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04/02/2019 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING APRIL 2, 2019 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 Resolution to accept donations from the Eagan Hockey Association, Dakota Electric Association and Affordable Inflatables F.SET interest rate on special assessments levied in 2019 at 4.0% G.APPROVE Contracts 19-14, 19-15, and 19-16 for Nature Trail Improvements H.APPROVE a one-year extension of Conditional Use Permit and Variance approvals for the Lebanon Hills Substation I.APPROVE First Amendment to the Purchase Agreement with Advanced Oral Surgery LLC for the sale of Lot 1, Block 1, Yankee Plaza 2nd Addition J.APPROVE Change Order #4, Contract 18-05, Central Maintenance Facility Improvements K.APPROVE Final Payment, Contract 18-05, Central Maintenance Facility Improvements L.AWARD Contract 19-01, 2019 Street Revitalization M.APPROVE Plans & Specifications, Contract 19-17, Murphy Lift Station Rehabilitation, and Authorize Advertisement for a Bid Opening N.APPROVE Dakota County Aquatic Invasive Species Grant Agreement O.ACKNOWLEDGE Completion and Authorize City Maintenance of Willow Ridge (Project 16-G) P.AMEND the 2018 and 2019 budgets Q.APPROVE contract to enter into 25 year lease agreement with RenaSola for solar garden participation R.APPROVE Water Quality and Wetland Management Plan Update V.PUBLIC HEARINGS A.APPROVE an amendment to a business subsidy pursuant to Minnesota Statutes Sections 116J.993 to 116J.995 for J & J Solutions, Inc. d/b/a Corvida Medical, Inc. VI.OLD BUSINESS VII.NEW BUSINESS A.INTERIM USE PERMIT – Country Inn & Suites/Brett Rose – A 3-year Interim Use Permit to allow 200 parking spaces for a hotel park and fly operation B.COMPREHENSIVE GUIDE PLAN AMENDMENT – Red Pine/Clements Construction, Michael Clements - A Comprehensive Guide Plan Amendment of 11.3 acres from RC, Retail Commercial to MD, Medium Density C. PLANNED DEVELOPMENT AMENDMENT – Gopher Resources/Daniel Leach - A Planned Development Amendment to allow modifications to the site layout at the Recycling Zone 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. ADJOURNMENT Memo To: Honorable Mayor and City Council Members From: City Administrator Osberg Date: March 29, 2019 Subject: Agenda Information for April 2, 2019 City Council Meeting ADOPT AGENDA After approval is given to the April 2, 2019 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 2, 2019 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 March 12, 2019 Special City Council minutes, and March 19, 2019 regular City Council meeting, as presented or modified. Attachments: (2) CA-1 March 12, 2019 Special City Council Minutes CA-2 March 19, 2019 City Council Minutes MINUTES SPECIAL CITY COUNCIL MEETING MARCH 12, 2019 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Water Resources Manager Macbeth, Fire Chief Scott, Deputy Fire Chief Springer, Fire Marshal/Deputy Chief Bramwell, Director of Communications and Engagement Ellickson, and E-TV Executive Director McIntee. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt the agenda as amended. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. JOINT MEETING WITH EAGAN-INVER GROVE HEIGHTS WATERSHED MANAGEMENT ORGANIZATION Water Resources Manager Eric Macbeth introduced board members Sharon Lencowski, Joe Reymann, and Jennifer Workman Jessness of the Eagan-Inver Grove Heights Watershed Management Organization, and Ashley Gallagher, Resource Conservationist, Dakota County Soil and Water Conservation District. Ms. Gallagher gave a presentation on the history of the Watershed Management Organization (WMO). Gallagher provided details about past and current programs, including projects. The Council discussed the programs and projects of the E-IGHWMO. The Council thanked the E-IGHWMO board members for their work. Councilmember Fields arrived at 5:45 p.m. FIRE STAFFING UPDATE City Administrator Osberg noted in 2017 the City of Eagan had a study completed by CityGate that studied Fire Department Staffing, Emergency Medical Services and Response Times. Osberg noted the study included several recommendations for change within the Eagan Fire Department including five steps to add additional career firefighters to the department. Fire Chief Scott gave an update on the first two steps and what is proposed for the future. The Council and staff discussed the proposed staffing steps for the Fire Department. Special City Council Minutes March 12, 2019 Page 2 ETV STRATEGIC PLAN City Administrator Osberg noted ETV’s Executive Director, Mike McIntee, put together a strategic plan that takes into consideration ETV’s strengths and weaknesses as well as the opportunities and threats the organization faces. The plan sets a mission, vision and long-term strategic objectives for ETV. Director of Communications and Engagement Ellickson was available for questions. McIntee gave a presentation walking through specific goals and tactics for the next year as well as the following two years. The Council and staff discussed ETV’s 2019 strategic plan. OTHER BUSINESS There was no other business to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn at 7:30 p.m. Aye: 5 Nay: 0 ______________ Date _______ Mayor _______ City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 19, 2019 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, March 19, 2019 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, Public Works Director Matthys, Community Development Director Hutmacher, Communications and Engagement Director Ellickson, Parks and Recreation Director Pimental, Police Chief New, Fire Chief Scott, City Clerk Scipioni, City Attorney Dougherty and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION Oath of Office of Newly Appointed Full-Time Firefighters Fire Chief Scott administered the Oath of Office to seven full-time firefighters Kiewatt, Drew Klees, Dan Bonin, Andrew Beskar, Tyler Moyna, Josh Freeman and Nate Miller. Oath of Office of Newly Appointed Eagan Police Officers Police Chief New administered the Oath of Office to three Police Officers Matthew Ratzloff, Kurtis Syvertsen and Sean Farnham. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of March 5, 2019 regular City Council minutes as presented or modified. B. Personnel Items: 1. It was recommended to ratify the collective bargaining agreement between the City of Eagan and Teamsters Local #320, Public Works & Parks Maintenance Unit. 2. It was recommended to accept the registration of full time Fire Captain Dale Stein and authorize the recruitment and replacement of this position. 3. It was recommended to accept the resignation of full time Utility Maintenance Worker, Michael Bucholtz and authorize the recruitment and replacement of this position. City Council Meeting Minutes March 19, 2019 2 page 4. It was recommended to approve the revisions to the Severe Weather Conditions section of the Leave of Absence Policy, found in section 16.1.5 of the Employee Handbook. 5. It was recommended to accept the resignation of seasonal and part-time recurring, non- benefit eligible employees as Cablecaster, Custodian I, Fitness Instructor, Guest Services Representative, Recreation Program Assistant, Rink Attendant, and Part-Time Firefighter. 6. It was recommended to approve the hiring of the following seasonal and part-time recurring, non-benefit eligible employees as Adult Hockey Referee, Arena Softball Umpire, and Fitness Instructor. C. It was recommended to ratify the check register dated March 1 and March 8, 2019. D. It was recommended to approve the ordinary and customary contracts with BCBSM, Inc., Eagan Athletic Association, Cedar Creek Band, VelocityEHS, Dakota Electric Association, Stantec Consulting Services, Inc., Impact Printing, and U.S. Bank National Association. E. It was recommended to declare used Fire Department SCBA units surplus and authorize their disposal by accepting the proposal attached from Fire Safety USA. F. It was recommended to approve revisions to the City Purchasing Policy. G. It was recommended to approve an Off-Sale Liquor License for Lucky’s Station LLC doing business as Lucky’s Station, 3390 Coachman Road. H. It was recommended to approve the plans and specifications for Contract 18-20 (City-Wide – Intersection, Traffic Signal, Pedestrian and Street Lighting Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m., on Tuesday, April 16, 2019, and authorize traffic control and street light materials to be directly purchased. I. It was recommended to approve the plans and specifications for Contract 19-03 (Surrey Heights/Donald Avenue – Streets and Utilities Rehabilitation) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 25, 2019. J. It was recommended to receive the bids for Contract 19-07 (2019 Water Quality & Storm Sewer Improvements), award the contract to JM Hauling LLC for the base bid in the amount of $108,903.35 and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve a Wetland Replacement Plan Application from Enclave Companies for Glen Pond Apartment Addition. L. It was recommended to receive the bids for Contract 19-12 (2019 Sanitary Sewer Lining – Sanitary Sewer Improvements), award the contract to Visu-Sewer, Inc., for the base bid in the amount of $175,466.00 and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve Traffic Control Signal Agreement with the Minnesota Department of Transportation, Dakota County Transportation Department and City of Mendota Heights for existing traffic signals on the I-494 entrance and exit ramps at Pilot Knob Road (CSAH 31). N. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation’s approval of the designation of Crestridge Drive, from Pilot Knob Road to Duckwood Drive, and existing street segment, on the City of Eagan’s Municipal State Aid (MSA) roadway system. O. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan approximately $3,300,000 from the Municipal State Aid (MSA) Construction account. P. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to release the local bond principal and interest portion of the City of Eagan’s City Council Meeting Minutes March 19, 2019 3 page annual apportionment from the Municipal State Aid (MSA) Construction and Maintenance account. Q. It was recommended to direct preparation of an ordinance amendment to City Code Section 4.34 stormwater management regulations. R. It was recommended to direct preparation of an ordinance amendment to City Code Section 9.02 regarding general parking prohibitions. S. It was recommended to approve the recommendations of the Public Works Committee regarding the final disposition of the Water Meter Replacement/Repair (R/R) Program (City Code 3.05) surcharges for the identified properties in accordance with the related City Ordinance. T. It was recommended to schedule a public hearing for April 2, 2019 to consider approving Amendment #1 for Grant Agreement #CDAP-16-0007-H-FY16 with the Minnesota Department of Employment and Economic Development (DEED) and an amendment to the Minnesota Investment Fund Loan Agreement between the City and J & J Solutions, Inc, d/b/a Corvida Medical. U. It was recommended to approve a resolution in support of the City’s grant application into the 2020 Grant Program. V. It was recommended to accept an $8,750 grant from the state Arts and Cultural Heritage Fund through the Minnesota Historical Society (MHS) to plan the preservation of Eagan Television’s (ETV) video archives. PUBLIC HEARINGS There were no Public Hearings to be heard. OLD BUSINESS Ordinance Amendment – An Ordinance Amendment to City Code Chapter 5 Regarding Brewer Taproom Regulations and Consumption and Display Permit Regulations City Administrator Osberg introduced the item noting City Code Chapter 5 regulates taprooms, which are on-sale alcohol establishments within a brewery. City taproom regulations prohibit the consumption of alcoholic beverages not brewed on-site. A licensed taproom has expressed an interest in applying for a Consumption and Display Permit. The ordinance amendment would change the taproom regulations to allow alcoholic beverages to be brought into