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02/05/2018 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 5, 2018 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 Plans & Specifications, Contract 18-06 (Police Department and City Hall Renovation) and Authorize Advertisement of Bids F. AUTHORIZE Final Payment and Close Out Contract 17-10, 2017 Fiber Expansion to NE Eagan, Art House and Well 22 G. APPROVE Resolution Accepting Grant Amendment from the State of Minnesota on behalf of Dakota County Drug Task Force H. ACCEPT Federal High-Intensity Drug Trafficking Area grant on behalf of Dakota County Drug Task Force I. APPROVE Plans & Specifications, Contract 18-01, 2018 Citywide Street Improvements, and Authorize Advertisement for a Bid Opening J. AMEND 2017-2021 Capital Improvement Plan – Project 1277, 120th Street K. APPROVE Final Payment Contract 16-23, Country Hollow Lift Station Improvements L. APPROVE Temporary License Agreement with Magellan Midstream Partners LLC M. APPROVE Agreement with Xcel Energy – Quarry Road Gas Line Relocation N. SCHEDULE a Public Hearing for the Lebanon Hills Area 115kV Transmission Line Project to be held on March 6, 2018 O. APPROVE Final Planned Development/Agreement – Viking Lakes STEM Building P. SCHEDULE a public hearing date for February 20, 2018 to consider a business subsidy pursuant to Minnesota Statutes Sections 116J.993 to 116J.995 to Medical Equipment Solutions d/b/a Purair Products, Inc. Q. SCHEDULE public hearing date for March 6, 2018 to certify delinquent nuisance abatement bills R. SCHEDULE public hearing date for March 6, 2018 to certify delinquent utility bills S. APPROVE On-Sale Wine and Beer License for Cosmos Diner, LLC doing business as Cosmos Diner, 1981 Silver Bell Road V. PUBLIC HEARINGS A. RENEWAL of Comcast Cable Franchise Ordinance - consider adoption of an ordinance granting a cable television franchise to Comcast of Minnesota, Inc. B. VACATE Fen Way Right-of-Way VI. OLD BUSINESS VII. NEW BUSINESS A. REZONING, PRELIMINARY PLANNED DEVELOPMENT and FINAL PLANNED DEVELOPMENT - The Preserve at Cedar Grove / Commercial Investment Properties - A Rezoning from Cedar Grove District (CGD) to Planned Development (PD), A Preliminary Planned Development to allow a mixed use 5-story 151 unit multi-family building with a structured parking and a restaurant, and a Final Planned Development to allow a mixed use 5-story 151 unit multi- family building with structured parking located on Outlot B, Paragon Addition B. PLANNED DEVELOPMENT AMENDMENTS - MV Eagan Ventures, LLC - A Planned Development Amendment to allow liquor sales/consumption and a 100' tall cellular communications monopole located at Viking Lakes C. PLANNED DEVELOPMENT AMENDMENT- Lifetime Fitness / LTF Real Estate Company, LLC - A Planned Development Amendment to construct approximately 9,700 sq. ft. expansion located at 1565 Thomas Center Drive D. COMPREHENSIVE GUIDE PLAN AMENDMENT- Costco Wholesale / Costco Wholesale c/o TJ Design Strategies - A Comprehensive Guide Plan Amendment from Major Office (MO), to Retail Commercial (RC) to construct a members only retail warehouse, with a tire center and liquor store located on Lot 1, Block 1, Blue Gentian Corporate Center VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT Memo To: Honorable Mayor and City Council Members From: City Administrator Osberg Date: February 2, 2018 Subject: Agenda Information for February 5, 2018 City Council Meeting ADOPT AGENDA After approval is given to the February 5, 2018 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 5, 2018 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 January 9, 2018 Special City Council meeting, and January 16, 2018 regular City Council meeting as presented or modified. Attachments: (2) CA-1 January 9, 2018 Special City Council Minutes CA-2 January 16, 2018 City Council Minutes MINUTES SPECIAL CITY COUNCIL MEETING JANUARY 9, 2018 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Ridley, Communications Director Garrison, Strategic & Digital Communications Coordinator King, and Parks & Recreation Director Pimental. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. JOINT MEETING WITH EAGAN’S LEGISLATIVE DELEGATION Mayor Maguire welcomed State Representatives Halverson and Masin. State Senators Carlson and Klein, and Representative Barr were unable to attend. Also present was Gary Carlson, Intergovernmental Relations Director at the League of Minnesota Cities; Katie Sen, Lobbyist, Messerli & Kramer, representing the Municipal Legislative Commission; and Patricia Nauman, Metro Cities Executive Director. City Administrator Osberg noted it is the tradition of the City Council to meet with the legislative delegation at the first Council workshop in January. Each member of the Legislative delegation introduced themselves, and spoke about the committees they will be serving on in the 2018 session. Each representative from the LMC, MLC, and Metro Cities gave an update on several primary issues being addressed in the coming legislative session. The Council, representatives from the lobbying organizations and the legislative delegation discussed what they see coming out of the legislature this year. Mayor Maguire thanked the legislative delegation and representatives from LMC, MLC, and Metro Cities for attending the meeting. COMPREHENSIVE GUIDE PLAN UPDATE Community Development Director Hutmacher introduced the item noting about a year ago staff was in front of the Council to talk about the Community Engagement Plan. She noted the different ways the City has been reaching out to the community to get input on the Comprehensive Guide Plan. Hutmacher noted some of the major changes in the draft plan and walked through the next steps. Mark Koegler, Hoisington Koegler Group, walked through the changes in the Land Use, Housing and Economic Development chapters. Mr. Koegler, City staff, and the City Council discussed the chapter changes. Special City Council Minutes January 9, 2018 Page 2 Hutmacher reiterated the next steps in the Comprehensive Guide Plan update will be posting for public comment, potentially scheduling small group meetings and addressing some of the changes/questions the Council had prior to the public review period. Public Works Director Matthys gave a summary of the changes to the Stormwater Management Plan, Sewer Plan, Water Supply and Distribution Plan, Water Quality and Wetland Management Plan and Transportation Plan, as well as introduced the Integrated Water Plan. The Council directed staff to schedule the official Public Hearing for the 2040 Comprehensive Guide Plan Update at the March 27, 2018 Advisory Planning Commission meeting. The City Council took a 10 minute break. BUSINESS SURVEY RESULTS Communications Director Garrison introduced the item noting last fall the City contracted with National Research Center to conduct the National Business Survey. For the first time, this allows benchmarking with a small but growing number of cities. The National Business Survey is an assessment tool to gather opinions of businesses on a range of community issues, services and amenities giving Eagan decision makers first-ever feedback on how businesses think the City is doing on everything from the delivery of public safety services to transportation. Garrison noted the results are meant to offer the City Council and staff a snapshot of the business viewpoint about community quality and government services. Communications Director Garrison and Strategic & Digital Communications Coordinator King provided a presentation highlighting the survey results and were available for questions. The City Council offered their observations and feedback with regard to the survey results. OTHER BUSINESS There was no other business to be heard. ADJOURNMENT Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn at 8:55 p.m. Aye: 5 Nay: 0 ______________ Date _______ Mayor _______ City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JANUARY 16, 2018 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 Closed Session was called at 6:10 p.m. to discuss the settlement agreement in the Daniel Lowell Benson v. City of Eagan litigation. A regular meeting of the Eagan City Council was held on Tuesday, January 16, 2018 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 Communications Garrison, Public Works Director Matthys, City Engineer Gorder, Parks & Recreation Director Pimental, Finance Director Pepper, Director of Community Development Hutmacher, City Planner Ridley, City Clerk Scipioni, Police Chief McDonald, Fire Chief Scott, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted the addition to the Consent Agenda of Item Z. – Approve and authorize execution of a settlement agreement in the Daniel Lowell Benson v. City of Eagan Litigation. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION Gasoline Pipeline Spill Update Police Chief McDonald, Fire Chief Scott, and Public Works Director Matthys gave an update on the recent gasoline pipeline spill that occurred on Monday, January 15, 2018. CONSENT AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of January 2, 2018 regular City Council meeting, as presented. B. Personnel Items: 1. It was recommended to accept the resignation of Scott Nitti, Streets Maintenance Worker and authorize the recruitment and replacement of this position. City Council Meeting Minutes January 16, 2018 2 page 2. It was recommended to approve the transfer of Lawrence “Joe” Pluta from FT Streets Maintenance Worker to FT Parks Maintenance Worker and authorize the recruitment and replacement of this position. 3. It was recommended to authorize the hiring of seasonal employees as Rink Attendant, Winter Official, and Production Crewmember. 4. It was recommended to authorize the recruitment and replacement of PT Reoccurring Specialized Art Instructor. 5. It was recommended to accept the resignation of Marshall Grange, Eagan Community Center Manager. 6. It was recommended to approve the Client Service Coordinator to act as temporary lead with additional compensation due to the resignation of the E-TV Manager. C. It was recommended to ratify the check registers dated January 5, 2018. D. It was recommended to approve the ordinary and customary contracts with National Purchasing Partners Government Division, Metro Volleyball Officials Association, Jack Shawn – SMOA Officials Association, ICMA Retirement Association, and ICMA Retirement Corporation. E. It was recommended to approve an agreement with the City of Bloomington to provide police services for Super Bowl related activities. F. It was recommended to authorize the attendance at the 2018 National League of Cities Congressional City Conference and approve the corresponding budget transfer. G. It was recommended to approve the plans and specifications for Contract 17-20 (Quarry Road – Street and Park Improvements), and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 1, 2018. H. It was recommended to approve the final payment for Contract 17-21 (Central Maintenance Facility – Landscaping and Noise Mitigation) in the amount of $50,970.00 to Urban Companies and accept the improvements for perpetual City maintenance subject to warranty provisions. I. It was recommended to approve the plans and specifications for Contract 18-05 (Central Maintenance Facility – Phase II Improvements) and authorize the advertisement for a bid opening to be held at 2:00 p.m. on Tuesday, February 13, 2018. J. It was recommended to approve the final payment for Contract 17-03 (Cliff Lake Protection Project – Water Quality Improvements) in the amount of $36,058.40 to G.F. Jedlicki, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. K. It was recommended to approve the agreement with AVI Systems, Inc. to provide audio/visual professional design services for the renovations at the City Hall and Police facilities. L. It was recommended to authorize staff and the City Attorney’s office to proceed with the necessary land use application process and appropriate lease negotiations for the installation of private telecommunications equipment at Walden Heights Park, located south of Cliff Road west of Thomas Lane and opposite e Lake Park Drive. M. It was recommended to adopt a resolution authorizing the submittal of a 2018 CDA Redevelopment Incentive Grant (RIG) program application to assist with entrance monument work within the Cedar Grove Redevelopment Area. N. It was recommended to approve a resolution to accept donations from Patricia Judge and Keith Maiz. O. It was recommended to declare excess office furniture as surplus. P. It was recommended to approve a manager change of the Off-Sale Beer License issued to Eagan 2008, LLC doing business as Cub Foods #4974, 1020 Diffley Road. Q. It was recommended to approve a manager change of the Off-Sale Beer License issued to SUPERVALU Inc. doing business as Cub Foods #1616, 1940 Cliff Lake Road. City Council Meeting Minutes January 16, 2018 3 page R. It was recommended to approve a manager change of the On-Sale Liquor and Sunday Liquor License issued to Lone Oak Stores LLC doing business as Burgers & Bottles/Volstead House, 1278 Lone Oak Road. S. It was recommended to approve the renewal of an On-Sale Liquor and Sunday Liquor License for J & J Bhakta LLC doing business as Genghis Grill, 1278 Town Centre Drive #175. T. It was recommended to approve the renewal of an On-Sale Liquor and Sunday Liquor License for Qdoba Mexican Restaurant Corporation doing business as Qdoba Mexican Eats Store #2729, 1298 Promenade Place. U. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Trinity School at River Ridge on February 10, 2018 at 601 River Ridge Parkway. V. It was recommended to approve the agreement with UHL, Inc. to provide security and access control professional design services for the renovations at the City Hall and Police facilities. W. It was recommended to approve an extension of Final Subdivision approval for Danner Family 1st Addition to create one lot and an outlot upon approximately 10 acres located in the SE ¼ of Section 12, east of Dodd Road and south of Yankee Doodle Road. X. It was recommended to authorize submittal of a Minnesota Statewide Healthy Improvement Partnership (SHIP) grant application for $35,000.00 to the connectivity and feasibility study of an East West trail connection for the Dakota County Greenway system. Y. It was recommended to authorize submittal of a Dakota County Statewide Health Improvement Partnership Funding application for $16,000.00 to Active Living Dakota County for the wayfinding signage. Z. It was recommended to approve and authorize execution of a settlement agreement in the Daniel Lowell Benson v. City of Eagan litigation. PUBLIC HEARINGS Variance – Thor and Paula Raarup City Administrator Osberg introduced the item noting the property consists of a vacant lot, 2.9 acres in size. The Council is being asked to consider approval of a 924 SF Variance to allow a 1,500 SF accessory structure at 3640 Elrene Road. City Planner Ridley gave a staff report and provided a site map. The applicant was present. Sean Doyle, builder representing the applicant, gave a brief summary of the request noting the accessory space could be attached to the house, however, the applicant believes it would be less attractive aesthetically and also more costly. Mayor Maguire opened the public hearing. The following residents shared their concerns regarding the size of the structure, driveway location, future use, and tree removal: Sharon Schewe, 3636 Windtree Drive, Susan Elwell, 3638 Windtree Drive, and Mary Jo Rudolph, 3637 Windtree Drive. There being no further public comment, he turned the discussion back to the Council. Staff and Mr. Doyle responded to their questions. City Council Meeting Minutes January 16, 2018 4 page The Council discussed the variance. Councilmember Bakken noted his concern of the use for future owners. He was fine with the structure having electrical and natural gas, but was concerned with the possibility of adding water and sewer. Thor Rarrrup noted currently his existing workshop doesn’t have water or sewer. He had not decided if the new structure will have water or sewer, but said it could go without. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a 924 SF Variance to allow a 1,500 SF accessory structure at 3640 Elrene Road, subject to the following amended conditions in the staff report: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall be come 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. A single-family dwelling must be constructed on the property prior to the construction of the detached accessory structure. 3. The detached accessory building shall provide increased side and rear setbacks consistent with the submitted Site Plan received by the City November 13, 2017. 4. A Building Permit shall be required for the detached accessory building, and the principal building to which it is accessory must be constructed first. 5. Prior to the issuance of a Building Permit for the detached accessory structure, the applicant must demonstrate that the combined area of attached and detached accessory structures on the property do no exceed the area occupied by the single-family dwelling. 6. The detached accessory structure shall not exceed 30’ x 50’ size. 7. The detached accessory building shall be subject to all other standards for accessory buildings outlined in Section 11.40, Subd. 5 of the City Code including, but not limited to the following: a. No accessory building or structure 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. b. 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. c. 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. d. No more than two detached accessory buildings may be permitted for each dwelling. e. The roof of all detached accessory structures exceeding 120 square feet in size shall match the pitch and style of the principal structure. f. The inside wall height of any detached accessory structure shall not exceed 11 feed as measured from the floor to the roof decking. g. The height of any door opening of any detached accessory structure shall not exceed eight feet, as measured from the floor to the trim covering the door header. 8. The detached accessory structure shall be located on the property and substantial conformance with the proposed house, pool, out building exhibit attached to the Planning Report. 9. No water or sanitary sewer services should be installed to the detached accessory structure. 10. The attached accessory structure shall not be used for any commercial activity or use. City Council Meeting Minutes January 16, 2018 5 page Variance – City of Eagan City Administrator Osberg introduced the item noting before the Council tonight is an 18’ building setback variance at 3830 Pilot Knob Road. City Planner Ridley gave a staff report and provided a site map. Melissa Stein, Architect for Wold, gave a summary of the design and the need for the variance. City Engineer Gorder was available for questions. Mayor Maguire opened the public hearing. Randell Wick, noted his concerns regarding the setback variance, and safety issues. Mark Dobbelmann, 3809 Kingswood Trail, noted his concerns regarding safety, noise, decline of property values and also asked if there’s been a traffic study done. There being no further public comment, he turned the discussion back to the Council. Staff and Ms. Stine responded to their questions. The Council discussed the variance. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an 18’ building setback Variance at 3830 Pilot Knob Road, subject to the following condition: 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. Street Improvements for Project 1262, Donnywood, Project 1263, Discovery Road & Columbia Drive, Project 1264, Wescott Woodland, Project 1265, Blue Gentian Road / Blue Water Road, and Project 1274, Rocky Lane City Engineer Gorder introduced the item giving an overview of the proposed street improvements for Projects 1262, 1263, 1264, 1265, and 1274. Mayor Maguire opened the public hearing. Arieh Cohen, 3243 Red Oak Drive, noted he did not have a property near the listed projects but had a question on who inspects the work. Staff responded to his question. There being no further public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve Project 1262, Donnywood, Project 1263, Discovery Road & Columbia Drive, Project 1264, Wescott Woodland, Project 1265, Blue Gentian Road / Blue Water Road, and Project 1274, Rocky Lane as presented, and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 City Council Meeting Minutes January 16, 2018 6 page Mayor Maguire moved the 2018 Calendar Year City Organizational Business to after Old Business. The Council took a 10 minute break. OLD BUSINESS Comprehensive Guide Plan Amendment – Justman Freight City Administrator Osberg introduced the item noting the Council at their November 6, 2017 meeting, directed staff to submit the request to the Metropolitan Council for their consideration of a Comprehensive Guide Plan Amendment from LD (Low Density) to IND (Limited Industrial) upon approximately 7.5 acres located southwest of Red Pine Lane and Highway 3. City Planner Ridley gave a staff report and provided a site map. Logan Tjossem, Widseth, Smith, Nolting (WSN), representing Mike Neisius, gave a presentation on the the business and spoke to why they are requesting a Comprehensive Guide Plan Amendment. He noted they are proposing a right-of-way vacation for Hall Street. Peter Schuler, AB Systems, representing Mike Neisius, provided additional information on the request. The Council discussed the right-of-way vacation request for Hall Street. Mayor Maguire opened the public comment. Doug Johnson, 4775 Dodd Road, expressed his support for the business, but had concerns regarding the location of the proposed building. The following residents stated their concerns regarding traffic, rezoning of property, noise, building location and industrial growth: Jeff Nietz, 651 Waterview Cove, Erik Gustafson, 4822 Dodd Road, Jacquelyn Duff, 4800 Dodd Road, Steve Hamilton, 4764 Dodd Road, Eugene Im, 4850 Dodd Road, Karen McKenna, 647 Waterview Cove, and Rick Fisher, 647 Waterview Cove, Larry Berhow, 704 Nauvoo Lane. There being no public comment, he turned the discussion back to the Council. Staff responded to their questions. Mr. Tjossem noted the applicant is willing to vacate the easement all the way to the west. Mr. Schuler noted they are willing to work with the neighbors to come to a mutual agreement. The Council discussed the right-of-way vacation request and the Comprehensive Guide Plan Amendment. After further discussion it was the consensus of the Council to table the item indefinitely to allow further conversations between the applicant and neighbors, and to explore other options for the proposed building site and move forward with a Planned Development. The Council also wanted to make sure the neighbors are notified of future meetings. Councilmember Hansen moved, Councilmember Bakken seconded a motion to table indefinitely the Comprehensive Guide Plan Amendment from LD (Low Density) to IND (Limited Industrial) upon 7.5 acres located southwest of Red Pine Lane and Highway 3. Aye: 5 Nay: 0 City Council Meeting Minutes January 16, 2018 7 page Ordinance Amendment –An Ordinance Amendment to City Code Chapter 5 Regarding Viking Lakes On-Sale Alcohol Licensing City Administrator Osberg introduced the item noting at the October 10, 2017 Special City Council meeting, the Council discussed policy questions associated with on-sale liquor at Viking Lakes and provided direction regarding regulations for Viking Lakes. The 2017 Special Legislative Session included a law that allows Eagan to issue on-sale alcohol licenses to the owner of Lots 1, Block 1, Viking Lakes, or to any concessionaire or other third-party vendor under contract with the owner. Osberg noted two types of on-sale liquor licenses can be issued at Viking Lakes: 1) Annual on-sale licenses, which are approved by Council, and 2) Short-term on-sale licenses, which are approved administratively for periods of up to 30 days. On-sale liquor license holders with an alcohol caterer’s permit issued by the State must register with the City if the event has more than 500 attendees. The regulation within the ordinance amendment are specific to licenses issued for Viking Lakes and do not apply to alcohol licenses issued under other provisions of City Code. City Clerk Scipioni was available for questions. Representatives from Vikings Lakes were present. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an ordinance amendment to City Code Chapter 5 regarding Viking Lakes On-Sale Liquor and direct publication of an ordinance amendment summary. Aye: 5 Nay: 0 2018 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS City Administrator Osberg noted that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: Acting Mayor Mayor Maguire moved, Councilmember Bakken seconded a motion to appoint Councilmember Fields as Acting Mayor. Aye: 4 Nay: 0 (Fields abstained) Official Legal Newspaper Mayor Maguire moved, Councilmember Bakken seconded to approve retention of the Burnsville/Eagan Sun Thisweek Newspaper as the City of Eagan’s official legal newspaper. Aye: 5 Nay: 0 City Depositories Councilmember Bakken moved, Councilmember Tilley moved to designate Anchor Bank and US Bank Trust as the City’s depositories. Aye: 5 Nay: 0 City Council Meeting Minutes January 16, 2018 8 page City Council Meeting Schedule Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the 2018 schedule of City Council meetings as presented noting the alternate dates. Aye: 5 Nay: 0 2018 Schedule of Regular City Council Meetings (Including January 2019 meetings) JANUARY 2 MAY 15 OCTOBER 2 JANUARY 16 JUNE 5 OCTOBER 16 FEBRUARY 5 1 Monday JUNE 19 NOVEMBER 5 5 Monday FEBRUARY 20 JULY 3 2 No Meeting NOVEMBER 20 MARCH 6 JULY 17 DECEMBER 4 MARCH 20 AUGUST 6 3 Monday DECEMBER 18 APRIL 3 AUGUST 21 JANUARY 2, 2019 6 Wednesday APRIL 17 SEPTEMBER 4 JANUARY 15, 2019 MAY 1 SEPTEMBER 17 4 Monday 1 Monday, February 5 due to Precinct Caucus 2 Tuesday, July 3 No meeting 3 Monday, August 6 due to National Night Out 4 Monday, September 17 due to Yom Kipper 5 Monday, November 5 due to Elections 6 Wednesday, January 2 due to New Year’s Day There will be a Listening Session at 6:00 p.m. before each regular Council meeting. City Council Meeting Minutes January 16, 2018 9 page 2018 Schedule of Special City Council Meetings, Workshops and First January 2019 Meeting JANUARY 9 MAY 22 (tentative) OCTOBER 9 JANUARY 23 (Council Retreat) JUNE 12 OCTOBER 23 (tentative) FEBRUARY 13 February 27 (tentative) MARCH 13 JUNE 26 (tentative) JULY 10 JULY 24 (tentative) NOVEMBER 13 NOVEMBER 27 (tentative) DECEMBER 11 MARCH 27 (tentative) AUGUST 15 1 Wednesday No tentative meeting the week of Christmas APRIL 10 AUGUST 28 (tentative) JANUARY 8, 2019 APRIL 24 (tentative) SEPTEMBER 11 JANUARY 22, 2019 (tentative) MAY 8 SEPTEMBER 25 (tentative) 1Wednesday, August 15 due to Primary Elections City Council Meeting Procedures Mayor Maguire moved, Councilmember Tilley seconded a motion to acknowledge Robert’s Rules of Order as the means to conduct official business at all regular City Council meetings, and approve the guidelines for public participation in City Council meetings. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to ratify the Council’s practice and policy that during election years, from the opening of the Council candidate filing period through the November election, the Visitors to be Heard segment of the meeting shall occur for a period of time not to exceed ten minutes and will not be televised. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0 City Council Meeting Minutes January 16, 2018 10 page Standing Committee Appointments / Representative Appointments Mayor Maguire moved Councilmember Fields seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees, Fire Relief Association and other appointments as presented. Aye: 5 Nay: 0 Standing Committees: Communications Committee: Councilmember Tilley and Councilmember Hansen Finance Committee: Mayor Maguire and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Fields Public Works Committee: Councilmember Fields and Councilmember Bakken Advisory Commission Liaisons: Advisory Parks and Recreation Commission: Councilmember Tilley Advisory Planning Commission: Councilmember Hansen Airport Relations Committee: Councilmember Fields Energy and Environment Advisory Commission: Councilmember Bakken Intergovernmental Committee Appointments: Caponi Art Park Board: Recreation Supervisory Andersen DCC 2017-2018 Board: Councilmember Hansen (Councilmember Fields as alternate) DCC 2017-2018 Executive Board: City Administrator Osberg (Assistant City Administrator Miller as alternate) Eagan Convention and Visitors Bureau: Mayor Maguire Eagan Funfest Board: Director of Parks & Recreation Pimental LOGIS Board of Directors: Director of Finance Pepper (Assistant City Administrator Miller and IT Manager Cook as alternates) MSP Noise Oversight Committee: Assistant City Administrator Miller (Councilmember Fields as alternates) Minnesota Valley Transit Authority Board: Councilmember Hansen (Assistant Finance Director Feldman as alternate) Monthly Mayor/Manager Breakfasts: Mayor Maguire Municipal Legislative Commission Board: Mayor Maguire Other: (No appointment by City Council – information only) LMC & Metro Cities Policy Advisory Committees: Councilmember Hansen Metro Cities Board of Directors: Councilmember Hansen Testimony at Legislature: All as needed Fire Relief Association Board of Trustees: Fire Chief Scott, along with Mayor Maguire and and Director of Finance Pepper. City Council Meeting Minutes January 16, 2018 11 page NEW BUSINESS There were no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA PUBLIC WORKS DIRECTOR Public Works Director Matthys noted the Public Works Committee meeting will be held in the lower conference room immediately after the Council meeting. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:48 p.m. Aye: 5 Nay: 0 _______ Date ______ Mayor _______ City Clerk Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorize the hiring of the following seasonal employees: BRINDLE, GABRIEL A GUEST SERVICES REP CHRISTENSEN, EMILY M RECREATION ASSISTANT DUNCAN, MACKENZIE L RECREATION ASSISTANT ERICKSON, DAVID W GUEST SERVICES REP KURTA, AMANDA K ART HOUSE INSTRUCTOR 2 NORTON, MARY M GUEST SERVICE REP RECH, KIMBERLY A ART HOUSE INSTRUCTOR 2 SACHER, GRACE E ART HOUSE INSTRUCTOR 2 STMARTIN, WAYNE J PARK LABORER STURMAN, MELISA C ART HOUSE INSTRUCTOR 2 ITEM 2. Action To Be Considered: Accept the retirement of Linda Fink, Accountant II, and authorize the recruitment and replacement of this position. ITEM 3. Action To Be Considered: Authorize a classification level change for the Utility Superintendent from Grade 17 to Grade 18, effective July 23,2017. FACTS:  Springsted Inc. conducted a Job Classification and market study that was implemented July 2017.  After recently consulting with Springsted, it was determined that the Utility Superintendent position was originally calculated at Grade 18, but reported to the City staff as Grade 17.  This action corrects the Springsted report to reflect the Utility Superintendent position as Grade 18. Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated January 12, 19, and 26, 2018 as presented. Attachments: (3) CC-1 Check register dated January 12, 2018 CC-2 Check register dated January 19, 2018 CC-3 Check register dated January 26, 2018 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195728 1/8/2018 150476 ALLSTREAM Continued... 51.00 TELEPHONE 271465 15083323 9116.635212/31/2017 Telephone Circuits Cedar Grove Parking Garage 51.00 TELEPHONE 271465 15083323 9116.635212/31/2017 Telephone Circuits Cedar Grove Parking Garage 19.35 TELEPHONE 271465 15083323 6101.634712/31/2017 Telephone Service & Line Charg Water -Administration 41.81 TELEPHONE 271465 15083323 6146.634712/31/2017 Telephone Service & Line Charg North Plant Building 41.81 TELEPHONE 271465 15083323 6146.634712/31/2017 Telephone Service & Line Charg North Plant Building 41.81 TELEPHONE 271465 15083323 6146.634712/31/2017 Telephone Service & Line Charg North Plant Building 41.81 TELEPHONE 271465 15083323 6146.634712/31/2017 Telephone Service & Line Charg North Plant Building 41.81 TELEPHONE 271465 15083323 6146.634712/31/2017 Telephone Service & Line Charg North Plant Building 41.81 TELEPHONE 271465 15083323 6154.634712/31/2017 Telephone Service & Line Charg South Plant Building 41.81 TELEPHONE 271465 15083323 6154.634712/31/2017 Telephone Service & Line Charg South Plant Building 41.80 TELEPHONE 271465 15083323 6154.634712/31/2017 Telephone Service & Line Charg South Plant Building 41.81 TELEPHONE 271465 15083323 6239.634712/31/2017 Telephone Service & Line Charg Lift Station Maintenanc/Repair 41.81 TELEPHONE 271465 15083323 6239.634712/31/2017 Telephone Service & Line Charg Lift Station Maintenanc/Repair 1.34 TELEPHONE 271465 15083323 6101.634712/31/2017 Telephone Service & Line Charg Water -Administration 25.79 TELEPHONE 271465 15083323 6601.634712/31/2017 Telephone Service & Line Charg General/Administrative-Arena 1.79 TELEPHONE 271465 15083323 6601.634712/31/2017 Telephone Service & Line Charg General/Administrative-Arena 25.79 TELEPHONE 271465 15083323 6716.634712/31/2017 Telephone Service & Line Charg General Administration 1.79 TELEPHONE 271465 15083323 6716.634712/31/2017 Telephone Service & Line Charg General Administration 45.14 TELEPHONE 271465 15083323 6801.634712/31/2017 Telephone Service & Line Charg General & Administrative 3.11 TELEPHONE 271465 15083323 6801.634712/31/2017 Telephone Service & Line Charg General & Administrative 2,554.39 195729 1/8/2018 146829 AT&T MOBILITY 41.24 11/18/17-12/17/17 271466 287262588400X12 252017 2010.635512/31/2017 Cellular Telephone Service General Engineering 41.24 11/18/17-12/17/17 271466 287262588400X12 252017 9701.635512/31/2017 Cellular Telephone Service PEG-eligible 82.48 195730 1/8/2018 100050 DAKOTA ELECTRIC 180.27 CARNELIAN LANE HOCKEY RINK 271467 128582-4-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 14.00 RIDGE CLIFF PARK 271468 170637-3-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 14.00 PILOT KNOB PARK 271469 177545-1-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 19.25 BERRY RIDGE STORM 271470 189767-7-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 20.99 PILOT KNOB WELL SITE RINK 271471 200813-4-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 68.43 HIGHLINE TRAIL STORM 271472 201116-1-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 145.01 WELL #19 271473 203725-7-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 14.00 HEINE CT AERATOR 271474 203785-1-DEC17 6520.640512/31/2017 Electricity Basin Mgmt-Aeration 41.99 31/WESCOTT SIGNALS 271475 214661-1-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 87.26 1275 TOWERVIEW RD 271476 321533-2-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195730 1/8/2018 100050 DAKOTA ELECTRIC Continued... 41.86 CEDAR GROVE SIGNALS 271477 333642-7-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 219.10 CEDARVALE BLVD LIGHTS 271478 346992-1-DEC17 6301.640612/31/2017 Electricity-Street Lights Street Lighting 14.00 DENMARK AVE #SLSIGN 271479 405764-2-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 20.53 CHLOE LANE LIFT STATION 271480 472429-0-DEC17 6239.640512/31/2017 Electricity Lift Station Maintenanc/Repair 1,687.24 FIRE #1 BLACKHAWK 271481 572299-6-DEC17 3313.640512/31/2017 Electricity Fire Buildings 5.35 RAHN ROAD SIREN 271482 578913-6-DEC17 1106.640512/31/2017 Electricity Emergency Preparedness 2,593.28 195731 1/8/2018 139121 MARCO INC. 1,782.82 PRINTERS 271483 21817131 0301.656912/31/2017 Maintenance Contracts IT-Gen & Admn 195.89 PRINTERS 271483 21817131 6101.656912/31/2017 Maintenance Contracts Water -Administration 29.27 PRINTERS 271483 21817131 6501.656912/31/2017 Maintenance Contracts G/A - Water Quality 30.85 PRINTERS 271483 21817131 6601.656912/31/2017 Maintenance Contracts General/Administrative-Arena 212.78 PRINTERS 271483 21817131 6801.656912/31/2017 Maintenance Contracts General & Administrative 3,439.38 COPIERS 271484 21817132 0301.656912/31/2017 Maintenance Contracts IT-Gen & Admn 377.91 COPIERS 271484 21817132 6101.656912/31/2017 Maintenance Contracts Water -Administration 56.47 COPIERS 271484 21817132 6501.656912/31/2017 Maintenance Contracts G/A - Water Quality 59.51 COPIERS 271484 21817132 6601.656912/31/2017 Maintenance Contracts General/Administrative-Arena 410.48 COPIERS 271484 21817132 6801.656912/31/2017 Maintenance Contracts General & Administrative 6,595.36 195732 1/8/2018 120087 MN ENERGY RESOURCES CORP 137.93 RAHN PARK WARMING HOUSE 271485 0505212492-0000 1-DEC17 3106.641012/31/2017 Natural Gas Service Structure Care & Maintenance 9.50 CENTRAL PARK PAVILLION 271486 0506640339-0000 1-DEC17 3106.641012/31/2017 Natural Gas Service Structure Care & Maintenance 292.68 FIRE STATION 3 271487 0502709856-0000 1-DEC17 3313.641012/31/2017 Natural Gas Service Fire Buildings 271.07 EAGAN OUTLETS PARKWAY 271488 0507382197-0000 1-DEC17 9116.641012/31/2017 Natural Gas Service Cedar Grove Parking Garage 5,840.25 NORTH TREATMENT PLANT 271489 0505460873-0000 1-DEC17 6146.641012/31/2017 Natural Gas Service North Plant Building 63.50 WELL #3 271490 0505460873-0000 2-DEC17 6146.641012/31/2017 Natural Gas Service North Plant Building 101.22 HOLZ FARM 271491 0506678453-0000 1-DEC17 3106.641012/31/2017 Natural Gas Service Structure Care & Maintenance 82.49 TRAPP FARM PARK 271492 0506168916-0000 1-DEC17 3106.641012/31/2017 Natural Gas Service Structure Care & Maintenance 477.89 EAGAN OUTLET PARKWAY COMMONS 271493 0504332209-0000 1-DEC17 9116.641012/31/2017 Natural Gas Service Cedar Grove Parking Garage 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195732 1/8/2018 120087 MN ENERGY RESOURCES CORP Continued... 98.89 QUARRY PARK 271494 0507516709-0000 1-DEC17 3106.641012/31/2017 Natural Gas Service Structure Care & Maintenance 209.52 FIRE STATION 1 RAHN ROAD 271495 0504039526-0000 1-DEC17 3313.641012/31/2017 Natural Gas Service Fire Buildings 225.75 UTILITY STORAGE BUILDING 271496 0505182087-0000 3-DEC17 6146.641012/31/2017 Natural Gas Service North Plant Building 66.39 TIMBERLINE PUMPHOUSE 271497 0502341685-0000 1-DEC17 6146.641012/31/2017 Natural Gas Service North Plant Building 7,877.08 195733 1/8/2018 114471 SPRINT 14.26 POLICE STREET POST 271498 204988812-121 1104.634912/31/2017 Teleprocessing Equipment Patrolling/Traffic 14.26 195734 1/12/2018 100450 1ST LINE BEVERAGE 298.25 CONCESION RESALE 271499 127724 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 298.25 195735 1/12/2018 151172 ALADTEC INC. 6,000.00 2018 SCHEDULING SOFTWARE 271723 2017-10813 1221.65351/11/2018 Other Contractual Services Administration-Fire 6,000.00 195736 1/12/2018 146622 ALLIANCE FOR INNOVATION 3,980.00 2018 ALLIANCE FOR INNOVATION 271724 244606 0201.64791/11/2018 Dues and Subscriptions General & Admn-Admn 3,980.00 195737 1/12/2018 120354 AL'S COFFEE COMPANY 665.70 CONCESSIONS RESALE 271717 155575 6609.68551/11/2018 Merchandise for Resale Concession Sales/Vending 665.70 195738 1/12/2018 102311 AL'S VACUUM & JANITORIAL SUPPLY, INC. 386.20 BLDG REPAIR PARTS 271500 28552 3106.623312/31/2017 Building Repair Supplies Structure Care & Maintenance 386.20 195739 1/12/2018 148129 AMAZON 153.46 MARLEY LEADING EDGE 271785 BQKKJKTMGUAP 9355.664012/31/2017 Machinery/Equipment MAINTENANCE FACILITY EXPANSION 423.36 COMMERCIAL CEILING FAN 271786 COBHJKOFEGEC 9355.664012/31/2017 Machinery/Equipment MAINTENANCE FACILITY EXPANSION 25.99 ADAPTER 271787 MGAVQBNGFAF 0301.666012/31/2017 Office Furnishings & Equipment IT-Gen & Admn 125.30 COOLING CAP/HELMET LINER 271788 473469384977 1104.622412/31/2017 Clothing/Personal Equipment Patrolling/Traffic 48.58 TOOLS 271789 BVPRDTCVRBEA 0301.666012/31/2017 Office Furnishings & Equipment IT-Gen & Admn 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195739 1/12/2018 148129 AMAZON Continued... 182.10 SUPPLIES 271790 434663569493 0301.623012/31/2017 Repair/Maintenance Supplies-Ge IT-Gen & Admn 107.50 SUPPLIES 271791 864644678874 0720.621012/31/2017 Office Supplies General Admin-Planning & Zonin 25.98 TOOLS 271792 443943947959 2401.624012/31/2017 Small Tools Gen/Adm-Central Services 184.24 TOOLS 271793 445938333399 2401.624012/31/2017 Small Tools Gen/Adm-Central Services 53.69 SUPPLIES 271794 834375799874 1101.621012/31/2017 Office Supplies General/Admn-Police 67.22 SUPPLIES 271795 468568788683 3001.647512/31/2017 Miscellaneous General/Admn-Recreation 243.42 SUPPLIES 271796 497896957833 3001.622212/31/2017 Medical/Rescue/Safety Supplies General/Admn-Recreation 93.98 SUPPLIES 271797 963646545945 3001.622712/31/2017 Recreation Equipment/Supplies General/Admn-Recreation 63.96 SUPPLIES 271797 963646545945 3057.622012/31/2017 Operating Supplies - General Preschool Programs 49.94 MANUAL 271798 444974985445 6101.621212/31/2017 Office Small Equipment Water -Administration 31.22 SUPPLIES 271799 644384889935 6101.621212/31/2017 Office Small Equipment Water -Administration 80.40 BANDAGES 271800 944567945698 3001.622212/31/2017 Medical/Rescue/Safety Supplies General/Admn-Recreation 126.24 STACKING CUPS 271801 438594537948 3001.622712/31/2017 Recreation Equipment/Supplies General/Admn-Recreation 177.99 NOISE CANCELLING HEADPHONES 271802 484678936346 1105.621212/31/2017 Office Small Equipment Investigation/Crime Prevention 624.92 ACTIVITY TABLES 271803 687749968457 3001.622712/31/2017 Recreation Equipment/Supplies General/Admn-Recreation 8.16 SUPPLIES 271804 783694647795 2270.622012/31/2017 Operating Supplies - General Building And Grounds-Mtn 17.99 SUPPLIES 271804 783694647795 2201.635512/31/2017 Cellular Telephone Service Gen/Adm-Streets 236.89 STACKING CHAIRS 271805 836556633877 3001.622712/31/2017 Recreation Equipment/Supplies General/Admn-Recreation 55.96 4 WIRELESS MOUSE 271806 464673874458 1104.622012/31/2017 Operating Supplies - General Patrolling/Traffic 82.20 GRAFFITI REMOVER 271807 447385567567 3105.622312/31/2017 Building/Cleaning Supplies Vandalism Repair or Cleanup 18.98 PARTS 271808 549798658539 3128.623112/31/2017 Mobile Equipment Repair Parts Vehicle Maintenance 28.98 CHARGER 271809 438497653346 2401.666012/31/2017 Office Furnishings & Equipment Gen/Adm-Central Services 3,338.65 195740 1/12/2018 149319 AMERICAN SOCIETY OF CIVIL ENGINEERS 275.00 2018 MEMBERSHIP DUES 271725 1043875702-2018 6501.64791/11/2018 Dues and Subscriptions G/A - Water Quality 275.00 195741 1/12/2018 142987 APPLE CHEVROLET BUICK NORTHFIELD 108.18 RO 755 UNIT 315 271501 54326 9001.141512/31/2017 Inventory - Parts General Fund 45.84 RO 782 UNIT 127 271502 54468 9001.141512/31/2017 Inventory - Parts General Fund 154.02 195742 1/12/2018 100360 APPLE FORD LINCOLN APPLE VALLEY 881.73 DTF LEASE OCT/NOV/DEC 2017 271512 1120-252574-122 517 1105.645712/31/2017 Machinery & Equipment-Rental Investigation/Crime Prevention 881.73 195743 1/12/2018 121083 ASPEN MILLS 22.45 NEW LOGO 271503 207585 1221.622412/31/2017 Clothing/Personal Equipment Administration-Fire 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195743 1/12/2018 121083 ASPEN MILLS Continued... 22.45 195744 1/12/2018 101609 ASPEN WASTE 404.54 ECC WASTE 271718 S1321957-010118 6827.65391/11/2018 Waste Removal/Sanitation Servi Building Maintenance 57.76 FD WASTE 271719 S1366341-010118 3313.65391/11/2018 Waste Removal/Sanitation Servi Fire Buildings 308.07 WASTE REMOVAL 271720 S1322047-010118 6603.65391/11/2018 Waste Removal/Sanitation Servi Building Repair & Maint. 770.37 195745 1/12/2018 136804 ASSETWORKS INC. 11,990.09 2018 CMF SOFTWARE MAINTENANCE 271731 605-3796 0301.65691/11/2018 Maintenance Contracts IT-Gen & Admn 11,990.09 195746 1/12/2018 100487 BARR ENGINEERING CO 3,948.58 ENGINEERING SERVICES 271504 23191139.18-2 6541.6712 P126912/31/2017 Project - Engineering Capital Proj-Renew&Repl-cr1126 3,841.87 ENGINEERING SERVICES 271504 23191139.18-2 6541.6712 P127012/31/2017 Project - Engineering Capital Proj-Renew&Repl-cr1126 4,109.04 ENGINEERING SERVICES 271504 23191139.18-2 6541.6712 P127112/31/2017 Project - Engineering Capital Proj-Renew&Repl-cr1126 20,099.37 ENGINEERING SERVICES 271504 23191139.18-2 6541.6712 P127212/31/2017 Project - Engineering Capital Proj-Renew&Repl-cr1126 2,508.62 ENGINEERING SERVICES 271505 23191361.00-4 6542.6712 P126812/31/2017 Project - Engineering Capital Proj-WQ dedictn-cr1127 34,507.48 195747 1/12/2018 100397 BATTERIES PLUS 183.97 REPLACE WORN FLASH LIGHTS 271506 026-324252 6154.624012/31/2017 Small Tools South Plant Building 183.97 195748 1/12/2018 146481 BERNICK'S 93.60 CONCESSION RESALE 271507 399668 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 93.60 195749 1/12/2018 143561 BLUE TARP FINANCIAL 999.00 SMALL EQUIP REPLACEMENT 271508 0031144455 3108.667012/31/2017 Other Equipment Park Improvements 578.00 SMALL EQUIP REPLACEMENT 271509 0031144457 3118.667012/31/2017 Other Equipment Athletic Field Mtn/Setup 1,577.00 195750 1/12/2018 131767 BOLTON & MENK INC. 272.00 TOPO FOR PHASE II 271510 0212137 8278.671312/31/2017 Project - Outside Engineering P1278 2018 CMF improvements 7,952.00 PRELIMINARY SURVEY 271511 0212135 8277.671312/31/2017 Project - Outside Engineering P1277 120th St Pine Ln 8,224.00 195751 1/12/2018 142923 BUREAU OF CRIMINAL APPREHENSION 630.00 MDC ACCESS BCA 4TH QTR 17 271513 0000453730 1104.634912/31/2017 Teleprocessing Equipment Patrolling/Traffic 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195751 1/12/2018 142923 BUREAU OF CRIMINAL APPREHENSION Continued... 630.00 195752 1/12/2018 142837 CENTURYLINK (R) 978.12 JAN 2018 TELEPHONE 271726 1428785092 9695.63471/11/2018 Telephone Service & Line Charg Dakota Co Drug Task Force 978.12 195753 1/12/2018 146026 CLAUSEN, CHAD 42.87 TRAINING MEALS X 2 271525 122017 1104.647612/31/2017 Conferences/Meetings/Training Patrolling/Traffic 42.87 195754 1/12/2018 142286 COMCAST 52.80 MONTHLY DUES 12/18-1/17/18 271526 877210508072454 1-120817 6603.635712/31/2017 Advertising/Publication Building Repair & Maint. 52.80 195755 1/12/2018 142286 COMCAST 2.11 1/9/18-2/8/18 271721 877210508073668 5-010118 6146.65351/11/2018 Other Contractual Services North Plant Building 2.11 195756 1/12/2018 142286 COMCAST 18.99 COMCAST DIGITAL ADAPTERS JAN18 271727 877210508005717 3-122017 0301.65691/11/2018 Maintenance Contracts IT-Gen & Admn 18.99 195757 1/12/2018 142286 COMCAST 8.44 CABLE BILL JAN 2018 271728 877210508005718 1-122017 1104.65691/11/2018 Maintenance Contracts Patrolling/Traffic 8.44 195758 1/12/2018 142286 COMCAST 21.14 COMCAST FEES 1/5-2/4/18 271729 877210508075712 9-122517 1221.65351/11/2018 Other Contractual Services Administration-Fire 21.14 195759 1/12/2018 144237 CONLON CSTE CBNT, JOE 259.00 E-TV REPAIRS 271527 325 9701.668012/31/2017 Mobile Equipment PEG-eligible 259.00 195760 1/12/2018 100040 CONT SAFETY EQUIP 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195760 1/12/2018 100040 CONT SAFETY EQUIP Continued... 23.18 NEW SHOP SUPPLIES, PAINTING 271514 446848 2270.622012/31/2017 Operating Supplies - General Building And Grounds-Mtn 178.54 SAFETY GLASSES 271515 446846 3201.622212/31/2017 Medical/Rescue/Safety Supplies Administrative/General 201.72 195761 1/12/2018 132315 COOK, DAN 125.73 COOK, DAN MILEAGE 10/5-12/19 271528 121917 0301.635312/31/2017 Personal Auto/Parking IT-Gen & Admn 125.73 195762 1/12/2018 146281 CORNERSTONE PARKING GROUP INC. 1,630.82 CINTAS, SEDGEWICK, DESIGNER SI 271516 1480 9116.622312/31/2017 Building/Cleaning Supplies Cedar Grove Parking Garage 6,111.45 RELIABLE SNOW REMOVAL 271516 1480 9116.625312/31/2017 Turf Maintenance & Landscape S Cedar Grove Parking Garage 7,742.27 195763 1/12/2018 128896 CORPORATE MARK INC. 390.00 LOGO BEANIE 271722 422891 9695.62241/11/2018 Clothing/Personal Equipment Dakota Co Drug Task Force 390.00 195764 1/12/2018 145374 CURDCO INC. 176.00 CONCESSION RESALE 271517 17-270 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 176.00 195765 1/12/2018 128852 DAK CTY REGIONAL CHAMBER OF COMMERCE 1,000.00 DAK CTY REGIONAL CHAMBER 2018 271730 67216 0201.65351/11/2018 Other Contractual Services General & Admn-Admn 1,000.00 195766 1/12/2018 110921 DAKOTA AWARDS & ENGRAVING 30.00 PAR TAGS 271518 18027 1225.622412/31/2017 Clothing/Personal Equipment Fire / EMS Equipment 6.00 PAR TAGS 271519 18044 1225.622412/31/2017 Clothing/Personal Equipment Fire / EMS Equipment 36.00 195767 1/12/2018 100050 DAKOTA ELECTRIC 165.42 HOLZ FARM 271520 100914-1-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 21.93 DIFFLEY/LEXINGTON 271521 101738-3-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 23.10 DIFFLEY/LEXINGTON 271522 102634-3-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 23.68 OAK POND RD SAN LIFT STATION 271523 102843-0-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 28.46 DIFFLEY/LEXINGTON 271524 103085-7-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 30,195.79 RIVER HILLS STREET LITES 271529 129548-4-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 43.85 JOHNNYCAKE/CLIFF SIGNALS 271530 141558-7-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 42.10 GUN CLUB ROAD LIFTSTATION 271531 166469-7-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 138.76 TRAPP LAKE PARK 271532 172633-0-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195767 1/12/2018 100050 DAKOTA ELECTRIC Continued... 2,325.98 HOLLAND STORM 271533 183413-4-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 368.40 ELRENE RD HOCKEY RINK 271534 192536-1-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 529.78 CANTER GLEN STORM 271535 193566-7-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 27.99 LEXINGTON RESERVOIR 271536 200603-9-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 30.44 WESCOTT STORM 271537 201101-3-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 56.87 WOODLANDS STORM 271538 201125-2-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 64.83 NORTHVIEW PARK IRRIGATION 271539 203049-2-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 24.49 OHMAN PARK SHELTER 271540 205375-9-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 14.24 DIFFLEY ROAD TUNNEL LITES 271541 214662-9-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 40.47 DIFFLEY/LEXINGTON 271542 221769-3-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 14.00 620 CLIFF RD AERATOR 271543 226044-6-DEC17 6520.640512/31/2017 Electricity Basin Mgmt-Aeration 32.89 MAJESTIC OAKS SANITARY 271544 288226-4-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 14.00 HAY LAKE RD AERATOR 271545 371946-5-DEC17 6520.640512/31/2017 Electricity Basin Mgmt-Aeration 18.67 WESCOTT TR GAZEBO 271546 393793-5-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 62.27 STEEPLECHASE CT LIFTSTATION 271547 401500-4-DEC17 6239.640512/31/2017 Electricity Lift Station Maintenanc/Repair 724.40 ART HOUSE 271548 412157-0-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 19.25 LEXINGTON AVE GAZEBO 271549 440126-1-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 57.03 MARSH COVE SAN LIFT 271550 441453-8-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 35,109.09 195768 1/12/2018 100516 DESIGNER SIGN SYSTEMS INC 295.23 ADDED PUBLIC SIGN FS1 PROJECT 271551 8859 9354.664012/31/2017 Machinery/Equipment FIRE STATION 1 295.23 195769 1/12/2018 108122 DESIGNWRITE STUDIO'S, INC. 551.00 WATER QUALITY REPORT DESIGN 271552 6127 6113.631012/31/2017 Professional Services-General Preparation/ Research/ Writing 551.00 195770 1/12/2018 126333 DUNN & SEMINGTON PRINTING DESIGN 45.00 CLUB SK8 PASSES 271553 31658 6601.635712/31/2017 Advertising/Publication General/Administrative-Arena 45.00 195771 1/12/2018 101697 EAGAN CONVENTION & VISITORS BUREAU 66,202.11 LODGING TAX - NOV 271558 1117 9001.221012/31/2017 Due to Convention Bureau General Fund 1,295.45-LODGING TAX - MONTHLY RENTAL 271558 1117 6801.462112/31/2017 Building Rent General & Administrative 4.87-LONG DIST PHONE CHARGES 271558 1117 6801.634712/31/2017 Telephone Service & Line Charg General & Administrative 20.00-MONTHLY PHONE MAINT CHARGES 271558 1117 6801.634712/31/2017 Telephone Service & Line Charg General & Administrative 1,011.26-LODGING TAX - DUE FROM ECVB 271558 1117 9337.1386.112/31/2017 Due from ECVB Community Investment 455.41-LODGING TAX - INTEREST - ECVB 271558 1117 9337.4613.412/31/2017 Int on IR-ECVB Community Investment 63,415.12 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195771 1/12/2018 101697 EAGAN CONVENTION & VISITORS BUREAU Continued... 195772 1/12/2018 100387 EAGAN GENERAL REPAIR 45.00 REPAIR LABOR 271554 26842 3103.642812/31/2017 Field/Other Equipment Repair-L Site Amenity Maintenance 225.00 RESCUE 1 UPDATES 271555 26847 1224.623112/31/2017 Mobile Equipment Repair Parts Engineer 270.00 195773 1/12/2018 100060 ECM PUBLISHERS INC 299.40 INDOOR MARKET FEST AD 271556 561524 3061.635712/31/2017 Advertising/Publication Market Fest 299.40 195774 1/12/2018 146802 EMERGENCY RESPONSE SOLUTIONS 11.93 HOSE REPLACEMENT 271557 10042 1225.623012/31/2017 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 11.93 195775 1/12/2018 102007 ESRI, INC. 1,130.00 ARCGIS TRAINING -2017 BUDGET 271573 93391619 6511.647612/31/2017 Conferences/Meetings/Training Training/Conferences/Schools 1,130.00 195776 1/12/2018 100451 FASTENAL COMPANY 594.80 PICNIC TABLE REPAIR 271559 MNTC1209610 3103.622012/31/2017 Operating Supplies - General Site Amenity Maintenance 27.64 SMALL TOOLS 271560 MNTC1209567 3103.624012/31/2017 Small Tools Site Amenity Maintenance 622.44 195777 1/12/2018 111488 FASTFRAME 315.96 RETIREE PLAQUE 271561 29945 1101.621012/31/2017 Office Supplies General/Admn-Police 315.96 195778 1/12/2018 122976 FIRE SAFETY USA INC. 1,469.99 GEAR BAGS-INSTRUCTORS 271562 106513 1223.632012/31/2017 Instructors Training Fire & EMS 25.00 COVER FOR PLUG IN 271563 106514 1224.623112/31/2017 Mobile Equipment Repair Parts Engineer 440.00 HELMET FRONTS NEW CAPTAINS 271564 106881 1225.622412/31/2017 Clothing/Personal Equipment Fire / EMS Equipment 99.00 REPLACEMENT BULBS 271565 106516 1224.623112/31/2017 Mobile Equipment Repair Parts Engineer 2,033.99 195779 1/12/2018 150816 FOX RIDGE PRINTING 48.00 271566 17911 3081.635712/31/2017 Advertising/Publication Arts & Humanities Council 120.00 271567 17901 3081.635712/31/2017 Advertising/Publication Arts & Humanities Council 168.00 195780 1/12/2018 100071 G & K SERVICES 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195780 1/12/2018 100071 G & K SERVICES Continued... 50.83 PD RUGS 271568 6182834152 3316.656912/31/2017 Maintenance Contracts Police 63.81 CH RUGS 271569 6182834151 3315.656912/31/2017 Maintenance Contracts City Hall 58.70 MAINTENANCE RUGS 271570 6182834148 3314.656912/31/2017 Maintenance Contracts Central Maintenance 26.91 ECC RUGS 271571 6182845393 6827.656912/31/2017 Maintenance Contracts Building Maintenance 22.99 FD RUGS 271572 6182845395 3313.656912/31/2017 Maintenance Contracts Fire Buildings 48.02 RUGS 271574 6182834149 6146.653512/31/2017 Other Contractual Services North Plant Building 271.26 195781 1/12/2018 138316 GALLAGHER BENEFIT SERVICES INC. 12,000.00 1-1-2017 OPEB ACTUARIAL VALU 271587 134565 0501.631512/31/2017 Financial-Non-Audit General & Admn-Finance 12,000.00 195782 1/12/2018 147955 GALLS LLC 18.50 PATROL EQUIPMENT 271575 008884331 1104.622412/31/2017 Clothing/Personal Equipment Patrolling/Traffic 363.96 PATROL CLOTHING 271576 008903862 1104.622412/31/2017 Clothing/Personal Equipment Patrolling/Traffic 32.00 PATROL CLOTHING 271577 008884464 1104.622412/31/2017 Clothing/Personal Equipment Patrolling/Traffic 414.46 195783 1/12/2018 100529 GASTFIELD MAINTENANCE PLUS, BOB 781.16 FD CUSTODIAL-DEC 2017 271588 123117 3313.653712/31/2017 Janitorial Service Fire Buildings 781.16 195784 1/12/2018 141861 GEARGRID CORPORATION 4,260.00 GERAGRID SCBA LOCKERS 271732 SO20788 1227.65351/11/2018 Other Contractual Services SCBA 5,450.00 GEARGRID LOCKERS FOR SHIFTS 271733 SO20732 1221.65351/11/2018 Other Contractual Services Administration-Fire 9,710.00 195785 1/12/2018 102980 GILBERT MECHANICAL CONTRACTORS, INC. 577.50 HVAC REPAIR 271578 162809 3313.653512/31/2017 Other Contractual Services Fire Buildings 577.50 195786 1/12/2018 101685 GLOCK, INC. 638.00 ARMOR PARTS 271579 SI-0286026 1104.622812/31/2017 Ammunition Patrolling/Traffic 638.00 195787 1/12/2018 141680 GOODHUE COUNTY CLERK OF COURT 300.00 NDRI ALBERT PRUDENCE DIBY 271734 220858 9001.22601/11/2018 Bail Deposits General Fund 300.00 195788 1/12/2018 101127 GOODPOINTE TECHNOLOGY CORPORATION 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195788 1/12/2018 101127 GOODPOINTE TECHNOLOGY CORPORATION Continued... 5,970.00 2018 CMF SOFTWARE MAINTENANCE 271741 3758-2018 0301.65691/11/2018 Maintenance Contracts IT-Gen & Admn 5,970.00 195789 1/12/2018 101884 GRAFIX SHOPPE 1,662.00 CITY LOGO UPDATE 271580 118336 1224.623112/31/2017 Mobile Equipment Repair Parts Engineer 20.00 HELMET NAMES 271581 118429 1225.622412/31/2017 Clothing/Personal Equipment Fire / EMS Equipment 1,682.00 195790 1/12/2018 100085 HARDWARE HANK 11.16 NUTS, BOLTS 271582 1733889 3129.622012/31/2017 Operating Supplies - General Shop Mtn/General Repairs 38.94 BLDG SUPPLY 271583 1731421 3106.622312/31/2017 Building/Cleaning Supplies Structure Care & Maintenance 509.95 SMALL EQUIP REPLACEMENT 271584 1735232 3129.667012/31/2017 Other Equipment Shop Mtn/General Repairs 1,187.80 SMALL EQUIP REPLACEMENT 271585 1735243 3129.667012/31/2017 Other Equipment Shop Mtn/General Repairs 5.95 CHAINSAW PARTS 271586 1733873 2272.622012/31/2017 Operating Supplies - General Tree Trimming 1,753.80 195791 1/12/2018 100064 HAWKINS WATER TRTMNT GROUP INC 4,638.90 NTP CHEM NAMN04 271589 4204489 6147.624412/31/2017 Chemicals & Chemical Products North Plant Production 4,638.90 195792 1/12/2018 100267 HAYES ELECTRIC 408.00 MOTOR DIS CONNECT HOLLAND STOR 271590 4250 6439.643212/31/2017 Utility System Repair-Labor Lift Station Maintenanc/Repair 408.00 195793 1/12/2018 151050 HEALTH STRATEGIES 146.00 FIRE DEPT MEDICAL EXAMS 271735 4937 LF 1221.63181/11/2018 Medical Services - Physical Ex Administration-Fire 146.00 195794 1/12/2018 151175 HELLO! BOOKING INC. 2,375.00 STAGE DOWN PAYMENT 271736 081118 3079.63201/11/2018 Instructors Special Events 3,400.00 JESSE LARSON DOWNPAYMENT 271736 081118 3079.63201/11/2018 Instructors Special Events 5,775.00 195795 1/12/2018 113918 HILLYARD 840.97 VACUUMS 271591 602826665 6827.664012/31/2017 Machinery/Equipment Building Maintenance 840.97 195796 1/12/2018 101708 HONSA LIGHTING SALES & SVC. INC. 629.00 LIGHT BULB REPLACEMENT 271592 82585 6603.623312/31/2017 Building Repair Supplies Building Repair & Maint. 629.00 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195796 1/12/2018 101708 HONSA LIGHTING SALES & SVC. INC.Continued... 195797 1/12/2018 100744 HORTON, D.R. 9,123.59 BUILDING PERMIT 271742 120817 0801.40851/11/2018 Building General & Admn-Protective Insp 99.00 BUILDING PERMIT 271742 120817 0801.40871/11/2018 Plumbing General & Admn-Protective Insp 99.00 BUILDING PERMIT 271742 120817 0801.40881/11/2018 Mechanical (Heating/Ventilatio General & Admn-Protective Insp 2.00 BUILDING PERMIT 271742 120817 9001.21951/11/2018 Due to State - Permit Surcharg General Fund 9,323.59 195798 1/12/2018 148985 HP INC. 238.00 AP AND JF DOCKING STATION 271711 59471214 3001.666012/31/2017 Office Furnishings & Equipment General/Admn-Recreation 588.00 MIKE SIPPER CPU 271712 59496017 6801.666012/31/2017 Office Furnishings & Equipment General & Administrative 1,976.00 AP AND JF CPU 271713 59493526 3001.666012/31/2017 Office Furnishings & Equipment General/Admn-Recreation 1,250.00 COMPUTER REPLACEMENT 271714 59482719 6101.667012/31/2017 Other Equipment Water -Administration 590.21 COMPUTER REPLACEMENT 271715 59482728 6101.667012/31/2017 Other Equipment Water -Administration 92.00 LAPTOP DOCKING STATION, ANGELA 271716 59498637 1105.666012/31/2017 Office Furnishings & Equipment Investigation/Crime Prevention 4,734.21 195799 1/12/2018 144655 HUMERATECH 1,000.00 MOVING HVAC SYSTEM TO VM 271593 171369 0301.653512/31/2017 Other Contractual Services IT-Gen & Admn 2,124.00 MOVING HVAC SYSTEM TO VM 271593 171369 9336.653512/31/2017 Other Contractual Services Gen Facilities Renew & Replmt 3,124.00 195800 1/12/2018 102585 ICMA 1,410.85 ICMA, OSBERG DUES 2018 271743 140166 OSBERG-2018 0201.64791/11/2018 Dues and Subscriptions General & Admn-Admn 1,410.85 195801 1/12/2018 102238 IDENTISYS 473.14 PRINT CARTRIDGES 271594 369202 0301.621012/31/2017 Office Supplies IT-Gen & Admn 473.14 195802 1/12/2018 118782 INSTITUTE OF TRANSPORTATION ENGINEERS 295.00 2018 ITE DUES (PLATH)271744 2018-PLATH 2010.64791/11/2018 Dues and Subscriptions General Engineering 295.00 195803 1/12/2018 149612 INTEGRATED LOSS CONTROL INC. 686.00 SAFETY CONSULTANT JAN 2018 271745 12054 1001.64751/11/2018 Miscellaneous General/Admn-Human Resources 686.00 195804 1/12/2018 100508 J R'S APPLIANCE DISPOSAL INC 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195804 1/12/2018 100508 J R'S APPLIANCE DISPOSAL INC Continued... 234.35 ROADSIDE DISPOSAL 271595 93214 2271.625512/31/2017 Street Repair Supplies Boulevard/Ditch Mtn 234.35 195805 1/12/2018 151174 JACK & KITTY 150.00 MARKETFEST 6/20/18 DOWNPMT 271737 062018 3061.63201/11/2018 Instructors Market Fest 150.00 195806 1/12/2018 144674 JACKSON & ASSOCIATES LLC 570.00 BUILDING REPAIR 271596 7153--SV 3314.653512/31/2017 Other Contractual Services Central Maintenance 305.00 ROOF REPAIR 271597 7172-SV 3313.653512/31/2017 Other Contractual Services Fire Buildings 530.00 ROOF REPAIR 271598 7169-SV 3313.653512/31/2017 Other Contractual Services Fire Buildings 1,405.00 195807 1/12/2018 151176 JOHNSON, VICTOR 500.00 YOU OTTA KNOW DOWN PMT 8/11/18 271738 081118 3079.63201/11/2018 Instructors Special Events 500.00 195808 1/12/2018 151178 KELLER, TANYA 35.78 10244-OVRPMNT 4283 RAHN RD 271739 010218 9220.22501/11/2018 Escrow Deposits Public Utilities 35.78 195809 1/12/2018 146762 KRAFT CONTRACTING & MECHANICAL LLC 3,825.58 STP SERVICE CALLS AND EQUIPMEN 271599 10965 6154.642712/31/2017 Building Operations/Repair-Lab South Plant Building 1,473.79 P.M WORK ON STP BOILERS 271600 10976 6154.642712/31/2017 Building Operations/Repair-Lab South Plant Building 408.00 STP FL2 FAN MOTOR 271601 11050 6154.642712/31/2017 Building Operations/Repair-Lab South Plant Building 5,707.37 195810 1/12/2018 127557 LAKEVILLE TROPHY CO 640.00 YEARS OF SERVICE AWARDS 271602 22650 1221.647512/31/2017 Miscellaneous Administration-Fire 640.00 195811 1/12/2018 100662 LAW ENFORCEMENT LABOR 3,072.71 JANUARY 2018 UNION DUES 271837 OFFICERS/SRGS 1/6/18 9592.20261/12/2018 Ded Pay - Pol Off Unio Benefit Accrual 3,072.71 195812 1/12/2018 151170 LEBENS, TED 32.61 10402-OVRPMNT 4341 STIFFUP ST 271740 122717 9220.22501/11/2018 Escrow Deposits Public Utilities 32.61 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195813 1/12/2018 151162 LIBERTY ART WORKS Continued... 1,380.00 2017 FF AWARDS/AXES 271746 3203 1221.64751/11/2018 Miscellaneous Administration-Fire 1,380.00 195814 1/12/2018 147898 LITIN 745.25 CONCESSION RESALE 271603 489282 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 745.25 195815 1/12/2018 100111 LOGIS 54,733.00 LOGIS APPLICATION MAINTENANCE 271604 44491 0301.635012/31/2017 LOGIS IT Services IT-Gen & Admn 488.00 ACCESS EAGAN NETWORK SERVICES 271604 44491 4005.635012/31/2017 LOGIS IT Services AccessEagan 373.75 NETWORK SERVICES SUPPORT 271605 44550 0301.635012/31/2017 LOGIS IT Services IT-Gen & Admn 1,976.00 ADOBE SOFTWARE LICENSES 271606 44585 0301.627012/31/2017 Computer Software IT-Gen & Admn 402.76 LOGIS APPLICATION MAINTENANCE 271606 44585 0301.635012/31/2017 LOGIS IT Services IT-Gen & Admn 57,973.51 195816 1/12/2018 100115 M A M A 45.00 MAMA, DUES MILLER-2018 271749 2705 0201.64791/11/2018 Dues and Subscriptions General & Admn-Admn 45.00 MAMA DUES - OSBERG-2018 271750 2715 0201.64791/11/2018 Dues and Subscriptions General & Admn-Admn 90.00 195817 1/12/2018 141756 MARCO 185.34 COPIER STAPLES 271747 INV4876992 0301.62101/11/2018 Office Supplies IT-Gen & Admn 185.34 195818 1/12/2018 100118 MARKS TOWING 80.34 SQUAD TOW CHARGE 271607 476015 1104.653812/31/2017 Towing Charges Patrolling/Traffic 80.34 195819 1/12/2018 151169 MCGREGOR, WILL 51.74 10402-OVRPMNT 4740 BURR OAK ST 271748 122717 9220.22501/11/2018 Escrow Deposits Public Utilities 51.74 195820 1/12/2018 138889 METRO CHIEF FIRE OFFICERS ASSOCIATION 100.00 METRO FIRE CHIEF-2018 271751 2018 1221.64771/11/2018 Local Meeting Expenses Administration-Fire 100.00 195821 1/12/2018 101966 METRO CITIES 13,951.00 2018 MEMBERSHIP DUES 271752 2018 0201.64791/11/2018 Dues and Subscriptions General & Admn-Admn 13,951.00 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195822 1/12/2018 100125 METRO COUNCIL ENVIRONMTL SERV-SAC Continued... 5,442.15-DECEMBER 2017 271608 120117 0801.424612/31/2017 Administrative Fee on SAC Coll General & Admn-Protective Insp 544,215.00 DECEMBER 2017 271608 120117 9220.227512/31/2017 MCES Sewer Availability Charge Public Utilities 538,772.85 195823 1/12/2018 100034 MIDWEST COCA COLA 462.78 CONCESSION RESALE 271609 3607203005 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 462.78 195824 1/12/2018 151181 MIDWEST FISH & WILDLIFE CONFERENCE 295.00 J. KOEHLE 1/28/18 271753 012818-KOEHLE 6511.64761/11/2018 Conferences/Meetings/Training Training/Conferences/Schools 295.00 195825 1/12/2018 100133 MIKES SHOE REPAIR 126.00 MISC GEAR REPAIR 271610 12202017 1225.622412/31/2017 Clothing/Personal Equipment Fire / EMS Equipment 126.00 195826 1/12/2018 102753 MINNCOR INDUSTRIES 40.00 S LARSEN BC 271611 SOI-065888 3001.621012/31/2017 Office Supplies General/Admn-Recreation 40.00 M SONNEBORN BC 271611 SOI-065888 3001.621012/31/2017 Office Supplies General/Admn-Recreation 40.00 L MATHEW BC 271611 SOI-065888 3001.621012/31/2017 Office Supplies General/Admn-Recreation 45.00 A NELSON BC 271611 SOI-065888 2010.622012/31/2017 Operating Supplies - General General Engineering 45.00 J WILSKE BC 271611 SOI-065888 0301.621012/31/2017 Office Supplies IT-Gen & Admn 45.00 D COOK BC 271611 SOI-065888 0301.621012/31/2017 Office Supplies IT-Gen & Admn 45.00 M RIDLEY BC 271611 SOI-065888 0720.621012/31/2017 Office Supplies General Admin-Planning & Zonin 160.00 BUSINESS CARDS NEW CAPTAINS 271612 SOI-065863 1221.621012/31/2017 Office Supplies Administration-Fire 460.00 195827 1/12/2018 138393 MINNESOTA DEED 2,625.00 MIF LOAN - CORVIDA - JAN18 271754 010118 9118.65081/11/2018 MIF Repayment to State MIF Revolving Loan 2,625.00 195828 1/12/2018 151180 MINNESOTA HEALTH INSURANCE NETWORK 150.00 ACTIVITY REFUND 271755 598314 3001.22501/11/2018 Escrow Deposits General/Admn-Recreation 150.00 195829 1/12/2018 145397 MN CENTER FOR FISCAL EXCELLENCE 175.00 2018 MEMBERSHIP DUES 271756 2018 0501.64791/11/2018 Dues and Subscriptions General & Admn-Finance 175.00 195830 1/12/2018 100593 MN CHIEFS OF POLICE ASSN 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195830 1/12/2018 100593 MN CHIEFS OF POLICE ASSN Continued... 143.00 MN CHIEF'S DUES-PIKE 2018 271757 7185-PIKE 1101.64791/11/2018 Dues and Subscriptions General/Admn-Police 143.00 195831 1/12/2018 100664 MN CHILD SUPPORT 586.52 PAYROLL ENDING 1/6/18 271838 GARNISHMENT 1/6/18 9592.20301/12/2018 Ded Pay - Garnishments Benefit Accrual 319.79 PAYROLL ENDING 1/6/18 271839 GARNISHMENT 1/6/18-1 9592.20301/12/2018 Ded Pay - Garnishments Benefit Accrual 230.73 PAYROLL ENDING 1/6/18 271840 GARNISHMENT 1/6/18-2 9592.20301/12/2018 Ded Pay - Garnishments Benefit Accrual 1,137.04 195832 1/12/2018 100682 MN DEPT OF HEALTH 95.00 MN DEPT HEALTH -HOLZ FARM 271758 FBL-15201-5320- 2018 3027.64801/11/2018 Licenses, Permits and Taxes Holz Farm 95.00 195833 1/12/2018 102019 MN DEPT OF LABOR & INDUSTRY 1,127.00 2ND HALF 2017 SP COMP FD 271614 00000453144 9593.638512/31/2017 Insurance Workers' Compensation Self-In 1,127.00 195834 1/12/2018 102147 MN DNR ECO- WATERS 217.43 C PARK IRR DNR FEE 271759 2004-3204-2018 3117.64801/11/2018 Licenses, Permits and Taxes Irrigation System Mtn/Install 217.43 195835 1/12/2018 100306 MN POLLUTION CONTROL AGENCY 390.00 TRAINING-BAILEY 3/19/18 271766 031918-BAILEY 6201.64801/11/2018 Licenses, Permits and Taxes San Sewer-Administration 390.00 195836 1/12/2018 107051 MN STATE FIRE CHIEFS ASSOC 325.00 STATE CHIEFS CONFERENCE 271615 200002238 1223.647612/31/2017 Conferences/Meetings/Training Training Fire & EMS 325.00 195837 1/12/2018 100663 MN TEAMSTERS 320 1,315.25 JANUARY 2018 UNION DUES 271841 CLERICAL 1/6/18 9592.20291/12/2018 Ded Pay - Clerical Union Dues Benefit Accrual 2,707.10 JANUARY 2018 UNION DUES 271842 PUB WKS MAINT 1/6/18 9592.20271/12/2018 Ded Pay - Pub Wks Union Dues Benefit Accrual 4,022.35 195838 1/12/2018 145327 MNSPECT LLC 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195838 1/12/2018 145327 MNSPECT LLC Continued... 12,921.88 11/27/17-12/8/17 271616 7216 0805.631012/31/2017 Professional Services-General Construction Insp-Field 12,921.88 195839 1/12/2018 100142 MOTOROLA INC 23,747.50 PORTABLE RADIOS FOR NEW HIRES 271617 13196346 3511.667012/31/2017 Other Equipment Equip Rev Fd-Dept 11 23,747.50 195840 1/12/2018 100146 MTI DISTR CO 253.55 C PARK FOUNTAIN REPAIR 271618 1150177-00 3103.622012/31/2017 Operating Supplies - General Site Amenity Maintenance 253.55 195841 1/12/2018 128624 MULLER, ROBERT 8.00 LOCAL MTG- PARKING FEE 271767 010518 3170.64771/11/2018 Local Meeting Expenses General AdmIn-Parks 8.00 195842 1/12/2018 100714 MULTIHOUSING CREDIT CONTROL 156.00 BACKGROUND CREDIT REPORTS 271613 17120039 1101.631012/31/2017 Professional Services-General General/Admn-Police 156.00 195843 1/12/2018 104390 NARDINI FIRE EQUIPMENT 234.00 FIRE INSPECTION 271619 IN00063671 3313.656912/31/2017 Maintenance Contracts Fire Buildings 234.00 195844 1/12/2018 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 1/6/18 271843 010618 9592.20371/12/2018 Ded Payable-Teamsters DRIVE Benefit Accrual 2.00 195845 1/12/2018 139057 NORTH AMERICAN CLEANING CORP 406.00 BLDG CLEANING CONTRACT 12/17 271621 115591 3106.653712/31/2017 Janitorial Service Structure Care & Maintenance 406.00 BLDG CLEANING CONTRACT 11/17 271622 115597 3106.653712/31/2017 Janitorial Service Structure Care & Maintenance 812.00 195846 1/12/2018 102547 NORTHERN SAFETY TECHNOLOGY 109.39 REPLACED BROKEN FLASHLIGHT 271620 45014 1225.623412/31/2017 Field/Other Equipment Repair Fire / EMS Equipment 109.39 195847 1/12/2018 115450 NORTHFIELD LINES, INC. 683.10 NORTHFIELD BUS LINES- SENIOR 271623 94444 3078.655012/31/2017 Transportation Services Senior Citizens 683.10 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195848 1/12/2018 103129 NORTHWESTERN UNIVERSITY Continued... 4,100.00 NW STAFF AND COMMAND 271624 9059 1101.647612/31/2017 Conferences/Meetings/Training General/Admn-Police 4,100.00 195849 1/12/2018 122435 OFFICE DEPOT (R) 27.98 FORKS 271625 987531541001 9695.621012/31/2017 Office Supplies Dakota Co Drug Task Force 25.62 CUPS 271626 987533395001 9695.621012/31/2017 Office Supplies Dakota Co Drug Task Force 371.48 CARTRIGES, TOWELS, PAPER, COFF 271627 985268856001 9695.621012/31/2017 Office Supplies Dakota Co Drug Task Force 60.62 POST-IT, TEA, PENS, PLATES, ET 271628 990384989001 9695.621012/31/2017 Office Supplies Dakota Co Drug Task Force 485.70 195850 1/12/2018 108599 OFFICE DEPOT, INC. 13.98 OFFICE SUPPLIES 271629 989878869001 0501.621012/31/2017 Office Supplies General & Admn-Finance 12.50 OFFICE SUPPLIES 271629 989878869001 3001.621012/31/2017 Office Supplies General/Admn-Recreation 72.70 OFFICE SUPPLIES 271629 989878869001 1001.621012/31/2017 Office Supplies General/Admn-Human Resources 2.03 OFFICE SUPPLIES 271630 991566034001 0201.621012/31/2017 Office Supplies General & Admn-Admn 2.04 OFFICE SUPPLIES 271630 991566034001 0501.621012/31/2017 Office Supplies General & Admn-Finance 2.03 OFFICE SUPPLIES 271630 991566034001 3001.621012/31/2017 Office Supplies General/Admn-Recreation 53.42 OFFICE SUPPLIES 271631 991565916001 0201.621012/31/2017 Office Supplies General & Admn-Admn 227.30 OFFICE SUPPLIES 271631 991565916001 0501.621012/31/2017 Office Supplies General & Admn-Finance 50.92 OFFICE SUPPLIES 271631 991565916001 3001.621012/31/2017 Office Supplies General/Admn-Recreation 7.88 OFFICE SUPPLIES 271631 991565916001 0820.621012/31/2017 Office Supplies General/Admn-Housing 7.88 OFFICE SUPPLIES 271631 991565916001 2010.622012/31/2017 Operating Supplies - General General Engineering 7.90 OFFICE SUPPLIES 271631 991565916001 0720.621012/31/2017 Office Supplies General Admin-Planning & Zonin 388.58 OFFICE SUPPLIES 271632 991507748001 1107.621012/31/2017 Office Supplies Support Services 217.30 OFFICE SUPPLIES 271633 991507403001 1107.621012/31/2017 Office Supplies Support Services 75.06 OFFICE SUPPLIES 271634 988792987001 1107.621012/31/2017 Office Supplies Support Services 5.19 OFFICE SUPPLIES 271635 988793047001 1107.621012/31/2017 Office Supplies Support Services 41.78 MISC OFFICE SUPPLIES 271636 989914181001 1221.621012/31/2017 Office Supplies Administration-Fire 103.74 MISC OFFICE SUPPLIES 271637 991157337001 1221.621012/31/2017 Office Supplies Administration-Fire 1,292.23 195851 1/12/2018 145845 O'LAUGHLIN, JOHN (R) 450.00 DEC 2017 CLEANING 271638 123117 9695.623312/31/2017 Building Repair Supplies Dakota Co Drug Task Force 450.00 195852 1/12/2018 144186 ONE SOURCE 11.00 ONESOURCE BACKGROUND CHECK 271639 29681710 1001.635812/31/2017 Employment Advertising General/Admn-Human Resources 11.00 195853 1/12/2018 144492 OSBERG, DAVE 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195853 1/12/2018 144492 OSBERG, DAVE Continued... 53.50 MILEAGE 11/1/17-11/29/17 271647 112917 0201.635312/31/2017 Personal Auto/Parking General & Admn-Admn 53.50 195854 1/12/2018 151171 OVERLAND, LIZ 42.92 10402-OVRPMNT 4242 LODGEPOLE D 271760 122717 9220.22501/11/2018 Escrow Deposits Public Utilities 42.92 195855 1/12/2018 151164 PARKWAY ESTATES 811.32 17-BV-7785 DAMAGED DOOR REPAIR 271648 121317 9695.658912/31/2017 Forfeiture Expenditures Dakota Co Drug Task Force 811.32 195856 1/12/2018 115253 PELLICCI ACE HARDWARE 73.95 CLEANING SUPPLIES 271640 16670/E 6603.622312/31/2017 Building/Cleaning Supplies Building Repair & Maint. 25.98-BUILDING CLEANING SUPPLIES 271641 16672/E 6603.622312/31/2017 Building/Cleaning Supplies Building Repair & Maint. 47.97 195857 1/12/2018 146295 PLAISTED COMPANIES INC 1,247.58 ATHLETIC FIELD SUPPLY 271642 12559 3118.625312/31/2017 Turf Maintenance & Landscape S Athletic Field Mtn/Setup 1,247.58 195858 1/12/2018 147888 POLICE SERVICE DOGS INC 113.00 K9 EQUIPMENT 271643 20171114 1104.622012/31/2017 Operating Supplies - General Patrolling/Traffic 113.00 195859 1/12/2018 143092 PREMIER LATINO EVENTS LLC 500.00 MARKETFEST 6/27/18 271761 062718 9220.22501/11/2018 Escrow Deposits Public Utilities 500.00 MARKEFEST 7/25/18 271762 072518 3061.63201/11/2018 Instructors Market Fest 1,000.00 195860 1/12/2018 146842 PREMIER LIGHTING INC. 425.80 LIGHTING REPLACEMENT 271644 43072 6603.623312/31/2017 Building Repair Supplies Building Repair & Maint. 425.80 195861 1/12/2018 100361 R & R SPECIALTIES INC 117.50 BLADES SHARPENED 271645 0064054-IN 6602.623012/31/2017 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 117.50 195862 1/12/2018 139877 RAINMAKER PAINT CONTRACTING LLC 4,000.00 WQ STORAGE PAINTING--2017 BUDG 271649 171230 6501.653512/31/2017 Other Contractual Services G/A - Water Quality 4,000.00 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195862 1/12/2018 139877 RAINMAKER PAINT CONTRACTING LLC Continued... 195863 1/12/2018 143557 RANDSTAD (R) 1,212.26 EVID TECH 12/10-12/16/17 271650 R22262668 9695.656112/31/2017 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,106.85 EVID TECH 12/17-12/23/17 271651 R22298336 9695.656112/31/2017 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 913.59 EVID TECH 12/24-12/30/17 271652 R22329710 9695.656112/31/2017 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 3,232.70 195864 1/12/2018 100169 RATWIK ROSZAK ETAL 872.41 LEGAL SERVICES/FEES 271646 61481 0603.631112/31/2017 Legal Outside Legal Counsel 872.41 195865 1/12/2018 110070 RDO EQUIPMENT CO. 434.98 ROPE FOR CHIPPER 271653 P28653 3222.622012/31/2017 Operating Supplies - General Equipment Mtn 389.00 CHIPPER WENCH ROPE 271654 P29082 3222.622012/31/2017 Operating Supplies - General Equipment Mtn 194.50-CREDIT ON ROPE 271655 P30918 3222.622012/31/2017 Operating Supplies - General Equipment Mtn 629.48 195866 1/12/2018 141789 RED WING SHOE STORE 271.73 CLTHG ALLWCE- BRIAN THOM 271656 21890 2401.211512/31/2017 Clothing Allowance Gen/Adm-Central Services 271.73 195867 1/12/2018 101728 ROBOHM, RICHARD D. 44.98 CLTHING ALLOW, RICK R, JACKET 271768 010318 2201.21151/11/2018 Clothing Allowance Gen/Adm-Streets 44.98 195868 1/12/2018 151182 ROTTY, KEVIN J 2,000.00 JINGLE PRODUCTION 271665 5007 6716.635712/31/2017 Advertising/Publication General Administration 2,000.00 195869 1/12/2018 139237 SAFARILAND LLC (R) 18.86 NIK TESTS G AND L 271657 1010-091054 9695.622012/31/2017 Operating Supplies - General Dakota Co Drug Task Force 18.86 195870 1/12/2018 100683 SAMS CLUB GECF 466.80 DANISH/ROLLS/COFFEE/COOKIES 271810 000246-111917 6831.685512/31/2017 Merchandise for Resale Food and Beverage 238.04 POP/JUICE/WATER 271811 006138-111917 6831.685512/31/2017 Merchandise for Resale Food and Beverage 14.24 8X10 PHOTS 271812 002771-112217 1221.621012/31/2017 Office Supplies Administration-Fire 19.98 BREAKFAST TRAY 271813 007898-112217 1104.647712/31/2017 Local Meeting Expenses Patrolling/Traffic 29.91 COFFEE/SPOONS/GLOVES 271814 007922-112217 6805.622012/31/2017 Operating Supplies - General Birthday Parties 10.78 COFFEE/SPOONS/GLOVES 271814 007922-112217 6806.622012/31/2017 Operating Supplies - General Concessions 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 22Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195870 1/12/2018 100683 SAMS CLUB GECF Continued... 109.52 COFFEE/SPOONS/GLOVES 271814 007922-112217 6831.685512/31/2017 Merchandise for Resale Food and Beverage 39.96 FRENCH FRIES 271815 002785-112517 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 36.42 POP/CREAMER/CHEESE TRAY 271816 001564-112717 1221.622012/31/2017 Operating Supplies - General Administration-Fire 897.69 TV MOUNT/SMART TV 271817 002091-112817 1223.621512/31/2017 Reference Materials Training Fire & EMS 23.96 CHIPS/COFFEE/CREAMER 271818 001858-112917 6807.622012/31/2017 Operating Supplies - General Fitness Center 52.70 CHIPS/COFFEE/CREAMER 271818 001858-112917 6831.685512/31/2017 Merchandise for Resale Food and Beverage 110.92 TOWELS/271819 007569 6146.621012/31/2017 Office Supplies North Plant Building 119.46 TAILGATE TABLES-6 271820 009184-113017 3059.622012/31/2017 Operating Supplies - General Summer in the Park 31.96 CAKES 271821 004058-120117 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 53.48 POP 271822 002226-120217 6629.685512/31/2017 Merchandise for Resale Vending 11.98 DANISH/ROLLS/COOKIES 271823 002898-120417 6807.622012/31/2017 Operating Supplies - General Fitness Center 15.78 DANISH/ROLLS/COOKIES 271823 002898-120417 6806.622012/31/2017 Operating Supplies - General Concessions 159.36 DANISH/ROLLS/COOKIES 271823 002898-120417 6831.685512/31/2017 Merchandise for Resale Food and Beverage 299.88 FOLDING TABLES-6 271824 000000-120517 3079.622712/31/2017 Recreation Equipment/Supplies Special Events 321.25-REFUND 271825 000671-120617 3079.622712/31/2017 Recreation Equipment/Supplies Special Events 11.76 WATER/GLUE STICKS/WIPES 271826 003222-120617 3086.622712/31/2017 Recreation Equipment/Supplies New Programs 24.54 WATER/GLUE STICKS/WIPES 271826 003222-120617 3057.622012/31/2017 Operating Supplies - General Preschool Programs 26.34 SNACK MIX/WATER 271827 003146-120717 1104.622012/31/2017 Operating Supplies - General Patrolling/Traffic 95.78 DRINKING LAB SUPPLIES 271828 007903-120717 1104.622012/31/2017 Operating Supplies - General Patrolling/Traffic 196.85 CANDY 271829 003671-120817 6629.685512/31/2017 Merchandise for Resale Vending 15.98 CAKE 271830 002579-120917 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 70.82 FRUIT/FORKS/SPOONS/COOKIES 271831 004347-121217 3086.622712/31/2017 Recreation Equipment/Supplies New Programs 16.99 FRITO LAY/WATER 271832 004642-121417 0101.647712/31/2017 Local Meeting Expenses Legislative/Policy Development 83.20 CHIPS/ROLLS/COFFEE 271833 001140-121517 6831.685512/31/2017 Merchandise for Resale Food and Beverage 15.98 CAKE 271834 006462-121517 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 106.62 POINSETTA PLANTER/COOKIES 271835 001670-121817 1101.621012/31/2017 Office Supplies General/Admn-Police 10.78 COFFEE/CREAMER/BATTERIES 271836 005343-121817 6806.685512/31/2017 Merchandise for Resale Concessions 108.88 COFFEE/CREAMER/BATTERIES 271836 005343-121817 6801.622012/31/2017 Operating Supplies - General General & Administrative 83.20 COFFEE/CREAMER/BATTERIES 271836 005343-121817 6831.685512/31/2017 Merchandise for Resale Food and Beverage 3,289.29 195871 1/12/2018 151179 SARGENT, JUDY 74.26 10422-OVRPMNT 1688 DONEGAL CT 271763 010218 9220.22501/11/2018 Escrow Deposits Public Utilities 74.26 195872 1/12/2018 102772 SECURITY CONTROL SYSTEMS, INC. 98.75 FIX SECURITY CAMERA 271764 39586 6602.65351/11/2018 Other Contractual Services Equipment Repair & Maint. 98.75 195873 1/12/2018 100187 SEH 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 23Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195873 1/12/2018 100187 SEH Continued... 26,740.78 PROJECT RESPRESENTATIVE SERVIC 271658 343621 8225.671312/31/2017 Project - Outside Engineering P1225 Northwest Park Way Exten 141.21 SPERRY TOWER PROJECT 271659 343569 6007.631012/31/2017 Professional Services-General Sperry Antenna Location 2,037.91 2018 TRAFFIC PROJS 271660 343407 9375.631012/31/2017 Professional Services-General Major Street 28,919.90 195874 1/12/2018 140064 SENTRY SYSTEMS INC. 63.50 JAN 2018 ALARM MONITORING 271769 9969476 9695.65401/11/2018 Alarm Monitoring Srv (DCDTF)Dakota Co Drug Task Force 63.50 195875 1/12/2018 149647 SHETLER SI INC 97.88 SECURITY OFFICER 271661 1016317 6847.653512/31/2017 Other Contractual Services Security 97.88 195876 1/12/2018 142451 SOS OFFICE FURNITURE 2,586.00 SOS FURNITURE TABLE SUPPLIES 271662 14296 3063.622712/31/2017 Recreation Equipment/Supplies Seasonal Special Events 2,586.00 195877 1/12/2018 102392 SPARTAN PROMOTIONAL GROUP, INC. 148.00 SPARTAN PROMO BANNER - MARKET 271663 563131 3061.622712/31/2017 Recreation Equipment/Supplies Market Fest 115.00 SPARTAN PROMO BANNER - MARKET 271664 563132 3061.622712/31/2017 Recreation Equipment/Supplies Market Fest 230.00 SPARTAN PROMO EVENT AFRAME INS 271666 563135 3079.635712/31/2017 Advertising/Publication Special Events 109.72 SPARTAN PROMO EVENT AFRAME INS 271667 563136 0901.649612/31/2017 Historical Society Gen & Admin-Communications 877.78 SPARTAN PROMO EVENT AFRAME INS 271667 563136 3079.635712/31/2017 Advertising/Publication Special Events 293.00 SPARTAN PROMO EVENT SIGNS 271668 563137 3079.622712/31/2017 Recreation Equipment/Supplies Special Events 1,000.00 SPARTAN PROMOTIONAL TENT 271669 563130 3027.635712/31/2017 Advertising/Publication Holz Farm 2,000.00 SPARTAN PROMOTIONAL TENT 271669 563130 3079.622012/31/2017 Operating Supplies - General Special Events 143.00 SPARTAN PROMOTIONAL TENT 271669 563130 3027.622712/31/2017 Recreation Equipment/Supplies Holz Farm 387.46 SPARTAN PROMO A FRAMES 271670 563133 0901.649612/31/2017 Historical Society Gen & Admin-Communications 1,291.54 SPARTAN PROMO A FRAMES 271670 563133 3079.622712/31/2017 Recreation Equipment/Supplies Special Events 1,358.00 SPARTAN PROMO EVENT AFRAME INS 271671 563134 3079.635712/31/2017 Advertising/Publication Special Events 7,953.50 195878 1/12/2018 148036 SPOK INC. 4.58 PAGER 271765 B0318109M 3301.63511/11/2018 Pager Service Fees General Management 4.58 195879 1/12/2018 121089 STEININGER INC., MAX 120.00 CONCRT. DISPOSAL 271672 24 2220.625512/31/2017 Street Repair Supplies Bituminous Surface Maint 120.00 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 24Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195880 1/12/2018 121824 STEVENSON, CHERYL Continued... 14.79 MILEAGE 11/6/17-12/19/17 271676 121917 0201.635312/31/2017 Personal Auto/Parking General & Admn-Admn 14.79 195881 1/12/2018 102302 SUSA-SUBURBAN UTILITY SUPT ASSN 125.00 SUSA MEMBERSHIP-EATON 271776 2018-EATON 6103.64791/11/2018 Dues and Subscriptions Training & Education 125.00 SUSA MEMBERSHIP-MASSMAN 271777 2018-MASSMAN 6103.64791/11/2018 Dues and Subscriptions Training & Education 125.00 SUSA MEMBERSHIP-GILBERG 271778 2018-GILBERG 6103.64791/11/2018 Dues and Subscriptions Training & Education 125.00 SUSA MEMBERSHIP-HAUTH 271779 2018-HAUTH 6103.64791/11/2018 Dues and Subscriptions Training & Education 500.00 195882 1/12/2018 151177 SWAMINATHAN, SENTHILNATHAN 59.00 MECHANICAL PERMIT 271780 147197 0801.40881/11/2018 Mechanical (Heating/Ventilatio General & Admn-Protective Insp 1.00 MECHANICAL PERMIT 271780 147197 9001.21951/11/2018 Due to State - Permit Surcharg General Fund 60.00 195883 1/12/2018 100107 THYSSENKRUPP ELEVATOR 125.00 ELEVATOR 271770 3003630586 3313.65691/11/2018 Maintenance Contracts Fire Buildings 185.00 ELEVATOR 271770 3003630586 3315.65691/11/2018 Maintenance Contracts City Hall 125.00 271770 3003630586 3316.65691/11/2018 Maintenance Contracts Police 250.00 271770 3003630586 9116.62231/11/2018 Building/Cleaning Supplies Cedar Grove Parking Garage 125.00 ELEVATOR 271771 3003631085 6827.65691/11/2018 Maintenance Contracts Building Maintenance 125.00 ELEVATOR MAINTENANCE 12/17 271781 3003630579 6603.65691/11/2018 Maintenance Contracts Building Repair & Maint. 935.00 195884 1/12/2018 147243 TITLE SMART INC. 19.66 10422-OVRPMNT 4240 DUNROVIN LN 271772 010218 9220.22501/11/2018 Escrow Deposits Public Utilities 19.66 195885 1/12/2018 142973 T-MOBILE USA (R) 867.00 16-Z-131 GPS LOCATE 271677 3002062008 9695.658912/31/2017 Forfeiture Expenditures Dakota Co Drug Task Force 867.00 195886 1/12/2018 142973 T-MOBILE USA (R) 357.00 17-SS-2977 GPS LOCATE 271678 9304980122 9695.658912/31/2017 Forfeiture Expenditures Dakota Co Drug Task Force 357.00 195887 1/12/2018 100543 TOTAL CONTROL SYSTEMS INC 1,843.17 LEVEL TRANSDUCER WELL #14 R.R 271675 8188 6156.626012/31/2017 Utility System Parts/Supplies South Well Field 1,843.17 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 25Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195888 1/12/2018 150986 TRISTATE VALVES AND CONTROLS INC.Continued... 603.07 PRESSURE TRANS FOR BRINE BLDG 271673 7000149-00 2240.623112/31/2017 Mobile Equipment Repair Parts Street Plowing/Sanding 603.07 195889 1/12/2018 100391 U S BANK 450.00 GO REC FAC BD 2009B 271773 4858548 9223.64921/11/2018 Paying Agent/Bond Destruction Central Park/Community Center 450.00 195890 1/12/2018 115307 ULINE (R) 128.10 RECLOSABLE BAG, HANDGUN BOX 271674 93196812 9695.622012/31/2017 Operating Supplies - General Dakota Co Drug Task Force 485.26 RECLOSABLE BAG, GLOVES 271679 93105608 9695.622012/31/2017 Operating Supplies - General Dakota Co Drug Task Force 613.36 195891 1/12/2018 122951 UNITED BUSINESS MAIL INC. 1,500.00 POSTAGE DEPOSIT 208001 271774 010918 9001.14201/11/2018 Inventory - Postage Machine General Fund 1,500.00 195892 1/12/2018 100304 UPS 7.75 SHIPPING 271691 00005613X0517-1 22317 1107.634612/31/2017 Postage Support Services 7.75 195893 1/12/2018 100236 VAN PAPER 531.49 BLDG SUPPLY 271680 448307-00 3106.622312/31/2017 Building/Cleaning Supplies Structure Care & Maintenance 347.98 BLDG CLEANING SUPPLIES 271681 448292-00 3106.622312/31/2017 Building/Cleaning Supplies Structure Care & Maintenance 879.47 195894 1/12/2018 100912 VERIZON WIRELESS, BELLEVUE 35.01 AIR CARDS 271682 9798666259 0901.635512/31/2017 Cellular Telephone Service Gen & Admin-Communications 70.02 AIR CARDS 271682 9798666259 3057.622012/31/2017 Operating Supplies - General Preschool Programs 220.01 AIR CARDS 271682 9798666259 3101.635512/31/2017 Cellular Telephone Service Playground Maintenance 1,470.46 AIR CARDS 271682 9798666259 1104.634912/31/2017 Teleprocessing Equipment Patrolling/Traffic 35.01 AIR CARDS 271682 9798666259 1105.621212/31/2017 Office Small Equipment Investigation/Crime Prevention 411.12 AIR CARDS 271682 9798666259 1221.623012/31/2017 Repair/Maintenance Supplies-Ge Administration-Fire 35.01 AIR CARDS 271682 9798666259 1221.635512/31/2017 Cellular Telephone Service Administration-Fire 35.01 AIR CARDS 271682 9798666259 2010.635512/31/2017 Cellular Telephone Service General Engineering 126.04 AIR CARDS 271682 9798666259 0801.635512/31/2017 Cellular Telephone Service General & Admn-Protective Insp 218.72 AIR CARDS 271682 9798666259 2201.635512/31/2017 Cellular Telephone Service Gen/Adm-Streets 35.01 AIR CARDS 271682 9798666259 0301.635512/31/2017 Cellular Telephone Service IT-Gen & Admn 35.01 AIR CARDS 271682 9798666259 0201.635512/31/2017 Cellular Telephone Service General & Admn-Admn 35.01 AIR CARDS 271682 9798666259 3001.635512/31/2017 Cellular Telephone Service General/Admn-Recreation 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 26Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195894 1/12/2018 100912 VERIZON WIRELESS, BELLEVUE Continued... 70.02 AIR CARDS 271682 9798666259 0720.635512/31/2017 Cellular Telephone Service General Admin-Planning & Zonin 35.01 AIR CARDS 271682 9798666259 3170.635512/31/2017 Cellular Telephone Service General AdmIn-Parks 105.03 AIR CARDS 271682 9798666259 3201.635512/31/2017 Cellular Telephone Service Administrative/General 35.01 AIR CARDS 271682 9798666259 9701.635512/31/2017 Cellular Telephone Service PEG-eligible 35.01 AIR CARDS 271682 9798666259 6234.635512/31/2017 Cellular Telephone Service Utility Locates 35.01 AIR CARDS 271682 9798666259 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 25.02 AIR CARDS 271682 9798666259 6239.635212/31/2017 Telephone Circuits Lift Station Maintenanc/Repair 35.01 AIR CARDS 271682 9798666259 6136.635512/31/2017 Cellular Telephone Service GIS - Utilities 35.01 AIR CARDS 271682 9798666259 6147.635512/31/2017 Cellular Telephone Service North Plant Production 70.02 AIR CARDS 271682 9798666259 6101.635512/31/2017 Cellular Telephone Service Water -Administration 35.01 AIR CARDS 271682 9798666259 6716.635512/31/2017 Cellular Telephone Service General Administration 35.01 AIR CARDS 271682 9798666259 6801.635512/31/2017 Cellular Telephone Service General & Administrative 3,311.61 195895 1/12/2018 100912 VERIZON WIRELESS, BELLEVUE 50.02 ROUTER-DETECTIVE UNIT 271683 9798990071 1105.635512/31/2017 Cellular Telephone Service Investigation/Crime Prevention 50.02 195896 1/12/2018 100237 VIKING ELECTRIC 471.20 LIGHT BULB REPLACEMENT 271684 S001100427.001 6603.623312/31/2017 Building Repair Supplies Building Repair & Maint. 25.66-CREDIT WRONG PRICE 271685 S001133031.003 6156.623312/31/2017 Building Repair Supplies South Well Field 21.19-CREDIT PRICE ADJUSTMENT 271686 S001133031.002 6156.623312/31/2017 Building Repair Supplies South Well Field 28.74-CREDIT WRONG PRICE 271687 S001133031.001 6156.623312/31/2017 Building Repair Supplies South Well Field 15.44-CREDIT PRICE ADJUSTMENT 271688 S000792440.002 6156.623312/31/2017 Building Repair Supplies South Well Field 380.17 195897 1/12/2018 114534 VISTAR CORPORATION 180.15 CONCESSION RESALE 271689 50550803 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 106.56 CONCESSION RESALE 271690 50548424 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 444.27 VENDING RESALE 271692 50517771 6629.685512/31/2017 Merchandise for Resale Vending 498.59 CONCESSION RESALE 271693 50517773 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 219.57 CONCESSION RESALE 271694 50596384 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 59.48 CONCESSION RESALE 271695 50596385 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 320.57 VENDING RESALE 271775 50646787 6629.68551/11/2018 Merchandise for Resale Vending 1,829.19 195898 1/12/2018 149797 VSTAR ENTERTAINMENT GROUP 160.00 CBREEZE CLEANING 271703 8023-01 6731.623012/31/2017 Repair/Maintenance Supplies-Ge Captain C. Breeze 160.00 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 27Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195899 1/12/2018 143966 WAARA, RON Continued... 15.52 MILEAGE 11/12/17-12/29/17 271704 122917 0301.635312/31/2017 Personal Auto/Parking IT-Gen & Admn 15.52 195900 1/12/2018 145888 WATER INFORMATION SHARING & ANALYSIS CEN 1,999.00 UTILITY SAFETY INFORMATION2018 271784 2018-0101 6104.64791/11/2018 Dues and Subscriptions Safety 1,999.00 195901 1/12/2018 100549 WATSON CO INC, THE 208.88 CONCESSION RESALE 271696 883780 6609.685512/31/2017 Merchandise for Resale Concession Sales/Vending 208.88 195902 1/12/2018 102255 WCRA 8,706.28 2018 INSTALLMENT #1 271782 56976 9593.63851/11/2018 Insurance Workers' Compensation Self-In 8,706.28 195903 1/12/2018 151165 WEIAND, BEN 21.87 10402-OVRPMNT 3990 CEDAR GR LN 271783 122717 9220.22501/11/2018 Escrow Deposits Public Utilities 21.87 195904 1/12/2018 141999 WERNER ELECTRIC SUPPLY 541.17 PS FLOCK MOTOR RR 271697 S009778437.001 6146.626012/31/2017 Utility System Parts/Supplies North Plant Building 541.17 195905 1/12/2018 101755 XCEL ENERGY 3,578.70 CEDAR GROVE PARKING GARAGE 271698 51-0010548879-4 -122017 9116.640512/31/2017 Electricity Cedar Grove Parking Garage 3,578.70 195906 1/12/2018 101755 XCEL ENERGY 226.57 CEDAR GROVE PKWY STREET LITES 271699 51-0010060024-7 -122017 6301.640612/31/2017 Electricity-Street Lights Street Lighting 226.57 195907 1/12/2018 101755 XCEL ENERGY 215.73 STREET LITES 271700 51-0280165-0-12 2017 6301.640612/31/2017 Electricity-Street Lights Street Lighting 215.73 195908 1/12/2018 101755 XCEL ENERGY 196.71 ELECTRIC CABINET 271701 51-0010197923-4 6301.640612/31/2017 Electricity-Street Lights Street Lighting 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 28Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195908 1/12/2018 101755 XCEL ENERGY Continued... -122017 196.71 195909 1/12/2018 101755 XCEL ENERGY 88.54 HWY 55 SAN LIFT TEMP SVC 271702 51-0011948935-2 -122217 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 88.54 195910 1/12/2018 101755 XCEL ENERGY 132.22 WELL HOUSE #22 271705 51-0011688001-1 -122017 6148.640912/31/2017 Electricity-Wells/Booster Stat North Well Field 132.22 195911 1/12/2018 101755 XCEL ENERGY 17.23 MONUMENTS LIGHTING 271706 51-0010165807-6 -122017 6301.640612/31/2017 Electricity-Street Lights Street Lighting 17.23 195912 1/12/2018 101755 XCEL ENERGY 512.82 CENTRAL PARKWAY STREET LITES 271707 51-6563390-9-12 2217 6301.640612/31/2017 Electricity-Street Lights Street Lighting 512.82 195913 1/12/2018 101755 XCEL ENERGY 950.96 BURR OAKS LIFT STATION 271708 51-0011013079-4 -122217 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 950.96 195914 1/12/2018 119221 XCEL ENERGY (R) 466.38 DEC 2017 ELECTRICITY 271710 51-4403417-1-12 2617 9695.640512/31/2017 Electricity Dakota Co Drug Task Force 466.38 195915 1/12/2018 100246 ZEP MFG CO 265.70 CLEANING SUPPLIES 271709 9003187792 6603.622312/31/2017 Building/Cleaning Supplies Building Repair & Maint. 265.70 20180101 1/12/2018 100249 FIT 125,346.74 PAYROLL ENDING 1-6-18 271851 011218 9880.20111/12/2018 Ded Payable - FIT Payroll 125,346.74 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 29Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20180101 1/12/2018 100249 FIT Continued... 20180102 1/12/2018 100250 COMMISIONER OF REVENUE-PAYROLL 32,582.32 PAYROLL ENDING 1/6/18 271852 011218 9880.20121/12/2018 Ded Payable - SIT Payroll 32,582.32 20180103 1/12/2018 100252 FICA 31,056.48 PAYROLL ENDING 1/6/18 271853 011218 9880.20141/12/2018 Ded Payable - FICA Payroll 31,056.48 20180104 1/12/2018 100253 MEDICARE 11,474.00 PAYROLL ENDING 1/6/18 271854 011218 9880.20151/12/2018 Ded Payable - Medicare Payroll 11,474.00 20180308 1/12/2018 100693 EAGAN PAYROLL ACCT 592,338.87 PAYROLL ENDING 1/6/18 271850 011118 9001.11151/12/2018 Claim on Cash General Fund 8,276.21 PAYROLL ENDING 1/6/18 271850 011118 9197.11151/12/2018 Claim on Cash ETV 60,504.06 PAYROLL ENDING 1/6/18 271850 011118 9220.11151/12/2018 Claim on Cash Public Utilities 18,160.28 PAYROLL ENDING 1/6/18 271850 011118 9221.11151/12/2018 Claim on Cash Civic Arena 2,899.54 PAYROLL ENDING 1/6/18 271850 011118 9222.11151/12/2018 Claim on Cash Cascade Bay 33,558.96 PAYROLL ENDING 1/6/18 271850 011118 9223.11151/12/2018 Claim on Cash Central Park/Community Center 3,482.64 PAYROLL ENDING 1/6/18 271850 011118 9225.11151/12/2018 Claim on Cash Fiber Infrastructure Fund 148,200.65 PAYROLL ENDING 1/6/18 271850 011118 9592.11151/12/2018 Claim on Cash Benefit Accrual 42,530.48 PAYROLL ENDING 1/6/18 271850 011118 9592.61441/12/2018 FICA Benefit Accrual 909,951.69 20182501 1/12/2018 115374 MN STATE RETIREMENT SYSTEM-HCSP 34,425.16 EMPLOYEE CONTRIBUTIONS 271844 011118 9592.20341/12/2018 Ded Payable-HCSP Benefit Accrual 34,425.16 20183201 1/12/2018 138969 MN STATE RETIREMENT SYSTEM-MNDCP 12,964.46 EMPLOYEE CONTRIBUTIONS 271845 011118 9592.20321/12/2018 Ded Pay - Great West Def Comp Benefit Accrual 12,964.46 20184201 1/12/2018 100892 ICMA RETIREMENT TRUST 38,616.46 EMPLOYEE CONTRIBUTIONS 271846 011118 9592.20311/12/2018 Ded Pay - ICMA Benefit Accrual 38,616.46 20185201 1/12/2018 100283 BERKLEY ADMINISTRATORS 20,000.00 WC ADVANCE 271847 010918 9593.16501/12/2018 Worker's Comp Advance to DCA Workers' Compensation Self-In 20,000.00 1/11/2018City of Eagan 17:57:49R55CKR2LOGIS102V 30Page -Council Check Register by GL Check Register w GL Date & Summary 1/12/20181/8/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20185201 1/12/2018 100283 BERKLEY ADMINISTRATORS Continued... 20185603 1/12/2018 147907 SELECT ACCOUNT 3,353.71 FLEX REIMBURSEMENT 271848 011118 9592.22151/12/2018 Flex Plan Withholding Payable Benefit Accrual 3,353.71 20188001 1/12/2018 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PERIOD 12/24/17-1/6/18 271849 434600-010618 9592.61461/12/2018 PERA - DCP Benefit Accrual 65,164.93 PAYROLL PERIOD 12/24/17-1/6/18 271849 434600-010618 9592.20131/12/2018 Ded Payable - PERA Benefit Accrual 39,496.72 PAYROLL PERIOD 12/24/17-1/6/18 271849 434600-010618 9592.61421/12/2018 PERA - Coordinated Benefit Accrual 46,286.34 PAYROLL PERIOD 12/24/17-1/6/18 271849 434600-010618 9592.61431/12/2018 PERA - Police Benefit Accrual 151,024.95 2,419,184.27 Grand Total Payment Instrument Totals Checks 2,419,184.27 Total Payments 2,419,184.27 1/11/2018City of Eagan 17:57:57R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 1/12/20181/8/2018 - Company Amount 874,479.1409001GENERAL FUND 12,625.9109116CEDAR GROVE PARKING GARAGE 2,625.0009118MIF REVOLVING LOAN 8,611.4609197ETV 708,511.4709220PUBLIC UTILITIES 25,698.8709221CIVIC ARENA 5,122.1309222CASCADE BAY 36,883.3509223CENTRAL PARK /COMMUNITY CENTER 3,970.6409225FIBER INFRASTRUCTURE FUND 23,747.5009335EQUIPMENT REVOLVING 2,124.0009336GENERAL FACILITIES RENEW & REP 1,466.67-09337 COMMUNITY INVESTMENT 295.2309354FIRE STATION 1 576.8209355MAINTENANCE FACILITY EXPANSION 34,964.7809372REVOLVING SAF-CONSTRUCTION 2,037.9109375MAJOR STREET 439,349.9709592BENEFIT ACCRUAL 29,833.2809593WORKERS' COMPENSATION SELF-INS 8,733.9409695DAK CO DRUG TASK FORCE 200,459.5409880PAYROLL Report Totals 2,419,184.27 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195921 1/19/2018 100016 BAUER BUILT Continued... 823.27 195922 1/19/2018 143108 BLOOMINGTON, CITY OF 777.00 BAC T SAMPLING 271871 1700236 6149.632312/31/2017 Testing Services Water Sampling/Testing 777.00 195923 1/19/2018 121444 BLUE CROSS AND BLUE SHIELD OF MINNESOTA 50,702.96 INSURANCE PREM - FEB18 272017 180102095331 9592.20171/18/2018 Ded Payable-Insurance BCBS Benefit Accrual 291,037.64 INSURANCE PREM - FEB18 272017 180102095331 9592.61511/18/2018 Health Insurance Benefit Accrual 341,740.60 195924 1/19/2018 146342 BUILT TOUGH REMODELING LLC 560.00 BLDG REPAIR MATERIALS 271872 122817 3106.623312/31/2017 Building Repair Supplies Structure Care & Maintenance 2,090.00 BLDG REPAIR LABOR 271872 122817 3106.642712/31/2017 Building Operations/Repair-Lab Structure Care & Maintenance 2,650.00 195925 1/19/2018 142846 CENTURYLINK 141.08 271943 612E12-0825197- JAN18 6101.63471/18/2018 Telephone Service & Line Charg Water -Administration 141.08 271944 612E12-6449410- JAN18 6101.63471/18/2018 Telephone Service & Line Charg Water -Administration 423.24 271945 612E12-1089411- JAN18 6101.63471/18/2018 Telephone Service & Line Charg Water -Administration 541.66 OAK POND RD SAN LIFT STATION 271946 612E06-3878017- JAN18 6239.63471/18/2018 Telephone Service & Line Charg Lift Station Maintenanc/Repair 135.74 COMM LINE BTWN TRMNT PLANTS 271947 612E06-1331048- JAN18 6101.63521/18/2018 Telephone Circuits Water -Administration 66.00 SPERRY TOWER RADIO LINES 271948 612E12-1121206- JAN18 6101.63471/18/2018 Telephone Service & Line Charg Water -Administration 141.08 271949 612E12-8187409- JAN18 6101.63471/18/2018 Telephone Service & Line Charg Water -Administration 1,589.88 195926 1/19/2018 151167 COETZEE, JOHANNES 166.84 10402-OVRPMNT 4490 THOMAS LAKE 271950 122717 9220.22501/18/2018 Escrow Deposits Public Utilities 166.84 195927 1/19/2018 143057 COLUMBIA PIPE AND SUPPLY CO. 262.23 CURBSTOP REPAIR 271873 2576593 6130.626012/31/2017 Utility System Parts/Supplies Curb Stop Inspctn/Maint/Repair 262.23 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195927 1/19/2018 143057 COLUMBIA PIPE AND SUPPLY CO.Continued... 195928 1/19/2018 142286 COMCAST 283.51 COMCAST-12/29/17-1/28/18 271953 877210508043374 7-121917 6801.63471/18/2018 Telephone Service & Line Charg General & Administrative 283.51 195929 1/19/2018 151203 COSSETTA, FRANK 175.25 10440-OVERPMNT 4898 DODD 272013 010518 9220.22501/18/2018 Escrow Deposits Public Utilities 175.25 195930 1/19/2018 146259 COUILLARD, CRYSTAL 4,182.00 TUITION REIMBURSEMENT 271874 081517 0901.647812/31/2017 Tuition and Book Reimbursement Gen & Admin-Communications 4,182.00 195931 1/19/2018 113795 CULLIGAN 213.55 SOFTENER SALT 271875 668214 3313.624412/31/2017 Chemicals & Chemical Products Fire Buildings 447.85 SOFTNER SALT 271951 669207 6602.624412/31/2017 Chemicals & Chemical Products Equipment Repair & Maint. 661.40 195932 1/19/2018 136461 CULLIGAN (R) 59.03 WATER 271882 668070 9695.621012/31/2017 Office Supplies Dakota Co Drug Task Force 59.03 195933 1/19/2018 133868 DAKOTA COUNTY FINANCIAL SERVICES 1,889.48 4TH QTR TRAFF SIGNAL ELEC 271883 00028442 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 1,889.48 195934 1/19/2018 151201 DAVIS, NONA 22.00 ACTIVITY REFUND 271961 604041 3001.22501/18/2018 Escrow Deposits General/Admn-Recreation 22.00 195935 1/19/2018 120936 DELTA DENTAL 419.16 INSURANCE PREM - 2017 COBRA 272010 7139485 9592.615812/31/2017 Dental Insurance Benefit Accrual 419.16 195936 1/19/2018 118917 DEPARTMENT OF LABOR AND INDUSTRY 7,654.29 BLDG PRMT 12/17 271954 120117 9001.21951/18/2018 Due to State - Permit Surcharg General Fund 7,654.29 195937 1/19/2018 108122 DESIGNWRITE STUDIO'S, INC. 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195937 1/19/2018 108122 DESIGNWRITE STUDIO'S, INC.Continued... 886.00 WEB MAINTENANCE 2017 EXP 271884 6128 0901.653512/31/2017 Other Contractual Services Gen & Admin-Communications 886.00 195938 1/19/2018 101693 DICK'S SANITATION SERVICE INC. 51.41 CH/PD COMPOST 271955 DT0002031677 3304.65391/18/2018 Waste Removal/Sanitation Servi Bldg/Facilities Maintenance 49.58 WASTE REMOVAL 271955 DT0002031677 6603.65391/18/2018 Waste Removal/Sanitation Servi Building Repair & Maint. 100.99 195939 1/19/2018 100387 EAGAN GENERAL REPAIR 570.00 UNIT 148 271876 26536 9001.141512/31/2017 Inventory - Parts General Fund 570.00 195940 1/19/2018 100060 ECM PUBLISHERS INC 45.90 ORD 572 LEGAL NOTICE 271877 559258 0401.635912/31/2017 Legal Notice Publication General & Admn-City Clerk 49.08 PH - MIF PURAIR 271878 559259 0401.635912/31/2017 Legal Notice Publication General & Admn-City Clerk 94.98 195941 1/19/2018 102667 ELLISON, ANGELA 135.95 ENG TECH WORK BOOTS 271962 123117 2201.62241/18/2018 Clothing/Personal Equipment Gen/Adm-Streets 135.95 195942 1/19/2018 102007 ESRI, INC. 40,000.00 ANNUAL MAINTENANCE 2018 271956 93382081 6136.62701/18/2018 Computer Software GIS - Utilities 10,000.00 ANNUAL MAINTENANCE 2018 271956 93382081 6136.62701/18/2018 Computer Software GIS - Utilities 687.50 2018 271956 93382081 6136.62701/18/2018 Computer Software GIS - Utilities 687.50-271956 93382081 9990.22701/18/2018 Sales Tax Payable Investment Trust 50,000.00 195943 1/19/2018 119230 EULL'S MANUFACTURING CO INC. 1,313.60 2017 MANHOLE REPAIR 271879 036640 6449.626012/31/2017 Utility System Parts/Supplies Manhole Insp/Mtn/Repair 1,313.60 195944 1/19/2018 144138 FISCHER MINING LLC 610.13 MAINBREAK FILL 271880 116103 6160.625512/31/2017 Street Repair Supplies Main Maintenance/Repair 610.13 195945 1/19/2018 143971 FLEETPRIDE 46.77 UNIT 312 271881 89659644 9001.141512/31/2017 Inventory - Parts General Fund 46.77 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195946 1/19/2018 100157 FORCE AMERICA INC Continued... 