the city without a permit, whether or not the keeping of such animal is licensed by the state or federal government. (f) Maximum number of cats. No person shall keep, harbor or maintain more than three (3) cats of over the age of three (3) months within any individual dwelling unit within the city without a permit. (g) Exceptions. This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or show; nor does it apply to any public zoo, or persons temporarily keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bona fide research institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided. (C. F. No. 93-231, § 1, 3-18-93; C. F. No. 97-285, § 2, 4-9-97) Sec. 198.03. Keeping of certain animals absolutely prohibited; exceptions. (a) Prohibited animals. No person shall keep, maintain or harbor within the City of Saint Paul any of the following animals: (1) Any animal or species prohibited by federal or Minnesota law. (2) Any exotic animal or species when kept in such numbers or in such a way as to constitute a likelihood of harm to the animals themselves, to human beings or to the property of human beings, or which constitutes a public or private nuisance. ~C";,\ (3) Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies. (4) Any regulated animal obtained after January 1, 2005. (5) Any member of the family Canidae, such as wolves, dingoes, coyotes and jackals, except domesticated dogs. (6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and wolves. (7) Any raccoon. (8) Any red-eared turtle (Pseudemys scriptae-legans) with a shell length of less than four(4) inches. Any person keeping any prohibited animal identified above may have it seized immediately by animal control. (b) Exceptions. (1) This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or show; nor does it apply to any public zoo, or persons keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bona fide research institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided. (2) In the case of regulated animals, those exemptions listed in Minn. Stat. § 346.155, subd. 7 shall apply. (C.F. No. 93-231, § 1, 3-18-93; C.F. No. 97-285, § 3,4-9-97; C.F. No. 05-630, § 1,8-10-05) Sec. 198.04. Permit; application, procedures, term and fee. (a) Application. Any person desiring a permit required under the provisions of section 198.02 shall make written application therefor to the environmental health officer upon a form prescribed by and containing such information as required by the environmental health officer. Among other things, the application shall contain the following information: (1) A description of the real property upon which it is desired to keep the animal or animals. (2) The species and number of animals to be maintained on the premises. (3) A statement that the. applicant/permittee will at all times keep the animals in accordance with all the conditions prescribed by the environmental health officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and grounds for cancellation of the permit. (4) Such other and further information as may be required by the environmental health officer. (b) Consent. The applicant for any permit required under the provisions of section 198.02 shall provide with the application the written consent of seventy-five (75) percent of the owners or occupants of privately or publicly owned real estate within one hundred fifty (150) feet of the outer boundaries of the premises for which the permit is being requested or, in the alternative, proof that applicant's property lines are one hundred fifty (150) feet or more from any structure. However, where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants of property located on the opposite side of the street. Where a property within one hundred fifty (150) feet consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. (c) Fees; term of permit. For all permits issued hereunder, the fee shall be established by ordinance as provided in section 310.09(b) of the Legislative Code. The term of the permit shall be one (1) year from date of issuance, and the permit may be renewed from year to year with payment of an additional fee, established by ordinance as provided in section 310.09(b) of the Legislative Code, upon application to the environmental health officer; provided, however, that upon any adverse action or violation of the conditions of the permit or substantial amendment to the permit application as originally described, a new application, fee and investigation may be required before the granting of a permit or renewal thereof. (d) Investigation by environmental health officer; may grant permit. The environmental health officer shall make such investigation as is necessary and may grant, deny or refuse to renew any application for permit under this chapter. (e) Permit, conditions. If granted, the permit shall be issued by the environmental health officer and shall state the conditions, if any, imposed upon the permittee for the keeping of animals under the permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the environmental health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the environmental health officer for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such animals. (f) Refusal to grant or renew a permit. The environmental health officer may refuse a permit to keep or maintain animals hereunder for failure to comply with. the provisions of this chapter, if the facilities for the keeping of the animals are or become inadequate for their purpose, if the conditions of the permit are not met, if a nuisance condition is created, or if the public health and safety would be unreasonably endangered by the granting of such permit. (g) Numbers of animals; species. The permit shall state the maximum number and species of animals which may be maintained on the premises. The permittee shall not exceed the maximum number of animals allowed on the permit or substitute the animals with different species. A permittee that wishes to increase the number of animals allowed or to substitute or add a different species to those listed on the permit, shall be required to apply for a new permit and pay the appropriate fee. (C.F. No. 95-520, § 1, 6-7-95; C.F. No. 97-285, § 4, 4-9-97) Hen Chalet on Stilts See the Hen Chalet on Wheels to view the features of the Hen Chalet i ~h1 1. su.. _ r 64- { :.a is - 4F. The model with the skirt is provided for neighborhoods where the sight of chicken dropping may be problematic. A tarp on the ground can catch the droppings, increasing the ease of moving them to our garden for fertilizer. File 2005116 ; VV% 0 Page 2 u- V ot VA Other Cities' Requirements Staff has completed a review of other cities ordinances to find out how they are regulated elsewhere. The following table summarizes the surrounding communities regulations. Plymouth regulations are also shown for comparison. City Permitted? Special Approvals Specific Min lot Specific Max # Needed? Zoning size? Nuisance Permitted District? language Anoka Yes .No No No No NA Coon Rapids Yes No No 5 acres No NA Crystal Yes If more than 3 or No No Yes None if caged animals are kept and inside a outside home Golden Valle No- Ham Lake Yes Yes (temp CUP) Yes No Yes 15 Maple Grove Yes No Yes 1 acre No Ratio to lot size Medina No Minnetonka Yes If max # exceeded No '/2 acre Yes 5 per 'A acre -Minneapolis Yes Yes No No No No New Hope Yes If more than 4 No No No 4 -Plymouth Yes No Yes No No No Ramsey (City) Yes No No 3'acres No Ratio to lot size Richfield Yes No No No Yes 3 Robbinsdale Yes re'fffip "Pr No No No Roseville Yes- F N° --Vo No No No St. Louis Park Yes, if ~-zF N6 t.f No R No No No caged St. Paul Yes Yes, if more than 1 No No No No Shoreview Yes No Yes 2 acres No No Two cities_ prohibit keeping chickens, seven cities (including Plymouth) limit chickens to rural or the largest lot single-family residential districts or have a minimum lot size, and five cities require a special process or permit. 37 MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 11, 2006 5:30 P.M. CITY COUNCIL CHAMBERS - EAGAN MUNICIPAL CENTER City Councilmembers present: Acting Mayor Carlson, Councilmembers Maguire, and Tilley. Mayor Geagan was absent due to being hospitalized for scheduled surgery. Councilmember Fields was returning from an out of town conference. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Director of Public Works Colbert, Director of Parks and Recreation Johnson, and Superintendent of Streets and Equipment Struve. I. ROLL CALL AND AGENDA ADOPTION Acting Mayor Carlson called the meeting to order. Councilmember Tilley moved; Councilmember Maguire seconded a motion to adopt the agenda. Aye: 3; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. CONSIDER ORDINANCE AMENDMENT REGARDING EGG LAYING CHICKENS IN RESIDENTIAL AREAS City Administrator Hedges introduced this item and provided background on the request for an ordinance amendment to allow egg laying chickens in residential areas on property not zoned agricultural and of at least five acres in size. The proponent of the ordinance change, Ms. Heather Goff, further explained the rationale behind the request, the research her family has undertaken, and the results of neighborhood discussions. The City Council expressed general support for the ordinance as it is currently written and stated numerous concerns with the proposed changes, including the potential impact on neighbors, the need for more than a city lot to harbor farm animals, the potential for future similar requests for larger farm animals like goats and horses, and the suburban versus rural environment. Potential methods to limit problems and to provide an annual review process for permits, if the ordinance were changed were discussed. The City Council then directed staff to complete additional research. Staff is to provide information on the following: 1) How much space is required to house chickens without being abusive to them (noting the difference between being housed in a coup and running loose in a yard), 2) Is it legal in Eagan as a statutory city to provide for neighborhood approval as part of the approval process for the issuance of permits, 3) Is there any national research available regarding access to organic foods primarily in suburban settings; and 4) What additional information might be available in other cities to help explain their ordinances and issuance or non-issuance of permits to harbor farm animals on residential lots. The City Council took a recess at 6:12 p.m. and reconvened at 6:16 p.m. IV. CONSIDER POLICY FOR MAIL AND PAPER BOX INSTALLATION GUIDELINES City Administrator Hedges introduced this item and provided background on the purpose for is policy matter to be under consideration. He noted the need for the City Council to appro and for the Community to be aware of policies related to the installation, mainten , and repai eplacement of mail and paper boxes. Director of Public Works Colbert furthe explained t t staff desired to: 1) provide insights into the current and proposed policie ) outline metho to achieve community compliance; and 3) firm up the policy to defi and limit the City's liabili when mail and or paper boxes are damaged primarily through ' y snow plowing operations. uperintendent of Streets and Equipment Struve provided ditional background on typica ctivity and the response from citizens when the boxe e damaged. He stated that the boxes are ry seldom damaged during City operations, if t oxes are installed in accordance with the spec cations. He described the new simplified to that is available for distribution to assist in proper ' stallation of new and/or replacement xes, how staff will incrementally notify the commu ' of the revised policy and will rk with citizens on implementation. Staff explained th desire to coordinate improv ents and replacements in neighborhoods with other refurbishm is that are undertaken ' luding street resurfacing, street lighting, and tree trimming. Further, the ity can help with nancing through the assessment process, if the work is coordinated. Since t box install ons are essentially undertaken in public right of way without a permit, the liabi ' ques ' n is paramount and the dollar amount of the exposure even if the damage is the responsib 't f the City should not be driven by architectural choices made by property owners. The Council concurred with implem ation beg ing in the spring of 2007 with the new policy not enforced during the winter f 2006/2007. Council observed that problems seem more frequent with newspaper bo s than with mail bo and asked that ADS be notified in addition to the property owner sin many paper boxes are in fled by the company at no charge to the property owner. Sta reported that there will be stree verlays in 6 or 7 neighborhoods in 2007 affectin approximately 2000 properties and her noted that regardless of the type of mail or paper b , single or multiple, everything is subjec the policy and installation standards. The ity Council desires to make it clear in comm ' ations that the City is not telling the homeo ers what they must do, but only about liability cons uences, resulting from improper install on and/or lack of structural maintenance. After co derable discussion about the appropriate liability limitation, the Ci Council concurred that e policy should contain a maximum City payment of $50 for the suppo $25 for the mail ox and $25 for a structural paper box (not a plastic one provided by a carrier), there was roper installation and damages result from City operations. The maximum payme s include, oth materials and installation. The City Council directed that the modified policy should be further developed and aced on a future consent agenda for formal approval. '3q chickens Page 1 of 1 Gene VanOverbeke From: Heather Goff [heather.goff@comcast.net] Sent: Thursday, December 21, 2006 5:44 PM To: Gene VanOverbeke Cc: Bruce Goff Subject: Fw: chickens Hi My father and I are responding to some of the questions that were asked on the December 11 special council meeting. The commercial standard for raising chickens is 1.5 square feet per animal. Of course, those commercial settings do not have exposure to sunlight and the ground, but they do survive in that kind of factory farm setting. The moveable chicken roosts we were looking at has approximately 4 square feet per bird, plus they have access to fresh air, sunlight, and the ground. The other question had to do with organizations the city could do further research on. We have done a lot of our research on www.henspa.com . Of course, this person is in the business of providing egg stuff, but it is all verifiable and he is willing to talk to you if necessary. His name is Steven Keel. There is a lot of interest nationally as you will see from the media articles on the website. There are no chicken raising clubs yet, that we could find. The clubs are more about the breeds than overall raising. Generally we would like to just re-state that 4-6 chickens weigh less than 1 medium size (35 lbs) dog. Just by that virtue, you have comparably less noise and fecal matter. If you have any doubts, come over and see my neighbors coon-hound who likes to run in my yard every day and barks way too much. The mobile chicken coop is just that, mobile. It will take up less space than a dog run, and provide a lot more benefit through egg production, bug control, and soil additives as you move the coop around. Think of it as a moving garden. Think of it as a moving dog run. A smaller flock, a little modern designing, and some technology have really made this much different than the smelly old chicken coop some people may remember. And chickens are much different in size and scope than hoofed animals. Chickens have been a mainstay in American yards for a long time, and were absolutely necessary during the Great Depression and as part of a Victory Gardens in WWII era. Thank-you for your consideration and please let us know if there is any more information we can provide. Heather and Bruce Goff 12/22/2006 Page 1 of 1 Gene VanOverbeke From: Mira Pepper Sent: Friday, December 22, 2006 8:34 AM To: Cyndee Fields; Meg Tilley; Mike Maguire; Pat Geagan; Peggy Carlson Cc: Tom Hedges; Gene VanOverbeke Subject: FW: Ordinance related to chickens From: Mark [mailto:mnosretep@gmail.com] Sent: Thursday, December 21, 2006 5:00 PM To: City Council Subject: Ordinance related to chickens To the Honorable Peggy Carlson, Cyndee Fields, Mike Maguire and Meg Tilley, Madams and Sir, Reading the recent issue of the Sun Current, it has come to my attention that a variance to the ordinance prohibiting chickens (poultry and other non-domestic animals) is being sought. Having spent the first twelve years of my life on a farm, I can assure that poultry waste is very dirty, difficult to clean and very odorous. urge each of you to deny this variance to the ordinance. The variance would establish a very bad precedent and the aroma would assault the senses of all neighbors. Thank you, Mark Peterson 4659 Kingsbury Drive Eagan 11/40007 City of Eapn ego TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 22, 2006 SUBJECT:. ADDITIONAL INFORMATION EAGAN HILLS FARMS HOMEOWNERS ASSOCIATION RESPONSE TO EGG LAYING CHICKEN ITEM The City Administrator met with Susan Friel on Thursday, December 21, 2006, to receive a letter and a copy of the Declaration of Protective Covenants for the Carriage Pines - Canter Glen neighborhood where the Goff family's home is located. The City Administrator shared that this item will more than likely be scheduled for a Work Session, no sooner than February, allowing the Director of Administrative Services to gather information that was requested by the City Council at the Work Session in December. The City Administrator shared with Ms. Friel that the City will notify her when this item is brought back for consideration by the City Council at a Work Session. Enclosed on pages through is a copy of a letter from the Eagan Hills Farms . Association to the City Council and two (2) exhibits. Exhibit 1 is the Carriage Pines - Canter Glen Declaration of Protective Covenants, which apply directly to Block 14, Lot 4 which is the Goff residence, and Exhibit 2, which is the Declaration of Covenants, Conditions, Easements and Restrictions for all of the subdivisions within the Eagan Hills Farms Homeowners Association. The latter association is an umbrella association for all the subdivisions, many of which have their own restrictive covenants. #AEDIA RELEASE / CITY & CEDAR GROVE DEVELOPER PART WAYS Enclosed on pag is a copy of a media release by Director G entitled "City & Cedar Grove Developer Part a laming the action of the Ec c Development Authority and City Council at the meeting on Dec 19, 2006 r e to the termination with Schafer Richardson as Master Developer. COUNCIL QUESTIONS OPOSED PARKS AND ATION FEES Enclosed on is a copy of a memo from