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11/21/2017 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 21, 2017 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE a Joint Powers Agreement between Dakota County and the Cities of Eagan, Apple Valley, Burnsville, and Lakeville (DBA Dakota Valley Recycling) for 2018 Waste Abatement Community Funding F. ACCEPT Comcast Late Fee Change G. APPROVE Contract and Agreement between the cities of Eagan and Burnsville with AVI for Design/Consulting Services and for Shared HD Mobile Production Truck H. APPROVE Temporary On-Sale Liquor License and Waive the license fee for Faithful Shepherd Catholic School on February 10, 2018 at 3355 Columbia Drive I. APPROVE Final Change Order #5 for Project 16-05 Fire Station One J. APPROVE Resolution of Support – MNDOT Noise Wall I-35E K. APPROVE Final Payment, South Area Joint Powers Agreement Roadway Striping L. APPROVE Final Payment Contract 17-05, 2017 Water Quality & Storm Sewer Improvements M. APPROVE Final Payment Contract 17-22, Fitz Lake Alum Treatment N. APPROVE Dakota County Aquatic Invasive Species Grant Agreement O. APPROVE Final Subdivision- Quarry Road 2nd Addition P. APPROVE Final Plat – JPMN Addition Q. APPROVE a Subrecipient Agreement between the Dakota County Community Development Agency and the City of Eagan R. APPOINT BerganKDV as independent auditor of the City’s financial statements for the year ending December 31, 2017 S. APPROVE On-Sale Liquor License and Sunday Liquor License for Qdoba Restaurant Corporation doing business as Qdoba Mexican Eats Store #2729, 1298 Promenade Place T. APPROVE Premise Permit for South Robert Street Business Association to conduct lawful gambling at New Bohemia, 1278 Town Centre Drive U. APPROVE Premise Permit for South Robert Street Business Association to conduct lawful gambling at Union 32 Craft House, 2864 Highway 55 V. PUBLIC HEARINGS A. AMENDMENT to 2016-2020 Facilities Capital Improvement Plan and intent to issue Capital Improvement Bonds VI. OLD BUSINESS VII. NEW BUSINESS A. REZONING and PRELIMINARY SUBDIVISION - Parkside Place – The Lincoln Group - A Rezoning of approximately 12 acres from A, Agriculture to R-1, Residential Single Family and a Preliminary Subdivision of approximately 12 acres to create 22 single family lots B. REZONING, PRELIMINARY SUBDIVISION and VARIANCE – Lakeside of Eagan – Norton Homes - a Rezoning from A, Agriculture to R-1S, small lot single family, a Preliminary Subdivision of approximately 5 acres to allow 4 small lot single family homes and a Variance to the 65' minimum lot width standards in the R-1S Zoning District C. APPEAL of Issuance of Zoning Permit in connection with a solar array structure at 3330 Dodd Road 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 a License Agreement for Parking with Twin Cities Outlets Eagan, LLC 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 17, 2017 Subject: Agenda Information for November 21, 2017 City Council Meeting ADOPT AGENDA After approval is given to the November 21, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 21, 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 November 6, 2017 regular City Council meeting as presented or modified. Attachments: (1) CA-1 November 6, 2017 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 6, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Monday, November 6, 2017 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, City Planner Ridley, Public Works Director Matthys, Parks & Recreation Director Pimental, Director of Community Development Hutmacher, City Clerk Scipioni, Deputy Chief Police New, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION Fire Chief Scott recognized Community Center Manager Marshall Grange and Community Center staff for life saving efforts in May of 2017. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the October 10, 2017 Special City Council minutes and October 17, 2017 regular City Council meeting, as presented. B. Personnel Items: 1. It was recommended to 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. 2. It was recommended to authorize the hiring of a Full Time Temporary Streets Maintenance Worker. 3. It was recommended to accept the resignation of Timothy Bush, Fire Lieutenant Captain. 4. It was recommended to authorize the promotion of Jeffrey Brooker, Streets Maintenance Worker, to Streets Maintenance Supervisor and authorize the recruitment and replace of this position. 5. It was recommended to authorize the termination of the seasonal employees as Park Laborer, Tennis Instructor, Custodian ECC, Streets Maintenance, ECC Guest Services Rep, Tennis Assistant, and Park Maintenance. City Council Meeting Minutes November 6, 2017 2 page 6. It was recommended to hire the following seasonal positions as Basketball Scorekeeper, Building Attendant I, Recreation Leader, Preschool Teachers Assistant, Youth Art Leader, Park Maintenance, and Program Assistant. C. It was recommended to ratify the check registers dated October 20 and October 27, 2017. D. It was recommended to approve the ordinary and customary contracts with LexisNexis Claims Solutions Inc., Amy Rhone, Andrea Sisel, Eagan Art Festival Board, Barbara Waltz, Caitlin Dowling, Carol Tana, Deb Oldenburg, Dorea Arguelles, Heidi VanSchooten, Jerri Neddermeyer, Juliet Parisi, Karen Ask, Lynn O’Gorman, Marie Biallas, Mary Lewis, Nancy Wester, Pat McKinley, Richard Pletcher, Siri Doan, Stacy Mellenbruch, Vicki Wright, Berkley Rick, Select Account, LifeWorks, BlueCross BlueShield, and Aroha Philanthropies. E. It was recommended to approve a resolution to accept a donation from Target Corporation, Keith Maiz, two anonymous Target employees and Piada Italian Street Food. F. It was recommended to approve an Off-Sale Liquor License for T & M Liquor, Inc. doing business as T & M Liquor, 4130 Blackhawk Road, Suite 100. G. It was recommended 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. H. It was recommended to approve senior citizen deferment of special assessment for street improvements for 4689 Penkwe Way. I. It was recommended to approve a Joint Powers Agreement for the administration and distribution of the High-Intensity Drug Trafficking Areas Program grant. J. It was recommended to approve 2017 budget amendment totaling $52,000 resulting from the compensation plan changes. K. It was recommended to 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. L. It was recommended to authorize the purchase of a fire ladder truck from Fire Safety USA. M. It was recommended to receive the Draft Feasibility Report for Project 1258 (Galaxie Avenue, Berkshire Drive to Apple Valley border – Street Improvements) and schedule a public hearing to be held on December 5, 2017. N. It was recommended to 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. O. It was recommended to 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. P. It was recommended to 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. Q. It was recommended to acknowledge the completion of Project 13-B (Paragon Addition – Grading, Street and Utilities Improvements) and authorize perpetual City maintenance subject to warranty provisions. R. It was recommended to acknowledge the completion of Project 13-M (Senior Pointe Senior Living – Utilities Improvements) and authorize perpetual City maintenance subject to warranty provisions. S. It was recommended to 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. City Council Meeting Minutes November 6, 2017 3 page T. It was recommended to 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. U. It was recommended to approve Change Order No. 1 for Contract 17-09 (Vikings Parkway – Streetscaping) and authorize the Mayor and City Clerk to execute all related documents. V. It was recommended to 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. W. It was recommended to approve a Conditional Use Permit to allow a child care facility upon property located at 1981 Silver Bell Road, legally described as Lot 1, Block 1, Silver Bell Center Addition, 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. 5. All signage shall meet City Code standards. X. It was recommended 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. Y. It was recommended 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. Z. It was recommended 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. AA. It was recommended to 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. PUBLIC HEARINGS Lot 1, Block 1, Eagan Place 4th Addition Easement Vacation City Administrator Osberg introduced the item noting 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, sidewalk, trailway and snow storage easements near the south property line of the medical-office building at 1215 Town Center Drive in central Eagan. Osberg noted the action to be considered is to close the public hearing and continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 1, Eagan Place 4th Addition. Public Works Director Matthys gave a staff report and provided a site map. City Council Meeting Minutes November 6, 2017 4 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and continue consideration of the vacation of public drainage and utility easements on Lot 1, Block 1, Eagan Place 4th Addition. Aye: 5 Nay: 0 Lot 1, Block 1, Schindeldecker 4th Addition / Outlot D Galaxie Cliff Plaza Easement Vacation City Administrator Osberg introduced the item noting as part of the City’s process as it relates to the possible sale of Fire Station 5 near Galaxie Road, the Council is being asked to consider the vacation of public drainage and utility easements. Osberg noted the vacation request has been reviewed by the Public Works Department and found to be in order for favorable Council action with the approval of the final plat at a future date. Public Works Director Matthys gave a staff report and provided a site map. Mayor Maguire opened the public hearing. Forrest Godfrey, 1929 Berkshire Drive, addressed the Council and asked if the end resolution involves moving the cables onto the easement that extends across the properties. Staff responded to his question. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to 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. Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendment – An Ordinance Amendment to City Code Chapter 10 Regarding Prescriptive Grazing City Administrator Osberg introduced the item noting at the June 20, 2017 Listening Session, the Council received a request from a resident who was interested in utilizing prescribed grazing to manage invasive species on his property. At the July 5, 2017 Council meeting, the Council directed preparation of an ordinance amendment to allow prescribed grazing on non-agricultural lots. City Clerk Scipioni walked through the proposed ordinance amendment. Mayor Maguire opened the public comment. Scott Schnuckle, 821 Bear Paw Trail, addressed the Council noting he requested utilizing prescribed grazing to manage invasive species on his property. Mr. Schnuckle noted his support for the proposed ordinance amendment and asked the Council to consider changing the number of goats per 0.10 acre; from 1 per 0.10 acre to 2 per 0.10 acre. Jake Langeslag, Goat Dispatch owner, provided a summary of his business and was available for questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. City Council Meeting Minutes November 6, 2017 5 page The Council discussed the proposed ordinance amendment. It was the consensus of the Council to add a provision stating a permit shall not be issued if “The owner of the goats has violated any provisions hereunder or the owner’s goats have escaped from permitted premises on more than two occasions.” Further, the Council amended the ordinance to allow 2 goats per 0.10 acre. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 10 regarding prescriptive grazing as modified, and direct publication of a summary ordinance amendment. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution to establish prescriptive grazing licensing fees. Aye: 5 Nay: 0 Ordinance Amendment – Ordinance Amendments to City Code Chapters 6, 7, 10 and 11 Relative to Special Events and Temporary and Outdoor Events City Administrator Osberg introduced the item noting at the 2017 Council retreat, the Council directed staff to research potential changes to the City Code to allow more flexibility for outdoor and special events. At the June 13, 2017 Council meeting, Council directed staff to initiate an Ordinance Amendment. Osberg noted the City Attorney has prepared a draft ordinance amendment for the Council to consider. Director of Community Development Hutmacher walked through the proposed changes to the ordinance amendment. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion 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. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a resolution to establish fees for outdoor food sale permits and cultural event permits. Aye: 5 Nay: 0 Receive and Act Upon Report from Hearing Officer regarding Xcel Energy’s Appeal of Denial of Right-of-Way Permit City Attorney Dougherty introduced the item noting 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 recommendations to the City Council. The hearing was held on October 31, 2017. The hearing officer submitted a report and recommendation to the City on November 3, 2017. On November 6, 2017, the City received a response from Xcel Energy to the report and informed the City Attorney’s office that it intends to submit preliminary plans that include the proposed gas line on Ames Crossing Road making a looping connection with other Xcel lines. Dougherty noted Council is City Council Meeting Minutes November 6, 2017 6 page being asked that the item be continued to 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. Lisa Agimonti, Attorney for Xcel Energy, addressed the Council noting she would like to advise the Council that the customer has informed Xcel Energy that if they do not have a permit by November 21,2017, that customer will be lost. Councilmember Bakken moved, Councilmember Hansen seconded a motion to continue the 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. Aye: 5 Nay: 0 NEW BUSINESS Comprehensive Guide Plan Amendment – Justman Freight City Administrator Osberg introduced the item noting before the Council is consideration of a Comprehensive Guide Plan Amendment to change the land use upon approximately 7.5 acres located southwest of Red Pine Lane and Highway 3. The applicant is requesting a change in the land use designation from Low Density to Limited Industrial upon 4 parcels. City Planner Ridley gave a staff report and provided a site map. Logan Tjossem, Widseth, Smith, Nolting (WSN), representing Mike Neisus, Justman Frieight, gave a presentation on the request and was available for questions. Mayor Maguire opened the public comment. Darrel Swanson, AB Systems, spoke in favor of the Comprehensive Guide Plan Amendment. Mike Neisus, owner, provided a brief summary of the request. Eugene Im, 4850 Dodd Road, noted concerns regarding a rezoning and possible future uses. There being no other public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the Comprehensive Guide Plan Amendment. Councilmember Bakken noted the property line to the south is nonconforming. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment 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 Highway 3, and direct staff to have a discussion with the south property owners regarding boundary lines. Aye: 5 Nay: 0 Rezoning / Comprehensive Guide Plan Amendment – City of Eagan City Administrator Osberg introduced the item noting the action before the Council is to consider directing 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. Both sites are zoned Public Facility and guided Quasi-Public/Institutional and contain fire stations that are no longer in use. City Council Meeting Minutes November 6, 2017 7 page City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment. Forrest Godfrey, 1929 Berkshire Drive, noted he was unsure of what is being proposed at the site and asked the Council to provide another time for comments once the zoning is determined. Edward Finley, 3520 Widgeon Way, raised concerns about the Request For Proposal process. Staff responded to Mr. Finley. Councilmember Hansen moved, Councilmember Tilley seconded a motion 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. Aye: 5 Nay: 0 Planned Development Amendment - Walser City Administrator Osberg introduced the item noting the Council is being asked to consider a rezoning from Limited Industrial to Planned Development for approximately 17.5 acres located at 2875 Highway 55, and a preliminary planned development to allow the outdoor storage and wholesale auctions of motor vehicles, motor vehicle detailing, repair, and maintenance. City Planner Ridley gave a staff report and provided site maps. Peter Coyle, applicant representative, noted his objection to Condition #12 regarding the dedication of right-of-way. Other representatives from Walser were present and available for questions. The Council discussed the Planned Development Amendment. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a rezoning from l- 1, Limited Industrial to PD, Planned Development for approximately 17.5 acres located at 2875 Highway 55. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development 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 Highway 55, subject to the following conditions, as amended: Aye: 5 Nay: 0 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. 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. City Council Meeting Minutes November 6, 2017 8 page 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. 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. 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. 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 City Council Meeting Minutes November 6, 2017 9 page There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:46 p.m. Aye: 5 Nay: 0 _______ Date ______ Mayor _______ City Clerk Agenda Information Memo November 21, 2017 Eagan City Council Meeting CONSENT AGENDA B.Personnel Items ITEM 1. Action To Be Considered: Authorize the reclassification of Custodian at the Eagan Community Center to the following: PT Custodians are now Custodial I FT Custodians are now Custodial II ITEM 2. Action To Be Considered: Accept the resignation of Greg Nitti, Firefighter. ITEM 3. Action To Be Considered: Authorize the termination of the following seasonal employees: Landscape Crew Laborer Mohrbacher, Coleman Park Maintenance Kalb, Connor Landscape Crew Laborer Thielen, James Park Operations Assistant Schuetz, Nicholas Park Maintenance Rausch, Robert W Park Laborer Stine, Jacob A Seasonal GIS West, Benjamin M Park Laborer Peterson, Hugh N ITEM 4. Action To Be Considered: Authorize the hiring of the following seasonal employees: Emma Roberts, Recreation Leader ITEM 5. Action To Be Considered: Authorize the hiring of Streets Maintenance Worker, Mitchell Dahlen. ITEM 6. Action To Be Considered: Approve Revised Vehicle and Equipment Acquisition, Use, & Replacement Policy Facts: The Senior Management Team has reviewed the City’s vehicle policy and is recommending the City change to purchasing white vehicles to maximize flexibility in the fleet and ensure the highest resale value for vehicles. Safety chevrons will be added to trucks and vehicles as appropriate. The revised policy also includes reference to new “white noise” reverse warning alarms. Larger vehicles, such as snow plows, and specialized Streets equipment will continue to be yellow, while large fire apparatus will continue to be red. The revised policy also adjusts thresholds when certain specialty equipment will be considered for replacement. Attachments: CB-1 Revised Vehicle and Equipment Acquisition, Use, & Replacement Policy 1 POLICY VEHICLE AND EQUIPMENT ACQUISITION, USE, & REPLACEMENT POLICY I. PURPOSE AND NEED FOR POLICY This policy will provide uniform criteria for all City departments and operations in the acquisition, use, and replacement of vehicles and equipment. Any deviation from the policy requires approval by the City Administrator through the annual budget and CIP review process. The City of Eagan is dedicated to managing its resources in a fiscally responsible manner. Therefore, a specific need should be demonstrated before a new vehicle or new equipment is added to the City's fleet, and every existing vehicle and all equipment should be utilized to its greatest economic extent prior to replacement. The personal use of City vehicles will be delineated to ensure proper accounting and maximum efficiencies of public purpose. The acquisition of additional vehicles and equipment to the City's overall fleet and their replacement should be only as necessary to allow the City to provide the services and perform the duties and responsibilities that are expected by the public within budgetary constraints. II. VEHICLE AND EQUIPMENT ACQUISITION POLICY The many aspects of public service provided by the City of Eagan require the use of different types of vehicles and equipment. These include: Type A (Administrative): Vehicles used primarily to transport employees to/from locations of work activity; Type B (Limited Job Assistance): Vehicles that are used to provide both basic transportation and basic assistance to employees in performing their duties. Type C (Job Assistance): More specialized vehicles necessary to assist City employees in performing their duties. Type D (Job Performance): Vehicles and equipment used to actually perform a physical function. The type of vehicle or equipment acquired shall be that which is determined to be most appropriate and cost effective for that vehicle's function or for that equipment's purpose and will be determined through the annual budget and CIP review process. A. Administrative Vehicles: Administrative vehicles shall be mid-size vehicles. Vehicles necessary to maximize personnel transportation shall be of the minivan/mid-size SUV class for 5-7 seatbelts or extended cargo van category for 8-10 seatbelts. A vehicle shall be acquired by the City of Eagan and assigned for staff transportation only if one or more of the following occur: 1.) The City has deemed it appropriate to identify the driver and/or passengers as City employees on the way to/from remote work locations or while performing their official duties. 2 2.) a.) A specific job description results in an employee accumulating a minimum of 10,000 reimbursable miles per year on their personal vehicle traveling to/from alternate work locations; or b.) An operational division has a cumulative staff mileage reimbursement of 12,000 miles per year or more. 3.) The City Administrator has determined that a vehicle should be provided as part of a position's responsibility and meets the requirements of state law. B. Limited Job Assistance Vehicles: In certain circumstances, City provided and equipped vehicles are necessary to allow employees to perform their job functions (i.e. protective inspections & building maintenance). In those circumstances, the City shall provide the vehicle with the necessary hauling capacity and equip it with the tools, equipment and devices necessary to allow City employees to perform their duties in the most efficient and safe manner possible. These vehicles may be assigned to specific employees or made available through a pool concept as determined to be most efficient. C. Job Assistance Vehicles: In certain circumstances, City provided and equipped vehicles used to carry and store greater quantities and more specialized equipment are necessary to allow employees to perform their job functions (i.e., squad car, Engineering survey van/inspection vehicle, utility repair truck, etc.). In those circumstances, the City shall provide the specific required type of vehicle and equip it with the tools, equipment and devices necessary to allow a City employee to perform their duties in the most efficient and safe manner possible. These vehicles may be assigned to specific employees or made available through a pool concept as determined to be most efficient. D. Job Performance Vehicles and Equipment: 1.) If a certain specialty type of vehicle or piece of equipment (i.e., fire truck, road grader, dump truck, etc.) is deemed necessary by the department to perform a specific work task, it shall be justified by the Department Director and approved by the City Administrator through the annual budget and CIP review process subject to budgetary constraints. The method of acquisition (purchase, lease, or rental) shall be determined by the Department Director, with final approval by the City Administrator or his/her designee. 2.) Specialty pieces of equipment shall be shared interdepartmentally to the greatest extent possible subject to seasonal/usage availability to avoid redundant acquisitions. Upon approval of the CIP by the City Council, acquisition of vehicles and equipment is the responsibility of individual Department Directors in cooperation with the City Clerk. Purchases are subject to State bidding requirements and the City's purchasing policy. Use of joint/cooperative purchasing agreements is encouraged. The City cannot take delivery of vehicles or equipment, nor make payment, until the year 3 in which the vehicle or equipment is budgeted. Any deviation in purchasing protocol is to be approved by the City Administrator. III. VEHICLE IDENTIFICATION A. Color/City Logo: All City vehicles shall be licensed and marked as appropriate for their specific use as follows: 1.) All marked, administrative transportation vehicles (Type A) and medium-duty Limited Job Assistance Vehicles (Type B) shall be white, and have the City's name, logo, division name and vehicle number prominently displayed on the side door (See page 8, Vehicle and Equipment Categories Target Replacement Standards, for a listing of medium-duty vehicles). Safety chevrons shall be added to the back of City trucks and vehicles as appropriate. 2.) All heavy-duty Public Works and Parks Maintenance vehicles (Type C or D) be yellow with the City’s name, logo, and vehicle number prominently displayed on the side door panel or other highly visible location (See page 8, Vehicle and Equipment Categories Target Replacement Standards, for a listing of heavy-duty vehicles). Safety chevrons shall be added to the back of City trucks and vehicles as appropriate. 3.) Marked police squad/patrol cars shall display the City’s name, logo, vehicle number, and lettering identifying it as a police/law enforcement/emergency vehicle. The color of unmarked squad cars and Police administrative vehicles will be at the discretion of the Police Chief as necessary to minimize their detection as law enforcement vehicles. 5.) Marked Fire Department vehicles shall display the City's name, logo, vehicle number, and lettering identifying it as a fire response emergency vehicle. 6.) All vehicles required to have back up/reverse warning alarms shall install instantly locatable, white sound, multi frequency broadband alarms. All vehicles should be marked in accordance with the City’s logo policy and usage guide. With the exception of Police and Fire vehicles, and large, specialty vehicles, the City’s preference is to use white vehicles to ensure the best resale value. IV. VEHICLE AND EQUIPMENT REPLACEMENT POLICY A. Minimum Replacement Standards: City owned vehicles should not be programmed or budgeted for replacement until they have met the age, miles or hours as delineated in the targeted minimum replacement standards for the particular vehicle or equipment category (see attached). City resources are allocated on a priority basis and vehicles and equipment will not be replaced just because they have met the targeted replacement standards. Any deviations for early replacement must be justified in 4 writing by the Department Director and approved by the City Administrator through the annual budget and CIP review process. Department Directors and supervisors are encouraged to actively pursue opportunities to rotate similar type vehicles and equipment to ensure that annual mileage/hours is equalized and to avoid older vehicles or equipment from having few miles/hours. Directors and supervisors are also encouraged to cooperate and make fleet vehicles and equipment available for other departments and functions when possible for the efficient accomplishment of City business. B. Replacement Evaluation Process: Any vehicle which is being proposed for replacement shall have a Vehicle Condition Index (VCI) (see attached) completed by the Chief Mechanic/Shop Supervisor for consideration during the annual budget and CIP review process. In addition to the age, miles, hours, and the condition index rating, operational issues will be given consideration in the annual budget and CIP review process. C. Disposition of Used Vehicles: Before a vehicle is removed from the City's fleet, the Chief Mechanic shall review all current vehicles of similar type and determine if it would be economically beneficial to switch with another existing vehicle before disposal. Disposal of all vehicles will be coordinated by the Chief Mechanic and City Clerk to determine the most economical method and time. Upon acknowledgment in the annual budget and CIP review process, and after approval by the City Administrator, vehicles may be retained for continued use by the City for a period not to exceed 9 months from the date the replacement vehicle is placed into service. V. PERSONAL USE OF CITY VEHICLES City vehicles are not available for take home use by City employees except for the following situations: A. Assigned, Marked Take-Home Vehicles: City employees, whose position responsibilities require them to respond directly to a work related situation from their residence outside of normal work hours, will be allowed to use a City vehicle to commute to/from their place of residence under the following situations: 1.) The need must be justified by the Department Director and approved by the City Administrator. 2.) The employee must live in the City of Eagan. 3.) The driver of the vehicle acknowledges that per State Statute, the City could be responsible to pay the City’s insurance deductible for any injuries occurring to a passenger of the vehicle, including a spouse or household member when used for personal use. Therefore, the vehicle is not available for other than de minimus personal 5 use while being used to perform job duties and/or commuting to/from the employee’s place of residence. When the vehicle is operated for de minimus personal use, it may not be used to transport passengers other than the employee’s spouse or household member(s). 4.) An employee of the Fire Department assigned a marked, take home vehicle must live in the City of Eagan or within the approved response area for Paid on Call Firefighters. 5.) Police officers assigned K9 vehicles or traffic enforcement motorcycles are permitted to live outside of the City of Eagan at the discretion of the Police Chief, with final approval by the City Administrator. 6.) The employee does not receive a car allowance. 7.) Job performance specialty type vehicles (Type D, e.g. fire truck, road grader, dump truck, etc.) shall not be made available for personal employee use or commuting. 8.) For scheduled leaves of absence by the designated employee exceeding one workday, the City vehicle shall be made available for pool use and remain at the employee's normal place of work. B. Occasional Take-Home Vehicles: A city employee may occasionally use a City vehicle to travel to/from the employee's residence under the following conditions: 1.) An employee is scheduled to intermittently perform work related activities outside of the employee's normal work hours. 2.) If the City employee has scheduled City business away from their normal work station and the number of miles traveled, or time needed to conduct the business, will be minimized if the employee uses a City vehicle to commute to/from the employee's residence before/after traveling to the place of business. 3.) The vehicle is not available for other than de minimus personal use beyond commuting to/from place of residence. Occasional take-home vehicles shall only be used to transport passengers as part of their official job duties. C. Unmarked Public Safety Take-Home Vehicles Public Safety personnel may use unmarked, take-home vehicles under the following conditions: 1.) Vehicles must be licensed with private passenger plates and contain no external markings identifying it as a City vehicle. 6 2.) Assignment of a take-home vehicle to specific public safety personnel shall be at the discretion of the Police Chief or Fire Chief, with final approval by the City Administrator. 3.) Vehicles are to be used as secondary vehicles for transporting a spouse or household member(s). Personal vehicles shall be the primary vehicle to transport a spouse or household member(s). 4.) Only City employees are authorized to drive City vehicles. 5.) The driver of the vehicle acknowledges that per State Statute, the City could be responsible to pay the City’s insurance deductible for any injuries occurring to a passenger of the vehicle, including a spouse or household member when used for personal use. Therefore, the vehicle is not available for other than de minimus personal use while being used to perform job duties and/or commuting to/from the employee’s place of residence. When the vehicle is operated for de minimus personal use, it may not be used to transport passengers other than the employee’s spouse or household member(s). 6.) De minimus personal use is only permitted within the 7-County metropolitan area. Exceptions can be approved by the City Administrator or his or her designee. VI. CITY USE OF PERSONAL VEHICLES A. Mileage Reimbursement: 1.) All employees of the City will be paid mileage for use of their personal vehicles and the mileage rate will be in accordance with the IRS standard mileage rate. However, employees are encouraged to use available City vehicles whenever possible while conducting official City business. 2.) Normal personal commuting mileage from home to work or work to home is non- reimbursable. If an employee uses a personal vehicle to travel to a work responsibility on the way to or from work, normal personal commuting mileage shall be deducted from the total trip mileage used to calculate the reimbursement. 3.) Prior to utilizing a personal vehicle and claiming mileage, the employee should first use a City vehicle assigned to their department. If one is not available, the employee should check with other departments regarding the availability of a similar, appropriate City vehicle. B. Monthly Allowance: Department Directors, with the exception of the Police and Fire Chiefs, by virtue of their job responsibilities, are provided the options of an assigned take-home vehicle or a monthly 7 allowance at their discretion upon approval by the City Administrator. The monthly allowance will be as set by the City Council. A monthly car allowance incurs the following conditions: 1.) The monthly allowance covers all business miles driven and all parking costs incurred within the seven-county metropolitan area. Any travel outside this region in a personal vehicle will be reimbursed according to the IRS standard mileage rate. 2.) City vehicles may be used: a. In emergencies when the personal vehicle is not available; b. For work related off-road driving when the personal vehicle would be subjected to conditions above normal wear and tear on a vehicle; c. In severe adverse weather conditions; or d. Where the department director must travel by vehicle outside the seven-county metropolitan area. C. Other Costs: Employees are responsible for all costs related to private vehicle ownership and operation. The City is responsible for all costs related to installation and maintenance of City equipment in the vehicle which is necessary in order that the employee may perform the position's functions. The City is also responsible for all costs related to the removal of such equipment and to the restoration of the vehicle caused by such removal. VII. RESPONSIBILITY The City Administrator is responsible for the enforcement of this policy. Department and Division Directors may not deviate from the policy unless they have written approval from the City Administrator. Original Policy Adoption Date: 02-03-2004 Policy Revised and readopted by Council: (11-17-2015) Policy Revised and readopted by Council: (11-21-17) Mayor: ______________________________________ Mike Maguire 8 VEHICLE AND EQUIPMENT CATEGORIES TARGET REPLACEMENT STANDARDS AGE MILES OR HOURS Administrative Sedan 10 100,000 Vans 10 100,000 Limited Job Assistance, Job Assistance, And Job Performance Light-Duty: Survey 10 100,000 Inspection 10 100,000 Field Supervisor 10 100,000 Utility Van 10 100,000 Medium-Duty: Utility Truck 10 100,000 4 X4 Pickup 10 100,000 Dump Truck (Pick-up style) 10 100,000 Skidsteer 10 4,000 Hours Fire Rescue or Grass Rig 15 Does not apply Heavy Duty: Single Axle Dump Truck 12 80,000 Tandem Axle Dump Truck 12 80,000 Front End Loader 12 6,000 Hours Road Grader 14 6,000 Hours Backhoe 14 6,000 Hours Tractor 12 6,000 Hours Sweeper 8 5,000 Hours Jetter 12 80,000 Tanker/Flusher 12 8,000 Hours SewerVac 12 Does not apply Fire Engines/Ladder Trucks 15 100,000 Police Patrol 10 100,000 9 Vehicle Condition Index Factor Points Age One point for each year of chronological age, based on in-service date. Miles/Hours One point for each 10,000 miles of use. Type of Service 1, 3, 5 points are assigned based on the type of service that vehicle receives. For instance, a police patrol car Reliability Points are assigned as 1, 2, 3, 4, or 5 depending on the frequency or repair/downtime. A 5 would be assigned to a vehicle that has 4.0 to 5.0% downtime or more, 4 for 3.0 to 4.0% downtime, 3 for 2.0 to 3.0% downtime, 2 for 1.0 to 2.0% downtime and one point would be assigned for vehicles with less than 1% downtime. M & R Costs 1 to 5 points are assigned based on total life M&R costs (not including repair of accident damage). A 5 is assigned to a vehicle with life M&R costs equal to or greater than the vehicle’s original purchase price, while a 1 is given to a vehicle with life M&R costs equal to 20% of less of its original purchase cost. Condition This category takes into consideration body condition, rust, interior condition, accident history, anticipated repairs, etc. A scale of 1 to 5 points is used with 5 being poor condition. Cost Per Mile Points are assigned as 1, 2, 3, 4, or 5 depending on the cost per mile relative to class. A 5 would be assigned to a vehicle with costs per mile in excess of 20% for the class. 4 -15%> than class, 3 -10%> than class, 2 -05%> than class, 1 –equal to class. Point Ranges Under 21 points Condition I Excellent 21 to 25 points Condition II Good 25 to 30 points Condition III Qualifies for replacement 31 points and above Condition IV Needs immediate consideration Risk Factor (independent) (not calculated in VCI) A high “risk factor” is a determination that the vehicle is projected to operate at a cost higher than> the vehicle class. A medium “risk factor” is a determination that the vehicle is projected to operate at a cost equal to the vehicle class. A low “risk factor” is a determination that the vehicle is projected to operate at a cost lower than< the vehicle class. Agenda Information Memo November 21, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated November 3 and November 10, 2017 as presented. Attachments: (2) CC-1 Check register dated November 3, 2017 CC-2 Check register dated November 10, 2017 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 2Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194597 11/3/2017 150476 ALLSTREAM Continued... 41.81 HISTORIC HOLZ FARM 268646 14966731 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 41.81 RAHN PARK 268646 14966731 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 41.81 QUARRY PARK 268646 14966731 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 41.82 FIRE PANEL-ECC 268646 14966731 0301.6352 Telephone Circuits IT-Gen & Admn 41.82 ELEVATOR-ECC 268646 14966731 0301.6352 Telephone Circuits IT-Gen & Admn 41.87 1275 TOWERVIEW RD/MOONSHINE 268646 14966731 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 44.38 NORTHVIEW PARK 268646 14966731 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 44.66 POLICE ELEVATOR 268646 14966731 0301.6352 Telephone Circuits IT-Gen & Admn 44.66 VESTIBULE PHONE-DOORKING3 268646 14966731 1108.6347 Telephone Service & Line Charg Communications 44.66 COOL LINE-POLICE 268646 14966731 1105.6457 Machinery & Equipment-Rental Investigation/Crime Prevention 44.66 CITY HALL ELEVATOR 268646 14966731 0301.6352 Telephone Circuits IT-Gen & Admn 51.35 MAIN LINE 268646 14966731 1221.6347 Telephone Service & Line Charg Administration-Fire 83.44 MAIN LINE 268646 14966731 2460.6347 Telephone Service & Line Charg Building And Grounds 179.72 MAIN LINE 268646 14966731 0501.6347 Telephone Service & Line Charg General & Admn-Finance 211.82 MAIN LINE 268646 14966731 1108.6347 Telephone Service & Line Charg Communications 50.99 OUTLET MALL PARKING GARAGE-ELE 268646 14966731 9116.6352 Telephone Circuits Cedar Grove Parking Garage 50.99 OUTLET MALL PARKING GARAGE-ELE 268646 14966731 9116.6352 Telephone Circuits Cedar Grove Parking Garage 51.00 OUTLET MALL PARKING GARAGE COD 268646 14966731 9116.6352 Telephone Circuits Cedar Grove Parking Garage 51.00 OUTLET MALL PARKING GARAGE-ELE 268646 14966731 9116.6352 Telephone Circuits Cedar Grove Parking Garage 51.00 OUTLET MALL PARKING GARAGE FIR 268646 14966731 9116.6352 Telephone Circuits Cedar Grove Parking Garage 51.00 OUTLET MALL PARKING GARAGE FIR 268646 14966731 9116.6352 Telephone Circuits Cedar Grove Parking Garage 1.34 HEARING IMPAIRED LINE 268646 14966731 6101.6347 Telephone Service & Line Charg Water -Administration 19.26 MAIN LINE 268646 14966731 6101.6347 Telephone Service & Line Charg Water -Administration 41.80 BACKUP SCADA UHL DIALER-STP 268646 14966731 6154.6347 Telephone Service & Line Charg South Plant Building 41.81 COUNTRY HOLLOW LIFT STATION 268646 14966731 6239.6347 Telephone Service & Line Charg Lift Station Maintenanc/Repair 41.81 DENMARK LIFT STATION 268646 14966731 6239.6347 Telephone Service & Line Charg Lift Station Maintenanc/Repair 41.81 N. TRMNT FIRE & SECURITY LINE 268646 14966731 6146.6347 Telephone Service & Line Charg North Plant Building 41.81 BACKUP SCADA & UHL DIALER-NTP 268646 14966731 6146.6347 Telephone Service & Line Charg North Plant Building 41.81 PRIMARY SCADA DIALER-NTP 268646 14966731 6146.6347 Telephone Service & Line Charg North Plant Building 41.81 FAILSAFE MESSENGER DIALER-NTP 268646 14966731 6146.6347 Telephone Service & Line Charg North Plant Building 41.81 NTP ELEVATOR 268646 14966731 6146.6347 Telephone Service & Line Charg North Plant Building 41.81 PRIMARY SCADA DIALER-STP 268646 14966731 6154.6347 Telephone Service & Line Charg South Plant Building 41.81 PRIMARY UHL DIALER-STP 268646 14966731 6154.6347 Telephone Service & Line Charg South Plant Building 1.79 HEARING IMPAIRED LINE 268646 14966731 6601.6347 Telephone Service & Line Charg General/Administrative-Arena 25.67 MAIN LINE 268646 14966731 6601.6347 Telephone Service & Line Charg General/Administrative-Arena 1.79 HEARING IMPAIRED LINE 268646 14966731 6716.6347 Telephone Service & Line Charg General Administration 25.67 MAIN LINE 268646 14966731 6716.6347 Telephone Service & Line Charg General Administration 3.13 HEARING IMPAIRED LINE 268646 14966731 6801.6347 Telephone Service & Line Charg General & Administrative 44.93 MAIN LINE 268646 14966731 6801.6347 Telephone Service & Line Charg General & Administrative 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 3Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194597 11/3/2017 150476 ALLSTREAM Continued... 2,499.27 194598 11/3/2017 120354 AL'S COFFEE COMPANY 498.90 CONCESSION RESALE-COFFEE 268859 157886 6609.6855 Merchandise for Resale Concession Sales/Vending 498.90 194599 11/3/2017 148129 AMAZON 29.04 SUPPLIES 268730 009969890893 6146.6223 Building/Cleaning Supplies North Plant Building 51.94 BADGE HOLDERS/POST ITS 268729 012234195332 0720.6210 Office Supplies General Admin-Planning & Zonin 98.58 BANKERS BOXES/LAMINATING POUCH 268725 082638234041 6146.6410 Natural Gas Service North Plant Building 11.62 EXTENSION CORD 268731 164361883686 2401.6210 Office Supplies Gen/Adm-Central Services 44.39-REFUND 268737 174756108912 0301.6660 Office Furnishings & Equipment IT-Gen & Admn 43.65 DRY ERASE FOR LANDSCAPING 268727 177711730847 2401.6210 Office Supplies Gen/Adm-Central Services 39.99 BIO KEY SIDE TOUCH COMPACT 268726 241394043467 0301.6660 Office Furnishings & Equipment IT-Gen & Admn 44.99 USB EXTERNAL DVDRW DRIVE 268728 243927275231 3001.6660 Office Furnishings & Equipment General/Admn-Recreation 189.42 BATTERIES/IPHONE CASES/AUTOWAS 268732 255755594853 6146.6210 Office Supplies North Plant Building 47.52 CANOPY WEIGHT BAGS 268734 BETBRQXUVSBH 3079.6220 Operating Supplies - General Special Events 65.28 FLAG-A-TAG SONIC CONVERSION 268736 BILUZHQYHNLO 3035.6227 Recreation Equipment/Supplies Tennis 51.82 IPHONE CASES/BELT CLIP HOLSTER 268733 BQVOTMQYOGWS 1104.6220 Operating Supplies - General Patrolling/Traffic 46.33 PLANTRONICS 38350 268735 JLSXRLFCHEW 0301.6660 Office Furnishings & Equipment IT-Gen & Admn 675.79 194600 11/3/2017 100009 ASPEN EQUIP CO 4,512.00 PLOW- VEH 149 268874 10181413 3522.6680 Mobile Equipment Equip Rev Fd-Dept 22 4,512.00 194601 11/3/2017 146829 AT&T MOBILITY 41.24 9/18/17-10/17/17 268647 287262588400X10 252017 2010.6355 Cellular Telephone Service General Engineering 41.24 9/18/17-10/17/17 268647 287262588400X10 252017 9701.6355 Cellular Telephone Service PEG-eligible 82.48 194602 11/3/2017 100487 BARR ENGINEERING CO 1,164.50 P1243 WATER QUALITY STORM SEWE 268653 23191139.17-9 6541.6712 P1243 Project - Engineering Capital Proj-Renew&Repl-cr1126 3,839.62 P1268 MUNICIPAL CENTER CAMPUS 268652 23191139.18-1 6542.6712 P1268 Project - Engineering Capital Proj-WQ dedictn-cr1127 2,176.00 P1268 CITY HALL CAMPUS 268651 23191361.00-3 6542.6712 P1268 Project - Engineering Capital Proj-WQ dedictn-cr1127 7,180.12 194603 11/3/2017 100397 BATTERIES PLUS 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 4Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194603 11/3/2017 100397 BATTERIES PLUS Continued... 39.95 COUNTER BATTERIES 268654 026-318851 6827.6233 Building Repair Supplies Building Maintenance 51.90 BATTERIES 268853 026-320946 1104.6226 Public Safety Supplies Patrolling/Traffic 99.95 AC CELLPHONE REPAIR 268649 RA739131-01 1110.6220 Operating Supplies - General Animal Control 109.95 DET. CELL PHONE REPAIR 268650 RA739642-01 1105.6232 Small Equipment Repair Parts Investigation/Crime Prevention 89.95 SGT. CELL PHONE REPAIR 268648 RA739648-01 1104.6238 Communication System Parts Patrolling/Traffic 391.70 194604 11/3/2017 116698 BATTERY STATION, THE 241.22 SCBA BATTERIES 268667 71264 1227.6230 Repair/Maintenance Supplies-Ge SCBA 241.22 194605 11/3/2017 100016 BAUER BUILT 948.32 REPLACEMENT TIRES FOR SKID LOA 268668 180220720 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 571.56 UNIT 213 RO 716 268663 180220871 9001.1415 Inventory - Parts General Fund 331.80 BOUGHT FOR 10002 RETURNED 268664 180220877 9001.1415 Inventory - Parts General Fund 289.28 UNIT 128 RO 128 268666 180220995 9001.1415 Inventory - Parts General Fund 532.08 UNIT 10002 RO 715 268665 180221167 9001.1415 Inventory - Parts General Fund 2,673.04 194606 11/3/2017 131767 BOLTON & MENK INC. 3,792.00 PROF SVCS- TOPO SURVEY 268655 0209581 8283.6713 Project - Outside Engineering P1283 Deerwood Dr Slope stabil 3,792.00 194607 11/3/2017 144122 BRAND FARMS 256.00 APPLES HALLOWEEN HODGEPODGE 268657 102917 3063.6227 Recreation Equipment/Supplies Seasonal Special Events 256.00 194608 11/3/2017 114552 BRIN NORTHWESTERN GLASS COMPANY 9,957.00 REPLACEMENT OFFICE WINDOWS 268875 1460 9355.6718 Project - Other Charges MAINTENANCE FACILITY EXPANSION 9,957.00 194609 11/3/2017 147708 BROOKLYN CENTER, CITY OF 204.00 BC CONFERENCE 268676 14304 0301.6476 Conferences/Meetings/Training IT-Gen & Admn 204.00 194610 11/3/2017 143367 BUENNING, SAUNDRA 85.05 CLERICAL UNIFORM-SHOES 268658 101017 1107.6224 Clothing/Personal Equipment Support Services 85.05 194611 11/3/2017 128578 CDW GOVERNMENT INC. 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 5Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194611 11/3/2017 128578 CDW GOVERNMENT INC.Continued... 35.61 KEYBOARD-NOVACZYK 268669 KMM2289 0801.6210 Office Supplies General & Admn-Protective Insp 35.61 194612 11/3/2017 101652 CEMSTONE PRODUCT CO. 150.40 GOAT #1 CIP FOUL POLES 268670 359405 2822.6761 Athletic Furnishings Goat Hill Park 150.40 194613 11/3/2017 144199 CLEARY LAKE VETERINARY HOSPITAL 255.38 MARLEY PHYSICAL 268656 261212 9695.6226 Public Safety Supplies Dakota Co Drug Task Force 255.38 194614 11/3/2017 150900 COLOR ME MINE EAGAN 240.00 WELLNESS 10/18/17 268661 101817 9592.2862 Deferred Revenue Benefit Accrual 240.00 194615 11/3/2017 142286 COMCAST 8.44 PD CABLE 11/1-11/30/17 268659 877210508005718 1-102017 1104.6569 Maintenance Contracts Patrolling/Traffic 8.44 194616 11/3/2017 142286 COMCAST 18.99 COMCAST DIGITAL ADAPTERS NOV17 268660 877210508005717 3-102017 0301.6569 Maintenance Contracts IT-Gen & Admn 18.99 194617 11/3/2017 142286 COMCAST 283.51 COMCAST 10/29/17-11/28/17 268662 877210508043374 7-101917 6801.6347 Telephone Service & Line Charg General & Administrative 283.51 194618 11/3/2017 150901 COMLINK MIDWEST 55,719.00 ART HOUSE FIBER CIP 268818 17-0637 9328.6630 Other Improvements Park Sys Dev and R&R 55,719.00 194619 11/3/2017 100040 CONT SAFETY EQUIP 163.95 FIRE EXTINGUISHER/AED SIGNS 268671 446446 3314.6233 Building Repair Supplies Central Maintenance 163.95 194620 11/3/2017 150896 CORE & MAIN LP 1,736.71 MAINBREAK MATERIALS 268791 0389982 6160.6260 Utility System Parts/Supplies Main Maintenance/Repair 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 6Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194620 11/3/2017 150896 CORE & MAIN LP Continued... 1,736.71 194621 11/3/2017 145374 CURDCO INC. 176.00 CONCESSION RESALE-CHEESE CURDS 268860 17-232 6609.6855 Merchandise for Resale Concession Sales/Vending 176.00 194622 11/3/2017 128852 DAK CTY REGIONAL CHAMBER OF COMMERCE 25.00 LEG BREAKFAST - GARY HANSEN 268673 67533 0101.6477 Local Meeting Expenses Legislative/Policy Development 25.00 194623 11/3/2017 100048 DAK CTY TECHNICAL COLLEGE 450.00 TRAINING-NEW/PIKE 268675 170660 1101.6476 Conferences/Meetings/Training General/Admn-Police 225.00 DETECTIVE TRAINING-EVANS 268674 183231 1105.6476 Conferences/Meetings/Training Investigation/Crime Prevention 300.00 PATROL TRAINING 268854 185015 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 975.00 194624 11/3/2017 110921 DAKOTA AWARDS & ENGRAVING 133.91 REPAIR OF SIGN 268672 17745 6602.6230 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 133.91 194625 11/3/2017 100050 DAKOTA ELECTRIC 49.54 CARNELIAN LANE HOCKEY RINK 268677 128582-4-OCT17 3106.6405 Electricity Structure Care & Maintenance 14.00 RIDGE CLIFF PARK 268678 170637-3-OCT17 3106.6405 Electricity Structure Care & Maintenance 17.50 PILOT KNOB PARK 268679 177545-1-OCT17 3106.6405 Electricity Structure Care & Maintenance 20.18 BERRY RIDGE STORM 268680 189767-7-OCT17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 37.32 PILOT KNOB WELL SITE RINK 268681 200813-4-OCT17 3106.6405 Electricity Structure Care & Maintenance 64.68 HIGHLINE TRAIL STORM 268682 201116-1-OCT17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 3,911.07 WELL #19 268683 203725-7-OCT17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 14.00 HEINE CT AERATOR 268684 203785-1-OCT17 6520.6405 Electricity Basin Mgmt-Aeration 34.99 31/WESCOTT SIGNALS 268685 214661-1-OCT17 6301.6407 Electricity-Signal Lights Street Lighting 118.96 1275 TOWERVIEW RD 268686 321533-2-OCT17 3106.6405 Electricity Structure Care & Maintenance 39.88 CEDAR GROVE SIGNALS 268687 333642-7-OCT17 6301.6407 Electricity-Signal Lights Street Lighting 240.21 CEDARVALE BLVD LIGHTS 268688 346992-1-OCT17 6301.6406 Electricity-Street Lights Street Lighting 14.00 DENMARK AVE #SLSIGN 268689 405764-2-OCT17 6301.6407 Electricity-Signal Lights Street Lighting 19.13 CHLOE LANE LIFT STATION 268690 472429-0-OCT17 6239.6405 Electricity Lift Station Maintenanc/Repair 1,412.12 FIRE STATION 1 268691 572299-6-OCT17 3313.6405 Electricity Fire Buildings 6,007.58 194626 11/3/2017 150911 DESIGN 1 43.39 OVRPMNT INV 5730 268692 209484 9220.2250 Escrow Deposits Public Utilities 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 7Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194626 11/3/2017 150911 DESIGN 1 Continued... 43.39 194627 11/3/2017 108122 DESIGNWRITE STUDIO'S, INC. 629.00 MAY/JUNE EXP. EAGAN DESIGN 268693 6119 0902.6310 Professional Services-General Experience Eagan Newsletter 619.00 JULY/AUG EXP. EAGAN DESIGN 268694 6120 0902.6310 Professional Services-General Experience Eagan Newsletter 645.00 SEPT/OCT EXP. EAGAN DESIGN 268695 6121 0902.6310 Professional Services-General Experience Eagan Newsletter 739.00 NOV/DEC EXP. EAGAN DESIGN 268696 6122 0902.6310 Professional Services-General Experience Eagan Newsletter 793.00 WEBSITE MAINT 3RD QTR 268705 6123 0907.6535 Other Contractual Services Web Page 3,425.00 194628 11/3/2017 100969 DRIVER & VEHICLE SERVICES 20.75 TO DVS FOR TITLE ON FORFEITURE 268706 102017 9115.4420 Police Fine & Forfeiture Monie DWI Forfeiture 20.75 194629 11/3/2017 100060 ECM PUBLISHERS INC 299.40 INDOOR MARKET FEST AD 268697 542500 3061.6357 Advertising/Publication Market Fest 299.40 194630 11/3/2017 114540 ESS BROTHERS & SONS, INC. 18,660.00 I/I MANHOLE SEALING 268698 XX6114 6250.6441 I/I Mitigation-Other Manhole Insp/Mtn/Repair 18,660.00 194631 11/3/2017 100451 FASTENAL COMPANY 14.50 EQUIP SUPPLIES 268699 MNTC1206965 2244.6230 Repair/Maintenance Supplies-Ge Street Equipment Repair/Mtn 14.50 194632 11/3/2017 122976 FIRE SAFETY USA INC. 615.00 FIREFIGHTER GLOVES 268700 104494 1225.6224 Clothing/Personal Equipment Fire / EMS Equipment 1,110.00 CAPTAIN HELMETS 268701 104585 1225.6224 Clothing/Personal Equipment Fire / EMS Equipment 1,725.00 194633 11/3/2017 143971 FLEETPRIDE 86.59 RO 727 UNIT 121 268704 88275693 9001.1415 Inventory - Parts General Fund 349.49 RO 728 UNIT 124 268703 88313163 9001.1415 Inventory - Parts General Fund 97.80 RO 748 UNIT 148 268702 88352260 9001.1415 Inventory - Parts General Fund 183.04 RO 748 UNIT 148 268708 88374801 9001.1415 Inventory - Parts General Fund 25.29 RO 738 UNIT 1219 268707 88385680 9001.1415 Inventory - Parts General Fund 742.21 194634 11/3/2017 100071 G & K SERVICES 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 8Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194634 11/3/2017 100071 G & K SERVICES Continued... 18.00 ECC RUGS 268709 6182733871 6827.6569 Maintenance Contracts Building Maintenance 22.99 FD RUGS 268710 6182733872 3313.6569 Maintenance Contracts Fire Buildings 35.50 RUGS- STP 268715 6182733874 6154.6535 Other Contractual Services South Plant Building 58.70 MAINTENANCE RUGS 268713 6182744937 3314.6569 Maintenance Contracts Central Maintenance 48.02 RUGS- NTP 268714 6182744938 6146.6535 Other Contractual Services North Plant Building 32.49 MAINTENANCE RUGS 268712 6182744940 3314.6569 Maintenance Contracts Central Maintenance 39.22 PD RUGS 268711 6182744941 3316.6569 Maintenance Contracts Police 254.92 194635 11/3/2017 144566 GERLACH OUTDOOR POWER EQUIPMENT INC. 181.44 EQUIP PARTS 268716 142715 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 181.44 194636 11/3/2017 100465 GERTEN GREENHOUSES 33.23 GRASS HERBICIDE FOR CMF 268717 1117 /12 3206.6244 Chemicals & Chemical Products Chemical Appl-Plant Health Mgt 33.23 194637 11/3/2017 147866 GIBBS, JOE 24.18 MILEAGE REIMB - LOGIS MEETING 268718 101017 0501.6353 Personal Auto/Parking General & Admn-Finance 24.18 194638 11/3/2017 100352 GRAYBAR ELECTRIC CO INC 247,166.96 CONT 17-08 PMT 1 268719 9300669174 8225.6710 Project - Contract P1225 Northwest Park Way Exten 247,166.96 194639 11/3/2017 100085 HARDWARE HANK 1.00 SUPPLIES 268754 1695580 6501.6220 Operating Supplies - General G/A - Water Quality 157.30 CHAINSAW REPAIR 268758 1700530 6232.6426 Small Equipment Repair-Labor Equipment Maintenance/Repair 193.93 SNOW THROWER FOR STP PM 268755 1720334 6154.6426 Small Equipment Repair-Labor South Plant Building 16.31 MISC REPAIR SUPPLIES 268759 1720489 1225.6230 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 19.46 OIL DRAIN FOR PUMP WELL 1 268757 1720525 6148.6260 Utility System Parts/Supplies North Well Field 11.88 MISC REPAIR SUPPLIES 268760 1720527 1225.6230 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 18.46 OIL DRAIN FOR PUMP WELL 3 268756 1720563 6148.6260 Utility System Parts/Supplies North Well Field 51.35 HAND MOWER PARTS 268761 1722906 3222.6231 Mobile Equipment Repair Parts Equipment Mtn 27.98 REPAIR SUPPLIES 268863 1723443 6603.6230 Repair/Maintenance Supplies-Ge Building Repair & Maint. 6.69 PAINT 268879 1723702 3118.6220 Operating Supplies - General Athletic Field Mtn/Setup 4.95 GAS CAP FOR BRUSHCUTTER 268762 1723847 3222.6231 Mobile Equipment Repair Parts Equipment Mtn 509.31 194640 11/3/2017 138631 HEALTHEAST MEDICAL TRANSPORTATION 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 9Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194640 11/3/2017 138631 HEALTHEAST MEDICAL TRANSPORTATION Continued... 85.00 BLOOD DRAW 268753 17-41594 9115.6310 Professional Services-General DWI Forfeiture 85.00 194641 11/3/2017 100627 HOME DEPOT CREDIT SERVICES 22.85 SUPPLIES 268742 20244 6603.6230 Repair/Maintenance Supplies-Ge Building Repair & Maint. 7.84 SUPPLIES 268742 20244 6720.6230 Repair/Maintenance Supplies-Ge Pool Attendant 57.55 SUPPLIES 268743 3164336 3304.6233 Building Repair Supplies Bldg/Facilities Maintenance 33.85 SUPPLIES 268739 4090686 6603.6241 Shop Materials Building Repair & Maint. 24.41 SUPPLIES 268738 5095676 6720.6230 Repair/Maintenance Supplies-Ge Pool Attendant 69.98 SUPPLIES 268740 8773387 6602.6230 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 23.34 SUPPLIES 268741 8801423 6603.6230 Repair/Maintenance Supplies-Ge Building Repair & Maint. 239.82 194642 11/3/2017 101708 HONSA LIGHTING SALES & SVC. INC. 21.90 MISC REPAIR SUPPLIES 268720 81613 1225.6234 Field/Other Equipment Repair Fire / EMS Equipment 21.90 194643 11/3/2017 149298 HOVE, ERIK 99.99 UNIFORMS-BIB OVERALLS 268880 102417 3170.2115 Clothing Allowance General AdmIn-Parks 99.99 194644 11/3/2017 102238 IDENTISYS 244.65 PRINT CARTRIDGES 268721 361817 0301.6210 Office Supplies IT-Gen & Admn 244.65 194645 11/3/2017 149612 INTEGRATED LOSS CONTROL INC. 686.00 SAFETY CONSULTANT-NOV17 268746 11961 1001.6475 Miscellaneous General/Admn-Human Resources 686.00 194646 11/3/2017 149254 JT SERVICES 6,600.00 STREETLIGHT MATS 268722 JT17-297-01 6301.6432 Utility System Repair-Labor Street Lighting 6,600.00 194647 11/3/2017 127571 KOEHLE, JESSICA 22.00 WRES CONFERENCE PARKING 268747 101817 6511.6476 Conferences/Meetings/Training Training/Conferences/Schools 22.00 194648 11/3/2017 100662 LAW ENFORCEMENT LABOR 3,038.00 NOVEMBER 2017 UNION DUES 268865 OFFICERS/SRGS 10/28/17 9592.2026 Ded Pay - Pol Off Unio Benefit Accrual 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 10Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194648 11/3/2017 100662 LAW ENFORCEMENT LABOR Continued... 3,038.00 194649 11/3/2017 100691 LEAGUE OF MINN CITIES 45.00 REG MTG - GARY HANSEN 268748 264971 0101.6477 Local Meeting Expenses Legislative/Policy Development 45.00 194650 11/3/2017 100692 LEAGUE OF MINN CITIES 30.00 9/1/17-8/31/18-MAGUIRE 268749 090117-MAGUIRE 0201.6479 Dues and Subscriptions General & Admn-Admn 30.00 194651 11/3/2017 101055 LEFFLER PRINTING COMPANY INC. 3,128.00 PRINTING NOV/DEC EXP EAGAN 268723 20098 0902.6370 General Printing and Binding Experience Eagan Newsletter 3,128.00 194652 11/3/2017 147898 LITIN 256.10 CONCESSION RESALE-POPCORN BAGS 268861 485863A 6609.6855 Merchandise for Resale Concession Sales/Vending 256.10 194653 11/3/2017 110234 LLOYD'S FIBERCARE 648.00 CONTRACT LABOR-CARPET CLEANING 268877 315166 3106.6537 Janitorial Service Structure Care & Maintenance 648.00 194654 11/3/2017 100367 LYN-MAR TYPESETTING PRINTING 151.00 MEMBERSHIP AGREEMENT FORM 268750 37635 6801.6211 Office Printed Material/Forms General & Administrative 151.00 194655 11/3/2017 138012 MACHTEMES, AARON 12.95 PATROL TRAINING 268856 102717 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 12.95 194656 11/3/2017 100116 MACQUEEN EQUIP 736.00 VACTOR REPAIR 268724 W01620 6232.6425 Mobile Equipment Repair Labor Equipment Maintenance/Repair 736.00 194657 11/3/2017 150879 MARTIN, MEGAN 176.38 PARKING.MILEAGE 268751 101017 1001.6353 Personal Auto/Parking General/Admn-Human Resources 176.38 194658 11/3/2017 150876 MCMONIGAL, MICHELLE 100.00 REFUND 268752 537937 3001.2250 Escrow Deposits General/Admn-Recreation 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 11Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194658 11/3/2017 150876 MCMONIGAL, MICHELLE Continued... 100.00 194659 11/3/2017 100452 METRO VOLLEYBALL OFFICIALS ASN 88.50 MEN'S VOLLEYBALL OFFICIALS 268744 126 3041.6327 Sporting Event Officials Adult Volleyball-Men 88.50 WOMEN'S VOLLEYBALL OFFICIALS 268744 126 3042.6327 Sporting Event Officials Adult Volleyball-Women 206.50 CO-REC VOLLEYBALL OFFICIALS 268744 126 3043.6327 Sporting Event Officials Adult Volleyball-Co-Rec 383.50 194660 11/3/2017 102753 MINNCOR INDUSTRIES 40.00 J FELDMAN BUS CARD 268745 SOI-063925 0501.6210 Office Supplies General & Admn-Finance 40.00 G DWYER BUS CARD 268745 SOI-063925 0501.6210 Office Supplies General & Admn-Finance 40.00 T PEPPER BUS CARD 268745 SOI-063925 0501.6210 Office Supplies General & Admn-Finance 40.00 A OLEARY BUS CARD 268745 SOI-063925 0501.6210 Office Supplies General & Admn-Finance 40.00 J FOOTE BUS CARD 268745 SOI-063925 1001.6210 Office Supplies General/Admn-Human Resources 40.00 K LARSEN BUS CARD 268745 SOI-063925 1001.6210 Office Supplies General/Admn-Human Resources 45.00 L PETERSON BUS CARD 268745 SOI-063925 1001.6210 Office Supplies General/Admn-Human Resources 285.00 194661 11/3/2017 100664 MN CHILD SUPPORT 586.52 PAYROLL ENDING 10/28/17 268866 GARNISHMENT 10/28/17 9592.2030 Ded Pay - Garnishments Benefit Accrual 319.79 PAYROLL ENDING 10/28/17 268867 GARNISHMENT 10/28/17-1 9592.2030 Ded Pay - Garnishments Benefit Accrual 28.24 PAYROLL ENDING 10/28/17 268868 GARNISHMENT 10/28/17-2 9592.2030 Ded Pay - Garnishments Benefit Accrual 230.73 PAYROLL ENDING 10/28/17 268869 GARNISHMENT 10/28/17-3 9592.2030 Ded Pay - Garnishments Benefit Accrual 1,165.28 194662 11/3/2017 121807 MN CLAY COMPANY USA 174.00 SUPPLIES 268881 102337 3081.6227 Recreation Equipment/Supplies Arts & Humanities Council 174.00 194663 11/3/2017 120087 MN ENERGY RESOURCES CORP 24.33 RAHN PARK WARMING HOUSE 268784 0505212492-0000 1-OCT17 3106.6410 Natural Gas Service Structure Care & Maintenance 2,602.73 NORTH WATER TREATMENT PLANT 268779 0505460873-0000 1-OCT17 6146.6410 Natural Gas Service North Plant Building 18.00 WELL #3 268780 0505460873-0000 2 6146.6410 Natural Gas Service North Plant Building 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 12Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194663 11/3/2017 120087 MN ENERGY RESOURCES CORP Continued... 24.34 TRAPP FARM PARK 268782 0506168916-0000 1-OCT17 3106.6410 Natural Gas Service Structure Care & Maintenance 29.97 HOLZ FARM 268781 0506678453-0000 1-OCT17 3106.6410 Natural Gas Service Structure Care & Maintenance 25.02 EAGAN OUTLETS PARKWAY 268783 0507382197-0000 1-OCT17 9116.6410 Natural Gas Service Cedar Grove Parking Garage 2,724.39 194664 11/3/2017 103029 MN FIRE SERVICE CERTIFICATION BOARD 1,625.00 268797 5174 1223.6320 Instructors Training Fire & EMS 115.00 CERT TEST- VOYE 268785 5187 1223.6320 Instructors Training Fire & EMS 1,740.00 194665 11/3/2017 138397 MN NATIVE LANDSCAPES 2,600.00 BT REGROWTH TRMT 268876 16384 9001.2120 Reforestation Obligation General Fund 2,600.00 194666 11/3/2017 100670 MN PIPE EQUIPMENT 6,265.00 HYDRANT REPAIR 268789 0389238 6144.6260 Utility System Parts/Supplies Hydrant Maintenance/Repair 6,265.00 194667 11/3/2017 100663 MN TEAMSTERS 320 1,315.25 NOVEMBER 2017 UNION DUES 268870 CLERICAL 10/28/17 9592.2029 Ded Pay - Clerical Union Dues Benefit Accrual 2,706.65 NOVEMBER 2017 UNION DUES 268871 PUB WKS MAINT 10/28/17 9592.2027 Ded Pay - Pub Wks Union Dues Benefit Accrual 4,021.90 194668 11/3/2017 121532 MNFIAM BOOK SALES 3,571.00 FIRE BOOKS-NDTA 268790 2489 1222.6215 Reference Materials Northern Dakota Trng Academy 3,571.00 194669 11/3/2017 145327 MNSPECT LLC 2,500.00 268786 7161 0805.6310 Professional Services-General Construction Insp-Field 2,500.00 194670 11/3/2017 140735 MOSENG, JOSEPH 18.19 MILEAGE TO COURT, HASTINGS 268788 102017 1104.6353 Personal Auto/Parking Patrolling/Traffic 18.19 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 13Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194671 11/3/2017 143252 MOSS & BARNETT Continued... 845.00 GENERAL CABLE ADMIN CL 268778 676176 9702.6310 Professional Services-General Non-PEG (franchise fees) 8,660.50 COMCAST FRANCHISE NEGOTIATIONS 268778 676176 9703.6311 Legal Outside Projects 9,505.50 194672 11/3/2017 100146 MTI DISTR CO 202.78 PARKS MOWER PARTS 268776 1144513-00 9001.1415 Inventory - Parts General Fund 27.23 IRRIGATION REPAIR 268777 1145931-00 3117.6234 Field/Other Equipment Repair Irrigation System Mtn/Install 230.01 194673 11/3/2017 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 10/28/17 268872 102817 9592.2037 Ded Payable-Teamsters DRIVE Benefit Accrual 2.00 194674 11/3/2017 100659 NC PERS GROUP LIFE-MN 944.00 PAYROLL ENDING 10/14/17 268873 LIFE INS/PERA 10/14/17 9592.2021 Ded Payable - Insurance Benefit Accrual 944.00 194675 11/3/2017 144586 NU LOOK EXTERIORS INC. 59,480.00 TLAKE ROOF NU LOOK CIP 268787 13240 2828.6756 Building & Structures Thomas Lake Park 59,480.00 194676 11/3/2017 108599 OFFICE DEPOT, INC. 92.75 OFFICE SUPPLIES 268792 969772498001 6801.6210 Office Supplies General & Administrative 20.99 OFFICE SUPPLIES 268793 969772545001 6801.6210 Office Supplies General & Administrative 16.99 OFFICE SUPPLIES 268773 970606027002 2401.6210 Office Supplies Gen/Adm-Central Services 165.28 OFFICE SUPPLIES 268763 970808588001 1107.6210 Office Supplies Support Services 77.19 OFFICE SUPPLIES 268794 971146308001 6801.6210 Office Supplies General & Administrative 13.99 OFFICE SUPPLIES 268795 971146460001 6801.6210 Office Supplies General & Administrative 23.19 OFFICE SUPPLIES 268796 971146461001 6801.6210 Office Supplies General & Administrative 73.31 MISC OFFICE SUPPLIES 268769 971413777001 1221.6210 Office Supplies Administration-Fire 3.89 MISC OFFICE SUPPLIES 268770 971413815001 1221.6210 Office Supplies Administration-Fire 37.18 OFFICE SUPPLIES 268764 972030976001 0201.6210 Office Supplies General & Admn-Admn 37.19 OFFICE SUPPLIES 268764 972030976001 3001.6210 Office Supplies General/Admn-Recreation 41.29 OFFICE SUPPLIES 268764 972030976001 0501.6210 Office Supplies General & Admn-Finance 2.90 OFFICE SUPPLIES 268765 972031450001 0201.6210 Office Supplies General & Admn-Admn 2.90 OFFICE SUPPLIES 268765 972031450001 0501.6210 Office Supplies General & Admn-Finance 2.90 OFFICE SUPPLIES 268765 972031450001 3001.6210 Office Supplies General/Admn-Recreation 35.10 OFFICE SUPPLIES 268766 972031451001 0501.6210 Office Supplies General & Admn-Finance 29.79-CR INV 970572076001 268772 972202956001 2401.6210 Office Supplies Gen/Adm-Central Services 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 14Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194676 11/3/2017 108599 OFFICE DEPOT, INC.Continued... 26.42 OFFICE SUPPLIES 268771 972208257001 2401.6210 Office Supplies Gen/Adm-Central Services 27.50 OFFICE SUPPLIES 268774 972208257002 2401.6210 Office Supplies Gen/Adm-Central Services 5.99 M TIMM CALENDAR 268768 973008981001 0401.6210 Office Supplies General & Admn-City Clerk 6.04 K LARSEN CALENDAR 268768 973008981001 3301.6210 Office Supplies General Management 14.34 OFFICE SUPPLIES 268768 973008981001 2010.6220 Operating Supplies - General General Engineering 122.07 OFFICE SUPPLIES 268768 973008981001 0820.6210 Office Supplies General/Admn-Housing 9.89 OFFICE SUPPLIES 268767 973101652001 0501.6210 Office Supplies General & Admn-Finance 829.50 194677 11/3/2017 145845 O'LAUGHLIN, JOHN (R) 350.00 SEP 2017 CLEANING 268775 101 9695.6233 Building Repair Supplies Dakota Co Drug Task Force 350.00 194678 11/3/2017 150912 ON-TARGET SOLUTIONS GROUP INC. 600.00 PATROL TRAINING 268858 600 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 600.00 194679 11/3/2017 144492 OSBERG, DAVE 38.52 OCTOBER MILEAGE - OSBERG 268882 100417 0201.6353 Personal Auto/Parking General & Admn-Admn 38.52 194680 11/3/2017 150910 PEIFER, ELIZABETH 15.00 SHRM CONFERENCE PARKING FEE 268816 101017 1001.6353 Personal Auto/Parking General/Admn-Human Resources 174.41 SHRM CONFERENCE MILEAGE 268817 101017-1 1001.6353 Personal Auto/Parking General/Admn-Human Resources 189.41 194681 11/3/2017 115253 PELLICCI ACE HARDWARE 11.48 OUTLET PARTS 268823 16475/E 1224.6231 Mobile Equipment Repair Parts Engineer 11.48 194682 11/3/2017 100215 PEPPER, TOM 150.87 MILEAGE; MNGFOA CONFERENCE;268822 092917 0501.6353 Personal Auto/Parking General & Admn-Finance 150.87 194683 11/3/2017 133500 PETERSON COMPANIES INC. 531.96-TEMP HYDRANT 268824 102417 6101.4505 Water Sales Water -Administration 388.33-TEMP HYDRANT 268824 102417 6101.4505 Water Sales Water -Administration 260.00-TEMP HYDRANT 268824 102417 6101.4521 Construction Meter Permit Fees Water -Administration 195.00 TEMP HYDRANT 268824 102417 6101.4521 Construction Meter Permit Fees Water -Administration 3,479.80 TEMP HYDRANT 268824 102417 9220.2254 Construction Meter Deposits Public Utilities 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 15Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194683 11/3/2017 133500 PETERSON COMPANIES INC.Continued... 2,494.51 194684 11/3/2017 101846 PLEAA 40.00 CLERICAL TRAINING-HAMMER 268825 110817-HAMMER 1107.6476 Conferences/Meetings/Training Support Services 55.00 CLERICAL TRAINING-KNOLL 268826 110817-KNOLL 1107.6476 Conferences/Meetings/Training Support Services 55.00 TRAINING-M. SELL 268827 110817-SELL 1107.6476 Conferences/Meetings/Training Support Services 150.00 194685 11/3/2017 148155 PRO HEADSETS LLC 687.95 HEADSETS - JN & HC 268821 101773 3001.6660 Office Furnishings & Equipment General/Admn-Recreation 687.95 194686 11/3/2017 123573 PROFESSIONAL WIRELESS COMMUNICATIONS 210.00 PORTABLE RADIO RENTAL- NOV 268819 81871 2201.6457 Machinery & Equipment-Rental Gen/Adm-Streets 210.00 194687 11/3/2017 145622 RAMSTAD, PETE 600.00 OVRPMNT 4139 LEXINGTON WAY 268820 101917 9220.2250 Escrow Deposits Public Utilities 600.00 194688 11/3/2017 143557 RANDSTAD (R) 1,211.66 EVID TECH 10/15-10/21/17 268812 R21982157 9695.6561 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,211.66 194689 11/3/2017 100169 RATWIK ROSZAK ETAL 1,276.00 LEGAL SERVICES/FEES 268809 61222 0603.6311 Legal Outside Legal Counsel 1,276.00 194690 11/3/2017 138513 RELIABLE PROPERTY SERVICES 2,273.00 C PKWY MEDIAN LANDSCAPE 268810 98490 2852.6759 General Landscaping/Furnishing General Park Site Improvmts 2,273.00 194691 11/3/2017 102784 RYAN CONSTRUCTION, R.J. 7,500.00 REFUND FIN GUARANTEE 268813 102717 9001.2250.590 CityVue Landscape fin guar General Fund 7,500.00 194692 11/3/2017 146362 SAVATREE 305.00 BOB TRMT ON GFT 268808 4730685 3206.6535 Other Contractual Services Chemical Appl-Plant Health Mgt 675.00 ARBORKELP TRMT ON QUARRY SPRUC 268807 4730688 3206.6535 Other Contractual Services Chemical Appl-Plant Health Mgt 980.00 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 16Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194692 11/3/2017 146362 SAVATREE Continued... 194693 11/3/2017 146480 SCHNAIBLE, ADAM 214.18 WORK BOOTS/WORK VEST 268811 102517 3201.2115 Clothing Allowance Administrative/General 214.18 194694 11/3/2017 100187 SEH 427.24 ATT SAFARI 2C3C ENG. COSTS 268806 340521 6005.6310 AAT&T Professional Services-General Safari Antenna Location 427.24 194695 11/3/2017 140064 SENTRY SYSTEMS INC. 63.50 NOV 2017 ALARM MONITORING 268814 9692326 9695.6540 Alarm Monitoring Srv (DCDTF)Dakota Co Drug Task Force 63.50 194696 11/3/2017 100191 SHERWIN WILLIAMS 3,005.80 PAINT 268798 6712-6 3119.6220 Operating Supplies - General Rink Amenity Mtn/Setup 3,005.80 194697 11/3/2017 149647 SHETLER SI INC 97.88 SECURITY OFFICER 268799 1015941 6847.6535 Other Contractual Services Security 97.88 194698 11/3/2017 108338 SL-SERCO 2,138.07 SEPTEMBER METER READS 268800 11076198C 6162.6310 Professional Services-General Meter Reading 2,138.07 SEPTEMBER METER READS 268800 11076198C 6201.6310 Professional Services-General San Sewer-Administration 4,276.14 194699 11/3/2017 140886 SOUTH METRO TACTICAL TEAMS 275.00 SWAT TRAINING LODGING 268802 100517 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 275.00 194700 11/3/2017 143880 SOUTHVIEW DESIGN 3,119.20 REFUND FIN GUARANTEE 268803 103117 9001.2250.675 King Addition Lot 5 block 1 General Fund 3,119.20 194701 11/3/2017 100469 SRF CONSULTING GROUP INC 15,031.00 PROF SERVICES CONT 17-17 P1281 268804 10775.00-2 9001.2245 J0301 Escrow - Private Development F General Fund 15,031.00 194702 11/3/2017 143873 STATE OF MINNESOTA 225.00 PATROL TRAINING 268805 00000438539 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 17Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194702 11/3/2017 143873 STATE OF MINNESOTA Continued... 225.00 194703 11/3/2017 121089 STEININGER INC., MAX 140.00 CONC & BIT DISPOSAL 268801 10001565MB 2220.6255 Street Repair Supplies Bituminous Surface Maint 55.92 LD MAINT STRIP 268878 1281MB 3108.6630 Other Improvements Park Improvements 195.92 194704 11/3/2017 121824 STEVENSON, CHERYL 8.85 MILEAGE - COUNCIL MEALS 268830 101717 0201.6353 Personal Auto/Parking General & Admn-Admn 8.85 194705 11/3/2017 150899 STEWART, DONNA 250.00 WELLNESS-10/18/17 268831 1-102417 9592.2862 Deferred Revenue Benefit Accrual 250.00 194706 11/3/2017 102159 STOP STICK, LTD 1,352.00 ALARM ACCESSORIES 268828 0003578-IN 1105.6232 Small Equipment Repair Parts Investigation/Crime Prevention 1,352.00 194707 11/3/2017 150909 SWANSON, GARY 85.25 IRRIGATION REPAIR REIMBURSEMEN 268832 103117 8233.2840 Estimated Cost of Completion P1233 South hills 1st 85.25 194708 11/3/2017 107312 SWEENEY, SEAN 56.73 PATROL TRAINING 268857 102717 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 56.73 194709 11/3/2017 138310 THOMPSON, GREGG 43.00 WRES CONFERENCE PARKING MILEAG 268833 101817 6511.6476 Conferences/Meetings/Training Training/Conferences/Schools 43.00 194710 11/3/2017 137178 THUL, JEFF 120.37 TRAINING MILEAGE 268834 100617 1104.6353 Personal Auto/Parking Patrolling/Traffic 120.37 194711 11/3/2017 120394 TIGER OAK PUBLICATIONS INC. 1,700.00 MN MEETINGS & EVENTS MARKETING 268829 2017-186581 6825.6357 Advertising/Publication Marketing 1,700.00 194712 11/3/2017 147712 VERMONT SYSTEMS INC. 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 18Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194712 11/3/2017 147712 VERMONT SYSTEMS INC.Continued... 100.00 VSI TRAINING 268835 56713 3001.6477 Local Meeting Expenses General/Admn-Recreation 100.00 194713 11/3/2017 150882 VERPLOEG, GLADYS 115.10 10142-OVRPMNT 4447 WOODGATE CT 268836 101917 9220.2250 Escrow Deposits Public Utilities 115.10 194714 11/3/2017 114534 VISTAR CORPORATION 458.71 HOT DOGS/CHIPS/PRETZELS 268862 50094070 6609.6855 Merchandise for Resale Concession Sales/Vending 458.71 194715 11/3/2017 150897 WAGNER, SHELLY 360.00 REFUND 268838 542102 9001.2250 Escrow Deposits General Fund 360.00 194716 11/3/2017 149532 WAHL, KAYE 29.94 KAYE REIMBURSENT FOR SENIOR TR 268855 102417 3078.6227 Recreation Equipment/Supplies Senior Citizens 29.94 194717 11/3/2017 150877 WILLIAMSON, HEADLEY 246.89 10147-OVRPMNT 4630 SUMMIT PASS 268837 101917 9220.2250 Escrow Deposits Public Utilities 246.89 194718 11/3/2017 104542 WSB & ASSOCIATES, INC. 4,694.75 CONCEPT LAYOUTS 268847 17-0-002084-120 -102417 8189.6713 Project - Outside Engineering P1189 CG area landscape monume 2,681.50 QUARRY PARK DESIGN 268840 2-R-010695-000- 102417 2803.6751 Design & Engineering (External Quarry Park 153.00 CMF LANDSCAPING DESIGN SVCS 268839 5-0-002084-200- 102417 9355.6713 Project - Outside Engineering MAINTENANCE FACILITY EXPANSION 5,576.50 STORMWATER AND FINAL DESIGN 268841 7-0-001380-280- 101617 8245.6713 Project - Outside Engineering P1245 Quarry Rd 13,105.75 194719 11/3/2017 149263 WSI MANUFACTURING INC. 151.55 PATROL CLOTHING 268848 59271 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 151.55 194720 11/3/2017 101755 XCEL ENERGY 469.20 CENTRAL PARKWAY STREET LITES 268842 51-6563390-9-10 6301.6406 Electricity-Street Lights Street Lighting 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 19Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194720 11/3/2017 101755 XCEL ENERGY Continued... 2317 469.20 194721 11/3/2017 101755 XCEL ENERGY 1,679.32 BURR OAKS LIFT STATION 268843 51-0011013079-4 -102317 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 1,679.32 194722 11/3/2017 101755 XCEL ENERGY 186.66 CEDAR GROVE PKWY STREET LITES 268844 51-0010060024-7 -101917 6301.6406 Electricity-Street Lights Street Lighting 186.66 194723 11/3/2017 101755 XCEL ENERGY 9.65 MONUMENTS LIGHTING 268845 51-0010165807-6 -101917 6301.6406 Electricity-Street Lights Street Lighting 9.65 194724 11/3/2017 101755 XCEL ENERGY 165.48 STREET LITES 268846 51-0280165-0-10 1917 6301.6406 Electricity-Street Lights Street Lighting 165.48 194725 11/3/2017 101755 XCEL ENERGY 2,385.32 CEDAR GROVE PARKING GARAGE 268850 51-0010548879-4 -101917 9116.6405 Electricity Cedar Grove Parking Garage 2,385.32 194726 11/3/2017 101755 XCEL ENERGY 48.88 WELL HOUSE #22 268851 51-0011688001-1 -101917 6148.6409 Electricity-Wells/Booster Stat North Well Field 48.88 194727 11/3/2017 119221 XCEL ENERGY (R) 529.88 NOV 2017 ELECTRICITY 268852 51-4403417-1-10 2317 9695.6405 Electricity Dakota Co Drug Task Force 529.88 194728 11/3/2017 100247 ZIEGLER INC 243.23 RO 742 UNIT 118 268849 PC001922671 9001.1415 Inventory - Parts General Fund 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 20Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194728 11/3/2017 100247 ZIEGLER INC Continued... 