Loading...
10/17/2017 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING OCTOBER 17, 2017 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. REJECT all Proposals for the Sale of Fire Station #1 and Authorize Pursuit of New Proposals for the Sale of Fire Station #1 F. APPROVE resolution scheduling a Public Hearing for November 21, 2017 on an amendment to the 2016-2020 Facilities Capital Improvement Plan and on intent to issue capital improvement bonds G. Item removed H. AWARD Contract 17-06, Citywide Digital Radio System Replacement I. APPROVE Final Payment, Contract 17-12, Manhole Sealing J. AWARD Contract 17-24, Well #4 Rehabilitation K. APPROVE Water Quality Cost-Share Agreement with Randy & Mary Kay Twito (3828 Hunters Overlook) L. Item removed M. APPROVE Final Plat – Nader First Addition N. DIRECT Preparation of an Ordinance Amendment to City Code Chapter 5 regarding alcohol licensing for Lots 1 & 2, Block 1, Viking Lakes O. APPROVE Final Planned Development – Aldi P. APPROVE Preliminary Subdivision - Viking Lakes 2nd Addition - A Preliminary Subdivision of approximately 60 acres to create 7 lots located at 2600 Vikings Circle Q. APPROVE Final Subdivision- Yankee Doodle Professional Building Second Addition R. APPROVE Indefeasible Right to Use (IRU) Fiber Optic Agreement with Dakota County for three separate segments within Eagan V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS A. CONSIDER Appeal of Right-Of-Way Permit Denial VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT Memo To: Honorable Mayor and City Council Members From: City Administrator Osberg Date: October 13, 2017 Subject: Agenda Information for October 17, 2017 City Council Meeting ADOPT AGENDA After approval is given to the October 17, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 17, 2017 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of October 3, 2017 regular City Council meeting as presented or modified. Attachments: (1) CA-1 October 3, 2017 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 3, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, October 3, 2017 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, Director of Community Development Hutmacher, City Planner Ridley, Public Works Director Matthys, Parks & Recreation Director Pimental, Deputy Police Chief New, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION Communications Director Garrison thanked the Fire and Police Honor Guard for presenting the colors. He gave a brief presentation and showed a video regarding the new logo, and shared with the City Council the first printed pieces with the new brand identify system. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the September 19 regular City Council meeting, as presented. B. Personnel Items: 1. It was recommended to accept the retirement of Kurt Schlegel, Streets Maintenance Supervisor and authorize the recruitment and replacement of this position. 2. It was recommended to authorize the hiring of the William Cobbett, Landscape Crew. 3. It was recommended to approve an agreement with Met Law, an affiliate of Met Life, to offer a voluntary legal benefit to eligible employees. 4. It was recommended to authorize the hiring of two Police Officers, to be named. 5. It was recommended to authorize reclassification of Videographer, Campus Facility Operations Supervisor, Rental Coordinator, Campus Facilities Manager, Custodian/Building Maintenance, Senior/GIS Specialist to Planner/GIS Specialist, Parks Maintenance Supervisor and Office Supervisor positions per the Springsted Compensation Study. 6. It was recommended to authorize a request for proposal to seek bids for Dental Insurance. City Council Meeting Minutes October 3, 2017 2 page 7. It was recommended to authorize/acknowledge military leave for George Wexler, SLETA Police Officer. C. It was recommended to ratify the check registers dated September 15 and 29, 2017. D. It was recommended to approve the ordinary and customary contracts from Michael Neisius, Nancy Raddatz Dance Studio, Bandon C Fay D.B.A. WPV, and Minnesota Park. E. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 6.39 regarding massage therapy regulations. F. It was recommended to adopt a resolution approving a Premise Permit for the Prior Lake-Savage Hockey Association to conduct lawful gambling at Axel’s Bonfire, 1555 Cliff Road. G. It was recommended to approve an On-Sale Liquor and Sunday License for Frank Eagan LLC doing business as R Taco, located at 3345 Central Park Village Drive. H. It was recommended to approve the final payment for Contract 17-04 (Fitz Lake/Ponds LP- 26.3/26.5 improvements) in the amount of $8,000.00 to Alcon Construction, Inc., and terminate Contract 17-04 with Alcon Construction Inc. I. It was recommended to approve a resolution in support of Dakota County’s draft 5-year Transportation Capital Improvement Program for 2018-2022. J. It was recommended to receive the petition to vacate portions of public drainage and utility and sidewalks, trailway and snow storage easements on Lot 1, Block 1, Eagan Place 4th Addition and schedule a public hearing to be held on November 6, 2017. K. It was recommended to approve a Change Order No. 9 for Contract 16-04 (Central Maintenance Facility Renovations) and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the final payment for Contract 16-04 (Central Maintenance Facility Renovations) in the amount of $357,748.67 to Ebert Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. M. It was recommended to approve Change Order No. 1 for Contract 16-21 (Central Area Street Light Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve a Cost Share, Operation and Maintenance Agreement with Robert and Gloria Levine (3719 Denmark Court West) for a Shoreland and Upland Buffer Project at City Pond JP-15 (adjacent to Fish Lake) through the Water Quality Cost-Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to authorize submittal of a grant application for $7,200 to Dakota County to control an aquatic invasive species (AIS) in Holz Lake and to conduct AIS prevention activities and related public education and outreach in southeast Eagan. P. Item was removed. Q. It was recommended to approve a Conditional Use Permit for outdoor storage of a storage silo on property located at 940 Lone Oak Road, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The silo shall be maintained at the specified location on the Site Plan received August 29, 2017. R. It was recommended to adopt the 5-year Capital Improvement Plan for Parks (2018-2022) as presented to City Council on Tuesday, September 12, 2017, and authorize the initiation of the public improvement process for the 2018 programmed improvements. S. It was recommended to accept the resignation of Advisory Planning Commission member Matthew Woebke. City Council Meeting Minutes October 3, 2017 3 page T. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 1, Block 1, Schindeldecker 4th Addition and Outlot D, Galaxie Cliff Plaza, as well as recorded by Easement Document 115260, and schedule a public hearing to be held on November 6, 2017. U. Item was removed. V. It was recommended to approve the Fair and Impartial Policing Agreement, wich would enable the Eagan Police Officers to access copyrighted training material. PUBLIC HEARINGS Final Assessments for Project 1227, Cedar Industrial Park Project 1228, Woodgate 2nd Addition, Project 1234, Gopher Eagan Industiral Park (Kutoff Court) Project 1235, Halley’s 1st Addition (Biscayne Avenue) Street Improvements Public Works Director Matthys gave an overview of Projects 1227, 1228, 1234, and 1235. He noted the Final Assessment Roll was presented to the City Council on September 5, 2017, with a public hearing scheduled for October 3, 2017 to formally present the final costs associated with this public improvement to the affected benefitting properties. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember moved Tilley, Councilmember Bakken seconded a motion to close the public hearing and approve the Final Assessment Rolls for Project 1227, Cedar Industrial Park, Project 1228, Woodgate 2nd Addition, Project 1234, Gopher Eagan Industrial Park (Kutoff Court), and Project 1235, Halley’s 1st Addition (Biscayne Avenue) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Lots 1 & 2, Block 1, Viking Lakes Easement Vacation Public Works Director Matthys provided a location map. He noted the action to be considered is to close the Public Hearing and continue consideration of the vacation of public drainage and utility easements on Lots 1 & 2, Block 1, Viking Lakes. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and continue consideration of the vacation of public drainage and utility easements on Lots 1 & 2, Block 1, Viking Lakes. Aye: 5 Nay: 0 City Council Meeting Minutes October 3, 2017 4 page Outlot B, Viking Lakes Easement Vacation for Public Works Director Matthys noted the action to be considered is to close the Public Hearing and continue consideration of the vacation of public drainage and utility easements on Outlot B, Viking Lakes. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and continue consideration of the vacation of public drainage and utility easements on Outlot B, Viking Lakes. Aye: 5 Nay: 0 OLD BUSINESS Contract 17-21, Central Maintenance Facility Landscaping and Noise Mitigation City Administrator Osberg introduced the item noting there are two options for the Council to consider when awarding the contract to Urban Companies either: 1) Base Bid in the amount of $50,970.00 (landscaping) and $5,600.00 for spading of Black Hills Spruce, or 2) Base Bid and Alternate Bid in the amount of $236,970.00, adding in the noise wall. On September 19, the Public Works Committee met for an update on the landscaping and noise mitigation considerations for the Central Maintenance Facility. Osberg noted at the conclusion of the meeting, the Committee recommended awarding the landscape bid and an additional landscape contract for large Black Hills Spruce. Public Works Director Matthys gave a staff report. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Field moved, Councilmember Tilley seconded a motion to receive the bids for Contract 17-21 (Central Maintenance Facility – Landscaping and Noise Mitigation), and award a contract to Urban Companies for the base bid in the amount of $50,970.00 (landscaping) and $5,600.00 for spading of Black Hills Spruce (12’) by others, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 NEW BUSINESS There was no new business to be heard LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There was no administrative agenda to be heard. City Council Meeting Minutes October 3, 2017 5 page VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:02 p.m. Aye: 5 Nay: 0 _______ Date ______ Mayor _______ City Clerk Agenda Information Memo October 17, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel ITEM 1. Action To Be Considered: Accept the resignation of George Wexler, Police Officer, and authorize the recruitment and replacement of this position. ITEM 2. Action To Be Considered: Accept the resignation of Samwel Ombuki, Overnight ECC Custodian, and authorize the recruitment and replacement of this position. ITEM 3. Action To Be Considered: Authorize the hiring of an Overnight ECC Custodian, to be named. ITEM 4. Action To Be Considered: Authorize the hiring of a Streets Maintenance Worker, to be named. Facts:  This position was approved for recruitment and replacement on 7/5/17 per Council action. ITEM 5. Action To Be Considered: Accept the resignation of the following Seasonal Staff: ABBOTT, JACOB R LIFEGUARD ALVA, BENJAMIN H LIFEGUARD AMAYA, ALEXIS A LIFEGUARD ANCHETA, STANLEY K LIFEGUARD ANDERSON, AMOS P LIFEGUARD ANDERSON, ELLEN M LIFEGUARD ANDERSON, MEGAN M LIFEGUARD ANDERSON, TREVOR T POOL ATTENDANT BAGLEY, MIKAELA P CASCADE BAY COORIDINATOR BAKER, ASHLEY C GUEST RELATIONS BARTON, ANNA K GUEST RELATIONS BOIKE, LAUREN E POOL ATTENDANT BONDHUS, LEANNE K FITNESS INSTRUCTOR BORDSON, NATHAN W POOL ATTENDANT BOSSHARDT, JACK D GUEST RELATIONS BOSSHARDT, JOSEPH W GUEST RELATIONS BROMAN, ELI R LIFEGUARD BROWN, COLLIN REC ASSISTANT BROWN, JOSHUA C LIFEGUARD BROWN, SARA J LIFEGUARD BUDKA, STEVEN R GUEST RELATIONS CARLSON, ALANNA LIFEGUARD CARLSON, PAIGE E LIFEGUARD CHALMERS, COLLIN E POOL ATTENDANT CHRISTIANSON, LAUREN E POOL ATTENDANT CLARK, THOMAS T SOUND TECH COLLINS, PATRICK J LIFEGUARD COLLINS, SARAH M LIFEGUARD CRANDELL, CASSANDRA H LIFEGUARD DAHLGREN, MADISON K LIFEGUARD DALEY, STEPHANIE M LIFEGUARD DAVIS, ALEXANDER CE LIFEGUARD DAWSON, JARED E LIFEGUARD DETTMER, ABIGAIL M LIFEGUARD DITOLLA, ABIGAIL K CIVIC ARENA BUILDING ATTENDANT DOURGARIAN, THOMAS A GUEST RELATIONS DUNCAN, MACKENZIE L LIFEGUARD DURAND, CLARE M REC LEADER DURIG, ALIONA F GUEST RELATIONS DYCK, JORDAN B LIFEGUARD ENGDAHL, ETHAN M PARK MAINTENANCE ENGELMANN, KAYLIN K GUEST RELATIONS ERICKSON, ANDREW C GUEST RELATIONS FELTY, MORGYN C LIFEGUARD FOGELBERG, JACK J PARK LABORER FOLLETT DION, TIMOTHY E REC ASSISTANT FOSTER, SHELBIE A LIFEGUARD FRIEL, ETHAN L LIFEGUARD FRITZ, VIRGINIA C REC LEADER GARIN, PATRICK M CASCADE BAY COORIDINATOR GERGEN, CALLAHAN J LIFEGUARD GILLARD, ALEXANDER LIFEGUARD GOETZ, SAMUEL J SITE COORDINATOR GRAY, EVAN E LIFEGUARD GROUNDS, PATRICK K LIFEGUARD GRUBB, RACHEL M LIFEGUARD HAIDER, SADAF H FITNESS INSTRUCTOR HAMMER, ABIGAIL K POOL ATTENDANT HARFORD, LINDSEY M LIFEGUARD HARMS, JACOB A GUEST RELATIONS HARRIS, JASON J GUEST RELATIONS HART, ASHLEE R LIFEGUARD HASTINGS, WILLIAM J CUSTODIAN ECC HEDDINGER, ERIC W LIFEGUARD HEISLER, CHRISTA A LIFEGUARD HELD, KENDRA M LIFEGUARD HODGEN, ALLISON M POOL ATTENDANT HOFSTAD, IZAK L GUEST RELATIONS HOLM, JOEL D LIFEGUARD HONCHARENKO, KIRSTIN J GUEST RELATIONS HONCHARENKO, MARCUS LANDSCAPE CREW HONKANEN, KYRA L SITE COORDINATOR HOWE, ELENA L LIFEGUARD HUUSKO, TYLER R LIFEGUARD IKENS, BRUCE S LIFEGUARD IKENS, CALVIN J LIFEGUARD JONAS, GRETA D REC LEADER KEMPER, JOANN F LANDSCAPE CREW KINNY, JASON REC LEADER KNUTSON, RACHEL A LIFEGUARD KOHN, AMY S FITNESS INSTRUCTOR KONG, ALEXANDER W CASCADE BAY COORIDINATOR KOSEL, BENJAMIN A LANDSCAPE CREW KRANZ, OLIVIA M REC LEADER KRUEGER, THOMAS D REC LEADER KUGLER, GRETA L REC ASSISTANT LARSEN, MEGAN M REC LEADER LARSON, KELLY J POOL ATTENDANT LATHAM, JENNA M PARK MAINTENANCE LEE, NATHAN J LIFEGUARD LEMKE, PARKER D LIFEGUARD MARSHALL, DANIELLE R REC LEADER MARTIN, MAKENZIE M POOL ATTENDANT MCKEOWN, REID P REC ASSISTANT MERRITT, MARA A LIFEGUARD MIES, MARGARET E POOL ATTENDANT MILLER, ANDREW M LIFEGUARD MILLER, LANCE J PARK LABORER MILLER, LINDSAY A LIFEGUARD MILLS, JOSEPH M REC ASSISTANT MORSE, DAVID I LANDSCAPE CREW MORSE, MATTHEW E LANDSCAPE CREW MURPHY, MEGAN M LIFEGUARD NELSON, GRETCHEN L CASCADE BAY COORIDINATOR NGUYEN, VICTORIA T LIFEGUARD OLSON, ANDERS SF POOL ATTENDANT OLSON, MADELINE R LIFEGUARD OLSON, MARY K LIFEGUARD OLSON, MEGAN E GUEST RELATIONS PAGOIS, RYAN T REC LEADER PAVELKA, AYLA M LIFEGUARD PEIFER, ISAAC R REC ASSISTANT PERRIZO, TYLER J LIFEGUARD POPPLER, ELLIE M POOL ATTENDANT POWELL, CHARLES C REC ASSISTANT PRICE, TODD M LIFEGUARD PROPSON, AARON M REC ASSISTANT RADICHEL, GRACEANNE R LIFEGUARD RAPP, ALANNAH E LIFEGUARD RICHARDS, KATHLEEN R LIFEGUARD RIESGRAF, CLAIRE REC LEADER ROBERGE, MOLLY M LIFEGUARD ROLFZEN, JAY J LIFEGUARD RYAN, KAYLA L REC LEADER SARNE, ANTHONY J PARK LABORER SASS, JILLIAN L LIFEGUARD SAUNDERS, EMMA M LIFEGUARD SAVAGE, MARIAH L REC LEADER SCHLIEMANN, HANNAH J LIFEGUARD SCHMITT, CAITLYN R POOL ATTENDANT SCHNICHELS, COLE R GUEST RELATIONS SCHROEDER, HANNA G LIFEGUARD SCHWARTZ, CAROLYN A REC ASSISTANT SCOVIL, RYAN J LIFEGUARD SHEAHAN, KATHRYN A REC ASSISTANT SHUB, TAL LIFEGUARD SIMPSON, NOAH T PARK MAINTENANCE SJOBERG, GRACE M GUEST RELATIONS SKOOG, SAMILYN A LIFEGUARD SKORA, NICOLE M FITNESS INSTRUCTOR SKOVIERA, ETHAN M LIFEGUARD SMOKEWOOD, EMILY A POOL ATTENDANT SMULSKI, KELSEY M GUEST RELATIONS SORENSON, BEN H STREET MAINTENANCE STEGER, RYAN J LIFEGUARD STMARTIN, BENJAMIN A PARK MAINTENANCE STRANIK, GRACE E POOL ATTENDANT STROBEL, JOSEPH D LIFEGUARD SULISTYO, INGRID LIFEGUARD THISSEN, SEAN M POOL ATTENDANT TIFRE, ISABEL R LIFEGUARD TOENGES, GRANT M LIFEGUARD TROJACK, ERICA M LIFEGUARD UHLMANSIEK, ZION SOUND TECHNICIAN VALLIN, BENJAMIN C LANDSCAPE CREW VOSS, DEIDREE S LIFEGUARD WAGNER, ASHLEY G POOL ATTENDANT WALLACE, CAROLINE L GUEST RELATIONS WALLNER, BRADY R LIFEGUARD WARKEL, MICHAEL J LIFEGUARD WEEK, ASHLYN A POOL ATTENDANT WEICHELT, WILLIAM E POOL ATTENDANT WESTGARD, ANDREW R LIFEGUARD WHELAN, ROBYN M GUEST RELATIONS WIEGELE, MARIE L POOL ATTENDANT WILKIN, REBECCA M REC LEADER WOLFRATH, LAUREN A GUEST RELATIONS WOOD, NATALIE N FITNESS INSTRUCTOR ZENNER, JOCELYN A GUEST RELATIONS ZENNER, KAITLYN J GUEST RELATIONS ITEM 7. Action To Be Considered: Authorize the hiring of the following Seasonal Staff: HORROCKS, JOAN A FITNESS INSTRUCTOR SJOBERG, HELAYNA M REC LEADER JURY, NICHOLAS J BUILDING ATTENDANT III HOPKINS, NICHOLAS C BUILDING ATTENDANT III NICHOLS, EMILY A GUEST SERV REP INFORMATIVE  Kirsten Dormusgaard was hired as a Police Officer o This was approved 10/03/17 Agenda Information Memo October 17, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated October 6 and 13, 2017 as presented. Attachments: (2) CC-1 Check register dated October 6, 2017 CC-2 Check register dated October 13, 2017 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 2Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 193974 10/6/2017 150476 ALLSTREAM Continued... 39.48 TELEPHONE 267163 14909332 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.48 TELEPHONE 267163 14909332 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.48 TELEPHONE 267163 14909332 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.48 TELEPHONE 267163 14909332 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.48 TELEPHONE 267163 14909332 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.48 TELEPHONE 267163 14909332 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.48 TELEPHONE 267163 14909332 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.48 TELEPHONE 267163 14909332 3304.6347 Telephone Service & Line Charg Bldg/Facilities Maintenance 39.48 TELEPHONE 267163 14909332 0301.6352 Telephone Circuits IT-Gen & Admn 39.48 TELEPHONE 267163 14909332 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 42.05 TELEPHONE 267163 14909332 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 42.17 TELEPHONE 267163 14909332 0301.6352 Telephone Circuits IT-Gen & Admn 42.17 TELEPHONE 267163 14909332 1108.6347 Telephone Service & Line Charg Communications 42.17 TELEPHONE 267163 14909332 1105.6457 Machinery & Equipment-Rental Investigation/Crime Prevention 42.17 TELEPHONE 267163 14909332 0301.6352 Telephone Circuits IT-Gen & Admn 44.99 TELEPHONE 267163 14909332 0301.6352 Telephone Circuits IT-Gen & Admn 51.42 TELEPHONE 267163 14909332 1221.6347 Telephone Service & Line Charg Administration-Fire 83.56 TELEPHONE 267163 14909332 2460.6347 Telephone Service & Line Charg Building And Grounds 179.98 TELEPHONE 267163 14909332 0501.6347 Telephone Service & Line Charg General & Admn-Finance 212.12 TELEPHONE 267163 14909332 1108.6347 Telephone Service & Line Charg Communications 43.86 TELEPHONE 267163 14909332 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.87 TELEPHONE 267163 14909332 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.87 TELEPHONE 267163 14909332 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.87 TELEPHONE 267163 14909332 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.87 TELEPHONE 267163 14909332 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.88 TELEPHONE 267163 14909332 9116.6352 Telephone Circuits Cedar Grove Parking Garage 1.27 TELEPHONE 267163 14909332 6101.6347 Telephone Service & Line Charg Water -Administration 19.28 TELEPHONE 267163 14909332 6101.6347 Telephone Service & Line Charg Water -Administration 39.46 TELEPHONE 267163 14909332 6154.6347 Telephone Service & Line Charg South Plant Building 39.46 TELEPHONE 267163 14909332 6154.6347 Telephone Service & Line Charg South Plant Building 39.46 TELEPHONE 267163 14909332 6154.6347 Telephone Service & Line Charg South Plant Building 39.46 TELEPHONE 267163 14909332 6146.6347 Telephone Service & Line Charg North Plant Building 39.47 TELEPHONE 267163 14909332 6146.6347 Telephone Service & Line Charg North Plant Building 39.47 TELEPHONE 267163 14909332 6146.6347 Telephone Service & Line Charg North Plant Building 39.47 TELEPHONE 267163 14909332 6146.6347 Telephone Service & Line Charg North Plant Building 39.47 TELEPHONE 267163 14909332 6146.6347 Telephone Service & Line Charg North Plant Building 39.48 TELEPHONE 267163 14909332 6239.6347 Telephone Service & Line Charg Lift Station Maintenanc/Repair 39.48 TELEPHONE 267163 14909332 6239.6347 Telephone Service & Line Charg Lift Station Maintenanc/Repair 1.69 TELEPHONE 267163 14909332 6601.6347 Telephone Service & Line Charg General/Administrative-Arena 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 3Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 193974 10/6/2017 150476 ALLSTREAM Continued... 25.71 TELEPHONE 267163 14909332 6601.6347 Telephone Service & Line Charg General/Administrative-Arena 1.69 TELEPHONE 267163 14909332 6716.6347 Telephone Service & Line Charg General Administration 25.71 TELEPHONE 267163 14909332 6716.6347 Telephone Service & Line Charg General Administration 2.95 TELEPHONE 267163 14909332 6801.6347 Telephone Service & Line Charg General & Administrative 45.00 TELEPHONE 267163 14909332 6801.6347 Telephone Service & Line Charg General & Administrative 2,467.07 193975 10/6/2017 102890 AMERICAN FLAGPOLE AND FLAG CO. 3,928.90 BUILDING FLAGS - NEW LOGO 267187 135187 3304.6220 Operating Supplies - General Bldg/Facilities Maintenance 3,928.90 193976 10/6/2017 150800 ANAND, BHAVANA 17.16 10026-OVRPMNT 4872 STEEPLECHAS 267168 092617 9220.2250 Escrow Deposits Public Utilities 17.16 193977 10/6/2017 142259 APPEAR CLEAR WINDOW CLEANING 380.00 WINDOW CLEANING 267180 1627 6146.6535 Other Contractual Services North Plant Building 480.00 WINDOW CLEANING 267172 1628 3314.6535 Other Contractual Services Central Maintenance 475.00 WINDOW CLEANING 267181 1629 6154.6535 Other Contractual Services South Plant Building 250.00 WINDOW CLEANING 267182 1630 6154.6535 Other Contractual Services South Plant Building 1,585.00 193978 10/6/2017 100360 APPLE FORD LINCOLN APPLE VALLEY 881.73 DTF LEASE VEHICLE-JUL/AUG/SEP 267403 1120-252574-092 517 1105.6457 Machinery & Equipment-Rental Investigation/Crime Prevention 881.73 193979 10/6/2017 144673 ARCADE ELECTRIC 535.50 ELECTRICAL REPAIRS 267160 9139 3304.6535 Other Contractual Services Bldg/Facilities Maintenance 321.00 FIX BALLAST ON PARKING LOT 267179 9140 6603.6535 Other Contractual Services Building Repair & Maint. 856.50 193980 10/6/2017 138472 ASLAKSONS BLACKTOPPING SERVICE INC. 172,498.16 CONT 17-07 PMT 2 267174 100317 8247.6710 Project - Contract P1247 2017 Trail & parking lot 172,498.16 193981 10/6/2017 121083 ASPEN MILLS 141.58 APPARREL-L. KAREL 267230 204076 1221.6224 Clothing/Personal Equipment Administration-Fire 89.85 APPAREL-WALLRAFF 267231 204077 1221.6224 Clothing/Personal Equipment Administration-Fire 18.85 APPARREL-NAMETAG 267217 204327 1221.6224 Clothing/Personal Equipment Administration-Fire 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 4Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 193981 10/6/2017 121083 ASPEN MILLS Continued... 250.28 193982 10/6/2017 146829 AT&T MOBILITY 41.24 8/18/17-9/17/17 267164 287262588400X09 252017 2010.6355 Cellular Telephone Service General Engineering 41.24 8/18/17-9/17/17 267164 287262588400X09 252017 9701.6355 Cellular Telephone Service PEG-eligible 82.48 193983 10/6/2017 146844 BACKER-HINES, ANGELA 135.66 IACA CRIME ANALY. TRAINING 267184 091317 1105.6476 Conferences/Meetings/Training Investigation/Crime Prevention 135.66 193984 10/6/2017 150697 BARE HONEY 7.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267165 092717 3061.6220 PR003 Operating Supplies - General Market Fest 18.00 9/27 MARKETFEST-POP CLUB TOKEN 267165 092717 3061.6220 PR005 Operating Supplies - General Market Fest 25.00 193985 10/6/2017 100397 BATTERIES PLUS 39.98 EQUIP PARTS 267188 026-317620 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 39.98 193986 10/6/2017 150797 BENNEROTTE, THOMAS AND KELLEY 6,600.00 REFUND LANDSCAPE DEPOSIT 267173 092617 9001.2250.561 3085 Justice Way 118900 General Fund 6,600.00 193987 10/6/2017 150424 BLURBERRYBUZZ BODY ART LLC 1,000.00 HALLOWEEN FACE PAINTING VENDOR 267371 100117 3063.6320 Instructors Seasonal Special Events 1,000.00 193988 10/6/2017 144122 BRAND FARMS 5.00 9/27 MARKETFEST-VEGGIE BUCKS 267166 092717 3061.6220 PR006 Operating Supplies - General Market Fest 15.00 9/27 MARKETFEST-POP CLUB TOKEN 267166 092717 3061.6220 PR005 Operating Supplies - General Market Fest 20.00 193989 10/6/2017 107545 BROWN, ROBERT M. 111.20 UNIFORMS-2 PAIR WORKPANTS 267189 092717 3170.2115 Clothing Allowance General AdmIn-Parks 111.20 193990 10/6/2017 100025 BSN SPORTS 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 5Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 193990 10/6/2017 100025 BSN SPORTS Continued... 631.36 GOAT #1 CIP 267177 900218368 2822.6761 Athletic Furnishings Goat Hill Park 900.00 BASKETBALL STANDARD- C DODD 267176 900234423 3124.6252 Parks & Play Area Supplies Court Maintenance/Set-up 1,531.36 193991 10/6/2017 143367 BUENNING, SAUNDRA 49.98 CLERICAL UNIFORM CLOTHING 267183 092217 1107.6224 Clothing/Personal Equipment Support Services 49.98 193992 10/6/2017 102838 BURNET TITLE 15.45 10026-OVRPMNT 4299 PINTAIL CT 267169 092617 9220.2250 Escrow Deposits Public Utilities 15.45 193993 10/6/2017 148798 CHANG, CHONG SUE 5.00 9/27 MARKETFEST-VEGGIE BUCKS 267167 092717 3061.6220 PR006 Operating Supplies - General Market Fest 13.00 9/27 MARKETFEST-MARKETBUCKS 267167 092717 3061.6220 PR004 Operating Supplies - General Market Fest 42.00 9/27 MARKETFEST-POP CLUB TOKEN 267167 092717 3061.6220 PR005 Operating Supplies - General Market Fest 60.00 193994 10/6/2017 150801 CHICK, JENNIFER 94.18 10026-OVRPMNT 4272 BRADDOCK TR 267158 092617 9220.2250 Escrow Deposits Public Utilities 94.18 193995 10/6/2017 143057 COLUMBIA PIPE AND SUPPLY CO. 156.98 PLUMBING PARTS 267161 2489936 6827.6233 Building Repair Supplies Building Maintenance 156.98 193996 10/6/2017 142286 COMCAST 18.99 DIGITAL ADAPTER MAINT 267159 877210508005717 3-092017 0301.6569 Maintenance Contracts IT-Gen & Admn 18.99 193997 10/6/2017 142286 COMCAST 290.51 COMCAST 9/29/17-10/28/17 267229 877210508043374 7-091917 6801.6347 Telephone Service & Line Charg General & Administrative 290.51 193998 10/6/2017 142286 COMCAST 8.44 PD CABLE 10/1/17-10/31/17 267404 877210508005718 1-092017 1104.6569 Maintenance Contracts Patrolling/Traffic 8.44 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 6Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 193998 10/6/2017 142286 COMCAST Continued... 193999 10/6/2017 100040 CONT SAFETY EQUIP 110.00 LOCKOUT TAGS 267175 446196 6104.6222 Medical/Rescue/Safety Supplies Safety 110.00 194000 10/6/2017 102464 COPY-RIGHT PRINTING & GRAPHICS 722.41 EBN 3RD QTR 267171 76311 0903.6370 General Printing and Binding Eagan Business News 722.41 194001 10/6/2017 100050 DAKOTA ELECTRIC 93.12 HOLZ FARM 267192 100914-1-SEP17 3106.6405 Electricity Structure Care & Maintenance 38.95 DIFFLEY/LEXINGTON 267193 101738-3-SEP17 3106.6405 Electricity Structure Care & Maintenance 57.95 DIFFLEY/LEXINGTON 267194 102634-3-SEP17 3106.6405 Electricity Structure Care & Maintenance 26.12 OAK POND RD LIFTSTATION 267195 102843-0-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 25.55 DIFFLEY/LEXINGTON 267196 103085-7-SEP17 3106.6405 Electricity Structure Care & Maintenance 30,168.12 RIVER HILLS STREET LITES 267197 129548-4-SEP17 6301.6406 Electricity-Street Lights Street Lighting 46.18 JOHNNYCAKE/CLIFF SIGNALS 267198 141558-7-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 27.18 GUN CLUB RD LIFSTATION 267199 166469-7-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 114.27 TRAPP LAKE PARK 267200 172633-0-SEP17 3106.6405 Electricity Structure Care & Maintenance 6,383.26 HOLLAND STORM 267201 183413-4-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 22.68-ELRENE RD HOCKEY RINK 267202 192536-1-SEP17 3106.6405 Electricity Structure Care & Maintenance 910.80 CANTER GLEN STORM 267203 193566-7-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 26.83 LEXINGTON RESERVOIR 267204 200603-9-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 15.75 WESCOTT STORM 267205 201101-3-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 457.69 WOODLANDS STORM 267206 201125-2-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 62.74 NORTHVIEW PARK IRRIGATION 267207 203049-2-SEP17 3106.6405 Electricity Structure Care & Maintenance 104.95 OHMAN PARK SHELTER 267208 205375-9-SEP17 3106.6405 Electricity Structure Care & Maintenance 27.99 DIFFLEY ROAD TUNNEL LITES 267209 214662-9-SEP17 3106.6405 Electricity Structure Care & Maintenance 73.12 DIFFLEY/LEXINGTON 267210 221769-3-SEP17 3106.6405 Electricity Structure Care & Maintenance 14.00 620 CLIFF RD AERATOR 267211 226044-6-SEP17 6520.6405 Electricity Basin Mgmt-Aeration 23.21 MAJESTIC OAKS SAN 267212 288226-4-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 14.00 675 HAY LAKE RD AERATOR 267213 371946-5-SEP17 6520.6405 Electricity Basin Mgmt-Aeration 18.67 WESCOTT TR GAZEBO 267214 393793-5-SEP17 3106.6405 Electricity Structure Care & Maintenance 60.64 STEEPLECHASE CT LIFTSTATION 267215 401500-4-SEP17 6239.6405 Electricity Lift Station Maintenanc/Repair 414.97 ART HOUSE 267216 412157-0-SEP17 3106.6405 Electricity Structure Care & Maintenance 16.69 ART HOUSE GAZEBO 267190 440126-1-SEP17 3106.6405 Electricity Structure Care & Maintenance 35.80 MARSH COVE SAN LIFSTATION 267191 441453-8-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 39,235.87 194002 10/6/2017 100447 DALCO 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 7Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194002 10/6/2017 100447 DALCO Continued... 2,193.20 CUSTODIAL SUPPLIES 267218 3227684 6827.6223 Building/Cleaning Supplies Building Maintenance 2,174.99 CUSTODIAL SUPPLIES 267219 3227686 3304.6223 Building/Cleaning Supplies Bldg/Facilities Maintenance 4,368.19 194003 10/6/2017 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS 187.42 BEYOND SELF STORAGE 267299 166044-38441 9001.2245 J0349 Escrow - Private Development F General Fund 761.70 CEDAR GROVE TIF 267308 166045-26768 9334.6716 Project - Legal Cedarvale/Hwy 13 TIF 388.73 LEGAL 267286 166046-10388 0601.6311 Legal General Legal Service 234.28 COMFORT SUITES 267297 166047-38179 9001.2245 J0338 Escrow - Private Development F General Fund 1,203.49 LEGAL 267283 166048-35602 0601.6311 Legal General Legal Service 91.40 LEGAL 267282 166049-38701 0601.6311 Legal General Legal Service 93.71 ECOLAB 267306 166050-39143 9001.2245 J0373 Escrow - Private Development F General Fund 398.26 GERTENS CUP 267294 166051-37575 9001.2245 J0317 Escrow - Private Development F General Fund 167.58 LEGAL 267284 166052-37563 0601.6311 Legal General Legal Service 234.28 MANLEY GUN CLUB 267300 166053-38632 9001.2245 J0356 Escrow - Private Development F General Fund 167.58 MICROSITES 267291 166054-36084 6108.6311 Legal Antenna Leases 70.28 MN AUTISMN CNTR 267292 166055-35606 9001.2245 J0247 Escrow - Private Development F General Fund 562.26 NE EAGAN DEVELOPMNT-VIKINGS 267293 166056-37129 9001.2245 J0301 Escrow - Private Development F General Fund 140.57 PARKSIDE PLACE 267307 166057-39144 9001.2245 J0374 Escrow - Private Development F General Fund 117.14 PIONEER PLASTICS 267304 166058-39012 9001.2245 J0368 Escrow - Private Development F General Fund 281.14 PRIME THERAPUETICS 267298 166059-38324 9001.2245 J0344 Escrow - Private Development F General Fund 198.04 NW PARKWAY EXTENSION 267309 166060-37408 2010.6311 Legal General Engineering 234.28 QUARRY RD SECOND ADDN 267302 166061-38751 9001.2245 J0360 Escrow - Private Development F General Fund 608.26 QUARRY RD ADDN 267295 166062-37696 9001.2245 J0322 Escrow - Private Development F General Fund 187.42 SEALMASTERS 267305 166063-39013 9001.2245 J0369 Escrow - Private Development F General Fund 866.84 SPRINT ANTENNA LEASE 267289 166064-23897 6007.6311 ASPRI Legal Sperry Antenna Location 117.14 TMOBILE-OLEARY ANTENNA LEASE 267290 166065-36952 6006.6311 ATMOB Legal South Lakes Tower Antenna Loca 773.12 VERIZON-SAFARI ANTENNA LEASE 267287 166066-37004 6005.6311 ATMOB Legal Safari Antenna Location 609.13 VERIZON ANTENNA LEASE-DIFFLEY 267288 166067-38803 6003.6311 AVERI Legal Lexington Antenna Location 187.42 WHITE HOUSE CUSTOM COLOUR 267296 166068-38083 9001.2245 J0333 Escrow - Private Development F General Fund 187.42 YANKEE DOODLE PROF BLDG 2ND 267301 166069-38645 9001.2245 J0357 Escrow - Private Development F General Fund 327.98 YANKEE TAVERN 267303 166070-38909 9001.2245 J0363 Escrow - Private Development F General Fund 966.56 LEGAL 267285 166171-12651 0601.6311 Legal General Legal Service 9,495.28 LEGAL 267281 166172-04768 0601.6311 Legal General Legal Service 19,858.71 194004 10/6/2017 100387 EAGAN GENERAL REPAIR 45.00 EQUIP LABOR 267226 26610 3127.6428 Field/Other Equipment Repair-L Equipment Maintenance/Repair 45.00 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 8Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194005 10/6/2017 108624 EBERT CONSTRUCTION Continued... 357,748.67 CONT 16-04 PMT 16 FINAL 267242 093017 9355.6710 Project - Contract MAINTENANCE FACILITY EXPANSION 357,748.67 194006 10/6/2017 100060 ECM PUBLISHERS INC 208.50 WEEKLY MARKET FEST AD 267223 531744 3061.6357 Advertising/Publication Market Fest 208.50 194007 10/6/2017 150810 ESTATE OF IDA B JENSEN, THE 36.74 10026-OVRPMNT 4710 ANNE PT 267221 092617 9220.2250 Escrow Deposits Public Utilities 36.74 194008 10/6/2017 100099 FOSTER MN, J H 124.20 AIR COMPRESSOR NOZZLES 267234 10327356-00 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 124.20 194009 10/6/2017 150816 FOX RIDGE PRINTING 175.00 FORFEITURE FORMS 267228 17923 9695.6210 Office Supplies Dakota Co Drug Task Force 175.00 194010 10/6/2017 145103 FRATTALONE COMPANIES INC. 48,592.79 CONT 16-22 PMT 4 267241 100217 8225.6710 P225C Project - Contract P1225 Northwest Park Way Exten 117,077.05 CONT 16-22 PMT 4 267241 100217 8225.6710 P225A Project - Contract P1225 Northwest Park Way Exten 171,537.08 CONT 16-22 PMT 4 267241 100217 8225.6710 P225B Project - Contract P1225 Northwest Park Way Exten 350,789.09 CONT 16-22 PMT 4 267241 100217 8225.6710 Project - Contract P1225 Northwest Park Way Exten 687,996.01 194011 10/6/2017 150799 FREEMAN, JILL 48.97 10026-OVRPMNT 3050 SHIELDS DR 267222 092617 9220.2250 Escrow Deposits Public Utilities 48.97 194012 10/6/2017 100071 G & K SERVICES 18.00 ECC RUGS 267237 6182689407 6827.6569 Maintenance Contracts Building Maintenance 20.90 FD RUGS 267238 6182689408 3313.6569 Maintenance Contracts Fire Buildings 32.29 RUGS 267233 6182689410 6146.6535 Other Contractual Services North Plant Building 71.19 194013 10/6/2017 100362 G & M TREE MOVING INC 900.00 PATRICK EAGAN PARK NEW TREE 267227 1804 3214.6630 Other Improvements Landscape Planting-Park Sites 900.00 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 9Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194014 10/6/2017 100529 GASTFIELD MAINTENANCE PLUS, BOB Continued... 781.16 CUSTODIAL-SEPTEMBER 17 267240 093017 3313.6537 Janitorial Service Fire Buildings 781.16 194015 10/6/2017 100465 GERTEN GREENHOUSES 53.94 FALL LANDSCAPE MATERIAL 267224 427486/1 3215.6630 Other Improvements Landscape Planting-Non-park 450.00 MUMS FOR ECC 267225 4405 /W 3215.6630 Other Improvements Landscape Planting-Non-park 503.94 194016 10/6/2017 102980 GILBERT MECHANICAL CONTRACTORS, INC. 490.36 HVAC REPAIR 267236 159855 3313.6535 Other Contractual Services Fire Buildings 490.36 194017 10/6/2017 101884 GRAFIX SHOPPE 2,575.00 BANNER W NEW LOGO SEAL 267264 116980 0909.6370 General Printing and Binding Special Events 2,575.00 194018 10/6/2017 150649 GREAT HARVEST BREAD 11.00 9/27 MARKETFEST-MARKETBUCKS 267220 092717 3061.6220 PR004 Operating Supplies - General Market Fest 11.00 194019 10/6/2017 100084 HANCO 160.34 PARKS MOWER PARTS 267235 902007 9001.1415 Inventory - Parts General Fund 160.34 194020 10/6/2017 132043 HANSEN THORP PELLINEN OLSON INC. 1,042.50 3949 CEDAR GROVE PKWY 267239 47585 9334.6310 Professional Services-General Cedarvale/Hwy 13 TIF 1,042.50 194021 10/6/2017 100085 HARDWARE HANK 2.39 KEY WELL 267245 1713679 6148.6233 Building Repair Supplies North Well Field 11.83 HOOKS FOR STP 267246 1714763 6154.6233 Building Repair Supplies South Plant Building 36.02 HARDWARE WELL 5 267247 1714789 6156.6233 Building Repair Supplies South Well Field 22.95 CONCRETE ANCORS 267250 1716144 6146.6233 Building Repair Supplies North Plant Building 73.19 194022 10/6/2017 100267 HAYES ELECTRIC 92.59 BLDG REPAIR PARTS 267255 4208 3106.6233 Building Repair Supplies Structure Care & Maintenance 1,104.00 BLDG REPAIR LABOR 267255 4208 3106.6427 Building Operations/Repair-Lab Structure Care & Maintenance 578.96 ELECTRICAL REPAIRS 267257 4210 3314.6535 Other Contractual Services Central Maintenance 1,775.55 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 10Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194022 10/6/2017 100267 HAYES ELECTRIC Continued... 194023 10/6/2017 148919 HER, JUSTIN 2.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267261 092717 3061.6220 PR003 Operating Supplies - General Market Fest 3.00 9/27 MARKETFEST-MARKETBUCKS 267261 092717 3061.6220 PR004 Operating Supplies - General Market Fest 5.00 9/27 MARKETFEST-VEGGIE BUCKS 267261 092717 3061.6220 PR006 Operating Supplies - General Market Fest 24.00 9/27 MARKETFEST-POP CLUB TOKEN 267261 092717 3061.6220 PR005 Operating Supplies - General Market Fest 34.00 194024 10/6/2017 148797 HER, PANG CHANG 12.00 9/27 MARKETFEST-MEDICA 267262 092717 3061.6220 PR007 Operating Supplies - General Market Fest 14.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267262 092717 3061.6220 PR003 Operating Supplies - General Market Fest 34.00 9/27 MARKETFEST-MARKETBUCKS 267262 092717 3061.6220 PR004 Operating Supplies - General Market Fest 50.00 9/27 MARKETFEST-VEGGIE BUCKS 267262 092717 3061.6220 PR006 Operating Supplies - General Market Fest 171.00 9/27 MARKETFEST-POP CLUB TOKEN 267262 092717 3061.6220 PR005 Operating Supplies - General Market Fest 281.00 194025 10/6/2017 148846 HER, YANG YEE 3.00 9/27 MARKETFEST-MARKETBUCKS 267263 092717 3061.6220 PR004 Operating Supplies - General Market Fest 5.00 9/27 MARKETFEST-VEGGIE BUCKS 267263 092717 3061.6220 PR006 Operating Supplies - General Market Fest 10.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267263 092717 3061.6220 PR003 Operating Supplies - General Market Fest 39.00 9/27 MARKETFEST-POP CLUB TOKEN 267263 092717 3061.6220 PR005 Operating Supplies - General Market Fest 57.00 194026 10/6/2017 101708 HONSA LIGHTING SALES & SVC. INC. 1,056.00 BLDG REPAIR PARTS 267254 81356 3106.6233 Building Repair Supplies Structure Care & Maintenance 45.25 LIGHT BULBS 267259 81357 6827.6233 Building Repair Supplies Building Maintenance 160.62 FACILITY REPAIR PARTS 267253 81358 3109.6239 Park Facility Repair Parts Lighting Maintenance 1,261.87 194027 10/6/2017 149714 HYDROCORP 5,365.00 CROSS CONNECTION CONTROL 267256 0044193-IN 6131.6310 Professional Services-General Water Customer Service 5,365.00 194028 10/6/2017 149612 INTEGRATED LOSS CONTROL INC. 686.00 SAFETY CONSULTANT 267251 11901 1001.6475 Miscellaneous General/Admn-Human Resources 686.00 194029 10/6/2017 100378 JOHNSON FIRE & SAFETY INC, J N 198.20 FIRE EXT CHECKS ANNUAL 267249 SOI.137849 6603.6569 Maintenance Contracts Building Repair & Maint. 41.75 FIRE EXTINGUISHER MT 267258 SOI.137850 3313.6569 Maintenance Contracts Fire Buildings 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 11Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194029 10/6/2017 100378 JOHNSON FIRE & SAFETY INC, J N Continued... 239.95 194030 10/6/2017 127571 KOEHLE, JESSICA 126.59 HIKING BOOTS-KOEHLE 267252 071617 6501.6224 Clothing/Personal Equipment G/A - Water Quality 126.59 194031 10/6/2017 146762 KRAFT CONTRACTING & MECHANICAL LLC 12,973.04 MAJOR NTP BOILER REPAIR 267244 10248 6146.6427 Building Operations/Repair-Lab North Plant Building 1,193.70 BOILER VALVE REPAIR 267243 10262 6146.6310 Professional Services-General North Plant Building 14,166.74 194032 10/6/2017 135589 KULLY SUPPLY INC. 111.90 PLUMBING PARTS 267260 426698 6827.6233 Building Repair Supplies Building Maintenance 111.90 194033 10/6/2017 100662 LAW ENFORCEMENT LABOR 3,038.00 OCTOBER 2017 UNION DUES 267384 OFFICERS/SRGS 9/30/17 9592.2026 Ded Pay - Pol Off Unio Benefit Accrual 3,038.00 194034 10/6/2017 100111 LOGIS 230.00 PCI CONSULTING 267248 44210 0301.6535 Other Contractual Services IT-Gen & Admn 230.00 194035 10/6/2017 149504 MACQUEEN EMERGENCY GROUP 1,091.11 MACQUEEN-AERIAL MAINT.267274 W00327 1224.6323 Testing Services Engineer 1,091.11 194036 10/6/2017 100116 MACQUEEN EQUIP 1,016.90 VACTOR REPAIR 267273 W01209 6232.6425 Mobile Equipment Repair Labor Equipment Maintenance/Repair 1,016.90 194037 10/6/2017 114678 MAGUIRE, MIKE 18.97 SEPT MILEAGE - MAYOR MAGUIRE 267270 091117 0101.6353 Personal Auto/Parking Legislative/Policy Development 18.97 194038 10/6/2017 139121 MARCO INC. 1,834.62 COPIERS 267265 21314926 0301.6569 Maintenance Contracts IT-Gen & Admn 30.12 COPIERS 267265 21314926 6501.6569 Maintenance Contracts G/A - Water Quality 201.58 COPIERS 267265 21314926 6101.6569 Maintenance Contracts Water -Administration 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 12Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194038 10/6/2017 139121 MARCO INC.Continued... 31.74 COPIERS 267265 21314926 6601.6569 Maintenance Contracts General/Administrative-Arena 218.96 COPIERS 267265 21314926 6801.6569 Maintenance Contracts General & Administrative 3,439.38 COPIERS 267277 21314927 0301.6569 Maintenance Contracts IT-Gen & Admn 56.47 COPIERS 267277 21314927 6501.6569 Maintenance Contracts G/A - Water Quality 377.91 COPIERS 267277 21314927 6101.6569 Maintenance Contracts Water -Administration 59.51 COPIERS 267277 21314927 6601.6569 Maintenance Contracts General/Administrative-Arena 410.48 COPIERS 267277 21314927 6801.6569 Maintenance Contracts General & Administrative 6,660.77 194039 10/6/2017 150796 MCLEAN, JOHN 164.90 IRRIG SYSTEM REPAIR REIMBURSEM 267280 092917 8232.6718 Project - Other Charges P1232 Gardenwood Ponds 1st&3rd 164.90 194040 10/6/2017 113364 MEADOWS COMPANY, BEN 771.60 MISC TOOLS 267268 S103750655 3222.6240 Small Tools Equipment Mtn 771.60 194041 10/6/2017 100571 MENARDS-APPLE VALLEY 773.21 RINK REPAIRS 267269 26432 3119.6252 Parks & Play Area Supplies Rink Amenity Mtn/Setup 773.21 194042 10/6/2017 100125 METRO COUNCIL ENVIRONMTL SERV-SAC 7,206.50-SEPTEMBER 2017 267266 090117 0801.4246 Administrative Fee on SAC Coll General & Admn-Protective Insp 720,650.00 SEPTEMBER 2017 267266 090117 9220.2275 MCES Sewer Availability Charge Public Utilities 713,443.50 194043 10/6/2017 100664 MN CHILD SUPPORT 586.52 PAYROLL ENDING 9/30/17 267385 GARNISHMENT 9/30/17 9592.2030 Ded Pay - Garnishments Benefit Accrual 319.79 PAYROLL ENDING 9/30/17 267386 GARNISHMENT 9/30/17-1 9592.2030 Ded Pay - Garnishments Benefit Accrual 28.24 PAYROLL ENDING 9/30/17 267387 GARNISHMENT 9/30/17-2 9592.2030 Ded Pay - Garnishments Benefit Accrual 230.73 PAYROLL ENDING 9/30/17 267388 GARNISHMENT 9/30/17-3 9592.2030 Ded Pay - Garnishments Benefit Accrual 1,165.28 194044 10/6/2017 102019 MN DEPT OF LABOR & INDUSTRY 30.00 ANNUAL DUES FOR BOILERS 267272 ABR01701971 6719.6569 Maintenance Contracts Building Maintenance 20.00 ANNUAL DUES FOR BOILERS 267271 ABR01711251 6602.6479 Dues and Subscriptions Equipment Repair & Maint. 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 13Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194044 10/6/2017 102019 MN DEPT OF LABOR & INDUSTRY Continued... 