12.33 UNIT 315 RO 893 271885 INØØ1-1202952 9001.141512/31/2017 Inventory - Parts General Fund 100.50 WO 12 271957 IN001-1206796 9001.14151/18/2018 Inventory - Parts General Fund 112.83 195947 1/19/2018 101684 FUTHEY, MARY 1,422.79 TUITION REIMBURSEMENT 272005 121617 0501.647812/31/2017 Tuition and Book Reimbursement General & Admn-Finance 322.58 TUITION REIMBURSEMENT 272006 121617-1 1001.64781/18/2018 Tuition and Book Reimbursement General/Admn-Human Resources 1,745.37 195948 1/19/2018 100071 G & K SERVICES 8.01 FD RUGS 271958 6182867842 3313.65691/18/2018 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SHARE 271969 2018 OAK WILT-TR 3209.68601/18/2018 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 321.38 195968 1/19/2018 100061 KRAEMER MINING & MATERIALS INC. 1,075.58 MAINBREAK FILL 271893 267606 6160.625512/31/2017 Street Repair Supplies Main Maintenance/Repair 1,075.58 195969 1/19/2018 100105 KREMER SERVICES LLC 1,250.24 UNIT 1213 SPRING WORK 271981 53535 9001.14151/18/2018 Inventory - Parts General Fund 1,250.24 195970 1/19/2018 100420 LEAGUE OF MINN CITIES INS TRUST 260.47 CLAIM GL 44473 271897 3161 9591.638612/31/2017 Insurance Deductible Risk Management 260.47 195971 1/19/2018 128864 LEGACY CREATIVE IMAGES 700.00 DADDY DAUGHTER DANCE PHOTOS.271977 1217 3079.63201/18/2018 Instructors Special Events 700.00 195972 1/19/2018 137999 LIBERTY TIRE RECYCLING LLC 113.90 WASTE TIRES 271898 1274156 2401.653912/31/2017 Waste Removal/Sanitation Servi Gen/Adm-Central Services 113.90 195973 1/19/2018 149504 MACQUEEN EMERGENCY GROUP 700.43 UNIT 1219 271899 W00424 9001.141512/31/2017 Inventory - Parts General Fund 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195973 1/19/2018 149504 MACQUEEN EMERGENCY GROUP Continued... 238.71 UNIT 1212 271970 P00797 9001.14151/18/2018 Inventory - Parts General Fund 939.14 195974 1/19/2018 141510 MADISON NATIONAL LIFE 4,777.70 LTD BILL-DEC 2017 271904 8862-1217 9592.615212/31/2017 Life Benefit Accrual 4,777.70 195975 1/19/2018 147851 MELLENBRUCH, STACY 410.82 POTTERY SALE 271905 111817 3081.2290.112/31/2017 Art House-Pottery Sale taxable Arts & Humanities Council 410.82 195976 1/19/2018 100571 MENARDS-APPLE VALLEY 174.31 MAILBOX REPAIR SUPPLIES 271971 32335 2240.62201/18/2018 Operating Supplies - General Street Plowing/Sanding 174.31 195977 1/19/2018 151095 MENARDS-BURNSVILLE 47.52 FLASHLIGHTS 271900 66679 2401.624012/31/2017 Small Tools Gen/Adm-Central Services 47.52 195978 1/19/2018 151196 METLIFE 546.00 METLIFE 271978 50692358 9592.20351/18/2018 Ded Payable-Met Law Benefit Accrual 546.00 195979 1/19/2018 100452 METRO VOLLEYBALL OFFICIALS ASN 59.00 MEN'S VOLLEYBALL OFFICIALS 272012 155 3041.632712/31/2017 Sporting Event Officials Adult Volleyball-Men 88.50 WOMEN'S VOLLEYBALL OFFICIALS 272012 155 3042.632712/31/2017 Sporting Event Officials Adult Volleyball-Women 210.00 MEN'S VOLLEYBALL OFFICIALS 272018 177 3041.63271/18/2018 Sporting Event Officials Adult Volleyball-Men 240.00 WOMEN'S VOLLEYBALL OFFICIALS 272018 177 3042.63271/18/2018 Sporting Event Officials Adult Volleyball-Women 480.00 CO-REC VOLLEYBALL OFFICIALS 272018 177 3043.63271/18/2018 Sporting Event Officials Adult Volleyball-Co-Rec 1,077.50 195980 1/19/2018 100133 MIKES SHOE REPAIR 217.00 CLOTHING ALLOWANCE - TRACY 271972 12272017 6101.21151/18/2018 Clothing Allowance Water -Administration 217.00 195981 1/19/2018 102753 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8225.671312/31/2017 Project - Outside Engineering P1225 Northwest Park Way Exten 1,563.07 195983 1/19/2018 120087 MN ENERGY RESOURCES CORP 141.52 ART HOUSE 271974 0506085756-0000 1-JAN18 3106.64101/18/2018 Natural Gas Service Structure Care & Maintenance 283.69 BRIDLE RIDGE PARK 271975 0502896570-0000 6-JAN18 3106.64101/18/2018 Natural Gas Service Structure Care & Maintenance 585.16 FIRE SAFETY CENTER 271976 0507084666-0000 1-JAN18 3313.64101/18/2018 Natural Gas Service Fire Buildings 1,010.37 195984 1/19/2018 138430 MN ENERGY RESOURCES CORP (R) 155.03 DEC 2017 NATURAL GAS 271906 0504461082-0000 1-DEC17 9695.641012/31/2017 Natural Gas Service Dakota Co Drug Task Force 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 195984 1/19/2018 138430 MN ENERGY RESOURCES CORP (R)Continued... 137.90 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120.69 195993 1/19/2018 151198 PLITZKOW, QUINTIN 475.00 OAK WILT COST SHARE 271990 2018 OAK WILT-TR 3209.68601/18/2018 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 475.00 195994 1/19/2018 122946 PLUTA, LAWRENCE J. 55.00 UNIFORMS-5 SHIRTS 271983 112117 3170.21151/18/2018 Clothing Allowance General AdmIn-Parks 55.00 195995 1/19/2018 144472 PRECISE MRM LLC 875.00 CMF SOFTWARE MAINTENANCE 272007 IN200-1015458 0301.656912/31/2017 Maintenance Contracts IT-Gen & Admn 875.00 195996 1/19/2018 100166 PUMP & METER SERV 177.25 GAS NOZZLES 271911 28325-1 2401.623112/31/2017 Mobile Equipment Repair Parts Gen/Adm-Central Services 177.25 195997 1/19/2018 139219 Q3 CONTRACTING 3,479.80 TEMP HYDRANT 271984 1/10/18 9220.22541/18/2018 Construction Meter Deposits Public Utilities 195.00 TEMP HYDRANT 271984 1/10/18 6101.45211/18/2018 Construction Meter Permit Fees Water -Administration 390.00-TEMP HYDRANT 271984 1/10/18 6101.45211/18/2018 Construction Meter Permit Fees Water -Administration 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General/Admn-Police 74.78 DOCUMENT SHREDDING 272011 8123834238 6801.656912/31/2017 Maintenance Contracts General & Administrative 614.63 196009 1/19/2018 151184 SIMPLIFILE 441.00 10/27/17-12/7/17 271921 MNTXJK-01092018 0720.648112/31/2017 Recording Fees General Admin-Planning & Zonin 441.00 196010 1/19/2018 102392 SPARTAN PROMOTIONAL GROUP, INC. 615.00 SPARTAN PROMOTIONAL-PENS 271917 563124 3001.647512/31/2017 Miscellaneous General/Admn-Recreation 379.00 SPARTAN PROMOTIONAL-PENS 271918 563123 3001.647512/31/2017 Miscellaneous General/Admn-Recreation 290.00 SPARTAN PROMOTIONS-PENCILS 271995 563122 3001.64751/18/2018 Miscellaneous General/Admn-Recreation 502.00 SPARTAN PROMO-VOLUNTEER TOTES 271996 563127 3001.64751/18/2018 Miscellaneous General/Admn-Recreation 670.00 SPARTAN PROMO-WHITE BAGS 271997 563126 3001.64751/18/2018 Miscellaneous General/Admn-Recreation 1,101.00 SPARTAN PROMOTIONAL-TOTE BAGS 271998 563125 3001.64751/18/2018 Miscellaneous General/Admn-Recreation 3,557.00 196011 1/19/2018 142973 T-MOBILE USA (R) 102.00 16-Z-131 GPS LOCATE 271922 3002110000 9695.658912/31/2017 Forfeiture Expenditures Dakota Co Drug Task Force 102.00 196012 1/19/2018 113124 TOLL GAS & WELDING SUPPLY 22.07 ARGON WELDING GAS 271923 40076396 2401.624112/31/2017 Shop Materials Gen/Adm-Central Services 22.07 196013 1/19/2018 102615 TOLLERUD, EVERETT & JOYCE 399.04 OAK WILT COST SHARE 272000 2018 OAK WILT-FI 3209.68601/18/2018 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 399.04 196014 1/19/2018 100543 TOTAL CONTROL SYSTEMS INC 9,876.00 SCADA AND PW RADIO UPDATE 271924 8176 6232.626012/31/2017 Utility System Parts/Supplies Equipment Maintenance/Repair 9,876.00 196015 1/19/2018 119217 VERIZON WIRELESS (R) 83.28 JAN 2018 CELL PHONE 271927 9798670861 9695.635512/31/2017 Cellular Telephone Service Dakota Co Drug Task Force 70.02 JAN 2018 CELL PHONE 271928 9798801672 9695.635512/31/2017 Cellular Telephone Service Dakota Co Drug Task Force 153.30 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196016 1/19/2018 100912 VERIZON WIRELESS, BELLEVUE Continued... 50.92 CELL PHONES 271925 9799296765 1001.635512/31/2017 Cellular Telephone Service General/Admn-Human Resources 101.84 CELL PHONES 271925 9799296765 0201.635512/31/2017 Cellular Telephone Service General & Admn-Admn 243.68 CELL PHONES 271925 9799296765 0301.635512/31/2017 Cellular Telephone Service IT-Gen & Admn 60.92 CELL PHONES 271925 9799296765 0501.635512/31/2017 Cellular Telephone Service General & Admn-Finance 254.60 CELL PHONES 271925 9799296765 0720.635512/31/2017 Cellular Telephone Service General Admin-Planning & Zonin 385.16 CELL PHONES 271925 9799296765 0805.635512/31/2017 Cellular Telephone Service Construction Insp-Field 372.75 CELL PHONES 271925 9799296765 0901.635512/31/2017 Cellular Telephone Service Gen & Admin-Communications 3,790.43 CELL PHONES 271925 9799296765 1108.635512/31/2017 Cellular Telephone Service Communications 438.84 CELL PHONES 271925 9799296765 2010.635512/31/2017 Cellular Telephone Service General Engineering 248.02 CELL PHONES 271925 9799296765 2201.635512/31/2017 Cellular Telephone Service Gen/Adm-Streets 667.10 CELL PHONES 271925 9799296765 3001.635512/31/2017 Cellular Telephone Service General/Admn-Recreation 371.04 CELL PHONES 271925 9799296765 3170.635512/31/2017 Cellular Telephone Service General AdmIn-Parks 61.13 CELL PHONES 271925 9799296765 3170.635512/31/2017 Cellular Telephone Service General AdmIn-Parks 119.28 CELL PHONES 271925 9799296765 3201.635512/31/2017 Cellular Telephone Service Administrative/General 28.72 CELL PHONES 271925 9799296765 3106.634712/31/2017 Telephone Service & Line Charg Structure Care & Maintenance 29.22 CELL PHONES 271925 9799296765 3301.635512/31/2017 Cellular Telephone Service General Management 907.34 CELL PHONES 271925 9799296765 1221.635512/31/2017 Cellular Telephone Service Administration-Fire 203.68 CELL PHONES 271925 9799296765 9701.635512/31/2017 Cellular Telephone Service PEG-eligible 282.84 CELL PHONES 271925 9799296765 6101.635512/31/2017 Cellular Telephone Service Water -Administration 101.84 CELL PHONES 271925 9799296765 6128.635512/31/2017 Cellular Telephone Service CMMS - Utilities 245.16 CELL PHONES 271925 9799296765 6201.635512/31/2017 Cellular Telephone Service San Sewer-Administration 152.76 CELL PHONES 271925 9799296765 6501.635512/31/2017 Cellular Telephone Service G/A - Water Quality 152.76 CELL PHONES 271925 9799296765 6601.635512/31/2017 Cellular Telephone Service General/Administrative-Arena 50.92 CELL PHONES 271925 9799296765 6716.635512/31/2017 Cellular Telephone Service General Administration 87.12 CELL PHONES 271925 9799296765 6801.635512/31/2017 Cellular Telephone Service General & Administrative 60.92 CELL PHONES 271925 9799296765 9225.635512/31/2017 Cellular Telephone Service Fiber Infrastructure Fund 9,468.99 196017 1/19/2018 100237 VIKING ELECTRIC 11.40 COMMERCIAL RADIO READS 271926 S001102479.001 6162.623012/31/2017 Repair/Maintenance Supplies-Ge Meter Reading 11.40 196018 1/19/2018 114534 VISTAR CORPORATION 56.14 CHIPS/POP/ICE CREAM/MILK 271929 50427236 6831.685512/31/2017 Merchandise for Resale Food and Beverage 167.80 CHIPS/POP/ICE CREAM/MILK 271929 50427236 6805.685512/31/2017 Merchandise for Resale Birthday Parties 219.99 CHIPS/POP/ICE CREAM/MILK 271929 50427236 6806.685512/31/2017 Merchandise for Resale Concessions 443.93 196019 1/19/2018 119144 WASTE MANAGEMENT-SAVAGE (R) 545.39 WASTE REMOVAL JAN 2018 272001 7705943-2282-6 9695.65391/18/2018 Waste Removal/Sanitation Servi Dakota Co Drug Task Force 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196019 1/19/2018 119144 WASTE MANAGEMENT-SAVAGE (R)Continued... 545.39 196020 1/19/2018 107301 WHEELER, JEFF 16.35 MILEAGE 1/9/18 272002 010918 0812.64771/18/2018 Local Meeting Expenses Conferences/Training-Prot Insp 16.35 196021 1/19/2018 121046 WNAV INC. 170.00 REPAIRS 271930 19645 6802.653512/31/2017 Other Contractual Services Banquet Room 170.00 196022 1/19/2018 142969 WOODS, HAROLD 130.16 OAK WILT COST SHARE 272003 2018 OAK WILT-TR 3209.68601/18/2018 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 130.16 196023 1/19/2018 101755 XCEL ENERGY 902.10 SIGNALS 271931 51-6563386-3-01 0418 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 902.10 196024 1/19/2018 101755 XCEL ENERGY 80.92 HWY 55 STORM 271932 51-6563388-5-01 0418 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 20.54 KNOX STORM LIFT STATION 271932 51-6563388-5-01 0418 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 101.46 196025 1/19/2018 101755 XCEL ENERGY 11.02 SKYLINE RD HOCKEY RINK 271933 51-6563384-1-01 0418 3104.640512/31/2017 Electricity Site Amenity Installation 11.02 MCKEE ST ICE RINK LIGHTS 271933 51-6563384-1-01 0418 3104.640512/31/2017 Electricity Site Amenity Installation 108.60 QUARRY PARK 271933 51-6563384-1-01 0418 3106.640512/31/2017 Electricity Structure Care & Maintenance 130.64 196026 1/19/2018 101755 XCEL ENERGY 192.65 FESTIVAL GROUNDS 271934 51-6563391-0-01 0418 3106.640512/31/2017 Electricity Structure Care & Maintenance 160.62 CENTRAL PARK PUMP STATION 271934 51-6563391-0-01 3186.640512/31/2017 Electricity Recreation Program Support 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196026 1/19/2018 101755 XCEL ENERGY Continued... 0418 45.07 BAND SHELL 271934 51-6563391-0-01 0418 3106.640512/31/2017 Electricity Structure Care & Maintenance 215.36 CONCESSION STAND 271934 51-6563391-0-01 0418 3106.640512/31/2017 Electricity Structure Care & Maintenance 3,225.23 WELL #20 271934 51-6563391-0-01 0418 6148.640912/31/2017 Electricity-Wells/Booster Stat North Well Field 9,139.03 ECC ELECTRICITY 271934 51-6563391-0-01 0418 6824.640512/31/2017 Electricity Utilities 3,285.61 ECC NATURAL GAS 271934 51-6563391-0-01 0418 6824.641012/31/2017 Natural Gas Service Utilities 16,263.57 196027 1/19/2018 101755 XCEL ENERGY 2,939.05 STREET LITES 271935 51-6563390-9-01 0318 6301.640612/31/2017 Electricity-Street Lights Street Lighting 2,939.05 196028 1/19/2018 101755 XCEL ENERGY 24.61 ALEXANDER LIFT STATION 271936 51-6563387-4-01 0318 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 357.16 HWY 55 SAN 271936 51-6563387-4-01 0318 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 381.77 196029 1/19/2018 100246 ZEP MFG CO 149.32 CLEANING SUPPLIES 271999 9003205293 6603.62231/18/2018 Building/Cleaning Supplies Building Repair & Maint. 149.32 196030 1/19/2018 100247 ZIEGLER INC 568.92 UNIT 224 271937 SW050288900 9001.141512/31/2017 Inventory - Parts General Fund 5,570.00 CIP '17- SKIDSTEER ATT.271938 A2542901 3531.664012/31/2017 Machinery/Equipment Equip Rev Fd-Dept 31 7,660.83 GENERATOR CONTRACT-2018 272004 E8335606 3304.65691/18/2018 Maintenance Contracts Bldg/Facilities Maintenance 13,799.75 20180116 1/19/2018 138388 VANCO SERVICES LLC 219.00 DECEMBER 2017 272019 00008678474 6101.65351/19/2018 Other Contractual Services Water -Administration 219.00 20185604 1/19/2018 147907 SELECT ACCOUNT 1/18/2018City of Eagan 15:08:16R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 1/19/20181/15/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20185604 1/19/2018 147907 SELECT ACCOUNT Continued... 12,161.53 FLEX REIMBURSEMENT 272020 011818 9592.22151/19/2018 Flex Plan Withholding Payable Benefit Accrual 12,161.53 20188501 1/19/2018 151185 HEALTHPARTNERS INC 1,440.14 DENTAL CLAIMS REIMBURSEMENT 272021 011618 9594.61581/19/2018 Dental Insurance Dental Self-insurance 1,440.14 572,827.48 Grand Total Payment Instrument Totals Checks 572,827.48 Total Payments 572,827.48 1/18/2018City of Eagan 15:08:21R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 1/19/20181/15/2018 - Company Amount 71,887.3909001GENERAL FUND 203.6809197ETV 89,560.5209220PUBLIC UTILITIES 1,079.9209221CIVIC ARENA 277.0909222CASCADE BAY 15,830.5409223CENTRAL PARK /COMMUNITY CENTER 60.9209225FIBER INFRASTRUCTURE FUND 5,570.0009335EQUIPMENT REVOLVING 1,563.0709372REVOLVING SAF-CONSTRUCTION 260.4709591RISK MANAGEMENT 365,207.7609592BENEFIT ACCRUAL 4,432.6409594Dental Self-insurance 17,580.9809695DAK CO DRUG TASK FORCE 687.50-09990 INVESTMENT TRUST Report Totals 572,827.48 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196039 1/26/2018 141277 AUTHENTIC EDGE LLC Continued... 1,000.00 FELDMAN/EATON/GIBBS/DECKER 272092 1195 6111.63101/25/2018 Professional Services-General Personnel 1,000.00 196040 1/26/2018 151200 BALDWIN SUPPLY COMPANY 163.32 COOLING FAN FOR SS MOTOR 272093 3403339 6155.62331/25/2018 Building Repair Supplies South Plant Production 163.32 196041 1/26/2018 100397 BATTERIES PLUS 5,548.50 REPLACE BATTERIES MAIN UPS 272094 026-108930-01 6147.62331/25/2018 Building Repair Supplies North Plant Production 89.90 THERMAL IMAGER BATTERIES 272095 026-325248 1223.64261/25/2018 Small Equipment Repair-Labor Training Fire & EMS 5,638.40 196042 1/26/2018 102950 BERGERSON-CASWELL, INC. 7,365.00 HSP #4 MOTOR REPAIR 272026 24980 6147.643212/31/2017 Utility System Repair-Labor North Plant Production 7,365.00 196043 1/26/2018 151215 BIGA, NANCY 57.90 ACTIVITY REFUND 272096 607300 3001.22501/25/2018 Escrow Deposits General/Admn-Recreation 57.90 196044 1/26/2018 146483 BIRCH 2,640.00 CONTRACT CDS PLOWING 272034 M5478 2240.656412/31/2017 Snow & Ice Removal Street Plowing/Sanding 2,640.00 196045 1/26/2018 151214 BIRKEMEIER, ALIX 30.00 ICE SHOW TRYOUT JUDGE 272097 011618 6606.65351/25/2018 Other Contractual Services Ice Show 30.00 196046 1/26/2018 143561 BLUE TARP FINANCIAL 341.86 EQUIP PARTS 272098 0031146067 3127.62311/25/2018 Mobile Equipment Repair Parts Equipment Maintenance/Repair 341.86 196047 1/26/2018 138890 BMI 231.33 BMI MUSIC LICENSE-2018 272099 9697726 3001.65351/25/2018 Other Contractual Services General/Admn-Recreation 115.67 BMI MUSIC LICENSE-2018 272099 9697726 6601.64801/25/2018 Licenses, Permits and Taxes General/Administrative-Arena 115.67 BMI MUSIC LICENSE-2018 272099 9697726 6716.64801/25/2018 Licenses, Permits and Taxes General Administration 231.33 BMI MUSIC LICENSE-2018 272099 9697726 6801.64801/25/2018 Licenses, Permits and Taxes General & Administrative 694.00 196048 1/26/2018 131767 BOLTON & MENK INC. 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196048 1/26/2018 131767 BOLTON & MENK INC.Continued... 3,882.50 CARLSON LK STORM - ENG 272303 0212739 6439.6630 P124912/31/2017 Other Improvements Lift Station Maintenanc/Repair 4,097.50 APOLLO LS IMPROVEMENT 272304 0212740 6439.6630 P125312/31/2017 Other Improvements Lift Station Maintenanc/Repair 7,980.00 196049 1/26/2018 151223 BOTTOMLY, GLENN 98.37 10493-OVRPMNT 1750 DRAKE DR 272100 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 98.37 196050 1/26/2018 100024 BRAUN INTERTEC 16,778.00 BRAUN, SOIL BORINGS 272027 B116845 9353.672012/31/2017 Project - Architect POLICE & CITY HALL REMODEL 16,778.00 196051 1/26/2018 151216 BREEZY BADGE 9.45 NAME BADGES 272101 2076 1001.62101/25/2018 Office Supplies General/Admn-Human Resources 25.20 NAME BADGES 272101 2076 0301.62101/25/2018 Office Supplies IT-Gen & Admn 9.45 NAME BADGES 272101 2076 0820.62101/25/2018 Office Supplies General/Admn-Housing 9.45 NAME BADGES 272101 2076 0720.62101/25/2018 Office Supplies General Admin-Planning & Zonin 6.28 NAME BADGES 272101 2076 0901.62101/25/2018 Office Supplies Gen & Admin-Communications 22.05 NAME BADGES 272101 2076 2401.62101/25/2018 Office Supplies Gen/Adm-Central Services 25.20 NAME BADGES 272101 2076 1101.62101/25/2018 Office Supplies General/Admn-Police 194.78 NAME BADGES 272101 2076 0401.62251/25/2018 Election Supplies General & Admn-City Clerk 12.60 NAME BADGES 272101 2076 6101.62101/25/2018 Office Supplies Water -Administration 314.46 196052 1/26/2018 102838 BURNET TITLE 15.22 10493-OVRPMNT 3920 WESTBURY DR 272102 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 15.22 196053 1/26/2018 100027 BURNSVILLE, CITY OF 3,162.62 BURNSVILLE JPA - SEWER 272028 2018-00000002 6201.453012/31/2017 Sanitary Sewer Service Charges San Sewer-Administration 3,402.11 BURNSVILLE JPA - WATER 272028 2018-00000002 6101.450512/31/2017 Water Sales Water -Administration 6,564.73 196054 1/26/2018 100027 BURNSVILLE, CITY OF 447.65 EAGAN HALF OF TRUCK EXP 272029 2018-00000001 9701.668012/31/2017 Mobile Equipment PEG-eligible 447.65 196055 1/26/2018 115040 CARDIAC SCIENCE, INC. 260.32 MEDICAL SUPPLIES 272030 7307486 1104.622012/31/2017 Operating Supplies - General Patrolling/Traffic 260.32 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196055 1/26/2018 115040 CARDIAC SCIENCE, INC.Continued... 196056 1/26/2018 102503 CHAPMAN, ROBYN 24.08 MILEAGE 8/10/17-1/2/18 272035 010218 0301.635312/31/2017 Personal Auto/Parking IT-Gen & Admn 24.08 196057 1/26/2018 151222 CHROUSER, KRISTIN 216.22 10493-OVRPMNT 3516 SAWGRASS TR 272103 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 216.22 196058 1/26/2018 102087 CLAREY'S SAFETY EQUIPMENT 80.00 FIRE GLOVES 272104 175094 1225.62241/25/2018 Clothing/Personal Equipment Fire / EMS Equipment 80.00 196059 1/26/2018 147872 CLEAR MARKETING CONCEPTS LLC 1,944.00 ANNUAL DUES-NEPTUNE LEVEL 3 272327 3147 6601.65691/25/2018 Maintenance Contracts General/Administrative-Arena 1,944.00 196060 1/26/2018 102312 COLE-PARMER INSTRUMENT COMPANY 34.50 SMART SPATULA 272031 1339904 9695.622012/31/2017 Operating Supplies - General Dakota Co Drug Task Force 34.50 196061 1/26/2018 142286 COMCAST 52.80 MONTHY DUES1/18-2/17/18 272105 877210508072454 1-010818 6603.63571/25/2018 Advertising/Publication Building Repair & Maint. 52.80 196062 1/26/2018 151202 COPPERHEAD INNOVATIONS LLC 322.93 PROBE ROD FOR LOCATES 272032 11243 6234.624012/31/2017 Small Tools Utility Locates 322.93 196063 1/26/2018 150880 CORE & MAIN LP 21,210.00 COMMERCIAL METERS 272318 1314464 6161.66301/25/2018 Other Improvements Meter Replacement 21,210.00 196064 1/26/2018 146281 CORNERSTONE PARKING GROUP INC. 12,041.11 PARKING MANAGE SERV DEC 2017 272036 1483 9116.653512/31/2017 Other Contractual Services Cedar Grove Parking Garage 4,310.25 RELIABLE SNOW REMOVAL 272106 1484 9116.62531/25/2018 Turf Maintenance & Landscape S Cedar Grove Parking Garage 16,351.36 196065 1/26/2018 145534 CROWN TROPHY 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196065 1/26/2018 145534 CROWN TROPHY Continued... 207.20 LABELS FOR STP EQUIPMENT 272037 20592 6155.621012/31/2017 Office Supplies South Plant Production 207.20 196066 1/26/2018 145374 CURDCO INC. 176.00 CONCESSION RESALE 272107 18-016 6609.68551/25/2018 Merchandise for Resale Concession Sales/Vending 176.00 196067 1/26/2018 102141 DAK CTY SHERIFF'S OFFICE 4,602.25 Q4 2017 SUPERVISOR DIFFERENTIA 272045 2017-Q4 SGT DIFF 9695.658012/31/2017 Reimb to Cities & Counties Dakota Co Drug Task Force 4,602.25 196068 1/26/2018 110921 DAKOTA AWARDS & ENGRAVING 6.00 PAR TAGS-JENSEN 272038 17748 1225.622412/31/2017 Clothing/Personal Equipment Fire / EMS Equipment 6.00 196069 1/26/2018 120622 DAKOTA COMMUNICATIONS CENTER 104,692.00 DCC MONTHLY FEE-FEB 18 272108 EA2018-02 1108.63301/25/2018 DCC Fees Communications 104,692.00 196070 1/26/2018 133868 DAKOTA COUNTY FINANCIAL SERVICES 340.00 M. TIMM - TRAINING 272039 00028377 0401.647612/31/2017 Conferences/Meetings/Training General & Admn-City Clerk 340.00 196071 1/26/2018 148127 DAKOTA COUNTY FINANCIAL SERVICES (R) 91.97 NOV 2017 FUEL 272046 00028373 9695.623512/31/2017 Fuel, Lubricants, Additives Dakota Co Drug Task Force 18,000.00 2018 ECU PARTICIPATION 272109 00028685 9695.65801/25/2018 Reimb to Cities & Counties Dakota Co Drug Task Force 18,091.97 196072 1/26/2018 100050 DAKOTA ELECTRIC 24.81 OLD TOWN HALL 272331 100749-1-DEC17 3304.640512/31/2017 Electricity Bldg/Facilities Maintenance 75.45 CARLSON LAKE SAN 272332 102339-9-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 99.79 SOUTHERN HILLS TOWER 272333 103460-2-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 183.07 FIRE STATION 1 272334 107460-8-DEC17 3313.640512/31/2017 Electricity Fire Buildings 4,315.02 FIRE SAFETY CENTER 272335 108247-8-DEC17 3313.640512/31/2017 Electricity Fire Buildings 43.16 YANKEE DOODLE WATER TANK RSVR 272336 112682-0-DEC17 6146.640912/31/2017 Electricity-Wells/Booster Stat North Plant Building 228.55 LONE OAK SAN 272337 112832-1-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 165.90 CARLSON LAKE STORM 272338 122797-4-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 34.99 BLACKHAWK COVE SAN 272339 127325-9-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 290.36 RAHN PARK 272340 132778-2-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196072 1/26/2018 100050 DAKOTA ELECTRIC Continued... 109.31 LEXINGTON STORM STATION 272341 133789-8-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 22.05 ZOO METER 272342 136873-7-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 750.84 LODGEPOLE CT SECURITY LITES 272343 138267-0-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 633.12 CLIFF BOOSTER STATION 272344 139958-3-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 220.98 LEXINGTON BOOSTER STATION 272345 143222-8-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 220.73 FIRE STATION 3 272346 146053-4-DEC17 3313.640512/31/2017 Electricity Fire Buildings 53.35 OAK CHASE STORM 272347 146920-4-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 16.10 COVINGTON STORM 272348 149810-4-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 42.10 TH 77/CO RD 32 SIGNALS 272349 152634-2-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 33.47 TH 77/CO RD 32 SIGNALS 272350 152635-9-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 5.00 CIVIL DEFENSE SIREN 272351 155062-3-DEC17 1106.640512/31/2017 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 272352 155063-1-DEC17 1106.640512/31/2017 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 272353 155064-9-DEC17 1106.640512/31/2017 Electricity Emergency Preparedness 24.49 SAFARI RESERVOIR 272354 159673-3-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 87.22 HURLEY STORM 272355 159822-6-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 262.13 SCHWANZ STORM 272356 160898-3-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 46.53 LONE OAK/35 SIGNALS 272357 162414-7-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 18.08 OAK CLIFF STORM 272358 165267-6-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 196.24 NORTHVIEW PARK 272359 167128-8-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 31.72 35E/CLIFF SIGNALS 272360 167845-7-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 29.16 35E/CLIFF SIGNALS 272361 167846-5-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 31.61 35E/PILOT KNOB SIGNALS 272362 167849-9-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 32.19 35E/PILOT KNOB SIGNALS 272363 167850-7-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 52.59 35E/YANKEE DOODLE SIGNALS 272364 167851-5-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 34.99 RAHN PARK 272365 169262-3-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 436.43 GOAT HILL PARK HOCKEY RINK 272366 170635-7-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 141.20 GOAT HILL PARK BASEBALL FIELD 272367 170636-5-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 56.21 ASHBURY SAN 272368 172471-5-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 153.92 BLUE CROSS PARK 272369 177546-9-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 74.32 YANKEE STORM 272370 180516-7-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 239.58 WELL #8 & #9 272371 187147-4-DEC17 6146.640912/31/2017 Electricity-Wells/Booster Stat North Plant Building 42.68 BLACKHAWK/CLIFF SIGNALS 272372 187873-5-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 288.84 COUNTRY HOLLOW SAN 272373 193140-1-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 356.76 COUNTRY HOLLOW STORM 272374 193575-8-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 673.46 FIRE STATION 4 272375 195895-8-DEC17 3313.640512/31/2017 Electricity Fire Buildings 238.01 WELL #10 272376 196322-2-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 78.85 THOMAS LAKE STORM 272377 196919-5-DEC17 6439.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 211.17 FIRE STATION 5 272378 197741-2-DEC17 3313.640512/31/2017 Electricity Fire Buildings 278.69 WELL #11 272379 197761-0-DEC17 6146.640912/31/2017 Electricity-Wells/Booster Stat North Plant Building 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196072 1/26/2018 100050 DAKOTA ELECTRIC Continued... 71.48 MURPHY SAN 272380 198484-8-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 48.74 CLIFF & CLIFF LAKE RD SIGNALS 272381 198522-5-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 31.84 CLIFF & CLIFF LAKE RD SIGNALS 272382 198523-3-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 231.90 WELL #13 272383 200399-4-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 3,549.40 WELL #12 272384 200417-4-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 3,378.79 WELL #14 272385 200823-3-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 281.11 WELL #15 272386 200922-3-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 83.17 BLACKHAWK PAVILLION 272387 211088-0-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 14.46 WEST GROUP NORTH 272388 212539-1-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 48.28 DENMARK/TWN CNTR SIGNALS 272389 224458-0-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 5.00 CIVIL DEFENSE SIREN 272390 224623-9-DEC17 1106.640512/31/2017 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 272391 224624-7-DEC17 1106.640512/31/2017 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 272392 224625-4-DEC17 1106.640512/31/2017 Electricity Emergency Preparedness 145.01 WELL #18 272393 224626-2-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 27.76 DEERWOOD RESERVOIR 272394 224893-8-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 187.38 YANKEE/WASHINGTON STREET LITES 272395 226048-7-DEC17 6301.640612/31/2017 Electricity-Street Lights Street Lighting 220.50 YANKEE/35E STREET LITES 272396 226049-5-DEC17 6301.640612/31/2017 Electricity-Street Lights Street Lighting 295.01 YANKEE/DENMARK STREET LITES 272397 226050-3-DEC17 6301.640612/31/2017 Electricity-Street Lights Street Lighting 248.59 YANKEE/PROMENADE STREET LITES 272398 226051-1-DEC17 6301.640612/31/2017 Electricity-Street Lights Street Lighting 161.50 NORTHWD/PROMENADE STREET LITES 272399 226052-9-DEC17 6301.640612/31/2017 Electricity-Street Lights Street Lighting 14.00 WEST GROUP SOUTH 272400 300763-0-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 37.21 CLUBVIEW/LEX SIGNALS 272401 313124-0-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 36.86 LEX/N ARMSTRONG BLVD SIGNALS 272402 313127-3-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 46.29 THOMAS LAKE PARK 272403 348080-3-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 14.00 THRESHER PARK 272404 349188-3-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 42.45 DUCKWOOD/TWN CNTR SIGNALS 272405 357166-1-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 14.00 1960 CLIFF LAKE RD AERATOR 272406 412466-5-DEC17 6520.640512/31/2017 Electricity Basin Mgmt-Aeration 14.24 DEERWOOD/35E SPDSGNL 272407 417173-2-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 51.31 THRESHER PARK BLDG 272408 427290-2-DEC17 3106.640512/31/2017 Electricity Structure Care & Maintenance 364.62 SHERMAN CT BRIDGE LITES 272409 440715-1-DEC17 6301.640612/31/2017 Electricity-Street Lights Street Lighting 14.46 IRRIGATION MEDIAN LANDSCAPING 272410 452288-4-DEC17 2271.640512/31/2017 Electricity Boulevard/Ditch Mtn 117.19 RAHN/DIFFLEY #LIGHTS 272411 453294-1-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 14.24 4237 DANIEL DRIVE #SIGN 272412 456815-0-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 14.11 4266 DANIEL DR #SIGN 272413 456817-6-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 130.60 FEDERAL DRIVE STREET LITES 272414 483732-4-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 36.74 DEERWOOD/PILOT KNOB SIGNALS 272415 509475-0-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 284.59 WITHAM LANE LIFT STATION 272416 545622-3-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 37.86 PROMENADE DR #SIGNAL 272417 549208-7-DEC17 6301.640712/31/2017 Electricity-Signal Lights Street Lighting 18.00 BLACKHAWK PARK AERATOR 272418 557042-9-DEC17 6520.640512/31/2017 Electricity Basin Mgmt-Aeration 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196072 1/26/2018 100050 DAKOTA ELECTRIC Continued... 42.72 WIDGEON WAY 272419 571231-0-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 2,311.66 PUBLIC WORKS GARAGE 272420 110986-7-DEC17 3304.640512/31/2017 Electricity Bldg/Facilities Maintenance 1,423.46 WELL #1 272421 112885-9-DEC17 6146.640912/31/2017 Electricity-Wells/Booster Stat North Plant Building 226.68 WELL #2 272422 124865-7-DEC17 6146.640912/31/2017 Electricity-Wells/Booster Stat North Plant Building 2,570.82 MUNICIPAL CENTER 272423 127189-9-DEC17 3304.640512/31/2017 Electricity Bldg/Facilities Maintenance 10,440.18 WELL #4/TREATMENT PLANT 272424 137781-1-DEC17 6146.640912/31/2017 Electricity-Wells/Booster Stat North Plant Building 6,917.24 SOUTH TREATMENT PLANT 272425 201358-9-DEC17 6154.640912/31/2017 Electricity-Wells/Booster Stat South Plant Building 3,143.18 POLICE STATION 272426 217026-4-DEC17 3304.640512/31/2017 Electricity Bldg/Facilities Maintenance 7,795.11 CIVIC ICE ARENA 272427 220593-8-DEC17 6601.640512/31/2017 Electricity General/Administrative-Arena 766.35 AQUATIC ADMIN BLDG 272428 256881-4-DEC17 6719.640512/31/2017 Electricity Building Maintenance 497.57 AQUATIC PARKING LOT LIGHT 272429 263297-4-DEC17 6719.640512/31/2017 Electricity Building Maintenance 157.08 AQUATIC MECH BLDG 272430 272182-7-DEC17 6719.640512/31/2017 Electricity Building Maintenance 407.56 AQUATIC CHANGE FACILITY 272431 272183-5-DEC17 6719.640512/31/2017 Electricity Building Maintenance 789.14 GENERATOR 272432 326096-5-DEC17 3304.640512/31/2017 Electricity Bldg/Facilities Maintenance 4,490.12 CIVIC ICE ARENA 272433 463323-6-DEC17 6601.640512/31/2017 Electricity General/Administrative-Arena 241.80 DE SWITCH/COMM BLDG 272434 529232-1-DEC17 6147.640812/31/2017 Electricity-Lift Stations North Plant Production 782.99 EAGAN SWITCH/COMM BLDG 272435 529233-9-DEC17 6147.640812/31/2017 Electricity-Lift Stations North Plant Production 247.32 CAMPUS GENERATOR/TRANSFORMER 272436 529234-7-DEC17 6147.640812/31/2017 Electricity-Lift Stations North Plant Production 392.69 DENMARK LIFT STATION 272437 532128-6-DEC17 6239.640812/31/2017 Electricity-Lift Stations Lift Station Maintenanc/Repair 1,540.39 WELL #3 272438 555257-5-DEC17 6146.640912/31/2017 Electricity-Wells/Booster Stat North Plant Building 443.72 BRINE/SALT STORAGE 272439 555450-6-DEC17 3304.640512/31/2017 Electricity Bldg/Facilities Maintenance 201.63 UTILITY BLDG 272440 555451-4-DEC17 6146.640512/31/2017 Electricity North Plant Building 67,867.32 196073 1/26/2018 100405 DAKOTA ELECTRIC ASSOC 1,654.06 REPLACE STREETLIGHT ON DENMARK 272110 241162-7-011018 6301.64321/25/2018 Utility System Repair-Labor Street Lighting 1,654.06 196074 1/26/2018 148182 DATABANK HOLDINGS LTD 1,045.45 DATABANK RENTAL SPACE 272111 32804 4005.64561/25/2018 Building Rental AccessEagan 1,045.45 196075 1/26/2018 130735 DAVIS EQUIPMENT CORPORATION 12.14 BRINE TANKS ON TRUCKS 272112 EI04523 2244.62311/25/2018 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 12.14 196076 1/26/2018 102523 DLT SOLUTIONS, INC. 5,112.95 AUTOCAD SOFT MAINT 2018 272122 S1382189 0301.65691/25/2018 Maintenance Contracts IT-Gen & Admn 351.52 AUTOCAD SOFTWARE MAINT 18 272122 S1382189 0301.65691/25/2018 Maintenance Contracts IT-Gen & Admn 351.52-272122 S1382189 9990.22701/25/2018 Sales Tax Payable Investment Trust 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196076 1/26/2018 102523 DLT SOLUTIONS, INC.Continued... 5,112.95 196077 1/26/2018 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS 6,791.30 LEGAL 272441 168679-04768 0601.631112/31/2017 Legal General Legal Service 746.46 LEGAL 272442 168670-39452 0601.631112/31/2017 Legal General Legal Service 152.34 LEGAL 272443 168677-38701 0601.631112/31/2017 Legal General Legal Service 228.52 LEGAL 272444 168684-38031 0601.631112/31/2017 Legal General Legal Service 472.25 LEGAL 272445 168697-39435 0601.631112/31/2017 Legal General Legal Service 263.17 LEGAL 272446 168673-10388 0601.631112/31/2017 Legal General Legal Service 1,449.84 LEGAL 272447 168678-12651 0601.631112/31/2017 Legal General Legal Service 93.72 LEGAL 272448 168899-37129 0601.631112/31/2017 Legal General Legal Service 19.37 FIRE STATION 5 272449 168681-39258 0601.6311 J037712/31/2017 Legal General Legal Service 421.70 VERIZON ANTENNA LEASE-DIFFLEY 272450 168700-38803 6003.6311 AVERI12/31/2017 Legal Lexington Antenna Location 93.71 VERIZON SAFARI ANTENNA LEASE 272451 168698-37004 6005.6311 AVERI12/31/2017 Legal Safari Antenna Location 46.86 T-MOBILE O'LEARY ANTENNA LEASE 272452 168695-36952 6006.6311 ATMOB12/31/2017 Legal South Lakes Tower Antenna Loca 91.40 VERIZON ANTENNA LEASE-WALDEN H 272453 168699-39526 6015.6311 AVERI12/31/2017 Legal Walden Heights Monopole 1500 60.94 P1262 272454 168687-38833 8262.671612/31/2017 Project - Legal P1262 Donnywood 60.94 P1263 272455 168688-38834 8263.671612/31/2017 Project - Legal P1263 Eagandale Corp Center 2n 60.94 P1264 272456 168689-38835 8264.671612/31/2017 Project - Legal P1264 Royal Oaks 60.94 P1265 272457 168690-38836 8265.671612/31/2017 Project - Legal P1265 Blue Gentian Blue Water 45.70 P1274 272458 168691-38954 8274.671612/31/2017 Project - Legal P1274 Rocky Ln 2,284.21 NE EAGAN DEVELOPMENT-VIKINGS 272459 168685-37129 9001.2245 J030112/31/2017 Escrow - Private Development F General Fund 254.55 COUNTRY INN & SUITES 272460 168675-38908 9001.2245 J036512/31/2017 Escrow - Private Development F General Fund 515.41 WALSESR 272461 168701-39260 9001.2245 J037912/31/2017 Escrow - Private Development F General Fund 140.57 TITLE BOXING CLUB 272462 168696-39360 9001.2245 J038212/31/2017 Escrow - Private Development F General Fund 187.42 FAIRFIELD INN & SUITES 272463 168680-39358 9001.2245 J038412/31/2017 Escrow - Private Development F General Fund 274.21 PURAIR PRODUCTS 272464 168683-39436 9001.2245 J038712/31/2017 Escrow - Private Development F General Fund 167.58 PURAIR PRODUCTS 272465 168693-39487 9001.2245 J038712/31/2017 Escrow - Private Development F General Fund 121.87 BOULDER LAKES 4TH ADDN 272466 168671-39464 9001.2245 J039012/31/2017 Escrow - Private Development F General Fund 91.40 AT HOME APARTMENT SIGNS 272467 168668-39465 9001.2245 J039112/31/2017 Escrow - Private Development F General Fund 173.67 GREAT RIVER ENERGY 272468 168676-39466 9001.2245 J039212/31/2017 Escrow - Private Development F General Fund 60.94 RYDER TRUCK 272469 168694-39592 9001.2245 J039412/31/2017 Escrow - Private Development F 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REIMBURSEMENT GINA - TONER 272124 011618 0501.62201/25/2018 Operating Supplies - General General & Admn-Finance 74.80 196080 1/26/2018 100387 EAGAN GENERAL REPAIR 65.00 SKATE AID REPLACMENT 272113 26779 6602.62301/25/2018 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 65.00 196081 1/26/2018 150747 EAGAN KICK-START ROTARY CLUB 220.00 Q1 2018 A. PIMENTAL 272125 292 3001.64761/25/2018 Conferences/Meetings/Training General/Admn-Recreation 220.00 196082 1/26/2018 115589 EAGAN SENIOR BOARD 1,162.00 SENIOR BOARD-HOLIDAY LUNCH 272126 18-001 3078.22501/25/2018 Escrow Deposits Senior Citizens 195.00 QUILT RAFFLE CHANCES 272127 18-002 3078.22501/25/2018 Escrow Deposits Senior Citizens 1,357.00 196083 1/26/2018 100060 ECM PUBLISHERS INC 32.72 PH - RAARUP 272114 562805 0401.63591/25/2018 Legal Notice Publication General & Admn-City Clerk 24.54 PH - CITY HALL VARIANCE 272115 562806 0401.63591/25/2018 Legal Notice Publication General & Admn-City Clerk 98.16 NOTICE OF PH FOR IMPROVEMENTS 272116 562804 8274.67181/25/2018 Project - Other Charges P1274 Rocky Ln 98.16 NOTICE OF PH FOR IMPROVEMENTS 272117 562803 8265.67181/25/2018 Project - Other Charges P1265 Blue Gentian Blue Water 98.16 NOTICE OF PH FOR IMPROVEMENTS 272118 562802 8264.67181/25/2018 Project - Other Charges P1264 Royal Oaks 98.16 NOTICE OF PH FOR IMPROVEMENTS 272119 562800 8262.67181/25/2018 Project - 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General Site Amenity Maintenance 60.69 NUTS, BOLTS 272135 MNTC1210073 3103.62201/25/2018 Operating Supplies - General Site Amenity Maintenance 3.57 NUTS, BOLTS 272136 MNTC1210034 3103.62201/25/2018 Operating Supplies - General Site Amenity Maintenance 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196084 1/26/2018 100451 FASTENAL COMPANY Continued... 206.16 196085 1/26/2018 144138 FISCHER MINING LLC 565.64 FILL MATERIAL FOR MAINBREAKS 272137 116231 6160.62551/25/2018 Street Repair Supplies Main Maintenance/Repair 110.29 FILL MATERIAL FOR MAINBREAKS 272138 116217 6160.62551/25/2018 Street Repair Supplies Main Maintenance/Repair 675.93 196086 1/26/2018 102640 FITZCO INC. 420.28 OPERATING SUPPLIES 272139 56124 1107.62201/25/2018 Operating Supplies - General Support Services 420.28 196087 1/26/2018 143971 FLEETPRIDE 15.88 UNIT 315 272140 89842996 9001.14151/25/2018 Inventory - Parts General Fund 15.88 196088 1/26/2018 100157 FORCE AMERICA INC 18.63 UNIT 337 272040 INØØ1-1199874 9001.141512/31/2017 Inventory - Parts General Fund 18.63 196089 1/26/2018 128904 FRESHWATER SOCIETY 270.00 ROAD SALT SYMPOSIUM- JB AND CF 272148 20180112F 2240.64761/25/2018 Conferences/Meetings/Training Street Plowing/Sanding 270.00 196090 1/26/2018 111768 FRONTIER COMMUNICATIONS OF MN 131.50 BISCAYNE AVE SAN LIFT STATION 272141 2231244-S-18010 -JAN18 6239.63521/25/2018 Telephone Circuits Lift Station Maintenanc/Repair 131.50 196091 1/26/2018 100071 G & K SERVICES 90.85 SHOP TOWELS 272142 6182856656 2401.62411/25/2018 Shop Materials Gen/Adm-Central Services 162.24 SHOP TOWELS 272143 6182856657 2401.62411/25/2018 Shop Materials Gen/Adm-Central Services 50.83 PD RUGS 272144 6182856661 3316.65691/25/2018 Maintenance Contracts Police 58.70 MAINTENANCE RUGS 272145 6182856658 3314.65691/25/2018 Maintenance Contracts Central Maintenance 38.28 CH RUGS 272146 6182856660 3315.65691/25/2018 Maintenance Contracts City Hall 26.91 ECC RUGS 272147 6182867838 6827.65691/25/2018 Maintenance Contracts Building Maintenance 22.99 FD RUGS 272149 6182867839 3313.65691/25/2018 Maintenance Contracts Fire Buildings 35.50 RUGS 272319 6182867841 6154.65351/25/2018 Other Contractual Services South Plant Building 486.30 196092 1/26/2018 147955 GALLS LLC 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196092 1/26/2018 147955 GALLS LLC Continued... 25.00 PATROL CLOTHING 272150 009137137 1104.62241/25/2018 Clothing/Personal Equipment Patrolling/Traffic 60.99 PATROL EQUIPMENT 272151 009113459 1104.62241/25/2018 Clothing/Personal Equipment Patrolling/Traffic 207.96 AC UNIFORM SHIRTS 272152 009113462 1110.62241/25/2018 Clothing/Personal Equipment Animal Control 293.95 196093 1/26/2018 151207 GEOGRAPHIC SOFTWARE SPECIALISTS INC 5,000.00 CIP-ADA SOFTWARE PURCHASE 1/3 272153 2099 3503.66601/25/2018 Office Furnishings & Equipment Equip Rev Fd-Dept 03 5,000.00 196094 1/26/2018 100465 GERTEN GREENHOUSES 3,398.00 CHEMICAL - 2017 BUDGET 272041 1212 /12 3206.624412/31/2017 Chemicals & Chemical Products Chemical Appl-Plant Health Mgt 3,398.00 196095 1/26/2018 151219 GOIFFAN, JACKIE 35.38 10493-OVRPMNT 4690 HIRTA PT 272154 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 35.38 196096 1/26/2018 100077 GOPHER ST ONE CALL 344.25 LOCATES - UTILITIES 272042 7120333 6234.635612/31/2017 One Call Service Fee Utility Locates 144.45 LOCATES - FIBER 272042 7120333 4002.656912/31/2017 Maintenance Contracts Fiber capacity project 50.00 ANNUAL FEE-2018 272317 8000333 6234.63561/25/2018 One Call Service Fee Utility Locates 538.70 196097 1/26/2018 100990 GRAINGER 115.95 ICE MELT 272155 9661895137 6603.62301/25/2018 Repair/Maintenance Supplies-Ge Building Repair & Maint. 115.95 196098 1/26/2018 145332 GRANNES, MICHAEL 60.04 MEETINGS 6/7,10/4,11/1,12/6 272047 110117 0812.647712/31/2017 Local Meeting Expenses Conferences/Training-Prot Insp 60.04 196099 1/26/2018 120340 GREEN MILL 2,343.00 NOV/DEC 2017 272048 123117 6831.685512/31/2017 Merchandise for Resale Food and Beverage 2,343.00 196100 1/26/2018 132043 HANSEN THORP PELLINEN OLSON INC. 105.00 OLD FS 1 TITLE WORK/SURVEY 272043 47840 9337.631012/31/2017 Professional Services-General Community Investment 797.50 2875 HWY 55 ROW 272049 47848 2010.631012/31/2017 Professional Services-General General Engineering 902.50 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196101 1/26/2018 100085 HARDWARE HANK Continued... 37.98 PROPANE FOR CURBSTOP REPAIR 272044 1734888 6130.626012/31/2017 Utility System Parts/Supplies Curb Stop Inspctn/Maint/Repair 78.77 REPLACE WORN BOLTS 272156 1736573 6147.62301/25/2018 Repair/Maintenance Supplies-Ge North Plant Production 48.96 OPERATING SUPPLIES 272157 1735761 1104.62201/25/2018 Operating Supplies - General Patrolling/Traffic 23.92 OPERATING SUPPLIES 272158 1736913 1104.62201/25/2018 Operating Supplies - General Patrolling/Traffic 189.63 196102 1/26/2018 100267 HAYES ELECTRIC 351.47 COLD STORAGE OUTLET 272320 4254 6146.64271/25/2018 Building Operations/Repair-Lab North Plant Building 351.47 196103 1/26/2018 138631 HEALTHEAST MEDICAL TRANSPORTATION 85.00 BLOOD DRAW 272159 18-759 9115.63101/25/2018 Professional Services-General DWI Forfeiture 85.00 196104 1/26/2018 151212 HENK, WILLIAM 64.31 MILEAGE 1/11/18-1/12/18 272163 011218 0720.63531/25/2018 Personal Auto/Parking General Admin-Planning & Zonin 64.31 196105 1/26/2018 113918 HILLYARD 218.70 CUSTODIAL EQUIP PARTS 272160 602839124 6827.62301/25/2018 Repair/Maintenance Supplies-Ge Building Maintenance 218.70 196106 1/26/2018 100860 HOISINGTON KOEGLER GROUP INC. 697.50 COMP PLAN UPDATE 272050 016-048-16 0720.631012/31/2017 Professional Services-General General Admin-Planning & Zonin 697.50 196107 1/26/2018 100627 HOME DEPOT CREDIT SERVICES 3.97 ART HOUSE SUPPLIES 272474 5016381 3106.623312/31/2017 Building Repair Supplies Structure Care & Maintenance 418.00 BLACKHAWK/TRAPP KIOSK REPAIR 272475 4016455 3105.622012/31/2017 Operating Supplies - General Vandalism Repair or Cleanup 259.56 PICNIC TABLES 272476 1016798 3103.622012/31/2017 Operating Supplies - General Site Amenity Maintenance 11.08 BRIDLE 272477 0016840 3106.623312/31/2017 Building Repair Supplies Structure Care & Maintenance 10.97 BRIDLE 272478 9017029 3106.623312/31/2017 Building Repair Supplies Structure Care & Maintenance 14.48 BRIDLE 272479 8017100 3106.623312/31/2017 Building Repair Supplies Structure Care & Maintenance 107.81 CLEANING SUPPLIES 272480 2023898 3106.622312/31/2017 Building/Cleaning Supplies Structure Care & Maintenance 199.90 TOOLS 272481 2097161 3170.624012/31/2017 Small Tools General AdmIn-Parks 618.97 MITER SAW 272482 1017572 3129.624012/31/2017 Small Tools Shop Mtn/General Repairs 101.11 TOOLS 272483 0084500 3129.624012/31/2017 Small Tools Shop Mtn/General Repairs 3.97 TOOLS 272484 3018270 3129.62401/26/2018 Small Tools Shop Mtn/General Repairs 17.85 FAUCET AERATORS 272485 3018317 3106.62331/26/2018 Building Repair Supplies Structure Care & Maintenance 383.04 TOOLS 272486 9018651 3103.62401/26/2018 Small Tools Site Amenity Maintenance 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196107 1/26/2018 100627 HOME DEPOT CREDIT SERVICES Continued... 78.33 SHOP WALL 272487 9018652 3106.62331/26/2018 Building Repair Supplies Structure Care & Maintenance 33.00 SUPPLIES 272488 9024322 3106.62331/26/2018 Building Repair Supplies Structure Care & Maintenance 175.96 SUPPLIES 272489 8018805 3103.62201/26/2018 Operating Supplies - General Site Amenity Maintenance 52.05 TOOLS 272490 8018806 3129.62401/26/2018 Small Tools Shop Mtn/General Repairs 5.99 BUILDINGS 272491 8024341 3106.62231/26/2018 Building/Cleaning Supplies Structure Care & Maintenance 23.16-SUPPLIES 272492 8190676 3103.62201/26/2018 Operating Supplies - General Site Amenity Maintenance 12.88 SUPPLIES 272493 7018954 6501.62201/26/2018 Operating Supplies - General G/A - Water Quality 49.14 PAINT SUPPLIES FOR TURNOUTROOM 272494 1016693 2270.622012/31/2017 Operating Supplies - General Building And Grounds-Mtn 3.98 PAINT SUPPLIES FOR TURNOUTROOM 272495 16834 2270.622012/31/2017 Operating Supplies - General Building And Grounds-Mtn 44.08 TURNOUT ROOM SUPPLIES 272496 9017024 2270.622012/31/2017 Operating Supplies - General Building And Grounds-Mtn 4.26 WALLHANGAR SUPPLIES 272497 8023664 2270.622012/31/2017 Operating Supplies - General Building And Grounds-Mtn 4.40 PARTS FOR TRUCK 148 272498 5018070 2240.62311/26/2018 Mobile Equipment Repair Parts Street Plowing/Sanding 77.89 SUPPLIES 272499 6081956 6602.623012/31/2017 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 2,669.51 196108 1/26/2018 101708 HONSA LIGHTING SALES & SVC. INC. 366.30 LIGHT BULBS 272051 82702 6827.623312/31/2017 Building Repair Supplies Building Maintenance 139.60 LIGHT BULBS 272161 82728 3304.62331/25/2018 Building Repair Supplies Bldg/Facilities Maintenance 201.74 LIGHT BULBS 272162 82797 3304.62331/25/2018 Building Repair Supplies Bldg/Facilities Maintenance 118.50 LIGHT BULBS 272164 82798 3304.62331/25/2018 Building Repair Supplies Bldg/Facilities Maintenance 826.14 196109 1/26/2018 141048 HORNSTEIN, CHERYL 2,000.00 FIRST PAYMENT WINTER 272171 1-011718 3057.63201/25/2018 Instructors Preschool Programs 2,000.00 196110 1/26/2018 100089 HOSE CONVEYORS INC 99.39 PUMP HOUSE/WASH DOWN SUPPLIES 272165 00071819 2270.62201/25/2018 Operating Supplies - General Building And Grounds-Mtn 99.39 196111 1/26/2018 133148 HOUSE OF PRINT 272.02 BROCHURE ITEMS 272166 043500 3001.635712/31/2017 Advertising/Publication General/Admn-Recreation 8,061.35 2018 PAYABLE 272166 043500 0904.637012/31/2017 General Printing and Binding Discover Parks Brochure 8,333.37 196112 1/26/2018 148985 HP INC. 2,884.56 COMPUTER REPLACEMENT 272167 59510310 6010.66701/25/2018 Other Equipment Trapp Farm Antenna Location 1,250.00 COMPUTER REPLACEMENT 272168 59512090 6101.66701/25/2018 Other Equipment Water -Administration 906.80 ANGELA LAPTOP 272169 59512382 1105.66601/25/2018 Office Furnishings & Equipment Investigation/Crime Prevention 204.00 2017 EXPENSE - MS MONITOR 272172 59530627 6801.66601/25/2018 Office Furnishings & Equipment General & Administrative 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196112 1/26/2018 148985 HP INC.Continued... 612.00 2017 EXPENSE - P&R MONITOR 272173 59530630 3001.66601/25/2018 Office Furnishings & Equipment General/Admn-Recreation 5,857.36 196113 1/26/2018 151218 HUFF, SCOTT 31.32 10493-OVRPMNT 868 WESCOTT SQUA 272170 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 31.32 196114 1/26/2018 101840 IACP 150.00 IACP DUES-2018 PIKE 272180 2018-PIKE 1101.64791/25/2018 Dues and Subscriptions General/Admn-Police 150.00 196115 1/26/2018 143243 IMPACT PROVEN SOLUTIONS 1,666.65 UTILITY BILL MAILING-DEC 17 272059 129734 6101.653512/31/2017 Other Contractual Services Water -Administration 1,666.65 UTILITY BILL MAILING-DEC 17 272059 129734 6201.653512/31/2017 Other Contractual Services San Sewer-Administration 3,333.30 196116 1/26/2018 109142 ISD 196 1,139.25 ISD196 TRANSPORTATION 272324 31 3075.655012/31/2017 Transportation Services CDBG - Teens 1,139.25 196117 1/26/2018 142544 JEDLICKI INC., G.F. 36,058.40 CONT 17-03 PMT 5 FINAL 272060 110117 6542.6710 P123812/31/2017 Project - Contract Capital Proj-WQ dedictn-cr1127 36,058.40 196118 1/26/2018 143645 JOBSINMINNEAPOLIS.COM 8,240.00 RECRUITMENT 1/11/18-1/10/19 272181 196010 1001.63581/25/2018 Employment Advertising General/Admn-Human Resources 8,240.00 196119 1/26/2018 149254 JT SERVICES 1,575.00 CENTRAL AREA LED INVENTORY 272174 JT18-012-03 6301.64321/25/2018 Utility System Repair-Labor Street Lighting 1,575.00 196120 1/26/2018 151221 KAUP, CASEY 18.99 10493-OVRPMNT 4625 LENORE LN 272175 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 18.99 196121 1/26/2018 145594 KDH DEFENSE SYSTEMS INC. 1,084.52 PUBLIC SAFETY SUPPLIES 272176 66781 1104.62261/25/2018 Public Safety Supplies Patrolling/Traffic 1,084.52 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196122 1/26/2018 145418 KOPEL, CORY Continued... 224.93 10493-OVRPMNT 4739 BEACON HILL 272177 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 224.93 196123 1/26/2018 138099 KRITZECK, MARK 29.96 BACKGROUND MEALS 272182 011018 1101.63101/25/2018 Professional Services-General General/Admn-Police 29.96 196124 1/26/2018 114174 KUSTOM SIGNALS, INC. 2,200.00 PRO LASER RADAR, PATROL 272052 548890 1104.622612/31/2017 Public Safety Supplies Patrolling/Traffic 2,200.00 196125 1/26/2018 131038 LANDS END BUSINESS OUTFITTERS 95.00 CLERICAL UNIFORM SETUP COST 272178 SIN5711055 1107.62241/25/2018 Clothing/Personal Equipment Support Services 95.00 196126 1/26/2018 151228 LANG, LESLIE 66.14 10493-OVRPMNT 1607B CLEMSON DR 272179 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 66.14 196127 1/26/2018 100644 LANGUAGE LINE SERVICES 21.46 LANGUAGE LINE-INTERPRETER 272061 4233497 1104.631012/31/2017 Professional Services-General Patrolling/Traffic 21.46 196128 1/26/2018 101055 LEFFLER PRINTING COMPANY INC. 3,128.00 EXPERIENCE JAN/FEB 2018 272183 20167 0902.63701/25/2018 General Printing and Binding Experience Eagan Newsletter 3,128.00 196129 1/26/2018 128864 LEGACY CREATIVE IMAGES 350.00 PHOTOGRAPHER TRACK 272184 1225 3057.63201/25/2018 Instructors Preschool Programs 350.00 196130 1/26/2018 144376 LEPPONES, KRISTEN 30.00 ICE SHOW TRYOUT JUDGE 272185 011618 6606.65351/25/2018 Other Contractual Services Ice Show 30.00 196131 1/26/2018 100490 LIFEWORKS 25.66 BLDG CLEANING CONTRACT 272053 009285 3106.653712/31/2017 Janitorial Service Structure Care & Maintenance 25.66 196132 1/26/2018 147898 LITIN 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196132 1/26/2018 147898 LITIN Continued... 177.32 PLATES AND FORKS 272186 490357 0201.64771/25/2018 Local Meeting Expenses General & Admn-Admn 214.07 CONCESSION RESALE 272186 490357 6609.68551/25/2018 Merchandise for Resale Concession Sales/Vending 391.39 196133 1/26/2018 141510 MADISON NATIONAL LIFE 4,818.44 LTD BILL-JAN 2018 272197 8862-0118 9592.61521/25/2018 Life Benefit Accrual 4,818.44 196134 1/26/2018 141756 MARCO 361.68 COPIER STAPLES CH 272187 INV4918965 0301.62101/25/2018 Office Supplies IT-Gen & Admn 361.68 196135 1/26/2018 139121 MARCO INC. 1,782.82 COPIERS/PRINTERS 272188 21983436 0301.65691/25/2018 Maintenance Contracts IT-Gen & Admn 195.89 COPIERS/PRINTERS 272188 21983436 6101.65691/25/2018 Maintenance Contracts Water -Administration 29.27 COPIERS/PRINTERS 272188 21983436 6501.65691/25/2018 Maintenance Contracts G/A - Water Quality 30.85 COPIERS/PRINTERS 272188 21983436 6601.65691/25/2018 Maintenance Contracts General/Administrative-Arena 212.78 COPIERS/PRINTERS 272188 21983436 6801.65691/25/2018 Maintenance Contracts General & Administrative 3,439.38 COPIERS 272189 21983437 0301.65691/25/2018 Maintenance Contracts IT-Gen & Admn 377.91 COPIERS 272189 21983437 6101.65691/25/2018 Maintenance Contracts Water -Administration 56.47 COPIERS 272189 21983437 6501.65691/25/2018 Maintenance Contracts G/A - Water Quality 59.51 COPIERS 272189 21983437 6601.65691/25/2018 Maintenance Contracts General/Administrative-Arena 410.48 COPIERS 272189 21983437 6801.65691/25/2018 Maintenance Contracts General & Administrative 6,595.36 196136 1/26/2018 100118 MARKS TOWING 75.00 UNIT 1110 272190 478056 9001.14151/25/2018 Inventory - Parts General Fund 250.00 TOWING CHARGE-E4 272191 477213 1224.65381/25/2018 Towing Charges Engineer 325.00 196137 1/26/2018 101095 MCPA 45.00 MCPA DUES, CRIME PREV.272198 2018 1104.64791/25/2018 Dues and Subscriptions Patrolling/Traffic 45.00 196138 1/26/2018 151196 METLIFE 546.00 METLIFE 272192 50692359 9592.20351/25/2018 Ded Payable-Met Law Benefit Accrual 546.00 196139 1/26/2018 100710 METRO COUNCIL ENVIRONMENTAL SVCS 440,841.29 WASTE WATER SERVICE - FEB 272199 0001076798 6201.65751/25/2018 MCES Disposal Charges San Sewer-Administration 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196139 1/26/2018 100710 METRO COUNCIL ENVIRONMENTAL SVCS Continued... 440,841.29 196140 1/26/2018 100452 METRO VOLLEYBALL OFFICIALS ASN 120.00 MEN'S VOLLEYBALL OFFICIALS 272193 189 3041.63271/25/2018 Sporting Event Officials Adult Volleyball-Men 120.00 WOMEN'S VOLLEYBALL OFFICIALS 272193 189 3042.63271/25/2018 Sporting Event Officials Adult Volleyball-Women 240.00 CO-REC VOLLEYBALL OFFICIALS 272193 189 3043.63271/25/2018 Sporting Event Officials Adult Volleyball-Co-Rec 480.00 196141 1/26/2018 146784 MID NORTHERN SERVICES 5,822.50 MAINT WORK- CONTROLLER A SYS 272194 24260 6301.64321/25/2018 Utility System Repair-Labor Street Lighting 5,822.50 196142 1/26/2018 102753 MINNCOR INDUSTRIES 50.00 BUSINESS CARDS 272195 SOI-066243 2401.62101/25/2018 Office Supplies Gen/Adm-Central Services 50.00 196143 1/26/2018 100664 MN CHILD SUPPORT 586.52 PAYROLL ENDING 1/20/1 272500 GARNISHMENT 1/20/18 9592.20301/26/2018 Ded Pay - 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Seniors 367.50 196180 1/26/2018 143557 RANDSTAD (R) 913.59 EVID TECH 12/31-1/6/18 272259 R22391865 9695.65611/25/2018 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 878.45 EVID TECH 1/7-1/13/18 272260 R22425333 9695.65611/25/2018 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,792.04 196181 1/26/2018 110070 RDO EQUIPMENT CO. 196.35 UNIT 125 272254 W43678 9001.14151/25/2018 Inventory - Parts General Fund 196.35 196182 1/26/2018 142747 RHINO MARKING & PROTECTION SYSTEMS 63.00-CREDIT FOR LOCATING FLAGS 272328 CM 011518 EAGAN 6234.62301/25/2018 Repair/Maintenance Supplies-Ge Utility Locates 1,959.45 LOCATING FLAGS 272329 79282 6234.62301/25/2018 Repair/Maintenance Supplies-Ge Utility Locates 63.00 LOCATING FLAGS 272330 79295 6234.62301/25/2018 Repair/Maintenance Supplies-Ge Utility Locates 1,959.45 196183 1/26/2018 141887 RT VISION INC. 1,700.00 ONEOFFICE/EGRAM UPGRADE 272261 2017-100117 9375.63101/25/2018 Professional Services-General Major Street 1,700.00 196184 1/26/2018 149711 SAFE-FAST INC. 183.92 STORM PIPE REPAIR 272067 INV193755 6438.622212/31/2017 Medical/Rescue/Safety Supplies Storm Main Maintenance/Repair 183.92 196185 1/26/2018 116213 SAFETY SIGNS 1,129.85 SEWER LINING PROJECT 272068 17003793 6249.6630 P125512/31/2017 Other Improvements Sewer Main Repair 1,129.85 196186 1/26/2018 143153 SCIPIONI, CHRISTINA 95.23 MILEAGE 12/1-12/12/17 272073 121217 0401.635312/31/2017 Personal Auto/Parking General & Admn-City Clerk 95.23 196187 1/26/2018 100187 SEH 14,713.14 PROJECT RESPRESENTATIVE SERVIC 272069 344068 8225.671312/31/2017 Project - Outside Engineering P1225 Northwest Park Way Exten 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 25Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196187 1/26/2018 100187 SEH Continued... 218.56 L1900 ENGINEER COSTS 272301 344908 6005.6310 ATMOB12/31/2017 Professional Services-General Safari Antenna Location 196.99 L1900 ENGINEER COSTS 272301 344908 6003.6310 ATMOB12/31/2017 Professional Services-General Lexington Antenna Location 228.61 L1900 ENGINEER COSTS 272301 344908 6008.6310 ATMOB12/31/2017 Professional Services-General Yankee Doodle Antenna Location 276.87 NEWTOWER ENGINEERING COSTS 272301 344908 6007.6310 ASPRI12/31/2017 Professional Services-General Sperry Antenna Location 4,468.09 PUBLIC WORKS RADIO UPDATE 272307 344949 6101.631012/31/2017 Professional Services-General Water -Administration 20,102.26 196188 1/26/2018 149397 SELL, MICHELE 220.47 CLERICAL UNIFORM CLOTHING 272074 123117 1107.622412/31/2017 Clothing/Personal Equipment Support Services 220.47 196189 1/26/2018 149647 SHETLER SI INC 97.88 SECURTIY OFFICER 272075 1016533 6847.653512/31/2017 Other Contractual Services Security 97.88 196190 1/26/2018 100193 SIGNATURE CONCEPTS 15.90 STAFF HATS 272076 886555 3304.622412/31/2017 Clothing/Personal Equipment Bldg/Facilities Maintenance 15.90 196191 1/26/2018 144292 SITEIMPROVE INC. 762.33 12/29/17-1/4/19 272262 53308 0907.65691/25/2018 Maintenance Contracts Web Page 4,620.00 1/5/18-1/4/19 272263 53307 0907.65691/25/2018 Maintenance Contracts Web Page 5,382.33 196192 1/26/2018 108338 SL-SERCO 2,136.75 DECEMBER 2017 WMETER READS 272302 11076241C 6162.631012/31/2017 Professional Services-General Meter Reading 2,136.75 DECEMBER 2017 WMETER READS 272302 11076241C 6201.631012/31/2017 Professional Services-General San Sewer-Administration 4,273.50 196193 1/26/2018 100197 SOUTH RIVER HEATING COOLING 562.91 HVAC MAINTENANCE 272255 18-17707 3314.65691/25/2018 Maintenance Contracts Central Maintenance 277.50 HVAC REPAIR 272264 18-17702 3315.65351/25/2018 Other Contractual Services City Hall 840.41 196194 1/26/2018 114471 SPRINT 28.25 POLICE STREET POST 272265 204988812-122 1104.63491/25/2018 Teleprocessing Equipment Patrolling/Traffic 28.25 196195 1/26/2018 100469 SRF CONSULTING GROUP INC 228.64 COMP PLAN- TRANS PLAN 272077 10288.00-12 2010.631012/31/2017 Professional Services-General General Engineering 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 26Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196195 1/26/2018 100469 SRF CONSULTING GROUP INC Continued... 5,262.15 PROF SERVICES CONT 17-17 P1281 272078 10775.00-5 9001.2245 J030112/31/2017 Escrow - Private Development F General Fund 5,490.79 196196 1/26/2018 125194 ST MANE SPORTING GOODS INC. 382.50 DEPARTMENT TSHIRTS (2016)272079 BC 18323 1221.622412/31/2017 Clothing/Personal Equipment Administration-Fire 382.50 196197 1/26/2018 100854 ST PAUL STAMP WORKS, INC. 22.05 272266 403380 0801.62101/25/2018 Office Supplies General & Admn-Protective Insp 22.05 196198 1/26/2018 151217 TARGET SOLUTIONS LEARNING LLC 8,138.00 TARGET SOLUTIONS SOFTWARE2018 272274 INV00000021631 1221.62701/25/2018 Computer Software Administration-Fire 8,138.00 196199 1/26/2018 116717 TEE JAY NORTH INC. 585.00 HANDICAP DOOR REPAIR 272267 31472 6827.65351/25/2018 Other Contractual Services Building Maintenance 585.00 196200 1/26/2018 117721 THOM, BRIAN 172.49 METAL BENDER TOOL 272081 121517 2401.624012/31/2017 Small Tools Gen/Adm-Central Services 172.49 196201 1/26/2018 134135 THOMSON REUTERS 225.75 CLEAR THOMSON REUTERS 272080 837461814 1105.645712/31/2017 Machinery & Equipment-Rental Investigation/Crime Prevention 225.75 196202 1/26/2018 100107 THYSSENKRUPP ELEVATOR 125.00 ELEVATOR INSPECTION 272313 3003630832 6146.65351/25/2018 Other Contractual Services North Plant Building 125.00 196203 1/26/2018 151227 TITLESMART INC. 88.57 10493-OVRPMNT 4751 BERKSHIRE W 272268 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 88.57 196204 1/26/2018 149500 TOYOTA-LIFT OF MINNESOTA 70.00 COLD STORAGE 272269 S0060098 6146.62101/25/2018 Office Supplies North Plant Building 70.00 196205 1/26/2018 121446 TREE CARE INDUSTRY ASSOCIATION 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 27Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196205 1/26/2018 121446 TREE CARE INDUSTRY ASSOCIATION Continued... 40.00 SUBSCRIPTION 272270 2018-HOVE 3201.64791/25/2018 Dues and Subscriptions Administrative/General 40.00 196206 1/26/2018 100232 UHL CO INC 420.00 ALARM MONITORING 272271 54415 3313.65691/25/2018 Maintenance Contracts Fire Buildings 420.00 CH/PD MONITORING 272272 54416 3304.65691/25/2018 Maintenance Contracts Bldg/Facilities Maintenance 420.00 ALARM MONITORING 272275 54414 6603.65691/25/2018 Maintenance Contracts Building Repair & Maint. 1,260.00 196207 1/26/2018 120163 ULINE INC. 53.00 CLEANING SUPPLIES 272308 93701146 6146.62231/25/2018 Building/Cleaning Supplies North Plant Building 53.00 BATHROOM CLEANING SUPPLIES 272308 93701146 6154.62231/25/2018 Building/Cleaning Supplies South Plant Building 283.00 272308 93701146 6154.62321/25/2018 Small Equipment Repair Parts South Plant Building 240.00 TAPE FOR TREATMENT PLANTS 272321 93873069 6146.62301/25/2018 Repair/Maintenance Supplies-Ge North Plant Building 306.00 EYEWASH TAGS & SUPPLIES 272322 93873070 6146.62221/25/2018 Medical/Rescue/Safety Supplies North Plant Building 306.00 EYEWASH TAGS & SUPPLIES 272322 93873070 6154.62221/25/2018 Medical/Rescue/Safety Supplies South Plant Building 68.50 EYEWASH TAGS & SUPPLIES 272322 93873070 6146.62301/25/2018 Repair/Maintenance Supplies-Ge North Plant Building 68.46 EYEWASH TAGS & SUPPLIES 272322 93873070 6154.62301/25/2018 Repair/Maintenance Supplies-Ge South Plant Building 475.00 N/O TAGS N/C TAGS PLANTS 272323 93900071 6146.62601/25/2018 Utility System Parts/Supplies North Plant Building 475.20 N/O TAGS N/C TAGS PLANTS 272323 93900071 6154.62601/25/2018 Utility System Parts/Supplies South Plant Building 2,328.16 196208 1/26/2018 141280 URBAN COMPANIES LLC 50,970.00 CONT 17-21 PMT 1 FINAL 272082 011118 9355.671012/31/2017 Project - Contract MAINTENANCE FACILITY EXPANSION 50,970.00 196209 1/26/2018 100464 VALLEY-RICH COMPANY INC 3,214.00 WATER MAINBREAK 272294 25067 6160.643212/31/2017 Utility System Repair-Labor Main Maintenance/Repair 3,002.00 WATER MAINBREAK 272295 25068 6160.643212/31/2017 Utility System Repair-Labor Main Maintenance/Repair 6,216.00 196210 1/26/2018 100236 VAN PAPER 200.97 PAPER PRODUCTS 272273 449259-00 6603.62231/25/2018 Building/Cleaning Supplies Building Repair & Maint. 164.06 GARBAGE BAGS 272276 450131-00 6603.62231/25/2018 Building/Cleaning Supplies Building Repair & Maint. 365.03 196211 1/26/2018 100314 VASQUEZ, LYNN 127.29 CLERICAL UNIFORM CLOTHING 272298 120817 1107.622412/31/2017 Clothing/Personal Equipment Support Services 127.29 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 28Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196212 1/26/2018 138055 VINCO INC.Continued... 1,896.00 SPERRY TOWER PROJECT 272277 010818 6129.6710 P11541/25/2018 Project - Contract Reservior Maintenance/Repair 1,896.00 196213 1/26/2018 114534 VISTAR CORPORATION 337.53 CONCESSION RESALE 272278 50761826 6609.68551/25/2018 Merchandise for Resale Concession Sales/Vending 204.43 VENDING RESALE 272279 50761827 6629.68551/25/2018 Merchandise for Resale Vending 777.72 CONCESSION RESALE 272280 50707921 6609.68551/25/2018 Merchandise for Resale Concession Sales/Vending 106.19 LUNCHABLES/POPCORN/MILK 272285 50646785 6805.68551/25/2018 Merchandise for Resale Birthday Parties 27.08 LUNCHABLES/POPCORN/MILK 272285 50646785 6831.68551/25/2018 Merchandise for Resale Food and Beverage 186.06 LUNCHABLES/POPCORN/MILK 272285 50646785 6806.68551/25/2018 Merchandise for Resale Concessions 1,639.01 196214 1/26/2018 138027 WATER CONSERVATION SERVICE INC. 364.25 LEAK DETECTION FOR MAINBREAK 272296 8117 6160.631012/31/2017 Professional Services-General Main Maintenance/Repair 294.08 LEAK DETECTION FOR MAINBREAK 272297 8132 6160.631012/31/2017 Professional Services-General Main Maintenance/Repair 658.33 196215 1/26/2018 144426 WATER RESEARCH FOUNDATION 7,855.85 WATER RESEARCH 3/1/18-2/28/19 272287 0003595-2018-1 6101.64791/25/2018 Dues and Subscriptions Water -Administration 7,855.85 196216 1/26/2018 150782 WATERMARK TITLE AGENCY 5.88 10493-OVRPMNT 1552 ASHBURY PL 272281 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 5.88 196217 1/26/2018 100549 WATSON CO INC, THE 155.09 CONCESSION RESALE 272282 884339 6609.68551/25/2018 Merchandise for Resale Concession Sales/Vending 155.09 196218 1/26/2018 100459 WEATHER WATCH INC 152.90 WEATHER WATCH-JAN 2018 272286 9276 2240.63701/25/2018 General Printing and Binding Street Plowing/Sanding 152.90 196219 1/26/2018 151220 WETTENGEL, BRENDA 248.31 10493-OVRPMNT 3061 PINE RIDGE 272283 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 248.31 196220 1/26/2018 151224 WICKS, DALE 5.61 10493-OVRPMNT 714 BRIDLE RIDGE 272284 011818 9220.22501/25/2018 Escrow Deposits Public Utilities 5.61 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 29Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196220 1/26/2018 151224 WICKS, DALE Continued... 196221 1/26/2018 150356 WOLD ARCHITECTS AND ENGINEERS 106,061.69 WOLD-CITY HALL & POLICE RENO 272293 56272 9353.672012/31/2017 Project - Architect POLICE & CITY HALL REMODEL 106,061.69 196222 1/26/2018 104542 WSB & ASSOCIATES, INC. 678.00 CMF LANDSCAPING PROF SVCS 272288 7-0-002084-200- 122817 9355.671312/31/2017 Project - Outside Engineering MAINTENANCE FACILITY EXPANSION 932.50 OHMANN DESIGN 272289 5-R-010260-000- 122817 2849.675112/31/2017 Design & Engineering (External Ohmann Park 390.75 QUARRY PARK DESIGN 272290 4-R-010695-000- 122817 2803.675112/31/2017 Design & Engineering (External Quarry Park 2,699.00 OHMANN CIP- SITE SURVEY 272291 1-R-011216-000- 122817 2849.675212/31/2017 Engineering (Field Services)Ohmann Park 2,931.75 QUARRY FINAL DESIGN 272292 1-R-011130-000- 122817 2803.675112/31/2017 Design & Engineering (External Quarry Park 621.50 PROJECT MANAGEMENT NOV 2017 272305 19-0-002084-120 -122817 8189.671312/31/2017 Project - Outside Engineering P1189 CG area landscape monume 14,192.75 FINAL DESIGN & FIELD SERVICES 272306 9-0-001380-280- 122917 8245.671312/31/2017 Project - Outside Engineering P1245 Quarry Rd 22,446.25 196223 1/26/2018 149263 WSI MANUFACTURING INC. 96.60 UNIFORM UNDERSHIRTS 272309 61016 1104.62241/25/2018 Clothing/Personal Equipment Patrolling/Traffic 81.90 PATROL UNIFORM 272310 60707 1104.62241/25/2018 Clothing/Personal Equipment Patrolling/Traffic 178.50 196224 1/26/2018 101755 XCEL ENERGY 205.28 WELL #6 272299 51-6563389-6-01 0818 6148.640912/31/2017 Electricity-Wells/Booster Stat North Well Field 196.86 WELL #16 272299 51-6563389-6-01 0818 6148.640912/31/2017 Electricity-Wells/Booster Stat North Well Field 2,222.37 WELL #7 272299 51-6563389-6-01 0818 6148.640912/31/2017 Electricity-Wells/Booster Stat North Well Field 1,099.38 WELL #17 272299 51-6563389-6-01 0818 6148.640912/31/2017 Electricity-Wells/Booster Stat North Well Field 3,723.89 196225 1/26/2018 101755 XCEL ENERGY 380.52 CONT #1627431 SPECIAL FAC CHAR 272311 51-0012076216-4 8225.67181/25/2018 Project - Other Charges P1225 Northwest Park Way Exten 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 30Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 196225 1/26/2018 101755 XCEL ENERGY Continued... -011718 380.52 196226 1/26/2018 101755 XCEL ENERGY 14,263.83 CONT #1627599 SPECIAL FAC CHAR 272312 51-0012076958-1 -011818 8225.67181/25/2018 Project - Other Charges P1225 Northwest Park Way Exten 14,263.83 20180105 1/26/2018 150536 MONEY MOVERS INC. 71.00 DECEMBER 2017 272504 105952 6807.43211/26/2018 Memberships-Taxable Fitness Center 71.00 20180108 1/26/2018 100252 FICA 31,875.97 PAYROLL ENDING 1/20/18 272517 012618 9880.20141/26/2018 Ded Payable - FICA Payroll 31,875.97 20180109 1/26/2018 100253 MEDICARE 11,583.30 PAYROLL ENDING 1/20/18 272518 012618 9880.20151/26/2018 Ded Payable - Medicare Payroll 11,583.30 20180156 1/26/2018 100249 FIT 111,795.17 PAYROLL ENDING 1/20/18 272515 012618 9880.20111/26/2018 Ded Payable - FIT Payroll 111,795.17 20180157 1/26/2018 100250 COMMISIONER OF REVENUE-PAYROLL 33,013.71 PAYROLL ENDING 1/20/18 272516 012618 9880.20121/26/2018 Ded Payable - SIT Payroll 33,013.71 20180309 1/26/2018 100693 EAGAN PAYROLL ACCT 643,697.73 PAYROLL ENDING 1/20/18 272514 012518 9001.11151/26/2018 Claim on Cash General Fund 8,515.62 PAYROLL ENDING 1/20/18 272514 012518 9197.11151/26/2018 Claim on Cash ETV 67,095.11 PAYROLL ENDING 1/20/18 272514 012518 9220.11151/26/2018 Claim on Cash Public Utilities 22,236.24 PAYROLL ENDING 1/20/18 272514 012518 9221.11151/26/2018 Claim on Cash Civic Arena 3,832.40 PAYROLL ENDING 1/20/18 272514 012518 9222.11151/26/2018 Claim on Cash Cascade Bay 38,751.91 PAYROLL ENDING 1/20/18 272514 012518 9223.11151/26/2018 Claim on Cash Central Park/Community Center 3,924.10 PAYROLL ENDING 1/20/18 272514 012518 9225.11151/26/2018 Claim on Cash Fiber Infrastructure Fund 74,627.86 PAYROLL ENDING 1/20/18 272514 012518 9592.11151/26/2018 Claim on Cash Benefit Accrual 43,459.27 PAYROLL ENDING 1/20/18 272514 012518 9592.61441/26/2018 FICA Benefit Accrual 906,140.24 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 31Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20182502 1/26/2018 115374 MN STATE RETIREMENT SYSTEM-HCSP Continued... 22,270.28 EMPLOYEE CONTRIBUTIONS 272505 012518 9592.20341/26/2018 Ded Payable-HCSP Benefit Accrual 22,270.28 20183202 1/26/2018 138969 MN STATE RETIREMENT SYSTEM-MNDCP 9,764.08 EMPLOYEE CONTRIBUTIONS 272506 012518 9592.20321/26/2018 Ded Pay - Great West Def Comp Benefit Accrual 9,764.08 20184202 1/26/2018 100892 ICMA RETIREMENT TRUST 35,581.03 EMPLOYEE CONTRIBUTIONS 272507 012518 9592.20311/26/2018 Ded Pay - ICMA Benefit Accrual 35,581.03 20185605 1/26/2018 147907 SELECT ACCOUNT 13,869.66 FLEX REIMBURSEMENT 272508 012518 9592.22151/26/2018 Flex Plan Withholding Payable Benefit Accrual 13,869.66 20186001 1/26/2018 100901 MN DEPT OF REVENUE 938.00 SALES TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9001.22701/26/2018 Sales Tax Payable General Fund 34.00 TRANSIT TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9001.22711/26/2018 Transit Imprv Tax General Fund 15.00 SALES TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9197.22701/26/2018 Sales Tax Payable ETV 1.00 TRANSIT TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9197.22711/26/2018 Transit Imprv Tax ETV 11,408.00 SALES TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9220.22701/26/2018 Sales Tax Payable Public Utilities 411.00 TRANSIT TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9220.22711/26/2018 Transit Imprv Tax Public Utilities 2,610.00 SALES TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9221.22701/26/2018 Sales Tax Payable Civic Arena 74.00 TRANSIT TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9221.22711/26/2018 Transit Imprv Tax Civic Arena 459.00 SALES TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9222.22701/26/2018 Sales Tax Payable Cascade Bay 17.00 TRANSIT TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9222.22711/26/2018 Transit Imprv Tax Cascade Bay 8,100.00 SALES TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9223.22701/26/2018 Sales Tax Payable Central Park/Community Center 294.00 TRANSIT TAX - DECEMBER 2017 272509 SALES TAX - DEC 2017 9223.22711/26/2018 Transit Imprv Tax Central Park/Community Center 1/25/2018City of Eagan 17:01:24R55CKR2LOGIS102V 32Page -Council Check Register by GL Check Register w GL Date & Summary 1/26/20181/22/2018 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20186001 1/26/2018 100901 MN DEPT OF REVENUE Continued... 24,361.00 20187001 1/26/2018 100901 MN DEPT OF REVENUE 595.95 FUEL TAX (CENT SV) DEC 17 272510 FUEL TAX - DEC 2017 2244.62351/26/2018 Fuel, Lubricants, Additives Street Equipment Repair/Mtn 8.47 FUEL TAX (EQUIP) DEC 17 272510 FUEL TAX - DEC 2017 3128.62351/26/2018 Fuel, Lubricants, Additives Vehicle Maintenance 130.37 FUEL TAX (EQUIP) DEC 17 272510 FUEL TAX - DEC 2017 3127.62351/26/2018 Fuel, Lubricants, Additives Equipment Maintenance/Repair 34.71 FUEL TAX (SEWER) DEC 17 272510 FUEL TAX - DEC 2017 6232.62351/26/2018 Fuel, Lubricants, Additives Equipment Maintenance/Repair 769.50 20188002 1/26/2018 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAY PERIOD 1/7/18-1/20/18 272511 434600-012618 9592.61461/26/2018 PERA - DCP Benefit Accrual 66,138.07 PAY PERIOD 1/7/18-1/20/18 272511 434600-012618 9592.20131/26/2018 Ded Payable - PERA Benefit Accrual 39,754.82 PAY PERIOD 1/7/18-1/20/18 272511 434600-012618 9592.61421/26/2018 PERA - Coordinated Benefit Accrual 47,410.55 PAY PERIOD 1/7/18-1/20/18 272511 434600-012618 9592.61431/26/2018 PERA - Police Benefit Accrual 153,380.40 20188502 1/26/2018 151185 HEALTHPARTNERS INC 4,492.79 DENTAL CLAIMS REIMBURSEMENT 272512 012218 9594.61581/26/2018 Dental Insurance Dental Self-insurance 4,492.79 20189001 1/26/2018 147691 HR SIMPLIFIED INC. 165.00 RETIREE ADMIN - DEC 2017 272513 54266 9592.65361/26/2018 Flex Plan Administration Fee Benefit Accrual 165.00 2,628,006.37 Grand Total Payment Instrument Totals Checks 2,628,006.37 Total Payments 2,628,006.37 1/25/2018City of Eagan 17:01:33R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 1/26/20181/22/2018 - Company Amount 953,928.8309001GENERAL FUND 85.0009115DWI Forfeiture 17,495.8609116CEDAR GROVE PARKING GARAGE 11,440.2109197ETV 713,865.2609220PUBLIC UTILITIES 45,208.8909221CIVIC ARENA 6,782.5609222CASCADE BAY 52,943.9509223CENTRAL PARK /COMMUNITY CENTER 5,114.0009225FIBER INFRASTRUCTURE FUND 8,226.5009328PARK SYS DEV AND R&R 548.4209334CEDARVALE/HWY 13 TIF 5,000.0009335EQUIPMENT REVOLVING 4,305.0009337COMMUNITY INVESTMENT 122,839.6909353POLICE & CITY HALL REMODEL 51,648.0009355MAINTENANCE FACILITY EXPANSION 45,101.3209372REVOLVING SAF-CONSTRUCTION 1,700.0009375MAJOR STREET 480.00094412008A/2017A MSA Refding Bds DS 480.00094612012 Coachman Oaks HIA-DS 480.00094622013A Tax GO TIF 480.00094632016A GO CIP Bonds 480.00094772012B Equipment Cert - DS 2,694.1709591RISK MANAGEMENT 359,621.0609592BENEFIT ACCRUAL 17.4709593WORKERS' COMPENSATION SELF-INS 4,492.7909594Dental Self-insurance 24,630.7609695DAK CO DRUG TASK FORCE 188,268.1509880PAYROLL 351.52-09990 INVESTMENT TRUST Report Totals 2,628,006.37 Agenda Information Memo February 5, 2018, 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 All Furniture, Inc. for moving services  Vendor Service Agreement with Minnesota Valley Photography Club for volunteer photography services  Sponsorship Agreements with: o Crossroads Church for the Daddy Daughter Dance o Sun Thisweek for event advertisements o At Home Apartments for Market Fest o City County Credit Union for Movies in the Park o New Horizon Academy for the Big Rig Rally, Movies in the Park, Puppet Wagon and Halloween Hodgepodge o Argosy University for Market Fest o Twin Cities Wellness Radio for event advertisements o Urgency Room for Market Fest and the Food Truck Festival  Entertainment Agreements with: o Eagan Men’s Chorus for Community Connections and Holz Farm events o Dan Rumsey for Community Connections o Exit 185 for the Food Truck Festival  Contract with Minnesota Natural Landscapes, Inc. for woodland restoration and buckthorn removal services  Lease Agreement with St. Croix Harley-Davidson for the lease of a police motorcycle  Professional Services Agreement with OPG-3 Inc. for Laserfiche support services Attachments: (0) The contracts are available from the City Clerk’s Office. Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA E. APPROVE Plans & Specifications, Contract 18-06 (Police Department and City Hall Renovation) and Authorize Advertisement of Bids Action To Be Considered: APPROVE Plans & Specifications, Contract 18-06 (Police Department and City Hall Renovation), and Authorize Advertisement of Bids Facts:  On May 2, 2017, the City Council approved a contract with Wold Architects and Engineering for architectural design services and construction support for building improvements at the Police Department and City Hall.  Over the past nine months, the Wold team have led an inclusive and participatory process to prepare schematic and final designs for the building modifications, which were approved by Council on December 19, 2017.  A competitive bidding process is scheduled to occur over the next two months to seek a qualified contractor for the project.  The contract award is anticipated for Council approval on March 20, 2018, with construction beginning in May 2018. Attachments: (0) ➢ Copies of the plans and specifications are available in Administration. Agenda Information Memo February 5, 2018 Eagan City Council Meeting Consent Agenda F. Authorize final payment and close out contract 17-10, 2017 fiber expansion to NE Eagan, Art House and Well 22 Action To Be Considered: Authorize final payment and close out contract 17-10, 2017 fiber expansion to NE Eagan, Art House and Well 22. Facts: ➢Contract 17-10 combined four fiber construction projects into one RFP. These projects were extending fiber along Lone Oak Parkway to Vikings Parkway (Base Bid), extending fiber from Wescott Road/Lexington to the Eagan Art House (Alternate Bid 1), extending fiber from Pilot Knob Road and Central Parkway to Well #22 (Alternate Bid 2) and some miscellaneous splices at splice point #1 (Alternate Bid 3). ➢On April 18, 2017, the City Council awarded the contract to ComLink Midwest LLC, for the Base Bid ($61,771.14), Alternate Bid 1($55,719.00), and Alternate Bid 3 ($1,400.00) for a total contract amount of $118,890.24. ➢Alternate Bid 3, miscellaneous splices, was initially accepted. However, it was later determined that the work was no longer needed, and was removed from the scope of work. The work was not performed, and the total contract is deducted $1,400.00 to $117,490.24. ➢These improvements have been completed, tested, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ➢Final payment of contract 17-10 will be in the amount of $5,874.74 to ComLink Midwest, LLC. Attachments: (0) Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA F. Authorize final payment and close out contract 17-10, 2017 fiber expansion to NE Eagan, Art House and Well 22 Action To Be Considered: Authorize final payment and close out contract 17-10, 2017 fiber expansion to NE Eagan, Art House and Well 22. Facts: ➢ Contract 17-10 combined four fiber construction projects into one RFP. These projects were extending fiber along Lone Oak Parkway to Vikings Parkway (Base Bid), extending fiber from Wescott Road/Lexington to the Eagan Art House (Alternate Bid 1), extending fiber from Pilot Knob Road and Central Parkway to Well #22 (Alternate Bid 2) and some miscellaneous splices at splice point #1 (Alternate Bid 3). ➢ On April 18, 2017, the City Council awarded the contract to ComLink Midwest LLC, for the Base Bid ($61,771.14), Alternate Bid 1($55,719.00), and Alternate Bid 3 ($1,400.00) for a total contract amount of $118,890.24. ➢ Alternate Bid 3, miscellaneous splices, was initially accepted. However, it was later determined that the work was no longer needed, and was removed from the scope of work. The work was not performed, and the total contract is deducted $1,400.00 to $117,490.24. ➢ These improvements have been completed, tested, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ➢ Final payment of contract 17-10 will be in the amount of $5,874.74 to ComLink Midwest, LLC. Attachments: (0) Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA G. Accept grant amendment from the State of Minnesota on behalf of Dakota County Drug Task Force and approve resolution authorizing execution of the agreement. Action to be Considered: To approve a resolution and accept the amendment to the 2017 grant on behalf of the Dakota County Drug Task Force. Facts:  The Dakota County Drug Task Force has received state and federal grant funds since its inception in 1988.  One municipality has always acted as its fiscal agency. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for bookkeeping, budgeting and grant administration.  The State of Minnesota Office of Justice Programs has awarded the Drug Task Force $295,546 for 2018. The Dakota County Drug Task Force uses this funding to supplement the administration of the unit.  A copy of the grant amendment is attached for the M ayor and City Clerk to endorse.  Along with the grant contract for signature is the resolution authorizing execution of the agreement. Attachments: (2) CG-1 Grant Amendment CG-2 Resolution Grant Agreement Amendment Page 1 of 2 DPS Grant Agreement Amendment (04/14) Minnesota Department of Public Safety (“State”) Commissioner of Public Safety Office of Justice Programs 445 Minnesota Street , Suite 2300 St. Paul, MN 55101-2139 Grant Program: Violent Crime Enforcement Teams 2017 Grant Agreement No.: A-VCET-2017-EAGANCI- 00019 Grant Amendment No.: 1 Grantee: City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Grant Agreement Term: Effective Date: 1/1/2017 Expiration Date: 12/31/2017 12/31/2018 Grant Matching Requirement: Original Agreement Amount $0.00 Previous Amendment(s) Total $0.00 Current Amendment Amount $0.00 Total Agreement Amount $0.00 Grantee Agreement Amount: Original Agreement Amount $295,546.00 Previous Amendment(s) Total $0.00 Current Amendment Amount $295,546.00 Total Agreement Amount $591,092.00 In this Amendment deleted agreement terms will be struck out and added agreement terms will be underlined. Revision 1. Exhibit A of the Original Grant Agreement is replaced by Revised Exhibit A which is attached and incorporated into this Grant Agreement. Any references to Exhibit A in the Original Grant Agreement now refer to Revised Exhibit A. Revision 2. Special Conditions of the Original Grant Agreement is amended as follows: 1. Time limitations on funding use: $92,573.57 $346,812.14 is available from January 1, 2017 through September 30, 2017 September 30, 2018. $202,972.43 $249,279.86 is available from January 1, 2017 through December 31, 2017 December 31, 2018. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Grant Agreement Amendment Page 2 of 2 DPS Grant Agreement Amendment (04/14) The Original Grant Agreement and all previous amendments are incorporated into this amendment by reference. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By: _______________________________________________ (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ Grant Agreement No. A-VCET-2017-EAGANCI-00019/3-44531 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: ________________________________________________ Title: ______________________________________________ Date: _______________________________________________ By: ________________________________________________ Distribution: DPS/FAS Title: ______________________________________________ Grantee State’s Authorized Representative Date: _______________________________________________ Violent Crime Enforcement Teams 2017 Revised - EXHIBIT A Organization: Eagan, City of A-VCET-2017-EAGANCI-00019 Budget Summary Violent Crime Enforcement Teams: DCDTF Budget Category Award Personnel   Personnel $156,000.00 Total $156,000.00 Office Expenses   Office Expenses $34,400.00 Total $34,400.00 Program Expenses   Program Expenses $13,000.00 Total $13,000.00 Other Expenses   Other Expenses $279,200.00 Total $279,200.00 Contract Services   Contract Services $38,400.00 Total $38,400.00 Confidential Funds   Confidential funds $70,092.00 Total $70,092.00 Total $591,092.00 Page 1 of 101/08/2018 CITY OF EAGAN RESOLUTION ACCEPTING DONATION/GRANT TO THE CITY OF EAGAN ON BEHALF OF THE DAKOTA COUNTY DRUG TASK FORCE State of Minnesota WHEREAS, the City Council of the City of Eagan encourages public donations/grants to help defray the costs; and WHEREAS, the State of Minnesota has presented the City of Eagan on behalf of the Dakota County Drug Task Force with a donation/grant in the amount of $295,546.00 to support drug task force operations; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation/grant is hereby accepted for use by the Dakota County Drug Task Force. ADOPTED this 5th day of February, 2018. CITY OF EAGAN CITY COUNCIL By: ____________________ It’s Mayor Attest: __________________ It’s Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA H. Accept Federal High-Intensity Drug Trafficking Area grant on behalf of the Dakota County Drug Task Force Action to be considered: To accept a $150,000 federal High-Intensity Drug Trafficking grant on behalf of the Dakota County Drug Task Force. Facts:  The High-Intensity Drug Trafficking Areas Program (HIDTA) is managed by the Office of National Drug Control Policy. The mission of the HIDTA program is to disrupt the market for illegal drugs in the U.S. by assisting law enforcement agencies.  The Dakota County Drug Task Force is a primary law enforcement agency in Dakota County fighting drug trafficking and violent crime.  The City of Eagan is the fiscal agent for the Dakota County Drug Task Force. The City is responsible for bookkeeping, budgeting and grant administration.  The Office of National Drug Control Policy has awarded the Drug Task Force $150,000 for 2018 and 2019. The Dakota County Drug Task Force will use this grant for funding HIDTA initiatives.  A copy of the grant agreement requiring the City Administrator’s signature is attached. Attachments: (1) CH-1 Grant Agreement OMB Number: 4040-0004 Expiration Date: 10/31/2019 Application for Federal Assistance SF -424 * 1. Type of Submission: ❑ Preapplication ® Application ❑ Changed/Corrected Application 2. Type of Application: * If Revision, select appropriate letter(s): ® New ❑ Continuation * Other (Specify): ❑ Revision * 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: 5b. Federal Award Identifier: N/A State Use Only: 6. Date Received by State: 7. State Application Identifier: S. APPLICANT INFORMATION: * a. Legal Name: City of Eagan * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS: 0717895560000 41-0847612 1 d. Address: *Streetl: 3830 Pilot Knob Rd Streetl: * City: Eagan County/Parish: * State: MN: Minnesota Province: *Country: USA: UNITED STATES * Zip / Postal Code: 55122-1810 e. Organizational Unit: Department Name: Division Name: Dakota County Drug Task Force f. Name and contact information of person to be contacted on matters involving this application: Prefix: f ] * First Name: Middle Name: F * Last Name: o ' Leary Alexandra Suffix: Title: Accountant Organizational Affiliation: * Telephone Number: 651-675-5032 Fax Number: l *Email: aoleary@cityofeagan.com Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: X: Other (specify) Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): Local government * 10. Name of Federal Agency: ONDCP 11. Catalog of Federal Domestic Assistance Number: 95.001 CFDA Title: * 12. Funding Opportunity Number: HIDTA * Title: HIDTA 13. Competition Identification Number: N/A Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Dakota County Drug Task Force agencies . docx Add Attachment Delete Attachment View Attachment * 15. Descriptive Title of Applicants Project: High Intensity Drug Trafficking Areas Program - East Metro Initiative Attach supporting documents as specified in agency instructions. Add Attachments Delete .Attachments I View Attachments Application for Federal Assistance SF -424 16. Congressional Districts Of: *a. Applicant [-0oz *b. Program/Project mrr-ooz Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment 17. Proposed Project: * a. Start Date: 01/01/2018 * b. End Date: 12/31/2019 18. Estimated Funding ($): • a. Federal 150, 000.00 • b. Applicant • c. State • d. Local * e. Other • f. Program Income 150,000.00 •g. TOTAL • 19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Yes ® No If "Yes", provide explanation and attach Add Attachment Delete Attachment View Attachment 21. *By signing this application, I certify (1) to the statements contained in the list of certifications*• and (2) that the statements herein are true, complete and accurate to the best of my knowledge. 1 also provide the required assurances** and agree to comply with any resulting terms if 1 accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: * First Name: Dave Middle Name: * Last Name: losberg Suffix: • Title: City Administrator * Telephone Number: 651-675-5007 Fax Number: *Email: dosberg@cityofeagan.com *Signature of Authorized Representative: • Date Signed: o — O O O N O� O f= O E ❑ 7 � Z p m 2 LO O K w Z 0 H Q O LL z H W D D m Q M F W D M m Q z O H V W CO) cri ri N Q E 0 LL N m w a N O Q l6 3 2 U m O T a N U a 0 0 0 0 0 0 0 0 0 0 0 N 0 Ln vi H u d Cf a o m � ` a a Li m e o z 0Li 3 d � 0 0 0 0 0 0 Ln H 'i 0 0 0 0 0 0 Ln N m N ao v LL Efi fH L d V LL a a LL Z M Li Li m w aL v� tsf a O c m m E � Lv � �- w LL m � v LL .y df Y! .0 O Q E c� .. O _ y ZCD A E o 00 O m O � c 0.- 2: ILso w c C Q :� LL E ~ 0 G H x r N M qi mi cri ri N Q E 0 LL N m w a N O Q l6 3 2 U m O T a N U a 0 W_ w 0 0 W Q V F W D m m Z _0 H V W U) 0 0 0 0 0 0 0 0 0 0 0 C! 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r 0 Ln 0 .a 0 N 0 H 0 in ri H Ll J L J L H U L L Li d} 4i 4i 4i iR H L L L H r_ � I Q O Z U d L H H H H hO H U _ v ZR 4) 4). 4? L=L O H Z I j L d H H Ha 40 4'! E9 E 0 0 0 0 c 0 r 0 0 0 0 c 0 N 0 0 0 0 0 0 ri Ld HEH 0 0 0 0 0 0 N 0 0 0 0 0 0 u7 ri 0 0 0 0 0 0 Ifl N A N x 43 4�i 44 t ea co w O 3 � C y t6 G1 L y C u E) E d t0 d dO 0 � 7 5 U t .'.A, d 0 E y i E 0 N E y d — •O. �a ++ O % '� i C !0 7 w in C O V t 0 O IL LL �= V d m u 'd ai ch s ._ :c o 0 a` ;�- N CD N � N 0 aco 13 'xi 0 0 0 0 N d 0 0 0 0 O_ m 3 1i0. O � N u V* 0 0 L 0 0 ` • M M W T Vi 7 L CY ate+� 0 j N W O a a v► ar 0 0 o 0 w = c� z 0 0 o o F U. Q z V LL O N3 (71 Z ^ CI) N a m �N O 0 Wv V W � L=L 641 -EN Z V! ER LL V! 69. Q N = N o o o o Q W O LL ` �. (aj n Ln LU Z V Q W C! n m m W Z r y H W C W Q h p ii p N N LU am zw LL w ° .... oLL J W ? U. v► us u► to G tr► tw Z o o o o W LL Z LL O O V R d o o o 0 U. 0 P W N N Ln LnW L Q � w R H W � H M ffi ffi E9 Q m W E O CO O o a W a c T �a N w os T l) �D T.- C 4) 4 C E O O O H E E V i H L EE O 6L zO O Q Y. cd Q) G T r T N T c" M T T L6 T tC T V.: T C T O; T C N r N M N ;�- N CD N � N 0 aco 13 'xi OMB Number: 4040-0007 Expiration Date: 01/31/2019 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 4248 (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally -assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION City of Eagan 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. TITLE City Administrator DATE SUBMITTED Standard Form 424B (Rev. 7.97) Back corn or 00 O N 2 M � r O E = c Z p m -- 2.9 O C- x w U 47 O C -0 N 3 U ^ N o a fa pj cc C o i N E 2 U a,a0 w To U H t y c 0 E .n U o cm n LO a) c 3 O w o 76 a O 01 OU m Z C Wa x 105 >, L , n to N 3 C o U n o o co cA GF.� 6% 609, va 6p* 6% 69# 60* 6% 6pt 6a� 6 Z Oc c y Z Q LL O w N Lk JJ Lk ON t y O lC w O U LL U ❑ w N Z u- .0 W� ~ � m � o cd L ar c W m n � Ei? Efl Ef} ER d9 ER E9 Ei? Ei3 EA b9 609 ffl EA 69 69 aj U L u co 3 a) o cm a o ,o co viLO ,ti 0 C cc y L a m y a3 N n 3 V N LLC to Z p N X N 3 >' cm c C `; ` O LL r OL m H a 0 o -0 ayi ~ V5 0 Vh a ca 4)aci "O cn O O CS LL a) L y 0)W N O p C U N p LL N (% c C T C N c O' d V U Q) c c Q J C6 a) O. N U L `. y N @ O> � fL6 ID a) C a) O. (c6 C �, O J J O rn a rn E L�L~ v> cL° 2 0 L c o � aci c ac) H Q a CcLOL— 0 c 3 O Ecc 3 V m m O F � O r Ncu y C c C 02 J¢ O a N ❑ U w co U (n (L F- LL U w ti N M I�t L6 Cp ZO r N C7 4 L6 6 r--: 06 O r r r r r r r ASSURANCES - CONSTRUCTION PROGRAMS OMB Number: 4040-0009 uaie: uuavzuia Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 11. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE City Administrator APPLICANT ORGANIZATION DATE SUBMITTED City of Eagan SF -424D (Rev. 7-97) Back CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an 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. (2) 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 undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, 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. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * APPLICANT'S ORGANIZATION City of Eagan ] * PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: * First Name: Dave J Middle Name: * Last Name: 0sberg Suffix: * Title: City Administrator * SIGNATURE:i * DATE: DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 0348-0046 1. * Type of Federal Action: 2. * Status of Federal Action: 3. * Report Type: Fla. contrail a. bid/offer/application Fx� a. initial filing FRI b. grant b. initial award b. material change ❑ c. cooperative agreement c. post -award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: nX Prime nSubAwardee • Name City of Eagan • Street 1 3830 Pilot Knob Rd Street 2 'fir Eagan State MN Trp 55122 Congressional District, if known: MN -002 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: 6. * Federal Department/Agency: 7. * Federal Program Name/Description: ONDCP H I DTA CFDA Number, ff applicable: 95.001 8. Federal Action Number, if known: 9. Award Amount, if known: $ 1150,000 10. a. Name and Address of Lobbying Registrant: Prefix e First Name NIA Middle Name • Last NameNIA Suffix • Street 1 Street 2 `City State zip b. Individual Performing Services (including address if differentfrom No. 10a) Prefix' First Name NIA Middle Name •Last Name ENIA Sufrx • Street 1 7- Street 2 "City State Zip 11. Information requested through this form is authorized by lige 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Completed on submission to Grants.gov 'Name: Prefix First Name Dave Middle Name 'Last Name Osberg Suffix Title: Telephone No.: F Date: Completed on submission to Grants.gov Federal Use Only: Authorized for Local Reproduction Standard Form. LLL(Rev. 7A7) Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA I. Contract No. 18-01 2018 Street Revitalization Action To Be Considered: Approve the plans and specifications for Contract No. 18-01 (2018 Street Revitalization) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 8, 2018. Facts:  Contract 18-01 provides for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Galaxie Avenue - Project No. 1258 o Heine 1st Addition - Project No. 1259 o Evergreen Park Addition - Project No. 1260 o Wilderness Run 4th, 5th & 6th Additions - Project No. 1261 o Donnywood - Project No. 1262 o Discovery Road & Columbia Drive - Project No. 1263 o Wescott Woodlands – Project No. 1264 o Blue Gentian Road / Blue Water Road – Project No. 1265 o Rock Lane – Project No. 1274  Contract 18-01 also provides for the reconstruction of 120th Street (Pine Lane to Biscayne Avenue), as approved in the 2017-2021 Capital Improvement Plan.  On December 5, 2017, the City Council held public hearings for Project Nos. 1258, 1259, 1260, and 1261. On January 16, 2018, the City Council held public hearings for Project Nos. 1262, 1263, 1264, 1265 and 1275. The corresponding Council approval of these projects included the authorization of the preparation of detailed plans and specifications for the 2018 construction season.  These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed, are available in the City Engineering office for review, and are being presented to the City Council for their approval and authorization for the advertisement of bids.  All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements.  Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to th e standard low-bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance.  BVC uses the relationship between performance and pric e to achieve the best overall value and lowest long-term cost for government construction projects.  On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method which has been a successful procurement system of public improvement projects for the City.  The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids in the legal newspaper. All bids will be evaluated in an open and competitive manner. Attachments (0) Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA J. Public Works 5-Year Capital Improvement Plan Project 1277, 120th Street Improvements Action To Be Considered: Approve a resolution amending the 5-Year Capital Improvement Plan (2017-2021) to move the schedule of the reconstruction of 120th Street (Pine Lane to Biscayne Avenue, Project 1277) from 2017 to 2018. Facts:  On June 7, 2016, the City Council approved the 5-year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2017-2021). The CIP included public improvements to streets, highways, trails, sanitary sewer, storm sewer, water and water quality.  The 2017-2021 CIP included the reconstruction of the bituminous pavement of 120th Street (Pine Lane to Biscayne Avenue), on the border of the Cities of Eagan and Rosemount, as part of the street improvements for Pinetree Forest (Project 1230).  Subsequent to the Council approval of Project 1230, the current and possible future alignment and configuration of 120th Street were considered with Rosemount staff, in relation to possible development on the Rosemount border. 120th Street was accordingly removed from Project 1230 (constructed as part of Contract 17-01).  It has now been determined the current alignment of 120th Street will serve the transportation needs of the area for the foreseeable future, and that reconstruction of the 120th Street pavement should be proposed for the 2018 construction season.  There are no direct accesses from adjacent properties onto this section of 120th Street, so special assessments are not proposed. The cost of $85,000 for the street reclamation improvements will be the responsibility of the Major Street Fund.  In order to proceed with the improvements of 120th Street as Project 1277, it would be appropriate to incorporate these improvements into the 201 8 schedule of the currently approved 5-year CIP (2018-2022). Attachments (1) CJ-1 Resolution CITY OF EAGAN A RESOLUTION AMENDING 2018-2022 CIP THIS RESOLUTION, passed this 5th day of February, 2018, by the City of Eagan in Dakota County, Minnesota. WITNESSETH: WHEREAS, the City approved the 5-year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2017-2021); and WHEREAS, the 2017-2021 CIP included the reconstruction of the bituminous pavement of 120th Street (Pine Lane to Biscayne Avenue), on the border of the Cities of Eagan and Rosemount as part of the street improvements for Pinetree Forest (Project 1230); and WHEREAS, the current and possible future alignment and configuration of 120th Street were considered with Rosemount staff , in relation to possible development on the Rosemount border and 120th Street was accordingly removed from Project 1230 (constructed as part of Contract 17-01); and WHEREAS, It has now been determined the current alignment of 120th Street will serve the transportation needs of the area for the foreseeable future, and that reconstruction of the 120th Street pavement should be proposed for the 2018 construction season; WHEREAS, there are no direct accesses from adjacent properties onto this section of 120th Street so special assessments are not proposed; and WHEREAS, the cost of $85,000 for the street reclamation improvements will be the responsibility of the Major Street Fund. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City shall incorporate these improvements into the 2018 schedule of the currently approved 5-year CIP (2018-2022). DATED this 5th day of February, 2018 ATTEST: Mike Maguire, Mayor Christina M. Scipioni, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 5th day of February, 2018, as disclosed by the records of said City in my possession. Christina M. Scipioni, City Clerk Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA K. Contract 16-23, Country Hollow Lift Station Sanitary Sewer Improvements Action To Be Considered: Approve the final payment for Contract 16-23 (Country Hollow Lift Station – Sanitary Sewer Improvements) in the amount of $16,125.76 to G.F. Jedlicki, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts:  Contract 16-23 provided for the upgrade to the Country Hollow Lift Station, an existing sanitary sewer lift station located at 605 Autumn Oaks Court in the Country Hollow subdivision, east of Dodd Road and north of Diffley Road, as programmed for 2016 in the City’s 5-Year Capital Improvement Program for Public Works infrastructure, Part III, (2016-2020), as adopted by the City Council on June 2, 2015.  With the approval of the final payment, the total amount paid is 1.5% in excess of the revised contract.  The Contract 16-23 work has been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (1) CK-1 Pay Details Country Hollow Sanitary Lift Station Rehabilitation City Project 1210 City Contract 16-23 Original Contract Amount 326,995.00$ Change Orders -$ Revised Contract Amount 326,995.00$ Value Completed to Date 332,026.76$ Amount Previously Paid 315,901.00$ Final Payment 16,125.76$ Pay request #4 Amount in excess of Revised Contract 5,031.76$ Percent over revised Contract 1.5% * Explain if greater than 5% H:\EAGA\T21110629\7_Construction\E_Pay Applications\pay app 4\pay app 4 final.docx January 29, 2018 Mr. Jon Eaton Utilities Supervisor City of Eagan 3419 Coachman Point Eagan, MN 55121 Re: Country Hollow Lift Station City Project No. 1210 Eagan, Minnesota Dear Mr. Eaton, Enclosed is the application and certificate for Pay Estimate No. 4 from G.F. Jedlicki, Inc. for work completed on the above referenced project. This is the final pay application for this project and includes the necessary close out documents. We have reviewed this estimate and recommend payment to G.F. Jedlicki, Inc. in the amount of $16,626.36. As previously indicated, there was a change order on this project and that is included with this pay application. The change order has been signed by both the contractor and BMI and just needs a City signature. There is some warranty work required on the project to address a drainage issue at the lift station and G.F. Jedlicki has agreed to complete this work this spring once the weather cooperates. A copy of the letter signifying their agreement to complete this work is attached for your records. After your approval of the pay application please forward one copy to G.F. Jedlicki, Inc. and one copy to me. If you should have any questions please feel free to give me a call. Sincerely, Bolton & Menk, Inc. Seth A. Peterson, P.E. Principal Engineer Enclosures Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA L. Temporary License Agreement – Magellan Midstream Partners, L.P. Action To Be Considered: Approve a Temporary License Agreement with Magellan Midstream Partners, L.P. and authorize the Mayor and City Clerk to execute all related documents. Facts:  Magellan Midstream Partners, L.P (Magellan) has submitted a request to the City to access equipment through City property (River Valley Acres), located west of Highway 13 and north of Yankee Doodle Road, to perform routine maintenance on a Magellan pipeline facility adjacent to the CP Rail railroad.  The City is willing to grant the license to Magellan upon the terms and conditions of the agreement.  