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11/06/2017 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 6, 2017 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNIZE Marshall Grange and Eagan Community Center staff for Life Saving efforts in May of 2017 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. APPROVE a resolution to accept donations from Target Corporation, Keith Maiz, two anonymous Target employees and Piada Italian Street Food F. APPROVE Off-Sale Liquor License for T & M Liquor, Inc. doing business as T & M Liquor, 4130 Blackhawk Road, Suite 100 G. APPROVE utilization of a temporary contractual commercial building inspector and time extension of a temporary contractual residential building inspector, and related 2017 budget amendment H. APPROVE senior citizen deferment of special assessment for street improvements for 4689 Penkwe Way I. APPROVE Joint Powers Agreement between the City of Eagan (as fiscal agent for the Dakota County Drug Task Force) and Dakota County for the administration and distribution of the High-Intensity Drug Trafficking Areas Program grant J. APPROVE the 2017 Budget Amendments resulting from compensation plan adjustments K. ADOPT a Resolution accepting a donation from the Eagan Citizens’ Crime Prevention Association L. AUTHORIZE the purchase of a fire ladder truck from Fire Safety USA M. RECEIVE Draft Feasibility Report for Project 1258, Galaxie Avenue (Berkshire Drive to Apple Valley border – Street Improvements, and Schedule Public Hearing for December 5, 2017 N. RECEIVE Draft Feasibility Report for Project 1259, Heine 1st Addition – Street Improvements, and Schedule Public Hearing for December 5, 2017 O. RECEIVE Draft Feasibility Report for Projects 1260, Evergreen Park Addition – Street Improvements, and Schedule Public Hearing for December 5, 2017 P. RECEIVE Draft Feasibility Report for Projects 1261, Wilderness Run 4th, 5th & 6th Additions – Street Improvements, and Schedule Public Hearing for December 5, 2017 Q. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 13-B, Paragon Addition R. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 13-M, Eagan Pointe Senior Living S. APPROVE Telecommunications Lease Agreement with T-Mobile at Sperry Tower T. APPROVE Final Payment, Contract 16-24, Central Maintenance Facility Low Voltage Systems U. APPROVE Change Order #1 - Contract 17-09, Vikings Parkway Streetscaping V. APPROVE Change Order #1 - Contract 17-19, Cedar Grove Area Entrance Monuments W. APPROVE Conditional Use Permit – Hour Kids/ Kristinah Dvorak - A Conditional Use Permit to allow a child care facility located at 1981 Silverbell Road X. RECEIVE and Acknowledge the Draft Cedar Avenue Transitway Station Area Plan Y. APPROVE the purchase of commission tablets and the related budget adjustment Z. APPROVE Final Planned Development – Prime Therapeutics AA. APPROVE Change Order #1 – Contract 16-22, Vikings Parkway Street Improvements V. PUBLIC HEARINGS A. VACATE Easements Lot 1, Block 1 Eagan Place 4th Addition B. VACATE Easements Lot 1, Block 1 Schindeldecker 4th Addition/Easement Document 115260/ Outlot D Galaxie Cliff Plaza VI. OLD BUSINESS A. ORDINANCE AMENDMENT – An Ordinance Amendment to City Code Chapter 10 Regarding Prescriptive Grazing B. ORDINANCE AMENDMENT - An Ordinance Amendment to City Code Chapters 6, 7, 10 and 11 relative to Special Events and Temporary and Outdoor Events C. RECEIVE and act upon Report from Hearing Officer regarding Xcel Energy’s appeal from denial of Right-of-Way permit VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT – Justman Freight - A Comprehensive Guide Plan Amendment from LD, Low Density to IND, Limited Industrial located at 4855 South Robert Trail B. COMPREHENSIVE GUIDE PLAN AMENDMENTS & REZONINGS – Fire Station 1 & 5 – A Comprehensive Guide Plan Amendment to from QP, Quasi-Public to O/S, Office Service and A Rezoning from PF, Public Facility to LB, Limited Business located at 3940 Rahn Road and 4701 Galaxie Avenue C. REZONING and PRELIMINARY PLANNED DEVELOPMENT – Walser/ Jack Grotkin, RJ Ryan Construction - A Rezoning from I-1, Limited Industrial to PD, Planned Development and A Preliminary Planned Development to allow outdoor storage and wholesale auctions of motor vehicles, and motor vehicle detailing, repair, and maintenance located at 2875 Highway 55 VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Second Amendment to Sale and Purchase Agreement for the Sale of Outlot B, Paragon Addition D. PUBLIC HEARING E. OLD BUSINESS F. NEW BUSINESS G. OTHER BUSINESS H. ADJOURN 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: November 3, 2017 Subject: Agenda Information for November 6, 2017 City Council Meeting ADOPT AGENDA After approval is given to the November 6, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 6, 2107, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Recognize Marshall Grange and Eagan Community Center Staff for Life Saving efforts in May of 2017 Facts: On Friday May 12th 2017 a Eagan Community Center fitness center user collapsed while working out on a treadmill. Community Center Manager Marshall Grange and off duty Eagan Firefighter Chandra Grung who was working out at the Community Center immediately responded to render aid. Marshall and Chandra started CPR while Park Staff called 911 and retrieved the AED. The AED advised to shock which was applied. Through the efforts of Firefighter Chandra Grung, Community Center Manager Marshall Grange and his staff, the victim was breathing on his own and able to communicate when emergency staff arrived. The Eagan Fire Department Awards Committee recommended Marshall and his staff for a 2017 Citizen Life Saving Award. Firefighter Chandra Grung will be recognized at our annual event in February. Fire Chief Scott and Director of Parks Andrew Pimental will recognize Marshall and his staff. Agenda Information Memo November 6, 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 10, 2017 Special City Council meeting, and October 17, 2017 regular City Council meeting as presented or modified. Attachments: (2) CA-1 October 10, 2017 Special City Council Minutes CA-2 October 17, 2017 City Council Minutes MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 10, 2017 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Bakken, Fields, and Hansen. Councilmember Tilley was absent. Mayor Maguire arrived at 5:35 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Finance Director Pepper, Assistant Finance Director Feldman, Communications Director Garrison, Parks & Recreation Director Pimental, City Clerk Scipioni, and Director of Public Works Matthys, Water Resources Manager Macbeth, ECC Manager Grange, and Civic Arena Manager Vaughn.. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. JOINT MEETING WITH ENERGY AND ENVIRONMENT ADVISORY COMMISSION Director of Parks and Recreation Pimental introduced the Energy and Environment Advisory Commission members. Each of the Commissioners introduced themselves to the City Council. Chair Oxley and Commission members gave an overview of the EEAC projected goals for 2018. The Council and members of the EEACC discussed the proposed projects. Mayor Maguire thanked the Energy and Environment Advisory Commission for attending the meeting. 2018 EAGAN CONVENTION AND VISITORS BUREAU BUDGET Communications Director Garrison introduced the item noting while the ECVB Board operates independently from the City, Section 3.2 of the Operating Agreement with the City of Eagan requires the ECVB to submit its work plan and operating budget to the City Council for its review and approval. Brent Cory, Eagan Convention and Visitors Bureau President & CEO, gave an overview of the 2018 marketing priorities and proposed ECVB budget. The Council reviewed the marketing priorities and proposed budget. The Council directed the 2018 Eagan Convention and Visitors Bureau budget to be included on a future City Council meeting consent agenda for formal consideration. Special City Council Minutes October 10, 2017 Page 2 2018-2019 ENTERPRISE AND SPECIAL REVENUE FUND BUDGETS City Administrator Osberg introduced the item noting Council is being asked to provide direction to staff regarding the proposed 2018-2019 Enterprise Funds and Special Revenue Fund budgets. Public Works Director Matthys walked through the Public Utilities budget touching on several of the highlights and changes. Parks and Recreation Director Pimental gave an overview of the highlights and changes for the Civic Arena, Cascade Bay and the Community Center. Pimental noted the request that the Civic Arena budget be added to a Finance Committee meeting to address options with respect to the internal loan that is not being paid. Assistant City Administrator Miller touched on several of the highlights and changes for AccessEagan/Fiber Infrastructure. Miller noted the request for the AccessEagan/Fiber Infrastructure budget to be added to a Finance Committee meeting to address possible sources of AccessEagan operational funding. Communications Director Garrison gave an overview of the highlights and changes for E-TV. Studio Supervisor Ongstad touched on the operational focus for the next couple of years. The Council and staff discussed the Enterprise Funds and Special Revenue Fund budgets. The Council directed the Civic Arena budget and AccessEagan/Fiber Infrastructure budget to a future Finance Committee. The Council directed the remainder of the 2018-2019 Enterprise Fund budgets and E-TV budget to be placed on a future City Council consent agenda for formal consideration. REVIEW OF LICENSING AND REGULATING ALCOHOL AT VIKING LAKES Assistant City Administrator Miller introduced the item noting 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. The next step in the process for allowing alcohol at the Viking Lakes complex is for the City to consider an ordinance amendment allowing issuance of on-sale liquor licenses and setting appropriate regulations. Miller noted City Clerk Scipioni will walk through the research conducted regarding on-sale alcohol service at Viking Lakes and the policy considerations. City Clerk Scipioni walked through the background information, public policy considerations and questions. The Council provided the following feedback: 1. Should City Code be amended to allow the issuance of annual on-sale liquor licenses to the owner, concessionaire or vendor for Lots 1 and 2, Block 1 Viking Lakes? Yes 2. Should City Code be amended to allow the issuance of short-term on-sale license licenses to vendors for Lots 1 and 2, Block 1 Viking Lakes? Yes a) How many days should the license term be? 30 days b) Should short-term permits be approved by Council or administratively? Administratively Special City Council Minutes October 10, 2017 Page 3 3. Should City Code include limitations for the types of events at which alcohol service is allowed? No 4. Should City Code limit the areas in which alcohol can be served/consumed on Lots 1 and 2, Block 1 Viking Lakes? No 5. Should City Code include a City permit requirement for alcohol caterers who are selling/serving food and alcohol at a large-scale event? Registration for caterers with stipulations for those that violate the ordinance 6. What fees are appropriate for the newly created licenses? On Sale Annual Licenses: Alcohol Sales less than $275,000 $5,500 Alcohol Sales between $275,000-$550,000 $6,500 Alcohol Sales greater than $550,000 $7,500 Short-Term Licenses $250 per 30 day permit Caterer’s Permit $25 7. Does the Council wish to enact any additional regulations regarding alcohol service at Lots 1and 2, Block 1 Viking Lakes? No OTHER BUSINESS There was no other business to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn at 7:54 p.m. Aye: 4 Nay: 0 ______________ Date _______ Mayor _______ City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 17, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. A regular meeting of the Eagan City Council was held on Tuesday, October 17, 2017 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Hansen and Tilley. Councilmember Bakken was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, City Planner Ridley, Public Works Director Matthys, Parks & Recreation Director Pimental, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the October 3, 2017 regular City Council meeting, as presented. B. Personnel Items: 1. It was recommended to accept the resignation of George Wexler, Police Officer, and authorize the recruitment and replacement of this position. 2. It was recommended to accept the resignation of Samwel Ombuki, Overnight ECC Custodian, and authorize the recruitment and replacement of this position. 3. It was recommended to authorize the hiring of an Overnight ECC Custodian, to be named. 4. It was recommended to authorize the hiring of a Streets Maintenance Worker, to be named. 5. It was recommended to accept the resignation of seasonal staff for Lifeguard, Pool Attendant, Cascade Bay Coordinator, Guest Relations, Fitness Instructor, Rec Assistant, Sound Tech, Civic Arena Building Attendant, Rec Leader, Park Maintenance, Park Laborer, Site Coordinator, Custodian ECC, Landscape Crew. 6. It was recommended to authorize the hiring of seasonal staff for Fitness Instructor, Rec Leader, Building Attendant III, and Guest Service Rep. City Council Meeting Minutes October 17, 2017 2 page C. It was recommended to ratify the check registers dated October 6 and October 13, 2017. D. It was recommended to approve the ordinary and customary contracts from One Source and Complex Media, Inc. E. It was recommended to reject all proposals for the sale of Fire Station #1 and authorize pursuit of new proposals for the sale of Fire Station #1. F. It was recommended 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 Statues, Section 475.521. G. Item was removed. H. It was recommended to 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. I. It was recommended to 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. J. It was recommended to 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. K. It was recommended to 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. L. Item was removed. M. It was recommended to approve a Final Plat to adjust the lot line between two single-family lots located at 1556 and 1562 Highview Avenue. N. It was recommended to direct preparation of an Ordinance Amendment to City Code Chapter 5 regarding alcohol licensing for Lots 1 & 2, Block 1, Viking Lakes. O. It was recommended 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. P. It was recommended to approve a Preliminary Subdivision (Viking Lakes 2nd Addition) to create seven lots upon approximately 62 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 City Council Meeting Minutes October 17, 2017 3 page 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, 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 City Council Meeting Minutes October 17, 2017 4 page 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 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. City Council Meeting Minutes October 17, 2017 5 page 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. 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. Q. It was recommended 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. R. It was recommend to approve Indefeasible Right to Use (IRU) fiber optic agreement with Dakota County for three separate segments within Eagan. PUBLIC HEARINGS There were no public hearings to be heard. OLD BUSINESS There was no old business to be heard. City Council Meeting Minutes October 17, 2017 6 page NEW BUSINESS Appeal of Right-of-Way Permit Denial City Attorney Dougherty introduced the item noting earlier this year Xcel Energy applied for a right-of- way permit to install a gas line on Ames Crossing Road. Following their application, the City denied the issuance of a permit. Under the City Ordinance, the applicant has the right to seek an appeal of that decision to the City Council. The Council can authorize the use of a hearing officer to hear the appeal and file a report to include findings of fact and a recommendation to the Council to either affirm or reverse the administrative decision. The engagement of a hearing officer would be done through the approval of a motion. Dougherty noted his office has been in contact with a number of individuals qualified to act as a hearing officer. He also noted the motion should include a requirement that the report from the hearing officer be delivered to the City Council no later than a specified regularly scheduled meeting. Representatives of Xcel Energy were present and available for questions. The Council discussed the appeal of the right-of-way permit denial. It was the consensus of the Council to move forward with engaging a hearing officer. Councilmember Fields moved, Councilmember Hansen seconded a motion to authorize the City Administrator to engage a hearing officer for the purpose of hearing Xcel Energy’s Appeal of the Denial of the Right-of-Way Permit and require the hearing officer to file a report with findings and a recommendation to the City Council no later than November 21, 2017. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There was no administrative agenda to be heard. 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 6:45 p.m. Aye: 4 Nay: 0 City Council Meeting Minutes October 17, 2017 7 page _______ Date ______ Mayor _______ City Clerk Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Approve the Memorandum of Agreement between the City of Eagan and Law Enforcement Labor Services, Local No. 170 regarding the bidding of shifts/schedules for the Police Officers. FACTS: The process for Police Officers bidding their schedule and shifts was modified to meet the interests of both Police Officers and Police Administration. Bidding for Teams and Shifts will be by Seniority. Police Administration reserves the right to reassign Officers amongst different Teams. The Memorandum of Agreement will be effective 12/24/17 through 4/14/19, with the option to renew if mutually agreed upon. Attachment (1): Memorandum of Agreement ITEM 2. Action To Be Considered: Authorize the hiring of a Full Time Temporary Streets Maintenance Worker FACTS: Due to an authorized employee leave of absence, Streets Maintenance is experiencing a temporary staffing shortage from October 2017 until approximately the second quarter of 2018. Current staffing levels are not sufficient to manage the upcoming 2017-2018 Winter and Spring season. Management requests to hire a Benefit-Eligible, full time temporary employee to perform the duties of a Streets Maintenance Worker to work full time on a temporary basis during the interim. ITEM 3. Action To Be Considered: Accept the resignation of Timothy Bush, Fire Lieutenant Captain. ITEM 4. Action To Be Considered: Authorize the promotion of Jeffrey Brooker, Streets Maintenance Worker, to Streets Maintenance Supervisor and authorize the recruitment and replacement of this position FACTS: This recruitment was authorized by Council action on 10/3/17 ITEM 5. Action To Be Considered: Authorize the termination of the following seasonal employees: Park Laborer Borash, Katelyn N Tennis Instructor Carlin, Mckinley T Tennis Instructor Hodowanic, Paul J Custodian ECC Ibrahim, Osama N Park Laborer Koppang, Andrew S Streets Maintenance Malcuit, Matthew J Park Laborer Odonnell, Jeffrey D ECC Guest Services Rep Peterson, Kelli Tennis Assistant Phung, Bao Han Park Laborer Richard, Walt T Park Laborer Schoenecker, Justin T Park Laborer Schoenecker, Thomas W Park Maintenance Smith, Matthew A Park Maintenance Weldon, Brady N ITEM 6. Action To Be Considered: Authorize the hiring of the following seasonal employees: Basketball Scorekeeper Barry, Bruce A Building Attendant I Courington, John H Recreation Leader Foerster, Quinn M Basketball Scorekeeper Gramling, Richard J Preschool Teachers Asst Heichert, Cailin L Youth Art Leader Jones, Caroline Building Attendant I Teuber, Aaron M Park Maintenance Thompson, Joshua A Program Assistant Wyman, Jennifer INFORMATIVE: Jason Cloward was hired as a Streets Maintenance Worker o This was hiring approved 10/17/17 MEMORANDUM OF AGREEMENT SHIFT BIDDING: 12/24/17 through 04/14/2019 The City of Eagan (“City”) and Law Enforcement Labor Services, Inc. Local No. 170 – Patrol Officers (“Union”) agree to the following: The purpose for this Memorandum of Agreement is to set forth a mutually agreed upon Patrol Officer shift bidding process for the period covering December 2017 through April 14, 2019. Police Administration will not assign Officers to “Teams.” Instead, Patrol Officers will bid their “Teams” each February and will be effective in Period 5 of the current year. During this “Team” bidding selection, Officers will also select their shift. Officers will bid their shifts again within their “Team” in August, with those results effective in Period 11. All bidding for “Teams” and shifts will be by seniority. If any seniority issues arise over the year as a result of a promotion or reassignment, they will be resolved during the annual “Team” bidding process. Officers are ineligible to bid shifts or “Teams” during their probationary period. Police Administration reserves the right to reassign officers among the “Teams” if any “Team” does not have an officer from the K9 unit or has less than two officers in each of the following units: SWAT, Crime Scene, and Field Training Officer. In these instances, officers with the least amount of bargaining unit seniority, and is assigned to Patrol will be reassigned first. In the event issues arise where members cannot effectively work with one another (i.e. personality conflicts), police administration reserves the right to reassign staff if necessary. This agreement is not intended to eliminate any contractual language within the Labor Agreement between the City of Eagan and Law Enforcement Labor Services, Inc. Local No. 170. Furthermore, during the course of this agreement, if operational issues arise that cannot be resolved with the Seniority Bidding committee, the Employer reserves the right to make the necessary decisions to resolve the issue or discontinue this Memorandum of Agreement with 30 days’ notice if the issue cannot be resolved. In the first quarter of 2019, Police Administration will reconvene the Seniority Bidding Committee to evaluate the impact this practice set forth in this Memorandum of Agreement has had on Operations. The Seniority Bidding Committee will make a recommendation as to whether or not to continue the practice. This Memorandum of Agreement will expire on March 31, 2019, unless the parties mutually agree, in writing, to its extension. IN WITNESS WHEREOF, the parties have executed the Agreement on the respective dates as set forth opposite their respective signatures. CITY OF EAGAN: CITY OF EAGAN: Dated: ________________ By: _______________________ Mike Maguire Mayor, City of Eagan Dated: ________________ By: _______________________ Jim McDonald Chief of Police Dated: ________________ By: _______________________ Lori Peterson-Weitzel Human Resources Manager LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 170 Dated: ________________ By: ______________________ Renee Zachman Business Agent Dated: ________________ By: ______________________ Joe Moseng LELS Patrol Officers Local 170, Union Steward Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated October 20 and October 27, 2017 as presented. Attachments: (2) CC-1 Check register dated October 20, 2017 CC-2 Check register dated October 27, 2017 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 2Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194269 10/20/2017 148129 AMAZON Continued... 21.99-CREDIT 267755 190867953985 3001.6227 Recreation Equipment/Supplies General/Admn-Recreation 377.36 STACKING CUPS 267738 197198431765 3001.6227 Recreation Equipment/Supplies General/Admn-Recreation 62.12 DATE STAMPS 267737 211879167724 0720.6210 Office Supplies General Admin-Planning & Zonin 52.96 FOOT SWITCH 267746 257526641643 2401.6234 Field/Other Equipment Repair Gen/Adm-Central Services 39.31 BATTERIES/TAPE/CARDS 267744 261800078603 6101.6210 Office Supplies Water -Administration 65.98 DUAL MONITOR MOUNT 267747 266647744070 1104.6660 Office Furnishings & Equipment Patrolling/Traffic 30.22 USB ADAPTER 267752 286846570608 1221.6238 Communication System Parts Administration-Fire 186.42 HEADSET 267739 293238357387 0301.6660 Office Furnishings & Equipment IT-Gen & Admn 36.39 SUPPLIES 267749 301493690719 3057.6227 Recreation Equipment/Supplies Preschool Programs 67.15 SUPPLIES 267749 301493690719 3001.6227 Recreation Equipment/Supplies General/Admn-Recreation 2,238.45 194270 10/20/2017 100385 AMER ENGINEERING TESTING INC 636.10 CONCRETE TESTING 267670 98161 8247.6713 Project - Outside Engineering P1247 2017 Trail & parking lot 636.10 194271 10/20/2017 146584 ANDERSON, LOGAN 8.40 REPLACE CH #173887 267671 111814-1 1104.6353 Personal Auto/Parking Patrolling/Traffic 8.40 194272 10/20/2017 144673 ARCADE ELECTRIC 7,905.00 ELECTRICAL UPGRADE WITH PAINTI 267672 9153 6603.6630 Other Improvements Building Repair & Maint. 7,905.00 194273 10/20/2017 101609 ASPEN WASTE 380.56 ECC WASTE 267673 S1321957-100117 6827.6539 Waste Removal/Sanitation Servi Building Maintenance 380.56 194274 10/20/2017 140466 ASPENWALL TREE SERVICE INC. 775.00 WALDEN HEIGHTS TREE REMOVAL 267674 17-2276 3220.6545 Tree Removal Tree Removal 775.00 194275 10/20/2017 149605 BAGSPOT PET WASTE SOLUTIONS 254.74 DOG WASTE BAGS 267675 3153 3111.6539 Waste Removal/Sanitation Servi Refuse/Waste Control 254.74 194276 10/20/2017 142024 BASER & PL UMPIRES 396.00 CO-REC SOFTBALL UMPIRES 267679 093017 3050.6327 Sporting Event Officials Adult Softball-Co-Rec 1,320.00 MEN'S SOFTBALL UMPIRES 267679 093017 3048.6327 Sporting Event Officials Adult Softball-Men 1,716.00 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 3Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194276 10/20/2017 142024 BASER & PL UMPIRES Continued... 194277 10/20/2017 100397 BATTERIES PLUS 4.99 BATTERIES 267676 026-319674 1221.6210 Office Supplies Administration-Fire 4.99 194278 10/20/2017 100016 BAUER BUILT 243.50 TIRES FOR HAY WAGON @ HOLTZ 267682 180219798 3128.6231 Mobile Equipment Repair Parts Vehicle Maintenance 129.65 RO 675 UNIT 318 267677 180219847 9001.1415 Inventory - Parts General Fund 259.30 UNIT 316 267680 180219989 9001.1415 Inventory - Parts General Fund 172.02 UNIT 10008 267681 180220260 9001.1415 Inventory - Parts General Fund 804.47 194279 10/20/2017 143108 BLOOMINGTON, CITY OF 70.00 QUARRY ROAD ADDITION 267692 1700142 6149.6323 Testing Services Water Sampling/Testing 735.00 TESTING 267691 1700163 6149.6323 Testing Services Water Sampling/Testing 805.00 194280 10/20/2017 100414 BLUE CROSS & BLUE SHIELD OF MINNESOTA 225.00 BALANCE BCBS VEGGIE BUCKS 2017 267683 2017 MARKET FEST SEASON 9001.1030.9 BCBS Marketfest vouchers General Fund 225.00 194281 10/20/2017 121941 BULLEX INC. 3,495.00 VEHICLE FIRE PROP-NDTA 267684 107950 1223.6320 Instructors Training Fire & EMS 3,495.00 194282 10/20/2017 142923 BUREAU OF CRIMINAL APPREHENSION 630.00 COMPUTER AIRCARDS 267685 00000437585 1104.6349 Teleprocessing Equipment Patrolling/Traffic 630.00 194283 10/20/2017 100027 BURNSVILLE, CITY OF 3,417.44 BURNSVILLE JPA QTR 3 267686 2017-00000017 6201.4530 Sanitary Sewer Service Charges San Sewer-Administration 4,449.64 BURNSVILLE JPA QTR 3 267686 2017-00000017 6101.4505 Water Sales Water -Administration 7,867.08 194284 10/20/2017 120549 CAMPBELL PET COMPANY 121.74 DOG LICENSE TAGS 267926 0343489-IN 1110.6220 Operating Supplies - General Animal Control 121.74 194285 10/20/2017 142837 CENTURYLINK (R) 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 4Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194285 10/20/2017 142837 CENTURYLINK (R)Continued... 969.55 OCT 2017 TELEPHONE 267687 1420973144 9695.6347 Telephone Service & Line Charg Dakota Co Drug Task Force 969.55 194286 10/20/2017 100533 CLIFF LAKE VET CLINIC 9.00 DOG LICENSE SALES 1/1-10/1/17 267696 100117 1110.6325 Vet/Kennel Charge/Animal Dispo Animal Control 9.00 194287 10/20/2017 100633 CNH ARCHITECTS 19,415.62 PROF SVCS 267688 605 8278.6713 Project - Outside Engineering P1278 2018 CMF improvements 19,415.62 194288 10/20/2017 143057 COLUMBIA PIPE AND SUPPLY CO. 30.44 BLDG REPAIR PARTS 267689 2504441 3106.6233 Building Repair Supplies Structure Care & Maintenance 30.44 194289 10/20/2017 100038 COMMERCIAL ASPHALT 129.15 BIT MIX FOR PATCHING 267938 170831 2220.6255 Street Repair Supplies Bituminous Surface Maint 370.47 HOT MIX FOR PATCHING 267937 170930 2220.6255 Street Repair Supplies Bituminous Surface Maint 499.62 194290 10/20/2017 101973 COMPANION ANIMAL HOSPITAL 27.50 DOG LICENSE SALES 1/1-10/1/17 267695 100117 1110.6325 Vet/Kennel Charge/Animal Dispo Animal Control 27.50 194291 10/20/2017 100040 CONT SAFETY EQUIP 62.64 SCOTT NITTI CLOTHING ALLOWANCE 267941 446339 2201.2115 Clothing Allowance Gen/Adm-Streets 152.19 SAFETY VESTS & GLASSES 267941 446339 2201.6222 Medical/Rescue/Safety Supplies Gen/Adm-Streets 74.29 SAFETY VEST & PANTS 267690 446340 2220.6222 Medical/Rescue/Safety Supplies Bituminous Surface Maint 289.12 194292 10/20/2017 132315 COOK, DAN 103.30 COOK, DAN-MILEAGE 7/13-9/25 267702 092517 0301.6353 Personal Auto/Parking IT-Gen & Admn 103.30 194293 10/20/2017 111144 COOPERS TIRE & AUTO STORES, JIM 1,632.24 STOCK TIRES 267700 E-240834 9001.1415 Inventory - Parts General Fund 1,632.24 194294 10/20/2017 146281 CORNERSTONE PARKING GROUP INC. 149.43 CINTAS REIMBURSEMENT 267698 1453 9116.6535 Other Contractual Services Cedar Grove Parking Garage 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 5Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194294 10/20/2017 146281 CORNERSTONE PARKING GROUP INC.Continued... 407.08 ADAM'S REIMBURSEMENT 267698 1453 9116.6223 Building/Cleaning Supplies Cedar Grove Parking Garage 12,115.42 MANAGEMENT SERVICES SEPT 2017 267699 1455 9695.6535 Other Contractual Services Dakota Co Drug Task Force 12,671.93 194295 10/20/2017 146259 COUILLARD, CRYSTAL 260.42 3CMA CONF 9/5-9/9/17 267703 090917 0901.6476 Conferences/Meetings/Training Gen & Admin-Communications 260.42 194296 10/20/2017 113795 CULLIGAN 355.55 WATER SOFTENER SALT 267693 658712 6827.6244 Chemicals & Chemical Products Building Maintenance 213.55 WATER SOFTENER SALT 267694 658713 3313.6244 Chemicals & Chemical Products Fire Buildings 569.10 194297 10/20/2017 136461 CULLIGAN (R) 66.43 WATER 267701 657851 9695.6210 Office Supplies Dakota Co Drug Task Force 66.43 194298 10/20/2017 101058 CUMMINS NORTH CENTRAL 82.36 PARKS MOWER PARTS 267697 100-1801 9001.1415 Inventory - Parts General Fund 82.36 194299 10/20/2017 100305 DAK CTY TREASURER AUDITOR 2,169.69 FIRE RADIO SUBSCRIBER FEE 267927 00027433 1221.6535 Other Contractual Services Administration-Fire 2,472.98 POLICE RADIO SUBSCRIBER FEE 267927 00027433 1108.6569 Maintenance Contracts Communications 4,642.67 194300 10/20/2017 120622 DAKOTA COMMUNICATIONS CENTER 99,871.00 DCC MONTHLY FEE-NOV 2017 267732 EA2017-11 1108.6330 DCC Fees Communications 99,871.00 194301 10/20/2017 133868 DAKOTA COUNTY FINANCIAL SERVICES 1,381.93 SIGNAL ELECT-3RD QTR 2017 267720 00027251 6301.6407 Electricity-Signal Lights Street Lighting 1,381.93 194302 10/20/2017 148127 DAKOTA COUNTY FINANCIAL SERVICES (R) 92.49 AUG 2017 FUEL 267705 00027135 9695.6235 Fuel, Lubricants, Additives Dakota Co Drug Task Force 92.49 194303 10/20/2017 100405 DAKOTA ELECTRIC ASSOC 1,002.87 STREETLIGHT REPAIRS 267716 74784205 6301.6432 Utility System Repair-Labor Street Lighting 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 6Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194303 10/20/2017 100405 DAKOTA ELECTRIC ASSOC Continued... 1,002.87 194304 10/20/2017 144585 DERING PIERSON GROUP LLC 121,540.19 BRIDLE RIDGE BLDG PMT 3 267723 083117 2846.6710 Project - Contract Bridle Ridge Park 113,990.07 BRIDLE RIDGE BLDG PMT 3 267722 100117 2846.6710 Project - Contract Bridle Ridge Park 235,530.26 194305 10/20/2017 101693 DICK'S SANITATION SERVICE INC. 177.38 ECC COMPOST 267704 DT0001925964 6827.6539 Waste Removal/Sanitation Servi Building Maintenance 100.52 WASTE REMOVAL 267709 DT0001943125 6603.6539 Waste Removal/Sanitation Servi Building Repair & Maint. 277.90 194306 10/20/2017 150837 DIETRICH, KAYLE 52.00 ACTIVITY REFUND 267717 528848 3001.2250 Escrow Deposits General/Admn-Recreation 52.00 194307 10/20/2017 142638 D'JOCK, SANDRA 1,243.69 10107-OVRPMNT 4330 BEAR PATH T 267707 101117 9220.2250 Escrow Deposits Public Utilities 1,243.69 194308 10/20/2017 150835 EAGAN BANFIELD PET HOSPITAL 24.50 DOG LICENSE SALES 1/1-10/1/17 267725 100117 1110.6325 Vet/Kennel Charge/Animal Dispo Animal Control 24.50 194309 10/20/2017 101697 EAGAN CONVENTION & VISITORS BUREAU 100,122.53 AUG 2017 LODGING TAX 267718 0817 9001.2210 Due to Convention Bureau General Fund 1,295.45-AUG 2017 LODGING TAX 267718 0817 6801.4621 Building Rent General & Administrative 30.43-AUG 2017 LODGING TAX 267718 0817 6801.6347 Telephone Service & Line Charg General & Administrative 20.00-AUG 2017 LODGING TAX 267718 0817 6801.6347 Telephone Service & Line Charg General & Administrative 1,011.26-AUG 2017 LODGING TAX 267718 0817 9337.1386.1 Due from ECVB Community Investment 455.41-AUG 2017 LODGING TAX 267718 0817 9337.4613.4 Int on IR-ECVB Community Investment 97,309.98 194310 10/20/2017 100917 EAGAN FIRE DEPT. RELIEF ASSOCIATION 860.00 OCT 17/PAYROLL END 10/14/17 267756 OCT17 9592.2038 Ded Pay-Fire Relief Assn Dues Benefit Accrual 860.00 194311 10/20/2017 107323 EAGAN PET CLINIC 30.50 DOG LICENSE SALES 1/1-10/1/17 267724 100117 1110.6325 Vet/Kennel Charge/Animal Dispo Animal Control 30.50 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 7Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194311 10/20/2017 107323 EAGAN PET CLINIC Continued... 194312 10/20/2017 100060 ECM PUBLISHERS INC 775.60 PROMO FOR EXPO 267713 533722 3078.6357 Advertising/Publication Senior Citizens 775.60 194313 10/20/2017 101048 EHLERS & ASSOCIATES, INC. 1,292.50 PROJ CGTIF MEETINGS SERVICES 267706 75011 9334.6310 Professional Services-General Cedarvale/Hwy 13 TIF 1,292.50 194314 10/20/2017 100451 FASTENAL COMPANY 9.52 SAFETY GLASSES WELDLING 267727 MNTC1205726 2401.6241 Shop Materials Gen/Adm-Central Services 19.04 SAFETY GLASSES WELDING 267728 MNTC1205773 2401.6241 Shop Materials Gen/Adm-Central Services 74.73 MISC BOLTS 267729 MNTC1205815 2401.6241 Shop Materials Gen/Adm-Central Services 5.82 FITTINGS FOR TRUCK RACKS 267711 MNTC1206059 6160.6230 Repair/Maintenance Supplies-Ge Main Maintenance/Repair 109.11 194315 10/20/2017 144138 FISCHER MINING LLC 1,024.65 MAINBREAK FILL 267714 114798 6160.6255 Street Repair Supplies Main Maintenance/Repair 1,024.65 194316 10/20/2017 144984 GADIENT, CATHERINE 43.08 MN GIS/LIS CONF 10/4-10/6/17 267721 106/17 2401.6476 Conferences/Meetings/Training Gen/Adm-Central Services 43.08 194317 10/20/2017 147955 GALLS LLC 3.98 PATROL CLOTHING 267726 09093200 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 3.98 194318 10/20/2017 100465 GERTEN GREENHOUSES 62.38 TOPSOIL AT CEDAR POND 267712 3742 /7 3216.6250 Landscape Material & Supplies Landscape Mtn-Park sites 62.38 194319 10/20/2017 147866 GIBBS, JOE 10.70 MILEAGE REIMB - UTILITIES MEET 267805 092917 0501.6353 Personal Auto/Parking General & Admn-Finance 154.08 MILEAGE REIMB - MNGFOA CONF 267805 092917 0501.6476 Conferences/Meetings/Training General & Admn-Finance 164.78 194320 10/20/2017 101372 GLOBAL SPECIALTY CONTRACTORS 500.00 GUARD RAIL REPAIR 267715 62957 2222.6429 Street Repair-Labor Curb And Gutter Repair 500.00 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 8Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194320 10/20/2017 101372 GLOBAL SPECIALTY CONTRACTORS Continued... 194321 10/20/2017 100077 GOPHER ST ONE CALL 1,381.05 LOCATES - UTILITIES 267710 7090328 6234.6356 One Call Service Fee Utility Locates 334.80 LOCATES - FIBER 267710 7090328 4002.6569 Maintenance Contracts Fiber capacity project 1,715.85 194322 10/20/2017 142509 GOVERNMENT PAYROLL REVIEW SEMINAR 50.00 GOV'T PAYROLL REVIEW SEMINAR 267719 102617-DWYER 0507.6476 Conferences/Meetings/Training Payroll 50.00 194323 10/20/2017 101884 GRAFIX SHOPPE 5.00 HELMET LABEL 267730 117006 1225.6224 Clothing/Personal Equipment Fire / EMS Equipment 760.00 VEHICLE GRAPHICS 267731 117063 1224.6231 Mobile Equipment Repair Parts Engineer 475.00 VEHICLE GRAPHICS 267708 117156 1224.6231 Mobile Equipment Repair Parts Engineer 1,240.00 194324 10/20/2017 118637 GRANGE, MARSHALL 19.45 REPLACE CH #172373 267766 100714-1 6831.6855 Merchandise for Resale Food and Beverage 19.45 194325 10/20/2017 150838 GULLICKSON HOMES 301.35 10079-OVRPMNT 1825 CLIFF RD 267802 100517 9220.2250 Escrow Deposits Public Utilities 301.35 194326 10/20/2017 100085 HARDWARE HANK 17.95 CHAIN FOR CHAIN SAW 267791 1700231 2242.6231 Mobile Equipment Repair Parts Signs-Installation & Mtn 53.45 CHAIN SAW REPAIR 267790 1709842 2242.6425 Mobile Equipment Repair Labor Signs-Installation & Mtn 53.45 CHAIN SAW REPAIR 267789 1709843 2242.6425 Mobile Equipment Repair Labor Signs-Installation & Mtn .94 UNIT 324 267782 1711080 9001.1415 Inventory - Parts General Fund 19.92 HARDWARE FOR PIPE RACK STP 267800 1717597 6154.6233 Building Repair Supplies South Plant Building 19.12 DUPLICATE KEY 267788 1718084 2201.6220 Operating Supplies - General Gen/Adm-Streets 4.99 HYDRANT REPAIR 267799 1718322 6144.6230 Repair/Maintenance Supplies-Ge Hydrant Maintenance/Repair 31.95 OIL FOR CHAINSAWS 267787 1719027 2272.6235 Fuel, Lubricants, Additives Tree Trimming 30.50 CHAIN SAW REPAIR 267786 1719293 2242.6425 Mobile Equipment Repair Labor Signs-Installation & Mtn 12.98 BLDG CLEANING SUPPLIES 267768 1719439 3106.6223 Building/Cleaning Supplies Structure Care & Maintenance 181.75 EQUIP PARTS 267767 1719602 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 427.00 194327 10/20/2017 102231 HARRELL, TRACY 194.93 NTOA, PHOENIX, AZ 9/20-9/25 267945 092517 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 9Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194327 10/20/2017 102231 HARRELL, TRACY Continued... 194.93 194328 10/20/2017 121622 HASTINGS, CITY OF 7,026.94 GIPSON 9/4-10/1/17 267776 201710058408 9695.6310 Professional Services-General Dakota Co Drug Task Force 2,726.40 Q3 SUPERVISOR DIFFERENTIAL 267775 201710058415 9695.6580 Reimb to Cities & Counties Dakota Co Drug Task Force 9,753.34 194329 10/20/2017 150851 HEILMAN, MICHAEL 113.54 10079-OVRPMNT 1438 PONDEROSA C 267803 100517 9220.2250 Escrow Deposits Public Utilities 113.54 194330 10/20/2017 100860 HOISINGTON KOEGLER GROUP INC. 1,611.25 COMP PLAN UPDATE 267771 16-048-13 0720.6310 Professional Services-General General Admin-Planning & Zonin 1,611.25 194331 10/20/2017 100297 HOLIDAY COMMERCIAL 67.73 FUEL 267770 1400-006-310-71 0-100817 3118.6235 Fuel, Lubricants, Additives Athletic Field Mtn/Setup 6.42 FUEL 267769 1400-006-310-73 7-100817 3118.6235 Fuel, Lubricants, Additives Athletic Field Mtn/Setup 183.95 SQUAD CAR WASHES 267928 1400-006-311-45 8-100817 1104.6354 Car Washes Patrolling/Traffic 258.10 194332 10/20/2017 100627 HOME DEPOT CREDIT SERVICES 29.90 SUPPLIES 267762 2010003 2220.6230 Repair/Maintenance Supplies-Ge Bituminous Surface Maint 11.77 PARTS 267763 4011298 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 18.94 PARTS 267764 8025843 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 60.61 194333 10/20/2017 101708 HONSA LIGHTING SALES & SVC. INC. 107.40 LIGHT BULBS 267784 81515 3313.6233 Building Repair Supplies Fire Buildings 107.40 194334 10/20/2017 141048 HORNSTEIN, CHERYL 1,500.00 MUSIC SECOND FALL INVOICE 267796 2-100917 3057.6320 Instructors Preschool Programs 1,500.00 194335 10/20/2017 144200 HUNTER EMERSON LLC 12,250.00 FIN GUARANTEE REFUND 267777 100917 9001.2250.529 Eagan Car Club fin guarantee General Fund 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 10Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194335 10/20/2017 144200 HUNTER EMERSON LLC Continued... 12,250.00 194336 10/20/2017 149714 HYDROCORP 5,365.00 CROSS CONNECTION CONTROL 267798 0044419-IN 6131.6310 Professional Services-General Water Customer Service 5,365.00 194337 10/20/2017 150756 J & R EQUIPMENT REPAIR INC 262.50 FITNESS EQUIP REPAIR 267804 764250 6807.6232 Small Equipment Repair Parts Fitness Center 262.50 194338 10/20/2017 150862 JACOBSON ENGINEERS-SURVEYORS 16,300.00 FIN GUARANTEE REFUND 267779 101117 9001.2250.545 Future Benerotte fin guar EX General Fund 16,300.00 194339 10/20/2017 104485 JANECKY PLUMBING SERVICE, INC. 170.00 PLUMBING REPAIR 267785 115689 3315.6535 Other Contractual Services City Hall 170.00 PLUMBING REPAIR 267785 115689 6827.6535 Other Contractual Services Building Maintenance 340.00 194340 10/20/2017 150863 JORDAHL, BRENT 102.70 REFUND 267781 530951 3001.2250 Escrow Deposits General/Admn-Recreation 102.70 194341 10/20/2017 120552 KOSKIVICH, JACQUI 320.00 SOR PRESCHOOL CONFERECE 8 STAF 267795 110317 3057.6476 Conferences/Meetings/Training Preschool Programs 320.00 194342 10/20/2017 100061 KRAEMER MINING & MATERIALS INC. 108.86 MAINBREAK FILL 267783 265620 6160.6255 Street Repair Supplies Main Maintenance/Repair 108.86 194343 10/20/2017 119219 LAKEVILLE TROPHY (R) 111.71 PLAQUE 267778 22421 9695.6210 Office Supplies Dakota Co Drug Task Force 111.71 194344 10/20/2017 146769 LAND TITLE INC 171.32 10079-OVRPMNT 4751 BEACON HILL 267801 100517 9220.2250 Escrow Deposits Public Utilities 171.32 194345 10/20/2017 100644 LANGUAGE LINE SERVICES 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 11Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194345 10/20/2017 100644 LANGUAGE LINE SERVICES Continued... 105.17 LANGUAGE LINE-INTERPRETER 267929 4171363 1104.6310 Professional Services-General Patrolling/Traffic 105.17 194346 10/20/2017 100420 LEAGUE OF MINN CITIES INS TRUST 1,000.00 CLAIM GL18459 267772 2994 9591.6386 Insurance Deductible Risk Management 200.00 CLAIM GL40128 267773 2999 9591.6386 Insurance Deductible Risk Management 1,200.00 194347 10/20/2017 102460 LEXINGTON PET CLINIC 18.50 DOG LICENSE SALES 1/1-10/1/17 267797 100117 1110.6325 Vet/Kennel Charge/Animal Dispo Animal Control 18.50 194348 10/20/2017 102070 LITKE, TOM 175.00 PARK SIGNS STAIN 267774 899468 3110.6252 Parks & Play Area Supplies Signage 2,400.00 TLAKE STAINING 267774 899468 3106.6620 Buildings Structure Care & Maintenance 400.00 TLAKE STAINING 267774 899468 2828.6756 Building & Structures Thomas Lake Park 2,975.00 194349 10/20/2017 100111 LOGIS 54,733.00 LOGIS APP SUPPORT MAINT 267793 44237 0301.6350 LOGIS IT Services IT-Gen & Admn 488.00 ACCESSEAGAN NETWORK SERVICES 267793 44237 4002.6350 LOGIS IT Services Fiber capacity project 90.00 VPN TOKENS 267794 44291 0301.6210 Office Supplies IT-Gen & Admn 3,150.00 ONE-TIME LICENSING FEE-LOGIS 267765 44301 0301.6350 LOGIS IT Services IT-Gen & Admn 58,461.00 194350 10/20/2017 149763 LOHMANN, KORRIN 1,500.00 ART BENCH FINAL PAYMENT 267780 101617 3095.6535 Other Contractual Services Art House MRAC Grant 1,500.00 194351 10/20/2017 143145 LYLE SIGNS INC. 901.77 WELCOME TO EAGAN W NEW LOGO 267792 000613096 0901.6210 Office Supplies Gen & Admin-Communications 901.77 194352 10/20/2017 138012 MACHTEMES, AARON 18.00 9/22/17 LUNCH/PARKING 267933 092717 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 4.72 10/1/17 HONOR GUARD LUNCH 267932 100117 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 22.72 194353 10/20/2017 149504 MACQUEEN EMERGENCY GROUP 1,087.37 MACQUEEN-AERIAL MAINT.267823 W00328 1224.6323 Testing Services Engineer 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 12Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194353 10/20/2017 149504 MACQUEEN EMERGENCY GROUP Continued... 1,087.37 194354 10/20/2017 100116 MACQUEEN EQUIP 136.31 RO 138 UNIT 682 267839 P08865 9001.1415 Inventory - Parts General Fund 145.68 UNIT 139 267841 P08888 9001.1415 Inventory - Parts General Fund 78.76 RO 682 UNIT 138 267840 P08895 9001.1415 Inventory - Parts General Fund 360.75 194355 10/20/2017 101876 MADDIO, TAMI 461.59 MN GIS/LIS 10/3-10/9 TAMI 267818 100617 0301.6479 Dues and Subscriptions IT-Gen & Admn 461.59 194356 10/20/2017 114678 MAGUIRE, MIKE 36.51 REPLACE CH #173374 267806 112214-1 0101.6353 Personal Auto/Parking Legislative/Policy Development 70.86 REPLACE CH #173374 11/28/14 267806 112214-1 0101.6476 Conferences/Meetings/Training Legislative/Policy Development 107.37 194357 10/20/2017 100118 MARKS TOWING 75.00 UNIT 308 267838 470258 9001.1415 Inventory - Parts General Fund 155.00 TOW, APPROVED BY LT. PIKE 267930 470986 1104.6538 Towing Charges Patrolling/Traffic 230.00 194358 10/20/2017 100710 METRO COUNCIL ENVIRONMENTAL SVCS 433,179.89 WASTE WATER SERVICE - NOV17 267821 0001072805 6201.6575 MCES Disposal Charges San Sewer-Administration 433,179.89 194359 10/20/2017 100452 METRO VOLLEYBALL OFFICIALS ASN 88.50 WOMEN'S VOLLEYBALL OFFICIALS 267833 101 3042.6327 Sporting Event Officials Adult Volleyball-Women 88.50 CO-REC VOLLEYBALL OFFICIALS 267833 101 3043.6327 Sporting Event Officials Adult Volleyball-Co-Rec 88.50 MEN'S VOLLEYBALL OFFICIALS 267832 104 3041.6327 Sporting Event Officials Adult Volleyball-Men 88.50 WOMEN'S VOLLEYBALL OFFICIALS 267832 104 3042.6327 Sporting Event Officials Adult Volleyball-Women 206.50 CO-REC VOLLEYBALL OFFICIALS 267832 104 3043.6327 Sporting Event Officials Adult Volleyball-Co-Rec 88.50 MEN'S VOLLEYBALL OFFICIALS 267831 109 3041.6327 Sporting Event Officials Adult Volleyball-Men 88.50 WOMEN'S VOLLEYBALL OFFICIALS 267831 109 3042.6327 Sporting Event Officials Adult Volleyball-Women 177.00 CO-REC VOLLEYBALL OFFICIALS 267831 109 3043.6327 Sporting Event Officials Adult Volleyball-Co-Rec 914.50 194360 10/20/2017 100133 MIKES SHOE REPAIR 220.00 UNIFORM BOOTS C1 AND C2 267845 10062017 1221.6224 Clothing/Personal Equipment Administration-Fire 220.00 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 13Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194360 10/20/2017 100133 MIKES SHOE REPAIR Continued... 194361 10/20/2017 113004 MIKLYA, THOMAS 13.84 DAK CTY BLDG INSP MTG 10/4 267834 100417 0812.6477 Local Meeting Expenses Conferences/Training-Prot Insp 13.84 194362 10/20/2017 102753 MINNCOR INDUSTRIES 30.00 RIDLEY BUSINESS CARDS 267825 SOI-060585 0720.6210 Office Supplies General Admin-Planning & Zonin 30.00 SAVER BUSINESS CARDS 267825 SOI-060585 6801.6210 Office Supplies General & Administrative 240.00 BUSINESS CARDS 267824 SOI-063294 0201.6210 Office Supplies General & Admn-Admn 45.00 M.SIPPER BUSINESS CARDS 267809 SOI-063564 3301.6210 Office Supplies General Management 50.00 HR SPECIAL CARD 267809 SOI-063564 1001.6210 Office Supplies General/Admn-Human Resources 45.00 D. KENYON BUSINESS CARDS 267809 SOI-063564 6801.6210 Office Supplies General & Administrative 90.00 BUSINESS CARDS 267808 SOI-063565 0401.6210 Office Supplies General & Admn-City Clerk 530.00 194363 10/20/2017 138393 MINNESOTA DEED 2,625.00 MIF LOAN - CORVIDA 267830 100517 9118.6508 MIF Repayment to State MIF Revolving Loan 2,625.00 194364 10/20/2017 150860 MINNESOTA MOLE 900.00 MOLE TRAPPING 9/17-10/17 267837 15095 3114.6428 Field/Other Equipment Repair-L Turf Mgmt/Enhancement 900.00 194365 10/20/2017 100664 MN CHILD SUPPORT 586.52 PAYROLL ENDING 10/14/17 267757 GARNISHMENT 10/14/17 9592.2030 Ded Pay - Garnishments Benefit Accrual 319.79 PAYROLL ENDING 10/14/17 267758 GARNISHMENT 10/14/17-1 9592.2030 Ded Pay - Garnishments Benefit Accrual 28.24 PAYROLL ENDING 10/14/17 267759 GARNISHMENT 10/14/17-2 9592.2030 Ded Pay - Garnishments Benefit Accrual 230.73 PAYROLL ENDING 10/14/17 267760 GARNISHMENT 10/14/17-3 9592.2030 Ded Pay - Garnishments Benefit Accrual 1,165.28 194366 10/20/2017 100686 MN DEPT OF COMMERCE 80.00 UNCLAIMED PROPERTY 267822 101117 9001.2200 Due to State-Unclaimed Propert General Fund 430.48 UNCLAIMED PROPERTY 267822 101117 9220.2200 Due to State-Unclaimed Propert Public Utilities 510.48 194367 10/20/2017 120087 MN ENERGY RESOURCES CORP 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 14Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194367 10/20/2017 120087 MN ENERGY RESOURCES CORP Continued... 215.37 FIRE STATION 2 267952 0502896570-0000 4-OCT17 3313.6410 Natural Gas Service Fire Buildings 856.28 SOUTH TREATMENT PLANT 267813 0503582559-0000 1-OCT17 6154.6410 Natural Gas Service South Plant Building 20.14 OLD TOWN HALL 267812 0504848982-0000 1-OCT17 3304.6410 Natural Gas Service Bldg/Facilities Maintenance 1,034.66 CIVIC ICE ARENA 267811 0504859971-0000 1-OCT17 6601.6410 Natural Gas Service General/Administrative-Arena 23.70 ART HOUSE 267814 0506085756-0000 1-OCT17 3106.6410 Natural Gas Service Structure Care & Maintenance 105.48 FIRE SAFETY CENTER 267815 0507084666-0000 1-OCT17 3313.6410 Natural Gas Service Fire Buildings 532.12 POLICE 267816 0507280053-0000 1-OCT17 3304.6410 Natural Gas Service Bldg/Facilities Maintenance 52.04 FIRE STATION 5 267953 0507602491-0000 1-OCT17 3313.6410 Natural Gas Service Fire Buildings 818.29 CITY HALL 267810 0507679172-0000 1-OCT17 3304.6410 Natural Gas Service Bldg/Facilities Maintenance 3,658.08 194368 10/20/2017 103029 MN FIRE SERVICE CERTIFICATION BOARD 115.00 OFFICER 1 CERT - VOYE 267844 5168 1223.6320 Instructors Training Fire & EMS 115.00 194369 10/20/2017 100670 MN PIPE EQUIPMENT 143.70 MAINBREAK MATERIALS 267826 0388605 6160.6260 Utility System Parts/Supplies Main Maintenance/Repair 16,625.84 WATER MAIN SUPPLIES 267827 0388944 6160.6260 Utility System Parts/Supplies Main Maintenance/Repair 3,430.05 VALVE MAINTENANCE REPAIR 267828 0388945 6143.6260 Utility System Parts/Supplies Valve Maintenance/Repair 484.18 PRV FITTINGS 267829 0388946 6152.6260 Utility System Parts/Supplies PRS Inspection/Maint/Repair 20,683.77 194370 10/20/2017 138247 MN UI FUND 923.40 MN UNEMPLOYMENT INS 3RD QTR17 267819 07986136-101017 9592.6156 Unemployment Compensation Benefit Accrual 923.40 194371 10/20/2017 121532 MNFIAM BOOK SALES 640.00 OFFICER 1 TEXTBOOKS 267843 2486 1223.6215 Reference Materials Training Fire & EMS 640.00 194372 10/20/2017 145327 MNSPECT LLC 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 15Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194372 10/20/2017 145327 MNSPECT LLC Continued... 2,500.00 10/2/17-10/6/17 267836 7150 0805.6310 Professional Services-General Construction Insp-Field 2,531.25 8/9/17-8/13/17 267835 7159 0805.6310 Professional Services-General Construction Insp-Field 5,031.25 194373 10/20/2017 150833 MOZINGO, TANYA 304.00 CPRP CERTIFICATION 267846 100417 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 304.00 194374 10/20/2017 100146 MTI DISTR CO 265.09 PARKS MOWER PARTS 267842 1143749-00 9001.1415 Inventory - Parts General Fund 265.09 194375 10/20/2017 149716 MUELLER, GREG 1,500.00 ART BENCH FINAL PAYMENT 267820 0000011 3095.6535 Other Contractual Services Art House MRAC Grant 1,500.00 194376 10/20/2017 128624 MULLER, ROBERT 16.06 REPLACE CH #168540 267817 061013-2 3201.6220 Operating Supplies - General Administrative/General 16.06 194377 10/20/2017 149683 NAMEPLATES 330.00 NAME TAGS 267848 396823 0901.6496 Historical Society Gen & Admin-Communications 330.00 194378 10/20/2017 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 10/14/17 267761 101417 9592.2037 Ded Payable-Teamsters DRIVE Benefit Accrual 2.00 194379 10/20/2017 145170 NET TRANSCRIPTS INC. 645.35 16-DC-1519 267858 0013308-IN 9695.6589 Forfeiture Expenditures Dakota Co Drug Task Force 645.35 194380 10/20/2017 142523 NITTI, SCOTT 105.00 WORK PANTS 267850 100517 2201.2115 Clothing Allowance Gen/Adm-Streets 105.00 194381 10/20/2017 139057 NORTH AMERICAN CLEANING CORP 406.00 BLDG CLEANING CONTRACT 267852 115587 3106.6537 Janitorial Service Structure Care & Maintenance 406.00 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 16Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194382 10/20/2017 100454 NORTHERN AIR CORP Continued... 2,195.24 HVAC REPAIR 267849 140110 3315.6535 Other Contractual Services City Hall 2,195.24 194383 10/20/2017 148161 NORTHLAND SECURITIES INC. 3,746.25 NE EAGAN - RAMP & LODGING TAX 267854 5074 0720.6310 Professional Services-General General Admin-Planning & Zonin 3,746.25 194384 10/20/2017 144586 NU LOOK EXTERIORS INC. 8,250.00 TLAKE NU LOOK CIP 267853 13294 2828.6756 Building & Structures Thomas Lake Park 8,250.00 194385 10/20/2017 143383 OERTEL ARCHITECTS 1,723.88 ARCH SVCS FOR PHASE I 267867 25-100317 9355.6713 Project - Outside Engineering MAINTENANCE FACILITY EXPANSION 1,723.88 194386 10/20/2017 108599 OFFICE DEPOT, INC. 28.99 MISC OFFICE SUPPLIES 267865 965241728001 1221.6210 Office Supplies Administration-Fire 129.98 WHITEBOARD ST 1 267864 965241866001 1221.6210 Office Supplies Administration-Fire 10.52 MISC OFFICE SUPPLIES 267866 965241867001 1221.6210 Office Supplies Administration-Fire 9.99 OFFICE SUPPLIES 267868 967190900001 0301.6210 Office Supplies IT-Gen & Admn 14.99 OFFICE SUPPLIES 267868 967190900001 1001.6210 Office Supplies General/Admn-Human Resources 16.99 OFFICE SUPPLIES 267868 967190900001 9001.2250 Escrow Deposits General Fund 18.09 OFFICE SUPPLIES 267868 967190900001 2010.6220 Operating Supplies - General General Engineering 24.58 OFFICE SUPPLIES 267868 967190900001 0401.6210 Office Supplies General & Admn-City Clerk 30.98 OFFICE SUPPLIES 267868 967190900001 0201.6210 Office Supplies General & Admn-Admn 44.38 OFFICE SUPPLIES 267868 967190900001 0726.6210 Office Supplies Sign Administration 56.19 OFFICE SUPPLIES 267868 967190900001 0820.6210 Office Supplies General/Admn-Housing 62.38 OFFICE SUPPLIES 267868 967190900001 0501.6210 Office Supplies General & Admn-Finance 128.35 OFFICE SUPPLIES 267868 967190900001 3001.6210 Office Supplies General/Admn-Recreation 29.99 OFFICE SUPPLIES 267868 967190900001 6601.6210 Office Supplies General/Administrative-Arena 25.99 OFFICE SUPPLIES 267868 967190900001 6801.6210 Office Supplies General & Administrative 34.99 J STRID CALENDAR 267870 967190900002 0720.6210 Office Supplies General Admin-Planning & Zonin 29.39-OFFICE SUPPLIES 267869 967371829001 0201.6210 Office Supplies General & Admn-Admn 17.09 OFFICE SUPPLIES 267944 967419537001 1107.6210 Office Supplies Support Services 47.92 OFFICE SUPPLIES 267943 967419591001 1107.6210 Office Supplies Support Services 51.84 OFFICE SUPPLIES 267942 967544776001 1107.6210 Office Supplies Support Services 18.25 OFFICE SUPPLIES 267871 967816692001 0501.6210 Office Supplies General & Admn-Finance 18.26 OFFICE SUPPLIES 267871 967816692001 3001.6210 Office Supplies General/Admn-Recreation 39.46 OFFICE SUPPLIES 267871 967816692001 0201.6210 Office Supplies General & Admn-Admn 5.26 OFFICE SUPPLIES 267872 968571055001 0401.6210 Office Supplies General & Admn-City Clerk 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 17Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194386 10/20/2017 108599 OFFICE DEPOT, INC.Continued... 9.99 OFFICE SUPPLIES 267872 968571055001 0501.6210 Office Supplies General & Admn-Finance 24.79 OFFICE SUPPLIES 267872 968571055001 2010.6220 Operating Supplies - General General Engineering 25.99 OFFICE SUPPLIES 267872 968571055001 0201.6210 Office Supplies General & Admn-Admn 34.98 OFFICE SUPPLIES 267872 968571055001 0820.6210 Office Supplies General/Admn-Housing 80.76 OFFICE SUPPLIES 267872 968571055001 3301.6210 Office Supplies General Management 101.36 OFFICE SUPPLIES 267872 968571055001 3001.6210 Office Supplies General/Admn-Recreation 17.99 OFFICE SUPPLIES 267874 968571055002 0901.6210 Office Supplies Gen & Admin-Communications 14.99 OFFICE SUPPLIES 267873 968571133001 0401.6210 Office Supplies General & Admn-City Clerk 10.39 OFFICE SUPPLIES 267875 968571134001 0401.6210 Office Supplies General & Admn-City Clerk 14.99 OFFICE SUPPLIES 267876 968571135001 3001.6210 Office Supplies General/Admn-Recreation 64.39 TM KEYBOARD AND MOUSE 267879 968731738001 3001.6660 Office Furnishings & Equipment General/Admn-Recreation 2.83 OFFICE SUPPLIES 267877 968765346001 0201.6210 Office Supplies General & Admn-Admn 2.83 OFFICE SUPPLIES 267877 968765346001 3001.6210 Office Supplies General/Admn-Recreation 17.82 OFFICE SUPPLIES 267877 968765346001 0501.6210 Office Supplies General & Admn-Finance 18.40 OFFICE SUPPLIES 267877 968765346001 0401.6210 Office Supplies General & Admn-City Clerk 34.48 OFFICE SUPPLIES 267877 968765346001 0820.6210 Office Supplies General/Admn-Housing 51.69 OFFICE SUPPLIES 267877 968765346001 0720.6210 Office Supplies General Admin-Planning & Zonin 29.79 OFFICE SUPPLIES 267878 969329689001 0720.6210 Office Supplies General Admin-Planning & Zonin 115.56 3 HOLE PUNCH 267878 969329689001 0501.6210 Office Supplies General & Admn-Finance 25.99 OFFICE SUPPLIES 267878 969329689001 6601.6210 Office Supplies General/Administrative-Arena 1,536.08 194387 10/20/2017 142605 OLEARY, ALEXANDRA 167.99 MILEAGE REIMB - MNGFOA CONF 267856 092917 0501.6476 Conferences/Meetings/Training General & Admn-Finance 167.99 194388 10/20/2017 144492 OSBERG, DAVE 81.00 JURY DUTY MILEAGE REIMB 267855 092517 9001.2250 Escrow Deposits General Fund 81.00 194389 10/20/2017 100653 PARADISE CAR WASH 262.80 SQUAD CAR WASHES 267939 52020-100517 1104.6354 Car Washes Patrolling/Traffic 262.80 194390 10/20/2017 149331 PARISI, JULIET 325.00 PARISI-ARTDOORS SECOND HALF 267863 092517 3097.6535 Other Contractual Services MRAC Community Art Grant 13-14 325.00 194391 10/20/2017 115253 PELLICCI ACE HARDWARE 9.46 PR STATIONS 267860 16379 /E 6152.6260 Utility System Parts/Supplies PRS Inspection/Maint/Repair 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 18Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194391 10/20/2017 115253 PELLICCI ACE HARDWARE Continued... 6.99 STRING LINE FOR PAVING 267851 16404/E 2220.6255 Street Repair Supplies Bituminous Surface Maint 16.45 194392 10/20/2017 101384 PIKE, DUANE R. 15.50 CAMP RIPLEY BKFST 10/4/17 267934 100417 1101.6476 Conferences/Meetings/Training General/Admn-Police 15.50 194393 10/20/2017 100307 PILOT KNOB ANIMAL HOSP 18.50 DOG LICENSE SALES 1/1-10/1/17 267862 100117 1110.6325 Vet/Kennel Charge/Animal Dispo Animal Control 18.50 194394 10/20/2017 119879 PIONEER MANUFACTURING COMPANY 1,643.75 LINING PAINT 267859 INV659056 3118.6251 Athletic Field Supplies Athletic Field Mtn/Setup 1,643.75 194395 10/20/2017 142636 PLUTA, SARA 61.97 MN GIS/LIS CONF 10/4-10/6/17 267857 100617 2401.6476 Conferences/Meetings/Training Gen/Adm-Central Services 61.97 194396 10/20/2017 107142 PSC ALLIANCE, INC. 8,700.25 PROF SVCS FOR 2-WAY RADIO SYS 267847 20009842 3524.6310 P1246 Professional Services-General Equip Rev Fd-Dept 24 8,700.25 194397 10/20/2017 147181 PYKE, SCOTT 108.96 10079-OVRPMNT 4302 BRADDOCK TR 267861 100517 9220.2250 Escrow Deposits Public Utilities 108.96 194398 10/20/2017 100361 R & R SPECIALTIES INC 35.50 BLADES SHARPENED 267880 0063225-IN 6602.6230 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 35.50 194399 10/20/2017 143557 RANDSTAD (R) 726.99 EVID TECH 10/1-10/7/17 267887 R21915495 9695.6561 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 726.99 194400 10/20/2017 115143 RCM SPECIALTIES, INC. 158.60 TACK OIL 267881 6348 2220.6255 Street Repair Supplies Bituminous Surface Maint 158.60 194401 10/20/2017 110070 RDO EQUIPMENT CO. 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 19Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194401 10/20/2017 110070 RDO EQUIPMENT CO.Continued... 65.98 POLE FOR POLE SAW 267882 P27477 3222.6240 Small Tools Equipment Mtn 65.98 194402 10/20/2017 148694 REINDERS INC. 11,890.20 GOAT #1 CIP FERTILZER 267883 3049979-00 2822.6757 Seeding Goat Hill Park 11,890.20 194403 10/20/2017 150864 ROMSAAS, RHETT 200.00 RHETT RAMOS --- NEG TRNG 267888 101717 1104.6320 Instructors Patrolling/Traffic 200.00 194404 10/20/2017 121398 ROSETH, DAN 51.01 GASOLINE GOING TO TRAINING 267935 101317 1104.6353 Personal Auto/Parking Patrolling/Traffic 51.01 194405 10/20/2017 102401 RUNDQUIST, BRIAN 27.44 REPLACE CH #173254 267884 110414-1 1104.6353 Personal Auto/Parking Patrolling/Traffic 27.44 194406 10/20/2017 102748 SCIPIONI, CINDY 53.97 CLERICAL CLOTHING-SHOES 267936 101117 1107.6224 Clothing/Personal Equipment Support Services 53.97 194407 10/20/2017 100187 SEH 26,591.00 DESIGN AND SURVEY 267885 339560 8225.6713 Project - Outside Engineering P1225 Northwest Park Way Exten 27,241.49 PROJECT REPRESENTATIVE AND ADM 267886 339562 8225.6713 Project - Outside Engineering P1225 Northwest Park Way Exten 53,832.49 194408 10/20/2017 149647 SHETLER SI INC 97.88 SECURITY OFFICER 267889 1015662 6847.6535 Other Contractual Services Security 97.88 SECURITY OFFICER 267890 1015832 6847.6535 Other Contractual Services Security 195.76 194409 10/20/2017 145309 SIMPSON CO INC., M.E. 18,055.00 LARGE METER CALIBRATION 267891 30571 6164.6630 Other Improvements Meter Testing 18,055.00 194410 10/20/2017 147953 SITEONE LANDSCAPE SUPPLY LLC 69.39 EQUIP PARTS 267892 82847990 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 69.39 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 20Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194410 10/20/2017 147953 SITEONE LANDSCAPE SUPPLY LLC Continued... 194411 10/20/2017 125475 SMARTE CARTE INC. 484.48 LOCKER PROFIT SHARE 267893 CP00116670-01 6714.6855 Merchandise for Resale Merchandise Sales 484.48 194412 10/20/2017 150850 SMITH, DAVID 194.06 10079-OVRPMNT 1203 CARLSON LAK 267894 100517 9220.2250 Escrow Deposits Public Utilities 194.06 194413 10/20/2017 143029 SOUTH METRO SPORTS 23.00 D. HOLTZ CLOTHING-PANTS 267898 080117-HOLTZ 6201.2115 Clothing Allowance San Sewer-Administration 49.00 E. FRUELICH CLOTHING TSHIRTS 267897 092217-FRUELICH 6101.2115 Clothing Allowance Water -Administration 115.00 D. HOLTZ CLOTHING JACKET 267895 092217-HOLTZ 6201.2115 Clothing Allowance San Sewer-Administration 49.00 E. MORRIS CLOTHING TSHIRTS 267896 092217-MORRIS 6201.2115 Clothing Allowance San Sewer-Administration 236.00 194414 10/20/2017 100197 SOUTH RIVER HEATING COOLING 185.75 HVAC REPAIR 267899 17-17630 3316.6535 Other Contractual Services Police 185.75 194415 10/20/2017 142767 STANTEC CONSULTING SERVICES INC 8,592.50 ENGINEERING SERVICES SKATE PAR 267900 1261096 2850.6751 Design & Engineering (External HUD Athletic Site 8,592.50 194416 10/20/2017 121089 STEININGER INC., MAX 262.40 CONC DISPOSAL 267901 10001688MB 2220.6255 Street Repair Supplies Bituminous Surface Maint 262.40 194417 10/20/2017 150861 STERGION, JASON 500.00 FIN GUARANTEE REFUND 267906 101317 9001.2250.680 1475 Pinetree Tr fin guarantee General Fund 500.00 194418 10/20/2017 150858 STRONG, TONYA 57.65 10026-OVRPMNT 4275 STIRRUP ST 267902 092617 9220.2250 Escrow Deposits Public Utilities 57.65 194419 10/20/2017 107307 SVL SERVICE CORPORATION 3,560.00 HVAC REPAIR 267903 170711-011 6827.6535 Other Contractual Services Building Maintenance 3,560.00 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 21Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194420 10/20/2017 134135 THOMSON REUTERS Continued... 225.75 CLEAR THOMSON REUTERS 267940 836923080 1105.6457 Machinery & Equipment-Rental Investigation/Crime Prevention 225.75 194421 10/20/2017 107864 TILLEY, MEG 50.00 REPLACE CH #173690 267904 112214-1 0101.6476 Conferences/Meetings/Training Legislative/Policy Development 50.00 194422 10/20/2017 146452 TIMM, MELISSA 35.31 M. TIMM MILEAGE 9/18-10/13/17 267907 101317 0401.6353 Personal Auto/Parking General & Admn-City Clerk 35.31 194423 10/20/2017 109089 TRU GREEN CHEMLAWN 1,624.00 CONTRACT WEED CONTROL 267905 74126149 3113.6535 Other Contractual Services Non-Park Turf Maintenance 1,624.00 194424 10/20/2017 120163 ULINE INC. 840.00 PROPANE STORAGE 267909 90565669 6146.6233 Building Repair Supplies North Plant Building 40.00-CREDIT FOR FREIGHT 267908 90714585 6146.6233 Building Repair Supplies North Plant Building 800.00 194425 10/20/2017 146825 UNIVERSAL SERVICES INC 16,872.70 AE LATERAL FOR SHAW-LUNDQUIST.267910 17822 4002.6756 Building & Structures Fiber capacity project 16,872.70 194426 10/20/2017 100464 VALLEY-RICH COMPANY INC 4,739.99 MAINBREAK REPAIR 267911 24705 6160.6432 Utility System Repair-Labor Main Maintenance/Repair 4,739.99 194427 10/20/2017 100314 VASQUEZ, LYNN 80.00 REPLACE CH #176029 267912 040615-1 1107.6224 Clothing/Personal Equipment Support Services 80.00 194428 10/20/2017 100912 VERIZON WIRELESS, BELLEVUE 28.65 CELL PHONES 267931 9793937128 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 28.65 CELL PHONES 267931 9793937128 3301.6355 Cellular Telephone Service General Management 50.84 CELL PHONES 267931 9793937128 1001.6355 Cellular Telephone Service General/Admn-Human Resources 60.84 CELL PHONES 267931 9793937128 0501.6355 Cellular Telephone Service General & Admn-Finance 60.99 CELL PHONES 267931 9793937128 3170.6355 Cellular Telephone Service General AdmIn-Parks 101.68 CELL PHONES 267931 9793937128 0201.6355 Cellular Telephone Service General & Admn-Admn 122.01 CELL PHONES 267931 9793937128 3201.6355 Cellular Telephone Service Administrative/General 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 22Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194428 10/20/2017 100912 VERIZON WIRELESS, BELLEVUE Continued... 152.52 CELL PHONES 267931 9793937128 0901.6355 Cellular Telephone Service Gen & Admin-Communications 254.20 CELL PHONES 267931 9793937128 0720.6355 Cellular Telephone Service General Admin-Planning & Zonin 326.85 CELL PHONES 267931 9793937128 2201.6355 Cellular Telephone Service Gen/Adm-Streets 371.92 CELL PHONES 267931 9793937128 3170.6355 Cellular Telephone Service General AdmIn-Parks 384.53 CELL PHONES 267931 9793937128 0805.6355 Cellular Telephone Service Construction Insp-Field 438.28 CELL PHONES 267931 9793937128 2010.6355 Cellular Telephone Service General Engineering 482.53 CELL PHONES 267931 9793937128 3001.6355 Cellular Telephone Service General/Admn-Recreation 656.71 CELL PHONES 267931 9793937128 1221.6355 Cellular Telephone Service Administration-Fire 743.34 CELL PHONES 267931 9793937128 0301.6355 Cellular Telephone Service IT-Gen & Admn 3,291.16 CELL PHONES 267931 9793937128 1108.6355 Cellular Telephone Service Communications 203.36 CELL PHONES 267931 9793937128 9701.6355 Cellular Telephone Service PEG-eligible 101.68 CELL PHONES 267931 9793937128 6128.6355 Cellular Telephone Service CMMS - Utilities 152.52 CELL PHONES 267931 9793937128 6501.6355 Cellular Telephone Service G/A - Water Quality 464.91 CELL PHONES 267931 9793937128 6201.6355 Cellular Telephone Service San Sewer-Administration 1,162.64 CELL PHONES 267931 9793937128 6101.6355 Cellular Telephone Service Water -Administration 152.52 CELL PHONES 267931 9793937128 6601.6355 Cellular Telephone Service General/Administrative-Arena 50.84 CELL PHONES 267931 9793937128 6716.6355 Cellular Telephone Service General Administration 87.04 CELL PHONES 267931 9793937128 6801.6355 Cellular Telephone Service General & Administrative 310.83 CELL PHONES 267931 9793937128 9225.6355 Cellular Telephone Service Fiber Infrastructure Fund 10,242.04 194429 10/20/2017 106655 WATRY, PAUL 151.28 WORK CLOTHES 2 PANTS/5 SHIRTS 267915 101517 3170.2115 Clothing Allowance General AdmIn-Parks 151.28 194430 10/20/2017 148251 WINNESOTA REGIONAL TRANSPORTATION LLC 53.84 COURIER SERVICE ON 9-22-17 267913 77733 0901.6535 Other Contractual Services Gen & Admin-Communications 53.84 194431 10/20/2017 113897 WORKING WORDS 635.00 E-BIZ COPY 267916 EBN-067 0903.6310 Professional Services-General Eagan Business News 635.00 194432 10/20/2017 104542 WSB & ASSOCIATES, INC. 15,748.50 FEAS STUDY & CONCEPT LAYOUTS 267922 16-0-002084-120 -100217 8189.6713 Project - Outside Engineering P1189 CG area landscape monume 1,324.00 QUARRY PARK DESIGN 267914 1-R-010695-000- 100217 2803.6751 Design & Engineering (External Quarry Park 2,349.00 OHMANN DESIGN 267921 3-R-010260-000- 100217 2849.6751 Design & Engineering (External Ohmann Park 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 23Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194432 10/20/2017 104542 WSB & ASSOCIATES, INC.Continued... 1,239.75 PROF SVCS FOR CMF LANDSCAPING 267923 4-0-002084-200- 100217 9355.6713 Project - Outside Engineering MAINTENANCE FACILITY EXPANSION 2,141.75 LANDSCAPE DESIGN, PROJECT MANA 267925 6-0-001380-280- 100317 8245.6713 Project - Outside Engineering P1245 Quarry Rd 22,803.00 194433 10/20/2017 101755 XCEL ENERGY 888.92 SIGNALS 267946 51-6563386-3-10 0417 6301.6407 Electricity-Signal Lights Street Lighting 888.92 194434 10/20/2017 101755 XCEL ENERGY 23.36 KNOX STORM LIFT STATION 267947 51-6563388-5-10 0417 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 70.97 HWY 55 STORM 267947 51-6563388-5-10 0417 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 94.33 194435 10/20/2017 101755 XCEL ENERGY 11.80 SKYLINE RD HOCKEY RINK 267948 51-6563384-1-10 0417 3104.6405 Electricity Site Amenity Installation 11.80 MCKEE ST ICE RINK LIGHTS 267948 51-6563384-1-10 0417 3104.6405 Electricity Site Amenity Installation 122.99 QUARRY PARK 267948 51-6563384-1-10 0417 3106.6405 Electricity Structure Care & Maintenance 146.59 194436 10/20/2017 101755 XCEL ENERGY 1,958.95 WELL #6 267949 51-6563389-6-10 0917 6148.6409 Electricity-Wells/Booster Stat North Well Field 2,387.57 WELL #17 267949 51-6563389-6-10 0917 6148.6409 Electricity-Wells/Booster Stat North Well Field 3,332.31 WELL #16 267949 51-6563389-6-10 0917 6148.6409 Electricity-Wells/Booster Stat North Well Field 3,344.02 WELL #7 267949 51-6563389-6-10 0917 6148.6409 Electricity-Wells/Booster Stat North Well Field 11,022.85 194437 10/20/2017 101755 XCEL ENERGY 13.31 ALEXANDER LIFT STATION 267950 51-6563387-4-10 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 24Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194437 10/20/2017 101755 XCEL ENERGY Continued... 0917 298.45 HWY 55 SAN 267950 51-6563387-4-10 0917 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 311.76 194438 10/20/2017 101755 XCEL ENERGY 2,718.60 STREET LITES 267951 51-6563390-9-10 0317 6301.6406 Electricity-Street Lights Street Lighting 2,718.60 194439 10/20/2017 150836 XIONG, KAO 40.00 KAO XIONG - VOLUNTEER PICNIC 267924 1015 3001.6475 Miscellaneous General/Admn-Recreation 40.00 194440 10/20/2017 150842 ZAMBON, SHANON 106.93 10079-OVRPMNT 1340 AVALON AVE 267918 100517 9220.2250 Escrow Deposits Public Utilities 106.93 194441 10/20/2017 102230 ZARNOTH BRUSH WORKS, INC. 2,008.00 SWEEPER SIDE BROOMS 267917 0166883-IN 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 2,008.00 194442 10/20/2017 100246 ZEP MFG CO 396.80 SHOP CLEANING SUPPLIES 267919 9003008391 2401.6240 Small Tools Gen/Adm-Central Services 92.38 HAND CLEANER 267920 9003010336 2401.6241 Shop Materials Gen/Adm-Central Services 489.18 20170329 10/20/2017 100693 EAGAN PAYROLL ACCT 646,860.29 PAYROLL ENDING 10/14/17 267960 101917 9001.1115 Claim on Cash General Fund 11,366.22 PAYROLL ENDING 10/14/17 267960 101917 9197.1115 Claim on Cash ETV 69,773.13 PAYROLL ENDING 10/14/17 267960 101917 9220.1115 Claim on Cash Public Utilities 18,034.82 PAYROLL ENDING 10/14/17 267960 101917 9221.1115 Claim on Cash Civic Arena 3,407.52 PAYROLL ENDING 10/14/17 267960 101917 9222.1115 Claim on Cash Cascade Bay 32,252.70 PAYROLL ENDING 10/14/17 267960 101917 9223.1115 Claim on Cash Central Park/Community Center 3,698.90 PAYROLL ENDING 10/14/17 267960 101917 9225.1115 Claim on Cash Fiber Infrastructure Fund 41,757.83 PAYROLL ENDING 10/14/17 267960 101917 9592.6144 FICA Benefit Accrual 69,259.80 PAYROLL ENDING 10/14/17 267960 101917 9592.1115 Claim on Cash Benefit Accrual 896,411.21 20171016 10/20/2017 138388 VANCO SERVICES LLC 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 25Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20171016 10/20/2017 138388 VANCO SERVICES LLC Continued... 231.18 SEPTEMBER 2017 267954 0000844640 6101.6535 Other Contractual Services Water -Administration 231.18 20172521 10/20/2017 115374 MN STATE RETIREMENT SYSTEM-HCSP 19,598.14 EMPLOYEE CONTRIBUTIONS 267955 101917 9592.2034 Ded Payable-HCSP Benefit Accrual 19,598.14 20173221 10/20/2017 138969 MN STATE RETIREMENT SYSTEM-MNDCP 13,100.46 EMPLOYEE CONTRIBUTIONS 267956 101917 9592.2032 Ded Pay - Great West Def Comp Benefit Accrual 13,100.46 20174221 10/20/2017 100892 ICMA RETIREMENT TRUST 40,313.73 EMPLOYEE CONTRIBUTIONS 267957 101917 9592.2031 Ded Pay - ICMA Benefit Accrual 40,313.73 20175660 10/20/2017 147907 SELECT ACCOUNT 5,447.93 FLEX REIMBURSEMENT 267958 101917 9592.2215 Flex Plan Withholding Payable Benefit Accrual 5,447.93 20178021 10/20/2017 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PERIOD 10/1-10/14/17 267959 434600-102017 9592.6146 PERA - DCP Benefit Accrual 37,658.42 PAYROLL PERIOD 10/1-10/14/17 267959 434600-102017 9592.6142 PERA - Coordinated Benefit Accrual 47,770.78 PAYROLL PERIOD 10/1-10/14/17 267959 434600-102017 9592.6143 PERA - Police Benefit Accrual 64,561.43 PAYROLL PERIOD 10/1-10/14/17 267959 434600-102017 9592.2013 Ded Payable - PERA Benefit Accrual 150,067.59 10/19/2017City of Eagan 15:42:31R55CKR2LOGIS101 26Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/20/201710/16/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20170184 10/20/2017 100249 FIT 122,735.97 PAYROLL ENDING 10/14/17 267961 102017 9880.2011 Ded Payable - FIT Payroll 122,735.97 20170185 10/20/2017 100250 COMMISIONER OF REVENUE-PAYROLL 32,492.69 PAYROLL ENDING 10/14/17 267962 102017 9880.2012 Ded Payable - SIT Payroll 32,492.69 20170186 10/20/2017 100252 FICA 30,212.03 PAYROLL ENDING 10/14/17 267963 102017 9880.2014 Ded Payable - FICA Payroll 30,212.03 20170187 10/20/2017 100253 MEDICARE 11,545.80 PAYROLL ENDING 10/14/17 267964 102017 9880.2015 Ded Payable - Medicare Payroll 11,545.80 20170188 10/20/2017 147368 MN DEPT OF REVENUE - TAX LEVY 515.98 PAYROLL ENDING 10/14/17 267965 102017 9880.2030 Ded Pay - Garnishments Payroll 515.98 2,636,820.88 Grand Total Payment Instrument Totals Checks 2,636,820.88 Total Payments 2,636,820.88 10/19/2017City of Eagan 15:42:37R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 10/20/201710/16/2017 - Company Amount 1,005,231.0309001GENERAL FUND 556.5109116CEDAR GROVE PARKING GARAGE 2,625.0009118MIF REVOLVING LOAN 11,569.5809197ETV 589,693.6009220PUBLIC UTILITIES 27,319.0009221CIVIC ARENA 3,942.8409222CASCADE BAY 36,216.0509223CENTRAL PARK /COMMUNITY CENTER 21,705.2309225FIBER INFRASTRUCTURE FUND 268,917.9609328PARK SYS DEV AND R&R 1,292.5009334CEDARVALE/HWY 13 TIF 8,700.2509335EQUIPMENT REVOLVING 1,466.67-09337 COMMUNITY INVESTMENT 2,963.6309355MAINTENANCE FACILITY EXPANSION 91,774.4609372REVOLVING SAF-CONSTRUCTION 1,200.0009591RISK MANAGEMENT 342,496.1609592BENEFIT ACCRUAL 24,581.2809695DAK CO DRUG TASK FORCE 197,502.4709880PAYROLL Report Totals 2,636,820.88 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 2Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194451 10/27/2017 100360 APPLE FORD LINCOLN APPLE VALLEY Continued... 2,277.09 194452 10/27/2017 100015 BACHMANS INC 194.75 DEERWOOD ARBOR DAY TREE 268138 810270/50 3215.6630 Other Improvements Landscape Planting-Non-park 194.75 194453 10/27/2017 150873 BAILEY, ADIN 500.00 FIN GUARANTEE REFUND 268146 102317 9001.2250.684 3935 Blackhawk Rd fin guarante General Fund 500.00 194454 10/27/2017 142024 BASER & PL UMPIRES 308.00 MEN'S SOFTBALL UMPIRES 268147 100917 3048.6327 Sporting Event Officials Adult Softball-Men 308.00 194455 10/27/2017 100016 BAUER BUILT 8,268.00 SNOW TIRES SQUADS 268139 180218515 9001.1415 Inventory - Parts General Fund 422.56 UNIT 151 RO 714 268140 180220806 9001.1415 Inventory - Parts General Fund 8,690.56 194456 10/27/2017 148777 BLACK & VEATCH CORPORATION 2,285.00 SANITARY MASTER PLANNING 268141 :1256198 6206.6310 C1122 Professional Services-General Preparation/ Research/ Writing 2,285.00 194457 10/27/2017 121444 BLUE CROSS AND BLUE SHIELD OF MINNESOTA 50,146.42 NOVEMBER 2017 PREMIUM 268148 171002037760 9592.2017 Ded Payable-Insurance BCBS Benefit Accrual 237,329.98 NOVEMBER 2017 PREMIUM 268148 171002037760 9592.6151 Health Insurance Benefit Accrual 287,476.40 194458 10/27/2017 143561 BLUE TARP FINANCIAL 212.31 LIGHTS FOR MOWERS 268335 38878289 3128.6231 Mobile Equipment Repair Parts Vehicle Maintenance 212.31 194459 10/27/2017 131767 BOLTON & MENK INC. 2,890.00 CARLSON LK STORM - ENG 268142 0209050 6439.6630 P1249 Other Improvements Lift Station Maintenanc/Repair 4,269.00 APOLLO LS IMPROVEMENT 268143 209052 6439.6630 P1253 Other Improvements Lift Station Maintenanc/Repair 7,159.00 194460 10/27/2017 100024 BRAUN INTERTEC 1,218.50 BRIDLE BLDG BRAUN CONTRACT 268144 B107671 2846.6710 Project - Contract Bridle Ridge Park 8,366.50 SOIL AND CONCRETE TESTING 268145 B108004 8225.6713 Project - Outside Engineering P1225 Northwest Park Way Exten 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 3Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194460 10/27/2017 100024 BRAUN INTERTEC Continued... 