50.00 194045 10/6/2017 102325 MN DEPT OF TRANSPORTATION 461.80 CONCRETE PLANT INSPECTION 267275 P00008438 8225.6713 Project - Outside Engineering P1225 Northwest Park Way Exten 461.80 194046 10/6/2017 120087 MN ENERGY RESOURCES CORP 18.00 RAHN PARK WARMING HOUSE 267276 0505212492-0000 1-SEP17 3106.6410 Natural Gas Service Structure Care & Maintenance 18.00 194047 10/6/2017 100663 MN TEAMSTERS 320 1,315.25 OCTOBER 2017 UNION DUES 267389 CLERICAL 9/30/17 9592.2029 Ded Pay - Clerical Union Dues Benefit Accrual 2,973.20 PAYROLL ENDING 9/30/17 267390 PUB WKS MAINT 9/30/17 9592.2027 Ded Pay - Pub Wks Union Dues Benefit Accrual 4,288.45 194048 10/6/2017 145327 MNSPECT LLC 2,578.13 9/18-9/22/17 267279 7138 0805.6310 Professional Services-General Construction Insp-Field 2,578.13 194049 10/6/2017 143252 MOSS & BARNETT 1,070.50 ROUTINE FRANCHIS ADMIN CL 267382 674179 9702.6310 Professional Services-General Non-PEG (franchise fees) 6,502.00 COMCAST CABLE FRANCH NEGOTIANS 267382 674179 9703.6311 Legal Outside Projects 7,572.50 194050 10/6/2017 149010 MOUA, MAI 3.00 9/27 MARKETFEST-MEDICA 267267 092717 3061.6220 PR007 Operating Supplies - General Market Fest 26.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267267 092717 3061.6220 PR003 Operating Supplies - General Market Fest 34.00 9/27 MARKETFEST-MARKETBUCKS 267267 092717 3061.6220 PR004 Operating Supplies - General Market Fest 108.00 9/27 MARKETFEST-POP CLUB TOKEN 267267 092717 3061.6220 PR005 Operating Supplies - General Market Fest 171.00 194051 10/6/2017 128624 MULLER, ROBERT 65.00 UNIFORMS-WORK PANTS 267278 080517 3170.2115 Clothing Allowance General AdmIn-Parks 65.00 194052 10/6/2017 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 9/30/17 267391 093017 9592.2037 Ded Payable-Teamsters DRIVE Benefit Accrual 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 14Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194052 10/6/2017 125742 NATIONAL DRIVE Continued... 2.00 194053 10/6/2017 150803 NEWTON, LYNN 27.69 10026-OVRPMNT 1045 NORTHVIEW P 267314 092617 9220.2250 Escrow Deposits Public Utilities 27.69 194054 10/6/2017 141956 NOKOMIS SHOE SHOP 169.95 UNIFORMS-SHOES/BOOTS 267232 685286 3170.2115 Clothing Allowance General AdmIn-Parks 169.95 194055 10/6/2017 100454 NORTHERN AIR CORP 1,833.22 HVAC REPAIR 267322 141409 3315.6535 Other Contractual Services City Hall 1,833.22 194056 10/6/2017 148161 NORTHLAND SECURITIES INC. 2,904.50 NE EAGAN - RAMP & LODGING TAX 267326 5061 0720.6310 Professional Services-General General Admin-Planning & Zonin 2,904.50 194057 10/6/2017 111420 NORTHSTAR IMAGING SERVICES 164.30 JENNY HISTORY 267327 ELNVOICE16702 1221.6210 Office Supplies Administration-Fire 164.30 194058 10/6/2017 122435 OFFICE DEPOT (R) 5.79 INSECTICIDE 267330 924495034002 9695.6210 Office Supplies Dakota Co Drug Task Force 206.90 PAPER, COFFEE, TOWELS 267331 960270616001 9695.6210 Office Supplies Dakota Co Drug Task Force 152.12 DVD, CUPS, TEASPOONS, COFFEE 267333 963376892001 9695.6210 Office Supplies Dakota Co Drug Task Force 56.58 TRASH BAGS, LYSOL 267332 964637678001 9695.6210 Office Supplies Dakota Co Drug Task Force 421.39 194059 10/6/2017 108599 OFFICE DEPOT, INC. 43.99 OFFICE SUPPLIES 267335 962135243001 2401.6210 Office Supplies Gen/Adm-Central Services 10.49 OFFICE SUPPLIES 267334 962135288001 2401.6210 Office Supplies Gen/Adm-Central Services 65.38 OFFICE SUPPLIES 267338 963411502001 2401.6210 Office Supplies Gen/Adm-Central Services 7.98 OFFICE SUPPLIES 267337 963411640001 2401.6210 Office Supplies Gen/Adm-Central Services 88.20 OFFICE SUPPLIES 267339 964359968001 6801.6210 Office Supplies General & Administrative 138.07 OFFICE SUPPLIES 267336 964906139001 2401.6210 Office Supplies Gen/Adm-Central Services 354.11 194060 10/6/2017 144492 OSBERG, DAVE 45.48 SEPT MILEAGE - DAVE OSBERG 267321 092817 0201.6353 Personal Auto/Parking General & Admn-Admn 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 15Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194060 10/6/2017 144492 OSBERG, DAVE Continued... 45.48 194061 10/6/2017 150809 PELTON, WILLIAM 74.06 10026-OVRPMNT 4696 WESTON HILL 267315 092617 9220.2250 Escrow Deposits Public Utilities 74.06 194062 10/6/2017 148956 PETERSON, JOE 2.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267312 092717 3061.6220 PR003 Operating Supplies - General Market Fest 3.00 9/27 MARKETFEST-MEDICA 267312 092717 3061.6220 PR007 Operating Supplies - General Market Fest 5.00 9/27 MARKETFEST-MARKETBUCKS 267312 092717 3061.6220 PR004 Operating Supplies - General Market Fest 33.00 9/27 MARKETFEST-POP CLUB TOKEN 267312 092717 3061.6220 PR005 Operating Supplies - General Market Fest 43.00 194063 10/6/2017 150804 PLAN, BROOKE 34.32 10026-OVRPMNT 4645 PENKEW WAY 267316 092617 9220.2250 Escrow Deposits Public Utilities 34.32 194064 10/6/2017 147463 POPE/DOUGLAS SOLID WASTE MANAGEMENT 2,655.90 DRUG AND PHARMCEUTICALS DESTRU 267319 DAKOTACOUNTY820 17 9695.6210 Office Supplies Dakota Co Drug Task Force 2,655.90 194065 10/6/2017 144472 PRECISE MRM LLC 257.04 CMF AVL MAINT 267323 IN200-1014169 0301.6569 Maintenance Contracts IT-Gen & Admn 257.04 194066 10/6/2017 138652 QUALITY LOCKSMITH SERVICE INC. 3,621.62 NTP EXTERIOR DOORS 267324 QLS10222 6146.6427 Building Operations/Repair-Lab North Plant Building 3,621.62 194067 10/6/2017 121441 RAMSEY COUNTY WARRANTS 500.00 DAVID CHARLES HENDRICKS 267313 219361 9001.2260 Bail Deposits General Fund 500.00 194068 10/6/2017 143557 RANDSTAD (R) 1,228.97 EVID TECH 9/17-9/23/17 267320 R21849420 9695.6561 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,228.97 194069 10/6/2017 150808 REDFIELD, RICK 89.90 10026-OVRPMNT 1036 WEDGWOOD LN 267317 092617 9220.2250 Escrow Deposits Public Utilities 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 16Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194069 10/6/2017 150808 REDFIELD, RICK Continued... 89.90 194070 10/6/2017 148694 REINDERS INC. 36.52 GOAT #1 CIP FERTILZER 267318 3049780-00 2822.6757 Seeding Goat Hill Park 36.52 194071 10/6/2017 104682 RENNER & SONS INC., E.H. 44,691.00 WELL 1 REHAB 267328 000158170000 6146.6630 P1256 Other Improvements North Plant Building 44,691.00 194072 10/6/2017 121047 RETENTION MANAGEMENT 300.00 RETENTION MANAGEMENT SERVICE 267311 SUP7079037 6807.6569 Maintenance Contracts Fitness Center 300.00 194073 10/6/2017 150405 RMB ENVIRONMENTAL LABORATORIES INC 348.00 WQ MONITORING SAMPLES ANALYSES 267325 372673 6528.6323 Testing Services Basin Mgmt-Water Spl/Studies/M 348.00 194074 10/6/2017 147066 ROCHE, CHRISTOPHER 60.01 TASER INSTR. TRAINING 267329 091517 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 60.01 194075 10/6/2017 144714 ROCK HARD LANDSCAPE SUPPLY 990.00 TLAKE CERTIFIED MULCH 267310 55887 2828.6760 Play Equipment Thomas Lake Park 990.00 194076 10/6/2017 103065 ROTARY CLUB OF EAGAN 156.00 ROTARY DUES, CHIEF 267383 2016-1649 1101.6479 Dues and Subscriptions General/Admn-Police 156.00 194077 10/6/2017 115702 S&B PAINTING 650.00 EFIS PAINTING / BRICK CLEANING 267353 708 6827.6535 Other Contractual Services Building Maintenance 650.00 194078 10/6/2017 139237 SAFARILAND LLC (R) 263.42 NIK TEST E 267354 1010-069315 9695.6210 Office Supplies Dakota Co Drug Task Force 263.42 194079 10/6/2017 150474 SCHWARTZ FARM 9.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267340 092717 3061.6220 PR003 Operating Supplies - General Market Fest 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 17Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194079 10/6/2017 150474 SCHWARTZ FARM Continued... 10.00 9/27 MARKETFEST-VEGGIE BUCKS 267340 092717 3061.6220 PR006 Operating Supplies - General Market Fest 27.00 9/27 MARKETFEST-POP CLUB TOKEN 267340 092717 3061.6220 PR005 Operating Supplies - General Market Fest 46.00 194080 10/6/2017 143153 SCIPIONI, CHRISTINA 31.57 SCIPIONI, CHRISTINA MILEAGE 267356 0091917 0401.6359 Legal Notice Publication General & Admn-City Clerk 31.57 194081 10/6/2017 100187 SEH 329.31 SPERRY TOWER PROJECT 267350 338955 6129.6712 P1154 Project - Engineering Reservior Maintenance/Repair 329.31 194082 10/6/2017 149647 SHETLER SI INC 97.88 SECURITY OFFICER 267347 1015700 6847.6535 Other Contractual Services Security 97.88 SECURITY OFFICER 267346 1015701 6847.6535 Other Contractual Services Security 195.76 194083 10/6/2017 100193 SIGNATURE CONCEPTS 74.00 SIGNATURE CON COREC SB AWARDS 267348 871794 3050.6227 Recreation Equipment/Supplies Adult Softball-Co-Rec 144.00 SIGNATURE CON MEN'S SB AWARDS 267348 871794 3048.6227 Recreation Equipment/Supplies Adult Softball-Men 218.00 194084 10/6/2017 100197 SOUTH RIVER HEATING COOLING 3,987.48 HVAC REPAIR 267355 17-17617 3313.6535 Other Contractual Services Fire Buildings 3,987.48 194085 10/6/2017 100469 SRF CONSULTING GROUP INC 6,256.31 CONT 17-17 P1281 PROF SERVICES 267349 10775.00-1 9001.2245 J0301 Escrow - Private Development F General Fund 6,256.31 194086 10/6/2017 150802 STRONG, JONATHAN 57.65 10026-OVRPMNT 4275 STIRRUP ST 267343 092617 9220.2250 Escrow Deposits Public Utilities 57.65 194087 10/6/2017 147840 TACTICAL SOLUTIONS 2,382.00 BALLISTIC VESTS, MASON, ANSEL.267357 6375 1144.6224 Clothing/Personal Equipment Bullet Proof Vests grant 2,382.00 194088 10/6/2017 150477 TAMBLYN'S NURSERY 1.00 9/27 MARKETFEST-MARKETBUCKS 267342 092717 3061.6220 PR004 Operating Supplies - General Market Fest 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 18Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194088 10/6/2017 150477 TAMBLYN'S NURSERY Continued... 24.00 9/27 MARKETFEST-POP CLUB TOKEN 267342 092717 3061.6220 PR005 Operating Supplies - General Market Fest 25.00 194089 10/6/2017 101015 TESSMAN SEED 7,176.00 FERTILIZER 267368 S261397-IN 3114.6253 Turf Maintenance & Landscape S Turf Mgmt/Enhancement 7,176.00 194090 10/6/2017 150811 THOMPSON, DIANE 87.34 10026-OVRPMNT 4602 PENKWE WAY 267344 092617 9220.2250 Escrow Deposits Public Utilities 87.34 194091 10/6/2017 142973 T-MOBILE USA (R) 204.00 17-Z-113 267358 9297309085 9695.6589 Forfeiture Expenditures Dakota Co Drug Task Force 204.00 194092 10/6/2017 150730 TOLLEFSON FAMILY PORK 2.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267341 092717 3061.6220 PR003 Operating Supplies - General Market Fest 5.00 9/27 MARKETFEST-MARKETBUCKS 267341 092717 3061.6220 PR004 Operating Supplies - General Market Fest 7.00 194093 10/6/2017 100218 TOTAL TOOL 658.00 TOOLS FOR HYDRANT REPAIR.267351 01242337 6144.6240 Small Tools Hydrant Maintenance/Repair 658.00 194094 10/6/2017 150806 TRAEGER, LAURA 17.42 10026-OVRPMNT 1581 ANTLER PT 267345 092617 9220.2250 Escrow Deposits Public Utilities 17.42 194095 10/6/2017 142029 TRI TECH DISPENSING INC. 160.00 PLUMBING REPAIR 267352 54068 6827.6535 Other Contractual Services Building Maintenance 160.00 194096 10/6/2017 115307 ULINE (R) 256.71 BAGS, PAPER CUTTER, PAPER 267377 90655517 9695.6220 Operating Supplies - General Dakota Co Drug Task Force 256.71 194097 10/6/2017 122951 UNITED BUSINESS MAIL INC. 1,500.00 POSTAGE DEPOSIT 208001 267363 100417 9001.1420 Inventory - Postage Machine General Fund 1,500.00 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 19Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194098 10/6/2017 149351 UNITED FARMERS COOPERATIVE Continued... 900.00 EQUIP RENTAL 267366 859486 3114.6457 Machinery & Equipment-Rental Turf Mgmt/Enhancement 900.00 194099 10/6/2017 100464 VALLEY-RICH COMPANY INC 23,050.00 CATCHBASIN REPAIRS 267376 24642 6449.6432 Utility System Repair-Labor Manhole Insp/Mtn/Repair 23,050.00 194100 10/6/2017 100236 VAN PAPER 425.51 BLDG CLEANING SUPPLIES 267367 439060-00 3106.6223 Building/Cleaning Supplies Structure Care & Maintenance 20.79 BLDG CLEANING SUPPLIES 267364 439308-00 3106.6223 Building/Cleaning Supplies Structure Care & Maintenance 446.30 194101 10/6/2017 148920 VANG, CHANG 3.00 9/27 MARKETFEST-MARKETBUCKS 267362 092717 3061.6220 PR004 Operating Supplies - General Market Fest 9.00 9/27 MARKETFEST-MEDICA 267362 092717 3061.6220 PR007 Operating Supplies - General Market Fest 37.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267362 092717 3061.6220 PR003 Operating Supplies - General Market Fest 60.00 9/27 MARKETFEST-VEGGIE BUCKS 267362 092717 3061.6220 PR006 Operating Supplies - General Market Fest 123.00 9/27 MARKETFEST-POP CLUB TOKEN 267362 092717 3061.6220 PR005 Operating Supplies - General Market Fest 232.00 194102 10/6/2017 119217 VERIZON WIRELESS (R) 60.74 OCT 2017 CELL PHONE 267380 9793324930 9695.6355 Cellular Telephone Service Dakota Co Drug Task Force 70.02 OCT 2017 CELL PHONE 267379 9793453779 9695.6355 Cellular Telephone Service Dakota Co Drug Task Force 130.76 194103 10/6/2017 100912 VERIZON WIRELESS, BELLEVUE 35.01 AIRCARDS 267359 9793320222 0901.6355 Cellular Telephone Service Gen & Admin-Communications 35.01 AIRCARDS 267359 9793320222 1105.6212 Office Small Equipment Investigation/Crime Prevention 35.01 AIRCARDS 267359 9793320222 0301.6355 Cellular Telephone Service IT-Gen & Admn 35.01 AIRCARDS 267359 9793320222 0201.6355 Cellular Telephone Service General & Admn-Admn 35.01 AIRCARDS 267359 9793320222 3001.6355 Cellular Telephone Service General/Admn-Recreation 35.01 AIRCARDS 267359 9793320222 2010.6355 Cellular Telephone Service General Engineering 70.02 AIRCARDS 267359 9793320222 0720.6355 Cellular Telephone Service General Admin-Planning & Zonin 70.02 AIRCARDS 267359 9793320222 3057.6220 Operating Supplies - General Preschool Programs 70.02 AIRCARDS 267359 9793320222 3101.6355 Cellular Telephone Service Playground Maintenance 105.03 AIRCARDS 267359 9793320222 3201.6355 Cellular Telephone Service Administrative/General 172.05 AIRCARDS 267359 9793320222 2201.6355 Cellular Telephone Service Gen/Adm-Streets 175.05 AIRCARDS 267359 9793320222 0801.6355 Cellular Telephone Service General & Admn-Protective Insp 411.18 AIRCARDS 267359 9793320222 1221.6230 Repair/Maintenance Supplies-Ge Administration-Fire 833.08 AIRCARDS 267359 9793320222 1221.6355 Cellular Telephone Service Administration-Fire 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 20Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194103 10/6/2017 100912 VERIZON WIRELESS, BELLEVUE Continued... 1,470.42 AIRCARDS 267359 9793320222 1104.6349 Teleprocessing Equipment Patrolling/Traffic 35.01 AIRCARDS 267359 9793320222 9701.6355 Cellular Telephone Service PEG-eligible 25.02 AIRCARDS 267359 9793320222 6239.6352 Telephone Circuits Lift Station Maintenanc/Repair 35.01 AIRCARDS 267359 9793320222 6136.6355 Cellular Telephone Service GIS - Utilities 35.01 AIRCARDS 267359 9793320222 6147.6355 Cellular Telephone Service North Plant Production 35.01 AIRCARDS 267359 9793320222 6234.6355 Cellular Telephone Service Utility Locates 35.01 AIRCARDS 267359 9793320222 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 70.02 AIRCARDS 267359 9793320222 6101.6355 Cellular Telephone Service Water -Administration 35.01 AIRCARDS 267359 9793320222 6716.6355 Cellular Telephone Service General Administration 35.01 AIRCARDS 267359 9793320222 6801.6355 Cellular Telephone Service General & Administrative 3,927.04 194104 10/6/2017 100237 VIKING ELECTRIC 4.54 LBJ FOR SECURITY WELLS 267374 S000751844.008 6154.6233 Building Repair Supplies South Plant Building 29.77 TIMER FOR WELDING HOOD 267373 S000774107.001 6146.6233 Building Repair Supplies North Plant Building 279.51 REPLACE OUTSIDE LIGHTS 267372 S000792440.001 6148.6233 Building Repair Supplies North Well Field 31.94 OUTLET STP HALL/GARAGE 267375 S000812606.001 6154.6233 Building Repair Supplies South Plant Building 345.76 194105 10/6/2017 114534 VISTAR CORPORATION 144.88 CHIPS/CANDY/POPCORN/POP 267370 49686382 6805.6855 Merchandise for Resale Birthday Parties 288.14 CHIPS/CANDY/POPCORN/POP 267370 49686382 6831.6855 Merchandise for Resale Food and Beverage 334.55 CHIPS/CANDY/POPCORN/POP 267370 49686382 6806.6855 Merchandise for Resale Concessions 767.57 194106 10/6/2017 143309 VONBANK LAWN CARE 375.00 CONTRACT MOWING 267365 18809 3113.6535 Other Contractual Services Non-Park Turf Maintenance 375.00 194107 10/6/2017 100706 WAL MART 42.72 FLASH DRIVES 267395 000358-082917 1107.6220 Operating Supplies - General Support Services 71.88 FLASH DRIVES 267394 000727-082817 1105.6212 Office Small Equipment Investigation/Crime Prevention 44.76-SUPPLIES 267398 000886 3057.6227 Recreation Equipment/Supplies Preschool Programs 97.68 SUPPLIES 267396 001256 3057.6227 Recreation Equipment/Supplies Preschool Programs 1.97 MECH PENCIL 267399 001292 1101.6210 Office Supplies General/Admn-Police 17.52 LEMONADE/PLATES/NUTS 267393 001872-081517 1101.6477 Local Meeting Expenses General/Admn-Police 9.97 SUPPLIES 267402 002492 3057.6227 Recreation Equipment/Supplies Preschool Programs 8.78 SUPPLIES 267400 002519 3057.6227 Recreation Equipment/Supplies Preschool Programs 8.82 SUPPLIES 267401 005152 3057.6227 Recreation Equipment/Supplies Preschool Programs 59.76 ROOM DIVIDER 267397 009708 3001.6227 Recreation Equipment/Supplies General/Admn-Recreation 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 21Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194107 10/6/2017 100706 WAL MART Continued... 5.76 SUPPLIES 267392 009808 1110.6220 Operating Supplies - General Animal Control 280.10 194108 10/6/2017 119144 WASTE MANAGEMENT-SAVAGE (R) 468.71 WASTE REMOVAL OCT 2017 267381 7651483-2282-7 9695.6539 Waste Removal/Sanitation Servi Dakota Co Drug Task Force 468.71 194109 10/6/2017 116875 WHITE BEAR SPORTS CENTER 360.00 COMPETION FEES 267378 100317 6611.6220 Operating Supplies - General Learn To Skate 360.00 194110 10/6/2017 101755 XCEL ENERGY 430.66 CENTRAL PARKWAY STREET LITES 267360 51-6563390-9-09 2217 6301.6406 Electricity-Street Lights Street Lighting 430.66 194111 10/6/2017 101755 XCEL ENERGY 1,318.66 BURR OAKS LIFT STATION 267361 51-0011013079-4 -092217 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 1,318.66 194112 10/6/2017 119221 XCEL ENERGY (R) 592.11 OCT 2017 ELECTRICITY 267369 51-4403417-1-09 2217 9695.6405 Electricity Dakota Co Drug Task Force 592.11 20170328 10/6/2017 100693 EAGAN PAYROLL ACCT 628,677.13 PAYROLL ENDING 9/30/17 267410 100517 9001.1115 Claim on Cash General Fund 10,344.31 PAYROLL ENDING 9/30/17 267410 100517 9197.1115 Claim on Cash ETV 70,754.67 PAYROLL ENDING 9/30/17 267410 100517 9220.1115 Claim on Cash Public Utilities 15,929.15 PAYROLL ENDING 9/30/17 267410 100517 9221.1115 Claim on Cash Civic Arena 3,816.61 PAYROLL ENDING 9/30/17 267410 100517 9222.1115 Claim on Cash Cascade Bay 37,417.11 PAYROLL ENDING 9/30/17 267410 100517 9223.1115 Claim on Cash Central Park/Community Center 3,698.90 PAYROLL ENDING 9/30/17 267410 100517 9225.1115 Claim on Cash Fiber Infrastructure Fund 42,909.80 PAYROLL ENDING 9/30/17 267410 100517 9592.6144 FICA Benefit Accrual 90,746.58 PAYROLL ENDING 9/30/17 267410 100517 9592.1115 Claim on Cash Benefit Accrual 904,294.26 20172520 10/6/2017 115374 MN STATE RETIREMENT SYSTEM-HCSP 43,667.39 EMPLOYEE CONTRIBUTIONS 267405 100517 9592.2034 Ded Payable-HCSP Benefit Accrual 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 22Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20172520 10/6/2017 115374 MN STATE RETIREMENT SYSTEM-HCSP Continued... 43,667.39 20173220 10/6/2017 138969 MN STATE RETIREMENT SYSTEM-MNDCP 10,232.47 EMPLOYEE CONTRIBUTIONS 267406 100517 9592.2032 Ded Pay - Great West Def Comp Benefit Accrual 10,232.47 20174220 10/6/2017 100892 ICMA RETIREMENT TRUST 36,352.04 EMPLOYEE CONTRIBUTIONS 267407 100517 9592.2031 Ded Pay - ICMA Benefit Accrual 36,352.04 20175211 10/6/2017 100283 BERKLEY ADMINISTRATORS 20,000.00 WC ADVANCE 267408 100217 9593.1650 Worker's Comp Advance to DCA Workers' Compensation Self-In 20,000.00 20175656 10/6/2017 147907 SELECT ACCOUNT 2,503.65 FLEX REIMBURSEMENT 267409 100517 9592.2215 Flex Plan Withholding Payable Benefit Accrual 2,503.65 20178020 10/6/2017 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PER 9/17/17-9/30/17 267415 434600-100617 9592.6146 PERA - DCP Benefit Accrual 38,755.86 PAYROLL PER 9/17/17-9/30/17 267415 434600-100617 9592.6142 PERA - Coordinated Benefit Accrual 46,367.44 PAYROLL PER 9/17/17-9/30/17 267415 434600-100617 9592.6143 PERA - Police Benefit Accrual 64,576.95 PAYROLL PER 9/17/17-9/30/17 267415 434600-100617 9592.2013 Ded Payable - PERA Benefit Accrual 149,777.21 10/5/2017City of Eagan 16:43:08R55CKR2LOGIS101 23Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/6/201710/2/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20170180 10/6/2017 100249 FIT 124,295.46 PAYROLL ENDING 9/30/17 267411 100617 9880.2011 Ded Payable - FIT Payroll 124,295.46 20170181 10/6/2017 100250 COMMISIONER OF REVENUE-PAYROLL 32,513.79 PAYROLL ENDING 9/30/17 267412 100617 9880.2012 Ded Payable - SIT Payroll 32,513.79 20170182 10/6/2017 100252 FICA 31,616.35 PAYROLL ENDING 9/30/17 267413 100617 9880.2014 Ded Payable - FICA Payroll 31,616.35 20170183 10/6/2017 100253 MEDICARE 11,293.45 PAYROLL ENDING 9/30/17 267414 100617 9880.2015 Ded Payable - Medicare Payroll 11,293.45 3,575,124.00 Grand Total Payment Instrument Totals Checks 3,575,124.00 Total Payments 3,575,124.00 10/5/2017City of Eagan 16:43:12R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 10/6/201710/2/2017 - Company Amount 723,785.4209001GENERAL FUND 263.2209116CEDAR GROVE PARKING GARAGE 17,993.0609197ETV 931,695.9509220PUBLIC UTILITIES 16,947.0009221CIVIC ARENA 3,909.0209222CASCADE BAY 43,106.8809223CENTRAL PARK /COMMUNITY CENTER 3,698.9009225FIBER INFRASTRUCTURE FUND 2,016.8809328PARK SYS DEV AND R&R 1,804.2009334CEDARVALE/HWY 13 TIF 357,983.7109355MAINTENANCE FACILITY EXPANSION 861,120.8709372REVOLVING SAF-CONSTRUCTION 384,682.8709592BENEFIT ACCRUAL 20,000.0009593WORKERS' COMPENSATION SELF-INS 6,396.9709695DAK CO DRUG TASK FORCE 199,719.0509880PAYROLL Report Totals 3,575,124.00 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 2Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194121 10/13/2017 100360 APPLE FORD LINCOLN APPLE VALLEY Continued... 194122 10/13/2017 144673 ARCADE ELECTRIC 543.62 BALLAST REPLACMENT ON EAST 267417 8937 6603.6535 Other Contractual Services Building Repair & Maint. 543.62 194123 10/13/2017 100009 ASPEN EQUIP CO 5,813.00 #320 SNOWPLOW- CIP 267422 10180688 3531.6680 Mobile Equipment Equip Rev Fd-Dept 31 5,813.00 194124 10/13/2017 101609 ASPEN WASTE 76.76 FD WASTE 267443 S1321981-100117 3313.6539 Waste Removal/Sanitation Servi Fire Buildings 44.48 FD WASTE 267444 S1321999-100117 3313.6539 Waste Removal/Sanitation Servi Fire Buildings 47.29 FD WASTE 267445 S1322005-100117 3313.6539 Waste Removal/Sanitation Servi Fire Buildings 248.27 CH/PD WASTE 267442 S1322021-100117 3304.6539 Waste Removal/Sanitation Servi Bldg/Facilities Maintenance 105.30 GUN RANGE WASTE 267441 S1322039-100117 3316.6539 Waste Removal/Sanitation Servi Police 291.60 WASTE REMOVAL 267420 S1322047-100117 6603.6539 Waste Removal/Sanitation Servi Building Repair & Maint. 40.00 REFUSE CONTAINERS 267448 S1322062-100417 3111.6539 Waste Removal/Sanitation Servi Refuse/Waste Control 135.00 MT WASTE 267446 S1322088-100117 3314.6539 Waste Removal/Sanitation Servi Central Maintenance 1,593.01 DUMPSTER 267447 S1322104-093017 2401.6539 Waste Removal/Sanitation Servi Gen/Adm-Central Services 57.76 FD WASTE 267419 S1366341-100117 3313.6539 Waste Removal/Sanitation Servi Fire Buildings 2,639.47 194125 10/13/2017 100487 BARR ENGINEERING CO 1,596.00 ENGINEERING SERVICES 267462 23190770.01-3 7005.6310 Professional Services-General Fish Lake TMDL 5,238.50 ENGINEERING SERVICES 267428 23191139.17-8 6541.6712 P1243 Project - Engineering Capital Proj-Renew&Repl-cr1126 6,834.50 194126 10/13/2017 100016 BAUER BUILT 416.86 UNIT 501 267429 180219750 9001.1415 Inventory - Parts General Fund 416.86 194127 10/13/2017 108466 BERRY COFFEE COMPANY 58.00 COFFEE 267425 496295 6806.6855 Merchandise for Resale Concessions 300.75 COFFEE 267425 496295 6831.6855 Merchandise for Resale Food and Beverage 358.75 194128 10/13/2017 148777 BLACK & VEATCH CORPORATION 4,182.50 267426 1253569 6206.6310 C1122 Professional Services-General Preparation/ Research/ Writing 6,711.13 WATER MASTER PLAN 267427 1254491 6113.6310 C1121 Professional Services-General Preparation/ Research/ Writing 3,360.00 SANITARY MASTER PLANNING 267440 1255242 6206.6310 C1122 Professional Services-General Preparation/ Research/ Writing 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 3Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194128 10/13/2017 148777 BLACK & VEATCH CORPORATION Continued... 14,253.63 194129 10/13/2017 102077 BOLKS, STEPHANIE 35.00 TWO DETECTIVE LUNCHES 267658 092717 1105.6520 Major Investigation Expenses Investigation/Crime Prevention 52.96 MILEAGE 9/28-9/29/17 267659 092917 1105.6353 Personal Auto/Parking Investigation/Crime Prevention 87.96 194130 10/13/2017 150784 BOTSFORD, TONYA 46.32 9984-OVRPMNT 1769 HICKORY HILL 267423 9984-101117 9220.2250 Escrow Deposits Public Utilities 46.32 194131 10/13/2017 150847 BOTZ, KAREN 32.91 10079-OVRPMNT 3796 BLACKHAWK R 267421 100517 9220.2250 Escrow Deposits Public Utilities 32.91 194132 10/13/2017 148751 CAMPBELL KNUTSON 19,980.82 LEGAL 267463 3407-999G-09301 7 0602.6311 Legal Prosecuting Attorney 19,980.82 194133 10/13/2017 109326 CENTURY COLLEGE 120.00 CPR CARDS 267477 00654268 1223.6215 Reference Materials Training Fire & EMS 120.00 194134 10/13/2017 142846 CENTURYLINK 135.74 COMM LINE BTWN TRMNT PLANTS 267466 612E06-1331048- OCT17 6101.6352 Telephone Circuits Water -Administration 547.74 OAK POND LIFTSTATION 267471 612E06-3878017- OCT17 6239.6347 Telephone Service & Line Charg Lift Station Maintenanc/Repair 141.08 267468 612E12-0825197- OCT17 6101.6347 Telephone Service & Line Charg Water -Administration 423.24 267470 612E12-1089411- OCT17 6101.6347 Telephone Service & Line Charg Water -Administration 66.00 SPERRY TOWER RADIO LINES 267465 612E12-1121206- OCT17 6101.6347 Telephone Service & Line Charg Water -Administration 141.08 267469 612E12-6449410- OCT17 6101.6347 Telephone Service & Line Charg Water -Administration 141.08 267467 612E12-8187409- OCT17 6101.6347 Telephone Service & Line Charg Water -Administration 183.79 ART HOUSE 267472 651686-9134742-3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 4Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194134 10/13/2017 142846 CENTURYLINK Continued... OCT17 1,779.75 194135 10/13/2017 150834 CLOVERLEAF COLD STORAGE CO 13,650.00 REFUND FIN GUARANTEE 267461 100517 9001.2250.627 2864 Eagandale Blvd fin guaran General Fund 13,650.00 194136 10/13/2017 143057 COLUMBIA PIPE AND SUPPLY CO. 183.32 PR STATIONS 267476 2489044 6152.6260 Utility System Parts/Supplies PRS Inspection/Maint/Repair 183.32 194137 10/13/2017 142286 COMCAST 2.11 10/9/17-11/8/17 267450 877210508073668 5-100117 6146.6535 Other Contractual Services North Plant Building 2.11 194138 10/13/2017 142286 COMCAST 21.14 COMCAST 10/5/17-11/4/17 267455 877210508075712 9-092517 1221.6535 Other Contractual Services Administration-Fire 21.14 194139 10/13/2017 100040 CONT SAFETY EQUIP 290.00 O2 SENSORS 267478 445287 1225.6234 Field/Other Equipment Repair Fire / EMS Equipment 37.28 SAFETY SUPPLIES 267617 446315 3170.6222 Medical/Rescue/Safety Supplies General AdmIn-Parks 327.28 194140 10/13/2017 104475 COOKE CO., THE J.P. 755.00 DOG LICENSE TAGS 267473 473073 1110.6220 Operating Supplies - General Animal Control 755.00 194141 10/13/2017 150839 COOPER, CALEB 59.53 10079-OVRPMNT 4490 OAK POND RD 267452 100517 9220.2250 Escrow Deposits Public Utilities 59.53 194142 10/13/2017 150841 CORNICK, MICHAEL 39.99 10079-OVRPMNT 4278 BOULDER RID 267451 100517 9220.2250 Escrow Deposits Public Utilities 39.99 194143 10/13/2017 101756 DAK CTY CDA 21,000.00 REFUND FIN GUARANTEE 267460 100517 9001.2250.530 CDA Northwood fin guarantee General Fund 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 5Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194143 10/13/2017 101756 DAK CTY CDA Continued... 21,000.00 194144 10/13/2017 128852 DAK CTY REGIONAL CHAMBER OF COMMERCE 25.00 MEETING/GARY HANSEN 267480 67426 0101.6476 Conferences/Meetings/Training Legislative/Policy Development 25.00 J. HUTMACHER GOOD DAY 267464 67442 0720.6477 Local Meeting Expenses General Admin-Planning & Zonin 50.00 194145 10/13/2017 100405 DAKOTA ELECTRIC ASSOC 712.52 REPLACE LIGHT 267453 74719362 6301.6432 Utility System Repair-Labor Street Lighting 712.52 194146 10/13/2017 100405 DAKOTA ELECTRIC ASSOC 941.54 REPL LT- CGP & GOLD TRL 267454 74608719 6301.6432 Utility System Repair-Labor Street Lighting 941.54 194147 10/13/2017 100405 DAKOTA ELECTRIC ASSOC 6,126.36 ELECTRIC SERVICE CHANGE 267479 072617 6439.6630 Other Improvements Lift Station Maintenanc/Repair 6,126.36 194148 10/13/2017 140471 DCA TITLE 575.00 OLD FS 1 TITLE WORK 267474 42710 9337.6310 Professional Services-General Community Investment 575.00 FS 5 TITLE WORK 267475 42726 9337.6310 Professional Services-General Community Investment 1,150.00 194149 10/13/2017 118917 DEPARTMENT OF LABOR AND INDUSTRY 10,096.84 BLDG PERMIT 9/17 267449 090117 9001.2195 Due to State - Permit Surcharg General Fund 10,096.84 194150 10/13/2017 100056 DEPUTY REGISTRAR 162 17.25 VIN 0538 DUPLICATE TITLE 267456 0538-100617 1104.6480 Licenses, Permits and Taxes Patrolling/Traffic 23.75 VIN 3092 TITLE 267458 3092-100617 1224.6480 Licenses, Permits and Taxes Engineer 23.75 VIN 3839 TITLE 267457 3839-100617 1104.6480 Licenses, Permits and Taxes Patrolling/Traffic 64.75 194151 10/13/2017 100537 DUDZIAK, PAM 75.44 MILEAGE 9/27/17-9/29/17 267459 092917 0720.6353 Personal Auto/Parking General Admin-Planning & Zonin 75.44 194152 10/13/2017 100917 EAGAN FIRE DEPT. RELIEF ASSOCIATION 78,520.89 STATE FIRE AID - SUPPLEMENTAL 267513 219349 1221.6145 Fire Relief Association Administration-Fire 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 6Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194152 10/13/2017 100917 EAGAN FIRE DEPT. RELIEF ASSOCIATION Continued... 324,504.92 STATE FIRE AID 267513 219349 1221.6145 Fire Relief Association Administration-Fire 403,025.81 194153 10/13/2017 100387 EAGAN GENERAL REPAIR 54.55 UNIT 158 267497 26290 9001.1415 Inventory - Parts General Fund 836.54 UNIT 137 CHUTE REPAIR 267499 26306 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 125.62 UNIT 1205 267498 26324 9001.1415 Inventory - Parts General Fund 145.00 FIRE KITCHE TRAILER REPAIR 267500 26358 9001.1415 Inventory - Parts General Fund 430.00 RO 663 UYNIT 137 267502 26591 9001.1415 Inventory - Parts General Fund 1,591.71 194154 10/13/2017 100060 ECM PUBLISHERS INC 155.41 NOTICE OF SA HEARING 267483 531412 8227.6718 Project - Other Charges P1227 Cedar Industrial Park 155.41 NOTICE OF SA HEARING 267484 531413 8228.6718 Project - Other Charges P1228 Woodgate 2nd 155.41 NOTICE OF SA HEARING 267485 531414 8234.6718 Project - Other Charges P1234 Gopher Eagan Industrial 155.41 NOTICE OF SA HEARING 267486 531415 8235.6718 Project - Other Charges P1235 Halley's 57.25 NOTICE OF PH EASEMENT VACATION 267487 531416 9001.2245 J0301 Escrow - Private Development F General Fund 65.44 NOTICE OF PH EASEMENT VACATION 267488 531417 9001.2245 J0301 Escrow - Private Development F General Fund 744.33 194155 10/13/2017 142034 ELECTRIC PUMP 900.14 LIFT STATION SERVICE 267495 0061251-IN 6239.6432 Utility System Repair-Labor Lift Station Maintenanc/Repair 6,847.50 LIFTSTATION SERVICE AGREEMENT 267494 0061252-IN 6239.6310 Professional Services-General Lift Station Maintenanc/Repair 6,847.50 LIFTSTATION SERVICE AGREEMENT 267494 0061252-IN 6439.6310 Professional Services-General Lift Station Maintenanc/Repair 159.00 COUNTRY HALLOW SANITARY 267496 0061276-IN 6239.6260 Utility System Parts/Supplies Lift Station Maintenanc/Repair 14,754.14 194156 10/13/2017 150831 ELECTRONIC COMM SYSTEMS LLC 800.00 ALARM TESTING 267505 33713 6827.6569 Maintenance Contracts Building Maintenance 800.00 194157 10/13/2017 102938 ELERT & ASSOCIATES 150.00 CIP ART HOUSE FIBER 267512 7155 9328.6630 Other Improvements Park Sys Dev and R&R 150.00 194158 10/13/2017 101006 EMERGENCY AUTO TECHNOLOGIES 5,412.72 SQUAD #1 SETUP AND LABOR 267509 13018 3511.6680 Mobile Equipment Equip Rev Fd-Dept 11 63.17 SQUAD SETUP, PARTS 267510 EAG-2594 3511.6680 Mobile Equipment Equip Rev Fd-Dept 11 5,475.89 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 7Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194159 10/13/2017 150845 ESCAMILLA, JOSE Continued... 71.37 10079-OVRPMNT 3833 DEERCLIFF C 267481 100517 9220.2250 Escrow Deposits Public Utilities 71.37 194160 10/13/2017 114540 ESS BROTHERS & SONS, INC. 396.00 MS4 INFRASTRUCTURE MAINTENANCE 267489 XX7818 6541.6260 Utility System Parts/Supplies Capital Proj-Renew&Repl-cr1126 396.00 194161 10/13/2017 100451 FASTENAL COMPANY 362.22 NTP WALL RACK NTP SAFETY EQUIP 267511 MNTC1205437 6104.6233 Building Repair Supplies Safety 234.75 CONCRETE ANCHORS AND HARDWARE 267492 MNTC1205711 6146.6240 Small Tools North Plant Building 273.58 SUPPLIES FOR PM 2017 267493 MNTC1205772 6146.6230 Repair/Maintenance Supplies-Ge North Plant Building 13.39 BENCH INSTALL 267616 MNTC1205908 3104.6252 Parks & Play Area Supplies Site Amenity Installation 21.98 BENCH INSTALL 267602 MNTC1206084 3104.6252 Parks & Play Area Supplies Site Amenity Installation 905.92 194162 10/13/2017 111488 FASTFRAME 77.40 RETIREE PLAQUE 267655 29742 1101.6210 Office Supplies General/Admn-Police 77.40 194163 10/13/2017 145035 FELDMAN, JOSH 63.44 MILEAGE/PARK SEPT 2017 267490 092917 0501.6353 Personal Auto/Parking General & Admn-Finance 168.00 MILEAGE MNGFOA CONF ALEX 267490 092917 0501.6476 Conferences/Meetings/Training General & Admn-Finance 231.44 194164 10/13/2017 143971 FLEETPRIDE 8.88 TRAILER CONNECTORS 267501 87693414 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 8.88 194165 10/13/2017 100071 G & K SERVICES 53.42 MAINTENANCE RUGS 267508 6182700426 3314.6569 Maintenance Contracts Central Maintenance 43.70 RUGS 267491 6182700427 6146.6535 Other Contractual Services North Plant Building 29.56 CH RUGS 267507 6182700429 3315.6569 Maintenance Contracts City Hall 32.52 PD RUGS 267506 6182700430 3316.6569 Maintenance Contracts Police 18.00 ECC RUGS 267645 6182711878 6827.6569 Maintenance Contracts Building Maintenance 22.99 FD RUGS 267646 6182711880 3313.6569 Maintenance Contracts Fire Buildings 7.29 FD RUGS 267504 6182711882 3313.6569 Maintenance Contracts Fire Buildings 207.48 194166 10/13/2017 100990 GRAINGER 89.67 CLEANING SUPPLIES 267503 9570698515 6603.6223 Building/Cleaning Supplies Building Repair & Maint. 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 8Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194166 10/13/2017 100990 GRAINGER Continued... 89.67 194167 10/13/2017 150846 GUTENKAUF, JOHN 22.89 10079-OVRPMNT 4457 WOODGATE CT 267482 100517 9220.2250 Escrow Deposits Public Utilities 22.89 194168 10/13/2017 100085 HARDWARE HANK 21.00 BLDG REPAIR PARTS 267542 1709855 3106.6233 Building Repair Supplies Structure Care & Maintenance 120.00 CHAIN SAW SHARPENING 267536 1710902 2272.6425 Mobile Equipment Repair Labor Tree Trimming 27.95 CHAIN SAW PART 267537 1712115 2272.6231 Mobile Equipment Repair Parts Tree Trimming 68.94 MISC SUPPLIES 267539 1712792 3201.6240 Small Tools Administrative/General 83.60 HEDGE TRIMMER REPAIR 267538 1713563 2272.6425 Mobile Equipment Repair Labor Tree Trimming 9.18 FISHING CLINIC SUPPLIES 267534 1713953 6538.6227 Recreation Equipment/Supplies Pub Information/Education 7.49 WQ MONITORING SUPPLIES 267535 1716615 6520.6220 Operating Supplies - General Basin Mgmt-Aeration 7.76 BLDG REPAIR PARTS 267541 1718139 3106.6233 Building Repair Supplies Structure Care & Maintenance 5.99 HARDWARE HANK-TAPE 267540 1719149 1228.6230 Repair/Maintenance Supplies-Ge Inspection and Prevention 351.91 194169 10/13/2017 138432 HAUTH, JAMES 728.10 MNAWWA FALL CONFERENCE 267533 091517 6203.6476 Conferences/Meetings/Training Training & Education 728.10 194170 10/13/2017 100064 HAWKINS WATER TRTMNT GROUP INC 3,262.10 NTP CHEM NAMN04 267527 4155510 6147.6244 Chemicals & Chemical Products North Plant Production 111.60 NAMN04 CLEANER 267528 4155514 6147.6244 Chemicals & Chemical Products North Plant Production 1,293.00 CL2 NTP 267520 4156205 6147.6244 Chemicals & Chemical Products North Plant Production 431.00 CL2 STP 267521 4157748 6155.6244 Chemicals & Chemical Products South Plant Production 5,097.70 194171 10/13/2017 101708 HONSA LIGHTING SALES & SVC. INC. 324.38 BULB RECYCLING 267529 81359 6146.6233 Building Repair Supplies North Plant Building 667.08 PAINTING OF ARENAS 267522 81364 6603.6630 Other Improvements Building Repair & Maint. 991.46 194172 10/13/2017 148485 HOUSTON ENGINEERING INC. 2,000.00 MS4 PERMIT TRACKING 267532 0036274 6514.6479 Dues and Subscriptions NPDES Phase II 2,000.00 194173 10/13/2017 101592 HOVE, GREGG 49.98 UNIFORMS-WORK PANTS HOVE 267518 100417 3101.2115 Clothing Allowance Playground Maintenance 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 9Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194173 10/13/2017 101592 HOVE, GREGG Continued... 49.98 194174 10/13/2017 148985 HP INC. 103.42 ADMIN. COMP. DOCKING STATION 267653 59136480 1101.6660 Office Furnishings & Equipment General/Admn-Police 103.42 194175 10/13/2017 150840 JACOBSON, ALYSSA 31.64 10079-OVRPMNT 3962 WORCHESTER 267524 100517 9220.2250 Escrow Deposits Public Utilities 31.64 194176 10/13/2017 142544 JEDLICKI INC., G.F. 88,151.15 CONT 17-03 PMT 4 267519 091417 6542.6710 P1238 Project - Contract Capital Proj-WQ dedictn-cr1127 88,151.15 194177 10/13/2017 150805 KAPANKE, NICHOLAS 130.92 10026-OVRPMNT 1358 COSMOS LN 267530 092617 9220.2250 Escrow Deposits Public Utilities 130.92 194178 10/13/2017 150807 KUSIE, JEANIE 126.19 10026-OVRPMNT 4048 PENNSYLVANI 267531 092617 9220.2250 Escrow Deposits Public Utilities 126.19 194179 10/13/2017 119219 LAKEVILLE TROPHY (R) 111.71 PLAQUE 267514 22281 9695.6210 Office Supplies Dakota Co Drug Task Force 111.71 194180 10/13/2017 127557 LAKEVILLE TROPHY CO 243.80 RETIREMENT KAREL 267516 22404 1221.6475 Miscellaneous Administration-Fire 85.00 AWARD 267515 22410 1221.6475 Miscellaneous Administration-Fire 328.80 194181 10/13/2017 100420 LEAGUE OF MINN CITIES INS TRUST 370.00 CLAIM GL39157 267525 2975 9591.6386 Insurance Deductible Risk Management 370.00 194182 10/13/2017 148142 LIBERTY TITLE INC 74.73 10079-OVRPMNT 4287 EAGLE CREST 267523 100517 9220.2250 Escrow Deposits Public Utilities 74.73 194183 10/13/2017 100490 LIFEWORKS 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 10Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194183 10/13/2017 100490 LIFEWORKS Continued... 73.77 BLDG CLEANING CONTRACT 267599 988340 3106.6535 Other Contractual Services Structure Care & Maintenance 73.77 194184 10/13/2017 148166 LIFEWORKS U.S. INC. 1,399.08 LIFEWORKS EAP PROGRAM 267547 27340 1001.6319 Medical Services - Other General/Admn-Human Resources 1,399.08 194185 10/13/2017 147990 LINE 1 PARTNERS INC. 125.00 TESTING CAT5 CABLES PARKS 267517 19919 0301.6230 Repair/Maintenance Supplies-Ge IT-Gen & Admn 125.00 194186 10/13/2017 147898 LITIN 415.60 CONCESSION RESALE-PAPER PRODUC 267526 485863 6609.6855 Merchandise for Resale Concession Sales/Vending 415.60 194187 10/13/2017 150856 LONGLEY, HAROLD 600.00 HARVEST OF ART 9/10/17 267649 090717 3098.6320 Instructors MRAC Community Art Grant 2014 600.00 194188 10/13/2017 102253 LOUNSBURY, STEVE 277.24 PATROL TRAINING 9/20-9/25/17 267660 092517 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 277.24 194189 10/13/2017 149504 MACQUEEN EMERGENCY GROUP 38.60 UNIT 1219 267549 P00586 9001.1415 Inventory - Parts General Fund 38.60 194190 10/13/2017 141510 MADISON NATIONAL LIFE 4,795.96 LTD BILL-SEPT 2017 267556 8862-0917 9592.6152 Life Benefit Accrual 4,771.17 LTD BILL-OCT 2017 267557 8862-1017 9592.6152 Life Benefit Accrual 9,567.13 194191 10/13/2017 150849 MEHUS, GAYLE 66.98 10079-OVRPMNT 2034 VIENNA LN 267551 100517 9220.2250 Escrow Deposits Public Utilities 66.98 194192 10/13/2017 100571 MENARDS-APPLE VALLEY 112.21 IRRIGATION WINTERIZATION 267552 26904 3117.6234 Field/Other Equipment Repair Irrigation System Mtn/Install 112.21 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 11Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194193 10/13/2017 100133 MIKES SHOE REPAIR Continued... 150.00 CLOTHING ALLOWANCE-WEILAND 267567 9252017 6101.2115 Clothing Allowance Water -Administration 150.00 194194 10/13/2017 123677 MILLER TREE SERVICE 5,200.00 TREE STUMP (18 EA) REMOVAL 267554 092917 2242.6429 Street Repair-Labor Signs-Installation & Mtn 5,200.00 194195 10/13/2017 107758 MN AWWA 250.00 PROF OPERATOR DEVELOPMENT 267568 200002802 6103.6476 Conferences/Meetings/Training Training & Education 250.00 194196 10/13/2017 138821 MN LIFE INSURANCE COMPANY 1,454.42 MN LIFE BASICADD-OCT17 267559 OCT17 9592.6152 Life Benefit Accrual 1,465.42 MN LIFE BASICADD-SEP 17 267558 SEP17 9592.6152 Life Benefit Accrual 2,919.84 194197 10/13/2017 146682 MN LIFE INSURANCE COMPANY 3,961.65 MN LIFE VOLUNTARY-OCT17 267570 0033843-OCT17 9592.2021 Ded Payable - Insurance Benefit Accrual 4,013.85 MN LIFE VOLUNTARY-SEP17 267569 0033843-SEP17 9592.2021 Ded Payable - Insurance Benefit Accrual 7,975.50 194198 10/13/2017 120715 MN OCCUPATIONAL HEALTH 465.00 MN OCCUPATIONAL HEALTH 267544 256951 1001.6318 Medical Services - Physical Ex General/Admn-Human Resources 465.00 194199 10/13/2017 100670 MN PIPE EQUIPMENT 64,740.00 STORZ HYDRANT UPGRADES 267564 0384510 6144.6630 Other Improvements Hydrant Maintenance/Repair 1,201.20 LOCATING PAINT 267563 0387049 6234.6230 Repair/Maintenance Supplies-Ge Utility Locates 9.72 SPACER FOR CHECK 267553 0387280 6155.6260 Utility System Parts/Supplies South Plant Production 65,950.92 194200 10/13/2017 145327 MNSPECT LLC 3,062.50 9/25/17-9/29/17 267545 7139 0805.6310 Professional Services-General Construction Insp-Field 3,062.50 194201 10/13/2017 149009 MOUA, MAI CHONG 1.00 9/27 MARKETFEST-MARKETBUCKS 267550 092717 3061.6220 PR004 Operating Supplies - General Market Fest 5.00 9/27 MARKETFEST-VEGGIE BUCKS 267550 092717 3061.6220 PR006 Operating Supplies - General Market Fest 14.00 9/27 MARKETFEST-SNAP/EBT TOKEN 267550 092717 3061.6220 PR003 Operating Supplies - General Market Fest 30.00 9/27 MARKETFEST-POP CLUB TOKEN 267550 092717 3061.6220 PR005 Operating Supplies - General Market Fest 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 12Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194201 10/13/2017 149009 MOUA, MAI CHONG Continued... 50.00 194202 10/13/2017 100146 MTI DISTR CO 241.68 PARKS MOWER PARTS 267565 1141787-00 9001.1415 Inventory - Parts General Fund 1,127.03 PARKS MOWER PARTS 267548 1142040-00 9001.1415 Inventory - Parts General Fund 101.40 IRRIGATION REPAIR PARTS 267600 1143456-00 3117.6234 Field/Other Equipment Repair Irrigation System Mtn/Install 19.87 IRRIGATION REPAIR PARTS 267603 1143811-00 3117.6234 Field/Other Equipment Repair Irrigation System Mtn/Install 1,489.98 194203 10/13/2017 146468 MURPHY WAREHOUSE COMPANY 10,000.00 REFUND FIN GUARANTEE 267561 100517 9001.2250.534 905 Yankee Ddle Rd fin guar General Fund 10,000.00 194204 10/13/2017 101333 NOVACZYK,CRAIG 10.04 GAS PURCHASE 267546 101017 0812.6477 Local Meeting Expenses Conferences/Training-Prot Insp 10.04 194205 10/13/2017 143383 OERTEL ARCHITECTS 1,063.20 ARCH. FEES BRIDLE RIDGE 267605 8-100317 2846.6751 Design & Engineering (External Bridle Ridge Park 1,063.20 194206 10/13/2017 108599 OFFICE DEPOT, INC. 93.52 OFFICE SUPPLIES 267650 965291369001 1107.6210 Office Supplies Support Services 48.68 OFFICE SUPPLIES 267661 965291435001 1107.6210 Office Supplies Support Services 52.51 OFFICE SUPPLIES 267555 966733980001 2401.6210 Office Supplies Gen/Adm-Central Services 194.71 194207 10/13/2017 142091 OFFICE OF MN IT SERVICES 21.60 TOKENS - JOSH/DAN 267543 DV17090535 0301.6210 Office Supplies IT-Gen & Admn 21.60 194208 10/13/2017 146266 OLS RESTORATION INC. 9,770.00 CONT 17-14 PMT 2 FINAL 267562 082917 6301.6710 Project - Contract Street Lighting 9,770.00 194209 10/13/2017 100346 OLSEN CHAIN & CABLE CO 25.99 HOIST HOOKS ENDS 267566 607894 2401.6231 Mobile Equipment Repair Parts Gen/Adm-Central Services 25.99 194210 10/13/2017 146697 OVERDOG ART 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 13Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194210 10/13/2017 146697 OVERDOG ART Continued... 