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09/16/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING September 16, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE P 11. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) Ill. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) a A. APPROVE MINUTES Pik B. PERSONNEL ITEMS 40,13 C. APPROVE check registers 19, Iq- D. ACCEPT a grant from the State of MN to conduct compliance checks in liquor establishments E. ACCEPT donation of $50 from RMG Realty F. APPROVE DARE agreement with School District 196 PA9 G. APPROVE agreements with Intrado and Flint Hills for the Emergency Preparedness Network f. (al H. APPROVE temporary on-sale liquor license and waive license fee for Faithful Shepherd Catholic School Q71 APPROVE temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. P74 J. RECEIVE final assessment roll and order public hearing for Project 954 (Glory Dr., Cedar Ridge Circle - Street Overlay) 10, 75 K. RECEIVE final assessment roll and order public hearing for Project 956 (Briar Hill Additions - street overlay) 197 L. RECEIVE final assessment roll and order public hearing for Project 957 (Blackhawk Oaks Addition 1 Riverton Avenue - street overlay) -77 m. RECEIVE final assessment roll and order public hearing for Project 959 (Eden Addition - street overlay) f 7W N. RECEIVE final assessment roll and order public hearing for Project 962 (Cliff Drive - street overlay) K-M O. RECEIVE final assessment roll and order public hearing for Project 966 (Federal Drive - street overlay) Sa P. ACKNOWLEDGE completion I authorize City maintenance of City Projects 06-Q, Waters Annex, and 08- A, Waters Annex 2nd 191 Q. APPROVE Telecommunications Antennae Lease with Verizon Wireless (Sperry Water Tower) g . APPROVE extension for recording Final Plat - CCBC Addition pg~ APPROVE contract and award bid for the Government Optical Fiber Network P.gIT. RECEIVE Bids & Award Contract for Contract 08-08 (City-wide Trail Improvements) V. PUBLIC HEARINGS esl A. VARIANCE - Eriks Blvd. -Larry Wittwer- A Variance of 11' to the required 30' setback from the right-of- way for a garage addition located at 4785 Eriks Boulevard on Lot 9, Block 4, Twin View Manor in the NE % of Section 33. 191 t6B. VARIANCE - Kletcatsky -A Variance to allow two (2) monument signs located at 1580 Century Point on Lot 1, Block 2, Century Addition in the SW 11 of Section 09. VI. OLD BUSINESS f, (~q A. APPOINTMENT OF LAW FIRMS to represent the City in general, prosecution, and labor legal services VII. NEW BUSINESS f if A. 2008 COMPREHENSIVE PLAN UPDATE tQ M B. ACCESSORY STRUCTURE ORDINANCE -An Amendment to Chapter 1, Section 11.40, Subdivision 5 relative to accessory structure. Pj31C. TEMPORARY DEFERMENT FOR MVTA -Resolution to allow temporary deferment for MVTA to comply with Noise Attenuation Standards for Cedar Grove Transit Station. VIII. LEGISLATIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVtLOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA D. OLD BUSINESS E. NEW BUSINESS 1. SCHEDULE PUBLIC HEARING - to consider a resolution to submit MIF Funding Application to MN Department of Employment and Economic Development for Biothera Expansion. F. OTHER BUSINESS G. ADJOURNMENT X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) X11. CLOSED SESSION X111. ADJOURNMENT r e, City of Eajan to TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 12, 2008 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 16, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 16, 2008 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 16, 2008 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the September 2, 2008 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the September 2, 2008 regular City Council meeting are enclosed on pages through. • Minutes of the August 26, 2008 Special City Council meeting are enclosed on pages through MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 2, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire Councilmembers Bakken, Fields and Hunter. Councilmember Tilley was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 2, 2008 at 6.30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hunter. Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty, and Administrative Secretary I Deputy Clerk Mira Pepper, AGENDA City Administrator Hedges noted that under item B of New Business, Council would be asked to consider retaining a consultant to assist with drafting the vision document for the property formerly known as Carriage Hills Golf Course. He also noted that a closed session would be held regarding Cedar Grove issues. Councilmember Hunter moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA City Administrator. Hedges noted that item D regarding the appointment of legal service providers would be continued to the September 16 Council meeting due to requests made by Councilmembers for additional information. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the August 19, 2008 regular City Council meeting, and the July 22, 2008 Special City Council meeting as presented. B. Personnel items 1. Acknowledged resignation of Elizabeth Bentson, part time police clerical technician 2. Acknowledged resignation of Kirk Partello, utility field maintenance worker C. It was recommended to ratify the check registers dated August 21, 2008 and August 28, 2008, D. CONTINUED TO 9/16/08 : Appointment of the general legal services provider for the City of Eagan; the appointment of prosecution legal services for the City of Eagan; and the appointment of the labor legal services provider for the City of Eagan. E. It was recommended to approve the off sale liquor license for Kowalski Companies, Inc., dba Kowalski's Eagan Wine Market, 1646 Diffley Road. F. It was recommended to approve a contract with TKDA for the provision of consulting services related to the development of plans and specifications for the upgrade of lighting at Northview Park and authorize the. Park and Recreation Director to sign the contract. G. It was recommended to approve the Subrecipient Agreement with the Dakota County CDA for Administration of CDBG Funding Program. H. It was recommended to acknowledge withdrawal of assorted applications by Select Senior Living for property legally described as Lots 1 and 2, Block 1, Terra Glenn 31d Addition. 1. It was recommended to approve a 90-day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Hwy. 3 in the SE '/a of Section 36. J. It was recommended to adopt a resolution approving an application for exempt permit for Faithful Shepherd Catholic School to conduct a raffle on January 31, 2009 at 3 3 5 5 Columbia Drive. K. It was recommended to receive the petition to vacate public right-of-way easement within the Diffley Marketplace plat and schedule a public hearing to be held on October 7, 2008. Eagan City Council Meeting Minutes September 2, 2008 Page 2 i L. It was recommended to award Contract 08-12 (Coventry Pond Neighborhood - Rain Garden Improvements), to Mike's Lawn & Landscape, for the Base Bid and Alternate in the amount of $88,321, and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve change Order No. I to Contract 07-07 (Dodd Road / Dodd Parkside - Sanitary Sewer Lift Station Improvements) and authorize the Mayhor and City Clerk to execute all related documents. N. It was recommended to approve a Final Planned Development for Lot 1, Block 1, Blue Gentian Corporate Center, located cast of Highway 55 and north of Blue Gentian Road in the NW t/4 of Section 2. 0. It was recommended to approve the consultant agreement with AVI Systems of Edina as the consultant to design technical and equipment specifications and provide final operational testing of the new studio and master control for Eagan. Television (S-TV). PUBLIC HEARINGS REQUEST BY ECUMEN FOR CITY TO ACT AS A CONDUIT FOR BONDS FOR EXPANSION OF CENTENNIAL HOUSE SENIOR HOUSING FACILITY IN APPLE VALLEY City Administrator Hedges introduced this item regarding the issuance of Health Care Revenue Bonds in connection with Ecumen-Centennial Campus project in Apple Valley. Community Development Director Hohenstein gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councihnember Hunter seconded a motion to approve a resolution authorizing the issuance of Health Care Revenue Bonds and to authorize the execution of various documents in connection with Ecumen-Centennial Campus project in Apple Valley. Aye: 3 Nay: 0 Abstained: Bakken NEW BUSINESS CERTIFICATION OF PRELIMINARY 2009 BUDGET AND PROPERTY TAX LEVY, SETTING OF TRUTH-IN-TAXATION HEARING DATES, AND CONSIDERATION OF AN ORDINANCE AMENDMENT TO CHAPTER 2.11 TO MODIFY THE SALARIES OF THE MAYOR AND CITY COUNCIL City Administrator Hedges discussed the preliminary 2009 Budget and property tax levy. He noted that Council had reviewed and discussed the proposed budget at previous work sessions. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the preliminary payable 2009 property tax levy as follows: Aye: 4 Nay: 0 General Revenue levy: General Fund $20,685,700 Major Street Construction Fund 2,371,301 Equipment Revolving Fund 987,790 Fire Apparatus 400,000 General Facilities Renew/Replace Fund 322,616 Subtotal - General Revenue levy 24,767,407 Community Center bonds debt service 1,193,903 Cedarvale Special Services District 3,000 Total levy $ 25,964,310 Mayor Maguire moved, Councilmember Bakken seconded a motion to approve the preliminary 2009 General fund expenditure budget, including contingency, of $27,729,200. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes September 2, 2008 Page 3 Councilmember Hunter moved, Councilmember Bakken seconded a motion to set the initial Truth-in-Taxation hearing date for Monday, December 1, with a continuation hearing date (if necessary) of Monday, December 8. Aye: 4 Nay: 0 Discussion was held regarding the modification of Mayor and City Council salaries. It was the consensus of the majority of the Council to raise the annual salary of the Mayor to $13,625 and raise the annual salaries of the Council to $10,000. Mayor Maguire moved, Councihmmber Fields seconded a motion to approve an ordinance amendment to Chapter 2.11 of the Eagan City Code modifying the salaries of the Mayor and City Council to be effective January 1, 2009. Aye: 3 Nay: 1 Bakken opposed, Mayor Maguire reopened discussion of item E of the Consent Agenda regarding an off-sale liquor license for Kowalski's Eagan Wine Market. Melina To, who owns a nearby liquor store, did not understand that she could ask to have the item discussed prior to action on the Consent Agenda and wanted to express her opposition to the liquor license due to the effect it could have on her business, Councilmembers explained to Ms. To that they felt her business would not be adversely effected by Kowalski's store. No changes were made to the action on this item. RESOLUTION DETERMINING THE DESIRABILITY OF ISSUING UP TO $10,250,000 IN GENERAL OBLIGATION BONDS AND CALLING FOR AN ELECTION THEREON City Administrator Hedges discussed this item regarding the desirability of the issuance and sale of general obligation bonds for the purpose of acquiring approximately 120 acres of land formerly known as Carriage Hills Golf Course for public facilities, recreation, and open space uses. Mayor Maguire discussed the framework of the ballot question. Councilmembers held a discussion noting that the open houses had been a valuable tool to begin formulating the visioning document. It was also noted that should a particular use of the property be mentioned in the visioning document it would not mean that use would necessarily be the actual use once the property is purchased. Ron Smith, 4280 Sequoia Drive, spoke suggesting that the wording on the ballot be exact as to the proposed use of property. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the resolution determining the desirability of issuing up to $10,250,000 in General Obligation Bonds and calling for an election thereon. Aye: 4 Nay: 0 City Administrator Hedges discussed the visioning statement and suggested that Hoisington Koegler Group, Inc. be hired as a consultant for the visioning document. Councilmember Fields moved, Councilmember Hunter seconded a motion to retain HKG to assist in the writing of the visioning document not to exceed $2,000. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT - DART TRANSIT COMPANY City Administrator Hedges introduced this item regarding a conditional use permit to allow a ten foot security fence for DART Transit. City Planner Ridley gave a staff report, Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow a ten foot security fence for DART Transit on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City . Council, and proof of recording submitted to the City. 2. The fence shall be constructed and maintained in accordance with City Code requirements. 15- Eagan City Council Meeting Minutes September 2, 2005 Page 4 i 3. The fence shall be located as depicted on the Site Plan dated May 15, 2008. 4. If barbed wire is utilized, it shall be located directly above the fence or angled into the property. CONDITIONAL USE PERMIT - PAMELA OETTINGER City Administrator Hedges introduced this item regarding a conditional use permit to exceed the maximum 25% impervious surface requirement by 5.6% for property located at 716 McFaddens Trail. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to exceed the maximum 256/o impervious surface requirement by 5.6% for property located at 716 McFaddens Trail, legally described as Lot 7, Block 2, Manley Addition; subject to the following conditions: Aye: 4 Nay: 0 1, This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious surface of this lot shall not exceed 23% per the Site Plan received July 14, 2008. 3. The pervious pavers shall be designed to allow infiltration into the ground of at least the first 1/2" of stormwater runoff, with this runoff not leaving the lot area after infiltration. 4. The pervious pavers shall be installed according to the design criteria and according to the guidance of the Minnesota Stormwater Manual, with technical assistance from the Dakota County Soil and Water Conservation District as appropriate, and the installation shall be overseen and inspected by City staff at the time of installation. 5. The applicant shall provide a $500 escrow deposit for inspection of the paver installation. 6. The rear yard paver patio shall be removed. 7. The applicant shall discharge water from the pool in a form and manner acceptable to the Water Resources Coordinator. 8. The applicant shall properly maintain the permeable pavers to sustain the infiltration rate according to the design criteria. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:40 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:45 p.m. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Mayor Maguire seconded a motion to adjourn the meeting at 8:50 p.m. Administrative Secretary / Deputy City Cleric Date W MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 26, 2008 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hunter and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Service VanOverbeke, Director of Communications Garrison, Director of Parks and Recreation Johnson, Deputy Police Chief Johnson, Police Lieutenant Pike, Police Chief McDonald, Chief Financial Officer Pepper, City Engineer Matthys, Fire Chief Scott, Director of Community Development Hohenstein, Superintendent of Streets Struve, Superintendent of Enterprise Operations Mesko and Chief Building Official Schoeppner. City Attorney Dougherty was also present. 1. ROLL CALL AND AGENDA ADOPTION Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5, Nay: 0 H. PRESENTATION ON CARRIAGE HILLS REFERENDUM PUBLIC INPUT MEETINGS AND DISCUSSION OF THE REFERENDUM BALLOT QUESTION City Administrator Hedges introduced the item noting the purpose of tonight's discussion is to receive a presentation by consultants of the Hoisington Koegler Group, Inc. (HKGi) summarizing concepts voiced by residents at two public input meetings that were held to discuss potential uses of the former Carriage Hills Golf Course site should the referendum pass this November. Hedges also asked the Council to discuss and provide direction on the language for the November 4 referendum ballot question. Hedges summarized the recommendations and discussions of the City Council's Open Space Committee. Hedges introduced Mr. Rusty Fifield of HKGi who summarized the feedback received at the two public input meetings held on July 15 and July 29. Mr. Fifield summarized the meeting process, input received and the matrix that was prepared following the meetings that outlined the land use options voiced by residents who attended the meetings. Mr. Fifield added that all ideas collected at the meetings have been shared with the City Council. The City Council discussed the feedback from the public input meetings. Mayor Maguire noted that there clearly was no consensus around specific uses for the property should the referendum pass; however, there was consensus that housing was not desired on the site. Special City Council Minutes August 26, 2008 Page 2 j City Administrator Hedges highlighted the memo from the City Attorney and the City's bond counsel, with options for the wording of the ballot question. City Attorney Dougherty summarized the three primary components of the question that the Council must consider, those being: the funding amount for the referendum, the purpose of the referendum, and formal notice that passage of the referendum will increase a resident's property taxes. Mr. Dougherty also added that if the referendum question states the purpose of the land use, then that purpose must be adhered to should the referendum pass. Dougherty noted that informational material that goes to the public before the referendum is not legally enforceable as to the land uses suggested, unlike the ballot question, which is enforceable. The City Council discussed the wording for the ballot question. Councilmember Hunter noted that the City should be careful not to imply that the City will be acquiring the land to run as a municipal golf course. Upon further discussion by the Council, it was directed that the proposed ballot question should note that the three uses proposed for the site would be public facilities, recreation, and open space uses. It was also noted that the question should be revised to reflect general obligations in a principal amount not to exceed $10.25 million. City Administrator Hedges noted that the attorney would work on the formal language for the ballot question, given the Council's direction tonight, and bring the question back for formal Council consideration at the September 2, 2008 regular City Council meeting. The City Council discussed the next steps once the ballot question is formally approved. There was City Council consensus to develop a visioning statement as an educational piece for the public that would specify possible uses for the land should the referendum pass. There was City Council consensus not to bring the visioning statement to the Open Space Committee; rather, the Council wished to bring the discussion back to the Council as a whole. City Administrator Hedges noted that the visioning/education piece could be further discussed by the Council at the September 11 Council workshop. The City Council recessed at 6:55 p.m. The City Council resumed the Council meeting at 7:05 p.m. III. REVIEW PRELIMINARY 2009 GENERAL FUND BUDGET City Administrator Hedges introduced the item noting that the 2009 General Fund Operating Budget process began in May, with proposals from Department Directors due on June 20, 2008. Hedges added, per the direction of the Council, Department Directors each prepared three budget scenarios - status quo from 2008, a 2 percent increase from 2008, and a zero percent increase from 2008. Hedges noted that at the Council's request, a preliminary "check- in" on the proposed 2009 General Fund Budget was held at the July 22 Special City Council meeting, at which time the Council directed staff to reduce the status quo budgets to a 4 percent level with options to get to a 3 percent level through the use of departmental prioritizations. City Administrator Hedges then summarized the proposed operating budget, noting that the budget is O Special City Council Minutes August 26, 2008 Page 3 , proposed at the 4 percent level as directed by the City Council. Hedges pointed out that most of the reductions were made in general government, with limited reductions made to public safety. Hedges added that there will be challenges in the years ahead with continued levy limits coming over the next two years, which could result in a possible impact on public safety in 2010-2011. Hedges summarized the proposed preliminary tax levy, as well as proposed budget expenditures and revenues. The City Council discussed the 2009 proposed operating budget, including the reductions proposed to get to a 4 percent level. Hedges pointed out to the City Council the proposed reduction in winter trail plowing is the result of moving the program away from contractual services and instead providing the service in-house. Hedges noted that by providing the service in-house, the result will be slower response to trail maintenance during the winter. Hedges also noted the overall market value increase that resulted from new construction within the City; however, Hedges added that there is a downward trend to market values on existing property. Hedges informed the Council that the 2009 preliminary budget including $650,000 of funding anticipated from the Market Value Homestead Credit. Hedges summarized the impact of the 4 percent budget increase on the average Eagan homeowner, noting that on an average Eagan home with a market value of $275,828, that homeowner would see a $10 tax increase in 2009. Upon further discussion of the levy and proposed budget by the City Council, the Council directed that the preliminary tax levy, preliminary 2009 General Fund Operating Budget, and preliminary Truth and Taxation dates be brought to the City Council for formal consideration at the September 2, 2008 City Council meeting. IV. NOISE ATTENUATION ORDINANCE DISCUSSION City Administrator Hedges introduced the item noting that as part of the 2000 Comprehensive Guide Plan, the City established a goal to consider the adoption of a noise attenuation ordinance that would apply to all new construction within the noise exposure zones and/or buffer zone, including construction that is not subject to development approvals. Hedges noted that to-date the City has considered, but not yet approved, such an ordinance. Hedges added that as part of the Consent Decree that settled the lawsuit filed by the cities of Eagan, Minneapolis and Richfield against the Metropolitan Airports Commission, the cities were required to consider the adoption of such an ordinance related specifically to new residential construction within certain noise contours. Community Development Director Hohenstein summarized the issue of a noise attenuation ordinance, noting that the City of Eagan considers aircraft noise impacts as part of decisions related to applications for new development within the Met Council's MSP noise exposure zones and buffer zone. Hohenstein added that, where appropriate, the City applies noise attenuation construction standards as part of the approvals of such developments. The City Council discussed the public policy questions associated with the formation of a noise attenuation ordinance. The City Council asked staff to gather additional information as to how many parcels would remain within the noise contours in which new construction would apply. The Council voiced their consensus that they wanted to focus on new construction as 9 Special City Council Minutes August 26, 2008 Page 4 opposed to additions/remodels. The Council also requested copies of the noise attenuation ordinances of Mendota Heights and Bloomington. Lastly, the Council asked if noise attenuation standards are applied, what would be the additional cost to home owners/builders to carry out those requirements. The Council asked that this item be brought back to a future workshop for further discussion. V. OTHER BUSINESS There was no other business. VI. VISITORS TO BE HEARD There were no visitors to be heard. VII. ADJOURNMENT Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:30 p.m. i Agenda Information Memo September 16, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Officer--- ACTION TO BE CONSIDERED: To approve the hiring of Aaron Machtezxaes as a Police Officer. Item 2. Revised Tobacco Free Workplace Policy- ACTION TO BE CONSIDERED: To approve the revised Tobacco Free Workplace Policy as presented. ATTACHMENT: is a copy of the revised Tobacco Free Workplace Policy (formerly titled Enclosed on page X~k Smoke Free Workplace Policy). j SECTION THIRTY-THREE TOBACCO FREE WORKPLACE POLICY The success of the Tobacco Free workplace policy depends upon the thoughtfulness, consideration, and the cooperation of tobacco users and non-users. Violations of this policy will be brought to the attention of the appropriate supervisor. Any disciplinary action will be taken in accordance with Section 19 of the City's Personnel Policy. 33.1 All City buildings, in their entirety, shall be designated as Tobacco Free, meaning that no person will use any form of tobacco products or smoke other substances while in such City facilities. 33.2 Employees may not use tobacco or smoke tobacco or other substances directly outside the public entrances of any City building. 33.3 Tobacco use is not allowed in any City vehicle. 33.4 Tobacco use is prohibited when interacting with any member of the public. 33.5 Tobacco users may not leave or display any items or materials for use or consumption of tobacco products such as pipes, ash trays, or "spittoons" in any City building or City vehicle. 33.6 Violations of this policy will constitute just cause for discipline in accordance with Section Nineteen of this Personnel Policy. 33.7 This policy supports the Minnesota Clean Indoor Act, M.S. 144.411-417, effective July 1, 1975, and the Minnesota Heart and Lung Law, M.S. 176.011, Subd. 15, approved by the Eagan City Council on April 17, 1990. AhL -7v-- City of EMello TO: MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 9, 2008 SUBJECT: SUPPLEMENTAL INFORMATION MEMO-SEPTEMBER 11 COUNCIL WORKSHOP AND SEPTEMBER 16 REGULAR CITY COUNCIL MEETING The following information is being sent to the City Council to supplement that materials previously provided in your September 11 City Council workshop meeting packet. Also enclosed is the proposed Comprehensive Guide Plan Update that is included on the Council's September 16 regular City Council meeting. The Update is being provided in advance of the September 16 meeting packet in order to give the Council additional time to review the document. September 11 City Council Workshop IV. Discuss Advanced Community Information and Visioning Statement for November Referendum A. Revised Referendum Fact Sheet Since sending the September 11 meeting packet out on Friday, September 5, the City Attorney has had the opportunity to review the proposed Referendum Fact Sheet and offer his input. Communications Director has made the suggested revision and modified the document accordingly. Enclosed on pages ]I- through is the most up-to-date Referendum Fact Sheet for the Council's review and discussion on the 1 1 cn B. Vision Statement Framework and Working Draft City Staff, along with HKGi consultant Rusty Fifield, have created a v si n statement iscussion framework and draft working document, which are enclosed on pages I L±_ through, for the Council to consider while discussing the Vision Statement for the Carriage Hills Referendum. It is hoped that this outline captures the City Council's thoughts to date, while posing a number of questions yet to be discussed. This framework proposes that the Council consider establishing the parameters for a "planned development" zoning district for the property that would be put into place if the referendum passes. Proposed uses and restrictions could be included in the newly created zoning district. The framework is intended to assist the Council in their discussion on Thursday night. As a reminder, while the fact sheet must be formally approved by September 16, there is a bit more latitude on the timing for the vision statement, as it must be approved by the Council just before the fact sheet is delivered to homes via the Experience Eagan newsletter. In short, this means the Council has approximately 3-4 weeks to formally approve the vision statement. Supplemental Information Memo September 9, 2008 Page 2 September 16, 2008 Regular City Council Meeting New Business A.-2008 Comprehensive Guide Plan Update Enclosed without page number is a copy of the 2008 Comprehensive Guide Plan Update, which is scheduled for Council consideration at the September 16, 2008 regular City Council meeting. The Update is being provided in advance of the September 16 meeting packet in order to give the Council additional time to review the document. If you have any questions about the enclosed materials, please feel free to contact me. /s/Thomas L. Hedges City Administrator Fact Sheet For Newsletter Piece on Carriage Hills Referendum Newsletter headline: Public to Decide Future of Carriage Hills Land Sample opening paragraphs: Should the City of Eagan acquire 120 acres of land formerly known as the Carriage Hills Golf Course? That 's just part of the question voters will be asked to decide in a referendum on the November 4, 2008 ballot. After four years of litigation regarding the future of the property, the ballot question lets voters choose whether the City should acquire the land for a cost of $10.25 million or whether the owner should be allowed to proceed with a mixed residential development on 90 acres of the site, but preserving 30 acres throughout the site as undeveloped space. The question appears on the ballot as direct result of the settlement of a lawsuit between the owner and the City. The settlement set the price at which the owner is willing to sell the land, and also created the opportunity for voters to choose whether the City should bond to buy the land or whether the tract is allowed to develop as housing. How would the land be used if the City acquires the parcel? What are the developers plans if the land is privately developed? What's the impact on voters, either way? These are just some of the questions addressed in the following fact sheet prepared to offer voters information which may be useful to their decision. QUESTIONS & ANSWERS 1. What is the Carriage Hills property and where is it located? Answer: Carriage Hills is the name of a 120 acre tract of land east of Lexington Avenue near Yankee Doodle Road and Westcott Woodlands. It was used as a privately run golf course from 1965 until it closed in 2004 2. What is the exact ballot question? Answer: "Shall the City of Eagan be authorized to issue and sell its general obligation bonds in a principal amount not to exceed $10,250, 000 for the purpose of acquiring approximately 120 acres of land formerly known as the Carriage Hills Golf Course for public facilities, recreation, and open space uses? " 3. What does a "yes" vote on the ballot question mean? Answer: A `yes " vote means you approve issuing up to $10.25 million of bonds by the City to pay for the acquisition of the 120 acres of land. It means taxes on your property would increase for the next 20 years to pay off the cost of the general obligation bonds used to finance the land purchase. It also means the land cannot be used for private residential development. The City would acquire the property and hold the land for future use. When there are identified purposes or community needs, the City must use the land in only three ways-as public facilities, as open space, and for recreational purposes. While the current City Council cannot bind the actions of a future City Council, they have adopted a Visioning Statement intended to inform the public about allowable uses under those three property categories and how they envision a community conversation and decision on future uses should be made. 4. What does a "no" vote mean? Answer: A "no' vote means the current landowner, Wensmann Homes, is allowed to develop up to 480 units of mixed-use housing (including single family homes, townhomes, and apartments) on 90 acres of the site, but must leave public access to a total of 30 acres spread throughout the site as undeveloped but privately owned space. Subject to Met Council approval, the property is zoned Planned Development. The timing of any construction decision is up to Wensmann. While Wensmann is free to sell the property to a third party, any new owner would be bound by the same approvals and restrictions that currently apply to Wensmann in the Planned Development. 