243.23 20173562 10/31/2017 121803 US BANK - AUTOPAY 19.95 PAYFLOW PRO-EPERMITS 268553 0088 026624 10/2 0301.6569 Maintenance Contracts IT-Gen & Admn 20.00 BASECAMP-PROJBASED SOFTWARE-IT 268554 0088 057688 9/24 0301.6569 Maintenance Contracts IT-Gen & Admn 42.84 OFFICE DEPOT-KEYBOARD FOR CMF 268537 0088 059098 9/21 2401.6210 Office Supplies Gen/Adm-Central Services .24 FACEBK AD FOR PRESCHOOL 268435 0152 000917 9/30 0901.6357 Advertising/Publication Gen & Admin-Communications 3.41 FCKBK AD FRO SR EXPO 268435 0152 000917 9/30 3078.6357 Advertising/Publication Senior Citizens 12.50 RECEIPT #219655 GARRISON VISA 268487 0152 019727 10/5 9001.2250 Escrow Deposits General Fund 34.31 BYERLYS TREATS FOR SEPT TECH W 268485 0152 024688 9/13 0915.6477 Local Meeting Expenses Technology Working Group 9.40 RECEIPT #219655 GARRISON VISA 268486 0152 030552 10/4 9001.2250 Escrow Deposits General Fund 28.32 SENIOR EVENTS FCBK ADS 268436 0152 078482 9/30 3078.6357 Advertising/Publication Senior Citizens 51.02 CITY FCBK ADS 268436 0152 078482 9/30 0901.6357 Advertising/Publication Gen & Admin-Communications 14.99 CARIBOU FOR SEPT TECH WK GRP 268494 0152 096745 9/13 0915.6477 Local Meeting Expenses Technology Working Group 145.14 DULUTH TRADIN-PANTS BRIAN THOM 268637 0258 051538 10/4 2401.2115 Clothing Allowance Gen/Adm-Central Services 8.00 LEMI MPLSPARKING- FEE 268483 1104 015430 9/29 0201.6353 Personal Auto/Parking General & Admn-Admn 12.30 CAFE ZUPS-PAGEY VOL LUNCH 268484 1104 086386 9/21 0201.6477 Local Meeting Expenses General & Admn-Admn 62.09 PANERA/MAYOR-MGR MTG 268552 1112 007425 9/15 0201.6477 Local Meeting Expenses General & Admn-Admn 36.14 HOULIHANS/LUNCH MEETING 268551 1112 091368 9/5 0201.6477 Local Meeting Expenses General & Admn-Admn 14.65 LOST SPUR/MEET MAYORS SUMMIT 268525 1112 094456 9/28 0201.6477 Local Meeting Expenses General & Admn-Admn 75.00 BCA -DMT-G TRNG ANSELMENT 268442 1155 000070 9/13 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 75.00 BCA -DMT-G TRNG TOCKO 268447 1155 019396 9/13 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 21Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 101.81 HOLIDAY INN -U.OFF. TRNG ROCHE 268448 1155 028554 9/15 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 75.00 BCA -DMT-G TRNG HELGERSON 268444 1155 042712 9/13 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 75.00 BCA -DMT-G TRNG K. PEDERSON 268446 1155 045128 9/13 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 75.00 BCA -DMT-G TRNG LETOURNEAU 268445 1155 055274 9/13 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 75.00 BCA -DMT-G TRNG COLLINS 268443 1155 080930 9/13 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 9.98 HOLIDAY ICE FOR HOLZ FARM 268424 1171 031179 9/23 3027.6227 Recreation Equipment/Supplies Holz Farm 10.00 TRESTLE STOP ICE FOR HOLZ FARM 268423 1171 033038 9/24 3027.6227 Recreation Equipment/Supplies Holz Farm 137.00 GOT PRINT RACK CARDS 268425 1171 067666 9/7 3061.6357 Advertising/Publication Market Fest 109.87 GOT PRINT WINDOW DECALS 268422 1171 068617 9/29 3061.6357 Advertising/Publication Market Fest 49.00 DAKOTA COUNTY: E-WASTE RECYCLE 268550 1338 003931 9/21 3304.6539 Waste Removal/Sanitation Servi Bldg/Facilities Maintenance 29.99 OFFICEMAX: DESKTOP SPEAKERS 268412 1696 021821 9/13 6801.6212 Office Small Equipment General & Administrative 9.71 KOWALSKIS: F&B 268407 1696 025935 9/29 6831.6855 Merchandise for Resale Food and Beverage 10.47 KOWALSKIS: F&B 268409 1696 041564 10/2 6831.6855 Merchandise for Resale Food and Beverage 13.97 CUB FOODS: F&B 268408 1696 045755 9/29 6831.6855 Merchandise for Resale Food and Beverage 139.35 CUB FOODS: CONCESSIONS 268408 1696 045755 9/29 6806.6855 Merchandise for Resale Concessions 187.64 DOMINOS - FOOD FOLLOWING FIRE 268532 1958 020143 9/5 1221.6220 Operating Supplies - General Administration-Fire 990.00 EZ REGISTER-SPRINGER/DWYER 268539 1958 032231 10/2 1223.6476 Conferences/Meetings/Training Training Fire & EMS 108.90 ROGUE FITNESS-ABILITY TRAINING 268510 1958 034416 9/13 1223.6220 Operating Supplies - General Training Fire & EMS 495.00 GLOBAL RISK-TRAINING SOFTWARE 268488 1958 038147 9/13 1223.6215 Reference Materials Training Fire & EMS 359.00 IAFC-MEMBERSHIP DUES-SPRINGER 268538 1958 038928 9/7 1221.6479 Dues and Subscriptions Administration-Fire 119.04 FIRE BOOKSTORE-TRAINING BOOKS 268535 1958 043306 9/14 1223.6215 Reference Materials Training Fire & EMS 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 22Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 121.44 RAM MOUNT - COMPUTER MOUNT 268534 1958 048919 9/12 1224.6231 Mobile Equipment Repair Parts Engineer 240.00 FROOGYS FOG- SMOKE FLUID 268533 1958 050899 9/8 1223.6220 Operating Supplies - General Training Fire & EMS 69.97 NPI - RAM- IPAD MOUNT 268475 1958 072201 10/5 1221.6238 Communication System Parts Administration-Fire 114.56 HOMEDEPOT-REPAIR TOOLS 268536 1958 082542 9/27 1227.6220 Operating Supplies - General SCBA 350.00 HYVEE HARVEST OF ART 268511 1979 029183 9/10 3097.6227 Recreation Equipment/Supplies MRAC Community Art Grant 13-14 23.60 HYVEE MYSTERY ART NIGHT 268512 1979 069838 9/15 3081.6227 Recreation Equipment/Supplies Arts & Humanities Council 194.48-CREDIT FOR FRUAD CHARGE 268411 2030 9/4 9001.2250 Escrow Deposits General Fund 137.50 SQ *LIFESAVERS: CPR CARDS 268405 2030 051156 10/3 6801.6222 Medical/Rescue/Safety Supplies General & Administrative 23.94 CUB FOODS: F&B 268406 2030 085273 10/4 6831.6855 Merchandise for Resale Food and Beverage 630.72 FUN EXPRESS 268418 2232 006024 9/7 6805.6220 Operating Supplies - General Birthday Parties 20.45 CUB FOODS 268429 2232 021102 9/8 6831.6855 Merchandise for Resale Food and Beverage 22.32 CUB FOODS 268429 2232 021102 9/8 6806.6855 Merchandise for Resale Concessions 10.47 KOWALSKI'S-MISC DELI 268427 2232 021440 9/7 6806.6855 Merchandise for Resale Concessions 26.23 CUB FOODS 268432 2232 032507 9/15 6831.6855 Merchandise for Resale Food and Beverage 127.31 CUB FOODS 268432 2232 032507 9/15 6806.6855 Merchandise for Resale Concessions 53.73 HOME DEPOT-PLANTERS 268431 2232 035927 9/14 6801.6220 Operating Supplies - General General & Administrative 25.16 WALMART 268433 2232 053384 9/15 6801.6220 Operating Supplies - General General & Administrative 10.98 CUB FOODS-MUFFINS 268414 2232 055259 9/22 6831.6855 Merchandise for Resale Food and Beverage 1,104.66 WEBSTAURANT STORE: CONCESSIONS 268410 2232 060525 9/22 6834.6670 Other Equipment Capital Replacement 10.47 KOWALSKI'S-MISC DELI 268415 2232 068615 9/25 6806.6855 Merchandise for Resale Concessions 10.47 KOWALSKI'S-BUNS 268430 2232 070853 9/14 6806.6855 Merchandise for Resale Concessions 35.94 KOWALSKI'S-BUNS 268430 2232 070853 9/14 6831.6855 Merchandise for Resale Food and Beverage 10.47 KOWALSKI'S-MISC DELI 268413 2232 074187 6806.6855 Merchandise for Resale Concessions 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 23Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 9/21 10.47 KOWALSKI'S-MISC DELI 268434 2232 086607 9/18 6806.6855 Merchandise for Resale Concessions 20.00 CUB FOODS 268426 2232 093465 9/6 6831.6855 Merchandise for Resale Food and Beverage 12.66 HOME DEPOT-PLANTERS 268428 2232 095400 9/7 6801.6220 Operating Supplies - General General & Administrative 16.57 CARBONES WEST FIRE CHIEF 268611 2281 010729 9/7 1221.6477 Local Meeting Expenses Administration-Fire 74.36 AMAZON CELL PHONE CASES 268594 2281 010789 10/5 1221.6210 Office Supplies Administration-Fire 4.75 RADISSON PARKING 268588 2281 011866 9/28 1221.6353 Personal Auto/Parking Administration-Fire 13.60 USPS POSTAGE SCOTT AIR 268592 2281 040968 9/22 1221.6346 Postage Administration-Fire 12.15 HOME DEPOT BEE SPRAY 268614 2281 060928 9/21 1221.6220 Operating Supplies - General Administration-Fire 300.00 MN STATE FIRE CHIEFS- CONF 268585 2281 067885 9/19 1223.6476 Conferences/Meetings/Training Training Fire & EMS 10.00 KELLOGG SQ COURT CASE PARKING 268612 2281 071886 9/15 1221.6353 Personal Auto/Parking Administration-Fire 33.00 FIREHOUSE ID GEAR LOCKER NAMES 268613 2281 080486 9/15 1225.6240 Small Tools Fire / EMS Equipment 29.99 SIMPLEINOUT SCHEDULING APP FEE 268562 2339 008716 9/15 9695.6479 Dues and Subscriptions Dakota Co Drug Task Force 3.48 POSTMASTER-LETTER TO WASH CO 268568 2339 012889 9/21 9695.6346 Postage Dakota Co Drug Task Force 3.32 POSTMASTER-LETTER TO HENN CO 268569 2339 027039 9/28 9695.6346 Postage Dakota Co Drug Task Force 11.52 STARKS-FIRE MARSHALS MEETING 268619 2406 034188 9/11 1228.6476 Conferences/Meetings/Training Inspection and Prevention 16.07 COWBMEETING-FIRE INVESTIGATORS 268620 2406 062933 9/13 1228.6476 Conferences/Meetings/Training Inspection and Prevention 23.56 HOLIDAY-PROPANE KITCHEN TRAILE 268618 2406 075529 9/7 1228.6230 Repair/Maintenance Supplies-Ge Inspection and Prevention 65.00-REFUND STATE OF AIRPORT LUNCH 268546 2601 9/26 0101.6477 Local Meeting Expenses Legislative/Policy Development 396.90 DELTA - D OSBERG - NLC CONF 268544 2601 002880 9/25 0201.6476 Conferences/Meetings/Training General & Admn-Admn 473.50 DELTA - C FIELDS - NLC CONF =268566 2601 015009 9/12 0101.6476 Conferences/Meetings/Training Legislative/Policy Development 35.00 WALL STREET NEWSPAPER 268543 2601 017036 9/21 0501.6479 Dues and Subscriptions General & Admn-Finance 24.85 CUB FOODS-COUNCIL MEAL 268564 2601 048814 0101.6477 Local Meeting Expenses Legislative/Policy Development 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 24Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 9/11 16.94 WALGREENS HISTORICAL PHOTOS 268547 2601 053841 9/26 0917.6496 Historical Society Historical Society 366.90 DELTA - M TILLEY - NLC CONF 268540 2601 061851 9/13 0101.6476 Conferences/Meetings/Training Legislative/Policy Development 396.90 DELTA - M MAGUIRE - NLC CONF 268545 2601 062794 9/25 0101.6476 Conferences/Meetings/Training Legislative/Policy Development 116.66 KOWALSKIS-COUNCIL MEAL 268541 2601 075751 9/15 0101.6477 Local Meeting Expenses Legislative/Policy Development 6.00 CUB FOODS - COUNCIL MEAL 268548 2601 078390 10/3 0101.6477 Local Meeting Expenses Legislative/Policy Development 106.84 DAVANNI'S - COUNCIL MEAL 268565 2601 081794 9/12 0101.6477 Local Meeting Expenses Legislative/Policy Development 23.56 KOWALSKI-COUNCIL MEAL 268542 2601 083537 9/19 0101.6477 Local Meeting Expenses Legislative/Policy Development 146.55 POTBELLY - COUNCIL MEAL 268549 2601 089407 10/3 0101.6477 Local Meeting Expenses Legislative/Policy Development 54.00 CAMP RIPLEY-ROOMS TRNG 268623 2642 019116 10/3 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 24.47 NELSON BROS-LUNCH TRNG SWAT 268622 2642 050706 10/3 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 52.10 THE FORT-2 DINNERS-TRNG 268624 2642 097190 10/4 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 36.95 AMAZON PEDANT CASE 268561 2881 003913 9/29 9695.6670 Other Equipment Dakota Co Drug Task Force 10.99 AMAZON PRIME MEMBERSHIP REFUN 268567 2881 038802 9/28 9695.6479 Dues and Subscriptions Dakota Co Drug Task Force 30.00 MAPLINE 10/19-11/19/17 268559 2881 048147 9/19 9695.6479 Dues and Subscriptions Dakota Co Drug Task Force 64.90 UNITED PROMOTIONS DTF T-SHIRTS 268560 2881 071934 9/19 9695.6210 Office Supplies Dakota Co Drug Task Force 13.40 WALMART-HOLZ FARM FALL FEST 268519 3196 031122 9/22 3027.6227 Recreation Equipment/Supplies Holz Farm 2.43 WALMART-MARKET FEST SUPPLIES 268518 3196 031388 9/18 3061.6227 Recreation Equipment/Supplies Market Fest 180.04 FUN EXPRESS-HALLOWEEN SUPPLIES 268520 3196 076402 9/26 3063.6227 Recreation Equipment/Supplies Seasonal Special Events 75.85 PARTY CITY-HALLOWEEN SUPPLIES 268521 3196 092253 9/27 3063.6227 Recreation Equipment/Supplies Seasonal Special Events 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 25Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 17.86 WALMART BDAY SUPPLIES 268580 3330 072949 9/8 6609.6855 Merchandise for Resale Concession Sales/Vending 681.99 BLICK - SR. ART SUPPLIES 268517 3968 025593 9/27 3092.6227 Recreation Equipment/Supplies CDBG - Seniors 47.76 HOME DEPOT PROG SUPPLIES 268514 3968 038712 9/6 3081.6227 Recreation Equipment/Supplies Arts & Humanities Council 23.88 HOME DEPOT PROG SUPPLIES 268515 3968 063966 9/7 3081.6227 Recreation Equipment/Supplies Arts & Humanities Council 656.97 CHEAP JOES - WATERCOLOR PAPER 268516 3968 074325 9/26 3092.6227 Recreation Equipment/Supplies CDBG - Seniors 4.46 WALMART - OFFICE SUPPLIES 268513 3968 095485 9/28 3081.6220 Operating Supplies - General Arts & Humanities Council 15.89 WALMART - SR. ART SUPPLIES 268513 3968 095485 9/28 3092.6227 Recreation Equipment/Supplies CDBG - Seniors 6.44-CANAL PARK LODGE- EATON 268493 3987 9/15 6103.6476 Conferences/Meetings/Training Training & Education 135.00-MN GIS/LIS CONF-A. JOHNSON 268417 3987 00000N 9/7 6103.6476 Conferences/Meetings/Training Training & Education 767.16 CANAL PARK LODGE- EATON 268492 3987 062159 9/15 6103.6476 Conferences/Meetings/Training Training & Education 50.00 KMSCO-FIRE BLANKET SAMPLE 268578 3993 045701 9/13 1221.6220 Operating Supplies - General Administration-Fire 58.55 FIRE PREVENTION WEEK BANNER 268599 3993 047763 9/6 1228.6226 Public Safety Supplies Inspection and Prevention 145.00 PULSE CHECK CONF MCPHERSON 268576 3993 075728 9/18 1223.6476 Conferences/Meetings/Training Training Fire & EMS 297.32 GOTPRINT FIRE PREV WK FLYERS 268577 3993 083118 9/20 1228.6226 Public Safety Supplies Inspection and Prevention 13.92 WALGREENS MEN'S SB EQUIP 268421 4239 005572 9/21 3048.6220 Operating Supplies - General Adult Softball-Men 75.00 CASPER'S WOMEN'S SB AWARD 268420 4239 090823 9/29 3049.6227 Recreation Equipment/Supplies Adult Softball-Women 40.00 DAK CTY REG-GOOD DAY VAUGHAN 268503 4288 004548 9/7 6601.6476 Conferences/Meetings/Training General/Administrative-Arena 296.60 AMERICAN AIR- WORLD WATER PARK 268506 4288 007699 9/14 6716.6476 Conferences/Meetings/Training General Administration 918.00 WORLD WATER PARK CONF-VAUGHAN 268505 4288 021716 9/16 6601.6476 Conferences/Meetings/Training General/Administrative-Arena 98.00 JENS VENDING-LABOR FIX VENDING 268504 4288 036994 9/15 6629.6535 Other Contractual Services Vending 195.00 JENS VENDING PARTS FOR VENDING 268504 4288 036994 9/15 6629.6230 Repair/Maintenance Supplies-Ge Vending 21.00 AMERICAN AIR- WORLD WATER PARK 268507 4288 089935 9/14 6716.6476 Conferences/Meetings/Training General Administration 109.00 UNIQUE REPAIR APPLIANCE REPAIR 268591 4320 089169 9/25 3313.6535 Other Contractual Services Fire Buildings 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 26Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 26.48 WALMART SUPPLIES 268596 4320 094369 9/12 6827.6220 Operating Supplies - General Building Maintenance 48.39 CORE HEALTH-FITNESS EQUIPPARTS 268419 4406 002225 9/20 6807.6232 Small Equipment Repair Parts Fitness Center 72.76 SPRI-FITNESS EQUIPMENT 268416 4406 006050 9/29 6807.6227 Recreation Equipment/Supplies Fitness Center 214.20 AMAZON SPORTDOG TRAINER 268563 4670 029397 9/28 9695.6226 Public Safety Supplies Dakota Co Drug Task Force 8.25 SCSU PARKING-JOB FAIR PARKING 268626 4683 015078 9/27 1101.6353 Personal Auto/Parking General/Admn-Police 175.00 BCA TRNG-LT.LEADERSHIP FINERAN 268601 4683 018738 9/28 1101.6476 Conferences/Meetings/Training General/Admn-Police 77.02 CABELA'S-CLAY PIGEONS 268625 4683 032496 9/26 1104.6228 Ammunition Patrolling/Traffic 14.99 PANERA BREAD-CHAPLAIN MEETING 268526 4683 093996 9/12 1101.6476 Conferences/Meetings/Training General/Admn-Police 25.00 BCA-TRNG-MEADE 268632 4835 027160 9/6 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 25.00 BCA-TRNG-THUL 268634 4835 055418 9/6 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 10.70 BEST BUY-FLASH DRIVE 268636 4835 057852 10/3 1105.6212 Office Small Equipment Investigation/Crime Prevention 25.00 BCA-TRNG-ANSELMENT 268633 4835 080226 9/6 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 330.00 VOYAGUERS-EXPLORER CONF 268635 4835 086141 9/25 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 12.83 SBARRO-LUNCH-TRNG 268617 4835 089377 9/27 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 99.00-AMAZON PRIME MEM CREDIT 268469 4868 9/18 1104.6226 Public Safety Supplies Patrolling/Traffic 89.00 REAL ESTATE SUMMITS-HUTMACHER 268602 4872 002087 9/5 0720.6477 Local Meeting Expenses General Admin-Planning & Zonin 220.00 EVENTBRITE-ZELENKA 268606 4872 029058 10/3 0801.6476 Conferences/Meetings/Training General & Admn-Protective Insp 40.00 DAK CTY REG-WORKFORCE SUMMIT 268607 4872 032399 9/27 0720.6477 Local Meeting Expenses General Admin-Planning & Zonin 60.00 GTS EDUC-LAND USE TRNG-TORRES 268603 4872 037643 9/15 0720.6477 Local Meeting Expenses General Admin-Planning & Zonin 24.62 SAVOY PIZZA-APC WORKSHOP 268605 4872 046242 9/26 0720.6477 Local Meeting Expenses General Admin-Planning & Zonin 40.00 SENS LAND USE-RIDLEY 268608 4872 067905 10/2 0720.6477 Local Meeting Expenses General Admin-Planning & Zonin 35.20 CUB FOODS 268604 4872 076398 9/25 0720.6477 Local Meeting Expenses General Admin-Planning & Zonin 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 27Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 263.90 HITON, MANKATO-DUDZIAK 268609 4872 076992 9/30 0720.6476 Conferences/Meetings/Training General Admin-Planning & Zonin 87.60 SAM'S --- FIP TRNG 268470 4884 020186 9/19 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 906.75 HYATT REGENCY- NEG TNG HARRELL 268478 4884 031114 9/6 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 34.59 HYVEE --- FIP TRNG 268471 4884 035258 9/20 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 40.28 SAM'S --- FIP TRNG 268472 4884 048557 9/20 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 906.75 HYATT REGENCY-NEG TNG LOUNSBUR 268479 4884 090498 9/6 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 26.24 PUFFY CREAM ---- FIP TRNG 268473 4884 099888 9/22 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 216.47 COPPER LANTERN --- SWAT TRNG 268474 4926 019923 10/2 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 243.96 COPPER LANTERN --- SWAT TRNG 268450 4926 084482 10/5 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 198.15 BEST BUY-VARDA ACCESS 268615 4934 000555 9/8 1105.6212 Office Small Equipment Investigation/Crime Prevention 53.29 AMAZON-INSTR MANUAL 268616 4934 009649 9/21 1105.6215 Reference Materials Investigation/Crime Prevention 84.04 ZE'S-FOOD DURING SEARCH WARRAN 268589 4959 041211 9/6 1105.6520 Major Investigation Expenses Investigation/Crime Prevention 242.75 AXON-TASER HOLSTERS 268590 4959 078216 9/25 1104.6226 Public Safety Supplies Patrolling/Traffic 69.00 EVENTBRITE-CYTRYSZEWSKI 268595 4959 080443 9/21 1105.6476 Conferences/Meetings/Training Investigation/Crime Prevention 110.43 AMAZON BUS.-BATTERIES 268629 4975 047321 10/4 1104.6226 Public Safety Supplies Patrolling/Traffic 208.38 AMAZON BUS-POLICE LINE TAPE 268628 4975 061750 9/28 1104.6226 Public Safety Supplies Patrolling/Traffic 633.93 MAGNETICMIC-SQD. MIC. HOLDERS 268627 4975 073816 9/14 3511.6680 Mobile Equipment Equip Rev Fd-Dept 11 234.20 HEARTLAND-TRANSMITTER POUCH 268621 4975 076793 9/12 1104.6232 Small Equipment Repair Parts Patrolling/Traffic 247.24 ARROWWOOD-MNGFOA CONF - GIBBS 268523 4991 006775 9/27 0501.6475 Miscellaneous General & Admn-Finance 247.24 ARROWOOD-MNGFOA CONF - O'LEARY 268522 4991 081771 9/27 0501.6476 Conferences/Meetings/Training General & Admn-Finance 247.24 ARROWWOOD-MNGFOA-CONF FELDMAN 268524 4991 081864 9/27 0501.6476 Conferences/Meetings/Training General & Admn-Finance 20.50 NEW ORLEANS CONV CENTER-LUNCH 268480 5412 008587 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 28Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 9/28 8.00 NEW ORLEANS CONV CENTER-LUNCH 268502 5412 017886 9/27 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 89.00 VOLGISTICS-MONTHLY FEE 268496 5412 025688 9/21 3001.6475 Miscellaneous General/Admn-Recreation 15.52 CAFE BEIGNET-BKFST NOWARIAK 268490 5412 026625 9/29 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 11.82 NASHVILLE AIRPORT-BREAKFAST 268498 5412 027015 9/25 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 16.00 THE HOWLIN WOLF-CONF DINNER 268499 5412 042547 9/25 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 667.27 GREENMIL ART HOUSE ANNIVERSARY 268508 5412 048956 9/11 3097.6227 Recreation Equipment/Supplies MRAC Community Art Grant 13-14 30.00 HERBSAINT-DINNER-NOWARIAK 268489 5412 049101 9/28 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 660.31 SPRINGHILL SUITES-NRPA CONFERE 268481 5412 059456 10/1 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 27.21 CUB-HOLZ FARM 268497 5412 063751 9/24 3027.6227 Recreation Equipment/Supplies Holz Farm 18.75 AT YOUR SERVICE-TRANSPORTATION 268500 5412 064807 9/25 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 8.70 GREENMIL ART HOUSE ANNIVERSARY 268509 5412 076849 9/11 3097.6227 Recreation Equipment/Supplies MRAC Community Art Grant 13-14 8.00 NEW ORLEANS CONV CENTER-LUNCH 268501 5412 085826 9/26 3001.6476 Conferences/Meetings/Training General/Admn-Recreation 39.70 DEWALT FAC SER-AIR COMP PARTS 268631 5486 008218 9/13 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 322.23 NIXALITE OF AM.CLEANING SUPPLY 268630 5486 055764 10/4 3106.6223 Building/Cleaning Supplies Structure Care & Maintenance 60.00-AMERICAN AIRLINES --- BAGGAGE 268465 5528 9/13 1101.6476 Conferences/Meetings/Training General/Admn-Police 175.00 BCA TRAINING-LEADERS CONF. NEW 268477 5528 009853 9/26 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 23.26 CARBONE'S --- LUNCH X2 DCTC 268467 5528 034991 9/25 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 13.98 CUB FOODS --- DCDTF MEETING 268466 5528 043032 9/21 1101.6477 Local Meeting Expenses General/Admn-Police 5.35 OTTER BOX --- SHIPPING 268476 5528 046140 9/14 1107.6346 Postage Support Services 25.00 STI --- GPS TRACKING 268468 5528 097989 1105.6457 Machinery & Equipment-Rental Investigation/Crime Prevention 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 29Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 9/26 31.42 GOTPRINT: POSTCARDS 268401 5688 009259 9/17 6801.6357 Advertising/Publication General & Administrative 145.52 GOTPRINT: POSTCARDS 268402 5688 084936 9/29 6805.6357 Advertising/Publication Birthday Parties 295.62 AMAZON-CHAINSAW HELMETS 268482 6565 038548 10/5 2272.6222 Medical/Rescue/Safety Supplies Tree Trimming 1,275.00 UOFM-APWA FALL CONF (X5) 11/16 268491 6565 064008 9/26 2010.6476 Conferences/Meetings/Training General Engineering 675.00 CUMULUS AD FOR MENS LEAGUE 268579 6884 027964 10/2 6614.6357 Advertising/Publication Adult Hockey League 30.13 ITUNES-MUSIC FOR DANCE CLASS 268439 7790 012560 9/14 3066.6227 Recreation Equipment/Supplies Dance/Movement 29.79 MICHAELS-PRESCHOOL ART 268437 7790 064846 9/20 3057.6227 Recreation Equipment/Supplies Preschool Programs 4.83-CANAL PARK LODGE BRENT AWWA 268574 7932 9/15 6103.6476 Conferences/Meetings/Training Training & Education 37.57 BEST BUY MONITOR ADAPTOR 268572 7932 010074 9/11 6143.6212 Office Small Equipment Valve Maintenance/Repair 43.87 HOME DEPOT HYDRANT REPAIR 268557 7932 011818 10/4 6144.6240 Small Tools Hydrant Maintenance/Repair 169.76 POLLLARD WATER HYDRANT CHAIN 268556 7932 026850 10/3 6144.6260 Utility System Parts/Supplies Hydrant Maintenance/Repair 575.37 CANAL PARK LODGE BRENT AWWA 268573 7932 043461 9/15 6103.6476 Conferences/Meetings/Training Training & Education 135.85 HOME DEPOT TOOLS FOR CS 268575 7932 043760 9/27 6131.6240 Small Tools Water Customer Service 77.94 NORTHERN TOOL FITTINGS FOR PR 268571 7932 055779 9/6 6152.6260 Utility System Parts/Supplies PRS Inspection/Maint/Repair 184.96 SUITES HOTEL FOR AWWA-MASSMAN 268584 7932 059051 9/14 6203.6476 Conferences/Meetings/Training Training & Education 235.95 NORTHERN TOOL PRESSURE MONITOR 268555 7932 063353 9/27 6152.6260 Utility System Parts/Supplies PRS Inspection/Maint/Repair 224.99 METAL SUPERMARKETS LIFTSTATION 268558 7932 074184 10/5 6239.6260 Utility System Parts/Supplies Lift Station Maintenanc/Repair 350.00 AWWA REGISTR-TRACY/GRIFFIN 268583 7932 089767 9/6 6203.6476 Conferences/Meetings/Training Training & Education 38.70 HOME DEPOT PAINT FOR KEY RACKS 268570 7932 093274 9/6 6232.6230 Repair/Maintenance Supplies-Ge Equipment Maintenance/Repair 24.18-USED WRONG CARD DEDUCT 268581 7965 9/15 CR 9001.2250 Escrow Deposits General Fund 22.38-MISTAKE CREDIT RECIEVED 268582 7965 9/15CR2 9001.2250 Escrow Deposits General Fund 22.38 CREDIT ISSUED 268598 7965 016708 9/15 9001.2250 Escrow Deposits General Fund 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 30Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 24.18 CREDIT ISSUED 268597 7965 062674 9/15 9001.2250 Escrow Deposits General Fund 575.37 CANAL PARK LODGE MNAWWA GILBER 268638 7965 063647 9/15 6103.6476 Conferences/Meetings/Training Training & Education 33.71 BLUEACRE SEAFOOD-NATOA MEAL 268456 8564 001540 9/13 9701.6476 Conferences/Meetings/Training PEG-eligible 72.31 YOUTUBE DOWNLOAD SOFTWARE 268452 8564 003587 9/6 9701.6270 Computer Software PEG-eligible 49.92 CAB TO AIRPORT-NATOA CONF 268459 8564 009823 9/15 9701.6476 Conferences/Meetings/Training PEG-eligible 13.15 FIRST & PIKE NEWS-MAGAZINES 268457 8564 009977 9/13 9701.6215 Reference Materials PEG-eligible 25.00 DELTA AIR-BAGGAGE FEE 268454 8564 018282 9/11 9701.6476 Conferences/Meetings/Training PEG-eligible 10.99 AMAZON PRIME-J. ONGSTAD 268461 8564 022342 9/15 9701.6479 Dues and Subscriptions PEG-eligible 9.95 VOICES.COM JOB FEE 268464 8564 023825 9/22 9701.6310 Professional Services-General PEG-eligible 1,846.71 B & H PHOTO 268440 8564 026407 9/26 9701.6220 Operating Supplies - General PEG-eligible 49.99 PONDS-MUSIC EAGAN FORWARD 268463 8564 034450 9/22 9701.6270 Computer Software PEG-eligible 30.59 FORNAIO-NAOTA DINNER 268455 8564 049768 9/12 9701.6476 Conferences/Meetings/Training PEG-eligible 25.00 DELTA AIR-BAGGAGE FEE 268460 8564 051552 9/15 9701.6476 Conferences/Meetings/Training PEG-eligible 337.79 MICRO CENTER 268441 8564 053536 9/29 9701.6220 Operating Supplies - General PEG-eligible 9.99 DROP BOX-MONTHLY CHARGE 268451 8564 063962 9/6 9701.6479 Dues and Subscriptions PEG-eligible 1,186.16 HYATT HOTEL-SEATTLE 9/11-9/15 268458 8564 072835 9/15 9701.6476 Conferences/Meetings/Training PEG-eligible 51.84 CAB RIDE TO HOTEL NATOA 268453 8564 077967 9/11 9701.6476 Conferences/Meetings/Training PEG-eligible 249.00 DIGITAL JUICE-PORTABLE TELEPRO 268462 8564 088350 9/20 9701.6475 Miscellaneous PEG-eligible 702.00 YARUSSO-SENIOR TRIP 268438 8588 098488 9/19 3078.6227 Recreation Equipment/Supplies Senior Citizens 65.95 GOTPRINT.COM DOG LICENSES 2 268495 8676 091213 10/6 1110.6211 Office Printed Material/Forms Animal Control 247.24 ARROWWOOD-MNGFOA CONF- PEPPER 268610 8757 006809 0501.6476 Conferences/Meetings/Training General & Admn-Finance 11/2/2017City of Eagan 16:44:55R55CKR2LOGIS101 31Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/3/201710/30/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20173562 10/31/2017 121803 US BANK - AUTOPAY Continued... 9/27 1,301.24 3CMA-FOOTE/COUILLARD 268600 8757 096401 9/9 0901.6476 Conferences/Meetings/Training Gen & Admin-Communications 266.56 FIRSTSOURCE SOLUTIONS DRUG SCR 268527 9382 027237 9/8 1001.6318 Medical Services - Physical Ex General/Admn-Human Resources 30.00 PAYPAL SPRINGBOARD ARTS JOB AD 268530 9382 057196 9/20 1001.6358 Employment Advertising General/Admn-Human Resources 408.00 SURVEYMONKEY SUBSCRIPTION 268528 9382 062514 9/18 1001.6210 Office Supplies General/Admn-Human Resources 115.91 CUBFOODS WELLNESS EVENT 268529 9382 069844 9/19 9592.2862 Deferred Revenue Benefit Accrual 97.65 HYVEE GRILL NEW HIRE LUNCH 268531 9382 076347 10/3 1001.6477 Local Meeting Expenses General/Admn-Human Resources 99.00 AMAZON PRIME-J. ANDERSEN 268449 9493 063500 9/16 3081.6220 Operating Supplies - General Arts & Humanities Council 53.55 SIERRA TRADING POST-DOG BED 268404 9597 015478 9/24 9695.6226 Public Safety Supplies Dakota Co Drug Task Force 40.68 PETCO-GROOMING, ETC 268403 9597 074617 9/19 9695.6226 Public Safety Supplies Dakota Co Drug Task Force 38.10 HOULIHANS-ECCPA MEETING 268586 9807 026150 9/21 1101.6477 Local Meeting Expenses General/Admn-Police 59.85 PLETSCHERS-FLOWERS-*REIMBURSED 268587 9807 068159 9/28 1101.6475 Miscellaneous General/Admn-Police 175.00 BCA-LEADERSHIP CONF MCDONALD 268593 9807 088122 9/25 1101.6476 Conferences/Meetings/Training General/Admn-Police 36,144.37 593,002.37 Grand Total Payment Instrument Totals Checks 556,858.00 EFT Payments 36,144.37 Total Payments 593,002.37 11/2/2017City of Eagan 16:45:03R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/3/201710/30/2017 - Company Amount 94,147.0509001GENERAL FUND 105.7509115DWI Forfeiture 2,716.3209116CEDAR GROVE PARKING GARAGE 13,548.8409197ETV 63,484.7809220PUBLIC UTILITIES 3,672.9409221CIVIC ARENA 377.3109222CASCADE BAY 5,398.5209223CENTRAL PARK /COMMUNITY CENTER 120,303.9009328PARK SYS DEV AND R&R 5,145.9309335EQUIPMENT REVOLVING 10,110.0009355MAINTENANCE FACILITY EXPANSION 261,315.4609372REVOLVING SAF-CONSTRUCTION 9,777.0909592BENEFIT ACCRUAL 2,898.4809695DAK CO DRUG TASK FORCE Report Totals 593,002.37 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 2Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194738 11/10/2017 141341 BAYCOM INC.Continued... 5,070.00 SOFTWARE MAINT-PD 268899 EQUIPINV_010805 0301.6569 Maintenance Contracts IT-Gen & Admn 5,070.00 194739 11/10/2017 146481 BERNICK'S 203.16 CONCESSION RESALE 268900 390393 6609.6855 Merchandise for Resale Concession Sales/Vending 203.16 194740 11/10/2017 143561 BLUE TARP FINANCIAL 166.12 EQUIP PARTS 268901 38928439 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 166.12 194741 11/10/2017 144122 BRAND FARMS 7.00 11/4/17 MARKETFEST SNAP/EBT 268902 110417 3061.6220 PR003 Operating Supplies - General Market Fest 7.00 194742 11/10/2017 146761 BUCHOLZ, MIKE 48.19 CLOTHING ALLOWANCE - BUCHOLZ 268912 102817 6401.2115 Clothing Allowance Storm Sewer-Administration 48.19 194743 11/10/2017 148751 CAMPBELL KNUTSON 17.44 LEGAL 269079 3407-999G-10311 7 0602.6311 Legal Prosecuting Attorney 17.44 194744 11/10/2017 150935 CAPRISTO, ALDO 22.58 10206-OVRPMNT 1631 MALLARD CIR 268903 110117 9220.2250 Escrow Deposits Public Utilities 22.58 194745 11/10/2017 150922 CARLSTON, SCOTT 12,250.00 REFUND FIN GUARANTEE 268915 100917 9001.2250.529 Eagan Car Club fin guarantee General Fund 12,250.00 194746 11/10/2017 101652 CEMSTONE PRODUCT CO. 150.00 GOAT #1 CIP 268904 361526 2822.6761 Athletic Furnishings Goat Hill Park 150.00 194747 11/10/2017 142846 CENTURYLINK 183.92 ART HOUSE 268905 651686-9134742- NOV17 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 183.92 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 3Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194747 11/10/2017 142846 CENTURYLINK Continued... 194748 11/10/2017 150949 CINCOTTA FAMILY FARMS 5.00 11/4/17 MARKETFEST SNAP/EBT 268906 110417 3061.6220 PR003 Operating Supplies - General Market Fest 5.00 194749 11/10/2017 150698 CLARAS COMFORT FOOD 9.00 11/4/17 MARKETFEST MEDICA 268907 110417 3061.6220 PR007 Operating Supplies - General Market Fest 17.00 11/4/17 MARKETFEST SNAP/EBT 268907 110417 3061.6220 PR003 Operating Supplies - General Market Fest 26.00 194750 11/10/2017 114636 COMCAST 2,537.29 REFUND DATA REQUEST 215943 268910 215943 0201.4242 Maintenance Equipment and Pers General & Admn-Admn 2,537.29 194751 11/10/2017 142286 COMCAST 21.14 COMCAST FEES 11/5/17-12/4/17 268911 877210508075712 9-102517 1221.6535 Other Contractual Services Administration-Fire 21.14 194752 11/10/2017 150896 CORE & MAIN LP 209.76 HYDRANT REPAIR 268908 0389545 6144.6260 Utility System Parts/Supplies Hydrant Maintenance/Repair 63.97 HYDRANT REPAIR 268909 0390894 6144.6260 Utility System Parts/Supplies Hydrant Maintenance/Repair 273.73 194753 11/10/2017 146281 CORNERSTONE PARKING GROUP INC. 1,075.40 DESIGNER SIGN 268913 1460 9116.6535 Other Contractual Services Cedar Grove Parking Garage 1,680.36 FLOOR MAT, REPAIR 268913 1460 9116.6223 Building/Cleaning Supplies Cedar Grove Parking Garage 2,238.92 LANDSCAPING RELIANBLE INVOICE 268913 1460 9116.6253 Turf Maintenance & Landscape S Cedar Grove Parking Garage 4,994.68 194754 11/10/2017 150414 CSS-CONTRACTORS AND SURVEYORS 10.95 REPAIR GPS EQUIP 268914 9462 6136.6240 Small Tools GIS - Utilities 10.95 194755 11/10/2017 100050 DAKOTA ELECTRIC 112.94 HOLZ FARM 268916 100914-1-OCT17 3106.6405 Electricity Structure Care & Maintenance 34.76 DIFFLEY/LEXINGTON 268917 101738-3-OCT17 3106.6405 Electricity Structure Care & Maintenance 37.43 DIFFLEY/LEXINGTON 268918 102634-3-OCT17 3106.6405 Electricity Structure Care & Maintenance 23.68 OAK POND ROAD SAN LIFT STATION 268919 102843-0-OCT17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 26.24 DIFFLEY/LEXINGTON 268920 103085-7-OCT17 3106.6405 Electricity Structure Care & Maintenance 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 4Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194755 11/10/2017 100050 DAKOTA ELECTRIC Continued... 30,168.12 RIVER HILLS STREET LITES 268921 129548-4-OCT17 6301.6406 Electricity-Street Lights Street Lighting 51.08 JOHNNYCAKE/CLIFF SIGNALS 268922 141558-7-OCT17 6301.6407 Electricity-Signal Lights Street Lighting 26.24 GUN CLUB ROAD LIFTSTATION 268923 166469-7-OCT17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 137.59 TRAPP LAKE PARK 268924 172633-0-OCT17 3106.6405 Electricity Structure Care & Maintenance 2,226.56 HOLLAND STORM 268925 183413-4-OCT17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 12.49 ELRENE RD HOCKEY RINK 268926 192536-1-OCT17 3106.6405 Electricity Structure Care & Maintenance 848.60 CANTER GLEN STORM 268927 193566-7-OCT17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 27.99 LEXINGTON RESERVOIR 268928 200603-9-OCT17 6154.6409 Electricity-Wells/Booster Stat South Plant Building 20.30 WESCOTT STORM 268929 201101-3-OCT17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 202.32 WOODLANDS STORM 268930 201125-2-OCT17 6439.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 61.81 NORTHVIEW PARK IRRIGATION 268931 203049-2-OCT17 3106.6405 Electricity Structure Care & Maintenance 44.31 OHMAN PARK SHELTER 268932 205375-9-OCT17 3106.6405 Electricity Structure Care & Maintenance 27.05 DIFFLEY ROAD TUNNEL LITES 268933 214662-9-OCT17 3106.6405 Electricity Structure Care & Maintenance 82.79 DIFFLEY/LEXINGTON 268934 221769-3-OCT17 3106.6405 Electricity Structure Care & Maintenance 14.00 620 CLIFF ROAD AERATOR 268935 226044-6-OCT17 6520.6405 Electricity Basin Mgmt-Aeration 22.40 MAJESTIC OAKS SAN 268936 288226-4-OCT17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 14.00 HAY LAKE ROAD AERATOR 268937 371946-5-OCT17 6520.6405 Electricity Basin Mgmt-Aeration 18.67 WESCOTT TR GAZEBO 268938 393793-5-OCT17 3106.6405 Electricity Structure Care & Maintenance 60.99 STEEPLECHASE CT LIFTSTATION 268939 401500-4-OCT17 6239.6405 Electricity Lift Station Maintenanc/Repair 412.32 ART HOUSE 268940 412157-0-OCT17 3106.6405 Electricity Structure Care & Maintenance 17.15 ART HOUSE GAZEBO 268941 440126-1-OCT17 3106.6405 Electricity Structure Care & Maintenance 34.17 MARSH COVE SAN LIFT STATION 268942 441453-8-OCT17 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 34,766.00 194756 11/10/2017 100053 DELEGARD TOOL CO 120.73 PRY BARS AND HAMERS 268943 13508 2401.6240 Small Tools Gen/Adm-Central Services 22.38 PINS FOR PLOWS 268944 14212 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 143.11 194757 11/10/2017 118917 DEPARTMENT OF LABOR AND INDUSTRY 8,853.43 BLDG PERMIT 10/17 268945 100117 9001.2195 Due to State - Permit Surcharg General Fund 8,853.43 194758 11/10/2017 142962 DIAMOND MOWERS INC. 23.31 RO 754 UNIT 324 268946 0133249-IN 9001.1415 Inventory - Parts General Fund 23.31 194759 11/10/2017 150929 DIAZ, VANESSA 86.35 10206-OVRPMNT 1591 RAINDROP DR 268947 110117 9220.2250 Escrow Deposits Public Utilities 86.35 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 5Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194759 11/10/2017 150929 DIAZ, VANESSA Continued... 194760 11/10/2017 101693 DICK'S SANITATION SERVICE INC. 100.82 WASTE REMOVAL 268948 DT0001972727 6603.6539 Waste Removal/Sanitation Servi Building Repair & Maint. 100.82 194761 11/10/2017 100060 ECM PUBLISHERS INC 89.97 EAGAN PLACE 4TH ADDN 268955 540174 2010.6481 Recording Fees General Engineering 65.44 SCHINDELDECKER 4TH ADDN 268956 540175 2010.6481 Recording Fees General Engineering 61.35 PH - FACILITIES CIP 268949 542128 0401.6359 Legal Notice Publication General & Admn-City Clerk 216.76 194762 11/10/2017 150937 ERICKSON, CATHERINE 137.93 10206-OVRPMNT 1873 DEER HILLS 268950 110117 9220.2250 Escrow Deposits Public Utilities 137.93 194763 11/10/2017 100062 FACTORY MOTOR PARTS CO 123.24 RO 657 UNIT 313 268951 1-5368809 9001.1415 Inventory - Parts General Fund 123.24 194764 11/10/2017 150927 FARAZ, SIDDIQUI 77.13 10206-OVRPMNT 1576 CLEMSON DR 268952 110117 9220.2250 Escrow Deposits Public Utilities 77.13 194765 11/10/2017 100451 FASTENAL COMPANY 35.98 REP[ACEMENT BITS FOR 602 TOOLS 268953 MNTC1206565 6146.6240 Small Tools North Plant Building 35.98 194766 11/10/2017 122976 FIRE SAFETY USA INC. 90.00 FLASHLIGHT 268954 104578 1225.6224 Clothing/Personal Equipment Fire / EMS Equipment 90.00 194767 11/10/2017 110996 FISCHLER & ASSOCIATES PA,GARY L. 575.00 POLICE PSYCH EVALUATION 268957 9113 1001.6319 Medical Services - Other General/Admn-Human Resources 575.00 194768 11/10/2017 143971 FLEETPRIDE 28.78 ANNTENNA 121 268958 88478792 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 32.38 RO 755 UNIT 315 268959 88544090 9001.1415 Inventory - Parts General Fund 61.16 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 6Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194769 11/10/2017 100157 FORCE AMERICA INC Continued... 465.94 PARTS 268975 IN001-1190447 3128.6231 Mobile Equipment Repair Parts Vehicle Maintenance 465.94 194770 11/10/2017 150908 FROEHLICH, ERIC 104.85 CLOTHING ALLOWANCE - FROEHLICH 268976 081617 6101.2115 Clothing Allowance Water -Administration 104.85 194771 11/10/2017 116856 FRONTIER PRECISION INC. 50.00 PINK GLO PAINT, FOLDING RULE 268960 166580 8265.6718 Project - Other Charges P1265 Blue Gentian Blue Water 50.00 PINK GLO PAINT, FOLDING RULE 268960 166580 8264.6718 Project - Other Charges P1264 Royal Oaks 50.00 PINK GLO PAINT, FOLDING RULE 268960 166580 8263.6718 Project - Other Charges P1263 Eagandale Corp Center 2n 50.00 PINK GLO PAINT, FOLDING RULE 268960 166580 8262.6718 Project - Other Charges P1262 Donnywood 50.00 PINK GLO PAINT, FOLDING RULE 268960 166580 8261.6718 Project - Other Charges P1261 Wilderness Run 5th 59.25 PINK GLO PAINT, FOLDING RULE 268960 166580 8260.6718 Project - Other Charges P1260 Evergreen 309.25 194772 11/10/2017 100465 GERTEN GREENHOUSES 107.25 CMF EDGING AND STAKES 268961 21392 /6 3217.6250 Landscape Material & Supplies Landscape Mtn-Non-park sites 9,333.00 C PARK HOLIDAY TREE 268964 21652 /6 2861.6762 Special Features/Furnishings Central Park 61.43 BRIDLERIDGE FRENCH DRAIN 268962 4228 /7 3216.6250 Landscape Material & Supplies Landscape Mtn-Park sites 1,079.96 ECC HOLIDAY TREES 268963 428403/1 3215.6630 Other Improvements Landscape Planting-Non-park 10,581.64 194773 11/10/2017 143013 GLOBAL CLOSING AND TITLE SERVICES 190.53 10206-OVRPMNT 4022 MICA TR 268965 110117 9220.2250 Escrow Deposits Public Utilities 190.53 194774 11/10/2017 146240 GOODYEAR COMMERCIAL TIRE 1,160.50 RO 750 UNIT 321 268966 124-1086014 9001.1415 Inventory - Parts General Fund 1,160.50 194775 11/10/2017 100077 GOPHER ST ONE CALL 1,308.15 LOCATES - UTILITIES 268967 7100329 6234.6356 One Call Service Fee Utility Locates 414.45 LOCATES - FIBER 268967 7100329 4002.6569 Maintenance Contracts Fiber capacity project 1,722.60 194776 11/10/2017 108820 GOPHER STAGE LIGHTING 1,050.00 CLAIM CP36936 268968 #INV12910 9591.6386 Insurance Deductible Risk Management 1,050.00 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 7Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194777 11/10/2017 101884 GRAFIX SHOPPE Continued... 378.00 HELMET ROCKERS/NAMES 268971 117432 1225.6224 Clothing/Personal Equipment Fire / EMS Equipment 2,778.00 CITY LOGO UPDATE 268970 117513 1224.6425 Mobile Equipment Repair Labor Engineer 1,395.00 CITY LOGO UPDATE 268969 117514 1224.6425 Mobile Equipment Repair Labor Engineer 112.00 VEH 148 (NEW) & VEH 121 268973 117677 2240.6231 Mobile Equipment Repair Parts Street Plowing/Sanding 305.00 BANNER & SIGN FOR BUHGET SHOW 268972 117745 0901.6475 Miscellaneous Gen & Admin-Communications 4,968.00 194778 11/10/2017 150649 GREAT HARVEST BREAD 11.00 MARKETFEST 9/27/17 MARKET BUCK 268974 092717-1 3061.6220 PR004 Operating Supplies - General Market Fest 11.00 194779 11/10/2017 111043 H&L MESABI 166.74 CARBIDE REPLACEMENT BLADES 268977 99159 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 166.74 194780 11/10/2017 100083 HACH CO 408.26 SUPPLIES FOR CL2 TESTING 268978 10687618 6149.6220 Operating Supplies - General Water Sampling/Testing 255.16 LAB SUPPLIES 268979 10689574 6149.6220 Operating Supplies - General Water Sampling/Testing 663.42 194781 11/10/2017 100084 HANCO 124.52 UNIT 121 268980 901738 9001.1415 Inventory - Parts General Fund 58.25 RO 661 UNIT 217 268981 901739 9001.1415 Inventory - Parts General Fund 4.80 SKID LOADER VALVE STEMS 268982 908371 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 127.95 WHEEL WEIGHTS 268983 908627 2401.6241 Shop Materials Gen/Adm-Central Services 315.52 194782 11/10/2017 100085 HARDWARE HANK 30.94 PARTS 268985 1724431 3201.6222 Medical/Rescue/Safety Supplies Administrative/General 28.48 PARTS 268984 1724666 3222.6231 Mobile Equipment Repair Parts Equipment Mtn 47.16 FUEL/OIL 268986 1724678 3127.6235 Fuel, Lubricants, Additives Equipment Maintenance/Repair 106.58 194783 11/10/2017 150939 HARTIG, STEVEN 12.68 10206-OVRPMNT 1710 WALNUT CIR 268987 110117 9220.2250 Escrow Deposits Public Utilities 12.68 194784 11/10/2017 100267 HAYES ELECTRIC 850.18 LIGHTING REPAIR PARTS 268989 4216 3106.6233 Building Repair Supplies Structure Care & Maintenance 1,288.00 LIGHTING REPAIR LABOR 268989 4216 3106.6427 Building Operations/Repair-Lab Structure Care & Maintenance 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 8Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194784 11/10/2017 100267 HAYES ELECTRIC Continued... 66.87 FACILITY REPAIR PARTS 268988 4217 3103.6239 Park Facility Repair Parts Site Amenity Maintenance 552.00 FACILITY REPAIR PARTS 268988 4217 3103.6431 Park Facility Repair-Labor Site Amenity Maintenance 2,757.05 194785 11/10/2017 107149 HOEPNER, TROY 119.96 CLOTHING ALLOW-HOEPNER PANTS 268994 101617 6101.2115 Clothing Allowance Water -Administration 119.96 194786 11/10/2017 145242 HOLTZ, DWAYNE 40.00 LICENSE / EXAM FEE REIMBURSEME 268995 10/19/17 6201.6480 Licenses, Permits and Taxes San Sewer-Administration 40.00 194787 11/10/2017 150940 HOME TITLE 219.83 10206-OVRPMNT 4557 CLIFF RIDGE 268990 110117 9220.2250 Escrow Deposits Public Utilities 219.83 194788 11/10/2017 150943 HUSEN, WM KILE 99.00 10206-OVRPMNT 1717 SARTELL AVE 268991 110117 9220.2250 Escrow Deposits Public Utilities 99.00 194789 11/10/2017 149714 HYDROCORP 5,365.00 CROSS CONNECTION CONTROL 268992 0044600-IN 6131.6310 Professional Services-General Water Customer Service 5,365.00 194790 11/10/2017 150942 JENSEN, BRUCE 7.82 10206-OVRPMNT 4283 PINTAIL CT 268993 110117 9220.2250 Escrow Deposits Public Utilities 7.82 194791 11/10/2017 143197 JOHNSON'S BLACKTOP DRIVEWAY 1,550.00 DRIVEWAY REPAIR-1272 EASTER LN 268998 102317-1272 EASTER LANE 6130.6432 Utility System Repair-Labor Curb Stop Inspctn/Maint/Repair 1,640.00 DRIVEWAY REPAIR 268997 102317-4523 SCOTT TRAIL 6130.6432 Utility System Repair-Labor Curb Stop Inspctn/Maint/Repair 1,550.00 DRIVEWAY REPAIR-4658 KINGSBURY 268996 102317-4658 KINGSBURY DR 6130.6432 Utility System Repair-Labor Curb Stop Inspctn/Maint/Repair 4,740.00 194792 11/10/2017 117810 JPS ENTERTAINMENT 250.00 HALLOWEEN DJ 269003 000001 3063.6320 Instructors Seasonal Special Events 250.00 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 9Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194792 11/10/2017 117810 JPS ENTERTAINMENT Continued... 194793 11/10/2017 150946 KAYE, DOUGLAS 23.10 10206-OVRPMNT 4251 VALLEYFORGE 268999 110117 9220.2250 Escrow Deposits Public Utilities 23.10 194794 11/10/2017 150893 KLEIN UNDERGROUND LLC 3,070.35 RESTORATION WORK 269004 75771 6144.6432 Utility System Repair-Labor Hydrant Maintenance/Repair 5,055.90 COLD STORAGE SLAB 269005 75772 6146.6427 Building Operations/Repair-Lab North Plant Building 7,417.10 CATCH BASIN REPAIR 269006 75773 6449.6432 Utility System Repair-Labor Manhole Insp/Mtn/Repair 15,543.35 194795 11/10/2017 146762 KRAFT CONTRACTING & MECHANICAL LLC 36,505.00 NTP HVAC IMPROVEMENTS 269000 10517 6146.6427 Building Operations/Repair-Lab North Plant Building 36,505.00 194796 11/10/2017 150941 KRUSAC, CHARLES 13.10 10206-OVRPMNT 3775 BURGUNDY DR 269001 110117 9220.2250 Escrow Deposits Public Utilities 13.10 194797 11/10/2017 146769 LAND TITLE INC 100.18 10206-OVRPMNT 1950 BERKSHIRE D 269002 110117 9220.2250 Escrow Deposits Public Utilities 100.18 194798 11/10/2017 141510 MADISON NATIONAL LIFE 4,750.38 NOVEMBER 2017 268884 8862-1117 9592.6152 Life Benefit Accrual 4,750.38 194799 11/10/2017 114678 MAGUIRE, MIKE 18.97 OCT MILEAGE - MAYOR MAGUIRE 269012 100917 0101.6353 Personal Auto/Parking Legislative/Policy Development 18.97 194800 11/10/2017 100125 METRO COUNCIL ENVIRONMTL SERV-SAC 2,062.55-OCTOBER 2017 269007 100117 0801.4246 Administrative Fee on SAC Coll General & Admn-Protective Insp 206,255.00 OCTOBER 2017 269007 100117 9220.2275 MCES Sewer Availability Charge Public Utilities 204,192.45 194801 11/10/2017 138083 MIDWEST SAFETY COUNSELORS INC. 162.44 SAFETY SUPPLIES 269008 IVC0052313 2401.6222 Medical/Rescue/Safety Supplies Gen/Adm-Central Services 162.44 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 10Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194802 11/10/2017 100133 MIKES SHOE REPAIR Continued... 189.95 CLOTHING ALLOW N GRIFFIN-SHOES 269013 10242017 6201.2115 Clothing Allowance San Sewer-Administration 189.95 194803 11/10/2017 113004 MIKLYA, THOMAS 13.83 NO DAK CTY BO MTG 11/1/17 269014 110117 0801.6477 Local Meeting Expenses General & Admn-Protective Insp 13.83 194804 11/10/2017 102753 MINNCOR INDUSTRIES 40.00 M MARTIN BC 269009 SOI-063941 1001.6210 Office Supplies General/Admn-Human Resources 40.00 C COUILARD BC 269009 SOI-063941 0901.6210 Office Supplies Gen & Admin-Communications 40.00 T GARRISON BC 269009 SOI-063941 0901.6210 Office Supplies Gen & Admin-Communications 45.00 A PIMENTAL BC 269009 SOI-063941 3001.6210 Office Supplies General/Admn-Recreation 50.00 E PEIFER BC 269009 SOI-063941 1001.6210 Office Supplies General/Admn-Human Resources 215.00 194805 11/10/2017 138393 MINNESOTA DEED 2,625.00 MIF LOAN - CORVIDA 268883 110117 9118.6508 MIF Repayment to State MIF Revolving Loan 2,625.00 194806 11/10/2017 150762 MINNESOTA SODDING COMPANY LLC 2,633.83 GOAT #1 CIP- TOPDRESS/CORE 269010 8617 2822.6757 Seeding Goat Hill Park 2,633.83 194807 11/10/2017 103029 MN FIRE SERVICE CERTIFICATION BOARD 100.00 OFFICE 1 CERT 269011 20171102105043 1223.6320 Instructors Training Fire & EMS 100.00 194808 11/10/2017 145327 MNSPECT LLC 2,609.38 10/23/17-10/27/17 269020 7163 0805.6310 Professional Services-General Construction Insp-Field 2,140.63 10/31/17-11/3/17 269021 7167 0805.6310 Professional Services-General Construction Insp-Field 4,750.01 194809 11/10/2017 100146 MTI DISTR CO 2.18 PARKS MOWER PARTS 269015 1145783-00 9001.1415 Inventory - Parts General Fund 2.18 194810 11/10/2017 146013 NIEBUR TRACTOR AND EQUIPMENT 20.09 EQUIP PARTS 269016 01-105269 3127.6231 Mobile Equipment Repair Parts Equipment Maintenance/Repair 20.09 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 11Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194811 11/10/2017 139057 NORTH AMERICAN CLEANING CORP Continued... 406.00 JANITORIAL SERVICE-OCT 17 269022 115592 3106.6537 Janitorial Service Structure Care & Maintenance 406.00 194812 11/10/2017 100454 NORTHERN AIR CORP 13,576.34 CLAIM CP 36936 269091 141649 9591.6386 Insurance Deductible Risk Management 28,238.79 CLAIM CP 36936 269090 142763 9591.6386 Insurance Deductible Risk Management 41,815.13 194813 11/10/2017 102547 NORTHERN SAFETY TECHNOLOGY 413.40 RO 753 UNIT 1139 269017 44644 9001.1415 Inventory - Parts General Fund 86.80 RO 760 UNIT 119 269019 44692 9001.1415 Inventory - Parts General Fund 3,111.00 STOCK BACK UP ALARMS 269018 44696 9001.1415 Inventory - Parts General Fund 3,611.20 194814 11/10/2017 101667 NORTHWESTERN POWER EQUIP. CO. INC. 5,950.00 HIGHRIDGE PRV 269023 170438DJ 6152.6710 Project - Contract PRS Inspection/Maint/Repair 5,950.00 194815 11/10/2017 108599 OFFICE DEPOT, INC. 120.99 BOXES 269029 973101711001 0820.6210 Office Supplies General/Admn-Housing 5.38 OFFICE SUPPLIES 269028 973857708001 0401.6210 Office Supplies General & Admn-City Clerk 1,790.28 PAPER 269028 973857708001 0501.6210 Office Supplies General & Admn-Finance 40.47 OFFICE SUPPLIES 269027 974294550001 6146.6210 Office Supplies North Plant Building 52.37 OFFICE SUPPLIES 269026 975090408001 2401.6210 Office Supplies Gen/Adm-Central Services 2,009.49 194816 11/10/2017 150933 PAGEL, DAVID 103.83 10206-OVRPMNT 1944 TURQUOISE T 269024 110117 9220.2250 Escrow Deposits Public Utilities 103.83 194817 11/10/2017 150948 PALANIAPPAN, GAVIN 24.00 ACTIVITY REFUND 269030 552113 3001.2250 Escrow Deposits General/Admn-Recreation 24.00 194818 11/10/2017 150930 PARTNERS TITLE 85.74 10206 OVRPMNT 4364 YORKTOWN DR 269025 110117 9220.2250 Escrow Deposits Public Utilities 85.74 194819 11/10/2017 150945 PERKINS, JOAN 82.98 10206-OVRPMNT 4048 HALITE LN 269031 110117 9220.2250 Escrow Deposits Public Utilities 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 12Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194819 11/10/2017 150945 PERKINS, JOAN Continued... 82.98 194820 11/10/2017 100162 PIONEER RIM & WHEEL CO 429.24 WHEELS FOR NEW TIRES 118 269032 1-396788 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 429.24 194821 11/10/2017 144472 PRECISE MRM LLC 225.39 AVL SYSTEMS-MAINT 269033 IN200-1014573 0301.6569 Maintenance Contracts IT-Gen & Admn 225.39 194822 11/10/2017 138259 QUALITY PROPANE INC 524.39 PROPANE TANKS FOR FORKLIFT 269034 I005464 6146.6640 Machinery/Equipment North Plant Building 524.39 194823 11/10/2017 100361 R & R SPECIALTIES INC 56.00 BLADES SHARPENED 269035 0063549-IN 6602.6230 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 56.00 194824 11/10/2017 110070 RDO EQUIPMENT CO. 100.00 CHIPPER BLADE SHARPENING 269036 P28829 3222.6425 Mobile Equipment Repair Labor Equipment Mtn 100.00 194825 11/10/2017 100728 RENT N SAVE 2,516.89 PORTABLE TOILET RENT 269038 50991 3111.6539 Waste Removal/Sanitation Servi Refuse/Waste Control 2,516.89 194826 11/10/2017 121047 RETENTION MANAGEMENT 300.00 RETENTION MANAGEMENT SERVICE 269039 SUP7079725 6807.6569 Maintenance Contracts Fitness Center 300.00 194827 11/10/2017 150944 ROBIDEAU, LILLIAN 13.13 10206-OVRPMNT 951 KETTLE CREEK 269037 110117 9220.2250 Escrow Deposits Public Utilities 13.13 194828 11/10/2017 150934 RUNESTRAND, TIFFANY 124.14 10206-OVRPMNT 2128 CLIFFVIEW D 269040 110117 9220.2250 Escrow Deposits Public Utilities 124.14 194829 11/10/2017 117788 RYAN COMPANIES US INC. 24,500.00 REFUND FIN GUARANTEE 268815 103117 9001.2250.601 Tesseract 2nd fin guarantee General Fund 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 13Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194829 11/10/2017 117788 RYAN COMPANIES US INC.Continued... 24,500.00 194830 11/10/2017 116213 SAFETY SIGNS 850.00 NICOLS RD XWALK PVMT MKGS 269041 174143 9375.6763 Trails Major Street 850.00 194831 11/10/2017 100683 SAMS CLUB GECF 28.18 CLEMENTINES/WATER/COOKIES 269097 000183 1104.6477 Local Meeting Expenses Patrolling/Traffic 22.92 COOKIES/WATER 269085 000648-092817 1101.6477 Local Meeting Expenses General/Admn-Police 34.36 GATORADE/WATER 269086 000649-092817 1104.6220 Operating Supplies - General Patrolling/Traffic 31.92 JUICE 269102 000988-101617 3075.6227 Recreation Equipment/Supplies CDBG - Teens 29.38 STRAWBERRIES/WATER/CANDY 269104 001018 0101.6477 Local Meeting Expenses Legislative/Policy Development 13.34 BANANA'S/COOKIES 269093 001815-100517 1104.6477 Local Meeting Expenses Patrolling/Traffic 35.18 HISTORY PHOTOS 269081 001840 1221.6220 Operating Supplies - General Administration-Fire 28.24 WATER/CHEX MIX/GRANOLA 269094 002797 3078.6227 Recreation Equipment/Supplies Senior Citizens 9.98 COFFEE 269096 002979-101117 1101.6477 Local Meeting Expenses General/Admn-Police 38.97 WELLNESS DAY 269103 003097-101617 1001.6319 Medical Services - Other General/Admn-Human Resources 53.66 WIPPING CREAM/GOGO 269098 003228 3057.6227 Recreation Equipment/Supplies Preschool Programs 131.00 SUPPLIES 269099 005582-101317 3057.6227 Recreation Equipment/Supplies Preschool Programs 395.44 SUPPLIES 269100 005583 3063.6227 Recreation Equipment/Supplies Seasonal Special Events 391.35 COOKIES/CANDY/POP/COFFEE 269087 006618-092917 6806.6855 Merchandise for Resale Concessions 72.90 COOKIES/BROWNIES 269095 006811 6831.6855 Merchandise for Resale Food and Beverage 11.84 SAUSAGE/WATER 269084 007002-092717 3078.2250 Escrow Deposits Senior Citizens 59.88 SUPPLIES 269101 007438-101317 3078.6227 Recreation Equipment/Supplies Senior Citizens 9.98 MOUNTAIN DEW 269088 008058-092917 6629.6855 Merchandise for Resale Vending 15.98 CAKE 269088 008058-092917 6609.6855 Merchandise for Resale Concession Sales/Vending 92.21 SUPPLIES 269082 008676 3027.6227 Recreation Equipment/Supplies Holz Farm 120.72 WATER/PIE 269083 008973 3027.6227 Recreation Equipment/Supplies Holz Farm 531.74 VEGGIE TRAY/CHEESE/MEAT 269089 009598 3078.6227 Recreation Equipment/Supplies Senior Citizens 2,159.17 194832 11/10/2017 150474 SCHWARTZ FARM 2.00 11/4/17 MARKETFEST MARKETBUCKS 269042 110417 3061.6220 PR004 Operating Supplies - General Market Fest 13.00 11/4/17 MARKETFEST SNAP/EBT 269042 110417 3061.6220 PR003 Operating Supplies - General Market Fest 16.00 11/4/17 MARKETFEST MEDICA 269042 110417 3061.6220 PR007 Operating Supplies - General Market Fest 31.00 194833 11/10/2017 149647 SHETLER SI INC 97.88 SECURITY OFFICER 269044 1015978 6847.6535 Other Contractual Services Security 97.88 SECURITY OFFICER 269043 1015979 6847.6535 Other Contractual Services Security 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 14Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194833 11/10/2017 149647 SHETLER SI INC Continued... 195.76 194834 11/10/2017 146625 SHRED-IT USA 542.72 DOCUMENT SHREDDING 269045 8123433530 1101.6310 Professional Services-General General/Admn-Police 542.73 DOCUMENT SHREDDING 269045 8123433530 3001.6457 Machinery & Equipment-Rental General/Admn-Recreation 74.78 DOCUMENT SHREDDING 269045 8123433530 6801.6569 Maintenance Contracts General & Administrative 1,160.23 194835 11/10/2017 150925 SIERRA TRADING POST INC. 80.37 10206-OVRPMNT 1440 CENTRAL PAR 269046 110117 9220.2250 Escrow Deposits Public Utilities 80.37 194836 11/10/2017 150947 SMITH, GENE 23.33 10206-OVRPMNT 4501 CINNAMON RI 269047 110117 9220.2250 Escrow Deposits Public Utilities 23.33 194837 11/10/2017 148036 SPOK INC. 4.58 PAGER 269048 A0318109W 3301.6351 Pager Service Fees General Management 4.58 194838 11/10/2017 135572 SUPERIOR COLLISION AND PAINT INC AND 3,508.19 CLAIM CA38783 269049 29675 9591.6386 Insurance Deductible Risk Management 3,508.19 194839 11/10/2017 127800 SUPERIOR MECHANICAL COLLISION 2,827.88 CLAIM CA39823 269050 29703 9591.6386 Insurance Deductible Risk Management 2,827.88 194840 11/10/2017 150921 TENTH DIVISION,THE 1,053.00 BRINE BLDG TOILET PARTITIONS 269051 992 9355.6718 Project - Other Charges MAINTENANCE FACILITY EXPANSION 1,053.00 194841 11/10/2017 100107 THYSSENKRUPP ELEVATOR 125.00 ELEVATOR 269052 3003531221 6146.6535 Other Contractual Services North Plant Building 125.00 ELEVATOR MAINTENANCE NOV17 269054 3003531389 6603.6569 Maintenance Contracts Building Repair & Maint. 250.00 194842 11/10/2017 146452 TIMM, MELISSA 34.24 M. TIMM MILEAGE REIMBURSEMENT 269092 110617 0401.6353 Personal Auto/Parking General & Admn-City Clerk 34.24 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 15Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194842 11/10/2017 146452 TIMM, MELISSA Continued... 194843 11/10/2017 150932 TITLESMART INC. 20.87 10206-OVRPMNT 3979 MICA TR 269053 110117 9220.2250 Escrow Deposits Public Utilities 20.87 194844 11/10/2017 113124 TOLL GAS & WELDING SUPPLY 22.07 WELDING GAS CYL DEMURRAGE 269055 40073418 2401.6241 Shop Materials Gen/Adm-Central Services 22.07 194845 11/10/2017 138485 TOWMASTER 291.00 UNIT 124 269056 397612 9001.1415 Inventory - Parts General Fund 291.00 194846 11/10/2017 149500 TOYOTA-LIFT OF MINNESOTA 6,622.50 COLD STORAGE PALLET RACKING 269057 S0058832 6146.6640 Machinery/Equipment North Plant Building 2,143.90 COLD STORAGE PIPE RACK 269058 S0058889 6146.6640 Machinery/Equipment North Plant Building 8,766.40 194847 11/10/2017 150923 TRACY, GREG 147.96 CLOTHING ALLOW - TRACY JEANS 269061 101117 6101.2115 Clothing Allowance Water -Administration 147.96 194848 11/10/2017 100232 UHL CO INC 420.00 CMF - SEC MONITORING 269062 53823 0301.6569 Maintenance Contracts IT-Gen & Admn 420.00 NTP SECURITY MONITORING 269059 53824 6146.6569 Maintenance Contracts North Plant Building 420.00 STP SECURITY MONITORING 269060 53825 6154.6569 Maintenance Contracts South Plant Building 1,260.00 194849 11/10/2017 122951 UNITED BUSINESS MAIL INC. 3,000.00 POSTAGE DEPOSIT 208001 269063 110617 9001.1420 Inventory - Postage Machine General Fund 3,000.00 194850 11/10/2017 103040 USABLUEBOOK 205.94 LOCK OUT TAGS & POCKET METER 269064 401312 6146.6230 Repair/Maintenance Supplies-Ge North Plant Building 205.94 194851 11/10/2017 100236 VAN PAPER 45.55 BLDG CLEANING SUPPLIES 269066 439060-01 3106.6223 Building/Cleaning Supplies Structure Care & Maintenance 345.70 PAPER PRODUCTS AND BAGS 269065 442552-00 6603.6223 Building/Cleaning Supplies Building Repair & Maint. 391.25 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 16Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194851 11/10/2017 100236 VAN PAPER Continued... 194852 11/10/2017 100912 VERIZON WIRELESS, BELLEVUE 35.01 AIRCARDS 269067 9795086762 1105.6212 Office Small Equipment Investigation/Crime Prevention 35.01 AIRCARDS 269067 9795086762 1221.6355 Cellular Telephone Service Administration-Fire 35.01 AIRCARDS 269067 9795086762 2010.6355 Cellular Telephone Service General Engineering 35.01 AIRCARDS 269067 9795086762 0301.6355 Cellular Telephone Service IT-Gen & Admn 35.01 AIRCARDS 269067 9795086762 0201.6355 Cellular Telephone Service General & Admn-Admn 35.01 AIRCARDS 269067 9795086762 3001.6355 Cellular Telephone Service General/Admn-Recreation 35.01 AIRCARDS 269067 9795086762 0901.6355 Cellular Telephone Service Gen & Admin-Communications 49.03 AIRCARDS 269067 9795086762 3170.6355 Cellular Telephone Service General AdmIn-Parks 70.02 AIRCARDS 269067 9795086762 0720.6355 Cellular Telephone Service General Admin-Planning & Zonin 70.02 AIRCARDS 269067 9795086762 3057.6220 Operating Supplies - General Preschool Programs 70.02 AIRCARDS 269067 9795086762 3101.6355 Cellular Telephone Service Playground Maintenance 105.03 AIRCARDS 269067 9795086762 3201.6355 Cellular Telephone Service Administrative/General 175.05 AIRCARDS 269067 9795086762 0801.6355 Cellular Telephone Service General & Admn-Protective Insp 411.12 AIRCARDS 269067 9795086762 1221.6230 Repair/Maintenance Supplies-Ge Administration-Fire 472.04 AIRCARDS 269067 9795086762 2201.6355 Cellular Telephone Service Gen/Adm-Streets 1,470.56 AIRCARDS 269067 9795086762 1104.6349 Teleprocessing Equipment Patrolling/Traffic 35.01 AIRCARDS 269067 9795086762 9701.6355 Cellular Telephone Service PEG-eligible 25.02 AIRCARDS 269067 9795086762 6239.6352 Telephone Circuits Lift Station Maintenanc/Repair 35.01 AIRCARDS 269067 9795086762 6136.6355 Cellular Telephone Service GIS - Utilities 35.01 AIRCARDS 269067 9795086762 6147.6355 Cellular Telephone Service North Plant Production 35.01 AIRCARDS 269067 9795086762 6234.6355 Cellular Telephone Service Utility Locates 35.01 AIRCARDS 269067 9795086762 6239.6408 Electricity-Lift Stations Lift Station Maintenanc/Repair 70.02 AIRCARDS 269067 9795086762 6101.6355 Cellular Telephone Service Water -Administration 35.01 AIRCARDS 269067 9795086762 6716.6355 Cellular Telephone Service General Administration 35.01 AIRCARDS 269067 9795086762 6801.6355 Cellular Telephone Service General & Administrative 3,478.07 194853 11/10/2017 114534 VISTAR CORPORATION 311.39 CHIPS/HOT DOGS/MILK 269068 49998990 6806.6855 Merchandise for Resale Concessions 376.10 CHIPS/HOT DOGS/MILK 269068 49998990 6805.6855 Merchandise for Resale Birthday Parties 84.04 GATORADE/HOT DOGS/POPCORN 269069 50064041 6805.6855 Merchandise for Resale Birthday Parties 940.08 GATORADE/HOT DOGS/POPCORN 269069 50064041 6806.6855 Merchandise for Resale Concessions 278.13 CHIPS/COOKIES/POPCORN 269070 50125365 6609.6855 Merchandise for Resale Concession Sales/Vending 84.04 POP/POPCORN/GATORADE/LUNCHABLE 269080 50125366 6805.6855 Merchandise for Resale Birthday Parties 802.34 POP/POPCORN/GATORADE/LUNCHABLE 269080 50125366 6806.6855 Merchandise for Resale Concessions 2,876.12 194854 11/10/2017 143309 VONBANK LAWN CARE 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 17Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 194854 11/10/2017 143309 VONBANK LAWN CARE Continued... 240.00 CONTRACT MOWING 269071 18913 3113.6535 Other Contractual Services Non-Park Turf Maintenance 240.00 194855 11/10/2017 143966 WAARA, RON 15.52 MILEAGE REIMBURSEMENT 269073 102717 0301.6569 Maintenance Contracts IT-Gen & Admn 15.52 194856 11/10/2017 100549 WATSON CO INC, THE 101.30 CONCESSION RESALE-CINNABON 268864 882192 6609.6855 Merchandise for Resale Concession Sales/Vending 101.30 194857 11/10/2017 100459 WEATHER WATCH INC 152.90 WEATHER REPORTS-NOV17 269074 9190 2240.6535 Other Contractual Services Street Plowing/Sanding 152.90 194858 11/10/2017 146686 WILSKE, JOSH 51.47 MILEAGE REIMB 10/3-10/27 269075 102717 0301.6353 Personal Auto/Parking IT-Gen & Admn 51.47 194859 11/10/2017 150931 WOEBKE, MATTHEW 23.94 10206-OVRPMNT 4363 METCALF DR 269072 110117 9220.2250 Escrow Deposits Public Utilities 23.94 194860 11/10/2017 150356 WOLD ARCHITECTS AND ENGINEERS 96,162.27 WOLD ARCHITECT, 65% DD 269076 55686 9353.6720 Project - Architect POLICE & CITY HALL REMODEL 96,162.27 194861 11/10/2017 104542 WSB & ASSOCIATES, INC. 357.50 GIS CONSULTING 269077 R-010269-000 0301.6535 Other Contractual Services IT-Gen & Admn 357.50 194862 11/10/2017 150926 ZIMZ, SAMUEL 12.17 10206-OVRPMNT 2032 VIENNA LN 269078 110117 9220.2250 Escrow Deposits Public Utilities 12.17 20170330 11/10/2017 100693 EAGAN PAYROLL ACCT 598,043.25 PAYROLL ENDING 10/28/17 269112 110217 9001.1115 Claim on Cash General Fund 9,057.69 PAYROLL ENDING 10/28/17 269112 110217 9197.1115 Claim on Cash ETV 66,536.97 PAYROLL ENDING 10/28/17 269112 110217 9220.1115 Claim on Cash Public Utilities 15,673.59 PAYROLL ENDING 10/28/17 269112 110217 9221.1115 Claim on Cash Civic Arena 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 18Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20170330 11/10/2017 100693 EAGAN PAYROLL ACCT Continued... 4,578.98 PAYROLL ENDING 10/28/17 269112 110217 9222.1115 Claim on Cash Cascade Bay 34,704.87 PAYROLL ENDING 10/28/17 269112 110217 9223.1115 Claim on Cash Central Park/Community Center 3,698.90 PAYROLL ENDING 10/28/17 269112 110217 9225.1115 Claim on Cash Fiber Infrastructure Fund 40,517.14 PAYROLL ENDING 10/28/17 269112 110217 9592.6144 FICA Benefit Accrual 85,043.65 PAYROLL ENDING 10/28/17 269112 110217 9592.1115 Claim on Cash Benefit Accrual 857,855.04 20172522 11/10/2017 115374 MN STATE RETIREMENT SYSTEM-HCSP 19,557.10 EMPLOYEE CONTRIBUTIONS 269105 110217 9592.2034 Ded Payable-HCSP Benefit Accrual 19,557.10 20173222 11/10/2017 138969 MN STATE RETIREMENT SYSTEM-MNDCP 11,351.80 EMPLOYEE CONTRIBUTIONS 269106 110217 9592.2032 Ded Pay - Great West Def Comp Benefit Accrual 11,351.80 20174222 11/10/2017 100892 ICMA RETIREMENT TRUST 36,449.32 EMPLOYEE CONTRIBUTIONS 269107 110217 9592.2031 Ded Pay - ICMA Benefit Accrual 36,449.32 20175212 11/10/2017 100283 BERKLEY ADMINISTRATORS 20,000.00 WC ADVANCE 269108 110317 9593.1650 Worker's Comp Advance to DCA Workers' Compensation Self-In 20,000.00 20175662 11/10/2017 147907 SELECT ACCOUNT 3,204.40 FLEX REIMBURSEMENT 269109 110217 9592.2215 Flex Plan Withholding Payable Benefit Accrual 3,204.40 20175664 11/10/2017 147907 SELECT ACCOUNT 6,467.51 FLEX REIMBURSEMENT 269110 110917 9592.2215 Flex Plan Withholding Payable Benefit Accrual 6,467.51 20178022 11/10/2017 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PERIOD 10/15-10/28/17 269111 434600-110317 9592.6146 PERA - DCP Benefit Accrual 37,330.75 PAYROLL PERIOD 10/15-10/28/17 269111 434600-110317 9592.6142 PERA - Coordinated Benefit Accrual 47,946.08 PAYROLL PERIOD 10/15-10/28/17 269111 434600-110317 9592.6143 PERA - Police Benefit Accrual 64,394.24 PAYROLL PERIOD 10/15-10/28/17 269111 434600-110317 9592.2013 Ded Payable - PERA Benefit Accrual 149,748.03 11/9/2017City of Eagan 15:16:23R55CKR2LOGIS101 19Page -Council Check Register by GL Council Check Register by Invoice & Summary 11/10/201711/6/2017 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20170189 11/10/2017 100249 FIT 119,706.75 PAYROLL ENDING 10/28/17 269113 110317 9880.2011 Ded Payable - FIT Payroll 119,706.75 20170190 11/10/2017 100250 COMMISIONER OF REVENUE-PAYROLL 31,657.62 PAYROLL ENDING 10/28/17 269114 110317 9880.2012 Ded Payable - SIT Payroll 31,657.62 20170191 11/10/2017 100252 FICA 29,504.17 PAYROLL ENDING 10/28/17 269115 110317 9880.2014 Ded Payable - FICA Payroll 29,504.17 20170192 11/10/2017 100253 MEDICARE 11,012.97 PAYROLL ENDING 10/28/17 269116 110317 9880.2015 Ded Payable - Medicare Payroll 11,012.97 1,897,663.91 Grand Total Payment Instrument Totals Checks 1,897,663.91 Total Payments 1,897,663.91 11/9/2017City of Eagan 15:16:28R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/10/201711/6/2017 - Company Amount 692,806.2209001GENERAL FUND 4,994.6809116CEDAR GROVE PARKING GARAGE 2,625.0009118MIF REVOLVING LOAN 9,092.7009197ETV 394,004.9309220PUBLIC UTILITIES 17,341.0809221CIVIC ARENA 4,613.9909222CASCADE BAY 38,372.6609223CENTRAL PARK /COMMUNITY CENTER 4,113.3509225FIBER INFRASTRUCTURE FUND 12,116.8309328PARK SYS DEV AND R&R 96,162.2709353POLICE & CITY HALL REMODEL 1,053.0009355MAINTENANCE FACILITY EXPANSION 309.2509372REVOLVING SAF-CONSTRUCTION 850.0009375MAJOR STREET 50,237.1109591RISK MANAGEMENT 357,089.3309592BENEFIT ACCRUAL 20,000.0009593WORKERS' COMPENSATION SELF-INS 191,881.5109880PAYROLL Report Totals 1,897,663.91 Agenda Information Memo November 21, 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: Contract with Let’s Play! Music Together for preschool music classes Agreement with Health Partners for employee dental insurance coverage Agreement with the Minnesota State Arts Board for a FY 2018 Community Arts Education Grant Attachments: (0) The contracts are available from the City Clerk’s Office. Agenda Information Memo November 21, 2017, Eagan City Council Meeting CONSENT AGENDA E. APPROVE a Joint Powers Agreement between Dakota County and the Cities of Eagan, Apple Valley, Burnsville, and Lakeville (DBA Dakota Valley Recycling) for 2018 Waste Abatement Community Funding Action To Be Considered: To approve a Joint Powers Agreement between Dakota County and the Cities of Eagan, Apple Valley, Burnsville, and Lakeville (DBA Dakota Valley Recycling) for 2018 Waste Abatement Community Funding Facts: Dakota County has funds available annually to help constituent cities promote and operate landfill abatement and recycling programs. The cities of Eagan, Burnsville, Apple Valley, and Lakeville have combined their recycling efforts. The partnership is Dakota Valley Recycling (DVR). One application (attached) for all four cities has been submitted by DVR and approved by the County outlining how DVR will allocate funds in the coming year. The four communities that encompass DVR are asked to approve the attached Joint Powers Agreement, which is signed annually, stating the cooperative arrangement between DVR, the cities, and Dakota County. Attachments: (2) E-1 2018 Joint Powers Agreement E-2 2018 Approved Funding Application to Dakota County Dakota County Contract #C0029660 Page | 1 of 11 Joint Powers Agreement JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITIES OF APPLE VALLEY, BURNSVILLE, EAGAN, AND LAKEVILLE DBA DAKOTA VALLEY RECYCLING FOR 2018 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between the County of Dakota (County) and the Cities of Apple Valley, Burnsville, Eagan, and Lakeville dba Dakota Valley Recycling (Municipality). WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the County and the Municipality are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, counties may require local cities and townships to develop and implement programs, practices, or methods designed to meet waste abatement goals (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS; by Resolution 12-154 (March 27, 2012), the Master Plan was adopted by the County Board of Commissioners, and was subsequently approved by the Minnesota Pollution Control Agency on May 24, 2012; and WHEREAS, the Master Plan includes multiple strategies to enhance and leverage resources to help the County meet waste management objectives; and WHEREAS, the Master Plan supports performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, community funding and waste tire activity amounts are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, by Board Resolution 17-490, the County Board approved municipality 2018 community funding allocations as presented to the Physical Development Committee of the Whole on September 19, 2017, contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2018 Department budget; and WHEREAS, the Program responsibilities for municipality include ensuring recycling best practices are followed at public facilities; increasing residential waste reuse and recycling through materials collection; implementing recycling at large events; providing education and outreach to residents; increasing organics recycling; and supporting County-led efforts for Master Plan implementation; and WHEREAS, County responsibilities include providing technical assistance, container labels, and waste educational messages and images; maintaining waste management information on the County website; hosting Master Recycler/Composter classes; and providing best practices strategies and resources for waste diversion measurement, events/festivals, and the food waste prevention and organics diversion priority issue; and Dakota County Contract #C0029660 Page | 2 of 11 Joint Powers Agreement WHEREAS, separate Joint Powers Agreements with municipalities, or entities acting on their behalf, identify municipality and County responsibilities and fund allocations. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and Municipality shall derive from this Agreement, the County and Municipality hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to provide for cooperation and funding between the County and the Municipality for the implementation and operation of a local comprehensive landfill abatement program by the Municipality in accordance with this Joint Powers Agreement and the 2018 Dakota County Community Funding Application Packet (attached and incorporated herein as Exhibit 1) that is submitted by the Municipality. SECTION 2 PARTIES The parties to this Agreement are the County of Dakota (County), Minnesota and the Cities of Apple Valley, Burnsville, Eagan, and Lakeville dba Dakota Valley Recycling (Municipality), collectively referred to as the “Parties”. SECTION 3 TERM Notwithstanding the dates of the signatures of the Parties, this Agreement shall be in effect January 1, 2018, and shall continue in effect until December 31, 2018, or until termination in accordance with the provisions herein. This Agreement may be amended in accordance with Section 12 and incorporation of subsequent years’ approved funding Application Packet. SECTION 4 COOPERATION The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 PROGRAM 5.1 PROGRAM PURPOSE. The Dakota County Board of Commissioners adopted the 2012-2030 Solid Waste Master Plan (Master Plan) on March 27, 2012, as required, to implement the Minnesota Pollution Control Agency’s (MPCA) 2010-2030 Metropolitan Solid Waste Management Policy Plan. The Master Plan identifies performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach. The Community Funding Program purpose includes: ensure that residents, businesses and public entities have the opportunity to recycle; and to develop, implement, and maintain projects, programs, practices, and methods to meet waste abatement objectives. The Community Funding Program supports the County’s efforts for broad-based education and implementation of local programs and projects for waste reduction, reuse, recycling, hazardous waste management, and organics diversion. 5.2 ELIGIBILITY. Eligible Municipalities include all cities in Dakota County and the Rural Solid Waste Commission (RSWC) representing the 13 townships and six small cities in rural Dakota County. Dakota County Contract #C0029660 Page | 3 of 11 Joint Powers Agreement 5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, each Municipality shall submit an Application Packet that includes the annual Work Plan and budget breakdown for each funding activity to the County by the due date specified in writing by the County and on forms provided by County staff. 5.4 IMPLEM ENTATION. The Municipality shall develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110 and Exhibit 1. 5.5 RECYCLING. Municipalities must ensure the opportunity to recycle exists for all municipal employees, residents and businesses, including at municipality-controlled public areas such as parks, community centers, and city-sponsored events/festivals; must develop and implement programs to increase residential recycling and organics diversion; and must continue planning to implement community-wide organics diversion. 5.6 PRIORITY ISSUE PROGRAM. County staff, with input from Municipalities, develops a Priority Issue Program to accomplish during the multi-year Master Plan reporting cycle. The 2017-2020 Priority Issue is organics diversion. The 2018 Priority Issue focus is on residential food waste prevention education, implementing organics diversion from 2016-2017 planning results including (if applicable) implementation of organics diversion within municipally-owned/operated buildings, and continued progression for organics best practices and diversion at public facilities and events. The Priority Issue is subject to change pending Legislation or County strategic planning. 5.7 PERFORMANCE. Municipalities shall report their performance on a bimonthly basis pursuant to responsibilities set forth in Exhibit 1, using reporting tools provided by the County and providing documentation including vendor invoices for W ork Plan expenses covered by Program funding. County staff will notify the Municipality in writing if a Recycling Improvement Plan is needed. Within 30 days of notification, the Municipality shall submit a Recycling Improvement Plan signed by the Municipality’s authorized representative. The Recycling Improvement Plan must be negotiated with County staff and specify Municipality activities and a timeframe to achieve compliance. 5.8 ANNUAL REPORT. By January 31, 2019, the Municipality shall submit its Annual Report for the year 2018, on the form prescribed by County staff. The Annual Report must be signed by the authorized representative for this JPA. 5.9 AUDIT. County staff may audit one or more buildings operated by the Municipality through a waste sort or other means of waste assessment. This data will be used by the Municipality and County to gauge how successful the waste management program is, which will influence the Work Plan. SECTION 6 FUNDING 6.1 FUNDING AMOUNT. Communities receive performance-based funding in part from pass-through grants from the State. Funding amounts are contingent upon available State and County funds, and reflect the funding levels presented to the County Board as part of the annual budget. The 2018 allocated funding for the Municipality, or entity acting on its behalf, shall be in the total amount not to exceed $247,416.00, as set forth in Exhibit 1. Dakota County Contract #C0029660 Page | 4 of 11 Joint Powers Agreement 6.2 FUNDING PAYMENT. Contingent upon approval by County staff of the Municipality’s Annual Report for the funding year 2017, the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2018. Payment will be made in one installment within 30 days of approval of the Annual Report. Municipalities with a complete Application Packet and an approved Annual Report receive 100% payment of allocated funds for eligible expenses. 6.3 ELIGIBLE EXPENSES. Municipalities may use allocated funds only on eligible items as described below. Eligible expenses are for waste abatement projects/programs; education and outreach and priority issue activities; identified in Exhibit 1 and include: 6.3.1 Administration a) Salary and benefits of personnel, full-time and temporary, and consultant services while working directly on the planning, implementing, and promoting of eligible activities described in the Work Plan. b) Attending Local Solid Waste Staff meetings. c) Collecting data and preparing reports demonstrating Work Plan progress and measurements. d) Memberships and training necessary for eligible activities, not including out-of-state travel or lodging. e) Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill abatement activities. 6.3.2 Municipal Facility Recycling a) Containers necessary to implement best practices at municipality-controlled administrative buildings and public areas, including parks and community centers. b) Education materials for municipal employees and visitors, such as signs, trainings and mass communication. 6.3.3 Waste Abatement Activities a) Advertising to promote city-sponsored activities to accept recyclable or reusable materials from residents. b) Collection and management of paper to be shredded and recycled. c) Collection and management of mattresses, bicycles, and carpet for reuse or recycling. d) Collection and hauling services related to traditional recycling at municipality-sponsored or community events/festivals conducted in partnership with the Municipality to implement best management practices. e) Design and implementation of projects and programs to enhance residential, park and public area recycling. 6.3.4 Residential Outreach and Education a) Production and dissemination of education information to increase awareness and participation in residential recycling programs. b) Newsletter layout services for education on residential recycling and household hazardous waste. c) County-approved landfill abatement promotional items up to $500. 6.3.5 Priority Issue: Organics Diversion a) Production and dissemination of education information to increase awareness and participation in residential organics programs. b) Collection, hauling services and compostable bags necessary to implement organics diversion at community events/festivals conducted in partnership with the Municipality. c) Containers and compostable bags necessary to implement organics diversion in the municipality- owned/operated building recommended for organics diversion in the 2017 waste sort report. d) Compostable bags that are needed to support organics collection at a municipality-sponsored or community event/festival. Dakota County Contract #C0029660 Page | 5 of 11 Joint Powers Agreement e) Planning future organics diversion in one or more municipality-owned buildings that are the largest organics generators (e.g., community centers). 6.3.6 Solid Waste Master Plan a) Supporting County-led efforts to implement the Master Plan. b) Implementing one or more city priority projects to support Master Plan priorities as identified in the Work Plan. 6.3.7 Non-eligible expenses include: a) Expenses related to non-waste abatement waste issues (e.g., energy, water) b) Waste collection, transportation or management (i.e., reuse, recycle, resource recovery, land disposal) of waste under the municipality’s control. c) Food or refreshments, unless approved by County staff as compliant with Dakota County Policy 1560. d) Payment for collection and management of items that are banned from the landfill (e.g. appliances, hazardous waste, electronics, yard waste).Other expenses may be eligible with prior written approval from County staff. e) Costs exceeding $500 in the funding year for promotional items used to implement waste abatement programs. 6.4 FUNDING PAYMENT AND WORK PLAN ADJUSTMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve modifications to the Funding Amount as requested by the Municipality in the Application Packet, as long as the amount payable under this Agreement does not exceed the amount approved by the Dakota County Board of Commissioners and so long as the proposed modifications are consistent with Exhibit 1. The Municipality must expend the community fund by the end of the calendar year, unless prior written approval is received from the Director. Municipalities must return unspent funds (the difference between the amount of funds provided and the amount a Municipality reports as expended), must return funds if expenditures or activities are determined by County staff as not consistent with Exhibit 1, and must return funds if County staff determines performance has not been remedied as identified in the Recycling Improvement Plan pursuant to Section 5.7. If the Municipality fails to fulfill responsibilities, the County may choose to implement activities in the municipality and may recover costs in accordance with Dakota County Solid Waste Ordinance 110. The Director shall have the authority to approve modifications to the Work Plan as requested by the Municipality, as long as the Work Plan modifications do not cause the amount payable under this Agreement to exceed the amount approved by the County Board and are consistent with Exhibit 1. Only Work Plan modifications approved by the Director are an eligible expense. Approved Work Plan modifications to reduce or eliminate activities requires the return of related unspent funds. 6.5 FUNDING PAYMENT DEDICATED ACCOUNT. Municipalities must deposit and maintain funds in a dedicated bank account. Program funds are prohibited from being commingled with any other funds or used for non-approved activities. SECTION 7 RESPONSIBILITIES OF THE PARTIES The Municipality shall fulfill the following responsibilities under this Agreement and as described in Exhibit 1. Use County-developed resources for all required residential education; submit all outreach materials to County staff at least three business days before publication for review; and provide funding source credit on all print materials: Partially funded by the Minnesota Pollution Control Agency and Dakota County" Dakota County Contract #C0029660 Page | 6 of 11 Joint Powers Agreement SECTION 8 PROPERTY Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by the County and provided to the Municipality shall be the sole property of the Municipality. SECTION 9 INDEMNIFICATION 9.1 IN GENERAL. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. 9.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the Municipality 9.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this Agreement. SECTION 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES: The following named persons are designated the Authorized Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. TO THE COUNTY Georg T. Fischer, Director Environmental Resources Department Director Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE MUNICIPALITY Sue Bast 13713 Frontier Court Burnsville, MN 55337 In addition, notification to the County regarding termination under Section 11 of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 10.2 LIAISONS. To assist the Parties in the day-to-day performance of this Agreement, to ensure compliance, and provide ongoing consultation, a liaison shall be designated by the County and the Municipality. The County and the Municipality shall keep each other continually informed, 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 Liaison: Gena Gerard Telephone: (952) 891-7021 Email: gena.gerard@co.dakota.mn.us Dakota County Contract #C0029660 Page | 7 of 11 Joint Powers Agreement Municipality Liaison: Sue Bast Telephone: (952) 895-4524 Email: Sue.Bast@ci.burnsville.mn.us SECTION 11 TERMINATION 11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 11.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Municipality by email or facsimile is sufficient notice under this section. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 12 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties’ respective Boards, and signed by the Authorized Representatives of the County and the Municipality. SECTION 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. SECTION 14 MERGER This Agreement is the final expression of the Agreement of the Parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. SECTION 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. Dakota County Contract #C0029660 Page | 8 of 11 Joint Powers Agreement IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA COUNTY _ _ Georg T. Fischer, Director Environmental Resources Department Date of Signature: _ _ CITY OF BURNSVILLE _ _ APPROVED AS TO FORM: /s/Helen R. Brosnahan 11/2/17 Assistant Dakota County Attorney/Date KS-17-422-009 Resolution Number: 17-490 Elizabeth B. Kautz, Mayor Date of Signature: _ _________________________________ Heather A. Johnston, City Manager Date of Signature: __________________ Dakota County Contract #C0029660 Page | 9 of 11 Joint Powers Agreement CITY OF APPLE VALLEY _________________________________ Mary Hamann-Roland, Mayor Date of Signature: ________________ Attest ____________________________ _____________________________(title) Date of Signature: __________________ Dakota County Contract #C0029660 Page | 10 of 11 Joint Powers Agreement CITY OF EAGAN _________________________________ Mike Maguire, Mayor Date of Signature: ________________ Attest ____________________________ _____________________________(title) Date of Signature: __________________ Dakota County Contract #C0029660 Page | 11 of 11 Joint Powers Agreement CITY OF LAKEVILLE _________________________________ Douglas P. Anderson, Mayor Date of Signature: ________________ Attest ____________________________ _____________________________(title) Date of Signature: __________________ Dakota County Contract #C0029660 Exhibit 1 - Page 1 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 2 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 3 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 4 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 5 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 6 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 7 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 8 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 9 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 10 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 11 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 12 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 13 of 14 Dakota County Contract #C0029660 Exhibit 1 - Page 14 of 14 Agenda Information Memo November 21, 2017 Eagan City Council Meeting CONSENT AGENDA F. Accept Comcast Late Fee Adjustment Action To Be Considered: Accept a 50 cent hike in the late fee Comcast charges delinquent accounts, raising the late fee from $9.50 to $10.00, as long as long as the proposed adjustment is in compliance with the terms of the Eagan cable franchise. Facts: A legacy provision in Eagan’s 1999 cable franchise with Comcast required City concurrence on adjustments to late fees when subscribers fail to pay their bills on time. Late is defined as 48 days from the posting of the bill and every 30 days thereafter. Because of previous FCC rulings, the City of Eagan has not had rate authority over cable services in quite some time. While in some other communities Comcast can raise fees on its own, under the terms of the extended (old) franchise with Comcast (until a new one is in place), Eagan has been asked and has historically provided its assent for a late fee increase to cover costs. Permission was previously granted in 2013, 2010 and 2007 for an adjustment to the late fee. Comcast states that customers who pay on time should not have to subsidize those customers who pay late or do not pay at all. A staff review of documentation provided by Comcast indicates the company could have had a basis for putting forth an even larger increase in the late fee than the one they end up proposing. On advice of counsel, staff does not find justification for withholding the City’s concurrence to the late fee adjustment. Attachments: (1) F-1 Comcast Administrative Late Fee Restructuring Letter, Oct. 23 2017. Comcast Cable 10 River Park Plaza St Paul, MN 55107 COMCAST October 23, 2017 Mr. Tom Garrison Director of Communications City of Eagan 3830 Pilot Knob Road Eagan, MN 5 5122 RE: Administrative Late Fee Restructuring Dear Tom: I am writing to notify you that Comcast is restructuring the late fee from $9.50 to $10.00, effective January 1, 2018. Comcast has completed a current cost study that concluded that the cost incurred to Comcast by customers that do not pay bill by the due date now far exceeds $10.00. We strongly believe that customers who pay bills on time should not have to subsidize the fees associated with customers who do not pay on time. Customers will be provided a 30 day notice of this change in the December 2017 bill cycle. Should you have any questions or concerns on this matter, please do not hesitate to contact me at 651-493-5501. Sincerely, Ronald A. Orlando Vice President, External Affairs Comcast- Twin Cities Region Agenda Information Memo November 21, 2017, Eagan City Council Meeting CONSENT AGENDA G. APPROVE Contract and Agreement between the cities of Eagan and Burnsville with AVI for Design/Consulting Services and for Shared HD Mobile Production Truck Action To Be Considered: Approve Contract and Agreement between the cities of Eagan and Burnsville with AVI for Design/Consulting Services and for Shared HD Mobile Production Truck in a final form acceptable to the City Attorney, and authorize Mayor and City Clerk to sign. Facts: For over two decades the City of Eagan has shared a mobile production truck with the City of Burnsville. On September 5, 2017, the City Council authorized going out for RFP for a new mobile production studio truck. Both cities interviewed two finalists and AVI was selected to provide the necessary design expertise to work with staff to develop the technical specifications for the new truck and preliminary cost estimates for the production of the truck (similar to the “engineer’s estimate” we use prior to road projects. AVI’s bid of $15,998 was lower and the fit to the two organizations’ needs deemed closer by the joint interview team. Before any actual equipment is purchased or bid, staff will return to the City Council for authorization, consistent with the forecast in the CIP budgets and as paid for by Public/Educational/Governmental (PEG) funding remitted by cable providers. This is for design services and cost estimating only. Attachments: (2) CG-1 Burnsville-Eagan Agreement with AVI CG-2 RSA Burnsville Eagan Design AGREEMENT AGREEMENT made this- 10th day of November, 2017, between the CITIES OF BURNSVILLE AND EAGAN, both Minnesota municipal corporations ("Cities"), and AVI Systems, Inc., a corporation organized and existing under the laws of the State of Minnesota ("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. System Design/Consulting Services Proposal dated November 3, 2017. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "B" having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITIES. The Cities shall pay the Contractor a sum not to exceed $20,000.00. 4. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Agreement without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. before 5. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or 6. PAYMENT. a. Contractor agrees to invoice each of the Cities independently for their portion (50 percent) of contract amount. b. The Cities will pay the Contractor not later than thirty (30) days upon being invoiced for services delivered. C. No final payment shall be made under this Contract until Contractor has satisfactorily established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. 7. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the Cities for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (1'/2 %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 8. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 9. WORKER'S COMPENSATION. If Contractor does public work, the Contractor shall obtain and maintain for the duration of this Agreement, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 10. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the contract, with the City included as an additional name insured: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate, products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3) years after final payment and Contractor shall continue to provide evidence of such coverage to City on an annual basis during the aforementioned period; or if any reason Contractor's work ceases before final payment, for a minimum period of three (3) years from the date Contractor ceases work. FA Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non -owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence The coverages specified above may be satisfied by a combination of insurance policies, including umbrella policies. If requested, evidence of coverage meeting the requirements shall be provided to the City for review prior to the time of contract signing. 11. DATA PRACTICES/RECORDS. A. All data created, collected, received, maintained, or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify the Cities. The Cities will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant's officers', agents', cities', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. B. All books, records, documents, and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Agreement are subject to examination by the City. 12. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 13. INDEMNITY. The Contractor agrees to indemnify and hold the Cities harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the Cities for any cost of reasonable attorney's fees it may incur as a result of any such claims. 14. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Agreement by either party, whether of the same or any other covenant, condition, or obligation. 15. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Agreement. 16. SEVERABILITY. If any provision, term, or condition of this Agreement is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Agreement, unless such invalid or unenforceable provision, term, or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties' entire agreement. 17. ENTIRE AGREEMENT. This Agreement represents the entire agreement of the parties and is a final, complete, and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. CITJOBURNSVILLE By: Its Director of AVAnistrative Services CITY OF EAGAN By. Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk S AVI Systems (Contractor Name) By; 94� 4Ad,#Y- 44� yS�� Brian van der Hagen V Its: Area Vice President Area Vice President Retail Sales Agreement ,qq4q 10" AVI Systems Inc., 9675 West 76th Street, Suite 200 Eden Prairie, MN, 55344 1 Phone: (952)949-3700, Fax: (952)949-6000 Proposal Number: 831360 Proposal Date: November 03, 2017 Prepared For: Burnsville, City of Design/Consulting Services, Cost Estimates for New HD Attn: Marty Doll Mobile Production Truck Prepared By: Renea Dalton Phone: (952)949-6040 Email: renea.daltonOavisystems.com BILL TO SITE Attn: Marty Doll Attn: Marty Doll Burnsville, City of Burnsville, City of 100 Civic Center Parkway Finance Department 100 Civic Center Parkway Finance Department Burnsville, MN, 55337-3817 Burnsville, MN, 55337-3817 Phone: (952)895-4494 Phone: (952)895-4402 Email:Marty.Doll(&burnsvillemn.gov Email: Marty.DollCcn:?burnsvillemn.cov Customer Number:11759 COMMENTS: Also bill to City of Eagan, Attn: Tom Garrison - 50150 split between Burnsville and Eagan PRODUCTS AND SERVICES SUMMARY Equipment $0.00 Integration $15,997.13 PRO Support $0.00 Shipping & Handling $0.00 Tax $0.00 Grand Total $15,997.13 Unless otherwise specified. The prices quoted reflect a discount for a cash payment (i.e., check, wire transfer) made by Customer in full within the time stated for payment on each invoice. Discount only applies to new items included on the invoice, and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge. The prices are valid for 30 days and may be locked in by signing this Retail Sales Agreement. Overdue balances are subject to a finance charge of 1.5% per month, or interest at the highest rate permitted by applicable law. In the event AVI must pursue collection of unpaid invoices, Customer agrees to pay all of AVI's costs of collection, including its attorneys' fees. INVOICING AND PAYMENT TERMS Customer and AVI have agreed on the payment method of CASH. Payment must be remitted by stated method. To the extent Customer seeks to use of any payment methods other than stated, and that payment method results in an increased transaction cost to AVI, the new payment must be approved in writing, and the Customer shall be responsible for paying the increased transaction cost to AVI associated with the change in payment method. Payments shall be made 30 days from invoice date. So long as the invoice has been sent and the Customer's payment is made within the terms work will continue. AVI uses progress billing, and invoices for equipment and services allocated to the contract on a monthly basis. Unless otherwise specified, all items quoted (goods and services) as well as applicable out of pocket expenses (permits, licenses, shipping, etc.) are invoiced in summary (including applicable sales taxes due for each category of invoiced items). Customer is to make payments to the following "Remit to" address: AVI Systems NW8393 PO Box 1450 Minneapolis, MN 55485-8393 If Payment Method is ACH: Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an automated clearinghouse with electronic remittance detail, in accordance with the payment instructions AVI Systems provides on its invoice to Customer. A monthly summary of detailed equipment received is available upon request. Equipment received may be different than equipment billed based on agreed billing method. TAXES AND DELIVERY Unless stated otherwise in the "Products and Services Summary" above, AVI will add and include all applicable taxes, permit fees, license fees, and delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s) and/or service(s) are provided. Unless Customer provides a valid tax exemption certificate for any tax exemption(s) claimed, AVI shall invoice for and collect all applicable taxes in accordance with state law(s), and Customer will be responsible for seeking a tax credit/refund from the applicable taxing authority. AGREEMENT TO QUOTE AND DOCUMENTS CONSTITUTING YOUR CONTRACT WITH AVI Customer hereby accepts the above quote for goods and/or services from AVI. When duly executed and returned to AVI, AVI's Credit Department will check Customer's credit and approve the terms. After approval by AVI's Credit Department and signature by AVI, this Retail Sales Agreement will, together with the AVI General Terms & Conditions (which can be found at www.avisystems.com/AVITermsofSale.pdf) form a binding agreement between Customer and AVI. (This Retail Sales Agreement and the AVI General Terms & Conditions of Sale (the "T&Cs") are referred to collectively as the "Agreement"). If not defined in this Agreement, all capitalized terms shall have the meaning given to them in the T&Cs. Should AVI's Credit Department determine at any point prior to AVI commencing work that Customer's credit is not adequate, or should it otherwise disapprove of the commercial terms, AVI reserves the right to terminate the Agreement without cause and without penalty to AVI. AGREED AND ACCEPTED BY AVI Systems, Inc. City of Eagan City of Burnsvilleompany Mike Maguire, Its: Mayor Dana Hardie, Its: Director of Admin Services Christina M. Scipioni, Its: Clerk It -1: 1 ae Printed Name Printed on November 3, 2017 Page 2 of 2 831360 SERVICES TO BE PROVIDED SCOPE OF WORK A. SUMMARY: Scope of Work AVI Systems will consult with Cities of Burnsville and Eagan to design a HD Mobile Production Truck. The following deliverables are included with the quoted cost- [] Research and Collaboration; Necessary research and development hours, including meetings with staff, manufacturers and others ❑ Facility & Operational Review; Necessary research and development hours, including meetings with staff, manufacturers and others ❑ Functional Plan and Line Drawings; Necessary research and development hours, including meetings with staff, manufacturers and others to create a functional plan and line drawings is included ❑ Preliminary Budget; Necessary research and development hours, including meetings with staff, manufacturers and others to provide a preliminary budget for a turn -key production vehicle is included ❑ Scope of Work/Bid Documents; A detailed scope of work including specific tasks and functions that must be performed by integrators, manufacturers, etc. who receive the bid. AVI Systems will development bid documents, the City's will conduct the bidding process independently. ❑ Proposed duration for this SOW is roughly 8-12 weeks. This varies with duration of decision making process and ease of scheduling meetings. Process to be followed for the design and deliverables: ■ Contract signed ■ Kick off Meeting onsite with review of current Truck ■ Concept Development & Preliminary Scope of Work ■ Review ■ Update and Refine Scope of Work/Define Truck Requirements ■ Build Bill of Materials/Demo's ■ Design Drawings and Bid Package Deliverables ❑Pricing will vary with the amount of Central Emerging time is required; Paul Mueller specifically. Not to exceed pricing is noted at $20,000.00. Hours billed will be communicated to both City's during the process preventing an overage on the quoted price of $15,997.13 noted in this contract. C. EXCLUSIONS: The following work is not included in our Scope of Work: • All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Concrete saw cutting and/or core drilling • Fire wall, ceiling, roof and floor penetration • Necessary gypsum board replacement and/or repair • Necessary ceiling tile or T -bar modifications, replacements and/or repair • Structural support of equipment *AVI Systems not responsible for building related vibrations • Installation of ceiling mounted projection screen • All millwork (moldings, trim, cut outs, etc.) • Patching and Painting • Permits (unless specifically provided for and identified within the contract) • Unless otherwise stated the pricing in this agreement does not include prevailing wage or union labor • Unless specifically noted lifts and scaffolding are not included E. NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS: • Customer communication of readiness will be considered accurate and executable by AVI Systems project manager. • In the event of any arrival to site that AVI Systems is not able to execute work and definable progress, the Customer will be charged a $250.00 Mobilization Fee to offset the lost time due to the lack of readiness. The Mobilization Fee will be presented as a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of the integration effort is agreed upon. • Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause scheduling delays of up -to 10 business days. • There is ready access to the building / facility and the room(s) for equipment and materials. Printed on November 3, 2017 Page 2 of 2 831360 • There is secure storage for equipment during a multi -day integration. • If Customer furnished equipment and existing cabling is to be used, AVI Systems assumes that these items are in good working condition at this time and will integrate into the designed solution. Any repair, replacement and/or configuration of these items that may be necessary will be made at an additional cost. • All Network configurations including IP addresses are to be provided, operational and functional before AVI Systems integration begins. AVI Systems will not be responsible for testing the LAN connections. • Cable or Satellite drops must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work caused by late arrival of these items will result in a change order for time and materials. • Document review / feedback on drawings / correspondence will be completed by the Customer within two business days (unless otherwise noted). • The documented Change Control process will be used to the maximum extent possible —the Customer will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders (see Appendix). • In developing a comprehensive proposal for equipment and integration services AVI Systems' Sales Representatives and Engineering teams must make some assumptions regarding the physical construction of your facility, the availability of technical infrastructure and site conditions for installation. If any of the conditions we have indicated in the site survey form are incorrect or have changed for your particular project or project site, please let your Sales representative know as soon as possible. Conditions of the site found during integration effort which are different from those documented may have an effect on the price of the system solution, integration or services. To ensure that you have an accurate proposal based on your facility and specific to the conditions of your project, please review all project documentation carefully. ENGINEERING SERVICES TO BE PROVIDED AVI Systems will work with the Customer and any related design professionals selected (architects, engineers, etc.) to provide initial and ongoing audiovisual systems design and engineering support for this project. AVI Systems strongly encourages the fostering of a truly open, cooperative "design team" approach with team members bringing unique, valuable insight from their special perspective to the team. The goal of these services is as follows: • Understand clearly the current and future AV needs of the Customer. • Provide accurate construction documents for implementation of the AV related infrastructure. • Provide an overall AV plan that will allow for the procurement of appropriate AV equipment and installation, complete with system diagrams, ensuring correct integration of the equipment. • Compile the data gathered during the engineering process into an Integration Agreement for a turnkey installation of all AV systems, with the added value of a seamless integration process. The Design Process can be modified at any time per the direction of the Customer — otherwise it shall follow this general outline: AV Program Review / Verification — The AVI Systems design team will obtain from the Customer operational specifications desired of the audio and video systems within the designated facility. Additional facility information will be required including the building's electrical, structural infrastructure, as well as the physical sizes of each room or space. Using compatible AutoCAD drawings, the integration of desired AV systems within available spaces will be visualized. During this initial design phase various equipment options, with an eye toward future expandability while maintaining current value, will be suggested. Budget Verification — The AVI Systems design team will create a project scope compiled from the information received from the Customer. AVI Systems will generate cost estimates for the various systems as outlined above and compare these budget estimates to any initial AV budgets. This process will reaffirm the exact direction that engineering resources should target in the next phase. Initial Design — During this phase, AVI Systems will begin applying the above -defined systems in detail to the various areas of the Customer facility. Further communications between the Customer and the other design team members, as various options are explored will be necessary at this time. Typical deliverables from this phase would include the following drawings and/or documents. • Preliminary AV Floor Plan and Elevations detailing locations of all AV devices • Preliminary Projection Geometry detailing projection/screen locations with viewing angles, mounting details, and etc. • Preliminary AV Technical Power, Conduit Plans, and Riser Drawings • Preliminary AV Video Flow • Preliminary AV Audio Flow • Preliminary AV Control Flow • Preliminary AV Rack Layouts • Preliminary Equipment Lists Printed on November 3, 2017 Page 2 of 2 831360 • Preliminary Budget Estimates Submittal of the above for the various rooms will be a progressive process, with most critical drawings being submitted first, allowing construction details to be available on an as needed basis. During this process, modifications to the preliminary plans due a variety of considerations - architectural/aesthetic considerations, budget reviews etc. Electronic exchange of AutoCAD drawings between all the "team members" will facilitate quick exchange of updates. Specific design "freeze dates" will be established with all parties to facilitate timely submittals and help manage Customer's end cost. All changes are to be reviewed and approved by all parties. Final Systems Design — The changes made in the previous phase to the preliminary designs will be updated and regenerated as "final" construction documents. AVI Systems will typically work off of background drawings from an architect under contract to the Customer, entering AV specific data and returning these back to the architect (or other Customer retained design professional) for integration into final construction documents. Project Specifications Document — The final audiovisual systems designs will be compiled into a written project technical specifications document with equipment lists and any pricing not already included in the quote for a complete integration. This document will include the following system diagrams and documents. • AV Floor Plan and Elevations detailing locations of AV devices • AV Video Flow • AV Audio Flow • AV Control Flow • Equipment lists as specified • System infrastructure requirements including cable and termination specifications • System operational and post operational requirements • Project Scope of Work • Project costs • Project Integration Agreement PRODUCTS AND SERVICES DETAIL PRODUCTS: Mfg Description Qty Price Extended Design & Consulting Engineering & Drawings Sub -Total: install Total: $15,997.13 515.997.13 Printed on November 3, 2017 Page 2 of 2 831360 Agenda Information Memo November 21, 2017, Eagan City Council Meeting CONSENT AGENDA H. Approve a Temporary On-Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School on February 10, 2018 at 3355 Columbia Drive. Action To Be Considered: To approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School’s Gala for Giving on February 10, 2018 at 3355 Columbia Drive. Facts: Faithful Shepherd Catholic School has requested a temporary on-sale liquor license be issued to them for their Gala for Giving event on February 10, 2018. The event will be held in the Faithful Shepherd Catholic School building, located at 3355 Columbia Drive. The event is a fundraiser for the school. Faithful Shepherd Catholic School has requested that the $150.00 license fee be waived. The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety – Alcohol and Gambling Enforcement Division for final approval. Attachments: (0) Agenda Information Memo November 21, 2017, Eagan City Council Meeting CONSENT AGENDA I. APPROVE final change order #5 for project 16-05 Fire Station One. Action To Be Considered: Approve final change order 5 for project 16-05 Fire Station One. Facts: At the March 15, 2016 City Council Meeting a contract was awarded to Terra General Contractors for project 16-05 for of Fire Station One at 4200 Blackhawk Road. Since the construction started there have been several changes to the contract needed to continue with the project. Attached is Change Order 5 which is the final change order and project closeout. The cost of these changes will be taken out of the project contingency fund. Attachments: CI-1 Summary of items in Change Order 5 Sol111-AIA Change Order Document G701rN - 2017 PROJECT: (Nance and address) Eagan Fire Station #I Diffley Road and Blackhawk Road Eagan, MN 55123 OWNER: (Name and address) City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Contract For: General Construction Change Order Number: 005 Date: March 15, 2016 Date: October 30, 2017 ARCHITECT: (Name and address) CONTRACTOR: (Nance and address) CNH Architects, Inc. Terra General Contractors, LLC 7300 West 147th Street, Suite 504 21025 Commerce Blvd., Suite 1000 App ealley, MN-nT2 Rogers, MN55374 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description ofthe change and, ifapplicable, attach or reference specffic exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) PR#42 CR#76 Landscaping at patio. $764.00 PR043 CR#78 Concrete pavement striping. $714.00 CR#75 Install RPZ for irrigation. $2,495.00 CR472 Paint bottom of bollards. $275.00 CR471 Rekey Elevator Equipment room. $0.00 CR#69 Move blind in Briefing Nook. $854.00 CR#77 Add metal/paint under stairs. $616.00 CR#79 Paint upgrade on east CMU walls. $1,347.00 PR#44 CR980 Restrooms 107/111 concrete floor protectant. $1,295.00 CR#73 Remove extra gas in Laundry room. $0.00 CR#74 Add to outdoor gas line. $838.00 CR#81 Insulate condensate drain pipe. $1,329.00 TOTAL: $10,527.00 The original Contract Sum was $ 4,595,840.00 The net change by previously authorized Change Orders $ 226,564.16 The Contract Sum prior to this Change Order was $ 4,822,404.16 The Contract Sum will be increased by this Change Order iri the amount of $ 10,527.00 The new Contract Sum including this Change Order will be $ 4,832,931.16 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be February 15, 2017 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive AIA Document G701'" -2017. Copyright ®1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:13:36 on 11/02/2017 under Order No. 1193091077 which expires on 01/16/2018, and is not for resale. User Notes: (369ADA1 D) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. CNH Architects, Inc. ARC CT Fi • G Houle) 80NATURE Quinn Hutson, Principal PRINTED NAME AND TITLE 11/2/17 DATE Terra General Contractors, LLC CON; R (Firm name) SIGN U f \ s.Sen ))) Wk�'T� PRINTED NAME AND TITLE ll/fl�2�l"1 DATE City of Eup.an OWNER (Firm nave) SIGNATURE PRINTED NAME AND TITLE DATE AIA Document G701- — 2017. Copyright ®1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:13:36 on 11/02/2017 under Order No. 1193091077 which expires on 01/16/2018, and is not for resale. User Notes: (369ADA7 D) Agenda Information Memo November 21, 2017 Eagan City Council Meeting CONSENT AGENDA J. Project 1280, MnDOT Noise Wall Interstate 35E, TH 77 Entrance Ramp to Cliff Road Exit Ramp Action To Be Considered: Approve a resolution of support for the construction of a noise wall by the Minnesota Department of Transportation (MnDOT) along the east side of Interstate 35-E, between Cedar Avenue Freeway (TH 77) and Cliff Road (CSAH 32). Facts: In 1995, the Minnesota Legislature passed Statute 161.125 - Sound Abatement Along Highways. The legislation required a noise abatement study and noise abatement measures within or along the perimeter of freeways and expressways in incorporated areas contingent on the availability of funding. The study was required to include a survey of all applicable noise standards and feasible noise abatement measures, and an evaluation of their ability to protect citizens. As a result of this legislation, MnDOT completed a Metro Noise Study, as well as subsequent updates, that identify the highest impacted areas that potentially offer the most cost effective opportunities for future noise mitigation improvements. The areas are accordingly ranked and prioritized. About $1.5 million have been allocated annually for the past 20 years to construct noise walls to provide mitigation for the designated areas through MnDOT’s Metro Highway Noise Abatement Program. Three noise walls have been constructed in Eagan through this program. On September 14, 2017, a public presentation of the proposed sound wall location was provided by MnDOT staff at an Open House. The meeting was a follow up to information and voting ballots mailed to adjacent residents along this stretch of I-35E to gauge interest in a noise wall in this location. The voting results indicated 75% of the eligible voters are in support of the wall. Only one residence voted against the wall. Information regarding the design and location of the proposed noise wall were presented at the meeting, attended by residents representing about a dozen properties. MnDOT standard procedure is to review the design and location of the proposed noise walls with affected communities during the design process. If a local community prefers that noise walls not be placed in a particular area, MnDOT will accommodate such requests. MnDOT is also open to considering including additional noise wall construction in the adjacent area at the City’s request and at 100% financing by the City. On November 14, the City Council received an update regarding this proposed noised wall, including potential cost responsibilities, materials, and neighborhood involvement. After receiving responses to their questions from MnDOT and City staff, the City Council concurred that this item should be considered for a formal resolution of support at th e November 21 regular meeting. In accordance with the program requirements, and consistent with past City contributions, the City would be responsible for 10% of the financial participation in the construction of a wall (90% MnDOT). Per past practice, the City’s cost would be the responsibility of the Major Street Fund. MnDOT requests a resolution of support from the City to continue their study for this improvement. If the Council continues to be supportive of the proposed noise wall, it would also be appropriate to incorporate these improvements in the 5-year CIP (2019–2023). MNDOT has indicated that construction could be scheduled for 2021. Attachments (2) CJ-1 Resolution CJ-2 Noise Wall Process Progression CITY OF EAGAN RESOLUTION NO _________ APPROVING A RESOLUTION OF SUPPORT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION – NOISE WALL WHEREAS, the State of Minnesota, acting through its Com missioner of Transportation (MnDOT) and in accordance with Statute 161.125 - Sound Abatement Along Highways, proposes to study, design, and construct a noise wall improvement along the east side of Interstate 35E, between Cedar Avenue Freeway (TH 77) and Cliff Road (CSAH 32) within the corporate City of Eagan (City) limits, tentatively scheduled in the year 2021; and WHEREAS, the City supports the continued study and design of this noise wall improvement, and have agreed to consider the City's participation in the costs of the noise wall construction and associated construction engineerin g in future City Capital Improvement programming. THEREFORE, BE IT RESOLVED, the City of Eagan provide this resolution of support for the construction of a noise wall along the east side of Interstate 35E, between Cedar Avenue Freeway (TH 77) and Cliff Road (CSAH 32) within the corporate City of Eagan (City) limits. Approved this 21st day of November, 2017. CITY OF EAGAN CITY COUNCIL By:_________________________________ Mayor Attest:______________________________ City Clerk CERTIFICATION I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 21st day of November, 2017, as disclosed by the records of said City on file and of record in the office. Christina M. Scipioni City Clerk Noise Wall Process Progression MnDOT Metro Noise Study identifies the highest impacted areas with most cost effective opportunities for future noise mitigation. The areas are accordingly ranked and prioritized. MnDOT approaches City looking for a level of commitment before proceeding with any pre-design efforts. City Council approves resolution of support. City incorporates improvements into the 5-year Capital Improvement Program. MnDOT presentation representing the proposed noise wall location and wall material details for City Council approval. MnDOT prepares Cooperative Construction Agreement for City Council approval. MnDOT awards contract for the construction of noise wall. Agenda Information Memo November 21, 2017 Eagan City Council Meeting CONSENT AGENDA K. South Area Joint Powers Agreement - Roadway Striping Action To Be Considered: Approve the final payment as part of the South Area Joint Powers Agreement – Roadway Striping to AAA Striping Service Co and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: The South Area Joint Powers Agreement – Roadway Striping provided for the installation of long-line striping and pavement message markings on a variety of city streets. This work is performed annually to enhance the pavement markings on City streets. The work has been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment. Attachments (0) Agenda Information Memo November 21, 2017 Eagan City Council Meeting CONSENT AGENDA L. Contract 17-05, 2017 Water Quality & Storm Sewer Improvements Action To Be Considered: Approve the final payment for Contract 17-05 (2017 Water Quality and Storm Sewer Improvements) in the amount of $95,912.27 to BKJ Land Company and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: Contract 17-05 provided for sediment removal and infrastructure maintenance within two wetlands (Ponds JP-19 and JP-30.6), as identified and approved in the City’s 5-Year CIP (2017-2021). This work fulfills the City’s obligations to maintain its stormwater drainage system in accordance with its Municipal Separate Storm Sewer System (MS4) Permit administered by the Minnesota Pollution Control Agency. The work supports surface water quality within Eagan lakes and ponds. The Contract 17-05 work has been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment. Attachments (0) Agenda Information Memo November 21, 2017 Eagan City Council Meeting CONSENT AGENDA M. Contract 17-22, Fitz Lake Alum Treatment Action To Be Considered: Approve the final payment for Contract 17-22 (Fitz Lake Alum Treatment) in the amount of $66,308.00 to HAB Aquatic Solutions, LLC and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: Contract 17-22 provided for all labor, materials, equipment, and associated services for a surface application of aluminum sulfate and sodium aluminate buffer to Fitz Lake to control phosphorus released from sediment during certain conditions within the lake. This work is integral to the City’s plan to improve Fitz Lake, which the MN Pollution Control Agency (MPCA) listed as impaired for aquatic recreation in 2014—under Section 303(d) of the Clean Water Act—due to excessive phosphorus. The Contract 17-22 work has been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment. Attachments (0) Agenda Information Memo November 21, 2017 Eagan City Council Meeting CONSENT AGENDA N. Dakota County Aquatic Invasive Species Grant Agreement Action To Be Considered: Approve an Aquatic Invasive Species Grant Agreement with Dakota County to control an aquatic invasive species (AIS) in Holz Lake and to conduct AIS prevention activities and related public education/outreach in southeast Eagan, and authorize the Mayor and City Clerk to execute all related documents. Facts: Dakota County administers a grant program with funds available to local government units and organizations to implement projects that help to prevent the spread of aquatic invasive species (AIS). Flowering Rush (Butomus ubellatus) is an AIS that is currently known to exist in only two sites in Dakota County, one of which is Holz Lake. Holz Lake is a prominent natural resource in southeast Eagan that provides public fishing and aesthetic recreation opportunities at Holz Farm Park. Flowering Rush used to be sold as an ornamental plant, but it can aggressively spread and crowd out other native species, greatly impacting natural habitat and biodiversity. It is difficult to eradicate, requiring careful and tedious hand -digging to prevent its spread by leaf and root fragments. Experimental herbicide applications have been shown to control Flowering Rush, but they haven’t been entirely effective. Although Flowering Rush is an AIS, any removal projects require a DNR permit. In addition to stormwater runoff from shoreland neighborhood properties, Holz Lake receives upstream drainage from Fitz Lake and drains water to Hay Lake (South Oaks Park), which drains to Schwanz Lake (Trapp Farm Park) through the storm sewer system. The agreement with Dakota County provides for a contractor to remove Flowering Rush in Holz Lake by hand-digging and applying supplemental herbicide, and to inspect and treat downstream water resources for additional infestations in southeast Eagan. The agreement also supports AIS prevention activities and related public education and outreach efforts. The Agreement was prepared by Dakota County and has been reviewed by the City Attorney’s office and Public Works staff and found to be in order for favorable Council action. Attachments: (2) CN-1 Location Map CN-2 Aquatic Invasive Species Grant Agreement No. C0029668 Ho lz Lake an d Surroun di n g W at e rbo di es City o f E agan GIS Leg en d Sma ll Su bBa sin s Lak es St o rm Bas in Wetlan ds Se ctio ns N umb er s Ae ria l Stre et Na mes Sept embe r 2 8, 2017 Map Po wer ed b y DataLink fro m WSB & Ass ociates 1 in = 1,505 f t ± Dakota County Contract C0029668 AQUATIC INVASIVE SPECIES AID GRANT AGREEMENT This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and the City of Eagan (City). RECITALS WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement; WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive Species Prevention Aid; WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs to manage and prevent the growth of aquatic invasive species with local units of government, soil and water conservation districts, watershed districts, or lake associations, in the county; WHEREAS, the City has proposed mechanical and chemical removal of flowering rush from Holz Lake shoreline, local public education and outreach, and inspections of nearby waterbodies for flowering rush to prevent new infestations (Services); WHEREAS, the City agrees to perform all Services/Project described in this Agreement to the satisfaction of the County; NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the City agree as follows: AGREEMENT 1. Parties: The parties to this Agreement are the County and the City, collectively referred to as the "Parties". 2. Effective Date and Term: Notwithstanding the dates of signatures of the Parties to this Agreement, the effective date of this Agreement is from January 1, 2018 through December 31, 2018, or until completion by the Parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. 3. Purpose: The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to the City for Aquatic Invasive Species prevention activities. 4. City Obligations: A. The City shall provide the following services (Services), described as removal of flowering rush from Holz Lake shoreline, local public education and outreach, and inspections for nearby flowering rush to prevent new infestations, and more specifically in accordance with Dakota County's Aquatic Invasive Species Plan and Dakota County's Aquatic Species Grant Program, attached hereto and incorporated by reference herein as Exhibits A and B, and the City's Proposal, attached hereto and incorporated by reference herein as Exhibit C. If there are any inconsistencies between this Agreement and Exhibits A or B, the priority of documents shall be as follows: 1) this Agreement; 2) Dakota County Contract C0029668 the County's Aquatic invasive Species Plan (Exhibit A); 3) the County's Aquatic Invasive Species Grant Program (Exhibit B); 4) the City's Proposal (Exhibit C). B. Publicity: The City shall acknowledge funding provided by the County in any promotional materials, signage, reports, publications, notices, or presentations related to activities conducted under this Agreement. This section shall survive the expiration or termination of this Agreement. 5. Reimbursement: The City may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement. No reimbursements will be made for any expenditures incurred prior to the effective date of this Agreement. The County will reimburse the City within 45 calendar days of the City's submission of invoices to the County. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by December 15, 2018. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic Invasive Species Plan, attached hereto and incorporated by reference to this Agreement as Exhibit A, that the City has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. All requests for reimbursement shall be made to: Dakota County Environmental Resources Department Attn: Michael Behan 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: 952-891-7539 Email: michael.behan(W-co.dakota.mn.us The City understands and agrees that payments by the County to the City under this Agreement are dependent upon payments to the County from the State, through the Department of Revenue. The Parties agree that payment to the County from the State is a condition precedent of this Agreement and if payment from the State is not obtained or continued or is decreased by any amount the County may reduce or terminate this Agreement by giving the City 30 days' notice. If the Agreement is terminated due to lack of funding from the State, the City shall only be entitled to the actual cost of Services rendered up to the date of termination. If payment from the State to the County is decreased, the Parties may negotiate a decrease in the amount of Services provided in the Agreement. The City agrees that the County's decision not to terminate shall be sufficient consideration for any modification of the Agreement. S. Authorized Representatives: The following named persons are designated as the Authorized Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only the authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. Dakota County Contract C0029668 The County's Authorized Representative is: The City's Authorized Representative is: Georg Fischer or successor, Director Eric Macbeth, Water Resources Manager Environmental Resources Department Public Works Department 14955 Galaxie Avenue 3501 Coachman Point Apple Valley MN 55124 Eagan MN 55122 Telephone: 952-891-7554 Telephone: 651-675-5330 Email: georg.fischer(a-co.dakota.mn.us Email: emacbeth(c)-cityofeagan.com In addition, notification to the County or the City regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. The Parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated liaison under this Agreement, without necessitating an amendment of this Agreement. 7. indemnification and Insurance: 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 judgments or separate liability caps from the individual parties. In order to insure a unified defense against any third -party liability claims arising from work of the Project, the City agrees to require all contractors or subcontractors hired to do any work on the Project to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the terms of the Project. Each Party warrants that they are able to comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 8. Government Data Practices: All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy, including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it applies. The City agrees to abide by these statutes, rules and regulations and as the same may be amended from time to time. 9. Assignment, Amendments, Waiver and Complete Agreement: A. Assignment: The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. 1. Use of Contractors. The City may engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: Dakota County Contract C0029668 (1) The contractor must maintain all records and provide all reporting as required by this Agreement. (2) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (3) The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached and Incorporated as Exhibit E, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. (4) The contractor must be an independent contractor for the purposes of completing the contracted work. (5) The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (6) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. B. Amendments: Any amendment to this Agreement must be in writing and executed by the County and the City. C. Waiver: If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. D. Agreement Complete: This Agreement and exhibits contain all negotiations and agreements between the County and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 10. Audit: The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The City shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all of such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 11. Relationship of the Parties: Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 12. Governing Law, Jurisdiction and Venue: Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its breach must be with the appropriate state court with competent jurisdiction in Dakota County. 13. Nondiscrimination: The City agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the City agrees not to discriminate against any employee, applicant Dakota County Contract C0029668 for employment, or participant in this Agreement because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. 14. Compliance with the Law: The City agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The City is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 15. Default and Remedies: A. Events of Default: The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. B. Notice of Event of Default and Opportunity to Cure: Upon the County's giving the City written notice of an event of default, the City shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the City is using its best efforts to cure and is making reasonable progress in curing such events of default (the "Cure Period"). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take and the schedule required to cure the event of default. C. Remedies: Upon the City's failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: 1. The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. 2. The County may enforce any additional remedies it may have in law or equity. 3. The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days' written notice to the City. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. For purposes of termination and default, all days are calendar days. 16. Non -Appropriation: Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least at the level relied on for the funding of this Agreement, and the non -appropriation of funds did not result from any act or bad faith on the part of the County. 17. Ownership of Materials and Intellectual Property Rights: A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the materials conceived or created by the City, or its employees or sub -grantees, and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, Dakota County Contract C0029668 electronically, magnetically or digitally recorded material, and other work in whatever form (Materials) to the City. B. The City represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. Notwithstanding anything in this Agreement to the contrary, the City shall indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Authority would otherwise possess. 18. Firearms Prohibited: Unless specifically required by the terms of this Agreement, no provider of services pursuant to this Agreement, including but not limited to employees, agents or subcontractors of the City shall carry or possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of this Agreement at the sole discretion of the County. 19. Compliance with DNR requirements: A. Prior to conducting authorized watercraft inspections at water accesses, the City must be a local government unit and execute a Delegation Agreement with the Minnesota Department of Natural Resources (DNR). B. The City must obtain a permit from the DNR prior to conducting invasive aquatic plant management activities. 20. Severability: Every section, provision or part of this Agreement is declared severable from every other section, provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. 21. Survival of Terms: The following clauses survive the expiration or termination of this Agreement: 4.13. Publicity; 7. Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and Venue. [Signatures on following page] Dakota County Contract C0029668 IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: Georg Fischer, Director Environmental Resources Department Date of signature: Approved as to form: /s/Helen R. Brosnahan 11/9/17 Assistant County Attorney Date Attorney File No. KS -17-216-008 FOR THE CITY (We represent and warrant that we are authorized by law to execute this contract and legally bind the City.) By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk Date Date Dakota County Aquatic Invasive Species Plan 2017-2020 �'F. A.- �^ Dakota County Contract C0029668 Exhibit A - Page 2 of 28 Contents Aquatic Invasive Species (AIS) Advisory Committee...................................................................................... i Acronyms....................................................................................................................................................... i Introduction..................................................................................................................................................1 DakotaCounty Profile...............................................................................................................................3 What are Aquatic Invasive Species...........................................................................................................3 Pathwaysof Introduction and Spread......................................................................................................4 Lawsand Regulations................................................................................................................................4 AIS Best Management Practices............................................................................................................... 5 ReportingAIS............................................................................................................................................ 6 Local AIS Prevention Aid Program............................................................................................................ 7 PlanPurpose and Program History...............................................................................................................9 AdaptiveManagement............................................................................................................................. 9 AISProgram Development........................................................................................................................9 Inventoryand Assessment..........................................................................................................................13 AISInfestations in Minnesota.................................................................................................................13 Current AIS Research in Minnesota........................................................................................................13 AIS Infestations in Dakota County..........................................................................................................15 Coordinating AIS efforts in Dakota County.............................................................................................17 ImplementationPlan..................................................................................................................................18 Prevention...............................................................................................................................................18 WatercraftInspections.......................................................................................................................18 Lake Service Provider Certification.....................................................................................................19 Alternative Pathways Assessment......................................................................................................19 EarlyDetection........................................................................................................................................19 Monitoringand Assessments.............................................................................................................. 20 LakeByllesby Assessments................................................................................................................. 21 Volunteer Monitoring Network..........................................................................................................21 RapidResponse.......................................................................................................................................21 RapidResponse Contingency Fund.....................................................................................................22 RapidResponse Plan...........................................................................................................................22 Outreachand Education......................................................................................................................... 22 OutreachMaterials................................................................................................... .......23 ................... YouthOutreach Programs................................................................................................ .23 .................. Wetland Health Evaluation Program..................................................................................................23 GrantProgram................................................................................................... ..24 ................................... Appendix..................................................................................................................................................... 25 Photos of AIS found in Dakota County in 2016 (clockwise from top right): MN DNR (zebra mussels), Kayla Horan (rusty crayfish —Vermillion River), MN ON (curlyieaf pondweed), MN DNR (flowering rush), Blue Water Science (Eurasian watermilfoi I —Schulze Lake), MAISRC (common carp) Dakota County Contract C0029668 Exhibit A - Page 3 of 28 Aquatic Invasive Species (AIS) Advisory Committee Michael Rutten — Dakota County Water Resources, AIS Program Lead Brad Becker — Dakota County Water Resources Michael Behan — Dakota County Water Resources Paula Liepold — Vermillion River Watershed Joint Powers Organization Terry Vikla — Dakota County Operations Management — Parks Lindsey Albright — Dakota County Soil and Water Conservation District Acronyms AIS—Aquatic Invasive Species Committee — Dakota County AIS Advisory Committee DCSWCD — Dakota County Soil and Water Conservation District Extension — University of Minnesota — Extension LGU — Local Government Unit MN DNR — Minnesota Department of Natural Resources VRWJPO —Vermillion River Watershed Joint Powers Organization WMO —Watershed Management Organization Dakota County Aquatic invasive Species Plan: 2017-2020 Adopted bythe Dakota County Board of Commissioners on 4/18/2017 Plan prepared for the Dakota County Environmental Resources Department by the Dakota County Soil and Water Conservation District DAKOTA COUNTY SOIL & WATER CONSERVATION DISTRICT i I Page Dakota County Contract C0029668 Exhibit A - Page 4 of 28 Introduction Since the early 2000s, the introduction and spread of aquatic invasive species (AIS) has occurred at an alarming rate throughout Minnesota and continues to be a growing concern across the state. Residents in Dakota County are not immune to these concerns. The county is bisected by the Vermillion River (Figure 1), many lakes and wetlands pocket suburban neighborhoods, and three major rivers define all or portions of the County's northern, eastern, and southern borders (the Minnesota, Mississippi, and Cannon Rivers, respectively). The introduction of these non-native species (fish, plant, and invertebrate), unhindered by natural predators or disease, can cause quick, permanent, and detrimental alterations to a stream or lake ecosystem. As a result, these changes can have a negative impact on the recreational suitability of the stream or lake, which in turn, can impact the economic viability of the local community. AIS have already been detected in numerous Dakota County lakes, as well as the Vermillion (including its tributaries), Cannon, and Mississippi Rivers. There are also a number of invasive species, not currently found in Minnesota, that have the potential to negatively impact the health of waters in Dakota County as well. The Dakota County Aquatic Invasive Species Plan serves as a guide for the use of funding provided annually to Dakota County through the Minnesota Department of Natural Resources' (MN DNR) Local AIS Prevention Aid program. The plan outlines the strategies utilized by Dakota County to help prevent the continued spread of AIS within the county and greater Minnesota. Through this program, Dakota County aims to support existing monitoring and implementation efforts by local government units (LGUs) and non-profit organizations (as well as conduct monitoring on waterbodies not currently monitored by LGUs), to assess AIS suitability within the County parks system (particularly Lake Byllesby), and to promote County -wide outreach efforts. The AIS program is overseen by the Dakota County Environmental Resources Department. In 2015, the Dakota County AIS Advisory Committee (Committee) was formed to provide ongoing management, oversight, and implementation of programs supported by AIS Prevention Aid funding. The Committee consists of Dakota County and Dakota County Soil and Water Conservation District (DCSWCD) staff members, with additional input from a broad range of stakeholders. The Dakota County AIS Advisory Committee works closely with local, state and federal governments, as well as nonprofit and private organizations operating in Dakota County, to develop and implement AIS prevention programs. Organizations and interested citizens assist the AIS Advisory Committee to better prioritize resources and develop workable strategies to prevent the spread of AIS into local waters. The Dakota County AIS Plan involves continued engagement with stakeholders by developing and coordinating outreach tools, providing training opportunities, and implementing strategies that adhere to the best management practices for increasing AIS awareness, monitoring, and management. 1 1 P a g e Dakota County Contract C0029668 Exhibit A - Page 5 of 28 anu iv ui L1115 pian Figure 1. Dakota County Aquatic invasive Species Infested Waters 2 1 P a g e Dakota County Contract C0029668 Exhibit A - Page 6 of 28 Dakota County Profile Dakota County is 587 square miles in area and has a population of approximately 400,000. Situated in the southeast corner of the Twin Cities Metropolitan area, Dakota County is the third most populous county in the state of Minnesota. Founded in 1849, Dakota County was one of the original nine counties created by the Minnesota Territory Legislature, thus, it was established before Minnesota was considered a state. The County seat was first established in Kaposia in 1853, was moved to Mendota in 1854, and then moved again to Hastings in 1857, where it currently resides. Mendota, directly across the river from Fort Snelling, became the first European settlement in Minnesota. Dakota County features a land use ratio of approximately 1/3 urban, 1/3 suburban, and 1/3 rural. The confluence of two major rivers (the Mississippi and Minnesota) that form the county's northern and eastern borders further compliments Dakota County's unique geography. The County's development and history have been greatly influenced by its proximity to these rivers. Between 1990 and 2000, Dakota County's population grew by nearly 30 percent. Development has continued to move outwards from the urban core of Minneapolis and St. Paul into suburban municipalities (Burnsville, Eagan, Inver Grove Heights, Apple Valley, Farmington, Lakeville and Rosemount), which has resulted in the dramatic increase in population in recent years. What are Aquatic Invasive Species According to the MN DNR, AIS are aquatic organisms that are non-native to Minnesota and cause harm to both the economic prosperity and natural resources of a given community or waterbody, as well as have potentially negative impacts on human health. Not all non-native species become 'invasive'. Some species fail to thrive in their new environment and naturally die off without harming the ecosystem. Others survive, but are unable to outcompete the native species, thus they ultimately coexist without destroying or displacing the native species. Commonly found invasive aquatic plant species in Dakota County include curly -leaf pondweed, Eurasian water milfoil, and purple loosestrife. Although less common, aquatic invasive invertebrates such as zebra mussels, rusty crayfish, and Chinese mystery snail are also present within the County. The introduction and subsequent spread of AIS typically results in habitat alteration, ecosystem degradation, and a loss of bio -diversity due to intensified competition for resources. AIS typically have few natural predators, are able to reproduce rapidly, and are more aggressive than native species (which ultimately diminishes the success of native species). Along with negatively affecting aquatic wildlife, AIS have the potential to impede recreational opportunities and disrupt industrial, municipal, and agricultural uses of public waters. AIS infestations often span geographic and jurisdictional boundaries; thus, it is critical to coordinate management and prevention strategies across watershed and jurisdictional boundaries to slow the spread of AIS. 3 1 P a g e Dakota County Contract C0029668 Exhibit A - Page 7 of 28 Pathways of Introduction and Spread The means and routes by which species are introduced into new environments are called 'pathways' or 'vectors'. Some species that become invasive are intentionally brought to an area for various uses, but escape from captivity or are carelessly released into the environment. Other invasives are unintentionally imported, arriving through livestock and produce, by transport equipment such as packing material or in a ship's ballast water, or attached to an engine or boat trailer when moving between waterbodies. Other pathways by which AIS can be introduced to an ecosystem include: • Docks and lifts (moved from an infested waterbody to an uninfected waterbody) • Water recreational equipment (i.e. water trampolines, rafts) and vehicles (i.e. tubes or jet skis) • Waterfowl hunters/angler gear (i.e. waders and boots) • Water gardens or shoreline restorations Bait buckets Wildlife Although several attempts have made to eradicate AIS from an infested waterbody, it is typically impractical to fully remove a population once it has been established. Working to prevent the introduction and spread of invasive species is the most effective way of protecting healthy, non -infested ecosystems. Laws and Regulations Current Minnesota state prohibits the transportation of most aquatic plants. This law will not only help prevent the spread of Eurasian watermilfoil and other aquatic plants, but it will also reduce the risk of zebra mussels or other invasive animal species being transported while attached to aquatic plants. In addition, it will reduce the inadvertent transport of other harmful plants into or within the state. Understate law, it is unlawful to: • Transport aquatic plants, except as allowed in statutes ® Transport zebra mussels and other prohibited species of animals • Place or attempt to place into waters of the state a boat, seaplane, or trailer that has aquatic plants, zebra mussels, or other prohibited invasive species attached Certain invasive species that can threaten natural resources and their use have been designated as prohibited invasive species in Minnesota. According to the MN DNR, it is a misdemeanor to possess, import, purchase, transport, or introduce these species except when under aep rmit for disposal, control, research, or educational purposes. Some of the prohibited invasive species found in Dakota County include Eurasian watermilfoil, curly -leaf pondweed, and purple loosestrife. Other invasive species are considered regulated invasive species. It is legal to possess, sell, buy, and transport regulated invasive species, but they may not be released or planted in public waters. Both the 41 Page Dakota County Contract C0029668 Exhibit A - Page 8 of 28 rusty crayfish and the common carp are examples of regulated invasive species found in Dakota County, whereas other regulated species not currently found in Dakota County (as of 2017) include water hyacinth and spiny waterflea. A complete list of prohibited, regulated, and unregulated invasive species (both aquatic and terrestrial), as well as information regarding the transport of water and regulated activities in infested waters, can be found at www.dnr.state.mn.us/invasives/laws.htm . As of July 1, 2012, a boat lift, dock, swim raft, or associated equipment that has been removed from any waterbody may not be placed in another waterbody until a minimum of 21 days have passed by. Regulations relating to the transportation of water in boats and other water -related equipment by boaters from all waters in the state include: • A person leaving waters of the state must drain all water from water -related equipment, including bait containers, live wells, and bilges. They must also remove the drain plug before transporting the watercraft and equipment from the water access or riparian property • Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting watercraft and water - related equipment • Emergency response vehicles and equipment may be transported on a public road with the drain plug or other similar device replaced only after all water has been drained from the equipment upon leaving the waterbody • The following are exempt: o Portable bait containers used by licensed aquatic farms o Portable bait containers used when fishing through the ice, except on waters designated infested for viral hemorrhagic septicemia (VHS) o Marine sanitary systems Businesses that are defined by Minnesota law as lake service providers need to have the owner or manager attend aquatic invasive species training and apply for a lake service providerep rmit every three years. Employees are also required to take an online training in order to be certified to work in Minnesota waters. More information about the lake service provider training and permitting process can be found at: http://www.dnr.state.mn.us/isp/index.html. AIS Best Management Practices The MN DNR promotes several best practices that anyone can follow to help stop the spread of AIS: Clean all aquatic plants, zebra mussels, and other invasive species from watercraft, trailers, and water -related equipment before leaving any water access or shoreland • Drain water -related equipment (boat, ballast tanks, portable bait containers, motor) and drain bilge, livewell and baitwell by removing drain plugs before leaving a water access or shoreline property. Keep drain plugs out and water -draining devices open during transport 51 Page Dakota County Contract C0029668 Exhibit A - Page 9 of 28 • Dispose of unwanted bait, including minnows, leeches, and worms, in the trash. Refill the bait container with bottled or tap water if planning on keeping bait Some invasive species are small and difficult to see at the access. In order to properly remove AIS from your watercraft or other equipment, take one or more of the following precautions before moving to another waterbody, especially after leaving zebra mussel and spiny waterflea infested waters: • Spray with high-pressure water Rinse with very hot water (120'F for at least 2 minutes; or 140°F for at least 10 seconds to kill zebra mussels) • Dry for at least 5 days Reporting AIS If you believe that you have found an invasive species in a local lake or river, please collect the following information in order to complete the reporting process: 1. Map it -Note where you found the plant or animal (where on the lake, near which access or road). Take GPS coordinates of the specimen if possible. 2. Take photos or make a collection -Take photos of the plants or animals. For plants, include close-ups of the leaves, their attachment to the stem, and any flowering structures that might be present. When making a collection of an aquatic plant: a. Keep in a plastic bag with water b. Label with specific location, date, your name c. Refrigerate the sample For animal specimens, focus on the top and sides of the specimen, making note of special markings or coloration on the body. 3. Identification -use the following resources to try to identify the specimen: a. DNR page on aquatic plants (native and non-native) b. Aquatic invasive plants identification webpases Potential new AIS findings are to be reported to the MN DNR using the new online reporting platform, EDDMapS Midwest. The EDDMapS (Early Detection and Distribution Mapping) system is accessible through the aforementioned website, but it also has an associated smartphone and tablet app to make it easy to report locations of invasive species while out in the field. All data submitted through EDDMapS is reviewed by state verifiers at the MN DNR to ensure the accuracy of submissions. Once reviewed, infestation reports are freely available to scientists, researchers, land managers, land owners, educators, conservationists, ecologists, farmers, foresters, state and national parks. EDDMapS combines data from other databases and organizations, as well as volunteer observations, to create a national network of invasive species distribution data that is utilized by the MN DNR to track the spread of AIS in Minnesota. For more information about AIS in your area or if you have questions about the AIS reporting process, please contact a local DNR invasive species expe- 61 Page Dakota County Contract C0029668 Exhibit A - Page 10 of 28 Local AIS Prevention Aid Program In 2014, the Minnesota state legislature passed a county aid tax bill (Chapter 308, HF3167: Omnibus tax bill. Article 1: Property Tax Aids and Credits. Section 11) providing $10 million annually to Minnesota counties to help prevent the spread of AIS. The distribution of funds is based on a calculation considering each county's share of watercraft trailer launches and watercraft trailer parking spaces (Figure 2). In July 2014, $4.5 million dollars was distributed to the 87 Minnesota counties. In 2015 and thereafter, that value was increased to $10 million per annum. The statute does not require matching funds, and while state statute allocates funding beyond 2014, funding beyond 2017 is not guaranteed at this time. In accordance with the legislative directive (Minnesota State Statute 477A.19, Appendix D), Dakota County received $58,052 in 2014, $129,004 in 2015, $128,471 in 2016, and is projected to receive $121,690 in 2017. Hennepin id�l4z e, County ,_ Paul wqsi --t e Hastings _- 7 I A.,i;le Valley Rcser.-411 n'. - 'N_mi®r s TO -01 Lakeville - ifekot. '---r;nry Ver riilion I Marshan Twp cm AireTwP I.�,prtlllion pl --- IFar� -•¢:o.,.�'� I Ravenna Twp Twp Scott -aunty Hgmpt�n New n r r s� � � le Eureka :vn : Rock Twp Hampton Twp Douglas Twp i i$ Iota•nwiw-uwwwsn r.._ . andolph Twp Twp R ;oodhup Greenvale Twp'+'ia:xrForc Twp �. ®'" Fi •,county Legend Motorized Boat Launch Figure 2. Motorized boat launches in Dakota County 1. Lilydale Regional Park (Lilydale) 2. Minnesota River (Fort Snelling State Park) 3. MN DNR boat launch (South St. Paul) 4. Cedar Avenue Bridge/Blackdog Road (Burnsville) 5. Fish Lake (Eagan) 6. Crystal Lake (Burnsville) 7. Orchard Lake (Lakeville) 8. Lake Marion (Lakeville) 9. Spring Lake Regional Park (Nininger Township) 10. Mississippi River south of Lock and Dam No. 2 (Hastings) 11. Lake Rebecca (Hastings) 12. Lake Isabelle (Hastings) 13. Vermillion River (Ravenna Township Dushane's Landing) 14. Vermillion River (Ravenna Township) 15. Lake Byllesby (Lake Byllesby Regional Park) 7 1 P a g e Dakota County Contract C0029668 Exhibit A - Page 11 of 28 Counties are required by statute to establish and submit guidelines, either by resolution or through the adoption of a county plan, that detail how the Local AIS Prevention Aid funding will be used. Counties must use the funds to prevent or limit the spread of AES at all accesses within the county. Funds may be appropriated directly or a portion of the funds can be directed towards LGUs, park districts, joint powers boards, watershed districts and watershed management organizations (WMOs), as well as lake associations and non-profit groups located in the County, to be used for AIS prevention. Guidelines must be submitted to the MN DNR by December 31 each year that payments are received. Each county is responsible for deciding on how to best use the funds while still abiding by all current laws and regulations at the state level. More information about the Local AIS Prevention Aid Grant can be found at: http://www.dnr.state.mn.us/invasives/ais/prevention.htmi. 81 Page Dakota County Contract C0029668 Exhibit A - Page 12 of 28 Plan Purpose and Program History The purpose of the County's AIS program is to prevent the introduction of new AIS, prevent further spread of existing AIS, and reduce the potential for environmental and economic impact brought on by AIS infestations. To this effect, in 2015 the Dakota County Board of Commissioners passed a resolution (14-587) adopting the following guidelines for using the AIS Prevention Aid grant: • Prepare a comprehensive inventory of boat launches and waterbodies at risk • Undertake awareness campaigns • Develop early detection and response procedures • Manage existing populations of aquatic invasive species • Establish partnerships with local units of government, water management organizations, Soil and Water Conservation District or lake associations Adaptive Management This plan is intended to serve as a working document to guide activities and the use of the Local AIS Prevention Aid funds by Dakota County. The fluid nature of this plan is meant to provide a framework from which to establish programs that can best deal with new infestations or promote new outreach opportunities with community partners. The management of AIS is a relatively new field in water resource management, particularly at the County level, and with that, it must be taken into account that experience and new scientific research must be incorporated into future actions in order to prevent and manage the presence of AIS. As such, this plan will be reviewed by the Dakota County AIS Advisory Committee on a yearly basis; plan priorities will be reviewed and any necessary amendments will be made at that time. AIS Program Development County staff determined that the first phase (2014 and 2015) of the AIS program would focus on waterbodies that have motorized boat launches and associated parking lots. Once AIS program efforts are established on waterbodies with motorized boat launches, a second phase (2015-2016) of AIS programming occurred to incorporate AIS program elements on both smaller waterbodies and those that do not have motorized boat launches and/or associated parking lots. Activities at motorized boat launches tend to be the main spreading source for AIS, but because of the connectivity between waterbodies (particularly within in Lebanon Hills Park), it was important to monitor the type and distribution of AIS on those smaller waterbodies in order to gain a better understanding of the potential for introductions in larger, higher use waterbodies. a Dakota County Contract C0029668 Exhibit A - Page 13 of 28 2014 In 2014, the MN DNR distributed a list of motorized boat launches that could be incorporated into Dakota County's AIS program. The initial list included 18 boat launches on access points on both lakes and rivers located around the County. Staff visited and investigated each site in the fall of 2014 to evaluate the presence of MN DNR AIS signage at the launch. New or updated AIS signage was ordered from the MN DNR to be installed at the launch, if necessary. �FONE Ywd+Yy ... �F®t0ID fwile: •Ownol�gatic plrks andayoac aWrrY +01/MbbarnrwmraAirwlls Iwaq +OYpoMMaaaMrd iNsbMtlnlM7wA r. r. L� ..tl6aYq!