Director of Parks and Recreaho ell Johns sponding to the disc golf course and protest fees that were part of the proposed e cture at the December 19, 2006 City Council meeting. h V Eagan Hiffis F S mA& Mayor Geagan and Members of the Eagan City Council: MANAGEMENT: 4980 The Eagan Hills Farms Home Owners Association (EHFHOA) Eag has been an EagDodd Road an, MN 55123 active homeowners association in Eagan since the late 1980's. (651) 423-1011 Currently, five developments are members of this association. They are: Trotters Ridge, Bridle Ridge, Bridgewater, Surrywoods and Carriage Pines/Canter Glen. Approximately 300 single family homes belong to this Association. As you are aware, most homeowners associations have covenants that restrict certain activities or require compliance from the homeowners. We would like to address the petition before the Council regarding the boarding, and raising of chickens at 782 Mill Run Path. While we honor and respect the endeavor that the Goff family wishes to embark upon and applaud their desire to teach essential life lessons to their family, it is incumbent upon us to bring to light the covenants that prohibit such activity in that neighborhood. The Goff residence is part of the Bridle Ridge 1" Addition and is governed by the Carriage Pines/Canter Glen covenants (see Exhibit 1), as well as the EHFHOA covenants (see Exhibit 2). Specifically, please refer to section 11 of the Carriage Pines/Canter Glen Covenants and section 12.7 of the EHFHOA covenants. Unfortunately, both prohibit farm animals on homeowner lots. Furthermore, section 12.8 of the EHFHOA covenants, prohibits the usage of a temporary structure on homeowner lots. The portable chicken coup that will house the Goff's chickens will be in violation of this covenant. We know that this is a difficult decision for the Mayor and Council to consider, and we respectfully request that the EHFHOA and Carriage Pines/Canter Glen covenants be taken into consideration during this time of deliberation. Sincerely, Steve Beseke, President Mark Reardon, Vice President Susan Friel, Secretary, Design Review, and Maintenance Chair Keri Grad, Treasurer cc: Bruce and Kary Kay Goff CARRIAGE PINES - CANTER GLEN DECLARATION OF PROTECTIVE COVENANTS THIS DECLARATION is made this day of , 1987 by the undersigned parties, being all the owners in fee and all the encumbrancers of the following described land (the said parties hereinafter referred to as "Declarants"): Lots 1 through 11, Block 10; Lots 1 through 13, Block ll;.Lots 1 through 10., Block 12; Lots 1 through 5, Block 13; Lots 1 through 6, Block 14; Lots l through 15, Block 15; Lots 1 through 14, Block 16; Lots 1 through 24, Block 17; and Lots l through 6; Block 18; Bridle Ridge 1st Addition,;, according to the recorded plat thereof, Dakota County, Minnesota (all of which land together constitutes and shall hereinafter be referred to as the "Lots"). WHEREAS, Declarants hereby impose upon and subject said Lots, for the be of said Lots only and the present and future owners thereof, to the following conditions, restrictions, reservations and covenants which shall operate as restrictions passing with the conveyance of every Lot and shall apply to and bind every successor in interest. 1. DEFINITIONS. The following words or terms used in this Declaration shall have the meanings herein ascribed to them. a. "Developer" means Sienna Corporation, a Minnesota corporation, its successors and assigns. b. "Lot" means any Lot included within the scope of this Declaration and as shown upon the recorded subdivision plat.of Bridle Ridge 1st Addition, in Dakota County, Minnesota. C. "Lot Owner" means the record owner, whether one or more persons or entities, of title to any Lot subject to these covenants, including vendees of a contract for deed. d. "Plot" means an area of land consisting of any Lot and part of another Lot, or a part of any Lot, or parts of two or more Lots. 2. TYPE OF STRUCTURE PERMITTED. No Lot or Plot shall be used except for residential purposes.. No structure shall be erected, altered, placed or permitted to remain on any Lot or Plot other than one (1) detached single family dwelling not to exceed two (2) stories in height, and a private garage for not more than three'.(3) cars or less than two (2) cars. Garages shall be directly attached or connected to the dwelling by means of a covered walkway, fence or other enclosure of a permanent nature and in keeping with the general architecture. Structures erected or placed on any Lot or Plot must be in.harmony with the residence in respect to workmanship, materials and external design. Construction of model homes is expressly permitted as long as they conform to the restrictions hereby created. 11. KEEPING OF ANIMALS. No animals of any kind shall be raised, bred or kept on any Lot or Plot, except that dogs, cats, or other household pets may be kept, provided that they are not kept for any commercial purpose and are housed in the main dwelling or garage. 12. OUTSIDE GARBAGE RECEPTACLES.. No outside incinerators, trash burners or garbage receptacles shall be installed or erected on any Lot or Plot. This covenant shall not be construed to prohibit the use of outdoor barbecues or fireplaces. 13. RECREATIONAL VEHICLES. No vehicle commonly known as a Recreational Vehicle, including but not limited to boats, boat trailers, campers, trailers, and motor homes, whether inhabited or not, shall be parked on any Lot, Plot, or appurtenant street for a period longer than twenty-four (24) consecutive hours in any week. In addition, no abandoned vehicle shall be parked on any Lot, Plot, or appurtenant street for a period longer than three (3) consecutive days. For purposes of these covenants, any automobile, van, motorcycle, or other motorized vehicle which is parked in the same location without use for more than seventy-two (72) consecutive hours because of vehicle failure, or because of substantial deterioration causing the vehicle to lose all or virtually all economic value except scrap value, shall be presumed to be an abandoned vehicle. 14. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five feet of each Lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or-interfere with the installation and maintenance of utilities, or which may change the direction or flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the owner of the Lot, except for those improvements for which a public authority or utility company is responsible. 15. AMENDMENT. The provisions of this Declaration may be revised, amended rescinded, or restated as m-ay be required or deemed necessary at any time_by the Lot Owners. Any such change shall be in writing by owners of 75% of the Lots, based upon one vote for each Lot owned. When more than one person or entity holds an interest in a Lot, the assent for any change of these covenants shall be exercised as they between or among themselves shall determine, but in no event shall more than one vote inure to any Lot. No such change shall be effective except upon recordation with the County Recorder of Dakota County,.Minnesota, of the amendatory instrument. 16. ENFORCEMENT OF COVENANTS. Enforcement of these covenants shall be by proceedings at law or in equity to restrain violations or to recover damages against any person or persons violating or attempting to violate any covenants. Any action brought to enforce these covenants must be brought within six (6) months after the violation of covenants first occurred. Ix ht O'L DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR EAGAN HILLS FARMS 11.8) Attendance at Meetings of Members - Each First Mortgagee that requests to be given notice of meetings and supplies the Association with its mailing address shall be given notice of all meetings of the Members as if such First Mortgagee were a Member entitled to notice. Each First Mortgagee shall have the right to designate a representative to attend all such meetings, which representative shall not have the right to cast a vote. 11.9) Notice of Certain Changes - Each First Mortgagee shall be entitled to a thirty (30) day written notice prior to any proposed action of the Association which would: (01) Abandon or terminate this Declaration. (02) Make any material amendment to this Declaration or the Bylaws or Articles of Incorporation of the Association. (03) Require the consent of a specified percentage of First Mortgagees. (04) Effectuate any decision by the Association to terminate professional management and assume self- management. 11.10) Applicability - The provisions of Sections 11.8 and 11.9 shall apply only to First Mortgagees who have given the Association notice of the fact that they hold a first mortgage on a specific Lot. ARTICLE XII. GENERAL RESTRICTIONS AND OBLIGATIONS OF OWNERS 12.1) Living Unit Lot Restriction - No more than one (1) Li it shall be constructed or maintained on a Lot. No Living Unit may be constructed upon the Common Area and no Living Unit shall be used for purposes other than as a single family residence. No trade or any business of any kind may be carried on within a Living Unit or upon a Lot. Notwithstanding the foregoing: (01) The Declarant may maintain a business and sales office upon the Common Area or any Lot for the purposes of constructing and selling Living Units; (02) An Owner may use a Living Unit for incidental business purposes to the extent permitted by applicable zoning ordinances- however, no business may be continuously conducted or operated in or from a Lot which causes inconveniences, excessive traffic, excessive parking congestion, or undue annoyance to the neighborhood except those business which are in the business of selling Lots and homes in Eagan Hills Farms. 17. Z r (03) An Owner of a Lot may lease the Living Unit for a period of not less than ninety (90) days, if such lease is in writing. Vie Owner shall promptly deliver a copy of any such lease to the Association. Such lease shall provide that any failure by the lessee to comply with the terms and conditions of this Declaration or the Articles, bylaws, or rules or regulations of the Association shall constitute a default under such lease. Garages may not be leased separately. 12.2) Obstructions to Common Area - No Owner may obstruct any portion of the Common Area, or keep or store anything stored on any part of the Common Area without the prior written consent of the Association, except that the Declarant may store construction materials and equipment within the Common Area durin e construction period for a Living Unit. 12.3 Prohibition of Damage and Certain Activities - Nothi g shall be done or kept on the common Area or any part thereof which would increase the rate of insurance on the Property or any part thereof over what the Association, but for such activity, would pay, without the prior written consent of. the Association. Nothing shall be done or kept on any Lot or on the Common Area or any part thereof, which would violate any statute, rule, ordinance, regulation, permit, or other validly imposed requirement of any governmental authority. No owner shall damage or commit waste upon the Common Area or any part thereof, and each owner shall indemnify and hold the Association and all other owners harmless from any and all loss resulting from any such damage or waste caused by said owner-or the owner's invitees, guests or agents. No noxious, destructive, or offensive activity shall be allowed on any Lots or on the common Area-or any part thereof, nor shall anything be done on a Lot or the Common Area which may be or become a nuisance to any other Owner or to any other person at any time lawfully residing on the Property. 12.4) Owner's Responsibilities - Each Owner of a Lot shall provide all exterior maintenance upon each Lot (including any Private Open Space Area) and the Living Unit thereon, including, without limitation, the following: painting or staining of exterior wall surfaces, replacement or repair of roofs, gutters, downspouts and exterior building surfaces (including doors, decks, windows, and glass surfaces), repair or replacement of sidewalks and walkways, surface driveways and stoops on each Lot. All such maintenance shall be in strict compliance with Article VIII hereof relating to Architectural Control and.Review. If any Owner fails to maintain the exterior of the Owner's Lot in reasonably good condis-lop and con orming to the ards of in Hills Farms, the Association may, is election complete such exterior maintenance as is require . d_.The cost o such exterior ma uit.e e s all be assessed directly to the Owner of the effected Lot, aRd _h~ll be enforceable in the same manner as an ` Annual Assessment. 18. 7 12.5) No Unsightly Uses - No Owner shall hang or allow to _be--hung-any-c-lothes; sheets; blankets, --l-aundry-of-any kind-or other articles out on any portion of the Common Area or on a Lot so as to be visible from outside of the Lot. The Common Area and all Lots shall be kept free and clear of all rubbi-n, debris, and other unsightly materials. 12.6 Storage - Outside storaqe of any items, including, withou limitation, sporting equipment, toys Yard and ~n tools an -equipment and trash and garbage containers is prohibite . Storage or collection of rubbish of any character, any material that emits foul or obnoxious odors, the growing of any noxious weed or other natural substance, and the harboring of the source of any noise or activity which disturbs the peace, comfort or serenity of the residents of the Living Units is prohibited. Usual household trash and garbage shall be regularly collected and may be kept outside only in sanitary containers approved by the Board of Directors of the Association. owners shall keep all equipment for storage or disposal of such material in a clean and sanitary condition. hLD boats, snowmobiles, trailers, camping vehicles, motorcycles, unlicensed or inoperable automobiles or truck or other vehic es shall at any time be stored or p&rked on any Lot outside the Living Unit or stored upon the Common Area without the prior written approval of the Board of Directors. 12.:.7) Animals - No animals, rabbits, livestock, fowl, or poultry of any kind shall be raised, bred, kept or permitted in o- on any Lot or on the Common Area or any part thereof, except that household pets may be kept on the Lots, subject to rules and regulations adopted by the Board of Directors of the Association, if said pets are not kept, bred, or maintained for commercial purposes. Any pets causing or creating a nuisance or unreasonable disturbance or damage shall be permanently removed from the Property upon thirty (30) days, written notice from the Board of Directors. 12.8) Prohibited Structures - No structure of a temporary character, trailer, basement, tent, or shack shall be maintained on any Lot nor shall any garage or other building except the Living Unit be used at any time as a residence or sleeping quarters, either temporarily or permanently. 12.9) Signs - No signs of any kind shall be displayed to tl:e public view on any Lot except as follows: (01) Notwithstanding any of the provisions set forth below, all signs erected on the property shall conform to Eagan sign ordinances as amended from time to time or variance thereto approved by the City Council. (02) Subdivision identification entrance monuments may be installed by Declarant and entrance advertising signs may be installed by Declarant at any entrance and maintained until Declarant no longer owns any buildable Lots. 19. 4A7 . 0 (03) During the construction and sales period of Eagan Hills Farms, the Declarant may place such directional and advertising signs as it deems necessary or desirable for the sale of Lots. (04) In accordance with the Rules and Regulations adopted by the Board that may otherwise permit the display of signs. 12.10) Antennae - No television satellite dishes, radio or television antenna towers, electric generating windmills or other similar structures (collectively referred to herein as "Antennae") shall be permitted; however, Antennae may be permitted by resolution of the Board of Directors if (a) the Owners of all Lots from which the Antenna would be visible consent in writing; and (b) the Antenna is not visible from the street. Compliance with the provisions of Article VIII shall be deemed to be a prerequisite to erection of any Antenna. 12.11) Soil, Grading - No sod, soil, sand, gravel, or timber-shall be sold or removed from any Lot, except for the purpose of excavating for the construction or alteration of a Living unit on said Lot or appurtenances thereto, or for the proper grading thereof, or for landscaping, or for road improvements. No soil, sand, and/or gravel shall be removed from Eagan Hills Farms without express permission.of the Board of Directors. Instead it must be'deposited at a place or places designated by Declarant. 12.12) Landscaping Requirements - All Lots adjacent to road right of way areas upon which a Living Unit has been, or is being, built shall be sodded and any landscaping must be approved by the Committee in accordance with Article VIII. 12.13) Rules and Regulations - The Board of Directors of the Association shall adopt rules and regulations from time to time governing the use and enjoyment of the Property as the Board in its sole discretion deems appropriate or necessary. The Board may enforce the terms and conditions of this Declaration and its rules and regulations as allowed herein, by the imposition of fines according to a schedule determined by the Board of Directors. Fines shall be collected and enforced in the same manner as Assessments and shall be a lien against the Lot of the owner against whom the fine is imposed. Additionally, and without limiting the remedies afforded herein, enforcement of the rules and regulations may be made by any proceeding at law or in equity. ARTICLE XIII. GENERAL PROVISIONS 13.1) Enforcement - Enforcement of these covenants and restrictions may be by any proceedin, at law or in equity 20. 