9,585.00 194461 10/27/2017 100342 BROCK WHITE CO 58.68 STORM REPAIR 268340 12844748-00 6449.6260 Utility System Parts/Supplies Manhole Insp/Mtn/Repair 58.68 194462 10/27/2017 121788 CAMPBELL KNUTSON PROFESSIONAL ASSOC. (R) 292.00 20% FORFEITURE PROCEEDS 268154 102417 9695.2193 Due to Local Govt Dakota Co Drug Task Force 292.00 194463 10/27/2017 126289 CBIZ BENEFITS & INSURANCE SERVICES INC. 157.88 CBIZ ADVISORY FEE Q3 268149 1661 9592.6536 Flex Plan Administration Fee Benefit Accrual 157.88 194464 10/27/2017 150881 COLLETTE, CHRIS 49.83 10142-OVRPMNT 786 CAMBERWELLDR 268150 101917 9220.2250 Escrow Deposits Public Utilities 49.83 194465 10/27/2017 142286 COMCAST 52.80 MONTHY DUES 10/18-11/17/17 268155 877210508072454 1-100817 6603.6357 Advertising/Publication Building Repair & Maint. 52.80 194466 10/27/2017 100038 COMMERCIAL ASPHALT 235.88 BIT MIX FOR PATCHING 268334 171015 2220.6255 Street Repair Supplies Bituminous Surface Maint 918.69 ASPHALT 268334 171015 6160.6255 Street Repair Supplies Main Maintenance/Repair 1,154.57 194467 10/27/2017 150888 COOPER, KATHLEEN 26.37 10142-OVRPMNT 4159 BEAVER DAM 268151 101917 9220.2250 Escrow Deposits Public Utilities 26.37 194468 10/27/2017 150880 CORE & MAIN LP 22,272.00 METER EXCHANGE 268333 H919902 6161.6630 Other Improvements Meter Replacement 22,272.00 194469 10/27/2017 146281 CORNERSTONE PARKING GROUP INC. 1,511.30 RELIABLE INVOICE 268152 1459 9116.6535 Other Contractual Services Cedar Grove Parking Garage 1,511.30 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 4Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194470 10/27/2017 144270 COVERTTRACK GROUP INC. (R)Continued... 600.00 D39250 SUBSCRIPTION 268156 4273 9695.1431 Prepaid Expenses - Current Dakota Co Drug Task Force 600.00 194471 10/27/2017 100043 CUB FOODS 24.30 CUBDAKOTAWOODLANDS 268339 101117 3072.6227 Recreation Equipment/Supplies CDBG - Youth 24.30 194472 10/27/2017 113795 CULLIGAN 447.85 SOFTNER SALT 268153 658740 6602.6244 Chemicals & Chemical Products Equipment Repair & Maint. 447.85 194473 10/27/2017 102141 DAK CTY SHERIFF'S OFFICE 4,602.25 Q3 2017 SUPERVISOR DIFFERENTIA 268168 2017-Q3 SGT DIFF 9695.6580 Reimb to Cities & Counties Dakota Co Drug Task Force 4,602.25 194474 10/27/2017 110921 DAKOTA AWARDS & ENGRAVING 6.00 PAR TAGS - ITEN 268157 17629 1225.6224 Clothing/Personal Equipment Fire / EMS Equipment 6.00 194475 10/27/2017 119693 DAKOTA COUNTY ATTORNEY'S OFFICE (R) 3,723.85 20% FORFEITURE PROCEEDS 268169 102417 9695.2192 Due to County Govt Dakota Co Drug Task Force 3,723.85 194476 10/27/2017 100050 DAKOTA ELECTRIC 20.82 OLD TOWN HALL 267966 100749-1-SEP17 3304.6405 Electricity Bldg/Facilities Maintenance 58.42 CARLSON LAKE SAN 267967 102339-9-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 31.84 SOUTHERN HILLS TOWER 267968 103460-2-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 186.69 FIRE STATION 1 267969 107460-8-SEP17 3313.6405 Electricity Fire Buildings 3,232.90 FIRE SAFETY CENTER 267970 108247-8-SEP17 3313.6405 Electricity Fire Buildings 1,945.12 PUBLIC WORKS GARAGE 268057 110986-7-SEP17 3304.6405 Electricity Bldg/Facilities Maintenance 38.49 YANKEE DOODLE WATER TANK RSVR 267971 112682-0-SEP17 6146.6409 Electricity-Wells/Booster Stat North Plant Building 242.66 LONE OAK SAN 267973 112832-1-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 688.13 WELL #1 268058 112885-9-SEP17 6146.6409 Electricity-Wells/Booster Stat North Plant Building 777.43 CARLSON LAKE STORM 267974 122797-4-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 130.60 WELL #2 268059 124865-7-SEP17 6146.6409 Electricity-Wells/Booster Stat North Plant Building 3,718.76 MUNICIPAL CENTER 268060 127189-9-SEP17 3304.6405 Electricity Bldg/Facilities Maintenance 22.97 BLACKHAWK COVE SAN 267975 127325-9-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 278.98 RAHN PARK 267976 132778-2-SEP17 3106.6405 Electricity Structure Care & Maintenance 348.72 LEX STORM STATION 267977 133789-8-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 5Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194476 10/27/2017 100050 DAKOTA ELECTRIC Continued... 21.47 ZOO METER 267978 136873-7-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 21,688.46 WELL #4/TREATMENT PLANT 268061 137781-1-SEP17 6146.6409 Electricity-Wells/Booster Stat North Plant Building 752.81 LODGEPOLE CT SECURITY LITES 267979 138267-0-SEP17 3106.6405 Electricity Structure Care & Maintenance 315.71 CLIFF BOOSTER STATION 267980 139958-3-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 102.31 LEXINGTON BOOSTER STATION 267981 143222-8-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 296.99 FIRE STATION 3 267982 146053-4-SEP17 3313.6405 Electricity Fire Buildings 53.35 OAK CHASE STORM 267983 146920-4-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 17.85 COVINGTON STORM 267984 149810-4-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 44.79 TH 77/CO RD 32 SIGNALS 267985 152634-2-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 37.32 TH 77/CO RD 32 SIGNALS 267986 152635-9-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 5.00 CIVIL DEFENSE SIREN 267987 155062-3-SEP17 1106.6405 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 267988 155063-1-SEP17 1106.6405 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 267989 155064-9-SEP17 1106.6405 Electricity Emergency Preparedness 29.16 SAFARI RESERVOIR 267990 159673-3-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 1,671.18 HURLEY STORM 267991 159822-6-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 409.07 SCHWANZ STORM 267992 160898-3-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 2,125.53 APOLLO STORM 267993 160928-8-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 50.50 LONE OAK/35 SIGNALS 267994 162414-7-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 27.41 OAK CLIFF STORM 267995 165267-6-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 2,214.87 NORTHVIEW PARK 267996 167128-8-SEP17 3106.6405 Electricity Structure Care & Maintenance 33.71 35E/CLIFF SIGNALS 267997 167845-7-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 31.50 35E/CLIFF SIGNALS 267998 167846-5-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 31.72 35E/PILOT KNOB SIGNALS 267999 167849-9-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 35.93 35E/PILOT KNOB SIGNALS 268000 167850-7-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 51.78 35E/YANKEE DOODLE SIGNALS 268001 167851-5-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 109.61 RAHN PARK 268002 169262-3-SEP17 3106.6405 Electricity Structure Care & Maintenance 149.25 GOAT HILL PARK HOCKEY RINK 268003 170635-7-SEP17 3106.6405 Electricity Structure Care & Maintenance 141.20 GOAT HILL PARK BASEBALL FIELD 268004 170636-5-SEP17 3106.6405 Electricity Structure Care & Maintenance 68.11 ASHBURY SAN 268005 172471-5-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 144.59 BLUE CROSS PARK 268006 177546-9-SEP17 3106.6405 Electricity Structure Care & Maintenance 641.38 YANKEE STORM 268007 180516-7-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 4,438.20 WELL 38 & #9 268008 187147-4-SEP17 6146.6409 Electricity-Wells/Booster Stat North Plant Building 47.70 BLACKHAWK/CLIFF SIGNALS 268009 187873-5-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 287.46 COUNTRY HOLLOW SAN 268010 193140-1-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 408.66 COUNTRY HOLLOW STORM 268011 193575-8-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 823.58 FIRE STATION 4 268012 195895-8-SEP17 3313.6405 Electricity Fire Buildings 134.80 WELL #10 268013 196322-2-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 260.00 THOMAS LAKE STORM 268014 196919-5-SEP17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 203.20 FIRE STATION 5 268015 197741-2-SEP17 3313.6405 Electricity Fire Buildings 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 6Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194476 10/27/2017 100050 DAKOTA ELECTRIC Continued... 1,323.19 WELL #11 268016 197761-0-SEP17 6146.6409 Electricity-Wells/Booster Stat North Plant Building 94.45 MURPHY SAN 268017 198484-8-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 51.89 CLIFF & CLIFF LAKE SIGNALS 268018 198522-5-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 33.59 SIGNAL LIGHT/TARGET 268019 198523-3-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 129.77 WELL #13 268020 200399-4-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 2,367.65 WELL #12 268021 200417-4-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 2,028.31 WELL #14 268022 200823-3-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 2,541.20 WELL #15 268023 200922-3-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 10,002.90 SOUTH TREATMENT PLANT 268062 201358-9-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 81.59 BLACKHAWK PAVILLION 268024 211088-0-SEP17 3106.6405 Electricity Structure Care & Maintenance 14.46 WEST GROUP NORTH 268025 212539-1-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 3,665.62 POLICE STATION 268063 217026-4-SEP17 3304.6405 Electricity Bldg/Facilities Maintenance 7,481.22 CIVIC ICE ARENA 268064 220593-8-SEP17 6601.6405 Electricity General/Administrative-Arena 55.86 DNENMARK/TWN CNTR SIGNALS 268026 224458-0-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 5.00 CIVIL DEFENSE SIREN 268027 224623-9-SEP17 1106.6405 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 268029 224625-4-SEP17 1106.6405 Electricity Emergency Preparedness 1,539.81 WELL #18 268030 224626-2-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 28.35 DEERWOOD RESERVOIR 268031 224893-8-SEP17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 148.91 YANKEE/WASHINGTON STREET LITES 268032 226048-7-SEP17 6301.6406 Electricity-Street Lights Street Lighting 269.13 YANKEE/35E STREET LIGHTS 268033 226049-5-SEP17 6301.6406 Electricity-Street Lights Street Lighting 285.22 YANKEE/DENMARK STREET LITES 268034 226050-3-SEP17 6301.6406 Electricity-Street Lights Street Lighting 233.32 YANKEE/PROMENADE STREET LITES 268035 226051-1-SEP17 6301.6406 Electricity-Street Lights Street Lighting 153.81 NORTHWD/PROMENADE STREET LITES 268036 226052-9-SEP17 6301.6406 Electricity-Street Lights Street Lighting 671.36 AQUATIC ADMIN BLDG 268065 256881-4-SEP17 6719.6405 Electricity Building Maintenance 426.62 AQUATIC PARKING LOT LIGHT 268066 263297-4-SEP17 6719.6405 Electricity Building Maintenance 1,593.87 AQUATIC MECH BLDG 268067 272182-7-SEP17 6719.6405 Electricity Building Maintenance 306.54 AQUATIC CHANGE FACILITY 268068 272183-5-SEP17 6719.6405 Electricity Building Maintenance 14.00 WEST GROUP SOUTH 268037 300763-0-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 41.86 CLUBVIEW/LEXINGTON SIGNALS 268038 313124-0-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 41.99 LEX/N. ARMSTRONG BLVD SIGNALS 268039 313127-3-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 537.72 GENERATOR 268069 326096-5-SEP17 3304.6405 Electricity Bldg/Facilities Maintenance 50.37 THOMAS LAKE PARK 268040 348080-3-SEP17 3106.6405 Electricity Structure Care & Maintenance 34.28 THRESHER PARK 268041 349188-3-SEP17 3106.6405 Electricity Structure Care & Maintenance 35.22 DUCKWOOD/TWN CNTR SIGNALS 268042 357166-1-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 14.00 CLIFF LAKE RD AERATOR 268043 412466-5-SEP17 6520.6405 Electricity Basin Mgmt-Aeration 14.35 DEERWOOD/35E SPDSGNL 268044 417173-2-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 58.19 THRESHER PARK BLDG 268045 427290-2-SEP17 3106.6405 Electricity Structure Care & Maintenance 275.06 SHERMAN CT BRIDGE LITES 268046 440715-1-SEP17 6301.6406 Electricity-Street Lights Street Lighting 14.46 CLIFF LAKE RD IRRIGATION 268047 452288-4-SEP17 2271.6405 Electricity Boulevard/Ditch Mtn 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 7Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194476 10/27/2017 100050 DAKOTA ELECTRIC Continued... 102.27 RAHN/DIFFLEY RD #LIGHTS 268048 453294-1-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 14.24 4237 DANIEL DR #SIGN 268049 456815-0-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 14.24 4266 DANIEL DR #SIGN 268050 456817-6-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 4,231.19 CIVIC ICE ARENA 268070 463323-6-SEP17 6601.6405 Electricity General/Administrative-Arena 105.76 FEDERAL DR STREET LITES 268051 483732-4-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 39.19 DEERWOOD/PILOT KNOB SIGNALS 268052 509475-0-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 141.97 DE SWITCH/COMM BLDG 268071 529232-1-SEP17 6147.6408 Electricity-Lift Stations North Plant Production 394.45 EAGAN SWITCH/COMM BLDG 268072 529233-9-SEP17 6147.6408 Electricity-Lift Stations North Plant Production 377.93 CAMPUS GENERATOR/TRANSFORMER 268073 529234-7-SEP17 6147.6408 Electricity-Lift Stations North Plant Production 366.70 DENMARK LIFT STATION 268074 532128-6-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 272.96 WITHAM LANE LIFT STATION 268053 545622-3-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 43.84 PROMENADE DR #SIGNAL 268054 549208-7-SEP17 6301.6407 Electricity-Signal Lights Street Lighting 1,853.86 WELL #3 268075 555257-5-SEP17 6146.6409 Electricity-Wells/Booster Stat North Plant Building 170.49 BRINE/SALT STORAGE 268076 555450-6-SEP17 3304.6405 Electricity Bldg/Facilities Maintenance 150.12 UTILITY BUILDING 268077 555451-4-SEP17 6146.6405 Electricity North Plant Building 20.62 BLACKHAWK PARK AERATOR 268055 557042-9-SEP17 6520.6405 Electricity Basin Mgmt-Aeration 30.11 WIDGEON WAY 268056 571231-0-SEP17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 5.00 CIVIL DEFENSE SIREN 268028 7224624-7-SEP17 1106.6405 Electricity Emergency Preparedness 94,643.77 194477 10/27/2017 148203 DATABANK HOLDINGS LTD 1,030.00 AE DATACENTER SPACE RENT 268158 29778 4005.6456 Building Rental AccessEagan 1,030.00 194478 10/27/2017 150887 DEGIDIO, NICK 15.81 10142-OVRPMNT 4346 JASPER DR 268159 101917 9220.2250 Escrow Deposits Public Utilities 15.81 194479 10/27/2017 100053 DELEGARD TOOL CO 106.19 SNAP RING PLIERS 268160 10362 2401.6240 Small Tools Gen/Adm-Central Services 37.50 SCANNER PART 268336 200642 2401.6241 Shop Materials Gen/Adm-Central Services 37.50 SCANNER PART 268337 200643 2401.6241 Shop Materials Gen/Adm-Central Services 52.05 REPAIR COUPLERS FOR QUICK LUBE 268338 5356 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 233.24 194480 10/27/2017 120936 DELTA DENTAL 33.00 NOVEMBER 2017 PREMIUM 268170 7069194 9592.2019 Ded payable Orthodontia Benefit Accrual 4,994.38 NOVEMBER 2017 PREMIUM 268170 7069194 9592.2018 Ded Payable-Insurance Dental Benefit Accrual 9,109.66 NOVEMBER 2017 PREMIUM 268170 7069194 9592.6158 Dental Insurance Benefit Accrual 14,137.04 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 8Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194480 10/27/2017 120936 DELTA DENTAL Continued... 194481 10/27/2017 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS 1,449.84 LEAGL 268084 166565-12651 0601.6311 Legal General Legal Service 7,163.50 LEGAL 268078 166566-04768 0601.6311 Legal General Legal Service 189.42 LEGAL 268083 166579-10388 0601.6311 Legal General Legal Service 792.17 CEDAR GROVE TIF 268108 166580-26768 9334.6716 Project - Legal Cedarvale/Hwy 13 TIF 121.87 P1189 268090 166581-36033 8189.6716 Project - Legal P1189 CG area landscape monume 472.26 MICROSITES 268087 166582-36084 6108.6311 Legal Antenna Leases 117.14 AT&T-SAFARI ANTENNA LEASE 268085 166583-36297 6005.6311 AAT&T Legal Safari Antenna Location 374.85 VERIZON-SAFARI ANTENNA LEASE 268086 166584-37004 6005.6311 AVERI Legal Safari Antenna Location 281.12 SUMMBERBROOKE 268094 166585-37013 9001.2245 J0294 Escrow - Private Development F General Fund 1,393.95 NORTHEAST EAGAN DEVEL VIKINGS 268095 166586-37129 9001.2245 J0301 Escrow - Private Development F General Fund 106.64 P1225 268091 166587-37408 8225.6716 Project - Legal P1225 Northwest Park Way Exten 91.40 LEGAL 268080 166588-37563 0601.6311 Legal General Legal Service 70.28 GERTEN'S CUP 268096 166589-37575 9001.2245 J0317 Escrow - Private Development F General Fund 47.31 P1240 268088 166590-37668 6542.6716 P1240 Project - Legal Capital Proj-WQ dedictn-cr1127 76.17 LEGAL 268081 166591-38031 0601.6311 Legal General Legal Service 398.27 COMFORT SUITES 268098 166592-38179 9001.2245 J0338 Escrow - Private Development F General Fund 70.28 VIKINGS LAKES-PHASE II 268097 166593-38202 9001.2245 J0335 Escrow - Private Development F General Fund 398.26 PRIME THERAPEUTICS 268099 166594-38324 9001.2245 J0344 Escrow - Private Development F General Fund 569.46 YANKEE DOODLE SELF STORAGE 268100 166595-38631 9001.2245 J0355 Escrow - Private Development F General Fund 167.58 LEGAL 268079 166596-38701 0601.6311 Legal General Legal Service 421.70 QUARRY ROAD SECOND ADDN 268101 166597-38751 9001.2245 J0360 Escrow - Private Development F General Fund 2.03 P1275 268093 166598-38953 8275.6716 Project - Legal P1275 CSAH 26 / Lone Oak Rd 47.31 P1273 268092 166599-38955 8273.6716 Project - Legal P1273 Pilot Knob/Cliff Rd cnty 228.51 LEGAL 268082 166601-3911 0601.6311 Legal General Legal Service 187.42 ECOLAB 268102 166602-39143 9001.2245 J0373 Escrow - Private Development F General Fund 93.71 PARKSIDE PLACE 268103 166603-39144 9001.2245 J0374 Escrow - Private Development F General Fund 70.28 HOUR KIDS 268104 166604-39259 9001.2245 J0378 Escrow - Private Development F General Fund 93.71 WALSER 268105 166605-39260 9001.2245 J0379 Escrow - Private Development F General Fund 93.71 WATERS EDGE 268106 166606-39261 9001.2245 J0380 Escrow - Private Development F General Fund 93.71 P1025 268089 166609-39115 8025.6716 Project - Legal P1025 Oakcliff 4 Overlay 70.28 QDOBA 268107 1666607-39262 9001.2245 J0381 Escrow - Private Development F General Fund 15,754.14 194482 10/27/2017 137998 DWYER, GINA 74.80 REIMBURSEMENT FOR PRINT TONER 268171 101717 0501.6220 Operating Supplies - General General & Admn-Finance 74.80 194483 10/27/2017 100387 EAGAN GENERAL REPAIR 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 9Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194483 10/27/2017 100387 EAGAN GENERAL REPAIR Continued... 125.00 DISHWASHER REPAIR 268161 26695 6827.6535 Other Contractual Services Building Maintenance 125.00 194484 10/27/2017 100060 ECM PUBLISHERS INC 28.63 PH - TEMP OUTDOOR EVENT 268165 537811 0401.6359 Legal Notice Publication General & Admn-City Clerk 32.72 PH - PARKSIDE PLACE 268166 537812 0401.6359 Legal Notice Publication General & Admn-City Clerk 32.72 PH - WALSER 268164 537813 0401.6359 Legal Notice Publication General & Admn-City Clerk 32.72 PH - FIRE STATION 5 268163 537814 0401.6359 Legal Notice Publication General & Admn-City Clerk 32.72 PH - FIRE STATION 1 268173 537815 0401.6359 Legal Notice Publication General & Admn-City Clerk 28.63 PH - HOUR KIDS 268174 537816 0401.6359 Legal Notice Publication General & Admn-City Clerk 36.81 PH - LAKESIDE OF EAGAN 268172 537817 0401.6359 Legal Notice Publication General & Admn-City Clerk 41.25 DENTAL COVERAGE BIDS 268167 537818 0401.6359 Legal Notice Publication General & Admn-City Clerk 530.75 HALLOWEEN HODGEPODGE AD 268162 538241 3063.6357 Advertising/Publication Seasonal Special Events 796.95 194485 10/27/2017 142034 ELECTRIC PUMP 10,292.06 THOMAS LANE STORM 268341 0061395-IN 6439.6432 Utility System Repair-Labor Lift Station Maintenanc/Repair 336.10 THOMAS LANE STORM 268342 0061396-IN 6439.6432 Utility System Repair-Labor Lift Station Maintenanc/Repair 755.85 OAK CHASE STORM REPAIRS 268343 0061397-IN 6439.6432 Utility System Repair-Labor Lift Station Maintenanc/Repair 11,384.01 194486 10/27/2017 114540 ESS BROTHERS & SONS, INC. 5,368.50 STORM REPAIR 268355 X6956 6449.6260 Utility System Parts/Supplies Manhole Insp/Mtn/Repair 2,795.00 PRV COVERS 268175 XX7957 6152.6260 Utility System Parts/Supplies PRS Inspection/Maint/Repair 5,809.00 MANHOLE REPAIR 268351 XX8380 6250.6260 Utility System Parts/Supplies Manhole Insp/Mtn/Repair 13,972.50 194487 10/27/2017 100062 FACTORY MOTOR PARTS CO 137.36 UNIT 397 UNIT 534 268363 1-5303926 9001.1415 Inventory - Parts General Fund 92.40 STOCK WIPERS 268361 1-5318903 9001.1415 Inventory - Parts General Fund 85.99 WASHER FLUID 268362 1-5329846 2401.6241 Shop Materials Gen/Adm-Central Services 108.82 WASHER FLUID 268360 1-5329894 2401.6241 Shop Materials Gen/Adm-Central Services 424.57 194488 10/27/2017 100451 FASTENAL COMPANY 129.12 CHEM SAFETY SIGNS 268176 MNTC1206258 6146.6222 Medical/Rescue/Safety Supplies North Plant Building 4.10 BOLTS 268352 MNTC1206366 6163.6230 Repair/Maintenance Supplies-Ge Meter Maintenance/Repair 133.22 194489 10/27/2017 143971 FLEETPRIDE 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 10Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194489 10/27/2017 143971 FLEETPRIDE Continued... 360.56 UNIT 110 268177 88188034 9001.1415 Inventory - Parts General Fund 100.00-CORE BRAKE PADS 268178 88188587 9001.1415 Inventory - Parts General Fund 194.80 UNIT 111 268179 88254824 9001.1415 Inventory - Parts General Fund 455.36 194490 10/27/2017 111768 FRONTIER COMMUNICATIONS OF MN 131.50 BISCAYNE AVE SAN LIFT STATION 268180 2231244-S-17283 -OCT17 6239.6352 Telephone Circuits Lift Station Maintenanc/Repair 131.50 194491 10/27/2017 100071 G & K SERVICES 25.78 CLEANING OF RAGS 268187 6182667433 6713.6569 Maintenance Contracts Concessions 90.85 SHOP TOWELS 268182 6182722888 2401.6241 Shop Materials Gen/Adm-Central Services 162.24 SHOP TOWELS 268181 6182722889 2401.6241 Shop Materials Gen/Adm-Central Services 58.70 MAINTENANCE RUGS 268186 6182722890 3314.6569 Maintenance Contracts Central Maintenance 32.49 CH RUGS 268185 6182722892 3315.6569 Maintenance Contracts City Hall 39.22 PD RUGS 268184 6182722893 3316.6569 Maintenance Contracts Police 7.29 FD RUGS 268183 6182733875 3313.6569 Maintenance Contracts Fire Buildings 416.57 194492 10/27/2017 100362 G & M TREE MOVING INC 9,940.00 LANDSCAPE MATERIALS 17-09 268188 1815 9355.6718 Project - Other Charges MAINTENANCE FACILITY EXPANSION 3,560.00 LANDSCAPE MATERIALS 17-09 268189 1816 9355.6718 Project - Other Charges MAINTENANCE FACILITY EXPANSION 13,500.00 194493 10/27/2017 100465 GERTEN GREENHOUSES 29.95 SOD STAPLES 268190 1079 /12 3216.6220 Operating Supplies - General Landscape Mtn-Park sites 1,300.65 TURF SUPPLY 268196 1086 /12 3114.6253 Turf Maintenance & Landscape S Turf Mgmt/Enhancement 19.80 SOD 268194 3924 /7 3108.6253 Turf Maintenance & Landscape S Park Improvements 50.85 MULCH AT T LAKE PLAYGROUND 268191 3952 /7 3205.6250 Landscape Material & Supplies Mulching 59.98 MULCH AT T LAKE PLAYGROUND 268192 3957 /7 3205.6250 Landscape Material & Supplies Mulching 89.97 MULCH AT T LAKE PLAYGROUND 268193 3958/7 3205.6250 Landscape Material & Supplies Mulching 149.95-CR INV 003958/7 268200 3960 /7 3205.6250 Landscape Material & Supplies Mulching 118.65 T LAKE PLAYGROUND MULCH 268197 3961 /7 3205.6250 Landscape Material & Supplies Mulching 3.30 SOD 268195 3971 /7 3108.6253 Turf Maintenance & Landscape S Park Improvements 1,523.20 194494 10/27/2017 102980 GILBERT MECHANICAL CONTRACTORS, INC. 1,092.97 HVAC REPAIR 268198 160754 3313.6535 Other Contractual Services Fire Buildings 1,092.97 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 11Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194494 10/27/2017 102980 GILBERT MECHANICAL CONTRACTORS, INC.Continued... 194495 10/27/2017 145198 GLACIER HILLS ELEMENTARY SCHOOL 227.58 REFUND SEP OVERPAYMENT 219470 268201 219470 9001.2246 Escrow-Special Events General Fund 227.58 194496 10/27/2017 101372 GLOBAL SPECIALTY CONTRACTORS 626.00 POOL REPAIR SUPPLIES 268199 216404-3 6720.6236 Pool Repair Supplies Pool Attendant 3,680.00 POOL REPAIR LABOR 268199 216404-3 6720.6535 Other Contractual Services Pool Attendant 4,306.00 194497 10/27/2017 102627 GOETSCH ASSOCIATES INC., W.W. 2,780.00 LONE OAK SANITARY 268354 99019 6239.6432 Utility System Repair-Labor Lift Station Maintenanc/Repair 2,780.00 194498 10/27/2017 150885 GOSSMAN, VINCENT 13.38 10142-OVRPMNT 1672 OAKBROOKE C 268204 101917 9220.2250 Escrow Deposits Public Utilities 13.38 194499 10/27/2017 142509 GOVERNMENT PAYROLL REVIEW SEMINAR 100.00 10/26 PEIFER/MARTIN 268205 102617 1001.6476 Conferences/Meetings/Training General/Admn-Human Resources 100.00 194500 10/27/2017 101884 GRAFIX SHOPPE 50.00 REUSABLE STENCILS FOR LABELING 268202 117265 6232.6232 Small Equipment Repair Parts Equipment Maintenance/Repair 50.00 194501 10/27/2017 100352 GRAYBAR ELECTRIC CO INC 17,057.80 SPARE LIGHTING EQUIPMENT (5 EA 268268 9300617593 8225.6710 Project - Contract P1225 Northwest Park Way Exten 17,057.80 194502 10/27/2017 150838 GULLICKSON HOMES 65.99 10142-OVRPMNT 1825 CLIFF RD 268203 101917 9220.2250 Escrow Deposits Public Utilities 65.99 194503 10/27/2017 100084 HANCO 1,166.66 PARKS MOWER PARTS 268211 904352 9001.1415 Inventory - Parts General Fund 201.96 PARKS MOWER PARTS 268212 904353 9001.1415 Inventory - Parts General Fund 1,368.62 194504 10/27/2017 132043 HANSEN THORP PELLINEN OLSON INC. 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 12Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194504 10/27/2017 132043 HANSEN THORP PELLINEN OLSON INC.Continued... 1,557.50 CEDAR GROVE TIF 268213 47616 9334.6310 Professional Services-General Cedarvale/Hwy 13 TIF 1,557.50 194505 10/27/2017 100085 HARDWARE HANK 18.99 BLDG REPAIR PARTS 268232 1691893 3106.6233 Building Repair Supplies Structure Care & Maintenance 2.99 EQUIP PARTS 268231 1693716 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 8.98 BLDG CLEANING SUPPLIES 268230 1694042 3106.6223 Building/Cleaning Supplies Structure Care & Maintenance 56.19 BLDG REPAIR PARTS 268229 1697408 3106.6233 Building Repair Supplies Structure Care & Maintenance 28.48 TOOLS 268214 1700444 2201.6220 Operating Supplies - General Gen/Adm-Streets 53.44 CHAINSAW REPAIR 268357 1700531 6232.6426 Small Equipment Repair-Labor Equipment Maintenance/Repair 3.60 GENERAL SUPPLY 268228 1700744 3106.6220 Operating Supplies - General Structure Care & Maintenance 24.99 STORM REPAIR 268358 1703436 6449.6222 Medical/Rescue/Safety Supplies Manhole Insp/Mtn/Repair 33.75 PRUNER REPAIR 268218 1705365 2272.6425 Mobile Equipment Repair Labor Tree Trimming 11.64 CHAINSAW REPAIR 268356 1705599 6232.6426 Small Equipment Repair-Labor Equipment Maintenance/Repair 2.18 MISC BOLTS 268364 1706980 2401.6241 Shop Materials Gen/Adm-Central Services 31.90 CHAIN FOR CHAIN SAW 268215 1707783 2272.6231 Mobile Equipment Repair Parts Tree Trimming 8.49 REMOVER FOR SIDE PANEL ON TRUC 268365 1707982 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 4.99 GENERAL SUPPLY 268220 1710644 3118.6220 Operating Supplies - General Athletic Field Mtn/Setup 18.95 CHAIN FOR CHAIN SAW 268216 1711932 2272.6231 Mobile Equipment Repair Parts Tree Trimming 458.96 NEW HEDGE TRIMMER 268217 1712123 2272.6220 Operating Supplies - General Tree Trimming 20.00 CHAINSAW REPAIRS 268221 1715390 3222.6425 Mobile Equipment Repair Labor Equipment Mtn 19.99 LOPPER 268222 1716973 3222.6240 Small Tools Equipment Mtn 163.95 REPAIRS 268223 1717517 3222.6425 Mobile Equipment Repair Labor Equipment Mtn 23.58 STIHL OIL 268224 1717789 3222.6235 Fuel, Lubricants, Additives Equipment Mtn 45.97 PARTS 268225 1718166 3222.6231 Mobile Equipment Repair Parts Equipment Mtn 6.50 RECOIL ROPE 268226 1718283 3222.6231 Mobile Equipment Repair Parts Equipment Mtn 42.95 REPAIR PARTS 268227 1718941 3222.6231 Mobile Equipment Repair Parts Equipment Mtn 23.97 GENERAL SUPPLY 268219 1720521 3106.6220 Operating Supplies - General Structure Care & Maintenance 23.10 WELL 1 HARDWARE 268346 1720554 6148.6230 Repair/Maintenance Supplies-Ge North Well Field 1,138.53 194506 10/27/2017 117134 HARMON AUTOGLASS 265.00 UNIT 200 268233 105-143984 9001.1415 Inventory - Parts General Fund 265.00 194507 10/27/2017 100064 HAWKINS WATER TRTMNT GROUP INC 5,146.05 NTP FL2 268234 4164425 6147.6244 Chemicals & Chemical Products North Plant Production 5,146.05 194508 10/27/2017 120717 HD SUPPLY WATERWORKS LTD 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 13Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194508 10/27/2017 120717 HD SUPPLY WATERWORKS LTD Continued... 276.00 PR STATIONS 266362 H626215 6152.6260 Utility System Parts/Supplies PRS Inspection/Maint/Repair 276.00-PR STATIONS 266361 H643595 6152.6260 Utility System Parts/Supplies PRS Inspection/Maint/Repair 3,753.97 REPLACEMENT METERS 268235 H887113 6161.6630 C1121 Other Improvements Meter Replacement 3,753.97 194509 10/27/2017 150851 HEILMAN, MICHAEL 36.46 10142-OVRPMNT 1438 PONDEROSA C 268236 101917 9220.2250 Escrow Deposits Public Utilities 36.46 194510 10/27/2017 150878 HILLBERG, K.A. 3.04 10147-OVRPMNT 2023 SHALE LN 268206 101917 9220.2250 Escrow Deposits Public Utilities 3.04 194511 10/27/2017 100627 HOME DEPOT CREDIT SERVICES 135.40 THOMAS LAKE 268372 1010183 2828.6760 Play Equipment Thomas Lake Park 88.22 EXT CORDS 268380 1011721-092917 3104.6240 Small Tools Site Amenity Installation 79.68 THOMAS LAKE SHELTER PROJECT 268381 1011821 2828.6756 Building & Structures Thomas Lake Park 150.90 SUPPLIES 268109 10338 6154.6230 Repair/Maintenance Supplies-Ge South Plant Building 129.00 SMALL TOOLS 268373 1755504 6501.6240 Small Tools G/A - Water Quality 40.60 WALNUT HILL 268379 2011587 3104.6252 Parks & Play Area Supplies Site Amenity Installation 26.72 EVENT TRAILER 268371 2084393 3130.6220 Operating Supplies - General Recreation Program Support 9.57 OLEARY BENCH 268377 3011419 3104.6220 Operating Supplies - General Site Amenity Installation 28.78 LOGO BANNER 268378 3080116 0909.6210 Office Supplies Special Events 9.98 SUPPLIES 268375 4011276 3106.6233 Building Repair Supplies Structure Care & Maintenance 78.02 BRIDGEVIEW ART BENCH CONCRETE 268376 4011295 2852.6762 Special Features/Furnishings General Park Site Improvmts 108.62 STP STORAGE SHELVES PARTS ROOM 268114 5011106 6154.6233 Building Repair Supplies South Plant Building 74.61 ORANGE SAFETY BARRIER FENCE 268386 5012715 3214.6220 Operating Supplies - General Landscape Planting-Park Sites 24.92 ART BENCH 268387 5091565 2852.6762 Special Features/Furnishings General Park Site Improvmts 41.75 WALNUT HILL 268385 6012532 2852.6762 Special Features/Furnishings General Park Site Improvmts 67.02 SUPPLIES 268115 6012569 6154.6260 Utility System Parts/Supplies South Plant Building 13.63 IRRIGATION CLOCK INSTALL 268370 6025263 3117.6234 Field/Other Equipment Repair Irrigation System Mtn/Install 31.92 PUMP FOR TRASH CANS 268369 7014759 3111.6220 Operating Supplies - General Refuse/Waste Control 22.48 SUPPLIES 268384 7025870 3103.6220 Operating Supplies - General Site Amenity Maintenance 119.00 TOOLS 268382 8012135 3104.6240 Small Tools Site Amenity Installation 13.65 CONCRETE PROJECT 268383 8012200 3104.6220 Operating Supplies - General Site Amenity Installation 55.09 ART BENCHES 268390 8013733 2852.6762 Special Features/Furnishings General Park Site Improvmts 21.39 STP STORAGE SHELVES PARTS ROOM 268113 8090225 6154.6233 Building Repair Supplies South Plant Building 76.79 SUPPLIES 268391 8092320 3106.6223 Building/Cleaning Supplies Structure Care & Maintenance 1.23-ART BENCH 268393 8155054 2852.6762 Special Features/Furnishings General Park Site Improvmts 9.27 TOOLS 268392 8155055 3129.6240 Small Tools Shop Mtn/General Repairs 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 14Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194511 10/27/2017 100627 HOME DEPOT CREDIT SERVICES Continued... 84.20 STP STORAGE SHELVES PARTS ROOM 268110 9010513 6154.6230 Repair/Maintenance Supplies-Ge South Plant Building 102.62 STP STORAGE SHELVES PARTS ROOM 268111 9010547 6154.6233 Building Repair Supplies South Plant Building 152.57 STP STORAGE SHELVES PARTS ROOM 268112 9010556 6154.6233 Building Repair Supplies South Plant Building 46.09 TOOLS 268388 9013577 3129.6240 Small Tools Shop Mtn/General Repairs 9.98 CMF LOCKER ROOM DOOR WINDOWS 268389 9082285 3314.6233 Building Repair Supplies Central Maintenance 9.47 SUPPLIES 268374 9084762 3222.6220 Operating Supplies - General Equipment Mtn 1,860.71 194512 10/27/2017 100089 HOSE CONVEYORS INC 357.97 VALVE MAINTENANCE REPAIR 268353 00070630 6143.6232 Small Equipment Repair Parts Valve Maintenance/Repair 357.97 194513 10/27/2017 100090 HOTSY EQUIPMENT OF MINNESOTA 337.45 PRESSURE WASHER REPAIRS 268349 57120 6146.6427 Building Operations/Repair-Lab North Plant Building 337.45 194514 10/27/2017 143243 IMPACT PROVEN SOLUTIONS 1,963.34 CYCLE 2 BILLING 268237 127582 6101.6535 Other Contractual Services Water -Administration 1,963.35 CYCLE 2 BILLING 268237 127582 6201.6535 Other Contractual Services San Sewer-Administration 3,926.69 194515 10/27/2017 150883 JOHNSON, JOSHUA 31.84 10142-OVRPMNT 2131 CLIFFHILL 268207 101917 9220.2250 Escrow Deposits Public Utilities 31.84 194516 10/27/2017 149254 JT SERVICES 7,187.20 STREETLIGHT MATS NICOLS XWALK 268238 JT17-297-02 9375.6763 Trails Major Street 7,187.20 194517 10/27/2017 150884 KILE, DANNY 12.46 10142-OVRPMNT 1612B CLEMSON DR 268208 101917 9220.2250 Escrow Deposits Public Utilities 12.46 194518 10/27/2017 150893 KLEIN UNDERGROUND LLC 5,776.00 CONC FOR NICOLS XWALK 268240 75736 9375.6763 Trails Major Street 1,147.70 CONC FOR NICOLS XWALK 268239 75737 9375.6763 Trails Major Street 6,923.70 194519 10/27/2017 110680 KOSKOVICH, JACQUI 40.00 PRESCHOOL CONFERENCE FEE 268244 110317 3057.6476 Conferences/Meetings/Training Preschool Programs 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 15Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194519 10/27/2017 110680 KOSKOVICH, JACQUI Continued... 40.00 194520 10/27/2017 100061 KRAEMER MINING & MATERIALS INC. 627.70 STORM REPAIR 268359 266039 6435.6255 Street Repair Supplies Storm Pond Maintn/Inspection 627.70 194521 10/27/2017 144832 KRUMRICH, ANDREW 15.22 10142-OVRPMNT-1752 HICKORY HIL 268241 101917 9220.2250 Escrow Deposits Public Utilities 15.22 194522 10/27/2017 135589 KULLY SUPPLY INC. 145.37 PLUMBING PARTS 268243 428492 6827.6233 Building Repair Supplies Building Maintenance 46.06 PLUMBING PARTS 268242 429539 6827.6233 Building Repair Supplies Building Maintenance 191.43 194523 10/27/2017 100691 LEAGUE OF MINN CITIES 45.00 LMC REGIONAL MTG 268247 264838 0101.6477 Local Meeting Expenses Legislative/Policy Development 45.00 LMC REGIONAL MTG 268247 264838 0201.6477 Local Meeting Expenses General & Admn-Admn 90.00 194524 10/27/2017 128864 LEGACY CREATIVE IMAGES 350.00 SORR MOTHER SON PHOTOGRAPHER 268248 1200 3065.6320 Instructors Special Events Cooperatives 350.00 194525 10/27/2017 137999 LIBERTY TIRE RECYCLING LLC 80.90 SCRAP TIRE 268366 1231451 9001.1415 Inventory - Parts General Fund 80.90 194526 10/27/2017 100111 LOGIS 755.52 INTERNET CONNECTION/ADM CHRG 268209 44308 0301.6350 LOGIS IT Services IT-Gen & Admn 4,976.90 CISCO SMARTNET 268209 44308 0301.6569 Maintenance Contracts IT-Gen & Admn 1,178.75 LOGIS NETWORK SERVICES 268210 44331 0301.6350 LOGIS IT Services IT-Gen & Admn 6,911.17 194527 10/27/2017 147707 LUBE-TECH & PARTNERS LLC 329.00 OIL STP 268245 1036359 6155.6235 Fuel, Lubricants, Additives South Plant Production 800.00 OIL NTP 268245 1036359 6147.6235 Fuel, Lubricants, Additives North Plant Production 1,129.00 194528 10/27/2017 143145 LYLE SIGNS INC. 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 16Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194528 10/27/2017 143145 LYLE SIGNS INC.Continued... 44.28 SIGN MATERIALS 268246 000620838 9116.6257 Signs & Striping Material Cedar Grove Parking Garage 44.28 194529 10/27/2017 100925 MACBETH, ERIC 12.84 LUNCH 10/18/17 268264 101817 6501.6475 Miscellaneous G/A - Water Quality 20.00 10/17-10/18 PARKING 268264 101817 6511.6476 Conferences/Meetings/Training Training/Conferences/Schools 32.84 194530 10/27/2017 100116 MACQUEEN EQUIP 47.62 STRAINERS FOR JETTING EGP 268249 P08855 6232.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 81.52 UNIT 138 RO 702 268251 P09051 9001.1415 Inventory - Parts General Fund 129.14 194531 10/27/2017 139121 MARCO INC. 1,782.82 COPIERS 268269 21475413 0301.6569 Maintenance Contracts IT-Gen & Admn 29.27 COPIERS 268269 21475413 6501.6569 Maintenance Contracts G/A - Water Quality 195.89 COPIERS 268269 21475413 6101.6569 Maintenance Contracts Water -Administration 30.85 COPIERS 268269 21475413 6601.6569 Maintenance Contracts General/Administrative-Arena 212.78 COPIERS 268269 21475413 6801.6569 Maintenance Contracts General & Administrative 3,439.38 COPIERS 268270 21475414 0301.6569 Maintenance Contracts IT-Gen & Admn 56.47 COPIERS 268270 21475414 6501.6569 Maintenance Contracts G/A - Water Quality 377.91 COPIERS 268270 21475414 6101.6569 Maintenance Contracts Water -Administration 59.51 COPIERS 268270 21475414 6601.6569 Maintenance Contracts General/Administrative-Arena 410.48 COPIERS 268270 21475414 6801.6569 Maintenance Contracts General & Administrative 6,595.36 194532 10/27/2017 150870 MARIETTE BLACKSMITHING SERVICES, DAVID 200.00 LONE OAK DAYS BLACKSMITH 268255 0000032 3027.6320 Instructors Holz Farm 200.00 194534 10/27/2017 100571 MENARDS-APPLE VALLEY 75.59 MATERIAL FOR BUDGET SHOW "SET"268261 62259 0909.6328 Special Events/Admission Fees Special Events 75.59 194535 10/27/2017 100452 METRO VOLLEYBALL OFFICIALS ASN 59.00 WOMEN'S VOLLEYBALL OFFICIALS 268260 121 3042.6327 Sporting Event Officials Adult Volleyball-Women 88.50 MEN'S VOLLEYBALL OFFICIALS 268260 121 3041.6327 Sporting Event Officials Adult Volleyball-Men 177.00 CO-REC VOLLEYBALL OFFICIALS 268260 121 3043.6327 Sporting Event Officials Adult Volleyball-Co-Rec 324.50 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 17Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194536 10/27/2017 150894 MEYER CONTRACTING Continued... 177,576.95 CONT 17-02 PMT 1 268286 100617 6540.6710 P1239 Project - Contract Capital Proj-Expan&Mod-cr1125 532,730.84 CONT 17-02 PMT 1 268286 100617 6542.6710 P1239 Project - Contract Capital Proj-WQ dedictn-cr1127 710,307.79 194537 10/27/2017 100133 MIKES SHOE REPAIR 80.00 BOOT REPAIRS - ROBOHM 268266 10122017 2201.2115 Clothing Allowance Gen/Adm-Streets 80.00 194538 10/27/2017 123677 MILLER TREE SERVICE 650.00 TREE STUMP (2 EA) REMOVAL 268267 102317 2272.6429 Street Repair-Labor Tree Trimming 650.00 194539 10/27/2017 102753 MINNCOR INDUSTRIES 40.00 D. MILLER BUSINESS CARDS 268258 SOI-063644 0201.6210 Office Supplies General & Admn-Admn 40.00 C. STEVENSON BUSINESS CARDS 268259 SOI-063654 0201.6210 Office Supplies General & Admn-Admn 80.00 194540 10/27/2017 116617 MN ASSOC OF GOVERNMENT COMMUNICATORS 200.00 (2 ATTENDEES) MAGC CONF. 2017 268257 200000335 0901.6476 Conferences/Meetings/Training Gen & Admin-Communications 200.00 194541 10/27/2017 120087 MN ENERGY RESOURCES CORP 29.30 TIMBERLINE PUMPHOUSE 268280 0502341685-0000 1-OCT17 6146.6410 Natural Gas Service North Plant Building 51.33 FIRE STATION 3 268272 0502709856-0000 1-OCT17 3313.6410 Natural Gas Service Fire Buildings 18.74 GOAT HILL PARK 268285 0502896570-0000 1-OCT17 3106.6410 Natural Gas Service Structure Care & Maintenance 105.48 FIRE STATION 4 268283 0502992371-0000 1-OCT17 3313.6410 Natural Gas Service Fire Buildings 36.67 PUMPHOUSE 2 268277 0503993940-0000 1-OCT17 6146.6410 Natural Gas Service North Plant Building 48.17 FIRE STATION 1 268273 0504039526-0000 1-OCT17 3313.6410 Natural Gas Service Fire Buildings 149.61 PUBLIC WORKS GARAGE 268281 0505182087-0000 1-OCT17 3304.6410 Natural Gas Service Bldg/Facilities Maintenance 45.00 UTILITY STORAGE 268282 0505182087-0000 3-OCT17 6146.6410 Natural Gas Service North Plant Building 30.71 SKYHILL PARK 268284 0505890818-0000 1-OCT17 3106.6410 Natural Gas Service Structure Care & Maintenance 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 18Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194541 10/27/2017 120087 MN ENERGY RESOURCES CORP Continued... 23.65 MOONSHINE 268279 0506119075-0000 1-OCT17 3106.6410 Natural Gas Service Structure Care & Maintenance 45.00 CASCADE BAY 268274 0506263442-0000 1-OCT17 6715.6410 Natural Gas Service Cascade Utilities 46.93 CASCADE BAY 268275 0506263442-0000 2-OCT17 6715.6410 Natural Gas Service Cascade Utilities 10.17 CENTRAL PARK PAVILLION 268276 0506640339-0000 1-OCT17 3106.6410 Natural Gas Service Structure Care & Maintenance 18.00 QUARRY PARK 268278 0507516709-0000 1-OCT17 3106.6410 Natural Gas Service Structure Care & Maintenance 658.76 194542 10/27/2017 138821 MN LIFE INSURANCE COMPANY 1,448.92 MN LIFE BASICADD-NOV17 268263 NOV17 9592.6152 Life Benefit Accrual 1,448.92 194543 10/27/2017 146682 MN LIFE INSURANCE COMPANY 3,999.30 MN LIFE VOLUNTARY-NOV17 268262 0033843-NOV17 9592.2021 Ded Payable - Insurance Benefit Accrual 3,999.30 194544 10/27/2017 100146 MTI DISTR CO 56.43 PARKS MOWER PARTS 268252 1143749-01 9001.1415 Inventory - Parts General Fund 108.84 IRRIGATION REPAIR PARTS 268250 1144328-00 3117.6234 Field/Other Equipment Repair Irrigation System Mtn/Install 165.27 194545 10/27/2017 150886 MYERS, TRAVIS 46.24 10142-OVRPMNT 4509B CINNAMON R 268271 101917 9220.2250 Escrow Deposits Public Utilities 46.24 194546 10/27/2017 144163 NOEL PRODUCTIONS 1,050.00 OLD FASHIONED HOLIDAY REINDEER 268256 120317 3027.6320 Instructors Holz Farm 1,050.00 194547 10/27/2017 100454 NORTHERN AIR CORP 1,399.50 HVAC REPAIR 268253 142442 3315.6535 Other Contractual Services City Hall 1,399.50 194548 10/27/2017 115450 NORTHFIELD LINES, INC. 884.14 NORTHFIELD BUS LINES- SENIOR 268345 94412 3078.6550 Transportation Services Senior Citizens 884.14 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 19Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194548 10/27/2017 115450 NORTHFIELD LINES, INC.Continued... 194549 10/27/2017 111420 NORTHSTAR IMAGING SERVICES 90.00 LOGO ROLLOUT DEMO BDS 268254 ELNVOICE16845 0901.6328 Special Events/Admission Fees Gen & Admin-Communications 90.00 194550 10/27/2017 122435 OFFICE DEPOT (R) 86.15 TOWEL, COFFEE, HIGHLIGHTER 268296 969422631001 9695.6210 Office Supplies Dakota Co Drug Task Force 86.15 194551 10/27/2017 108599 OFFICE DEPOT, INC. 51.13 OFFICE SUPPLIES 268318 969255301001 2401.6210 Office Supplies Gen/Adm-Central Services 228.64 OFFICE SUPPLIES 268317 970572076001 2401.6210 Office Supplies Gen/Adm-Central Services 52.68 OFFICE SUPPLIES 268316 970606027001 2401.6210 Office Supplies Gen/Adm-Central Services 332.45 194552 10/27/2017 100653 PARADISE CAR WASH 87.60 SQUAD WASHES 268305 52025-100517 1221.6354 Car Washes Administration-Fire 87.60 194553 10/27/2017 115253 PELLICCI ACE HARDWARE 11.48 MISC REPAIR SUPPLIES 268313 16475 /E 1225.6230 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 11.48 194554 10/27/2017 147463 POPE/DOUGLAS SOLID WASTE MANAGEMENT 702.00 DRUG DESTRUCTION 268325 1014 9695.6589 Forfeiture Expenditures Dakota Co Drug Task Force 702.00 194555 10/27/2017 100310 POSTMASTER 4,600.00 EXPERIENCE POSTAGE NOV/DEC 268303 102017 0902.6346 Postage Experience Eagan Newsletter 4,800.00 DISCOVER POSTAGE DEC/JAN/FEB 268303 102017 0904.6346 Postage Discover Parks Brochure 9,400.00 194556 10/27/2017 147647 POTTER, TOM 378.96 OAK WILT COST SHARE 268327 2017 OAK WILT-FI 3209.6860 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 378.96 194557 10/27/2017 119683 RAMSEY COUNTY ATTORNEY'S OFFICE (R) 2,230.40 20% FORFEITURE PROCEEDS 268297 102417 9695.2192 Due to County Govt Dakota Co Drug Task Force 2,230.40 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 20Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194557 10/27/2017 119683 RAMSEY COUNTY ATTORNEY'S OFFICE (R)Continued... 194558 10/27/2017 143557 RANDSTAD (R) 1,211.66 EVID TECH 10/8-10/14/17 268298 R21947893 9695.6561 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,211.66 194559 10/27/2017 144714 ROCK HARD LANDSCAPE SUPPLY 780.00 CPARKWAY MEDIAN 268324 56448 2852.6759 General Landscaping/Furnishing General Park Site Improvmts 780.00 194560 10/27/2017 139237 SAFARILAND LLC (R) 231.89 NIK COCAINE SWABS 268301 1010-058486 9695.6220 Operating Supplies - General Dakota Co Drug Task Force 1,137.23 NIK TEST U 268302 1010-067929 9695.6220 Operating Supplies - General Dakota Co Drug Task Force 1,369.12 194561 10/27/2017 116213 SAFETY SIGNS 1,298.80 WO 53545 - MAIN BREAK 268367 17002826 6160.6457 Machinery & Equipment-Rental Main Maintenance/Repair 1,298.80 194562 10/27/2017 100898 SCHOEPPNER,DALE 332.23 MILEAGE 9/5/17-10/13/17 268315 101317 0801.6353 Personal Auto/Parking General & Admn-Protective Insp 332.23 194563 10/27/2017 100187 SEH 1,257.23 PROF SVCS 268319 339724 8217.6713 Project - Outside Engineering P1217 Central area lights impr 417.51 2018 TRAFFIC PROJS 268308 340170 9375.6310 Professional Services-General Major Street 1,674.74 194564 10/27/2017 100191 SHERWIN WILLIAMS 44.64 PAINT FOR WORK BENCHES PW SHOP 268314 7489-6 2270.6230 Repair/Maintenance Supplies-Ge Building And Grounds-Mtn 44.64 194565 10/27/2017 149647 SHETLER SI INC 122.35 SECURITY OFFICER 268323 1015875 6847.6535 Other Contractual Services Security 97.88 SECURITY OFFICER 268307 1015898 6847.6535 Other Contractual Services Security 220.23 194566 10/27/2017 145309 SIMPSON CO INC., M.E. 11,905.00 LARGE METER CALIBRATION 268309 30606 6164.6630 Other Improvements Meter Testing 11,905.00 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 21Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194567 10/27/2017 150342 SMSC WATER BOTTLING FACILITY Continued... 416.40 WATER FOR REHAB 268321 10089 1221.6220 Operating Supplies - General Administration-Fire 525.00 WATER FOR LIVE BURNS NDTA 268322 10176 1222.6220 Operating Supplies - General Northern Dakota Trng Academy 941.40 194568 10/27/2017 150889 SONNADRA, CYRIL 58.79 10142-OVRPMNT 1677 HICKORY HIL 268288 101917 9220.2250 Escrow Deposits Public Utilities 58.79 194569 10/27/2017 143029 SOUTH METRO SPORTS 52.00 C. BARTA TSHIRTS 268295 10012017-BARTA 3170.2115 Clothing Allowance General AdmIn-Parks 65.00 R. MARKS TSHIRTS 268294 10012017-MARKS 3170.2115 Clothing Allowance General AdmIn-Parks 117.00 194570 10/27/2017 100197 SOUTH RIVER HEATING COOLING 1,063.28 HVAC REPAIR 268292 17-17640 3315.6535 Other Contractual Services City Hall 1,063.28 194571 10/27/2017 100469 SRF CONSULTING GROUP INC 1,023.62 COMP PLAN- TRANS PLAN 268320 10288.00-9 2010.6310 Professional Services-General General Engineering 1,023.62 194572 10/27/2017 125194 ST MANE SPORTING GOODS INC. 500.00 ST MANE- RETIREE EVENT SHIRTS 268326 BC 18223 1221.6224 Clothing/Personal Equipment Administration-Fire 550.00 DUTY CREW T-S 268306 BC 18235 1221.6224 Clothing/Personal Equipment Administration-Fire 1,050.00 194573 10/27/2017 119295 STATE OF MINNESOTA-GENERAL FUND(R) 3,123.13 10% FORFEITURE PROCEEDS 268299 102417 9695.2191 Due to State Govt Dakota Co Drug Task Force 3,123.13 194574 10/27/2017 127800 SUPERIOR MECHANICAL COLLISION 3,508.19 VEHICLE REPAIR 268344 29675 6167.6425 Mobile Equipment Repair Labor Valve Inspection Operation 3,508.19 194575 10/27/2017 107307 SVL SERVICE CORPORATION 1,548.25 HVAC MAINTENANCE 268293 170206-011 6827.6569 Maintenance Contracts Building Maintenance 529.50 HVAC REPAIR 268291 170925-006 6827.6233 Building Repair Supplies Building Maintenance 2,077.75 194576 10/27/2017 146364 TAPCO 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 22Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194576 10/27/2017 146364 TAPCO Continued... 4,133.50 RRFB FOR NICOLS XWALK 268289 1580883 9375.6763 Trails Major Street 4,133.50 194577 10/27/2017 143384 TAYLOR ELECTRIC COMPANY 12,390.00 ELEC WORK NICOLS XWALK 268287 1138 9375.6763 Trails Major Street 12,390.00 194578 10/27/2017 126533 THOMAS, SARAH 337.73 CONFERENCE 9/27-9/29/17 268300 092917 0720.6476 Conferences/Meetings/Training General Admin-Planning & Zonin 337.73 194579 10/27/2017 114035 TIERNEY BROTHERS, INC. 3,954.90 PROJECTOR-NDTA 268304 754469 1222.6320 Instructors Northern Dakota Trng Academy 3,954.90 194580 10/27/2017 113124 TOLL GAS & WELDING SUPPLY 21.30 SHOP MATERIALS 268310 10200808 2401.6241 Shop Materials Gen/Adm-Central Services 10.68 SHOP MATERIALS 268311 40067426 2401.6241 Shop Materials Gen/Adm-Central Services 31.98 194581 10/27/2017 148858 TOP NOTCH 585.00 ST 3 SEWER BACK UP 268312 2017001584 3313.6535 Other Contractual Services Fire Buildings 585.00 194582 10/27/2017 150731 TOWN & COUNTRY FENCE 5,300.00 MUELLER FARM BACKSTOP 268290 170889 3108.6630 Other Improvements Park Improvements 5,300.00 194583 10/27/2017 149500 TOYOTA-LIFT OF MINNESOTA 118.01 PRETRIP LOGS FOR FORKLIFTS 268350 S0058651 6232.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 118.01 194584 10/27/2017 120163 ULINE INC. 580.00 WALL DESK PM SUPPLIES 268347 91028383 6146.6230 Repair/Maintenance Supplies-Ge North Plant Building 580.00 194585 10/27/2017 100464 VALLEY-RICH COMPANY INC 5,393.65 WO 53548 268368 24722 6160.6432 Utility System Repair-Labor Main Maintenance/Repair 5,393.65 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 23Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194586 10/27/2017 100237 VIKING ELECTRIC Continued... 153.40 NTP LIGHT SWITCHES 268328 S000876057.001 6146.6233 Building Repair Supplies North Plant Building 153.40 194587 10/27/2017 114534 VISTAR CORPORATION 444.64 VENDING RESALE 268331 49933235 6629.6855 Merchandise for Resale Vending 444.64 194588 10/27/2017 100706 WAL MART 5.88 SUPPLIES 268116 003741 3066.6227 Recreation Equipment/Supplies Dance/Movement 29.70 SUPPLIES 268116 003741 3057.6227 Recreation Equipment/Supplies Preschool Programs 79.76 SUPPLIES 268118 005674 1107.6220 Operating Supplies - General Support Services 23.51 SUPPLIES 268117 006658 1104.6220 Operating Supplies - General Patrolling/Traffic 138.85 194589 10/27/2017 138027 WATER CONSERVATION SERVICE INC. 1,015.44 WATER LEAK DETECTION 268348 7889 6160.6310 Professional Services-General Main Maintenance/Repair 1,015.44 194590 10/27/2017 147666 WOLLAN SR, TOM 1,452.00 TOM WOLLAN ADULT FB OFFICIALS 268332 102317-1 3052.6327 Sporting Event Officials Football 1,452.00 194591 10/27/2017 101755 XCEL ENERGY 146.25 ELECT CABINET-NICOLS RD 268330 51-0010197923-4 -101917 6301.6406 Electricity-Street Lights Street Lighting 146.25 194592 10/27/2017 100247 ZIEGLER INC 365.70 UNIT 118 268329 PC001919649 9001.1415 Inventory - Parts General Fund 365.70 20171003 10/27/2017 150536 MONEY MOVERS INC. 65.00 SEPTEMBER 2017 268394 103780 6807.4321 Memberships-Taxable Fitness Center 65.00 20171010 10/27/2017 147691 HR SIMPLIFIED INC. 225.00 SEPTEMBER 2017 268395 52836 9592.6536 Flex Plan Administration Fee Benefit Accrual 225.00 20175657 10/27/2017 147907 SELECT ACCOUNT 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 24Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20175657 10/27/2017 147907 SELECT ACCOUNT Continued... 891.00 MONTHLY FEES-OCTOBER 2017 268396 102417 9592.6536 Flex Plan Administration Fee Benefit Accrual 891.00 20175661 10/27/2017 147907 SELECT ACCOUNT 7,729.57 FLEX REIMBURSEMENT 268397 102617 9592.2215 Flex Plan Withholding Payable Benefit Accrual 7,729.57 20176012 10/27/2017 100901 MN DEPT OF REVENUE 19.00 TRANSIT TAX - SEP 2017 268398 SALES TAX-SEP2017 9001.2271 Transit Imprv Tax General Fund 520.00 SALES TAX - SEP 2017 268398 SALES TAX-SEP2017 9001.2270 Sales Tax Payable General Fund 1.00 TRANSIT TAX - SEP 2017 268398 SALES TAX-SEP2017 9197.2271 Transit Imprv Tax ETV 9.00 SALES TAX - SEP 2017 268398 SALES TAX-SEP2017 9197.2270 Sales Tax Payable ETV 808.00 TRANSIT TAX - SEP 2017 268398 SALES TAX-SEP2017 9220.2271 Transit Imprv Tax Public Utilities 22,223.00 SALES TAX - SEP 2017 268398 SALES TAX-SEP2017 9220.2270 Sales Tax Payable Public Utilities 61.00 TRANSIT TAX - SEP 2017 268398 SALES TAX-SEP2017 9221.2271 Transit Imprv Tax Civic Arena 1,734.00 SALES TAX - SEP 2017 268398 SALES TAX-SEP2017 9221.2270 Sales Tax Payable Civic Arena 84.00 TRANSIT TAX - SEP 2017 268398 SALES TAX-SEP2017 9222.2271 Transit Imprv Tax Cascade Bay 2,298.00 SALES TAX - SEP 2017 268398 SALES TAX-SEP2017 9222.2270 Sales Tax Payable Cascade Bay 266.00 TRANSIT TAX - SEP 2017 268398 SALES TAX-SEP2017 9223.2271 Transit Imprv Tax Central Park/Community Center 7,362.00 SALES TAX - SEP 2017 268398 SALES TAX-SEP2017 9223.2270 Sales Tax Payable Central Park/Community Center 35,385.00 20177010 10/27/2017 100901 MN DEPT OF REVENUE 25.00 FUEL TAX-SPECIAL 12/17 268399 FUEL TAX-SPECIAL 12/17 2440.6480 Licenses, Permits and Taxes Equip Maint-General 25.00 10/26/2017City of Eagan 16:41:06R55CKR2LOGIS101 25Page -Council Check Register by GL Council Check Register by Invoice & Summary 10/27/201710/23/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20177011 10/27/2017 100901 MN DEPT OF REVENUE Continued... 8.18 FUEL TAX (EQUIP) SEP 2017 268400 FUEL TAX - SEP 2017 3128.6235 Fuel, Lubricants, Additives Vehicle Maintenance 39.21 FUEL TAX (EQUIP) SEP 2017 268400 FUEL TAX - SEP 2017 3127.6235 Fuel, Lubricants, Additives Equipment Maintenance/Repair 194.05 FUEL TAX (CENT SV) SEP 2017 268400 FUEL TAX - SEP 2017 2244.6235 Fuel, Lubricants, Additives Street Equipment Repair/Mtn 113.39 FUEL TAX (SEWER) SEP 2017 268400 FUEL TAX - SEP 2017 6232.6235 Fuel, Lubricants, Additives Equipment Maintenance/Repair 354.83 1,447,957.00 Grand Total Payment Instrument Totals Checks 1,447,957.00 Total Payments 1,447,957.00 10/26/2017City of Eagan 16:41:13R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 10/27/201710/23/2017 - Company Amount 100,244.9409001GENERAL FUND 1,555.5809116CEDAR GROVE PARKING GARAGE 10.0009197ETV 898,507.1809220PUBLIC UTILITIES 15,143.0609221CIVIC ARENA 9,804.1009222CASCADE BAY 10,930.6709223CENTRAL PARK /COMMUNITY CENTER 1,030.0009225FIBER INFRASTRUCTURE FUND 2,771.1309328PARK SYS DEV AND R&R 2,349.6709334CEDARVALE/HWY 13 TIF 13,500.0009355MAINTENANCE FACILITY EXPANSION 27,053.0909372REVOLVING SAF-CONSTRUCTION 31,051.9109375MAJOR STREET 316,065.1109592BENEFIT ACCRUAL 17,940.5609695DAK CO DRUG TASK FORCE Report Totals 1,447,957.00 Agenda Information Memo November 6, 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: Agreement with LexisNexis Claims Solutions Inc. for a Coplogic Solutions software product Vendor Agreements with the following artists for the Pottery and Art Sale: o Amy Rhone o Andrea Sisel o Eagan Art Festival Board o Barbara Waltz o Caitlin Dowling o Carol Tana o Deb Oldenburg o Dorea Arguelles o Heidi VanSchooten o Jerri Neddermeyer o Juliet Parisi o Karen Ask o Lynn O’Gorman o Marie Biallas o Mary Lewis o Nancy Wester o Pat McKinley o Richard Pletcher o Siri Doan o Stacy Mellenbruch o Vicki Wright Confidentiality Agreement with Berkley Risk for access to the Berkley Risk Action Center Agreement with Select Account for administration of medical spending accounts Agreement with LifeWorks for administrative of an employee assistance program Renewal Agreement with BlueCross BlueShield for group Medicare coverage Grant Agreement with Aroha Philanthropies for funding an expansion of Senior Art Programs Attachments: (0) The contracts are available from the City Clerk’s Office. Agenda Information Memo November 6, Eagan City Council Meeting CONSENT AGENDA E. Approve a resolution to accept donations from Target Corporation, Keith Maiz, two anonymous Target employees and Piada Italian Street Food Action To Be Considered: To approve a resolution to accept a donation from Target Corporation, Keith Maiz, two anonymous Target employees and Piada Italian Street Food Facts: State Statute requires the Mayor and City Council to accept donations to the City via a resolution. The City has received the following donation: o $1,068 from Target Corporation for the Shop with a Copy program o $20 from Keith Maiz via Target’s payroll contribution program o $27 from two anonymous Target employees via Target’s payroll contribution program o 30 half piadas and a quinoa and beet salad from Piada Italian Street Food for a Parks & Recreation Community Dialogue Attachments: (1) CE-1 Resolution RESOLUTION NO. _______ CITY OF EAGAN Accept Donations WHERAS, the City of Eagan is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefits of its citizens, and is specifically authorized to accept gifts; and WHEREAS, the following person has offered to contribute the following donation set forth below to the City: Name of Donor Donation Target Corporation Keith Maiz Anonymous donor Anonymous donor Piada Italian Street Food $1,068 for Shop with a Cop program $20 $12 $15 Food for a Parks & Recreation Community Dialogue WHEREAS, the donation has been contributed to the City for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donation offered. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby accepts the donation described above. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Motion by: Attest: _______________________ Seconded by: Its Clerk Those in favor: Those against: Date: November 6, 2017 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of November, 2017. ____________________________ City Clerk Agenda Information Memo November 6, 2017, Eagan City Council Meeting CONSENT AGENDA F. Approve Off-Sale Liquor License for T & M Liquor, Inc. doing business as T & M Liquor, 4130 Blackhawk Road, Suite 100 Action To Be Considered: To approve an Off-Sale Liquor License for T & M Liquor, Inc. doing business as T & M Liquor, 4130 Blackhawk Road, Suite 100. Facts: Vy Vorasane and Amphaphone Sengsourichanh, officers of T & M Liquor, Inc., have applied for an off-sale liquor license for a liquor store located at 4130 Blackhawk Road, Suite 100. T & M Liquor, Inc. is purchasing BK Discount Liquor. All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA G.Approve utilization of a temporary contractual commercial building inspector and time extension of a temporary contractual residential building inspector, and related 2017 budget amendment Action to be considered: To approve utilization of a temporary contractual commercial building inspector and time extension of a temporary contractual residential building inspector, and amend the 2017 budget accordingly to reflect an increase in revenues and expenditures of $58,000. Facts: Development activity in Eagan this year is at an all-time high. New valuation to date exceeds $300 million. Building permit and plan review revenues have surpassed the $3 million mark this year, more than double what was estimated in the budget. The high level of activity has strained our commercial and residential building inspector resources. Our usual turnaround time for plan review is 3-4 weeks; currently, it’s 4-6 weeks. We like to perform inspections within 24 hours of request; currently, we are booked 2-3 days out. To return our customer service levels to the community’s expectations, it is proposed we extend our contractual residential inspector for 3 months beyond what was originally budgeted, and bring on an additional commercial inspector through the end of this year and into 2018. (The 2018 budget will reflect the adjustment when presented for approval at the Truth-in-Taxation hearing in December.) The additional cost is $25,000 for the residential inspector, and $33,000 for the commercial inspector. The 2017 budget amendment is an increase to building permit revenue (line item 0800.4085) of $58,000, and an increase to contractual services (0800.6310) in the same amount. The overall General Fund budget remains balanced. Attachments: (2) CG-1 Agreement & Contract for Building Inspection Services CG-2 Additional Contract Inspector Memo AGREEMENT AND CONTRACT FOR BUILDING INSPECTION SERVICES THIS AGREEMENT is made and entered into this ________ day of ___________, 2017 by and between the City of Eagan, Minnesota (City) and MNSPECT, LLC, a Minnesota Limited Liability Company (Inspector). WITNESSETH: WHEREAS, the City is desirous of contracting with Inspector for the performance of the hereinafter specified inspection services with the City, and WHEREAS, Inspector is agreeable to rendering services on the terms and conditions hereinafter set forth, NOW, THEREFORE, the parties hereto agree as follows: 1. Inspection Services: A. Inspector will provide inspection services for the City of Eagan on the following terms and conditions: A. Perform comprehensive plan review services on an as requested basis, with 10 business day turn around for residential IRC) and 15 business day turnaround for commercial (IBC), fire suppression, or mechanical (IMC/IFGC) plans. B. Provide Commercial field inspections through 10-31-2018. C. Provide Residential field inspections through 12-31-2019. D. Inspector shall provide individuals meeting City of Eagan’s Building Official’s requirements and qualifications. 2. Independent Contractor: It is acknowledged by and between the parties hereto that the Inspector is an independent contractor contracting with the Municipality to perform the services as provided in this agreement. A. Non-Employee Status – Personnel assigned to perform the Services to be provided by Inspector pursuant to this agreement shall be officers, employees, or sub-contractors of Inspector. Inspector assumes full responsibility for the actions of such personnel while performing services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits and payment of salary (works’ compensation insurance, salary, retirement contributions, withholding tax, health insurance, , and unemployment insurance). The Municipality shall not be responsible to furnish any benefits to such personnel. B. Insurance i. Auto Insurance – Inspector in carrying out its obligation under this agreement, shall supply, upon the request of the Municipality, a Certificate of Insurance for owned, hired, and non-owned auto usage coverage for liability in the amounts of $100,000 per claim, $300,000 per occurrence coverage for personal injury and $25,000 per claim, $50,000 per occurrence for property damage insurance. ii. Workers’ Compensation Insurance – The Inspector shall provide its employees with workers’ compensation coverage in the amount of $100,000/$500,000/$100,000. iii. General Liability Insurance – The Inspector shall provide the City upon request with copies of General Liability Insurance in an amount of at least $500,000 covering all personnel employed by Inspector in capacity of acting as an Agent of the City. C. Communications, Equipment, and Supplies The Inspector shall provide, at its sole expense, all necessary equipment, vehicles and supplies to carry out its obligations under this agreement. 3. Effective Date of Service The effective date of service to which the terms of this agreement shall apply will be on the _______ day of _______________, 2017. 4. Termination of Agreement This Agreement shall remain in force and effect from the effective date of service until canceled by either party upon 90 days advance written notice. 5. Cost to the City for Services The City shall pay within 15 days of submission of a bill for the following services: A. Requested plan review to be 40% of the permit fee charged by the City. B. Commercial Field Inspector (BO Certification) shall be billed $95.00 per hour. C. Residential Field Inspector (BO Limited Certification) shall be billed at $65.00 per hour through 2018, and $68.25 per hour in 2019. D. Billable hours/days shall exclude holidays. 6. Assignment Inspector may not assign any of its rights or duties under this agreement without the prior written consent of the City. 7. Entire Agreement This is the entire Agreement of the parties. 8. Staff Each of the parties hereto agrees that while Inspector is performing services under this Agreement and for the period of twelve (12) months following the performance of such services or the terminate of this Agreement, whichever is later, neither party will, except with the other party’s written approval, solicit or offer employment as an employee, inspector, independent contractor, or in any other capacity to the other party’s employees or staff engaged under this Agreement without the prior written consent of the other party. 9. Choice of Law This Agreement shall be governed and construed in accordance with the State of Minnesota Law. 10. Representation of Authority The undersigned executing this Agreement for MNSPECT, LLC, represents and warrants that he has been duly authorized to execute this Agreement on behalf of MNSPECT, LLC, by the organization’s Board of Directors, and that this Agreement shall bind it to the terms and obligations contained herein. 11. Notices During the term of this Agreement, notices required or contemplated by this Agreement shall be in writing and deemed given (a) when delivered personally, or (b) on the day said communication is received or refused to be received when delivered by US Mail, Certified mail, return receipt requested, or (C) the next business day after delivery or said notice to a nationally recognized overnight courier services, or (d) the business day the sent notice is sent via facsimile, addressed as follows: To City: To Inspector: City of Eagan MNSPECT, LLC Attn: Dale Schoeppner Attn: Scott Qualle 3830 Pilot Knob Road 235 First Street West Eagan, MN 55122 Waconia, MN 55387 IN WITNESS THEREOF, the parties have executed this agreement in duplicate this _________ day of _______________, 2017. CITY OF EAGAN MNSPECT, LLC By: By: Mike Maguire, Mayor Scott Qualle, President Attest: By: Christina Scipioni, City Clerk Memo To: Jill Hutmacher, Community Development Director From: Dale Schoeppner, Chief Building Official Date: October 10, 2017 Subject: Request for Additional Contract Inspector As you are aware, the City has experienced unprecedented construction activity in 2017. Based on permits that are already issued and projects submitted for plan review, continued levels of high activity are expected through 2018. Year-to-date we have issued Building Permits worth $314,000,000 in valuation. This amount has far surpassed our previous high of $218,000,000 in 2013, largely attributed to the Twin Cities Premium Outlets. The year-to-date permit fees collected have totaled $ 3,190,000. We had originally projected that the year-end revenue would be closer to $1.4 million. We have also issued over 500 storm permits this year from a hail storm that hit SE Eagan earlier this year. The heightened construction activity has resulted in a reduced level of customer service for permit issuance and inspections. Prior to this year, we were able to complete plan review and issue Commercial Building Permits within 3 to 4 weeks of submittal. Our current turnaround time for commercial plan review is at least 4 to 6 weeks from submittal. Furthermore, we would like to be able to perform inspections within 24 hours of request, but schedules are currently booked 2 to 3 days out. In attempts to keep up with the heavy levels of activity, inspectors have put in many overtime hours, exceeding the 2017 overtime budgeted amount. The 2017 budget included a temporary residential inspector until November. The 2018 and 2019 budgets were proposed to have one temporary full time inspector for both years. As previously discussed with Administration and Finance, I am requesting that we keep our temporary residential inspector through the end of 2017. I am also requesting that we add one full-time temporary commercial inspector as soon as possible and retain them through October 2018, if the workload remains at its current level. A large amount of our commercial projects are wood-framed apartment buildings and hotels. Wood- frame, multi-level structures take more time to inspect and perform plan reviews. Combustible buildings are required to comply with additional Building and Fire Codes that are not applicable to steel or concrete constructed buildings. There are even more Code requirements with apartment and hotel wood-framed buildings since they are used as sleeping and living quarters. This necessitates that the units must be compartmented from one another. All of these factors result in projects that are time- consuming from start to finish. Page 2 Attached you will find a revised contract that contains hourly rates for commercial and residential Inspectors. As with our current contract inspector from MNSpect, the City provides an office workstation and mobile phone and MNSpect provides a vehicle, insurance and inspection supplies. The cost for retaining the existing residential contract inspector through the end of this 2017 would be approximately $25,000 ($62.50/hour x 400 hours). The hourly rate for a residential MNSpect inspector is $65.00/hour in 2018 and $68.25/hour in 2019. The estimated cost of adding a contract commercial inspector through October 2018 would be $197,600 ($95/hour x 2080 hours). The matrix on the following page displays commercial projects in the current plan review and/or construction process, and includes anticipated completion dates. It is common for the construction phase of projects to commence into adjacent years. Page 3 Project Anticipated Completion Date Permit Issued Date Affinity at Eagan Sep-18 04/20/2017 Aldi Jun-18 Pending Applewood Pointe Senior Living Pending Bank of America Nov-17 05/11/2017 Beyond Self Storage Jun-18 09/13/2017 Chick-Fil-A Nov-17 06/16/2017 City & County Credit Union May-18 08/23/2017 CityVue II Mar-18 04/11/2017 Gateway 2 Office/Warehouse Dec-17 07/18/2017 Home 2 Hilton May-18 06/01/2017 Minnesota Autism Center (MAC) Nov-17 07/18/2017 New Office Building Pending Prime Therapeutics Phase 1 Oct-18 09/11/2017 Prime Therapeutics Phase 2 Mar-19 09/15/2017 Quarry at Central Park Apartments Mar-19 Pending Residence Inn by Marriott Nov-18 Pending Starbucks Coffee Company Jan-18 07/12/2017 Stonehaven Senior Living Jul-18 04/25/2017 Twin Cities Orthopedics Medical Office Building Mar-18 04/24/2017 Twin Cities Orthopedics Sports Medicine Center Mar-18 03/17/2017 Vikings Headquarters, IPF & Grounds Keeper Building Mar-18 03/14/2017 Vikings Plaza Jun-18 09/29/2017 Vikings Sitework & Landscaping Jun-18 Pending Vikings Stadium Jun-18 05/04/2017 Vikings STEM Building Mar-18 Pending White House Custom Colour Mar-18 08/21/2017 Additional Projects Status Comfort Inn & Suites Planning Approvals, Pending Preserve at Cedar Grove Begin Construction Mid-2018 Fairfield Inn by Marriott Begin Construction Mid-2018 Viking Lakes Apartments Begin Construction Mid-2018 Country Inn & Suites Planning Approvals, Pending 500+ Storm Permits Ongoing Agenda Information Memo November 6, 2017 Regular City Council Meeting CONSENT AGENDA H. Approve senior citizen deferment of special assessment for street improvements for 4689 Penkwe Way Action to be considered: To approve the application for senior citizen deferment of special assessment for 4689 Penkwe Way. Facts: Section 2.75 of the Eagan City Code allows for the deferment of special assessments for senior citizens, if certain income criteria are met. The City has received a request from the property owner at 4689 Penkwe Way for a deferment of special assessment related to the delinquent utility bill. Staff has reviewed the application and determined that the eligibility requirements are met. Interest on the original assessment of $11,152.91 will accrue at 4.0% per annum from the date of adoption, which was September 5, 2017. Attachments: (0) Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA I. Approve a Joint Powers Agreement between the City of Eagan (as fiscal agent for the Dakota County Drug Task Force) and Dakota County for the administration and distribution of the High-Intensity Drug Trafficking Areas Program grant Action to be considered: To approve a Joint Powers Agreement for the administration and distribution of the High-Intensity Drug Trafficking Areas Program grant. Facts: The High Intensity Drug Trafficking Areas Program (HIDTA) is managed by the Office of National Drug Control Policy. The mission of the HIDTA program is to disrupt the market for illegal drugs in the US by assisting law enforcement agencies. The Dakota County Drug Task Force is a primary law enforcement agency in Dakota County fighting drug trafficking and violent crime. The HIDTA program awarded a grant to the Dakota County Drug Task Force and Dakota County to fund various tasks fighting illegal drugs and violent crime. The City of Eagan as a fiscal agent for the Dakota County Drug Task Force is responsible for the administration and distribution of the grant. The JPA between the City of Eagan and Dakota County is required to comply with grant terms and distribute funds to Dakota County. The Office of National Drug Control Policy has awarded the Drug Task Force $80,000 for 2017 and 2018. Dakota County is a recipient of $70,000 in 2017 and 2018. A copy of the JPA is attached for the Mayor and City Clerk to endorse. Attachments: (1) CI-1 Joint Powers Agreement JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAGAN AND DAKOTA COUNTY FOR THE ADMINISTRATION AND DISTRIBUTION OF THE HIDTA GRANT THIS JOINT POWERS AGREEMENT ("Agreement") is made this day of , 2017 by and between the County of Dakota, a political subdivision of the State of Minnesota ("County") and the City of Eagan ("City") pursuant to Minnesota Statutes § 471.59. The County and the City are sometimes collectively referred to as the "Parties." The Parties are political subdivisions of the State of Minnesota. RECITALS: I. On August 7, 2017, the High Intensity Trafficking Areas ("HIDTA) program awarded a grant, award number G17ML0027A, in the amount of $150,000.00 (the "Grant") to the City. II. As the award recipient of the Grant, the City assumes the administrative and financial responsibilities of the Grant, and agrees to comply with the grant conditions set forth on pages 2 through 8 of the grant agreement (the "Grant Conditions"), entered into between City and the Office of the National Drug Control Policy ("ONDCP"). III. The County is a resource recipient of the Grant and will receive $70,000.00 from the City. IV. The County will use the $70,000.00 to pay the salary and benefits of one 1.0 FTE staff person ("Employee") to be assigned to the Dakota County Drug Task Force to fulfill the requirements of the Grant. V. As a resource recipient of the Grant, the County is also responsible for complying with the Grant Conditions. NOW, THEREFORE, the Parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to provide for the administration and distribution of the Grant and compliance of the Grant Conditions. County, through its employees, agents or contractors, will provide the services described in Paragraph 3. City, through its employees, agents or contractors, will provide the services described in Section IV herein. 2. TIME OF PERFORMANCE AND FUNDING. Notwithstanding the date of execution by the Parties, the time of performance of this Agreement shall be from September 15, 2017 and continue until December 31, 2018. 3. COUNTY DUTIES AND RESPONSIBILITIES. County agrees to comply with the Grant Conditions, attached hereto as Exhibit A, and any subsequent agreements entered into between City and ONDCP in connection with the Grant during the time of performance of this Agreement and all requirements of the HIDTA program and other applicable laws. 4. CITY DUTIES AND REASPONSIBILITES. City agrees to comply with the Grant Conditions and provide any information to County that is required for County to undertake the activities described in Paragraph 3. 5. DISBURSEMENT PROCEDURE. As long as no default has occurred under this Agreement, the City shall reimburse the County for all costs, up to but no more than $70,000, that the County incurs relating to the employment of the Employee, including salary, PERA benefits, FICA/Medicare, workers' compensation insurance, and County provided health, dental, and life insurance. The County shall provide an invoice to the City on a quarterly basis, detailing the full costs associated with the Employee assigned to the Dakota County Sheriff's Office, and the City shall pay to the County the invoiced costs within 30 days of receipt of the invoice. 