an establishment by patrons for consumption. Osberg noted the ordinance amendment would also update the allowed hours of operation for Consumption and Display Permits to 8 a.m. and 2 a.m., Monday through Sunday. City Clerk Scipioni was available for questions. Dan Jacobs, Bald Man Brewing, was available for questions. The Council discussed the ordinance amendment. City Council Meeting Minutes March 19, 2019 4 page Mayor Maguire opened the public comment. There being no public comment he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to City Code Chapter 5 regarding brewer taproom regulations and consumption and display permit regulations. Aye: 5 Nay: 0 NEW BUSINESS There were no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:01 p.m. Aye: 5 Nay: 0 _______ Date ______ Mayor _______ City Clerk Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action to Be Considered: Accept the resignation of Jarvis Groth, Utility Maintenance Worker, and authorize the recruitment and replacement of this position. ITEM 2. Action to Be Considered: Approve the hiring of the following seasonal and part time recurring, non-benefit eligible employees: Anna Battistini Recreation Program Assistant Samuel Eisenbeis Art House Instructor II Chelsea Novotny Art House Instructor II Cora Williams Art House Instructor II Melisa Sturman Art House Instructor II ITEM 3. Action to Be Considered: Accept the resignation of the following seasonal and part-time recurring, non-benefit eligible employees: Jackie Mart Group Fitness Instructor ITEM 4. Action to Be Considered: Acknowledge the resignation/retirement of Sheldon Libman, Accountant I, and authorize the replacement of an Accountant I position. Facts: Mr. Libman is retiring after serving more than 18 years as an Accountant with the City of Eagan The Finance Department will reassign his duties to the other Accountant I position (There are a total of two (2) Accountant I positions in the department). Therefore, the utility billing and special assessment duties will be posted under the Accountant I vacancy These accounting related utility billing duties were previously performed by Joseph Gibbs. INFORMATIVE: Devon Libby was hired as GIS Technician o This position was approved for hire on January 15, 2019. Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated March 15 and March 22, 2019, as presented. Attachments: (2) CC-1 Check register dated March 15, 2019 CC-2 Check register dated March 22, 2019 3/14/2019City of Eagan 15:57:16R55CKR2 LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204514 3/12/2019 142286 COMCAST 21.04- JANUARY 2019 293290 877210508005717 3CR-122018 0301.65693/8/2019 Maintenance Contracts IT-Gen & Admn 8.42 ADAPTERS-JANUARY 2019 293292 877210508005717 3-12202018 0301.65693/12/2019 Maintenance Contracts IT-Gen & Admn 8.42 ADAPTERS-FEBRUARY 2019 293293 877210508005717 3-01202019 0301.65693/12/2019 Maintenance Contracts IT-Gen & Admn 8.42 ADAPTERS-MARCH 2019 293294 877210508005717 3-02202019 0301.65693/12/2019 Maintenance Contracts IT-Gen & Admn 4.22 204515 3/12/2019 153609 MARKERTEK 219.70 CAMERA CABLES 293291 1433953 9701.62203/8/2019 Operating Supplies - General PEG-eligible 219.70 204516 3/15/2019 152114 3 GUYS SEWING 24.00 CLOTHING-TISOR 293295 5989 6101.21153/13/2019 Clothing Allowance Water -Administration 24.00 204517 3/15/2019 139117 ABM ONSITE SERVICES-MIDWEST INC. 3,128.33 CUSTODIAL-MARCH 2019 293308 13574452 3316.65373/13/2019 Janitorial Service Police 3,485.18 CUSTODIAL-MARCH 2019 293308 13574452 3315.65373/13/2019 Janitorial Service City Hall 1,485.23 CUSTODIAL-MARCH 2019 293308 13574452 3313.65373/13/2019 Janitorial Service Fire Buildings 1,569.63 CUSTODIAL-MARCH 2019 293308 13574452 3314.65373/13/2019 Janitorial Service Central Maintenance 930.42 CUSTODIAL-MARCH 2019 293308 13574452 6101.65373/13/2019 Janitorial Service Water -Administration 10,598.79 204518 3/15/2019 121083 ASPEN MILLS 15.85 UNIFORM NAMETAG-BURKSTRAND 293296 231541 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 177.12 UNIFORMS- KIEWATT 293297 232646 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 167.23 UNIFORMS-FREEMAN 293298 232647 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 186.13 NEW HIRE UNIFORMS 293299 232939 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 167.23 NEW HIRE UNIFORMS 293300 232941 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 167.23 NEW HIRE UNIFORMS 293301 232940 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 167.23 NEW HIRE UNIFORMS 293302 232942 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 167.23 NEW HIRE UNIFORMS 293303 232943 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 36.50- CR INV 213868 293306 213868-CR 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 75.61- OVRPMNT CH 168168 293307 96675-CR 1221.62243/13/2019 Clothing/Personal Equipment Administration-Fire 1,103.14 204519 3/15/2019 101609 ASPEN WASTE 3/28/19 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204519 3/15/2019 101609 ASPEN WASTE Continued... 421.28 WASTE 293304 S1321957-030119 6827.65393/13/2019 Waste Removal/Sanitation Servi Building Maintenance 413.45 WASTE 293305 S1322104-022819 3314.65393/13/2019 Waste Removal/Sanitation Servi Central Maintenance 101.06 WASTE 293309 S1321981-030119 3313.65393/13/2019 Waste Removal/Sanitation Servi Fire Buildings 375.17 WASTE 293310 S1322021-030119 3304.65393/13/2019 Waste Removal/Sanitation Servi Bldg/Facilities Maintenance 45.78 WASTE 293311 S1321999-030119 3313.65393/13/2019 Waste Removal/Sanitation Servi Fire Buildings 70.58 WASTE 293312 S1322005-030119 3313.65393/13/2019 Waste Removal/Sanitation Servi Fire Buildings 90.00 WASTE 293313 S1322088-030119 3314.65393/13/2019 Waste Removal/Sanitation Servi Central Maintenance 59.55 WASTE 293314 S1366341-030119 3313.65393/13/2019 Waste Removal/Sanitation Servi Fire Buildings 325.17 WASTE REMOVAL 293315 S1322047-030119 6603.65393/13/2019 Waste Removal/Sanitation Servi Building Repair & Maint. 1,902.04 204520 3/15/2019 143103 AT&T 125.00 INV SUBPEONA 293536 304508 1105.65203/14/2019 Major Investigation Expenses Investigation/Crime Prevention 125.00 204521 3/15/2019 146829 AT&T MOBILITY 39.23 1/18/19-2/17/19 293316 287262588400X02 252019 2010.63553/13/2019 Cellular Telephone Service General Engineering 126.40 1/18/19-2/17/19 293316 287262588400X02 252019 9701.63553/13/2019 Cellular Telephone Service PEG-eligible 165.63 204522 3/15/2019 100270 BAHRKE, JEFFREY 15.00 EMT RECERT 293322 022419 1223.63203/13/2019 Instructors Training Fire & EMS 15.00 204523 3/15/2019 120133 BAILEY, PAUL 148.44 CLOTHING ALLOWANCE - BAILEY 293323 030419 6101.21153/13/2019 Clothing Allowance Water -Administration 148.44 204524 3/15/2019 100487 BARR ENGINEERING CO 872.00 ENGINEERING SERVICES 293317 23191139.19-8 6541.6712 P13223/13/2019 Project - Engineering Capital Proj-Renew&Repl-cr1126 796.00 ENGINEERING SERVICES 293317 23191139.19-8 6541.6712 P13023/13/2019 Project - Engineering Capital Proj-Renew&Repl-cr1126 1,473.64 ENGINEERING SERVICES 293317 23191139.19-8 6541.6712 P13033/13/2019 Project - Engineering Capital Proj-Renew&Repl-cr1126 815.00 ENGINEERING SERVICES 293317 23191139.19-8 6541.6712 P13043/13/2019 Project - Engineering Capital Proj-Renew&Repl-cr1126 1,150.50 REUSE PROJECT 293318 23191402.00-2 6113.6310 P12083/13/2019 Professional Services-General Preparation/ Research/ Writing 5,107.14 204525 3/15/2019 100397 BATTERIES PLUS 11.10 PD EQUIPMENT 293509 026-P11913526 1104.62203/14/2019 Operating Supplies - General Patrolling/Traffic 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204525 3/15/2019 100397 BATTERIES PLUS Continued... 11.10 204526 3/15/2019 146483 BIRCH 3,127.50 CONTRACT CDS SNOW REMOVAL 293537 26881 2240.65643/14/2019 Snow & Ice Removal Street Plowing/Sanding 5,017.50 2/12/19 & 2/13/19 PLOWING 293538 26715 2240.65643/14/2019 Snow & Ice Removal Street Plowing/Sanding 8,145.00 204527 3/15/2019 148777 BLACK & VEATCH CORPORATION 1,197.50 MASTER PLANNING - INTEGRATED 293319 1281499 6113.6310 C11213/13/2019 Professional Services-General Preparation/ Research/ Writing 6,195.00 MASTER PLANNING - INTEGRATED 293320 1290105 6113.6310 C11213/13/2019 Professional Services-General Preparation/ Research/ Writing 5,490.00 MASTER PLANNING - SANITARY 293321 1290094 6206.6310 C11223/13/2019 Professional Services-General Preparation/ Research/ Writing 12,882.50 204528 3/15/2019 143108 BLOOMINGTON, CITY OF 735.00 BAC-T LAB 293324 1900058 6149.63233/13/2019 Testing Services Water Sampling/Testing 735.00 204529 3/15/2019 131767 BOLTON & MENK INC. 5,457.50 INTERSECTION ANALYSIS JAN 2019 293484 0229854 8339.67133/14/2019 Project - Outside Engineering P 1339 Diffley Rd/ Braddock Tr 5,457.50 204530 3/15/2019 148751 CAMPBELL KNUTSON 27,288.54 CITY ATTORNEY BILL 293533 3407-999G-02281 9 0602.63113/14/2019 Legal Prosecuting Attorney 27,288.54 204531 3/15/2019 152805 CANTEEN REFRESHMENT SERVICES 52.02 CANTEEN CONCESSION RESALE 293325 141780000054842 6806.68553/13/2019 Merchandise for Resale Concessions 635.50 COFFEE RESALE-CANTEEN 293325 141780000054842 6830.68553/13/2019 Merchandise for Resale Coffee Bar 687.52 204532 3/15/2019 144412 CASSIDY-TRICKER INDUSTRIAL SALES INC. 236.76 SHELVING 293326 5512245 6501.66603/13/2019 Office Furnishings & Equipment G/A - Water Quality 236.76 204533 3/15/2019 100655 CENAIKO COMPANIES 3,090.00 PIPE AND DRAPE 293327 ESHL2019 6616.62203/13/2019 Operating Supplies - General Home Garden & Leisure Show 3,090.00 204534 3/15/2019 142846 CENTURYLINK 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204534 3/15/2019 142846 CENTURYLINK Continued... 141.08 293328 612E12-0825197- MAR19 6101.63473/13/2019 Telephone Service & Line Charg Water -Administration 423.24 293329 612E12-1089411- MAR19 6101.63473/13/2019 Telephone Service & Line Charg Water -Administration 141.08 293330 612E12-6449410- MAR19 6101.63473/13/2019 Telephone Service & Line Charg Water -Administration 141.08 293331 612E12-8187409- MAR19 6101.63473/13/2019 Telephone Service & Line Charg Water -Administration 547.74 OAK POND LIFTSTATION 293332 612E06-3878017- MAR19 6239.63473/13/2019 Telephone Service & Line Charg Lift Station Maintenanc/Repair 135.74 COMM LINE BTWN TRMNT PLANTS 293333 612E06-1331048- MAR19 6101.63523/13/2019 Telephone Circuits Water -Administration 66.00 SPERRY TOWER RADIO LINES 293334 612E12-1121206- MAR19 6101.63473/13/2019 Telephone Service & Line Charg Water -Administration 1,595.96 204535 3/15/2019 142837 CENTURYLINK (R) 1,031.24 MAR 2019 TELEPHONE 293489 1462892075 9695.63473/14/2019 Telephone Service & Line Charg Dakota Co Drug Task Force 1,031.24 204536 3/15/2019 151299 CINTAS 168.00 SHOP TOWELS 293335 4017474932 2401.62413/13/2019 Shop Materials Gen/Adm-Central Services 94.08 SHOP TOWELS 293336 4017474967 2401.62413/13/2019 Shop Materials Gen/Adm-Central Services 60.52 RUGS 293337 4017474981 3314.65693/13/2019 Maintenance Contracts Central Maintenance 50.20 RUGS 293338 4017474990 3315.65693/13/2019 Maintenance Contracts City Hall 8.62 RUGS 293339 4017853109 3313.65693/13/2019 Maintenance Contracts Fire Buildings 381.42 204537 3/15/2019 142286 COMCAST 21.08 COMCAST 3/6/19-4/4/19 293340 877210508075712 9-022519 1221.65353/13/2019 Other Contractual Services Administration-Fire 21.08 204538 3/15/2019 142286 COMCAST 2.10 3/9/19-4/9/19 293341 877210508073668 5-030119 6146.65353/13/2019 Other Contractual Services North Plant Building 2.10 204539 3/15/2019 100040 CONT SAFETY EQUIP 180.20 SAFETY EQUIPMENT 293485 449515 3170.62223/14/2019 Medical/Rescue/Safety Supplies General AdmIn-Parks 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204539 3/15/2019 100040 CONT SAFETY EQUIP Continued... 