720.00 DESIGN FOR EAGAN BUSINESS NEWS 267560 4353 0903.6310 Professional Services-General Eagan Business News 720.00 194211 10/13/2017 149459 PARTNERS TITLE LLC 34.44 10079-OVRPMNT 1546 CLEMSON DR 267578 100517 9220.2250 Escrow Deposits Public Utilities 34.44 194212 10/13/2017 149323 PAUL'S MASONRY LLC 250.00 CONCRETE REPAIR AT STREET LIGH 267580 091917 6301.6432 Utility System Repair-Labor Street Lighting 250.00 194213 10/13/2017 149105 PETERS DESIGN COMPANY 450.00 LOGO LAUNCH BILLBOARD DESIGN 267585 1071 0909.6310 Professional Services-General Special Events 450.00 194214 10/13/2017 100302 PETTY CASH-PARK & REC 700.00 START UP HALLOWEEN 267577 102717 9001.1030.4 Change Cash - Warming Houses General Fund 700.00 194215 10/13/2017 100307 PILOT KNOB ANIMAL HOSP 2,232.85 KENNELL BOARDING 267657 142660 1110.6325 Vet/Kennel Charge/Animal Dispo Animal Control 2,232.85 194216 10/13/2017 144472 PRECISE MRM LLC 1,700.87 AVL EQUIP FOR TRAIL MACHINES 267575 IN200-1014316 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 1,700.87 194217 10/13/2017 100569 PREMIUM WATERS INC 137.70 DETECTIVE WATER COOLER 267647 604306-09-17 1105.6475 Miscellaneous Investigation/Crime Prevention 137.70 194218 10/13/2017 123573 PROFESSIONAL WIRELESS COMMUNICATIONS 79.00 FIXING 2 WAY RADIOS 267576 81564 6716.6535 Other Contractual Services General Administration 79.00 194219 10/13/2017 138652 QUALITY LOCKSMITH SERVICE INC. 300.00 EXTRA KEYS NTP 1 LOCKS 267596 QLS10290 6146.6233 Building Repair Supplies North Plant Building 300.00 194220 10/13/2017 143557 RANDSTAD (R) 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 14Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194220 10/13/2017 143557 RANDSTAD (R)Continued... 830.85 EVID TECH 9/24-9/30/17 267589 R21882464 9695.6561 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 830.85 194221 10/13/2017 148694 REINDERS INC. 787.56 GOAT #1 CIP- SOIL AMMENDMENT 267583 3050305-00 2822.6757 Seeding Goat Hill Park 787.56 194222 10/13/2017 100728 RENT N SAVE 3,414.13 PORTABLE TOILET RENT 267590 50662 3111.6539 Waste Removal/Sanitation Servi Refuse/Waste Control 3,414.13 194223 10/13/2017 150405 RMB ENVIRONMENTAL LABORATORIES INC 394.00 WQ MONITORING SAMPLES ANALYSES 267595 374208 6528.6323 Testing Services Basin Mgmt-Water Spl/Studies/M 181.00 WQ MONITORING SAMPLES ANALYSES 267573 374310 6528.6323 Testing Services Basin Mgmt-Water Spl/Studies/M 575.00 194224 10/13/2017 103065 ROTARY CLUB OF EAGAN 156.00 267574 2016-1638 0720.6477 Local Meeting Expenses General Admin-Planning & Zonin 156.00 2ND QUARTER MEETING CHARGE 267572 2016-1653 0201.6477 Local Meeting Expenses General & Admn-Admn 156.00 ROTARY-M. SCOTT 4TH QTR 17 267597 2016-1666 1221.6477 Local Meeting Expenses Administration-Fire 468.00 194225 10/13/2017 150848 SCHAEFER, BRUCE 29.44 10079-OVRPMNT 4535 WHITETAIL W 267581 100517 9220.2250 Escrow Deposits Public Utilities 29.44 194226 10/13/2017 102748 SCIPIONI, CINDY 84.50 CLERICAL CLOTHNG-SCIPIONI PANT 267656 100617 1107.6224 Clothing/Personal Equipment Support Services 84.50 194227 10/13/2017 100187 SEH 697.59 2C3C ENGINEER COSTS 267593 338954 6005.6310 AAT&T Professional Services-General Safari Antenna Location 839.61 SPERRY ENGINEER COSTS 267593 338954 6007.6310 AVERI Professional Services-General Sperry Antenna Location 195.78 L1900 ENGINEER COSTS 267594 338956 6001.6310 ATMOB Professional Services-General Deerwood Antenna Location 383.97 SPERRY ENGINEER COSTS 267594 338956 6007.6310 ASPRI Professional Services-General Sperry Antenna Location 566.30 L1900 ENGINEER COSTS 267594 338956 6007.6310 ATMOB Professional Services-General Sperry Antenna Location 2,683.25 194228 10/13/2017 146625 SHRED-IT USA 629.66 DOCUMENT SHREDDING 267571 8123233132 3001.6457 Machinery & Equipment-Rental General/Admn-Recreation 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 15Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194228 10/13/2017 146625 SHRED-IT USA Continued... 629.66 DOCUMENT SHREDDING 267571 8123233132 1101.6310 Professional Services-General General/Admn-Police 74.78 DOCUMENT SHREDDING 267571 8123233132 6801.6569 Maintenance Contracts General & Administrative 1,334.10 194229 10/13/2017 108338 SL-SERCO 2,007.72 AUGUST METER READING 267592 11076177C 6201.6310 Professional Services-General San Sewer-Administration 2,007.72 AUGUST METER READING 267592 11076177C 6162.6310 Professional Services-General Meter Reading 4,015.44 194230 10/13/2017 143029 SOUTH METRO SPORTS 77.00 UNIFORMS-R. MARKS 267587 080117-MARKS 3170.2115 Clothing Allowance General AdmIn-Parks 247.00 WORK SHIRTS-HOIUM 267586 092217-HOIUM 2201.2115 Clothing Allowance Gen/Adm-Streets 83.00 UNIFORMS-R. MARKS SHIRTS 267588 092217-MARKS 3170.2115 Clothing Allowance General AdmIn-Parks 407.00 194231 10/13/2017 148036 SPOK INC. 4.58 PAGER 267584 A0318109V 3301.6351 Pager Service Fees General Management 4.58 194232 10/13/2017 100359 ST CROIX RECREATION CO INC 1,559.00 CIP BIKE RACKS 267591 19555 2852.6762 Special Features/Furnishings General Park Site Improvmts 1,559.00 194233 10/13/2017 150844 SUNQUIST, RYAN 57.05 10079-OVRPMNT 1764 HICKORY HIL 267582 100517 9220.2250 Escrow Deposits Public Utilities 57.05 194234 10/13/2017 143865 SUNRISE RENTAL LLC 39.51 10079-OPVRPMNT 4241 SUNRISE RD 267579 100517 9220.2250 Escrow Deposits Public Utilities 39.51 194235 10/13/2017 142667 TACTICAL PRODUCTS & SERVICES INC. 1,041.10 WEXLER'S BALLISTIC VEST 267651 741 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 2,018.40 KENT.KIRSTEN BALLISTIC VESTS 267651 741 1144.6224 Clothing/Personal Equipment Bullet Proof Vests grant 3,059.50 194236 10/13/2017 143384 TAYLOR ELECTRIC COMPANY 11,738.00 L.E.D CHANGE OUT NTP 267623 1135 6146.6427 Building Operations/Repair-Lab North Plant Building 11,738.00 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 16Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194237 10/13/2017 144080 TEAM LABORATORY CHEMICAL CORP.Continued... 331.50 SEWER CLEANING 267627 INV0008280 6238.6244 Chemicals & Chemical Products Sewer Main Maintenance 331.50 194238 10/13/2017 100107 THYSSENKRUPP ELEVATOR 125.00 ELEVATOR 267635 3003469070 3313.6569 Maintenance Contracts Fire Buildings 125.00 ELEVATOR 267635 3003469070 3316.6569 Maintenance Contracts Police 185.00 ELEVATOR 267635 3003469070 3315.6569 Maintenance Contracts City Hall 250.00 ELEVATOR 267635 3003469070 9116.6223 Building/Cleaning Supplies Cedar Grove Parking Garage 125.00 ELEVATOR 267636 3003471429 6827.6569 Maintenance Contracts Building Maintenance 125.00 MONTHLY DUES 267630 3003471430 6603.6569 Maintenance Contracts Building Repair & Maint. 125.00 ELEVATOR 267641 3003471939 6146.6535 Other Contractual Services North Plant Building 1,060.00 194239 10/13/2017 113124 TOLL GAS & WELDING SUPPLY 21.36 ARGON GAS CYLINDERS 267629 40071919 2401.6241 Shop Materials Gen/Adm-Central Services 21.36 194240 10/13/2017 100543 TOTAL CONTROL SYSTEMS INC 1,720.00 NTP CONTROL SCREEN FILTERCELL 267622 8039 6147.6432 Utility System Repair-Labor North Plant Production 1,720.00 194241 10/13/2017 150755 TOWN & COUNTRY LANDSCAPING OF ROGERS INC 4,500.00 GOAT #1 CIP 267604 16431 2822.6757 Seeding Goat Hill Park 4,500.00 194242 10/13/2017 149500 TOYOTA-LIFT OF MINNESOTA 592.50 FORKLIFT TRAINING 267624 S0058594 6103.6476 Conferences/Meetings/Training Training & Education 592.50 FORKLIFT TRAINING 267624 S0058594 6203.6476 Conferences/Meetings/Training Training & Education 1,185.00 194243 10/13/2017 100223 TRI STATE BOBCAT 150.00-CR P69563 267643 P70199 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 475.00 TRAILER MOVER HITCH FOR SKIDST 267644 P80176 2242.6231 Mobile Equipment Repair Parts Signs-Installation & Mtn 325.00 194244 10/13/2017 107542 TRI-COUNTY LAW ENFORCEMENT ASSOCIATION 75.00 TRI-COUNTY DET. FEE 267648 091517 1105.6479 Dues and Subscriptions Investigation/Crime Prevention 75.00 194245 10/13/2017 100232 UHL CO INC 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 17Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194245 10/13/2017 100232 UHL CO INC Continued... 24,128.40 SECURITY CAMERA UPDATE 267639 47985 6146.6427 Building Operations/Repair-Lab North Plant Building 810.00 PAID WRONG AMOUNT ON INV 50090 267607 50090-032317 3503.6660 Office Furnishings & Equipment Equip Rev Fd-Dept 03 24,938.40 194246 10/13/2017 120163 ULINE INC. 344.32 OFFICE SUPPLIES 267637 90676579 1107.6210 Office Supplies Support Services 344.32 194247 10/13/2017 100464 VALLEY-RICH COMPANY INC 3,094.03 WATER MAINBREAK 267631 24611 6160.6432 Utility System Repair-Labor Main Maintenance/Repair 4,009.66 WATER MAINBREAK 267632 24621-1 6160.6432 Utility System Repair-Labor Main Maintenance/Repair 7,103.69 194248 10/13/2017 100236 VAN PAPER 157.83 BLDG CLEANING SUPPLIES 267598 440071-00 3106.6223 Building/Cleaning Supplies Structure Care & Maintenance 157.83 194249 10/13/2017 150604 VANG, TOU 11.00 9/27 MARKETFEST-MARKETBUCKS 267606 092717 3061.6220 PR004 Operating Supplies - General Market Fest 11.00 194250 10/13/2017 100912 VERIZON WIRELESS, BELLEVUE 50.02 ROUTER-DETECTIVE UNIT 267611 9793634752 1108.6355 Cellular Telephone Service Communications 50.02 194251 10/13/2017 100237 VIKING ELECTRIC 70.39 GFI ELECTRIC FOR NTP COLD 267621 S000834777.001 6146.6233 Building Repair Supplies North Plant Building 33.96 WIRE STRIPPER REPLACEMENT 267640 S000834820.001 6146.6240 Small Tools North Plant Building 104.35 194252 10/13/2017 138695 VIKING TITLE LLC 23.15 10079-OVRPMNT 774 YORKTOWN PL 267608 100517 9220.2250 Escrow Deposits Public Utilities 23.15 194253 10/13/2017 150852 VINTMILLA, EFREN 47.32 10079-OVRPMNT 824 CORNWALLIS C 267609 100517 9220.2250 Escrow Deposits Public Utilities 47.32 194254 10/13/2017 114534 VISTAR CORPORATION 66.56 LUNCHABLES/PRETZELS/CANDY 267634 49773590 6806.6220 Operating Supplies - General Concessions 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 18Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194254 10/13/2017 114534 VISTAR CORPORATION Continued... 94.69 LUNCHABLES/PRETZELS/CANDY 267634 49773590 6831.6855 Merchandise for Resale Food and Beverage 627.10 LUNCHABLES/PRETZELS/CANDY 267634 49773590 6806.6855 Merchandise for Resale Concessions 163.48 FRIES/HOT DOGS/CHIPS 267633 49809436 6609.6855 Merchandise for Resale Concession Sales/Vending 549.76 CHIPS/POP/CHICKEN 267620 49871992 6609.6855 Merchandise for Resale Concession Sales/Vending 1,501.59 194255 10/13/2017 100459 WEATHER WATCH INC 152.90 WEATHER REPORTS-OCT 17 267642 9180 2240.6535 Other Contractual Services Street Plowing/Sanding 152.90 194256 10/13/2017 141852 WENCK ASSOCIATES INC. 916.60 ENGINEERING SERVICES 267615 11706657 6542.6712 P1266 Project - Engineering Capital Proj-WQ dedictn-cr1127 791.00 ENGINEERING SERVICES 267612 11706660 6542.6712 P1238 Project - Engineering Capital Proj-WQ dedictn-cr1127 10,059.40 ENGINEERING SERVICES 267613 11706661 6542.6712 P1239 Project - Engineering Capital Proj-WQ dedictn-cr1127 1,273.00 ENGINEERING SERVICES 267614 11706663 6542.6712 P1241 Project - Engineering Capital Proj-WQ dedictn-cr1127 13,040.00 194257 10/13/2017 146686 WILSKE, JOSH 32.21 MILEAGE 9/7/17-9/22/17 267619 092217 0301.6353 Personal Auto/Parking IT-Gen & Admn 991.79 SECURITY CONFERENCE 267618 092817 0301.6476 Conferences/Meetings/Training IT-Gen & Admn 1,024.00 194258 10/13/2017 150356 WOLD ARCHITECTS AND ENGINEERS 17,814.74 WOLD ARCHITECT, SCHEMATIC DES 267628 54138 9353.6720 Project - Architect POLICE & CITY HALL REMODEL 83,155.82 WOLD ARCHITECTS, DESIGN DVLP 267626 55283 9353.6720 Project - Architect POLICE & CITY HALL REMODEL 100,970.56 194259 10/13/2017 150776 WORLEY MARKETING GROUP LLC 6,134.60 LONE OAK SANITARY 267625 4214EAGAN 6239.6260 Utility System Parts/Supplies Lift Station Maintenanc/Repair 6,134.60 194260 10/13/2017 101755 XCEL ENERGY 146.34 CENTRAL PARK PUMP STATION 267610 51-6563391-0-10 0417 3186.6405 Electricity Recreation Program Support 207.64 BAND SHELL 267610 51-6563391-0-10 0417 3106.6405 Electricity Structure Care & Maintenance 251.43 CONCESSION STAND 267610 51-6563391-0-10 0417 3106.6405 Electricity Structure Care & Maintenance 340.72 FESTIVAL GROUNDS 267610 51-6563391-0-10 0417 3106.6405 Electricity Structure Care & Maintenance 10/12/2017City of Eagan 15:52:57R55CKR2LOGIS101 19Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/13/201710/9/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194260 10/13/2017 101755 XCEL ENERGY Continued... 4,553.76 WELL #20 267610 51-6563391-0-10 0417 6148.6409 Electricity-Wells/Booster Stat North Well Field 2,881.69 ECC NATURAL GAS 267610 51-6563391-0-10 0417 6824.6410 Natural Gas Service Utilities 18,179.51 ECC ELECTRICITY 267610 51-6563391-0-10 0417 6824.6405 Electricity Utilities 26,561.09 194261 10/13/2017 100244 ZACKS INC 119.07 SHOP SUPPLIES 267601 32327 3128.6231 Mobile Equipment Repair Parts Vehicle Maintenance 119.07 194262 10/13/2017 100247 ZIEGLER INC 7,601.12 WELL 2 HEAT EXCHANGER 267638 SW050282910 6148.6432 Utility System Repair-Labor North Well Field 7,601.12 20175107 10/13/2017 100283 BERKLEY ADMINISTRATORS 6,334.00 WC ADMIN FEE-SEP/OCT 2017 267662 101117 9593.6387 Worker's Comp - Administration Workers' Compensation Self-In 6,334.00 20175658 10/13/2017 147907 SELECT ACCOUNT 87,875.00 DEPOSIT FOR 4TH QTR 2017 267663 101217 9592.6159 VEBA Benefit Accrual 87,875.00 20175659 10/13/2017 147907 SELECT ACCOUNT 1,965.63 FLEX REIMBURSEMENT 267664 101217-1 9592.2215 Flex Plan Withholding Payable Benefit Accrual 1,965.63 1,095,916.76 Grand Total Payment Instrument Totals Checks 1,095,916.76 Total Payments 1,095,916.76 10/12/2017City of Eagan 15:53:02R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 10/13/201710/9/2017 - Company Amount 522,582.2209001GENERAL FUND 250.0009116CEDAR GROVE PARKING GARAGE 305,676.7409220PUBLIC UTILITIES 3,252.2109221CIVIC ARENA 79.0009222CASCADE BAY 23,226.0809223CENTRAL PARK /COMMUNITY CENTER 8,059.7609328PARK SYS DEV AND R&R 12,098.8909335EQUIPMENT REVOLVING 1,150.0009337COMMUNITY INVESTMENT 100,970.5609353POLICE & CITY HALL REMODEL 621.6409372REVOLVING SAF-CONSTRUCTION 370.0009591RISK MANAGEMENT 110,303.1009592BENEFIT ACCRUAL 6,334.0009593WORKERS' COMPENSATION SELF-INS 942.5609695DAK CO DRUG TASK FORCE Report Totals 1,095,916.76 Agenda Information Memo October 17, 2017, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts:  The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved:  Account Service Agreement with One Source the Background Check Company for out-of-state motor vehicle records used for employment background checks  Format License Agreement with Complex Media, Inc. for permission to use “Hot Ones” show elements Attachments: (0) The contracts are available from the City Clerk’s Office. Agenda Information Memo October 17, 2017, Eagan City Council Meeting CONSENT AGENDA E. Reject all Proposals for the Sale of Fire Station #1 and Authorize Pursuit of New Proposals for the Sale of Fire Station #1 Action to Be Considered: To Reject all Proposals for the Sale of Fire Station #1 and authorize Pursuit of new proposals for the Sale of Fire Station #1. Facts:  The City received three proposals for the sale of Fire Station #1  The Finance Committee conducted a meeting on August 23, 2017 and directed Staff to pursue further the possible execution of a purchase agreement with the preferred proposer.  The City could not reach an understanding on terms of a possible purchase agreement with the preferred proposer.  New Proposals would be received through Monday November 6, 2017. Attachments: (0) Agenda Information Memo October 17, 2017 Eagan City Council Meeting CONSENT AGENDA F. Approve resolution scheduling a public hearing for November 21, 2017 on an amendment to the 2016-2020 Facilities Capital Improvement Plan and on intent to issue capital improvement bonds Action to be Considered: To approve a resolution scheduling a public hearing for November 21, 2017 on an amendment to the 2016-2020 Facilities Capital Improvement Plan and on intent to issue capital improvement bonds under Minnesota Statutes, Section 475.521. Facts:  At the September 12 workshop, staff and Wold Architects updated the City Council on the Police/City Hall remodel project that is part of the 2016-2020 Facilities Capital Improvement Plan (CIP) originally approved by the Council in 2015.  Plans for Phase 2 of the Central Maintenance Facility (CMF) addition/remodel were a part of the original Facilities CIP approved in 2015 as well.  Both projects are scheduled for 2018 and will be financed primarily by capital improvement bonds in accordance with Minnesota Statutes, Section 475.521.  An amendment to the 2016-2020 Facilities CIP is proposed, primarily to update estimates of project costs and bonding amounts. Both Kutak Rock, the City’s bond counsel, and Northland Securities, the City’s financial advisor, recommended amending the existing Facilities CIP over creating a new 2018- 2022 Facilities CIP as no new projects have been added.  The amendment to the 2016-2020 Facilities CIP is being drafted and will be included in the November 21 packet materials  The first bond issue related to the Police/City Hall and Phase 2 CMF projects is contemplated for Spring 2018, at roughly the same time construction is scheduled to begin. Attachments: (2) CF-1 Resolution CF-2 Minnesota Statutes, Section 475.521 4819-5807-2401.1 RESOLUTION RESOLUTION STATING INTENT TO ISSUE BONDS UNDER MINNESOTA STATUTES, SECTION 475.521, CALLING PUBLIC HEARING ON PROPOSAL TO ADOPT AN AMENDMENT TO FIVE-YEAR CAPITAL IMPROVEMENT PLAN AND INTENT TO ISSUE BONDS AND WAIVING REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.356, SUBD. 2 WHEREAS, pursuant to Minnesota Statutes, Section 475.521 the City of Eagan, Minnesota (the "City") may issue bonds without an election to finance capital expenditures under an approved capital improvement plan provided that, among other things, the City adopts the plan after a public hearing thereon and publishes a notice of its intention to issue the bonds and the date and time of a hearing to obtain public comment on the matter; and WHEREAS, the City Council, foll owing a public hearing on August 3, 2015 , adopted a five-year capital improvement plan pursuant to Minnesota Statutes, Section 475.521 (the “CIP Act”) which includes a fire station, central maintenance facility ex pansion, and City Hall and police facilities expansion and improvement (the "Plan); and WHEREAS, there has been presented to the City Council a proposed First Amendment to the Plan (the “Amendment”); and WHEREAS, the City Council is required to hold a public hearin g on the Amendment prior to its adoption and on the City Council’s intention to issue bonds under the CIP Act ; and WHEREAS, the Amendment contemplates the issuance of approximately $22,385,000 as described therein; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council intends to issue approximately $22,385,000 general obligation capital improvement bonds as described in the proposed Amendment. 2. The City Council hereby calls for a public hearing on the Amendment and its intent to issue the bonds as described in the Amendment on November 21, 2017. The City Clerk is hereby directed to cause the notice to be published at least 14 but not more than 28 days before the hearing in the official newspaper of the City or a newspaper of general circulation in the City. 3. The City Council hereby finds that the capital improvements described in the Amendment have no relationship to the City’s comprehensive municipal plan and waives any requirement for a planning agency report on the improvements under Minnesota Statutes, Section 462.356, Subd. 2 . Whereupon said resolution was declared duly passed and adopted this 17 th day of October 2017 . CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 4819-5807-2401.1 Motion by: Seconded by: Those in favor: Those against: Dated: Oct. 17, 2017 STATE OF MINNESOTA COUNTY OF DAKOTA ) SS CITY OF EAGAN CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Eagan do hereby certify that the attached and foregoing Resolution was duly adopted by the Eagan City Council at its Regular Meeting of October 17, 2017, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ________ day of October, 2017 ______________________________________ City Clerk Page 1 of 2ExportStreamingHandler.ashx 10/10/2017http://ea-laserfiche/laserfiche/Viewer/Pdf/PrintPdfViewer.html?file=ExportStreamingHandler.ashx%3Frepo%3... Page 2 of 2ExportStreamingHandler.ashx 10/10/2017http://ea-laserfiche/laserfiche/Viewer/Pdf/PrintPdfViewer.html?file=ExportStreamingHandler.ashx%3Frepo%3... Agenda Information Memo October 17, 2017 Eagan City Council Meeting CONSENT AGENDA H. Contract 17-06 Digital UHF Radio System Replacement Action To Be Considered: Receive the bids for Contract 17-06 (Digital Radio System Replacement), and award a contract to Ancom Communications, Inc. for the base bid in the amount of $143,321.76, authorize the Mayor and City Clerk to execute all related documents and authorize the purchase of associated radio models and accessories up to an amount not to exceed $31,678.24. Facts:  Contract 17-06 provides for a new City-owned digital UHF or 2-way radio system.  The Streets, Utilities and Park maintenance Divisions currently utilize a UHF radio system to assist in their day-to-day operations.  The existing UHF radio system is analog, was installed in 1989, and has reached the end of its life cycle.  The new digital UHF radio system will provide improved performance as well as interoperability with the public safety 800 mHz communication system when needed to respond to emergency incidents.  On December 6, 2016, the Council approved the 2017 Annual Budget which included $175,000 in the Equipment Revolving Fund (335) for UHF Radio System Improvements.  On September 19, 2017, the Council approved plans and specifications and autho rized a bid opening to be held on October 9, 2017.  On September 27, 2017, a mandatory pre-bid meeting was held for prospective vendors. Nine (9) people representing six (6) prospective vendors attended the meeting.  On October 9, 2017, two bid proposals were received. One of the bids submitted (Infinity, $86,302.52) did not meet the specified requirements and was determined to be non-responsive.  The bid specifications included submittal of pricing for a digital UHF radio system including fixed equipment and antennas and unit (catalog) pricing for portable user- radios. The base bid of $143,321.76 being considered for award addresses the cost of the fixed equipment and antennas, but does not reflect the acquisition price for the portable user-radios.  The purchase by unit (catalog) pricing for portable user-radios allows the City flexibility to review available radio models, accessories and determine the appropriate model and quantities of equipment to purchase. The maximum amount of radios and accessory equipment to be purchased would be $31,678.24, adequate for about 80 radio models.  The responsive bid has been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The bid of $143,321.76 from Ancom Communications Inc. has been reviewed by Public Works staff, the City Attorney’s office and the City’s technical consultant, is consistent with prices for relevant bid items within the metro area and found to be in order for favorable Council action. Attachments (1) CH-1 Bid Analysis 7900 International Drive – Suite 300 Bloomington, MN 55425 E -Mail: jeff.nelson@pscalliance.com Voice 612-216-1502 FAX 888-384-9171 October 11, 2017 Mr. Tim Plath, P.E. City of Eagan 3501 Coachman Pt. Eagan, MN 55122 Re: Analysis of Bids for Public Works Radio System Project Dear Tim: As you know, PSC Alliance Inc. (PSC) was engaged by the City of Eagan to assist with the planning, requirements definition, specification development, letting, and analysis of bids for a replacement public works digital mobile radio system. This letter reports the results of PSC’s analysis of the recent bids opened on October 9, 2017 in the presence of several City staff. Background Over the summer, City public works staff have had the opportunity to test digital portable radios intended to replace the City’s existing aging analog radio system. Based on those tests City staff elected to pursue a replacement radio system based primarily on the use of portable radios (vs. vehicle mounted “mobiles”) for many of its public works personnel. Specifications were crafted identifying and requiring a radio system that would provide Citywide coverage for the fleet of workers and equipment. The specifications were prepared to allowing multiple equipment sourcing. These specifications called for primary base station “repeaters” at the new Sperry tower site along with remote receivers at three other municipal water tanks. While the existing analog radio system relies upon leased telephone lines to connect remote sites together, the proposed new system would leverage existing City owned fiber optic cable to one water tank site and microwave links to two other tanks. Altogether this would result in four fixed radio sites serving the public works users. Area radio system vendors were notified of the project, provided with the specifications, and invited to a pre-bid meeting. A total of nine (9) vendors representing six (6) firms attended the pre-bid meeting. Vendors were invited to submit written questions about the requirements before the pre-bid meeting and again offered the opportunity to submit follow-up questions after that meeting. No vendor submitted written questions prior to the meeting and two vendors submitted questions after the meeting. All vendors were also afforded the opportunity to visit the sites of the work. Subsequently one (1) specification addendum was published addressing the vendor questions and providing supplemental information for use in preparing bids. Bid Results Three (3) vendors were present at the bid opening. Two (2) bids were received by the deadline, opened, and publicly read aloud. (The third attending vendor was there as an observer.) The required equipment and services were organized into nine (9) bid categories and specifications required individual unit pricing to ensure that a complete system was being quoted. Bid categories 1-8 primarily focused on fixed equipment, software, installation, optimization, and maintenance support services. Bid category 9 was created to allow vendors to quote various compatible mobile and portable radios. -continued- Bid Analysis Tim Plath Page 2 – October 11, 2017 The two bidders responding to the City’s solicitation were Ancom Communications of Burnsville, MN and Infinity Wireless of Maple Grove, MN. Both vendors quoted digital land mobile radio equipment manufactured by Motorola. References & Experience Both Ancom and Infinity have a satisfactory track record of business. Infinity has been in business for 20 years and Ancom for 26 years. Both identified suitable references using similar equipment to what they proposed for the Eagan public works project. Ancom is a larger organization (33 staff) compared to Infinity (10 staff). Ancom also has more technicians (14) compared to Infinity (4). Ancom identifies more technical certifications and competencies compared to information provided by Infinity. Ancom’s identified projects included larger, more technically complex undertakings compared to the reference information provided by Infinity. Infinity Wireless Bid At first inspection, overall pricing appears to favor the Infinity Wireless bid but a close inspection of Infinity’s submission identifies these issues: a) The proposed system will not work, nor will it meet the specifications based on Infinity’s quoted Category 2 equipment inventory. Effectively Infinity’s bid omits one-half of the receivers called for in Category 2 for installation at the water tank sites. We believe this is a significant defect in Infinity’s bid that warrants bid rejection. b) It appears that antennas for remote water tank sites have been double counted in Infinity’s inventory. c) Infinity’s documentation identifies no cost for the City’s required, two-year warranty service. We do not believe that the required level of 2 year on-site support can be practically provided at no cost as identified in the bid. d) It appears that Infinity has not included cost for microwave equipment installation on the Sperry tower utilizing the Contractor currently identified in the specifications and currently responsible for the warranty of that tower and its lighting fixtures. e) Infinity’s bid identifies that they will have the proposed system installed and ready for preliminary acceptance within 25 calendar days (17 work days). Based upon our decades of experience planning, specifying and implementing these systems, we do not think this schedule is practically achievable. Ancom Communications Bid Ancom’s bid totals $143,540.28 and it also was the subject of closer analysis. Specifically, we note these items: a) Ancom’s inventory is complete and significantly more granular and comprehensive than the inventory and pricing from Infinity. b) In Category 4 (microwave) equipment, Ancom included antennas which will offer greater interference protection compared to the microwave antennas quoted by Infinity. c) Items listed in Category 7 (fixed equipment for the Maintenance Facility) are included in the total price but are actually options as described in Addendum #1. d) Ancom includes the required two year warranty and specifically identifies the costs both for manufacturer support and Ancom’s local support. Additionally, Ancom offers an optional cost to extend the warranty/maintenance period to five (5) years at the City’s discretion. e) Ancom included costs for a knowledgeable, trained, and previously City approved, third party antenna erection contractor to do the antenna work for all of the sites (three tanks & Sperry). f) Ancom proposes a Motorola portable/mobile radio trade-in arrangement subject to the following terms: • For every ten (10) 7000 series portable radio purchased, get $1,200 back with old radio trade-in; and, Tim Plath Page 3 – October 11, 2017 • Trade-in promotion ends December 31, 2017. • Assuming 80 portable radios are purchased this has a trade-in rebate value of $9,600. This brings the per-unit portable radio cost lower than Infinity’s best quantity discount which, if the bid were compliant, would have required a minimum purchase of 60 radios. g) Ancom, if awarded the contract, offers to immediately outfit City staff with loaner digital portable radios operating on Ancom’s wide area repeater network until such time as the new fixed equipment is installed on City property and new portables can be configured and deployed. Ancom estimates City project completion will require fifty (50) calendar days. h) We also note what appear to be math errors in Ancom’s bid when comparing itemized pricing to summary pricing as shown below. • Category 4 total is listed in their tabular summary as $28,415.97. We believe the correct number should be $28,247.45. This is a difference of $168.52. • Category 8 pricing is listed in the summary as $32,065.34. We believe the correct number should be $32,015.34. This is a difference of $50.00. Table 1 below shows the category pricing, as taken from the Ancom bid forms: Bidder Category 1 Category 2 Category 3 Category 4 Category 5 Category 6 Category 7 Category 8 Category 9 Ancom $17,357.05 $42,013.95 $2,575.00 $28,415.97 $6,889.76 $2,892.54 $11,330.67 $32,065.34 Catalog Table 1 – Ancom Bid Results Eagan Public Works Digital Radio Project Summary & Recommendation We recommend that Infinity’s bid be rejected as non-compliant and therefore unresponsive. We find the Ancom bid to be both specification compliant and responsive to the City’s needs and we therefore recommend contract award to Ancom Communication Inc. in the amount of $143,321.76. (This recommended contract value accounts for math errors identified in “h” above.) This amount is less than the sum budgeted for the project by the City in 2016. This cost is consistent with our prior knowledge of the industry given our experience planning and specifying hundreds of government radio projects. Based on prior projects that we have supervised in this region, we are confident that Ancom is a responsible bidder and can successfully complete the project for the City of Eagan. If you have any questions about any of the information provided, please contact me. Sincerely, J. J. Nelson Jeff Nelson PSC Alliance Incorporated Agenda Information Memo October 17, 2017 Eagan City Council Meeting CONSENT AGENDA I. Contract 17-12, I&I Manhole Seals Sanitary System Improvements Action To Be Considered: Approve the final payment for Contract 17-12 (Inflow and Infiltration Manhole Seals – Sanitary Sewer Improvements) in the amount of $18,660.00 to Ess Brothers & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: Contract 17-12 provided the installation of internal manhole seals to eliminate the inflow of storm water runoff from roadways and right of ways (25 total seals) into the sanitary sewer system. The total contract cost for the inflow and infiltration mitigation improvements was $18,660.00. These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo October 17, 2017 Eagan City Council Meeting CONSENT AGENDA J. Contract 17-24, Well 4 Rehabilitation Water Improvements Action To Be Considered: Receive the bids for Contract 17-24 (Well 4 Rehabilitation – Water Improvements), and award a contract to E. H. Renner for the base bid in the amount of $32,415.00, and authorize the Mayor and City Clerk to execute all related documents. Facts:  Contract 17-24 provides for the proposed rehabilitation of City Well 4 as programmed for 2017 in the City of Eagan’s 5-Year Capital Improvement Program (Part III, 2017- 2021).  The City’s Public Works Department (Utilities Division) operates 22 deep water wells as the source of Eagan’s municipal drinking water supply.  Wells are typically refurbished or rehabilitated every seven years or approximately after 45,000 running hours. Refurbishing includes equipment removal, equipment disassembly and inspection, replacement of worn or broken parts, equipment reassembly, coating protection, televising the actual well (determine physical condition), cleaning the casing, installation, and final inspection/testing. On average, the City of Eagan contracts to rehabilitate three wells per year.  On August 24, 2017, three bid proposals were received (see attached summary). The low bid, was 15% below the Engineer’s estimate of $38,000.00.  All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $32,415.00 from E. H. Renner has been reviewed by Public Works staff and found to be in orde r for favorable Council action. Attachments (1) CJ-1 Bid Summary Bid Date/ Time: 11:00 a.m., Thursday August 24, 2017 Well 4 Estimate: $38,000 Contractors Total Base Bid Over/Under Estimate E. H. Renner $32,415 -15% Bergerson-Caswell $36,330 -4% Traut Wells $44,175 16% Keys Well Drilling No Quote BID SUMMARY 2017 MUNICIPAL WELL REHABILITATION CITY PROJECT NO. 1256 CITY CONTRACT NO. 17-24 Agenda Information Memo October 17, 2017 Eagan City Council Meeting CONSENT AGENDA K. Cost-Share, Operation and Maintenance Agreement 3828 Hunters Overlook Action To Be Considered: Approve a Cost Share, Operation and Maintenance Agreement with Randy and Mary Kay Twito (3828 Hunters Overlook) to help implement a Shoreland and Upland Buffer Project at Bald Lake through the Water Quality Cost-Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. Facts:  On December 4, 2012, the City Council approved a Water Quality Cost-Share Partnership Program (Program), the purposes of which are to: 1) improve water quality in downstream public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public waterbodies; 3) preserve, protect and enhance native plant communities around public waterbodies; and 4) educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities.  The Program is funded from the stormwater utility fund and is being administered by Water Resources staff according to City Council priorities as designated in approved capital improvement programs, lake management plans, and development agreements. The Program is provided up to $50,000 annually in the 2017-2021 Public Works Department's Capital Improvement Program.  Randy and Mary Kay Twito will engage a specialized contractor to prepare, plant, and establish a shoreland buffer at Bald Lake, on approximately 3,500 square feet of the parcel, with an additional 3,530 square feet of woodland invasive plant control, along approximately 230 linear feet of lakeshore, to protect shoreland and upland soils from erosion, reduce stormwater runoff and nutrient impacts to Bald Lake and enhance native plant communities. The property owners will be responsible for long-term maintenance of the site for a minimum of the next 10 years.  The project will be a lake-viewable demonstration, including from the Wandering Walk shoreland trail, that may influence other shoreland residents to follow suit.  The project should be substantially completed by the end of 2017 at a total estimated cost of approximately $15,000. An estimated cost-share of $11,250 (75% of project costs) from the City will be matched by approximately $3,750 of funding (25% of project costs) from the Twitos. Attachments (1) CK-1 Cost-Share, Operation and Maintenance Agreement 1 CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT This Cost Share, Operation and Maintenance Agreement (“Agreement”) is made this __________ day of ______________________, 2017, by and between Randy S. Twito and Mary Kay K. Twito, husband and wife (the “Owners”), and the City of Eagan, a Minnesota municipal corporation (the “City”), (collectively the “Parties”). WHEREAS, the Owners are the fee title holder of real property located at 3828 Hunters Overlook, Eagan, Minnesota, and legally described as follows: Lot 5, Block 3, THE OAKS OF BRIDGEWATER SECOND ADDITION, Dakota County, Minnesota (the “Property”); WHEREAS, the Owners desire to perform a water quality improvement project (the “Project”) to install Shoreland and Upland Buffer Protection (the “Improvements”), as depicted on and in accordance with the proposal attached hereto as Exhibits A & B and incorporated herein (the Exhibits will be referred to as the “Plans and Specifications”); WHEREAS, the Owners have submitted an application for assistance with the Project under the City’s Water Quality Cost Share Partnership Program (the “Program”); WHEREAS, the City finds that the Project will serve a public purpose by supporting one or more of the following public water resource priorities: a. improving water quality in downstream public waters; b. reducing stormwater runoff into the public storm-sewer system and public waters; c. preserving, protecting and enhancing native plant communities around public waters; and d. educating and engaging the public on the value of improving public water resources, and empowerment and partnership opportunities; WHEREAS, the City finds that the Owners and the proposed Project meet the eligibility requirements for participation in the Program; and 2 WHEREAS, the City agrees to provide the Owners with certain financial and technical assistance for the Project through the Program, subject to the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and obligations of the Parties hereinafter set forth, the Parties agree as follows: 1. Plans and Specifications. a. Owners’ Responsibility. The Owners shall be responsible for development of the plans/design, specifications and itemized cost estimate for the Improvements (the “Plans and Specifications”). b. City Review. The Owners shall submit the Plans and Specifications to the City for review and written approval by the City Engineer or his designee prior to installation of the Improvements. Notwithstanding the foregoing, the Owners shall be solely responsible to determine the adequacy of the Plans and Specifications and to comply with all applicable laws and regulations, and the City shall have no liability for the Plans and Specifications or the Improvements. c. Modification of Plans and Specifications. Any modification to the approved Plans and Specifications must be approved in writing by the City Engineer or his designee. 2. Installation. a. Standards. The Improvements shall be installed in accordance with the approved Plans and Specifications. b. Labor and Materials. The Owners shall select, obtain and pay for all labor and materials for the Project, consistent with the Plans and Specifications, subject to partial reimbursement as provided in this Agreement. c. Photographs. The Owners shall take photographs to document the Project. d. Time for Completion. The Project must be completed within one year from the date of execution of this Agreement, unless an extension has been requested and granted by amendment of this Agreement. e. Report. Within 30 days after completion of the Project, the Owners shall submit to the City Engineer or his designee a project completion summary in a form acceptable to the City Engineer (including supporting photographs). 3 3. Reimbursement. a. Reimbursement Request. After the Improvements are completed and approved by the City Engineer or his designee, the Owners shall submit to the City Engineer or his designee a written request for reimbursement including (i) a detailed itemization of costs, (ii) original receipts or paid invoices and (iii) itemization and documentation of the Owners’ Match as defined below (collectively the “Reimbursement Request”). b. Reimbursement Amount. The City shall reimburse the Owners pursuant to the Reimbursement Request for up to $11,250.00 for eligible Project costs, and not to exceed seventy-five percent (75 %) of total Project costs. c. Reimbursement Schedule. The City shall issue reimbursement to the Owners within thirty (30) days of receipt of a completed Reimbursement Request. d. Eligible Costs. All Project costs will be reviewed and verified by the City Engineer or his designee as eligible, practical and reasonable. The City reserves the right to make adjustments to the Project costs submitted for reimbursement based on this review. Subject to the foregoing, the following Project costs are eligible for reimbursement: i. Materials for the Improvements. ii. Contracted labor costs for site preparation, installation and establishment period (2 years maximum period post-installation) of the Improvements. iii. Contracted design / engineering fees, and soil-analysis, but only if approved in writing by the City Engineer or his designee before contracted design / engineering / soil-analysis work begins. e. Ineligible Expenses. i. Notwithstanding any provision of this Agreement to the contrary, purely aesthetic components of the Improvements are not eligible for reimbursement and shall not be considered part of the Project costs. ii. Funding will only cover work performed after this Agreement has been signed, with the exception of pre-project planning / design / engineering costs that may be allowed to be included, determined on a case-by-case basis, if pre-approved in writing by the City Engineer or his designee. f. Owners’ Match. i. The Owners shall be responsible for a minimum of twenty-five percent (25 %) of Project costs, which can include in-kind labor value. 4 4. Maintenance. a. Maintenance Obligation. For a period of ten (10) years commencing on the date the Improvements are completed and approved by the City Engineer or his designee, the Owners shall maintain and repair, when necessary, the Improvements in accordance with the Plans and Specifications. b. Maintenance Costs. The Owners shall be solely responsible for all costs associated with long-term maintenance and repairs of the Improvements. 