Public Works staff and the City Attorney’s office have reviewed this agreement and find it in order for favorable Council action. Attachments (2) CL-1 Temporary License Agreement CL-2 Location Map TEMPORARY LICENSE AGREEMENT This Temporary License Agreement (hereinafter "Agreement") is made this day of 2018, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Magellan Pipeline Company, L.P., a Delaware limited partnership, (hereinafter "Magellan" (collectively referred to as the "Parties"). Whereas, the City is the fee owner of certain property located in the City of Eagan Valley, County of Dakota, West of Yankee Doodle Road, which is legally described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Magellan has submitted a request to the City to use the Property for temporary access to a pipeline facility west of the Property; and WHEREAS, the City is willing to grant the license to Magellan all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. LICENSE TO THE PROPERTY. The City hereby grants a non-exclusive temporary license to Magellan to use the Property for access from -to -over and upon the Property subject to the terms and conditions contained herein. 2. NOTICE OF INTENT TO USE PROPERTY. Magellan must provide notice to the City of its intent to use the Property for access. Such access shall occur between the hours of 7:00 a.m. to 3:30 p.m, Mondays through Fridays, January 15 to February 23. Notice under this paragraph shall be made to the City representative identified in paragraph 8. 3. RESTORATION. In the event that this Agreement is terminated by either party, Magellan shall restore the Property to the condition that it existed prior to this Agreement, save and except for any alterations approved by the City. {00066675.11 4. INSURANCE AND INDEMNIFICATION. Magellan shall maintain throughout the term of this Agreement the following types of insurance meeting the requirements set forth herein: a. Commerciai_ Liability Insurance. (i) Combined single limit for bodily injury and property damage of $2,000,000 for each occurrence and annual aggregate, such policy to include the City as additional insured for all activities arising out of the performance; and (ii) coverage for completed operations; liability from contractual liability explosion hazard and underground property damage hazard in the amount of $2,000,000.00 throughout the term of this Agreement. b. Comprehensive Automobile Liability. Combined single limit for bodily injury, death and property damages of $1,000,000 per occurrence and $1,000,000 in the aggregate. c. Workers' Compensation Insurance and Employer's Liability Insurance. Limits of liability not less than those required by law. Magellan (see 4a.) shall provide a copy of said insurance certificate(s) to the City contemporaneously with the execution of this Agreement. Magellan shall indemnify and hold the City harmless from any and all claims, costs, expenses, damages and liabilities, including reasonable attorney's fees and court costs to the extent arising out Magellan's negligence or willful misconduct. The terms of this Agreement shall survive the termination of this Agreement. 5. TERMiNATim Either party may terminate this Agreement at any time by providing the other party with ten (10) days prior written notice. 6. COMPLIANCE WITH LAWS. Magellan shall be responsible for complying with all federal, state and local laws and ordinances regarding its use of the Licensed Property and operation of equipment thereon. 7. NOTICE. Except as otherwise provided by the Agreement, any notices under this Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: {00066675.11 N If to the City: City of Eagan Attn: Tim Plath, PE Transportation Operations Engineer Eagan, MN 55122 With a copy to: Robert B. Bauer, City Attorney Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Ave, Suite 525 Apple Valley, MN 55124 If to Magellan: Magellan Midstream Partners, L.P. Attn: Donald Jensen 2451 W County Road C St Paul, MN 55113 8. COVENANT. This Agreement shall be binding upon and inure to the benefit of the parties. 9. REMEDIES. In the event that Magellan fails to properly restore the Licensed Property, in accordance with Paragraph 3 above, at the termination of this Agreement (subject to a 30 -day cure period), Magellan shall be liable to the City for any and all damages, costs and liabilities caused by such breach of this Agreement including but not limited to any and all attorneys fees incurred by the City in enforcing the terms of this Agreement. IN WITNESS WHEREOF, the Parties have entered into this Temporary License Agreement as of the date first set forth above. {00066675.1 } CITY OF EAGAN, A Minnesota Municipal Corporation By: Mark Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk 3 STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) Magellan Pipeline Company, L.P., A Delaware limited partnership By its General Partner, Magellan Pipeline GP, LLC By. ' Aa; Its: .Swaerv�s o �'• 1 �s- The foregoing instrument was acknowledged before me this day of 2018, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. STATE OF OKLAHOMA) )ss. COUNTY OF u /Sa ) Notary Public The foregoing was acknowledged before me this //' day of 2018 by DunAheV , the Sinn eKvlsor, )�-e,-j f-jf--/F of Magellan Pipeline GP, LLC a Delaware limited liability company, on behalf of the limited liability company. � � —/ /I J"—z' e, � Notary PuONE RI 11— Gig HRIE - ---------__w 0 SHMR THIS INSTRUMENT WAS DRAFTED BY:IE L Gum {,may Public StAq 01 owahom8 4 Commission 9 03005115 Exp1ras 04M 9M9 ; {00066675.11 4 DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Ave, Suite 525 Apple Valley, MN 55124 (952) 432-3136 EXHIBIT A PT OF S 1/2 SEC LYING SE OF RR R/W & LYING NW OF SIBLEY TERM IND PK & LYING NE OF LINE BEG MOST N COR LOT 11 BLK 1 SAID PLAT NW PERP NW LINE SAID LOT 416 FT TO R/W RR & THERE TERM EX BEG MOST N COR LOT 10 BLK 1 SAID PLAT SW ON NW LINE LOT 10 TO MOST W COR R 90D 350 FT NE PARR NW LINE LOT 10 TO LINE DRAWN PARR NW AT RT ANG TO PT OF BEG SE ON SAID LINE 350 FT TO BEG {00066675.11 Magellan Midstream Partners Access Location 08 M ovo I�mo 09 fA- February 1, 2018 Map Powered byDataLink Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA M. Approve Agreement with Xcel Energy Quarry Road Gas Line Relocation Action To Be Considered: Approve a Relocation Agreement with Xcel Energy for City Project No. 1245 (Quarry Road - Street and Park Improvements), and authorize the Mayor and City Clerk to execute all related documents. Facts:  City Contract 17-20 provides for street and park mitigation improvements to extend Quarry Road through Quarry Park, in central Eagan, as outlined and discussed in the feasibility report for Project 1245, prepared by the consulting firm of WSB & Associates, Inc.  On July 5, 2017, the City Council held a public hearing for Project 1245. The Council approved the project, including costs for existing utility line relocations, for the 2018 construction season.  On January 16, the City Council approved the plans and specifications and authorized the advertisement of bids for Contract 17-20. The bid opening is scheduled for March 1, 2018.  Xcel Energy has approximately 150 feet of 12-inch diameter pipeline that will need to be relocated in conjunction with the public improvement. Xcel Energy has estimated the cost for the relocation and associated work to be $200,000.  An agreement between the City of Eagan and Xcel Energy has been prepared providing for the cost of the relocation of an Xcel Energy pipeline crossing the proposed Quarry Road. The agreement requires the City to pay the $200,000 prior to the commencement of relocation activities. The cost would be the responsibility of the Major Street Fund.  Public Works staff and the City Attorney’s office have reviewed this agreement and found it to be necessary to accommodate Contract 17-20 (Quarry Road Street and Park Improvements) and in order for favorable Council action. Attachments (1) CM-1 Relocation Agreement Statement of Work Requested Form 17-7012 (6-01) Original – Division Accounting Copy – Customer Copy – Division Distribution Engineering DATE: January 22, 2018 WORK REQUESTED BY City of Eagan WORK TO BE AT Relocation of Gas Facilities, per signed agreement ADDRESS Quarry Road Extension CONSISTING OF: Xcel Energy will relocate Facilities to accommodate the construction of a new roadway for the Quarry Road Extension in Eagan, Minnesota. Xcel Energy shall be responsible for the removal and disposal of retired pipe and installation of new piping. The City of Eagan (City) will provide survey assistance to identify proposed roadway extents and elevations and will review placement of installed facility to confirm final location is acceptable. Soil excavated for removal and installation of piping will be stockpiled near the excavation site and the City will be responsible for final disposition of these materials. Xcel Energy will install clean fill around newly installed pipe and will return stockpiled soils to the trech as directed by the City. If requested to return stockpiled soils to the trench, Xcel Energy will not be responsible to meet any specific compaction requirements. Xcel Energy will be responsible to return any property adjacent to the construction site impacted by pipeline work to pre-existing grade and make it ready for restoration of soft and hard surface materials. The City will be responsible for final restoration activities for property dirctly adjacent to the construction site. Xcel Energy acknowledges that perpendicular crossings of the pipeline by other facilities are permitted provided that sufficient clearance is provided between the installed pipe and any crossing. Any contractor desiring to establish a perpendicular crossing must contact Xcel Energy’s representative, Conrad Miller, to confirm the location of any such crossing. COST ESTIMATE FOR RELOCATION OF FACILITIES. The cost estimate for relocation of the Facilities is estimated at $201,000 of which an 80% ($160,800) shall be paid in advance of work. Upon work completion, actual costs will be billed to the City of Eagan. If funding collected in advance of construction is greater than actual costs, the excess will be returned to the City of Eagan. The facilities installed or removed by the Company shall be the property of the Company and any payment by customer shall not entitle customer to any ownership interest or right therein. The undersigned hereby requests and authorizes Northern States Power Company, d/b/a Xcel Energy to do the work described above, and in consideration thereof, agrees to pay One-hundred sixty-thousand eight-hundred dollars. ($ 160,800.00 ) in accordance with the following terms: Signed & Returned Contract Prior to Construction____________________________________________________ ______________________________________________________________ ________ Credit Approval Receipt of the above amount hereby acknowledged on behalf of Xcel Energy by XCEL ENERGY Customer City Of Eagan By By FOR XCEL ENERGY USE Xcel Energy Rep. Conrad Miller Division Xcel Energy Proj. No. Const. $ 160,800.00 Rem. $ Maint. $ Oper. $ Transf. $ Total $ 160,800.00 Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA N. Lebanon Hills Area 115 kV Transmission Line Project Action To Be Considered: Schedule a Public Hearing for the Lebanon Hills Area 115kV Transmission Line Project to be held on March 6, 2018. Facts:  Great River Energy and Dakota Electric Association are proposing improvements to the existing electrical (69-kilovolt (kV)) transmission system in southern Eagan and at the Lebanon Hills Substation located southwest of the intersection of Cliff Road and Dodd Road.  The Lebanon Hills Project proposes the following: o Rebuild the existing Dakota Electric Association Lebanon Hills Substation to facilitate 115-kV service o Rebuild approximately 0.85 miles of existing Great River Energy 69-kV transmission line to a 115-kV double circuit along Cliff Road. o Rebuild approximately 0.5 miles of Xcel Energy’s existing north -south 69- kV line to 115-kV double circuit line north of Cliff Road.  These improvements, along with a small reconductor project in Burnsville, will allow Great River Energy to retire multiple miles of its 69-kV lines in the area, and will result in more reliable electric service for the area, provide the framework for 115-kV operations in the future, and provide the transmission infrastructure necessary to allow reconfiguration/improvement of Great River Energy’s Pilot Knob Substation after these improvements are complete.  Great River Energy will seek a permit for the project from the City. In this permitting process the public will be encouraged to provide feedback on the project and will have had the opportunity to comment at several stages during the process. Attachments (1) CN-1 Location Map Location Map Agenda Information Memo February 5, 2018, Eagan City Council Meeting CONSENT AGENDA O. Approve Final Planned Development – Viking Lakes Actions To Be Considered: To approve a Final Planned Development for development of a 3-story 57,000 leasable SF office building and a three-level approximately 434-stall parking structure on Lot 4, Block 1, Viking Lakes 2ND Addition located at 2845 Vikings Circle. Required Vote For Approval:  Majority of Councilmembers present Facts:  The 200-acre Viking Lakes Preliminary Planned Development was approved on June 21, 2016.  Final PD’s have been approved for the Vikings Campus, Twin City Orthopedics (TCO) Medical Office Building and the Sports Medicine Center Building shared by the Vikings and TCO.  The STEM (Science, Technology, Engineering and Math) building is labeled as Building “E” on the Master Development Plan. Access to the building is provided via Vikings Circle and the Stadium Drop-Off cul-de-sac.  The applicant intends to lease space in the STEM Building to multiple users that will foster collaboration and innovation and may also provide office space for the applicant and affiliated companies.  While not specifically called out in the Preliminary PD, the need for structured parking was acknowledged to accommodate full development within sub area 3A.  Deviations from the Preliminary PD include: o < 2’ structure setback encroachment for the parking ramp into the 40’ setback from Vikings Parkway. o Signage on the parking structure may include non-advertising standard “wayfinding” signage and tenant signage for occupants of the STEM and the Sports Medicine Buildings due to obstructed views caused by the parking structure.  The final development plans have been reviewed by staff and are consistent with the preliminary approvals; the City Attorney has drafted the Final PD Agreement.  All documents and agreements are anticipated to be in order for execution at the City Council meeting on February 5, 2018. Issues: None Attachments: (5) CO-1 Location Map CO-2 Site Plan CO-3 STEM Elevations CO-4 Parking Structure Elevations CO-5 Final PD Agreement AMES CROSSING RDLUNAR LANEC.S.A.H. NO. 26 (LONE OAK RD.)MI K E C O LLIN S D R GRAND OAK CIR W STATETRUNKHWY.NO.149L O N E OAKPARKWAY STATETRUNK HWY.NO.55 NORTHWEST P A R K W AYLONE O A K P A R K W AY COURTHOUSE LNBLUEGENTIANRD LONE OAK DRIVE JOYCE CTC O M ME R S D R HOLIDAY LNWATERS R D APOLLO ROAD HOLIDAY LNGRAND OAK CIR EVIKIN G S P A R K W A Y LONEOAKPARKWAYO 'N E I L L D R S T A T E T R U N K H WY . N O . 1 4 9 FUTUREPARK Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Vikings Lakes-STEMRequest: Final PDCase No.: 01-FD-11-12-17Subject Site 11-29-2017 y o H W / W `s S C w a /.... - Lu L) < $ W o, 1. g��z K 'g a S2 n n'�� ., Z Q Q a`, w Z Y� W �8 Sia C `oLL v. w� >ual "w &~ O �zf s�1 < > aU ilk ` oW gill SU iia o� P nw� i elf �- d xi o 3 $Y3Y3 otl �0� ' .. did,owl ; to 2� �> $g? qw4 ssG'�u �s �u��u �i �� � �i �FitY &15� B e �& eml ~@�8 a~wpb �S9x9 sill �= Kyo Is i 0 QO N C14 F- wQ i Q X: W w C' a 0. a _yj i�= Is i 0 QO N C14 F- wQ i Q X: W w C' a 0. Is i 0 QO N C14 F- wQ i Q X: W w C' ti w m w ' w U v_ s ¢ o a w �w`e a �� Z2 5>z rcW ZZ ii cri�.s z SFS 1L ��s3 ,II Y.,. YV. Q z!ry fI s� ll>J U$3E uWHE V SSU m oZ o W g 33 Q O yE m LL d4 N Q E _ a5 U) w Qw , p w e o d w = z o p 6 � � 7 r 8$ c O a S z#"oma a .a i rc a X33 X33 `did Ad e > g„ Tii ti m o a s am z amB o ¢ Y HE Ms 0 ml °I DII of of wl k4 I� I Ulm l O -J �m o H W w Lu_ g>Z u _ oda IJi`We \ zap �- pJPi \• Y¢ j n i j!y C uLL�.^ V W w a co oZn _ o U pp Z�rFm z IN 7 i•.. i p� I 7 Cl) ❑Z N O d J O d S [e[ v g�� i' N _ W Q F Q n� Q d W V I 7 d d i' V Mil M � ,pyll , b§ �al$ p � � �IO1 uaal ul I I eJ 0 a FINAL PLANNED DEVELOP.IENT AGREETM NT This Final Planned Development Agreement (hereinafter "Agreement") is made effective as of the 5th day of February 2018, by and between the City of Eagan (hereinafter the "City"), a Minnesota municipal corporation and MV Eagan Ventures, LLC, a Delaware limited liability company (hereinafter the "Owner/Developer"); The City and Owner/Developer are hereinafter collectively known as the "Parties." WHEREAS, the City Council of the City of Eagan is the official governing body of the City; and WHEREAS, the Owner/Developer is the fee owner of property legally described as Lot 4, Block 1, Viking Lakes 2nd Addition, Dakota County, Minnesota (the "Property"); and WHEREAS, the Property is subject to a Preliminary Planned Development Agreement dated October 18, 2016 and recorded December 21, 2016, as Document No. 3168366 (the "Development Agreement"); and WHEREAS, the Owner/Developer applied for a planned development for the Property to permit an approximately 57,334 square foot office building ("Building"), together with an approximately 434 -space parking structure (collectively, the "Development Proposal"); and WHEREAS, the City did review the Development Proposal in its entirety on February 5, 2018, and found that the Development Proposal was consistent with the Development Agreement; and WHEREAS, the plans attached hereto (Exhibits B — F) are found to be in conformance with the Development Proposal and adopted Design Guidelines, and the Parties hereby 1 105046810 acknowledge that this Agreement and the attached exhibits constitute the Final Planned Development for the Property. NOW, THEREFORE, it is hereby agreed to and between the Parties hereto as follows: 1. This Agreement applies only to the use of the Property. 2. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 3. The Owner/Developer shall use and develop the Property in conformance, in all material respects, with the following plans attached hereto as Exhibits B -F (collectively, "Plans"). (A full size copy of these exhibits, including additional detail sheets supporting the exhibits and any modifications thereto shall be on file with the City's Community Development Department.) Exhibit B Final Site Plan dated November 29, 2017 Exhibit C Final Building Elevation Plan dated November 29, 2017 Exhibit D Final Landscape Plan dated October 6, 2017 Exhibit E Final Lighting Plan dated 4. A Final Amenities Plan has been previously prepared, approved by the City and recorded with the Dakota County Recorder's Office as a "Supplement to Final Planned Development Agreement" on December 11, 2017, Document No. 3227285. 5. Signage for the Property shall comply the Plans and otherwise with City Code and the Master Sign Agreement dated October 18, 2016 and recorded December 29, 2016, as Document Number 3169659. 6. This Agreement shall run with the Property until terminated and shall be binding upon the Owner/Developer and assigns of the Owner/Developer. Owner/Developer's obligations under Paragraph 3 above will be deemed satisfied upon City's issuance of a Certificate of Occupancy for the Building and the parking structure. 7. All site improvements including lighting, signage, landscaping, and paved surfaces, shall be maintained in good repair. 8. Where there is a conflict between the requirements or conditions contained in the Development Agreement and this Final Planned Development Agreement, the provisions of this Final Development Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. [Signature Pages to Follow] 4 105046810 Final Planned Development Agreement Signature Page for the City City of Eagan, a Minnesota Municipal Corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk APPROVED AS TO FORM: City Attorney STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this day of APPROVED AS TO CONTENT: City Planner , 2018 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public k3 105046810 Final Planned Development Agreement Signature Page for the Owner/Developer MV Eagan Ventures, LLC, a Delaware limited Iiability company By: Mark Wilf Its: President STATE OF a�'y ss COUNTY OF ) The foregoing instrument was acknowledged before me this 2-5 day of Ian V 2018, by Mark Wilf, the President of MV Eagan Ventures, LLC, a 1.9 Delaware limited liability company, on behalf of the limited liability company. ) 011 1 1� •. - VICTORIA N. JOHNSON NOTARY PUBLIC OF NEW JERSEY MY Commission Expires 3/8/2018 12 CONSENT The undersigned, being the holder and owner of that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated January 10, 2018, and recorded in the office of the Dakota County Recorder on January 11, 2018, as Document No. 3232070, consents to Owner/Developer's execution and delivery of the attached Final Planned Development Agreement ("Agreement") and agrees that all of the undersigned's interests in and to the real property that is the subject of the Agreement are subject and subordinate to, in all respects, the terms and conditions of the Agreement. Dated: 7-aacat, i r9 �, 2018 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) U.S. BANK NATIONAL ASSOCIATION, a na ion anking association B, Name: Title: ,2. .(fOKOE&CL /1 7 - The The foregoing instrument was pt16� L -111 acknowledged before methis �� day of LL A* -w 2018, bAklit A he :�ii,, 04 6ej-sidtx4f- U.S. Bank National Association, a national banking association, on behalf of the association. 5 105046810 Notary Public r� LINDAA. DIXONl) NOTARY MINNESOTA ../...7,r../.,s°.F,..'l�..r�✓"✓Y.rf�../✓lrl✓✓..rllrJl THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (RBB) (952)953-8847 I me 105046810 MUM "A" Execution of the Encroachment Agreement attached as Exhibit "A -l." EXHIBIT A-1 (Form of Encroachment Agreement) ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made and entered into this 51h day of February, 2018, by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and MV Eagan Ventures, LLC, a Delaware limited liability company (the "Owner"). The City and Owner are hereinafter referred to as the "Parties." WHEREAS, the Owner is the fee owner of certain property located in the City of Eagan and legally described as Lot 4, Block 1, Viking Lakes 2nd Addition (hereinafter the "Property"); and WHEREAS, the Owner desires to install and maintain a series of 40 -foot to 42 -foot tie- backs on 4 to 6 -foot centers for an earth retention system along the northerly right of way of Vikings Parkway, northwest of the private road commonly known as "Vikings Circle" (the "Encroachments"). The Encroachments will be part of the STEM Tech Incubator Garage project located on the Property, all in accordance with the plan prepared and signed by Chad A. Underwood — Engineering Services International LLC, License No 43026, dated November 7, 2017, and submitted by the Owner as part of the building permit application. All of Owner's improvements shown on such plan that relate to the Encroachments and are now or hereafter located within the City's existing right-of-way for Vikings Parkway as depicted on the attached Exhibit "A" (the "Easement") are defined for purposes of this Agreement as the "Improvements." The Improvements are located within the Easement; and WHEREAS, in connection with the placement of the Improvements, it is necessary for the Owner to have the Encroachments within the Easement; and WHEREAS, the City is willing to allow Owner to have the Encroachments and Improvements within the Easement all upon the terms and conditions contained herein: NOW, THEREFORE, the City and Owner agree as follows: 1. ENCROACHMENT. The City hereby authorizes Owner to construct, maintain, repair and replace all or any part of the Improvements and to permanently have the Encroachments within the Easement. 2. No WAIVER. Nothing in the Agreement shall be deemed a waiver or abandonment of the City's rights in the Easement. 10504139v2 3. COSTS. The Owner shall be responsible for all costs relating to the construction, maintenance, repair and replacement of the Improvements and the Encroachments. 4. ASSUMPTION of RTSK. City will exercise commercially reasonable efforts to avoid interfering the Improvements and the Encroachments within the Easement, but Owner acknowledges that the City's future maintenance and repairs of the City's roadway and other improvements within the Easement could possibly damage the Improvements and the Encroachments. By entering into this Agreement, Owner assumes the risk of any and all damage to the Improvements not caused by a breach of the City's obligations under this section or by the City's (or its employees', contractors' or subcontractors') negligence that may result from any work performed by the City and/or its agents within the Easement. 5. DEFAULT. If the Owner fails to take any action required in connection with this Agreement, the City will provide a written notice of default to the Owner giving Owner a 30 -day cure period. Notice need not be given in the event emergency repairs are needed. After the 30 -day cure period, the City may take action and bill the Owner for the costs thereof. If the Owner fails to reimburse the City for the costs thereof within ten (10) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including, but not limited to attorneys' fees. 6. INSURANCE. A. General Requirements. The Owner shall not commence work under this Agreement until it has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the City, and the Owner shall maintain such insurance. The Owner shall not allow any subcontractor to commence work on its subcontract until all insurance required for the subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten (10) days written notice to the City of intent to cancel. The Owner shall provide a copy of this written notice to the City. Each insurance policy shall contain a clause naming the City as an additionally insured party under the policy. Certificates of insurance shall be submitted on Standard Form C.I.C.0-701 or ACORD 25 forms and shall specifically note the clause providing for 10 days written notice to the City of intent to cancel. The certificates of insurance shall also specifically note the 2 10504139v2 clause naming the City as an additionally insured party under the policy. The following minimum coverage shall apply: Worker's compensation insurance as required by law. ii. Employer's liability insurance with minimum limits as follows: Bodily Injury By Disease: $500,000 per person Bodily Injury By Disease: $500,000 per general aggregate Bodily Injury By Accident: $500,000 general aggregate iii. Commercial General Liability and automobile liability insurance, including coverage for non -owned and hired vehicles, in limits as follows: General Liability- $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability- $1,000,000 Combined Single Limit for Bodily Injury and Property damage iv. In addition to all listed coverages, Owner shall procure and maintain an Umbrella or Excess liability policy in a minimum limit of $2,000,000. B. Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Owner. C. Contractual Liability: To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees to the extent arising out of or resulting from the Owner's performance of its obligations under this Agreement provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Owner, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. 10504I39v2 7. INDEMNIFICATION. The Owner hereby specifically releases the City and the members of the City Council from any liability in connection with the installation of the Improvements and the Encroachments, and further agrees to indemnify and hold the City and the members of the City Council harmless from any claim of any and every nature whatsoever as a result of this Agreement or the installation of the Improvement and Encroachments, except that Owner will not release, indemnify or hold harmless the City or members of the City Council (collectively, "City Parties") for any negligence or misconduct of any City Party. 8. NOTICES. All written communications shall be directed to Owner at: Steve Poppen MV Eagan Ventures, LLC 9520 Vikings Drive Eden Prairie, MN 55344 With a copy to: Patrick E. Mascia, Esq. Briggs and Morgan 2200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 9. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 10. BIDDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the parties hereto. 11. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. [Signature Pages to Follow] 4 10504139v2 Encroachment Agreement Signature page for City CITY OF EAGAN: By: Mike :Maguire Its: Mayor By: Christina M. Scipioni Its: City Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA 1 The foregoing instrument was acknowledged before me this day of , 201_, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 10504139v2 Encroachment Agreement Signature page for Owner OWNER: MV Eagan Ventures, LLC a Delaware limited liability company Its: President STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of January, 2018, by Mark Wilf, the President of MV Eagan Ventures, LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public ri 10504139v2 CONSENT The undersigned, being the holder and owner of that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated January 10, 2018, and recorded in the office of the Dakota County Recorder on [ ], 2018, as Document No. [ ], consents to Owner's execution and delivery of the attached Encroachment Agreement ("Agreement") and agrees that all of the undersigned's interests in and to the real property that is the subject of the Agreement are subject and subordinate to, in all respects, the terms and conditions of the Agreement. Dated: , 2018 U.S. BANK NATIONAL ASSOCIATION._ a national banking association By:_ Name: Title: STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 2018, by the National Association, a national banking association, on behalf of the association. Notary Public 10504139v2 day of of U.S. Bank THIS 1NSTRUMEIN'T WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-37129) 0 10504139v2 EXHIBIT "A" 4 10504139v2 MUM "B" CD ui is 10 f.i CL .. . ...... ........ do I XlAffir'B" 105046810 In 'D I I XlAffir'B" 105046810 EXMBIT "C" 16046810 CD o N + �r1 I' X33 Zq# i A a5d C7 -�w > EL ..._.._ ..-..._...... ........ 3a£ a asi;� T v � i d i I C co F aw I 4S 7 77yy Y � 3 1 16046810 2 105046810 105046810 ION01MNil iiI PILI dfRl 9T 'D' 105046910 w UA c, LD 0 0 isNoo NOj ION OA 1050468lv3 .. ......... .7 .............. . Al . ......... .. ......... OA 1050468lv3 105046810 -T ..... .. . . . ---- --- .. . ... .. ... ... .. . ...................... z 105046810 -T ---- --- .. . ... .. ... ... .. . ...................... ---- --- .. . ... .. ... ... .. . ...................... z La j� -j LO , (� - \/� |� � < ! � \&«{\��w /)4 \ \� � �� \y � e it, � . .. � � /`� %m|:/ Jm \\� }}k 'a ..... ...... - ----- rd 105046810 A 1050468lv3 Ir L LUx 2 1 -4 j q Lo A 1050468lv3 -4 105046810 8, 9 Ell LO < 31 zi 31 Agenda Information Memo February 5, 2018 Eagan City Council Meeting CONSENT AGENDA P. Schedule a Public Hearing to consider a Business Subsidy Pursuant to Minnesota Statutes Sections 116J.993 TO 116J.995 to Medical Equipment Solutions, Inc. d/b/a Purair Products Actions To Be Considered: To schedule a Public Hearing on February 20, 2018, as required by Minnesota Statutes Sections 116J.993 to 116J.995 to consider a grant contract, a Minnesota Investment Fund Loan Agreement, and other documents related to Medical Equipment Solutions, Inc. dba Purair Products for its business development in the City of Eagan. Facts: Purair Products, Inc. is a medical-grade oxygen supplier based in Kansas City. They supply liquid and gas oxygen to patients and nursing homes, and are expanding to a hospital chain in the Kansas City area. Purair currently has 37 FTE and a customer base in Kansas, Missouri, and Nebraska. Purair is expanding to Minnesota and signing a 5-year lease on a 10,000 square foot building located at 909 Apollo Drive in the Eagandale Industrial Park and expects to hire 10 FTE in Eagan within two years with an average hourly wage of $22.10. The City of Eagan authorized a Minnesota Investment Fund (MIF) loan application to the Department of Employment and Economic Development (DEED) on January 2, 2018 to assist with equipment costs associated with their expansion. DEED has evaluated the application and determined that Purair would be awarded a MIF loan in the amount of $200,000 with an additional $20,000 coming from the City’s Revolving Loan Fund. The term of the loan will be five years at 0% interest. The consideration of the business subsidy requires a public hearing and City Council action to approve related agreements. Issues: None Attachments: (3) CP-1 Location Map CP-2 Grant Contract CP-3 Loan Agreement and related documents C O M M E R S D R CLUBVIEW DR NEIL ARMSTRONG BLVDAPOLLO ROAD LUNAR LANEAPOLLO ROAD MIKECOLLINSDRBORCHERTLN G E M I N I RD DISCOVERY RD ALDRIN DRIVE LONEOAKPARKWAYLONE O A K P A R K W A Y KENNETH ST BEATRICE ST MCKEE ST KEEFE ST LONE OAK CIRCLEWESTSERVICEROADHOLIDAY LNHOLIDAY LNCOURTHOUSE LN NORTHWOODCIRGRAND OAK CIR EGRAND OAK CIR W COLUMBIA DRS 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 WATERS 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 Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: PurAirRequest: MIF LoanCase No.: Subject Site Rev. Feb. 2017 1 STATE OF MINNESOTA GRANT CONTRACT DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT DIVISION Minnesota Investment Fund Grant Contract Grant Number: CDAP-18-0001-H-FY18 Grant Amount: $200,000.00 Grantee: City of Eagan Borrower: Medical Equipment Solutions, Inc. dba Purair Products This Grant Contract is between the State of Minnesota, acting through the Department of Employment and Economic Development, Economic Development Division, 332 Minnesota St., Suite E200, St. Paul, MN 55101 (“STATE”) and the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (“GRANTEE”). Recitals 1. Under Minn. Stat. §116J.993 and 116J.994 which established the guidelines for providing business subsidies, and 116J.8731, which established the Minnesota Investment Fund, the State is empowered to enter into this Grant Contract. 2. The State is in need of local government to administer financial assistance to eligible projects in accordance with Minn. Stat. § 116J.8731 Minnesota Investment Fund; Minnesota Rules Chapter 4300; and policies and procedures developed by the State. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Contract to the satisfaction of the State. 4. The Grantee and State are entering into this Grant Contract for public purposes that include the creation or retention of jobs that pay quality wages, the enhancement of economic growth in the State of Minnesota and the expansion of the tax base of the local community where the business will locate or expand. 5. The Grant Contract in the amount of $200,000 will fund a portion of a loan in the amount of $220,000. The City of Eagan through its Revolving Loan Fund program will supply $20,000 of the $220,000 loan. Payments from the $220,000 loan will be divided pro rata between the MIF Grant and the City of Eagan’s RLF amount. Net Proceeds (after payment of all legal fees and other costs of collection) from the sale of collateral will be shared pro rata between the MIF Grant balance and the City of Eagan’s RLF balance. Defined Terms Defined terms. As used in this Grant Contract, the following terms shall have the meanings set out respectively after such term ( the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: Rev. Feb. 2017 2 “Application” means the Grantee’s application to the State for a Minnesota Investment Fund award for the purpose of providing a loan to Medical Equipment Solutions, Inc. dba Purair Products (“BORROWER”). “Full-Time Equivalent (FTE)” is one or more people working a sum of 2,080 hours in a calendar year. “Loan Agreement” is a document between the Grantee and Borrower defining the terms and conditions of the Loan. 1. Term of Agreement 1.1 Effective Date: January 8, 2018 Per Minn. Stat. § 16B.98 subd. 5 and Minn. Stat. § 16B.98 subd. 7, no payments will be made to the Grantee until this Grant Contract is fully executed. 1.2 Benefit Date: “Benefit Date” means the date equipment financed through a Minnesota Investment Fund loan is fully operational which shall be no later than May 31, 2018. 1.3 Compliance Date: “Compliance Date” is the date two years from the Benefit Date at which job creation and wage goals by the Borrower must be completed which shall be no later than May 31 , 2020 1.4 Expiration Date: August 31, 2020 1.5 Survival of Terms. The following clauses survive the expiration or cancellation of this Grant Contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction and Venue; 15. Data Disclosure; and Exhibit A 4. Repayments. 2. Grantee’s Duties The Grantee, who is not a State employee, will: 2.1 Perform the duties specified in Exhibit A which is attached and incorporated into this Grant Contract. 2.2 Include in any contract and sub-grant, including the Loan Agreement with the Borrower, in addition to provisions that define a sound and complete agreement, such provisions that require contractors, sub-grantees and the Borrower to comply with applicable state and federal laws. 2.3 Ensure that all contractors and subcontractors performing work covered by this Grant are paid for their work that is satisfactorily completed. 2.4 Grantee shall make all reasonable efforts to collect and shall bear all costs associated with monitoring, servicing, reporting, and enforcing the terms of the Loan Agreement. 3. Time The Grantee must comply with all of the time requirements described in this Grant Contract. In the performance of this Grant, time is of the essence. Rev. Feb. 2017 3 4. Consideration of payment 4.1 Consideration. The State will pay the Grantee under this Grant Contract as follows: a) Compensation. The Grantee will be reimbursed according to the approved Budget contained in Exhibit B, which is attached and incorporated into this Grant Contract. b) Total Obligation. The total obligation of the State for all compensation and reimbursement to the Grantee under this Grant Contract will not exceed $200,000.00. 4.2 Payment Request. The State will disburse funds to the Grantee pursuant to this Grant Contract, based upon payment requests submitted by the Grantee and reviewed and approved by the State. All funds must be disbursed within a twelve-month period of the Initial Disbursement Date with a maximum of three disbursements. Payment requests must be accompanied by supporting invoices that relate to the activities in the approved budget and the documentation detailed in Section 4.3 of this Grant Contract. The State will provide payment request forms. If the Grantee has received invoices from the Borrower for expenditures made after Effective Date of this Grant Contract but before the Grant is closed or until all funds are disbursed, whichever is earlier, the Grantee shall submit those invoices to the State for review and approval no later than 25 days after the end date of the state fiscal year of June 30th. To ensure that all funds are drawn down by the expiration date of the Grant Contract, all Grantee payment requests must be received by the State at least 30 days prior to the Expiration Date. 4.3 Documentation. The following information must be submitted and approved by the State before funds will be released: a) Loan Documents. Minnesota Investment Fund Loan Agreement, promissory note, amortization schedule, personal guaranty, corporate guaranty, trust guaranty and evidence of security filings (first security lien in certain equipment with UCC filing or purchase money security interest). b) Lender Documents. Documentation that participating lenders and or equity injections have closed on their financing: 1) Financing in the amount of $291,858, 2) Evidence of equity injection in the amount of $248,893. c) Invoices. Invoices or other documentation as approved by DEED Loan Officer for $200,000 MIF reimbursement costs and $560,751 in leverage costs. Funds will be released on a cost-sharing ratio of 26% Grant funds to 74% other funds. d) Eligible Costs. Eligible costs include the costs identified in Exhibit B of this Grant Contract that are incurred during the contract period for equipment or real estate in the corporate boundaries of the Grantee. 5. Conditions of Payment. All services provided by the Grantee under this Grant Contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state or local law. The State will not authorize disbursement of funds if there has been any adverse change in the Borrower’s financial condition, organization, operations, or their ability to repay the project financing. Funds must be disbursed to the Borrower within 21 days of receipt of MIF money. Rev. Feb. 2017 4 6. Authorized Representative. The State’s Authorized Representative is Bradley Simenson, Loan Officer, 1st National Bank Building, 332 Minnesota Street, Suite E200, St. Paul, MN 55101, 651-259-7428, bradley.simenson@state.mn.us, or his successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this Grant Contract. If the services are satisfactory, the State’s Authorized Representative will certify acceptance on each payment request form submitted for payment. The Grantee’s Authorized Representative (Staff Contact) is Jill Hutmacher, Director of Community Development, City of Eagan, 3830 Pilot Knob Road, (651) 675-5653, jhutmacher@cityofeagan.com, or her successor. If the Grantee’s Authorized Representative changes at any time during this Grant Contract, the Grantee must immediately notify the State. 7. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this Grant Contract without the prior written consent of the State, approved by the same parties who executed and approved this Grant Contract, or their successors in office. 7.2 Amendments. Any amendment to this Grant Contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this Grant Contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete. This Grant Contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this Grant Contract, whether written or oral, may be used to bind either party. Where provisions of the Application are inconsistent with the other provisions of this Grant Contract, the other provisions of this Grant Contract will take precedence over the provisions of the Application. 8. Liability Subject to the provisions and limitations of Minn. Stat. § 466, the Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Contract by the Grantee or the Grantee’s agents or employees. This Clause will not be construed to bar any legal remedies the Grantee may have for the State’s failure to fulfill its obligations under this Grant Contract. 9. State Audit Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of seven (7) years from the end of this Grant Contract, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10. Government Data Practices 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. § Ch. 13, as it applies to all data provided by the State Rev. Feb. 2017 5 under this Grant Contract, as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of data referred to in this Clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with all applicable law. 11. Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12. Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this Grant Contract must identify the State as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Contract. 12.2 Endorsement. The Grantee and the Borrower must not claim that the State endorses its products or services. 13. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this Grant Contract. Venue for all legal proceedings out of this Grant Contract, or its breach, must be in the appropriate state court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination 14.1 Termination by the State. The State may immediately terminate this Grant Contract with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro-rata basis for approved costs incurred. 14.2 Termination for Cause. The State may immediately terminate this Grant Contract if the State finds that there has been a failure to comply with the provisions of the Grant Contract, legal documents required for disbursement have not been executed within 90 days of execution of this Grant Contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to distribute additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this Grant Contract if: a) It does not obtain funding from the Minnesota Legislature; Rev. Feb. 2017 6 b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or electronic notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment determined on a pro- rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of lack of funding within a reasonable time of the State’s receiving that notice. 15. Data Disclosure Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state agencies and state personnel involved with the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. Other Provisions 16. Conflict of Interest The STATE will take steps to prevent individual and organizational conflicts of interest in reference to Grantees per Minn.Stat.§16B.98 and Department of Administration, Office of Grants Management, Policy Number 08-01 Conflict of Interest Policy for State Grant-Making. When a conflict of interest concerning State grant-making is suspected, disclosed, or discovered, transparency shall be the guiding principle in addressing it. Organizational conflicts of interest occur when: • a Grantee is unable or potentially unable to render impartial assistance or advice to the State due to competing duties or loyalties. • a Grantee’s objectivity in carrying out the grant is or might be otherwise impaired due to competing duties or loyalties. • a Grantee has an unfair competitive advantage through being furnished unauthorized proprietary information or source selection information that is not available to all competitors. Organizational conflicts include any individual part of the Grantee. Individual conflicts of interest occur when: • a Grantee uses his/her status or position to obtain special advantage, benefit, or access to the Grantee’s time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence. • a State employee is an employee or board member of a Grantee that is an immediate family member of an owner, employee or board member of the Grantee. Rev. Feb. 2017 7 The State and the Grantee must act immediately upon any suggestion, inquiry, or intimation that an individual or organizational conflict of interest exists at any point in the grant process. Steps must be taken to identify and avoid or mitigate any potential conflicts. The conflict of interest guidelines continue throughout the life of the Grant Contract. The GRANTEE must complete and submit a Conflict of Interest Disclosure Form indicating whether or not a perceived, potential, or actual conflict of interest exists. If the GRANTEE identifies an actual, potential or perceived conflict of interest on the form, the GRANTEE must identify and submit its conflict of interest avoidance or mitigation plan. The STATE will review the form and the GRANTEE’s individual or organizational conflict of interest avoidance or mitigation plan and other relevant facts, if needed, to determine if an actual, potential or perceived conflict of interest exists, as defined by policy or other relevant law. If it does, the STATE will pursue appropriate actions to mitigate, neutralize, or avoid the potential, perceived or actual individual or organizational conflicts of interest. These may include, but not be limited to, termination of the Grant Contract; disqualification from future State grant awards, if it is determined that it improperly failed to disclose a known individual or organizational conflict of interest or misrepresented information regarding such conflict; revising the GRANTEE’s duties so that the conflict is mitigated; allowing the GRANTEE to propose the exclusion of task areas that create a conflict, if appropriate; allowing the individual with the conflict to be removed from taking any actions in relation to the Grant Contract. In cases where a perceived, potential, or actual individual or organizational conflict of interest is suspected, disclosed, or discovered by the GRANTEE throughout the life of the grant contract, they must immediately notify STATE for appropriate action steps to be taken, as defined above. Grantee is responsible for enforcement of this conflict of interest provision for any and all sub- grantees / sub-recipients of funding under this grant contract. When a grantee gives funds to any sub-grantees or sub-recipients, DEED's conflict of interest requirements must be included in the Grant Contracts with any and all sub-grantees or sub-recipients and with all additional tiers of sub-grantees or sub-recipients. All of the above provisions apply to any sub-grantees and applicable language must be included in the grantee / sub-grantee agreements. 17. Successors and Assignees This Grant Contract shall be binding upon any successors or assignees of the parties. 18. Minnesota Business Subsidy Law This Grant Contract must comply with the Minnesota Business Subsidy Law, Minn. Stat §§ 116J.993-116J.995 as applicable. 19. Affirmative Action The Grantee is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled. 20. Discrimination on Account of Race, Creed, or Color The provisions of Minn. Stat. § 181.59 and any successor statutes, which relate to civil rights and discrimination, shall be considered a part of this Agreement as though wholly set forth herein and the Borrower shall comply with each such provision throughout the term of this Contract. Rev. Feb. 2017 8 Rev. Feb. 2017 9 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. § §16A.15 and 16C.05. Signed: ____________________________ By: ______________________________ (with delegated authority) Date: ______________________________ Title: _____________________________ Date: ___________________________ ___________________________________ SWIFT Contract/PO No(s) 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. CITY OF EAGAN By: _______________________________ Mike Maguire Its: Mayor By: _______________________________ Christina M. Scipioni Its: Clerk Date: ______________________________ Distribution: Agency Grantee State’s Authorized Representative – Photo Copy Rev. Feb. 2017 10 EXHIBIT A GRANTEE DUTIES The Grantee, who is not a State employee, will, 1. Administer the project in accordance with the requirements of the Minnesota Investment Fund Program, Minn. Stat. § 116J.8731; Minn. Rules, Chapter 4300; and policies and procedures developed by the State. 2. Enter into a Loan Agreement with the Borrower for $200,000, (“LOAN”) and assure the following conditions are included in such Loan Agreement: 2.1 Conditions a) Loan Term: 60 months b) Interest Rate: 0.0% (unless increased as defined in the Promissory Note) c) Collateral: first security lien (or purchase money security interest) in Digital Wave Scanner and Electrical Generator. Two pieces of equipment to have a purchase value of $232,000 or more. d) The corporate guaranty Heartland Professional Oxygen, LLC and BMC Trust are required. e) The personal guaranty of Michael Carr is required. 2.2 Job Creation and Wages a) The Borrower identified 0 full time equivalent (FTE) base jobs that must be maintained through the Compliance Date. b) The Borrower will create 10 permanent non-contract FTE jobs, all paying at least $18.00 per hour or more in cash wages, exclusive of Benefits, and $25.00 per hour including Benefits on the Compliance Date. Benefits are defined as one or more of the following: health, dental, life and disability insurance, retirement program and profit sharing paid by the Borrower. c) If the Borrower fails to meet the job creation and wage goal level commitments on the Compliance Date, the Grantee may, after holding a public hearing, extend the grant period for one year from the Compliance Date, after approval by the State. If, after the extension, if any, the Borrower fails to meet the job creation goal and wage level commitment, the Borrower will be required to repay the Grantee all or a proportional share of the Loan funds on an accelerated term. The Grantee will then also be required to return to the State all or a proportional share of the Loan funds. The interest rate on the “accelerated” portion of the loan shall increase as defined in the Promissory Note. d) In the event that no jobs are created by the Borrower on the Compliance Date, the Grantee will be required to return all loan funds to the State. 2.3 Payment of Prevailing Wages to Contractors Minn. Stat. § 116J.871 applies if a business receives $500,000 or more in State loan funds and the State funds are used for construction, installation (including equipment), remodeling and repairs. Rev. Feb. 2017 11 2.4 Surety Deposits Required for Construction Contracts Minn. Stat. § 290.9705, pertains to foreign corporations that perform construction work in Minnesota and applies if state funds are used for construction. 2.5 Job Listing Agreement Minn. Stat. § 116L.66, subd. 1, applies when a business or private enterprise receives $200,000 or more per year in funds from the State. When applicable, the business or private enterprise shall agree to enter into a Job Listing Agreement with the MN Department of Employment and Economic Development. 3. Require the Grantee’s attorney to review the loan agreement, promissory note, security agreement (or purchase money security interest), guaranties and/or other documents, if any, considered necessary to secure the loan to ensure they are valid, binding and enforceable. 4. If applicable, retain 40% of each principal and interest payment made by the Borrower, up to $100,000. Repay to the State 60% of each principal and interest payment made by the Borrower until the Grantee has received $100,000 in repayments. Once the Grantee has received $100,000 in repayments, the Grantee will repay the State 100% of every payment on the loan until paid in full. In the event the loan is not paid in full, principal and interest the Grantee retains will be reduced proportionally and returned to the State. 5. The Grantee will establish and maintain a revolving loan fund (RLF) consistent with Minn. Stat. § 116J.8731 Minnesota Investment Fund; Minnesota Rules Chapter 4300; and policies and procedures developed by the State and the State RLF Guidelines published by DEED. The Grantee must retain financial control and decision making authority regarding the use of repayments from the loan. Upon approval by the State, the Grantee may loan or grant money from its RLF to a regional development commission, or other regional entity, or statewide community capital fund to capitalize or to provide the local match required for capitalization of a regional or statewide RLF. 6. Reporting a) Minnesota Investment Fund Annual Progress Reports 1) Submit to the State annual progress reports on forms provided by the State until the project goals have been met or until the Compliance Date, whichever is later. These reports must be submitted January 25th of each year for the period ending December 31, for as long as the project remains open. A final Progress Report is required within 25 days of the Compliance Date. 2) Funds will not be disbursed on any Grant with past due progress reports per OGM Policy 08-09. 3) The State, at its discretion, may require the submittal of additional progress reports. 4) Information required in these reports may include, but is not limited to the following: ● Permanent jobs created ● Hourly base wage ● Date of hire ● Job titles ● Hourly value of benefits ● Benefits provided ● Project expenditures ● Status of project ● Status of payments ● Payroll Report Rev. Feb. 2017 12 b) Minnesota Business Assistance Form (MBAF) Reports 1) Submit to the MN Department of Employment and Economic Development, Office of Economic Analysis, no later than April 1st of each year until the project goals have been met. 7. Keep financial records, including properly executed contracts, invoices, receipts, vouchers, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures made pursuant to this Grant Contract. Accounting methods must be in accordance with generally accepted accounting principles. 8. Complete the project in accordance with the approved budget within the time frames specified in this Grant Contract. 9. Promptly notify the State of any proposed material change in the scope of the project, budget or completion date, which must be approved by the State, prior to implementation. 10. Have on file the necessary documentations to show that all project funds have been used for the items stated in the application. Rev. Feb. 2017 13 Exhibit B Approved Budget Use of Funds MIF Bank Equity Other Other Total Property Acquisition $0 Site Improvement $113,896 $113,896 Building Renovation $0 Construction $0 Machinery & Equip.$200,000 $134,997 $20,000 $354,997 Roads $0 Water $0 Sewer (Sanitation)$0 Vehicles $291,858 $291,858 Total $200,000 $291,858 $248,893 $20,000 $0 $760,751 LOAN AGREEMENT MTNNESOTA INVESTMENT FUND THIS LOAN AGREEMENT ("Agreement") is made and entered into as the f Oay ot Fe*" *!. , ZOt8 by and between the City of Eagan, a Minnesota municipal corporation (the "Lender") and Medical Equipment Solutions, lnc., a Missouri corporation, dba Purair Products (the "Borrower"). (The Lender and Borrower are hereinafter referred to as the "Parties".) Recitals WITNESSETH: WHEREAS, the Lender has applied to the Minnesota Department of Employment and Economic Development for a Minnesota lnvestment Fund Grant (the "MlF Grant") pursuant to an application (the "Grant Application") and received approvalfor said grant in the amount of S2oo,ooo.oo; and WHEREAS, the Borrower has applied to the City of Eagan for a Revolving Loan Fund (the "RLF Loan") pursuant to an application (the "RLF Application") and received approvalfor said RLF Loan in the amount of 520,000.00; and WHEREAS, Lender has agreed to make a loan to Borrower, funded pro rata with the MIF Grant and the RLF Loan in the total amount of 5220,000.00. WHEREAS, Grant Contract Number CDAP-18-0001-H-FY18 (the "Grant Contract") between the Minnesota Department of Employment and Economic Development (the "State") and the Lender has been executed and requires that the Borrower provide sufficient funds to complete financing and agree to loan terms with the Lender regarding the MIF Grant and the RLF Loan; and WHEREAS, the parties hereto agree to incorporate into this Agreement by reference said Grant Application and Grant Contract as if fully set forth herein word for word; NOW THEREFORE, it is agreed by and between the Parties hereto as follows: ARTICLE 1 Definitions Section L.L. Definitions. ln this Agreement, unless a different meaning clearly appears from the context: ,,Benefit Date" means the earlier of: a) the date the purchase of machinery and equipment is fully operational or b) May 37,20!8. Rev. February 2017 ,,Benefits,, is defined a one or more of non-mandated compensation items paid by the Borrower: health, life, dental and disability insurance, retirement compensation and profit sharing as part of employee's compensation' ,,Borrowe/, means Medical Equipment solutions lnc. dba Purair Products, a Missouri corporation. "City" means the CitY of Eagan. "County'' means Dakota CountY. "Compliance Date" means the date that is two (2) years after the Benefit Date' ,,DEED" means Department of Employment and Economic Development' ,,Development property" means the real property described at Exhibit A attached hereto' "Eagan'S RLF Program" means the City's Revolving Loan Fund Program' ,,Equipment" means the machinery and equipment purchased by the Borrower with the Loan and described in Exhibit B attached hereto' ,,Expiration Date" means three months after the compliance Date' ,,Full-Time Equivalent Job" means an employee that is employed 2080 hours per year' ,,Grant Contract" means Minnesota Department of Employment and Economic Development Grant Contract # cDAP-18-0001-H-FY18 attached as EXHIBIT C. ,,lnitial Disbursement Date" means the date of the first disbursement of any Loan Proceeds by the Lender to the Borrower' "Jurisdiction" means the corporate boundaries of the Lender' "Lender" means the CitY of Eagan. "Leveraged Funds" means the funds described in Section 2.2. of this Agreement. ,,Loan" means the funds loaned by the Lender to the Borrower pursuant to this Agreement. ,,Loan Documents" means this Agreement, the Promissory Note, Security Agreement and Guaranty Agreements. Rev. February 2017 ,,Loan Proceeds" means the funds disbursed to the Borrower pursuant to this Agreement and any proceeds thereof. ,,MlF,,meansthe Minnesota lnvestment Fund, Minn. stat.5116J'8731 and Minn' Ruleschapter 4300. ,,MlF Grant,, means the grant of funds by the State to the Lender pursuant to the Grant Contract. ,,New Jobs,, means the new permanent, Full-Time Equivalent, non-contract, non-seasonal jobs to be created bY the Borrower. "Project" means the Borrower's acquisition of machinery, equipment, and trucks' ,,State" means the Minnesota Department of Employment and Economic Development' "Termination Date" means the date of the final payment made to the Lender' ARTICLE 2 Loan, Use of Proceeds and Conditions of Repayment Section 2.1. MIF Loan/Funds. The Lender agrees, on the terms and subject to the conditions hereinafter set forth, to make a loan to the Borrower in an aggregate principal amount not to exceed S22O,OOO for the acquisition of machinery and equipment. The obligation of the Borrower to repay the Loan shall be evidenced by the Promissory Note' The Borrower's obligations under this Agreement are expressly contingent on the Lender's receipt of funds from the State in an amount adequate to make the Loan' section 2,2. Non-MlF (Other) project Funds. The Borrower has secured a commitment for the private financing necessary to complete the Project, in a form and under conditions satisfactory to the Borrower and Lender' (a) The Borrower shall commit not less than 5248,893 of equity and not less than S2gj.,g5g of other private financing for the completion of the Project (collectively the "other Project Funds"). (b) Other project Funds described in the Grant Application must be used at the same amount, for the same purposes and under the same termS, rates and conditions as specified unless written consent is received from the State prior to expenditure' Section 2.3. Loan Terms. The Loan shall bear interest at a rate of zero percent (0'0 %) per annumandshall commencetoaccrueasofthelnitial DisbursementDate. ThetermoftheLoan shall be sixty (60) months commencing as of the lnitial Disbursement Date. The Loan terms may not be modified without prior written approval from the State' Rev. February 2017 Section 2.4. Early Repayment. The Promissory Note may be prepaid in whole or in part at any time without penalty. A prepayment shall first be applied against any accrued interest, and then against any outstanding and past due payments which are due and owing hereunder or under the Agreement, and then the remaining portion of such prepayment shall be applied against the remaining outstanding and unpaid principal balance. Section 2.5. Maintenance and Operation of the Project. As long as any portion of the Loan is still outstanding, Borrower shall maintain and operate the Project and use the Loan Proceeds in compliance with the terms of the Minnesota lnvestment Fund Act (MlF), this Agreement, and all applicable federal, state and local laws, regulations and ordinances, including but not limited to all environmental laws and regulations. Article 3 Conditions of Lending Section 3.L. Condition Precedent to Any Advance. The obligation of the Lender to close the Loan and disburse the proceeds thereof to Borrower shall, subject to waiver by the State, be subject to the condition precedent that the Lender shall have received on or before the date of such closing the Promissory Note duly executed by the Borrower' Section 3.2. Further Conditions Precedent to Disbursement. The obligation of the Lender to disburse the Loan Proceeds shall also be subject to the following conditions precedent: (a) The Loan which is being made to the Borrower shall be consistent with the provisions of the MIF Program. (b) No Event of Default hereunder or event which would constitute such an Event of Default but for the requirement that notice be given or that a period of grace or time elapse, shall have occurred and be continuing' Section 3.3. Disbursement and Deposit of Loan Proceeds. Upon the execution of this Agreement and the satisfaction of all of the conditions specified in Article 6, the Lender shall disburse the full Loan Proceeds to the Borrower. Section 3.4. Termination, This Agreement shall automatically terminate without any notice to Borrower: (a) lf no loan proceeds have been disbursed to the Borrower prior to the Compliance Date; or (b) (1) the Borrower has not received any disbursement of Loan Proceeds from the Lender; and (2) the lf the Borrower fails to pay its debts as they become due, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they Rev. February 2017 become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, becomes "insolvent" as that term is generally defined under the Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter ofthe Federal Bankruptcy Code to another chapter, or is the subject of an order for relief in such bankruptcy case, or is adjudged a bankrupt or insolvent, or has a custodian, trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished, vacated, orstayed within sixty (60)days of the appointment. ARTICLE 4 Acknowledgments, Representations, and Warranties Section 4. L. Acknowledgments. (a) The Borrower acknowledges that the Lender, in order to obtain funds for part of the Borrower's activities in connection with the Project, has applied for the MIF Grant to the State under the Minnesota lnvestment Fund Program, Economic Development Division, and that the Lender has entered into the Grant Contract with the State, setting forth the terms, conditions, and requirements of the MIF Grant. The Borrower further acknowledges that it has made certain representations and statements in the Grant Application concerning its activities relating to the Project, and that the Borrower is designated and identified under the Grant Contract. (b) A copy of the Grant Contract and this Agreement shall be on file in the offices of the Lender. ln the event any provision of this Agreement relating to the Borrower's obligations hereunder is inconsistent with the provisions of the Grant Contract relatingto the Borrower's activities there under, the provisions of the Grant Contract shall prevail. (c) The Borrower acknowledges that nothing contained in the Grant Contract or this Agreement, nor any act of the State orthe Lender, shall be deemed or construed to create between the State and the Borrower (or, except as Borrower and Lender between the Lender and the Borrower) any relationship, including but not limited to that of third party beneficiary, principal and agent, limited orgeneral partnership, or jointventure. As such, the Borrower agrees to hold the state harmless from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, any events related to the Project or the Borrower's participation in this Loan, or Borrower's activities on the Development Property. Section 4.2. Representations and Warranties, The Borrower warrants and represents, in connection with the Loan and forthe benefit of the State and the Lender, that: Rev. February 2017 (a) lt is a Missouri business entity organization, registered and in good standing underthe laws of the State of Minnesota, and is authorized to enter into this Agreement and perform any of the acts required herein. (b) lt has the legal authority and is duly authorized to operate the Project, to ensure the indebtedness of the Promissory Note and the obligations of this Agreement, to execute and deliver the Loan Documents to which it is a party and it has taken all actions necessary and incident to its execution and delivery of the Loan Documents. (c) lts execution and delivery of the Loan Documents to which it is a party, and its incurrence of the Loan Documents does not violate any provision of law or Borrower's corporate documents. (d) The Promissory Note was duly and validly authorized, executed and delivered, and it constitutes the legal, valid and binding obligation of the Borrower enforceable in accordance with its terms. The Loan Documents to which it is a party, have been duly and validly authorized, executed and delivered, and are the legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their respective terms, except to the extent the enforceability thereof may be limited by bankruptcy, insolvency or other law affecting creditor's rights, or the application of equitable principles generally. (e) lt is not in violation of any provisions of its organizational documents or of the laws of local governments, State of Minnesota or U.S. Government, and there are no actions, suits or proceedings pending, or to its knowledge threatened, before or by any judicial body or governmental authority, against or effecting it, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement or to perform any of the acts required of it in the Loan Documents to which it is a party. (f) Neither the execution and delivery of the Loan Documents to which it is a party, nor compliance with any of the terms, conditions, requirements or provisions contained herein or in such referenced documents, is prevented by, is a breach of, orwill result in a breach of any term, condition or provision of any agreement or document to which it is now a party or by which it is bound. (g) lt will maintain adequate capital for the proper operation and administration of its duties under this Agreement. (h) lt will comply with Minn. Stat. 5 716J.8731. and Minn. Rules Chapter 4300 and all of the terms, conditions, provisions and requirements, contained in the Loan Documents to which it is a party. (i) Representations, statements, and other matters provided by the Borrower Rev. February 2017 6 relating to those activities of the Project to be completed by the Borrower, which were contained in the Grant Application, were true and complete in all material respects as of the date of submission to the Lender and such representations, statements, and other matters are true as of the date of this Agreement and there are no adverse material changes in the financial condition of the Borrower's business. (j) The Borrower acknowledges that the State, in selecting the Lender as recipient of the Grant, relied in material part upon the assured completion of the Project to be carried out by the Borrower, and the Borrower warrants that said Project will be carried out as promised. (k) The Borrower warrants that to the best of its knowledge, it has obtained all federal, state, and local governmental approvals, reviews, and permits required by lawto be obtained in connection with the Project and has undertaken and completed all actions necessary for it to lawfully execute this Agreement as binding upon it. (l) The Borrower warrants that it shall keep and maintain books, records, and other documents relating directly to the Other Project Funds, and that any duly authorized representative of the State shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of the Borrower for six years after the expiration of the Agreement or until such time that the Lender and the State have both determined that all issues, requirements, and close-out procedures relatingto or arising out of the Loan have been settled and completed, whichever is later. (m) The Borrower warrants that no transfer of any or all of the Loan Proceeds by the Lender to the Borrower shall be or be deemed an assignment of loan proceeds, and the Borrower shall neither succeed to any rights, benefits, or advantages of the Lender underthe Grant Contract, nor attain any right, privileges, authorities, or interest in or underthe Grant Contract. Section 4.3. Affirmative Covenants. Borrower further warrants and agrees that: (a) lt has sufficient funds to complete the purposes of the Project and sufficient capacity to administer the Project. (b) The Project will be performed in full compliance with all applicable federal, state and local laws, regulations, rules and ordinances, which include but are not limited to all applicable environmental laws, regulations and rules, (c) Borrower agrees to submit reports required in Article 7 and Article 8. ARTICLE 5 Events of Default and Rights and Remedies Section 5.1. Events of Default. Any one or more of the following events shall be deemed and shall constitute an "Event of Default": Rev. February 2017 (a) The interest or principal due under the Promissory Note, or any other payments due and payable under this Agreement or any other document referred to herein, are not paid when due and such nonpayment is not remedied within ten (10) business days after written notice thereof to the Borrower by the Lender; (b) The Borrower is in breach of any of the requirements, terms, conditions, covenants or other agreements in the Loan Documents and remains in breach in any material respect for thirty (30) business days after written notice thereof to the Borrower by the Lender; provided, however, that if such breach shall reasonably be incapable of being cured within such thirty (30) business days after notice, and if the Borrower commences and diligently prosecutes the appropriate steps to cure such breach, no default shall exist so long as the Borrower is proceeding to cure such breach in reasonable period of time; (c) Any representation or warranty made by the Borrower in the Loan Documents, any other document referred to in such documents, or any financial statement, certificate, or report furnished pursuant to this Agreement, or any representation or warranty made order to induce the Lender to close the Loan or disburse the Loan Proceeds, which proves to have been untrue in any material respect or materially misleading as of the time such representation or warranty was made. (d) Borrower shall make an assignment for the benefit of its creditors, or shall be dissolved, or shall commit an act of bankruptcy under the United States Bankruptcy Act (as now or hereafter amended), or shall admit in writing its inability to pay its debts as they become due, or shallfile a petition in bankruptcy, or shall become or be adjudicated as bankrupt or insolvent, however defined, or shallfile a petition seeking any reorganization, dissolution, liquidation, arrangement, composition, readjustment or similar relief under any present or future bankruptcy or insolvency statute, law or regulation, or shall file an answer admitting to or not contesting the material allegations of a petition filed against it in such proceedings, or shall not, within 60 days after the filing of such a petition against it, have the same dismissed or vacated, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of a material part of its properties, or shall not, within 60 days after the appointment (without its consent or acquiescence) of a trustee, receiver or liquidator of any material part of its properties, have such appointment vacated. (e) A court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Borrower seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or any trustee, receiver or liquidator of such entity, shall be appointed without the consent or acquiescence of State. (f) Borrower shall refuse to allow DEED, at any reasonable time and upon prior written notice, to inspect, audit, copy or abstract, any and all of its books, records, papers or other documents relevant to the Borrower's use of the Loan Proceeds. Rev. February 2017 (g) Borrower shall refuse to allow the Minnesota Legislative Auditor or the State Auditor for the State of Minnesota, at any reasonable time and upon prior written notice, to inspect, audit, copy or abstract, any and all books referred to in section 5.1(f). (h) Borrower shallfailto provide annual reporting information as described herein. (i) The Borrower sells, conveys, transfers, encumbers, or otherwise disposes of all or any part of the Development Property or the Equipment without the prior written approval ofthe State and Lender; (j) The Borrower merges or consolidates with any other entity without the prior written approval of the Lender; (k) There is a loss, theft, substantial damage, or destruction of all or any part of the Development Property or the Equipment that is not remedied to the Lender's satisfaction within sixty (60) business days after written notice thereof by the Lender to the Borrower; or (l) The Borrower is in breach of the requirements of Article 7 and Article 8, the Business Subsidy Agreement and Progress Reporting. (m) The occurrence of any other act or event that is noncompliant under the MIF Program. Section 5.2. Rights and Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Lender, the Lender may, at its option, exercise any and all of the following rights and remedies (as well as any other rights and remedies available to it): (a) The Lender may, by notice in writingto the Borrower, refrain from disbursing anyof the Loan Proceeds; provided, however, the Lender may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder, or waiving its right to make any additional disbursements. (b) The Lender may, by written notice to the Borrower, declare immediately due and payable all principal and interest due under the Promissory Note, together with all other sums payable underthe Loan Documents and the same shallthereupon be immediately due and payable without presentment or other demand, protest, notice of dishonor or any other notice of any kind, all of which are hereby expressly waived. (c) The Lender shall have the right, in addition to any other rights provided by law or equity, to enforce its rights and remedies under the Loan Documents. (d) The Lender shall have the right, in addition to any other rights provided by law or Rev. February 2017 9 equity, to initiate litigation forthe breach of anyterm, condition, covenant, requirement or provision contained in the Loan Documents, and to recover damages for such breach, (e) The Lender shall have the right, in addition to any other rights provided by law or equity, to apply to any court, state or federal, for specific performance of any term, condition, covenant, requirement or provision contained in the Loan Documents; for an injunction against any violation of any such term, condition, covenant, requirement and/or provision; or for such other relief as may be appropriate, since the injury to the Lender arising from a default under any of the terms, conditions, covenants requirements and/or provisions of the Loan Documents, would be irreparable and the amount of damage would be difficult to ascertain. Section 5.3. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement, whether provided by operation of law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not be construed to preclude or waive its right to exercise, at the same or different times, any of the other such remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, manner or time thereof, of any obligation of the other party or any condition to its own obligation under this Agreement or any document referred to herein, shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. No delay or failure by either party to exercise any right or remedy shall be a waiver of such right or remedy, and no single or partial exercise by either party of any right or remedy shall preclude other or further exercise thereof for the exercise of any other right or remedy at any other time. Section 5.4. Coltection. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Lender and State, Borrower agrees to pay all costs and expenses of the Lender, including, but not limited to, reasonable attorney's fees, in the collection of any of the obligations or the enforcement of any of the Lender's rights. lf any notice of sale, disposition or other intended action by the Lender is required by law to be given to Borrower, such notice shall be deemed reasonably and properly given if mailed to Borrower at the address specified in Section 9.15(b), or at such other address of Borrower as may be shown on the Lender's records, at least 15 days before such sale, disposition or other intended action. The Lender shall have the right as its option and without demand or notice, to declare allor any part of the Loan immediately due and payable, and in addition to the rights and remedies granted hereby, the Lender shall have all of the rights and remedies available underthe Uniform Commercial Code and any other applicable law. 10Rev. February 2017 Section 5.5. Assignment. lf, prior to the Termination Date, the Borrower sells, conveys, transfers, further mortgages or encumbers, or disposes of the Development Property, or any part thereof or interest therein, or enters into an agreement to do any of the foregoing, the Borrower shall immediately repay all amounts then outstanding on the Loan. This shall be in addition to any other remedies at law or equity available to the Lender. Section 5.6. Appointment for Foreclosure. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Lender and State, Borrower agrees that the Lender may appoint an individual or entity to handle the default proceedings. ARTICLE 6 Disbursement Provisions Section 6.1. Payment Requisition Documentation. The Lender will disburse the loan funds upon receipt and approval by the Lender and the State of the following documentation: (a) This Agreement, fully executed; (b) Promissory note; (c) Evidence of equity injection in the amount of 5248,893; (d) Security Agreement; (e) Financing Notes from the following Lenders: 1) Financing for the purchase of trucks in the amount of S291,858. (f) lnvoices for items funded by the Loan and matching funds. (g) Documentation of total project expenditures will be required prior to final disbursement of MIF funds. (h) The Personal Guarantee(s) of Michael Carr is required. (i) The Corporate Guaranty of Heartland Professional Oxygen, LLC is required. (j) The guaranty of BMC Trust is required. (k) The Borrower shall maintain insurance in adequate amounts covering loss or damage to the collateral. The Lender must be listed as loss payee. (l) Evidence that equipment or other items purchased with the Loan are in the J u risd iction. Upon receipt of such information, the Loan funds will be disbursed upon approval of the lender and DEED on a cost-sharing ratio of 29% MIFIRLF funds to 7l% other funds, up to a total disbursement amount of S220,000. Section 6.2. Review of Documents. The Borrower shall not be entitled to any disbursement of loan proceeds until the Lender's legal counsel and the State have reviewed and approved Loan Documents and the exhibits attached hereto. Section 6.3. Adverse Changes. The Lender and the State will not authorize disbursement of funds if there has been any adverse change in the Borrower's financial condition, organization, Rev. February 2017 1 1 operations or their ability to repay the project financing. ARTICLE 7 Progress Reporting Section 7.1. Progress lnformation. The Borrower shall provide to the Lender information for incorporation into the Minnesota lnvestment Fund progress reports, as required by the State and as needed by the Lender, to monitor the Project for compliance with State and Lender guidelines. This information must be provided until the project goals have been met or until the Compliance Date, whichever is later. At the discretion of the State or Lender additional reporting may be required. This information must be submitted to the Lender no later than: (a) January 15,20L9 for the period ending December 31,20L8; (b) January 15,2020 for the period ending December 3L,20L9; (c) Fifteen days after the Compliance Date. Section 7.2 Documentation to be provided to the Lender: (a) Project status and the status of payments. (b) Additional Leverage. The Borrower must provide to the Lender invoices, sworn construction statements, and or any other information, with each progress report, to document Other Project Funds in addition to the originally included project costs. (c) Job Creation Documentation. The Borrower shall provide to the Lender information on the hiring of each New Job on forms provided by the Lender. This information must include: (l) Permanent jobs created; (2) Job title of each New Job; (3) Date of hire of each new employee; (4) Hourly base wage paid; (5) List of Benefits provided; and (6) Hourly value of Benefits paid. (d) Payroll Report. A formal payroll report verifying job information will be due at the Compliance Date. ARTICLE 8 Business Subsidy Agreement and Reporting Section 8.1.. Business Subsidy Agreement. The provisions of this Section constitute the "Business Subsidy Agreement" for purposes of the Minnesota Business Subsidy Act (Minn. Stat' S 116J,993 - 5 116J.995 and its successor statute.) Rev. February 2017 12 (a) The Borrower acknowledges and agrees that the provisions of Minnesota's Business Subsidy Act apply to this Agreement, as Borrower is receiving government assistance under the terms of this Agreement. (1) The subsidy provided to the Borrower includes the S220,000 loan made hereunder which will be used for the purchase of machinery and equipment. (2) The public purposes and goals of the subsidy are to increase net jobs in the City. (3) The goals for the subsidy are to create jobs that pay a livable wage, per Section 8.1(b) of this Agreement. (4) lf the goals are not satisfied, the Borrower shall make payment to the Lender as required in Section 8.2 of this Agreement. (5) The subsidy is needed because the cost of equipment make the Project economically infeasible without the Loan. (6) The Borrower must continue operations in the Jurisdiction for at least five years following the Benefit Date. (7) The Borrower does not have a parent corporation. (8) ln addition to the assistance provided under this Agreement, the Borrower has received or expects to receive as part of this project, the following financial assistance from other "grantors" as defined in the Business Subsidy Act: none (b) On the Compliance Date, the Borrower shall have: (1) Maintained zero (0) permanent, non-contract, non-seasonal FTE jobs; and (2) Created at least ten (10) New Jobs at the Development Property. The New Jobs must pay a base cash wage of at least S18.00 per hour (exclusive of Benefits) plus a Benefit package sufficient for these New Jobs at a value of at least 525.00 per hour. However, whether or not the wages include Benefits, the total Compensation Package shall be at least S25.00 per hour. New Jobs created on or after January 8,2018 will count toward the Borrower's job creation goal. Section 8.2. Default on Business Subsidy Act Requirements. (a) lf the Borrower fails to meet the job creation goal and wage level commitment on the Compliance Date, the Lender may, after holding a public hearing, extend the Compliance Date for one year, after approval from the State. lf after the extension (if granted), the Borrower fails to meet the job creation goal and wage commitment, the Borrower will be required to repay to the Lender a pro rata share of the Loan principal at 522,000 per FTE job not created, plus interest as defined in Section 8.2 (b) at an accelerated rate. Rev. February 2017 13 (b) ln an Event of Default arising from a breach by the Borrower of any provision of Section 8.1 of this Agreement, if the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysis of the United States Department of Commerce for the 12-month period ending March 3L't of the previous year, exceeds five percent (5.0%) on the date of the earliest such Event of Default, the Borrower shall, in addition to any other payment required hereunder, pay to the Lender the difference between the present value of the interest actually paid and accrued on the Loan as of the date of the payment required bythis Section 8.2 and the amount of interest that would have been paid and accrued on the Loan if the interest rate of the Loan at all times had been equal to the implicit price deflator on the date of the earliest Event of Default; (c) lnterest required in Section 8.2 (b) shall commence to accrue as of the lnitial Disbursement Date; (d) Nothing in this Section 8.2 shall be construed to limit the Lender's rights or remedies under any other provision of this Agreement, and the provisions of Section 8.2 are in addition to any other such right or remedy the Lender may have available. (e) The Borrower shall provide to the Lender information regarding job and wage goals and results for two years after the Benefit Date or until the goals are met, whichever is later. This reporting requirement will expire if the goals are met on the Compliance Date. lf the goals are not met, the Borrower must continue to provide information on the Loan until the Loan is repaid. The information must be filed on the NonJOBZ Minnesota Business Assistance form as found on the MN Department of Employment and Economic Development website and shall include the following: (1) the type, public purpose, and amount of subsidies and type of district, if the subsidy is tax increment financing; (2) the hourly wage of each job created with separate bands of wages; (3) the sum of the hourly wages and cost of health insurance provided by the employer with separate bands of wages; (4) the date the job and wage goals will be reached; (5) a statement of goals identified in the subsidy agreement and an update on achievement of those goals; (6) the location of the recipient prior to receiving the business subsidy; (7) the number of employees who ceased to be employed by the recipient when the recipient relocated to become eligible for the business subsidy; (8) why the recipient did not complete the project outlined in the subsidy agreement at their previous location, if the recipient was previously located at another site in Minnesota; (9) the name and address of the parent corporation of the recipient, if any; (10) a list of all financial assistance by all grantors for the projecU and (11) other information the Commissioner of the MN Dept. of Employment and Economic D Rev. February 20 I 7 14 (f) This information must be provided to the Lender no later than March L of each year for the previous year. lf the Borrower does not submit the report, the Lender shall mail the Borrower a warning within one week of the required filing date. lf, after 14 days of the postmarked date of the warning, the Borrower fails to provide a report, the Borrower must pay to the Lender a penalty of S100 for each subsequent day until the report is filed. The maximum penalty shall not exceed St,00O. ARTICLE 9 Other Conditions Section 9.1. Project Time Frame, The time frame outlined in the Grant Application and Grant Contract pertaining to the Project shall be met by the Borrower. Section 9.2. Promissory Note. The Borrower shall execute a promissory note in substantially the form set forth by the State. Section 9.3. Collateral. The Borrower shallfurnish the Lender description of collateral. Section 9.4. Annual Financial Statements. For the term of the Loan, upon request of the Lender, the Borrower shall submit the most recent annual financial statement prepared in accordance with generally accepted accounting principles. The annual financial statements shall include a profit and loss statement, balance sheet, and statement of cash flow, notes and an opinion from the accountants of such statements acceptable to the Lender. Section 9.5. Discrimination on Account of Race, Creed, or Color. The provisions of Minn, Stat. $ 181.59 and any successor statutes, which relate to civil rights and discrimination, shall be considered a part of this Agreement as though wholly set forth herein and the Borrower shall comply with each such provision throughout the term of this Agreement. Section 9.6 Affirmative Action. The Grantee is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled. Section 9.7. Job Listing Agreement. (Minn. Stat. 5 Section 116L.66 and any successor statutes). When the Loan is for S200,000 or more, the Borrower shall enter into a Job Listing Agreement with the local Workforce Development Center, MN Department of Employment and Economic Development. l5Rev. February 2017 I [ 0z ^rBruqoc ^au :sMollo] se st uotleulolut af ueJnsut uotlesuaduol sJalloM s,Ja/v\oJJoE aql 'Z 'pqns 'I8I'9Ll uot]las 5 'lels 'uult^ Aq pa:rnbar se af,uernsut uotlesuaduoc SJaIJO/V\ pautelqo seq JaMoJJog aql 'alueJnsut uollesuaduro) sJaIJoM 'II'6 uotlras 'saf,rnJas lo slcnpotd sll sasJopua alels aql leql Lulell tou tsnu ra^ oiloB aql pue rapual aLlf 'luauasropul (q) ']selluo] luerg slr.{} tuoJ} 8ut1;nsal paptnord saornJas ro'suo11ecr1qnd'ureiSoJd lly\l aql ol lcadsal q];rvr's.rolceJluotqns Aue ro 'sraqlo Ht!rrt A;lu1oI lo A;;enprnrput ra^ oJJoB aL{} ro} ro Aq pa.reda.rd saft}ou ct;qnd Jeltuts pue'su8ts'sUodar'qlreasar'sasea;ar ssard's1a;qdrued leuotleulo;ur 'sa)r1ou sapnllut Altct;qnd 'uotstnord srr.ll lo sasodrnd rog 'AcuaBe Sur.rosuods arl] se atels aq] A;g1uap; lsnu luauaalSy slq] Jo ralteur pafqns aql Sulpre8a.r Alrcr;qnd Auy .A1rcr;qn6 (e) luaurasropul pue A1;cg1qn6 '0T'6 uotllas 'sreaA roud aalqt aLl] ro1 y167 raldeql pue taldeqc s!ql Jo suorsrnold lle qll/v\ par;dtuoc A11n1 seq pue llertuoo aql 8u;.ralua o].ror.rd sreaA Jepualel aaJqt aq1 3u1lnp aulrl Aue ]e elosauult ul IJo/v\ uot13nJlsuol auop seq rolseJlu03 aqt (Z) )o 'V L6Z taldeqc pue raldeqr s!L{t }o suorsr^ord a;qeor;dde lle q}l/v1 A;druoc llr/v\ ro}ler}uoo aql leL{} pauor}rpuoc'e1osauury11 Aq pasuaJrl Aueduoo af,ueJnsur ue Aq paJnlas'puoq e ro Alarns qsef, e Jauorssr.utuol aql sanrB .roperruo: aql (t) ]l panre/v\ aq Aeu uorlrpu03 srql 'OOO'OSS spaalxa qolq/!\ JoloeJluoo aq] ol sluauAed reaA repualef, a^tlelnunJ 1o luaclad lqSra Eurp;orl]!/v\ pue 8ur1:npap Aq'papuaue se'S0L6'06Z salnlels elosauutlA gllivr Aldruoo ]snu ra/v\oJJog aq] 'lrorvr uotpnJlsuoc ruro;rad of uorlerod.roc uStalol .to uos:ad lerluaprsaJuou e ql!/v\ lleJluof, e Eurneq ro ',Surlcerluoc '.8uurq sr JaAAoJroB aql pue '.uorpnrlsuoo Jo, pasn sr ueol aql Jl 'sper1uol uolllnJlsuof, Jol parlnbag s1;sodag Alarng '6'6 uotllas 'asua#o aleredas e sr sanurluoo uorsr^rpqns s!qllo uorlelorn e Aep qce3 'a8em 8ur;rena:d aqt Aed ol l!eJ A;luanbasqns o1 sf,rueqlaul pue sraroqel o1 pred aq lll/vl sa8enn 8ur;rena.rd leql pal;lual seq oqnn 'rannoJJoB aql roj roueauapsttu e s! ]l 'A11eua6 (q) 'elep qlns ol ssaf,re alqeuoseal alels aql pue fulsnpul pue Joqel ]o luauueda6 aqt ]o lauotssttutuof aql 'lapual aqt /nolle lleqs pue pred servr a8ervr 8ur;renard parrnbar aq] leql Llsrlqelsa o1 Aressacau uotleluaunlop lle ol ssaf,f,p arnsua Jo urelureu lleqs la/v\oJJoB aqI 'uolleluaunf,o6 (e) '9' pqns'zl' LLT 5 pue I L8' lgII 5'lels' uul tA ul pauleluoc sluautalt nba.t a8ervr Eutlrena.rd agqecrldde 11e gllm Aldr.uoc A;a1alduol pue A11n1 l1eqs la/v\olJo8 aq] 'slteda.t ro pue 3ur;apoural '(luaudlnba Surpn;our) uor1e1;elsut 'uotlcnllsuol Jo, pasn st ueol aLll pue spaacord ueol ]o arou ro 0OO'OO9S papre/ne s! ra/v\orlog aql Jl 'atery1 8u1;1enal6 '8'6 uolpas 9I (a) Company Name: (b) Policy Number: nrr SS or., rL. E,^-r,{ L-o\ q.--,L-S ,\-vT--J 4 r (c) LocalAgent: D+^l I E L n^ e-c-+ruv \ \-\-€ D \44C'i-o-r-- of Sv l1-€ T-Y Section 9.12. Effect on Other Agreements. Nothing in this Agreement shall be construed to modify any term of any other agreement to which the Lender and the Borrower are parties. Section 9.13. Release and Indemnification Covenants. Except for any breach of the representations and warranties of the Lender or the negligence or other wrongful act or omission of the following named parties, the Borrower agrees to protect and defend the Lender and the governing body members, officers, agents, servants, and employees thereof, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the acquisition, construction, installation, ownership, maintenance, and operation of the Project and the Borrower's activities on the Development Property. Section 9,14. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Borrower and the lender and approved by the State, Section 9.15. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the Lender: City of Eagan ATTN: Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 with a copy to: Robert B. Bauer, City Attorney Dougherty, Molenda, Solfest, Hills & Bauer P.A. L4985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (b) as to the Borrower: Medical Equipment Solutions, lnc' dba Purair Products ATTN: Michael Carr, President r\z\-L4- L.z\-- . ./\ \ C rr fi,- C-*(|JL- or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 9.15(b). Rev. February 2017 17 Section 9.16 Conflict of lnterests; Representatives Not lndividually Liable. (a) No employee, officer or agent of the Lender shall participate in the administration of a contract supported by this loan if a conflict of interest, real or apparent, would be involved. No employee, officer or agent of the Lender may obtain a financial interest in any agreement with respect to the Loan. No employee, officer, or agent of the Lender shall be personally liable to the Borrower or any successor in interest in the event of any default or breach by the Lender or for any amount that may become due to the Borrower or on any obligation or term of this Agreement. (b) To the best of the Borrower's knowledge, no member, officer, or employee of the Lender, or its officers, employees, designees, or agents, no consultant, member of the governing body of the Lender, and no other public official of the Lender, who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project or in any activity, or benefit there from, which is part of the Project. Section 9.17. Binding Effect, The covenants and agreements in this Agreement shall bind and benefit the heirs, executors, administrators, successors, and assigns of the parties to this Agreement. Section 9.L8. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 9.19. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted only for convenience of reference and shall be disregarded in construing or interpreting any of its provisions. Section 9.20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 9.2L. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18Rev. February 20 I 7 Section 9.22. Waiver. The failure or delay of any party to take any action or assert any right or remedy, or the partial exercise by any party of any right or remedy shall not be deemed to be a waiver of such action, right, or remedy if the circumstances creating such action, right, or remedy continue or repeat. Section 9.23. Entire Agreement. This Agreement, with the exhibits hereto, constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Agreement. Section 9.24. Separability. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. lf any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. Section 9.25. lmmunity. Nothing in this Agreement shall be construed as a waiver by the Lender of any immunities, defenses, or other limitations on liability to which the Lender is entitled by law, including but not limited to the maximum monetary limits on liability established by Minn. Stat. 5 Chapter 466. Rev. February 2017 t9 By: By: lN WITNESS WHEREOF, the Lender has caused this Agreement to be duly executed in its name and behalf and the Borrower has caused this Agreement to be duly executed in its name and behalf as of the date first above written. Lender: City of Eagan Mike Maguire Its: Mayor Christina M. Scipioni Its: Clerk Borrower: Medical Equipment Solutions, lnc. Dba Purair Products By: .,Ga: t-'r-- Michael Carr Its: President Rev. Februarv 20 I 7 20 EXHIB!T A Legal Description of Development property EXH!BIT B Equipment List EXHIBIT C Grant Contract 21Rev. Februarv 201 7 1 SECURITY AGREEMENT This security agreement (the "Security Agreement") is made and given as of this _______ day of ___________________, 2018, by Medical Equipment Solutions, Inc., a Missouri corporation, dba Purair Products, with its principal place of business at 909 Apollo Road, Eagan, MN 55121 (the "Borrower") in favor of the City of Eagan with its offices at 3830 Pilot Knob Road, Eagan, MN 55122 and its endorsees, successors and assigns (the "Lender"). R E C I T A L S A. Lender and Borrower have entered into a certain Loan Agreement, dated ________________________________, 2018 as of the date hereof (the "Loan Agreement"), pursuant to which Lender will loan to Borrower no more than $220,000 (the "Loan") to assist with the purchase of machinery and equipment on the Development Property. The Borrower has agreed to grant to the Lender a security interest in certain pieces of equipment (the “Equipment) described on the Exhibit B attached hereto, such Equipment to be located at the Development Property site described on the Exhibit A attached hereto (the "Development Property"). Borrower's payment obligations under the Loan Agreement will be evidenced by a promissory note (the "Note") dated as of the date hereof. B. As security for the repayment of the Loan, Lender has required that Borrower execute and deliver to Lender this Security Agreement granting a security interest to Lender in the Equipment. C. The Note, this Security Agreement, and any other instruments or documents given as security for the Loan are herein referred to as the "Loan Documents". NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by Borrower, it is agreed as follows: 1. Grant of Security Interest. As security for the payment and performance of the Note and all other liabilities, obligations, and indebtedness of Borrower to Lender due or to become due, direct or indirect, absolute or contingent, joint or several, howsoever created, now or hereafter at any time created, arising, or evidenced under or pursuant to the Note or this Agreement or any other document or instrument evidencing or securing the Note, Borrower does hereby transfer, assign, and grant to Lender a security interest in all of Borrower's right, title, and interest in and to the following (hereinafter collectively referred to as the "Collateral"), whether now owned or hereafter acquired or arising: (a) the Equipment; and (b) any and all proceeds of the foregoing. 2. Borrower's Representations, Warranties and Covenants. Borrower represents, warrants, covenants, and agrees: (a) Organization. Borrower is a Missouri corporation validly existing and in good standing under the laws of the state of Minnesota, and Borrower has full power and authority to execute, deliver, and perform the Loan Documents, and to own its property and conduct its business as presently conducted and as proposed to be conducted. 