6. REPORTING, ACCOUNTING; AND AUDITING REQUIREMENTS. a. Accounting and Records. Under Minn. Stat. § 16C.05, subd. 5, each Party's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement b. Auditing. The Parties shall comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each Party 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. C. Access to Records. For purposes of an audit, each party shall allow the other party access to its records at reasonable hours, including all books, records, documents, and accounting procedures and practices relevant to the subject matter of this Agreement 7. LIAISONS. To assist the Parties in the performance of this Agreement and the Grant Conditions, liaisons shall be designated by the Parties. The Parties shall inform the others, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are the designated liaisons: County's Liaison: Joseph Leko or successor, Chief Deputy 1580 Highway 55 Hastings, MN 55033 City's Liaison: 3830 Pilot Knob Road Eagan, MN 55122 8. MERGER AND MODIFICATION. It is understood and agreed this Agreement and the Grant Conditions are the entire agreement between the Parties and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be a part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to written form as an amendment to this Agreement signed by the Parties. 9. DEFAULT AND CANCELLATION. A default will occur if either party fails to perform any of the provisions of this Agreement. In the event of a default by County, City may refuse to disburse fiends under this Agreement until such default is cured. 10. INDEPENDENT CONTRACTOR. County shall select the means, method, and manner of performing the obligations herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the Parties hereto or as constituting County as the agent, representative or employee of City for any purpose or in any manner whatsoever. County is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Any and all personnel of County or other persons while engaged in the performance of any work or services required by County under this Agreement shall have no contractual relationship with City, and shall not be considered employees of City. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against County, its officers, agents, contractors, or employees shall not be the responsibility of City. Such personnel of other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Insurance, disability, severance pay and PERA. 11. INDEMNIFICATION. Each party to this Agreement shall be liable for the acts or omissions of its officers, directors, employees or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of the other party, its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the Parties' acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgment. The Paragraph 11 shall survive the expiration or earlier termination of this Agreement. 12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts and by the Parties hereto on separate counterparts, each of which counterparts when so executed and delivered shall be deemed to be an original, and all of which counterparts when taken together shall constitute one Agreement. 13. TERMINATION. If this Agreement is not cancelled before December 31, 2018, this Agreement shall automatically terminate on January 1, 2019. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by its duly authorized officers. DAKOTA COUNTY By: Title: Date: CITY OF EAGAN By: Mike Maguire Its: Mayor Date: Approved as to form: Approved by Dakota County Board Resolution #: Approved as to form: /s/Helen R. Brosnahan 10/18/17 Assistant County Attorney/Date County Attorney File No. KS -17-474 in Christina M. Scipioni Its: City Clerk Date: Approved by Eagan City Council ✓� • N / / b' 1,7 Resolution #: City Attorney/Date Mr. Dave Osberg City of Eagan 3830 Pilot Knob Rd Eagan, MN 551.22-1.810 Dear Dave,Osberg: EXHIBIT August 7, 2017 We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G17ML0027A) has been awarded in the amount of $150,000. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the North Central HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit Endings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Shannon Kelly at (202) 395- 5872. Sincerely, Michael K. Gottlieb Associate Director Executive Office of the President Office of National Drug Control Policy Page 1 of 8 Grant Agreement 1, Recipient Name and Address 4. Award Number (FAIN): G17.ML0027A Dave Osberg City of Eagan 5. Period of Performance: 3830 Pilot Knob Rd From 01/01/2017 to 12/31/2018 Eagan, MN 55122-1810 2. Total Amount of the Federal Funds Obligated: 6. Federal Award Date: 7. Action: $150,000 August 7, 2017 Initial 2A, Budget Approved by the Federal. Awarding 8. Supplement Number Agency $150,000 3. CFDA Name and Number: 9. Previous Award Amount: High Intensity Drug Trafficking Areas Program - 95.001 _ 3A. Project Description 10. Amount of Federal Funds Obligated by this Action: $150,000 High Intensity Drug Trafficking Areas (HIDTA) 11, Total Amount of Federal Award: Program $150,000 12. This Grant is non R&D and approved subject to such conditions or limitations as are set forth on the attached pages. 13. Statutory Authority for Grant: Public Law 115-31 ` > A;�GENC�'�EAPf'RC?Y.c�L � CiPIENT ACCEPTANCE ��� 14. Typed Name and Title of Approving Official 15, Typed Name and Title of Autharized Official Michael K. Gottlieb City Administrator Dave Osberg Associate Director Office of National Drug Control Policy City of Eagan 16. Signature of Approving ONDCP Official 17. Signature Autharized Recipient/Date AGENCY USI; ONLY 18. Accounting Classification Code 19, HIDTA AWARD DUNS: 071789556 OND107ODB1718XX OND6113 EIN: 1410847612A1 OND2000000000 OC 410001 .55552,55553 Grant G17M.L0027A Page 2 of 8 C11�:7►, 1�►1 ���. A. General Terms and Conditions 1. This award is subject to The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Pail 200 (the "Part 200 Uniform. Requirements"), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 CY.R. Part 3603. For this award, the Part 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. For more information on the Part 200 Uniform Requirements, see https://cfo.gov/cofar/, For specific, award -related questions, recipients should contact ON.DCP promptly for clarification. 2. This award is subject to the following additional regulations and requirements: " 28 CFR Part 69 — "New Restrictions on Lobbying" ' Conflict of Interest and Mandatory Disclosure Requirements, set out in paragraph 7 of these terms and conditions ' Non-profit Certifications (when applicable) Audits conducted pursuant to 2 CFR Part 200, Subpart F, "Audit Requirements" must be submitted no later than nine months after the close of the grantee's audited fiscal. year to the Federal Audit Clearinghouse at https:/Iharvester.census.gov/facweb/. 4. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). Federal Financial Report is required to be submitted quarterly and within 90 days after the grant is closed out. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 6. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the grantee, its fiscal agent (s), employees, contractors, as well as state, local, and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. These general terms and conditions, as well as archives of previous versions of the general terms and conditions, are available online at www whitehouse �yl�an�lcy� r gnts. Conflict of Interest and Mandatory Disclosures A. Conflict of Interest Requirernents Grant G17ML0027A. Page 3 of 8 As a non -Federal entity, you must follow ONDCP's conflict of interest policies for Federal awards. Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass-through entities must require disclosure from subrecipients or contractors. This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub -awards as well as contracts, and are as follows: i. As a non -Federal entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award, and administration of subawards and contracts. ii. None of your employees may participate in the selection, award, or administration of a subaward or contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal. benefit from an organization considered for a sub - award or contract. The officers, employees, and agents of the non -Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from subrecipients or contractors or parties to subawards or contracts. iii. If you have a parent, affiliate, or subsidiary organization that is not a state, local government, or Native American tribe, you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub -award or procurement action involving a related organization. B. Mandatot Disclosure Re uirement As a non -Federal entity, you must disclose, in a timely mariner, in writing to ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Federal award. Non -Federal entities that .have received a Federal award that includes the terra and condition outlined in 200 CFR Part 200, Appendix XII "Award Term and Condition for Recipient Integrity and Performance Matters," are required to report certain civil, criminal, or administrative proceedings to System for Award Management (SAM). Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency, disallowance of all or part of the costs associated with noncompliance, suspension, termination of award, debarment, or other legally available remedies outlined in 2 CFR 200.338 "Remedies for Noncompliance". 8. Federal Funding Accountability and Transparency (FFATA) / Digital Accountability and Transparency Act (DATA Act). Each applicant is required to (i) Be registered in SAM before submitting its application; (ii) provide a valid DUNS number in its application; (iii) continue to maintain an active System for Award Management registration with current information at all times during which it has an active Federal award; and (iv) provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. Subawards are authorized under this grant award. Subawards must be monitored by the award recipient as outlined in 2 CFR 200.331. Grant GI7ML0027A Page 4 of 8 10. Recipients must comply with the Government -wide Suspension and Debarment provision set forth at 2 CFR Part 180, dealing with all sub -awards and contracts issued under the grant. 11. As specified in the HIDTA Program Policy and Budget Guidance, recipient must: a) Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds are managed in compliance with Federal statutes, regulations and award terms and conditions. These internal controls should be in compliance with the guidance in "Standards for Internal Control. in the Federal Government," issued by the Comptroller General of the United States and the "Internal Control Integrated Framework," issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. c) Evaluate and monitor compliance with applicable statute and regulations, and the terms and conditions of the Federal award. d) Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. c) Take reasonable measures to safeguard protected PH and other information ONDCP or the recipient designates consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. Reporting of Matters Related to Recipient Integrity and Performance 1, General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts fi-om all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain and report current information to the SAM that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition (below). This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal. Government; b. Reached its final disposition during the most recent 5 year period; and c. Is one of the following: Grant G17MLOO27A :Page 5 0£ 8 (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition (below); (2) A civil proceeding that resulted in a Ending of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were•awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent 5 year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Anned Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and state level, but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes -- (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and Grant G17MLOO27A Page b of 8 (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. The following special conditions are incorporated into each award document. 1. This grant is awarded for above prograrn. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance (PPBG). 2. This award is subject to the requirements in ONDCP's HIDTA PPBG. 3. No HIDTA funds shall be used to supplant state or local. funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information .collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. S. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e., the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6 of the HIDTA Program Policy and Budget Guidance. 6. Property acquired with these HIDTA grant funds is to be used for activities of the North Central HIDTA. If your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HI.DTA's Executive Board for use by other HIDTA participants. 7. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. 1. All entities that receive funds from this award are responsible for achieving performance goals established in the HIDTA Performance Management Process (PMP) and approved by the HIDTA's Executive Board and ONDCP. 2. All entities that receive funds from this award must report progress in achieving performance goals at least quarterly using the PMP. See also Section A. 4 regarding Federal Financial Reports. L A request for Advance or Reimbursement shall. be made using the HHS/DPM system (www.dpm.pse.gov). 2. The grantee, must utilize the object classes specified within the initial grant application each time they submit a disbursement request to ONDCP. Requests for payment in the DFM system will not be approved unless the required disbursements have been entered using the corresponding object class designations. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be Federal Deposit Insurance Corporation (FDIC) insured. The account must be interest bearing. Grant G17ML0027A Page 7 of 8 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31. U.S.C. 6501 et seq.) and the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450), awardees and sub-awardees shall promptly, but at least annually, remit interest earned on advances to HHS/DPM using the remittance instructions provided below. Remittance Instructions - Remittances must include pertinent information of the payee and. nature of payment in the memo area (often referred to as "addenda records" by Financial Institutions) as that will assist in the timely posting of interest earned on Federal finds, Pertinent details include the Payee Account Number (PAN), reason for check (remittance of interest earned on advance payments), check number (if applicable), awardee name, award number, interest period covered, and contact name and number. The remittance must be submitted as follows: Through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment, (i) For ACH Returns: Routing Number: 051036706 Account number: 303000 Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN (ii) For Fedwire Returns*: Routing Number: 021030004 Account number: 75010501 Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer Division New York, NY (* Please note organization initiating payment is likely to incur a charge from your Financial Institution for this type of payment) For recipients that do not have electronic remittance capability, please make check** payable to: "The Department of Health and Human Services." Mail Check to Treasury approved lockbox: HHS Program Support Center, P.O. Box 530231, Atlanta, GA 30353-0231 (** Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account) Any additional infonnation/instructions may be found on the PMS Web site at 1at�,W//www Xz 4. The grantee or subgrantee may keep interest amounts up to $500 per year for administrative purposes. Dave Osberg #Error Mike Maguire, M Christina M. Scipioni, Clerk, Grant G17ML0027A Page 8 of 8 Date: Y---6 --12 Date: Date: scc* � ' \ \ / \ § S . g 2 , ` 0C) 2 E i . w w t CL \d / \ » & �\\ t § � g % .. � c k FA \ A �\a " � � Budget Detail 2017 - North Central Initiative - Award Recipient - City of Eagan (G17ML0027A) Resource Recipient - City of Eagan indIrect cost.- a o% Awarded Budget (as approved by ONDCP) T -- ---------- --- - Services $50,000.00 Total Services $50,000.00 es N Supplies $10,000.00 Total Supplies $10,000.00 Other -- ------ --------- ----- - - ---- ----- - - ------- - $20,000.00 Total Other $20,000.00 Total Budget $80,000.00 Page 1 of 2 8/7/2017 2:16:32 PM Total Personnel $50,000.00 .......... - Fringe $20,000.00 Total Fringe $20,000.00 Total Budget $70,000.00 Page 2 of 2 8/7/2017 2:16:32 PM Agenda Information Memo November 11, 2017, Eagan City Council Meeting J. Approve the 2017 Budget Amendments resulting from compensation plan adjustments Action To Be Considered: To approve 2017 Budget Amendment totaling $52,000 resulting from the compensation plan changes. Facts: The Springsted Compensation study recommended a new compensation plan which was accepted by the City Council on July 18,2017, with approval of position reclassifications occurring at the October 3, 2017 meeting. City Council approval of the new compensation plan during 2017 necessitates adjusts to the compensation levels in the 2017 budgets. Recommended amendments are presented to also include and account for the resignations, retirements and new employees for 2017 after the original budget was adopted in December of 2016. Most new hires were hired at a lessor compensation level than their predecessors, which may result in a decrease to a department budget. Budget amendments for the compensation study, and new employees will use previously General Fund contingency funds. The budget amendments are presented at the Department level for the General Fund and the fund level for other funds and are as follows: Attachments: (0) Original Amended Budget GENERAL FUND Budget Budget Amendment Mayor and Council 152,100 152,100 - Administration 583,200 584,400 1,200 Information Technologies 1,660,000 1,661,600 1,600 City Clerk 273,700 274,600 900 Finance 880,400 902,300 21,900 Legal 405,000 405,000 - Comm. Dev - Planning 1,111,700 1,112,900 1,200 Comm. Dev - Inspections 1,194,900 1,201,900 7,000 Communications 649,900 652,400 2,500 Human Resources 458,800 462,500 3,700 Police 13,004,700 13,019,700 15,000 Fire 2,957,200 2,961,200 4,000 Engineering 1,343,300 1,343,100 (200) Streets and Highways 1,986,200 1,987,300 1,100 Central Services Maintenance 688,500 689,400 900 Recreation 2,199,500 2,195,500 (4,000) Parks/Administration 2,108,900 2,099,900 (9,000) Tree Conservation 616,200 618,000 1,800 Building Maintenance 782,500 784,000 1,500 Contingency 543,500 492,400 (51,100) Total General Fund 33,600,200 33,600,200 - PUBLIC UTILITIES Water 8,079,600 8,074,800 (4,800) Sewer 8,074,100 8,067,300 (6,800) Street Lighting 682,900 682,900 - Storm Water 1,074,300 1,074,300 - Water Quality 2,773,300 2,774,200 900 Total Public Utilities 20,684,200 20,673,500 (10,700) OTHER FUNDS Civic Arena*1,089,000 1,089,000 - Cascade Bay 1,085,900 1,089,600 3,700 Eagan Community Center 1,885,800 1,890,000 4,200 AccessEagan 465,300 465,700 400 Eagan TV 604,600 607,900 3,300 *Personal Services will be adjusted by $2,000 but will be offset with an adjustment to the Debt service 2017 Budget Agenda Information Memo November 6, 2017, Eagan City Council Meeting CONSENT AGENDA: K. Adopt A Resolution Accepting A Donation From Eagan Citizens’ Crime Prevention Association And Make An Amendment to the 2017 Budget. Action To Be Considered: Adopt a resolution accepting a $22,000 donation from the Eagan Citizens’ Crime Prevention Association (ECCPA) that will be used to reimburse the City for the purchase of a new vehicle for the police department. Facts: At the June, 20, 2017, Eagan City Council Meeting, the ECCPA donated $10,000 to reimburse the City for expenses related to the purchase of an “undercover” vehicle for the police department. The car was purchased for $32,000. The ECCPA wishes to donate another $22,000 to cover the entire cost. The appropriate revenue (3511.4663) and expenditure (3511.6680) line items in the Equipment Revolving Fund will be adjusted to reflect the donation and related expenditure, respectively. Attachments: (1) CK-1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Citizens’ Crime Prevention Association WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Citizens’ Crime Prevention Association has presented the police department with a donation in the amount of $22,000. The funds will be used to reimburse the City after the purchase of a new vehicle for the police department. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Citizens’ Crime Prevention Association for the gracious and generous donation. ADOPTED this 6th day of November, 2017. CITY OF EAGAN CITY COUNCIL By: ____________________ It’s Mayor Attest: __________________ It’s Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Informational Memo November 6, 2017, Eagan City Council Meeting L. Authorize the purchase of a fire ladder truck from Fire Safety USA Action To Be Considered: To authorize the purchase of a fire ladder truck from Fire Safety USA. Facts: The 2017 CIP budget included approval to replace the fire ladder platform truck for an estimated amount of $1.5 million dollars. The attached proposals are from Fire Safety USA is using the Houston Galveston Area Council (HGAC) purchasing consortium pricing. The cost of the new fire ladder platform truck is $1,210,000 before a trade in credit for the current 2002 platform truck. o Cost for the new 2018 fire ladder platform truck: $1,210,000 o Trade in value for the 2002 fire ladder truck: ($330,000) o Total cost of new fire ladder platform truck without equipment is: $880,000 As part of the fire station consolidation and new fire staffing model, the fire department has determined that they will no longer need three aerial devices. The second attached proposal from Fire Safety USA is to trade in three existing fire engines and purchase one additional 100’ ladder truck. o This will reduce our overall fire truck fleet size and reduce three aerial trucks to two. o It will also provide two 100’ aerial devices for the increase in multi-level buildings. The two aerial devices being traded in are 50 and 75’ high. The second ladder truck has a purchase price of $925,000 but after trade in values of the three existing trucks of $765,000, the cost will be $160,000. Total cost of both ladder trucks will be $1,040,000. Fire Chief Scott has reviewed this proposal with the City Attorney. At the suggestion of the City’s financial consultant, Northland Securities, financing for the ladder trucks will be combined with the City Hall/Police remodeling CIP bonds to be issued in early 2018. Debt service for the ladder truck portion of the bonds will come from the existing $360,000 annual Fire Apparatus capital levy, so no additional tax levy is required. Attachments: (2) CL-1 Fire Safety USA Proposal 100’ platform ladder truck CL-2 Fire Safety USA Proposal 100’ ladder truck 1 FIRE APPARATUS PURCHASE CONTRACT AGREEMENT This Agreement (“Agreement”) is made this 8th day of November, 2017, by and between Fire Safety USA, Inc., 3253 19th Street NW, Rochester, MN, 55901, (hereinafter ''Company'') and the City of Eagan (hereinafter ''Buyer''). 1.) Purchase: The Company agrees to sell, and the Buyer agrees to purchase, the fire apparatus and equipment described in the Company's Proposal and the Specifications attached hereto and hereby incorporated by reference (the "Apparatus"), all in accordance with the terms and conditions of this Agreement. Changes to the Specifications attached hereto will only be executed by the Company if documented by a Change Order signed by both parties. In the event of any conflict between the Company's Proposal and the Buyer's Specifications, the Company's proposal shall prevail. The Buyer desires to purchase the Apparatus through the Houston-Galveston Area Council (“HGAC”), a government-to-government procurement service. The Company represents and warrants to the Buyer that the Company and E-One are HGAC contractors, and shall cooperate with the Buyer to complete this transaction through HGAC in compliance with HGAC requirements and applicable law. 2.) Purchase Price: One (1) New 2018 E-One Cyclone, HP100 Aerial Platform Fire Apparatus [$1,210,000.00] Trade-In Value for (1) Pierce Aerial Platform Fire Apparatus < -$330,000.00*> The Buyer agrees to pay purchase price of Eight Hundred Eighty Thousand Dollars. [$880,000.00] *Contingent upon City of Winsted contracting for purchase on or before 11/9/17. This offer is valid through November 9th, 2017. Unless otherwise specified, this Purchase Price is exclusive of all Federal, State or local taxes of any nature. Any such taxes are the sole responsibility of the Buyer unless specifically added to the Purchase Price, at which time they will be paid by the Company; provided, however, if the Buyer claims the Order is exempt from any tax, Buyer agrees to furnish the applicable exemption certificate to the Company and to hold the Company harmless from any damage which may result from the Company ultimately having any such tax assessed against it. PAYMENTS Buyer agrees that the terms of payment shall include cash upon delivery and acceptance of new apparatus. CUSTOMER SHALL MAKE ALL PAYMENTS, INCLUDING DEPOSITS AND PARTIAL PAYMENTS, TO THE COMPANY ONLY. ALL CHECKS SHALL BE MADE PAYABLE TO FIRE SAFETY USA, INC. NO OTHER PAYEE SHALL BE NAMED. 3.) Pre-Build: If included in the specifications, a pre-build conference will be conducted to ascertain and confirm customer requirements with respect to the Apparatus ordered by Buyer. Both parties agree that the pre-build conference will be conducted no later than thirty (30) business days from execution of this Agreement. √ 2 4.) Delivery: The Apparatus shall be delivered F.O.B. to the Fire Department approximately 360 calendar days after execution of this Agreement by Buyer and the receipt and execution of same by the Company. It is agreed that such delivery is subject to delays caused by war, acts of god, hurricane, labor shortages or strikes, inability to obtain materials, and other causes reasonably beyond the control of the Company and that the Company will not be liable for, and this Agreement may not be terminated on account of, such delays. Buyer will be notified no less than fourteen (14) business days in advance of the delivery date. 5.) Final Inspection - Customer Factory Inspection: If requested at time of order, Buyer will have up to ten (10) business days from the notified completion date to conduct Buyer’s final factory inspection.. Otherwise, delivery will be deemed to occur on the notified inspection date. In the event that Buyer fails to make inspection of the Apparatus on the notified completion date (or within the ten (10) business day period thereafter, if applicable), Company reserves the right to arrange for shipment of the Apparatus to the dealer by the drive-away service of Company’s choice, and to charge the Customer the full invoice price for the Apparatus, which shall be paid for in the manner specified in paragraph 2. 6.) Buyer’s Cancellation for Convenience. If Buyer tenders any cancellation hereunder, Buyer shall nevertheless accept delivery of all products which are completed at the time of cancellation. Those products which constitute work- in-process inventory at the time of cancellation shall be paid for by Buyer at a price equal to the completed percentage of the product multiplied by the price specified in Paragraph 2. Buyer also shall pay promptly to Company the costs of settling and paying claims arising out of the termination of work under Company’s subcontracts or vendors, plus an additional 15% to defray Company’s accounting, legal, and clerical costs arising out of the cancellation. 7.) Title: The Company and Buyer agree that the Manufacturer’s Certificate of Origin shall remain with the Company until the Company has been paid in full. Provided that the Company has been paid in full, the Certificate of Origin shall remain with the Company until the Apparatus leaves Company premises in the physical custody of the Buyer. Certificate of Origin will be sent to customer within ten business days after pick up of vehicle. Upon pick up by Buyer, responsibility for title application, ownership and risk of loss shall pass from Company to Buyer. 8.) Warranty: The Company warrants each new Apparatus manufactured against defects in material and workmanship for a period of one year from the in-service date per the Warranty Registration Card. Warranties beyond one year may be applicable to certain components of the Apparatus as described in the Statements of Warranty previously provided to the Buyer. This warranty is in favor of the original user/purchaser, in accordance with the Company's preprinted Statements of Warranty which are either attached to the Agreement or have otherwise been delivered to Buyer. Buyer hereby acknowledges receipt of the Company's preprinted Statements of Warranty. With respect to any Apparatus not manufactured by the Company, such items shall not be warranted by the Company but shall be subject to the warranty provided by the manufacturer. These warranties are in lieu of all other warranties, whether express or implied, and THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3 9.) Notices: The parties to this Agreement designate City of Eagan as representative of the Buyer and Fire Safety USA, Inc. as representative of the Company for purposes of all communications regarding this Agreement. 10.) Waiver of Jury Trial: The parties to this Agreement agree that any dispute arising hereunder, if brought before a court having proper jurisdiction, shall be adjudicated in a bench trial and the parties expressly waive any right to have such matter(s) tried before a jury. 11.) Entire Agreement: This Agreement, including its attachments and exhibits, constitutes the entire understanding between the parties relating to the subject matter contained herein and supersedes all prior discussions and Agreements. No agent or representative of the Company has authority to make any representations, statements, warranties or Agreements not herein expressed and all modifications or amendments of this Agreement, including its attachments and exhibits, must be in writing signed by an authorized representative of each of the parties hereto. 12.) Acceptance by Company: This Agreement shall not constitute a valid and binding obligation of the Company until accepted in writing by an officer of the Company at its offices in Rochester, Minnesota. When requested by the Company, the Buyer shall furnish a satisfactory written opinion of the Buyer's attorney that the Buyer has the power to make the Agreement, that the individual signing is authorized to sign on behalf of the Buyer, and that this Agreement is a valid, legal and enforceable obligation of the Buyer. IN WITNESS WHEREOF, The Company and the Buyer have caused this Agreement to be executed by their duly authorized representatives as of the date set forth by each. BUYER: COMPANY: CITY OF EAGAN FIRE SAFETY USA, INC. By:___________________________________ Mike Maguire Its: Mayor By:______________________________________ Ryan Clarey, Fire Safety USA, Inc. By:___________________________________ Christina M. Scipioni Its: Clerk Title: Dealer Principal . Date:__________________________________ Date:_____________________________________ 1 FIRE APPARATUS PURCHASE CONTRACT AGREEMENT This Agreement (“Agreement”) is made this 8th day of November, 2017, by and between Fire Safety USA, Inc., 3253 19th Street NW, Rochester, MN, 55901, (hereinafter ''Company'') and the City of Eagan (hereinafter ''Buyer''). 1.) Purchase: The Company agrees to sell, and the Buyer agrees to purchase, the fire apparatus and equipment described in the Company's Proposal and the Specifications attached hereto and hereby incorporated by reference (the "Apparatus"), all in accordance with the terms and conditions of this Agreement. Changes to the Specifications attached hereto will only be executed by the Company if documented by a Change Order signed by both parties. In the event of any conflict between the Company's Proposal and the Buyer's Specifications, the Company's proposal shall prevail. The Buyer desires to purchase the Apparatus through the Houston-Galveston Area Council (“HGAC”), a government-to-government procurement service. The Company represents and warrants to the Buyer that the Company and E-One are HGAC contractors, and shall cooperate with the Buyer to complete this transaction through HGAC in compliance with HGAC requirements and applicable law. 2.) Purchase Price: One (1) New 2018 E-One Cyclone, HR100 Metro Quint Aerial Fire Apparatus [$925,000.00] Trade-In Value for (1) 75’ Pierce Aerial Fire Apparatus Trade-In Value for (1) Pierce Snozzle Fire Apparatus Trade-In Value for (1) General Safety Kenworth Pumper < -$765,000.00*> The Buyer agrees to pay purchase price of One Hundred Sixty Thousand Dollars. [$160,000.00] *Contingent upon City of Wabasha contracting for purchase of 75’ Pierce Aerial on or before 11/9/17. This offer is valid through November 9th, 2017. Unless otherwise specified, this Purchase Price is exclusive of all Federal, State or local taxes of any nature. Any such taxes are the sole responsibility of the Buyer unless specifically added to the Purchase Price, at which time they will be paid by the Company; provided, however, if the Buyer claims the Order is exempt from any tax, Buyer agrees to furnish the applicable exemption certificate to the Company and to hold the Company harmless from any damage which may result from the Company ultimately having any such tax assessed against it. PAYMENTS Buyer agrees that the terms of payment shall include cash upon delivery and acceptance of new apparatus. CUSTOMER SHALL MAKE ALL PAYMENTS, INCLUDING DEPOSITS AND PARTIAL PAYMENTS, TO THE COMPANY ONLY. ALL CHECKS SHALL BE MADE PAYABLE TO FIRE SAFETY USA, INC. NO OTHER PAYEE SHALL BE NAMED. √ 2 3.) Pre-Build: If included in the specifications, a pre-build conference will be conducted to ascertain and confirm customer requirements with respect to the Apparatus ordered by Buyer. Both parties agree that the pre-build conference will be conducted no later than thirty (30) business days from execution of this Agreement. 4.) Delivery: The Apparatus shall be delivered F.O.B. to the Fire Department approximately 360 calendar days after execution of this Agreement by Buyer and the receipt and execution of same by the Company. It is agreed that such delivery is subject to delays caused by war, acts of god, hurricane, labor shortages or strikes, inability to obtain materials, and other causes reasonably beyond the control of the Company and that the Company will not be liable for, and this Agreement may not be terminated on account of, such delays. Buyer will be notified no less than fourteen (14) business days in advance of the delivery date. 5.) Final Inspection - Customer Factory Inspection: If requested at time of order, Buyer will have up to ten (10) business days from the notified completion date to conduct Buyer’s final factory inspection.. Otherwise, delivery will be deemed to occur on the notified inspection date. In the event that Buyer fails to make inspection of the Apparatus on the notified completion date (or within the ten (10) business day period thereafter, if applicable), Company reserves the right to arrange for shipment of the Apparatus to the dealer by the drive-away service of Company’s choice, and to charge the Customer the full invoice price for the Apparatus, which shall be paid for in the manner specified in paragraph 2. 6.) Buyer’s Cancellation for Convenience. If Buyer tenders any cancellation hereunder, Buyer shall nevertheless accept delivery of all products which are completed at the time of cancellation. Those products which constitute work- in-process inventory at the time of cancellation shall be paid for by Buyer at a price equal to the completed percentage of the product multiplied by the price specified in Paragraph 2. Buyer also shall pay promptly to Company the costs of settling and paying claims arising out of the termination of work under Company’s subcontracts or vendors, plus an additional 15% to defray Company’s accounting, legal, and clerical costs arising out of the cancellation. 7.) Title: The Company and Buyer agree that the Manufacturer’s Certificate of Origin shall remain with the Company until the Company has been paid in full. Provided that the Company has been paid in full, the Certificate of Origin shall remain with the Company until the Apparatus leaves Company premises in the physical custody of the Buyer. Certificate of Origin will be sent to customer within ten business days after pick up of vehicle. Upon pick up by Buyer, responsibility for title application, ownership and risk of loss shall pass from Company to Buyer. 8.) Warranty: The Company warrants each new Apparatus manufactured against defects in material and workmanship for a period of one year from the in-service date per the Warranty Registration Card. Warranties beyond one year may be applicable to certain components of the Apparatus as described in the Statements of Warranty previously provided to the Buyer. This warranty is in favor of the original user/purchaser, in accordance with the Company's preprinted Statements of Warranty which are either attached to the Agreement or have otherwise been delivered to Buyer. Buyer hereby acknowledges receipt of the Company's preprinted Statements of Warranty. With respect to any Apparatus not manufactured by the Company, such items shall not be warranted by the Company but shall be subject to the warranty provided by the manufacturer. These warranties are in lieu of all other warranties, whether express or implied, and THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3 9.) Notices: The parties to this Agreement designate City of Eagan as representative of the Buyer and Fire Safety USA, Inc. as representative of the Company for purposes of all communications regarding this Agreement. 10.) Waiver of Jury Trial: The parties to this Agreement agree that any dispute arising hereunder, if brought before a court having proper jurisdiction, shall be adjudicated in a bench trial and the parties expressly waive any right to have such matter(s) tried before a jury. 11.) Entire Agreement: This Agreement, including its attachments and exhibits, constitutes the entire understanding between the parties relating to the subject matter contained herein and supersedes all prior discussions and Agreements. No agent or representative of the Company has authority to make any representations, statements, warranties or Agreements not herein expressed and all modifications or amendments of this Agreement, including its attachments and exhibits, must be in writing signed by an authorized representative of each of the parties hereto. 12.) Acceptance by Company: This Agreement shall not constitute a valid and binding obligation of the Company until accepted in writing by an officer of the Company at its offices in Rochester, Minnesota. When requested by the Company, the Buyer shall furnish a satisfactory written opinion of the Buyer's attorney that the Buyer has the power to make the Agreement, that the individual signing is authorized to sign on behalf of the Buyer, and that this Agreement is a valid, legal and enforceable obligation of the Buyer. IN WITNESS WHEREOF, The Company and the Buyer have caused this Agreement to be executed by their duly authorized representatives as of the date set forth by each. BUYER: COMPANY: CITY OF EAGAN FIRE SAFETY USA, INC. By:___________________________________ Mike Maguire Its: Mayor By:______________________________________ Ryan Clarey, Fire Safety USA, Inc. By:___________________________________ Christina M. Scipioni Its: Clerk Title: Dealer Principal . Date:__________________________________ Date:_____________________________________ Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA M. Project 1258, Galaxie Avenue Street Improvements Action To Be Considered: Receive the Draft Feasibility Report for Project 1258 (Galaxie Avenue, Berkshire Dr. to Apple Valley border - Street Improvements) and schedule a public hearing to be held on December 5, 2017. Facts: On June 6, 2017, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Galaxie Avenue from Berkshire Dr. to the Apple Valley border, in southwest Eagan located south of Cliff Road and east of I-35E. A structural mill and overlay of this street is programmed for 2018 in the City of Eagan’s 5-Year CIP (2018-2022). A draft Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, December 5, 2017. An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Attachments (1) CM-1 Draft Feasibility Report Aty, OM'A Memo To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: Oct. 30, 2017 Re: Galaxie Ave Street Revitalization City Project No.: 1258 Attached is the feasibility report for the Galaxie Ave, City Project No. 1258. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed y; Professional Engineer under the laws of the State of Minnesota. Aaron Nelson Date: Reviewed By: Department of Public Works Date: Reviewed By: Finance Department Date: Reg. No. 45795 \ \ I I EAG A-, i Memo To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: Oct. 30, 2017 Re: Galaxie Ave Street Revitalization City Project No.: 1258 Attached is the feasibility report for the Galaxie Ave, City Project No. 1258. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed y; Professional Engineer under the laws of the State of Minnesota. Aaron Nelson Date: Reviewed By: Department of Public Works Date: Reviewed By: Finance Department Date: Reg. No. 45795 TABLE OF CONTENTS ExecutiveSummary.............................................................................................1 Introduction/History..............................................................................................2 Scope.................................................................................................................... 3 AreaTo Be Included............................................................................................3 �� yr Street Pavement Evaluation..............................................................................3 Proposed Improvements ............................. ................ ' .........................4 Easements/Permits ............................... ...........................t. < ......................6 Feasibility/Recommendations............................................................................ 6 CostEstimate.......................................................................................................7 ,µ Assessments..................................................................... ............................... 7 Assessment Financing Options......................................................................... 8 RevenueSource...................................................................................................8 ProjectSchedule.............................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B.�,. Preliminary Assessment Rall Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map 3 Typical Section — Mill & Overlay Executive Summary Background Project Name Galaxie Ave I Project # 1258 Street Area 16,185 Sq. Yds. Street Length 3,576 feet Streets Included Galaxie Ave Constructed 1981, 1982 Overlayed 2000 Crack Sealed - Seal Coated 2006, 2013 Absolute Location W'2 of section 32 Township227, Range Relative Location South of Cliff Road East of 1-35E Project Details • Roadway resurfacing (full width mill' PCI Rating 45/100 & 2" overlay) Recommended • Replacement of damaged curb & Improvement Resurface gutter Scope • Adjustment/Replacement of: Curb Removal 18% o Sanitary/Storm sewer o Utility castings Residential Lots 8 o Water gate valves Community Parks 2 o Street signage Commercial 1 • Utility Improvements Cost Estimate/ Revenue Galaxie Ave 1 Property City Mill & Overlay w/ Signage $ 222,700 $ 65,559 $ 157,141 Repair Existing Concrete Curb & $ 85,000 I - $ 85,000 Gutter Utility Improvements $ 11,000 - $ 11,000 Total $ 318,700 $ 65,559 $ 253,141 Galaxie Ave 1 Oct. 30, 2017 Neighborhood Street Revitalization Galaxie Ave Eagan, Minnesota Introduction/ History Pavement Management - As a part of Eagan's Pavement Management Program (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. 3,576 feet of Galaxie Ave in South -Western Eagan has been identified for 2018 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The street was originally constructed in 1982. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (approximately 3 years after paving) and a bituminous overlay at approximately 20+ years. Overlaying the roads located within the project area, which are currently in the 18 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that the street was seal coated in 2006, and 2013. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) Galaxie Ave 2 in the project area and determined the underground systems are generally in good working order and that no major repairs are necessary. To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right-of-way and easements such as street lights, utility boxes, and above ground storm water ponds/access, and pedestrian features were evaluated. The rehabilitation of City -maintained items is included in this project, if needed. Scope This project will provide resurfacing (full width mill and overlay) for approximately 3,576 feet of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, replacement of street signage, and utility improvements. Area to Be Included Properties included in the project lie within the W Y of section 32, lying South of Cliff Road, East of I -35E, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PC[ Recommended Improvement 56-100 Routine Maintenance/Crack Seal/Seal Coat 36-55 Patch/Repair and/or Overlay 0-35 Reconstruct/ Reclaim The 2017 PCI rankings for the street segments have a weighted average pavement condition rating of 45, which falls in the "Patch/Repair and/or Overlay" category, as mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2018 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structura! benefit to the street sections and require more substantial rehabilitation. Galaxie Ave 3 Proposed Improvements Pavement - The proposed street improvements shown in Figure 3. The existing street section for this roadway consists of 4-3/4" bituminous pavement supported by 12" gravel base. The existing bituminous surface will be milled to accommodate a 2 inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 18% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with seed. While the contractor who performs the work is responsible for its establishment (45 days for seed), adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Utility Adjustment/Replacement — Sanitary/storm sewer manholes, catch basins, and gate valves will be adjusted, repaired, or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. There are a few manholes structures that require new castings and doghouse/invert repairs due to deterioration. These repairs will be financed through the Combined Utility Fund. Galaxie Ave 4 Signage - Traffic and street identification signage within the project limits have reached the end of their useful life expectancy and are in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Complete Streets — "Complete Streets" is a transportation and design approach that plans, designs, operates, and maintains streets in a means to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. Complete Streets allow for safe travel by those walking, bicycling, driving automobiles, riding public transportation, or delivering goods. In 2010, the State of Minnesota adopted a Complete Streets policy, which encourages, but does not require local governments to adopt this policy. The MN Department of Transportation has published a Complete Streets Guidelines for Local Agencies Resource Guide (Feb. 2013). The streets in this area were reviewed to determine if additional Complete Streets opportunities are available and/or feasible. Galaxie Ave. is 44 feet across, has limited access points, and a trail is currently in the east boulevard that connects pedestrians to the City and regional trail system. Pedestrian curb ramps in the project area at the intersecting sidewalks will be replaced if necessary to meet current ADA design standards. Given the existing and proposed elements available for all users, the streets in this neighborhood meet the intent of the complete streets guidelines. Galaxie Ave 5 Easement/Permits All work will be in the public right-of-way. No additional easements are anticipated. It is anticipated that no permits will be required for the resurfacing project. Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2018 — 2022) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2018 construction costs and include a 5% contingency and indirect cost of 25%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Galaxie Ave • Mill & Overlay............................................................... $ 222,700 • Repair Existing Concrete Curb & Gutter ....................... $ 85,000 • Utility Improvements..................................................... 11,000 Total.................................................................. $ 318,700 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. • Collector Roadway Total Front Feet (F.F.) = 7,152 F.F., 44' F -F • An early deterioration credit of 10% is proposed for all properties because the pavement condition has deteriorated 2 years prior to the anticipated 20 -year pavement life cycle (2/20=10%). The early deterioration adiustment factor is 100% - 10% = 90.0%. Galaxie Ave 6 This reduced assessment rate is in accordance with the February 16, 2010 update of the City's Special Assessment Policy for addressing premature infrastructure failure. • A pavement thickness adjustment factor is proposed for all residential properties to adjust the assessment to make it consistent with those on residential streets of similar age and condition. In this area, all collector roadways (Galaxie Avenue) (7,152 F.F.) is receiving a full width mill and 2" overlay. To adjust the Galaxie Ave. cost to be consistent with a typical residential street, a 1.5/2.0" = 75.0% multiplication factor is used. • A street width adjustment factor is proposed for all residential properties to adjust the assessment to make it consistent with those on residential streets of similar age and condition. In this area, the collector roadway (Galaxie Ave. - 7,152 F.F.) is 44' wide. To adjust the cost to be consistent with a typical residential street, a 32' / 44' = 72.7% is used. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay - Low -Density Residential (R-1,2,3) 50% 50% Mill & Overlay — Community Park 75% 25% Mill & Overlay — Commercial/ Industrial 100% - Repair Existing Concrete Curb & Gutter - 100% Utility Improvements - 100% Residential Lots — All residential lots (8 single family homes) as shown on Figure 2, having driveway access on to the street to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for local residential streets, based on a standard 32 -foot width. The estimated cost per residential unit, based on the City's Assessment Policy, is $980/ lot and is calculated as follows: Mill & Overlay - Residential Properties o 1,021' Residential Frontage / 7,152' Total Frontage = 14.3% o $222,700 (Mill & Overlay Costs) x 50% x 14.3% (assessable frontage) x 90.0% (early deterioration) x 75.0% (street width) x 72.7% (thickness) _ $7,813.84 (Total R-1 Assessment) o $7,813.84 / 8 lots = $976.73, rounded to $980 / single-family lot Community Parks —All Community Parks (2 total) as shown on Figure 2, that are adjacent to, or have direct access, to the street to be improved are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for collector roadways, regardless of width or pavement thickness. The estimated cost per front foot, based on the City's Assessment Policy, is $21.00 / F.F. and is calculated as follows: Galaxie Ave 7 Mill & Overlay – Community Parks o 2,634' Community Park Frontage/ 7,152' Total Frontage = 36.8% o $222,700 (Mill & Overlay Costs) x 75% x 36.8% (assessable frontage) x 90.0% (early deterioration) = $55,318.68 (total assessable costs) o $55,318.68 / 2,634 F.F. = $21.00 / Community Park F.F. Commercial/ Industrial Lots – All C/I lots (1 total) as shown on Figure 2, that are adjacent to, or have direct access, to the street to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for collector roadways, regardless of width or thickness. The estimated cost per front foot, based on the City's Assessment Policy, is $27.97 / F.F. and is calculated as follows: Mill & Overlay – Commercial/ Industrial o 86' Community Park Frontage / 7,152' Total Frontage = 1.2% o $222,700 (Mill & Overlay Costs) x 1.2% (assessable frontage) x 90.0% (early deterioration) = $2,405.16 (total assessable costs) o $2,405.16 / 86 F.F. = $27.97 / C/I F.F. 3,411' within the project area (47.7 %) is considered non- assessable under the City's Assessment Policy. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for residential owners and Commercial/ Industrial properties, and 10 years for Community Park properties. In 2017, the interest rate was set at 4.0%. The 2018 rate is not yet available, however, it is expected to be comparable and based on City policy will be determined by the City Council in the spring. The following payment schedules are examples of a $980 R-1, $61,465.20 Community Park, and $2,672.40 C/I assessments with an estimated 4% interest for the assessed amounts, and assumes 14 months interest for the first year: R-1 = $980 Principal 1 Year I Interest / Year Cost / Year 1St Year $196 �– $46 I $242 Stn Year r $196 �--$8 I $204 Community Park = $55,314 Principal 1 Year Interest / Year Cost / Year 1St Year 1— $5,531 F $2,581 F $8,113 5th Year F—$5,531 F_ $221 $5,753 Galaxie Ave 8 C/I = $2,672.40 Principal /Year Interest / Year Cost / Year 1St Year $481 Property City $112 Cost 1 $593 `5th_Year - J $481 $ 222,700 $ 65,559 $19---�`--- Signage) $500 Bonds may be issued to finance the improvements. Revenue Source A summary of revenue sources is listed hPlow- The Major Street Fund will finance the estimated street related project deficit of $242,141. The Combined Utility Fund will finance the estimated $11,000 utility improvements. Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing.......................................................................... Nov. 6, 2017 Informational Meeting....................................................................... Nov. 27, 2017 PublicHearing.................................................................................... Dec. 5, 2017 Approve Plans and Specifications...................................................... Feb. 6, 2018 BidDate........................................................................................... March 8, 2018 Award Contract.............................................................................. March 19, 2018 Start Construction............................................................................... May 1, 2018 Project Completion ............................................... ..................August, 2018 Final Cost Report.........................................................................September, 2018 Final Assessment Hearing...................................................................... Fall, 2018 First Payment Due with Property Tax Statement .............................. May 15, 2019 Galaxie Ave 9 Project Property City Cost Assessment Contribution Mill and Overlay (Including $ 222,700 $ 65,559 $ 157,141 Signage) Repair Existing Curb & Gutter $ 85,000 - $ 85,000 Utility Improvements $ 11,000 - $ 113000 Totals $ 318,700 $ 65,559 $ 253,141 The Major Street Fund will finance the estimated street related project deficit of $242,141. The Combined Utility Fund will finance the estimated $11,000 utility improvements. Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing.......................................................................... Nov. 6, 2017 Informational Meeting....................................................................... Nov. 27, 2017 PublicHearing.................................................................................... Dec. 5, 2017 Approve Plans and Specifications...................................................... Feb. 6, 2018 BidDate........................................................................................... March 8, 2018 Award Contract.............................................................................. March 19, 2018 Start Construction............................................................................... May 1, 2018 Project Completion ............................................... ..................August, 2018 Final Cost Report.........................................................................September, 2018 Final Assessment Hearing...................................................................... Fall, 2018 First Payment Due with Property Tax Statement .............................. May 15, 2019 Galaxie Ave 9 Galaxie Ave 10 Appendix A Preliminary Cost Estimate City Project 1258 Galaxie Ave Item No. Item Unit Unit Price I Est Qty Estimated Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $ 6,000.00 1 $ 6,000.00 2104.505 Remove Bituminous Pavement SY 6.00 50 300.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY 1.30 - Mill Bituminous Pavement - Full Width (1-1/4" $ 2232.501 Depth) SY 2.00 16185 $ 32,370.00 2357.502 Bituminous Material for Tack Coat GAL 2.50 1050 $ 2,625.00 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON 55.00 2000 $ 110,000.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON 130.00 20 $ 2,600.00 2504.602 Adjust Gate Valve Box EA 250.00 1 250.00 2504.602 Repair Gate Valve Mid Section EA 500.00 1 500.00 2504.602 Repair Gate Valve Top Section w/Cover EA 425.00 1 425.00 2506.503 Reconstruct 4' Dia. MH LF 550.00 - 2506.602 Adjust Frame and Ring Casting (Manhole) EA 700.00 i 1 $ 7,700.00 2506.602 Adjust Manhole Casting - Riser Adjustment EA 250.00 2506.602 Remove & Replace Frame & Ring Casting (27") EA $ 1,100.00 1 $ 1,100.00 2506.602 Remove & Replace Top Slab w/Cstg (1642B) EA $ 2,000.00 2563.601 Traffic Control LS $ 4,000.00 1 $ 4,000.00 SP -1 Signage Remove and Replace LS $ 1,835.00 1 $ 1,835.00 Subtotal $ 169,705.00 5% Contingency $ 8,485.25 Subtotal $ 178,190.25 25% Indirect Costs $ 44,547.56 Part I - Bituminous Street Overlay $ 222,737.81 Item No. i Item ` Unit T Unit Price Est Qty Estimated Cost Part II - Repair Existing Curb & Gutter 2101.601 Remove Trail Overgrowth LS $ 1,500.00 2104.501 Remove Concrete Curb and Gutter LF 10.50 1300 $ 13,650.00 2104.503 Remove Bituminous Trail Pavement SF 2.00 - 2104.503 Remove Concrete Sidewalk (4") SF 3.50 - 2104.505 Remove Concrete Driveway /Valley Gutter SY 13.00 56 728.00 $ $ 2104.523 Salvage Casting EA 150.00 - 2105.501 Common Excavation CY 30.00 10 300.00 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON 25.00 5 125.00 2360.501 SP WEA240B Wearing Course Mixture TON $ $ Galaxie Ave 10 Galaxie Ave 11 (Trail/Parking Lot Overlay) 80.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON 130.00 75 $ 9,750.00 2504.602 Irrigation Repair EA 150.00 5 750.00 2506.521 Install Casting EA 550.00 - 2506.602 Line 4' Diameter Structure LF 500.00 2506.602 Adjust Frame & Ring Casting (CB) HDPE Rings EA 500.00 9 $ 4,500.00 2506.602 Remove & Replace Casting (Catch Basin) EA 900.00 1 900.00 Remove & Replace Casting (Catch Basin $ $ 2506.602 EA 950.00 2506.602 Remove & Replace CB Structure (2'x 3') EA $ 4,000.00 2506.602 Remove & Replace CB Structure w/Cstg (2'x 3') EA $ 3,500.00 2506.602 Remove & Replace Top Slab 4' Dia (CBMH) EA $ 2,000.00 2506.602 Repair/ Grout CB or MH Invert/ Doghouses EA 500.00 6 $ 3,000.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA 150.00 2506.503 Reconstruct CB (2'x3') LF 500.00 6" Concrete Ped Ramp w/ Wet Cast for Truncated $ $ 2521.501 Dome Inset SF 10.00 2521.501 4" Concrete Sidewalk SF 5.50 2521.501 6" Concrete Bullnose SF 8.00 2531.501 Concrete Curb & Gutter B612 LF 21.00 2531.501 Concrete Curb and Gutter, B618 LF 23.00 1300 $ 29,900.00 2531.501 Concrete Curb and Gutter, B624 LF 26.00 - 2531.501 Concrete Curb and Gutter, D412 LF 21.00 2531.501 Concrete Curb and Gutter, Surmountable LF 23.00 2531.507 Concrete Valley Gutter - High Early SY 65.00 56 $ 3,640.00 2531.507 8" Concrete Driveway Pavement - High Early SY 75.00 Repair 7" Concrete Driveway Pavement - High $ $ 2531.507 Early SY 85.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA 70.00 Truncated Dome Detactable Warning Paver $ $ 2531.618 (Radius Plate) EA 75.00 - 2540.602 Repair Underground Electric Fence EA 60.00 5 300.00 2540.602 Repair Landscaping EA 200.00 - 2572.503 Application of Water for Turf Establishment GAL 0.10 13500 $ 1,350.00 2573.530 Storm Drain Inlet Protection EA 150.00 2575.550 Boulevard Topsoil Borrow - MnDOT 3877-2F $ CY 80.00 25 $ 2,000.00 $ 2575.609 Seeding (MnDOT 270 w/Type 5 Hydromulch) SY 7.50 300 $ 2,250.00 Subtotal $ 73,143.00 5% Contingency $ 3,657.15 Subtotal $ 76,800.15 Galaxie Ave 11 25% indirect Costs Part II - Repair Existing Curb & Gutter Part I - Bituminous Street Overlay Part II - Repair Existing Curb & Gutter Project 1258 Total Cost Galaxie Ave 12 $ 19,200.04 $ 96,000.19 $ 222,737.81 $ 96,000.19 $ 318,738.00 Appendix 8 Preliminary Assessment Roll City Project #1258 Galaxie Ave Galaxie Ave C/I P.I.N. F.F. Unit Assessment Total 4810 Galaxie Ave 100320050014 86 $ 27.97 $ 2,405 Subtotal 86 $ 2,405 TOTAL $ 65,559 Lot Equivalent Front Footage Total R-1 lots 8 Galaxie Ave Galaxie Ave - Community Parks P.I.N. R-1 Residential P.I.N. Lot Equivalent i Unit Assessment Lebanon Hills 100320051010 Total 4750 Galaxie Ave 105675003170 1 $ 980 $ 980 4772 Galaxie Ave 105675001060 1 $ 980 $ 980 4773 Galaxie Ave 101375003170 1 $ 980 $ 980 4778 Galaxie Ave 105675001070 1 $ 980 $ 980 4779 Galaxie Ave 101375003180 1 $ 980 $ 980 4785 Galaxie Ave 101375003190 1 $ 980 $ 980 4786 Galaxie Ave 105675001080 1 $ 980 $ 980 4830 Safari Pass 106585002010 1 $ 980 $ 980 Subtotal 8 $ 7,840 Galaxie Ave C/I P.I.N. F.F. Unit Assessment Total 4810 Galaxie Ave 100320050014 86 $ 27.97 $ 2,405 Subtotal 86 $ 2,405 TOTAL $ 65,559 Lot Equivalent Front Footage Total R-1 lots 8 Galaxie Ave Community - Community Parks P.I.N. F.F. Unit Assessment C/I Total Lebanon Hills 100320051010 1275 $ 21.00 $ 26,775 Lebanon Hiils 100320052010 1359 $ 21.00 $ 28,539 Subtotal 2634 $ 55,314 Galaxie Ave C/I P.I.N. F.F. Unit Assessment Total 4810 Galaxie Ave 100320050014 86 $ 27.97 $ 2,405 Subtotal 86 $ 2,405 TOTAL $ 65,559 Lot Equivalent Front Footage Total R-1 lots 8 1021 Community - 2634 Parks C/I 86 AssessableFrontage 3741 52.3% Non -Assessable Frontage 3411 47.7% Total Frontage 7152 Galaxie Ave 13 °F Eq 2018 Street Revitalization Project 1258 - Galaxie Avenue \9er s H 6 Date: 10/30/2017 FIG. 1 //,pFE,q v 2018 Street Revitalization - Project 1258 O 1 Galaxie Avenue qe � �ISHBO MOM Ann its Now a 1111® ■■ '�,,, �► mom Dakota County Lebanon Hills Regional Park APPLE VALLEY Legend 2018 Street Improvement Assessable Area Commercial Industrial Community Park L:1Users\Enginee r<Projects12018 Street Improvements1125812018 Street Revitalization Basemap 1258 fig2.mxd N Date: 11/1/2017 Fig 2. EAGAN 60 ' ROW 30' F -F TYPICAL L3 1/2" EXIST. BITUMINOUS EXIST. D412 CURB EXIST 6" CL 5 AGG. BASE & GUTTER EXIST. TYPICAL SECTION GALAXIE AVE 60' ROW 30' F -F TYPICAL FULL WIDTH MILL 2" TYPE 2360 WEAR COURSE BITUMINOUS OVERLAY L 2357 BITUMINOUS TACK COAT 3 1/2" EXIST. BITUMINOUS EXIST 6" CL 5 AGG. BASE PROPOSED TYPICAL SECTION GALAXI E AVE R&R EX. D412 CURB & GUTTER, AS DIRECTED BY THE ENGINEER Galaxie Ave Street Revitalization - Project 1258 Typical Sections Fig. 3 Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA N. Project 1259, Heine 1st Addition Street Improvements Action To Be Considered: Receive the Draft Feasibility Report for Project 1259 (Heine 1st Addition - Street Improvements) and schedule a public hearing to be held on December 5, 2017. Facts: On June 6, 2017, the City Council directed staff to prepare a feasibility report considering the rehabilitation of Heine Strasse, a residential cul-de-sac located in the Heine 1st Addition, in south central Eagan located south of Diffley Road and west of Pilot Knob Road. A structural mill and overlay of this street is programmed for 2018 in the City of Eagan’s 5-Year CIP (2018-2022). A draft Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, December 5, 2017. An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Attachments (1) CN-1 Draft Feasibility Report Report for Heine 1 st Addition Street Revitalization .. .k.7AN Report for Heine 1 st Addition Street Revitalization Memo To: Honorable Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: Oct. 27, 2017 Re: Heine 1St Addition Street Revitalization City Project No.: 1259 Attached is the feasibility report for the Heine 1 It Addition, City Project No. 1259. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Aaron Nelson Date: Reviewed By: Department of Public Works Date: Reviewed By: Reg. No. 45795 Finance Department Date: TABLE OF CONTENTS ExecutiveSummary ...............................................................................................1 Introduction/History ..................................................................................................2 Scope.....................................................................................................................3 Area To Be Included ...... .........................................3 Street Pavement Evaluation......................................................... Proposed Improvements......................................................................:..................4 Easements/Permits........................................................::....................................6 Feasibility/Recommendations................................................................................6 CostEstimate ................................... ............ ................................................7 Assessments.........................................................................................................7 Assessment Financing Options...........................................................................8 Revenue Source..........................................................................................9 ProjectSchedule....................................................................................................9 LIST OF APPENDICES 4 Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Mill & Overlay Executive Summary Background Project Name Heine 1St Addition Project # 1259 Street Area 3,247 Sq. Yds. Street Length 762 Feet Streets Included Heine Strasse Constructed 1977 Reconstructed 1997 Crack Sealed - Seal Coated 2001 Absolute Location NE'/ of Section 28 Township227, Range Relative Location South of Diffley Road West of Pilot Knob Road Project Details • Roadway resurfacing (edge mill & PCI Rating 52/100 1-1/2" overlay) • Replacement of damaged curb & Recommended Overlay gutter Improvement • Adjustment/Replacement of: Curb Removal 29% Scope o Sanitary/Storm sewer o Utility castings o Watergate valves Residential Lots 14 o Street signage • Utility Improvements i Cost Estimate/ Revenue Property I City Mill & Overlay w/ Signage $ 44,900 $ 18,550 $ 26,350 Repair Existing Concrete Curb & $ 34,900 - $ 34,900 Gutter Utility Improvements $ 7,500 - $ 7,500 Total $ 87,300 $ 18,550 $ 68,750 Heine V Addition October 27, 2017 Neighborhood Street Revitalization Heine 1St Addition Eagan, Minnesota Introduction/ History Pavement Management - As a part of Eagan's Pavement Management Program (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 762 feet of residential streets in the Heine 1St Addition neighborhood in South - Central Eagan has been identified for 2018 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. The streets were originally constructed in 1977. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (approximately 3 years after paving) and a bituminous overlay at approximately 20+ years. Overlaying the road located within the project area, which is currently in the 21 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement in the area. The City of Eagan's maintenance records indicate that the street was seal coated in 2001. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street section if not combined with the bituminous overlay proposed with this project. Infrastructure Review - The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer pipes and other structures) in the project area and determined minor utility improvements are necessary. Heine lst Addition 2 To provide a comprehensive review of the project area, the condition and coverage of other infrastructure items maintained by the City and other public agencies within the public right-of-way and easements such as street lights, utility boxes, and above ground storm water ponds/access, and pedestrian features were evaluated. The rehabilitation of City -maintained items is included in this project, if needed. Scope This project will provide resurfacing (edge mill and overlay) for approximately 762 feet of roadway. Figure 2 in Appendix C, illustrates the project limits. Included in this project are the following improvements; replacement of damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, replacement of street signage, and utility improvements. Area to Be Included Properties included in the project lie within the NE Y of Section 28, lying South of Diffley Road, West of Pilot Knob Road, in Township 27, Range 23, in the City of Eagan, Dakota County, Minnesota. Street Pavement Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56-100 Routine Maintenance/Crack Seal/Seal Coat 36-55 Patch/Repair and/or Overlay 0 - 35 Reconstruct/ Reclaim The 2017 PCI rankings for the street segments have a weighted average pavement condition rating of 52, which falls in the "Patch/Repair and/or Overlay" category, as mentioned above. The street pavement has reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2018 construction season is the optimal time to construct the bituminous overlay on this street. Any delay of the project may reduce the structural benefit to the street sections and require more substantial rehabilitation. Heine Pt Addition 3 Proposed Improvements Pavement - The proposed street improvements shown in Figure 3. In 1997, the pavement on Heine Strasse was reclaimed into the gravel base, and 3" of new bituminous was paved over the 6" to 10" of gravel base. With the b proposed improvement, the existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1 Y2 -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for residential streets. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete Curb & Gutter - Damaged curb & gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 29% of the existing concrete curb and gutter will have to be replaced. Boulevard turf will be removed and replaced with seed. While the contractor who performs the work is responsible for its establishment (45 days for seed), adjacent property owners are encouraged to consistently water the new turf, where possible, to help ensure its growth. Utility Adjustment/Replacement — Sanitary/storm sewer manholes, catch basins, and gate valves will be adjusted, repaired, or replaced based on the condition of castings and supporting structures. Such repairs to the storm sewer, sanitary sewer, and water main infrastructures ensure quick and easy access by the City for maintenance and other purposes. There are a few structures that require a new casting, adjustments, a top slab, and doghouse/invert repairs due to deterioration. These repairs will be financed through the Combined Utility Fund. Heine 1St Addition 4 Signage - Traffic and street identification signage within the project limits have reached the end of their useful life expectancy and are in need of replacement. Signs have been reviewed for compliance with the Minnesota Manual on - Uniform Traffic Control Devices (MnMUTCD). Those that are required by the MnMUTCD will be replaced to improve safety and night time visibility, and those that are not will be _ permanently removed. Street Lights — The street lights in the project area (maintained by Dakota Electric Association) are in good condition and provide adequate coverage. No modifications to the existing street lights are proposed. Complete Streets — "Complete Streets" is a transportation and design approach that plans, designs, operates, and maintains streets in a means to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. Complete Streets allow for safe travel by those walking, bicycling, driving automobiles, riding public transportation, or delivering goods. In 2010, the State of Minnesota adopted a Complete Streets policy, which encourages, but does not require local governments to adopt this policy. The MN Department of Transportation has published a Complete Streets Guidelines for Local Agencies Resource Guide (Feb. 2013). The street in this neighborhood was reviewed to determine if additional Complete Streets opportunities are available and/or feasible. The street is relatively narrow at 32 feet wide, has limited access points, and a trail is available on the north and south sides of Diffley Road to connect pedestrians to the City and regional trail system. Pedestrian curb ramps in the project area at the intersecting sidewalks will be replaced if necessary to meet current ADA design standards. Given the existing and proposed elements available for all users, the street in this neighborhood meets the intent of the complete streets guidelines. Heine lst Addition 5 Easement/Permits All work will be in the public right-of-way. No additional easements are anticipated. The only anticipated permit is from Dakota County for work within the Diffley Road right-of- way. Feasibility and Recommendations The mill and overlay project is necessary to maintain and enhance the structural integrity of the pavement section, create a safer driving surface, and increase rideability. It is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. The mill and overlay is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2018 — 2022) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2018 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Heine 1st • Mill & Overlay............................................................... $44,900 • Repair Existing Concrete Curb & Gutter ....................... $34,900 • Utility Improvements..................................................... 