180.20 204540 3/15/2019 128201 CONTINENTAL CLAY COMPANY 199.22 PROGRAM SUPPLIES 293342 INV000131969 3081.62273/13/2019 Recreation Equipment/Supplies Arts & Humanities Council 199.22 204541 3/15/2019 150880 CORE & MAIN LP 6,000.00 AMI UPGRADE 293343 K177821 6162.66303/13/2019 Other Improvements Meter Reading 6,000.00 204542 3/15/2019 152916 CORNERSTONE PARKING GROUP 343.88 CINTAS FLOOR MATS 2 INVOICES 293486 1672 9116.62233/14/2019 Building/Cleaning Supplies Cedar Grove Parking Garage 343.88 204543 3/15/2019 143852 CROSSROADS LLP 25.00 OVRPMNT 3624 DENMARK AVE 293344 030819-1 9220.22503/13/2019 Escrow Deposits Public Utilities 25.00 204544 3/15/2019 100365 DAK CTY CLERK OF COURT 300.00 TANNER MITCHELL MARKO 293345 226449 9001.22603/13/2019 Bail Deposits General Fund 300.00 204545 3/15/2019 120622 DAKOTA COMMUNICATIONS CENTER 113,426.00 DCC FEES MONTHLY-APR 19 293510 EA2019-04 1108.63303/14/2019 DCC Fees Communications 113,426.00 204546 3/15/2019 144803 DAKOTA COUNTY - PERMITS OFFICE 125.00 OBSTRUCTION PERMIT 293346 25871 2010.64803/13/2019 Licenses, Permits and Taxes General Engineering 125.00 204547 3/15/2019 133868 DAKOTA COUNTY FINANCIAL SERVICES 808,370.83 CONSTR, ENG, R/W AND MISC PROJ 293347 00034243 8095.67183/13/2019 Project - Other Charges P1095 Pilot Knob-Yankee Ddl Rd 2,659.62 PD RADIO FEES MONTHLY-FEB19 293511 00034311 1108.65693/14/2019 Maintenance Contracts Communications 2,286.34 EFD RADIO FEES MONTHLY-FEB19 293511 00034311 1221.65353/14/2019 Other Contractual Services Administration-Fire 813,316.79 204548 3/15/2019 100050 DAKOTA ELECTRIC 147.64 HOLZ FARM 293348 100914-1-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 22.31 DIFFLEY/LEXINGTON 293349 101738-3-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 23.58 DIFFLEY/LEXINGTON 293350 102634-3-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204548 3/15/2019 100050 DAKOTA ELECTRIC Continued... 42.04 OAK POND RD LIFTSTATION 293351 102843-0-FEB19 6239.64083/13/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 26.11 DIFFLEY/LEXINGTON 293352 103085-7-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 30,020.36 RIVER HILLS STREET LITES 293353 129548-4-FEB19 6301.64063/13/2019 Electricity-Street Lights Street Lighting 44.35 JOHNNYCAKE/CLIFF SIGNALS 293354 141558-7-FEB19 6301.64073/13/2019 Electricity-Signal Lights Street Lighting 62.58 GUN CLUB RD LIFTSTATION 293355 166469-7-FEB19 6239.64083/13/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 87.86 TRAPP LAKE PARK 293356 172633-0-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 1,341.92 HOLLAND STORM 293357 183413-4-FEB19 6439.64083/13/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 372.87 ELRENE RD HOCKEY RINK 293358 192536-1-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 1,286.27 CANTER GLEN STORM 293359 193566-7-FEB19 6439.64083/13/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 142.10 LEXINGTON RESERVOIR 293360 200603-9-FEB19 6154.64093/13/2019 Electricity-Wells/Booster Stat South Plant Building 31.89 WESCOTT STORM 293361 201101-3-FEB19 6439.64083/13/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 73.75 WOODLANDS STORM 293362 201125-2-FEB19 6439.64083/13/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 136.56 NORTHVIEW PARK 293363 203049-2-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 26.81 OHMAN PARK SHELTER 293364 205375-9-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 14.00 DIFFLEY ROAD TUNNEL LITES 293365 214662-9-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 45.62 LEXINGTON/DIFFLEY 293366 221769-3-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 63.97 620 CLIFF RD AERATOR 293367 226044-6-FEB19 6520.64053/13/2019 Electricity Basin Mgmt-Aeration 51.04 MAJESTIC OAKS SAN 293368 288226-4-FEB19 6239.64083/13/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 175.56 HAY LAKE RD AERATOR 293369 371946-5-FEB19 6520.64053/13/2019 Electricity Basin Mgmt-Aeration 17.47 WESCOTT GAZEBO 293370 393793-5-FEB19 3106.64053/13/2019 Electricity Structure Care & Maintenance 128.25 STEEPLECHASE LIFTSTATION 293371 401500-4-FEB19 6239.64053/13/2019 Electricity Lift Station 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Installation 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204552 3/15/2019 100387 EAGAN GENERAL REPAIR Continued... 225.00 LIFTSTATION REPAIRS 293378 27730 6239.64323/13/2019 Utility System Repair-Labor Lift Station Maintenanc/Repair 30.00 HOCKEY GOALS 293487 27744 3103.62343/14/2019 Field/Other Equipment Repair Site Amenity Maintenance 409.77 204553 3/15/2019 150747 EAGAN KICK-START ROTARY CLUB 205.00 293387 505 3001.64763/13/2019 Conferences/Meetings/Training General/Admn-Recreation 205.00 Q2 ROTARY DUES-SPRINGER 293490 473 1221.64773/14/2019 Local Meeting Expenses Administration-Fire 410.00 204554 3/15/2019 100060 ECM PUBLISHERS INC 530.75 SUN THIS WEEK-COMM CONN 293388 673577 3079.63573/13/2019 Advertising/Publication Special Events 530.75 204555 3/15/2019 116772 ECSI 245.00 FIRE ALARM REPAIR 293380 261568 6827.65353/13/2019 Other Contractual Services Building Maintenance 245.00 204556 3/15/2019 153845 EVANSEN, ANDREW 1,800.00 WATERCOLOR WORKSHOP 293389 1862 3081.63203/13/2019 Instructors Arts & Humanities Council 400.00 OVERHEAD MIRROR 293389 1862 3081.62273/13/2019 Recreation Equipment/Supplies Arts & Humanities Council 2,200.00 204557 3/15/2019 100062 FACTORY MOTOR PARTS CO 94.44 DEF FLUID STREETS 293381 1-5872604 2244.62353/13/2019 Fuel, Lubricants, Additives Street Equipment Repair/Mtn 94.44 204558 3/15/2019 100451 FASTENAL COMPANY 21.58 SHEAR BOLTS JD BLOWER 293382 MNTC1227998 2244.62313/13/2019 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 21.58 204559 3/15/2019 122976 FIRE SAFETY USA INC. 1,025.00 NEW LADDER 1 EQUIPMENT 293383 120374 9346.66803/13/2019 Mobile Equipment Fire Apparatus Revolving 84.00 NEW LADDER 1 EQUIPMENT 293384 120339 9346.66803/13/2019 Mobile Equipment Fire Apparatus Revolving 653.00 NEW LADDER 1 EQUIPMENT 293385 120097 9346.66803/13/2019 Mobile Equipment Fire Apparatus Revolving 191.00 NEW LADDER 1 EQUIPMENT 293386 120101 9346.66803/13/2019 Mobile Equipment Fire Apparatus Revolving 1,953.00 204560 3/15/2019 143971 FLEETPRIDE 70.08 EQUIP REPAIR 126 293534 21626893 2244.62313/14/2019 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 70.08 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204560 3/15/2019 143971 FLEETPRIDE Continued... 204561 3/15/2019 100157 FORCE AMERICA INC 83.16 PLOW CALIBRATION KEYS 293535 IN001-1320981 2240.62563/14/2019 Snow Removal/Ice Control Suppl Street Plowing/Sanding 83.16 204562 3/15/2019 143003 FORKLIFTS OF MINNESOTA INC. 545.00 FORKLIFT RENTAL2/26-2/27/19 293399 01R6925270 6602.64573/13/2019 Machinery & Equipment-Rental Equipment Repair & Maint. 545.00 204563 3/15/2019 100529 GASTFIELD MAINTENANCE PLUS, BOB 370.00 ART HOUSE CLEANING FEB19 293390 022819-ARTHOUSE 3106.65373/13/2019 Janitorial Service Structure Care & Maintenance 896.00 CUSTODIAL-FEB 2019 293391 022819 3313.65373/13/2019 Janitorial Service Fire Buildings 1,266.00 204564 3/15/2019 102980 GILBERT MECHANICAL CONTRACTORS, INC. 380.75 HVAC REPAIR 293392 177231 3313.65353/13/2019 Other Contractual Services Fire Buildings 380.75 204565 3/15/2019 100077 GOPHER ST ONE CALL 136.35 ONE CALL FEE-FEB 2019 293400 9020337 6234.63563/13/2019 One Call Service Fee Utility Locates 39.15 ONE CALL FEE-FEB 2019 293400 9020337 4002.65693/13/2019 Maintenance Contracts Fiber capacity project 175.50 204566 3/15/2019 101884 GRAFIX SHOPPE 10.00 HELMET GRAPHICS 293393 126200 1225.62243/13/2019 Clothing/Personal Equipment Fire / EMS Equipment 10.00 204567 3/15/2019 100990 GRAINGER 16.51 SPILL KIT SIGNS 293394 9106910707 6524.62573/13/2019 Signs & Striping Material Basin Mgmt-Emergency Cleanup 16.51 204568 3/15/2019 153859 GUADALAJARA, MIGUEL 28.23 12233-OVRPMNT 4344 FOX RIDGE C 293395 030719 9220.22503/13/2019 Escrow Deposits Public Utilities 28.23 204569 3/15/2019 153860 HANSMEIER, M 18.80 12233-OVRPMNT 2092 CLIFFVIEW D 293396 030719 9220.22503/13/2019 Escrow Deposits Public Utilities 18.80 204570 3/15/2019 100085 HARDWARE HANK 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204570 3/15/2019 100085 HARDWARE HANK Continued... 10.37 PLUMBING FOR FILTER NTP AND T 293397 1814229 6147.62303/13/2019 Repair/Maintenance Supplies-Ge North Plant Production 10.37 204571 3/15/2019 110749 HARRIS COMPANIES 9,748.75 MAINT AGREEMENT 293398 505007746 6602.65693/13/2019 Maintenance Contracts Equipment Repair & Maint. 9,748.75 204572 3/15/2019 100267 HAYES ELECTRIC 309.87 AERATION WIRING REPAIRS 293401 4292 6520.65353/13/2019 Other Contractual Services Basin Mgmt-Aeration 1,472.00 PAINT STATION 293402 4290-030219 3127.64283/13/2019 Field/Other Equipment Repair-L Equipment Maintenance/Repair 119.42 PAINT STATION 293402 4290-030219 3127.62313/13/2019 Mobile Equipment Repair Parts Equipment Maintenance/Repair 1,901.29 204573 3/15/2019 141048 HORNSTEIN, CHERYL 1,500.00 WINTER 2 BILL 293403 2-030719 3057.63203/13/2019 Instructors Preschool Programs 1,500.00 204574 3/15/2019 150406 HUELIFE LLC 460.00 OFFICER TRAINING CLASS DEVELOP 293488 1622 1223.63203/14/2019 Instructors Training Fire & EMS 460.00 204575 3/15/2019 104674 INDELCO PLASTICS CORP. 75.21 NTP FL2 ANALYZER FEED LINE 293404 INV098078 6147.62603/13/2019 Utility System Parts/Supplies North Plant Production 661.87 PRV FOR ANALYZERS NTP 293405 INV098571 6147.62603/13/2019 Utility System Parts/Supplies North Plant Production 737.08 204576 3/15/2019 115233 I-STATE TRUCK CENTER 6,366.82 UNIT 1219 293406 R242101674:01 9001.14153/13/2019 Inventory - Parts General Fund 438.71 RO 315 293407 C242573965:01 9001.14153/13/2019 Inventory - Parts General Fund 6,805.53 204577 3/15/2019 150756 J & R EQUIPMENT REPAIR INC 385.45 J & R EQUIPMENT - FITNESS RPR 293408 3375 6807.62323/13/2019 Small Equipment Repair Parts Fitness Center 195.00 J & R EQUIPMENT - FITNESS RPR 293409 3630 6807.62323/13/2019 Small Equipment Repair Parts Fitness Center 580.45 204578 3/15/2019 104485 JANECKY PLUMBING SERVICE, INC. 1,060.00 PLUMBING REPAIR 293410 117875 3313.65353/13/2019 Other Contractual Services Fire Buildings 1,060.00 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204580 3/15/2019 153861 KELLIN, JOE Continued... 21.89 12233-OVRPMNT 1796 SILVER BELL 293411 030719 9220.22503/13/2019 Escrow Deposits Public Utilities 21.89 204581 3/15/2019 127571 KOEHLE, JESSICA 56.04 AFS CONFERENCE TRAVEL 293416 022719 6511.64763/13/2019 Conferences/Meetings/Training Training/Conferences/Schools 56.04 204582 3/15/2019 146762 KRAFT CONTRACTING & MECHANICAL LLC 1,265.00 WELL 12 HEATER REPLACED 293412 14460 6156.64273/13/2019 Building Operations/Repair-Lab South Well Field 298.00 NTP BOILER 1 GLYCOL LEAK 293413 14424 6146.64273/13/2019 Building Operations/Repair-Lab North Plant Building 1,563.00 204583 3/15/2019 100644 LANGUAGE LINE SERVICES 83.27 LANGUAGE LINE 293512 4519657 1104.63103/14/2019 Professional Services-General Patrolling/Traffic 83.27 204585 3/15/2019 100691 LEAGUE OF MINN CITIES 40.00 LEAGUE MN CITIES-WATRY/FISCHER 293417 289967 3173.64773/13/2019 Local Meeting Expenses Conferences/Professional Dev 40.00 204586 3/15/2019 100420 LEAGUE OF MINN CITIES INS TRUST 105,514.00 2018-2019 PREMIUM - 4TH INSTAL 293418 40001024-030419 9591.63853/13/2019 Insurance Risk Management 105,514.00 204587 3/15/2019 100490 LIFEWORKS 101.43 SKYHILL CLEANING 293414 067226 3106.65373/13/2019 Janitorial Service Structure Care & Maintenance 101.43 204588 3/15/2019 153854 LING, KAREN 125.00 TRAINING REIMBURSEMENT 293419 030519 6801.64773/13/2019 Local Meeting Expenses General & Administrative 125.00 204589 3/15/2019 100111 LOGIS 812.50 LOGIS NETWORK SERVICES SUPPORT 293539 46684 0301.63503/14/2019 LOGIS IT Services IT-Gen & Admn 62.50 ACCESSEAGAN LOGIS SUPPORT 293539 46684 4005.63503/14/2019 LOGIS IT Services AccessEagan 59,385.00 LOGIS SOFT MAINT SUPPORT 293540 46715 0301.63503/14/2019 LOGIS IT Services IT-Gen & Admn 488.00 LOGIS NETWORK SERVICES SUPPORT 293540 46715 4005.63503/14/2019 LOGIS IT Services AccessEagan 125.00 LOGIS ADMINISTRATIVE FEE 293541 46771 0301.63503/14/2019 LOGIS IT Services IT-Gen & Admn 27,129.70 PHONE REPLACEMENTS 293541 46771 3503.66603/14/2019 Office Furnishings & Equipment Equip Rev Fd-Dept 03 88,002.70 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204589 3/15/2019 100111 LOGIS Continued... 