5. What happens if I don't vote either "yes" or "no" on the ballot question? Answer: Unlike a state ballot question, a non-vote on this Eagan ballot question has no effect on the outcome, other than to reduce the number of voters on the question. A non-vote is not counted for or against the question. The question is decided by a majority of those who do vote either "yes " or "no. " 6. Why isn't there one specific land use or public purpose for the property identified in the ballot question? Answer: The question comes before the voters as a result of contingent settlement of a four year lawsuit against the City. Following that settlement, two public open houses were held prior to the adoption of the ballot question. Approximately 80 residents offered numerous ideas of how the land could or should be used. See the Web site for a complete list, however, the Council selected the following land uses for the ballot question: public facilities, recreation, and open space uses. 7. What's allowed under those three uses of public facilities, recreation, and open space? Answer: See the [Visioning Statement on] the City Web site. 8. Should the referendum pass, what would happen next? Answer: The City would then purchase the land in January of 2009, per the settlement agreement, for the agreed upon purchase price. The land would then be held for use to meet future public needs or desires. There is no immediate proposal for what to do with the land. A public process to evaluate needs, costs, and benefits, for future public facilities, open space and recreational opportunities is anticipated to occur prior to land use decisions by the City Council. 9. If the bond referendum passes, what will that do to my taxes? Answer: Property taxes would go up. A preliminary estimate, not taking into account changes in interest rates or the timing of the bond sale, indicates that for a home with a market value of $300, 000 the annual increase would be approximately $29. For a home with a market value of $200, 000 the annual increase would be approximately $18 and for a market value of $150, 000 the increase would be nearly $13 a year. 10. Is there a difference to My taxes if the land develops vs. if it doesn't? Answer: Assuming the property was already developed with the full 480 units with the mix and per unit values projected by the developer, the property would generate approximately $432, 000 in Eagan property taxes (calculated at 2009 rates.) If on the other hand, the referendum passes the City will pay approximately $830, 000 per year for 20 years to acquire the property. City-owned land is typically removed from the tax rolls and does not generate property tax income. Whether the property develops privately or is owned by the City there may or may not be additional demand for City services to serve that location. 11. Does the $10.25 million include operational or development dollars to accomplish any of the three types of land use? Could there be another referendum for that? Answer: The bonds are only sufficient to acquire the property and pay for the cost of issuing the bonds. There is no additional money set aside for any public improvements, or development. Whether there could ever be an additional referendum for a future public use on the property is unknown at this time and would depend on factors such as what the community desires the land to be used for, if improvements are necessary to the property, the costs of such improvements, and the available City dollars-if any-to pay for such improvements. 12. Has the City Council taken a formal position on the referendum either for or against? Answer: No. 13. If the bond referendum is approved, does the money go into an Open Space fund, or can it only be used for something on the Carriage Hills property? Answer: It can only be used to acquire the Carriage Hills property. TAGLINE: For more information, see the City Web site at www.citvofeagan.com. Approach to the Vision Statement The City Council has requested the preparation of a "vision statement" that provides additional information to voters about the proposal in the Carriage Hills referendum. In undertaking this task, several factors shaped the working draft that appears below: • The Vision Statement should begin with a disclaimer that informs the reader about the limitations on information in the document, specifically, nothing in the Vision Statement binds a future City Council. • The Vision Statement should be a single document that cannot be separated from the disclaimer. • Given the inability to bind future city councils, the Vision Statement must make careful use of the term "will". The term should only be applied to short-term actions that the City Council is committed to undertake after the referendum. • The Vision Statement will be published on the City of Eagan website. • For this reason, there is additional time available to craft the content of the Vision Statement. It does not need to be posted until the printed fact sheet is mailed out in the City newsletter or it is placed on the City website (if done prior to mailing). • The working draft of the Vision Statement leads to a promise that the Council will create a planned development zoning district for the property if the referendum passes. The land will need to be placed into some type of zoning district or else will be a combination of "Parks" and "Public Facilities" zoning. The proposed ordinance for this PD could be created and published on the web along with the Vision Statement. Current uses allowed under "P-Parks District" and "PF - Public Facilities" zoning district are included at the end of this document. • The Council may also wish to give direction to the level of maintenance the area will receive if the referendum passes until development takes place in the future. The City Code requires turf grass to be cut if weeds or grass get higher than 8". Currently, there are a few examples of City parkland managed as non-mowed natural areas including: o Blackhawk Park; western portion of the park/hillside area o Wandering Walk/Bridle Ridge; a large segment extending from Elrene to Wescott o Highline trail; Entire length, especially east and west of Thomas Lake Road o Central Park; hillside behind the pavilion, along Pilot Knob o Patrick Eagan; former Anderson property off of Lexington o Thresher; Entrance and surrounding slopes, all of the perimeter o Holz Farm; mid section between the farm and rental house • The Council may also wish to comment on future funding of public development/improvements to this land so as to let the public know that there may be a future referendum to fund this development. ' - Vision Statement Carriage Hills Referendum Working Draft As part of the November 4 general election, Eagan voters will have the opportunity to authorize the issuance of bonds that will be used to acquire the site of the former Carriage Hills Golf Course. In October, all Eagan residents will receive a "fact sheet" in their Experience Eagan newsletter that answers basic questions about the referendum. The City Council wants residents to have more information than provided in the fact sheet. This vision statement is subject to some important limitations: • The City Council cannot and does not advocate a course of action for the referendum. • Nothing contained in this Vision Statement binds a future City Council to take or not take specific actions or to use or not use the property for a specific purpose. The authorizing language for the referendum requires that the property be used for "public facilities, recreation and open space uses". The City Council chose this language for two basic reasons: 1. The language creates flexibility to meet Eagan's future needs for a range of possible public uses. 2. The language restricts the property from being used for private residential housing development or other forms of private development. It is important to understand that this referendum takes place in a different manner from any prior referendum undertaken by the City of Eagan. All other referenda have been proposed to meet a specific need, such as the construction of the Community Center. The issues had been studied and the uses of the bond proceeds could be explained in detail. The Carriage Hills referendum does not occur in this manner. It is the result of a settlement of a lawsuit that gives the City a one-time opportunity to buy the property. Timing does not allow the City to study use options in depth and to offer a specific plan for the property to voters. One action that the current City Council can commit to is the establishment of zoning designations for the property. While the zoning could be changed by a future City Council, the change could not occur without a public process that includes public hearings before both the Planning Commission and the City Council. If the referendum passes, the City Council would immediately initiate the process to place the property into a special "planned development" zoning district. An amendment to the Comprehensive Guide Plan, and subsequent approval by the Metropolitan Council, would be required. The potential uses allowed in this zoning district would be: A. Parks - both active and passive B. Playgrounds C. Indoor and outdoor recreation facilities D. Camping grounds (S E. Governmental buildings F. Public schools G. Hospitals H. Public utility structures 1. Alternative energy structures? J. Off-street parking, trails, shelters and other improvements that support open space, recreation and public facility uses. The proposed planned development district could contain additional stipulations on use: • Road connections to the property would be limited to Wescott Woodlands and Duckwood Drive • ? A copy of the existing planned development district can be viewed by following this link. Click here Development of public facility, recreation and open space uses on the Carriage Hills property will not occur overnight. The community meetings held in July show that there are a variety of potential uses for this property. Careful planning is needed to explore the alternatives, understand their implications and create plan for use that serves the community. Any planning process should actively engage the community in these discussions. I\X'lw:l <in !an,~~,,ri, In the interim, the City will hold and maintain the property in an undeveloped condition. Anticipated maintenance of the property include maintaining the existing site in a natural condition. As the intended use becomes more refined through the planning process, the scope/scale of the natural areas and thus maintenance would be altered accordingly. Until that time, the entire site will be "preserved" as open space in an un-mowed condition with maintenance activities limited to managing for invasive species and public hazards. The City of Eagan website contains other information about the opportunity to acquire the former Carriage Hills Golf Course and the process leading the referendum: • Rcs(Ilts of conlmunitV mcetin;s._gn potential pu blic_usc f..propc..rt • Video tiomSc ptcinkc Z....City C„'ouncilmcct ng setting thtbtllot.miest on jLp Zoning Descriptions Subd. 19. P Park District. A. Purpose. The Park District is intended for public and private park uses and related facilities. B. Permitted uses. 1. Camping grounds. 2. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 3. Golf courses. 4. Parks. 5. Playgrounds. 6. Public structures. 7. Swimming pools. 8. Tennis courts. C. Conditional uses. 1. Freestanding towers. 2. On-sale beer associated with golf course clubhouses. 3. Temporary on-sale beer. 4. Gun clubs. 5. Nursery, day. 6. Nursery, landscape. 7. Church. 8. School: public, private, vocational or technical. 9. Single-family dwelling. 10. Private recreational facilities and fields. 11. Conditional uses number 4 through number 10 shall meet the following standards: a. A minimum lot size of four acres; b. Streets are to be public and meet all city design standards; c. Water and sanitary sewer facilities are required to be connected to city water and city sanitary sewer; d. Ponds, water bodies and wetlands are to be preserved on site and mitigated as necessary on site; e. Impervious surface on any lot may not exceed five percent of the area of the lot; f. Parking must be proximate to the use; g. Single-family dwellings shall not be within the 60 DNL area from the Minneapolis/St. Paul International airport. h. Structures are to be clustered to minimize impervious surfaces. i. Ponds, water bodies, wetlands and slopes greater than four to one (4:1) shall be preserved and not disturbed. D. Permitted accessory uses. 1. Temporary outdoor events, subject to regulations thereof elsewhere in this chapter. f7 Subd. 20. PF Public Facilities District. A. Purpose. The purpose of this district is for city, state, and federal government buildings, public and private schools and hospitals. B. Permitted uses. 1. Antennae on a city water reservoir tank or tower and public utility tower antennae, subject to regulations thereof elsewhere in this chapter. 2. Building mounted antennae, subject to regulations thereof elsewhere in this chapter. 3. Churches. 4. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 5. Governmental buildings. 6. Hospitals. 7. Public utility structures and equipment. 8. Satellite dishes, subject to regulations thereof elsewhere in this chapter. 9. Schools. B. [ 1 ] . Conditional uses. 1. Daycare facilities associated with churches. 2. Electrical substations and other public utility facilities. 3. Freestanding tower and wind energy conversion systems, subject to regulations thereof elsewhere in this chapter. 4. On-sale beer at golf courses with clubhouses, subject to regulations in chapter 5. 5. Seasonal outdoor sales, subject to regulations thereof elsewhere in this chapter. C. Permitted accessory uses. 1. On-sale beer through temporary licenses with a maximum of four days only in conformity with chapter 5. 2. Temporary outdoor event subject to regulations thereof elsewhere in this chapter. 3. Private garages, off-street parking and loading spaces, as regulated by this chapter. 4. Community service operations when associated with churches, subject to site plan review as required elsewhere in this chapter. D. Developments within a public facilities district shall meet the following requirements: 1. Prior to construction or alteration of any such facility, a building permit shall be required. 2. Every structure within a public facilities district shall have a minimum setback from its lot or land area boundaries of two feet of setback for each one foot in height of such structure, excluding steeples, ornaments or antennas. This provision shall not allow a minimum structure setback of less than 30 feet nor require a minimum structure setback of more than 50 feet. (Example: 15-foot tall or less structure = minimum 30-foot setback; 20-foot tall structure = minimum 40-foot setback; and 25-foot or tallerstructure = minimum 50-foot setback.) 1~ Agenda Information Memo September 16, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 4, 2008 and September 11, 2008 as presented. ATTACHMENTS: • Check registers dated September 4, 2008 and September 11, 2008 are enclosed without page number. Consent Agenda'lnforniation Memo September 16, 2008 Eagan City Council Meeting CONSENT AGENDA: D. Accept a grant from the State of Minnesota to conduct compliance checks in liquor establishments. ACTION TO BE CONSIDERED: To approve a grant from the State of Minnesota that will reimburse the police department for its efforts in: • Educating alcohol retailers on underage drinking laws, and • Performing compliance checks on Eagan Businesses who sell alcohol. FACTS: • The Eagan Police Department strives to conduct alcohol compliance checks on two occasions during a calendar year. • The department has sponsored employee training for liquor establishments regarding underage drinking laws. • The city will receive up to $1,320.00 for its efforts. • Compliance checks are expected to be scheduled for the last quarter of 2008 and the first quarter of 2009. • The city attorney has reviewed the grant. ATTACHMENTS: A copy of the grant is attached on pagesls--C~~ . K Grant Contract No. 9100-1062 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safe Alcohol & Gambling Enforcement Division, 444 Cedar Street, Suite 133 Town Square, St. Paul, MN 55101-5133 State") and City of Eagan, Eagan Police Department, 3830 Pilot Knob Road, agan, MN 55122 ("Grantee" _l. Recitals 1 Under Minn. Stat. § 299A.01 Subd 2 4 the State is empowered to enter into this grant contract. 2 Federal Funds for this grant contract are provided under the U.S. Department of Justice's Enforcing Underage Drinking Laws Program to enforce underage drinking laws and educate alcohol retailers and establishments regarding underage drinking laws. 3 The State is in need of a compliance checks program by local law enforcement of liquor establishments within their jurisdiction. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: July 1 2008, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract. Reimbursements will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date: April 30, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: S. Liability, 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Conduct independent compliance checks at licensed liquor establishments within their jurisdictions as specified in the Grantee's Compliance Check Grant. Application, Attachment A, which is attached and incorporated into this grant contract and in the applicable application guidance that is incorporated by reference and.made a part of this grant contract. ° 2.2 Report findings back to the State using the State approved reporting form. 2.3 Report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalty pursuant to Minn. Stat. § 340A.415. 2.4 The State may modify or change all forms at their discretion during the grant term. 2.5 Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circular A-133. Federal Audit Requirements is attached and incorporated and made part of this grant contract. See Attachment B. 3 Time The Grantee must.comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be paid an amount not to exceed $4,320.00 based on the following method of payment: $30.00 per completed compliance check. (2) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $4,320.00.. Compliance Check 06108 1 1 Grant Contract No. 9100-1062 i 4.2 Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for work satisfactorily performed using the form provided by the State. act. Final invoice must be received no later than 30 dales after the Expiration date of this grant contr (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through C1iDA number 16.727 of the Anropnations Act. for the artment of Commerce Justice State the Judici and Related A encies of 1999 and amendments thereto. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Marlene K'elsber Supervisor, 444 Cedar Street Suite 133 Town S e St. Paul MN 55101-5133,651201-750 3 or her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the Stage's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Chief James McDonal Eagan Police artment 3830 Pilot Knob Road. Ewan, MN 55122 (651) 675-5804. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 73 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising, from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. CwVtiatca Check 06108 - 2 Grant Contract No. 9100-1062 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity- Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee roust not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State, The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not obtain finding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other finding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. Compliance Check 06108 17 3 Grant Contract No. 9100-1062 14.3 Termination for Failure to Comply. The State may cancel this grant contract immediately if the State finds that there has been a failure to comply with the provisions of this grant, that reasonable progress has not been made or that the purpose for which the funds were granted have not been or will not be fulfilled, the State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional fimds and requiring the return of all or part of the funds already disbursed: 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and(or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent.state tax liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERMCATION 3. STA'T'E AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. 164.15 and 160.05. By: (with delegated authority) Signed: Title: Date: Date: Crrant Contract No. I GRANTEE The Grantee cerNfles that the appropriate person(s) have executed the grant contract on behalfof the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By. Title: Date: By: Title: Date: Distnburiion DPSIFAS Grantee State's Authorized Representative Compliance Check 06108 f 4 Attachment A Page 1 of 1 MN Department of Public Safety i Alcohol & Gambling Enforcement Compliance Check Grant Application (Attachment A) Date of Application: May 14,2008 Law Enforcement Agency Name: Eagan Police Department Chief Law Enforcement Officer Name: James McDonald Department Address: 3830 Pilot Knob Rd. Eagan, MN 55122 Department E-Mail address: eaganpd@ci.eagan.mn.us Law Enforcement Grant Applicant Name: Lt. Greg Johnson Applicant Phone Number: 551-675-5804 Federal.Employer ID 41-0847-612 Number of sworn officers in department: 68 MN Tax ID 9081450 Anticipated dates when establishment compliance checks will be done: Round # 1: Between December 15-20 2008 Round # 2: Between April 20-24 2009 Number of alcohol licensees in your jurisdiction: 72 Of total licensees, number of each below: Business Type # of each licensee in communi - Convenience Stores: 10 - Grocery Stores: 3 - Golf Courses: 1 - Restaurants: 5 - Off Sale (liquor stores): 16 On Sale (bars): 29 Other (specify below): 8 (On-Sale Beer only) Exhibit B, page 1 of 2 FEDERAL AUDIT REQUIREMENTS 1. For subrecipients that are state or local governments. non-profit oEganizations, or Indian tribes If the grantee expends total federal assistance of $500,000 or more per year, the grantee agreesto obtain either a single audit or aerogram-specific audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 1996. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subreci 'errts that are institutions of higher education or hospitals If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subreciplent spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-1 10 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of-State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the 'report, including 'a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated bythe grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-133. 5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB Circular A-1 33. 6. The Statement of Expenditures form can be used for the schedule of federal assistance. !#A/¢51 Exhibit B, page 2 of 2 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at leastfour years. 8. Required audit reports must be filed with the State. Auditor's Office. Single Audit Division, and with federal acrd state agencies providing federal_assistance, and the Deparbnent of Public SafRu within nine months of the • rantee's fiscal year end. OMB Circular A-133 requires recipients of morethan. $500,000 in federal funds to submit one copy of-the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 7201 East IOth Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 128, Town Square SL Paul, MN 551015126 ~1U145) - Consent Agenda information Memo September 16, 2008, Eagan City Council Meeting CONSENT AGENDA E. Accept a $50.00 donation from Residential Mortgage Group (RMG). ACTION TO BE CONSIDERED: To approve acceptance of a $50.00 donation from the Residential Mortgage Group. FACTS: • On August 28, 2008, the police department received a $50.00 donation from RMG. • Correspondence attached to the donation indicates RMG is a mortgage company that issues loans to residential customers. • RMG closed on a loan with an Eagan Homeowner. • Through a charitable program, RMG asks the homeowner to designate a school or public safety organization to receive up to $50.00. • The donor, Leisa Fraher, asked that $50.00 be donated to the Eagan Police Department. Chief McDonald will be forwarding Ms. Fraher a letter thanking her for the donation. • Previous donations to the police department have been used to purchase equipment, provide additional staff training, or support the department's Chaplain and Explorer Programs. ATTACHMENTS: 1 Agenda Information Memo September 16, 2008 Eagan City Council Meeting CONSENT AGENDA: F. Approve the DARE/Police Liaison Services Agreement between the City of Eagan and ISD #196 ACTION TO BE CONSIDERED: Adopt a D.A.R.E. and Police Liaison Services Agreement between the City of Eagan and Independent School District #196. FACTS: • The City of Eagan and ISD #196 have previously partnered in teaching D.A.R.E. to students in eight elementary schools. • The district wishes to continue this relationship and agrees to pay the city $21,542.83 for an Eagan Officer to teach DARE for the 2008-2009 school year. • The City of Eagan and ISD #196 have previously partnered in establishing a school resource officer program in three schools. • The district wishes to continue this relationship and agrees to pay the city $70,554 for Eagan Police Officers to continue working in the schools for the 2008-2009 school year. • The total amount the district will provide the City of Eagan for providing DARE instruction and Police Liaison Services is $92,096.83. Attachments: DARE and Police Liaison Services Agreement on pages * --a-7 INDEPENDENT SCHOOL DISTRICT 196 )ill E. Coyle, School District Attorney 651-423-7883 14445 DIAMOND PATH WEST FAX 651-423-7727 ROSEMOUNT, MINNESOTA 55068-4199 ji1l.coyle®ds1rict196.org RIEC; July 29, 2008 J U L 3 Z00 BY: - Mr. Tom Hedges City Administrator City of Eagan 3 830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: Enclosed is a copy of the annual D.A.R.E. and Police Liaison Services Agreement for the 2008-2009 school year. The amount specified in the agreement was verified in conversation with representatives of your police department. The Minnesota Legislature has maintained the same amount of funds per pupil for the "Safe Schools Levy" as last year. We have provided the local police departments who work with District 196 an increase in funding of 3%. Levy funding for the D.A.R.E. program has been capped at $50,000 districtwide by the Board of Education. This amount is then divided by the number of fifth graders to determine the amount each department will. receive per pupil served. This year's funding is $25.80 per student, up from $24.666 last year. Based on 835 fifth graders in the eight elementary schools in Eagan, the payment for the D.A.R.E. program will be $21,542.83. The City of Eagan will also receive a total of $70,554 for police liaison services at the three secondary schools. - , Taking this into consideration, the City of Eagan will receive a total of $92,096.83 for D.A.R.E. and police liaison services in the eleven District 196 schools in Eagan that receive such services. Plcase review this document and return the signed copy to me. Sincerely, Jill E. Coyle School District Attorney Enclosure cc: John Currie, Superintendent Jeff Solomon, Director of Finance Mark Parr, Director of Secondary Education Educating our students to reach their full potential n19 Serving Apple Valley, Burnsville, Coates, Eagan, Inver Grove Heights, Lakeville, Rosemount, and Empire and Vermillion Townships D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of , 2008 by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §126C.44. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's elementary schools. 2. The School District agrees to pay the amount of $21,542.83 to the City for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limitedto: a. Prevention of delinquency; b. Protection of life and property; and c. Law enforcement. 4. The School District shall pay the City the amount of $70,554, for the City's police liaison services to the School District. 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable for the 2008-2009 school year upon approval of this Agreement by both parties. 7. This Agreement is effective for the 2008-2009 school year; upon the expiration of the 2008-2009 school year, this Agreement shall automatically terminate. 8. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law. 9. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemination of data, including, but not limited to, specific laws and governing the sharing of data on students and minors. SCHOOL DISTRICT NO. 196: By: Mike Roseen Its: Chairperson By: Joel Albright Its: Clerk STATE OF MINNESOTA ) 5s. COUNTY OF ) On this _ day of , 2008, before me a Notary Public within and for said County, personally appeared MIKE ROSEEN and JOEL ALBRIGHT, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public a~ CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _ day of 2008 before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and MARIA PETERSEN to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public Consent Agenda Information Memo September 16, 2008 Eagan City Council Meeting CONSENT AGENDA: G. Approve a contract with Intrado Inc. ACTION TO BE CONSIDERED: To approve agreements with Intrado Inc. and Flint Hills Resources to provide the Emergency Preparedness Network Service (EPN). FACTS: • In 2003, upon direction of City Council, the Eagan Police Department entered into a contract with Qwest Communications to provide the Emergency Preparedness Network Service (EPN). • In May 2008, the police department was informed by Qwest Communications they would no longer be the vendor for Intrado's EPN. The police department was informed that we would need to enter into an agreement directly with Intrado Inc. for this service. • In addition, the police department wanted to continue its relationship with Flint Hills Resources. Since December 2004, Flint Hills Resources has subcontracted with the police department for EPN services. For this service, Flint Hills has agreed to pay all their associated costs, along with a substantial amount of the police department's costs. A separate agreement with Flint Hills Resources is attached. • This contract allows the police department a one year access to EPN through Intrado. In addition, the contract with Flint Hills allows them access to EPN for one year. • The Dakota Communications Center (DCC) is currently researching similar systems and it is expected that next year the police department will use the system the DCC chooses. • The City Attorney has reviewed and approved the contracts. ATTACHMENTS: Attachments on pages ~q - L47 ~ 10 C~ p intradoe AGREEMENT FOR SERVICES This Agreement for Services ("Agreement") is entered into by and between Intrado Inc. ("Intrado") and The City of Eagan ("Customer"), as of September _ 2008 ("Effective Date"). This Agreement consists of these terms and conditions and any order, statement of work, exhibit, or similar document executed under this Agreement (each, an "Attachment") describing the services Intrado will provide to Customer ("Services"). Intrado and Customer are referred to herein as "Parties" or "Part'. The term "Affiliate" means an entity directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with a Party. 1 TERM. This Agreement will continue from the Effective Date 4 LIMITED WARRANTY. until the expiration or termination of the latest-ending Attachment. 41 Intrado warrants that Services will be provided in a Each Attachment will specify its duration. workmanlike manner in accordance with industry standards and by 2 PAYMENT. individuals with suitable skills and abilities. Except as provided in an 2.1 Customer will pay the fees described in the Attachments. Attachment, Services will be deemed accepted when performed. Except as specified in an Attachment, recurring fees will be billed Intrado does not warrant products, equipment, hardware, or monthly and non-recurring fees will be billed within thirty (30) days software not manufactured by Intrado, but will on request, to the of the applicable Attachment effective date. Subject to Section 2.5 extent permitted, assign to Customer any applicable third party below, all invoices will be due and payable within thirty (30) days of warranties. invoice date. If Customer generates purchase orders, Customer will 4.2 EXCEPT AS STATED IN SECTION 4.1, INTRADO MAKES use commercially reasonable efforts to provide appropriate NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY purchase orders to Intrado. Any services requested by Customer IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR and performed by Intrado before execution of an Attachment may A PARTICULAR PURPOSE, OR NONINFRINGEMENT. INTRADO be billed at Intrado's then-current hourly rate. EXPRESSLY DENIES ANY REPRESENTATION OR WARRANTY 2.2 Customer will bear all taxes, duties, and other government ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT charges relating to the Services (including applicable interest and THE SERVICES OR RELATED SYSTEMS WILL OPERATE penalties), except taxes based on Intrado's income. Customer will UNINTERRUPTED OR ERROR-FREE. support any claim of tax exemption with appropriate documentation. 