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12/06/2004 - City Council RegularAGENDA EAGAN CITY COUNCIL — REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 6, 2004 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS f . A. Donation of Artwork for the Eagan Community Center — Dakota County Technical Institute IV. CONSENT AGENDA V. PUBLIC HEARINGS APPROVE MINUTES PERSONNEL ITEMS CHECK REGISTERS APPROVE 2005 Tree Contractor License Renewals APPROVE 2005 Tobacco License Renewals APPROVE 2005 Pet Shop and Kennel License Renewals APPROVE 2005 Trash Hauler License Renewals APPROVE Premises Permit Renewal for Mendota Heights Athletic Association to conduct a pull tab operation at La Fonda Restaurant and Valley Lounge APPROVE 2005 Funding Application to Dakota County for the Community Landfill Abatement Funds ACCEPT Bids and Authorize the Sale of Two Used Fire Apparatus APPROVE Agreement with Flint Hills Resource Center allowing them to utilize the City's Emergency Preparedness Network ADOPT Public Works Committee Recommendations, Summit Pass Speed Limit APPROVE hiring Encompass, Inc as Engineering Consultant to Prepare Plans and Specifications for Repair Work at Cascade Bay. APPROVE 2006 Fee Structure for Eagan Community Center. DIRECT the Advisory Planning Commission to hold a Public Hearing on December 28, 2004 to Consider a Draft Amendment to City Code Chapters 11 & 13 Regarding Mailed Notices. CONTINUE Consideration /action on the Cedarstone and McDonald rezoning requests l o,s�,A. 2005 PROPOSED BUDGET AND TAX LEVY — Truth in Taxation PS , g B. VARIANCE — Erik Christenson — A 5.2 foot Variance request to the required 30 foot front yard setback for a garage addition on Lot 2, Block 1, Buffer Hills, located at 3637 Crestridge Court in the SW ''/ of Section 15 72C. PROJECT 912, Windcrest / Birch Park Additions / Deerwood Drive / Denmark Avenue (Street Improvements) /00D. PROJECT 914, Thomas Lake Heights / Trails of Thomas Lake Additions (Street Improvements) VI. OLD BUSINESS VII. NEW BUSINESS a VIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE IX. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA XI. ECONOMIC DEVELOPMENT AUTHORITY (No items are scheduled at this time) * The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS 1. Redevelopment District Update G. ADJOURNMENT XII. OTHER BUSINESS XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 3, 2004 SUBJECT: AGENDA INFORMATION FOR DECEMBER 6, 2004 CITY COUNCIL MEETING OP AGE NDA After approval is given to the December 6, 2004 City Council agenda, the following items are in order for consideration. Agenda Memo December 6, 2004 City Council Meeting RECOGNITIONS AND PRESENTATIONS A: ACCEPT donation of artwork from Dakota County Technical School students to be displayed at the Eagan Community Center. ACTION TO BE CONSIDERED: Accept donation of artwork from Dakota County Technical School students. FACTS: • Staff was contacted by Dakota County Technical School several months ago to see if there might be an interest in the City of Eagan displaying donated pieces of art designed by their art students. • Dakota County Technical School was particularly interested in providing pieces that might enhance the community center but would also provide an opportunity for student's art to be displayed publicly. • The first donation will consist of up to 20 pieces, some of which are seasonal works that are anticipated to be displayed in the Board Room. • Dakota County Technical School is interested in continuing donations that might be incorporated in other areas of the community center or other buildings as the city deems appropriate. • The artwork will become the property of the City of Eagan to be displayed at its discretion. • A representative of Dakota County Technical School will be at the meeting to present the artwork to the City Council. ISSUES: • None Agenda Information Memo December 6, 2004 Eagan City Council Meeting CONS 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 November 16, 2004 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the November 16, 2004 regular City Council meeting are enclosed on pages I f through 9 . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 16, 2004 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on November 16, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant City Engineer John Gorder, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA Item K was moved to Old Business for discussion. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 4, 2004 regular City Council meeting and November 4, 2004 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve the promotion of Dan Mason to Sergeant in the Police Department. 2. It was recommended to approve the hiring of Kim Erickson and Casey McNamara as part-time Guest Services Reps at the Community Center. 3. It was recommended to accept the resignation of Michael Carnis from his position as a volunteer firefighter. 4. It was recommended to accept the resignation of Holly Duffy, Assistant City Administrator / Director of Human Resources, who is retiring. 5. It was recommended to approve the hiring of Lori Peterson - Stahnke as Human Resources Manager. 6. It was recommended to approve the hiring of Jon Bergherr, Charles Brown, Dan Culhane, Dave Gervais, Jim Hummel, Rick Shimion, Ron Smrekar, Pat Cullen and Jim Carroll as sports officials at the Civic Arena. C. Check Registers. It was recommended to ratify the check registers dated November 4, 2004, and November 12, 2004 as presented. D. Liquor Licenses. It was recommended to approve the renewals of existing liquor licenses for 2005, subject to review of applications, payment of fees and Police Department reviews. E. Project 01 -S. It was recommended to acknowledge the completion of Contract 01 -S (Finch Place — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. F. Project 915. It was recommended to receive the Draft Feasibility Report for Project 915 (Ridgecliffe / Berkshire Ponds / Galaxie Avenue / Covington Lane — Street Improvements) and schedule a public hearing to be held on December 13, 2004. G. Contract 02 -15B. It was recommended to approve the revised final payment for Contract 02 -15B (Community Center — Site Work Improvements) in the amount of $67,576.96 to Frattalone, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. H. Project 878. It was recommended to receive the Draft Feasibility Report for Project 878 (Cinnamon Ridge 1 — 7 Additions — Street Improvements) and schedule a public hearing to be held on December 13, 2004. Eagan City Council Meeting Minutes November 16, 2004 Page 2 DRI4FT I. Contract 04 -07. It was recommended to approve Change Order #2, Contract 04 -07 (Lexington Ridge Court — Street Improvements) and authorize the mayor and Deputy City Clerk to execute all related documents. J. Extension for Development Contract. It was recommended to approve a one year extension for installation of a berm described in the Development Contract for the Diffley Plaza subdivision, located at the South West corner of Diffley Road and Johnny Cake Ridge Road. K. Joint Powers Agreement Development Review. Moved to Old Business L. DARE/POLICE Liaison Services Agreement. It was recommended to adopt a D.A.R.E. and Police Liaison Services Agreement between the City of Eagan and Independent School District #196. M. Contract 03 -09. It was recommended to approve Change Order #8 to Contract 03 -09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. N. Contract 04 -13. It was recommended to approve the Plans and Specifications for Contract 04 -13 (North Water Treatment Plant — Furniture, Fixtures and Equipment) and authorize the solicitation for a competitive bid opening at l la.m. December 9, 2004. Council agreed to move the following items from the Administrative Agenda and Legislative /Intergovernmental Affairs Update: Request from Eagan Rotary City Administrator Hedges discussed a request by the Eagan Rotary Club for permission to ask the liquor provider to waive the donation of wine placed on tables and a request to the Council that rental fees be waived for the 2005 Art Gala event. A brief discussion was held. Councilmember Carlson moved, Councilmember Fields seconded a motion to deny a request by the Eagan Rotary Club to waive the donation of wine placed on tables and a request to the Council that rental fees be waived for the 2005 Art Gala event. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE Assistant to the City Administrator Miller provided update on the MSP Airport Noise Oversite Committee. PUBLIC HEARINGS WELLHEAD PROTECTION PLAN City Administrator Hedges introduced this item regarding Part 2 of the required well head and source water protection plan required by the State of Minnesota of all communities with ground water sources for their drinking water supply. Public Works Director Colbert gave a staff report. John Greer, Barr Engineering gave a brief overview of the proposed Part 2 Plan. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the City's Wellhead Protection, Plan, Park 2. Aye: 5 Nay: 0 City Administrator Hedges introduced this item regarding Project 913 (Walden Heights / Twin View Manor / Hillcrest Additions street overlay. Assistant City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing PROJECT 913, WALDEN HEIGHTS / TWIN VIEW MANOR / HILLCREST ADDITIONS STREET OVERLAY Six residents spoke expressing concern about the proposed July 2000 Storm Mitigation improvement portion of the project, specifically regarding the driveway and yard impacts to properties adjacent to the Delores Lane area, as well Eagan City Council Meeting Minutes November 16, 2004 1 Page 3 as the necessity of the street overlay improvements. Public Works Director Colbert explained plans for the storm drainage improvements. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 913 (Walden Heights / Twin View Manor / Hillcrest Additions — Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 916, ST. FRANCIS WOODS 1 sT — 3 RD / 5TH ADDITIONS — STREET OVERLAY City Administrator Hedges introduced this item regarding Project 916, street overlay for St. Francis Woods 1 — 3rd / 5 Additions. City Engineer Gorder gave a staff report. Mayor Geagan opened the public hearing One resident spoke in support of overlay project but felt the division of costs to the property owners is inequitable. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 916 (St. Francis Woods 1 — 3`d • 5 Additions — Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS PRELIMINARY SUBDIVISION SYCAMORE PLACE — EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a preliminary Subdivision (Sycamore Place) of 6 acres to create 9 single family lots, for property located north of the dead end street of Sycamore Court. This item was continued from the October 19, 2004 City Council meeting after being directed back to the Advisory Park and Recreation Commission to review wetland impact sequencing. City Planner Ridley gave a staff report. City Attorney Dougherty discussed Technical Evaluation Panel (TEP) evaluation procedures and stated that the City Council had the authority to direct a TEP review or take action on the proposal based on the information before them. Rich Ragatz, Epic Development discussed his past practices in regard to tree mitigation. bRd4p Craig Murray spoke in opposition to the proposed subdivision stating that the wetland sequencing process was not done correctly. Ronald Peterson, Peterson Environmental Services, discussed the sequencing process. Councilmembers held a discussion regarding the number of lots and the enhancement of the wetlands. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision (Sycamore Place) of 6 acres to create 9 single family lots, for property located north of the dead end street of Sycamore Drive in the SE '/< of Section 36, subject to the following conditions. Aye: 3 Nay: 2 Geagan and Fields opposed. 1. The property shall be platted. 6 Eagan City Council Meeting Minutes November 16, 2004 Page 4 CRAFT 2. The developer shall construct an outlet skimmer structure on the existing storm sewer pipe, in accordance with City engineering standards. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. This development shall dedicate drainage and utility easements to incorporate the required high water level elevation plus three feet as necessitated by storm water storage volume requirements. 5. The park and trail dedication shall be satisfied through a cash dedication. 6. The applicant shall fulfill required tree preservation mitigation through the installation of sixty-six (66) category A trees to be installed on site. 7. The applicant shall provide tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees / woodlands to be preserved on -site. 8. The applicant shall contact the City Forestry Division and set up a pre - grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the tree protection fencing. 9. A minimum wet -pond volume of 0.53 acre -feet covering an area of 0.24 acres with a maximum depth of six feet is required. 10. Hours of hauling excavation material shall be 9:30 a.m. to 3:00 p.m. weekdays; no hauling of excavation material shall occur outside these hours. 11. Hauling of all materials and equipment shall be limited to Red Pine Lane, Weston Hills Drive south of Red Pine Lane, White Pine Way east of Weston Hills Drive, and Sycamore Court. 12. Durin the periods within which excavation materials are being hauled, warning signage shall be placed or directed by the Public Works Director. A flag person shall be stationed at the intersections of Red Pine Lane and Weston Hills Drive and Weston Hills Drive and White Pine Way. 13. All tree removal chipping shall take place on site. 14. An escrow of $5,000 shall be secured for five years to monitor the wetlands. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the proposed wetland replacement plan. Aye: 3 Nay: 2 Geagan and Fields opposed. Consent K. Woodland Preserve Development in Inver Grove Heights Under the Joint Powers Agreement. City Administrator Hedges introduced this item regarding the extension of Eagan utilities to the proposed preliminary subdivision (Woodland Preserve) within Inver Grove Heights, in accordance with the Joint Powers Agreement. Public Works Director Colbert gave a staff report. Recommendations of the Advisory Parks and Recreation Commission were also discussed. Councilmembers discussed the proposed grading of the site in conjunction with the Sycamore Place development, truck traffic and the possibility of a playground. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the extension of Eagan utilities to the proposed preliminary subdivision (Woodland Preserve) within Inver Grove Heights, in accordance with the Joint Powers Agreement subject to the following conditions. Aye: 5 Nay: 0 1. Parks and trails dedication shall be satisfied by cash dedication in accordance with the City of Eagan's fee schedule in effect at time of final subdivision. 2. A physical barrier shall remain in place until 75% of the proposed lots (or 27 of the total 36) have building certificates of occupancy from IGH. NEW BUSINESS PRELIMINARY SUBDIVISION (PEARLMONT HEIGHTS) TIM BOHLMAN City Administrator Hedges introduced this item regarding a rezoning of 12.44 acres from R -2 Residential Double to PD, Planned Development; a preliminary subdivision of 12.44 acres to create 51 lots; and a planned development to create 24 twinhomes with reduced setbacks, for property located at 1565 and 1535 Violet Lane. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes November 16, 2004 1 Page 5 Tomothy Bohlman, representing the developer, made a presentation, discussing the setback issues and driveway issues raised by the Advisory Planning Commission. Councilmembers held discussion with the developer in regard to setbacks, the staggering of units, and driveways length. It was agreed to continue the item to allow City staff and the developer to work on a revised plan. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a preliminary subdivision (Pearlmont Heights) of 12.44 acres to create 51 lots, for property located at 1565 and 1535 Violet Lane in the NE 1/4 of Section 16 to the December 13, 2004 Council meeting: Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION — HOMESTEAD VILLAGE MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning from A, Agriculture to PD, Planned Development of five acres located at 500 Gun Club Road; a rezoning from R -1, Single Family to PD, Planned Development of 2.3 acres located north of 500 Gun Club Road, a preliminary planned development to create 19 lots and one outlot for a small lot single family development with private streets located at 500 Gun Club Road; and a preliminary subdivision to create 19 lots and one outlot for a small lot single family development with private streets upon 7.3 acres located at 500 Gun Club Road. City Planner Ridley gave a staff report. After discussion with the developer, the Council and developer agreed to continue the item to allow the developer to submit a plan based on the twinhome design introduced at the meeting and to allow the developer and staff time to discuss a master plan for the area. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a preliminary planned development to create 19 lots and one outlot for a small lot single family development with private streets on 7.3 acres located at 500 Gun Club Road in the SE '/4 of Section 36 to the January 4, 2005 meeting. Aye: 5 Nay: 0 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges provided an update on Caponi property acquisition. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE CORRESPONDENCE TO THE METROPOLITAN AIRPORTS COMMISSION (MAC) WITH COMMENTS ON THE PRELIMINARY 2005 -2011 CAPITAL IMPROVEMENT PROGRAM Assistant to City Administrator Miller discussed proposed correspondence to be sent to the MAC with comments pertaining to the preliminary 2005 -2011 Capital Improvement Program. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve correspondence to the Metropolitan Airports Commission (MAC) with comments on the preliminary 2005 -2011 Capital Improvement Program and copy all legislative and congressional representatives. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Councilmember Maguire discussed his desire to see the City's documentation process in regard to wetland replacement changed to include a site plan map and narrative to describe the developer's wetland avoidance scenario. Councilmember Maguire also suggested a requirement be added for planned developments that would require a developer to provide a specific document outlining the benefits of the proposed use versus conventional zoning. There was consensus on both points by the City Council. 8 (DRAFT Eagan City Council Meeting Minutes November 16, 2004 Page 6 VISITORS TO BE HEARD Don Knight requested a public statement from the City regarding MAC noise issue. ADJOURNMENT D RA FT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 11:00 p.m. Date Administrative Secretary / Deputy Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675 -5000, (TDD phone: (651) 454- 8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 9 Agenda Information Memo December 6, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. PT Clerical Technician III /Community Development- - ACTION TO BE CONSIDERED: To approve the hiring of Sherri Nichols as a part-time Clerical Technician III in the Community Development Department. Item 2. Part -time Fitness Instructors /Community Center ACTION TO BE CONSIDERED: To approve the hiring of Katherine Marsland and Tracey Roesler as part-time Fitness Instructors at the Community Center. Item 3. Part -time Fitness Attendant /Community Center- - ACTION TO BE CONSIDERED: To approve the hiring of John Mackovets as a part-time Fitness Attendant at the Community Center. Item 4. Resignation/Mechanic— ACTION TO BE CONSIDERED: To accept the resignation of Woodrow Kocurek, Mechanic in Central Services Maintenance. Item 5. Deputy Chief of Police ACTION TO BE CONSIDERED: To approve the promotion of Captain Jim McDonald to Deputy Chief of Police. Item 6. Police Lieutenants ACTION TO BE CONSIDERED: To approve the promotions of Sergeants Greg Johnson and Jeff Johnson to the position of Lieutenant in the Police Department. Agenda Information Memo December 6, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 18, 2004, November 25, 2004 and December 2, 2004 as presented. ATTACHMENTS: • Check registers dated November 18, 2004, November 25, 2004 and December 2, 2004 are enclosed without page number. // Agenda Memo December 6, 2004 CONSENT AGENDA: D. 2005 Tree Contractor License Renewals ACTION TO BE CONSIDERED: To approve the renewals of existing tree contractor licenses for 2005, subject to review of applications and payment of fees. FACTS: • The tree contractor license renewals for the year 2005 include the following: o Miller Tree Service o Collins Tree Service o S & S Tree & Horticultural Specialists, Inc. o The Davey Tree Expert Company o Lawrence Tree Removal o Shorewood Tree Service, LLC o R & R Tree Experts o M. C. Tree Service o Roggenbuck Tree Care o A Top Notch Service, Inc. o Ciardelli Tree & Landscaping o Rainbow Tree Care o Valley Tree Service o Wright Tree Service o Tree Techs o Vertical Perfections Tree Care o Outdoor Specialties o Prime Cut Tree Service o Huston's Tree Service • These renewals are in the process of completion and should be approved subject to review, payment of fees and submittal of required documents. Attachments: None Note: Applications are available for review in the Administration Department. /.2 Agenda Memo December 6, 2004 CONSENT AGENDA: E. 2005 Tobacco License Renewals ACTION TO BE CONSIDERED: To approve the renewals of existing tobacco licenses for 2005, subject to review of applications and payment of fees. FACTS: • The tobacco license renewals for the year 2005 include the following: • These renewals are in the process of completion and should be approved subject to review, payment of fees and submittal of required documents. Attachments: None Green Mill Eagan Duckwood 66 (Kath Fuel) Cedar Cliff BP E &M Liquor Tobacco Warehouse Kwik Trip, Inc. Eagan EZ Stop Cedar Grove Shell Awe Vending & Amusements LaFonda de los Lobos SuperAmerica #4049 SuperAmerica #4182 SuperAmerica #4335 SuperAmerica #4464 Walgreens #01773 Walgreens #02766 Walgreens 305081 Starks Saloon Eagan Citgo Byerly's Wines & Spirits Blackhawk Liquor Cub Foods Lost Spur Golf Course Wal -Mart Store #1786 Sam's Club #4738 Cellars Wines & Spirits of Eagan, Inc. PDQ Food Store #214 Boji Wine & Spirits Comer's Lone Oak Liquors MGM Liquor Warehouse Yocum's Holiday #3831 McG's, Inc. Perrier Wines & Liquors Joe Senser's of Eagan, Inc. Note: Applications are available for review in the Administration Department. /-3 Byerly's Holiday Stationstore #68 Holiday Stationstore #232 Holiday Stationstore #247 Holiday Stationstore #318 Houlihan's Restaurant and Bar Pro Stop Service Center Tom Thumb #273 Big Top Wine & Spirits Oasis Market #375 Oasis Market #518 Oasis Market #576 Oasis Market #590 Oasis Market #594 Oasis Market #5677 Maahir Enterprises, Inc. Rainbow Foods Cooper's Restaurant Liquor Shoppe Cedarvale Bowl, Inc. Axels Bonfire Restaurant Kath Fuel Oil Service Co. T's Discount Liquor, Inc. K- Liquor, Inc. Jensen's Supper Club Crowne Plaza Cedar Grove Shell Hidalgo Market Inc. #2 Al Baker's Restaurant Oasis Market #5685 Sinclair Oil Corp. CVS Pharmacy Metro Group of MN (Shell Station) Tobacco Outlet, Inc. Agenda Memo December 6, 2004 CONSENT AGENDA: F. 2005 Pet Shop and Kennel License Renewals ACTION TO BE CONSIDERED: To approve the renewals of existing pet shop and kennel licenses for 2005, subject to review of applications and payment of fees. FACTS: • The pet shop license renewals for the year 2005 include the following: • The kennel license renewals for the year 2005 include the following: • These renewals are in the process of completion and should be approved subject to review, payment of fees and submittal of required documents. Attachments: None Petsmart, Inc. Wet World Petco #628 Wal -Mart Stores, Inc. Peanut's Place, Inc. Angel's Pet Sanctuary Four Paws Pet Resort, Inc. Note: Applications are available for review in the Administration Department. Agenda Memo December 6, 2004 CONSENT AGENDA: G. 2005 Trash Hauler License Renewals ACTION TO BE CONSIDERED: To approve the renewals of existing trash hauler licenses for 2005, subject to review of applications and payment of fees. FACTS: • The trash hauler license renewals for the year 2005 include the following: Capital Waste System Mac's Roll -Off Service, Inc. Adex Group,nc. Haul -Tech Services Schill's Dumpster Service, Inc. LePage & Sons, Inc. Dick's Sanitation Service, Inc. Waste Management Services Randy's Sanitation Alpha Construction Services JME of Monticello Tennis Sanitation, LLC Walters Recycling and Refuse Henningsen Construction Service, Inc. Keith Krupenny & Son Disposal Service All -Star Disposal, Inc. Aspen Waste Systems Lightning Disposal Nitti Sanitation Lloyds Construction Onyx Waste Services Waste Technology Haugens Triangle Rubbish Dan's Container Service Highland Sanitation & Recycling Coolidge Trucking Systems Total Sanitation Service, Inc. Viet Container Corp. BFI Waste Systems Twin City Refuse Recycling The Buckingham Companies Armor Waste Systems • These renewals are in the process of completion and should be approved subject to review, payment of fees and submittal of required documents. Attachments: None Note: Applications are available for review in the Administration Department. is" Agenda Memo December 6, 2004 CONSENT AGENDA: H. Premises Permit Renewal for Mendota Heights Athletic Association ACTION TO BE CONSIDERED: FACTS: Adopt Resolutions approving a premises permit renewal for Mendota Heights Athletic Association to conduct a pull tab operation at La Fonda Restaurant and Valley Lounge. • The Mendota Heights Athletic Association has conducted pull tab operations in the City of Eagan since 1998. • The Police Department has reviewed the renewal application and not identified any reason to deny. Attachments: • Attached on pages /2 through I8 are the proposed resolutions. /6 WHEREAS, the Mendota Heights Athletic Association has applied for a gambling control board premise permit renewal for the year 2003 for LaFonda Restaurant, 3665 Sibley Memorial Highway; and GAMBLING CONTROL BOARD PREMISE PERMIT RENEWAL FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ON LAFONDA RESTAURANT PREMISES WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and Seconded by: WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application for a premise permit renewal for the year 2003 at LaFonda's Restaurant, 3665 Sibley Memorial Highway. Motion by: CITY OF EAGAN CITY COUNCIL Those in Favor: Those Against: Date: DECEMBER 6, 2004 RESOLUTION CITY OF EAGAN CERTIFICATION /7 By: It's Mayor Attest: It's Clerk I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6 day of December, 2004. Maria Petersen, City Clerk RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT RENEWAL FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ON VALLEY LOUNGE PREMISES WHEREAS, the Mendota Heights Athletic Association has applied for a gambling control board premise permit renewal for the year 2003 for the Valley Lounge, 3385 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application for a premise permit renewal for the year 2003 at the Valley Lounge, 3385 Sibley Memorial Highway. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: Those in Favor: Those Against: Date: DECEMBER 6, 2004 CERTIFICATION /8 By: It's Mayor Attest: It's Clerk I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6 day of December, 2004. Maria Petersen, City Clerk Agenda Memo December 6, 2004 CONSENT AGENDA: I. Approve 2005 Funding Application to Dakota County for the Community Landfill Abatement Funds ACTION TO BE CONSIDERED: To approve the submission of the 2005 Funding Application from Dakota County to operate a Recycling Program for the Cities of Apple Valley, Eagan and Burnsville. FACTS: • Dakota County has funds available annually to help constituent cities promote and operate Landfill Abatement (Recycling) Programs. • The Cities of Eagan, Burnsville, and Apple Valley formed a partnership (Dakota Valley Recycling) that combined their recycling program efforts in June of 2003. Staff has prepared one application for all three cities, which will be submitted to Dakota County to fund the program in 2005. • The application for the Community Landfill Abatement Program follows Dakota County solid waste guidelines and recommendations. The total proposed Landfill Abatement Program request for 2005 is $143,119. • There are three major elements to this budget request: 1. Base level funding for the Recycling Program. Dakota County has set their maximum share for this part of the budget at $123,300. 2. Local Negotiated Initiatives. Dakota County is offering additional money for projects that support the Dakota County Solid Waste Master Plan outcomes. Dakota Valley Recycling is applying for $9,060 to fund a multi - family recycling project. There are no matching funds required for the Negotiated Initiative. 3. Enhanced services are program costs above and beyond what is funded by Dakota County. The proposal includes supplemental funding from the City of Burnsville in the amount of $10,759 to pay for services specific to the City of Burnsville. The City of Burnsville budgets for these services out of their Landfill Host Fee fund. These services include administering the hauler licensing program in Burnsville, coordinating the Household Hazadous Waste Collection event, and coordinating the Spring Appliance /Electronics Collection event. Additional or Enhanced Services shall be performed for the Cities of Eagan and Apple Valley as requested on a "pay as you go" basis. • Due to its length and technical nature, the Community Landfill Abatement Application, Budget and the 2005 Work Plan are not attached, but are available in the City Administrator's office should Council Members wish to review them. Attachments: None /9 Agenda Information Memo December 6, 2004, Eagan City Council Meeting J. APPROVE BIDS AND AUTHORIZE THE SALE OF TWO USED FIRE APPARATUS ACTION TO BE CONSIDERED: FACTS: • At the August 17, 2004 City Council meeting authorization was given to advertise for two fire apparatus replacements. Sale of the two units being replaced was also authorized as part of the funding package. • At the October 5, 2004 City Council meeting authorization was given to approve the bid award to Pierce Manufacturing for two fire apparatus replacements (fire pumper / pumper tanker trucks). • The City advertised and accepted sealed bids on the two units being sold until November 18. • Four bids were received for Unit #5 with a high bid of $112,501.09 submitted by the Dalbo, MN Fire Department. • Four bids were also received on Unit #18 with a high bid of $46,500 submitted by the City of Frazee, MN. • While the high bids were less than the estimates, the bids on the new equipment were favorable and the complete financing package has a favorable variance. • The Fire Department Truck Committee is recommending that the two high bids be accepted and that the apparatus be sold to the high bidders. ATTACHMENTS: None Agenda Information Memo December 6, 2004, Eagan City Council Meeting K. Emergency Preparedness Network Agreement with Flint Hills Resources ACTION TO BE CONSIDERED: Approve an agreement with Flint Hills Resources allowing them to utilize the City's Emergency Preparedness Network. FACTS • The City of Eagan currently possesses technology utilizing 9 -1 -1 information to notify the public in the event of an emergency. • Public notification is made via a recorded message delivered to the residents via telephone. • Flint Hills Resources wishes to acquire this technology to notify residents within a three mile radius of the facility in the event of an emergency. • Flint Hills Resources does not have the ability to access 9 -1 -1 information. • Through a contractual agreement with the City of Eagan, Flint Hills Resources will be able to access the 9 -1 -1 data for public notification only. • For compensation to the City, Flint Hills Resources will agree to pay a one -time start-up fee of $22,800.00 and all the legal fees the City has incurred to research this matter. They will also pay the City $918.00 per month for their portion of on- going operations and support costs. • Legal Staff representing the City have reviewed the agreement and found it to be in order. • Representatives from Flint Hills Resources and the Eagan Police Department will be present for questions. ATTACHMENTS A copy of the agreement with Flint Hills Resources is attached as pages.? through a/ i FLINT HILLS R RESOURCES u Pine Bend Refinery EMERGENCY PREPAREDNESS NETWORK SERVICE AGREEMENT THIS EMERGENCY PREPAREDNESS NETWORK SERVICE AGREEMENT ( "Agreement ") is made this day of , 2004 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 is a party to that certain Emergency Preparedness Network Service Agreement with Qwest Corporation ( "Qwest"), (hereinafter the "Master Agreement "), a copy of this Master Agreement is attached hereto as Exhibit "A" and 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 emergency preparedness network to pro vide 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 emergency preparedness network all upon the terms 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: 1.1 L DEFINITIONS The following terms shall have the following meanings for purposes of this Agreement: "Access Code" shall mean a unique alphanumeric code selected by Flint Hills used by City and Qwest to authenticate Flint Hills during EPN Initiation. The Access Code shall not be' accessible via Browser -Based Defined File or maintained in computers connected to the Public Switch Telephone Network ( "PSTN "). Changes in Access Code assignments and Flint Hills ID submitted to City and Qwest shall be confirmed by telephone call placed by EPN Operator to. Flint Hills designated contact at Flint Hills designated telephone number prior to being entered into City /Qwest operational database. P.O. Box 64596 Saint Paul, Minnesota 55164 , 651.437.0700 i 1.2 "Browser -Based Defined File" shall mean a mechanically readable file in a hypertext markup language computer interface to be developed by Qwest for City and Flint Hills use for EPN Administration and if elected by Flint Hills, EPN. Initiation. • - "1.3- "Calling and Message Delivery" is that portion of the EPN, service in which Qwest provided facilities automatically dial telephone numbers on a Call List or Extracted List and, upon such calls being sans Nk eyed, playback to the answering person/facility the Flint Hills designated message: 1.4 "Call - List" is a list of numbers created and maintained by Flint Hills in electronic medium, and.in such computer format as may from time -to -time be prescribed by Qwest, to be dialed by the EPN service for message delivery in a Call List Flint Hills is responsible for obtaining any authorization necessary for inclusion Of telephone numbers an Call Lists. 1.5 "Call List Event" shall mean Events in which the telephone'numbers to be called - are derived from Flint Hills - provided and maintained lists of telephone numbers, as opposed to Events in which the list of telephone numbers to be called is extracted from the EPN Database by geographic location. 1.6 "Call Prioritization" shall mean, with respect to Preplanned Events, Flint Hills' designation of the order in which subsets of the geographic area within the Event Boundaries of the Preplanned Event are to be Called and,Message Delivered. 1.7 "Flint Hills ID" ' shall mean the unique eight (8) character alphanumeric identifying Flint Hills. Flint Hills ID is used'by.City and Qwest to authenticate Flint Hills during changes in Flint Hills ID and Access Code submitted to City and Qwest. The Flint Hills ID' shall be confirmed by telephone call placed by EPN Operator to Flint Hills designated at Flint Hills designated telephone number prior to being entered into City /Qwest operational database; 1.8 "Flint Hills Message" shall mean message(s) created by Flint. Hills and identified by Flint Hills to EPN Operator for transmission via EPN. Flint Hills may'maintain up to twenty (20) messages, whether prerecorded or recorded immediately prior to EPN Initiation, and shall be solely responsible- for the content and correct designation of the message to be transmitted with an Event. 1 :9 "Dynamic Event" shall mean an Extracted List Event in which the Event Boundaries are specified by Flint' Hills during EPN Initiation through (i) specification of street address or,intersection and radius to Event Boundary, or (ii) ,uploading of a Browser -Based Defined File with Event Boundaries applied. - 1.10 "Emergency Preparedness Network Service" ( "EPN" or "Service ") shall mean an integrated solution that identifies and notifies population within minutes of EPN Initiation by Flint Hills, of an impending Event: EPN includes (i) development. and maintenance of a database of telephone numbers by geographic location of the station, associated with each such number, (ii) maintenance of Flint Hills- defined call lists, (iii) extraction of telephone numbers associated with stations' within -a Flint Hills- designated geographic area, and (iv) high volume automated dialing of said numbers and playback of Flint Hills - recorded message. 1.11 "EPN Initiation" shall mean Flint Hills activates an Event. EPN Initiation shall include the following steps in launching an Event (i) direct communication by - Flint Hills with an EPN Operator to Validate identity, (ii) initiate a database extraction or loading of a Call List into City system for automated dialing and (iii) identifying the message number to be replayed'by the EPN service. EPN Initiation shall not include those activities defined as EPN Flint Hills Administration. L12 "EPN' Flint Hills Administration" shall mean Flint Hills' management or administration of its EPN, which does not involve the specific actions defined. as EPN Initiation.: EPN Flint Hills Administration shall include such activities as creating and modifying g messages, modifying Pre-planned CaIl .Lists, �recordin mesa es, modi n Event boundaries, creating and. loading Browser -Based Defined Files,, reviewing browser -based EPN reports described in Attachment 1 hereto, and similar activities. EPN. Flint Hills Administration shall specifically include Flint Hills' maintenance of , Access Codes, PIN , Numbers and other security measures ' notwithstanding that Flint Hills may elect t� require any changes in such security measures to be confirmed by EPN Operator - initiated telephonic communication with Flint Hills designated representative(s). L13 "EPN Database" The geographically coded database of telephone numbers associated with stations located at sei vice addresses, including community name of service address, x,' y coordinates of service address, service address,' street aliases, street centerline layer, and such other data as City and Flint Hills find or may find necessary and appropriate to permit •Qwest to create Extracted Lists from within geographic boundaries specified by Flint Hills. • 1.14 "EPN Operators" shall mean those,personnel on duty at the facility designated by Qwest and the City for provision of EPN and assigned to assist Flint Hills with EPN Initiation.- • 1.15 "Event" means the use of EPN by. Flint Hills to (i) provide a message for transmission by EPN, (ii) provide a Call List or define Event Boundaries from which an Extracted List is to be derived, and,(iii) authorize Calling and Message Delivery. 1.16 "Event Boundaries" shall , mean the . boundaries' describing "and completely enclosing a geographic area, from within which the Extracted List for the 'Event is to be derived. In the case of Preplanned Events from an Extracted List, Event Boundaries may be depicted on a Browser -Based Defined File or map, or described by street boundaries. For Dynamic Events from an Extracted List, Event Boundaries may be described by street address or intersection - and radius to Event Boundary. During EPN Phase II, Event Boundaries for Dynamic Events - from an Extracted List may be represented by uploading of a Browser- Based. Defined File. 1.17 "Event Fee" . shall mean the product of multiplying the PCF. by the number of thirty (30) second increments or portion of thirty (30) second increments of connect time for each Successfully Completed Call in an Event. 1.18 "Event Launch" shall mean the initiation of Calling and Message Delivery by Qwest via the Master Agreement at the direction of City on behalf of and at the • direction of Flint Hills (as detailed herein,, the Parties will coordinate with Qwest to allow Flint Hills to work directly with Qwest to make such initiation[). 1.19 "Event Management" shall mean use of a dial -up voice or fax connection to an EPN Operator orutilization of the browser -based EPN Client deployed in a secure Intranet to view and manage an Event, including Event creation, Event monitoring, and Event termination. Flint Hills • will have visibility to . preplanned Events and Event numbers as well as the associated voice mesage numbers (to the extent that such visibility would give Flint Hills access to unlisted/nonpublished telephone numbers, the Parties will discuss and agree upon the flow and disclosure ' of such inforrriation for emergency - related purposes hereunder, and such information will be subject to Flint Hills' obligations under Paragraph 14, below and to any obligations under applicable law). 1.20. "Extracted List" shall mean a list of telephone numbers associated with stations within the geographic area of a Pre- planned Event or Dynamic' Event which is extracted from the EPN Database by Qwest for loading into its high volume outbound calling facilities for Calling and Message Delivery. 1.21 "Extracted List Event" shall mean an Event in which the telephone numbers loaded. into Qwest automated dialing facilities are from an Extracted List, as opposed to a Call List. 1.22 'Per Call Fee" or "PCF shall mean'the charge associated with each thirty (30) seconds or portion of thirty (30) seconds of a Flint Hills message and, shall be, based upon 'the actual answer -to- disconnect times measured by the network. For .example; a Flint Hills message and answer -to- disconnect of thirty one (31) to sixty (60) seconds in length would include two (2) PCFs., 1.23 "PIN Number" A Flint Hills defined security code which will control access to the voice messaging system for the creation, deletion and maintenance of the Flint Hills message(s). Chan in Access Codes and PIN Numbers' submitted to City by encrypted or secure Browser -Based Defined File or e-mail 'or otherwise; shall be confirmed by telephone call placed by EPN Operator to Flint Hills designated contact at Flint Hills designated telephone number prior to being' entered into City operational database. 1.24 " Preplanned Event List" shall mean an Extracted List Event in which the Extracted, List is derived from Event Boundaries developed in advance of the Event, and as opposed to boundaries. being derived at the time of the Event based upon an address and intersection and radius. Preplanned Events are intended to - involve more complex boundaries determined by multiple contiguous polygons,. for example flood plain boundaries, for use in transmitting flash flood evacuation warnings. An area defined by multiple polygons with contiguous polygon boundaries shall be deemed a single Event for billing purposes; notwithstanding that each polygon may be assigned a different Call Prioritization or- Flint Hills Message. - 1.25 "Public Safety Agencies" shall mean those agencies which by law are responsible for the delivery of emergency services. 1.26 "Public Safety Answering Points (PSAF)" shall mean law enforcement communications centers that include, but are not limited to, Dakota County Sheriff's Office, Washington County .Sheriff s Office, City of Cottage Grove and the City of Eagan. 1.27 "Record" shall mean the information entered in the EPN Database(s) for a single 'Subscriber Line. ; • ; 1.28 "Retry Interval " shall mean the minimum number of , minutes that elapse between each attempt by Qwest to deliver a full or partial message to a telephone number, as determined by Flint Hills. The maximum Retry Interval shall be equal to "the minimum Retry Interval plus the amount of time required to dial other _ numbers in the retry pool. 1.29 "Simulated Event" shall mean an Event initiated by Flint Hills for purposes of training; testing or validation of the performance EPN, involving recording and/or designation of a Flint Hills message, designation of a Call .List or real -time extraction of telephone numbers to be dialed from the EPN Database, and Calling and Message Delivery. Timing of Simulated Events shall be coordinated between Qwest, Flint Hills and City, and shall be initiated using Flint -Hills ID and Access Code' designated for use only with Simulated Events. 1.30 "Subscriber Line" shall mean'a telephone line in the EPN Database conriected to a handset. "Subscriber shall not include lines connected to' payphories, lines which have -been disconnected, facsimile lines, lines used exclusively for modem access, or other such services. Trunked lines horning to a single number or multiple lines otherwise connecting to a single PBX shall be treated as a single Subscriber Line for purposes of this Agreement. "Successful Completion" or "Successfully Completed Call" shall .mean the telephone number was answered and (i) the Flint Hills- designated message was delivered in whole, or (ii) the called station disconnects prior to the Flint Hills- designated message being delivered in whole. A call disconnected prior to Flint 6 Hills - designated message being delivered in whole due to malfunction of EPN or Qwest Network shall not be deemed a "Successfully Completed Call." - 1.32 "Test Event" shall mean those instances in which Flint Bills initiates an Event for purposes of training, testing or for validation of the performance of EPN,_ involving recording and/or designation of a Flint Hills message, ' real -time extraction of telephone numbers to be dialed from the EPNWDatabase,' but not Calling 'and Message Delivery. Timing of Test Events shall be coordinated' between Qwest, Flint Hills and City, and shall be initiated using Flint Hills ID and Access Codes designated'for use only' with Test Events. . 2.' CONDITIONS PRECEDENT TO CITY'S OBLIGATIONS 2.1 The obligations of the City under this Agreement are expressly conditioned upon the City remaining a party to the subject Master Agreement referred-to, above as well as Flint Hills' compliance with the terms of the Master Agreement. 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 withoutany liability or cost to the City. In addition, the City's ability to provide the EPN or service is further limited by the ability of its provider, Qwest, to provide the appropriate database- and technical services . to the City to allow Flint Hills to undertake an EPN Initiation. Nothing contained in this Agreement shall impose any liability upon the City in the event Flint Hills is'unable to undertake an EPN Initiation. ': SUMMARY OF QWEST EPN SERVICES UNDER MASTER AGREEMENT - 3.1 ' Qwest® Emergency Preparedness Network (EPN) has been represented to the City to be an integrated solution that identifies and notifies- within minutes a designated population of an irripending emergency (Event): EPN combines the functionality of the EPN application, a geographically coded telephone number, address database and outbound. calling. EPN uses this database to identify the telephone numbers within a specific geographic area; which define an emergency Event. The outbound calling begins with the dialing of the telephone numbers from within the Event boundaries, providing a specific voice message or notification-generated by customers 'such as Public Safety Agencies or Offices of Emergency Management. - - 3.2 When an emergency situation arises, the City or its designee must initiate an Event to Qwest for a specified Event boundary (either pre - planned or drawn in 1 real- time): The Qwest EPN application interprets the polygon information and extracts .coordinate locations within the Event boundaries, matches Location to telephone number and prioritizes the . telephone list based on proximity to the disaster and related central office location.. The call list is then transferred to the .outbound calling system so that calling may begin. 