5. Inspections and Reports. a. Annual Inspections. The Improvements shall be inspected annually, between May 15 and October 15, by a Qualified Person selected by the Owners to determine whether or not the Improvements are functioning in accordance with the Plans, Specifications and this Agreement. As used in this Agreement, the term “Qualified Person” shall mean a person approved by the City Engineer based on wetland and upland buffer best management practice training and experience. City Water Resources staff are considered Qualified Persons, with no fee to Owners. If choosing to use an independent Qualified Person, the Owners’ responsibilities under this Section shall be at the Owners’ sole cost and expense. If, as a result of the inspection, the Improvements are determined not to be functioning in accordance with the Plans and Specifications and this Agreement, the Owners shall restore/repair the Improvements to function as specified herein. b. City Notification and Independent Inspection. The City shall be notified at least 24 hours prior to independent annual inspections or any significant maintenance of the Improvements and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the Improvements at any time to evaluate the installation and maintenance of the Improvements. c. Inspection and Maintenance Report. If using an independent Qualified Person, the Owners shall submit a report to the City Engineer or his designee by e-mail or mail, no later than thirty (30) days after any annual inspection and/or maintenance of the Improvements, providing the following information: i. Date and time of inspection. ii. Log of findings. iii. Date and time of maintenance. iv. Details of maintenance performed. v. Photographic documentation. 6. Standards for Performance. Any act of construction, installation, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5 7. Right of Entry. The City, its agents and employees shall have the right to enter the Property to inspect and to implement the terms of this Agreement. The City, its agents and employees shall not be subject to or liable for any claims of trespass in connection with such entry. 8. Indemnification. The Owners shall indemnify and hold the City and its City Council members, officers, employees, agents, representatives, attorneys, successors and assigns, harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owners or any third party caused by or related to the Improvements, and (iii) damage to real property or personal property of the Owners or any third party caused by or related to the Improvements. 9. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owners, on behalf of themselves and their successors and assigns, expressly acknowledge and agree that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, and may condition consent upon such terms as the City deems desirable. The Owners, on behalf of themselves and their successors and assigns, further agree and covenant, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 10. Remedies for Default. a. Termination. If the Owners fail to perform the Owners’ obligations as and when required under this Agreement (a “Default”), and fails to cure such Default within thirty (30) days after the City gives written notice to the Owner specifying the Default, subject to such extension as may be reasonably necessary due to weather conditions, then the City may terminate this Agreement by written notice to the Owners. b. Repayment. Upon termination of this Agreement, the City Engineer or his designee shall determine the amount, if any, by which the reimbursement to the Owners for Project costs under this Agreement exceeded the public benefit received by the City from the Project (the “Overage”). The Owners shall repay the Overage to the City within thirty (30) days after receipt of an invoice from the City describing the calculation and the amount of the Overage. If the Owners fail to timely repay such 6 funds, the Owners shall be responsible for the City’s attorneys’ fees and costs enforcing this Agreement, including costs of collection. c. Force Majeure. Notwithstanding the foregoing, the Owners shall not be liable for repayment of funds received under this Agreement if the failure was caused by reasons proven to be beyond the Owners’ control. 11. Duration. This Agreement shall be for a term of ten (10) years and shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 12. Recording Agreement. The City will record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution of this Agreement, and shall provide the Owners with verification of this recording. 13. Governing Law; Venue. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. Any dispute regarding this Agreement shall be venued in the State of Minnesota District Court in Dakota County. Owners’ (or Representative’s) Contact Information for Long-Term Inspection/Maintenance: Owners: Randy S. Twito 3828 Hunters Overlook Eagan, MN 55123 Mary Kay K. Twito 3828 Hunters Overlook Eagan, MN 55123 Telephone: _____________________ Email: ________________________ IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first listed above. [Signature pages follow] 7 CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT Signature Page of Owners OWNERS: ________________________________________________ Randy S. Twito ________________________________________________ Mary Kay K. Twito STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this ____ day of ____________, 2017, by Randy S. Twito and Mary Kay K. Twito, husband and wife. ___________________________________ Notary Public 8 CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT Signature Page of City CITY: CITY OF EAGAN, a Minnesota municipal corporation By: ______________________________________ Mike Maguire Its: Mayor By: ______________________________________ Christina M. Scipioni Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this ____ day of ______________, 2017, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-4768) ®080 16040FeetBuffer(Mulch/Plant)3,500 s.f.Buckthorn Control(no planting yet)1,500 s.f.Access TrailReinforced80 lin.ft.Buffer(Mulch/Plant)2,400 s.f.Buckthorn Control(no planting yet)2,030 s.f.Buckthorn Control(no planting yet)3,200 s.f.3828Hunters OverlookBald Lake12345 Restoration Proposal for: Dr. Randy and Mary Kay Twito 3828 Hunters Overlook Eagan, MN Proposal Date: October 6th, 2017 Prepared by: Bill Bartodziej M.S., Senior Restoration Ecologist Natural Shore Technologies, Inc. 612.730.1542 bill.b@naturalshore.com October 6th, 2017 Dear Randy and Mary Kay: Thank you again for giving Natural Shore Technologies the opportunity to bid on your project. Below is a Project Summary which outlines our restoration methods and cost breakdown. We would like to emphasize that we tailor our restoration approach to fit your site characteristics and specific objectives. We look forward to developing a partnership with you to produce an exceptional restoration that exceeds your expectations. We would enjoy the chance to answer any questions that you have regarding this restoration proposal. We take great pride in our reputation and attention to customer satisfaction. After you have read through and are comfortable with the proposed plan and specified cost, please sign the contract that is provided. A down payment and a signed contract are required to book your project. Best regards, Bill Bartodziej, M.S. Senior Restoration Ecologist Natural Shore Technologies, Inc. Project Summary 1. Dimensions: per plan provided by City of Eagan Water Resources – Restoration Areas 1,2 & 3 2. Site assessment and plan development include: detailed site preparation methods, plant selection, and a project timeline and work schedule for our staff. Because most of projects involve the establishment of natural buffers, site drawings and planting plans are not necessary. We have found that over time, native plants will seek out the optimal micro-habitats and flourish. However, project plan drawings can certainly be provided at an additional cost upon client request. 3. Delineate and verify total restoration project area(s). 4. Design planting so that flowering will occur at different periods throughout the growing season. Short prairie grass species will be used around the buffer edges closest to the turf. 5. Kill all weedy species and turf with an herbicide appropriate for upland or aquatic use. A licensed herbicide applicator from Natural Shore Technologies will apply the treatment. 6. Cut and remove remaining weedy material. 7. Apply a 3” layer of shredded hardwood mulch over Restoration Area 1 on map. 8. Lay out plants into plant zones per plan specifications. We will use 1,550 plants for your restoration. 9. Install all plants @ approximately 1.5’ centers. Move mulch aside and a light mulch layer will be returned around the base of the plants to hold moisture. Mulch will not be placed below the normal water level. 10. Cover access pathway with a mesh reinforcement matting. Cover with soil. Seed pathway area with a custom native grass mix. Harrow seed, then cover with degradable erosion control blanket. 11. Site monitoring will be conducted and appropriate maintenance will be provided throughout the 2019 growing season. Project Cost This bid includes project design and management, all materials, labor, and a two year maintenance plan. This is a comprehensive bid estimate and valid for thirty days. We require a 25% down payment to schedule your project. Cost Breakdown Site Design, Project Management, Mobilization $1,112.00 Site preparation, soil placement, mulch $5,870.00 Plants - 1550 - 3" and 4" containers $5,552.50 Erosion control materials $1,320.00 Maintenance - 2 yr plan - discount w shore plan $1,120.00 TOTAL = $14,974.50 Site maintenance Site maintenance includes three visits per year during the growing season to monitor and conduct activities that will ensure proper restoration establishment. We use the most appropriate, up-to-date maintenance techniques such as targeted herbicide application, hand pulling, mowing, and spot weed whipping to effectively control invasive weeds. Our lead maintenance supervisor has a B.S. in Biology and 10 years of field experience. *Note we do offer long-term maintenance contracts. Over 90% of our clients use that service. Twito Restoration Project Staff Qualifications Our company has over 50 years of combined ecological restoration experience. We are a local company that focuses on quality ecological restoration in the Metro area. Our clients vary from private estates on Lake Minnetonka, to large corporate headquarters in Eden Prairie. We also work with many city and county governments and watershed management organizations. We are fully insured. Our specialty is lakeshore and wetland restoration. We have restored many miles of lakeshore in Minnesota, more than any other company. Please see our portfolio for examples of our restoration projects that include; shorelines, wetlands, prairies, savannas, and rain gardens. Please see our project photo book at: http://www.blurb.com/books/6034090-natural-shore-technologies-inc-photobook Natural Shore Technologies Plant Material We have commercial and retail greenhouses in Maple Plain. Our plants are Minnesota native perennials that will flourish year after year. Utilizing our own plant material in our projects assure quality control. Our wetland and prairie plants are guaranteed to establish during the first growing season. Perennial plants put most of their energy into establishing root systems so please keep in mind that the first year of growth will be mainly underground. You will see some flowering the first year, but significantly more flowering during the second year of establishment. Information about our retail native plant greenhouses located in Maple Plain is also available at: www.naturalshore.com Twito Restoration Project Guarantee We stand by our native plant material and our ecological restoration services. Native plants that we install are guaranteed to establish during the first growing season. Any plant material that does not make it through the first growing season will be replaced at no charge to the client. On projects that we install and manage, we will guarantee successful establishment of your ecological restoration within three full growing seasons. This proposal provides a plan for accomplishing the restoration of the project site. If successful establishment does not occur within three growing seasons, all necessary steps will be taken to ensure the eventual success of the project, at no additional charge. For purposes of this guarantee, successful establishment is defined as follows: That the presence of at least 80% of the original seeded or planted species can be found on the site, and that the overall density of vegetation is comprised of no less than 80% native species. The only exceptions to this guarantee have to do with plant death due to acts of God (floods or drought) the actions of others (vandalism), or animal herbivory (e.g., geese, muskrats). If these extreme circumstances do happen to occur, we will work with the client at a reduced rate to make all necessary repairs. Our goal will always be to create successful, long-term partnerships with our clients. Our guarantee is the best in the business, and provides you with a clear understanding that we are here to fully support your ecological restoration endeavor. Twito Restoration Project Contract A down payment of $3,743.00 is required to schedule your project. The remainder of the project cost is due at project completion. Please note that this proposal is valid for 30 days from the date on this Contract. If you would like to proceed with the above outlined project, please sign the contract below. Project Name: Twito Shore Restoration Contract Value: $ 14,974.50 Client name: Dr. Randy and Mary Kay Twito Signed: ________________________________________________________ Date _________________________ Contractor: Natural Shore Technologies, Inc. Signed: Contract Date: Contract Date for 30 Day term William M. Bartodziej, M.S. Senior Restoration Ecologist, Natural Shore Technologies Please return a signed copy of this contract and a check to: Natural Shore Technologies, Inc. 6275 Pagenkopf Rd. Maple Plain, MN 55359 Twito Restoration Project Benefits of our quality restoration work. Agenda Information Memo October 17, 2017, Eagan City Council Meeting CONSENT AGENDA M. Approve Final Plat for Nader First Addition Action To Be Considered: To approve a Final Plat to adjust the lot line between two single-family lots located at 1556 and 1562 Highview Avenue. Facts:  The property is platted as two single-family lots and is zoned R-1, Single-family Residential.  Proposed Lot 1 contains an existing single-family home that was constructed in 2004. Proposed Lot 2 is vacant. The property owner desires to shift the rear portion of the side lot line between the two parcels to the west.  Both lots have the same owner; thus, the lot line adjustment can be accomplished by Final Plat without a subdivision process.  Both proposed lots continue to meet R-1 zoning dimensional and bulk standards, and the new lot line does not create a need for any associated Variance.  Existing easements will remain in place, and new 5’ drainage and utility easements dedicated along both side of the new lot line, per City Code standards.  The Dakota County Surveyor has reviewed the Final Plat and okayed it for mylars.  All documents are in order for execution at the October 17, 2017 City Council meeting. Issues: None Attachments: (2) CM-1 Location Map CM-2 Final Plat C.S.A.H. NO. 31 (PILOT KNOB ROAD)STATE TRUNK HWY. NO. 13E G AN AV EN U E LOON LANEBRIDGEVIEW AVE STEPHANIE CR MEA DOW V I E W R OAD CORP. CENT. DR. HIGHVIEW AVE CORPORATE CENTER DRIVE VILASLANESKYLIN E CT TOWERVIEW ROAD TOWERVIEW ROAD ALEXANDERRD OSTER DR R A IN I E R LANE DRIVE HIGHVIEW TERRACESIBLEY HILLS DRVINCE TRBRIDGEVIEW TERRACEPINERIDGEDRIVESKYLINETR WO: 52497 SKYLINE DRIVEHIGHRIDGEWOODLARK LANEINTERSTATE HWY. NO. 494 M CCARTHYROADSTATETRUNKHWY.NO.13TERRACESO UTHRIDGE AVE RED CEDAR ROAD SHIELDSDR.INLANDROADC ORPORATE CENTER CU R V E RUSTICHILLSDRSKYLINECHERRYWOOD CTMCCART H Y R D SKYLINER OAD PATH HIGHVIEW AVE SKYLINE DR PilotKnobPark CountryHome Park Highview Park Fort SnellingState Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Nader First AdditionRequest: Final PlatCase No.: 04-FP-03-07-17 Subject Site VICINITY MAP NW tp NE tIA D 6E 1/A SEC.4-T.27N.-RMW. DAKOTA COUNTY, MN DR/DMNL SLAiE I INCH •3o FEET 0 b 60 SO4 WrN T NADER FIRST ADDITION DRAINAGEAIm UMITYEASEYENT6ARE 6NDLYYTHUS: 57 1 J BEiNGs FEETINWDM AAD ADpIMNG 610EANDREAR LDrun�. AM IDFEErpa NIDMANOPADIMNG ILGHr OF WAYLIN£SAGSHJNNCNAAT IwLESS DTHEALNSEShpNN i%". JL g 4 I -L/ JUL2 5 2017 KNOWALL FEfl6CA5 BY n1ESEPRESENTS: 11ea1Amrb NmYYNSYYNCIryrbYranday. AuadvNaM W1. wnNadpmblba0p obmihW wDPD'h: LD6 ] W 9. Bbrh f, NAGQt ACU'MW, ac[mpq mmennND]PV TYed a1vNOwN, AlVmwm NNA olstlTY mm m Deauvyee YgplslbdeT NAOR9FW6TALpTNN DDDNes nYMYana'e b IIrFWbIa PDNic m h1s AMlxe ab DYlyeDymxYxdeaDtl DYTuplet m vYnxa Wweofutl NaJVMM'ydeYNGMNwIYN JVY, InuJndYN xM.hYV DYYnm xlUnilmtla Ynx�WYd Pte. ft y , COUN]YOF iFJs NNrtAMAxxacbaWslaedDNov me a+ DYNYYINwwytlmW .1 NDM'—, NUDNItlW We SgWlse PYN • AWDYPudk, M/2mm:saD.q wpNea I Gnp&LLM.9uht ableldryamry DW DYa Nal rcpfeprephYnxo wYmy YYedwpeMm-n; pall ana YYylw�ntllN6wuaK Lt Nn6lYe dMMNWe.XW rt'c pmlu arm�etWlewAYm dTe bvaW'YYaYM IIW aYmaTNDYpa'dn YNNDNSYe LY Jesyoalgm Tia pN tlW aLmu'IwM+e Cpih'Lan M.dYMreEem D!df� p'M TNY+wLal Yell crown YafNMW mttupa[daNn]b LenAnYSYnaY Sedh9'.G501 &Ihd. 3,ndMelYbdph DNYlcYeo7 Wen OebdTu_,tYyd t_ BCAWNG 80.515 THE NOnMCINEOF LOT1, &OLN 1, NACEA ADp new Ls Ass16L�o rD eEAn NBY50 SBE GYp LunJµvN.laaYL9etl LYNSwgw Yveaasda Limn Na 521x6 STA]E Of CWNIY � 1lai hYnanYY laspMnYaL{ yDDRvemew .D/G iB. LDrmCwu Sgnatrx NdYyPIYPc. AlyevrrrdeammPus� CITYLOfMLII OFEAGAA'. M/MYESOrA M+pplYx ePPmYNIW me LMf fldE4 .MawaYl We_A9'd N MM'wYYaRWimINIYF.s xkD a/tlNrtVnvnwYs'xxlMTn MNmaeSWAa. Savor 5050.9, SWa. 2. MYAx [brk INnDY a'PNmatn aaararea LYT NDYAmb SIYWs.be-Jbn 305DPf; SWT ff. TYpW Nahen mmeYH argaPgewtl Tie_Eeyd p TobB. ]DNleen DNbb LWray 6lM�n 4PMTMENTOF PROPEfltt MA-AfO RELY R44 Rwswtlm Mwlamla Sh(ufe6, Sac0Dn 505.011. SD{E D,mxpaytlMm WM✓30 mDm cad DYmlbeipe OesnMpllmADenpaY Alm. FYIDN/Ym N9li(aYmd Sb!uYs. sxeo,na.ll.men•.emalo�m.wllN�e,�ev.,w«m.�rN. m� awn WUNtt RELdIpER, LOLwTYOF DM(OTA, STAIEDF AaNAE50TA lIAAOY rrDNTNhepW dNADER FLRSTA0.YIlON nx RefmTedM1udDALouNYRY.MkIMppN: reevJm Nns_IYyd 10_N_ a119ok_m.. Y.Owx YYI'YedY BaOk dPNY.Pp��xOwASAN aln'e Lwny Ramrtler REGfs]RAR OF FRES. —N �—TA. STAT£ OF MIMSSO]A ImmDY m'DM eIN IMPMdNACERHflSTAq]'TKW rYaGW NTe d6aDdTeTWnYdTYx DpwdielemNon L4s_tle%d .3�Y� a'd: k._M.Ytl YmdYy MdmBmk_dFW, PYA_ esmcmYYNa anda CamN•RykhxgTTbe �CB-1- SL Croix Surveying 7/25/2017 Subject: 1556 Highview Ave Plat From: "Greg B. Lundquist" <grea@stcroixsurveying.com> Sent: 7/11/2017 1:28:20 PM To: pdudziak(Pcityoteagan.com; Attachments: 1556 Highview Ave Exhibit #l.pdf; 1556 Highview Ave Exhibit #2.pdf Pam, I spoke with you a couple of weeks ago about a Plat I'm working on at the above address (the existing Plat is NADER ADDITION, lots 2 & 3). You mentioned wanting to see the proposed lot line/setbacks and how it would affect the current house and new construction. I attached two PDF's that show a simple exhibit on how it will affect the two existing lots. The house dimensions came from my client who is eventually looking at building a house of that size on the westerly lot. I also have the acreages listed below. S.F. of existing easterly lot = 20,638 S.F. of proposed easterly lot = 25,000 S.F. of existing westerly lot = 29,003 S.F. of proposed westerly lot = 24,641 If you need anything else or need this as a signed exhibit let me know, but I figured that this might suffice for what you are looking for. If you have any questions please let me know, thanks! ',it, C-roix =3un—vy'ing St. Croix Surveying, LLC Greg B. Lundquist, P.L.S Ph. (715) 222-5544 1/1 m ich'7 46*F e �o t W 41 A �N m > t\� y opo s� I � <m / ,1 0 � o�SCS�C•Q � ,�d� / l m \ \ o zX \ m> M \o mW \ im \ G) i Agenda Information Memo October 17, 2017, Eagan City Council Meeting CONSENT AGENDA N. Direct preparation of an ordinance amendment to City Code Chapter 5 regarding alcohol licensing for Lots 1 & 2, Block 1, Viking Lakes Action To Be Considered: To direct preparation of an ordinance amendment to City Code Chapter 5 regarding alcohol licensing for Lots 1 & 2, Block 1, Viking Lakes Facts:  The 2017 Special Legislative Session included a law that allows Eagan to issue on- sale alcohol licenses to the owner of Lots 1 and 2, Block 1, Viking Lakes, or to any concessionaire or other third-party vendor under contract with the owner.  The next step in the process for allowing alcohol at the Viking Lakes complex is for the City to enact an ordinance amendment allowing issuance of on-sale liquor licenses and setting appropriate regulations.  The ordinance amendment will be prepared per the City Council’s direction at the October 10, 2017 Special City Council Meeting.  Additional information will be provided when the draft ordinance amendment is before Council for consideration. Attachments: (0) Agenda Information Memo October 17, 2017, Eagan City Council Meeting CONSENT AGENDA O.Approve Final Planned Development for Lot 2, Block 2, Quarry Road Addition – Aldi, Inc. Actions To Be Considered: To approve a Final Planned Development for a 22,000 sf retail grocery store upon approximately 4.2 acres located south of Quarry Road and west of Central Parkway. Required Vote For Approval: Majority of Councilmembers present Facts: The site consists of the southeast quadrant of the 24-acre Quarry Road Addition Planned Development, which was initially established in 2016. A PD Amendment and Preliminary Subdivision allowing for this 4.2-acre lot to be split into two parcels for a 22,000 sf Aldi retail grocery store and 12,000 sf medical office building was approved July 18, 2017. Final development plans have been submitted for the Aldi, have been reviewed by staff and are consistent with the preliminary approvals. Development of the future medical office building is subject to a separate Final Planned Development, and may occur after the Final Subdivision is complete. All documents and agreements are anticipated to be in order for execution at the City Council meeting on October 17, 2017. Issues: None Attachments: (2) CO-1 Location Map CO-2 Final PD & Encroachment Agreements TOWNCENTREDRIVEDCRESTRIDGE LANENOR T H JURDYCTSJU R D Y CTMARICE DRSHERMAN COURTHIGH-SITEDRIVEJURDYROADMARICELEMIEUX CIRNORWESTLOON LANEBLUECROSSROADASHBURYROADBOARDWALKBALTICAVEST.CHARLESPLACECOACHM A N R O A D BOARDWALKPARKPLPACIFICAVEASHBURYCTL A K E V IEWKNOVIOLET LANEFEDERAL DRIVEHUNT DRIVECOACHMANROADCOACHMANROADTOWERVIEW ROADQUARRYQUARRYCT.BLUE CROSS RD.KRESTWOOD LN BIRCHPONDRDCOACHM A N R O A D DRIVE81ST ST WDONALD AVEMCCARTHYROASHIELDSDR.LANECRESTRIDGE DRLETENDRE STCENTRALPARKWAYQUARRY RDCT CRESLANE MEADOWVIEWROADALEX A N D ERRDMCCARTHYRDFARNUMFOUR OAKS RDHERITAGELANEDONALDCOURTCOACHMANROADCENTURY POINTALDENPONDLANERED CEDAR ROADCHERRYWOOD CTPINERIDGEDRIVEWOODLARK LANETOWERVIEW ROADC.S.A.H. NO. 31 (PILOT KNOB ROAD)COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)C.S.A.H. NO. 31 (PILOT KNOB ROAD)COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)RIVEDONALD AVELETENDRE STASHBURY ROADFEDERAL DRIVERIVESURREY HE IG HTSDRIVEWASHINGTONDRIVESTATEHIGHWAYNO.13STATE TRUNK HWY. NODUCKWOOD DRPilotKnobParkSkyHillParkCentralPark ParkMoonshine ParkQuarry ParkFortSnellingState ParkPark01,0002,000500Feet´LegendParcelsBuildingsEagan BoundaryParks§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentLocation MapProject Name: Aldi Request: Final Planned Development Case No.: 09-FD-09-08-17Subject Site FINAL PLANNED DEVELOPMENT AGREEMENT LOT 2, BLOCK 2, QUARRY ROAD ADDITION This Final Planned Development Agreement (“hereinafter “Agreement”) is made effective as of the ______day of _____________ 2017, by and between the City of Eagan (hereinafter the "City"), a Minnesota municipal corporation; and United Properties Development LLC, a Minnesota limited liability company (hereinafter the “Owner”). The “City” and “Owner” are hereinafter collectively known as the "Parties." WHEREAS, the City Council of the City of Eagan is the official governing body of the City; and WHEREAS, the Owner is the fee owner of Lot 2, Block 2, Quarry Road Addition (the “Property”); and WHEREAS, the Property is subject to a Preliminary Planned Development Agreement dated October 18, 2016 and recorded March 8, 2017 as Document No. 3181369, which has been amended (the “Development Agreement”); and WHEREAS, the Owner applied for a planned development for the Property to permit a 22,289 s.f. grocery store on the Property (the “Development Proposal”); and WHEREAS, the Advisory Planning Commission of the City did hold a public hearing on June 27, 2017 and found that the Development Proposal was consistent with the Development Agreement and recommended approval of the Development Proposal on the Property; and WHEREAS, the City did review the Development Proposal in its entirety on July 18, 2017, and did concur with the recommendation of the Advisory Planning Commission; and WHEREAS, the plans attached hereto (Exhibits B – E) are found to be in conformance with the Development Proposal, and the Parties hereby acknowledge that this Agreement and the attached exhibits constitute the Final Planned Development for the Property. 2 NOW, THEREFORE, it is hereby agreed to and between the Parties hereto as follows: 1. This Agreement applies only to the use of the Property. 2. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 3. This Agreement is intended to supplement and amend the Development Agreement. 4. The Owner shall use and develop the Property in conformance with the following plans attached hereto as Exhibits B-E. (A full size copy of these exhibits and any modifications thereto shall be on file with the City’s Community Development Department.) Exhibit B – Site Plan dated August 17, 2017, last revised October 11, 2017 Exhibit C – Building Elevation Plan dated September 5, 2017 Exhibit D – Landscape and Tree Mitigation Plan dated August 17, 2017, last revised October 11, 2017 Exhibit E – Signage Plan dated September 26, 2017 5. This Agreement shall run with the Property until terminated and shall be binding upon the owners and assigns of the Owner. 6. All site improvements including lighting, signage, landscaping, and paved surfaces, shall be maintained in good repair. 7. Where there is a conflict between the requirements or conditions contained in the Development Agreement and this Final Planned Development Agreement, the provisions of this Final Development Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. [SIGNATURE PAGES TO FOLLOW] 3 Final Planned Development Agreement Signature Page for the City City of Eagan, a Minnesota Municipal Corporation BY: ______________________________ Mike Maguire Its: Mayor BY: ______________________________ Christina M. Scipioni Its: Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ________________________________ _________________________________ City Attorney City Planner STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this _____ day of ________________ , 2017 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Deputy Clerk acknowledged said instrument to be the free act and deed of said municipality. ___________________________ Notary Public 4 Final Planned Development Agreement Signature Page for the Owner/Developer United Properties Development LLC, a Minnesota limited liability company By: ________________________________ Its: _____________________________ STATE OF MINNESOTA) )ss. COUNTY OF __________) The foregoing instrument was acknowledged before me this ____ day of ____________, 2017, by _______________________________, the _________________________ of United Properties Development LLC, a Minnesota limited liability company, on behalf of the limited liability company. ____________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 (RBB) 206-38751 EXHIBIT A 1. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office within 90 days of approval. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits, revised per the conditions of approval for the Planned DevelopmentAmendment: a. Final Site Plan b. Final BuildingElevations c. Final Landscape Plan d. Final Tree MitigationPlan e. Final Signage Plan 2. The property shall be platted prior to issuance of a BuildingPermit. 3. Additional plant materials shall be added in the area south of the building on Lot 1 building to occupy that space and frame the building, including foundation plants, ornamental or shade trees, and shrub or perennial plant beds. These shall be shown on a revised Landscape and Mitigation Plan to be provided at the time of Final PlannedDevelopment.(Satisfied) 4. The applicant shall provide revised Building Elevations at the time of Final Planned Development for the grocery building on Lot 1 demonstrating compliance with the following design standards for incorporation in the Final Planned Development Agreement: x 30” parapet all around thebuilding. x Visually integrate design of physical screens for rooftop mechanical equipment with the building in terms of materials, color, shape andsize. x Add solid wing wall to screen loading area, with design and materials integrated with the principal building x Provide greater variation along expanses of wall to achieve City Code design standard of providing “multiple planes or sections of coordinating materials to add visual interest along expanses of wall.” (Satisfied) 5. All trash storage shall be contained for Lot 1, within the fully screened loading/service area. 6. The applicant shall provide a revised Site Lighting Plan at the time of Final Planned Development that includes additional photometric data such as minimum, maximum and average footcandle levels within the parking areas on each lot, as well as the average to minimum ratio, which should not exceed 4.0 fc.(Satisfied) 7. A cross-easement for the shared free-standing sign shall be provided at the time of Final Subdivision and prior to issuance of a Sign Permit for construction of thesign. 8. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The plan for the installation of fiber optic cable, or a conduit for future installation, shall be provided at the earlier of Final Subdivision or Building Permit. 9. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples/soil organic content and pH, and compaction testing results) shall be provided to City Water Resources staff to verify compliance with approved soil management strategy. City Water Resources staff shall be notified, with 24-hour advance notice, for inspection during soil amendment process, prior to installation of any irrigation, sod, permanent seeding or plant materials,, to verify soil compliance. Provide plan sheet notes/instructions on all applicable plan sheets. (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan,etc.). 10. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Gate valves shall be required on each water service before they enter the building, and all hydrants shall be accessible. 11. The applicant shall provide private maintenance agreements and cross-easements for ingress/egress, in a form acceptable to the City Attorney, at time of Final Subdivision approval.(Satisfied) 12. A sidewalk connection shall be provided from Lot 1 to the trail along the west propertyline.(Satisfied as shown on Final Site Plan) 13. The applicant shall enter into an encroachment agreement for any encroachment of aretaining wall and plaza into a drainage and utility easement, in a form acceptable to the City Attorney. 0SCALE IN FEET30' 60'PAVEMENT LEGENDSYMBOL DESCRIPTION16-197258/17/17SITE PLAN REVIEW 8/17/17BID SET 10/5/17V8.0EAGAN, MNInc.SITE PLANC2-10AJRAJRRJAADDENDUM #1 10/11/17ALDI Inc. Store#: 391550 QUARRY RDEAGAN, MN 551217900 INTERNATIONAL DRIVEINTERNATIONAL PLAZA, SUITE 550MINNEAPOLIS, MN 55425PHONE: 952.426.0699MINNEAPOLIS /ST. PAUL OFFICEDrawing No.Project No.Type:Date:Project Name & Location:Drawing Name:Date:AIssued:1Date:Revisions:BCDE234567891I HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.LIC. NO.DATEI HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LANDSCAPEARCHITECT UNDER THE LAWS OF THE STATE OFMINNESOTA.LIC. NO.DATEAndrew T. Brandel8/17/1747078* PRIVATE PROJECT ** #17-Q ** BUILDING PERMIT ** #17-BP-R * 28'-6" A.F.F.T.O. TOWER OUTRIGGER STUD13'-4" A.F.F.B.O. PANELS12'-4" A.F.F.T.O. CANOPYSTEEL0'-0"FIN. FLOORTYP.24'-6" A.F.F.T.O. TOWER OUTRIGGER STUD4'-2 3/4" A.F.F.T.O. W.T.GRADE LINE - SEE CIVIL DWGS.20'-4" A.F.F.T.O. WALL STUD20'-0"TYP11'-10"TYPEQB1A504OPP.HANDEQEQ7'-11 13/16"SIGNOPNG.TYP.EQ9'-6"SIGN OPNG.C1A504OPP.HAND4'-3 1/4"3'-2"4'-3 1/4"EQEQEQEQEQ17'-8 1/2" A.F.F.T.O. ROOF MEMBRANE2'-7 5/8"PARAPET15'-2 1/2" A.F.F.T.O. ROOF MEMBRANE5'-1 1/2"PARAPET20'-4" A.F.F.T.O. WALL STUD28'-6" A.F.F.T.O. TOWER OUTRIGGER STUD13'-4" A.F.F.B.O. PANELS12'-4" A.F.F.T.O. CANOPYSTEEL0'-0"FIN. FLOORTYP.TYP.24'-6" A.F.F.T.O. TOWER OUTRIGGER STUD4'-2 3/4" A.F.F.T.O. W.T.TYP.GRADE LINE - SEE CIVIL DWGS.20'-4" A.F.F.T.O. WALL STUD20'-0"TYP11'-10"TYPEQEQ7'-11 5/8"SIGNOPNG.EQEQ9'-6"SIGN OPNG.C1A5044'-3 1/4"3'-2"4'-3 1/4"EQEQEQEQEQB1A50417'-8 1/2" A.F.F.T.O. ROOF MEMBRANE2'-7 5/8"PARAPET0'-0"FIN. FLOORTYP.TYP.TYP.4'-2 3/4" A.F.F.T.O. W.T.20'-4" A.F.F.T.O. WALL STUD15'-2 1/2" A.F.F.T.O. ROOF MEMBRANE5'-1 1/2"PARAPETGRADE LINE - SEE CIVIL DWGS.TYP.20'-4" A.F.F.T.O. WALL STUD0'-0"FIN. FLOOR4'-2 3/4" A.F.F.T.O. W.T.17'-8 1/2" A.F.F.T.O. ROOF MEMBRANE2'-7 5/8"PARAPET15'-2 1/2" A.F.F.T.O. ROOF MEMBRANE5'-1 1/2"PARAPET20'-4" A.F.F.T.O. WALL STUD14'-0" A.F.F.T.O. LOADING DOCKSCREEN WALLEXTERIOR FINISH SCHEDULEKEYMATERIAL / MFG. COLOR / NO.NOTESEDGE METALA1 - SLATE GRAYA1a - SILVER METALLICSEE SPECIFICATIONS APPENDIX 'B'MODULAR BRICK FIELD COLOR - SEE SPEC FIELD AND TRANSOM WINDOW SILLSMODULAR BRICK ACCENT COLOR - SEE SPEC PILASTERSSTOREFRONT ANODIZED ALUM. RE: DWG. A602MEMBRANE ROOFING GRAYAT BACK OF ALDI LOGO SIGN TOWER, FOOD MARKET SIGNTOWER AND CANOPY ROOF - SEE SPECIFICATIONS APPENDIX 'B'METAL SOFFIT PANELS SOLID PANELS - SEE SPEC RE: DWG. A301-A304EXTERIOR PAINTPT-19 / CL-5RE: DWG. A603ALUMINUM COMPOSITEPANELA9 - BRIGHT SILVERPROVIDE PANEL JOINTS AS SHOWN - PROVIDE ONE PIECE TIGHTFIT EXTRUDED MOLDING INSTALLATION SYSTEM WITH CENTERREVEAL TRIM BETWEEN PANELS AND J TRIM AT PANEL EDGES.FIBER CEMENT WALL PANELS VINTAGEWOOD "CEDAR" PANELS PROVIDE PANEL JOINTS AS SHOWNSPLIT-FACE CMU SEE SPECWATER TABLE FIELD - USE SMOOTH FACE BEHIND TRUCK DOCKSEAL.BLRD-2PT-19 / CL-4RE: DWG A603BLRD-4FACTORY FINISH - CHARCOAL RE: DWG A603GUARD RAIL TYPE "A"PT-19 / CL-5 RE: DWG A3/A503, A603GUARD RAIL TYPE "B"PT-19 / CL-5 RE: DWG A3/A503, A603CART RAIL & STARTER POST GALVANIZEDDOCK LEVELER / SEAL ANDBUMPERSLEVELER - FACTORY FINISH / SEAL AND BUMPERS- FACTORY FINISH - BLACKPROVIDE BRICK BEHIND DOCK SEAL IN LIEU OF CAST STONE SILLCONTROL JOINT MAX 30' OC RE: DWG. A504OVERFLOW SCUPPERPT-19 / CL-5 RE: DWG C3/A503CONDUITEXTEND CONDUIT 1" BEYOND FACE OF FIBERCEMENT WALL PANEL & PAINT TO MATCHPANEL. FILL OPEN END WITH SEALANT AND SEALAROUND PENETRATIONCONTRACTOR TO COORDINATE FINAL LOCATION PRIOR TOINSTALLATIONALDI TOWER SIGN BY SIGN VENDOR7'-11 1/8" w. x 9'-5 1/2" h. SEE DETAIL D1/A504; VERIFY SIGN SIZEPRIOR TO FRAMING OPENINGCRTBNATURALRE: DWG A603 - SEE STRUCTURAL DWGSCAST STONE SILL SEE SPEC WATER TABLE TRIMPREFABRICATED SUN SHADE SILVER POWDER COATMANUFACTURED BY C. R. LAURENCE; RE: DWGS A306, A505;ALIGN OUTRIGGERS w/ WINDOW MULLIONS BELOWKNOX BOX FACTORY FINISH CONFIRM TYPE AND LOCATION WITH LOCAL FIRE MARSHALEXIT DISCHARGE LIGHT FACTORY FINISHMOUNT @ 8'-0" A.F.F.WALL SCONCE FACTORY FINISHMOUNT @ 8'-2" A.F.F.WALL SCONCE FACTORY FINISH SEE DIMENSION ON DRAWING FOR MOUNTING HEIGHTUTILITY METERING & C.T. FACTORY FINISH SEE ELECTRICAL DWGSEXTERIOR WALL PACK FACTORY FINISHMOUNT @ 12'-0" A.F.F.EXTERIOR DUPLEXRECEPTACLEFACTORY FINISHMOUNT @ 1'-6" A.F.F. IN 4" SQUARE J-BOXFIRE DEPT. CONNECTION FACTORY FINISH SEE FIRE PROTECTION DWGSMOTOR GONG FACTORY FINISH SEE FIRE PROTECTION DWGSHOSE BIB FACTORY FINISH SEE PLUMBING DWGSRPZ DISCHARGE FACTORY FINISH SEE PLUMBING DWGSNOT USEDSIGNAGEDESCRIPTIONQUANTITY SQ. FT. PER SIGNTOTALSTOWER SIGN274.9 149.8TOTAL SIGNAGE 149.8SIGNAGE IS SHOWN FOR REFERENCE ONLY AND SHALL BE UNDER SEPARATEPERMIT SUBMITTALMATERIAL BREAKDOWNELEVATION CLASS I CLASS II CLASS III CLASS IVNORTH 75.5% 24.5% 0% 0%SOUTH73.0% 17.9% 9.1% 0%EAST78.3% 16.0% 5.7% 0%WEST76.2% 23.8% 0% 0%Drawing No.Scale:Project No.Type:Date:Drawn By:Project Name & Location:Drawing Name:Store #:17-0204AALDI Inc.Eagan, MNQuarry RoadEagan, MN 55122Dakota County09/05/17RHSD-V8As Noted39Issued for Permit 09/05/17PLOTTED: 9/28/2017 3:34 PMDate:AIssued:PROJECT ARCHITECT/ENGINEER DATEDATESeal SealDATE1Date:Revisions:BCDE23456789585.742.2222585.924.4914.fax615 Fishers RunVictor, NY 14564Drawing AlterationIt is a violation of law for any person, unless acting under thedirection of licensed Architect, Professional Engineer, LandscapeArchitect, or Land Surveyor to alter any item on this document in anyway. Any licensee who alters this document is required by law to affixhis or her seal and to add the notation "Altered By" followed by his orher signature and the specific description of the alteration or revision.APD Engineering & Architecture, PLLCwww.apd.comCCopyright 2017Copying, Printing, Software and other processes required to producethese prints can stretch or shrink the actual paper or layout.Therefore, scaling of this drawing may be inaccurate. Contact APDE&A with any need for additional dimensions or clarifications.DO NOT SCALE PLANS615 Fishers RunVictor, NY 14564585.742.2222585.924.4914.faxwww.apd.comI hereby certify that this plan,specification, or report wasprepared by me or under mydirect supervision and that I am aduly Licensed Architect under thelaws of the State of Minnesota.Print Name:Gaspare Accordo, RASignature:Date:09/05/17 License# 48116I hereby certify that this plan,specification, or report wasprepared by me or under mydirect supervision and that I am aduly Licensed ProfessionalEngineer under the laws of theState of Minnesota.Print Name:Mark D. Picard, PESignature:Date:09/05/17 License#48393I hereby certify that this plan,specification, or report wasprepared by me or under mydirect supervision and that I am aduly Licensed ProfessionalEngineer under the laws of theState of Minnesota.Print Name:Brent Powell, PESignature:Date: 09/05/17 License# 52150PROJECT MANAGERPROJECT DESIGNERInc.2West ElevationSCALE: 1/8" = 1'-0"1East ElevationSCALE: 1/8" = 1'-0"3South ElevationSCALE: 1/8" = 1'-0"4North ElevationSCALE: 1/8" = 1'-0"ExteriorElevationsSDA-201Revised per Mini Prototype Update Gaspare Accordo, AIA 09/05/17 Ian Vanderbrook 09/05/17 Sara DeSalvo, RA 09/05/17 0SCALE IN FEET30 6016-197258/17/17SITE PLAN REVIEW 8/17/17BID SET 10/5/17V8.0EAGAN, MNInc.LANDSCAPE &MITIGATION PLANL1-11AJRAJRRJAADDENDUM #1 10/11/17ALDI Inc. Store#: 391550 QUARRY RDEAGAN, MN 551217900 INTERNATIONAL DRIVEINTERNATIONAL PLAZA, SUITE 550MINNEAPOLIS, MN 55425PHONE: 952.426.0699MINNEAPOLIS /ST. PAUL OFFICEDrawing No.Project No.Type:Date:Project Name & Location:Drawing Name:Date:AIssued:1Date:Revisions:BCDE234567891I HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.LIC. NO.DATEI HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LANDSCAPEARCHITECT UNDER THE LAWS OF THE STATE OFMINNESOTA.LIC. NO.DATEAndrew T. Brandel8/17/1747078* PRIVATE PROJECT ** #17-Q ** BUILDING PERMIT ** #17-BP-R *1 ROOTBALL DIA2 TIMES ROOTBALL DIADEPTH OFROOTBALLCONTAINER DIA2 TIMES CONTAINER DIAGENERAL PLANTING NOTES16-197258/17/17SITE PLAN REVIEW 8/17/17BID SET 10/5/17V8.0EAGAN, MNInc.LANDSCAPEDETAILSL1-12AJRAJRRJAADDENDUM #3 10/11/17ALDI Inc. Store#: 391550 QUARRY RDEAGAN, MN 551217900 INTERNATIONAL DRIVEINTERNATIONAL PLAZA, SUITE 550MINNEAPOLIS, MN 55425PHONE: 952.426.0699MINNEAPOLIS /ST. PAUL OFFICEDrawing No.Project No.Type:Date:Project Name & Location:Drawing Name:Date:AIssued:1Date:Revisions:BCDE234567891I HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.LIC. NO.DATEI HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LANDSCAPEARCHITECT UNDER THE LAWS OF THE STATE OFMINNESOTA.LIC. NO.DATEAndrew T. Brandel8/17/1747078* PRIVATE PROJECT ** #17-Q ** BUILDING PERMIT ** #17-BP-R * 4823-8573-1665\2 ENCROACHMENT AGREEMENT THIS AGREEMENT (“Agreement”) is made this ______ day of October, 2017, by and between the CITY OF EAGAN, a municipal corporation under the laws of the State of Minnesota (“City”), and UNITED PROPERTIES DEVELOPMENT LLC, a limited liability company under the laws of the State of Minnesota, its successors and assigns (“Landowner”). R E C I T A L S: WHEREAS, Landowner is the fee owner of the property described in Exhibit A attached hereto and made a part hereof (“Property”); WHEREAS, the City currently has an easement for utility and drainage purposes (“Utility Easement”) over, under and across a portion of the Property, pursuant to an easement dedicated to the public pursuant to the Plat known as “Quarry Road 2nd Addition” to be recorded in the Office of the County Recorder, Dakota County, Minnesota, which Utility Easement is shown on Exhibit B attached hereto made a part hereof; and WHEREAS, Landowner seeks permission from the City to encroach upon the Utility Easement for the purpose of installing a patio in the encroachment area depicted and described on Exhibit B attached hereto (the “Improvements”). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. The City hereby approves an encroachment on and over the Utility Easement by Landowner for the purposes of constructing, maintaining, using and operating the Improvements (the “Encroachament”). The City will allow the Improvements to remain in the location shown on Exhibit B. 2. Nothing in the Agreement shall be deemed a waiver or abandonment of the City’s rights in the Utility Easement. 2 4823-8573-1665\2 3. The Landowner shall be responsible for all costs relating to the construction, maintenance and repair of the Improvements. 4. Landowner acknowledges that future maintenance or repairs within the Utility Easement could possibly damage the Improvements. By entering into this Agreement, Landowner assumes the risk of any and all damage to the Improvements that may result from any work performed by the City and/or its agents within the Utility Easement. 5. If the Landowner fails to take any action required in connection with this Agreement, the City will provide a written notice of default to the Landowner giving Landowner a 30-day cure period. Notice need not be given in the event emergency repairs are needed. After the 30-day cure period, the City may take action and bill the Landowner for the costs thereof. If the Landowner fails to reimburse the City for the costs thereof within ten (10) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including, but not limited to attorneys’ fees. 6. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following: TO CITY: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 TO LANDOWNER: United Properties 651 Nicollet Mall, Suite 450 Minneapolis, MN 55402 or to any successors or assigns of the Landowner or City, or any future address of the Landowner or City, if Landowner or City gives the other party notice of said change of address as provided pursuant to the provision for notice herein. 7. The parties represent and warrant to each other that this Agreement has been fully authorized and that all persons signing for each party below have authority to bind the respective party. 8. The Encroachment and the respective rights and obligations of the parties under this Agreement shall attach to, bind and run with the land and shall inure to the benefit of and be binding upon Landowner and City and subsequent owners of the Property.. 