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
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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.
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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.
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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., -
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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.
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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
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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.,
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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
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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
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0)
4619
N ORTH
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rr ar ty ,,
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4623
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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
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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
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NOTE: THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN
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NOTE BEARINGS SHOVM ARE BASED ON AN ASSUMED DATUM
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IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT AS SHOWN, AS SURVEYED BY ME OR
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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�.
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I` „ss RUN RD.
ig•ift
G:Feasibility Reports2005 \912_Location_Map
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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
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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.
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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