1 6 k. ego City of E TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 29, 2006 SUBJECT: ADDITIONAL INFORMATION EGG LAYING CHICKEN ISSUE Enclosed on pages through is a copy of correspondence the City Administrator received on Thursday, December 28, from the neighborhood of Mill Run Path that was addressed to the Eagan City Council. DIRECTIVES Enclosed on page are the Counci Thomas L. Hedges City Administrator December 22, 2006 To: Eagan City Council From: The Neighborhood of Mill Run Path Re: Opposition to the Request to Change the City Ordinance Allowing Chickens This letter is to inform the Eagan City council that we, the undersigned neighbors of Mill Run Path, do not want the City's current ordinance banning chickens and any other non- domestic animals changed as requested by Heather & Bruce Goff. (en+aCe~ We ask that the Council please note that we were not a9ked the Goffsl0 raise chickens in their yard. Our neighborhood is part of the Eagan Hills Farms Association which also was not informed of this issue. We are opposed to this ordinance change for several reasons: * Although the chickens may be odorless to humans, wild animals such as coyotes, possums and fox will be able to smell them. If the wild animals are unable to get the chickens will our domestic animals be safe within their electric fences? * Rats and mice like to eat the chickens' feed and then will need a place to keep warm in the winter. Will they be coming into our homes? * We live in a suburban neighborhood and did not move here to have chickens next door. There are areas nearby that have acreage to allow chickens and other animals that are not included in our city ordinance. * Where will the line be drawn? Will other animals be requested next year? How many other homes in our area want chickens? We would like this letter to be a part of your next Council meeting, however, we request that you keep our names confidential so as not to cause tension in our neighborhood NAME ADDRESS PHONE NUMBER .19& rn ! i Ru,) P641 H -5;? - 96 7G9 -3 -7 j ry~ NAME ADDRESS PHONE NUMBER ~I y v~ f ~ L 3 Li ~3 December 22, 2006 To: Eagan Hills Farms Association From: The Neighborhood of Mill Run Path Re: Opposition to the Request to Change the City Ordinance Allowing Chickens Enclosed you will find the letter that we are sending to the City Council to make them aware of the fact that we are not in favor of the Goff 's request to change Eagan's ordinance banning chickens. Also enclosed is a "map" of our cul-de-sac outlining the houses that we received signatures from in support of this letter. We would like the council to address our letter at their next meeting on January 2"d, but do not wish to attend the meeting so that we may remain anonymous. We request that you also keep our names confidential so as not to cause tension in our neighborhood. We sincerely hope that the council does not change the city ordinance, but if it should get changed we are counting on the Eagan Hills Farms Association to make sure that it is not allowed on our street as per the Association's rules. If you have any questions or require additional information you may contact any of the people listed on our letter. Page 1 of 1 Gene VanOverbeke From: Bruce Goff [bruce.goff@comcast.net] Sent: Sunday, December 31, 2006 9:07 AM To: Gene VanOverbeke Cc: Heather Goff; Bruce Goff Subject: Egg-laying Chicken Proposal Dear Mr. Vanoverbeke: am Heather Goffs father. We received a note from our homeoweners' association regarding our chicken proposal (the same one they sent to the city) and wanted to provide a little input on this development. Yes, the HA has covenants, but our position is for first-things-first. If the city is willing to change the language of the city code so that a few egg-laying hens are not considered "farm animals" and can be kept in an appropriate facility, then we can start the education process for the HA. These kinds of issues have come up before and just like the questions from the city council, it takes a little education. I remember some people in a different association complaining about composting bins, too! Also, even if the HA does not approve it for us, others in the city have expressed interest in this, and maybe our work can help them. Given that, we would like to reiterate the great things about keeping a few chickens... . 4-6 chickens will lay more than enough eggs for the average family; . An egg laying chicken weighs about 6 pounds, so 4-6 chickens weigh 24-36lbs, the same as a medium size dog and smaller than the average golden retriever/hunting dog; . 4-6 chickens do not create a great amount of smell or manure, especially if the coop is moved every few days. . 4-6 chickens would make little if any discernable noise, especially when compared to many dogs. . A coop for 4-6 chickens would be smaller than many cement dog runs/kennels that are common in Eagan. . A coop could only be obtained with adjacent neighbor permission and city inspection (unlike dogs were citizens do not have to answer questions about manure, smell, or noise from the average hunting dog) Plus all the good life lessons children would get helping to take care of the animals Thanks for your time and please let Heather or me know if we can provide any further information. Bruce P.S. The HA did not address any of these positives about chicken raising. They just stated it was against the HA rules. In fact, they admitted that they could appreciate the "life lesson" aspect. So we have some educational work to do, but nothing frustrates young folks quicker than adults not doing a fresh analysis of an issue and instead blindly following the old rules. Thanks again for your consideration of this matter. 100007 ~7 Agenda Information Memo February 13, 2007 Special City Council Meeting VII. REVIEW 2007-2008 CITY GOALS ACTIONS TO BE CONSIDERED: To review and provide direction to staff on the proposed 2007-2008 goals in advance of formal ratification of the goals at the February 20, 2007 City Council meeting. FACTS: ➢ The City Council held their bi-annual Goals Retreat on January 30-31, 2007. ➢ Enclosed per the Council's direction are draft goals based on the Council's discussion at the retreat. ➢ In an effort to prepare concise goals statements, not all of the directives provided by the Council have been included as specific goals. Rather, under some of the goals, a list of work program items has been included (see second attachment). Any of these work program elements can be added into the actual goal statements if that is the direction of the Council. ➢ The Council goals are scheduled for formal consideration at the February 20, 2007 City Council meetings. ➢ Upon formal ratification of the goals at the February 20 Council meeting, the City Administrator, with the input of the department directors, will prepare a more thorough work program for presentation to the Council that will highlight action steps and timelines associated with each goal. ➢ The Council is welcome to provide any direction to staff on changes or additions to the draft goals. ATTACHMENTS: ➢ Enclosed on page are draft 2007-2008 City of Eagan Goals. ➢ Enclosed on pages through 5 are the draft goals, along with work program items associated with some of the goals. PROPOSED 2007-2008 CITY OF EAGAN GOALS • Preserve and expand Eagan's tax base and economic vitality by encouraging maintenance and investment in our residential and commercial neighborhoods, pursuing measure to mitigate airport noise, and supporting the retention, expansion and attraction of quality businesses. • Continue to pursue the conservation of green and open spaces in the community by further developing the Eagan Core Greenway and by working towards the creation of an open space preservation fund. • Offer world class internet speeds, connectivity, and access to all Eagan residents and businesses by developing a master plan, including finance options and policies, for the installation of high speed fiber optic broadband. • Meet the transportation needs of the community by securing funding sources to maintain and expand the City's transportation infrastructure, while also pursuing traffic calming measures and considering transit opportunities. • Preserve the City's natural resources through the creation of an energy and consumer resources plan and the implementation of a water conservation program. • Enhance the quality of life for Eagan residents by facilitating community activities that promote civic engagement, volunteerism, and cultural opportunities. • Continue to promote the revitalization of the City's redevelopment areas in Cedar Grove and.Northeast Eagan. • Effectively plan for the future of the community by updating the City's Comprehensive Guide Plan in a way that sustains and expands on the positive qualities of the community. 'i. 'Cal City of Eap 2007-2008 Goals and Proposed Items for Future Work Program The following are draft goals for the Council's consideration. In an effort to prepare concise goals statements, not all of the directives provided by the Council have been included as specific goals. Rather, under some of the goals, a list of work program items has been included. Any of these work program elements can be added into the actual goal statements if that is the direction of the Council. Furthermore, following the formal ratification of the goals at the February 20 Council meeting, the City Administrator, with the input of the department directors, will prepare a more thorough work program for presentation to the Council that will highlight action steps and timelines associated with each goal. DRAFT GOAL #1: Preserve and expand Eagan's tax base and economic vitality by encouraging maintenance and investment in our residential and commercial neighborhoods, pursuing measure to mitigate airport noise, and supporting the retention, expansion and attraction of quality businesses. Elements of Goal to be Included in Future Work Program: • Prepare updated Economic Development vision and priorities through community based input process in 2007.) • Review expiring PDs • Research and pursue opportunities for improved service delivery to best meet the current and future needs of the community, recognizing the constrained fiscal environment in which the City operates. • Identify property maintenance philosophy for the City. • Draft proposed maintenance standards for retail/office/commercial property DRAFT GOAL #2: Continue to pursue the conservation of green and open spaces in the community by further developing the Eagan Core Greenway and by working towards the creation of an open space preservation fund. DRAFT GOAL #3: Offer world class internet speeds, connectivity, and access to all Eagan residents and businesses by developing a master plan, including finance options and policies, for the installation of high speed fiber optic broadband. Elements of Goal to be Included in Future Work Program: • Adopt new franchise agreements with all major utility companies and study new franchise fee revenue options available to the City. DRAFT GOAL #4: Meet the transportation needs of the community by securing funding sources to maintain and expand the City's transportation. infrastructure, while also pursuing traffic calming measures and considering transit opportunities. 517 2007-2008 Goals and Proposed Items for Future Work Program Page 2 DRAFT GOAL #5: Preserve the City's natural resources through the creation of an energy and consumer resources plan and the implementation of a water conservation program. DRAFT GOAL #6: Enhance the quality of life for Eagan residents by facilitating community activities that promote civic engagement, volunteerism, and cultural opportunities. DRAFT GOAL #7: Continue to promote the revitalization of the City's redevelopment areas in Cedar Grove and Northeast Eagan. DRAFT GOAL #8: Effectively plan for the future of the community by updating the City's Comprehensive Guide Plan in a way that sustains and expands on the positive qualities of the community. Elements of Goal to be Included in Future Work Program: • Review Fire Department's future needs study to ensure adequate response times and coverage to maintain a paid-on-call fire department. • Continue to encourage land use opportunities for the creation of a diverse mix of housing options that anticipate demographic trends. Agenda Information Memo Eagan City Council Workshop Meeting February 13, 2007 VIII. DAKOTA COUNTY ECONOMIC DEVELOPMENT POLICY DIRECTION TO BE CONSIDERED: To receive a presentation and hold discussion regarding Dakota County's consideration of an Economic Development Policy and provide staff direction regarding the City's interests in its regard. FACTS: ➢ Economic development, meaning business retention, expansion and location that results in capital investments and head of household jobs, is important for the economic vitality and quality of life of communities. ➢ State law and regional policy place the responsibility for encouraging and implementing economic development at the local government level and, in most instances involving urban communities, it resides at the city level. That having been said, there are models in other communities in which some aspects of economic development activity occur or are coordinated at a County or regional level. ➢ In addition, there are County responsibilities that bear directly on the ability of business to make the investments and grow the jobs necessary for economic development to occur, such as work force development and job skills training and County road systems. In addition, the success of County housing programs relies on their residents having ready access to a range of quality jobs within reasonable proximity. Ultimately, all local jurisdictions are interested in the property tax base that accompanies business investment. As a consequence, there is value in the County having a well defined policy for its interactions with cities and businesses in the community. ➢ When the Dakota County Housing and Economic Development Authority changed its name to Community Development Agency, it contemplated an expanded role in areas beyond housing. As a part of exploring expanded responsibilities, the CDA commissioned a study of potential economic development policy areas and activities that may be appropriate at the County level in Dakota County. ➢ The attachments overview the process used to prepare the study and the outcomes that the County Board and CDA are considering at this time. To date, the County Board has acted to adopt the vision and guiding principles and has directed the CDA to further develop the strategic initiatives with input from the Cities. ➢ Mark Ulfers and Dan Rogness of the CDA staff and Janna King, the study consultant, will be present at the workshop to present this information and respond to questions. ATTACHMENTS: CDA memo on pages j~L,!9 through Input and review process summary on page ➢ Study Report (Economic Development Strategy) on pages .3 through ➢ Dakota County Board Resolution on pages /p0 through /o ➢ Presentation overview on pages through i,A/ Z- MEMORANDUM Dakota County CDA TO: Tom Hedges and Jon Hohenstein City of Eagan FROM: Dan Rogness Director of Community Revitalization DATE: January 30, 2007 RE: Economic Development Strategy for Dakota County In 2005, Dakota County and CDA staff initiated discussions on the appropriate role of the county in economic development. Janna King was subsequently hired by the CDA to evaluate existing efforts and to identify gaps that can be better served from a shared vision, defined roles and a framework for economic development. Conclusions from this study would help define the county government's future role in economic development within the array of services provided by cities, colleges, chambers, businesses, utility companies and others. The planning process included a review of economic and demographic data and interviews with more than 30 economic development stakeholders, including city administrators, community development directors, college presidents, workforce development staff, utility officials, chambers and economic development groups. Additional small group sessions involved community and economic development staff, city and county administrators, and the Dakota Future Board of Directors. On-line (or fax) surveys were used to collect more information from elected city officials and county commissioners. The role of various counties in the region/nation was reviewed with regard to economic development in order to gather insights and examples. Additionally, two facilitated sessions were held, May 11 and May 24, 2006, with 15-20 participants at each session. Participants helped develop the vision, guiding principles and strategic initiatives. Rather than develop a list of detailed actions, this study attempts to identify broad strategies that provide a structure for the continuation of a work plan with corresponding fiscal impacts. The study proposes the formation of an internal steering committee that will be led by the CDA to include various county department representatives. On December 19, 2006 the County Board adopted an Economic Development Vision and six Guiding Principles. In addition, the Board directed county staff to work with the CDA to come back by April of 2007 with additional information on implementation activities, including fiscal impacts, for the following six Strategic Initiatives: 41/1~ #1: Invest in transportation and transit networks #2: Coordinate strategic infrastructure and land development #3: Link workforce development and economic development #4a: Create prospect response capacity; #4b: Enhance image, marketing and branding #5: Provide quality workforce housing #6: Strengthen development-related research and policy capacity The planning process and preparation of the final document was guided by a six- member Steering Committee: Mark Ulfers and Dan Rogness, Dakota County CDA Greg Konat and Taud Hoopingarner, Dakota County Mark Jacobs, Dakota-Scott Workforce Investment Board Bill Coleman, Dakota Future The County Board's resolution and the Dakota County Economic Development Strategy report are included as supporting documents. A short PowerPoint presentation will be given by Janna King, and we will be available to answer questions at the meeting. Economic Development Strategy for Dakota County Input and Review Process 1. January of 2006: As a result of an RFP process, the Dakota County Community Development Agency (CDA) retained Janna King with Economic Development Services of Minneapolis to prepare an economic development strategy for Dakota County. 2. The planning process was guided by a six-member Steering Committee representing Dakota County government: • Mark Ulfers and Dan Rogness, Dakota County CDA • Greg Konat and Taud Hoopingamer, Dakota County • Mark Jacobs, Dakota-Scott Workforce Investment Board • Bill Coleman, Dakota Future 3. The planning process included a review of economic and demographic data and interviews with more than 30 economic development stakeholders, including city administrators, community development directors, college presidents, workforce development staff, utility officials, chambers and economic development groups. 4. Additional small group sessions involved community and economic development staff, city and county administrators, and the Dakota Future Board of Directors. On-line (or fax) surveys were used to collect more information from elected city officials and county commissioners. 5. High quality economic development programs in other counties around the region and nation were reviewed to gather insights and examples. 