4. SCOPE 4.1 Performance requirements and - EPN service levels will be on a "Time is of the Essence" basis. City (through and in cooperation with Qwest) will provide EPN service to Flint Hills under the City's Master Agreement with Qwest on a continuous basis for initiating, Events. Technological support and providing the results of an Event will be in accordance with the terms and conditions proyided in the Master Agreement. Outbound calling with Flint Hills specified voice message should commence in less than five (5) minutes after Flint Hills initiates Event with Qwest, absent system and network malfunction. Message content of EPN is determined solely by Flint Hills. The Parties agree that with respect to EPN 'service hereunder, Flint • Hills will ' deal directly with Qwest (with coordination with the City) to the extent reasonably practicable and legally permissible, but - the. City agrees to .work directly 'with Qwest to the extent necessary to effectuate EPN 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 14, below and to any obligations under applicable law.) • • 4.2 This EPN Agreement is subject to the limitations, restrictions and termination provisions of the Master Agreement: 5. TERM/TERMINATION OF AGREEMENT -5.1 This Agreement is effective on the latest 'signature date and is terminable by either party upon ninety (90) days notice: In the event the Master Agreement between the City and • Qwest Corporation is terminated for any reason, this Agreement shall terminate. :In the event the City discovers that Flint Hills has made an improper EPN Initiation or has used the EPN Database for a purpose other than an Event, the City wnay'terminate this Agreement immediately. 5.2 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 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. 5.3 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). 6. INITIATION OF SERVICES 6.1 PHASE!: ' Subject to. the Master Agreement, Flint Hills (in coordination with the City, and with the City making direct contact with Qwest as necessary to provide the EPN services as detailed herein) may, at its sole cost and expense, contact Qwest to provide: • Initial data extraction and preparation of telephone numbers and addresses for specified EPN area. , • . Creation , and maintenance of each telephone number and address geographically coded in the EPN Database. • • Development and maintenance of Event Boundaries of Preplanned Events. (develop and update as required by Hills` modifications to 'polygon files encompassing areas designated by Flint Hills as within a Preplanned Event area for use in creating an Extracted List upon Flint Hills initiating a Preplanned Event based on an Extracted List). • Creation of Event Boundaries for Dynamic Events. Maintenance of static Call Lists developed by Flint Hills. . • • Network review including central office location and boundary and overall system capacity. . • On -going Service Order Input updates to the EPN Database based upon market area inclusion to EPN Database. • • Facilities for Flint Hills to adcess 800 /888 dial up number for recording Flint Hills Messages, including capability for Flint Hills to review and re- record Flint. Hills Message and confirm message duration. • 24/7 availability. 7. USE OF SERVICE 7.1 Flint Hills Defaults. Flint Hills shall use its best efforts to work with the City and Qwest to make the following elections, which shall apply to all Events. (a) Retry Interval orr no answer condition. (b) Retry Interval on busy signal. • (c) Message delivery to answering devices. (d) Called party options t� repeat message. '7.2 Preplanned Events. Flint Hills Shall use its best efforts to work with the City and Qwest to provide the 'parameters for each Preplanned Event, in advance, including:, (a) Event Boundary. (b) Individual polygon parameters within the Event Boundary. (c) Assignment of • a prioritization number to each polygon within an Event Boundary for .a Preplanned Event. 7.3 Dynamic Events. Flint Hills shall use its best efforts t� work with the City and Qwest to provide a street address or intersection designation and radius, in feet or miles, to Event Boundary. 7.4 Call List Events. Flint Hills shall create and designate the ,Call List file to be used. ... 7.5 All Events: In initiating Events, whether a Preplanned Event, Dynamic Event or Call List Event, Hills shall activate EPN in the following manner: ' -(a) Flint Hills records message and assigns Flint Hills Message number (0 -20) or confirms,pre- recorded message and Flint Hills Message number -20). (b) Flint Hills confirms Preplanned Event number or Call List number; if applicable. - (c) Flint Hills contacts EPN Operator by telephone or fax, or accesses EPN - system via Browser -Based Defined File, and: (d) Flint Hills provides Access Code. (e) Flint Hills provides PIN Number. - (f). Flint Hills 'identifies type of Event (Test Event, Preplanned Event, Dynamic Event, Simulated Event or Call List Event). (g) Flint Hills identifies Message Number. (h) Flint Hills. identifies Preplanned Event number, Call List number, provides street address or intersection designation and radius to Event Boundary, or uploads via Browser - Based Defined File with Event Boundaries applied. (i) Flint Hills authorizes commencement of Calling and Message Delivery after EPN Operator identifies quantity of Records in Call List or Extracted List. 8: EPN SERVICE CHARGES PRICING 8.1 Flint Hills must reimburse the ,City for the "Legal Fee/Implementation Fee" as stated in Exhibit "B." In addition, Flint Hills must, reimburse the City for the service fees, Events Fees and other charges arising out or 5elating to an EPN Initiation, as detailed in the summary, of charges 'attached hereto as Exhibit "B ". The City reserves the right to reasonably modify the Monthly Fee and Event 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. 9. PARAMETERS. 9.1 The interval between EPN Initiation and Event Launch should not exceed five (5) minutes absent system and network Malfunction. 9.2 The Outbound .Calling Rate will be determined by the number of ports (possible' simultaneous calls), length of Flint Hills message, and interval between disconnect H of a call on a port and dialing of the successive call on that port. 9.3 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 EPN 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. 10. TAXES. 10.1 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. 11: LIMITATION OF LIABILITY. 11.1 CITY WILL NOT BE LIABLE TO FLINT HILLS FOR ANY INCIDENTAL, INDIRECT, SPECIAL; OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. REMEDIES UNDER THIS AGREEMENT (j) Promptly notify the ity. (k) , Notify other PSAP's. • s . 3/ ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. - 12. NO WARRANTIES 0 12.1 EXCEPT AS DETAILED ELSEWHERE IN -THIS AGREEMENT, THERE ARE NO WARRANTIES, EXPRESS OR ,IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 13. INDEMNIFICATION 13.1 Flint Hills has sole responsibility for ensuring that any determination of an Event 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 an Event via telephone to City that does not fall within Federal guidelines for the use of autodialers: Indemnification shall include, but is not limited to, costs and:attomey's fees. City relies solely on Flint Hills . to determine what constitutes an emergency. Therefore, Flint Hills agrees to provide the same indemnification referenced above for any non- emergency use of Service. 14. CONFIDENTIALITY: 0 14.1 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 Qwest. 14,2. "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 br • pursuant to order of a governmental agency. -14.3. , 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 Qwest. 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. At City's written .request, Flint Hills will promptly return to City all those materials and any copies, except a single archival copy: 14.4. 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. 15. UNCONTROLLABLE CONDITIONS 15. 1 Neither Party will be deemed in violation of this Agreement c 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. 16. LAWFULNESS 16.1 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. 17. DISPUTE RESOLUTION 17.1 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., (Flint Hills recognizes that the arbitration provision in the Master Agreement contains a reference to _employees and agents, but the Parties agree that . Flint Hills' employees and agents are not covered by the arbitration provision in this Paragraph or as incorporated from the Master'Agreement.) 18. GENERAL PROVISIONS • 18.1. Failure or delay by either Party to exercise any right, power, or privilege hereunder, will not operate as a waiver hereto. 18.2. The Parties recognize that the Master Agreement is a retail end user contract, and that is Agreement is 'subject to the terms and conditions Contained in the Master Agreement between the City and Qwest Corporation. 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. 18.3. This Agreement benefits Flint Hills and City. There are no third party beneficiaries. 18.4: If a Party returns this Agreement by facsimile machine, the signing Party intends the copy of this authorized signature printed by the receiving facsimile machine to be its original signature: - - - 18.5. This Agreement constitutes the entire understanding between Flint Hills and City with respect to Service provided 'herein and supersedes any prior agreements or understandings. 18.6 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 govemed. 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 Minnesota Exchange and Network Services Price List, as they maybe amended or replaced from time to time. 18.7 Nothing contained in this Agreement shall establish an exclusive arrangement between the City and Flint Hills. The City is free to contract with other entities as it deems appropriate to establish an EPN. '18.8 Upon execution of this Agreement, Flint Hills must , immediately notify all applicable PSAPs of the existence of this Agreement and its ability to initiate an Event. 19. NOTICES 19.1 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 followingrespective addresses: City of Eagan By: Pat Geagan Its: Mayor Date City of Eagan Date To Flint Hills: To City: With a Copy to: 20. EXECUTION By Mira B. McGaivey Its: Deputy Clerk 1 Flint Hills Resources, LP P.O, Box 64596 St. Paul, MN 55164' City of Eagan Attn: City Clerk 3830 Pilot Knob Road Eagan, MN 55122 Flint Hills Resourc Au t orized Si Its: Z.70. .Date (`/ Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 20.1 • The parties hereby execute and authorize this Agreement as of the latest date - shown below. QWEST EMERGENCY PREPAREDNESS NETWORK SERVICE This is an agreement between Cityof Eagan ( "CUSTOMER ") and Qwest Corporation ( "Qwest "), for the provision of Qwest Emergency Preparedness Network Service as defined herein ( "Agreement "). Throughout this Agreement, CUSTOMER and /or Qwest may individdafly be referred to as "Party" and collectively as 'Parties ". 1. SCOPE. 1.1. EPN is an integrated solution that •identifies and notifies a population in a predetermined or immediately "identified geographic area within minutes of an impending emergency. EPN transmits a CUSTOMER - created and designated message generated by CUSTOMER(s) such as Public , Safety Agencies or Offices of Emergency Management to said telephone numbers_ through high - volume automated outbound dialing and message playback. EPN combines the functionality of the EPN 'application, a geographically coded telephone number and address database, and outbound calling. 1.2 When an emergency situation arises, CUSTOMER initiates activation of EPN to Qwest for the area within a specified Event Boundary, either preptanned or "drawn" .in real time. CUSTOMER provides .a message to be transmitted 10 stations within the Event Boundary. EPN application interprets the polygon information describing the Event Boundaries and extracts coordinate locations within the Event Boundaries, matches location to telephone number, and prioritizes the telephone number list based on proximity to the disaster and related 'central office location. The telephone list is then transferred to the outbound calling --system so that calling may begin. 1,3 Performance requirements and EPN. service levels will be on a `Time is of the Essence" basis. Qwest will provide EPN to CUSTOMER on a continuous basis for initiating Events, technological support and providing the results of an Event in accordance with the terms and conditions provided herein. Outbound calling with CUSTOMER specified voice message shall comrrience in' less than five (5) minutes after Event initiation, absent system and network malfunction. Message content. of EPN is determined solely by CUSTOMER. 2. - TERM. 2.1 This Agreement is effective on the latest signature date and expires thirty six (36) months from the date Service is available to CUSTOMER, as evidenced by Qwest records. 2.2. Qwest shall make reasonable efforts to notify Customer ninety (90) days in advance of termination. If by the end of the term of this Agreement the parties have not executed a mutually acceptable new agreement, Service shall terminate. ` 3. DEFINITIONS. . The following terms shall have the following meanings•for purposes of this Agreement: . 3.1 "Access Code" shall mean a unique alphanumeric code selected by CUSTOMER used by Owest to authenticate CUSTOMER during EPN Initiation. The Access Code shall not be accessible via Browser- . Based Defined File or maintained in computers connected to the Public Switch Telephone Network _( "PSTN "). Changes in Access Code assignments' and CUSTOMER ID, submitted to Qwest shall be confirmed by telephone call placed by EPN Operator to CUSTOMER designated contact at CUSTOMER designated telephone number prior to being entered into Qwest operational database. . 3 -2 "Browser -Based Defined File", shall mean a mechanically readable file in a hypertext markup language computer interface to be developed by Qwest for CUSTOMER use for- EPN CUSTOMER Administration and, if elected by CUSTOMER, EPN Initiation. 2.3 "Calling and Message Delivery" is that portion of the EPN service in which Qwest - provided facilities automatically dial telephone numbers on a Call List or Extracted List and, upon such calls being answered, playback to the answering person /facility the CUSTOMER designated message. 3.4 "Calf List" is a list of numbers created and maintained by CUSTOMER and delivered to Qwest in electronic medium,, and in such computer format as may from time -to -time be prescribed by Qwest, to be CDS-03092570001M 2003 Qwest Corporation DGM/OMR 4 85759 EXHIBIT °A . Agreement Number: 030926 -0001 Billing Number: Page 1 Version 4: 09 -29-03 EPN dialed by the EPN service for message delivery in a Call List Event. CUSTOMER- is responsible for obtaining any authorization necessary for inclusion of -telephone numbers on Call Lists., 3.5 "Call List Event".shall mean Events in which the telephone numbers to be called' are derived from CUSTOMER - provided and maintained lists of telephone numbers, as opposed. to Events in which the list of telephone numbers to be called is extracted from the EPN Database by geographic location. 3.6 "Cali Prioritization" shall mean, with respect to Prepfanned Events, CUSTOMER "designation of the order in which subsets of the geographic area within the Event Boundaries of the Prepfanned Event are to be Called and Message • Delivered. For example, in the context of a Prepfanned Event in which the Event Boundaries are flood plain boundaries for use in transmitting flash flood evacuation warnings, CUSTOMER might designate areas at the top of the flood plain for Calling and Message Delivery prior to Calling and Message Delivery to areas at the l ottom of the flood plain. • -3.7 "CUSTOMER ID" shall mean the unique eight (8) character alphanumeric identifying CUSTOMER. - CUSTOMER ID is used by Qwest to authenticate CUSTOMER during changes in CUSTOMER -,ID and Access Code submitted to Qwest. The Customer ID shall be confirmed by telephone call placed by. EPN Operator to CUSTOMER designated contact at CUSTOMER designated telephone number prior to being entered into Qwest operational database. 3.8 "CUSTOMER Message" shall mean message(s) created .by CUSTOMER and identified by CUSTOMER to EPN Operator for transmission via EPN. CUSTOMER may maintain up to ninety nine (99) - messages, whether prerecorded or- recorded' immediately. prior to EPN: initiation, and snail be solely responsible for the content and correct designation of the message to be transmitted with an Event. 3.9 "Dynamic Event" shall mean an Extracted List Event in which the Event Boundaries are specified by CUSTOMER during EPN initiation through (i) specification of street address or intersection and radius to Event Boundary, or (ii) uploading of a Browser -Based Defined File with Event Boundaries applied. 3.10 "Emergency Preparedness Network Service" ( "EPN" or "Service ") shall mean an integrated solution that identifies and notifies population within minutes of EPN Initiation by CUSTOMER of an impending Event. EPN includes (i) development and maintenance of a database of telephone numbers by geographic location of the station associated with each such' number, (ii) maintenance of CUSTOMER - defined call lists, • (111) extraction of . telephone numbers associated with stations within a CUSTOMER- designated geographic area, and (iv) high volume automated dialing of said numbers and playback of CUSTOMER - recorded message. . 3:11 "EPN Initiation" shall mean CUSTOMER activates an Event. EPN Initiation shall include the following steps in launching an Event (1) direct communication by CUSTOMER with an EPN Operator to validate identity, (ii) initiate a database extraction or loading of a Call List into Qwest system for automated dialing and (iii) identifying the message number to be replayed by the EPN service. EPN initiation shall not include those activities defined as EPN CUSTOMER Administration. • 3.12 "EPN CUSTOMER Administration" shalt mean CUSTOMER management or administration of it's EPN, which does not involve the specific actions defined as EPN Initiation. EPN CUSTOMER Administration shall include - such activities as creating and modifying CaII Lists, recording messages, modifying Pre - planned Event-boUndaries, creating and loading Browser -Based Defined Files, reviewing browser -based EPN reports described in Attachment 1 hereto, and similar activities. EPN CUSTOMER Administration shall specifically include CUSTOM maintenance of Access Codes, PIN Numbers and other security measures notwithstanding that CUSTOMER may elect to require • any changes in such security measures to be confirmed by EPN Operator =initiated telephonic communication with CUSTOMER - designated representative(s). 3.13 "EPN Database" The geographically coded database of telephone numbers associated with stations located at service addresses within CUSTOMER jurisdiction, including community name of service address, x, y coordinates of service address, service address; street aliases, street centerline layer, and such other data as Owest finds or may find necessary and -appropriate to permit it to create Extracted Lists from within geographic boundaries specified. by CUSTOMER. 3.14 "EPN Operators" shall mean those personnel on duty. at the facility designated by Qwest for - provision of EPN and assigned to assist CUSTOMER with EPN Initiation. • CDS- O30926-0001/C 2003 Qwest Corporation DGM /OMR • 85759 ' Page 2 - Version 4: 09 - - EPN 3� 3.15 "Event" means the use of EPN by CUSTOMER to (1) provide a message for transmission by EPN, (ii) provide. a Call List or define Event Boundaries .from which an Extracted .List is.to.be derived,. and .(iii). authorize Calling and Message Delivery. 3.16: "Event Boundaries" shall mean the boundaries describing and completely enclosing a geographic area, from within which the Extracted List for the Event is to be derived. In the case -of Preplanned Events from an Extracted List, Event Boundaries may be depicted, on a Browser -Based Defined File or map, or described by street boundaries. For Dynamic Events from an Extracted List; Event Boundaries may be described by street address or intersection and radius to Event Boundary. During EPN Phase 11, Event Boundaries for Dynamic Events from an Extracted List may be represented by uploading of a' Browser- Based Defined File. 3.17 "Event Fee ". shall mean the product of multiplying the PCF by the number of thirty (30) second increments or portion of thirty (30) second increments of connect time'for each Successfully Completed Call in an Event. 3.18 "Event Launch" shall mean the initiation of Calling and Message Delivery by Qwest on behalf of and at the direction of the CUSTOMER. 3.19 "Event Management" shalt mean use of a dial -up voice or fax connection to an EPN Operator or utilization of the browser - based EPN Client deployed in a secure Intranet to view and manage an Event, including Event creation, Event monitoring, and Event termination. The CUSTOMER will have visibility to all preplanned Events and Event numbers as well as the associated voice message numbers. CDS-030926-0001/0 2003 Qwest Corporation DGM/OMR # 85759 3.20 "Extracted List" shall mean a list of telephone numbers associated with stations within the geographic -area of a Pre - planned Event or Dynamic Event which is extracted from the EPN Database' by Qwest for loading into its high volume outbound calling facilities for Calling and MessageDelivery. 3.21 ` "Extracted List Event" shall mean an Event in which the telephone numbers loaded into Qwest automated dialing facilities are from an Extracted List, as opposed to a Call List. 3.22 "Per Gall Fee" ( "PCF ") shall mean the charge associated with each thirty (30) seconds or portion of thirty (30) seconds of a CUSTOMER message and shall be based upon the actual answer -to- disconnect times measured by the network. For example, -a CUSTOMER message, and *answer -to- disconnect of thirty one (31) to sikty (60) seconds in length would, include two (2) PCFs. 3.23 "PIN Number" A CUSTOMER defined security code which will control access to the voice messaging system for the creation, deletion and maintenance of the CUSTOMER message(s). Changes in 'Access Codes and PIN Numbers submitted to Qwest by encrypted or secure Browser -Based Defined File or e- mail otherwise, shall be confirmed_ by telephone call placed by EPN Operator to CUSTOMER designated contact at CUSTOMER designated telephone number prior to being entered into Qwest —operational database. .3.24 "Preplanned Event List" shall mean an E xtracted List Event in which the Extracted List is derived from Event Boundaries developed in advance of the Event, and as opposed to boundaries being derived at the time of the Event based .upon an address and intersection and radius. Preplanned Events, are intended to involve more complex boundaries determined by multiple contiguous polygons, for example •flood plain boundaries, for' use in transmitting flash flood evacuation 'Warnings. An area .defined by multiple polygons With contiguous polygon boundaries shall be deemed a single Event for billing purposes; notwithstanding that each polygon may be assigned adifferent Call Prioritization or CUSTOMER Message. - ( 3.25 "Public Safety Agencies" shall mean those agencies which by law are responsible for the delivery of emergency services. 3.26 "Record" shall mean the information entered in the EPN Database(i) for a single Subscriber- Line. 3.27 "Retry Interval" shall mean the minimum m number of minutes that elapse between each attempt by Qwest to deliver a full or partial message to a telephone number, as' determined by the CUSTOMER. The maximum Retry Interval shall be equal to the minimum Retry Interval plus the amount of time required to dial other numbers in the retry pool., - Version 4: 09 -29 EPN - 3.28 "Simulated Event" shall mean an Event initiated by CUSTOMER for purposes of training,'testing or validation of the performance.. EPN,..involving.recording and/or. .designation. of. a .CUSTOMER message, designation of a CaII List or real -time extraction of telephone numbers to be dialed from the EPN Database,_ and Calling and .Message Delivery. Timing Simulated Events shall be coordinated between CUSTOMER and Qwest, and shall be initiated using CUSTOMER ID and Access Code designated for use only with Simulated Events. . 