4.3 Customer will provide information reasonably required or 2.3 Within thirty (30) days after any early termination of an requested by Intrado to perform the Services, including as Attachment (except due to Intrado's default), Customer will pay the applicable, cell site specifications; Customer or third party shortfall between the minimum fees (if any) due during the total databases; network architectures and diagrams; forecasts; current term of the applicable Attachment and the minimum fees paid by process performance statistics; interfaces and access to Customer Customer as of the date of termination. The Parties agree that or third party software, hardware, or systems; routing and network Intrado has made pricing concessions based on such minimum addresses and configurations; and key contacts for problem fees and that any shortfall payment due under this paragraph is a escalation (collectively "Customer Materials"). Customer warrants fair approximation of Intrado's damages, not a penalty. that (a) Customer is solely responsible for the content and rights to use the Customer Materials; (b) the Customer Materials will be 2.4 If Customer fails to pay any invoice when due (other than as accurate; and (c) Intrado's use of the Customer Materials will not provided in Section 2.5), interest will accrue as of the date of violate the rights of any third party. delinquency at the lower of two percent (2%) per month or the 5 LIMITATION OF LIABILITY. highest rate permitted by applicable law. Upon each such delinquency, Intrado may provide one or more Default Notice(s) to 5.1 EXCEPT FOR THE PARTIES' INDEMNIFICATION AND Customer (see Section 7 below). If the delinquency is not cured PAYMENT OBLIGATIONS AND CLAIMS RELATING TO within ten (10) days after delivery of the Default Notice, Intrado VIOLATIONS OF SECTION 6 OR 8, NEITHER PARTY WILL BE may, by so indicating in the Default Notice (a) suspend Services LIABLE TO THE OTHER FOR ANY INDIRECT, EXEMPLARY, and charge a reconnection fee or deposit on any recommencement; SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL and/or (b) amend the prices for the remaining term of the applicable DAMAGES OR LOSS OF GOODWILL, DATA OR PROFITS, OR Attachment by up to thirty percent (30%). These remedies are in COST OF COVER. THE TOTAL LIABILITY OF WTRADO FOR addition to any other remedies available,to Intrado, and apply ANY REASON WILL BE LIMITED TO THE AMOUNT PAID TO notwithstanding anything to the contrary in this Agreement or the INTRADO BY CUSTOMER FOR THE APPLICABLE SERVICES IN Attachment(s). THE SIX MONTHS PRECEDING THE DATE OF THE CLAIM. 2.5 If Customer disputes an invoice in good faith, Customer may 5.2 THE FOREGOING LIMITS ON LIABILITY WILL APPLY withhold the disputed amount, not to exceed one month's recurring WHETHER THE APPLICABLE CLAIM ARISES OUT OF BREACH fees for the applicable Service. Customer must (a) notify Intrado OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT within fifteen (15) days of any such invoice, specifying the nature of (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, the dispute; and (b) pay any undisputed amounts as provided AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH herein. Customer may not withhold or dispute invoiced amounts DAMAGES ARE POSSIBLE OR FORESEEABLE. except as stated above. Both Parties will in good faith investigate 5.3 NO CAUSE OR ACTION WHICH ACCRUED MORE THAN and attempt to promptly resolve any disputed invoices. TWO (2) YEARS PRIOR TO THE FILING OF A SUIT MAY BE 2.6 No set-off, deduction or cross-collateralization is permitted. ASSERTED BY EITHER PARTY. Intrado may require prepayment or additional security if Customer 6 INDEMNIFICATION. becomes insolvent, is unable to pay its debts when due, is the subject of a bankruptcy proceeding, or similar circumstance. 6.1 B Intrado for Intellectual Property Infrin ement. Intrado agrees to (a) defend, or at its option settle, any claim or suit against 3 CONFIDENTIALITY. The terms of Exhibit A ("Confidentiality Customer that the Services infringe any U.S. patent or U.S. Terms") will apply to this Agreement. copyright issued as of the effective date of the applicable Attachment (11P Rights'); and (b) pay any final judgment entered against Customer on such issue or any settlement thereof. The foregoing obligations of Intrado will not apply if a claim arises in whole or in part from (i) Customer's use of the Services outside the scope of the terms of this Agreement or Customer's alteration of the Services; or (ii) the Customer Materials or Services based on Customer Materials. If Intrado believes that any of the Services may .ql Revision 2008107115 Page I ~q Intrado Agreement far Services have violated a third party's IP Rights, Intrado may choose to subject to the terms of any applicable Attachment, and receives no (1) obtain for Customer the right to continue to use the Services other right, title or interest in or license to use any Intrado IP. consistent with this Agreement; (2) modify the Services so they are Additionally, Customer will not disclose or allow access to Intrado non-infringing and in compliance with this Agreement; or Property, including without limitation, software and systems, by (3) terminate the applicable Services without liability for such anyone other than Customer's employees and subcontractors who termination other than the ongoing indemnity obligation hereunder. (i) are bound by law or written agreement to comply with This Section 6.1 provides Customer's exclusive remedy for any Customer's duties under this Agreement with respect to lntrado infringement claims or damages. Property and Confidential Information, and (ii) require such access 6.2 By lntrado for Other Issues. Intrado agrees to indemnify and to assist Customer in its permitted use thereof. Customer will not hold harmless Customer, its Affiliates and their respective officers, directly or indirectly reverse engineer, decompile, disassemble or directors, employees and agents from and against any and all third- copy any lntrado Property. Customer will return all lntrado Property party claims, actions, suits, proceedings, costs, expenses, damages at the conclusion of the applicable Service. Customer will cooperate and liabilities, including reasonable attorneys' fees and expenses to take such actions reasonably requested to vest ownership of (collectively, "Claims") for physical injury or death or damage to real lntrado IP and lntrado Property in lntrado. property to the extent caused by Intrado's gross negligence or 9 ON-SITE SERVICES. If lntrado personnel perform Services on willful misconduct. Customer's premises, (a) Customer will provide all appropriate 6.3 By Customer. Customer will indemnify, defend and hold facilities, access, furnishings, equipment, software, documentation, lntrado, its Affiliates and their officers, directors, employees and passwords, and data; (b) Customer will maintain adequate security, agents harmless from any and all third-party Claims arising out of or safety, utilities, and environmental standards, consistent with resulting from (a) the Customer Materials or a breach of industry standards and its regular practices; (c) while on Customer's Section 4.3; (b) a claim relating to any product or service offered by premises, lntrado personnel will comply with Customer's standard Customer or any of its customers, except to the extent such claim is rules and regulations consistently applied and communicated to due to Intrado's gross negligence or willful misconduct; and/or lntrado in advance; and (d) except as otherwise provided in an (c) for physical injury or death or damage to real property to the Attachment, Customer will reimburse lntrado for its reasonable out- extent caused by Customer's gross negligence or willful of-pocket expenses incurred in connection with the Services, misconduct. including coach class travel, business class lodging, automobile 6,4 Procedures. The party claiming indemnification will (a) notify rental, and meals. the indemnifying party in writing of any claim in respect of which the 10 INSURANCE. indemnity may apply; (b) relinquish control of the defense of the 10.7 lntrado and Customer will maintain during the term of this claim to the indemnifying party; and (c) provide the indemnifying Agreement (a) Workers' Compensation insurance as prescribed by party with all assistance reasonably requested in defense of the the law of the state in which the Services are performed; claim. The indemnifying party will be entitled to settle any claim (b) employer's liability insurance with limits of at least $500,000 for without the written consent of the indemnified party so long as such each occurrence; (c) comprehensive automobile liability insurance if settlement only involves the payment of money by the indemnifying the use of motor vehicles is required, with limits of at least party and in no way affects any rights of the indemnified party. The $1,000,000 combined single. limit for bodily injury and property indemnified Party, at its own expense, may participate in the damage for each occurrence; (d) Commercial General Liability defense through its counsel. The indemnities set forth herein will ("CGL") insurance, including Blanket Contractual Liability and Broad not apply to the negligence of the indemnified party. Form Property Damage, with limits of at least $1,000,000 combined 6.5 Immunity. If applicable and to the extent not prohibited by single limit for bodily injury and property damage for each applicable law, each party will be entitled to not less than the same occurrence; (e) Professional Liability or Errors and Omissions benefits and protections afforded by any law, regulation or other insurance in the amount of at least $1,000,000 for each occurrence; applicable rule which extends protections to the other party in any and (f) excess or umbrella liability at a limit of no less than form, including but not limited to governmental or other immunity, $5000,000 per occurrence and aggregate in excess of the underlying coverage required above. The CGL, employer liability, indemnification, or other protection ('Immunity'). Neither party will object to or interfere with the assertion of such Immunity by the excess or umbrella liability, and automobile liability policies of each other party. Party will designate the other Party and its officers, directors and employees as an Additional Insured. 7 TERMINATION AND EXPIRATION. If either Party defaults in the performance of any material provision of any Attachment or this 10.2 On either Party's written request, the other Party will furnish Agreement, and such default is not cured within (a) for late certificates evidencing the foregoing insurance. Each Party will payments, ten (10) days; or (b) for all other matters, thirty (30) days, notify the other in writing at least thirty (30) days prior to any after notice ("Default Notice") specifying in reasonable detail the cancellation or termination of its policy. nature of the default, then the non-defaulting Party may by further 11 CHANGES AND IMPROVEME=NTS TO PRODUCTS. lntrado may notice terminate for cause the Attachment or, if such breach affects add, delete or change Services, including modify drawings and the entire Agreement, this Agreement. The cure period will extend specifications, on reasonable notice to Customer. lntrado may for up to thirty (30) more days if lntrado continues to use good faith substitute products or services of later design to fill an order, efforts to cure its default. provided the changes, modifications or substitutions under normal a INTELLECTUAL PROPERTY. Intrado will have and retain full and proper use do not adversely impact form, fit or function. and exclusive ownership of all intellectual property rights associated 12 MISCELLANEOUS with any design, data, specification, know-how, software, device, 12.1 Force Ma€eure. Neither party will be liable for delays and/or technique, algorithm, method, discovery or invention, whether or defaults in its performance (other than Customer's obligation to pay not reduced to practice, relating to any (a) Service, including any fees) due to causes beyond its reasonable control, including the Intrado work product, (b) result of a Service, (c) Confidential following: acts of God; war, terrorism or the public enemy; fire or Information (labeled as such) (d) joint development, and/or (e) explosion; flood; stability or availability of the Internet; the elements; enhancement or improvement to or derivative of any of the telecommunication system failures; technology attacks, epidemic; foregoing (collectively, "lntrado Property'). The intellectual property riots; embargoes; quarantine; viruses; changes in applicable laws, rights associated with lntrado Property are referred to collectively as rules or regulations, strikes or lockouts; disputes with workmen or "lntrado IP". Customer receives a non-exclusive, non-transferable, labor disturbances; total or partial failure of transportation, utilities, terminable license to use such of the lntrado IP that is necessary delivery facilities, or supplies; or acts or requests of any for Customer to exercise its rights hereunder, but solely in governmental authority. connection with and only for the term of the applicable Service and -q Revision 2008107116 Page 2 W Intrado Agreement for Services 12.2 Notices. All notices required hereunder will be made in the federal courts located in Denver, Colorado, or the state courts writing to the addresses below the signature line. Notices will be located in Boulder County, Colorado, and each Party consents to acceptable only if provided as follows, and will be deemed given the personal jurisdiction and exclusive venue of those courts for (a) one day after deposit with an overnight courier, charges prepaid; that purpose. (b) three days after mailing by first class, certified, or registered 12.10 Remedies. Either Party will be entitled to immediate U.S. Mail, charges prepaid, return receipt requested; and (c) when injunctive relief in addition to any other rights and remedies delivered by hand or by facsimile with confirmed receipt. available to it at law or in equity, without the posting of a bond or 12.3 Independent Contractors. The Parties are independent demonstration of irreparable harm, for breach by the other Party of contractors, and nothing herein will be construed to any other Section 3 or 8 above. Except as stated herein, the rights and effect. Each Party alone will determine, supervise and manage the remedies of each Party are cumulative, and are in addition to any method, details, and means of performing its obligations. Except as other rights or remedies. available at law or in equity. agreed in writing, neither Party will act or attempt to act or represent 12.11 Laws. Regulations. Permits. Each Party represents that it itself, directly or by implication, as the other Party's agent. Each has or will obtain all consents, licenses, permits and certificates Party will be solely responsible for the withholding and payment of required to receive or perform the Services and to do business in all applicable federal, state, and local taxes for its own employees. the United States. If Intrado reasonably believes that continued 12.4 Exclusivity. Except as specified in an Attachment, neither performance of the Services would cause Intrado or Customer to Party is bound by any exclusivity to the other under this Agreement. violate any law, statute, ordinance, court order or regulatory agency 12.5 No Third Party Beneficlaries. This Agreement benefits rules, Intrado may cease the applicable Service(s) to the extent Customer and Intrado. There are no intended third party reasonably required to correct or avoid the violation. beneficiaries, including Customer's customers. 12.12 Advertising And Publiit t. Except for materials already made 12.6 Severabilit • No Waiver. To the extent any provision of this public, neither Party will distribute any news releases, articles, Agreement or any Attachment is invalid or unenforceable, it will be brochures, speeches, or advertisements concerning this ineffective without affecting the remaining provisions. No course of Agreement, nor use the other Party's name or trademarks (or any dealing or failure of a Party to enforce strictly any term or provision variation thereof) without the other Party's prior written consent, not of this Agreement, or to exercise any right, obligation, or option to be unreasonably withheld or delayed. Intrado may, however, use provided hereunder, will be deemed a waiver thereof. Customer's name and trademarks in a list of customers, or in connection with written sales or promotional materials. 12.7 Interpretation. In this Agreement, "including" means "including, without limitation", and "days" refers to calendar days. 12.13 Authority. Each Party represents to the other that (a) it has This Agreement and each Attachment is the joint work product of full authority to enter into and perform under this Agreement (b) the Intrado and Customer, and no inference may be drawn or rules of person signing this Agreement on its behalf is properly authorized; construction applied against either Party to interpret ambiguities. If and (c) it has read this Agreement, understands it, and agrees to be any terms of this Agreement and an Attachment conflict, the terms bound by all of its terms, conditions, and provisions. of the Attachment will govern for that Attachment only. No 12.14 Survival. Sections 2, 3, 5, 6, 8 and 12 will survive the preprinted or form terms on a purchase order will apply. expiration or termination of this Agreement or any Attachment. 12.8 Assignment. This Agreement will be binding on the 12.15 Entire Agreement ' This Agreement, together with any successors and assigns of both Parties, provided, however, that Attachment(s) or executed amendments, constitutes the Parties' neither Party may transfer or assign this Agreement without the entire understanding, and supersedes any prior written or oral prior written consent of the other, not to be unreasonably withheld. agreements or understandings, related to the subject matter hereof. However, Intrado may assign this Agreement to an Affiliate or to an This Agreement may be executed in any number of counterparts acquirer of all or part of Intrado's business or assets without such and/or by facsimile or scanned electronic (e.g..pdf, .t1f) copy, all of consent. Any other assignment or transfer by either Party will be which taken together will constitute a single instrument. This void and of no effect. Agreement or any Attachment may be modified only by a mutually 12.9 Governing L wm Venue. This Agreement will be governed by executed amendment. This Agreement is not enforceable unless and construed under the laws of Colorado, without regard for its properly executed by both parties. choice of law principles. All disputes will be resolved exclusive) in The Parties hereby execute and authorize this Agreement as of the date first set forth above. THE CITY OF EAGAN INTRADO INC. Authorized Signature Authorized Signature Name Typed or Printed Name Typed or Printed Title Dated signed: Title Date signed: Address for Notices: Address for Notices: 3830 Pilot Knob Road 1601 Dry Creek Or, Eagan, MN 55122 Longmont, CO 80503 Attn: Attention: Legal Department With copy Attention: Corporate Controller Revision 2008107116 Page 3 ~J Intrado Agreement for Servi EXHIBIT A Confidentiality Terms 1. During the course of this Agreement, either Party may receive or have access to Confidential Information of the other. "Confidential Information" means any confidential information or data disclosed by a Party ("Disclosing Party") to the other Party ("Recipient') under or in contemplation of this Agreement, which (a) if in tangible form or other media that can be converted to readable form is clearly marked as Confidential, proprietary, or private when disclosed; or (b) if oral or visual, is identified as Confidential, proprietary, or private on disclosure. The terms "Disclosing Party" and "Recipient" include each Party's Affiliates that disclose or receive Confidential Information. Each Party will cause its Affiliates, employees, and employees of its Affiliates to comply with the obligations of this Exhibit A, and each Party agrees that it is responsible for the due compliance with this Exhibit A by each of such Affiliates and employees. Actions or omissions by a Party's Affiliate, employee, or an employee of its Affiliate, that if taken by said Party would constitute a breach of this Exhibit A, will be considered to be also actions or omissions of said Party and therefore a breach of this Agreement by said Party. The Recipient will and will cause its employees, Affiliates and employees of Affiliates to (i) use the Confidential Information only in connection with the Recipient's performance of its obligations or in exercising its rights under this Agreement; (ii) restrict disclosure of the Confidential Information to employees of the Recipient and its Affiliates with a "need to know" and not disclose it to any other person or entity without the prior written consent of the Disclosing Party; (iii) advise those employees and Affiliates who have access to the Confidential Information of their obligations with respect thereto; (iv) treat the Confidential Information with at least the same degree of care to avoid disclosure to any third party as is used by Recipient with respect to its own information of like importance which is to be kept secret; and (v) copy the Confidential Information only as necessary for those employees who are entitled to receive it and ensure that all confidentiality notices are reproduced in full on such copies. 2. For the purposes of this Exhibit A only, "employee" includes third parties retained by the Parties for temporary consultative, administrative, clerical, programming or related Services support. A "need to know" means that the employee reasonably requires the Confidential Information to perform his or her responsibilities in connection with this Agreement. 3. "Confidential Information" will not include, and the provisions of this Exhibit A will not apply to, any information that (a) is or becomes available to the public through no breach of this Agreement; (b) was known by the Recipient without any obligation to hold it in confidence; (c) is received from a third party free to disclose such information without restriction; (d) is independently developed by the Recipient without the use of Confidential Information of the Disclosing Party; or (e) is approved for release by written authorization of the Disclosing Party but only to the extent of such authorization. If Recipient is required by judicial or administrative action (e.g. subpoena, order), law or regulation to disclose Confidential Information of the Disclosing Party, Recipient may do so, but only to the extent so required. In such event, Recipient will give sufficient notice to the Disclosing Party to allow the Disclosing Party an opportunity to obtain an appropriate protective order. 4. Confidential Information, including copies, will be deemed the property of the Disclosing Party. The Recipient will, within twenty (20) days of a written request by the Disclosing Party return all Confidential Information (or any designated portion thereof), including all copies thereof, to the Disclosing Party or if so directed by the Disclosing Party, destroy such Confidential Information and any other materials (tangible and intangible) that contain, reflect, or are based on all or any part of the Disclosing Party's Confidential Information. 5. The terms of this Exhibit A will survive any termination or expiration of this Agreement for a period of five (5) years, except for any item of Confidential Information that is a trade secret, for which such obligations will survive for so long as such item remains a trade secret Revision 2008107116 Palle 4 Intrado Target Notification Services Statement of Work for-, Citizen Notification Service for The City of Eagan intrada- 1601 Dry 'Creek 'Drive Longmont, CO 80503 (720) 494-5800 Citizen Notification Service for The City of Eagan Notice © 2004-2008 Intrado Inc., Longmont, Colorado, USA - All rights reserved. Intrado, triangle beacon design, and the logo forms of the foregoing, are trademarks and/or service marks of Intrado Inc. in the United States, other countries, or both and may be registered therein. This documentation may not be altered, copied, distributed, published, displayed, or reproduced in whole or in part without Intrado's prior written consent. Any authorized copies hereof, in whole or in part, must contain the following statement: © 2004-2008 Intrado Inc. All rights reserved. Trademark Information All trademarks used herein are the property of their respective owners. It is the policy of Intrado to improve products and services as new technology, software, hardware, and firmware become available. Intrado, therefore, reserves the right to change specifications without prior notice. 0411512008 Intrado Confidential and Proprietary Page ii 3~ Citizen Notification Service for The City of Eagan e Table of Contents 1.0 INTRODUCTION 1 2.0 TERM OF SOW 1 3.0 KEY ASSUMPTIONS AND CUSTOMER RESPONSIBILITIES 1 4.0 CITIZEN NOTIFICATION DESCRIPTION 2 4.1 Overview 2 4.2 Emergency Call Relay Center 2 5.0 CITIZEN NOTIFICATION SUPPORT SERVICES 2 5.1 Project Management Support 2 5.1.1 Single Point of Contact 2 5.1.4 Deployment Schedule (if applicable) 2 5.2 Initial Data Preparation 2 5.2.1 Customer Area Telephone Number/Address Extract 2 5.3 Training 3 5.4 Citizen Notification Telephone Number/Address Maintenance 3 5.4.1 Voice Message Maintenance 3 6.0 SYSTEM ACTIVATIONS 3 6.1 System Activation Initiation 3 6.2 Multiple Simultaneous Citizen Notification System Activations 3 6.3 Duration of Citizen Notification System Activations 3 6.4 Call Completion Rate 4 7.0 REPORTS 4 8.0 SYSTEM AVAILABILITY 4 9.0 AUTHORITY 4 10.0 ENTIRE AGREEMENT 4 0411612008 Intrado Confidential and Proprietary Page ifi 1~ S Citizen Notification Service for The City of Eagan APPENDIX A: SERVICE FEES 6 APPENDIX B: DEFINITION OF TERMS 7 0411612008 Intrado Confidential and Proprietary Page iv -~3~ Citizen Notification Service for The City of Eagan Intrado Target Notification Services Statement of Work for Citizen Notification Service 1.0 Introduction This Statement of Work ("SOW"), effective as of September , 2008 ("SOW Effective Date"), is an Attachment to the Agreement for Services between Intrado Inc. ("Intrado") and The City of Eagan ("Customer"), dated as of September , 2008 ("Agreement"). Intrado provides Emergency Notification Services as defined by 47 U.S.C. § 222(g) under the name "Intrado Target Notification Services" as more fully described in this SOW ("Services"). Intrado and Customer are referred to herein individually as "Party" and collectively as "Parties". This SOW sets forth the responsibilities of Intrado and Customer for Customer's subscription to the Services. If terms conflict between this SOW and the Agreement, this SOW governs. Charges for the Service are specified on Appendix A attached to this SOW. The definitions in Appendix B will apply to this SOW. Capitalized terms not defined in this SOW have the meanings set forth in the Agreement. The following appendices are attached to this SOW: Appendix A: Fees Appendix B: Definitions This SOW describes the following elements of the Citizen Notification service: • The service components managed and maintained by Intrado; • The support activities and/or deliverables; and • Specific roles and responsibilities of Intrado and Customer regarding the deployment and maintenance of the service 2.0 Term of SOW This SOW is effective upon the SOW Effective Date, and will continue for the period described in Appendix A ("SOW Initial Term"). Following the SOW Initial Term, this SOW will renew automatically for continuous one (1) year terms, (each, a "Renewal Term") unless terminated at the end of the Initial Term or a Renewal Term upon no less than ninety (90) calendar days advance written notification by the terminating Party. Intrado may terminate this SOW on no less than thirty (30) days' prior written notice to Customer, with no liability to Intrado or Customer, should Intrado cease to market or provide the Services as a continuing business. 3.0 Key Assumptions and Customer Responsibilities • Customer uses the Citizen Notification TN and address data to deliver information regarding emergency System Activations within the Customer's Service Area. • Customer provides Intrado with the contact information for the individual (project manager) who is responsible for, and has the authority to make decisions relating to, the deployment of the Citizen Notification service within the Customer Service Area. • Customer understands that Citizen Notification service is a web-based service that requires certain minimum components to operate effectively. • Customer provides Intrado with the contact information for Customer's GIS contact who provides Intrado with street, community, and address range information. • Customer obtains, or requests that Intrado obtain at Customer's expense, a TN/address database extract from Customer's designated E9-1-1 database management service provider. If E9-1-1 data 0411 b/2008 Intrado Confidential and Proprietary Page I 3`7 Citizen Notification Service for The City of Eagan is not available, at Customer's expense, Customer obtains or requests that Intrado obtain a commercially-managed TN and address directory database. • The service implementation activities for Customer cannot be initiated until the TN and address extract file is received by Intrado (including TN, service address, street name (including prefix, suffix and directional, community and state). • Customer satisfies minimum system requirements recommended by Intrado. • Customer responds to errors referred by Intrado in a timely manner by providing the appropriate street centerline information required for error resolution. • Intrado's ability to include unlisted and/or non-published TNs in the Citizen Notification database is dependent upon the current regulatory environment and other applicable law, • Customer identifies to Intrado those individuals authorized to activate, administrate, and maintain the Citizen Notification system. Customer notifies Intrado when the status of these individuals changes. • Customer assists Intrado in understanding Customer's methods, procedures, and organizational structure intended for deploying the Citizen Notification service. 4.0 Citizen Notification Description 4.1 overview The Services will allow Customer to initiate and launch notification System Activations to a defined population for the purpose of delivering emergency information. Non-wireline voice notifications are limited to the TNs and other contact information provided to the Citizen Notification Service by Customer. 4.2 Emergency Call Relay Center In addition to providing the ability for Customer to initiate and launch its own notification System Activations, Intrado's ECRC provides support to Customer during System Activation Initiation. The ECRC authenticates Customer information, handles system Activation Initiation calls, launches System Activations at the direction of Customer, and provides customer support. 5.0 Citizen Notification Support Services 5.1 Project Management Support Intrado will identify a project manager authorized to act on behalf of Intrado with respect to Service deployment. Project managers meet on a periodic basis in order for the Parties to inform each other of the status of the Parties' respective tasks and responsibilities. 5.1.1 Single Point of Contact Each party will appoint a project manager to serve as the single point of contact regarding Services. 5.1.4 Deployment Schedule (if applicable) Intrado's project manager creates the Customer deployment schedule. As soon as reasonably possible, the Intrado and Customer project managers meet to determine mutually agreed upon milestone deliverables and deliverable dates. 5.2 Initial Data Preparation 5.2.1 Customer Area Telephone Number/Address Extract Customer requests and obtains, or requests that Intrado request and obtain, an initial extract of the data described in Section 3.0. 0411612008 Intrado Confidential and Proprietary Page 2 Citizen Notification Service for The City of Eagan 5.3 Training Customer's trainers are provided training on how to initiate and launch System Activations in support of the Customer's train-the-trainer program. Intrado will provide a maximum of one webcast training session of up to four (4) hours in duration, with a maximum of ten (10) attendees. In addition, Customer is provided with Citizen Notification customer documentation. 5.4 Citizen Notification Telephone Number/Address Maintenance Intrado incorporates updated TN and address records into the Citizen Notification Service databases, provided that such data is made available to Intrado by the Customer. Intrado attempts to Geocode the updated records, and if an updated record Geocodes successfully, the records are incorporated into the Citizen Notification database so that such records are available for a System Activation. In order to support the on-going geocoding of new records, the Citizen Notification Street Centerline File, as well as the street and community alias and translation tables, are updated and maintained. The on-going availability of TN and address records in the Citizen Notification database for use during System Activations depends on whether new telephone/address records can be Geocoded and whether such records can be updated in the Street Centerline File, alias, and/or translation tables in a timely manner. Customer's ability to provide Intrado with the appropriate GIS and/or mapping resources determines whether or not these records can be included in the Citizen Notification database. 5.4.1 Voice Message Maintenance Customer may create and manage Voice Messages. Customer may create and manage Text-to- Speech Messages via the web interface. Customer, is solely responsible for the content and maintenance of its Voice Messages and Text-to-Speech Messages. 6.0 System Activations 6.1 System Activation Initiation Customers may initiate a System Activation by launching through the web application or contacting the ECRC via telephone. If a new mapping System Activation is launched through the ECRC, the user must identify three (3) or (4) geographic points to the ECRC which, when connected by straight lines, depict a polygon (e.g. a triangle or rectangle) ("Point Identification Method"). Customer acknowledges that the Point Identification Method may be inaccurate and/or unreliable and may require an extended period of time to implement. Therefore, Customer agrees that Intrado will not be responsible for any inaccuracies or errors in the interpretation of mapping boundaries or in the System Activation launch arising from use of the Point Identification Method, and will indemnify and hold harmless Intrado, its officers, directors, employees, and agents from any and all claims, losses (including expenses), and damages arising out of or in connection with the Point Identification Method. 