204590 3/15/2019 153799 LOTHROP, KATELYNN 19.28 12233-OVRPMNT 1885 DEER HILLS 293415 030719 9220.22503/13/2019 Escrow Deposits Public Utilities 19.28 204591 3/15/2019 100345 LYNN PEAVEY CO 183.95 EVIDENCE ROOM SUPPLIES 293513 355005 1107.62203/14/2019 Operating Supplies - General Support Services 183.95 204592 3/15/2019 145890 MANSFIELD OIL COMPANY 78.88 GENERATOR FUEL 293420 21199119 3304.62433/13/2019 Heating Oil/Propane/Other Fuel Bldg/Facilities Maintenance 1,055.35 GENERATOR FUEL 293421 21199133 3304.62433/13/2019 Heating Oil/Propane/Other Fuel Bldg/Facilities Maintenance 1,134.23 204593 3/15/2019 153846 MCFARLAND, GRANT 200.00 ART BENCH 293428 2019 ART BENCH 2852.67623/13/2019 Special Features/Furnishings General Park Site Improvmts 200.00 204594 3/15/2019 153862 MCWHORTER, 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CO-REC VOLLEYBALL OFFICIALS 293425 394 3043.63273/13/2019 Sporting Event Officials Adult Volleyball-Co-Rec 810.00 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204598 3/15/2019 100452 METRO VOLLEYBALL OFFICIALS ASN Continued... 204599 3/15/2019 121807 MN CLAY COMPANY USA 374.28 PROGRAM SUPPLIES 293426 108690 3081.62273/13/2019 Recreation Equipment/Supplies Arts & Humanities Council 733.45 PROGRAM SUPPLIES 293427 108824 3081.62273/13/2019 Recreation Equipment/Supplies Arts & Humanities Council 1,107.73 204600 3/15/2019 138473 MN COUNTY ATTORNEYS ASSOC 135.00 MN CRIM ELEM BOOKS 293543 200005187 1104.62153/14/2019 Reference Materials Patrolling/Traffic 135.00 204601 3/15/2019 102019 MN DEPT OF LABOR & INDUSTRY 100.00 ELEVATOR PERMIT 293430 ALR00938671 3313.64803/13/2019 Licenses, 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Physical Ex General/Admn-Human Resources 632.00 204605 3/15/2019 145327 MNSPECT LLC 11,532.94 2/19/19-3/1/19 293437 7773 0805.63103/13/2019 Professional Services-General Construction Insp-Field 11,532.94 204606 3/15/2019 100146 MTI DISTR CO 1,031.93 UNIT 334 293433 1201525-00 9001.14153/13/2019 Inventory - Parts General Fund 288.59 UNIT 328 293434 1202173-00 9001.14153/13/2019 Inventory - Parts General Fund 1,320.52 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204606 3/15/2019 100146 MTI DISTR CO Continued... 204607 3/15/2019 153865 MULLANEY, JOHN 96.71 12233-OVRPMNT 1585 WEXFORD CIR 293435 030719 9220.22503/13/2019 Escrow Deposits Public Utilities 96.71 204608 3/15/2019 100454 NORTHERN AIR CORP 462.00 HVAC REPAIR 293436 158159 3313.65353/13/2019 Other Contractual Services Fire Buildings 462.00 204609 3/15/2019 122435 OFFICE DEPOT (R) 151.72 PAPER, COFFEE, TOWEL, ETC 293494 280936484001 9695.62103/14/2019 Office Supplies Dakota Co Drug Task Force 151.72 204610 3/15/2019 108599 OFFICE DEPOT, INC. 83.94 OFFICE SUPPLIES 293438 281579744001 3001.62103/13/2019 Office Supplies General/Admn-Recreation 4.47 OFFICE SUPPLIES 293439 280923734001 0201.62103/13/2019 Office Supplies General & Admn-Admn 640.27 OFFICE SUPPLIES 293439 280923734001 0501.62103/13/2019 Office Supplies General & Admn-Finance 4.48 OFFICE SUPPLIES 293439 280923734001 3001.62103/13/2019 Office Supplies General/Admn-Recreation 81.81 PD OFFICE SUPPLIES 293514 279218522001 1107.62103/14/2019 Office Supplies Support Services 814.97 204611 3/15/2019 142091 OFFICE OF MN IT SERVICES 21.60 STATE TOKENS-FEBRUARY 2019 293547 DV19020494 0301.65693/14/2019 Maintenance Contracts IT-Gen & Admn 21.60 204612 3/15/2019 149800 ON-SITE REPAIR AND SERVICES 200.00 PLASTIC WELDING ON BLAST 293440 198392 6827.65353/13/2019 Other Contractual Services Building Maintenance 200.00 204613 3/15/2019 153857 PACKWOOD, STEVE AND MARY 800.00 REFUND DEVEL ESCROW BALANCE 293495 010319 9001.2245 J04323/14/2019 Escrow - Private Development F General Fund 800.00 204614 3/15/2019 102381 PARK SUPPLY, INC. 27.64 PLUMBING PARTS 293441 52218 6827.62333/13/2019 Building Repair Supplies Building Maintenance 27.64 204615 3/15/2019 115253 PELLICCI ACE HARDWARE 12.99 TIE DOWN STRAP FOR BOAT 293442 18326/E 1225.62303/13/2019 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 12.99 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204615 3/15/2019 115253 PELLICCI ACE HARDWARE Continued... 204616 3/15/2019 100307 PILOT KNOB ANIMAL HOSP 1,275.00 PD KENNEL CHARGES 293496 155324 1110.63253/14/2019 Vet/Kennel 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3/15/2019 100683 SAMS CLUB GECF 22.84 DIET COKE 293515 009314 6806.68553/15/2019 Merchandise for Resale Concessions 135.96 SUPPLIES 293516 009383-012319 3057.62273/15/2019 Recreation Equipment/Supplies Preschool Programs 79.90 CAKES 293517 002535 6609.68553/15/2019 Merchandise for Resale Concession Sales/Vending 66.50 SUPPLIES 293518 005496 3075.62273/15/2019 Recreation Equipment/Supplies CDBG - Teens 35.60 SUPPLIES 293519 002547 3078.62273/15/2019 Recreation Equipment/Supplies Senior Citizens 16.98 TRASH BAGS 293520 000049-013119 1225.62203/15/2019 Operating Supplies - General Fire / EMS Equipment 76.80 PLATES/NAPKINS/SILVERWARE 293521 002706-020519 1101.62103/15/2019 Office Supplies General/Admn-Police 302.84 SUPPLIES 293522 000849-020619 3079.62273/15/2019 Recreation Equipment/Supplies Special Events 33.95 PRETZELS/HOT DOGS 293523 002798-020619 6609.68553/15/2019 Merchandise for Resale Concession Sales/Vending 39.98 CAKE 293524 007428-020719 1101.62103/15/2019 Office Supplies General/Admn-Police 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204623 3/15/2019 100683 SAMS CLUB GECF Continued... 31.96 CAKES 293525 007525 6609.68553/15/2019 Merchandise for Resale Concession Sales/Vending 146.56 VENDING-POP 293526 003129 6629.68553/15/2019 Merchandise for Resale Vending 17.45 WATER/CHEEZE ITS 293527 003154 3078.62273/15/2019 Recreation Equipment/Supplies Senior Citizens 47.94 CANDY 293528 008632 6609.68553/15/2019 Merchandise for Resale Concession Sales/Vending 153.60 CAKES 293528 008632 6629.68553/15/2019 Merchandise for Resale Vending 1,208.86 204624 3/15/2019 146625 SHRED-IT USA 136.94 SHREDDING SERVICES 293446 8126727361 1101.62103/13/2019 Office Supplies General/Admn-Police 62.04 SHREDDING SERVICES 293446 8126727361 2201.62103/13/2019 Office Supplies Gen/Adm-Streets 81.46 SHREDDING SERVICES 293446 8126727361 6801.62103/13/2019 Office Supplies General & Administrative 280.44 204625 3/15/2019 151416 SMART DELIVERY SERVICE INC 103.20 INTEROFFICE MAIL 2-27-19 293447 66122 0401.65353/13/2019 Other Contractual Services General & Admn-City Clerk 103.20 204626 3/15/2019 150342 SMSC WATER BOTTLING FACILITY 593.04 LIVE BURN TRAINING HYDRATION 293499 13179 1223.62203/14/2019 Operating Supplies - General Training Fire & EMS 593.04 204627 3/15/2019 102392 SPARTAN PROMOTIONAL GROUP, INC. 785.48 MARKET FEST GIVEAWAY 293448 575913 3061.63573/13/2019 Advertising/Publication Market Fest 785.48 204628 3/15/2019 148036 SPOK INC. 4.58 PAGER 293449 C0318109O 3301.63513/13/2019 Pager Service Fees General Management 4.58 204629 3/15/2019 115461 STEELE COUNTY COURT ADMINISTRATOR 100.00 BRANDON JOSHUA MILLER 293450 226059-021219 9001.22603/13/2019 Bail Deposits General Fund 100.00 204630 3/15/2019 151382 STEINHOUSE, GARY 296.00 NEW PATCHES ON UNIFORMS 293505 167 1221.62243/14/2019 Clothing/Personal Equipment Administration-Fire 296.00 204631 3/15/2019 153867 STEWART TITLE 5.21 12233-OVRPMNT 4701 SNOWBELL PT 293451 030719 9220.22503/13/2019 Escrow Deposits Public Utilities 5.21 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204631 3/15/2019 153867 STEWART TITLE Continued... 204632 3/15/2019 107307 SVL SERVICE CORPORATION 3,261.00 HVAC REPAIR 293452 190201-015 3314.65353/13/2019 Other Contractual Services Central Maintenance 3,261.00 204633 3/15/2019 153868 SWINTON, KATHLEEN 21.82 12233-OVRPMNT 4224 TRENTON RD 293453 030719 9220.22503/13/2019 Escrow Deposits Public Utilities 21.82 204634 3/15/2019 151851 SYSCO-MINNESOTA INC 26.73-CONCESSION RESALE-SYSCO 293454 247296564 6806.68553/13/2019 Merchandise for Resale Concessions 47.25 SYSCO BIRTHDAY CUPS 293455 247336792 6805.62203/13/2019 Operating Supplies - General Birthday Parties 181.10 SYCO-CONCESSION RESALE 293455 247336792 6831.68553/13/2019 Merchandise for Resale Food and Beverage 415.18 SYSCO CONCESSION RESALE 293455 247336792 6806.68553/13/2019 Merchandise for Resale Concessions 153.19 SYSCO CONCESSION SUPPLY-POPCOR 293456 247316012 6806.62203/13/2019 Operating Supplies - General Concessions 769.99 204635 3/15/2019 142667 TACTICAL PRODUCTS & SERVICES INC. 1,032.40 VEST FOR DUETMEYER 293506 822 1144.62243/14/2019 Clothing/Personal Equipment Bullet Proof Vests grant 1,032.40 204636 3/15/2019 100107 THYSSENKRUPP ELEVATOR 129.10 ELEVATOR 293457 3004441079 6146.65353/13/2019 Other Contractual Services North Plant Building 125.00 ELEVATOR CONTRACT 293458 3004440615 3314.65693/13/2019 Maintenance Contracts Central Maintenance 129.10 ELEVATOR CONTRACT 293458 3004440615 3316.65693/13/2019 Maintenance Contracts Police 191.07 ELEVATOR CONTRACT 293458 3004440615 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#SubledgerSupplier / ExplanationDateAmount 204639 3/15/2019 149500 TOYOTA-LIFT OF MINNESOTA Continued... 274.30 NTP GARAGE SHELVING 293461 S0067300 6146.64273/13/2019 Building Operations/Repair-Lab North Plant Building 274.30 204640 3/15/2019 102081 TUMINI, CAROL 22.04 C TUMINI - MILEAGE 3/6/19 293464 030619 0401.63533/13/2019 Personal Auto/Parking General & Admn-City Clerk 22.04 204641 3/15/2019 100228 TWIN CITY GARAGE DOOR CO 435.25 GARAGE DOOR REPAIR 293465 Z091391 3314.65353/13/2019 Other Contractual Services Central Maintenance 435.25 204642 3/15/2019 100391 U S BANK 500.00 PAYING AGEN FEE 2/1/19-1/31/20 293500 5284990 9459.64923/14/2019 Paying Agent/Bond Destruction 2005A SAF-DS 500.00 204643 3/15/2019 100236 VAN PAPER 339.29 CLEANING SUPPLIES 293466 493668-00 3106.62333/13/2019 Building Repair Supplies Structure Care & Maintenance 613.61 CLEANING SUPPLIES 293501 493675-00 3106.62233/14/2019 Building/Cleaning Supplies Structure Care & Maintenance 952.90 204644 3/15/2019 119217 VERIZON WIRELESS (R) 86.09 MAR 2019 CELL PHONE 293502 9824828619 9695.63553/14/2019 Cellular Telephone Service Dakota Co Drug Task Force 70.02 MAR 2019 CELL PHONE 293503 9824970846 9695.63553/14/2019 Cellular Telephone Service Dakota Co Drug Task Force 156.11 204645 3/15/2019 100912 VERIZON WIRELESS, BELLEVUE 35.01 AIR CARDS 293467 9824824474 0901.63553/13/2019 Cellular Telephone Service Gen & Admin-Communications 105.03 AIR CARDS 293467 9824824474 3057.62203/13/2019 Operating Supplies - General Preschool Programs 70.02 AIR CARDS 293467 9824824474 3101.63553/13/2019 Cellular Telephone Service Playground Maintenance 1,550.52 AIR CARDS 293467 9824824474 1104.63493/13/2019 Teleprocessing Equipment Patrolling/Traffic 35.01 AIR CARDS 293467 9824824474 1105.62123/13/2019 Office Small Equipment Investigation/Crime Prevention 505.14 AIR CARDS 293467 9824824474 1221.62303/13/2019 Repair/Maintenance Supplies-Ge Administration-Fire 35.01 AIR CARDS 293467 9824824474 1221.63553/13/2019 Cellular Telephone Service Administration-Fire 40.01 AIR CARDS 293467 9824824474 2401.63553/13/2019 Cellular Telephone Service Gen/Adm-Central Services 35.01 AIR CARDS 293467 9824824474 2010.63553/13/2019 Cellular Telephone Service General Engineering 250.07 AIR CARDS 293467 9824824474 0801.63553/13/2019 Cellular Telephone Service General & Admn-Protective Insp 250.07 AIR CARDS 293467 9824824474 2201.63553/13/2019 Cellular Telephone Service Gen/Adm-Streets 161.69 AIR CARDS 293467 9824824474 0301.63553/13/2019 Cellular Telephone Service IT-Gen & Admn 35.01 AIR CARDS 293467 9824824474 0201.63553/13/2019 Cellular Telephone Service General & Admn-Admn 35.05 AIR CARDS 293467 9824824474 3001.63553/13/2019 Cellular Telephone Service General/Admn-Recreation 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204645 3/15/2019 100912 VERIZON WIRELESS, BELLEVUE Continued... 