3.29 "Subscriber Line ". shall mean a telephone line in the EPN Database connected to a handset_ • "Subscriber Line" shall not include lines connected to payphones, lines which have been 'disconnected, facsimile lines, lines used exclusively for modem access, or other such services. Trunked lines homing to a single number or multiple lines,otherwise connecting to a single PBX shall be treated as a single Subscriber Line for purposes of this Agreement. - e 3.30 "Successful Completion" or "Successfully Completed Call" shall mean the telephone number was answered and (i) the CUSTOMER- designated message was delivered in whole, or (ii) the called station disconnects prior to CUSTOMER- designated message being delivered in whole. A call disconnected prior to CUSTOMER- designated message being delivered in whole due to malfunction of EPN or Qwest Network .shall not be deemed a "Successfully Completed Call." 3.31 . ' "Test Event" shall mean those instances in which the CUSTOMER initiates an Event for purposes of training, testing or for validation of the performance of EPN, involving recording and/or designation of a CUSTOMER message, real -time extraction of telephone numbers to be dialed from the EPN Database, but not Calling and Message Delivery. Timing of Test Events shall be coordinated between CUSTOMER and Qwest, and shall b'e initiated using CUSTOMER - ID and Access Codes designated for use only with Test Events. - QWEST RESPONSIBILITIES. . 4.1 PHASE t: . ` During Service Phase!, and continuing through.Service Phase,ll, Qwest EPN shall provide: • Initial data extraction and preparation of telephone nuinbers and addresses for specified EPN market area. • • Creation and.maintenance of each telephone number and address geographically coded in the EPN .Database. • • - • , . • "'Development and maintenance of Event Boundaries of Preplanned Events (develop and update as required by CUSTOMER modifications to polygon files encompassing areas designated by CUSTOMER as within a Preplanned Event.area, for use in creating an Extracted List upon CUSTOMER initiating a Preplanned Event based on an Extracted List). • •• Creation of Event Boundaries for Dynamic Events: • • ' Maintenance of static Call Lists developed by . • Network review including central office location and boundary and overall system capacity. • - On -going Service Order Input updates to the EPN Database based upon market area inclusion to EPN Database. ' - • - Facilities for CUSTOMER lo access 800/888 dial up number for recording CUSTOMER Messages, including capability for CUSTOMER to review and re- record CUSTOMER Message and confirm message duration'. . • - 24x7 availability. , • Real time telephone number extracts within specified Event Boundaries. . • High volume outbound calling, which shall be defined as a maximum capacity of 2,000 calls per minute and a minimum of 500 calls per minute based on a 30 second message length. • High level of security t� prevent unauthorized activation of EPN in CUSTOMER jurisdiction, including CUSTOMER ID, Access Code, and PIN. • Real time progress reports via fax or email. . - • , Coordiriation with CUSTOMER any Qwest promotional advertising to CUSTOMER jurisdiction regarding EPN which includes infomiation regarding CUSTOMER subscription to and use of EPN. 4.2 PHASE 11: • During Service Phase 11, in addition to providing;the Phase 1 service components, Qwest EPN shall provide: • Event Management via Qwest browser -based EPN client server. • EPN Initiation via Qwest_browser -based EPN client server. •' Event view via Qwest browser -based EPN client server. CDS- 030926. 0001102003 Qwest Corporation DGM/OMR # 85759 • Page 4 • Version 4: 09 -29-03 EPN 9 Real time summary reports via Qwest browser -based EPN client. • One Customer ID and Access Code: 4.3 . . Unlisted Numbers. The inclusion of non- published telephone numbers in the EPN Database will be in accordance with the then currentTegulatory requirements and other applicable law. USE Or SERVICE. - 5.1 CUSTOMER Defaults. CUSTOMER shall make the following elections, which shall apply to all Events. (a) - CDS- 030926 - 00011) 2003 Qwest Corporation DGM/OMR # 85759 - Retry Interval on no answer condition. (b) Retry Interval on busy signal;. - (b) - CUSTOMER confirms Preplanned Event number or Call List number, if applicable. (c) . CUSTOMER contacts EPN Operator by telephone or fax, or accesses EPN system via Browser -Based Defined File, and: (c) Message delivery to answering devices. (d) Called party options to repeat message. 5.2 Preplanned Events. CUSTOMER shall provide Qwest with the parameters for each Preplanned Event, in advance, including: (a) Event Boundary. _ (b) Individual polygon parameters within the Event Boundary. (c) Assignment of a prioritization number to each polygon within an Event, Boundary for a Preplanned Event. . 5.3 Dynamic Events. CUSTOMER shall provide Qwest with a street addressor intersection designation and radius, in feet or miles, to Event Boundary. 5.4 ' Call List Events. CUSTOMER shall create and designate the Call List file to be used. 5.5 All Events. in initiating Events, whether a Preplanned Event, Dynamic Event or C all List Event, CUSTOMER shall activate EPN in the following manner: (a) CUSTOMER records, message and assigns CUSTOMER. Message number (0-99) or confirms pre- recorded,message and,CUSTOMER Message number (0 -99). , (d) Provides Access Code. (e) Provides PIN Number. (f) . Identifies 'type of Event (Pest Event, Preplanned Event, Dynarnic Event, Simulated Event or Call list Event ). - ' (g) Identifies Message Number. . - (h) Identifies Preplanned Event number, Call List number, provides' street address or intersection designation and radius to Event Boundary, or uploads via Browser- Based Defined File,with Event Boundaries applied. • (i) Authorizes commencement of Calling and Message Delivery after EPN Operator • - identifies quantity of -Records in Call List or Extracted List., Page 5 Version 4:09 -29 -03 EPN 6... EPN SERVICE.. CHARGES PRICING.. 6.1 Nonrecurring charge: (a) Nonrecurring charge of twenty two thousand eight hundred dollars ($22,800.00) for Service installation, including development and maintenance of EPN Database for CUSTOMER jurisdiction, development and maintenance of up to ten ,(10) Preplanned Event List, up to ten (10) Call Lists, and security list. The, nonrecurring charge will be Invoiced on the , first billing, cycle following the acceptance of the service by the CUSTOMER, following a successful EPN Simulated Event, which meets or exceeds the service parameters set forth in Section 7 of this Agreement ( "Service Parameters "). (b) Nonrecurring,charge of Five Hundred Dollars ($500) for development and maintenance of each additional Preplanned and Call List. The nonrecurring additional Preplanned Event or Call List Event Fee will be invoiced on the first billing cycle following the establishment of the Preplanned Event -or Call List Event by the CUSTOMER. • 6.2 Recurring Charge: Monthly recurring charge in the amount of thirty -four cents ($0.34) per month per ten (10) Subscriber Lines. Any fraction of ten ( -10) ,Subscriber Lines will be rounded up to the nearest tenth. The - recurring monthly rate will be invoiced no later than the 30 day of each, month and submitted to the CUSTOMER for payment within thirty (30) business days of the date of the invoice.. 6.3 Event Fee: ' (a) The Event Fee,will be invoiced on the first monthly billing cycle following the initiation of an Event by the CUSTOMER. CUSTOMER will be assessed a per call fee cf $.23 per each thirty,(30) seconds of connected time'on calls associated with. each • Event. This cost is based on the actual number of Successfully Completed Calls during the Event. (b) The Event Fee_will not be applied to Test Events (in which no calling occurs). 7. , PARAMETERS. - 7.1 "The interval between EPN Initiation and Event Launch shall not exceed five (5) minutes absent system and network malfunction. • 7.2 " The Outbound Calling Rate Will be deterrnined by the number of ports (possible simultaneous calls), length 'of CUSTOMER message, and interval between disconnect of a call on a port.and dialing of the successive call on that port. . 8. TAXES. , Customer shall pay Qwest all applicable taxes, usual and customary surcharges and all government' imposed fees and charges that relate to the Service or installation rendered hereunder_ 9. - 'TERMINATION. 9.1. Either - Party may terminate this Agreement for Cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other Party and such cause is not corrected or undertaken to be corrected and pursued in a timely and good faith effort within such thirty (30) day period. Cause is any material breach of the terms of this Agreement. - 9.2. / If CUSTOMER terminates this Agreement without cause, or if Qwest terminates this Agreement for cause prior to the expiration of the term of this Agreement, CUSTOMER will remit to Qwest a one -time fee consisting of any outstanding fees and the current month EPN'charge. - • - 9.3 if Qwest terminates this'Agreement without cause, or if CUSTOMER terminates this Agreement for cause prior to the expiration of the term of this Agreement, " Qwest shall refund to CUSTOMER a pro rata portion of the monthly recurring charge(s) paid for the remaining portion of the term of this Agreement. - - 9,4 Qwest reserves the right to modify the terms of this Agreement in order to comply with regulatory or .other legal requirements. 10. MAINTENANCE. 10.1 - PREPLANNED EVENT BOUNDARIES AND CALL. LIST MAINTENANCE. During Phase 1; Qwe will provide maintenance for Event Boundaries for Preplanned Events and Call Lists_ As CUSTOMER CDS•030926- 0001/0 2003 Qwest Corporation Page 6 - Version 4:.09 -29 -03 DGW0MR 85759 - EPN -4 notifies Qwest of changes to their specific Event Boundaries.for Preplanned Events or Call Lists, Qwest will modify the Event Boundaries for .Preplanned .Events..:or...Call . Lists and retisrn street .. level reaps with. the overlaid boundaries 'to CUSTOMER for approval. Implementation will occur at the time Qwest enters the modifications. Qwest will enter modifications within five (5) days of receipt of CUSTOMER approval for Event Boundaries for Preplanned Events and within one (1) day of receipt of CUSTOMER approval for Call Lists. During Phase II, CUSTOMER will provide . Event Boundaries for Preplanned Events and Call List maintenance via the Browser -Based Defined File. Implementation of changes pertormed during such maintenance will occur at the time CUSTOMER enters the 10.2. MARKET AREA TELEPHONE NUMBER /ADDRESS MAINTENANCE. Qwest will insert,- change or :delete, and geo -code as appropriate; telephone number and address records within ,an EPN market area as service orders within the market area are received. 10.3 USE OF GEOGRAPHIC INFORMATION SYSTEM DATA. If CUSTOMER elects to provide Geographic Information System ( "GiS ° ) data, such data shall be provided in the manner described by' Attachment 2. CUSTOMER grants to Qwest and its subcontractors permission to use CUSTOMER's•GIS data (i)_to verify and update the EPN street network database and (ii) to use such data as otherwise may be required for use in connection with the provision of Service. 10.4 SECURITY MAINTENANCE. Qwest will use its best efforts to ensure a high degree of security will be implemented throughout the entire Service network• to maintain service integrity in accordance with the . terms and conditions of this Agreement. 11. LIMITATION OF LIABILITY. QWEST WILL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT. NOT LIMITED TO ANY LOSS OF USE, 'LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS PROVIDED IN THIS AGREEMENT, ANY QWEST LIABILITY TO .CUSTOMER FOR rN•( DAtoAGES OF ANY KIND Ui'i ✓ER- THIS AGREEMENT WILL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT -OF- SERVICE CREDIT. THE OUT -OF- SERVICE CREDIT WILL BE THE DAILY PRORATION OF THE MONTHLY RECURRING CHARGE, WITH A MAXIMUM OF 30 -DAYS. REMEDIES UNDER THIS AGREEM ENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. 12. NO WARRANTIES. , EXCEPT AS DETAILED ELSEWHERE IN THIS AGREEMENT, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 13. INDEMNIFICATION. CUSTOMER has sole responsibility for ensuring that any determination of an Event by . the emergency management officer from the community falls within Federal guidelines for the use of autodialers. CUSTOMER.shall indemnify and ,hold harmless Qwest, its - parent, subsidiaries, affiliates their 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 CUSTOMER'S initiation of an Event via telephone to +:west that does not fall within Federal guidelines for the use of autodialers. Indemnification shall include, but is not limited to, costs and attorney's fees. Qwest relies solely 'on CUSTOMER to • . determine what'constitutes an emergency. Therefore, CUSTOMER agrees to provide the same . indemnification referenced above for any non - emergency use of Service: . . 14. CONFIDENTIALITY'. 14.1 All information. associated with Qwest .provisioning of. Service shall be treated as Confidential Information. "Confidential Information" means all information reasonably related to the Service provided hereunder.which CUSTOMER first receives from Qwest: (i) in documents'or other tangible materials clearly, marked CONFIDENTIAL or the like, or jii) orally or in any other intangible' form, if at the time of first disclosure Qwest tells CUSTOMER that the information is confidential, and within ten (10) calendar days after that first disclosure Qwest delivers to CUSTOMER documents' or other tangible materials clearly marked CONFIDENTIAL or the like which disclose or describe that information. 14.2. Confidential Information" does not include information which: (1) is already known to CUSTOMER; - (i) is or becomes publicly known or readily ascertainable by the public through no wrongful act of CUSTOMER; (iii) is independently developed by or for CUSTOMER; (iv) is received by CUSTOMER from a third party, if CUSTOMER does not know of any restrictions on the disclosure of that information; (v) Qwest CDS- 030926-0001/0 2003 Qwest Corporation Page 7" - Version 4: 09 -29 -03 DGM/OMR # 8575.9 . EPN 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. -14.3. Sole Obligations. For a period of thirty =six_ (36) months from receipt of the Confidential information, CUSTOMER will use reasonable efforts to' prevent the disclosure of Confidential_ Information to any other person. Either Party may disclose the other Party's Confidential Information to its affiliates and contractors, if the Confidential Information so disclosed remains subject to this Agreement and CUSTOMER remains liable for any unauthorized disclosures by its affiliates and contractors. All Materials containing Confidential Information delivered by Qwest under this Agreement are and will remain QWEST .property. At Qwest's written request, CUSTOMER will promptly retum to Qwest all those 'materials and any copies, except a single archival' copy. ' ,14.4. Publicity. Neither Party shall, without the prior written consent of the other Party: use the name, trademarks or other proprietary identifying•syrnbol of the other Party or its affiliates. Such consent by Qwest may be given only by Qwest's Chief Marketing Officer or his designee. Any purported consent by any other person, including any Qwest sales or customef service representative, is void and of no effect. 15. 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. ' 16. 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 Servicels provided. 17. 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 employees, agents or 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. 18. GENERAL PROVISIONS. 18.1. Failure or delay by either Party to exercise any right, power, or privilege hereunder, will not operate as a waiver hereto. • 182. ' This is a retail end user contract. It may be assigned mil/with the consent of Qwest. CUSTOMER may not assign to a reseller or a telecommunications carrier under any circumstances. 18.3. This Agreement benefits CUSTOMER and Qwest. There are no third party_ beneficiaries. 18.4. _If a Party returns this Agreement by facsimile machine, the signing Party intends the cqpy of this authorized signature printed by the receiving facsimile machine to be its original signature. 18.5. This Agreement constitutes the entire understanding between CUSTOMER and Qwest with respect to Service provided herein and supersedes any prior agreements or understandings. • . 18.6 Notwithstanding any provision in this Agreement to the contrary, Qwest's liability to CUSTOMER and - to third parties and Qwest's obligation to indemnify and hold harmless CUSTOMER shall be governed by the Minnesota Exchange and Network Services Tariff, Minnesota Exchange and Network Services Catalog, and Minnesota.Exchange and Network Services Price List, as they may be arnended or replaced from time to time.' CDS- 030925-0001/9 2003 Qwest Corporation Page 8 DGNU0MR# 85759 i7L3 Version 4: 09 -29 -03 EPN . 19. NOTICES. .Any notices.. under... this Agreement.. shall be delivered personally .. or mailed to the respective:... parties by registered or certified mail, retum receipt requested, at the following respective addresses: Pat Gf0, 1300 Name Typed or Pribded Mayor Title Date City of Eagan Authorized Signature l riv ck POefs Name Typed or Printed City Clerk Title 6, () D e To Qwest: To Customer,: With a Copy to: CDS - 030926 - 0001/0 2003 Qwest Corporation Qwest Corporation . 1801 Califomia Street Denver, CO 80202 City of Eagan Attn: City Clerk 3830 Pilot Knob Road Eagan, MN 55122 Michael G. Dougherty, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 20. EXECUTION. The parties hereby execute and authorize this Agreement as of latest date shown below. i f,, ()west Coro o f P j/ . i r i,�,/ f ure Authoriz'gnature City of Eagan Authorize 1• ip Name Typed or Printed Director of Offer Management Title c\ 61u3 Date Page 9 Version 4: 09 -29-03 DGM/OMA * 85759 • EPN L7L ATTACHMENT 1 Qwest Emergency Preparedness Network Service REAL TIME REPORTS (INTERVAL SUMMARY REPORTS) Qwest will provide a Summary Report Event Call record to CUSTOMER at specified time intervals during the Event as follows: Outbound calling initiated: Time and date Summary reports generated at 30 minute intervals will be delivered to CUSTOMER or if the Event does not exceed 30 minutes within 60 minutes from the conclusion of the Event. These interval Summary Reports will include: • Date and time at which the event began. • Date and time at which the event ended. • Event number. • Voice message number. • Total number of extracted telephone number records involved. • Event message connection attempts made. • Total number of full notifications made to actual persons_ • Total number of partial notifications made to actual persons. • Total number of full notifications made to answering machines or voice mail systems. • Total number of partial notifications made to answering machines or voice mail systems. • Total number of unsuccessful notification attempts that occurred because the line called was busy. • Total number of unsuccessful notification attempts that occurred because no connection /answer occurred. Qwest will provide a Detail Report Event Call record to CUSTOMER at specified time intervals during the Event as follows: Outbound calling initiated: Time and date Detail reports generated in an electronic format no later than 6:00 p.m. Mountain Time (MT) the next business day following an Event. Detail Reports include the following information for each telephone number that a connection attempt was made during the EPN Event: • Telephone. Number. • Event number. • Voice message number. • Date and time at which the final notification attempt was made. • Length of the final notification connection attempt. • Total number of connection attempts that were made. • Indication of a full notification being made to an actual person. • Indication of a partial notification being made to an actual person. • Indication of a full notification being made to an answering machine or voice mail system. • Indication of a partial notification being rnad an answering machine or voice mail system. • indication of the notification call not being delivered because the line called was busy during all of the connection attempts. • indication of the notification call not being delivered because no connection /answer occurred. ® 2001 Owest Corporation Page 1 Version: 05 -16-01 ' EPN ATTACHMENT 2 Qwest Emergency Preparedness Network Service CUSTOMER GIS INFORMATION 1. INTRODUCTION: The following details the GIS information needed in order for CUSTOMER provided GIS data to be utilized and incorporated into Service. All parties will agree to the frequency and methodology and file transfer specifics of this data. In those instances where a customer supplies their GIS information . and on -going updates, this data will be utilized to aid in the verifying and updating of the required street network database to support EPN (GDT Dynainap). 2. DATA FORMAT. GIS data should be in an acceptable industry standard GIS format, which can be read by Qwest systems. Acceptable format include ArcI nfor, ArcView, Mapinfo, GGM Export, TIGER, DIME, ADS,AMS, DFAD, DXF (AutoCAD), ETAK, GIRAS, IGDS, IGES; MIADS, MOSS, SDTS, SLF, and VPF formats. 3. STREET CENTERLINE FILE. The street centerline file should include street name and address information on individual segments. The street address information should be in the form of low and high ranges for both the left and right side of each segment. INDIVIDUAL PARCELS. An alternative to a street centerline is for individual address to have locations in GID format. This might exist for a parcel -based GIS system. The file delivered to Qwest should have the parcel centroid or equivalent X/Yfor the location of the address. Individual addresses require a single house number, street name, and 9 -1 -1 community code. While individual address points can be used, it is still preferred that a street centerline file tie provided if possible. 5. 9 -1 -1 COMMUNITY LAYER. A polygon Layer which depicts the 9 -1 -1 Community boundaries, as depicted in the MSAG. Each street segment or individual parcel should have the corresponding . 