6. May 11 & 24, 2006: Two facilitated sessions were held with 15-20 participants at each session. Participants reviewed a summary of the research prepared by Economic Development Services and participated in developing the vision, guiding principles and strategic initiatives described in this document. 7. September 20 & 21, 2006: Two stakeholder input meetings were held on September 20 and 21, 2006 to receive input on the proposed strategic initiatives for Dakota County. A total of 10 people participated. 8. December 1 & 7.2006: The final draft report was reviewed at a monthly City/County Managers meeting in Apple Valley and at a County Management Staff meeting in Hastings. 9. December 12. 2006: The county's Physical Development Committee reviewed the final draft report and made recommendations for approval to the County Board. 10. December 19, 2006: The County Board approved a resolution that adopted the vision statement and six guiding principles; it further requested that more information be brought back on the six strategic initiatives by April of 2007. (e C-- Economic Development 5erviceo Dakota County Economic Development Strategy i Vision Guiding Principles Strategic Initiatives - 2007 & 2008 December 11, 2006 Prepared for the Dakota County Community Development Agency Prepared by Janna King, CEcD, EDFP i i i i i 3109 W. 50`" St. #204. Minneapolis, NAN 55416 612 925-2013 Fax 612 925-2942 Table of Contents Page Background & Policy Context 7 Approach 2 Vision & Guiding Principles 4 Economic Characteristics of Dakota County 5 Strategic Initiatives 7 Appendix A 23 Appendix B 25 i 12-11-06 Background The Dakota County Community Development Agency (CDA) retained Janna King, CEcD, EDFP, with Economic Development Services of Minneapolis, in January 2006 to prepare an economic development strategy for Dakota County. The overall project goals included: Define the County, CDA and WIB roles in economic development in the context of an array of economic development services provided by cities, colleges, chambers, businesses, utilities, non-profits and other organizations active in Dakota County. ■ Engage stakeholders in developing an economic development vision and strategy for Dakota County. ■ Develop options for County participation in economic development in a manner that aligns and coordinates County, CDA and WIB resources in support of the strategy to achieve the greatest efficiency, effectiveness and impact. The planning process included a review of economic and demographic data and interviews with more than 30 economic development stakeholders, including city administrators, community development directors, college presidents, workforce development staff, utility officials, chambers and economic development groups. Additional small group sessions involved community and economic development staff, city and county administrators, and the Dakota Future Board of Directors. On-line (or fax) surveys were used to collect more information from elected city officials and county commissioners. (Participants are identified in Appendix A) The role of the county in economic development and high quality economic development programs in other counties around the nation were reviewed to gather insights and examples. This information is included in the Appendix in two locations: Appendix B (summary of three county approaches in economic development) and Appendix C (PowerPoint presentations from economic development strategy sessions, May 2006). Two facilitated sessions were held, May 11 and May 24, 2006, with 15-20 participants at each session. Participants reviewed a summary of the research prepared by Economic Development Services and participated in developing the vision, guiding principles and strategic initiatives described in this document. The planning process and preparation of the final document was guided by a six-member Steering Committee: Mark Ulfers and Dan Rogness, Dakota County Community Development Agency Greg Konat and Taud Hoopingamer, Dakota County Mark Jacobs, Dakota County Workforce Investment Board Bill Coleman, Dakota Future Policy Context The Vision and Mission Statements of Dakota County informed the study process and this final report. Vision: We envision a future in which Dakota County is recognized as a premier place in which to live and work. County residents will enjoy a vigorous, sustainable economy; safe, healthy, vital communities; and a quality physical environment in which to live and play, served by an efficient, effective, responsive government. Mission: The mission of Dakota County is to provide efficient, effective and responsive government. 12-11-06 Approach The underlying premise of this document is the concept that economic development, community development and workforce development are inter-dependent, mutually supportive and essential for sustainable economic vitality. Economic development focuses on those business sectors that provide high quality employment opportunities in the community, bring wealth to the region, and strengthen the tax base of the county. Businesses depend upon a skilled, productive workforce in order to compete successfully. Workforce development enables workers to engage successfully in the changing economy and enables companies to be productive and competitive in a dynamic economic environment. Community development focuses on the infrastructure transportation, telecommunications, workforce housing, utility services - necessary to support competitive businesses and the recreational, cultural and quality of life amenities essential to attracting a broad spectrum of skilled, creative, and productive people. This approach can serve as a model for Dakota Community Economic Development • Count7y, bringing together county ether county resources - Development community development, economic development and workforce development - to support a healthy, dynamic, sustainable economy. Workforce Development Team Approach to Implementation The interviews and facilitated sessions revealed a clear consensus in favor of a collaborative, yet organized and accountable, approach to economic development in Dakota County. The strategic initiatives identified in the planning process can be implemented by existing county agencies and departments or interagency/ interdepartmental teams together with other partners (e.g. cities, chambers, Dakota Future). To ensure accountability, a lead organization is identified for each of the strategic initiatives. It is the responsibility of the lead organization to convene the appropriate team members, initiate and focus worts activity, and document results. For example, brownfield redevelopment has potential to strengthen tax base; provide quality employment opportunities; make use of existing, underutilized infrastructure; and leverage stateffederal resources. Cities in Dakota County indicated that it could be more 2 Co 12-11-06 efficient to develop brownfield revitalization capacity in County government, rather than build such capacity in nearly every municipality. An interdepartmental County team could be identified to address brownfield redevelopment and a lead (convening) organization identified. The interdepartmental team, working with city representatives, could identify policy priorities to guide investment in brownfield redevelopment. The technical capacities of the Environmental Services Division could be coupled with the redevelopment, grant-writing and financing capacities of the Community Development Agency to clean up and redevelop priority sites. Team members would be responsible for documenting costs and benefits, including tax base, employment, environment and other performance measures. The Economic Development Strategic Initiatives identify the potential roles for the county in economic development and form the basis on which the county collaborates with various external partners. The County Board provides policy guidance to staff regarding County government's role and priorities in economic development. An Internal Economic Development Steering Committee, comprised of representatives from appropriate departments of the different divisions of the County, will oversee County activities necessary to secure the outcomes described in the Economic Development Strategic Initiatives. The County will work with appropriate Partners (e.g. cities, colleges, townships, chambers, etc.) focusing on the six Economic Development Strategic Initiatives identified through the planning process. Focused, Collaborative Approach to Dakota County Government Involvement in Economic Development ! rcities ( Townships ; Policy \ Implementation \ Internal f //'--,Direction/ County ~r Economic Strategic Initiatives Development \ 1. Transportation & Transit Chambers Steering 2. Land Use & Infrastructure. County Committee I 3. Workforce Board (county staff convened by I 4. Prospect response/marketing Dakota County 5. Workforce housing CDA- includes ! ( Colleges 6.Research & Policy WIB, Physical Development, ! OMB, others) r j Utilities Dakota Future I i ~ 3 ' ~ 7 12-11-06 Vision We envision Dakota County as a globally competitive economy that is vigorous, diversified and innovative, providing opportunity and prosperity for businesses and residents alike, while sustaining a healthy environment and a superior quality of life. Guiding Principles ■ Dakota County government will take a collaborative approach to economic development internally and externally, working among County departments and agencies, as well as with cities and other partners. Care will be taken to avoid duplication. ■ County government will plan for and invest in critical infrastructure (e.g. transportation, telecommunications) and other competitive advantages that support economic growth and vitality. ■ Dakota County government may choose to be involved in economic development projects that o are highly visible and regionally significant in the Twin Cities metro area; o are physically located in more than one community; o involve county and state roads; o create a significant employment, infrastructure or tax base impact; o demonstrate a positive return on investment, or o preserve, enhance or remediate environmental quality. ■ County government may develop economic development initiatives to respond to the need for specialized expertise and economies of scale (i.e. workforce housing, brownfield remediation, telecommunications, workforce development). ■ Dakota County government will use research and policy development as a framework to guide and evaluate economic development strategies and actions. ■ County government will consider workforce, employment, and tax base development to enhance long-term plans and investment decisions. ,4 to d 12-11-06 Economic Characteristics of Dakota County The following key characteristics help define the economy of Dakota County, now and in the future. To further as the County's vision of being a "premier place in which to live and work," county government can use this information to help evaluate its role in addressing current conditions and expected changes. Demo-graphic Changes. The key demographic changes that impact the future economy of Dakota County relate to population aging and race/ethnicity. Over the next three decades, the nonwhite population is forecasted to grow nearly 176%, from 23,934 in 2000 to 66,000 in 2030. Using the 2000 census as a starting point, the county can expect a 171 % increase of residents aged 55 and older by 2030. In comparison, the population aged 18-34 will only increase 18%. Wastes and Household Income. Average weekly wages for jobs in Dakota County rose 16% from 2000 ($656) to 2004 ($763), although this remains below the average in Ramsey ($868) and Hennepin ($987) counties. The 2005 median household income is estimated at $69,900 for Dakota County. However, the median varies between communities in the county, with the lowest in South St. Paul and West St. Paul and the highest in Lakeville and Mendota Heights. Job Growth/Loss. Between 2000-2005, Dakota County added 16,493 jobs, or nearly 11 This compares to a 1 % loss of jobs for the 13-county metro area. Virtually all of those jobs were added in the cities of Apple Valley, Burnsville, Eagan, Inver Grove Heights, Lakeville and Rosemount (+16,470). Job losses occurred primarily in the rural areas. By industry, the largest employment growth occurred in health care and social assistance (+3,584), finance and insurance (+2,259), and construction (+2,195). Health care showed average weekly wages that are below the county's average in 2005, while the other two were above. However, none of them were within the top five industries by wage for Dakota County. Employment Distribution. In 2000, 70% of all jobs in Dakota County were located within the developed communities of Burnsville, Eagan, Inver Grove Heights, Mendota Heights, South St. Paul and West. St. Paul. However, employment projections show that the percentage of jobs within those same cities drops to 55% by 2030, while more jobs (43%) shift to the developing communities of Apple Valley, Farmington, Lakeville and Rosemount. In 2003, only five of the county's 11 major cities had more than one job per household, including Burnsville, Eagan, Hastings, Mendota Heights and Rosemount. The average in the Twin Cities was 1.7 for developed suburbs and 1.2 for developing suburbs. 5 DcveinG, ~,~-n'~9 12-11-06 Labor Force Participation. Travel and Transportation. In 2002, approximately 62% of the county's total population was in the labor force. The number of jobs in Dakota County(161,177) was less than labor force (227,437), reflecting a pattern of commuting out of the county for employment. The 2000 Census showed that 61 % of the county's workforce was employed within Dakota County, followed by 12% in Hennepin County and 10 % in Ramsey County. At the same time, 440 miles of county highways in Dakota County are expected to fall short of funds for transportation improvements ($30 million shortfall per year through 2025). However, transit improvements are currently being planned or evaluated on Cedar Avenue, 35W and Robert Street. Industrial Mix. In Dakota County, there is no single dominant industry. The top five industries by wages in 2005 were Mining, Utilities, Management of Companies, Information, and Professional and Technical Services. The largest industries in terms of number of establishments include construction, professional and technical services, retail trade, health care, and finance and insurance. Average weekly wages for these five industries show that only "professional and technical services" was within the top five industries based on, average weekly wage in the county. Between 2000-2004, the largest increases in business establishments occurred in the construction industry. Construction has weekly wages above the average ($978 vs. $773), while retail trade has weekly wages well below the average ($467 vs. $773). Land Development. Growth and development continues at a pace of approximately 2,300 acres per year in Dakota County. From a land value standpoint, the metro's average for all cities for commercial/industrial is 16.3% of total market value in 2005. Although not available for Dakota County as a whole, only two of the 11 largest cities in Dakota County meet or exceed this C/I average: Burnsville (19.1 and Eagan (19.8%). Other C/I market value percentages are: Apple Valley (9.1%), Farmington (4.2%), Hastings (10.5%), Inver Grove Heights (9.4%), Lakeville (9.3%), Mendota Heights (14.5%), Rosemount (11.5%), South St. Paul (10.8%), and West St. Paul (13.7%). Another indicator is that three cities are in the top 20 as net contributors to the metro fiscal disparities pool (Burnsville, Eagan, Mendota Heights). Five cities are net recipients from that same top 20 pool (Apple Valley, Farmington, Hastings, Lakeville, South St. Paul). Workforce Housing. A demand of 82,000 new housing units is projected in Dakota County between 2000-2030. Two-thirds of that increase will be located within the developing communities of Apple Valley, Farmington, Hastings, Lakeville and Rosemount. Of the total housing demand during 2000-2030, a minimum of 15% (or 400 units/year) should be affordable to renters and owners with household incomes at/below 80% of median. In addition, the county has existing needs related to an unmet demand for affordable housing, both for new construction and preservation of existing units. Affordable owner-occupied units are based primarily on market prices, but these units are either new townhomes or small older homes, all priced below $200,000. 6 12-11-06 Strategic Initiatives: 2007- 2008 The following strategies, particular to the county role in economic development, are designed to support the economic vitality of Dakota County businesses, communities and residents. Strategic Initiative #1: Invest in transportation and transit networks Efficient transportation and relatively low levels of congestion support the productivity of the workforce and the competitiveness of Dakota County businesses. Transit and transit-oriented development help alleviate congestion and the demand for additional highway capacity. Efficient transportation and transit make Dakota County a competitive business location. Strategic Initiative #2: Coordinate strategic infrastructure and land development Dakota County government works closely with cities and townships to plan infrastructure investments and land development patterns to strengthen the tax base and accommodate quality employers. Investments are made strategically, taking into account measurable economic impacts. Excellent infrastructure (transportation, telecommunications, utility services) makes Dakota County a competitive business location. Strategic Initiative #3: Link workforce development and economic development A proactive and responsive workforce training and development system is attractive to existing and prospective businesses and helps ensure that an appropriately skilled workforce will meet the needs of current and future businesses in Dakota County. Strategic Initiative #4 (a): Create prospect response capacity Dakota County government responds promptly and professionally to business and site location inquiries. Strategic Initiative #4 (b): Enhance image, marketing and branding. Business decision-makers identify Dakota County as a good location for high- quality companies. Strategic Initiative #5: Provide quality workforce housing Dakota County CDA provides opportunities for workers with modest incomes to live in decent/affordable housing located in close proximity to places of employment. Strategic Initiative #6: Strengthen development-related research and policy capacity Research provides a sound basis for informing and shaping county government development policies and investments. The Dakota County CDA, in cooperation with county staff, provides analytical information to other jurisdictions in the county that helps shape local economic development decisions. 