`ie t 2015 PROTECT THIS LAKE FROM AQUATIC INVASIVE SPECIES ilfi btay_Mu IYY Nal: Invasive Species Alert Thew vrafefa *to desfrrnaM as ik"87FO WA TEM and ama+t w mnrxw+. flet H M.&WA "sem Beginning in 2015, Dakota County initiated a public awareness campaign using a third party advertising company to print and place educational posters and other materials at indoor and outdoor locations throughout Dakota County, including 5 gas stations and 14 bar/restaurants. AIS awareness campaign materials were focused towards the boating community at gas stations, restaurants, and bars that boaters and anglers use, and were consistent with AIS messaging used statewide by the MN DNR (Clean, Drain, and Dry campaign). .....Kcrw...o.ar..c.x.wy - 101 Page Dakota County Contract C0029668 Exhibit A - Page 14 of 28 The campaign was in place for four months (June through September 2015). Allover Media estimated 476,700 monthly impressions from the media in the five gas stations, and 210,000 monthly impressions from the media in the 14 bars and restaurants. Dakota County also developed content for the AIS program to be displayed on the County's website and purchased AIS educational display materials that can be made available to local communities or school groups for use as part of various environmental events and ongoing outreach activities. Dakota County looked for opportunities to collaborate with other counties, watershed groups, and jurisdictions that share water resources with the County in order to promote a regional approach to AIS prevention strategies. Internal partnerships were also identified within the County organizational structure itself, as to encourage AIS programming that would be beneficial to various departments within the County. Cooperation between existing local organizations, such as cities and lake associations, was promoted to further the development and implementation of the County's AIS plan. 2016 In 2016, a consulting firm hired by Dakota County conducted AIS surveys on twenty lakes on County owned property and installed zebra mussel sampler plates at four lakes around the County. Dakota County also purchased a number of plates that were shared with LGUs and lake associations to be installed at public and private boat launches. County Transportation staff installed 'Clean In, Clean Out' pavement stencils at several boat launches in Lakeville, Burnsville, and at the County's launch on Lake Byllesby. 'Clean In, Clean Out' stencil Dakota County continued to work with a third party advertising company to promote the AIS public awareness campaign and installed educational displays at the Lake Byllesby boat launch and near beach/campground office, at the Lebanon Hills Visitor Center, and at Jensen Lake near the start of canoeing trail. Dakota County purchased a number of outreach materials including the 'Aquatic Invasive Species Early Detectors: A How -To Guide' developed by Minnehaha Creek Watershed District and AIS identification WATCH Cards, to be shared with interested parties for use or further distribution to lake associations and watershed management organizations. In addition to the aforementioned outreach materials purchased in 2016, the AIS program also supported AIS identification training for volunteers with the Wetland Health Evaluation Program (WHEP) and youth outreach activities as part of the annual Metro Area Children's Water Festival. The Dakota County AIS Committee also explored opportunities to partner with statewide AIS volunteer programs (University of Minnesota - Extension (Extension) - AIS Detector program and MN DNR - AIS Ambassador program). Lastly, the Committee investigated opportunities to expand the Vermillion River Watch volunteer stream monitoring program (managed by the DCSWCD and the Vermillion River Watershed 111 Page Dakota County Contract C0029668 Exhibit A - Page 15 of 28 Joint Powers Organization (VRWJPO)) to include an AIS monitoring component into the current monitoring platform. Beginning in early 2016, the Committee began researching the possibility of using the Local AIS Prevention Aid to develop a grant program to support AIS efforts of partner organizations. Grant funding is prioritized for protection and maintenance projects (early detection and response, established population control), and education programs. Approved projects must address AIS -related issues by utilizing multi -disciplinary, integrated solutions based on the best available science and technology. More information about the County's AIS grant program can be found at https://www.co.dakota.mn.us/Environment/WaterQuality/AIS'. 121 Page Dakota County Contract C0029668 Exhibit A - Page 16 of 28 Inventory and Assessment Various types of AIS have been present in Minnesota over the last 200 years, but the rate of reported infestations is increasing at an alarming rate. Since the 1950s, public awareness of the importance of preventing new AIS introductions into Minnesota and managing existing infestations also increased. Public demand for AIS research, management, and education strategies has been particularly intensified the last 20 years. In order for management and prevention activities to be as effective as possible, the types and extent of AIS within Dakota County and surrounding areas must be known. This section highlights known AIS infestations in the state of Minnesota and Dakota County, focuses on priority species currently studied by state researchers, and provides information about the MN DNR's Infested Waters List. Dakota County staff partnered with LGUs and WMOs in the county to conduct a 'waterbody assessment survey' to collect information pertaining to the types and frequency of AIS monitoring and/or management activities their organizations are undertaking. The survey findings will help optimize future County -led AIS programs to fill gaps and provide assistance to partner organizations. AIS Infestations in Minnesota At this time, there are 14 species of aquatic animals and 10 species of aquatic plants known to be invasive in Minnesota. Many of these species, such as the common carp, have been present in Minnesota for several decades. Others, such as the rapid invasion of zebra mussels, along with growing concerns about the spread of Asian carp, have brought AIS -related issues to the forefront more recently. As of December 2016, the MN DNR Infested Waters list includes 5% of Minnesota's public waters. The List features selected prohibited invasive species (including Brazilian elodea, brittle naiad, Eurasian watermilfoil, faucet snails, flowering rush, New Zealand mud snails, round goby, ruffe, white perch, and zebra mussels), selected regulated invasive species (spiny waterflea), and diseases (Viral Hemorrhagic Septicemia (VHS)). Lakes, rivers, ponds, and wetlands are added to the infested waters list by the MN DNR if it contains an aquatic invasive species that could spread to other waters. The MN DNR may also list a lake, river, pond or wetland as infested if it is connected to a body of water where an aquatic invasive species is present. For more information about AIS infested waterbodies in Minnesota, visit the Infested Waters List to find the official list of infested waters, including all rivers and stream segments of infested waterbodies. A option is also available through EDDMapS Midwest, though it only displays infested lakes, wetlands, and major river pools. Current AIS Research in Minnesota Researchers at the Minnesota Aquatic Invasive Species Research Center (MAISRC), a research center based in St. Paul and working in cooperation with the MN DNR and Extension, are currently studying detection, prevention and control techniques for close to three dozen AIS that are considered to be 13 1 Dakota County Contract C0029668 Exhibit A - Page 17 of 28 high-risk for Minnesota. Several of the key species being studied by MAISRC are increasing in distribution across the state. The following tables identify AIS of concern and are grouped by fish, plant, and invertebrate species. Researchers evaluated each species' existing distribution throughout (or near) Minnesota, their distribution potential, and their potential to adversely impact ecosystems once established. Note that plant species with control potential (i.e. chemical treatment or mechanical harvesting) are indicated in Table 2. Table 1. Priority invasive fish species in Minnesota as designated by MAISRC Common Name Scientific Name Distribution Risk of Spread Potential Impacts Common carp Cyprinus carpio Widespread High High Bighead carp Hypophthalmichthys nobilis Localized Spreading High Silver carp Hypophthalmichthys molitrix Localized Spreading High Grass carp Ctenopharyngodon idella Localized Spreading High Rainbow smelt Osmerus mordax Localized Spreading High Ruffe Gymnocephalus cernua Localized Spreading High Round goby Neogobius melanostomus Localized Spreading High Northern snakehead Channa argus Not found in MN Presumed High Presumed High Zander Sander lucioperca Not found in MN Presumed High Presumed High Water chestnut* Table 2. Priority invasive plant species as designated by MAISRC Common Name Scientific Name Distribution Risk of Potential Control Spread Impacts Potential Curly -leaf pondweed Potamogeton crispus Widespread High High Yes Eurasian watermilfoil Myriophyllum spicatum Widespread High High Yes Hybrid/narrow leaf Typha x glauca, Widespread High High Yes cattail T. Angustifolia Purple loosestrife Lythrum salicaria Widespread High High Yes European haplotype - Phragmites austrahs Localized High High common reed Flowering rush Butomus umbellatus Localized High High Starry Stonewort Nitellopsts obtusa Localized High High Hydrilla Hydrilla verticillata Not found in MN High Likely High Water chestnut* Trapa natans Not found in MN Moderate Likely High Yellow floating heart* Nymphoides peltata Not found in MN Moderate Likely High Cabomba* Cabomba carchniana Not found in MN Moderate Likely High European frog -bit* Hydrocharis morsus-ronae Not found in MN Moderate Likely High Curly waterweed* Logarosiphon major Not found in MN Moderate Likely High *Species not likely to be found in MN, but have spread and caused impacts in inland waters of regions with a climate similar to that of MN 141 Page Dakota County Contract C0029668 Exhibit A - Page 18 of 28 Table 3. Priority invasive invertebrate species as designated by MAISRC More information about MAISRC's mission to "develop research -based solutions that can reduce the impacts of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems; and to advance knowledge to inspire action by others" can be found by visiting MAISRC's website: http://www.maisrc.umn.edu/ais-mi.- AIS Infestations in Dakota County As of December 2016, there are 26 waterbodies in Dakota County listed on the MN DNR's Infested Waters List (Table 4). The MN DNR will add a lake, river, pond or wetland to the Infested Waters List if the water is found to contain certain AIS that could spread to other waters. The MN DNR may also designate a lake, river, pond or wetland as infested if it is connected to a body of water where AIS is present as it is assumed that AIS will naturally spread between the water bodies. Table 4. MN DNR Infested Waters in Dakota County Waterbody Name City or Jurisdiction Invasive Species Risk of Potential Common Name Scientific Name Distribution Spread Impacts Spiny waterflea Bythotrephes longimanus Established High High Zebra mussel Dreissena polymorphs Established High High Quagga mussel Dreissena rostriformis Established High High Faucet snail Bithynia tentaculata Established High High Rusty crayfish Orconectes rusticus Established Unknown Unknown New Zealand mud snail Potamopyrgus antipodarum Established Unknown Unknown Ponto-Caspian amphipod Echinogammarus ischnus Not found in MN Unknown High Killer shrimp Dikerogammarus villosus Not found in MN Unknown High Caspian mud shrimp Chelicorophium curwspi'num Not found in MN Unknown High Red Swamp Cravfish Procambarus clarkii Not found in MN 2007 19-0446 More information about MAISRC's mission to "develop research -based solutions that can reduce the impacts of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems; and to advance knowledge to inspire action by others" can be found by visiting MAISRC's website: http://www.maisrc.umn.edu/ais-mi.- AIS Infestations in Dakota County As of December 2016, there are 26 waterbodies in Dakota County listed on the MN DNR's Infested Waters List (Table 4). The MN DNR will add a lake, river, pond or wetland to the Infested Waters List if the water is found to contain certain AIS that could spread to other waters. The MN DNR may also designate a lake, river, pond or wetland as infested if it is connected to a body of water where AIS is present as it is assumed that AIS will naturally spread between the water bodies. Table 4. MN DNR Infested Waters in Dakota County Waterbody Name City or Jurisdiction Invasive Species Year Listed Dow Number Alimagnet Burnsville Eurasian watermilfoil 2014 19-0021 Bridge Dakota County Eurasian watermilfoil 2016 19-0179 Byllesby Dakota County Flowering rush 2016 19-0006 Cobblestone Apple Valley Eurasian watermilfoil 2012 19-0456 Crystal Burnsville Eurasian watermilfoil 2007 19-0027 Earley Burnsville Eurasian watermilfoil 2007 19-0033 Fish Eagan Eurasian watermilfoil 2009 19-0057 Heine Pond Eagan Eurasian watermilfoil 2010 19-0153 Holland Dakota County Eurasian watermilfoil 2009 19-0065 Keller Burnsville Eurasian watermilfoil 2007 19-0025 Lac Lavon Burnsville Eurasian watermilfoil 2007 19-0446 Lac Lavon Burnsville Brittleleaf naiad 2007 19-0446 Lily Dakota County Eurasian watermilfoil 2016 19-0180 Marion Lakeville Eurasian watermilfoil 2007 19-0026 McDonough Dakota County Eurasian watermilfoil 2016 19-0076 151 Page Dakota County Contract C0029668 Exhibit A - Page 19 of 28 O'Brien Dakota County Eurasian watermilfoil 2016 19-0072 Portage Dakota County Eurasian watermilfoil 2016 19-0074 Quarry Eagan Eurasian watermilfoil 2007 19-0128 Rebecca Hastings Zebra mussel 2009 19-0003 Schultz Dakota County Eurasian watermilfoil 2007 19-0075 Sunset Pond Burnsville Eurasian watermilfoil 2007 19-0451 Thomas Eagan Eurasian watermilfoil 2012 19-0067 Twin Lakes Burnsville Eurasian watermilfoil 2007 19-0028 Unnamed Lake Inver Grove Heights Eurasian watermilfoil 2016 19-0035 Unnamed Lake Eagan Flowering rush 2007 19-0064 Valley Pond Lakeville Eurasian watermilfoil 2007 19-0348 It is important to note that not all AIS identifications will trigger a listing on the infested waters list by the MN DNR. Of this subset of species, curly -leaf pondweed, reed canary grass, yellow iris, purple loosestrife, rusty crayfish, and Chinese mystery snail have all been located in Dakota County, but are not included in Table 4. Curly -leaf pondweed, reed canary grass, and purple loosestrife have been present in the County for a significant number of years, whereas rusty crayfish and Chinese mystery snails were found by volunteer groups in 2016. Rusty crayfish were found in the Vermillion River (Farmington and Hastings) and North Creek (Farmington) in the fall of 2016. Specimens were collected as part of routine biomonitoring activities performed by DCSWCD staff and by Hastings High School students participating in the VRWJPO's Vermillion River Watch program. The Chinese mystery snails were discovered while monitoring Thompson Lake (West St. Paul) by volunteers participating in Dakota County's Wetland Health Evaluation Program (WHEP). Several other prohibited and regulated AIS are known to be present within Dakota County and within close proximity to the County. These species (Table 5) are a growing concern due to their potential to spread to uninfested waterbodies in Dakota County. Table 5. Common AIS in Dakota County and greater Minnesota/Wisconsin Common Name Type Status Nearest Infested Water Location Bighead carp Fish Prohibited Mississippi River— Pool 1, 2, 3 Grass carp Fish Prohibited Mississippi River— Pool 1, 2, 3 Flowering Rush Plant Prohibited Cannon River Goodhue County, MN New Zealand mudsnail Invertebrate Prohibited Lake Superior Duluth, MN Silver carp Fish Prohibited Mississippi River— Pool 1, 2, 3 Spinywaterfiea Invertebrate Prohibited Lake Mille Lacs Mille Lacs County, MN Zebra mussel Invertebrate Prohibited Lake Rebecca Hastings, MN Faucet snail Invertebrate Regulated Mississippi River— Pool 4 Banded, Chinese mystery snail Invertebrate Regulated Thompson Lake West Saint Paul, MN Common carp, koi Fish Regulated Lake Marion Lakeville, MN Goldfish Fish Regulated Vermillion River Watershed Japanese trap door snail Invertebrate Regulated Red Cedar River Rice Lake, WI Yellow iris or yellow flag Plant Regulated Kingsley Lake Lakeville, MN 161 Page Dakota County Contract C0029668 Exhibit A - Page 20 of 28 Management of AIS on the Mississippi and Minnesota Rivers is a collaborative process between several state and federal agencies including the MN DNR, the US Army Corps of Engineers, and the National Parks Service, amongst others. At this time, the MN DNR is leading all monitoring and management activities related to AIS infestations on the Mississippi River within Minnesota jurisdiction, so management of those species identified as inhabiting the Mississippi River (namely the three carp species listed in Table 5) will not be addressed in this Plan. Coordinating AIS efforts in Dakota County In the fall of 2016, Dakota County began working with LGUs and WMOs to gather information on water resource management activities currently performed on MN DNR designated waterbodies throughout the county. The purpose of conducting the survey was to identify potential gaps in AIS -related programming that could be filled with financial, logistical, or programmatic support from the County through the funding provided by Local AIS Prevention Aid. The waterbody assessment survey was sent to representatives with all of the cities and townships in Dakota County that have DNR waterbodies within their boundaries (19 in all). The list of 379 waterbodies included all lakes, stormwater ponds, and wetlands with a MN DNR identification number. The baseline information gathered in the survey (Table 6) provides the County with a comprehensive list of the types of management and monitoring activities (and frequency at which they are completed) that are currently undertaken by LGUs and WMOs. Respondents were also asked to indicate the types of activities for which they would like support from the County — from performing an aquatic vegetation survey of a local lake, assisting with chemical treatments or harvesting, or coordinating consistent AIS messaging and educational programs to be used countywide. As of December 2016, respondents from eight cities and townships within Dakota County participated in the waterbody assessment survey. Table 6. Results from the 2016 Waterbody Assessment Survey Types of Monitoring and Management Activities Types of Assistance Requested Aeration Alum Treatments Aquatic Plant and Shoreline Habitat Surveys Barley straw/Carbon Amendment Treatments Biweekly LGU Staff Water Quality Monitoring CAMP Monitoring Invasive Plant Control Sediment Surveys WHEP Monitoring Coordination and Funding for Aquatic Plant Surveys Funding for Harvesting Activities Funding for Chemical Treatments Lakeshore Homeowner Educational Programming Native Plant Educational Programming AIS Education for Anglers Participation in Lake Association Events To learn more about the types of management activities that are being done to protect your local waterbodies, as well as what is being done to prevent the spread of AIS, please contact the water and natural resource specialists for your city, township, or WMO for more information. 17 1 Page Dakota County Contract C0029668 Exhibit A - Page 21 of 28 Implementation Plan This section of the Plan describes strategies proposed by Dakota County to prevent, detect, and manage AIS infestations. Using funds made available through Local AIS Prevention Aid, Dakota County will continue AIS monitoring activities on lakes with County -owned accesses on a rotational basis, as well as support AIS monitoring activities undertaken by neighboring counties that share waterbodies. Dakota County will also support efforts to identify alternate pathways for AIS to enter and move through the county, as well as the development of a network of trained volunteers to conduct AIS surveys in local waterbodies and youth outreach activities. Local interest in efforts to counteract the spread of AIS within Dakota County has led to the development of monitoring, management, and outreach partnerships between lake associations, city and county governments, local watershed management organizations, and the MN DNR. Funding from the Local AIS Prevention Aid will also be used to support AIS -related projects undertaken by LGUs and non -profits that operate in Dakota County through the development of a grant program. As mentioned previously, it is important to consider this plan to be fluid in nature, in that implementation activities discussed in this plan are subject to change over time due to advances in research on AIS management, the detection and potential establishment of new AIS in the County, and future opportunities for various educational or outreach programming or partnerships. As the Local AIS Prevention Aid funding amounts are not set for 2018 — 2020, the total expenditures shown in the Appendix are based upon the amount allocated to Dakota County in 2017 ($121,690). If Dakota County receives less than that amount in the coming years, less money will be allocated to the grant program in order to maintain the budget. Prevention AIS can be spread throughout the county via numerous pathways. Each pathway poses varying levels of risk depending on the water body and the specific AIS. Common pathways through which AIS spread include boat accesses, docks and boat lifts, and attached to water recreational gear. Watercraft Inspections The MN DNR's watercraft inspection program was established in 1992. The goal of the program is to prevent the spread of AIS by placing trained inspectors at public water accesses to inspect watercraft and educate the public on AIS laws, including self -inspection and decontamination methods. While the MN DNR continues to fund the watercraft inspection program, many LGUs have instituted local inspection programs to supplement the DNR's efforts. In 2017, Level 1 Watercraft Inspectors will be hired to conduct watercraft inspections at boat launches within Lake Byllesby Regional Park. The motorized boat access on Lake Byllesby is the only boat launch owned by Dakota County (access on Jensen Lake is carry -in only). All other motorized accesses within the County are owned and operated by LGUs or the State of Minnesota. Those entities are responsible for conducting watercraft inspections at their accesses. 181 Dakota County Contract C0029668 Exhibit A - Page 22 of 28 Level 1 Watercraft Inspectors are trained to inspect water -related equipment, both visually and tactilely, at the access before equipment is launched into the water. Inspectors are authorized to prohibit the launching or operations of water -related equipment if a person refuses to either allow an inspection or don't remove water or vegetation. They can also require a watercraft (or other equipment) be decontaminated prior to launching into the lake. Inspectors will be hired via a local company that will support training the inspectors, as well as provide the necessary equipment to conduct inspections and coordinate inspection schedules. Inspectors will be stationed at the main boat launches in the park on weekends and holidays from the fishing opener through Labor Day. Inspectors may also be asked to move between the main watercraft access in the park and the two smaller accesses along the northern shore to perform inspections and educate the public on AIS best management practices. Lake Service Provider Certification In 2011, the Minnesota state legislature passed new laws related to the prevention and management of AIS that apply to lake service providers (marinas, dock haulers, lawn irrigators and others who install or remove equipment from state waters for hire). Based on this new law, service providers must obtain a permit from the MN DNR in order to legally work in lakes and rivers throughout the state. Service providers can obtain the permit by attending an AIS training hosted by the MN DNR and passing the certification test. In 2013, the law was updated to include any businesses that rent or lease any type of boats or other water -related equipment. At this time, Dakota County Parks and Recreation Department has various watercrafts (canoes, kayaks, paddleboards) that are available to the public to rent during the summer season at the Lebanon Hills Visitor Center for use in Lebanon Hills Regional Park. In accordance with the updated law, County parks staff will be attending certification trainings this spring and will apply to the MN DNR for the appropriate permit before the summer season begins. Alternative Pathways Assessment AIS can also be introduced into the environment, intentionally or accidently, through the dumping of live plant and animals purchased at local pet stores and nurseries into local waterbodies. Hundreds of species of plants, invertebrates, and fish from all overthe world are sold through these businesses and are available for purchase by Dakota County residents. Such activities are high-risk pathways for AIS, but once identified, outreach efforts can be targeted to address these pathways. In 2017, Dakota County will support the investigation of alternative pathways, identify potential sources of AIS, and work to improve AIS education to different audiences utilizing the Habitattitude program. Early Detection Early detection monitoring provides opportunities to detect new AIS introductions before they become established in a given waterbody, ultimately increasing the feasibility of a rapid response/eradication effort. Significant cost -savings can be realized by adopting an effective early detection monitoring 191 P a g Dakota County Contract C0029668 Exhibit A - Page 23 of 28 program in the form of reduced long-term control and management expenses, in addition to protecting existing natural resource investments. Dakota County recognizes LGUs and WMOs as the responsible entities for primary management of the water resources within their boundaries. Such responsibilities include surface water monitoring, tracking water quality trends, and implementing other lake and river water quality management actions. Because of the high level of water resources management currently undertaken by LGUs and WMOs, Dakota County will prioritize AIS monitoring and management efforts on waterbodies that are within the County Parks system (particularly Lake Byllesby) and filling in any gaps in AIS monitoring and assessment activities throughout the county. Monitoring and Assessments Current early detection monitoring activities on lakes with County -owned accesses include: Aquatic vegetation surveys (point -intercept) o Species of interest: Eurasian watermilfoil, curlyleaf pondweed, flowering rush o Visual observations for cylindro (blue-green algae) and common carp • Suitability Assessments with reference to lake bottom sediments for AIS o Hydrilla, purple loosestrife, rusty crayfish, spiny waterfiea, starry stonewort, Chinese and banded mystery snail, faucet snail, Asian carp, and snakehead • Installation of zebra mussel plate samplers at boat launches or fishing accesses In addition to the aforementioned activities, other AIS monitoring activities have been proposed as potential projects to consider in future years. These include biological monitoring (macroinvertebrate and habitat) at several locations in the Chub Creek, Trout Brook, and Pine Creek subwatersheds and performing an aquatic vegetation survey and sediment sampling of Chub Lake (headwaters of Chub Creek, located in Eureka Township). New AIS infestations discovered during these (or other) monitoring efforts conducted by State agency staff, County staff, consultants, or citizen volunteers will be reported to the MN DNR using the EDDMapS online reporting tool described earlier in this plan. An AIS survey and suitability assessment was conducted on several waterbodies within the Lebanon Hills Regional Park in 2016. The County plans to continue with this effort in future years by developing a monitoring program for all waterbodies in the County parks system (Lake Byllesby is currently being monitored by the Metropolitan Council). The monitoring program will consist of both surface water quality monitoring and aquatic vegetation surveys. Surface water quality sampling will be conducted on a monthly basis to provide information on the status of waterbodies, allowing for tracking of long-term trends, identification of potential or actual threats to water quality, and more effective management of the various waterbodies within the parks system. Aquatic vegetation surveys will be conducted twice during the growing season in order to identify new AIS, delineate existing AIS populations, and track the spread of AIS within a given waterbody. The goal of the program is to continue to monitor the presence of AIS in County parks and assess the potential for spread between waterbodies within the parks system. 201 Page Dakota County Contract C0029668 Exhibit A - Page 24 of 28 Lake Byllesby Assessments Because of the potential hazards to the Byllesby Dam that could be brought about by an AIS infestation in the lake, preventing an AIS introduction (particularly zebra mussels) in Lake Byllesby is a top priority for Dakota County. Both Dakota and Goodhue counties own and operate public water accesses on Lake Byllesby, necessitating the importance of collaborative partnerships to prevent new AIS infestations in the lake. In 2016, Goodhue County conducted an aquatic vegetation survey of Lake Byllesby. Since surface water quality and lake bottom sediment samples were not collected in 2016 (and are important to determine AIS suitability), Dakota County will complete sampling in 2017. Goodhue County will continue to conduct vegetation surveys of Lake Byllesby on an annual basis. Volunteer Monitoring Network Providing volunteers with the necessary training to identify and report potential infestations is one strategy to help prevent the spread of AIS within Dakota County. In order to support early detection monitoring efforts, the County will sponsor citizen participation in the University of Minnesota Extension's new AIS Detector program in 2017. Through this program, AIS Detector volunteers will be trained to report potential AIS introductions in coordination with the MN DNR. Participants in the program will undergo a high level of training to ensure competency and ability to properly identify suspected AIS. AIS Detectors will not make definitive conclusions or announcements as to confirmation of the presence of AIS — instead, their role will be to determine if a report to the MN DNR is necessary by first screening out false -positive samples from being reported. The Detector program will focus on the priority species outlined in the 'Current AIS research in Minnesota' section of this plan. More information about the AIS Detector program can be found on their website:.http://www.maisrc.umn.edu/ais-detecto . Rapid Response Rapid assessment and response involves assessing the size of the AIS infestation relative to the resources and tools that are available to completely remove the infestation ("eradication"). The best defense against an AIS infestation in a local waterbody is utilizing strong preventative actions, like boat inspections at launch sites and educating the public about rules and regulations relating to AIS, in order to prevent AIS from ever entering the waterbody in the first place. Early detection of a new infestation, and a subsequent response to that infestation, are considered the "second line of defense", following prevention. Early detection and rapid response are core tenets of any effective invasive species management program. When the introduction of new AIS is detected, a prompt and coordinated response to contain the affected area (and provide treatment in order to eradicate the species, if feasible) can reduce the potential establishment, spread, and harmful impacts of a given species. Early detection and response to a new infestation can result in lower overall costs and reduced damage to the resource than implementing a long-term control program after an invasive species is established in the waterbody. Regular monitoring is necessary in order to detect new infestations in a timely manner so that the response plan can be as effective as possible. Eradication is always the primary goal of a rapid response 211Page Dakota County Contract C0029668 Exhibit A - Page 25 of 28 plan. Failing to completely eradicate AIS from a waterbody means that the infestation will be a reoccurring problem in future years. Unfortunately, as is often the case, once AIS is established in a waterbody, successful eradication is unlikely, which further emphases the importance of prevention and early detection monitoring. Per the U.S. Fish & Wildlife Service AIS Branch, a basic rapid response includes: • Rapid confirmation of the identity of the suspicious organism; • Assess the extent of the infestation; • Quarantine of the infested area, if possible; • Quick review of available control options to choose one best suited for the treatment conditions; • Application of the chosen control option(s); and, • Modification of the control strategy as indicated by the results ("adaptive management") Rapid Response Contingency Fund A portion of the funding provided to Dakota County through the Local AIS Prevention Aid Grant will be set aside on an annual basis to assist with rapid response activities in the county. Because all AIS infestations are unique, rapid response procedures will be initiated in partnership with, and following recommendations by, state and/or local agencies. The final response plan may have one of several possible goals relating to the infestation, such as containing the entirety of the AIS infestation within a given area, suppressing the population in order to slow its spread to other parts of the lake or river, or containing the AIS and preventing its spread to new locations by completely eradicating it. It is important to keep in mind that not all AIS infestations will necessitate a rapid response effort going into effect, so each new AIS infestation will be responded to on a case-by-case basis. Rapid Response Plan The Dakota County AIS Advisory Committee will begin development of a rapid response plan for new infestations in 2017. At this time, the Dakota County AIS Rapid Response Plan will: Focus on rapid response for new and isolated AIS occurrences • Be adaptable to be useful in a variety for different species and waterbody types • Align with the MN DNR AIS Rapid Response Plan For more information about the MN DNR's AIS Rapid Response Plan, go to http://www.dnr.state.mn.us/invasives/eco/index.html and the subheading 'Responsibilities', Outreach and Education One of the keys to successfully preventing AIS from spreading is to engage the public on AIS issues (major species of concern and their potential impact) and to communicate the importance of personal responsibility in regards to prevention. In doing this, Dakota County will continue to explore partnership opportunities with local businesses and community organizations, strengthen existing relationships with 221 Page Dakota County Contract C0029668 Exhibit A - Page 26 of 28 LGUs and lake associations, and support established outreach campaigns (such as those developed by the MN DNR and Minnesota Sea Grant) to promote consistent messaging across the County. Outreach Materials In 2016, the Dakota County AIS Committee hosted a roundtable event with representatives from LGUs. The meeting's primary purpose was to determine how the County could best support AIS initiatives currently administered by the LGUs. From this meeting and subsequent discussions, it was determined that the LGUs would be best served by the County developing AIS -related outreach materials and supporting educational programming that could be used throughout the County. Using this direction, the County is working on several projects to meet the needs of interested organizations: • Purchasing AIS outreach materials from MN DNR, Wildlife Forever • Creating an 'AIS travelling trunk' with various outreach materials and giveaways to be used at local environmental events hosted by partner organizations • Developing a waterproof bathymetric map for Lake Byllesby with information related in invasive species laws, regulations, and best management practices Youth Outreach Programs The Dakota County AIS Committee will also look to support education activities that serve various groups within local communities. For the past several years, Dakota County has made both financial and in-kind support for the Metro Area Children's Water Festival, an annual event organized for children in the Minneapolis/St. Paul metropolitan area. The purpose of the festival is to educate fourth grade students from local schools about water resources. The goal is to engage students about ways they can help ensure future protection and management of water quality and quantity. Each year, 200 to 250 students from schools in Dakota County participate in hands-on opportunities to learn about water and its importance to people and the natural environment. In recent years, AIS has taken on a larger focus at the Festival, serving as a first point of contact for many children to not only learn about AIS, but also find out what they can do to help prevent the spread. Wetland Health Evaluation Program Dakota County coordinates the Wetland Health Evaluation Program (WHEP; www.mnwhep.ore), a volunteer program focused on determining the health wetlands in the county. WHEP volunteers are trained and work as part of a community-based team to collect data on wetland plants and macro i nverte b rates, providing valuable information to local governments and decision makers. In 2016, the Dakota County WHEP team incorporated AIS plants and macro i nve rte brates into the general monitoring protocols used by the volunteers. AIS plants and macroinvertebrates were also highlighted during the identification training sessions and were added to all print materials for volunteers to reference. AIS can be transferred between waterbodies by moving through pipes that connect stormwater ponds, so WHEP volunteers will be at the forefront to monitoring these alternative pathways during future monitoring seasons. 231Page Dakota County Contract C0029668 Exhibit A - Page 27 of 28 Grant Program Beginning in 2017, the Dakota County AIS Committee is instituting a grant program to distribute the State of Minnesota's Local AIS Species Prevention Aid funding for AIS -related projects in the County. The County and will consider a range of project proposals: • Education and Prevention Projects • Early Detection and Response Projects • Established Population Control Projects The goal of the grant program is to promote and support AIS management or education efforts by local organizations within the county. Those eligible to propose projects and compete for available funds include local municipalities, townships, watershed organizations, lake associations, and non -profits located in Dakota County. Collaborative proposals between partner groups are recommended to strengthen the effectiveness and positive outcomes of a given project. More information about the Dakota County AIS grant program can be found at https://www.co.dakota.mn.us/Environment/WaterQuality/AIS. 241 Page Dakota County Contract C0029668 Exhibit A - Page 28 of 28 Appendix- Dakota County AIS Implementation Plan 2016 - 2020 Category Dakota County Actions 2016 2017 2018 2019 2020 ■u Prevention Provide Level 1 AIS Inspectors at Lake Byllesby accesses $18,687 $20,000 $20,000 520,000 Prevention Conduct Alternative Pathways Assessment $16,000 Prevention Alternative Pathways Assessment follow-up $3,000 Early Detection AIS assessments (vegetation, fish, sediment) of lakes with $40,965 $9,500 $41,000 County -owned access Early Detection Zebra mussel sampler plate monitoring $1,500 $500 $500 $500 $500 Early Detection Biomonitoring in Chub Creek, Pine Creek, and Trout Brook $4,500 $4,500 subwatersheds Early Detection Sediment and AIS suitability assessment of Lake Byllesby $6,100 $6,100 Early Detection Establish and support volunteer AIS Monitoring Network $1,750 $1,750 $1,750 $1,750 Rapid Response AIS Rapid Response Contingency Fund $2,000 $5,000 $5,000 $8,000 Rapid Response Develop AiS Rapid Response Plan In-kind Outreach and Education AIS billboard and local restaurant advertising $69,172 Outreach and Education Purchase and develop AIS outreach materials $9,841 $11,500 $6,500 $6,500 $6,500 Outreach and Education Support youth AIS outreach programs in local communities $1,000 $1,000 $1,000 $1,000 $1,000 Outreach and Education Support Wetland Health Evaluation Program $4,000 $4,000 $4,000 $4,000 $4,000 Grant Program AIS grant program $43,000 $79,000 $79,000 $36,000 Administration AIS program administration In-kind In-kind In-kind In-kind In-kind Administration Dakota County AIS Plan development In-kind In-kind In-kind Toto! $128,478 $121,537 $120,750 $120,750 $121,350 251 Page Dakota County Contract C0029668 Exhibit B Dakota County Aquatic invasive Species Grant Program Application Deadline: Monday October 2, 2017 by 4:30 p.m. Introduction Dakota County is an annual recipient of Aquatic Invasive Species (AIS) Prevention Aid from the State of Minnesota as a result of 2014 Session Law Chapter 308. The purpose of the aid is to "prevent the introduction or limit the spread of aquatic invasive species at all the access sites within the county" (MN Statutes 477A.19). In 2017, the Dakota County Board of Commissioners passed a resolution adopting the Dakota County AIS Plan which includes the following guidelines: 1) Prepare a comprehensive inventory of boat launches and waterbodies at risk 2) Undertake awareness campaigns 3) Develop early detection and response procedures 4) Manage existing populations of aquatic invasive species 5) Establish partnerships with local units of government, water management organizations, Soil and Water Conservation District or lake associations The Dakota County AIS Plan includes a competitive grant program to fund local AIS prevention and management projects on waters within Dakota County. Innovative and/or large-scale projects with regional impact are highly encouraged. Eligibility 1) All local government units (e.g. cities, townships, school districts, watershed organizations) and lake associations in Dakota County are eligible. 2) All projects must be conducted on water bodies or waterways located within Dakota County. Project Examples 1) Early Detection and Monitoring i. AIS point -intercept surveys 2) Education and Outreach Programs i. In -school presentations ii. Outreach to businesses iii. Signage at Public Water Accesses iv. Publications and associated outreach materials 3) Law Enforcement i. Enforcement officer training ii. Increased warnings/citations 4) Management of new or established AIS populations i. Response planning ii. Mechanical, chemical, biological 5) Watercraft Inspection and Decontamination Programs Hiring and management of authorized inspectors at Public Water Accesses 1 Dakota County Contract C0029668 Exhibit B ii. Purchase of decontamination units or contract for services Applicant Guidelines 1) Applicants must complete the provided application form. Supplemental application materials will be accepted if deemed necessary by the applicant. 2) Proposals may receive full or partial funding based on number of funding requests and application ranking. 3) All proposals must comply with applicable federal, state, and local laws, rules, and ordinances. Award recipients are expected to provide a copy of DNR permitting if aquatic plant management is proposed. Recipients are expected to provide a copy of an executed DNR Delegation Agreement if watercraft inspection activities are proposed. Evaluation Criteria Projects will be ranked by Dakota County staff based upon pre -determined criteria (see page 3). Staff will review projects to determine funding eligibility. Staff has the discretion to reject any application it believes does not meet statutory requirements for funding. Eligible Expenses Acceptable expenses include: professional services, materials, supplies, and labor, printing and promotions. Consideration of additional cost categories is at the discretion of Dakota County. Funds and Distribution An applicant may not be compensated for the same work or materials twice (through more than one grant program). Applicants may submit an application to this program and request that their award be adjusted should the proposal be funded through additional opportunities. Projects will be reviewed and ranked during the month of October and applicants will be notified of their application status in early November. A letter requesting reimbursement, along with appropriate receipts and accounting for expenses, must be submitted to the Dakota County Water Resources by December 15, 2018. Reporting Requirements Successful applicants must execute a grant agreement with Dakota County. Applicants are responsible for completing all project activities by December 1, 2018. Following completion of the project, a final report must be submitted by December 15, 2018. The report should include a summary of budget expenses, summary of activities (including treatment records, if applicable), and measurable results. Submission Applications are due by 4:30 pm on October 2, 2017. Send completed applications to: Dakota County Water Resources Attn: Mike Behan 14955 Galaxie Avenue Apple Valley, MN 55124 Email submission: michael.behan@co.dakota.mn.us 2 Dakota County Contract 00029668 Exhibit B Additional Information All questions regarding this RFP must be directed to Mike Behan – (952) 891-7539— michael.behan@co.dakota.mn.us by 4 p.m. September 25th, 2017. Responses will be posted on the Dakota County AIS webpage httr)s://www.co.dakota.mn.us/Environment/WaterQuality/AIS. 3 Dakota County Contract C0029668 Exhibit B Application Evaluation and Grant Award The following criteria will be used to evaluate applications: Proposed project's likely overall long-term impact on preventing the introduction and spread of AIS within Dakota County. This includes the 50 applicant's ability to clearly articulate the project goal/concept, define the j implementation process, and establish measures of performance. Proposed Budget and expenses in relation to the breadth, depth, and technicality of the work proposed. Proposed project's ability to leverage 30 additional/matching funds. The degree of collaboration and/or outreach, and/or the demonstrated support of other entities in the community. Applicant's demonstrated 20 ability to identify and secure applicable local, state, federal permits when necessary. TOTAL 100 4 Dakota County Contract C0029668 Exhibit B r Dakota County Aquatic Invasive Species Grant Application I Organization/Applicant Name Type of Organization ❑ Government Applicant In■ ■ Daytime # Date ❑ Non-profit ❑ Other Address City State ZIP Email Contact Person Contact Person # If different than above Mailing Address If different than above City i State ZIP Email Address If different than above Project Title Project Type: I -select One- Name(s) of affected water bodies Water body ID(s) If applicable Site Address If applicable City State ZIP Brief Project Description Project Amount of ($) of AIS Grant Program Request $ Amount of ($) of Match/In-Kind Funding $ Total Project Cost ($} $ FUNDING REQUIREMENTS AND CONDITIONS: a) Once funding has been approved, expenditures must be completed by December 1, 2018. b) All funding recipients will be required to submit a report summarizing completed project activities to the Dakota County Environmentai Resources Department by December 15, 2018. Pictures of the project or event are encouraged. c) Funding is provided on a reimbursement basis. A letter requesting reimbursement, along with appropriate receipts and accounting for expenses, must be submitted to the Dakota County Water Resources by December 15, 2018. d) Funds cannot be used for purchasing or supplying food. e) Matching funds, though preferred, are not required. f) Funding levels will vary and there may be times when there is no funding available. You may wish to inquire about availability prior to filling out the application. g) Grant funding is not guaranteed based on application score. Final grant selection is at the sole discretion of Dakota County. 5 Exhibit B pwoiulu pr uJcu Yuma, Lire wurA pull Jul urr piu/ru, urnennr unu rnpeuea UUL(.U/IICJ. 2) Outcomes: What benefits will be realized within Dakota County as a result of this project, if funded? 3) Proiect Evaluation: How will you determine and measure success in ways that are meaningful to citizens and decision makers? 4) Required Approvals: Please list any required permits and status of approvals required for project implementation. Indicate whether the project has received support or approval from the Minnesota DNR, City, or Watershed Management Organization with local water planning authority. 5) Proiect Partners: Provide names, affiliations, contact information and roles of partners directly involved in this project. 6) Additional information: Please include any additional information you would like to share with us regarding your project proposal. E Dakota County Contract C0029668 Exhibit B s Project List the objectives that will comprise your project and estimated cost of each objective. Funding Types Objectives Requested Grant Funds Match Total 1 2 3 4 5 6 7 8 Total of Program Objectives $ $ $ Include other grant revenue sources, matching dollars, and in-kind contributions for your project, if any. Project Costs Project Sponsors Cash Contribution In-kind Contribution Total Project Support Project Sponsor Contribution Other Contributing Sponsors: 1 2 3 4 5 6 TOTAL: All project sponsors Grant amount requested Grand Totals Totalcash $ Totalln-Kind $ Total Project Cost $ I certify that my answers are true and complete to the best of my knowledge. Name of Authorized Representative (please print): Authorized Representative signature: �_ Dakota County Contract C0029668 Exhibit C - Page 1 of 4 Dakota County Aquatic Invasive Species Grant Application Applicant .............. Organization/Applicant Name City of Eagan /Water Resources Division ....... .... .._. Daytime # Date Type of Organization ® Government ❑ Non-profit ❑ Other 651-675-5300 10/2/2017 Address City State ZIP City of Eagan, 3830 Pilot Knob Rd Eagan MN 55122 Email WaterRes@cityofeagan.com Contact Person Contact Person # If different than above Jessie Koehle Office 651-675-5320; Mobile 651-485-2235 Mailing Address If different than above City State ZIP Central Maintenance Facility, 3501 Coachman Point Eagan MN 55122 Email Address if different than above jkoehle@cityofeagan.com Project■ Project Title Southeast Eagan Aquatic Invasive Species Control Project Type: 1population Managemen Name(s) of affected water bodies Water body ID(s) if applicable Holz Lake DNR# 19-0064-00 (Unnamed) Site Address If applicable City State ZIP 620 Cliff Rd and 4665 Manor Dr are public access points Eagan MN 55122 Brief Project Description Mechanical and chemical removal of flowering rush from Holz Lake shoreline, local public education and outreach, and inspection of nearby waterbodies for flowering rush to prevent new infestations. Amount of ($) of AIS Grant Program Request 1 $ 7,200.00 Amount of ($) of Match/In-Kind Funding 1 $ 4,300.00 Total Project Cost ($) 1 $ 11,500.00 FUNDING REQUIREMENTS AND CONDITIONS: a) Once funding has been approved, expenditures must be completed by December 1, 2018. b) All funding recipients will be required to submit a report summarizing completed project activities to the Dakota County Environmental Resources Department by December 15, 2018. Pictures of the project or event are encouraged. c) Funding is provided on a reimbursement basis. A letter requesting reimbursement, along with appropriate receipts and accounting for expenses, must be submitted to the Dakota County Water Resources by December 15, 2018. d) Funds cannot be used for purchasing or supplying food. e) Matching funds, though preferred, are not required. f) Funding levels will vary and there may be times when there is no funding available. You may wish to inquire about availability prior to filling out the application. g) Grant funding is not guaranteed based on application score. Final grant selection is at the sole discretion of Dakota County. Dakota County Contract C0029668 Exhibit C - Page 2 of 4 Please limit your responses to questions 1-5 to no more than 2 pages. 1) Project Narrative: Describe the AIS issue and how this project will work to address the issue. Describe as specifically as possible project goals, the work plan for the project timeline and expected outcomes. Holz Lake was officially listed as infested with Flowering Rush (FR) in 2007. The only form of FR known to be present at this time is the emergent form (occurring mostly at the water's edge/transition zone, but out of the water). No submergent populations have yet been observed. FR is currently present along the lake's entire 2900 feet of shoreline, though plants are concentrated in more open areas, for a total of about 710 linear feet of infested shoreline in sporadic clusters. We believe that with this effort, using chemical control on upland FR plants and careful hand digging of a small number of submerged or emergent plants, FR will be much better controlled at Holz Lake and perhaps with time could be completely eradicated. The first year(s) of control will likely be the most labor intensive. Specifically, Public education materials will be developed, printed, or purchased by the end of April 2018 and will be mailed or delivered to residents and shared with Eagan -Inver Grove Heights Watershed Management Organization (EIGHWMO) by the end of May 2018. Lake surveys of Hay and Schwanz Lake, along with mechanical and chemical treatment of FR on Holz Lake will be conducted in early summer when plants begin to flower and are most easily identified, and Holz Lake will be re -surveyed mid and late summer to check FR population status. If new plant growth is found, control activities will be repeated through the summer and possibly into fall, to be completed by the end of September 2018. Follow-up contact with residents in the form of phone calls, home visits, emails, and/or paper mailings will be completed by end of November 2018 in regards to the scope of this project. An emergent plant survey of Holz Lake will be completed by City staff in summer of 2019, which will help to determine future control needs along with timing of possible City -cost - shared shoreline restoration projects (see section 6 below). 2) OUtCOmes: What benefits will be realized within Dakota County as a result of this project; if funded? - The amount of FR growing around Holz Lake will be significantly reduced, judging by number of plant sightings during follow-up surveys of emergent zone of Holz Lake; Shoreline plant survey data summaries from 2017, 2018 and 2019 will be provided to Dakota County and will be made available to the public for educational purposes; Materials will be developed and distributed to Holz Lake and surrounding area residents regarding identification, removal, and prevention of FR and best prevention AIS practices; Additional shoreline surveys of downstream Hay and Schwartz Lakes will be completed in summer of 2018 to verify that no new infestations are present nearby or downstream via storm sewer system; - An informal yet written long-term strategy and/or work plan will be produced by City of Eagan staff in regards to AIS control, including a partnership with Dakota County focusing on communication and resource -sharing to prevent and reduce invasive species infestations in Eagan; Beneficial staff relationships will be established/enhanced between City of Eagan Water Resources Division and Dakota County Environmental Resources Department. 3) Proiect Evaluation: How will you determine and measure success in ways that are meaningful to citizens and decision makers? Emergent plant survey results will be compared to examine FR population status pre- and post-treatment. Surveys will be repeated in future years by City staff or outside contractors hired by the City to continue to evaluate FR population. Citizens will have improved understanding of identifying and controlling FR. 4) Required Approvals: Please list any required permits and status of approvals required for project implementation. Indicate whether the project has received support or approval from the Minnesota DNR, City, or Watershed Management Organization with local water planning authority. Removal of flowering rush will require an Aquatic Invasive Species permit from the MN DNR. Permit will be acquired by City of Eagan Water Resources staff pending grant program award. J Dakota County Contract C0029668 Exhibit C - Page 3 of 4 5) Proiect Partners: Provide names, affiliations, contact information and roles of partners directly involved in this project. These partners will receive information about prevention and control of flowering rush from City of Eagan Water Resources Staff, and may serve as volunteer resources or audiences for future AIS prevention efforts: - Homeowners along Holz Lake (12 parcels), residents in surrounding watershed area (about 1000 parcels); - Eagan -Inver Grove Heights WMO (http://www.dakotaswcd.org/watersheds/eaean-ieh-wmo) - Friends of Holz Farm (https://www.cityofeagan.com/friends-of-the-farm) 6) Additional Information: Please include any additional information you would like to share with us regarding your project proposal. We have been concerned about the Flowering Rush infestation at Holz Lake for several years, but have been short on time and resources for the initial necessary concentrated effort for removal. This grant would allow us the opportunity to get a good start on FR control, and in the coming years the City of Eagan will continue to survey Holz Lake shoreline and continue the control of FR. Also, when we determine that this AIS infestation is significantly reduced, the City's Water Quality Cost Share Program will be marketed toward targeted private properties for shoreland restoration projects. This cost share program provides 75% of shoreland restoration project funding for site preparation, native plant revegetation, bio -fog installation, and 2 -years of shoreland buffer plant management. Several other locations in Eagan have already benefitted from this cost share program's successful completion. Also, we are very familiar with the process of obtaining permits from the DNR to control aquatic vegetation. We routinely apply for, and are granted, permits to conduct open water plant harvesting activities on three of our largest lakes in Eagan, and also recently to include small scale herbicide treatments and mechanical hand -pulling activities of submerged aquatic plants around some of our fishing piers. We do not anticipate any problems in securing a permit to control Flowering Rush, especially if this AIS Grant Program funding is awarded. Dakota County Contract C0029668 Exhibit C - Page 4 of 4 j Funding Types 1 Objectives Requested Grant Match Total Total Project Support Funds $ 4,300 1— Holz Lk Flowering Rush removal (1st): Other Contributing Sponsors: Hire contractor for first visit to apply $ 2,500 $ 0 $ 2,500 chemical and mechanical control as needed 2 12 — Holz Lk Flowering Rush removal (2nd): TOTAL: All project sponsors contractor's follow-up visit to control any $ 1,600 $ 0 $ 1,600 additional plants Grand Totals Total Cash $ Total In -Kind $ 4,300 3 — Hay Lake shoreline survey to inspect for $ 1,200 $ 0 $ 1,200 new FR infestations 4 — Schwanz Lake shoreline survey to $ 900 $ 0 $ 9D0 inspect for new FR infestations 5 — Print laminated quick -reference flowering rush ID cards $ 1,000 $ 0 $ 1,000 6 — Mail information to 1,000 nearby Eagan $ 0 $ 500 $ 500 residents 7 — Develop public materials and information; future AIS management work $ 0 $ 1,900 $ 1,900 plans in collaboration w/ Dakota Co Env Res Dept 8 — Administer grant $ 0 $ 1,900 $ 1,900 Total of Program Objectives $ 7,200 $ 4,300 $ 11,500 P: Include other grant revenue sources, matching dollars, and in-kind contributions for your project, if any. Project Costs Project Sponsors Cash Contribution In-kind Contribution Total Project Support Project Sponsor Contribution $ 4,300 $ 4,300 Other Contributing Sponsors: 1 2 TOTAL: All project sponsors Grant amount requested Grand Totals Total Cash $ Total In -Kind $ 4,300 Total Project Cost $ 4,300 , I certify that my answers are true and complete to the best of my knowledge. Name of Authorized Representative (please print): Jessica J. Koehle Authorized Representative Signature: Date: 10%022017 Dakota County Contract C0029668 Exhibit D EXHIBIT D INSURANCE TERMS Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indicated herein and to otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub -subcontractors, and Independent Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. APPLICABLE SECTIONS ARE CHECKED ® I. Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $500,000. If Contractor is not required by Statute to carry Workers' Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting the specific provision under Minn. Stat. § 176.041 which excludes Contractor from the requirement of obtaining Workers' Compensation Insurance; (2) to provide prior notice to County of any change in Contractor's exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify County from and against any and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers' Compensation or Employers' Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change requires Contractor to obtain Workers' Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insurance coverage. ® 2. General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" rather than on a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Contract), Independent Contractors, "XC&U" and Products -Completed Operations liability (if applicable). Such coverage may be provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. Contractor agrees to maintain at all times during the period of this Contract a total combined general Iiability policy limit of at least $1,500,000 per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy is at least as broad as that afforded by the underlying Commercial General Liability policy (or equivalent underlying policy). Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below. Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar provision) requiring the Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention or participation amount shall not exceed $25,000 each occurrence. ® Such policy(ies) shall name DAKOTA COUNTY, its officers, employees and agents as Additional Insureds thereunder. ®I 3. Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed under this Contract. This amount of insurance shall be at least $1,500,000 per occurrence and aggregate (if applicable). Coverage under such policy may be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract termination. It is understood that such Professional Liability insurance may be provided on a claims -made basis, and, in such case, that changes in insurers or insurance policy forms could result in the impairment of the liability insurance protection intended for DAKOTA COUNTY hereunder. Contractor therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of DAKOTA COUNTY's protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if necessary or appropriate to avoid impairment of DAKOTA COUNTY's protection. Contractor further agrees that it will, throughout the one (1) year period of required coverage, immediately: (a) advise DAKOTA COUNTY of any intended or pending change of any Professional Liability insurers or Dakota County Contract C0029668 Exhibit D policy forms, and provide DAKOTA COUNTY with all pertinent information that DAKOTA COUNTY may reasonably request to determine compliance with this section; and (b) immediately advise DAKOTA COUNTY of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of DAKOTA COUNTY. ® 4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily hijury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non -owned and hired automobiles and other motor vehicles utilized by Contractor in connection with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least $1,500,000 per accident, which total limits may he satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies) shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within the scope of Contractor's Commercial General Liability policy, such Business Automobile Liability policy shall also include coverage for motor vehicle liability assumed under this contract. ❑ Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), shall include DAKOTA COUNTY, its officers, employees and agents as Additional Insureds thereunder. ® 5. Additional Insurance. DAKOTA COUNTY shall, at any time during the period of the Contract, have the right to require that Contractor secure any additional insurance, or additional feature to existing insurance, as DAKOTA COUNTY may reasonably require for the protection of their interests or those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such additional requirement(s). ® 6. Evidence of Insurance. Contractor shall promptly provide DAKOTA COUNTY with evidence that the insurance coverage required hereunder is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, Contractor shall provide DAKOTA COUNTY with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the DAKOTA COUNTY Certificate of Insurance, or in such other form as DAKOTA COUNTY may reasonably request, and shall contain sufficient information to allow DAKOTA COUNTY to determine whether there is compliance with these provisions. At the request of DAKOTA COUNTY, Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager with a complete (and if so required, insurer -certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer provide at least 30 days' notice to DAKOTA COUNTY prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage terms. On the Certificate of Insurance, Contractor's insurance agency shall certify that he/she has Error and Omissions coverage. ® 7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to DAKOTA COUNTY. Such acceptance by DAKOTA COUNTY shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances, DAKOTA COUNTY shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing of any insurer that is not acceptable to DAKOTA COUNTY. If DAKOTA COUNTY does not respond in writing within such 15 day period, Contractor's insurer(s) shall be deemed to be acceptable to DAKOTA COUNTY. ® 8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as required herein, DAKOTA COUNTY shall have the right to purchase such insurance on behalf of Contractor, which agrees to provide all necessary and appropriate information therefor and to pay the cost thereof to DAKOTA COUNTY immediately upon presentation of invoice. ® 9. Loss Information. At the request of DAKOTA COUNTY, Contractor shall promptly furnish loss information concerning all liability claims brought against Contractor (or any other insured under Contractor's required policies), that may affect the amount of liability insurance available for the benefit and protection of DAKOTA COUNTY under this section. Such loss information shall include such specifics and be in such form as DAKOTA COUNTY may reasonably require. ® 10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or injury to the property interests of Contractor. Contractor hereby releases DAKOTA COUNTY, its officers, employees, agents, and others acting on their behalf, from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by way of subrogation or otherwise, for any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of DAKOTA COUNTY or other party who is to be released by the terms hereof; or by anyone for whom such party may be responsible. Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of subrogation agreed to herein. Contractor shall, upon the request of DAKOTA COUNTY, promptly provide a Certificate of Insurance, or other form of evidence as may be reasonably requested by DAKOTA COUNTY, evidencing that the full waiver of subrogation privilege contemplated by this provision is present; and/or, if so requested by DAKOTA COUNTY, Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies). K/CM/Exh/Insure-Prof-Liability-CM.doc Revised: 10/07 Agenda Information Memo November 21, 2017, Eagan City Council Meeting CONSENT AGENDA O. Approve Final Subdivision for Quarry Road Second Addition – United Properties Actions To Be Considered: To approve a Final Subdivision (Quarry Road Second Addition) to create 2 commercial lots upon approximately 4.2 acres located north of Yankee Doodle Road and west of Central Parkway. Required Vote For Approval: Majority of Councilmembers present Facts: The Preliminary Subdivision, approved on July 18, 2017, created two parcels including one for an Aldi grocery store. Development of the property is governed by a Planned Development Agreement. The Final Plat has been reviewed by staff and is consistent with the preliminary approvals. All documents and agreements are anticipated to be in order for execution at the City Council meeting on November 21, 2017. Issues: None Attachments: (3) CO-1 Location Map CO-2 Final Plat CO-3 Development Contract TOWNCENTREDRIVEDCRESTRIDGE LANENOR T H JURDYCTSJU R D Y CTMARICE DRSHERMAN COURTHIGH-SITEDRIVEJURDYROADMARICELEMIEUX CIRNORWESTLOON LANEBLUECROSSROADASHBURYROADBOARDWALKBALTICAVEST.CHARLESPLACECOACHM A N R O A D BOARDWALKPARKPLPACIFICAVEASHBURYCTL A K E V IEWKNOVIOLET LANEFEDERAL DRIVEHUNT DRIVECOACHMANROADCOACHMANROADTOWERVIEW ROADQUARRYQUARRYCT.BLUE CROSS RD.KRESTWOOD LN BIRCHPONDRDCOACHM A N R O A D DRIVE81ST ST WDONALD AVEMCCARTHYROASHIELDSDR.LANECRESTRIDGE DRLETENDRE STCENTRALPARKWAYQUARRY RDCT CRESLANE MEADOWVIEWROADALEX A N D ERRDMCCARTHYRDFARNUMFOUR OAKS RDHERITAGELANEDONALDCOURTCOACHMANROADCENTURY POINTALDENPONDLANERED CEDAR ROADCHERRYWOOD CTPINERIDGEDRIVEWOODLARK LANETOWERVIEW ROADC.S.A.H. NO. 31 (PILOT KNOB ROAD)COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)C.S.A.H. NO. 31 (PILOT KNOB ROAD)COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)RIVEDONALD AVELETENDRE STASHBURY ROADFEDERAL DRIVERIVESURREY HE IG HTSDRIVEWASHINGTONDRIVESTATEHIGHWAYNO.13STATE TRUNK HWY. NODUCKWOOD DRPilotKnobParkSkyHillParkCentralPark ParkMoonshine ParkQuarry ParkFortSnellingState ParkPark01,0002,000500Feet´LegendParcelsBuildingsEagan BoundaryParks§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentLocation MapProject Name: Quarry Road 2nd AdditionRequest: Final SubdivisionCase No.: 09-FS-04-08-17Subject Site R QUARRY ROAD 2ND ADDITION /11 I A C)L)\1 C)n A r'\ O /CID�vr1/\l\ l l\vnv 0 �i 19.56 I I V) '7, I I I U q) Q Oa I I I i 0 I I I I I I I I I I I I I I N89 44'34 sW 384.53 I I I I I I I i• AI I n /n 7 j� �\1A n //fr-r- r- /n r� I r_- �)n A r� ` v.v�. -1.r7. / VL/. �v ( //'1/V/\'LL L1 L-1L_L / k-"/-1 Ll I i I I I I I I I I I I I I 40 0 40 80 120 Scale in feet Scale: 1 inch = 40 feet Vicinity Map Not to Scale LONE OAK ROAD I QUARR ROAp P0�� Site YANKEE DOODLE ROAD Sec. 9, Twp. 27, Rge. 23 Drainage and Utility Easements are shown thus: (No Scale) Being 5 feet in width, unless otherwise indicated, and adjoining lot lines, and 10 feet in width and adjoining right—of—way lines as shown on the plot. The south line of Lot 2, Block 2, QUARRY ROAD ADDITION is assumed to bear N 89°4434" W. O Denotes 112 inch by 14 inch iron rebar set and marked by License No. 23021 • Denotes iron found and marked as License No. 23021, unless otherwise shown Denotes Restricted Access to Dakota County per Doc. No. KNOW ALL PERSONS BY THESE PRESENTS: That United Properties Development LLC, a Minnesota limited liability company, owner of the following described property.' Lot 2, Block 2, QUARRY ROAD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Has caused the some to be surveyed and platted as QUARRY ROAD 2ND ADD/TION and does hereby donate and dedicate to the public for public use the public ways and the drainage and utility easements as created by this plat. In witness whereof said United Properties Development LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officers this day of 20 UN/TED PROPERTIES DEVELOPMENT LLC By By Name Name Its Its Title Title STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on its Notary Public, My Commission Expires by its of United Properties Development LLC, a Minnesota limited liability company, on behalf of the company. and by 1, Craig W. Morse, do hereby certify that this plot was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey, that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year, that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate ore shown and labeled on this plat; and all public ways ore shown and labeled on this plat. Dated this day of Craig W. Morse, Licensed Land Surveyor Minnesota License No. 23021 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on Notary Public, My Commission Expires 20. CITY COUNCIL This plat was approved by the City Council of Eagan, Minnesota, this as set forth in Minnesota Statutes, Section 505.03. Subd. 2. Mayor Clerk day of by Craig W. Morse, Land Surveyor, Minnesota License No. 23021. 20 and hereby certifies compliance with all requirements COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of 20 Todd B. Tollefson Dakota County Surveyor BOARD OF COUNTY COMMISSIONERS We do hereby certify that on the 12th day of September, 2017 the Board of Commissioners of Dakota County, Minnesota approved this plat of QUARRY ROAD 2ND ADDITION and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2 and pursuant to the Dakota County Contiguous Plat Ordinance. Attest Chair, County Board County Treasurer—Auditor DEPARTMENT OF PROPERTY TAXATION AND RECORDS Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 . on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of 20 Director Department of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA Document Number I hereby certify that this plat of QUARRY ROAD 2ND ADD/770A was filed in the office of the County Recorder for public record on this o'clock M., and was duly filed in Book of Plats, Page as Document Number County Recorder Dakota County, Minnesota Deputy day of 20 at RECEA"ED Westwood AUG 17 2017 Professional Services, Inc. Sheet 1 of 1 sheets DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND UNITED PROPERTIES DEVELOPMENT LLC FOR THE DEVELOPMENT OF QUARRY ROAD 2ND ADDITION THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 RBB/sad (206-38751) THIS AGREEMENT, made and entered into the day of 2017, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); and United Properties Development LLC, a Minnesota limited liability company, ("Developer"). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Quarry Road 2nd Addition located within the City; and WHEREAS, the City approved the plat on condition that the Developer enter into this contract and fiirnish the security required by it; NOW, THEREFORE, the City and Developer agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the terms and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer as part of the Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the improvements to or for the Subdivision to be installed or constructed by Developer. Developer - United Properties Development LLC, a Minnesota limited liability company. Whenever the term Developer is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property. 1 Development - The subdivision of the Property and the installation and construction of all Improvements required in order to make the Property suitable for the Developer's intended use, as approved by the City. Development Manager - Rick McKelvey, whose address is 651 Nicollet Mall, Suite 450, Minneapolis, MN 55402, and who is hereby authorized by the Developer to address any and all concerns of the City in regard to the Development and is also designated by the Developer to receive any and all notices, official or otherwise, from the City as required by this Contract. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of Special Assessments, construction of all improvements and payment of the cost of all improvements. Improvements - Improvements required to make the Property suitable for the Developer's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to: grading and drainage; sanitary sewer system; water system; storm sewer; storm water retention ponds; streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland boundaries, mailbox supports and trails and sidewalks, if applicable. Insurance - Public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of Developer's subcontractors or by one directly or indirectly employed by any of them. Owner - Is the fee owner of the Property, any contract for deed holder, or any other person or entity having a legal and/or equitable interest in the fee ownership of the V property. For purposes of this Agreement, the term "Developer" shall include any and all owners. Plat - The subdivision of the Property into lots and blocks, easements, streets and public right-of-ways as shown on the attached Exhibit "A " subject to the conditions attached hereto as Exhibit 'V" Permit to Proceed - A written letter issued by the City setting forth that all conditions precedent to Development have been satisfied and that the Developer may proceed with construction of the Improvements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer into the Plat shown on Exhibit "A " attached hereto. Special Assessments - All costs for improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Storm Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City of Eagan at City Hall. Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. Surveyor- Craig W. Morse, Minnesota License No. 23021, a registered land surveyor licensed to practice in the State of Minnesota. 