6.2 Multiple Simultaneous Citizen Notification System Activations If multiple System Activations are initiated and launched simultaneously, the outbound calling capacity of the calling ports may be shared equally among the System Activations. 6,3 Duration of Citizen Notification System Activations The duration of a System Activation is determined by several factors, including: • call recipient behavior 0411612008 Intrado Confidential and Proprietary Page 3 S1 Citizen Notification Service for The City of Eagan • the number of TNs associated with the System Activation; • the length of the Voice Message; • the call strategy; • the number of System Activations in progress; • the length of the average call duration including ring time; and • the network throughput of the outbound calls. 6.4 Call Completion Rate Call completion rates for Citizen Notification may vary based on a number of factors, including: • Number of call attempts and length of interval between call attempts • Length of Subscriber's answering machine recording • Duration of the recorded message plus repeat message option, if selected • Network congestion at the local telephone company end office, within the local telephone company network, and between telephone company networks • Call recipient behavior • Limited network paths into Private Branch Exchange (PBX) systems, • Facilities based Centrex systems, and, • "Remote" central office systems. 7.0 Reports Customer is provided system activity and System Activation reports through the web application. 8.0 System Availability Citizen Notification, including Voice Message recording, web application, ECRC, and outbound calling platform, are available to Customer 24 hours per day, 365 days per year except during maintenance activities. 9,0 Authority Each Party represents to the other that (i) it has full authority to enter into and perform under this SOW; (li) the person signing this SOW on its behalf is properly authorized; and (iii) it has read this SOW, understands it, and agrees to be bound by all of its terms, conditions, and provisions. 10.0 Entire Agreement This SOW shall not be enforceable unless duly executed by both Parties. This SOW, together with any Appendices hereto and the Agreement, constitutes the Parties' entire understanding related to the subject matter of this SOW and supersedes any prior written or oral agreements or understandings with regard to the subject matter of this SOW. 0411612008 Intrado Confidential and Proprietary Page 4 4b Citizen Notification Service for The City of Eagan IN WITNESS WHEREOF, the Parties hereto have caused this SOW to be executed by their duly authorized representatives. The City of Eagan Intrado Inc. Signature Signature Printed Name and Title Printed Name and Title Signature Date Signature Date 0411612008 Intrado Confidential and Proprietary Page 5 -eli Citizen Notification Service for The City of Eagan APPENDIX A: Service Fees 0411612008 Intrado Confidential and Proprietary Page 6 APPENDIX A: Pees and Payment Schedule for Citizen Notification Services for The City of Eagan Term. 1 year Exclusivity: In consideration for the pricing stated below, Customer agrees that Intrado will have exclusive right to provide to Customer services similar or identical to the Services described herein. Pricing The standard price of Citizen Notification is made up of five components. A One-Time Fee ("OTF") paid upon SOW Effective Date. A Monthly Recurring Fee MRF" o The MRF is invoiced on a monthly, per-TN record basis. A TN record is defined as the name, service address, and telephone address of each Telephone Subscriber listed in (a) the Citizen Notification geocoded database; or (b) the Hosted Data database. o MRFs are billed monthly, starting thirty (30) calendar days after the Customer data extract is loaded and Geocoded and the first Error Report is delivered to Customer. A Per Connected Call Fee PCCF" o The PCCF is the fee associated with each thirty (30)-second, or less, outbound and/or inbound Citizen Notification System Activation(s). A Message Char e. o The message charge is the fee associated with notifications sent via other media devices, including text message device/pager, SMS, and fax. It applies per message sent. 4 A Subscriber Data Charge (optional). o Subscriber data charges apply to Intrado's acquisition of telephone subscriber records on Customer's behalf. These charges are due upon the SOW Effective Date, and may be revisited and adjusted annually on notice to Customer. o Customer may obtain telephone subscriber data without Intrado's assistance, which would eliminate this charge. 0512912008 Intrado Confidential and Proprietary Page 1 Pricing Details Intrado reserves the right to rescind the pricing and the offer stated herein if the SOW is not signed and returned to lntrado 30 days from the date Customer receives this SOW. Pricing below is based on the following estimated number of TNs to be included in the Citizen Notification database: 82,200 TNs Description Metric OTF WAIVED MRF $0.030 Per TN PCCF * Outbound Telephone $0.25 per 30 seconds of connected call time Inbound Telephone $0.145 per 30 seconds of connected call time Message Fax $0.30 per page Charges Text Messaging/Paging $0.15 per message Email $0.00 (FREE of charge) Subscriber Data NIA *NOTE: Outbound fees now apply to all system activations (including testing, missing child launches, etc). Post Deployment Services and Pricing Deliverable Price T&M Rate Notes Onsite Customer $2,000 per day Customer site Training for up to two 4- requirements: Computer hour training workstations with Internet sessions,-plus access and minimum travel expenses. system requirements for ail participants. Up to 10 attendees per class. Remote Training via $450 per Up to 10 attendees for a Webcast session 2 to 4 hour webcast. Professional $125.001hr Services Hosted Data Setup $0.00 lntrado will load Hosted Data files Hosted Data are Charges for Customer at a T&M rate of maintained by the $90.00/hr with one (1) hr. minimum. Customer using the web There is no charge if the customer interface. Customer may sets up Cali Lists without intrado's set up and store assistance. unlimited Hosted Data. 0512912008 Intrado Confidential and Proprietary Page 2 Preplan Setup $0.00 Intrado will load Preplan files or Preplans are maintained Charges digitize hardcopy Preplans for by the Customer using Customer at a T&M rate of the web interface. $90.001hr with one (1) hr. minimum. Customer may set up There is no charge if the customer and store unlimited sets up Preplans without lntrado's Preplans. assistance. 0512912008 Intrado Confidential and Proprietary Page 3 IIIP Citizen Notification Service for The City of Eagan APPENDIX B: Definition of Terms Customer Service Area The geographic area served by Customer. ECRC Emergency Call Relay Center. Intrado's 24x7x365 operation responsible for assisting Customer with launching System Activations. End User A participating jurisdiction of Customer. Activation ID The unique system-generated identifier for all System Activation types. The Activation 1D identifies the System Activation on all Citizen Notification reports. Geocode The process of assigning a specific geographic location to TN and address data. GIS Geographic Information System. An automated mapping system that allows analysis and graphic display of geographic features and attributes information. Hosted Data A database of telephone numbers of city officials, emergency workers, or other personnel compiled by Customer or its participating jurisdictions. Preplanned System Activation A System Activation with standard and predetermined boundaries. Street Centerline File A GIS-based database that contains records that represent street names and addresses graphically. Street centerlines are imaginary lines drawn down the center of a street right-of-way with the street name and address attributes. Typically, a single record exists for a street between intersecting or cross streets. System Activation The commencement of outbound calling to communicate during an emergency (or non emergency) situation in which officials wish to provide information and/or instructions to a specific portion of the population and/or designated emergency personnel. System Activation Boundaries The geographic area of a System Activation. System Activation Initiation The process of communicating the specifics of a Citizen Notification System Activation to Intrado via the ECRC. System Activation Initiation triggers System Activation. Target Notification Suite of notification services that are offered by Intrado including Citizen Notification and First Responder. 0411612008 Intrado Confidential and Proprietary Page 7 4 0 Citizen Notification Service for The City of Eagan TN Telephone Number. Voice Message An outbound notification message created by Customer for delivery during a System Activation. A Voice Message must be created before a System Activation can be initiated. 0411612008 Intrado Confidential and Proprietary Page 8 ~1 CITIZEN NOTIFICATION SERVICES AGREEMENT THIS CITIZEN NOTIFICATION SERVICES AGREEMENT ("Agreement") is made this 24th day of August, 2008 between the City of Eagan, a Minnesota Municipal Corporation, (hereinafter "City") and Flint Hills Resources, LP, a Limited Partnership, (hereinafter "Flint Hills'"), collectively referred to as the Parties (the "Parties"). WHEREAS, the City anticipates executing a Citizen Notification Services Agreement with Intrado Incorporated ("Intrado"), (hereinafter the "Master Agreement"), in the form attached hereto as Exhibit "A" (subject to change as noted in Paragraph 2 below) and which (upon execution) will be incorporated in this Agreement, that allows the City to make public safety calls to affected residents; and WHEREAS, Flint Hills operates a crude oil processing facility in the City of Rosemount and is desirous of entering into an agreement with the City that would allow Flint Hills to access the City's citizen notification service to provide notification of an impending emergency to designated residents; and WHEREAS, the City is willing to work cooperatively with Flint Hills to use the City's citizen notification services all upon the terns and conditions contained herein. NOW, WHEREFORE, in consideration of the foregoing and good and valuable consideration, the precedence and sufficiency of is hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS The following terns shall have the following meanings for purposes of this Agreement: Call List A database of telephone numbers of city officials, emergency workers, or other personnel compiled by Customer or its participating jurisdictions. Customer Service Area The geographic area served by the City or Flint Hills. ECRC Emergency Call Relay Center. Intrado's 24x7x365 operation responsible for assisting Customer with launching System Activations. End User A participating jurisdiction of Customer. ,Ictivati'on ID The unique system-generated identifier for all System Activation types. The Activation ID identifies the System Activation on all Citizen Notification reports. Flint Hills Message A message created by flint Hills and identified by Flint Hills to the Citizen Notification Service for System Activation. Flint Hills may maintain prerecorded messages or record messages immediately prior to System Activation. Geocode The process of assigning a specific geographic location to TN and address data. GIS Geographic Information Systern. An automated mapping system that allows analysis and graphic display of geographic features and attributes information. ®flo,--1„'11 `moo W Hos tc d Data A database of telephone numbers of city officials, emergency workers, or other personnel compiled by Customer or its participating jurisdictions. Preplanned System Activation A System Activation with standard and predetermined boundaries. Public Safety Answ ring Point (PSAP) Communication centers that serve as the 9-1-1 answering point for a designated area and dispatch first responder resources. Street Centerline File A GIS-based database that contains records that represent street names and addresses graphically. Street centerlines are imaginary lines drawn down the center of a street right-of-way with the street name and address attributes. Typically, a single record exists for a street between intersecting or cross streets. Success f rlly Completed Call A telephone number was answered and either (i) the designated voice message was delivered in whole, or (ii) the called station disconnects prior to the designated voice message being delivered in whole. A call disconnected prior to whole delivery due to malfunction of the Citizen Notification Service System is not considered a Successfully Completed Call. System Activation The commencement of outbound calling to communicate during an emergency (or non emergency) situation in which officials wish to provide information and/or instructions to a specific portion of the population and/or designated emergency personnel. System. Activation Boundaries The geographic area of a System Activation. System Activation Initiation The process of communicating the specifics of a Citizen Notification System Activation to Intrado via the ECRC. System Activation Initiation triggers System Activation. Target Notification Suite of notification services that are offered by Intrado including Citizen Notification and First Responder. TJV Telephone Number. Voice Message An outbound notification message created by Customer for delivery during a System Activation. A Voice Message must be created before a System Activation can be initiated. 2, CONDITIONS PRECEDENT TO CITY'S OBLIGATIONS The obligations of the City under this Agreement are expressly conditioned upon the City becoming and remaining a party to the subject Master Agreement referred to above as well its Flint Hills' compliance with the terms of the Master Agreement, as detailed and limited below in this paragraph. In any event, for any reason, that the City is no longer a party to the Master Agreement. this Agreement shall be null and void and of no further affect without any liability or cost to the City. In addition, the CiWs ability to provide the Citizen Notification Service is further limited by the ability of its provider, Intrado, to provide the appropriate database and technical services to the City to allow Flint Hills to undertake an initiation of the Citizen Notification Service. Nothing contained in this ~1 Agreement shall impose any liability upon the City in the event Flint Hills is unable to undertake a Citizen Notification Service initiation. The Parties agree that notwithstanding any other provision herein, Flint Hills' obligations and responsibilities hereunder as relating to the Master Agreement, are limited as follows: a. Flint [-Mills' defense/indemnity/hold-harmless obligations shall be limited to matters to the extent caused by the negligence, willful misconduct, or breach of agreement of or by Flint Hills; b. Flint Hills shall not be obligated to provide insurance coverages; and (c.) Flint Hills confidentiality/non-use obligations shall be limited to the obligations set forth in Paragraph 12 of this Agreement. Although the City does not anticipate making any such modifications (other than to the effective dates), the City reserves the right to modify the terms of the Master Agreement, as contained in Exhibit A attached hereto, prior to its execution. In the event of any such modifications, Flint Hills will be timely notified, and Flint Hills acknowledges that this Agreement may need to be changed in order to comply with the modifications to the Master Agreement. Such modifications to this Agreement will be made via an executed amendment to this Agreement, and notwithstanding any other provision herein, such modifications will not be binding upon Flint Hills until the execution of any such amendment. If Flint Hills is not willing to agree to any such necessary modification to this Agreement, this Agreement may be terminated immediately by either Party upon notice to the other Party. 3. SCOPE Performance requirements and Citizen Notification service levels will be on a "Time is of the Essence" basis. The City (through and in cooperation with Intrado) will provide Citizen Notification Service to Flint Hills under the City's Master Agreement with lntrado on a continuous basis for initiating System Activations. Technological support and providing the results of a System Activation will be in accordance with the terms and conditions provided in the Master Agreement. Message content of System Activations initiated by Flint Hills is determined solely by Flint Hills. The Patties agree that with respect to Citizen Notification Service hereunder, Flint Hills will deal directly with Intrado, with coordination with the City, to the extent reasonably practicable and legally permissible, but the City agrees to work directly with Intrado to the extent necessary to effectuate Citizen Notification Service to Flint Hills hereunder. To the extent that activities/reports hereunder would give Flint Hills access to unlisted/nonpublished telephone numbers, the Parties will discuss and agree upon the flow and disclosure of such information for emergency-related purposes hereunder, and such information will be subject to Flint Hills' obligations under Paragraph 12, below and to any obligations under applicable law. This Citizen Notification Services Agreement is subject to the limitations, restrictions, and termination provisions of the Master Agreement. 4. TERM/TERMINATION OF AGREEMENT This Agreement is effective on the latest siature date and is terminable by either party upon ninety (90) days notice- a. In the event the Master Agreement between the City and Intrado Incorporated is terminated for any reason, this Agreement shall terminate. b. In the event the City discovers that Flint Hills has made an improper Citizen Notification Service System Activation or has used the Citizen Notification Service database for a purpose other than a System Activation, the City may terminate this Agreement immediately. City reserves the right to modify the terms of this Agreement in order to comply with changes or amendments to the Master Agreement or regulatory or other legal requirements. Such modifications will be matte via an executed amendment to this Agreement, and notwithstanding any other provision herein, such modifications will not be binding upon Flint Hills until the execution of any such ftme ; 5D amendment, If Flint Hills is not willing to agree to any such necessary modification to the Agreement, this Agreement may be terminated immediately by either Party upon notice to the other Partv. In the event of termination, Flint Hills shall pay to the City a one-time fee consisting; of any outstanding fees and the current Monthly Fee (as stated in the attached Exhibit B). 5. INITIATION AND USE OF SERVICE Flint Hills shall refer to the Master Agreement Statement of Work as the reference for the initiation and use of the Citizen Notification Service. Flint Hills shall use its best efforts to coordinate with the City to ensure all customer responsibilities outlined in the Master Agreement are satisfied, subject to the limitation stated in Paragraph 2 above. 6. CITIZEN NOTIFICATION SERVICE PRICING Flint Hills must reimburse the City for the service fees, System Activation fees, and other charges arising out of or relating to a Citizen Notification Service System Activation, as detailed in the summary of charges attached hereto as Exhibit "B". The City reserves the eight to reasonably modify the Monthly Fee and System Activation Fee charges shown on Schedule B upon 30 days prior notice to Flint Hills (no such changes will apply retroactively). The City will provide Flint Hills with an invoice itemizing the charges and costs incurred under this Agreement. Flint Hills must provide payment to the City within 20 business days. In the event Flint Hills fails to provide payment to the City, the City may terminate this Agreement. 7. PARAMETERS The interval between Citizen Notification Service System Activation Initiation and System Activation should not exceed five (5) minutes absent system and network malfunction. The Outbound Calling Rate will be determined by the number of ports (possible simultaneous calls), length of Flint Hills message, and interval between disconnect of a call on a port and dialing of the successive call on that port. Notwithstanding anything contained in the contrary in this Agreement, Flint Hills will not be permitted (except upon the consent of the City, such consent not to be unreasonably withheld) to expand the Citizen Notification Service Data Base beyond a three-mile radius from its crude oil processing facility in the City of Rosemount, such radius being measured from Flint Hills' main office at the oil processing facility located in the City of Rosemount. 8. TAXES Flint Hills shall pay City all applicable taxes, usual and customary surcharges and all government imposed fees and charges that relate to the Service or installation rendered hereunder. 9. LIMITATION OF LIABILITY CITY WILL NOT BE LIABLE TO FLINT HILLS FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONS EQUIENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR L©SS OF PROFIT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE: AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. Page 4,,1'2? sI 10. NO WARRANTIES EXCEPT AS DETAILED ELSEWHERE IN THIS AGREEMENT, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE 11. INDEMNIFICATION Flint Hills has sole responsibility for ensuring that any determination of a System Activation by the emergency management officer from Flint Hills falls within Federal guidelines for the use of autodialers. Flint Hills shall indemnify and hold harmless City, its employees and officers against any and all claims, losses, liabilities, damages, and lawsuits brought by any non-party to this Agreement and arising, in whole or in part, out of Flint Hills' initiation of a System Activation via telephone to City that does not fall with Federal guidelines for the use of autodialers. Indemnification shall include, but is not limited to, costs and attorney's fees. City relies solely oil Flint Hills to detennine what constitutes an emergency. Therefore, Flint Hills agrees to provide the same indemnification referenced above for any non-emergency use of Service. 12. CONFIDENTIALITY All information obtained by Flint Hills under this Agreement shall be treated as Confidential information. "Confidential Information" means all information reasonably related to the Service provided hereunder which Flint Hills first receives from the City or Intrado. "Confidential Information" does not include information which: (i) is already known to Flint Hills; (ii) is or becomes publicly known or readily ascertainable by the public through no wrongful act of Flint Hills; (iii) is independently developed by or for Flint Hills; (iv) is received by Flint Hills from a third party, if Flint Hills does not know of any restrictions on the disclosure of that information; (v) City discloses to a third party without similar restrictions on disclosure; or (vi) is required to be disclosed by operation of law or pursuant to order of a governmental agency. Sole Obligations. For a period of thirty-six (36) months from receipt of any specific Confidential Information, Flint Hills will use its best efforts to prevent the disclosure of such specific Confidential Information to any other person other than the City or Intrado. Flint Hills may disclose the Confidential Information to its affiliates and contractors, if the Confidential Information so disclosed remains subject to this Agreement and Flint Hills remains liable for any unauthorized disclosures by its affiliates and contractors. All materials containing Confidential Information delivered by City under this Agreement are and will remain City property. A City's written request, Flint Hills will promptly return to City all those materials and any copies, except a single archival copy. Publicity. Neither Party shall, without the prior written consent of the other Party: use the name, trademarks, or other proprietary identifying symbol of the other Party or its affiliates. Such consent by City may be given only by City's Administrator. Any purported consent by any other person, including any City sales or Flint Hills service representative, is void and of no effect. Page ; ~ f 2l Ste, 13. UNCONTROLLABLE CONDITIONS Neither Party will be deemed in violation of this Agreement if it is prevented from performing any of the obligations under this Agreement by reason of severe weather and storms, earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or administrative authorities; or any other circumstances which are not within its reasonable control. 14. LAWFULNESS This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the State of Minnesota, where Service is provided. 15. DISPUTE RESOLUTION Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the Parties or between one of the Parties to this Agreement and the affiliated businesses of the other party, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunications law shall conduct the arbitration. The arbitration shall be conducted in the State of Minnesota pursuant to Minnesota Statutes Chapter 572 by an arbitrator selected by the parties. 16. GENERAL PROVISIONS Failure or delay by either Party to exercise any right, power, or privilege hereunder, will not operate as a waiver hereto. The Parties recognize that the Master Agreement is a retail end user contract, and that this Agreement is subject to the terms and conditions contained in the Master Agreement between the City and Intrado Incorporated (as limited in Paragraph 2, above). It may be assigned only with the consent of City. Flint Hills may not assign to a reseller or a telecommunications carrier under any circumstances. This Agreement benefits Flint Hills and City. There are no third party beneficiaries. If a Party returns this Agreement by facsimile machine, the siding Party intends the copy of this authorized signature printed by the receiving facsimile machine to be its original signature. This Agreement constitutes the entire understanding between Flint Hills and City with respect to Service provided herein and supersedes any prier agreements or understandings. Notwithstanding any provision in this Agreement to the contrary, City's liability to Flint Hills and to third parties and City's obligation to indemnify and hold harmless Flint Hills shall be governed by City Ordinances and Code provisions, Minnesota Rules and Statutes and other applicable law, and (if and to the extent applicable) by the Minnesota Exchange and Network Services Tariff; Minnesota Exchange and Network Services Catalog, and MinnesotaExchange and Network Services Price List, as they may be amended or replaced from time to time. Page 6 uJ 7i ~3 Nothing contained in this Agreement shall establish an exclusive arrangement between the Citv and Flint Hills. The City is free to contract with other entities as it deems appropriate to establish a Citizen Notification Service. Upon execution of this Agreement, Flint Hills must immediately notify all applicable PSAPs of the existence of this Agreement and its ability to initiate a System Activation. 17. NOTICES Any notices under this Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: To Flint Hills: Flint Hills Resources, LP P.O. Box 64596 St. Paul, MN 55164 To City: City of Eagan Attn: City Clerk 3$30 Pilot Knob Rd Eagan, MN 55122 18. EXECUTION The parties hereby execute and authorize this Agreement as of the latest elate shown below. City of Eagan Flint Hills Resources, LP ':fe Authorized Signature Authorized Signature VTitle Title -t Bate Date City of Eagan Authorized Signature Title Date 3-4 EXHIBIT "A" AGREEMENT FOR SERVICES This Agreement for Services ("Agreement') is entered into by and between Intrado Inc. ("Intrada") and The City of Eagan ("Customer"), as of August 28, 20138 ("Effective Date'). This Agreement consists of these terms and conditions and any order, statement of work, exhibit, or similar document executed under this Agreement (each, an "Attachment") describing the services Intrado will provide to Customer ("Services"). Intrado and Customer are referred to herein as "Parties" or "P. arty". The term "Affiliate" means an entity directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with a Party. 1 TERM. This Agreement will continue from the Effective Date 4 LIMITED WARRANTY. until the expiration or termination of the latest-ending Attachment. 4.1 Intrado warrants that Services will be provided in a Each Attachment will specify its duration. workmanlike manner in accordance with industry standards and by 2 PAYMENT. individuals with suitable skills and abilities. Except as provided in an 2.1 Customer will pay the fees described in the Attachments. Attachment, Services will be deemed accepted when performed. Except as specified in an Attachment, recurring fees will be billed Intrado does not warrant products, equipment, hardware, or monthly and non-recurring fees will be billed within thirty (30) days software not manufactured by Intrado, but will on request, to the of the applicable Attachment effective date. Subject to Section 2.5 extent permitted, assign to Customer any applicable third party below, all invoices will be due and payable within thirty (30) days of warranties. invoice date. If Customer generates purchase orders, Customer will 4,2 EXCEPT AS STATED IN SECTION 4.1, INTRADO MAKES use commercially reasonable efforts to provide appropriate NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY purchase orders to Intrado, Any services requested by Customer IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR and performed by Intrado before execution of an Attachment may A PARTICULAR PURPOSE, OR NONINFRINGEMENT. INTRADO be billed at Intrado's then-current hourly rate. EXPRESSLY DENIES ANY REPRESENTATION OR WARRANTY 2.2 Customer will bear all taxes, duties, and other government ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT charges relating to the Services (including applicable interest and THE SERVICES OR RELATED SYSTEMS WILL OPERATE penalties), except taxes based on fntrado's income. Customer will UNINTERRUPTED OR ERROR-FREE, support any claim of tax exemption with appropriate documentation. 4.3 Customer will provide information reasonably required or 2.3 Within thirty (30) clays after any early termination of an requested by Intrado to perform the Services, including as Attachment (except due to Intrado's default), Customer will pay the applicable, cell site specifications; Customer or third party shortfall between the minimum fees (if any) due during the total databases; network architectures and diagrams; forecasts; current term of the applicable Attachment and the minimum fees paid by process performance statistics; interfaces and access to Customer Customer as of the date of termination. The Parties agree that or third party software, hardware, or systems; routing and network Intrado has made pricing concessions based on such minimum addresses and configurations; and key contacts for problem fees and that any shortfall payment due under this paragraph is a escalation (collectively "Customer Materials"). Customer warrants fair approximation of Intrado's damages, not a penalty. that (a) Customer is solely responsible for the content and rights to use the Customer Materials; (b) the Customer Materials will be 2.4 If Customer fails to pay any invoice when due (other than as accurate; and (c) intrado's use of the Customer Materials will not provided in Section 2.5), interest will accrue as of the date of violate the rights of any third party, delinquency at the lower of two percent (2%) per month or the 5 LIMITATION OF LIABILITY. highest rate permitted , by applicable law. Upon each such delinquency, Intrado may provide one or more Default Notice(s) to 5.1 EXCEPT FOR THE. PARTIES' INDEMNIFICATION AND Customer (see Section 7 below). If the delinquency is not cured PAYMENT OBLIGATIONS AND CLAIMS RELATING TO within ten (10) days after def€very of the Default Notice, Intrado VIOLATIONS OF SECTION 6 OR 8, NEITHER PARTY WILL BE may, by so indicating in the Default Notice (a) suspend Services LIABLE TO THE OTHER FOR ANY INDIRECT, EXEMPLARY, and charge a reconnection fee or deposit on any recommencement; SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL andlor (b) amend the prices for the remaining term of the applicable DAMAGES OR LOSS OF GOODWILL, DATA OR PROFITS, OR Attachment by up to thirty percent (30%). These remedies are in COST OF COVER. THE TOTAL LIABILITY OF INTRADO FOR addition to any other remedies available to €ntrado, and apply ANY REASON WILL BE LIMITED TO THE AMOUNT PAID TO notwithstanding anything to the contrary In this Agreement or the INTRADO BY CUSTOMER FOR THE APPLICABLE SERVICES IN Attachment(s). THE SIX MONTHS PRECEDING THE DATE OF THE CLAIM. 