12-11-06 Strategic Initiative #1: Invest in transportation and transit networks Efficient transportation and relatively low levels of congestion support the productivity of the workforce and the competitiveness of Dakota County businesses. Transit and transit-oriented development help alleviate congestion and the demand for additional highway capacity. Efficient transportation and transit networks make Dakota County a competitive business location. Key findings: • Grow Minnesota survey (2004-2005) revealed that businesses in Northern Dakota County exhibited a significantly higher level of concern with highway infrastructure (53% "unfavorable" ranking) than businesses in Minnesota generally (37% "unfavorable). • Transportation infrastructure consistently ranked in the top 2-3 priority issues identified as an appropriate county role in supporting economic development, during interviews, focus groups and surveys of business, local government, and development professionals conducted as part of the economic development strategic planning process in 2006. • The most serious issue facing the county, as perceived by respondents to the May 2006 Resident Survey, was growth and development (26%). The fourth most important issue was traffic congestion (8%). • Transportation and transit ranked #1 and #2 in importance in a survey of Dakota County Commissioners, city administrators, mayors, council members and Dakota Future. (Survey results shown below, a ranking of 5 = Highly Important, 0 = Not Important. Planning and securing funding for critical Planning & supporting transit corridors, especially infrastructure (bridges, major roads) those linked to employment concentrations in Dakota County AdmiNsbators Administrators Mayors-Coudlinembers - i~ -T T - Mayors-Courcitrnembers - Dakota Future _ Dakota Futtre County Commissioners Coudy Commissioners J- 0 1 2 3 4 5 0 1 2 3 4 5 I Transit-Oriented Development • A number of counties throughout the nation are involved in transit-oriented development along county roads that pass through multiple communities (e.g., King County, WA, Denver County, CO, Montgomery County, MD, and Hennepin County, MN). • County participation includes planning, land acquisition, redevelopment, and loan funds to stimulate development that will complement transit stops. 8 Xvi 12-11-06 Possible goals/action steps: • In addition to engineering considerations, incorporate tax base return on investment and economic development impact analysis into transportation and transit planning and decision-making. • Strengthen linkages between transit planning, transit-oriented development, economic development, workforce housing and workforce development to identify ways that transit and transit-oriented development can better support Dakota County employers and workers. • Implement a pilot program that promotes transit options while supporting employment growth in Dakota County (e.g., transit service to major Dakota County employment locations). • Dakota County CDA and Transit Office work with communities to hold and/or redevelop sites for Transit Oriented Development. • Set priorities for transportation and transit investments and coordinate lobbying efforts to secure more state and federal funding. Financial implications: • Relatively modest one-time investment to build internal capacity to evaluate tax and economic benefit of infrastructure investments. • Dakota County CDA capacity and resources to buy and hold land, and finance development costs can be used to leverage federal, state, city, and private funds. • No significant additional on-going resources needed from Dakota County. Policy questions: • Should Dakota County consider the tax base and employment implications of its investments in transportation and transit infrastructure? • Should the Dakota County CDA work with cities, county transit planners, and transit agencies to identify and hold key sites for transit-oriented development? 9 12-11-06 Strategic Initiative #2: Coordinate strategic infrastructure and land developmentlredevelopment Dakota County government works closely with cities and townships to plan infrastructure investments and land development and redevelopment pattems to strengthen the tax, base and opportunities for quality employment opportunities. Investments are made strategically, taking into account measurable economic impacts. Excellent infrastructure (transportation, telecommunications, utility services) makes Dakota County a competitive business location. Key findings: Land Use • Cities and townships control land use and zoning in Dakota County; the county government is responsible for critical transportation infrastructure. • Cooperative, strategic land development and infrastructure planning has potential to enhance tax base. o Scott and Sherburne county governments have conducted county-wide market studies on commercial and industrial development to provide cities and the county with a better understanding of market potential as they update their comprehensive plans. o Chisago County assists cities with industrial park development to achieve a more balanced tax base in the county. Sherburne County expects to begin land banking in 2007 for future industrial parks in areas with appropriate transportation access and future city utilities. • Land development patterns have a significant impact on the property tax base, with fiscal implications for all taxing jurisdictions. Fiscal Impact of Land Use Average Tax Tax on Tax -100 Acres Type Per Acre' 100 Acres over 20 Years Brick/glass $35,000 $3.5M $70M Strip mall $24,000 $2.4M $48M Showroom $18,800 $1.9M $38M Single Family $10,400 $1.OM $20M Truck Terminal $4,800 $480,000 $9.6M 1 Based on 3 parcels of each type in Eagan, MN - Dakota Co. GIS Department, 2006. 10 ~r 12-11-06 Employment • Land use and transportation access decisions create "places" with size, location, access and other characteristics attractive to office, research, industrial, medical, retail, and other users. • The nature of these "places" impacts employment opportunities available in Dakota County. • The type of employment available in an area impacts wage levels, commute times and the pressure to commute to concentrations of higher wage employment. o "Traded Cluster" businesses export a product or service and import wealth to the region; these businesses paid an average wage of $54,555 and comprised 32.2% of all jobs in the Twin Cities MSA. o "Local Cluster" businesses depend upon local consumers; these businesses paid an average wage of $32,100 and comprised 67.7% of all jobs in the Twin Cities MSA2. • Cooperative, strategic land development and infrastructure planning can create "places" that are competitive locations for high wage employment. Transportation • Land development patterns create significant transportation and traffic impacts. • Access and access restrictions have a significant impact on land development patterns and tax base. NOTE. This was the most consistent concern expressed by cities about their relationship with the county on economic development. • The current challenge to county transportation planning is to move toward a system that is more strategic and cooperative in relationship to the cities. • Cooperative, strategic land development and infrastructure planning that balances traffic, tax base, employment and other considerations has potential to reduce tension between Dakota County and other units of local government in Dakota County. Brownfield Revitalization • Hennepin County offers an example of successful county initiatives in this area: o Created the Environmental Response Fund in 1997. The legislature authorized a mortgage registry and deed tax with a 10-year sunset. It generates $2-3 million per year (or $10*- 12 million to date). Since2001, they have provided 1 large grant to St. Louis Park ($4.75 million) and 113 grants from $5,200 - $683,000. They have a common grant application with the Met Council and State of Minnesota and provide matching funds to increase the competitiveness of Hennepin County applications. Hennepin County funds less than 50% of applications submitted; Met Council and the state fund less than 33%. 2 Michael Porter, Harvard Business School, Institute for Strategy & Competitiveness. hftp://www.isc.hbs.edu/ Economic 11 ! MVP o,rmr ri 5r=~"Vic~S 75- 12-11-06 o Secured funding from the US Environmental Protection Agency for a brownfield clean up revolving loan fund. Loans are made to the private sector. Six loans have been made to date, totaling $3 million. o Assists cities with environmental assessment. The county provides technical assistance (e.g., scoping assessments) to its cities and HRAs and oversees report preparation. • Redeveloping brownfields was considered a high priority (#7) in a survey of county commissioners, city administrators, mayors, council members, and Dakota Future. (Survey results shown below, a ranking of 5 = Highly Important, 0 = Not Important) Redeveloping brownfields (contaminated sites) that have potential as a location for commercial or industrial development or workforce housing i Administrators 1 7-1 Mayors-Courdkmmbers ' Dakota Future , Cou* Commissioners 0 1 2 3 4 5 Telecommunications Telecommunications was ranked highly (#4) in importance in a survey of Dakota County Commissioners, city administrators, mayors-council members and Dakota Future. (Survey results shown below, a ranking of 5 = Highly Important, 0 = Not Important) Analysis of telecommunications capacity and advocacy to maintain state of the art systems Administrators Mayors-C ouncilmembers i I Dakota Future County Commissioners 0 1 2 3 4 5 I Possible goalslaction steps: • Analyze property tax implications of various land development patterns. Share with cities and townships as part of the comprehensive plan update. Develop policies that encourage efficient use of infrastructure and enhance tax base density. • Conduct a countywide market study to provide the cities and county with realistic guidance on commercial and industrial development and redevelopment potential and to better inform the comprehensive plan process. 12 12-11-06 • Explore expanded role for the county government (CDA, environmental services and other divisions) to support cities and townships with brownfield revitalization. Explore use of "deed tax" used in Hennepin and Ramsey Counties to support brownfield remediation. Make recommendations regarding an expanded county role, the benefits of clean-up, and the potential to leverage additional state and federal dollars for assessment and remediation. Present findings to the county board. • Maintain telecommunications inventory developed through E-Commerce Ready . process. • Expand telecommunications inventory to map available hotspots and public Internet access sites. • Explore options for supporting the development of advanced telecommunications on a county-wide basis rather than a city-by-city basis (more efficient, cost-effective). Financial implications: • Many of the possible activities envisioned in this section are based on a premise that a strategic approach to land development and transportation infrastructure will enhance county government revenues. The relatively minor cost of analysis has potential to significantly enhance tax base revenue. • Given the additional potential costs associated with brownfield remediation, it may be more cost effective to enhance brownfield remediation capacity at the county level than in a number of citiesttownships. A more aggressive approach to assessment and remediation may bring in additional state and federal dollars and speed the establishment of a stronger tax base on contaminated parcels. Policy questions: • To what extent does the county government want to shape development or respond to development pressures? • What are the benefits of minimal involvement in planning (responding to city actions)? What are the disadvantages? What are the benefits of uniform regulatory policies on access management? What are the disadvantages? • Does the county government want to work with the cities and townships to be more proactive and strategic in shaping the potential for enhanced tax base and higher wage employment opportunities? 13 Dom. _ 12-11-06 Strategic Initiative N. Link workforce development and economic development A proactive and responsive workforce training and development system is attractive to existing and prospective businesses and helps ensure that an appropriately skilled workforce will meet the needs of current and future businesses in Dakota County. Key findings: • Most employers present at the 2006 Dakota Future conference expressed concerns about the availability and skills of workers, especially long term due to the retirement of the baby boom generation. • Human capital is a key source of competitive advantage. It is also typically the largest cost, the foundation of product quality, and a source of vision, strategy, and product development. • El Paso County, Colorado (Denver area) used its private activity bond allocation to establish a loan fund to increase the earning power of its workers and the competitiveness of area companies. • Short course certificate programs are not eligible for federal financial aid. Dakota County Technical College offers some short courses that could boost worker wages substantially and is interested in cooperating to create a revolving loan fund targeted at "shortage occupations" affecting Dakota County employers. • Kate McEnroe, a national site location consultant presenting at the Dakota Future conference, indicated she might steer employers away from Dakota County due to labor market constraints. • Highly educated, creative workers are critical to a competitive, higher wage economic environment. Therefore, communities that are attractive to key segments of the workforce will be attractive to higher wage employers. Michael Porter- Harvard Business School Richard Florida, Author of Competitive Advantage & Industry Clusters "Rise of the Creative Class" Competitiveness is not simply cost related • Scientists, engineers, architects, writers, factors or natural resources... other factors entertainers, educators, artists • Specialized labor pool or infrastructure • Economic function is to create new ideas, new • Disadvantages that drive innovation technology, new creative content • Related and supporting industries that create • Drive innovation; critical to competitiveness demand, spur innovation or spin-offs • Characterized by creativity, individuality, diversity, • Rivalry among local industries merit, self direction, high achievement • A "culture" that supports innovation • 30% of the workforce • Choose high amenity, stimulating environment • Demographic change is expected to constrain the availability of employees for Minnesota companies, as detailed below: 14 12-11-06 Minnesota's Boom Generation Begins Minnesota Labor Force Expected to Turning 65 in 2011 Grow by 421,000 by 2010 But Only 1.400.000 175,00 between 2010 and 2020 1-100.000 Net Lbw Farce C-th coaaoo - taoo.ooa e00.000 x-18.24 450000- i-fi5r 60,000 `',.-0-. ..'-^e.,>---.•P-.. 300100 400.000 200.000 1%000. i D j 1950 1960 15?0 1090 9% 2000 2010 2020 2030 p 1970.80 1980.90 199040 2000.10 2010-20 2020-30 MN Demographer & State Economist for the Citizens League, 2005 MN Demographer & State Economist for the Citizens League, 2005 Competition For The Future C.lt`ica rtf it,, tv` Workforce Will Increase Labor Force Projections Depend On 147. 13k% Migration And Retirement Decisions ,r . 4.0%% Q 10% 3.0% m css. o 20': 645: 17Mn 12 4-: 13 US Lo'.. 0.0% -2.3•. -3.0+: oo 1 l-l.0 ,g60g0 1°90'00 ~p00'g0 80,020 ,lp'La4 200MS 2065-10 2010.15 2015.20 0 to f C__ =s Burc au VS Prrj t•.ii State C4nta11apN_w Mn Proj MN Demographer & State Economist for the Citizens League. 2005 Possible goals/action steps: • Explore the establishment of a targeted scholarship/loan program to enhance workforce skills in job shortage occupations, with the goal of improving worker earning potential and meeting the needs of county employers. Focus on short-term training programs not eligible for federal financial aid. (Dakota County CDA and Workforce Investment Board) • Pilot test the establishment of an employment-related "resource room" at an affordable housing site so employment-related resources are available after normal business hours at the Service Centers. (Dakota County CDA and Workforce Investment Board) Financial implications: • Exploring the establishment of a revolving loan fund for shortage occupations could be done at minimal expense by existing staff at the Dakota County CDA and WIB in collaboration with the college, lenders and businesses experiencing a shortage of skilled workers. 15 12-11-06 • The source of funds to capitalize the revolving loan fund (e.g., private activity bonding authority, reserve accounts leveraging private lender funds, CDA, private businesses, foundations) will need to be determined in the exploration phase described above. The cost of a pilot "resource room" including computer(s) and furniture is expected to be $2,000 - $4,000. An evaluation of the pilot can determine whether additional investment in resource rooms is warranted. Policy questions: • Should the CDA and WIB explore the establishment of a revolving loan fund to pay for short courses at area colleges with the goal of improving worker earning potential and meeting the needs of county employers? 16 12-11-06 Strategic Initiative #4 (a): Create prospect response capacity Create the capacity to respond to prospective businesses promptly and professionally. Strategic Initiative #4 (b): Enhance image, marketing and branding. Strengthen the image and awareness of Dakota County as a location for high-quality companies. Key findings: • Kate McEnroe, a national site location consultant, made the following points in a presentation to a Dakota Future conference in early 2006: o The Internet is where the first cut on site location decisions is made. o Timelines are incredibly compressed. o The site locator is in the process of narrowing options. Don't give them any reasons to eliminate your area (e.g. unable to provide information promptly and professionally, lack of clear policies). o Work out your issues before the prospect shows up: be prepared. • Participants in the survey, interviews and small group sessions identified a need for county involvement and leadership in projects of "county wide significance" (examples cited include a stadium, air cargo facility, light rail, 4-year university, major corporate relocation, or a project that impacted more than one community). • Marketing is an expensive proposition for individual communities; joint marketing as a county is perceived as providing an opportunity for building awareness and a positive image in a more cost effective manner. • Dakota Future is playing a role in responding to inquiries and is interested in a more pro-active marketing role, if funding can be raised. Dakota Future provides prospect-oriented site location information on the Internet. • There is regional interest in creating a presence for the Twin Cities metro area on the Internet, where most initial site location assessments are now made. This would enable site locators to consider real estate options and workforce characteristics on a GIS platform. The system could provide basic information; prospects would be linked to brokers and could also be referred to the county, city, chamber or utility associated with a particular site. • Marketing Dakota County's development assets ranked highly (#5) in a survey of Dakota County Commissioners, city administrators, mayors, council members, and Dakota Future. • Interestingly, the less glamorous "providing customer friendly, coordinated response to prospect inquiries" ranked lower. However, it can be counterproductive to market an area before there is a strong response capacity in place. When marketing yields results and inquiries are made, it is important to have a strong response capacity. Lacking this, the area may develop a reputation for great promotion and poor service. 