3 SECTION II PLAT APPROVAL 2.1 Commencement of Improvements. Within the Plat or Property to be platted, the Developer may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied: A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Effect of Subdivision Approval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Engineer, Architect, Landscape Architects, and/or Surveyor with duly noted certification thereon, and shall have been submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: L! Plan I - Plat prepared by: Craig W. Morse, Minnesota License No. 23 02 1. Plan II — Utility Plan dated Oct. 11, 2017, prepared by: Daniel Parks, Minnesota License No. 18919. 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect and/or Surveyor must be in conformance with the Standards adopted by the City. Submission of the required plans by the Developer shall act as a representation by the Developer that the plans are designed properly and that the Improvements will properly function as designed. 3.3 Permits. It is the responsibility of the Developer to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, permits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; appropriate watershed district; Board of Soil and Water Resources; railroads; utility companies; Minnesota Department of Natural Resources; Army Corp of Engineers; Minnesota Pollution Control Agency; Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporated into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with the conditions of such approvals, pennits, and licenses shall be the sole responsibility of the Developer. The Developer agrees to defend and hold the City hannless from any action initiated by a regulatory agency resulting from any failure of the Developer. 5 SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer shall be done in conformance with this Contract; state statutes and regulations; and the City Code and Standards promulgated thereunder. It is understood and agreed that the failure of the City to promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 4.2 Completion Dates. Improvements required shall be completed no later than the following dates: Item: a) Subdivision Lot(s) Corner Pins b) Site Grading, Restoration and Soil Stabilization C) Utilities (sanitary, water, storm sewer) d) Sidewalks Date: December 31, 2017 To occur with building permit within 7 days of completion of grading To occur with building pen -nit To occur with building permit Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Subdivision Lot Corners. Within one (1) year from the date of this Contract, the Developer shall verify by written notice to the City that all Subdivision lot corner pins have been installed. C'1 4.4 License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. SECTION V INSPECTIONS AND COMPLETION 5.1 Clean-up. The Developer shall clean dirt and debris from streets, storm water conveyance systems, ponds, wetlands and adjoining property that resulted from construction work by the Developer, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 No public infrastructure is proposed, and grading, tree mitigation, and landscaping are occurring with the building permit. No Financial Guarantee shall be due with the final subdivision of this property. Any financial guarantees for the future development of Lot 2, Block 1, will be collected with the building permit. SECTION VII PARD AND TRAIL DEDICATION 7.1 Park Dedications. The Developer shall pay a cash contribution in satisfaction of the City's park dedication requirements as provided for by the City Code. Commercial and Industrial Development shall pay the contribution(s) with the issuance of building permit(s)at the rate then in effect. 7.2 Trail Dedication. Trail dedication is satisfied with the construction of public trails with the Quarry Road Addition development. 7 14 SECTION VIII RESPONSIBILITY FOR COSTS 8.1 Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; permits; the cost of persons doing work or fiirnishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including environmental assessments and/or environmental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 8.2 Hold Harmless. The Developer shall hold the City and the City's officers, employees, and agents hannless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Plat approval, the Development and/or the breach of this Contract. The Developer shall indemnify the City and the City's officers, employees, and agents against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 8.3 Reimbursement. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer shall pay in frill all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (30) days of receipt. If the bills are not paid on time, the city may halt construction of the Improvements until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight (8%) percent per year. 01 8.4 Payment of Special Assessments. The Developer shall pay or cause to be paid when due and in any event, before any penalty is attached, all Special Assessments referred to in this Contract. 8.5 Additional Charges. In addition to the charges and Special Assessments referred to herein, other charges may be imposed such as but not limited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 8.6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION IX ASSESSMENTS AND CONNECTION CHARGES 9.1 All Trunk and Lateral fees have previously been collected for this property. SECTION X EVENT OF DEFAULT 10.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract. a) Developer shall fail to perform any of the terms or conditions to be kept or perfonned by Developer under this Contract. b) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under the City Code and/or City Standards. 7 c) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat. d) Developer shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (30) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. f) Failure of the Developer to maintain the required Financial Guaranty or other required security with the City. g) Failure by the bank or financial institution that issued the Financial Guaranty to pay on demand by the City. SECTION XI REMEDIES 11.1 Performance by the CitX. In the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer notice of default forty-eight (48) hours prior to the City performing curative work. 11.2 Assessment. When the City does any work as a result of the Developer's default or upon failure of the Developer to make payment upon billing when due, the City may proceed to 10 assess the costs in whole or in part against the Property, or may proceed to collect, on the Financial Guaranty. It is expressly agreed and understood herein, that this Developer waives any notice of hearing and any rights to objection to the assessments so levied by the City. 11.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer, its agents, contractors, or sub -contractors to cease all or any work being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements on the Property. 11.4 Emer ency. In the event of an emergency, the forty-eight (48) hour notice provision shall be and hereby is waived in its entirety by the Developer and the Developer shall reimburse the City upon being billed thereof for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given. 11.5 Cumulative Rights and Non -Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 11.6 Denial of Building Permits. An event of default shall be grounds for denial or revocation of building permits, including permits issued in connection with lots sold to third parties. SECTION XII RELEASE OF FINANCIAL SECURITY 12.1 General. Periodically upon Developer's written request and upon completion and verification of satisfactory compliance of any installed Improvements, a like percentage of that portion of the Financial Guaranty covering those specific Improvements may be released; except however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Development Contract Requirements. At the time of final 11 Inspection of all Improvements, if it is determined by the City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that the Developer post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. SECTION XII RELEASE OF DEVELOPER LIABILITY 13.1 Release. Upon submittal by Developer of the required As -Built Plans for each Plan identified in Paragraph 3. 1, and payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations under this Contract, save and except for those imposed pursuant to Paragraphs 7, 8.2 and 8.4. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution. SECTION XIII MISCELLANEOUS 14.1 Compliance. The Developer represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision ordinances; zoning ordinances; and environmental regulations. If the City determines that the Plat does not comply, the city may at its option refuse to allow construction or development work on the Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 12 14.2 Authorization. By the execution hereof, the Developer represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 14.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 14.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 14.5 Run with the Land. This Contract shall nun with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer for itself, its successors and assigns, acknowledges that the property shall be affected by the terms and conditions contained herein. 14.6 Non -assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. SECTION XIV NOTICES 15.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 15.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 13 15.3 If to Developer, mail to the Development Manager. IN WITNESS WHEREOF, we have hereunto set our hands and seals. [Signature Pages To Follow] 14 Development Agreement Signature Page for the City CITY OF EAGAN: A Minnesota municipal corporation By: Mike Maguire Its: Mayor Attest: Christina M. Scipioni Its: City Clerk APPROVED AS TO FORM: By: Community Development Department Date: STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of (Seal) APPROVED AS TO CONTENT: --/" By: Eagan City Attorney Date I t 1 f, /17_ , 2017, before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA M. SCIPIONI to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Deputy Clerk acknowledged said instrument to be the free act and deed of said municipality. Notaiy Public 15 Development Agreement Signature Page for the Developer/Owner DEVELOPER/OWNER: United Properties Development LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2017 by , the of United Properties Development LLC, a Minnesota limited liability company, on behalf of the limited liability company. 16 Notary Public EXHIBIT B 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C3, C4, D1, E1, F1, G1, H1, 11 2. The property shall be platted. 3. A revised Landscape and Mitigation Plan shall be provided at the earlier of Final Planned Development or Final Subdivision that redesignates the trees along the north side of Lot 2 as landscaping rather than mitigation, and adds trees elsewhere on the site to fulfill the mitigation requirements. (Satisfied) 4. Additional plant materials shall be added in the area south of the building on Lot 1 building to occupy that space and frame the building, including foundation plants, ornamental or shade trees, and shrub or perennial plant beds. These shall be shown on a revised Landscape and Mitigation Plan to be provided at the time of Final Planned Development. (Satisfied) 5. The applicant shall provide revised Building Elevations for the medical office building on Lot 2 at the time of Final Planned Development that demonstrate compliance with the materials standards in the City Code, increasing the amount of Class I materials and reducing the amount of Class II and III materials, as well as extending design elements to the east elevation similar to the treatment on the north and south elevations. 6. The proposed rooftop mechanical screens on the medical office building on Lot 2 shall be visually integrated in terms of materials, color, shape and size. 7. All trash storage shall be contained within the principal building, or for Lot 1, within the fully screened loading/service area. (Satisfied) 8. The applicant shall provide a revised Site Lighting Plan at the time of Final Planned Development that includes additional photometric data such as minimum, maximum and average footcandle levels within the parking areas on each lot, as well as the average to minimum ratio, which should not exceed 4.0 fc. (Satisfied) 9. A cross -easement for the shared free-standing sign shall be provided at the time of Final Subdivision and prior to issuance of a Sign Permit for construction of the sign. 10. Building signage for the medical office building shall be subject to typical City Code standards. 17 11. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The plan for the installation of fiber optic cable, or a conduit for future installation, shall be provided at the earlier of Final Subdivision or Building Permit. 12. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. representative on-site soil samples/soil organic content and pH, and compaction testing results) shall be provided to City Water Resourcesstaff to verify compliance with approved soil management strategy. City Water Resources staff shall be notified, with 24-hour advance notice, for inspection during soil amendment process, prior to installation of any irrigation, sod, permanent seeding or plant materials„ to verify soil compliance. Provide plan sheet notes/instructions on all applicable plan sheets. (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 13. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Gate valves shall be required on each water service before they enter the building, and all hydrants shall be accessible. 14. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of Final Subdivision approval. 15. A sidewalk connection shall be provided from Lot 1 to the trail along the west property line. (Satisfied) 16. The applicant shall enter into an encroachment agreement for any encroachment of a retaining wall and plaza into a drainage and utility easement, in a form acceptable to the City Attorney. (Satisfied) EXOMIT "All Ik ae8 I 1 I �a x � ppo A z S E�j iv I 2 All ;rt 4 . ... ..... . ----------- lolo o .0os wol.t U6k 3.y6,9t,00N ono EXOMIT "All Agenda Information Memo November 21 2017, Eagan City Council Meeting CONSENT AGENDA P. APPROVE Final Plat (JPMN Addition) – JPMN PROPERTIES LLC Action To Be Considered: To approve a Final Plat (JPMN Addition) for property located at 951 Apollo Road. Required Vote For Approval: Majority of Councilmembers present Facts: Existing conditions present a non-conformity in that the property consists of multiple lots and an outlot with a lot line running through the building and parking located on the outlot. The City Council approved a Conditional Use Permit for outdoor storage of semi- trailers, equipment and bulk storage tanks on September 5, 2017. A condition of approval requires a replat of the property. The 1.4 acre parcel has an 18,000 SF warehouse built in 1971. The Final Plat has been reviewed by staff and the Dakota County Surveyor, and has been approved for mylars. Issues: None Attachments: (2) CP-1 Location Map CP-2 Final Plat C O M M E R S D R NEIL ARMSTRONG BLVDAPOLLO ROAD LUNAR LANEAPOLLO ROAD MIKECOLLINSDRBORCHERTLN JOYCE CTG E M I N I R D ALDRIN DRIVE LONEOAKPARKWAYLONE O A K P A R K W AY KENNETH ST BEATRICE ST MCKEE ST KEEFE ST LONE OAK CIRCLEWESTSERVICEROADHOLIDAY LNHOLIDAY LNCOURTHOUSE LNGRAND OAK CIR EGRAND OAK CIR W S T A T E T R U N K H WY . N O. 1 4 9FIRST STCOUNTY ROAD NO.43 (LEXINGTON AVE.)C.S.A.H. NO.26 (LONE OAK RD.)CO. ROAD NO. 43 LEXINGTON AVENUE SO.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 STATE TRUNK HWY. NO. 55 STATETRUNK HWY.NO.55 LexingtonPark ThresherFieldsPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: JPMNRequest: Final PlatCase N o.: 11-FP-04-10-17 Subject Sit e 0 N r— n iN n n n I r— H-- L V L / / \ L r� 1 i� 1- < 1 1 1 L / L _ \ W JPMN ADDITION Northeast corner of the Northwest Quarter of ---- Section 11, Township 27, Range 23 (Found Dakota County Mag Nail with Disc) I A r1 A r-\ r-\ / 1 I- / 1 1 1 1 1 1 1 1 1 1 1\ I L—/ ♦/ L_ / 1 L / 1 L/ L/ I I I \/ I V `i- L� - N CN 0 S89044'09"E 260.00 LO 5F— , - Easement for Leadline Spur Track Pur oses--------- N p C, I 1. ra/nd9e do I N a� I I t'/'ty 0' I Fdse�e I � r— r1 ►j 0 V 49.73 a _ a� m 1 GI 4-' � N O I w V I i Of per 600\1' 9e 551 rr d \ I �eous Recor s. I uti\\iry �a I , . M\Sce\la 5�-- — l r_. _. _. _. _. —. _. �n �•:_____g.gg '---------- Drainage and Utility Easement -- - ----_. -- ----- N89044'09"W 260.00 - South line of Block 3, EAGANDALE CENTER INDUSTRIAL PARK NO. 3 n rN I 1 O O F 1 A r\ 1 / NI-� n r� L / r— 1 n I n A i� n n 1 r� n 1 /l /1 I _ 1 v �/ �� L — / \ ♦ / / \ I V L I I V L/ �/ �/ 1 1 \ 1/ \ L_ COUNTY STATE AID HIGHWAY NO. 26 LONE OAK ROAD 0 s�rF Q:QzQ m I APOLLO ROAD z NW o 114NE 1 �4 U --------------� Z I Z Q 13 I n I r\ I 1 —1— r\ 1 A 1 I i; ALDRIN DRIVE o V) I I V L/ / / 1 1 \ 1/ \ L_ = C Z J UO N � " E I Y V) YANKEE DOODLE ROAD I STATE AID HIGHWAY NO. 28 o w Section 11, Township 27, Range 23 L No Sco/e Ce z 41 t -0 L C O r6 z I� ------------------ �' 65----------------------- v I w r a _ a� m 1 GI 4-' � N O I w V I i Of per 600\1' 9e 551 rr d \ I �eous Recor s. I uti\\iry �a I , . M\Sce\la 5�-- — l r_. _. _. _. _. —. _. �n �•:_____g.gg '---------- Drainage and Utility Easement -- - ----_. -- ----- N89044'09"W 260.00 - South line of Block 3, EAGANDALE CENTER INDUSTRIAL PARK NO. 3 n rN I 1 O O F 1 A r\ 1 / NI-� n r� L / r— 1 n I n A i� n n 1 r� n 1 /l /1 I _ 1 v �/ �� L — / \ ♦ / / \ I V L I I V L/ �/ �/ 1 1 \ 1/ \ L_ COUNTY STATE AID HIGHWAY NO. 26 LONE OAK ROAD 0 s�rF Q:QzQ m APOLLO ROAD z NW o 114NE 1 �4 Z Z Q W 0 z Q ALDRIN DRIVE o V) SW 1/4 SE 1/4 Z J � U O U Y YANKEE DOODLE ROAD COUNTY STATE AID HIGHWAY NO. 28 Vicinity Map Section 11, Township 27, Range 23 No Sco/e Bearings are based on the South line of Block 3, EAGANDALE CENTER INDUSTRIAL PARK NO. 3 having a bearing of N89044'09"W. • Denotes found 1/2 inch iron monument marked by Minnesota License No. 8612. o Denotes 1/2 inch by 14 inch iron monument set and marked by Minnesota License No. 22036. 0 15 30 60 90 Scale in Feet KNOW ALL PERSONS BY THESE PRESENTS: That JPMN PROPERTIES, LLC, a limited liability company under the laws of the State of Wisconsin, owner of the following described property: Parcel A: The East 22.8 feet of Lot 27, as measured at right angles to the East line thereof, and all of Lots Twenty eight (28) and Twenty nine (29), Block Three (3) in Eagandale Center Industrial Park No. 3, according to the recorded plat thereof. Parcel B: Outlot A in EAGANDALE CENTER INDUSTRIAL PARK NO. 3, according to the recorded plat thereof. Has caused the same to be surveyed and platted as JPMN ADDITION and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat. In witness whereof said JPMN PROPERTIES, LLC, a limited liability company under the laws of the State of Wisconsin, has caused these presents to be signed by its proper officer this day of , 201 . JPMN PROPERTIES, LLC Jay Pakalski, Chief Manager STATE OF COUNTY OF This instrument was acknowledged before me on , 201_ , by Jay Pakalski, Chief Manager of said JPMN PROPERTIES, LLC, a limited liability company under the laws of the State of Wisconsin on behalf of the limited liability company. Signature Printed Notary Public, My Commission Expires County, I, Gary C. Huber do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of STATE OF MINNESOTA COUNTY OF DAKOTA This instrument was acknowledged before me on 201 CITY COUNCIL, CITY OF EAGAN, MINNESOTA This plat was approved by the City Council of Eagan, Minnesota, this as set forth in Minnesota Statutes, Section 505.03, Subd. 2. By Mayor By day of Gary C. Huber, Licensed Land Surveyor Minnesota License No. 22036 201_ , by Gary C. Huber. Signature Printed Notary Public, My Commission Expires Clerk County, 201_ and hereby certifies compliance with all requirements COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of Todd Tollefson Dakota County Surveyor 201_ DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 201_ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 201 . Joel T. Beckman Director Department of Property Taxation and Records REGISTRAR OF TITLES, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of JPMN ADDITION was filed in the office of the Registrar of Titles for public record on this o'clock .M., and was duly filed in Book of Plats, Page , as Document Number Joel T. Beckman Registrar of Titles day of 201_ at Rehder and Associates, Inc. Agenda Information Memo November 21, 2017, Eagan City Council Meeting CONSENT AGENDA Q. APPROVE a Subrecipient Agreement between the Dakota County Community Development Agency and the City of Eagan Actions To Be Considered: To approve a Subrecipient Agreement between the Dakota County Community Development Agency and the City of Eagan to administer Community Development Block Grant funds. Facts: The City of Eagan is a Subrecipient of Community Development Block Grant (CDBG) funding through a Cooperative Agreement between the City and the Dakota County Community Development Agency. As the “Grantee”, the Dakota County CDA is responsible for administration of CDBG funding and requires a Subrecipient Agreement with the City for Eagan to directly administer activities such as Youth and Senior Programming. The Agreement with be in place for three program years and cover programming until June 30, 2020. The Agreement exhibits will be replaced annually as future programming allocations are known. Issues: None Attachments: (1) CQ-1 Subrecipient Agreement CFDA 14.221 SUBRECIPIENT AGREEMENT BETWEEN DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF EAGAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROGRAMS THIS AGREEMENT entered into this day of , 2017 by and between the Dakota County Community Development Agency (herein called the "Grantee") and the City of Eagan (herein called the "Subrecipient"), which pertains to a time period that begins and ends as identified in Section I of this Agreement based on each year's Funding Approval/Agreement (Exhibit B) approved by the U.S. Department of Housing and Urban Development ("HUD"), which identifies July 1 as the date use of funds may begin; and WHEREAS, the Grantee is the administering agency for funds received from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383, to Dakota County as an Urban Entitlement County under the Community Development Block Grant (CDBG) Program; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Grantee and Subrecipient agree as follows: TIME OF PERFORMANCE. Services of the Subrecipient shall start on the first day of July 2017 and end on the last day of June 2020, which is the current Fiscal Year 2017, Fiscal Year 2018 and Fiscal Year 2019 corresponding with the 2015-2019 Dakota County Consolidated Plan and the 3 -year term associated with the CDBG, HOME and ESG Cooperative Agreement for Fiscal Years 2017, 2018 and 2019. This Agreement and the provisions herein remains in effect until it is replaced by a subsequent Subrecipient Agreement. II. SCOPE OF SERVICES. The Subrecipient agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. A. Activities. The Subrecipient will be responsible for the administration of Activities identified in Exhibit A, in a manner satisfactory to the Grantee and consistent with any required standards. Exhibit A shall be amended each Fiscal Year in accordance to the Activities approved for and undertaken by the Subrecipient, including ongoing Activities from previous fiscal years. Page 1 of 46 Eagan Subrecipient Agreement Prohibited Activities. The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; lobbying; political patronage; and nepotism activities. Religious Activities. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000)(2), such as worship, religious instruction, or proselytization. Faith -based organizations are eligible, on the same basis as any other organization to participate in CDBG programs and activities in accordance with 24 CFR 5.109(b) and 24 CRF 570.2000)(1) provided that the organizations do not engage in any inherently religious activities as part of the programs or services supported by CDBG funds. B. National Objectives. The Subrecipient will provide documentation to certify that the Activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's national objectives, including: (1) benefit low - and moderate income persons; (2) aid in the prevention or elimination of slums and blight; and (3) meet community development needs having a particular urgency. As required in 24 CFR Part 570.200(a)(2) and as defined in 24 CFR Part 570.208 (Exhibit E). C. Use of Funds. The Activities identified in Exhibit A can begin to incur costs no sooner than July 1 of each year or as indicated in Exhibit C. III. FEDERAL COMPLIANCE. The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570, concerning CDBG including Subpart of these regulations, except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities described at § 570.604; and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal regulations and policies enumerated below as they apply to the performance of this Agreement. A. Citizen Participation. Comply with all HUD citizen participation requirements under the Dakota County HOME Consortium Citizen Participation Plan (CPP) and conformance with 24 CFR 91.105. The CPP can be found on the Dakota County CDA website at www.dakotacda.state.mn.us B. Environmental Conditions. Ensure program compliance with the following federal regulations. Air and Water. a. Clean Air Act, 42 U.S.C, 7401, et seq.; b. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Page 2 of 46 Eagan Subrecipient Agreement c. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). iii. Lead -Based Paint. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. iv. Historic Preservation. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are 50 years old or older, or that are included on a Federal, state, or local historic property list. C. Environmental Review. The Grantee shall insure that all Activities comply with environmental review requirements, unless otherwise stated herein. This would include the Grantee's completion of a study and assessment of each Activity in conformance with the National Environmental Policy Act of 1967. The Subrecipient shall furnish the Grantee a copy of any updated environmental report. D. Acquisition and Relocation. The Subrecipient agrees to comply with all aspects of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or Page 3 of 46 Eagan Subrecipient Agreement conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. (Exhibit D). E. Labor Standards. The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7. The Subrecipient is required to insert in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The Grantee will be the contact for all contracts subject to such regulations and oversee the implementation of the hour and wage requirements of this part. The Grantee will maintain the documentation that demonstrates compliance. F. Affirmatively Furthering Fair Housing_ In accordance with the Fair Housing Act (42 U.S.C. 3601-3620), the subrecipient will administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. G. Equal Opportunity Compliance. The Subrecipient shall maintain compliance with the provisions of Section 3 of the HUD Act of 1968, as amended; Women and Minority Owned Businesses requirements; Federal Equal Employment Opportunity Act, Executive Orders and Civil Rights Act of 1964 as specified in 24 CFR 135.20. i. "Section 3" Clause. The Subrecipient agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located. Where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. Award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns Page 4 of 46 Eagan Subrecipient Agreement that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located. Where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Women and Minority Owned businesses (W/MBE). The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty- one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African- Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. iii. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. iv. All other Federal Acts or Regulations and requirements of HUD, including but not limited to Executive Order 11246 prohibiting discrimination in employment contracts, and directing government contracts to establish and maintain affirmative action. H. Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: Page 5 of 46 Eagan Subrecipient Agreement a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds; b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. Compliance with Common Rule and Uniform Administrative Requirements. The Subrecipient shall comply with all applicable requirements at 24 CFR 570.502 and 2 CFR 200. J. Certification of Non -Debarment. The Subrecipient must provide certification regarding debarment, suspension, ineligibility and voluntary exclusion for all covered transactions as listed in Exhibit A. By signing this Agreement, the Subrecipient certifies that it has procedures in place consistent with regulations implementing 2 CFR, Part 2424 and has provided such certification. IV. ADMINISTRATIVE REQUIREMENTS A. Records to be Maintained. The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; ii. Records required to determine the eligibility of activities; iii. Records of all program claims and disbursements. The Subrecipient shall prepare a Request for Reimbursement Form (Exhibit G) listing all claims certified and paid by the Subrecipient for Activities and submit this Form to the Grantee iv. Ensure compliance with 3 -day rule requirements once funds are received by the Subrecipient from the Grantee. v. Provide the Grantee with information necessary to submit reports as outlined in 24 CFR 570.507. vi. Submit to the Grantee quarterly progress reports of any outstanding Activities. The status report shall be submitted to the Grantee by or before the 30th of October, January, April, and July. Page 6 of 46 Eagan Subrecipient Agreement B. Record Retention. The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to Agreement a period of three (3) years from the date of submission of the final expenditure report or three (3) years after the grant is closed, whichever is longer. Such records shall be made available for audit or inspection at any time upon request of the Grantee or its authorized representative. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues. i. Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. ii. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited. Unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. C. Program Income. The Subrecipient shall report all program income as defined in 24 CFR 570.500(a) generated by activities carried out with CDBG funds. The Subrecipient shall return all program income immediately to the Grantee except for revolving accounts approved by the Grantee. Program income will be disbursed according to the Program Income Policy attached as Exhibit H. D. Reversion of Assets. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds under this Agreement at the time of expiration, cancellation, or termination. Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be: i. Used to meet one of the national objectives in 24 CFR Part 570.208 (Exhibit E) until five (5) years after the expiration of this Subrecipient agreement; or ii. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. iii. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for Page 7 of 46 Eagan Subrecipient Agreement activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. E. Audit. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. i. The Subrecipient shall make available an audit or, upon prior approval by the Grantee, a copy of their financial statements for the fiscal years the grant is in effect. Audits must be performed by a Certified Public Accountant in accordance with generally accepted auditing principles and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200. V. ADMINISTRATION COSTS. In consideration of the prompt and efficient carrying out of the requirements of this Agreement and 24 CFR Part 570, Subpart J, the Subrecipient may request that the Grantee reimburse the Subrecipient based on general administration budgets identified in Section VI. Such administration costs shall come solely from CDBG sources. Accurate records of administrative costs shall be kept by the Subrecipient, and billing shall be made at such times as are convenient to implement the Grantee's requisition for funds from HUD and no less frequently than quarterly. For the purposes of this Agreement, general administration costs are defined as follows: A. Salary costs actually incurred by the Subrecipient for time expended by its employees on all phases of the activity/project. i. Accrual costs such as flex leave/vacation or a severance pool are disallowed. B. Mileage, supplies and publication costs. C. Proportionate share of allowable overhead expenses figured on time expended basis. D. Costs incurred through attendance at applicable development conferences within the term of this Agreement, including registration fees and travel expenses. Conference attendance shall be for the purpose of gaining additional information on CDBG regulations and/or program activity implementation. VI. BUDGET. This Agreement replaces all previous Subrecipient Agreements and is applicable to prior fiscal year(s) Activities which are not yet completed and to new Activities programmed for CDBG Grant Fiscal Years 2017 through 2019 as outlined in Exhibit A. It is understood that the Funding Approval/ Agreement (HUD 7082) which is attached hereto as Exhibit B is based upon program budgets reflecting actual receipt of CDBG funds from HUD of which a designated portion is allocated to the Subrecipient as the Page 8 of 46 Eagan Subrecipient Agreement maximum amount available for each Fiscal Year. The annual allocation amount is based on a formula allocation provided by HUD and approved by the Dakota County Board of Commissioners. Some or all of the Subrecipient's total annual allocation will be administered by the Subrecipient and is covered by this Agreement. VII. OBLIGATIONS AND RESPONSIBILITIES. The Subrecipient agrees to assume and carry out the Grantee's obligations and responsibilities under: A. The Cooperation Agreements entered into between Dakota County and the Subrecipient concerning the Dakota County CDBG Program; and B. The Supplemental Agreements to the aforementioned Cooperation Agreements entered into between Dakota County and the Subrecipient. C. A Subrecipient's failure to comply with any provision of this Agreement may lead to corrective actions by the Grantee. The Grantee shall provide the Subrecipient with written notice of the Subrecipient's failure to comply with certain provisions. The Subrecipient will have fifteen (15) days upon receipt of the notice to respond in writing as to the corrective action that will be taken. Failure to respond to the notice and/or to implement the proposed corrective action(s) to the Grantee's sole and full satisfaction will cause the Grantee to take remedial action, including, but not limited to the following: i. Reimbursement requests will not be processed by the Grantee; ii. CDBG funds will be recaptured from the Subrecipient that have already been expended or obligated; and/or iii. The Grantee will terminate this Agreement. D. The Grantee has the right to require the Subrecipient to repay CDBG funds if any of the following conditions occur: i. HUD requires payback for any reason; ii. The Grantee has not been informed of a service or program change by the Subrecipient and has expended funds for such purposes; iii. The Grantee has decided that a cost was disallowed or unauthorized after the Subrecipient obligated such cost; or iv. The Subrecipient receives funds, rebates or interest on CDBG reimbursed expenses, and it has not forwarded these funds to the Grantee. VIII. PERFORMANCE MONITORING. The Grantee will monitor the progress and performance of the Subrecipient by timely expenditure of allocations and by conformance with CDBG program regulations. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. A. Timeliness. HUD requires that sixty (60) days prior to the end of the Grantee's program year, the amount of non -disbursed CDBG funds be no more than 1,5 times the entitlement grant for its current program year. The Subrecipient will Page 9 of 46 Eagan Subrecipient Agreement be held to the same timeliness test and is expected to have no more than 1.5 times the allocation as of May 2nd each year. B. Grant -Based Accounting. As of the 2015 Fiscal Year, HUD has implemented grant -based accounting for the CDBG program. The Subrecipient must expend grant allocations within four (4) years. The expenditure deadline can be found on Exhibit A. C. Reallocation & Recapture. Reallocation of funds, if necessary to meet the 1.5 spenddown ratio requirement, will be done according to the CDBG Contingency Plan attached in Exhibit I. The Grantee has the right to recapture unexpended or unobligated funds that are older than four (4) years prior to the current Fiscal Year. Recaptured CDBG funds will be added to an approved Countywide CDBG Activity or a competitive pool. D. Quarterly Reporting. The Subrecipient shall provide quarterly reporting to the Grantee by the 30th day of October, January, April, and July. Reporting shall include all outstanding Activities as listed on Exhibit A. E. Onsite Monitoring. The Grantee may perform onsite monitoring of the Subrecipient to assure compliance. Results of monitoring efforts shall be summarized in written reports and document follow-up actions to be taken to correct areas of noncompliance. IX. GENERAL CONDITIONS. The following shall apply to the Subrecipient and this Agreement: A. Independent Contractor. For the purpose of this Agreement, the Subrecipient shall be deemed an independent contractor, and not an employee of the Grantee. Any and all employees of the Subrecipient or other persons, while engaged in the performance of any work or services required by the Subrecipient under this Agreement, shall not be considered employees of the Grantee; and any and all claims that may or might arise on behalf of said employees or other persons as a consequence of any act or omission on the part of said employee or the Subrecipient shall in no way be the obligation or responsibility of the Grantee. B. Hold Harmless. It is further agreed that the Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, demands, actions, judgements or causes of action arising out of any act or omission on the part of the Subrecipient, its agents, servants, or employees in performance of, or with relation to, any of the work or services performed or furnished by the Subrecipient under the terms of the Agreement. It is further agreed that the Subrecipient shall notify the Grantee of any actual or potential claims against the Grantee that may arise as a consequence of any of the work or services performed or furnished by the Subrecipient under the terms of this Agreement. Page 10 of 46 Eagan Subrecipient Agreement C. Transfer. The Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment or subcontract, without the prior written consent of the Grantee. D. Amendments. Any alteration, variation, modification, or waiver of a provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties, with the exception of Administrative Amendments defined as any revision to the original annual budget (Exhibit A). Any request to amend the annual budget, create or cancel an activity, or change the national objective will require written approval by the Subrecipient and may be subject to the Citizen Participation Plan. The Grantee retains the right to make Administrative Amendments without the approval of the Subrecipient for substandard performance of timely expenditure. E. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by either party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive. F. Liability. Notwithstanding any other provision of this Agreement to the contrary, the Subrecipient shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this Agreement by the Subrecipient, and the Grantee may withhold any payments to the Subrecipient for the purpose of set-off until such time as the exact amount of damages due the Grantee from the Subrecipient is determined. G. Entire Agreement. This Agreement, as well as Exhibits A through I, which are attached hereto and incorporated herein by reference, shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. H. HUD Approval. It is expressly understood between the parties that this Agreement is contingent upon the approval of HUD and its authorization of grant monies to the Grantee for the purpose of this Agreement. Violation of Law. Should any of the above provisions be subsequently determined by a Court of competent jurisdiction to be in violation of any Federal or State Law or to be otherwise invalid, both parties agree that only those provisions so adjudged shall be invalid and that the remainder of this Agreement shall remain in full force and effect. J. Discrimination. The Subrecipient agrees to comply with all Federal, State and local laws and ordinances as they pertain to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. Page 11 of 46 Eagan Subrecipient Agreement K. Applicable Laws. The Subrecipient further agrees to comply with all Federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Subrecipient performance of the provisions of this Agreement. L. State Law. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. M. Suspension and Termination. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any of the provisions hereof, and the award may be terminated for convenience in accordance with 24 CFR 85.44. Such termination shall occur thirty (30) days after receipt by the Subrecipient of written notice from the Grantee specifying the grounds therefore, unless, prior to such date, the Subrecipient has cured the alleged nonperformance of the provisions of this agreement. X. CERTIFICATION FOR CONTRACT, GRANTS, LOANS AND COOPERATIVE AGREEMENTS. The Subrecipient certifies, to the best of its knowledge and belief, that; A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. D. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this agreement imposed by section 1332, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 12 of 46 NOTICE. Written notice to be provided under this Agreement shall be provided as follows: For the Grantee: Tony Schertler, Executive Director Dakota County CDA 1228 Town Centre Drive Eagan, MN 55123 For the Subrecipient: Dave Osberg, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 IN WITNESS WHEREOF, the Grantee and the Subrecipient have executed this Subrecipient Agreement on the date indicated below. City of Eagan Dakota County CDA The Subrecipient The Grantee By By Tony Schertler Its Its Executive Director Date of Signature Date of Signature Page 13 of 46 EXHIBITS A. City of Eagan CDBG Activities and Budgets B. Funding Approval/Agreement (HUD 7082) C. Authority to Use Grant Funds (HUD 7015.16) D. Dakota County Anti -Displacement Policy E. 24 CFR Part 570.208 (National Objectives) F. 24 CFR Part 570.600-614 (Subpart K) G. Request for Reimbursement Form H. Program Income and Reuse Policy I. Contingency Plan/Timeliness of Expenditures Page 14 of 46 Eagan Subrecipient Agreement Exhibit A EXHIBIT A TO SUBRECIPIENT AGREEMENT DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF EAGAN CDBG funds will be committed to the following Activities after July 1, 2017. Exhibit A will be amended as needed on an annual basis through the term of this Agreement. CURRENT YEAR ALLOCATION — 2017 All funds must be expended by June 30, 2021 ➢ Activity 1: HOMEOWNER REHABILIATION LOAN/GRANT PROGRAM • Description: The Homeowner Rehabilitation Loan Program is to assist low- and moderate -income homeowners in improving and maintaining their homes in a decent, safe and sanitary condition. The program offers 0% deferred loans to homeowners at 80% of median income or below. • Schedule: Ongoing • Budget: $144,279.00 ➢ Activity 2: PUBLIC SERVICE — DAKOTA HILLS MIDDLE SCHOOL • Description: Funds will be used to support an afterschool and summer recreation based program to be held at Dakota Hills Middle School. Activities include sports, games, art, dance, science, homework help, and leadership development. The goal is to encourage youth to engage in activities that will improve their connection to school and community in a safe learning environment. Schedule: Ongoing Budget: $18,000.00 ➢ Activity 3: PUBLIC SERVICE — DAKOTA WOODLAND YOUTH • Description: Funds will be used to support a year-round recreation program for children staying at the Dakota Woodlands homeless shelter. The program is to offer recreational opportunities for children to help develop physical and social skills in a safe environment. Activities will include art, fitness, sport and games and field trips. Schedule: Ongoing Budget: $4,000.00 ➢ Activity 4: PUBLIC SERVICE — SENIOR SERVICES • Description: Programming is provided for a growing senior population to help provide opportunities that focus on keeping them active, challenged and independent. Program activities focus on health and wellness such as Yoga, Tai Chi, watercolor painting, nutrition and personal development classes. • Schedule: Ongoing • Budget: $10,500.00 Page 15 of 46 Eagan Subrecipient Agreement Exhibit A ➢ Activity 5: PUBLIC SERVICE - PRE-SCHOOL PROGRAM • Description: Program funds used to defray costs to six (6) underserved eligible families with children aged 2-5 years old so that they may participate in pre-school activities provided through the City of Eagan Parks and Recreation Department. Schedule: Ongoing Budget: $2,500.00 ALLOCATION YEAR — 2016 All funds must be expended by June 30, 2020 ➢ Activity 1: HOMEOWNER REHABILIATION LOAN PROGRAM • Description: The Homeowner Rehabilitation Loan Program is to assist low- and moderate -income homeowners in improving and maintaining their homes in a decent, safe and sanitary condition. The program offers 0% deferred loans to homeowners at 80% of median income or below. • Schedule: Ongoing • Remaining Budget as of 10/9/17: $148,077 ➢ Activity 2: HOMEOWNER REHABILIATION — WEATHERIZATION PLUS PROGRAM • Description: The Weatherization Plus program combines the focus on energy efficiency of the Weatherization Program with the expanded income limits and repayment component of the Home Improvement Loan program. Eligible homeowners will receive zero interest loans up to an estimated $7,500 available to households with an annual income of 50% - 80% AMI. • Schedule: Ongoing • Remaining Budget as of 10/9/17: $5,000.00 ➢ Activity 3: PUBLIC SERVICE — DAKOTA HILLS MIDDLE SCHOOL • Description: Funds will be used to support an afterschool and summer recreation based program to be held at Dakota Hills Middle School. Activities include sports, games, art, dance, science, homework help, and leadership development. The goal is to encourage youth to engage in activities that will improve their connection to school and community in a safe learning environment. Schedule: Ongoing Remaining Budget as of 10/9/17: $8,319.65 ➢ Activity 4: PUBLIC SERVICE —DAKOTA WOODLAND YOUTH • Description: Funds will be used to support a year-round recreation program for children staying at the Dakota Woodlands homeless shelter. The program is to offer recreational opportunities for children to help develop physical and social skills in a safe environment. Activities will include art, fitness, sport and games and field trips. Schedule: Ongoing Remaining Budqet as of 10/9/17: $2,721.68 ➢ Activity 5: PUBLIC SERVICE — SENIOR SERVICES • Description: Programming is provided for a growing senior population to help provide opportunities that focus on keeping them active, challenged and independent. Page 16 of 46 Eagan Subrecipient Agreement Exhibit A Program activities focus on health and wellness such as Yoga, Tai Chi, watercolor painting, nutrition and personal development classes. • Schedule: Ongoing • Remaining Budget as of 10/9/17: $10,500.00 ➢ Activity 6: PUBLIC SERVICE - PRE-SCHOOL PROGRAM • Description: Program funds used to defray costs to six (6) underserved eligible families with children aged 2-5 years old so that they may participate in pre-school activities provided through the City of Eagan Parks and Recreation Department. • Schedule: Ongoing • Remaining Budget as of 10/9/17: $330 ALLOCATION YEAR — 2015 All funds must be expended by June 30, 2019 ➢ Activity 1: HOMEOWNER REHABILIATION LOAN PROGRAM • Description: The Homeowner Rehabilitation Loan Program is to assist low- and moderate -income homeowners in improving and maintaining their homes in a decent, safe and sanitary condition. The program offers 0% deferred loans to homeowners at 80% of median income or below. • Schedule: Ongoing • Remaining Budget as of 10/9/17: $46,669.00 ➢ Activity 2: HOMEOWNER REHABILIATION — WEATHERIZATION PLUS PROGRAM • Description: The Weatherization Plus program combines the focus on energy efficiency of the Weatherization Program with the expanded income limits and repayment component of the Home Improvement Loan program. Eligible homeowners will receive zero interest loans up to an estimated $7,500 available to households with an annual income of 50% - 80% AMI. Schedule: Ongoing Remaining Budget as of 10/9/17: $5,000.00 ➢ Activity 3: PUBLIC SERVICE — SENIOR SERVICES • Description: Programming is provided for a growing senior population to help provide opportunities that focus on keeping them active, challenged and independent. Program activities focus on health and wellness such as Yoga, Tai Chi, watercolor painting, nutrition and personal development classes. • Schedule: Ongoing • Remaining Budget as of 10/9/17: $13,000.00 ALLOCATION YEARS SUBJECT TO RECAPTURE Any funds listed below may be subject to recapture as discussed in Section VI II of the Agreement if not expended by June 30, 2018. ➢ Activity 1: HOMEOWNER REHABILIATION LOAN PROGRAM • Description: The Homeowner Rehabilitation Loan Program is to assist low- and moderate -income homeowners in improving and maintaining their homes in a decent, safe and sanitary condition. The program offers 0% deferred loans to homeowners at 80% of median income or below. Page 17 of 46 Eagan Subrecipient Agreement • Schedule: Ongoing • Remaininq Budget as of 10/9/17: $35,927.08 Exhibit A ➢ Activity 2: HOMEOWNER REHABILIATION — WEATHERIZATION PLUS PROGRAM • Description: The Weatherization Plus program combines the focus on energy efficiency of the Weatherization Program with the expanded income limits and repayment component of the Home Improvement Loan program. Eligible homeowners will receive zero interest loans up to an estimated $7,500 available to households with an annual income of 50% - 80% AMI. • Schedule: Ongoing • Remaining Budget as of 10/9/17: $4,610.00 ➢ Activity 3: PUBLIC SERVICE —SENIOR SERVICES • Description: Programming is provided for a growing senior population to help provide opportunities that focus on keeping them active, challenged and independent. Program activities focus on health and wellness such as Yoga, Tai Chi, watercolor painting, nutrition and personal development classes. • Schedule: Ongoing • Remainin_q Budget as of 10/9/17: $11,453.04 Page 18 of 46 Eagan Subrecipient Agreement EXHIBIT B TO SLIBRECIPIENT AGREEMENT Exhibit B Funding ApprovaVAgreement U.S. Department of Housing and Urban Development Title I or the Housing and Community Office of Community Pit rining and Development Development Act (Public Law 930,193) Community Development Block Grant Program OMB Approval No. 2506-0193 RI -M 114t? nr,)Al I q2 exp 5/31/2018 Dakota County Community Developinnism Agency 4112S0M 9631DS[21_ Iliamests ConTlele Address (as shown in hem 5 of Standard Form 424) 4. Date u -s of funds may begin (nimiddlyN 1228 Town Centre Drivc-, 5a. Proo, `Grdrit No. 1 6a.Aincunt AN= Eagan, MN 55123-1066 B-17-'JC�Y7-0003 S1,780,366,00 $b. Prolot 170MI—No i— 6E,. Anount App -to VrilTuAgreemenu iniderrant Agreement mwccn the ocpartrucat of mousing ani urban Vevoopi-tent (KVV) Grld the awve named qVintecat made pursuant to the am horit y c, r Tii tie I of the Housing and Community n cc)opmcat Act or 1974, as a mendiaJ, (42 USC 3�O I tu scq,). The Granites submissions for Tice I assi stanoe. the HU I) regulations ons a t 24 CM Pan 570 (as now in effect and ai may be amended from time to tire;:), and *6.'runshng, Approval, including any special conditions, constitute part of1li--Apreemem. Subject to the provisions of this Grant Agreement, HUI) will make the rundin., au;sraiuc specified hem available to the Grantee upon execution of the Agreement by the panics, The funding assistance specified in the Funding Approval may be sed to pay costs Incurred after the date specified in ite n 4 above provided the activities to which such costs are related sit carried out ini.-impli4nce with Oil applivao,t roquorumems, Pro-agmemem costs may W be paid with funding assistance specified hem unless they an authorized in HUI) regulations or approved by waiver and 141-A in the ",;ial witilitions to the Funding Approrml. The Ornmee arrees to assume all of it,: responsibilities for environmental review, decision making, and actiorry as specified and mjulm4 In regulautim issued by the Secretary pur",ant to Section J"g) of Title I and published in 24 CFR Pan 58. The Grantee furificr aci;notat dg its r,4sponrsibility for sidlacivncc it) the Airicim -it by win. tonin— —1 it i"' f. -h" if —V— ft—ii— —i.'— 1, --A— n -V-5—.Depar1W0—n1zRuftand LithwDevelopment (By Name) Grantee Name Marcia Kalb Dukvt Couwy Community Dewtopmerit Agency T6 Title CPD Director saislube IJj9—(WM/d&M) SEP 2 2 2017 —Signat--." Data TF) eil'1 ll) l51"! 7. Category of Th»e I Assistance lot',tis Fundnip Act n: S. spr"al Cof d:; ons (ch one) ea, Uio HUD BacjN,:d Submki!;in I !L1 10. check cria 0 a. Orig. Fund' ag FqWmient, Scc 106(b) None 9'AH*Vachad plaial [3 b� ApAmandincM , W CS, wed so(t -WIMY) Antandruent Number -3c- j 68-C I'Ift-tProgram Y a at (040 017) ;Macml Of C=ffW.Lty Deveklpmstt Block Grant FY (201'A FY (2016) FYI_ $1750,216.00 S Mlw b. FO -1 cow haing Approved r- Reservation to be da—rANd (Ilam silti) 12s. knour, of Loan 66arantese Commitment now beinj Approvrd 12b, Nam and comp.0e A Winn; of Pub::-; Agiricy N/A Dakota County C-3mminhy Development Agency 1228 Town C�mtrc Drive Loan Guarantee Acceptance Provisions for Designated Agencies- The public agency hereby aoccpts the Grimt Agreement axecutdd by the Eagan, MN 55123.10(6 Depaintrent of HooJnS and Urban Dev'Iap=m on the above date with respect to the above gram numberts) as Crastec designated to reeciw loan paramec aLsisaince. and agrees to comply with the terms and oontiftions 12c, Name Of ALIxitzed Gficlid for De rated Public Agency of the Agreement, appi cable regulations, and other rcquirewents or HUD now or bete3fter in cir�t. penairting to the assistance provided it. , Ift Signature HUD Accounting use Only Effectlire Date Balz:h TAC Program Y A Reg Area Docanerif No. Profact Nuirber Cala )Ory Amourtt (mmift" F 1 IBI 176 Y FT Prc;aal Nunber Amount EH 0 I =- 11 1= Y Proiiicl Number mount we alerted PA 9 (rr,,AkkVyM) Date Entered LOCCS (mmfdftj) BatchNoinber Tri 1'anOotu Enlorad vt-iosa By j 21 CFR 570 form HUD -71.32 55115 ) 'Y Page 19 of 46 Eagan Subrecipient Agreement EXHIBIT C TO SUBRECIPIENT AGREEMENT Exhibit C Exhibit Not Applicable for Subrecipient for Fiscal Year 2017 Page 20 of 46 Eagan Subrecipient Agreement Exhibit D EXHIBIT D TO SUBRECIPIENT AGREEMENT 2017 DAKOTA COUNTY ANTI -DISPLACEMENT POLICY PART I. MINIMIZING DISPLACEMENT It is the goal of Dakota County to minimize displacement of persons from their homes and neighborhoods when utilizing Community Development Block Grant (CDBG) or HOME Investments Partnership Program (HOME) funds. Displacement has been defined as the involuntary movement of a household from a dwelling as a result of its acquisition, rehabilitation or demolition when funded in whole or In part with CDBG or HOME funds, or if funded with non-CDBG/HOME when the activity is a prerequisite for some other CDBG/HOME funded activity. Displacement also includes involuntary movement of a business from a commercial property. In an effort to minimize displacement of households, the following steps will be taken: With the exception of lead based paint hazard reduction, owner occupied properties will rot be rehabilitated if displacement is expected to occur. To safely reduce the hazards of lead based paint, the occupants must vacate the impacted areas until a clearance test determines the area is safe. When the impacted areas include the sole means of entry or all entries to the dwelling; the kitchen or food preparation areas, or the sole bathroom or all bathrooms, or the entire dwelling area, the occupants must completely vacate the unit until a successful clearance test is received after the completion of the lead based hazard reduction work. Relocation is voluntary. The homeowner will sign a waiver form acknowledging that they are relocating voluntarily, and that the CDA is not responsible for any costs associated with the relocation, other than a stipend payment of $500.00 that is payable to the homeowner when it is necessary to vacate the residence for a continuous time of 24 hours (or one full day and one full night) during the course of the lead based paint hazard reduction work. 2. Businesses will not receive loans for rehabilitation or expansion if any residential displacement would occur as a result of the rehabilitation or expansion unless such activities are essential for economic development of a community. 3. If acquisition or demolition activities require displacement of a household, the acquiring entity will follow the procedures established in Part i I (Displacement Action Policies). 4. Code enforcement activities and neighborhood groups will not receive CDBG or HOME funds, therefore eliminating the possibility of displacement through code enforcement or through the activities of a neighborhood group. PART II. DISPLACEMENT ACTION POLICIES A. Eligible households as defined by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the Uniform Act) that are displaced as a result of CDBG or HOME funded activities will be eligible for moving and/or rental payments at levels as described in the Uniform Act. Persons displaced as a result of CDBG/HOME funded activities will be eligible for moving and/or rental payments at levels described in the Uniform Act. 2. Referrals will be made to agencies that furnish financial counseling, health and social services, or other services that may be helpful to displaced persons. Page 21 of 46 Eagan Subrecipient Agreement Exhibit D 3. Low- and moderate -income persons will be given a displacement priority for admission to Low Income Public Housing and Section 8 Housing Assistance Program in Dakota County. 4. All affected persons will be informed of their rights under the policies and procedures set forth under the regulations in the Uniform Act, including their rights under Title VI of the Civil Rights Act of 1964 and Title Vlll of the Civil Rights Act of 1968. 5. The projects will be planned and implemented in a manner so as to minimize hardship to the site occupants and involve the least possible degree of displacement in accordance with the needs of the program and the persons displaced. 6. Efforts will be made to provide those persons to be displaced as a result of the activities of the project an opportunity to obtain comparable replacement housing that is: • within their financial means and meets their needs; • reasonably accessible to their places of employment, potential employment, transportation and other commercial and public facilities; and • available on a non-discriminatory basis 7. Displaced businesses will be eligible for benefits as required by the Uniform Act. B. Persons displaced through any rental rehabilitation activities will be assisted in accordance with the Uniform Act or through a process including the following actions: Permanent displacement of a low-income person or family will not occur as a result of CDBG or HOME funded activities unless: a. A rental assistance voucher or certificate is available to the person or family that allows them to move to a comparable affordable unit; or b. An acceptable comparable affordable unit is located for the person or family without the provision for rental assistance, and the person or family willingly moves to such a unit; and C. The acquiring entity follows the regulations of the Uniform Act. 2. If it is necessary to temporarily displace tenants in order to accomplish the rehabilitation, it is the responsibility of the owner of the rental unit to reimburse the tenants for their expenses or inconvenience associated with such temporary displacement, according to applicable state and federal laws. Page 22 of 46 Eagan, Subrecipient Agreement Exhibit d Relocation, Displacement, and Replacement Housing Plan for the 2017 Dakota County CDBG Program In accordance with the requirements of 24 CFR 507.606 (c)(1)(iii), the following Pian has been prepared and shall be applicable to the activities listed herein funded through the Dakota County Community Development Block Grant Program (CDBG). This plan is public and is part of the Subrecipient Agreements between the Cities undertaking the activities and the Dakota County CDA governing administration of the CDBG Program. The following activities involve vacant structures and/or voluntary transactions. If involuntary displacement occurs, the acquiring entity will follow provisions of the Uniform Act. 1. Proposed CDBG Activities Which Involve Acquisition, Demolition, or Conversion A. South St. Paul — Acquisition and demolition of substandard, blighted, and dilapidated residential properties in the City of South St. Paul. B. Lakeville —Acquisition and demolition of substandard and blighted property located in the City of Lakeville. 2. Location and Type of Housing Units Affected; Actions to be Taken A. South St. Paul - Housing units acquired and demolished will be located throughout the City of South St. Paul. Units affected will be those units that are vacant, uninhabitable, under code enforcement orders, repossessed by the VA or FHA, or otherwise substandard or causing a blighting influence on the surrounding neighborhood. Some acquisitions may be owner initiated. Acquired units will undergo an inspection to determine the feasibility of rehabilitation. When rehabilitation is physically and economically infeasible, acquired units will be demolished. Public notices will announce the units identified for acquisition and demolition or rehabilitation. The South St. Paul HRA anticipates that acquired properties will be vacant or the residents will voluntarily relocate, if involuntary displacement does occur, the South St. Paul HRA will follow the provisions of the Uniform Act. B. Lakeville —The City will acquire substandard vacant, uninhabitable, or otherwise substandard properties that cause a blighting influence on the surrounding neighborhoods. The City has not yet identified property that will be acquired, but will do so as the property becomes available. As properties are identified for acquisition and clearance, the locations will be published. It is anticipated that properties being acquired will be vacant or voluntarily acquired with no threat of condemnation or eminent domain by the City. If involuntary displacement does occur, the provisions of the Uniform Act will be followed. 3. Schedule for Project Implementation The activities under this project will generally occur between July 1, 2017 and June 30, 2018. 4. Replacement Units Where units must be replaced in accordance with the regulations cited above, the Cities will cooperate and coordinate with the Dakota County CDA and the Twin Cities Chapter of Habitat for Humanity, or with other groups/entities as appropriate, to provide replacement units that are created either on the sites cleared or at other locations within the participation area for the Dakota County CDBG Program. Please see attached list for replacement units already constructed or in planning stages. Page 23 of 46 Eagan Subrecipient Agreement Exhibit D 5. Ten Year Affordability Assurance The Family Housing units constructed, owned, and/or managed by Dakota County CDA are intended to be low- and moderate -income housing for the entire life of the units. Properties developed by private developers using tax credits must adhere to a fifteen (15) year period of affordability. If HOME funds assist with construction, units must remain affordable for twenty (20) years. Any unit used for the purpose of replacement housing will remain affordable for at least ten (10) years from the date of initial occupancy by the relocated household. Page 24 of 46 Eagan Subrecipient Agreement Exhibit D DAKOTA COUNTY CDA REPLACEMENT UNITS AVAILABLE FOR THE 2017 ANTIDISPLACEMENT PLAN Note: More details and updates can be found at www.dakotacda.org. All developments have accessible units. Parkside —122nd Street W., Burnsville Twenty-two units of low/moderate income rental housing for families opened for occupancy 1992. This development includes 1 two-bedroom accessible unit; 3 two-bedroom units; and 18 three-bedroom units. Dakota County CDA is the property manager. Spruce Point — East of Hwy 52, off Chandler Lane, Inver Grove Heights Twenty-four units of low/moderate income rental housing for families opened for occupancy 1995. This development includes 1 two-bedroom accessible unit; 4 two-bedroom units; and 19 three-bedroom units. Dakota County CDA is the property manager. Oak Ridge — South of Diffley Road & east of Johnny Cake Ridge Road, Eagan Forty-two units of low/moderate income rental housing for families opened for occupancy 1996. This development includes 2 two-bedroom accessible units; 18 two-bedroom units; and 22 three-bedroom units. Dakota County CDA is the property manager. Pleasant Ridge — North Frontage Road, Hastings Thirty-one units of low/moderate income rental housing for families opened for occupancy 1997. This development includes 2 two-bedroom accessible units; 14 two-bedroom units; and 15 three-bedroom units. Dakota County CDA is the property manager. Glenbrook — Germaine Ave., Apple Valley Thirty-nine units of low/moderate income rental housing for families opened for occupancy in 1998. This complex contains 17 two-bedroom units and 22 three-bedroom units. Dakota County CDA is the property manager. Cedar Valley — Dodd Road and Cedar Avenue, Lakeville Thirty units of low/moderate income rental housing for families opened for occupancy in 1998. This complex contains 1 one -bedroom accessible unit; 14 two-bedroom units; and 15 three-bedroom units. Dakota County CDA is the property manager. Chasewood — 1551h Street W., Apple Valley Twenty-seven units of low/moderate income rental housing for families opened for occupancy in 1999. This complex contains 14 two-bedroom units and 13 three-bedroom units. Dakota County CDA is the property manager. Country Lane — 210th Street W. & Hamburg Avenue, Lakeville Twenty-nine units of [ow/moderate income rental housing for families opened for occupancy in 2001. This complex contains 15 two-bedroom units and 14 three-bedroom units. Dakota County CDA is the property manager. Hillside Gables — Lexington Avenue & 135E, Mendota Heights Twenty-four units of low/moderate income rental housing for families opened for occupancy in 2001. This complex contains 1 one -bedroom accessible unit, 17 two-bedroom units and 6 three-bedroom units. Dakota County CDA is the property manager. Page 25 of 46 Eagan Subrecipient Agreement Exhibit D Marketplace — South Frontage Road, Hastings Twenty-eight units of low/moderate income rental housing for families opened for occupancy in 2002. This development includes 14 three-bedroom units; 13 two-bedroom units; and 1 one -bedroom accessible unit. Dakota County CDA is the property manager. Heart of the City — East Traveler's Trail, 125th Street W. & 15t Avenue, Burnsville Thirty-four units of low/moderate income rental housing for families opened for occupancy in 2003. This development includes 1 one -bedroom unit; 21 two-bedroom units; and 12 three-bedroom units. Dakota County CDA is the property manager. Erin Place — Cedar Path, Eagan Thirty-four units of low/moderate income rental housing for families opened for occupancy in 2004. This development includes 24 two-bedroom units and 10 three-bedroom units. Dakota County CDA is the property manager. Cedar Villas —Villa Parkway, Eagan This development, owned by Shelter Corporation, was developed in conjunction with Erin Place with 104 units, including 60 two-bedroom units and 44 three-bedroom units. This development is a mix of both affordable and market rate units. Prairie Crossing — Icefall Trail & Icefall Way, Lakeville Forty units of low/moderate income rental housing for families opened for occupancy in 2005. This development includes 20 two-bedroom units and 20 three-bedroom units. Dakota County CDA is the property manager. Lafayette — 50th Street E., Inver Grove Heights Thirty units of low/moderate income rental housing for families opened for occupancy in 2006. This development includes 1 one -bedroom; 15 two -bedrooms; and 14 three -bedrooms. Dakota County CDA is the property manager. West Village — South Frontage Road, Hastings Twenty-one units of low/moderate income rental housing for families opened for occupancy in 2007. This development includes 11 two-bedroom units and 10 three-bedroom units. Dakota County CDA is the property manager. Carbury Hills — Connemara Trail, Rosemount Thirty-two units of low/moderate income rental housing for families opened for occupancy in 2008. This development includes 24 two-bedroom units and 8 three-bedroom units. Dakota County CDA is the property manager. Twin Ponds — 223rd Street W., Farminqton Fifty-one units of low/moderate income rental housing for families opened for occupancy in 2009 and was completed in 2012. This development includes 2 two-bedroom accessible units; 35 two-bedroom units; and 14 three-bedroom units. Dakota County CDA is the property manager. Meadowlark — 210th Street and Holiday Ave., Lakeville Forty units of low/moderate income rental housing for families opened for occupancy in 2010. This development includes 6 one -bedroom units; 24 two-bedroom units; and 10 three-bedroom units. Dakota County CDA is the property manager. Page 26 of 46 Eagan Subrecipient Agreement Exhibit D Quarry View — Embry Path, Apple Valley Forty-five units of low/moderate income rental housing for families opened for occupancy 2011. This development includes 1 one -bedroom accessible unit; 31 two-bedroom units; and 13 three-bedroom units. Dakota County CDA is the property manager. Northwood — Northwood, Eagan Forty-seven units of low/moderate income rental housing for families opened for occupancy in 2013. This development includes 2 one -bedroom accessible units; 22 two-bedroom units; and 10 three-bedroom units. Dakota County CDA is the property manager. Inver Hills — College Trail and Bower Path, Inver Grove Heights Twenty-four units of low/moderate income rental housing for families opened for occupancy January 2014. This development includes 1 two-bedroom accessible unit; 13 two-bedroom units; and 10 three- bedroom units. Dakota County CDA is the property manager. Riverview Ridge — Sibley Memorial Highway, Eagan Twenty-seven units of low/moderate income rental housing for families anticipated opened for occupancy in 2014. This development includes 2 two-bedroom accessible units; 15 two-bedroom units; and 10 three-bedroom units. Dakota County CDA is the property manager. Lakeshore Townhomes - Jurdy Road and Shoreline Drive, Eagan Fifty units of low/moderate income rental housing for families opened for occupancy in 2015. This development includes 1 one -bedroom accessible unit; 2 two-bedroom accessible units; 2 one - bedroom units; 21 two-bedroom units; and 24 three-bedroom units. Dakota County CDA is the property manager. Keystone Crossing - near the intersection of 1-35 and County Road 70, Lakeville Thirty-six units of low/moderate income rental housing for families opened for occupancy in 2017. This development includes 2 two-bedroom accessible units; 21 two-bedroom units; and 13 three-bedroom units. Dakota County CDA is the property manager. Page 27 of 46 Eagan Subrecipient Agreement Exhibit E EXHIBIT E TO SUBRECIPIENT AGREEMENT §570.208 Criteria for national objectives. The following criteria shall be used to determine whether a CDBG-assisted activity complies with one or more of the national objectives as required under §570.200(a)(2): (a) Activities benefiting low- and moderate -income persons. Activities meeting the criteria in paragraph (a) (1), (2), (3), or (4) of this section as applicable, will be considered to benefit low- and moderate - income persons unless there is substantial evidence to the contrary. In assessing any such evidence, the full range of direct effects of the assisted activity will be considered. (The recipient shall appropriately ensure that activities that meet these criteria do not benefit moderate income persons to the exclusion of low income persons.) (1) Area benefit activities. (i) An activity, the benefits of which are available to all the residents in a particular area, where at least 51 percent of the residents are low- and moderate -income persons. Such an area need not be coterminous with census tracts or other officially recognized boundaries but must be the entire area served by the activity. An activity that serves an area that is not primarily residential in character shall not qualify under this criterion. (ii) For metropolitan cities and urban counties, an activity that would otherwise qualify under §570.208(a)(1)(i), except that the area served contains less than 51 percent low- and moderate -income residents, will also be considered to meet the objective of benefiting low- and moderate -income persons where the proportion of such persons in the area is within the highest quartile of all areas in the recipient's jurisdiction in terms of the degree of concentration of such persons. This exception is inapplicable to non -entitlement CDBG grants in Hawaii. In applying this exception, HUD will determine the lowest proportion a recipient may use to qualify an area for this purpose, as follows: (A) All census block groups in the recipient's jurisdiction shall be rank ordered from the block group of highest proportion of low- and moderate -income persons to the block group with the lowest. For urban counties, the rank ordering shall cover the entire area constituting the urban county and shall not be done separately for each participating unit of general local government. (B) In any case where the total number of a recipient's block groups does not divide evenly by four, the block group which would be fractionally divided between the highest and second quartiles shall be considered to be part of the highest quartile. (C) The proportion of low- and moderate -income persons in the last census block group in the highest quartile shall be identified. Any service area located within the recipient's jurisdiction and having a proportion of low- and moderate -income persons at or above this level shall be considered to be within the highest quartile. (D) If block group data are not available for the entire jurisdiction, other data acceptable to the Secretary may be used in the above calculations. (iii) An activity to develop, establish, and operate for up to two years after the establishment of, a uniform emergency telephone number system serving an area having less than the percentage of low- and moderate -income residents required under paragraph (a)(1)(i) of this section or (as applicable) paragraph (a)(1)(ii) of this section, provided the recipient obtains prior HUD approval. To obtain such approval, the recipient must: Page 28 of 46 Eagan Subrecipient Agreement Exhibit E (A) Demonstrate that the system will contribute significantly to the safety of the residents of the area. The request for approval must include a list of the emergency services that will participate in the emergency telephone number system; (B) Submit information that serves as a basis for HUD to determine whether at least 51 percent of the use of the system will be by low- and moderate -income persons. As available, the recipient must provide information that identifies the total number of calls actually received over the preceding 12 -month period for each of the emergency services to be covered by the emergency telephone number system and relates those calls to the geographic segment (expressed as nearly as possible in terms of census tracts, block numbering areas, block groups, or combinations thereof that are contained within the segment) of the service area from which the calls were generated. In analyzing this data to meet the requirements of this section, HUD will assume that the distribution of income among the callers generally reflects the income characteristics of the general population residing in the same geographic area where the callers reside. If HUD can conclude that the users have primarily consisted of low- and moderate -income persons, no further submission is needed by the recipient. If a recipient plans to make other submissions for this purpose, it may request that HUD review its planned methodology before expending the effort to acquire the information it expects to use to make its case; (C) Demonstrate that other Federal funds received by the recipient are insufficient or unavailable for a uniform emergency telephone number system. For this purpose, the recipient must submit a statement explaining whether the lack of funds is due to the insufficiency of the amount of the available funds, restrictions on the use of such funds, or the prior commitment of funds by the recipient for other purposes; and (D) Demonstrate that the percentage of the total costs of the system paid for by CDBG funds does not exceed the percentage of low- and moderate -income persons in the service area of the system. For this purpose, the recipient must include a description of the boundaries of the service area of the emergency telephone number system, the census divisions that fall within the boundaries of the service area (census tracts or block numbering areas), the total number of persons and the total number of low- and moderate - income persons within each census division, the percentage of low- and moderate -income persons within the service area, and the total cost of the system. (iv) An activity for which the assistance to a public improvement that provides benefits to all the residents of an area is limited to paying special assessments (as defined in §570.200(c)) levied against residential properties owned and occupied by persons of low and moderate income. (v) For purposes of determining qualification under this criterion, activities of the same type that serve different areas will be considered separately on the basis of their individual service area. (vi) In determining whether there is a sufficiently large percentage of low- and moderate -income persons residing in the area served by an activity to qualify under paragraph (a)(1) (i), (ii), or (vii) of this section, the most recently available decennial census information must be used to the fullest extent feasible, together with the Section 8 income limits that would have applied at the time the income information was collected by the Census Bureau. Recipients that believe that the census data does not reflect current relative income levels in an area, or where census boundaries do not coincide sufficiently well with the service area of an activity, may conduct (or have conducted) a current survey of the residents of the area to determine the percent of such persons that are low and moderate income. HUD will accept information obtained through such surveys, to be used in lieu of the decennial census data, where it determines that the survey was conducted in such a manner that the results meet standards of statistical reliability that are comparable to that of the decennial census data for areas of similar size. Where there is substantial evidence that provides a clear basis to believe that the use of the decennial census data would substantially overstate the proportion