9 -1 -1 community attribute assigned. For example, when one points to a street segment on Lookout Road, it would have the value of "BOULDER" for both the left and right side of the segment. ' 6. MSAGCOMPATIBILITY. Besides having the same fields as the MSAG, the GIS file used should be current with the current MSAG.. A good indicator that all of the above requirements are being met is if the GIS file is being presently used by the county to update their own MSAG. 7. RIGHTS TO USE. Purpose is limited to the geo- coding of all the telephone numbers, published and non - published, within the CUSTOMER's municipal or other geographic related to the delivery of Service. ® 2001 Quest Corporation Page 1 Version: 05.16-01 EPN 1 EXHIBIT "13" FEE SCHEDULE FOR EMERGENCY PREPAREDNESS NETWORK SERVICE AGREEMENT 1. Flint Hills shall be responsible for the following fees: Start-up Fees. Flint Hills shall reimburse the City the sum of $22,800.00 as and for the start-up fees incurred by the City in relation to the Master Agreement. • Legal Fee/Implementation Fees. Flint Hills shall reimburse the City for the following described costs associated with preparing this Agreement: a. City's Legal Fees, but not to exceed $5,000. b. The parties do not anticipate any other implementation fees hereunder, but any such other implementation fees would be subject to the mutual agreement of the parties, following a good faith review by the City and FIint Hills. • Monthly Fee. Flint Hills will be charged a monthly fee of $918.00, which represents its proportionate share of the City's charges under the Master Agreement. . • Event Fee. Flint Hills will be assessed a per -call fee of $.23 per each thirty (30) seconds of connected time on calls associated with each Event. This cost is based on the actual number of Successfully Completed Calls during the Event. The Event .Fee will be invoiced on the first monthly billing cycle following the initiation of an Event by Flint Hills. • Miscellaneous. Flint Hills acknowledges that the Event Fees and monthly fees are subject to price increases based on the Master Agreement. • Training Fees (Intrado). Flint Hills shall xeimburse City (or pay Intrado directly, if so agreed by the Parties) for the costs relating to training services provided by Intrado to Flint Hills personnel pertaining to activities hereunder in an amount not to exceed $5,000, unless approved in advance by Flint Hills. Agenda Memo December 6, 2004 L. PUBLIC WORKS COMMITTEE — SUMMIT PASS ACTION TO BE CONSIDERED: Adopt the Public Works Committee recommendation and approve a 25 MPH Speed Limit posting for Summit Pass. FACTS: • Residents of the Summit Pass neighborhood had requested the City to address their concerns regarding the volume and speed of traffic on their local residential street located off Stonecliff Dr. south of Cliff Rd. • In response to this request, the Engineering staff performed several traffic studies in this area. The results did not document any significant speed or volume issues that warranted any modifications to current conditions. • Neighborhood representatives appealed the staff's position to the City Council who then referred it to their Public Works Committee for further review and recommendations, if any. • The Public Works Committee met on July 20 and Nov. 16 to review all initial and follow up verification study information. The results of 2 different speed studies indicated that the 85 percentile of the 320 + /- vehicles on Summit Pass was 27.9 — 28.6 MPH. At the Nov. 16 meeting, the PW Cmte agreed to forward on to the Council a recommendation that the current 30 MPH Speed Limit on Summit Pass be reduced to 25 MPH as qualified under State Statute with Council approval. • The PW Cmte also directed the neighborhood to review other available options suggested by the PW Cmte and report back when they could obtain a full consensus and willingness to finance 100% of all potential costs for further consideration by the PW Cmte. ISSUES: • With the limited resources of the Police Department and limited judicial support for minor infractions (i.e. speeding less than 5 to 10 mph over the speed limit), it is not expected that the speed limit reduction to 25 mph on Summit Pass would generate the severity or number of violations that could support any significant or continuous enforcement activity. Resident expectations may not be satisfied without increased enforcement activity. • City staff has received numerous past similar requests for 25 mph speed limits on residential streets. Upon the Council's approval of the Summit Pass request, it should be anticipated that additional requests will be received. ATTACHMENTS: • Location Map, page 49 11,111 4 4 7 4/1 17 .4 J 1. City of Eagan Petitiioner S eed Bumps - Summit Pass 7/21/04 INN 1563 LANCASTER LN. 673 1557 4613 4619 4625 631 4637 4643 64 5 5 O\Russ\SUMMIT_PASS_PE 0 m U 4672 Petitioners TRAIL 4625 4653 • S TONEC F E DR. C/) a. 0) 4619 N ORTH m rur r itja1111, rr ar ty ,, m .° 4623 0 1569 0 4616 22 28 CLIFF ROAD Agenda Memo December 6, 2004 City Council Meeting CONSENT AGENDA M: APPROVE hiring Encompass, Inc as engineering consultant to prepare plans and specifications for repair work at Cascade Bay. ACTION TO BE CONSIDERED: Approve the hiring of Encompass, Inc as the engineering consultant to prepare plans and specification for the pool repair work at Cascade Bay. FACTS: ISSUES: • At their September 21 meeting the City Council authorized that plans and specification be prepared to complete the needed pool repair work at Cascade Bay. • Encompass, Inc is the engineering firm familiar with the deficiencies associated with Cascade Bay, having prepared the report related to the construction related problems. • Encompass will prepare specifications, plan views, elevation views, quantity estimates and details required for the repair work to begin. • Fees for this work will be on an hourly basis and are estimated at approximately $8,800, which would be paid from the Cascade Bay operating budget unless the Council directs otherwise. • Approval of the plans and specifications and authorization to seek bids will be presented to the Council in January with the contract award projected for mid - February. • The preliminary schedule for award of contract and construction completion is such that all work is to be completed to allow the pool to open as scheduled for the 2005 season. • If there are specific questions regarding this item they should be deferred to executive session because of pending litigation. • None Agenda Memo December 6, 2004 City Council Meeting CONSENT AGENDA N: APPROVE the 2006 Fee Structure for the Eagan Community Center. ACTION TO BE CONSIDERED: Approve the Eagan Community Center 2006 Fee Schedule as presented. FACTS: • The City Council previously reviewed the proposed 2006 fee schedule as part of the 2005 Eagan Community Center budget review. • Fees are set early to respond to rental reservations that can be made 12 -18 months in advance. • The fee schedule is designed to capture the banquet and meeting space market while providing moderately priced rental space options for residents. ATTACHMENTS: • Recap of proposed 2006 fee structure. - sa ` 3 ISSUES: • None s � r > 2003 Rates 2004 Rates 2005 Rates 0 6 o`posed Resident 13.32 13.32 16.00 . 2fl 00 Non - Resident 17.31 17.31 20.00 ,A Reduced Rate (w/ banquet rental) 10.65 10.65 12.00 �SOp Rental Prices and Proposed 2006 Rates All Prices Are Per Hour Unless Otherwise Noted * These Items Require a Two Hour Minimum Rental For 2006, All Oaks, Boardroom and Meeting Room Rentals Will Include High Speed Internet S.� 2003 Rates 2004 Rates 2005 Rates 0 6 o`posed Sun -Thur 8:OOam - Noon 100.00 100.00 100.00 ¢ 5 Sun -Thur 8:OOam - Noon 200.00 200.00 200.00 00 Sun -Thur 1:OOpm - S:ODpm 200.00 200.00 200.00 �SOp Sun -Th Full Day Sun - Thur 6:OOpm - 11:OOpm 250.00 250.00 250.00 13 Sun -Th Full Day 600.00 600.00 600.00 Friday Full Day 600.00 600.00 800.00 ;x900 0 Saturday Full Day 700.00 800.00 1,100 00 >` 00 00 Rental Prices and Proposed 2006 Rates All Prices Are Per Hour Unless Otherwise Noted * These Items Require a Two Hour Minimum Rental For 2006, All Oaks, Boardroom and Meeting Room Rentals Will Include High Speed Internet S.� Sun -Thur 8:OOam - Noon 100.00 100.00 100.00 ¢ 5 Sun -Thur 1:OOpm - 5:OOpm 100.00 100.00 100.00 0 Sun - Thur 6:OOpm - 11:OOpm 100.00 100.00 100.00 10.00 Sun -Th Full Day 200.00 200.00 200.00 30.00 Rental Prices and Proposed 2006 Rates All Prices Are Per Hour Unless Otherwise Noted * These Items Require a Two Hour Minimum Rental For 2006, All Oaks, Boardroom and Meeting Room Rentals Will Include High Speed Internet S.� Resident (one room) 10.65 10.65 12.00 0 Non - Resident (one room) 13.85 13.85 15.00 . �= Reduced Rate (one room w/ banquet rental) 8.52 8.52 10.00 X00 Resident (all three rooms) 29.29 29.29 30.00 5 00 Non - Resident (all three rooms) 38.08 38.08 40.00 Reduced Rate (three rooms w/ banquet rntl) 23.43 23.43 25.00 Resident 3 -Room Maximum 106.50/8hr day 106.50/8hr day 120.00/8hr day � d Non - Resident 3 -Room Maximum 138.45/8hr day 138.45/8hr day 150.00/8hr day a y Reduced Rate 3 -Room Maximum (w /banquet) 85.20/8hr day 85.20/8hr day 90.00 /8hr day0�t$ hry Rental Prices and Proposed 2006 Rates All Prices Are Per Hour Unless Otherwise Noted * These Items Require a Two Hour Minimum Rental For 2006, All Oaks, Boardroom and Meeting Room Rentals Will Include High Speed Internet S.� Blrkh ail�f :.... 3 Standard Blast Package 117.50 117.50 117.50'm_ 1,F4250.00/ Blast Additional Guest (each) 11.75 11.75 11.75 r 12 00 Teen Center- Package One not applicable 120.00 120.00 2 0 . Package One - Additional Guest (each) not applicable 12.00 12.00 Patio Teen Center - Package Two not applicable 150.00 150.00 15.00 Package Two - Additional Guest (each) not applicable 15.00 15.00 'F 15 Ql � y1 I Atrium 250.00 /flat fee 250.00 /flat fee 250.00 /flat fee 1,F4250.00/ Kids Kare* 25.00 25.00 25.00 0 l Gazebo 50.00 50.00 50.00 t ; 50t Band Shell 50.00 50.00 50.00 = 00 Patio 50.00 /flat fee 50.00 /flat fee 100.00 /flat fee 1 .00 aat f JP, WgkiliiV Athletic Associations 25.00 25.00 25.00 .gip# Athletic Associations/ Tournament Fee 500 /day 500 /day 500 /day 0 l Private Rentals 50.00 50.00 50.00 00 2003 Rates 37.28 Resident Non - Resident 48.46 2004 Rates 37.28 48.46 2005 Rates 45.00 55.00 ar Resident Non - Resident 37.28 48.46 37.28 48.46 45.00 55.00 0 Blasi =l Standard Rate Reduced Rate (w/ 8hr banquet rental) 150.00 100.00 150.00 100.00 150.00 100.00 0 All Prices Are Per Hour Unless Otherwise Noted * These Items Require a Two Hour Minimum Rental For 2006, All Oaks, Boardroom and Meeting Room Rentals Will Include High Speed Internet Full Full Room Resident 37.28 37.28 45.00 .gip# Full Room Non - Resident 48.46 48.46 55.00 Half Room 24.23 24.23 28.00 Reduced Rate (w /banquet rental) Full Room 29.82 29.82 30.00 Reduced Rate (w /banquet rental) Half Room 14.91 14.91 15.00 15.00 2003 Rates 37.28 Resident Non - Resident 48.46 2004 Rates 37.28 48.46 2005 Rates 45.00 55.00 ar Resident Non - Resident 37.28 48.46 37.28 48.46 45.00 55.00 0 Blasi =l Standard Rate Reduced Rate (w/ 8hr banquet rental) 150.00 100.00 150.00 100.00 150.00 100.00 0 All Prices Are Per Hour Unless Otherwise Noted * These Items Require a Two Hour Minimum Rental For 2006, All Oaks, Boardroom and Meeting Room Rentals Will Include High Speed Internet Agenda Information Memo December 6,2004 Eagan City Council Meeting Consent Agenda O. DIRECT the Advisory Planning Commission to hold a Public Hearing on December 28, 2004 to Consider a Draft Amendment to City Code Chapters 11 & 13 Regarding Mailed Notices. ACTION TO BE CONSIDERED: To direct the Advisory Planning Commission to hold a Public Hearing on December 21, 2004 to consider a Draft Amendment to City Code Chapters 11 & 13 Regarding Mailed Notices. FACTS: ➢ The City Council previously discussed means of notifying affected neighbors when certain business items are continued. Councilmembers have indicated a desire to have this item considered for possible modification of current standards. ➢ The issues about which this issue has been raised in the past have typically been development applications, the notices for which are prescribed in Chapters 11 and 13 of the City Code. The Code requires that amendments of these chapters be considered through a public hearing at the Planning Commission. As such the action being requested is direction of the matter to the APC meeting on December 21, 2004. ➢ In the past, the City has relied on a single mailed notice to property owners within 350' of the subject property for the initial public hearing before the APC and the tentative meeting date for City Council consideration and, if an item is continued at any level, the City has relied on the interested property owners to refer to agendas published in the newspaper or the City website to determine when the item would be heard. When a neighborhood spokesperson(s) can be identified, the City has also contacted those persons by phone to update them on the continuance and relied on them to communicate with other interested property owners. Notices for a project may range from a dozen to one hundred or more depending upon the location and scale of the project. ➢ The APC will be advised of the issues the Council has raised in this regard as part of the background for their consideration and recommendation. ➢ In addition to development applications, the City also mails notices for public improvement hearings and special assessment hearings to all property owners affected by such projects, which may be 500+ properties. While such hearings are not covered by the zoning and subdivision codes, the APC will be asked to comment regarding the advisability of applying similar standards to all noticed actions. ➢ The City Attorney is advising that the costs of mailed notices in addition to those required by statute would be the responsibility of the City, rather than the developer. ATTACHMENTS: None S31. Agenda Information Memo December 6, 2004, Eagan City Council Meeting P. CONTINUE CONSIDERATION /ACTION ON THE CEDARSTONE AND MCDONALD REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT REQUESTS. ACTIONS TO BE CONSIDERED: To continue consideration of the Rezoning, Preliminary Subdivision and Preliminary Planned Development for the Cedarstone project located at 1055 Wescott Road and to continue the Rezoning request for the McDonald property located at 1085 Wescott Road. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: > The attorney representing the Cedarstone Development has indicated a desire to continue the Cedarstone and McDonald development (they are working together on a master plan). > At the time of this cover sheet Staff has not received a letter confirming the request. > Subsequent to the City Council action Monday night, Staff will mail out notices to the surrounding neighbors indicating the City Council date these items will be considered. 60 DAY AGENCY ACTION DEADLINE > December 21, 2004 — Cedarstone > December 13, 2004 - McDonald ATTACHMENTS (0) Agenda Information Memo December 6, 2004 Eagan City Council Meeting A. Proposed Budget and Property Tax Levy for 2005 — Truth -In- Taxation Hearing ACTIONS TO BE CONSIDERED: 1) To close the public hearing and set the 2005 General levy and General Fund budget considerations for the December 13, 2004 City Council meeting. 2) To close the public hearing and set the 2005 Cedarvale Special Services District levy and budget considerations for the December 13, 2004 City Council meeting. FACTS: • The State requires cities over 2,500 in population to hold a Truth -in- Taxation public hearing on their proposed budget and tax levy for next year. • Parcel specific notices were mailed by the County to Eagan residents in mid - November. • A notice of this hearing was published in the Eagan This Week and Dakota County Tribune newspapers. It invited property owners to attend this hearing and/or send written comments. • Hearings for both the general levy and the Cedarvale Special Services District levy are to be conducted. • If the City Council wishes to conduct a continuation hearing, such a hearing would be held December 13. • The City's final levy and budget will be adopted at the December 13 regular City Council meeting. • The City Administrator will make a PowerPoint presentation. ATTACHMENTS: PUBLIC HEARINGS • Enclosed without page number are: o 2005 General Fund Budget and Property Tax Levy handout that will be made available to all in attendance at the public hearing o Tentative PowerPoint slide presentation. The City Administrator will review for possible revisions on Monday. • Enclosed on page s9 is a handout on the Cedarvale Special Services District that will be made available at the public hearing as well. Cedarvale Special Services District Truth -in- Taxation Public Hearing December 6, 2004 Eagan Municipal Center The Cedarvale Special Services District was established in 1995 in response to Cedarvale shopping area property owners' requests for signage and grounds enhancements. Taxes under this District are levied only against those Cedarvale business properties within the District. 2005 Budget The City is proposing the same services as 2004. Sign maintenance (primarily electricity for lighting) and turf maintenance for the Cedarvale shopping center are the two services provided. The proposed budget represents a 33% increase over the previous year, primarily because electricity costs on the sign increased significantly in 2003, but were not accounted for in the 2004 budget: Sign maintenance $ 898 $ 300 $ 1,100 Turf maintenance 3,158 3,000 3,300 Total $ 4,056 $ 3,300 $ 4,400 2005 Levy Actual Budget Proposed 2003 2004 2005 Despite the budget increase, the City is proposing the same levy amount as last year, $2,000. Because of lower than expected expenses in prior years, a fund balance approaching $10,000 has accumulated in the Cedarvale Special Services District Fund. The levy is set at an amount that spends down some of the fund balance. Tax revenues Actual Budget Proposed 2003 2004 2005 $ 2,312 $ 2,000 $ 2,000 S� Agenda Information Memo December 6, 2004, Eagan City Council B. VARIANCE — ERIK CHRISTENSON ACTION TO BE CONSIDERED: To approve a 5.2 -foot Variance to the minimum 30 -foot structure setback from a public right -or- way for a garage and house addition on property located at 3637 Crestridge Court, legally described as Lot 2, Block 1, Buffer Hills, in the SW 1 /4 of Section 15. FACTS: • The applicant would like to construct an addition to the front of his home, 24.8 feet from the front property line on Crestridge Court. • The Zoning Ordinance requires a 30 -foot setback for buildings abutting public rights -of -way. • The proposed addition includes extending the structure to the front of the existing tunckunder garage. The addition will have a two -stall garage on the ground level, and an attic room with a gable roof above. • The addition will result in a total garage area that is two stalls deep and two stalls wide. • While the applicant's goal is to add more garage space for vehicle storage, doing so creates the opportunity to update and enhance the overall appearance of the home. • The other proposed architectural improvements to the home include adding a gable roof element above the upper level window, creating a covered entry porch, adding a standing seam metal roof above the entry porch which extends over the new garage, and updating the exterior with shakes, stone and siding. • The elevation plan indicates a coherent and updated appearance of the home. • The proposed addition satisfies the 20% maximum lot coverage and the 25% impervious surface coverage standards. • The applicant's estimate of hardship is the existing placement of the house on the lot. It appears that the placement of the home was dictated by the topography and trees on the property. • These conditions of the land are unique to this lot and do not apply generally to other single - family lots. ISSUES: • The existing gravel driveway should be paved with the construction of this garage addition, and the existing shed be modified to conform to zoning standards for appearance to match the remodeled home. ATTACHMENTS (1): a Variance Report, pages S" through 79 Correspondence from neighbor, page 2/ sg REPORT DATE: November 30, 2004 APPLICANT: Erik Christenson PROPERTY OWNER: Erik Christenson REQUEST: Variance LOCATION: 3637 Crestridge Ct. COMPREHENSIVE PLAN: LD, Low Density ZONING: R -1, Single- Family Residential SUMMARY OF REQUEST PLANNING REPORT CITY OF EAGAN CASE: 15- VA- 18 -10 -04 HEARING DATE: December 6, 2004 APPLICATION DATE: October 29, 2004 PREPARED BY: Pamela Dudziak Erik Christenson is requesting approval of a 5.2 -foot setback Variance to the required 30 foot setback from a public right -of -way for a garage addition and remodeling of his existing home located at 3637 Crestridge Court, legally described as Lot 2, Block 1, Buffer Hills, in the SW 1/4 of Section 15. 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. sy Variance Report — Christenson December 6, 2004 Page 2 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. 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. The property is located within the Shoreland Overlay District of Fish Lake, a general development waterbody. The Shoreland Ordinance establishes standards for development which are to be applied in addition to the underlying or base land use zoning, in this case R -1 (Single - Family Residential). Because this lot does not directly abut the lake, many of the shoreland standards do not apply to this proposal, however, the maximum impervious area of 25% does apply. BACKGROUND /HISTORY The existing home was constructed in 1967 and the property was platted in 1979. The lot is 23,126 sq. ft. in area. EXISTING CONDITIONS The rear of the lot abuts Pilot Knob Road on the west. Access to the property comes from Crestridge Court to the east. The lot slopes down from the west to the east. There is a retaining wall in the rear yard about 15 feet from the house. The existing house has a two -stall tuck - under garage. The driveway is gravel. There is a 144 sq. ft. shed in the side yard north of the house. The existing shed is non - conforming as to exterior materials, which do not match the principal structure. EVALUATION OF REQUEST Proposal — The applicant is requesting a front yard setback variance to allow for the construction of an addition to a single - family dwelling on property zoned R -1 (Single - Family). The applicant proposes to extend the existing garage to the front 20 feet. The resulting total garage space will be two stalls deep and two stalls wide. An attic room with a gable roof will be constructed above 60 Variance Report — Christenson December 6, 2004 Page 3 the new garage addition. A gable feature also will be added above the other upper level window on the house. A standing seam metal roof will be added over a new entry porch and will extend over the new garage. This new roof element separates the facade and creates defined areas for the use of varied exterior materials — cedar shakes, stone and siding. The elevation plan indicates the proposed addition, along with these other architectural changes, will result in a coherent and updated architectural appearance of the home. With these improvements to the structure, the driveway should be similarly improved with a paved surface of bituminous asphalt or concrete, and the existing shed should be modified to meet zoning standards for appearance consistent with the remodeled principal structure. Setbacks /Lot Coverage — The existing single family dwelling maintains a more than 50 foot setback from Pilot Knob Road and a 45 foot setback from Crestridge Court. The Zoning Ordinance requires a 30 foot setback for buildings abutting public rights -of -way,, and 50 feet from a county right -of -way. The proposed building setback from Crestridge Court is 24.8 feet, which is measured from the south front corner of the garage. The north corner of the proposed garage will meet the required 30 foot setback. According to the survey submitted by the applicant, the proposed addition will meet the maximum 20 percent building coverage standard. With both the new addition, and a paved driveway, the proposal results in less than the maximum 25% impervious coverage. 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 Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. The area of the subject site is 23,126 square feet. While the existing home complies with the minimum front yard setback, its placement and orientation on the lot and relative to the street created the difficulty for the proposed addition. It appears that the original placement of the home was dictated by the topographic features of the land and location of trees. There are several large trees off the northeast corner of the house, one to the side of the garage, and retaining walls to the north and west of the home. 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 and the Planned Development. That is, the purpose of the building setback provision is to provide open space. Since the request is to reduce the front yard setback to less than the 30 -foot minimum, it appears to be contrary to the intent of the ordinance. 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 and living space addition. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as others on this street and 6 / Variance Report — Christenson December 6, 2004 Page 4 would have the same opportunity to construct a dwelling with a two -stall garage without relief from the Zoning Ordinance. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative indicates that he plans to construct an addition to the garage, with an attic room above, to the front of the existing single - family home. The applicant has "2 cars, 1 pickup, 2 motorcycles, and would like to store them inside the garage." Without the variance the depth of the new garage addition "would only be 14.8', inadequate for vehicle parking." In conjunction with the existing tuck -under garage, the proposed addition will result in a total garage space that is two stalls deep (46 feet) and two stalls wide (22 feet). While the original goal was "to add additional vehicle storage to the existing two car garage, tuck -under style home," the proposed addition also provides the opportunity to update the overall appearance of the house. "With a predominate front facing gable garage with attic room above, and the addition of an 8' covered entry porch, the over -all appearance of the house will change to a newer Craftsman style." SUMMARY /CONCLUSION The applicant is requesting a 5.2 -foot setback Variance for the construction of a garage addition to the front of his home. A single family dwelling with a two -stall attached garage, and a 12' x 12' detached shed, are present on the site. The applicant has indicated that the alleged hardship is the existing placement of the home on the property which creates the difficulty for the proposed addition. It appears that the existing placement of the home was dictated by topographic limitations and concerns for preserving significant trees. These topographic and vegetative considerations are unique to this property. The elevation plan indicates the proposed addition to the front, along with the other architectural modifications, will result in an updated appearance of the home while providing the additional vehicle storage space desired by the applicant. The driveway should be paved and the shed brought into conformance with city codes for appearance. ACTION TO BE CONSIDERED To approve a 5.2 -foot setback Variance to the required 30 foot setback from a public right -of- way for a garage addition and remodeling of a single - family home located at 3637 Crestridge Court, legally described as Lot 2, Block 1, Buffer Hills, in the SW %4 of Section 15. If approved, the following conditions should apply: ‘o2-- Variance Report — Christenson December 6, 2004 Page 5 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 exterior materials of the addition and the existing dwelling shall match. 3. The driveway shall be paved with bituminous asphalt or concrete. 4. The addition shall comply with all other applicable Zoning Ordinance provisions. 5. The existing 144 s.f. shed shall meet zoning standards for appearance, with exterior materials and colors to match the remodeled home. ‘3 Location Map Eagan Boundary i Street Centerline Parcel Area Building Footprint E / 1 o e� vIDLErn E iil: Sub'ect Site a S - \ _ , '`�r!Ir7!!7 �� ® a ��■ !3 $R L:✓1L"3�I Ltd I x �- � =���1 .aLN�..tt ���� 2 GREtiRIDGE UNE e r ® , � D a � ��ir � �a ' J � - 1311111 Gfet"7 VJ —J�i► ��� m. ed� o ®® �1 s / ■ � ■.ILA � 4 � ► a . , �- , DEN G,. ® w4 W!lKOTT{tOF� Y . � �� r7 °D�:aiii`�NE u 1000 0 1000 2000 Feet Development/Developer: Erik Christenson Application: Variance Case No.: 15-VA18-1OO4/ _ .- CI o uci cin v 9 communhy Devslopment Departnrnt Map Prepared using ERSI /vcView 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omisslons. N W E S 872.2 872. 878.8 aTil 104245000 RWD 872.7 882.7 x f * >f SCALE : 1 INCH = 30 FEET * PIONEER * engineering Certificate of Survey for: KEYLAND HOMES 3637 CRESTRIDGE COURT EAGAN, MINNESOTA 76.1 0 m 879.] 879.4 76 876.6 co O co n t ED CV :t O 0 898.7 X902,0 / .,• 9o0.1x 889. 902.1X 890.0 890.0 891.9 .4 39 891.4 B9 897.4X 887, 884_3 'n 1_0 "TOP- -- 887.1 - - S83.9 -- 7r - �__ 882 .2 8_ 10 I • SHED / 88].] TREE LINE %r- ^_ a s.o r 885.3X 884. 88+.7 880.9 WOOD R WALL\ 881.7 iP asx e64.9x Bas' s ":° , 9. BOULDERS 884.1 ° L . 6° ` 17 � aB.. :N - l 8801 884,7X. , 'UP BBa7 865 885.:, N PROPOSED Ba9. 88 55 ; ' 66 +.+ 889.• ��8 86.5 ass. � ' _ ADDITION 598.e x 98 X ' ,q '0 30: - 886.33 M6.0 t. � ilk _ �'BB8.9.0 9 986. O 880.6 - "7� 899.9 BB7.0� X1 .6 BB : . BB0.61,FL 890. 57.o ' �8 BB B. • R O 1 ,, G R x8819 �•+' T .7 GM 7I 2 890. 1 8819 88 7.2 f ' aen,? O 8:..6 BB0.7 TP p � . % ea o '1%° 1 � �0 895. . BB7.7 1\ ? DF 900.7 X / 3' O S�y O / 890. 887.1 887.] O an 1J .7 z l / � R - WALL 889.9 i X 68 5 Eet ✓ ` ,; 4 v / 890.'r BB7.4 Ov 82.6 4 0'� 0.4 894.Ox 89 �V •'887.4 \ ry B� jB4'1 _a l / :6 8 882.0 882.4 la 881.7 800.8 080.5 880.9 FOUNDATION DIMENSIONS LAND SURVEYORS • Cm. EN0NEER9 LAND PLANNERS• LANDSCAPE ARCHITECTS 1 N 89'48'50 "W 142.99 fLO pf HOUSE GARAGE 886.2 1!35 .4 et a X884.6 ^ T tD BB5.1 883.72 593. SVq 5114. x 084.2 584. O 51 NOTE: EXISTING DRIVEWAY HAS MINIMAL GRADE NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN BY: NOTE: BUILDING DIMENSIONS SHOWN ARE FOR HORIZONTAL AND VERTICAL LOCATION OF STRUCTURES ONLY. SEE ARCHITECTUAL PLANS FOR BUILDING AND NOTE: NO SPECIFIC SOILS INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR. THE SUITABIUTY OF SOILS TO SUPPORT THE SPECIFIC HOUSE PROPOSED I5 NOT THE RESPONSIBILITY OF THE SURVEYOR. NOTE: THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN 11000 SHOWN ON 7HE RECORDED PLAT. NOTE CONTRACTOR MUST VERIFY DRIVEWAY OESIGN. NOTE BEARINGS SHOVM ARE BASED ON AN ASSUMED DATUM 01% 56 ��5 -y'S 882.7 5WL 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 881 - 1914 FAX:881 - 9486 625 Highway 10 N.E. Bloine, MN 55434 (763) 783 - 1880 FAX 783 - 1883 / 887.5 8.,N.1/4 � OM DJ �101 3 WE HEREBY CERTIFY TO KEYLAND HOMES THAT THIS 15 A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: 882.3 a ' - R -WALL LOT 2, BLOCK 1, BUFFER HILLS DAKOTA COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT AS SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 315T DAY OF AUGUST, 2004. EXISTING HOUSE El f VATION LOWEST FLOOR ELEVATION. 881.1 TOP OF BLOCK ELEVATION. 889.5 GARAGE SLAB ELEVATION' 881.0 I ()puma 30 I eat/ 1 SOUTH i - i - O 0 I 1 N1 71 ,..1 9. fNtp - 1 O - ee NO `80.3 \ 1 30 \ K 000.00 DENOTES MISTING ELEVATION ( DD0.00 ) DENOTES PROPOSED ELEVATION DENOTES DRAINAGE AND UTIUTY EASEMENT -► DENOTES ORAINAOE FLOW DIRECTION ---A DENOTES SPIKE ---8 DENOTES OFFSET HUB Do R. Westergren Reg. No. 1979 cn m Y h � 66 4 rn r rn - n —I MIN MOM ■ RON IMO REM ••• •• OW.. II II m . GARAGE - FRONT PORCH ADDITION PLAN JOB ADORES& 3637 CRESTRIDGE COURT BUFFER HILLS EAGAN MARCN,12004 PLAN • ❑ ❑❑ ❑❑❑ ❑❑ ❑❑❑ ❑ ❑❑ ❑❑D ri MEM MOM BBB BBB m 1 EXISTING HOUSE PLAN JOB ADDRESS 3637 CRESTRIDGE COURT BUFFER HILLS EAGAN JUNE, 1 4000 PLAN R 8 0 - v z r rn rn r rn 0 0 rn r z G) z P / L aaaea 10.9310480 BA'C= G4eRE'Y1D 20' 2-8 ATR2ld ore . 4248 VIEW. 9... G.O. 42 I? Y If 20' woad RAAS 26' RAMC !CUM aa9NOb1 11 1 flOD m,iIN LEu EL w 8 1 1 Pc t rrr ! II 6•0. b 14• 20' 777 I r 1. 42 14 9L . 4842 NORR 9 . IV • 42 1? 0116* 6 HI 1E 1.442 FE ®0 FO2 01SM E 69 9 i nb I 26' soma KLEE Ma601 1 F LDD(Z PLR fv' —L-c) WE:1Z LWEZ 8 O 8 0 rn x cn 6) 0 ifl m l l H 0 Z 6) UJ m U) m n H 0 Q 11 z 8 -4 1/ B' - 1`... /B• 0 0 rn l / 0 z F A 1 1 f p)LE it. LE ,L1 :i_7 - Eliill I 0 r t" 1)-GV=_Lofi rviog5zL -era't p...J. c 4* i t v P% 1 1 cpc)4- /z. rr \ PODM Ck-tRiTELY5OK.1 F.,E&J51 12 . Ht3 - NE V Pg1 15 )11 ("1-)Li FA A-$A) rr L5tth Pruz) 1 -Pk MlkiiitiViik Si - 56> - to Pur ist-D w 6u- ir ;i7) ArP9( (0(u- ti_rE RIK ` A61 Lazi ""t6 I-ktS WI-4‘315 LMG-caz-^6)- - 7) 1 ;H6T Kavie5 1 QUL b'5G. - 17{(S LiTPJ t%) jR lPLLL `sk-Y 7 6 Rts tko34 (5 cc* tui 13) vnL__, ,-71 / 3r1 S 1 itq i‘t • T 6 J v 1 1 5 01 PR\Oa.A.n ( 1161-4.) e.0 ReLf E C.A) L j t, i; K.<6-1,t))/0 R 31JE 5t FRotk., c6 op c O - 6 6-1 vik6er5 P4s0 i7 6 (-04 - LS4. ci ANiaLz Aachirt „ • 4 "Tb - A-V - € Pr klk 64 ( Pti-LetA) 7/ Agenda Memo December 6, 2004 C. PROJECT 912, WINDCREST/ BIRCH PARK ADDITIONS/ DEERWOOD DRIVE/ DENMARK AVENUE STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 912 (Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue — Street Overlay) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 67 miles of local streets. • The resurfacing of Denmark Avenue (from Wescott Road to Deerwood Drive), Deerwood Drive (east of Pilot Knob Road), Windcrest Court, Deercliff Court, Deercliff Lane, Windcrest Avenue, Crestview Lane, Deerridge Court, and Hosford Hilts Drive all within the Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue neighborhood, has been programmed for 2005 in the City's 5 -Year Capital Improvement Program. In September, 2003, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 1, 2004, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within the Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue area, located south of Wescott Road, west of Pilot Knob Road. • On November 4, 2004, the feasibility report for Project 912 was presented to the City Council and a Public Hearing was scheduled for December 6 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 2 in the City Hall Council Chambers for the adjacent property owners and representatives to discuss the proposed improvements. Of the 202 total residential properties proposed to be assessed under this improvement, 15 persons representing 13 properties (7 %) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: �� 99. • Feasibility Report, pages through • Neighborhood Meeting Minutes, pages` through99 . city =gm Report for Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue Neighborhood Street Revitalization City Project No. 912 '73 Eagan, Minnesota December, 2004 PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administraror Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122 -1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community city of Cagan December 2, 2004 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue Street Improvements City Project No. 912 Dear Mayor and City Council: Attached is our report for the Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue Street Improvements, City Project No. 912. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, John P. Gorder Assistant City Engineer Reviewed By: Dept. of P tb1ic Works Review ed` By: t om_ Finance Dt✓pt. 7471 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. v John P. Gorder Date: a 2 Reg. No. 22813 Date: 12 - 2 - �4 Date: / Letter of Transmittal /Certification Table of Contents LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll TABLE OF CONTENTS Page Introduction/ History 1 Scope 2 Feasibility and Recommendations .3 Street Evaluation 3 Proposed Improvements .4 Easements/Permits . 5 Cost Estimate 6 Assessments 7 Low Density Residential 7 Public Facilities 8 Assessment Financing Options 8 Revenue Source 9 Project Schedule 9 Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3A & B Typical Section — Overlay 25' December 2004 Street Improvement Report Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. There are approximately 1.7 miles of 32' wide residential and 44' wide collector streets identified for overlay improvements in 2005 in this neighborhood. These streets include Denmark Avenue (from Wescott Road to Deerwood Drive), Deerwood Drive (east of Pilot Knob Road), Windcrest Court, Deercliff Court, Deercliff Lane, Windcrest Avenue, Crestview Lane, Deerridge Court, and Hosford Hills Drive. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed from 1981 to 1985, in conjunction with adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently in the 20 to 24 /24 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhood have been seal coated a minimum of two times. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 1.7 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary /storm sewer utility castings, and water gate valves. 27 PCI Recommended Improvement 56 - 100 Routine Maintenance /Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0 - 35 f Reconstruct Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride - ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2005 — 2009) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: The 2004 PCI rankings for Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue has a neighborhood weighted average pavement condition rating of 49 which falls in the rankings of the "Patch/Repair and/or Overlay" category. The PCI ratings are on the upper limits of the " Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2005 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavements may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figures 3A & 3B. The existing street section for the collector streets (Denmark Avenue, Deerwood Drive) consists of a 4 '/2 " bituminous pavement supported by 10" gravel base and the local streets consist of a 3" bituminous pavement supported by 6" gravel base . The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 11/2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for collector and residential streets. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 12% (0.4 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity Signage - Traffic control and street identification signage will be replaced if the reflectivity has diminished or support posts have deteriorated, or if the signs or posts no longer meet City standards. Example of a recent street overlay project in Eagan (Oak Chase 6 Mar East, 2002) Easement /Permits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Minnesota Department of Transportation State Aid plan approval will be required for construction plans of the overlay on the municipal state aid collector routes of Deerwood Drive and Denmark Avenue(Wescott Road to Deerwood Drive). Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2005 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Collector Streets (Denmark Avenue, Deerwood Drive) • Edge Mill and Overlay $182,200 Local Streets (Windcrest Ave. & Ct. Deercliff Ln & Ct., Crestview Ln, Deerridge Ct, Hosford Hills Drive) • Edge Mill and Overlay $97,370 Repair Existing Concrete Curb & Gutter $89,750 Total Project Cost 8369320 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R- 1,2,3) 50 %* 50% • Public Facilities 75 %* 25% Repair Existing Concrete Curb and Gutter 0% 100% *A 32/44 street width ratio is used to calculate the assessment for collector streets Low Density Residential Lots (R -1, R -2, R -3) All residential equivalent properties (183 total lot equivalents, 76 townhomes at 75% lot equivalent, 126 single- family lots) as shown on Figure 2, having driveway access on to the streets to be unproved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet.) The estimated cost per residential lot to be assessed based on the City Assessment Policy is $592 per Single Family Lot and is calculated as follows: 1) % Residential R1,2,3 = 18,170 f.f. / 19,300 (total f.f.) = 94.2% 2) [$97,370 (Mill & Overlay Cost - Local) x 50% x 94.2 %] + [$182,200 (Mill & Overlay Cost - Collector) x 50% x (32/44) x 94.2 %] = $108,270 [Total Residential Assessment (R -1, 2, 3)] 3) $108,270 (Total Single Family Residential Assessment) -) $592/ Iot 183 Equivalent Single Family Residential Lots 4) Town house => 75% of a SF Lot (0.75 x $592/ lot) = $444/ Townhouse Unit Public Facilities St. John Neuman Church takes driveway access onto Deerwood Drive, and Cascade Bay takes maintenance access onto Windcrest Avenue. Both Public Facility properties are proposed to be assessed. The City's Assessment Policy states that 75% of the mill & overlay costs are assessable for public facilities based on a normal residential street width (32 feet). The estimated cost for public facilities is $8.85/ front foot and is calculated as follows: 1) % Public Facilities = 1,130 f.f. / 19,300 (total f.f.) = 5.8% 2) [$97,370 (Mill & Overlay Cost) x 75% x 5.8 %] + [$182,200 (Mill & Overlay Cost) x 75% x 5.8% x 32/44] = $10,000 (Public Facility Assessment) 3) $10,000(Public Facility Assessment) 4 $8.85 /front foot 1,130 Public Facility F.F Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedules will result based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $592 Townhome Lot = $444 Principal Per Year Interest Per Year Cost Per Year First Year $89 $22 $111 Fifth Year $89 $4 $93 4) Town house => 75% of a SF Lot (0.75 x $592/ lot) = $444/ Townhouse Unit Public Facilities St. John Neuman Church takes driveway access onto Deerwood Drive, and Cascade Bay takes maintenance access onto Windcrest Avenue. Both Public Facility properties are proposed to be assessed. The City's Assessment Policy states that 75% of the mill & overlay costs are assessable for public facilities based on a normal residential street width (32 feet). The estimated cost for public facilities is $8.85/ front foot and is calculated as follows: 1) % Public Facilities = 1,130 f.f. / 19,300 (total f.f.) = 5.8% 2) [$97,370 (Mill & Overlay Cost) x 75% x 5.8 %] + [$182,200 (Mill & Overlay Cost) x 75% x 5.8% x 32/44] = $10,000 (Public Facility Assessment) 3) $10,000(Public Facility Assessment) 4 $8.85 /front foot 1,130 Public Facility F.F Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedules will result based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $592 Townhome Lot = $444 Principal Per Year Interest Per Year Cost Per Year First Year $118 $30 $148 Fifth Year $118 $6 $124 4) Town house => 75% of a SF Lot (0.75 x $592/ lot) = $444/ Townhouse Unit Public Facilities St. John Neuman Church takes driveway access onto Deerwood Drive, and Cascade Bay takes maintenance access onto Windcrest Avenue. Both Public Facility properties are proposed to be assessed. The City's Assessment Policy states that 75% of the mill & overlay costs are assessable for public facilities based on a normal residential street width (32 feet). The estimated cost for public facilities is $8.85/ front foot and is calculated as follows: 1) % Public Facilities = 1,130 f.f. / 19,300 (total f.f.) = 5.8% 2) [$97,370 (Mill & Overlay Cost) x 75% x 5.8 %] + [$182,200 (Mill & Overlay Cost) x 75% x 5.8% x 32/44] = $10,000 (Public Facility Assessment) 3) $10,000(Public Facility Assessment) 4 $8.85 /front foot 1,130 Public Facility F.F Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedules will result based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $592 Townhome Lot = $444 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $251,050 (68% of total). Project Schedule Present Feasibility Report to City Council/ Order Public Hearing November 4, 2004 Neighborhood Meeting December 2, 2004 Public Hearing December 6, 2004 Approve Plans and Specifications January, 2005 Award Contract February, 2005 Project Completion July 31, 2005 Final Cost Report September, 2005 Final Assessment Hearing Fall, 2005 First Payment Due with Property Tax Statement May 15, 2006 z'iy;(1cz;Nti Birch Park ;A Oi) 1)': - ivel 1) i9m a k Avcnu:) Project Cost Property Assessment City Contribution Mill and Overlay $279,570 $118,270 ($161,300) Repair Existing Curb $89,750 -0- ($89,750) Totals $369,320 $118,270 ($251,050) Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $251,050 (68% of total). Project Schedule Present Feasibility Report to City Council/ Order Public Hearing November 4, 2004 Neighborhood Meeting December 2, 2004 Public Hearing December 6, 2004 Approve Plans and Specifications January, 2005 Award Contract February, 2005 Project Completion July 31, 2005 Final Cost Report September, 2005 Final Assessment Hearing Fall, 2005 First Payment Due with Property Tax Statement May 15, 2006 z'iy;(1cz;Nti Birch Park ;A Oi) 1)': - ivel 1) i9m a k Avcnu:) Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $1,000.00 $1,000 Mill Bituminous Pavement S.Y. 5,600 $1.15 $6,440 Type 41 Wear Course Mixture Ton 1,400 $36.00 $50,400 Bituminous Material for Tack Coat Gal. 800 $2.00 $1,600 Adjust Valve Box Each 10 $175.00 $1,750 Adjust Frame & Ring Casting (Manhole) Each 20 $400.00 $8,000 Traffic Control L.S. 1 $1,000.00 $1,000 Replace Traffic & Street Signs L.S. 1 $1,140.00 $1,140 Subtotal $71,330 + 5% Contingencies $3,570 Subtotal $74,900 + 30% Indirect Costs $22,470 SUBTOTAL $97,370 Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $1,500.00 $1,500 Mill Bituminous Pavement S.Y. 7,400 $1.15 $8,510 Type 41 Wear Course Mixture Ton 2,400 $36.00 $86,400 Bituminous Material for Tack Coat Gal. 1,300 $2.00 $2,600 Adjust Valve Box Each 17 $175.00 $2,980 Repair Valve Top Section Each 3 $275.00 $830 Adjust Frame & Ring Casting (Manhole) Each 40 $400.00 $16,000 4 -Inch White Striping L.F. 11,000 $0.50 $5,500 4 -Inch Double Yellow Striping L.F. 5,500 $1.00 $5,500 Traffic Control L.S. 1 $1,000.00 $1,000 Replace Traffic & Street Signs L.S. 1 $2,660.00 $2,660 Subtotal $133,480 Local Streets Appendix A - Street Overlay - City Project No. 912 Preliminary Cost Estimate Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue L Bituminous Street Overla II. Collector Streets - Bituminous Street Overla + 5% Contingencies $6,670 Subtotal $140,150 + 30% Indirect Costs $42,050 TOTAL $182,200 III. Repair Existing Concrete Curb & Gutter Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 2,000 $5.00 $10,000 D412 Concrete Curb and Gutter L.F. 1,750 $15.00 $26,250 B618 Concrete Curb and Gutter L.F. 250 $16.00 $4,000 Conc Sidewalk R & R w/ Trunc Domes S.F. 320 $15.00 $4,800 Adjust Frame & Ring Casting (C.B) Each 20 $300.00 $6,000 Sod w /Topsoil S.Y. 600 $12.00 $7,200 Bituminous Street Patching Ton 150 $50.00 $7,500 Bituminous Driveway Patching S.Y. 150 $26.00 $3,900 Subtotal $65,750 + 5% Contingencies $3,290 Subtotal $69,040 + 30% Indirect Costs $20,710 TOTAL $89,750 TOTAL PROJECT COST $369,320 Parcel (Single Family) P.I.N. Windcrest 1st -2nd, Birch Park, etc., Additions Lot Unit Equivalent Assessment Total Windcrest 1st Addition - Block 1 3804 Denmark Avenue 10- 84460 - 010 -01 1 $592 $592 3806 Denmark Avenue 10- 84460 - 020 -01 1 $592 $592 3816 Denmark Avenue 10- 84460 - 030 -01 1 $592 $592 3818 Denmark Avenue 10- 84460 - 040 -01 1 $592 $592 3828 Denmark Avenue 10- 84460 - 050 -01 1 $592 $592 3830 Denmark Avenue 10- 84460 - 060 -01 1 $592 $592 3840 Denmark Avenue 10- 84460 - 070 -01 1 $592 $592 3842 Denmark Avenue 1- 084460 - 080 -01 1 $592 $592 3852 Denmark Avenue 10- 84460 - 090 -01 1 $592 $592 3854 Denmark Avenue 10- 84460 - 100 -01 1 $592 $592 3864 Denmark Avenue 10- 84460 - 110 -01 1 $592 $592 3866 Denmark Avenue 10- 84460 - 120 -01 1 $592 $592 Subtotal 12 $7,104 Windcrest 1st Addition - Block 2 3835 Deercliff Court 10- 84460 - 010 -02 1 $592 $592 3833 Deercliff Court 10- 84460 - 020 -02 1 $592 $592 3823 Deercliff Court 10- 84460 - 030 -02 1 $592 $592 3821 Deercliff Court 10- 84460 - 040 -02 1 $592 $592 3811 Deercliff Court 10- 84460 - 050 -02 1 $592 $592 3809 Deercliff Court 10- 84460 - 060 -02 1 $592 $592 3810 Deercliff Court 10- 84460 - 070 -02 1 $592 $592 3812 Deercliff Court 10- 84460 - 080 -02 1 $592 $592 3822 Deercliff Court 10- 84460 - 090 -02 1 $592 $592 3824 Deercliff Court 10- 84460 - 100 -02 1 $592 $592 3834 Deercliff Court 10- 84460 - 110 -02 1 $592 $592 3836 Deercliff Court 10- 84460 - 120 -02 1 $592 $592 3838 Denmark Avenue 10- 84460 - 130 -02 1 $592 $592 3829 Denmark Avenue 10- 84460 - 140 -02 1 $592 $592 3819 Denmark Avenue 10- 84460 - 150 -02 1 $592 $592 3817 Denmark Avenue 10- 84460 - 160 -02 1 $592 $592 Appendix B - City Project No. 912 Preliminary Assessment Roll Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue Street Overla ? ? 3807 Denmark Avenue 10- 84460 - 170 -02 1 $592 $592 3805 Denmark Avenue 10- 84460 - 180 -02 1 $592 $592 3909 Denmark Avenue (Outlot B -City of Eagan) 10- 84460 - 020 -00 1 $592 $592 (Outlot C - City of Eagan) 10- 84460 - 030 -00 1 $592 $592 Subtotal 20 $11,840 Windcrest 1st Addition - Block 3 1304 Deercliff Lane 10- 84460 - 010 -03 0.75 $592 $444 1306 Deercliff Lane 10- 84460 - 020 -03 0.75 $592 $444 1302 Deercliff Lane 10- 84460 - 030 -03 0.75 $592 $444 1300 Deercliff Lane 10- 84460 - 040 -03 0.75 $592 $444 1294 Deercliff Lane 10- 84460 - 050 -03 0.75 $592 $444 1296 Deercliff Lane 10- 84460 - 060 -03 0.75 $592 $444 1292 Deercliff Lane 10- 84460 - 070 -03 0.75 $592 $444 1290 Deercliff Lane 10- 84460- 080 -03 0.75 $592 $444 1284 Deercliff Lane 10- 84460- 090 -03 0.75 $592 $444 1286 Deercliff Lane 10- 84460 - 100 -03 0.75 $592 $444 1282 Deercliff Lane 10- 84460 - 110 -03 0.75 $592 $444 1280 Deercliff Lane 10- 84460 - 120 -03 0.75 $592 $444 1274 Deercliff Lane 10- 84460 - 130 -03 0.75 $592 $444 1276 Deercliff Lane 10- 84460 - 140 -03 0.75 $592 $444 1272 Deercliff Lane 10- 84460 - 150 -03 0.75 $592 $444 1270 Deercliff Lane 10- 84460 - 160 -03 0.75 $592 $444 1264 Deercliff Lane 10- 84460 - 170 -03 0.75 $592 $444 3855 Denmark Avenue 10- 84460 - 180 -03 0.75 $592 $444 3857 Denmark Avenue 10- 84460 - 190 -03 0.75 $592 $444 1266 Deercliff Lane 10- 84460 - 200 -03 0.75 $592 $444 Subtotal 15 $8,880 Windcrest 2nd Addition - Block 1 1333 Windcrest Avenue 10- 84461- 010 -01 0.75 $592 $444 1335 Windcrest Avenue 10- 84461 - 020 -01 0.75 $592 $444 3867 Windcrest Court 10- 84461 - 030 -01 0.75 $592 $444 3865 Windcrest Court 10- 84461- 040 -01 0.75 $592 $444 3859 Windcrest Court 10- 84461 - 050 -01 0.75 $592 $444 . 