35.01 AIR CARDS 293467 9824824474 0720.63553/13/2019 Cellular Telephone Service General Admin-Planning & Zonin 70.02 AIR CARDS 293467 9824824474 3170.63553/13/2019 Cellular Telephone Service General AdmIn-Parks 105.03 AIR CARDS 293467 9824824474 3201.63553/13/2019 Cellular Telephone Service Administrative/General 35.01 AIR CARDS 293467 9824824474 9701.63553/13/2019 Cellular Telephone Service PEG-eligible 35.01 AIR CARDS 293467 9824824474 6234.63553/13/2019 Cellular Telephone Service Utility Locates 35.01 AIR CARDS 293467 9824824474 6239.64083/13/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 25.04 AIR CARDS 293467 9824824474 6239.63523/13/2019 Telephone Circuits Lift Station Maintenanc/Repair 35.01 AIR CARDS 293467 9824824474 6136.63553/13/2019 Cellular Telephone Service GIS - Utilities 35.01 AIR CARDS 293467 9824824474 6147.63553/13/2019 Cellular Telephone Service North Plant Production 70.04 AIR CARDS 293467 9824824474 6101.63553/13/2019 Cellular Telephone Service Water -Administration 35.01 AIR CARDS 293467 9824824474 6716.63553/13/2019 Cellular Telephone Service General Administration 35.01 AIR CARDS 293467 9824824474 6801.63553/13/2019 Cellular Telephone Service General & Administrative 51.00 CELL PHONES 293468 9825514223 1001.63553/13/2019 Cellular Telephone Service General/Admn-Human Resources 102.00 CELL PHONES 293468 9825514223 0201.63553/13/2019 Cellular Telephone Service General & Admn-Admn 493.99 CELL PHONES 293468 9825514223 0301.63553/13/2019 Cellular Telephone Service IT-Gen & Admn 61.00 CELL PHONES 293468 9825514223 0501.63553/13/2019 Cellular Telephone Service General & Admn-Finance 404.99 CELL PHONES 293468 9825514223 0720.63553/13/2019 Cellular Telephone Service General Admin-Planning & Zonin 385.77 CELL PHONES 293468 9825514223 0805.63553/13/2019 Cellular Telephone Service Construction Insp-Field 114.13 CELL PHONES 293468 9825514223 0901.63553/13/2019 Cellular Telephone Service Gen & Admin-Communications 3,331.11 CELL PHONES 293468 9825514223 1108.63553/13/2019 Cellular Telephone Service Communications 610.66 CELL PHONES 293468 9825514223 2010.63553/13/2019 Cellular Telephone Service General Engineering 327.77 CELL PHONES 293468 9825514223 2201.63553/13/2019 Cellular Telephone Service Gen/Adm-Streets 9.15 CELL PHONES 293468 9825514223 2401.63553/13/2019 Cellular Telephone Service Gen/Adm-Central Services 889.67 CELL PHONES 293468 9825514223 3001.63553/13/2019 Cellular Telephone Service General/Admn-Recreation 393.75 CELL PHONES 293468 9825514223 3170.63553/13/2019 Cellular Telephone Service General AdmIn-Parks 61.24 CELL PHONES 293468 9825514223 3170.63553/13/2019 Cellular Telephone Service General AdmIn-Parks 153.00 CELL PHONES 293468 9825514223 3201.63553/13/2019 Cellular Telephone Service Administrative/General 28.77 CELL PHONES 293468 9825514223 3106.63473/13/2019 Telephone Service & Line Charg Structure Care & Maintenance 29.38 CELL PHONES 293468 9825514223 3301.63553/13/2019 Cellular Telephone Service General Management 459.00 CELL PHONES 293468 9825514223 1221.63553/13/2019 Cellular Telephone Service Administration-Fire 51.00 CELL PHONES 293468 9825514223 3071.62273/13/2019 Recreation Equipment/Supplies MN State Arts Board 214.00 CELL PHONES 293468 9825514223 9701.63553/13/2019 Cellular Telephone Service PEG-eligible 292.97 CELL PHONES 293468 9825514223 6101.63553/13/2019 Cellular Telephone Service Water -Administration 153.00 CELL PHONES 293468 9825514223 6128.63553/13/2019 Cellular Telephone Service CMMS - Utilities 51.00 CELL PHONES 293468 9825514223 6136.63553/13/2019 Cellular Telephone Service GIS - Utilities 255.48 CELL PHONES 293468 9825514223 6201.63553/13/2019 Cellular Telephone Service San Sewer-Administration 214.17 CELL PHONES 293468 9825514223 6501.63553/13/2019 Cellular Telephone Service G/A - Water Quality 153.00 CELL PHONES 293468 9825514223 6228.63553/13/2019 Cellular Telephone Service CMMS - Utilities 153.00 CELL PHONES 293468 9825514223 6601.63553/13/2019 Cellular Telephone Service General/Administrative-Arena 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204645 3/15/2019 100912 VERIZON WIRELESS, BELLEVUE Continued... 51.00 CELL PHONES 293468 9825514223 6716.63553/13/2019 Cellular Telephone Service General Administration 87.16 CELL PHONES 293468 9825514223 6801.63553/13/2019 Cellular Telephone Service General & Administrative 61.00 CELL PHONES 293468 9825514223 9225.63553/13/2019 Cellular Telephone Service Fiber Infrastructure Fund 50.02 DETECTIVE ROUTER-MAR 19 293469 9825191929 1105.63553/13/2019 Cellular Telephone Service Investigation/Crime Prevention 13,386.04 204646 3/15/2019 119144 WASTE MANAGEMENT-SAVAGE (R) 599.56 MAR 2019 WASTE MANAGEMENT 293504 8022161-2282-9 9695.65393/14/2019 Waste Removal/Sanitation Servi Dakota Co Drug Task Force 599.56 204647 3/15/2019 141852 WENCK ASSOCIATES INC. 5,145.50 ENGINEERING SERVICES 293470 11900899 6542.6712 P13243/13/2019 Project - Engineering Capital Proj-WQ dedictn-cr1127 118.80 ENGINEERING SERVICES 293471 11900900 6542.6712 P13233/13/2019 Project - Engineering Capital Proj-WQ dedictn-cr1127 5,264.30 204648 3/15/2019 139583 WENZEL PLUMBING 1,497.70 METER REPLACEMENT 293472 32174 6161.64323/13/2019 Utility System Repair-Labor Meter Replacement 1,497.70 204649 3/15/2019 141999 WERNER ELECTRIC SUPPLY 720.00 LED BULBS ADMIN 293473 S010037780.001 6146.62333/13/2019 Building Repair Supplies North Plant Building 720.00 204650 3/15/2019 153688 WILLIAMS SCOTSMAN 474.00 EVIDENCE TRAILER-MARCH 2019 293549 6496874 5045.62203/14/2019 Operating Supplies - General Temporary Office/Moving Expens 474.00 204651 3/15/2019 146686 WILSKE, JOSH 2,250.23 RSA CONFERENCE 3/4/19-3/8/19 293550 030819 0301.64763/14/2019 Conferences/Meetings/Training IT-Gen & Admn 2,250.23 204652 3/15/2019 150356 WOLD ARCHITECTS AND ENGINEERS 9,964.10 WOLD, 75% CONST ADMIN 293474 60855 9353.67203/13/2019 Project - Architect POLICE & CITY HALL REMODEL 8,002.72 WOLD, 60% CONST ADMIN 293475 59951 9353.67203/13/2019 Project - Architect POLICE & CITY HALL REMODEL 17,966.82 204653 3/15/2019 104542 WSB & ASSOCIATES, INC. 840.25 JAN 2019 PROF SERV 293507 0-001380-280-23 8245.67133/14/2019 Project - Outside Engineering P1245 Quarry Rd 1,066.25 JAN 2019 PROF SERV 293507 0-001380-280-23 8287.67133/14/2019 Project - Outside Engineering P1287 Quarry Park pickleball 332.00 GIS CONSULTING 293551 0-002084-140-8 0301.65673/14/2019 Contractual Programming/Data P IT-Gen & Admn 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204653 3/15/2019 104542 WSB & ASSOCIATES, INC.Continued... 840.00 GIS CONSULTING 293552 R-013500-000-1 0301.65673/14/2019 Contractual Programming/Data P IT-Gen & Admn 3,078.50 204654 3/15/2019 101755 XCEL ENERGY 188.65 VIKINGS PKWY CONTROLLER P 293476 51-0011993854-9 -022719 6301.64063/13/2019 Electricity-Street Lights Street Lighting 188.65 204655 3/15/2019 101755 XCEL ENERGY 226.17 VIKINGS PKWY CONTROLLER Q 293477 51-0011994568-4 -022719 6301.64063/13/2019 Electricity-Street Lights Street Lighting 226.17 204656 3/15/2019 101755 XCEL ENERGY 988.72 BURR OAKS LIFT STATION 293478 51-0011013079-4 -022519 6439.64083/13/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 988.72 204657 3/15/2019 101755 XCEL ENERGY 445.36 CENTRAL PKWY STREET LITES 293479 51-6563390-9-02 2519 6301.64063/13/2019 Electricity-Street Lights Street Lighting 445.36 204658 3/15/2019 101755 XCEL ENERGY 2,731.33 STREET LIGHTS 293480 51-6563390-9-03 0419 6301.64063/13/2019 Electricity-Street Lights Street Lighting 2,731.33 204659 3/15/2019 101755 XCEL ENERGY 895.86 SIGNALS 293481 51-6563386-3-03 0519 6301.64073/13/2019 Electricity-Signal Lights Street Lighting 895.86 204660 3/15/2019 101755 XCEL ENERGY 197.24 FESTIVAL GROUNDS 293482 51-6563391-0-03 0519 3106.64053/13/2019 Electricity Structure Care & Maintenance 184.18 CENTRAL PARK PUMP STATION 293482 51-6563391-0-03 0519 3186.64053/13/2019 Electricity Recreation Program Support 313.83 BAND SHELL 293482 51-6563391-0-03 0519 3106.64053/13/2019 Electricity Structure Care & Maintenance 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204660 3/15/2019 101755 XCEL ENERGY Continued... 359.91 CONCESSION STAND 293482 51-6563391-0-03 0519 3106.64053/13/2019 Electricity Structure Care & Maintenance 3,561.19 WELL #20 293482 51-6563391-0-03 0519 6148.64093/13/2019 Electricity-Wells/Booster Stat North Well Field 8,973.29 ECC ELECTRICITY 293482 51-6563391-0-03 0519 6824.64053/13/2019 Electricity Utilities 6,792.21 ECC NATURAL GAS 293482 51-6563391-0-03 0519 6824.64103/13/2019 Natural Gas Service Utilities 20,381.85 204661 3/15/2019 101755 XCEL ENERGY 11.32 SKYLINE RD HOCKEY RINK 293483 51-6563384-1-03 0519 3104.64053/13/2019 Electricity Site Amenity Installation 11.99 MCKEE ST ICE RINK LITES 293483 51-6563384-1-03 0519 3104.64053/13/2019 Electricity Site Amenity Installation 91.54 QUARRY PARK 293483 51-6563384-1-03 0519 3106.64053/13/2019 Electricity Structure Care & Maintenance 114.85 204662 3/15/2019 119221 XCEL ENERGY (R) 429.78 FEB 2019 ELECTRICITY 293508 51-4403417-1-02 2719 9695.64053/14/2019 Electricity Dakota Co Drug Task Force 429.78 20190301 3/15/2019 150536 MONEY MOVERS INC. 95.00 FEBRUARY 2019 293529 116633 6807.43213/15/2019 Memberships-Taxable Fitness Center 95.00 20195614 3/15/2019 147907 SELECT ACCOUNT 985.50 MONTHLY FEES 293530 031319 1001.65363/15/2019 Flex Plan Administration Fee General/Admn-Human Resources 985.50 20195615 3/15/2019 147907 SELECT ACCOUNT 6,978.42 FLEX REIMBURSEMENT 293531 031419 9592.22153/15/2019 Flex Plan Withholding Payable Benefit Accrual 6,978.42 20198509 3/15/2019 151185 HEALTHPARTNERS INC 5,662.94 DENTAL CLAIMS REIMBURSEMENT 293532 031119 9594.61583/15/2019 Dental Insurance Dental Self-insurance 5,662.94 3/14/2019City of Eagan 15:57:16R55CKR2LOGIS102V 22Page -Council Check Register by GL Check Register w GL Date & Summary 3/15/20193/11/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 1,421,959.90 Grand Total Payment Instrument Totals Checks 1,421,959.90 Total Payments 1,421,959.90 3/14/2019City of Eagan 15:57:22R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/15/20193/11/2019 - Company Amount 297,720.4509001GENERAL FUND 602.0809116CEDAR GROVE PARKING GARAGE 595.1109197ETV 83,632.1009220PUBLIC UTILITIES 14,484.9309221CIVIC ARENA 86.0109222CASCADE BAY 19,683.4409223CENTRAL PARK /COMMUNITY CENTER 650.6509225FIBER INFRASTRUCTURE FUND 200.0009328PARK SYS DEV AND R&R 27,129.7009335EQUIPMENT REVOLVING 1,953.0009346FIRE APPARATUS REVOLVING 18,440.8209353POLICE & CITY HALL REMODEL 815,734.8309372REVOLVING SAF-CONSTRUCTION 500.00094592005A SAF-DS 105,514.0009591RISK MANAGEMENT 23,785.7709592BENEFIT ACCRUAL 5,662.9409594Dental Self-insurance 5,584.0709695DAK CO DRUG TASK FORCE Report Totals 1,421,959.90 3/21/2019City of Eagan 16:17:56R55CKR2 LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204663 3/22/2019 119926 AHLMAN'S SPORTING GOODS 7,800.00 LESS LETHAL LIGHTS 293681 130712 1104.66703/20/2019 Other Equipment Patrolling/Traffic 7,800.00 204664 3/22/2019 151329 ALL FURNITURE 700.00 ALL FURNITURE, MARCH RENTAL 293682 42037 5045.66603/20/2019 Office Furnishings & Equipment Temporary Office/Moving Expens 200.00 ALL FURNITURE, RIVER TRAILER 293683 42038 5045.66603/20/2019 Office Furnishings & Equipment Temporary Office/Moving Expens 900.00 204665 3/22/2019 119218 ALLENS SERVICE INC. (R) 145.00 19-SAV-5284 GMC SIERRA TOW 293684 217353 9695.65893/20/2019 Forfeiture Expenditures Dakota Co Drug Task Force 145.00 204666 3/22/2019 100360 APPLE FORD LINCOLN APPLE VALLEY 12.91 RO 304 293673 451833 9001.14153/20/2019 Inventory - Parts General Fund 31.04 RO 304 293674 451832 9001.14153/20/2019 Inventory - Parts General Fund 31.04 RO 281 293675 451686 9001.14153/20/2019 Inventory - Parts General Fund 74.99 204667 3/22/2019 100010 ASTLEFORD EQUIP CO INC 550.08 UNIT 146 293676 T417386 9001.14153/20/2019 Inventory - Parts General Fund 405.27 RO 309 293677 T418144 9001.14153/20/2019 Inventory - Parts General Fund 955.35 204668 3/22/2019 138603 ATLAS INVESTMENT COMPANY 14,228.00 FIN GUARANTEE REFUND 293685 031319 9001.2250.6223/20/2019 Dart 2841 Beverly street General Fund 14,228.00 204669 3/22/2019 115432 AUDIOVISUAL, INC. 3,182.85 TRICASTER PLATE-LIVE UPGRADE 293678 88606938 9701.66703/20/2019 Other Equipment PEG-eligible 3,182.85 204670 3/22/2019 100397 BATTERIES PLUS 5.95 RO 279 293679 026-P12034950 9001.14153/20/2019 Inventory - Parts General Fund 5.95 204671 3/22/2019 100076 BDI 99.40 UNIT 158 293680 9500498733 9001.14153/20/2019 Inventory - Parts General Fund 99.40 204672 3/22/2019 143561 BLUE TARP FINANCIAL 3/28/19 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204672 3/22/2019 143561 BLUE TARP FINANCIAL Continued... 