of persons residing there that are low and moderate income, HUD Page 29 of 46 Eagan Subrecipient Agreement Exhibit E may require that the recipient rebut such evidence in order to demonstrate compliance with section 105(c)(2) of the Act. (vii) Activities meeting the requirements of paragraph (d)(5)(i) of this section may be considered to qualify under this paragraph, provided that the area covered by the strategy is either a Federally -designated Empowerment Zone or Enterprise Community or primarily residential and contains a percentage of low - and moderate -income residents that is no less than the percentage computed by HUD pursuant to paragraph (a)(1)(ii) of this section or 70 percent, whichever is less, but in no event less than 51 percent. Activities meeting the requirements of paragraph (d)(6)(i) of this section may also be considered to qualify under paragraph (a)(1) of this section. (2) Limited clientele activities. (i) An activity which benefits a limited clientele, at least 51 percent of whom are low- or moderate -income persons. (The following kinds of activities may not qualify under paragraph (a)(2) of this section: activities, the benefits of which are available to all the residents of an area; activities involving the acquisition, construction or rehabilitation of property for housing; or activities where the benefit to low- and moderate -income persons to be considered is the creation or retention of jobs, except as provided in paragraph (a)(2)(iv) of this section.) To qualify under paragraph (a)(2) of this section, the activity must meet one of the following tests: (A) Benefit a clientele who are generally presumed to be principally low- and moderate -income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit persons, 51 percent of whom are low- and moderate -income; abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers; or (B) Require information on family size and income so that it is evident that at least 51 percent of the clientele are persons whose family income does not exceed the low- and moderate -income limit; or (C) Have income eligibility requirements which limit the activity exclusively to low- and moderate -income persons; or (D) Be of such nature and be in such location that it may be concluded that the activity's clientele will primarily be low- and moderate -income persons. (ii) An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled" will be presumed to qualify under this criterion if it is restricted, to the extent practicable, to the removal of such barriers by assisting: (A) The reconstruction of a public facility or improvement, or portion thereof, that does not qualify under paragraph (a)(1) of this section; (B) The rehabilitation of a privately owned nonresidential building or improvement that does not qualify under paragraph (a)(1) or (4) of this section; or (C) The rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not qualify under paragraph (a)(3) of this section. (iii) A microenterprise assistance activity carried out in accordance with the provisions of §570.201(o) with respect to those owners of microenterprises and persons developing microenterprises assisted under the activity during each program year who are low- and moderate -income persons. For purposes of this Page 30 of 46 Eagan Subrecipient Agreement Exhibit E paragraph, persons determined to be low and moderate income may be presumed to continue to qualify as such for up to a three-year period. (iv) An activity designed to provide job training and placement and/or other employment support services, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services, in which the percentage of low- and moderate -income persons assisted is less than 51 percent may qualify under this paragraph in the following limited circumstance: (A) In such cases where such training or provision of supportive services assists business(es), the only use of CDBG assistance for the project is to provide the job training and/or supportive services: and (B) The proportion of the total cost of the project borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income. (3) Housing activities. An eligible activity carried out for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by low- and moderate -income households. This would include, but not necessarily be limited to, the acquisition or rehabilitation of property by the recipient, a subrecipient, a developer, an individual homebuyer, or an individual homeowner; conversion of nonresidential structures; and new housing construction. If the structure contains two dwelling units, at least one must be so occupied, and if the structure contains more than two dwelling units, at least 51 percent of the units must be so occupied. Where two or more rental buildings being assisted are or will be located on the same or contiguous properties, and the buildings will be under common ownership and management, the grouped buildings may be considered for this purpose as a single structure. Where housing activities being assisted meet the requirements of paragraph §570.208 (d)(5)(ii) or (d)(6)(ii) of this section, all such housing may also be considered for this purpose as a single structure. For rental housing, occupancy by low- and moderate -income households must be at affordable rents to qualify under this criterion. The recipient shall adopt and make public its standards for determining "affordable rents" for this purpose. The following shall also qualify under this criterion: (i) When less than 51 percent of the units in a structure will be occupied by low- and moderate -income households, CDBG assistance may be provided in the following limited circumstances: (A) The assistance is for an eligible activity to reduce the development cost of the new construction of a multifamily, non -elderly rental housing project; (B) Not less than 20 percent of the units will be occupied by low- and moderate -income households at affordable rents; and (C) The proportion of the total cost of developing the project to be borne by CDBG funds is no greater than the proportion of units in the project that will be occupied by low- and moderate -income households. (ii) When CDBG funds are used to assist rehabilitation eligible under §570.202(b)(9) or (10) in direct support of the recipient's Rental Rehabilitation program authorized under 24 CFR part 511, such funds shall be considered to benefit low- and moderate -income persons where not less than 51 percent of the units assisted, or to be assisted, by the recipient's Rental Rehabilitation program overall are for low- and moderate -income persons. (iii) When CDBG funds are used for housing services eligible under §570.201(k), such funds shall be considered to benefit low- and moderate -income persons if the housing units for which the services are provided are HOME -assisted and the requirements at 24 CFR 92.252 or 92.254 are met. Page 31 of 46 Eagan Subrecipient Agreement Exhibit E (4) Job creation or retention activities. An activity designed to create or retain permanent jobs where at least 51 percent of the jobs, computed on a full time equivalent basis, involve the employment of low- and moderate -income persons. To qualify under this paragraph, the activity must meet the following criteria: (i) For an activity that creates jobs, the recipient must document that at least 51 percent of the jobs will be held by, or will be available to, low- and moderate -income persons. (ii) For an activity that retains jobs, the recipient must document that the jobs would actually be lost without the CDBG assistance and that either or both of the following conditions apply with respect to at least 51 percent of the jobs at the time the CDBG assistance is provided: (A) The job is known to be held by a low- or moderate -income person; or (B) The job can reasonably be expected to turn over within the following two years and that steps will be taken to ensure that it will be filled by, or made available to, a low- or moderate -income person upon turnover. (iii) Jobs that are not held or filled by a low- or moderate -income person may be considered to be available to low- and moderate -income persons for these purposes only if: (A) Special skills that can only be acquired with substantial training or work experience or education beyond high school are not a prerequisite to fill such jobs, or the business agrees to hire unqualified persons and provide training; and (B) The recipient and the assisted business take actions to ensure that low- and moderate -income persons receive first consideration for filling such jobs. (iv) For purposes of determining whether a job is held by or made available to a low- or moderate -income person, the person may be presumed to be a low- or moderate -income person if: (A) He/she resides within a census tract (or block numbering area) that either: (1) Meets the requirements of paragraph (a)(4)(v) of this section; or (2) Has at least 70 percent of its residents who are low- and moderate -income persons; or (B) The assisted business is located within a census tract (or block numbering area) that meets the requirements of paragraph (a)(4)(v) of this section and the job under consideration is to be located within that census tract. (v) A census tract (or block numbering area) qualifies for the presumptions permitted under paragraphs (a)(4)(iv)(A)(1) and (B) of this section if it is either part of a Federally -designated Empowerment Zone or Enterprise Community or meets the following criteria: (A) It has a poverty rate of at least 20 percent as determined by the most recently available decennial census information; (B) It does not include any portion of a central business district, as this term is used in the most recent Census of Retail Trade, unless the tract has a poverty rate of at least 30 percent as determined by the most recently available decennial census information; and (C) It evidences pervasive poverty and general distress by meeting at least one of the following standards: Page 32 of 46 Eagan Subrecipient Agreement Exhibit E (1) All block groups in the census tract have poverty rates of at least 20 percent; (2) The specific activity being undertaken is located in a block group that has a poverty rate of at least 20 percent; or (3) Upon the written request of the recipient, HUD determines that the census tract exhibits other objectively determinable signs of general distress such as high incidence of crime, narcotics use, homelessness, abandoned housing, and deteriorated infrastructure or substantial population decline. (vi) As a general rule, each assisted business shall be considered to be a separate activity for purposes of determining whether the activity qualifies under this paragraph, except: (A) In certain cases such as where CDBG funds are used to acquire, develop or improve a real property (e.g., a business incubator or an industrial park) the requirement may be met by measuring jobs in the aggregate for all the businesses which locate on the property, provided such businesses are not otherwise assisted by CDBG funds. (B) Where CDBG funds are used to pay for the staff and overhead costs of an entity making loans to businesses exclusively from non-CDBG funds, this requirement may be met by aggregating the jobs created by all of the businesses receiving loans during each program year. (C) Where CDBG funds are used by a recipient or subrecipient to provide technical assistance to businesses, this requirement may be met by aggregating the jobs created or retained by all of the businesses receiving technical assistance during each program year. (D) Where CDBG funds are used for activities meeting the criteria listed at §570.209(b)(2)(v), this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (E) Where CDBG funds are used by a Community Development Financial Institution to carry out activities for the purpose of creating or retaining jobs, this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (F) Where CDBG funds are used for public facilities or improvements which will result in the creation or retention of jobs by more than one business, this requirement may be met by aggregating the jobs created or retained by all such businesses as a result of the public facility or improvement. (1) Where the public facility or improvement is undertaken principally for the benefit of one or more particular businesses, but where other businesses might also benefit from the assisted activity, the requirement may be met by aggregating only the jobs created or retained by those businesses for which the facility/improvement is principally undertaken, provided that the cost (in CDBG funds) for the facility/improvement is less than $10,000 per permanent full-time equivalent job to be created or retained by those businesses. (2) In any case where the cost per job to be created or retained (as determined under paragraph (a)(4)(vi)(F)(1) of this section) is $10,000 or more, the requirement must be met by aggregating the jobs created or retained as a result of the public facility or improvement by all businesses in the service area of the facility/improvement. This aggregation must include businesses which, as a result of the public facility/improvement, locate or expand in the service area of the facility/improvement between the date the recipient identifies the activity in its action plan under part 91 of this title and the date one year after Page 33 of 46 Eagan Subrecipient Agreement Exhibit E the physical completion of the facility/improvement. In addition, the assisted activity must comply with the public benefit standards at §570.209(b). (b) Activities which aid in the prevention or elimination of slums or blight. Activities meeting one or more of the following criteria, in the absence of substantial evidence to the contrary, will be considered to aid in the prevention or elimination of slums or blight: (1) Activities to address slums or blight on an area basis. An activity will be considered to address prevention or elimination of slums or blight in an area if: (i) The area, delineated by the recipient, meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law; (ii) The area also meets the conditions in either paragraph (A) or (B): (A) At least 25 percent of properties throughout the area experience one or more of the following conditions: (1) Physical deterioration of buildings or improvements; (2) Abandonment of properties; (3) Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings; (4) Significant declines in property values or abnormally low property values relative to other areas in the community; or (5) Known or suspected environmental contamination. (B) The public improvements throughout the area are in a general state of deterioration. (iii) Documentation is to be maintained by the recipient on the boundaries of the area and the conditions and standards used that qualified the area at the time of its designation. The recipient shall establish definitions of the conditions listed at §570.208(b)(1)(ii)(A), and maintain records to substantiate how the area met the slums or blighted criteria. The designation of an area as slum or blighted under this section is required to be determined every 10 years for continued qualification. Documentation must be retained pursuant to the recordkeeping requirements contained at §570.506 (b)(8)(ii). (iv) The assisted activity addresses one or more of the conditions which contributed to the deterioration of the area. Rehabilitation of residential buildings carried out in an area meeting the above requirements will be considered to address the area's deterioration only where each such building rehabilitated is considered substandard under local definition before rehabilitation, and all deficiencies making a building substandard have been eliminated if less critical work on the building is undertaken. At a minimum, the local definition for this purpose must be such that buildings that it would render substandard would also fail to meet the housing quality standards for the Section 8 Housing Assistance Payments Program - Existing Housing (24 CFR 882.109). (2) Activities to address slums or blight on a spot basis. The following activities may be undertaken on a spot basis to eliminate specific conditions of blight, physical decay, or environmental contamination that are not located in a slum or blighted area: acquisition; clearance; relocation; historic preservation; remediation of environmentally contaminated properties; or rehabilitation of buildings or improvements. However, rehabilitation must be limited to eliminating those conditions that are detrimental to public Page 34 of 46 Eagan Subrecipient Agreement Exhibit E health and safety. If acquisition or relocation is undertaken, it must be a precursor to another eligible activity (funded with CDBG or other resources) that directly eliminates the specific conditions of blight or physical decay, or environmental contamination. (3) Activities to address slums or blight in an urban renewal area. An activity will be considered to address prevention or elimination of slums or blight in an urban renewal area if the activity is: (i) Located within an urban renewal project area or Neighborhood Development Program (NDP) action area; i.e., an area in which funded activities were authorized under an urban renewal Loan and Grant Agreement or an annual NDP Funding Agreement, pursuant to title I of the Housing Act of 1949; and (ii) Necessary to complete the urban renewal plan, as then in effect, including initial land redevelopment permitted by the plan. Note: Despite the restrictions in (b) (1) and (2) of this section, any rehabilitation activity which benefits low- and moderate -income persons pursuant to paragraph (a)(3) of this section can be undertaken without regard to the area in which it is located or the extent or nature of rehabilitation assisted. (c) Activities designed to meet community development needs having a particular urgency. In the absence of substantial evidence to the contrary, an activity will be considered to address this objective if the recipient certifies that the activity is designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community which are of recent origin or which recently became urgent, that the recipient is unable to finance the activity on its own, and that other sources of funding are not available. A condition will generally be considered to be of recent origin if it developed or became critical within 18 months preceding the certification by the recipient. (d) Additional criteria. (1) Where the assisted activity is acquisition of real property, a preliminary determination of whether the activity addresses a national objective may be based on the planned use of the property after acquisition. A final determination shall be based on the actual use of the property, excluding any short-term, temporary use. Where the acquisition is for the purpose of clearance which will eliminate specific conditions of blight or physical decay, the clearance activity shall be considered the actual use of the property. However, any subsequent use or disposition of the cleared property shall be treated as a "change of use" under §570.505. (2) Where the assisted activity is relocation assistance that the recipient is required to provide, such relocation assistance shall be considered to address the same national objective as is addressed by the displacing activity. Where the relocation assistance is voluntary on the part of the grantee the recipient may qualify the assistance either on the basis of the national objective addressed by the displacing activity or on the basis that the recipients of the relocation assistance are low- and moderate -income persons. (3) In any case where the activity undertaken for the purpose of creating or retaining jobs is a public improvement and the area served is primarily residential, the activity must meet the requirements of paragraph (a)(1) of this section as well as those of paragraph (a)(4) of this section in order to qualify as benefiting low- and moderate -income persons. (4) CDBG funds expended for planning and administrative costs under §570.205 and §570.206 will be considered to address the national objectives. (5) Where the grantee has elected to prepare an area revitalization strategy pursuant to the authority of §91.215(e) of this title and HUD has approved the strategy, the grantee may also elect the following options: Page 35 of 46 Eagan Subrecipient Agreement Exhibit E (i) Activities undertaken pursuant to the strategy for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii) All housing activities in the area for which, pursuant to the strategy, CDBG assistance is obligated during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (6) Where CDBG-assisted activities are carried out by a Community Development Financial Institution whose charter limits its investment area to a primarily residential area consisting of at least 51 percent low- and moderate -income persons, the grantee may also elect the following options: (i) Activities carried out by the Community Development Financial Institution for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii) All housing activities for which the Community Development Financial Institution obligates CDBG assistance during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (7) Where an activity meeting the criteria at §570.209(b)(2)(v) may also meet the requirements of either paragraph (d)(5)(i) or (d)(6)(i) of this section, the grantee may elect to qualify the activity under either the area benefit criteria at paragraph (a)(1)(vii) of this section or the job aggregation criteria at paragraph (a)(4)(vi)(D) of this section, but not both. Where an activity may meet the job aggregation criteria at both paragraphs (a)(4)(vi)(D) and (E) of this section, the grantee may elect to qualify the activity under either criterion, but not both. Page 36 of 46 Eagan Subrecipient Agreement Exhibit F EXHIBIT F TO SUBRECIPIENT AGREEMENT Subpart K—Other Program Requirements §570.600 General. (a) This subpart K enumerates laws that the Secretary will treat as applicable to grants made under section 106 of the Act, other than grants to states made pursuant to section 106(d) of the Act, for purposes of the Secretary's determinations under section 104(e)(1) of the Act, including statutes expressly made applicable by the Act and certain other statutes and Executive Orders for which the Secretary has enforcement responsibility. This subpart K applies to grants made under the Insular Areas Program in §570.405 and §570.440 with the exception of §570.612. The absence of mention herein of any other statute for which the Secretary does not have direct enforcement responsibility is not intended to be taken as an indication that, in the Secretary's opinion, such statute or Executive Order is not applicable to activities assisted under the Act. For laws that the Secretary will treat as applicable to grants made to states under section 106(d) of the Act for purposes of the determination required to be made by the Secretary pursuant to section 104(e)(2) of the Act, see §570.487. (b) This subpart also sets forth certain additional program requirements which the Secretary has determined to be applicable to grants provided under the Act as a matter of administrative discretion. (c) In addition to grants made pursuant to section 106(b) and 106(d)(2)(B) of the Act (subparts D and F, respectively), the requirements of this subpart K are applicable to grants made pursuant to sections 107 and 119 of the Act (subparts E and G, respectively), and to loans guaranteed pursuant to subpart M. [53 FR 34456, Sept. 6, 1988, as amended at 61 FR 11477, Mar. 20, 1996; 72 FR 12536, Mar. 15, 2007] §570.601 Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. (a) The following requirements apply according to sections 104(b) and 107 of the Act: (1) Public Law 88-352, which is title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1. (2) Public Law 90-284, which is the Fair Housing Act (42 U.S.C. 3601-3620). In accordance with the Fair Housing Act, the Secretary requires that grantees administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. Furthermore, in accordance with section 104(b)(2) of the Act, for each community receiving a grant under subpart D of this part, the certification that the grantee will affirmatively further fair housing shall specifically require the grantee to take meaningful actions to further the goals identified in the grantee's AFH conducted in accordance with the requirements of 24 CFR 5.150 through 5.180 and take no action that is materially inconsistent with its obligation to affirmatively further fair housing, (b) Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p, 652; 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing), and implementing regulations in 24 CFR part 107, also apply. [61 FR 11477, Mar. 20, 1996, as amended at 80 FR 42368, July 16, 2015] Page 37 of 46 Eagan Subrecipient Agreement §570.602 Section 109 of the Act. Exhibit F Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR part 6. [64 FR 3802, Jan. 25, 1999] §570.603 Labor standards. (a) Section 110(a) of the Act contains labor standards that apply to nonvolunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However. these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. (b) The regulations in 24 CFR part 70 apply to the use of volunteers. [61 FR 11477, Mar. 20, 1996] §570.604 Environmental standards. For purposes of section 104(g) of the Act, the regulations in 24 CFR part 58 specify the other provisions of law which further the purposes of the National Environmental Policy Act of 1969, and the procedures by which grantees must fulfill their environmental responsibilities. In certain cases, grantees assume these environmental review, decisionmaking, and action responsibilities by execution of grant agreements with the Secretary. [61 FR 11477, Mar. 20, 1996] §570.605 National Flood Insurance Program. Notwithstanding the date of HUD approval of the recipient's application (or, in the case of grants made under subpart D of this part or HUD -administered small cities recipients in Hawaii, the date of submission of the grantee's consolidated plan, in accordance with 24 CFR part 91), section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) and the regulations in 44 CFR parts 59 through 79 apply to funds provided under this part 570. [61 FR 11477, Mar. 20, 1996] Page 38 of 46 Eagan Subrecipient Agreement Exhibit F §570.606 Displacement, relocation, acquisition, and replacement of housing. (a) General policy for minimizing displacement, Consistent with the other goals and objectives of this part, grantees (or States or state recipients, as applicable) shall assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of activities assisted under this part. (b) Relocation assistance for displaced persons at URA levels. (1) A displaced person shall be provided with relocation assistance at the levels described in, and in accordance with the requirements of 49 CFR part 24, which contains the government -wide regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655). (2) Displaced person. (i) For purposes of paragraph (b) of this section, the term "displaced person" means any person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves his or her personal property from real property, permanently and involuntarily, as a direct result of rehabilitation, demolition, or acquisition for an activity assisted under this part. A permanent, involuntary move for an assisted activity includes a permanent move from real property that is made: (A) After notice by the grantee (or the state recipient, if applicable) to move permanently from the property, if the move occurs after the initial official submission to HUD (or the State, as applicable) for grant, loan, or loan guarantee funds under this part that are later provided or granted. (B) After notice by the property owner to move permanently from the property, if the move occurs after the date of the submission of a request for financial assistance by the property owner (or person in control of the site) that is later approved for the requested activity. (C) Before the date described in paragraph (b)(2)(i)(A) or (B) of this section, if either HUD or the grantee (or State, as applicable) determines that the displacement directly resulted from acquisition, rehabilitation, or demolition for the requested activity. (D) After the "initiation of negotiations" if the person is the tenant -occupant of a dwelling unit and any one of the following three situations occurs: (1) The tenant has not been provided with a reasonable opportunity to lease and occupy a suitable decent, safe, and sanitary dwelling in the same building/complex upon the completion of the project, including a monthly rent that does not exceed the greater of the tenant's monthly rent and estimated average utility costs before the initiation of negotiations or 30 percent of the household's average monthly gross income; or (2) The tenant is required to relocate temporarily for the activity but the tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporary location and any increased housing costs, or other conditions of the temporary relocation are not reasonable; and the tenant does not return to the building/complex; or (3) The tenant is required to move to another unit in the building/complex, but is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move. (ii) Notwithstanding the provisions of paragraph (b)(2)(i) of this section, the term "displaced person-" does not include: Page 39 of 46 Eagan Subrecipient Agreement Exhibit F (A) A person who is evicted for cause based upon serious or repeated violations of material terms of the lease or occupancy agreement. To exclude a person on this basis, the grantee (or State or state recipient, as applicable) must determine that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance under this section; (B) A person who moves into the property after the date of the notice described in paragraph (b)(2)(i)(A) or (B) of this section, but who received a written notice of the expected displacement before occupancy. (C) A person who is not displaced as described in 49 CFR 24.2(g)(2). (D) A person who the grantee (or State, as applicable) determines is not displaced as a direct result of the acquisition, rehabilitation, or demolition for an assisted activity. To exclude a person on this basis, HUD must concur in that determination. (iii) A grantee (or State or state recipient, as applicable) may, at any time, request HUD to determine whether a person is a displaced person under this section. (3) Initiation of negotiations. For purposes of determining the type of replacement housing assistance to be provided under paragraph (b) of this section, if the displacement is the direct result of privately undertaken rehabilitation, demolition, or acquisition of real property, the term "initiation of negotiations" means the execution of the grant or loan agreement between the grantee (or State or state recipient, as applicable) and the person owning or controlling the real property. (c) Residential anti -displacement and relocation assistance plan. The grantee shall comply with the requirements of 24 CFR part 42, subpart B. (d) Optional relocation assistance. Under section 105(a)(11) of the Act, the grantee may provide (or the State may permit the state recipient to provide, as applicable) relocation payments and other relocation assistance to persons displaced by activities that are not subject to paragraph (b) or (c) of this section. The grantee may also provide (or the State may also permit the state recipient to provide, as applicable) relocation assistance to persons receiving assistance under paragraphs (b) or (c) of this section at levels in excess of those required by these paragraphs. Unless such assistance is provided under State or local law, the grantee (or state recipient, as applicable) shall provide such assistance only upon the basis of a written determination that the assistance is appropriate (see, e.g., 24 CFR 570.201(i), as applicable). The grantee (or state recipient, as applicable) must adopt a written policy available to the public that describes the relocation assistance that the grantee (or state recipient, as applicable) has elected to provide and that provides for equal relocation assistance within each class of displaced persons. (e) Acquisition of real property. The acquisition of real property for an assisted activity is subject to 49 CFR part 24, subpart B. (f) Appeals. If a person disagrees with the determination of the grantee (or the state recipient, as applicable) concerning the person's eligibility for, or the amount of, a relocation payment under this section, the person may file a written appeal of that determination with the grantee (or state recipient, as applicable). The appeal procedures to be followed are described in 49 CFR 24.10. In addition, a low- or moderate -income household that has been displaced from a dwelling may file a written request for review of the grantee's decision to the HUD Field Office. For purposes of the State CDBG program, a low- or moderate -income household may file a written request for review of the state recipient's decision with the State. Page 40 of 46 Eagan Subrecipient Agreement Exhibit F (g) Responsibility of grantee or State. (1) The grantee (or State, if applicable) is responsible for ensuring compliance with the requirements of this section, notwithstanding any third party's contractual obligation to the grantee to comply with the provisions of this section. For purposes of the State CDBG program, the State shall require state recipients to certify that they will comply with the requirements of this section. (2) The cost of assistance required under this section may be paid from local public funds, funds provided under this part, or funds available from other sources. (3) The grantee (or State and state recipient, as applicable) must maintain records in sufficient detail to demonstrate compliance with the provisions of this section. (Approved by the Office of Management and Budget under OMB control number 2506-0102) [61 FR 11477, Mar. 20, 1996, as amended at 61 FR 51760, Oct. 3, 1996] Page 41 of 46 Eagan Subrecipient Agreement From: City/Township of EXHIBIT G TO SUBRECIPIENT AGREEMENT Dakota County CDBG Request for Reimbursement Form Date: Exhibit G Please complete the appropriate sections. The Dakota County CDA will fill in the shaded areas. Please use separate request forms for each activity or service period. Reimbursement for the foil ing activities is being re uested from the CDBG Pro ram: Do you have program income (i.e., revolving account) to draw first for this activity? Yes No Do you have other funding sources that are being combined with the CDBG funds? Yes No If yes, please indicate the source(s) and amount(s): Documentation to support Request for Reimbursement: You must attach all appropriate documentation to support this request (i.e. staff hours and rate of pay, invoices for work completed, copies of plans, etc.) ❑ Timesheets ❑ Invoices/ Proof of Payment ❑ Completed product (# of hours, rate of pay, etc.) (copies of checks, receipts, etc.) (i.e. plan, study, survey) The following chart is for DIRECT BENENFIT ACTIVITIES (housing or public service activities). Please report the demographic information of those served during the dates of service listed above, If you are reporting a HOUSING activity, please report in number of HOUSING UNITS. If you are reporting a PUBLIC SERVICE activity, please report in number of PEOPLE. DO NOT COMBINE DATA FROM MORE THAN ONE ACTIVITY OR SERVICE DATES DEMOGRAPHICS Program Income Level Race His panic Non- p Hispanic Name of Project/Activity (Fiscal) Amount Requested Dates of Service (start/end) CDA Account Number Yr. Black/African American Black/African American & White Do you have program income (i.e., revolving account) to draw first for this activity? Yes No Do you have other funding sources that are being combined with the CDBG funds? Yes No If yes, please indicate the source(s) and amount(s): Documentation to support Request for Reimbursement: You must attach all appropriate documentation to support this request (i.e. staff hours and rate of pay, invoices for work completed, copies of plans, etc.) ❑ Timesheets ❑ Invoices/ Proof of Payment ❑ Completed product (# of hours, rate of pay, etc.) (copies of checks, receipts, etc.) (i.e. plan, study, survey) The following chart is for DIRECT BENENFIT ACTIVITIES (housing or public service activities). Please report the demographic information of those served during the dates of service listed above, If you are reporting a HOUSING activity, please report in number of HOUSING UNITS. If you are reporting a PUBLIC SERVICE activity, please report in number of PEOPLE. DO NOT COMBINE DATA FROM MORE THAN ONE ACTIVITY OR SERVICE DATES DEMOGRAPHICS Ethnicity Income Level Race His panic Non- p Hispanic Very Low 0-30% Low 31-50% Moderate Above L/M 51-80% 81%+ White Black/African American Black/African American & White Asian Asian & White American Indian or Alaskan Native American Indian/Alaskan & White American Indian/Alaskan & Black Native Hawaiian/Other Pacific Islander Other TOTALS (Ethnicity = Income Level) Number of Female -headed Households = Number of clients new to program= Prepared by: Program Administrator Percent as Low/Mod Income = Number of clients with improved access = Approved by: City or Township Finance Officer Page 42 of 46 Eagan Subrecipient Agreement Exhibit H EXHIBIT H TO SUBRECIPIENT AGREEMENT PROGRAM INCOME REUSE POLICY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Dakota County, Minnesota A. Purpose. This policy establishes procedures for the administration and utilization of program income received as a result of activities funded under the federal Community Development Block Grant (CDBG) Program. This policy addresses the requirements of 24 CFR 570.489(e)(3). The Dakota County Community Development Agency is hereinafter referred to as the "Subgrantee", and each cooperating jurisdiction is hereinafter referred to as a "Subrecipient". B. Definition. Program income is the gross income received by the Subgrantee that was generated from the use of CDBG funds. For activities generating program income that were only partially funded with CDBG funds, such income is prorated to reflect the actual percentage of CDBG funds used. Examples of program income include: • Payments of principal and interest on loans made using CDBG funds; • Net proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; • And interest earned on funds held in a revolving fund account. C. Activities. Program income in Dakota County will only be used for eligible CDBG activities that meet a national objective as specified in 24 CFR 570.482 and 570.483. D. Distribution. Program income in Dakota County will be classified and distributed within one of two general types of accounts: • Revolving Fund (RF) Account • Non -revolving Income (NI) Account The RF Accounts are typically established for ongoing program activity, such as housing rehab or economic development. The NI Accounts are established from non -revolving program income, such as funds from land disposition or repayments from land acquisition that doesn't result in a low/moderate income activity. E. Revolving Fund Account. Dakota County CDA will deposit program income from either housing rehab, economic development or downpayment assistance that is administered by the Subgrantee into corresponding Revolving Fund (RF) Accounts as follows: 1. Program income generated from CDBG funds allocated to a Subrecipient will be deposited into a separate RF Account for that same individual Subrecipient; or 2. Program income generated from CDBG funds allocated to a countywide activity will be deposited into a separate corresponding "Countywide" RF Account. 3. Check and/or reimbursement requests related to an activity assigned to a RF Account will be drawn first from that account prior to an entitlement account. Page 43 of 46 Eagan Subrecipient Agreement Exhibit H Subrecipients also have the ability to establish Revolving Fund Accounts for local CDBG activities upon written approval of the Subgrantee. These accounts will require formal reporting during each fiscal year as required by the Subgrantee. F. Non -revolving Income Account. Dakota County will deposit all program income that is not assigned to a Revolving Fund Account to a Non -revolving Income (NI) Account as follows: 1. Program income generated from CDBG funds allocated to a Subrecipient will be returned immediately to the Subgrantee, which will be deposited into one corresponding Subrecipient NI Account (i.e., Burnsville NI Account). Check and/or reimbursement requests from a Subrecipient that cannot be paid from a RF Account will first be drawn from a NF Account, if existing, prior to drawing funds from an entitlement account. 2. Program income generated from CDBG funds allocated to a Subgrantee countywide activity will be deposited into one Subgrantee NI Account (i.e., CDA NI Account). Check and/or reimbursement requests related to a county -wide activity that cannot be paid from a RF Account will first be drawn from a NI Account, if existing, prior to drawing funds from a county- wide entitlement account. 3. The Subrecipient or Subgrantee retains the option of amending an existing CDBG activity (or activities) to increase its budget equal to the amount of program income within its NI Account, or it can amend the county's Annual Action Plan to include a new CDBG-eligible activity. 4. If no draws are made from a Subrecipient's NI Account within twelve (12) months of establishing that account, it may be transferred to a Subgrantee NI Account for distribution to eligible countywide activities. G. Account Dissolution. Dissolving either Revolving Fund or Non -revolving Income Accounts shall be completed as follows: 1. A Subrecipient's RF Account may be dissolved if that account will receive no further income based on evidence from the Subrecipient or Subgrantee. The Subrecipient must submit a written request to the Subgrantee prior to final dissolution action. CDBG funds remaining in a Subrecipient's RF Account to be dissolved must be transferred to a new or existing NI Account of that same Subrecipient. 2. A Subgrantee's RF Account may be dissolved if that account will receive no further income based on evidence from the Subgrantee. CDBG funds remaining in the Subgrantee's RF Account to be dissolved must be transferred to a new or existing NI Account of the Subgrantee. 3. In some cases, a Subrecipient or Subgrantee may want to transfer fund balances from a RF Account that is still receiving income. If no further expenditures are planned for that activity, a partial transfer may be permitted. Subrecipients must submit a written request to the Subgrantee, including the requested amount of transfer, which will go from its RF Account to its existing or newly created NI Account. 4. A Subrecipient's NI Account may be dissolved based on Section F.4. of this Policy. Adopted by the Dakota County CDA Board on April 13, 2004. Page 44 of 46 Eagan Subrecipient Agreement Exhibit I EXHIBIT I TO SUBRECIPIENT AGREEMENT CDBG CONTINGENCY PLAN TIMELINESS OF EXPENDITURES Dakota County, Minnesota The following plan was developed in order to spend Community Development Block Grant (CDBG) funds in a timely manner. HUD reviews the performance of Dakota County as an entitlement urban county each year. Sixty (60) days prior to the end of a grantee's program year, the amount of non -disbursed CDBG funds cannot be more than 1.5 times the entitlement grant for its current program year. The 60 -day time for Dakota County is May 2. A contingency plan is beneficial in order to assess whether this county can make efforts to spend CDBG funds if early indications show expenditure problems within any of the larger cities' pool or the countywide pool of activities. The following steps should be taken in the order shown during a program year for Dakota County, which is July 1 through June 30: Six -Month Review. By November 1, CDA staff will do the following- • Identify each Subrecipient's balance of unspent CDBG funds. o A notice should be sent to each Subrecipient that shows an individual listing of unfinished activities and corresponding fund balances. • Meet individually with each Subrecipient, as deemed necessary, to discuss timely expenditure issues. • Provide a status report to all Subrecipients on the countywide and individual city revolving accounts for housing rehab (including a forecast of program income for the next six months). 2. Four -Month Review. By January 1, CDA staff will do the following: • Make a preliminary determination whether a Subrecipient will meet its own timeliness ratio of 1.5 by May 1. • Make a determination on how much rehab funding will remain unspent by May 1. These conclusions will be shared with the Subrecipient as a basis for possible reallocation of funds. • Initiate amendments to the annual Action Plan for Dakota County in order to reallocate CDBG funding to activities that can spend those funds by May 1. o The plan amendment will be based on the following: (a) Written approval from the Subrecipient that will transfer CDBG funds from its allocation to another city or countywide activity; and (b) Written verification, including an activity timeline, from the recipient of any reallocated funding that the additional CDBG funds can be spent and reimbursement submitted by April 15. Transfer of CDBG Funds Should a jurisdiction not be able to meet the timeliness requirement, the transferring of CDBG funds from one activity to another will be accomplished according to the following procedures: Page 45 of 46 Eagan Subrecipient Agreement Exhibit I • Transfer funds from one activity to another within a jurisdiction (city or township); • Transfer funds from a countywide activity to another countywide activity; or • Transfer funds from one jurisdiction to another jurisdiction, including to or from the countywide pool. The combined impact of the transfer options must attain an expenditure rate at or below 1.5 by May 2 for Dakota County. If this can be achieved by implementing one or both of the first two options, then the final option will not be needed. However, if all three options need to be implemented, then some jurisdictions will lose the one-time specified amount, not to be replaced and some will gain one-time funds in order to avoid HUD penalties imposed on the county. It is possible that a jurisdiction will have more than 1.5 times its current CDBG allocation unspent by January 1, and yet, it will not agree to transfer funds to another activity. Under that circumstance, the CDA reserves the right to take steps necessary to transfer funds in excess of the 1.5 ratio. 5. Two -Month Review. By March 1, the CDA will determine whether any further amendments are necessary to transfer CDBG funds. This may be necessary to accommodate a new activity that was recently identified for immediate expenditure (assuming CDBG eligibility). 6. One -Month Review. By April 1, the CDA will do a final check to ensure all cities are working towards completion of all activity expenditures that are pending within the May 1 timeframe. Reimbursement requests should be submitted to the CDA no later than April 15. Page 46 of 46 Agenda Information Memo November 21, 2017 Regular City Council Meeting CONSENT AGENDA R.Approve BerganKDV as independent auditor of the City’s financial statements for the year ending December 31, 2017 Action to be considered: To approve BerganKDV as independent auditor of the City’s financial statements for the year ending December 31, 2017. Facts: BerganKDV has served as the City’s independent auditor for more than 20 years. BerganKDV also audits the Dakota County Drug Task Force (DCDTF), for which the City is fiscal agent. In our last RFP process in 2011, we entered into a 3-year agreement with a renewal option for an additional 3 years. The audit of the December 31, 2016 financials represented the third year of the 3-year renewal option. It is too late to begin the RFP process for the December 31, 2017 financials, but staff intends to issue an RFP following the 2017 audit. BerganKDV has quoted prices for the 2017 City and DCDTF audits that are 2% over last year’s price. Attachments: (0) Agenda Information Memo November 21, 2017, Eagan City Council Meeting CONSENT AGENDA S. Approve On-Sale Liquor and Sunday License for Qdoba Restaurant Corporation doing business as Qdoba Mexican Eats Store #2729, 1298 Promenade Place Action To Be Considered: To approve an On-Sale Liquor and Sunday License for Qdoba Restaurant Corporation doing business as Qdoba Mexican Eats Store #2729, 1298 Promenade Place. Facts: Jack in the Box, Inc., parent company of Qdoba Restaurant Corporation, has applied for an On-Sale Liquor and Sunday License for the Qdoba Mexican Eats restaurant located at 1298 Promenade Place. All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo November 21, 2017, Eagan City Council Meeting CONSENT AGENDA T. Approve Premise Permit for South Robert Street Business Association to conduct lawful gambling at New Bohemia, 1278 Town Centre Drive Action To Be Considered: To adopt a resolution approving a Premise Permit for the South Robert Street Business Association to conduct lawful gambling at New Bohemia, 1278 Town Centre Drive. Facts: Timothy Nowak, Gambling Manager of the South Robert Street Business Association, has applied for a premise permit to conduct a lawful gambling operation at New Bohemia, 1278 Town Centre Drive. The Police Department conducted a background investigation of the gambling manager and found no reason to deny the application. Attachments: (1) CT-1 Resolution RESOLUTION NO. _____ CITY OF EAGAN PREMISE PERMIT FOR THE SOUTH ROBERT STREET BUSINESS ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT NEW BOHEMIA WHERAS, the South Robert Street Business Association has applied for a premise permit for a lawful gambling operation at New Bohemia, 1278 Town Centre Drive; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the South Robert Street Business Association application for a premise permit at New Bohemia, 1278 Town Centre Drive. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: November 21, 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 21st day of November, 2017. ____________________________ City Clerk Agenda Information Memo November 21, 2017, Eagan City Council Meeting CONSENT AGENDA U. Approve Premise Permit for South Robert Street Business Association to conduct lawful gambling at Union 32 Craft House, 2864 Highway 55 Action To Be Considered: To adopt a resolution approving a Premise Permit for the South Robert Street Business Association to conduct lawful gambling at Union 32 Craft House, 2864 Highway 55. Facts: Timothy Nowak, Gambling Manager of the South Robert Street Business Association, has applied for a premise permit to conduct a lawful gambling operation at Union 32 Craft House, 2864 Highway 55. The Police Department conducted a background investigation of the gambling manager and found no reason to deny the application. Attachments: (1) CU-1 Resolution RESOLUTION NO. _____ CITY OF EAGAN PREMISE PERMIT FOR THE SOUTH ROBERT STREET BUSINESS ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT UNION 32 CRAFT HOUSE WHERAS, the South Robert Street Business Association has applied for a premise permit for a lawful gambling operation at Union 32 Craft House, 2864 Highway 55; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the South Robert Street Business Association application for a premise permit at Union 32 Craft House, 2864 Highway 55. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: November 21, 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 21st day of November, 2017. ____________________________ City Clerk Agenda Information Memo November 21, 2017, Eagan City Council Meeting PUBLIC HEARINGS A. Amendment to 2016-2020 Facilities Capital Improvement Plan and intent to issue Capital Improvement Bonds Action to be Considered: To close the public hearing and adopt a resolution amending the 2016-2020 Facilities Capital Improvement Plan and authorizing issuance of up to $23,385,000 in bonds to finance the 2018 projects in the 2016-2020 Facilities Capital Improvement Plan. Facts: In August 2015, the City Council adopted the 2016-2020 Facilities Capital Improvement Plan (CIP) comprised of the following projects:: o New Fire Station 1, constructed in 2016; o Central Maintenance facility expansion/remodel, Phase 1 (2016) and Phase 2 (2018); and o City Hall and Police facility expansion/remodel, to be constructed in 2018. Because the scope and estimated costs of the existing 2018 projects have increased since the original adoption, an amendment to the Facilities CIP is proposed. The amended CIP does not contain any new projects. Total cost estimate for the 2018 projects increases from the original amount of $13,344,537 to $20,200,000. The amended CIP (PHA-3) details the costs for each project. Prior to the projects in the 2016-2020 Facilities CIP, the City’s combined annual debt service for the Community Center and bridges/overpasses was $2.3 million. With the retirement of those debts in the next few years, and the addition of the 2016 and 2018 CIP bonds, the combined annual debt service will remain at $2.3 million through 2026. Depending on the variables of bid results and interest rates to be determined in 2018, annual debt service on these projects will be between $2.3 million and $2.5 million through 2038. A simple majority of the City Council is required for approval. Staff will post the amended CIP document on the website upon approval. Under MS Section 475.521 (PHA-2), bonds issued for a Capital Improvement Plan are subject to a reverse referendum. If a petition requesting a vote on the issuance of bonds is signed by at least 1,929 voters (5% of the votes cast in the last general election), and that petition is received by December 20 (30 days after the public hearing), then voter approval by way of an election would be required to issue the bonds. Agenda Information Memo November 21, 2017, Eagan City Council Meeting Tammy Omdal from Northland Securities, the City’s financial consultant, will be available to answer questions. Attachments: (4) PHA-1 Resolution PHA-2 Minnesota Statutes, Section 475.521 PHA-3 Amended 2016-2020 Facilities CIP 4826-2604-5781.1 RESOLUTION RESOLUTION APPROVING AMENDMENT TO FIVE-YEAR CAPITAL IMPROVEMENT PLAN AND CONFIRMING INTENT TO ISSUE BONDS THEREUNDER WHEREAS, pursuant to Minnesota Statutes, Section 475.521 the City of Eagan, Minnesota (the "City") may issue bonds without an election to finance capital expenditures under an approved capital improvement plan provided that, among other things, the City adopts the plan after a public hearing thereon and publishes a notice of its intention to issue the bonds and the date and time of a hearing to obtain public comment on the matter; and WHEREAS, the City Council, foll owing a public hearing on August 3, 2015 , adopted a five- year capital improvement plan pursuant to Minnesota Statutes, Section 475.521 (the “CIP Act”) which includes a fire station, central maintenance facility ex pansion, and City Hall and police facilities expansion and improvement (the "Plan); and WHEREAS, there has been presented to the City Council a proposed First Amendment to the Plan (the “Amendment”); and WHEREAS, on the date hereof the City Council, pursuant to published notice , held a public hearing on the Amendment and on the City Council’s intention to issue bonds under the CIP Act as described in the Amendment ; and WHEREAS, in considering the Amendment, the Council considered for each project and the overall Plan (including the Amendment) the matters identified in Minnesota Statutes, Section 475.521, Subd. 3; and WHEREAS, the Amendment contemplates the is suance of approximately $22,385 ,000 of bonds as described therein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The Amendment is hereby approved and City staff is authorized to take such other action as may be necessary or appropriate to carry out the Plan, as amended, in accordance with applicable law. 2. The City Council’s intention to issue approximately $22,385 ,00 general obligation capital improvement bon ds as described in the Amendment is hereby confirmed; provided, however, that if a petition re questing a vote on the issuance of the bonds, signed by voters equal to five percent of the votes cast in the City in the last municipal general election is filed with the City Clerk by December 21, 2017, the City may issue the bonds only after obtaining a pproval of a majority of vo ters voting on the question of issuing the bonds . 2. The City Co uncil hereby declares its official int ent pursuant to Treasury Reg. 1.150-2 that the City shall be reimbursed from the proceeds of such bonds for any costs of the im provements described in the Plan, as amended, which are paid prior to the issuance of the bonds . 4826-2604-5781.1 Whereupon said resolution was declared duly passed and adopted this 21st day of November 2017. CITY OF EAGAN CITY COUNCIL By: _______________________________ Mike Maguire Its Mayor Attest: _______________________________ Christina M. Scipioni Its Clerk Motion by: Seconded by: Those in favor: Those against: STATE OF MINNESOTA COUNTY OF DAKOTA ) SS CITY OF EAGAN CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Eagan do hereby certify that the attached and foregoing Resolution was duly adopted by the Eagan City Council at its Regular Meeting of November 21, 2017, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ________ day of November 2017. ________________________________________ City Clerk MINNESOTA STATUTES 2014 475.521 475.521 CAPITAL IMPROVEMENT BONDS. Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given. (a) "Bonds" mean an obligation defined under section 475.51. (b) "Capital improvement" means acquisition or betterment of public lands, buildings or other im- provements for the purpose of a city hall, town hall, library, public safety facility, and public works facility. An improvement must have an expected useful life of five years or more to qualify. Capital improvement does not include light rail transit or any activity related to it, or a park, road, bridge, administrative building other than a city or town hall, or land for any of those facilities. For purposes of this section, "capital im- provement" includes expenditures for purposes described in this paragraph that have been incurred by a mu- nicipality before approval of a capital improvement plan, if such expenditures are included in a capital im- provement plan approved on or before the date of the public hearing under subdivision 2 regarding issuance of bonds for such expenditures. (c) "Municipality" means a home rule charter or statutory city or a town described in section 368.01, subdivision 1 or Ia. Subd. 2. Election requirement. (a) Bonds issued by a municipality to finance capital improvements under an approved capital improvements plan are not subject to the election requirements of section 475.58. The bonds must be approved by an affirmative vote of three-fifths of the members of a five -member governing body. In the case of a governing body having more or less than five members, the bonds must be approved by a vote of at least two-thirds of the members of the governing body. (b) Before the issuance of bonds qualifying under this section, the municipality must publish a notice of its intention to issue the bonds and the date and time of the hearing to obtain public comment on the matter. The notice must be published in the official newspaper of the municipality or in a newspaper of general circulation in the municipality. Additionally, the notice may be posted on the official Web site, if any, of the municipality. The notice must be published at least 14 but not more than 28 days before the date of the hearing. (c) A municipality may issue the bonds only after obtaining the approval of a majority of the voters voting on the question of issuing the obligations, if a petition requesting a vote on the issuance is signed by voters equal to five percent of the votes cast in the municipality in the last municipal general election and is filed with the cleric within 30 days after the public hearing. If the municipality elects not to submit the question to the voters, the municipality shall not propose the issuance of bonds under this section for the same purpose and in the same amount for a period of 365 days from the date of receipt of the petition. If the question of issuing the bonds is submitted and not approved by the voters, the provisions of section 475.58, subdivision Ia, shall apply. Subd. 3. Capital improvement plan. (a) A municipality may adopt a capital improvement plan. The plan must cover at least a five-year period beginning with the date of its adoption. The plan must set forth the estimated schedule, timing, and details of specific capital improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement. In preparing the capital improvement plan, the governing body must consider for each project and for the overall plan: (1) the condition of the municipality's existing infrastructure, including the projected need for repair or replacement; Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 475.521 MINNESOTA STATUTES 2014 (2) the likely demand for the improvement; (3) the estimated cost of the improvement; (4) the available public resources; (5) the level of overlapping debt in the municipality; (6) the relative benefits and costs of alternative uses of the funds; (7) operating costs of the proposed improvements; and (8) alternatives for providing services most efficiently through shared facilities with other municipalities or local government units. (b) The capital improvement plan and annual amendments to it must be approved by the governing body after public hearing. Subd. 4. Limitations on amount. A municipality may not issue bonds under this section if the maximum amount of principal and interest to become due in any year on all the outstanding bonds issued under this section, including the bonds to be issued, will equal or exceed 0.16 percent of the estimated market value of property in the municipality. Calculation of the limit must be made using the estimated market value for the taxes payable year in which the obligations are issued and sold. In the case of a municipality with a population of 2,500 or more, the bonds are subject to the net debt limits under section 475.53. In the case of a shared facility in which more than one municipality participates, upon compliance by each participating municipality with the requirements of subdivision 2, the limitations in this subdivision and the net debt represented by the bonds shall be allocated to each participating municipality in proportion to its required financial contribution to the financing of the shared facility, as set forth in the joint powers agreement relating to the shared facility. This section does not limit the authority to issue bonds under any other special or general law. Subd. 5. Application of this chapter. Bonds to finance capital improvements qualifying under this section must be issued under the issuance authority in this chapter and the provisions of this chapter apply, except as otherwise specifically provided in this section. History: 2003 c 127 art 12 s 16; 1Sp2003 c 21 art 10 s 11; 2005 c 152 art I s 27-30; 2013 c 143 art 12 s 15,16; art 14 s 99 Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. First Amendment to 2016 - 2020 Facilities Capital Improvement Plan Originally approved: August 2015 Amended: October 2017 (Amendments/updates are italicized) Page 2 Table of Contents I. INTRODUCTION ....................................................................................... 3 II. PURPOSE ................................................................................................. 3 III. CAPITAL IMPROVEMENT PLANNING PROCESS ........................................ 4 IV. PROJECTS SUMMARY .............................................................................. 5 V. FINANCING THE CAPITAL IMPROVEMENT PLAN ...................................... 13 ESTIMATED PROJECT COSTS ........................................... APPENDIX A FINANCING PLAN ........................................................... APPENDIX B SOURCES AND USES SCHDULES ...................................... APPENDIX C Page 3 City of Eagan, Minnesota Facilities Capital Improvement Plan 2016 - 2020 I. INTRODUCTION The Eagan City Council wishes to complete certain facilities capital improvement projects over the next five years, financed in large part by bonds to be repaid through ad valorem tax levies. Minnesota Statutes, Section 475.521 “Capital Improvement Bonds” generally exempts, under certain conditions, municipalities issuing bonds under a capital improvement program from the referendum election requirement of Section 475.58. The facilities will also be funded in part by cash appropriations. The City also prepares separate Capital Improvement Plans for its parks system, its streets and utilities infrastructure, and its vehicles and equipment. Those plans are not included in this document. II. PURPOSE A capital improvement as defined by MS Section 475.521 is an “acquisition or betterment of public lands, buildings, or other improvements for the purpose of a city hall, town hall, library, public safety facility, and public works facility,” with a useful life of 5 years or more. Capital improvements under the Statute do not include light rail transit or related activities, parks, road/bridges, administrative buildings other than city or town hall, or land for those facilities. This Facilities Capital Improvement Plan (“CIP”) is a document designed to anticipate capital improvement expenditures and schedule them over a five- year period. As potential expenditures are reviewed, the benefits, costs, alternatives and impact on operating expenditures are considered as well. The CIP also matches expenditures with anticipated income. This CIP is intended to fully comply with the requirements of MS Section 475.521. Page 4 The City of Eagan (the “City”) believes the capital improvement process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical public assets, preservation of public assets and sound fiscal management. Good planning is essential for the wise and prudent use of limited financial resources. The CIP is designed for an annual update. In this manner, it becomes an ongoing fiscal planning tool that continually anticipates future capital expenditures and funding sources. III. CAPITAL IMPROVEMENT PLANNING PROCESS The capital improvement planning process is as follows: City Council authorizes the preparation of the CIP. City staff assembles the capital expenditures to be undertaken within the next five years, as well as potential financing and revenue sources. City Council then reviews the expenditures according to their priority, fiscal impact, and available funding. From this information, a preliminary CIP is prepared. City Council conducts a public hearing on the CIP to solicit input from citizens, local business owners, and other interested parties. Changes may be made based on that input, and a final project list is established. City Council then prepares a CIP based on the available funding sources. If general obligation bonding is necessary, the City works with its financial advisor and bond attorney to prepare a bond sale and repayment schedule. Once the funding becomes available, including proceeds from the bond sales, the individual capital expenditures can be made. In subsequent years, the process of updating the plan to cover the next five years is repeated. For the City to use its authority to finance expenditures under Section 475.521, it must meet the requirements provided therein. Specifically, the City Council Page 5 must approve the sale of capital improvement bonds by three-fifths majority. In addition, it must hold a public hearing for public input. Notice of such hearing must be published in the official newspaper of the municipality at least 14, but not more than 28 days prior to the date of the public hearing. In addition, the notice may be posted on the City’s official web site. The governing body considers adoption of the CIP following the public hearing. Although a referendum is not required, a reverse referendum is allowable. If a petition bearing the signatures of at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the municipal clerk within 30 days after the public hearing, a referendum vote on the issuance of the bonds shall be called. If a vote is taken and the referendum passes, the taxes would be levied on market value rather than tax capacity. IV. PROJECTS SUMMARY The expenditures to be undertaken with this Facilities CIP are limited to those listed below. Other public improvement projects, including streets, utilities and parks projects, as well as vehicles and equipment purchases, are considered in other Eagan CIP plans. The following expenditure estimates have been submitted for inclusion in this CIP: 2016 Expenditures New Fire Station 1 construction: o Original: $ 5,732,418 o Amended: $ 5,464,255 Central Services Maintenance remodel/expansion—Phase 1: o Original: $ 5,182,341 o Amended: $ 8,034,224 (A portion of Phase 2 work was accelerated to Phase 1) Totals for 2016 projects: Original: $10,914,759 Amended: $13,498,479 Page 6 2018 Estimated Expenditures Central Services Maintenance remodel/expansion—Phase 2: o Original: $ 4,031,772 o Amended: $ 3,200,000 City Hall and Police remodel/expansion: o Original: $ 9,312,765 o Amended: $17,000,000 Totals for 2018 projects: Original: $13,344,537 Amended: $20,200,000 Per requirements of the Statute, the City must consider the following criteria for each project and the overall plan: 1. Condition of the City’s infrastructure and need for the project 2. Demand for the improvement 3. Cost of the improvement 4. Availability of public resources 5. Level of overlapping debt 6. Cost/benefit of alternative uses of funds 7. Operating costs of the proposed improvements 8. Options for shared facilities with other cities or local governments Findings are as follows: New Fire Station 1 1. Condition of City’s infrastructure and need for the project – This project will result in reducing the number of Eagan fire stations from five to three. The project contemplates consolidating three existing fire stations (#s 1, 3 and 5) into a new fire station, located at the corner of Blackhawk and Diffley Roads near I-35E, where full-time and duty crew firefighters can be housed, and have easy freeway access to reduce response times. As the number of volunteer firefighters continues to dwindle, there are not enough to fully staff five fire stations. Expansion or remodeling of any of the existing three fire stations in the western part of the city is not feasible, and none of them Page 7 are ideally located for fast response times to the entire western half of the city. 2. Demand for the improvement – The dwindling count of volunteer firefighters dictates the need for consolidation. The proposed new location, along with the potential for firefighters to be located at the station instead of having to drive to it when calls come in, should also result in improved response times to most addresses in its vicinity. 3. Cost of the improvement – In 2013, the City landbanked the property on which the proposed fire station will be constructed. The property cost was $625,000. The original architect plans had an estimated project cost of $6,741,505. Through staff review, $1,009,087 in costs have been cut from the original plans, reducing the estimated cost of construction to $5,732,418. Actual costs were $5,464,255. 4. Availability of public resources – The City will attempt to sell Fire Station 5 in the southwestern part of the City. Proceeds from the sale would reduce the net overall project cost. The City does not own the property on which Fire Station 3 sits, so it is not able to sell it. The existing Fire Station 1 property is in a residential area with very limited possibilities for reuse if not for a public purpose. If it were demolished and the property sold, the City would net little, if anything, from the sale. Update: Sales of both Fire Stations 1 and 5 are pending, but have not been completed. In addition, the City Council has instructed staff to place on its agenda the authorization to utilize $3.1 million in excess General Fund balance to reduce the amount of the bonds required for the projects in this CIP. Update: The council approved a transfer of $3,147,000, which was completed in 2016. 5. Level of overlapping debt – The City’s current debt profile is considered low. Moody’s and Standard and Poor’s have both cited Eagan’s low debt levels as support for their AAA/Aaa ratings (highest possible on their scales). Direct City debt and overlapping debt of the Eagan school districts, Dakota County and Metropolitan Council as of December 31, 2016 is as follows: Page 8 Estimated Share of Debt Overlapping Outstanding (1)Debt Overlapping Debt School Districts: I.S.D. No. 191 - Burnsville 142,295,000$ 11.2 %15,937,040$ I.S.D. No. 196 - Rosemount/AV/Eagan 183,240,000 33.0 60,469,200 I.S.D. No. 197 - West St. Paul 43,450,000 31.5 13,686,750 Regional: Metropolitan Council 17,525,000 (3)2.4 420,600 Subtotal, Overlapping Debt 90,513,590 Direct Debt City of Eagan 18,466,192 100.0 18,466,192 Total Direct and Overlapping Debt 108,979,782$ Estimated Percentage Governmental Unit Applicable(2) Currently, the City is levying to pay back bonds on the Community Center and to pay back funds borrowed internally for construction of Northwood Parkway and Duckwood Drive bridges over I-35E, as well as a pedestrian bridge related to a center-running bus rapid transit stop at the Cedar Grove Transit Station. Those two levies are set to expire in the next few years. The debt for this project and others in this CIP will be structured such that when the payments on the Community Center and bridges are done, the same amount or less will then be levied for these projects in this CIP. Essentially, the capital tax levy after the new bonds are issued is expected to be at the same level as, or less than, the current capital tax levy. 6. Cost/benefit of alternative uses of funds – The trend, both locally and nationally, is that it is getting harder every year to recruit and retain volunteer firefighters. The number of volunteer firefighters in Eagan has been dropping for several years and the trend is expected to continue. It is now difficult to staff five stations with volunteers. Consolidation of fire stations must be a part of the solution. As noted earlier, remodeling any of the existing Stations 1, 3, or 5 to accommodate full-time staff and duty crews stationed at the facilities is not feasible. To improve fire call response times, the City needs at least two stations that can house full-time and/or part-time duty crew staff to augment its volunteers. Page 9 7. Operating costs of the proposed improvements – Annual operating costs are estimated at $25,000 above current maintenance costs on the existing fire stations. 8. Options for shared facilities with other cities or local governments – As time is of the essence in any emergency, it is important to have stations that are strategically located to facilitate a fast response. Sharing existing facilities in other cities is not an option in responding to calls in a timely manner. It should be noted that Eagan has existing mutual aid agreements with all its neighboring cities in the case of calls that require a significant response and/or are of an extended duration. Such agreements will stay in place with the construction of the new fire station. Central Services Maintenance Remodel/Expansion 1. Condition of City’s infrastructure and need for the project – This project will increase the useful life of City assets and improve operations efficiency by doubling the heated space for storage of vehicles and equipment, enhancing cold storage and salt storage, and adding a vehicle wash bay. Currently, with so much equipment packed into the existing facility space, drive-through lanes are blocked and many vehicles and pieces of equipment are inaccessible without moving one or more items. Worker safety and productivity will be improved by enhancing interior lighting and increasing employee work space for vehicle maintenance, sign shop, welding/fabrication, carpentry, and small engine repairs. In addition, the aging office space will be remodeled to achieve ergonomic improvements and meet ADA requirements. 2. Demand for the improvement – The existing maintenance facility was constructed in 1985 and expanded in 1989 when the City was at its peak of growth. The proposed project is the final phase of the original expansion plans. In order to attract and retain good workers, a safe and pleasant work environment that fosters productivity is desirable. 3. Cost of the improvement – Original: Phase 1, originally estimated at a cost of $5,472,245, was reduced in scope through staff review by $289,904, lowering the revised Phase 1 cost to $5,182,341. Similar reductions proposed by staff Page 10 have reduced the original Phase 2 cost of $4,514,562 by $482,790 to $4,031,772. Total cost of both phases is estimated at $9,214,113. Update: A portion of Phase 2 work was accelerated to Phase 1. Actual Phase 1 costs were $7,866,224. Revised Phase 2 costs are estimated at $3,200,000, for a revised total for both phases of $11,066,224. 4. Availability of public resources – As noted in the Fire Station 1 discussion on page 7, the City Council has instructed staff to place on its agenda the authorization to utilize $3.1 million in excess General Fund balance to reduce the amount of the bonds required for the projects in this CIP. The $3.1 million specifically will reduce the amount of bonds to be issued for project work scheduled in 2016—that is, the new fire station and Phase 1 of the maintenance facility. In addition, $1.25 million of the Central Services Maintenance facility project costs are related to public utilities, and will be funded by the Public Utilities enterprise fund, further reducing the amount of bonds to be issued. 5. Level of overlapping debt – See comments in the Fire Station 1 discussion on page 7. 6. Cost/benefit of alternative uses of funds – One alternative use of funds would be to not do anything and, thus, reduce property taxes. This may result in a deterioration of services to the citizenry over the years, as well as higher vehicle and equipment costs due to greater exposure to the elements. Doing nothing will likely decrease worker safety. Another alternative would be to hire additional maintenance staff to make up for the inefficiencies and unproductivity resulting from current conditions. In addition, more frequent purchases of vehicles and equipment would be required because their useful lives would be shorter if the equipment is not garaged. Generally, the Council believes it is in the best interests of the public, the City’s assets and City staff that the City be good stewards of its vehicles and equipment, and take reasonable steps to protect and care for its workers. Page 11 7. Operating costs of the proposed improvements – Annual operating costs for building maintenance are estimated to increase $9,400 after the proposed improvements are made. 8. Options for shared facilities with other cities or local governments – The maintenance facility is essential to City operations. When snow and ice create hazardous road conditions, it is important to have a local base for snowplows so that they can readily access city streets. It would be impractical to share such facilities with another city. City Hall and Police Remodel/Expansion 1. Condition of City’s infrastructure and need for the project – This 2018 project will remodel the workspaces in both City Hall and the Police Department to meet current staffing needs. Additional office space and meeting space will be created, as well as an expansion of both male and female locker rooms in the Police Department. Further, a garage for Police vehicles—which comprises one-half of the total project cost—will be built for the safety of Police staff entering and leaving the building and to protect and extend the useful lives of Police vehicles. The City Hall/Police facility was expanded in 1995 and was designed at that time with a 20-year outlook. 