7,500 Total.................................................................. $87,300 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for residential streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill & Overlay - Low -Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb & Gutter - 100% Heine 1St Addition 6 Utility Improvements - 100% Residential Lots —All residential lots (14 single family homes) as shown on Figure 2, having driveway access on to the street to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for local residential streets, based on a standard 32 -foot width. The estimated cost per residential unit, based on the City's Assessment Policy, is $1,325/ lot and is calculated as follows: Mill & Overlay - Residential Properties o 1,259' Residential Frontage / 1,524' Total Frontage = 82.6% o $44,900 (Mill & Overlay Costs) x 50% x 82.6% (assessable frontage) _ $18,543.70 (Total R-1 Assessment) o $18,543.70 / 14 lots = $1,324.55, rounded to $1,325 / single-family lot Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment and interest will be spread over five years for residential owners. In 2017, the interest rate was set at 4%. The 2018 rate is not yet available, however, it is expected to be comparable and based on City policy will be determined by the City Council in the spring. The following payment schedule is an example of a residential lot assessment of $1,325 with an estimated 4% interest for the assessed amounts, and assumes 14 months interest for the first year: r i 1St Year 5th Year Principal / Year j $265 $265 I Interest / Year 62 .. ___ . . $11 Bonds may be issued to finance the improvements. Revenue Source A summary of revenue sources is listed below: Cost / Year $327 $276 The Major Street Fund will finance the estimated street related project deficit of $61,250. Heine 1St Addition 7 Project Cost Property Assessment City Contribution Mill and Overlay (Including Signage) $ 44,900 $ 18,550 $ 26,350 -Repair Existing Curb & Gutter $ 34,900 - $ 34,900 -Utility Improvements $ 7,500 - $ 7,500 Totals $ 87,300 1 $ 18,550 $ 68,750 The Major Street Fund will finance the estimated street related project deficit of $61,250. Heine 1St Addition 7 The Combined Utility Fund will finance the estimated $7,500 utility improvements. Project Schedule Present Feasibility Report to City Council/ Order Public Hearing.......................................................................... Nov. 6, 2017 Informational Meeting....................................................................... Nov. 27, 2017 PublicHearing.................................................................................... Dec. 5, 2017 Approve Plans and Specifications...................................................... Feb. 6, 2018 BidDate........................................................................................... March 8, 2018 AwardContract.............................................................................. March 19, 2018 StartConstruction............................................................................... May 1, 2018 Project Completion............................................................................ August, 2018 Final Cost Report .........................................................................September, 2018 Final Assessment Hearing...................................................................... Fall, 2018 First Payment Due with Property Tax Statement .............................. May 15, 2019 Heine 1st Addition 8 Appendix A Preliminary Cost Estimate City Project 1259 Heine 1st Addition Item No.I Item I Unit I Unit Price I Qty I Estimated Cost Part I - Bituminous Street Overlay 2021.501 Mobilization LS $ 6,000.00 1 $ 6,000.00 - 2104.523 Salvage Casting EA $ 150.00 2104.505 Remove Bituminous Pavement SY $ 6.00 15 90.00 30.00 2232.501 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY $ 1.30 1260 $ 1,638.00 5 $ 125.00 SP WEA240B Wearing Course Mixture (Trail/Parking 2232.501 Mill Bituminous Pavement - Full Width (1-1/4" Depth) SY $ 2.00 TON - 80.00 2357.502 Bituminous Material for Tack Coat GAL $ 2.50 215 $ 537.50 2360.501 SP WEA340B Wearing Course Mixture (Overlay) TON $ 55.00 305 $ 16,775.00 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 130.00 5 $ 650.00 2504.602 Adjust Gate Valve Box EA $ 250.00 1 $ 250.00 2506.602 Line 4' Diameter Structure LF $ 500.00 2504.602 Repair Gate Valve Mid Section EA $ 500.00 EA $ 500.00 3 $ 1,500.00 2504.602 Repair Gate Valve Top Section w/Cover EA $ 425.00 EA $ 900.00 2506.503 Reconstruct 4' Dia. MH LF $ 550.00 EA $ 950.00 2506.602 Adjust Frame and Ring Casting (Manhole) EA $ 700.00 4 $ 2,800.00 2506.602 Remove & Replace CB Structure (2'x 3') EA $ 4,000.00 2506.602 Adjust Manhole Casting - Riser Adjustment EA $ 250.00 EA $ 3,500.00 $ 2506.602 Remove & Replace Frame & Ring Casting (27") EA $ 1,100.00 $ 2506.602 Remove & Replace Top Slab w/Cstg (1642B) EA $ 2,000.00 2563.601 Traffic Control LS $ 4,000.00 1 $ 4,000.00 SP -1 Signage Remove and Replace LS $ 130.00 1 $ 130.00 Subtotal $ 32,870.50 5% Contingency $ 1,643.53 Subtotal $ 34,514.03 30% Indirect Costs $ 10,354.21 Part I - Bituminous Street Overlay $ 44,868.23 Item No.I Item Unit I Unit Price Es ! Estimated Cost I Part II - Repair Existing Curb & Gutter $ 2101.601 Remove Trail Overgrowth LS $ 1,500.00 2104.501 Remove Concrete Curb and Gutter LF $ 10.50 520 $ 5,460.00 2104.503 Remove Bituminous Trail Pavement SF $ 2.00 - $ 2104.503 Remove Concrete Sidewalk (4") SF $ 3.50 2104.505 Remove Concrete Driveway /Valley Gutter SY $ 13.00 - 2104.523 Salvage Casting EA $ 150.00 1 $ 150.00 2105.501 Common Excavation CY $ 30.00 5 $ 150.00 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON $ 25.00 5 $ 125.00 SP WEA240B Wearing Course Mixture (Trail/Parking $ 2360.501 Lot Overlay) TON $ 80.00 - 2360.501 SP WEA340B Wearing Course Mixture (Patch) TON $ 130.00 40 $ 5,200.00 2504.602 Irrigation Repair EA $ 150.00 5 $ 750.00 2506.521 Install Casting EA $ 550.00 1 $ 550.00 2506.602 Line 4' Diameter Structure LF $ 500.00 - 2506.602 Adjust Frame & Ring Casting (CB) HDPE Rings EA $ 500.00 3 $ 1,500.00 2506.602 Remove & Replace Casting (Catch Basin) EA $ 900.00 2506.602 Remove & Replace Casting (Catch Basin R -3290-V EA $ 950.00 2506.602 Remove & Replace CB Structure (2'x 3') EA $ 4,000.00 2506.602 Remove & Replace CB Structure w/Cstg (2'x 3') EA $ 3,500.00 $ Heine 1s1 Addition 9 2506.602 Remove & Replace Top Slab 4' Dia (CBMH) EA $ 2,000.00 1 $ 2,000.00 2506.602 Repair/ Grout CB or MH Invert/ Doghouses EA $ 500.00 3 $ 1,500.00 2506.602 Install 2 x 3 CB Erosion Barrier Shroud EA $ 150.00 - 2506.503 Reconstruct CB (2'x3') LF $ 500.00 - 6" Concrete Ped Ramp w/ Wet Cast for Truncated $ 2521.501 Dome Inset SF $ 10.00 2521.501 4" Concrete Sidewalk SF $ 5.50 2521.501 6" Concrete Bullnose SF $ 8.00 - 2531.501 Concrete Curb & Gutter B612 LF $ 21.00 - 2531.501 Concrete Curb and Gutter, 8618 LF $ 23.00 30 $ 690.00 2531.501 Concrete Curb and Gutter, 8624 LF $ 26.00 2531.501 Concrete Curb and Gutter, D412 LF $ 21.00 490 $ 10,290.00 2531.501 Concrete Curb and Gutter, Surmountable LF $ 23.00 2531.507 Concrete Valley Gutter - High Early SY $ 65.00 2531.507 8" Concrete Driveway Pavement - High Early SY $ 75.00 2531.507 Repair 7" Concrete Driveway Pavement - High Early SY $ 85.00 2531.618 Truncated Dome Detectable Warning Paver (2x2) EA $ 70.00 Truncated Dome Detactable Warning Paver (Radius $ 2531.618 Plate) EA $ 75.00 - 2540.602 Repair Underground Electric Fence EA $ 60.00 5 $ 300.00 2540.602 Repair Landscaping EA $ 200.00 1 $ 200.00 2572.503 Application of Water for Turf Establishment GAL $ 0.10 5400 $ 540.00 2573.530 Storm Drain Inlet Protection EA $ 150.00 2575.550 Boulevard Topsoil Borrow — MnDOT 3877-2F CY $ 80.00 10 $ 800.00 2575.609 Seeding (MnDOT 270 w/Type 5 Hydromulch) SY $ 7.50 120 $ 900.00 Subtotal $ 31,105.00 5% Contingency $ 1,555.25 Subtotal $ 32,660.25 30% Indirect Costs $ 9,798.08 Part II - Repair Existing Curb & Gutter $ 42,458.33 Part I - Bituminous Street Overlay $ 44,868.23 Part II - Repair Existing Curb & Gutter $ 42,458.33 Project 1259 Total Cost $ 87,326.56 Heine 1St Addition 10 Appendix B Preliminary Assessment Roll City Project #1259 Heine 1st Addition Residential Frontage Non -Assessable Frontage Total Frontage Heine V Addition 11 1259 82.6% 265 17.4% 1524 Heine Strasse R-1 Residential P.I.N. Lot Equivalent Unit Assessment Total 4210 Heine Strasse 103230000160 1 $ 1,325 $ 1,325 4220 Heine Strasse 103230000150 1 $ 1,325 $ 1,325 4230 Heine Strasse 103230000140 1 $ 1,325 $ 1,325 4235 Heine Strasse 103230000030 1 $ 1,325 $ 1,325 4240 Heine Strasse 103230000130 1 $ 1,325 $ 1,325 4245 Heine Strasse 103230000040 1 $ 1,325 $ 1,325 4250 Heine Strasse 103230000120 1 $ 1,325 $ 1,325 4255 Heine Strasse 103230000050 1 ' $ 1,325 $ 1,325 4260 Heine Strasse 103230000110 1 $ 1,325 $ 1,325 4265 Heine Strasse 103230000060 1 $ 1,325 $ 1,325 4270 Heine Strasse 103230000100 1 i $ 1,325 $ 1,325 4271 Heine Strasse 103230000070 1 $ 1,325 $ 1,325 4272 Heine Strasse 103230000090 1 $ 11325 $ 1,325 4275 Heine Strasse 103230000080 1 $ 1,325 $ 1,325 Subtotal 14 $ 18,550 Residential Frontage Non -Assessable Frontage Total Frontage Heine V Addition 11 1259 82.6% 265 17.4% 1524 w jp F Ole , 2018 Street Revitalization - Project 1259 7 Heine 1st Addition \°a 4 , /SHED LAUsers\Engineer\Projects\2018 Street Improvements\1259\2018 Street Revitalization Basemap 1259 fig2.mxd Date: 11/112017 Fig 2. 60 ' ROW 52'-54" B. B 6.5" BITUMINOUS SURFACE EXIST. B618 10" CL. 4 AGGREGATE BASE CURB & GUTTER EXISTING TYPICAL SECTION Heine 1st 52'-54' B. B. FULL WIDTH MILL 2" TYPE 2360 BITUMINOUS OVERLAY 2357 BITUMINOUS TACK COAT 6.5" BITUMINOUS SURFACE 10" CL. 4 AGGREGATE. BASE REMOVE & REPLACE EX. B618 CURB & GUTTER, AS DIRECTED BY THE ENGINEER PROPOSED TYPICAL SECTION Heine 1st Heine 1 st Addition E AG A N Street Revitalization - Project 1 Typical Sections Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA O. Project 1260, Evergreen Park Addition Street Improvements Action To Be Considered: Receive the Draft Feasibility Report for Project 1260 (Evergreen Park Addition - Street Improvements) and schedule a public hearing to be held on December 5, 2017. Facts: On June 6, 2017, the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets located in the Evergreen Park neighborhood, located in south central Eagan; north of Cliff Road, south of Diffley Road and west of Pilot Knob Road. A structural mill and overlay of this street is programmed for 2018 in the City of Eagan’s 5-Year CIP (2018-2022). A draft Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, December 5, 2017. An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Attachments (1) CO-1 Draft Feasibility Report Bituminous Street Overlay Proposed Typical Section BITUMINOUS OVERLAY 32' TYPICAL F - F EX. D412 Existing Typical Section BITUMINOUS TACK COATREPLACE EX. CURB & GUTTER AS DIRECTED CURB & GUTTER Fig. 3 60' ROW Evergreen Park Addition Street Revitalization - Project 1260 Typical Sections EXIST. GRANULAR SUBGRADE 3"-3.5" EXIST. BITUMINOUS 2" EXIST. GRANULAR SUBGRADE 1"-1.5" EXIST. BITUMINOUS 60' ROW FULL WIDTH MILL 32' TYPICAL F - F Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA P. Project 1261, Wilderness Run 4th, 5th and 6th Additions Street Improvements Action To Be Considered: Receive the Draft Feasibility Report for Project 1261 (Wilderness Run 4th, 5th and 6th Additions - Street Improvements) and schedule a public hearing to be held on December 5, 2017. Facts: On June 6, 2017, the City Council directed staff to prepare a feasibility report considering the rehabilitation of streets located in the Wilderness Run 4th, 5th and 6th Additions, located in south central Eagan, south of Diffley Road, east of Pilot Knob Road. A structural mill and overlay of this street is programmed for 2018 in the City of Eagan’s 5-Year CIP (2018-2022). A draft Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, December 5, 2017. An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. Attachments (1) CP-1 Draft Feasibility Report Bituminous Street Overlay Proposed Typical Section BITUMINOUS OVERLAY 32' TYPICAL F - F EX. D412 Existing Typical Section BITUMINOUS TACK COATREPLACE EX. CURB & GUTTER AS DIRECTED CURB & GUTTER Fig. 3 60' ROW Wilderness Run 4th, 5th & 6th Addition Street Revitalization - Project 1261 Typical Sections EXIST. GRANULAR SUBGRADE 4.5"-5.5" EXIST. BITUMINOUS 2" EXIST. GRANULAR SUBGRADE 2.5"-3.5" EXIST. BITUMINOUS 60' ROW FULL WIDTH MILL 32' TYPICAL F - F Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA Q. Project 13-B, Paragon Addition Final Acceptance Action To Be Considered: Acknowledge the completion of Project 13-B (Paragon Addition – Grading, Street and Utilities Improvements) and authorize perpetual City maintenance subject to warranty provisions. Facts: The Paragon Addition is a large commercial property upon which resides Twin Cities Premium Outlets that is located in northwest Eagan, south of Highway 13 and east of Cedar Avenue (Hwy 77). The development consisted of site clearing, earth moving, erosion prevention and sediment control. It also includes sanitary sewer and water main service work, storm sewer piping and appurtenances, concrete curb and gutter, bituminous and concrete paving of Eagan Outlets Parkway. This construction activity was all performed privately by the developer under the terms and conditions of the development contract agreement. The project has been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA R. Project 13-M, Eagan Pointe Senior Living Final Acceptance Action To Be Considered: Acknowledge the completion of Project 13-M (Senior Pointe Senior Living – Utilities Improvements) and authorize perpetual City maintenance subject to warranty provisions. Facts: Eagan Pointe Senior Living is a 151-unit senior living facility, located at the southeast corner of Blackhawk Road and Diffley Road. The development consisted of site grading and the installation of public sanitary sewer and water main improvements. This construction activity was all performed privately by the developer under the terms and conditions of the development contract agreement. The project has been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA S. Telecommunications Lease Amendment Agreement T-Mobile Action To Be Considered: Approve an amendment to the telecommunication lease agreement with T-Mobile, for upgrades on the Sperry Tower site and authorize the Mayor and City Clerk to execute all related documents. Facts: The City has received an application from T-Mobile for upgrades to the wireless communication system antennas on the Sperry Tower site located at 1420 Towerview Road in Eagan. The amendment has been reviewed by the City’s Engineering Consultant, Radio Communication Consultant, City Attorney’s Office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. Attachment (1) CS-1 Amendment to Lease Agreement Market: Minnesota Tenant's Cell Site Name: AIQ0039A Sperry Tower Landlord's Cell Site Name: Sperry Communication Tower FOURTH AMENDMENT TO LEASE AGREEMENT THIS FOURTH AMENDMENT TO LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below ("Effective Date"), is by and between the City of Eagan, a Minnesota municipal corporation, ("Landlord") and T -Mobile Central LLC, a Delaware limited liability company ("Tenant"). Recitals A. Landlord and Tenant entered into a Lease Agreement dated October 15, 1996 ,as amended by that certain First Amendment to Lease Agreement ("First Amendment") dated October 16, 2012, and as amended by that certain Second Amendment to Lease Agreement ("Second Amendment") dated August 3, 2015, and as amended by that certain Third Amendment to Lease Agreement ("Third Amendment") dated October 20, 2015 (collectively, the "Lease") whereby Landlord leased to Tenant those certain premises described on Exhibit B ("Premises") commonly referred to as Sperry Water Tower, therein described, that are a portion of the Property located at 1420C Towerview Road, City of Eagan, County of Dakota, State of Minnesota. B. Landlord has removed the Sperry Water Tower structure and installed a new communication tower ("Sperry Communication Tower") to be used for Tenant's antennas and the antennas of other telecommunications providers. C. Landlord and Tenant desire to amend certain provisions of the Lease as expressly set forth in this Amendment. Agreement IN CONSIDERATION of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. LEASE OF PREMISES. The Lease is amended to allow Tenant to remove, replace and install such additional equipment as specifically set forth on Exhibit B-1 attached hereto and incorporated herein ("Additional Equipment") on the Sperry Communications Tower. The Additional Equipment set forth on Exhibit B-1 shall be constructed and installed in accordance with the plans and specifications as set forth on Exhibit B-1 and in accordance with the rules and regulations of Landlord and state and local laws and building codes. Except as set forth on Exhibit B-1, Tenant shall not be allowed to make any other additions or replacements of the Additional Equipment or any other equipment or Antenna Facilities without Landlord's prior written consent. . Nothing contained in this Amendment shall be deemed a waiver of any provision(s) in the Lease that requires Tenant to obtain Landlord's consent for any improvements or changes to Tenant's equipment in the future. If Tenant occupies any other portion of ground space located at the Property or any other space on the Sperry Communication Tower, other than as expressly shown on Exhibit B-1 Tenant shall be in material default under the terms of the Lease and this Amendment and shall reimburse Landlord for all attorneys' fees, court costs, unpaid rent for any portion of the Property so occupied and all other costs and expenses incurred by Landlord as a result of Tenant's unauthorized occupancy. 2. LEASED PREMISES. The Lease, including any and all prior amendments thereto, is hereby amended to replace all references to Reservoir with Sperry Communication Tower as defined in this Amendment. Any references in the Lease and any prior amendments referencing Reservoir, water tower or other similar language shall not be construed as referring to the Sperry Communication Tower. Tenant's Site Plan shall be deemed amended as shown on Exhibit B-1 and Tenant's antennas shall be located on the Sperry Communication Tower in the location specified in Exhibit B-1. All references to maintenance and other repairs to the Reservoir or water tower shall now be deemed to be a reference to the Sperry Communication Tower. In the event that any of the panels located in front of Tenant's antennas become damaged or need repair, Tenant shall reimburse Landlord for the costs of repairing or replacing any such panels. Tenant's Cell Site Name: AIQ0039A Sperry Tower Landlord's Cell Site Name: Sperry Communication Tower Amendment To Lease Agreement 3. CONSTRUCTION STANDARDS. All work to be performed by Tenant and its contractors, agents, and employees shall be done in a good and workmanlike manner and of a first class quality and in accordance with the plans and specifications set forth on Exhibit B-1. Tenant shall not be permitted in any material way to vary its construction from the plans and specifications set forth on Exhibit B-1 without Landlord's prior written consent. Tenant shall timely pay for all work to be performed upon the Property and shall not allow a lien to attach to the Property. Tenant shall defend, indemnify and hold harmless Landlord from any and all costs, charges, liens, suits, actions, and expenses including but not limited to attorneys' fees and court costs, (collectively, "Costs"), arising out of or related to: (1) Tenant's negligence or misconduct in the installation, use, operation, maintenance and presence of the Additional Equipment, Tenant's Antenna Facilities or any other equipment of Tenant or its agents, contractors or assigns, except to the extent such Costs are caused by the negligence or willful misconduct of Landlord; and (2) Tenant's, or tenant's agent's, contractor's or employee's entry or presence upon the Premises; (3) any default by Tenant under the Lease and any amendments thereto. Tenant shall not be required to indemnify Landlord from Landlord's negligence or willful misconduct. The terms and conditions of this paragraph shall survive the expiration or earlier termination of the Lease. 4. NEW CABLE VAULT/CONDUIT. Landlord has constructed and installed a pvc pipe conduit bank and a conduit vault on the Property ("Conduit"). Tenant shall use Landlord's the Conduit for tenant's underground cables to be installed from Tenant's ground facilities to the Sperry Communication Tower. Landlord's cost for Conduit shall be divided equally among all of the tenants of the Sperry Communication Tower and Tenant shall pay for its portion of the costs of the Conduit within sixty (60) days after the execution of this Amendment. Failure by Tenant to reimburse Landlord for the cost of the Conduit as set forth herein shall be deemed a material default under the Lease and the unpaid sum shall bear interest and late fees in the amounts set forth in the Lease and any amendments thereto. Tenant shall also be responsible for any and all costs incurred by Landlord in connection with the use, operation, maintenance, changes, and upgrades of the Conduit. Tenant shall further be responsible for any damages caused to the Conduit caused directly or indirectly by Tenant, its agents or employees. Upon termination or expiration of the Lease, Tenant shall remove all of Tenant's wires, cables and any other equipment installed on the Property or in the Conduit. The terms of this paragraph shall survive the expiration or earlier termination of the Lease. 5. COSTS. Tenant shall reimburse Landlord for all of Landlord's costs and expenses including but not limited to, attorneys' fees, third party consultant fees, staff administrative time, and any other fees and costs incurred by Landlord in connection with the preparation and negotiation of this Amendment and any other future amendments of the Lease (collectively, "Landlord Expenses"). Tenant shall pay all Landlord Expenses within sixty (60) days after Landlord submits an invoice to Tenant for the Landlord Expenses. If Tenant fails to pay any of the Landlord Expenses or any other sums owed to Landlord under the Lease or any other future amendments thereto, within sixty (60) days after Landlord submits such invoice to Tenant, Tenant shall pay to Landlord interest on such sums at the rate of fifteen percent (15%) per annum ("Interest") plus a late fee (to cover Landlord's administrative expenses with such late payment) of Two Hundred and 00/100 Dollars ($200.00) per month ("Late Fee") until all sums owed to Landlord have been paid in full. In addition to the Interest and Late Fee Tenant shall also be responsible for any attorney's fees, administrative expenses, collection costs and any other sums incurred by Landlord if Tenant fails to timely pay all sums owed to Landlord pursuant to the Lease, this Amendment and any other amendments to the Lease. Any failure to timely pay any sums owed within the applicable time periods set forth in this Amendment, the Lease or any other amendments to the Lease shall be a material default under the Lease. The terms of this paragraph shall survive the expiration or earlier termination of the Lease. 6. FAILURE TO REMOVE IMPROVEMENTS. Upon termination of the Lease for any reason, Tenant shall remove its Antenna Facilities (including all Additional Equipment) from the Property on or before the date of termination, and shall repair any damage to the Property caused by such equipment, normal wear and tear, and casualty excepted; all at Tenant's sole cost and expense, whether removed by Tenant or Landlord. Any such personal property or facilities which are not removed on or before the date this Lease terminates shall, at Landlord's option, be deemed abandoned and become the property of Landlord. In the event Tenant leaves any personal property, equipment or any portion of its Antenna Facilities on the Property without Landlord's written consent, Tenant shall reimburse Landlord for the cost of removing and disposing of or storing the same, including but not limited to all costs and expenses associated with Landlord's administrative time in removing the personal property. Tenant shall be responsible for paying Base Rent and all other sums owed under this Lease until such time that Landlord or Tenant has removed the Antenna Facilities from the Property. In the event Landlord attempts to collect Tenant's Cell Site Name: AIQ0039A Sperry Tower Landlord's Cell Site Name: Sperry Communication Tower Amendment To Lease Agreement on any unpaid sums owed by Tenant under the Lease or this Amendment or Landlord brings any other action to enforce the terms of the Lease, as amended, including, but not limited to, Tenant's removal of its Antenna Facilities, Tenant shall be responsible for all costs of collection including, but not limited to, attorneys' fees, court costs, and expert witness fees whether or not Landlord files suit against Tenant and all costs of Landlord's administrative time and expense. The terms of this Section shall survive the termination or other expiration of this Lease. 7. OTHER TERMS AND CONDITIONS REMAIN. In the event of any conflict between the terms of the Lease and this Amendment, the terms of this Amendment shall control; except as expressly set forth in this Amendment, the Lease shall remain otherwise unmodified and remain in full force and effect. Each reference in the Lease and the Amendment to themselves shall be deemed also to refer to this Amendment. 8. INDEMNIFICATION. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all claims, costs, penalties, fines, lawsuits, demands, and expenses, including attorney's fees and court costs, arising out of or related to (1) any negligence or misconduct in any entry upon the Property by Tenants agents, contractors, and employees, except to the extent caused by the negligence or willful misconduct of Landlord; (2) the presence of Tenant's Antenna Facilities, the Additional Equipment or any other equipment or personal property of Tenant upon Landlord's Property; (3) any default by Tenant under the Lease, as amended. The indemnification provisions contained in the Amendment shall be construed as additional indemnification obligations of Tenant and shall not be construed in any way to limit or eliminate any of the indemnification provisions of Tenant contained in the Lease. Tenant shall not be required to indemnify Landlord from Landlord's negligence or willful misconduct. All indemnification obligations of Tenant as set forth in the Lease and this Amendment and any other amendments of the Lease shall survive the termination or expiration of the Lease. 9. LIMITATION OF LANDLORD'S LIABILITY. Landlord's liability for damages to Tenant under the Lease and this Amendment shall be limited to the actual and direct costs of equipment removal and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. The terms of this paragraph shall survive the termination or expiration of the Lease. 10. CROSS -DEFAULT. In the event that Tenant or any permitted assignee of Tenant defaults under any of its obligations under the terms of the Lease, this Amendment or any other amendments of the Lease, Tenant shall, at Landlord's option, be in default under all other leases or other site agreements with Landlord, including but not limited to leases of any other property owned by Landlord. If Landlord elects to exercise its right of cross - default as provided above, Tenant shall be in default under any and all other leases or other site agreements with Landlord until such time that Tenant has, to Landlord's satisfaction, cured the defaults under any and all other leases and agreements with Landlord. it. AS-BUILTS AND PUNCHLIST MATTERS. Tenant shall complete construction and installation of the Additional Improvements within sixty (60) days after execution of this Amendment. Within twenty (20) days after Tenant completes the construction and installation of the Additional Improvements, Tenant shall provide Landlord with "As -Built" drawings in paper and electronic format as required by Landlord and which is compatible with Landlord's existing file systems ("As-Builts"). Tenant shall also complete all punch -list items ("Punch List") within twenty (20) days after Landlord or Landlord's contractors provides the Punch List to Tenant or Tenant's contractors. In the event that Tenant fails to provide the As-Builts or complete the Punch -List items within the time period set forth above, Tenant shall pay a daily fee to Landlord of $100 per day for each day that Tenant has not completed its obligations as set forth in the paragraph until such time as Tenant completes its obligations set forth herein. 12. SURVIVAL OF OBLIGATIONS. All of Tenant's indemnification obligations and obligations to pay rent, fees and other sums owed to Landlord under the Lease and any amendments to the Lease shall survive the expiration or earlier termination of the Lease. 13. AFFIRMATION OF LEASE. Except as set forth herein, all terms and conditions of the Lease and any prior amendments shall remain in full force and effect. 14. COUNTERPARTS. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Tenant's Cell Site Name: Al Q0039A Sperry Tower Landlord's Cell Site Name: Sperry Communication Tower Amendment To Lease Agreement 15. AUTHORITY. Each person signing this Amendment represents and warrants that he or she has the right, power and legal capacity to enter into this Amendment and that such signature will bind the party for who such signor signs this Amendment. 16. CONFLICT. In the event of a conflict between any terms contained this Amendment and the Lease, the terms of this Amendment shall control. 17. CAPITALIZED TERMS. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. 18. NOTICES. Tenant's notice addresses in the Lease are deleted in their entirety and replaced with the following: If to Tenant: T -Mobile Central LLC 12920 SE 38t' Street Bellevue, WA 98006 19. RECORDING. Tenant shall not record this Amendment or the Lease or any further Amendments to the Lease without the prior written consent of Landlord. 20. CONSTRUCTION. Landlord and Tenant agree that each of them has participated in the drafting of the Lease and this Amendment (collectively the "Agreement") and that the Agreement shall not be construed against the party that drafted it. Both Landlord and Tenant acknowledge and agree that any Court interpreting the Agreement shall not construe any portion of the Agreement in favor of or against Landlord or Tenant based upon any rule of law or construction that would construe the Agreement against the party that drafted it. [The remainder of this page has been intentionally left blank. Signature pie to follow.] Tenant's Cell Site Name: AIQ0039A Sperry Tower Landlord's Cell Site Name: Sperry Communication Tower Amendment To Lease Agreement IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this Sixth Amendment on the dates set forth below. LANDLORD: City of Eagan, a Minnesota municipal Corporation By: Print Name: Mike Maguire Title: Mayor Date: By: Print Name: Christina M. Scipioni Title: City Clerk Date: TENANT: T -Mobile Central LLC, a Delaware limited liability company By: Print Name: Its: CCnVS S r Date: [ 27 7 7 Agreed as to form: Date: City Attorney's Offic Tenant's Cell Site Name: AlQO039A Sperry Tower Landlord's Cell Site Name: Sperry Communication Tower Amendment To Lease Agreement Agenda Information Memo November 6, 2017 Eagan City Council Meeting Consent Agenda: T. Contract 16-24, Central Maintenance Facility Renovations Security, Access Control & Paging Services Action To Be Considered: Approve the final payment for Contract 16-24 (Central Maintenance Facility Renovations - Security, Access Control and Paging Services) to Parson Electric LLC for $9,424.01 and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: Contract 16-24 provided for the installation of low-voltage wiring (data/voice), security, access control and paging services as part of the Central Maintenance Facility renovations. On September 6, 2016, the City Council awarded the contract to Parsons Electric LLC for the base bid of $63,664.76. These improvements have been completed, inspected by representatives of the IT and Public Works Departments, 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 November 6, 2017 Eagan City Council Meeting CONSENT AGENDA U. Contract 17-09, Vikings Parkway Streetscaping Change Order No. 1 Action To Be Considered: Approve Change Order No. 1 for Contract 17-09 (Vikings Parkway - Streetscaping) and authorize the Mayor and City Clerk to execute all related documents. Facts: Contract 17-09 provides for the installation of landscaping and irrigation systems as part of the construction of Vikings Parkway through the Viking Lakes development, as identified in the amended feasibility report for Project 1225. On July 5, 2017, the contract was awarded to Peterson Companies for the base bid in the amount of $949,879.60. The proposed revision as part of Change Order No. 1 is: o Completion date extension. Proposed extension of the contract completion date until June 30, 2018, at the request of the contractor, to allow for impacts due to weather conditions this construction season that caused delays for work under City Contract 16-22, Vikings Parkway Street Improvements, in the same area. The contract’s specifications included a completion date of October 30, 2017. The contractor would complete as much work under Contract 17-09 as weather allows in 2017. However, work remaining after this construction season will need to be completed next spring with anticipated completion by June 30, 2018. There would be no cost change to the contract with the extension of the substantial completion date from October 30, 2017, to June 30, 2018. This Change Order has been reviewed by the Public Works Department (Engineering) and found to be in order for favorable Council action. Attachments (2) CU-1 Contractor’s Request for Extension CU-2 Change Order No. 1 8326 WYOMING TRAIL CHISAGO CITY, MN 55013 (P) 651.257.6864 (F) 651.257.3393 PETERSONCOMPANIES.NET An Affirmative Action, Equal Opportunity Employer October 25, 2017 Vikings Parkway Landscaping & Irrigation Improvements City of Eagan John Gorder RE: Project completion John, As outlined in the specifications the intention was for the project to be turned over to us to begin work August 1, 2017 however this did not happen due to weather causing delays for previous work scopes. The first day that we could begin working on site was August 28, 2017 and upon starting work on site, we were caught up with what was ready for us after only three (3) working days then had to move off site until new areas were ready for completion. We have been completing work as possible when areas become ready and will continue to complete as much work as we can until the weather does not allow. With that said there is still areas of the project that are not ready for us and in looking at the upcoming forecast it does not appear that we will be able to complete all work associated with this project prior to freeze up this year. As stated we will work on the areas that are available to us to get as much work as possible completed yet this year however there will be some work that will need to be completed next spring. We anticipate with where we are at right now that all remaining work will be completed by June 30, 2018. Please feel free to contact me with any questions you may have. Sincerely, Ryan Potvin Operations Manager 651-257-0308 (direct) 612-366-7175 (cell) Change Order IIPFIW STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER CitylCounty of CL _of,Eaaan Change Order No. 1 Page 1 of 1 rFEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT Ivo. SAP 195-146-004 1225 17-09 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Peterson Companies 8326 Wyoming Trail Chisago City, MN 55013 TOTAL CHANGE ORDER AMOUNT $0.00 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. Extend the final contract completion date of October 30, 2017 to June 30, 2018 due to several weather and unforeseen private: utility delays COST BREAKDOWN There are no items associated with this Change Order. " Funding category is required for federal projects. CHANGE_ IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ ] Is Not Changed [ ] Is Decreased by Working Days [ X ] Is Increased by 243 Calendar hays c. [ ] May be revised if work affected the controlling operation [ ] Is Decreased by Calendar Days Approved By Project Engineer: John Gorder Approved By Contractor: Peterson Companies Signed _ Signed _ Date: Phone: (651,1675-5646 Date: Phone: (6511257-6864. Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is For FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: 11/1/2017 CONTRACT STATUS TIME/COMPLETION _DATE AMOUNT Original Contract: October 30, 7017 $949,879.60 Change Order: June 30,2018 $949879,60 Subtotal of Previous Change Orders.: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECOMMENDED FOR APPROVAL: Project Manager �r City Department Aanager City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION `1 - City 2 - Contractor � - Engineer G:CHANG£ ORDERS/Change Order Form By: Date: 0 0 $ 0.00 x_0_00 0.00 $ $949,$79.51 Contractor Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA V. Contract 17-19, Cedar Grove Area Entrance Monuments Change Order No. 1 Action To Be Considered: Approve Change Order No. 1 for Contract 17-19 (Cedar Grove Area Entrance Monuments) and authorize the Mayor and City Clerk to execute all related documents. Facts: Contract 17-19 provides for the rehabilitation of the landscape monuments at the intersection of Silver Bell Road/ Nicols Road/ Cedar Grove Parkway, as outlined and discussed in the presentation at the May 9, 2017, Council Workshop for Project 1189. On September 5, 2017, the contract was awarded to Pember Companies, for the base bid in the amount of $404,449.02. The proposed revision as part of Change Order No. 1 is: o Completion date extension. Proposed extension of the contract’s substantial completion date until June 1, 2018, at the request of the contractor, to allow for impacts due to monument material fabrication delays from the supplier. The contract’s specifications included a substantial completion date of November 3, 2017. The contractor would complete as much work under Contract 17-19 as weather allows in 2017. However, work remaining after this construction season will need to be completed next spring, along with planting and restoration work, with anticipated completion by June 1, 2018. There would be no cost change to the contract with the extension of the substantial completion date from November 3, 2017, to June 1, 2018. This Change Order has been reviewed by the Public Works Department (Engineering) and found to be in order for favorable Council action. This Change Order has been reviewed by the Public Works Department (Engineering) and found to be in order for favorable Council action. Attachments (2) CV-1 Contractor’s Request for Extension CV-2 Change Order No. 1 JJGoilkL Pember Companies, Inc. N4449 - 469th Street • Menomonie, Wisconsin 54751 Phone: 715-235-0316 Grading * Utility Installation * Curb and Gutter * Sidewalk Fax: 715-235-9006 November 1, 2017 City of Eagan John Gorder, City Engineer 3830 Pilot Knob Road Eagan, MN 55122 RE: Extension Request —Cedar Grove Area Entrance Monuments Please accept this letter as Pember Companies, Inc. request for a time extension to complete the work for the project known as Cedar Grove Area Entrance Monuments. We would like to request a June 1, 2018 completion date for the Monument/Hardscape due to the long lead times on the material. We appreciate your consideration in this matter and look forward to hearing from you. Sincerely, David Webb Project Manager EEO/AA (W/M/Veteranss/Disability) Employer Change Order STATE AID FOR LOCAL TRANSPORTATION CHANCE ORDER City/County of City of Eagan Change Order No. 1 Page 1 of 1 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. 1189 CONTRACT NO. 1 17-19 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Pember Companies Inc. N4449 469th St TOTAL CHANGE ORDER AMOUNT Menomonie, WI 54751 $0.00 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. Extend interim completion date from November 3, 2017 to Ju ne 1, 2018 due to weather related delay; COST BREAKDOWN There are no items associated with this Change Order. Funding category is required for federal projects. CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ ] Is Not Changed [ ] Is Decreased by Working Days [ X ] Is Increased by 211 Calendar Days c. [ ] May be revised if work affected the controlling operation [ ] Is Decreased by Calendar Days (Approved By Project Engineer: John Gorden Approved By Contractor: Pember Companies Inc. Signed G "7in 'r '' Signed Date: Phone: L651)_675-5646 Date: Phone: 715 235-9006 Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will he available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: 11/2/2017 �' CONTRACT STATUS Original Contract: Change Order: TIME/COMPLETION DATE November 3, 2017 June 1. 2018 Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECOMMENDED FOR APPROVAL Y: A.-� „ 111-117 Project Manager / gy.] City Department Manager 0 City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 - City 2 - Contractor 1 - Engineer G:CFIANGE ORDERS/Change Order Form By: Date: 0 % 0 % AMOUNT $440,449.00 $440.449.00 0.00 Q.00 0.00 $ $440,443.00 Contractor Agenda Information Memo November 6, 2017, Eagan City Council Meeting CONSENT AGENDA W. Conditional Use Permit (1981 Silver Bell Road) – Hour Kids Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow a child care facility upon property located at 1981 Silver Bell Rd., legally described as Lot 1, Block 1, Silver Bell Center Addition, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: The applicant is proposing a child care facility in the existing multi-tenant Shoppes of Cedar Grove retail center located at 1981 Silver Bell Road. The site is within the Cedar Grove Redevelopment District, a TIF district that was certified in 2002. The City’s Comprehensive Guide Plan created a small area plan for Special Area #5 (Cedar Grove) in 2003. Also in 2003, approximately 96 acres within the Cedar Grove redevelopment area, including the subject site, was rezoned from various zoning districts to CGD, Cedar Grove District. The CGD zoning district does not list a child care facility as an allowed use. The CGD district does provide for a CUP allowing the City Council to determine whether a use that is not listed is “similar in purpose and character to other permitted and conditional uses in this district.” The CUP process allows for a determination to be made relative to a specific site. The proposed use is similar and compatible with other retail commercial and service uses listed in the CGD zoning district and specifically for the subject site. Hour Kids will occupy approximately 4,000 sq. ft. in the middle of the building. An outdoor play area will be established on the north end of the building, occupying a portion of the drive aisle and four parking stalls. Access from the interior space to the outdoor playground will be provided via the existing sidewalk, and the playground will be fenced with a 4’ galvanized, stainless steel chain link fence. A public hearing was held on October 24, 2017, and the Advisory Planning Commission did recommend approval. Issues: None 60-Day Agency Action Deadline: November 19, 2017 Attachments: (4) CW -1 Location Map CW-2 Draft October 24, 2017, APC Minutes CW -3 Planning Report CW -4 Report Exhibits STATE T.H . N O . 13SILVER BELL ROADYANKEEDRIVEJADE PTCEDARGROVEPKWYTACONITE TRAIL TACONITE GOLD TRAIL AMETHYST LANEBLACKHAWKROAD CINNABAR DRBLUESTONE LANE BERYL ROADGOLD TRAIL BROWNBEARTRAILT U R Q U O IS E T R A I LTESSERACT PLSTATETRUNKHIGHWAYNO.13KENNEBECDRIVECALCITE DRBLUESTONE DRROBIN LANE EASTBLUESTONE DRSILVER BELL CRN IC O L S R O A D PERIDOTPATHCINNABAR CTKENNEBECDRIVE SIBL E Y CTRIV V L Y W A YWUTH ERING HEIGHTS RDCEDARGROVEPKWYPUMICE POINT SERPENTINEDRST AT E T .H. NO. 7 7 (CEDAR AVE)TURQUOISE TRAILRED F OX LN HEATHERDRALDER LANERAHNROADPLANTROADPUMICE L NGOLD CT CARNELIAN LANE N I C O L S R O A D TRAIL CO M A NC HE R O A D DOLOMITEDRO L I VI NEDREAGANOUTLETSPKW YF L I NTLANE LI MONI TELANEMICA TRAILCINNABAR DRIVESILVER BELL ROAD SE N ECAROADCINNABAR DR F E N W A Y B E R Y L R O AD BURGUNDY DRPUMICE CTPUMICE LANEG O L D T R A IL WILLOWWAYDIAMOND PTSHAWNEEROAD SILVER BELL RD LAUREL CTSTATETRUNKHIGHWAYNO.13MICA TRAIL LODESTONE CIR. TURQUOISE TRAIL KENNEBEC DRIVECEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVDPeridotPathPark WoodhavenPark Fort SnellingState Park BridgeviewPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Hour KidsRequest: Conditional Use PermitCase N o.: 17-CU-12-09-17 Subject Site Advisory Planning Commission October 24, 2017 Page 14 of 21 E. Hour Kids Applicant Name: Kristinah Dvorak, Hour Kids Location: 1981 Silver Bell Rd; Lot 1, Block 1, Silver Bell Center Addition Application: Conditional Use Permit A Conditional Use Permit to allow a child care facility. File Number: 17-CU-12-09-17 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 17, 2017. Member Vanderpoel questioned whether other child care facilities are located in multi-tenant retail centers. Planner Thomas provided three similar examples. Kristinah Dvorack, Hour Kids, explained her business model with the ages of children being 6 weeks to not greater than 6 years of age. Member Goff questioned the use of chain link fencing and stated his dislike for chain link fencing, suggesting the use of shrubbery as well. Ms. Dvorack explained her preference for chain link as it allows children to see outside the playground area as well as nearby traffic. Chair Piper opened the public hearing. Edward Finley, 3520 Widgeon Way, questioned locating a daycare operation in a retail center that includes on-sale liquor operations. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. Planner Thomas stated City Code allows the daycare and liquor uses when located in the same zoning district and same development. Member Weimert moved, Member Heckmann seconded a motion to recommend approval of a Conditional Use Permit for a childcare facility at 1981 Silver Bell Road, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder’s Office within 60 days of approval, and proof of recording shall be submitted to the City, prior to when the daycare opens. 2. The child care facility shall be operated in compliance with all County and State regulations. The daycare shall obtain and maintain all required permits and licenses required by the County and/or State. 3. The playground area shall be located as shown on the Site Plan dated September 19, 2017. 4. A fence shall be constructed to enclose the playground area. Advisory Planning Commission October 24, 2017 Page 15 of 21 5. All signage shall meet City Code standards. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 2017 CASE: 17-CU-12-09-17 APPLICANT: Hour Kids HEARING DATE: October 24, 2017 PROPERTY OWNER: Bluff Properties, LLC PREPARED BY: Sarah Thomas REQUEST: Conditional Use Permit LOCATION: 1981 Silver Bell Road COMPREHENSIVE PLAN: SA/RC, Special Area/Retail Commercial ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to establish a child care facility within the Shoppes of Cedar Grove, 1981 Silver Bell Road, legally described as Lot 1, Block 1, Silver Bell Center Addition. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report – Hour Kids Child Care Center October 24, 2017 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The existing multi-tenant retail building was constructed on this site in 1979. At that time, the property was zoned CSC, Community Shopping Center. Several CUP’s have been approved for different uses over the years including restaurants, on-sale liquor, motor fuel sales, dog grooming, and a pylon sign. The most recent CUP in 2012 was for a laundromat, located in the southeast endcap tenant space, facing Silver Bell Rd. In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area’s potential to create a viable mixed use area that would utilize the area’s innate advantages (highway visibility and accessibility) while maintaining compatible land use relationships with surrounding uses. In 2001, the City created the Cedar Grove Redevelopment Tax Increment Financing (TIF) District. This TIF District was certified in 2002. The City’s Comprehensive Guide Plan created a small area plan for Special Area #5 (Cedar Grove) in 2003. The City’s current 2030 Comprehensive Guide Plan, adopted in April 2010, continues to include this property within the Cedar Grove Commons Special Area. The City adopted the new Cedar Grove Zoning District ordinance in December 2002 and on June 3, 2003, the City Council approved a rezoning of approximately 96 acres within the Cedar Grove redevelopment area from various zoning districts to CGD, Cedar Grove District. The existing multi-tenant retail building was included in this rezoning to CGD. Planning Report – Hour Kids Child Care Center October 24, 2017 Page 3 An exterior remodel of the building was completed in 2008, updating the architecture and finish materials, and increasing consistency with current City Code requirements. The CGD zoning district encompassed some remaining existing buildings as well as areas intended to redevelop. This building and the adjacent McDonald’s building are two such sites. McDonald’s has been rebuilt and this building has undergone a substantial remodel since implementation of the CGD zoning district. EXISTING CONDITIONS The site is developed with an approximately 40,000 sq. ft. multi-tenant commercial retail building with 187 parking stalls, plus additional parking at the fuel pumps at the convenience gas station. Most tenants front on the west side of the building, facing the parking lot and Hwy. 13. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Townhomes R-3, Residential Townhouse Medium Density South Apartments PD, Planned Development; R-4, Multiple Residential Special Area/High Density; High Density East Apartments R-4, Multiple Residential High Density West McDonald’s Hwy. 13 Cedar Grove District Special Area/Retail Commercial EVALUATION OF REQUEST Proposal – The applicant is proposing a 4,000 sq. ft. child care facility for a middle tenant space within this building. A 1,800 sq. ft. outdoor playground to support the facility is proposed off of the north end of the building and will occupy a portion of the drive aisle and four parking stalls. The applicant’s narrative states that; “Minnesota is experiencing a “care crisis”…referring to a lack of new child care opening for children under age 5”. The proposed child care facility will specifically serve children that are on wait-lists for other child care centers and also for walk-ins. City Code Requirements – The CGD zoning district is intended to be a mixed use district and lists many retail, commercial, service, residential and professional uses as permitted uses. The text of the CGD zoning ordinance provides for a Conditional Use Permit process for the City Council determine whether a use that is not listed is “similar in purpose and character to other permitted and conditional uses in this district.” The CUP process allows for a determination regarding the compatibility of a use not listed to be made specific to a particular property, while not making the use permitted throughout the district generally. Planning Report – Hour Kids Child Care Center October 24, 2017 Page 4 Compatibility with Surrounding Area – The proposed child care use appears to be similar and compatible with the other retail and service uses that are listed in the CGD district and with this site specifically. The proximity to multiple residential uses to the south and east, location in an existing building with other retail commercial uses and services, and separation from the core of the Cedar Grove redevelopment area, support the appropriateness of a child care use on the subject site. Licenses and Permits – A child care facility must be licensed by the State. The applicant is responsible for obtaining and maintaining the necessary license to operate the facility. Proof of the license must be furnished to the City before the Conditional Use Permit will be released for recording. Building Modifications/Playground – Some interior remodeling will be needed to accommodate the use; however, no exterior changes to the existing building are planned save for the addition of the playground at the north end of the building. The 1,800 SF playground area will be enclosed with a 4’ galvanized, stainless steel chain link fence. A City of Eagan Building Inspector is required to visit and inspect the site per State requirements. It is the applicant’s responsibility to obtain any Building Permits that may be required for interior remodeling. SUMMARY/CONCLUSION The applicant is proposing a child care center use in the existing multi-tenant retail center located at 1981 Silver Bell Road. The property is zoned CGD, Cedar Grove District, which does not list a child care center as an allowed use. The CGD district does provide for a CUP process allowing the City Council to determine whether a use that is not listed is “similar in purpose and character to other permitted and conditional uses in this district.” The CUP process allows for a determination to be made site specific. The proposed use appears to be similar and compatible with other retail commercial and service uses listed in the CGD zoning district and specifically for the subject site. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for a child care facility at 1981 Silver Bell Road. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder’s Office within 60 days of approval, and proof of recording shall be submitted to the City, prior to when the daycare opens. 2. The child care facility shall be operated in compliance with all County and State regulations. The daycare shall obtain and maintain all required permits and licenses required by the County and/or State. Planning Report – Hour Kids Child Care Center October 24, 2017 Page 5 3. The playground area shall be located as shown on the Site Plan dated September 19, 2017. 4. A fence shall be constructed to enclose the playground area. 5. All signage shall meet City Code standards. STATE T.H. NO. 13SILVER BELL ROADYJADE PTCEDARGROVEPKWYTACONITE TRAILTACONITEGOLDTRAILAMETHYST LBLACKHAWKROADCINNABAR DRBLUESTONELANERYL ROADGOLD TRAILBROWNBEARTRAILTURQUOISETRAILTESSERACT PLSTATETRUNKHIGHWAYNO.13KENNEBECDRIVECALCITE DRUESTONE DRREASILVER BELL CRNICOLS ROADPERIDOCINNABARCTKENNEBECDRIVEYCTRIV VLY W A Y WUTHERING HEIGHTS RDCEDARGROVEPKWYPUMICE POINTS E R PENTI N E D R STATE T. H. N O. 7 7 ( C E D A R A V E)TURQUREDFOXLNHEATHERDRALDER LANER A H N R O ADPLANTROAD PUMICEL NGOLD CTCARNELIAN IC O L S R O A D TRACOMANC HE ROAD DOLOMITEDRO L IV I N EAGANOUTLETSPKWYFLINTLANL I M O N I T E MICA TRAILCINNABAR DRIVESILVER BELL ROADSEN E CA ROA D CINNABAR DRFEN WAY BERYL ROADBURGUNDY DRPU M IC E CT CE LANEG O L D TRAI LWILLOWWAY DIAMOND PTSHAWNEEROADSILVER BELL RDLAUREL CTSTATMICA TRAILLODESTONE CIRTURQUOISE TRAILKENNEBEC DRIVECEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVDPeridotPathParkWoodhavenParkFort SnellingState ParkBridgeviewParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Hour KidsRequest: Conditional Use PermitCase No.: 17-CU-12-09-17Subject Site MN HWY 13200 0100 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 2016Project Name: Hour KidsRequest: Conditional Use PermitCase No.: 17-CU-12-09-17 FENCEDPLAYGROUNDAREADATE:SHEET NO:PROJECT:HOUR KIDS CHILDCARE1967 SILVER BELL ROADEAGAN, MNSITE-0119 SEP 2017PROPOSED PLAYGROUND / EXISTING SITEFENCEDPLAYGROUNDDAREADAYCARE FENCEDPLAYGROUNDAREADATE:SHEET NO:PROJECT:HOUR KIDS CHILDCARE1967 SILVER BELL ROADEAGAN, MNSITE-0219 SEP 2017PROPOSED PLAYGROUND / EXISTING SITEFENCEDPLAYGROUNDDAREA10'-4"20'-8"13'-10"Loss of adjacentparking space nextto fencing35'-4"53'-3" ,1)$175220 6) .,'6 2)),&( &+,/'&$5( 5220 6) .,'6 &+,/'&$5( 5220 6) .,'6 &+,/'&$5( 086&/(5220 6) .,'6 /2:+(,*+7:$///2:+(,*+7:$//&$7(5,1* .,7&+(1 -$1 &/67* &+,/'5(16 72,/(750 '$7( 6+((712 +285.,'6&+,/'&$5( 6,/9(5%(//52$'($*$1016.$5HY$8*352-(&7 352326('63$&(3/$1 Conditional Use Application Written Narrative Re: Hour Kids 1981 Silver Bell Rd. Eagan, MN 55122 Kristinah Dvorak 612-239-0153 HourKidsMN@gmail.com PID: 106810001010 City of Eagan, I am seeking an approval for conditional permit regarding a new licensed child care facility; I propose to operate this child care center under my current LLC and will do business as “Hour Kids ™”. Hour Kids will operate in an underserved market as Minnesota is currently experiencing a “care crisis”, according to the Minnesota Department of Human services; this is referring to a lack of new child care openings for children under age 5. “In 2015, licensed child care programs had the capacity to care for 224,000 children, seemingly leaving a gap in licensed capacity of approximately 35,000. (DHS)” There is an especially prominent lack of available childcare openings for children [less than two years of age]. My child care center will specifically serve children that are on wait-lists for other proximal child care centers by offering semi-permanent interim care for up to one year. We will also serve walk-in childcare needs for the general public, such as shoppers of the Eagan Outlet Mall. Hour Kids will be licensed by the MN Department of Human Services. At maximum capacity, Hour Kids will accommodate fifty-two children and eight fulltime teachers in a 4,027 square foot unit, to be located at 1981 Silver Bell Rd. in Eagan. Leasing of this facility is contingent upon successful Fire Marshall, Department of Health and county Licensor inspections and proof of compliance with both city and building codes. Build-out is expected to begin immediately after receipt of building permits. The timeline and phasing of this project is as follows; Phase 1: 9/20/17 CUP Application Deadline 10/24/17 Advisory Planning Commission Meeting 11/06/17 City Council Meeting Phase 2: 11/22/17 Apply for necessary project permits Early to mid-December: Begin build-out Phase 3: Anytime between 12/20/17-1/20/18 relevant inspections and approvals take place 1/26/18 or 2/06/18 Occupancy certificate issued and operation begins Existing land uses are the current retail strip mall, and adjacent parking spaces. In addition to bays numbered 1200 and 1400 within the strip mall. Parking uses: Currently, the Shoppes of Cedar Grove has 210 usable parking spaces available. Hour Kids seeks to use utilize the equivalent of 4 parking spaces at the north end of the lot, creating a play area that is 35.4’ wide by 53.3’ deep connecting to the building; equivalent to 1,886.82SF fenced in. To satisfy a state required minimum, the play area can be no less than 1,500SF in which case this would be 3.5 spaces wide or, 30’x51’. We’re rounding up to four for this reason. The playground will be set back 13.10’ from the nearest window bank of the Hoban restaurant. This fenced area will have an access door on the sidewalk. This fence will be galvanized steel with a height of 72”. This is planned to be lined with 6”x 6” timbers at the bottom of the interior side of the fence creating a containment space to be filled in with 9” deep (child care approved) pea gravel. Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT X. Cedar Avenue Transitway Station Area Plan Action To Be Considered: To receive and acknowledge the Draft Cedar Avenue Transitway Station Area Plan intended to guide future policy decisions and development in the METRO Red Line stations located in the City of Eagan. Required Vote For Approval: Majority of Councilmembers present Facts: In December 2016, the City of Eagan and the Dakota County Regional Rail Authority entered into a cost sharing agreement to fund station area planning work related to the Cedar Grove and future Cliff Road Stations as recommended in the 2015 Cedar Avenue Transitway/METRO Red Line Implementation Plan. The Cedar Avenue Transitway Station Area Plan is intended to provide a guide for future policy decisions, development, and public investments in the Red Line station areas located in the City of Eagan, including the existing Cedar Grove Station and the proposed Cliff Road Station. The study identifies recommended near- and long-term public improvements in each of the station areas focused on improving transit ridership, enhancing the transit user experience, and promoting transit-oriented development opportunities. The station area plans are intended to be incorporated in each of the related Special Area Plans with the current 2040 Comprehensive Plan update and adopted by reference. The Draft Plan is now complete and an Executive Summary is provided for Council review and acceptance. Issues: None Attachments: (1) Cx-1 Executive Summary-Cedar Ave Transitway Station Area Plan CEDAR AVENUE TRANSITWAY STATION AREA PLAN EXECUTIVE SUMMARY DRAFT NOVEMBER 2017 DRAFT ii STATION AREA PLAN: NOVEMBER 2017 ACKNOWLEDGEMENTS PROJECT MANAGEMENT TEAM Matthew Parent, Dakota County Kristine Elwood, Dakota County Mary Montagne, Dakota County Lilian Leatham, Dakota County Erik Slettedahl, City of Eagan Jill Hutmacher, City of Eagan Mike Ridley, City of Eagan TECHNICAL ADVISORY COMMITTEE Matthew Parent, Dakota County Kristine Elwood, Dakota County Mary Montagne, Dakota County Lilian Leatham, Dakota County Erik Slettedahl, City of Eagan Jill Hutmacher, City of Eagan Mike Ridley, City of Eagan Regina Dean, City of Burnsville Aaron Bartling, MVTA Jen Lehmann, MVTA Jon Solberg, MnDOT Molly Kline, MnDOT Cole Hiniker, Met Council Patrick Boylan, Met Council Lucy Galbraith, Metro Transit Station Area Plan Project Manager: Matthew Parent Dakota County 14955 Galaxie Avenue Apple Valley, MN 55124 Phone: 952-891-7271 email: Matthew.Parent@CO.DAKOTA.MN.US THIS PLAN WAS ADOPTED BY THE _______ ON ________ STUDY PREPARED BY: Hoisington Koegler Group, Inc. Kimley-Horn and Associates, Inc. STUDY FUNDED BY: Dakota County Regional Railroad Authority City of Eagan Statewide Health Improvement Partnership (SHIP) HOISINGTON KOEGLER GROUP DRAFT iii CEDAR AVENUE TRANSITWAY CONTENTS ACKNOWLEDGEMENTS II EXECUTIVE SUMMARY IV STATION AREA PLAN: NOVEMBER 2017IV DRAFT EXECUTIVE SUMMARY In 2013, the Cedar Avenue Transitway (METRO Red Line) began high-frequency station to station bus rapid transit (BRT) service between the Mall of America in Bloomington and the Apple Valley Transit station along the Cedar Avenue Transitway. The implementation of the METRO Red Line was a result of planning efforts led by the Dakota County Regional Railroad Authority (DCRRA) and partners to serve the transit needs of the growing southern communities in Dakota County including Eagan, Apple Valley and Lakeville. In 2015, Dakota County developed a Cedar Avenue Transitway / METRO Red Line Implementation Plan Update (IPU) to identify service and facility improvements that will improve transit opportunities within the corridor now and in the future. Included in the 2015 IPU is a recommendation that station area plans be developed for each existing and planned station to help local communities prepare for a more sustainable community that integrates transit into future growth and allows for more travel options for residents. Additionally, the Metropolitan Council Regional Transitway guideline requires station area planning for infill stations. The Cedar Avenue Transitway Station Area Plan is intended to provide a guide for future policy decisions, development, and public investments in the Red Line station areas located in the City of Eagan, including the existing Cedar Grove Station and the proposed Cliff Road Stations. The study identifies the near- and long-term public improvements in each of the station areas focused on improving transit ridership, enhancing the transit user experience, and promoting transit-oriented development opportunities. CEDAR AVENUE TRANSITWAY STATION AREA PLANNING HOISINGTON KOEGLER GROUP The Dakota County Regional Railroad Authority (DCRRA) and the City of Eagan have begun the process to complete METRO Red Line transit station area planning in the vicinity of the Cedar Grove and Cliff Road transit stations in the City of Eagan. The METRO Red Line, the first bus rapid transit (BRT) line in the Twin Cities region, provides enhanced bus service to major commercial and employment centers along Cedar Avenue between Apple Valley and the Mall of America. The station area plans will provide a guide for future policy decisions, development and public investments in the Cedar Grove and Cliff Road station areas. The station area plans are intended to enhance opportunities for economic development and improve transit ridership. Project Manager: Matthew Parent Dakota County 952-891-7271 Matthew.Parent@CO.DAKOTA.MN.US We need your input! Learn more about the project and share your ideas for station area planning. www.hkgi.com/projects/EaganBRTStations/index.php Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 0.5 10.25 MilesLegend Existing and Planned BRT Stations Station Planning Study Area CLIFF ROAD STATION WEST CLIFF ROAD STATION EAST CEDAR GROVE STATION CLIFF RD DIFFLEY RD TWIN CITIES PREMIUM OUTLETS METCALF MIDDLE SCHOOL CINNAMON RIDGE APARTMENTS CEDAR ALTERNATIVE HIGH SCHOOL RAHN PARKMINNESOTA RIVERI-35ECEDAR AVENUEHWY 1332 30 CEDAR AVENUE TRANSITWAY STATION AREA PLANNING HOISINGTON KOEGLER GROUP The Dakota County Regional Railroad Authority (DCRRA) and the City of Eagan have begun the process to complete METRO Red Line transit station area planning in the vicinity of the Cedar Grove and Cliff Road transit stations in the City of Eagan. The METRO Red Line, the first bus rapid transit (BRT) line in the Twin Cities region, provides enhanced bus service to major commercial and employment centers along Cedar Avenue between Apple Valley and the Mall of America. The station area plans will provide a guide for future policy decisions, development and public investments in the Cedar Grove and Cliff Road station areas. The station area plans are intended to enhance opportunities for economic development and improve transit ridership. Project Manager: Matthew Parent Dakota County 952-891-7271 Matthew.Parent@CO.DAKOTA.MN.US We need your input! Learn more about the project and share your ideas for station area planning. www.hkgi.com/projects/EaganBRTStations/index.php Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 0.5 10.25 MilesLegend Existing and Planned BRT Stations Station Planning Study Area CLIFF ROAD STATION WEST CLIFF ROAD STATION EAST CEDAR GROVE STATION CLIFF RD DIFFLEY RD TWIN CITIES PREMIUM OUTLETS METCALF MIDDLE SCHOOL CINNAMON RIDGE APARTMENTS CEDAR ALTERNATIVE HIGH SCHOOL RAHN PARKMINNESOTA RIVERI-35ECEDAR AVENUEHWY 1332 30 FIGURE I.1 CEDAR GROVE AND CLIFF ROAD STATION AREAS CEDAR AVENUE TRANSITWAY V DRAFT PLANNING PROCESS The planning process involved an inventory and analysis of existing conditions in the station areas, including pedestrian and bicycle infrastructure, transit facilities, roadways, utilities, land uses and amenities. It also included an analysis of existing plans, studies and market conditions in each station area. This information was supplemented with stakeholder input received through a series of interviews and other forums for community input. The following is a brief summary of the planning process: INVENTORY AND ANALYSIS The Cedar Avenue Transit Station Planning Study included an evaluation of existing infrastructure, transit, pedestrian and bicycle environments within an area approximately ½ mile from each station intended to provide information regarding existing gaps and potential opportunities for enhancing mobility in each station area. The site analysis identified several gaps in pedestrian and bicycle systems around each station and opportunities to enhance the public realm to make connections to transit more pedestrian and bike-friendly. RELATED PLANS AND STUDIES The Station Area Plans are also informed by several related planning documents and studies, including the City of Eagan 2030 Comprehensive Plan, Dakota County 2030 Comprehensive Plan, Dakota County 2030 Transportation Plan, METRO Red Line Cedar Avenue BRT Market and Development Study, and the Cedar Avenue Transitway Implementation Plan Update. Key takeaways from these plans and studies include: »Create compact, mixed-use neighborhoods that place parks, schools, civic buildings and retail within walking distance of people’s homes »Support neighborhoods becoming more pedestrian and bike-friendly through additional trail connections, sidewalks, improved street intersections, and landscape treatments »Promote transit supportive land uses that encourage active living and transit ridership »Provide transit passenger amenities such as lighting, benches, bicycle facilities, and attractive landscaping »Clearly define and aggressively market the benefits and features of BRT service STATION AREA PLAN: NOVEMBER 2017VI DRAFT MARKET ANALYSIS Additionally, the study included an evaluation of existing and anticipated market conditions in each station area, providing Dakota County and the City of Eagan with a better understanding of potential development and redevelopment opportunities in each station area and what land uses to plan for based on market feasibility. Overall, the market study recommends that the City of Eagan and local developers focus on creating a residentially-focused mixed use development as part of the evolution of the Cliff Road station area, to the east side of Cedar Avenue. In order to best leverage the presence of the BRT line along Cedar Avenue, residential mixed use projects in the vicinity should provide good connections to the BRT station area (in the form of sidewalks, bicycle amenities and facilities, and safe crosswalks), and provide space for bus connections from other bus lines into the BRT station area. STAKEHOLDER ENGAGEMENT Stakeholder engagement was critical to the creation of the Cedar Avenue Transitway Station Area Plan. A purposeful and effective stakeholder engagement plan was conducted throughout the project to ensure plan recommendations reflect stakeholder input and priorities. Engagement efforts included: regular meetings with the Project Management Team (PMT), consisting of County and City staff, and the Technical Advisory Committee (TAC), consisting of County and City staff, and other agency representatives; stakeholder interviews, pop-up displays at community events; public open houses; and online survey input. Building on previous engagement efforts conducted for the Cedar Avenue transit corridor, stakeholder engagement for this planning effort provided important information about the assets, issues, opportunities and needs that transit users, residents, business owners, workers, and other stakeholders felt the station area plans should address. Key takeaways from stakeholder engagement include: »Consider education and marketing programs to bolster transit ridership »Offer public transportation promotions to incentivize transit use »Wayfinding and signage are concerns that should be addressed in the station area plan »Safety and comfort are concerns – particularly for seniors »Surrounding neighborhoods lack sidewalks and bike facilities today »Improvements are needed to enhance connectivity to and from the transit stations »Promote transit supportive land uses near stations including high density housing, mixed-use, entertainment and retail, healthy food choices and schools »Consider placemaking at stations (green space, plazas, public art) »Plan for “kiss and ride” facilities near the station areas STATION AREA PLANNING WORKSHOP The station area planning team, consisting of the PMT, TAC, and the consultant team, conducted a Station Area Planning Workshop to generate ideas for station area plans, building on the station area analysis, market study, and stakeholder input. The concepts developed in the workshop provided a foundation for further station area planning work. Workshop with the Technical Advisory Committee, May 2017 CEDAR AVENUE TRANSITWAY VII DRAFT CEDAR GROVE STATION AREA VISION The vision for the Cedar Grove station area is to provide a strong, vibrant gateway into the City of Eagan by creating a transit-oriented, pedestrian friendly, mixed-use district with a mix of housing choices, and a center for economic and cultural activity with regional destinations for retail and restaurants, employment, and transit services. A strong sense of identity will be created through the development of a compact, mixed-use district that create places where people can live, work, shop and recreate without an automobile. Emphasis for the Cedar Grove station area will be to support existing development, promote TOD on remaining development sites, protect and enhance health and quality of life for local neighborhoods, and create a more connected street, sidewalk and trail network for all modes of transportation, with safe and convenient connections to the Cedar Grove Station and area destinations. Enhanced streetscapesWayfinding Active ground level uses Pedestrian-friendly streets CLIFF ROAD STATION AREA VISION The Cliff Road station area is envisioned as a transit-oriented, pedestrian- friendly, mixed-use neighborhood with a mix of residential, retail, office and park uses. The area is well-served with access to major roadways and public transit, including numerous local and express bus routes, and a park-and- ride facility located at Cliff Road and I-35E. This area will also be served by future bus rapid transit (BRT) stations located at the Cedar Avenue and Cliff Road interchange. Future redevelopment in the Cliff Road station area should focus on underutilized and undeveloped sites near the proposed BRT stations. Emphasis for the Cliff Road station area will be to promote transit- supportive, compact, mixed-use development, protect and enhance health and quality of life for local neighborhoods, and create a more connected street, sidewalk and trail network for all modes of transportation, with safe and convenient connections to the Cliff Road stations and area destinations. Multi-use trail Streetscape plantings Active ground level uses Grade-separated crossing ESTABLISH VISION AND GUIDING PRINCIPLES A Vision statement and set of Guiding Principles were established to guide future investments and development in each station area. The station area vision and guiding principles are consistent with the City’s vision for each station area, as stated in the 2030 Comprehensive Plan, and reflect stakeholder input received as part of this planning effort. The Vision provides an overarching statement of the future land uses, character and role for each area. The Guiding Principles provide specific strategies for achieving the vision. STATION AREA PLAN: NOVEMBER 2017VIII DRAFT CEDAR AVENUE TRANSITWAY 2-27 DRAFT Figure 2.12 CeDAr grOVe STAT iON STreeTSCAPe eNHANCeMeNTS FUTURE RE-DEVELOPMENT SITE CURB EXTENSION CURB EXTENSION FUTURE MULTI-USETRAIL CEDAR GROVETRANSIT STATION SKYWAY BRIDGE BUS DROP-OFF NICOLS ROADCEDAR AVE E A G A N O U T L E T S P A RKW AY77 C EDAR GROVE PARKW AYA W W KEY MULTI-USE TRAIL CONCRETE / SIDEWALK PEDESTRIAN-SCALED LIGHTS CURB RAMP PUBLIC ART WAYFINDING HAWK SIGNAL A W STATION AREA PLANS The Station Area Plans outline a range of future station area investments intended to improve mobility to and from each station, enhance the transit user experience, and facilitate transit supportive redevelopment near each station. The following is a brief summary of station area recommendations: ROADWAYS »Incorporate roadway improvements that enhance access to transit facilities and promote walkable neighborhoods. »Consider traffic calming measures like curb extensions. »Promote “complete streets” in each station area. PEDESTRIAN CONNECTIONS »Enhance pedestrian connections to and from each transit station and surrounding destinations. »Complete gaps in existing sidewalks and trails within a ½ mile of each transit station. »Provide on-street pedestrian facilities on key routes where off-street facilities are not feasible. »Improve pedestrian roadway crossings at key intersections. »Provide streetscape enhancements such as street trees, landscaping, pedestrian-scaled lighting, and site furnishings. »Consider grade separated crossings of Cedar Avenue and Highway 13 to better connect the stations to regional trail systems. FIGURE I.2 CEDAR GROVE STATION STREETSCAPE ENHANCEMENTS Street trees High-visibility crosswalk Wayfinding Curb extension Public art CEDAR AVENUE TRANSITWAY Ix DRAFT POTENTIAL GRADE SEPARATED CROSSING A A WW W W W W W WW W W W W W OVERLOOKMULTI-USE PATH: LONG-TERM ON-STREET FACILITY (FRONTAGE RD) ON-STREET FACILITY UTILITY COORDINATION REQUIRED TO MINNESOTA RIVER VALLEY TRAILS TRAFFICCALMING SEE CARNELIAN LANE SECTION SEE NICOLS ROADSECTION ¾¿Cedar AvenueNicols RoadRahn RoadDiffley Road High way 13 LEGEND Proposed Station Area Improvements ° 800 0 800400Feet8000800400Feet ¾¿METRO Red Line Station METRO Red Line Route 1/2 mile Station Area Pedestrian Connection Multi-Use Trail Connection Streetscape Enhancement New Roadway Grade-Separated Crossing Enhanced Pedestrian Crossing Potential Opportunity Site Bridge Improvement Wayfinding Signage Bicycle Connection