3861 Windcrest Court 10- 84461- 060 -01 0.75 $592 $444 3857 Windcrest Court 10- 84461- 070 -01 0.75 $592 $444 3855 Windcrest Court 10- 84461- 080 -01 0.75 $592 $444 3849 Windcrest Court 10- 84461- 090 -01 0.75 $592 $444 4B 3851 Windcrest Court 10- 84461 - 100 -01 0.75 $592 $444 3847 Windcrest Court 10- 84461 - 110 -01 0.75 $592 $444 3845 Windcrest Court 10- 84461 - 120 -01 0.75 $592 $444 3839 Windcrest Court 10- 84461 - 130 -01 0.75 $592 $444 3841 Windcrest Court 10- 84461- 140 -01 0.75 $592 $444 3837 Windcrest Court 10- 84461- 150 -01 0.75 $592 $444 3835 Windcrest Court 10- 84461- 160 -01 0.75 $592 $444 3829 Windcrest Court 10- 84461 - 170 -01 0.75 $592 $444 3831 Windcrest Court 10- 84461 - 180 -01 0.75 $592 $444 3827 Windcrest Court 10- 84461 - 190 -01 0.75 $592 $444 3825 Windcrest Court 10- 84461- 200 -01 0.75 $592 $444 3819 Windcrest Court 10- 84461 - 210 -01 0.75 $592 $444 3821 Windcrest Court 10- 84461 - 220 -01 0.75 $592 $444 3817 Windcrest Court 10- 84461 - 230 -01 0.75 $592 $444 3815 Windcrest Court 10- 84461- 240 -01 0.75 $592 $444 3809 Windcrest Court 10- 84461- 250 -01 0.75 $592 $444 3811 Windcrest Court 10- 84461 - 260 -01 0.75 $592 $444 3807 Windcrest Court 10- 84461 - 270 -01 0.75 $592 $444 3805 Windcrest Court 10- 84461- 280 -01 0.75 $592 $444 3808 Windcrest Court 10- 84461- 290 -01 0.75 $592 $444 3810 Windcrest Court 10- 84461 - 300 -01 0.75 $592 $444 3814 Windcrest Court 10- 84461 - 310 -01 0.75 $592 $444 3812 Windcrest Court 10- 84461 - 320 -01 0.75 $592 $444 3820 Windcrest Court 10- 84461- 330 -01 0.75 $592 $444 3822 Windcrest Court 10- 84461 - 340 -01 0.75 $592 $444 3826 Windcrest Court 10- 84461- 350 -01 0.75 $592 $444 3824 Windcrest Court 10- 84461 - 360 -01 0.75 $592 $444 3830 Windcrest Court 10- 84461 - 370 -01 0.75 $592 $444 3832 Windcrest Court 10- 84461- 380 -01 0.75 $592 $444 1319 Deercliff Lane 10- 84461 - 390 -01 0.75 $592 $444 1321 Deercliff Lane 10- 84461- 400 -01 0.75 $592 $444 Subtotal 30 $17,760 Windcrest 2nd Addition - Block 2 1310 Deercliff Lane 10- 84461 - 010 -02 0.75 $592 $444 1308 Deercliff Lane 10- 84461 - 020 -02 0.75 $592 $444 1312 Deercliff Lane 10- 84461 - 030 -02 0.75 $592 $444 1314 Deercliff Lane 10- 84461 - 040 -02 0.75 $592 $444 1318 Deercliff Lane 10- 84461 - 050 -02 0.75 $592 $444 1316 Deercliff Lane 10- 84461 - 060 -02 0.75 $592 $444 0 ? 1320 Deercliff Lane 10- 84461- 070 -02 0.75 $592 $444 1322 Deercliff Lane 10- 84461- 080 -02 0.75 $592 $444 Subtotal 6 $3,552 Windcrest 2nd Addition - Block 3 1336 Windcrest Avenue 10- 84461 - 010 -03 0.75 $592 $444 1338 Windcrest Avenue 10- 84461- 020 -03 0.75 $592 $444 1334 Windcrest Avenue 10- 84461- 030 -03 0.75 $592 $444 1332 Windcrest Avenue 10- 84461- 040 -03 0.75 $592 $444 1328 Windcrest Avenue 10- 84461 - 050 -03 0.75 $592 $444 1330 Windcrest Avenue 10- 84461- 060 -03 0.75 $592 $444 1326 Windcrest Avenue 10- 84461- 070 -03 0.75 $592 $444 1324 Windcrest Avenue 10- 84461- 080 -03 0.75 $592 $444 Subtotal 6 $3,552 Birch Park Addition - Block 1 1261 Windcrest Avenue 10- 14175- 010 -01 1 $592 $592 1267 Windcrest Avenue 10- 14175- 020 -01 1 $592 $592 1273 Windcrest Avenue 10- 14175- 030 -01 1 $592 $592 1279 Windcrest Avenue 10- 14175- 040 -01 1 $592 $592 1285 Windcrest Avenue 10- 14175- 050 -01 1 $592 $592 1291 Windcrest Avenue 10- 14175- 060 -01 1 $592 $592 1297 Windcrest Avenue 10- 14175- 070 -01 1 $592 $592 1303 Windcrest Avenue 10- 14175- 080 -01 1 $592 $592 1309 Windcrest Avenue 10- 14175- 090 -01 1 $592 $592 1315 Windcrest Avenue 1014175 - 100 -01 1 $592 $592 1321 Windcrest Avenue 1014175 - 110 -01 1 $592 $592 1327 Windcrest Avenue 10- 14175 - 120 -01 1 $592 $592 Subtotal 12 $7,104 Birch Park Addition Block 2 1322 Windcrest Avenue 10- 14175- 010 -02 1 $592 $592 1318 Windcrest Avenue 10- 14175- 020 -02 1 $592 $592 1314 Windcrest Avenue 10- 14175- 030 -02 1 $592 $592 1310 Windcrest Avenue 10- 14175- 040 -02 1 $592 $592 1306 Windcrest Avenue 10- 14175- 050 -02 1 $592 $592 1304 Windcrest Avenue 10- 14175- 060 -02 1 $592 $592 1296 Windcrest Avenue 10- 14175- 070 -02 1 $592 $592 1290 Windcrest Avenue 10- 14175- 080 -02 1 $592 $592 1284 Windcrest Avenue 10- 14175- 090 -02 1 $592 $592 1278 Windcrest Avenue 10- 14175 - 100 -02 1 $592 $592 City Owned Lot - Outlot A 10- 14175- 010 -00 1 $592 $592 3875 Denmark Avenue 10- 14175 - 110 -02 1 $592 $592 3881 Denmark Avenue 10- 14175- 120 -02 1 $592 $592 3887 Denmark Avenue 10- 14175- 130 -02 1 $592 $592 3893 Denmark Avenue 10- 14175 - 140 -02 1 $592 $592 3899 Denmark Avenue 10- 14175- 150 -02 1 $592 $592 3905 Denmark Avenue 10- 14175- 160 -02 1 $592 $592 3911 Denmark Avenue 10- 14175 - 170 -02 1 $592 $592 Subtotal 18 $10,656 Birch Park Addition - Block 3 3868 Denmark Avenue 10- 14175- 010 -03 1 $592 $592 3872 Denmark Avenue 10- 14175- 020 -03 1 $592 $592 3876 Denmark Avenue 10- 14175- 030 -03 1 $592 $592 1243 Crestview Lane 10- 14175- 040 -03 1 $592 $592 1249 Crestview Lane 10- 14175- 050 -03 1 $592 $592 Subtotal 5 $2,960 Birch Park Addition - Block 4 1242 Crestview Lane 10- 14175- 010 -04 1 $592 $592 1246 Crestview Lane 10- 14175- 020 -04 1 $592 $592 1250 Crestview Lane 10- 14175- 030 -04 1 $592 $592 3890 Denmark Avenue 10- 14175- 040 -04 1 $592 $592 3896 Denmark Avenue 10- 14175- 050 -04 1 $592 $592 3904 Denmark Avenue 10- 14175- 060 -04 1 $592 $592 Subtotal 6 $3,552 Birch Park Addition - Block 5 3924 Denmark Avenue 10- 14175- 010 -05 1 $592 $592 3934 Denmark Avenue 10- 14175- 020 -05 1 $592 $592 3944 Denmark Avenue 10- 14175- 030 -05 1 $592 $592 3950 Denmark Avenue 10- 14175- 040 -05 1 $592 $592 3956 Denmark Avenue 10- 14175- 050 -05 1 $592 $592 3962 Denmark Avenue 10- 14175- 060 -05 1 $592 $592 3968 Denmark Avenue 10- 14175- 070 -05 1 $592 $592 1271 Deerridge Court 10- 14175- 080 -05 1 $592 $592 1265 Deerridge Court 10- 14175- 090 -05 1 , $592 $592 1259 Deerridge Court 10- 14175- 100 -05 1 $592 $592 1262 Deerridge Court 10- 14175- 110 -05 1 $592 $592 9� 1266 Deerridge Court 10- 14175 - 120 -05 1 $592 $592 1270 Deerridge Court 10- 14175 - 130 -05 1 $592 $592 1267 Deerwood Drive 10- 14175- 140 -05 1 $592 $592 1261 Deerwood Drive 10- 14175- 150 -05 1 $592 $592 1255 Deerwood Drive 10- 14175 - 160 -05 1 $592 $592 Subtotal 16 $9,472 Birch Park Addition - Block 6 3923 Denmark Avenue 10- 14175 - 010 -06 1 $592 $592 3929 Denmark Avenue 10- 14175- 020 -06 1 $592 $592 3935 Denmark Avenue 10- 14175- 030 -06 1 $592 $592 3941 Denmark Avenue 10- 14175- 040 -06 1 $592 $592 3947 Denmark Avenue 10- 14175- 050 -06 1 $592 $592 3953 Denmark Avenue 10- 14175- 060 -06 1 $592 $592 3959 Denmark Avenue 10- 14175- 070 -06 1 $592 $592 3965 Denmark Avenue 10- 14175- 080 -06 1 $592 $592 3971 Denmark Avenue 10- 14175- 090 -06 1 $592 $592 3977 Denmark Avenue 10- 14175 - 100 -06 1 $592 $592 3983 Denmark Avenue 10- 14175 - 110 -06 1 $592 $592 3989 Denmark Avenue 10- 14175- 120 -06 1 $592 $592 3995 Denmark Avenue 10- 14175 - 130 -06 1 $592 $592 1285 Deerwood Drive 10- 14175 - 140 -06 1 $592 $592 1289 Deerwood Drive 10- 14175- 150 -06 1 $592 $592 1295 Deerwood Drive 10- 14175 - 160 -06 1 $592 $592 1309 Deerwood Drive 10- 14175- 170 -06 1 $592 $592 Subtotal 17 $10,064 Fiala Addition - Block 1 1395 Deerwood Drive 10- 26100 - 010 -01 1 $592 $592 1365 Deerwood Drive 10- 26100 - 020 -01 1 $592 $592 Subtotal 2 $1,184 Altobelli Addition - Block 1 1290 Deerwood Drive 10- 11300- 010 -01 1 $592 $592 1300 Deerwood Drive 10- 11300- 020 -01 1 $592 $592 Subtotal 2 $1,184 1275 Deerwood Drive 10- 02200 - 013 -04 1 $592 $592 1280 Deerwood Drive 10- 02200 - 014 -54 1 $592 $592 Subtotal 2 $1,184 Langstraat Addition Parcel 1250 Deerwood Drive 10- 44475- 010 -01 1 $592 $592 $8.85 Subtotal 1 10- 02200- 014 -50 510 $592 Bergin Addition Subtotal 1070 $9,470 1240 Deerwood Drive 10- 13725- 010 -01 1 $592 $592 1244 Deerwood Drive 10- 13725- 020 -01 1 $592 $592 Subtotal 2 Public Facility Subtotal 1,130 $1,184 Goetz 1st Addition 1266 Deerwood Drive 10- 30100- 010 -01 1 $592 $592 1260 Deerwood Drive 10- 30100- 020 -01 1 $592 $592 Subtotal 2 $1,184 Skovdale Addition 1315 Deerwood Drive 10- 68700 - 020 -00 1 $592 $592 1345 Deerwood Drive 10- 68700 - 030 -00 1 $592 $592 1355 Deerwood Drive 10- 68700 - 040 -00 1 $592 $592 1381 Deerwood Drive 10- 68700 - 061 -00 1 $592 $592 1385 Deerwood Drive 10- 68700- 062 -00 1 $592 $592 Subtotal 5 $2,960 Hosford Addition 4015 Hosford Hills Road 10- 33600 - 040 -01 1 $592 $592 4020 Hosford Hills Road 10- 33600 - 020 -01 1 $592 $592 4010 Hosford Hills Road 10- 33600 - 010 -01 1 $592 $592 4025 Hosford Hills Road 10- 33600 - 030 -01 1 $592 $592 Subtotal 4 $2,368 Residential Subtotal 183 $108,270 Public Facilities St. John Neumann Parcel P.I.N. F.F. Rate/FF Assmt. 4030 Pilot Knob Road 10- 66000- 010 -01 560 $8.85 $4,956 1330 Deerwood Drive 10- 02200- 014 -50 510 $8.85 $4,514 Subtotal 1070 $9,470 Ted Wachter Addition Cascade Bay 10- 75300- 030 -01 60 $8.85 $530 Public Facility Subtotal 1,130 $10,000 TOTAL PROJECT ASSESSMENT $118,270 CLIFF ROAD DEERWOOD AVE. DUCKWOOD DIFFLEY ROAD MARICE DR. Project Location WESCOTT ROAD C�. Twoo I` „ss RUN RD. ig•ift G:Feasibility Reports2005 \912_Location_Map NORNFST PROMENADE PL YANKEE DOODLE ROAD arjr: . D0.. TPM1 W 6 Q r Win 1 z n116 WALDEN '\HEIGFTS DR. 10-21 -0 c) City of Eagan Windcrest / ark Additions / Denmark Ave. / Deerwood Dr. Location Map City Project - 912 Fig. 1 W E S NO SCALE J / WESTCOTT ROAD G:Feosibility Reports2005\ Proj914Thomas_Loke \Streetlmprov WTUIT A CITY !f EAGAN 1NESUU ROAD ID- 02200 -013 -04 No I = m ASSESSMENT AREA LEGEND STREET IMPROVEMENTS 10 -18 -04 c 3) City of Eagan Windcrest/Birch Park Additions /Denmark Ave. /Deerwood Dr. Stre- •vements / Area Assessment Map ity Project 912 Fig. 2 EDGE MILL (6' -8' wide) Typ. 60' ROW 32' (F —F) 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section Local Streets 60' ROW 32' (F —F) BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section 1 TYPE 41 BITUMINOUS OVERLAY EX. D412 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED G: FeosibilityReports2005 \912_Windcrest_ \typicol sections3A 10 - 11 - 04 CC ity of Eagan Windcrest / Birch Park Additions / Denmark Ave. / Deerwood Dr. Typicar : - Local Streets - Project 912 Fig. 3A CONCRETE SIDEWALK ( VARIABLE ) EDGE MILL (6' -8' wide) Typ. G: FeosibilityReports2005 \912_Windcrest_ \typical sections3B City of Eagan 80' ROW 44' (F —F) 4 1/2" BITUMINOUS SURFACE 10" CL. 5 AGGREGATE BASE Existing Typical Section Collector Streets ( Deerwood Drive & Denmark Ave. ) 80' ROW 44' (F —F) 11/2 TYPE 41 BITUMINOUS OVERLAY BITUMINOUS TACK COAT 4 1/2" BITUMINOUS SURFACE 10" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed ]ypical Section EX. D412 & B618 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED a '1 Windcrest / Birch Park Additions / Denmark Ave. / Deerwood Dr. Typical Sections - Collector Streets - Project 912 10-11-04 Fig. 3B CITY PROJECT NO 912 INFORMATIONAL NEIGHBORHOOD MEETING WINDCREST/ BIRCH PARK ADDITIONS/ DEERWOOD DRIVE/ DENMARK AVENUE STREET IMPROVEMENTS THURSDAY, DECEMBER 2, 2004 6:00 P.M. COMMUNITY ROOM Attendance: John Gorder, Assistant City Engineer, 15 residents representing 13 properties (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • Shouldn't residents be assessed Less for Denmark and Deerwood because they handle so much traffic from outside the neighborhood, and are falling apart at a faster rate than if it were just the neighborhood traffic? Residents are proposed to be assessed for a typical residential portion (32') of the width of these streets (44'). Deerwood Drive and Denmark Avenue were built at a higher standard for width and pavement thickness than a typical residential street to accommodate the higher amounts of traffic. They have not deteorated any faster than a residential street because of this higher standard of original construction. • Shouldn't St. John Neuman Church be assessed more because of the large amounts of traffic they generate? The Special Assessment Policy was set to assess on general land use only, not on a case -by -case basis with the amount of traffic generated. It would be very difficult to assess based on the specific amount of traffic generated. • Why should townhomes pay 75% of a single - family rate, they generate very little traffic? The City's Special Assessment policy of a 75% rate for townhomes is based on local and national traffic generation estimates for townhome units and single - family homes, and the density of units per area, not neighborhood - specific situations. The City has been consistent on this policy through the years of the street rehabilitation program. • What happens if the costs you estimate, and therefore our assessments, go way up? It is City policy to hold another public hearing, and re- consider the project, if the lowest bid prices received from a contractor are 10% or greater than the estimated costs. • Why is Pat McCarthy's property only assessed the same as a single - family property, as it is a large property? Because it is currently only a single - family home. If the property develops, that development will likely be required to construct and be responsible for costs of its own street system. • There are some dips on Deerwood that need to be smoothed over. This project will do that. • The crack sealing that has been performed in the past is not motorcycle - friendly. The "rubberized" crack sealing is being phased out by new technology that is more like a mini - sealcoat over the cracks. This form of crack sealing should be easier to for motorcycles to cross. The meeting adjourned at 7:50 p.m. F: \GROUP\ENGINEER1Russ Matthys \'04\Misc\Minutes - 912 Windcrest etal.doc qg NAME 2. o / 1 . (12., r 3. ��'�,wv�,t, \,k),ItNu JxJJt , 4. 5. 6. 8.)� 9. 10. 12. 'Zit 6 rre!( 16. 17. 18. 19. 20. v G:FORMS /SIGN - IN.Sheet NEIGHBORHOOD MEETING WINDCREST ADDN/ BIRCH PK/ DEERWOOD DR/ DENMARK AVE PROJECT 912 THURSDAY, DECEMBER 2, 2004 - 6:00 P.M. 7. �- ^� v4 \ 2 7 Q-Q---____J 11. .51i e:4 ? 13. l.�V =% SrL 14. 15. ADDRESS I 2_10 L( Deyi 4 / ) , F i L 4.41 frinlA Lim, 1 ' -- O �`!= � 3a f, C S - A . 353g 0 ( -%1" \At 0--r,c / Jai;;/ /- J Old kJ" -zc'' Cr e - ii- Agenda Memo December 6, 2004 D. PROJECT 914, TRAILS OF THOMAS LAKE/ THOMAS LAKE HEIGHTS ADDITIONS - STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 914 (Trails of Thomas Lake/ Thomas Lake Heights Additions — Street Overlay) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 67 miles of local streets. • The resurfacing of Clemson Drive, Clemson Circle, Clemson Court (all three cul -de- sacs), Baylor Court, and Auburn Court all within the Trails of Thomas Lake/ Thomas Lake Heights neighborhood, has been programmed for 2005 in the City's 5 -Year Capital Improvement Program. In September, 2003, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 1, 2004, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within the Trails of Thomas Lake/ Thomas Lake Heights area, located south of Diffley Road, both sides of Thomas Lake Road. • On November 4, 2004, the feasibility report for Project 914 was presented to the City Council and a Public Hearing was scheduled for December 6 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 2 in the City Hall Council Chambers for the adjacent property owners and representatives to discuss the proposed improvements. Of the 260 total residential properties proposed to be assessed under this improvement, 2 persons representing 2 properties (< 1 %) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages /a through / . • Neighborhood Meeting Minutes, pages hrough /ay. /et city of eagan Report for Thomas Lake Heights/ Trails of Thomas Lake Neighborhood Street Revitalization City Project No. 914 /o/ Eagan, Minnesota December, 2004 PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122 -1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community city of ecigan December 2, 2004 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Thomas Lake Heights/ Trails of Thomas Lake Additions Street Improvements City Project No. 914 Dear Mayor and City Council: Attached is our report for the Thomas Lake Street Improvements, City Project No. 914. improvements and includes a cost estimate, We would be pleased to meet with the City discuss the contents of this report. Sincerely, ohn P. Gorder Assistant City Engineer Reviewed By: Dept. of Put is Works Reviewed By\ Finance Dept. Heights/ Trails of Thomas Lake Additions The report presents and discusses the proposed preliminary assessment roll and schedule. Council at your convenience to review and I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. o' r` / John P. Gorder Date: 12- 2 - 0'1 Reg. No. 22813 Date: It Z —d Date: 1 / Letter of Transmittal /Certification Table of Contents TABLE OF CONTENTS Page Introduction 1 Scope 2 Feasibility and Recommendations .3 Street Evaluation 3 Proposed Improvements .4 Easements/Permits . 6 Cost Estimate 6 Assessments 6 Low Density Residential 6 Assessment Financing Options 7 Revenue Source 8 Project Schedule .8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map 2 Street Improvement/Assessment Area Map 3 Typical Section — Overlay /o3 December 2004 Street Improvement Report Thomas Lake Heights/ Trails of Thomas Lake Additions Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 1 mile of 32' wide streets within the Thomas Lake Heights/ Trails of Thomas Lake Additions neighborhood area are identified for street overlay improvements in 2005. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed between 1981 and 1986, as part of adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently in the 20 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Thomas Lake lleightsy'Trails �Jt Thomas Lake Additions Pa <�e 1 Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The various segments of the streets in the neighborhood were seal coated in 1986, 1992, and 1999. The Public Works maintenance program typically includes patching and refurbishing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 1 mile of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, and water gate valves. /0S 'l Lake HeiOltsi Trails of Thomas Lake Additions Pae 2 PCI Recommended Improvement 56 - 100 ! Routine Maintenance /Crack Seal/Seal Coat 36 - 55 ) Patch/Repair and/or Overlay 0 - 35 [ Reconstruct Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2005 — 2009) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: X06 Thomas Lake 1-Teights' 'Trails or Thomas Lake Additions Page 3 The 2004 PCI rankings for Thomas Lake Heights/ Trails of Thomas Lake Additions has a neighborhood weighted average pavement condition rating of 50 which falls in the rankings of the "Patch/Repair and/or Overlay" category. The PCI ratings are on the upper limits of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2005 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavements may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street sections consist of a 3" bituminous pavement supported by 6" — 12" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 11/2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 9% (0.2 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is 4/0 Thomas Lake F-Ieiightsi "Trails of 'Ph omas Lake Additions Page 4 Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2005 — 2009) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: X06 Thomas Lake heights' Trails of Thomas Lake Additions Page 3 PCI Recommended Improvement 156 - 100 ! Routine Maintenance /Crack Seal /Seal Coat 136 - 55 Patch/Repair and/or Overlay f 0 - 35 ( Reconstruct Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2005 — 2009) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: X06 Thomas Lake heights' Trails of Thomas Lake Additions Page 3 The 2004 PCI rankings for Thomas Lake Heights/ Trails of Thomas Lake Additions has a neighborhood weighted average pavement condition rating of 50 which falls in the rankings of the "Patch/Repair and/or Overlay" category. The PCI ratings are on the upper limits of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, the 2005 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavements may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street sections consist of a 3" bituminous pavement supported by 6" — 12" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6' -8' wide) to accommodate a 11/2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 9% (0.2 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work Thomas Lake Heights/ Trails of Thomas Lake Additions Page 4 is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity Signage - Traffic control and street identification signage will be replaced if the reflectivity has diminished or supports posts have deteriorated, or if the signs or posts no longer meet City standards. Example of a recent street overlay project in Eagan (Oak Chase 6` /Ches Mar East, 2002) /0 3 Thomas Lake Fleights/ Trails of Thomas Lake Additions Pa..;e 5 Easement /Permits All work will be in the public right -of -way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2005 construction costs and include a 5% contingency and indirect cost of 30 %, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Assessments • Edge Mill and Overlay $142,680 • Repair Existing Concrete Curb & Gutter $53,510 City Special Assessment Policy /D Mill and Overlay • Low Density Residential (R- 1,2,3) Repair Existing Concrete Curb and Gutter Low Density Residential Lots (R -1, R -2, R -3) Total $196,190 Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. "Domas Lake Heights/ "}`rails of — Dimas Lake Additions Paa.e 6 Assessment Ratio Property City 50% 50% 0% 100% This neighborhood consists entirely of low- density residential homes. All residential equivalent properties (202 total, 232 townhomes at 75% lot equivalents plus 28 single - family lots) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet). The Assessment Policy also states that townhome units are to be assessed at 75% the rate of a single - family home. The estimated cost per residential lot to be assessed based on the City Assessment Policy is $353 per Single Family Lot and is calculated as follows: 1) $142,680 (Total Mill & Overlay Cost) x 50 %= $71,340 Total Residential Assessment (R1) 2) $71,340 (Total Single Family Residential Assessment) --> $353/ lot 202 Equivalent Single Family Residential Lots 3) Town house => 75% of a Single Family Lot (0.75 x $353/ lot) = $265/ Townhouse Unit Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single- family home based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $353 Townhome Lot = $265 //D ] homa.s Lake Heights/ Trails of Thomas Lake Additions Pag 7 Principal Per Year Interest Per Year Cost Per Year First Year $71 $18 $89 Fifth Year $71 $4 $75 The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet). The Assessment Policy also states that townhome units are to be assessed at 75% the rate of a single - family home. The estimated cost per residential lot to be assessed based on the City Assessment Policy is $353 per Single Family Lot and is calculated as follows: 1) $142,680 (Total Mill & Overlay Cost) x 50 %= $71,340 Total Residential Assessment (R1) 2) $71,340 (Total Single Family Residential Assessment) --> $353/ lot 202 Equivalent Single Family Residential Lots 3) Town house => 75% of a Single Family Lot (0.75 x $353/ lot) = $265/ Townhouse Unit Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single- family home based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $353 Townhome Lot = $265 //D ] homa.s Lake Heights/ Trails of Thomas Lake Additions Pag 7 Principal Per Year Interest Per Year Cost Per Year First Year $53 $13 $66 Fifth Year $53 $3 $56 The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet). The Assessment Policy also states that townhome units are to be assessed at 75% the rate of a single - family home. The estimated cost per residential lot to be assessed based on the City Assessment Policy is $353 per Single Family Lot and is calculated as follows: 1) $142,680 (Total Mill & Overlay Cost) x 50 %= $71,340 Total Residential Assessment (R1) 2) $71,340 (Total Single Family Residential Assessment) --> $353/ lot 202 Equivalent Single Family Residential Lots 3) Town house => 75% of a Single Family Lot (0.75 x $353/ lot) = $265/ Townhouse Unit Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single- family home based on an estimated 5% interest for the assessed amounts: Single Family Residential