17 ~Pnle Fit 12-11-06 Marketing Dakota County's development assets Providing customer friendly, coordinated response to prospect inquiries Administrators Administrators Mayors-Cotrdimembers i I Mayors-Cornrcllmembers Dakota Future Dakota Future County Commissioners County Commissioners 0 1 2 3 4 5 0 1 2 3 4 5 Possible goals/action steps: Strategic Initiative #4 (a): Create prospect response capacity • Strengthen county government's internal capacity to respond to inquiries promptly and professionally (e.g., review and update policies regarding financing and incentives; identify existing materials that can be used in responding to prospect inquiries or prepare new materials; make sure appropriate information is available online. o Establish a clear first point of contact for handling prospect inquiries in Dakota County government. o Identify processes for handling typical inquiries, as well as large regionally significant projects. o Coordinate response process with cities, Dakota Future and other partners. • Strengthen regional, county and local response capacity by coordinating with other metro counties to establish a regional economic development Internet presence that provides site location decision-makers with high-quality, customer-focused GIS- capable real estate and workforce information on the Twin Cities metro area. The system could provide prospects with links to cities, counties, chambers, utilities, workforce development and private sector partners. • Explore options for provision of these services internally or externally. Strategic Initiative #4 (b): Enhance image, marketing and branding • Increase awareness and strengthen image of Dakota County as an excellent business location with a broad range of opportunities. Clarify messages; send out press releases. • Invest in a pro-active marketing strategy and develop an appropriate Internet presence and print support materials. Implement a media relations campaign. • Explore options for provision of these services internally or externally. 18 12-11-06 Financial implications: Strategic Initiative #4 (a): Create prospect response capacity • Clarifying internal processes for handling inquiries and coordinating with external partners can be accomplished with existing staff resources. • Improving prospect response materials and upgrading online information could be accomplished for approximately $10,000. • The cost of establishing a regional Internet presence will depend on the scope of the collaborative effort, but is estimated to be less than $20,000 per year. Strategic Initiative #4 (b): Enhance image, marketing and branding • Although costs to develop a marketing strategy and sustained campaign can vary dramatically, a reasonable expectation is $50,000 - $90,000 in the first year and somewhat less in subsequent years as initial strategy and print costs are reduced. Based on the experience of other cities and counties, it is likely that private sector funds can be secured to offset some of these costs. • With increased marketing, coordinating responses to routine inquiries can be time consuming for staff. Policy questions: Strategic Initiative #4 (a): Create prospect response capacity • Should clear processes to handle inquiries that come to Dakota County or its agencies be established? • In what division/organization(s) should response capacity reside? • Should the county or CDA invest approximately $10,000 to improve the presentation of printed material or web-based information? • Should Dakota County participate in a Twin Cities regional website designed to provide site location decision-makers with information on available buildings/sites and workforce, with direct web referrals to brokers, cities, chambers, utilities and counties? Strategic Initiative #4 (b): Enhance image, marketing and branding • What is the appropriate level of financial commitment of the county or CDA to a marketing effort? • What is the intent of a marketing program? Enhance image & awareness? Motivate prospect inquiries? • How will an increased level of inquiries be managed? Will leads come to the CDA or be directed to cities? • How will success be measured? r 19 12-11-06 Strategic Initiative #5: Provide quality workforce housing Dakota County CDA provides opportunities for workers with modest incomes to live in decent/affordable housing located in close proximity to places of employment. Key findings: • Dakota County Community Development Agency (CDA) is very highly regarded. Interviewees would regularly, spontaneously interrupt the interview to say how good they felt about the working relationship with the CDA, the quality of housing they build, and their management of properties. • Developing workforce housing was considered a high priority (#6) in a survey of county commissioners, city administrators, mayors, council members, and Dakota Future. (Survey results shown below, a ranking of 5 = Highly Important 0 = Not Important) Developing workforce housing Administrators Mayors-Cournitnembers Dakota Future Courtly Commissioners 0 1 2 3 4 5 Possible goalslaction steps: • Enhance marketing of workforce housing programs through employers. • Continue HOPE program. • Work with cities on townhouse and condo conversions with deferred maintenance problems via Housing Improvement Associations and Housing Improvement Districts. • Provide information to cities that demonstrates the impact of land use regulation on the cost and availability of affordable housing (integrate with 2008 comp plan update process). • Work with transit officials and cities to target sites with good transit access for workforce housing. (Dakota County CDA) • Purchase sites with good transit access for future development. (Dakota Co. CDA) • Provide policy or financial incentives to include affordable housing in Transit Oriented Development projects. Financial implications: • Funds could be allocated within the existing CDA levy for the items identified above. 20 12-11-06 Policy questions: • Should the CDA work more closely with transit officials and cities to target sites with good transit access for future development, including the possibility of affordable housing? 21 8~" 12-11-06 Strategic Initiative #6: Strengthen development-related research and policy capacity Research provides a sound basis for informing and shaping county government development policies and investments. The Dakota County CDA, in cooperation with County staff provides analytical information to other jurisdictions in the county that helps shape local economic development decisions. Key findings: • Several interview/small group participants were strong advocates of a "return on investment" approach to evaluating economic development projects and infrastructure investments needed to build a strong commercial/industrial tax base. • Steering Committee members demonstrated a consistent commitment to weighing the costs and benefits of any new initiatives. Possible goals/action steps: • Work with the cities to establish a protocol for evaluating the impact of economic development projects and infrastructure investments (cost:beneft, return on investment). • Establish economic indicators for consistent reporting of workforce and economic trends. • Track commercial industrial real estate market trends; package and share this information with local units of government as well as private sector insights on the regional market. Financial implications: • Additional evaluation tools, processes and staff time will be needed to better consider the economic implications of projects or investments, including tax base and employment. • Some data, tools and processes can be assembled relatively quickly using existing staff and data resources. Consulting resources may be required to develop more sophisticated tools and processes. Policy questions: • Does the County government and/or CDA want to invest in analytical tools and data resources to create the capacity to evaluate the costs and benefits, or return on investment for infrastructure investments and/or economic development projects? • Should County government incorporate economic development measures into its infrastructure investment decisions? 22 ~CI/ APPENDIX A. Focus Group, Interview And Survey Participants B. Summary Of Three County Approaches To Economic Development Hennepin County, MN ■ Kern County, CA ■ King County WA C. Presentations From Economic Development Strategy Sessions ■ May 11, 2006 ■ May 24, 2006 A. Interview, small group sessions, and survey participants (Dakota Co.) Interviews Ruthe Batulis, President, Northern Dakota County Chamber of Commerce LaDonna Boyd, Economic Development Director, Dakota Electric Association Will Branning, Dakota County Commissioner, Apple Valley Kevin Carroll, Community Development Director, City of Farmington Kurt Chatfield, Planner, Dakota County Bill Coleman, Executive Director, Dakota Future Bill Droste, Mayor, City of Rosemount Doug Felton, Randolph Township Cheryl Frank, President, Inver Hills Community College John Hinzman, Planning Director, City of Hastings Jenni Faulkner, Community Development Director, City of Burnsville Jon Hohenstein, Community Development Director, City of Eagan Mark Jacobs, Workforce Development Director, Dakota/Scott County WIB Michelle Jacobs, President, Hastings Area Chamber of Commerce and CVB Randy Knippel, GIS Manager, Dakota County Greg Konat, Director, Physical Development Division, Dakota County Kim Lindquist, Community Development Director, City of Rosemount Jack Matasousky, Lakeville EDA Kevin McKinnon, Executive Vice President, Progress Plus Skip Nienhaus, Economic Development Coordinator, City of Burnsville Dave Olson, Community and Economic Development Director, City of Lakeville Brandt Richardson, County Administrator, Dakota County Dan Rogness, Community Revitalization Director, Dakota County CDA Tina Schwartz Hansmeier, Economic Development Specialist, City of Farmington Ron Thomas, President, Dakota County Technical College Mark Ulfers, Executive Director, Dakota County CDA Small Group Sessions Surveys Dakota County Community Dev. Directors Dakota County City Administrators Dakota County City-County Managers Dakota County Commissioners Dakota Future Board of Directors Dakota Co. Mayors & City Council Members Dakota Future Board mac,,. _ Appendix A- 1 B. Summary of three county approaches to economic development Hennepin County, MN Profile Population (2004) 1,120,897 Size 611 square miles Proximity/relationship to major Urban, suburban, and rural, including primary downtown metro area for Minneapolis-St. Paul MSA Pop. growth rate (1990-2000) 8.1% Median household income $51,711 (1999) Educational attainment (2000) High school graduates: 90.6% of persons age 25+ Bachelor's degree or higher: 39.1% of persons age 25+ County Economic Development Program Overview The Hennepin County economic development program is a department within the county government structure within the Public Works Department - Housing, Community Works and Transit section - Administrative Division. Other divisions within the section include housing, transit and community works. The development programs goals include ■ keeping businesses in the county ■ providing an economic development perspective to all county investments ■ supporting smaller jurisdictions without staff ■ brownfield redevelopment ■ transit oriented corridor development ■ providing the benefit of tax exempt financing to development projects that achieve certain job creation goals Staffing and budget One staff person administers the economic development programs. A team of 1.5 FTE in a separate division manages the two environmental cleanup funds. Program summary Patrick Connoy, an economic development professional with 30 years of experience at the city, regional and state level, works closely with cities in Hennepin County on transit oriented development projects and brownfield revitalization initiatives. He provides support on financing the expansion of manufacturing operations and provides technical assistance to smaller rural communities in western Hennepin County. Appendix B - 1 He is responsible for administering the Transit Oriented Development Fund and Common Bond Fund. Transit Oriented Development Fund Hennepin County appropriated $2 million/year in Capital Bond funds ($10 million over five years 2003-2007) to support multi jurisdictional Transit Oriented Development (TOD) housing and redevelopment projects. Funding is only available to projects that occur within or directly adjacent to Hennepin County owned transit corridors or corridors in Hennepin County, and/or where new or enhanced transit services supporting county strategies are taking place. The program is typically oversubscribed. In 2006, there were 13 applications totaling $6M ($2M available). Of that amount requests for $2.7M came from the suburbs and $3.4M from Minneapolis. In 2005 the $2M program leveraged $134M in private funds and $37M in other public funds. Common Bond Fund Industrial Development Bonding Hennepin County expanded the Minneapolis Common Bond Fund (CBF) Program to suburban Hennepin County manufacturing companies. In existence since 1982, the CBF has been used to finance a wide variety of manufacturing and industrial projects financed with tax-exempt and taxable revenue bonds issued through the CBF. EDA Revolving Loan Fund (RLF) Hennepin County is proposing to establish a U.S. Economic Administration (EDA) Revolving Loan Fund (RLF) for both businesses negatively impacted by county road construction and for employment program participants to start businesses. Focus on Program o Interest: Brownfield Remediation Program history/ Hennepin County created the Environmental Response Fund context (ERF) in 1997 with County resources to encourage redevelopment of numerous contaminated properties. The ERF was created to provide resources county wide, though the majority was obligated to clean up one very significant site that is now nearing readiness for development. The county also secured funding from the US Environmental Protection Agency in 2000 to create a Revolving Loan Fund; this fund provides loans to private businesses for contaminated site clean-up. Purpose, activities, ERF provides grants to support investigation and/or clean up of impact contaminated sites. The cycle is twice per year. The Revolving Loan Fund provides funding (loans?) for hazardous and petroleum contamination cleanup. Staffing, approx. Staff. 1.5 FTE. Staff is funded through an enterprise find annual budget and which has revenues from solid waste fees. In the future some of source of funding the revolved EPA funds may be used for administrative costs. Appendix B - 2 ERF Funding: In 1997 a state statute authorized the county to collect a mortgage registry and deed tax. Annual budget is $5- 10 million. Revolving Loan Fund: A total of $3 million has been loaned to date in six loans. Hennepin County is a national leader in this program. Lessons learned The County meets regularly with the state and Metropolitan Council who also provide remediation funding. They jointly review a common application to allocate funds. The County funds are oversubscribed at least 2 times each round, and the other partners are often oversubscribed 3 times. Minnesota's coordinated approach with a variety of resources seems to encourage remediation activities. It is also important to note that Tax Increment Financing as authorized by the State allows local communities to fund cleanup activities. Future direction Special legislation is needed to extend the County's authority to collect the tax for ERF. The County has also been aggressive in securing brownfield assessment funds from the US Environmental Protection Agency and has had special programs associated with ■ suburban brownfields ■ Transit Oriented Development, ■ Two Minneapolis corridors, and ■ Bassett Creek Valley The assessment program has been well received. The county role is perceived well by the cities who benefit from the counties expertise. The county contracts for the assessment - scopes it, oversees it, & provides final report (Phase 1 or Phase 2). "Clients" are cities or HRAs. Appendix B - 3 Kern County, CA (Bakersfield) Profile Population (2004) 702,855 Size 8,141 square miles Proximity/relationship to major County boundaries includes farmland, scenic metro area mountains, desert environments, Edwards Air Force Base, 12 cities, including on dominant city, Bakersfield, located North of Los Angeles. Pop. growth rate (1990-2000) 21.4% Median household income $35,446 (1999) Educational attainment (2000) High school graduates: 68.5% of persons age 25+ Bachelor's degree or higher: 13.5% of persons age 25+ County Economic Development Program Overview The Kern County Community and Economic Development Department is part of the county's Resource Management Agency. The Community Development function began in 1975 in order to manage CDBG funding. The County works significantly through a partnership which is discussed in detail below. Each partner serves distinct roles. The largest city is Bakersfield which plays a major role in the area. It has its own development/planning team. A couple other cities are building staff capacity, but much of the county is served for economic development purposes by the County and Kern EDC. Staffing and budget Today the economic development function is limited to one person, and housing is staffed by five. Planning is in a separate department. The Economic Development Division budget is funded through CDBG. In 2006 a limited amount of county general funds were also allocated to the department