On-Street Bike/Ped Connection Existing Features Existing Sidewalk Existing Multi-Use Trail Existing Interior Sidewalk Network W Existing Local Bus Stop (MVTA) Existing School/Civic Institution Existing Park/Open Space Existing Water/Wetland Existing Ped X-ing Signage/Signal Existing All-Way Stop Intersection Existing Signalized Intersection Public Art A FIGURE I.3 CEDAR GROVE STATION AREA IMPROVEMENTS STATION AREA PLAN: NOVEMBER 2017x DRAFT BICYCLE CONNECTIONS »Enhance bicycle connections to and from each transit station and surrounding destinations. »Complete gaps in existing trails within 3 miles of each station area. »Provide on-street marked bicycle lanes (or sharrows) along key routes to supplement the off-street bike trail system. »Provide visible, convenient and accessible bike parking and lockers at the transit stations. »Provide bike pumping and repair stations at the transit stations. TRANSIT CONNECTIONS »Provide seating and paved waiting areas for transit users at all bus stops in the station areas. »Provide seating and shelters at high use bus stops within the station areas. »Provide bus schedule and transfer information at high use bus stops in the station areas. »Provide adequate lighting for safety at and near the Cedar Grove Transit Station and at other high use bus stops in the station areas. »Plan for and accommodate kiss-and-ride drop-off and pickup facilities at each station area. WAYFINDING AND SIGNAGE »Design and install a cohesive and contextual wayfinding and signage system near each transit station. »Provide wayfinding at key destinations and trailheads located near each transit station. CEDAR AVENUE TRANSITWAY 3-27 DRAFT Figure 3.12 CLiFF rOAD SOuTHBOuND STATiON STreeTSCAPe eNHANCeMeNTS MVTA BUS STOP KWIKTRIPSUPERAMERICA CINNAMON RIDGE APARTMENTS CLIFF ROAD PROPOSEDCLIFF ROADSOUTHBOUND STATION SLATER ROADON-RAMPOFF-RAMPKEY MULTI-USE TRAIL CONCRETE / SIDEWALK PEDESTRIAN-SCALED LIGHTS CURB RAMP PUBLIC ART WAYFINDING SIGNAL A W FIGURE I.4 CLIFF ROAD SOUTHBOUND STATION STREETSCAPE ENHANCEMENTS On-street bike lane Bike connections Bicycle racks Pedestrian connections Pedestrian-scale lighting Multi-use trail CEDAR AVENUE TRANSITWAY xI DRAFT 77 §¨¦35E CLIFF RD CEDAR AVECEDAR AVEBURNSVILLEEAGANBURNSVILLEEAGANCinnamon Ridge Park WWW W W WW W ¾ ¾ ¿ ¿BOARDWALKCONNECTIONLONG-TERMLONG-TERMLONG-TERM OPPORTUNITY SITE SEE CLIFF ROADSECTION SEE NICOLS ROAD SECTION SEE SLATER ROADSECTION SEE CLIFF ROADBRIDGE SECTION LONG-TERMFUTURE POTENTIAL GRADE SEPARATED CROSSING LONG-TERMLONG-TERMON FRONTAGE ROADA A T BERKSHIREDRCLIFFLAKERDCLIFF RD RAMPCLIFF DR JANEC HO T R L SAFARI TRLJANECHOTRLCLIFF RDCLIFF RD OAK WAYSHALE LN C IN N A M ONRID G E T R LSLATERRDR A V O U X C T CLARKCTVILLA PKWYCLIFF RD E S L A T E R R D S A FARIHEI S L A T E R R D SLA T E RRD GRANT ALCOVE AKE CT S E L K I R K D R R E D O A K C IR S FREMONTALCOVERAHNCLIFF RDCLIFF RDRAMPDIAMONCLIFFHILL LN CLARK ST PIN OAK DR JAMES ST INTERSTATE 35ENANCY CIR CINNAMON RIDGE TRL WARRICKCT C O P P E R LN WOODHILLCT CEDAR LN B ERKSHIRECTWYND E M E R E LN SLA T ERCT HILLSCIRCINNA M O N RIDGE T R L SANDSTONEDRKENTWOOD CT WESTWOOD LN SELKIRK D RSELKIRK AVENICOLS P THIGH MAHOGANY WAY PE R R O T L N M C L E O D ST O N YX DRCOVINGTON LN PE R R OTLN TRAVELERSTRL KINGS RDRAVOUXAVEHIGHERIN LNLEWVIENNA LNCEDAR RIDGE CIR JAMES ST G A L TI ERDRREDOAKCTNHITTNERPTRAHN WAY INTERSTATE 35EKEAT I N G C T JAMES CTINTERSTATE35ESBRAMPBURROAKSTCEDARAVERAMPVIBURNUM TRL INTERSTATE 35E NB RAMPLN TE35ESBRAMPCLIFFRDRAMPCEDARAVENBRAMPC E D A R A V E S B RAMP CEDAR AV E N B R A M P ES B RAMPCINNAMON RID GE TRLCEDARAVECEDAR AVESLATER RDS LATE R R D SCOTT TRLSCOTT TRL CARTIERAVESCEDARAVECEDAR AVEPARKC E N TER DR NICOLS RDNICOLS RDR A H N RDRAHN RDWI L DWOODST RL BEAR PATHTRLBEAVERDAM RDOVERLAN D CIR WHISPERING TRLGALTIER DRGALTIERDR F OUR S E A S O N S D R OO ERIN DR ERIN DRWHITEOAKCTO NYXPTRED O AK CIRN METCALF DRMETCALF DRVILLA DRVILLAD R COPPERPTOAKCLIFFDRR E D O AKCIRNCLIFFVIEW DRCLIFFVIEWDR RAHNCLIFF CT RAHNCLIFF C TMEDARE D O A KCT S VESBRAM PCliff RoadCedar AvenueNicols RoadRahn Elementary School River Hills Park South River Hills Park Lake Park River Hills Park Kettle ParkRed OakPark Rahn Park Slater Acres Park LEGEND Proposed Station Area Improvements ° 800 0 800400Feet8000800400Feet ¾¿METRO Red Line Station METRO Red Line Route 1/2 mile Station Area Pedestrian Connection Multi-Use Trail Connection Streetscape Enhancement New Roadway Grade-Separated Crossing Enhanced Pedestrian Crossing Potential Opportunity Site Bridge Improvement Wayfinding Signage Bicycle Connection On-Street Bike/Ped Connection Existing Features Existing Sidewalk Existing Multi-Use Trail Existing Interior Sidewalk Network W Existing Local Bus Stop (MVTA) Existing School/Civic Institution Existing Park/Open Space Existing Water/Wetland Existing Ped X-ing Signage/Signal Existing All-Way Stop Intersection Existing Signalized Intersection Public Art A FIGURE I.5 CLIFF ROAD STATION AREA IMPROVEMENTSBike connections STATION AREA PLAN: NOVEMBER 2017xII DRAFT PUBLIC REALM »Support pedestrians through the introduction of sidewalks on streets within the station area where feasible, enhanced pedestrian crossings, ADA compliant ramps for people in wheel chairs or other mobility devices. »Enhance the station areas with public plazas, landscaping, pedestrian-scaled lighting, site furnishings and public art elements. »Initiate streetscape improvements (street trees, pedestrian-scaled lighting, and site furnishings) in each station area. BUILT FORM AND LAND USE »Redevelop vacant, underutilized and/or aging retail and office sites with transit supportive uses, including high density residential, mixed-use, office, retail, and civic uses. »Design new buildings to enhance pedestrian access by incorporating active ground level uses, and orienting them toward streets and public spaces. »Locate parking behind the primary building. »Design new buildings to be compatible in scale and character with surrounding context. CEDAR AVENUE TRANSITWAY 3-31 DRAFT Figure 3.15 CLiFF rOAD NOrTHBOuND STATiON STreeTSCAPe A W W NEW HORIZONSDAYCARE HOLIDAY STATION BOARDWALKTRAIL MVTA BUS STOP MCDONALD’S WENDY’S RESTAURANT CLIFF ROAD OFF-RAMPON-RAMP PROPOSEDCLIFF ROADNORTHBOUND STATION KEY MULTI-USE TRAIL CONCRETE / SIDE-WALK PEDESTRIAN-SCALED LIGHTS CURB RAMP PUBLIC ART WAYFINDING SIGNAL A W FIGURE I.6 CLIFF ROAD NORTHBOUND STATION STREETSCAPE ENHANCEMENTS New development at the street Tree-lined boulevards Areas for waiting and gathering CEDAR AVENUE TRANSITWAY xIII DRAFT New development at the street Tree-lined boulevards FIGURE I.7 EXISTING AND PROPOSED SECTION AT SLATER ROAD EXISTING RESIDENTIAL EXISTING RESIDENTIAL EXISTINGSIDEWALK EXISTING COMMERCIAL OFFICE EXISTING COMMERCIAL OFFICE POTENTIAL NEW SIDEWALKEXISTINGSIDEWALK ON-STREETBIKE LANE ON-STREETBIKE LANE STREETSCAPE ENHANCEMENT 6’ 6’ 8’ 8’ 12’ 12’ 12’ 12’ 8’ 8’ 6’ EXISTING SLATER ROAD PROPOSED SLATER ROAD STATION AREA PLAN: NOVEMBER 2017xIV DRAFT IMPLEMENTATION Implementation of future public improvements and private development opportunities identified for each station area is likely to occur over many years, depending on demand and need, available funding sources, and market conditions. The public sector is expected to play a primary role implementing physical improvements and policy and regulatory initiatives. The private sector is expected to lead the way in the development and redevelopment of transit-oriented uses near the stations. Implementation of public infrastructure and policies that support transit-oriented development may play a key role in catalyzing development interest near the transit stations. The Plan addresses potential phasing of the recommended actions outlined for each station area, identifies policy and regulatory initiatives intended to support the vision and guiding principles for each station area, and discusses potential strategies to fund the implementation of station area improvements. It is anticipated that the City of Eagan and Dakota County comprehensive plans and zoning ordinances will be updated to incorporate the recommendations provided in this document. TABLE I.1 CEDAR GROVE STATION AREA PUBLIC IMPROVEMENTS Roadways A Curb extensions at the corners of Nicols Road/Cedar Grove Parkway and Nicols Road/Eagan Outlets Parkway X $225,000 City of Eagan B Complete gaps in the multi-use trail along Diffley Road X $231,000 Dakota County C Connect the multi-use trail along Rahn Road to the trails located in Bridgeview Park X $82,500 City of Eagan D Provide a new multi-use trail from the Cedar Grove Transit Station along the west and north side of Cedarvale Boulevard to the intersection with Rahn Road X $143,000 City of Eagan E Provide a grade-separated trail connection from the proposed Cedarvale Road trail under or over Highway 13 X $2,000,000 MnDOT Pedestrian and Bicycle Connections F Provide a multi-use trail connection from the existing trail along Silver Bell Road to the existing trails located in the Minnesota Valley National Wildlife Refuge. X $357,500 City of Eagan G Provide multi-use trail connections from Diffley Road (west of Cedar Avenue) along Old Sibley Highway, Creekside Court, and Running Brook Road X $192,500 City of Eagan H Provide an off-street sidewalk or an on-street/ marked pedestrian lane along Carnelian Lane, from Rahn Road to Nicols Road. X $13,500 - $216,000 City of Eagan I Provide a new sidewalk along the east side of Fenway Road, between Cedar Grove Parkway and Eagan Outlets Parkway.X $32,000 City of Eagan J Provide new sidewalks along the west side of Cedarvale Drive, between Cedar Grove Parkway and Eagan Outlets Parkway, and along the north side of Cedar Grove Parkway, between Cedarvale Drive and Nicols Road. X $80,000 City of Eagan K Improve pedestrian roadway crossings at key intersections in the station area, and along existing trails in the station area. X $10,000 - $50,000 City of Eagan and Dakota County L Provide streetscape enhancements along Nicols Road, Cedar Grove Parkway, Cedarvale Boulevard, and Eagan Outlets Parkway. X $930,000 City of Eagan M Provide streetscape enhancements along Rahn Road X $380,000 City of Eagan N Provide on-street marked bicycle lanes (or sharrows) along Carnelian Lane, from Rahn Road to Nicols Road, and along Diamond Drive, from Cedar Pond Park to Carnelian Lane X $21,500 City of Eagan O Provide visible, convenient and accessible bike parking and lockers at the Cedar Grove Transit Station. X $10,000 MVTA/Metro Transit P Provide bike pumping and repair station at the Cedar Grove Transit Station X $1,500 MVTA/Metro Transit Transit Q Provide seating and paved waiting areas for transit users at all bus stops in the station area.X $36,000 MVTA/Metro Transit Connections R Provide seating and shelters at high use bus stops within the station area.X $90,000 MVTA/Metro Transit S Provide bus schedule and transfer information at high use bus stops in the station area.X $15,000 MVTA/Metro Transit T Provide adequate lighting for safety at and near the Cedar Grove Transit Station and at other high use bus stops in the station area.X TBD MVTA/Metro Transit Park-and-Ride U Develop park-and-ride ramp when demand warrants a need for additional parking at the Cedar Grove Transit Station X TBD MVTA/Metro Transit Kiss-and-Ride V Provide wayfinding for kiss-and-ride service X $60,000 MVTA/Metro Transit Wayfinding W Design and install a cohesive and contextual wayfinding and signage system near the transit station and within the station area X $120,000 City of Eagan X Provide wayfinding at the trailheads located in the Minnesota River Valley X $20,000 Dakota County Public Spaces Y Enhance the existing public plaza at the transit station with landscaping and site furnishings X $50,000 MVTA/Metro Transit Public Art Z Integrate public art within the existing transit station area X $50,000 MVTA/Metro Transit Cedar Grove Station Lead AgencyEstimated Cost Long Term (10+ years) Near Term (0-10 years)Public ImprovementsTag CEDAR AVENUE TRANSITWAY xV DRAFT FIGURE I.8 CEDAR GROVE NEAR-TERM IMPROVEMENTS Y Z A B BB C DE F X G H I J M M N N OP TU V V V V VW W W W W W W WWW Q Q R R RS S S Q Q Q Q K K K K K L L L L K K K K K DRAFT TABLE I.2 CLIFF ROAD STATION AREA PUBLIC IMPROVEMENTS Roadways A If and when redevelopment of large parcels located along the south side of Cliff Road and east of Cedar Avenue occurs, incorporate smaller block patterns and new streets that support existing road patterns in the neighborhood and promote a walkable environment X $1,950,000 City of Eagan B Complete gaps in the multi-use trail along Nicols Road, south of Cliff Road X $88,000 City of Eagan C Upgrade the sidewalk along the north side of Cliff Road from a sidewalk to a multi-use trail, wide enough to accommodate pedestrians and bicyclists X $132,000 Dakota County D Extend the trail along the north side of Cliff Road into Burnsville. This will require the undergrounding of existing utility lines along the north side of Cliff Road X $88,000 Dakota County E Provide a raised multi-use trail along the south side of the existing Cliff Road Bridge over Cedar Avenue X $49,500 MnDOT Pedestrian and Bicycle Connections F Provide a multi-use trail along Slater Road, from Cliff Road north to Cinnamon Ridge Park X $126,500 City of Eagan G Provide multi-use trails in the northeast quadrant of the Cedar Avenue/Cliff Road interchange X $93,500 City of Eagan H Connect Nicols Road to Kettle Park with a new multi-use trail along Pin Oak Drive X $99,000 City of Eagan I Incorporate future multi-use trails and sidewalks associated with any redevelopment activity in the large parcels located south of Cliff Road and east of Cedar Avenue X $195,000 City of Eagan J Provide multi-use trail connections between Nicols Road and Rahn Park X $22,000 City of Eagan K Upgrade the existing sidewalk along Cliff Lake Road to a multi-use trail from Cliff Road north to Rahn Road X $88,000 Dakota County L Provide a grade separated crossing of Cedar Avenue and a multi-use trail connection between Rahn Park (east of Cedar Avenue) and River Hills Park (west of Cedar Avenue). X $2,000,000 MnDOT M Provide a new sidewalk along the west side of Nicols Road, from Nicols Point (south of Cliff Road) to Diffley Road. X $504,000 City of Eagan N Provide a new sidewalk along the east side of Slater Road from Cliff Road south to Slater Acres Park X $200,000 City of Eagan O Provide an off-street sidewalk or an on-street/ marked pedestrian lane along Cliffview Drive and Scott Trail to serve pedestrian access to the neighborhood located north of Cliff Road and east of Nicols Road. X $22,500 - $360,000 City of Eagan P Provide an on-street pedestrian lane along Cinnamon Ridge Trail from Slater Road south to Cliff Road.X $6,500 City of Eagan Q Provide an on-street pedestrian lane along Erin Drive X $4,000 City of Eagan R Improve pedestrian roadway crossings at key intersections in the station area, and along existing trails in the station area. X $0 City of Eagan and Dakota County S Provide streetscape enhancements along Cliff Road and Nicols Road X $1,150,000 City of Eagan and Dakota County T Provide streetscape enhancements along Rahn Road X $180,000 City of Eagan U Provide on-street bike lanes on Slater Road, south of Cliff Road.X $12,500 City of Eagan V Provide on-street bike lanes along Cliffview Drive and Scott Trail.X $22,500 City of Eagan W Provide on-street bike lanes along River Hills Drive X $24,000 City of Eagan X Provide visible, convenient and accessible bike parking near the proposed Cliff Road Transit Stations X $4,000 MVTA/Metro Transit Transit Y Provide seating and paved waiting areas for transit users at all bus stops in the station area.X $3,000 MVTA/Metro Transit Connections Z Provide seating and shelters at high use bus stops within the station area.X $180,000 MVTA/Metro Transit AA Provide bus schedule and transfer information at high use bus stops in the station area.X $30,000 MVTA/Metro Transit BB Provide adequate lighting for safety at and near the Cliff Road Transit Stations and at other high use bus stops in the station area.X $50,000 MVTA/Metro Transit Kiss-and-Ride CC Explore kiss-and-ride drop-off and pick-up opportunities with existing businesses located adjacent to the proposed Cliff Road transit stations. X TBD MVTA/Metro Transit DD Provide wayfinding signage near the Cliff Road transit stations to direct kiss and ride transit users to the Cedar Grove Transit Station.$30,000 MVTA/Metro Transit Wayfinding EE Design and install a cohesive and contextual wayfinding and signage system near the transit station and within the station area X $60,000 City of Eagan Public Spaces FF Provide public plazas at the proposed Cliff Road Transit Stations with landscaping and site furnishings X $100,000 MVTA/Metro Transit Public Art GG Integrate public art near the proposed transit stations X $50,000 MVTA/Metro Transit Lead AgencyCliff Road Stations Tag Public Improvements Near Term (0-10 years) Long Term (10+ years) Estimated Cost Roadways A If and when redevelopment of large parcels located along the south side of Cliff Road and east of Cedar Avenue occurs, incorporate smaller block patterns and new streets that support existing road patterns in the neighborhood and promote a walkable environment X $1,950,000 B Complete gaps in the multi-use trail along Nicols Road, south of Cliff Road X $88,000 C Upgrade the sidewalk along the north side of Cliff Road from a sidewalk to a multi-use trail, wide enough to accommodate pedestrians and bicyclists X $132,000 D Extend the trail along the north side of Cliff Road into Burnsville. This will require the undergrounding of existing utility lines along the north side of Cliff Road X $88,000 E Provide a raised multi-use trail along the south side of the existing Cliff Road Bridge over Cedar Avenue X $49,500 Pedestrian and Bicycle Connections F Provide a multi-use trail along Slater Road, from Cliff Road north to Cinnamon Ridge Park X $126,500 G Provide multi-use trails in the northeast quadrant of the Cedar Avenue/Cliff Road interchange X $93,500 H Connect Nicols Road to Kettle Park with a new multi-use trail along Pin Oak Drive X $99,000 I Incorporate future multi-use trails and sidewalks associated with any redevelopment activity in the large parcels located south of Cliff Road and east of Cedar Avenue X $195,000 J Provide multi-use trail connections between Nicols Road and Rahn Park X $22,000 K Upgrade the existing sidewalk along Cliff Lake Road to a multi-use trail from Cliff Road north to Rahn Road X $88,000 L Provide a grade separated crossing of Cedar Avenue and a multi-use trail connection between Rahn Park (east of Cedar Avenue) and River Hills Park (west of Cedar Avenue). X $2,000,000 M Provide a new sidewalk along the west side of Nicols Road, from Nicols Point (south of Cliff Road) to Diffley Road. X $504,000 N Provide a new sidewalk along the east side of Slater Road from Cliff Road south to Slater Acres Park X $200,000 O Provide an off-street sidewalk or an on-street/ marked pedestrian lane along Cliffview Drive and Scott Trail to serve pedestrian access to the neighborhood located north of Cliff Road and east of Nicols Road. X $22,500 - $360,000 P Provide an on-street pedestrian lane along Cinnamon Ridge Trail from Slater Road south to Cliff Road.X $6,500 Q Provide an on-street pedestrian lane along Erin Drive X $4,000 R Improve pedestrian roadway crossings at key intersections in the station area, and along existing trails in the station area. X $0 S Provide streetscape enhancements along Cliff Road and Nicols Road X $1,150,000 T Provide streetscape enhancements along Rahn Road X $180,000 U Provide on-street bike lanes on Slater Road, south of Cliff Road.X $12,500 V Provide on-street bike lanes along Cliffview Drive and Scott Trail.X $22,500 W Provide on-street bike lanes along River Hills Drive X $24,000 X Provide visible, convenient and accessible bike parking near the proposed Cliff Road Transit Stations X $4,000 Transit Y Provide seating and paved waiting areas for transit users at all bus stops in the station area.X $3,000 Connections Z Provide seating and shelters at high use bus stops within the station area.X $180,000 AA Provide bus schedule and transfer information at high use bus stops in the station area.X $30,000 BB Provide adequate lighting for safety at and near the Cliff Road Transit Stations and at other high use bus stops in the station area.X $50,000 Kiss and Ride CC Explore kiss and ride drop-off and pick-up opportunities with existing businesses located adjacent to the proposed Cliff Road transit stations. X TBD DD Provide wayfinding signage near the Cliff Road transit stations to direct kiss and ride transit users to the Cedar Grove Transit Station.$30,000 Wayfinding EE Design and install a cohesive and contextual wayfinding and signage system near the transit station and within the station area X $60,000 Public Spaces FF Provide public plazas at the proposed Cliff Road Transit Stations with landscaping and site furnishings X $100,000 Public Art GG Integrate public art near the proposed transit stations X $50,000 Lead AgencyCliff Road Stations Tag Public Improvements Near Term (0-10 years) Long Term (10+ years) Estimated Cost Roadways A If and when redevelopment of large parcels located along the south side of Cliff Road and east of Cedar Avenue occurs, incorporate smaller block patterns and new streets that support existing road patterns in the neighborhood and promote a walkable environment X $1,950,000 City of EaganBComplete gaps in the multi-use trail along Nicols Road, south of Cliff Road X $88,000 City of EaganCUpgrade the sidewalk along the north side of Cliff Road from a sidewalk to a multi-use trail, wide enough to accommodate pedestrians and bicyclists X $132,000 Dakota CountyDExtend the trail along the north side of Cliff Road into Burnsville. This will require the undergrounding of existing utility lines along the north side of Cliff Road X $88,000 Dakota CountyEProvide a raised multi-use trail along the south side of the existing Cliff Road Bridge over Cedar Avenue X $49,500 MnDOTPedestrian and Bicycle Connections F Provide a multi-use trail along Slater Road, from Cliff Road north to Cinnamon Ridge Park X $126,500 City of EaganGProvide multi-use trails in the northeast quadrant of the Cedar Avenue/Cliff Road interchange X $93,500 City of EaganHConnect Nicols Road to Kettle Park with a new multi-use trail along Pin Oak Drive X $99,000 City of EaganIIncorporate future multi-use trails and sidewalks associated with any redevelopment activity in the large parcels located south of Cliff Road and east of Cedar Avenue X $195,000 City of EaganJProvide multi-use trail connections between Nicols Road and Rahn Park X $22,000 City of EaganKUpgrade the existing sidewalk along Cliff Lake Road to a multi-use trail from Cliff Road north to Rahn Road X $88,000 Dakota CountyLProvide a grade separated crossing of Cedar Avenue and a multi-use trail connection between Rahn Park (east of Cedar Avenue) and River Hills Park (west of Cedar Avenue).X $2,000,000 MnDOTMProvide a new sidewalk along the west side of Nicols Road, from Nicols Point (south of Cliff Road) to Diffley Road. X $504,000 City of EaganNProvide a new sidewalk along the east side of Slater Road from Cliff Road south to Slater Acres Park X $200,000 City of EaganOProvide an off-street sidewalk or an on-street/ marked pedestrian lane along Cliffview Drive and Scott Trail to serve pedestrian access to the neighborhood located north of Cliff Road and east of Nicols Road. X $22,500 - $360,000 City of EaganPProvide an on-street pedestrian lane along Cinnamon Ridge Trail from Slater Road south to Cliff Road.X $6,500 City of EaganQProvide an on-street pedestrian lane along Erin Drive X $4,000 City of EaganRImprove pedestrian roadway crossings at key intersections in the station area, and along existing trails in the station area. X $0 City of Eagan and Dakota CountySProvide streetscape enhancements along Cliff Road and Nicols Road X $1,150,000 City of Eagan and Dakota CountyT Provide streetscape enhancements along Rahn Road X $180,000 City of EaganUProvide on-street bike lanes on Slater Road, south of Cliff Road.X $12,500 City of Eagan V Provide on-street bike lanes along Cliffview Drive and Scott Trail.X $22,500 City of Eagan W Provide on-street bike lanes along River Hills Drive X $24,000 City of Eagan X Provide visible, convenient and accessible bike parking near the proposed Cliff Road Transit Stations X $4,000 MVTA/Metro Transit Transit Y Provide seating and paved waiting areas for transit users at all bus stops in the station area.X $3,000 MVTA/Metro Transit Connections Z Provide seating and shelters at high use bus stops within the station area.X $180,000 MVTA/Metro Transit AA Provide bus schedule and transfer information at high use bus stops in the station area.X $30,000 MVTA/Metro Transit BB Provide adequate lighting for safety at and near the Cliff Road Transit Stations and at other high use bus stops in the station area.X $50,000 MVTA/Metro Transit Kiss-and-Ride CC Explore kiss-and-ride drop-off and pick-up opportunities with existing businesses located adjacent to the proposed Cliff Road transit stations. X TBD MVTA/Metro Transit DD Provide wayfinding signage near the Cliff Road transit stations to direct kiss and ride transit users to the Cedar Grove Transit Station.$30,000 MVTA/Metro Transit Wayfinding EE Design and install a cohesive and contextual wayfinding and signage system near the transit station and within the station area X $60,000 City of Eagan Public Spaces FF Provide public plazas at the proposed Cliff Road Transit Stations with landscaping and site furnishings X $100,000 MVTA/Metro Transit Public Art GG Integrate public art near the proposed transit stations X $50,000 MVTA/Metro Transit Lead AgencyCliff Road Stations Tag Public Improvements Near Term (0-10 years)Long Term (10+ years)Estimated Cost STATION AREA PLAN: NOVEMBER 2017xVI DRAFT FIGURE I.9 CLIFF ROAD STATION AREA NEAR-TERM IMPROVEMENTS A BBBCD E F G H I J Z K L M N OP Q R RRRRR S S S S S S T U V W X X Y Y Y Z ZY Y AA AA AA BB CC CC DD DD DD EE EE EEEE EE FF GG GG GG FF Y CEDAR AVENUE TRANSITWAY xVII HOISINGTON KOEGLER GROUP Agenda Information Memo November 6, 2017 Eagan City Council Meeting Y. Approve the Purchase of Commission Tablets and the Related Budget Adjustment Action To Be Considered: To approve the purchase of tablets for the Advisory Planning Commission meetings for $9,700 and make the related budget adjustments in the General Fund. Facts: The 2017 work plan outlined the purchasing of tablets and using electronic means to provide packet information to the Advisory Planning Commission. Tablets will be purchased for the Advisory Planning Commission members and staff to participate and conduct the meeting. Funds for the purchase will come from Building permit revenue that is above the original budget amount. The 2017 budget amendment for $9,700 will be made to the Community Development – Planning Budget (0800.6670) and to the corresponding building permit revenue account (0800.4085). Attachments: (0) Agenda Information Memo November 6, 2017, Eagan City Council Meeting CONSENT AGENDA Z. Approve Final Planned Development – Prime Therapeutics Actions To Be Considered: To approve a Final Planned Development for development of a 5-story 410,000 sf office building upon approximately 34 acres located at 2900 Ames Crossing Road. Required Vote For Approval: Majority of Councilmembers present Facts: The Amendment to this Planned Development was approved April 4, 2017, and a PD Amendment Agreement subsequently executed. The final development plans have been reviewed by staff and are consistent with the preliminary approvals. All documents and agreements are anticipated to be in order for execution at the City Council meeting on June 3, 2014. Issues: None Attachments: (2) CZ-1 Location Map CZ-2 Final PD Agreement B LU E G E N T I A N RD BORCHERTLN JOYCE CTCHAPEL LANE RITA CT RANDOMRDCIRCLE SALLY WREN LNROLL LN.CHAPEL LANE ROLLING HILLS DRLOUIS LANELO N E O A K D R I V ELONEOAKPARKWAYL O N E OAKPARKWAY LONE O A K PA R K W AY HOLIDAY LNHOLIDAY LNCOURTHOU S E L N 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.)MI K E C O LLIN S D R NORTHWEST P A R K W AYWATERS R D S T A T E T R U N K H W Y . N O . 1 4 9 STATETRUNK HWY.NO.55 STATE T R U N K H W Y . N O . 5 5AMES CROSSING RDINVER GROVE HEIGHTSBur Oaks ParkThresherFields Park Park 0 1,000 2,000500Feet ´ Legend Parcels selection Parcels Buildings Parks City Boundary §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Location Map Project Name: Prime Therapeutics Corp. Request: Final Planned Development Case No: 01-FD-07-06-17 Subject SiteSubject Site FINAL PLANNED DEVELOPMENT AGREEMENT LOT 1, BLOCK 1, BOULDER LAKES 3RD 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 Eagan Heights LLC, a Delaware limited liability company (hereinafter “Owner/Developer”). The City, Owner and Developer 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 1, Block 1, Boulder Lakes 3rd Addition (the “Property”); and WHEREAS, the use and development of the Property is governed by a Preliminary Planned Development Agreement dated November 9, 2006, that has been subsequently Amended (the “Development Agreement”); and WHEREAS, the Development Agreement runs with the land until terminated and is binding upon the successors and assigns of the original owner and developer; and WHEREAS, the Developer submitted an application to change the use and site plan from two office/warehouse buildings to one multi-story office building of approximately 410,000 sf (the “Development Proposal”); and WHEREAS, the Development Proposal and plans attached hereto (Exhibits B – F) are found to be in conformance with the Development Agreement, and the Parties hereby acknowledge that this Agreement and the attached exhibits constitute the Final Planned Development for the Property. NOW, THEREFORE, it is hereby agreed to and between the Parties as follows: 1. This Agreement applies only to the Property. 2. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 3. The Owner shall use and develop the Property in conformance with the following plans attached hereto. (A full size copy of these exhibits shall be on file with the City of Eagan Community Development Department.) Exhibit B – Final Site Plan dated April 19, 2017, last revised June 12, 2017 Exhibit C – Final Building Elevations Plan June 12, 2017 Exhibit D – Final Combined Landscape & Mitigation Plan dated June 12, 2017, last revised July 12, 2017 Exhibit E – Final Site Lighting Plan dated June 12, 2017 Exhibit F – Final Signage Plan dated June 1, 2017 4. This Agreement shall run with the land until terminated and shall be binding upon the successors and assigns of the Owner. 5. This Agreement shall expire five years from the date of execution unless prior thereto, the City has issued a Certificate of Occupancy for the improvements to be constructed in accordance with the approved Site Plan (attached as Exhibit B). In the event this Agreement expires, the City may at its sole option, initiate an amendment to its Comprehensive Guide Plan and rezone the Property in accordance with Minnesota statutes and the City Code. In the event the City rezones the Property, this Agreement shall automatically terminate upon the effective date of the rezoning 6. The Owner shall maintain in good repair all lighting, signage, landscaping, building and paved surfaces installed on the Property as part of this Agreement. This Agreement shall not give the City the right to perform repairs, but provides the City with the right to sue for specific performance or an injunction to ensure proper maintenance 7. This Agreement is intended to replace and supersede any and all prior Development Agreements previously covering the Property. 8. This Agreement may be modified, amended or supplemented solely in compliance with City ordinances, rules and regulations. IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the date and year first above written. 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 Clerk acknowledged said instrument to be the free act and deed of said municipality. ___________________________ Notary Public Final Planned Development Agreement Signature Page for the Owner/ Developer EAGAN HEIGHTS LLC a Delaware limited liability company By: UNITED PROPERTIES DEVELOPMENT LLC Its: Manager By: ____________________________ Gordon F. Stofer, III Its: Vice President STATE OF ) ss COUNTY OF ) On this _____ day of ________________, 2017 before me a Notary Public within and for said County personally appeared Gordon F. Stofer, III, the Vice President of United Properties Development LLC, a Minnesota limited liability company and Manager of EAGAN HEIGHTS LLC, a Delaware limited liability company, the limited liability company named in the foregoing instrument, 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) 206-34615 1. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office prior to issuance of a building permit. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. Parking stalls shall not be less than 9 feet in width and 18 feet in depth. (Satisfied as shown on Site Plan) 3. The existing easement between Lots 1 and 2, Block 1, Boulder Lakes shall be terminated prior to full occupancy of the new building on Lot 1, Block 1, Boulder Lakes 3rd Addn. 4. All building signage shall be subject to City Code standards for Research & Development zoning, and a Sign Permit obtained prior to installation of any signs. 5. Two freestanding monument signs shall be allowed as shown on the approved Site Plan. All monument signs are subject to City Code design and setback standards. A Sign Permit shall be obtained prior to installation of any signs. 6. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 7. The two screening enclosures shall be designed of materials to match the principal building and fully screen both the trash and ground mechanical areas. 8. Compliance with placement of equipment and screening standards for both rooftop units and ground service and mechanical areas shall be shown on the plans and demonstrated at the time of Building Permit. 9. If adjustments to the site lighting can be made to improve illumination at the outer edges of the supplemental parking on the southerly lot, and reduce the average to minimum ratio to below 4.0:1.0, such modifications shall be reflected in a revised Final Site Lighting Plan at the time of Final Planned Development. 10. Seeded areas planted with trees shall either be irrigated or the applicant shall work with City staff to identify appropriate trees well-suited to those planting conditions. 11. A revised Final Landscape and Combined Planting Plan shall be provided at the time of Final Planned Development that includes planting specifications and notes regarding soil preparation and other details. 12. The Landscape and Tree Mitigation Plans shall be revised to designate as landscaping some of the plantings currently identified as mitigation along the east edge of the property, north side of Shanahan Way, and along the sidewalk between the building and Ames Crossing Road. (Satisfied) 13. The applicant shall fulfill tree mitigation requirements through the installation of one-hundred fifty-nine (159) Category B trees, or a cash amount of $47,700.00. This required Tree Mitigation Plan shall be in addition to any landscape requirement. (Satisfied) 14. The applicant shall submit a revised Tree Mitigation Plan at the time of Final Planned Development providing fulfillment of the mitigation requirement, for staff review and approval, either in the form of trees installed, cash, or a combination of each. 15. The applicant shall ensure the survival of preserved trees via protection of the tree’s critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. (Previously satisfied at time of Grading Permit) 16. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. (Previously satisfied at time of Grading Permit) 17. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 18. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations at the time of Building Permit. 19. 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. In addition, 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. 20. 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 new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 21. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed sub-surface infiltration chamber galleries for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration system cross-section(s), acceptable non-limestone rock base/backfill material and depth, limits of bottom fabric, etc. to ensure infiltration/filtration practice is properly designed, constructed, and adequately protected during / after construction to prevent clogging, and able to be properly maintained 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, Details, etc.). 22. The applicant shall provide adequately sized pre-treatment (e.g. 4’ minimum sump depth with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. sub-surface infiltration chamber galleries) 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). 23. During sub-surface infiltration chamber gallery 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 0.5-inch per hour or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than 0.5-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 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). 24. 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, sod, permanent seeding or plant materials, 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.). 25. 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. (Satisfied) 26. 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 (sumps, sub-surface infiltration chamber galleries, etc.) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. 27. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 28. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide such a plan for review and approval by City staff. This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans prior to the issuance of a Building Permit. 29. Public trail easement shall be provided over the existing trail along the north edge of the property extending to the east property line, for possible extension and connection of this trail to the future regional Greenway trail within Inver Grove Heights. 30. The applicant shall provide a cross parking easement/declaration between the two parcels in a form acceptable to the City Attorney, the agreement shall contain a provision that it cannot be terminated without approval from the City. (Satisifed) Agenda Information Memo November 6, 2017 Eagan City Council Meeting CONSENT AGENDA AA. Contract 16-22, Vikings Parkway Street Improvements Change Order No. 1 Action To Be Considered: Approve Change Order No. 1 for Contract 16-22 (Vikings Parkway - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: Contract 16-22 provides for the installation of public street and utility improvements as part of the construction of Vikings Parkway through the Viking Lakes development, as identified in the amended feasibility report for Project 1225. On March 7, 2017, the contract was awarded to Frattalone Companies, Inc. for the base bid in the amount of $3,211,025.03. The proposed revision as part of Change Order No. 1 is: o Completion date extension. Proposed extension of the contract completion date until December 15, 2017, at the request of the contractor, to allow for the installation of the street lights. The contract’s specifications included a substantial completion date on or before November 15, 2017. There would be no cost change to the contract with the extension of the substantial completion date from November 15 to December 15, 2017. The change order has been reviewed by the Public Works Department (Engineering) and found to be in order for favorable Council action. Attachments (2) CAA-1 Contractor’s Request for Extension CAA-2 Change Order No. 1 November 1, 2017 John Gorder City Engineer City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Re: Vikings Parkway Improvements Contract Extension City Contract No. 16-22 City Project No. 1225 Mr. Gorder, Frattalone Companies is requesting a time extension to the above referenced Contract and Project for the installation and wiring of light fixtures and associated equipment. We propose a completion date of December 15, 2017 for this work. Please contact me with any questions or concerns. Sincerely, Chris Niemand Project Manager Frattalone Companies, Inc 3205 Spruce Street St. Paul, MN 55117 Phone 651.484.0448 Fax 651.484.7839 www.frattalonecompanies.com • Excavating • Grading • Utilities • Demolition • Environmental • Field Services Change Order STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER City/County of City of Eagan Change Order No. 1 Page 1 of 1 FEDERAL PROJECT NO. STATE PROJECT NO. SAP 195-146-003 LOCAL PROJECT NO. 1225 CONTRACT NO. 1 16-22 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Frattafone Companies, Inc. 3205 Spruce Street TOTAL CHANGE- ORDER AMOUNT Little Canada, MN 55117 $10.00 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. Extend the final contract completion date of November 15, 20017 to December 15, 2017 due to several weather and unforeseen private utility delays. COST BREAKDOWN There are no items associated with this Change Order. . Funding category is required for federal projects. CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ [ ] Is Decreased by Worming Day: [ X ] is Increased by 30 Calendar Days c. [ [ ] Is Decreased by Calendar Days Is Not Changed May be revised if work affected the controlling operation Approved By Project Engineer.. John Gorder Approved By Contractor: Frattal❑ne Companies, Inc - Signed Signed Date: Phone: (651) 675-5646 Date: Phone: (651) 484-0448 Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This project is eligible for: District State Aid Engineer: Federal Funding State Aid Funding Local funds Date: 11/1/2017 CONTRACT STATUS Original Contract: Change Order: TIMEICOMPLETION DA".rE November 15, 2017 December 15,2017 Subtotal of Previous Change Orders: This Change, Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or [Decrease for Total or All Change Orders to Original Contract Amount: RECOMMENDED FOR APPROVAL: By:Jj :5�7 !11117 Project Manager City Departmen Manager City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1- City 2 - Contractor 1- Engineer G:CHANGE ORDERS/Change Order Form M Date: AMOUNT _ 3,211,025.03 $3,211,025.03 0 % 51 $ 0.00 $ 0.00 $ 0.00 $ $3,211,025.03 Contractor Agenda Information Memo November 6, 2017 Eagan City Council Meeting PUBLIC HEARING A. Lot 1, Block 1 Eagan Place 4th Addition Easement Vacation Action To Be Considered: Close the public hearing and continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 1 Eagan Place 4th Addition. Facts: On September 20, 2017, City staff received a petition from Rob Loftus, Property Manager of Lot 1, Block 1 Eagan Place 4th Addition, requesting the vacation of portions of existing drainage and utility and sidewalk, trailway and snow storage easements near the south property line of the medical-office building at 1215 Town Center Drive, in central Eagan. The easements were dedicated with the original plat and as a separate document, at no cost to the City. The purpose of the request is to grant MSP/Eagan Place, LLC an easement vacation to place a new monument sign slightly closer to Town Centre Drive for improved site lines for visiting patients/customers. The remainder of the public drainage and utility easement and sidewalk, trailway and snow storage easement on the property will be adequate to address the relevant needs at this location. Notices for a public hearing have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. An objection to the vacation has been received from two private utility companies with services located within a portion of the easement proposed to be vacated. This objection is the responsibility of the property owner to be resolved before final Council action is considered. This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action at a future date, if the objection is resolved by the property owner. Attachments (3) PHA-1 Location Map PHA-2 Legal Description Graphic PHA-3 Objections BLOOMINGTONMENDOTA HEIGHTS HEIGHTSGROVEINVERAPPLE VALLEY ROSEMOUNTUNIONPACIFICRAILROADCO.C.P. R AIL S Y S T E M §¨¦494 §¨¦35E §¨¦35E §¨¦35E $+32 $+32 !(43 !(43 !(28 !(28 $+26 $+26 $+31 $+31 $+31 !(30 !(30 !(30 ÕÇ13 ÕÇ55 ÕÇ55 ÕÇ149 ÕÇ149 ÕÇ149 ÕÇ3 ÕÇ3 ÕÇ7 DODD ROADCliff Road Pilot Knob RoadDiffley Road Map of Proposed Location for Easement Vacation Lot 1, Block 1 Eagan Place 4th Additon E Yankee Doodle Road LOCATION OF PROPOSED EASEMENT VACATION EAGAN PLACE 4th ADDITION 09/27/2017 Fig. 1HWY. 13Lone Oak Road Lexington Avenue Fig. 2 Fig. 2 Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members David M. Osberg City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. October 4, 2017 Re: Notification of Public Hearing to Vacate Public Easements Lot 1, Block 1, Eagan Place 41' Addition The City of Eagan has received a request to vacate the existing drainage and utility and sidewalk, trailway and snow storage easements at 1215 Town Centre Drive for the placement of a new monument sign as shown and described on the attached graphics. A public hearing to address comments or concerns will be held at 6:30 p.m. on November 6, 2017. Please check one of the boxes below, then fill in company name, your name and your title and return a copy of this letter to our office by Wednesday, October 18, 20'17. No interest or concern in this vacation proceeding There is a concern to address it at the public hearing. (Please submit concern in writing along with this notification.) Ccwi le.y May be- ;A ea'- heti. If you have additional questions pertaining to this vacation, please contact me at (651) 675-5636 or tstrid@cityofeagan.com. Thank you for your attention to this matter. Sincerely, Tom Stri Engineering Technician Enclosures: Graphics Ce-r4w-yL;n k CompanyLAgency Name 4111� City of Eagan Mika Maguire Mayor Paul Bakken Cyndee Raids Gary Hansen Meg Tilley Council Members David M. Oeberg City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122.1810 651.675.5000 phone 651.675.5012 fax 651.454.6536 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.6535 TDD www.cityofeagen.com The Lone Oak Tree The symbol of strength and growth In our community. October 4, 2017 Re: Notification of Public Hearing to Vacate Public Easements Lot 1, Block 1, Eagan Place 4th Addition The City of Eagan has received a request to vacate the existing drainage and utility and sidewalk, trallway and snow storage easements at 1215 Town Centre Drive for the placement of a new monument sign as shown and described on the attached graphics. A public hearing to address comments or concerns will be held at 6:30 p.m. on November 6, 2017. Please check one of the boxes below, then fill in company name, your name and your title and return a copy of this letter to our office by Wednesday, October 18, 2017. No interest or concern in this vacation proceeding There is a concern to address it at the public hearing. (Please submit concern in writing along with this notification.) if you have additional questions pertaining to this vacation, please contact me at (651)675-5636ortstfid@cityofeagan.com. Thank you for your attention to this matter. Sincerely, Tom Stria Engineering Technician Enclosures: Graphics Com c - Company/Agency k�1'� I�Q�Ies I Name C�Aiyn /V1c me - Title Reply to Vacation Inquiry Notification of Public Hearing Lot 1, Block 1, Eagan Place 4s' Addition To: Michelle Lutovsky From: Jason Overkamp City of Eagan Comcast phone# 651-675-5639 Phone # (651)493-5304 Fax # Fax # (651)493-5116 Description of public right -of way proposed to be vacated: Please see attached Exhibit A - Map and Legal. This section to be completed ONLY by City Depts. j We have no objections to this vacation ❑ i • We have no objections to the vacation, subject to the conditions stated below • We object to the vacation for the reasons stated below Conditions/Reasons: I t This section to be completed ONLY by Utilities • We do NOT have facilities in the proposed vacated area, and we therefore RELEASE our utility ❑ easement rights, subject to any conditions or exceptions stated below • We do NOT have facilities in the proposed vacated area, but we wish to RETAIN our easement rights, subject to any conditions or exceptions stated below • We DO have facilities in the proposed vacated area, and we therefore RETAIN our easement rights, subject to any conditions or exceptions stated below Conditions/Exceptions: Petitioner would pay all costs in regards to relocating Comcast coax in easement Duty authorized representative: Keith Bennett / Construction Manager Comcast Print Name /,,Title Company Name ,..,.• ;ry � "may:::.:=�_'., _ 10/9/17 Signature Date Agenda Information Memo November 6, 2017 Eagan City Council Meeting PUBLIC HEARING B. Lot 1, Block 1 Schindeldecker 4th Addition / Outlot D, Galaxie Cliff Plaza Easement Vacation Action To Be Considered: Close the public hearing and continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 1 Schindeldecker 4th Addition / Outlot D, Galaxie Cliff Plaza. Facts: On September 27, 2017, City staff submitted a petition to vacate public easements on City properties upon which former Fire Station 5 is located (Lot 1, Block 1, Schindeldecker 4th Addition and Outlot D, Galaxie Cliff Plaza), west of Galaxie Avenue and south of Cliff Road in southwest Eagan. The easements requested to be vacated were originally dedicated with the original plats and as a separate document, at no cost to the City. The purpose of the request is to allow the re-platting of the properties as one parcel to prepare the property for sale. The vacations will clean up the plat by avoiding underlying recorded dedications. Council action on the vacation should be continued for the consideration of the final plat for Schindeldecker 5th Addition at a future Council meeting. Notices for a public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. One objection to the vacation has been received from CenturyLink since they have cables located within a portion of the easement. This objection will be resolved by City staff before final plat and sale of the property. This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action with the approval of the final plat at a future date. Attachments (3) PHB-1 Location Map PHB-2 Legal Description Graphic PHB-3 Objection BLOOMINGTONMENDOTA HEIGHTS HEIGHTSGROVEINVERAPPLE VALLEY ROSEMOUNTUNIONPACIFICRAILROADCO.C.P. R AIL S Y S T E M §¨¦494 §¨¦35E §¨¦35E §¨¦35E $+32 $+32 !(43 !(43 !(28 !(28 $+26 $+26 $+31 $+31 $+31 !(30 !(30 !(30 ÕÇ13 ÕÇ55 ÕÇ55 ÕÇ149 ÕÇ149 ÕÇ149 ÕÇ3 ÕÇ3 ÕÇ7 DODD ROADCliff Road Pilot Knob RoadDiffley Road Map of Proposed Location for Easement Vacation Schindeldecker 4TH & Galaxie Cliff Plaza - Outlot D E Yankee Doodle Road LOCATION OF PROPOSED EASEMENT VACATION 09/27/2017 Fig. 1HWY. 13Lone Oak Road Lexington Avenue 10 1010 10 40 10 GALAXIE AVEBERKSHIRE DR PLA Z A D R BERKSHIRE CT³ Schindeldecker 4thAdditionLot 1, Block 1 Galaxie Cliff PlazaOutlot D Utility Easem entPer D oc. N o. 115 260 Proposed Easement Vacation That Part of the Drainage and Utility Easements lyingwithin Lot 1, Block 1 of Schindeldecker 4th Addition &Outlot D of Galaxie Cliff Plaza, according to therecorded plats thereof, Dakota County, Minnnesota,Both located in Section 32,Township 27,Range 23. FIG. 2 Prepared By: TStrid Date: 9/28/2017G:Engineering/Easement Vacation Files/Graphics/Schindeldecker 4th & Galaxie Cfiff Plaza-Outlot D Fig 2.pdf City of October 4, 2017 Mike Maguire 1 Mayor Paul Bakken Re: Notification of Public Hearing to Vacate Public Easements Cyndee Fields Lot 1, Block 1, Schindeldecker 4th Addition f Ciutlot D, Galaxie Cliff Plaza Gary Hansen Meg Tuley The City of Eagan has received a request to vacate public easements on City Council Members properties upon which the former Fire Station 5 is located. The purpose of the request is to allow the re -platting of the properties as one parcel, Lot 1, Block 1 David M. Osberg Schindeldecker 5th Addition as shown and described on the attached graphics. City Administrator Compaz-7 Agency A public hearing to address comments or concerns will be held at 6:30 p.m. on Tam Strid. Engineering Technician November 6, 2017. Please check one of the boxes below, then fill in company name, your name and your title and return a copy of this letter to our office by Wednesday, October Municipal Center 18, 2017. 3830 Pilot Knob Road Eagan, MN 55122-1610 No interest or concern in this vacation proceeding 651.675.5000 phone 651.675.5012 fax Y There is a concern to address it at the public hearing. (Please 651.454.8535 TDD submit concern in writing along with this notification.). tification.). I may 5e- ccJed If you have additional questions pertaining to this vacation, please contact me at Maintenance Facility (651) 675-5636 or tstrid@cityofeagan.com. Thank you for your attention to this 3501 Coachman Point matter. Eagan, MN 55122 651.675.5300 phone Sincerely, 651.675.5360 faxit, k 651.454.8535 TDD Compaz-7 Agency Tam Strid. Engineering Technician www.cityofeagan.com Name Enclosures: Graphics Title The Lone Oak Tree The symbol of strength and growth in our community. Agenda Information Memo November 6, 2017, Eagan City Council Meeting OLD BUSINESS A. Ordinance Amendment – An Ordinance Amendment to City Code Chapter 10 Regarding Prescriptive Grazing Actions To Be Considered: Approve an ordinance amendment to City Code Chapter 10 regarding prescriptive grazing and direct publication of a summary ordinance amendment. Approve a resolution to establish prescriptive grazing licensing fees. Facts: At the June 20, 2017 Listening Session, the City Council received a request from a resident who was interested in utilizing prescribed grazing (i.e. rental of goats) to manage invasive species on his property. At the July 5, 2017 City Council Meeting, the Council directed preparation of an ordinance amendment to allow prescribed grazing on non-agricultural lots. City Code currently classifies goats as farm animals. Farm animals may be kept on agriculturally zoned properties of at least 5 acres. The proposed ordinance amendment would allow goats on properties of at least half an acre in size or on multiple properties with a combined grazing area of at least half an acre in size. The proposed ordinance amendment includes the following provisions, any of which could be modified at the direction of the Council: o Prescriptive grazing requires an administrative permit. Staff shall review the permit to ensure compliance with the City Code regulations and to confirm prescribed grazing is suitable for the proposed site. o The number of goats on a property is limited to one goat per every one- tenth (0.10) of an acre. o Goats must be contained within an enclosure that prevents them from running at large. Temporary electric fences are not required, but can be used. If electric fences are used, an additional fence is required around the perimeter of the electric fence to prevent accidental contact with the electric fence. Warning signs for the electric fence are also required. o The goat owner is required to provide liability insurance of at least $1,000,000 per occurrence and $2,000,000 general aggregate. o Permits for properties of up to 2 acres can be issued for up to 30 days. Two permits may be issued per year; the permit dates must be at least 60-days apart. Permits for properties of greater than 2 acres shall be for a duration approved by City staff. o The City Clerk may revoke a permit if the goats have been found running at large on two or more occasions. Additionally, permit applications may be denied if the applicant has violated the prescriptive grazing regulations within the past two years. Approval of the proposed ordinance amendment necessitates setting a fee for a prescribed grazing permit. The proposed resolution establishes the following fees, which are consistent with other, similarly administered permits: o Prescribed Grazing Permit Fee (initial application): $50 o Prescribed Grazing Permit Fee (renewal applications): $25 ATTACHMENTS: (3) OBA-1 Proposed Ordinance Amendment OBA-2 Resolution OBA-3 Correspondence 1 ORDINANCE NO. ___ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED “PUBLIC PROTECTION, CRIMES AND OFFENSES” BY ADDING SECTION 10.12, SUBD. 10, REGARDING HARBORING OF GOATS FOR PRESCRIBED GRAZING & REGULATIONS THEREOF; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 10 of the Eagan City Code is hereby amended by adding Section 10.12, subd. 10, to read as follows: Subd. 10. Harboring and keeping of goats~ For prescribed grazing by permit. A. Definitions. As used in this subdivision, the following definitions shall apply: Prescribed Grazing shall mean the use of goats as a landscape management technique to control the growth of undesirable vegetation, including noxious weeds and invasive plant or trees at a specific location for a defined length of time. For the purpose of this definition, goats used for prescriptive grazing are not considered pets or farm animals. B. Prescribed goat grazing permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any goat within the city, except pursuant to a permit issued by the city under this subdivision. A permit hereunder may be granted only for: (1) a parcel or lot of record that is 0.5 acres or more in size; or (2) a prescribed grazing area located on more than one parcel or lot provided the grazing areas on each parcel/lot are contiguous and an aggregate of 0.5 acres or more in size. No goat may be kept, maintained or harbored on or in any other property, except agriculture containing not less than five acres. C. Permit application and permit fees. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. The permit fee, which shall be paid and filed with the permit application, shall be in an amount established by city council resolution. The permit application shall include, but not be limited to, the following: 1. The full name and address of the following persons: (a) The applicant signed thereto; and (b) The owner(s) of the premises on which prescribed goat grazing is sought to occur and for which the permit would apply; 2. The street address of the premises on which prescribed grazing is sought to occur and for which the permit would apply; 3. The number of goats to be kept on the premises under the permit, not to exceed one (1) goat per every one-tenth (0.10) acre of the prescribed grazing area; 2 4. The full name, address, and 24-hour contact telephone number of the person who owns the goats to be used for the prescribed grazing; 5. The type of fencing to be used for the required enclosure; 6. Date the temporary fence will be installed; 7. Date the goats will arrive on the premises for which the permit would apply; 8. The latest date the goats will be removed from the premises for which the permit would apply; 9. A detailed site plan of the premises on which prescribed grazing is sought to occur, including the location and the dimensions of the proposed grazing area, a list of the vegetation existing on the site and sought to be controlled by the prescribed grazing, the location and delineation of any wetland or public water shoreline, and the location of the proposed enclosure fencing. 10. A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of goats on the property for which the permit is sought; 11. If the applicant is not the fee owner of the premises on which the goats for prescribed grazing is sought to be kept and for which the permit would apply, the application shall be signed by all fee owners of the premises; and 12. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit . The city clerk may grant a permit under this subdivision; however, a permit may not be issued unless the application filed demonstrates compliance with the requirements of this subdivision. A permit shall not be issued until the city forester or designee inspects and determines the existence and need for control of undesirable vegetation, as well as review of any ecologically sensitive areas, on the premises at which prescribed grazing is sought to be implemented. The city clerk shall deny a permit hereunder for any of the following reasons: 1. The application is incomplete or contains false, fraudulent or deceptive statements. 2. The applicant does not or has not complied with one or more of the provisions of this subdivision. 3. The premises for which the permit is sought, including, but not limited to, the proposed grazing area, is not in compliance with any provisions of this subdivision, other city code provisions or state laws relating to zoning, health, fire, building or safety. 3 4. The applicant or owner of the premises where the prescribed grazing is to occur has been previously convicted of a violation under this subdivision within the past two years. 5. The applicant is not the occupant of the premises for which the permit is sought to be issued. E. Conditions of permit. A permit granted under this subdivision shall be subject to the following conditions: 1. Ownership/Occupancy of Premises. The permit holder under this subdivision must occupy the premises for which the permit is issued at all times that the permit is in effect and goats are present on the premises. 2. Inspection. The premises for which a permit is issued shall, at all reasonable times, be open to inspection by the city forester or any other city official to determine compliance with this subdivision, other city code provisions and state laws relating to zoning, health, fire, building or safety. 3. Transferability of permit. A permit issued hereunder shall be nontransferable. It is unlawful to keep, harbor, maintain, possess, or otherwise control any goat on any property that is not permitted on the permit. 4. Specifications for feeding & care of goats. All supplemental feed for the goats shall be securely stored in water-tight and vermin-proof containers. All goats on the premises shall have daily access to fresh drinking water (not from nearby lakes, ponds, etc.). All goats used under the permit shall receive proper veterinary treatment and regular deworming. In the event that a prescribed grazing goat becomes ill, hurt, or perishes, the permit holder and the owner of the goat is responsible for immediate on-site care or removal of the goat from the property. 5. Number of goats permitted. No more than one (1) goat per every one-tenth (0.10) acre of the prescribed grazing area shall be on the premises at one time under the permit. 6. Natural Resources Protection. Prescribed grazing must comply with the shoreland regulations and wetland regulations set forth elsewhere in this Code. The permit may restrict the permissible grazing area to protect ecologically sensitive areas on the premises. Prescribed grazing activities shall comply with the following: a. Prescribed grazing activities shall comply with the best management practices established by the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Dakota County Soil and Water Conservation District, and all other pertinent agencies. 4 b. Prescribed grazing activities shall not impair water quality as defined by the Federal Clean Water Act. c. Threatened or endangered plant species shall not be negatively impacted by prescribed grazing activities. 7. Proper Enclosures. The prescribed grazing area shall be fully and securely enclosed with proper enclosures, and fully maintained for the duration of the prescribed grazing period, as required and provided herein. It is unlawful and a violation of the permit for any goat to be allowed to run at large as the term is defined elsewhere in this Chapter. The prescribed grazing activity shall be fully and properly enclosed at all times. Proper enclosure means any combination of temporary or permanent fences or structures designed to prevent the escape of the goats used for the prescribed grazing and to protect the goats from the intrusion of other predatory animals. All sides of the enclosure(s) shall be of sufficient height and the bottom of the enclosures shall be constructed or secured in a manner as to prevent the goats from escaping over or under the enclosure(s). An enclosure shall meet the following requirements: a. Permanent enclosures. Fences and structures constructed to enclose prescribed grazing goats, but intended to remain at the expiration of the prescribed grazing activity, shall comply with the regulations for the zoning district in which the prescribed grazing is located and shall be permitted separately from the prescribed grazing activity. b. Temporary enclosures. Temporary fencing and structures for the sole purpose of enclosing prescribed grazing goats shall be allowed for the duration of the prescribed grazing. All temporary fencing or structures shall be removed within five (5) days of the removal of the goats from the premises as required under the permit. c. Temporary fences may be electric or electrified as specified in the approved prescribed grazing permit. Where electric fences are used, a double fence system with a non-electric outer fence, maintained a minimum of three (3) feet from the electric fence, is required to serve as a safety barrier to reduce the possibility of the public coming in contact with the electric fence. If an existing natural barrier or permanent structure exist as to prevent contact with or serve as a barrier to the electric fence, then the second outer fence may not be required for the applicable segment of fencing. d. Any electric or electrified fence in association with a prescribed grazing activity must have a warning sign posted on every boundary of the enclosure at least every fifty (50) feet along each side of the fence. The warning sign shall clearly identify the electric fence. No single sign shall exceed four (4) square feet in area. Each 5 sign shall be clearly visible on the approach to the fence and be posted on or within one (1) foot of the electric or electrified fence. e. The outer fence line shall be inside the property line of the premises on which the permit applies, and shall not be located within any public or private right-of-way. 8. Conservation easements. If the proposed prescribed grazing area is within a conservation easement, all requirements of the conservation easement must be met. If the terms of the conversation easement do not allow prescribed grazing, then the permit will be denied. 9. Unneutered male goats. Unneutered male goats over six months of age are prohibited. 10. Liability insurance. The owner of the goat(s) to be utilized under the permit shall have and maintain insurance coverage for claims arising from prescribed grazing activity in the amount of $1,000,000 per occurrence and $2,000,000 general aggregate and shall provide to the city proof of coverage prior to the issuance of the permit. 11. Signage. The permit holder shall install and maintain signs on the premises for the duration of the permit as follows: a. Signs warning of the hazardous condition of the presence of the goats; the information sign, such as “do not enter-goat defoliation area” or “do not enter- goat invasive species treatment area-no petting or feeding.” b. A sign shall be located on each side of the enclosed area. The sign shall be a minimum of 4 square feet and not exceed 16 square feet in area. c. The signs shall not contain advertising, however the contact information of the owner of the goat(s) may be listed on the signs for emergency purposes. d. The signs shall be setback a minimum of 10’ from property line if freestanding, or placed on the enclosure fence. e. All signs shall be removed when goats are removed from the premises. F. Duration of Permit. The duration of a permit under this Section shall be as follows: a. Properties under two (2) acres in area. On properties with an area of less than two (2) acres, prescribed grazing shall not be permitted for more than thirty (30) consecutive days. No more than two (2) prescribed grazing permits may be issued within one (1) calendar year for the property. There shall be a minimum of sixty 6 (60) days between the expiration of the first permit issued and the second permit issued in a twelve (12) month period. b. Properties two (2) or more acres in area. On properties with an area of two (2) or more acres, the duration of the prescribed grazing activity shall be as specified in the permit, determined solely within the discretion of the city clerk as may be guided by city personnel trained in control and maintenance of noxious and invasive weed/plant vegetation. G. Revocation of permit. A violation of any provision of this subdivision or any condition of the permit issued hereunder shall constitute grounds for revocation of a permit. The clerk may summarily revoke a permit if a permit holder’s goat(s) have been found running at large on two (2) or more occurrences within the term of the permit. Section 2. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 550", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __________________________ _____________________________ By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 7 The following is the official summary of Ordinance No. ___ as approved by the City Council of the City of Eagan on ORDINANCE NO. ___ SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED “PUBLIC PROTECTION, CRIMES AND OFFENSES” BY ADDING SECTION 10.12, SUBD. 10 REGARDING HARBORING GOATS FOR PRESCRIBED GRAZING & REGULATIONS THEREOF; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. Eagan City Code Chapter 10 has been amended to permit goats a parcel or lot of record that is 0.5 acres or more in size; or a prescribed grazing area located on more than one parcel or lot provided the grazing areas on each parcel/lot are contiguous and an aggregate of 0.5 acres or more in size for prescribed grazing purposes (control of invasive/noxious weed and plants & other undesirable vegetation). The Chapter has been further amended to require a permit for and the regulation of said practices. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. RESOLUTION NO. _____ CITY OF EAGAN APPROVING AMENDMENT TO THE 2017 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees listed below shall be effective immediately: • Prescriptive Grazing Permit (initial application): $50.00 • Prescriptive Grazing Permit (renewals): $25.00 Motion by: Seconded by: Those in favor: Those against: Date: November 6, 2017 CITY OF EAGAN CITY COUNCIL By:___________________________ Its Mayor Attest: ___________________________ Its Clerk Certification I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of November, 2017. _______________________________ Christina M. Scipioni, City Clerk 1 Christina Scipioni From:Schnuckle, Scott A <Scott.A.Schnuckle@HealthPartners.Com> Sent:Wednesday, June 14, 2017 4:52 PM To:Christina Scipioni Cc:'saschnuckle@comcast.net'; Kristin Schnuckle Subject:Request for use of goats to control buckthorn on private property within Eagan Hi,Christina. The link below will connect you to the website for Goat Dispatch,a vendor who has been employed by other cities for buckthorn control in their parks as a green”alternative to herbicides,e.g.,Roundup,and manual/mechanical removal of the trees.I paid roughly 2500 to remove all of the buckthorn trees on the north end of my lot,which is bordered by a pond,Wescott and Quail Ridge,approximately 18 months ago.It now is the home to literally 1000’s of smaller buckthorn trees which repopulate at a ratio of roughly 10:1 based on my estimations. http://goatdispatch.com/ I would like to explore the use of goats to regain control of that portion of my property.The ordinances you stated prohibit goats in Eagan,but they were not designed for renting goats for a few days to eat buckthorn.I would like to see that changed so that I am free to explore using goats before my situation gets further out of control.I also believe this should be considered for Lebanon Hills and other green spaces in Eagan,so this may not be just for my situation. I appreciate the opportunity to join your meeting on June 20. Sincerely, Scott A.Schnuckle 821 Bear Paw Trail Eagan,MN 55123 651 686 2829 This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient or the individual responsible for delivering the e-mail to the intended recipient, please be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this communication in error, please return it to the sender immediately and delete the original message and any copy of it from your computer system. If you have any questions concerning this message, please contact the sender. Disclaimer R001.0 3 From:amocol@netzero.net To:Mike Maguire; Paul Bakken; Meg Tilley; Gary Hansen; Cyndee Fields; Christina Scipioni Subject:Goats in Eagan?? Date:Wednesday, October 4, 2017 11:15:50 AM Hello, I am a 20 year homeowner in Eagan and live at 3977 Denmark Ave. I have seen many things in the past 20 years in Eagan, but had a new one happen today. I heard pounding in my basement like someone was trying to break in about 9 am this morning. To my amazement I found a large goat with horns pounding on my basement window trying to break in. I could see other goats as well in my back yard. I ran out on my deck and noticed 4 large goats in my back yard and on my deck. I called 911 and was told that the police would send someone out to look. I quickly grabbed a shovel and tried to move the goats off my house before they broke my back window and got in my house. I can only imagine how much damage they would have caused if they got in my house (my guess is they would have destroyed furniture, tv, electronics, etc.) The goats all had tags on their ears and appeared to belong to someone. I got them off my house and chased them up to the front yard with my shovel when the police officer showed up. He chased them down the street and was trying to get them corralled. This looked like something out of a crazy movie and the last thing I would expect to happen at my house. He said he talked to the city clerk who said they were notified that these goats were in the city illegally without a permit. All 4 goats had horns and appeared aggressive to me especially when they were trying to break into my house. I noticed a very flimsy fence at house on Deerwood (around the corner from Denmark). There was a sign on the flimsy fence that said goatdispatch.com. This was all new to me but apparently they bring goats in to eat weeds in your yard. Christina from the City Clerks office showed up to look at this and said that you are considering an ordinance to allow goats to be brought in for weed control. As a resident who feels my property and safety were victimized by these goats I would say this is ridiculous. As I mentioned to Christina, they should be required to notify neighbors and ask for permission to bring into the neighborhood, they also need much better fencing (this looked like a string fence), they need to have someone watch them (no one was home at the house that brought them in), post a bond to cover any damage to property or people in the city. As a parent of children, I also fear what would have happened in the goats were spooked by children in the neighborhood, they could have trampled or rammed them with the horns. Not to mention that they might hit or get hit by cars. I am very opposed to the idea of bringing goats into the city. As a property owner in Eagan, please vote against any ridiculous ordinance. Thank you Chris Mocol 3977 Denmark Ave Eagan, MN 651-405-3896 From:Brooke Chaudhary To:Christina Scipioni Subject:Goats in Eagan Date:Tuesday, October 10, 2017 2:26:32 PM I am writing to voice my support for and agreement with the goat-rental for the treatment of buckthorn in Eagan. I think it’s a progressive approach to treating such an invasive species. Brooke Chaudhary From:Robert Cumming To:Christina Scipioni Subject:Goats Date:Wednesday, October 18, 2017 6:32:56 AM Good morning, I am writing in support of using goat rental for invasive weeds and brush on both park and private property. Recently a neighbor organized the rental of goats largely for the removal of buckthorn around their private pond. 31 goats arrived rather silently and went right to work. I was amazed at the speed and ease the bulk of the brush disappeared! Many neighbors didn't even realize the goats were there and only noticed due to some happy onlookers that had stopped. No pesticides were used and what the goats leave behind is a helpful organic fertilizer. Genius idea! The pond remains clear of poisons, the brush problem is largely reduced and the goats are happy and fed! I am hoping this will remain an option for both park and private residential property. Thank you- Becky Cumming From:L Terwilliger To:Christina Scipioni Subject:Proposal to allow residential use of goats Date:Thursday, October 19, 2017 12:02:41 PM I understand that the City Council plans to address a motion to permit the residents of Eagan to rent goats for use in clearing property. I was also informed that you are in the process of collecting information regarding opinions regarding this proposal. For the record, I would like to add my voice as an Eagan resident in favor of permitting the use of goats within the city for the purpose of clearing overgrowth and the removal of invasive plants such as buck thorn. The owner of property which is either overgrown or filled with an invasive species like buck thorn currently has very few options available to remove and control it. First, there is the matter of the manual removal. This labor intensive effort requires not only saws and shovels, but often machinery to scrap away a layer of soil. The land is left barren and disturbed; any wild life present is evicted. The woody debris must be disposed of, either by the owner or a paid hauler. To prevent regrowth, the only real option involves the use of chemical herbicides. While those things have limited appropriate uses, herbicides are also indiscriminate killers which can leave their residues in both land and water for a long time after use. They must be reapplied for best effectiveness as well. Aside from the cost monetarily, herbicides also have a cost in terms of their environmental effects - some of which we know, some we may not have yet identified. However, this need not be the case. There is another option which should be available to everyone in Eagan, namely the ability to use domestic goats to accomplish the task. Domestic goats have advantages to offer which make them much more sensible solutions to the problem at hand. They are not wild, vicious animals. In fact, goats tend to have gentle natures and those in rental goat herds are chosen specifically for that quality. Many enjoy a pat and scratch behind the ears just like an ordinary pet. Goats also like to eat, and they particularly love things like buck thorn. In a matter of days, a small herd of goats can clear a property of undergrowth, including undesirable plants like buck thorn and poison ivy or oak. Goats will eat the entire plant whenever possible, including any seeds. Older buck thorn trees will have their lower bark stripped, which will effectively kill the tree. They leave behind only their manure, which is a pellet like dropping much like a deer. As they are strict vegetarians, this manure rapidly decomposes and provides only nutrients for plant life and soil. The cost of renting a small herd of goats to clear an area would be much less than what would be required to pay for the man power, chemicals, and equipment required to do the same job. Furthermore, the use of goats would do no lasting damage to the cleared property. There is no debris produced which requires removal. There would be no need to worry about potential health hazards or environmental damage making itself known in the years to come. Although nobody wants to broach the subject, I believe the main objection people have towards the goats involves potential "barnyard smell". Let us be honest. Most people are unfamiliar with either farms or farm animals, and object to something most have never really experienced. It's widely believed that goats stink. Hence, a herd of goats next door would probably stink out the neighborhood. A good many of the people who visited the herd used off Wescott were pleasantly surprised to discover there is actually very little odor. The fact is Billies, the male goats, do smell. Some smell quite badly, to humans at least. However, female, or nanny goats, wethers (castrated males), and the immature young goats do not really have much odor at all. Yes, they smell like a goat close up. Your pet also smells like a cat or dog. Companies which rent goat herds know this information, which is one reason Billies are not included in the rental herds. The only other reason there might be an issue with smell would be if the goats were kept in an enclosed area for an extensive period of time, without attending to the issue of manure removal. In most cases, specifically involving the smaller size of the ordinary property, I don't believe this would be an issue at all. The goats would simply not be present long enough for it to become a problem. What did remain when they go would decompose rather rapidly, and would not be any more of a problem than what is left behind by our native wildlife. Objections based on potential smell are simply addressed, and really more fear based than actual experience justified. I do not ordinarily think of myself as an environmental activist. I look like every other typical middle age mom. That's what I am. What you would not see, or know, is that I am also a veteran of the First Gulf War. In the years following, I became sensitive to many of the various chemicals we routinely surround ourselves with. As a result, I can be standing in the line at Target and suddenly find myself sneezing and coughing, with an increased difficulty breathing - simply because the large number of people around me are covered in various perfumes and scents, from their laundry detergent to their deodorant. An afternoon on the back deck can end with hives, sneezing, and watery, itchy eyes, because my neighbor is having their lawn treated for weeds. Often I can never actually smell anything which might act as a warning, and can never identify the specific source or sources for my reaction. As a result of my difficulties, I've been forced to confront my own dependence on various chemicals to achieve results and adjust my life to accommodate the limitations. I have also learned as the years pass that I am not the only one with this same sensitivity. No one really knows why it happens, or can even identify a particular culprit. For my part, I just try to avoid situations or products I know are potentially problematic and get on with life. But I am concerned about the effects our increased reliance on chemicals has and will have on the lives of people and our environment. I realize there are times and places when the use of chemicals is necessary, even desirable. However, in the case of making a choice between using goats, or the labor and herbicide necessary to accomplish the same task, I must support the goats. I would urge all the City Council members to make the same decision. We are stewards of our land, not masters over nature. We can work with nature, or against it. When we work against it, invariably we are not the only ones to suffer the consequences. We know some chemicals have detrimental effects on humans and other life. Our pursuit of lush green lawns is killing off the life in our ponds and lakes. On the other hand, nature has provided us with goats, willing and able to control overgrown patches of land by simply eating it. They leave behind no lasting or detrimental effects. Why would a responsible steward choose to use anything else to manage a piece of land? For my part, I would like to see the City of Eagan utilize goats to control the overgrowth in the various parks maintained by the city. It would save time and money, as well as make Eagan known as a city which promoted environmentally responsible, sound methods to solve problems. Perhaps if the city gave a goat herd a trial run of a patch of city property, it would give the citizens a chance to see them in action. That would go far to allay any fears or reservations people had. So I strongly urge the City Council to allow residential use of goats to control undesirable growth on their property. I urge this, not because of my own difficulties, but because it is simply the right thing to do. We, the citizens of Eagan, should be good stewards of our land, for the benefit of all the life which will follow in our footsteps. Rather than let the buck thorn get our goats, let the goats eat the buck thorn. Sincerely, Lori Terwilliger From:Kristin Schnuckle To:Christina Scipioni Cc:Scott Schnuckle Subject:Goat Rental Ordinance Date:Friday, October 20, 2017 10:31:56 AM Attachments:IMG_5785.PNG IMG_5786.PNG IMG_5787.PNG IMG_5788.PNG IMG_5789.PNG IMG_5790.PNG IMG_5363.HEIC IMG_5634.HEIC Hi Christina, We want to provide information about our experience with renting goats from Goat Dispatch last month to graze on the buckthorn and other invasive plant species on our property. First, I want to tell you that Jake (the owner of Goat Dispatch) was wonderful to work with. He is very responsive and professional, explains everything in detail, is very knowledgeable about his goats, and is a very even-keeled business owner. The goats did a great job cleaning up everything they could eat within six days. Every property is different, of course, but the goats are very efficient at what they do. They are very low maintenance and the odor is very minimal. Many of the goats are very friendly and love people. None of the goats are aggressive toward people or other goats. Since our property is adjacent to Wescott Rd, many people noticed the goats and word of mouth spread quickly. Dozens of people stopped by out of curiosity to ask questions, and to watch the goats. I truly didn't speak to one person who was concerned, upset or against the use of goats for eating buckthorn. Everyone had a smile on their face, many took pictures, and several people thanked us for hiring the goats for the purpose of eating buckthorn. They were excited that this may be something they can do for their own properties in the near future. Just about everyone near us has been fighting the growth of buckthorn and every person I spoke with liked the idea of using goats versus chemicals and they loved the fact that a lot of the difficult work of cutting buckthorn wouldn't have to be done. Several people made it a point to walk by our corner and stop every evening, and they were sad when the goats were gone. It actually brought our part of the community together and was a wonderful thing to witness. I'd also like to address the situation on the other Eagan property where a neighbor was angry and shouting for over a half hour. He repeatedly said that the goats were aggressive and shouldn't be allowed here. He was over-reacting and stretching the truth. Everything he said could be rebutted with actual facts. He clearly has no experience with goats and probably not with many domesticated animals at all. He had no intention of trying to listen to facts and simply wanted his way, whether or not it was the right thing. Thankfully most people are not like that. I don't believe that a goat was trying to break his window, as stated. As that man was complaining, I watched Iris (a goat) very gently tap her horns on the window next to the front door where we were keeping the goats until Jake arrived. This was on the home where the goats were hired to graze. She wasn't banging at all and was only curious about the goat she saw in the reflection. Jake said that, if given the chance, they will lay down by a window because it brings them comfort to be with a "friend." This is also why, at the Wildlife Rehabilitation Center, we provide mirrors for some animals who are social and have a better chance of recovery when they feel like they are not alone. That said, the goat pens are not typically set up to graze against a house or windows, so that is very unlikely to happen. Yes, the goats got out because of a couple of errors, but much has been learned from these mistakes and there was really no harm done. When you asked the angry man if there was damage to his window, he said no. If the goats were banging with their horns, the window would have broken. To provide additional feedback, I am attaching screen shots of some of the comments that were made on the "Next Door/Neighborhood" social media site in response to a post of curiosity. Since this is a public site, I did not black out their names, but if you'd like me to do that and resend them, let me know! I am also attaching a couple photos of us interacting with the very sweet goats, and a before picture and after picture of our property. We would appreciate it if you would share these attachments with the council as well. There was only one negative comment on this post, and after being educated by another Next Door user, he actually emailed her to apologize and say that he now understood the value of using goats for buckthorn. If you haven't seen the post and would like to read all the comments, just search "goats" and click on the post by Adrienne Foley. Based on the sampling of the people who stopped at our property to comment, and the comments on the Next Door site mentioned above, we believe the vast majority of Eagan residents would find goat rental a positive and progressive move for the city of Eagan. If any of the council members want to see the goats in action, they are still at the MN National Wildlife Refuge in Bloomington. I don’t know how long they will be there. Thank you, Christina, for everything you have done to provide information to the council on this subject, and to help get an ordinance written. You have been great to work with! Please let me (Kris) know if you have any questions about our comments here. We are, of course, hoping to have an ordinance passed that allows the rental of goats for grazing on residential property (as well as Eagan parks) so we can have the goats back each year for the next few years to further eliminate the buckthorn on our property. We plan to attend the Nov. 6 council meeting. Sincerely, Kris and Scott Schnuckle 1 Christina Scipioni From:Kirsten Loiseaux-Purcell <klpurcell@yahoo.com> Sent:Monday, November 6, 2017 9:11 AM To:Christina Scipioni Subject:The use of goats for the removal of buckthorn Eagan City Council, We are requesting that an ordinance be adopted to allow goats to be used for the removal of buckthorn on both private and park land. The use of goats is advantageous because they eliminate the use of pesticides and the removal costs of equipment and workers to the city. Our neighbors used goats for their buckthorn removal and we found the goats to be calm and gentle animals. We enjoyed the company of the quiet little goats. We look forward to seeing more goats in Eagan. Sincerely, The Loiseaux‐Purcell Family 830 Bear Paw Trail Eagan, 55123 Agenda Information Memo November 6, 2017 Eagan City Council Meeting Old Business B. ORDINANCE AMENDMENTS - Ordinance Amendments to City Code Chapters 6, 7, 10 and 11 Relative to Special Events and Temporary and Outdoor Events Actions To Be Considered: To approve Ordinance Amendments to City Code Chapter 6.36 relative to outdoor sales at events, Chapter 7.07 relative to special event permits, Chapter 10.31 relative to outdoor electronic sound and various sections of Chapter 11 regarding outdoor events and direct publication of summary ordinance amendments To approve a resolution to establish fees for outdoor food sale permits and cultural event permits. Required Vote For Approval: Majority of Council Members Present Facts: At the 2017 City Council retreat, the Council directed staff to research potential changes to the City Code to allow more flexibility for outdoor and special events. At their regular meeting of June 13, 2017, the City Council directed staff to initiate an Ordinance Amendment. The City Attorney has prepared a draft ordinance amendment that makes the following changes: o Allows administrative approval of sound amplification permits using the same criteria considered by the City Council. o Combines definitions for temporary outdoor events and seasonal outdoor sales on private property into one definition for “Outdoor events – temporary or seasonal” with no changes in duration. o Adds definition for outdoor food sales with the same performance standards as temporary outdoor events. Outdoor food sales would be allowed with a renewable administrative permit for 90 consecutive days. o Adds definition for cultural/entertainment events on private property with similar performance standards as temporary outdoor events except that cultural/entertainment events may exceed 5% lot coverage. o The duration of cultural entertainment events would be 3 days or less, no more than 6 times per year. The amendment provides greater flexibility in the number of events but reduces the total annual number of event days from 20 to 18 for cultural/entertainment events. o Increases special event permits for public property from one to two events per location per month. o Simplifies application process for timed events that do not impact right- of-way. The matrix attached describes proposed code amendments in more detail. The APC held a Public Hearing on October 24, 2017 and they are recommending approval. Attachments: (5) OBB-1 Draft Ordinance Amendments OBB-2 Draft 10-24-17 APC Minutes OBB-3 Planning Report OBB-4 Matrix OBB-5 Resolution ORDINANCE NO. ______ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY AMENDING SECTION 6.36, SUBD. 2(D) REGARDING OUTDOOR SALES/EVENTS ON PRIVATE PROPERTY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is hereby amended by revising Section 6.36, subd. 2 (D) to read as follows: Subd. 2. Scope of application. This section shall apply to solicitors, peddlers and transient merchants. This section shall not apply to the following: * * * * D. Outdoor sales on private property in connection with outdoor a seasonal outdoor event sales or temporary outdoor events, as those terms are defined and permitted under the zoning regulations set forth elsewhere in the City Code, if conducted by or with the consent of the owner or occupant of the property on which the sales event occurs and is permitted under the zoning regulations set forth elsewhere in the City Code. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __________________________ __________________________ By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: ORDINANCE NO. ______ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED “STREETS AND SIDEWALKS GENERALLY” BY AMENDING SECTION 7.07, SUBD. 3 AND SUBD. 4, REGARDING SPECIAL EVENT PERMIT REQUIREMENTS AND REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 7 of the Eagan City Code is hereby amended by revising Section 7.07, subd. 3 (A) to read as follows: Subd. 3. Permit required. A special event permit is required for the use of city property, use of public rights-of-way, including sidewalks and trails, or a combination thereof, in connection with any of the following: A. Athletic events that are timed or for which prizes are awarded to the top finishers, regardless of the number of participants, which include, but are not limited to: marathons; walk, run, skate, or ski events; and cycle rallies or races, unless the chief of police and director of public works determine the event poses no public safety concerns. * * * * Section 2. Chapter 7 of the Eagan City Code is hereby amended by revising Section 7.07, Subd. 4 (E), to read as follows: E. The traffic plan and/or emergency plan, if required by the City has been to be submitted by the applicant, does not meet the approval of the chief of police or director of public works. Section 3. Chapter 7 of the Eagan City Code is hereby amended by revising Section 7.07, subd. 4 (H), to read as follows: H. Another Two special event permit applications has have been previously received prior in time, or has have already been approved, to hold an event (1) on the same date and same location requested by the applicant; or (2) within the same month at the same location; or (3) on the preceding or following weekend of another event at the same location, or so close in time and place as to cause undue traffic congestion or the inability of city personnel to meet the needs for city services for both events. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. _____", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 7.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __________________________ __________________________ By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: The following is the official summary of Ordinance No. _____ as approved by the City Council of the City of Eagan on __________. ORDINANCE NO. ______ SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED “STREETS AND SIDEWALKS GENERALLY” BY AMENDING SECTION 7.07, SUBD. 3 AND SUBD. 4, REGARDING SPECIAL EVENT PERMIT REQUIREMENTS AND REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. Chapter 7 (Section 7.07, subdivisions 3 and 4 of the Eagan City Code, regulating special events occurring on city property and city rights-of-way, is amended to revise the requirement for submittal of traffic/emergency plans and permit approval process for previously approved events for same location(s). A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. ORDINANCE NO. ______ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED “PUBLIC PROTECTION, CRIMES AND OFFENSES” BY AMENDING SECTION 10.31, SUBD. 3 (A), (C), (D) and (E), REGARDING OUTDOOR ELECTRONIC SOUND SYSTEM/AUDIO EQUIPMENT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10.31, subd. 3, (A) to read as follows: A. Between the hours of 10:00 p.m. and 7:00 a.m., no person shall use or operate any electronic sound system or audio equipment to produce or reproduce audio sound outdoors, unless such person first obtains a permit from the city council prescribed herein, complies with all provisions of this subdivision, and the terms and conditions set forth in the permit. No electronic sound system or audio equipment under the permit shall be operated after 12:00 midnight. For purposes of this subdivision, the term "electronic sound system or audio equipment" shall include any device designed or commonly used to intentionally produce, amplify or reproduce sound. A permit under this Subdivision may be approved and issued by the city clerk as set forth in this Section. Section 2. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10.31, subd. 3 (C) to read as follows: C. Procedure. The city council clerk shall consider all of the following criteria when determining whether to issue a permit upon application: 1. The volume, frequency and type of sound to be generated; 2. The day of the week and duration of the sound to be generated; 3. The character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used; and 4. Whether the applicant or contact person has complied with the terms of a previous permit or similar permit issued by another municipality or government agency. Section 3. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10.31, subd. 3 (D) to read as follows: D. The city council clerk shall not issue a permit to any person who has, during the last five years, failed to comply with the terms and conditions of any previously issued electronic sound system or audio equipment permit of this city or any similar permit issued by any other municipality or government entity. The city council clerk may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. Section 4. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10.31, subd. 3 (E) to read as follows: E. The city council clerk may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted electronic sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. Section 5. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. _____", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 6. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 7. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __________________________ __________________________ By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: The following is the official summary of Ordinance No. _____ as approved by the City Council of the City of Eagan on __________. ORDINANCE NO. ______ SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED “PUBLIC PROTECTION, CRIMES AND OFFENSES” BY AMENDING SECTION 10.31, SUBD. 3, (A), (C), (D) and (E), REGARDING OUTDOOR ELECTRONIC SOUND SYSTEM/AUDIO EQUIPMENT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. Chapter 10 (Section 10.31, subdivision 3) of the Eagan City code, regulating electronic sound system/audio equipment, is amended to delegate to the City Clerk the authority to approve and issue permits under Section 10.31. Section 10.31 was also amended to prohibit the outdoor use or operation of a electric sound system/audio equipment after 12:00 a.m./Midnight. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. 1 ORDINANCE NO. ______ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED “LAND USE REGULATIONS (ZONING)” BY AMENDING SECTIONS 11.30, 11.60, 11.70 REGARDING REGULATIONS OF CULTURAL/ ENTERTAINMENT EVENTS, SEASONAL AND TEMPORARY OUTDOOR EVENTS AND OUTDOOR FOOD SALES AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 11 of the Eagan City Code is hereby amended by revising and adding the following definitions in Section 11.30 to read as follows: Section 11.30- Definitions Cultural/entertainment event means an outdoor arts, music, or other social event that is open to the general public and its primary purpose is to entertain at which incidental sales of food, beverages, goods and merchandise may also occur. The event may be organized and hosted by a private or public entity and to occur on private property. Outdoor Event ~ Seasonal or Temporary means an outdoor exhibition or sale which is accessory to the principle use of the subject property, including, but is not limited to: promotional and fundraiser event; product sales; nursery plants or stock sales, fresh fruit and vegetable sales; craft, clothing or other goods sidewalk sales or displays; fireworks or Christmas tree sales stand/tent; and recognition events. An outdoor event shall be deemed as a seasonal outdoor event if its duration is more than 10, but less than 90 consecutive days per year. An outdoor event shall be deemed as a temporary outdoor event if: (1) its duration is 10 days or less; (2) it does not occur more than once per 30 days period; and (3) no more than three temporary events occur per year or a combination of 20 days total in a calendar year. Outdoor storage means to stock, keep, sell or trade outside a commercial or industrial building any items of merchandise, supplies, materials, finished goods, inventory or other movable property or motor vehicles. For purposes of this definition and the regulation of outdoor storage, a temporary an outdoor event~ and seasonal outdoor sale and temporary shall not constitute outdoor storage. Temporary outdoor event means an exhibition or sale with a duration of ten continuous days or less which does not occur more than once per 30 days and more than three times per year or a combination of 20 days total in a calendar year. A temporary outdoor event includes, but is not limited to: promotional and fund raiser event; car wash, or food sales; nursery plants or stock sales, fresh fruit and vegetable sales; and prepared food, clothing and crafts display or sale. Outdoor food sales means the sale or service of prepared food or beverage from a temporary structure or stand or a mobile food unit as defined by Minnesota state law to the general public. 2 Section 2. Chapter 11 of the Eagan City Code is hereby amended by revising Section 11.60, subd. 10 (C)(11) and (D)(4), to read as follows: * * * * 11. Outdoor event~seasonal sales, subject to regulations thereof elsewhere in this chapter. * * * * 4. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to the regulations thereof elsewhere in this chapter. Section 3. Chapter 11 of the Eagan City Code is hereby amended by revising Section 11.60, subd. 11 (C)(14) and (D)(6), to read as follows: * * * * 14. Outdoor event –outdoor seasonal sales, subject to regulations thereof elsewhere in this chapter. * * * * 6. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to the regulations thereof elsewhere in this chapter. Section 4. Chapter 11 of the Eagan City Code is hereby amended by revising Section 11.60, subd. 12 (C)(7) and (D)(5), to read as follows: * * * * 7. Outdoor event-seasonal sales, subject to regulations thereof elsewhere in this chapter. * * * * 5. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to the regulations thereof elsewhere in this chapter. Section 5. Chapter 11 of the Eagan City Code is hereby amended by revising Section 11.60, subd. 13 (C)(13) and (D)(6), to read as follows: * * * * 13. Outdoor event~seasonal sales, subject to regulations thereof elsewhere in this chapter. 3 * * * * 6. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to the regulations thereof elsewhere in this chapter. Section 6. Chapter 11 of the Eagan City Code is hereby amended by revising Section 11.60, subd. 14 (C)(15) and (D)(3), to read as follows: * * * * 15. Outdoor event –seasonal outdoor sales, subject to regulations thereof elsewhere in this chapter. * * * * 3. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to the regulations thereof elsewhere in this chapter. Section 7. Chapter 11 of the Eagan City Code is hereby amended by revising Section 11.60, subd. 20 (B)(1)(5) and (C)(2), to read as follows: * * * * 5. Outdoor event~seasonal sales, subject to regulations thereof elsewhere in this chapter. * * * * 2. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to the regulations thereof elsewhere in this chapter. Section 8. Chapter 11 of the Eagan City Code is hereby amended by adding Section 11.60, subd. 16 (D)(4), to read as follows: 4. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to regulations thereof elsewhere in this chapter. Section 9. Chapter 11 of the Eagan City Code is hereby amended by adding Section 11.60, subd. 17 (D)(5), to read as follows: 5. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to regulations thereof elsewhere in this chapter. 4 Section 10. Chapter 11 of the Eagan City Code is hereby amended by adding Section 11.60, subd. 21 (C)(6), to read as follows: 6. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to regulations thereof elsewhere in this chapter. Section 11. Chapter 11 of the Eagan City Code is hereby amending Section 11.70, subd. 22, to read as follows: Subd. 22. Outdoor display, outdoor storage, temporary outdoor events~ and seasonal and temporary outdoor sales by businesses, cultural/entertainment events, and outdoor food sales. A. Restrictions. All outdoor storage, temporary outdoor events and seasonal outdoor events sales shall comply with this subdivision. 1. No outdoor storage shall be permitted except in the general business (GB), community shopping center (CSC), limited industrial (I-1), and general industrial (I-2) districts, and upon the council's granting of a conditional use permit. 2. No seasonal outdoor sales events or temporary outdoor events shall be permitted except in the public facility (PF), planned development (PD), limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), limited industrial (I-1) districts., and Temporary outdoor events may also be permitted in business park (BP), research & development (RD) and Cedar Grove (CG) districts. iIn no event shall seasonal outdoor sales events be permitted except upon the council's granting of a conditional use permit. 3. No cultural/entertainment event or outdoor food sales shall be permitted except in the public facility (PF), planned development (PD), limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC), limited industrial (I-1), business park (BP), research & development (RD), and Cedar Grove (CG) districts. In no event shall a cultural/entertainment event or outdoor food sales be permitted except upon the city clerk granting of a permit as set forth herein. B. Conditional use permit application. All applications for a conditional use permit for outdoor storage shall include a detailed and scale site plan specifying the dimensions, location, material and design of the storage enclosure and area. C. Performance standards and noncompliance. 1. Standards for outdoor display. Outdoor display of merchandise or goods offered for sale, rent or lease shall be permitted only in the neighborhood business (NB), general business (GB) and community shopping center (CSC) zoning districts, subject to the following requirements: 5 a. The display area shall not exceed 60 square feet. b. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. c. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. d. The display area shall not take up required parking spaces or landscaping areas of the principal use. e. The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof. 2. Standards for outdoor storage. Outdoor storage permitted in accordance with subparagraph A shall conform to the following standards, in addition to those standards in connection with conditional use permit: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 3. Standards for temporary outdoor events and outdoor food sales. Temporary outdoor events and outdoor food sales shall be subject to the following standards: 6 a. Adequate off-street parking shall be provided ensuring that no obstruction or interference occurs with existing traffic patterns. b. No portion of the sale or event shall take place within any public right- of-way. A minimum of ten feet setback shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any property line of any residential use or residential zoned property. c. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than five percent of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. d. All signs for the event shall comply with City Code sign regulations. e. Tents and temporary membrane structures having an area in excess of 200 400 square feet and canopies in excess of 400 square feet shall be subject to a building permit. f. The owner and/or operator of the sale or event shall have the written permission of the fee owner of the property on which the sale or event is located to use the specific site. g. Hours of operation shall be subject to this chapter's regulations governing hours of operation for commercial business. h. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. i. The owner and/or operator of the sale or event shall obtain a permit for the outdoor use of electronic sound system or audio equipment in accordance with Chapter 10 of this Code if the use of such equipment will occur after 10:00 p.m. j. Temporary outdoor events on a property shall be restricted in duration and occurrence as follows: (1) 10 days or less; (2) not more than once per 30 days period; and (3) no more than three temporary events per year or a combination of 20 days total in a calendar year. k. Outdoor food sales on a property shall be restricted in duration and occurrence as follows: (1) up to 90 days per each issued permit; and (2) no more than 4 permits per calendar year. 4. Standards for seasonal outdoor sales events. Seasonal outdoor sales events permitted in accordance with subparagraph (A) shall conform to the following standards, in addition to those standards in connection with conditional use permit: a. The seasonal outdoor sale event shall meet the minimum requirements for temporary outdoor events set forth in this chapter. 7 b. The sale event area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. c. The sale event area shall not encroach into any required front building setback area or other required setbacks. d. The sale event area shall be screened from view from adjacent residential uses and residential zoned property. e. The sale event area shall not interfere with any pedestrian or vehicular movement. f. The sale event area shall not take up required parking spaces or landscaping areas of the principal use. g. The sale event area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. h. Seasonal outdoor events on a property shall be restricted in duration and occurrence as follows: (1) not more than 90 consecutive days per year; and (2) one seasonal outdoor event per calendar year. 5. Standards for cultural/entertainment events. Cultural/entertainment event permitted in accordance with subparagraph (A) shall conform to the following standards, subject to the issuance of a permit by the city clerk: a. A site plan showing off-street parking and traffic circulation must be approved by the chief of police and director of public works. b. No activity of the event shall take place within any public right-of- way unless a special event permit pursuant to Chapter 7 has been issued. A minimum of ten feet setback shall be maintained from all property lines except 100 feet setback shall be maintained from any property line of any residential use or residential zoned property. c. All signs for the event shall comply with City Code sign regulations. d. Tents and temporary membrane structures having an area in excess of 400 square feet and canopies in excess of 400 square feet shall be subject to a building permit. e. The owner and/or operator of the event shall have the written permission of the fee owner of the property on which the event is located. f. Hours of operation shall be subject to this chapter’s regulations governing hours of operation for commercial business. 8 g. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. h. Any outdoor use of electronic sound system or audio equipment after 10:00 p.m. shall be in accordance with a permit issued under Chapter 10 of this Code. i. Cultural/entertainment event on a property shall be restricted in duration and occurrence as follows: (1) not more than 3 consecutive days per event; and (2) no more than six (6) events per calendar year. D. Exemptions. Notwithstanding any other provisions of this section, the occupant of a property zoned for commercial or industrial uses may store up to three passenger motor vehicles on the property, provided the vehicle(s) is (1) owned or leased by the occupant; (2) the vehicle is regularly used in connection with and as an integral component of the operation of the principal use on the property; (3) is not larger than the footprint of a standard passenger vehicle parking stall; and (4) parked and stored in a designated parking spaces as approved by the city. In no case shall the number of permitted stored vehicles under this paragraph exceed three for any given parcel of record. This exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational camping vehicles, motorcycles or other similar vehicles, semi- tractors, or vehicles for sale. Section 12. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. _____", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 13. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 14. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __________________________ __________________________ By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: 9 Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: The following is the official summary of Ordinance No. _____ as approved by the City Council of the City of Eagan on __________. ORDINANCE NO. ______ SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED “LAND USE REGULATIONS (ZONING)” BY AMENDING SECTIONS 11.30, 11.60, 11.70 REGARDING REGULATIONS OF CULTURAL/ ENTERTAINMENT EVENTS, SEASONAL AND TEMPORARY OUTDOOR EVENTS AND OUTDOOR FOOD SALES AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. Chapter 11 (Sections 11.30, 11.60 and 11.70) of the Eagan City Code, governing zoning regulations, was amended to establish regulations, or amend existing regulations, for cultural/entertainment events, seasonal and temporary outdoor events, and outdoor food sales. The amendments set forth definitions of each type of event, the permitting process, and performance standards. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. Advisory Planning Commission October 24, 2017 Page 20 of 21 G. Special Events Location: 3830 Pilot Knob Road; Application: Ordinance Amendment An Ordinance Amendment to City Code Chapter 11 regarding zoning regulation of temporary outdoor events. File Number: 01-OR-03-09-17 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated October 13, 2017. Chair Piper opened the public hearing. Edward Finley, 3520 Widgeon Way, asked what locations would be affected by this ordinance amendment, would it affect the Viking’s stadium and if the changes would allow a “We Fest” to occur. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. City Planner Ridley explained that the ordinance affects the entire City and events at Viking Lakes will be regulated by that specific Planned Development. Member Goff harkened back to the outdoor event discussion that occurred during consideration of the Art Works Eagan CUP and asked how the proposed amendment differs from the existing. City Planner Ridley stated the revised ordinance provides additional flexibility but in direct comparison between the two, the proposed amendment results in two fewer (18 v. 20) days allowed for outdoor events. Member Weimert moved, Member Heckmann seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11, Sections 11.30, 11.60 and 11.70, relative to outdoor events. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 13, 2017 CASE: 01-OR-03-09-17 APPLICANT: City of Eagan HEARING DATE: October 24, 2017 PROPERTY OWNER: N/A PREPARED BY: Michael J. Ridley, AICP REQUEST: Ordinance Amendment LOCATION: City-wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST The City of Eagan is requesting approval of an Ordinance Amendment to City Code, Chapter 11, Sections 11.30, 11.60 and 11.70, relative to temporary and outdoor events. BACKGROUND/HISTORY Feedback from the Eagan Forward effort highlighted a desire for more opportunities for community social and cultural interactions throughout the City. At the 2017 City Council retreat, the Council directed staff to research potential changes to the City Code to allow more flexibility for outdoor/special entertainment events. At their regular meeting of June 13, 2017, the City Council directed staff to initiate an Ordinance Amendment. EXISTING CONDITIONS The City Code defines Temporary and Seasonal Outdoor Events/Sales: Temporary Outdoor Event: An exhibition or sale with a duration of 10 continuous days or less which does not occur more than once per 30 days and more than 3 times per year or a combination of 20 days total in a calendar year. Temporary Outdoor Events are subject to administrative approval. Examples of Temporary Outdoor Events include promotional/fundraising events and assorted commercial sales/events. Planning Report – Ordinance Amendment October 24, 2017 Page 2 Seasonal Outdoor Sales: The outdoor storage and sale of goods with a duration of more than 10 and less than 90 continuous days that are accessory to the principle use or structure. These are typically annual events. Seasonal Outdoor Sales are allowed only with a Conditional Use Permit. Examples of Seasonal Outdoor Sales include temporary parking lot greenhouses (May-June), vegetable stands (September-October), holiday tree sales, seasonal volleyball courts, etc. Examples of certain outdoor sales events that may be occurring but are not expressly allowed include non-profit grilled brat/hamburger fundraisers and food trucks at local businesses. EVALUATION OF REQUEST The City Attorney has prepared a draft ordinance amendment that broadens the definitions to include Outdoor Events (temporary and seasonal), Cultural/Entertainment, Outdoor Food Sales and Special Events. The matrix attached to this report describes each of these in more detail. Essentially, the purpose of the proposed amendments is to: Simplify approval process for special events and sound amplification permits; Clarify City Code regarding outdoor food sales and temporary events; Provide flexibility to encourage more cultural/entertainment events. SUMMARY/CONCLUSION The proposed ordinance amendment provides flexibility that expands and defines outdoor event opportunities. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Sections 11.30, 11.60 and 11.70, relative to outdoor events. Outdoor and Special Events Definition On public or private property? Permit Required Duration Notes on Proposed Changes Outdoor – Temporary An outdoor exhibition or sale which is accessory to the principle use of the subject property, including, but is not limited to: promotional and fundraising events; product sales, nursery plants or stock sales, fresh fruit and vegetable sales; craft, clothing or sidewalk sales and displays; fireworks or Christmas tree sales stand/tent; and recognition events Private Administrative 10 days or less; no more than once per 30 day period, no more than 3 times per year, max 20 days in calendar year Definitions combined to eliminate inconsistencies and confusion. No change to duration or performance standards. Outdoor – Seasonal (formerly Seasonal Outdoor Sales) Private CUP More than 10 but less than 90 consecutive days per calendar year Cultural/Entertainment An outdoor art, music, or other social event that is open to the general public and its primary purpose is to entertain at which incidental sales of food, beverages, goods and merchandise may also occur. Private Administrative 3 days or less, no more than 6 times per calendar year Definition added; same performance standards as temp events except may exceed 5% lot coverage. Outdoor Food Sales The sale or service of prepared food or beverage from a temporary structure, stand, or mobile food unit. Both Administrative 90 consecutive days, renewable Definition added; year-round outdoor food sales allowed with renewable permit; same standards as temp events. Special Event Events occurring on City property or within public right-of-way Public Administrative Increased from one to two events per month per location; streamlined requirements for timed events. Sound Amplification Permit required for outdoor electronic sound system/audio equipment use after 10:00 pm Both Administrative Not later than 12:00 am Changed from Council approval to administrative permit using same criteria as Council. RESOLUTION NO. _____ CITY OF EAGAN APPROVING AMENDMENT TO THE 2017 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees listed below shall be effective immediately: • Outdoor Food Sales Permit: $25.00 • Cultural/Entertainment Event Permit: $25.00 Motion by: Seconded by: Those in favor: Those against: Date: November 6, 2017 CITY OF EAGAN CITY COUNCIL By:___________________________ Its Mayor Attest: ___________________________ Its Clerk Certification I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of November, 2017. _______________________________ Christina M. Scipioni, City Clerk Agenda Information Memo November 6, 2017, Eagan City Council Meeting OLD BUSINESS C.RECEIVE and act upon Report from Hearing Officer regarding Xcel Energy’s appeal from denial of Right-of-Way Permit Action To Be Considered: To continue appeal until December 5, 2017, to allow staff to review and re-evaluate its denial of the right-of-way permit based upon Xcel Energy’s submitted proposal to loop the gas line and to estimate reasonably anticipated use of Ames Crossing Road; or To receive and accept the report and recommendations of the Hearing Officer and deny Xcel Energy’s appeal. Facts: On October 17, 2017, the City Council directed that Xcel Energy’s appeal of the City’s denial of a right-of-way permit be submitted to a hearing officer who would make a report and recommendation to the City Council. On October 31, 2017, a hearing was held and conducted by Thomas J. Radio of Felhaber Larson Law Firm. On November 3, 2017, the hearing officer submitted its report and recommendation to the City, which is attached below. On November 6, 2017, Xcel Energy informed the City Attorney’s Office that it intends to submit preliminary plans that include the proposed gas line in Ames Crossing Road making a looping connection with other Xcel lines. ATTACHMENTS: (4) OBC-1 Hearing Officer Report & Recommendation OBC-2 Record considered by the Hearing Officer OBC-3 October 17, 2017 Draft Council Minutes and Packet Items OBC-4 November 6, 2017 Letter from Attorney for Xcel Energy In Re: City of Eagan Denial of Xcel Energy Right -of -Way Permit ID 18478 REPORT AND RECOMMENDATION I. INTRODUCTION This Report and Recommendation concerns the appeal of Xcel Energy (Xcel) from a denial by the City of Eagan (City) of Xcel's application for a right-of-way permit for Ames Crossing Road, Permit ID 18478 (Permit). The City denied the Permit on September 22, 2017. The City directed that a hearing on the matter be held before a Hearing Officer, who would make a Report and Recommendation to the City Council as part of its consideration of Xcel's appeal. The hearing was held on October 31, 2017. Xcel called one witness: Nathan Chilson, Xcel Energy, Manager Distribution Reconstruction Design. The City called one witness: Russ Matthys, Director of Public Works for the City. Both witnesses testified under oath and were subject to cross-examination. A court reporter transcribed the hearing. The hearing was conducted in accordance with Rule 1400.7800 of the Minnesota Rules. Xcel entered into evidence Exhibits 1 through 8.The City entered into evidence its Record as Exhibit 9. Exhibits 1 through 9 were received and reviewed and form the basis of this Report and Recommendation, along with the testimony at the hearing. 2547826.vl II. FINDINGS OF FACT 1. 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. Ex. 5. 2. On August 23, 2017, Xcel submitted an application for a right-of-way permit for installation of a natural gas distribution line on the east side of Ames Crossing Road between Vikings Parkway and Shanahan Way. Ex. 2. 3. Xcel's stated purpose for the Permit was to supply gas to 2900 Ames Crossing Road, for the Prime Therapeutics site. Exs. 1 and 2 4. On Septemer 22, 2017, Russ Matthys, City Public Works Director administratively denied the Permit on the grounds of public safety, the availability of space within the right-of-way, and the current and future use of the public right-of-way. Ex. 4. 5. Minnesota Energy Resources (MERC) has a natural gas distribution line on the west side of Ames Crossing Road from O'Neil Road to Lone Oak Road, which is of sufficient capacity to serve the Prime Therapeutics site. Ex. 7. 6. Nathan Chilson is the Xcel Manager for Gas Distribution Reconstruction Design, and has worked in that position for 12 years in the Twin Cities East Metro area. He is a registered engineer in North Dakota. Mr. Chilson submitted the Xcel Permit application. 2547826.vl 7. Russ Matthys is the Director of Public Works for the City. He is a registered engineer in Minnesota. He has worked for the City as its Engineer for 15 years and as its Director of Public Works for 5 years. He has over 27 years of experience in managing utility right-of-way. Mr. Matthys issued the denial of the Xcel application for the Permit. 8. Mr. Chilson testified that the routing of the gas line on Ames Crossing Road was proposed because other routes were more expensive due to the need to obtain private easements and presented scheduling problems in meeting the demand of Prime Therapeutics for the supply of gas. Mr. Chilson did not testify about the amount of the increased costs, the extent of the potential delay, or the feasibility of alternate routes. Mr. Chilson testified that Xcel had plans to include this gas line in a looping connection to other Xcel lines, but did not provide any information concerning the timing of the plan and admitted that such information was not included in the application or subsequent submissions, even though the City requested the proposed looping information. 9. Mr. Matthys testified that up to 19 separate utility lines could be placed in the Ames Crossing Road under current codes and practices, and that the MERC gas line, an Xcel electrical line, a telephone line, and maybe a fiber optic line were the only utility lines currently in the right-of-way. 10. Mr. Matthys testified about the future development in this part of the City that will require substantial utilities and that the Ames Crossing 2547826.v1 Road would be the most likely route for utilities to connect to the development area. The City has provided preliminary approval for 200 acres of development, which will have substantial need for utilities, particularly fiber optic lines. The City is charged with responsibility and authority of managing its public right-of-way to insure adequate provision of utilities. Mr. Matthys concluded that the denial of the Permit would be in furtherance of the goal of providing utility service to the development area. III. LEGAL CONCLUSIONS 1. Minnesota Statutes § 237.163 authorizes local govenmental management of public rights-of-way, but limits such authority and requires that local governments exercise right-of-way management on a reasonable and competitively neutral basis. It specifically requires that local govenments manage fees and other right-of-way obligations on a competitively neutral basis. Xcel failed to establish that this portion of Minn. Stat. § 237.163 applies to this application because it neither involves fees nor other right-of-way obligations. Even if § 237.163 does apply, Xcel failed to establish that the City failed to act in a competitively neutral basis in its denial. Minn. Stat. § 237.163.subd. 4(b) does authorize the City to deny an application for a right-of-way permit to protect the health, safety, and welfare or when necessary to protect the public right-of-way 2547826.v l and its current use. As stated below, the City failed to establish a factual basis to support denial on grounds of protecting public health, safety, and welfare, or its current use. 2. City Code § 7.06 is the City's Right -of -Way Ordinance and applies to excavations and obstructions with public right-of-way for public utilies. The City may deny a permit for the reasons stated in § 7.06, subd. 5(C), which includes, among other reasons, the following: (1)Protection of the public health, safety,and welfare; the extent of public right-of-way area available; and the competing demands for the particular proposed area space in the public right-of-way. The Director relied upon these grounds in § 7.06, subd. 5(C)(7)(a)(b) for denial of the Permit: a. The Director's stated concern for public safety in his letter of denial and Director's Reasons for Denial was not established by facts in the record as he conceded that the up to 19 lines could be placed in the Ames Crossing Road right-of-way under existing codes and practices, and that the only utilities in the right-of-way were the MERC gas line on the west side of the road, an Xcel electrical line, a telephone line, and maybe a fiber optic line. Since the Xcel gas line was proposed to be installed on the east side and would be separated by at least 44 feet from the MERC gas line, there is no factually supported threat to the public health, safety, and welfare from installation of the Xcel gas line. b. Regarding the applicability of § 7.06, subd. 5(C)(7)(a), the Public Works Director admitted that under current codes and standards up to 19 separate utility lines coud be placed in the Ames Crossing Road right-of-way and that the only existing lines were the MERC gas line on the west side of the road, and three other utilities. Thus, there is no factual support in the record to support denial under this factor. C. Regarding the applicability of § 7.06, subd. 5(C)(7)(b), the Director may deny a permit if there is a reasonable basis to 2547826.v 1 conclude that competing demands for the particular proposed area space in the public right of way may be affected. The Director described his concerns on this point in Exhibits 4 and 7 and his testimony. Xcel did not present any evidence at the time of the application of any looping plan for its gas line, even though the City requested that information. Mr. Chilson testified that Xcel did intend to connect the line to the south of the Prime Therapeutics location as part of a looping plan, but did not provide any documentation or testimony as to the timing of such a plan. The Director's denial of the Permit on this ground is reasonable and established by evidence in the record and his judgment as to the competing demands for space in this right-of- way based upon his 27 years of experience as a municipal engineer and Director of Public Works. The Director did, however, testify that a looping plan by Xcel might change his opinion and decision on this factor. Minnesota Statutes § 15.99 requires that certain government agencies must act on a written request relating to zoning within 60 days of the request, or it is deemed approved. Section 15.99 does not apply to this appeal as Xcel failed to establish that its right-of-way application related to zoning. Xcel'a counsel acknowledged that they are unaware of any court decision supporting such its position. IV. RECOMMENDATION Based upon the foregoing, it is my recommendation the City Council table the appeal of Xcel and refer the matter to the Public Works Director to allow: (1) Xcel to submit information for its current looping plans for the proposed gas line to connect to its other lines in the area; (2) the Public Works Director to prepare an estimate for the 2547826.vI reasonably anticipated use of the Ames Crossing Road right-of-way for other utilites due to increased development in the surrounding areas; and (3) the Public Works Director to re-evaluate the denial of the Permit based upon this additional information. This option could allieviate the potential for expensive, distracting, and protracted litigation, and produce a mutually beneficial decision for both the City and Xcel. In the alternative, I recommend that the City Council deny the appeal and affirm the Director's denial of Permit ID 18478 as reasonable and supported by credible evidence in the record. Dated: November 3, 2017 FELHABER LARSON By: /s/Thomas J. Radio Thomas J. Radio, # 137029 220 South 6`' Street, Suite 2200 Minneapolis, MN 55402 Telephone: 612-373-8559 tradio@felhaber.com 2547826.v1 ' .'cel Energy - NATURAL. GAS COMPETITIVE AGREEMENT This Natural Gas Competitive Agreement made this 15th day of August 2017 between Northern States Power Company, a Minnesota corporation ("Xcel Energy"), 414 Nicollet Mall, Minneapolis, Minnesota 55401, and Its successors, and United Properties El Minnesota Company (the "Owner/Developer") (collectively, the "Parties"), This agreement is only valid if signed within 90 days from the date above, The Owner/Developer owns and is developing property located in Eagan , In the County of Dakota , State of MN , and desires to have Xcel Energy install natural gas main and services to serve the property (the "Project") which Is described more specifically on the neap or plat attached hereto as Attachment A, and Incorporated herein by reference. Xcel Energy is a natural gas public utility and desires to provide service to this property. Therefore, the Parties agree as follows: 1. Xcel Energy agrees to Install natural gas main and services to serve the Project. The Owner/Developer represents and warrants to Xcel Energy that it is the owner, or authorized agent of the same, of the property utilized for the Project. Therefore, in consideration of Xcel Energy's agreement to design and install the natural gas service for the Project, the Owner/Developer grants Xcel Energy the exclusive right to transport natural gas to all residential, commercial and Industrial structures of any kind within the Project. If another entity transports natural gas to any Structure within the Project, then the Owner/Developer will reimburse Xcel Energy for its costs in the design and installation of its natural gas main and services, 2. All natural gas mains and/or services installed by Xcel Energy shall be and shall remain the property of Xcel Energy, and neither the Owner/Developer nor any contractor of Owner/Developer shall acquire any right, title or interest in any gas main and/or services Installed under this Agreement. The Owner/Developer will grant to Xcel Energy all easements necessary for the installation and operation of all natural gas mains and other facilities, as requested by Xcel Energy. 3. It is understood that any incentives offered to the Owner/Developer by Xcel Energy are contingent upon the number and type of customers and respective loads the Owner/Developer has represented to Xcel Energy will exist In the Project. For the Project, the Owner/Developer represents the associated customers and loads areas follows:. 19520 CFH All structures In the Project, will utilize natural gas for space heating, unless specified herein: N/A Any change in the customer count or type may constitute a revised offer to the Owner/Developer from Xcel Energy. 4. The Owner/Developer warrants that It has full right, power and authority, and has received all required ap_p _Vila tsa�nter into this Agreement, to construct the Project and to perform fully its obligation hereunder. 5. The Owner/Developer may not assign this Agreement, This Is the complete Agreement between the Owner/Developer and Xcel Energy and it may not be changed .except in writing and signed by both parties. The laws of the state where the Project is located govern the terms of this Agreement.. 6. Xcel Energy agrees to maintain in good standing all government licenses, permits and other authorizations granted by any governmental agency or department which are necessary for it to fulfill its obligation hereunder. Xcel Energy will provide services In accordance with all applicable laws, ordinances, codes and regulations, Xcel. Energy shall also, at its expense, maintain all natural gas mains it installs and services It provides. Xceffinergy® 7. Additional terms, if any, are included in Attachment B, which Is Incorporated herein by reference. Natural Gas Promotion Allowance* - Xcel Energy agrees to allocate $ 25,000 towards the cost of natural gas equipment or other promotional costs associated with Boulder Lakes and approved by Xcel Energy. ("Promotional dollars should be used for programs that would be mutually beneficial to United Properties , their partners and Xcel Energy.) Owner/Developer )J J — V to Pl yT (NAME) United Properties (COM AMY) 1 dLL-67- IAALl- /140 Q699»Amerlean-avd- W- (ADDRESS) Minneapolis, MN,,664-3+ (CITY, STATE, TIP CODE) SIGNATURE: PRINT FULL DATE: Form 17-1906 Northern States Power Company, a Minnesota corporation ("Xcel En orgy") Christopher W. Conrad Director, Large Account Management 825 Rice Street St. Paul, Minnesota 55117 SIGNATURE: " a PRINT FULL NAME: Christopher W. Conrad DATE: 15-Au9-17 0 celEnergy 826 We Street Saint Paul, MN 65117-6485 RESPONSIBLE BY NATURET11 Attachment B Natural Gas Marketing Proposal, United Properties: Boulder Lakes To. United Properties: Boulder Lakes From Xcel Energy: Torre Flelland; Gas Business Development CC: Xcel Energy: Scott Hults, Gas Business Development; Chris Conrad, Account Management Date. 8/15/17 Rol Proposal: United Properties — Boulder Lakes Xcel Energy is excited to partner with the United Properties on your project to develop the Boulder Lakes office site off of Ames Crossing Road In Eagan. Xcel Energy's proposed partnership plan for the. Eagan Site is listed below for Your review and consideration. When creating this proposal, our goal Is to provide you with information on how natural gas from Xcel Energy will be your most cost effective resource. 2017 Competitive Incentive $26,000 Promotional Incentive $12,600 Annual gas rate savings $ 7,600 Potential tax reduction $ 22,600 Conservation Re ate esti ate — FDA gonservatIgn program) $65,000 in 1X Incentive benefits $12,600 ongoing annual savings We recognize new projects have start-up costs, Xcel Energy will provide United Properties the following: PromL)tloaal Incentive = $26,000, $12,600 initial promotional Incentive upon receipt of signed Competitive Agreement for Xcel Energy to provide natural gas to the Boulder Lakes office development, and $12,600 promotional Incentive after consumption of 100,000 therms of natural gas usage from Xcel Energy in any of the development phases for Boulder Lakes office site (it's anticipated that United Properties would consume this amount of natural gas In I year and the 04 incentive payment would be made as soon as this threshold was met). Attachment B - Natural Gas Marketing Proposal, United Properties; Boulder Leake Eagan Site (Continued) page Z Considerations and Benefits Total anticipated value to United Properties from choosing Xcel Energy natural gas may exceed $67,600 as follows: ■ $25,000 in promotional incentive that can be paid directly to United Properties or used for promotional signage, or events that benefit L)nited Properties and Xcel Energy upon consumption of 100,000 therms by the Boulder Lakes office development ■ $12,500 in estimated annual rate savings with Xcel Energy natural gas vs. other natural gas distribution company options, Natural gas conservation rebates from Xcel Energy through Energy Design Assistance Assuming a greater than 5% reduction in natural gas usage through EDA Bundle choices — a rebate estimate for each bundle option is: Bundle 1 - $17,800 Bundle 2 - $16,250 Bundle 3 - $22,500 (based on EDA report of Gas Savings for each Bundle from March 2017) ■ Single monthly bill for natural gas and electric ■ Account manager assigned to assist with energy management, customer service ■ Joint trench gas and electric utility installation of mains & service, Including waiver of one utility fee during winterjoint construction conditions ■ Xcel Energy logo to be incorporated with project signage as appropriate and agreed to by both parties To accept this proposal, please refer to the enclosed Competitive Agreement. Once the agreement is signed and received, Xcel Energy will do the following: ■ Issue a check to United Properties in the amount of $12,500 or credit towards utility facilities ■ Confirm conservation rebate estimates and provide further detail on natural gas conservation programs ■ Follow up on additional $12,500 (issue a check or credit towards utility facilities) once 100,000 therms is consumed by the office development. rt,` •la https:%i;ci.1ct o.dakataml.ui/OneStopRoadwayPeimitiSQns•rlictt.•,y4hh';ha:yZoa,l?!!lSearch.aspx P AG l�ludroberlst- Goggle Search I?�One Stop Roadway Permit i. I�- Rvmng W -Y-4 4'r".. ® Suggested 5t-. 4-d &7 Yoh— Lf Goo* Map ® Map ply Distance Cine Stop Roadway Permit Shop 41' Burnsville Mimsd 04 , EXHIBIT A CSP. 7 1''11 -] i -'I o)t - Page- Safety- Taols- fry 9,:1m.1 Retial to WorkPlace Page UN . Results e] U N 1 1 **fee MlyRigNof CllyofEaaan %cdE—gy W Lynau8n8217]40171111�7817 1920.00S.00 1 it way f erma Valley 41' Burnsville Mimsd 04 , EXHIBIT A CSP. 7 1''11 -] i -'I o)t - Page- Safety- Taols- fry 9,:1m.1 h-ttps 5eg.ice.,.co.dakata.mn,usl(JneStol)Pc-bcl.a)Periiiit,iStins-:liczt3,-Iifih3diaiq2ovi2i,'UpdatePermit,aspx?permit[cl=1847fU'II 1224 mhert st - Google Search One Stop Roadway Permit �.. :"c Eb:t - F."., as rcels —1c W)Rumlng.V1aIIdngCycKm- M Suggested Sites w JMxPfts$W Uvahoo ff(ioegleMarys O MMP My Distance One Stop Roadway Permit Shop Portrait Update: Applicant Information D u 4 r Bill Lynaijgh 990 3000 Maxwell Avenue Apple,, Newport, MN 65055 Va ey wJhauLlynaugh@)wefanoW.corn Payment Information Fee DUB Arwrett Paid Paymert Method 1eq- Bi6r—nms V i I I Payment Reference No Return to VlWWlace Return to Search Xcell Energy (651)458-4463 (651)328-4358 "'Nota: I ieldr in otuv (it,are N01 ytidaleable"" 1820.00 Billed �Cfi..t jBilled Client 18478 11.1tility Right of Way Permit 81-2312017---- JT1-11412017 rJ Permit ReasonWillity Type GAS Read NanteImms CROSSING air akmWacmss staffing Stmett Job Ko. 112586987 M.- in feet from canWhEne, or ROW VARIES (ex B feat from center Nearest cress street JSHANAHMWAY pw)act lotaw in town or cily(ies) of EAGAtt lotal pro"ect toftip M4 Staft PAIL- EXHIBIT AnIq0117 !—"UWYYYY - 0 - 1, i Q) - Page • Safety Y Tools - 0 A IGO% , Permit Informadon erm, I P 'I d Pani Type Permit Application Date: City Of ERLMJ Expiali- Dale Return to VlWWlace Return to Search Xcell Energy (651)458-4463 (651)328-4358 "'Nota: I ieldr in otuv (it,are N01 ytidaleable"" 1820.00 Billed �Cfi..t jBilled Client 18478 11.1tility Right of Way Permit 81-2312017---- JT1-11412017 rJ Permit ReasonWillity Type GAS Read NanteImms CROSSING air akmWacmss staffing Stmett Job Ko. 112586987 M.- in feet from canWhEne, or ROW VARIES (ex B feat from center Nearest cress street JSHANAHMWAY pw)act lotaw in town or cily(ies) of EAGAtt lotal pro"ect toftip M4 Staft PAIL- EXHIBIT AnIq0117 !—"UWYYYY - 0 - 1, i Q) - Page • Safety Y Tools - 0 A IGO% , 'chaps://services.co.dakata.mn,us10ne5topFoadt-.s Permrt+(Sonsvhcrt3vyihh3dm:g2o,v12l�lUpdatePermd.aspztpemiitld-1Sd7:0' A0 31224robertst-Google Search One St" Roadway permit S.... :ile Edit a Faro.'itc Tact= ,F k] Rwm in% W@%Mn Cyck.- ® Suggested Sites • J01 XpuasNET IN Yahoo rs!a Google Maps ® Map My Distance total p ecl footage Start Date Completion Date Construction Information New Development? New Construction? Repair/Replacement? Main? Service DropROSENIOl,Aj ,PoinS Trench? --FIIktLSOtA Aerial Construction Other - minimum height of conductor hey (feet) at crossings over hwy Underground Construction Type Size Depth Method of Instaution Under Roadways Along Roadways Contractor Information 13012017 CJ (mmiddiyyyy - format) 1/1412017 (mmiddiyyyy ffoormat) check for yes, leave blank for no check for yes, leave blank for no ❑ check for yes, leave blank for no ® check for yes, leave blank for no ❑ check for yes, leave blank for no ❑ check for yes, leave blank for no Se-- lect One — v ----- Select One Conduit ❑ Casing ❑ [PE . I p- AND 4 1 3' Boring v Boring �� SELF ivl Company Name Contact Name [cel EnergyBill Addaess Lynaugh 3000 Maxwell Avenue City State Zip Code New -port MN 5 5055 Phone Number Fax Number (651)458-4453 Other BILL LYNAUGH 651 328 4358 — — EXHIBIT A c:tt A • ® . LJ 6 . pager Safaty • Tools, 0, (lam h sJ/services.co.dakota.mnus/one5ta I'o,rii..e,Perm$/{S nsvhcztiv hh3dnv: �ur.12]j?U datePermil,as x7 ermitli_19Ji: _-- -_--- .. i' ... _........... �'. __.. P....._..- . P p Q L' v 1220 robert st -Google Search One Stop Roadway Permit S.. Vi::, fo,erac% I 11 Running, Wally¢ Cyclin. ®Suggested Sites � ?�j) Xpm0*T Wi Vdwo C Google Maps ® Map My Distance Contractor Infom sdon SELF LuJ Xcel Energy Company Ntane_ Contact Nttme _ Xcel Energy 7 Bill Lpnaugh Address r__---—" 3000 Maxwell Avenue Newport MN 55055 v City State Nev:port — MN Phone Number Fax Number [(651j45&4453 _.J Other BILL LYNAUGH 651 328 4358 Owner Information Zip Code 55055 Owner Company Xcel Energy Owner Contact Name jBill Lynaugh Owner Address F-- 3000 Maxwell Avenue n r__---—" Newport MN 55055 v Owner Telephone Number 16514684463 Installation Plan Installation Description SEE ATTACUD DE GU n sEEM1. ZNS'rAY.3. AT y Installation Attachment has attachment Vew/Addloetele Attachment installation plan atlachmartt Approval Section Permit Approved 11 Issue Date F-- Other Requirements r__---—" Date at Closure— Note. Ctf Contact ISELECT v CA1 Email select@value.com rupdate Permd EXHIBIT A ani A - I@ o CSI 46 - Page- So*- Took- 4 _2 it x std; + 9Mit as JNISSUO S3W`d I ` as JNISSUO S3W`d n Lynaugh Jr, AMINarn P From: Lyraugh Jr, iArlliam P Sent Friday, September 08., 2017 3:04 AM To: 'Dave Westermayer Subject RE Permit No.16326 Thanks Dave I do want to add one note, for what it's worth: I know Frattatone/the CiWetc wants to start installing paths and general landscaping at the East roundabout area relatively soon. I did mention this to Date a couple of weeks ago at the weekly meeting, but wanted to reiterate that t do have the material personal, etc to start in this area soon as to avoid conflicts and or disruption with the finishing of the roundabout area. Thanks again, Bill. From: Dave Westermayer jmalfto DWestermayer@a cityofeagan.comj Sent: Thursday, September 07, 2017 4:38 PM To: Lynaugh Jr, Wr,lllam P Subject RE: Permit No. 16326 XCEL ENERGY SECURMY NOTICE 11iis email originated from an external sender. Exercise caution before clicking an anu links or attachments and consider whether you know the sender_ Formore information please visit the Phishinenaeeon XoressNEr. HI Bill, My apologies forthe delay in your permit It is a complicated project and is still being reviewed- The review process has been slowed down due to several staff that need to took at it being out of the office last week at a conference, I hope to hear something soon and will let you know as soon as I hear something. Thanks for checking in! Dave %krestermayer, CPII City of Eagan Engineering Technician 651-675-5641 dwesterma-verf@cityof-aean.com- �' P.225?, cansidef titre envlranment 6efere printing chis emtit. Froth: Lynaugh Jr, William P fmailto:WilliamlynaughCuxcelenerM corn Sent Thursday, September 07, 2017 2.56 PM To: Dave Westermayer Sedlacek, Jake Subject RE: Permit No. 16326 Hey Dave, any update yet on the new permit along Ames Crossing (18478). Thanks again, Bill. From: Lynaugh Jr, William P Sent: Wednesday, August 30, 2417 4:41 PM To: `Dave Westermayee Subiect: RE: Permit No. 16325 Good news, thanks. From: Dave Westermayer(mailto:DWestermaveroc!tvofeaoa;i.coml Sent: Wednesday, August 30, 20171:50 PM To: Lynaugh Jr, William P Subject: RE: Permit No. 16326 XCEL ENERGY SECURITY NOTICE:: This email originated: from an external sender Exerdse caution before clicking on any linksar attachments and consider whether you know the sender. For moreinformation please visit the Phishing page on XpressN£r. F,i Bill, I just checked with our finance people and they did receive the payment on August 25. We are still reviewing permit 38478. Public Works management has been out of the office all geek at a conference, they Will be back tomorrow. Thanks! Dave Westermayer, CPU City of Eagan Engineering Technician 651-575-5541 dwestermayer,@citvofeagan.com Rease mrsiderthe environment before prinlina this From: Lynaugh Jr, William P rmailto:William.Lynauahfmxcelenerrw.mm] Sent: Wednesday, August 30, 2017 11:25 AM To: Dave Westermayer Subject RE. Permit No.16326 Dave; I tried calling a couple of times, anywa}s, couple of things: 1, Any progress on payment for the permit below? 2_ is there update on the permit I submitted foralong Acnes Crossing (13478)? Thanks. From: Dave Westermayer jmailto:DWes ermayerlolatyafeagan.co Sent: Monday, August 28, 2017 8:37 AM To: Lynaugh Sr, William P Subject: RE: Permit No. 16326 XCEL ENERGY SECURfTY N€3TKE: This email Dewinated from an external sender. Exercise'caution before dicking on any links or attachments andconsider whether you know the sender. For more information -please Visit the Phishinypage on XEessNEF. 