2.5 If Customer disputes an invoice in good faith, Customer may 5,2 THE FOREGOING LIMITS ON LIABILITY WILL APPLY withhold the disputed amount, not to exceed one month's recurring WHETHER THE APPLICABLE CLAIM ARISES OUT OF BREACH fees for the applicable Service. Customer must (a) notify Intrado OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT within fifteen (15) days of any such invoice, specifying the nature of (fNCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, the dispute; and (b) pay any undisputed amounts as provided AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH herein, Customer may not withhold or dispute invoiced amounts DAMAGES ARE POSSIBLE OR FORESEEABLE. except as stated above. Both Parties will in good faith investigate 5.3 NO CAUSE OR ACTION WHICH ACCRUED MORE THAN and attempt to promptly resolve any disputed invoices, TWO (2) YEARS PRIOR TO THE FILING OF A SUIT MAY BE 2.6 No set-off, deduction or cross-coliateralization is perry,=fitted. ASSERTED BY EITHER PARTY. Intrado may require prepayment or additional security if Customer 6 INDEMNIr;CATION. becomes insolvent, is unable to pay its' debts when due, is the subject of a bankruptcy proceeding, or similar circumstance- 6.1 By Intrado for Intellectual Property Infringement. Intrado agrees to (a) defend, or at its option settle, any claim or suit against 3 CONFIDENTIALITY. The terms of Exhibit A ("Confidentiality Customer that the Services infringe any U_S_ patent or US. Terms") will apply to this Agreement. copyright issued as of the effective date of the applicable Attachment ('IP Rights"); and (b) pay any final judgment entered against Customer on such issue or any settlernent thereof, The foregoing obligations of Intrado wifl not apply if a claim arises in whole or in part from (i) Customer's use of the Services outside the scope of the terms of this Agreement or Customer's alteration of the Pn~r' 8 of"?l Services; or (ii) the Customer Materials or Services based on subject to the terms of any applicable Attachment, and receives no Customer Materials. If Intrado believes that any of the Services may other right, title or interest in or license to use any Intrado IP. have violated a third party's IP Rights, Intrado may choose to Additionally, Customer will not disclose or allow access to Intrado (1) obtain for Customer the right to continue to use the Services Property, including without limitation, software and systems, by consistent with this Agreement; (2) modify the Services so they are anyone other than Customer's employees and subcontractors who non-infringing and in compliance with this Agreement; or (i) are bound by law or written agreement to comply with (3) terminate the applicable Services without liability for such Customer's duties under this Agreement with respect to Intrado termination other than the ongoing indemnity obligation hereunder. Property and Confidential Information, and (H) require such access This Section 6.1 provides Customer's exclusive remedy for any to assist Customer in its permitted use thereof. Customer will not infringement claims or damages. directly or indirectly reverse engineer, decompile, disassemble or 6.2 B Intrado for Other Issues. In€rado agrees to indemnify and copy any Intrado Property. Customer will return all Intrado Property hold harmless Customer, its Affiliates and their respective officers, at the conclusion of the applicable Service. Customer will cooperate directors, employees and agents from and against any and all third- to take such actions reasonably requested to vest ownership of party claims, actions, suits, proceedings, costs, expenses, damages Intrado IP and Intrado Property in Intrado. and liabilities, including reasonable attorneys' fees and expenses S ON-SITE SERVICES. If Intrado personnel perform Services on (collectively, "Claims") for physical injury or death or damage to real Customer's premises, (a) Customer will provide all appropriate property to the extent caused by Intrado's gross negligence or facilities, access, furnishings, equipment, software, documentation, willful misconduct, passwords, and data; (b) Customer will maintain adequate security, 6.3 By Customer. Customer will indemnify, defend and hold safety, utilities, and environmental standards, consistent with Intrado, its Affiliates and their officers, directors, employees and industry standards and its regular practices; (c) whlle on Customer's agents harmless from any and all third-party Claims arising out of or premises, Intrado personnel will comply with Customer's standard resulting from (a) the Customer Materials or a breach of rules and regulations consistently applied and communicated to Section 4.3; (b) a claim relating to any product or service offered by Intrado in advance; and (d) except as otherwise provided in an Customer or any of its customers, except to the extent such claim is Attachment, Customer will reimburse Intrado for its reasonable out- due to Intrado's gross negligence or willful misconduct; and/or of-pocket expenses incurred in connection with the Services, (c) for physical injury or death or damage to real property to the including coach class travel, business class lodging, automobile extent caused by Customers gross negligence or willful rental, and meals. misconduct. 10 INSURANCE. 6.4 Procedures. The party claiming indemnification will (a) notify 10.1. Intrado and Customer will maintain during the term of this the indemnifying party in writing of any claim in respect of which the Agreement (a) Workers` Compensation insurance as prescribed by indemnity may apply; (b) relinquish control of the defense of the the law of the state in which the Services are performed; claim to the indemnifying party; and (c) provide the indemnifying (b) employer's liability insurance with limits of at least $500,000 for party with all assistance reasonably requested in defense of the each occurrence; (c) comprehensive automobile liability insurance if claim. The indemnifying party will be entitled to settle any claim the use of motor vehicles is required, with limits of at least without the written consent of the indemnified party so long as such $1,000,000 combined single limit for bodily injury and property settlement only involves the payment of money by the indemnifying damage for each occurrence; (d) Commercial General Liability party and in no way affects any rights of the indemnified party. The ("CGL") insurance, including Blanket Contractual Liability and Broad indemnified Party, at its own expense, may participate in the Form Property Damage, with limits of at least $1,000,000 combined defense through its counsel. The indemnities set forth herein will single limit for bodily injury and property damage for each not apply to the negligence of the indemnified party. occurrence; (e) Professional Liability or Errors and Omissions 6.5 Immunity. If applicable and to the extent not prohibited by insurance in the amount of at least $1,000,000 for each occurrence; applicable law, each party will be entitled to not less than the same and (f) excess or umbrella liability at a limit of no less than benefits and protections afforded by any law, regulation or other $5000,000 per occurrence and aggregate in excess of the applicable rule which extends protections to the other party in any underlying coverage required above. The CGL, employer liability, form, including but not limited to governmental or other immunity, excess or umbrella liability, and automobile liability policies of each indemnification, or other protection ("Immunity"). Neither party will Party will designate the other Party and its officers, directors and object to or interfere with the assertion of such Immunity by the employees as an Additional Insured, other party. 10,2 On either Party's written request, the other Party will furnish 7 TERMINATION AND EXPIRATION. If either Party defaults in the certificates evidencing the foregoing insurance, Each Party will performance of any material provision of any Attachment or this notify the. other in writing at least thirty (30) days prior to any Agreement, and such default is not cured within (a) for Iate cancellation or termination of its policy, payments, ten (10) days; or (b) for ail other matters, thirty (30) days, 11 CHANGES AND IMPROVEMENTS TO PRODUCTS. Intrado may after notice ("Default Notice") specifying in reasonable detail the add, delete or change Services, including modify drawings and nature of the default, then the non-defaulting Party may by further specifications, on reasonable notice to Customer. Intrado may notice terminate for cause the Attachment or, if such breach affects substitute products or services of later design to fill an order, the entire Agreement, this Agreement. The cure period wiff extend provided the changes, modifications or substitutions under normal for up to thirty (30) more days if Intrado continues to use good faith and proper use do not adversely impact form, fit or function, efforts to cure its default. 12 MISCELLANEOUS a INTELLECTUAL PROPERTY, Intrado will have and retain full 12.1 Force__ . Maieure. Neither party vviii be liable for delays and/or and exclusive ownership of all intellectual property rights associated defaults in its performance other than Customers obligation to a with any design, data, specification, know-how, software, device, fees) due to causes beyond its reasonable control, including pyre technique, algorithm, method, discovery or invention, whether or foitowin acts of God; war, terrorism or the public enemy; fire or not reduced to practice, relating to any (a) Service, including any explosion; flood; stability or availabifity of the Internet; the elements; Intrado work product, (b) result of a Service, (c) Confidential telecommunication system failures; technology attacks, epidemic; Information (labeled as such) (d) joint development, and/or (e)' riots; embargoes; quarantine; viruses; rhanges in applicable laws, enhancement or improvement to or derivative of any of the rules or regulations, strikes or lockouts; disputes with workmen or foregoing (collectively, `trttrado Pros~erty"). The intellectual property labor disturbances; total or partial failure of transportation, utflities, rights associated with Intrado Property are referred to collectively as delivery facilities, or suppfles; or acts or requests of any- "Intrado IP'. Customer receives a non-exdusive, non-transferable, governmental authority. ter inable license to use such of the Intrado IP that is necessary for Customer to exercise its rights hereunder, but solely in 12.2 Notices. All notices required hereunder will be made in connection with and only for the tern of the applicable Service and vgniti ng to the addresses below the signature lime. Notices will be Mr ge- 1,1 of 21 '15~ r acceptable only if provided as follows, and will be deemed given located in Boulder County, Colorado, and each Party consents to (a) one day after deposit with ~n overnight courier, charges prepaid; the personal jurisdiction and exclusive venue of those courts for (b) three days after mailing by first class, certified, or registered that purpose. U.S, Mail, charges prepaid, return receipt requested; and (c) when 1210 Remedies. Either Party will be entitled to immediate delivered by hand or by facsimile with confirmed receipt. injunctive relief in addition to any other rights and remedies 12.3 Independent Contractors. The Parties are independent available to it at law or in equity, without the posting of a bond or contractors, and nothing herein will be construed to any other demonstration of irreparable harm, for breach by the other Party of effect. Each Party alone will determine, supervise and manage the Section 3 or 8 above. Except as stated herein, the rights and method, details, and means of performing its obligations- Except as remedies of each Party are cumulative, and are in addition to any agreed in writing, neither Party will act or attempt to act or represent other rights or remedies available at law or in equity. itself, directly or by implication, as the other Party's agent. Each 12,11 Laws, Regulations Permits. Each Party represents that it Party will be solely responsible for the withholding and payment of has or will obtain all consents, licenses, permits and certificates all applicable federal, state, and local taxes for its own employees. required to receive or perform the Services and to do business in 12.4 Exclusivity. Except as specified in an Attachment, neither the United States. If Intrado reasonably believes that continued Party is bound by any exclusivity to the other under this Agreement, performance of the Services would cause Intrado or Customer to 12.5 No Third PartBeneficiaries. This Agreement benefits violate any law, statute, ordinance, court order or regulatory agency Customer and Intrado. There are no intended third party rules, Intrado may cease the applicable Service(s) to the extent beneficiaries, including Customer's customers, reasonably required to correct or avoid the v€aiation. 12.6 Severability: No Waiver. To the extent any provision of this 12.12 Advertising And Publicitv. Except for materials already made Agreement or any Attachment is invalid or unenforceable, it will be public, neither Party will distribute any news releases, articles, ineffective without affecting the remaining provisions. No course of brochures, speeches, or advertisements concerning this dealing or failure of a Party to enforce strictly any term or provision Agreement, nor use the other Party's name or trademarks (or any of this Agreement, or to exercise any right, obligation, or option variation thereof), without the other Party's prior written consent, not provided hereunder, will be deemed a waiver thereof. to be unreasonably withheld or delayed. Intrado may, however, use Customer's name and trademarks in a list of customers, or in 12.7 Interpretation. In this Agreement, "including" means connection with written sales or promotional materials. "including, without limitation", and "days" refers to calendar days. This Agreement and each Attachment is the joint work product of 12.13 Authori . Each Party represents to the other that (a) it has Intrado and Customer, and no inference may be drawn or rules of full authority to enter into and perform under this Agreement (b) the construction applied against either Party to interpret ambiguities. If person signing this Agreement on its behalf is properly authorized; any terms of this Agreement and an Attachment conflict, the terms and (c) it has read this Agreement, understands it, and agrees to be of the Attachment will govern for that Attachment only, No bound by all of its terms, conditions, and provisions. preprinted or form terms on a purchase order will apply, 12.14 Survival, Sections 2, 3, 5, 6, 8 and 12 wilt survive the 12.8 Assignment. This Agreement will be binding on the expiration or termination of this Agreement or any Attachment. successors and assigns of both Parties, provided, however, that 12.15 Entire Agreement. This Agreement, together with any neither Party may transfer or assign this Agreement without the Attachment(s) or executed amendments, constitutes the Parties' prior written consent of the other, not to be unreasonably withheld. entire understanding, and supersedes any prior written or oral However, Intrado may assign this Agreement to an Affiliate or to an agreements or understandings, related to the subject matter hereof. acquirer of all or part of Intrado's business or assets without such This Agreement may be executed in any number of counterparts consent. Any other assignment or transfer by either Party will be and/or by facsimile or scanned electronic (e,g..pdf, tif) copy, all of void and of no effect. which taken together will constitute a single instrument. This 12.9 Governing Law: Venue. This Agreement will be governed by Agreement or any Attachment may be modified only by a mutually and construed under the laws of Colorado, without regard for its executed amendment. This Agreement is not enforceable unless choice of law principles. Ail disputes will be resolved exclusively in properly executed by both parties. the federal courts located in Denver, Colorado, or the state courts The Parties hereby execute and authorize this Agreement as of the date first set forth above, THE CITY OF EAGAN INTRADO INC. Authorized Signature Authorized Signature Name Typed or Printed Name Typed or Printed Title Dated signed: Title Date signed: Address for Notices: Address for Notices: 3830 Pilot Knob Road 1601 Dry Creek Dr. Eagan, MN 55122 Longmont, GO 80503 Attn: Attention: Legal Department With copy Attention: Corporate Controller Page 10 0J,21 S- EXHIBIT A Confidentiality Terms 1. During the course of this Agreement, either Party may receive or have access to Confidential Information of the other. "Confidential Information" means any confidential information or data disclosed by a Party ("Disclosing Partyt') to the other Party ("Recipient") under or in contemplation of this Agreement, which (a) if in tangible form or other media that can be converted to readable farm is clearly marked as Confidential, proprietary, or private when disclosed; or (b) if oral or visual, is identified as Confidential, proprietary, or private on disclosure. The terms "Disclosing Party" and "Recipient" include each Party's Affiliates that disclose or receive Confidential Information. Each Party will cause Its Affiliates, employees, and employees of its Affiliates to comply with the obligations of this Exhibit A, and each Party agrees that it is responsible for the due compliance with this Exhibit A by each of such Affiliates and employees. Actions or omissions by a Party's Affiliate, employee, or an employee of its Affiliate, that if taken by said Parry would constitute a breach of this Exhibit A, will be considered to be also actions or omissions of said Party and therefore a breach of this Agreement by said Party. The Recipient will and will cause its employees, Affiliates and employees of Affiliates to (i) use the Confidential information only in connection with the Recipient's performance of its obligations or in exercising its rights under this Agreement; (ii) restrict disclosure of the Confidential information to employees of the Recipient and its Affiliates with a "need to know" and not disclose it to any other person or entity without the prior written consent of the Disclosing Party; (ill) advise those employees and Affiliates who have access to the Confidential Information of their obligations with respect thereto; (iv) treat the Confidential Information with at least the same degree of care to avoid disclosure to any third party as is used by Recipient with respect to its own information of like importance which is to be kept secret; and (v) copy the Confidential Information only as necessary for those employees who are entitled to receive it and ensure that all confidentiality notices are reproduced in full on such copies, 2. For the purposes of this Exhibit A only, "employee" includes third parties retained by the Parties for temporary consultative, administrative, clerical, programming or related Services support. A "need to know" means that the employee reasonably requires the Confidential Information to perform his or her responsibilities in connection with this Agreement. 3_ "Confidential Information" will not include, and the provisions of this Exhibit A will not apply to, any information that (a) is or becomes available to the public through no breach of this Agreement; (b) was known by the Recipient without any obligation to hold it in confidence; (c) is received from a third party free to disclose such information without restriction; (d) is independently developed by the Recipient without the use of Confidential Information of the Disclosing Party; or (e) is approved for release by written authorization of the Disclosing Party but only to the extent of such authorization. If Recipient is required by judicial or administrative action (e.g. subpoena, order), law or regulation to disclose Confidential Information of the Disclosing Party, Recipient may do so, but only to the extent so required. In such event, Recipient will give sufficient notice to the Disclosing Party to allow the Disclosing Party an opportunity to obtain an appropriate protective order. 4. Confidential Information, including copies, will be deemed the property of the Disclosing Party. The Recipient will, within twenty (20) days of a written request by the Disciosing Party return all Confidential Information (or any designated portion thereof), including all copies thereof, to the Disclosing Party or if so directed by the Disclosing Party, destroy such Confidential Information and any other materials (tangible and intangible) that contain, reflect, or are based on all or any part of the Disclosing Party's Confidential Information, 5. The terms of this Exhibit A will survive any termination or expiration of this Agreement for a period of five (5) years, except for any item of Confidential Information that is a trade secret, for which such obligations will survive for so long as such item remains a trade secret. ISE? Target ROUR cet dni erv ees tats meat. of Wibrk ,for citizen Notifleati6n Service for Tie City of Eagan. intrado 601 1) CMO Dnv~: Lorlgrrle~nk CD.80.5 X94-580[? Notice K) 2004-2008 Intrado Inc', Longmont, Colorado, USA - All rights reserved. Intrado, triangle beacon design, and the logo farms of the forcgoing, are trademarks andior service marks of Intrado Inc. in the United States, ether countries, or both and may be registered therein. This documentation may not be altered, copied, distributed, published, displayed, or reproduced in whole or in part without Intrados prior written consent. Any authorized copies hereof, in whole or in part, must contain the following statement: O 2004-2008 Intrado Inc. All rights reserved, Trademark Information All trademarks used herein are the property of their respective owners. It is the policy of Intrado to improve products and services as new technology, software, hardware, and tirniware become available. Intrado, therefore, reserves the right to change specifications without prior notice. il,r , 13 q12! ~ID Intrado Target Notification Services Statement of Work for Citizen Notification Service Introduction This Statement of Work ("SOW"), effective as of August 28, 2008 ("SOW Effective Date"), is an Attachment to the Agreement for Services between Intrado Inc. ("Intrado") and The City of Eagan ("Customer"), dated as of August 28, 2008 ('"Agreement"). Intrado provides Emergency Notification Services as defined by 47 U.S.C. § 222(g) under the name "Intrado Target Notification Services" as more fully described in this SOW ("Services"). Intrado and Customer are referred to herein individually as "Party" and collectively as "Parties". This SOW sets forth the responsibilities of Intrado and Customer for Customer's subscription to the Services. If terms conflict between this SOW and the Agreement, this SOW governs. Charges for the Service are specified on Appendix A attached to this SOW. The definitions in Appendix B will apply to this SOW. Capitalized terms not defined in this SOW have the meanings set forth in the Agreement. The following appendices are attached to this SOW: Appendix A: Fees Appendix B: Definitions This SOW describes the following elements of the Citizen Notification service: • The service components managed and maintained by Intrado; • The support activities and/or deliverables; and • Specific roles and responsibilities of Intrado and Customer regarding the deployment and maintenance of the service Term of SOW This SOW is effective upon the SOW Effective Date, and will continue for the period described in Appendix A ("SOW Initial Term")_ Following the SOW Initial Term, this SOW will renew automatically for continuous one (1) year terms, (each, a "Renewal Term") unless terminated at the end of the Initial Term or a Renewal Term upon no less than ninety (90) calendar days advance written notification by the terminating Party. Intrado may terminate this SOW on no less than thirty (30) days' prior written notice to Customer, with no liability to Intrado or Customer, should Intrado cease to market or provide the Services as a continuing business. Key Assumptions and Customer Responsibilities • Customer uses the Citizen Notification TN and address data to deliver information regarding emergency System Activations within the Customer's Service Area. • Customer provides Intrado with the contact information for the individual (project manager) who is responsible for, and has the authority to make decisions relating to, the deployment of the Citizen Notification service within the Customer Service Area. • Customer understands that Citizen Notification service is a web-based service that requires certain minimum components to operate effectively. • Customer provides Intrado with the contact information for Customer's GIS contact who provides Intrado with street, community, and address range information. • Customer obtains, or requests that Intrado obtain at Customer's expense, a TN/address database extract from Customer's designated E9-1--1 database management service provider. If E9-1-1 data is not available, at Customer's expense, Customer obtains or requests that Intrado obtain a commercially-managed TN and address directory database. • The service implementation activities for Customer cannot be initiated until the TN and address extract file is received by Intrado (including TN, service address; street name (including prefix, suffix and directional, community and state). l-{' 1 P P • Customer satisfies minimum system requirements recommended by In€rado. • Customer responds to errors referred by Intrado in a timely manner by providing the appropriate street centerline information required for error resolution. • Intrado's ability to include unlisted and/or non-published TNs in the Citizen Notification database is dependent upon the current regulatory environment and other applicable law; • Customer identifies to Intrado those individuals authorized to activate, administrate, and maintain the Citizen Notification system. Customer notifies Intrado when the status of these individuals changes, + Customer assists Intrado in understanding Customer's methods, procedures, and organizational structure intended for deploying the Citizen Notification service. Citizen Notification Description Overview The Services will allow Customer to initiate and launch notification System Activations to a defined population for the purpose of delivering emergency information. Non-wireline voice notifications are limited to the TNs and other contact information provided to the Citizen Notification Service by Customer. Emergency Call Relay Center In addition to providing the ability for Customer to initiate and launch its own notification System Activations, Intrado's ECRC provides support to Customer during System Activation Initiation. The ECRC authenticates Customer information, handles system Activation Initiation calls, launches System Activations at the direction of Customer, and provides customer support. Citizen Notification Support Services Project Management Support Intrado will identify a project manager authorized to act on behalf of Intrado with respect to Service deployment. Project managers meet on a periodic basis in order for the Parties to inform each other of the status of the Parties' respective tasks and responsibilities. Single Point of Contact Each party will appoint a project manager to serve as the single point of contact regarding Services. Deployment Schedule (if applicable) Intrado's project manager creates the Customer deployment schedule. As soon as reasonably possible, the Intrado and Customer project managers meet to determine mutually agreed upon milestone deliverables and deliverable dates. Initial Data Preparation Customer Area Telephone NumberlAddress Extract Customer requests and obtains, or requests that Intrado request and obtain, an initial extract of the data described in Section 3.0. Training Customers trainers are provided training on how to initiate and launch System Activations in support of the Customer's train-the-trainer program, intrado will provide a maximum of one webcast training session of up to four (4) hours in duration, with a maximum of ten (10) attendees. In addition, Customer is provided with Citizen Notification customer documentation. Citizen Notiilcation Telephone Number/Address Maintenance Intrado incorporates updated TN and address records into the Citizen Notification Service databases, provided that such data is made available to Intrado by the Customer. 11ag e 15 f)(21 SP Intrado attempts to Geocode the updated records, and if an updated record Geocodes successfully, the records are incorporated into the Citizen Notification database so that such records are available for a System Activation. In order to support the on-going geocoding of new records, the Citizen Notification Street Centerline File, as well as the street and community alias and translation tables, are updated and maintained. The on-going availability of TN and address records in the Citizen Notification database for use during System Activations depends on whether new telephoneladdress records can be Geocoded and whether such records can be updated in the Street Centerline File, alias, and/or translation tables in a timely manner. Customer's ability to provide Intrado with the appropriate GIS' and/or mapping resources determines whether or not these records can be included in the Citizen Notification database. Voice Message Maintenance Customer may create and manage Voice Messages. Customer may create and manage Text-to- Speech Messages via the web interface. Customer is solely responsible for the content and maintenance of its Voice Messages and Text-to-Speech Messages. System Activations System Activation Initiation Customers may initiate a System Activation by launching through the web application or contacting the ECRC via telephone. If a new mapping System Activation is launched through the ECRC, the user must identify three (3) or (4) geographic points to the ECRC which, when connected by straight lines, depict a polygon (e.g. a triangle or rectangle) ("Point Identification Method"). Customer acknowledges that the Point Identification Method may be inaccurate and/or unreliable and may require an extended period of time to implement. Therefore.. Customer agrees that Intrado will not be responsible for any inaccuracies or errors in the interpretation of mapping boundaries or in the System Activation Launch arising from use of the Point Identification Method, and will indemnify and hold harmless Intrado, its officers, directors, employees, and agents from any and all claims, losses (including expenses), and damages arising out of or in connection with the Point Identification Method. Multiple Simultaneous Citizen Notification System Activations If multiple System Activations are initiated and launched simultaneously, the outbound calling capacity of the calling ports may be shared equally among the System Activations. Duration of Citizen Notification System Activations The duration of a System Activation is determined by several factors, including: • call recipient behavior • the number of TNs associated with the System Activation; • the length of the Voice Message; • the call strategy; • the number of System Activations in progress; the length of the average call duration including ring time; and • the network throughput of the outbound calls. Call Completion Rate Call completion rates for Citizen Notification may vary based on a number of factors, including: • Number of call attempts and length of interval between call attempts • Length of Subscriber's answering machine recording • Duration of the recorded message plus repeat message option, if selected • Network congestion at the local telephone company end office, within the local telephone company network, and between telephone company networks • Call recipient behavior 4Z Limited network paths into ■ Private Branch Exchange (PBX) systems, Facilities based Centrex systems, and, "Remote" central office systems. Reports Customer is provided system activity and System Activation reports through the web application. System Availability Citizen Notification, including Voice Message recording, web application, ECRC, and outbound calling platform, are available to Customer 24 hours per day, 365 days per year except during maintenance activities. Authority Each Party represents to the other that (i) it has full authority to enter into and perform under this SOW; (li) the person signing this SOW on its behalf is properly authorized; and (iii) it has read this SOW, understands it, and agrees to be bound by all of its terms, conditions, and provisions. Entire Agreement This SOW shall not be enforceable unless duly executed by both Parties. This SOW, together with any Appendices hereto and the Agreement, constitutes the Parties' entire understanding related to the subject matter of this SOW and supersedes any prior written or oral agreements or understandings with regard to the subject matter of this SOW. IN WITNESS WHEREOF, the Parties hereto have caused this SOW to be executed by their duly authorized representatives. The City of Eagan Intrado Inc. Signature Signature Printed Name and Title -----...W_ Printed Name and Title - T. Signature Date Signature Date Page !7q(21 APPENDIX A: Service Fees APPENDIX A: Fees and Payment Schedule for Citizen Notification Services for The City of Eagan Terra: I year Exclusivity: In consideration for the pricing stated below, Customer agrees that Intrado will have exclusive right to provide to Customer services similar or identical to the Services described herein. Pricing The standard price of Citizen Notification is made up of five components. A One-Time Fee ("OTF") paid upon SOW