3.99 EQUIPMENT REPAIR PARTS 293672 0031193879 3127.62313/20/2019 Mobile Equipment Repair Parts Equipment Maintenance/Repair 1,070.18-CR INV 3114448 293686 0033038097 3127.66703/20/2019 Other Equipment Equipment Maintenance/Repair 185.00 BLDG CLEANING SUPPLIES 293687 41491867 3106.62233/20/2019 Building/Cleaning Supplies Structure Care & Maintenance 249.97 REC BALLFIELD EQUIP 293688 41527412 3048.62273/20/2019 Recreation Equipment/Supplies Adult Softball-Men 61.96 VEHICLE EQUIPMENT REPAIR 293689 0031188030 2244.62313/20/2019 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 35.99 SIGN TRAILER REPAIR 293690 0031188039 2244.62313/20/2019 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 11.97 PLOW EQUIP PARTS 293691 0031188277 2240.62203/20/2019 Operating Supplies - General Street Plowing/Sanding 29.96 EQUIP PARTS 293692 0031187468 3206.62313/20/2019 Mobile Equipment Repair Parts Chemical Appl-Plant Health Mgt 39.96 GENERAL USE DOLLY 293693 0031188436 3129.62203/20/2019 Operating Supplies - General Shop Mtn/General Repairs 103.89 PAINT STATION 293694 0031191950 3118.62313/20/2019 Mobile Equipment Repair Parts Athletic Field Mtn/Setup 15.01 PAINT STATION 293695 4131069967 3118.62313/20/2019 Mobile Equipment Repair Parts Athletic Field Mtn/Setup 12.99 PAINT STATION 293696 0032149547 3127.62313/20/2019 Mobile Equipment Repair Parts Equipment Maintenance/Repair 11.98 VEHICLE EQUIPMENT REPAIR TOOLS 293697 0031192533 2244.62203/20/2019 Operating Supplies - General Street Equipment Repair/Mtn 22.97 HOTSY PRESSURE WASHER PARTS 293698 0032151791 2401.62343/20/2019 Field/Other Equipment Repair Gen/Adm-Central Services 25.95 PAINT STATION 293699 0031191769 3127.62313/20/2019 Mobile Equipment Repair Parts Equipment Maintenance/Repair 47.97 BRINE BUILDING REPAIR 293700 0031190996 2240.62563/20/2019 Snow Removal/Ice Control Suppl Street Plowing/Sanding 6.99 UNIT 401 293701 0032150733 9001.14153/20/2019 Inventory - Parts General Fund 21.98 BRINE TRANK FOR TRUCKS 293702 0031197920 2244.62313/20/2019 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 139.98 CHAIN FOR PLOW 293703 0032149085 2244.62313/20/2019 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 39.96 REPAIR WHEELS FOR CHARGERS 293704 0032150727 2401.62343/20/2019 Field/Other Equipment Repair Gen/Adm-Central Services 13.99 PLOW TRRUCK 293705 0033051673 2244.62313/20/2019 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 11.98 MISC TOOLS 293706 0031198473 3103.62403/20/2019 Small Tools Site Amenity Maintenance 42.94 SANDER SUPPLIES 293902 0031191923 2244.62313/21/2019 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 92.04 CLOTHING ALLOW BILL HOUIM 293903 0032149231 2201.21153/21/2019 Clothing Allowance Gen/Adm-Streets 42.94 CLOTHING ALLOW EMMETT CASSIDY 293903 0032149231 2201.21153/21/2019 Clothing Allowance Gen/Adm-Streets 202.18 204673 3/22/2019 131767 BOLTON & MENK INC. 1,972.50 SANITARY DUMP STATION 293815 0230509 6232.6630 P13433/21/2019 Other Improvements Equipment Maintenance/Repair 3,485.00 MURPHY LS REHAB 293816 0230508 6239.6630 P13453/21/2019 Other Improvements Lift Station Maintenanc/Repair 812.50 ASHBERRY LS REHAB 293817 0230507 6239.6630 P12993/21/2019 Other Improvements Lift Station Maintenanc/Repair 6,270.00 204674 3/22/2019 145520 BURR OAK I LLC 8,041.41 FEB 2019 RENT 293707 1024 9695.64563/20/2019 Building Rental Dakota Co Drug Task Force 8,041.41 204675 3/22/2019 153839 CEDARVALE BUSINESS CENTER 2,543.01 12184-OVRPMNT 3902 CEDAR GROVE 293708 022619 9220.22503/20/2019 Escrow Deposits Public Utilities 2,543.01 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204675 3/22/2019 153839 CEDARVALE BUSINESS CENTER Continued... 204676 3/22/2019 101745 CINTAS CORPORATION 34.20 RUGS 293709 4017853088 6827.65693/20/2019 Maintenance Contracts Building Maintenance 23.65 RUGS 293710 4017853053 3313.65693/20/2019 Maintenance Contracts Fire Buildings 57.85 204677 3/22/2019 144199 CLEARY LAKE VETERINARY HOSPITAL 107.71 K9 VET- LOKI 293711 284345 1104.63253/20/2019 Vet/Kennel Charge/Animal Dispo Patrolling/Traffic 107.71 204678 3/22/2019 100633 CNH ARCHITECTS 875.00 CNH ARCH FS4 293901 1097 1221.65353/21/2019 Other Contractual Services Administration-Fire 875.00 204679 3/22/2019 142286 COMCAST 52.65 MONTHLY DUES-3/18-19-4/17/19 293818 877210508072454 1-030819 6603.63473/21/2019 Telephone Service & Line Charg Building Repair & Maint. 52.65 204680 3/22/2019 150880 CORE & MAIN LP 305.90 6" VIC FITTING NTP 293712 K198756 6147.62603/20/2019 Utility System Parts/Supplies North Plant Production 1,279.80 METER HORNS 293713 K233644 6161.62603/20/2019 Utility System Parts/Supplies Meter Replacement 130,000.00 AMI RADIO UPGRADE 293714 K224185 6162.66303/20/2019 Other Improvements Meter Reading 131,585.70 204681 3/22/2019 102496 CRAGUN'S CONFERENCE & GOLF RESORT 437.88 TRAINING KROGER 293715 051719-KROEGER 1107.64763/20/2019 Conferences/Meetings/Training Support Services 437.88 TRAINING SASSOR 293716 051719-SASSOR 1107.64763/20/2019 Conferences/Meetings/Training Support Services 437.88 TRAINING SELL 293717 051719-SELL 1104.64763/20/2019 Conferences/Meetings/Training Patrolling/Traffic 1,313.64 204682 3/22/2019 100042 CRAWFORD DOOR SALES COMPANY 395.00 GARAGE DOOR REPAIR 293718 33478 3313.65353/20/2019 Other Contractual Services Fire Buildings 395.00 204683 3/22/2019 143852 CROSSROADS LLP 279.87 OVRPMNT 1256 DUCKWOOD DR 293719 030819 9220.22503/20/2019 Escrow Deposits Public Utilities 279.87 204684 3/22/2019 136461 CULLIGAN (R) 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204684 3/22/2019 136461 CULLIGAN (R)Continued... 59.79 WATER 293720 716533 9695.62103/20/2019 Office Supplies Dakota Co Drug Task Force 59.79 204685 3/22/2019 100050 DAKOTA ELECTRIC 26.00 OLD TOWN HALL 293561 100749-1-FEB19 3304.64053/22/2019 Electricity Bldg/Facilities Maintenance 95.82 CARLSON LAKE SAN 293562 102339-9-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 121.78 SOUTHERN HILLS TOWER 293563 103460-2-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 6,405.27 FIRE SAFETY CENTER 293564 108247-8-FEB19 3313.64053/22/2019 Electricity Fire Buildings 2,335.09 PUB WORKS GARAGE 293565 110986-7-FEB19 3304.64053/22/2019 Electricity Bldg/Facilities Maintenance 126.28 YANKEE DOODLE WATER TANK RSVR 293566 112682-0-FEB19 6146.64093/22/2019 Electricity-Wells/Booster Stat North Plant Building 367.36 LONE OAK SAN 293567 112832-1-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 331.02 WELL #1 293568 112885-9-FEB19 6146.64093/22/2019 Electricity-Wells/Booster Stat North Plant Building 456.40 CARLSON LAKE STRM 293569 122797-4-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 226.47 WELL #2 293570 124865-7-FEB19 6146.64093/22/2019 Electricity-Wells/Booster Stat North Plant Building 3,143.92 MUNICIPAL CENTER 293571 127189-9-FEB19 3304.64053/22/2019 Electricity Bldg/Facilities Maintenance 54.62 BLACKHAWK COVE SAN 293572 127325-9-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 509.46 RAHN PARK 293573 132778-2-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 318.62 LEXINGTON STORM STATION 293574 133789-8-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 23.47 ZOO METER 293575 136873-7-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 8,460.22 WELL #4/TREATMENT PLANT 293576 137781-1-FEB19 6146.64093/22/2019 Electricity-Wells/Booster Stat North Plant Building 746.17 LODGEPOLE CT SECURITY LITES 293577 138267-0-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 841.31 CLIFF BOOSTER STATION 293578 139958-3-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 277.11 LEXINGTON BOOSTER STATION 293579 153222-8-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 349.36 FIRE STATION 3 293580 146053-4-FEB19 3313.64053/22/2019 Electricity Fire Buildings 71.38 OAK CHASE STORM 293581 146920-4-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 44.12 COVINGTON STORM 293582 149810-4-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 34.42 TH 77/CO RD 32 SIGNALS 293583 152634-2-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 40.89 TH 77/CO RD 32 SIGNALS 293584 152635-9-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 5.00 CIVIL DEFENSE SIREN 293585 155062-3-FEB19 1106.64053/22/2019 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 293586 155063-1-FEB19 1106.64053/22/2019 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 293587 155064-9-FEB19 1106.64053/22/2019 Electricity Emergency Preparedness 83.24 SAFARI RESERVOIR 293588 159673-3-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 257.12 HURLEY STORM 293589 159822-3-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 287.68 SCHWANZ STORM 293590 160898-3-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 48.05 LONE OAK/35 SIGNALS 293591 152414-7-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 20.58 OAK CLIFF STORM 293592 165267-6-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 2,057.68 NORTHVIEW PARK 293593 167128-8-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 34.66 35E/CLIFF SIGNALS 293594 167845-7-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 31.89 35E/CLIFF SIGNALS 293595 167846-5-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 34.31 35E/PILOT KNOB SIGNALS 293596 167849-9-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204685 3/22/2019 100050 DAKOTA ELECTRIC Continued... 34.66 35E/PILOT KNOB SIGNALS 293597 167850-7-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 45.96 35E/YANKEE DOODLE SIGNALS 293598 167851-5-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 52.89 RAHN PARK 293599 169262-3-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 566.52 GOAT HILL PARK HOCKEY RINK 293600 170635-7-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 140.40 GOAT HILL PARK BASEBALL FIELD 293601 170636-5-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 38.46 ASHBURY SAN 293602 172471-5-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 254.03 BLUE CROSS PARK 293603 177546-9-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 205.46 YANKEE STORM 293604 180516-7-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 4,744.03 WELL #8 & #9 293605 187147-4-FEB19 6146.64093/22/2019 Electricity-Wells/Booster Stat North Plant Building 47.58 BLACKHAWK/CLIFF SIGNALS 293606 187873-5-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 331.80 COUNTRY HOLLOW SAN 293607 193140-1-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 164.88 COUNTRY HOLLOW STORM 293608 193575-8-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 749.67 FIRE STATION 4 293609 195895-8-FEB19 3313.64053/22/2019 Electricity Fire Buildings 3,220.93 WELL #10 293610 196322-2-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 85.11 THOMAS LAKE STORM 293611 196919-5-FEB19 6439.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 303.30 WELL #11 293612 197761-0-FEB19 6146.64093/22/2019 Electricity-Wells/Booster Stat North Plant Building 80.36 MURPHY SAN 293613 198484-8-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 54.40 CLIFF & CLIFF LAKE RD SIGNALS 293614 198522-5-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 33.50 CLIFF LAKE RD SIGNAL LIGHT 293615 198523-3-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 309.54 WELL #13 293616 200399-4-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 2,191.27 WELL #12 293617 200417-4-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 2,072.95 WELL #14 293618 200823-3-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 593.71 WELL #15 293619 200922-3-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 5,129.05 SOUTH TREATMENT PLANT 293620 201358-9-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 128.06 BLACKHAWK PAVILLION 293621 211088-0-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 14.00 BLACKHAWK PARK AERATOR 293622 211089-8-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 14.57 WEST GROUP NORTH 293623 212539-1-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 1,863.32 POLICE STATION 293624 217026-4-FEB19 3304.64053/22/2019 Electricity Bldg/Facilities Maintenance 6,044.94 CIVIC ICE ARENA 293625 220593-8-FEB19 6601.64053/22/2019 Electricity General/Administrative-Arena 58.20 DENMARK/TWN CNTR SIGNALS 293626 224458-0-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 5.00 CIVIL DEFENSE SIREN 293627 224623-9-FEB19 1106.64053/22/2019 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 293628 224624-7-FEB19 1106.64053/22/2019 Electricity Emergency Preparedness 5.00 CIVIL DEFENSE SIREN 293629 224625-4-FEB19 1106.64053/22/2019 Electricity Emergency Preparedness 236.46 WELL #18 293630 224626-2-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 149.95 DEERWOOD RESERVOIR 293631 224893-8-FEB19 6154.64093/22/2019 Electricity-Wells/Booster Stat South Plant Building 113.36 YANKEE/WASHINGTON STREET LITES 293632 226048-7-FEB19 6301.64063/22/2019 Electricity-Street Lights Street Lighting 109.33 YANKEE/35E STREET LITES 293633 226049-5-FEB19 6301.64063/22/2019 Electricity-Street Lights Street Lighting 266.03 YANKEE/DENMARK STREET LITES 293634 226050-3-FEB19 6301.64063/22/2019 Electricity-Street Lights Street Lighting 195.76 YANKEE/PROMENADE STREET LITES 293635 226051-1-FEB19 6301.64063/22/2019 Electricity-Street Lights Street Lighting 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204685 3/22/2019 100050 DAKOTA ELECTRIC Continued... 