2 (b) Authorization. The execution, delivery, and performance of this Security Agreement have been duly authorized by all necessary action and will not: (i) require any consent or approval of any entity that has not been obtained; or (ii) violate any provision of any indenture, contract, agreement, or instrument to which Borrower is a party or by which it is bound. (c) Performance by Borrower. Unless Borrower obtains Lender's prior written consent, Borrower shall not: (i) terminate its interest in any of the Collateral; or (ii) sell, transfer, or assign, or offer to sell, transfer or assign all or any part of the Collateral or permit all or any part of the Collateral to be sold, transferred, or assigned; or (iii) remove or consent to the removal of any of the Equipment from the Development Property. (d) Title to Collateral. Borrower shall keep good marketable title to all of the Collateral, and none of the Collateral is subject to any lien or security interest except for the security interest created by this Security Agreement and other security interests consented to in writing by Lender. Borrower has not granted, and will not grant or permit to exist, any lien or security interests in all or a portion of the Collateral other than the liens in favor of Lender and other liens consented to in writing by Lender. Borrower shall defend the Collateral against all claims and demands of all and any other persons at any time claiming any interest therein adverse to Lender. (e) Actions and Proceedings. There are no actions at law, suits in equity, or other proceedings pending before or expected to be filed with any court, governmental agency, commission, bureau, tribunal, or other arbitration proceedings against or affecting Borrower that if adversely determined would adversely affect Borrower's interest in the Collateral or would adversely affect the rights of Borrower to pledge and assign all or a part of the Collateral or the rights and security afforded Lender hereunder. (f) Insurance. Borrower agrees it will keep the Equipment insured at all times against loss by fire and other hazards concerning which, in the judgment of Lender, insurance protection is reasonably necessary and in amounts sufficient to protect against loss or damage of the Equipment. Such policy or policies will contain a loss payable clause in favor of Lender or its successors or assigns, in form satisfactory to Lender, provided, however, that Borrower may, at its reasonable discretion, self-insure the Equipment. (g) No Fixture. If any of the Collateral is or becomes a fixture, Borrower agrees to furnish Lender, at Lender's request, with a statement or statements signed by all persons who have or claim an interest in the real estate concerned, which statements shall provide that the signer consents to the security interest created hereby and disclaims any interest in the Collateral as fixtures. (h) Understandings Regarding Collateral. Borrower acknowledges that the Collateral is of the design, capacity, and manufacture specified for and by Borrower, and that 3 Borrower is satisfied that the same is suitable for its intended purposes. Borrower further acknowledges and agrees that Lender has not made, and does not make, any representation, warranty, or covenant with respect to merchantability, fitness for any purpose, durability, patent, copyright or economic mark infringement, suitability, or capability of any item of Collateral in any respect or in connection with any other purpose or use of Borrower, or any other representation, warranty, or covenant of any kind or character expressed or implied with respect thereto. Borrower accordingly agrees not to assert any claim whatsoever against Lender based thereon. Borrower further agrees, regardless of cause, not to assert any claim whatsoever against Lender for loss of anticipatory profits or consequential damages. (i) Use of Collateral. The Collateral will be used for its intended business purpose and will at all times be located at the Development Property. (j) Condition of Collateral. Borrower will keep the Collateral in good condition and repair, reasonable wear and tear excepted, will permit Lender to enter upon the Development Property at reasonable times for the purpose of examining the Collateral. (k) Costs of Collection. In the event of any action or proceeding to collect or realize upon the Collateral or to enforce any of Lender's rights hereunder, Borrower shall pay: (i) all of Lender's attorneys fees and other legal expenses, with interest thereon, incurred by Lender; (ii) all taxes, levies, insurance expenses, and costs of repairs to, or maintenance of, the Collateral; and (iii) all costs of Lender incurred in taking possession of, disposing of or preserving the Collateral after any Event of Default (defined below). 3. Event of Default. Upon the event of a default under the Loan Agreement, Lender may exercise any remedy available to it under the terms of the Loan Agreement. 4. Further Assurances. Borrower shall execute and deliver to Lender, promptly and at Borrower's expense, Uniform Commercial Code ("Code") financing statements and evidence of tax filings and payments, including without limitation a UCC-1 Financing Statement in substantially the form set forth by the Missouri’s Secretary of State’s office and Minnesota Secretary of State’s Office. Borrower agrees that: (i) Lender is authorized, at its option, to file a carbon, photographic, or other reproduction of this Agreement as a financing statement and that such statement shall be sufficient as a financing statement under the Code; and (ii) Lender is authorized to file financing statements or amendments thereto without the signature of Borrower, provided that if a signature is required by law, then Borrower appoints Lender as Borrower's attorney-in-fact to execute any such financing statements. 5. Cumulative Remedies. All of Lender's rights and remedies herein are cumulative and in addition to any rights or remedies available at law or in equity including the Code, and may be exercised concurrently or separately. Borrower shall pay all costs, expenses, losses, damages and legal costs (including attorneys fees) incurred by Lender as a result of enforcing any terms or conditions of this Agreement. 4 6. No Liability Imposed on Lender. Lender shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge any obligation, duty, or liability, nor shall this Agreement operate to place responsibility for the control, care, or management of the Equipment upon Lender. 7. Indemnification. Borrower agrees to defend, protect, indemnify and hold Lender harmless of and from any and all liability, loss, and damage that Lender does, may, or might incur under or by reason of this Agreement, and of and from any and all claims and demands whatsoever which may be asserted against Lender by reason of any alleged obligations or undertakings to perform or discharge any of the terms, covenants, or agreements contained herein. Should Lender incur any such liability or be required to defend against any such claims or demands, or should a judgment be entered against Lender, the amount thereof, including costs, expenses, and reasonable attorney’s fees, shall bear interest thereon at the rate then in effect on the Note, shall be secured hereby, shall be added to the Loan, and Borrower shall reimburse Lender for the same immediately upon demand, and upon the failure of Borrower so to do, Lender may declare the Loan immediately due and payable. 8. Expenses of Borrower. All expenses in protecting, storing, warehousing, insuring, handling, and shipping of the Collateral, all costs of keeping the Collateral free of liens, encumbrances and security interests (other than the security interest created by this Agreement) and the removing of the same and all excise, property, sales, and use taxes imposed by state, federal, or local authority on any of the Collateral or with respect to the sale thereof, shall be borne and paid for by Borrower and if Borrower fails to promptly pay any amounts thereof when due, Lender may, at its option, but shall not be required to, pay the same, and upon such payment the same shall constitute obligations and shall bear interest at the rate specified in the Note and shall be secured by the security interests granted hereunder. 9. Continuing Rights. The rights and powers of Lender hereunder shall continue and remain in full force effect until the Loan is paid in full. 10. Books and Records. Borrower will permit Lender and its representatives to examine Borrower's books and records (including data processing records and systems) with respect to the Collateral and make copies thereof at any time and from time to time, and Borrower will furnish such information reports to Lender and its representatives regarding the Collateral as Lender and its representatives may from time to time request. Lender shall have the authority, at any time, to require Borrower to place upon Borrower's books and records relating to the Collateral and other rights to payment covered by the security interest created in this Agreement a notation stating that any such Collateral and other rights of payment are subject to a security interest in favor of Lender. 11. Effect on Other Agreements. Nothing in this Agreement shall be construed to modify any term of any other agreement to which Lender and Borrower are parties. 12. Release and Indemnification Covenants. Except for any breach of the representations and warranties of Lender or the negligence or other wrongful act or omission of the following named parties, Borrower agrees to protect and defend Lender and the governing body members, officers, agents, servants and employees thereof, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any 5 person or entity whatsoever arising or purportedly arising from the acquisition, construction, installation, ownership, maintenance, and operation of the Equipment. 13. Modifications. This Agreement may be modified solely through written amendments hereto executed by Lender and Borrower and approved by the State. 14. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the Lender: City of Eagan ATTN: Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 (b) as to the Borrower: Medical Equipment Solutions, Inc. d/b/a Purair Products Attn: Michael Carr, President __________________________ __________________________ or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 14. 15. Conflict of Interests; Representatives Not Individually Liable. No officer or employee of Lender may acquire any financial interest, direct or indirect, in this Agreement, the Equipment, or in any contract related to the Equipment. No officer, agent, or employee of Lender shall be personally liable to Borrower, or any successor in interest, in the event of any default or breach by Lender or for any amount which may become due to Borrower or on any obligation or term of this Agreement. 16. Binding Effect. The covenants and agreements in this Agreement shall bind and benefit the heirs, executors, administrators, successors, and assigns of the parties to this Agreement. 17. Merger. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. 18. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 19. Counterparts. This Agreement may be executed in any number of counterparts, each of whom shall constitute one and the same instrument. 20. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to 6 the jurisdiction of these courts, whether based on convenience or otherwise. 21. Waiver. The failure of any party to take any action or assert any right or remedy, or the partial exercise by any party of any right or remedy, shall not be deemed to be a waiver of such action, right, or remedy if the circumstances creating such action, right, or remedy continue or repeat. 22. Entire Agreement. This Agreement, with the other Loan Documents constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Agreement. 23. Separability. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. 24. Immunity. Nothing in this Agreement shall be construed as a waiver by the Lender of any immunities, defenses, or other limitations on liability to which the Lender is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. 25. Other Matters. All representations and warranties contained in this Agreement or in any other agreement between Borrower and Lender shall survive the execution, delivery and performance of this Agreement and the creation and payment of any indebtedness to Lender. Borrower waives notice of the acceptance of this Agreement by Lender. IN WITNESS WHEREOF, Lender has caused this Agreement to be duly executed in its name and behalf and Borrower has caused this Agreement to be duly executed in its name and behalf as of the date first above written. Lender: City of Eagan By: _________________________ Mike Maguire Its: Mayor 7 By: ________________________ Christina M. Scipioni Its: Clerk Borrower: Medical Equipment Solutions, Inc. dba Purair Products By: _________________________ Michael Carr Its: President 8 EXHIBIT A DEVELOPMENT PROPERTY LEGAL DESCRIPTION LEGAL DESCRIPTION HERE 9 EXHIBIT B TO SECURITY AGREEMENT DESCRIPTION OF EQUIPMENT Rev. February 2017 1 PROMISSORY NOTE $220,000.00 ____________________, 2018 Medical Equipment Solutions, Inc., a Missouri corporation, dba Purair Products (the "Borrower"), for value received, hereby promises to pay to the City of Eagan (the "Lender") or its assigns (the Lender and any assigns are hereinafter referred to as the "Lender"), at its designated principal office or such other place as the Lender may designate in writing, the principal sum of Two Hundred Twenty Thousand and No/100 Dollars ($220,000) or so much thereof as may be advanced under this Note, with interest as hereinafter provided, in any coin or currency which at the time or times of payment is legal tender for the payment of private debts in the United States of America. The principal of this Note is payable in installments due as follows: 1. The Loan in the amount of $220,000 shall accrue interest at the rate of zero percent (0.0%) per annum. Payments by the Borrower of principal and interest shall commence on the first day of the first month immediately following the Initial Disbursement Date, and continue on the first day of each and every month thereafter in the amount of $3,667.00 until paid in full. Such payments shall fully amortize the Loan over sixty (60) months; provided, however, the entire remaining unpaid balance of principal and interest shall be due and payable in full on the first day of the sixths (60th) month following the Initial Disbursement Date with the final payment in the amount of $3,647.00. 2. Notwithstanding Section 1, above, if the goals set forth in Section 8.1(b) of the Loan Agreement are not met by the Compliance Date (as those terms are defined in the Loan Agreement), the Borrower agrees to repay all or a part of the principal amount of this Note on a pro rata basis plus interest set at the greater of 5.0% or the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2 (“Recapture Interest”), accruing from and after the Initial Disbursement Date, compounded annually. Recaptured Principal plus Recapture Interest thereon shall be repaid not later than 30 days after the Lender notifies the Borrower of the amount to be repaid pursuant to Section 8.2 of the Loan Agreement. If the goals are only met in part by the Compliance Date, the Borrower will repay a pro rata portion of the principal amount of this Note (plus Recapture Interest). 3. The Borrower shall have the right to prepay the principal of this Note, in whole or in part, without prepayment penalty. 4. This Note is given pursuant to the Loan Agreement and is secured by a first security lien interest of even date herewith (the "Security Agreement/Purchase Money Security Interest") covering certain equipment located in Dakota County, Minnesota. In the event any such security is found to be invalid for whatever reason, such invalidity shall constitute an event of default hereunder. Rev. February 2017 2 All of the agreements, conditions, covenants, provisions, and stipulations contained in the Loan Agreement, or any instrument securing this Note are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence of this Note. If a default occurs under the Loan Agreement, or any instrument securing this Note, then the Lender of this Note may at its right and option, without notice, declare immediately due and payable the principal balance of this Note, together with any costs of collection including attorney fees incurred by the Lender of this Note in collecting or enforcing payment hereof, whether suit be brought or not, and all other sums due hereunder, or under any instrument securing this Note. The Borrower agrees that the Lender of this Note may, without notice to the Borrower of this Note and without affecting the liability of the Borrower of this Note, accept additional or substitute security for this Note, or release any security or any party liable for this Note or extend or renew this Note. 5. The remedies of the Lender of this Note as provided herein, and in the Loan Agreement, or any other instrument securing this Note, shall be cumulative and concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the Lender of this Note, may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Lender of this Note shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender of this Note and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified, or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment, modifications, or change is sought. 6. This Note shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Note shall be heard in the state or federal courts of Minnesota, and all parties to this Note waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 7. The headings used in this Note are solely for convenience of reference, are no part of this Note, and are not to be considered in construing or interpreting this Note. 8. This Note, with the other Loan Documents, constitutes the entire Note between the parties pertaining to its subject matter and it supercedes all prior contemporaneous Notes, representations, and understandings of the parties pertaining to the subject matter of this Note. 9. Separability. Wherever possible, each provision of this Note and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the Rev. February 2017 3 extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note or any other related document. 10. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed as of the ___day of _______________, 2018. Borrower: Medical Equipment Solutions, Inc. dba Purair Products By: __________________________________ Michael Carr Its: President GUARANTY – INDIVIDUAL In order to induce the City of Eagan (the "Lender"), to extend credit or other financial accommodations to Medical Equipment Solutions, Inc., a Missouri corporation, dba Purair Products (the "Borrower") registered in Minnesota, in an original principal amount of $220,000 (the "Loan"), and as evidenced by the City of Eagan’s Promissory Note (the "Note") of even date herewith executed by the Borrower payable to the order of the Lender, the undersigned (the "Guarantor") hereby: l. Unconditionally and absolutely guarantees to the Lender: (a) The full and prompt payment when due, whether at the maturity date specified in the Note or earlier upon acceleration of maturity pursuant to the provisions thereof, of principal, interest, and late charges, if any, specified in the Note and any and all renewals thereof including notes taken in substitution therefore; and, (b) The payment and performance by the Borrower and any accommodating parties of their obligations under and pursuant to the Loan and any and all documents related thereto, including specifically, but not by way of limitation, the City of Eagan’s Loan Agreement (the "Loan Agreement"), the City’s Security Agreement (purchase money security interest) (the “Security Agreement”), each of even date herewith and to which Borrower is a party. (The Note and such other liability, indebtedness and obligations, are hereinafter collectively referred to as the "Obligations"); together with the full and prompt payment of any and all of Lender's fees, costs and expenses of and incidental to the enforcement of the Obligations, and the enforcement of this Guaranty, including, without limitation, reasonable attorneys' fees, plus interest thereon at the lesser of 18% per annum based upon a 365 day year or the highest rate authorized by law. 2. Agrees that the Lender may demand payment from the Guarantor of any installment (or portion thereof) of principal or interest on the Loan, when due, and the Guarantor shall immediately pay the same to the Lender, and the Lender may demand payment or performance of any or all of the Obligations, when such payment or performance is due or required, and the Guarantor shall immediately pay or perform the same, whether or not the Lender has commenced repossession of any or all collateral or security, or foreclosure of any security interest, mortgage or other lien in or on any of such collateral and security, or otherwise exercised its rights and remedies hereunder or under the Loan, the documents related thereto, or applicable law. 3. Waives (i) presentment, demand, notice of non-payment, protest and notice of protest and dishonor on the Obligations, (ii) notice of acceptance of this Guaranty by the Lender, and, (iii) notice of the creation or incurrence of the Obligations by the Borrower. 2 4. Grants to Lender, in Lender's sole discretion and without notice to the Guarantor, which notice is hereby waived by the Guarantor, and subject only to the provisions of any agreement between the Debtor or any other party and Lender at the time in force, the following powers: (a) To modify or otherwise change any terms of all or any part of the Obligations or the rate of interest thereon, (but not to increase the principal amount of the Note), to grant any extension or renewal thereof and any other indulgence with respect thereto, and to effect any release, comprise or settlement with respect thereto; (b) To enter into any agreement of forbearance with respect to all or any part of the Obligations, or with respect to all or any part of the collateral or security, and to change the terms of any such agreement; (c) To forbear from calling for additional collateral or security, or to secure any obligation comprised in any collateral pledged to secure repayment of the Obligations; (d) To consent to the substitution, exchange, or release of all or any part of the collateral or security, whether or not any such collateral or security received by the Lender upon any such substitution, exchange, or release shall be of the same or of a different character or value than the collateral or security surrendered by Lender; and (e) In the event of nonpayment when due, whether by acceleration or otherwise, of any of the Obligations, or in the event of default in the performance of any obligation comprised in the collateral or security, to realize on such collateral or any part thereof, as a whole or in such parcels or subdivided interest as the Lender may elect, at any public or private sale or sales, for cash or on credit or for future delivery, without demand, advertisement of notice of the time or place of sale or any adjournment thereof (the Guarantor hereby waiving any such demand, advertisement and notice to the extent permitted by law), or by foreclosure or otherwise, or to forbear from realizing thereon, all as Lender in its sole and uncontrolled discretion may deem proper, and to purchase all or any part of such collateral or security for its own account at any such sale or foreclosure, such powers to be exercised only to the extent permitted by law. 5. Agrees that the Lender shall not be required to first resort for payment to the Borrower or any other person, corporation or entity, or their properties or estates, or any collateral or security, or other rights or remedies whatsoever, prior to enforcing this Guaranty. 6. Agrees that this Guaranty shall be construed as a continuing, absolute, and unconditional guaranty without regard to (i) the validity, regularity or enforceability of the Obligations, or the disaffirmance thereof in any insolvency or bankruptcy proceeding relating to the Borrower, or (ii) any event or any conduct or action of the Borrower, the Lender, or any other party which might otherwise constitute a legal or equitable discharge of a surety or guarantor but for this provision. 3 7. Agrees that this Guaranty shall remain in full force and effect and be binding upon the Guarantor until the Obligations are paid in full. 8. Agrees that no act, omission or thing, except full payment and discharge of the Obligations, which but for this provision could act as a release or impairment of the liability of the Guarantor, or any of them, and the Guarantor waive any and all defenses of the Borrower pertaining to the Obligations, any evidence thereof, and any collateral or security therefore, except the defense of discharge by payment in full. 9. Agrees that the Lender is expressly authorized to forward or deliver any or all collateral or security which may at any time be placed with it by the Borrower, the Guarantor, or any other person, directly to the Borrower for collection and remittance or for credit, or to collect the same in any other manner and to renew, extend, compromise, exchange, release, surrender or modify the installments of, any or all of such collateral or security with or without consideration and without notice to the Guarantor, and without in any manner affecting the absolute liability of the Guarantor hereunder. Further that the liability of the Guarantor hereunder shall not be affected or impaired by the failure, neglect or omission on the part of the Lender to realize upon the Obligations, or upon any collateral or security therefore, nor by the taking by the Lender of any other guaranty or guaranties to secure the Obligations or any other indebtedness of the Borrower to the Lender, nor by the taking by the Lender of collateral or security of any kind, nor by any act or failure to act whatsoever which, but for this provision, might or could in law or in equity act to release or reduce the Guarantor's liability hereunder. 10. Guarantor's obligations hereunder, and the rights of Lender in the collateral or security, shall not be released, discharged or in any way affected, nor shall the Guarantor have any rights or recourse against Lender, by reason of the fact that (i) any of such collateral or security may be in default at the time of acceptance thereof by Lender or later, (ii) a valid lien in any of such collateral or security may not be conveyed to, or created in favor of, Lender, (iii) any of such collateral or security may be subject to equities or defenses or claims in favor of others, or may be invalid or defective in any way, (iv) any of the Obligations may be invalid for any reason whatsoever, (v) the value of any of such collateral or security, or the financial condition of the Debtor or of any obligor under or guarantor of any of such collateral or security, may not have been correctly estimated or may have changed or hereafter change, (vi) there may have been any deterioration, waste, or loss by fire, theft, otherwise of any of such collateral or security, unless such deterioration, waste, or loss be caused by the willful act or willful failure to act of the Lender. 11. Agrees that so long as any portion of the Obligations are due and owing, or to become due and owing, by the Borrower to the Lender, the Guarantor shall not, without the prior written consent of the Lender, collect or seek to collect from the Borrower the claim, if any, by subrogation or otherwise, acquired by the Guarantor through payment of any part or all of the Obligations. 12. Agrees that the liability of the Guarantor hereunder shall not be affected or impaired by 4 the existence or creation from time to time, with or without notice to the Guarantor which notice is hereby waived, of indebtedness from the Borrower to the Lender in addition to the indebtedness evidenced by the Note. The Guarantor hereby consents to the creation or existence of such additional indebtedness. 13. Agrees that the possession of this instrument of guaranty by the Lender shall be conclusive evidence of due execution and delivery hereof by the Guarantor. 14. Agrees that this Guaranty shall be binding upon the legal representatives, successors and assigns of the Guarantor, and shall inure to the benefit of the Lender and its successors, assigns and legal representatives. That, notwithstanding the foregoing, the Guarantor shall have no right to assign or otherwise transfer its rights and obligations under this Guaranty to any third party without the prior written consent of the Lender, and that any such assignment or transfer shall not release or affect the liability of the Guarantor hereunder in any manner whatsoever. 15. Agrees that the Guarantor may be joined in any action or proceeding commenced against the Borrower in connection with or based upon the Obligations, and recovery may be had against the Guarantor in any such action or proceeding or in any independent action or proceeding against the Guarantor should the Borrower fail to duly and punctually pay any of the principal of or interest on the Obligations, without any requirement that the Lender first assert, prosecute or exhaust any remedy or claim against the Borrower or against any collateral or security. 16. Agrees that upon the occurrence at any time of an event of default under either the Note, the Mortgage or the Loan Agreement, and during the continuance thereof, the Lender shall have the right to set off any and all amounts due hereunder by the Guarantor to the Lender against any indebtedness or obligation of the Lender to the Guarantor. 17. Agrees that the Guarantor shall be liable to the Lender for any deficiency remaining after foreclosure of any mortgage or any security interest granted by the Borrower, the Guarantor or any third party to the Lender to secure repayment of the Obligations and the subsequent sale by the Lender of the property subject thereto to a third party (whether at a foreclosure sale or at a sale thereafter by the Lender in the event the Lender purchases said property at the foreclosure sale), notwithstanding any provision of applicable law which may prevent the Lender from obtaining a deficiency judgment against, or otherwise collecting a deficiency judgment from, the Borrower, including, without limitation, Minn. Stat. § 582.30. 18. Notwithstanding any payment or payments made by the Guarantor hereunder or any setoff or application of funds of the Guarantor by the Lender, the Guarantor shall not be entitled to be subrogated to any of the rights of the Lender against the Borrower or any other guarantor or any collateral, security or guarantee or right of offset held by the Lender for the payment of the Obligations, nor shall the Guarantor seek or be entitled to seek any contribution or reimbursement from the Borrower or any other guarantor in respect of payments made by the Guarantor hereunder, until all amounts owing to the Lender by the Borrower on account of the Obligations are irrevocably paid in full. If any amount shall be paid to the Guarantor on account 5 of such subrogation rights at any time when all of the Obligations shall not have been irrevocably paid in full, such amount shall be held by the Guarantor in trust for the Lender, segregated from other funds of the Guarantor, and shall forthwith upon receipt by the Guarantor be turned over to the Lender in the exact form received by the Guarantor (duly endorsed by the Guarantor to the Lender if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Lender may determine. Notwithstanding any of the foregoing, to the extent any right of subrogation which the Guarantor may have pursuant to this Guaranty or otherwise, or any right of reimbursement or contribution or similar right against the Borrower, any property of the Borrower or any other guarantor of any of the Obligations would result in the Guarantor being a "creditor" of the Borrower within the meaning of Section 547 of Title 11 of the United States Bankruptcy Code as now in effect or hereafter amended, or any comparable provision of any successor statute, the Guarantor hereby irrevocably waives such right of subrogation, reimbursement or contribution . 19. Agrees that this Guaranty shall be deemed a contract made under and pursuant to the laws of the State of Minnesota, and shall be governed by and construed under the laws of such state. That, wherever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Guaranty, and to such extent the provisions of this Guaranty shall be severable. 20. Agrees that no failure on the part of the Lender to exercise, and no delay in exercising, any right or remedy hereunder shall operate as or constitute a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof, or the exercise of any other right or remedy granted hereby or by any related document or by law. 21. Waives any and all claims against the Lender and defenses to performance and payment hereunder relating in any way, directly or indirectly, to the performance of the Lender's obligations or exercise of any of its rights under the Note and the documents related thereto. 22. Warrants and represents to the Lender as follows: (a) This Guaranty constitutes the legal, valid and binding obligation of the Guarantor enforceable in accordance with its terms (subject, as to enforceability, to limitations resulting from bankruptcy, insolvency or other similar laws affecting creditors' rights generally). (b) There is no action, suit or proceeding pending or, to the knowledge of the Guarantor, threatened against or affecting the Guarantor which, if adversely determined, would have a material adverse effect on the condition (financial or otherwise), properties or assets of the Guarantor, or which would question the validity of this Guaranty or any 6 instrument, document or other agreement related hereto or required hereby, or impair the ability of the Guarantor to perform its obligations hereunder or thereunder. (c) Guarantor are not in default of any material provision under any material agreement, instrument, decree or order to which it is a party, or by which it or its property is bound or affected. (d) No consent, approval, order or authorization of, or registration, declaration or filing with, or notice to, any governmental authority or any third party is required in connection with the execution and delivery of this Guaranty or any of the agreements or instruments herein mentioned to which the Guarantor is a party, or the carrying out or performance of any of the transactions required or contemplated hereby or thereby, or, if required, such consent, approval, order or authorization has been obtained or such registration, declaration or filing has been accomplished, or such notice has been given prior to the date hereof. (e) Guarantor have filed all tax returns required to be filed, and have paid all taxes shown thereon to be due, including interest and penalties, which are not being contested in good faith and by appropriate proceedings, and it has no information or knowledge of any objections to or claims for additional taxes in respect of federal income or excess profits tax returns for prior years. 23. Agrees that the liability of the Guarantor and any other guarantor of the Obligations shall be joint and several. 24. Acknowledge, understand, and agree that if Lender enters into, has entered into, or will enter into, any form of guaranty with any other lending institution under which it guaranties a portion of the Obligations, then the Guarantor will not be a coguarantor with the Lender, shall have no right of contribution with the Lender, shall have no right of contribution against the Lender, and all liability hereunder shall continue notwithstanding payment by the Lender under any guaranty to such other lending institution. 25. Agrees that the Guarantor will directly or indirectly benefit by the making of the Loan, and that the Lender has agreed to make the Loan in reliance upon this Guaranty. 26. Agrees that if, at any time, all or any part of any payment previously applied by the Lender to any of the Obligations must be returned by the Lender for any reason, whether by court order, administrative order or settlement, the Guarantor shall remain liable for the full amount returned as if said amount had never been received by the Lender, notwithstanding any term of this Guaranty or the cancellation or return of any note or other agreement evidencing the Obligations. 27. Agrees that all liability hereunder shall continue notwithstanding the incapacity, lack of authority, death, or disability of any one or more of the Guarantor, and that any failure by the 7 Lender or its assigns to file or enforce a claim against the estate of any of the Guarantor shall not operate to release any other of the Guarantor from liability hereunder. The failure of any other person to sign this Guaranty shall not release or affect the liability of any of the Guarantor. 28. Consents to the personal jurisdiction of the state and federal courts located in the State of Minnesota in connection with any controversy related to this Guaranty, waives any argument that venue in such forums is not convenient, and agrees and consents that any litigation initiated by either the Borrower, the Guarantor or the Lender relating to and in connection with this Guaranty shall venue in either the District Court for the County of Dakota, State of Minnesota, or the United States District Court for the District of Minnesota. 29. Agrees to furnish Lender or the holder of the Note, so long as any part of the Obligations remain unpaid; (i) federal and state tax returns within 30 days after they have been filed, and (ii) upon demand, but not more often than semiannually, a financial statement setting forth, in reasonable detail, the assets, liabilities, and net worth of the Guarantor. THE UNDERSIGNED entered into and executed this City of Eagan Guaranty on the day and date indicated immediately below his signature. GUARANTOR: Michael Carr Executed on ______ , 2018. STATE OF MINNESOTA COUNTY OF The foregoing City of Eagan’s Guaranty was acknowledged before me ______________, 2018, by Michael Carr on his own behalf. Notary Public GUARANTY – CORPORATE In order to induce the City of Eagan (the "Lender"), to extend credit or other financial accommodations to Medical Equipment Solutions, Inc., a Missouri corporation, dba Purair Products (the "Borrower") registered in Minnesota, in an original principal amount of $220,000 (the "Loan"), and as evidenced by the City of Eagan’s Promissory Note (the "Note") of even date herewith executed by the Borrower payable to the order of the Lender, the undersigned (the "Guarantor") hereby: l. Unconditionally and absolutely guarantees to the Lender: (a) The full and prompt payment when due, whether at the maturity date specified in the Note or earlier upon acceleration of maturity pursuant to the provisions thereof, of principal, interest, and late charges, if any, specified in the Note and any and all renewals thereof including notes taken in substitution therefore; and, (b) The payment and performance by the Borrower and any accommodating parties of their obligations under and pursuant to the Loan and any and all documents related thereto, including specifically, but not by way of limitation, the City of Eagan’s Loan Agreement (the "Loan Agreement"), the City’s Security Agreement (purchase money security interest) (the “Security Agreement”), each of even date herewith and to which Borrower is a party. (The Note and such other liability, indebtedness and obligations, are hereinafter collectively referred to as the "Obligations"); together with the full and prompt payment of any and all of Lender's fees, costs and expenses of and incidental to the enforcement of the Obligations, and the enforcement of this Guaranty, including, without limitation, reasonable attorneys' fees, plus interest thereon at the lesser of 18% per annum based upon a 365 day year or the highest rate authorized by law. 2. Agrees that the Lender may demand payment from the Guarantor of any installment (or portion thereof) of principal or interest on the Loan, when due, and the Guarantor shall immediately pay the same to the Lender, and the Lender may demand payment or performance of any or all of the Obligations, when such payment or performance is due or required, and the Guarantor shall immediately pay or perform the same, whether or not the Lender has commenced repossession of any or all collateral or security, or foreclosure of any security interest, mortgage or other lien in or on any of such collateral and security, or otherwise exercised its rights and remedies hereunder or under the Loan, the documents related thereto, or applicable law. 3. Waives (i) presentment, demand, notice of non-payment, protest and notice of protest and dishonor on the Obligations, (ii) notice of acceptance of this Guaranty by the Lender, and, (iii) notice of the creation or incurrence of the Obligations by the Borrower. 2 4. Grants to Lender, in Lender's sole discretion and without notice to the Guarantor, which notice is hereby waived by the Guarantor, and subject only to the provisions of any agreement between the Debtor or any other party and Lender at the time in force, the following powers: (a) To modify or otherwise change any terms of all or any part of the Obligations or the rate of interest thereon, (but not to increase the principal amount of the Note), to grant any extension or renewal thereof and any other indulgence with respect thereto, and to effect any release, comprise or settlement with respect thereto; (b) To enter into any agreement of forbearance with respect to all or any part of the Obligations, or with respect to all or any part of the collateral or security, and to change the terms of any such agreement; (c) To forbear from calling for additional collateral or security, or to secure any obligation comprised in any collateral pledged to secure repayment of the Obligations; (d) To consent to the substitution, exchange, or release of all or any part of the collateral or security, whether or not any such collateral or security received by the Lender upon any such substitution, exchange, or release shall be of the same or of a different character or value than the collateral or security surrendered by Lender; and (e) In the event of nonpayment when due, whether by acceleration or otherwise, of any of the Obligations, or in the event of default in the performance of any obligation comprised in the collateral or security, to realize on such collateral or any part thereof, as a whole or in such parcels or subdivided interest as the Lender may elect, at any public or private sale or sales, for cash or on credit or for future delivery, without demand, advertisement of notice of the time or place of sale or any adjournment thereof (the Guarantor hereby waiving any such demand, advertisement and notice to the extent permitted by law), or by foreclosure or otherwise, or to forbear from realizing thereon, all as Lender in its sole and uncontrolled discretion may deem proper, and to purchase all or any part of such collateral or security for its own account at any such sale or foreclosure, such powers to be exercised only to the extent permitted by law. 5. Agrees that the Lender shall not be required to first resort for payment to the Borrower or any other person, corporation or entity, or their properties or estates, or any collateral or security, or other rights or remedies whatsoever, prior to enforcing this Guaranty. 6. Agrees that this Guaranty shall be construed as a continuing, absolute, and unconditional guaranty without regard to (i) the validity, regularity or enforceability of the Obligations, or the disaffirmance thereof in any insolvency or bankruptcy proceeding relating to the Borrower, or (ii) any event or any conduct or action of the Borrower, the Lender, or any other party which might otherwise constitute a legal or equitable discharge of a surety or guarantor but for this provision. 3 7. Agrees that this Guaranty shall remain in full force and effect and be binding upon the Guarantor until the Obligations are paid in full. 8. Agrees that no act, omission or thing, except full payment and discharge of the Obligations, which but for this provision could act as a release or impairment of the liability of the Guarantor, or any of them, and the Guarantor waive any and all defenses of the Borrower pertaining to the Obligations, any evidence thereof, and any collateral or security therefore, except the defense of discharge by payment in full. 9. Agrees that the Lender is expressly authorized to forward or deliver any or all collateral or security which may at any time be placed with it by the Borrower, the Guarantor, or any other person, directly to the Borrower for collection and remittance or for credit, or to collect the same in any other manner and to renew, extend, compromise, exchange, release, surrender or modify the installments of, any or all of such collateral or security with or without consideration and without notice to the Guarantor, and without in any manner affecting the absolute liability of the Guarantor hereunder. Further that the liability of the Guarantor hereunder shall not be affected or impaired by the failure, neglect or omission on the part of the Lender to realize upon the Obligations, or upon any collateral or security therefore, nor by the taking by the Lender of any other guaranty or guaranties to secure the Obligations or any other indebtedness of the Borrower to the Lender, nor by the taking by the Lender of collateral or security of any kind, nor by any act or failure to act whatsoever which, but for this provision, might or could in law or in equity act to release or reduce the Guarantor's liability hereunder. 10. Guarantor's obligations hereunder, and the rights of Lender in the collateral or security, shall not be released, discharged or in any way affected, nor shall the Guarantor have any rights or recourse against Lender, by reason of the fact that (i) any of such collateral or security may be in default at the time of acceptance thereof by Lender or later, (ii) a valid lien in any of such collateral or security may not be conveyed to, or created in favor of, Lender, (iii) any of such collateral or security may be subject to equities or defenses or claims in favor of others, or may be invalid or defective in any way, (iv) any of the Obligations may be invalid for any reason whatsoever, (v) the value of any of such collateral or security, or the financial condition of the Debtor or of any obligor under or guarantor of any of such collateral or security, may not have been correctly estimated or may have changed or hereafter change, (vi) there may have been any deterioration, waste, or loss by fire, theft, otherwise of any of such collateral or security, unless such deterioration, waste, or loss be caused by the willful act or willful failure to act of the Lender. 11. Agrees that so long as any portion of the Obligations are due and owing, or to become due and owing, by the Borrower to the Lender, the Guarantor shall not, without the prior written consent of the Lender, collect or seek to collect from the Borrower the claim, if any, by subrogation or otherwise, acquired by the Guarantor through payment of any part or all of the Obligations. 4 12. Agrees that the liability of the Guarantor hereunder shall not be affected or impaired by the existence or creation from time to time, with or without notice to the Guarantor which notice is hereby waived, of indebtedness from the Borrower to the Lender in addition to the indebtedness evidenced by the Note. The Guarantor hereby consents to the creation or existence of such additional indebtedness. 13. Agrees that the possession of this instrument of guaranty by the Lender shall be conclusive evidence of due execution and delivery hereof by the Guarantor. 14. Agrees that this Guaranty shall be binding upon the legal representatives, successors and assigns of the Guarantor, and shall inure to the benefit of the Lender and its successors, assigns and legal representatives. That, notwithstanding the foregoing, the Guarantor shall have no right to assign or otherwise transfer its rights and obligations under this Guaranty to any third party without the prior written consent of the Lender, and that any such assignment or transfer shall not release or affect the liability of the Guarantor hereunder in any manner whatsoever. 15. Agrees that the Guarantor may be joined in any action or proceeding commenced against the Borrower in connection with or based upon the Obligations, and recovery may be had against the Guarantor in any such action or proceeding or in any independent action or proceeding against the Guarantor should the Borrower fail to duly and punctually pay any of the principal of or interest on the Obligations, without any requirement that the Lender first assert, prosecute or exhaust any remedy or claim against the Borrower or against any collateral or security. 16. Agrees that upon the occurrence at any time of an event of default under either the Note, the Mortgage or the Loan Agreement, and during the continuance thereof, the Lender shall have the right to set off any and all amounts due hereunder by the Guarantor to the Lender against any indebtedness or obligation of the Lender to the Guarantor. 17. Agrees that the Guarantor shall be liable to the Lender for any deficiency remaining after foreclosure of any mortgage or any security interest granted by the Borrower, the Guarantor or any third party to the Lender to secure repayment of the Obligations and the subsequent sale by the Lender of the property subject thereto to a third party (whether at a foreclosure sale or at a sale thereafter by the Lender in the event the Lender purchases said property at the foreclosure sale), notwithstanding any provision of applicable law which may prevent the Lender from obtaining a deficiency judgment against, or otherwise collecting a deficiency judgment from, the Borrower, including, without limitation, Minn. Stat. § 582.30. 18. Notwithstanding any payment or payments made by the Guarantor hereunder or any setoff or application of funds of the Guarantor by the Lender, the Guarantor shall not be entitled to be subrogated to any of the rights of the Lender against the Borrower or any other guarantor or any collateral, security or guarantee or right of offset held by the Lender for the payment of the Obligations, nor shall the Guarantor seek or be entitled to seek any contribution or reimbursement from the Borrower or any other guarantor in respect of payments made by the Guarantor hereunder, until all amounts owing to the Lender by the Borrower on account of the 5 Obligations are irrevocably paid in full. If any amount shall be paid to the Guarantor on account of such subrogation rights at any time when all of the Obligations shall not have been irrevocably paid in full, such amount shall be held by the Guarantor in trust for the Lender, segregated from other funds of the Guarantor, and shall forthwith upon receipt by the Guarantor be turned over to the Lender in the exact form received by the Guarantor (duly endorsed by the Guarantor to the Lender if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Lender may determine. Notwithstanding any of the foregoing, to the extent any right of subrogation which the Guarantor may have pursuant to this Guaranty or otherwise, or any right of reimbursement or contribution or similar right against the Borrower, any property of the Borrower or any other guarantor of any of the Obligations would result in the Guarantor being a "creditor" of the Borrower within the meaning of Section 547 of Title 11 of the United States Bankruptcy Code as now in effect or hereafter amended, or any comparable provision of any successor statute, the Guarantor hereby irrevocably waives such right of subrogation, reimbursement or contribution . 19. Agrees that this Guaranty shall be deemed a contract made under and pursuant to the laws of the State of Minnesota, and shall be governed by and construed under the laws of such state. That, wherever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Guaranty, and to such extent the provisions of this Guaranty shall be severable. 20. Agrees that no failure on the part of the Lender to exercise, and no delay in exercising, any right or remedy hereunder shall operate as or constitute a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof, or the exercise of any other right or remedy granted hereby or by any related document or by law. 21. Waives any and all claims against the Lender and defenses to performance and payment hereunder relating in any way, directly or indirectly, to the performance of the Lender's obligations or exercise of any of its rights under the Note and the documents related thereto. 22. Warrants and represents to the Lender as follows: (a) This Guaranty constitutes the legal, valid and binding obligation of the Guarantor enforceable in accordance with its terms (subject, as to enforceability, to limitations resulting from bankruptcy, insolvency or other similar laws affecting creditors' rights generally). (b) There is no action, suit or proceeding pending or, to the knowledge of the Guarantor, threatened against or affecting the Guarantor which, if adversely determined, would have a material adverse effect on the condition (financial or otherwise), properties 6 or assets of the Guarantor, or which would question the validity of this Guaranty or any instrument, document or other agreement related hereto or required hereby, or impair the ability of the Guarantor to perform its obligations hereunder or thereunder. (c) Guarantor are not in default of any material provision under any material agreement, instrument, decree or order to which it is a party, or by which it or its property is bound or affected. (d) No consent, approval, order or authorization of, or registration, declaration or filing with, or notice to, any governmental authority or any third party is required in connection with the execution and delivery of this Guaranty or any of the agreements or instruments herein mentioned to which the Guarantor is a party, or the carrying out or performance of any of the transactions required or contemplated hereby or thereby, or, if required, such consent, approval, order or authorization has been obtained or such registration, declaration or filing has been accomplished, or such notice has been given prior to the date hereof. (e) Guarantor have filed all tax returns required to be filed, and have paid all taxes shown thereon to be due, including interest and penalties, which are not being contested in good faith and by appropriate proceedings, and it has no information or knowledge of any objections to or claims for additional taxes in respect of federal income or excess profits tax returns for prior years. 23. Agrees that the liability of the Guarantor and any other guarantor of the Obligations shall be joint and several. 24. Acknowledge, understand, and agree that if Lender enters into, has entered into, or will enter into, any form of guaranty with any other lending institution under which it guaranties a portion of the Obligations, then the Guarantor will not be a coguarantor with the Lender, shall have no right of contribution with the Lender, shall have no right of contribution against the Lender, and all liability hereunder shall continue notwithstanding payment by the Lender under any guaranty to such other lending institution. 25. Agrees that the Guarantor will directly or indirectly benefit by the making of the Loan, and that the Lender has agreed to make the Loan in reliance upon this Guaranty. 26. Agrees that if, at any time, all or any part of any payment previously applied by the Lender to any of the Obligations must be returned by the Lender for any reason, whether by court order, administrative order or settlement, the Guarantor shall remain liable for the full amount returned as if said amount had never been received by the Lender, notwithstanding any term of this Guaranty or the cancellation or return of any note or other agreement evidencing the Obligations. 7 27. Agrees that all liability hereunder shall continue notwithstanding the incapacity, lack of authority, death, or disability of any one or more of the Guarantor, and that any failure by the Lender or its assigns to file or enforce a claim against the estate of any of the Guarantor shall not operate to release any other of the Guarantor from liability hereunder. The failure of any other person to sign this Guaranty shall not release or affect the liability of any of the Guarantor. 28. Consents to the personal jurisdiction of the state and federal courts located in the State of Minnesota in connection with any controversy related to this Guaranty, waives any argument that venue in such forums is not convenient, and agrees and consents that any litigation initiated by either the Borrower, the Guarantor or the Lender relating to and in connection with this Guaranty shall venue in either the District Court for the County of Dakota State of Minnesota. 29. Agrees to furnish Lender or the holder of the Note, so long as any part of the Obligations remain unpaid; (i) federal and state tax returns within 30 days after they have been filed, and (ii) upon demand, but not more often than semiannually, a financial statement setting forth, in reasonable detail, the assets, liabilities, and net worth of the Guarantor. THE UNDERSIGNED entered into and executed this City of Eagan Guaranty on the day and date indicated immediately below its signature. GUARANTOR: BMC Trust By: Its: __________________ Executed on _______________, 2018. STATE OF_______________ COUNTY OF The foregoing instrument was acknowledged before me this _______ day of _________________, 2018 by ___________________________________, the ___________________, of BMC Trust, a _________________________________________, on behalf of the __________________________________________. Notary Public GUARANTY – CORPORATE In order to induce the City of Eagan (the "Lender"), to extend credit or other financial accommodations to Medical Equipment Solutions, Inc., a Missouri corporation, dba Purair Products (the "Borrower") registered in Minnesota, in an original principal amount of $220,000 (the "Loan"), and as evidenced by the City of Eagan’s Promissory Note (the "Note") of even date herewith executed by the Borrower payable to the order of the Lender, the undersigned (the "Guarantor") hereby: l. Unconditionally and absolutely guarantees to the Lender: (a) The full and prompt payment when due, whether at the maturity date specified in the Note or earlier upon acceleration of maturity pursuant to the provisions thereof, of principal, interest, and late charges, if any, specified in the Note and any and all renewals thereof including notes taken in substitution therefore; and, (b) The payment and performance by the Borrower and any accommodating parties of their obligations under and pursuant to the Loan and any and all documents related thereto, including specifically, but not by way of limitation, the City of Eagan’s Loan Agreement (the "Loan Agreement"), the City’s Security Agreement (purchase money security interest) (the “Security Agreement”), each of even date herewith and to which Borrower is a party. (The Note and such other liability, indebtedness and obligations, are hereinafter collectively referred to as the "Obligations"); together with the full and prompt payment of any and all of Lender's fees, costs and expenses of and incidental to the enforcement of the Obligations, and the enforcement of this Guaranty, including, without limitation, reasonable attorneys' fees, plus interest thereon at the lesser of 18% per annum based upon a 365 day year or the highest rate authorized by law. 2. Agrees that the Lender may demand payment from the Guarantor of any installment (or portion thereof) of principal or interest on the Loan, when due, and the Guarantor shall immediately pay the same to the Lender, and the Lender may demand payment or performance of any or all of the Obligations, when such payment or performance is due or required, and the Guarantor shall immediately pay or perform the same, whether or not the Lender has commenced repossession of any or all collateral or security, or foreclosure of any security interest, mortgage or other lien in or on any of such collateral and security, or otherwise exercised its rights and remedies hereunder or under the Loan, the documents related thereto, or applicable law. 3. Waives (i) presentment, demand, notice of non-payment, protest and notice of protest and dishonor on the Obligations, (ii) notice of acceptance of this Guaranty by the Lender, and, (iii) notice of the creation or incurrence of the Obligations by the Borrower. 2 4. Grants to Lender, in Lender's sole discretion and without notice to the Guarantor, which notice is hereby waived by the Guarantor, and subject only to the provisions of any agreement between the Debtor or any other party and Lender at the time in force, the following powers: (a) To modify or otherwise change any terms of all or any part of the Obligations or the rate of interest thereon, (but not to increase the principal amount of the Note), to grant any extension or renewal thereof and any other indulgence with respect thereto, and to effect any release, comprise or settlement with respect thereto; (b) To enter into any agreement of forbearance with respect to all or any part of the Obligations, or with respect to all or any part of the collateral or security, and to change the terms of any such agreement; (c) To forbear from calling for additional collateral or security, or to secure any obligation comprised in any collateral pledged to secure repayment of the Obligations; (d) To consent to the substitution, exchange, or release of all or any part of the collateral or security, whether or not any such collateral or security received by the Lender upon any such substitution, exchange, or release shall be of the same or of a different character or value than the collateral or security surrendered by Lender; and (e) In the event of nonpayment when due, whether by acceleration or otherwise, of any of the Obligations, or in the event of default in the performance of any obligation comprised in the collateral or security, to realize on such collateral or any part thereof, as a whole or in such parcels or subdivided interest as the Lender may elect, at any public or private sale or sales, for cash or on credit or for future delivery, without demand, advertisement of notice of the time or place of sale or any adjournment thereof (the Guarantor hereby waiving any such demand, advertisement and notice to the extent permitted by law), or by foreclosure or otherwise, or to forbear from realizing thereon, all as Lender in its sole and uncontrolled discretion may deem proper, and to purchase all or any part of such collateral or security for its own account at any such sale or foreclosure, such powers to be exercised only to the extent permitted by law. 5. Agrees that the Lender shall not be required to first resort for payment to the Borrower or any other person, corporation or entity, or their properties or estates, or any collateral or security, or other rights or remedies whatsoever, prior to enforcing this Guaranty. 6. Agrees that this Guaranty shall be construed as a continuing, absolute, and unconditional guaranty without regard to (i) the validity, regularity or enforceability of the Obligations, or the disaffirmance thereof in any insolvency or bankruptcy proceeding relating to the Borrower, or (ii) any event or any conduct or action of the Borrower, the Lender, or any other party which might otherwise constitute a legal or equitable discharge of a surety or guarantor but for this provision. 3 7. Agrees that this Guaranty shall remain in full force and effect and be binding upon the Guarantor until the Obligations are paid in full. 8. Agrees that no act, omission or thing, except full payment and discharge of the Obligations, which but for this provision could act as a release or impairment of the liability of the Guarantor, or any of them, and the Guarantor waive any and all defenses of the Borrower pertaining to the Obligations, any evidence thereof, and any collateral or security therefore, except the defense of discharge by payment in full. 9. Agrees that the Lender is expressly authorized to forward or deliver any or all collateral or security which may at any time be placed with it by the Borrower, the Guarantor, or any other person, directly to the Borrower for collection and remittance or for credit, or to collect the same in any other manner and to renew, extend, compromise, exchange, release, surrender or modify the installments of, any or all of such collateral or security with or without consideration and without notice to the Guarantor, and without in any manner affecting the absolute liability of the Guarantor hereunder. Further that the liability of the Guarantor hereunder shall not be affected or impaired by the failure, neglect or omission on the part of the Lender to realize upon the Obligations, or upon any collateral or security therefore, nor by the taking by the Lender of any other guaranty or guaranties to secure the Obligations or any other indebtedness of the Borrower to the Lender, nor by the taking by the Lender of collateral or security of any kind, nor by any act or failure to act whatsoever which, but for this provision, might or could in law or in equity act to release or reduce the Guarantor's liability hereunder. 10. Guarantor's obligations hereunder, and the rights of Lender in the collateral or security, shall not be released, discharged or in any way affected, nor shall the Guarantor have any rights or recourse against Lender, by reason of the fact that (i) any of such collateral or security may be in default at the time of acceptance thereof by Lender or later, (ii) a valid lien in any of such collateral or security may not be conveyed to, or created in favor of, Lender, (iii) any of such collateral or security may be subject to equities or defenses or claims in favor of others, or may be invalid or defective in any way, (iv) any of the Obligations may be invalid for any reason whatsoever, (v) the value of any of such collateral or security, or the financial condition of the Debtor or of any obligor under or guarantor of any of such collateral or security, may not have been correctly estimated or may have changed or hereafter change, (vi) there may have been any deterioration, waste, or loss by fire, theft, otherwise of any of such collateral or security, unless such deterioration, waste, or loss be caused by the willful act or willful failure to act of the Lender. 11. Agrees that so long as any portion of the Obligations are due and owing, or to become due and owing, by the Borrower to the Lender, the Guarantor shall not, without the prior written consent of the Lender, collect or seek to collect from the Borrower the claim, if any, by subrogation or otherwise, acquired by the Guarantor through payment of any part or all of the Obligations. 4 12. Agrees that the liability of the Guarantor hereunder shall not be affected or impaired by the existence or creation from time to time, with or without notice to the Guarantor which notice is hereby waived, of indebtedness from the Borrower to the Lender in addition to the indebtedness evidenced by the Note. The Guarantor hereby consents to the creation or existence of such additional indebtedness. 13. Agrees that the possession of this instrument of guaranty by the Lender shall be conclusive evidence of due execution and delivery hereof by the Guarantor. 14. Agrees that this Guaranty shall be binding upon the legal representatives, successors and assigns of the Guarantor, and shall inure to the benefit of the Lender and its successors, assigns and legal representatives. That, notwithstanding the foregoing, the Guarantor shall have no right to assign or otherwise transfer its rights and obligations under this Guaranty to any third party without the prior written consent of the Lender, and that any such assignment or transfer shall not release or affect the liability of the Guarantor hereunder in any manner whatsoever. 15. Agrees that the Guarantor may be joined in any action or proceeding commenced against the Borrower in connection with or based upon the Obligations, and recovery may be had against the Guarantor in any such action or proceeding or in any independent action or proceeding against the Guarantor should the Borrower fail to duly and punctually pay any of the principal of or interest on the Obligations, without any requirement that the Lender first assert, prosecute or exhaust any remedy or claim against the Borrower or against any collateral or security. 16. Agrees that upon the occurrence at any time of an event of default under either the Note, the Mortgage or the Loan Agreement, and during the continuance thereof, the Lender shall have the right to set off any and all amounts due hereunder by the Guarantor to the Lender against any indebtedness or obligation of the Lender to the Guarantor. 17. Agrees that the Guarantor shall be liable to the Lender for any deficiency remaining after foreclosure of any mortgage or any security interest granted by the Borrower, the Guarantor or any third party to the Lender to secure repayment of the Obligations and the subsequent sale by the Lender of the property subject thereto to a third party (whether at a foreclosure sale or at a sale thereafter by the Lender in the event the Lender purchases said property at the foreclosure sale), notwithstanding any provision of applicable law which may prevent the Lender from obtaining a deficiency judgment against, or otherwise collecting a deficiency judgment from, the Borrower, including, without limitation, Minn. Stat. § 582.30. 18. Notwithstanding any payment or payments made by the Guarantor hereunder or any setoff or application of funds of the Guarantor by the Lender, the Guarantor shall not be entitled to be subrogated to any of the rights of the Lender against the Borrower or any other guarantor or any collateral, security or guarantee or right of offset held by the Lender for the payment of the Obligations, nor shall the Guarantor seek or be entitled to seek any contribution or reimbursement from the Borrower or any other guarantor in respect of payments made by the Guarantor hereunder, until all amounts owing to the Lender by the Borrower on account of the 5 Obligations are irrevocably paid in full. If any amount shall be paid to the Guarantor on account of such subrogation rights at any time when all of the Obligations shall not have been irrevocably paid in full, such amount shall be held by the Guarantor in trust for the Lender, segregated from other funds of the Guarantor, and shall forthwith upon receipt by the Guarantor be turned over to the Lender in the exact form received by the Guarantor (duly endorsed by the Guarantor to the Lender if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Lender may determine. Notwithstanding any of the foregoing, to the extent any right of subrogation which the Guarantor may have pursuant to this Guaranty or otherwise, or any right of reimbursement or contribution or similar right against the Borrower, any property of the Borrower or any other guarantor of any of the Obligations would result in the Guarantor being a "creditor" of the Borrower within the meaning of Section 547 of Title 11 of the United States Bankruptcy Code as now in effect or hereafter amended, or any comparable provision of any successor statute, the Guarantor hereby irrevocably waives such right of subrogation, reimbursement or contribution . 19. Agrees that this Guaranty shall be deemed a contract made under and pursuant to the laws of the State of Minnesota, and shall be governed by and construed under the laws of such state. That, wherever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Guaranty, and to such extent the provisions of this Guaranty shall be severable. 20. Agrees that no failure on the part of the Lender to exercise, and no delay in exercising, any right or remedy hereunder shall operate as or constitute a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof, or the exercise of any other right or remedy granted hereby or by any related document or by law. 21. Waives any and all claims against the Lender and defenses to performance and payment hereunder relating in any way, directly or indirectly, to the performance of the Lender's obligations or exercise of any of its rights under the Note and the documents related thereto. 22. Warrants and represents to the Lender as follows: (a) This Guaranty constitutes the legal, valid and binding obligation of the Guarantor enforceable in accordance with its terms (subject, as to enforceability, to limitations resulting from bankruptcy, insolvency or other similar laws affecting creditors' rights generally). (b) There is no action, suit or proceeding pending or, to the knowledge of the Guarantor, threatened against or affecting the Guarantor which, if adversely determined, would have a material adverse effect on the condition (financial or otherwise), properties 6 or assets of the Guarantor, or which would question the validity of this Guaranty or any instrument, document or other agreement related hereto or required hereby, or impair the ability of the Guarantor to perform its obligations hereunder or thereunder. (c) Guarantor are not in default of any material provision under any material agreement, instrument, decree or order to which it is a party, or by which it or its property is bound or affected. (d) No consent, approval, order or authorization of, or registration, declaration or filing with, or notice to, any governmental authority or any third party is required in connection with the execution and delivery of this Guaranty or any of the agreements or instruments herein mentioned to which the Guarantor is a party, or the carrying out or performance of any of the transactions required or contemplated hereby or thereby, or, if required, such consent, approval, order or authorization has been obtained or such registration, declaration or filing has been accomplished, or such notice has been given prior to the date hereof. (e) Guarantor have filed all tax returns required to be filed, and have paid all taxes shown thereon to be due, including interest and penalties, which are not being contested in good faith and by appropriate proceedings, and it has no information or knowledge of any objections to or claims for additional taxes in respect of federal income or excess profits tax returns for prior years. 23. Agrees that the liability of the Guarantor and any other guarantor of the Obligations shall be joint and several. 24. Acknowledge, understand, and agree that if Lender enters into, has entered into, or will enter into, any form of guaranty with any other lending institution under which it guaranties a portion of the Obligations, then the Guarantor will not be a coguarantor with the Lender, shall have no right of contribution with the Lender, shall have no right of contribution against the Lender, and all liability hereunder shall continue notwithstanding payment by the Lender under any guaranty to such other lending institution. 25. Agrees that the Guarantor will directly or indirectly benefit by the making of the Loan, and that the Lender has agreed to make the Loan in reliance upon this Guaranty. 26. Agrees that if, at any time, all or any part of any payment previously applied by the Lender to any of the Obligations must be returned by the Lender for any reason, whether by court order, administrative order or settlement, the Guarantor shall remain liable for the full amount returned as if said amount had never been received by the Lender, notwithstanding any term of this Guaranty or the cancellation or return of any note or other agreement evidencing the Obligations. 7 27. Agrees that all liability hereunder shall continue notwithstanding the incapacity, lack of authority, death, or disability of any one or more of the Guarantor, and that any failure by the Lender or its assigns to file or enforce a claim against the estate of any of the Guarantor shall not operate to release any other of the Guarantor from liability hereunder. The failure of any other person to sign this Guaranty shall not release or affect the liability of any of the Guarantor. 28. Consents to the personal jurisdiction of the state and federal courts located in the State of Minnesota in connection with any controversy related to this Guaranty, waives any argument that venue in such forums is not convenient, and agrees and consents that any litigation initiated by either the Borrower, the Guarantor or the Lender relating to and in connection with this Guaranty shall venue in either the District Court for the County of Dakota, State of Minnesota. 29. Agrees to furnish Lender or the holder of the Note, so long as any part of the Obligations remain unpaid; (i) federal and state tax returns within 30 days after they have been filed, and (ii) upon demand, but not more often than semiannually, a financial statement setting forth, in reasonable detail, the assets, liabilities, and net worth of the Guarantor. THE UNDERSIGNED entered into and executed this City of Eagan Guaranty on the day and date indicated immediately below its signature. GUARANTOR: Heartland Professional Oxygen, LLC By: ______________________________________ Its: __________________. Executed on _____________, 2018. STATE OF _________________ COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 2018 by __________________________________, the _______________ of Heartland Professional Oxygen, LLC, a Missouri limited liability company, on behalf of the limited liability company. Notary Public Agenda Information Memo February 5, 2018, Eagan City Council Meeting CONSENT AGENDA Q. Schedule public hearing date for March 6, 2018 to certify delinquent nuisance abatement bills Action To Be Considered: To schedule a public hearing for March 6, 2018 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. Facts:  On a semi-annual basis, the City reviews and considers delinquent nuisance abatement bills for certification to property tax statements for collection. Nuisance abatement bills include fees for false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal.  Additional information will be provided at the time of the public hearing. Attachments: (0) Agenda Information Memo February 5, 2018, Eagan City Council Meeting CONSENT AGENDA R. Schedule public hearing date for March 6, 2018 to certify delinquent utility bills Action To Be Considered: To schedule a public hearing for March 6, 2018 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. Facts:  On a semi-annual basis, the City reviews and considers delinquent utility bills for certification to property tax statements for collection.  Additional information will be provided at the time of the public hearing. Attachments: (0) Agenda Information Memo February 5, 2018, Eagan City Council Meeting CONSENT AGENDA S. Approve On-Sale Wine and Beer License for Cosmos Diner, LLC doing business as Cosmos Diner, 1981 Silver Bell Road Action To Be Considered: To approve an On-Sale Wine and Beer License for Cosmos Diner, LLC doing business as Cosmos Diner, located at 1891 Silver Bell Road. Facts:  Eloy Bravo, owner of Cosmos Diner, LLC, has applied for an On-sale Wine and Beer License for his restaurant located at 1891 Silver Bell Road.  All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo February 5, 2018 Eagan City Council Meeting PUBLIC HEARINGS A. Renewal of Comcast Cable Franchise Ordinance Action to be Considered: To approve an ordinance granting a cable television franchise to Comcast of Minnesota, Inc. and authorizing Mayor to execute said ordinance, and To approve a letter of agreement between the City and Comcast and authorize Mayor and staff to execute the letter of agreement, and To approve a summary of the Ordinance, and authorize staff to publish the ordinance summary. Facts:  The City of Eagan has been in cable franchise renewal negotiations with Comcast for some time now and has reached agreement on terms for a new 10-year franchise.  The existing cable franchise, previously extended several times, expired December 31, 2017.  The City’s cable franchise renewal team of Communications Director Tom Garrison and attorney Brian Grogan, with advice and counsel from City Administrator Dave Osberg and the Finance Committee of the City Council, has come to terms with Comcast on a new and amended franchise ordinance to present for the City Council’s consideration.  The negotiating team believes the new franchise makes improvements in customer service standards, begins to add local HD channels for the first time to Eagan, and keeps local community television on a stable financial footing going forward.  Further, the franchise maintains a level playing field with the franchise recently granted by the Council to CenturyLink.  The Comcast franchise imposes a fee on the company to support local public, governmental and educational (PEG) programming. In the near term that funding will be at a level slightly below the current franchise, but on balance the new funding formula is better for Eagan in the long term. As a result of the change, the City will alert CenturyLink to the new PEG fee to maintain fairness and equity between the competing companies.  Mr. Grogan will present an overview of the key terms, and then, as part of the public hearing, he and Mr. Garrison will be available to answer questions from the City Council or the public. A representative from Comcast will be in attendance as well. Attachments: (2) PHA-1 Proposed Franchise PHA-2 Side Letter PHA-3 Presentation 3639370v7 CITY OF EAGAN, MINNESOTA ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO COMCAST OF MINNESOTA, INC. February 5, 2018 i 3639370v7 TABLE OF CONTENTS SECTION 1. SHORT TITLE AND DEFINITIONS ............................................................ 1 1. Short Title .............................................................................................................. 1 2. Definitions .............................................................................................................. 1 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS...................... 8 1. Grant of Franchise ................................................................................................ 8 2. Grant of Nonexclusive Authority ........................................................................ 8 3. Competitive Equity ............................................................................................... 9 4. Lease or Assignment Prohibited ........................................................................ 10 5. Franchise Term ................................................................................................... 11 6. Franchise Area .................................................................................................... 11 7. Compliance with Applicable Laws, Resolutions and Ordinances .................. 11 8. Rules of Grantee .................................................................................................. 11 9. Written Notice ..................................................................................................... 12 SECTION 3. OPERATION IN STREETS AND RIGHTS-OF-WAY .............................. 12 1. Use of Streets, Permits and Construction Codes.............................................. 12 2. Restoration of Rights-of-Way and Property .................................................... 13 3. Conditions on Right-of-Way Use ....................................................................... 13 4. Use of Existing Poles and Undergrounding of Cable ....................................... 14 5. Installation of Facilities ...................................................................................... 15 6. Safety Requirements ........................................................................................... 15 7. Removal of Facilities at Expiration of Franchise ............................................. 16 8. Right-of-Way Meetings ...................................................................................... 16 9. Joint Trenching ................................................................................................... 16 10. Maps ..................................................................................................................... 16 11. Main Roads and Streets...................................................................................... 17 12. Discontinuing Use/Abandonment of Cable System Facilities ......................... 17 SECTION 4. DESIGN PROVISIONS ................................................................................. 17 1. System Facilities and Equipment ...................................................................... 17 2. Managed Network ............................................................................................... 20 3. Periodic Progress Reporting .............................................................................. 20 ii 3639370v7 4. Line Extension Requirements ............................................................................ 20 5. System Maintenance ........................................................................................... 21 6. System Tests and Inspections; Special Testing ................................................ 21 7. FCC Reports ........................................................................................................ 22 8. Nonvoice Return Capability............................................................................... 22 9. Parental Control.................................................................................................. 22 10. Types of Service................................................................................................... 22 11. Home Wiring ....................................................................................................... 23 SECTION 5. SERVICE PROVISIONS ............................................................................... 23 1. Customer Service Standards .............................................................................. 23 2. Video Programming............................................................................................ 23 3. Sales Procedures.................................................................................................. 23 4. Subscriber Inquiry and Complaint Procedures ............................................... 24 5. Installations, Outages and Service Calls ........................................................... 25 6. Customer Service Monitoring ............................................................................ 25 7. Subscriber Contracts .......................................................................................... 26 8. Service Credit ...................................................................................................... 26 9. Refunds or Credits .............................................................................................. 26 10. Late Fees .............................................................................................................. 27 11. Communications between Grantee and Subscribers ....................................... 27 12. Billing ................................................................................................................... 28 13. Subscriber Rights ................................................................................................ 28 14. Subscriber Privacy .............................................................................................. 29 15. Exclusive Contracts and Anticompetitive Acts Prohibited ............................. 29 16. Local Office.......................................................................................................... 30 SECTION 6. ACCESS CHANNEL(S) PROVISIONS ....................................................... 30 1. Public, Educational and Governmental Access................................................ 30 2. PEG Channel Locations ..................................................................................... 31 3. Navigation to Access Channels/Electronic Programming Guide ................... 31 4. PEG Access Channel Quality ............................................................................. 32 5. PEG Technical Support ...................................................................................... 32 6. Interconnection ................................................................................................... 33 iii 3639370v7 7. PEG Support Obligations .................................................................................. 33 8. Metro Cable Network Channel 6....................................................................... 34 9. Leased Access Channels ..................................................................................... 34 10. Free Cable Service to Public Buildings ............................................................. 34 11. Limitation on Free Service ................................................................................. 35 SECTION 7. OPERATION AND ADMINISTRATION PROVISIONS ......................... 35 1. Administration of Franchise .............................................................................. 35 2. Delegated Authority ............................................................................................ 35 3. Franchise Fee ....................................................................................................... 35 4. Access to Records ................................................................................................ 36 5. Records Required................................................................................................ 36 6. Reports and Maps to be Filed with City ........................................................... 37 7. Periodic Evaluation ............................................................................................. 38 SECTION 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS ................... 38 1. Performance Bond .............................................................................................. 38 2. Security Fund ...................................................................................................... 39 3. Indemnification of City....................................................................................... 42 4. Insurance ............................................................................................................. 43 SECTION 9. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE ........................................................................................................................... 44 1. City’s Right to Revoke ........................................................................................ 44 2. Procedures for Revocation ................................................................................. 44 3. Abandonment of Service .................................................................................... 44 4. Removal After Abandonment, Termination or Forfeiture ............................. 45 5. Sale or Transfer of Franchise ............................................................................ 45 SECTION 10. PROTECTION OF INDIVIDUAL RIGHTS ............................................... 47 1. Discriminatory Practices Prohibited ................................................................. 47 SECTION 11. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS .............. 47 1. Unauthorized Connections or Modifications Prohibited ................................ 47 2. Removal or Destruction Prohibited .................................................................. 47 3. Penalty .................................................................................................................. 47 iv 3639370v7 SECTION 12. MISCELLANEOUS PROVISIONS.............................................................. 47 1. Franchise Renewal .............................................................................................. 47 2. Work Performed by Others ............................................................................... 47 3. Amendment of Franchise Ordinance ................................................................ 47 4. Compliance with Federal, State and Local Laws ............................................. 48 5. Nonenforcement by City..................................................................................... 48 6. Rights Cumulative .............................................................................................. 49 7. Grantee Acknowledgment of Validity of Franchise ........................................ 49 8. Force Majeure ..................................................................................................... 49 9. Governing Law .................................................................................................... 49 10. Captions and References .................................................................................... 50 11. Rights of Third Parties ....................................................................................... 50 12. Merger of Documents ......................................................................................... 50 SECTION 13. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS .. ........................................................................................................................... 50 1. Publication ........................................................................................................... 50 2. Acceptance ........................................................................................................... 50 3. Binding Acceptance ............................................................................................ 51 EXHIBIT A SERVICE TO DESIGNATED PUBLIC BUILDINGS EXHIBIT B FRANCHISE FEE PAYMENT WORKSHEET EXHIBIT C ENTERPRISE SERVICES AGREEMENT 1 3639370v7 ORDINANCE NO. AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF MINNESOTA, INC. TO OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EAGAN, MINNESOTA FOR THE PURPOSE OF PROVIDING CABLE SERVICE; PROVIDING FOR REGULATION AND USE OF THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY CODE, PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN AND TERMINATING ORDINANCE NO. 287 The City Council of the City of Eagan, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE The City of Eagan, Minnesota (defined herein as “City”) pursuant to applicable federal and state law is authorized to grant one (1) or more nonexclusive cable television franchises to construct, operate, maintain and reconstruct cable television systems within the City limits. Comcast of Minnesota, Inc., a Delaware corporation (defined herein as “Grantee”) has operated a Cable System in the City, under a cable television franchise granted pursuant to a Cable Television Franchise Ordinance 287. Negotiations between Grantee and the City have been completed and the franchise renewal process followed in accordance with the guidelines established by the City Code, Minnesota Statutes Chapter 238 and the Cable Act (47 U.S.C. §546). The City reviewed the legal, technical and financial qualifications of Grantee and after a properl y noticed public hearing, has determined that it is in the best interest of the City and its residents to renew the cable television franchise with Grantee. NOW, THEREFORE, THE CITY OF EAGAN DOES ORDAIN that a franchise is hereby granted to Comcast of Minnesota, Inc., to operate and maintain a Cable System in the City upon the following terms and conditions: SECTION 1. SHORT TITLE AND DEFINITIONS 1. Short Title. This Franchise Ordinance shall be known and cited as the Cable Franchise Ordinance. 2. Definitions. For the purposes of this Franchise, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural; and the masculine gender includes the feminine gender. Unless otherwise expressly stated, words not defined herein or in the City Code shall be given the meaning set forth in Applicable Law and, if not defined therein, the words shall be given their common and ordinary meaning. The word “shall” is always mandatory and not merely directory. The word “may” is directory and discretionary and not mandatory. 2 3639370v7 a. “Actual Cost” means the incremental cost to the Grantee of materials and labor necessary to install and construct facilities, fiber or equipment with no mark-up, to the extent permitted by Applicable Law. b. “Access Channels” means any channel or portion of a channel utilized for public, educational or governmental programming. c. “Affiliate” means any Person who owns or controls, is owned or controlled by or is under common ownership or control with the Grantee. d. “Applicable Laws” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise permit, writ ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority of competent jurisdiction. e. “Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b) (7). f. “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time. g. “Cable Service” or “Service” means (1) the one-way transmission to Subscribers of video programming or other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. h. “Cable System” or “System” means a system that (1) provides the service of receiving and amplifying (i) programs broadcast by one or more television or radio stations and (ii) other programs originated by a Person operating a Cable System or by another Person, and (2) distributes those programs by wire, cable, microwave, or other means, regardless of whether the means are owned or leased, to Persons who subscribe to the service. Unless otherwise specified, it shall in this document refer to the Cable System used by the Grantee in the City under this Franchise. This definition does not include: i. a System that serves fewer than fifty (50) Subscribers or a System that serves more than one thousand (1,000) Subscribers if the governing bodies of all political subdivisions served by the System, vote by resolution, to remove the System from the provisions of this chapter; provided that: 3 3639370v7 (A) no part of a System, nor any area within the City served by the System, may be removed from the provisions of this section if more than one thousand (1,000) Subscribers are served by the System; and (B) any System serving more than fifty (50) but fewer than one thousand (1,000) Subscribers that has been removed from the provisions of this section becomes subject to the provisions of this section if the governing bodies of fifty percent (50%) or more of the political subdivisions served by the System vote, by resolution, in favor of the return; ii. a master antenna television system; iii. a specialized closed-circuit system that does not use the public Rights-of- Way for the construction of its physical plant; and iv. a translator system that receives and rebroadcasts over-the-air signals. i. “Channel” or “Cable Channel” means a portion of the electromagnetic frequency spectrum available on the System, or such smaller frequency spectrum as may be specified herein, that is capable of delivering a cable television channel as defined in 47 CFR 76.5(r), (s), and (t) or other applicable FCC regulation. j. “City” means the City of Eagan, Minnesota, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. k. “City Code” means the Eagan City Code, as amended from time to time. l. “City Council” means the governing body of the City. m. “Class IV Cable Channel” means a signaling path provided by a Cable System to transmit signals of any type from a Subscriber terminal to another point in the System. n. “Converter” means an electronic device, including Digital Transport Adapters, which convert signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate Channel selector also permits a Subscriber to view all signals included in the Basic Cable Service tier delivered at designated Converter dial locations. o. “Demarcation Point” For purposes of free Cable Service Drops to public buildings, a Demarcation Point for Drops shall be a point agreed upon by Grantee and the City. p. “Drop” means the cable that connects the ground block on the Subscriber’s residence or institution to the nearest feeder cable of the System. 