Effective Date. * A_MonthlY Recurring Fee ("MRF"). o The MRF is invoiced on a monthly, per-TN record basis. A TN record is defined as the name, service address, and telephone address of each Telephone Subscriber listed in (a) the Citizen Notification geocoded database; or (b) the Hosted Data database. o MRFs are billed monthly, starting thirty (30) calendar days after the Customer data extract is loaded and Geocoded and the first Error Report is delivered to Customer. A Per Connected Call Fee ("PCCF"). The PCCF is the fee associated with each thirty (30)-second, or less, outbound and/or inbound Citizen Notification System Activation(s). S A Message Charge. The message charge is the fee associated with notifications sent via other media devices, including text message device/pager, SMS, and fax. It applies per message sent. 4 A Subscriber Data Charge (optional). * Subscriber data charges apply to Intrado's acquisition of telephone subscriber records on Customer's behalf. These charges are due upon the.SOW Effective Date, and may be revisited and adjusted annually on notice to Customer. o Customer may obtain telephone subscriber data without Intrado's assistance, which would eliminate this charge Pricing Details intrado reserves the right to rescind the pricing and the offer stated herein if the SOW is not signed and returned to Intrado 30 days from the date Customer receives this SOW. Pricing below is based on the following estimated number of TNs to be included in the Citizen Notification database: 82,200 TNs Description Metric OTF WAIVED MRF $0,030 Per TN PCCF * Outbound Telephone $0.25 per 30 seconds of connected call time Inbound Telephone $0.145 per 30 seconds of connected call time Message Fax $0.30 er page Text Messaging/Paging $0,15 per mesa e Charges Email $0.00 FREE of charge) Subscriber Data N/A *NOTE: Outbound fees now apply to all system activations (including testing, missing child launches, etc). Post Deployment Services and Pricing Deliverable I Price T&M Rate Notes Onsite Customer $2,000 per day Customer site Training for up to two 4- requirements: Computer hour training workstations with Internet sessions, plus access and minimum 3 travel expenses. I system requirements for all participants. Up to 10 attendees per class. Remote Training via $450 per Up to 10 attendees for a Webeast session 2 to 4 hour webcast, Professional $125.00/hr Services Hosted Data Setup $0.00 Intrado will load Hosted Data files Hosted Data are Charges i for Customer at a T&M rate of j maintained by the $90.00/hr with one (1) hr. minimum. ' Customer using the web i There is no charge if the customer interface. Customer may sets up Call Lists without Intrado's set up and store assistance. unlimited Hosted Data. i Preplan Setup t $0.00 Intrado will load Preplan files or Preplans are maintained Charges digitize hardcopy Preplans for by the Customer using Customer at a T&M rate of the web interface- $90.00/hr with one (1) hr. minimum. Customer may set up There is no charge if the customer and store unlimited E sets up Preplans without Intrado's I Preplans. I assistance. I APPENDIX B: Definition of Terms Customer Service Area The geographic area served by Customer. ECRC Emergency Call Relay Center. Intrado's 24x7x365 operation responsible for assisting Customer with launching System Activations. End User A participating jurisdiction of Customer. Activation ID The unique system-generated identifier for all System Activation types. The Activation ID identifies the System Activation on all Citizen Notification reports. Geocode The process of assigning a specific geographic location to TN and address data. GIS Geographic Information System. An automated mapping system that allows analysis and graphic display of geographic features and attributes information. Hosted Data A database of telephone numbers of city officials, emergency workers, or other personnel compiled by Customer or its participating jurisdictions. Preplanned System Activation A System Activation with standard and predetermined boundaries. Street Centerline Fite A GIS-based database that contains records that represent street names and addresses graphically. Street centerlines are imaginary lines drawn down the center of a street right-of-way with the street name and address attributes. Typically, a single record exists for a street between intersecting or cross streets. System Activation The commencement of outbound calling to communicate during an emergency (or non emergency) situation in which officials wish to provide information and/or instructions to a specific portion of the population and/or designated emergency personnel. System Activation Boundaries The geographic area of a System Activation. System Activation Initiation the process-of communicating the specifics of a Citizen Notification System Activation to lntrado via the ECRC. System Activation Initiation triggers System Activation. Target Notification Suite of notification services that are offered by lntrado including Citizen Notification and First Responder. TN Telephone Number. Voice Message An outbound notification message created by Customer for delivery during a System Activation. A Voice Message must be created before a System Activation can be initiated. t~ . W7 EXHIBIT "B" FEE SCHEDULE FOR CITIZEN NOTIFICATION SERVJCE AGREEMENT 1, l; lint Hills shall be responsible for the following fees: Monthly Fee. Flint Hills will be charged a monthly fee of S 1,500. System Activation Fee. Flint Hills will be assessed a per-call fee of $.25 per each thirty (30) seconds of connected time on calls associated with each System Activation. This cost is based on the actual number of Successfully Completed Calls during the System Activation. System Activation fees apply to all system activations including testing. The System Activation Fee will be invoiced on the first monthly billing cycle following a System Activation by Flint Hills. Miscellaneous. Flint Hills acknowledges that the System Activation Fees and Monthly Fees are subject to price changes based on the Master Agreement. Training Fees. As outlined in the Master Agreement, Intrado will provide one free on-line training session. Should Flint Hills elect to receive additional training Flint Hills shall be responsible for all training expenses. Additional training expenses may be shared by the parties if mutually agreed upon by the parties. fD~ f Agenda Information Memo September 16, 2008, Eagan City Council Meeting H. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO DE CONSIDERED: To approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on-sale liquor license be issued to them for a fundraiser planned for January 31, 2009. The fundraiser is the tenth Annual Live and Silent Auction, which is being held to raise money for the operation of the school. ➢ The application form has been submitted and deemed in order by staff. ➢ Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (1): Letter enclosed on page 70 FILE No. 895 48/13 '08 12:21 ID: FAX = 6514064743 PAGE 2/ 2 FAMUUL When educational cxccllenco and Goae gifte are awakmd RUM= ` 33,55 CWUMMa Drkw Eagan, Mt.memw 5512'1-• rho= 651.906.4747 - wr►~vtscsmn.urg 71f August 15, 2006 Dear City Council Members, I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on January 31, 2009. We are holding our ninth annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri-Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. ➢ The designated property of the event will be limited to the school grounds, which includes the school's building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. l- No person under the age of e i will be sold or served alcoholic beverages S+ No person will sell or give alcohol beverages to an obviously intoxicated person. All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided from the City of Eagan.) A The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. )0- No person selling alcohol shall be intoxicated during his or her work shift. Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is prohibited. Licensee will provide volunteer private security to monitor the licensed area. S Licensee will follow the designated hours listed in the City of Eagan procedures, ➢ Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The onsite manager will complete training in alcohol beverage service and will train servers and security personnel in the same. If you have any questions, l can be reached at 6514M-4747. Thank you for your consideration. Res ect ally s~ mitted. a- Jo Boone Principal radtliful snwpt«a Cathouc sdwal and 3d FarA Cmw - Sm" the yois = of -SL yahn *mmu, 5t Liner mid SL ThMW seckrct --7o Agenda Information Memo September 16, 2008, Eagan City Council Meeting 1. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR THE SOUTHWEST AREA YMCA ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. FACTS: ➢ The Southwest Area YMCA has requested a temporary on-sale liquor license be issued to them for the Dine Dakota fmdraiser planned for October 25, 2008. Proceeds from the fundraiser will benefit children at risk through the YMCA Compass program. ➢ The application has been submitted and deemed in order by staE )'w The Southwest Area YMCA is also asking. that the $150.00 license fee be waived. ➢ Following approval, the application will be forwarded to the Department of Public Safety/Liquor Control. Division for their approval. ATTACHMENTS (2): ➢ Letter and temporary license procedures enclosed on pages -)a through 71 i September 8, 2008 Maria Peterson - - - Eagan, MN 55122-1897 Dear Ms. Peterson: 1 am writing to request a waiver of the $150.00 fee for Temporary On-Sale Liquor License for the City of Eagan. We are requesting a license for our community fundraiser called Dine Dakota. Proceeds from this event will benefit children at risk through the YMCA Compass program. Dine Dakota is both a local fundraising event and a way to experience cuisine from 20 local restaurants that are donating their food to our event. The fundraiser will take place on October 25, 2008 from 6-10p.m. at the Southwest Area YMCA. Tickets will be sold in advance by YMCA volunteers and staff to members of the local community. The YMCA will be serving wine and sodas only for the event. The YMCA is a community based not-for-profit organization and serves people of all ages, backgrounds, abilities and incomes. The mission of the YMCA is to put Christian principles into practice through programs that build healthy spirit, mind and body for all. Our vision in the community is to build strong kids, strong families and strong communities. Thank you for your consideration. Sincerely, { fen Borash 1 Senior Child Care Coordinator Southwest Area YMCA 550 Opperm,an Dr. Eagan, MN 55123 f I City of Eagan Procedures Temporary Liquor License i SITE PLAN 3 i A. The Liquor Service will take place INSIDE the Southwest Area YMCA, 550 Oppermarn Drive, Eagan, MN 55123. The event will be held in our gymnasium and main floor. i re-wilt-Ve 3 caaons-MS L the-YMCA serving the wine.-- bars- in-the hallway area, and 1 bar in the gymnasium. i INSURANCE I The YMCA will carry liquor liability insurance. Carrier's name and amount of coverage will provided. PUBLIC SAFETYISECURITY • The YMCA will sell tickets to the event and would be sold to attendees over 21. • Attendees to the event MUST have a ticket to enter the YMCA for the evening. • Tickets are sold in advance. • Upon arrival at the event, YMCA staff will check appropriate I.D.s. • Appropriate signs will be posted at the entrance to the YMCA notifying the sales to persons under 21 are prohibited. • Anticipated attendance is 350-400 people. The event is ticket-based. • The YMCA personnel and volunteers will handle all security issues that should arise in an appropriate manner. • The YMCA staff are trained in first aid, CPR and crisis management. Additional security will be purchased if required. Numbers and names will be submitted if required. • Alcohol will be consumed from 6-10p.m. Saturday, October 25, 2008. Clean up of the event will take place immediately following the event for approximately i 1-2 hours. No liquor will be served during that time. • Individuals under 21 in attendance will be clearing tables and cleaning up after the event. The YMCA staff will directly supervise these individuals. • The YMCA will pay any fees incurred to the City for any on-duty Police Officer assigned to the event. • The YMCA will provide an On-Site Manager of the licensed area. i i ~3 Agenda Information Metro September 15, 2008 Eagan City Council Meeting J. _PROJECT 954, GLORY DRIVE/ CEDAR RIDGE CIRCLE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 954 (Glory Drivel Cedar Ridge Circle - Street Improvements) and schedule a public hearing to be held on October 23, 2008. FACTS: • Project 954 provided for the street rehabilitation of Glory Drive and Cedar Ridge Circle, both cul-de-sacs west of Nicols Road between Diffley Road and Cliff Road. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 08-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately equal to the estimate contained in the feasibility report presented at the public hearing held on December 18, 2007. 7-4 Agenda Information Memo September 16, 2008 Eagan City Council Meeting K. PROJECT 956, BRIAR HILL IT -4" ADDITIONS STREET IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 956 (Briar Hill lst/ f'/ 4" - Street Improvements) and schedule a public hearing to be held on October 23, 2008. FACTS: • Project 956 provided for the street improvements of the streets within the Briar Hill lst/ 2na/ Ott, Additions neighborhood, located south of Silver Bell Road, between Blackhawk Road and Cedar Grove Parkway. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed tinder Contract 08-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are 21% more than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2007, due to increased contract management costs of the street improvement work completed this past construction season. ~S~ Agenda Information Memo September 16, 2008 Eagan City Council Meeting L. PROJECT 957, BLACKHAWK OAKS (RIVERTON AVENUE) STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED; Receive the Final Assessment Roll for Project 957 (Blackhawk Oaks/ Riverton Avenue Street Improvements) and schedule a public hearing to be held on October 23, 2008. FACTS: • Project 957 provided for the street improvements of Riverton Avenue within the Black-hawk, Oaks Addition neighborhood, located south of Silver Bell Road, east of Blackhawk Road. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 08-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are 9% more than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2007, due to increased contract management costs of the street improvement work completed this past construction season. -7(p Agenda Information Memo September 16, 2008 Eagan City Council Meeting M. PROJECT 959, EDEN ADDITION - STREET IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 959 (Eden Addition - Street Improvements) and schedule a public hearing to be held on October 23, 2008. FACTS : • Project 959 provided for the street improvements of streets within the Eden Addition, located north of Cliff Road, east of Blaclchawk Road. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 08-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately equal to the estimate contained in the feasibility report presented at the public hearing held on December 18, 2007. 77 Agenda Information Memo September 16, 2008 Eagan City Council Meeting N. PROJECT 962, CLIFF DRIVE - STREET IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 962 (Cliff Drive Street Improvements) and schedule a public hearing to be held on October 23, 2008. FACTS: • Project 962 provided for the street rehabilitation of Cliff Drive, between Nicols Road and Cliff Road, in southwest Eagan.. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 08-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2007. Agenda Information Memo September 16, 2008 Eagan City Council Meeting 0. PROJECT 966, FEDERAL DRIVE - STREET IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 966 (Federal Drive - Street Improvements) and schedule a public hearing to be held on. October 23, 2008. FACTS: • Project 966 provided for the street rehabilitation of Federal Drive, between Yankee Doodle Road and Washington Drive in central Eagan. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 08-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2007. Agenda Information Memo September 16, 2008 Eagan City Council Meeting P. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION CITY PROJECTS 06-Q & 08-A (WATERS ANNEX & WATERS ANNEX 2ND) ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 05-M (Steeplechase) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS- • Waters Annex (06-Q) & Waters Annex 2"d (08-A) is a four-lot commercial/ industrial development located in the southeastern corner of Lone Oak Drive and Lone Oak Parkway, in the northeastern portion of the city. This development required the installation of public storm sewer, and street turn lane improvements, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo September 16, 2008 Eagan City Council Meeting Q. TELECOMMUNICATIONS LEASE AGREEMENT - VERIZON WIRELESS ACTION TO BE CONSIDERED: Approve the Telecommunication Lease and Memorandum of Lease Agreements with Verizon Wireless for the antennae installation on the Sperry Water Tower and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received an application from Verizon Wireless for the installation of wireless communications system antennae and related ground support equipment on the Sperry Water Tower. • This application has been reviewed by the City's radio communications consultant, City Attorney's office and Public Works Department personnel and found to be in order for favorable Council consideration. Agenda Information Memo September 16, 2008, Eagan City Council Meeting R. EXTENSION FOR RECORDING FINAL PLAT - CCBC ADDITION ACTION TO BE CONSIDERED: To approve a 60-day extension of time to record the final plat for CCBC Addition, located in the NE 1/4 of Section 03. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on March 3, 2008. ➢ The applicant, Coca-Cola Enterprises Inc. is requesting an additional 60 day extension to continue working with the Dakota County Surveyor's office. The applicant was approved for a 60-day extension on August 4, 2008 City Council meeting. ➢ The requested 60-day extension would allow until November 14, 2008, for the plat to be recorded. ATTACHMENTS: (2) Location map on page ~3 . Letter from applicant Eagan Boundary Right-of-way L®c 4"~ t i o n Map F- Parcel Area A ■ir A■ Park Area Building Footprint Subject Site ' ° • I : w. oQ p ~ o. app. a.. t - L: o : pp ,y la, Q III _ k'i1 I-IF• M1'I MAN AB., 11 r I i 1 G I - I 1000 0 1000 2000 Feet Development/Developer: CCBC Addition Application: Final Plat Case No.: 03-FP-07-12-07 B N City of Eap WE THIS NEAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. X, September 9, 2008 Ms. Julie Strict City of Eagan Community Developinent and Planning 3830 Pilot knob Road Eagan, MN 55122 RE: Coca-Cola M 2750 Eagandale Blvd. Dear Ms. Strid: Coca-Cola Enterprises Inc. (CCE) previously submitted a letter to your attention on July 18, 2008 requesting a time extension of the re-platting review process. It is our understanding that the approved extension extends through October 6, 2008. The most recent modifications currently reside: with the County Surveyor. Although the County Surveyor is currently reviewing the drawings, CCE is not sure if the surveyor will complete his review prior to the City Council meeting; on September 16, 2008. Should CCE miss this upcoming meeting, the next City Council meeting will be after the extension date of October 6"'. CCE is therefore requesting an additional 60 day extension beyond October 6, 2008. Please contact me at 211/902-2818 so that 1 can provide you with the required extension fee of $75. If the City of Eagan is not able to assist us with the requested extension, please: let nee know as well. CCE appreciates your assistance and consideration on this project. Since,.'el y, Ddvid Mal it c ll A BU Facility~Manager-.___ CC: Nancy Kallaus - CCE/Atlanta, GA Y. Agenda Information Memo September 16, 2008 Eagan City Council Meeting S. CONSENT AGENDA: APPROVE GOVERNMENT OPTICAL FIBER NETWORK BID AWARD ACTION TO BE CONSIDERED: To approve the contract and award the bid for the Government Optical Fiber Network. Base Bid: $323,711 Total $150,874 Eagan's Share Alternates: Alternate 1 $ 26,515 Eagan's Share Alternate 3 1,655 Eagan's Share $179,044 Total Eagan FACTS: • The base bid for Eagan includes the following fiber installation: o Install 96 strand optical fiber within conduit from Eagan City Hall to City Handhole B near Duckwood Drive including an additional 4" conduit and termination of fiber inside Eagan City Hall on fiber patch panels. o Install a 72 strand optical fiber within conduit from Handhole B to Federal Drive. o Install a 12 strand optical fiber within conduit from Federal Drive to Eagan Community Center. Includes termination of fiber on fiber patch panels in the Community Center. o Install a 36 strand optical fiber within conduit from Federal Drive to Eagan Maintenance Facility. Includes termination of fiber on fiber patch panels in the Maintenance Facility. • The alternates recommended for acceptance provide for the following: o Alternate #1; Install 12 strand optical fiber within conduit from Fire Station #1 to new handhole adjacent to McLeod Handhole. Including termination inside Fire Station on fiber patch panels. o Alternate #3; Increase optical fiber count from 12 strand cable to 24 strand cable from Federal Drive to Eagan Community Center. • Alternate #2, which is not being recommended for acceptance includes increasing 96 strand cable to 144 strand cable from Eagan City Hall to Handhole B. • The City of Eagan, County of Dakota, Dakota County Community Development Agency (CDA) and State of Minnesota Office of Enterprise Technology (OET) needed fiber optic connection in and around Eagan. e 1 A JPA agreement was developed and approved by City Council. This JPA shows the shared cost structure and the use of the optical fiber facilities to be installed. The City of Eagan is the owner of the fiber. • The City of Eagan desires additional fiber optic connections from City Hall to the City Maintenance Facility and to the Eagan Community Center for redundancy and disaster recovery. • Eagan City Council authorized the issuance of a Request for Proposal (RFP) for the Government Optical Fiber Network. • Financing for the City's share of the proposed Government Optical Fiber Network is included in the Part II, Vehicles and Equipment, of the City's Capital Improvement Plan and is financed with Retained Franchise Fees. ATTACHMENTS: a A copy of the complete bid response is available from the Office of the City Administrator if desired by any member of the City Council. Agenda Information Memo September 16, 2008 Eagan City Council Meeting T. CONTRACT 08-08,2008 CITY-WIDE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 08-08 (2008 City-Wide Trail Improvements), to McNamara Contracting, for the Base Bid in the amount of $314,757.90, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 08-08 provides for the construction of new and overlay of old trail segments and the installation of new sidewalk, including utility relocations and retaining wall construction, in six general areas within the central portion of the City. The sidewalk or trail improvements are adjacent to the following collector street segments: o Silver Bell Road (Cedar Grove Parkway to Blackhawk Road - north side) o Coachman Road (Yankee Doodle Road to 850 feet south - east side) o Federal Drive (Yankee Doodle Road to Royal Oak Circle west side) o Elrene Road (Bridle Ridge Road to Canter Glen Drive - west side) o Northview Park Road (Braddock Trail to Elrene Road - south and east sides) • The new trail and sidewalk segments rated high in accordance with the City's Trail Policy and were included as part of the approved 2008-2012 Capital Improvement Program. These trail and sidewalk segments scored high primarily due to their interconnection with existing trail loops, location within a higher density neighborhood or safety benefit. • The trail segments to receive an overlay currently have surface maintenance or drainage concerns and include a portion of the trail connection between Clemson Court and Heine Strasse. • On August 19, 2008, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 08-08. • At 10:30 a.m. on September 11, formal bids were received for this project. A copy of the bid summary is enclosed. • The low bid is 14.3% ($39,447.90) over the Engineer's Estimate due primarily to a $29,000 error in the expected unit price for subgrade preparation (the bid price was still another $16,000 above what should have been the expected unit price) and high cost for topsoil borrow. The base bid included alternative construction methods for fire hydrant relocations and about $15,000 can be saved by coordinating a shut down of the water main rather than wet tapping the main. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from McNamara Contracting, has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, pag. BID SUMMARY CITY CONTRACT 08-08 2008 CITY-WIDE TRAIL IMPROVEMENTS Bid Date: Thursday, September 11, 2008 Bid Time: 10:30 a.m. Contractors Total Base Bid 1. McNamara Contracting; $314,757.90 2. Peterson Companies, Inc. $388,627.38 3. Bituminous Roadways $392,233.90 4. Ace Blacktop, Inc. $407,704.57 tow Base Bid En-incer's Est. /o Ovcr,rUndcr F stim ate. $314,757.90 $275,310 +14,3% G:Projects.&Contracts/08-08/Bid Summary Cont 08-08, 9-12-08 SIR Agenda Information Memo September 16, 2008, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - LARRY WITTWER (4785 ERIK'S BOULEVARD) ACTION TO BE CONSIDERED: To approve (or direct preparation of findings for denial) a Variance of 11 feet to the required 30- foot front yard setback to construct a garage addition at 4785 Erik's Boulevard, legally described as Lot 9, Block 4, Twin View Manor in the NE'/4 of Section 33, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property contains an existing single-family home with an attached two-stall garage which was constructed in 1971. ➢ The subj ect site is located on the northwest corner of Erik's Boulevard and Delores Lane. ➢ The minimum required 30-foot structure setback applies to both street frontages. ➢ The applicant proposes to construct a 12' x 28' third stall garage addition which will be set back 19' from Delores Lane. ➢ Lot coverage and other yard setback requirements are satisfied. ➢ The applicant's stated hardship is the two street frontages of the corner lots. ➢ The fact that the property is a corner lot is not unique to this property, but the larger setbacks associated with the two street frontages do place limitations on the buildable area of corner lots. The proposed addition does not appear to impair sight lines from the public rights-of-way and the presence of mature trees may soften views of the proposed addition. ISSUES: ➢ In reviewing the site for the variance application, staff noticed two commercial vehicles one on the property and one on the street in front of the property. The matter of commercial vehicle storage at this property was previously discussed with the Council in 2005. ➢ One condition of the Variance approval requires that the applicant obtain an Interim Use Permit for commercial vehicle storage before the end of the year, or remove the commercial vehicles from the residential district. 60 DAY AGENCY ACTION DEADLINE: October 26, 2008 ATTACHMENTS Location Map, page Planning Report on pages through e9 Eagan Boundary Right-of-way ! i Location Map 0 Parcel Area Park Area Building Footprint 1 I 3 J p ° I 0 [ lj 3 O a_ fl o v 4 g 1 YI J 11 t 9 2`7 s = I J.. O QO' PC~, ~I f. ~ / n l ~ Cl1 0 0 Q2 ;1 4 C 1 ~p O _l ~1Q p 0 t Subject Site j q6 o pan O n o' ~ ~ a o S 4o d Q Q ~o a d ~ ~ ,`J ;o a n np o° Q n Q~ 6 p ~ o o ~ g D Q Q c'S O s O 4 4. fl a OaO~ Q J q D 6 6 It ~ ~ P ~ ~ C! P ~ ❑ ❑ Q 6 ❑ i I h ~ n ~ ~NOO tr ~ P ca P d ~ 'I LIM, ~ - ca fry 1000 0 1000 2000 Feet Development/Developer: ' Larry Wittwer, 4785 Eriks Blvd. Application: Variance Case No.: 33-VA-17-08-118 City of ap THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E 666 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are TTTTS 1 community Development Department not responsible for errors or omissions. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 11, 2008 CASE: 33-VA-17-08-08 APPLICANT: Larry Wittwer HEARING DATE: September 16, 2008 PROPERTY OWNER: Larry Wittwer APPLICATION DATE: August 27, 2008 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 4785 Erik's Boulevard COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF RE VEST The applicant is requesting approval of an 11' Variance to the required 30' setback from a public right-of-way for property located at 4685 Erik's Boulevard, Lot 9, Block 4, Twin View Manor. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. 91 Planning Report - Larry Wittwer, 4785 Erik's Blvd. September 16, 2008 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.6, Subdivision 5.E. of the City Code requires a 30-foot front yard setback from a public right-of-way on property zoned R-1, Single-Family Residential. By definition, accessory uses including attached garages are subordinate to the dwelling and thus, must be smaller in area than the dwelling, and shorter than or equal to the height of the dwelling. l BACKGROUNDMISTORY The property was platted in 1958 and the existing home was constructed in 1971. The applicant is the x original owner of the home. L~7 Some Council members may recall the applicant Y_ approached the City council at a Listening Session in - y- August 2005 regarding a complaint about commercial vehicles being parked in a residential area. At that time, the City Council asked the City Attorney to prepare an ordinance amendment that would allow only Mr. Wittwer to store commercial vehicles in a residential area. However, an ordinance could not be created that would allow only the subject site such an exemption. Upon further discussion, staff and the City Attorney have concluded that an Interim Use Permit is a mechanism already in the City Code, which allows the City to consider temporary uses not ordinarily permitted in a zoning district. That option is noted below and in the proposed conditions of approval. EXISTING CONDITIONS The 154' x 182' lot is 28,035 sq. f1. in area and contains an existing single-family home with a two-stall attached garage. The subject site is a corner lot, located on the northwest corner of Erik's Boulevard and Delores Lane. Driveway access is from Erik's Boulevard. At its closest points, the existing structure is set back 27' from Erik's Boulevard, and 31' from Delores Lane. The driveway is surfaced with concrete. There are several mature trees on the property. There is a small storage structure (8' x 4') in the rear yard, which the applicant has indicated will be removed once the addition to the garage has been built. Planning Report - Larry Wittwer, 4785 Erik's Blvd. September 16, 2008 Page 3 EVALUATION OF REQUEST Proposal - The applicant is requesting a Variance of 11' to allow for the construction of a 336 sq. ft. (12' x 28') garage addition to an existing 672 sq. ft. attached garage on property r ~t4 zoned R-1 (Single-Family Residential). The Zoning V~ Ordinance requires a 30' setback for buildings abutting public ..k rights-of=way. The proposed building setback is 19', resulting in a variance of 11'. i The existing gable roof slopes east and west, with the gable end facing south. The roof is proposed be extended over the addition, and a new single garage door added. Architectural elevations of the proposed addition were not provided. Since the addition is 4' deeper than the existing garage, while the roof line may match in front, it would need to extend further to the back to cover the deeper building, or peals at a higher point than the existing garage. The roof of the proposed garage addition should match the pitch and style of the existing house and garage. The proposal appears to satisfy other Zoning Ordinance requirements, according to the plans submitted. With the proposed addition, the total garage area will be 1,008 sq. ft., which is less than the footprint area of the house (1,496 sq. ft.). The building coverage of the principal structure will be 2,504 sq. ft., or 8.9% of the lot area. The existing house is proposed to be resided and reroofed, and the addition will match the new siding and new roof materials. Variance Criteria The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. yw, The Zoning Ordinance states that relief may be granted w tx provided that there are special conditions (i.e., ) 5 t a; topography, unique lot configuration, vegetation, etc.711 that apply to the parcel in question. There is one large tp` , tree to the rear of the proposed addition, which the i } ? applicant has indicated he does not want to lose. There are several other mature trees on the side and front of the _ W property which may soften views of the proposed addition from the streets. It does not appear that the proposed addition would impair sight lines from the public rights-of-way. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and provide open space. q -6 Planning Report - Larry Wittwer, 4785 Erik's Blvd. September 16, 2008 Page 4 Since the request is to reduce the setback to less than the 30' minimum, it appears to be contrary to the intent of the ordinance. A detached garage up to 576 sq. ft. could be constructed in the rear yard and the 28,035 sq. ft. lot can accommodate the 30' setback, and additional building coverage. However, this option may not be desirable to the applicant because it may entail removal of existing trees and/or an existing garden. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a garage addition. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as others within the R-I zoning district without relief from the Zoning Ordinance. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's estimated hardship is the corner lot having two street frontages, which requires a larger setback on the side abutting the street. Typically a garage may be set back a minimum of 5' from a side property line, but with a public street on the one side, the required setback increases to 30'. The applicant also has indicated that other necessary improvements to the home - new siding, new roof, drainage concerns -are reasons for pursuing the addition at this time. Additionally, the applicant's narrative states that the proposed addition will allow a truck to be parked in the driveway rather than on the street, and will beautify the home to current styles. Further, the narrative states that the proposed building line will be only 4' different from that of neighboring properties. SUMMARY/CONCLUSION The applicant is requesting a setback Variance for the construction of a garage addition. A single family dwelling with a two-stall garage is present on the site. The applicant's estimate of hardship is the corner lot, which requires greater setbacks than for an interior lot. While not all R-1 properties are corner lots, the corner lot is not a characteristic that is unique to the subject site. Thus, the condition upon which the variance is based is also applicable to all other corner lots within the R-1 zoning district. A compliant alternative, such as construction of a detached garage in the rear yard, may require removal of at least one mature tree and/or the applicant's garden. Also, the presence of mature trees around the perimeter of the subject site may soften views of the proposed addition. It does not appear that the proposed addition would impair sight lines from the public rights-of=way. Planning Report - Larry Wittwer, 4785 Erik's Blvd. September 16, 2008 Page 5 The applicant's desire to continue parking commercial vehicles in a residential zoning district is contrary to the City Code. Short of amending the City code to allow commercial vehicle parking/ storage in residential areas, the applicant should seek approval of an Interim Use Permit to allow this use. City Policy makers will need to determine if such a permit is warranted. If an Interim Use Permit is not approved before December 31, 2008, the parking/storage of commercial vehicles at this property and on adjacent public streets should cease. ACTION TO BE CONSIDERED To approve an 11' Variance to the required 30' setback from a public right-of-way for property located at 4685 Erik's Boulevard, Lot 9, Block 4, Twin View Manor. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the principal structure. 4. The proposed garage addition shall match the roof pitch and style of the existing house and garage. 5. The existing storage structure in the rear yard shall be removed prior to final inspection of the garage addition. 6. Storage of commercial vehicles on the property shall not be allowed without an Interim Use Permit. The parking/storage of commercial vehicles at this property and on adjacent public streets shall cease by December 31, 2008 unless an Interim Use Permit permitting such storage is approved by the Council before that date. 9s- Eagan Boundary yA~ Map Right-of-way Locati ®n I ~ Parcel Area I Park Area P Building Footprint I q'I "E I: P 4 77 CZ7 jay` 90 Q tza o fl Subject Sites-© a Q q W b 9 9 i! i7 b 4 U F4 - 4 ' Q p V tl b Q S F5 r ~ i r3 Q Q Q c!Y p ~Q 4S , b }F•~ 6L3 9 Eh fl ~ i, ti _ G7 4 tJ d L fS ^ / q O ~y•~ l~ I~ I f` 1000 0 1000 2000 Feet Development/Developer: ' Larry Wittwer, 4785 Eriks Blvd. Application: Variance Case No.: 33-VA-17-08-08 n City of F(a11(~Jl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E JJJ 66 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Larry Wittwer - Erik's Blvd. Variance 33-VA-17-08-08 Zoning Map, a` PD, r3 _ PF PD I...:J' P fl FF ROAD) w G, c3 Et ~r ; ~ 4,, t? Location a C Gil} Current Zoning; I: t LD Low Density s ' k7 _ e u a r,n E~i r . dl P P t~ p GOD o coo UDD F..E Q c 3 ' pF Comprehensive Guide Plan o a rP~ Land Use Ma t~~~~, qP L.; Q qP ~:J 04P Lit FF ROAD) erc: Location +c3 ~Ci Ef Current Land Use Designation: P - a ~ Ev R-1 i Single-Family ¢ . E Q L ~ ~ s4 r Q Fz ID, P LD P eti DOD O ODD 1200 Feet Parcel base ma information provldedby Dakota County Land Survey Department Decmba 2005, { j g Zoning InformaElan ma[ntainetl byClty St.N J t} City of Eap THIS MAP I5 INTENDED FOR REFERENCE USE ONLY ~ F. The City of Eagan and Dakota County do not guarantee the accuracy of this information. s - h - 117 - c _ ~ 4 ~ 3 ~ F k41 Ilk- a ; IV- 4- P sr:: F F Ilk 71 rJl IMF a i y v 7 i `t -lq 1f L l r t (c) Copyright 2008, Pictometry International Corp. W o ~ C ~ ~ aQ (v ~ Lr1 ~ °Q- SLt ~ T{; p; CCj LJ Sl t 'PLAN qg 7-0 av ~a Cm Jt ~h v r~- O ELEVRTION Yr ~ d CIQ w w ,FRO JUT G . 71-1 a 3 - -L end --eA -4e -14 AV/ a _ i Agenda Information Memo September 16, 2008, Eagan City Council Meeting B. VARIANCE -1580 CENTURY POINT (KLECATSKY AND SONS) ACTIONS TO BE CONSIDERED: To approve (or direct findings for Denial of ) a Variance to allow a second freestanding sign for property located at 1580 Century Point, legally described as Lot 1, Block 2, Century Addition, in the SW 1/4 of Section 9. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is located north of Yankee Doodle Road, west of Coachman Road and south of Century Point. The property is zoned NB, Neighborhood Business and contains a funeral home and crematory which were constructed in 1986, at which time two freestanding signs were placed on the property; one sign in the front yard and one in the rear yard. ➢ The property gains access via Century Point. ➢ The applicant has proposed to reface the freestanding sign in the rear yard to be consistent with the newly refaced sign in the front yard. ➢ City Code limits one freestanding sign per building. ISSUES: None. 60 DAY AGENCY ACTION DEADLINE: October 18, 2008 ATTACHMENTS 2): Location Map, page Q Planning Report on pages L057through ~ Eagan Boundary ~■q' Right-of-way afob ~ Parcel Area i ~ ?ark Area Location Map' ' Building Footprint Y~ 15 f: r a a o _a ~a ® ® - FF1 d ° p Q I° ° Subject Site C11 °0 4 o a 808198 Q n o v oo E7 0 46 C " ~ t1 ~ o•asp - o Fl= A P o a Qa 9 d CS d , - p d p 4 a4 p 4 o, _ b tt 6 JT/ ~ [s dp a {j p ~ ~~~~ll 013 L a- o d ~ qv n ~s - q o ~ ~ ° q up ° p dp❑ Qa -Q -71 ED 1000 0 1000 2000 Feet Development/Developer. Klecatsky Application: Variance Case No.: 09-VA-'17-08-08 10~ N City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E 66 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 eomm.nlty 0.v.1upm.nt p.p.rtm.nf not responsible for errors or omissions. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 10, 2008 CASE: 09-VA-18-08-08 APPLICANT: Thomas Klecatsky HEARING DATE: September 16,2008 PROPERTY OWNER: Same APPLICATION DATE: August 20, 2008 REQUEST: Variance PREPARED BY: Sarah Thomas LOCATION: 1580 Century Point COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval of a Variance to allow a second freestanding sign for property located at 1580 Century Point, legally described as Lot 1, Block 2, Century Addition, in the SW'/4 of Section 9. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council -nay approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. 09 Planning Report Klecatsky Variance September 16, 2008 Page 2 e. The variance requested is the minimum variance which-would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.70, Subd. 28. states up to one freestanding ground sign is allowed per building. It further states freestanding signs shall be limited to seven feet total height, with four- foot maximum height of sign area. Directional signs, not to exceed six square feet are also allowed. BACKGROUND/HISTORY The Klecatsky and Sons funeral home began in St. Paul by Joseph S. Klecatsky in 1926. They now have three locations, South St. Paul, West St. Paul and Eagan. The Eagan funeral home was constructed in 1986 at which time two freestanding signs were placed on the property, one fronting Yankee Doodle Road, in the front yard, and the other fronting Century Point, in the rear yard. There are no known sign permits for these signs. EXISTING CONDITIONS The existing 9,908 square foot building is centrally located on the 1.35 acre site. The property is located north of Yankee Doodle Road, west of Coachman Road and south of Century Point. The entrance to the site is from two separate driveways off of Century Point. The placement of the building is in the center of the site with drive-up, canopy-covered, drop off locations on the east and west sides of the building. The parking lot is connected on the south side of the property. The north side of the lot provides a drive up access to the lower level of the funeral home. According to the applicant, since direct access is not available from Yankee Doodle Road, access to their facility is difficult to those unfamiliar with the area. The purpose of the second sign is to inform the public that additional parking is available via the second, western most driveway. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative states "We feel the hardship lies in the fact that no access is allowed from Yankee Doodle Road, making it difficult for unfamiliar drivers to access our facilities". EVALUATION OF REQUEST Proposal - The applicant proposes to replace the second freestanding sign on the north side of the property to be consistent in design with the newly refaced sign that fronts Yankee Doodle Road. The sign height is proposed to be seven feet and overall sign area is proposed to be 18 square feet. While the dimensions of the sign meet code requirements the second freestanding sign is inconsistent with code requirements. Planning Report - Kleeatsky Variance September 16, 2008 Page 3 Setbacks - The existing sign is located approximately 19 feet from the property line which exceeds setback requirements. The existing sign location is proposed to remain. Variance Criteria The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The subject site is visible from Yankee Doodle Road and a freestanding sign is present in front of the funeral home, adjacent to Yankee Doodle Road. This property does not have direct access to Yankee Doodle Road and one must navigate Coachman Road to gain access to the site from Century Point. This situation is not unique as many commercial properties do not have direct access onto Yankee Doodle Road and still meet the requirements of one freestanding sign. The Sign Ordinance allows for smaller directional signage, but the owner would prefer the size and location of the existing sign. The ordinance also allows for building signage, up to two signs, however the applicant does not think building signage would serve the intended purpose of assisting with direction signage for additional parking. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the Sign Ordinance is intended to provide adequate, but limited signage to avoid visual clutter. A demonstrable difficulty is required to grant relief from the ordinance requirements. The applicant is requesting relief from a required maximum freestanding sign allowance of one per property. The applicant states that they were allowed two signs when the building was constructed, one in the front and one in the rear of the property, and he would like to modernize both signs and have them look consistent. The sign located in the front yard has already been updated. The requested Variance does not appear to be a minimal request to accommodate directional signage for the funeral home. The owner is able to obtain building signage and/or utilize directional signage without seeking a variance. SUMMARY/CONCLUSION In summary, the applicant is requesting a variance to reface the existing freestanding sign located on the rear of the property adjacent to Century Point to be consistent with the sign in front of the funeral home. The City Code allows only one free-standing sign for properties not adjacent to freeways. The applicant has stated the hardship is in the difficulty for patrons to access the site and to find additional parking on the property. Planning Report - Klecatsky Variance September 16, 2008 Page 4 Additional signage (building and/or directional) is allowed without the need for a variance). ACTION TO BE CONSIDERED To approve a Variance to allow a second freestanding sign for property located at 1580 Century Point, legally described as Lot 1, Bloch 2, Century Addition, in the SW 1/4 of Section 9. If approved, the following conditions should apply. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The sign shall not exceed the size shown on the proposed Sign Plan dated June 25, 2008. 3. The sign shall comply with all other applicable Zoning Ordinance provisions. 4. A sign permit must be obtained prior to construction. 1 U~ Eagan Boundary Right-of-way Parcel Area Park Area Location Map' Building Footprint J CJ Q ft'' LU-1-0 UIL] 11~1J V40 a 1~~®~® Q 1~=- ,IIrS i r r / ra'a "In i { 0~ `Cf ` u D C V ` a~ © p lJ _ I Subject Site , k ca Q °~0 lj r oR 'rte, IN M[IME113 'i Da S~ I ~ ~ b VAnM a A~ ~ ~ 1 ~!i ~ 4F p P F kr r i 11 En nn d a r„ {~4 e„9 Gt' /r r q ~ L5 Qp 4 qE~ P 4 t?p ~l a q 019: 1000 p 1600 2000 Feet Development/Developer: Klecatsky Application: Variance Case No.: 09-VA-17-08-08 N City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W The City of Eagan and Dakota County do not guarantee the accuracy of this information and are TITTS Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Klecatsky Land Use Map variance 1 09-VA-18-08-08 Zoning Map 4q~ R-3 ~ a R-3 R- RD JL Eat Current Zoning: NB y-7 R Ig ~ ~ F_I; - Location H Neighborhood Business 4~ N 4 ~ ® I 9 A PD EM V~ RD was a 4 7-A 10- - COUNTY ROAD NO. {Y8 E DOODLE ROgD) R4 PF I-, PD PD 4 a ~ n R- PF -3 Goo 0 600 '1200 Peet I No, Comprehensive Guide Plan Ss woo Land Use Map LD Emm" k to p I MD w Ib ® DIU EI ® g'a F Ic Current Land Use Designation: ® EM -Location p d Mill ® m EE ~w+ SA RC Retail Commercial ors ®o ILI1 COUNTY ROAD N 28 (YA Et: DOODLE ROAD) 77 D H m SPA ^ QP Goo D Goa 1200 Feet 6 790 ~ 0. a a - parcel base map information provided by Dakota eoanty Rand Survey Department Decmber 2005. N / Zoning Information maintained by City Staff. City of Eagn w THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S a~ i ll i k IBS l~ I 4 I_ a W W , I U ~ i r I Y t t f AERIAL; >Z2xwFFUL7r 0aw~ wm~,Zam ?Z 4m°z r ZEQy2 ina?1f11wo¢ N °aa Nwr~s¢wzzrz''nawzaooa7 m~°~~nxNZO~ram~~ ZNn~¢ • , w ~ w~a°~u~.a"~c°i a'w sN 2NW r° ' v z ~¢aw~wFw~¢oaapyO ynzwwo x nw °aw ga~Fm~amff w$~4moxZ~2~ U wt nnq, go.-ir i s u. u.zw zaaa ¢ Nfy{ aZw ~ ~ ~ O a~a ~ ~u ~j 2 ~ arw°gZr°sga~aatzu~iZ¢azm~Fz ~ 7 r 3 i5 z o ¢xY q¢xx zn ww w 3 N War¢raa°c+~ir~mwac°o Xr¢~n~a ` awow~>¢¢- suw2 sn u ¢ y o d - ° x¢a xon°°NSxroux agwoLL= haa$r-Naan4rwoa~r~Pw saawr- N LM a _ - k s - - p~ 34 I 6~ L~ _ r jj~ ~a u n z ~7< w :2 LU v w w ul 'tz d < ■ cn Cl Lo s UJ Q LL z 0 w < , El < SIGN PLAN ~a The J. S. Klecatsky & Sons Funeral Home is located near the intersection of Yankee Doodle Road and Coachman Road with the building facing Yankee Doodle Road. The property address is 1580 Century Point as there is no access allowed from Yankee Doodle; therefore, the building address is that of the street behind the funeral home. Our zoning classification is NB neighborhood business. The existing land use is as a funeral home where in we also operate our own cremation facility in a part of the lower level. Surrounding property is also of the same zoning where next door there is operated a wellness center, chiropractor and barber complex. A swim instruction dive shop is across Century Point. Other surrounding neighbors are apartments. Zoning on an empty parcel was recently approved as PF for the construction of an Orthodox Church on property we sold them on a contract for deed. We are requesting approval of a variance from the current code which does not allow two pylon signs on our property. Currently there are two signs of this type which were allowed at the time our building was built in 1986. We feel the hardship lies in the fact that no access is allowed from Yankee Doodle Road, making it difficult for unfamiliar drivers to access our facilities. Many drivers come from across the Twin Cities Metro area to pay their respects to loved ones of the deceased. People trying to find the building must be directed to turn at Coachman Road, then onto Century Point. At that time they must begin looking for our building and parking. The new signage will identify us and assist customers in locating additional parking and handicapped access. The sign replacements are taking place at all of our three funeral home locations and will give the public a consistent image of who we are with updated colors and the use of our compass logo promoting our identity. RECEIVE AID 2000 Agenda Information Memo September 16, 2008 Eagan City Council Meeting VI. Old Business A. APPROVE APPOINTMENT OF LAW FIRMS TO REPRESENT THE CITY IN GENERAL, PROSECUTION, AND LABOR LEGAL SERVICES ACTION TO BE CONSIDERED: • To approve the appointment of Severson, Sheldon, Dougherty, & Molenda, PA as the general legal services provider for the City of Eagan. • To approve the appointment of Grannis & Hauge as the prosecution legal services provider for the City of Eagan. • To approve the appointment of Ratwick, Roszak, & Maloney as the labor legal services provider for the City of Eagan. FACTS: • It is the policy of the City to review all outside consulting services every six year. • An advertisement for legal RFPs was distributed on June 9, 2008, and a pre-proposers conference was held on June 25 to respond to any questions that interested firms had of the City. • The City received three (3) proposals for general legal services, five (5) proposals for prosecution, and two (2) proposals for labor services. • Given the number of prosecution proposals submitted, the five proposals were reviewed and formally scored by a staff panel to narrow the field to three firms to move on to the interview round. • Interviews of the firms in all three specialties took place during the weeks of August 18-29. • Each of the three interview committees deliberated and made their recommendations for a legal service provider. • At the August 19 Listening Session, the City Council voiced their consensus not to conduct Council interviews of the legal services proposers; rather, the Council requested that the recommendation of each interview committee be forwarded to the City Council for formal consideration. • The interview panels have recommended that the three incumbent legal services providers be retained, which are: o Severson, Sheldon, Dougherty, & Molenda, PA----General legal services o Grannis & Hauge Prosecution legal services o Ratwick, Roszak, & Maloney Labor legal services • At the September 2 Council meeting, the City Council continued this item to the September 16 City Council meeting in order to have time to review the legal proposals submitted, as well as review the interview questions and responses, which were all provided to the City Council during the week of September 2-5, 2008. ATTACHMENT'S: • Attached on pages is the schedule that was included in the RFP. Given that all interviews were completed in a timely manner, and no Council interviews were conducted, the formal consideration of the appointments was moved up to the September 2, 2008 City Council meeting, City of Eagan Legal Services RFP Page 2 SCHEDULE REQUEST FOR PROPOSALS LEGAL SERVICES City Council Approval of RFP June 3, 2008 Distribute/Advertise RFD's June 9, 2008 Pre-submittal/Proposer's Conference June 25, 2008, 8:30-9:30 a.m. Eagan Room, Eagan Municipal Center RFP Submittals DUE August 8, 2008 Staff Evaluation August 11-15, 2008 Staff/Committee Interviews August 18-22, 2008 City Council Interviews September 1-5, 2008 City Council Approval September 16, 2008 i. ~S Agenda Information Memo September 16, 2008 Eagan City Council Meeting A. COMPREHENSIVE GUIDE PLAN UPDATE - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the 2008 Update for distribution to adjacent cities, Dakota County, school districts and agencies for their review. FACTS: ➢ All cities within the Twin Cities seven-county metropolitan area are required by state law (Metropolitan Land Planning Act) to review and update their Comprehensive Plans at least every ten years. The updated Comprehensive Plan needs to look out to the year 2030. Eagan's current Comprehensive Plan was updated in 2000, looking out to the year 2020. ➢ Those on the distribution list will have six months to review and comment on the updated plan. The Met Council review will occur subsequent to that endeavor. Because this timeline will not allow Met Council review to be concluded prior to the end of the year, an extension can and will be applied for. ➢ The content of the Plan is based on the 2001 Plan. Few land use changes are recommended from the 2001 Plan; however, some of the general changes include: ■ The Land Use Plan includes seven Special Area Plans which now illustrate a vision plan and site specific goals for some of these areas. ■ Three new land use categories - Private Recreation (PR), Major Office (MO) and Mixed Use (MU) were added to match up with the vision for how Eagan is changing and evolving. The Plan is designed to make Eagan a more self-sufficient community through an emphasis on more local options for living, working, shopping and playing, less reliance on the regional highway system and increased transit access. The Plan also emphasizes active living, sustainability and connectivity. ➢ Two parties spoke about the new Major Office Land Use designation and a representative from MICAH also addressed the APC during the Public Hearing. ➢ The APC held the Public Hearing on August 26, 2008 and they are recommending approval of the Draft Update for distribution. ATTACHMENTS: (4) Draft August 26, 2008 APC Minutes on pages 117 through . Cover Memo on page tR-i through I 2Q Written comments on page through Draft Update distribution list on page. Advisory Planning Commission August 26, 2008 Page 1 of 6 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA August 26, 2008 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 26, 2008, at 6.30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Chavez, Keeley, Filipi, Heaney, Dugan (arrived at 6:35 p.m.), and Jensen. Also present were, City Planner Mike Ridley, Planner Pam Dudziak, Planner Sarah Thomas, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Keeley moved, Member Heaney seconded a motion to adopt tie Agenda. A vote was taken. All voted in favor. Motion carried 6-0. July 22, 2008, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Filipi moved, Member Keeley seconded a motion to approve the July 22 2008, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 6-0. Ill. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS' A. 2008 Comprehensive Plan Update Applicant Name: City of Eagan Location: City of Eagan Application: Comprehensive Guide Plan Amendment 2008 Comprehensive Plan Update File Number: 00-CG-04-06-0$ City Planner Ridley introduced this item and highlighted the information presented in the memorandum dated August 19, 2008. He noted the background and history. Chair Hansen opened the public hearing. Greg Miller, President of Interstate Partners discussed possible restrictions to the businesses allowed per the Major Office Land Use Designation. He stated concern for potential restrictions on tenants for leasable space. He requested that the Advisory Planning Commission consider language, ensuring that the warehousing, light manufacturing and research components are not lost. Advisory Planning Commission August 26, 2008 Page 2 of 6 Mike Wold, representing MICAH, referenced the letter submitted by his organization and complimented the commission and staff on the openness of the update process and amount of time and effort spent on the plan. He stated that the update is very well written and agreed that lifecycle housing is needed in the city. He discussed commercial areas that are not being utilized that could be converted to residential, the use of density credits and continued use of various financing tools. He asked the Advisory Planning Commission to consider additional implementation measures recommended in his letter. Attorney Reid Hansen, representing the Perronllrrthum Property located at 1555 Yankee Doodle Road, distributed a letter to the Advisory Planning Commission and described his request that the city consider a possible retail land use designation to maximize flexibility for future use of the property. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. In response to Mr. Miller's questions/statements, City Planner Ridley explained that the proposed change to Major Office will not affect the existing Planned Development zoning for Boulder Lakes. In response to Mr. Hansen's request, Ridley explained that the City Council had entertained a previous amendment to allow retaillcoMm.ercial but were unwilling to make the change without knowing exactly what the retail development would be and he opined that that would likely be the case in regard to the Comprehensive Plan Update. He further stated that he believed the City Council would be open to considering a future retail development for the property when the specific components are known. Chair Hansen asked Mr. Wold to clarify MICAH's;concerns. Mr. Wold stated MICAH supports the policies contained in the plan but would like to see some or all of the suggested implementation ideas added. Chair Hansen thanked Mr. Wold for his comments and stated that fine-tuning of implementation measures would be appropriate discussion for the City Council. Member Heaney moved, Member Keeley seconded a motion to recommend approval of the Plan for distribution to adjacent cities, Dakota County, school districts and agencies for their review. A vote was taken. All voted in favor. Motion carried: 7-0. To: Eagan Advisory Planning Commission From: Greg Ingraham, Rita Trapp and Bryan Harjes, HKGi Mike Ridley, Erik Slettedahl and Joni Hohenstein, Eagan Community Development Date: August 19, 2008 Re: Eagan Comprehensive Plan Update - August 26, 2008 Hearing Requested Actions: 1. Open a public bearing, take testimony on the 2008 Comprehensive Plan and close the public hearing. 2. Make a recommendation to the City Council approving the Plan for distribution to adjacent cities, Dakota County, school districts and agencies for their review, The Advisory Planning Commission is holding a public hearing on August 26, 2008 to take comments on the update of the Eagan Comprehensive Plan. After taking public testimony, the Commission is asked to recommend approval of the draft plan for distribution. The Commission can also include recommendations on Plan content based on their review and testimony at the hearing. Any recommended changes can be made before the City Council reviews the Plan. Council review and authorization to distribute the Plan is tentatively scheduled for September 16, 2008. After Council authorization to distribute, the Plan will be sent to adjacent communities, Dakota County, school districts and agencies for their review, Plan Changes, Additions and Highlights The 2008 Eagan Comprehensive Plan builds on the existing 2001 Eagan Comprehensive Plan, which has served the community well. Key changes or additions from the 2001 Plan are highlighted below in general and by chapter. General Changes: Plan content is based on the 2001 Plan, Few land use changes are recommended from the 2001 Plan. Chapter 3 the Land Use Plan includes seven Special Area Plans which illustrate a vision plan and site specific goals for these areas, Three new land use categories - Private Recreation (PR), Major Office (MO) and Mixed Use (MU) were added to match up with the vision for how Eagan is changing and evolving. The Plan is designed to make Eagan a more self-sufficient community through an emphasis on more local options for living, working, shopping and playing, less reliance on the regional highway system and increased transit access. The Plan also emphasizes active living, sustainability and connectivity. Eagan Comprehensive Flan 2008 Update 1 august 9, 2008 it9 Chapter Changes and Updates The updated Eagan Comprehensive Plan uses the same chapters as the current plan. The 2008 Plan is streamlined and is a more graphic document than the 2001 Plan. Key aspects of the Plan by chapter are: 1. Introduction • Updated introduction, history and planning process. 2. Community Background Key factors: • Less than 5 percent of community is vacant, developable land. Goals and actions have a greater emphasis on management, maintenance and revitalization. • Aging of population and changing family composition will influence housing demand, mobility, and needs. Plans include connectivity and a range of housing choices. 3. Land Use Plan • Most land use designations remain the same as the 2001 Plan. • 2008 Plan contains more detailed vision plans for seven Special Areas. (Northeast Eagan, North Lexington Commons, Central Area Commons, Cedar Grove Commons, Cliff Road Commons, Lebanon Hills and Carriage Hills). The four "Commons" Special Areas are envisioned as future civic hubs combining transit and mixed use development. • Created a new Private Recreation (PR) land use designation for golf courses and the shooting range. • Created a new Major Office (MO) land use category to define areas that are more appropriate for major office campus and high tech research and engineering uses that will have less emphasis on warehouse and distribution uses. Created a new Mixed Use (MU) land use category to be used initially for the Cedar Grove and Carriage Hills Special Area and subsequently for other future mixed use areas. 4. Transportation Plan • Chapter has been fine tuned to reflect needs, forecasts, for roads, transit, trails and aviation based on the Eagan Transportation Plan and includes a roadway system plan, transit system plan, bicycle and trail plan and an aviation plan, • No funded regional roadway improvements are programmed within or adjacent to Eagan through 2030. This could have a limiting impact upon development or redevelopment within the City regardless of the transportation system improvements proposed and made by the City of Eagan. • Revisions are proposed to the Functional Classification (road function and access) of several roadways within Eagan. These are to reflect the current and projected use of the road and its function within the entire roadway network. Revisions include: o Johnny Cake Ridge Road, Cliff Road to the south city limits - from `B' Minor Arterial to Major Collector 0 120th Street West, TH 3 to east city limits - from Local to Major Collector o Dodd Road, south of Red Pine Lane - from Minor Collector to Local o Red Pine Lane, TH 3 to Weston Hills Drive - from Local to Minor Collector o Weston Hills Drive, Red Pine Lane to Cliff Road - from Local to Minor Collector C) Biscayne Avenue, 120th Street West to Red Pine Lane - from Local to Minor Collector Eagan Comprehensive flan 2008 Update 2 August 19, 200€3 o Red Pine Lane, TH 3 to Dodd Road - from Local to Minor Collector o Covington Lane, Johnny Cake Ride Road to Stonecliffe Drive from Local to Minor Collector o Stonecliffe Drive, Covington Lane to Cliff Road - from Local to Minor Collector o Lone Oak Drive, Lone Oak Road to Lone Oak Parkway - from Local to Minor Collector o Lone Oak Parkway, Dodd Road to O'Neill Drive - from Local to Minor Collector O Northwest Parkway, Dodd Road to Lone Oak Parkway - from Local to Minor Collector o Bochcrt Lane, Mike Collins Boulevard to Dodd Road (TH 149) - from Local to Minor Collector • Programmed roadway capacity improvements include: o Elrene Road - Expand to four-lane between Trails End Road/Thomson-Reuters Road and Yankee Doodle Road. Add a traffic signal at Yankee Doodle Road and possible roundabout intersection at Trails End Road. To serve new access road to the Thomson-Reuters corporate site. O Promenade Avenue - Extend Promenade Avenue south of Yankee Doodle Road to Town Centre Drive. Include a full--access, traffic signal at Yankee Doodle Road. To address safety at this bigh crash site. o Borchert Lane - Construct a new urban 36-foot roadway between Thresher Field and TH 149. To provide an additional outlet for the industrial area between Lone Oak Road, Yankee Doodle Road, and Lexington Avenue. • Future capacity deficiencies are anticipated on portions of most County and State highways within or adjacent to Eagan. Transit use provides a possible reduction of congestion and potentially delays capacity deficiencies. • The City of Eagan has a well developed trail/sidewalk system dedicated to the use of non-vehicular transportation. Continued implementation of the City's Trail Policy will only enhance the current system and provide important alternative choices for connectivity throughout the city. 5. Community Infrastructure • Plan updated to reflect current sanitary sewer, surface water management and water utility plans. • Sanitary Sewer and Water Comprehensive Plan updates address the three following possible development/redevelopment areas: C) Cedar Grove Redevelopment Area O Cliff Road Commons o Carriage Hills Golf Course • Sanitary Sewer Comprehensive Plan addresses Infiltration and Inflow (I&I) reduction plan over a five year period to address surcharge from Metropolitan Council for excessive flows related to storm events. • Sanitary Sewer Comprehensive Plan includes possible future expansion to serve areas of Rosemount along both sides of Highway 3 to McAndrews Road. • More emphasis on telecommunications infrastructure to better serve residents and businesses. 