9. Any notice required or permitted to be given in accordance with the terms of this Agreement may be given by first class U.S. Mail, postage prepaid, overnight courier or by personal service, to the other party at the address set forth in the first paragraph of this 3 4823-8573-1665\2 Agreement, or at such other address as either party, or their successors or assigns, may hereafter designate to the other party in writing. [Signature Pages Follow] 4 4823-8573-1665\2 CITY: CITY OF EAGAN By: Name: Mike Maguire Title: Mayor By: Name: Christina M. Scipioni Title: City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ______ day of October, 2017, by Mike Maguire and Christina M. Scipioni, respectively the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ____________________________ Notary Public [Signature Page to Encroachment Agreement – Quarry – Patio] 5 4823-8573-1665\2 LANDOWNER: UNITED PROPERTIES DEVELOPMENT LLC By: Name: Title: By: Name: Title: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of October, 2017, by and , respectively the and of United Properties Development LLC, a Minnesota limited liability company, on behalf of the company. ____________________________ Notary Public This instrument was drafted by: THIS INSTRUMENT WAS DRAFTED BY: Dorsey & Whitney LLP (STB) 50 South 6th Street Minneapolis, MN 55402 (612) 492-6541 [Signature Page to Encroachment Agreement – Quarry – Patio] A-1 4823-8573-1665\2 EXHIBIT A LANDOWNER’S PROPERTY Lot 2, Block 1 Quarry Road 2nd Addition, City of Eagan, Dakota County, Minnesota B-1 4823-8573-1665\2 EXHIBIT B ENCROACHMENT AREA Agenda Information Memo October 17, 2017, Eagan City Council Meeting CONSENT AGENDA P. Approve a Preliminary Subdivision (Viking Lakes 2nd Addition) – MV Eagan Ventures, LLC Action To Be Considered: To approve a Preliminary Subdivision (Viking Lakes 2nd Addition) to create seven lots upon approximately 62 acres located at 2600 Vikings Circle. Required Vote for Approval: Majority of Councilmembers present Facts: The subject site (Lots 1 & 2, Block 1, Viking Lakes) was platted in December 2016 as part of the 200-acre Viking Lakes subdivision. The subject parcels represent approximately 62 acres of the larger site. The subject site was originally platted as two lots allowing construction to begin on Phase I; Phase II and Phase III improvements had not been fully designed at that time so there was no way to accurately determine the individual lot lines. Approved in October 2016, the Viking Lakes Preliminary Planned Development calls for a development/redevelopment mix of land uses including office, hotel, retail/service, multi-family residential and indoor/outdoor recreation. The proposed subdivision does not alter the approved Preliminary Planned Development or the improvements that have received Final Planned Development approval. The Advisory Planning Commission held a public hearing on September 26, 2017 and are recommending approval. Issues: None 120-Day Agency Action Deadline: December 15, 2017 Attachments: (4) CU-1 Location Map CU-2 Draft September 26, 2017, APC Meeting Minutes CU-3 Planning Report CU-4 Exhibits C O M M E R S D R B LU E G E N T I A N RD LO N E O A K D R I V ELONEOAKPARKWAYL O N E OAKPARKWAY LONE O A K P A R K W AY HOLIDAY LNHOLIDAY LNCOURTHOUS E L NGRAND OAK CIR EGRAN D O A K C I R W S T A T E T R U N K HW Y . NO . 1 4 9 C.S.A.H. NO. 26 (LONE OAK RD.) NORTHWEST P A R K W AYWATERS R DBLUEGENTIANRDSTATETRUNKHWY.NO.149STATETRUNK HWY.NO.55 AMES CROSSING RDVI K I N G S P A R K W A Y INVER GROVE HEIGHTSLocation Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Viking Lakes 2nd Addition Request: Preliminary Subdivision Case No.: 01-PS-08-08-17 Subject Area O'Neil Drive Ames Crossing RoadL o n e O a k P ark w a y O'Neil Drive Lone Oak Parkway400 0200 Feet ´This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2016 ENGINEERING | SURVEYING | ENVIRONMENTAL | PLANNING8+-+0).#-'50&#&&+6+10SHEET 1 OF 4 SHEETSKNOW ALL PERSONS BY THESE PRESENTS: That MV Eagan Ventures, LLC, a Delaware limited liability company; Sheldon RoadAssociates, LLC, a New Jersey limited liability company; M Land, LLC, a Delaware limited liability company; Eagan V Land, LLC, a Delawarelimited liability company, owners of the following described property:Lot 1, Block 1, Viking Lakes, according to the recorded plat thereof, Dakota County, Minnesota;AndLot 2, Block 1, Viking Lakes, according to the recorded plat thereof, Dakota County, Minnesota;Have caused the same to be surveyed and platted as VIKING LAKES 2ND ADDITION and do hereby dedicate to the public for public use thedrainage and utility easements as created by this plat.In witness whereof said MV Eagan Ventures, LLC, a Delaware limited liability company, has caused these presents to be signed by its properofficers this _____ day of ____________________ , 2017.Signed: MV Eagan Ventures, LLC__________________________ , ____________________________STATE OF ______________________COUNTY OF ____________________This instrument was acknowledged before me on this _____ day of ____________________ , 2017, by __________________________ ,_________________________ of MV Eagan Ventures, LLC, a Delaware limited liability company.__________________________________________Signature of Notary__________________________________________Notary's Printed NameNotary Public, _______________ County, _____________________My Commission Expires January 31, 20_____ .In witness whereof said Sheldon Road Associates, LLC, a New Jersey limited liability company, has caused these presents to be signed by itsproper officers this _____ day of ____________________ , 2017 .Signed: Sheldon Road Associates, LLC__________________________ , _____________________________STATE OF ______________________COUNTY OF ____________________This instrument was acknowledged before me on this _____ day of ____________________ , 2017, by __________________________ ,__________________________ of Sheldon Road Associates, LLC, a New Jersey limited liability company.__________________________________________Signature of Notary__________________________________________Notary's Printed NameNotary Public, _______________ County, ____________________My Commission Expires January 31, 20_____ .In witness whereof said M Land, LLC, a Delaware limited liability company, has caused these presents to be signed by its proper officers this_____ day of ____________________ , 2017 .Signed: M Land, LLC__________________________ , ________________________________STATE OF ______________________COUNTY OF ____________________This instrument was acknowledged before me on this _____ day of ____________________ , 2017, by __________________________ ,________________________ of M Land, LLC, a Delaware limited liability company.__________________________________________Signature of Notary__________________________________________Notary's Printed NameNotary Public, _______________ County, ________________________My Commission Expires January 31, 20_____ .In witness whereof said Eagan V Land, LLC, a Delaware limited liability company, has caused these presents to be signed by its proper officersthis _____ day of ____________________ , 2017 .Signed: Eagan V Land, LLC__________________________ , _______________________________STATE OF ______________________COUNTY OF ____________________This instrument was acknowledged before me on this _____ day of ____________________ , 2017 , by __________________________ ,______________________________ of Eagan V Land, LLC, a Delaware limited liability company.__________________________________________Signature of Notary__________________________________________Notary's Printed NameNotary Public, _______________ County, ______________________My Commission Expires January 31, 20_____ .I , Michael R. Williams, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed LandSurveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels arecorrectly designated on the this plat; that all monuments depicted on the plat have been, or will be correctly set within one year; that all waterboundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled onthis plat; and all public ways are shown and labeled on the plat.Dated this ______ day of ____________________ , 2017._____________________________________Michael R. Williams, Licensed Land SurveyorMinnesota License No. 44076STATE OF MINNESOTACOUNTY OF HENNEPINThis instrument was acknowledged before me this _____ day of ____________________ , 2017, by Michael R. Williams.___________________________________Signature of Notary___________________________________Notary's Printed NameNotary Public, Hennepin County, MinnesotaMy Commission Expires January 31, 20_____ .CITY COUNCIL, CITY OF EAGAN, MINNESOTAThis plat of VIKING LAKES 2ND ADDITION was approved and accepted by the City Council of the City of Eagan, Minnesota at a regular meetingthereof held this _____ day of ____________________ , 2017, and said plat is compliance with the provisions of Minnesota Statutes, Section505.03, Subd. 2.City Council, City of Eagan, MinnesotaBy _____________________________ , MayorBy ____________________________ , ClerkDAKOTA COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this _____ dayof ____________________ , 2017 .By: ___________________________________ Todd Tollefson, Dakota County SurveyorDAKOTA COUNTY PROPERTY TAXATION AND RECORDSPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 2017 on the land hereinbefore described have been paid.Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this _______ day of_________________________ , 2017.By _____________________________ , Director, Department of Property Taxation and RecordsBy ____________________________ , DeputyCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of VIKING LAKES 2ND ADDITION was filed in the office of the County Recorder for public record on this _____ dayof ____________________ , 2017 , at _____ o'clock ___ .M. and was duly filed in Book ___________ of Plats, Page ____________ ,asDocument Number ______________________ ._____________________________ , County RecorderBy ________________________________, Deputy INSET ASEE SHEET 3OF 4 SHEETS31060136T2 7 NR23WR23WT2 7N36010235T27NR23WR23WT27N0601T2 7 NR23WR23WT2 7N 0102T27NR23WR23WT27N 36T2 7 N01R23WR23WT2 7N T2 7 NR23WR23WT127N C14SEC01LOT 1N0 ° 0 5 ' 1 1 "E 3 3 . 0 0 N89°53'09"E 2641.06N89°52'44"E 2632.94NORTH LINE OF THE NW 1/4 OF SEC. 1, T. 27, R. 23INSET ASEE SHEET 3OF 4 SHEETSINSET ASEE SHEET 3OF 4 SHEETSLOT 2LOT 3INSET ASEE SHEET 4OF 4 SHEETSLOT 4INSET ASEE SHEET 4OF 4 SHEETSLOT 5INSET ASEE SHEET 4 OF 4 SHEETSLOT 6INSET ASEE SHEET 4 OF 4 SHEETSLOT 7ENGINEERING | SURVEYING | ENVIRONMENTAL | PLANNING8+-+0).#-'50&#&&+6+10SHEET 2 OF 4 SHEETSTHE NORTH LINE OF THE NORTHWEST QUARTEROF SECTION 1, TOWNSHIP 27, RANGE 23 ISASSUMED TO BEAR N 89° 53' 09" E.MnDOT ACCESS CONTROLSECTION 1, TOWNSHIP 27 NORTH, RANGE 23 WESTNOT TO SCALEHWY. NO. 494VICINITY MAPS I T EAMES LONE OAK PKWYCR O S S I N G R D TURNBACK AND RESTRICTED ACCESS PER DOC. NO. 2763151W E T L A N DEDGE OFWET LANDDRAINAGE ANDUTILITY EASEMENTNORTH 1/4 CORNER, SEC. 1, T. 27, R. 23NORTH LINE OF THE NE 1/4 OF THE NW 1/4,SEC. 1, T. 27, R. 23S89°53'09"W149.73 N0°05'11"E 7.00 S89°52'44"W 543.86N0°08 '46 "W9.74N63°12'02"W190.52N0°28'38"E 263.77 S89°51'14"W17.25N18°23'13"W126.81N16° 2 5 ' 1 9 " E 174.7 2 71.02 N4°37'54"E 141 . 8 2 N2 3 ° 4 6 ' 5 8 " E NORTH 422.39EAST N9°04'13"W172.55N0°30'03"W 359.45 33 40 S89°52'44"WN0°05'11"E33.0040 EAST LINE OF THE NE 1/4 OF THE NW 1/4, SEC.1, T. 27, R. 23 N0°05'11"E 110 33 20.00N89°31'22"W33 33 33 NORTH LINE OF THE W 1/2 OF THE NE 1/4,SEC. 1, T. 27, R. 23S89°53'09"W 1186.9033103.60L=581.19, R=555.00∆=60°00'00"N3°11'43"E 705.04 (0&2+0(0&0#+.(0&2+051.89S79°07'31"EN68°10'46"E90.56 N2 4 ° 2 5 ' 2 0 " E 95. 9 8 N 3 8 ° 5 0 ' 5 6 " E 8 8 . 9 5 N2 6 ° 3 2 ' 3 2 " E 65. 0 6 N29°19'01"W35.92N14°5 6 ' 1 6 " E 29.76 N8°35'31"E 133.24 N 3 3 ° 3 1 ' 2 7 " E 77 . 4 1 35.59 N12°47 ' 4 4 " E N10°34'25" W 64.44 N20°10'06"W152.47N69°04'57"W61.53N80°10'14"W131.06N89°17'55" W S85°09'32"W66.46S 4 5 ° 3 6 ' 1 6 "W 3 2 . 0 644.81N53°35'52"WS76°05'12"E49.06S89°14'51"E78.66N88°04'13"ES67°59'01"W65.66 102.47 183.41 71.0450.6953.21NORTH LINE OF THE NW 1/4,SEC. 1, T. 27, R. 2313.79 53.82S89°14'51"EN89°17'55"W S0°32'10"E35.83N0°32'10"W35.85(0&12'0+2(0&+24.5110 75.08 N0°28'38"EN62°27'02 "E199.6362.81S63°09'13 "W S 3 3 ° 5 0 ' 4 5 " W 76 . 0 5 56. 9 2 S2 7 ° 0 7 ' 5 0 " W52.93S25°59'04"ES32°04'22"E44.86S16°07' 5 5 " E 69.56 64.43S47°31'35"ES28°45'57"E39.3633.64S35°45'00"EDRAINAGE ANDUTILITY EASEMENTNORTH 10.45 W E T L A N DEDGE OFWET LAND1010DRAINAGE ANDUTILITY EASEMENT10175.97367.8976.74N0°04'45"WDRAINAGE AND UTILITY EASEMENT N3°05'35"E 839.94 499.36 197.6010252525142.982558 . 6 4 N3 0 ° 2 5 ' 3 3 " E N10°53' 0 5 " E 101.95 65 . 4 2 N2 9 ° 5 1 ' 5 9 " E 111.23 N10°47'4 1 " EN47°09'27"E 209.89 N74°49'56"E57.27S56°09'41"E109.83N20 ° 0 9 ' 2 7 " E 87.6 3 S86°53'00"E87.638.60 S3°10'47"W43.08S74°48'29"EN16° 2 9 ' 4 1 " E 17.80 122.83S84°49'13"EN69°58'24"E11.59S 8 6 ° 5 9 ' 4 8 " E 2 2 . 1 9 10.97 S3°10'47"W102.31S60°56'12"E29.96S86°49'13"EN9°43'36 " E 38.82 121.90S86°49'13"E43.13N3°10 '47 "E 16.00 S87°05'17"E N3°49'27"E 389.57 N 4 6 ° 0 2 ' 4 1 " E 4 0 . 7 1 N7°24'59"E 76.57 N 4 5 ° 0 0 ' 0 0 " E 1 2 5 . 9 7 N5°16'37"E 16 0 . 6 3 N89°21'04"E 202.73N50°5 0 ' 4 2 "E 2 8 1 . 0 3 107.52S75°50'47"E1 9 . 0 3 S 1 4 ° 2 0 ' 4 2 "WN29°20'42"E41.24S60°39'18"E151.58N2 9 ° 1 6 ' 0 1 " E 6. 7 449.65S60°39'18"EN29°20'42"E5.58S75°39'18"E56.39S60°41'21"E146.31N32°28'08"W94.20S26°33'54"E 251.88S63°26'06 "W53.99N9°58'44"W85.36N76°58'24"W101.6743.00L=386.61∆=39°54'43"L=138.31∆=14°16'43"38.09S77°30'19"EN9 ° 5 8 ' 4 4 "W 2 7 . 5 6 419.15 48.2098.1118 . 7 3 35.1444.24N50°27'06"E13.46N3°10'47"E23.02N40°56'07"W 14.30N3°05'35"E 44.55S86°54'25"E 35.15S2 9 ° 1 8 ' 3 9 " W 85 . 9 2 L=43.10, R=94.50∆=26°07'52"S3°10'47"W 85.71 60.8961.001B L O C K 12101010CONSERVATION EASEMENTPER DOC. NO. 3175495DRAINAG E A N D UTILITY EASEMEN T CONSERVATION EASEMENTPER DOC. NO. 317549588.62N2 3 ° 0 2 ' 0 7 " E 37. 3 8 1.0 N62°55 '21 "E 196 .71 1 4 . 7 6 27.61391.54 3ENGINEERING | SURVEYING | ENVIRONMENTAL | PLANNINGSHEET 3 OF 4 SHEETS8+-+0).#-'50&#&&+6+10+05'6#MnDOT ACCESS CONTROLMnDOT EXISTING ROW10 10 DRAINAGE AND UTILITY EASEMENTARE SHOWN THUS:(NO SCALE)BEING 10 FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINES,UNLESS OTHERWISE INDICATED, AS SHOWN ON THE PLAT.THE NORTH LINE OF THE NORTHWEST QUARTEROF SECTION 1, TOWNSHIP 27, RANGE 23 ISASSUMED TO BEAR N 89° 53' 09" E. LEGEND DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NO. 44076.SECTION 1, TOWNSHIP 27 NORTH, RANGE 23 WESTNOT TO SCALEHWY. NO. 494VICINITY MAPAMES LONE OAK PKWYC R O S S I N G R DDENOTES IRON PIPE MONUMENT FOUND AND MARKED BYLICENSE NO. 17256, UNLESS SHOWN OTHERWISE.S I T E 4B L O C K 1S30°00'00"E 334.03110 L=675.44, R=645.00∆=60°00'00"NORTH 268.79 L=581.19R=555.00∆=60°00'00"EAST 307.71L=56.28∆=5°48'35"D R A I N AG E A N D U T I L I T Y E A S EM E N TN55°03'06"E 266.30N4 6 ° 5 2 ' 3 7 " E 1 1 9 . 1 9 N2 3 ° 2 9 ' 1 3 " E 48. 2 2 N58°45 '07 "E 93 .02N46°52'37"E37.89N30°25'33"E23.57N53°42'56 "E 2 7 0 . 2 2 9 9 . 0 4 N 4 5 ° 4 4 ' 0 7 " E 70.64N77°13'27"E95.2 3 N18° 2 5 ' 3 6 " E N 4 3 ° 2 9 ' 2 5 " E 7 6 . 9 6 28.82N29°51'59"E258.34 L=27.41 L=590.30L=36.83110N50°50'42"E 281.03 107.52S75°50'47"E19.03 N29°20'42"E41.24S60°39'18"E151.58N2 9 ° 1 6 ' 0 1 " E 6. 7 4 49.65S60°39'18"EN2 9 ° 2 0 ' 4 2 " E 5. 5 8 S75°39'18"E56.39146.31S60°41'21"EN32°28'08"W94.20S26°33'54"E 251.8853.99N9°58'44"W85.36N76°58'24"W101.6738.09S77°30'19"E35.1444.24S63°26'06 "W186.96132.97S26°33'54"E 193.33S0°00'00"E 108.80 N50°54'33"E 276.52 N39°35'46"W 160.93N50°50'42"E39.19 76.41 N5 2 ° 4 8 ' 4 7 "E 4 2 4 . 12 N 4 3 ° 1 8 ' 1 0 " E 5 1 . 9 0 L=24.42, R=100.00∆=13°59'31"9.78N29°18'39"ES60°41'21"E30.50S29°18'39"W 41.74N14°27'21"E 95.44 113.10194.61250.7483.29567L=20.91 L = 5 8 . 0 9R= 3 5 0 . 0 0 ∆ = 9 ° 3 0 ' 3 6 "48.2098.111 9 . 0 6N4 6 ° 5 2 ' 3 7 " E 18.7312. 5 2 1010DRAINAGE ANDUTILITY EASEMENTL=627.12∆=55°42'28"L=48.32∆=4°17'32"ENGINEERING | SURVEYING | ENVIRONMENTAL | PLANNINGSHEET 5 OF 8 SHEETS+05'6$10 10 DRAINAGE AND UTILITY EASEMENTARE SHOWN THUS:(NO SCALE)BEING 10 FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINES,UNLESS OTHERWISE INDICATED, AS SHOWN ON THE PLAT.THE NORTH LINE OF THE NORTHWEST QUARTEROF SECTION 1, TOWNSHIP 27, RANGE 23 ISASSUMED TO BEAR N 89° 53' 09" E.8+-+0).#-'50&#&&+6+10 LEGEND DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NO. 44076.SECTION 1, TOWNSHIP 27 NORTH, RANGE 23 WESTNOT TO SCALEHWY. NO. 494VICINITY MAPAMES LONE OAK PKWYC R O S S I N G R DDENOTES IRON PIPE MONUMENT FOUND AND MARKED BYLICENSE NO. 17256, UNLESS SHOWN OTHERWISE.S I T E 8448233v2 REVISED NARRATIVE SUPPORTING PRELIMINARY SUBDIVISION APPLICATION Date: September 19, 2017 Project: Viking Lakes – Phases I and II and Amenities Plan Area Current Legal Description: Lots 1 and 2, Block 1, Viking Lakes (“Subject Property”) Proposed Subdivision: Re-subdivide the Subject Property to: (i) add two new lots upon which to construct the improvements described in the Amenities Plan; and (ii) divide the former Lot 2 into multiple lots to support the development of future phases adjacent to the Phase II project being developed by MV/TCO Ventures, LLC. For reference, please see the proposed preliminary plat submitted by EVS in connection with this Narrative and our Application. Reason for Request: Our original Viking Lakes plat was intended to support the development of the new Twin Cities Orthopedics Performance Center on Lot 1 as Phase I, as well as the Medical Office Building and Sports Medicine Building on Lot 2 as Phase II and Amenities Plan improvements as Phase III. The Phase II and Phase III improvements had not been fully designed at the time we recorded the original plat and we needed to proceed with that plat at that time to enable us to construct and complete the Twin Cities Orthopedics Performance Center within a challenging time frame. We have commenced construction of all three phases and, as we have previously discussed, we now request the City’s approval to re-subdivide Lots 1 and 2 to carve individual lots from Lot 2 for the Medical Office Building and Sports Medicine Center Building as well as for the two Lot 2 future phases shown on our approved master development plan. Furthermore, the improvements in the Amenities Plan area (from the Drop- Off Circle off Vikings Parkway through the land bridge and around the Wetlands “F” and “G”) are physically linked together, but are divided by the current boundary line between Lots 1 and 2. Most of the Amenities Plan area will be open to public use; therefore, we believe it is appropriate to build the Amenities Plan improvements on a legal description that is distinct from the legal descriptions for the Phase I and Phase II developments. Thank you for your consideration of our request and we look forward to your response. Advisory Planning Commission September 26, 2017 Page 3 of 7 B. Viking Lakes 2nd Addition Applicant Name: Steve Poppen, MV Eagan Ventures, LLC Location: 2600, & 2645, 2685, 2700, 2740 Vikings Circle; Lot 1 & 2, Block 1, Viking Lakes Application: Preliminary Subdivision A Preliminary Subdivision of approximately 60 acres to create 7 lots. File Number: 01-PS-08-08-17 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated September 20, 2017. Vice Chair Vanderpoel questioned why the proposed lots were oddly shaped. Planner Ridley stated the reason was due to the individual uses and ownership of the property. The applicant was present and available for questions. Vice Chair Vanderpoel opened the public hearing. There being no public comment, Vanderpoel closed the public hearing and turned the discussion back to the Commission. Member Weimert moved, Member Goff seconded a motion to recommend approval of a Preliminary Subdivision (Viking Lakes 2nd Addition) to create seven lots upon approximately 60 acres located at 2600 Vikings Circle, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: A1, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1, H1, I1, J1 2. The property shall be platted. 3. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 4. All septic systems within the development should be abandoned in accordance with City and County standards. 5. This development shall meet all requirements of Minn. Rules Ch. 8420 and City Code §11.67 regarding and a proposed wetland replacement plan. 6. This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, Advisory Planning Commission September 26, 2017 Page 4 of 7 including Runoff Rate Control and 1.1” Volume Control on the site’s new and fully- reconstructed impervious surface area (including effective soil remediation for the site’s disturbed soils that are to be revegetated). 7. The applicant shall provide adequately sized pre-treatment (e.g. 4’ sump with scour protection and skimmer hood, inlet filter structure, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 8. The applicant shall provide clear plans and details on how impervious surface runoff will enter proposed infiltration basins (e.g. curb-cuts, catch-basin/piping, etc.), specifically on Utility Plan and other appropriate plan sheets at all proposed individual drainage areas. 9. The applicant shall provide unobstructed maintenance equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from pavement-edge to all surface stormwater facilities’ inlets/outlets. The unobstructed equipment access path shall be capable of fully supporting typical maintenance equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this access requirement. 10. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of four soil-borings within any proposed infiltration basin area, extending a minimum of 10’ below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub-soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) and/or follow Permissible Alternative Stormwater Volume Control Designs process if determined appropriate by the City Engineer, to ensure volume control requirements are fully met. 11. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration/filtration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration/filtration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, details for pre-treatment, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting, seeding & permanent erosion-control details, etc., to ensure infiltration/filtration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, Details, etc.). 12. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with Volume Control requirements. These graphical details and Advisory Planning Commission September 26, 2017 Page 5 of 7 notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 13. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify compliance with approved soil management strategy. City Water Resources staff shall be notified, with 24-hour advance notice, for inspection during soil amendment process, prior to installation of any irrigation, seeding or plant materials, to verify soil compliance. Provide plan sheet notes/instructions on all applicable plan sheets. 14. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub-soils are suitable for a saturated condition infiltration rate of 0.8-inch per hour or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than 0.8-inch per hour (or greater than 8.0-inch per hour), the applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48-hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 15. Prior to proceeding with land disturbing activity, the property owner shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 16. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (pre-treatment, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As-built volumes (for retention) shall be provided for the infiltration practices. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 17. All existing wells within the development shall be abandoned in accordance with City and County standards. 18. This development shall be designed to support broadband and fiber optic telecommunications networks. The applicant shall provide a plan to be approved by staff including development-owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi-partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. 19. Cross-easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney. Advisory Planning Commission September 26, 2017 Page 6 of 7 20. Private maintenance agreements for the private streets and utilities shall be provided, in a form acceptable to the City Attorney, at time of final subdivision approval. 21. The applicant shall enter into a “No Build” Agreement, in a form acceptable to the City Attorney, to comply with all Building Code requirements. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 20, 2017 CASE: 09-PS-05-05-17 APPLICANT: MV Eagan Ventures, LLC HEARING DATE: September 26, 2017 PROPERTY OWNER: Same APPLICATION DATE: August 16, 2017 REQUEST: Preliminary Subdivision PREPARED BY: Michael J. Ridley, AICP LOCATION: 2600 Vikings Circle COMPREHENSIVE PLAN: Mixed Use - MU ZONING: PD, Planned Development SUMMARY OF REQUEST The Applicant is requesting approval of a Preliminary Subdivision (Viking Lakes 2nd Addition) to create seven lots upon approximately 62 acres located at 2600 Vikings Circle in the north half of Section 1. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that “In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. Planning Report – Viking Lakes 2nd Addition September 26, 2017 Page 2 E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in the city's water quality and wetland management plan which is properly approved and filed in the office of the city clerk and in effect as of the date the subdivision application was received by the city, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the water quality management plan and make the same available to the public. L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code. M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. BACKGROUND/HISTORY Lots 1 & 2, Block 1, Viking Lakes were platted in December 2016 as part of the 200-acre Viking Lakes subdivision. The subject parcels represent approximately 62 acres of the larger site. The Viking Lakes Preliminary Planned Development was approved in October of 2016 and calls for a development/redevelopment mix of land uses including office, hotel, retail/service, multi- family residential and indoor/outdoor recreation. Planning Report – Viking Lakes 2nd Addition September 26, 2017 Page 3 EXISTING CONDITIONS Significant progress has been made on the first phase of the development that includes the Minnesota Vikings corporate headquarters, indoor practice facility (IPF), outdoor practice fields and an open-air 6,000 seat stadium. Phase II is also under construction and features a medical office building and a sports medicine building. The applicant intends all of the development in Phase I & II to come on line in the first quarter of 2018. Construction has also begun on the Amenities Plan improvements as Phase III. SURROUNDING USES The subject site is surrounded by I-494 and Viking Lakes property. EVALUATION OF REQUEST Description of Proposal – The applicant proposes to subdivide the property into seven lots that will create individual parcels Viking HQ, wetlands and land bridge amenity, plaza, parking structure, sports medicine building, TCO medical building and the future building pad. Lots – The proposed subdivision will create seven separate lots for ranging in size from 1.6 acres to 32.4 acres. Topography/Grading – A preliminary grading plan was not submitted with the Preliminary Subdivision application. A majority of the site will be disturbed for the installation of streets, utilities, buildings, parking lots, and storm water features for the full development. Grading plans will be reviewed for compliance with city codes and standards along with future building permits. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Wetlands – Because there is a wetland on the site, Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan’s wetland protection and management regulations (City Code §11.67) apply to this development proposal. Stormwater Management /Water Quality – The entire site lies within Drainage District F (as designated in the City Storm Water Management Plan – 2007). The site generally drains toward a series of ponds and wetlands to the east of the property. Storm water is then routed to the southwest via an existing storm sewer system toward O’Neill Lake (City Pond FP-1) to the north. No plans were submitted with the Preliminary Subdivision application, so all plans will be Planning Report – Viking Lakes 2nd Addition September 26, 2017 Page 4 reviewed for compliance with the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control (which includes soil permeability restoration) with future building permits. Utilities – Utility plans will be reviewed for compliance with city codes and standards and the AUAR along with future building permits. Sanitary sewer District N (as designated in the City’s Comprehensive Sanitary Sewer Plan) serves the entire site. Lateral sanitary sewer of sufficient size, depth, and capacity is available for connection and extension with development of this site. All septic systems within the development should be abandoned in accordance with City and County standards. Trunk water main of sufficient size and capacity is available around the perimeter of the site for connection and extension with development of the property. The City’s Water Supply and Distribution Plan (2008) identifies the extension of trunk water main through the site to serve the water supply needs of the development site and other properties in northeast Eagan. All existing wells within the development should be abandoned in accordance with City and County standards. In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. In lieu of this recommendation, this development should be designed to support such networks. The applicant should provide a plan to be approved by staff including development-owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system should utilize a multi-partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. Streets/Access/Right-of-Way/Easements – Access to the site is provided by provided by various public commercial/ industrial surrounding roadways including Lone Oak Parkway, O’Neill Drive, and Ames Crossing Road. Public street access is proposed via public collector roadway, an extension of Northwest Parkway that is currently under construction. Pedestrian access and circulation will be provided through numerous trails and walks within the development, including those proposed adjacent to the Northwest Parkway roadway extension. Easements/Right-of-Way – The existing public drainage & utility easements will be vacated as part of the subdivision process, and new easements dedicated with the new plat. Cross- easements for ingress/egress and shared parking should be executed in a form acceptable to the City Attorney. The developer should provide private maintenance agreements for the private streets and utilities, in a form acceptable to the City Attorney, at time of final subdivision approval. Planning Report – Viking Lakes 2nd Addition September 26, 2017 Page 5 Financial Obligation – At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff, all trunk and lateral utility financial obligations have been previously collected for this property. SUMMARY/CONCLUSION The subject site was originally platted as two lots allowing construction to begin on Phase I; the Phase II and Phase III improvements had not been fully designed at that time so there was no way to accurately determine the individual lot lines. The proposed subdivision does not alter the approved Preliminary Planned Development or the improvements that have received Final Planned Development approval. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Viking Lakes 2nd Addition) to create seven lots upon approximately 60 acres located at 2600 Vikings Circle. If approved, the following conditions shall apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: A1, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1, H1, I1, J1 2. The property shall be platted. 3. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 4. All septic systems within the development should be abandoned in accordance with City and County standards. 5. This development shall meet all requirements of Minn. Rules Ch. 8420 and City Code §11.67 regarding and a proposed wetland replacement plan. 6. This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, Planning Report – Viking Lakes 2nd Addition September 26, 2017 Page 6 including Runoff Rate Control and 1.1” Volume Control on the site’s new and fully- reconstructed impervious surface area (including effective soil remediation for the site’s disturbed soils that are to be revegetated). 7. The applicant shall provide adequately sized pre-treatment (e.g. 4’ sump with scour protection and skimmer hood, inlet filter structure, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 8. The applicant shall provide clear plans and details on how impervious surface runoff will enter proposed infiltration basins (e.g. curb-cuts, catch-basin/piping, etc.), specifically on Utility Plan and other appropriate plan sheets at all proposed individual drainage areas. 9. The applicant shall provide unobstructed maintenance equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from pavement-edge to all surface stormwater facilities’ inlets/outlets. The unobstructed equipment access path shall be capable of fully supporting typical maintenance equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this access requirement. 10. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of four soil-borings within any proposed infiltration basin area, extending a minimum of 10’ below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub-soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) and/or follow Permissible Alternative Stormwater Volume Control Designs process if determined appropriate by the City Engineer, to ensure volume control requirements are fully met. 11. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration/filtration systems for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration/filtration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, details for pre-treatment, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting, seeding & permanent erosion-control details, etc., to ensure infiltration/filtration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Utility Plan, Landscape Plan, Details, etc.). Planning Report – Viking Lakes 2nd Addition September 26, 2017 Page 7 12. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 13. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify compliance with approved soil management strategy. City Water Resources staff shall be notified, with 24-hour advance notice, for inspection during soil amendment process, prior to installation of any irrigation, seeding or plant materials, to verify soil compliance. Provide plan sheet notes/instructions on all applicable plan sheets. 14. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub-soils are suitable for a saturated condition infiltration rate of 0.8-inch per hour or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than 0.8-inch per hour (or greater than 8.0-inch per hour), the applicant shall immediately notify the City Engineer. Documentation shall be provided to the City within 48-hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices (City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets). 15. Prior to proceeding with land disturbing activity, the property owner shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 16. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (pre-treatment, infiltration practices, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As-built volumes (for retention) shall be provided for the infiltration practices. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. Planning Report – Viking Lakes 2nd Addition September 26, 2017 Page 8 17. All existing wells within the development shall be abandoned in accordance with City and County standards. 18. This development shall be designed to support broadband and fiber optic telecommunications networks. The applicant shall provide a plan to be approved by staff including development- owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi-partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. 19. Cross-easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney. 20. Private maintenance agreements for the private streets and utilities shall be provided, in a form acceptable to the City Attorney, at time of final subdivision approval. 21. The applicant shall enter into a “No Build” Agreement, in a form acceptable to the City Attorney, to comply with all Building Code requirements. COMM E R S D RBLUEGENTIANRDLONE OAK DRIVELONEOAKPARKWAYL O N E O AKPARKWAYLONEO AKPAR KW A YHOLIDAY LNHOLIDAY LNCOURTHOUSE LNGRAND OAK CIR EAK CIR WSTATE T R U N K HWY. NO.1 49 C.S.A.H. NO. 26 (LONE OAK RD.)NORTHWESTPARKWAYWATERSRDBLU E G E N T IANRDS T AT E T R U N K H W Y.N O .14 9 STATETRUNKHAMES CROSSING RDVIKIN GS PA RKWA Y INVER GROVE HEIGHTSLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Viking Lakes 2nd Addition Request: Preliminary Subdivision Case No.: 01-PS-08-08-17Subject Area O'Neil DriveAmes Crossing RoadLone Oak Park wayO'Neil DriveLone Oak Parkway400 0200 Feet´This map is for reference use only. This is not a survey and is not indtended to be used as one.Aerial photo-Spring 2016 SECTION 1, TOWNSHIP 27 NORTH, RANGE 23 WESTNOT TO SCALEVICINITY MAPS I T EAMESLONE OA K P K W YCROSSING RD 8448233v2 REVISED NARRATIVE SUPPORTING PRELIMINARY SUBDIVISION APPLICATION Date: September 19, 2017 Project: Viking Lakes – Phases I and II and Amenities Plan Area Current Legal Description: Lots 1 and 2, Block 1, Viking Lakes (“Subject Property”) Proposed Subdivision: Re-subdivide the Subject Property to: (i) add two new lots upon which to construct the improvements described in the Amenities Plan; and (ii) divide the former Lot 2 into multiple lots to support the development of future phases adjacent to the Phase II project being developed by MV/TCO Ventures, LLC. For reference, please see the proposed preliminary plat submitted by EVS in connection with this Narrative and our Application. Reason for Request: Our original Viking Lakes plat was intended to support the development of the new Twin Cities Orthopedics Performance Center on Lot 1 as Phase I, as well as the Medical Office Building and Sports Medicine Building on Lot 2 as Phase II and Amenities Plan improvements as Phase III. The Phase II and Phase III improvements had not been fully designed at the time we recorded the original plat and we needed to proceed with that plat at that time to enable us to construct and complete the Twin Cities Orthopedics Performance Center within a challenging time frame. We have commenced construction of all three phases and, as we have previously discussed, we now request the City’s approval to re-subdivide Lots 1 and 2 to carve individual lots from Lot 2 for the Medical Office Building and Sports Medicine Center Building as well as for the two Lot 2 future phases shown on our approved master development plan. Furthermore, the improvements in the Amenities Plan area (from the Drop- Off Circle off Vikings Parkway through the land bridge and around the Wetlands “F” and “G”) are physically linked together, but are divided by the current boundary line between Lots 1 and 2. Most of the Amenities Plan area will be open to public use; therefore, we believe it is appropriate to build the Amenities Plan improvements on a legal description that is distinct from the legal descriptions for the Phase I and Phase II developments. Thank you for your consideration of our request and we look forward to your response. Agenda Information Memo October 17, 2017, Eagan City Council Meeting CONSENT AGENDA Q. Approve Final Subdivision for Yankee Doodle Professional Building Second Addition – City & County Credit Union Actions To Be Considered: To approve a Final Subdivision (Yankee Doodle Professional Building Second Addition) to create 2 commercial lots upon approximately 1.72 acres located north of Yankee Doodle Road and west of Central Parkway. Required Vote For Approval:  Majority of Councilmembers present Facts:  The Preliminary Subdivision was approved June 6, 2017, along with a Planned Development Amendment allowing a financial institution with drive-through on the easterly parcel (Lot 2).  Construction of the new City & County Credit Union on Lot 2 is already under way. Development of the westerly parcel (Lot 1) is governed by a Planned Development Agreement which identifies it for a restaurant.  The Final Plat has been reviewed by staff and is consistent with the preliminary approvals.  All documents and agreements are anticipated to be in order for execution at the City Council meeting on October 17, 2017. Issues: None Attachments: (3) CQ-1 Location Map CQ-2 Final Plat CQ-3 Development Contract TOWNCENTREDRIVEDUCKWOOD DR DENMARK AVECRESTRIDGE LANE PINECREST CTKOLSTAD ROADDENMARK AVENORTHJURDYCT S JU R D Y CT MARICE DR SHERMAN COURTHIGH -S I TE DRIVE JURDY ROA D J URDYROADMARICECTLEMIEUX CIR NORWEST ASHBURY ROAD BOARDWALKBALTICAVEST.CHARLESPLACECOACH M A NROADB O A R D W A L K PARK P L PACIFICAVE AS H B URY CT ASHBURYPLACEBIRCH P O N D P L BIR C H P O N D R D B L ACK HAWKC O VE B L ACKHAW K H ILLS RDASHBURYROADASHBURYPL BLACKHAWKLAKEDRL AKEVIEWTR AIL LAKEVIEWCURVE LAKEVI E WCURVE VIOLET LANE FEDERAL DRIVEHUNT DRIVE COACHMANROADCOACHMANROADTOWERVIEW ROAD QUARRY QUARRYCT.KRESTWOOD LNBIRCHPONDRDCOACH M A NROADDRIVE 81ST ST WDONALD AVECRESTRIDGE DRENGLERT RD LETENDRE ST C E N T R A L P AR KW AYQUARRY RD CTCRESTRI DG E C T KOLSTADLNLANE TOWN CENTRE DR TIMBERSHORELANECROSSROADCT.DENMARK AVEFA R N U M FOUR OAKS RD DONALD CO U RTCOACHMANROADCENTURY POINT ALDENPONDLANETOWERVIEW ROAD C.S.A.H.NO.31(PILOTKNOBROAD)COUNTY ROAD NO.28 (YANKEE D O O D L E R O A D )C.S.A.H. NO. 31 (PILOT KNOB ROAD)COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)C.S.A.H. NO. 31 (PILOT KNOB ROAD)COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)FEDERALDRIVEDONALD AVEFEDERAL DRIVEFEDERALDRIVESURREYHEI GHTSD R IV E WA S HINGTONDRIVEDUCKWO O D D R PilotKnob Park CentralPark Park FishLake Park MoonshinePark Quarry Park Park 0 1,000 2,000500Feet ´ Legend Parcels Buildings Parks City Boundary §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Location Map Project Name: Yankee Doodle Professional Building 2nd Addn.Request: Final Subdivision Case No.: 09-FS-03-06-17 Subject Site YANKEE DOODLE PROFESSIONAL BUILDING SECOND ADDITION dswibILLp p y tuated In thaEstNT 1%1.1 1111G f Cretlif U f M nneeeta rent .man. fee offer of the folia R y eI Eahg.n, ca�nty efnoakata, statlene Lot 2. Slack 1. YANKEE DOODLE PROFESSIONAL BUILDING, according to the ,¢carded plot thereof. Dakota County, Minnesota V L. rwym on YANKEE DOODLE PROFESSIONAL BUILDING SECOND ADDITION antl tloes hereby e^6„r1� T dxm<atxatn t=�p�blc rer p`bhc rerevxr',I�nx manage antl STI r —d-1.px created by Ill pat. IT- EAST 28.124 •�4Y�'e5l0'/^ M `, INftWITNESS WHEREOF IMId city N County credit , p Mlnnesota credit union. M1ax caused these presents to be signed by Its proper es¢, thix d.y of . 301_ i _ r Signed: City N. County Credlt Union, a Mlnnesota credit union o y - BY1____________________________ Patrick Pierce. Presiaenl \ $ \ le5 10 \ STALE Q coyNTr a \ ro �• here,¢ me mie ----- d. 2.1___, by Paormo R,r< Preeldent, Otr leis In arra ment vas acknonledged y .f - - - - - _� ceanty cremt Unran, a Mrnne,am credit anion. o BLOCK I I 1 \ -- n I I I NcrwSr-a \ sash+` �' N mry Pubr'<— - - - - - - -- C.anly. ------------ mil ml <ammleslan e.pl,e. 0 \Mr 99Pv \ g \\ Ell Ba pr-- A nasty r,p SLUry Slate r sots:f that thls fyt a bound.,¢ o rvsu�w that maticaln data < P t'\ OOOUCC'rSr e plat ent.tion Yt a and ac.. exY9 ails�tl e th atsca rpbounaabrles .nab ve ands as deflnadml a statutes, PI 505.01, ¢Buba. 3� as .r Me�data hof this Z \ j \ �Q tltionw certiFlcpte ora sM1axn antl la ¢lea on tM1lstplat antl all public nays are sbovn antl lobe, on this plat P R r A, 11u� —""At e V c V 1%1 I v1 Dated LYN K.y f 2m n e, v EAs--4, m ENFNr PER DOC. W z,ae'06 1x• - - - - - Eric Roeser. Lantl Surveyor 1f I I I A 10 Minnexot. Licenxe Ne 4T4TB �------------------------------J L-----------------_-----z_-----_-----J . _ a 192.06 22521 STALE a is e a e e e e COUNTY OF F --- -- cerliri nae acknanleagea hero,¢ me this ____-- dv Eric R.eeer, 1ne raagaing arrcrore adv ar _—_________ . za1� --yl, 01 --bb, u<.nee Ne. 474TS. Land N -sAum "NO of Lor z BLoar r. N89'44:74eW 415.27 rAN1rcc oaaDLc PrewTssraNu suuaNc OTY COONOL OW W EAOAN, MINNESOTA SECOND AD a a oved and acceptted by me City council ^! com Cl ty of a pp antl sai plat Is Eagan. Mlnnesaca at .regular meetiYANKEE ng thereof held chis day pi nce Sreg,aa 4 .mn the prevel.n, er Mmnee.ta staates, se.n.n 50503, subd. 2. COINTY SNt�Ein• - _F.zJ!s°F I be_ y _ m stout¢¢, Bache, ILIU21, I- 11, th pa baa been re l—I and app ed 1- �°Abi re NN o kotoeca y w =l OF CON9901EN9 en y .r Dakem, Smte of Menne-t. ANKEEb DOODLE PROFESSIONALb BU1LDINGd SECOND ADID �an .