4 3639370v7 q. “Effective Date” shall mean date this Ordinance is published. The date of publication shall be preceded by execution by the Grantee and approval and execution by the City. r. “FCC” means the Federal Communications Commission, its designee, and any legally appointed designated or elected agent or successor. s. “Franchise” or “Cable Franchise” means this ordinance, as may be amended from time to time, any exhibits attached hereto and made a part hereof, and the regulatory and contractual relationship established hereby. t. “Franchise Area” means the entire geographic area within the City as it is now constituted or may in the future be constituted. u. “Franchise Fee” shall mean the fee assessed by the City to Grantee, in consideration of Grantee’s right to operate the Cable System within the City’s Rights-of- Way, determined in amount as a percentage of Grantee’s Gross Revenues and limited only by the maximum percentage allowed for such assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g) (2)(A-E) or any other Applicable Law. v. “GAAP” means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). w. “Grantee” is Comcast of Minnesota, Inc. and its lawful successors, transferees or assignees. x. “Gross Revenues” means, and shall be construed broadly to include, all amounts in whatever form and from all sources derived directly or indirectly by Grantee and/or an Affiliate from the operation of Grantee’s Cable System to provide Cable Services within the Franchise Area. Gross Revenues include, by way of illustration and not limitation: i. Fees for Cable Services, regardless of whether such Cable Services are provided to residential or commercial Subscribers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, digital Cable Services, pay-per-view, pay-per-event, audio channels and video-on-demand Cable Services); ii. Installation, disconnection, reconnection, downgrade, upgrade, maintenance, repair, or similar charges associated with Subscriber Cable Service; iii. Fees paid to Grantee for Channels designated for commercial/leased access use; which shall be allocated on a proportionate basis using total Cable Service Subscribers within the Franchise Area; iv. Converter, remote control, and other Cable Service equipment rentals, leases, or sales; 5 3639370v7 v. Payments for pre-paid Cable Services and/or equipment; vi. Advertising Revenues as defined herein; vii. Fees including, but not limited to: (1) late fees, convenience fees and administrative fees; and (2) Franchise Fees; viii. Revenues from program guides; and ix. Commissions from home shopping channels and other Cable Service revenue sharing arrangements which shall be allocated on a proportionate basis using total Cable Service Subscribers within the Franchise Area. x. Gross Revenues” shall not be net of: (1) any operating expense; (2) any accrual, including without limitation, any accrual for commissions to Affiliates; or (3) any other expenditure, regardless of whether such expense, accrual, or expenditure reflects a cash payment. “Gross Revenues”, however, shall not be double counted. Revenues of both Grantee and an Affiliate that represent a transfer of funds between the Grantee and the Affiliate, and that would otherwise constitute Gross Revenues of both the Grantee and the Affiliate, shall be counted only once for purposes of determining Gross Revenues. Similarly, operating expenses of the Grantee which are payable from Grantee’s revenue to an Affiliate and which may otherwise constitute revenue of the Affiliate, shall not constitute additional Gross Revenues for the purpose of this Franchise. “Gross Revenues” shall include amounts earned by Affiliates only to the extent that Grantee could, in concept, have earned such types of revenue in connection with the operation of Grantee’s Cable System to provide Cable Services and recorded such types of revenue in its books and Records directly, but for the existence of Affiliates. “Gross Revenues” shall not include sales taxes imposed by law on Subscribers that the Grantee is obligated to collect. With the exception of recovered bad debt, “Gross Revenues” shall not include bad debt. (A) “Advertising Revenues” shall mean amounts derived from sales of advertising that are made available to Grantee’s Cable System Subscribers within the Franchise Area and shall be allocated on a pro rata basis using total Cable Service Subscribers reached by the advertising. Whenever Grantee acts as the principal in advertising arrangements involving representation firms and/or advertising interconnects and/or other multichannel video providers, Advertising Revenues subject to Franchise Fees shall include the total amount from advertising that is sold, and not be reduced by any operating expenses (e.g., “revenue offsets” and “contra expenses” and “administrative expenses” or similar expenses), or by fees, commissions, or other amounts paid to or retained by affiliated advertising representation firms to Grantee or their successors involved with sales of advertising on the Cable System within the Franchise Area. (B) “Gross Revenues” shall not include: 6 3639370v7 i. Actual Cable Services bad debt write-offs, except any portion which is subsequently collected which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Grantee revenues within the Franchise Area; ii. Any taxes and/or fees on services furnished by Grantee imposed on Subscribers by any municipality, State or other governmental unit, provided that the Franchise Fee shall not be regarded as such a tax or fee; iii. Launch fees and marketing co-op fees; iv. Revenues associated with the provision of managed network services provided under separate business contract; and, v. Unaffiliated third party advertising sales agency fees or commissions which are reflected as a deduction from revenues, except when Grantee acts as a principal as specified in paragraph (A) immediately above. (C) To the extent revenues are derived by Grantee for the provision of a discounted bundle of services which includes Cable Services and non- Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a methodology that allocates revenue on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card prices for such components. In the alternative, Grantee may calculate revenues to be included in Gross Revenues by applying a uniform price discount equally to each Cable Service and non- Cable Service component of a discounted bundle of services. Except as required by specific federal, State or local law, it is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value. The calculation shall be applied to every bundled service package containing Cable Service from which Grantee derives revenues in the Franchise Area. The City reserves its right to review and to challenge Grantee’s calculations. Example: Prior to any bundle-related price reduction, if Cable Service is valued at fifty percent (50%) of the total of the services to be offered in a bundle, then Cable Service is to be valued and reported as being no less than fifty percent (50%) of the price of the bundled service total. (D) Grantee reserves the right to change the allocation methodologies set forth in paragraph (C) above to meet standards mandated by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). City acknowledges and agrees that Grantee shall calculate Gross Revenues in a manner consistent with GAAP where applicable; however, 7 3639370v7 the City reserves its right to challenge Grantee’s calculation of Gross Revenues, including Grantee’s interpretation of GAAP and Grantee’s interpretation of FASB, EITF and SEC directives. Grantee agrees to explain and document the source of any change it deems required by FASB, EITF and SEC concurrently with any Franchise-required document at the time of submittal, identifying each revised section or line item. (E) City agrees and acknowledges that Grantee shall maintain its books and Records in accordance with GAAP. y. “Installation” means the connection of the System from feeder cable to the point of connection with the Subscriber Converter or other terminal equipment. z. “Leased Access Channel” means Channels on the System which are designated or dedicated for use by a Person unaffiliated with the Grantee pursuant to 47 U.S.C. § 532. aa. “Major Construction” means any work performed by Grantee that both requires the issuance of a permit under the City Code and impacts more than twenty-five (25) households in the City. bb. “Normal Business Hours” means those hours during which most similar businesses in City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours, at least one (1) night per week and/or some weekend hours. cc. “Normal Operating Conditions” means those service conditions that are within the control of the Grantee. Conditions that are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, maintenance or upgrade of the System, and the development, operation or maintenance of the Grantee’s telephone system. Conditions that are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages that extend beyond typical duration, telephone network outages, and severe or unusual weather conditions. dd. “Pay Service” means programming (such as certain on-demand movie Channels or pay-per-view programs) offered individually to Subscribers on a per-Channel, per- program event basis. ee. “PEG” means public, educational, and governmental. ff. “Person” means any individual, partnership, association, joint stock company, joint venture, domestic or foreign corporation, stock or non-stock corporation, limited liability company, professional limited liability corporation, or other organization of any kind, or any lawful successor or transferee thereof, but such term does not include the City. 8 3639370v7 gg. “Right-of-Way” or “Rights-of-Way” means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to the City for general public use, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining a System. No reference herein to a “Right-of-Way” shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining the System. hh. “Service Interruptions” means the loss of picture or sound on one (1) or more Cable Channels. ii. “Standard Installation” means any residential Installation which can be completed using a Drop of one hundred twenty-five (125) feet or less. jj. “State” means the State of Minnesota, its agencies and departments. kk. “Subscriber” means any Person who lawfully receives service via the System. In the case of multiple office buildings or multiple dwelling units, the term “Subscriber” means the lessee, tenant or occupant. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Grant of Franchise. The City hereby authorizes Grantee to occupy or use the City’s Rights-of-Way subject to: 1) the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all applicable provisions of the City Code. Said Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent not prohibited by Applicable Law; or (2) challenging any exercise of the City’s legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. 2. Grant of Nonexclusive Authority. a. This Franchise does not confer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowed by this Franchise or grant. The System constructed and maintained by Grantee or its agents pursuant to this Franchise shall not interfere with other uses of the Rights-of- Way. The Grantee shall make use of existing poles and other aerial and underground facilities available to the Grantee to the extent it is technically and economically feasible to do so. Nothing in this section authorizes the Grantee to construct poles in the City without prior City consent consistent with the City Code. 9 3639370v7 b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be used by the Grantee if the City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right-of-Way was created or dedicated, or with the present use of the Right-of-Way. c. This Franchise authorizes only the use of Rights-of-Way for the operation of a System. Therefore, the grant of this Franchise and the payment of Franchise Fees hereunder shall not exempt the Grantee from the obligation to pay compensation or fees for the use of City property, both real and personal, other than the Rights-of-Way, provided, however, that such compensation or fees are required by City Code, City ordinance, regulation or policy and are non-discriminatory. 3. Competitive Equity. a. This Franchise and the right it grants to use and occupy the Rights-of-Way shall not be exclusive and this Franchise does not explicitly or implicitly preclude the issuance of other franchises or similar authorizations to operate Cable Systems within the City. b. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System, as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described herein. At a minimum, the City shall comply with Minnesota Statutes Section 238.08, subd. 1(b) and subd. 1(c) when granting such additional franchise. c. The City reserves the right to grant franchises, as “franchise” is defined in the Cable Act (which definition shall apply throughout this Section 2.3), or similar authorizations to competitors of Grantee to provide Cable Service or similar video programming services via Cable Systems or similar wireline systems located in the Right-of-Way. If, following the Effective Date of this Franchise, the City grants such an additional franchise or similar authorization to use the Right-of-Way to provide such services on terms materially more favorable with respect to the Material Obligations (as defined in Section 2.3(d) below) of Grantee under this Franchise, then the provisions of this Section 2.3(c) will apply. Similarly, if the City has the legal authority under Applicable Law and elects not to require a franchise or similar authorization from a competitor providing Cable Service or similar video services via a Cable System or similar wireline system, the provisions of this Section 2.3 shall apply. d. As part of this Franchise, the City and Grantee have mutually agreed upon the following terms as a condition of granting the Franchise: the Franchise Fee and the definition of Gross Revenue, PEG funding, PEG Access Channels, remedies, letter of credit, and notice and opportunity to cure breaches, and customer service obligations (hereinafter “Material Obligations”). The City and Grantee further agree that this provision shall not require that a competitor be granted identical franchise terms so long as the terms are reasonably comparable. 10 3639370v7 e. Within one (1) year of the adoption of a competitor’s franchise or similar authorization, renewal, or extension or amendment of such, Grantee must notify the City in writing of the Material Obligations in this Franchise that it contends exceed the Material Obligations of the competitor’s franchise or similar authorization, extension or amendment, or Grantee’s rights and the City’s obligations provided in this Section 2.3 shall be waived. The City shall have one hundred twenty (120) days to either agree to allow Grantee to adopt the same Material Obligations provided to the competitor, or reject the Grantee’s position that the Material Obligations are different. In the event the City rejects the Grantee’s position that the Material Obligations are different, Grantee may bring an action in a court of competent jurisdiction for a determination as to whether the Material Obligations are different and as to what franchise amendments would be necessary to remedy the disparity. The standard of review in such a court action shall be determined by the court in accordance with Applicable Laws. The City and Grantee may mutually agree to submit the matter to a third party for mediation. The cost of the mediation shall be shared equally between the City and the Grantee. Participation in mediation shall not prejudice the right of either party to bring the matter to a court of competent jurisdiction or pursue any other remedies available to them in this Franchise or by law. f. Nothing in this Section 2.3 is intended to alter the rights or obligations of either party under Applicable Law, and it shall only apply to the extent permitted under such Applicable Law and FCC orders. In no event will the City be required to refund or to offset against future amounts due the value of benefits already received. g. This Section 2.3 does not apply if the City cannot comply without violating Applicable Laws or regulations, or is required by specific court order or state or federal agency to issue a franchise on different terms and conditions (the FCC’s 2006 and 2007 Section 621 Orders are not such an order). In the event a competitor does not actually make available Cable Service in the Franchise Area to its first customer, any modification of the Grantee’s Material Obligations under the procedure set forth in Section 2.3(e) of this Franchise shall be rendered moot and the Grantee shall revert to the prior Material Obligations set forth in this Franchise. h. This section does not apply to common carrier systems exempted from franchise requirements pursuant to 47 U.S.C. § 571 or to systems that only provide video services via the public Internet. 4. Lease or Assignment Prohibited. No Person may lease Grantee’s System for the purpose of providing Cable Service until and unless such Person shall have first obtained and shall currently hold a valid franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise, including, without limitation, a requirement on such Person to pay Franchise Fees on such Person’s use of the System to provide Cable Services, to the extent there would be such a requirement under this Franchise if the Grantee itself were to use the System to provide such Cable Service. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of Section 9.5. 11 3639370v7 5. Franchise Term. The term of this Franchise shall be ten (10) years from the Effective Date, unless extended by mutual written consent in accordance with Section 13 or terminated sooner in accordance with this Franchise. 6. Franchise Area. This Franchise is granted for the Franchise Area defined herein. Grantee shall extend its Cable System to provide Service to any residential unit in the City in accordance with Section 4.4, herein. 7. Compliance with Applicable Laws, Resolutions and Ordinances. a. The terms of this Franchise shall define the contractual rights and obligations of the Grantee with respect to the provision of Cable Service and operation of the System in the City. However, the Grantee shall at all times during the term of this Franchise be subject to the lawful exercise of the police powers of the City, the City’s the right to adopt and enforce additional generally applicable ordinances and regulations, and lawful and applicable zoning, building, permitting and safety ordinances and regulations. Nothing in this Franchise shall deprive the City of any rights or privileges which it now has, or which may hereafter be conferred upon it, including any rights to exercise its police powers in the regulation and management of the Rights-of-Way. b. Grantee agrees to comply with all lawful modifications to the City Code; except that Grantee shall not be subject to additional burdens with respect to usage of Rights-of- Way which exceed burdens on similarly situated Rights-of-Way users. Grantee reserves all rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. The grant of this Franchise does not relieve the Grantee of its obligations to obtain any generally applicable licenses, permits or other authority as may be required by the City Code, as it may be amended, for the privilege of operating a business within the City or for performing work on City property or within the Rights-of-Way. c. Subject to the police powers exception above, in the event of a conflict between A) the lawful provisions of the City Code or applicable regulations of the City and B) this Franchise, the express provisions of the Franchise shall govern. d. In the event the Grantee cannot determine how to comply with any Right-of-Way requirement of the City, whether pursuant to this Franchise or other requirement, the Grantee shall immediately provide written notice of such question, including the Grantee’s proposed interpretation, to the City, in accordance with Section 2.8. The City shall provide a written response within fourteen (14) days of receipt indicating how the requirements cited by the Grantee apply. The Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within seventeen (17) days of mailing or delivering such written question. 8. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its 12 3639370v7 obligations under this Franchise and Applicable Law, and to assure uninterrupted Service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules of the FCC, the laws of the State of Minnesota, the City, or any other body having lawful jurisdiction. 9. Written Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City’s designated Franchise administrator, or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Eagan, Minnesota City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 Attention: City Administrator With copy to: Director of Communications 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 If to Grantee: Comcast Twin Cities Regional Vice President 10 River Park Plaza St. Paul, Minnesota 55107 Such addresses may be changed by either party upon notice to the other party given as provided in this section. SECTION 3. OPERATION IN STREETS AND RIGHTS-OF-WAY 1. Use of Streets, Permits and Construction Codes. a. Grantee may, subject to Applicable Law, the terms of this Franchise and the City Code, erect, install, construct, repair, replace, reconstruct and maintain in, on, over, under, across and along the Right-of-Way within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the City. Without limiting the foregoing, Grantee expressly agrees that it will construct, operate and maintain its Cable System in compliance with, and subject to, the requirements of the City Code, including by way of example and not limitation, Chapter 7, Section 7.06 of the City Code, as may be amended or re-codified; and with other applicable provisions for the City Code and Applicable Law. The City has the right to supervise all construction or installation work performed in the Rights-of-Way as it shall find necessary to ensure compliance with the terms of this Franchise, the City Code and Applicable Law. 13 3639370v7 b. Failure to obtain permits required by the City Code or to comply with permit requirements shall subject Grantee to enforcement remedies under this Franchise or any other remedies available under the City Code or Applicable Laws. 2. Restoration of Rights-of-Way and Property. In case of disturbance of any Right-of- Way, Grantee shall at its expense, in accordance with Chapter 7, Section 7.06 of the City Code, as may be amended or re-codified, and any other applicable provisions of the City Code, restore such Right-of-Way, to substantially the same condition as existed before the work involving such disturbance took place. 3. Conditions on Right-of-Way Use. a. Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. b. All System transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be located so as not to obstruct or interfere with the use of Rights-of-Way except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights-of-Way and not to interfere with existing public utility installations. c. Grantee shall relocate its System and facilities in accordance with the City Code. The Grantee shall, at its sole expense, with no less than forty-five (45) day’s advance written notice from City, protect, support, temporarily disconnect, relocate or remove any of its property when required by the City by reason of traffic conditions; public safety; Rights-of-Way construction; street maintenance or repair (including resurfacing or widening); change in Right-of-Way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of government- owned communications or traffic control system, public work or improvement of government-owned utility; Right-of-Way vacation; or for any other purpose as determined by the City consistent with the requirements of the City Code. If the Grantee fails, neglects, or refuses to comply with the City’s request, the City may protect, support, temporarily disconnect relocate or remove the appropriate portions of the System at the Grantee’s expense for any of the City’s incremental costs incurred as a result of the Grantee’s failure to comply. Except in the case of the City’s gross negligence, the City shall not be liable to the Grantee for damages resulting from the City’s protection, support, disconnection, relocation or removal, as contemplated in the preceding sentence. d. The Grantee shall not place poles, conduits, or other fixtures of the System above or below ground where the same will interfere with any gas, electric, telephone, governmental fiber, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Right-of-Way shall be so placed as to comply with all lawful requirements of the City. 14 3639370v7 e. The Grantee shall, upon request of any Person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and Grantee shall be authorized to require such payment in advance (except in the case where the requesting Person is the City for the purpose of moving a City-owned building, in which case no payment shall be required). The Grantee shall be given not less than ten (10) days’ advance written notice to arrange for such temporary wire changes. f. To the extent consistent with generally applicable City Code provisions, rules and regulations, the Grantee shall have the right to remove, cut, trim and keep clear of its System trees or other vegetation in and along or overhanging the Rights-of-Way. However, in the exercise of this right, the Grantee agrees not to cut or otherwise injure said trees to any greater extent than is reasonably necessary. This Franchise does not give the Grantee any authority to remove trees on private property in the City. All trimming shall be performed at the sole cost of the Grantee. g. The Grantee shall use its best efforts to give reasonable prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee’s work in the Rights-of-Way. Grantee shall at all times comply with the requirements of Section 400.2 of the City’s Right-of-Way Permit Specifications for Construction and Chapter 7, Section 7.06 of the City Code, as may be amended or re- codified. h. If any removal, relaying or relocation is required to accommodate the construction, operation or repair of the facilities of a Person that is authorized to use the Rights-of-Way, the Grantee shall, after thirty (30) days’ advance written notice, and payment of all costs by such Person, commence action to effect the necessary changes requested by the responsible entity. If multiple responsible parties are involved, the City may resolve disputes as to the responsibility for costs associated with the removal, relaying or relocation of facilities among entities authorized to install facilities in the Rights-of-Way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or any State or federal law or regulation. In the event that the System creates or is contributing to an imminent danger to health, safety or property, as reasonably determined by the City, the City, after providing notice to the Grantee, if it is reasonably feasible to do so, may remove or relocate any or all parts of the System at no expense to the City, other than the City’s costs to act on such determination. 4. Use of Existing Poles and Undergrounding of Cable. a. Where existing poles, underground conduits, ducts or wire holding structures are available for use by the Grantee, but it does not make arrangements for such use, the City may require, through the established permit, or any other applicable procedure, the Grantee to use such existing poles and wireholding structures if the City determines that the public convenience would be enhanced thereby and the terms available to the Grantee for the use of such poles and structures are just and reasonable. 15 3639370v7 b. The Grantee agrees to place its cables, wires or other like facilities underground, in the manner as may be required by the provisions of the City Code and City policies, procedures, rules and regulations, as amended from time to time, where all utility facilities are placed underground. The Grantee shall not place facilities, equipment or fixtures where they will interfere with any existing gas, electric, telephone, water, sewer or other utility facilities or with any existing installations of the City, or obstruct or hinder in any manner the various existing utilities serving the residents of the City. To the extent consistent with the City Code, City policies, procedures, rules and regulations, System cable and facilities may be constructed overhead where poles now exist and electric or telephone lines or both are now overhead. However, in no case may the Grantee install poles in areas of the City where underground facilities are generally used by the utilities already operating. If the City, at a future date, requires all electric and telephone lines to be placed underground in all or part of the City, the Grantee shall, within a reasonable time, as determined by the City, similarly move its cables and lines, at no expense to the City, and shall not seek damages from the City for such compliance. If the City makes available funds for the cost of placing facilities underground Grantee may seek such funds for the cost of placing facilities underground to the extent permitted by and consistent with the City Code and Applicable Laws. If non-City funds, such as funds from residents, are made available to place electric or telephone lines underground, nothing herein shall prohibit Grantee from participating in such funding. 5. Installation of Facilities. a. To the extent consistent with City Code and Applicable Laws, no poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures, or other wire-holding structures shall be erected or installed by the Grantee without obtaining any required permit or other authorization from the City. b. No placement of any pole or wireholding structure of the Grantee is to be considered a vested fee interest in the Rights-of-Way or in City property. Whenever feasible, all transmission and distribution structures, lines, wires, cables, equipment and poles or other fixtures erected by the Grantee within the City are to be so located and installed as to cause minimum interference with the rights and convenience of property owners. 6. Safety Requirements. a. All applicable safety practices required by law shall be used during construction, maintenance and repair of the System. The Grantee agrees, at all times, to employ ordinary and reasonable care and to install and maintain in use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage or injuries to the public or to property. All of Grantee’s structures and all lines, equipment and connections in the Rights-of-Way shall at all times be kept and maintained in a safe condition, consistent with applicable safety codes. 16 3639370v7 b. The Grantee’s construction, operation or maintenance of the System shall be conducted in such a manner as not to interfere with City communications technologies related to the health, safety and welfare of City residents. c. The Grantee shall install and maintain such devices as will apprise or warn Persons using the Rights-of-Way of the existence of work being performed on the System in Rights-of-Way. d. The Grantee shall be a member of the One Call Notification System (otherwise known as “Gopher State One Call”) or its successor, and shall field mark the locations of its underground facilities upon request. Throughout the term of this Franchise, the Grantee shall identify the location of its facilities for the City at no charge to the City. 7. Removal of Facilities at Expiration of Franchise. At the expiration of the term for which this Franchise is granted, or upon the expiration of any renewal or extension period which may be granted, the City shall have the right to require the Grantee, at its sole expense: (i) to remove all or a portion of the System from the Rights-of-Way within the City used solely for the provision of Cable Services; and (ii) to restore affected sites to their original condition consistent with all City Code requirements. Should the Grantee fail, refuse or neglect to comply with the City’s directive, all portions of the System, or any part thereof used for the provision of Cable Services, may at the option of the City become the sole property of the City, at no expense to the City, or be removed, altered or relocated by the City at the cost of the Grantee. The City shall not be liable to the Grantee for damages resulting from such removal, alteration or relocation. However, the Grantee shall have no obligation to remove the Cable System where it utilizes the system to provide other non-cable services and has any other authority under Applicable Law to maintain facilities in the public Rights-of-Way, or where Grantee is able to find a purchaser of the Cable System who holds such authorization. 8. Right-of-Way Meetings. Grantee will regularly attend and participate in meetings of the City, of which the Grantee is made aware, regarding Rights-of-Way, joint trenching and boring and other issues that may impact the Cable System. 9. Joint Trenching. Grantee shall endeavor to limit the cutting of streets, sidewalks and other Rights-of-Way through joint trenching. Grantee shall contact the appropriate City agency or department prior to any street cuts or disturbance of a sidewalk to determine if utilities or telecommunications companies or other cable operators are scheduled to cut the same street or disturb the same sidewalk. Upon discovery of other like plans to disturb the Right-of-Way, Grantee shall contact the other users and, where practicable, plan for joint trenching. 10. Maps. a. Upon request, Grantee shall make available maps of all existing constructed areas, in place, and proposed construction in sufficient detail as reasonably requested by the City. 17 3639370v7 b. In the event that Grantee’s maps are available and able to be shared electronically, the Grantee shall allow the City “read only” access to its Cable System maps. If needed by the City, Grantee will provide the maps in a format that enables the City to read Grantee’s electronic maps, if Grantee has the technical capability to do so. c. If required by the City, the Grantee shall make available to the City the maps, plats, and permanent records of the location and character of all Grantee’s facilities constructed, including underground facilities; and Grantee shall make available to the City updates of such maps, plats and permanent records annually if changes have been made to the System by Grantee in the Rights-of-Way. 11. Main Roads and Streets. Grantee shall not unduly create traffic congestion on main roads and streets due to construction or maintenance of the Cable System. Construction and maintenance shall be scheduled around morning and evening rush hours when practicable. In the event that construction or maintenance must be conducted during such times and at such places, the Grantee shall notify the appropriate City agency or department. The City may deny Grantee’s use of said streets and roadways during said periods. 12. Discontinuing Use/Abandonment of Cable System Facilities. Whenever Grantee intends to discontinue using any System facility within the Rights-of-Way, Grantee shall notify the City of its intent regarding such discontinuance. Grantee may remove the facility or request that the City permit it to remain in place. Notwithstanding Grantee’s request that any such facility remain in place, the City may require Grantee to remove the facility from the Right-of-Way or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. The City may require Grantee to perform a combination of modification and removal of the facility. Grantee shall use its best efforts to complete such removal or modification in accordance with a schedule set by the City. Until such time as Grantee removes or modifies the facility as directed by the City, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Right-of-Way, in the same manner and degree as if the facility were in active use, and Grantee shall retain all liability for such facility. If Grantee abandons its facilities, the City may choose to use such facilities for any purpose whatsoever without ordering removal. SECTION 4. DESIGN PROVISIONS 1. System Facilities and Equipment. a. The Cable System utilizes a fiber to the node architecture, with fiber optic cable deployed from Grantee’s headend to Grantee’s fiber nodes, tying into Grantee’s coaxial Cable System serving Subscribers. The System is currently passing a minimum of 750 MHz (with a minimum passband of between 50 and 750 MHz). Grantee’s Cable System shall provide Subscribers at least 200 or more activated downstream video Channels, or 18 3639370v7 such comparable video viewing capability as is provided in light of the development of technologies and video distribution practices in the future. b. The System shall have at least the following characteristics: i. standby power generating capacity at the headend. The Grantee shall maintain motorized standby power generators capable of powering all headend equipment for at least twenty-four (24) hours and indefinitely with a continuous or replenished fuel supply. The back-up power supplies serving the System shall be capable of providing power to the System for not less than three (3) hours per occurrence measured on an annual basis according to manufacturer specifications in the event of an electrical outage. The Grantee shall maintain sufficient portable motorized generators to be deployed in the event that the duration of a power disruption is expected to exceed three (3) hours; ii. a System that conforms to or exceeds all applicable FCC technical performance standards, as amended from time to time, which standards are incorporated herein by reference, and any other applicable technical performance standards. End of the line performance must meet or exceed applicable FCC specifications at the end of the Subscriber Drop; iii. a System shall, at all times, comply with applicable federal, State and local rules, regulations, practices and guidelines pertaining to the construction, upgrade, operation, extension and maintenance of Cable Systems, including, by way of example (but not limitation): (A) National Electrical Code, as amended from time to time; and (B) National Electrical Safety Code (NESC), as amended from time to time. iv. facilities and equipment sufficient to cure violations of FCC technical standards and to ensure that Grantee’s System remains in compliance with the standards specified in subparagraph (v); v. such facilities and equipment as necessary to maintain, operate and evaluate the Grantee’s System for compliance with FCC technical and customer service standards, and such standards as may hereafter be amended; vi. status monitoring equipment to alert the Grantee when and where back-up power supplies are being used; vii. all facilities and equipment required to properly test the System and conduct an ongoing and active program of preventative maintenance and quality control; viii. antenna supporting structures designed in accordance with any applicable governmental building codes, as amended, and painted, lighted and erected and 19 3639370v7 maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the FCC and all other applicable codes and regulations; ix. the Grantee shall provide adequate capabilities to Subscribers to permit parental control over the use of Grantee’s Cable Service. The Grantee, however, shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber’s or viewer’s exercise or failure to exercise such controls; x. facilities and equipment capable of operating within the temperature ranges typical to the climate of the City over the calendar year; xi. the Grantee must have TDD/TYY (or equivalent) equipment at the company office, and a publicly listed telephone number for such equipment, that will allow hearing impaired customers to contact the company; xii. all facilities and equipment designed, built, and operated in such a manner as to comply with all applicable FCC requirements regarding consumer electronic equipment; xiii. all facilities and equipment designed, built and operated in such a manner as to protect the safety of Grantee’s Cable System workers and the public; and xiv. Grantee shall comply with all FCC regulations regarding closed captioning and other regulations applicable to providing services to disabled Subscribers. c. Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of the specifications in Section 4.1 throughout the term of the Franchise with sufficient capability and technical quality to enable the implementation and performance of all the requirements of this Franchise, including the exhibits hereto, and in a manner which meets or exceeds applicable FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted. d. Emergency Alert System. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (“EAS”) consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and any State EAS requirements. The City may identify authorized emergency officials for activating the EAS consistent with the State Emergency Statewide Plan (“EAS Plan”). The City may also develop a local plan containing methods of EAS message distribution, subject to Applicable Laws and the EAS Plan. Nothing in this section is intended to expand Grantee’s obligations beyond that which is required by the EAS Plan and Applicable Law. e. The Grantee shall not assert or otherwise raise any claim before a court of competent jurisdiction or any administrative agency alleging that, as of the Effective Date of this Franchise, the minimum System design and performance requirements set forth in 20 3639370v7 this Franchise are unenforceable under or inconsistent with Applicable Law or any applicable orders or decisions of the FCC. 2. Managed Network. a. The City has a need for data connections offered by Grantee to connect certain City facilities in the Franchise Area. Grantee or its Affiliate agrees to provide, operate, repair and maintain a managed network for a term of five (5) years in accordance with an executed Enterprise Services Agreement, attached as Exhibit C. b. The Enterprise Services Agreement shall set forth the locations, service, monthly fees for service and all other material terms and conditions relative to Grantee’s or its Affiliate’s provision of data services to the City. Where an executed Enterprise Services Agreement conflicts with any term or condition of this section, the Enterprise Services Agreement shall prevail with respect to only those specific data services provided to the City as specified in the Enterprise Services Agreement; with the exception that in the event Grantee enters into a franchise or Enterprise Services Agreement or similar agreement in the Twin Cities metropolitan area after the Effective Date of this Franchise that allow a city or group of cities to receive the same or similar services on terms, conditions and/or pricing that are more favorable (taking into account the agreement as a whole), Grantee agrees to make the pricing available immediately and make available the services within a reasonable period of time to the City under the same terms, conditions and/or pricing made available to the city or group of cities. 3. Periodic Progress Reporting. a. Prior to the beginning any Major Construction, and periodically during each phase, the Grantee shall inform through various means the affected public and affected Subscribers about: (i) the progress of the Major Construction; (ii) areas where construction crews will be working; and (iii) any expected temporary interruptions to existing services which may occur. Upon request of the City, Grantee shall meet with the City to answer questions regarding Major Construction. b. If in any three (3) month period of time during the term of this Franchise, the Grantee performs Fifty Thousand and No/100 Dollars ($50,000.00) or more of work to any portion of the System serving the City, the Grantee will endeavor to provide advanced written notice generally describing the project to the City’s Director of Communications. 4. Line Extension Requirements. a. Grantee shall make Cable Service available on the Cable System in accordance with the terms of this Franchise to all residences, businesses, and other structures within the Franchise Area, including multiple dwelling unit buildings, whose owners or occupants request Cable Service. b. Grantee shall construct and operate its Cable System so as to provide Cable Service within the Franchise Area where there exists a density equivalent of seven (7) 21 3639370v7 dwelling units per one-quarter (1/4) mile of feeder cable as measured in strand footage from the nearest technically feasible point on the active Cable System trunk or feeder line if the extension is to be constructed using aerial plant, and nine (9) dwelling units per one-quarter (1/4) mile of feeder cable as measured in strand footage from the nearest technically feasible point on the active Cable System trunk or feeder line for underground plant. The City, for its part, shall endeavor to exercise reasonable efforts to request developers and utility companies to provide the Grantee with at least fifteen (15) days advance notice of an available open trench for the placement of necessary cable. c. Any residential unit located within one hundred twenty-five (125) feet from the nearest point of access on the street from which the Cable System is designed to serve the site shall be connected to the Cable System at no charge other than the Standard Installation charge. Grantee shall, upon request by any potential Subscriber residing in City beyond the one hundred twenty-five (125) foot limit, extend service to such Subscriber provided that the Subscriber shall pay the net additional Drop costs, unless the Grantee agrees to waive said costs. To the extent consistent with Applicable Laws, Grantee agrees that it shall impose Installation costs for non-Standard Installations in a uniform and nondiscriminatory manner throughout the City. 5. System Maintenance. a. The Grantee shall interrupt Service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System, usually from 1 am to 5 am. b. Except for a planned Service Interruption which will have a minimal impact on Subscribers, the Grantee shall use its best efforts to provide Subscribers with at least twenty-four (24) hours’ prior notice of a planned Service Interruption for two (2) or more hours scheduled during Normal Business Hours. c. Maintenance of the System shall be performed in accordance with the applicable technical performance and operating standards established by FCC rules and regulations. Should the FCC choose to abandon this field and does not preempt the City’s entry into this field, the City may adopt such technical performance and operating standards as its own and the Grantee shall comply with them at all times. 6. System Tests and Inspections; Special Testing. a. The Grantee shall perform all applicable tests necessary to demonstrate compliance with the performance standards established by Applicable Law or regulation. Grantee shall maintain written records of all results of its Cable System tests, performed by or for Grantee. Copies of such test results will be provided to the City upon reasonable request. b. The City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, the City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding System construction, operations or 22 3639370v7 installation work pertaining to such location(s). Such tests shall be limited to the particular matter in controversy. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to the Grantee or to the Subscribers of such testing. c. Before ordering such tests, the Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City shall meet with the Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, the City wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or resolution of complaints, the tests shall be conducted at the Grantee’s expense by a qualified engineer selected by the City and the Grantee, and Grantee shall cooperate in such testing. d. Unless otherwise provided in this Franchise, tests shall be supervised by the Grantee’s chief technical authority, or their designee, who shall certify all records of tests provided to the City. e. The Grantee shall provide the City with at least two (2) business days’ prior written notice of, and opportunity to observe, any applicable tests performed on the System. f. Test results shall be filed with the City within fourteen (14) days of a written request by the City. g. If any test indicates that any part or component of the System fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from the City, shall take corrective action, retest the locations and advise the City of the action taken and the results achieved by filing a written report certified by the Grantee’s chief technical authority or their designee. 7. FCC Reports. Upon request by the City, the results of tests required to be filed by Grantee with the FCC shall also be copied to City. If the City is cited by Grantee in a specific FCC filing the Grantee shall make the City aware of such filing and will provide a copy or an electronic link of such filing. 8. Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. 9. Parental Control. Upon the request of a Subscriber, the Grantee shall make available at no additional charge, functionality which inhibits the viewing of a certain program(s) or certain Channels provided by way of the Cable System, but may charge for a Converter, if applicable. 10. Types of Service. Should the Grantee desire to change the selection of programs or services offered on any of its tiers, it shall maintain the mix, quality and level of services provided over the System. Any change in programs or services offered shall comply with 23 3639370v7 all lawful conditions and procedures contained in this Franchise and in Applicable Law or regulations. 11. Home Wiring. Grantee shall comply with all Applicable Laws regarding home wiring. Nothing in this Franchise shall in any way limit or waive the City’s authority to regulate home wiring in the City Code to the extent not prohibited by Applicable Laws. SECTION 5. SERVICE PROVISIONS 1. Customer Service Standards. a. The Grantee shall at all times comply with applicable federal and FCC customer service standards and those set forth herein. b. In addition, the Grantee shall at all times satisfy and comply with all customer service requirements included in this Franchise and any customer service requirements set forth in any ordinance or regulation lawfully enacted by the City. 2. Video Programming. Grantee shall give thirty (30) days written notice to both Subscribers and the City before implementing any rate or Service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels). When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, the Grantee need only identify for Subscribers the television signal added and not whether that signal may be multiplexed during certain dayparts. 3. Sales Procedures. a. The Grantee shall not exercise deceptive sales procedures when marketing Services within the City. The Grantee shall at all times comply with Chapter 6, Section 6.36 of the City Code, as may be amended or re-codified, governing solicitations in the City. The Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulations. b. In its annual written communication with a Subscriber, and in all general rate and service communication material regarding Grantee’s Cable Service, the Grantee shall inform the Person of all levels of Service available, including the lowest priced tiers. All terms of the Grantee’s Services shall be clearly stated, noting that all rates are exclusive of certain fees, costs and taxes. City acknowledges that in certain national marketing materials local/State tax information may not be provided by Grantee. Grantee may satisfy the provisions of this paragraph by providing the Subscriber or non-Subscriber with a toll free telephone number where the individual may inquire and be informed about all of the levels of Service (including the lowest cost level of Service) that may be offered by the Grantee as well as any associated costs. The Grantee shall provide the Subscriber with a written or verbal summary of all services and associated costs ordered by the Subscriber. 24 3639370v7 c. All promotional materials advertising Cable Services shall accurately disclose price terms, the date or time period upon which any promotional offers will terminate. Grantee’s Subscriber service representatives shall make the price of pay-per-view and pay-per-event programming clear before an order is taken. d. Grantee shall provide written notification of the availability of the Basic Cable Service tier to Subscribers at the time of Installation and annually thereafter; and provide such information over the telephone. This notification shall include, at a minimum, the following: i. Basic Cable Service tier is available; ii. Cost per month for the Basic Cable Service tier; and iii. List of all Channels included in the Basic Cable Service tier. e. If a Person requests that the Grantee inform them of the lowest price tier of Cable Service available in the Franchise Area, Grantee shall inform the Person of such lowest price tier. 4. Subscriber Inquiry and Complaint Procedures. a. The Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive general public and Subscriber complaints, questions and requests on a twenty-four (24) hour-a-day, seven (7) days-a-week, three hundred sixty- five (365) days -a-year basis. b. Trained representatives of the Grantee shall be available to respond by telephone to Subscriber and service inquiries. c. After Normal Business Hours, the Subscriber service access line may be answered by an answering service, automated response system or an answering machine. A qualified Grantee representative shall respond on the next business day to inquiries received after Normal Business Hours. d. Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and the City where applicable and lawful. e. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. f. Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. 25 3639370v7 g. Subject to the Grantee’s obligations pursuant to law regarding privacy of certain information, the Grantee shall maintain records of all Subscriber complaints not resolved by phone, and escalated at the request of the Subscriber, that is available for City inspection. The file will include subject of the complaint, how it was resolved, when it was resolved, and any additional action taken by caller or Grantee. Grantee will maintain an “escalated complaint process” to address unresolved complaints from Subscribers. A team of specifically identified employees of Grantee shall be available to City via email and telephone for reporting issues. These specifically identified employees of Grantee will have the ability to take actions to resolve Subscriber complaints relating to billing, property or service restoration, technical appointments, or any other Subscriber matters when necessary. Grantee will follow-up with City in writing by email (and by phone when necessary) with a summary of the results of the complaint(s). h. The Grantee shall respond to complaints received from the City in a timely manner, and provide a copy of each response to the City within ten (10) days. In addition, the Grantee shall respond to all written complaints received from Subscribers within thirty (30) days of receipt of the complaint. 5. Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: a. Standard Installations will be performed within seven (7) business days after a valid order has been placed. b. Excluding conditions beyond the control of the Grantee, the Grantee shall commence working on a Service Interruption within twenty-four (24) hours after the Service Interruption becomes known and pursue to conclusion all steps reasonably necessary to correct the interruption. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem, and pursue to conclusion all steps reasonably necessary to correct the problem. c. The Grantee may schedule appointments for Installations and other service calls either at a specific time or, at a maximum, during a four (4) hour time block during Normal Business Hours. The Grantee may also schedule service calls outside such hours for the convenience of customers. The Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer or technician is late and will not meet the specified appointment time, he/she must use his/her best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 6. Customer Service Monitoring. The Grantee shall utilize such equipment and software and keep such records as are necessary or required to enable the City to determine whether the Grantee is complying with all telephone answering standards required by applicable customer service regulations and laws, as amended from time to time. 26 3639370v7 7. Subscriber Contracts. The Grantee shall, upon request, provide the City with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, the Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee’s current Subscriber rates and charges for Cable Service shall be available for public inspection. 8. Service Credit. a. In the event a Subscriber establishes or terminates Service and receives less than a full month’s service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which Service was rendered to the number of days in the billing cycle. b. If, for any reason, Service is interrupted for a total period of more than twenty- four (24) hours in any thirty (30) day period, Subscribers shall, upon request, be credited pro rata for such Service Interruption. c. If the cable signal on any Channel is below FCC technical standards for more than two (2) weeks, Grantee shall provide upon the Subscriber’s request a proportionate rebate for the entire period that the Channel is below FCC technical standards. d. If a Subscriber requests disconnection of any or all Services, billing for affected Services shall end on the same day. Upon any Subscriber’s request for disconnection, the Grantee shall clearly communicate to the Subscriber what, if any, equipment must be returned to the Grantee as well as any fees or costs that the Subscriber may incur for the disconnection. The Subscriber shall not be responsible for Cable Services delivered after the request. The Grantee must refund any credit balance owed the Subscriber, less any owed or disputed amounts, within thirty (30) business days after the close of the Subscriber’s billing cycle following the return of the equipment and request for disconnection. 9. Refunds or Credits. a. Any refund checks shall be issued promptly, but not later than either: i. the Subscriber’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or ii. the return of the equipment supplied by the Grantee if Service is terminated. b. Any credits for Service shall be issued no later than the Subscriber’s next billing cycle following the determination that a credit is warranted. 27 3639370v7 10. Late Fees. Fees for the late payment of bills shall not be assessed until after the Service has been fully provided. The City reserves the right to enforce Grantee’s compliance with all Applicable Laws to the maximum extent legally permissible. 11. Communications between Grantee and Subscribers. a. In addition to the obligations of Section 5.3 above, Grantee shall at all times comply with Chapter 6, Section 6.36 of the City Code, as may be amended or re-codified, regarding door to door solicitations in the City. b. In addition to the obligations of Section 5.3(d) above, the Grantee shall provide each Subscriber at the time Cable Service is initiated, and at least every twelve (12) months thereafter, the following materials: i. instructions on how to use the Cable Service; ii. billing and complaint procedures, and written instructions for placing a service call, filing a complaint, or requesting an adjustment (including when a Subscriber is entitled to refunds for outages and how to obtain them); iii. a schedule of rates and charges, Channel positions and a description of products and services offered, including any free or universal service; iv. prices and options for programming services and conditions of subscription to programming and other services; and v. a description of the Grantee’s Installation and service maintenance policies, Subscriber privacy rights, delinquent Subscriber disconnect and reconnect procedures and any other of its policies applicable to Subscribers. c. Copies of materials specified in the preceding subsection shall be provided to the City, upon request. d. Subscribers shall be notified of any changes in programming, services or Channel positions. When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. Subscribers shall be given a description of the changes, their options (including costs) for changing services they receive, phone number for questions and effective date. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of Grantee. For thirty (30) days after notice of re-tiering or rate increases, provided a Subscriber is not bound by a defined term contract (e.g. a two (2) year fixed price contract), a Subscriber may disconnect at no additional charge. In addition, the Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the other information required by Section 5.11(b). e. Grantee shall comply with all applicable Americans with Disabilities Act (ADA) requirements related to the delivery of Cable Service. 28 3639370v7 f. Grantee shall comply with all Applicable Laws regarding the provision of Cable Services in multiple unit dwelling buildings. g. Grantee shall not charge Subscribers for any Services they have not affirmatively requested; provided, this subsection shall not prevent adding programming to an existing tier. 12. Billing. a. Bills shall be clear, concise and understandable. Bills may be fully itemized to the extent allowed by law and this Franchise, provided that all bills shall clearly reflect only a single total amount due. Bills shall also clearly delineate all activity during the billing period, including optional charges, rebates and credits. Franchise Fees, costs and taxes shall be itemized in a manner that accurately and fairly portrays the basis for the taxes and fees. b. In case of a billing dispute, the Grantee shall use its best efforts to respond as soon as possible and in no event longer than ten (10) business days. In all cases Grantee must respond to a written complaint from a Subscriber within thirty (30) days. c. Bills shall not be past due sooner than thirty (30) days after the date of mailing. The closing date of the billing cycle shall be shown on the bill. d. Refund checks shall be issued promptly, as provided in Section 5.8. e. Credits for Service shall be issued no later than the Subscriber’s next billing cycle or thirty (30) days after the determination that a credit is warranted, whichever is sooner. f. Deposits shall accrue interest at a fair market rate. Within ten (10) days after termination of Service, Grantee shall repay any deposit owed to the Subscriber with a statement showing accrued interest to the Subscriber, less any sums owed to Grantee. 13. Subscriber Rights. a. Grantee shall comply at all times with all Applicable Laws, rules, and regulations including the terms of the Franchise relating to non-discrimination. b. All Grantee rates and charges shall be published and non-discriminatory. Except as provided hereunder, Grantee shall establish similar rates and charges for all Subscribers receiving similar services regardless of type of dwelling unit, race, color, religion, age, sex, marital or economic status, national origin, sexual orientation, political ideology, creed, ancestry; the presence of any sensory, mental or physical handicap; or geographic location within the Grantee’s Franchise Area. Nothing in this section shall be construed to prohibit the temporary reduction or waiving of rates and charges in conjunction with promotional campaigns or discounted rates for provision of Cable Services including those to multiple dwelling unit buildings. 29 3639370v7 c. Grantee shall not deny Cable Service, or otherwise discriminate against Subscribers, access programmers or any other Persons on the basis of type of dwelling unit, race, color, religion, age, sex, marital or economic status, national origin, sexual orientation, political ideology, creed, ancestry; the presence of any sensory, mental or physical handicap; or geographic location within the Grantee’s Franchise Area. d. The Grantee shall not take any retaliatory action against a Subscriber because of the Subscriber’s exercise of any right it may have under Applicable Laws, nor may the Grantee require a Subscriber to waive such rights as a condition of service. 14. Subscriber Privacy. To the extent required by Minnesota Statutes Section 238.084 Subd. 1(s) Grantee shall comply with the following: a. No signals including signals of a Class IV Cable Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. b. No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee’s business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from the Subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. c. Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (b) of this section. 15. Exclusive Contracts and Anticompetitive Acts Prohibited. a. The Grantee may not require a residential Subscriber to enter into a long-term contract as a condition of providing or continuing Cable Service. 30 3639370v7 b. The Grantee shall not engage in acts prohibited by federal or State law that have the purpose or effect of limiting competition for the provision of Cable Service in the City. 16. Local Office. Grantee shall maintain convenient local customer service and bill payment locations for matters such as receiving Subscriber payments, handling billing questions, equipment replacement and customer service information. SECTION 6. ACCESS CHANNEL(S) PROVISIONS 1. Public, Educational and Governmental Access. a. The City is hereby designated to operate, administer, promote, and manage PEG access programming on the Cable System and shall have the right to program the PEG Access Channels in City’s sole discretion. b. Upon the Effective Date of this Franchise, Grantee shall maintain all existing PEG Access Channels. c. Within ninety (90) days of the Effective Date of this Franchise, the Grantee shall dedicate and make available five (5) standard definition (“SD”) Channels for PEG use and one (1) high definition (“HD”) Channel for PEG. All SD and HD PEG Access Channels shall, throughout the term of this Franchise, be available on the tier of service to which Grantee requires all Subscribers to subscribe (as of the Effective Date, the Basic Service tier), or if there is no such tier, the PEG Access Channels will be provided to every Subscriber without charge beyond the charge the Subscriber pays for the Cable Services and equipment the Subscriber receives. It is the intent of the parties to have the PEG Access Channels available to every Cable Service Subscriber. d. Upon ninety (90) days of the Effective Date of this Franchise the PEG Access Channels shall be designated in the following manner, however the City may modify the programming on any or all PEG Access Channels in City’s sole discretion: i. Channel 20 – ETV ii. Channel 19 - District 196 iii. Channel 18 - District 191 iv. Channel 16 - Eagan Government – will be carried in both SD and HD v. Channel 15 - Eagan Public Access e. On or after January 1, 2019, the City will have the option to give back, upon ninety (90) days written notice to Grantee, one (1) SD PEG Access Channel and Grantee shall provide SD/HD simulcast capability to one (1) of the remaining SD PEG Access Channels. The City shall determine, in City’s sole discretion, which PEG Access Channel to give back and which PEG Access Channel shall then be capable of SD/HD simulcast programming. f. On or after January 1, 2020, the City will have the option to give back, upon ninety (90) days written notice to Grantee, a second SD PEG Access Channel and 31 3639370v7 Grantee shall provide SD/HD capability to one of the remaining SD PEG Access Channels. The City shall determine, in City’s sole discretion, which PEG Access Channel to give back and which PEG Access Channel shall then be capable of SD/HD programming. g. Nothing herein shall diminish any rights of the City to secure additional PEG Channels pursuant to Minnesota Statutes Section 238.084, which is expressly incorporated herein by reference. 2. PEG Channel Locations. a. PEG Access Channels shall be carried on the lowest cost tier of generally available programming. Nothing herein precludes the Grantee from charging for equipment needed for such service. Grantee shall make every reasonable effort to coordinate the cablecasting of PEG access programming on the Cable System on the same Channel designations as such programming is currently cablecast within the City. Grantee shall make reasonable efforts to maintain the SD PEG Access Channels at their current location on the Grantee’s Channel line-up. Grantee shall locate HD PEG Access Channels in the same channel neighborhood as other news and information HD PEG Channels provided by Grantee on its Cable System. b. In no event shall any PEG Access Channel relocations be made prior to ninety (90) days written notice to the City by Grantee, except for circumstances beyond Grantee’s reasonable control. The PEG Access Channels will be located within reasonable proximity broadcast Channels, excluding pay-per-view programming and digital music offered by Grantee in the City. In addition, Grantee shall reimburse the City for all reasonable costs up to a maximum of Five Thousand Dollars ($5,000.00) for each occurrence caused by such relocation, including (1) logo, business card or signage changes, (2) equipment modifications necessary to effect the change at the City’s production or receiving facility, and (3) constituency notification costs, to be determined in City’s sole discretion. Grantee, at Grantee’s expense, will place City’s notices of the Channel change on its regular monthly billings, upon City’s request. c. Grantee agrees not to encrypt the PEG Access Channels differently than commercial Channels available on the Cable System. d. In the event the Grantee makes any change in the System and related equipment and facilities or in signal delivery technology, which change directly or indirectly causes the signal quality or transmission of PEG Access Channel programming or PEG services to fall below technical standards under Applicable Law, the Grantee shall, at its own expense, provide any necessary technical assistance, transmission equipment and training of PEG personnel, and in addition, provide necessary assistance so that PEG facilities may be used as intended, including, among other things, so that live and taped programming can be cablecast efficiently to Subscribers. 3. Navigation to Access Channels/Electronic Programming Guide. Grantee agrees that if it utilizes a visual interface under its control on its Cable System for all Channels, the 32 3639370v7 PEG Access Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will have ready access to PEG Access Channels. Within sixty (60) days of the Effective Date, Grantee will make available to City the ability to place PEG Access Channel programming information on the interactive Channel guide via the electronic programming guide (“EPG”) vendor (“EPG provider”) that Grantee utilizes to provide the guide service. Grantee will be responsible for providing the designations and instructions necessary for the PEG Access Channels to appear on the EPG. All costs and operational requirements for the EPG provider shall be the responsibility of the City. Grantee is not responsible for operations of the EPG provider. Grantee shall, to the maximum extent possible, make available to the City any price discounts Grantee may have in place with third party vendors that offer such programming guide services. 4. PEG Access Channel Quality. a. The Grantee shall comply with all applicable FCC regulations and technical standards regarding carriage of PEG Access Channels in digital, HD and any successor format transmissions. b. The System shall be so constructed and operated such that there is no perceptible deterioration in the quality of the PEG Access Channel signals after delivery of such signals to the Grantee, as compared with the quality of any other Channel on the System. As used in this paragraph, “deterioration” refers to delivery that is within the control of the Grantee. c. Grantee shall carry all components of the SD and HD PEG access signals provided by the City, including but not limited to, closed captioning, multichannel television sound, and any captioning or text signals which are inserted by City or passed- through by City on its PEG Access Channels. Grantee will deliver the SD and HD PEG Access Channels to Subscribers so that they are viewable without degradation, provided that it is not required to deliver a PEG Access Channel at a resolution higher than the highest resolution used in connection with the delivery of local broadcast signals to the public. Grantee shall implement SD and HD carriage (audio and visual) of the PEG Access Channels in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal as accessible, functional, useable and of a quality comparable (meaning indistinguishable to the viewer) to broadcast SD and HD Channels carried on the Cable System. Grantee agrees that Subscribers will not be required to obtain or pay for any additional equipment required solely to receive the PEG Access Channels. 5. PEG Technical Support. Grantee will at all times provide the City with a number where its staff will provide technical assistance or diagnostic services to determine whether or not a problem with a PEG signal is the result of matters for which Grantee is responsible and if so, Grantee will take prompt corrective action. Within twenty-four (24) hours of a written request from City to the Grantee identifying a technical problem with a PEG Access Channel and requesting assistance, Grantee will make contact with the City representative to determine what can be done to solve the problem. If the 33 3639370v7 problem persists and there is a dispute about the cause, then the parties shall meet with engineering representation from Grantee and the City in order to determine the course of action to remedy the problem. 6. Interconnection. a. Grantee shall continue to make the fiber loop known as the PRIMSA Ring available to City until the network equipment servicing the PRIMSA Ring as of the Effective Date is at the end of life. The City can use the PRIMSA Ring to send and receive live and recorded programming for playback. Grantee shall provide City access to the PRIMSA Ring at an agreed upon Demarcation Point. Grantee will provide use of and maintain the PRIMSA Ring free of charge but Grantee will not be obligated to replace network equipment on the PRISMA Ring or for any equipment on the City’s side of the Demarcation Point. b. Grantee shall provide the following fiber paths for PEG origination/return capacity from Grantee’s hub location at 4125 Old Sibley Memorial Highway (or such other location designated by the Grantee) as necessary to transport PEG origination/ return capacity (SD and HD) for distribution by the Grantee on Grantee’s Cable Service lineup (“Grantee Return Fiber”): i. E-TV Studios located at 610 Opperman Drive; and ii. Eagan Master Control Center located at 3830 Pilot Knob Road. Grantee shall provide the existing Grantee Return Fiber to the City free of charge and with no transport costs or other fees imposed upon City, for the transport and playback of PEG Access programming and PEG Channels in the formats provided by the City (SD and HD), with no degradation of signal quality, with no lag time, and with no delay, consistent with industry standards. The City and Grantee acknowledge and agree that this PEG Access programming may include, in City’s sole discretion, programming from School District 196 and 197. c. Grantee shall also maintain, free of charge and with no transport costs or other fees imposed upon City the existing connection(s) that facilitate the transport and playback of School District 191 programming (SD and HD) on one of the designated PEG Channels as specified in Section 6.1.d herein (currently carried on Channel 18). 7. PEG Support Obligations. a. Upon the Effective Date, the Grantee shall pay to the City one point eight percent (1.8%) of Gross Revenues in support of PEG capital (the “PEG Fee”). b. The PEG Fee is not intended to represent part of the Franchise Fee and is intended to fall within one (1) or more of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. §542 or other Applicable Laws. Grantee shall pay the PEG Fee to the City quarterly at the same time as the payment of Franchise Fees under Section 7.3 of this 34 3639370v7 Franchise. Grantee agrees that it will not offset or reduce its payment of past, present or future Franchise Fees required as a result of its obligation to remit the PEG Fee. c. Any PEG Fees owing pursuant to this Franchise which remain unpaid more than twenty-five (25) days after the date the payment is due shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or the prime lending rate published by the Wall Street Journal on the day the payment was due plus two percent (2%), whichever is greater. 8. Metro Cable Network Channel 6. The Grantee shall designate Metro Cable Network Channel 6 for uniform regional Channel usage to the extent required by State law. 9. Leased Access Channels. The Grantee shall provide Leased Access Channels as required by federal and State law. 10. Free Cable Service to Public Buildings. a. Throughout the term of this Franchise, Grantee shall provide, free of charge and at no cost to the City, one (1) service Drop, three (3) Converters, if necessary and requested, and Basic Cable Service and the next highest level of Service generally available to all Subscribers (as of the Effective Date referred to as Expanded Basic Service) (“Complimentary Service”) to all of the sites listed on Exhibit A attached hereto. b. The City may request, and Grantee shall provide free of charge and at no cost to the City, the extension of a Drop and provision of Complimentary Service to newly constructed governmental or educational buildings. If the Drop exceeds two hundred fifty (250) feet, Grantee will accommodate the Drop if the City or other agency provides the necessary attachment point for aerial service or conduit pathway for underground service. If the necessary pathway is not provided, the City or other agency shall pay the Actual Costs of such Drop in excess of one hundred fifty (150) feet. The recipient of the service will secure any necessary right of entry. c. The City or the building occupant shall have the right to extend Cable Service throughout the building to additional outlets without any fees imposed by Grantee for the provision of Complimentary Service to such additional outlets. If ancillary equipment, such as a Converter, is required to receive the signal at additional outlets, Grantee will provide up to three (3) devices (as referenced in subsection (a) above at no charge, and will provide additional devices at Grantee’s best discounted rate charged within the Twin Cities metropolitan area. d. Notwithstanding anything to the contrary set forth in this section, Grantee shall not be required to provide Complimentary Service to such buildings unless it is technically feasible. Outlets and maintenance of said Complimentary Service shall be provided free of fees and charges. 35 3639370v7 11. Limitation on Free Service. a. In the event Grantee is legally permitted, in accordance with Applicable Laws, to offset the value of Complimentary Service against Franchise Fees payable to the City, the Grantee agrees that it will do so only: 1) after providing City with ninety (90) days’ prior written notice; and 2) at such time as Grantee also imposes the same offset in all other Minnesota jurisdictions where Grantee provides Cable Service. It is the intent of the parties that the City shall be treated by the Grantee in a reasonably comparable manner as other Twin Cities metropolitan area jurisdictions with respect to any offsets or charges imposed by Grantee for the provision of Complimentary Service. b. The City shall have right to discontinue receipt of all or a portion of the Complimentary Service provided by Grantee in the event Grantee offsets the value of Complimentary Service as set forth in Section 11(a) above. Grantee agrees that in no case shall Grantee offset the value of Complimentary Service provided to schools and public libraries during the term of this Franchise. SECTION 7. OPERATION AND ADMINISTRATION PROVISIONS 1. Administration of Franchise. The City’s designated cable television administrator, or its designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee’s operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise and law. 2. Delegated Authority. The City may appoint a citizen advisory body or a joint powers commission, or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. The Grantee shall cooperate with any such designee of the City. 3. Franchise Fee. a. During the term of the Franchise the Grantee shall pay, quarterly to the City, a Franchise Fee in an amount equal to five percent (5%) of its Gross Revenues. If any such law, regulation or valid rule, alters the five percent (5%) Franchise Fee ceiling enacted by the Cable Act, then the City shall have the authority to (but shall not be required to) increase the Franchise Fee accordingly, provided such increase is for purposes not inconsistent with Applicable Law. At no time during the term of this Franchise shall the Grantee be required to pay a Franchise Fee percentage that is greater than the monthly Franchise Fee percentage paid by any other franchised cable provider within the City. b. Any payments due under this provision shall be payable quarterly. The payment shall be made within forty-five (45) days of the end of each of Grantee’s fiscal quarters together with a Franchise Fee payment worksheet, attached hereto as Exhibit B, signed by an authorized representative of Grantee, which identifies Gross Revenues earned by Grantee during the period for which payment is made. 36 3639370v7 c. All amounts paid shall be subject to audit and recomputation by City and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. City agrees to conduct no more than two (2) audits during the ten (10) year Franchise term, unless the audit discovers an underpayment in which case the City reserves the right to conduct further audits. The Grantee shall be responsible for providing the City all records necessary, without delay, to confirm the accurate payment of Franchise Fees. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of six (6) years, pursuant to Minnesota Statutes Section 541.05. If an audit discloses an overpayment or underpayment of Franchise Fees, the City shall notify the Grantee of such overpayment or underpayment. The City’s audit expenses shall be borne by the City unless the audit determines that the payment to the City should be increased by more than five percent (5%) in the audited period, in which case the costs of the audit shall be borne by the Grantee as a cost incidental to the enforcement of the Franchise. Any additional amounts due to the City as a result of the audit shall be paid to the City within thirty (30) days following written notice to the Grantee by the City of the underpayment, which notice shall include a copy of the audit report. d. Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than thirty (30) days after the dates specified herein shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater. e. Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. f. The Franchise Fee payments required by this Franchise shall be in addition to any and all taxes or fees of general applicability. The Grantee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said Franchise Fee payments from or against any of said taxes or fees of general applicability, except as expressly permitted by law. The Grantee shall not apply nor seek to apply all or any part of the amount of said Franchise Fee payments as a deduction or other credit from or against any of said taxes or fees of general applicability, except as expressly permitted by law. Nor shall the Grantee apply or seek to apply all or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its Franchise Fee obligations, except as expressly permitted by law. 4. Access to Records. The City shall have the right to inspect, upon reasonable notice and during Grantee’s administrative office hours, or require Grantee to provide within a reasonable time, on a confidential and proprietary basis, copies of any records maintained by Grantee or its Affiliates, including specifically Gross Revenues worksheets, and accounting and financial records maintained by Grantee which relate to compliance of System operations with this Franchise or other Applicable Law. 5. Records Required. Grantee shall at all times maintain and provide to the City, at no cost to City, within thirty (30) calendar days of a written request, such records as may be 37 3639370v7 reasonably necessary to ensure compliance with the terms of this Franchise including the following: a. Records of all written complaints (subject to the next sentence) for a period of three (3) years after receipt by the Grantee, including the nature of each complaint, the date it was received, the disposition of the complaint, if any, and the date thereof. The term “complaint” as used herein refers to complaints which are submitted in writing to the Grantee and go through the escalated complaint process, but shall not include telephone traffic to the customer call center. If as a result of telephone traffic to the Grantee the Grantee has generated in the ordinary course of business or has in its possession, any summary data or logs showing the trends in complaints, such records, data or logs shall, upon thirty (30 Days request of the City, also be made available to City for the same three (3) year period. Complaints recorded will not be limited to complaints requiring an employee service call and this obligation does not create an exception to applicable privacy laws. Grantee shall have the option to redact any information subject to applicable privacy laws; b. Records of outages for a period of three (3) years after occurrence, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; c. Records of service calls for repair and maintenance for a period of three (3) years after resolution by Grantee, indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; d. Records of installation/reconnection orders for a period of three (3) years after the request was handled by Grantee, indicating the date of request, date of acknowledgment, and the date and time service was extended; e. Records documenting Franchisee’s compliance with the provisions of this Franchise; and f. Grantee shall comply with FCC record-keeping regulations, and make the results of such record-keeping available to the City upon request. 6. Reports and Maps to be Filed with City. a. The Grantee shall file with the City, at the time of payment of the Franchise Fee, a confidential report of all Gross Revenues in a form substantially equivalent to Exhibit B, attached hereto. b. Grantee shall provide City with a quarterly customer service compliance report which shall, at a minimum, demonstrate Grantee’s compliance with the terms and provisions of Section 5.4(e) and 5.4(f) of this Franchise. The City may, in its sole discretion, temporarily or permanently discontinue this report requirement at any time during the term of this Franchise. In addition, upon showing (such as the City receiving multiple inquiries from Grantee’s Subscribers) that the request is reasonably necessary in 38 3639370v7 order to determine compliance with this Franchise, the City may order a periodic sampling of the number and general categories of complaints resolved by phone during the sampling period, not to exceed five (5) days per quarter. c. Upon request of the City and in no event later than thirty (30) days from the date of receipt of such request, the Grantee shall prepare and furnish to the City, at the times and in the form prescribed, such other reasonable reports with respect to Grantee’s operations pursuant to this Franchise as the City may require, in order to allow the City to verify Grantee’s compliance with the terms of this Franchise. The City shall use its best efforts to protect proprietary or trade secret information all consistent with State and federal law. d. Unless otherwise specified in the Franchise, all reports, records and maps required hereunder shall be made available to the City within thirty (30) days of the City’s request or requirement. Failure to do so shall result in Grantee being subject to liquidated damages, pursuant to Section 8.2 (c) (i). 7. Periodic Evaluation. a. The City may require evaluation sessions at any time during the term of this Franchise, upon fifteen (15) days written notice to the Grantee. b. Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, technological improvements (which may include improvements in Channel quality, Channel delivery or display on Grantee’s Cable System) System performance, programming offered, access Channels, facilities and support, Subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, and any other topics the City deems relevant. These discussions may also include options for making the same improvements and enhancements in the display and delivery of PEG Channels to Subscribers as are made available for broadcast channels. c. As a result of a periodic review or evaluation session, upon notification from City, Grantee shall meet with City and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the Franchise which are legally, economically and technically feasible. The review shall not operate to modify or change any provision of this Franchise without mutual consent in accordance with Section 12.3 of this Franchise. SECTION 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS 1. Performance Bond. a. Upon the Effective Date of this Franchise and at all times thereafter Grantee shall maintain with City a bond in the sum of One Hundred Thousand and No/100 Dollars ($100,000.00) in such form and with such sureties as shall be acceptable to City, conditioned upon the faithful performance by Grantee of its Franchise obligations and upon the further condition that in the event Grantee shall fail to comply with any law, 39 3639370v7 ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of Grantee, including a reasonable allowance for attorneys’ fees and costs (with interest at two percent (2%) in excess of the then prime rate), up to the full amount of the bond, and which bond shall further guarantee payment by Grantee of all claims, liens and taxes due to City, which arise by reason of the construction, operation, maintenance or use of the Cable System. b. The rights reserved by the City with respect to the bond are in addition to all other rights the City may have under this Franchise or any other law. c. City may, in its sole discretion, reduce the amount of the bond. d. The time for Grantee to correct any violation or liability shall be extended by City if the necessary action to correct such violation or liability is, in the sole determination of City, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (30) day cure period and thereafter uses reasonable diligence to correct the violation or liability. e. In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by City as a result of said default or revocation. f. Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise or revocation for default thereof, provided City has not notified Grantee of any actual or potential damages incurred as a result of Grantee’s operations pursuant to the Franchise or as a result of said default. 2. Security Fund. a. Letter of Credit. Within thirty (30) days of the Effective Date of this Franchise, the Grantee shall establish and provide to the City, as security for the faithful performance by Grantee of all of the provisions of this Franchise, an irrevocable and unconditional letter of credit from a financial institution satisfactory to the City in the amount of Twenty-five Thousand and No/100 Dollars ($25,000.00). The letter of credit shall serve as a common security fund for the faithful performance by Grantee of all the provisions of this Franchise and compliance with all orders, permits and directions of the City and the payment by Grantee of any claim, liens, costs, expenses and taxes due the City which arise by reason of the construction, operation or maintenance and use of the Cable System to provide Cable Services in the City. Interest on this deposit shall be paid to Grantee by the bank on an annual basis. b. Withdrawal of Funds. The irrevocable letter of credit shall permit the City to withdraw funds upon demand (sight draft) in an amount solely determined by the City in 40 3639370v7 payment for penalties charged pursuant to this section, in payment for any monies owed by the Grantee to the City or any Person pursuant to its obligations under this Franchise, or in payment for any damage incurred by the City or any person as a result of any acts or omissions by the Grantee pursuant to this Franchise. Grantee shall not use the security fund for other purposes and shall not assign, pledge or otherwise use this security fund as security for any purpose. c. Restoration of Funds. Within ten (10) days after notice to it that any amount has been withdrawn by the City from the security fund pursuant to Section 8.2, Grantee shall deposit a sum of money sufficient to restore such security fund to the required amount. d. Liquidated Damages. Because Grantee’s failure to comply with provisions of this Franchise will result in injury to the City, and because it will be difficult to estimate the extent of such injury, the City and Grantee agree to the following liquidated damages to be effective during the Franchise term for the following violations of the Franchise, which represent both parties' best estimate of the damages resulting from the specified violation. The City shall have the authority to waive or reduce the liquidated damage amounts herein for good cause. The City’s election of liquidated damages in a given case shall take the place of any right to obtain actual damages or penalties in that case over and above the payment of any amounts otherwise due. The City in its sole discretion may charge to and collect from the security fund the following liquidated damages: i. For failure to provide data, documents, reports or information or to cooperate with City during an application process or System review, the liquidated damage shall be Two Hundred and No/100 Dollars ($200.00) per day for each day, or part thereof, such failure occurs or continues; ii. For failure to comply with any of the provisions of this Franchise for which a liquidated damage is not otherwise specifically provided pursuant to this paragraph (d) the liquidated damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per day for each day, or part thereof, such failure occurs or continues. iii. For failure to test, analyze and report on the performance of the S ystem following a request by City, the liquidated damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per day for each day, or part thereof, such failure occurs or continues; iv. For failure of Grantee to comply with construction, operation or maintenance standards, the liquidated damage shall be Two Hundred and No/100 Dollars ($200.00) per day for each day, or part thereof, such failure occurs or continues; v. For failure to provide the services Grantee has proposed, including but not limited to the implementation and the utilization of the PEG Access Channels, the liquidated damage shall be Two Hundred Fifty and No/100 Dollars ($250.00) per day for each day, or part thereof, such failure occurs or continues; 41 3639370v7 e. Each Violation a Separate Violation. Each violation of any provision of this Franchise shall be considered a separate violation for which separate liquidated damages can be imposed. f. Maximum of 120 Days. Any liquidated damages for any given violation shall be imposed upon Grantee for a maximum of one hundred twenty (120) days. If after that amount of time Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the City, the City may pursue all other remedies including Franchise revocation, if warranted. g. Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the security, the City may then withdraw such funds from the security fund pursuant to the procedures set forth in Section 8.2 of this Franchise. Payments are not Franchise Fees as defined in Section 7 of this Franchise. h. Procedure for Draw on Security Fund. i. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty (30) days subsequent to receipt of the notice in which to correct the violation before the City may require Grantee to make payment of damages, and further to enforce payment of damages through the security fund. Grantee may, within ten (10) days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time. ii. City shall hear Grantee’s dispute at the next regularly scheduled or specially scheduled Council meeting or as soon thereafter as practical for the City. Grantee shall have the right to speak and provide information as Grantee deems relevant. The City shall determine if Grantee has committed a violation and shall make written findings of fact relative to its determination. iii. If after hearing the dispute, the alleged violation is upheld by the City, then Grantee shall have the time remaining on the initial thirty (30) day cure period within which to remedy the violation before the City may require payment of all liquidated damages due it. i. Time for Correction of Violation. The time for Grantee to correct any alleged violation may be extended by the City, in City’s sole discretion, if the necessary action to correct the alleged violation is of such a nature or character as to require more than thirty 42 3639370v7 (30) days within which to perform provided Grantee commences corrective action within fifteen (15) days and thereafter uses reasonable diligence, as determined by the City, to correct the violation. j. Grantee’s Right to Pay Prior to Security Fund Draw. Grantee shall have the opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to promptly remit payment to the City, the City may resort to a draw from the security fund in accordance with the terms of this Section 8.2 of the Franchise. k. Replenishment of Security Fund. If the City draws upon the letter of credit, in whole or in part, the Grantee shall replace or replenish to its full amount the same within ten (10) business days and shall deliver to the City a like replacement letter of credit or certification of replenishment for the full amount stated in Section 8.2 as a substitution of the previous letter of credit. This shall be a continuing obligation for any withdrawals from the letter of credit. l. Failure to so Replenish Security Fund. If any security fund is not so replaced, City may draw on said security fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are not performed or paid for by Grantee pursuant hereto, including attorneys’ fees incurred by the City in so performing and paying. The failure to so replace any security fund may also, at the option of City, be deemed a default by Grantee under this Franchise. The drawing on the security fund by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. m. Collection of Funds Not Exclusive Remedy. The collection by City of any damages or monies from the security fund shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the security fund, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section, however, should the City elect to impose liquidated damages that remedy shall remain the City’s exclusive remedy for the one hundred twenty (120) Day period set forth in Section 8.2. 3. Indemnification of City. a. Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damage or otherwise except those arising wholly from negligence on the part of the City or its employees; for actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee or its officers, agents, employees, or contractors or to which Grantee’s or its officers, agents, employees or contractors acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by this Franchise 43 3639370v7 or Applicable Law; arising out of or alleged to arise out of any claim for damages for Grantee’s invasion of the right of privacy, defamation of any Person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any Person, firm or corporation; arising out of or alleged to arise out of Grantee’s failure to comply with the provisions of any Applicable Law. Nothing herein shall be deemed to prevent the City, its officers, or its employees from participating in the defense of any litigation by their own counsel at such parties’ expense. Such participation shall not under any circumstances relieve Grantee from its duty of defense against liability or of paying any judgment entered against the City, its officers, or its employees. b. Grantee shall indemnify, defend, and hold harmless the City and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents, from and against all liability, damages, and penalties which they may legally be required to pay as a result of the City’s, as applicable, exercise, administration, or enforcement of the Franchise. c. The Grantee shall not be required to indemnify the City for negligence or misconduct related solely to PEG programming, on the part of the City or either of their officers, boards, committees, commissions, elected or appointed officials, employees, volunteers or agents, including any loss or claims. 4. Insurance. a. As a part of the indemnification provided in Section 8.3, but without limiting the foregoing, Grantee shall file with City at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including broadcaster’s/cablecaster’s liability and contractual liability coverage, in protection of the Grantee, the City and its officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall list the City as additional insureds, and in their capacity as such, City and its officers, elected and appointed officials, boards, commissions, agents, employees and volunteers. The broadcaster’s/cablecaster’s liability coverage specified in this provision shall be subject to paragraph 9.3, above, regarding indemnification of the City. b. The policies of insurance shall be in the sum of not less than One Million and No/100 Dollars ($1,000,000.00) for personal injury or death of any one Person, and Two Million and No/100 Dollars ($2,000,000.00) for personal injury or death of two (2) or more Persons in any one occurrence, One Million and No/100 Dollars ($1,000,000.00) for property damage to any one person and Two Million and No/100 Dollars ($2,000,000.00) for property damage resulting from any one act or occurrence. c. The policy or policies of insurance shall be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the 44 3639370v7 policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to the City. SECTION 9. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 1. City’s Right to Revoke. a. In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: i. Grantee has violated material provisions(s) of this Franchise; or ii. Grantee has attempted to evade any of the material provisions of the Franchise; or iii. Grantee has practiced fraud or deceit upon City. b. City may revoke this Franchise without the hearing required by Section 9.2(b) herein if Grantee is adjudged to be bankrupt. 2. Procedures for Revocation. a. The City shall provide the Grantee with written notice of a basis for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. In the notice required herein, the City shall provide the Grantee with the basis for revocation. b. The Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subparagraph (a) above. The City shall provide the Grantee with written notice of its decision together with written findings of fact supplementing said decision. c. Only after the public hearing and upon written notice of the determination by the City to revoke the Franchise may the Grantee appeal said decision with an appropriate State or federal court or agency. d. During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any person or the public. 3. Abandonment of Service. The Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to the City. The Grantee may not abandon the System or any portion thereof without compensating the 45 3639370v7 City for damages resulting from the abandonment, including all costs incident to removal of the System, if required by the City pursuant to Section 9.4. 4. Removal After Abandonment, Termination or Forfeiture. a. In the event of termination or forfeiture of the Franchise or abandonment of the System, the City shall have the right to require the Grantee to remove all or any portion of the System utilized exclusively for the provision of Cable Services from all Rights-of- Way and public property within the City. b. If the Grantee has failed to commence removal of the System pursuant to Section 9.4 (a), or such part thereof as was designated by the City, within thirty (30) days after written notice of the City’s demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written notice of the City’s demand for removal is given, the City shall have the right to apply funds secured by the letter of credit and performance bond toward removal and/or declare all right, title, and interest to the System to be in the City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 5. Sale or Transfer of Franchise. a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee’s parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee’s assets, a merger including the merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or Affiliate, shall take place until a written request has been filed with the City requesting approval of the sale, transfer, or corporate change and such approval has been granted or deemed granted, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. Upon notice to City, Grantee may undertake legal changes necessary to consolidate its corporate or partnership structure provided there is no change in the controlling interests which could materially alter the financial responsibilities for the Grantee and such changes do not otherwise trigger review under Minnesota Statutes Section 238.083. b. Subject to the exceptions in Section 9.5 (a), any sale, transfer, exchange or assignment of stock in Grantee, or Grantee’s parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 9.5. The term “controlling interest” as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. In any event, as used herein, a new “controlling interest” shall be deemed to be created upon the acquisition through any transaction or related group of transactions of a legal or beneficial interest of fifteen percent (15%) or more by one Person. Acquisition by one Person of an interest of five percent (5%) or more in a single transaction shall require notice to the City. 46 3639370v7 c. The Grantee shall file, in addition to all documents, forms and information required to be filed by Applicable Law, any other documents or information related to the transaction as may be reasonably requested by the City. d. The City shall have such time as is permitted by federal law in which to review a transfer request. e. Nothing herein shall prevent the City from obtaining reimbursement from the Grantee for all reasonable legal, administrative, consulting costs and fees associated with the City’s review of any request to transfer. Nothing herein shall prevent Grantee from negotiating partial or complete payment of such costs and fees by the transferee. f. In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to subparagraph (a) or (b) of this section be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations hereunder. g. In the event of any proposed sale, transfer, corporate change, or assignment pursuant to subparagraph (a) or (b) of this section, the City shall have the right to purchase the System, utilized exclusively for the provision of Cable Service, for the value of the consideration proposed in such transaction. The City shall be notified by Grantee of City’s right to purchase upon City’s receipt of notice of the material terms of an offer or proposal for sale, transfer, corporate change, or assignment, which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate from any general announcement of the transaction. h. The City shall be deemed to have waived its right to purchase the System pursuant to this section only in the following circumstances: i. If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change, or assignment as contemplated in Section 9.5(g) above, its intention to exercise its right of purchase; or ii. It approves the assignment or sale of the Franchise as provided within this section. i. No Franchise may be transferred if the City determines the Grantee is in noncompliance of the Franchise unless an acceptable compliance program has been approved by City. The approval of any transfer of ownership pursuant to this section shall not be deemed to waive any rights of City to subsequently enforce noncompliance issues relating to this Franchise. j. Any transfer or sale of the Franchise without the prior written consent of the City shall be considered to impair the City’s assurance of due performance. The granting of approval for a transfer or sale in one instance shall not render unnecessary approval of any subsequent transfer or sale for which approval would otherwise be required. 