2. Demand for the improvement – Compared to 20 years ago, much more of the business of today’s Police Department involves detective work. For example, investigating stolen identities and internet crimes involves staff working in the office instead of patrolling the streets. As a result, the Police Department needs more office space than ever, and it appears the nature of crimes will continue this trend. In addition, as officers come and go from the building, there seems to be a greater risk to their safety than there was 20 years ago, hence the need for a secure garage facility. The needs of staff at City Hall have increased, too. The Information Technologies department has more than doubled in size since 1995. Communications staff has increased as well. 3. Cost of the improvement – Original: The initial estimate, including contingency and anticipated inflation through 2018, was $9,902,765. Staff has proposed reducing the size of the Police parking garage, resulting in a Page 12 cost reduction of $590,000, which puts the revised project cost at $9,312,765. Revised: The revised estimate for the total project is $15,700,000 plus contingency, broken down as follows: City Hall office renovation $ 2,700,000 City Hall addition 1,200,000 Police office renovation 3,050,000 Police office addition 1,700,000 Police garage addition 3,200,000 Site development 850,000 Subtotal – construction 12,700,000 Design/other project costs 3,000,000 Total before contingency 15,700,000 Contingency 1,300,000 Total $ 17,000,000 4. Availability of public resources – At this time, no other sources of public funds have been identified other than a levy for debt service. This project is scheduled for 2018. In the event the General Fund accumulates funds over and above the City Council’s established fund balance targets by 2018, such funds could potentially be utilized to reduce the amount of borrowing required for this project. 5. Level of overlapping debt – See comments in the Fire Station 1 discussion on page 7. 6. Cost/benefit of alternative uses of funds – One alternative the City Council considered was utilization of the vacant Fire Administration building across the street from City Hall. It has been determined that if the Fire Administration building can be sold for a reasonable price, it will be less costly to add on to the proposed City Hall/Police expansion than to remodel Fire Administration to fit the City’s space needs. Because the project is not scheduled until 2018, the City will have the opportunity to try to sell the Fire Administration building in the meantime. If it does not sell before 2018, the Council may reconsider using it in lieu of a portion of the proposed building expansion. Update: The Fire Administration building was sold in August 2017 with net proceeds of $468,294, which will be used as a funding source for this Facilities CIP. Page 13 As with the proposed Central Services maintenance facility discussed on page 10, other alternatives include reduction of taxes for operations through reduced service levels, though that would likely be offset to some extent by more frequent purchase of vehicles and equipment because of their exposure to the weather. Again, the Council believes it is in the best interests of the public, the City’s assets and City staff that the City be good stewards of its vehicles and equipment, and take reasonable steps to protect and care for its workers. 7. Operating costs of the proposed improvements – Annual operating costs for building maintenance are estimated to increase $39,000 as a result of the proposed improvements. 8. Options for shared facilities with other cities or local governments – As with the maintenance facility, the City Hall and Police facilities are essential to the residents and business who conduct business at the City and who receive the public protection of the Police Department. It is not feasible to share a City Hall or Police headquarters with another city at this point. V. FINANCING THE CAPITAL IMPROVEMENT PLAN The City Council has expressed its desire to maintain or reduce the current capital-related tax burden on a going-forward basis; the Council does not want the non-operating tax levy to increase as a result of these CIP projects. Currently, two significant levies totaling about $2.3 million annually are set to expire in the near future. The $1.1 million annual levy for payment of the Community Center/Central Park bonds will expire in 2020. The $1.2 million annual levy to pay back internal loans for the I-35E overpasses and the proposed Cedar Grove transit station pedestrian bridge is set to expire in 2018. By cutting the overpasses levy in half and extending it three more years, and with making interest-only payments on the proposed bonds for a short time, the Council’s goal of maintaining or reducing the overall non-operating tax levy can be achieved, assuming interest rates do not skyrocket in the near future. Page 14 MS Section 475.521 places a maximum on the amount of annual debt service on all bonds issued under this authority to not equal or exceed 0.16% of the estimated market value of property in the municipality. For the City’s 2014 estimated market valuation, this maximum annual debt service would be approximately $10.6 million. The projected debt service for bonds issued under this statute for the CIP is approximately $2 million. Update: For the City’s 2016 estimated market valuation, the maximum annual debt service would be $12.0 million. The average annual debt service for bonds issued under this statute is estimated to be approximately $2.3 million. Appendix A itemizes the projects and associated cost estimates contemplated under this 2016-2020 Facilities CIP. Appendix B shows the financing plan, including the levy reductions from the two levies that will be expiring, and the levy impact of the new debt issues proposed for 2016 and 2018. The far right-hand column indicates the levy going forward will remain at $2.3 million annually through 2021 (including debt not issued under this statute) and then drop to $1.9 million thereafter (debt service for bonds issued under this statute). Update: The average annual debt service levy between tax collection years 2016 and 2038 is estimated to be approximately $2.3 million. Appendix C is a schedule of Sources and Uses for the 2016 and 2018/2019 bond issues based on current estimates. Update: The City reserves the authority to adjust the annual amount of bonds to be issued subject to this CIP, but the total combined amount of bonds to be issued will not exceed $30,515,000, as shown in Appendix C. As of the date of the Amendment to the CIP, the City has issued $8,130,000, leaving a balance of $22,385,000 of general obligation capital improvement bonds to finance the remaining improvements. Continuation of the Capital Improvement Plan This Capital Improvement Plan should be reviewed annually by the City Council using the process outlined in this Plan. It should review proposed expenditures, make priority decisions, and seek funding for those expenditures it deems necessary for the City. If deemed appropriate, the Council should prepare an update to this Plan. Page 15 APPENDIX A Estimated Project Costs Original: 2016 2017 2018 2019 2020 New Fire Station 1 5,732,418$ - - - - Central Services Maintenance expansion/remodel 5,182,341 - 4,031,772$ - - Police and City Hall expansion/remodel - - 9,312,765 - - 10,914,759$ - 13,344,537$ - - Amended: 2016 2017 2018 2019 2020 New Fire Station 1 5,464,255$ - - - - Central Services Maintenance expansion/remodel 8,034,224 - 3,200,000$ - - Police and City Hall expansion/remodel - - 17,000,000 - - 13,498,479$ - 20,200,000$ - - Page 16 APPENDIX B Financing Plan Original: Levy Year Payment Date 2009B GO Fac Ref Bonds Bridges/ Exchanges Total Existing Debt Service $9,840,000 2016 Bonds $15,175,000 2018 Bonds TOTAL 2014 02/01/2016 1,120,927.50 1,200,000.00 2,320,927.50 --2,320,927.50 2015 02/01/2017 1,119,615.00 612,000.00 1,731,615.00 180,287.18 -1,911,902.18 2016 02/01/2018 1,122,765.00 624,420.00 1,747,185.00 520,844.63 -2,268,029.63 2017 02/01/2019 1,124,970.00 636,725.00 1,761,695.00 506,842.88 -2,268,537.88 2018 02/01/2020 1,113,210.00 649,459.00 1,762,669.00 507,682.88 -2,270,351.88 2019 02/01/2021 1,119,300.00 662,448.00 1,781,748.00 486,696.00 -2,268,444.00 2020 02/01/2022 675,697.45 675,697.45 486,417.75 1,106,579.25 2,268,694.45 2021 02/01/2023 646,031.00 646,031.00 485,315.25 1,137,003.00 2,268,349.25 2022 02/01/2024 488,759.25 1,412,118.75 1,900,878.00 2023 02/01/2025 486,244.50 1,410,297.00 1,896,541.50 2024 02/01/2026 488,381.25 1,411,425.75 1,899,807.00 2025 02/01/2027 484,344.00 1,410,454.50 1,894,798.50 2026 02/01/2028 485,079.00 1,412,554.50 1,897,633.50 2027 02/01/2029 484,827.00 1,411,746.00 1,896,573.00 2028 02/01/2030 488,276.25 1,414,134.75 1,902,411.00 2029 02/01/2031 485,554.13 1,413,200.25 1,898,754.38 2030 02/01/2032 487,512.38 1,412,462.63 1,899,975.00 2031 02/01/2033 483,443.63 1,414,176.75 1,897,620.38 2032 02/01/2034 484,031.63 1,413,357.75 1,897,389.38 2033 02/01/2035 483,813.75 1,414,612.50 1,898,426.25 2034 02/01/2036 488,024.25 1,412,987.63 1,901,011.88 2035 02/01/2037 485,940.00 1,419,579.00 1,905,519.00 Total $6,720,787.50 $5,706,780.45 $12,427,567.95 $9,978,317.56 $22,026,690.00 $44,432,575.51 Assumptions: 1) The 2016 Bonds finance net project proceeds of $6,517,759 2) Interest rates for the 2016 Bonds are current NBQ rates + 50bp 3) The 2018 Bonds finance net project proceeds of $13,344,537 4) Interest rates for the 2018 Bonds are current NBQ rates + 100bp 5) The 2018 Bonds have 3 years of capitalized interest with principal beginning in 2022 6) Debt service shown for the bridges/exchanges has been provided by the City 7) Debt service for the 2009B Bonds, 2016 Bonds and 2018 Bonds are shown at the 105% overlevy Existing Debt Service Projected Future Debt Service Page 17 APPENDIX B (cont’d) Financing Plan Amended: 2009B 1 Bridges /Exchanges 2016A (CIP) 5, 7 Total 2018 (CIP) 2, 5, 7 2019 (CIP) 3, 5, 7 Total 2016 2017 1,069,300 539,478 534,894 2,143,672 0 0 0 2,143,672 $0 $2,143,672 2017 2018 1,009,258 554,493 519,879 2,083,629 0 0 0 2,083,629 $143,900 $2,227,529 2018 2019 1,005,029 553,601 520,771 2,079,401 0 210,670 210,670 2,290,071 $145,653 $2,435,724 2019 2020 1,015,303 574,023 500,349 2,089,674 0 73,476 73,476 2,163,150 $143,763 $2,306,913 2020 2021 531,158 543,241 1,074,399 462,446 751,322 1,213,769 2,288,168 $141,810 $2,429,978 2021 2022 526,563 547,809 1,074,372 480,241 735,772 1,216,013 2,290,385 $144,981 $2,435,366 2022 2023 401,033 546,654 947,687 544,724 809,272 1,353,996 2,301,683 $142,685 $2,444,367 2023 2024 545,184 545,184 717,838 1,038,185 1,756,023 2,301,206 $145,441 $2,446,647 2024 2025 543,399 543,399 697,867 1,082,364 1,780,230 2,323,629 $142,643 $2,466,272 2025 2026 545,499 545,499 693,184 1,087,165 1,780,349 2,325,847 $139,640 $2,465,487 2026 2027 547,389 547,389 687,929 1,095,368 1,783,296 2,330,685 $0 $2,330,685 2027 2028 543,819 543,819 687,110 1,127,734 1,814,844 2,358,662 $0 $2,358,662 2028 2029 545,394 545,394 706,325 1,125,582 1,831,906 2,377,300 $0 $2,377,300 2029 2030 546,759 546,759 692,465 1,132,134 1,824,598 2,371,357 $0 $2,371,357 2030 2031 542,664 542,664 699,101 1,157,465 1,856,565 2,399,229 $0 $2,399,229 2031 2032 543,714 543,714 683,613 1,180,145 1,863,758 2,407,472 $0 $2,407,472 2032 2033 543,588 543,588 688,601 1,179,515 1,868,115 2,411,703 $0 $2,411,703 2033 2034 547,987 547,987 702,902 1,177,289 1,880,190 2,428,178 $0 $2,428,178 2034 2035 546,265 546,265 710,672 1,183,935 1,894,607 2,440,872 $0 $2,440,872 2035 2036 543,771 543,771 769,498 1,094,029 1,863,527 2,407,298 $0 $2,407,298 2036 2037 977,634 1,556,869 2,534,503 2,534,503 $0 $2,534,503 2037 2038 978,075 1,532,785 2,510,860 2,510,860 $0 $2,510,860 Notes 1) 2) 3) 4) 5)Subject to limitations for annual debt service pursuant to MS Section 475.521. 6) 7)Includes 5% overlevy for tax. 8)The 2018 CIP Bonds anticipate three years of capitalized interest, first interest payment estimated to be 2/1/2019. 9)The 2018 Equipment Bonds do not anticipate any capitalized interest. 10)The 2019 CIP Bonds anticipate capitalized interset to pay a portion of interest payments, first interest payment estimated to be 2/1/2020. 11) Bond payment dates are February 1 and August 1 for debt shown in this table. Bonds mature on February 1. See Appendix C for original par amounts of the 2016A Bonds ($8.13M) and anticipated 2018 ($8.8M for CIP and $1.12M for Equip) and anticipated 2019 bonds ($13.505M). Interest rates for the future 2018 and 2019 bonds are estimate at 50BP above current rates BQ for the 2018 Bonds and 75BP above current non-BQ rates for the 2019 Bonds. The 2019 Bonds are estiamted to be non-bank qualified bonds (non-BQ). 2018 (Equipment Portion) 4, 7 Total Debt Service Tax Levy Acquisition of fire equipment is not subject to issuance of bonds under the City's Amended 2016-2021 Facilities Capital Improvement Plan or Minnesota Statutes 475.521. The City plans to issue equipment certificates subject to Minnesota Statutes 412.301. The equipment acquisition is included above because the City seeks to manage its overall debt service levy inclusive of all obligations. Tax Levy Year Tax Collection Year 2009B levies are estimated based on assumed refunding savings. The 2009B Bond are anticipated to be refunded in 2018. 2018 Bonds estimated to be dated 4/1/18 - assumed interest rates - bank qualified at current market plus 50 basis points. 2019 Bonds estimated to be dated 2/1/19 - assumed interest rates - non-bank qualified at current market plus 75 basis points. Debt Service Tax Levy For Existing Debt Debt Service Tax Levy For New Debt (CIP) Subtotal Page 18 APPENDIX C Original: $6,660,000 City of Eagan, Minnesota General Obligation Capital Improvement Plan Bonds, Series 2016 Option 3 - May 29, 2015 Sources & Uses Dated 04/01/2016 | Delivered 04/01/2016 Sources Of Funds Par Amount of Bonds.....................................................................................................................................................................................$6,660,000.00 City Cash Contribution..................................................................................................................................................................................3,147,000.00 Utility Funds...........................................................................................................................................................................................1,250,000.00 Total Sources...........................................................................................................................................................................................$11,057,000.00 Uses Of Funds New Fire Station........................................................................................................................................................................................5,732,418.00 CSM Phase 1.............................................................................................................................................................................................5,182,341.00 Costs of Issuance.......................................................................................................................................................................................75,000.00 Total Underwriter's Discount (1.000%)..................................................................................................................................................................66,600.00 Rounding Amount.........................................................................................................................................................................................641.00 Total Uses..............................................................................................................................................................................................$11,057,000.00 $15,175,000 City of Eagan, Minnesota General Obligation Capital Improvement Plan Bonds, Series 2018 Option 3 - May 29, 2015 Sources & Uses Dated 04/01/2018 | Delivered 04/01/2018 Sources Of Funds Par Amount of Bonds.....................................................................................................................................................................................$15,175,000.00 Total Sources...........................................................................................................................................................................................$15,175,000.00 Uses Of Funds Police/City Hall........................................................................................................................................................................................9,312,765.00 CSM Phase 2.............................................................................................................................................................................................4,031,772.00 Deposit to Capitalized Interest (CIF) Fund..............................................................................................................................................................1,597,674.17 Total Underwriter's Discount (1.000%)..................................................................................................................................................................151,750.00 Costs of Issuance.......................................................................................................................................................................................80,000.00 Rounding Amount.........................................................................................................................................................................................1,038.83 Total Uses..............................................................................................................................................................................................$15,175,000.00 Page 19 APPENDIX C (cont’d) Amended: 2016 2017 2018 2019 2020 Total ORIGINAL PLAN: Use of Funds New Fire Station 1 5,732,418$ 5,732,418$ Central Services Maintenance expansion/remodel 5,182,341 4,031,772$ 9,214,113 Police and City Hall expansion/remodel 9,312,765 9,312,765 Subtotal Facilities CIP Construction Costs 10,914,759 13,344,537 24,259,296 Plus cost of issuance of bonds 142,241 232,789 375,030 Plus capitalized interest fund 1,597,674 1,597,674 Total 11,057,000 15,175,000 26,232,000 Source of Funds Bond proceeds (CIP)6,660,000 15,175,000 21,835,000 Use of cash city governmental funds 3,147,000 3,147,000 Use of cash city utility funds 1,250,000 1,250,000 Total 11,057,000 15,175,000 26,232,000 AMENDED PLAN: Use of Funds New Fire Station 1 5,464,255$ 5,464,255$ Central Services Maintenance expansion/remodel 7,866,224 3,200,000$ 11,066,224 Police and City Hall expansion/remodel 4,357,549 12,642,451$ 17,000,000 Subtotal Facilities CIP Construction Costs 13,330,479 7,557,549 12,642,451 33,530,479 Plus Fire Equipment Acquisition 1 1,100,000 1,100,000 Plus cost of issuance of bonds 133,562 150,000 190,050 473,612 Plus capitalized interest fund 723,704 672,499 1,396,203 Total 13,464,041 9,531,253 13,505,000 36,500,294 Source of Funds Bond proceeds (CIP)8,130,000 8,880,000 13,505,000 30,515,000 Bond proceeds (Equipment)1,120,000 1,120,000 Sale of property 468,294$ 468,294 Use of cash city governmental funds 3,147,000 3,147,000 Use of cash city utility funds 1,250,000 1,250,000 Total 12,527,000 468,294 10,000,000 13,505,000 36,500,294 Cumulative source of funds less use of funds (937,041) (468,747) - - - - Notes: 1. Acquisition of fire equipment is not subject to issuance of bonds under the City's Amended 2016-2021 Facilities Capital Improvement Plan or Minnesota Statutes 475.521. The City plans to issue equipment certificates subject to Minnesota Statutes 412.301. The equipment acquisition is included above because the City seeks to manage its overall debt service levy inclusive of all obligations. Agenda Information Memo November 21, 2017, Eagan City Council Meeting NEW BUSINESS A. Rezoning and Preliminary Subdivision (Parkside Place) – The Lincoln Group, Inc Actions To Be Considered: To approve (or direct preparation of Findings of Fact for denial) of a Rezoning from A, Agricultural, to R-1, Residential Single Family upon approximately 12.2 acres located west of Hwy 3 (S. Robert Trail), east of Dodd Road and bordering on Rosemount to the south. To approve (or direct preparation of Findings of Fact for denial) of a Preliminary Subdivision (Parkside Place) to create 22 single-family lots, including a Variance to allow a cul-de-sac exceeding 500 feet in length, upon approximately 12.2 acres located west of Hwy 3 (S. Robert Trail), east of Dodd Road and bordering on Rosemount to the south , subject to the conditions listed in the APC minutes plus the condition listed in the Issues section. Required Vote For Approval: Rezoning – At least three votes Preliminary Subdivision – Majority of Councilmembers present Facts: The property consists of three parcels; one platted with a single family home, one unplatted with an industrial use and a remnant parcel. The proposed subdivision complies with the R-1 zoning standards and is consistent with the Low Density residential land use designation having a gross density of 1.8 units per acre. The site is adjacent to multiple sources of noise including a state highway and railroad to the east, and the West End Trap Club to the east. Proximity to the gun club requires that the applicant demonstrate that the proposed development will not cause the gun club to become out of compliance with state statutes, and proximity to the state highway and railroad require the developer to provide a noise abatement plan. Conditions of approval include incorporating noise attenuation construction standards into the homes similar to what is required in Airport Noise Exposure Zones. Earlier this year, the City Council determined there should be no direct or indirect connection of Dodd Road to 120th Street in Rosemount. Access to the site is proposed via an extension of Dodd Road and Parkside Circle, and an extension of Parkside Court. The cul-de-sac length of Parkside Court is approximately 670 feet, which exceeds the City Code maximum standard of 500 feet, resulting in the Variance request. Tree removal is proposed at 80% and tree preservation standards are proposed to be satisfied through mitigation. The Advisory Planning Commission held a public hearing on the proposed requests at the October 24, 2017 meeting and recommended approval of each request. Issues: A condition of approval was inadvertently omitted from the staff report. This requirement should be added as a condition of approval as follows: o This development shall be subject to cash park and trail dedication for 21 lots, payable at the time of Final Subdivision. 60-Day Agency Action Deadline: Waived Attachments: (5) NBA-1 Location Map NBA-2 Draft October 24, 2017 APC Minutes NBA-3 Planning Report NBA-4 Report Exhibits NBA-5 Public correspondence SPRUCE CIRBROOKLY N A V EWATERVIEWCOVE FARM ROAD BISCAYNE AVEREDPIN E CTWOODLA ND WAY C.S.A.H. NO. 32 DODDROADREDPOLL CTFAWN RID G E T RAI L WHI TETAI L WAYNORTHHAYLAKER O A D WHITETAILWAYR I E NDEERLANECA R IB OULNHAYLAKECT N.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 EENLEAFDRD O D D R O A D O AKPONDR O A D WGREENLEAFDRRED PINE LN MCFADDENS TRAILISABELLECTROSA CT SHELERUD DR P INECONETRLP I NECONECIRDODDROADMCFADDENSTRA I L MANORDRMANOR DR ALLAN LANE MIDDLE LANEWATERFO R DDRESUDBERRY LANE SUDBER RYLANEOAKPON D RDOA K P OND CI RC.S.A.H. NO. 32 TODD AVE D O D DROADC.S.A.H.NO.32 (CLIFF ROAD) C.S.A.H.NO.32(CLIFFRD.)C.S.A.H.NO.32 (CLIFF ROAD)(CHICAGO,MILWAUKEE,ST.PAUL&PACIFICRAILROAD)7 SOO LINE RRGUN CL UB ROAD L YNXCTSTATETRUNKHWY.NO.3MARSH COURT NA UVOO LANEREDPINELANE PARKSIDE COURTPARKSID ECIR C L ESWEET ST HistoricHolzFarm Park SouthOaks ParkOak PondHillsPark Park Lebanon HillsRegional Park HolzFarmPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Parkside PlaceRequest: Rezoning; Preliminary SubdivisionCase N o.: 36-RZ-05-08-17; 36-PS-07-08-17 Subject SiteSubject Site Advisory Planning Commission October 24, 2017 Page 6 of 21 C. Parkside Place Applicant Name: Daniel P Lincoln, The Lincoln Group, Inc. Location: 4940 & 4980 Dodd Road; SECTION 36 TWN 27 RANGE 23 Application: Rezoning A Rezoning of approximately 12 acres from A, Agriculture to R-1, Residential Single Family. File Number: 36-RZ-05-08-17 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 12 acres to create 22 single family lots. File Number: 36-PS-07-08-17 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 17, 2017.Member Vanderpoel asked if the noise abatement plan would apply to all of the lots in the development. Planner Thomas replied affirmatively, referencing conditions of approval 4 and 5. The applicant stated he was available for questions. Chair Piper opened the public hearing. Robert Jensen, 639 Parkside Court, asked what would happen to his cul-de-sac, stated his support for not connecting Dodd Road to 120th Street, opined the proposed trees along the east edge of the site will not be consistent with his property and asked the value of the future homes. Two IGH residents stated their support for maintaining the Dodd Road cul-de-sac. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer Aaron Nelson explained the design and capacity for the Dodd Road and Parkside Court cul-de-sacs, drainage and tree mitigation. Member Weimert moved, Member Sagstetter seconded a motion to recommend approval of a Rezoning from A, Agricultural to R-1, Residential Single Family, upon approximately 12.2 acres located west of Hwy. 3, east of Dodd Road and bordering on Rosemount to the south. All voted in favor. Motion carried 7-0. Member Weimert moved, Member Heckmann seconded a motion to recommend approval of a Preliminary Subdivision consisting of 22 single-family lots, including a Variance to allow a cul- de-sac exceeding 500 feet in length for Parkside Court, upon approximately 12.2 acres located west of Hwy. 3, east of Dodd Road and bordering on Rosemount to the south, subject to the following conditions as amended, removing condition #13 from the staff report as a duplicate1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: B1, B2, B3, B4, C1, C2, C3, C4, E1, G1, H1, L1 2. The property shall be platted. Advisory Planning Commission October 24, 2017 Page 7 of 21 3. Prior to Final Subdivision, the applicant shall demonstrate that the proposed development would not cause the Gun Club to become out of compliance with State Statutes. 4. Because of the proximity of the development site to the West End Gun Club, the developer shall establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. 5. Architectural design and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA for all lots. Compliance with this standard shall be demonstrated at the time of application for Building Permit. 6. The Tree Mitigation Plan shall be revised to identify the type of tree species and its location. 7. The applicant shall fulfill tree mitigation requirements through the installation of one-hundred fifty-two (152) Category A trees. 8. The applicant shall submit documentation indicating the availability of the required 152 Category A trees. 9. The applicant shall provide a performance guarantee covering the cost of completing required tree mitigation in the amount of $91,200.00. 10. The applicant shall provide protection of the preserved 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. 11. 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. 12. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 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 construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 14. All retaining walls shall be privately owned and maintained, and the applicant shall enter into an encroachment agreement for any retaining walls located in a drainage and utility easement. 15. 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 Advisory Planning Commission October 24, 2017 Page 8 of 21 impervious surface area (including effective soil remediation for the site’s disturbed soils that are to be revegetated). 16. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables to demonstrate compliance with minimum volume control retention including detailing drainage areas for each basin, details for stable inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, planting details (including live planting at 18-inch on-center spacing with seeding of all basin bottoms, and seeding of side-slopes), permanent erosion-control details, etc., to ensure infiltration practices are 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. Grading Plan, Utility Plan, etc.). 17. 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.) 18. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of each proposed infiltration area, extending a minimum of 10’ below the bottom of all proposed infiltration features with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the impervious drainage areas. 19. The applicant shall provide a minimum of 15-foot-wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street-edge to all surface stormwater facilities’ inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 20. The applicant shall provide adequately sized pre-treatment (e.g. 4-foot depth sump with floatable skimmer hood, 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. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s). Advisory Planning Commission October 24, 2017 Page 9 of 21 21. 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 0.4-inch per hour (based on 0.2-inch per hour design rate with safety factor) or greater (but less than 8.0-inch per hour). If the sub-soil infiltration rates are less than 0.4-inch per hour (or greater than 8.0-inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) design and construction as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48-hours after infiltration testing. The applicant shall ensure that the City Water Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications and also provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 22. Prior to receiving a Certificate of Occupancy for any affected residential 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 approved soil management strategy compliance. 23. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As-built volumes (for retention) shall be provided for the infiltration/bioretention basins. 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. 24. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards, including along Dodd Road. 25. All wells and septic systems within the development shall be abandoned in accordance with City and County standards. 26. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood, at the time of final subdivision approval. 27. A temporary cul-de-sac easement shall be acquired in a form acceptable to the City Attorney (Standard Condition of Approval C3). All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 2017 CASE: 36-RZ-05-08-17 36-PS-07-08-17 APPLICANT: The Lincoln Group, Inc HEARING DATE: October 24, 2017 PROPERTY OWNER: Margaret Macrae APPLICATION DATE: September 20, 2017 The Lincoln Group, Inc. Mid-American Holding Company LLC REQUEST: Rezoning and Prelim. Subdivision PREPARED BY: Sarah Thomas LOCATION: East of Dodd Rd and West of Hwy.3 bordering on Rosemount COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agricultural SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from A, Agricultural to R-1, Residential Single Family, and a Preliminary Subdivision to create 22 lots upon 12.2 acres, including a Variance to maximum cul-de-sac length, for property located west of Hwy. 3 (S. Robert Trail), east of Dodd Road and bordering on Rosemount to the south 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. 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. Planning Report – Parkside Place October 24, 2017 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that “In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in the city's water quality and wetland management plan which is properly approved and filed in the office of the city clerk and in effect as of the date the subdivision application was received by the city, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the Planning Report – Parkside Place October 24, 2017 Page 3 city clerk to maintain the water quality management plan and make the same available to the public. L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code. M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. Variance: City Code Chapter 13, Section 13.40, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. BACKGROUND/HISTORY The northerly 5.4-acre parcel, Lot 3, Block 1, SKY VIEW, was platted and the single family home was built in 1991. The southerly ~ 6 acre parcel is unplatted and contains two 3,800 SF warehouse/storage buildings built in the mid-1980’s. Commonly known as ROSEAGAN, the southerly site accommodated a number of industrial-type users with indoor and outdoor storage needs over the past few decades. Planning Report – Parkside Place October 24, 2017 Page 4 EXISTING CONDITIONS The proposed development consists of three properties, two of which are developed. The property to the north contains a single family home and the property to the south is developed as an industrial use. The third parcel is a .28 acre remnant parcel, adjacent to Dodd Rd. Access to the northern parcel is via Dodd Road and access to the southern property is currently available via 120th Street to Dodd Road. The property abuts Hwy 3 and the VFW to the east, and is adjacent to the City of Rosemount to the South. 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 homes R-1, Single Family LD, Low Density East VFW and Hwy. 3 Agricultural/Right-Of- Way LD, Low Density/Right- Of-Way South VFW and Single-family; Vacant/Agricultural (Rosemount) Rural Residential; Agricultural; Right-of- Way Rural Residential; Right- of-Way West Lebanon Hills Regional Park Park Parks, Open Space and Recreation EVALUATION OF REQUEST Description of Proposal – The applicant is proposing to develop the property with 21 single- family homes consistent with the LD, Low Density land use designation, and proposed R-1 zoning district. The existing single family home located on the property is proposed to remain (Lot 7, Block 2). Compatibility with Surrounding Area – The property is guided for Low Density residential development. The surrounding area is developed with rural residential/agricultural to the south within Rosemount, and low density residential single-family homes to the north. The property to the west is a Regional Park and to the east is State TH 3, railroad, and the West End Gun Club. The Shooting Range Protection Act initially adopted by the State legislature in 2005 and subsequently amended, does not allow new development within 750 feet of the gun club property that would cause the range to no longer be in compliance with the performance and noise standards in State Statutes. A portion of this development (approximately 12 lots) is within 750 feet of the Gun Club property to the east. Therefore, the applicant should demonstrate that the proposed development would not cause the Gun Club to become out of compliance. Planning Report – Parkside Place October 24, 2017 Page 5 In addition, because of the proximity of the development site to the West End Gun Club, the developer should establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. Airport Noise Considerations – The property lies outside of the Airport Noise Zones. Noise Abatement – The site is adjacent to a State highway and railroad to the east, as well as the gun club, all of which will expose the proposed residential neighborhood to noise that at times may exceed State noise standards. Chapter 13.20, Subd. 15 states “Where a plat is located along a freeway, major arterial or other area which generates high volumes of noise, the subdivider shall be required to prepare a plan to provide noise abatement. Said plan shall provide for noise abatement through architectural site design, the construction of earth berms, dense vegetation, walls, or the combination thereof or similar means which shall be reviewed and approved by the City. Such barriers shall be constructed in accordance with PCA standards for the appropriate land use.” The applicant has not provided a noise abatement plan. A row of trees, species unknown, is proposed along much of the eastern boundary of Lots 1 and 2, Block 3. The effectiveness of the vegetative buffer in abating traffic and railroad noise is questionable. Given the proximity to Hwy. 3 and a railroad, as well as the gun club to the east, it would be appropriate to employ noise reduction construction techniques for the new single-family homes similar to what is utilized in areas subject to airport noise. Thus, architectural design and construction methods should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA for all lots. Lots and Density – The proposed subdivision creates 22 single family lots consistent with R-1 standards. The R-1 zoning district requires a minimum lot size of 12,000 sf, with a minimum lot width of 85’ at the front setback line and 50’ of public street frontage. The lots range from 15,093 sf to 72,046 sf. The proposed 22 lots on 12.2 acres result in a gross density of 1.8 units per acre; net density excluding right-of-way is 2.12 units/acre. Both gross and net density measures are consistent with the Low Density land use designation. Setbacks – The R-1 zoning district establishes a minimum setback of 30’ for the front yard, and 15’ for the rear yard. In side yards, a minimum setback of 10’ is required for the house and 5’ for the garage. Grading/Topography – The northern half of the site has an existing single family home surrounded with light tree coverage. West of the house is open. The southern part of the site has been previously graded and has a parking lot and two buildings. The entire site will be disturbed for development of the site. The high point is in the west-central portion of the site and the majority of the site drains to the east. Only a small portion of the drainage currently makes it to TH 3. Elevations range from approximately 982 to 952. Planning Report – Parkside Place October 24, 2017 Page 6 The preliminary grading plan is acceptable with modification. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. The grading plan shows construction of two side yard retaining walls centered on common lot lines, and a rear yard retaining wall adjacent to the VFW property. All retaining walls should be privately owned and maintained, and the applicant should enter into an encroachment agreement for any retaining walls located in a drainage and utility easement. Storm Drainage – The preliminary storm drainage plan is acceptable, with modifications. The entire site lies within Drainage District L1 (as designated in the City Storm Water Management Plan – 2007). Storm water runoff from the development will drain via an on-site storm sewer system to a large infiltration basin in the central portion of the site, and three small basins around the perimeter of the site. Overflow from the large basin is shown to discharge into Mn/DOT right-of-way for TH 3, where it would travel in the ditch to the north toward City Pond LP-22.1. Any stormwater discharge to Mn/DOT property is subject to the approval of a drainage permit through Mn/DOT. The infiltration basin in the southwest corner of the development treats rear yard drainage and doesn’t have any piped inlets or outlets. The basin at the southeast corner of the site has a pipe outlet and an emergency overflow that directs runoff to the east (onto the VFW property), however, existing drainage patterns naturally direct runoff to that location, and with the addition of storm sewer and infiltration basins, drainage will be improved over existing conditions. Wetlands – Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Stormwater Management/Water Quality – The applicant proposes to add new and fully- reconstructed impervious surfaces totaling approximately 3.1 acres, with an additional 9.1 acres of disturbed/graded soils (to be revegetated), on the 12.2 acre site (not including ROW dedication area). This 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. To meet the 1.1” Volume Control requirement for this development proposal, a minimum of 12,378 cubic feet of effective retention will need to be provided (with an acceptable Soil Management Strategy). Planning Report – Parkside Place October 24, 2017 Page 7 The applicant proposes to meet City water quality/stormwater requirements through the on-site construction of four infiltration basins (with a total effective retention volume of 12,312 cubic feet), soil remediation for the top 12” of soil for 9.1-acres of disturbed/graded soil areas that are proposed to be revegetated pervious surfaces, and rate control outlets on the basins receiving direct impervious surface runoff to maintain predevelopment peak runoff rates. The stormwater management system of this proposed development would ultimately become publicly managed. Overflow from the stormwater basins receiving direct impervious surface runoff would be piped to the east to discharge into the road right-of-way of Robert Trail South/MnDOT Highway 3, which would then flow north to existing public stormwater wetland LP-22.1. Eagan Water Resources has reviewed the applicant’s plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code §4.34 Post-Construction Stormwater Management Requirements are acceptable with conditions to ensure adequate pre-treatment for infiltration basins, appropriate infiltration basin design and construction to allow for effective retention volume and infiltration as intended, verification of infiltration performance and retention volume capacity, infiltration basin protections during construction until final stabilization, unobstructed basin/system maintenance access, and successful incorporation of specified soil management strategies. Sanitary Sewer/Water Main – The preliminary utility plan is acceptable, with modification. Lateral water main and sanitary sewer of sufficient size, depth, and capacity is available from the north for connection and extension with development of the property. Sanitary sewer Districts C, as designated in the City’s Comprehensive Sanitary Sewer Plan, serves the site. The nearest water main and sanitary sewer that’s available is at the intersection of Dodd Road and Parkside Drive. They are proposed to be extended to the south along Dodd Road, and the water main would be looped through the site to connect to a stub provided on Parkside Circle. The extension of Dodd Road will require approximately 500 feet of street to be reconstructed. Lateral water and sewer stubs are being provided off of Dodd Road for a possible future subdivision of proposed Lot 7, and at the end of Parkside Court for future extension to the VFW property. All utilities associated with this development would be publicly owned and maintained. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards, including along Dodd Road. All wells and septic systems within the development should be abandoned in accordance with City and County standards. In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood, at the time of final subdivision approval. Planning Report – Parkside Place October 24, 2017 Page 8 Streets/Access/Circulation – Street access for the development is proposed via the extension of Dodd Road and Parkside Circle. Dodd Road was originally constructed as a collector roadway, and it connected to 120th Street in Rosemount. In 2001, the City Council requested the connection to 120th Street be removed and a cul-de-sac be constructed at the south end of Dodd Road. Since then, Dodd Road has acted as a residential street and only provides local street access for the properties south of Red Pine Lane. The City Council determined there should be no direct or indirect connection of Dodd Road to 120th Street in Rosemount earlier this year. The Site Plan shows Dodd Road being extended to the south, and Parkside Circle is shown to loop through the site and connect to Dodd Road. It also proposes to extend Parkside Court to the northern property line of the VFW property, where a temporary cul-de-sac would be installed. This street stub would serve the VFW property if/when it develops in the future. Since Dodd Road no longer connects to 120th Street, everything south of Red Pine Lane acts as a long cul-de-sac. City Code allows cul-de-sacs up to 500 feet, and a Variance is necessary for any cul-de-sac exceeding 500 feet in length. The proposed cul-de-sac length of Parkside Court measured from Parkside Circle is approximately 670 feet; however, the total length of the cul-de- sac may be considered everything south of Red Pine Lane. The approval of this subdivision would act as the approval of the variance for exceeding the maximum cul-de-sac length. With 21 homes being added with this development, it is anticipated Dodd Road will experience approximately 210 more vehicle trips per day. The capacity of Dodd Road well exceeds its current and anticipated traffic volumes; however, there is no public street access south of Red Pine Lane, so all traffic must enter and exit to the north. There are no existing pedestrian facilities in the area, and none are proposed for this development. Variance – At present, the only public street access to this site is via Dodd Road to the west. Parkside Court represents a 670’ cul-de-sac which exceeds the 500’ maximum length standard; however, as mentioned previously, the disconnection of Dodd Road to the south previously created a cul-de-sac of several thousand feet for all intents and purposes. Easements/Right-of-Way – The development proposes to dedicate right-of-way and standard public drainage and utility easements over public utilities, ponding areas, adjacent to rights-of- ways, and along lot lines. A temporary cul-de-sac is proposed at the end of Parkside Court on the development property. The developer is encouraged to move the temporary cul-de-sac off of Lots 13 Block 1 and Lot 2 Block 3 and move it onto the VFW property. Wherever the cul-de-sac is placed, as indicated in Standard Condition of Approval C3, a temporary cul-de-sac easement will be required. The developer should obtain all outside agency permits as necessary for completion of the site improvements. Tree Preservation – This development’s tree preservation will be considered on a single-phase, multiple-lot, residential type of application. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 40.0%. Planning Report – Parkside Place October 24, 2017 Page 9 A tree inventory has been submitted with this application which indicates there are two-hundred twenty-two (222) significant trees currently existing on site. According to the plan submitted, significant tree impacts will result in the removal of one-hundred seventy-eight (178) significant trees (80% of the total). Because the proposed removal exceeds 40%, there is required mitigation with this development. The required tree mitigation is one-hundred fifty-two (152) Category A trees, or equivalent Category B or C trees. The submitted Tree Mitigation Plan provides for complete fulfillment of this requirement through the installation of one-hundred fifty-two (152) Category A trees on-site; however, the plan does not indicate which species of tree will go where. The plan should be revised to reflect this information. Additionally, staff has concerns about the availability of the applicant being able to obtain both the quantity and species of mitigation trees in the large Category A size (Category A trees are defined as; deciduous trees equal to/greater than 4” caliper, coniferous trees; equal to or greater than 12’ height). The applicant should submit documentation indicating the availability of the required Category A trees. If the full mitigation with use of Category A trees is not available, the applicant should install a combination of Category A, and/or Category B trees and cash. Per City ordinance, unless the applicant provides tree mitigation in the form of cash dedication, one-hundred percent of the cost of completing required tree replacement (mitigation) shall be collected. For this application, this performance guarantee calculates to one-hundred fifty-two (152) Category A trees at a rate of $600.00 per tree, or $91,200.00. Landscaping – The Zoning Ordinance does not require a Landscape Plan for single-family development. Thus all planting on the Tree Mitigation Plan can be considered to fulfill mitigation requirements. The Mitigation Plan proposes trees along the street frontages, and trees along the east site boundary which will provide a separation and buffer to State Hwy 3 and the Gun Club. Financial Obligation – At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff, all trunk utility financial obligations have been previously collected for this property. The development will extend and install all lateral utilities necessary for the development, so no lateral charges will be due with the development. Parks and Recreation – This development is subject to cash park and trail dedication for 21 new residential lots, payable at the time of Final Plat at the rates then effect. The 2017 rates for single-family residential development are $3,579 per lot for parks and $258 per lot for trails. Planning Report – Parkside Place October 24, 2017 Page 10 SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning from A, Agricultural, to R-1, Residential Single-family, upon approximately 12.2 acres located west of Hwy. 3, east of Dodd Road and north of the City of Rosemount. The applicant is proposing a Preliminary Subdivision consisting of 22 single-family lots, including an existing single family home. The proposal includes a Variance to exceed the maximum cul-de-sac length of 500’. As proposed, the lots comply with R-1 standards and the development is consistent with the Low Density residential land use designation specifically and the area in general. Proximity of the development site to sources of noise including a state highway, a railroad and the gun club make sound attenuation construction appropriate, similar to what is required in areas exposed to airport noise. In addition, prior to final subdivision, the applicant must demonstrate that the proposed development would not cause the gun club to become out of compliance with performance and noise standards found in State Statutes. Access to the site is proposed via an extension of Dodd Road, Parkside Circle and Parkside Court. Dodd Road is currently a long cul-de-sac street extending south from Red Pine Lane. Tree mitigation is required for tree removal above the allowable limit. Park and trail dedications should be fulfilled through a cash dedication. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning from A, Agricultural to R-1, Residential Single Family, upon approximately 12.2 acres located west of Hwy. 3, east of Dodd Road and bordering on Rosemount to the south. To recommend approval of a Preliminary Subdivision consisting of 22 single-family lots, including a Variance to allow a cul-de-sac exceeding 500 feet in length for Parkside Court, upon approximately 12.2 acres located west of Hwy. 3, east of Dodd Road and bordering on Rosemount to the south. If approved, the following conditions shall apply. 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: B1, B2, B3, B4, C1, C2, C3, C4, E1, G1, H1, L1 2. The property shall be platted. 3. Prior to Final Subdivision, the applicant shall demonstrate that the proposed development would not cause the Gun Club to become out of compliance with State Statutes. 4. Because of the proximity of the development site to the West End Gun Club, the developer shall establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. Planning Report – Parkside Place October 24, 2017 Page 11 5. Architectural design and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA for all lots. Compliance with this standard shall be demonstrated at the time of application for Building Permit. 6. The Tree Mitigation Plan shall be revised to identify the type of tree species and its location. 7. The applicant shall fulfill tree mitigation requirements through the installation of one- hundred fifty-two (152) Category A trees. 8. The applicant shall submit documentation indicating the availability of the required 152 Category A trees. 9. The applicant shall provide a performance guarantee covering the cost of completing required tree mitigation in the amount of $91,200.00. 10. The applicant shall provide protection of the preserved 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. 11. 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. 12. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 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 construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 13. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Planning Report – Parkside Place October 24, 2017 Page 12 14. All retaining walls shall be privately owned and maintained, and the applicant shall enter into an encroachment agreement for any retaining walls located in a drainage and utility easement. 15. 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 impervious surface area (including effective soil remediation for the site’s disturbed soils that are to be revegetated). 16. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection/restoration notes, sizing/volume tables to demonstrate compliance with minimum volume control retention including detailing drainage areas for each basin, details for stable inlets/outlets/emergency overflows, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria, planting details (including live planting at 18-inch on-center spacing with seeding of all basin bottoms, and seeding of side-slopes), permanent erosion-control details, etc., to ensure infiltration practices are 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. Grading Plan, Utility Plan, etc.). 17. 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.) 18. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of each proposed infiltration area, extending a minimum of 10’ below the bottom of all proposed infiltration features with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the impervious drainage areas. Planning Report – Parkside Place October 24, 2017 Page 13 19. The applicant shall provide a minimum of 15-foot-wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street-edge to all surface stormwater facilities’ inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 20. The applicant shall provide adequately sized pre-treatment (e.g. 4-foot depth sump with floatable skimmer hood, 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. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s). 21. 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 0.4-inch per hour (based on 0.2-inch per hour design rate with safety factor) or greater (but less than 8.0-inch per hour). If the sub- soil infiltration rates are less than 0.4-inch per hour (or greater than 8.0-inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) design and construction as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48-hours after infiltration testing. The applicant shall ensure that the City Water Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications and also provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 22. Prior to receiving a Certificate of Occupancy for any affected residential 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 approved soil management strategy compliance. 23. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As-built volumes (for retention) shall be provided for the infiltration/bioretention basins. 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. 24. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards, including along Dodd Road. Planning Report – Parkside Place October 24, 2017 Page 14 25. All wells and septic systems within the development shall be abandoned in accordance with City and County standards. 26. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood, at the time of final subdivision approval. 27. A temporary cul-de-sac easement shall be acquired in a form acceptable to the City Attorney (Standard Condition of Approval C3) D. engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4.A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until two year after the date of City certified compliance. Public Improvements 1.If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E.Permits 1.This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F.Parks and Trails Dedications G. 1. H. 1.This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. Tree Preservation and Mitigation This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council. Stormwater Management and Water Quality Protection 1.This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I.Wetlands Protection and Management SPBROOKLYNWATERVIEWCOVEFARM ROADSC AVEREDWOODLAND WAYC.S.A.H. NO. 32DODDROADREDPOLL CTFAW N R ID G E T R A IL W HIT ETA IL W AY NORTHHAYLAKEROADWHITETAILWAYRIENDEECARIBOULNYLAKECTN.HAYLAKERD OVERHILLROADS.HAYLAKEROADSGREENLEAFDRACORNSTW GREENLEAF DRNGREENLEAFDRED ODD R O A D OA K PO N D R O A D WGREENLEAFDRREDPINELNMCFADDENSTRAILISABELLECTROSA CTSHELERUD DRPINECONETRLP IN E C O N E CIR DODDROADMCFADDENSTRAILMANORDRMANORAMIDDD RESUDBERRYLANEE OAKPONDRDOAK P OND CI R C.S.A.H. NO. 32TODD AVD O D D R O A D C.S.A.H.NO.32(CLIFFROAD)32(CLIFFRD.)C.S.A.H.NO.32(CLIFFROAD)(CHICAGO,MILWAUKEE,S SOO LINE RRGUN CLUB ROADSTATETRUNKHWY.NO.3MARSH COURTNAUVOO LANEREDPINELANEPARKSIDEC O U R T PARKSID E CIRC L ESWEET STHistoricHolzFarm ParkSouthOaks ParkOak PondHillsParkParkLebanon HillsRegional ParkHolzFarmParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Parkside PlaceRequest: Rezoning; Preliminary SubdivisionCase No.: 36-RZ-05-08-17; 36-PS-07-08-17Subject SiteSubject Site HWY 3Dodd Road250 0125 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: Parkside PlaceRequest: Rezoning;Preliminary SubdivisionCase No.: 36-RZ-05-08-17; 36-PS-07-08-17 PARKSIDE PLACECITY OF EAGANDAKOTA COUNTY, MN08/30/201700/00/20XX1016-110400/00/20XXSMSJLTRLWEXISTING CONDITIONS2(;,67,1*3523(57<'(6&5,37,21> ' E ϭϮϯϰϱϲϳϴϵϭϬ>K<Ϯ>K<ϭϭϭϭϮϭϯϭϮϯϰϱϲϳϭϮ>K<ϯ%(1&+0$5.%$6,62)%($5,1*6)/22'=21((;,67,1*3523(57<'(6&5,37,21$5($7$%/(6859(<25127(6I hereby certify that this survey, plan or report was prepared by me orunder my direct supervision and that I am a duly Licensed LandSurveyor under the laws of the state of Minnesota.17765LIC. NO.DATE8-29-17PARKSIDE PLACECITY OF EAGANDAKOTA COUNTY, MN08/30/201700/00/20XX1016-110400/00/20XXSMSJLTRLW/(*(1'7<3,&$//27675((75($5/27685)$&(&$/&8/$7,216PRELIMINARY PLAT3 KZKWZ<^/ /Z> WZ<^/ KhZd ϱϲϵϴϳϲϱϰϯϮϭϭϮϯϰϭϬϭϭϭϯϮϭϮϭdzW/>>KdϯPARKSIDE PLACECITY OF EAGANDAKOTA COUNTY, MN08/30/201700/00/20XX1016-110400/00/20XXSMSJLTRLWSITE PLAN5 EROSIONS CONTROL LEGENDEROSIONS CONTROL LEGEND5698765432112341011132121DODD ROAD120TH STREET WESTPARKSIDE CIRCLEPARKSIDE COURT S ROBERT TRAIL (ROUTE 3)6 GRADING/DRAINAGE/EROSION CONTROL PLANPARKSIDE PLACECITY OF EAGANDAKOTA COUNTY, MN08/30/201700/00/20XX1016-110400/00/20XXSMSJLTRLWSOIL MITIGATION STRATEGY NOTES;1) ALL AREAS WHICH ARE TO BE DISTURBED AND REVEGETATED SHALL HAVE THESURFACE SOILS REMEDIATED TO ENSURE THAT CONSTRUCTION ACTIVITY HAS NOTFUNDAMENTALLY ALTERED THE SOIL STRUCTURE AND POSSIBLY REDUCED THE ABILITYOF THE SOIL TO ABSORB STORMWATER RUNOFF IN THE FULLY DEVELOPED CONDITION.2) ALL WORK IN THIS SECTION SHALL BE COMPLETED IN ACCORDANCE WITH SECTION 4.34OF THE CITY OF EAGAN MUNICIPAL CODE.3) REMEDIATED SOILS SHALL HAVE A MEASURED SOIL ORGANIC MATTER CONTENT OF NOLESS THAN 5%; AND SOIL COMPACTION TESTING PRESSURE OF LESS THAN 1,400KILOPASCALS (KPA) OR 200 POUNDS PER SQUARE INCHES IN THE UPPER 12 INCHES OFSOIL OR BULK DENSITY OF LESS THAN 1.4 GRAMS PER CUBIC CENTIMETER (GM/CM3) INTHE UPPER 12 INCHES OF SOIL.4) SOIL SHALL BE REMEDIATED TO MEET THE NUMERIC CRITERIA FOR SOIL ORGANICCONTENT AND SOIL COMPACTION TESTING OR BULK DENSITY. REMEDIATION SHALLCONSIST OF, AT MINIMUM, ADDITION OF MNDOT TYPE 2 COMPOST WHICH SHALL BEEFFECTIVELY INCORPORATED INTO THE SUBSOIL (“BONDED”).5) APPLICATION RATE OF COMPOST SHALL BE CALCULATED BASED ON ACTUAL SOILSAMPLES TAKEN OF THE PRE-FINAL FINISHED GRADE AND ANALYZED BY A QUALIFIEDSOIL LABORATORY MEETING THE APPROVAL OF THE ENGINEER AND THE CITY OFEAGAN. COPIES OF THE CALCULATIONS USED TO DETERMINE THIS RATE SHALL ALSO BEPROVIDED TO THE ENGINEER AND THE CITY.6) RECEIPTS OF COMPOST DELIVERED TO THE SITE SHALL BE DELIVERED TO THE CITY, ASWELL AS DOCUMENTATION OF THE TESTING/CERTIFICATION OF THE COMPOST FROMTHE SUPPLIER.7) SOIL REMEDIATION SHALL BE COMPLETED BY ONE OF THE FOLLOWING PROCEDURES:a. RIP / TILL COMPACTED SOIL TO12”DEPTH, INCORPORATE 3 INCHES OF COMPOSTWITHIN THE LOOSENED SOIL AT THE TIME OF FINAL LANDSCAPING.b. PLACE FINAL FOOT OF SALVAGED TOPSOIL (AMENDED WITH ADDITIONAL ORGANICMATERIAL AS NEEDED TO MEET SOIL QUALITY CRITERIA) AT TIME OF FINALLANDSCAPING.8) A PROMPT QUALIFYING TEST SHALL BE PERFORMED TO DEMONSTRATE COMPLIANCEWITH SOIL QUALITY / PERMEABILITY CRITERIA. TESTING TO BE WITNESSED BY THEENGINEER AND REPRESENTATIVES FROM THE CITY OF EAGAN.9) PROTECTED SOIL AREAS SHALL BE EFFECTIVELY FENCED OFF PRIOR TO AND DURINGSITE GRADING / CONSTRUCTION TO PREVENT SOIL DISTURBANCE AND SOILCOMPACTION BY PHYSICALLY EXCLUDING AND CONSTRUCTION-RELATED ACTIVITIES(GRADING, STORAGE, PARKING TRAFFIC, ETC.). 5698765432112341011132121DODD ROADPARKSIDE CIRCLEPARKSIDE COURT PARKSIDE PLACECITY OF EAGANDAKOTA COUNTY, MN08/30/201700/00/20XX1016-110400/00/20XXSMSJLTRLWUTILITY AND STREET PLAN7 1569876543212341011132121DODD ROAD120TH STREET WESTPARKSIDE CIRCLEPARKSIDE COURTPARKSIDE PLACECITY OF EAGANDAKOTA COUNTY, MN08/30/201700/00/20XX1016-110400/00/20XXSMSJLTRLWTREE MITIGATION PLAN9LANDSCAPING LEGENDSOIL MITIGATION STRATEGY NOTES;1) ALL AREAS WHICH ARE TO BE DISTURBED AND REVEGETATED SHALL HAVE THESURFACE SOILS REMEDIATED TO ENSURE THAT CONSTRUCTION ACTIVITY HAS NOTFUNDAMENTALLY ALTERED THE SOIL STRUCTURE AND POSSIBLY REDUCED THE ABILITYOF THE SOIL TO ABSORB STORMWATER RUNOFF IN THE FULLY DEVELOPED CONDITION.2) ALL WORK IN THIS SECTION SHALL BE COMPLETED IN ACCORDANCE WITH SECTION 4.34OF THE CITY OF EAGAN MUNICIPAL CODE.3) REMEDIATED SOILS SHALL HAVE A MEASURED SOIL ORGANIC MATTER CONTENT OF NOLESS THAN 5%; AND SOIL COMPACTION TESTING PRESSURE OF LESS THAN 1,400KILOPASCALS (KPA) OR 200 POUNDS PER SQUARE INCHES IN THE UPPER 12 INCHES OFSOIL OR BULK DENSITY OF LESS THAN 1.4 GRAMS PER CUBIC CENTIMETER (GM/CM3) INTHE UPPER 12 INCHES OF SOIL.4) SOIL SHALL BE REMEDIATED TO MEET THE NUMERIC CRITERIA FOR SOIL ORGANICCONTENT AND SOIL COMPACTION TESTING OR BULK DENSITY. REMEDIATION SHALLCONSIST OF, AT MINIMUM, ADDITION OF MNDOT TYPE 2 COMPOST WHICH SHALL BEEFFECTIVELY INCORPORATED INTO THE SUBSOIL (“BONDED”).5) APPLICATION RATE OF COMPOST SHALL BE CALCULATED BASED ON ACTUAL SOILSAMPLES TAKEN OF THE PRE-FINAL FINISHED GRADE AND ANALYZED BY A QUALIFIEDSOIL LABORATORY MEETING THE APPROVAL OF THE ENGINEER AND THE CITY OFEAGAN. COPIES OF THE CALCULATIONS USED TO DETERMINE THIS RATE SHALL ALSO BEPROVIDED TO THE ENGINEER AND THE CITY.6) RECEIPTS OF COMPOST DELIVERED TO THE SITE SHALL BE DELIVERED TO THE CITY, ASWELL AS DOCUMENTATION OF THE TESTING/CERTIFICATION OF THE COMPOST FROMTHE SUPPLIER.7) SOIL REMEDIATION SHALL BE COMPLETED BY ONE OF THE FOLLOWING PROCEDURES:a. RIP / TILL COMPACTED SOIL TO12”DEPTH, INCORPORATE 3 INCHES OF COMPOSTWITHIN THE LOOSENED SOIL AT THE TIME OF FINAL LANDSCAPING.b. PLACE FINAL FOOT OF SALVAGED TOPSOIL (AMENDED WITH ADDITIONAL ORGANICMATERIAL AS NEEDED TO MEET SOIL QUALITY CRITERIA) AT TIME OF FINALLANDSCAPING.8) A PROMPT QUALIFYING TEST SHALL BE PERFORMED TO DEMONSTRATE COMPLIANCEWITH SOIL QUALITY / PERMEABILITY CRITERIA. TESTING TO BE WITNESSED BY THEENGINEER AND REPRESENTATIVES FROM THE CITY OF EAGAN.9) PROTECTED SOIL AREAS SHALL BE EFFECTIVELY FENCED OFF PRIOR TO AND DURINGSITE GRADING / CONSTRUCTION TO PREVENT SOIL DISTURBANCE AND SOILCOMPACTION BY PHYSICALLY EXCLUDING AND CONSTRUCTION-RELATED ACTIVITIES(GRADING, STORAGE, PARKING TRAFFIC, ETC.). WETLANDS INVENTORY10PARKSIDE PLACECITY OF EAGANDAKOTA COUNTY, MN08/30/201700/00/20XX1016-110400/00/20XXSMSJLTRLW 4ROSEMOUNT COMMUNITY DEVELOPMENT October 23, 2017 Community Development Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Parkside Place Planning Commissioners and Staff, This letter is regarding the rezoning and platting of the Parkside Place project scheduled for the Commission meeting on October 24, 2017. Rosemount has the following comments: • The property immediately to the south, 340080014012, is owned by the same entity as the current proposal; however, the property is located within Rosemount. • Development of the plat consistent with the current application will significantly restrict the ability to develop the southern Rosemount parcel, given its shape and size (1.94 acres including right of way). • The Parkside Place layout should consider the adjoining parcel in its design and if combined appropriate right of way dedication should occur for 120`^ Street. • The City of Rosemount continues to support Dodd Road as a through street from Red Pine to 120th Street, although recognizes that the development of the Parkside Place plat does not change the current condition. The city of Rosemount appreciates the opportunity to provide comment on the project proposal. If there are questions regarding these comments, please contact Planning staff at 651-322-2051. Sincerely, //'w Kim Lindquist Community Development Director SPIRIT OF PRIDE AND PROGRESS Rosemount City Hall • 2875 145th Street West • Rosemount, MN 55068-4997 651-423-4411 • TDD/TTY 7-1-1 • Fax 651-423-5203 www.ci.rosemount.mn.us a I A I J I I 1a 1 v 2 v i NW',UMnOD VLO-AV(l NVDVFI Jo lull Rovid H(IISxavd jj WOW fwwx��, ilvill ASYNIM113ya a I A I J I I 1a 1 v 2 v i jj WOW fwwx��, WOW TM yy x1i 1, Agenda Information Memo November 21, 2017, Eagan City Council Meeting NEW BUSINESS B. Rezoning and Preliminary Subdivision (Lakeside of Eagan) – Norton Homes Actions To Be Considered: To approve (or direct preparation of Findings of Fact for denial) of a Rezoning from A, Agricultural, to R-1S, Residential Single Family Small Lot, upon approximately 4.8 acres located at 1025 Wescott Road. To approve (or direct preparation of Findings of Fact for denial) of a Preliminary Subdivision (Lakeside of Eagan) to create 4 single-family lots, including a Variance to the minimum lot width standard for two of the lots, upon 4.8 acres located at 1025 Wescott Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: Rezoning – At least three votes Preliminary Subdivision – Majority of Councilmembers present Facts: The property was platted as a single parcel in 2016. The wetlands were delineated and conservation easements established at the time of platting in accordance with City ordinances. A single-family home that was present on the east side of the property was removed in 2016, and the existing well and septic system were abandoned. The proposed R-1S zoning and subdivision are consistent with the Low Density residential land use designation having a gross density of less than 1.0 unit/acre Access is proposed via a new public cul-de-sac from Wescott Road at the east edge of the site. The proposed subdivision complies with the R-1S zoning standards but for two Lots 3 and 4, which measure less than the minimum 65’ lot width at the 30’ front setback line. The homes are proposed to be placed further back on the lots where the width is 65’ or greater. The Concept Site Plan illustrates building pads that are in compliance with required minimum setbacks including setbacks from the wetland buffer. Proposed net lot areas exceed the R-1S lot area minimum of 8,000 s.f. Earlier this year, the City Council approved an encroachment agreement to allow restoration of previously disturbed areas within the conservation easement boundaries. The proposed Grading and Utility Plans are acceptable. Water Quality and stormwater requirements are proposed to be met through construction of an on-site filtration basin. Proposed tree removal is 39.1%, which is less than the allowable 40%. Thus, there is no required tree mitigation. The Advisory Planning Commission held a public hearing on the proposed requests at the October 24, 2017 meeting and recommended approval of each request. Issues: None 60-Day Agency Action Deadline: Waived by the Applicant Attachments: (4) NBB-1 Location Map NBB-2 Draft October 24, 2017 APC Minutes NBB-3 Planning Report NBB-4 Report Exhibits F L IC K E R CR OVERLOOK CTSAWGRASS TR ESPRI NGWOOD PATHDEN M A R KAVEWESTBURY G OVERNCIRCLEBLUEJAYCTDRIVE SUNW O O D C TTOWN CENTRE DRIVE BOSTON CIRCRESTVIEW L N TRAILS END RDHUMMINGBIRD LN TANGLEWOODCTPRINCETON CIRWESCOTT ROAD M A P L E T R A I L COURT NORTHVIEW PARK ROAD NORTHVIEW DRIVE WAY AUTUMN CIRKITTIWAKECIR NORTH RIDGE DRBOSTON HILL R OA DCROSS RDDUCKWOOD TRWESTBURYDRWIDGEONWAYGIBRALTAR TRAILWIDGEONWAYBI G T I MBE RTRAILBRIA R CREEK ROAD WESTBURY LNSAWGRASST R L W SUNWOODTRAILDUCKWOODTRAIL DR HOSFORD HILLS RDDANBURYCT NEWTOWN CTBLUE JAY WAY WESCOTT HI L L S DR.COUNTYROADNO.43 ( L E X IN G TON AVE.)BRADDOCKTRAIL CT SAWGRASSTRSWOODTHRUSHCTBETTY LNDUCKWOOD DR TRAILTHORWOOD CTWESTBURY DRSTANWIXRDFALCON WAYHY LANDCT WOODLAND COURT M O U R N IN G D O V ECTN ORTHVI EWTERRACE WE STBURYWAYBALDEA G L E C T PRINCETONTRAILWOLFBERRY CTWILLB R OODCT.TICONDEROGA TRAIL SUNCREST CT GREENSBORO LNCO. RD. NO. 43 (LEXINGTON AVE.)BLUEHE R O N C TMERGANSER CTWOODLANDTR AILSAWGRASS TR WTANANGER C T GREAT OAKS TRAIL NORTHVIEWTERRDUCKWOOD DRIVE WESTBURYCIR DANBURY TRAILG O L F VIEWDR WESCOTT ROAD BOSTON CTWOODL A N D TRAIL BASSW OOD LANEWIDGEONWAY OVERLOOK PLTIMBERSHORELANE GLACIERGREENSBORO DRTOWN CENTRE DRIVE WDCRSTCIRWESCOTT WOODLANDSB L U E J AY WAY M O N A R C H TRL WILD ROSE CT SAWGRASSTRL E CLINTON TRAILKETTLE CREEK ROAD KNOLLWOODCTCROSSROADCT.GREENSBORO DRWIDGEO N W A YBALDLAKECTN O R T H V I EW PARK ROAD WESTBURY PATH STONYPOINTRDCANARYWAY WOODCL I FF CTDENMARK CT SPRINGWOODCT FALCON WAY CARD INAL WESCOTTHIL L S D R WESTBURYKN S AVA N N A H R OAD SAVANNAH ROAD D E E R RIDGE CT S P O ONBILLCIRWESTBURYGREENSBOROKINGLETCT TRAIL CT O A K C TWESCOTTCIRCT BarbaraCurryPark Park WanderingWalk Park NorthviewPark O'LearyLake Park PatrickEagan Park MuellerFarm Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Lakeside of EaganRequest: Rezoning, Prelim. Subdivision, and VarianceCase Nos.: 14-RZ-07-09-17; 14-PS-09-09-17 Subject Site Advisory Planning Commission October 24, 2017 Page 10 of 21 D. Lakeside of Eagan Applicant Name: Patrick Hiller, Norton Homes, LLC Location: 1025 Wescott Rd; Lot 1, Block 1, Sakallah Addition Application: Rezoning A Rezoning from A, Agriculture to R-1S, Small Lot Single Family. File Number: 14-RZ-07-09-17 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 5 acres to allow 4 small lot single family homes. File Number: 14-PS-09-09-17 Application: Variance A Variance to the 65' minimum lot width standards in the R-1S Zoning District. File Number: 14-VA-05-10-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 16, 2017. Pat Hiller, Norton Homes, provided background for the proposal. Member Piper asked about the lot width variances. Planner Dudziak explained and illustrated the lot widths at the 30’ setback line. Member Weimert asked the applicant if he was proposing too many lots to meet the setback standards. Mr. Hiller stated existing conditions impact the large site which results in economics being a factor. Member Sagstetter stated his opinion that the requested Variance appears reasonable due to the unique conditions of the site which are not in the applicant’s control. Chair Piper opened the public hearing. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. Member Sagstetter moved, Member Weimert seconded a motion to recommend approval of a Rezoning from A, Agricultural to R-1S, Residential Single Small Lot district for approximately 4.83 acres located at 1025 Wescott Road. All voted in favor. Motion carried 7-0. Member Sagstetter moved, Member Weimert seconded a motion to recommend approval of a Preliminary Subdivision to create four single-family lots upon 4.8 acres including a Variance to the minimum lot width standard for Lots 3 & 4 for property located at 1025 Wescott Road, subject to the following conditions as amended, removing condition #9 from the staff report as a duplicate: 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: A1, B1, B2, B3, C1, C2, C4, E1, F1, G1, H1, I1, and L1 Advisory Planning Commission October 24, 2017 Page 11 of 21 2. The property shall be platted. 3. The applicant shall ensure the survival of preserved trees via Performance Guarantee payment of $15,825.00, and 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. 4. 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. 5. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. All retaining walls shall be privately owned and maintained, and the applicant shall enter into an encroachment agreement for any retaining walls located in a drainage and utility easement. 7. This development shall meet all requirements of Minn. Rules Ch. 8420 and City Code §11.67 regarding the wetland boundary, and shall provide Conservation Easement boundary markers/signage for all proposed residential lots/backyards with the Conservation Easement. 8. Restoration activities within the Conservation Easement shall be detailed in a Wetland Buffer Restoration Plan for City review/acceptance by the Water Resources Manager, specifying materials to be used, implementation schedule/timeline and 2-year (post- implementation) vegetation maintenance by native vegetation restoration contractor. 10. This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control of effective retention of the site’s new impervious surface area (including effective soil remediation for the site’s disturbed soils that are to be revegetated). 11. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide all construction, revegetation and landscaping details for the proposed iron-enhanced sand filtration basin system area for City review/acceptance by the City Engineer and include in all applicable construction plans. Construction details shall include filtration basin cross-section(s), construction sequencing/protection/restoration notes, provision for unobstructed inspection/maintenance access areas to inlets/outlets, iron-enhanced sand mix source, minimum volume and placement instructions, under-drain location to prevent short-circuiting, planting details for surrounding side-slopes, permanent erosion-control details, etc., to ensure all components of filtration basin system are properly designed, constructed/installed, 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 Advisory Planning Commission October 24, 2017 Page 12 of 21 details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, 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. These clear/prominent notes and graphical details 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. The applicant shall provide a minimum of 15-foot-wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street-edge to all surface stormwater facilities’ inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 14. The applicant shall provide adequately sized pre-treatment (e.g. 4-foot depth sump with floatable skimmer hood, 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. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s). 15. Prior to receiving a Certificate of Occupancy for any affected residential 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 approved soil management strategy compliance. 16. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, inlets, outlets, etc.) conform to design and/or construction plans, as approved by the City. As-built volumes (for retention/detention) shall be provided for the filtration basin. 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. The developer shall be responsible to restore the trail, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 18. Hydrant spacing and locations shall be in accordance with City Fire Department and Public Works standards. 19. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 20. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood, at the time of final subdivision approval. Advisory Planning Commission October 24, 2017 Page 13 of 21 21. This development shall be subject to cash park and trail dedication for the net increase of three residential lots, payable at the time of Final Plat at the rates then effect. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 16, 2017 CASE: 14-RZ-08-09-17 14-PS-09-09-17 14-VA-05-10-17 APPLICANT: Norton Homes HEARING DATE: October 24, 2017 PROPERTY OWNER: Wael Sakallah APPLICATION DATE: September 20, 2017 REQUEST: Rezoning; Variance; PREPARED BY: Pam Dudziak Preliminary Subdivision LOCATION: 1025 Wescott Road COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agricultural SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from A, Agricultural to R-1S, Residential Single Small Lot district, and a Preliminary Subdivision to create four single-family lots, and a Variance to the minimum lot width standard, upon 4.8 acres for property located at 1025 Wescott Road, legally described as Lot 1, Block 1, Sakallah Addition. 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. 