—PI.— with t p rasions o! Minnesota Statutes SDS.D3, Subd 2, antl pursuant to the Dokota County Contlgueus sFlat Ordinance. BY____________ Attest: __________________________ OFPARIIENT OF P•OPmTY TAXATION A NEWIDS _ tdne ta d een peed , A s u n b d n eso statutes, section 2]2.12, chars are noxelln.uent xes end rer entered this x b bdey of cat 201_ ca s mm RECOiOFIt County of D.kam, state of M,nneaata areby certiry [M1.t tM1is plat of YANKEE DOODLE PROFESSIONAL BUILDING SECOND AD fled in a of th Coun[yR Recorder tar bllc record tM1ls _____ day vas __ a ice as Document 201___, a[ ____ o'clock _. M., and vas duly filed in ..k DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 10.00-L 5.00 --J -- L_-5.00 -10.00 L___1_ BEING 5 FEET IN WIDTH. AND ADJOINING SIDE LOT LINES, AND BEING 10 FEET IN WIDTH ADJOINING STREET LINES AS SHOWN ON THE PLAT, UNLESS OTHERWISE INDICATED. - -s Levc I ws sae 114 of sEc s — --� E ISITE YANK11 b-1 —1 SE 114, SEC. 9, T27N, R23W VICINITY MAP NOT TO SCALE 8 (atusrlNusr NW ter) FOUND 1 - NAIL • FOUND 1/2 INCH IRON MONUMENT AIARHED 8Y LICENSE AS NOI£D N o unax v Ium4i ccrvsE NunieerrNi2a2s e OENO1£5 —T OF NCCSSO A� SNOWN RRO££5.40.VAL BVILOING AD—ON 0 30 60 90 SCALEIN FEET North as 1F,r— 44 min„ tee 14 x nJx Wxxt - .� I N Egan. field & Nowak, Inc. ayOrs It nce 1872 DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND CITY & COUNTY CREDIT UNION FOR THE DEVELOPMENT OF YANKEE DOODLE PROFESSIONAL BUILDING SECOND ADDITION THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 MGD/Ianw (206-38645) THIS AGREEMENT, made and entered into the day of , 2017, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); and City and County Credit Union, a Minnesota credit union, ("Owner/Developer"). WHEREAS, the Owner has applied to the City for approval of the plat or subdivision known as Yankee Doodle Professional Building Second Addition located within the City; and WHEREAS, the City approved the plat on condition that the Developer enter into this contract and furnish the security required by it; NOW, THEREFORE, the City and Developer agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the teens and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer as part of the Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the improvements to or for the Subdivision to be installed or constructed by Developer. Developer - City & County Credit Union. Whenever the term Developer is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property. 2 Development - The subdivision of the Property and the installation and construction of all hnprovements required in order to make the Property suitable for the Developer's intended use, as approved by the City. Development Manager - Patrick Pierce, whose address is 144 East I It" Street, St. Paul, Minnesota 55101 and who is hereby authorized by the Developer to address any and all concerns of the City in regard to the Development and is also designated by the Developer to receive any and all notices, official or otherwise, from the City as required by this Contract. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of Special Assessments, construction of all improvements and payment of the cost of all improvements. hnprovements - Improvements required to make the Property suitable for the Developer's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to: grading and drainage; sanitary sewer system; water system; storm sewer; storm water retention ponds; streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland boundaries, mailbox supports and trails and sidewalks, if applicable. Insurance - Public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of Developer's subcontractors or by one directly or indirectly employed by any of them. Landscape Architects - Jennifer L, Krantz, MN License No. 50576, a registered professional landscape architect licensed to practice in Minnesota. 3 Outlot - A platted lot to be developed for a use which will not involve a building or to be reserved for future replatting before development. Owner - Is the fee owner of the Property, any contract for deed holder, or any other person or entity having a legal and/or equitable interest in the fee ownership of the property. For purposes of this Agreement, the term "Developer" shall include any and all owners. Plat - The subdivision of the Property into lots and blocks, easements, streets and public right-of-ways as shown on the attached Exhibit "A" subject to the conditions attached hereto as Exhibit "B ". Permit to Proceed - A written letter issued by the City setting forth that all conditions precedent to Development have been satisfied and that the Developer may proceed with construction of the hnprovements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer into the Plat shown on Exhibit "A " attached hereto. Special Assessments - All costs for improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Stonn Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City of Eagan at City Hall. Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. M Surveyor- Eric Roeser, Minnesota License No. 47476, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Commencement of Improvements. Within the Plat or Property to be platted, the Developer may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied: A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Effect of Subdivision Approval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed -to in writing by the City and Developer. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Engineer, Architect, Landscape Architects, and/or Surveyor with duly noted certification thereon, and shall have been 5 submitted and approved by the City. If the plans vary fioin the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: Plan I - Plat prepared by: Eric Roeser, Minnesota License No. 47476. Plan II — Erosion Control Plan dated 05/26/2017, with a final revision date of 07/26/2017, prepared by: Jonathan Libby, Minnesota License No. 51276. Plan III — Site Plan dated 05/26/2017, with a final revision date of 07/26/2017, prepared by: Jonathan Libby, Minnesota License No. 51276. Plan IV —Grading Plan dated 05/26/2017, with a final revision date of 07/26/2017, prepared by: Jonathan Libby, Minnesota License No. 51276. Plan V — Utility Plan dated 05/26/2017, with a final revision date of 07/26/2017, prepared by: Jonathan Libby, Minnesota License No. 51276. Plan VI - Landscape Plan dated 03/15/17, with a final revision date of 07/25/2017, prepared by: Jennifer Kranz, Minnesota License No. 50576. Plan VII — Tree Preservation Plan dated 03/15/17, with a final revision date of 07/25/2017, prepared by: Jennifer Kranz, Minnesota License No. 50576. 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect, Landscape Architect and/or Surveyor must be in conformance with the Standards adopted by the City. Submission of the required plans by the Developer shall act as a representation by the Developer that the plans are designed properly and that the Improvements will properly function as designed. 3.3 Permits. It is the responsibility of the Developer to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, permits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; appropriate C watershed district; Board of Soil and Water Resources; railroads; utility companies; Minnesota Department of Natural Resources; Army Corp of Engineers; Minnesota Pollution Control Agency; Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporated into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with the conditions of such approvals, permits, and licenses shall be the sole responsibility of the Developer. The Developer agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting from any failure of the Developer. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer shall be done in conformance with this Contract; state statutes and regulations; and the City Code and Standards promulgated thereunder. It is understood and agreed that the fail -Lire of the City to promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 4.2 Completion Dates. Improvements required shall be completed no later than the following dates: Item: a) Subdivision Lot(s) Corner Pins c) Site Grading d) Restoration and Soil Stabilization e) Utilities (sanitary, water, storm sewer) D Landscaping & Tree Mitigation 7 Date: Dec. 31, 2017 to occur with building permit with 7 days of completion of grading to occur with building permit Prior to Cert. of Occupancy Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Subdivision Lot Corners. Within one (1) year from the date of this Contract, the Developer shall verify by written notice to the City that all Subdivision lot corner pins have been installed. 4.4 License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. SECTION V INSPECTIONS AND COMPLETION 5.1 Clean-up. The Developer shall clean dirt and debris from streets, storm water conveyance systems, ponds, wetlands and adjoining property that resulted from construction work by the Developer, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 No public infrastructure is proposed, and grading, tree mitigation, and landscaping are occurring with the building permit. No Financial Guarantee shall be due with the final subdivision of this property. Any financial guarantees for the fiiture development of Lot 2, Block 1, will be collected with the building permit. SECTION VII PARK AND TRAIL DEDICATION 7.1 Park and Trail Dedications. Park and trail dedications were previously satisfied through dedication of land with the Eagan Preserve subdivision. 7.2 Water Quality. This development shall meet the City's post -construction stormwater management requirements, including 1.1" Volume Control of the site's proposed impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. For Lot 1, Block 1, to meet the 1.1" Volume Control requirement for this development proposal, a filtration volume of at least 4,250 cubic feet shall be provided. For Lot 2, Block 1, post -construction stormwater management requirements shall be designed and constructed based on the proposed development of that lot. A stormwater management system maintenance agreement for each lot shall be executed as evidence of the Owner's monitoring and maintenance obligations. 7.3 Tree Preservation. Tree protective measures (i.e. 4 -foot polyethylene safety netting or orange silt fence) shall be installed at the Drip Line or at the Critical Root Zone, whichever is greater, of significant trees and/or significant woodlands to be preserved according to the approved grading plan. Tree Protection fencing must be inspected by the Supervisor of Forestry and approved prior to clearing and grubbing activities. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five working days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6 SECTION VIII RESPONSIBILITY FOR COSTS 8.1 Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; pen -nits; the cost of persons doing work or furnishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including environmental assessments and/or enviromnental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 8.2 Hold Harmless. The Developer shall hold the City and the City's officers, employees, and agents harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Plat approval, the Development and/or the breach of this Contract. The Developer shall indemnify the City and the City's officers, employees, and agents against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 8.3 Reimbursement. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer shall pay in full all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (30) days of receipt. If the bills are not paid on time, the city may halt construction of the Improvements until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight (8%) percent per year. 10 8.4 Payment of Special Assessments. The Developer shall pay or cause to be paid when due and in any event, before any penalty is attached, all Special Assessments referred to in this Contract. 8.5 Additional Charges. In addition to the charges and Special Assessments referred to herein, other charges may be imposed such as but not limited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 8.6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION IX ASSESSMENTS AND CONNECTION CHARGES 8.6 All Trunk and Lateral fees have previously been collected for this property, SECTION X EVENT OF DEFAULT 10.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract. a) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under this Contract. b) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under the City Code and/or City Standards. C) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat. 11 d) Developer shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (30) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. f) Failure of the Developer to maintain the required Financial Guaranty or other required security with the City. g) Failure by the bank or financial institution that issued the Financial Guaranty to pay on demand by the City. SECTION XI REMEDIES 11.1 Performance by the City. In the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer notice of default forty-eight (48) hours prior to the City performing curative work. 11.2 Assessment. When the City does any work as a result of the Developer's default or upon failure of the Developer to malce payment upon billing when due, the City may proceed to assess the costs in whole or in part against the Property, or may proceed to collect on the Financial Guaranty. It is expressly agreed and understood herein, that this Developer waives any notice of hearing and any rights to objection to the assessments so levied by the City. 12 11.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer, its agents, contractors, or sub -contractors to cease all or any work being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements or homes on the Property. 11.4 EmergencX. In the event of an emergency, the forty-eight (48) hour notice provision shall be and hereby is waived in its entirety by the Developer and the Developer shall reimburse the City upon being billed thereof for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given. 11.5 Cumulative Rights and Non -Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 11.6 Denial of Building Perinits. An event of default shall be grounds for denial or revocation of building permits, including permits issued in connection with lots sold to third parties. SECTION XII RELEASE OF FINANCIAL SECURITY 12.1 General. Periodically upon Developer's written request and upon completion and verification of satisfactory compliance of any installed Improvements, a like percentage of that portion of the Financial Guaranty covering those specific Improvements may be released; except however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Development Contract Requirements. At the time of final Inspection of all Improvements, if it is determined by the City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that the Developer post a cash escrow equal to one hundred twenty-five percent (125%) 13 of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. SECTION XIII RELEASE OF DEVELOPER LIABILITY 13.1 Release. Upon submittal by Developer of the required As -Built Plans for each Plan identified in Paragraph 3. 1, and payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations under this Contract, save and except for those imposed pursuant to Paragraphs 7, 8.2 and 8.4. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution. SECTION XIV MISCELLANEOUS 14.1 Compliance. The Developer represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision ordinances; zoning ordinances; and environmental regulations. If the City detennines that the Plat does not comply, the city may at its option refuse to allow construction or development work on the Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 14.2 Authorization. By the execution hereof, the Developer represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 14.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 14 14.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 14.5 Run with the Land. This Contract shall run with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer for itself, its successors and assigns, acknowledges that the property shall be affected by the terms and conditions contained herein. 14.6 Non -assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. SECTION XV NOTICES 15.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 15.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 15.3 If to Developer, mail to the Development Manager. 15 IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF EAGAN: By: Mike Maguire Its: Mayor Attest: Christina M. Scipioni Its: City Clerk (SEAL) DEVELOPMENT CONTRACT APPROVED AS TO FORM: voel,— By: Eagan City Attof�nney Date: 10 ((� I (r7 APPROVED AS TO CONTENT: By: Community Development Department Date: 16 DEVELOPER: City & County Credit Union By: _ Its: _ Date: STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of , 2017, before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA M. SCIPIONI to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Deputy Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2017 by Patrick Pierce, the President of City & County Credit Union, a Minnesota credit union, on behalf of the credit union. Notary Public 17 C m / 'R 's�'Z & I �$ o a S� 4� � r4 a h s, n Q J(a 005 Cp,pysR7:)y 38 ° CIJORD R2h000)10•��n"Tx�L-�""1 IIB.51 i I i 1 I k# I7 i URI 99 0 `______________ wl ______________ -----':n______ I - •u% ooro a,rr Ir ud U j o pt Lu V♦ z R I _ I I C] I LiJ (il I (T) Q ® C� J�� i ________ fBTBI 3,16,860N ________ i L� � � I� I I I ° •, I '`' � LTJ c, �' i =✓ m << i ;� J L zW V/ __� L__________________________J < ° b LO'F6l $F0,00.0N __ _____��i __________________fi x.caazrs __r A � Mv W �a U. ®CL 4 $ W s � E 8 9 €a°� �� 0 p azoe I 4$ 6 c 1 § ib'h•b�is tl6 ^ Ui frp ia° E °Ofrfr 9 Rif! >f pi WIII a4 0 �.6 s 9c.5 4 RQ i �w 5 �4 pa 1 dss $$E$$ 4R ! 1Eo E §m9 '$I a E �$ 43 R m ���se s; 89 m E I m§ 3®R m@ ast ma 1041"0 IOP Ili*— EXHIBIT B 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, Cl, C2, C4, E1, F1, G1, andH1. 2. The property shall be platted. 3. Signage shall be permitted on four elevations as identified and in the sizes shown on the Building Elevations. This deviation to the number of building signs is in consideration of no free- standing signage, and no direct access to abutting streets. 4. A Sign Permit is required prior to installation of any signs. The building name and logo shall be placed such that they are considered as one sign per the City's Sign Code. 5. Any signs that meet the definition of window signage in the City Code shall be subject to compliance with applicable City Code standards. 6. A revised Landscape Plan shall be provided with a corrected plant schedule (some plant quantities do not match with the graphic and one shrub item should be relocated under the perennials heading). 7. The Landscape Details plan shall be revised for the tree planting specifications to note the root flare is to be visible and F'-2" above grade, and no mulch placed in contact with the trunk of the tree. 8. The developer shall enter into an encroachment agreement with the City for placement and maintenance of this landscaping within the public easement, in a form acceptable to the City Attorney. (Satisfied) 9. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious surface area (or equivalent water quality treatment through filtration) and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 11. The applicant shall clarify underground stormwater filtration system details, including that no geosynthetic fabric will be installed below the chambers, with the exception of the header row and the sides and top of the underground system. Also, pre-treatment shall be provided at all catchbasins immediately upstream of the underground system inlets, in the form of four -foot depth sump structures with appropriately sized floatable skimmer hoods installed in each sump location. 12. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 13. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stonnwater conveyance structures, stormwater management facilities (infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes for retention shall be provided for the filtration system. The applicant shall submit to the City Engineer certification that the storinwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 14. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 15. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. 16. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of final subdivision approval. 0 Agenda Information Memo October 17, 2017 Eagan City Council Meeting CONSENT AGENDA R. APPROVE Indefeasible Right to Use (IRU) fiber optic agreement with Dakota County for three separate segments within Eagan Action To Be Considered: Approve Indefeasible Right to Use (IRU) fiber optic agreement with Dakota County for three separate segments within Eagan. Facts: ➢ The County is interested in leasing two strands of fiber for three separate segments to complete its fiber pathway for various projects. The total distance of all segments is 5.5 miles. ➢ Segment 1 consists of two fiber strands running from the intersection of Yankee Doodle Road and Denmark Avenue to the intersection of Yankee Doodle Road and Wescott Woodlands. The total distance of this segment is 1.2 miles. ➢ Segment 2 consists of two fiber strands running from the intersection of Johnny Cake Ridge Road and Diffley Road to the intersection of Blackhawk Road and Diffley Road. The total distance of this segment is .6 miles. ➢ Segment 3 consists of two fiber strands running from the intersection of Pilot Knob Road and Wilderness Run Road to Eagan Cityhall. The total distance of this segment is 3.7 miles. ➢ The term of this contract is 10 years and the County will pay the City annual fee of $4,460 plus annual incremental increases per Consumer Price Index (CPI) for this fiber IRU. Attachments: (1) CR-1 IRU FIBER OPTIC INDEFEASIBLE RIGHT TO USE THIS FIBER OPTIC INDEFEASIBLE RIGHT TO USE together with any attached exhibits (collectively the "Agreement") made and entered into by and between the City of Eagan, a Minnesota municipal corporation ("IRU Grantor" or "the City"), and Dakota County, acting by and through its Board of Commissioners ("IRU Grantee", or "the County").. The IRU Grantor and IRU Grantee may be referred to herein individually as a "Party" or collectively as the "Parties." BACKGROUND A. The County desires to lease Fibers from the City as described in this Agreement; and B. The City agrees to grant to County the right to use specific Fibers within certain Fiber Optic Cable segments on the terms and conditions set forth below. DEFINITIONS The following terms are' used in this IRU: A. "Effective Date" is the date upon which all Parties have executed this Agreement. B. "Fiber" means a glass strand or strands which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. C. "Fiber Optic Cable" or "Cable" means a -collection of fibers with a protective outer covering. D. "IRU Cable" means a Cable containing one or more Fibers, constructed and owned by the City in which the County has an IRU pursuant to the terms of this Agreement. E. "IRU Fibers" means the specific City owned Fiber at three different locations in the City: (1) Lemay Lake Substation to Yankee Doodle Substation; (2) Johnny Cake Ridge Road to Fire Station #1 (for connection to Deerwood Substation); and (3) Lemay Lake Substation to Fire Station #1 (for;Lemay Lake Substation to Deerwood Substation) and as described further herein, an IRU for which is granted to the County in the IRU Cable. F. "Indefeasible Right of Use" or "IRU" means an indefeasible right to use the IRU Fibers, provided, however, that granting of such IRU does not convey legal title to the IRU Fibers. G. "Optical Splice Point" means a point where the County's Cable is connected to the City's Cable within a splice enclosure. H. "Relocation" means any physical movement of fiber optic cable or conduit required due to reconstruction, modification, change in grade, expansion or relocation of a County road or highway, or a city street. I. "County Right of Way" means the real property, including all fee simple, easements, access rights, rights of use and other interests, owned and/or operated by the County, devoted to County road or highway purposes. In consideration of their mutual promises, the parties expressly agree as follows: ARTICLE I LICENSES Section 1.1 The County desires to obtain an IRU in the IRU Fibers further described in Exhibit A to this Agreement, which is incorporated into this IRU by reference. In consideration of the promises by the County in this Agreement, the City grants an IRU to the County in the IRU Conduit identified in Exhibit A hereto. The City shall deliver to the County the right to use the IRU Fibers, including, but not limited to, handholes, splice enclosures, and related equipment but excluding any electronic or optronic equipment at termination points located in County facilities. Prior to use, the County shall coordinate with City the use of any handholes and splice enclosures required for the IRU Fibers. The County shall be entitled to use the IRU Fibers for any lawful purposes subject to (i) agreeing to be bound by all laws, regulations and any requirements of the City regarding access to City rights of way, and (ii) otherwise complying with the terms and conditions of this IRU. Section 1.2 Subject to the terms and conditions of this Agreement, City hereby grants to the County a license to access and use the two IRU Fibers within three different Fiber Optic Cable segments as described below during the term of this Agreement. The specific strands subject to each IRU segment are identified in Exhibit B. Section 1.3 The IRU Fibers are being leased to the County "as is." If there is any equipment needed (e.g. splice cases, handholes, etc.) or any fiber splices needed to interconnect fiber cables, the County shall be responsible for coordinating its work with the City and shall pay any and all costs and fees associated with connecting the IRU Fibers to the City's fibers. Section 1.4 Notwithstanding anything contained to the contrary in this Agreement, the Parties acknowledge and agree that nothing contained in this Agreement shall operate to limit, interfere with, or otherwise adversely affect each Parry's right to manage, control, construct, relocate, maintain, replace and expand their fiber optic network equipment and infrastructure that either may deem necessary or desirable in its sole discretion, subject only to the IRU and the County's license to the IRU Fibers. 2 ARTICLE II EFFECTIVE DATE AND TERM The County shall be entitled to use the IRU Fibers granted by the City upon the Effective Date. The term of this Agreement shall be for ten (10) years unless terminated in writing by the Parties or one of the events set forth in Article XI, Section 11.2 of this Agreement occurs, whichever is first. ARTICLE III LICENSE FEES The County shall pay a fee of $65.00 per pair of IRU Fibers, per mile, per month for use of the IRU Fibers. The County shall either make a one-time payment of $44,460.00 upon execution of this Agreement or pay the City an annual fee of $4,446.00 adjusted each year by an amount equal to the increase in the Consumer Price Index ("CPI"); provided, however, that the maximum annual increase in any year shall not exceed eight percent (8%). Consumer Price Index means the. Consumer Price Index - for all Urban Consumers, All Cities, All Items (1967- 100)" as published by the United States Department of Labor Statistics (or its successor equivalent index). If the County decides to make annual payments to the City, the first payment shall be made upon execution of this Agreement. Subsequent annual payments shall be made on or before the anniversary of the last payment. ARTICLE IV MAINTENANCE AND REPAIR Section 4.1 The County shall be fully responsible for installing the Cable and all equipment necessary to connect the County's Cable to its fiber optic network. The County must notify the City prior to installing the Cable and prior to accessing existing handholes owned by the City. Section 4.2 The County shall be fully responsible for maintaining and repairing the Cable installed in the IRU Fibers and all of its equipment used to connect the Cable to the County's fiber optic network and associated equipment. ARTICLE V SPLICING The County shall be responsible for the cost of the initial splicing of the County's Fibers at any Optical. Splice Points and any additional splicing equipment that it requires to connect fibers to the County optical fiber network. The County must obtain the City's written consent prior to splicing any City owned Cable. ARTICLE VI REPRESENTATIONS AND WARRANTIES Section 6.1 The County warrants that its use of the IRU Fibers shall comply with all applicable governmental codes, ordinances, laws, rules, regulations and/or restrictions. 3 Section 6.2 The City represents and warrants that it has the right to grant this IRU in the IRU Fibers. Section 6.3 The County's sole and exclusive remedy and the City's sole and exclusive maximum liability under this Agreement for failure of the IRU Fibers shall be, at the sole option of the City, to repair or replace any defective portion of the IRU Fibers, provided that the City is promptly notified in writing upon discovery by the County that any portion of the IRU Fibers has failed to conform with the terms of this IRU, such writing to include an explanation of alleged failures. Section 6.4 Neither party's warranties extend to defects caused by acts of God, accident, fire or other hazard, or by any misuse, neglect, alterations, storage, attempts to repair, or use of other supplies not meeting specifications. THE FOREGOING WARRANTIES AND REMEDIES CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE IRU FIBERS. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL IN ANY EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER FOR ANY REASON. ARTICLE VII LIABILITY; INDEMNIFICATION Section 7.1 Neither City nor County shall be liable to the other for any indirect, special, punitive or consequential damages arising under this Agreement or from any breach or partial breach of the provisions of this Agreement or arising out of any act or omission of either Party hereto, its directors, officers, employees, servants, contractors and/or agents. Section 7.2 The County assumes, releases and agrees to indemnify, defend, protect and save City (including its officers, agents, representatives and employees) harmless from and against any claim, damage, loss, liability, injury, cost and expense (including reasonable attorney's fees and expenses) in connection with any loss or damage to any person or property arising out of or resulting in any way from the acts or omissions to act, negligence or willful misconduct of the County, its directors, officers, employees, servants, contractors and/or agents in connection with the exercise of its rights and obligations under the terms of this IRU. The City assumes, releases and agrees to indemnify, defend, protect and save County (including its officers, agents, representatives and employees) harmless from and against any claim, damage, loss, liability, injury, cost and expense (including reasonable attorney's fees and expenses) in connection with any loss or damage to any person orproperty arising out of or resulting in any way from the acts or omissions to act, negligence or willful misconduct of the City, its directors, officers, employees, servants, contractors and/or agents in connection with the exercise of its rights and obligations under the terms of this IRU. 4 Section 7.3 Nothing contained herein shall operate as a limitation on the right of either Party hereto to bring an action for damages, including consequential damages, against any third party based on any acts or omissions of such third party as such acts or omissions may affect the construction, operation or use of the Fiber, Cable, or IRU Fibers; provided, however, that (i) the Parties to this Agreement shall not have any claim against the other Party for indirect, incidental, special, punitive or consequential damages (including, but not limited to, any claim from any customer for loss of services), and (ii) each Party hereto shall assign such rights or claims, execute such documents and do whatever else may be reasonably necessary to enable the injured party to pursue any such action against such third party. ARTICLE VIII FORCE MAJEURE The obligations of the parties hereto are subject to force majeure and neither party shall be in default under this Agreement if any failure or delay in performance is caused by strike or other labor dispute; accidents; acts of God; fire; flood; earthquake; lightning; unusually severe weather; material or facility shortages or unavailability not resulting from such party's failure to timely place orders therefor; lack of transportation; acts of any governmental authority; condemnation or the exercise of rights of eminent domain; war or civil disorder; or any other cause beyond the reasonable control of either party hereto. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. ARTICLE IX RELOCATION OF CABLE Section 9.1 The Parties shall have the right to relocate the IRU Cable at any time upon written notice to the other Party (a "Relocation"). The County shall be responsible for all costs associated with a Relocation of the IRU Cable in County Right -of -Way that is required by alteration of the County Right -of -Way or by the request of a third party having authority to require the move. The County may seek and receive funding or reimbursement from a third party for a Relocation by the County and the City shall have no right to such funds or reimbursements and shall not pursue a claim against such funds. The City shall be responsible for all costs associated with a Relocation of the IRU Cable in City street Right -of -Way that is required by alteration of the City Right -of -Way or by the request of a third party having authority to require the move. The City may seek and receive funding or reimbursement from a third party for a Relocation by the City and the County shall have no right to such funds or reimbursements and shall not pursue a claim against such funds. Section 9.2 Either Party shall give the other Party at least sixty (60) days prior notice of any such Relocation, if possible. The relocating party shall have the right to determine the extent of, the timing of, and the methods to use for such Relocation; provided that any such relocated Cable, Fibers and Conduit shall be constructed and tested in accordance with industry standard specifications and requirements. In addition, the relocating party shall use reasonable efforts to 5 ensure Relocation does not result in an adverse change to the operations, performance or connection points with the network of the other party, or end points of the applicable IRU Cable and Fibers. Section 9.3 Each party has the right to review the Relocation plans at least fourteen (14) days prior to commencement of any Relocation. Either party may submit comments on the Relocation plans, which comments shall not delay commencement of the Relocation. Both parties shall have the right to have a representative present at the time a Relocation occurs. ARTICLE X CONFIDENTIALITY The Parties agree and recognize that this Agreement as well as information and documents the Parties receive from one another during the term of this Agreement may be considered public data under the Minnesota Government Data Practices Act, Minn. Stat. Ch 13. The Parties agree to comply with the Minnesota Government Data Practices Act as it applies to all data provided by the Parties under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any Party under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by. any Party. If either Party receives a request to release data arising out of or related to the Facility or the use, operation or maintenance thereof, the Party receiving the request must immediately notify the other Party of the request. The Parties will promptly consult and discuss the best way to respond to the request. ARTICLE XI ABANDONMENT; TERMINATION; EFFECT OF TERMINATION Section 11.1 Should the City decide to abandon all or part of the IRU Fibers during the term of this Agreement, it may do so by providing sixty (60) days' notice informing the County in writing of its intent to abandon. Such abandonment shall be at no cost to either Party except as set forth in this Article. If the City provides notice of intent to abandon, the County may notify the City prior to the expiration of the notice period of its intent to take ownership of the IRU Fibers. If the County provides timely notice of such intent, the Parties will execute any agreements or documents transferring legal title of the IRU Fibers to the County, at no cost to either Party. Section 11.2 This Agreement shall terminate upon the first to occur of the following: (a) Automatically upon the effective date abandonment by the City. (b) Upon written notice from either Party to the other if a default occurs that is not cured within the time allowed hereunder or an event of default occurs under Article 11, Section 11.2. Section 11.3 If this IRU terminates under Article 11, Section 11.2(a) neither Party shall have any liability to the other Party for the use of the IRU Fibers; If this Agreement terminates under Article 11, Section 11.2(b), the non -defaulting party shall not have any liability to the G defaulting party, and the defaulting party shall be liable for such damages to the non -defaulting party as the non -defaulting party may establish in a court of law, except as limited by this Agreement. Upon termination of this Agreement for any reason, the Parties agree to promptly draft and execute any documents reasonably required to effect such termination. Section 11.4 Upon termination of this Agreement for any reason, the County shall cease to have any rights to the IRU Fibers or other rights under this Agreement or any obligations under this Agreement except for obligations under this Article and any other obligations that arose prior to such termination. ARTICLE XII DEFAULT Section 12.1 Neither Party shall be in default under this IRU unless and until the other Party shall have given the defaulting party written notice of such default and the defaulting party shall have failed to cure the default within thirty (30) days after written receipt of such notice; provided, however, that where a default cannot be reasonably cured within the thirty (30) day period, if the defaulting party shall promptly proceed to cure the default with due diligence, the time for curing the default shall be extended for a period of up to ninety (90) days from the date of receipt of the default notice or until the default is cured, whichever is shorter. Section 12.2 Upon the failure by the defaulting party to timely cure any default after notice thereof from the non -defaulting party, the non -defaulting party may take any action it determines, in its discretion, to be necessary to correct the default, and/or pursue any legal remedies it may have under applicable law or principles of equity relating to the breach. ARTICLE XIII NOTICES Section 13.1 Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed as follows: If to the City: City of Eagan Attn: IT Department 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: City Attorney Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 If to County: Dakota County Attn: Information Technology Director 1590 Highway 55 Hasting, MN 55033 7 With a copy to: County Attorney's Office Attn: Civil Division 1560 Highway 55 Hastings, MN 55033 Section 13.2 Unless otherwise provided herein, notices shall be sent by certified U.S. Mail, return receipt requested, or by commercial overnight delivery service which provides acknowledgment of delivery, or by facsimile, and shall be deemed delivered: if sent by U.S. Mail, five (5) days after deposit; if sent by facsimile, or commercial overnight delivery service, upon verification of receipt. ARTICLE XIV LIMITATION ON PROPERTY INTEREST This Agreement does not grant the County any property interest or estate in or lien upon the City's property, Optical Fiber Network or any components thereof or any Intellectual Property, except for use of the IRU Fibers during the term of this Agreement. All liens, claims and charges of the County at any time shall not attach to any interest of the City or in any property owned by the City. This Agreement does not grant the City any property interest or estate in or lien upon the County's property, Optical Fiber Network or any components thereof or any Intellectual Property. All liens, claims and charges of the City at any time shall not attach to any interest of the County or in any property owned by the County. ARTICLE XV GOVERNING LAW AND VENUE This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws provision. The Parties agree that any action arising out of this Agreement or with respect to the enforcement of this Agreement shall be venued in the Dakota County District Court, State of Minnesota. ARTICLE XVI INDEPENDENT CONTRACTOR The performance by the County and the City of all duties and obligations under this Agreement shall be as independent contractors and not as agents of the other Party, and no persons employed or utilized by a performing party shall be considered the employees or agents of the other. Neither Party shall have the authority to enter into any agreement purporting to bind the other without its specific written authorization. The Parties agree that this Agreement does not create a partnership between, or a joint venture of the County and the City. ARTICLE XVII MISCELLANEOUS Section 17.1 The headings of the Articles in this IRU are strictly for convenience and shall not in any way be construed as amplifying or limiting any of the terms, provisions or conditions of this IRU. Section 17.2 In construction of this IRU, words used in the singular shall include the plural and the plural, the singular, and "of is used in the inclusive sense, in all cases where such meanings would be appropriate. Section 17.3 If any provision of this IRU is found by any court of competent jurisdiction to be invalid or unenforceable, then the parties hereby waive such provision to the extent that it is found to be invalid or unenforceable and to the extent that to do so would not deprive one of the parties of the substantial benefit of its bargain. Such provision, to the extent allowable by law and the preceding sentence, shall not be voided or canceled, but instead will be modified by such court so that it becomes enforceable with all of the other terms of this IRU continuing in full force and effect. Section 17.4 This IRU may be amended only by a written instrument executed by all Parties. Section 17.5 No failure to exercise and no delay in exercising, on the part of either Party hereto, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by either Party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless and until agreed to in writing by both Parties. Section 17.6 In the event of a conflict between the provisions of this IRU and those of the Exhibits, the provisions of the Exhibits shall prevail and the IRU will be deemed corrected accordingly. Section 17.7 This IRU has been fully negotiated between and jointly drafted by the parties. Section 17.8 All actions, activities, consents, approvals and other undertakings of the parties in this IRU shall be performed in a reasonable and timely manner. Section 17.9 Unless expressly defined herein, words having well known technical or trade meanings shall be so construed. Section 17.10 This IRU is solely for the benefit of the parties hereto and their permitted successors and assigns. E ARTICLE XVIII ENTIRE AGREEMENT This Agreement, any Exhibits referenced and attached hereto or to be attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersede any and all prior negotiations, understandings and agreements with respect hereto, whether oral or written. IRU GRANTOR: CITY OF EAGAN By: Mike Maguire Its: Mayor Date: 1-2 Christina M. Scipioni Its: Clerk KS17-352 County -Eagan DEA Fiber IRU v3 10 IRU GRANTEE: COUNTY OF DAKOTA By: i AErickson Its: Operations, Budget &Management Division Director Date: 9—ZY—I Approved as to Form 9��117 Assistant County Attorney Date i1.1111.31 1 I&-,fO-Ad&.