47 3639370v7 SECTION 10. PROTECTION OF INDIVIDUAL RIGHTS 1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Grantee shall comply at all times with all other Applicable Laws. SECTION 11. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or to receive services of the System without Grantee’s authorization. 2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company, or corporation to willfully interfere, tamper with, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights the City may have pursuant to this Franchise or its police powers. 3. Penalty. Any firm, Person, group, company, or corporation found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action or more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. Each continuing day of the violation shall be considered a separate occurrence. SECTION 12. MISCELLANEOUS PROVISIONS 1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with Applicable Laws. The term of any renewed Franchise shall be limited to a period not to exceed fifteen (15) years. 2. Work Performed by Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate a System or provide Cable Service. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee’s responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee’s behalf are familiar with the requirements of this Franchise, the City Code and other Applicable Laws governing the work performed by them. 3. Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a 48 3639370v7 review session pursuant to Section 7.7 or at any other time if the City and the Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, State or local laws. Provided, however, nothing herein shall restrict the City’s exercise of its police powers. 4. Compliance with Federal, State and Local Laws. a. If any federal or State law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to State laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and conform to federal laws and regulations regarding cable as they become effective. b. In the event that federal or State laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Franchise, the provision shall be read to be preempted to the extent and for the time, but only to the extent and for the time, required or necessitated by law. In the event such federal or State law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City. c. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City without further action by the City. d. The City and Grantee shall, at all times during the term of this Franchise, including all extensions and renewals thereof, comply with applicable federal, State and local laws and regulations. 5. Nonenforcement by City. The failure of the City on one (1) or more occasions to exercise a right or to require compliance or performance under this Franchise, the City Code or any other Applicable Law or regulation shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the City nor to excuse the Grantee from complying or performing, unless such right or such compliance or 49 3639370v7 performance has been specifically waived in writing. Waiver of a breach of this Franchise shall not be a waiver of any other breach, whether similar to or different from that waived. Neither the granting of the Franchise, nor any provision herein, nor any action by the City hereunder shall constitute a waiver of or a bar to the exercise of any governmental right or power of the City, including without limitation the right of eminent domain. The Grantee shall have no recourse against the City for any loss, cost, expense, claim, liability or damage arising out of any action undertaken or not undertaken by the Grantee pursuant to the Franchise, or the City Code, whether or not such action or non- action was required by the Franchise, or the City Code, arising out of the enforcement or non-enforcement by the City of any provision or requirement of this Franchise, or the City Code, or otherwise arising out of the Franchise, or the City Code. 6. Rights Cumulative. All rights and remedies given to City by this Franchise or retained by City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 7. Grantee Acknowledgment of Validity of Franchise. The Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. 8. Force Majeure. The Grantee shall not be deemed in default of provisions of this Franchise or the City Code where performance was rendered impossible by war or riots, labor strikes or civil disturbances, floods, or other causes beyond the Grantee’s control, and the Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that the Grantee, when possible, takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible, under the circumstances, with the Franchise without unduly endangering the health, safety and integrity of the Grantee’s employees or property, or the health, safety and integrity of the public, the Rights-of-Way, public property or private property. In the event Grantee’s performance of any of the terms, conditions, obligations or requirements of this Franchise is prevented or impaired due to any cause set forth in this paragraph, such inability to perform shall be deemed to be excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified City in writing within ten (10) days of the City’s notice of an alleged violation. 9. Governing Law. This Franchise shall be governed in all respects by the law of the State of Minnesota. 50 3639370v7 10. Captions and References. a. The captions and headings of sections throughout this Franchise are intended solely to facilitate reading and reference to the sections and provisions of this Franchise. Such captions shall not affect the meaning or interpretation of this Franchise. b. When any provision of the City Code is expressly mentioned herein, such reference shall not be construed to limit the applicability of any other provision of the City Code that may also govern the particular matter in question. 11. Rights of Third Parties. This Franchise is not intended to, and shall not be construed to, grant any rights to or vest any rights in third parties, unless expressly provided herein. 12. Merger of Documents. This Franchise and the attachments hereto, constitute the entire Franchise agreement between the City and the Grantee, and supersede all prior oral or written franchises and understandings. SECTION 13. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 1. Publication. This Franchise shall be published in accordance with Applicable Laws. 2. Acceptance. a. Grantee shall accept this Franchise within sixty (60) days of its enactment by the City Council, unless the time for acceptance is extended by the City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to the Grantee shall be null and void. b. Upon acceptance of this Franchise, the Grantee and the City shall be bound by all the terms and conditions contained herein. The Grantee agrees that this Franchise is not inconsistent with Applicable Law or regulations at the time it is executed. c. Grantee shall accept this Franchise in the following manner: i. This Franchise will be properly executed and acknowledged by Grantee and delivered to City. ii. With its acceptance, Grantee shall also deliver any security fund, performance bond and insurance certificates required herein that are due but have not previously been delivered. 3. Binding Acceptance. This Franchise shall bind and benefit the parties hereto and their respective authorized heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns. Passed and adopted this day of re_baLaLl , 201S. ATTEST: By: Christina M. Scipio/I Its: City Clerk CITY OF EAGAN, MINNESOTA City Council A- 4n�� By: Mike Magui Its: Mayor ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. COMCAST OF MINNESOTA, INC. Dated. Its: SWORN TO BEFORE ME this day of NOTARY PUBLIC 201_. 51 3639370v7 A-1 3639370v7 EXHIBIT A SERVICE TO DESIGNATED PUBLIC BUILDINGS NAME ADDRESS 1. City Hall, including Administration, Police & Master Control 3830 Pilot Knob Road 2. Fire Safety Center/Station #2 including Emergency Operations Center, Command office area and firefighter quarters 1001 Station Trail 3. Fire Station #4 4200 Dodd Road 4. Central Maintenance 3501 Coachman Road 5. North Water Treatment 3419 Coachman Point 6. South Water Treatment 1395 Cliff Road 7. E-TV Studios (lower level) 610 Opperman Drive 8. Civic Center/Ice Arena 3850 Pilot Knob Road 9. Community Center 1501 Central Parkway 10. Cedar Alternative School 2140 Diffley Road 11. Eagan High School 4185 Braddock Road 12. Blackhawk Middle School 1540 Deerwood Drive 13. Metcalf Junior High 2250 Diffley Road 14. Dakota Hills Middle School 4183 Braddock Road 15. Deerwood Elementary 1460 Deerwood Drive 16. Glacier Hills Elementary 3825 Glacier Drive 17. Northview Elementary 965 Diffley Road 18. Oak Ridge Elementary 4350 Johnny Cake Ridge Rd 19. Pilot Knob Elementary 1436 Lone Oak Road 20. Pinewood Elementary 4300 Dodd Road 21. Rahn Elementary 4424 Sandstone Drive 22. Red Pine Elementary 530 Red Pine Lane 23. Thomas Lake Elementary 4350 Thomas Lake Road 24. Woodland Elementary 945 Wescott Road B-1 3639370v7 EXHIBIT B FRANCHISE FEE PAYMENT WORKSHEET TRADE SECRET – CONFIDENTIAL Month/Year Month/Year Month/Year Total A la Carte Video Services Audio Services Basic Cable Service Installation Charge Bulk Revenue Expanded Basic Cable Service Pay Service Pay-per-view Guide Revenue Franchise Fee Revenue Advertising Revenue Home Shopping Revenue Digital Services Inside Wiring Other Revenue Equipment Rental Processing Fees PEG Fee FCC Fees Bad Debt Late Fees REVENUE Fee Calculated Fee Factor: 5% C-1 3639370v7 EXHIBIT C ENTERPRISE SERVICES AGREEMENT Email: Cell: Address 2: CUSTOMER INFORMATION The Customer referenced above may submit Sales Orders to Comcast during the Term of this Agreement (“MSA Term”). After the expiration of the initial MSA Term, Comcast may continue to accept Sales Orders from Customer under the Agreement, or require the parties to execute a new MSA. Primary Contact Address Information Fax: MSA ID#: Primary Contact: Services are only available to commercial customers in wired and serviceable areas in participating Comcast systems (and may not be transferred). Minimum Service Terms are required for most Services and early termination fees may apply. Service Terms are identified in each Sales Orders, and early termination fees are identified in the applicable Product Specific Attachments. Phone: The Agreement shall terminate in accordance with the General Terms and Conditions. The General Terms and Conditions and PSAs are located at http://business.comcast.com/enterprise-terms-of-service/index.aspx(or any successor URL).Use of the Services is also subject to the High-Speed Internet for Business Acceptable Use Policy (“AUP”) located at http://business.comcast.com/customer-notifications/acceptable-use-policy (or any successor URL), and the High-Speed Internet for Business Privacy Policy (Privacy Policy”) located at http://business.comcast.com/customer-notifications/customer-privacy- statement (or any successor URL). Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy from time to time upon posting to the Comcast website. Title: Customer Name: State: Zip Code: Address 1: BY SIGNING BELOW, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. MSA Term: This Master Service Agreement ("Agreement") sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates (“Comcast”) will provide communications and other services (“Services”) to the above Customer. The Agreement consists of this fully executed Master Service Agreement Cover Page (“Cover Page”), the Enterprise Services General Terms and Conditions (“General Terms and Conditions”), any written amendments to the Agreement executed by both parties ("Amendments"), the Product-Specific Attachment for the applicable Services (“PSA(s)”) and each Sales Order accepted hereunder (“Sales Orders”). In the event of any inconsistency among these documents, precedence will be as follows: (1) this Cover Page (2) General Terms and Conditions, (3) PSA(s), , and (4) Sales Orders. This Agreement shall be legally binding when signed by both parties and shall continue in effect until the expiration date of any Service Term specified in a Sales Order referencing the Agreement, unless terminated earlier in accordance with the Agreement. City: Signature: COMCAST USE ONLY (by authorized representative) Date: CUSTOMER SIGNATURE (by authorized representative) Date: Title: Name: Signature: Name: Title: Sales Rep: Sales Rep Email: Region: Division: MN-7063418-surqu steven_urquhart@cable.comcast.com City of Eagan60 months Steven Urquhart BUOMCAST SINESS COMCAST ENTERPRISE SERVICES SALES ORDER FORM Account Name: City of Eagan MSA ID#: MN-7063418-surqu SO ID#: MN -7063418 -sur u-7386480 CUSTOMER• • Primary Contact: Dan Cook City: Phone:(651) 675-5093 Title: State: Cell: Address 1: Zip: Fax: Address 2: Allowable Contract Date: Email:d000k@dtyofeag;an.com Contract Generated Date: 12/2112017 I �111 III • •- Service Term (Months): SUMMARY OF SERVICE CHARGES* SUMMARY OF STANDARD INSTALLATION FEES Total Ethernet Monthly Recurring Charges: $ 775.00 Total Ethernet Standard Installation Fees': $ 0.00 Total Trunk Services Monthly Recurring Charges: $ 0.00 Total Trunk Services Standard Installation Fees: $ 0.00 Total Off -Net Monthly Recurring Charges: $ 0.00 Total Off -Net Standard Installation Fees: $ 0.00 Total Monthly Recurring Charges (all Services): $ 775.00 Total Standard Installation Fees (all Services): $ 0.00 SUMMARY OF CUSTOM INSTALLATION FEES Total Custom Installation Fee: $ 7,000.00 Amortized Custom Installation Fee $ 0.00 SUMMARY OF EQUIPMENT FEES Total Monthly Recurring Ethernet Equipment Fees: $ 0.00 Total Monthly Recurring Trunk Services Equipment Fees: $ 0.00 Total Monthly Recurring Equipment Fees (all Services): $ 0.00 'Note: Charges identified in the Service Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, USF fees, surcharges and reooupments (however designated). Please refer to your Comcast Enterprise Services Master Services Agreement (MSA) for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100%) of the non -amortized Custom Installation Fee prior to the installation of Service. 11119-01M.M. WXV IT, W111 AGREEMENT 'I rns Comcast Enterprise Services Sales Order Form ("Safes (nder) shall be effective upon acceptance by Comcast. Ths Sales Girder is made a part !: the Gomcast %Ices Master Services Agreement. entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s) ordered herein, located at hltp:l/business.comcast.com/enterprise•terms-of-servicelindex.aspx, (the "Agreement") . Unless otherwise indicated herein, capitalized words shall have the same meaning as in the Agreement E911 NOTICE Comcast Business Class Trunking Service may have the E911 limitations specified below. • The National Emergency Number Association (NENA), a 911 Industry organization that makes recommendations for standardized services relating to E911, has Issued guidelines that state "The PBX owner Is responsible for creating customer records, preferably in NENA standard format, that Identify caller locations." To facilitate Customer's compliance with these guidelines and with associated state and local requirements related to provision of Automatic Location Information (ALI) for E911 services, Comcast offers two options: a. Comcasl will send to the ALI database or Subscriber Location Database (SLDB) the main billing telephone number and the main address provided by Customer; or b. Customer may choose to sign up for up to 10 Emergency Location Information Numbers (ELINs) that Customer could assign to zones within Customers premises that would be separately identiffied to the E911 call taker. The location information, such as a specific floor, side of a building, or other identifying information, could assist emergency responders to more quickly reach the appropriate location. Customer is solely responsible for programming Its PBX system to map each station to one of these numbers, and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send the assigned ELINs to the ALI or SLOB database, as Is appropriate. • Many jurisdictions require businesses using multi -line telephone systems to program their systems to transmit specific location Information for 911 calls. Customer bears sole responsibility to ensure that it identifies and complies with all such requirements. In any event, If Customer does not maintain E911 records in a timely and accurate manner, the E911 call taker may not receive proper location information, and emergency responders may be delayed or even prevented from timely reaching the callers location. • Battery Back Up - The Integrated Access Device (IAD) provided by Comcast is not equipped with battery backup. It is Customers responsibility to ensure adequate back-up power is provided to ensure service continuity during a power outage, as employees would otherwise be unable to use the Services, including dialing 9-1-1, when power is unavailable. • Calls using the Service, including calls to 911, may not be completed if there Is a problem with network facilities, including network congestion, networklequlpmenUpower failure, or another technical problem. • All questions should be directed to 1-800-391-3000. E911 Service, Private Branch Exchange, and Direct Inward Dial Service. By signing below, Customer acknowledges, agrees to and accepts the terms and conditions of this Sales Order. CUSTOMFR USE ONLY s ONLY (by authorized representative) Signatur . Signature: Sales Rep: Steven Urquhart Name: V— Name: Sales Rep E -Mail: steven_urquhart@cable.comcast.com Title: $pL tr Title: Region: Date: . ') —LTJ Date: Division: Service Term (Months): MSA ID#: Account Name: COMCAST ENTERPRISE SERVICES SALES ORDER FORM ETHERNET SERVICES AND PRICING City of Eagan MN-7063418-surqu 60 MN-7063418-surqu-7386480 Date: SO ID#: December 21, 2017 Short Description of Service: Solution Charges Line Request DescriptionAction Service Location Z* Tax Jurisdiction Monthly One-TimeService(s)Service Location A* Comcast Metro Performance Tier** 1 Add $ 0.00NewPortEDI-ENI-10100 Community Center 1501 CENTRAL PKWY $ 0.00 2 Add $ 750.00New100 Mbps InterstateEDI-100 Community Center 1501 CENTRAL PKWY $ 0.00 3 Add $ 25.00NewStatic IP BlockIPv4 Static Address Block /29 (6) Community Center 1501 CENTRAL PKWY $ 0.00 4 Add $ 0.00NewEquipment FeeEQP FEE Community Center 1501 CENTRAL PKWY $ 0.00 * Services Location Details attached $ 775.00 $ 0.00 Total**Performance Tier Matrix Attached (For On-Net to On-Net or On-Net to Off-Net) $ 0.00 Service Charges: Equipment Fees: COMCAST ENTERPRISE SERVICES SALES ORDER FORM SERVICE LOCATION DETAIL INFORMATION Date:December 21, 2017MSA ID#:MN-7063418-surqu SO ID#:MN-7063418-surqu- 7386480Account Name:City of Eagan Line Location Name / Site ID Address 1 Address 2 City State Technical / Local Contact Phone # Zip Code Technical / Local Contact Name Technical / Local Contact Email Address Technical Contact On Site (Yes/No) DeMarc Location Extend to DeMarc (Yes/No) Inside Wiring (Yes/No) Satellite Location (Y/N) 1 Community Center 1501 CENTRAL PKWY EAGAN 55121 Dan Cook (651) 675-5093 dcook@cityofeaga n.com NoMN No Account Name:City of Eagan 16780887ID#: BUSINESS SERVICE ORDER AGREEMENT CUSTOMER INFORMATION (Service Location) Address 1 841 WILDERNESS RUN RD City EAGAN Address 2 State MN Primary Contact Name Dan Cook ZIP Code 55123 Business Phone (651) 675-5093 County Cell Phone Email Address dcook@cityofeagan.com Pager Number Primary Fax Number Technical Contact Name Tech Contact On-Site?No Technical Contact Business Phone Technical Contact Email Property Manager Contact Name Property Mgr. Phone COMCAST BUSINESS SERVICES COMCAST BUSINESS SERVICES DETAILS Business Voice*Comcast Business Packages VOICE SELECTIONS Quantity Unit Cost Total Cost Package Name: Full Feature Voice Lines 0 PACKAGE DESCRIPTION Basic Lines 0 Fax Lines Toll Free Numbers Business TV* Equipment Fee TV SELECTIONS Selection Total Cost VOICE OPTIONS Selection(X)Total Cost Voicemail 0 Basic Information & Entertainment Auto-Attendant Standard * Voice offers & options not available in all markets. Preferred Business Internet* INTERNET SELECTIONS Selection(X)Total Cost Speed -Deluxe 250 X $349.95 Equipment Fee X TV OUTLETS Unit Cost Total CostQuantity Additional Outlets * Not available in home offices or public view establishments. TV selections & options not available in all markets. Customer acknowledges and understands Customer may be responsible for additional music licensing or copyright fees for music contained in any or all of the Services, including, but not limited to Video and/or Public View Video. ** Available for Standard & Preferred TV offers only. mini mDTA/mDTA Type # of Outlets NRC MRC *Business Internet speed tier selections not available in all markets. Select Variety INTERNET OPTIONS Selection(X)Total Cost Static IP V4/V6 - 1 X $19.95 Wi-Fi - Business Wifi Standard X $0.00 Enhanced Listings 4+ Lines Selection (X) Business Voice Business Internet X Business TV Service Term (Months)36 *Internet selections & options not available in all markets. TV OPTIONS Selection Total Cost Sports Pack** Music Choice W/Comcast Business TV Canales Selecto Other Other $14.95 Page 1 of 5OrderForm Version v40 Account Name:City of Eagan 16780887ID#: BUSINESS SERVICE ORDER AGREEMENT COMCAST BUSINESS TOTAL SERVICE CHARGES Total Monthly Service Charge $384.85 Promotional Code (if applicable) $0.00Total Discount * Per line activation fee, up to four (4) line maximum charge. $384.85Total Recurring Monthly Bill:* Total Installation Charges:*$49.00 * Applicable federal, state, and local taxes and fees may apply. Discount On Internet (if applicable) Discount On Video (if applicable) Discount On Voice (if applicable) GENERAL SPECIAL INSTRUCTIONS Comcast Business Selection(X)Quantity Unit Cost Total Cost Business Internet/TV/Voice Installation Voice Activation Fee* Auto-Attendant Setup Fee Voice Jack Fee Toll Free Activation Fee Directory Listing Suppression Fee X $49.00$49.00 * Does not include Custom Installation Fees. Page 2 of 5OrderForm Version v40 Account Name:City of Eagan 16780887ID#: BUSINESS SERVICE ORDER AGREEMENT COMCAST BUSINESS INTERNET CONFIGURATION DETAILS COMCAST BUSINESS TV CONFIGURATION DETAILS Outlet 1 - Primary Outlet 2 - Additional Outlet 3 - Additional Outlet 4 - Additional Outlet 5 - Additional Outlet 6 - Additional Outlet Details Location Outlet Type COMCAST BUSINESS VOICE CONFIGURATION DETAILS Equipment Selection Business Web Hosting Business Wireless No Additional Comments: Outlet 7 - Additional Outlet 8 - Additional OUTLETS 9 & UP QUANTITY Digital HDTV Phone #Type Voicemail Customer Equipment Phone System Type ( Key System, PBX, Other) Phone System Manufacturer Fax Machine Manufacturer Alarm System Vendor Point of Sale Device Telco Closet Location Hunt Group Features Requested (Yes/No) Hunt Group Configuration Type Hunt Group Pilot Number Hunt Group Configuration Details Directory Listing Details Caller ID (Yes/No) Call Blocking (Yes/No) Additional Voice Details Caller ID Display Name (max 15 char.) Auto-Attendant (Yes/No)No Toll Free #Calling Origination Area Associated TN DTA Standard Industry Code Information DA/DL Header Code Information DA/DL Header Text Information Directory Listing Display Name Directory Listing Phone Number (Published, Non-Published, Unlisted)Directory Listing International Dialing (Yes/No)No Transfer Existing Comcast.net Email No 1Number of Static IPs* Page 3 of 5OrderForm Version v40 Account Name:City of Eagan 16780887ID#: BUSINESS SERVICE ORDER AGREEMENT CUSTOMER BILLING INFORMATION Billing Account Name City of Eagan City EAGAN Billing Name (3rd Party Accounts)State MN Address 1 4425 SANDSTONE DR ZIP Code 55122 Address 2 Billing Contact Email dcook@cityofeagan.com Billing Contact Name Dan Cook Billing Contact Phone (651) 675-5093 Tax Exempt?*No Billing Fax Number * If yes, please provide and attach tax exemption certificate. AGREEMENT 1. This Comcast Business Service Order Agreement sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates ("Comcast") will provide the Services to Customer. This Comcast Business Service Order Agreement consists of this document ("SOA"), the standard Comcast Business Terms and Conditions ("Terms and Conditions"), and any jointly executed amendments ("Amendments") entered under the Agreement. In the event of inconsistency among these documents, precedence will be as follows: (1) Amendments, (2) Terms and Conditions, and (3) this SOA. This Agreement shall commence and become a legally binding agreement upon Customer's execution of the SOA. The Agreement shall terminate as set forth in the Terms and Conditions (http://business.comcast.com/terms-conditions/index.aspx). All capitalized terms not defined in this SOA shall reflect the definitions given to them in the Terms and Conditions. Use of the Services is also subject to the then current High-Speed Internet for Business Acceptable Use Policy located at http://business.comcast.com/terms-conditions/index.aspx (or any successor URL), and the then current High-Speed Internet for Business Privacy Policy located at http://business.comcast.com/terms-conditions/index.aspx (or any successor URL), both of which Comcast may update from time to time. 2. Each Comcast Business Service ("Service") carries a 30 day money back guarantee. If within the first thirty days following Service activation Customer is not completely satisfied, Customer may cancel Service and Comcast will issue a refund for Service charges actually paid by Customer, custom installation, voice usage charges, and optional service fees excluded. In order to be eligible for the refund, Customer must cancel Service within thirty days of activation and return any Comcast-provided equipment in good working order. In no event shall the refund exceed $500.00. If you use the service in the first 30 days, you will be refunded your subscription fees, but charged the applicable one-time fee. 3. IF CUSTOMER IS SUBSCRIBING TO COMCAST'S BUSINESS VOICE SERVICE, I ACKNOWLEDGE RECEIPT AND UNDERSTANDING OF THE E911 NOTICE: E911 NOTICE Comcast Business Voice service ("Voice") may have the E911 limitations specified below: • In order for 911 calls to be properly directed to emergency services using Voice, Comcast must have the correct service address for the Voice Customer. If Voice is moved to a different location without Comcast's approval, 911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and/or Voice (including 911) may fail altogether. • Voice uses electrical power in the Customer's premises. If there is an electrical power outage, 911 calling may be interrupted if the battery back-up in the associated multimedia terminal adapter is not installed, fails, or is exhausted after several hours. • Voice calls, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem. • Comcast will need several business days to update a Customer service address in the E911 system. All change requests and questions should be directed to 1-800-391-3000. USE OF VOICE AFTER DELIVERY OF THIS DOCUMENT CONSTITUTES CUSTOMER ACKNOWLEDGEMENT OF THE E911 NOTICE ABOVE. FOR COMCAST USE ONLYCUSTOMER SIGNATURE By signing below, Customer agrees and accepts the Terms and Conditions of this Agreement. General Terms and Conditions can be found at http://business.comcast.com/terms-conditions/index.aspx. Sales Representative:Jessica Lane Sales Representative Code: Theresa SmithSignature: Sales Manager/Director Approval:Print: WestDivision: Date:16780887 Sales Manager/Director Name: Title: Lead ID: 4. To complete a Voice order, Customer must execute a Comcast Letter or Authorization ("LOA") and submit it to Comcast, or Comcast's third party order entry integrator, as directed by Comcast. 5. New telephone numbers are subject to change prior to the install. Customers should not print their new number on stationery or cards until after the install is complete. 6. Modifications: All modifications to the Agreement, if any, must be captured in a written Amendment, executed by an authorized Comcast Senior Vice President and the Customer. All other attempts to modify the Agreement shall be void and non-binding on Comcast. Customer by signing below, agrees and accepts the Terms and Conditions of this Agreement. Page 4 of 5OrderForm Version v40 Account Name:City of Eagan 16780887ID#: BUSINESS SERVICE ORDER AGREEMENT CUSTOMER INFORMATION (Service Location) Address 1 841 WILDERNESS RUN RD City EAGAN Address 2 State MN Primary Contact Name Dan Cook ZIP Code 55123 Business Phone (651) 675-5093 County Cell Phone Email Address dcook@cityofeagan.com Pager Number Primary Fax Number Technical Contact Name Tech Contact On-Site?No Technical Contact Business Technical Contact Email Property Manager Contact Name Property Mgr. Phone CUSTOM INSTALLATION AND CONSTRUCTION ADDENDUM* As set forth in Section 2.7 of the Comcast Business Class General Terms and Conditions, Comcast has determined that Custom Installation is neccessary for the service location described above as follows: Total Custom Installation Fees:$13,415.27 Less Fees Paid by Comcast:*$13,415.27 Fees Due Comcast:$0.00 * Any Custom Installation Fee amount absorbed by Comcast must be immediately paid by you to Comcast if the applicable Sales Order is terminated prior to the end of the Service Term. Please sign below to agree to these Terms and Conditions. CUSTOMER BILLING INFORMATION Billing Account Name City of Eagan City EAGAN Billing Name (3rd Party State MN Address 1 4425 SANDSTONE DR ZIP Code 55122 Address 2 Billing Contact dcook@cityofeagan.com Billing Contact Name Dan Cook Billing Contact (651) 675-5093 Tax Exempt?*No Billing Fax * If yes, please provide and attach tax exemption certificate. FOR COMCAST USE ONLYCUSTOMER SIGNATURE By signing below, Customer agrees and accepts the Terms and Conditions of this Agreement. General Terms and Conditions can be found at http://business.comcast.com/terms-conditions/index.aspx. Sales Representative:Jessica Lane Sales Representative Code: Theresa SmithSignature: Sales Manager/DirectorPrint: WestDivision: Date:16780887 Sales Manager/Director Title: Lead ID: BUSINESS CLASS: CUSTOM INSTALLATION & CONSTRUCTION ADDENDUM TECHNICAL CUSTOMER CONTACT INFORMATION (Service Location) Page 5 of 5OrderForm Version v40 Account Name:City of Eagan 16780485ID#: BUSINESS SERVICE ORDER AGREEMENT CUSTOMER INFORMATION (Service Location) Address 1 3990 ELRENE RD City EAGAN Address 2 State MN Primary Contact Name Dan Cook ZIP Code 55123 Business Phone (651) 675-5093 County Cell Phone Email Address dcook@cityofeagan.com Pager Number Primary Fax Number Technical Contact Name Tech Contact On-Site?No Technical Contact Business Phone Technical Contact Email Property Manager Contact Name Property Mgr. Phone COMCAST BUSINESS SERVICES COMCAST BUSINESS SERVICES DETAILS Business Voice*Comcast Business Packages VOICE SELECTIONS Quantity Unit Cost Total Cost Package Name: Full Feature Voice Lines 0 PACKAGE DESCRIPTION Basic Lines 0 Fax Lines Toll Free Numbers Business TV* Equipment Fee TV SELECTIONS Selection Total Cost VOICE OPTIONS Selection(X)Total Cost Voicemail 0 Basic Information & Entertainment Auto-Attendant Standard * Voice offers & options not available in all markets. Preferred Business Internet* INTERNET SELECTIONS Selection(X)Total Cost Speed -Deluxe 250 X $349.95 Equipment Fee X TV OUTLETS Unit Cost Total CostQuantity Additional Outlets * Not available in home offices or public view establishments. TV selections & options not available in all markets. Customer acknowledges and understands Customer may be responsible for additional music licensing or copyright fees for music contained in any or all of the Services, including, but not limited to Video and/or Public View Video. ** Available for Standard & Preferred TV offers only. mini mDTA/mDTA Type # of Outlets NRC MRC *Business Internet speed tier selections not available in all markets. Select Variety INTERNET OPTIONS Selection(X)Total Cost Static IP V4/V6 - 1 X $19.95 Wi-Fi - Business Wifi Standard X $0.00 Enhanced Listings 4+ Lines Selection (X) Business Voice Business Internet X Business TV Service Term (Months)36 *Internet selections & options not available in all markets. TV OPTIONS Selection Total Cost Sports Pack** Music Choice W/Comcast Business TV Canales Selecto Other Other $14.95 Page 1 of 5OrderForm Version v40 Account Name:City of Eagan 16780485ID#: BUSINESS SERVICE ORDER AGREEMENT COMCAST BUSINESS TOTAL SERVICE CHARGES Total Monthly Service Charge $384.85 Promotional Code (if applicable) $0.00Total Discount * Per line activation fee, up to four (4) line maximum charge. $384.85Total Recurring Monthly Bill:* Total Installation Charges:*$49.00 * Applicable federal, state, and local taxes and fees may apply. Discount On Internet (if applicable) Discount On Video (if applicable) Discount On Voice (if applicable) GENERAL SPECIAL INSTRUCTIONS Comcast Business Selection(X)Quantity Unit Cost Total Cost Business Internet/TV/Voice Installation Voice Activation Fee* Auto-Attendant Setup Fee Voice Jack Fee Toll Free Activation Fee Directory Listing Suppression Fee X $49.00$49.00 * Does not include Custom Installation Fees. Page 2 of 5OrderForm Version v40 Account Name:City of Eagan 16780485ID#: BUSINESS SERVICE ORDER AGREEMENT COMCAST BUSINESS INTERNET CONFIGURATION DETAILS COMCAST BUSINESS TV CONFIGURATION DETAILS Outlet 1 - Primary Outlet 2 - Additional Outlet 3 - Additional Outlet 4 - Additional Outlet 5 - Additional Outlet 6 - Additional Outlet Details Location Outlet Type COMCAST BUSINESS VOICE CONFIGURATION DETAILS Equipment Selection Business Web Hosting Business Wireless No Additional Comments: Outlet 7 - Additional Outlet 8 - Additional OUTLETS 9 & UP QUANTITY Digital HDTV Phone #Type Voicemail Customer Equipment Phone System Type ( Key System, PBX, Other) Phone System Manufacturer Fax Machine Manufacturer Alarm System Vendor Point of Sale Device Telco Closet Location Hunt Group Features Requested (Yes/No) Hunt Group Configuration Type Hunt Group Pilot Number Hunt Group Configuration Details Directory Listing Details Caller ID (Yes/No) Call Blocking (Yes/No) Additional Voice Details Caller ID Display Name (max 15 char.) Auto-Attendant (Yes/No)No Toll Free #Calling Origination Area Associated TN DTA Standard Industry Code Information DA/DL Header Code Information DA/DL Header Text Information Directory Listing Display Name Directory Listing Phone Number (Published, Non-Published, Unlisted)Directory Listing International Dialing (Yes/No)No Transfer Existing Comcast.net Email No 1Number of Static IPs* Page 3 of 5OrderForm Version v40 Account Name:City of Eagan 16780485ID#: BUSINESS SERVICE ORDER AGREEMENT CUSTOMER BILLING INFORMATION Billing Account Name City of Eagan City EAGAN Billing Name (3rd Party Accounts)State MN Address 1 4425 SANDSTONE DR ZIP Code 55122 Address 2 Billing Contact Email dcook@cityofeagan.com Billing Contact Name Dan Cook Billing Contact Phone (651) 675-5093 Tax Exempt?*No Billing Fax Number * If yes, please provide and attach tax exemption certificate. AGREEMENT 1. This Comcast Business Service Order Agreement sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates ("Comcast") will provide the Services to Customer. This Comcast Business Service Order Agreement consists of this document ("SOA"), the standard Comcast Business Terms and Conditions ("Terms and Conditions"), and any jointly executed amendments ("Amendments") entered under the Agreement. In the event of inconsistency among these documents, precedence will be as follows: (1) Amendments, (2) Terms and Conditions, and (3) this SOA. This Agreement shall commence and become a legally binding agreement upon Customer's execution of the SOA. The Agreement shall terminate as set forth in the Terms and Conditions (http://business.comcast.com/terms-conditions/index.aspx). All capitalized terms not defined in this SOA shall reflect the definitions given to them in the Terms and Conditions. Use of the Services is also subject to the then current High-Speed Internet for Business Acceptable Use Policy located at http://business.comcast.com/terms-conditions/index.aspx (or any successor URL), and the then current High-Speed Internet for Business Privacy Policy located at http://business.comcast.com/terms-conditions/index.aspx (or any successor URL), both of which Comcast may update from time to time. 2. Each Comcast Business Service ("Service") carries a 30 day money back guarantee. If within the first thirty days following Service activation Customer is not completely satisfied, Customer may cancel Service and Comcast will issue a refund for Service charges actually paid by Customer, custom installation, voice usage charges, and optional service fees excluded. In order to be eligible for the refund, Customer must cancel Service within thirty days of activation and return any Comcast-provided equipment in good working order. In no event shall the refund exceed $500.00. If you use the service in the first 30 days, you will be refunded your subscription fees, but charged the applicable one-time fee. 3. IF CUSTOMER IS SUBSCRIBING TO COMCAST'S BUSINESS VOICE SERVICE, I ACKNOWLEDGE RECEIPT AND UNDERSTANDING OF THE E911 NOTICE: E911 NOTICE Comcast Business Voice service ("Voice") may have the E911 limitations specified below: • In order for 911 calls to be properly directed to emergency services using Voice, Comcast must have the correct service address for the Voice Customer. If Voice is moved to a different location without Comcast's approval, 911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and/or Voice (including 911) may fail altogether. • Voice uses electrical power in the Customer's premises. If there is an electrical power outage, 911 calling may be interrupted if the battery back-up in the associated multimedia terminal adapter is not installed, fails, or is exhausted after several hours. • Voice calls, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem. • Comcast will need several business days to update a Customer service address in the E911 system. All change requests and questions should be directed to 1-800-391-3000. USE OF VOICE AFTER DELIVERY OF THIS DOCUMENT CONSTITUTES CUSTOMER ACKNOWLEDGEMENT OF THE E911 NOTICE ABOVE. FOR COMCAST USE ONLYCUSTOMER SIGNATURE By signing below, Customer agrees and accepts the Terms and Conditions of this Agreement. General Terms and Conditions can be found at http://business.comcast.com/terms-conditions/index.aspx. Sales Representative:Jessica Lane Sales Representative Code: Theresa SmithSignature: Sales Manager/Director Approval:Print: WestDivision: Date:16780485 Sales Manager/Director Name: Title: Lead ID: 4. To complete a Voice order, Customer must execute a Comcast Letter or Authorization ("LOA") and submit it to Comcast, or Comcast's third party order entry integrator, as directed by Comcast. 5. New telephone numbers are subject to change prior to the install. Customers should not print their new number on stationery or cards until after the install is complete. 6. Modifications: All modifications to the Agreement, if any, must be captured in a written Amendment, executed by an authorized Comcast Senior Vice President and the Customer. All other attempts to modify the Agreement shall be void and non-binding on Comcast. Customer by signing below, agrees and accepts the Terms and Conditions of this Agreement. Page 4 of 5OrderForm Version v40 Account Name:City of Eagan 16780485ID#: BUSINESS SERVICE ORDER AGREEMENT CUSTOMER INFORMATION (Service Location) Address 1 3990 ELRENE RD City EAGAN Address 2 State MN Primary Contact Name Dan Cook ZIP Code 55123 Business Phone (651) 675-5093 County Cell Phone Email Address dcook@cityofeagan.com Pager Number Primary Fax Number Technical Contact Name Tech Contact On-Site?No Technical Contact Business Technical Contact Email Property Manager Contact Name Property Mgr. Phone CUSTOM INSTALLATION AND CONSTRUCTION ADDENDUM* As set forth in Section 2.7 of the Comcast Business Class General Terms and Conditions, Comcast has determined that Custom Installation is neccessary for the service location described above as follows: Total Custom Installation Fees:$2,854.84 Less Fees Paid by Comcast:*$2,854.84 Fees Due Comcast:$0.00 * Any Custom Installation Fee amount absorbed by Comcast must be immediately paid by you to Comcast if the applicable Sales Order is terminated prior to the end of the Service Term. Please sign below to agree to these Terms and Conditions. CUSTOMER BILLING INFORMATION Billing Account Name City of Eagan City EAGAN Billing Name (3rd Party State MN Address 1 4425 SANDSTONE DR ZIP Code 55122 Address 2 Billing Contact dcook@cityofeagan.com Billing Contact Name Dan Cook Billing Contact (651) 675-5093 Tax Exempt?*No Billing Fax * If yes, please provide and attach tax exemption certificate. FOR COMCAST USE ONLYCUSTOMER SIGNATURE By signing below, Customer agrees and accepts the Terms and Conditions of this Agreement. General Terms and Conditions can be found at http://business.comcast.com/terms-conditions/index.aspx. Sales Representative:Jessica Lane Sales Representative Code: Theresa SmithSignature: Sales Manager/DirectorPrint: WestDivision: Date:16780485 Sales Manager/Director Title: Lead ID: BUSINESS CLASS: CUSTOM INSTALLATION & CONSTRUCTION ADDENDUM TECHNICAL CUSTOMER CONTACT INFORMATION (Service Location) Page 5 of 5OrderForm Version v40 3894900v1 SUMMARY OF ORDINANCE NO. RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF MINNESOTA, INC. TO OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EAGAN, MINNESOTA FOR THE PURPOSE OF PROVIDING CABLE SERVICE; PROVIDING FOR REGULATION AND USE OF THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY CODE, PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN AND TERMINATING ORDINANCE NO. 287 The City Council of Eagan, Minnesota (“City”) adopted an Ordinance granting a Cable Television Franchise to Comcast. The Ordinance grants a non-exclusive cable franchise to Comcast to operate, construct and maintain a cable system within the City and contains specific requirements for Comcast to do so. The Ordinance includes the following: 1) authorizes Comcast to provide cable service throughout the City; 2) imposes on Comcast a franchise fee of 5% of Comcast’s annual gross revenues; 3) establishes a franchise term of ten (10) years; 4) provides a list of schools and public buildings entitled to receive complimentary cable service; 5) requires Comcast to dedicate standard definition and high definition channel capacity for public, educational and governmental programming and provides financial support of such channels; 6) mandates strong cable service customer service standards which exceed state and federal obligations; and 7) requires a performance bond and a security fund to enforce Comcast’s compliance with the Ordinance. It is hereby determined that publication of this title and summary will clearly inform the public of the intent and effect of Ordinance No. . A copy of the entire Ordinance shall be posted at the Eagan City Hall. It is hereby directed that only the title and summary of Ordinance No. be published. Adopted by the Eagan City Council this 5th day of February 2018. 10 River Park Plaza, Saint Paul, MN 55107 January 24, 2018 Mr. David Osberg City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Osberg: The purpose of this letter agreement is to set forth several commitments between Comcast of Minnesota, Inc. (hereinafter, “Comcast”) and the City of Eagan (hereinafter, “the City”) that are in addition to the obligations contained in the Franchise Agreement to be adopted by Ordinance (hereinafter, “the Franchise”). These items set forth herein: 1) have been negotiated in good faith and mutually agreed to by the parties as part of the informal franchise renewal process pursuant to 47 U.S.C. 546(h); 2) are provided by Comcast in consideration of the grant of the Franchise by the City; and 3) specifically relate to unique community needs that exist in the City. This letter agreement shall become effective upon approval by the Eagan City Council. 1. Comcast shall maintain a local customer service office at 3325 Central Park Village Drive, Eagan, MN, 55121, (“Comcast Office”) for as long as Comcast maintains its lease for the site, which is expected to be, at a minimum, through January 1, 2022. If Comcast does not maintain a convenient local customer service and bill payment location pursuant to Section 5.16 of the Franchise Agreement, Grantee will, free of charge: a. make equipment changes and exchanges available via mail order or similar service available to all Subscribers; and b. offer electronic customer service options through its web page and phone applications. 2. Comcast will hold a customer service focus group in the City of Eagan within twelve (12) months of the Effective Date of the Franchise. Comcast will make reasonable efforts to work with the City regarding the themes discussed with the focus group and will allow a City representative to observe the focus group meeting. Grantee will hold a meeting with the City to discuss the results within sixty (60) days after conducting the focus group. 3. Comcast acknowledges and understands that a portion of the PEG Fee set forth in Section 6.7 of the Franchise may be used by the City to pay for the monthly fees set forth in Section 4.2 and Exhibit C of this Franchise. Without determining whether these activities constitute “capital” or “operating” expenditures for franchise compliance purposes, and subject to the Indemnity provisions of this Franchise, 10 River Park Plaza St. Paul, MN 55107 www.comcastcorporation.com Comcast agrees not to pursue any action against the City asserting that such expenditures violate Section 6.7 of the Franchise or Applicable Law. 4. Comcast agrees to deliver free of charge the Complimentary Service set forth in Section 6.10 of the Franchise to an agreed-upon demarcation point at the City Hall (3830 Pilot Knob Road - site 1 on Exhibit A “Service to Designated Buildings”) by using the existing Comcast fiber connection at 3830 Pilot Knob Road. Comcast has no obligation for equipment or transmission of the signal after it is delivered to the demarcation point except for any equipment that may otherwise be required under Section 6.10 of the Franchise. All equipment on Comcast’s side of the demarcation point will remain the responsibility of Comcast and shall be maintained and replaced at Comcast’s cost. It is the intent of the parties that Comcast’s delivery of Complimentary Service via fiber to the City Hall will allow the City to then utilize the Comcast signal to internally distribute Complimentary Services within City Hall (at the City’s sole cost) via City owned and installed Ethernet cable (“City Ethernet”) to each conference room and office throughout City Hall. Comcast agrees to cooperate with the City and provide technical advice as may be needed so the City can properly design and install the City Ethernet to be compatible with the Comcast fiber and Complimentary Services. The terms and conditions of this letter agreement are binding upon the City and Comcast and their successors and assigns. Enforcement of the terms of this letter agreement shall be consistent with the enforcement procedures set forth in the Franchise. Acknowledged and agreed to this ___ day of ___________, 201__. Comcast of Minnesota, Inc. By: Its: Date: City of Eagan, Minnesota By: Its: Date: Cable Television Franchise Renewal City of Eagan, Minnesota February 5, 2018 Brian T. Grogan, Esq. (612) 877-5340 Brian.Grogan@lawmoss.com 1 Existing Franchise •Franchise Effective Date – January 6, 2000 –Term = 15 years –Expiration Date = January 6, 2015 –Franchise Term Extended Numerous Times •Compensation –Franchise Fee = 5% of Gross Revenues on “Cable Service” –Does not include telephone or broadband •Public, Educational and Governmental (“PEG”) –6 PEG Channels = Channels 6, 14, 15, 16, 18 and 20 •PEG Fee paid to the City in addition to the 5% franchise fee •PEG Fee use limited to PEG capital expenditures 2 Negotiation Process •Existing Franchise –City and Comcast extended existing franchise term –Current expiration December 31, 2017 •City Franchise Renewal Negotiation Team –Tom Garrison –Brian Grogan –Administrator Osberg & Finance Committee •Renewal Negotiations Began –Experienced delays related to: •Proposed Comcast transfer •CenturyLink franchise negotiations –Based on provision consistent with CenturyLink’s franchise –Numerous emails, face-to-face meetings and conference calls 3 Key Terms of New Franchise 4 1.10 year term 2.5% Franchise Fee i.Strong definition of “Gross Revenues” ii.Bundled services addressed iii.Payments due quarterly – with detailed verification worksheet 3.Performance Bond - $100,000/Security Fund - $25,000 4.PEG Fee – paid quarterly i.New funding formula - 1.8% of Gross Revenues ii.Will provide greater stability for PEG funding 5.5 PEG Channels – #15, 16 (SD and HD), 18, 19 and 20 i.Previously 6 PEG Channels a.No longer carrying Burnsville access channel ii.New HD channels to be added – see slide 6 6. Navigation to PEG Channels i.Electronic Programming Guide Key Terms of New Franchise 7. Free service to public buildings and schools i.3 free converters per location ii.Connection to new City Hall Ethernet 8. Managed network services i.2 sites initially (3rd in future) – approximately $20K per year a.Band shell connectivity ii.Paid for with PEG Fee revenues – side letter 9. Maintain existing interconnections - free of charge 10. Live broadcast from remote locations within City limits 11. Strong customer service standards i.Emphasis on communicating all fees and costs to subscribers ii.More aggressive oversight and enforcement than prior franchise iii.Local office – side letter iv.Comcast - customer focus group in Eagan – side letter a.City may attend 5 PEG Channels in HD •Within 90 days of effective date –Channel 16 - Eagan Government Channel •Carried in both SD and HD –Channel 15 - Eagan Public Access –Channel 18 - District 191 –Channel 19 - District 196 –Channel 20 - ETV •Jan 1, 2019 - 1 additional PEG channel ‒Carried in SD and HD •Jan 1, 2020 - another PEG channel ‒Carried in SD and HD •Total of three (3) HD channels for PEG 6 Side Letter •Comcast office –3325 Central Park Village Drive –Comcast lease through January 1, 2022 –If office closes – free alternatives required for residents •Customer service focus group –In the City of Eagan – city can attend –within 12 months of the effective date –Comcast to confer with City regarding results •Fiber connection to City Hall –City Ethernet for internal distribution –Technical cooperation between parties 7 City Staff and Legal Counsel Recommendation •Approval Recommended –Comcast Cable Franchise –Side letter 8 9 Questions? Brian T. Grogan, Esq. Moss & Barnett, A Professional Association 150 South Fifth Street, Suite 1200 Minneapolis, MN 55402 (612) 877-5340 phone / (612) 877-5031 facsimile E-mail: Brian.Grogan@lawmoss.com Web site: www.lawmoss.com Agenda Information Memo February 5, 2018 Eagan City Council Meeting PUBLIC HEARING B. Fen Way Right-of-Way Vacation Action To Be Considered: Close the public hearing and continue action to vacate right-of-way on Fen Way to coincide with future City Council consideration of the final plat of The Preserve at Cedar Grove. Facts:  On December 20, 2017, City staff received a petition from Charlie Sullivan, representing Commercial Investment Properties (CIP), requesting the vacation of existing public right-of-way (Fen Way), adjacent to Outlot B, Paragon Addition in the Cedar Grove Redevelopment Area.  The right-of-way was dedicated with the original plat recorded by the City.  The purpose of the request is to allow the incorporation of the vacated right -of- way into the proposed CIP development and a new final plat of Outlot B as The Preserve at Cedar Grove.  A portion of the existing right-of-way would be dedicated on the new plat as public drainage and utility easement (relocated public storm sewer) and public access easement (public sidewalk) to adequately address the relevant public needs at this location, including maintenance, repair and construction of the Cedar Grove Parking Garage.  Development of the properties under a planned development and final plat of The Preserve at Cedar Grove will be considered by the City Council at a future meeting.  Notices for a public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections have been received to date.  This vacation request has been reviewed by the Public Works Department (Engineering Division) staff and found to be in order for favorable Council action. Attachments (2) PHB-1 Location Map PHB-2 Legal Description Graphics EAGAN Map of Location for Proposed Right -of -Way Vacation 28 The Preserve at Cedar Grove Fen Way ROW Vacation cliff Rd �or W -A nkee-Doodle.Rd 1 11 1 30 45 Fig 1. N The Preserve at Cedar Grove Public Right of Way over Fen Way adjoining Paragon Addition Gutlot B & Lot 1, Block 1 of Cedar Grove Parkway 2nd Addition. Date: 12/28/2017 SW(Y£XT OFNWCY� L/N£ ow -LOT g MOSTY L FEN WA •L COR. N71026'03"W_- 19.37 N26°26'03"W-_��� �L- 26.34 N63°33'57 "E 78.86 --�� ` - MOST AA Y Corr. FEN WA y _S18°36'45"W 21.43 _526026'03"E 24.90 0 I C5 tD N d, ,I J N 11°01'48"E 27.49 MOST S'L Y COR. - f FEV WAY S56055'51"W 89.52 S78058' 12"E -28.37 - MOST £ L Y COR. FEN WAY & MOSr S`LY COR, OUTLOr 8 r P.O.B. 1r SW'L Y EXT, OF SE'L Y LINE DUTLOT B _. r Y'Y1^YY fV 0 20 40 80 SCALE IN FEET SHEET 1 OF 2 SHEETS omvnfife., the wtv.. 120100 OBe i Abant Engineering, Inc. FEN WAY VACATION EXHIBIT ern 233 Park Ave 8, Ste 300 Owg Nerve. Draw" 81" I ! +E:':1 MlnneepoDs, MN 55415 FEN WAY VACA7m DPe 3840 RAHN ROAD 612,758.3080 MAN n:re scan: EAGAN, MINNESOTA i I.�. _ 612.758.3099 FAX fyr2ln r-nb www.aniantAnc.com Fig 2 r L a � Y � - . r\ / I - ' L1_ L J r` - / \ - cn r \ IL L J 3 r 1 L- J L / rte --I` _ L-- L J- ti N t P1� L- J If7 uj _ / \ Z 04 L 1 - L1_ Mi N 11°01'48"E 27.49 MOST S'L Y COR. - f FEV WAY S56055'51"W 89.52 S78058' 12"E -28.37 - MOST £ L Y COR. FEN WAY & MOSr S`LY COR, OUTLOr 8 r P.O.B. 1r SW'L Y EXT, OF SE'L Y LINE DUTLOT B _. r Y'Y1^YY fV 0 20 40 80 SCALE IN FEET SHEET 1 OF 2 SHEETS omvnfife., the wtv.. 120100 OBe i Abant Engineering, Inc. FEN WAY VACATION EXHIBIT ern 233 Park Ave 8, Ste 300 Owg Nerve. Draw" 81" I ! +E:':1 MlnneepoDs, MN 55415 FEN WAY VACA7m DPe 3840 RAHN ROAD 612,758.3080 MAN n:re scan: EAGAN, MINNESOTA i I.�. _ 612.758.3099 FAX fyr2ln r-nb www.aniantAnc.com Fig 2 FEN WAY VA CA TION DESCRIPTION Fen Way, o public right—of—way as dedicated on the plot of PARAGON ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, adjoining Outlot B, said plot; Cedar Grove Parkway, a public right—of—way; Lot 1, Block 1, CEDAR GROVE PAP,KWAY 21VD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota; and Eagan Outlets Parkway, a public right—of—way. Fen Way is more particularly described as follows: Beginning at the most easterly corner of said Fen Way, said corner also being the most southerly corner of said Outlot B,• thence South 56 degrees 55 minutes 51 seconds West, assumed bearing along the southwesterly extension of the southeasterly line of said Outlot B, a distance of 89.52 feet to the most southerly corner of said Fen Way- thence North II degrees 01 minutes 48 seconds East 27.49 feet- thence North 34 degrees 52 minutes 16 seconds West 157.37 feet; thence northwesterly 64.79 feet along a tangential curve concave to the northeast, said curve having a radius of 440.00 feet and a central angle of 08 degrees 26 minutes 13 seconds; thence North 26 degrees 26 minutes 03 seconds West 26.34 feet; thence North 71 degrees 26 minutes 03 seconds West 19.37 feet to the southwesterly extension of the northwesterly line of said Outlot 6, said corner also being the most westerly corner of said Fen Way, thence North 63 degrees 33 minutes 57 seconds East, along said southwesterly extension, 78.86 feet to the most northerly corner of said Fen Way, thence South 18 degrees 36 minutes 45 seconds West 21.43 feet; thence South 26 degrees 26 minutes 03 seconds East 24.90 feet, thence southeasterly 57.43 feet along a tangential curve concave to the northeast, said curve having a radius of 390.00 feet and a central angle of 08 degrees 26 minutes 13 seconds; thence South 34 degrees 52 minutes 16 seconds East 158.95 feet; thence South 78 degrees 58 minutes 12 seconds East 28.37 feet to the point of beginning. SHEET 2 OF 2 SHEETS Design Foe., CWkedBy: 120100 D90 FEN WAY VACATION EXHIBIT PJllant Englneering, Inc. 239 Park Ave S, Ste 300 Mlnneapoh, MN 55415 Dug fJarre: D,ewn Ay FEN WAY VACATM Eft 9640 KAHN ROAD � .� 612.758.3089 MAV EAGAN, MINNESOTA 612.758.3049 FAX www.alliant•inc.com Date se": 72172/77 7' =40 _'k - EAGAI �l 33T.OL13N3D 1030 February 1, 2018 Peter B. Lund, General Manager Twin Cities Premium Outlets peter.lund@simon.com Re: Notification of Public Hearing to Vacate Public Right -of -Way Fen Way As required for the proposed plat, The Preserve at Cedar Grove, the City of Eagan has received a request to vacate the public right-of-way as shown and described on the attached graphics. A public hearing to address comments or concerns will be held at 6:30 p.m. on February 5, 2018, Please complete the following and return a copy of this letter to our office. Thank you! No interest or concern in this vacation proceeding There is a concern to address it at the public hearing. (Please submit concern in writing along with this notification.) If you have additional questions pertaining to this vacation, please contact me at (651) 675-5637 or rmatthys@cityofeagan.com. Thank you for your attention to this matter. Sincerely, T C.4� j. 11. Russ Matthys, Public Works Director Enclosures: Graphics lr✓ "1 ite-"3 ✓OM11 IAti.. 6,+Wj Company / Agency (�w 04 Name A nc riK ei✓ Title 61AYOR ( MIKE MAGUIRE I PAUL BAKKEN, CYNDEE FIELDS, GARY HANSEN, MEG TILLEY CIYYOFEAGAN40H CITY ADMINISTRATOR I DAVID M. OSBERG MUNICIPAL CENTER 13830 PILOT KNOB ROAD, EAGAN, MN 55132.1810 MAIN; (651) 675-5000 HEARING IMPAIRED. (651) 454.853S MAINTENANCE: (651) 657-5300 UTILITIES. (651) 675-5200 PkN5 TWIN CITIES PREMIUM OUTLETS' A SIMON CENTER February 2, 2018 Russ Matthys, Public Works Director City of Eagan rmatthys@cityofeagan.com RE: Notification of Public Hearing to Vacate Public Right -of -Way Fen Way Dear Russ, We are in receipt of the above referenced notice dated Feb 1, 2108. Please see the attached f concern notification. We've had initial conversations with our ownership team and are concerned that the closing of Fen Way will adversely affect the flow of traffic to parking areas and around the center, especially during peak times. We would like to request additional time to address the impact with our team during the week of Feb 5. Please contact me at 612-284-2407 if you have any other questions prior to the public hearing on Feb 5. f As always, thank you for your help and consideration. Best regards, 1411 - 'j Peter Lund General Manager Twin Cities Premium Outlets 3965 Eagan Outlets Parkway, Sufte 380, Eagan, MN 55122 Agenda Information Memo February 5, 2018, Eagan City Council Meeting NEW BUSINESS A. Rezoning, Preliminary Planned Development and Final Planned Development – Commercial Investment Properties Action To Be Considered: To recommend approval of a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) for Outlot B, Paragon Addition and the proposed vacated Fen Way right-of-way, located between Cedar Grove Parkway and Eagan Outlets Parkway west of Rahn Road. To recommend approval of a Preliminary Planned Development for Outlot B, Paragon Addition and the proposed vacated Fen Way right-of-way, to allow a five-story, 151-unit multi-family residential development with approximately 7,600 s.f. of commercial restaurant space on the first level, including outdoor dining and on-sale liquor, subject to the conditions listed in the APC minutes. Preliminary PD approval simultaneously constitutes approval of the Final Planned Development, to be documented in a forthcoming Final Planned Development Agreement. Required Vote For Approval:  At least three votes Facts:  The subject property consists of approximately 3.08 acres located between Cedar Grove Parkway and Eagan Outlets Parkway west of Rahn Road. The site includes both Outlot B Paragon Addition, and the Fen Way right-of-way, which is proposed to be vacated.  The Applicant has submitted a a Ptitition to Vacate the Fen Way right-of-way, and also a Final Plat to combine Outlot B and the vacated right-of-way into a single lot.  The City Council is holding the public hearing on the Vacation request at this same meeting. Final action on the Vacation request will be withheld to coincide with approval of the Final Plat. The Final Plat will be scheduled on an agenda for City Council approval once it has received the County Surveyor’s okay for mylars.  The applicant has entered into a purchase agreement with the Eagan EDA to purchase the land for this development.  For the sale of public property, the question of consistency was considered by the Advisory Planning Commission on January 24, 2017, and a recommendation was made that the proposed use is consistent with the Comprehensive Guide Plan.  The Preliminary Planned Development proposes a 5 story plus basement mixed use building. The lower two levels are parking, and partially underground. The upper 4 stories provide 151 units of multifamily residential providing a mix of unit types and sizes. A 7,600 s.f. restaurant is located on the first floor level at the northwest corner of the building.  The developer has agreed to install own and maintain a planter bed/retaining wall feature, including space for future public art, at the southeast corner of the site to replace the existing City monument in this location.  The City has anticipated that specific developments within the Cedar Grove District will be implemented through Planned Development zoning, which affords flexibility to the mutual benefit of both the City and the developer.  The developer is requesting some deviations to typical Code requirements such as for parking stall sizes, signage, and building height. The acceptability of the proposed development and deviations is a policy matter for City officials.  The Advisory Planning Commission held a public hearing on the proposal at their January 23, 2018 meeting, and did recommend approval. Issues:  The staff report inadvertently omitted a deviation for the amount of supplemental storage space less than the City Code standard of 150 cubic feet per unit. Each of the 151 units is provided with a supplemental storage locker, 88 having 96 cubic feet and 63 having 150 cubic feet.  If acceptable, condition #8 listed in the APC minutes should be deleted. 60-Day Agency Action Deadline:  February 18, 2018 Attachments: (4) NBA-1 Location Map NBA-2 Draft January 23, 2018, APC Meeting Minutes NBA-3 Planning Report NBA-4 Report Exhibits OLD SIBLEY MEMORIAL HIGHWAYRED F OX LN O L I VI NEDRGOLD TRAIL MICA TRAILRAHN ROADG L E N F I E L D C T SILVER B ELL RD SILVER BELL ROADKENNEBECDRIVESE N ECAROADKENNEBECDRIVESILVER BELL ROAD SHAWNEEROAD OLDSIBLEYHIGHWAYN IC O L S R O A D EAGANOUTLETSPKW YCEDARGROVEPKWYCEDARGROVEPKWYRAHNROADBLUES TONE LANE BLUESTONE DRDIAMOND PTJADE PTSIBLE Y CTCARNELIAN LANE JADELANE FLINT DRF L I NT LANE SAPPHIRE LNGARNET PTGARNETDRIVE DI AMONDDRI VEEMERALDLANE OPALDRIVE GARNETLANE TOPAZ DRIVEOPAL PL. ZIRCON LANE JADE LANE CARNELIAN LANEBERYL ROADALDER LANELAUREL CTCALCITE DRG O L D T R A IL TURQUOISE TRAIL AMETHYST LANENICOLS ROADTESSERACT PLDOLOMITEDRCINNABAR DR CINNABAR DRHEATHERDRWILLOWWAYB E R Y L R O AD CINNABAR CT CINNABAR DRIVETACONITE PUMICE POINTPUMICE CTT U R Q U O IS E T R A I L PUMICE L NMICA TRAIL TACONITE TRAIL LI MONI TELANEPUMICE LANEJADE LANE LIMONITE LNCARNELIAN LANE MAGNETITE PTNORTHRUB Y CT BE A VER DAMRO A DDURHAM CT S O U T H R U B Y C TBURGUNDY DRGOLD TRAILWUTHERING HEIGHTS RDN I C O L S R O A D STATE T.H . N O . 13ST AT E T .H. NO. 7 7 (CEDAR AVE)STATETRUNKHIGHWAYNO.13F E N W A Y RIV V LY W A Y CEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVDCedarPond Park WoodhavenPark FortSnellingState Park BridgeviewPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: The Preserve at C edar Grove Request: Rezoning; Preliminary Planned Development; Final Planned DevelopmentCase No.: 19-RZ -11-12-17 19-PD-04-12-17 19FD-12-12-17 Subject Site Advisory Planning Commission January 23, 2018 Page 9 of 15 D. The Preserve at Cedar Grove Applicant Name: Charlie Sullivan, Commercial Investment Properties Location: Outlot B, Paragon Addition Application: Rezoning A Rezoning from Cedar Grove District (CGD) to Planned Development (PD). File Number: 19-RZ-11-12-17 Application: Preliminary Planned Development A Preliminary Planned Development to allow a mixed use 5-story 151 unit multi-family building with a structured parking and a restaurant. File Number: 19-PD-04-12-17 Application: Final Planned Development A Preliminary Planned Development to allow a mixed use 5-story 151 unit multi-family building with structured parking and a restaurant. File Number: 19-FD-12-12-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 18, 2018. Charlie Sullivan, Commercial Investment Properties, stated agreement with the staff’s report, and explained the supplemental storage provided outside of the residential units. Member Vanderpoel asked about the terraces on the west side, and if access to the terraces would be restricted to residents. Mr. Sullivan explained architectural design and access to the terrace would be from within the development. Member Torres inquired if the development would include any affordable units. Mr. Sullivan responded that Commercial Investment Properties builds market rate apartments, and their development model is driven by economics. 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 Vanderpoel seconded a motion to recommend approval of a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) for Outlot B Paragon Advisory Planning Commission January 23, 2018 Page 10 of 15 Addition and the proposed vacated Fen Way right-of-way, located between Cedar Grove Parkway and Eagan Outlets Parkway west of Rahn Road. Member Sagstetter moved, Member Heckmann seconded a motion to recommend approval of a Preliminary Planned Development for Outlot B Paragon Addition and the proposed vacated Fen Way right-of-way, located between Cedar Grove Parkway and Eagan Outlets Parkway west of Rahn Road, to allow a five-story, 151-unit multi-family residential development with approximately 7,600 s.f. of commercial restaurant space on the first level, including outdoor dining and on-sale liquor. Preliminary PD approval simultaneously constitutes approval of the Final Planned Development, to be documented in a forthcoming Final Planned Development Agreement. If approved, the following conditions shall apply: 1. A Final Planned Development Agreement shall be executed for the development prior to issuance of a building permit. The following plans are necessary for the Final Planned Development Agreement: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. Trash storage shall be located within the building. 3. All outdoor dining areas should be designed and operated consistent with City Code requirements of Section 11.70, Subd. 29. 4. A detailed patio seating plan should be provided for the Final Planned Development Agreement. 5. All site lighting shall be shielded and downcast, and illumination consistent with CGD zoning standards. The mounting height for site lighting shall not exceed the CDG maximum of 20 feet. 6. A revised Site Lighting Plan shall be provided at the time of Building Permit application, including the wall mounted and accent lighting and additional lighting to illuminate the entire stretch of parallel parking along the south side of the building. . 7. The cast in place concrete shall have a decorative treatment that is integral to the material, and detail of the finish treatment shall be provided for the Final Planned Development Agreement. Advisory Planning Commission January 23, 2018 Page 11 of 15 8. The amount of supplemental storage space shall be calculated to demonstrate compliance with the 150 cubic feet per unit standard, prior to execution of the Final Planned Development Agreement. 9. Consistent interior window treatments shall be provided within the multiple residential building, for windows that are visible from a public street or open space. 10. A Sign Permit shall be required prior to the installation of all signs, both building mounted and monument signs. 11. This development shall be allowed at one monument sign at the northeast corner of the site (at Rahn Road and Eagan Outlets Parkway intersection). The monument sign shall be subject to compliance with the design standards in the City Code, including the minimum 10’ setback from property lines and a location that does not conflict with easements. 12. Building signage shall be consistent with what is shown on the Building Elevations, with the design and type of sign construction in compliance with City Code standards. 13. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 14. Rooftop mechanical units shall be shown on the plans submitted for Building Permit, with screening provided in accordance with City Code requirements. 15. The applicant shall design, install, and maintain, a landscape monument at the intersection of Rahn Road and Cedar Grove Parkway, consistent with the design of the city owned monuments being installed in the area along Silver Bell Road, Nicols Road, and Cedar Grove Parkway, as shown in the applicant’s entrance monument concept in the landscape plan dated 1/12/2018. 16. The applicant shall enter into an encroachment and maintenance agreement for the landscape monument, in a form acceptable to the City Attorney prior to execution of the Final Planned Development. 17. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester , and consistent with the other developed areas along Cedar Grove Parkway. 18. This development shall satisfy required tree mitigation through the on-site planting of four (4) Category B trees. 19. 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. Advisory Planning Commission January 23, 2018 Page 12 of 15 20. 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. 21. 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. 22. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 23. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 24. The applicant shall be responsible to re-stripe all adjacent streets to accommodate this development, in a manner acceptable to the City Engineer. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 25. Any construction activities that damage public infrastructure shall be restored or by the applicant in a manner acceptable to the City Engineer. 26. The applicant shall enter into a landscape maintenance agreement for this monument, in a form acceptable to the City Attorney. 27. Standard 10 foot wide drainage and utility easements shall be dedicated adjacent to all public rights-of-ways (except where the building is within 10 feet of the right-of-way), and on either side of public utilities. 28. No entrance monuments or retaining walls shall be allowed within a drainage and utility easement. 29. Electrical power shall be extended from the street lighting system to the entrance monument for future lighting or other needs. 30. The applicant shall enter into an encroachment agreement for the entrance monument to be located within the drainage and utility easement, in a form acceptable to the City Attorney. Advisory Planning Commission January 23, 2018 Page 13 of 15 31. The applicant shall provide an easement for the landscape monument at the intersection of Rahn Road and Cedar Grove Parkway, in a form acceptable to the City Attorney. 32. The applicant shall obtain a right-of-way permit for any work within the right-of-way, and be responsible to restore the street, curb and gutter, trail/sidewalks, and boulevard in a manner acceptable to the City Engineer. 33. The applicant shall provide an easement of sufficient size to allow access and maintenance along the parking garage adjacent to this property, in a form acceptable to the City Attorney. 34. The applicant shall be responsible to repair or reconstruct any pedestrian facility damaged during construction activities in a manner acceptable to the City Engineer. 35. The applicant shall provide a sidewalk easement over the public sidewalk along the parking garage, and a trail easement along Cedar Grove Parkway, in a form acceptable to the City Attorney. 36. No construction equipment or vehicles shall use the Cedar Grove Parking Garage during development of this site. 37. All perimeter construction fencing shall be installed a minimum of 5’ behind the curb between Nov. 15 and April 15. 38. No construction staging or construction activities shall occur in the right-of-way. 39. No lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. 40. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 41. The applicant shall install public street lighting, with a style and spacing consistent with the surrounding corridor, along Cedar Grove Parkway, Rahn Road, and Eagan Outlets Parkway. 42. The street lighting plans and specifications shall be approved by the City prior to the issuance of a building permit. Advisory Planning Commission January 23, 2018 Page 14 of 15 43. The applicant shall install privately owned and maintained pedestrian light bollards, with a design consistent with the trail lighting along Central Parkway, along the public sidewalk adjacent to the parking garage. 44. All existing public street lighting wiring shall not be damaged during construction activities. In the event any damage occurs, repairs or replacement shall be performed in a manner acceptable to the City Engineer. 45. The applicant shall obtain all outside agency permits as necessary for completion of the site improvements. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 18, 2018 CASE: 19-RZ-11-12-17 (revised January 30, 2018) 19-PD-04-12-17 19-FD-12-12-17 APPLICANT: Commercial Investment Properties HEARING DATE: January 23, 2018 PROPERTY OWNER: Eagan Economic APPLICATION DATE: Dec. 20, 2017 Development Authority REQUEST: Rezoning; Preliminary PREPARED BY: Pamela Dudziak Planned Development; Final Planned Development LOCATION: Between Cedar Grove Pkwy. and Eagan Outlets Pkwy. west of Rahn Rd. COMPREHENSIVE PLAN: MU, Mixed Use ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) and a Preliminary Planned Development upon 3.08 acres legally described as Outlot B, Paragon Addition, and Fen Way, which is proposed to be vacated, to allow a five-story, 151-unit multi-family residential development with approximately 7,600 sf of commercial restaurant on the first level. The subject site is located between Cedar Grove Parkway and Eagan Outlets Parkway west of Rahn Road. Because the proposed development is for one building constructed in a single phase, Preliminary Planned Development approval simultaneously constitutes approval of the Final Planned Development, to be documented in a forthcoming Final Planned Development Agreement. The application also includes a Final Plat (The Preserve at Cedar Grove) to consolidate the outlot and the vacated Fen Way right-of-way into a single lot. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 2 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. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The site is located within the core area of the Cedar Grove Redevelopment District. The property was platted as an outlot in 2013, with the subdivision for the Twin Cities Premium Outlets retail development and construction of the City parking garage, which is adjacent to the west of the property. The property was acquired by the Economic Development Authority pursuant to the Cedar Grove TIF District which was established in 2001 and certified in 2003. Along with much of the Cedar Grove redevelopment area, the property was zoned CGD, Cedar Grove District, in 2003. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 3 The surrounding area is designated for mixed uses and contains commercial/retail and medium and high density residential uses. The Cedar Grove Redevelopment District anticipated a mix of residential and commercial uses. The Cedar Grove Commons Special Area land use plan includes a variety of uses to shape the redevelopment area as a mixed-use, pedestrian and transit-oriented design. Medium and high density residential uses are considered conditional within the CGD zoning district. EXISTING CONDITIONS The subject property is located between Cedar Grove Parkway and Eagan Outlets Parkway west of Rahn Road. Fen Way is proposed to be vacated and comprises the western edge of the development site, which abuts the public parking garage to the west. Thus, the site has public street frontage on three sides. The site is currently vacant and was graded with previous development. SURROUNDING USES The surrounding area is zoned Planned Development and is within the Cedar Grove Special Area. The City’s Comprehensive Guide Plan designates the subject site and areas northwest of Cedar Grove Parkway for Mixed Use. A public parking garage, multi-family residential apartments, retail and other commercial uses surround the site (The Flats at Cedar Grove, Twin Cities Premium Outlets, Jensen’s and Cedarvale Lanes/Fitz’s Bar & Grill) . To the south across Cedar Grove Parkway is the Cedarvale Highlands Apartments, which includes commercial retail and service uses on the first floor. EVALUATION OF REQUEST Description of Proposal – The proposed development consists of a 5 story plus basement building. The lower two levels are parking, and partially underground. The upper 4 stories provide 151 units of multifamily residential. The narrative describes unit sizes ranging from 570 s.f. to 1,425 s.f, and providing a mix of unit types from smaller efficiency and 1-bedroom to larger 2- and 3-bedroom units. A 7,600 s.f. restaurant is located on the first floor level at the northwest corner of the building. The ground Level P1 floor plan also includes the loading area, supplemental storage, residential lobby and restaurant. The Eagan EDA is currently the owner of Outlot B. Commercial Investment Properties is the proposed purchaser and developer. Access is proposed from all three street frontages. Surface parking is accessed via Eagan Outlets Parkway, Level P1 garage is accessed from Rahn Road, and Level P2 garage is accessed from Cedar Grove Parkway. The parking garage was constructed by the Eagan EDA, and was intended for use by the development on nearby properties in the core area. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 4 Planned Development and Public Benefit – The CGD zoning district was established as a tool to implement the principles of the Cedar Grove Design Framework for compact mixed-use development with an urban design that is pedestrian friendly. To this end, the CGD district establishes specific standards related to site planning, architecture, building materials, landscaping, signage and other elements. By its nature, the Cedar Grove Redevelopment District is expected to involve compact and more intense development than is the case in other areas of the City. While the CGD Zoning District permits that to occur, in order to be implemented, the details of individual developments may not align with all of the specific requirements of the Zoning District. As a consequence, the City anticipates that the developments within the district will reflect the general expectations of the Code, but will be implemented through Planned Development zoning, with the specific plans being compared to the standards of that district as well as the redevelopment goals and principles of the Cedar Grove Commons Special Area Plan of the City’s Comprehensive Guide Plan. The Planned Development zoning affords flexibility to both the applicant and the City with the objective that the mutual flexibility benefits both parties. The applicant is requesting some deviations to typical CGD requirements to accomplish development such as for parking stall size, building height, and signage. The development will provide a multi-family mixed use development within the core area of the Cedar Grove Redevelopment TIF District. The applicant’s narrative indicates the development adds density within the Cedar Grove District, emphasizes connections to nearby amenities, creates a more inviting streetscape and pedestrian environment with improved sidewalk conditions that also will benefit surrounding properties. Compatibility with Surrounding Area – Cedar Grove Redevelopment District anticipated a mix of residential and commercial uses, and the Cedar Grove Commons Special Area land use plan includes a variety of uses to shape the redevelopment area as a mixed-use, pedestrian and transit-oriented design. The proposed development is a dense mixed residential and commercial development. In the surrounding area, Twin Cities Premium Outlets provides a destination use, the Hilton Home2 and anticipated Fairfield Inn & Suites provide a complementary hospitality component, and the remaining area contains both existing and new residential and commercial uses. Consistency with Comprehensive Guide Plan – State law provides for the Planning Commission to make a determination as to the consistency of the proposal with the City’s Comprehensive Guide Plan, when a City or EDA considers the sale of property to a private entity. In that regard, the question of consistency with the Comprehensive Guide Plan was considered by the Advisory Planning Commission on January 24, 2017, prior to the EDA’s consideration of the purchase agreement for sale of the site to Commercial Investment Properties, and the APC did find the proposed mixed use development to be consistent with the Comprehensive Guide Plan. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 5 Commercial Investment Properties and the Eagan EDA have entered into a purchase agreement for the sale of the parcel described in the development action for the proposed development of a mixed use multi-family and commercial development on the subject site. The agreement is contingent on approval of the development proposal. Airport Compatibility – The site is located within Airport Noise Policy Zone 4 one-mile Buffer. Sec. 11.64, Aircraft Noise Zone Overlay District, applies to new construction within this area. Within the Buffer of Zone 4, commercial and multi-family residential use with shared entrance are considered compatible. Site Plan – The proposed Site Plan places the building on the southern and western portion of the site adjacent to Cedar Grove Parkway and the public parking garage. The surface parking lot occupies the northeastern portion of the property, between the building and Eagan Outlets Parkway. Eight stalls of parallel parking are provided along the driveway south of the building. The proposed restaurant is located on the northwest corner of the building. The proposal includes at-grade outdoor patio dining, and outdoor rooftop dining associated with the restaurant. The west end of the building provides a series of terraces for outdoor amenities. At the south end is the swimming pool serving the building residents, in the middle and below the pool level is an outdoor entertainment space, and at the north end and below the other two levels is the restaurant outdoor dining. Also at the north end of the building, above the restaurant and midway between the Level 2 Parking and the Level 1 residential, is the rooftop restaurant terrace. Details of these spaces are shown on sheets A1.1 – A1.3 of the Floor Plans. The Vacation of Fen Way eliminates the street between the building and public parking garage, allowing the structures to be closer to each other. A public sidewalk remains in that space. The multiple levels of terraces create a layering effect at the west end of the building as the terrace levels step down from Cedar Grove Parkway to Eagan Outlets Parkway, and the taller portion of the building is stepped back from the west property line with the pool terrace level in between. This layering or step effect is more in keeping with a pedestrian scale adjacent to the walkway, and provides a graduated structure height adjacent to the public parking garage. The Purchase Agreement provides for use of parking stalls within the garage. Trash storage is proposed within the building, with access to it from the surface parking lot. Sidewalks will surround the site on all sides. Setbacks - The CGD zoning district establishes a minimum front yard setback of 0’ and maximum of 10’, a minimum setback of 0’ for side yards, and a minimum setback of 20’ for rear yards. Parking setbacks are a minimum of 5’ on side and rear yards, and 20’ in front yards adjacent to public right-of-way. In this case, the site has three street frontages, and the west end of the property is considered a rear yard rather than a side yard. The building meets the 20’ minimum Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 6 rear yard setback from the west lot line. Portions of the building are close to the 10’ maximum setback abutting public streets. The intent of the 0’-10’ build-to line along public streets is bring buildings closer to the street in more of an urban development pattern. Because a 10’ drainage and utility easement exists along the streets, the building cannot strictly meet the 0’-10’ build-to line specified in the ordinance, however the building does come close to the 10’ setback along all three streets. Lot Coverage/Density – CGD zoning does not specifically define density or establish a maximum building to lot area coverage ratio. This is consistent with the goal of achieving a more urban redevelopment and providing maximum flexibility for a mix of uses within the Cedar Grove District. The proposed project is 151 multi-family dwelling units on 3.08 acres, which translates to a density of 49 units per acre, excluding the 7,600 sf of commercial space. The building footprint is 47,985 s.f., resulting in a building to lot area coverage ratio of 35.8%. Outdoor dining – City Code considers outdoor dining areas of more than 24 seats to be a Conditional Use. Specific performance standards for outdoor dining areas are outlined in Section 11.70, Subd. 29, of the City Code. All outdoor dining areas should be designed and operated consistent with these standards. A detailed patio seating plan should be provided at the time of Final Planned Development. The proposed outdoor dining area satisfies required setbacks, and does not interfere with pedestrian traffic. Outdoor patio dining should meet City Code requirements of Sec. 11.70, Subd. 29, including: a) Outdoor dining areas shall be set back a minimum of 20’ from public rights-of- way and from internal private streets. b) Outdoor dining areas shall not interfere with any pedestrian traffic or walkways intended for the general public. c) Outdoor dining areas shall be enclosed by a fence if seating is provided for more than 24, or if alcoholic beverages are served within the outdoor dining area. d) Parking in the amount of 1 stall for each 12 outdoor seats is required for outdoor dining areas of more than 24 seats. e) All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area. In addition, we recognize the potential for on-sale liquor with the restaurant use. On- sale liquor is typically considered a conditional use, and as such, requires specific zoning approval. Such approval is requested and can be accommodated through the Planned Development zoning in lieu of a Conditional Use Permit. Any on-sale liquor use will be subject to obtaining a liquor license, and the specific applicant and establishment must meet the City Code standards for issuance of the license. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 7 Parking Counts – The proposed development satisfies City Code standards for the amount of parking. On January 2, 2018, the City Council approved an ordinance amendment reducing the required parking for multi-family residential uses to 1.5 stalls per unit, with at least one stall per unit covered or underground, and 0.5 stall per unit surface parking. The proposal provides a total of 272 residential parking stalls. Of them, 189 are enclosed, and 83 are surface stalls. The overall parking ratio is 1.8 stalls per unit, with more than one stall per unit enclosed, and more than 0.5 surface stalls per unit in the surface lots. This is consistent with the recently adopted ordinance standards. For restaurant uses, the City Code standard is one stall for each 3 seats, plus one stall for every 12 seats in an outdoor dining area. Using these ratios, the applicant’s narrative estimates total parking required for the restaurant at 72 stalls. The EDA’s purchase agreement contemplated that the developer would utilize parking within the garage to meet the required number of parking stalls for the mixed use development. For the restaurant use, the proposal provides for 25 stalls on-site surface parking, and 75 stalls in the adjacent municipal garage for a total of 100 parking stalls. This exceeds the estimated required parking of 72 stalls, indicating that available parking should be sufficient to support the proposed use. Parking Design – Earlier this month, the City Council approved an ordinance amendment reducing the required minimum stall size from 10’ x 19’ to 9.5’ x 19’; the ordinance will become effective upon publication. Both the outdoor surface stalls and the indoor structure parking stalls are proposed to be 9’ x 18’ size, which is smaller and considered a deviation from the new City Code standard of 9.5’ x 19’. The 9’ stall width is consistent with industry standards and has been utilized elsewhere in the City. The 9’ x 18’ stall size is consistent with the stall size in the public parking garage and at The Flats development in Cedar Grove. The acceptability of this deviation is a policy matter for City officials. Accessible stall design will be reviewed at the time of Building Permit for compliance with applicable Codes. City Code requires two-way drive aisles in parking lots to be a minimum of 24’ in width; this dimension is provided throughout the site. The project provides for two levels of structure parking. Level P1 parking is accessed via Rahn Road. Level P2 parking is above Level P1, and is accessed from Cedar Grove Parkway. These two structured parking levels do not connect with each other internally. Due to significant grade changes on the site, some portions of the building have both levels of parking walls exposed versus underground. Green Space – The CGD ordinance does not set any standard for green space, and storm drainage and water quality treatment are handled in area ponds. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 8 Site Lighting – The CGD district restricts pole lights to a maximum height of 20’. A minimum illumination of 0.5 footcandles is required in surface parking lots, with lighting averaging 1.5 footcandles. Lighting should not exceed 0.5 footcandles at the property lines, and no glare should be directed onto adjacent right-of-way or neighboring properties. The submitted Site Lighting Photometric plan appears acceptable and in conformance with these standards. Site lighting is proposed through 20’ pole-mounted lights in the surface parking lot, recessed lights in the canopies of the two main building entrances, as well as the restaurant entrance. The proposed fixtures are downcast with full cutoff LED optics. The driveway parking south of the building along Cedar Grove Parkway is partially illuminated by the street lights, however, they do not provide full coverage. Additional lighting should be added to illuminate the entire stretch of parking south of the building, and shown on the Site Lighting Plan at the time of Building Permit application. Wall-mounted lights are proposed on the north face of the building, and additional accent lighting may be proposed on other facades. These lights are not included in the Preliminary Site Lighting Plan. A revised Site Lighting plan including the wall mounted and accent lighting should be provided at the time of Building Permit application. Building Architecture and Materials – The CGD district contains specific provisions related to building design and exterior finish materials. The proposed building includes some deviations to specific design standards in the CGD zoning ordinance. The acceptability of such deviations is a policy matter to be determined by City officials. Height – The proposed building is five stories with another level of structured parking below. Due to variations in the topography of the site, building height is measured to the average elevation of ground level around the building. Using this method, the proposed building height ranges from 58’2” to 64’2”. This exceeds the 50’ maximum building height specified in the CGD ordinance and is considered a deviation which can be accommodated through the Planned Development. The building has a flat roof, and appears to provide the minimum 30” parapet required on new construction for purposes of screening mechanical equipment. Architectural Design – The CGD zoning district establishes architectural design criteria for buildings more than 50’ in length. These criteria include providing horizontal and vertical offsets, recessed windows on the first floor, and use of different materials or textures to architecturally divide the façade into bays between 20’ and 40’ in width. In addition, finish materials on all sides of a building shall be treated as a front side and have the same finish materials, major materials shall be complementary colors, and use of both vertical and horizontal pattern designs in the building façade. The applicant’s narrative provides a detailed description of the architectural design and how it corresponds to the design standards in the City Code. According to the project Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 9 narrative, the proposed building design provides visual relief primarily through use of significantly different materials and textures. On the expanse of building that runs parallel to Cedar Grove Parkway (approximately 355 feet), “the design uses a repetitive vertical bay element to divide up the facades.” The bays are “composed of stacked projecting balconies and glass slider doors with accent-color painted fiber cement cladding” and “contrast significantly with the surrounding brick field.” Also, interspersed between these balcony bays are other two-story bay elements – comprised of window units and a second accent-color painted fiber cement spandrel panels – which are offset at the Level 3 floor line.” Building Materials – The CGD zoning district establishes that primary materials cover at least 60% of the façade, and secondary materials occupy not more than 30% of the façade. Accent materials may make up not more than 10%. Primary materials include brick, stone and glass; secondary materials may include decorative block or integrally- colored stucco. In addition, all primary and secondary materials shall be integrally colored. Cement Fiber Board is a material not specifically identified in the CGD architectural provisions. The City has previously classified Cement Fiber Board as a secondary material in the CGD district (The Flats at Cedar Grove, Fairfield Inn and Suites). Prefinished metal panels are not classified in the CGD ordinance, and are considered a Class I material in other zoning districts when used as an architectural finish rather than trim or accent material. The CGD standards for primary vs. secondary materials ratios are considered satisfied. The proposed plan provides for all facades to exceed 60% in the two primary materials of brick and glass. On the north and south elevations and at the east end of the building, the exposed walls of the lower level parking are integrally colored ground face block. Two different colors of this material are used to provide a pattern and visual interest. Painted metal panels provide vertical breaks in this material along on the north elevation. Along the west side of the building, the exposed garage walls are cast in place concrete. The cast in place concrete should have a decorative treatment that is integral to the material. Detail of the finish treatment should be provided for the Final Planned Development Agreement. The restaurant at the northwest corner is primarily glass. The west elevation faces the parking garage with a sidewalk in between. The west end of the building also has the amenity terraces and resident swimming pool. Metal panels accent these features and provide differentiation from the brick residential structure, and the exposed cast in place concrete. Design Standards for Multiple Residential Uses – The City Code contains these additional standards for multiple residential uses: First Floor Elevation - The CGD ordinance requires the first floor elevation of residential buildings be at least 2.5’ above street level in the front yard. Much of the ground floor is occupied by structured parking, with the residential units above. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 10 Separate Unit Entrances – In addition, individual entrances at street level is a design requirement of the CGD zoning district. The direct access requirement of the CGD ordinance was intended to create front porches to reinforce walkability and connection. The proposed apartment building has shared entrances, and provides each unit with a patio door and balcony area. Supplemental Storage Space – City Code requires that multiple residential buildings provide additional storage space in the amount of 150 cubic feet per unit, exclusive of the storage space within the unit itself. Supplemental storage outside of the units is provided on Level P2. The amount of storage should be calculated to demonstrate compliance with the 150 cubic feet per unit standard, prior to execution of the Final Planned Development Agreement. Interior Window Treatments – City Code requires consistent interior window treatments for windows that are visible from a public street or open space in offices and multiple residential complexes. Recreation Area – The City Code requires multiple-family dwelling complexes to have a minimum recreation area equal to 200 s.f. for each dwelling unit containing 2 or fewer bedrooms, and 100 additional s.f. for each dwelling unit containing more than two bedrooms. Four of the 151 units have 3 bedrooms, the remaining 147 units have two or fewer bedrooms. Thus, 30,600 s.f. of recreation space is required. The narrative identifies 41,924 s.f. of amenity space is provided, satisfying this standard. The intent of the redevelopment district and CGD zoning is that development would be more compact and recreation and open spaces would be provided more through public amenities than individual private spaces. Nonetheless, the proposal provides on-site amenities that include a swimming pool for residents’ use and another outdoor terrace area. On the interior of the building, an amenity area is designated at the west end of Level 1 of the residential building, adjacent to the pool and outdoor terrace space. The narrative identifies amenity uses such as a fitness center, yoga studio, club room, private event room, dog washing station, and outdoor grilling stations. Signage – The CGD ordinance provides the following parameters for wall signage. Wall signs may be located within a 3 foot sign band, between 10 and 15 feet above ground. Attached wall signage to be script letters or logo; box signs are prohibited. A free-standing monument sign is permitted and is limited to a structure height of 12 foot maximum height, with a maximum sign face height of 4 feet and area of 45 s.f. One monument sign is proposed at the northeast corner of the site (at Rahn Road and Eagan Outlets Parkway intersection). According to the narrative, the monument has not yet been Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 11 designed, and it is the Applicant’s intent that the monument will comply with the parameters in the City Code. The proposed building signage consists of two signs mounted on the canopy for the restaurant at the northwest corner of the building. Two wall signs are proposed at the top of the residential building that are 3 ft. x 40 ft. and mounted on the east end of the south elevation, and the east side of the northwest end of the building. Residential entrance identification signs are proposed above the entrances to the residential portion of the building -- two at the southwest end of the building, and one on the north elevation at the interior corner of the L-shaped building. All proposed building signs appear to meet the 3 foot maximum height standard, as well as sign type and size standards. The two identification signs on the upper portion of the building are mounted more than 35’ above the ground, which is a deviation to the City Code standard. While signage is proposed on four elevations, the building has three street frontages and two different uses, and the signs serve different purposes. The canopy signs identify building entrances and distinguish the restaurant space from the residential use. The proposed wall signs on the upper portion of the building serve as building identification, and wall signs were approved at a similar height for the two multi-story hotels further west on Cedar Grove Parkway. The proposed signage deviations to City Codes standards are a policy matter for City officials and if acceptable, the deviations can be accommodated through the Planned Development zoning. Building Address Numbers – Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment – Rooftop mechanical units is identified on the roof plan. Rooftop equipment is generally located in the center of the building to maximize setback from the edge of the building. The building elevations appear to provide the required 30” minimum parapet for new construction. All rooftop mechanical equipment should be shown on the plans submitted for Building Permit, with screening provided in accordance with City Code requirements. Landscaping – The CGD zoning district includes specific design standards for landscaping including placement of trees every 25’ where parking abuts the site perimeter, one overstory tree for every 500 sq. ft. of landscape area on the site, certain prohibited species and other species to be used only in certain circumstances, such as evergreen trees only in areas protected from winter wind conditions. Quantification of the proposed landscaping is addressed in the project narrative and also on Plan sheet L1.0, which indicates compliance with the specific standards of the CGD ordinance. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 12 The proposed Landscape Plan is acceptable, although somewhat aggressive in the quantity of plants proposed. A mix of shade and ornamental trees is proposed, with a few evergreen trees. Foundation plantings include both deciduous and evergreen shrubs, as well as perennial plants such as grasses and daylilies. The plan proposes shade trees along Cedar Grove Parkway, in keeping with established streetscape. Trees also line the frontage along Rahn Road and Eagan Outlets Parkway, along with a shrub hedge to screen parking. A row of trees is also proposed along the west side of the building, which will now be adjacent to a pedestrian walkway rather than a public street. Landscape Monuments - In 2002, as part of the Cedar Grove Area streetscape and lighting improvements, the City installed landscape monument features on this property, at the northwest corner of Cedar Grove Parkway and Rahn Road. The features included brick pillars, lighting, decorative fencing, and vegetative landscaping. Due to a maintenance issue with the brick pillars at this location, and all others in the Cedar Grove Area, the City is pursuing replacement or reconstruction of all the landscape monuments. The developer has agreed to install, own, and maintain a planter bed/ retaining wall feature, in this location near the intersection and as part of the proposed building, as replacement of the existing landscape monuments. The proposed feature includes structural elements and landscaping, with a designated space for possible future installation of public art. Additional description of the monument design is on pages 9-10 of the Applicant’s narrative. Because the structural and landscape elements extend into the right-of-way, an encroachment and maintenance agreement will be needed. The applicant should design, install, and maintain, a landscape monument at the intersection of Rahn Road and Cedar Grove Parkway, consistent with Design Option 1A from the ‘Eagan Monument Guidelines / Cedar Grove Concepts” dated February 14, 2017. Electrical power should be extended from the street lighting system to the monument for future lighting. The applicant should enter into an encroachment and maintenance agreement for this monument, in a form acceptable to the City Attorney prior to execution of the Final Planned Development. Tree Preservation – The Tree Preservation and Mitigation Plan is acceptable. The submitted plans show only two significant trees (23’ and 25’ spruce trees by the southeast corner monument) exist on site. Both are proposed to be removed with the demolition of the corner monument. Allowable removal is 30%. Required mitigation calculates to four (4) Category B trees. The submitted Landscape Plan L1.0 indicates the installation of ninety-five (95) Category B trees. Six trees are identified just inside the site at the driveway entrance from Eagan Outlets Parkway to satisfy mitigation requirements. Topography/Grading – The site is open with no trees. There is a steep slope along Cedar Grove Parkway with an approximate 9 foot drop in grade. The rest of the site is generally flat. Elevations range from 818 to 802. The preliminary grading plan is acceptable. The entire site will be disturbed in preparation for the proposed building and parking area. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 13 All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Also, all public and private streets, drainage systems, and utilities necessary to provide service to this development should be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. All public and private streets, drainage systems, and utilities necessary to provide service to this development should be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. Storm Water Management/ Water Quality – The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan – 2007), and generally flows northwest toward Highway 13 and Pond AP-52 within Cedar Grove Boulevard and Highway 13 right-of- way. Pond AP-52 was modified as part of the City’s public improvement project (Cedar Grove Boulevard – Phase II, Project No. 1088), and will provide storm water management per City standards for this proposed development. All storm water runoff should be routed through exiting storm sewer infrastructure toward Pond AP-52. Wetlands – Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Utilities – The preliminary utility plan is acceptable. Trunk and lateral sanitary sewer and water main of sufficient size, depth, and capacity are available were previously provided along Eagan Outlets Parkway for connection to serve this site. Sanitary sewer District W (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. Any construction activities that damage public infrastructure should be restored by the applicant in a manner acceptable to the City Engineer. The existing public storm sewer along Fen Way is proposed to removed and relocated closer to the parking garage. A 20 foot wide drainage and utility easement is being provided over the storm sewer. Streets/Access/Pedestrian Circulation – Access for the site is proposed via three surrounding public streets; Eagan Outlets Parkway, Rahn Road, and Cedar Grove Parkway. A parking lot entrance is proposed to Eagan Outlets Parkway, and the two level underground parking garage would have access to Rahn Road and Cedar Grove Parkway. Striping modifications on all of the Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 14 surrounding streets will be necessary to accommodate the parking lot and parking garage entrances. The applicant should be responsible to re-stripe all adjacent streets to accommodate this development, in a manner acceptable to the City Engineer. Removal of Fen Way – The applicant proposes to remove Fen Way and vacate the right- of-way to allow for amenities (pool, patio, etc.) to be constructed in a portion of the existing right-of-way. Fen Way and River Valley Way are located on either side of the Cedar Grove parking garage to provide access between Cedar Grove Parkway and Eagan Outlets Parkway. Additional access between the two streets is also provided by Nicols Road and Rahn Road. Since four streets currently connect Cedar Grove Parkway with Eagan Outlets Parkway, and the amount of traffic that utilizes Fen Way is fairly low, the removal of that street is not expected to have a substantial impact on traffic in the area. Pedestrians - Pedestrian access and circulation will be provided through concrete sidewalks within the site area that connect to the surrounding public trail and sidewalk network. Existing 8 foot wide concrete sidewalks are located along Fen Way, Eagan Outlets Parkway, and Rahn Road. A new 8 foot wide bituminous trail is proposed along Cedar Grove Parkway. The applicant should be responsible to repair or reconstruct any pedestrian facility damaged during construction activities in a manner acceptable to the City Engineer. To make room for the applicants proposed amenities in the Fen Way right-of-way, the existing public storm sewer is proposed to be relocated closer to the parking garage. The storm sewer relocation will require the removal of the existing concrete sidewalk along Fen Way. A public pedestrian connection between Cedar Grove Boulevard and Eagan Outlets Parkway is still desired, so a new 8 foot wide concrete sidewalk would be constructed adjacent to the Cedar Grove Parking Garage. There are currently two crosswalks at the Eagan Outlets Parkway and Fen Way intersection. With the removal of Fen Way, the two crosswalks are proposed to be consolidated into one location. Construction Staging – No construction equipment or vehicles should use the Cedar Grove Parking Garage during development of this site; however, workers may park their personal vehicles in the garage. All perimeter construction fencing should be installed a minimum of 5’ behind the curb, or behind the trail/sidewalk if one is present. No construction staging or construction activities should occur in the right-of-way, and no lane or shoulder restrictions should occur on any adjacent roadways without prior approval by the City Engineer. Fiber To The Premise – 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 premises (FTTP). The applicant should provide a civil Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 15 drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development should include the installation of fiber optic cable in its construction plans at the time of Building Permit. Street Lights – A few public street lights are currently located along Cedar Grove Parkway, Fen Way, and Rahn Road. The applicant should install public street lighting, with a style and spacing consistent with the surrounding corridor, along Cedar Grove Parkway, Rahn Road, and Eagan Outlets Parkway. The street lighting plans and specifications should be approved by the City prior to the issuance of a Building Permit. Since Fen Way will be removed, those existing street light fixtures can be relocated to light the adjacent streets. The applicant should install privately owned and maintained pedestrian light bollards, with a design consistent with the trail lighting along Central Parkway, along the public sidewalk adjacent to the parking garage. All existing public street lighting wiring should not be damaged during construction activities. In the event any damage occurs, repairs or replacement should be performed in a manner acceptable to the City Engineer. Easements/Permits/Right-of-Way – No additional right of way is anticipated from this development. Standard 10 foot wide drainage and utility easements should be dedicated adjacent to all public rights-of-ways, and on either side of public utilities. This is an area where zero setbacks are allowed, so drainage and utility easements smaller than 10 feet in width may be allowed in areas where the building is within 10 feet of the right-of-way. No entrance monuments or retaining walls should be allowed within a drainage and utility easement. The landscape monument to be installed at the intersection of Rahn Road and Cedar Grove Parkway would be allowed in the easement through an encroachment agreement. The applicant should enter into an encroachment agreement to allow the entrance monument within the drainage and utility easement, in a form acceptable to the City Attorney. The applicant submitted a Vacation request for the Fen Way right-of-way. A public hearing is scheduled for February 5, 2018. If approved, the right-of-way will revert back to the EDA, and then will be combined with Outlot B through a re-plat. The applicant should provide a sidewalk easement over the public sidewalk along the parking garage, and a trail easement along Cedar Grove Parkway where the trail is located outside the right-of-way, in a form acceptable to the City Attorney. The applicant should provide an easement for the landscape monument at the intersection of Rahn Road and Cedar Grove Parkway, in a form acceptable to the City Attorney. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 16 The applicant should obtain a right-of-way permit for any work within the right-of-way, and be responsible to restore the street, curb and gutter, trail/sidewalks, and boulevard in a manner acceptable to the City Engineer. The applicant should provide an easement of sufficient size to allow access and maintenance along the parking garage adjacent to this property, in a form acceptable to the City Attorney. The applicant should obtain all outside agency permits as necessary for completion of the site improvements. Landscaping trees should be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. Financial Obligation – At this time, there are no pending assessments on the parcels proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, there are no outstanding charges to be collected at time of final subdivision or connection to the City’s utility system. Parks and Recreation – This development is responsible for park and trail dedications. The dedications will be calculated based on actual construction plans at the time of Building Permit and collected prior to release of the Building Permit. Based on the 2018 Fee Schedule, the cash park dedication is anticipated to be approximately $532,146.86. The amount is calculated as follows: $3,475/unit x 151 units for residential = $524,725 + $939/1,000 s.f. of commercial at 7,904 s.f. = $7,421.86 The trail dedication fee is based on net land area, at a 2017 rate of $1,289 per net acre. SUMMARY/CONCLUSION The applicant is proposing a Rezoning and Preliminary Planned Development to allow construction of a five-story mixed use building with 151-unit multi-family units and approximately 7,600 s.f. of commercial restaurant space including on-sale liquor and outdoor dining upon 3.08 acres located west of Rahn Rd. between Cedar Grove Parkway and Eagan Outlets Parkway. Because the proposed development is for one building constructed in a single phase, Preliminary Planned Development approval simultaneously constitutes approval of the Final Planned Development, to be documented in a forthcoming Final Planned Development Agreement. This proposal provides for development of a multi-story mixed use project within the core area of the Cedar Grove Redevelopment TIF District. The proposed development includes reconstruction of a corner entrance monument at the Rahn Road and Cedar Grove Parkway Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 17 intersection. Two levels of structured parking are provided, and reconstruction of a pedestrian walkway within the vacated Fen Way right-of-way. The site landscaping and lighting appear acceptable. The building appears to satisfy City Code standards for finish materials and architectural design. The Planned Development zoning affords flexibility to both the applicant and the City with the objective that the mutual flexibility benefits both parties. The developer is requesting some deviations to typical City Code requirements such as for parking stall sizes, signage, and building height. The acceptability of the proposed development, and appropriateness of proposed deviations as outlined in this report is a policy matter to be determined by City officials. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) for Outlot B Paragon Addition and the proposed vacated Fen Way right-of-way, located between Cedar Grove Parkway and Eagan Outlets Parkway west of Rahn Road. To recommend approval of a Preliminary Planned Development for Outlot B Paragon Addition and the proposed vacated Fen Way right-of-way, to allow a five-story, 151-unit multi-family residential development with approximately 7,600 s.f. of commercial restaurant space on the first level, including outdoor dining and on-sale liquor. The subject site is located between Cedar Grove Parkway and Eagan Outlets Parkway west of Rahn Road. Preliminary PD approval simultaneously constitutes approval of the Final Planned Development, to be documented in a forthcoming Final Planned Development Agreement. If approved, the following conditions shall apply: 1. A Final Planned Development Agreement shall be executed for the development prior to issuance of a building permit. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Site Lighting Plan 2. Trash storage shall be located within the building. 3. All outdoor dining areas should be designed and operated consistent with City Code requirements of Section 11.70, Subd. 29. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 18 4. A detailed patio seating plan should be provided for the Final Planned Development Agreement. 5. All site lighting shall be shielded and downcast, and illumination consistent with CGD zoning standards. The mounting height for site lighting shall not exceed the CDG maximum of 20 feet. 6. A revised Site Lighting Plan shall be provided at the time of Building Permit application, including the wall mounted and accent lighting and additional lighting to illuminate the entire stretch of parallel parking along the south side of the building. . 7. The cast in place concrete shall have a decorative treatment that is integral to the material, and detail of the finish treatment shall be provided for the Final Planned Development Agreement. 8. The amount of supplemental storage space shall be calculated to demonstrate compliance with the 150 cubic feet per unit standard, prior to execution of the Final Planned Development Agreement. 9. Consistent interior window treatments shall be provided within the multiple residential building, for windows that are visible from a public street or open space. 10. A Sign Permit shall be required prior to the installation of all signs, both building mounted and monument signs. 11. This development shall be allowed at one monument sign at the northeast corner of the site (at Rahn Road and Eagan Outlets Parkway intersection). The monument sign shall be subject to compliance with the design standards in the City Code, including the minimum 10’ setback from property lines and a location that does not conflict with easements. 12. Building signage shall be consistent with what is shown on the Building Elevations, with the design and type of sign construction in compliance with City Code standards. 13. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 14. Rooftop mechanical units shall be shown on the plans submitted for Building Permit, with screening provided in accordance with City Code requirements. 15. The applicant shall design, install, and maintain, a landscape monument at the intersection of Rahn Road and Cedar Grove Parkway, consistent with Design Option 1A Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 19 from the ‘Eagan Monument Guidelines / Cedar Grove Concepts” dated February 14, 2017. 16. The applicant shall enter into an encroachment and maintenance agreement for the landscape monument, in a form acceptable to the City Attorney prior to execution of the Final Planned Development. 17. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester , and consistent with the other developed areas along Cedar Grove Parkway. 18. This development shall satisfy required tree mitigation through the on-site planting of four (4) Category B trees. 19. 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. 20. 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. 21. 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. 22. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 23. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 24. The applicant shall be responsible to re-stripe all adjacent streets to accommodate this development, in a manner acceptable to the City Engineer. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 25. Any construction activities that damage public infrastructure shall be restored or by the applicant in a manner acceptable to the City Engineer. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 20 26. The applicant shall design, install, and maintain, a landscape monument at the intersection of Rahn Road and Cedar Grove Parkway, consistent with Design Option 1A from the ‘Eagan Monument Guidelines / Cedar Grove Concepts” dated February 14, 2017. The applicant shall enter into a landscape maintenance agreement for this monument, in a form acceptable to the City Attorney. Standard 10 foot wide drainage and utility easements shall be dedicated adjacent to all public rights-of-ways (except where the building is within 10 feet of the right-of-way), and on either side of public utilities. 27. No entrance monuments or retaining walls shall be allowed within a drainage and utility easement. 28. Electrical power shall be extended from the street lighting system to the entrance monument for future lighting or other needs. 29. The applicant shall enter into an encroachment agreement for the entrance monument to be located within the drainage and utility easement, in a form acceptable to the City Attorney. 30. The applicant shall provide an easement for the landscape monument at the intersection of Rahn Road and Cedar Grove Parkway, in a form acceptable to the City Attorney. 31. The applicant shall obtain a right-of-way permit for any work within the right-of-way, and be responsible to restore the street, curb and gutter, trail/sidewalks, and boulevard in a manner acceptable to the City Engineer. 32. The applicant shall provide an easement of sufficient size to allow access and maintenance along the parking garage adjacent to this property, in a form acceptable to the City Attorney. 33. The applicant shall be responsible to repair or reconstruct any pedestrian facility damaged during construction activities in a manner acceptable to the City Engineer. 34. The applicant shall provide a sidewalk easement over the public sidewalk along the parking garage, and a trail easement along Cedar Grove Parkway, in a form acceptable to the City Attorney. 35. No construction equipment or vehicles shall use the Cedar Grove Parking Garage during development of this site. 36. All perimeter construction fencing shall be installed a minimum of 5’ behind the curb between Nov. 15 and April 15. Planning Report – The Preserve at Cedar Grove January 23, 2018 Page 21 37. No construction staging or construction activities shall occur in the right-of-way. 38. No lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. 39. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 40. The applicant shall install public street lighting, with a style and spacing consistent with the surrounding corridor, along Cedar Grove Parkway, Rahn Road, and Eagan Outlets Parkway. 41. The street lighting plans and specifications shall be approved by the City prior to the issuance of a building permit. 42. The applicant shall install privately owned and maintained pedestrian light bollards, with a design consistent with the trail lighting along Central Parkway, along the public sidewalk adjacent to the parking garage. 43. All existing public street lighting wiring shall not be damaged during construction activities. In the event any damage occurs, repairs or replacement shall be performed in a manner acceptable to the City Engineer. 44. The applicant shall obtain all outside agency permits as necessary for completion of the site improvements. IBLEY MEMORIAL HIGHWAYREDFOO L IV I N E DRGOLDTRAIL MICA TRAILRAHN ROADGLENFIELD CTSILVER BELL RDSILVER BELL ROADKENNEBECDRIVESEN E CA ROA D KENNEBECDRIVESILVER BELL ROADSHAWNEEROADOLDSIBLEYHIGHWAYNICOLS ROADEAGANOUTLETSPKWYCEDARGROVEPKWYCEDARGROVEPKWYR A H N R O AD BLUESTONELANEBLUESTONE DRDIAMOND PTJADE PTSIBLEYCTCARNELIAN LANEJADELANEFLINT DRFLINTLANESAPPHIRE LNGARNET PTGARNET D R IVED I A M O N D D R I V EEMERALDLANEOPALDRIVE GARNETLANETOPAZ DRIVEOPAL PL.ZIRCONLANEJADELANECARNELIAN LANEBERYL ROADALDER LANELAUREL CTCALCITE DRGOLD T R AI L TURQUOISE TRAILAMETHYST LANE NICOLS ROADTESSERACT PLDOLOMITEDRCINNABAR DRCINNABAR DRHEATHERDRWILLOWWAYBERYL ROADCINNABARCTCINNABAR DRIVETAPUMICE POINTP U M IC E CTTURQUOISETRAIL PUMICEL N MICA TRAILTACONITE TRAILL I M O N I T E L A N E PUMICE LANEJADE LANELIMONITE LNCARNELIAN LANEMAGNETITE PTNORTHRUBYCTBEAVERDAMROA D DURH A M CTSOUTH RUBY CTBURGUNDY DRGOLD TRAILWUTHERING HEIGHTS RDN IC O L S R O A D STATE T.H. NO. 13STATE T. H. N O. 7 7 ( C E D A R A V E)STATETRUNKHIGHWAYNO.13FE N WAY R IV VL Y WAYCEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVDCedarPond ParkWoodhavenParkFortSnellingState ParkBridgeviewParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: The Preserve at Cedar Grove Request: Rezoning; Preliminary Planned Development; Final Planned DevelopmentCase No.: 19-RZ-11-12-17 19-PD-04-12-17 19FD-12-12-17 Subject Site Fen WayRahn RoadCedar Grove ParkwayEagan Outlets ParkwayEagan Outlets PkwyRahn RoadCedar Grove ParkwayRahn Road200 0100 Feet´This map is for reference use only. This is not a survey and is not indtended to be used as one.Aerial photo-Spring 2016Project: The Preserve at Cedar GroveRequest: Rezoning; Preliminary PD; Final PDCase Nos.: 19-RZ-11-12-17; 19-PD-04-12-17; 19-FD-12-12-17 CCAAAAFGDCPROTECT UTILITY STUBSPROTECT UTILITY STUBHYDRANT TO REMAINPROTECT CATCHBASINHDDSIGN TO REMAINPROTECT TELEPHONE MANHOLECONTRACTOR TO FIELD VERIFY SANITARY.TO BE REMOVED AS REQUIREDHBBTELEPHONE PEDESTAL TO REMAINSTREET SIGN TO REMAINBBDLIGHT POLE TO REMAINPROTECT ELECTRICMANHOLEJJJJJJLIGHT POLETO REMAINLIGHT POLETO REMAINZt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKsNORTHϮ͘ϬDK>/d/KEW>EPROPERTY LINE/(*(1'1. THE CONTRACTOR IS RESPONSIBLE FOR THE DEMOLITION, REMOVAL, AND DISPOSAL (IN A LOCATIONAPPROVED BY ALL GOVERNING AUTHORITIES) ALL STRUCTURES, PADS, WALLS, FLUMES, FOUNDATIONS,PARKING, DRIVES, DRAINAGE STRUCTURES, UTILITIES, ETC. SUCH THAT THE IMPROVEMENTS ON THEPLANS CAN BE CONSTRUCTED. ALL FACILITIES TO BE REMOVED SHALL BE UNDERCUT TO SUITABLEMATERIAL AND BROUGHT TO GRADE WITH SUITABLE COMPACTED FILL MATERIAL PER THE PROJECTDOCUMENTS.2. THE CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING THEDEBRIS IN A LAWFUL MANNER. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMITSREQUIRED FOR DEMOLITION AND DISPOSAL. CONTRACTOR SHALL PROVIDE COPIES OF THE PERMIT ANDRECEIPTS OF DISPOSAL OF MATERIALS TO THE OWNER AND OWNERS REPRESENTATIVE.3. THE CONTRACTOR SHALL MAINTAIN ALL UTILITY SERVICES TO ADJACENT PROPERTIES AT ALL TIMES.UTILITY SERVICES SHALL NOT BE INTERRUPTED WITHOUT APPROVAL FROM THE CONSTRUCTIONMANAGER AND COORDINATION WITH THE ADJACENT PROPERTIES AND/OR THE CITY.4. THE CONTRACTOR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO THE REMOVALAND/OR RELOCATION OF UTILITIES. THE CONTRACTOR SHALL COORDINATE WITH THE UTILITY COMPANYCONCERNING PORTIONS OF WORK WHICH MAY BE PERFORMED BY THE UTILITY COMPANY'S FORCESAND ANY FEES WHICH ARE TO BE PAID TO THE UTILITY COMPANY FOR THEIR SERVICES. THECONTRACTOR IS RESPONSIBLE FOR PAYING ALL FEES AND CHARGES.5. THE LOCATIONS OF ALL EXISTING UTILITIES SHOWN ON THE PLAN HAVE BEEN DETERMINED FROM THEBEST INFORMATION AVAILABLE AND ARE GIVEN FOR THE CONVENIENCE OF THE CONTRACTOR. THEENGINEER ASSUMES NO RESPONSIBILITY FOR THEIR ACCURACY. PRIOR TO THE START OF ANYDEMOLITION ACTIVITY, THE CONTRACTOR SHALL NOTIFY THE UTILITY COMPANIES FOR LOCATIONS OFEXISTING UTILITIES WITHIN ALL AREAS OF PROPOSED WORK.6. ALL EXISTING SEWERS, PIPING AND UTILITIES SHOWN ARE NOT TO BE INTERPRETED AS THE EXACTLOCATION, OR AS ANY OBSTACLES THAT MAY OCCUR ON THE SITE. VERIFY EXISTING CONDITIONS ANDPROCEED WITH CAUTION AROUND ANY ANTICIPATED FEATURES. GIVE NOTICE TO ALL UTILITYCOMPANIES REGARDING DESTRUCTION AND REMOVAL OF ALL SERVICE LINES AND CAP ALL LINESBEFORE PRECEDING WITH THE WORK.7. ELECTRICAL, TELEPHONE, CABLE, WATER, FIBER OPTIC, AND/OR GAS LINES NEEDING TO BE REMOVEDOR RELOCATED SHALL BE COORDINATED WITH THE AFFECTED UTILITY COMPANY. ADEQUATE TIMESHALL BE PROVIDED FOR RELOCATION AND CLOSE COORDINATION WITH THE UTILITY COMPANY ISNECESSARY TO PROVIDE A SMOOTH TRANSITION IN UTILITY SERVICE. CONTRACTOR SHALL PAY CLOSEATTENTION TO EXISTING UTILITIES WITHIN ANY ROAD RIGHT-OF-WAY DURING CONSTRUCTION.8. CONTRACTOR MUST PROTECT THE PUBLIC AT ALL TIMES WITH FENCING, BARRICADES, ENCLOSURES,ETC. (AND OTHER APPROPRIATE BEST MANAGEMENT PRACTICES) AS APPROVED BY THE CONSTRUCTIONMANAGER. MAINTENANCE OF TRAFFIC CONTROL SHALL BE COORDINATED IN ACCORDANCE WITH THECITY OF EAGAN, DAKOTA COUNTY COUNTY AND MINNESOTA/DOT.9. CONTRACTOR SHALL MAINTAIN ACCESS TO ALL ADJACENT PROPERTIES DURING CONSTRUCTION, ANDSHALL NOTIFY ALL PROPERTIES IF ACCESS WILL BE INTERRUPTED OR ALTERED AT ANY TIME DURINGCONSTRUCTION.10. PRIOR TO DEMOLITION OCCURRING, ALL EROSION CONTROL DEVICES ARE TO BE INSTALLED.11. CONTRACTOR MAY LIMIT SAW-CUT AND PAVEMENT REMOVAL TO ONLY THOSE AREAS WHERE IT ISREQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT IF ANY DAMAGE IS INCURRED ON ANY OFTHE SURROUNDING PAVEMENT, ETC. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ITS REMOVAL ANDREPAIR.12. THE CONTRACTOR SHALL COORDINATE WATER MAIN WORK WITH THE FIRE DEPT. AND THE CITY WATERDEPARTMENT TO PLAN PROPOSED IMPROVEMENTS AND TO ENSURE ADEQUATE FIRE PROTECTION ISCONSTANTLY AVAILABLE TO THE SITE THROUGHOUT THIS SPECIFIC WORK AND THROUGH ALL PHASESOF CONSTRUCTION. CONTRACTOR WILL BE RESPONSIBLE FOR ARRANGING/PROVIDING ANY REQUIREDWATER MAIN SHUT OFFS WITH THE CITY OF EAGAN DURING CONSTRUCTION. ANY COSTS ASSOCIATEDWITH WATER MAIN SHUT OFFS WILL BE THE RESPONSIBILITY OF THE CONTRACTOR AND NO EXTRACOMPENSATION WILL BE PROVIDED.13. REFER TO SURVEY FOR ALL EXISTING INVERT AND RIM ELEVATIONS.14. ALL UTILITIES SHOWN ARE EXISTING UTILITIES.15. IN THE EVENT A WELL IS FOUND, THE CONTRACTOR SHALL CONTACT THE ENGINEER AND OWNERIMMEDIATELY. ALL WELLS SHALL BE SEALED BY A LICENSED WELL CONTRACTOR IN ACCORDANCE WITHALL STATE OF MINNESOTA REQUIREMENTS.16. IN THE EVENT THAT UNKNOWN CONTAINERS OR TANKS ARE ENCOUNTERED, THE CONTRACTOR SHALLCONTACT THE OWNER AND/OR OWNERS REPRESENTATIVE IMMEDIATELY. ALL CONTAINERS SHALL BEDISPOSED OF AT A PERMITTED LANDFILL PER THE PROJECT DOCUMENTS.17. CONTRACTOR SHALL NOTIFY THE ENGINEER IF ANY EXISTING DRAINTILE IS ENCOUNTERED ON SITE. NOACTIVE DRAINTILE SHALL BE REMOVED WITHOUT APPROVAL FROM THE ENGINEER.18. THE EXISTING STREETLIGHT WIRE ALONG FEN WAY NEEDS TO BE PRESERVED. THE EXISTING STREETWIRING CANNOT BE DAMAGED DURING CONSTRUCTION ACTIVITIES19. NO LANE/STREET CLOSURES WILL BE ALLOWED. SHORT TERM (COUPLE HOURS) CLOSURES MAY BEALLOWED IF APPROVED BY CITY ENGINEER.20. NO CONSTRUCTION STAGING SHALL BE ALLOWED IN THE STREET21. DEVELOPER WILL BE RESPONSIBLE TO TO REPLACE ANY DAMAGE TO THE PUBLIC SIDEWALK/TRAILS.22. SEE SHEET C4.3 STRIPING PLAN FOR STRIPING REMOVALS'(02/,7,213/$1127(6LIMITS OF CONSTRUCTIONREMOVE BITUMINOUS SURFACEREMOVE CONCRETE SURFACEREMOVE TREEREMOVE CONCRETE CURB & GUTTERREMOVE UTILITY LINESEXISTING OVERHEAD POWER LINEEXISTING CHAINLINK FENCEEXISTING SANITARY SEWEREXISTING STORM SEWEREXISTING WATERMAINEXISTING GAS MAINEXISTING UNDERGROUND TELEPHONEEXISTING UNDERGROUND CABLEEXISTING CONTOUREXISTING SIGNEXISTING STORM MANHOLEEXISTING STORM CATCHBASINEXISTING GATE VALVEEXISTING HYDRANTEXISTING METAL COVEREXISTING ELECTRICAL METEREXISTING TELEPHONE MANHOLEEXISTING CABLE BOXEXISTING LIGHT POLEEXISTING TREEREMOVE GRAVELEXISTING CURB & GUTTER/(*(1'CLEARING & GRUBBINGSOIL BORING,03(59,2863(59,2866800$5<DISTURBED AREA 3.39 ACRESEXISTING PERVIOUS AREA 0.53 ACRESEXISTING IMPERVIOUS AREA 2.86 ACRESηϭ ŝƚLJZĞǀŝƐŝŽŶ ϬϭͲϬϯͲϭϴηϯ ŝƚLJZĞǀŝƐŝŽŶ ϬϭͲϭϮͲϭϴ PROPOSED BUILDING47,985 SFP1=803.8P2=814.8L1=824.8RESTAURANTFFE=803.8AMENITY AREAEL:824.8AMENITYAREAEL:820.818.0'24.0'36.0'24.0'18.0'9.5' 6.9'24.0'28.0' 24.0' 24.0' 24.0'24.0'6.0' BOC 8.0' BOC 8.0' 8.0'8.0'BOC24.0'9.0'(TYP)R8.0'R2.0'R10.0'R2.0'R2.0'R2.0'R2.0'R2.0'R5.0'R2.0'R2.0'R10.0'R12.0'R12.0'R12.0'R30.0'R20.0'R8.0'QAQQAABBCDEEENFFFFFFFFFFGGGI48.0' 49.3' 8.1' BOC R3.0'R5.0'10.1'OVERHEAD BUILDINGLINE (TYP)20.0'8.0' 8.0' 5.0' 5.0' 8.0'8.0'BOC8.0'9.0'5.0'CKKSCREEN WALLSEE ARCHITECTURALPLANSJTRASH ENCLOSURELTRANSFORMERAND GENERATOR,CONCRETE PADRECONSTRUCTPEDESTRIAN CURBRAMPRECONSTRUCT TRAIL TOREMOVE EAST/WESTPEDESTRIAN CURB RAMPARECONSTRUCT SIDEWALKTO REMOVE EAST/WESTPEDESTRIAN CURB RAMP20' D&UEASEMENTMMMMOMMPP24.0'DDSWITCHBACKSIDEWALK. SEEARCH. PLANSMAAR5.0'R34.0'R10.0'R32.0'R10.0'AE25.0'TRANSITION CURB9.0'15.0'RECONSTRUCTPEDESTRIAN CURBRAMPBBBBB10' D&UEASEMENTZt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKsPROPERTY SUMMARYRESIDENTIAL DEVELOPMENTLOT AREA“$&5(6RIGHT OF WAY VACATION“$&5(6TOTAL PROPERTY AREA“$&5(6TOTAL DISTURBED AREA“$&5(6PROPOSED PERVIOUS“$&5(6PROPOSED IMPERVIOUS“$&5(6ZONING SUMMARYPROPOSED ZONINGCGD (CEDAR GROVEDISTRICT) PER CITY OFEAGANEXISTING ZONINGCGD (CEDAR GROVEDISTRICT) PER CITY OFEAGANSETBACK SUMMARYPRINCIPAL STRUCTURE FRONT0-10 FEETPRINCIPAL STRUCTURE SIDE INTERIOR 0 FEET MINIMUMPRINCIPAL STRUCTURE SIDE CORNER 0-10 FEETPRINCIPAL STRUCTURE REAR20 FEET MINIMUMPARKING5 FEETMONUMENT SIGNWITHIN LANDSCAPEDAREAKEYNOTE LEGENDCONCRETE SIDEWALK FLUSH OR RIBBON CURBACCESSIBLE CURB RAMP 5' PARKING SETBACK LINEACCESSIBLE PARKING SIGN NO PARKING SIGNACCESSIBLE PARKING STALLNEW CITY MONUMENT (SEE LANDSCAPE PLAN)STANDARD DUTY ASPHALT PAVEMENT STAIRS/RISERSB612 CURB & GUTTER (TYP.)HEATED CONCRETE ENTRANCEB618 CURB & GUTTER (TYP.) SITE MONUMENT SIGN (2'x10')HEAVY DUTY ASPHALT PAVEMENT RETAINING WALLBUILDING DATA SUMMARYPROPOSED BUILDING COVERAGE54,774 SFPARKING SUMMARYCOVERED PARKING PROVIDED 191 STALLSSURFACE PARKING PROVIDED 107 STALLSADJACENT PARKING RAMP PROVIDED 75 STALLSTOTAL PARKING PROVIDED 373 STALLSREQUIRED PARKING299 STALLSSITE PLAN NOTES1. ALL WORK AND MATERIALS SHALL COMPLY WITH PROJECT SPECIFICATIONS, ALLCITY/COUNTY REGULATIONS AND CODES AND O.S.H.A. STANDARDS.2. CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS ANDDIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXIT PORCHES, TRUCK DOCKS,PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS.3. ALL DISTURBED AREAS ARE TO RECEIVE FOUR INCHES OF TOPSOIL, SEED, MULCH ANDWATER UNTIL A HEALTHY STAND OF GRASS IS ESTABLISHED.4. ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED.5. EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED, REMOVEDOR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASE BID.6. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTEDON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES, STORM DRAINAGE, SIGNS,TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALL WORK SHALL BE IN ACCORDANCE WITHGOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONS ANDSHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID.7. SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A SURVEY BYALLIANT.8. PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARE SHOWN FORGRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TO VERIFY SIZE, LOCATIONAND ANY REQUIRED PERMITS NECESSARY FOR THE CONSTRUCTION OF THE PYLON /MONUMENT SIGN.9. CONTRACTOR SHALL REFERENCE SITE LIGHTING PLAN FOR SITE LIGHTING AND ARCH / MEPPLANS FOR ELECTRICAL PLAN.10. NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE AND UNDERGROUNDSTRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATED WITHIN EXISTING ORPROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESS SPECIFICALLY NOTED ONPLANS OTHERWISE.NORTHϰ͘ϬPROPOSED CURB AND GUTTERPROPERTY LINESETBACK LINEPROPOSED STANDARD DUTY ASPHALTPROPOSED CONCRETE SIDEWALKPROPOSED GREEN SPACE AREAPERIMETER D&U EASEMENTPROPOSED CONCRETE DRIVE/(*(1'EXISTING PROPERTY LINE/s/>^/dW>EPROPOSED LIGHT POLE (SEE PHOTOMETRICS PLAN)BITUMINOUS TRAIL. CITY DETAIL 450ηϭ ŝƚLJZĞǀŝƐŝŽŶ ϬϭͲϬϯͲϭϴηϯ ŝƚLJZĞǀŝƐŝŽŶ ϬϭͲϭϮͲϭϴ PROPOSED BUILDING47,985 SFP1=803.8P2=814.8L1=824.8RESTAURANTFFE=803.8AMENITY AREAEL:824.8AMENITYAREAEL:820.8REMOVE DOUBLE YELLOW STRIPEREMOVE TURN ARROWREMOVE TURN ARROWREMOVE STRIPINGCROSS-HATCHNEW STRIPING CROSS-HATCH(MATCH EXISTING)4" SOLID YELLOW LINE4" APART24" SOLID LINE YELLOW45d, @ 25' SPACING14.5' 14.5'REMOVE TURN ARROWREMOVE TURN ARROWNEW LEFT TURN ARROWNEW RIGHT TURN ARROW6:1 TAPERREMOVE CROSSWALKREMOVE CROSSWALK55'14.5'14.5'100'Zt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKsNORTHϰ͘ϯ^dZ/W/E'W>Eηϭ ŝƚLJZĞǀŝƐŝŽŶ ϬϭͲϬϯͲϭϴ ST-1DRAINAGE AREA 2DRAINS TO ST-2DRAINAGE AREA 1DRAINS TO ST-1ST-27.67%8.12%26.02%4.84%3.88%2.57%3.72%1.35%2.07%3.40%1.11% 0.92%2.91%2.83%2.14%2.59%3.22%3.87%3.85%3.67%3.11%4.42%3.01%37.03%47.69%26.02%7.37%3.84%2.44%2.98%2.11%2.94%5.25%SILT FENCE(TYP.)ULTIMATE DISCHARGELOCATION TO REGIONALSTORMWATER PONDSILT FENCE(TYP.)INLET PROTECTION(TYP.)ROCK CONSTRUCTIONENTRANCE2.85%Zt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKsNORTHϯ͘ϬEXISTING STORM SEWEREXISTING CONTOUREXISTING STORM MANHOLE EXISTING CATCH BASIN PROPERTY LINE/(*(1'(526,21&21752/3/$1127(61. ALL PERIMETER SILT FENCE AND ROCK CONSTRUCTION ENTRANCES SHALL BEINSTALLED PRIOR TO CONSTRUCTION.2. THE CONTRACTOR SHALL CONSTRUCT DRAINAGE BASINS PRIOR TO SITE GRADING.3. THE CONTRACTOR SHALL INSTALL CATCH BASIN EROSION CONTROL MEASURES.4. WITHIN TWO WEEKS (14 DAYS) OF SITE GRADING, ALL DISTURBED AREAS SHALL BESTABILIZED WITH SEED, SOD, OR ROCK BASE. REFER TO LANDSCAPE PLANS FORMATERIALS.5. ALL EROSION CONTROL MEASURES SHALL BE INSTALLED AND MAINTAINED INACCORDANCE WITH CITY, STATE, AND WATERSHED DISTRICT PERMITS.6. THE CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROL MEASURES, INCLUDINGTHE REMOVAL OF SILT IN FRONT OF SILT FENCES DURING THE DURATION OF THECONSTRUCTION.7. ANY EXCESS SEDIMENT IN PROPOSED BASINS SHALL BE REMOVED BY THECONTRACTOR.8. REMOVAL ALL EROSION CONTROL MEASURES AFTER VEGETATION IS ESTABLISHED.9. THE CONTRACTOR SHALL REMOVE ALL SOILS AND SEDIMENT TRACKED ONTO EXISTINGSTREETS AND PAVED AREAS AND SHALL SWEEP ADJACENT STREETS AS NECESSARYIN ACCORDANCE WITH CITY REQUIREMENTS.10. IF BLOWING DUST BECOMES A NUISANCE, THE CONTRACTOR SHALL APPLY WATERFROM A TANK TRUCK TO ALL CONSTRUCTION AREAS.11. ANY FENCING AND/OR SILT FENCE MUST BE AT LEAST 6' BEHIND THE CURB BETWEENNOV. 15TH AND APRIL 15.THE GC MUST UPDATE THE SWPPP, INCLUDING THE JOBSITE BINDER AND SITE MAPS, TO REFLECTTHE PROGRESS OF CONSTRUCTION ACTIVITIES AND GENERAL CHANGES TO THE PROJECT SITE.UPDATES SHALL BE MADE DAILY TO TRACK PROGRESS WHEN ANY OF THE FOLLOWING ACTIVITIESOCCUR: BMP INSTALLATION, MODIFICATION OR REMOVAL, CONSTRUCTION ACTIVITIES (E.G.,PAVING, STORM SEWER INSTALLATION, FOOTING INSTALLATION, ETC.), CLEARING, GRUBBING ORGRADING, OR TEMPORARY OR PERMANENT STABILIZATION.,03257$17THE GENERAL CONTRACTOR MUST SUBMIT A REQUEST FOR INFORMATION (RFI) TO THE CEC ANDOBTAIN WRITTEN CEC APPROVAL BEFORE DOING ANY OF THE FOLLOWING:1. MODIFYING EROSION OR SEDIMENT CONTROL BMPS (SUBSTITUTIONS ARE TYPICALLY ONLYAPPROVED IF SPECIFIED MATERIALS ARE NOT AVAILABLE OR THERE IS A VALID REASON THESPECIFIED BMP WILL NOT WORK)2. ADDING/DELETING EROSION OR SEDIMENT CONTROL BMPS;3. MODIFYING THE SWPPP IMPLEMENTATION SEQUENCE; OR4. PERFORMING ANY ACTIONS OR IN ANY MANNER THAT IS CONTRARY TO THE SWPPP.THE CONTRACTOR MAY MODIFY OR ADD ADDITIONAL BMPS, WITHOUT CEC APPROVAL, IN ANEMERGENCY SITUATION TO PREVENT SEDIMENT DISCHARGE OR PROTECT WATER QUALITY;HOWEVER, GC MUST NOTIFY THE CEC AS SOON AS PRACTICAL AS TO THEIR ACTIONS TO DISCUSSTHE NEED FOR ADDITIONAL OR SUPPLEMENTAL MEASURES AND TO OBTAIN THE REQUIREDAPPROVALS. THE CONTRACTOR IS ULTIMATELY RESPONSIBLE TO ENSURE COMPLIANCE WITH THEPERMIT AND PROTECTION OF DOWNSTREAM WATER QUALITY.AMENDING THE SWPPP DOES NOT MEAN THAT IT HAS TO BE REPRINTED. IT IS ACCEPTABLE TOADD ADDENDA, SKETCHES, NEW SECTIONS, DETAILS, AND/OR REVISED DRAWINGS THAT HAVE THECEC NAME IN PRINT, ARE STAMPED, SIGNED, DATED, AND ARE ACCOMPANIED BY WRITTEN COPYOF THE ASSOCIATED RFI AND ITS RESPONSE FROM CEC. ENGINEERED ITEMS MUST BE SIGNEDAND STAMPED BY THE CEC OF RECORD FOR THE PROJECT.UPON IMPLEMENTATION AND INSTALLATION OF THE FOLLOWING AREAS: TRAILER, PARKING,LAYDOWN, PORTA-POTTY, WHEEL WASH, CONCRETE WASHOUT, FUEL AND MATERIALSTORAGE CONTAINERS, SOLID WASTE CONTAINERS, ETC., IMMEDIATELY DENOTE THEMON THE SITE MAPS AND NOTE ANY CHANGES IN LOCATION AS THEY OCCURTHROUGHOUT THE CONSTRUCTION PROCESS.BMP AND EROSION CONTROL INSTALLATION SEQUENCE SHALL BE AS FOLLOWS:1. INSTALL INLET PROTECTION AT EXISTING STORMWATER CULVERTS.2. CONSTRUCT STABILIZED CONSTRUCTION ENTRANCE (1), CONCRETE WASHOUT PIT (1)AND INSTALL SILT FENCE.3. PREPARE TEMPORARY PARKING AND STORAGE AREA.4. CONSTRUCT AND STABILIZE DIVERSIONS AND TEMPORARY SEDIMENT TRAPS.5. PERFORM CLEARING AND GRUBBING OF THE SITE. PERFORM MASS GRADING. ROUGHGRADE TO ESTABLISH PROPOSED DRAINAGE PATTERNS.6. START CONSTRUCTION OF THE BUILDING PAD AND STRUCTURES.7. TEMPORARILY SEED WITH PURE LIVE SEED, THROUGHOUT CONSTRUCTION,DISTURBED AREAS THAT WILL BE INACTIVE FOR 14 DAYS OR MORE OR AS REQUIREDBY NPDES AND/OR CITY OF EAGAN GRADING PERMIT.6(48(1&(2)&216758&7,216:33383'$7(6$1'$0(1'0(176ROCK ENTRANCEINLET PROTECTIONSILT FENCELIMITS OF DISTURBANCEDIVERSION DITCHDRAINAGE BOUNDARYSOIL BOUNDARY,03(59,2863(59,2866800$5<DISTURBED AREA 3.39 ACRESEXISTING PERVIOUS AREA 0.53 ACRESEXISTING IMPERVIOUS AREA 2.86 ACRESPROPOSED PERVIOUS AREA 0.63 ACRESPROPOSED IMPERVIOUS AREA 2.76 ACRESTHE SITE DRAINS TO AN EXISTING STORM SEWER STUBTHAT DRAINS TO A REGIONAL STORMWATER SYSTEMPOND LOCATED APPROXIMATELY 600 FEET NORTHEASTOF THE SITE ADJACENT TO HIGHWAY 13. THE REGIONALSYSTEM ULTIMATELY DISCHARGES TO THE MINNESOTARIVER LOCATED 1.2 MILES AWAY FROM THE SITE6(',0(1775$3SEDIMENTTRAPTRIBUTARYAREATRAP AREA(4' DEPTH)TRAPVOLUME(3,600CF/ACRE)ST-1 1.42 ACRES1,350 SF 5,150 CFST-2 1.88 ACRES1,900 SF 6,800 CFSEDIMENT TRAPST-XX.XX%EXISTING SURFACE SLOPEW,ϭZK^/KEKEdZK>W>EEXISTING PROPERTY LINEηϭ ŝƚLJZĞǀŝƐŝŽŶ ϬϭͲϬϯͲϭϴ PROPOSED BUILDING47,985 SFP1=803.8P2=814.8L1=824.8RESTAURANTFFE=803.8AMENITY AREAEL:824.8AMENITYAREAEL:820.8SILT FENCE(TYP.)INLET PROTECTION(TYP.)ROCK CONSTRUCTIONENTRANCEINLET PROTECTION(TYP.)EROSION CONTROLBLANKET W/BIOROLLSZt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKsNORTHϯ͘ϭPROPOSED STORM SEWEREXISTING CONTOURPROPOSED CONTOUR925PROPOSED STORM MANHOLE (ROUND INLET CASTING)PROPOSED CATCH BASINPROPERTY LINE/(*(1'ROCK ENTRANCEINLET PROTECTIONSILT FENCELIMITS OF DISTURBANCEEROSION CONTROLBLANKETD(526,21&21752/3/$1127(61. ALL PERIMETER SILT FENCE AND ROCK CONSTRUCTION ENTRANCES SHALL BEINSTALLED PRIOR TO CONSTRUCTION.2. THE CONTRACTOR SHALL CONSTRUCT DRAINAGE BASINS PRIOR TO SITE GRADING.3. THE CONTRACTOR SHALL INSTALL CATCH BASIN EROSION CONTROL MEASURES.4. WITHIN TWO WEEKS (14 DAYS) OF SITE GRADING, ALL DISTURBED AREAS SHALL BESTABILIZED WITH SEED, SOD, OR ROCK BASE. REFER TO LANDSCAPE PLANS FORMATERIALS.5. ALL EROSION CONTROL MEASURES SHALL BE INSTALLED AND MAINTAINED INACCORDANCE WITH CITY, STATE, AND WATERSHED DISTRICT PERMITS.6. THE CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROL MEASURES, INCLUDINGTHE REMOVAL OF SILT IN FRONT OF SILT FENCES DURING THE DURATION OF THECONSTRUCTION.7. ANY EXCESS SEDIMENT IN PROPOSED BASINS SHALL BE REMOVED BY THECONTRACTOR.8. REMOVAL ALL EROSION CONTROL MEASURES AFTER VEGETATION IS ESTABLISHED.9. THE CONTRACTOR SHALL REMOVE ALL SOILS AND SEDIMENT TRACKED ONTO EXISTINGSTREETS AND PAVED AREAS AND SHALL SWEEP ADJACENT STREETS AS NECESSARYIN ACCORDANCE WITH CITY REQUIREMENTS.10. IF BLOWING DUST BECOMES A NUISANCE, THE CONTRACTOR SHALL APPLY WATERFROM A TANK TRUCK TO ALL CONSTRUCTION AREAS.THE GC MUST UPDATE THE SWPPP, INCLUDING THE JOBSITE BINDER AND SITE MAPS, TO REFLECTTHE PROGRESS OF CONSTRUCTION ACTIVITIES AND GENERAL CHANGES TO THE PROJECT SITE.UPDATES SHALL BE MADE DAILY TO TRACK PROGRESS WHEN ANY OF THE FOLLOWING ACTIVITIESOCCUR: BMP INSTALLATION, MODIFICATION OR REMOVAL, CONSTRUCTION ACTIVITIES (E.G.,PAVING, STORM SEWER INSTALLATION, FOOTING INSTALLATION, ETC.), CLEARING, GRUBBING ORGRADING, OR TEMPORARY OR PERMANENT STABILIZATION.,03257$17THE GENERAL CONTRACTOR MUST SUBMIT A REQUEST FOR INFORMATION (RFI) TO THE CEC ANDOBTAIN WRITTEN CEC APPROVAL BEFORE DOING ANY OF THE FOLLOWING:1. MODIFYING EROSION OR SEDIMENT CONTROL BMPS (SUBSTITUTIONS ARE TYPICALLY ONLYAPPROVED IF SPECIFIED MATERIALS ARE NOT AVAILABLE OR THERE IS A VALID REASON THESPECIFIED BMP WILL NOT WORK)2. ADDING/DELETING EROSION OR SEDIMENT CONTROL BMPS;3. MODIFYING THE SWPPP IMPLEMENTATION SEQUENCE; OR4. PERFORMING ANY ACTIONS OR IN ANY MANNER THAT IS CONTRARY TO THE SWPPP.THE CONTRACTOR MAY MODIFY OR ADD ADDITIONAL BMPS, WITHOUT CEC APPROVAL, IN ANEMERGENCY SITUATION TO PREVENT SEDIMENT DISCHARGE OR PROTECT WATER QUALITY;HOWEVER, GC MUST NOTIFY THE CEC AS SOON AS PRACTICAL AS TO THEIR ACTIONS TO DISCUSSTHE NEED FOR ADDITIONAL OR SUPPLEMENTAL MEASURES AND TO OBTAIN THE REQUIREDAPPROVALS. THE CONTRACTOR IS ULTIMATELY RESPONSIBLE TO ENSURE COMPLIANCE WITH THEPERMIT AND PROTECTION OF DOWNSTREAM WATER QUALITY.AMENDING THE SWPPP DOES NOT MEAN THAT IT HAS TO BE REPRINTED. IT IS ACCEPTABLE TOADD ADDENDA, SKETCHES, NEW SECTIONS, DETAILS, AND/OR REVISED DRAWINGS THAT HAVE THECEC NAME IN PRINT, ARE STAMPED, SIGNED, DATED, AND ARE ACCOMPANIED BY WRITTEN COPYOF THE ASSOCIATED RFI AND ITS RESPONSE FROM CEC. ENGINEERED ITEMS MUST BE SIGNEDAND STAMPED BY THE CEC OF RECORD FOR THE PROJECT.UPON IMPLEMENTATION AND INSTALLATION OF THE FOLLOWING AREAS: TRAILER, PARKING,LAYDOWN, PORTA-POTTY, WHEEL WASH, CONCRETE WASHOUT, FUEL AND MATERIALSTORAGE CONTAINERS, SOLID WASTE CONTAINERS, ETC., IMMEDIATELY DENOTE THEMON THE SITE MAPS AND NOTE ANY CHANGES IN LOCATION AS THEY OCCURTHROUGHOUT THE CONSTRUCTION PROCESS.BMP AND EROSION CONTROL INSTALLATION SEQUENCE SHALL BE AS FOLLOWS:1. INSTALL INLET PROTECTION AT EXISTING STORMWATER CULVERTS.2. CONSTRUCT STABILIZED CONSTRUCTION ENTRANCE (1), CONCRETE WASHOUT PIT (1)AND INSTALL SILT FENCE.3. PREPARE TEMPORARY PARKING AND STORAGE AREA.4. CONSTRUCT AND STABILIZE DIVERSIONS AND TEMPORARY SEDIMENT TRAPS.5. PERFORM CLEARING AND GRUBBING OF THE SITE. PERFORM MASS GRADING. ROUGHGRADE TO ESTABLISH PROPOSED DRAINAGE PATTERNS.6. START CONSTRUCTION OF THE BUILDING PAD AND STRUCTURES.7. TEMPORARILY SEED WITH PURE LIVE SEED, THROUGHOUT CONSTRUCTION,DISTURBED AREAS THAT WILL BE INACTIVE FOR 14 DAYS OR MORE OR AS REQUIREDBY NPDES AND/OR CITY OF EAGAN GRADING PERMIT.6(48(1&(2)&216758&7,216:33383'$7(6$1'$0(1'0(176EXISTING STORM SEWEREXISTING STORM MANHOLE EXISTING CATCH BASIN THE SITE DRAINS TO AN EXISTING STORM SEWER STUBTHAT DRAINS TO A REGIONAL STORMWATER SYSTEMPOND LOCATED APPROXIMATELY 600 FEET NORTHEASTOF THE SITE ADJACENT TO HIGHWAY 13. THE REGIONALSYSTEM ULTIMATELY DISCHARGES TO THE MINNESOTARIVER LOCATED 1.2 MILES AWAY FROM THE SITEW,ϮZK^/KEKEdZK>W>EEXISTING PROPERTY LINEBIOROLL,03(59,2863(59,2866800$5<DISTURBED AREA 3.39 ACRESEXISTING PERVIOUS AREA 0.53 ACRESEXISTING IMPERVIOUS AREA 2.86 ACRESPROPOSED PERVIOUS AREA 0.63 ACRESPROPOSED IMPERVIOUS AREA 2.76 ACRES PROPOSED BUILDING47,985 SFP1=803.8P2=814.8L1=824.8RESTAURANTFFE=803.8AMENITY AREAEL:824.8AMENITYAREAEL:820.82.21%2.24%2.15%2.12%2.12%2.12%2.15%1.57%1.25%1.60%1.63%2.87%2.53%3.66%2.49%3.86%1.52%1.88%7.41%6.97%7.35%1.88%2.79%2.78%4.25% 2.21%10 - 11" TREADSW/ 6" RISERS10 - 11" TREADS W/ 6" RISERS5 - 11" TREADS W/ 6" RISERS5 - 11" TREADS W/ 6-1/2" RISERSZt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKsNORTHϱ͘Ϭ'Z/E'EZ/E'W>E*5$',1*3/$1127(61. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CITY OF EAGAN, SPECIFICATIONS ANDBUILDING PERMIT REQUIREMENTS.2. CONTRACTOR TO CALL GOPHER STATE CALL ONE @ <1-800-252-1166> AT LEAST TWO WORKING DAYSPRIOR TO EXCAVATION/CONSTRUCTION FOR UTILITY LOCATIONS.3. STORM SEWER PIPE SHALL BE AS FOLLOWS:RCP PER ASTM C-76HDPE: 0" - 10" PER AASHTO M-252HDPE: 12" OR GREATER PER ASTM F-2306PVC SCH. 40 PER ASTM D-3034STORM SEWER FITTINGS SHALL BE AS FOLLOWS:RCP PER ASTM C-76, JOINTS PER ASTM C-361, C-990, AND C-443HDPE PER ASTM 3212PVC PER ASTM D-3034, JOINTS PER ASTM D-32124. CONTRACTOR TO FIELD VERIFY THE LOCATIONS AND ELEVATIONS OR EXISTING UTILITIES ANDTOPOGRAPHIC FEATURES PRIOR TO THE START OF SITE GRADING. THE CONTRACTOR SHALLIMMEDIATELY NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS.5. SUBGRADE EXCAVATION SHALL BE BACKFILLED IMMEDIATELY AFTER EXCAVATION TO HELP OFFSET ANYSTABILITY PROBLEMS DUE TO WATER SEEPAGE OR STEEP SLOPES. WHEN PLACING NEW SURFACEMATERIAL ADJACENT TO EXISTING PAVEMENT, THE EXCAVATION SHALL BE BACKFILLED PROMPTLY TOAVOID UNDERMINING OF EXISTING PAVEMENT.6. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL.7. CONTRACTOR SHALL EXCAVATE DRAINAGE TRENCHES TO FOLLOW PROPOSED STORM SEWERALIGNMENTS.8. GRADES SHOWN ARE FINISHED GRADES. CONTRACTOR SHALL ROUGH GRADE TO SUBGRADE ELEVATIONAND LEAVE STREET READY FOR SUBBASE.9. ALL EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ANY ABANDONED UTILITY ITEMS, ANDOTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BEDISPOSED OF OFF THE CONSTRUCTION SITE.10. REFER TO THE UTILITY PLAN FOR SANITARY SEWER MAIN, WATER MAIN SERVICE LAYOUT AND ELEVATIONSAND CASTING / STRUCTURE NOTATION.11. CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION OF PAVEMENTS AND CURB AND GUTTER WITHSMOOTH UNIFORM SLOPES TO PROVIDE POSITIVE DRAINAGE.12. INSTALL A MINIMUM OF 6" CLASS 5 AGGREGATE BASE UNDER CURB AND GUTTER AND CONCRETESIDEWALKS.13. UPON COMPLETION OF EXCAVATION AND FILLING, CONTRACTOR SHALL RESTORE ALL STREETS ANDDISTURBED AREAS ON SITE. ALL DISTURBED AREAS SHALL BE RE-VEGETATED WITH A MINIMUM OF 4" OFTOPSOIL.14. ALL SPOT ELEVATIONS/CONTOURS ARE TO GUTTER / FLOW LINE UNLESS OTHERWISE NOTED.15. GRADING FOR ALL SIDEWALKS AND ACCESSIBLE ROUTES INCLUDING CROSSING DRIVEWAYS SHALLCONFORM TO CURRENT ADA STATE/NATIONAL STANDARDS. IN NO CASE SHALL ACCESSIBLE RAMP SLOPESEXCEED 1 VERTICAL TO 12 HORIZONTAL. IN NO CASE SHALL SIDEWALK CROSS SLOPES EXCEED 2% . IN NOCASE SHALL LONGITUDINAL SIDEWALK SLOPES EXCEED 5%. IN NO CASE SHALL ACCESSIBLE PARKINGSTALLS OR AISLES EXCEED 2% (1.5% TARGET) IN ALL DIRECTIONS. SIDEWALK ACCESS TO EXTERNALBUILDING DOORS AND GATES SHALL BE ADA COMPLIANT. CONTRACTOR SHALL NOTIFY ENGINEERIMMEDIATELY IF ADA CRITERIA CANNOT BE MET IN ANY LOCATION PRIOR TO PAVING. NO CONTRACTORCHANGE ORDERS WILL BE ACCEPTED FOR A.D.A COMPLIANCE ISSUES.16. MAINTAIN A MINIMUM OF 0.5% GUTTER SLOPE TOWARDS LOW POINTS.17. CONTRACTOR TO PROVIDE 3" INSULATION BY 5' WIDE CENTERED ON STORM PIPE IF LESS THAN 4' OFCOVER IN PAVEMENT AREAS AND LESS THAN 3' OF COVER IN LANDSCAPE AREAS.18. ALL STORM SEWER CONNECTIONS SHALL BE GASKETED AND WATER TIGHT INCLUDING MANHOLECONNECTIONS.19. ALL STORM SEWER PIPE SHALL BE AIR TESTED IN ACCORDANCE WITH THE CURRENT PLUMBING CODE.20. MAINTAIN A MINIMUM OF 1.25% SLOPE IN BITUMINOUS PAVEMENT AREAS, 0.5% SLOPE IN CONCRETEPAVEMENT AREAS.21. CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT "INFALL CURB" WHERE PAVEMENTDRAINS TOWARD GUTTER, AND "OUTFALL" CURB WHERE PAVEMENT DRAINS AWAY FROM GUTTER.PROPOSED STORM SEWEREXISTING CONTOURPROPOSED CONTOUR925PROPOSED SPOT ELEVATION100.00PROPOSED HIGH POINT ELEVATION HP:0.0PROPOSED LOW POINT ELEVATION PROPOSED GUTTER ELEVATION PROPOSED TOP OF CURB ELEVATION PROPOSED FLUSH PAVEMENT ELEVATION LP:0.0G:0.00T:0.00PROPOSED EMERGENCY OVERFLOW T/G:0.0EOF:0.00.0%PROPOSED DRAINAGE DIRECTION 0.00%PROPOSED ADA SLOPE ME:0.0MATCH EXISTING ELEVATION PROPOSED STORM MANHOLE (SOLID CASTING)PROPOSED STORM CATCH BASIN (ROUND INLET CASTING)PROPOSED STORM CATCH BASIN (CURB INLET CASTING)PROPERTY LINE/(*(1'OVERHEADBUILDING LINE,03(59,2863(59,2866800$5<DISTURBED AREA 3.39 ACRESEXISTING PERVIOUS AREA 0.53 ACRESEXISTING IMPERVIOUS AREA 2.86 ACRESPROPOSED PERVIOUS AREA 0.63 ACRESPROPOSED IMPERVIOUS AREA 2.76 ACRESηϯ ŝƚLJZĞǀŝƐŝŽŶ ϬϭͲϭϮͲϭϴ PROPOSED BUILDING47,985 SFP1=803.8P2=814.8L1=824.8RESTAURANTFFE=803.8AMENITY AREAEL:824.8AMENITYAREAEL:820.8EXISTINGHYDRANTSALVAGE ANDRELOCATE EXISTINGHYDRANT 2' BEHINDPATH. COORDINATERELOCATION WITHCITY OF EAGANEXISTINGHYDRANTCONNECT TO EXISTING 8"DIP WATERMAIN STUB,CONTRACTOR SHALL FIELDVERIFY EXACT LOCATIONPRIOR TO CONSTRUCTION  ƒ%(1'66" DIP CL 52WATERMAINHYDRANT ANDVALVE ASSEMBLYCONNECT TO EXISTING 8"SANITARY SEWER STUB, IE:785.71CONTRACTOR SHALL FIELD VERIFYEXACT INVERT AND LOCATIONPRIOR TO CONSTRUCTION152 LF 8" PVCSDR 34 @ 4.0%CONNECT TOPLUMBINGWET TAP EXISTING 8" DIPWATERMAIN W/TAPPINGSLEEVE AND GATE VALVE,CONTRACTOR SHALL FIELDVERIFY EXACT LOCATIONPRIOR TO CONSTRUCTION8"X6" RED.8" DIP CL 52 WATERMAINCOMBINED FIRE AND DOMESTIC SERVICE102 LF 8" PVCSDR 34 @ 6.0%21 LF 8" PVC SDR26 @ 0.55%SAN MH#1RIM= 801.45INV(N)=785.83INV(W)=787.73INV(S)=787.73SAN STUBINV=793.80SAN STUBINV=793.80C.O.GREASETRAPEXISTING IRRIGATIONSERVICECONNECT TO EXISTING STUBW/ DOGHOUSE MANHOLEINV=793.34 ( CONTRACTOR TOFIELD VERIFY PRIOR TOCONSTRUCTIONTRANSFORMERAND GENERATORSAN TOP:790.2STM BTM:795.4SAN TOP:793.4STM BTM:796.7INV=791.26SAN STUB=793.80TRENCH DRAINRIM=804.20INV=802.70ƒ%(1'Zt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKsNORTHϲ͘Ϭhd/>/dzW>EPROPERTY LINE/(*(1'87,/,7<3/$1127(61. ALL FILL MATERIAL IS TO BE IN PLACE, AND COMPACTED BEFORE INSTALLATIONOF PROPOSED UTILITIES.2. SANITARY SEWER PIPE SHALL BE AS FOLLOWS:8" PVC SDR35 PER ASTM D-3034, FOR PIPES LESS THAN 18' DEEP8" PVC SDR26 PER ASTM D-3034, FOR PIPES MORE THAN 18' DEEP6" PVC SDR 26 PER ASTM D-30343. WATER LINES SHALL BE AS FOLLOWS:6" AND LARGER, DIP CLASS 524. STORM SEWER PIPE SHALL BE AS FOLLOWS:RCP PER ASTM C-76HDPE: 0" - 10" PER AASHTO M-252HDPE: 12" OR GREATER PER ASTM F-2306PVC SCH. 40 PER ASTM D-3034STORM SEWER FITTINGS SHALL BE AS FOLLOWS:RCP PER ASTM C-76, JOINTS PER ASTM C-361, C-990, AND C-443HDPE PER ASTM 3212PVC PER ASTM D-3034, JOINTS PER ASTM D-32125. MINIMUM TRENCH WIDTH SHALL BE 2 FEET.6. ALL WATER JOINTS ARE TO BE MECHANICAL JOINTS WITH RESTRAINTS SUCH ASTHRUST BLOCKING, WITH STAINLESS STEEL OR COBALT BLUE BOLTS, OR ASINDICATED IN THE CITY SPECIFICATIONS AND PROJECT DOCUMENTS.7. ALL UTILITIES SHOULD BE KEPT TEN (10') APART (PARALLEL) OR WHEN CROSSING18" VERTICAL CLEARANCE (OUTSIDE EDGE OF PIPE TO OUTSIDE EDGE OF PIPE ORSTRUCTURE).8. CONTRACTOR SHALL MAINTAIN A MINIMUM OF 7'-6" COVER ON ALL WATERLINES. +N THE EVENT OF A VERTICAL CONFLICT BETWEEN WATER LINES, SANITARY LINES,STORM LINES AND GAS LINES, OR ANY OBSTRUCTION (EXISTING AND PROPOSED),THE SANITARY LINE SHALL BE SCH. 40 OR C900 WITH MECHANICAL JOINTS ATLEAST 10 FEET ON EITHER SIDE OF THE CENTER LINE OF THE CROSSING. THEWATER LINE SHALL HAVE MECHANICAL JOINTS WITH APPROPRIATE FASTENERS ASREQUIRED TO PROVIDE A MINIMUM OF 18" VERTICAL SEPARATION. MEETINGREQUIREMENTS OF ANSI A21.10 OR ANSI 21.11 (AWWA C-151) (CLASS 50).10. LINES UNDERGROUND SHALL BE INSTALLED, INSPECTED AND APPROVED BEFOREBACKFILLING.11. TOPS OF MANHOLES SHALL BE RAISED AS NECESSARY TO BE FLUSH WITHPROPOSED PAVEMENT ELEVATIONS, AND TO BE ONE FOOT ABOVE FINISHEDGROUND ELEVATIONS, IN GREEN AREAS, WITH WATERTIGHT LIDS.12. ALL CONCRETE FOR ENCASEMENTS SHALL HAVE A MINIMUM 28 DAY COMPRESSIONSTRENGTH AT 3000 P.S.I.13. EXISTING UTILITIES SHALL BE VERIFIED IN FIELD PRIOR TO INSTALLATION OF ANYNEW LINES.14. REFER TO INTERIOR PLUMBING DRAWINGS FOR TIE-IN OF ALL UTILITIES.15. CONTRACTOR IS RESPONSIBLE FOR COMPLYING TO THE SPECIFICATIONS OF THECITY OF EAGAN AND/OR STATE OF MINNESOTA WITH REGARDS TO MATERIALS ANDINSTALLATION OF THE WATER AND SEWER LINES.16. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/ORELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ONRECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE,MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ONAS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATEUTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATION TO REQUESTEXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THECONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THEPROPOSED IMPROVEMENTS SHOWN ON THE PLANS.17. CONTRACTOR IS RESPONSIBLE FOR ALL NECESSARY INSPECTIONS AND/ORCERTIFICATIONS REQUIRED BY CODES AND/OR UTILITY SERVICE COMPANIES.18. CONTRACTOR SHALL COORDINATE WITH ALL UTILITY COMPANIES FORINSTALLATION REQUIREMENTS AND SPECIFICATIONS.19. CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING ANDELECTRICAL PLAN.20. BACKFLOW DEVICES (DDCV AND PRZ ASSEMBLIES) AND METERS ARE LOCATED INTHE INTERIOR OF THE BUILDING. REF. ARCH / MEP PLANS.21. ALL ONSITE WATERMAINS AND SANITARY SEWERS SHALL BE PRIVATELY OWNEDAND MAINTAINED.22. ALL WATERMAIN STUBOUTS SHALL BE MECHANICALLY RESTRAINED WITHREACTION BLOCKING.PROPOSED SANITARY SEWER MANHOLEPROPOSED STORM SEWERPROPOSED SANITARY SEWERPROPOSED WATERMAINPROPOSED GATE VALVEPROPOSED HYDRANTPROPOSED TEEPROPOSED REDUCERPROPOSED UNDERGROUND ELECTRICPROPOSED TELEPHONEPROPOSED GAS MAINCOPROPOSED SANITARY CLEANOUTCONSTRUCT MANHOLEOVER EXISTING SEWER(FIELD VERIFY LOCATIONAND INVERT)PROPOSED STORM MANHOLE (SOLID CASTING)PROPOSED STORM MANHOLE (ROUND INLET CASTING)PROPOSED STORM MANHOLE/ CATCH BASIN (CURB INLET CASTING)(4) 10-LF 6"PERFORATEDDRAIN TILE(TYP)EXISTING PROPERTY LINEηϯ ŝƚLJZĞǀŝƐŝŽŶ ϬϭͲϭϮͲϭϴ 9 - SKH2 - KCT9 - BLN2 - SKH3 - BHS5 - PAE2 - CSO1 - SWO2 - SWO2 - SWO2 - SWO1 - SWO5 - KCT1 - SKH2 - CSO4 - CSO9 - AYW13 - ASB3 - CSO23 - CSO22 - ABS1- ABSPROPOSED BUILDING47,985 SFP1=803.8P2=814.8L1=824.8RESTAURANTFFE=803.8AMENITY AREAEL:824.8AMENITYAREAEL:820.8TREES QTY BOTANICAL NAME COMMON NAME CONT CALASB 13 AESCULUS SYLVATICA `AUTUMN SPLENDOR` AUTUMN SPLENDOR BUCKEYE B & B 2.5" CAL.ABS 3 AMELANCHIER X GRANDIFLORA 'AUTUMN BRILLIANCE' AUTUMN BRILLIANCE SERVICEBERRY B & B 2.5" CAL.AYW 10 CLADRASTIS KENTUKEAAMERICAN YELLOWWOODB & B 2.5" CAL.SKH12GLEDITSIA TRIACANTHOS `DRAVES` STREET KEEPER HONEY LOCUST B & B 2.5" CAL.KCT7GYMNOCLADUS DIOICA `ESPRESSO` KENTUCKY COFFEETREE B & B 2.5" CAL.BHS3PICEA GLAUCA `DENSATA` BLACK HILLS SPRUCE B & B6` HT.CSO8QUERCUS ALBA X QUERCUS ROBUR CRIMSON SPIRE OAK B & B 2.5" CAL.CSO26QUERCUS ALBA X QUERCUS ROBUR- MITIGATION TREE CRIMSON SPIRE OAK- MITIGATION TREE B & B 2.5" CAL.SWO8QUERCUS BICOLOR SWAMP WHITE OAK B & B 2.5" CAL.BLN 9TILIA AMERICANA `BOULEVARD` BOULEVARD LINDEN B & B 2.5" CAL.PAE 5ULMUS X `PATRIOT` PATRIOT ELM B & B 2.5" CAL.SHRUBS QTY BOTANICAL NAME COMMON NAME SIZE SPACINGRGD33CORNUS ALBA SIBERICA `REGNAZUM` RED GNOME DOGWOOD #5 CONT. 48" OCAFD 10CORNUS STOLONIFERA `ARCTIC FIRE` ARCTIC FIRE DOGWOOD #5 CONT. 48" O.C.SBF92FORSYTHIA X `NIMBUS` SHOW OFF SUGAR BABY FORSYTHIA #2 CONT. 24" O.C.GLJ4JUNIPERUS CHINENSIS `GOLD LACE` GOLD LACE JUNIPER #5 CONT. 60" O.C.BDJ 8JUNIPERUS COMMUNIS DEPRESSA `BLUEBERRY DELIGHT` BLUEBERRY DELIGHT JUNIPER #2 CONT. 48" OCBPJ 16JUNIPERUS HORIZONTALIS `BLUE PRINCE` BLUE PRINCE JUNIPER #2 CONT. 36" O.C.BCN111PHYSOCARPUS OPULIFOLIUS `PODARAS 1` BURGUNDY CANDY NINEBARK #2 CONT. 24" O.C.GLS69RHUS AROMATICA `GRO-LOW` GRO-LOW FRAGRANT SUMAC #5 CONT. 48" OCNFS36SPIRAEA X 'NEON FLASH' NEON FLASH SPIREA #2 CONT. 36" O.C.TYW 61TAXUS X MEDIA `TAUNTONII` TAUNTON YEW #5 CONT. 36" O.C.TAV31 THUJA OCCIDENTALIS `BAIL JOHN` TECHNITO ARBORVITAE #5 CONT. 60" O.C.CEC 29 VIBURNUM OPULUS `COMPACTUM` COMPACT EUROPEAN CRANBERRYBUSH #5 CONT. 60" O.C.PERENNIALS QTY BOTANICAL NAME COMMON NAME SIZE SPACINGKFG 330 CALAMAGROSTIS ACUTIFLORA KARL FOERSTER KARL FOERSTER GRASS #1 CONT. 24" O.C.RRS 138 PANICUM VIRGATUM `RUBY RIBBONS` RUBY RIBBONS SWITCH GRASS #1 CONT. 24" O.C.MWP 36 POTENTILLA FRUTICOSA `MCKAY`S WHITE` MCKAY`S WHITE POTENTILLA #2 CONT. 30" O.C.PDS 104SPOROBOLUS HETEROLEPIS PRAIRIE DROPSEED #1 CONT. 24" OCWLC13NEPETA X FAASSENII 'WALKER'S LOW' WALKER'S LOW CATMINT #2 CONT. 36" O.C.COOL DAYLILYMIX715ASSORTED DAYLILIES: BELA LUGOSI, JUST PLUM HAPPY,LAVENDAR STARDUST, MARQUE MOON, PASSIONATERETURNS, SCOTTISH FANTASYHEMEROCALLIS X SPECIES #1 CONT. 18" O.C.WARMDAYLILY MIX916 ASSORTED DAYLILIES: CHICAGO APACHE, BODACIOUSRETURNS, DESERT FLAME, HYPERION, HOLIDAY SONG,MAUNA LOA, PARDON ME, RUBY STELLA, RED RAZZMATAZZHEMEROCALLIS X SPECIES #1 CONT. 18" O.C.PLANT SCHEDULEZt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂůŝĐĞŶƐĞĚůĂŶĚƐĐĂƉĞĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͘ŚĂƌůĞƐZ͘^ƚĞǁĂƌƚϰϴϰϲϬ<' Z^^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKsNORTH>ϭ͘Ϭ>E^WW>ELANDSCAPE CODE REQUIREMENTSCITY OF EAGAN CODEREQUIREDPROPOSEDTHE LANDSCAPE PLAN AND LANDSCAPINGTHEREUNDER SHALL PROVIDE FOR PLANT MATERIALEQUAL TO THREE PERCENT OF THE VALUE OF THEBUILDING(S), NOT INCLUDING THE COST OF LAND ANDSITE IMPROVEMENTS. CREDIT MAY BE GIVEN FOREXISTING PLANT MATERIALS, WHICH WILL BEPRESERVED. THE CITY MAY APPROVE A LANDSCAPEPLAN WHICH DOES NOT MEET THIS STANDARD, WHERETHE INTENT AND PURPOSE OF THIS SUBDIVISION ISOTHERWISE MET.APPROXIMATELY$750,000 OF PLANTMATERIAL, ORPLANTING PLANMEETING INTENT OFSUBDIVISION$120,000 ESTIMATEDLANDSCAPEIMPROVEMENTS.PLANTING PLANCONSISTENT WITHCEDAR GROVEDISTRICT.ALL PARKING, LOADING SERVICE, UTILITY, AND OUTDOORSTORAGE AREAS SHALL BE SCREENED AND BUFFEREDFROM ALL PUBLIC STREETS AND ADJACENT DIFFERINGLAND USE BY A COMBINATION OF ANY OF THEFOLLOWING: BERMS, WALLS, FENCES, SHRUBS,DECIDUOUS OVERSTORY, UNDERSTORY ORCONIFEROUS TREES OR HEDGE MATERIALS. THE HEIGHTAND DEPTH OF THE SCREENING SHALL BE CONSISTENTWITH THE HEIGHT AND SIZE OF THE AREA TO BESCREENED. WHEN NATURAL MATERIALS, SUCH AS TREESOR HEDGES, ARE USED TO MEET THE SCREENINGREQUIREMENTS OF THIS ITEM, DENSITY AND SPECIES OFPLANTING SHALL BE SUCH AS TO ACHIEVE 75 PERCENTOPACITY YEAR ROUND AT MATURITY.SCREENING OFPARKING AREAS ANDTRANSFORMERSSCREENING OFPARKING AREAS ANDTRANSFORMERS.TRANSFORMERS HAVEA WALL ON 3 SIDESWITH HEDGEROW ATTHE FRONT TO ALLOWFOR ACCESS.AT LEAST TEN PERCENT OF THE TOTAL LAND AREAWITHIN THE PERIMETER OF PRIVATE PARKING ANDDRIVEWAY AREAS SHALL BE LANDSCAPED. LANDSCAPEDAREAS PROVIDED WITHIN THE BUILD-TO LINE MAY BECREDITED TOWARD THIS TEN PERCENT LANDSCAPINGREQUIREMENT ON A SQUARE-FOOT-FOR-SQUARE-FOOTBASIS, FOR UP TO HALF OF THE TEN PERCENTREQUIREMENT, OR FIVE PERCENT.TOTAL LAND AREAWITHIN PERIMETER OFPRIVATE PARKINGAND DRIVEWAY: 44,357SF10% = 4,436 SF2,208 SF (INTERNAL)+ 2,218 (BUILD-TO LINE)= 4,426 SFPARKING LOT LANDSCAPED ISLANDS SHALL BE AMINIMUM OF 150 SQUARE FEET IN AREA AND INCLUDE ATLEAST ONE OVERSTORY OR EVERGREEN TREE.6 ISLAND TREES ANDLANDSCAPING6 ISLAND TREES ANDLANDSCAPINGWHERE PARKING ABUTS THE SITE PERIMETER THERESHALL BE PROVIDED AT LEAST ONE OVERSTORY TREEPER 25 FEET OF SITE PERIMETER.355 LF OF SITEPERIMETER ABUTTEDBY PARKING / 25 =APPROXIMATELY 15OVERSTORY TREES 16 OVERSTORY TREESAT LEAST ONE OVERSTORY TREE SHALL BE PROVIDEDFOR EVERY 500 SQUARE FEET OF LANDSCAPED AREA ONTHE ENTIRE SITE.19,096 SF OFLANDSCAPED AREA /500 = APPROXIMATELY39 OVERSTORY TREES39 OVERSTORY TREESREPLACEMENT TREES FOR SIGNIFICANT TREESREMOVED FROM SITE. SEE SHEET L1.2.6 CATEGORY BREPLACEMENT TREES6 CATEGORY BREPLACEMENT TREESLANDSCAPE NOTES1. VERIFY ALL LANDSCAPE IMPROVEMENTS WITH REMOVALS AND SITEWORK.2. ALL DISTURBED LANDSCAPED AREAS, NOT INDICATED AS PLANTING BEDS, ARE TO BE SODDED. SODTYPE IS TO BE PRIMARILY KENTUCKY BLUEGRASS, FREE OF WEEDS. REPLACE DAMAGED LAWN WITHMINERAL SOD AS DIRECTED BY ON-SITE REPRESENTATIVE. MATCH ALL PROPOSED LANDSCAPED AREASINTO EXISTING.3. SUBCONTRACTOR TO VERIFY PLANTS REQUIRED AS REFLECTED ON PLAN.4. ALL PLANTING BEDS ABUTTING SODDED AREAS SHALL BE EDGED WITH STEEL EDGER, ANCHORED 4'-0"O.C. WITH METAL SPIKES, COLOR BLACK. REFER TO DETAIL ON SHEET L1.3.5. ALL LANDSCAPE AREAS SHALL HAVE TOPSOIL PLACED AT MINIMUM DEPTH OF 4" FOR SOD AREAS, 12"FOR SHRUB/PERENNIAL/ANNUAL BEDS, AND 24" FOR TREE AREAS.6. SINGLE TREE AND SHRUB PLANTINGS SHALL HAVE A 4" DEPTH SHREDDED HARDWOOD MULCH RINGAROUND EACH BASE. TREES SHALL HAVE A MINIMUM 3' DIAMETER RING. DOUBLE-SHREDDED HARDWOODBARK MULCH SHALL BE A MINIMUM OF 4" IN DEPTH, FREE OF ALL DELETERIOUS MATERIAL AND NOT INCONTACT WITH TREE TRUNK.7. WATER PLANT MATERIAL DURING INSTALLATION AND FOR A 60 DAY ESTABLISHMENT PERIOD. VOLUMEOF WATER TO BE PER PLANT REQUIREMENT FOR ESTABLISHMENT AND NORMAL GROWTH.8. WARRANTY NEW SOD FOR 60 DAYS AND NEW PLANTINGS FOR TWO YEARS UPON PROJECT COMPLETION.9. ALL PLANT MATERIAL SHALL BE HEALTHY, VIGOROUS, AND FREE OF PESTS AND DISEASE.10. ALL PLANT MATERIAL SHALL BE CONTAINER GROWN OR BALLED AND BURLAPPED PER PLANT SCHEDULE.11. ALL MATERIALS ARE SUBJECT TO THE APPROVAL OF THE LANDSCAPE ARCHITECT BEFORE, DURING, ANDAFTER INSTALLATION.14. ENSURE DELIVERY, SCHEDULE, AND PROTECTION BETWEEN DELIVERY AND PLANTING TO MAINTAINHEALTHY PLANT CONDITIONS.15. THE CONTRACTOR SHALL BE RESPONSIBLE FOR FULLY MAINTAINING, INCLUDING BUT NOT LIMITED TO,WATERING, SPRAYING, MULCHING, AND FERTILIZING ALL OF THE PLANT MATERIALS AND LAWN DURINGTHE PLANT ESTABLISHMENT PERIOD.16. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALLUNDERGROUND UTILITIES AND SHALL AVOID DAMAGE TO ALL UTILITIES DURING THE COURSE OF THEWORK. LOCATIONS OF EXISTING BURIED UTILITY LINES SHOWN ON THE PLANS ARE BASED UPON BESTAVAILABLE INFORMATION AND ARE TO BE CONSIDERED APPROXIMATE. IT SHALL BE THERESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE LOCATIONS OF UTILITY LINES WITHIN ANDADJACENT TO THE WORK AREA, TO PROTECT ALL UTILITY LINES DURING THE CONSTRUCTION PERIOD,AND TO REPAIR ANY AND ALL DAMAGE TO UTILITIES, STRUCTURES, SITE APPURTENANCES, ETC. WHICHOCCURS AS A RESULT OF THE CONSTRUCTION.17. STANDARDS SET FORTH IN "AMERICAN STANDARD FOR NURSERY STOCK" REPRESENT GUIDELINESPECIFICATIONS ONLY AND SHALL CONSTITUTE MINIMUM QUALITY REQUIREMENTS FOR PLANTMATERIAL.1. CITY OF EAGAN REQUIRES THAT ALL DISTURBED PERVIOUS AREAS RECEIVE SOIL COMPACTION REMEDIATIONPRIOR TO FINAL STABILIZATION. IMPLEMENTATION DOCUMENTATION SHALL BE PROVIDED TO CITY WATERRESOURCES STAFF TO VERIFY APPROVED SOIL MANAGEMENT STRATEGY COMPLIANCE. DOCUMENTATIONINCLUDES BUT IS NOT LIMITED TO: ON-SITE SOIL SAMPLES, COMPACTION TESTING, AND SOIL ORGANICCONTENT TEST RESULTS.2. SOIL REMEDIATION SHALL OCCUR PRIOR TO ANY INSTALLATION OF IRRIGATION SYSTEM COMPONENTS,TREES, SHRUBS, SOD AND/OR SEED.3. CONTRACTOR SHALL PROVIDE MINIMUM OF 24-HOUR NOTICE TO CITY WATER RESOURCES SPECIALIST(651-675-5335) TO ARRANGE INSPECTION OF SOIL LOOSENING / AMENDMENT PROCESS TO VERIFY SOILRESTORATION COMPLIANCE.4.ALL DISTURBED AREAS TO BE REVEGETATED (SOD, LANDSCAPING) SHALL HAVE 12-INCH MINIMUM DEPTH OFSOIL LOOSENING (E.G. SOIL RIPPING / VERTICAL SPADING) AND 3-INCH MINIMUM DEPTH OF MNDOT 3890GRADE 2 COMPOST INCORPORATED INTO THE TOP 6-INCH DEPTH OF SOIL TO RESTORE SOIL PERMEABILITY5. LOOSENED / AMENDED SOILS SHALL HAVE A MAXIMUM OF 200 PSI IN TOP 12-INCHES AND A MINIMUM OF 5%ORGANIC CONTENT IN TOP 6-INCHES OF SOIL.1. VERIFY PLAN LAYOUT AND BRING TO THE ATTENTION OF THE LANDSCAPE ARCHITECT DISCREPANCIESWHICH MAY COMPROMISE THE DESIGN OR INTENT OF THE LAYOUT.2. ASSURE COMPLIANCE WITH APPLICABLE CODES AND REGULATIONS.3. CONTRACTOR SHALL PROTECT EXISTING ROADS, CURBS/GUTTERS, TRAILS, TREES, LAWNS AND SITEELEMENTS DURING CONSTRUCTION OPERATIONS. DAMAGE TO SAME SHALL BE REPAIRED AT NOADDITIONAL COST TO THE OWNER.4. VERIFY ALIGNMENT AND LOCATION OF UNDERGROUND AND ABOVE GRADE UTILITIES AND PROVIDETHE NECESSARY PROTECTION FOR SAME BEFORE CONSTRUCTION BEGINS.5. COORDINATE THE PHASES OF CONSTRUCTION AND PLANTING INSTALLATION WITH OTHERCONTRACTORS WORKING ON SITE.6. REVIEW THE SITE FOR DEFICIENCIES IN SITE CONDITIONS WHICH MIGHT NEGATIVELY AFFECT PLANTESTABLISHMENT, SURVIVAL OR WARRANTY. UNDESIRABLE SITE CONDITIONS SHALL BE BROUGHT TOTHE ATTENTION OF THE LANDSCAPE ARCHITECT PRIOR TO COMMENCEMENT OF WORK.7. CONTRACTOR IS RESPONSIBLE FOR ONGOING MAINTENANCE OF NEWLY INSTALLED MATERIALS UNTILTIME OF SUBSTANTIAL COMPLETION. REPAIR ACTS OF VANDALISM OR DAMAGE WHICH MAY OCCURPRIOR TO SUBSTANTIAL COMPLETION SHALL BE THE RESPONSIBILITY OF THE LANDSCAPECONTRACTOR.8. EXISTING TREES OR SIGNIFICANT SHRUB MASSINGS FOUND ON SITE SHALL BE PROTECTED ANDSAVED UNLESS NOTED TO BE REMOVED OR ARE LOCATED IN AN AREA TO BE GRADED. QUESTIONSREGARDING EXISTING PLANT MATERIAL SHALL BE BROUGHT TO THE ATTENTION OF THE LANDSCAPEARCHITECT PRIOR TO REMOVAL.9. SYMBOLS ON PLAN DRAWING TAKE PRECEDENCE OVER SCHEDULES IF DISCREPANCIES IN QUANTITIESEXIST. SPECIFICATIONS AND DETAILS TAKE PRECEDENCE OVER NOTES.GENERAL NOTESSOIL MANAGEMENT STRATEGYLEGENDSHRUB / PERENNIAL BEDSSODCITY MONUMENT AREACOOL DAYLILY MIXWARM DAYLILY MIXηϯ ŝƚLJZĞǀŝƐŝŽŶ ϬϭͲϭϮͲϭϴ 7 - NFS6 - NFS9 - KFG11 - KFG42 - BCN36 - KFG18 - MWP2 - GLJ36 - KFG39 - BCN2 - GLJ18 - MWP30 - BCN7 - BPJ8 - NFS5 - TAV5 - TAV6 - TAV36 - KFG9 - BPJ15 - NFS36 - KFG6 - RGD50 - KFG5 - TAV6 - RGD6 - RGD6 - RGD6 - RGD6 - RGD6 - RGD6 - RGD8 - RGD10 - TYW8 - CEC3 - BDJ8 - CEC8 - RGD10 - TYW6 - RGD6 - RGD 36 - KFG10 - TYW10 - TYW17 - GLS22 - GLS30 - GLS4 - BDJ10 - AHA30 - KFG50 - KFG10 - AFD40 - SBF50 - KFG52 - SBF14 - AHA5 - TAV5 - TAV5 - TAV6 - RGD Zt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂůŝĐĞŶƐĞĚůĂŶĚƐĐĂƉĞĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͘ŚĂƌůĞƐZ͘^ƚĞǁĂƌƚϰϴϰϲϬ<' Z^^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKs>ϭ͘ϭd/>>E^WW>EDETAIL PLANTING PLANDETAIL PLANTING PLANDETAIL PLANTING PLANDETAIL PLANTING PLANDETAIL PLANTING PLANDETAIL PLANTING PLANDETAIL PLANTING PLANDETAIL PLANTING PLAN PROPOSED BUILDING47,985 SFP1=803.8P2=814.8L1=824.8RESTAURANTFFE=803.8AMENITY AREAEL:824.8AMENITYAREAEL:820.8MITIGATION TREES: 3 - CSO212MITIGATION TREES: 3 - CSO2Zt Z:/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚE'/EZƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞη ĂƚĞWZK:dEhDZZtEz ,<zdŚŽŵĂƐ>ŝŶĐŽůŶϮϭϰϯϯϭϮͬϮϬͬϮϬϭϳKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϲͬϮϬϭϳϰ͗ϯϵ͗ϮϴWDϭϮͬϮϬͬϭϳĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJΘ&ŝŶĂůWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ^,dEhDZϭϲϬϱϳϯϬϭϴ͘ϭ͘ϭϯϬƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂůŝĐĞŶƐĞĚůĂŶĚƐĐĂƉĞĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͘ŚĂƌůĞƐZ͘^ƚĞǁĂƌƚϰϴϰϲϬ<' Z^^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞd,WZ^ZsdZ'ZKsNORTH>ϭ͘ϮdZWZ^Zsd/KEED/d/'d/KEW>ETREE MITIGATION NOTES:1. THERE ARE 2 SIGNIFICANT TREES, ALSO SHOWN IN THE EXISTING TREES TABLE. TREES NOT MEETINGMINIMUM HEIGHT OR CALIPER REQUIREMENTS AND INVASIVE SPECIES ARE NOT DEFINED ASSIGNIFICANT.2. IN THE PROPOSED DESIGN, 0 OF THE 2 SIGNIFICANT TREES ARE PRESERVED AND 2 ARE REMOVED.3. PER CITY CODE, THIRTY PERCENT OF ALL SIGNIFICANT TREES (2 SIGNIFICANT TREES) CAN BEREMOVED WITHOUT REQUIRING MITIGATION. THE PROPOSED DESIGN MUST MITIGATE FOR THEREMOVAL OF 2 SIGNIFICANT TREES.4. ALL SIGNIFICANT TREES FALL INTO ONE OF THE CATEGORIES BELOW, AND MUST BE REPLACEDACCORDINGLY.5. THE PROPOSED DESIGN RECOMMENDS THE USE OF 6 CATEGORY B REPLACEMENT TREES.A. CATEGORY A TREES SHALL BE NO LESS THAN THE FOLLOWING SIZES:1. DECIDUOUS TREES, NOT LESS THAN FOUR INCHES IN DIAMETER.2. CONIFEROUS TREES, NOT LESS THAN 12 FEET IN HEIGHT.B. CATEGORY B TREES SHALL BE NO LESS THAN THE FOLLOWING SIZES:1. DECIDUOUS TREES, NOT LESS THAN TWO AND ONE-HALF INCHES IN DIAMETER.2. CONIFEROUS TREES, NOT LESS THAN SIX FEET IN HEIGHT.C. CATEGORY C TREES SHALL BE NO LESS THAN THE FOLLOWING SIZES:1. DECIDUOUS TREES, NOT LESS THAN ONE AND ONE-HALF INCHES IN DIAMETER. 2. CONIFEROUS TREES, NOT LESS THAN FOUR FEET IN HEIGHT.6. SIGNIFICANT TREE REPLACEMENTS WILL BE CALCULATED BY REPLACING THE LARGEST DIAMETERTREE FIRST, PROCEEDING DOWN TO THE SMALLEST DIAMETER SIGNIFICANT TREE.7. ONLY REPLACEMENT TREES ARE SHOWN. SEE SHEET L1.0 FOR EXACT TREE TYPES AND COMPLETEPLANT SCHEDULE.SIZE OF TREEDAMAGED ORDESTROYEDCATEGORY A CATEGORY B CATEGORY CNUMBER FORMITIGATIONNUMBERREQUIREDCONIFEROUS, 12 TO24 FEET HIGH1 2 4 1 x 2 = 2CONIFEROUS, OVER24 FEET HIGH2 4 8 1 x 4 = 4727$/180%(52)5(3/$&(0(1775((6 0,7,*$7,2175((6(;,67,1*75((67$%/(ID SPECIESCALIPER (IN.) 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TYP.9'-0"STALL16' - 8"32' - 0"15' - 8"AISLE24' - 0"STALL, TYP.18' - 0"GARAGE EXHAUST LOUVERPROPOSEDGARAGE EXHAUST AREA WELL BELOWUNEXCAVATED(AMENITY TERRACE ABOVE)STALL, TYP.18' - 0"ϭ͘ϮK't^,ͬ^dKZ'Z^/Ed^dKZͬ/<^dKZOPEN TO RESTAURANT DINING & BAR AREA BELOW @ LEVEL P1ŐƌĞƐƐŽƌƌŝĚŽƌNOTE:LOWER TERRACE LEVEL LOCATED BETWEEN LEVEL P2 & LEVEL 1.SEE INSET PARTIAL FLOOR PLAN#2/SHEET A1.3 FORRESTAURANT ROOF TERRACE AND RESIDENTIAL LOWER AMENITY TERRACE PLANS/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηĂƚĞWZK:dEhDZZtEz,<zKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭͬϱͬϮϬϭϴϭ͗Ϭϲ͗ϱϵWDϭ͘Ϯ&>KKZW>E^ϮϭϲϱϯϬ͘ϬϬ^' ^'ϭϮͬϮϬͬϭϳdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳϭΗсϮϬΖͲϬΗϭ͘Ϯϭ>s>WϮ;hWWZWZ</E'Ϳ&>KKZW>EEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞϮ ŝƚLJZĞǀŝƐŝŽŶηϮ ϭͬϴͬϭϴ RAHNROAD(PUBLIC)CEDAR GROVE PARKWAY (PUBLIC)DNUPUPUPDNϯϯ͘ϭϮϯ͘ϭϮϯ͘Ϯϭϯ͘ϭϭϳϭϳ,ϭϲϭϰϭϯϭϮϭϭϭϬϵϴϳϲϱϰϯ&'ϭϯ͘ϭϮϮϮϭ&&''͘ϭϮϮ͘ϳϮϭ͘ϴϮϰϮϬROOFBELOWϮZϭZнĞŶϭZůĐŽǀĞůĐŽǀĞůĐŽǀĞϭZϭZнĞŶϭZϭZϭZϭZϭZϭZϭZϮZϮZϮZϮZϭZϯZϭZнĞŶůĐŽǀĞϭZϭZϭZϭZϭZϮZϮZϮZϮZZ^/Ed/>DE/dzWKK>dZZϭϲ͘ϵ͘ϭ͘ϵ'͘ϵϯϯ͘Ϯϭϯ͘ϮϭϱϮϯϮϯ͘ϱϭ͘ϳ͘ϲϭZϭZdƌĂƐŚůĞĐůĞĐůĞĐDĂŝŶƚͬ͘^ƚŽƌdƌĂƐŚϭ͘ϮROOF BELOWPLANTING BEDOUTLINE OF BUILDING ROOF OVERHANG ABOVERAISED PLANTERACCESSIBLE SLOPED WALKRAISED PLANTERSEXTERIOR EGRESS STAIR TO GRADESWITCHBACK RAMPDASHED LINE INDICATES OUTLINE OF BUILDING ABOVEROOF BELOWLOWER AMENITY TERRACE BELOWNOTE:LOWER TERRACE LEVEL LOCATED BETWEEN LEVEL P2 & LEVEL 1.SEE INSET PARTIAL FLOOR PLAN THIS SHEET (#2/A1.3) FORRESTAURANT ROOF TERRACE AND RESIDENTIAL LOWER AMENITY TERRACE PLANSNOTE:LEVEL 1 PROPOSED FINISHED FLOOR ELEVATION = 100'-0";LOWER TERRACE LEVEL FFE = 96'-0"ϰϯϮ͘ϴ͘ϭϮϭ͘ϴϭ͘ϳ͘ϲϭ͘ϮOPEN TO STORAGE ROOM BELOW @ LEVEL P2OPEN TO LEVEL P2 PARKING BELOWOPEN TO LOADING AREA BELOWUNOCCUPIABLE ROOF Z^dhZEdZKK&dZZSCREEN WALL >KtZDE/dzdZZSWITCHBACK RAMP TO POOL DECKEXTERIOR EGRESS STAIR TO GRADENOTE:LEVEL 1 PROPOSED FINISHED FLOOR ELEVATION = 100'-0";LOWER TERRACE LEVEL FFE = 96'-0";LEVEL P2 FFE = 90'-0"NOTE:LOWER TERRACE LEVEL LOCATED BETWEEN LEVEL P2 & LEVEL 1.SEE LEVEL 1 FLOOR PLAN THIS SHEET (#1/A1.3).SEE #1/SHEET A1.2 FOR LEVEL P2 FLOOR PLAN/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηĂƚĞWZK:dEhDZZtEz,<zKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭͬϱͬϮϬϭϴϭ͗Ϭϳ͗ϬϬWDϭ͘ϯ&>KKZW>E^ϮϭϲϱϯϬ͘ϬϬ^' ^'ϭϮͬϮϬͬϭϳdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳϭΗсϮϬΖͲϬΗϭ͘ϯϭ>s>ϭ&>KKZW>EEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞϮ ŝƚLJZĞǀŝƐŝŽŶηϮ ϭͬϴͬϭϴϭΗсϮϬΖͲϬΗϭ͘ϯϮ>KtZdZZWZd/>&>KKZW>E ϯϯ͘ϭϮϯ͘ϭϮϯ͘Ϯϭϯ͘ϭϭϳϭϳ,ϭϲϭϰϭϯϭϮϭϭϭϬϵϴϳϲϱϰϯ&'ϭϯ͘ϭϮϮϮϭ&&''͘ϭϮϮ͘ϳϮϭ͘ϴϮϰϮϬ358' - 0"153' - 0"ϭϲ͘ϵ͘ϭ͘ϵ39' - 0"'͘ϵ2' - 0"ϯϯ͘Ϯϭϯ͘ϮϭϱϮϯϮϯ͘ϱϭ͘ϳ͘ϲϭZнĞŶϯZϭZϮZϮZϮZϮZϭZϭZϭZϭZнĞŶϭZϭZϭZϭZϭZϮZϮZůĐŽǀĞϭZϭZϭZůĐŽǀĞůĐŽǀĞůĐŽǀĞϮZϮZ31' - 4"7' - 8"67' - 4"68' - 0"dƌĂƐŚůĞĐůĞĐůĞĐDĂŝŶƚͬ͘^ƚŽƌdƌĂƐŚ360' - 4"RESIDENTIAL ROOF TERRACESRESIDENTIAL ROOF TERRACEDASHED LINE INDICATES FACE OF EXTERIOR WALL @ FLOOR BELOWUNOCCUPIABLE ROOF68' - 0"124' - 8"104' - 4"8' - 0"ϭ͘ϮϭZϮZϮZϮZϮZϭZϭZϭZϭZϭZϭZůĐŽǀĞ/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηĂƚĞWZK:dEhDZZtEz,<zKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϮϬͬϮϬϭϳϯ͗ϰϴ͗ϱϱDϭ͘ϰ&>KKZW>E^ϮϭϲϱϯϬ͘ϬϬ^' ^'ϭϮͬϮϬͬϭϳdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳϭΗсϮϬΖͲϬΗϭ͘ϰϭdzW/>Z^/Ed/>&>KKZW>E;>s>^ϮͲϰͿEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞ ϯϯ͘ϭϮϯ͘ϭϮϯ͘Ϯϭϯ͘ϭϭϳϭϳ,ϭϲϭϰϭϯϭϮϭϭϭϬϵϴϳϲϱϰϯϯϮ͘ϴ&&'ϭϯ͘ϭϮϮϮϮϮϭϮϭ&&''͘ϭϮϮ͘ϳϮϮϭ͘ϴϮϰϮϬϭϲ͘ϵ͘ϭ͘ϭ͘ϵ͘ϵ'͘ϵϯϯ͘Ϯϭϯ͘ϮϭϱϮϯϮϯ͘ϱϭ͘ϳ͘ϲϭZнĞŶϯZϭZϮZϮZϮZϮZϭZϭZϭZϭZнĞŶϭZϭZϭZϭZϭZϮZϮZůĐŽǀĞϭZϭZϭZůĐŽǀĞůĐŽǀĞůĐŽǀĞϮZϮZůĞĐdƌĂƐŚůĞĐDĂŝŶƚͬ͘^ƚŽƌdƌĂƐŚůĞĐϭ͘ϮϮZϮZϭZϮZϮZϮZϭZϭZϭZϭZϭZϭZůĐŽǀĞĂƚĂĂƚĂ/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηĂƚĞWZK:dEhDZZtEz,<zKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϮϬͬϮϬϭϳϯ͗ϰϴ͗ϱϱDϭ͘ϱ&>KKZW>E^ϮϭϲϱϯϬ͘ϬϬ^' ^'ϭϮͬϮϬͬϭϳdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞϭΗсϮϬΖͲϬΗϭ͘ϱϭ>s>^ϯΘϰW>E;dzW/>Z^/Ed/>&>KKZͿ ϯϯ͘ϭϮϯ͘ϭϮϯ͘Ϯϭϯ͘ϭϭϳϭϳ,ϭϲϭϰϭϯϭϮϭϭϭϬϵϴϳϲϱϰϯϯϮ͘ϴ&&'ϭϯ͘ϭϮϮϮϮϮϭϮϭ&&''͘ϭϮϮ͘ϳϮϮϭϭ͘ϴϮϰϮϬ͘ϭ͘ϵ'͘ϵϯϯ͘Ϯϭϯ͘ϮϭϱϮϯϮϯ͘ϱϭ͘ϳ͘ϲTRASH & RECYCLE CHUTES EXTEND 36" ABOVE ROOFELEVATOR OVERRUNELEVATOR OVERRUNCORRIDOR RTU (UNIT HEIGHT= 5'-0")ZdhROOF CURBTRASH & RECYCLE CHUTES EXTEND 36" ABOVE ROOFZdhCORRIDOR RTU(UNIT HEIGHT = 5'-0")ROOF CURBCORRIDOR RTU (UNIT HEIGHT = 5'-0")ZdhROOF HATCHROOFTOP RESTAURANT EXHAUST & GREASE CONTAINMENT UNITZdhRESTAURANT RTUROOF LADDERROOF LADDERϭ͘Ϯ/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηĂƚĞWZK:dEhDZZtEz,<zKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭϮͬϮϬͬϮϬϭϳϯ͗ϰϴ͗ϱϲDϭ͘ϲZKK&W>EϮϭϲϱϯϬ͘ϬϬ^' ^'ϭϮͬϮϬͬϭϳdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞϭΗсϮϬΖͲϬΗϭ͘ϲϭZKK&W>E >s>ϭϭϬϬΖͲ ϬΗ>s>ϮϭϭϭΖͲ ϰΗϭϳ>s>ϯϭϮϭΖͲ ϴΗ>s>ϰϭϯϮΖͲ ϬΗZKK&>s>ϭϰϯΖͲ ϰΗ>s>WϮϵϬΖͲ ϬΗϭϲϭϰϭϯϭϮϭϭϭϬϵϴϳϲϱϰϯϮ͘ϴϭϯ͘ϭϮϭ>s>WϭϳϵΖͲ ϬΗ11' - 0"10' - 0"11' - 4"10' - 4"10' - 4"11' - 4"ϭϭϬϰϭϮϲϭϭϬϲϱϰϰϲϭϴϵϲϭϭϭϬϴϭϬϭϮϭϲϱ&ϱϰ>KtZdZZϵϲΖͲ ϬΗϭϱϭ͘ϳLOW POINT ADJOININGGRADE77' -2"HIGH POINT ADJOININGGRADE95' -2"AVG. ADJOINING GRADE86' -2"dͬWZWdϭϱϬΖͲ ϰΗBUILDING FACADEBAY, TYPICAL48'-0" O.C., TYP.PROPOSED BUILDING HEIGHT64' - 2">KtZZKK&ϭϰϮΖͲ ϰΗϭ͘ϮϴϭϮGARAGE INTAKE LOUVERϱ&ϭϲϭϯϱϱPROPOSED CANOPY SIGN:2'-0"H x 25'-0"L (50 SQ. FT.)ϭϮϭϯ11' - 2"13' - 2"ϴϱPROPOSED CANOPY SIGN:1'-4"H x 15'-0"L (20 SQ. FT.)>s>ϭϭϬϬΖͲ ϬΗ>s>ϮϭϭϭΖͲ ϰΗϭϳ>s>ϯϭϮϭΖͲ ϴΗ>s>ϰϭϯϮΖͲ ϬΗZKK&>s>ϭϰϯΖͲ ϰΗ>s>WϮϵϬΖͲ ϬΗϭϲϭϰϭϯϭϮϭϭϭϬϵϴϳϲϱϰϯϮ͘ϴϭϯ͘ϭϮϭ>s>WϭϳϵΖͲ ϬΗϭϲ͘ϵϭϭϬϭϭϬϲϲϴϭϲϭϲϱϲϲϭϵϭϬPREFINISHEDOVERHEAD DOORϲϲϴϲϭϮϭϴϲϭϮϭϬϵϭϬϭϭϱϭ͘ϳLOW POINT ADJOININGGRADE77' -2"HIGH POINT ADJOININGGRADE95' -2"AVG. ADJOINING GRADE86' -2"dͬWZWdϭϱϬΖͲ ϰΗ>KtZZKK&ϭϰϮΖͲ ϰΗBUILDING FACADEBAY, TYPICAL48'-0" O.C., TYP.PROPOSED BUILDING HEIGHT64' - 2"16' - 9"14' - 9"ϭ͘ϮPROPOSEDILLUMINATED WALL SIGN:3'-0"H x 40'-0"L(120 SQ. FT.)58' - 9"ϴϰϲϲϰPROPOSED ILLUMINATED WALL SIGN:2'-0"H x 20'-0"L (40 SQ. FT.)ϭϬϭϳϭϳϱ&ϭϳϭϮ>s>ϭϭϬϬΖͲ ϬΗ>s>ϮϭϭϭΖͲ ϰΗ,>s>ϯϭϮϭΖͲ ϴΗ>s>ϰϭϯϮΖͲ ϬΗZKK&>s>ϭϰϯΖͲ ϰΗ>s>WϮϵϬΖͲ ϬΗ&'͘ϭ͘ϴ>s>WϭϳϵΖͲ ϬΗ͘ϭ͘ϵ'͘ϵBUILDING ELEVATIONBEYONDSEE11' - 4"10' - 4"10' - 4"11' - 4"10' - 0"ͬϭϯ͘ϮϭϭϬϲϲϴϵϲϲϭϮϲϴϭϴϭϬϭϲϲϭϮϲϴϭϱPREFINISHEDOVERHEAD DOORϭϬ>KtZdZZϵϲΖͲ ϬΗ11' - 0"͘ϲLOW POINT ADJOININGGRADE77' -2"HIGH POINT ADJOININGGRADE95' -2"AVG. ADJOINING GRADE86' -2"dͬWZWdϭϱϬΖͲ ϰΗPROPOSED BUILDING HEIGHT64' - 2"ϰϱϰ>KtZZKK&ϭϰϮΖͲ ϰΗ10' - 4"ϴ/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηĂƚĞWZK:dEhDZZtEz,<zKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭͬϱͬϮϬϭϴϭ͗Ϭϳ͗ϬϱWDϯ͘ϭh/>/E'>sd/KE^ϮϭϲϱϯϬ͘ϬϬ^' ^'ϭϮͬϮϬͬϭϳdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳϭΗсϮϬΖͲϬΗϯ͘ϭϭEKZd,>sd/KEϭΗсϮϬΖͲϬΗϯ͘ϭϮ^Khd,>sd/KEϭΗсϮϬΖͲϬΗϯ͘ϭϯ^d>sd/KEEXTERIOR MATERIAL KEYNOTESϭ Z/<;/Ed'Z>ͿK>KZηϭϭ Z/<;/Ed'Z>ͿK>KZηϮϰ Z,/ddhZ>'ZKhE&>K<;/Ed'Z>ͿK>KZηϭϰ Z,/ddhZ>'ZKhE&>K<;/Ed'Z>ͿK>KZηϮϱ W/EdDd>W>dWE>K>KZηϯϱ KDWK^/dDd>WE>K>KZηϯϱ KDWK^/dDd>WE>K>KZηϰϱ& WZ&/E/^,Dd>WE>K>KZηϱϲ &/ZDEdWE>͕W/EdK>KZηϭϲ &/ZDEdWE>͕W/EdK>KZηϮϲ &/ZDEdWE>͕W/EdK>KZηϯϴ &/Z'>^^KZKDWK^/dt/EKthE/dϵ KZd/sD,E/>'Z/>>ϭϬ WZ&/E/^,Dd>KW/E'ͬ&>^,/E'ϭϮ Dd>Z/>/E'^z^dDϭϮ Dd>Z/>/E'^z^dDtͬ'>^^/E>zWE>^ϭϮ WZ&Z/dDd>>KEzΘZ/>/E'^z^dDϭϯ Dd>EKWzϭϲ >hD/EhD^dKZ&ZKEd^z^dDϭϲ >hD/EhDhZd/Et>>^z^dDϭϳ yWK^^d/EW>KEZd^/dt>>EŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞϮ ŝƚLJZĞǀŝƐŝŽŶηϮ ϭͬϴͬϭϴNOTE:COMPOSITE OF ELEVATION #3/A3.1 AND ELEVATION #1/A3.2 USED IN EXTERIOR MATERIAL % CALCULATIONS FOR EAST ELEVATION.<zW>E<zW>E<zW>E >s>ϭϭϬϬΖͲ ϬΗ>s>ϮϭϭϭΖͲ ϰΗ,>s>ϯϭϮϭΖͲ ϴΗ>s>ϰϭϯϮΖͲ ϬΗZKK&>s>ϭϰϯΖͲ ϰΗ>s>WϮϵϬΖͲ ϬΗ&'͘ϭ͘ϴ>s>WϭϳϵΖͲ ϬΗ͘ϭ͘ϵ'͘ϵ11' - 4"10' - 4"10' - 4"11' - 4"10' - 0"11' - 0"BUILDINGELEVATIONBEYONDSEEͬϯϯ͘ϮϭϬϭϮϭϲϵϴϭϮϲϴϲϭϭϬϭϮϲϲϲϲϲϴϵϱ&ϱ&ϭϲϭϮϭϭϬϱ&ϭϬ>KtZdZZϵϲΖͲ ϬΗ͘ϲLOW POINT ADJOININGGRADE77' -2"HIGH POINT ADJOININGGRADE95' -2"AVG. ADJOINING GRADE86' -2"dͬWZWdϭϱϬΖͲ ϰΗ>KtZZKK&ϭϰϮΖͲ ϰΗϴϭϮϴϱ&ϭϲϱGARAGE EXHAUST LOUVER & AREA WELLϭϮϭϭϳϱϭϳ>s>ϭϭϬϬΖͲ ϬΗ>s>ϮϭϭϭΖͲ ϰΗ>s>ϯϭϮϭΖͲ ϴΗ>s>ϰϭϯϮΖͲ ϬΗZKK&>s>ϭϰϯΖͲ ϰΗ>s>WϮϵϬΖͲ ϬΗ&͘ϭ͘ϴ>s>WϭϳϵΖͲ ϬΗ͘ϭ͘ϵ11' - 4"10' - 4"10' - 4"11' - 4"10' - 0"11' - 0"PROFILE OFBUILDINGIN SECTIONϭϭϬPREFINISHEDOVERHEADDOORSϱϭϲϭϮϴϱϲϭϮϴϵϭ>KtZdZZϵϲΖͲ ϬΗ͘ϲLOW POINT ADJOININGGRADE77' -2"HIGH POINT ADJOININGGRADE95' -2"AVG. ADJOINING GRADE86' -2"dͬWZWdϭϱϬΖͲ ϰΗ>KtZZKK&ϭϰϮΖͲ ϰΗPROPOSED BUILDING HEIGHT64' - 2"PROPOSEDILLUMINATED WALL SIGN:3'-0"H x 40'-0"L(120 SQ. FT.)66' - 10"ϲϱϭϲϭϲϭϯϭϬϱ&ϭϲϱ&ϭϮPROPOSED CANOPY SIGN:2'-0"H x 25'-0"L (50 SQ. FT.)11' - 2"13' - 2"PROPOSED CANOPY SIGN:1'-4"H x 15'-0"L (20 SQ. FT.)16' - 0"17' - 4"ϭϬϭϮϭϳPROPOSED ILLUMINATED WALL SIGN:2'-0"H x 20'-0"L (40 SQ. FT.)ϭϬϭϯ>s>ϭϭϬϬΖͲ ϬΗ>s>ϮϭϭϭΖͲ ϰΗ,>s>ϯϭϮϭΖͲ ϴΗ>s>ϰϭϯϮΖͲ ϬΗZKK&>s>ϭϰϯΖͲ ϰΗ>s>WϮϵϬΖͲ ϬΗ&'>s>WϭϳϵΖͲ ϬΗ͘ϭ'͘ϵ11' - 4"10' - 4"10' - 4"11' - 4"10' - 0"11' - 0"PROFILE OFBUILDINGIN SECTIONϭϭϬϴϲϵϭϮϭϲϴϵϭϮ>KtZdZZϵϲΖͲ ϬΗLOW POINT ADJOININGGRADE77' -2"HIGH POINT ADJOININGGRADE95' -2"AVG. ADJOINING GRADE86' -2"dͬWZWdϭϱϬΖͲ ϰΗ>KtZZKK&ϭϰϮΖͲ ϰΗPROPOSED BUILDING HEIGHT64' - 2"WZKWK^Z^dhZEdEKWz^/'E͖^ηϭͬ^,dϯ͘ϭWZKWK^Z^dhZEdEKWz^/'E͖^ηϭͬ^,dϯ͘ϮWZKWK^WZdDEdt>>^/'E;,/',WZWdt>>Ϳ͖^ηϭͬ^,dϯ͘ϮWZKWK^WZdDEdEdZzEKWz^/'E͖^ηϭͬ^,dϯ͘ϭWZKWK^WZdDEdEdZzEKWz^/'E͖^ηϭͬ^,dϯ͘ϮWZKWK^WZdDEdt>>^/'E;,/',WZWdt>>Ϳ͖^ηϮͬ^,dϯ͘ϭWZKWK^WZdDEdEdZzEKWz^/'E͖^ηϭͬ^,dϯ͘ϮWZKWK^WZdDEdEdZzEKWz^/'E͖^ηϮͬ^,dϯ͘ϭ/ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηĂƚĞWZK:dEhDZZtEz,<zKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭͬϱͬϮϬϭϴϭ͗Ϭϳ͗ϭϭWDϯ͘Ϯh/>/E'>sd/KE^ϮϭϲϱϯϬ͘ϬϬ^' ^'ϭϮͬϮϬͬϭϳdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳϭΗсϮϬΖͲϬΗϯ͘ϮϮt^d>sd/KEϭΗсϮϬΖͲϬΗϯ͘ϮϭWZd/>^d>sd/KEϭΗсϮϬΖͲϬΗϯ͘ϮϯWZd/>t^d>sd/KEEXTERIOR MATERIAL KEYNOTESϭ Z/<;/Ed'Z>ͿK>KZηϭϭ Z/<;/Ed'Z>ͿK>KZηϮϰ Z,/ddhZ>'ZKhE&>K<;/Ed'Z>ͿK>KZηϭϰ Z,/ddhZ>'ZKhE&>K<;/Ed'Z>ͿK>KZηϮϱ W/EdDd>W>dWE>K>KZηϯϱ KDWK^/dDd>WE>K>KZηϯϱ KDWK^/dDd>WE>K>KZηϰϱ& WZ&/E/^,Dd>WE>K>KZηϱϲ &/ZDEdWE>͕W/EdK>KZηϭϲ &/ZDEdWE>͕W/EdK>KZηϮϲ &/ZDEdWE>͕W/EdK>KZηϯϴ &/Z'>^^KZKDWK^/dt/EKthE/dϵ KZd/sD,E/>'Z/>>ϭϬ WZ&/E/^,Dd>KW/E'ͬ&>^,/E'ϭϮ Dd>Z/>/E'^z^dDϭϮ Dd>Z/>/E'^z^dDtͬ'>^^/E>zWE>^ϭϮ WZ&Z/dDd>>KEzΘZ/>/E'^z^dDϭϯ Dd>EKWzϭϲ >hD/EhD^dKZ&ZKEd^z^dDϭϲ >hD/EhDhZd/Et>>^z^dDϭϳ yWK^^d/EW>KEZd^/dt>>EŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞϮ ŝƚLJZĞǀŝƐŝŽŶηϮ ϭͬϴͬϭϴNOTE:COMPOSITE OF ELEVATION #2/A3.2 AND ELEVATION #3/A3.2 USED IN EXTERIOR MATERIAL % CALCULATIONS FOR WEST ELEVATION ABOVE.<zW>E<zW>E<zW>EϭΗсϲϬΖͲϬΗϯ͘Ϯϰh/>/E'^/'E'<zW>E /ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηĂƚĞWZK:dEhDZZtEz,<zKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭͬϱͬϮϬϭϴϯ͗ϰϲ͗ϯϴWDϯ͘ϭϬWZ^Wd/ss/t^ϮϭϲϱϯϬ͘ϬϬ^'ŚĞĐŬĞƌϬϭͬϬϮͬϭϴdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞϮ ŝƚLJZĞǀŝƐŝŽŶηϮ ϭͬϴͬϭϴZ/>s/t>KK</E'EKZd,t^dZ/>s/t>KK</E'EKZd,^dZd>s>s/t>KE'Z'ZKsWZ<tz>KK</E'EKZd,^dZd>s>s/tK&^Khd,>sd/KEdZ'ZKsWZ<tz>KK</E'EKZd,^d^dZd>s>s/tK&Z'ZKsWZ<tzh/>/E'EdZE>KK</E'EKZd,t^ds/tK&Z^/Ed/>DE/dzdZZEh/>/E'>sd/KE>KE'&Etz&ZKEd'>KK</E'EKZd,^d /ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚŝƐƉůĂŶ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶ͕ŽƌƌĞƉŽƌƚǁĂƐƉƌĞƉĂƌĞĚďLJŵĞŽƌƵŶĚĞƌŵLJĚŝƌĞĐƚƐƵƉĞƌǀŝƐŝŽŶĂŶĚƚŚĂƚ/ĂŵĂĚƵůLJůŝĐĞŶƐĞĚĂƌĐŚŝƚĞĐƚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ^ŝŐŶĂƚƵƌĞdLJƉĞĚŽƌWƌŝŶƚĞĚEĂŵĞ>ŝĐĞŶƐĞηĂƚĞWZK:dEhDZZtEz,<zKZ/'/E>/^^h͗Zs/^/KE^<zW>EEKd&KZKE^dZhd/KEϭͬϱͬϮϬϭϴϯ͗ϰϵ͗ϬϳWDϯ͘ϭϭWZ^Wd/ss/t^ϮϭϲϱϯϬ͘ϬϬƵƚŚŽƌŚĞĐŬĞƌϬϭͬϬϱͬϭϴdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞdŚĞWƌĞƐĞƌǀĞĂƚĞĚĂƌ'ƌŽǀĞĂŐĂŶ͕DEWƌĞůŝŵŝŶĂƌLJWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚϭϮͬϮϬͬϮϬϭϳEŽ͘ ĞƐĐƌŝƉƚŝŽŶ ĂƚĞϮ ŝƚLJZĞǀŝƐŝŽŶηϮ ϭͬϴͬϭϴ^dZd>s>s/td/EdZ^d/KEK&Z'ZKsWZ<tzΘZ,EZK>KK</E'EKZd,t^d^dZd>s>s/t&ZKDZ,EZK>KK</E'^Khd,t^d^dZd>s>s/t&ZKD'EKhd>d^WZ<tz>KK</E'^Khd,^dZd>s>s/tdKZEZK&'EKhd>d^WZ<tzΘ&Etz>KK</E'^Khd,^d Agenda Information Memo February 5, 2018, Eagan City Council Meeting NEW BUSINESS B. Planned Development Amendments – Viking Lakes Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow alcohol sales and consumption, including tailgating, at Viking Lakes generally located at 2600 Vikings Circle, subject to the conditions listed in the APC minutes and the conditions listed in attachment 5. To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow construction of a 100’ tall communications monopole and supporting equipment facility located at 2600 Vikings Circle, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Council Members Present Facts: The applicant is proposing to sell alcoholic beverages in connection with assorted stadium events, training camp, draft or private parties within the practice facility or headquarters and public & private events on the plaza. The Vikings and/or their concessionaires and caterers will be required obtain all required permits from the City to sell/serve alcohol and those alcohol sales will be governed by City Ordinance and State law. The areas proposed for liquor service appear compatible with the area and the intended uses anticipated by the Vikings. The applicant is also proposing tailgating on the site. To address public safety concerns related to tailgating activity, additional conditions are being suggested for Council consideration. The removal of the NWA headquarters building necessitates the relocation of the roof- mounted cellular telephone equipment and the need for a new monopole. Freestanding towers and antennae in non-residential use districts are subject to a series of requirements and the proposed tower meets or exceeds those conditions. The proposed location of the monopole and equipment structure appear compatible with the subject site and area. Issues: None 60-Day Agency Action Deadline: February 18, 2018 Attachments: (5) NBB-1 Location Map NBB-2 Draft January 23, 2018 APC Minutes NBB-3 Planning Report NBB-4 Report Exhibits NBB-5 Proposed Tailgating Conditions C O M M E R S D R B LU E G E N T I A N RD LO N E O A K D R I V ELONEOAKPARKWAYL O N E OAKPARKWAY LONE O A K P A R K W AY HOLIDAY LNHOLIDAY LNCOURTHOUS E L NGRAND OAK CIR EGRAN D O A K C I R W S T A T E T R U N K HW Y . NO . 1 4 9 C.S.A.H. NO. 26 (LONE OAK RD.) NORTHWEST P A R K W AYWATERS R DBLUEGENTIANRDSTATETRUNKHWY.NO.149STATETRUNK HWY.NO.55 AMES CROSSING RDVI K I N G S P A R K W A Y INVER GROVE HEIGHTSLocation Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Vikings Sprint Tower Request: Planned Development Amendment No.: 01-PA-15-12-17 Subject Area Advisory Planning Commission January 23, 2018 Page 7 of 15 C. Vikings Sprint Tower Applicant Name: Steve Poppen, MV Eagan Ventures, LLC Location: 2600 Vikings Circle; Viking Lakes & Viking Lakes 2nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow liquor sales and 120' communications monopole. File Number: 01-PA-15-12-17 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated January 16, 2018. Steve Poppen and Pat Mascia introduced themselves and were available for questions. Member Vanderpoel discussed the access road design with the applicant. Member Goff asked why the alcohol service was not being requested until now. Mr. Mascia explained the Vikings have gained more operational clarity over the months since the initial application was made. City Planner Ridley also added that special legislation to allow the use was necessary before the City could consider and act on the request. Member Sagstetter asked if locating the antenna equipment on one of the new buildings, or other locations for the cell tower were considered. Mr. Mascia stated many scenarios were considered and, along with the fact that the Sprint lease expires around 2025 and there may be no need for the installation after that point, the proposed tower and location was optimal. Chair Piper opened the public hearing. There being no public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. Member Sagstetter moved, Member Heckmann seconded a motion to recommend approval of a Planned Development Amendment to allow the sale and consumption of alcoholic beverages at Viking headquarters, indoor practice facility, plaza, stadium, medical office areas and the parking areas east of the wetland complex located at and around 2600 Vikings Circle subject to the following conditions: 1. An Amendment to the Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: Advisory Planning Commission January 23, 2018 Page 8 of 15 • Viking Lakes Graphic depicting alcohol service areas. 2. If alcohol is served, a security plan, in a form acceptable to the Chief of Police, shall be implemented for any event anticipated to exceed 500 attendees. Member Sagstetter moved, Member Heckmann seconded a motion to recommend approval of a Planned Development Amendment to allow a 100’ tall cellular telephone monopole tower upon property located at 2600 Vikings Circle, subject to the following conditions: 1. An Amendment to the Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: a. Site Plan b. Equipment enclosure elevation drawings c. Landscape Plan, if necessary. 2. Gravel shall not be allowed for the construction of the driveway access. 3. If recycled asphalt aggregate is used for the driveway access, the site will be subject to periodic review by city staff for adequacy of the material to control erosion, dust, and drainage. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 4. The applicant shall be responsible for obtaining any required permits from other agencies. 5. The applicant shall obtain a right of way permit and be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 6. A detailed Grading and Erosion-Control Plan shall be provided, with identification of temporary and permanent erosion and sediment controls to be implemented, in a manner acceptable to the City Engineer. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 16, 2018 CASE: 01-PA-15-12-17 APPLICANT: MV Eagan Ventures, LLC HEARING DATE: January 23, 2018 PROPERTY OWNER: Same APPLICATION DATE: December 20, 2017 REQUEST: Planned Development Amendment PREPARED BY: Michael J. Ridley, AICP LOCATION: 2600 Vikings Circle COMPREHENSIVE PLAN: MU, Mixed Use ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of two Planned Development Amendments to allow the following at 2600 Vikings Circle, legally described as Lot 1, Block 1, Viking Lakes 2nd Addition:  Alcohol sales and consumption at Viking Lakes  Construction of a 100’ tall communications monopole and supporting equipment facility AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 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 boundaries of any district or 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 Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. Planning Report – Viking Lakes PDA January 23, 2018 Page 2 BACKGROUND/HISTORY Approved in June 2016, the Viking Lakes Preliminary Planned Development calls for a development/redevelopment mix of land uses including office, hotel, retail/service, multi- family residential and indoor/outdoor recreation. Final Planned Development approval for Phase 1 in October 2016 included the Minnesota Vikings corporate headquarters, indoor practice facility (IPF), outdoor practice fields and an open-air 6,000-seat stadium. Phase II is also under construction and features a medical office building, a sports medicine building and plaza area south of the stadium and near the wetland amenity. The Viking Lakes Preliminary Planned Development anticipated the sale of alcohol at restaurants, hotels and other uses. In addition, the Vikings indicated the desire to have the ability to serve alcohol at stadium and other events. Special legislation from the State of Minnesota was necessary to allow the City to permit the sale of alcohol at the stadium, the plaza area and tailgating areas. State Law now permits the City to issue liquor licenses and the City Council recently approved an ordinance amendment that defines rules and regulations regarding alcohol sales and distribution at Viking Lakes. The acquisition of the Viking Lakes property included a lease that permits Sprint to maintain cellular telephone communications equipment on the roof of the former Northwest Airlines (NWA) headquarters building. The anticipated removal of this building is necessary to accommodate additional development phases. EXISTING CONDITIONS The Vikings headquarters and training facility (aka Twin Cities Orthopedic (TCO) Performance Center), TCO medical office building and the Sports Medicine Building for TCO and the Vikings are all under construction and nearing completion. All utility and major street work is completed and construction of amenity improvements are underway; the deconstruction of the former NWA headquarters building has also started. EVALUATION OF REQUESTS Liquor Service Proposal – The applicant is proposing to sell alcoholic beverages in connection with assorted stadium events, training camp, draft or private parties within the practice facility or headquarters and public & private events on the plaza. A more complete description is contained in the applicant’s narrative. Planning Report – Viking Lakes PDA January 23, 2018 Page 3 The Vikings and/or their concessionaires and caterers will be required obtain all required permits from the City to sell/serve alcohol and those alcohol sales will be governed by City Ordinance and State law. Compatibility with Surrounding Area – The areas proposed for liquor service appear compatible with the area and the intended uses anticipated by the Vikings. Monopole Proposal – The removal of the NWA headquarters building necessitates the relocation of the cellular telephone equipment and the need for the new monopole. Compatibility with Surrounding Area – The proposed location of the monopole and equipment structure will be approximately 180’ south of O’Neill Drive and approximately 355’ south of the road surface of I-494. Code Requirements – City Code Chapter 11, Section 11.70, Subd. 26 sets forth the regulations for the installation of antennae and construction of towers. Subdivision 26-G contains general standards applying to all towers and antennae regarding illumination, signage, security, screening, location and color, design, and building permit requirements. The proposed tower must comply with these general standards, which are listed in the attached exhibits. Additionally, Subdivision 26-E-2 states that freestanding towers and antennae in non-residential use districts shall be subject to the following requirements. An assessment of this proposal relative to these provisions follows each item. a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed: (i) 100 feet, measured from ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination . . . . The proposed tower is 100 feet in height. The antenna equipment consists of 3 panel antennas and 3 microwave dishes attached at the top of the tower. The ordinance requires that the combined height of the tower and antennae or satellite dishes not exceed 100 feet. The plans show the equipment mounted such that the panel antennae do not project above 100 feet. b) All setback requirements for any accessory equipment building or structure shall be met as set forth in this chapter, provided the minimum setback distance of the tower from any property line of a parcel or lot within a residential use district shall be equal to two times the height of the tower or 300 feet, whichever is greater. The proposed tower is set back a minimum 100’ to the nearest lot lines. The tower is located well over 300’ from any anticipated residential development. Planning Report – Viking Lakes PDA January 23, 2018 Page 4 c) The tower shall be located in the rear yard. Although the site is bounded by O’Neill Drive to the north and Vikings Parkway to the south (i.e., two front yards), the proposed tower is located in rear yard of the Vikings HQ building which is accessed/addressed off of Vikings Circle. d) The tower shall be self-supporting through the use of a design that uses an open- frame or monopole configuration. Condition met. e) Permanent platforms or structures, exclusive of the tower or antennae - that increase off-site visibility - are prohibited. Condition met. f) Existing vegetation on the site shall be preserved to the greatest possible extent practical. Two coniferous and one hardwood tree will be removed in order to provide access and prepare the area for the monopole and ground equipment. g) Accessory equipment associated with freestanding towers and antennae shall be located within an equipment building constructed of materials and color compatible with principal building and surrounding area or within an equipment encasement not exceeding 10 feet (w) x 10 feet (l) x 5 feet (h) in size. Accessory equipment will be within a ground-mounted cabinet located within the lease area. The cabinet design and sizes have not been provided but the size parameters above should be met and, given the location is proximate to the new Vikings maintenance building, the equipment enclosure(s) should be constructed of materials and color compatible with the maintenance building. h) The applicant shall provide a color manipulated “as built” photograph of the tower as proposed for the location. The applicant has provided the photo simulation of the proposed tower. i) No new tower shall be permitted unless the city council finds that the equipment planned for the proposed tower cannot be accommodated at any preferred co-location site. The city council may find that a preferred co-location site cannot accommodate that planned equipment for the following reasons: Planning Report – Viking Lakes PDA January 23, 2018 Page 5 The location of the new tower is propelled by the contractual requirement to continue to provide cellular coverage for the general area after removal of the NWA HQ building. Landscaping – A Landscape Plan should be submitted illustrating perimeter landscaping to soften the view of the lease area and equipment building to the east, if the existing vegetation does not accomplish that purpose. Streets/Access /Pedestrian Circulation – No pedestrian facilities are proposed to the site. Public street access will be provided to the north to O’Neill Drive. A 12 foot wide driveway is proposed to access the monopole. The first 40 feet of the driveway is shown to be constructed with bituminous asphalt at a slope ranging between 2.4% and 3.8%. The remaining 60 feet of driveway is sloped at approximately 7% and is shown to be constructed with gravel. There is a concern with gravel eroding down the slope. Gravel is generally not considered an acceptable surfacing material, and gravel should not be allowed for the construction of the driveway access. There are a number of parking lots, outdoor storage areas, etc. within the City that have been allowed to use recycled bituminous aggregate surfacing conditional upon periodic staff review of the condition of the surfacing to determine its adequacy for erosion, dust, and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the driveway to be resurfaced with bituminous asphalt. City Code requires all outdoor storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for outdoor storage areas. Easements/Permits/Right-of-Way – No additional easements or right-of-way are proposed. The applicant should obtain a right-of-way permit and be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. Wetlands – There is a wetland to the west of the proposed site (FP-11.1). The proposed improvements do not impact the wetland, therefore, City Code §11.67, wetland protection and management regulations, do not apply. Stormwater Management/Water Quality – The entire site lies within Drainage District F (as designated in the City Storm Water Management Plan – 2007). Storm water generally flows to the northeast toward O’Neill Drive and the practice fields. The applicant proposes to increase the amount of impervious surface by approximately 2,000 square-feet. The City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality do not apply because the increase in impervious surface Planning Report – Viking Lakes PDA January 23, 2018 Page 6 is below 10,000 square-feet. Surface stormwater runoff from this site would flow into the Viking Lakes development regional stormwater management/treatment system. No storm water modifications are proposed with this planned development amendment. Financial Obligation – At this time, this parcel has a pending assessment of $735,480.00 for the construction of Vikings Parkway, which is nearing completion. All trunk and lateral utility charges were paid with previous development. Parks and Recreation – Park and trail dedication were previously satisfied. SUMMARY/CONCLUSION The applicant is proposing Planned Development Amendments to allow: 1. The sale and consumption of alcoholic beverages at the headquarters, indoor practice facility, plaza, stadium, medical office areas and the parking areas east of the wetland complex. 2. The installation of a 100’ tall cellular telephone monopole and associated equipment south of O’Neill Drive, directly west of the maintenance building. ACTIONS TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the sale and consumption of alcoholic beverages at Viking headquarters, indoor practice facility, plaza, stadium, medical office areas and the parking areas east of the wetland complex located at and around 2600 Vikings Circle. If approved the following condition shall apply: 1. An Amendment to the Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: • Viking Lakes Graphic depicting alcohol service areas To recommend approval of a Planned Development Amendment to allow a 100’ tall cellular telephone monopole tower upon property located at 2600 Vikings Circle. If approved the following conditions shall apply: Planning Report – Viking Lakes PDA January 23, 2018 Page 7 1. An Amendment to the Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: a. Site Plan b. Equipment enclosure elevation drawings c. Landscape Plan, if necessary. 2. Gravel shall not be allowed for the construction of the driveway access. 3. The entire driveway access shall be paved with bituminous asphalt. Or If recycled asphalt aggregate is used for the driveway access, the site will be subject to periodic review by city staff for adequacy of the material to control erosion, dust, and drainage. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 4. The applicant shall be responsible for obtaining any required permits from other agencies. 5. The applicant shall obtain a right of way permit and be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 6. A detailed Grading and Erosion-Control Plan shall be provided, with identification of temporary and permanent erosion and sediment controls to be implemented, in a manner acceptable to the City Engineer. C O M M E R S D R B LU E G E N T I A N RD LO N E O A K D R I V ELONEOAKPARKWAYL O N E OAKPARKWAY LONE O A K P A R K W AY HOLIDAY LNHOLIDAY LNCOURTHOUS E L NGRAND OAK CIR EGRAN D O A K C I R W S T A T E T R U N K HW Y . NO . 1 4 9 C.S.A.H. NO. 26 (LONE OAK RD.) NORTHWEST P A R K W AYWATERS R DBLUEGENTIANRDSTATETRUNKHWY.NO.149STATETRUNK HWY.NO.55 AMES CROSSING RDVI K I N G S P A R K W A Y INVER GROVE HEIGHTSLocation Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Vikings Sprint Tower Request: Planned Development Amendment No.: 01-PA-15-12-17 Subject Area 1 4 2 3 Vikings Headquarters and TCO Stadium Plaza, Legends Crossing Landbridge STEM Building, MOB Building/Café, SMC Building including parking lot East side parking lots 1 2 3 4 APPROXIMATETREE LINEPROPOSED 20' X 30'LEASE AREAPROPOSED 120'-0"MONOPOLE TOWERPROPOSED 12' GRAVELACCESS DRIVEPROPOSED SITEACCESS GATEEXISTINGTRANSFORMERPROPOSED SPRINT8'-6" X 14'-0"EQUIPMENT PADEXISTINGMAINTENANCEBUILDINGEXISTING VIKINGSHEADQUARTERSPRACTICE FIELDS± 180' SETBACKWOODEDLAND NORTHThis document contains confidential or proprietary information of Ramaker & Associates, Inc. Neither this document nor the information herein is to be reproduced, distributed, used or disclosed either in whole or in part except as authorized by Ramaker and Associates, Inc. Copyright - Ramaker & Associates, Inc. - All Rights ReservedDRAWN BY:CHECKED BY:CI:\37100\37140\CAD\37140 MS25XC878 LE.dwg Printed by: cskowronski on Nov 22, 2017 - 8:57am Certification & Seal:SHEETNUMBERPROJECTNUMBERISSUEPHASEDATEISSUEDMARK DATE DESCRIPTIONSCALE: NONESHEET TITLE:PROJECT TITLE:PROJECT INFORMATION:2017 6391 SPRINT PARKWAYOVERLAND PARK, KS 6625137140VIKING LAKES -MN VIKINGS HQMS25XC8782600 VIKINGS CIRCLEEAGAN MINNESOTA, 55121DAKOTA COUNTYPRELIMINARY10/25/2017.C-1COPTION 3:SITE PLANLHB KAB SCALE: NTSOPTION 3: SITE PLAN1LOOKING EAST FROM PROPOSED TOWER LOCATIONLOOKING SOUTHWEST AT PROPOSED TOWER LOCATIONLOOKING WEST AT PROPOSED TOWER LOCATION PROPOSED 120'-0" MONOPOLE TOWERPROPOSED CHAIN LINK FENCEPROPOSED SITE ACCESS GATEPROPOSED 12' GRAVEL ACCESS DRIVEGRAVELPROPOSED 10' X 12'PLATFORM CANOPYPROPOSED 6' WIDE UTILITY RACKPROPOSED STEEL PLINTH ON8'-6" X 14'-0" CONCRETE PADPROPOSED60ECv2BATTERYCABINETPROPOSED9927MM-BTSCABINETPROPOSED NEMA 3R FIBER/POWERDISTRIBUTION BOXPROPOSED CABLINGTELCOPOWERPROPOSEDCHARLESCABINETPROPOSED FIBER TERMINATION CABINETPROPOSED 20' X 30' LEASE AREAGRAVELThis document contains confidential or proprietary information of Ramaker & Associates, Inc. Neither this document nor the information herein is to be reproduced, distributed, used or disclosed either in whole or in part except as authorized by Ramaker and Associates, Inc. Copyright - Ramaker & Associates, Inc. - All Rights ReservedDRAWN BY:CHECKED BY:CI:\37100\37140\CAD\37140 MS25XC878 LE.dwg Printed by: cskowronski on Nov 22, 2017 - 8:57am Certification & Seal:SHEETNUMBERPROJECTNUMBERISSUEPHASEDATEISSUEDMARK DATE DESCRIPTION010'2.5'5'11" x 17"22" x 34"- 1" = 5'- 1" = 2.5'SHEET TITLE:PROJECT TITLE:PROJECT INFORMATION:2017 6391 SPRINT PARKWAYOVERLAND PARK, KS 6625137140VIKING LAKES -MN VIKINGS HQMS25XC8782600 VIKINGS CIRCLEEAGAN MINNESOTA, 55121DAKOTA COUNTYPRELIMINARY10/25/2017.A-1COPTION 3:GROUND EQUIPMENT PLANLHB KAB SCALE: 1" = 5'PROPOSED GROUND EQUIPMENT PLAN1 TOP OF TOWER @ ±120'-0" AGL ANTENNA CENTERLINE @ ± 115'-0" AGLPROPOSED SPRINT GROUND EQUIPMENTCABINETS. SCREENING TBD.DIRECT BURY POLEThis document contains confidential or proprietary information of Ramaker & Associates, Inc. Neither this document nor the information herein is to be reproduced, distributed, used or disclosed either in whole or in part except as authorized by Ramaker and Associates, Inc. Copyright - Ramaker & Associates, Inc. - All Rights ReservedDRAWN BY:CHECKED BY:CI:\37100\37140\CAD\37140 MS25XC878 LE.dwg Printed by: cskowronski on Nov 22, 2017 - 8:57am Certification & Seal:SHEETNUMBERPROJECTNUMBERISSUEPHASEDATEISSUEDMARK DATE DESCRIPTION030'15'7.5'11" x 17"22" x 34"- 1" = 15'- 1" = 7.5'SHEET TITLE:PROJECT TITLE:PROJECT INFORMATION:2017 6391 SPRINT PARKWAYOVERLAND PARK, KS 6625137140VIKING LAKES -MN VIKINGS HQMS25XC8782600 VIKINGS CIRCLEEAGAN MINNESOTA, 55121DAKOTA COUNTYPRELIMINARY10/25/2017.A-2COPTION 3:ELEVATIONSLHB KAB SCALE: 1" = 15'TYPICAL 120' TOWER ELEVATION1SCALE: NTSTYPICAL TOWER ELEVATION(SHOWN AT 120' AGL)A 935 940943944938935932930931 932 933 940 932 932 FFE 912.50E WL WL WL WL WL WL WL WL WLWLWLWLWLWLWLWLWLBITUMINOUS BURIED DRIVESTONE RET. WALLBITUMINOUS SURFACEBITUMINOUS SURFACE STONE RET. WALL RET. WALL PARTIALLY BURIED CURB933 935 937 940 943937.65 937.42 937.96 937.76 932.90 932.67 931.39 931.61 SILT FENCE (TYP.) CITY PLATE 801 INLET PROTECTION (TYP.) CITY PLATE 802 ROCK CONSTRUCTION ENTRANCE CITY PLATE 805 EROSION CONTROL BLANKET CITY PLATE 806 MONOPOLE LAT: N44° 51' 41.53" LONG: W93° 07' 16.73" CONCRETE PAD GRAVEL PAD GRAVEL DRIVEWAY BITUMINOUS DRIVEWAY40'69.51' TIE DRIVEWAY INTO EXISTIN CURB CUT 100' 12' 218. 