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. Planning Report – Lakeside of Eagan October 24, 2017 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that “In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in the city's water quality and wetland management plan which is properly approved and filed in the office of the city clerk and in effect as of the date the subdivision application was received by the city, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the Planning Report – Lakeside of Eagan October 24, 2017 Page 3 same force and effect as if fully set down herein and is hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the water quality management plan and make the same available to the public. L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code. M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. BACKGROUND/HISTORY The property was platted in 2016. There is one large wetland occupying the northern half of the property, and a smaller wetland on the southwest edge of the property. The wetlands were delineated and conservation easements established over the wetlands and wetland buffer areas at the time of platting in accordance with City ordinances. A single-family home that was present on the east side of the property was removed in 2016, and the existing well and septic system were abandoned. EXISTING CONDITIONS After removal of the single-family home and garage in 2016,the property is currently vacant. Access to the site is from Wescott Road, via a driveway along the east side that served the home previously on the property. Two wetlands occupy a substantial portion of the nearly 5-acre site. The property is wooded with many significant trees throughout the site. SURROUNDING USES The surrounding properties are guided LD, Low Density residential. To the north, east and south the property is zoned PD, Planned Development. To the west, the property is zoned R-1S, Single-Family Small Lot. EVALUATION OF REQUEST Description of Proposal – The applicant is proposing to develop the property with four single- family homes consistent with the LD, Low Density land use designation, and proposed R-1S zoning district. The proposed development extends a public street cul-de-sac from Wescott Road into the site at the south east corner of the property. All lots will be served by municipal water and sanitary sewer. A Variance to minimum lot width is requested because two of the lots do not meet the 65’ lot width standard at the minimum front setback line. All lots do provide at least 65’ of width further back where the homes are proposed to be placed. Planning Report – Lakeside of Eagan October 24, 2017 Page 4 Compatibility with Surrounding Area – The Comprehensive Guide Plan designates the subject site and surrounding area for LD, Low Density residential use. The surrounding area is developed with single-family homes. Residential property to the east, south and north, were developed in the mid-1980s. The development to the south across Wescott Road is zoned PD and consists of 75’ wide lots, with lot areas in the range of 9,500 – 11,000 s.f. The lots to the east and north are also zoned PD and were developed consistent with R-1 standards with lot widths of 85’ and minimum areas of 12,000 s.f. In 2015, the adjacent property to the west was rezoned to R-1S and subdivided (Willow Ridge); that development is currently under construction. Airport Noise Considerations – The site lies outside of the Airport Noise Policy Zones. Site Plan – The site plan proposes a public street cul-de-sac from Wescott Road at the southeast corner of the site. The proposed four lots take access off this new public street, and all four lots provide the minimum 50’ of frontage at the right-of-way line. The Site Plan shows a conceptual 50’ x 50’ building pad for the homes, with front setbacks exceeding the minimum 30’. Density – The proposed 4 units on 4.83 acres results in a gross density of less than one unit per acre. This is consistent with the LD, Low Density land use designation. Lots – The subdivision proposes 4 single-family lots. Minimum lot standards in R-1S zoning are 65’ lot width and 8,000 sf area. The lot width is measured at the minimum 30’ front setback line. In addition, for purposes of calculating minimum lot area, no more than 10% of the lot area can be in ponding or similar unbuildable areas. As such, each lot must meet the minimum lot area of 8,000 s.f. with not more than 10% ponding included to achieve that number. The 2016 plat dedicated right-of-way for Wescott Road, and the proposed subdivision dedicates 0.66 acres for the proposed public street cul-de-sac. Approximately 2/3 of the site is wetland and wetland buffers. This leaves a net site area exclusive of rights-of-way, wetlands and conservation easement areas of approximately 1.3 acres. Gross lot areas excluding rights-of-way range from 30,369 sf to 69,157 sf. Lot areas net of wetlands are 14,603 sf 42,633 sf. The individual lot areas net of rights-of-way, wetlands, and wetland buffer areas are listed below. Based on these net lot areas, the proposed lots satisfy the minimum R-1S lot area standard of 8,000 s.f. Net Lot Areas: Lot 1 – 17,806 sf Lot 3 – 10,409 sf Lot 2 – 11,830 sf Lot 4 – 17,677 sf Planning Report – Lakeside of Eagan October 24, 2017 Page 5 Setbacks and Bulk Standards– The R-1S zoning district establishes bulk standards as follows: Minimum Lot Area - The net lot areas are identified on the Site Plan and show that all lots exceed 10,000 s.f. The allowable building coverage ratios are based on the net lot area figure. Minimum Lot Width – A Variance is requested for Lots 3 and 4 which do not meet the minimum lot width standard of 65’ at the front setback line. This standard is intended to ensure there is sufficient width of the lot for building. However, these lots do provide the minimum 65’ of width at the proposed front building line where the structures are proposed to be placed. Wetland Buffer Setbacks - Additional setbacks from the wetland buffers apply. These are identified on the Site Plan. The purpose of the setback from the buffer is to provide a minimum useable yard area outside of the buffer, to prevent disturbance and encroachments into the wetland buffer areas. Section 11.67, Subd. 10, Wetland Setbacks, states “All structures must be set back at least 25 feet from the outer wetland buffer line. Exceptions to the 25’ setbacks include: play structures, uncovered porches, decks, patio slabs, open terraces, stairways, walkway areas may extend up to ten feet into the required wetland buffer line setbacks.” Also, “Parking or driveway areas must be setback at least ten feet from the outer wetland buffer line.” Fences are retaining walls are not subject to these additional setbacks, but may not be located within the wetland buffer itself. For purposes of the proposed subdivision, the Site Plan shows conceptual building pad placement in compliance with the wetland buffer setbacks. Tree Preservation – This development’s tree preservation will be considered on a single-phase, multiple-lot, residential type of application. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 40.0%. A tree inventory has been submitted with this application. The tree inventory indicates that there are two-hundred seventy-six (276) significant trees currently existing on site. According to the Tree Preservation Plan submitted significant tree impacts will result in the removal of one-hundred eight (108) Minimum Lot Width 65’ Minimum Lot Area 8,000 s.f. Front setback 30’ Setback (Wescott Rd.) 50’ Side Setback (principal structure) 6’ Side Setback (garage/accessory structure) 5’ Rear Yard Setback (principal structure) 15’ Rear Yard Setback (accessory structure) 5’ Building Height Maximum 35’ Building Coverage Maximum 25% Planning Report – Lakeside of Eagan October 24, 2017 Page 6 significant trees (39.1% of the total). Because the proposed removal of significant trees is less than 40%, there is no required tree mitigation. Per City ordinance, a performance Guarantee shall be provided from the applicant to ensure the preservation of all significant trees located within fifteen feet (15’) of the construction zone. The amount to be collected is set at $25.00 per diameter inch of all trees within this area. The Lakeside of Eagan tree inventory indicates that there are fifty-three (53) trees, totaling six- hundred thirty-three inches. This calculates to a required performance guarantee of $15,825.00. The applicant should ensure the survival of preserved trees via Performance Guarantee payment of $15,825.00, and 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. The applicant should 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. Landscaping – The Zoning ordinance does not require a Landscape Plan for single-family development. The applicant is proposing to landscape the site with trees within the lots along the new cul-de-sac, and along the south side of Lot 1. Topography/ Grading - The site has not been previously graded and has significant wooded areas and rolling topography. Significant grading will be required to prepare the site for development. Grading is proposed within the Wescott Road right-of-way, and near the large wetland (City Pond JP-43.3). A conservation easement was previously established around the wetland, but prior to its establishment, the property owner removed all the trees around a portion of the wetland and left all the stumps in place. The developer received an encroachment agreement to grade and restore the area back to a natural state. The high point is approximately in the middle of the site, and the property generally drains to the wetlands located on the northwest and west portions of the parcel. Elevations range from approximately 910 to 894. The preliminary grading plan is acceptable. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City Code and engineering standards. Planning Report – Lakeside of Eagan October 24, 2017 Page 7 The grading plan shows construction of two retaining walls around the constructed infiltration basin adjacent to Wescott Road, located within a drainage and utility easement. All retaining walls should be privately owned and maintained, and the applicant should enter into an encroachment agreement for any retaining walls located in a drainage and utility easement. Storm Drainage – The preliminary storm drainage plan is acceptable, with modifications. The entire site lies within Drainage District J (as designated in the City Storm Water Management Plan – 2007). Storm water runoff from the development will drain via an on-site storm sewer system to a constructed filtration basin along Wescott Road. The filtration basin design should meet all requirements set forth in the Water Quality/ Wetlands portion of this report. Any overflow from the basin will be connected to the existing storm sewer under Wescott Road and it’s directed to City Pond JP 11.1 to the west. Wetlands – Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan’s wetland protection and management regulations (City Code §11.67) apply to this proposed development because there will be land disturbing activities near two classified wetlands. A Conservation Easement associated with the two on-site wetlands (City Wetlands JP-43.2 and JP- 43.3) was recorded on December 29, 2016, effectively protecting these areas from any future impacts. The applicant is not proposing any wetlands impacts, but is proposing wetland buffer restoration activities for a previously disturbed area within the conservation easement, to include native seeding and covering with net-free erosion-control blanket. Stormwater Management/Water Quality – The applicant proposes to add new and fully- reconstructed impervious surfaces totaling approximately 0.62 acres, with an additional 1.44 acres of disturbed/graded soils (to be revegetated), on the 5.1 acre site. This 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. To meet the 1.1” Volume Control requirement for this development proposal, a minimum of 2,473 cubic feet of effective retention (or equivalent water quality treatment) will need to be provided (with an acceptable Soil Management Strategy). The applicant proposes to meet City water quality/stormwater requirements through the on-site construction of one filtration basin (with iron-enhanced sand filtration component, with a total effective retention volume equivalent of 4,169 cubic feet), one pre-treatment sump structure with floatables skimmer, soil remediation for the top 12” of soil for 1.44-acres of disturbed/graded soil areas that are proposed to be revegetated pervious surfaces, and a rate control outlet on the filtration basin receiving direct impervious surface runoff to maintain predevelopment peak runoff rates. Due to incompatible soils and shallow groundwater issues, filtration with iron- enhanced sand is proposed and has been sized for an expected treatment life-span of 25 years. The stormwater management system of this proposed development would ultimately become publicly managed. Overflow from the stormwater management system would be connected to the existing public stormsewer system along Wescott Road, which initially flows into City Basin JP-11.1, within the Fish Lake drainage area. Planning Report – Lakeside of Eagan October 24, 2017 Page 8 Eagan Water Resources has reviewed the applicant’s plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code §4.34 Post-Construction Stormwater Management Requirements are acceptable with conditions to ensure appropriate filtration basin design and construction to allow for effective water quality treatment as intended, verification of filtration performance and retention volume capacity, filtration basin protections during construction until final stabilization, unobstructed basin/system maintenance access, and successful incorporation of specified soil management strategies. Sanitary Sewer/ Water Main – The preliminary utility plan is acceptable. Trunk water main of sufficient size and capacity is available along Wescott Road for connection and extension with development of the property. Installation of the new lateral will require open cutting the trail, boulevard, and street. The developer should be responsible to restore the trail, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. Lateral sanitary sewer of sufficient size, depth, and capacity was previously stubbed to the east property line during construction of the adjacent development. Sanitary sewer District C, as designated in the City’s Comprehensive Sanitary Sewer Plan, serves the entire site. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. All well and septic systems within the development should be abandoned in accordance with City and County standards. Documentation should be provided from the County that confirms the well abandonment. Telecommunications – In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood, at the time of final subdivision approval. Streets/Access/Circulation – Public street access to this development is via Wescott Road, a two- lane collector roadway with a painted median. The developer proposes to re-stripe a portion of Wescott Road to provide an eastbound left turn lane into the development. No new pedestrian facilities are proposed with this development; however, there is a six foot wide concrete sidewalk and an 8 foot wide bituminous trail along Wescott Road. Easements/Right-of-Way – The right-of-way needs along Wescott Road are 100 feet. The previously approved Sakallah Addition plat dedicated the remainder of this property’s 50 feet of half right-of-way needs. Conservation easements have been dedicated around the two wetlands on the property. With the exception of the small amount of grading that was previously approved with the encroachment agreement, no work will be allowed within the conservation easement. Planning Report – Lakeside of Eagan October 24, 2017 Page 9 Financial Obligation – At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final plat or connection to the City’s utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: Improvement Use Rate Quantity Amount Sanitary Sewer - Trunk R1 $1,546.60/lot 4 lots $6,186.40 Sanitary Sewer - Lateral N/A Water Main - Trunk Previously Paid Water Main - Lateral Previously Paid Storm Sewer - Trunk Previously Paid Storm Sewer - Lateral Previously Paid Street Previously Paid Total $6,186.40 Parks and Trail Dedications Recreation – This development is subject to cash park and trail dedication for the net increase of three residential lots, payable at the time of Final Plat at the rates then effect. The 2017 rates for single-family residential development are $3,579 per lot for parks and $258 per lot for trails. SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning and Preliminary Subdivision (Lakeside of Eagan) to create four single family lots upon 4.8 acres located at 1025 Wescott Road. A single- family home previously located on the property has been removed, and existing septic systems has been abandoned. Documentation from the County should be provided that confirms the well abandonment. The wetlands were previously delineated and required conservation easements over wetland buffers established. As proposed, the lots development in this development are consistent with the Low Density residential land use designation. A Variance to the minimum lot width in R-1S zoning is proposed for Lots 3 and 4, which do not satisfy the 65’ measure at the front setback line, but do provide that width at the proposed front building line. Building on the individual lots will be subject to R-1S setback and bulk standards, including setbacks from the wetland buffer conservation easements. Planning Report – Lakeside of Eagan October 24, 2017 Page 10 Access to the site is proposed via a new public street intersection with Wescott Road. Sewer and water will also be extended into the site. Tree preservation standards are satisfied, and there is no required tree mitigation. Cash park and trail dedications will be due for the net increase of 3 dwelling units, payable at the time of Final Subdivision. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from from A, Agricultural to R-1S, Residential Single Small Lot district for approximately 4.83 acres located at 1025 Wescott Road. The applicant is requesting approval of a Preliminary Subdivision to create four single-family lots upon 4.8 acres including a Variance to the minimum lot width standard for Lots 3 & 4 for property located at 1025 Wescott Road. If approved, the following conditions should apply. 1.The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: A1, B1, B2, B3, C1, C2, C4, E1, F1, G1, H1, I1, and L1 2. The property shall be platted. 3.The applicant shall ensure the survival of preserved trees via Performance Guarantee payment of $15,825.00, and 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. 4.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. 5.All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6.All retaining walls shall be privately owned and maintained, and the applicant shall enter into an encroachment agreement for any retaining walls located in a drainage and utility easement. Planning Report – Lakeside of Eagan October 24, 2017 Page 11 7.This development shall meet all requirements of Minn. Rules Ch. 8420 and City Code §11.67 regarding the wetland boundary, and shall provide Conservation Easement boundary markers/signage for all proposed residential lots/backyards with the Conservation Easement. 8.Restoration activities within the Conservation Easement shall be detailed in a Wetland Buffer Restoration Plan for City review/acceptance by the Water Resources Manager, specifying materials to be used, implementation schedule/timeline and 2-year (post- implementation) vegetation maintenance by native vegetation restoration contractor. 9.All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10.This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control of effective retention of the site’s new impervious surface area (including effective soil remediation for the site’s disturbed soils that are to be revegetated). 11.Prior to receiving city approval to permit land disturbing activity, the applicant shall provide all construction, revegetation and landscaping details for the proposed iron- enhanced sand filtration basin system area for City review/acceptance by the City Engineer and include in all applicable construction plans. Construction details shall include filtration basin cross-section(s), construction sequencing/protection/restoration notes, provision for unobstructed inspection/maintenance access areas to inlets/outlets, iron-enhanced sand mix source, minimum volume and placement instructions, under- drain location to prevent short-circuiting, planting details for surrounding side-slopes, permanent erosion-control details, etc., to ensure all components of filtration basin system are properly designed, constructed/installed, 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. Grading Plan, Utility Plan, etc.). Planning Report – Lakeside of Eagan October 24, 2017 Page 12 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. These clear/prominent notes and graphical details 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.The applicant shall provide a minimum of 15-foot-wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street-edge to all surface stormwater facilities’ inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 14.The applicant shall provide adequately sized pre-treatment (e.g. 4-foot depth sump with floatable skimmer hood, 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. Pre- treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s). 15.Prior to receiving a Certificate of Occupancy for any affected residential 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 approved soil management strategy compliance. 16.Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, inlets, outlets, etc.) conform to design and/or construction plans, as approved by the City. As-built volumes (for retention/detention) shall be provided for the filtration basin. 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.The developer shall be responsible to restore the trail, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 18.Hydrant spacing and locations shall be in accordance with City Fire Department and Public Works standards. Planning Report – Lakeside of Eagan October 24, 2017 Page 13 19.All well and septic systems within the development shall be abandoned in accordance with City and County standards. 20.The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood, at the time of final subdivision approval. 21.This development shall be subject to cash park and trail dedication for the net increase of three residential lots, payable at the time of Final Plat at the rates then effect. FLICKERCROVERLOOK CTSA WG R ASS TR E SPR ING WOOD PA TH DENM A R K A V E WESTBURYGOVERNCIRCLEBLUEJAYCTDRIVESUNWOODCTTOWNCENTREDRIVEBOSTON CIRCRESTVIEWLNTRAILS END RDHUMMINGBIRD LNTANGLEWOODCTPRINCETON CIRWESCOTT ROADMAPLETRAILCOURTNORTHVIEW PARK ROADNORTHVIEWDRIVEWAYAUTUMN CIRK I T T I WA KE CIR NORTH RIDGE DRBOSTONHILLROA D CROSS RDDUCK WO OD T R WESTBURYDRWIDGEONWAYGIBRALTAR TRAILWIDGEONWAYB IG T IM B E R TR A I L BRIARCREEKROADWESTBURY LNSAWGRASSTRLWSUNWOODTRAILDUCKWOODTRAILDRHOSFORD HILLS RDDANBURYCTNEWTOWN CTBLUEJAYWAYWESC OTT HIL LS DR. COUNT Y OCKTRAIL CTSAWGRASS TRS WOODTHRUSHCTBETTY LNDUCKWOOD DRTRAILTHORWOOD CTWESTBURY DRSTANWIXRDFALCON WAYH Y LANDCTWOODLAND COURTMOURNINGDOVECTNO R WESTBURYWAYBALDEAGLECTPRINCETONTRAILWOLFBERRY CTWILLBR O O D CT.TICONDEROGATRAILSUNCREST CTGREENSBORO LNCO. RD. NO. 43 (LEXINGTON AVE.)BLUEHERONCTMERGANSER CTWOS A WG RASS TR W TANANGERCTGNORTHVIEWTERRDUCKWOOD DRIVEW E S TBURYCIRDANBURY TRAILGOLFVIEWD BOSTON CTW O O D L BASSWO OD LANEWIDGEONWAYOVTIMBERSHORELANEGLACIERGREENSBORO DRTOWNCENTREDRIVEWDCRSTCIRWESCOTT WOODLANDSBLUEJAYWAYMONARCHTRLWILD ROSE CTSAWGRASSTRLE CLINTON TRAILKETTLE CREEK ROADKNOLLWOODCTCROSSROADCT.GREENSBORO DRWIDGEONW A Y BALDLAKECTNORTHVIEWPARKROADWESTBURY PATHSTONYPOINTRDCANARYWAYWO O D C LI F F C T TSPRINGWOO D C T FALCON WAYCARDINALWESCOTTHIL L S D R WESTBURYKNSAVANNAHROADSAVANNAH ROADEERRIDGECTS P O O N B IL L C IR WESTBURYGREENSBOROK I N G L E T C TTRAILCT OAK CTWESCOTTCIRCTBarbaraCurryPark ParkWanderingWalk ParkNorthviewParkO'LearyLake ParkPatrickEagan ParkMuellerFarm ParkParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Lakeside of EaganRequest: Rezoning, Prelim. Subdivision, and VarianceCase Nos.: 14-RZ-07-09-17; 14-PS-09-09-17Subject Site Cross RoadGreensboro DriveGreensboro LaneDanbury TrailGreensboro CourtWescott RoadWescott RoadGreensboro DriveWescott RoadWescott Road400 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 Name: Lakeside of EaganRequest: Rezoning; Prelim. Subdivision; and VarianceCase Nos.: 14-RZ-07-09-17; 14-PS-09-09-17; 14-VA-05-10-17 Phone(952) 937-51507699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344(888) 937-5150 Phone(952) 937-5150 7699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344(888) 937-5150 Phone(952) 937-51507699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344(888) 937-5150 Phone(952) 937-5150 7699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344(888) 937-5150 Phone(952) 937-5150 7699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344(888) 937-5150 Phone(952) 937-51507699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344(888) 937-5150 Agenda Information Memo November 21, 2017, Eagan City Council Meeting NEW BUSINESS C. Appeal of Issuance of Zoning Permit in connection with a solar array structure at 3330 Dodd Road Action To Be Considered: City Council, acting as the Eagan Board of Adjustments & Appeals, is required to hear an appeal of the city zoning staff’s issuance of a Zoning Permit in connection with the installation of a solar array structure. Upon close of appeal hearing, Council action options: 1. To Continue the Hearing for further deliberation and defer action/decision, but not later than December 19, 2017, Council meeting; 2. To Direct Findings & Decision to Deny the Appeal and Affirm Issuance of Zoning Permit for installation of subject solar array structure; or 3. To Direct Findings & Decision to Approve the Appeal and Overturn (Deny) Issuance of Zoning Permit for installation of subject solar array structure. Required Vote For Approval: Majority of Councilmembers present for #1 or #2, Super Majority for #3. Facts: On August 2, 2018, Eagan zoning staff issued a Zoning Permit in connection with the installation of a solar array structure at 3330 Dodd Road. By letter dated October 30, 2017, Bridget Bataglia delivered an appeal of the issuance of the Zoning Permit issued for 3330 Dodd Road. An appeal of a determination made by the city staff in the enforcement of Chapter 11 (zoning/land use) of the City Code is to be heard by the Council within 21 days of receipt of the appeal. The November 21, 2017 council meeting date is the 21st day following receipt of the appeal. The council’s decision by a written Findings & Order must be issued no later than December 29, 2017. The appellant, city staff, and any interested party may present information or argument to the Council that is related to the appeal. Attachments: (5) NBC-1 Location Map NBC-2 Bataglia October 30, 2017, letter of appeal NBC-3 Staff’s Response to Appeal and approved Zoning Permit documents NBC-4 Relevant Eagan City Code provisions NBC-5 Gilliland Solar Array Variance staff report and CC Minutes APOLLO ROAD MIKECOLLINSDRBORCHERTLN JOYCE CTCH APEL LANE RITA CT RANDOMRDCIRCLE SALLY WREN LNROLL LN.CHAPEL LANE R E D OAKCT 77TH REDOAKDRREDOAKDRRED OAK DRROLLING HILLS DRLOUIS LANETRAILS END RDTRAILS EN D RD IVY CTIVY L A N EMIKE COLLINS DRELRENEROADSTREET ROLLINGHILLSDRR O L L I N G HILLS P LBLACKOAKDRBLACKOAKDRR O L L I N G H I L L S C R ROLLING HILLS CTHILLSIDE DR ROLLINGHILLSD RHILLSIDE CTROLLINGHILLS D R KUTOFFCTHOLIDAY LNHOLIDAY LNCOURTHOUSE LN STATE TRUN K H WY . N O.1 4 9 ELRENEROADW E S T C O .R D .N O .28(Y A N K E E DOODLE RD.) CO. HWY. NO. 28 (YANKEE DOODLE RD.) C.S.A.H. NO. 26 (LONE OAK RD.)MI K E C O LLIN S D R S T A T E T R U N K H W Y. N O . 1 4 9 STATETRUNK HWY.NO.55 STATE TRUNK HWY. NO. 55 Bur Oaks Park ThresherFieldsPark Location Map 0 2,0001,000 Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Request: Appeal of Issuance of Zo ning Permit Property: 3330 Dodd Rd. Subject Site Roll LaneWren LaneHWY 1 4 9 100 050 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 2014 Request: Appeal of Issuance of Zoning Permit Subject Property: 3330 Dodd Rd. Larki n Ho~~ Larkin Hoffman 8300 Norman Center Drive Suite 1000 Minneapolis, Minnesota 55437-1060 GENERAL 952-835-3800 FAX, 952-896-3333 WEB, www.larkinhoffman.com October 30, 2017 The Honorable Mayor Mike Maguire and City Council Members Eagan Municipal Center 3830 Pilot Knob Road Eagan;, MN 55122 Re: Solar Code Violation Appeal; Our File #40,868-00 Dear Mayor Maguire and Council Members: This firm represents Bridget Bataglia, the owner of the property located at 3326 Wren Lane (the "Bataglia Property") in the City of Eagan ("City"). Ms. Bataglia, is appealing the decision of the zoning administrator with respect to the zoning permit issued to the owner of the property at 3330 Dodd Road (the "Subject Property") on August 3, 2017 (EA144676) (the "Permit"). This letter describes the basis for the appeal of the Permit including an analysis of the applicable provisions of the City's zoning code ("City Code") of which the installed solar array (the "Solar Array") is currently in violation. Solar Array Permitting and Construction The Solar Array was initially approved on August 17, 2017, with the description of "install 11.5 kw solar array in yard." The accompanying site plan detailed the location of the 60-foot by 12- foot (720 square feet total) Solar Array, located 120 feet from the rear (east) property line, and approximately 40 feet from the Subject Property's side (north) property line. On September 12, 2017, Mr. Danny Kieffer, the owner of the Subject Property, requested an amendment to the proposed location to "about 20 feet from the north line and about 15 feet behind the house line." The revised location was approved by Pam Dudziak via email on September 13, 2017. The 720-square foot Solar Array was subsequently constructed significantly further west than initially proposed, approximately 20 feet from the Bataglia Property in an opening of the tree line along the north property line of the Subject Property. The revised location is north of the residence on the Subject Property in the side yard. The approximate height of the Solar Array is 15 feet. City Regulation of Solar Arrays The Subject Property is zoned R-1 Residential Single Family District. Solar arrays are not a permitted accessory use in the R-1 District nor are they regulated anywhere in the City Code. The Honorable M ayor M ike M aguire and City Council M embers October 30, 2017 Page 2 Absent clear regulations govern ing solar arrays, the City has previously determined that the structures are to be regulated as accessory structures. The City Council previously reviewed and appro ved a variance (the "Gill iland Variance") on July 18, 2017, to construct a similarly-sized solar arra y at 3340 Dodd Road, immediately south of the Subject Pro perty. That variance was required because the City determined that the p ro p o se d solar structure was an accessory building and therefo re not permitted in the front yard. In the staff report for the Gill iland Variance ( the "Gill iland Staff Report") City staff states that "sta ff h a s co n sistently considered solar (and wind) energy installations as accessory structures and applied those bulk standards." According to the Gill iland Staff report, staff has determined that several City Code provisions are applicable to the installation of solar arrays, including setbacks, size, location, and design. Applicable City Code pro visions referenced include Section 11.40, subd. 5, which govern s all accessory structures, and Section 11.70, Subd. 26, which govern s design and location of for the installation of antennae, satellite dishes, and wind energy conversion systems. Notwithstanding the fa ct that City staff required compliance with the accessory stru cture pro visions for the Gilliland Variance, including the screening pro visions (see Exhibit A for photos of the screened Gill iland Variance), the Solar Array fails to meet several of the same requirements. Solar Array Is In Violation of Multiple City Code Provisions Pursuant to staffs "consistent" interpretation of the solar installations as subject to the accessory building, satellite dishes, and wind energy system requirements, the Solar Array fails to meet the following provisions of the City Code: 1. "Minimize adverse visual effects ... through careful design, siting, and screening." (§ 11.70, Subd. 26.A.2.) The Solar Array violates this provision as it is entirely unscreened and is located in an area that is visually unobstructed from the Bataglia Property. Movement to either the east or west of the current location would screen the Solar Array from view from adjacent properties. (See Exhibit B for photographs of the Solar Array.) 2. "Location and color shall be in a manner to minimize off-site visibility to the greatest possible extent;" (§ 11. 70, subd. 26.G.1.) The Solar Array violates this provision as it is entirely unscreened and is located in an area that is visually unobstructed from the Bataglia Property. Movement to either the east or west of the current location would screen the Solar Array from view from adjacent properties. 3. "Shall be located in the rear yard;"(§ 11.70, subd. 26.D.1.) The Solar Array violates this provision as it is located in a side yard, as opposed to the rear yard, which is defined as "the area between the rear lot line and the rear building." While the The Honorable Mayor Mike Maguire and City Council Members October 30, 2017 Page 3 originally approved location would have satisfied the rear yard requirement, the amended location does not, resulting in a violation of the City Code. 4. "Accessory buildings exceeding 120 square feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color." (§ 11 .40, subd. 5.A.2.) At 720 square feet, the Solar Array is in violation of this provision. The Solar Array is constructed of exposed beams, piping, and materials. At a minimum, the support structure and rear of the panels are exposed and should be screened or finished with materials that are "similar and compatible to those utilized on the principal building." 5. "Accessory buildings shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health, safety and general welfare."(§ 11 .40, subd. 5.A.3.) · The location of the Solar Array violates this provision of the City Code and is incompatible with the adjacent uses. The Solar Array is 15 feet tall and looms over the Bataglia Property, causing shadowing and detrimental impacts on the enjoyment of the Bataglia Property. The location of the Solar Array and failure to screen the massive structure is injurious to my client. 6. No more than two detached accessory buildings may be permitted for each dwelling.(§ 11 .40, subd. 5.C.2.) The Subject Property is in violation of this provision, prior to the addition of the Solar Array, which is the third detached accessory structure on the Property. Two additional detached sheds are located to the rear of the principal structure. 7. When an attached garage is present on the site, the total floor area of all detached accessory structures (including garages) shall not exceed 576 square feet. (§ 11 .40, subd. 5.C.4.) The Subject Property is in violation of this provision. The Subject Property has an attached garage. On October 16, 2011, the City approved permit EAl0l 798 for an accessory 8-foot by 14-foot shed on the Subject Property. The 720 square foot Solar Array alone exceeds the 576 square foot maximum and the combined square footage of the shed and the Solar Array is 832 square feet. 8. In no event shall the inside wall height of any detached accessory structure, including a detached garage, exceed 11 feet as measured from the floor to the roof decking (maximum eight-foot wall height for accessory structures 120 s.f. or smaller).(§ 11.40, subd. 5.C.8.) The Solar Array is in violation of this provision as the wall height of the structure is equivalent to 15 feet tall. The Solar Array is constructed with a shed roof design, notwithstanding the fact that T he Honora ble M ayor M ike M aguire and City Council M em bers October 30, 2017 Page 4 the wall is exposed fram es. An equivalent detached accessory stru cture would be subject to an 1 1 -fo o t m axim um height. Thus, the existing stru cture violates this pro vision. T h e C ity C o d e d oes not allow or specifically regulate the constru ction of solar energy installations. In an apparent effo rt to confo rm the accessory building regulations to the pro posed installation of the Solar Arra y, City staff has allow ed the constru ction of a stru cture that violates m ore pro visions than it m eets. The stru ctur e exceeds the m axim um allow ed height and size, is located in a pro hibited location, and is in violation of the screening pro visions. On behalf of M s. Bataglia, we respectfu lly request the City Council require that the Solar Arra y is either relocated to an altern ative location on the Subject Pro perty or is adequately screened from the Bataglia Pro perty. Please contact m e with any questions about this letter or the info rm ation refe renced above. Sincerely, Larkin Hoffm an Direct Dial: Direct Fax: Em ail: 952-896-3239 952-842-1738 j steen@ larkinh offm an.com cc: Bridget Bataglia Jill Hutmacher, Community Development Director The Honora ble M ayor M ike M aguire and City Council M embers October 30, 2017 Page 5 Exhibit A Photos of the Gilliland Solar Array (Screened pursuant to the City Code). The Honorable M ayor M ike M aguire a n d C ity Council M embers O c to b e r 3 0 , 2 0 1 7 P a g e 6 Exhibit B Photos of the Solar Array from the Bataglia Property 4852-3534-4977, V. 1 1 Community Development Department TO: Mayor & City Council acting as Board of Adjustments & Appeals FROM: Jill Hutmacher, Community Development Director Mike Ridley, City Planner DATE: November 16, 2017 RE: City Staff’s Response Memorandum to Bridget Bataglia Appeal ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This Memorandum is submitted to be made as a part of the record and for consideration by the City Council acting as the Board of Adjustments & Appeals at the appeal hearing scheduled for November 21, 2017. This Memorandum sets forth city staff’s response to Ms. Bataglia’s appeal of the Community Development Department’s approval of a Zoning Permit for 3330 Dodd Road in connection with the installation of a solar array structure. Based on the facts and for the reasons set forth herein, Ms. Bataglia’s appeal should be denied. Statement of Facts Zoning Permit for 3330 Dodd Road On July 6, 2017, Eagan Planning Department received a zoning permit application in connection with the installation an 11.5 kw solar array structure at 3330 Dodd Road. See copy of the approved Zoning Permit attached with the Council meeting agenda memo. The property at 3330 Dodd Road is owned by Daniel and Katy Kieffer. The property is zoned R-1 Residential Single Family and is approximately 3.27 acres in size. See attached aerial photograph of the property. The Eagan Building Inspections Department referred the Kieffers to the Planning Department for the Zoning Permit because the installation of the proposed solar array 2 structure did not require a building permit under the Minnesota State Building Code. The structure is considered or similarly treated as other outdoor appliance fixtures, e.g. air conditioner, under the Building Code. Staff reviewed the application and determined, as it has done previously with solar array structures on other properties in the city, that the proposed solar array is a permitted “accessory structure” governed by all applicable City Code provisions governing accessory structures. See applicable City Code provisions attached with the Council meeting agenda memo. The City Code does not have zoning regulations specific to solar array structures. City planning staff determined that the proposed accessory structure was in compliance with all applicable zoning regulations for accessory structures: location, setback, maximum height, and other applicable requirements. The Zoning Permit was approved on August 2, 2017. The approved Zoning Permit included a drawing of the property and proposed location of the structure. See approved Zoning Permit attached with the Council meeting agenda memo. On September 12, 2017, city planning staff received an email from Dan Kieffer notifying the intent to change the location of the structure. On September 13, 2017, city planning staff informed Mr. Kieffer that the change in location does not affect the zoning permit approval because the structure remained in compliance with the zoning regulations: location, setback and height restrictions. See email communication between Mr. Kieffer and staff attached with the Council meeting agenda memo. Zoning Permits for other properties On May 4, 2017, the city zoning staff approved a Zoning Permit for installation of a solar array structure at 549 Huron Court upon determining it met all zoning requirements: location on site, setbacks, height restrictions, etc. In this case, the zoning staff considered and deemed the solar array as an accessory structure. At its July 18, 2017, meeting, City Council considered and approved a Variance request for the location of a solar array structure at 3340 Dodd Road. The property owner is James Gilliland. Mr. Gilliland’s solar array structure is similar in size to the Kieffers’ structure. The solar array structure for Mr. Gilliland was before Council because Mr. Gilliland sought to locate it in the front yard of his property (City Code requires accessory structures to be in the side or rear yard). In reviewing the variance request, staff noted that the topography and existing vegetation in the front yard provides sufficient screening from the public street and adjacent properties. Staff did not recommend and Council did not require any screening as a condition of the variance approval. See Staff Report and Council Meeting Minutes for the Gilliland variance attached with the Council meeting agenda memo. 3 City Staff’s Response to October 30, 2017, Written Appeal Arguments The premise of Appellant’s appeal is centered on the City’s purported review of and actions in granting a variance for a front yard placement of a solar array structure in July 2017 for the property next door to the Kieffers’ property (Gilliland). Specifically, Appellant argues in her letter appeal: In the staff report for the Gilliland Variance (the "Gilliland Staff Report") City staff states that ‘staff has consistently considered solar (and wind) energy installations as accessory structures and applied those bulk standards.’…. Applicable City Code provisions referenced include Section 11.40, subd. 5, which governs all accessory structures, and Section 11.70, Subd. 26, which governs design and location of for the installation of antennae, satellite dishes, and wind energy conversion systems. Notwithstanding the fact that City staff required compliance with the accessory structure provisions for the Gilliland Variance, including the screening provisions (see Exhibit A for photos of the screened Gilliland Variance), the Solar Array fails to meet several of the same requirements. The Appellant’s appeal is factually incorrect and unsupported by the City’s zoning regulations: No variance is involved in this case. The City’s review and consideration of the Gilliland solar array structure has no applicability or bearing on this structure. The Gilliland solar array review was subject to a Variance request due to its location in the front yard; there was no zoning Variance needed for the Kieffers’ structure. Section 11.70, subd. 26 (satellite dishes, communication towers and wind conversion systems ) does not apply to solar array structures. The City staff did not apply and Council did not require application of the standards applicable to satellite dishes, communication towers and wind conversion systems governed by Section 11.70, subd. 26, in its review of the Gilliland solar array structure. Section 11.70, subd. 26, applies exclusively to satellite dishes, communication towers and wind conversion systems; solar array panels or structures are not addressed in Subdivision 26. In the Staff Report, staff simply noted the performance standards for satellite dishes, communication towers and wind conversion systems as additional consideration because the Gilliland solar array was proposed to be located in the front yard, requiring a Variance for the accessory structure. Screening not required. Contrary to Appellant’s assertions in her appeal letter, City staff did not recommend and the Council did not require screening as a condition to the approval of the Gilliland Variance. For purposes of reviewing the Variance request, the staff noted the existing natural topography and vegetation that would provide screening from the public street. 4 A Solar array structure is not an accessory “building.” In consultation with the City Attorney, staff has interpreted a solar array panel as a structure, not a “building,” as the terms are defined by City Code. Appellant asserts the applicability of several City Code provisions and makes arguments to which City staff responds as follows: “Solar arrays are not a permitted accessory use in the R-1 District” Response: Incorrect. Solar arrays have been deemed to be similar to those permitted accessory uses listed in R-1 districts. City Council has previously acknowledged a solar array structure as a permitted accessory use when it approved a Variance for front yard location in July 2017. A Zoning Permit for a solar array structure on Huron Court was approved in May 2017. “Notwithstanding the fact that City staff required compliance with the accessory structure provisions for the Gilliland Variance, including the screening provisions…” Response: Incorrect. Staff did not recommend and City Council did not impose a screening condition for the Gilliland variance. While staff reported the existence of vegetation and topography acting as natural screen for front yard variance, no screening condition was applied or required. "Minimize adverse visual effects . . . through careful design, siting, and screening. (§ 11.70, Subd. 26.A.2.)” Response: Not applicable. Section 11.70, subd. 26, applies exclusively to satellite dishes, wind energy conversion systems and communication towers. Further, Clause A.2. is a statement in the “Purpose” clause of Subdivision 26, which is neither a performance standard nor regulation requirement. “Location and color shall be in a manner to minimize off-site visibility to the greatest possible extent (§ 11.70, subd. 26.G.1.)” Response: Not applicable. Section 11.70, subd. 26, applies to satellite dishes, wind energy conversion systems and communication towers. Notwithstanding, the Code section cited does not require a freestanding satellite dish, communication tower, or a wind conversion system be screened. Additionally, the structure is properly located in the side yard and meets all setback requirements as required by City Code for accessory structures. "Shall be located in the rear yard;" (§ 11.70, subd. 26.D.1.) Response: Incorrect and not applicable. All accessory structures may be in the side or rear yard. This structure is located behind the linear plane of the front of the house and thus, pursuant to City Code is deemed to be properly located in the side yard. Finally, Section 11.70, subd. 26, applies exclusively to satellite dishes, wind energy conversion systems and communication towers. 5 "Accessory buildings exceeding 120 square feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color. (§ 11.40, subd. 5.A.2.)” Response: Not applicable. The solar array structure is not a “building.” Structures that are not buildings are not required to “match” finish materials to house (e.g. decks, pergolas, playsets, outdoor kitchens). "Accessory buildings shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health, safety and general welfare. (§ 11.40, subd. 5.A.3.)” Response: As stated previously, the solar array structure is not a “building.” This solar array structure is compatible with adjacent uses and is a proper subordinate and incidental use with the primary residential use on the property. In addition, a solar array structure is located on the adjacent residential property, which was granted a Variance by the City Council on July 18, 2017 to locate the structure in the front yard area. No evidence was presented that the structure presents a hazard to public health, safety and general welfare. “No more than two detached accessory buildings may be permitted for each dwelling. (§ 11.40, subd. 5.C.2.)” Response: The solar array structure is not a “building.” “When an attached garage is present on the site, the total floor area of all detached accessory structures (including garages) shall not exceed 576 square feet. (§ 11.40, subd. 5.C.4.)” Response: The solar array structure is not a “building” and therefore, the total floor area restriction is not applicable, e.g. floor area standard does not apply for playset, pergola, outdoor fireplace or kitchen, retaining wall, etc. “In no event shall the inside wall height of any detached accessory structure, including a detached garage, exceed 11 feet as measured from the floor to the roof decking (maximum eight-foot wall height for accessory structures 120 s.f. or smaller). (§ 11.40, subd. 5.C.8.)” Response: The solar array structure is not a “building” and therefore, inside building wall height restriction is not applicable. Further, the total height restriction for an accessory building under the City Code is that it be less than (subordinate to) the height of the principal structure (i.e. the home). The Zoning Permit application provides that the solar array structure is 12 feet height; the height of the house on this property is greater than 12 feet. Therefore, this solar array structure meets the total height restriction. In conclusion, the solar array structure installed at 3330 Dodd Road meets all applicable City Code provisions allowing and governing accessory structures. Therefore, the Zoning Permit was properly issued. Section 11.30. Definitions Accessory building or structure (see Building, accessory). Accessory use means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. Among other things, structures include but are not limited to buildings, gazebos, decks, retaining walls, walls, fences over six feet in height, and swimming pools, but excluding patios and similar at -grade improvements. Structure, principal means see "Building, principal". Structure, accessory means see "Building, accessory". Building, accessory means an accessory structure detached from the principal structure, having a roof and walls to provide weather protection. This includes detached garages, storage sheds, gazebos and similar structures. A carport attached to an accessory building is considered part of that accessory building. Sec. 11.60. - Use districts and overlays. I Code of Ordinances I Eagan, MN I Municode Li... Page 1 of 3 Subd. 5. "R- 1 " Residential Single District. A. Purpose. The intent of the "R-1" Single District is for single family residential development. B. Permitted uses. 1. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 2. Single-family detached dwelling. One dwelling unit per lot. C. Conditional uses. Within the R-1 district, no structure or land shall be used for the following use or uses deemed by the council except by conditional use permit: 1. Golf courses, country clubs and tennis clubs. D. Permitted accessory uses. Within the R-1 district, no structure or land or use of land shall be permitted except for one or more of the following uses or uses deemed similar by the council: 1. Building mounted antennae and satellite dishes, subject to the regulations thereof elsewhere in this chapter. 2. Buildings temporarily located for purposes of construction on the premises for a period of time not to exceed time necessary for such construction. 3. Decorative landscape features. 4. Freestanding towers, subject to the regulations thereof elsewhere in this chapter. 5. Gardening and other horticultural uses where no sale of products is conducted on the premises. 6. Home occupations, subject to the regulations thereof elsewhere in this chapter. 7. In-home daycare subject to state day care licensing. 8. Public utility tower mounted antennae, subject to the regulations thereof elsewhere in this chapter. 9. Private garages and parking spaces. https://library.municode.com/mn/eagan/codes/code_of ordinances?nodeld=CICO_CH11... 11/15/2017 Sec. 11.60. - Use districts and overlays. I Code of Ordinances I Eagan, MN I Municode Li... Page 2 of 3 10. Private swimming pools and tennis courts. 11. The keeping of domestic animals (household) for noncommercial purposes, for the use of the occupants of the premises. 12. Accessory dwelling unit, subject to the regulations thereof as set forth elsewhere in this chapter. E. Bulk standards (minimum unless noted). Lot Area 12,000 sq. ft. Lot Width 85 feet Setback From Public Right-of-way 30 feet Side Yard Setback (principal structure) 10 feet Side Yard Setback (garage or accessory structure) 5 feet Rear Yard Setback (principal structure) 15 feet Rear Yard Setback (accessory structure) 5 feet Structure Height (max.) 35 feet Building Coverage (max.) 20 percent F. Additional setbacks for heights. In all residential districts, all minimum required building setbacks as stated in subparagraph E of this subdivision 5 shall be increased by three feet for each one foot of height over 35 feet. G. Additional setbacks. The following shall be the minimum required building setback along any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or proposed as shown on the current Functional Classification Plan: THOROUGHFARE RIGHT-OF-WAY WIDTH MINIMUM SETBACK https:Hlibrary.municode.com/nm/eagan/codes/code_of ordinances?nodeld=CICO_CH11... 11/15/2017 Sec. 11.60. - Use districts and overlays. I Code of Ordinances I Eagan, MN I Municode Li... Page 3 of 3 Major Thoroughfare (Principal and A Minor Arterials) 150 feet 50 feet or 125 feet from right-of-way centerline, whichever is greater Major Thoroughfare 100 feet 50 feet or 120 feet from (B Minor Arterials) right-of-way centerline, whichever is greater Minor Thoroughfare 80 feet 40 feet or 80 feet from right - (Major and Minor Collectors) of -way centerline, whichever is greater G[l1. Density. In determining the minimum required lot area, no more than ten percent of ponding areas or similar unbuildable areas shall be used for calculating maximum allowable density. H. Minnesota State Building Code. All homes built shall meet Minnesota State Building Code requirements. https://library.municode.com/im-i/eagan/codes/code_of ordinances?nodeId=CICO_CH11... 11/15/2017 Sec. 11.70. - Performance Standards. I Code of Ordinances I Eagan, MN I Municode Library Page 1 of 2 Subd. 30. Zoning permit. A. Purpose. The purpose for a zoning permit, as provided herein, is to assist property owners who choose to make exterior improvements to their property by ensuring the improvements meet City Code requirements prior to the installation of the improvements and to protect property owners from unnecessary costs of removing or relocating improvements that are erected or installed not in compliance with City Code, as well as to protect adjacent properties that may be adversely affected by improvements not in compliance with City Code requirements. B. Zoningpermitrequired. Prior to constructing, installing or erecting any building, structure, or other fixed improvement upon any property within the city, a zoning permit from the city shall be obtained by the property owner. A zoning permit shall not be required for any building, structure or improvement for which a building, plumbing, or mechanical permit under the Minnesota State Building Code is required or which otherwise occurs within the interior of the principal building on the property. This subdivision shall apply to buildings, structures, or other fixed improvements, including, but not limited to, the following: sport court; patio; sidewalks; driveway replacement or expansion; play structures; piers or docks. C. Zoningpermitappiication and action . A zoning permit application on a form provided by the city shall be submitted to the Eagan Planning Division. The application shall include a site plan depicting the property's boundary lines, the proposed location of the proposed building, structure, or other improvement, accurate measurements of the proposed building, structure, or other improvement, and the accurate distance in feet from all property lines to the nearest points of the footprint of the proposed building, structure, or other improvement at its proposed location. A zoning permit application https:Hlibrary.municode.com/mn/eagan/codes/code_of ordinances?nodeld=CICO_CH11L... 11/1/2017 Sec. 11.70. - Performance Standards. I Code of Ordinances I Eagan, MN I Municode Library Page 2 of 2 shall be denied if the proposed building, structure, or other improvement fails to meet all requirements of this chapter or other applicable provisions of the City Code. D. Zoning permit inspection fee. If the zoning permit application requires a field inspection(s) by city staff to ensure compliance with the City Code, the applicant shall pay the established inspection fee prior to the city granting the zoning permit. An inspection fee shall be set by city council resolution. https:Hlibrary.municode.com/mn/eagan/codes/code_of ordinances?nodeId=CICO_CH11L... 11/1/2017 Sec. 11.40. - General provisions. I Code of Ordinances I lagan, MN I Municode Library Page 1 of 3 Subd, 5. Accessory, buildings, structures and uses. A. General standards. 1. No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot in a residential zoning district prior to the time of construction of the principal building to which it is accessory, except a residential garage, which prior to the construction of a residence can be used only for storage purposes pertaining to and until the completion of the main structure. 2. Accessory buildings exceeding 120 square feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color. 3. Accessory buildings shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health, safety and general welfare. B. Other uses. 1. Buildings and structures accessory to uses other than farms and single-family detached dwellings shall conform to the principal building setback requirements specified for the respective zoning district in which they are located. 2. Buildings and structures accessory to uses other than farms and single-family detached dwellings shall not exceed the district height limit or the height of the principal building, whichever is less, except as otherwise allowed by this chapter. C. Residential uses, R-1, R-2, and E zoning districts. 1. No accessory use or building shall be allowed within a required front yard setback. With the exception of an attached garage, no accessory building or structure may be placed within the front yard. 2. No more than two detached accessory buildings may be https://library.municode.com/mn/eagan/codes/code_of ordinances?nodeld=CICO_CH11... 11/14/2017 Sec. 11.40. - General provisions. I Code of Ordinances I Eagan, MN I Municode Library Page 2 of 3 permitted for each dwelling. 3. All accessory buildings shall comply with the following setbacks: 4. When an attached garage is present on the site, the total floor area of all detached accessory structures (including garages) shall not exceed 576 square feet. 5. When an attached garage is not present on the site, the total floor area of all detached accessory structures shall not exceed 800 square feet. 6. The roof of all detached accessory structures exceeding 120 square feet in size shall match the pitch and style of the principal structure. 7. In no event shall the height of any attached garage exceed the height of the dwelling. https://library.municode.com/mn/eagan/codes/code_of ordinances?nodeld=CICO_CH11... 11/14/2017 R-1 R-2 Side 5 feet 5 feet yard Front 30 feet 30 feet yard or public right- of- way Rear 5 feet 5 feet yard 4. When an attached garage is present on the site, the total floor area of all detached accessory structures (including garages) shall not exceed 576 square feet. 5. When an attached garage is not present on the site, the total floor area of all detached accessory structures shall not exceed 800 square feet. 6. The roof of all detached accessory structures exceeding 120 square feet in size shall match the pitch and style of the principal structure. 7. In no event shall the height of any attached garage exceed the height of the dwelling. https://library.municode.com/mn/eagan/codes/code_of ordinances?nodeld=CICO_CH11... 11/14/2017 Sec. 11.40. - General provisions. I Code of Ordinances I Eagan, MN I Municode Library Page 3 of 3 In no event shall the inside wall height of any detached accessory structure, including a detached garage, exceed 11 feet as measured from the floor to the roof decking (maximum eight - foot wall height for accessory structures 120 s.f. or smaller). 9. In no event shall the height of a door opening of any detached accessory structure or attached garage exceed eight feet, as measured from the floor to the trim covering the door header. haps://Iibrary.mtinicode.com/mn/eagan/codes/code_of ordinances?nodeId=CICO_CH11... 11/14/2017 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 12, 2017 CASE: 12-VA-03-06-17 APPLICANT: James Gilliland HEARING DATE: July 18, 2017 PROPERTY OWNER: James Gilliland APPLICATION DATE: June 30, 2017 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 3340 Dodd Rd. COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to allow solar equipment in a front yard on property located at 3340 Dodd Road (Hwy. 149), on the east side of Dodd Rd., north of Rolling Hills Drive and south of Chapel Ln. The applicant is also requesting that the $400 Variance fee be waived because “the installation of my ground solar panel system is relatively straight forward decision based primarily on the aesthetics (not engineering or technical in nature) of the placement in the front yard.” AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report – Gilliand, 3340 Dodd Rd. July 18, 2017 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is in compliance with the City Code. The ordinance also states “A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance.” CODE REQUIREMENTS The City Code does not contain specific provisions for the placement of solar equipment; however, staff has consistently considered solar (and wind) energy installations as accessory structures and applied those bulk standards. The following summarizes the relevant City Code provisions. Sec. 11.30 defines structure as “anything constructed or erected, the use of which requires a location on the ground or attachment to something having a location on the ground [such as] buildings, gazebos, decks, retaining walls, walls, fences over six feet in height . . . but excluding at-grade improvements such as patios.” Because it is not the primary use of the property, and is detached from the principal dwelling, the solar array is considered an accessory structure. Sec. 11.40, Subd. 5 of the City Code regulates the placement of accessory structures on residential property, which includes “No accessory use or building shall be allowed within a required front yard setback . . . and no accessory building or structure may be placed within the front yard.” Sec. 11.30 defines the front yard as “the area between the front lot line and the front building or setback line.” The required front yard is defined as “the open area between a lot line and the setback line as specified in the setback regulations for the district in which the such lot is located,” which in this case is the 50’ abutting Dodd Rd. Also, Sec. 11.70, Subd. 26 of the City Code specifically provides for the installation of antennae, satellite dishes and wind energy conversion systems and towers, which uses are similar to the proposed free-standing solar array. This ordinance requires that: • An antenna tower shall be located in the rear yard. • All setback requirements for accessory structures shall be met. • The location and color [of such equipment] shall be in a manner to minimize off-site visibility to the greatest extent possible Planning Report – Gilliand, 3340 Dodd Rd. July 18, 2017 Page 3 BACKGROUND/EXISTING CONDITIONS The property is unplatted and is approximately 1.8 acres in size. It contains an existing single- family home with a detached garage and other accessory structures which are located in the rear yard. In 2014, Highway 149/Dodd Rd. was reconstructed in this area, which included installation of a berm along the east side of the roadway. EXISTING CONDITIONS The existing single-family home was constructed in 1923. It is set back approximately 200 feet from the front lot line, well in excess of the minimum required 50 foot front setback. The driveway is located along the north side of the property, and is shared with the neighboring lot. The property is zoned R-1, Single-family, and guided Low Density residential, as are the adjacent properties. Across Dodd Rd/Highway 149 to the west, the properties are zoned and guided Limited Industrial. EVALUATION OF REQUEST Proposal - The applicant is proposing to install a 13kw (kilowatt) free-standing solar array as part of Xcel Energy’s residential solar program. The installation consists of 48 panels, each 3.25’ x 6.5’ in size. The entire array will occupy approximately 1,000 sq. ft. The panels are mounted at a 45o angle facing due south. The array is 77 feet long, and stands approximately 10.5 feet high. Other equipment associated with the installation includes the electrical wiring necessary to transmit the energy collected by the solar array to the Xcel lines. The panels are proposed to be located in the southwestern portion of the yard, which is within the front yard. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. Evaluation – A practical difficulty is required to grant relief from the strict application of the ordinance. The applicant is requesting relief to allow the solar equipment to be placed in a front yard. The size of this property and location of the existing house resulting in a 200’deep front yard are atypical of R-1 zoned property. The proposed equipment will be approximately 50 feet from the west (front) property line, and 50 feet from the south (side) property line. This placement satisfies typical minimum structure setbacks in the R-1 zoning district. While the proposed location is within the front yard, it is not within the required front yard. Thus, the proposal does not appear to be contrary to the intent of the ordinance. The location of the proposed solar equipment is behind the berm along the roadway, and visibility from the adjacent residential properties to the south is screened by an existing fence trees, and other vegetation. Thus, the proposed location appears to be reasonably well screened from the public right of way and from adjacent property, minimizing off-site visibility. Planning Report – Gilliand, 3340 Dodd Rd. July 18, 2017 Page 4 APPLICANT’S PRACTICAL DIFFICULTIES The applicant’s narrative states the proposed location is the best suited for the solar installation because it is less shaded than placement in the rear yard where mature trees create shade and would interfere with sun exposure. In addition, he indicates “reflection from the glass panels is not a problem in the industry,” and the neighbor to the south “has a fence and 12’ lilacs in place” that screen their view to the north. Because of the placement of the existing home which far exceeds the required minimum front setback, approximately half of the yard is considered front yard. SUMMARY/CONCLUSION The applicant is proposing to install a free-standing solar array in a front yard. While such equipment is not specifically provided for in the zoning ordinance, it is an accessory structure and considered similar to antennae, satellite dishes and wind energy conversion systems which are regulated in the City Code. The solar array is 10.5’ high, and proposed to be located at a 50’ front yard setback and 50’ side yard setback, facing due south. At 200’, the property has an unusually deep front yard, which is atypical of R-1 zoned property. The proposed solar panels require the least obstruction for the greatest sun exposure. The proposed location for the solar panels satisfies minimum structure setbacks and appears to be reasonably well-screened from adjacent property and the roadway. The applicant is also requesting the City Council waive the Variance application fee ($400). ACTION TO BE CONSIDERED The applicant is requesting approval of a Variance to allow solar equipment in a front yard on property located at 3340 Dodd Road. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The solar array shall meet minimum structure setback of 50 feet from the front property line. 3. A Zoning Permit shall be obtained prior to installation of the solar array. BECKER ROADLUNAR LANEAPOLLO ROAD MIKECOLLINSDRBORCHERTLN JOYCE CTCHAP EL LANE RITA CT RANDOMRDCIRCLE SALLY WREN LNROLL LN.CHAPEL L ANE R E D OAKCT 77TH REDOAKDRREDOAKDRRED OAK DRROLLING HILLS DRLOUIS LANEGREATOAKSPLTRAIL CT TRAILS END RDTRAILS END RD IVY CTIVY L A N E WOODLAND COURT WESCOTTSQUARE MIKE COLLINS DRELRENEROADSTREET ROLLINGHILLSDRR O L L I N G HILLS P LBLACKOAKDRBLACKOAKDRR O L L I N G H I L L S C R ROLLING HILLS CTHILLSIDE DR ROLLING HILLSD RHILLSIDE CTROLLINGHILLS DR KUTOFFCTGREAT OAKS TRAIL HOLIDAY LNHOLIDAY LNCOURTHOUSE LN WILD ROSE CT STATE TR U N K H WY . N O. 1 4 9 ELRENEROADW E S T C O .R D .N O .28(Y A N K E E DOODLE RD.) CO. HWY. NO. 28 (YANKEE DOODLE RD.) C.S.A.H. NO. 26 (LONE OAK RD.)MI K E C O LLIN S D R S T A T E T R U N K H W Y. N O . 1 4 9 STATETRUNK HWY.NO.55 STATE TRUNK HWY. NO. 55 Bur Oaks Park ThresherFieldsPark WescottCommonsPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Gilliland-Variance 3340 Dod d Ro adRequest: VarianceCase No.: 12-VA-03-06-17 Subject Site HWY 1 4 9 R o l l i n g H i l l s D r i v e Hillside CourtRolling Hills DriveRolling H i l l s D r i v e 100 050 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 Pr oject Name: Gilliland- Va ria nce 33 40 Dodd Roa dRequest: Var iance Case No.: 12 -VA-03 -06-17 BECKER ROADLUNAR LANEAPOLLO ROAD MIKECOLLINSDRBORCHERTLN JOYCE CTCHAP EL LANE RITA CT RANDOMRDCIRCLE SALLY WREN LNROLL LN.CHAPEL L ANE R E D OAKCT 77TH REDOAKDRREDOAKDRRED OAK DRROLLING HILLS DRLOUIS LANEGREATOAKSPLTRAIL CT TRAILS END RDTRAILS END RD IVY CTIVY L A N E WOODLAND COURT WESCOTTSQUARE MIKE COLLINS DRELRENEROADSTREET ROLLINGHILLSDRR O L L I N G HILLS P LBLACKOAKDRBLACKOAKDRR O L L I N G H I L L S C R ROLLING HILLS CTHILLSIDE DR ROLLING HILLSD RHILLSIDE CTROLLINGHILLS DR KUTOFFCTGREAT OAKS TRAIL HOLIDAY LNHOLIDAY LNCOURTHOUSE LN WILD ROSE CT STATE TR U N K H WY . N O. 1 4 9 ELRENEROADW E S T C O .R D .N O .28(Y A N K E E DOODLE RD.) CO. HWY. NO. 28 (YANKEE DOODLE RD.) C.S.A.H. NO. 26 (LONE OAK RD.)MI K E C O LLIN S D R S T A T E T R U N K H W Y. N O . 1 4 9 STATETRUNK HWY.NO.55 STATE TRUNK HWY. NO. 55 Bur Oaks Park ThresherFieldsPark WescottCommonsPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Gilliland-Variance 3340 Dod d Ro adRequest: VarianceCase No.: 12-VA-03-06-17 Subject Site HWY 1 4 9 R o l l i n g H i l l s D r i v e Hillside CourtRolling Hills DriveRolling H i l l s D r i v e 100 050 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 Pr oject Name: Gilliland- Va ria nce 33 40 Dodd Roa dRequest: Var iance Case No.: 12 -VA-03 -06-17 City Council Meeting Minutes July 18, 2017 6 page Variance – 3340 Dodd Road (James Gilliland) City Administrator Osberg introduced the item noting the Council is being asked to consider a variance to allow solar equipment in a front yard. The applicant is proposing to install a 13 kw free-standing solar array in the southwest corner of the property located at 3340 Dodd Road. The array is approximately 77 feet long and stands approximately 10.5 feet high. The array is about 1,000 sq. ft. and the panels are mounted at a 45 degree angle facing south. City Planner Ridley gave a staff report and provided a site map. Ridley noted the applicant is requesting that the $400 Variance application fee be waived. The applicant’s wife gave a brief summary of the request and was available for questions. Mayor Maguire opened the public hearing. Jeffrey Boudreau, 3453 Rolling Hills Drive, addressed the Council inquiring about the height of the proposed solar panels. Staff responded to his question. There being no further public comment, he turned the discussion back to the Council. There was Council consensus to deny the request to waive the $400 Variance application fee. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve a Variance to allow solar equipment in a front yard on residential property located at 3340 Dodd Road, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The solar array shall meet minimum structure setback of 50 feet from the front property line. 3. A Zoning Permit shall be obtained prior to installation of the solar array. OLD BUSINESS Approve an Addendum to the Final Planned Development for Viking Lakes Phase II, Lot 2, Block 1, Vikings Lakes – MN Development Company, LLC City Administrator Osberg introduced the item noting in 2016 the Council took action to approve the Viking Lakes Preliminary Planned Development. Before the Council is an addendum to the Final Development as it relates to the Amenities Plan at Viking Lakes. City Planner Ridley gave a staff report and provided a site map. Representing the developer, Pat Mascia of Briggs & Morgan, gave a presentation on the Amenities Plan at Viking Lakes Phase II. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER November 21, 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 License Agreement for Parking with Twin Cities Outlets Eagan, LLC D. PUBLIC HEARING E. OLD BUSINESS F. NEW BUSINESS G. OTHER BUSINESS H. ADJOURN Agenda Information Memo November 21, 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 November 6, 2017 regular Economic Development Authority meeting as presented or modified. Attachments: (1) EDAC1-1 November 6, 2017 Minutes MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 6, 2017 A meeting of the Eagan Economic Development Authority was held on Monday, November 6, 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 Fields moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of August 15, 2017. 2. It was recommended to approve second 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 Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Agenda Information Memo November 21, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA 2. Approve License Agreement for Parking with Twin Cities Outlets Eagan, LLC Action To Be Considered: Approve License Agreement for Parking with Twin Cities Outlets Eagan, LLC Facts: On February 7, 2017, the Economic Development Authority held a public hearing and approved a Sale and Purchase Agreement with Commercial Investment Properties, Co. (CIP) for Outlot B, Paragon Addition in the Cedar Grove Redevelopment District. Shortly thereafter, the City terminated its License Agreement for Parking with Twin Cities Outlets Eagan that allowed overflow parking on Outlot B. Twin Cities Outlets Eagan has requested a temporary License Agreement to use Outlot B for overflow parking during the upcoming holiday shopping season. CIP consented to the City entering into a License Agreement provided that the agreement included conditions on assignment, termination date, and improvements. The temporary License Agreement for Parking will terminate on December 31, 2017. CIP expects to begin construction of a multi-family residential building and restaurant in 2018. Attachments: (2) EDAC2-1 Location Map EDAC2-2 License Agreement for Parking OLD SIBLEY MEMORIAL HIGHWAYO L I VI NEDRGOLD TRAIL MICA TRAILDIFFLEY SERVICE RD N RAHN ROADTIMBER WOLF CTG L E N F IE L D C T SILVER BELL RD SILVER BELL ROADKENNEBECDRIVESE N ECAROADSILVER BELL ROAD OLDSIBLEYHIGHWAYN IC O L S R O A D EAGANOUTLETSPKW YCEDARGROVEPKWYCEDARGROVEPKWYRAHNROADBLUESTONE LANE BLUESTONE DRDIAMOND PTJADE PTNORTH TIMBERWOLFTRAILDIAMONDDRCORAL LANE SIBL 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 DRAMBERDRLIMESTONE DRJASPERDRMOONSTONEDRSANDSTONEDRBEAVERDAMROADG O L D T R A IL TURQUOISE TRAIL AMETHYST LANENICOLS ROADTESSERACT PLDOLOMITEDRB ER YL R O AD PUMICE POINTPUMICE CTT U R Q U O IS E T R A I L PUMICE L NMICA TRAIL TACONITE TRAIL PUMICE LANEJADE LANE NORTHRUB Y CT BE A VER DAMRO A DDURHAM CT S O U T H R U B Y C TBURGUNDY DRCHIPMUNK COURT 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 . 13STATEHWY.NO.77(CEDARAVE.)ST AT E T .H. NO. 7 7 (CEDAR AVE)STATETRUNKHIGHWAYNO.13F E N W A Y RIV V L Y W A Y CEDAR GROVE PKW YEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVDCedarPondPark WoodhavenPark Fort SnellingStatePark BridgeviewPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Outlot B, Paragon AdditionRequest: License Agreeement (parking)Case No.: Subject Site 1 LICENSE AGREEMENT FOR PARKING This License Agreement for Parking (“Agreement”) is made this ____ day of November, 2017, by and between Eagan Economic Development Authority, a Minnesota public body corporate and politic, (“EDA”) and Twin Cities Outlets Eagan, LLC, a limited liability company organized under the laws of the State of Delaware, f/k/a Paragon Outlets Eagan, LLC (“Licensee”). WHEREAS, the Licensee is the owner of real property located in the City of Eagan, County of Dakota, State of Minnesota and legally described as Lot 1, Block 1, Paragon Addition, depicted as “__________” on the sketch attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, EDA is the owner of real property located in the City of Eagan, Dakota County, Minnesota, legally described as Outlot B Paragon Addition, depicted as the “Subject Parking Area” on the sketch attached hereto as Exhibit “A” and incorporated herein (hereinafter the “Property”); and WHEREAS, The EDA is under contract to sell the Property to Commercial Investment Properties; and WHEREAS, the Licensee has requested a license from EDA to use the Property for vehicular parking; and WHEREAS, EDA is willing to grant the license to the Licensee, subject to the terms and conditions contained herein; NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, EDA and Licensee agree as follows: 1. License for Ingress, Egress and Parking Purposes. EDA hereby grants to the Licensee, for the benefit of the Licensee and its employees, guests and invitees, a non-exclusive license to use the Property for purposes of ingress, egress and vehicular parking for a period 2 commencing on November 23, 2017, and ending on December 31, 2017, with no extensions by agreement or operation of law under any circumstances beyond December 31, 2017. 2. Condition of Property. EDA makes no warranty or representation to the Licensee regarding the condition of the Property or the suitability of the Property for ingress, egress or vehicular parking or for any other purposes. 3. Maintenance. The Licensee shall maintain the portion of the Property used for ingress, egress and vehicular parking in a safe and orderly condition , including but not limited to removal of snow, ice and debris, repair of potholes, and repair and maintenance of all driving, parking and walking areas, at the Licensee’s sole cost and expense. 4. Improvements. The Licensee may install directional and parking signs and temporary lighting to facilitate the use of the Property for parking purposes (collectively the “Improvements”) in conformance to the City’s regulations and standards, at the Licensee’s sole cost and expense. Upon termination of this Agreement, the Licensee shall remove from the Property all Improvements installed by the Licensee. If any Improvements remain on the Property after termination of this Agreement, the City may dispose of the Improvements at the Licensee’s sole cost and expense, without any liability to the Licensee. If a lien is filed against the Property as a result of Licensee’s use under this Agreement, the Licensee shall immediately satisfy, discharge or bond-off the lien at the Licensee’s sole cost and expense. 5. Damage to Property. The Licensee shall be liable to EDA for any costs, damages and reasonable attorneys’ fees incurred by EDA as a result of damage to the Property caused by the Licensee or its employees, guests or invitees in connection with this Agreement. 6. Insurance and Indemnification. The Licensee shall maintain comprehensive liability insurance in the minimum amount of $1,000,000.00 naming EDA as an additional insured and shall provide a copy of the insurance certificate to EDA contemporaneously with the execution of this Agreement. Such insurance shall be provided by an insurance company acceptable to EDA. The Licensee shall indemnify and hold EDA harmless from any and all claims arising out of or related to the use of the Property by the Licensee and its employees, guests and invitees. 7. Termination. The Parties agree that the termination date will not occur prior to December 31, 2017, unless Licensee fails to meet its obligations under paragraph 4 of this Agreement. 8. Payment of Costs. The Licensee shall reimburse EDA for all costs and expenses incurred by EDA in connection with enforcing this Agreement, including, but not limited to, EDA’s attorneys’ fees. 9. Assignment. This Agreement is not assignable by either party. 10. Survival of Obligations. The Licensee’s obligations under this Agreement shall survive the expiration or earlier termination of this Agreement. 3 4 IN WITNESS WHEREOF, the undersigned have executed this Agreement. Twin Cities Outlets Eagan, LLC f/k/a Paragon Outlets Eagan, LLC By: Sim on Management Associates II, LLC, its Management Agent Dated: ______________________ ___________________________________ By: __________________ Its: _______________ STATE OF NEW JERSEY) ) ss. COUNTY OF MORRIS ) The foregoing instrument was acknowledged before me this _____ day of November, 2017, by __________, the __________of Simon Management Associates II, LLC, Management Agent of Twin Cities Outlets Eagan, LLC f/k/a Paragon Outlets Eagan, LLC, a Delaware corporation, on behalf of the LLC. _____________________________ Notary Public 5 Eagan Economic Development Authority Dated: ______________________ ___________________________________ By: Mike Maguire Its: President Dated: ______________________ ___________________________________ By: David M. Osberg Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2017, by Mike Maguire and David M. Osberg, respectively the President and Executive Director of Eagan Economic Development Authority, a Minnesota public body corporate and politic (“EDA”), on behalf of the EDA. _____________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 6 EXHIBIT A [Place holder for sketch of the Property]