2 � v j September 22, 2017 Mika Magulro Mayor . RE: TJtility Right -of Way permit ID #18478, Xcel Energy Paul Bakken boar Bill Lyngugh: 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 , gam to' Pyime Counoll Member$' Therapeutics. MERC cutTandl has a natural *'distribution linedao the west side of Amos.Crbssing Roach prom O'Neill Road to Lono •oak Iniad that is suffiatent to supply statural gas to :Primo Therapeutics, just as it prescntiy.:serves M180 and the other Dave Osberg propertlos adjacent to the primie Tlaorapeutics .site. City Administrator . Eagan City Cade :§ 7,06, subd. 5(C) states that "the City may deny a Hermit for any reasons: 7. The proposed project is adverse to the public health, safety ,and welfare, by interfering with the sooty .and convenience of ordinary Municipal Center travel .or the public right of way, or endangers the public right-ofway i 9800 Pilot Knob Road and its users based an one or more of the following factors; Eagan, MN 136122.1810 (a,) the extant of public right -of way available; 01.675.6000 phone (b) -the cdmpothig demands for the pardcular.proposed area 651.675.5012 tax space in the public right -of way :. . .661,464,8635 TDD The City has a public safety concern due to what would be a non-standard practice for there to be two gas trains installed within the same public right-of-way. The placement of two natural gas inains within the same public right-of-way is unexpected in.Eagan and Melntanance Facilitythroughout ,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 135122 activity in the area. 651.675,6300 phone 651.676,5060 fax The public right-of-way is a limited space for the benefit of the public. Pu(lio access to such right-of-way provides for ingress and ogress for the adjacent property owners, as 661,464.61536Tgp well as the transporting of goods to and h-om private property. The placement of utilities within the right-of-way places a hold on a :four ,foot wide stripr (two feet on either side of the installed utility linea of the right-of-way that is unavailable for any future use by other www.cityoieagan.com provider's fhr the benefit of the public. Duplicative Installations of utility product lines limit the opportunity far future .installations for the transporting of new or upgraded utility produvts. The City has numerous existing right-of-way corridors where the space for utility lines within the right-of-way is already rnaximized..Any fature installations ora such alignments will roquit°o the utility provider to acquire easements, which is both expensive for the provider and litmiting for the right-of-way authority if future expansion The Lone oak 7tee of the right-of-way is needed. `fha symbol.of etran h o sgrowth Where is no apparent need ;for Xcel Energy'to install this segment of gas line for system operation purposes as it would be a dead end litre, solely for the purpose of providing In our bommunity, service to Prime Therapeutics. For the reasons stated above addressing both the protection ofpublio safety and the cm -rent and future iise of the public right-of-way, the Xcel Energy gas right-af way permit application. on Acnes Crossing Road, south of Vikings Parkway, is hereby denied, Tease contact me with any questions. Sincerely, P" V4-' �> Russ Matthys, P.E. Director Public Works Dopartra6xxt C: Dave Osberg, City Administrator blob )Bauer, City Attorney John Gorder, City Engineer Dave Westbrmayer, Engbicoring xechniolan Patrick Cline, Xcel Energy Jake Sedlacek, Xcel Energy CITY Or, EAGAN ORDINANCE NO. ;ffa- AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, GRANTING NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE,, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSMISSION AND SALE OF GAS FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF EAGAN, MINNESOTA, FOR SUCH PURPOSE; AND) PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF The City Council of the City of Eagan, Dakota County, Minnesota, ordains: GAS FR, 4 NCUISE L DEFINITIONS, For purposes of this chapter, the following definitions shall apply -unless the context clearly indicates or requires a different meaning. ABANDONED FACILITY. As defined in the Eagan City Code, Section 7.06, as amended from time to time. CITY. The City of Eagan, County of Dakota, State of Minnesota, CITY UTILITY SYSTEM. Facilities used for providing public utility service owned or operated by the City or agency thereof, including sanitary sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, electric, gas, or other forms of energy. COMAHSSION. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or pail of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. COMPANY. Northern States Power Company, a Minnesota corporation, its successors and assigns, including all successors or assigns that own or operate any part or pails of gas facilities subject to this franchise. GAS FACILITIES. Gas facilities means anything tangible, including equipment, which is required to provide gas utility service. NOTICE Notice means written notice personally delivered or mailed by United States Mail to the proper addressee. Notice to the Company shall be addressed to: Notice to the City shall be addressed to: General Counsel 401 Nicollet Mall, 811 Floor Minneapolis, MN 55401 City of Eagan Attn: City Clerk 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer F.A. Attn: Robert B. Bauer, Esq. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 PUBLIC GROUND. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. PUBLIC RIGHT -Ori -WAY. As defined in the Eagan. City Code, Section 7.06, as amended from time to time. TOTAL COST OF OWNEM,S'HIP. The cost to the Company for owning and maintaining an overhead or underground line. The cost is based on statistical data and includes design, labor, material, maintenance, locating, taxes and the life expectancy of the line. UTILITYSERVICE,. As defined in the Eagan City Code, Section 7.06, as applicable to the gas utility service. II. GRANT OF FRANCI USE. (A) Grant of fi-anchise. 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 publid and private use within and through the territorial limits of the City as its boundaries now exist or they may be extended in the future: For these purposes, Company 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 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. (B) affective date; Written acceptance. This fianchise shall be in force and effect from and after the effective date of this ordinance. If the Company does not file a written acceptance with the City by the acceptance deadline, which shall be 60 days after the effective date, or otherwise informs the City, at any time, that the Company does not accept this franchise, the City Council by resolution may revolve this fianchise or seek its enforcement in a court of competent jurisdiction. 2 (C) Service, service territory and gas rates. The service to be provided, the service territory and the rates to be charged by Company for gas service within the City are subject to the jurisdiction of the Commission. (D) Publication expense. Company shall pay the expense of publication of this ordinance. (E) Dispute resolution. If the City or Company asserts that the other is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties shall jointly select a mediator to facilitate further discussion. Mediation must occur within 90 days after selection of the mediator. The parties will equally share the fees and expenses of the mediation. If the parties are unable to agree on the selection of a mediator or are unable to resolve the dispute within 90 days after first meeting with the selected mediator, either party may commence an action in Dakota County District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. The mediator shall not be permitted to testify and no evidence of statements or documents used in the mediation shall be admitted in the district court action. (F) Continuation of franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written notice to the other party of its intention to terminate the franchise. 1I1. LOCATION, OTHER REGULATIONS. (A) Location of facilitles. Gas facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over public rights-of- way and so as not to disrupt normal operation of any City utility system. Gas facilities shall be located on public rights-of-way as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of gas facilities shall be subject to the public right-of-way regulations set forth in the Eagan City Code and other reasonable regulations of the City consistent with authority granted the City to manage its public rights-of-way under state law. (B) Street openings. Company shall not open or disturb public grounds or the surface of any public rights-of-way for any purpose except in accordance with the public right-of-way regulations as set forth in the City Code. (C) ..Restoration. After undertaking any work requiring the opening of any public right-of- way, the Company shall restore the public right-of-way in accordance with Minnesota Rules, part 7819.1100 and the public right-of-way regulations set forth in the Eagan City Code and other applicable City Code provisions. (D) Avoid damage to gas facilities. The Company shall take reasonable measures to prevent the gas facilities from causing damage to persons or property. The Company shall take reasonable measures to protect the gas facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The Company shall take protective measures when the City performs work near the gas facilities, if given reasonable notice.by the City of such work prior to its commencement. (E) Notice of improvements to streets. The City shall give Company reasonable written notice of plans for improvements to public rights-of-way where the City has reason to believe that gas facilities may affect or be affected by the improvement. The notice will contain: (1) the nature and character of the improvements, (2) the public rights-of-way upon which the improvements are to be made, (3) the extent of the improvements, (4) the time when the City will start the work, and (5) if more than one public right-of-way is involved, the order in which the work is to proceed. The notice provided to Company shall set forth a reasonable length of time, considering seasonal working conditions and the City's need to complete its public improvement projects in a timely manner, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its gas facilities the Company or City deems necessary. (F) Mapping information. The Company must promptly provide complete and accurate snapping information for any of its gas facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100 and Eagan City Code public right-of-way regulations. (G) Shared use of underground trenches. The Company shall make space available in its underground trenches for City communications circuits whenever the use will not interfere with the use of underground trenches by the Company, by another gas utility, by a telephone utility, or by any cable television company or other form of communication company. • (H) Tree trimming. The Company may trim all trees and shrubs in the public ways and public grounds of the City interfering with the proper construction, operation, repair and maintenance of any gas facilities installed hereunder, provided that the Company shall indemnify and hold the City harmless from any liability arising therefrom, and subject to permit or other regulation by the City. (1) Maintenance of facilities. The Company shall maintain in a neat and orderly manner all above ground structures and shall take such steps as may be directed by the City to have all such structures maintained in an aesthetically pleasing manner. IV. RELOCATIONS. (A) Relocation in public rights-of-way. The Company shall comply with Minnesota Rules and Eagan City Code public right-of-way regulations and other City Code provisions. Pursuant to Minnesota Rules 7819.3 100, Company shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right- of-way when it is necessary to prevent interference, and not merely for convenience of the City, in connection with: (1) a present or future local government use of the right-of-way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the right-of- way. Notwithstanding the foregoing, Company is not required to remove or relocate its facilities 4 from a right-of-way that has been vacated in favor of a nongovernmental entity unless and until the reasonable costs to do so are first paid to Company. (B) Relocation of gas facilities in public ground. Except as may be provided in Section (C) below, the City may require the Company to relocate or remove its gas facilities from. public ground upon a finding by the City that the gas facilities have become or will become a substantial impairment of the public use to which the public ground is or will be put. The City will provide an alternate location in public ground or a public right-of-way for the Company to relocate its gas facilities. The relocation or removal shall be promptly done at the Company's expense. The provisions of this section apply only to gas facilities constructed on public ground in reliance on a franchise and the Company does not waive its rights under an easement held by the Company. (C) Projects with federal funding. Relocation, removal, or rearrangement of any Company gas facilities made necessary because of the extension into or through City of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.45, as amended from time to time. V. INDEMNIFICATION AND LIABILITY. (A) Limitation of liability. Upon the effective date of this ordinance, the City does not assume any liability (1) for injuries to persons, damage to property or loss of service claims by parties other than the Company or the City, or (2) for claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by the Company or its agents. (B) Indemnification. Company shall indemnify and 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 ground or public right-of-way, or out of any delay thereof, whether or not any act or omission complained of is authorized, allowed or prohibited by 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 any permit or in failing to properly or adequately inspect or enforce compliance with a term, condition or purpose of a permit. (C) Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company, at its sole cost and expense, shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, 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 in its own behalf This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. (D) Delay damage fee, The City may establish and impose a damage fee for unreasonable delays in completion of any right-of-way excavation, obstruction, patching, restoration, removal, or relocation. The delay damage fee shall be established fi-om time -to -time by a resolution of the City Council based upon its reasonable estimation of the actual costs that would be incurred due to any delay, the actual amount being undeterminable. The Company shall be advised in writing by facsimile, with the original to follow by U.S. mail, of the perceived delay and of the period within which the work must be completed to avoid a delay damage fee. Disputes shall be handled in accordance with paragraph II(E), dispute resolution, hereof. A delay damage fee shall not be imposed if the delay in project completion is clue to circumstances beyond the control of Company, including without limitation inclement weather, acts of God, or civil strife. VI. VACATION OF PUBLIC RIGHTS-OF-WAY. The City shall give Company at least three months prior written notice of a proposed. vacation of a public right-of-way where such vacations include company's facilities; company will receive at least two weeks prior written notice of all other right-of-way vacations. The City and the Company shall comply with Minnesota Rules and applicable provisions of Eagan City Code right- of-way regulations and other City ordinances consistent with law. VII. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this ordinance. VIII. FRc NCHISE FEE. (A) Form, During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (1) a percentage of gross revenues received by the Company for its operations within the City, or (2) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (3) a fee based on -.nuts of energy delivered to any class of retail customers within the corporate limits of the City. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (1) — (3) above in assessing the fee. The City shall use a formula that provides a stable and predictable amount of fees and complies with Commission rules and orders and Company tariffs. (13) Separate ordinance. The franchise fee shall be imposed by separate ordinance duly passed and adopted by the City council, which ordinance shall not be adopted until at least sixty (60) days after written notice enclosing the proposed ordinance has been served upon the Company and in compliance with Company's Commission notice requirements. The effective date of the fianchise fee shall be specified in the proposed ordinance. (C) Conditions of fee. The City may impose a franchise fee on the Company to recover the cost of specific public projects which it orders from time to time that involve gas utility work of the Company. Any franchise fee imposed for a specific project after the effective date of this Ordinance shall expire upon the date that the cost of the Company's gas utility work associated with the project has been paid for, A franchise fee for any other purpose shall not be imposed on the Company, unless the same franchise fee is also imposed on all other energy suppliers providing service within the City. (D) Collection of fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed fi-om time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. (E) 'Continuation of franchise fee. If this franchise expires and the City and the Company are Curable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new fianchise is agreed upon. IX. ABANDONED FACILITIES The Company shall provide advance written notice to the City when gas facilities are to be retired or replaced by the Company. Removal, retirement or replacement of Company's facilities shall occur in the Company's own discretion. Company shall at its own expense retire, replace or remove said gas facilities. The Company shall comply with applicable provisions of the Eagan City Code public right-of-way regulations, as well as other City ordinances, to the extent those ordinances and regulations do not conflict with Minnesota Statutes, Minnesota Rules, and. Minnesota Public Utilities Commissions orders as they may be amended from time to time in connection with any Abandoned Facilities. The Company shall maintain records describing the location of all Abandoned Facilities within the City, produce such records at the City's request and comply with the location requirements of Minnesota Statutes Section 216D.04 with respect to all Facilities. The Company shall remove the Abandoned Facilities at the Company's expense if requested by the City in conjunction with any City repair, excavation or construction in the road right-of-way or in City easements. Such removal of Abandoned Facilities shall allow Company sufficient and reasonable time to remove such gas facilities. If the Company does not remove the Abandoned Facilities pursuant to this Section in a reasonably timely manner, the City may remove the Abandoned Facilities and the Company shall promptly reimburse the City for the reasonable costs that the City incurred in connection with removal of the Abandoned Facilities. X. RE PLACE, D .FACILITIES. At any time the Company replaces its facilities, the Company shall, at its own expense, remove the facilities being replaced. 7 XI. PROVISIONS Or ORDINANCE,. (A) Conh oll ing ordinance. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of gas facilities shall be subject to the City's right-of-way management ordinance. Where a provision of any City ordinance conflicts with the provisions of this ordinance, the provisions of this ordinance shall prevail. (C) Limitation on applicability. This ordinance constitutes a franchise agreement between the City and Company as the'only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. (D) Special Conditions. All conditions specified in Section 2.72 of the Eagan City Code shall be a part of this Agreement even though they may not be expressly contained herein, including: A. That the Company shall be subject to and will perform on its part all the terms of this section and will comply with all pertinent provisions of City Code, as the same may from time to time be amended. 13; That the Company shall in no case claim or pretend to exercise any power to fix fares, rates, and charges; but that such fares, rates, and charges shall at all times be just; fair and reasonable for the services rendered and shall in all cases be fixed and from time to time changed, unless regulated by an agency of the state, in the manner following: 1. A reasonable rate shall be construed to be one which will, with efficient management, normally yield, above all operating expenses and depreciation, a fair return upon all money invested. 2. If possible, maximum rates and charges shall be arrived at by direct negotiation with the council. 3. If direct negotiations fail to produce agreement, the council shall, not less than 30 days before the expiration of any existing rate schedule or agreement, appoint an expert as its representative; the Company shall likewise appoint an expert as its representative and the two of them shall appoint a third person, preferably an expert, and the three of them shall constitute a board of arbitration. The board shall report its findings as soon as possible and the rates and charges it shall agree upon by majority vote shall be legal and binding, subject only to review by a court of competent jurisdiction upon application of one of the parties. C. That the City shall have the right to require reasonable extensions of any public service system from time to time, and to make such rules andregulations as may be required to secure adequate and proper service and to provide sufficient accommodations for the public in accordance with Companies tariff on file with the State of Minnesota any of which may not conflict with any Commission rule or order and must be approved, if applicable, by the Commission. XI.I. AWNI)MJENT-PROCEDURX (A) Amendment. Either party to this franchise agreement may at any time propose that the agreement be amended. This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City clerk within 60 days after the effective date of the amendatory ordinance. (B) Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 1&", ", a copy of which is attached. hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. (C) Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any persons during regular office hours. (D) Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. XIII. SEW RA BILITY. If any section, subsection, sentence, clause or phrase of this franchise is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this franchise. The City Council hereby declares that it would have adopted the franchise and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. PASSED this day of _ m _ , 2017. CITY OF EAGAN 60b A Mike :Maguire, Mayor ATTEST: Christina M. Scipioni, Cit Clerk AQQ ,, WTANCE OF GAS FRANCIIIS 1 0 IN, Whereas, the Company anticipates that the city of Eagan will consider the foregoing ordinance (the "Ordinance") entitled: AN ORDINANCE OF 11 -IE CITY OF EAGAN, MINNESOTA, GRANTL\TGNORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSMISSION AND SALE OF GAS FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF TjjE CITY OF EAGAN, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRJBING CERTAIN TERMS AND CONDITIONSTFIEU10F. )Whereas, provisions of the Ordinance require the Company to file a written acceptance with the City by the acceptance deadline, which shall be 60 days after the effective date; and Whereas, the terms and provisions of the Ordinance are acceptable to the Company; NOW, THEREFORE,, Northern States Power Company, a Minnesota corporation, for itself and for its successors and assigns, does hereby accept all the terms and conditions of the Ordinance. In witness whereof, Northern States Power Company, a Minnesota corporation, has caused these presents to be its name by its duly authorized persons and its seal to be hereto ex an affixed tbis,IW day 0-`V�r MD. Northern States Power Company, a Minne" a orpoyation By: Its: By; Its: STATE OF. )ss. COUNTY OF-Eujw-n The for Gln w acknowledged before me, this & (lay ofj*---12017 and b v - 12) Z—, the, d. of Northern States Power A Cozpally, a MInne ota corporatio, on behalf of the corporation. TARA P*8781FIEL 4Pubilco Not"y Pubilo Minnesota MycommIssion Expires dsn 91 ' 021 IM CITY OF EAGAN ORDINANCE NO. 5 (o3 AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, GRANTING NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSMISSION AND SALE OF GAS FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF EAGAN, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The following is the official summary of Ordinance No. 50 approved by the City Council of Eagan on T . ull 31, @03 -- "Phis ordinance granting a gas franchise to Northern States Power Company, The new, nonexclusive, franchise will be in effect for a period of 20 years. This ordinance sets forth all the terms and regulations related to the franchise granted herein. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at City Hall, 3 830 Pilot Knob Road, Eagan, Minnesota 55122. 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. Page 1 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 PLIC 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 Page 2 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. 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. The applicant has violated within the past two years any requirements of this Section. Page 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 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. Page 4 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; Page 5 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. 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: Page 6 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 Page 7 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. Page 8 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 8t 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 fight -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. Page 9 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 Page 10 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: Page 11 Public Liability, including premises, products and complete operations � GENERAL � Liability each person, Bodily Injury Y LIABILITY: $3,000,000 each occurrence Property Damage Liability $3,000,000 each occurrence I In lieu of (1) and (2) Bodily Injury and Property Damage Combined $3,000,000 Page 11 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) Page 12 single limit i 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) Page 12 �x7 - ' APPEAL OF AN ADMINISTRATIVE DENIAL OF THE APPLICATION FOR RIGHT OF WAY PERMIT NO. 18478 BY XCGL ENERGY plrector's Reasons for penial > 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. A 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 fir 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, A 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. A 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 ahold 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 Ilkelihood`,that.one of the two gas malns may, be- damaged during any subsurface activity in the area, 1 There is' no apparent need for Xcel Energyto 'install.the segm®rit-afgas.line'referenced in,the permit.i ppllcatlori for system operation purposes as It Would be.a dead end Iine, it appears the installation would be solely for the purposerof providing service to 2900 Ames Crossing Road/Prime Therapeutics. in accordance ,with the franchise agreement between the City and Xcei 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 ordinarice 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 provislons of this Ordinance and public regulations as applicable to utility services as set forth in the C4 Code." > The reference in Xcel's brief to Minn. Stat, § 237.1.63 Is not controlling—this .statute deals with telecommunications, and not transmission of gas. The construction of two facilities in Vikings Parkway is dlstingulshable, 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, ERC had filed a complaint agaim'st 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 MC Order dated July 12, 2017. A 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 far technology services provided by utilities by way of the public right-of- way, Ione 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. N From., Russ Matthys [MW%q;B-WLhyJftryQLeak_ Sent: Monday, October 02, 2017 3:55 PIVI To: Sedlacek, Jake Subject: FW: Prime Therapeutics, 2900 Ames Crossing Road - Xcel Energy Gas Permit &ressNET. Jake, The following is the correspondence and the points of contact I have had with Prime Therapeutics regarding the status of the Xcel gas perrnit application on Ames Crossing Road. Russ Matthys rmatthvsR ' ofeagan.com 651-675-5637 From., Randy Peterson ((_nAftJJdD_dy-,-P-q Sent: Tuesday, September 26, 2017 4:05 PIVI To: Russ Matthys Cc: 'Brian Holmes' Subject: RE: Prime Therapeutics, 2900 Ames Crossing Road - Xcel Energy Gas Permit Russ, Thanks for making us aware of this situation. Prime is obviously very involved with all aspects of the development for our new building but are relying on the developer to complete most of the up front work. United Properties is providing the Core and Shell portion of the project so owns all aspects of the sitework including bringing utilities to the building. Once United Properties and their contractor have a good portion of the sitework and utilities complete, and the building enclosed, we will start interior fitout work In early 2018. Bill Jundt is the contact from United Properties managing these efforts and I am providing his contract information below. He should be part of the utilities discussion. Please keep me updated on these discussions and feel free to reach out with questions or if I can provide more Information. Thanks again, Randy UNITED PROPERTIES CPEAUNCI LPEhP 80016 Randy Peterson Director - Facilities Operations Prime Therapeutics tel 612,777,6026 cell 612.462.3864 small Mndy, Bill Jundt 'dice Premarent- conmwcfron ilvfanagemier?t P 952.037,8664 C 952,45446134 I: 9(11,Jundt Ccouprope III es,corri UnItorl, Proporitles 1 651 611C0119t (4311 suite 0o I (Minneapolis, *156402 Please note our new address above EXHIBIT E web bt�p,/,�jyyyyr ItfletheraQe �C Og¢� twitter aPrime PBM From: "Russ Matthys" <RMatthys_attvgietsaan.com> To: "'Brian Holmes"' < r i P t > Cc: "Randy Peteraon" <Ra t v e eraortf�Prime rhesaosutios.com> Date: 09/26/2017 03:26 PM Subject: RE: Prime Therapeutics, 2900 Ames Crossing Road - Xcel Energy Gas Permit It has not beensent to United Properties, same opportunity to forward questions to my attention. "- I Ea Russ Matthys, P.E. I Public Works Director I City of Eagan of Eagan 13630 Pilot Knob Road I Eagan, MN 551221651-676-66461651-675-5694 (Fax) I use and Its attachments from all From- Brian Holmes [ianor�� a utjl Sent. Tuesday, September 26, 2017 3:23 PM To: Russ Matthys Cc: Randy Peterson Subject: Re: Prime Therapeutics, 2900 Ames Crossing Road - Xcel Energy Gas Permit Thanks Russ, I am Including Randy Peterson as he is working closely with United Properties on the new building. Has this message been delivered to UP as well? Brian Holmes AVP - Enterprise Real Estate and Facilities Operations Prime Therapeutics tel 612.777.5476 coli 612.267.8140 email bri0n holmes0primetherapou i s.gotn weBaltl1�LJ"1tild aYoc3utfCt twitter @Prime PBM From: "Russ Matthys" <RMaRhys f .r m> To:"'brian.holmes®primetherapeutics.com"' <jjrlq„L ms L3 t getatics,c �> Date: 09/28/2017 03:21 PM Subject: Prime Therapeutics, 2900 Ames Crossing Road - Xcel Energy Gas Permit EXHIBIT E Brian, I wanted to give you a heads up on some City interaction with Xcel Energy that may have some impact on Prime Therapeutics regarding the construction of your new offices at 2900 Ames Crossing Road. Xcel Energy has submitted a permit application to the City for the purpose of installing a natural gas pipeline on the east side of Ames Crossing Road for the expressed purpose of supplying gas to 2900 Ames Crossing Road, Prime Therapeutics' new office building. Minnesota Energy Resources (MERG) currently has a natural gas distribution pipeline on the west side of 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 properties adjacent to the 2900 Ames Crossing Road site. The City has a public safety concern with the Xcel Energy permit application and has accordingly denied their permit application. The City's concern is due to what would be a non-standard practice of having 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 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. 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 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 sppce in the public right-of-way ... Similar language exists in Minnesota Statutes Section 237.163, Subd. 4(b) which states, "a local government unit may deny an application for a right-of-way permit if the local government unit determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the public right-of-way and its current use." 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. For the reasons stated above addressing both the protection of public safety and the current and future use of the public right-of-way, I have determined that the Xcel Energy Gas right-of-way permit application on Ames Crossing Road, south of Vikings Parkway, should be denied in accordance with both City ordinance and State statutes. I understand that Xcel Energy approached representatives of Prime Therapeutics and solicited an "agreement" between Xcel and Prime Therapeutics with regards EXHIBIT E to the provision of natural gas services. There may be an expectation due to such an "agreement" between Prime Therapeutics and Xcel Energy, that gas services be provided to 2900 Ames Crossing Road by Xcel Energy. At this point, an administrative permit from the City to allow such work by Xcel Energy within the public right-of-way will not be issued. Xcel Energy has expressed interest in appealing the denial of their permit application to the City Council, which they have the right to do. I will be meeting with Xcel Energy later this week to discuss the reasons for the denial of the permit application and the appeal process. The soonest upcoming Council meetings are on October 3 and 17. Not 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. It was not my intention to impact Prime Therapeutics or the development of the site at 2900 Ames Crossing Road through the City's management of the public right-of-way. 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 general public safety and welfare. I would be happy to discuss this matter with you or your staff to better clarify the situation or answer any questions you may have. I will also update you on the results of the appeal process, if Xcel Energy chooses to proceed. Sincerely, Russ �C4 of Eagan 13830 Pilot Knob Road I Eagan, MN 551221651-675-56461651-675-5684 �(Fax) I rmatthysAckyofeagan.com THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and Is thus for I use only by the Intended recipient. If you received this In error, please contact the sender and delete the e-mail and Its affachmarifn frnm all e%nmntjtAra 10TIM11-1.1 Agenda Information Memo October 17, 2017 Eagan City Council Meeting NEW BUSINESS A.Appeal of Denial of Permit Action to be Considered: To hear Xcel Energy’s appeal of the administrative denial of a right-of-way permit. Facts: On September 22, 2017, Northern States Power Co. d/b/a Xcel Energy was denied a right-of way permit for the installation of a natural gas line within Ames Crossing Road between Vikings Parkway and Shanahan Way. Section 7.06, Subd. 20 of the Eagan City Code, enables a right-of-way user that has been denied a permit to have the denial reviewed by the Council. The Council must act upon a written request at its next scheduled meeting. The Council’s decision must be in writing and supported by written findings establishing the reasons of its decision. The City attorney has opined that acting on the request does not mandate that a final determination needs to be made at the next regularly scheduled meeting. The Council may, among other actions, adjourn and reconvene a hearing to a more convenient time and place or assign the matter for a hearing to be held by a neutral third party. By letter dated October 11, 2017, Xcel Energy delivered its appeal of the denial of the right-of-way permit. October 17, 2017 is the next regularly scheduled meeting of the Council following receipt of the Xcel’s notice of appeal. Attachments (5): NBA-1 Permit Denial NBA-2 Xcel Request of Appeal Letter NBA-3 Xcel Memorandum with Exhibits NBA-4 Section 7.06 of the Eagan City Code NBA-5 Director's Reason for Denial 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) Predrleson November 6, 2017 VIA EMAIL Mayor Mike Maguire Eagan Municipal Center 3830 Pilot Knob Rd. Eagan,MN 55122 Re: Xcel Energy Right-of-Way Permit ID 18478 Dear Mayor Maguire: Northern States Power Company d/b/a Xcel Energy ("Xcel Energy") has reviewed the Hearing Officer's Report and Recommendation ("RepOli") regarding the City of Eagan's ("City") denial ofXcel Energy's application for a right-of-way permit for a natural gas line in Ames Crossing Road, Permit ID 18478. I write to provide Xcel Energy's response to the Report. More than two months have passed since Xcel Energy submitted its complete application for the Permit and an approval is needed from the City Council ("Council") tonight to enable Xcel Energy to serve its customer, Prime Therapeutics. Xcel Energy urges the Council to grant the Permit as submitted, conditioned on the requirement that Xcel Energy "loop" its system as shown in Attachment A, and as further described below. The Hearing Officer recommends that Xcel Energy "submit information for its current looping plans for the proposed gas line to connect to its other lines in the area ... ". See Section IV. Further, Public Works Director Russ Matthys testified during the appeal hearing that a looping plan for Xcel Energy's facilities might change his decision regarding the Permit. Xed Energy has developed the enclosed looping plan in response and will extend the proposed natural gas line approximately a quarter mile along Ames Crossing Road south to Lone Oak Road where it would tum east and connect to existing facilities. Xcel Energy will construct the quarter-mile loop upon the City's grant of a Permit and within such timing as the City directs. We believe this proposal addresses the City's concerns. Application and Denial On August 23,2017, Xcel Energy applied for a permit to install an approximately 3,000- foot long natural gas line on the east side of Ames Avenue to supply gas to 2900 Ames Crossing Attorneys & AdVisor; Fredrikson & Byron. P.A. main 612.492.7000 200 South Sixth Street. Suite 4000 fax 612.492.7077 Minneapolis. Minnesota fredlaw.com 55402-1425 MEMBER OFTHE WORLD SERVICES GROUP/ OFFICES A Worldwide Network of Professional Service Providers Minneapolis I Bismarck I Des Moines I Fargo I SI. Paul J Saltillo, Mexico I Shanghai, China Mayor Mike Maguire November 6, 2017 Page 2 Road, for the site in question pursuant to an August 15,2017 Natural Gas Competitive Agreement between Xcel Energy and its customer. On September 22,2017, Mr. Matthys administratively denied the permit. In his written decision and testimony at the appeal hearing, Mr. Matthys stated that he denied the permit solely based on City Code § 7.06, subd. 5(C)(7)(a) and (b) which provide: Subd. 5(C)(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; However, on September 26, 2017-just four days after the administrative denial purportedly on the grounds of public health, safety, and welfare-Mr. Matthys wrote an email to Prime Therapeutics in which he discussed the City's true motive for the denial. In the email.Mr. Matthys indicated the purpose of the permit denial was in fact to provide Minnesota Energy Resources Corp. ("MERC") with the opportunity to take Prime Therapeutics as a customer. In that email.Mr, Matthys noted that MERC currently has facilities on the west side of Ames Crossing Road "that is sufficient to supply natural gas to Prime Therapeutics, just as it presently serves MISO and the other properties adjacent to the 2900 Ames Crossing Road Side." Mr. Matthys concludes by objecting to Xcel Energy's "business practice," a clear reference to Xcel Energy's effort to serve a gas customer where MERC has facilities. The email shows that the City's motive is discriminatory and contrary to the requirement set forth in Minnesota Statute § 237.163 that the City regulate the public right-of-way in a "competitively neutral" manner. Report In the Report, the Hearing Officer evaluated the basis for the City's September 22,2017 permit denial and found it deficient in three key respects: • "[T]he City failed to establish a factual basis to support denial on grounds of protecting public health, safety, and welfare, or its current use." Section III, para. 1. • "[T]here is no factually supported threat to the public health, safety, and welfare from the installation of the Xcel gas line." Section III, para. 2(a). Mayor Mike Maguire November 6, 2017 Page 3 • "[T]he Public Works Director admitted that under current codes and standards up to 19 separate utility lines could be placed in the Ames Crossing Road right-of-way and that the only existing lines were the MERC gas line on the west side of the road, and three other utilities. Thus, there is no factual support in the record to support denial" based on the right-of-way area available. Section III, para. 2(b). Xcel Energy agrees with these conclusions by the Hearing Officer. There are no grounds to deny the Permit on the basis of any public safety concerns, This should be the end of the analysis as Mr. Matthys relied solely on Subdivision 5 of the Ordinance to deny the Permit and it provides that the City may deny a permit only if it finds "[t]he 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." The Hearing Officer's ultimate conclusion that there is no public safety basis for the City's decision renders the denial unlawful. A review of the two factors Mr. Matthys relied upon for his decision, 5(C)(7)(a) and (b), also confirms the City's decision lacks a reasonable basis. The Hearing Officer found that factor 5(C)(7)(a) did not support a denial because there is more than adequate space in the right-of-way to accommodate Xcel Energy's natural gas line. Further, Mr. Matthys stated that at least 19 utility lines can be supported in a horizontal plane along the right-of-way and there are no more than four existing utilities, leaving 15 spaces unoccupied. Mr. Matthys also acknowledged in his testimony that facilities can be placed below each other, or "stacked." In fact, Mr. Matthys testified such installations are actually preferred. This means there are more than 15 slots for utilities existing in the right-of-way. The Hearing Officer supported Mr. Matthys' denial on a single factor-the "competing demands for the particular proposed area space in the public right-of-way." Section III, 2(c). Xcel Energy disputes this finding. While Mr. Matthys testified that the area around Ames Crossing will be developed, Mr. Matthys could not identify any other utility seeking to install facilities in the right-of-way, let alone show that the 19-plus existing spaces in the right-of-way would be inadequate to meet current or future needs. Moreover, Mr. Matthys did not identify any planned development in this area that would require additional utility infrastructure. I Should the City Council base its denial on such grounds, it would be arbitrary and capricious. 1 The Hearing Officer's reliance on the City's preliminary approval of 200 acres of development is misplaced. See Section II, para. 10. That development is the Vikings development and would not be served by this proposed natural gas line; it would be served by the gas line that has been installed along Vikings Parkway. Mayor Mike Maguire November 6, 2017 Page 4 Xcel Energy also disputes the Hearing Officer's conclusions regarding Minnesota Statute § 237.163' s prohibition against discrimination in right-of-way permitting and the applicability of Minnesota Statute § 15.99. The City's authority to permit the use of the public-right-of-way derives from Section 237.163, the legislative purpose of which is to ensure the City is fair, efficient, and competitively neutral: it is in the state's interest that the use and regulation of public rights-of-way be carried on in a fair, efficient, competitively neutral, and substantially uniform manner, while recognizing such regulation must reflect the distinct engineering, construction, operation, maintenance and public and worker safety requirements, and standards applicable to various users of public rights-of-way. Minn. Stat. § 237.163, subd. 1. The City's decision to favor MERC and future potential, unidentified utility users of the right-of-way is unlawful because it discriminates against Xcel Energy and is not competitively neutral. The City's Permit decision is also subject to Section 15.99, which requires that the City make its permit decision in writing within 60 days, inclusive of the time of the administrative appeal. Because the City failed to make its decision in writing within 60 days, the Permit has been granted as a matter oflaw. The Hearing Officer concluded that Section 15.99 does not apply to a utility permit because the permit does not "relate to zoning." This conclusion is contrary to the law. The City Code section that requires a permit relates to zoning-it is contained in the City Code, Land Use Regulations (Zoning) Section 11.40, Subds. 7 and 8. The fact the City's decision relates to zoning and therefore Section 15.99 applies is confirmed in Section 237.163. The statute explicitly provides that Section 15.99 does not apply to permitting small wireless providers in subdivisions 3(b) and (c). Minn. Stat. §23 7 .163, Subd. 3c(b) ("Section 15.99 does not apply to this paragraph or paragraph (c).") The fact that this exclusion is stated for small wireless providers but not other utilities means that Section 15.99 applies to other utilities. Despite the effect of Section 15.99, Xcel Energy is seeking to come to an acceptable resolution with the City in an effort to avoid the "expensive, distracting and protracted litigation" the Hearing Officer recognized could result absent a mutually acceptable decision. Mayor Mike Maguire November 6,2017 Page 5 Closing Xcel Energy values its Eagan customers and looks forward to working cooperatively with the City to resolve this issue and further develop its relationship with the City going forward. Xeel Energy believes that granting the Permit will be in the best interests of the City, Xcel Energy and Prime Therapeutics. Xcel Energy respectfully requests that the City grant Xcel Energy's appeal and issue Permit ID 18478 at this evening's City Council meeting. Xcel Energy representatives will be available to answer any questions you may have. isa M. Agrimonti Attorney at Law Direct Dial: 612.492.7344 Email: lagrimonti@fredlaw.com LMNrg/62675360v5 Enclosures cc (via Email): Cyndee Fields Gary Hansen Paul Bakken Meg Tilley Dave Osberg Robert Bauer, Esq. : System Pressure:: Design Number FOREMAN MEASUREMENTS FROM THE FIELD SITE) (ALL URD MUST HAVE ACTUAL CHANGES MADE AS INDICATED NO CHANGES (BUILT AS DESIGNED) CONSTRUCTION USE ONLY N S W E Scale: 1" equals 231' Sketch:# Of # Sketch Data Date: 11/06/2017 Dead End : Size Material:: Gas Phase: Feeder: Electric Map #:Permit : Address : City : County : : Design Location T:C: E:G: Joint Utility Designer/Planner ID : Designer/Planner Name : Designer/Planner Ph # Manager Approval : : (000) 000-0000 Work Order #: Division DISCLAIMER: THERE ARE NO REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) ABOUT THE ACCURACY OF THIS PRINT. THIS PRINT IS PROVIDED WITH NO CLAIM AS TO PRINT COMPLETENESS, TIMELINESS, ACCURACY OF CONTENT OR USEFULNESS. 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For All Field Locates Call 811 Service Request #: Work Order Information TEAM LEADER DATE RFO 01434703 T: 27N R: 23W S: 1 K0050 NORTHWEST PKWY AMES CROSSING RD2600 2600 2600 6261 6471 6351 6351 6689 655 SOFTWARE\BLDG 655 655 COMMONS\BLDG M M Eagan Dakota Newport 212153 0000589478 1 Lynaugh,William Voltage: Bkup Dev ID: AMES CROSSING DESIGN SKETCH 1 OF 2 TIE INTO EXISTING SYSTEM (6'' END TIE IN) 6'' ELBOW 6'' ELBOW 6'' Attachment A, p. 1 : System Pressure:: Design Number FOREMAN MEASUREMENTS FROM THE FIELD SITE) (ALL URD MUST HAVE ACTUAL CHANGES MADE AS INDICATED NO CHANGES (BUILT AS DESIGNED) CONSTRUCTION USE ONLY N S W E Scale: 1" equals 161' Sketch:2 OF 2 Date: 11/06/2017 Dead End : Size Material:: Gas Phase: Feeder: Electric Map #:Permit : Address : City : County : : Design Location T:C: E:G: Joint Utility Designer/Planner ID : Designer/Planner Name : Designer/Planner Ph # Manager Approval : : Work Order #: Division DISCLAIMER: THERE ARE NO REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) ABOUT THE ACCURACY OF THIS PRINT. THIS PRINT IS PROVIDED WITH NO CLAIM AS TO PRINT COMPLETENESS, TIMELINESS, ACCURACY OF CONTENT OR USEFULNESS. STATE LAW REQUIRES ANYONE DIGGING, GRADING OR EXCAVATING TO OBTAIN A PRIOR FIELD LOCATE OF ALL UTILITIES; THIS PRINT DOES NOT DISCHARGE THIS REQUIREMENT OR ANY OTHER REQUIREMENT. THE COMPANY AND ITS AFFILIATES ASSUME NO LEGAL RESPONSIBILITY OR LIABILITY FOR THE RECIPIENT'S USE (OR ANY OTHER PARTIES' USE) OF THE PRINT, INCLUDING THE RECIPIENTS INTENDED PURPOSE IN USING THE PRINT. NO COMPANY EMPLOYEE OR OTHER PARTY HAS BEEN AUTHORIZED TO PROVIDE THIS PRINT FOR PLANNING OR ESTIMATING PURPOSES; RELY ON THIS PRINT AT YOUR OWN RISK. BY ACCEPTING THIS PRINT, THE RECIPIENT & ANY OTHER PARTY RECEIVING A COPY OF THE PRINT ACKNOWLEDGES AND AGREES TO THIS DISCLAIMER. For All Field Locates Call 811 Service Request #: Work Order Information TEAM LEADER DATE RFO 01434703 T: 27N R: 23W S: 1 K0051 ARCH E R C T SHA N A H A N W A YAMES CROSSING RDAMES CROSSING RDLONE OAK RD LONE OAK RD 693569316939694169456953694969596957 6923692769256962 6964 6966 6968 6961 6963 6965 6967 L1 B1 L2 B1 L3 B1 L1 B5 L2 B5 L3 B5 L4 B5 L1 B4 L2 B4 L3 B4 L4 B4 3000 2985 2900 510L4 B1 L1 B2 L5 B4 L6 B4 L1 B3 L2 B3 L3 B3 L4 B3 L2 B2 L3 B2 L4 B2 6971 6973 6975 L1 B2L3 B2L2 B2L4 B2 6977 6979 6981 20001878M MMMM T FF TT E E E EAA A A 23' C23' C2 1 ' C5' C3' C12' C3'5' C11' C5' C 73' FH4' B3' C50' C 3' C44' C 4' B6' C3' C1' B3' EO R 2 ' 12' C L 1615' FROM ARKANSAS AVE.30'CL20'CL23'CLEAGAN Dakota Newport 212153 0000589478 1 Lynaugh,William Voltage: Bkup Dev ID: AMES CROSSING DESIGN SKETCH 2 OF 2 TIE INTO EXISTING SYSTEM (4'' END TIE-IN) 6'' FFT W/ 6X4 REDUCERS SOUTH AND EAST 4'' 6'' Attachment A, p. 2 Agenda Information Memo November 6, 2017 Eagan City Council Meeting NEW BUSINESS A. Comprehensive Guide Plan Amendment – Justman Freight Action To Be Considered: To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment (or direct Findings of Fact for Denial) to change the land use designation from LD (Low Density) to IND (Limited Industrial) upon approximately 7.5 acres located southwest of Red Pine Lane and Hwy 3. Required Vote For Approval: Comprehensive Guide Plan Amendments – At least four votes Facts: The Applicant is requesting a change in the land use designation from LD (Low Density) to IND (Limited Industrial), upon 4 parcels. The property is currently zoned R-1 (Residential Single Family) and is surrounded by R-1 property; save for the vacant property to the east across Hwy. 3, currently zoned Neighborhood Business. A single family home is located on the northern portion of the site, an accessory building is on the NW portion of the site and a ~7,000 SF building is located in the middle of the site. This building was constructed in 1980. Platted ROW lies between the two southern parcels, although the street has not been constructed. Site history dates back to 1965 when the property was platted. The two northern parcels have been zoned R-1 since 1984, previous to that they were zoned Agricultural. The two southerly parcels were rezoned from Ag to General Business in 1977. The conclusion of the 2002 SE area study rezoned the property to R-1 and it has remained the same since. The existing truck terminal is a legal non-conforming use that cannot expanded with the current zoning. The concept plan identifies a new 9,600 SF building which would be an expansion of the existing operations. The Advisory Planning Commission (APC) held a Public Hearing on June 27, 2017 and recommended denial on a 7-0 vote. Issues: The APC had a significant amount of discussion regarding environmental impacts, permitted uses in Industrial zoning and the City’s long-term vision for the area. Several neighbors spoke to the potential impacts on their residential properties. 60-Day Agency Action Deadline: N/A Attachments: (5) NBA-1 Location Map NBA-2 June 27, 2017 APC Minutes NBA-3 Planning Report NBA-4 Exhibits NBA-5 Applicant letter SPRUCE CIRSPRUCE STREET SYCAMORE DRIVEPINE LANEBROOKLY N CT CAYLIN CT TWINS CTBROOKLY N A V E120TH ST MA J ESTICOA K S C T WESTONH I LLS CT STRATFORDLANEWESTON HILLS DRIVEWATERVIEWCOVE FARM ROAD R E D PINE LN BISCAYNE AVEREDPIN ECTWOODLAND WAY MAJESTIC OAKS PLC.S.A.H. NO. 32 DODDROADREDPOLL CTWHITEPI NE WAYWESTONHILLSDR SYCAMORE DRFAWN RID G E T RAI L NORTHHAYLAKER O A D WHITETAILWAYCA R IB OULNN.HAY LAKE R D O V ERHILL ROAD S.HAY LAK E ROADSG REEN L E A F DRACORNST W GREENLEAF DRN GREENLEAF DR E GR EENLEAFDRE GREENLEAF DRD O D D R O A D O AKPONDR O A D WGREENLEAFDRRED PINE LN MCFADD ENS TRA ILISABELLECTROSA CT SHELERUD DR P INECONETRLP I NECONECIRDODDROADMCFADDENSTRA I L MANORDRMANOR DR TAMIE AVE ALLAN LANE MIDDLE LANE WESTONHILLSDRIVEOAKPON D RDOA K P OND CI RWESTON HILLS PL WHITE PINE WAYSYCAMORE CTC.S.A.H. NO. 32 TODD AVE D O D DROADTAMIEAVEBRISTOLBLVDC.S.A .H.NO.32 (CLIF F ROAD)C.S.A .H.NO.32 (CLIF F ROAD)C.S .A .H. NO. 32 (CHICAGO,MILWAUKEE,ST.PAUL&PACIFICRAILROAD)7 SOO LINE RRGUN CLUB ROAD C.M.ST.P.&P.R.RSOOLINERAILROAD(SOUTH ROBERT TRAIL)STATETRUNKHWY.NO.3MARSH COURT NAUVOO LANEREDPINELANE PARKSIDE COURTPARKSID ECIR C L ESWEET ST HiddenCornerPark HistoricHolzFarm Park SouthOaksPark OakPondHills Park Park Lebanon HillsRegional Park HolzFarmPark Location Map 0 1,000 2,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Justman FreightRequest: Comprehensive Guide Plan Amendmen tCase No: 36-CG-01-05-17 Subject Site Advisory Planning Commission June 27, 2017 Page 2 of 20 IV. PUBLIC HEARING New Business A. Justman Freight Applicant Name: Craig Britton, Widseth, Smith, Nolting Location: 4855 S Robert Trail; Lot 1, Block 4, Dodd View Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from LD, Low Density to IND, Limited File Number: 36 -CG -01-05-17 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated June 22, 2017. Craig Britton, Widseth, Smith, Nolting (WSN), representing the owner, described the existing conditions of the property and stated the new building would separate the office from the storage. He stated they would not increase the fleet of vehicles but the efficiency of the operation, no access would occur to Hwy 3, screening would be provided to the adjacent neighbors and they would implement a rainwater harvesting system. Member Vanderpoel questioned whether the pole barn would remain on the site. Mr. Britton clarified the building may receive upgrades but would remain. Chair Piper opened the public hearing. Eugene Im, 4820 Dodd Rd, stated he had a concern with the driveway onto Red Pine Lane. He questioned how the land use could change from low density residential back to Industrial and whether an environmental study would be performed as he had concerns with house values, and fuel and oil storage. Erik Gustafson, 4822 Dodd Rd, also spoke to the impact on property value. He questioned the long range impact of post Justman Freight industrial uses of the site if the request is approved. Mike Neisius, owner, stated he has lived in the area for 39 years and started the business in 1989. He clarified the building has frost footings and therefore is not a pole building. Justman Freight employs 70 people, year round and they keep the area clean. Additionally, in relation to oil and fuel concerns, Dakota County inspects the property. Logan Tjossem, WSN, stated the site was conforming until 2002 and since then six residential developments were approved and constructed surrounding the subject property, thus the use was not a deterrent to the residential uses. He said the owner operates a successful business that benefits the neighborhood, City and lower 48 states. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. Discussion occurred regarding environmental impacts and permitted uses in Industrial zoning Advisory Planning Commission June 27, 2017 Page 3 of 20 Member Heckmann asked if the City had received complaints. Planner Thomas stated different agencies, such as the county, would inspect the site, the IND land use category has corresponding zoning districts that would regulate the site and that staff had not received complaints. Member Weimert asked why the southern parcel was not included. Planner Thomas stated the parcel was under separate ownership. Member Vanderpoel explained that the 2010 Comprehensive Plan identified the property as LD and re -guiding the property will not be in line with the further plan for the property. She noted that while non -conforming, the use has been successful. Member Woebke stated he was in agreement with Member Vanderpoel and that the City has grown around the site over the years. Member Weimert concurred and stated he was not in favor of the request. Member Sagstetter stated he was not in favor of the request as approval would not promote public health, welfare and safety given the industrial use adjacent to residential homes. Member Sagstetter moved, Member Vanderpoel seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density, to IND, Limited Industrial for a truck terminal upon approximately 7.5 acres located west of Hwy. 3 and south of Red Pine Lane in the SW % of Section 36. All voted against. Motion failed 0-7. Member Sagstetter moved, Member Vanderpoel seconded a motion to recommend denial of a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density, to IND, Limited Industrial for a truck terminal upon approximately 7.5 acres located west of Hwy. 3 and south of Red Pine Lane in the SW V4 of Section 36. All voted in favor. Motion passed 7-0 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 22 2017 CASE: 36-CG-01-05-17 APPLICANT: Widseth, Smith, Nolting HEARING DATE: June 27, 2017 PROPERTY OWNER: Mike Neisius APPLICATION DATE: May 30, 2017 REQUEST: Comprehensive Plan Amendment PREPARED BY: Sarah Thomas LOCATION: 4855 Robert Trail S (Lot 1 Block 3, Lot 1 Block 4, and Part of Outlot B, Dodd View Addition; Lot 1 Block 1 Neisius Addition) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Residential Single Family SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density, to IND, Limited Industrial to allow expansion of a truck terminal upon approximately 7.5 acres located west of Hwy. 3 and south of Red Pine Lane in the SW ¼ of Section 36. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city’s Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city’s Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city’s Comprehensive Guide Plan is requested, it is the city’s responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city’s action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report – Justman Freight June 27, 2017 Page 2 BACKGROUND/HISTORY Dodd View Addition was platted in 1965. The property at that time was zoned agriculture. In 1977, a rezoning from A (Agriculture) to GB (General Business) was approved for the southern two parcels, and the R-1 zoning designation was adopted for the northern parcels between 1983 and 1984. The current use as a truck terminal, is non-conforming with the present zoning, meaning that the use and structures may be maintained but cannot be expanded or improved. Neisius Addition was platted in 2002. The Final Plat created one single family lot combining a portion of Outlot B and Outlot C, Dodd View Addition. The lot totals 3.1 acres and receives access from Red Pine Lane. MNDOT was consulted about the lot and did not require additional right-of- way. A single family home was constructed on 2002 and remains on the property. Mr. Neisius applied for a Comprehensive Guide Plan Amendment for the subject property on February 13, 2001. A staff report was prepared for the Advisory Planning Commission meeting scheduled for March 27, 2001. That same day, the City received a letter on behalf of Justman Freight requesting that the request be pulled from the agenda and postponed to work out issues that had recently surfaced. In April of 2001, the City adopted an interim ordinance moratorium in SE Eagan which lasted until February 22, 2002. During that time, the City Council decided on Low Density land use designation for all property in the SE Eagan study area. The study area included property on either side of Highway 3 over to Biscayne Avenue between Red Pine Lane and the West End Gun Club and the former Farm Road, including the Justman Freight property. Mr. Neisius withdrew the application on February 8, 2002, due to the City Council discussion regarding maintaining the low density residential land use designation on the property. Since then, Mr. Neisius has contacted City staff on several occasions to discuss the industrial use on his property. Any improvements or expansions would be inconsistent with the City’s non- conforming uses ordinance. To achieve a conforming use status, a land use amendment from LD (Low Density Residential) to IND (Limited Industrial) must be acquired. Such a land use change would then allow the rezoning of the property to I-1 (Limited Industrial), a zoning district in which truck terminals are allowed as a conditional use. A Subdivision to separate the single family home would be required and that property would retain the current zoning designation of R-1 and guide plan designation of LD. EXISTING CONDITIONS The property consists of four parcels. A single family home is located on the northe rn portion of the site. An accessory building is located on the northwesterly portion of the site, on Outlot B. The property contains a 6,860 sq. ft. pole building that was constructed in 1980 and is occupied by Justman Fright Company. There is platted right-of-way between the two southern parcels. This street has not been constructed. An accessory building is located across property lines of the southernmost parcel and the property located at 4895 Robert Trail South. Planning Report – Justman Freight June 27, 2017 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family Residential R-1, Residential Single LD, Low Density Residential East Hwy. 3/Vacant NB, Neighborhood Business RC, Retail Commercial South Warehouse Buildings R-1, Residential Single LD, Low Density Residential West Single Family Residential R-1, Residential Single LD, Low Density Residential EVALUATION OF REQUEST Proposal – The applicant is proposing a change in the land use designation of this 7.5-acre site from to LD, Low Density to IND, Limited Industrial to allow for improvements and expansion of the current use. The applicant’s narrative describes the history of the site and need for expansion. Compatibility – The current Comprehensive Guide Plan designates this property as LD, Low Density Residential. The LD designation allows for development of residential uses at a density of 0-4 units per acres. Surrounding properties also have a land use designation of LD and are developed. Across Hwy. 3 to the east, the property south of Red Pine Lane is designated as RC, Retail Commercial and is vacant. Earlier this year the City Council directed staff to send a land use amendment to the Metropolitan Council after receiving an application to reguide the approximate 10 acre site across Hwy. 3 from RC, Retail Commercial to LD, Low Density Residential, for a residential development. The Metropolitan Council responded that the City was able to implement the amendment; however, a subsequent rezoning and subdivision application has not yet been received. Land Use History – The City’s 1980 Comprehensive Guide Plan assigned a land used designation of R-II (Mixed Residential 3-6 units per acre) to this property. The R-II land use designation also appears on the land use maps prior to 1980. In later land use maps, the property remained Planning Report – Justman Freight June 27, 2017 Page 4 designated for residential use with the classification of D-II, Mixed Residential 0-6 units per acre. The Comprehensive Guide Plan was amended in 2001 and a land use designation of LD, Low Density Residential (0-4 units per acre) was assigned to this site and the surrounding properties. The LD designation was remained the same since. Zoning History – According to the applicant’s narrative, the existing uses have operated on this site for 40 years. The two southerly parcels were rezoned from Agriculture to GB in 1977. On September 7, 2002, the City Council adopted a new Zoning Map to incorporate zoning changes identified during the 2000 Comprehensive Plan process, and all zoning changes approved by the City Council since the last map dated June 29, 2000 through July 2, 2002, including the SE Eagan Study Area parcels. The R-1 zoning designation has remained on the property since. The R-1 zoning of the northern parcels has been in place since 1984. The two northern parcels show an Agriculture zoning designation on the 1983 zoning map and R -1 in 1984. Other surrounding properties were zoned Agriculture since before 1976, and on the 1984 and later zoning maps appear with an R-1 zoning designation. Subdivision and Platting – The property will need to be subdivided and replatted in order to accomplish the development plan that the applicant has presented with this application. That plan will also require the submission of an application by the applicant for the vacation of a portion of city right-of-way. A separate public hearing and approval of the vacation by the City Council is necessary. Replatting will require review of the plat by the Minnesota Department of Transportation. Landscaping – There is currently little landscaping on the site. Future development or improvements to the site will be subject to compliance with the City’s landscape ordinance. Tree Preservation – There is little significant vegetation on the subject site, and compliance with the City’s Tree Preservation Ordinance will be determined at the time a specific development proposal is submitted. Parks and Recreation – This site will be subject to park and trail dedications and it is likely that such dedications will take the form of cash. ENVIRONMENTAL IMPACTS Topography – The site is relatively flat and there is little significant vegetation on the site. Wetlands – Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Tree Preservation – Standard Tree Preservation requirements will apply at time of Subdivision; however, the majority of the site has been development. Planning Report – Justman Freight June 27, 2017 Page 5 Airport Noise Considerations – The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The subject site is not located within the designated contours of the Airport Noise Policy Zones and as such, no noise mitigation measures are required. INFRASTRUCTURE IMPACTS Storm Drainage – The entire site lies within Drainage District L1 (as designated in the City Storm Water Management Plan – 2007). The northern half of the site drains to the east, enters a swale along State Highway 3 that routes it to the north into the existing storm sewer system, connects into City pond LP-26.3, and ultimately continues into Fitz Lake to the north. The southern half of the site drains to the south towards City pond LP-22.1. Any development of this property will be subject to the codified post-construction storm water requirements for storm water volume and pollutant control, and to MN Department of Transportation storm water permit requirements for discharge to Highway 3 right-of-way. Sanitary Sewer – Lateral sanitary sewer of sufficient size, depth, and capacity is available through the middle of the property, and to the east along Highway 3, for connection with development of the entire property. Sanitary sewer District C (as designated in the City’s Comprehensive Sanitary Sewer Plan) serves the entire site. Water Main/Supply – Lateral water main of sufficient size and capacity is available through the middle of the site, to the north along Red Pine Lane, and to the east along Highway 3 for connection and extension with development of the property. Water Quality – Any development will need to comply 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. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control – performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. Streets/Access/Transportation – Access to the site is currently provided in three locations. The northeastern parcel with the single family home (660 Red Pine Lane) has a loop driveway that connects with Red Pine Lane. This parcel is proposed to be subdivided in the future with the northern portion remaining as a residential land use with no change in access. The northwestern parcel (Outlot B, Dodd View Addition) has a driveway onto Red Pine Lane. This parcel is also proposed to be subdivided with the northern portion remaining as a residential land use. The southern two parcels (Lot 1, Block 4, Dodd View Addition and Lot 1, Block 3, Dodd View Addition) share an access onto TH 3. There is another access onto TH 3 that can be accessed through the parking lot on the parcel south of Lot 1, Block 3. Both accesses are located where Planning Report – Justman Freight June 27, 2017 Page 6 City right-of-way abuts TH 3, which is under the jurisdiction of the MN Department of Transportation (Mn/DOT). Mn/DOT typically reviews development proposals when the plat is prepared. Mn/DOT reviewed this property in 2013 and had concerns with the number of accesses onto TH 3, the entrances being located on a curve, access spacing from Red Pine Lane, and the lack of turn lanes and bypass lanes on TH 3. When Mn/DOT reviews any proposed development of this property, they may require modifications to the entrance and/or the construction of dedicated turn lanes or bypass lanes. The City of Eagan Transportation Plan (August 2008) indicates that Highway 3, from the south City Limits to the east City Limits, will be overcapacity by 2030, so access management is especially important along this corridor for both safety and mobility purposes. Also, the Dakota County Regional Roadway Visioning Study (August 2010) concluded TH 3 will need to be expanded from 2 to 4 lanes from Cliff Road to Highway 55 in order to meet 2030 demands. If the land use guide stayed residential, it would be appropriate for any future residential development to have access brought to the west within the existing city right-of-way to Dodd Road. No access would likely be provided to Highway 3 for a residential land use. Easements/Permits/Rights-of-Way – City right-of-way currently extends through the site to connect Dodd Road and Highway 3 in two locations. Neither right-of-way has an improved street, however, the northern right-of-way has public water and sanitary sewer, and both locations also have private utilities. If the right-of-way were vacated for any development, public drainage and utility easements would need to remain. COMPREHENSIVE LAND USE IMPACTS Land Use Designations – IND is a general land use category which provides areas for manufacturing, warehousing and goods movement/distribution. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. Compatibility – According to the City of Eagan’s Comprehensive Guide Plan, due to the high intensity of industrial uses, buffering and other mitigation techniques may be required to make them compatible with lower intensity uses, particularly residential uses. Industrial uses are generally compatible with office, retail and service uses, given appropriate design treatment. With adequate buffering and attractive architectural treatment, light industrial uses with low levels of truck traffic can be compatible in close proximity to some residential uses. Access Needs – Generally speaking, industrial uses can generate substantial amount of truck traffic and should be located along arterial and busy collector roads. Convenient access to the regional transportation system is also important to accommodate truck traffic and ensure minimal conflict of truck and local/residential traffic. Physical Suitability – The Comprehensive Plan states that physical requirements of IND uses generally occur within large footprint buildings and associated parking/storage lots that require large sits with few development constraints (e.g. steep slopes, wetland, woodlands). Planning Report – Justman Freight June 27, 2017 Page 7 The submitted concept plan lacks specification in relation to bulk standards and building materials to review at this time; however, compliance will be determined at the time a specific development proposal is submitted. SUMMARY/CONCLUSION Justman Freight is requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation of LD, Low Density to IND, Limited Industrial, for this 7.5 acre site to allow an expansion of the existing truck terminal which is currently a non-conforming use. The site is bound by single family homes although the current use has occupied the site for many decades. The question of the appropriate long-term future for this property is a policy matter for City Officials. The small area study performed by the City that concluded in 2002 determined that this industrial pocket adjacent to low density residential was not an appropriate long-term use; as such, the City Council re-guided and rezoned the property to accommodate low density residential. This request by Justman Freight represents a significant departure from the City’s ultimate vision for this area. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from LD, Low Density, to IND, Limited Industrial for a truck terminal upon approximately 7.5 acres located west of Hwy. 3 and south of Red Pine Lane in the SW ¼ of Section 36. SPRUCE CIRSPRUCE STREET SYCAMORE DRIVEPINE LANEBROOKLY N CT CAYLIN CT TWINS CTBROOKLY N A V E120TH ST MA J ESTICOA K S C T WESTONH I LLS CT STRATFORDLANEWESTON HILLS DRIVEWATERVIEWCOVE FARM ROAD R E D PINE LN BISCAYNE AVEREDPIN ECTWOODLAND WAY MAJESTIC OAKS PLC.S.A.H. NO. 32 DODDROADREDPOLL CTWHITEPI NE WAYWESTONHILLSDR SYCAMORE DRFAWN RID G E T RAI L NORTHHAYLAKER O A D WHITETAILWAYCA R IB OULNN.HAY LAKE R D O V ERHILL ROAD S.HAY LAK E ROADSG REEN L E A F DRACORNST W GREENLEAF DRN GREENLEAF DR E GR EENLEAFDRE GREENLEAF DRD O D D R O A D O AKPONDR O A D WGREENLEAFDRRED PINE LN MCFADD ENS TRA ILISABELLECTROSA CT SHELERUD DR P INECONETRLP I NECONECIRDODDROADMCFADDENSTRA I L MANORDRMANOR DR TAMIE AVE ALLAN LANE MIDDLE LANE WESTONHILLSDRIVEOAKPON D RDOA K P OND CI RWESTON HILLS PL WHITE PINE WAYSYCAMORE CTC.S.A.H. NO. 32 TODD AVE D O D DROADTAMIEAVEBRISTOLBLVDC.S.A .H.NO.32 (CLIF F ROAD)C.S.A .H.NO.32 (CLIF F ROAD)C.S .A .H. NO. 32 (CHICAGO,MILWAUKEE,ST.PAUL&PACIFICRAILROAD)7 SOO LINE RRGUN CLUB ROAD C.M.ST.P.&P.R.RSOOLINERAILROAD(SOUTH ROBERT TRAIL)STATETRUNKHWY.NO.3MARSH COURT NAUVOO LANEREDPINELANE PARKSIDE COURTPARKSID ECIR C L ESWEET ST HiddenCornerPark HistoricHolzFarm Park SouthOaksPark OakPondHills Park Park Lebanon HillsRegional Park HolzFarmPark Location Map 0 1,000 2,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Justman FreightRequest: Comprehensive Guide Plan Amendmen tCase No: 36-CG-01-05-17 Subject Site HWY 3HWY 3HWY 3Red Pine LaneMarsh CourtFarm RoadGun Club RoadDodd RoadWaterview CoveRed Pine LaneDodd RoadRed Pine LaneDodd Road 200 0100 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 2016Project Name: Justman FreightRequest: Comprehensive Guide Plan AmendmentCase No.: 36-CG-01-05-17 SOUTH ROBERT TRAIL/HIGHWAY 3RED PINE LANE +/- 4.88 ACRESPROPOSED CHANGE TOIND-LIMITED INDUSTRIALNEW LANDSCAPE BUFFERPROPOSED9,600 SFBUILDINGEXISTINGBUILDINGPROPOSEDPAVEMENTAPPROX. 