122.25 NORTHWD/PROMENADE STREET LITES 293636 226052-9-FEB19 6301.64063/22/2019 Electricity-Street Lights Street Lighting 595.49 AQUATIC ADMIN BLDG 293637 256881-4-FEB19 6719.64053/22/2019 Electricity Building Maintenance 444.51 AQUATIC PARKING LOT LIGHT 293638 263297-4-FEB19 6719.64053/22/2019 Electricity Building Maintenance 137.67 AQUATIC MECH BLDG 293639 272182-7-FEB19 6719.64053/22/2019 Electricity Building Maintenance 888.54 AQUATIC CHANGE FACILITY 293640 272183-5-FEB19 6719.64053/22/2019 Electricity Building Maintenance 14.00 WEST GROUP SOUTH 293641 300763-0-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 45.74 CLUBVIEW/LEXINGTON SIGNALS 293642 313124-0-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 44.58 LEX/N ARMSTRONG BLVD SISGNALS 293643 313127-3-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 581.71 GENERATOR 293644 326096-5-FEB19 3304.64053/22/2019 Electricity Bldg/Facilities Maintenance 105.97 THOMAS LAKE PARK 293645 348080-3-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 14.00 THRESHER PARK 293646 349188-3-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 43.54 DUCKWOOD/TOWN CNTR SIGNALS 293647 357166-1-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 73.90 1960 CLIFF LAKE RD AERATOR 293648 412466-5-FEB19 6520.64053/22/2019 Electricity Basin Mgmt-Aeration 14.35 DEERWOOD/35E SPDSIGN 293649 417173-2-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 62.36 THRESHER PARK BLDG 293650 427290-2-FEB19 3106.64053/22/2019 Electricity Structure Care & Maintenance 340.46 SHERMAN CT BRIDGE LITES 293651 440715-1-FEB19 6301.64063/22/2019 Electricity-Street Lights Street Lighting 14.00 1940 CLIFF LAKE RD 293652 452288-4-FEB19 2271.64053/22/2019 Electricity Boulevard/Ditch Mtn 76.78 RAHN/DIFFLEY RD #LIGHTS 293653 453294-1-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 14.35 4237 DANIEL DRIVE #SIGN 293654 456815-0-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 14.11 4266 DANIEL DRIVE #SIGN 293655 456817-6-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 6,291.97 CIVIC ICE ARENA 293656 463323-6-FEB19 6601.64053/22/2019 Electricity General/Administrative-Arena 125.36 FEDERAL DRIVE STREET LITES 293657 483732-4-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 40.42 DEERWOOD/PILOT KNOB SIGNALS 293658 509475-0-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 226.34 DE SWITCH/COMM BLDG 293659 529232-1-FEB19 6147.64083/22/2019 Electricity-Lift Stations North Plant Production 746.97 EAGAN SWITCH/COMM BLDG 293660 529233-9-FEB19 6147.64083/22/2019 Electricity-Lift Stations North Plant Production 276.46 CAMPUS GENERATOR/TRANSFORMER 293661 529234-7-FEB19 6147.64083/22/2019 Electricity-Lift Stations North Plant Production 361.07 DENMARK LIFT STATION 293662 532128-6-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 471.79 WITHAM LANE LIFT STATION 293663 545622-3-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 45.78 PROMENADE DR #SIGNALS 293664 549208-7-FEB19 6301.64073/22/2019 Electricity-Signal Lights Street Lighting 1,249.78 WELL #3 293665 555257-5-FEB19 6146.64093/22/2019 Electricity-Wells/Booster Stat North Plant Building 498.18 BRINE/SALT STORAGE 293666 555450-6-FEB19 3304.64053/22/2019 Electricity Bldg/Facilities Maintenance 371.17 UTILITY BUILDING 293667 555451-4-FEB19 6146.64053/22/2019 Electricity North Plant Building 18.08 BLACKHAWK PARK AERATOR 293668 557042-9-FEB19 6520.64053/22/2019 Electricity Basin Mgmt-Aeration 54.68 WIDGEON WAY 293669 571231-0-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 485.06 CENTRAL MAINTENANCE FACILITY 293670 1001469-2-FEB19 3304.64053/22/2019 Electricity Bldg/Facilities Maintenance 107.05 3619 ASHBURY RD 293671 1001528-4-FEB19 6239.64083/22/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 73,954.68 204686 3/22/2019 148203 DATABANK HOLDINGS LTD 1,060.90 BUILDING RENTAL - DATABANK 293721 52638 4005.64563/20/2019 Building Rental AccessEagan 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204686 3/22/2019 148203 DATABANK HOLDINGS LTD Continued... 1,060.90 204687 3/22/2019 101693 DICK'S SANITATION SERVICE INC. 215.74 COMPOST 293722 DT0002491475 6827.65393/20/2019 Waste Removal/Sanitation Servi Building Maintenance 166.39 COMPOST 293723 DT0002511873 3304.65393/20/2019 Waste Removal/Sanitation Servi Bldg/Facilities Maintenance 54.53 WASTE REMOVAL 293723 DT0002511873 6603.65393/20/2019 Waste Removal/Sanitation Servi Building Repair & Maint. 57.90 COMPOST 293724 DT0002516197 3313.65393/20/2019 Waste Removal/Sanitation Servi Fire Buildings 494.56 204688 3/22/2019 100537 DUDZIAK, PAM 37.50 MILEAGE - TRAINING 3/13/19 293726 031319 0720.63533/20/2019 Personal Auto/Parking General Admin-Planning & Zonin 37.50 204689 3/22/2019 101697 EAGAN CONVENTION & VISITORS BUREAU 64,341.54 JAN 19 LODGING TAX 293727 0119 9001.22103/20/2019 Due to Convention Bureau General Fund 1,423.82-COMM CENTER - JAN RENT 293727 0119 6801.46213/20/2019 Building Rent General & Administrative 3.93-LONG DISTANCE PHONE CHARGE 293727 0119 6801.63473/20/2019 Telephone Service & Line Charg General & Administrative 20.00-MONTHLY PHONE MAINT CONT 293727 0119 6801.63473/20/2019 Telephone Service & Line Charg General & Administrative 1,093.78-DUE FROM ECVB 293727 0119 9337.1386.13/20/2019 Due from ECVB Community Investment 372.89-INTEREST ON N/R - ECVB 293727 0119 9337.4613.43/20/2019 Int on IR-ECVB Community Investment 61,427.12 204690 3/22/2019 100387 EAGAN GENERAL REPAIR 90.00 UNIT 105R 293725 27746 9001.14153/20/2019 Inventory - Parts General Fund 90.00 204691 3/22/2019 150747 EAGAN KICK-START ROTARY CLUB 205.00 ROTARY, 2019 Q2 MILLER 293728 502 0201.64793/20/2019 Dues and Subscriptions General & Admn-Admn 205.00 204692 3/22/2019 102620 ECOLAB 147.44 CLEANING SUPPLIES 293819 2839517 6603.62233/21/2019 Building/Cleaning Supplies Building Repair & Maint. 147.44 204693 3/22/2019 153871 EDUCATION AND TRAINING SERVICES 499.00 SUPERVISOR TRAINING-MASSMANN 293729 041519-MASSMANN6203.64763/20/2019 Conferences/Meetings/Training Training & Education 499.00 204694 3/22/2019 100466 EMERGENCY MEDICAL PRODUCTS INC 192.34 PD MEDICAL EQUIP 293730 204085 1104.62203/20/2019 Operating Supplies - General Patrolling/Traffic 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204694 3/22/2019 100466 EMERGENCY MEDICAL PRODUCTS INC Continued... 192.34 204695 3/22/2019 146802 EMERGENCY RESPONSE SOLUTIONS 3,336.31 NEW LADDER TRUCK SCBA CON 293904 12621 9346.66803/21/2019 Mobile Equipment Fire Apparatus Revolving 3,336.31 204696 3/22/2019 153078 FIREHOUSE ID 142.38 PERSONALIZED LOCKER NAMEPLATES 293731 548 1225.62243/20/2019 Clothing/Personal Equipment Fire / EMS Equipment 142.38 204697 3/22/2019 143971 FLEETPRIDE 124.42 RO 275 293732 21563368 9001.14153/20/2019 Inventory - Parts General Fund 3.99 RO 275 293733 21625264 9001.14153/20/2019 Inventory - Parts General Fund 128.41 204698 3/22/2019 153873 FORISTAD, STACY 40.47 12259-OVRPMNT 1526 CLEMSON DR 293734 031219 9220.22503/20/2019 Escrow Deposits Public Utilities 40.47 204699 3/22/2019 111768 FRONTIER COMMUNICATIONS OF MN 131.50 BISCAYNE AVE SAN LIFT STATION 293735 02231244-S-1906 9-MAR19 6239.63523/20/2019 Telephone Circuits Lift Station Maintenanc/Repair 131.50 204700 3/22/2019 147955 GALLS LLC 129.30-UNIFORM CST FOR SCHUETSKI 293736 012098909 1107.62243/20/2019 Clothing/Personal Equipment Support Services 143.25-UNIFORM KOPP 293737 012098906 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 22.25 UNIFORM THUL 293738 012103665 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 37.98 PD EQUIPMENT 293739 012121055 1104.62203/20/2019 Operating Supplies - General Patrolling/Traffic 36.50 UNIFORM LEJCHER 293740 012117778 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 135.35 UNIFORM KOPP 293741 012119165 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 653.50 UNIFORMS PATHWAYS 293742 012121018 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 259.50 UNIFORM PATHWAYS 293743 012121019 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 325.95 UNIFORM PATHWAYS 293744 012121020 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 167.96 UNIFORM DUETMEYER 293745 012131777 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 94.25 UNIFORM BURSTEIN 293746 012131782 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 328.80 UNIFORM THUL 293747 012137699 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 109.25 UNIFORM BOESEL 293748 012138925 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 218.50 UNIFORM PATHWAYS 293749 012139803 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 60.60 UNIFORM PATHWAYS 293750 012140243 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204700 3/22/2019 147955 GALLS LLC Continued... 910.25 UNIFORM PATHWAYS 293751 012142300 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 128.20 UNIFORM PATHWAYS 293752 012165350 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 128.20 UNIFORM PATHWAYS 293753 012165351 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 29.99 UNIFORM 293754 012142359 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 29.99-UNIFORM 293755 012145481 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 129.30 UNIFORM CST FOR SCHUETSKI 293756 012211002 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 169.70 UNIFORM DUETMEYER 293757 012221344 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 135.35 UNIFORM ZASTROW 293758 012221774 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 159.12 UNIFORM KUEHNAST 293759 012225985 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 283.47 UNIFORM DUETMEYER 293760 012224816 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 139.80 UNIFORM DUETMEYER 293761 012224849 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 69.93 UNIFORM DUETMEYER 293762 012224851 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 119.62 UNIFORM DUETMEYER 293763 012192051 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 354.30 UNIFORM ANSELMENT 293764 012177260 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 22.95 UNIFORM LEJCHER 293765 012178304 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 66.45 UNIFORM JOHNSON 293766 012182536 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 586.52 UNIFORM DUETMEYER 293767 012180775 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 38.01 PD MEDICAL EQUIP 293768 012180822 1104.62203/20/2019 Operating Supplies - General Patrolling/Traffic 390.20 UNIFORM PATHWAYS 293769 012198218 1104.62243/20/2019 Clothing/Personal Equipment Patrolling/Traffic 389.70 UNIFORM PATHWAYS 293820 012198219 1104.62243/21/2019 Clothing/Personal Equipment Patrolling/Traffic 390.20 UNIFORM PATHWAYS 293821 012198220 1104.62243/21/2019 Clothing/Personal Equipment Patrolling/Traffic 18.70 UNIFORM BOESEL 293822 012188126 1104.62243/21/2019 Clothing/Personal Equipment Patrolling/Traffic 18.70 UNIFORM ISKAT 293823 012188127 1104.62243/21/2019 Clothing/Personal Equipment Patrolling/Traffic 18.70 UNIFORM JUELFS 293824 012188128 1104.62243/21/2019 Clothing/Personal Equipment Patrolling/Traffic 48.50 UNIFORM PATHWAYS 293825 012188474 1104.62243/21/2019 Clothing/Personal Equipment Patrolling/Traffic 48.50 UNIFORM PATHWAYS 293826 012189574 1104.62243/21/2019 Clothing/Personal Equipment Patrolling/Traffic 44.10 UNIFORM PATHWAYS 293827 012190196 1104.62243/21/2019 Clothing/Personal Equipment Patrolling/Traffic 6,986.31 204701 3/22/2019 153858 GLOBE TICKET 116.00 WRIST BANDS 293770 311510 6717.62203/20/2019 Operating Supplies - General Lifeguards 116.00 204702 3/22/2019 152667 GRACENOTE MEDIA SERVICES LLC 412.00 ELECTRONIC PROGRAMMING GUIDE 293906 9747019399 9701.63103/21/2019 Professional Services-General PEG-eligible 412.00 204703 3/22/2019 100083 HACH CO 2,478.65 6 MOTH LAB SUPPLIES 293771 11317145 6149.62203/20/2019 Operating Supplies - General Water Sampling/Testing 84.15 6 MOTH LAB SUPPLIES 293772 11317949 6149.62203/20/2019 Operating Supplies - General Water Sampling/Testing 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204703 3/22/2019 100083 HACH CO Continued... 