6 5 ' O'NEILL DRIVE 25' WETLAND BUFFER SETBACK 1:1 (100') MONOPOLE SETBACK ENGINEERING SURVEYING ENVIRONMENTAL PLANNING EVS, INC. 10025 Valley View Road, Suite 140 Eden Prairie, Minnesota 55344 Phone: 952-646-0236 Fax: 952-646-0290 www.evs-eng.com SHEET NUMBER DRAWN BY CHECKED BY DATE PROJECT # # DATE REVISION JLL 01.09.2018 DEB 2015-067.1 CLIENT I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ___________________________ xxx xxxxxxxx DATE XX/XX/XXXX REGISTRATION NUMBER ###Sheet Size:Last Saved By:H:\2015\2015-067.1 Eagan Site - Vikings\DWG-Sprint Tower\03 - Production Sheets\2015-067-SHEET-GRAD.dwg1 OF 1 SHEET LOCATION PROJECT EAGAN, MN SPRINT TOWER PD Amendment LEGEND EROSION CONTROL BLANKET GRAVEL CONSTRUCTION ENTRAINCE SILT FENCE PRELIMINARY GRADING & EROSION CONTROL SITE DATA DISTURBED AREA = 4,403-sf IMPERVIOUS SURF. = 1,930-sf CONSTRUCTION ACTIVITY REQUIREMENTS EROSION PREVENTION PRACTICES 1.THE CONTRACTOR SHALL IMPLEMENT CONSTRUCTION PHASING, VEGETATIVE BUFFER STRIPS, HORIZONTAL SLOPE GRADING, AND OTHER CONSTRUCTION PRACTICES THAT MINIMIZE EROSION. THE LOCATION OF AREAS NOT TO BE DISTURBED MUST BE DELINEATED (E.G. WITH FLAGS, STAKES, SIGNS, SILT FENCE, ETC.) ON THE DEVELOPMENT SITE BEFORE WORK BEGINS. 2.ALL EXPOSED SOIL AREAS WITHIN 200 FEET OF A SURFACE WATER OR ANY STORMWATER CONVEYANCE SYSTEM WHICH IS CONNECTED TO A SURFACE WATER MUST BE STABILIZED WITHIN 7 DAYS. THESE AREAS INCLUDE POND SIDE SLOPES, EXPOSED SOIL AREAS WITH A POSITIVE SLOPE TO A CURB AND GUTTER SYSTEM, STORM SEWER INLET, DRAINAGE DITCH, OR OTHER SYSTEM THAT DISCHARGES TO A SURFACE WATER. 3.THE NORMAL WETTED PERIMETER OF ANY DRAINAGE DITCH MUST BE STABILIZED WITHIN 200 LINEAL FEET FROM THE PROPERTY EDGE, OR FROM THE POINT OF DISCHARGE TO ANY SURFACE WATER (WITHIN 24 HOURS OF CONNECTING TO A SURFACE WATER). 4.PIPE OUTLETS MUST BE PROVIDED WITH TEMPORARY OR PERMANENT ENERGY DISSIPATION WITHIN 24 HOURS OF CONNECTION TO A SURFACE WATER. SEDIMENT CONTROL PRACTICES 1.SEDIMENT CONTROL PRACTICES MUST MINIMIZE SEDIMENT ENTERING SURFACE WATERS. DITCHES AND SEDIMENT BASINS REQUIRE SEDIMENT CONTROL PRACTICES ONLY AS APPROPRIATE FOR SITE CONDITIONS. IF DOWN GRADE SYSTEM IS OVERLOADED, ADDITIONAL UPGRADE PRACTICES MUST BE INSTALLED, AND THE SWPPP MUST BE AMENDED. THERE SHALL BE NO UNBROKEN SLOPE LENGTH OF GREATER THAN 75 FEET FOR SLOPES WITH A GRADE OF 3:1 OR STEEPER. SLOPES MAY BE BROKEN WITH SILT FENCE, ROCK CHECK DAMS, COMPOST SNAKES, OR OTHER APPROVED METHODS AND/OR AS SHOWN ON THE EROSION CONTROL PLAN. 2.SEDIMENT CONTROL PRACTICES MUST BE ESTABLISHED ON DOWNGRADE PERIMETERS BEFORE UPGRADE LAND DISTURBING ACTIVITIES BEGIN. 3.THE TIMING OF SEDIMENT CONTROL PRACTICES MAY BE ADJUSTED TO ACCOMMODATE SHORT TERM ACTIVITIES. HOWEVER, THESE PRACTICES MUST BE INSTALLED BEFORE THE NEXT PRECIPITATION EVENT EVEN IF THE ACTIVITY IS NOT COMPLETE. 4.CONTRACTOR MUST PROTECT ALL STORM DRAIN INLETS BY APPROPRIATE BMP'S DURING CONSTRUCTION UNTIL ALL SOURCES WITH POTENTIAL FOR DISCHARGING TO THE INLET HAVE BEEN STABILIZED. 5.TEMPORARY STOCKPILES MUST HAVE SILT FENCE AROUND THE PERIMETER OF THE BASE OF THE STOCKPILE AND CANNOT BE PLACED IN SURFACE WATERS, INCLUDING STORM WATER CONVEYANCES SUCH AS CURB AND GUTTER SYSTEMS, OR CONDUITS OR DITCHES. 6.CONTRACTOR MUST INSTALL TEMPORARY SEDIMENTATION BASINS WHERE TEN OR MORE ACRES OF DISTURBED SOIL DRAIN TO A COMMON LOCATION AND/OR AS SHOWN ON THE EROSION CONTROL PLAN. DEWATERING AND SURFACE DRAINAGE 1.DEWATERING OR ANY TYPE OF SURFACE DRAINAGE THAT MAY HAVE TURBID OR SEDIMENT LADEN DISCHARGE WATER MUST BE DISCHARGED TO AN APPROVED SEDIMENT BASIN ON THE PROJECT SITE WHEREVER POSSIBLE. IF THE WATER CANNOT BE DISCHARGED TO A BASIN PRIOR TO ENTERING THE SURFACE WATER, IT MUST BE TREATED WITH THE APPROPRIATE BMP'S SUCH THAT THE DISCHARGE DOES NOT ADVERSELY AFFECT THE RECEIVING WATER OR DOWNSTREAM LANDOWNERS. THE CONTRACTOR MUST ENSURE THAT DISCHARGE OVER NATURAL ROCK RIP RAP, SAND BAGS, PLASTIC SHEETING, OR OTHER ACCEPTED ENERGY DISSIPATION MEASURES. 2.ALL WATER FROM DEWATERING MUST BE DISCHARGED IN A MANNER THAT DOES NOT CAUSE NUISANCE CONDITIONS, EROSION, OR INUNDATION OF WETLANDS CAUSING SIGNIFICANT ADVERSE IMPACT TO THE WETLAND. INSPECTIONS AND MAINTENANCE 1.THE CONTRACTOR MUST APPOINT A CERTIFIED INSPECTOR TO INSPECT THE CONSTRUCTION SITE ONCE EVERY SEVEN DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24 HOURS AFTER A RAINFALL EVENT OF GREATER THAN 0.5 INCHES IN 24 HOURS. ALL INSPECTIONS MUST BE RECORDED IN WRITING AND RETAINED PER MPCA NPDES REQUIREMENTS. (NOTE: LOCAL JURISDICTION MAY REQUIRE A MORE FREQUENT INTERVAL OF INSPECTION.) POLLUTION PREVENTION MANAGEMENT MEASURES 1.SOLID WASTE MUST BE DISPOSED OF PER MPCA REQUIREMENTS. 2.HAZARDOUS MATERIALS MUST BE STORED AND DISPOSED OF PER MPCA REQUIREMENTS. 3.EXTERNAL WASHING OF CONSTRUCTION VEHICLES MUST BE LIMITED TO A DEFINED AREA OF THE SITE. RUNOFF MUST BE CONTAINED AND WASTE PROPERLY DISPOSED OF. NO ENGINE DEGREASING IS ALLOWED ON SITE. SEEDING TEMPORARY SEED SHALL BE DONE IN ACCORDANCE TO MNDOT 2575 & 3876; CONSISTING OF: ·MNDOT MIX 22-111 @ 40 LBS. PER ACRE OR APPROVED EQUAL. DOUBLE SEED RATE FOR DORMANT SEEDING AFTER NOVEMBER 1ST. ·MULCH SHALL BE MNDOT TYPE 3 @ 2 TONS PER ACRE OR APPROVED EQUAL AND DISK ANCHORED IN PLACE OR APPROVED EQUAL, INSTALLED TO MINIMUM 90% COVERAGE OF THE SURFACE AREA DISTURBED. ·TYPE 1 FERTILIZER, 10-10-20 @ 200 LBS. PER ACRE PERMANENT TURF RESTORATION SHALL BE DONE IN ACCORDANCE WITH MNDOT 2575 & 3876 CONSISTING OF: ·MNDOT MIXTURE 25-141 AT 75 POUNDS PER ACRE. ·MULCH SHALL BE MNDOT TYPE 3 @ 2 TONS PER ACRE OR APPROVED EQUAL AND DISK ANCHORED IN PLACE OR APPROVED EQUAL, INSTALLED TO MINIMUM 90% COVERAGE OF THE SURFACE AREA DISTURBED . ·TYPE 3 FERTILIZER, 22-5-10 80%W.I.N. @ 350 LBS. PER ACRE. INLET PROTECTION CONCRETE BITUMINOUS GRAVEL MV EAGAN VENTURES, LLC WLWLWLWL WL WL WL WL WL WLWLWLWLWETLAND BETREE DEMOLITIONAND PRESERVATION- SPRINT TOWERLD102 PROJECT NO: 17074SCALE:40'80'20'0'1"=40'TREE DEMOLITION AND PRESERVATION - SPRINT TOWER01LD102TREE REMOVAL LEGEND:TREE REMOVALTREE PRESERVATION NEAR GRADING LIMITSPHASE ONE TREE REMOVAL EXTENTSTREE PROTECTION FENCINGI hereby certify that this plan, specification, or report was prepared by me orunder my direct supervision, and that I am a duly Licensed LandscapeArchitect under the laws of the State of Minnesota.Printed Name:Signature:Date:License #:Terry Minarik09/19/20174224222X34 SITE SHEETL530 NORTH THIRD STREET, SUITE 120MINNEAPOLIS, MN 55401PH: 612-333-3702 PROJECT NO: 14XXXLANDSCAPE ARCHITECTCONFLUENCECIVIL ENGINEEREVS10025 VALLEY VIEW ROAD, SUITE 140EDEN PRAIRIE, MN 55344PH: 952.646.0236 FAX: 952.646.0290REVISION SCHEDULEISSUEDATEDESCRIPTION0111/17/2017ADDENDUM #10212/08/2017CITY COMMENT0301/10/2018SPRINT TOWERISSUED FORCITYCOMMENTSCALE:10'20'5'2.5'0'1"=10'01MULTILINETITLEDRAWN BY: JCCHECKED BY: TM------ISSUE DATE 09.19.2016VICINITY MAPVIKING LAKESRESIDENTIALMV EAGAN VENTURESEAGAN, MNNOT FOR CONSTRUCTIONSPRINT TREE REMOVALSR E S I D E N T I A L G R A D I N G L I M I T S TREE REMOVAL SUMMARY:SEE SHEETS LD501-LD502 FOR INDIVIDUAL TREE REMOVALSPECIFICS.PREVIOUS REMOVALS:1,397 TOTAL TREES CURRENTLY REMOVED ÷ 3,650 TREES (SITE) =38.27% PREVIOUSLY REMOVED FROM CURRENT SITE DEVELOPMENTVIKINGS RESIDENTIAL & RETAIL/HOTEL REMOVALS:719 TOTAL TREES TO BE REMOVED ÷ 3,650 TREES (SITE) =19.70% ADDITIONAL TREES TO BE REMOVED AS PART OF RESIDENTIAL PLANNED DEVELOPMENTSPRINT TOWER TREE REMOVALS:HARDWOOD REMOVALS:6-20" DIA. TREES = 1 TREESCONIFER REMOVALS:TOTAL TREES = 2 TREES___________________________________________________________________57.97% TOTAL TREES TO BE REMOVED AS PART OF PLANNED DEVELOPMENT47.5% CITY ALLOWED TREE REMOVAL FOR PLANNED DEVELOPMENT10.47% OVER CITY ALLOWED TREE REMOVALAPPROXIMATE REQUIRED TREE REPLACEMENT FOR SPRINT TOWER (OR CASH VALUE OF $1,200)CATEGORY A REPLACEMENT - APPX. $400 / TREE:HARDWOOD REMOVALS:6-20" DIA. TREES = 1 TREES21-30" DIA. TREES = 0 TREES+30" DIA SPECIMEN TREES = 0 TREESSOFTWOOD REMOVALS:6-11" DIA. TREES = 0 TREES12-24" DIA. TREES = 0 TREES+24" DIA. SPECIMEN TREES = 0 TREESCONIFER REMOVALS:TOTAL TREES = 2 TREESCATEGORY B REPLACEMENT - APPX. $200 / TREE:HARDWOOD REMOVALS:6-20" DIA. TREES = 2 TREES21-30" DIA. TREES = 0 TREES+30" DIA SPECIMEN TREES = 0 TREESSOFTWOOD REMOVALS:6-11" DIA. TREES = 0 TREES12-24" DIA. TREES = 0 TREES+24" DIA. SPECIMEN TREES = 0 TREESCONIFER REMOVALS:TOTAL TREES = 4 TREES Viking Lakes Narrative Supporting Application for First Amendment to Preliminary Planned Development Agreement December 20, 2017 Applicant: MV Eagan Ventures, LLC Sheldon Road Associates, L.L.C. M Land, LLC Eagan V Land, LLC Table of Contents Page i I. INTRODUCTION ................................................................................... 1 II. PURPOSE OF THIS APPLICATION ............................................................ 2 III. REQUESTED PRELIMINARY PLANNED DEVELOPMENT AMENDMENTS ........... 3 IV. CONCLUSION ...................................................................................... 6 SCHEDULE OF EXHIBITS Tab 1: Master Plan Tab 2: Plat Tab 3: Site Map Tab 4: Monopole Location Tab 5: Monopole Rendering 1 A. Development Update On June 21, 2016, we received rezoning and preliminary planned development approvals for a 200 acre development project in Northeast Eagan called “Viking Lakes.” On October 18, 2016, we amended the Master Plan for Viking Lakes and received City Council approval of the Amended Master Plan, final subdivision approval for Viking Lakes and final planned development approval of the first phase of the Viking Lakes project – the development of the new Minnesota Vikings headquarters and training facility known as the “Twin Cities Orthopedics Performance Center.” The Performance Center is now under construction, together with an approximately 78,674 square foot Medical Office Building for Twin Cities Orthopedics and an approximately 55,208 square foot Sports Medicine Center Building for Twin Cities Orthopedics and the Vikings. We have also submitted an application for Final Planned Development approval for an approximately 57,334 rentable square foot “STEM Building” with attached 433 stall parking structure as an additional phase of the Viking Lakes Project. That application is pending. The approved Master Plan for Viking Lakes is attached at TAB 1. B. Infrastructure/Amenities Update Infrastructure construction is on schedule. Vikings Parkway construction is nearly complete – certain landscape and other aesthetic improvements will be completed in Spring, 2018. All required trunk utilities have been installed. Trail easements around the large wetlands east of the Performance Center have been dedicated to the public and the trails will be completed in Spring, 2018. Finally, our “Amenities Plan” improvements to the Plaza, Land Bridge and Stadium Drop-off cul-de-sac are now under construction. C. Subdivision Update The original plat of Viking Lakes subdivided the property into 3 lots and 3 outlots. The Performance Center is located on Lot 1, Block 1, and the Medical Office Building and Sports Medicine Center are under construction on Lot 2, Block 1. The former Delta Headquarters Building is situated on Lot 1, Block 2, and the remainder of the property was platted as Outlots A, B and C, anticipating future subdivision and development. I. INTRODUCTION 2 To facilitate development of the STEM Building and a future building adjacent to the Medical Office Building, all as shown on the Master Plan, as well as to separate the Medical Office Building, Sports Medicine Center and Amenities Plan areas into separate lots, we re- subdivided Lots 1 and 2, Block 1, Viking Lakes to create 7 lots within Block 1, as follows: • Lot 1: Performance Center • Lots 2 and 3: Amenities Plan Improvements (Plaza, Land Bridge, Stadium Drop-off Cul-de-Sac and Trails) • Lot 4: STEM Building and Accessory Parking Structure • Lot 5: Sports Medicine Center Building • Lot 6: TCO Medical Office Building • Lot 7: Future Phase Office Building This plat is called “Viking Lakes 2nd Addition” and the plat was recorded in the Dakota County land records on December 11, 2017. A copy of this plat is attached at TAB 2. We are now more than one year into the development of the Viking Lakes project and have tremendous momentum. This has caused us to accelerate certain grading and other infrastructure work to prepare other Viking Lakes sites for development. Additionally, after the date the City approved our Preliminary Planned Development and Master Plan, the Minnesota Vikings announced plans to relocate the Team’s annual training camp from Mankato to the Performance Center in 2018. To accommodate our accelerated grading schedule and to conduct training camp at the Performance Center, we request that the City approve certain amendments to our Preliminary Planned Development approvals for Viking Lakes as follows: • To permit the sale and consumption of alcoholic beverages at Viking Lakes, subject to all City ordinances; and • To permit Sprint Spectrum Realty Company (“Sprint”) to construct a 100’ communications monopole on Outlot A, Viking Lakes. We discuss each requested amendment in detail in the following section. II. PURPOSE OF THIS APPLICATION 3 A. Sale and Consumption of Alcoholic Beverages In the Project Narrative Supporting Preliminary Planned Development and Subdivision Application we submitted to the City on March 30, 2016, we stated that the Vikings desired to sell alcohol at certain stadium events. We also anticipated that restaurant, hotel and perhaps other planned uses at Viking Lakes would want to sell alcohol on their premises. At that time, while we considered the possibility that the Vikings would conduct training camp in Eagan, as well as tailgating, the Vikings had not yet decided to relocate training camp to Eagan and our plans relating to alcohol sales and consumption at Viking Lakes were undefined and premature. Additionally, for the City to permit the sale of alcohol at the Performance Center and on the Plaza, we first needed special legislation from the State of Minnesota. With the City’s support, the Minnesota Legislature enacted such special legislation. State law now permits the City to issue liquor licenses for the sale of alcoholic beverages at the Performance Center and on the Plaza. We understand the City is currently working on an amendment to its liquor license ordinances to define certain rules and regulations regarding alcohol sales and distribution at Viking Lakes. We now seek the necessary land use approvals from the City to permit us to do so. We intend to serve and sell alcoholic beverages at Viking Lakes (primarily at the Performance Center and on the Plaza/Land Bridge) in connection with the following, among others: • Minnesota Vikings training camp; • Certain events held at TCO Stadium; • Certain events, such as the Vikings’ annual draft party, that may be held in the indoor practice facility or headquarters office building; and • Events that take place on the Plaza or within the potential Skol Pavilion. The Site Map attached at TAB 3 shows locations where we anticipate liquor consumption to occur in connection with events at the Performance Center and training camp, subject to the terms of our special State legislation and City ordinances. A description of these areas follows: III. REQUESTED PRELIMINARY PLANNED DEVELOPMENT AMENDMENTS 4 • Area 1: This is the Performance Center and TCO Stadium site. State legislation permits alcohol sales within Area 1, subject to City ordinance. We anticipate conducting events within the Vikings’ Headquarters Office Building, Indoor Practice Facility and Stadium at which alcohol will be sold and served. During training camp, alcohol will be sold and served in areas outside of the buildings, perhaps from beer trucks and from tents located outside of the practice fields. • Area 2: This is the Plaza and Land Bridge Amenities Plan area. State legislation permits alcohol sales within Area 2, subject to City ordinance. We anticipate alcohol sales in these areas during training camp, stadium events (such as concerts) and, perhaps, other events, such as weddings or other private social events, that might occur on the Plaza or Land Bridge. • Area 3: This is the STEM Building, Sports Medicine Center Building and Medical Office Building area. These buildings will be occupied by operating businesses and will not typically be used for events other than certain private events that may be hosted by the businesses occupying these buildings. However, the Sports Medicine Center Building features a roof deck that we and TCO will utilize to host events at which alcohol may be served, subject to obtaining required licenses and permits from the City. Additionally, we anticipate permitting fans to “tailgate” in the parking areas within Area 3. We do not anticipate selling alcohol to tailgaters within Area 3; rather, we anticipate that tailgaters will bring their own alcohol to consume. • Area 4: As our Master Plan shows, this area is planned for conference center hotel, office and retail development as future phases. We are including this area in this application because we anticipate permitting fans to tailgate in Area 4 as well. Our amendment request is a request to obtain land use permissions from the City for alcohol sales and consumption at Viking Lakes. We or our concessionaires and caterers must still apply for and obtain required permits from the City to sell and serve alcohol at Vikings Lakes. Alcohol sales and use will be governed by City ordinance and State law. 5 We request that the City approve an amendment to our original Preliminary Planned Development approvals to permit us to sell and serve alcohol at Viking Lakes in accordance with State law and City ordinances. B. Sprint Tower We acquired the Viking Lakes property subject to a lease in favor of Sprint that permits Sprint to maintain certain cellular telephone communications equipment on the roof of the former Delta Headquarters Building. The term of the lease is scheduled to expire on November 21, 2025. As the Master Plan shows, we intend to develop the former Delta Headquarters Building property for multifamily residential purposes as a future Viking Lakes phase. We are considering accelerating our timeline for residential development and now desire to prepare that part of Viking Lakes for development. To do so, we must demolish the Delta Building and commence necessary site grading and infrastructure work. We have entered into an agreement with Sprint to temporarily relocate the Sprint equipment from the roof of the Delta Building to a temporary location near the existing CenturyLink fiber hut, until City approval and construction of a 100’ monopole and accessory equipment to be constructed on the ground at the location on Outlot A, Viking Lakes identified at TAB 4. A rendering of the monopole is attached at TAB 5. City ordinances permit the construction of such a monopole, subject to certain requirements. For instance, if the pole is between a height of 100’ and 125’ the pole must accommodate at least one other carrier in addition to Sprint. In this case, the rendering attached at TAB 5 shows a 120’ monopole, which would require a pole that can accommodate a second carrier. However, Sprint will likely install a 100’ monopole; in which event, the second carrier requirement would not apply. At this time, we request approval for a 120’ monopole that can accommodate a second carrier, with the option to replace it, if feasible for us and Sprint, with a 100’ monopole that does not accommodate a second carrier. Additionally, the monopole must be set back from public rights-of-way and boundary lines at a distance at least equal to the height of the pole. In this case, the monopole will be located (i) on an outlot; and (ii) more than 100’ from the right-of-way for O’Neill Drive. Even 6 though the platted boundary line for Lot 1, Block 1, is less than 100’ from the monopole, the monopole will be situated more than 100’ from any permanently occupied structure on Lot 1. Therefore, there is no public safety hazard caused by the monopole. Any tree removal that is necessary to construct the monopole is governed by our Tree Mitigation Plan Agreement with the City. Sprint has generously agreed to remove its equipment from the roof of the Delta Headquarters Building to accommodate our residential development plans for Viking Lakes. After analyzing a number of locations, Sprint selected the monopole location shown at TAB 4 as the optimal location for the monopole, considering all relevant factors such as cellular coverage radius and aesthetics. The monopole will not interfere with any existing or future development plans and there are no other viable locations on the property that are acceptable to us and Sprint. In short, we believe Sprint has selected the best, and least intrusive, location for the monopole and is utilizing the minimum amount of equipment necessary for Sprint’s communications services. We therefore ask that the City approve an amendment to our original Preliminary Planned Development approvals to permit Sprint to install, operate and maintain this monopole with accessory equipment in the location shown at TAB 4. We are pleased with the progress we have made to date at Viking Lakes and hope that the City is equally pleased. We started this project with a goal of transforming a beautiful, but underutilized, underserved and underdeveloped area of Eagan into a thriving mix of multiple uses that complement each other and together create a true “live, work, play” environment that is sustainable and better connected to the region and to Eagan. We have made great progress toward that goal and we ask that the City approve our requested Preliminary Planned Development amendments to help us sustain that progress and our momentum. Viking Lakes has evolved and will continue to evolve over time. We greatly appreciate our relationship with the City and its staff through this evolution and appreciate your consideration of these amendments to help us maintain our momentum for this transformative project. IV. CONCLUSION 4 1 4 2 4 3 4 4 4 5 Proposed Tailgating Conditions 3. For any tailgating event, a security plan, in a form acceptable to the chief of police, shall be implemented. 4. For any tailgating event there shall be no open flames or fire pits. Charcoal and propane grilling devices are permitted. 5. Drive aisles shall be maintained to a width of no less than 20 feet. Agenda Information Memo February 5, 2018, Eagan City Council Meeting NEW BUSINESS C. Planned Development Amendment – Lifetime Fitness / LTF Real Estate Company, LLC Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to construct an approximate 9,700 sq. ft. building expansion located at 1565 Thomas Center Dr., subject to the conditions listed in the APC minutes. Required Vote For Approval:  Majority of Council Members Present Facts:  The property is zoned PD, Planned Development, and is part of the Blackhawk Planned Development.  A 67,000 sq. ft. health club facility and associated parking are located upon the 9.4-acre property.  A PD Amendment was approved in 1996 to allow for off street parking as a principal use. That 68-stall parking lot is located across Thomas Center Drive on Lot 2, Block 1, Thomas Lake Center.  The Applicant is proposing a building addition with an overall footage of 9,509 sq. ft. with an 8,540 sq. ft. footprint.  According to the Applicant’s narrative, “a small portion of the expansion will have footage on two floors (70’x13.8’) and the remainder of the area will be an open gym area.”  The proposed exterior finish and colors would match the existing building.  The proposed expansion would reduce the existing number of stalls from 560 to 523.  According to the applicant, the resulting 523 stalls are more than the operation requires, based on their studies.  The applicant proposes to continue to direct staff to park across the street or in the far west parking lot stalls to allow for closer parking for members.  The Advisory Planning Commission held a public hearing on the proposal at their January 23, 2018 meeting, and did recommend approval. Issues: None 60-Day Agency Action Deadline:  February 18, 2018 Attachments: (4) NBC-1 Location Map NBC-2 Draft January 23, 2018 APC Minutes NBC-3 Planning Report NBC-4 Report Exhibits BEACONHILLRDBEACON ROAD. C O V I N GTON BAYLOR CT THOMASLAKERD PINETR E E TRAIL STEEPLECHASEW AY CYPRESS PTHAZELTINELA NE C.S.A.H.NO.31(PILOTKNOBRD.)AN DREW BLVD CAMELBACKDR L A K E S I D E D R VILDMAR K D RVILDM ARK CTWILDERN ESS C URV E WIL DERNESS LN OAK LEAF C IR DUNBERRY CIRDUNB ERRYLANELAKES ID E CIR CL EOME LANE COS MOS LANE COS MOS LANEEASTER LANENORTH SVENSK LNNORTH MALMO LANESIGFRID SVENSKLANENYBROCIRMALMO CIRCARLSON LAKE LANE E A S T B A LSAM TRAILCARLSONLAKELANENORTHNYBROLANE EAST S I G FRIDSTEAST BALSAM STREET LONDONLANECOVIN GTONLNWELLINGTON WAYRIDGE CLIFF DRIVEPENKWEW A Y BEACONHILLROADH IL L CAMBRIDGE DRTHOMASLNRICHARDLANER E B E C C A L NERIK'SBLVDWALDENDRRI CHARDLNCOVINGTON LA N E P ENKWECIRPENK W E W AYCLEMSON CIRCLECLEMSON DR CLE M S O N DRIVE PINETREE PA S SSTONECLIFFEDRIVETHOMASLAKERD.SUMMITPASSSTEEPLECHASECOURTW E LLINGT O NWAYRIDGEVIEWDRC H E S M A R LN CHES MAR DRIVECHESMARCRWILDERNESS RUN DRWILDERNESS RUN CTWILDERNESS RUN CIRWILDERNESS RUN ROAD N O R W O O D CIR.WESTMINSTERCRBEACON H IL LCTAMARYLLIS LANE DELORES LANE B E A C O N H IL L C R COVING T ON CR TRENTON LN STREET LODGEPOLEDRIVEPO NDEROSA CIR BALSAM STREET WALFRID ST L A K E PARK D RLAKEPARKCT SEQUOIA DRIVELODGEPOLE CTPINE T REEC U RVE L O DGEPOLED RMALLARD VIEW CTNORWOOD CTHI CK ORY L A N E THOMA S CENTER D R WALNUT L A N E H IC KORYH ILLMALLARD CIRAUBUR N CTCLE MSON C T DRIVEM ALLARDMALLARD DRIVE S O U TH M ALLARDNORTH M A LLARDTR.LAKEPARKCIRPINTAIL CTGA RD E N T RAILW OODGATELANE JOHNNYCAKERIDGEROADWEXFORDCIRWEXFORDWAY MALLARD PLACEHEINE STRASSEWEXF O RDCTTHOMASLAKERD.ANDREWBLVD INTERLACHEN DRIVE GRACE DR C OVINGTONN O R WOODDRSHEFFI E L DLNLANE .KINGSBURYDRLANCASTER LANE RICHARDS CT HEMLOCK CIR FAIRWAY HILLS DRIVEPEBBL E BEACHWAYN O R W O ODD R C.S.A.H.NO.31(PILOTKNOBRD.)C.S.A.H.NO.31(PILOTKNOBRD.)C.S.A.H.NO.32 (CLIFF ROAD)C.S.A.H. NO. 31 (PILOT KNOB ROAD)C.S.A.H.NO.31(PILOTKNOBRD.)C.S.A.H. NO. 31 (PILOT KNOB ROAD)C.S.A.H.NO.32 (CLIFF ROAD)SEQUOIA DRIVESHADOWCREEKCURVE DAKOTAPATHBLACK WOLFRUNEGL PT D R PRAIRIE DUNES WAY WINGEDFOOTTR I N T E R LACHEN DR ClearwaterPark EvergreenPark GeorgeOhmannPark CarlsonLake Park Downing Park HighlineTrailPark HeinePond Park RidgecliffParkPark ThomasLakeEast ParkThomasLakePark WaldenHeights Park Lebanon HillsRegional Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Life Time FitnessRequest: Planned Development AmendmentCase N o.: 28-PA-14-12-17 Subject Site Thomas Center Drive 200 0100 Feet ´This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2016 Project: Life Time FitnessRequest: Planned Development AmendmentCase No.: 28-PA-14-12-17 From: judytown@aol.com [mailto:judytown@aol.com]  Sent: Tuesday, January 16, 2018 7:54 AM To: APC <APC@cityofeagan.com> Subject: Lifetime Fitness Meeting January 15, 2018 RE: File 28-PA-14-12-17 Lifetime Fitness Expansion APC Meeting Tuesday, January 23, 2018 Dear Planning Commission, As a neighbor of Lifetime Fitness, I would like to object to any expansion for two reasons. One is the 1994 wood fence they constructed and promised to maintain as a condition of building their existing center. This fence borders the south side of all of our Thomas Lake Country Homes of Eagan properties. They have not kept their promise. The fence is old and rotting, with boards or entire sections falling down. For the past 2 years I have called their General Manager, Chet Hader, or Operations, John Clark, to no avail. My neighbor, Gary Krueger, had also tried many times with no response. In 2016 after several attempts and no response, I called the City of Eagan Planning and Zoning and Code to complain, and asked that they contact LTF to get an entire fallen section of the fence put upright. They succeeded, but it took many weeks before it was fixed. In 2017 after several calls to the Eagan LTF, and no return call, I had to call Lifetime Fitness Corporate Office and ask Jess Pait, Manager, to call see what she could do about getting the fence fixed on my property line. Someone made a haphazard attempt to fix it, but it is still falling down, and many, many rotted boards are loose. The fence needs to be professionally maintained or replaced. Calls need to be answered, not ignored. Their promise needs to be enforced, as we can all see the fence from our properties. There is trash along the south side of the fence, scrub trees growing under or over the fence, and their branches pushing down boards. There are many boards loose and so rotted they cannot be pounded back in. The boards on my property still aren't fixed. Secondly, more noise would be a major concern. Summers are especially loud with outdoor activities and events. Lifetime Fitness has been a bad neighbor. Why make it worse? Maybe a condition of the expansion could be to put up a new and better fence. Sincerely, Judy Peterson Judy Peterson 4528 S Mallard Trail Eagan, MN 55122 651-454-3761 From:gary krueger To:Sarah Thomas; Lisa Murphy; rjgavin1@gmail.com; rodholle@msn.com Subject:File# 28-PA -14-12-17 Date:Wednesday, January 17, 2018 7:50:34 PM Dear Sarah Thomas, My name is Gary Krueger. I live at 4532 South Mallard Trail behind Lifetime Fitness. I understand that LIfetime is proposing a 9700 square foot addition to their building. I am currently out of the country and will be unable to attend the January 23 meeting. I believe I am the only person still living in the Thomas Lake Townhouse development who was involved with the Planning Commission and City Council when the original facility was built. There were a number of commitments made by Lifetime at that time. They agreed to maintain the fence on the berm between our properties. They also committed to keep all parking lot lighting below a height that would be seen from our upper story rooms. I imagine the City has a record of the proceedings at that time. My expectation is that the proposed addition would honor these previous commitments. I can be reached by email or at 651-283-3323 if you would like to communicate further about this. Advisory Planning Commission January 23, 2018 Page 4 of 15 B. Life Time Fitness Applicant Name: Kari L Broyles, LTF Real Estate Company, Inc. Location: 1565 Thomas Center Drive; Lot 1, Block 1, Life Time Fitness Addition Application: Planned Development Amendment A Planned Development Amendment to construct approximately 9,700 sq. ft. expansion. File Number: 28-PA-14-12-17 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated January 12, 2018. Justin Schmitt, applicant, was available for questions. Member Sagstetter asked if the City had received complaints regarding parking, outdoor events or lighting. City Planner Ridley stated that he was not aware of any complaints regarding those items. Chair Piper opened the public hearing. Kathy Bahrke, 4544 S. Mallard Trail, stated her concern with lighting, the height of the addition and outdoor activities. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. City Planner Ridley explained the City’s outdoor events and noise ordinance, and stated the existing parking lot lighting would not be changed and that the addition would not be taller than the existing building. Mr. Schmitt stated there are no plans for outdoor fitness classes. Member Sagstetter moved, Member Vanderpoel seconded a motion to recommend approval of a Planned Development Amendment to allow a 9,500 sq. ft. building addition to the existing structure located at 1565 Thomas Center Drive, subject to the following conditions: 1. An Amendment to the Blackhawk Park Planed Development shall be executed and recorded with the Dakota County Recorder’s office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Elevation Plan c. Landscape Plan Advisory Planning Commission January 23, 2018 Page 5 of 15 2. The building addition shall be constructed according to the Site Plan dated January 2, 2018. 3. The Exterior Elevation Plan shall be revised to include existing and proposed building materials and colors. The proposed exterior finish materials and colors shall match the existing building. 4. A Building Permit shall be required before any construction work may commence. 5. All other terms and conditions of the Planned Development Agreement shall remain in full force and effect. 6. This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control of the site’s proposed impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 7. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide sufficient documentation of the proposed retention volume and impervious treatment areas for the individual basin areas to demonstrate that a minimum of 1,468 cubic feet of retention will be provided for stormwater runoff for a minimum impervious area of 16,020 square feet, to ensure volume control requirements are fully met for the impervious drainage areas. 8. 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 linear infiltration basin area and a minimum of one soil boring log within the small island basin, extending a minimum of 6-feet 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. 9. Prior to receiving city approval to permit land disturbing activity, the applicant shall clarify infiltration basin construction plans, details and notes to clarify appropriate sub-soil over- excavation depth, based on soil borings, bioretention soil media replacement, sub-soil ripping, construction notes to prevent equipment within the basin during and after construction, and effective erosion control at base and top of side-slopes, stable inlets, etc. in accordance with Public Works standards. Advisory Planning Commission January 23, 2018 Page 6 of 15 10. Prior to receiving city approval to permit land disturbing activity, the applicant shall clarify infiltration basin details on the planting plan to ensure live-planting across the entirety of the basin bottoms (24-inch o.c. max spacing) with plants appropriate to the expected soil moisture conditions, to the satisfaction of the City Engineer. 11. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. 12. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall be able to demonstrate to the City Engineer that the infiltration basins and soil management strategies fully function and conform to stormwater requirements. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 12, 2018 CASE: 28-PA-14-12-17 APPLICANT: LTF Real Estate Company, Inc. HEARING DATE: January 23, 2018 PROPERTY OWNER: Same APPLICATION DATE: Dec. 20, 2017 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 1565 Thomas Center Drive COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a 9,500 sq. ft. building addition to the existing structure located at 1565 Thomas Center Drive, legally described as Lot 1, Block 1, Life Time Fitness Addition. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 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 boundaries of any district or 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 Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The 9.4-acre property is located within the Blackhawk Planned Development. The property was platted in 1994 as Safari at Eagan 2nd Addition and replatted in 2000 as Lifetime Fitness Addition when additional land was added to provide more parking for the site. The existing building was constructed in 1994 and is 66,570 sq. ft. in size. A PD Amendment was approved Planning Report – Lifetime Fitness expansion January 23, 2018 Page 2 in 1996 to allow for off street parking as a principal use. Th at parking lot is located across Thomas Center Drive on Lot 2, Thomas Lake Center. The main parking lot was reconfigured in 2010 resulting in a total of 560 stalls, including the 68 stalls off-site. A 100’ Williams Brothers Pipeline easement is located on the western portion of this site. No building can be constructed on this easement. EXISTING CONDITIONS Site grading, the installation of utilities (water, storm sewer, and sanitary sewer), and the construction of the existing building and parking lot, were constructed with the development of the Lifetime Fitness Addition. The site slopes from west to east, with elevations ranging from 870 to 822. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Residential Townhomes PD, Planned Development MD, Medium Density South Thomas Lake Center in- line retail center PD, Planned Development RC, Retail Commercial East Single family homes R-1, Single Family LD, Low Density West Office PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Proposal – The applicant is proposing a 70’ x 122’ (8,540 sq. ft.) addition to the west side of the existing building. According to the Applicant’s narrative, “a small portion of the expansion will have footage on two floors (70’x13.8’) and the remainder of the area will be an open gym area. The overall footage that will be added is 9,509 sq. ft. with an 8,540 sq. ft. footprint.” The construction is proposed to being in the spring of 2018 and completed in the fall of 2018. Setbacks – The proposed building expansion meets all required setbacks. Building Materials – The exterior elevations do not provide specific building materials for the existing portion of the building. It would appear the lower level consists of a course of block Planning Report – Lifetime Fitness expansion January 23, 2018 Page 3 while the upper level consists of a course of brick; a glass dome atrium highlights the entrance to the building. According to the Exterior Elevation Plan, the expansion will be constructed of precast concrete. However, the applicant’s narrative states, “Proposed exterior finish materials and colors would match the existing building.” This is included as a condition of approval. Parking – The City Code does not provide a parking ratio for health club facilities. Upon original construction, staff referred to data counted by the Institute of Traffic Engineers (ITE) which indicated a ratio of four spaces per 1,000 sq. ft. of building. The proposed design included 5 stalls less than that required. Cross-parking easements were implemented to address the parking shortage. As previously mentioned, a PD Amendment was previously approved to allow off-street parking as a principal use to address parking shortages at peak times. The intent of the off - street parking lot was for use by employees, allowing health club patrons more parking closer to the entrance. This parking lot provides 68 parking stalls. Also, the parking lot was redesigned in 2010 to allow for the current configuration of 560 stalls, including the off-site parking lot. The proposed expansion would reduce the existing number of stalls from 560 to 523. The applicant’s narrative provides a detailed analysis on ITE data along with Life Time studies as well as peak periods around the first of the year at the Eagan location. According to the applicant, the 523 stalls remain more than the required number of stalls based on their studies. The applicant proposes to continue to direct staff to park at the off -site or far west parking lot stalls to allow for closer parking for members. Landscaping – A nominal amount of landscaping will be impacted by the proposed addition. A handful of shrubs adjacent to the west side o f the building as well as two parking lot island landscape trees will be removed. There is no landscaping proposed along the west side of the building addition; however, the applicant proposes to replace the parking lot island landscape trees with three Thornless Hawthorn Clump trees and 26 Karl Forester Grasses will be planted within the infiltration basins that are proposed within the parking lot (see Stormwater Management/Water Quality section below). Storm Water Drainage – The entire site lies within Drainage District B (as designated in the City Storm Water Management Plan – 2007). Storm water generally flows to the east, enters public storm sewer located along the south curb line of the Life Time Fitness parking lot, and to Ponds BP-18.5 and BP-13.1 immediately east of the parking lot. Planning Report – Lifetime Fitness expansion January 23, 2018 Page 4 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 fully reconstruct approximately 16,020 square feet of impervious surface, with an additional 6,130 square feet of disturbed/graded area planned to be revegetated. This redevelopment will need to comply with the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, specifically for Volume Cont rol requirements (1.1-inches of retention) for the amount of fully -reconstructed impervious surface. To meet the 1.1” Volume Control requirement for this planned project, 1,468 cubic feet of retention will need to be provided, if an acceptable Soil Manage ment Strategy is provided for the 6,130 square feet of disturbed/compacted areas that are proposed to be revegetated. The applicant proposes to meet City water quality/stormwater requirements through the on - site construction of five vegetated infiltration basins within existing parking lot islands to intercept stormwater runoff from existing parking lot impervious areas on the site to the west of the proposed project. When the infiltration basins are full, overflow would sheet flow to the site’s stormsewer system to be directed to the existing on -site rate control basins. The applicant also proposes to provide soil loosening and amendment of disturbed soils that are to be revegetated, to restore infiltration capability. Eagan Water Resources has reviewed the applicant’s plans and finds the proposed plans to meet City Code §4.34 Post-Construction Stormwater Management Volume Control Requirements are acceptable with conditions to ensure appropriate infiltration basin sizing and design, construction, protection and final stabilization/revegetation, assurances for long -term function of the implemented stormwater management system, and with the implementation of Soil Management Strategies for the disturbed soil areas to ensure infiltration capabil ity. Utilities – The existing building is connected to City sewer and water services. No new services are proposed. The addition would require the relocation of an existing private water main and fire hydrant. The hydrant is proposed to be relocated south of the addition, and a new hydrant is proposed to be added in a landscaped median in the parking lot in front of the main entrance. Eagan Engineering and Fire Department staff reviewed the proposed hydrant locations and find them acceptable. Streets/Access/Pedestrian Circulation – This property has two parking lot entrances to Thomas Center Drive. No public street access modifications are included with this proposal. The proposed addition removes several stalls from the existing parking lot west of the addition. The proposed parking lot modifications provide for parking stall and drive lane dimensions consistent with City Code. No new pedestrian facilities are proposed. Planning Report – Lifetime Fitness expansion January 23, 2018 Page 5 Easements/Permits/Right-of-Way – Existing public drainage and utility easements are currently located around the perimeter of the property and over public water main and storm sewer located within the site. Adequate right-of-way exists for Thomas Center Drive. A 100 foot wide Williams Brothers Pipeline Easement and Telecommun ications Easement is located at the far west end of the property. No easement or right -of-way modifications are proposed or required. Park and Trails – The application is not subject to Park and Trail dedications as they have been previously satisfied. Financial Obligation – At this time, there are no pending assessments on this parcel, and trunk and lateral utility charges were paid with previous development. SUMMARY/CONCLUSION Life Time Fitness is requesting approval of a Planned Development Amendment to allow a building expansion of ~9,500 sq. ft. to the existing health care facility. The expansion is proposed to the west of the existing structure, within the parking lot. The building addition will result in a loss of 37 parking stalls; however, the applicant has stated the proposed parking stalls meet industry standards and their company studies. The addition will be required to match exterior building materials and landscape vegetation will be replaced. The site’s stormwater management will be enhanced by the implementation of five storm water basins that will collect and filter storm-water runoff. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a 9,500 sq. ft. building addition to the existing structure located at 1565 Thomas Center Drive. If approved, the following conditions should apply: 1. An Amendment to the Blackhawk Park Planed Development shall be executed and recorded with the Dakota County Recorder’s office. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Elevation Plan c. Landscape Plan 2. The building addition shall be constructed according to the Site Plan dated January 2, 2018. Planning Report – Lifetime Fitness expansion January 23, 2018 Page 6 3. The Exterior Elevation Plan shall be revised to include existing and proposed building materials and colors. The proposed exterior finish materials and colors shall match the existing building. 4. A Building Permit shall be required before any construction work may commence. 5. All other terms and conditions of the Planned Development Agreement shall remain in full force and effect. 6. This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quali ty, including Runoff Rate Control and 1.1” Volume Control of the site’s proposed impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 7. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide sufficient documentation of the proposed retention volume and impervious treatment areas for the individual basin areas to demonstrate that a minimum of 1,468 cubic feet of retention will be provided for sto rmwater runoff for a minimum impervious area of 16,020 square feet, to ensure volume control requirements are fully met for the impervious drainage areas. 8. 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 linear infiltration basin area and a minimum of one soil boring log within the small island basin, extending a minimum of 6-feet 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. 9. Prior to receiving city approval to permit land disturbing activity, the applicant shall clarify infiltration basin construction plans, details and notes to clarify appropriate sub - soil over-excavation depth, based on soil borings, bioretention soil media replacement, sub-soil ripping, construction notes to preven t equipment within the basin during and after construction, and effective erosion control at base and top of side -slopes, stable inlets, etc. in accordance with Public Works standards. 10. Prior to receiving city approval to permit land disturbing activity, t he applicant shall clarify infiltration basin details on the planting plan to ensure live -planting across the entirety of the basin bottoms (24-inch o.c. max spacing) with plants appropriate to the expected soil moisture conditions, to the satisfaction of the City Engineer. Planning Report – Lifetime Fitness expansion January 23, 2018 Page 7 11. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to en sure proper operation and performance of the permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. 12. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall be able to demonstrate to the City Engineer that the infiltration basins and soil management strategies fully function and conform to stormwater requirements. BEACONHILLRDBEACON ROAD. C O V I N GTON BAYLOR CT THOMASLAKERD PINETR E E TRAIL STEEPLECHASEW AY CYPRESS PTHAZELTINELA NE C.S.A.H.NO.31(PILOTKNOBRD.)AN DREW BLVD CAMELBACKDR L A K E S I D E D R VILDMAR K D RVILDM ARK CTWILDERN ESS C URV E WIL DERNESS LN OAK LEAF C IR DUNBERRY CIRDUNB ERRYLANELAKES ID E CIR CL EOME LANE COS MOS LANE COS MOS LANEEASTER LANENORTH SVENSK LNNORTH MALMO LANESIGFRID SVENSKLANENYBROCIRMALMO CIRCARLSON LAKE LANE E A S T B A LSAM TRAILCARLSONLAKELANENORTHNYBROLANE EAST S I G FRIDSTEAST BALSAM STREET LONDONLANECOVIN GTONLNWELLINGTON WAYRIDGE CLIFF DRIVEPENKWEW A Y BEACONHILLROADH IL L CAMBRIDGE DRTHOMASLNRICHARDLANER E B E C C A L NERIK'SBLVDWALDENDRRI CHARDLNCOVINGTON LA N E P ENKWECIRPENK W E W AYCLEMSON CIRCLECLEMSON DR CLE M S O N DRIVE PINETREE PA S SSTONECLIFFEDRIVETHOMASLAKERD.SUMMITPASSSTEEPLECHASECOURTW E LLINGT O NWAYRIDGEVIEWDRC H E S M A R LN CHES MAR DRIVECHESMARCRWILDERNESS RUN DRWILDERNESS RUN CTWILDERNESS RUN CIRWILDERNESS RUN ROAD N O R W O O D CIR.WESTMINSTERCRBEACON H IL LCTAMARYLLIS LANE DELORES LANE B E A C O N H IL L C R COVING T ON CR TRENTON LN STREET LODGEPOLEDRIVEPO NDEROSA CIR BALSAM STREET WALFRID ST L A K E PARK D RLAKEPARKCT SEQUOIA DRIVELODGEPOLE CTPINE T REEC U RVE L O DGEPOLED RMALLARD VIEW CTNORWOOD CTHI CK ORY L A N E THOMA S CENTER D R WALNUT L A N E H IC KORYH ILLMALLARD CIRAUBUR N CTCLE MSON C T DRIVEM ALLARDMALLARD DRIVE S O U TH M ALLARDNORTH M A LLARDTR.LAKEPARKCIRPINTAIL CTGA RD E N T RAILW OODGATELANE JOHNNYCAKERIDGEROADWEXFORDCIRWEXFORDWAY MALLARD PLACEHEINE STRASSEWEXF O RDCTTHOMASLAKERD.ANDREWBLVD INTERLACHEN DRIVE GRACE DR C OVINGTONN O R WOODDRSHEFFI E L DLNLANE .KINGSBURYDRLANCASTER LANE RICHARDS CT HEMLOCK CIR FAIRWAY HILLS DRIVEPEBBL E BEACHWAYN O R W O ODD R C.S.A.H.NO.31(PILOTKNOBRD.)C.S.A.H.NO.31(PILOTKNOBRD.)C.S.A.H.NO.32 (CLIFF ROAD)C.S.A.H. NO. 31 (PILOT KNOB ROAD)C.S.A.H.NO.31(PILOTKNOBRD.)C.S.A.H. NO. 31 (PILOT KNOB ROAD)C.S.A.H.NO.32 (CLIFF ROAD)SEQUOIA DRIVESHADOWCREEKCURVE DAKOTAPATHBLACK WOLFRUNEGL PT D R PRAIRIE DUNES WAY WINGEDFOOTTR I N T E R LACHEN DR ClearwaterPark EvergreenPark GeorgeOhmannPark CarlsonLake Park Downing Park HighlineTrailPark HeinePond Park RidgecliffParkPark ThomasLakeEast ParkThomasLakePark WaldenHeights Park Lebanon HillsRegional Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Life Time FitnessRequest: Planned Development AmendmentCase N o.: 28-PA-14-12-17 Subject Site Thomas Center Drive 200 0100 Feet ´This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2016 Project: Life Time FitnessRequest: Planned Development AmendmentCase No.: 28-PA-14-12-17 From: judytown@aol.com [mailto:judytown@aol.com]  Sent: Tuesday, January 16, 2018 7:54 AM To: APC <APC@cityofeagan.com> Subject: Lifetime Fitness Meeting January 15, 2018 RE: File 28-PA-14-12-17 Lifetime Fitness Expansion APC Meeting Tuesday, January 23, 2018 Dear Planning Commission, As a neighbor of Lifetime Fitness, I would like to object to any expansion for two reasons. One is the 1994 wood fence they constructed and promised to maintain as a condition of building their existing center. This fence borders the south side of all of our Thomas Lake Country Homes of Eagan properties. They have not kept their promise. The fence is old and rotting, with boards or entire sections falling down. For the past 2 years I have called their General Manager, Chet Hader, or Operations, John Clark, to no avail. My neighbor, Gary Krueger, had also tried many times with no response. In 2016 after several attempts and no response, I called the City of Eagan Planning and Zoning and Code to complain, and asked that they contact LTF to get an entire fallen section of the fence put upright. They succeeded, but it took many weeks before it was fixed. In 2017 after several calls to the Eagan LTF, and no return call, I had to call Lifetime Fitness Corporate Office and ask Jess Pait, Manager, to call see what she could do about getting the fence fixed on my property line. Someone made a haphazard attempt to fix it, but it is still falling down, and many, many rotted boards are loose. The fence needs to be professionally maintained or replaced. Calls need to be answered, not ignored. Their promise needs to be enforced, as we can all see the fence from our properties. There is trash along the south side of the fence, scrub trees growing under or over the fence, and their branches pushing down boards. There are many boards loose and so rotted they cannot be pounded back in. The boards on my property still aren't fixed. Secondly, more noise would be a major concern. Summers are especially loud with outdoor activities and events. Lifetime Fitness has been a bad neighbor. Why make it worse? Maybe a condition of the expansion could be to put up a new and better fence. Sincerely, Judy Peterson Judy Peterson 4528 S Mallard Trail Eagan, MN 55122 651-454-3761 From:gary krueger To:Sarah Thomas; Lisa Murphy; rjgavin1@gmail.com; rodholle@msn.com Subject:File# 28-PA -14-12-17 Date:Wednesday, January 17, 2018 7:50:34 PM Dear Sarah Thomas, My name is Gary Krueger. I live at 4532 South Mallard Trail behind Lifetime Fitness. I understand that LIfetime is proposing a 9700 square foot addition to their building. I am currently out of the country and will be unable to attend the January 23 meeting. I believe I am the only person still living in the Thomas Lake Townhouse development who was involved with the Planning Commission and City Council when the original facility was built. There were a number of commitments made by Lifetime at that time. They agreed to maintain the fence on the berm between our properties. They also committed to keep all parking lot lighting below a height that would be seen from our upper story rooms. I imagine the City has a record of the proceedings at that time. My expectation is that the proposed addition would honor these previous commitments. I can be reached by email or at 651-283-3323 if you would like to communicate further about this. Agenda Information Memo February 5, 2018, Eagan City Council Meeting NEW BUSINESS D. Comprehensive Guide Plan Amendment – Costco Wholesale c/o TJ Design Action To Be Considered: To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment (or direct Findings of Fact for Denial) to change the land use designation from MO (Major Office) to RC (Retail Commercial) upon approximately 18.1 acres located east of Hwy 55 and north of Blue Gentian Road, southeast of the I-494/I-35E interchange. Required Vote For Approval:  At least four votes Facts:  The Applicant is requesting a change in the land use designation of this site from MO (Major Office) to RC (Retail Commercial).  The property is currently vacant, access is from Blue Gentian Road, and there are wooded areas and significant slopes, especially along the northern boundary. A wetland is present north of the property within MnDOT right-of-way. Surrounding land uses are office and industrial.  The property is zoned PD (Planned Development) and approved in 2008 for development of a 261,000 sf multi-story office building with underground and structured parking.  In 1998, the Comprehensive Guide Plan established a Special Area plan which established a long-term vision to transition the entire area from a variety of scattered uses to a more cohesive business and industrial park. A TIF District to facilitate redevelopment was approved in 2008.  Prior to the 2008 PD approval, the property consisted of multiple parcels with various zoning designations including A (Agriculture), R-1 (Single-family) and BP (Business Park).  The proposed land use amendment from MO to RC is intended to allow a members-only retail warehouse including a motor fueling station, tire center and liquor sales.  The concept Site Plan shows a 166,000 s.f. building with motor fueling station canopy and surface parking. As compared to the approved PD for multi-story office, the proposed building size is smaller (~166,000 s.f. compared to ~261,000 s.f.) and the amount of parking is less (733 stalls as compared to 1,192 stalls).  A generalized traffic study addressing peak traffic times for the proposed uses as compared to the approve office use was provided. A more detailed traffic analysis would be required with specific development plans.  The acceptability of the proposed Comp Guide Amendment and the proposed use is a policy matter for City officials. The land use change is also subject to review and approval by the Metropolitan Council. Final implementation by the City would be withheld until it is accompanied by specific development plans as part of a Planned Development Amendment.  The Advisory Planning Commission held a public hearing on the proposal at their January 23, 2018 meeting, and did recommend approval on a 5-1 vote. Issues:  None 60-Day Agency Action Deadline:  Not Applicable Attachments: (4) NBD-1 Location Map NBD-2 Draft January 23, 2018, APC Meeting Minutes NBD-3 Planning Report NBD-4 Report Exhibits C O MM E R S D R DENMARKAVELUNAR LANEEAGANDALE BOULEVARDL O N E O AKPARKWAY LONE O A K P A R K W AY BLUE GENTIAN RD KENNETH ST BEATRICE ST MCKEE ST KEEFE ST LONE OAK CIRCLEEAGAN INDUSTRIAL ROAD WESTSERVICEROADB L U E G E N T IA N R D B L U E WA T E R R D GRAND OAK CIR EGRAND OAK CIR W S T A T E T R U N K H WY . N O. 1 4 9FIRST STC.S.A.H. NO.26 (LONE OAK RD.)CO. ROAD NO. 43 LEXINGTON AVENUE SO.NORTHWEST P A R K W AYBLUEGENTIANRD WESTSERVICE ROAD INTERSTATEHWY.NO.35ESTATETRUNKHWY.NO.149STATE TRUNK HWY. NO. 55 STATEHWYNO.55 INTERSTATE HWY. NO. 35ELexingtonPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Are a Exte nt Project Name: TJ Design/CostcoRequest: Comprehensive Guide Plan Amendment Case No.: 02-CG-04-12-17 Subject Site Advisory Planning Commission January 23, 2018 Page 2 of 15 IV. PUBLIC HEARING New Business A. Costco Wholesale Applicant Name: Theodore R Johnson, Costco Wholesale c/o TJ Design Strategies Location: Lot 1, Block 1, Blue Gentian Corporate Center Application: Comprehensive Guide Plan Amendment Comprehensive Guide Plan Amendment from Major Office (MO) to Retail Commercial (RC), to allow a members-only retail use. File Number: 02-CG-04-12-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 17, 2018. Andy McIntosh, McGough Development, provided background and history of McGough’s ownership and marketing efforts for the site dating back to 2001. Mike Stratis, representing Costco, provided the background and history on Costco, their business model and why the subject site is attractive to the company. Member Piper asked why office is not a viable use at the site. Mr. McIntosh explained the demand is not there which is reflective of a macro-trend the industry has experienced since 2008. Member Torrez asked where employees are anticipated to come from. Mr. Stratis stated Costco wants the employees to all be from the local community; he further stated they do not bus/shuttle employees to their stores. Chair Piper opened the public hearing. Rick Morphew, Spectrum Business, discussed his property holdings in the area and his over- arching concern with traffic and the impacts of the proposed use to the transportation system in the general vicinity and, specifically, at Blue Gentian and Highway 55. There being no further public comment, Chair Piper closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer Nelson responded to the traffic concern by stating the applicant submitted a limited traffic analysis that compared the peak and total trips generated by the Advisory Planning Commission January 23, 2018 Page 3 of 15 approved 260,000 SF office use and the proposed Costco and the study revealed the Costco would generate far fewer traffic conflicts, particularly in the a.m. and p.m. peak times. Mr. Nelson further stated that a more complete traffic study would be required with any future rezoning applications. Member Vanderpoel stated that she did not see traffic as an issue. Member Sagstetter stated he does not see the site as true retail but that he views a warehouse retail operation in a different light. Member Piper stated he’s torn between what the applicant states is a market reality for office use compared to previous office developers that have pointed to the subject site as suitable for office. Member Heckmann moved, Member Vanderpoel seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from MO, Major Office to RC, Retail Commercial upon approximately 18.1 acres located southeast of the I-494 and I-35E interchange. Member Heckmann stated her belief that the owner has made a significant investment and reasonable marketing efforts for over ten years to attract an office user; she went on to say that Costco would provide a great service to the community. Member Torrez stated that similar to Member Sagstetter, she was also uncertain. Member Goff stated his belief that after ten plus years the market has spoken. Motion carried 5-1 (Piper). PLANNING REPORT CITY OF EAGAN REPORT DATE: January 17, 2018 CASE: 02-CG-04-12-17 APPLICANT: TJ Design/Costco HEARING DATE: January 23, 2018 PROPERTY OWNER: MG Eagan LLC APPLICATION DATE: REQUEST: Comprehensive Guide Plan Amendment PREPARED BY: Pamela Dudziak LOCATION: Southeast corner of I-494/I-35E interchange COMPREHENSIVE PLAN: MO, Major Office ZONING: PD, Planned Development SUMMARY OF REQUEST TJ Design, on behalf of Costco, is requesting approval of a Comprehensive Guide Plan Amendment from Major Office (MO) to Retail Commercial (RC), to allow a members-only retail use on Lot 1, Block 1, Blue Gentian Corporate Center. The site consists of approximately 18.1 acres and is located east of Hwy 55 and north of Blue Gentian Road, southeast of the I-494/I- 35E interchange. AUTHORITY FOR REVIEW The city’s Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city’s Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city’s Comprehensive Guide Plan is requested, it is the city’s responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city’s action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report – TJ Design/Costco January 23, 2018 Page 2 BACKGROUND/HISTORY The site was rezoned from Business Park (BP) to Planned Development (PD) in 2008. The development and use of the subject site is governed by a Planned Development Agreement dated September 2, 2008, which allows a 261,000 s.f. multi-story office building with underground and structured parking. The property was platted at that time to consolidate multiple parcels. Prior to the 2008 development plan approval, a TIF District was created over the area to facilitate redevelopment and the removal of blighted structures and obsolete uses from the property that were inconsistent with the Business Park zoning at that time. To date, the property remains vacant and the approved office development has not been constructed. Land Use History – The City’s first Comprehensive Land Use Map was adopted in 1974 and shows the site designated for Industrial land use. At that time, there were several residential homes present with zoning designations of Single-family (R-1) and Agriculture (A). In 1988, the land use designation shows Commercial Planned Development (CPD), a designation which remained until 1996, when it changed to Business Park (BP) for consistency with the newly adopted Business Park zoning ordinance. With the 1998 Comprehensive Guide Plan Update, the City was required to create consistency between the land use and zoning designations of the property. At that time, the Special Area small area plan was adopted, which acknowledged existing residential uses as conforming, and established a long-term vision to transition the entire Special Area from a variety of scattered uses to a more cohesive business and industrial park. The TIF District to facilitate the redevelopment within the Special Area was approved in 2008 and certified in 2009, and the Major Office (MO) land use designation followed the approval of the current Planned Development for multi-story office use, and was applied to the property in the 2010 Comprehensive Plan Update which eliminated the Special Area designation. Zoning History – The site was rezoned to Planned Development in 2008 with the approval of development plans for the Blue Gentian Corporate Center. PD remains the current zoning, with the PD Agreement identifying multi-story office as the approved use. Before 2008, the property consisted of three different zoning designations -- Business Park (BP), Agriculture (A), and Single-family (R-1) -- applied to various parcels that now comprise the subject site. Planning Report – TJ Design/Costco January 23, 2018 Page 3 EXISTING CONDITIONS The property is currently vacant. Access to the site is from Blue Gentian Road. There are wooded areas on the property and significant slopes, especially along the northern boundary. A wetland is present north of the property. Access to the site is available from Blue Gentian Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North I-494/I-35E Right-of-Way Right-of-Way South Office BP, Business Park SA, Special Area East Office BP, Business Park SA, Special Area West Hwy. 55/I-35E Right-of-Way Right-of-Way EVALUATION OF REQUEST Description of Proposal - The applicant is proposing a change in the land use designation of this 18.1-acre site from to MO, Major Office to RC, Retail Commercial to allow for construction of a members-only retail warehouse with liquor sales, a motor fueling station, and a tire center. The action to be considered in this application is whether to allow the change in land use from Major Office (MO) to Retail Commercial (RC) for the 18.1 acre site. If the amendment application is considered favorably, specific development plans will be reviewed at the time of a future development application for PD Amendment. Therefore, the submitted conceptual development plan illustrates the intended development, but is not part of the action before the City at this time. The narrative speaks to design details such as lighting, landscaping and building finish, and mechanical equipment screening which would be required and evaluated as part of a future PD Amendment application. Applicant’s Narrative – The applicant’s narrative describes the proposed retail operations and site development concept. The tire center is about 5,300 s.f. and is accessed through the main building. The tire center provides for tire sales and installation with five service bays. Overhead doors for access to the bays face the south. The “liquor pod” occupies approximately 8,600 s.f. of the building. According to the narrative, it is anticipated that the development “would employ approximately 200 to 250 people both full and part time.” The submitted narrative indicates the fueling station includes an 8,127 square-foot canopy, with fueling capacity for 24 cars at a time. Eight stacking lanes feed the pumps, which are automated and self-serving for Costco members only. An attendant would be present to assist Planning Report – TJ Design/Costco January 23, 2018 Page 4 with problems. Typical fueling station hours are from 5:00 a.m. to 10:00 p.m. daily. Fuel deliveries are typically two trucks per day and the fuel facility is specifically designed to avoid traffic and queuing conflicts with the warehouse. The Costco warehouse store hours are typically from 10:00 a.m. to 8:30 p.m. Monday through Friday, and Saturdays 9:30 a.m. 6:00 p.m. Deliveries occur between 3:00 a.m. and 2:30 p.m. with most completed before the store opens. Compatibility with Surrounding Area - The property is located adjacent to I-35E and I-494 to the north and Hwy. 55 to the west. Thus, the site has high visibility from three major roadways. Adjacent to the site are the Spectrum Commerce Center and Grand Oak Business Park to the south and east. The proposed change in land use introduces retail commercial use in an area consisting largely of office and industrial uses. The nearest retail commercial uses are about one mile southeast of the site on the north side of the Hwy. 55 and Hwy. 149 intersection. Sam’s Club is also located less than a mile south of the subject site. Site Plan – The conceptual site plan identifies an approximately 166,000 s.f. building with a motor fuel station. The retail building includes indoor cart storage area and liquor sales. The majority of parking on the west half of the property, and the store on the eastern half of the site. Access is proposed from Blue Gentian Road in two locations. As compared to the approved PD for multi-story office, the proposed building size is smaller (~166,000 s.f. compared to ~261,000 s.f.) and the amount of parking is less (733 stalls as compared to 1,192 stalls). Density – The proposed building provides 166,000 s.f. upon 18.1 acres, resulting in a building coverage ratio of 21.1%. This ratio excludes the motor fuel station canopy, which is approximately 8,100 s.f. Parks and Recreation – This property is subject to park and trail dedication requirements. Cash dedications are payable at the time of Building Permit at the rates then in effect. The 2018 rate for parks is $939 per 1,000 square feet of building and for trails, $1,289 per net acre. ENVIRONMENTAL IMPACTS Grading/Topography – The site has a combination of open and heavily treed areas. Former Blue Gentian Circle loops through the center of the site and connects to Blue Gentian Road near TH 55. The site has large variations in topography with the former Blue Gentian Circle roadway being the breakpoint (ridge) through the property. North of Blue Gentian Circle slopes towards I-494, and south of Blue Gentian Circle slopes toward Blue Gentian Road. Elevations range from approximately 910 down to 860. Almost the entire site would be disturbed for grading, installation of utilities, and construction of the proposed parking lot and building. Planning Report – TJ Design/Costco January 23, 2018 Page 5 Wetlands – Because the applicant is proposing no Wetland Alteration Activities – grading activities would occur no closer than approximately 100 feet from the wetland area – the applicant is not required to delineate or assess the wetland for classification by the City. This development is therefore not subject to any requirements of Section 11.67 of Eagan City Code. Tree Preservation – The site does contain several wooded areas. A significant Tree Inventory and Tree Preservation Plan will be required with a future development application. As a single- lot commercial development, allowable removal would be 30% of existing significant vegetation. Proposed removal beyond that amount is subject to mitigation in accordance with the City’s Tree Preservation Ordinance. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted land use compatibility guidelines which incorporate the 2007 Noise Policy Contours. Under these guidelines retail commercial is considered a compatible use within Noise Zone 4. INFRASTRUCTURE IMPACTS Storm Drainage – The entire site lies within Drainage District F (as designated in the City Storm Water Management Plan – 2007). The northern half of the site drains to the north toward I- 494 where it enters Pond FP-14, which is a public water (DNR#19012000) partially located in Mn/DOT right-of-way. Overflow from the pond drains westerly through a storm sewer system paralleling I-35E, where it ultimately discharges to the Minnesota River. Drainage from the south half of the site enters the storm sewer along Blue Gentian Road, where it drains easterly to City Pond FP-1 (O’Neil Pond). Overflow from that pond drains via public storm sewer to FP- 14. The development of this property will be subject to the City Code §11.67, §4.34 stormwater requirements and to MN Department of Transportation storm water permit requirements for discharge to TH 55 right-of-way. Utilities – The applicant’s site plan did not include a utility plan. Sanitary sewer District N (as designated in the City’s Comprehensive Sanitary Sewer Plan) serves the entire site. Sanitary sewer and water main of sufficient size, depth and capacity are available from Blue Gentian Road to the south for connection by this development. All existing water and sewer lines not utilized with this development should be abandoned in accordance with City standards. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Telecommunications - In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever Planning Report – TJ Design/Costco January 23, 2018 Page 6 possible. Any development of the site should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans. Water Quality – The applicant’s site plan does not show how stormwater management and water quality requirements will be addressed. This proposed new development is located in extreme north-central Eagan, where stormwater discharge leaves the City of Eagan in the public storm sewer system, crosses into Mendota Heights following Interstate 494 to the west, discharging into regional basin HP-1 before overflowing into the Minnesota River Valley. Any development will need to comply with the City of Eagan’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control. These regulations include design standards for volume control and reduction, total phosphorus control, total suspended solids control, oil and grease control, and runoff rate control performance standards. They also provide for minimization of impervious surface area and maximization of infiltration and retention, acceptable complementary stormwater treatments, pond requirements, regional ponding, and maintenance of private stormwater facilities. Streets/Access/Circulation – Public street access is proposed from Blue Gentian Road, a two lane collector roadway along the south edge of the site. Traffic/Parking Analysis – For consideration of a Comprehensive Guide Plan Amendment, the applicant provided a trip generation and parking supply comparison for the site. The review involved estimating trip generation potential and required parking supply for the project site’s approved land use (office) and comparing that to the trip generation potential and proposed parking supply for the project site’s proposed land use (Retail Commercial). A copy of the study is included in the exhibits to this report. To summarize the study, when compared to the approved office development plan, the proposed development plan is anticipated to result in: • A net decrease in AM peak-hour trip generation potential for inbound and outbound trips. • A decrease in PM peak-hour, peak-directional trip generation potential (outbound). The decrease in the peak-hour, peak-directional trips is expected to benefit the peak hour operating conditions of the transportation system as compared to the approved land use. • An increase in PM peak-hour off-peak directional trip generation potential (inbound). • A net reduction in parking supply. Traffic Study – If the Comprehensive Plan Amendment is approved, the applicant will be required to perform a more detailed and larger scale traffic study to determine any impacts to the surrounding roadway system, any necessary improvements (ie. access modifications, driveway alignment with surrounding properties, median extensions, turn lanes, striping Planning Report – TJ Design/Costco January 23, 2018 Page 7 modifications, traffic signal and intersection improvements, etc.), and be responsible to perform those improvements. Mn/DOT Plat Review Requirements – Mn/DOT performed a plat review and provided a summary of their findings and requirements dated January 10, 2018 (see attached). To summarize, Mn/DOT is requesting the following items: • Fix ALTA survey discrepancies • Provide access controls • Perform a detailed and expanded traffic study • Any access into the site should not be any closer than 500 feet form TH 55 • Provide a pedestrian connection between the bus stop in front of the property into the development • Obtain a Mn/DOT drainage permit and right-of-way permit Future Greenway Corridor – A future greenway corridor and trail is anticipated in this area. The development should be designed to accommodate these future improvements. Proposed 2018 Pavement Management Improvements - As part of the City’s Pavement Management Program, Blue Gentian Road and Blue Water Road are both currently scheduled for mill and overlay improvements in 2018 (City Project 1265). The condition of the roads currently have a Pavement Condition Index (PCI) of 36, which is in the low end of the range considered for this type of improvement. If the proposed development moves forward, the City may delay the overlay until after the site improvements are complete. All benefitting properties will be assessed for the improvements after they are complete. Easements/Permits/Right-of-Way – The development should be responsible for obtaining permits from applicable regulatory agencies, prior to building permit approval. Former Blue Gentian Circle right-of-way within the proposed plat was previously vacated by the City. A portion of the Blue Gentian Road/Circle public right-of-way remains east of the development, with the development’s private drive being shown within this right-of-way. The developer should enter into an agreement with the City providing for the private maintenance of this drive within public right-of-way. Public drainage and utility easements only currently exist along Blue Gentian Road and a portion of the west property line. Standard drainage and utility easements around the perimeter of the property, adjacent to rights-of-ways, and over public utilities should be dedicated with the development. Financial Obligation – At this time, a pending assessment in the amount of $49,212 is shown for this parcel for the proposed 2018 mill and overlay improvements (City Project 1265 – Blue Gentian Road & Blue Water Road). Planning Report – TJ Design/Costco January 23, 2018 Page 8 Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, utility related Trunk and Lateral fees and previous roadway assessments that were not previously collected, and AUAR Mitigative Traffic Improvement fees, will be collected with any development of this property. COMPREHENSIVE LAND USE IMPACTS Land Supply – The proposal shifts 18.1 acres of land from the Major Office land use category to Retail Commercial. The City is considered fully developed, with more than 95% of the City’s land developed. In recent years, the City has seen increased retail commercial development, particularly in Cedar Grove with the outlet center, and at Yankee Doodle and Pilot Knob Roads with Central Park Commons. Major office developments have continued to occur elsewhere, particularly in the northeast and northwest portions of the City (e.g. Prime Therapeutics, White House Custom Colour, Viking Lakes, and Summit Orthopedics). Land Use Designations – The current Major Office (MO) designation was applied to the property in 2010, acknowledging approved development plans for a multi-story office building on the site. The proposed Retail Commercial (RC) designation provides for a variety of retail related land uses. Shopping centers, supermarkets, drugstores, department stores, convenience center/gas stations, restaurants, hotels and other businesses offering goods and services are examples of uses allowed in this category. Neighborhood Business (NB), Commercial Shopping Center (CSC), and General Business (GB) are identified as corresponding zoning districts within the Retail Commercial land use designation. Compatibility – Compatibility considerations vary with the type and scale of development. Larger commercial developments should include unifying design elements and greater buffering when adjacent to lower intensity residential uses. Access Needs – Retail Commercial uses tend to generate substantial amounts of customer traffic. Visibility and convenient access is also important. According to the City of Eagan’s Comprehensive Guide Plan, these uses should be located along arterial or collector roads, and larger development and certain uses such as hotels also benefit from close proximity to freeway access. The subject site has high visibility along two major arterial roadways, I-494 and I-35E. However, access to the site from those points of visibility is not direct. Drivers must access Blue Gentian Road from Hwy. 149 or Hwy. 55. Hwy. 55 has no nearby interchange with either I-35E or I-494, and Hwy. 149 interchange is ½-mile from the site and is not visible to the site. Planning Report – TJ Design/Costco January 23, 2018 Page 9 Physical Suitability – According to the City of Eagan’s Comprehensive Guide Plan, commercial developments are most suitable on flat, open sites with few physical constraints, to accommodate larger building footprints and high parking needs. The subject site has some physical constraints, with some significant topography and wooded areas. SUMMARY/CONCLUSION The applicant is proposing to amend the land use designation of the 18.1 acre site from Major Office (MO) to Retail Commercial (RC) to allow a members-only retail warehouse including a motor fueling station, tire center and liquor sales. The property has been approved for multi- story office since 2008, and such development has not come to fruition. The site has high visibility from three major roadways (I-494, I-35E, and Hwy. 55). Some physical constraints are present in terms of topography and trees. Access is from Blue Gentian Road which connects to Hwy. 55 and Hwy. 149. The applicant submitted a generalized traffic study addressing peak traffic times for the proposed Retail Commercial use as compared to the existing approved Major Office use. A more detailed traffic analysis would be required with specific development plans to determine traffic impacts and possible improvements to the surrounding roadway system. Municipal utilities are present to serve the development. Any development of the site would be subject to park and trail dedications, and should accommodate a future greenway and trail corridor. A tree inventory also would be required, and mitigation applies for tree removal in excess of the allowable amount. The acceptability of the proposed Comp Guide Amendment and the proposed use is a policy matter for City officials. The Comp Guide Amendment also is subject to review and approval by the Metropolitan Council, after which the request is returned to the City for final action. It is the City’s policy to withhold final action on implementation of a land use change until it is accompanied by specific development plans. In this case, specific development plans would be required in the form of a PD Amendment application, which would go through public hearing with the Advisory Planning Commission, and then to the City Council. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from MO, Major Office to RC, Retail Commercial upon approximately 18.1 acres located southeast of the I-494 and I-35E interchange. C O MM E R S D R DENMARKAVELUNAR LANEEAGANDALE BOULEVARDL O N E O AKPARKWAY LONE O A K P A R K W AY BLUE GENTIAN RD KENNETH ST BEATRICE ST MCKEE ST KEEFE ST LONE OAK CIRCLEEAGAN INDUSTRIAL ROAD WESTSERVICEROADB L U E G E N T IA N R D B L U E WA T E R R D GRAND OAK CIR EGRAND OAK CIR W S T A T E T R U N K H WY . N O. 1 4 9FIRST STC.S.A.H. NO.26 (LONE OAK RD.)CO. ROAD NO. 43 LEXINGTON AVENUE SO.NORTHWEST P A R K W AYBLUEGENTIANRD WESTSERVICE ROAD INTERSTATEHWY.NO.35ESTATETRUNKHWY.NO.149STATE TRUNK HWY. NO. 55 STATEHWYNO.55 INTERSTATE HWY. NO. 35ELexingtonPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Are a Exte nt Project Name: TJ Design/CostcoRequest: Comprehensive Guide Plan Amendment Case No.: 02-CG-04-12-17 Subject Site HWY 55Interstate 35-E NorthInterstate 35-E SouthCO.RD.43LexingtonAvenueHWY 55 HWY 55 HWY 55 B lu e Wate r R o a d Blue Gentian Road B lu e G e n tia n R o a d 500 0250 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 Project: TJ Design/CostcoRequest: Comprehensive Guide Plan AmendmentCase No.: 02-CG-04-12-17 Interstate 494 Project Narrative Costco Wholesale Eagan, MN December 18, 2017 Costco Wholesale is seeking approval for a change in the current City’s Comprehensive Plan for the subject parcel identified as Lot 1, Block 1, Blue Gentian Corporate Center, Dakota County, Minnesota (PID# 10-14570-01-014) from Commercial-Preferred to Retail Commercial (RC). Upon approval on the Comprehensive Plan change, Costco will seek the required Plan Development approvals in order to develop a member’s only retail warehouse with approximately ±167,000 SF along with an attached tire center and liquor sales area. In addition a free standing 24 position free standing fueling facility on the Project Site. The Costco warehouse and fuel facility would employ approximately 200 to 250 people both full and part time. Legal Description Approximately 18.420 acre parcel of real property located on the north side of Blue Gentian Road with the nearest intersection of Blue Water Road, Eagan, Minnesota. The property is currently zoned Commercial – Preferred. Costco is seeking for a Comprehensive Plan amendment for a change to Retail Commercial (RC). Warehouse The warehouse would have one member entrance located at the southwest corner. The new Costco warehouse would include ancillary uses that include, but not limited to an attached tire center, bakery, pharmacy, optical center, hearing aid center, food service, liquor pod, along with the sales of over 4,000 retail products in a wide variety of product categories. Tire Center The Tire Center is a ±5,300 SF (included in previously referenced ±167,000 SF) area with member access through the inside of the main Costco building and provides for retail tire sales and a tire installation facility only. The installation facility has five bays that face toward the south to allow Costco employees to drive the cars into the installation facility. Liquor Sales The Liquor Pod is a ±8,600 SF (included in previously referenced ±167,000 SF) attached pod area with member access through the inside of the main Costco building. Loading Dock The truck loading dock would be located at the southeast edge of the building. It would face south and include four individual side-by-side loading bays. The bay doors would be equipped with sealed gaskets to limit noise impacts. The dock slab is sloped down toward the building to an elevation -4’-0” and is screened to the east with low screen wall to help mitigate visual impacts. A transformer and trash compactor would be located along the east edge of the building. Parking There is a total of 733 over-sized (includes 17 handicap accessible) stalls designed for the overall site plan. Landscaping All landscaping shall meet or exceed the requirements of The City of Eagan. Loading and Service Areas Loading and service areas, including truck bay doors, loading docks, dumpsters, etc.) shall be located adjacent to Blue Gentian Road. Exterior lighting All parking lots shall be provided with lighting that shall be either wall or pole mounted, with down‐light type luminaires, to minimize glare directed toward the streets and/or adjacent properties. Lighting heights shall be limited to 37’ including base. Façade Materials and Treatment The warehouse design is a timeless solution utilizing sustainable materials in a rich color palette of warm grey, browns and beige. Horizontal and vertical articulation of the high quality, recycled, architectural metal panels create visual interest along the façade which is then grounded with a combination of natural concrete and/or architectural CMU accents. The blend of materials and complimenting colors add texture and variation while maintaining a clean, cohesive design. The warehouse entry is protected with a large enclosed large canopy establishing a focal point to the building and site. Pedestrian scale detailing has been incorporated with the introduction accent steel and concrete benches at the column bases. The fuel facility canopy design compliments the warehouse design in both color and use of architectural metal panels. Mechanical Screening All mechanical equipment, whether located on the ground or upon the roof, shall be screened with walls or landscaping so that any individual mechanical unit is not visible from the ground level at the boundary of the properties. Setback Setbacks shall be as per the Retail Commercial Zoning District. Fueling Station The fueling facility includes an 8,127 square-foot canopy and would be located at the east edge of the site. A 195 square-foot prefabricated metal controller enclosure would be located on the southeast side of the fuel station to house the control equipment for the fueling facility. It will be designed to match the warehouse/fuel canopy colors. The fuel facility would have fueling capacity for 24 cars at a time. The fueling facility will have eight stacking lanes that will allow for an additional 32 cars to remain in line. The pumps are fully automated and self-serving for Costco members only, with a Costco attendant present to oversee operations and assist members with problems. Four underground fuel tanks would also be installed at the northern edge of the gas station, including a 20,000 gallon diesel tank. Lights would be semi-recessed into the canopy and provide both lighting during operating hours and a lower level of security lighting after hours. Typical fuel facility hours are from 5:00 a.m. to 10:00 p.m., daily. Costco Operations Costco Wholesale is a membership-only retail/wholesale business, selling high quality national brands and private label merchandise for commercial and personal use. The warehouse hours of operation are anticipated to be: Monday through Friday from 10:00 a.m. to 8:30 p.m., Saturday from 9:30 a.m. to 6:00 p.m. and Sunday from 10:00 a.m. to 6:00 p.m. Delivery hours would generally occur between 3:00 a.m. and 2:30 p.m., with most of the deliveries completed before the 10:00 a.m. opening time. Fuel would be delivered to the gasoline facility in approximately two trucks per day, as needed. The largest fuel trucks are approximately 70 feet long. While delivering the fuel, the truck would be parked in the hatched turn-out area located on the northwest side of the gas facility. The truck would not block access to any of the 24 fueling positions. The fuel facility is located at the most remote area of the Costco parcel and is specifically designed to avoid traffic and queuing conflicts with the warehouse. The fuel facility hours of operation are anticipated to be: Monday through Friday from 5:00 a.m. to 9:30 p.m., Saturday and Sunday from 5:00 a.m. to 10:00 p.m. Schedule As indicated above, Costco Wholesale is initially seeking a Comprehensive Plan Amendment for the subject parcel from Commercial-Preferred to Retail Commercial. Once approved, Costco will then submit for the required Development Approvals in order to develop the member’s only retail warehouse project. We would currently anticipate some initial tree clearing and grading in the Fall of 2018. With full construction activities starting up in the Spring of 2019 with a Fall 2019 opening. FILENAME: H:\22\22368 - COSTCO - EAGAN MN\REPORT\DRAFT\2018-1-5_EAGAN TGEN & PARKING COMPARISON.DOCX MEMORANDUM Date:January 5, 2018 Project #: 22368 To:Ted Johnson, ASLA TJ Design Strategies, Ltd. 2311 W. 22nd Street, Suite 208 Oak Brook, Illinois 60523 From:Adam Burghdoff Project:Eagan, MN Costco Subject:Trip Generation and Parking Comparison - Approved vs. Proposed Land Use Per your request, Kittelson & Associates, Inc. has reviewed the trip generation and parking supply for the vacant property located (project site) at the northwest corner of Blue Gentian Road & Blue Water Road in Eagan, Minnesota. The review involved estimating trip generation potential and required parking supply for the project site’s approved land use (office) and comparing that to the trip generation potential and proposed parking supply for the project site’s proposed land use (Costco). This memorandum summarizes the methodology and results of the evaluation. APPROVED AND PROPOSED DEVELOPMENT PROGRAMS The project site was approved for 260,000 square-feet of office in 2008. It is now proposed to develop the project site with a Costco Wholesale development. As indicated in the attached preliminary site plan, the Costco Wholesale development will contain a Costco Warehouse building with 165,959 total square feet and a 24-fueling position, members-only, gas station. While the total warehouse building footprint totals 165,959 square feet, the enclosed canopy/cart storage and mechanical room/fire department room portions are not expected to contribute to the warehouse’s trip generation potential. Therefore, these portions of the building were removed for the purposes of evaluating trip generation (165,959 – 5,196 – 2,039 = 158,724 SF). TRIP GENERATION COMPARISON – APPROVED VS. PROPOSED LAND USE Costco’s peak-hour of traffic generation typically falls outside of the traditional AM and PM peak periods (7:00 AM - 9:00 AM and 4:00 PM – 6:00 PM, respectively) of the day. Since Costco Warehouses do not open for business until 10:00 AM, the peak shopping period typically falls between 11:00 AM and 1:00 PM each day – during times when office-development trip generation and background traffic Eagan, MN Costco Project #: 22368 January 5, 2018 Page 2 volumes are low as compared to the traditional AM and PM peak hours. Therefore, the trip generation comparison was prepared for the traditional AM and PM peak periods to understand the relative difference in trips generated during the hours of the day with the highest traffic demands on the roadway system. To understand the differences in trip generation potential between the approved and proposed land use, the AM and PM peak-hour trip generation potential was estimated for the approved and proposed land uses based upon the Institute of Transportation Engineers’ (ITE) Trip Generation Manual, 10th Edition published in September 2017. For the approved office land use, the AM and PM trip generation potential were evaluated using the ITE’s land use code 710 – Office Building. Because of the office-oriented nature of this land use, no reductions for passer-by traffic were applied. For the proposed Costco land use the AM and PM peak-hour trip generation potential were evaluated using the ITE’s land use code 857 – Discount Club. Because of the retail-oriented nature of this use, a passer-by reduction of 37 percent was applied for the PM peak-hour. The passer-by reduction factor was obtained from ITE’s Trip Generation Handbook, 3rd Edition dated September 2017 (Table E.18, Page 205). A passer-by reduction was not applied to the AM peak-hour because data were not readily available; however, passer-by traffic is expected in the AM peak hour and the associated calculations herein are conservatively high. The net external trip generation potentials for the approved and proposed uses were then compared as summarized in Table 1. Table 1 – Trip Generation Summary – Approved vs. Proposed Land Use ITE AM Peak Hour PM Peak Hour Code In Out Total In Out Total Approve d Land Use Off ice 710 260 ksf 233 38 271 45 237 282 Proposed Land Use Di scount Club (Costco)857 158.724 ksf 55 23 78 332 331 663 Pass By1 n/a n/a n/a 120 125 245 Net New External 55 23 78 212 206 418 Difference in Net New External Trips -178 -15 -193 167 -31 136 Note: 1Pa s s -By tri p ra te da ta were not a va il a ble for the AM Pe a k Hour. Source s: Trip Generation Manual, 10 th Editi on - Instutute of Transportati on Engineers, 20 17 Kittelson & Assoc iates, Inc.1/5/2018 Land Use Inte nsity 37% Eagan, MN Costco Project #: 22368 January 5, 2018 Page 3 As depicted in Table 1, the proposed Costco land use is anticipated to generate fewer net new external trips in the AM peak hour. In the PM peak hour, the proposed Costco is expected to generate 167 more inbound net new external trips than the approved office use, but 31 fewer trips in the outbound direction. The net trip increase in the PM peak hour is 136 two-way trips. It is important to note that while the proposed Costco is anticipated to generate more PM peak-hour trips than the approved office, the trips generated are more evenly split inbound vs. outbound. This relatively even split results in a net reduction in peak-hour, peak-directional trips which should result in a net benefit to the transportation system as compared to the approved land use. PARKING SUPPLY Per the City of Eagan, the approved office plan was approved with 1,192 parking spaces. While preliminary parking counts are provided in the attached preliminary site plan, this plan is still subject to revision. On average, Costco Warehouse development sites typically contain 730 to 750 parking spaces. With these parking counts, the proposed land use should result in a net reduction in the range of 440 to 460 parking spaces. SUMMARY In summary, when compared to the approved office development plan, the proposed Costco development plan is anticipated to result in: A net decrease in AM peak-hour trip generation potential for inbound and outbound trips. A decrease in PM peak-hour, peak-directional trip generation potential (outbound). The decrease in the peak-hour, peak-directional trips is expected to benefit the peak hour operating conditions of the transportation system as compared to the approved land use.; An increase in PM peak-hour off-peak directional trip generation potential (inbound). A net reduction in parking supply. Should you have any questions or comments, please feel free to call me at 407-373-1116, or email me at aburghdoff@kittelson.com. ATTACHMENTS vvvvvBLUE GENTIAN RDBLUE WATER RDFUEL TRUCK ROUTEWAREHOUSE TRUCKROUTE494TRUNK HWY020'40'80'1" = 40'-0"© MG2, Inc. All rights reserved. No part of this document may be reproducedin any form or by any means without permission in writing from MG2.COSTCO WHOLESALEPRELIMINARY SITE PLANE A G A N , M I N N E S O T AA U G U S T 2 9 , 2 0 1 7EAGAN, MN00-0000-01AUGUST 29, 2017PRELIMINARYSITE PLANP11-01EAGAN, MNPARKING DATA:10' WIDE STALLSMAIN LEVEL PARKING PROVIDED:ACCESSIBLE STALLSLIQUOR SALESENCLOSED CANOPY / CART STORAGEWAREHOUSE MAIN LEVELBUILDING DATA:TOTAL BUILDING FOOTPRINT AREA:CLIENT:JURISDICTION:ZONING:NUMBER OF STALLS PER 1000 SFOF BUILDING AREA:PROJECT ADDRESS:TOTAL PARKING:##PROJECT DATACOSTCO WHOLESALE999 LAKE DRIVEISSAQUAH, WA 98027SITE DATA:INCLUDES:INCLUDES:MECHANICAL ROOM / FIRE DEPT ROOMSETBACKS:REQUIREDACTUALFRONT:TBDFRONT:TBDSIDE:TBDSIDE:TBDREAR:TBDREAR:TBDNWC OF BLUE GENTIAN RD& BLUE WATER RDEAGAN, MNCITY OF EAGANTO BE DETERMINEDTBDTBDTBDTBDTBDTBD165,959 SF150,129 SF5,196 SF8,595 SF2,039 SF733 STALLS716 STALLS17 STALLS4.41 STALLSNOTES:EXISTING CONDITIONS TO BE FIELD VERIFIED.TOTAL COSTCO SITE AREA:18.08 ACRES (787,670 SF) Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 An equal opportunity employer MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 January 10th, 2018 Michael Ridley Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 SUBJECT: Eagan Costco MnDOT Review #P17-075 SE Quad of I-35E and I-494 Eagan, Dakota County Control Section 1909 Dear Mr. Ridley, The Minnesota Department of Transportation (MnDOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following issues: Right-of-way: 1. There appear to be some discrepancies between what is shown on the ALTA Survey, what MnDOT shows, and references on the old right-of-way plats and right-of-way maps. 2. This can be found on MnDOT right-of-way maps 179-9B & 17-82 and also on MnDOT right-of-way Plat No. 19-42. MnDOT surveyor, Casey Crisp (651-366-4332 or casey.crisp@state.mn.us), must be contacted, and can help confirm which line is correct and where the discrepancies lie. Please make adjustments to the ALTA survey as determined by the comments from Casey (below). 3. MnDOT project number SP 1985-148, which is a mill and overlay project on I-494 scheduled for December, 2019, has a letting date of 12/27/2019 and should be coordinated with the project manager Mohammad Dehdashti (651-234-7606 or mohammad.dehdashti@state.mn.us). For questions regarding these comments please contact Matt Aguirre at (651) 234-7599, or matt.aguirre@state.mn.us Surveys: Access control should be shown, per the attachment at the end of this letter. For questions on this comment you may contact MnDOT surveyor, Casey Crisp (651 -366-4332 or casey.crisp@state.mn.us) Traffic: MnDOT strongly recommends that a traffic study be completed prior to the completion of any further design work for this site. Due to the nature and scale of the development, a traffic study should be completed so that any impacts to municipal, county, or MnDOT roadways can be properly evaluated and addressed. The anticipated daily trips generated by the Costco development, along with the development of the Vikings Training Cent er will likely add significant traffic to the local and state roadway network. MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 The following are MnDOT’s recommendations for a traffic study:  Weaving on I-494: This was mentioned in the letter dated April 5th, 2016 concerning the MZV Ventures AUAR16-002 (Vikings Training Center) but there is concern about weaving from traffic entering I-494 Westbound from Dodd Road and traffic exiting onto I-35E. This problem may be exacerbated with both developments in this area and should be addressed as a part of the traffic study.  Intersections/Locations that MnDOT would like to see studied: o MN 149 (Dodd Road)/I-494 Ramps o MN 55/Blue Gentian Intersection o MN 149/Blue Gentian Intersection o MN 55/ Lone Oak Road  Please include day of opening and 10 year projections in the analysis.  There is a proposed expansion of Lone Oak Road from a 2-lane facility to a 4-lane facility. Please coordinate with the County on the limits of this project.  Please involve MnDOT in discussions concerning potential mitigation on the state highway system. MnDOT’s guidance on traffic studies can be found at: http://www.dot.state.mn.us/accessmanagement/docs/pdf/manualchapters/chapter5.pdf To improve safety and traffic flow, the proposed western access to Costco on West Blue Gentian Road should be located a minimum of 500 feet from the intersection with MN 55. Additionally, please ensure that the access to the existing driveway is either removed or gated to keep vehicles from attempting to access Costco from this driveway. Complete removal may help mitigate any confusion on the part of drivers. For questions regarding these comments please contact Almin Ramic at 651-234-7824, or almin.ramic@state.mn.us. Bike-Ped/Transit: There is bus service (Minnesota Valley Transit Authority Route 436) along W. Blue Gentian Road that will pass in front of this Costco, however there aren’t any sidewalks in this area. MnDOT recommends that pedestrian access to the Costco from the bust stop be taken into account in the design. While there may not be a lot of people using the bus to reach this location-there is a possibility that people might stop on their way home to shop or to meet people at the store. This can be evaluated and discussed as a part of the traffic study. For questions regarding these comments please contact Cameron Muhic at (651) 234- 7797, or cameron.muhic@state.mn.us. Drainage Permit: A drainage permit may be required. The submitted information is not adequate to eliminate the requirement for a drainage permit. It is MnDOT's policy that current drainage patterns do not change and drainage rates to MnDOT right-of-way must not be increased. To determine if a drainage permit is needed, please provide a grading plan showing existing and proposed contours. Also provide drainage area maps for the proposed project showing existing and proposed drainage areas with flow directions indicated by arrows. Please contact Nick Olson at MnDOT Water Resources Engineering (651-234-7542) or (nicholas.olson@state.mn.us) with any questions. MnDOT Metropolitan District, Waters Edge Building, 1500 County Road B2 West, Roseville, MN 55113 Permits: No impacts to MNDOT right-of-way on I-494 or I-35E are allowed. In addition to the drainage permit, any use of or work within or affecting MnDOT right-of-way (MN 55) requires a permit. Permit forms are available from MnDOT’s utility website at http://www.dot.state.mn.us/metro/maintenance/permits.html. Please include one set of plans formatted to 11X17 with each permit application. Please submit/send all permit applications and 11 X 17plan sets to the metro permits email. Please direct any questions regarding permit requirements to Buck Craig (651-234-7911) of MnDOT’s Metro Permits Section. Review Submittal Options: MnDOT’s goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf version of the plans. MnDOT can accept the plans via e-mail at metrodevreviews.dot@state.mn.us provided that each separate e-mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT – Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 3. One (1) compact disc. 4. Plans can also be submitted to MnDOT’s External FTP Site. Please send files to: ftp://ftp2.dot.state.mn.us/pub/incoming/MetroWatersEdge/Planning Internet Explorer doesn’t work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dot@state.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, please contact me at (651) 234-7788. Sincerely, Jennifer Wiltgen Principal Planner Copy sent via E -Mail: Molly Kline, Area Engineer Sulmaan Khan, Area Engineer Casey Crisp, Surveys Almin Ramic, Traffic Buck Craig, Permits Matt Aguirre, Right of way Cameron Muhic, Bike-Ped Nicholas Olson, Water Resources Nancy Jacobson, Design Jessica Johnson, Dakota County Surveys Russell Owen, Metropolitan Council