206'120.00'80.00'LEGENDEXISTING AND PROPOSEDGREEN SPACEPROPOSED TREES FORLANDSCAPE BUFFERPROPOSED NEW BUILDINGAREA OF PROPOSED COMPREHENSIVEGUIDE PLAN AMENDMENTEXISTING TREEPROPOSED OVERHEAD DOOREXISTINGPAVEMENTEXISTINGPAVEMENT© 2017 WIDSETH SMITH NOLTINGJ:\1005R-AB Systems\1005R0018-Justman Freightlines\1005R0018.000-Justman Freightlines\CADD\Planning\LAYOUTS 5-15-17\Conceptual Site Plan.dwg Plotted by:Craig Britton 5/15/2017 5:42:37 PMSHEET NO.JUSTMAN FREIGHTLINES4855 S ROBERT TRAILEAGAN, MNCONCEPTUAL SITE PLAN1MAY, 2017AS SHOWNB.R.B.C.N.B.1005R0018I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORTWAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDERTHE LAWS OF THE STATE OF MINNESOTA.CRAIG BRITTON 5/15/2017 442280SCALE ( IN FEET )50 100NORTH Engineering |Architecture |Su r veying |Environmental WidsethSmithNolting.com Rochester 3777 40th Avenue NW Suite 200 Rochester, MN 55901-3297 507.292.8743 507.292.8746 Rochester@wsn.us.com May 12th, 2017 Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Comprehensive Guide Plan Amendment Justman Freight Lines, Eagan, MN Dear Ms. Dudziak, Currently the Justman Freight Lines property is zoned R-1 (Single Family Residential), with the Comprehensive Guide Plan indicating Low Density Residential. A freight line business is a non-conforming use within these designations. To keep up with current demand, projected growth, and to be competitive in the market, an expansion is necessary. Thus, an amendment to the Comprehensive Guide Plan is required, followed by a rezoning of the property to Limited Industrial. Justman Freight Lines has been a part of the Community for nearly 40 years. During this time, the City of Eagan has benefitted from the employment opportunities and steady tax base. Considering the owner and some employees live adjacent to the property, Justman Freight Lines has a larger vested interest in the property than what is typical. Also, serving as a buffer from State Highway 3 to the residences to the west, a commercial district across Highway 3, and the history Justman Freight Lines has with the community, an amendment to Industrial brings the Comprehensive Guide Plan up-to-date and reflects what has been taking place for nearly 40 years. The attached information is being submitted to complete the application for the Comprehensive Guide Plan Amendment request by Mike Neisius, owner of Justman Freight Lines. Based on the submittal date, we anticipate this application will be at the Eagan Advisory Planning Commission on June 27th, 2017, and the Eagan City Council on July 5th, 2017. If you should have any question on the application, please do not hesitate to contact me at craig.britton@wsn.us.com or (507) 292-8743. Thank you for your help on this project. We are looking forward to working with you. Sincerely, Craig Britton, PE Widseth Smith Nolting CC: Tod Sherman, Mn/Dot; Mike Neisius, Justman Freight Lines; Daryl Swanson, AB Systems Justman Freight Lines 4855 South Robert Trail Eagan, MN 55123 651-423-1020 Eagan Mayor and City Council Members RE: Council Meeting Tuesday, November 6, 2017 Justman Freight Lines, the company I formed in 1984, needs additional space to perform it’s work more efficiently. The planning commission recommended that a permit for an additional building be denied. Based on their comments at that time I came to the realize I did not make my case clearly. I am not expanding my business. The largest part of our business is doing long-haul mail routes for the United States Post Office facility in Eagan. Our size allows us to be more nimble and responsive to both our mail and freight customers who are also local. Growth is not in our plans as it would eventually hamper our ability to quickly respond to customer needs. My son expects to continue operating in our current location for many years at the current level of business. We employ 70 full and part time workers, we pay good wages, and provide benefits. We have many local people and we employ several students from local schools part time a practice we started at least 20 years ago. It is also a Vietnam Vet owned business. I purchased the property my current shop is on in 1978. At the time there was a building across the street and a small number of homes scattered in the neighborhood. I built the shop we currently do business from and have improved it over time. The space was more than we needed in ’84 but now we could use more. In 2016 I purchased the home at 4832 Dodd Road and a separate undeveloped 1.7 acres with a pole building on it that was behind the home and abutted my current properties. The permission to add another building on the undeveloped property at the southeast end of it to house new office space and another mechanical area with a wash bay is to facilitate better work flow. The building I’m proposing would be 80’x120’ which should be enough space for another 30-50 years even with the expected changes to the trucking industry. The past few years I have looked at other locations but the outlay for new facilities is way beyond what I would be comfortable with. We are truly a family owned small business and try to work within our limits. I believe that in the coming years we will continue to be an asset to the neighborhood, a contributor to the city of Eagan, and Dakota County. Sincerely, Mike Neisius Consent Agenda Information Memo November 6, 2017 Eagan City Council Meeting NEW BUSINESS B. Rezoning/Comprehensive Guide Plan Amendment – City Of Eagan Action to be Considered: To direct staff to submit the Comprehensive Guide Plan Amendment application to the Metropolitan Council for the properties located at 3940 Rahn Road and 4701 Galaxie Avenue. Required Vote for Approval: Majority of Council Members Present Facts: The subject properties are ~ .5 and 2 acres respectively. Both sites are zoned PF, Public Facility and guided QP, Quasi-Public/Institutional and contain fire stations that are no longer in use. Fire Station 1 (Rahn Road) is surrounded by developed properties that are zoned and guided for residential use. Fire Station 5 (Galaxie Ave) has developed properties zoned and guided for single family residential on all sides save for the property to the north that contains an office building and is zoned Limited Business (LB) and guided Office/Service (O/S). The new Fire Station 1, 4200 Blackhawk Road, was completed earlier this year and old Fire 1 and 5 operations have been combined at this new facility. Subsequently, the City has no need for the two subject parcels. Similar to the former Fire Administration Building, the City intends to change the Land Use Designation from QP to Office/Service (O/S) and Zoning from PF to Limited Business (LB). The O/S Guide Plan designation is compatible in proximity to residential due to the scale of the existing building; “These uses are fairly low intensity and can be compatible in close proximity to residential uses, given appropriate design and buffering.” Limited Business Districts “are areas that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use.” The Advisory Planning Commission held a public hearing on the proposal at their October 24, 2017 meeting, and did recommend approval of the amendments and rezoning. Attachments: (3) NBB-1 Location Maps NBB-2 Draft 10-24-17 APC Minutes NBB-3 Planning Report STATE T.H . N O . 13JADE PTCEDARGROVEPKWYSAPPHIRE LN RAHN ROADDI AMONDDRI VEGOLD TRAIL AMETHYST LANEBLUES T ONE LANE BERYL ROADBLUESTONE DRN IC O L S R O A D FLINT DRTOPAZ DRIVERIV V L Y W A Y CEDARGROVEPKWYPUMICE POINT EMERALDLANE ALDER LANERAHNROADCARNELIAN LANE DOLOMITEDRO L I VI NEDREAGANOUTLETSPKW YF L I NT LANE JADE LANEMICA TRAILF E N W A Y BER Y L R O A D CA RNE LIAN LANE PUMICE LANEG O L D T R A I L JADELANE TURQUOISE TRAILCEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVDWoodhavenPark BridgeviewPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Former Fire Station #1Request: Comprehensive Guide Plan Amendment and RezoningCase N o.: 20-CG-03-09-17, 20-RZ-09-09-17 Subject Site CLIFF DRIVE SAFARICTNBERKSHIRE CTSAFARI TR NARVIK D R L E N O RELANEC O V IN G T O N L N BERKSHIRESAFARI CI RROY A LED R VIBURNUM TRAIL CLIFFVIEWDRIVE RIDGE WIN D TRAIL CL O VER LN B A M B L E C RWALNUTLANE S K Y V IE W C T S A FARITR PIN OAK DR PIN OAK DR RAHN WAY COVINGTON LN SAFARI TRPARKCENTER DRWALNUTLNROYALE WAYSHALE LANE COVINGTON LN SAFARIHE IGHTS T RSCOTTTRAIL CLIFFLAKEROAD P LAZADRIVED R A K E D R COUNTY STATE AID HIGHWAY NO. 32 ( CLIFF ROAD ) T A M P E R E C R FOX RI D GECTLENORELANEN O K IA W A Y BERKSHIREWAYKINGS RD ROYALE DRIVECLIFFVIEWDRIVEOAK WAYN O K I A W A Y PELLOCIRROYA LEINTERSTAT E HWY. NO. 35EW O O DGATECTRAHNCLIFF ROADSAFA R I TRAI LNANCY CR SAFARI PASSSHALE LANE RAHNCLIFFCT VI ENNALANEPONDVIEWDR BEECHER DR FLORAD RVIENNA LANE ROYALEDRROYALETRKINGSRDCLIFFLAKERD.SCOTT TR AIL BLACKHAWK ROADWEST W I N DT RA I L KARIS WAY SENJA CT DRIVE CLOVER LNSTATE T.H. NO. 77GALAXIE AVEBLACKHAWK ROADKINGSRDRAHN ROADCLIFFHILLLAN E CLIFFLAKERD.NARVIKCTROYALE PLWALN U T LN FOR S S A W AYCOURT HICKORYHILLSAFARICTSCOVIN G TONLNINTERSTATE HWY. NO. 35ERAHNCLIFF C TMeadowland ParkHighlineTrail Park KettlePark RidgecliffPark Rahn Park RahnAthleticPark Lebanon HillsRegional Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Fire Station #5Request: Comprehensive Guide Plan Amendment and RezoningCase N o.: 32-CG-02-09-17, 32-RZ-06-09-17 Subject Site Advisory Planning Commission October 24, 2017 Page 2 of 21 IV. PUBLIC HEARING New Business A. Former Fire Station 1 Applicant Name: Mike Scott, City of Eagan Location: 3940 Rahn Road Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment to from QP, Quasi-Public to O/S, Office File Number: 20-CG-03-09-17 Application: Rezoning A Rezoning from PF, Public Facility to LB, Limited Business. File Number: 20-RZ-09-09-17 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated October 12, 2017. Chair Piper opened the public hearing. Cynthia Merrida, 4717 Berkshire Court, asked about the types of uses that would be allowed and if residential had been considered. She also requested that the trees on the subject site not be removed. Kelly Kieffer, 4723 Berkshire Court, asked about future uses and his desire to maintain the trees on the subject parcel. Peter Veilleux, 1925 Berkshire Drive, asked about future uses and his desire to maintain the privacy the trees provide on the subject parcel. Edward Finley, 3520 Widgeon Way, suggested the Request For Proposal (RFP) process lacks transparency. He asked if he could view the proposals submitted. He also asked if anyone has made a firm offer. He stated that he had made an offer that was rejected. He went on to say that he was not in favor of the City continually selling tax payer-owned property that, based on his research, was an unusual practice in the metro area. Finally, Mr. Finley suggested the items under consideration be tabled. Mark Teats, 1738 Sartell, stated all proposals should be considered in a public forum. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. City Planner Ridley provided an explanation regarding the uses allowed in the LB Zoning District. Ridley also explained that once the properties are sold, the new private owner will control the trees. City Attorney Bauer explained that purchase proposals are subject to data privacy rules. Member Goff asked why the Guide Plan Amendment and Rezoning was occurring now. Ridley explained that the current land use designation and zoning severely restricts the use of the property and reduces the attractiveness to a private buyer. Advisory Planning Commission October 24, 2017 Page 3 of 21 Member Weimert asked if there would be further process once the properties are sold. Ridley stated there would not be further formal process if the future use was a permitted use in the LB Zoning District. Member Vanderpoel moved, Member Weimert seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from QP, Public/Quasi-Public, to O/S, Office Service, for 3940 Rahn Road. Motion carried 6-1 (Goff) Member Vanderpoel moved, Member Weimert seconded a motion to recommend approval of a Rezoning from PF, Public Facilities, to LB, Limited Business, for 3940 Rahn Road.. Motion carried 6-1 (Goff) Advisory Planning Commission October 24, 2017 Page 4 of 21 B. Fire Station 5 Applicant Name: Mike Scott, City of Eagan Location: 4701 Galaxie Ave; Lot 1, Block 1, Schindeldecker 4th Addition & Outlot D, Galaxie Cliff Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from QP, Quasi-Public to O/S, Office File Number: 32-CG-02-09-17 Application: Rezoning A Rezoning from PF, Public Facility to LB, Limited Business. File Number: 32-RZ-06-09-17 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated October 12, 2017. Chair Piper opened the public hearing. Cynthia Merrida, 4717 Berkshire Court, asked about the types of uses that would be allowed and if residential had been considered. She also requested that the trees on the subject site not be removed. Kelly Kieffer, 4723 Berkshire Court, asked about future uses and his desire to maintain the trees on the subject parcel. Peter Veilleux, 1925 Berkshire Drive, asked about future uses and his desire to maintain the privacy the trees provide on the subject parcel. Edward Finley, 3520 Widgeon Way, suggested the Request For Proposal (RFP) process lacks transparency. He asked if he could view the proposals submitted. He also asked if anyone has made a firm offer. He stated that he had made an offer that was rejected. He went on to say that he was not in favor of the City continually selling tax payer-owned property that, based on his research, was an unusual practice in the metro area. Finally, Mr. Finley suggested the items under consideration be tabled. Mark Teats, 1738 Sartell Ave, stated all proposals should be considered in a public forum. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. City Planner Ridley provided an explanation regarding the uses allowed in the LB Zoning District. Ridley also explained that once the properties are sold, the new private owner will control the trees. City Attorney Bauer explained that purchase proposals are subject to data privacy rules. Member Goff asked why the Guide Plan Amendment and Rezoning was occurring now. Ridley explained that the current land use designation and zoning severely restricts the use of the property and reduces the attractiveness to a private buyer. Member Weimert asked if there would be further process once the properties are sold. Advisory Planning Commission October 24, 2017 Page 5 of 21 Ridley stated there would not be further formal process if the future use was a permitted use in the LB Zoning District. Member Vanderpoel moved, Member Weimert seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from QP, Public/Quasi-Public, to O/S, Office Service, for 4701 Galaxie Avenue. Motion carried 6-1 (Goff) Member Vanderpoel moved, Member Weimert seconded a motion to recommend approval of a Rezoning from PF, Public Facilities, to LB, Limited Business, for 4701 Galaxie Avenue Motion carried 6-1 (Goff) PLANNING REPORT CITY OF EAGAN REPORT DATE: October 12, 2017 CASE: 20-CG-03-09-17; 20-RZ-09-09-17 32-CG-02-09-17; 32-RZ-06-09-1 APPLICANT: City of Eagan HEARING DATE: November 28, 2010 PROPERTY OWNER: City of Eagan APPLICATION DATE: September 20, 2017 REQUEST: Comp. Guide Plan Amendment PREPARED BY: Michael J. Ridley, AICP Rezoning LOCATION: 3940 Rahn Road 4701 Galaxie Avenue COMPREHENSIVE PLAN: QP, Public/Quasi-Public ZONING: PF, Public Facilities SUMMARY OF REQUEST The City of Eagan is requesting approval of a Comprehensive Guide Plan Amendment from QP to Office Service (O/S), and a Rezoning from PF to Limited Business (LB) for two City- owned parcels. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city’s Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city’s Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city’s Comprehensive Guide Plan is requested, it is the city’s responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city’s action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report – Eagan Fire 1 & 5 October 24, 2017 Page 2 Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Prior to completion of the new Fire Station One at 4200 Blackhawk Road earlier this year, the subject properties contained Fire Station One and Five. Fire operations at these two locations have been consolidated to the new Fire One resulting in the City no longer having a need for the subject parcels/buildings. The City Council directed staff to initiate the Comprehensive Guide Plan Amendment and Rezoning at their regular meeting of September 19, 2017. The City Administrator and Fire Chief held public meetings at both facilities in May of this year to inform surrounding neighbors of the City’s intent to sell both properties. Property owners within 350’ of each parcel were invited. EXISTING CONDITIONS 3940 Rahn Road Constructed in 1963, the 5,100 SF building sits on a ½-acre unplatted parcel. 4701 Galaxie Avenue Constructed in 1988, the 5,000 SF building sits on a combined 2.6-acre parcel. Both buildings are currently vacant and the City has solicited Requests for Proposals from interested parties to start the process to sell the facilities. SURROUNDING USES In addition to residential uses, Mount Calvary Lutheran Church is located to the north of 3940 Rahn Road. 4701 Galaxie Avenue is also surrounded by residential uses save for a two-story office to the north. Planning Report – Eagan Fire 1 & 5 October 24, 2017 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area – The proposed O/S Guide Plan designation is compatible in proximity to residential uses; the description in the Comprehensive Plan states: “These uses are fairly low intensity and can be compatible in close proximity to residential uses, given appropriate design and buffering.” The proposed LB Zoning District has the following stated purpose in the City Code: “Limited Business Districts are areas that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use (offices, clinics and the like). Analysis – No changes are proposed to the existing building, site or landscaping. Both sites are served by City water, sanitary and storm sewer systems. Both parcels will be platted into a formal Lot and Block and all necessary drainage and utility easements will be dedicated with the new plats. Parks and Recreation – As public facilities, these parcels were exempt from park and trail dedication at the time they were developed. Park and trail dedications will become due at the rates in effect at the time of the sale of the property for private use. The 2017 rates are $255/1,000 SF of building for park dedication and $1,289/acre for trail dedication. The math for each is as follows. Fire One: Park Dedication – 5,100/1,000 = 5.1 x $255 = $1,300 Trail Dedication – $1,289 x .5 acre = $645 Total = $1,945 Fire Five: Park Dedication – 5,000/1,000 = 5 x $255 = $1,275 Trail Dedication – $1,289 x 2.6 acre = $3,351 Total = $4,626 SUMMARY/CONCLUSION The City of Eagan is requesting approval of a Comprehensive Guide Plan Amendment and Rezoning for City-owned properties located at 3940 Rahn Road and 4701 Galaxie Avenue. Until earlier this year, the two sites were functioning fire stations. These operations have been Planning Report – Eagan Fire 1 & 5 October 24, 2017 Page 4 consolidated at the new Fire Station One located at Diffley and Blackhawk. As such, the City intends to dispose of these two properties. In anticipation of the sale, the City is seeking to change the land use to O/S and the zoning designation LB. The proposed Land Use designation and Zoning appear consistent with the surrounding properties. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from QP, Public/Quasi-Public, to O/S, Office Service, for 3940 Rahn Road. To recommend approval of a Rezoning from PF, Public Facilities, to LB, Limited Business, for 3940 Rahn Road. To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from QP, Public/Quasi-Public, to O/S, Office Service, for 4701 Galaxie Avenue. To recommend approval of a Rezoning from PF, Public Facilities, to LB, Limited Business, for 4701 Galaxie Avenue. Rahn RoadBeryl Road60 030 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 3940 R ahn Rd (former Fire Station No. 1) Plaza Drive Galaxie AvenueBerkshire Court70 035 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 4701 Galaxie Ave (former Fire Station No. 5) Agenda Information Memo November 6, 2017, Eagan City Council Meeting NEW BUSINESS C. Planned Development Amendment – Walser Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from I-1, Limited Industrial to PD, Planned Development for approximately 17.5 acres located at 2875 Hwy. 55. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Planned Development to allow to allow the outdoor storage and wholesale auctions of motor vehicles, motor vehicle detailing, repair, and maintenance for approximately 17.5 acres located at 2875 Hwy. 55, subject to the conditions listed in the APC minutes. Required Vote For Approval: Rezoning = At least three votes Preliminary Planned Development = At least three votes Facts: The applicant is proposing to use the property for an automobile reconditioning center, including the sale of motor vehicles through wholesale auctions. The acceptability of the proposed use is a policy matter for City officials. The existing building will be remodeled for the 70,000 sf shop area, and 12,000 sf of support area and offices. Vehicles acquired through trade-in and auction purchases come to the center for reconditioning, and then are transported to Walser dealerships to be offered for sale as pre-owned vehicles. The vehicles are stored outside while on the site, and vehicles not meeting standards for resale at dealerships as sold at weekly auctions to be held at the site. All sales are wholesale so buyers must represent licensed dealers. The Planned Development zoning is proposed because sales and service of motor vehicles is limited to trucks and does not extend to passenger vehicles. PD zoning can accommodate the combination of uses including the service and repair of passenger vehicles, as well as the wholesale sales of passenger vehicles. The wholesale nature and the large scale of this operation seem better suited to an industrial property than a commercial retail site. The property was platted in 1904, and developed in 1965. Consequently, the existing development is deficient to several current City Code performance standards which are identified in the staff report. An evaluation of the proposal relative to the outdoor storage standards is also detailed in the report. To summarize: o The amount of employee/guest parking proposed is less than required by City Code o There is limited storm sewer and no storm water treatment for the site o Fire hydrant coverage does not meet engineering or fire department standards o The proposal results in a slight increase to existing green space o The storage area is screened from the street by the building and existing wing- wall, and from adjacent properties by topography and existing vegetation o New landscaping is proposed in the front parking lot; no landscaping is proposed within the outdoor storage area o Some of the existing accessory structures and tanks on the western portion of the lot are proposed to be removed The Advisory Planning Commission (APC) held a public hearing on the proposal at their October 24, 2017 meeting, and did recommend approval on a 5-2 vote. Issues: A revised Site Plan was provided following the APC meeting that addresses some of the issues identified in the staff report and discussed at the public hearing. The revised plan addresses issues related to stormwater management and treatment, surfacing of the storage area, perimeter curb and gutter, fire protection, and right-of-way dedication for the future extension of Commers Drive. The revised Site Plan shows: o Storage for up to six (6) oversized vehicles at the west edge of the site (Condition #3) o Some right-of-way for the future thru-street is shown, however, not enough is being provided to construct the extension of Commers Drive. The future right- of-way should be shown to connect to the existing right of way to the east, and be dedicated in a form acceptable to the City Attorney. (Condition #12) o Curb and gutter around some, but not the entire, perimeter of the storage lot. The most critical areas where curb and gutter is needed for containment of vehicles and managing storm drainage are covered. (Condition #13) o Water main is shown to be looped around the building and additional hydrants added to give adequate building coverage (Condition #11) o A sediment and oil separator structure is proposed (Condition #7) o No new storm sewer is proposed, but the existing storm sewer drains the low point of the storage lot The acceptability of the revised Site Plan and proposed site improvements is a policy matter for the City Council and if approved, the following modification to the conditions of approval should be made: o Condition #12 - Add “The right-of-way shall be dedicated to the City in a form acceptable to the City Attorney prior to release of the Planned Development Agreement for recording.” 60-Day Agency Action Deadline: November 19, 2017 Attachments: (5) NBC-1 Location Map NBC-2 Draft October 24, 2017, APC Meeting Minutes NBC-3 Revised Site Plan dated October 31, 2017 NBC-4 Planning Report NBC-5 Report Exhibits INTERSTATEHWY.NO.35ECOUNTY ROAD NO.43 (LEXINGTON AVE.)LUNAR LANEKENNETH ST MI K E C O LLIN S D R GRAND OAK CIR W STATETRUNKHWY.NO.149KEEFE ST L O N E OAKPARKWAY STATETRUNK HWY.NO.55 B L U E WA T E R R D WESTSERVICEROADNORTHWEST P A R K W AYLONE O A K P A R K W AY COURTHOUSE LNBLUEGENTIANRDCO. ROAD NO. 43 LEXINGTON AVENUE SO.STATE TRUNK HWY. NO. 55 LONE OAK CIRCLENEIL ARMSTRONG BLVDC O M M E R S D R HOLIDAY LNBEATRICE S T APOLLO ROAD WATERS R D HOLIDAY LNS T A T E T R U N K H W Y. N O . 1 4 9GRAND OAK CIR EMCKEE ST C.S.A.H. NO.26 (LONE O AK RD.)FIRST STLONEOAKPARKWAYO 'N E IL L D R S T A T E T R U N K H WY . N O. 1 4 9 STATEHWYNO.55 G E M I N I R D B L U E G E N T IA N R D CLUBVIEW DR BLUE GENTIAN RD APOLLO ROAD LexingtonPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: WalserRequest: Rezoning & Preliminary Planned Develop mentCase Nos.: 02-RZ-08-09-17 & 09-PD-02-09-17 Subject Site Advisory Planning Commission October 24, 2017 Page 16 of 21 F. Walser Applicant Name: Jack Grotkin, RJ Ryan Construction Location: 2875 Hwy 55 Application: Rezoning A Rezoning from I-1, Limited Industrial to PD, Planned Development. File Number: 02-RZ-08-09-17 Application: Preliminary Planned Development A Preliminary Planned Development to allow outdoor storage and wholesale auctions of motor vehicles, and motor vehicle detailing, repair, and maintenance. File Number: 02-PD-02-09-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 19, 2017. Peter Coyle, applicant representative, commented that current deficiencies exist on the site relative to current City standards and that the proposed use is not a storage yard as that is not Walser’s business. He clarified that truck fleets and RV’s received via trade-in would be located on site from time to time. He also stated that occasionally inoperable vehicles and often unlicensed vehicles would be stored on-site and suggested limiting that type of storage. Mr. Coyle also suggested that the condition requiring dedication of right-of-way to complete the Highway 55 frontage road was not appropriate with this application. He further suggested that conditions 13 & 14 were redundant and should be stricken. Member Weimert asked how many wholesale dealers show up for the weekly auction and how long vehicles are typically stored on site, and how the entrance to the storage area is controlled so the public is prevented from going into that area. Doug Sprinthall, Walser Automotive Group, stated 30-40 buyers attend the weekly auction and Walser’s goal is to move the reconditioned vehicles to the dealerships within 4-7 days. He further explained that the area is fenced, and the driveway to the storage area is gated. Member Vanderpoel asked about the apparent shortfall in parking available for visitors at auction time, and how many inoperable vehicles are typically present, explaining that the City does not want the site to become a junk yard, and asked about screening of the storage from off-site views. Mr. Sprinthall stated employee parking could be moved into the gated storage area during the auctions if necessary. He further explained that inoperable vehicles are also sold through the auction and do not stay on site for long periods of time. Walser tries to get quick turnover of vehicles. He further explained that the building blocks views of the storage from the front, and berming and slopes screen views from adjacent lots. David Phillips, architect for the applicant, explained that this site is larger than the applicant’s current location and will allow for growth, with a greater volume of vehicles moving through the reconditioning process. He stated about 20 out of over 1,000 vehicles that come through the site in a month are inoperable, and those are moved off site rapidly. Chair Piper opened the public hearing. There being no public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. Advisory Planning Commission October 24, 2017 Page 17 of 21 Member Goff asked the City Attorney if condition 12 was appropriate. City Attorney Bauer stated it was. Member Weimert stated he was comfortable dropping the second sentence in condition 2, expanding condition 3 regarding limited time storage for inoperable vehicles, and that he believes conditions 12-14 are appropriate. City Planner Ridley explained the Site Plan should be revised to reflect storage areas for oversized vehicles. Member Vanderpoel stated conditions 13 & 14 should stay. Chair Piper asked if the language in Condition #14 should be modified or removed if there is going to be no grading. City Planner Ridley stated the language should remain, since the requirements depend on the extent of site work undertaken. The request to remove conditions is a policy matter for the City Council. Member Heckmann stated she was not convinced that the proposal was the best use for the property. Member Torres stated the PD zoning anticipates a benefit to both parties and she was unclear of the benefit to the City with the proposed use. Mr. Coyle explained the site was platted in the 1900’s, developed in the 1960’s and has the right to continue the use in perpetuity. Benefits to the City include updating a tired industrial site, Walser’s high profile image and that a PD approach was suggested by staff to avoid opening up the Industrial zoning district City-wide. Member Weimert moved, Member Goff seconded a motion to recommend approval of a Rezoning from I-1, Limited Industrial, to PD, Planned Development, upon approximately 17.5 acres located at 2875 Hwy. 55. Motion carried 5-2 (Heckmann, Torres) Member Weimert moved, Member Vanderpoel seconded a motion to recommend approval of a Preliminary Planned Development to allow the outdoor storage and wholesale auctions of motor vehicles, and motor vehicle detailing, repair, and maintenance upon approximately 17.5 acres located at 2875 Hwy. 55, subject to the following conditions, as amended: 1. A Planned Development Agreement shall be shall be executed and recorded against the property at the Dakota County Recorder’s office. The Preliminary PD Agreement shall contain the following plans. a. Site Plan b. Landscape Plan 2. Outdoor storage shall be consistent with the approved Site Plan. All drive aisles shall be maintained free of obstruction. Advisory Planning Commission October 24, 2017 Page 18 of 21 3. The applicant shall provide a revised Site Plan that depicts adequate employee and guest parking, and commercial and oversized vehicle parking/storage. 4. All vehicles that are parked or stored outside shall be in operable condition. Those vehicles that are in inoperable or unlicensed condition shall be limited to 10 days storage time outside. 5. Auctions shall be limited to one day a week, wholesale sales only and all buyers must have a dealer’s license. 6. Unrelated storage including the airplane fuselage shall be removed from the property by May 31, 2018. 7. The applicant shall include an appropriately sized and designed storm sewer structure(s) to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. Details shall be included in applicable plan sheet(s). 8. If this site development adds or fully-reconstructs 10,000 square feet or more of impervious surface, then 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 effective retention of the site’s new/fully-reconstructed impervious surface area. 9. 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. 10. The applicant shall provide the City Engineer as-built plans that demonstrate that all modified and constructed stormwater structures/facilities (including conveyance) conform to design and/or construction plans, as approved by the City. 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. 11. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 12. The applicant shall dedicate adequate right-of-way and drainage and utility easements to allow the connection of Commers Drive and Beverly Drive. 13. The applicant shall upgrade all deteriorated outdoor storage/parking lot areas, add concrete curb and gutter around the perimeter of the outdoor storage/parking lot areas, and add an adequately sized storm sewer system to current engineering standards, in a manner acceptable to the City Engineer prior to commencing the outdoor storage approved with this Planned Development. 14. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage/parking lot areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. Advisory Planning Commission October 24, 2017 Page 19 of 21 15. This applicant shall be responsible for the acquisition of all regulatory agency permits and approvals. Member Sagstetter expressed some reservation about what the revised Site Plan might look like, since the Commission hasn’t seen it. City Planner Ridley stated the applicant may submit the revised Site Plan for inclusion with the materials that go to the City Council. A vote was taken. Motion carried 5-2. (Heckmann, Torres) 5' PARKING SETBACK24.0'33.0'30.9'62.0'62.0'10.0'19.0'24.0'19.0'9.0'42.2'60.0'60.0'60.0'60.0'60.0'60.0'60.0'60.0'60.0'60.0' 18.0' 18.0' 48.4'GATEPHONEPEDESTALSJUDICIALLANDMARKB PB PB PB PB PB PB PB PB PBBBBBBB PBBWELLFLOODLIGHTBBBBBB PB PB PB PB PB PB PB PS 46°47'08" E 901.75R=5845.65Δ =02°34'08"L=262.09S 43°26'37" W 1219.92N 00°10'42" W 1686.87FLOODLIGHTBBBBBBBMANHOLETANKBUILDINGBUILDINGBUILDING BUILDING(PAINT OVEN)BUILDINGCABLEBOXCHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD50 5050 506666H/CRAMPSIGNBBB21.521.961.073.283.7141.140.3262.6262.74.6115.384.332.380.6180.762.724.114.1BUILDINGBUILDING21.537.1EXISTING BUILDING #2875CONCRETE SIDEWALKWALLDOCKBBBBBBBBBBCABLERACKCONCRETE APRONCONCRETESPUR TRACK-DISCONNECTEDRAILROAD TRACKCONCRETE WALKCHAIN LINK FENCECHAIN LINK FENCECHAIN LINK FENCEMENDOTA ROAD (NOT TRAVELLED)HYDRANTPOWER POLE (TYP)B PSTEELRETANINIGWALLCONCRETEMISCCONCSLABBBGASSVCUNDERGROUND ELECTRICHYDRANTENTRANCE GATESTATE TRUNK HWY. NO. 55STEPSSTEPSGASSVC20.380.320.236.420.633.3CONCCONCFUELTANKMETALTANKSTEPSGRAVELSTEPSCONCWALLCONCRETEWITH POWERBOXREMOVE AND REPLACE FIRE HYDRANT,IN-KIND AT FINAL GRADEREMOVE EXISTINGBUILDING INFILL WITH BITUMINOUS PAVEMENTEXISTING PAVEMENT EDGEREMOVE EXISTING CABLE RACKREMOVE EXISTINGFUEL TANKSPROTECT EXISTINGTANKS AND BUILDING TO REMAINFULL DEPTH RECLAIM ANDREPAVESAWCUT AND REMOVE PAVEMENTAS REQ'D TO ACCOMMODATEPROPOSED LANDSCAPE ISLANDSREMOVE BOLLARD (TYP.)RESTRIPE EXISTING BITUMINOUS AS SHOWN88 PROPOSED VISITOR AND EMPLOYEEPARKING SPACES10'X19'. INCLUDING 4 ACCESSIBLE SPACESFUTURE ROAD, BY OTHERSPROPOSED STORMWATER FEATUREREMOVE ABANDONED RAILROAD TRACKB612 CURB AND GUTTER, TYP.B612 CURB AND GUTTER, TYP.B612 CURB AND GUTTERPROVIDE OIL SEPARATOR TO EXISTING STORM STRUCTUREEND OF CURBLINEASPHALT PAVEMENT EDGE TO REMAINFOLLOWING FULL DEPTH RECLAIM AND REPAVE24.0'25.9'PROTECT EXISTING GATE, TO REMAIN24.0'FIRE SERVICE, TYP.FIRE HYDRANT,TYP.PROPERTY SETBACK 5', TYP.REMOVE AND REPLACEWITH DRIVE-OVER TYPECATCHBASIN4324649276058514944403934325652444232285250119162122171225RESTRIPE BITUMINOUS AFTER FULL DEPTHRECLAIM AS SHOWN. 975 PROPOSEDSTORAGE PARKING SPACES 9'X18'10.0'OVERFLOW/EMPLOYEEPARKING6 LARGE VEHICLE SPACES222234.0'29.9'3 2 . 0 '25.5'Project Number:Issue Date:Revision Number:Revision Date:4931 W. 35TH ST., #200ST. LOUIS PARK, MN 55416952.250.2003 / 763.213.394www.CivilSiteGroup.com01" = 100'-0"100'-0"50'-0"NLEGENDNEW CURB AND GUTTERHYDRANTRECLAIMED BITUMINOUS PAVEMENTWATER FOR FIRE SERVICE2875 HIGHWAY 55, EAGAN, MN 55121SITE PLANC1.01717810/31/2017.. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 19, 2017 CASE: 02-RZ-08-09-17; 02-PD-02-09-17 APPLICANT: RJ Ryan Construction HEARING DATE: October 24, 2017 PROPERTY OWNER: TP Universal APPLICATION DATE: September 20, 2917 Exports, LLC REQUEST: Rezoning & Preliminary PREPARED BY: Pam Dudziak Planned Development LOCATION: 2875 Hwy. 55 COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is proposing a Rezoning from I, Limited Industrial, to PD, Planned Development, and a Preliminary Planned Development to allow the outdoor storage and wholesale auctions of motor vehicles, motor vehicle detailing, repair, and maintenance upon approximately 17.5 acres located at 2875 Hwy. 55. Because the property is already developed and the proposal is a single-phase re-use of the site, approval of the Preliminary Planned Development would constitute simultaneous approval of a Final Planned Development for the property, subject to the execution of a Final Planned Development Agreement. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. Planning Report – RJ Ryan (Walser) October 24, 2017 Page 2 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The property was platted in 1904 as part of Robert O’Neill Homestead. It is 17.5 acres in size and triangular in shape. There is an existing office/manufacturing/warehouse building on the property. The site has right-in/right-out direct access to Hwy. 55, and full access to Hwy. 55 and Dodd Rd./Hwy. 149 via Commers Drive to the south. EXISTING CONDITIONS The existing office/manufacturing/warehouse building is located on the northern portion of the site, with parking lot in front of the building. The area west of and south of the building is being used for outdoor storage of equipment, and the rear (south) boundary abuts the railroad tracks. The front parking lot is paved with curb and gutter perimeter. The front yard and foundation around the building also contains existing landscaping. However, much of the pavement in the rear portion of the property is in poor condition and lacks perimeter curb and gutter. There is an existing above ground tank and a few small accessory buildings on the west edge of the site. Trash storage is located on the west side of the building screened from front yard views by a solid wing wall that projects from the northwest corner of the building. This wing wall also serves to screen the service and outdoor storage areas. Planning Report – RJ Ryan (Walser) October 24, 2017 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Restaurant/Retail PD, Planned Development RC, Retail Commercial South Railroad/Warehouse/ Distribution I-1, Limited Industrial IND, Limited Industrial East Warehouse/Business Center I-1, Limited Industrial IND, Limited Industrial West Warehouse/Distribution I-1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Proposal – The applicant is requesting that the property be Rezoned to PD, Planned Development, to allow an automobile detailing center and the sale of motor vehicles through wholesale auctions. The property is zoned I-1, Limited Industrial. Wholesaling is permitted in the I-1 zoning district, however, sales and service of motor vehicles is limited to trucks, and does not extend to passenger vehicles, and then a Conditional Use Permit is required. For this reason, the applicant is proposing to Rezone the property to PD, Planned Development, to accommodate the combination of uses including the service and repair of passenger vehicles, as well as the sale of passenger vehicles. The acceptability of the proposed use is a policy matter for City officials. Narrative – As described in the submitted narrative, Walser acquires vehicles through trade-ins and auction purchases. The vehicles come to the detailing center for reconditioning, and then are transported to Walser dealerships where they are offered for sale as pre-owned vehicles. According to the narrative, Walser reconditions 900 – 1,500 vehicles for sale at various Walser dealerships each month. Walser acquires the vehicles through trade-ins and auction purchases. Wholesale auction of vehicles that do not meet Walser’s standards for resale at its dealerships is part of the operation. Auctions are held most Mondays, with 80-100 vehicles sold at each auction. The narrative states that “The number of vehicles sold at each of the auctions will increase with the increase in vehicles being reconditioned,” and “There are no retail sales; all buyers must represent licensed dealers.” The building contains an existing 70,000 sf shop area with 12,000 sf of support area and offices. Interior remodeling will create 35-40 service bays, 4-5 hand wash bays and two photo booths, electrical vehicle charging stations, an 8,000 sf body shop with two paint booths for “light bumper and dent repair as well as wheel reconditioning and painting. There will be no crash repair or retail body repair.” Planning Report – RJ Ryan (Walser) October 24, 2017 Page 4 Compatibility with Surrounding Area – Automobile repair is typically considered a retail commercial use, appropriately located in CSC or GB zoning. Because the proposed center is for auto dealer’s stock and not individual retail service, and the scale of the volume of vehicles is so large, it is more appropriately located in an industrial area. This property and the surrounding area all contain industrial uses and other outdoor storage is prevalent in the vicinity. Evaluation – Staff has some concerns about the proposal and potential impacts from the proposed activities, particularly the recurring auctions. First, ensuring there is enough parking on site for the buyers who come for the auctions. With 12,000 sf of office, and 70,000 sf of shop/production area, City Code would require 159 parking stalls; 84 parking stalls are proposed. This is a deviation to City Code standards. In addition the narrative indicates potentially up to 200 employees at this facility, which implies a parking demand that exceeds the available 84 parking stalls, not including the parking needed for buyers coming to the auctions. Based on the numbers presented in the applicant’s narrative, the Site Plan should be revised to reflect adequate employee and guest parking. Second, City Code also prohibits the outdoor storage of inoperable or unlicensed vehicles. All vehicles that are parked or stored outside should be in operable condition to avoid the area becoming a de facto junk yard. All inoperable or unlicensed vehicles should be kept within the building until restored to an operable state and licensed. Third, auctions should be limited to wholesale sales only, where buyers must have a dealer’s license. This restriction reiterates the applicant’s proposal, and is consistent with other industrial uses. Lastly, unrelated storage including the airplane fuselage should be removed from the property. Airport Noise Considerations – The site is located within Airport Noise Policy Zone 4, within which the proposed use is considered compatible. Site Plan – The proposed site plan identifies outdoor storage of vehicles west and south of the building. The front parking lot will be restriped and islands added at the north end of the parking rows. 84 parking stalls will be provided in this area. The southerly accessory building along the west side of the property is proposed to be removed and the area restored with bituminous asphalt. Along the west edge of the site, the northerly accessory buildings and existing tank are proposed to remain, and the two existing southerly accessory buildings are proposed to be removed. Existing fuel tanks immediately west of the building are also proposed to be removed. Outdoor Storage – The proposed outdoor vehicle storage shows 1,056 vehicle stalls, with dimensions 9’ x 18’ and 24’ wide drive aisles. A minimum 5’ parking setback from the property line will be maintained. These stall dimensions are smaller than the minimum vehicle parking stall size in City Code. Since the area is not required parking, the acceptability of smaller stall sizes for the outdoor storage area is a policy matter for City officials. Planning Report – RJ Ryan (Walser) October 24, 2017 Page 5 City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The area of outdoor storage is enclosed with an existing fence. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed outdoor storage is located within the west side yard and the rear yard of the property. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The property is surrounded by industrial property to the west, south and east. There is landscape screening along the west side of the property, and existing vegetation along the south side along the railroad. Because it is behind the building and the shape of the parcel, the outdoor storage area is not visible from the north, and screening from other industrial properties is not required. Topographic changes at the perimeter of the site also serve to screen the property from off-site views. The ends of the rows are proposed to be striped rather than constructed landscaped islands as is typical for off-street parking areas. The acceptability of the lack of landscaped islands to break up the expanse of asphalt and define drive aisles in the outdoor storage area is a policy matter for City officials. d. The storage area shall not interfere with any pedestrian or vehicular movement. Vehicular movement through the site will be maintained through 24’ wide drive aisles throughout the storage area. Pedestrian access to the building is maintained at the front of the building, and service areas around the building are not impacted by the proposed outdoor storage. e. The storage area shall not take up required parking spaces or landscaping areas. Planning Report – RJ Ryan (Walser) October 24, 2017 Page 6 The outdoor storage is proposed to utilize the existing paved area, and is not proposed to displace existing landscaped areas. However, because the site appears short of parking stalls necessary for employees and guests, some portion of the proposed outdoor storage area may be needed for employee/guest parking. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposal indicates that the outdoor storage area will utilize the existing bituminous surface. A site visit revealed that much of the existing bituminous in the southern portion of the site is in very poor condition. Therefore, the outdoor storage does not satisfy this standard as proposed. All deteriorated outdoor storage and parking lot areas should be upgraded with bituminous asphalt, and concrete curb and gutter added around the perimeter of the outdoor storage/parking lot areas Landscaping – New landscaping is proposed within new islands to be constructed within the front parking lot. There are existing trees along the east side of the property and near the building, and in the front yard areas. No additional landscaping is proposed in the rear lot area. Mechanical Equipment – Any new or replacement mechanical equipment will be subject to screening standards in City Code Sec. 11.70, Subd. 21. Where visible, new rooftop equipment must be painted to match the building or physically screened with a material that is visually integrated with the principal structure. Topography/Grading – The majority of the site is generally flat with elevations ranging from approximately 855 to 845, and the site slopes to the north. The Chicago, Milwaukee, St. Paul and Pacific Railroad line runs along the south property line. The railroad tracks are approximately 20 to 25 feet above the elevation of the parking lot. Trees are located around the perimeter of the parcel and near the existing building. The majority of the parking lot is bituminous asphalt in need of significant repair/replacement, or gravel. There is no curb and gutter except for a small portion of the parking lot in the front of the building. The applicant’s narrative does not mention any site improvements, but the site plan indicates only minimal site work is proposed. Storm Drainage – The entire site lies within Drainage District F (as designated in the City Storm Water Management Plan – 2007). There is very little storm sewer on this site. The vast majority of storm water runs overland to the two ponds (FP-1.09 and FP-1.2) at the north side of the site. No stormwater improvements are included with this proposal. Wetlands – Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Planning Report – RJ Ryan (Walser) October 24, 2017 Page 7 Stormwater Management/Water Quality – One on site above ground fuel tanks from previous property use is proposed to remain. The proposal does not describe or depict any new or fully reconstructed impervious surface areas, but much of the existing impervious surface areas consist of degraded asphalt or compacted gravel in the southern half of the site. There is no on-site stormwater treatment. Existing stormwater management is directed to two stormwater pipes which flow off of the site for discharge into publicly-managed stormwater basins (FP-1.09 and FP-1.2), which both overflow into O’Neil Pond (FP-1). Because this site has business activities and outdoor equipment storage that have a high potential for oil/hydrocarbon illicit discharge into the public storm system and the site’s close connection to O’Neil Pond, the site should include effective oil and sediment removal prior to discharge into the public storm system. The applicant’s proposal does not currently include oil or sediment removal. If the proposed development includes additional or full reconstruction of impervious surface areas of 10,000 square feet or more, then this development should meet post-construction stormwater management requirements in City Code §4.34 for the site’s new and/or fully reconstructed impervious surface area(s). Sanitary Sewer/Water Main – Trunk water main and sanitary sewer of sufficient size, depth, and capacity are available along Commers Drive to the north. Sanitary sewer District N (as designated in the City’s Comprehensive Sanitary Sewer Plan) serves the entire site. The existing building is connected to water and sewer services, and no utility improvements are included with this proposal. There is only one fire hydrant on this property, and it is located at the entrance near Commers Drive. There is no record of any fire protection provided to the back of the building, or anywhere in the rear parking lot. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Streets/Access/Circulation – Currently, public street access for this property is via Commers Drive, the city owned commercial roadway that intersects the northern parking lot, and a right- in/right-out directly onto TH 55. Mn/DOT has allowed the direct connection to TH 55 because the cranes that the existing owner transports to and from the site cannot readily maneuver the intersection at Commers Drive and TH 55 to the east. With this current situation, it is easier and safer for the drivers to pull their equipment directly onto and off of TH 55 into the parking lot of this property. The city and Mn/DOT have been working toward completing a continuous frontage road to serve the commercial properties on the south side of TH 55 for many years. Beverly Drive (to the west) was extended to this property’s west property line in 2016. Currently, the only gap in a continuous frontage road is adjacent to this property. The last section in the gap was postponed because Mn/DOT intends to remove the direct access onto TH 55 when the frontage road is complete. Now that the crane company is planning to cease operations, the direct access will not be needed, and final section of frontage road can be completed as part of a future public improvement project. To assist in the construction of the frontage road, the applicant should dedicate adequate right-of-way to allow the connection of Commers Drive and Beverly Drive. Planning Report – RJ Ryan (Walser) October 24, 2017 Page 8 The applicant intends to utilize the existing parking lot/storage area for their vehicle operations. The plans indicate they only intend to re-stripe the existing pavement in the back of the building, and add a small amount of concrete curb and gutter and two landscaped medians to the front parking lot. The front parking lot currently has a small amount concrete curb and gutter and the pavement is in decent condition. The existing parking lot/storage area in the back of the building is primarily bituminous pavement that ranges from poor to extremely poor condition, and gravel, there is no curb and gutter and a very minimal and undersized storm sewer system. City Code requires parking lots and storage areas to be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for outdoor storage areas. The perimeter of outdoor storage areas and parking lots have historically been constructed with concrete cub and gutter for drainage and containment purposes. The applicant should upgrade all deteriorated outdoor storage/parking lot areas, add concrete curb and gutter around the perimeter of the outdoor storage/parking lot areas and add an adequately sized storm sewer system to current engineering standards, in a manner acceptable to the City Engineer. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage/parking lot areas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. Stormwater quality requirements, as described in the Stormwater Management/Water Quality section above, will apply if the total amount of “new” or “fully reconstructed” impervious surface exceeds 10,000 sf. “Fully reconstructed” is generally defined as any disturbance to the subgrade soils under the pavement or base material. There are no existing pedestrian facilities in the area, and no new facilities are included with this proposal. Easements/Permits/Right-of-Way – As stated above, the applicant should dedicate adequate right-of-way to allow the connection of the frontage road between Commers Drive and Beverly Drive. This applicant should be responsible for the acquisition of all regulatory agency permits and approvals. Financial Obligation – At this time, there are no pending assessments on the parcels. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, there is no outstanding trunk or lateral utility fees to be collected with this development. Tree Preservation/Green Space – Existing trees are proposed to remain. A few trees will be added with the construction of new landscaped islands in the front area. The development of the site pre-dates the minimum green space ordinance, which typically requires a minimum standard of 25% green space in industrial districts. The existing green space Planning Report – RJ Ryan (Walser) October 24, 2017 Page 9 ratio for this property is 21.9%. A 0.3% net reduction in impervious coverage is proposed, resulting in a net increase of green space to 22.2%. The proposal is an improvement to the existing non-conforming condition. Parks and Recreation – It appears park dedication has never been collected on this property. The property was platted in 1904, and the building was constructed in 1965. The development of the site pre-dates the establishment trail dedication in 1990. With no subdivision and no building expansion proposed at this time, no park or trail dedication is due. SUMMARY/CONCLUSION The applicant is proposing to Rezone the property to Planned Development to allow an automobile detailing center and the sale of motor vehicles through wholesale auctions. The property is currently zoned I-1, Limited Industrial, within which the sales and service of motor vehicles is limited to trucks, and does not extend to passenger vehicles. The Preliminary Planned Development proposes to accommodate the combination of uses including the service and repair of passenger vehicles, as well as the sale of passenger vehicles. The acceptability of the proposed Rezoning and use is a policy matter for City officials. The site is developed and outdoor storage is currently occurring on the site. Interior remodeling is proposed with no expansion of the building. The applicant is proposing outdoor storage of vehicles in the side and rear portion of the lot, with minimum site improvements. If approved, staff recommends that the outdoor storage area be improved to current site development standards. In addition, the applicant should dedicate adequate right-of-way to allow the connection of Commers Drive and Beverly Drive. Relative to the outdoor storage standards in the City Code, the proposal satisfies 4 of the 6 items with the exceptions being the amount of employee and guest parking, and painted versus landscaped islands within the storage area. Because the property is already developed and the proposal is a single-phase re-use of the site, approval of the Preliminary Planned Development would constitute simultaneous approval of a Final Planned Development for the property. A Final Planned Development incorporating revised Final Plans will be required prior to construction. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from I, Limited Industrial, to PD, Planned Development, upon approximately 17.5 acres located at 2875 Hwy. 55 To recommend approval of a Preliminary Planned Development to allow the outdoor storage and wholesale auctions of motor vehicles , and motor vehicle detailing, repair, and maintenance upon approximately 17.5 acres located at 2875 Hwy. 55. If approved the following conditions shall apply: Planning Report – RJ Ryan (Walser) October 24, 2017 Page 10 1. A Planned Development Agreement shall be shall be executed and recorded against the property at the Dakota County Recorder’s office. The Preliminary PD Agreement shall contain the following plans. a. Site Plan b. Landscape Plan 2. Outdoor storage shall be consistent with the approved Site Plan. Storage shall be limited to passenger vehicles and pick-up trucks, no commercial or oversized vehicles. All drive aisles shall be maintained free of obstruction. 3. The applicant shall provide a revised Site Plan that depicts adequate employee and guest parking. 4. All vehicles that are parked or stored outside shall be in operable condition. Any inoperable or unlicensed vehicles shall be kept within the building until restored to an operable state and licensed. 5. Auctions shall be limited to one day a week, wholesale sales only and all buyers must have a dealer’s license. 6. Unrelated storage including the airplane fuselage shall be removed from the property by April 1, 2018. 7. The applicant shall include an appropriately sized and designed storm sewer structure(s) to effectively separate and capture debris and contaminants (including hydrocarbons and sediment) from the storm water from this site prior to entering the public storm system. Details shall be included in applicable plan sheet(s). 8. If this site development adds or fully-reconstructs 10,000 square feet or more of impervious surface, then 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 effective retention of the site’s new/fully-reconstructed impervious surface area. 9. 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. 10. The applicant shall provide the City Engineer as-built plans that demonstrate that all modified and constructed stormwater structures/facilities (including conveyance) conform to design and/or construction plans, as approved by the City. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been Planning Report – RJ Ryan (Walser) October 24, 2017 Page 11 installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 11. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 12. The applicant shall dedicate adequate right-of-way and drainage and utility easements to allow the connection of Commers Drive and Beverly Drive. 13. The applicant shall upgrade all deteriorated outdoor storage/parking lot areas, add concrete curb and gutter around the perimeter of the outdoor storage/parking lot areas, and add an adequately sized storm sewer system to current engineering standards, in a manner acceptable to the City Engineer prior to commencing the outdoor storage approved with this Planned Development. 14. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage/parking lot areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 15. This applicant shall be responsible for the acquisition of all regulatory agency permits and approvals. INTERSTATEHWY.NO.35EN AVE.)LUNAR LANEKENNETH STM IK E C O LLIN S D R GRAND OAK CIR WS T AT E T R U N K H W Y.N O .1 49 KEEFE STL O N E O AKPARKWAYSTATETRUNKBLU E WA T E R RD WESTSERVICEROADNORTHWESTPARKWAYLONEO AKPAR KW A YCBL U E G E N T IANRDCO. ROAD NO. 43 LEXINGTON AVENUE SO.STATE TRUNK HWY. NO. 55LONE OAK CIRCLENEIL ARMSTRONG BLVDC O MMER S D R HOLIDAY LNBEATRICE STAPOLLO ROADWATERSRDHOLIDAY LNST ATE T RUNK H W GRAND OAK CIR EMCKEE STC.S.A.H. NO.26 (LONE OAK RD.)FIRST STLONEOAKPARKWAYO'NEILLDSTATE T RUNK H W Y . NO.14 9 STATEHWYNO.55GEMINIRDBLUE GENTIAN RDCLUBVIEWDRBLUEGENTIANRDAPOLLOROADLexingtonParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: WalserRequest: Rezoning & Preliminary Planned DevelopmentCase Nos.: 02-RZ-08-09-17 & 09-PD-02-09-17Subject Site HWY149DoddRoadHWY 55CO.RD.26LoneOakRoadHWY149DoddRoadHWY 55 HWY 55HWY 55 HWY 55HWY 55 HWY 55CO.RD.26LoneOakRoadCommers DriveCommers Drive400 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 2016Project: RJ Ryan Construction Request: Rezoning & Prelim. PD Case No.: 02-RZ-08-09-17 & 02-PD-02-09-17 PHILLIPS Architects & Contractors, Ltd. 227 Colfax Avenue N, Suite 225, Minneapolis, MN 55305 Ph (612) 377-3333 Fax (612) 377-7337 Page 1 of 3 July 21, 2017 Proposed Walser Recon Facility (Former Truck Crane Service Facility) 2875 Highway 55 Eagan, MN 55112 I have prepared a narrative describing the current Walser Recon Operations and expectations for the Eagan site. There is also a side by side graph comparison. Current Facility Walser Recon is currently occupying the former Lakeland Ford Truck facility at the NW corner of I-494 and Concord Street in South St. Paul, MN. The operations have out grown the facility. The South St. Paul facility has approximately 600 vehicles parking on about 7.31 useable acres. The building has about 22,000 square feet with 18 service bays which are all drive in back out. There are two hand wash bays and one photo booth. There is no paint booth or body shop. Proposed Eagan Facility The proposed facility at the Truck Crane Service location is on a fully developed 17 acres site. This site should accommodate parking for 1,000 to 1,100 vehicles. The building has approximately a 70,000 square feet (SF) shop are with 12,000 SF of support areas and offices. The enlarged shop will allow for about 35 to 40 bays with internal circulation. There will be 4-5 hand wash bays and 2 photo booths. The internal space will accommodate the new requirements for Electric Vehicle (EV) charging stations and a 8,000 SF body shop with two paint booth for light bumper and dent repair as well as wheel reconditioning and painting. There is no crash repair or retail body repair. Current Employees The South St. Paul facility has about 135-140 employees. Walser operates (2) eight hour shifts on a Monday through Friday schedule. There are Saturday overtime hours offered 6-10 times per year as needed. 1 There is approximately 3 additional acres in unusable bluff slopes. PHILLIPS Architects & Contractors, Ltd. 227 Colfax Avenue N, Suite 225, Minneapolis, MN 55305 Ph (612) 377-3333 Fax (612) 377-7337 Page 2 of 3 There are about 45 car porters. These porters delivery the reconditioned used vehicles to the Walser dealerships. They bring the cars ready for reconditioning from the dealerships. These jobs are approximately 30 hour per week jobs that start at $9.50 per hour. The current staff includes about full time 70 detailers and technicians that make between $18.50 to over $40.00 per hour. There are on average 6-8 trainees that are full time and start at $9.50 per hour. There are normally 10 service writers that make $20.00 to $30 per hour. There are also 3 photographers, and 5 management staff that make mid-level and higher wages. All of the employees have access to health care, vacation and retirement plan benefits Expanded Employment in Eagan Walser expects to add about 30-40 new full time jobs over the first year. These will primarily be technician and detail jobs. The wheel reconditioning will be internal at the Eagan facility instead of being outsourced. There will also be new jobs for body and paint work and additional photographers. As the operations expand with the larger facility the total number of employees at the Eagan site is expected exceed 200 in about two years. Current Operations Normal hours are 6:00 AM to 11:00 PM on Monday through Friday. There are occasional Saturdays Walser Recon currently reconditions 900 to 1,050 used vehicles for sale at Walser dealerships each month. Most of these vehicles are trade in’s from the dealerships. They are driven to the recon center by the porters who also delivery the completed vehicles back to the dealerships. A few vehicles are received from Walser’s dealerships in Wichita, KS each month> these vehicles are generally received and returned via transports. In addition to the trade in vehicles, Walser has buyers who purchase vehicles at various auctions around the country. The number averages up to 400 per month. Two to three transports deliver the purchased vehicles to the recon center each day with 2 to 6 vehicles destined for Walser on each transport. Walser conducts a wholesale auction of the vehicles that do not meet Walser’s standards for resale at the dealerships. Approximately 80 to 100 vehicles are sold at each of these auctions which are held most Mondays. This is an important function is the process. There are no retail sales at the recon facility. PHILLIPS Architects & Contractors, Ltd. 227 Colfax Avenue N, Suite 225, Minneapolis, MN 55305 Ph (612) 377-3333 Fax (612) 377-7337 Page 3 of 3 Growth Expectations for the Eagan Site With the expanded site and larger facility, Walser expects the number of reconditioned vehicles to rise to about 2,000 per month over the next three years. It is expected that this growth will keep pace with Walser’s expanding dealership base. The operations described above would expand proportionately. A Brief Description of the Reconditioning Process Every vehicle arriving at the reconditioning facility starts with a visual inspection. Lights, turn signals and tires are inspected. Those vehicles that are immediately deemed unsuitable are parked for auction. If the vehicle passes the initial visual inspection a test drive is conducted to check components including engines, transmissions, brakes and heating and air conditioning systems. If the vehicle is determined to be suitable for resale after reconditioning a work ticket will be prepared. Otherwise the vehicle is parked to be auctioned. Vehicles in the reconditioning process start with mechanical repairs. Brakes are renewed on more that 50% of the vehicles. Tires are also replaced on about 50% of the vehicles. All vehicles receive an engine oil changes with other fluids such as antifreeze, brake fluid, transmission fluid, etc. checked and renewed as needed. Check engine lights are diagnosed and repaired. Windows, lights, controls, radio, and other systems are inspected and repaired. Often there is an additional test drive to verify the repairs. After the mechanical reconditioning the vehicles receive a comprehensive exterior and interior detail. Cracked bumper covers are removed repaired and painted off site and then reinstalled. Badly scuffed wheels are buffed and repainted by a subcontractor. Vehicles with minor dents are sent to a body shop for repair and repainting. With the new facility all of these operations will be internal significantly reducing the trips needed to complete the reconditioning process. Exterior, engine compartment, and interiors are thoroughly cleaned. Minor interior repairs to surfaces and upholstery are completed. Some vehicles receive an intense buffing an paint sealant when needed. Paintless dent removal of the minor dings is the second to last step. From there all of the completed vehicles are photographed for the internet listings. They are then scheduled for return to the dealerships by the porters. Please call with questions. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER November 6, 2017 The Council acting as the Board of Commissioners of the Economic Development Authority (“EDA”) may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Second Amendment to Sale and Purchase Agreement for the Sale of Outlot B, Paragon Addition D. PUBLIC HEARING E. OLD BUSINESS F. NEW BUSINESS G. OTHER BUSINESS H. ADJOURN Agenda Information Memo November 6, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the Economic Development Authority. If the Economic Development Authority 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. 1. Approve Minutes Action To Be Considered: To approve the minutes of the August 15, 2017 regular Economic Development Authority meeting as presented or modified. Attachments: (1) EDAC1-1 August 15, 2017 Minutes MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 15, 2017 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 18, 2017 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg, City Attorney Dougherty, and Director of Community Development Hutmacher. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of July 18, 2017. 2. It was recommended to approve first amendment to sale and purchase agreement for the sale of Outlot B, Paragon Addition. PUBLIC HEARING There was no Public Hearing. OLD BUSINESS There was no Old Business. NEW BUSINESS There was no New Business. OTHER BUSINESS There was no Other Business. ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Agenda Information Memo November 6, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA 2. Approve Second Amendment to Sale and Purchase Agreement for the Sale of Outlot B, Paragon Addition Action To Be Considered: Approve Second Amendment to Sale and Purchase Agreement for the Sale of Outlot B, Paragon Addition Facts: Commercial Investment Properties, Co. (CIP) has proposed a four-story, 150-unit market rate apartment building with approximately 8,000 square feet of attached restaurant space, 199 underground parking stalls on two levels, and 110 surface parking stalls. At its meeting on February 7, 2017, the Economic Development Authority held a public hearing and approved the Sale and Purchase Agreement with CIP. At its meeting on August 15, 2017, the Economic Development Authority approved the First Amendment to the Sale and Purchase Agreement to extend the due diligence deadline until November 7, 2017 to allow the purchaser additional time to secure a restaurant operator. The purchaser has worked with a restaurant broker to market the site. Interested parties have been identified, and the purchaser is requesting additional time to complete a restaurant market study and determine whether a deal is possible. The Finance Committee has reviewed the extension request and recommends that it be approved with the following conditions: o The due diligence deadline be extended until February 15, 2018. o The purchaser will submit an application for entitlement approvals no later than December 20, 2017. o The purchase price will be adjusted by $11,000 per unit for every unit above 150 units that is approved through the entitlement process. Attachments: (2) EDAC2-1 Location Map EDAC2-2 Second Amendment to Sale and Purchase Agreement OLD SIBLEY MEMORIAL HIGHWAYO L I VI NEDRGO LD TRAIL MICA TRAILDIFFLEY SERVICE RD N RAHN ROADG L E N F I E L D C T SILVER B ELL RD SILVER BELL ROADKENNEBECDRIVESE N ECAROADKENNEBECDRIVESILVER BELL ROAD OLDSIBLEYHIGHWAYN IC O L S R O A D EAGANOUTLETSPKW YCEDARGROVEPKWYCEDARGROVEPKWYRAHNROADBLUESTONE LANE BLUESTONE DRDIAMOND PTJADE PTSIBL E Y CTCARNELIAN LANE JADELANE FLINT DRF L I NTLANE SAPPHIRE LNGARNET PTGARNETDRIVE DI AMONDDRI VEEMERALDLANE OPALDRIVE GARNETLANE TOPAZ DRIVEOPAL PL. ZIRCON LANE JADE LANE CARNELIAN LANEBERYL ROADALDER LANELAUREL CTCALCITE DRG O L D T R A IL TURQUOISE TRAIL AMETHYST LANENICOLS ROADTESSERACT PLDOLOMITEDRCINNABAR DRHEATHERDR B E R Y L R O AD CINNABAR CT PUMICE POINTPUMICE CTT U R Q U O IS E T R A I L PUMICE L NMICA TRAIL TACONITE TRAIL LI MONI TELANEPUMICE LANEJADE LANE LIMONITE LNCARNELIAN LANE NORTHRUB Y CT BE A VER DAMRO A DDURHAM CT S O U T H R U B Y C TBURGUNDY DRGOLD TRAIL C.S.A.H. NO. 30 (DIFFLEY ROAD)C.S.A.H. NO. 30WUTHERING HEIGHTS RDN I C O L S R O A D STATE T.H . N O . 13ST AT E T .H. NO. 7 7 (CEDAR AVE)STATETRUNKHIGHWAYNO.13F E N W A Y RIV V LY W A Y CEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVDCedarPondPark WoodhavenPark FortSnelling StatePark BridgeviewPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Parag on Addn, Outlot BRequest: Amend ment to Sale and Purchase AgreementCase No.: Subject Site SECOND AMENDMENT TO SALE AND PURCHASE AGREEMENT This Second Amendment to Sale and Purchase Agreement (the “Amendment”) is made as of the _____ day of November 2017 (the “Effective Date”) between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the “Seller”), and Commercial Investment Properties, Co., a Nebraska corporation (“Buyer”). (Buyer and Seller are hereinafter referred to as the “Parties”). WHEREAS, Buyer and Seller entered into a Sale and Purchase Agreement dated March 7, 2017, which was amended on August 15, 2017 (collectively the “Agreement”); and WHEREAS, Buyer and Seller are desirous of amending the Sale and Purchase Agreement to extend the Due Diligence Period. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Parties agree to amend the Agreement as follows: 1. AMENDMENT OF PARAGRAPH 2. Paragraph 2 is hereby amended to read as follows: The purchase price (“Purchase Price”) to be paid by Buyer to Seller is One Million Seven Hundred Twenty-Five Thousand and No/100 Dollars ($1,725,000.00). The Purchase Price was calculated based on a 150-unit apartment complex and a restaurant. To the extent that Buyer’s proposed development exceeds 150 apartment units, the purchase price shall be increased by Eleven Thousand and no/100 Dollars ($11,000.00) for each apartment in excess of the 150 units contemplated by the Agreement. 2. AMENDMENT OF PARAGRAPH 4. The second to last paragraph of paragraph 4 is hereby amended to read as follows: Buyer shall have a due diligence period until February 15, 2018 (“Due Diligence Period”). If any condition set forth in this Section 4 has not been satisfied or waived by Buyer on or before the expiration of the Due Diligence Period (the “Due Diligence Deadline”), then Buyer may, at Buyer’s option, terminate this Agreement. Upon receipt of such notice from Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the covenants set forth in the last paragraph of this Section 4 regarding liens arising out of Buyer’s activities on the Real Property (the “Surviving Covenant”). If Buyer has not terminated this Agreement on or before the last business day on or before the Due Diligence Deadline if the Due Diligence Deadline occurs on a non-business day, then Buyer shall be deemed to have waived the contingencies set forth herein. 2 Buyer shall use commercially reasonable efforts to submit an application for a preliminary planned development by December 20, 2017 for consideration by the City of Eagan’s Planning Commission at its January meeting. Buyer shall also use commercially reasonable efforts to undertake a feasibility analysis for a restaurant at the Real Property. Copies of all Feasibility Studies shall be provided to the Seller. 3. Except as modified above, all other terms of the Sale and Purchase Agreement remain in full force and effect. [Signature pages to follow.]