to replace losses in CDBG. Planning department is short staffed right now and is in the process of hiring a person whose responsibilities will include integrating economic development with physical development and comp plans, including work with smaller communities. _ Appendix B - 4 Program summary Kern County Economic Development is primarily responsible for financing development projects. Through the partnership with Kern EDC and others, this department is the primary funding source. Resources include: Microenterprise Opportunity Program Offers small business loans to eligible, qualified borrowers seeking to start or expand their businesses. Loans from $2,500 to no more than $50,000 are available. This is a new program capitalized by CDBG funds that were in a revolving loan fund that was underutilized. To date, no loans have closed. County of Kern Economic Incentive Program Offers cash payments to qualified, non-retail businesses whose investment will yield not less than $50,000 taxes over a five year period to the County of Kern General Fund Taxes includes both property and initial construction sales taxes. Recipients must also create at least 10 full-time equivalent permanent jobs with benefits that are available to Kern County residents. The financing is similar to abatement in Minnesota. One important note: of the qualified abatement, 90% goes to the business; 10% goes to Kern EDC. Criteria for impact are as listed above. Contact: Paul Sipple 661 862 5029 Southeast Metropolitan Bakersfield Enterprise Zone Offers State of California tax benefits to businesses within the zone. There are three zones in the County but only one where the County is active. In 2003, $3.5 million in value was created. County of Kern Industrial Development Authority An alternative source of tax-exempt financing for manufactures seeking to make qualified capital investment within the County and create new jobs. Has limited usage. CDBG Most funds are allocated to community projects including curbs, gutters, senior centers, and small amount for development projects through the microenterprise program. Kern Economic Development Corporation The Kern Economic Development Corporation was formed in 1988 as a private nonprofit with the mission of stimulating a diversified and strong economic climate in Kern County. Kern EDC recruits new businesses to Kern County, helps established businesses with relocation and/or expansion efforts and works with local companies to provide economic data., workforce information and facilitation of the regulatory process. Kern County designates Kern EDC as the lead economic development entity. Kern EDC's board is primarily CEO's of local companies, but includes two County Supervisors. This has helped County leaders better understand the private sector needs. Appendix B - 5 The County approved an increase in its annual cash contribution to KEDC for FY 2005-06 from $42,000 to $100,000. [This may be due to county supervisors wanting to support a major campaign underway that will ultimately result in reducing public investment.] Kern EDC has a staff of l OFTE, some from private sector backgrounds. Kern EDC provides no gap financing, but refers businesses to local agencies with resources. The organization is expanding its role in workforce development; one staff person is tasked with facilitating matches for cluster industries with schools. One challenge is that the training offered by the schools often does not match the needs of employers. This has been a concern in the community. The new workforce role at Kern EDC is to help address this mismatch. Kern EDC actively markets Kern County to six industry sectors. Activities include both retention and recruitment. These sectors are subsets of Kern County's primary industry clusters. The sectors are: • Financial Services and Customer Service Centers • Logistics • Plastics and Light Manufacturing • Technology • Value Added Agriculture • Aerospace Kern County's Primary Industry Clusters are: • Value-Added Agriculture • Transportation, Warehousing and Logistics Services • Energy and Chemicals • Aerospace and Defense • Health Services and Medical Technologies • Business and Professional Services • Tourism, Arts & Entertainment Focus on Program o Interest: Strategic approach - Collaborative Model Program history/ A Kern County Economic Development Strategy was launched context in 2005 to implement recommendations from a consultant about how to streamline and leverage resources for greater development. A less focused partnership had existed in the late 1990s. The previous partnership apparently lacked lead agencies and restructuring of agencies to achieve identified goals. This collaboration harnesses public, private, and non- profit partners. Purpose, activities, The partnership has five strategic initiatives. A lead agency was impact identified for each. As the plan was approved in 2005, progress to date has been focused on tasks to get each agency focused on their responsibility. Some reorganization was required. r c Appendix B - 6 Human Resources & Skills Development - The Workforce Investment Board and its staff agency focus a portion of their workforce development resources on the distinct needs of the County's industry clusters. Efforts include creating link for K- 12 programs to employer needs. Support development of industry clusters - The Kern EDC leads an effort to convene cluster members, listen, and respond, by fostering public-private collaboration. Land Use and Infrastructure Planning - The County planning department becomes the lead entity in land use, transportation & basic infrastructure planning in a way that responds to the needs of the clusters by establishing an advisory group that is directly involved in planning & oversees major investment & land use decisions. Tourism Marketing & Branding Kern County - The Board of Trade became the lead for tourism and film; initial task includes establishing a new countywide brand. Financing Entrepreneurship & Innovation - The County Economic Development Dept. and Kern EDC develop new programs that respond to the finance needs of Kern County's innovative entrepreneurs. (Micro enterprise & risk capital for technology based ventures.) Success measures are being created; a local university professor will be working with partners to establish these in 2006. Staffmg, approx. The County provided a staff person to coordinate the initiative. annual budget and That person recently retired and is volunteering to help identify source of funding a permanent effective coordination role/agency. Since most of the work is now conducted by lead agencies, the coordination is mainly to check in and monitor overall success. Lessons learned This partnership is better than the previous attempt because is has fewer foci and a lead agency for each area. Future direction The partnership meets regularly to keep tracking progress. Appendix B - 7 King County, WA (Seattle Area) Profrle Population (2004) 1,777,143 Size 2,126 square miles Proximity/relationship to major Includes Seattle and rural/mountain areas inland. Major metro area port and airport. Pop. growth rate (1990-2000) 15.2% Median household income $53,157 (1999) Educational attainment (2000) High school graduates: 90.3% of persons age 25+ Bachelor's degree or higher: 40.0% of persons age 25+ County Economic Development Program Overview The Office of Business Relations and Economic Development (BRED) is within the office of the County Executive (elected at large). The goals for the department are adopted as part of the comprehensive plan of the County. The development programs goals include: ■ Assisting in business finance; ■ Promoting exports; ■ Assisting rural communities through economic development; ■ Coordinating an apprenticeship program to provide employees to target industries. The department is within the office of County Executive who is elected at large. Years ago the team was part of a larger department that essential worked as think tank and point team for major initiatives of the Executive. In recent years the team was broken up across numerous departments, and functions today not much differently than other departments. Staffing and budget There are five full time staff. Three are funded by the County levy; two are funded by grant income. Program summary Business Finance Programs The County offers traditional financing including: industrial revenue bonds, SBA, business loans, and access to a nonprofit partner for entrepreneurs. All funding sources are federal as state statute prohibits local entities from providing lending. There are relatively few transactions in this function. The new rural focus is anticipated to be a primary focus in coming years. Contact: Pablo (206) 205 0713 = ^ r Appendix B - 8 i _ nr, Export Promotion Program King County is home to some of the largest ports in the United States. The program began in 2004 by offering an annual symposium training businesses on how to enter or grow in the export market. In 2005 roughly 150 people participated. The County also sponsors the Export Mentor Program (2005-6), funded by a grant from the US Economic Development Administration. For one year company executives are matched (mentor and mentee) to share knowledge about succeeding in the export industry. The future of the program is being explored, as the grant expires this year. Contact: Allison Clark (206) 2961939 Rural Economic Strategies In 2004 the County approved a plan to create a rural economic initiative. This was in response to rural areas opposing a "critical areas" policy adopted by the board that rural areas felt limited options too much. The specific Rural Economic Strategies (approved Dec. 2005) focus both regionally and around specific economic clusters including: • Agriculture • Forestry • Home-based businesses • Tourism and recreation • Rural Towns and Commercial Neighborhood Centers • Rural cities The plan identifies goals and action items, though action items can be added any time. In the short term action items have already been accomplished even though the implementation plan is still being prepared. The goal is to be responsive while also strategic. For example, one recent action item was to find a facility for a value added natural resource firm to operate. An ongoing action item is to change zoning regulations for rural areas to allow home-based businesses with greater flexibility than in urban areas. The staff provides two basic services: technical assistance to communities and businesses, and facilitation/partnership building to address local needs. The program is staffed by one person, based in Seattle. She came from outside the county when the position was hired and had extensive rural development experience. The budget is funding from the general fund; a modest project budget is authorized for specific purposes. The program has been year-to-year contractually, though is potentially becoming a permanent role in 2007. Contact: Julia Larson (206) 296 1062 Workforce Development BRED's workforce development goal is to train incumbent, dislocated and unskilled workers in the skills required by those industries that offer the best opportunities for employment and employee career advancement. This function (1FTE) was recently reorganized out of economic development and into the Human Services Department. The King County Apprenticeship Program is part of a concerted regional effort to address population trends in recent demographic studies that forecast a shortage of skilled workers in the - Icn^!c Appendix B - 9 9~ construction industry in the Puget Sound Region. An essential component of the program is the inclusion of minorities, women, and persons with disabilities and economically disadvantaged youth as apprentices on selected county public works projects. Resulting journey workers can enter the region's pool of skilled labor, fully qualified for jobs. In addition to promoting a well- trained diverse workforce that is critical to the economic and social vitality of the Puget Sound region, the apprentice starts a career path in a vibrant and essential industry, while earning a livable family wage. Accomplishments include: • Achieved an overall 15.4% apprentice utilization rate in 2004. A total of 692 apprentices were employed on county projects; • Revised apprenticeship requirements to set participation levels based on the contract scope of work; • Improved communication to gather and report the use of apprentices on county contracts; • Strengthened mechanisms to support contractor compliance with the apprenticeship requirements; • Implemented a web-based reporting system for use by contractors to report all labor hours worked by apprentices by trade and craft; and • Effective January 1, 2004, the Apprenticeship Program includes annual hiring voluntary goals for minorities and women (20% and 18% respectively of all apprenticeship labor hours) for County-funded construction projects that contain the apprenticeship requirements. Contact Carolyn Bledsoe (206) 296 3432 Focus on Program o Interest. Public Private Partnership "ente riseSeattle" Program history/ enterpriseSeattle is a public private partnership to promote the context entire greater Seattle area, which is basically King County. King County, the City of Seattle, and numerous smaller cities are public partners. Partners meet quarterly. There are 26 private sector and 25 public sector board members. A nine-member executive committee of the board meets more regularly. The partnership has existed for 34 years; until 2004 it was known as the Economic Development Council. The 2004 restructuring/rebranding occurred to promote a new strategy, triggered by the need to respond to the com bust. The organization is housed in the offices of the regional chamber of commerce. The King County executive is on the board and executive committee of enterpriseSeattle. The county staff provide access to a financing tools for those communities without local sources. Purpose, activities, The organization provides retention and recruitment services, impact often matchmaking with local units of government or other potential gap financing resources. enterpriseSeattle provides no direct a financing. _ Appendix B - _ r 10 The organization's proactive work focuses on 5 clusters: ■ Information Technology, Aerospace, ■ Life Sciences, ■ International Trade/ Logistics and ■ Clean Technologies enterpriseSeattle is responsive to all inquiries. Due to the recent restructuring, results are not et in. Staffing, approx. 7FTE annual budget and 2006 budget of $1.6 million. Plan to grow to $10 million annually source of funding to allow for industry experts. This initiative is a public private partnership funded 40% by local government and 60% from private sources. King County, the City of Seattle, and numerous smaller cities are public partners. King County is the largest public investor utilizing $200,000 from the general fund in 2006. Staff provide services not only in the local area, but attend trade shows for the clusters. Lessons learned The previous organization has lost a proactive mode during the .com boom. When the bust occurred they had not been working on growing other sectors, as such the organization, like the economy, was out of balance. The new goal is to focus on 5 clusters that are not all intertwined. King County's economic development director is the point person for enterpriseSeattle; as such he either delegates to his staff or identifies appropriate County staff in other departments to address needs of business. Each of the major partners that works with enterpriseSeattle has a distinct role. The organization attributes some of its success to being neither a ublic enc nor an association with members (i.e. chamber). Future direction Goal of being aggressively easy region to invest in. Contact: Jeff Marcell, the VP at Enterprise (206) 389 8650 x654). c, r rr Appendix B - 99 TAN-30-2007 14:27 DAKOTA COUNTY CDA 651 675 4405 P.02 Dakota County Economic Development Strategy Resolution approved by the County Board on 12/19/06; 7,34 - Adoption Of Economic Development Vision And Principles And Direction Regarding 2007-2006 Initiatives WHEREAS, the Dakota County Board of Commissioners envisions a future in which Dakota is recognized as a premier place in which to live and work; and WHEREAS, the Dakota County Board of Commissioners recognizes that the concepts of economic development, workforce development, and community development are interdependent, mutually supportive, and essential for sustainable economic vitality; and WHEREAS, the Dakota County Board of Commissioners recognizes that a Dakota County economic development strategy is necessary to ensure efficient allocation of resources and effective collaboration with eeonomle development partners; and WHEREAS, in April 2005, Dakota County and Dakota County Community Development Agency (CDA) staff initiated discussions on how to assess overall economic development activities and overall coordination; and WHEREAS, as a result of these discussions, a Request for Proposals was issued by the CDA for a consultant to evaluate existing economic development efforts within the county and identify gaps that could be better addressed by a shared vision and Dakota County strategy; and WHEREAS, in January 2006, the CDA selected a consultant to facilitate the development of a Dakota County Economic Development Strategy; and WHEREAS, the results of this research, analysis, and recommendations were presented to the Physical Development Committee of the Whole on December 12, 2006. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby adopts the following Economic Development Vision and Guiding Principles: Vision We envision Dakota County as a globally competitive economy that is vigorous, diversified and innovative, providing opportunity and prosperity for businesses and residents alike, while sustaining a healthy environment and a superior quality of life. Guiding Principles • Dakota County government will take a collaborative approach to economic development internally and extemally, working among county departments and agencies, as well as with cities and other partners. Care will be taken to avoid duplication. ■ County government will plan for and Invert in critical infrastructure (e.g_ transportation, telecommunications) and other competitive advantages that support economic growth and vitality. • Dakota County government may choose to be involved in economic development projects that meet the following criteria: 1211412006 9:36 AM Page 31 g:1,finat board\ms 12-19-06 bxdcomm.doc Agenda Page No. 0197 4151a JAN-30-2007 14:29 DAKOTA COUNTY CDA 651 675 4405 P.03 o are highly visible and regionally significant in the Twin Cities metro area; o are physically located in more than one community; o involve county and state roads; o create a significant employment, infrastructure or tax base impact; o demonstrate a positive return on investment, or o preserve, enhance or remediate environmental quality. ■ County government may develop economic development initiatives at the county level to respond to the need for specialized expertise and economies of scale (i.e. workforce housing, Brownfield remediation, telecommunications, workforce development). ■ Dakota County government will use research and policy development as a framework to guide and evaluate economic development strategies and actions. ■ County government will consider workforce, employment, and tax base development to enhance long- term plans and investment decisions. and BE IT FURTHER RESOLVED, That staff is hereby directed to work with the Dakota County CDA staff to evaluate the fiscal impact of implementing the following Strategic Initiatives and to present the results to the County Board by April 2007: Strategic Initiative #1: Invest in transportation and transit networks Efficient transportation and relatively low levels of congestion support the productivity of the workforce and the competitiveness of Dakota County businesses. Transit and transit-oriented development help alleviate congestion and the demand for additional highway capacity. Efficient transportation and transit make Dakota County a competitive business location. Strategic Initiative #2: Coordinate strategic infrastructure and land development Dakota County government works closely with cities and townships to plan infrastructure investments and land development patterns to strengthen the tax base and accommodate quality employers. Investments are made strategically, taking into account measurable economic impacts. Excellent infrastructure (transportation, telecommunications, utility services) makes Dakota County a competitive business location. Strategic Initiative Aka: Link workforce development and economic development A proactive and responsive workforce training and development system is attractive to existing and prospective businesses and helps ensure that an appropriately skilled workforce will meet the needs of current and future businesses in Dakota County. Strategic Initiative 94a: Create prospect response capacity The County Board desires to have the CDA develop alternatives for Strategic initiative 4a that could enhance marketability and responsiveness for County Board consideration. Strategic Initiative #4b: Enhance image, marketing and branding. Business decision-makers identify Dakota County as a good location for high-quality companies. Strategic Initiative #5: Provide quality workforce housing The Dakota County CDA provides opportunities for workers with modest incomes to live in decentlaffordable housing located in close proximity to places of employment Strategic Initiative #6: Strengthen development-related research and policy capacity Research provides a sound basis for informing and shaping County government development policies and investments. The Dakota County CDA, in cooperation with County staff, will provide analytical information to other jurisdictions in the County that helps shape local economic development decisions. 1211412006 9:36 AM Page 32 r~ g_1fnal board\mz 12-19-06 brdcomm.doc Agenda Page No. V98 TOTAL P.03 i t r v 4 I cl~ IL) tt, hw~ 4 -V /D ~ P yr, _ - . r a _Ly 4 J , 1 d 7777 -71 m ~ -1 f- -L; it /D, 3 ~ . - . s ~ - ~i i ~ .~w _ v. 1 ~ ~ t-, ~ i ~ L- . r . _ - - .p..~ez,+~~.~', _ _ _ ~1 ~ ~ ti Ll rte-±~ l~~ _~`--i `l ~ - ~ I yam,. _ . ~ ~ . ~ t _ - ,~a~ -7. ~ _ _ rt. t ~ ~ ~l ~ ~i.~ ~ ~ -t-, - gill ~ ~ t~ ~1 ~~1 ~ . ~i~ ail ~ , l-~~ ~ ~ i it <Zl 11 ~ ~ t-, ail _ ~ ~ ~ ~~2 - ~ r ; ~ _ -,-=w ail ~ ~ L, ~ Y y ~Zl ~ ~ it ~ ~ i 1 _ii L- L, L-, ~ - ~ - ~ ~ C~ ~ ~ _ ~ ~ ~ , ~ . L L-1- 1 ~ us h1 (l ~ ~ L ~ `~l r `L~ l-ti. I-- L L A7,- L - l ~ x - t _ - y l , 1 ~L -L- L c. 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CQO.,•- us o nCD„ O CD O o OECD QL emu, 0) cr c' CD CD r, CD t. 41,1 o C, CD Cp f iy w RL~HY:Fr ~'`~a spa'; Sao ~ y y 0 < 1 • :0 '0 CD OU4 CD (D I R6 O`■ G~ h^k}~ aka; ~ F^ ~ ~ , V .0 - O 77, _ r~iA•a. f5t `v x a_ 1 0 Qo CD -01 • ~n CL 0 (o O`C O CD-~~ O CD 4 } CD CD - C <0 CD 3 Y CD ay CD ;x CD U - CD cn C7 MY- as _ • CD 3 C (D cn 0 } Er = CD O t ~ O 0 CD =3 co a CL) s° a -0 0 CD =3 CD cn n r+ CD 0 ` CJ CD O cn cn Agenda Memo Eagan Economic Development Authority Meeting February 13, 2007 IX. CEDAR GROVE REDEVELOPMENT DISTRICT NICOLS RIDGE ALTERNATIVE CONCEPT ACTION TO BE CONSIDERED: To receive a presentation of a concept plan by Lennar Homes (aka US Homes) for a potential modification of the redevelopment plan for the Nicols Ridge Residential Development in the Cedar Grove Redevelopment District and provide staff and the developer direction in regard to the questions outlined in the Issues section below. FACTS: Concept Plan Review • The City generally does not consider concept plan reviews for ordinary development applications, but it has provided the opportunity for developers in redevelopment districts to present concept plans in order to determine whether the proposed development conforms sufficiently with the City's vision and redevelopment goals for the area to merit additional consideration through the formal applications for development and public financing assistance. In this case, the developer has a previously approved concept plan and is proposing an alternative that would change the configuration and number of units, their overall tax value and, by extension, the tax increment they would be expected to generate. • This concept review is not intended to presuppose the outcome of future application considerations or agreement negotiations. Redevelopment District Background • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • As a part of that redevelopment activity, the City approved a concept plan presented by Delta Homes and a development agreement for the redevelopment of properties south of Cedar Grove Parkway. The approved concept plan called for 230 residential units in a combination of row-homes and condominiums. • The development agreement was subsequently assigned to US Homes/Lennar and amended on several occasions to adapt to specific facts or transactions related to the development of the property. ~~a • In summary, the development agreement required the developer to undertake the construction of the number of units approved, in exchange for which the City would assist with acquisition of third party properties with the full costs of acquisition to be reimbursed by the developer. To offset the costs of acquisition, demolition and relocation, the City also agreed to cover the costs of public improvement assessments in the amount of $1,065,986, a cash parks and trails dedication obligations in the amount of $380,304 and a trunk utility fee of $50,522 for the project. • Lennar has proceeded with the construction of homes in the initial phase of the development. To date, they have built 48 row-home units and 14 condominium units. The development agreement anticipates the development of 28 additional row-home units and 140 additional condominium units in two more development phases. • Lennar's sales have been affected by the flattening housing market, but to date, they have sold 32 of the row-homes and 13 of the condominiums. • The TIF Development Agreement phasing plan required that 79 units be constructed by December 31, 2006. While the unit count has not been met, which is a condition of default, the developer has requested the opportunity to present a modified concept plan proposal for consideration by the City. The penalty for default is the forfeiture of the City's obligation to pay some or all of the financial assistance. In consideration of the developer's request to present a revised concept, no notice of default has been issued to date. • Over the years since the development agreement was approved, the developer and the City have acquired all of the properties in the redevelopment area. A map depicting the current property ownership is included in the attachments. Concept Plan Overview • The City is in receipt of a revised concept plan prepared by Lennar that proposes the development of the remainder of the Nicols Ridge project with row-homes and back to back row-homes, from Lennar's Colonial Series. The developer indicates that Lennar is no longer developing condominium products in this area and no additional condominium homes are proposed to be built at Nicols Ridge. • The concept shows the following: • As a consequence of the shift in unit type, the total number of housing units would be reduced from 230 to 175. • The replacement of the condominium/flat configuration with additional larger, multi-story units in row or back to back configurations results in the overall building footprints and massing on the site to be comparable to the approved row-home/condominium plan. • The private street circulation plan is substantially similar to that in the approved concept plan. • To reduce construction costs, the developer is proposing to deviate from the Cedar Grove Zoning District finish materials standards by replacing the cement-based siding materials required in the development agreement with vinyl siding products, which are shown on the building photos from their Plymouth development. The developer will bring samples of the alternative materials to the workshop. • The concept plan could be executed in one of two ways. • If a revised concept plan is approved, the developer would construct an additional 113 homes in three phases. • If a revised concept plan is approved, but the City determines that it would be in the interest of the redevelopment district to pursue other redevelopment alternatives on the remainder of the site, the developer could complete construction of an additional 57 units on property that it has already acquired. In that case, the City would retain the properties it has acquired and the developer would sell the former Gonyea parcel on the western portion of the site. The most practical way for the Lennar parcel and the City parcels in that part of the area to be developed would be through an assembly of the properties. • The developer has also provided a proforma analysis indicating a range of financial assumptions for each of the construction scenarios. Two base scenarios are as follows: , • The analysis indicates that if Lennar receives approval of the revised concept plan, purchases the City owned properties under the terms in the development agreement, completes the additional 113 homes and is required to absorb TIF penalties associated with the difference between constructing 230 units and 175 units, it will experience a loss of $627,650. • On the other hand, if the developer were to build the additional 57 units on the property it currently owns, sell the Gonyea parcel for its purchase price of $562,850 and absorb the TIF penalties associated with the difference between 230 units and 119 units, it would experience a loss of $1,232,921. Further analysis is necessary, however, to determine whether and how the TIF penalty would be applied if the City were to pursue another development proposal for the City owned properties and the Gonyea property. • The developer has also included in its summary analysis the potential effect of alternative assumptions, such as: City waiver of TIF penalties, City sale of acquired property at less than the acquisition cost and disposal of the developer's Gonyea property at less than its purchase price. Each of these alternatives presents financial and policy implications for the City. • Had the development contemplated by the development agreement been completed, the Nicols Ridge project would have covered the TIF assistance to the developer and additional revenue to support extraordinary costs in the Core Area Redevelopment. If the City were to waive TIF penalties or write down the resale of properties beyond a certain point, the project would not generate enough revenue to cover those costs and it would become necessary to subsidize Nicols Ridge from increment elsewhere in the District. ISSUES: • While the City is not taking formal action regarding such issues as the future subdivision of the property in advance of the formal applications and review 1,R ~Z process, it would be in order for the Council/EDA to provide direction in the following areas: • Is the City Councll/EDA open to consideration of an alternative redevelopment of the property described? • Is a plan that reduces the number of residential units in the Nicols Ridge project acceptable? Is the City open to a plan that eliminates the condominium units required in the development agreement? • Is the "Colonial Series" product to be substantially similar and acceptable as an alternative to the housing products constructed at Nicols Ridge to date? Is the Council/EDA satisfied that the proposed facades and site design can be integrated into the development to be complementary to the homes constructed to date? • Is a change from the required cement based siding materials to vinyl siding materials acceptable? • Would the Council/EDA consider additional financing assistance to the developer in the form of waiving TIF penalties or reselling City owned property to the developer at less than their acquisition costs? If so, would the Council/EDA support assistance only to the point that the Nicols Ridge project and its TIF revenues break even or would the Council/EDA support the use of increment from elsewhere in the District to provide a specific return on investment for the developer? • What are the relative merits of having the developer complete this portion of the Cedar Grove Redevelopment under revised expectations versus having the developer complete development of the property it currently owns, understanding that it would do so at a loss, and the City pursuing other redevelopment options for the remainder of the property? • Are there other development factors or financial considerations that the EDA and City Council would expect to be addressed if the project were to proceed under a revised development concept? ATTACHMENTS: All without page number • Redevelopment District and Property Acquisition Map • Nicols Ridge Development-remaining property (aerial photo) • Approved development concept plan • Lennar letter including financial scenarios • Redevelopment Concept Site Plan on page • Building renderings, photos and floor plans in Lennar booklet Agenda Memo Special City Council Meeting February 13, 2007 X. DISCUSS ADVISORY COMMISSION TERMS ACTION TO BE CONSIDERED: To consider the recommendation of the City Council's Personnel Committee to: • Change the length of advisory commission terms from 3-year terms to 2-year terms (plus a one- year alternate); and, • Change the maximum number of commissioners on each commission to seven (7) members plus one alternate. FACTS: • The Personnel Committee, after their meeting on February 6, directed staff to prepare a draft plan that would establish seven-member commissions (plus an alternate) on each advisory commission, with all terms of service being two years. • The Committee suggested that by having two-year terms, approximately one half of the Commission would be eligible for reappointment each year. • Moreover, in light of the number of resignations on the Commissions in the past year, it was suggested that a 2-year term might be more acceptable to potential applicants than the current 3-year requirement. • The Airports Relations Commission and the Advisory Parks and Recreation Commission currently have ten (10) members (including alternates), and thus the reduction to 7 members (plus one alternate) would most impact these commissions. • Likewise, the Burnsville/Eagan Telecommunications Commission (BECT) has eight members, plus two alternates. Of the ten total commissioners, five are appointees by the City of Eagan and five are appointed by the City of Burnsville. Any changes to the make up of BECT would likely need to be discussed with the City of Burnsville to ensure consistency on the appointment process. • Enclosed for the Council's review are rosters for each of the Commissions, which note when each commissioner's term will expire, and how the appointment process could work if the City went to 2-year terms (the proposed changes are not meant to reflect specific commissioners who would fill each revised term; rather, the proposed terms are simply aligned with when the seat will be scheduled for reappointment). • The changes are proposed to impact those commissioners whose terms will be expiring this year. At the direction of the Committee, in an effort to change the fewest number of terms as possible, those commissioners whose terms expire in 2008 and 2009 are not proposed to change as they could simply become 2-year terms at the time their current terms expire. • The City Council is encouraged to discuss the recommendation of the Personnel Committee and provide direction to staff on their proposal. ATTACHMENTS: Attached as pages /.Z7 through /a~ are grids showing the current and proposed terms for each commission. ~o~ ~P ADVISORY PLANNING COMMISSION Original Appointment Term Expires Proposed Terms Name Kimberly Feller May 2006 Aril 2007 1 r./ 2008 Steven Chavez April 2004 Aril 2007 1 r./ 2008 Maggie Jensen May 2006 Aril 2007 2 yr. / 2009 Peter Dugan (alternate April 2004 April 2007 Alternate 06-07 2008 Dana Keeley Aril 2005 Aril 2008 2008 Thomas Heaney May 2006 Aril 2008 2008 Gary Hansen January 2003 A ri12009 2009 Nadim Zoberi May 2006 May 2009 2009 ADVISORY PARKS AND RECREATION COMMISSION Name Original Appointment Term Expires Proposed Terms Mark Fili i May 1997 Aril 2007 Delete Margo Danner January 2001 Aril 2007 Delete Muhammad Lodhi Aril 2004 Aril 2007 Alternate / 2008 Laurie Halverson May 2006 Aril 2007 2 r. / 2009 Duane Hanson April 2004 April 2008 2008 Joseph Bari January 1999 Aril 2008 2008 Richard Pletcher January 2001 Aril 2008 2008 Dorothy Peterson January 2000 Aril 2009 2009 Phil Belfiori January 2002 Aril 2009 2009 Ryan Zipf Aril 2005 April 2009 2009 AIRPORT RELATIONS COMMISSION Name Original Term Expires Proposed A ointment Term Justin Countryman May 2006 Aril 2007 Alternate/2008 Vacant Aril 2007 Delete Vacant A n12007 Delete Steve Beseke May 2006 Aril 2007 2 r. / 2009 Charles Thorkildson January 1999 Aril 2008 2008 Tammy Mencel August 2004 April 2008 2008 Jason Bonnett April 2004 April 2008 2008 Curtis Aljets April 2005 April 2009 2009 Jack Prentice April 2005 April 2009 2009 Bret Walsh May 2006 April 2009 2009 IA7 BURNSVILLEXAGAN TELECOMMUNICATIONS COMMISSION Name Original Term Expires Proposed Appointment terms Joseph Conlon January 2003 April 2007 Alternate / 2008 (alternate 06-07 Jody Mikasen Aril 2005 Aril 2008 2008 Michael Owens April 2004 April 2008 2008 Bill Raker January 2000 Aril 2009 2009 Pramod Mathur May 2006 Aril 2009 2009