— o x 1 .r i e � 't � ( � -�.. -� -- � � rte- Exhibit B Description of Fiber Segment Details, Ownership and Use Segment 1 (1.2 miles) This segment consists of 2 dark strands of fiber running from AccessEagan Handhole #147 by Lemay Lake Substation to AccessEagan Handhole #204 by Yankee Doodle Substation. The City will own and maintain the fiber in Segment 1. The County will have use of the following 2 strands of fiber within the strand sheath: • Strands 28-29 of 288ct cable from Yankee Doodle Road & Denmark Ave. (Handhole #147) to Yankee Doodle Road & Lexington Avenue (Splice Point #2). • From Yankee Doodle Road & Lexington Avenue (Splice Point #2) to Wescott Woodlands & Doodle Road (Handhole #204). strands 135-136 of 144ct cable. Segment 2 (0.6 miles) This segment consists of 2 dark strands of fiber from Johnny Cake Ridge Road & Diffley Road Handhole to Fire Station #1 connection. The City will own and maintain the fiber in Segment 2. The County will have use of the following 2 strands of fiber: + Strands 7-8 of 12ct cable from Johnny Cake Ridge Road & Diffley Road Handhole to Fire Station 1 Handhole. Segment 3 (3.704 miles) This segment consists of 2 dark strands of fiber from the City Hall to the City of Eagan handhole located along West side of Pilot Knob Road at 164 feet South from the intersection of Pilot Knob Road and Wilderness Run Road + Strands 1 and. 2 of 6ct cable from the City Hall. Those strands are labeled as 1001 and 1002 on the patch panel in the City Hall Agenda Information Memo October 17, 2017 Eagan City Council Meeting NEW BUSINESS A. Appeal of Right-of-Way Permit Denial Action To Be Considered: Consider the appeal of an administrative denial of the application for right-of-way permit No. 18478 by Xcel Energy. Facts:  On July 31, 2017, the City Council approved an Ordinance Amendment granting a Natural Gas Franchise to Northern States Power Co. d/b/a Xcel Energy.  On August 23, 2017, a right-of-way permit application was submitted by Xcel Energy for the installation of a natural gas distribution line on the east side of Ames Crossing Road between Vikings Parkway and Shanahan Way. The understood desire of the permit application is for the purpose of supplying gas to 2900 Ames Crossing Road, the Prime Therapeutics site.  Eagan City Code 7.06 Public right-of-way regulations, Subdivision 5(C) states that “the City may deny a permit for any reasons: 7. The proposed project is adverse to the public health, safety and welfare, by interfering with the safety and convenience of ordinary travel or the public right- of-way, or endangers the public right-of-way and its users based on one or more of the following factors: a. The extent of public right-of-way available; b. The competing demands for the particular proposed are a space in the public right-of-way…”  On September 22, the Xcel Energy right-of-way permit application on Ames Crossing Road, south of Vikings Parkway, was administratively denied by the City for reasons addressing both the protection of public safety and t he current and future use of the public right-of-way.  Minnesota Energy Resources (MERC) currently has a natural gas distribution line on the west side of Ames Crossing Road from O’Neill Road to Lone Oak Road that is sufficient to supply natural gas to the Prime Therapeutics site, just as it presently serves MISO and the other properties adjacent to 2900 Ames Crossing Road.  The public right-of-way is a limited space for the benefit of the public. Public access to such right-of-way provides for ingress and egress for the adjacent property owners, as well as the transporting of goods to and from private property. The placement of utilities within the right-of-way places a hold on a four foot wide strip (two feet on either side of the installed utility line) of the right-of-way that is unavailable for any future use by other providers for the benefit of the public. Duplicative installations of utility product lines limit the opportunity for future installations for the transporting of new or upgraded utility products. The City has numerous existing right-of-way corridors where the space for utility lines within the right-of-way is already maximized. Any future installations on such alignments will require the utility provider to acquire easements, which is both expensive for the provider and limiting for the right -of-way authority if future expansion of the right-of-way is needed.  The City also has a public safety concern due to what would be a non -standard practice for there to be two gas mains installed within the same public right-of-way. The placement of two natural gas mains within the same public right-of-way is unexpected in Eagan and numerous locations throughout Dakota County. Utility contractors do not expect said situation, so there is a higher likelihood that one of the two gas mains may be damaged during any subsurface activity in the area.  There is no apparent need for Xcel Energy to install the segment of gas line referenced in the permit application for system operation purposes as it would be a dead end line. It appears the installation would be solely for the purpose of providing service to 2900 Ames Crossing Road/Prime Therapeutics.  In accordance with the franchise agreement between the City and Xcel Energy (Gas), “For these purposes, Company (Xcel Energy) may construct, operate, repair and maintain gas facilities in, on, over, under and across the public right of ways, subject to the provisions of this ordinance and the public right -of-way regulations as applicable to utility services as set forth in the City Code. The Company (Xcel Energy) may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the further provisions of this franchise agreement.” Attachments (5) NBA-1 Permit Denial NBA-2 Appeal Request, Xcel Energy NBA-3 Xcel Memorandum with Exhibits NBA-4 Eagan City Code 7.06 Public Right-Of-Way Regulations NBA-5 Director’s Reason for Denial City of Eagan September 22, 2017 Mike Maguire Mayor RE: Utility Right -of -Way Permit ID #18478, Xcel Energy Paul Bakken Dear Bill Lynaugh: Cyndee Fields Gary Hansen Xcel Energy has submitted a permit application to install a natural gas line within the east Meg Tilley side of Ames Crossing Road for the purpose of supplying gas to Prime Therapeutics. MERC currently has a natural gas distribution line on the west side of Council Members Ames Crossing Road from O'NeilI Road to Lone Oak Road that is sufficient to supply natural gas to Prime Therapeutics, just as it presently serves MZSO and the other Dave Osberg properties adjacent to the Prime Therapeutics site. City Administrator Eagan City Code § 7.06, subd. 5(C) states that "the City may deny a permit for any reasons: 7. The proposed project is adverse to the public health, safety and welfare, by interfering with the safety and convenience of ordinary Municipal Center travel or the public right of way, or endangers the public right-of-way and its users based on one or more of the following factors: 3830 Pilot Knob Road Eagan, MN 55122-1810 (a) the extent of public right-of-way available; 651.675.5000 phone (b) the competing demands for the particular proposed area 651.675.5012 tax space in the public right-of-way ... 651.454.8535 TDD The City has a public safety concern due to what would be a non-standard practice for there to be two gas mains installed within the same public right-of-way. The placement of two natural gas mains within the same public right-of-way is unexpected in Eagan and Maintenance Facility throughout Dakota County. Utility contractors do not expect said situation, so there is a 3501 Coachman Point higher likelihood that one of the two gas mains may be damaged during any subsurface Eagan, MN 55122 activity in the area. phone hone ph The public right-of-way is a limited space for the benefit of the public. Public access to 651.67300 fax such right-of-way provides for ingress and egress for the adjacent property owners, as 651.454.8535 TDD well as the transporting of goods to and from private property. The placement of utilities within the right-of-way places a hold on a four foot wide strip (two feet on either side of the installed utility line) of the right-of-way that is unavailable for any future use by other www.cityofeagan.com providers for the benefit of the public. Duplicative installations of utility product lines limit the opportunity for future installations for the transporting of new or upgraded utility products. The City has numerous existing right-of-way corridors where the space for utility lines within the right-of-way is already maximized. Any future installations on such alignments will require the utility provider to acquire easements, which is both expensive for the provider and limiting for the right-of-way authority if future expansion The Lone Oak Tree of the right-of-way is needed. The symbol of There is no apparent need for Xcel Energy to install this segment of gas line for system strength and growth operation purposes as it would be a dead end line, solely for the purpose of providing in our community. service to Prime Therapeutics. For the reasons stated above addressing both the protection of public safety and the current and future use of the public right-of-way, the Xcel Energy Gas right-of-way permit application on Ames Crossing Road, south of Vikings Parkway, is hereby denied. Please contact me with any questions. Sincerely, Russ Matthys, P.E. Director Public Works Department C: Dave Osberg, City Administrator Bob Bauer, City Attorney John Gorder, City Engineer Dave Westermayer, Engineering Technician Patrick Cline, Xcel Energy Jake Sedlacek, Xcel Energy 3000 Maxwell Avenue Newport, MN 55055 October 11, 2017 Mayor Mike Maguire City of Eagan 3830 Pilot Knob Road Eagan, MN 55112 Dear Mayor Maguire: Enclosed you will find our written comments to go along with our appeal of the decision for Right of Way Permit ID #18478 which is due for city council consideration Tuesday, October 17, 2017. While the attached document will outline our concerns with the permitting process, I want to take a moment to address public safety, which has been a frequent talking point in both the Vikings Lakes development and this current project. Public safety is a shared responsibility; we take an active role (as do our competitors) in reviewing gas industry standards. We have strong working relationships with the MN Office of Pipeline Safety and organizations that help educate the public on how to work safely in public rights of way. These efforts are paying dividends, right here in Eagan, there has been only one instance of damage to Xcel Energy gas facilities in the 2016 and 2017 calendar years. Our commitment to safety is not just applicable to our operations; we are pleased to be working with public safety departments in Eagan, Inver Grove Heights and Dakota County on a full scale disaster exercise later this year at our Wescott Gas Plant. If ever there is a questions about public safety in relation to our gas or electric facilities, do not hesitate to contact me. I hope the city council will thoughtfully consider granting our right of way permit to safely provide natural gas to the future Prime Therapeutics site, as outlined in Right of Way permit ID #18478. Sincerely, Jake Sedlacek Manager, Community Relations and Econ Dev. C. Dave Osberg Russ Matthys In Re City of Eagan Denial of Xcel Energy Right -of -Way Permit ID 18478, MEMORANDUM IN SUPPORT OF XCEL ENERGY APPEAL FROM PERMIT DENIAL INTRODUCTION This memorandum is submitted in support of Xcel Energy's appeal from the City of Eagan's September 22, 2017 denial of Xcel Energy's right-of-way permit application, Permit ID 18478. On August 23, 2017 Xcel Energy submitted a right-of-way permit application through City's on-line permit application portal to install a natural gas line along the east side of Ames Crossing Road (Ames Crossing Permit). The Ames Crossing Permit is necessary to supply natural gas to Prime Therapeutics' site pursuant to a supply agreement between the site developer and Xcel Energy. City's denial of Xcel Energy's Ames Crossing Permit is arbitrary and capricious and must be reversed because Xcel Energy's Ames Crossing Permit application complies with all applicable right-of-way statutes and City's right-of-way ordinance. Additionally, City's Ames Crossing Permit denial expressly favors an incumbent right-of-way user with competing facilities in Ames Crossing Road. Minnesota law prohibits municipalities from granting a preference to an existing right-of-way user. Minn. Stat. § 237.163, subd. 7. FACTUAL TIMELINE A. June 14, 2017. City approves dual gas mains in Vikings Parkway. City approve MERC gas main in 200 acre development for which Xcel Energy has a supply contract. The City approved dual Xcel Energy and MERC gas mains in Vikings Parkway and mirrors the alignment sought here. 85029b9v2 B. July 31, 2017. City grants Xcel Energy the right to distribute and sell gas within and through the City's territorial limits. Xcel Energy's gas facilities must be located on City right- of-way subject to Eagan's Right -of -Way Ordinance. (A) Grant of franchise. The City hereby grants Company, for a period of 20 years from the effective date this ordinance, the right to import, generate, distribute and sell gas for public and private use within and through the territorial limits of the City as its boundaries now exist or as they may be extended in the future. C. August 15, 2017. Xcel Energy and United Properties execute a Natural Gas Competitive Agreement for gas service at the Prime Therapeutics site. D. Auzust 23, 2017. Xcel Energy submits on-line permit application to install a gas line on the east side of Ames Crossing Road to provide service to the Prime Therapeutics site. The proposed gas line location meets all City right-of-way criteria — location in right-of-way, depth, mapping data and information, insurance requirements, Gopher One -Call registration, and local contact information and detailed description. The proposed right-of-way location is free from conflicts with current and known future uses. E. September 22, 2017. The Director denies Xcel Energy's Ames Crossing Road permit application citing Eagan City Code § 7.06, subd. 5(C) 7 (a) extent of public right-of-way available and (b) the competing demands for the particular proposed area space in the right- of-way. 'The Director states that there is no need for Xcel Energy's proposed Ames Crossing Road gas line because it is intended solely to serve Prime Therapeutics. F. September 26,201 . The Director sends an email to Prime Therapeutics' AVP Brian Holmes informing Holmes that City has denied Xcel Energy's permit application. In the email, the Director interferes with Xcel Energy's gas contract by discouraging Prime Therapeutics from continuing to pursue gas service with Xcel Energy ("I wanted to make you aware of the likely continued delay if Prime Therapeutics continues_ to pursue gas services from Xcel Energy".) The Director also disparaged Xcel Energy by accusing the company of pursuing business practice that is adverse to public safety and welfare ("Unfortunately, Xcel Energy has chosen to continue to pursue a business practice that is in conflict with what I 8502969W2 2 believe to be the best interest of the residential and comorate customers of our community, as well as adverse to general public safety and welfare".) (Emphasis added). G. September 26, 2017. Xcel Energy submits a written request to appeal City's permit denial to the City Council. H. October 3.201 7. Xcel Energy staff meet with Director to request Director reconsider the Ames Crossing Permit denial. Director clearly states there will be no reconsideration. LIST OF EXHIBITS A. Permit Application B. Route Map C. Permit Denial Letter D. Appeal Email E. Director Email to Prime Therapeutics RIGHT-OF-WAY STANDARDS Referenced portions of City ordinance and state right-of-way statues are listed below for the Council's convenience and reference. A. City Right -of Way Ord. & 7.06. Subd. 5 C. Issuance of permit. The City may deny a permit for the following reasons; 1. The applicant failed to fully comply with the application requirements herein. 2. The City has initiated revocation of a prior permit issued under this Section against the applicant. 3. The applicant has violated within the past two years any requirements of this Section. 8502969v2 3 4. The time schedule for the project will conflict or interfere with a community exhibition, celebration, festival or any other similar community event in the area of the project. 5. The time schedule for the project conflicts with scheduled public improvement of the public right-of-way. 6. The proposed project violates a provision of this Code. 7. The proposed project is adverse to the public health, safety and welfare, by interfering with the safety and convenience of ordinary travel over the public right-of-way, or endangers the public right-of-way and its users based on one or more of the following factors: (a) The extent of public right-of-way area available; (b) The competing, demands for the rarticular proposed area space in the public right-of- MLay; (c) The availability of other locations in the public right-of-way or in other public rights- of-way for the facility(s) or equipment of the permit applicant; (d) The applicability of an ordinance or other regulation that affect the location of a facility or equipment in the public right-of- way; (e) The applicant's prior compliance with the terms and conditions of its franchise, this Section and other applicable ordinances and regulations; (f) The condition and age of the public right-of- way and the City's scheduled reconstruction thereof; and (g) The costs of disruption to the public and damage to the public right-of-way balanced against any benefits to the public served by an expansion into additional parts of the public right-of-way for facilities or equipment. 8502969x2 4 Eagan City Code § 7.06, Subd. 5(C) (emphasis added). B. Minnesota Statute & 237.163. Subd 4(e) Permit denial or revocation. In no event may a local government unit reasonably withhold approval of an application for a right-of-way permit, or unreasonably revoke a permit. C. Minn. Stat. & 237.163. Subd. 7 Additional right-of-way provisions. (a) In managing the public right-of-way and in imposing fees under this section, no local government unit may: (1) unlawfully discriminate among telecommunications right - of -Kay users; (2)grant to any telecommunications right-of-way user; (3) create or erect any unreasonable requirement for entry to the public right-of-way by telecommunications right-of- wav users; Minn. Stat. § 237.163, Subd. 7 (emphasis added). ARGUMENT I. CITY IS BOUND BY ITS STATED REASONS FOR ITS DECISION Because reasonableness is measured by "the legal sufficiency of and factual basis for the reasons given" (Swanson v. City of Bloomington, 421 N.W.2d 307, 313 (Minn. 1988)), "[t]o facilitate judicial review, a [municipal] body must `have the reasons for its decision reduced to writing and in more than just a conclusory fashion."' In re Livingood, No. C2-98-262, 1998 WL 531759, at *4 (Minn. App. Aug. 25, 1998) (citing Honn v. City of Coon Rapids, 313 N.W.2d 409, 416 (Minn. 1981)), aff d 594 N.W.2d 889 (Minn. 1999); see also Minn. Stat. § 15.99, subd. 2(c). Accordingly, permit denials are to be reviewed based only on the stated reasons for denial. See In re Livingood, 594 N.W.2d at 894 n.3; Honn, 313 N.W.2d at 416; Trisko v. City of Waite 8502969v2 5 Park, 566 N.W.2d 349, 352 (Minn. App.), review denied (Minn. Sept. 25, 1997); NBZ Enters., Inc. v. City of Shakopee, 489 N.W.2d 531, 537 (Minn. App. 1992). And the stated reasons for denial must, in turn, be supported by substantial evidence in the record. See Trisko, 566 N.W.2d at 352. II. CITY IS REQUIRED TO ADDRESS ANY CONCERNS WITH REASONABLE CONDITIONS Minnesota case law requires that any concerns with a permit application must, where possible, be addressed by the hyiposition of reasonable conditions rather than denial, and the failure to do so renders the denial arbitrary as a matter of law. See, e.g., Minnetonka Congregation of Jehovah's Witnesses v. Svee, 303 Minn. 79, 85-86,266 N.W.2d 306, 309 (1975) (reversing CUP denial because "most importantly, there was no attempt made, either by the opponents or the council, to suggest or to impose conditions which would insure proper landscaping, setbacks, or ingress and egress"); Scott Cnty, Lumber Co. v. City of Shakopee, 417 N.W.2d 721, 727 (Minn. App.) (reversing the city council's decision for legally insufficient reasons where city planner recommended granting the permit with 20 conditions dealing with dust, noise, and traffic, and appellant agreed to take all action necessary to meet the conditions), review denied (Minn. Mar. 23, 1988); Trisko, 566 N.W.2d at 357 ("the city's failure to propose additional measures to control dust and vibration or to identify its specific concerns over these potential problems supports a conclusion that the city acted arbitrarily"); Veit USA, Inc. v. Sherburne County, No. A08-0581, 2009 WL 605722, at *4 (Minn. App. Mar. 10, 2009) ("Here, the county board did suggest conditions — 37 in all -that could be applied to the CUP had it been approved. Many of these suggested conditions were addressed in the board's findings denying the CUP. Approval of the CUP with the 37 conditions would have allowed the county's concerns to be fully addressed. Following Trisko, and because the county could have approved the CUP 8502969v2 6 with conditions, we find the denial unreasonable, arbitrary, and capricious"); duCharme v. Otter Tail County Bd. of Commis, No. A08-0529, 2009 WL 1851445, at *4 (Minn. App. June 30, 2009) ("The record indicates that, although the planning commission heard testimony about relators' mitigation efforts during the public hearings, the county board did not address the effect of these efforts or impose any other traffic and density mitigation requirements as conditions of granting the CUP"); Buberl Recycling & Compost, Inc. v. Chisago County Bd. of Commis, No. A08-1958, 2009 WL 2746231, at *5 (Minn. App. Sept. 1, 2009) ("The fact that the county apparently ignored conditions that could have brought the composting facility into compliance with zoning ordinances suggests that the denial of relator's CUP was arbitrary"); In re Stuckmayer, No. A09-30, 2009 WL 4910053, at *6 (Minn. App. Dec. 22, 2009) ("The board also ignored the proposed condition of planting a row of trees that was specifically designed to improve the aesthetics of Heiferstreak, further supporting relators' argument that the board's decision was arbitrary"). Consideration of reasonable alternatives is particularly necessary in considering right-of-way permit applications because Minn. Stat. § 237.163, Subd. 4(e) constrains municipal discretion by prohibiting preferring one right-of-way user over another. A. City's Ames Crossing Permit Denial is Arbitrary and Capricious. In City's September 22, 2017 letter to Xcel Energy Gas Designer Bill Lynaugh, City Public Works Director Russ Matthys (Director) cites Eagan City Code § 7.06, Subd, 5(C) (7)(a) - (b) as the sole grounds for denying Xcel Energy's permit application. First, the Director states that because MERC already has a line along the west side of Ames Crossing Road, installing a second gas line on the east side of the road raise a public safety concern because placing two gas lines within the same right-of-way would be a non-standard practice which would be unexpected in Eagan and throughout Dakota County. According to the Director, because utility contractors do not expect there to be two gas lines in the same right-of-way there is a higher likelihood that 8502969W2 7 one of the gas lines may be damaged during any subsurface construction in the right-of-way. Second, the Director states that future use by other providers could be limited by duplicative utility line installations in the right-of-way and there is no apparent need for Xcel Energy to install the sought after gas line in Ames Crossing Road because it would be installed solely for the purpose of providing service to Prime Therapeutics. The Director concludes "[fJor the reasons stated above addressing both the protection of public safety and the current and future use of the public right-of-way, the Xcel Energy Gas right-of-way permit application on Ames Crossing Road, south of Vikings Parkway, is hereby denied." City's permit denial contravenes City's right-of-way ordinance. Eagan City Code § 7.06, subd. 5(C) specifies the limited allowable basis under which City may deny a right-of-way permit application. The Director cites only two factors under § 7.06, subd. 5(C) 7(a) -(b) as the standards under which Xcel Energy's permit application was denied. 7. The proposed project is adverse to the public health, safety and welfare, by interfering with the safety and convenience of ordinary travel over the public right-of-way, or endangers the public right-of-way and its users based on one or more of the following factors: (a) The extent of public right-of-way area available; (b) The competing demands for the particular proposed area space in the public right-of-way ..." B. No interference with the safety and convenience of ordinary travel. The Director asserts that the installation of two gas lines in a single right-of-way presents a "public safety concern" because (1) it is a non-standard practice for there to be two gas mains installed within the same public right-of-way; (2) the placement of two natural gas mains within the same public right-of-way is unexpected in Eagan and throughout Dakota County; and, (3) 8502969x2 8 because utility contractors do not expect multiple gas lines in a single right-of-way, there is a higher likelihood that one of the two gas mains may be damaged during any subsurface activity in the area. None of the three basis the Director cites in denying Xcel Energy' Ames Crossing Permit are factors listed in Cities right-of-way ordinance as grounds for denying a right-of-way permit with any record support. First, there is no federal, state, or local law or regulation prohibiting installation of two gas lines in a single right-of-way as a non-standard practice. None. There is no established standard practice allowing only a single gas line in a right-of-way. Second, the Director's statement that placement of two gas mains within the same right- of-way is unexpected in Eagan or Dakota County lacks M record support. Minnesota law does not assign service territories for natural gas utilities; instead allowing for price competition and customer choice. For example, Eagan itself selected Xcel Energy as the gas supplier for the Eagan Community Center, a choice which required Xcel Energy install natural gas lines in rights-of-way in which MERC had existing facilities. And earlier this year City approve Xcel Energy and MERC gas mains in Vikings Parkway. These gas mains share the right-of-way that bisects a 200 acre parcel for which Xcel Energy has a gas service contract. Thus City recently approved multiple gas mains in a nearby right-of-way with gas service and construction essentially the same as here. Nor is the installation of multiple competing gas mains unexpected in Dakota County. Gas service in Rosemont is highly competitive with Xcel Energy and MERC sharing multiple rights-of-way. Hastings too has a highly competitive gas market with Xcel Energy and CenterPoint sharing rights-of-way without incident. Rights-of-way with multiple utilities is common practice in Minnesota, including Dakota County. 8502969x2 9 Third, the Director's argument that because utility contractors do not expect multiple gas lines in the same right-of-way there is a higher likelihood of damage to one of the lines during any underground construction is abnegated by the Gopher One -Call statute. All contractors must call for locates prior to initiating underground construction in any right-of-way anywhere in the state — including in Eagan. On its right-of-way user portal Eagan expressly mandates that contractors call for utility locates prior to digging. Under the Gopher One -Call protocol, all utilities within a right-of-way must be marked. Because Gopher One -Call assures that gas lines will be marked prior to underground construction, whether there are one or two gas lines in a right-of-way, there is no greater likelihood of a utility strike based on multiple gas lines in a right-of-way. C. No Effect on Current or Known Future Use of the Richt-of-Way. The Director also claims that he denied the Ames Crossing Permit in order to protect the current and future use of the right-of-way. In determining whether to grant or deny a right-of- way permit, City may consider (1) the extent or right-of-way available and (2) the competing demands for a particular proposed area within the right-of-way. Eagan City Code § 7.06, subd. 5(C) and 7 (a) and (b). Applying these factors, City denied Xcel Energy's Ames Crossing Permit because (1) duplicative installations of utility product lines limit the future use by other providers for the benefit of the public and (2) there is no need for Xcel Energy to install the gas line in Ames Crossing Road because it is a dead end line solely for the purpose of serving Prime Therapeutics. Xcel Energy proposed installation of its gas line on the east side of Ames Crossing Road. There are no competing utility facilities currently in this space. The only other underground gas line in the Ames Crossing Road right-of-way is MERC's gas line along the west edge of the right-of-way. Xcel Energy's proposed gas line would not exhaust right-of-way space on the east 8502969W2 10 side of Ames Crossing Road. Utility space within Ames Crossing Road is not congested. And City identifies no future right-of-way affected by Xcel Energy's proposed gas line location. There is no known or planned future use, whether for electric, fiber, or telecommunications, of the east Ames Crossing Road right-of-way affected by Xcel Energy's proposed gas line. D. Need for Installation. City states that there is no need for Xcel Energy to install the proposed gas line segment on Ames Crossing Road because it would be solely for the purpose of serving Prime Therapeutics. The segment is necessary, however, precisely because it is needed to serve Prime Therapeutics. City granted Xcel Energy the franchise right to serve customers anywhere within City limits. Eagan City Code, Ord. No. 563 § II.(A). Xcel Energy has a contract with the developer of the Prime Therapeutics site to provide gas service. There is no other right-of-way route, other than Ames Crossing Road, for Xcel Energy to exercise its franchise right to provide gas service to Prime Therapeutics. E. Ames Crossing Permit Denial Impermissibly Favors Incumbent Right -of - Way User. City's permit denial also violates Minnesota right-of-way statute § 237.163, subd. 7 which prohibits municipalities from (1) discriminating among right-of-way users, (2) granting a preference to any right-of-way user, or (3) erecting any unreasonable requirement for entry to the right-of-way by right-of-way users. Minn. Stat. § 237.163, subd. 7(a) (2106). City's decision effectively discriminates against Xcel Energy by granting a preference to MERG, which installed a gas line on the west side of Ames Crossing Road only last year. Favoring an existing utility in the right-of-way over a competitor violates the statutory prohibition on granting preference to a right-of-way user. But the Director's discriminatory intent need not be inferred from the permit denial alone as he directly criticized Xcel Energy to a 8502969x2 11 customer. On September 26, 2017 the Director sent an email to Prime Therapeutics AVP Brian Holmes in which he criticized Xcel Energy and sought to interfere with Xcel Energy's competitive natural gas agreement for the Prime Therapeutics site. The Director wrote "[n]ot knowing the schedule for having natural gas to the office building pads, I wanted to make you aware of the likely continued delay if Prime Therapeutics continues to pursue gas services from Xcel Energy." (emphasis added). The Director continued: "Unfortunately, Xcel Energy has chosen to continue to pursue a business practice that is in conflict with what I believe to be the best interest of the residential and corporate customers of our community, as well as adverse to the general public safety and welfare." (Emphasis added). Xcel Energy strives at all times to be a good corporate citizen and energy supplier in Eagan, and while the genesis of the Director's apparent animus toward Xcel energy is unknown to the company, such interference with customer relationships should not be condoned by the Council. CONCLUSION The requested permit is necessary for Xcel Energy to fulfill its franchise right to provide service, and choice, to customers in Eagan. Dual gas lines in certain rights-of-way are a necessary result of choice in utility service as demonstrated by City's prior approval of dual gas mains in Vikings Parkway. Xcel Energy's Ames Crossing Permit application meets all City right-of-way factors in safely and effectively providing Eagan customers choice in gas service providers. The Director's stated concern that multiple gas lines in a right-of-way adversely interferes with safety and convenience of travel in the right-of-way is not supported under Minnesota's Gopher One -Call statute or under the record. Likewise, the Director's assertion that an Xcel Energy gas line adversely affects current and future use of the right-of-way is without record support. There is space available in the Ames Crossing Road right -of --way. There are no 8502969v2 12 known current or future right-of-way uses affected by the Ames Crossing Permit location. Xcel Energy respectfully requests City Council reverse City's denial of its Ames Crossing Permit. Dated: October Li_, 2017 BRIGGS AND MORGAN, P.A. Thomas J. Ba g, Jr. (#283 2200 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2157 Telephone: (612) 977-8400 Fax: (612) 977-8650 Email: tbasting@briggs.com ATTORNEYS FOR XCEL ENERGY 8502969x2 13 Ak04.10.1ic bel ,,..,..,alP - a C- 1224 toben so Go Dgle Surch Q,, i Sl cp Pue.k.,,y V-64 s- ff)R.W,,%WaWh%Cydi.— 13SqgeA.dSh— 2eXK-#rTWYA— ),PC..9bM,. QPJpMvDau— [ane Stop Roadway Permit Shop Rewm!a WorkPlacs Pape Apoe VA16 MY of Ewa tfEXHIBIT A M W% , Ittp ,.ar:, t=�nddwta.rwws n—q'pp:. }t'..p ,. ,d .. .c..7.p Updatthmmaapepermald lEF� 24 mbertst• Goo91[ Stt,0 � One54op Readri/pamkA..'< _. :0Edit 1, is c,. as T -'s QRunnJ.XW.IM.Sc Ca+dhn.. rjSuggtAtd Sit. XpreuMT 11r.hw &V9ooplekups 0 L4~10mjI p hv- s.tettr. Toob- qcp One Stop Roadway Permit Shop 1 PerPtlt4ptNu: AppNewt Intorawdon Oi I lynen3ih Xet4 Enmryy -- 30OO61 AaIlAvorwa (SSI 884453 {659 X3284358 NQWW , MIN 65055 ovallevwi ww-lyma �h�ecelenergycv Rattan to NtorkPlace Return to Search PAymwnt lnlormetkn _____,-knpr a uirl; ,_�-y s`Y.-=^•N_oL;yldarc+t`_ Fes Dw 820 00 Arnaud Paid 10.00 pnYmerd in h d Billed Client payexn4 Rtti,wm61iu Billed Client pornh Inf.,M. tan �., PAMN Id Pa . ATyy:e lllility Right of Way Permit — ---- -- PanOlAppikalionOats: 81232017 -`. City �If ii ti➢ LFaTilm-Date11111412017 c^I F AV FarmA Ilea uIJW.y'Ty1Rn Icks 1 Road Nam IANES CROSSING �., er alM1Fj18ffaaa RFetlhlg at -A, tinyn lb ten +72G':riSGT Iniad frrmn EWimtare Or RMIV �VARIE5 tax 6 ko n, tamer linaj Neaaaatarc�abeW. 4SHANAHAN WAY f%Jj-;IIG"4:+'s In Nl±h qr Lily(✓iS)M EARAN .. telex W*0 Wage 4000 -771 Stan Oak. EXHIBITaFWP'7 !i ', 1224 bt v �—O �e O-Staptoad*q P—h S... A yah" 4wnjl.ma" 0 mop myviftm Li 1"0' Sifity. Teas. 4M0% - IOW M ---t rootage L03 SIM DOO Cempx Date Consimcd.. lOmpade Now Dw.to Mot? tbftk!m yes, law blank fm ne New Consbaction? check I. yes, leave blank fm no d4r�mrlliaar,o--x,117 C7 chkik bf yes, -*am blank far no Win? check IN Y-' I -M blank JIM - RM 'MOUNT Garms Drop? Ll cM& for yes, loam blank for m C] check Ix M, I— blank to, m minknurn hftht of conductor �' (fast) at Cro¢eirP M, I -my UndengrocanJI ConstrucCon CondsitCl CaltWg t7 Si. Depth Mothod at Iffitellabon Lindw Rmdwwp (I —IT ISELF com3mny Nam Crdect"ame F-1 -C-197 Adelrses ------------ T11 5 Ll w- cl. I Avenue tact' Male Fe.pwk I Phone Ruinber (651)456.4453 011nr 551 3284368 EXHIBIT A Li 1"0' Sifity. Teas. 4M0% - M--ftw—%cv-- 05-99--d— V-)YWJOWV0 L"C'W&MON OMOPMY(xAanm Rlk7r ��-j FAI-14-E --19—y -- -- CMIOWFY NWQNa-^� F -A �--Jh CmnnerAddrew 31W, Mwv6Amva A Addesa 1360 ------------- city sk;& uamalladon Pim ON i mom Nwhu Fier mw R501a - 53 i I - .1 cow joslaUtion.pJan allachmeni [SILL LYNAUGH C51 324 4M Owner Infomw1on fl Omnar Company FAI-14-E --19—y -- -- OmwConlactNam F -A �--Jh CmnnerAddrew 31W, Mwv6Amva A �lie,&Po,1 MN EWES v Owner Telephone Number F&b 14 6',4 z 6's uamalladon Pim *mlwion &20nenk - anh,"'M Mw&~Dekle Allathnmnt joslaUtion.pJan allachmeni Approval Seddon PainnilApproved fl Issue Date CAver ReqLWrsOIs. Dato of Cloacae. hmta CRY conlact Cit, Email: Vrc,da3a PerreiI EXHIBIT A FrV— —dr - 6"EFCWv DESIGN SKETCH:,w AMES CROSSING: 3,000F'OF� E SHANAHAN WAY: 1,000 PE 4" END CAP, RIB MR -MR, EXHIBIT A —Ixceiamwgy- CONSTRUCTION USE ONLY Li C) —"R MME T�. WADER -- msitc •—�—, -A,-et r -t a ksl..�c , 1•�V ►�� � it p CIO /> I �, EX148iT B INS L C�m merar (444 "1 ExhisrT H k ft 14 EXHIBIT 9 'City of Eapn 100IM11:11M September 22, 2017 Mike Maguire Mayor RE: Utility Right -of -Way Permit 1D #18478, Xcel Energy Paul Bakken Dear Bill Lynaugh: Cyndee Fields Gary Hansen Xcel Energy has submitted a permit application to install a natural gas line within the east Meg Tilley side of Ames Crossing Road for the purpose of supplying gas to Prime Therapeutics. MERC currently has a natural gas distribution line on the west side of Council Members Ames Crossing Road from O'Neill Road to Lone Oak Road that is sufficient to supply natural gas to Prime Therapeutics, just as it presently serves MISO and the other Dave Osberg properties adjacent to the Prime Therapeutics site. City Administrator Eagan City Code § 7.06, subd. 5(C) states that "the City may deny a permit for any reasons: 7. The proposed project is adverse to the public health, safety and welfare, by interfering with the safety and convenience of ordinary Municipal Center travel or the public right of way, or endangers the public right-of-way 3830 Pilot Knob Road and its users based on one or more of the following factors: Eagan, MN 55122-1810 (a) the extent of public right-of-way available; 651.675.5000 phone (b) the competing demands for the particular proposed area 651.675.5012 fax space in the public right-of-way ... 651.454.8535 TDD The City has a public safety concern due to what would be a non-standard practice for there to be two gas mains installed within the same public right-of-way. The placement of two natural gas mains within the same public right-of-way is unexpected in Eagan and Maintenance Facility throughout Dakota County. Utility contractors do not expect said situation, so there is a 3501 Coachman Point higher likelihood that one of the two gas mains may be damaged during any subsurface Eagan, MN 55122 activity in the area. 651.675.5300 phone p0 The public right-of-way is a limited space for the benefit of the public. Public access to 651.65300 fax such right-of-way provides for ingress and egress for the adjacent property owners, as 651.454.8535 TDD well as the transporting of goods to and from private property. The placement of utilities within the right-of-way places a hold on a four foot wide strip (two feet on either side of the installed utility line) of the right-of-way that is unavailable for any future use by other www.cityofeagan.com providers for the benefit of the public. Duplicative installations of utility product lines limit the opportunity for future installations for the transporting of new or upgraded utility products. The City has numerous existing right-of-way corridors where the space for utility lines within the right-of-way is already maximized. Any future installations on such alignments will require the utility provider to acquire easements, which is both expensive for the provider and limiting for the right-of-way authority if future expansion The Ione Oak Tree of the right-of-way is needed. The symbol of There is no apparent need for Xcel Energy to install this segment of gas line for system strength and growth operation purposes as it would be a dead end line, solely for the purpose of providing in our community. service to Prime Therapeutics. 100IM11:11M For the reasons stated above addressing both the protection of public safety and the current and future use of the public right-of-way, the Xcel Energy Gas right-of-way permit application on Ames Crossing Road, south of Vikings Parkway, is hereby denied. Please contact me with any questions. Sincerely, Russ Matthys, P.E. Director Public Works Department C: Dave Osberg, City Administrator Bob Bauer, City Attorney John Gorder, City Engineer Dave Westermayer, Engineering Technician Patrick Cline, Xcel Energy Jake Sedlacek, Xcel Energy EXHIBIT C From: Sedlacek, Jake Sent: Tuesday, September 26, 2017 9:07 AM To: Russ Matthys Subject: RE: Utility ROW Permit ID #18478, Xcel Energy Russ: thank you for the detailed response to our right of way permit request. We'd like to get the wheels rolling on whatever type of request for appeal there may be in regards to right of way permits. To this end, would it be possible to set up a meeting this week with you and the city attorney to answer questions our legal staff on the key points of the city's denial? From our side, it would be myself and a single attorney, we can be fairly flexible on timing, please throw out a couple dates times that would work on your end. Thanks, Jake. Jake Sedlacek Xcel Energy I Responsible By Nature Manager, Community Relations and Economic Development 3000 Maxwell Avenue Newport, MN 55055 P: 651.458.1228 C: 651.214.2623 F: 612.329.2991 E: lake.g@4111cek@aelepergy.com XCELENERGY.COM Please consider the environment before printing this email. From: Micki Welcher [, leleherQcitvofeaaan.0M1 Sent: Monday, September 25, 2017 1:55 PM To: Dave Osberg; Robert (Bob) Bauer; John Gorder; Dave Westermayer; Sedlacek, Jake; 'Patrick.Cline@xcelenergy.com' Subject: Utility ROW Permit ID #18478, Xcel Energy XCEL ENERGY SECURITY NOTICE: This email orlainated from an external sender. Exercise caution before clicking on any links or attachments and consider whether you know the sender. For more information please visit the Phishing page on XpressNET. Good Afternoon, Attached is a copy of Right -of -Way Permit ID #18478 that is being mailed today. Thank you, Micki Micki Welcher I Clerical Technician I City of Eagan _ City Hall 13830 Pilot Knob Road I Eagan, MN 551221 (651) 675-56381 (651) 675- • ttir n1f 5694 (Fax) erc� rJbMfeaaa nrm1chn&999 Ili of Lagan THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. EXHIBIT D Sec. 7.06. - Public right-of-way regulations. Subd. 1. Application and scope. This section shall apply exclusively to excavations and obstructions within public rights-of-way by any person who owns or controls, or intends to own or control, any utility service facility therein. All other excavations or obstructions are regulated elsewhere in this Code. Subd. 2. Definitions. The following words, terms and phrases, as used herein, shall have the following meanings: Abandoned facility means: (1) a facility no longer in service or physically disconnected from any other facility that is in use or still carries service; and that is deemed abandoned by the owner of the facility. Applicant means any public right-of-way user required to obtain a permit under this section. City means City of Eagan, Minnesota. City management costs means the actual costs incurred by the city for public rights-of-way management, including, but not limited to, costs incurred in connection with the registration process, the excavation or obstruction permit process, the inspection of project work and restoration and enforcement and correction of non-complying project work, mapping of public right-of-way users and maintenance and regulation of public right-of-ways occupied by public right- of-way users. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation cost subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation fee means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Director means the City of Eagan Director of Public Works and his/her designee. Emergency means a condition that (1) immediately endangers the life or safety of persons; (2) cause an immediate threat of significant loss or injury to property; or (3) requires immediate repair or replacement in order to restore service to customers. Equipment means any thing tangible used to install, repair or maintain facilities in any public right- of-way. Excavate or excavation means to dig into or in any way remove or physically disturb or penetrate any public right-of-way ground surface, or any portion thereof. Excavation permit means a permit which is issued by the City authorizing the permittee to excavate in a public right-of-way as specifically described in the permit. Facility or facilities means anything tangible, including equipment, which is required to provide utility services. Hole means an excavation having a length that is equal to or less than the width of the public right- of-way for the section of the roadway where the work is occurring. Local representative means a person or designee of such person authorized by a public right-of-way user to accept service and to act and make decisions regarding matters within the scope of this Section on behalf of the public right-of-way user. Obstruct or obstruction means to place or the placement of any object in a public right-of-way, or to remove or the removal of an existing structure, or any portion thereof, from a public right-of-way, for an aggregate period of eight (8) hours or more. Obstruction permit means a permit which is issued by the City authorizing the permittee to obstruct a public right-of-way as specifically described in the permit. Patch or patching means a method of roadway surface replacement or restoration that consists of: (1) the compaction of the sub-base and aggregate base; and (2) the replacement, in kind, of the existing roadway surface for a minimum of two (2) feet beyond the edges of the excavation in all directions. Permittee means a person to whom a excavation or obstruction permit has been issued by the City under this Section. Person means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Project or project work means any activity, including construction, reconstruction, installation, maintenance, relocation, or replacement of any facility or a public right-of-way in which the facility is located and restoration of the public right-of-way that is regulated under this Section. Public right-of-way or public rights-of-way means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to the City for general public use, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining utility service facilities No reference herein to a "public right-of-way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining utility service facilities. Public right-of-way user means any person or entity which owns or controls a facility that is located, or is sought or intended to be located, in a public right-of-way including persons who have installation and maintenance responsibilities by contract, lease, sublease or assignment. Restore or restoration means the process, including patching, by which a public right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before any project work. Restoration cost means the amount of money paid to the City by a permittee to meet restoration requirements in accordance with plates 1 to 13 of the PUC rules. Trench means an excavation in the roadway surface having a length that is equal to or in excess of the width of the roadway or sections of roadway where the work is occurring. Utility service means services provided by: (1) a public utility as defined in Minnesota Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services; (3) a corporation organized for the purposes set forth in Minnesota Statutes; (4) a district heating or cooling system; or (5) a cable communication systems as defined in Minnesota Statutes. Subd. 3. Franchises. The City may, in addition to the requirements of this Section, require any public utility or cable operator who has or seeks to have facilities or equipment located in any public right- of-way to obtain a franchise. Subd. 4. Registration requirement. A. Registration. As of the effective date of this Section, any public right-of-way user, which owns or controls a facility within any public right-of-way, or any portion thereof, shall register with the City. Registration shall be deemed completed upon the public right-of-way user submitting to the City a completed registration form furnished by the City and paying the registration fee. A right-of-way user is required to update its registration within 60 days of any change of the information contained in a current registration statement. B. Transfer of ownership or interest. Whenever any public right-of-way user transfers, sells, assigns or otherwise conveys ownership or interest in facilities or equipment to another person, the registered public right-of-way user shall notify the City of the date of the conveyance and the name of the transferee within 30 days of the conveyance. Subd. 5. Permit requirement. A. Permit required. Except as otherwise provided in this Code, no person or public right-of-way user may obstruct or excavate any public right-of-way without first having obtained the appropriate permit from the City unless another reporting process is approved by the Director or his/her designee. An excavation permit is required for any excavation. An obstruction permit is required for any obstruction in connection with the installation, relocation, operation or maintenance of a utility service. Any public right-of-way user, which owns or controls a facility within any public right-of-way, or any portion thereof, on the effective date of this Section, that subsequently excavates or otherwise obstructs any public right-of-way, or any portion thereof, shall first obtain a permit therefor as required under this Section. B. Permit applications. 1. An application for a permit shall be on a form furnished by the City and completed and submitted to the City with the following information: a. The applicant's name; Gopher One-Call registration certificate number; address; e- mail address; telephone number; and facsimile number. b. The local representative's name; address; e-mail address; telephone number; facsimile number; and current information regarding how to contact the local representative in an emergency. c. The name, address and telephone number of the person(s) or entities, other than the applicant, to perform the project work or any portion thereof. d. A certificate of insurance or self-insurance verifying the coverage as required in this Section. e. All mapping data and information in form and substance as required in this Section, except a registrant who is not applying for an excavation or obstruction permit need not provide this information. f. A detailed description and drawing to a scale as required by the City of the proposed project and project work, including identification of the obstructions to be placed, the size and depth of any excavation, the schedule for commencement and completion of the proposed project, and the location and size of any trees impacted in the designated work area. C. Issuance of permit. The City may deny a permit for the following reasons; 1. The applicant failed to fully comply with the application requirements herein. 2. The City has initiated revocation of a prior permit issued under this Section against the applicant. 3. The applicant has violated within the past two years any requirements of this Section. 4. The time schedule for the project will conflict or interfere with a community exhibition, celebration, festival or any other similar community event in the area of the project. 5. The time schedule for the project conflicts with scheduled public improvement of the public right-of-way. 6. The proposed project violates a provision of this Code. 7. The proposed project is adverse to the public health, safety and welfare, by interfering with the safety and convenience of ordinary travel over the public right-of-way, or endangers the public right-of-way and its users based on one or more of the following factors: (a) The extent of public right-of-way area available; (b) The competing demands for the particular proposed area space in the public right- of-way; (c) The availability of other locations in the public right-of-way or in other public rights- of-way for the facility(s) or equipment of the permit applicant; (d) The applicability of an ordinance or other regulation that affect the location of a facility or equipment in the public right-of-way; (e) The applicant's prior compliance with the terms and conditions of its franchise, this Section and other applicable ordinances and regulations; (f) The condition and age of the public right-of-way and the City's scheduled reconstruction thereof; and (g) The costs of disruption to the public and damage to the public right-of-way balanced against any benefits to the public served by an expansion into additional parts of the public right-of-way for facilities or equipment. Subd. 6. Conditions of permit and registration. All permits issued and all registrations made under this Section shall be subject to the following requirements: A. All permits issued under this Section or a copy of the permit shall be conspicuously displayed or otherwise available at all times at the indicated project work site and shall be available for inspection immediately upon request by the director or his/her designee. B. If the obstruction or excavation of the public right-of-way begins later or ends sooner than the dates specified in the permit, the permittee shall promptly notify the director. C. Installation, placement, location, and relocation of equipment and facilities shall comply with all federal, state and local laws. D. Public right-of-way restoration shall be in accordance with the restoration regulations set forth in this Section. E. Installation of all underground utilities shall be in accordance with the underground utilities regulations set forth in this Section and all other applicable federal, state and local laws. F. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary conditions and a permittee shall not obstruct a public right-of-way, except as expressly authorized by the permit, so as to hinder the natural free and clear passage of water through the gutters or other waterways. Personal vehicles of those doing work in the public right-of-way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. G. Project operations and work shall be conducted in a manner so as to insure the least obstruction to and interference with present and continued use of the public right-of-way. H. Precautions shall be taken to assure the safety of the general public, employees, invitees and those who require access to abutting property, including appropriate signage. I. The permittee shall notify abutting property owners with a 48-hour written notice prior to commencement of any project work that may disrupt the use of and access to the abutting property. J. The permittee involved in underground projects shall register with Gopher State One Call and comply with the requirements thereof. K. The permittee shall comply with the Uniform Traffic Manual for Traffic Control at all times during any project work and shall protect and identify excavations and work operations with barricade flags in the daylight hours and by warning lights at dusk and night. L. The permittee shall comply with all conditions of the permit. M. When any trail or drive has been cut, the appropriate signage must be kept in place and maintained until restoration is complete. N. The permittee shall provide proper trench protection as required by O.S.H.A. to prevent any cave-in; injury to property or persons; or enlargement of the excavation. O. Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits shall be protected to prevent surface drainage. P. The permittee shall protect the root growth of significant trees and shrubbery located within the public right-of-way and adjacent thereto. Q. The permittee shall coordinate project work and installation of facilities in co-locations involving other public right-of-way users. R. The permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access. S. The permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a Minnesota-licensed surveyor, any property corners or monuments disturbed as a result of the project. T. The permittee shall complete restoration of the public right-of-way in conformance with this Section. U. No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel tracks) on any roadway surfaces. V. The permittee shall remove daily all dirt or debris from sidewalks, trails, public and private roadway surfaces and curbs and gutters during project work. W. The permittee shall obtain all other necessary permits, licenses and approvals, pay all required fees therefore and comply with all requirements of local, state and federal laws. X. The permittee shall not do any work outside the project area as specified in the permit. Subd. 7. County or state right-of-ways. Any public right-of-way user who is required to obtain any county or state permit for excavation or obstruction in any Dakota County or Minnesota Department of Transportation right-of-way must provide notification of permitting to the City within one week of obtaining the permit but no less than 48 hours before the excavation would begin. Subd. 8. Installation of underground facilities within public right-of-ways. The permittee shall comply with the following requirements when installing underground facilities: A. Underground facilities shall, where reasonably possible, be installed outside the paved or surface area. If unable to install outside the surfaced area, the installation shall be as close to the edge of the roadway surface as possible to allow access thereto without unnecessarily disturbing paved areas of the roadway; B. Public right-of-way alignment and grade shall be maintained; C. Fiber facilities shall be buried in a proper conduit and at a depth of no less than three feet deep and no more than four feet; copper facilities below concrete or bituminous paved roadway surfaces shall be buried no less than three feet deep and no more than four feet deep, and all other copper facilities shall be buried no less than 30 inches deep and no more than four feet deep; D. All underground facilities which cross streets or hard surfaced driveways shall be bored and installed in conduit when requested by the City. Gas does not need to be installed in conduit. E. When required, the permittee shall excavate an observation hole over a City utility to ensure that a City utility is not damaged; F. If the project work involves an open cut, the permittee shall install visual tracers 12 inches over buried facilities. If other construction methods are used, substitute location methods may be used upon approval by the City; G. During plowing or trenching of facilities, a warning tape shall be placed at a depth of 12 inches above copper cables with over 200 pairs and fiber facilities and a locating wire or conductive shield shall be installed above buried telecommunication facilities, except for di- electric cables. H. Restoration of areas disturbed by facilities will include returning the right-of-way to the same condition that existed before excavation as per MN Rules 7819.1100 Subject to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate maximum limits of restoration methods and area requirements the local government unit can impose when a right-of-way user excavates in the public right-of-way. The local government unit and right-of-way user may agree to a lesser requirement. The right-of-way user is responsible for all of its work done in the public right-of-way, whether by employees, agents, or independent contractors. All levels of restoration include compaction of the materials placed in the excavation of the sub-grade and aggregate base, plus pavement replacement, in kind. If required by the local government unit, all work must be performed according to the local government unit's specifications and drawings. I. All facilities shall be located so as to not interfere with existing and potential future traffic signals and signs; J. Unless approved by the City, all above ground appurtenances shall be located no closer than ten feet to City hydrants, waterline valves, manholes, lift stations, catch basins; not in front of or within visual sight lines of any City sign, monument or amenity for facilities or parks; and no closer than two feet from sidewalks and trails; K. Underground facilities shall not be installed between a hydrant and an auxiliary valve; L. Where utility easements exist beyond the roadway surface area of the public right-of-way and space is available therein, underground facilities shall not be installed within five feet of hydrants, waterline valves, lift stations, manholes or catch basins. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three feet to an existing City utility appurtenance, unless approved by the City. M. The location and installation of telecommunications facilities shall comply with the National Electric Safety Code, as incorporated by reference in Minnesota Statutes. Subd. 9. Supplement permit or permit extension. A. Limitation on area. No permittee shall obstruct or excavate an area greater than that specified in the permit without first obtaining a new permit or permit extension therefor by the City. B. Limitation on dates. No permittee shall begin its work before the permit start date or, except as provided herein, continue working after the completion date. Subd. 10. Revocation of permits. A. Grounds for revocation. The City may revoke a permit issued hereunder on the following grounds: 1. A material provision or condition of the permit or City Code was substantially breached. 2. A material misrepresentation in the application for a permit. 3. The permittee failed to maintain the required bonds or other security and insurance. 4. The permittee failed to complete the project work within the time specified in the permit unless the failure to complete work is due to reasons beyond the permittee's control. 5. The permittee failed in a timely manner to correct work that does not conform to applicable standards, conditions, federal, state or local laws. 6. An evasion or attempt to evade any material provision of the public right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City. B. Notice of revocation. If the director determines that grounds for revocation exists, the director shall provide written notice to the permittee. If the permittee's violation is related to non-complying project work, the director shall notify the permittee of the actions necessary to remedy such violation within a reasonable period of time or be subject to potential revocation of the permit. The director may impose additional or revised conditions on the permit to mitigate or remedy the violation. C. Right to hearing by City Council. In the event that the permittee fails to remedy the violation for which the Director gave the permittee notice, a revocation of permit hearing shall be held before the City Council at the immediately next City Council meeting. The purpose for the hearing shall be to determine whether any of the grounds for revocation as set forth herein exist against the permittee. No suspension or revocation shall take effect, until the permittee has been afforded a hearing as provided in this subparagraph. Such hearing shall be set by the City Council upon written notice to the permittee served by U.S. Mail not less than 15 days prior to the hearing date, specifically stating the date, time and purpose thereof. D. Revocation costs. If a permit is revoked, the permittee shall reimburse the City for its reasonable costs (including restoration costs) incurred in connection with the revocation. Subd. 11. Permit fees. All permit fees shall be submitted to the City with the application. Permit fees shall be set to recover the City management costs and, where applicable, restoration costs. The permit fees shall be established by City Council resolution. No permit fee shall be refundable. No permit fees shall be required for any obstruction or excavation permit issued to the City, although the City shall be allocated its full portion of the City management costs in calculating the permit fees. Except where an extension permit has been granted, the permittee shall, as a delay penalty, be required to obtain a new permit and pay the associated fee for failure to complete the project work under the initial permit within the required time period. Applicants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. There shall be a single permit and permit fee for joint excavation and obstruction permit applications. Applicants must agree among themselves as to the portion each will pay and indicate the same on the application. Subd. 12. Public right-of-way restoration. A. Timing. All project work under a permit shall be completed within the dates specified in the permit, unless the project work could not be completed due to circumstances beyond permittee's control, including seasonal weather prohibitions or inclement weather. B. Restoration costs. The permittee shall restore the public right-of-way and assume all costs therefor unless otherwise agreed upon. The right-of-way user shall remain responsible for replacing and compacting the sub-grade and aggregate base material in the excavation. The City, at its option, may choose to perform it's own restoration including any paving. If the City performs the restoration pursuant to this paragraph, the permittee shall pay to the City all costs thereof within 30 days of billing. If following such restoration, the roadway surface, boulevard, sidewalk, curb or related infrastructure settles due to permittee's improper back-filling; the permittee shall, at its option either correct the defect or pay to the City all costs associated with correcting the defective work within 30 days of billing. If the permittee restores the public right- of-way, the City may require, and the permittee shall provide at the time of application for the permit, a City specified type of security, in accordance with PUC rules, to cover the cost of repair and restoration. If within 24 months after completion of restoration of the right-of-way, the director determines the right-of-way has been properly restored, the posted security will be released. C. Standards. All restoration shall be in accordance with the standards and materials specified by the City. The City shall establish written procedures and standards for public right-of-way restoration, which shall comply with PUC standards. Subject to PUC rules, the City shall have the authority to prescribe additional restoration procedures and standards on a case by case basis based on the following considerations: 1. The number, size, depth and duration of the excavation, disruption or damage to the public right-of-way; 2. The traffic volume carried by the public right-of-way; 3. The character of the neighborhood surrounding the public right-of-way; 4. The pre-project condition of the public right-of-way; 5. The remaining life-expectancy of the public right-of-way due to the project; 6. The costs of the restoration method in relation to the prevention of an accelerated depreciation of the public right-of-way that could result due to the project work in the public right-of-way; and 7. The likelihood that the particular restoration method would be effective in slowing the depreciation of the public right-of-way that would otherwise occur. D. Duty to correct defects. The permittee shall guarantee the restoration of the public right-of- way for 24 months following its completion (12 months for turf establishment). During the 24- month period, the permittee shall, upon written notification from the City, correct all non- complying restoration work, using the method required by the City. The correction work shall be completed within ten calendar days of the receipt of the notice from the City, not including days during which work cannot be done due to circumstances constituting force majeure or of unseasonable or inclement weather. E. As Built drawings. The permittee shall, if not already provided through another filing made within one year of completion of the project; annually submit to the City "as-built" drawings in a format usable by the City, as per State Statutes, incorporating project work and restoration. Subd. 13. Inspection. A. Site inspection. The permittee shall make the project work site available to the director, and all others authorized by law, for inspection at all reasonable times during the execution and upon completion of the project work. B. Inspection findings and requirements. 1. The director may order the immediate cessation of any project work which poses a serious immediate threat to the life, health, safety or welfare of the public. 2. The director may order the permittee to correct any project work to comply with the terms of the permit or other applicable standards, conditions or laws. The order shall state the violation, the terms of correcting the violation and that failure to correct the violation within the stated time limits shall be cause for revocation of the permit. If the violation is not corrected within the stated time limits, the director may initiate revocation of the permit. C. Notice of Completion. The permittee shall sign a certificate of project completion stating the completion date, identification of the installer and designer of record and certifying that the project work was completed in accordance with the requirements herein. Subd. 14. Permissible work without a permit. A. Emergency exception. All persons with facilities in the public right-of-way shall include the City in its list of those to be notified immediately of any event regarding its facilities that may be considered as an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency, but shall apply for the necessary permits, pay the fees associated therewith and fulfill all requirements as set forth in this Section within two business days after the occurrence of the emergency. These permitting requirements shall not apply if the repair is made within the hole of the permitted excavator. If the City becomes aware of an emergency regarding facilities, the City will attempt to contact the local representative of each facility affected, or potentially affected, by the emergency. The City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be assumed and paid by the owner of the facility which occasioned the emergency. Subd. 15. Mapping data. A. Information Required. All permittees shall provide mapping information in accordance with Minnesota Rules and as follows: 1. The location of underground and above ground appurtenances of the public right-of-way user's mains, cables, conduits, switches and related equipment and facilities, identified by: (a) Offsets from property lines, distances from the centerline of the public right-of-way and curb lines and/or other reference points as requested by the City; or (b) Coordinates derived from the coordinate system being used by the City. 2. The type, quantity and size of the equipment; 3. A dimensional description of above-ground appurtenances; 4. A legend explaining symbols, characters, abbreviations, scale and other data shown on the map; and 5. The location of any facilities that were abandoned in conformance with Minnesota Statutes. B. Submittal requirements. 1. Within six months after the effective date of this Section, all public right-of-way users which own or control facilities within public right-of-ways within the City on the effective date of this Section shall submit detailed mapping data in accordance with this Subdivision for all facilities and equipment located within the public right-of-way. Following initial mapping, all right-of-way users shall submit details mapping data by April 1 st of every year for all new facilities located within public rights-of-way in the City during the preceding calendar. 2. At the request of any public right-of-way user, information required by the City which qualifies as "trade secret" data under the Minnesota Data Practices Act shall be protected accordingly. C. Fees. Mapping data provided to the City which is GIS compatible and in a format used by the City, the mapping portion of the excavation fee is waived. Subd. 16. General public right-of-way regulations. A. Undergrounding facilities. Any new non-replacement facilities or equipment shall be located underground or contained within buildings or on other structures unless prohibited/restricted in accordance with all applicable federal, state or local laws. B. Corridors. The City may assign specific corridors within the public right-of-way, or portion thereof, as may be necessary for each type of facility. All permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facility at issue. C. Limitation of space. To protect the health, safety, and welfare of the City or when necessary to protect the public right-of-way and its current use, the City may prohibit public right-of-way users from a particular right-of-way after consideration of the public interest, the public's needs for the particular utility service, the condition of the public right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the public right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. D. Relocation of facilities. A public right-of-way user shall promptly, and at its own expense, with due regard to seasonal working conditions, permanently remove and relocate any facility in the public right-of-way when it is necessary to prevent interference and not merely for the convenience of the City, in connection with: (1) a present or future City use of the public right- of-way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the public right-of-way. The public right-of-way user shall restore any public rights- of-way in accordance with this Section. A right-of-way user is not required to remove or relocate its facilities from a right-of-way that has been vacated and in favor of a non-governmental entity unless and until the reasonable costs to do so are first paid to the right-of-way user. E. Damage to other facilities. Public right-of-way users shall be subject to all restoration requirements provided in this Section. Every public right-of-way user shall be responsible for the cost of repairing any facility it damages. This provision is intended to include costs for damages to boulevard amenities placed by adjacent property owners, (e.g. sprinkler systems, etc.). Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another occasioned by an emergency related to that owner's facilities. Subd. 17. Public right-of-way vacation. A. Reservation of right. If the City vacates a public right-of-way which contains the equipment or facilities of a public right-of-way user and the vacation does not require the relocation of the equipment or facilities, the City shall reserve, to and for itself and the public right-of-way user, the right to install, maintain and operate any equipment and facilities in the vacated public right-of-way and to enter upon such public right-of-way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same. B. Relocation of facilities. If the vacation requires the relocation of the public right-of-way user's equipment or facility; and the vacation proceedings are initiated by the public right-of-way user or the City, for a public project, the public right-of-way user shall pay the relocation costs. If the vacation proceedings are initiated by a person or persons other than the public right-of-way user, the initiating person or persons shall pay the relocation costs. Subd. 18. Indemnification and liability. A. Limitation of liability. Upon the issuance of a public right-of-way permit, the City does not assume any liability (i) for injuries to persons, damage to property or loss of service claims by parties other than the registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by registrants or permittees or activities of registrants or permittees. B. Indemnification. A registrant or permittee shall indemnify, keep and hold the City, its officials, employees and agents, free and harmless from any and all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken in or near a public right-of-way, whether or not any act or omission complaint of is authorized, allowed or prohibited by a public right-of-way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition or purpose of a permit. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permittee or the City, and the registrant or permittee, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert on its own behalf. If the registrant or permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permittee may not settle the litigation without the consent of the City. Such consent will not be unreasonably withheld. Subd. 19. Abandoned facilities. A. Notification. A public right-of-way user shall notify the City when facilities are, abandoned. The public right-of-way user shall submit to the director a plan for the removal of the abandoned equipment or facility. The Director may require the public right-of-way user to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment and facilities if the public right-of-way user fails to do so. B. Removal of abandoned facilities. 1. A right-of-way user shall notify the City when facilities are to be abandoned. A right-of- way user that has abandoned facilities in the right-of-way shall remove them from that right-of-way if required in conjunction with other right-of-way repair, excavation or construction, unless the City waives this requirement. Subd. 20. Appeal. A public right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed by the City Council upon written request. The City Council shall act on a written request at its next regularly scheduled meeting. The decision by the City Council shall be in writing and supported by written findings establishing the reasonableness of the decision. Subd. 21. Insurance. All certificate(s) of insurance or self-insurance required under this Section shall provide the following: (1) that an insurance policy has been issued to the applicant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the director; (2) verify that the applicant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the public right-of- way by the permittee, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the public right-of-way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (3) name the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) require that the director be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; (5) indicate comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this chapter: Public Liability, including premises, products and complete operations GENERAL LIABILITY: Bodily Injury Liability $1,000,000 each person, $3,000,000 each occurrence Property Damage Liability $3,000,000 each occurrence In lieu of (1) and (2) Bodily Injury and Property Damage Combined $3,000,000 single limit Automobile Liability Insurance, including owned, non-owned and hired vehicles COMPREHENSIVE: Bodily Injury Liability $1,000,000 each person, $3,000,000 each occurrence Property Damage Liability $3,000,000 each occurrence In lieu of (1) and (2) Bodily Injury and Property Damage Combined $3,000,000 single limit The City may require a copy of the actual insurance policies. If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. A Franchise agreement may exempt a permittee from this paragraph. (Code 1983, § 7.06, eff. 1-1-83; Ord. No. 299, 2nd series, § 2, eff. 9-14-00) APPEAL OF AN ADMINISTRATIVE DENIAL OF THE APPLICATION FOR RIGHT OF WAY PERMIT NO. 18478 BY XCEL ENERGY Director's Reasons for Denial ➢ On July 31, 2017, the City Council approved an Ordinance Amendment granting a Natural Gas Franchise to Northern States Power Co. d/b/a Xcel Energy. ➢ On August 23, 2017, a right-of-way permit application was submitted by Xcel Energy for the installation of a natural gas distribution line on the east side of Ames Crossing Road between Vikings Parkway and Shanahan Way. The understood desire of the permit application is for the purpose of supplying gas to 2900 Ames Crossing Road, the Prime Therapeutics site. ➢ Eagan City Code 7.06 Public right-of-way regulations, Subdivision 5(C) states that "the City may deny a permit for any reasons: 7. The proposed project is adverse to the public health, safety and welfare, by interfering with the safety and convenience of ordinary travel or the public right- of-way, or endangers the public right-of-way and its users based on one or more of the following factors: a. The extent of public right-of-way available; b. The competing demands for the particular proposed area space in the public right-of-way..." ➢ On September 22, the Xcel Energy right-of-way permit application on Ames Crossing Road, south of Vikings Parkway, was administratively denied by the City for reasons addressing both the protection of public safety and the current and future use of the public right-of-way. ➢ Minnesota Energy Resources (MERC) currently has a natural gas distribution line on the west side of Ames Crossing Road from O'Neill Road to Lone Oak Road that is sufficient to supply natural gas to the Prime Therapeutics site, just as it presently serves MISO and the other properties adjacent to 2900 Ames Crossing Road. ➢ The public right-of-way is a limited space for the benefit of the public. Public access to such right-of-way provides for ingress and egress for the adjacent property owners, as well as the transporting of goods to and from private property. The placement of utilities within the right-of-way places a hold on a four foot wide strip (two feet on either side of the installed utility line) of the right-of-way that is unavailable for any future use by other providers for the benefit of the public. Duplicative installations of utility product lines limit the opportunity for future installations for the transporting of new or upgraded utility products. The City has numerous existing right-of-way corridors where the space for utility lines within the right-of-way is already maximized. Any future installations on such alignments will require the utility provider to acquire easements, which is both expensive for the provider and limiting for the right-of-way authority if future expansion of the right-of-way is needed. ➢ The City also has a public safety concern due to what would be a non-standard practice for there to be two gas mains installed within the same public right-of-way. The placement of two natural gas mains within the same public right-of-way is unexpected in Eagan and numerous locations throughout Dakota County. Utility contractors do not expect said situation, so there is a higher likelihood that one of the two gas mains may be damaged during any subsurface activity in the area. ➢ There is no apparent need for Xcel Energy to install the segment of gas line referenced in the permit application for system operation purposes as it would be a dead end line. It appears the installation would be solely for the purpose of providing service to 2900 Ames Crossing Road/Prime Therapeutics. ➢ In accordance with the franchise agreement between the City and Xcel Energy (Gas), "For these purposes, Company (Xcel Energy) may construct, operate, repair and maintain gas facilities in, on, over, under and across the public right of ways, subject to the provisions of this ordinance and the public right-of-way regulations as applicable to utility services as set forth in the City Code. The Company (Xcel Energy) may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the further provisions of this franchise agreement." Director's Additional Comments to Xcel's Memorandum ➢ As noted above, Xcel has a franchise and it agreed to be "... subject to the provisions of this Ordinance and public regulations as applicable to utility services as set forth in the City Code." ➢ The reference in Xcel's brief to Minn. Stat. § 237.163 is not controlling—this statute deals with telecommunications, and not transmission of gas. ➢ The construction of two facilities in Vikings Parkway is distinguishable. First, MERC had existing lines that service the area and we approved the installation of their facility within Vikings Parkway to allow them to maintain a "looped" system. Additionally, MERC had filed a complaint against Xcel with the Minnesota Public Utilities Commission ("MPUC"). Duplication of facilities in right-of-way was discussed by the MPUC and it indicated it would generate a new docket to review and investigate the parameters of inter -gas -utility competition involving the duplication of existing facilities. See MPUC Order dated July 12, 2017. ➢ With regard to the right-of-way corridor and the congestion within Ames Crossing Road, it is important to note that Vikings Parkway is a 110 feet wide right-of-way and Ames Crossing Road is only an 80 feet wide right-of-way. ➢ The City anticipates that there will be significant requests for right-of-way use within Ames Crossing Road and the installation of a second gas line facility could place significant constraints for future right-of-way users. The City has been working cooperatively with Inver Grove Heights and Dakota County for the past 20 years on the potential development and related transportation needs in this area (NE Eagan/NW IGH) with multiple studies being completed. Studies by all three agencies recommend that a new interchange be constructed on 1-494 for Argenta Trail. Such an interchange would result in significant development of the area and further development of the local transportation system. Such development would likely be more intense in nature with high demands for technology services provided by utilities by way of the public right-of- way. Lone Oak Road, based upon existing fiber optic facilities, and Ames Crossing Road would be the expected route for delivery of said services to this area. ➢ The extent of Ames Crossing Road included within the permit request is anticipated to have no further development or need for natural gas services other than the Prime Therapeutics site. The existing "undeveloped" parcels have been identified as future City park and County conservation easement. The significant portion of the remainder of this segment of Ames Crossing Road that is not currently developed is adjacent to a lake and wetlands. The practical extent of the requested gas line installation would serve only as a service line, not as a main or lateral. The attached map indicates existing MERC gas lines within this area.