Lot = $353 Townhome Lot = $265 //D ] homa.s Lake Heights/ Trails of Thomas Lake Additions Pag 7 Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $124,850 (64% of total). Project Schedule Present Feasibility Report to City Council/ Order Public Hearing November 4, 2004 Neighborhood Meeting December 2, 2004 Public Hearing December 6, 2004 Approve Plans and Specifications January, 2005 Award Contract February, 2005 . Project Completion August, 2005 Final Cost Report September, 2005 Final Assessment Hearing Fall, 2005 First Payment Due with Property Tax Statement May 15, 2006 Thomas Lake Heights/ Trails of Thomas Lake Page 8 Project Cost Property Assessment City Contribution Mill and Overlay $142,680 $71,340 ($71,340) Repair Existing Curb $53,510 -0- ($53,510) Totals $196,190 $71,340 ($124,850) Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $124,850 (64% of total). Project Schedule Present Feasibility Report to City Council/ Order Public Hearing November 4, 2004 Neighborhood Meeting December 2, 2004 Public Hearing December 6, 2004 Approve Plans and Specifications January, 2005 Award Contract February, 2005 . Project Completion August, 2005 Final Cost Report September, 2005 Final Assessment Hearing Fall, 2005 First Payment Due with Property Tax Statement May 15, 2006 Thomas Lake Heights/ Trails of Thomas Lake Page 8 Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 8,100 $1.15 $9,320 Type 41 Wear Course Mixture Ton 2,050 $36.00 $73,800 Bituminous Material for Tack Coat Gal. 1,100 $2.00 $2,200 Adjust Valve Box Each 6 $175.00 $1,050 Repair Valve Top Section Each 2 $275.00 $550 Adjust Frame & Ring Casting (Manhole) Each 30 $400.00 $12,000 4 -Inch Double Yellow Striping L.F. 200 $1.00 $200 Traffic Control L.S. 1 $1,000.00 $1,000 Replace Traffic & Street Signs L.S. 1 $1,900.00 $1,900 Subtotal $104,520 + 5% Contingencies $5,230 Subtotal $109,750 +30% Indirect Costs $32,930 TOTAL $142,680 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 1,000 $5.00 $5,000 D412 Concrete Curb and Gutter L.F. 1,000 $15.00 $15,000 Conc Sidewalk R & R S.F. 360 $15.00 $5,400 Adjust Frame & Ring Casting (C.B) Each 19 $300.00 $5,700 R & R Frame & Ring Casting (C.B) Each 1 $400.00 $400 Sod w/Topsoil S.Y. 300 $12.00 $3,600 Bituminous Street Patching Ton 30 $50.00 $1,500 Bituminous Driveway Patching S.Y. 100 $26.00 $2,600 Subtotal $39,200 + 5% Contingencies $1,960 Subtotal $41,160 - 30% Indirect Costs $12,350 TOTAL $53,510 PROJECT COST $196,190 I. Bituminous Street Overla Appendix A - Street Overlay - City Project No. 914 Preliminary Cost Estimate Thomas Lake Heights/ Trails of Thomas Lake Additions / /e2 Parcel Thomas Lake Heights 1st P.I.N. Lot Unit Addition - Block 1 Equivalent Assessment Total 1504 Auburn Court 10- 75950- 010 -01 1 $353 $353 1500 Auburn Court 10- 75950- 020 -01 1 $353 $353 1496 Auburn Court 10- 75950- 030 -01 1 $353 $353 1492 Auburn Court 10- 75950- 040 -01 1 $353 $353 1488 Auburn Court 10- 75950- 050 -01 1 $353 $353 1484 Auburn Court 10- 75950- 060 -01 1 $353 $353 1480 Auburn Court 10- 75950- 070 -01 1 $353 $353 1476 Auburn Court 10- 75950- 080 -01 1 $353 $353 1475 Auburn Court 10- 75950- 091 -01 1 $353 $353 1479 Auburn Court 10- 75950- 100 -01 1 $353 $353 1483 Auburn Court 10- 75950- 110 -01 1 $353 $353 1487 Auburn Court 10- 75950- 120 -01 1 $353 $353 1495 Auburn Court 10- 75950- 130 -01 1 $353 $353 1499 Auburn Court 10- 75950- 140 -01 1 $353 $353 1503 Auburn Court 10- 75950- 150 -01 1 $353 $353 1512 Clemson Court 10- 75950- 160 -01 1 $353 $353 1510 Clemson Court 10- 75950- 170 -01 1 $353 $353 1506 Clemson Court 10- 75950 - 180 -01 1 $353 $353 1502 Clemson Court 10- 75950- 190 -01 1 $353 $353 1498 Clemson Court 10- 75950- 200 -01 1 $353 $353 1494 Clemson Court 10- 75950 - 210 -01 1 $353 $353 1493 Clemson Court 10- 75950- 220 -01 1 $353 $353 1495 Clemson Court 10- 75950- 230 -01 1 $353 $353 1499 Clemson Court 10- 75950- 240 -01 1 $353 $353 1503 Clemson Court 10- 75950- 250 -01 1 $353 $353 1507 Clemson Court 10- 75950 - 260 -01 1 $353 $353 1511 Clemson Court 10- 75950- 270 -01 1 $353 $353 1513 Clemson Court 10- 75950- 280 -01 1 $353 $353 Subtotal 28 $9,884 Thomas Lake Heights 1st Addition - Block 2 1518 Clemson Drive 10- 75950- 020 -02 0.75 $353 $265 1518 Clemson Drive B 10- 75950- 030 -02 0.75 $353 $265 1520 Clemson Drive B 10- 75950- 040 -02 0.75 $353 $265 1520 Clemson Drive 10- 75950- 050 -02 0.75 $353 $265 Appendix B - City Project No. 914 Preliminary Assessment Roll Thomas Lake Heights/ Trails of Thomas Lake Additions Street Overlay ‚/3 1526 Clemson Drive 10- 75950- 060 -02 0.75 $353 $265 1526 Clemson Drive B 10- 75950- 070 -02 0.75 $353 $265 1528 Clemson Drive B 10- 75950- 080 -02 0.75 $353 $265 1528 Clemson Drive 10- 75950- 090 -02 0.75 $353 $265 1530 Clemson Drive 10- 75950- 100 -02 0.75 $353 $265 1530 Clemson Drive B 10- 75950 - 110 -02 0.75 $353 $265 1532 Clemson Drive B 10- 75950 - 120 -02 0.75 $353 $265 1532 Clemson Drive 10- 75950- 130 -02 0.75 $353 $265 1534 Clemson Drive 10- 75950 - 140 -02 0.75 $353 $265 1534 Clemson Drive B 10- 75950- 150 -02 0.75 $353 $265 1536 Clemson Drive B 10- 75950 - 160 -02 0.75 $353 $265 1536 Clemson Drive 10- 75950 - 170 -02 0.75 $353 $265 Subtotal 12 $4,236 Thomas Lake Heights 2nd Addition - Block 1 1538 Clemson Drive 10- 75951- 010 -01 0.75 $353 $265 1538 Clemson Drive B 10- 75951- 020 -01 0.75 $353 $265 1540 Clemson Drive B 10- 75951- 030 -01 0.75 $353 $265 1540 Clemson Drive 10- 75951- 040 -01 0.75 $353 $265 1542 Clemson Drive 10- 75951- 050 -01 0.75 $353 $265 1542 Clemson Drive B 10- 75951- 060 -01 0.75 $353 $265 1544 Clemson Drive B 10- 75951- 070 -01 0.75 $353 $265 1544 Clemson Drive 10- 75951- 080 -01 0.75 $353 $265 1546 Clemson Drive B 10- 75951- 090 -01 0.75 $353 $265 1548 Clemson Drive B 10- 75951- 100 -01 0.75 $353 $265 1548 Clemson Drive 10- 75951 - 110 -01 0.75 $353 $265 1546 Clemson Drive 10- 75951- 120 -01 0.75 $353 $265 1552 Clemson Drive 10- 75951 - 130 -01 0.75 $353 $265 1552 Clemson Drive B 10- 75951 - 140 -01 0.75 $353 $265 1554 Clemson Drive B 10- 75951- 150 -01 0.75 $353 $265 1554 Clemson Drive 10- 75951- 160 -01 0.75 $353 $265 1556 Clemson Drive 10- 75951- 170 -01 0.75 $353 $265 1556 Clemson Drive B 10- 75951 - 180 -01 0.75 $353 $265 1558 Clemson Drive B 10- 75951 - 190 -01 0.75 $353 $265 1558 Clemson Drive 10- 75951- 200 -01 0.75 $353 $265 1562 Clemson Drive 10- 75951- 210 -01 0.75 $353 $265 1560 Clemson Drive 10- 75951- 220 -01 0.75 $353 $265 1560 Clemson Drive B 10- 75951- 230 -01 0.75 $353 $265 1562 Clemson Drive B 10- 75951- 240 -01 0.75 $353 $265 1566 Clemson Drive 10- 75951- 250 -01 0.75 $353 $265 1564 Clemson Drive 10- 75951- 260 -01 0.75 $353 $265 1564 Clemson Drive B 10- 75951- 270 -01 0.75 $353 $265 1566 Clemson Drive B 10- 75951- 280 -01 0.75 $353 $265 1570 Clemson Drive 10- 75951- 290 -01 0.75 $353 $265 1570 Clemson Drive B 10- 75951- 300 -01 0.75 $353 $265 1572 Clemson Drive B 10- 75951- 310 -01 0.75 $353 $265 1572 Clemson Drive 10- 75951- 320 -01 0.75 $353 $265 1574 Clemson Drive 10- 75951- 330 -01 0.75 $353 $265 1574 Clemson Drive B 10- 75951- 340 -01 0.75 $353 $265 1576 Clemson Drive B 10- 75951- 350 -01 0.75 $353 $265 1576 Clemson Drive 10- 75951- 360 -01 0.75 $353 $265 1578 Clemson Drive 10- 75951- 370 -01 0.75 $353 $265 1578 Clemson Drive B 107 -5951- 380 -01 0.75 $353 $265 1580 Clemson Drive B 10- 75951- 390 -01 0.75 $353 $265 1580 Clemson Drive 10- 75951- 400 -01 0.75 $353 $265 1582 Clemson Drive 10- 75951 - 410 -01 0.75 $353 $265 1582 Clemson Drive B 10- 75951- 420 -01 0.75 $353 $265 1584 Clemson Drive B 10- 75951- 430 -01 0.75 $353 $265 1584 Clemson Drive 10- 75951- 440 -01 0.75 $353 $265 1588 Clemson Drive 10- 75951- 450 -01 0.75 $353 $265 1588 Clemson Drive B 10- 75951- 460 -01 0.75 $353 $265 1590 Clemson Drive B 10- 75951- 470 -01 0.75 $353 $265 1590 Clemson Drive 10- 75951- 480 -01 0.75 $353 $265 1592 Clemson Drive 10- 75951- 490 -01 0.75 $353 $265 1592 Clemson Drive B 10- 75951 - 500 -01 0.75 $353 $265 1594 Clemson Drive B 10- 75951 - 510 -01 0.75 $353 $265 1594 Clemson Drive 10- 75951 - 520 -01 0.75 $353 $265 1596 Clemson Drive 10- 75951 - 530 -01 0.75 $353 $265 1596 Clemson Drive B 10- 75951 - 540 -01 0.75 $353 $265 1598 Clemson Drive B 10- 75951 - 550 -01 0.75 $353 $265 1598 Clemson Drive 10- 75951 - 560 -01 0.75 $353 $265 1600 Clemson Drive 10- 75951 - 570 -01 0.75 $353 $265 1600 Clemson Drive B 10- 75951 - 580 -01 0.75 $353 $265 1602 Clemson Drive B 10- 75951 - 590 -01 0.75 $353 $265 1602 Clemson Drive 10- 75951- 600 -01 0.75 $353 $265 1604 Clemson Drive 10- 75951- 610 -01 0.75 $353 $265 1604 Clemson Drive B 10- 75951- 620 -01 0.75 $353 $265 1606 Clemson Drive B 10- 75951- 630 -01 0.75 $353 $265 1606 Clemson Drive 10- 75951- 640 -01 0.75 $353 $265 Subtotal 48 $16,944 Thomas Lake Heights 2nd Addition - Block 2 1569 Baylor Court B 10- 75951 - 010 -02 0.75 $353 $265 1569 Baylor Court 10- 75951- 020 -02 0.75 $353 $265 1571 Baylor Court 10- 75951- 030 -02 0.75 $353 $265 1571 Baylor Court B 10- 75951- 040 -02 0.75 $353 $265 1575 Baylor Court B 10- 75951- 050 -02 0.75 $353 $265 1575 Baylor Court 10- 75951- 060 -02 0.75 $353 $265 1577 Baylor Court 10- 75951- 070 -02 0.75 . $353 $265 1577 Baylor Court B 10- 75951- 080 -02 0.75 $353 $265 /i s 1566 Baylor Court 10- 75951- 090 -02 0.75 $353 $265 1566 Baylor Court B 10- 75951 - 100 -02 0.75 $353 $265 1568 Baylor Court B 10- 75951- 110 -02 0.75 $353 $265 1568 Baylor Court 10- 75951 - 120 -02 0.75 $353 $265 1560 Baylor Court 10- 75951- 130 -02 0.75 $353 $265 1560 Baylor Court B 10- 75951 - 140 -02 0.75 $353 $265 1564 Baylor Court B 10- 75951 - 150 -02 0.75 $353 $265 1564 Baylor Court 10- 75951 - 160 -02 0.75 $353 $265 1556 Baylor Court 10- 75951 - 170 -02 0.75 $353 $265 1556 Baylor Court B 10- 75951- 180 -02 0.75 $353 $265 1558 Baylor Court B 10- 75951 - 190 -02 0.75 $353 $265 1558 Baylor Court 10- 75951- 200 -02 0.75 $353 $265 1542 Baylor Court 10- 75951- 210 -02 0.75 $353 $265 1543 Clemson Drive 10- 75951- 220 -02 0.75 $353 $265 1543 Clemson Drive B 10- 75951- 230 -02 0.75 $353 $265 1546 Baylor Court 10- 75951- 240 -02 0.75 $353 $265 1545 Clemson Drive 10- 75951- 250 -02 0.75 $353 $265 1547 Clemson Drive 10- 75951- 260 -02 0.75 $353 $265 1547 Clemson Drive B 10- 75951- 270 -02 0.75 $353 $265 1545 Clemson Drive B 10- 75951- 280 -02 0.75 $353 $265 1555 Clemson Drive 10- 75951- 290 -02 0.75 $353 $265 1557 Clemson Drive 10- 75951- 300 -02 0.75 $353 $265 1557 Clemson Drive B 10- 75951- 310 -02 0.75 $353 $265 1555 Clemson Drive B 10- 75951- 320 -02 0.75 $353 $265 1565 Clemson Drive 10- 75951- 330 -02 0.75 $353 $265 1569 Clemson Drive 10- 75951- 340 -02 0.75 $353 $265 1569 Clemson Drive B 10- 75951- 350 -02 0.75 $353 $265 1565 Clemson Drive B 10- 75951- 360 -02 0.75 $353 $265 1571 Clemson Drive 10- 75951- 370 -02 0.75 $353 $265 1573 Clemson Drive 10- 75951- 380 -02 0.75 $353 $265 1575 Clemson Drive 10- 75951- 390 -02 0.75 $353 $265 1575 Clemson Drive B 10- 75951- 400 -02 0.75 $353 $265 1577 Clemson Drive B 10- 75951- 410 -02 0.75 $353 $265 1577 Clemson Drive 10- 75951- 420 -02 0.75 $353 $265 1579 Clemson Drive 10- 75951- 430 -02 0.75 $353 $265 1579 Clemson Drive B 10- 75951- 440 -02 0.75 $353 $265 1581 Clemson Drive B 10- 75951- 450 -02 0.75 $353 $265 1581 Clemson Drive 10- 75951- 460 -02 0.75 $353 $265 1583 Clemson Drive 10- 75951- 470 -02 0.75 $353 $265 1583 Clemson Drive B 10- 75951- 480 -02 0.75 $353 $265 1585 Clemson Drive B 10- 75951- 490 -02 0.75 $353 $265 1585 Clemson Drive 10- 75951 - 500 -02 0.75 $353 $265 1587 Clemson Drive 10- 75951 - 510 -02 0.75 $353 $265 1587 Clemson Drive B 10- 75951 - 520 -02 0.75 $353 $265 1589 Clemson Drive B 10- 75951 - 530 -02 0.75 $353 $265 1589 Clemson Drive 10- 75951 - 540 -02 0.75 $353 $265 //6 1591 Clemson Drive 10- 75951 - 550 -02 0.75 $353 $265 1593 Clemson Drive 107 - 5951 - 560 -02 0.75 $353 $265 1597 Clemson Drive B 10- 75951 - 570 -02 0.75 $353 $265 1597 Clemson Drive 10- 75951 - 580 -02 0.75 $353 $265 1599 Clemson Drive 10- 75951 - 590 -02 0.75 $353 $265 1599 Clemson Drive B 10- 75951- 600 -02 0.75 $353 $265 1601 Clemson Drive B 10- 75951- 610 -02 0.75 $353 $265 1601 Clemson Drive 10- 75951- 620 -02 0.75 $353 $265 1603 Clemson Drive 10- 75951- 630 -02 0.75 $353 $265 1603 Clemson Drive B 10- 75951- 640 -02 0.75 $353 $265 1605 Clemson Drive 10- 75951- 650 -02 0.75 $353 $265 1605 Clemson Drive B 10- 75951- 680 -02 0.75 $353 $265 1607 Clemson Drive 10- 75951- 660 -02 0.75 $353 $265 1607 Clemson Drive B 10- 75951- 670 -02 0.75 $353 $265 Subtotal 51 $18,003 Thomas Lake Hei ' hts 1st A ddition - Block 3 1515 Clemson Drive B 10- 75950- 020 -03 0.75 $353 $265 1515 Clemson Drive 10- 75950- 030 -03 0.75 $353 $265 1517 Clemson Drive 10- 75950- 040 -03 0.75 $353 $265 1517 Clemson Drive B 10- 75950- 050 -03 0.75 $353 $265 1519 Clemson Drive B 10- 75950- 060 -03 0.75 $353 $265 1519 Clemson Drive 10- 75950- 070 -03 0.75 $353 $265 1521 Clemson Drive 10- 75950- 080 -03 0.75 $353 $265 1521 Clemson Drive B 10- 75950- 090 -03 0.75 $353 $265 1523 Clemson Drive B 10- 75950- 100 -03 0.75 $353 $265 1523 Clemson Drive 10- 75950 - 110 -03 0.75 $353 $265 1525 Clemson Drive 10- 75950- 120 -03 0.75 $353 $265 1525 Clemson Drive B 10- 75950- 130 -03 0.75 $353 $265 1527 Clemson Drive B 10- 75950 - 140 -03 0.75 $353 $265 1527 Clemson Drive 10- 75950 - 150 -03 0.75 $353 $265 1529 Clemson Drive 10- 75950- 160 -03 0.75 $353 $265 1529 Clemson Drive B 10- 75950- 170 -03 0.75 $353 $265 1531 Clemson Drive B 10- 75950 - 180 -03 0.75 $353 $265 1531 Clemson Drive 10- 75950- 190 -03 0.75 $353 $265 1533 Clemson Drive 10- 75950- 200 -03 0.75 $353 $265 1533 Clemson Drive B 10- 75950 - 210 -03 0.75 $353 $265 1535 Clemson Drive B 10- 75950- 220 -03 0.75 $353 $265 1535 Clemson Drive 10- 75950- 230 -03 0.75 $353 $265 1537 Clemson Drive B 10- 75950- 250 -03 0.75 $353 $265 1537 Clemson Drive 10- 75950- 240 -03 0.75 $353 $265 Subtotal The Trails of Thomas Lake 1st Addition - Block 1 18 $6,354 1608 Clemson Drive 10- 75865- 010 -01 0.75 $353 $265 '/ 1608 Clemson Drive B 10- 75865- 020 -01 0.75 $353 $265 1610 Clemson Drive B 10- 75865- 030 -01 0.75 $353 $265 1610 Clemson Drive 10- 75865- 040 -01 0.75 $353 $265 1612 Clemson Drive 10- 75865- 050 -01 0.75 $353 $265 1612 Clemson Drive B 10- 75865- 060 -01 0.75 $353 $265 1614 Clemson Drive B 10- 75865- 070 -01 0.75 $353 $265 1614 Clemson Drive 10- 75865- 080 -01 0.75 $353 $265 1616 Clemson Drive 10- 75865- 090 -01 0.75 $353 $265 1616 Clemson Drive B 10- 75865- 100 -01 0.75 $353 $265 1618 Clemson Drive B 10- 75865 - 110 -01 0.75 $353 $265 1618 Clemson Drive 10- 75865- 120 -01 0.75 $353 $265 Subtotal 9 $3,177 The Trails of Thomas Lake 1st Addition - Block 2 1617 Clemson Drive 10- 75865- 010 -02 0.75 $353 $265 1617 Clemson Drive B 10- 75865- 020 -02 0.75 $353 $265 4319 Clemson Circle B 10- 75865- 030 -02 0.75 $353 $265 4319 Clemson Circle 10- 75865- 040 -02 0.75 $353 $265 4317 Clemson Circle 10- 75865- 050 -02 0.75 $353 $265 4317 Clemson Circle B 10- 75865- 060 -02 0.75 $353 $265 4315 Clemson Circle B 10- 75865- 070 -02 0.75 $353 $265 4315 Clemson Circle 10- 75865 - 080 -02 0.75 $353 $265 4313 Clemson Circle 10- 75865- 090 -02 0.75 $353 $265 4313 Clemson Circle B 10- 75865- 100 -02 0.75 $353 $265 4311 Clemson Circle B 10- 75865 - 110 -02 0.75 $353 $265 4311 Clemson Circle 10- 75865- 120 -02 0.75 $353 $265 4309 Clemson Circle 10- 75865 - 130 -02 0.75 $353 $265 4309 Clemson Circle B 10- 75865 - 140 -02 0.75 $353 $265 4307 Clemson Circle B 10- 75865- 150 -02 0.75 $353 $265 4307 Clemson Circle 10- 75865- 160 -02 0.75 $353 $265 4305 Clemson Circle 10- 75865- 170 -02 0.75 $353 $265 4305 Clemson Circle B 10- 75865- 180 -02 0.75 $353 $265 4303 Clemson Circle B 10- 75865- 190 -02 0.75 $353 $265 4303 Clemson Circle 10- 75865- 200 -02 0.75 $353 $265 4301 Clemson Circle 10- 75865- 210 -02 0.75 $353 $265 4301 Clemson Circle B 10- 75865- 220 -02 0.75 $353 $265 4300 Clemson Circle B 10- 75865- 230 -02 0.75 $353 $265 4300 Clemson Circle 10- 75865- 240 -02 0.75 $353 $265 4302 Clemson Circle 10- 75865- 250 -02 0.75 $353 $265 4302 Clemson Circle B 10- 75865- 260 -02 0.75 $353 $265 4304 Clemson Circle B 10- 75865- 270 -02 0.75 $353 $265 4304 Clemson Circle 10- 75865- 280 -02 0.75 $353 $265 4306 Clemson Circle 10- 75865- 290 -02 0.75 $353 $265 4306 Clemson Circle B 10- 75865- 300 -02 0.75 $353 $265 4308 Clemson Circle B 10- 75865 - 310 -02 0.75 $353 $265 4308 Clemson Circle 10- 75865- 320 -02 0.75 $353 $265 4310 Clemson Circle 10- 75865- 330 -02 0.75 $353 $265 4310 Clemson Circle B 10- 75865- 340 -02 0.75 $353 $265 4312 Clemson Circle B 10- 75865- 350 -02 0.75 $353 $265 4312 Clemson Circle 10- 75865- 360 -02 0.75 $353 $265 4314 Clemson Circle 10- 75865- 370 -02 0.75 $353 $265 4314 Clemson Circle B 10- 75865- 380 -02 0.75 $353 $265 4316 Clemson Circle B 10- 75865- 390 -02 0.75 $353 $265 4316 Clemson Circle 10- 75865- 400 -02 0.75 $353 $265 4318 Clemson Circle 10- 75865- 410 -02 0.75 $353 $265 4318 Clemson Circle B 10- 75865- 420 -02 0.75 $353 $265 1613 Clemson Drive B 10- 75865- 430 -02 0.75 $353 $265 1613 Clemson Drive 10- 75865- 440 -02 0.75 $353 $265 1615 Clemson Drive 10- 75865- 450 -02 0.75 $353 $265 1615 Clemson Drive B 10- 75865- 460 -02 0.75 $353 $265 1609 Clemson Drive 10- 75865- 470 -02 0.75 $353 $265 1609 Clemson Drive B 10- 75865- 480 -02 0.75 $353 $265 Subtotal 36 $12,708 Single - Family Lot Equivalents Single Family 28 Townhomes 174 Lot Equivalents (232 Total) Total 202 TOTAL ASSESSMENT $71,340 G:Feasibility Reports2005 \914_ThomasLake /location mop iao Project Location �I ti 10 -18 -04 c 3'' City of Eagan Thomas Lake Heights / Trails of Thomas Lake Additions Location Map City Project - 914 Fig. 1 Highline Trail w N DIFFLEY ROAD G:Feasibility Reports2005\ Proj914Thomos_Loke \Streetimprov NMI WWII LEGEND ASSESSMENT AREA STREET IMPROVEMENTS 10 -11 -04 c 3s City of Eagan Thomas Lake Heights / Trails of Thomas Lake Additions Street Improvements / Area Assessment Map City Project 914 Fig. 2 EDGE MILL (6' -8' wide) Typ. 60' ROW 32' (F —F) 3" BITUMINOUS SURFACE 12" CL. 5 AGGREGATE BASE Existing Typical Section 60' ROW 32' (F —F) 11/2" TYPE 41 BITUMINOUS OVERLAY G: FeasibilityReports2005 \Thomos Lake 914 \typical sections BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 12" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed pica) Section EX. D412 CURB & GUTTER REPLACE EX. CURB & GUTTER AS DIRECTED 10 -11 -04 City of Eagan Typical Sections - Project 914 Thomas Lake Heigh - 1 Trails of Thomas Lake Additions Fig.3 CITY PROJECT NO 914 INFORMATIONAL NEIGHBORHOOD MEETING TRAILS OF THOMAS LAKE/ THOMAS LAKE HEIGHTS STREET IMPROVEMENTS THURSDAY, DECEMBER 2, 2004 7:00 P.M. COMMUNITY ROOM Attendance: John Gorder, Assistant City Engineer, 2 residents representing 2 properties (see attached sign -in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • Will the contractor be able to replace our townhome association driveways if we contracted privately with them? The contractors we deal with generally prefer not to do that type of work. They prefer to stay within the public street, but sometime have another contractor they work with closely that may be available to perform that work. The residents are welcome to contact the contractors to discuss this possibility, if they wish. • How is the curb & gutter replacement determined? City staff walks the curb lines, preferably after a rainfall, to determine which portions of curb are to be replaced due to severe cracking or poor drainage. The meeting adjourned at 7:15 p.m. F: \GROUP\ENGINEER\Russ Matthys \'04\Misc\Minutes - 914 Trails- Thomas Lk etal.doc is 3 THURSDAY, DECEMBER 2, 2004 — 7:00 P.M. NAME ADDRESS 1. 1 FJ 15 i Cs! / v 2. n ) ✓/c nT 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G: FORMS /SIGN- IN.Sheet NEIGHBORHOOD MEETING THOMAS LAKE HEIGHTS ADDN PROJECT 914 /0) Agenda Memo December 6, 2004 City Council Meeting VIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE DIRECTION TO BE CONSIDERED: There is no action to be considered at this time. This item is for information only. BACKGROUND: • Per the request of the Council, an agenda item has been added for the purpose of providing an update on the discussions regarding the Caponi property. • Enclosed are the meeting notes from the December 1, 2004 stakeholders committee meeting. ATTACHMENTS: • Enclosed on pages ).?and are the meeting notes from the December 1, 2004 Caponi Stakeholders meeting. has CAPONI STAKEHOLDERS MEETING Notes of the meeting of Wednesday, December 1, 2004 Attendees Tony and Cherryl Caponi Bob McGillivray, Trust for Public Land Gene VanOverbeke, City Director of Administrative Services Al Singer, Dakota County Ken Vraa, Consultant for the City Paul Olson, City of Eagan Notes: • The status of each of the required agreements was reviewed; 1. Maintenance Agreement; Dick S and Mike D are collaborating on the final version 2. Business Plan; Completed by the CAP 3. Operating Agreement; Dick S and Mike D are collaborating on the final version 4. Purchase Agreement; Mike D is reviewing, this may run concurrent with the MOU 5. Resource Management Plan; City staff is nearing completion of the second draft. County easement are predicated on the acceptance of the plan. 6. Conservation Easements; Mike D will be reviewing a draft provided by Dakota County for the south 20. Steve Cox of CAP is drafting an easement for the north 20. 7. Memo of Understanding (MOU); The issue generated significant discussion, see below • The MOU generated considerable discussion. The most recent draft was e- mailed to members on 11/30. Mike D will be reviewing the document and contacting Dick S for clarification and refinement. The direction from the Council Caponi Sub- committee (CCSc) has been that the an agreement in principal be reached between the attorneys, followed by the Caponi's signing the agreement, at which time it would be forwarded to the CCSc for review prior to presentation to the Council for action. Some of the issues requiring resolution include, platting of the property and assessments. The Caponi's and TPL are hopeful that action can be taken no later than December 13. The Caponi's are requesting that a meeting with the CCSc take place at the earliest possible date, hopefully, prior to the 13` • The County Attorney has expressed the unofficial opinion that a PUD may not be sufficient to ensure protection of the property in perpetuity. City staff is of the opinion that a PUD offers sufficient protection and may in fact negate the need for additional protective covenants and easements thereby hastening the process. The City Attorney and staff will continue to proceed in accordance with the direction given by the CCSc. • Staff provided clarification of the need to subdivide and plat the property versus splitting the parcels. This being consistent with City policy and the direction of the CCSc. • A request from TPL to waive the application fees will be presented to the Council on the 12/13/04 Council agenda. • Al stated that the County would not be concerned for the installation of a future sanitary sewer through the easements provided it followed the alignment of an existing trail. The City will prepare a map of the current trails. • TPL, Dakota County and the Caponi's expressed concern over impending deadlines. The Caponi's need an expression/clarification from the City of its commitment, to help facilitate the receipt of grant funds. The TPL option on the property expires on Jan 23, with a closing to occur within 60 days thereafter. This would require the City to agree to a purchase agreement. A County committee is scheduled to review progress on the grant on December 14. • Tom Hedges has indicated a willingness to prepare a letter clarifying that the City remains interested in exploring options for partnering on the project (not a final commitment). This would only be prepared as a demonstration of good faith, if Council action has not been taken, to meet Caponi and County needs. The Caponi's will prepare some possible "bullet points" for the letter. • The Caponi's shared a new concept whereby they gain some protection regarding their land gift, in the event the CAP is unable to raise the funds necessary to complete the full acquisition. The City Attorney and staff will be reviewing the proposal and the potential implications it may have in regard to the City desire to protect the full 60 acres as an art park.. • The next meeting is scheduled for 9:30, Wednesday, December 8 Conference Rooms 1A & B (lower level) —note the new time. /a7