6. Parks and Recreation • Updated based on the 20/20 Vision process completed in 2006 with added park service area evaluation, acquisition guide and needs for natural resource management and funding sources, Eagan Comprehensive flan 2008 Update 3 August 19, 2008 p 7. Natural Resources and Environment • Updated goals, policies and descriptions for public waters, vegetation and wildlife resources. 8. Housing Plan • Goals and policies to bolster market based life cycle housing opportunities. • Blend housing maintenance, neighborhood maintenance and new housing needs. • New multi-family housing growth focused in Cedar Grove, Cliff Road Commons and Central Area Special Areas. • Development expected for remaining vacant lands, primarily single family residential housing. 9. Economic Development • The chapter was updated to reflect current conditions and employment forecasts. Economic development goals and policies will be updated this Fall through meetings with an ad hoc business group and based on the Dakota County CDA Market Study for Commercial and Industrial Space. 10. Implementation • Updated to list recommended implementation strategies for land use, sustainability, transportation, community infrastructure, parks, natural resources, housing and economic development. • Greater emphasis on sustainable practices, communications, transit, management of existing infrastructure. Land use actions focus on a new Private Recreation Zoning District, a review of parking regulations and long term implementation of Special Area plans via Planned Development zoning. Eagan Comprehensive Plan 2008 Update 4 August 19, 2008 l~ ~ METROPOLITAN INTERFAITH COUNCIL ON AFFORDABLE HOUSING "Do justice, love mercy, s calk humbly with, your God " Wicab 6:8 e M lu" A H August 25, 2008 Mike Ridley City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: City of Eagan Comprehensive Plan Dear Mike: The Eagan members of the Metropolitan Interfaith Council on Affordable Housing (MICAH) would like to thank you, the Advisory Planning Commission, and the City Council for the openness demonstrated during the 2008 Comprehensive Guide Plan development process. We have reviewed the draft version of the plan which is the subject of a public hearing by the APC on August 26, 2008 and would like to share our comments and recommendations, focusing primarily on the Housing and Implementation Sections. First of all we want to compliment you, the Planning Department staff and the APC for the quality of the overall document. It is a major improvement over the 2000 Comprehensive Plan in the depth of its trend analysis, its use of data, its extensive use of graphics, and the overall clarity of the document. In the Housing Section we want to commend you and the APC for: • Demonstrating a good understanding of the growing need for life cycle housing that is affordable to middle and lower income families • Clearly explaining the economic and demographic trends that have brought about the problem • Describing the relationship between workforce housing and the continued success of our local businesses • Accepting the Metropolitan Council affordable housing goal of 530 units affordable for families whose income is 50% or less than the median family income • Indicating a continued willingness to work in partnership with the Dakota County CDA to address affordable housing issues While the quality and content of the document is an improvement we feel that it can be improved even further by recognizing the-need for affordable housing for those families at or below 40% of the median income level in addition to those at or below 50% of the median income level. This population faces extreme difficulties in obtaining safe, affordable and decent housing in our community. Another improvement would be to reference the Metropolitan Land Use Planning Act requirement for the city to develop standards, plans and programs for providing adequate housing opportunities to meet existing and projected local and regional housing needs, including but not limited to the use of official controls and land use planning to promote the availability of land for the development of low and moderate income housing and to indicate how the Comprehensive Plan addresses this requirement. C~0 METROPOLITAN INTERFAITH COUNCIL ON AFFORDABLE HOUSING NOMEMNIN%^ "Do justice, love mercy, walk humbly with your God." Micah b:8 M 1U'ft 0 H As you know the Act also requires a description of the programs, fiscal devices, and other specific actions that will be taken to implement the plan. The document can be improved by providing more specific implementation actions such as: • In cooperation with the Dakota CDA actively looking for land within the city that has the potential for affordable housing developments or re-developments beyond the special areas • Reviewing fee structures to ensure that they are not a barrier to the development of affordable housing and waive fees for affordable housing units • Considering the allowance of density bonuses for developments that include affordable housing • Considering allowing the use of efficiency apartments within single family home developments in special cases • Examining underutilized commercial land and buildings to look for opportunities for affordable housing developments, e.g., aging strip malls, vacant industrial property, vacant schools, etc. • Consider creating an Eagan Housing Trust Fund. In situations where a development has been provided public money or significant considerations such as major variances, and when affordable housing is not provided in the development, consider requiring a significant per unit payment to a city affordable housing trust fund. (This would be similar to the payment developers make who does not meet the city's park dedication requirement.) The fund could be funded by through this mechanism and other sources. • Continuing to use financial resources such as Tax Increment Financing (TIF) and Community Development Block Grant (CDBG) Funds to support affordable housing developments • Ensuring that the city continues to have sufficient medium and high density zoning to accommodate the need for affordable family rental owner occupied units by rejecting applications to lower density on medium to high density land Again we at MICAH would like to commend you and the APC for the quality of this document and encourage you to consider our recommendations to improve it even further. We know that addressing the shortage of affordable housing in Eagan will require the city to leverage a number of partnerships as has been a long tradition for the city. We all have very important roles to play and we at MICAH stand ready to work with the city to help it meet this affordable housing demand. Sincerely, Mike Wald Jodi Nelson 4167 Starbridge Ct. MICAH Eagan, MN 55122 Lead Congregational Organizer 651-687-9767 cc: Mayor Mike Maguire and Eagan City Council Members, Chairman Gary Hansen and Eagan Advisory Planning Commission Members, Tom Hedges, Jon Hohenstein HANSEN, MCCANN & ®9C®NN®R, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW DAKOTA CENTRAL OFFICES 14450 SOUTH ROBERT TRAIL ROSEMOUNT, MINNESOTA 55068 REID J. HANSEN MICHAEL C. McCANN TELEPHONE: (651) 423-1155 RICHARD L. O'CONNOR FAX: (651) 423-1157 August 26.2008 City of Eagan Eagan City Council Advisory Planning Con-lnnission Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 RE: Public Hearing on Eagan Comprehensive Guide Plan Dear Mayor, Council Members, Commission Members, and City Administration: I write as attorney for Sara B. Inthum, Lois A. Gangl, Mary E. Pineur, Lynn M. Steichen, Joan T. Schwartz, Gail F. Miller and Cheryl R. Heimel, the daughters and grand-daughters of Albert Perron, the owners of a 23 acre parcel on Yankee Doddle Road, lying south of the Eagan Community Center ("Perron Property"). For many years the Perron Property has been comprehensively guided "special area", principally for research and development uses. The Eagan 2030 Comprehensive Guide Plan proposes to designate the Perron Property as "major office". The specific uses in "major office" are broader in scope than those contemplated in the prior designation of "special area". This change is welcome. During the last several years, however, the Eagan City Council has been willing to consider allowing a commercial retail development on the Perron Property, provided the development was of unique and superior quality. The "major office" designation does not contemplate such a possibility. For years, the Perron family has attempted to sell their property. In 1999 they had a purchase agreement with Duke Weeks, which contemplated office/industrial warehouse uses. In the early 2000s the Perron family worked with Target, and from 2404 through 2007 with Paster Enterprises, LLC, and most recently Manley Commercial, Inc., all of which purchasers desired to use the property for commercial retail proposes. The Perron family has never been contacted by a purchaser desiring to develop the land for the uses delineated in the "major office" designation. The development of the Perron Property is important not only to the Pei-roll family, but also to the City of Eagan, given its location near the intersection of Yankee Doodle Road and Pilot Knob Road, Eagan's principal commercial retail district. The Perron family requests that you continue to approach the development of the Perron Property in a flexible manner, as has been exhibited by the Eagan City Council in the last few years. It would be of considerable help in the marketing and developing of the Perron Property if the Eagan 2030 Comprehensive Guide Plan incorporated this flexibility. Thank you for your consideration of the natters discussed herein. Very truly you. FOR TE FIRM Reid J. Han n ~ ate 2008 Distribution List Dwight Johnson, City Administrator Randall Clegg, Superintendent Jay Haugen, Superintendent City of Rosemount Independent School District # 191 Independent School District # 197 2875 145th St. West 100 River Ridge Court 1897 Delaware Ave. Rosemount, MN 55068-4997 Burnsville, MN 55337 Mendota Heights, MN 55118 Mark Bernhardson, City Manager Reference Services Coordinator Planning Director City of Bloomington Dakota County Library System Dakota County 2215 W. Old Shakopee Road 1340 Wescott Road Physical Planning Division Bloomington, MN 55431-3033 Eagan, MN 55123-1099 14955 Galaxie Ave. Apple Valley, MN 55124 John D. Currie, Superintendent Tom Lawell, City Administrator Craig Ebeling, City Administrator Independent School District # 196 City of Apple Valley City of Burnsville 14445 Diamond Path 142 Cedar Ave. 100 Civic Center Parkway Rosemount, MN 55068 Apple Valley, MN 55124-8546 Burnsville, MN 55337-3867 Jim Danielson, City Administrator Cathy Lago, City Clerk Joe Lynch, City Administrator City of Mendota Heights City of Sunfish Lake City of Inver Grove Heights 1101 Victoria Circle 7378 Jordon Avenge South 8150 Barbara Ave. Mendota Heights, MN 55118-4167 Cottage Grove, MN 55016 Inver Grove Heights, MN 55077 0-Q Agenda Information Memo September 16, 2008 Eagan City Council Meeting B. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11 to modify Accessory Structure standards. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS : ➢ At their regular meeting of July 15, 2008, the City Council directed staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to accessory structures. ➢ Community Development staff have been working to better address accessory structures so implementation by residents and staff is more clear and user-friendly. ➢ Application of current standards on newer construction has presented problems and existing standards have resulted in some internal and external confusion. This amendment is intended to update the standards and make therm more universally applicable to new construction and expansions or remodeling of existing structures/uses. ➢ The Public Hearing was held on August 26, 2008 and the APC is recommending approval. ISSUES: ➢ One resident shared his concern with the requirement to match roof pitch and style. The APC stated that a Variance to the standards would be preferable to attempting to define possible exemptions. ATTACHMENTS: (2) Draft APC minutes on page .12L Staff report/ordinance on pages through R_. Advisory Planning Commission August 26, 2008 Page 5 of 6 D. Accessory Structure Ordinance Applicant Name: City of Eagan Location: 3830 Pilot Knob Road Application: Ordinance Amendment An Amendment to Chapter 1, Section 11.40, Subd. 5 relative to accessory structure. File Number: 01-OR-03-07-08 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 18, 2008. He noted the background and history. Chair Hansen opened the public hearing. Dave Willmar asked that the Advisory Planning Commission reconsider Section C, Item 7 regarding roofing of accessory structures. He explained that accessory structures he's interested in are not made to match his Hip-style roof and stated the Ordinance Amendment will restrict him from constructing accessory structures on his property. Chair Hansen asked City Planner Ridley to respond to Mr. Willmar"s concerns. Ridley explained that the current ordinance requires all accessory structures to match the style and design of the principal building on the site. The draft amendment reflects a proposed change from all accessory structures to only structures larger then 200 square feet. Ridley suggested that an exemption in the new ordinance may not be prudent because there is no way to write an ordinance that covers every possible nuance but, rather, the appropriate avenue to deviate from the standards would be a Variance. City Attorney Bob Bauer agreed with City Planner Ridley. Member Chavez questioned whether the terminology regarding building size could or should be enhanced. Staff responded that a check of the International Building Code would be done. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Dugan seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 to modify Accessory Structure standards. A vote was taken. ' All voted in favor. Motion carried: 7-0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley stated he would contact the Advisory Planning Commission when it is determined if a workshop is necessary in September. Advisory Planning Commission August 26, 2008 Page 6 of 6 VIII. ADJOURNMENT Member Keeley moved, Member Chavez seconded a motion to adjourn the Advisory Planning Commission meeting at 7:27 p.m. A vote was taken. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Dana Keeley APC Secretary Camille Worley Recording Secretary ' PLANNING REPORT CITY OF EAGAN REPORT DATE: August 18, 2008 CASE: 01-OR-03-07-08 APPLICANT: City of Eagan HEARING DATE: August 26, 2008 PROPERTY OWNER: NIA PREPARED BY: Michael J. Ridley, AICP REQUEST: Ordinance Amendment LOCATION: City-wide COMPREHENSIVE PLAN: N/A ZONING: NIA SUMMARY OF REQUEST The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, specifically as it relates to Accessory Structures. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40; Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. BACKGROUNDIHISTORY The City handles queries and issues Building Permits for dozens of accessory structures every year. Current City Code standards have caused confusion with interpretation and application for our customers as well as Building Inspection and Planning staff. At their regular meeting of August 4, 2008, the City Council directed staff to process this amendment through the Public Hearing process. EXISTING CONDITIONS The present standards have presented issues for City staff and the public. The City has attempted to regulate the size, scale and utility of accessory structures by limiting the sidewall height (10'). This standard has presented practical difficulties for a number of walkout and lookout lots that Planning Report Ordinance Amendment August 26, 2007 Page 2 utilize the site's natural topography resulting garage sidewall that may be significantly taller than ten feet yet not out of character or scale with the home and surrounding structures. EVALUATION OF REQUEST Work has been put into better defining a way to effectively deal with the scale and intended utility of accessory structures, whether attached or detached, achieving consistency between the City Code and the International Building Code and being less stringent on design standards for smaller accessory buildings (i.e. sheds). The over-arching goal is to create an ordinance that will take the guesswork out of interpreting and applying the standards. Proposed changes from the current standards include requiring roof pitch and style to match the principal structure only if the accessory structure is larger than 120 square feet in size (presently all accessory structures are required to meet this standard), maximum side wall height has been changed to maximum inside wall height (including the standard for that measurement) and the amendment introduces a maximum door height for garages and accessory structures. The standards will apply to R-1, R-2 and Estate Zoning Districts. Existing definitions as well as the draft amendment are attached. SUMMARY/CONCLUSION The City Code Accessory Structure standards have, on occasion, caused interpretation and application issues for our customers and Building Inspection and Planning staff. The proposed amendment refines some language and clarifies standards in an attempt to make certain that garages and accessory structures are subordinate to the principal structure in both scale and use. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 1 I to modify Accessory Structure standards. Existing Definitions Suhd.3. Definitions Building, accessory paeans an accessory structure detached from the principal structure, having a roof and walls to provide weather protection. This includes detached garages, storage sheds, gazebos and similar structure. A carport attached to an accessory building is considered part of that accessory building. Building or structure height means the vertical distance measured from the average elevation of the highest and lowest points within a five foot horizontal distance from the exterior building foundation to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof. Garage, private means an accessory building or accessory portion of the principal building which is primarily intended for and used to store the private passenger vehicles and trucks of the family resident upon the premises and in which no business, service or industry is carried on. Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. Among other things, structures include by are not limited to buildings, gazebos, decks, retaining walls, walls, fences over six feet in height, and swimming pools, but excluding patios and similar at-grade improvements. Use, accessory means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. Draft Ord. Amt. 8-18-08 Page 1 Subd. S. Accessory buildings, structures and uses. A. General Standards. 1. No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot in a residential zoning district prior to the time of construction of the principal building to which it is accessory, except a residential garage, which prior to the construction of a residence can be used only for storage purposes pertaining to and until the completion of the main structure. 2, Accessory buildings exceeding 120 s tare. feet feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and,.match the principal building in color. 3. Accessory buildings shall be maintained in a.manner that is compatible with adjacent uses and does not present a hazard to public health, safety and general welfare. DB. Other uses. 1. Buildings and structures accessory to vises other than farms and single family detached dwellings skull. confoin toile principal building setback requirements specified for the respective zoning district in which they are located. 2. Buildings.ahd structures accessory to uses other than farms and single family detached,dwellings shall not exceed the district height limit or the height of; the principal building, whichever is less, except as otherwise allowed bv:this clal?ter,., COHtailiift MAf P 1hp0l two aiiimal units shall not be less than 50 feet f~em a let lifte-(Relocated to section D) C. Dc-~taehed s Single family Residential uses, R-1, R-2, and E zoning districts. 1. No accessory use or building shall be allowed within a required front yard setback. With the exception of an attached garage, no accessory building or structure may be placed within the front yard. 2. No b ilding „ fmk shat be issued f- ~ more than two detached accessory buildings may be permitted for each single family dwelling. Draft Ord. Amt. 8-18-08 Page 2 3. All accessory buildings shall comply with the following setbacks: R-1 R-2 E Side yard 5 feet 5 feet 10 feet Front yard or public 30 feet 30 feet 30 feet right-of-way Rear yard 5 feet 5 feet 10 feet 4. When an attached garage is present on the site, the total floor area of all detached accessory structures (including- garages) shall not exceed 576 square feet. 5. When an attached garage is,rioi present on the site, the total floor area of all detached accessory structures shall`,* exceed 800 square feet. 6. Ne aecesser-y building ar str-uet&E~ -,hall ha--~e side walls di4-i~ ~Feed to feet in height 7. The roof of all detached accessory structures exceeding 120 square feet or gfeater in size shall match: the pitch and styli pf,the principal structure. S In no event shall the height;of aiiv attached garage exceed the height of the dwelling. 9. In no: event shalt the inside wall <height of an detached accessory structure `including a detached garage, exceed eleven (11) feet as measured from the: floor.to the roof decking. (max 8' wall heifhtfor rccessoYy ,si'ztctures 120 s or smaller} '10. In no eyeiit shall the,height of a door opening of any detached accessory structure o~. attached ara e exceed eight (8) feet, as measured from the floor to the firm covering the door header. -BD. Agricultural>-~7ses Buildings and structures accessory to farming operations are exempt frozxithe'iequirements of this subdivision except that a building containing moire than two animal units shall not be less than 50 feet from a lot line. D. - Other- use-s. (Relocated to section B) i Buildings and stmetures accessefy to uses 3LrL1AG[.41 fafms and single «.ts ei fte f the respec4ive g distfie4 in n ~s YYr}iiLFie the m V11 LLiV,'r Wl V ~ 3~ Draft Ord. Amt. 8-18-08 Page 3 i 2. BiAdings and st-Fue~~es aeeessory to uses ether- than fariiis a-R4 single famil detaehed dwellings shall iiet exeeed the district height limit or- the hei 'othy" rineipal wilding, Y211V11eve AJ less, i-il eept asethefvv se Ullo Yt-I by this ehapte-r, f Agenda Information Memo Eagan City Council Meeting Consent Agenda September 16, 2008 C. RESOLUTION TO ALLOW TEMPORARY DEFERMENT FOR MVTA TO COMPLY WITH NOISE ATTENUATION STANDARDS FOR CEDAR GROVE TRANSIT STATION ACTION TO BE CONSIDERED: To approve a resolution to allow a temporary (5 year) deferment for MVTA to comply with the MPCA noise attenuation standards for the Cedar Grove Transit Station. FACTS (New information in bold): • The City of Eagan has been working cooperatively with the Minnesota Valley Transit Authority (MVTA), Dakota County, MnDOT and the Metropolitan Council to implement the first phases of the Cedar Grove Transit Station through funding from the Urban Partnership Agreement (UPA) and the State of Minnesota. The project is part of Dakota County's joint Cedar Avenue Transit Corridor and Cedar Bus Rapid Transit (BRT) plans. The City has identified the location for the station in its plans for the Cedar Grove Redevelopment District and the Council has previously approved concept plans for the station. • MVTA has implemented the conceptual and preliminary design phases for the project and it recently selected TKDA to be the project manager and engineer for construction of the station between now and September 2009. • One of the elements of the planning for the project involved the completion of a noise study for the project and one of the elements of the study was the identification of potential noise impacts to residential neighbors of the project resulting from the removal of a portion of the berm between the Cedar Avenue freeway and the residential area near the north end of Nicols Road. • While the berm mayor may not have been constructed for noise attenuation purposes, the removal of a portion of the berm requires the project to address noise attenuation by those who may be affected by the change. • MPCA rules provide for the host community to consider a deferment of the implementation of noise attenuation measures. If no other construction were anticipated for the project other than the surface lot and transit station facility, it would be necessary to install a noise wall or other features to recreate the noise attenuation currently resulting from the presence of the berm. • MVTA and its project planners have concluded that the future construction of the parking ramp will result in a structure that is expected to be as tall or taller than the current berm and that it would be more cost effective to incorporate noise attenuation features into the structure or to construct the noise wall as an integral part of the structure. While the structured portions of the parking area will be dependent on future funding, it is conceivable that additional parking levels will be added to the site within the next five years. • MVTA submitted a letter asking that the City consider the approval of a resolution that would provide for a five year deferment of the noise attenuation requirement, to permit them time to do the integrated parking and noise attenuation structure. If the integrated structure is not completed by that time, the resolution would provide for MVTA to meet the MPCA noise attenuation requirements. • At its meeting of July 15, 2008, the City Council authorized the preparation of the resolution conditioned upon notification of neighboring residential property owners. An open house meeting was noticed and held on August 7, 2008 and no residents or property owners attended the meeting. The resolution is in order for consideration at this time. ATTACHMENTS: • Area map on page q • Resolution on pages through LU r wzwoz s z 7Ocl0 s Y Z• Q 5 CDta-boa @ ~ a Lou) zZ IL 1111WIIIIIII E-4 EN y: 4! I l i j I I 4 ~ I I I C3 i" 17A31 I., i~ ' t ! 1m 1 t „ 4 . y Io' o y I y} y ~ ~ ~ ~ ~ S 14 5 1 }1 ' o I - l S_ 1 1 S" 1 3n3trgvnava3a I _ / f ! 1, 1 1 d / h I I }\1 111 tl ;fTrf i c i r / t y i 1 ! 1: 1 - zI- I 1 r :II I - n wrvo-3t-a\*~rk~\~aoia5n\e~1~srvNb~\w~ CITY OF EAGAN RESOLUTION NO. 08- Allow Temporary Deferment for MVTA to Comply with MPCA Noise Standards Cedar Grove Transit Station WHEREAS, the Minnesota Valley Transit Authority (MVTA), in partnership with the City of Eagan and Metropolitan Council, has a construction project, scheduled to start in 2008, for a new transit park and ride facility that incorporates excess right-of-way south of the interchange at Trunk Highways (TH) 13 and 77; and WHEREAS, the new transit facility improvement plans include the excavation and removal of a portion of an existing earthen berm constructed as part of the construction of TH 77 located along a residential area adjacent to the new transit facility site; and WHEREAS, a noise analysis has indicated noise levels in the adjacent residential area to be above acceptable Minnesota residential noise standards and the existing berm has been determined by said noise analysis to reduce existing traffic noise and predicted future traffic noise impacts on the adjacent residential area; and WHEREAS, any removal of the existing berm will require placement of another berm or alternative structure that will provide at least an equal reduction of the traffic noise impacts to the residential neighborhood; and WHEREAS, the MVTA is planning multiple phases of development of the proposed transit facility, including the construction of a multi-level parking ramp with structural walls and other anticipated noise attenuating features; and WHEREAS, a neighborhood meeting was held on August 7, 2008, to discuss the proposed transit facility improvements, including the traffic noise impacts with the planned removal of the existing berm, with the residents and property owners along Carnelian Lane,. Diamond Point and Nicols Road within 350' of the new transit facility site; and WHEREAS, no residents or property owners attended the neighborhood meeting and no other responses have been communicated to the MVTA or the City of Eagan regarding the proposed transit facility improvements, including the traffic noise impacts; and WHEREAS, it is the City's responsibility to protect the quietude of their municipality and a short-term disruption of that quietude in anticipation of future facility improvements or amenities in an upcoming phase of transit facility construction, the City has the authority to make that decision and the Minnesota Pollution Control Agency (MPCA) will support it. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, as the local government authority, will permit a temporary deferment from compliance with MPCA noise attenuation requirements for a period of up to five years in connection with the removal of a portion of the Cedar Avenue freeway berm for the proposed MVTA Cedar Grove Transit Station project, after which the project will be subject to those standards and their enforcement by MPCA. ~~v Motion by: Second by: Those in Favor: Those Against: Dated at Eagan, Minnesota this 16. day of September, 2008. EAGAN CITY COUNCIL By: Mike Maguire Its: Mayor ATTEST: By: Maria Peterson Its: City Clerk AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 16, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA L Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. SCHEDULE PUBLIC HEARING to Consider Resolution for DEED Minnesota Investment Fund Application for Expansion of Biothera at 3388 Mike Collins Drive F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting September 16, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority C'EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. • MINUTES -The minutes of the September 2, 2008 EDA meeting are enclosed on pages MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota September 2, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday September 2, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, and Commissioner Hunter. Commissioner Tilley was absent. Also present were Executive Director Hedges, Community Development Director Hohenstem and City Attorney Dougherty. ADOPT AGENDA Commissioner Hunter moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Commissioner Hunter moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the August 19, 2008 EDA meeting. OLD BUSINESS There were no Old Business items. NEW BUSINESS SUBMITTAL OF DEED MINNESOTA INVESTMENT FUND APPLICATION Community Development Director Hohenstein discussed a request from Biothera, an Eagan based Biotechnology company located at 3388 Mike Collins Drive, for gap financing through a Minnesota Investment Fund grant. Commissioner Bakken moved, Commissioner Fields seconded a motion to authorize submittal of a State Department of Employment and Economic Development Minnesota Investment Fund Application for Expansion of Biothera at 3388 Mike Collins Drive. Aye: 4 Nay: 0 OTHER BUSINESS There were no Other Business items. EXECUTIVE SESSION AND ADJOURNMENT The EDA mecting was recessed at 8:45 p.m. to Executive Session to discuss acquisition of the Parranto property at Cedar Grove. Following that discussion, the EDA adjourned by acclimation at 9:00 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting New Business September 16, 2008 1. SCHEDULE PUBLIC HEARING TO CONSIDER A RESOLUTION FOR DEED FUNDING APPLICATION FOR EXPANSION OF BIOTHERA ACTION TO BE CONSIDERED: To schedule a public hearing for October 7, 2008, to consider a resolution to support a Minnesota Investment Fund Application for Expansion of Biothera at 3388 Mike Collins Drive. FACTS: • Biothera is an Eagan based Biotechnology company dedicated to improving immune health. Biothera operates two business groups, a pharmaceutical group focused on an immune therapy drug designed to enhance cancer treatment, and a healthcare group focused on commercializing their technology through patented food-grade ingredients. The company is planning an expansion that qualifies for DEED Minnesota Investment Fund financing, for which the City would act as a conduit. • At its meeting of September 2, 2008, the EDA authorized staff to work with Biothera and DEED to complete necessary background and application materials. As a part of the formal process for funding, the City Council is to consider a resolution to support the project application at a public hearing. • While the preparation of the materials is in process, staff is requesting that the City Council schedule the public hearing for October 7, 2008, so that the application can be expedited if the necessary materials are completed in time. If not, staff will ask the EDA to continue the hearing to a future date. ATTACHMENTS: • None Agenda Information Memo Eagan Economic Development Authority Meeting September 16, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. [q/