98.76 LAB SUPPLIES 293773 11323103 6149.62203/20/2019 Operating Supplies - General Water Sampling/Testing 878.05 6 MONTH ALB SUPPLIES 293774 11366711 6149.62203/20/2019 Operating Supplies - General Water Sampling/Testing 24.90 LAB ORDER 293775 11327221 6149.62303/20/2019 Repair/Maintenance Supplies-Ge Water Sampling/Testing 3,564.51 204704 3/22/2019 100082 HEALTHPARTNERS 1,624.50 DENTAL ADMIN FEE - APR 19 293776 88287487 9594.61613/20/2019 Dental self-insurance admin fe Dental Self-insurance 1,624.50 204705 3/22/2019 138185 HIRSHFIELDS DECORATING CENTERS 249.88 PAINT 293777 37126224 6603.62333/20/2019 Building Repair Supplies Building Repair & Maint. 249.88 204706 3/22/2019 100297 HOLIDAY COMMERCIAL 365.00 PD CAR WASHES 293778 1400-006-311-45 8-030819 1104.63543/20/2019 Car Washes Patrolling/Traffic 365.00 204707 3/22/2019 100627 HOME DEPOT CREDIT SERVICES 36.30 SNOWBRUSHES 293850 2090474 1104.62203/22/2019 Operating Supplies - General Patrolling/Traffic 36.67 PARTS-UNIT 126 293851 9012532 9001.14153/22/2019 Inventory - Parts General Fund 14.96 PARTS-UNIT 1219 293852 13245 9001.14153/22/2019 Inventory - Parts General Fund 37.91 PARTS-UNIT 1212 293853 7092061 9001.14153/22/2019 Inventory - Parts General Fund 3.57 PARTS-UNIT 146 293854 7610658 2240.62313/22/2019 Mobile Equipment Repair Parts Street Plowing/Sanding 17.05 PARTS-UNIT 1212 293855 6013512 9001.14153/22/2019 Inventory - Parts General Fund 37.96 CATCH BASIN CLEANING 293856 2092595 2271.62203/22/2019 Operating Supplies - General Boulevard/Ditch Mtn 108.70 SUPPLIES 293857 1090568 6603.62333/22/2019 Building Repair Supplies Building Repair & Maint. 25.13 CABLE TIES 293858 510092 6603.62333/22/2019 Building Repair Supplies Building Repair & Maint. 83.90 SUPPLIES 293859 7040435 6602.62303/22/2019 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 402.15 204708 3/22/2019 141048 HORNSTEIN, CHERYL 2,328.98 FINAL WINTER PAYMENT 293779 3-031419 3057.63203/20/2019 Instructors Preschool Programs 2,328.98 204709 3/22/2019 100089 HOSE CONVEYORS INC 52.13 TOILET REPAIR QUARRY 293780 00079239 3106.62333/20/2019 Building Repair Supplies Structure Care & Maintenance 52.13 204710 3/22/2019 115944 INTEREUM, INC. 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204710 3/22/2019 115944 INTEREUM, INC.Continued... 909.80 ERGO CHAIR MIKE SIPPER 293781 155281 9593.66503/20/2019 Furniture & Fixtures Workers' Compensation Self-In 909.80 204711 3/22/2019 107945 INT'L CONFERENCE OF POLICE CHAPLAINS 125.00 ICPC- BROWN 293782 53560 1101.64793/20/2019 Dues and Subscriptions General/Admn-Police 125.00 204712 3/22/2019 151879 JOHNSON CONTROLS FIRE PROTECTION LP 502.12 FIRE ALARM MONITORING 293783 20809879 6827.65693/20/2019 Maintenance Contracts Building Maintenance 502.12 204713 3/22/2019 113123 KIMMES-BAUER WELL DRILLING, INC. 330.00 GUN RANGE WELL REPAIR 293784 48455 3316.65353/20/2019 Other Contractual Services Police 330.00 204714 3/22/2019 153872 KODIAK POWER SYSTEMS 1,400.00 GENERATOR MAINTENANCE 293828 KPS0324 6232.64253/21/2019 Mobile Equipment Repair Labor Equipment Maintenance/Repair 774.00 THOMPSON PUMP MAINTENANCE 293828 KPS0324 6432.64253/21/2019 Mobile Equipment Repair Labor Equipment Maintenance/Repair 2,174.00 204715 3/22/2019 135589 KULLY SUPPLY INC. 69.76 BUILDING SUPPLIES 293829 481369 6603.62333/21/2019 Building Repair Supplies Building Repair & Maint. 69.76 204716 3/22/2019 131038 LANDS END BUSINESS OUTFITTERS 72.95 UNIFORM KLEIN 293785 SIN7218179 1107.62243/20/2019 Clothing/Personal Equipment Support Services 72.95 204717 3/22/2019 137999 LIBERTY TIRE RECYCLING LLC 109.45 TIRE DESPOSAL 293786 1547946 9001.14153/20/2019 Inventory - Parts General Fund 109.45 204718 3/22/2019 100490 LIFEWORKS 61.59 SKYHILL CLEANING 293787 099818 3106.65373/20/2019 Janitorial Service Structure Care & Maintenance 61.59 204719 3/22/2019 100367 LYN-MAR TYPESETTING PRINTING 233.00 HOME & LEISURE SHOW PROGRAMS 293790 40210 6616.63703/20/2019 General Printing and Binding Home Garden & Leisure Show 233.00 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204720 3/22/2019 149504 MACQUEEN EMERGENCY GROUP Continued... 40.00 UNIT 1219 293788 P01872 9001.14153/20/2019 Inventory - Parts General Fund 40.00 204721 3/22/2019 142378 MARKS, RYAN 44.00 RYAN MARKS UNIFORM 293791 021519 3170.62243/20/2019 Clothing/Personal Equipment General AdmIn-Parks 44.00 204722 3/22/2019 153875 MARQUEZ, CARLOS 25.20 12259-OVRPMNT 3954 MICA TR 293789 031219 9220.22503/20/2019 Escrow Deposits Public Utilities 25.20 204723 3/22/2019 104634 MASS/MRPA 139.00 MASS CONFERENCE - LOUDI 293792 040319-RIVAMONT E 3078.62203/20/2019 Operating Supplies - General Senior Citizens 139.00 204724 3/22/2019 149658 MASSMANN, BRENT 159.33 WWETT SHOW REIMBURSEMENT 293793 022319 6203.64763/21/2019 Conferences/Meetings/Training Training & Education 159.33 204725 3/22/2019 153862 MCWHORTER, DANIEL 21.20 12259-OVRPMNT 3813 BRIDGEWATER 293794 031219 9220.22503/21/2019 Escrow Deposits Public Utilities 21.20 204726 3/22/2019 136836 MED COMPASS 595.00 SWAT TEAM HEARING TESTS 293830 35227 1001.63193/21/2019 Medical Services - Other General/Admn-Human Resources 595.00 204727 3/22/2019 149107 MEDIA VALET INC. 6,000.00 PHOTO MGMT TOOL SUBSCRIPTION 293907 17601MV 0901.65353/21/2019 Other Contractual Services Gen & Admin-Communications 6,000.00 204728 3/22/2019 151095 MENARDS-BURNSVILLE 99.98 MDO PANELS FOR TENNIS BOARDS 293795 98954 3104.62523/21/2019 Parks & Play Area Supplies Site Amenity Installation 99.98 204729 3/22/2019 100452 METRO VOLLEYBALL OFFICIALS ASN 150.00 MEN'S VOLLEYBALL OFFICIALS 293796 405 3041.63273/21/2019 Sporting Event Officials Adult Volleyball-Men 120.00 WOMEN'S VOLLEYBALL OFFICIALS 293796 405 3042.63273/21/2019 Sporting Event Officials Adult Volleyball-Women 210.00 CO-REC VOLLEYBALL OFFICIALS 293796 405 3043.63273/21/2019 Sporting Event Officials Adult Volleyball-Co-Rec 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204729 3/22/2019 100452 METRO VOLLEYBALL OFFICIALS ASN Continued... 480.00 204730 3/22/2019 100133 MIKES SHOE REPAIR 119.00 NEW MILLER BOOTS 293797 3152019 1221.62243/21/2019 Clothing/Personal Equipment Administration-Fire 119.00 204731 3/22/2019 102753 MINNCOR INDUSTRIES 60.00 B KEENEY BUSINESS CARDS 293798 SOI-078442 6601.62103/21/2019 Office Supplies General/Administrative-Arena 60.00 J ELLICKSON BUSINESS CARDS 293799 SOI-078279 0901.62103/21/2019 Office Supplies Gen & Admin-Communications 60.00 A KLEINSCHRODT BUSINESS CARDS 293799 SOI-078279 6801.62103/21/2019 Office Supplies General & Administrative 180.00 204732 3/22/2019 100664 MN CHILD SUPPORT 664.51 PAYROLL ENDING 3/16/19 293555 GARNISHMENT 3/16/19 9592.20303/22/2019 Ded Pay - Garnishments Benefit Accrual 354.86 PAYROLL ENDING 3/16/19 293556 GARNISHMENT 3/16/19-1 9592.20303/22/2019 Ded Pay - Garnishments Benefit Accrual 230.73 PAYROLL ENDING 3/16/19 293557 GARNISHMENT 3/16/19-2 9592.20303/22/2019 Ded Pay - Garnishments Benefit Accrual 65.83 PAYROLL ENDING 3/16/19 293558 GARNISHMENT 3/16/19-3 9592.20303/22/2019 Ded Pay - Garnishments Benefit Accrual 1,315.93 204733 3/22/2019 121807 MN CLAY COMPANY USA 59.67 PROGRAM SUPPLIES 293897 108873 3081.62273/21/2019 Recreation Equipment/Supplies Arts & Humanities Council 59.67 204734 3/22/2019 120087 MN ENERGY RESOURCES CORP 2,259.01 HEATED VEHICLE STORAGE 293800 0502896570-0000 8-JAN19 3304.64103/21/2019 Natural Gas Service Bldg/Facilities Maintenance 467.20 FIRE SAFETY CENTER 293801 0507084666-0000 1-MAR19 3313.64103/21/2019 Natural Gas Service Fire Buildings 173.27 ART HOUSE 293802 0506085756-0000 1-MAR19 3106.64103/21/2019 Natural Gas Service Structure Care & Maintenance 96.67 OLD TOWN HALL 293803 0504848982-0000 1-MAR19 3304.64103/21/2019 Natural Gas Service Bldg/Facilities Maintenance 7,161.71 CITY HALL 293804 0507679172-0000 1-MAR19 3304.64103/21/2019 Natural Gas Service Bldg/Facilities Maintenance 2,756.02 SOUTH TREATMENT PLANT 293805 0503582559-0000 1-MAR19 6154.64103/21/2019 Natural Gas Service South Plant Building 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204734 3/22/2019 120087 MN ENERGY RESOURCES CORP Continued... 1,176.29 CIVIC ICE ARENA 293806 0504859971-0000 1-MAR19 6601.64103/21/2019 Natural Gas Service General/Administrative-Arena 199.06 BIRDLE RIDGE PARK 293807 0502896570-0000 6-MAR19 3106.64103/21/2019 Natural Gas Service Structure Care & Maintenance 14,289.23 204735 3/22/2019 103029 MN FIRE SERVICE CERTIFICATION BOARD 25.00 RECERT CASEY CAYER 293905 6449 1223.63203/21/2019 Instructors Training Fire & EMS 25.00 204736 3/22/2019 103035 MNAPA 25.00 MNAPA JOB POSTING CITY PLANNER 293811 031819 1001.63583/21/2019 Employment Advertising General/Admn-Human Resources 25.00 204737 3/22/2019 100146 MTI DISTR CO 218.15 UNIT 334 293808 1201361-00 9001.14153/21/2019 Inventory - Parts General Fund 597.67 UNITS 328, 329, 332, 333 293898 1202823-00 9001.14153/21/2019 Inventory - Parts General Fund 815.82 204738 3/22/2019 153869 NASSEFF MECHANICAL CONTRACTORS 60.00 FIRE SUPPRESSION PERMIT 293812 154108 0801.40963/21/2019 Fire Suppression Permits General & Admn-Protective Insp .75 FIRE SUPPRESSION PERMIT 293812 154108 9001.21953/21/2019 Due to State - Permit Surcharg General Fund 60.75 204739 3/22/2019 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 3/16/19 293559 031619 9592.20373/22/2019 Ded Payable-Teamsters DRIVE Benefit Accrual 2.00 204740 3/22/2019 152201 NEWMAN SIGNS INC 35.96 SIGNS 293813 TRFINV009850 2242.62573/21/2019 Signs & Striping Material Signs-Installation & Mtn 9.42-SIGNAGE FOR BEVERLY DR MAINBR 293814 CREDT0003930 6160.64573/21/2019 Machinery & Equipment-Rental Main Maintenance/Repair 26.54 204741 3/22/2019 101324 NORTHLAND BUSINESS SYSTEMS 90.00 MOBILE RADIO REPAIR 293809 IN8836L 1104.62323/21/2019 Small Equipment Repair Parts Patrolling/Traffic 90.00 204742 3/22/2019 153864 NOZZTEQ INC 741.62 JETTING NOZZLE 293810 NT-06-13064 6238.62603/21/2019 Utility System Parts/Supplies Sewer Main Maintenance 741.62 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204742 3/22/2019 153864 NOZZTEQ INC Continued... 204743 3/22/2019 143383 OERTEL ARCHITECTS 2,385.78 TRAPP BLDG DESIGN SERVICES 293831 4-030719 2842.67513/21/2019 Design & Engineering (External Trapp Farm Park 2,385.78 204744 3/22/2019 108599 OFFICE DEPOT, INC. 76.79 SMALL OFFICE EQUIP 293836 284669645001 1107.62123/21/2019 Office Small Equipment Support Services 87.35 KEYBOARD WRIST RESTS 293837 289049252001 3001.62103/21/2019 Office Supplies General/Admn-Recreation 164.14 204745 3/22/2019 115253 PELLICCI ACE HARDWARE 6.99 4 CYCLE GAS 293832 18349/E 6154.62303/21/2019 Repair/Maintenance Supplies-Ge South Plant Building 6.99 204746 3/22/2019 153877 POLENCHECK, RICHARD 74.44 12259-OVRPMNT 963 KETTLE CREEK 293833 031219 9220.22503/21/2019 Escrow Deposits Public Utilities 74.44 204747 3/22/2019 100361 R & R SPECIALTIES INC 82.50 BLADES SHARPENED 293834 0067376-IN 6602.62303/21/2019 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 82.50 204748 3/22/2019 143557 RANDSTAD (R) 1,427.12 EVID TECH 3/3-3/9/19 293838 R24532237 9695.65613/21/2019 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,427.12 204749 3/22/2019 100169 RATWIK ROSZAK ETAL 840.00 OUTSIDE LEGAL CONSULT 293835 63713 0603.63113/21/2019 Legal Outside Legal Counsel 840.00 204750 3/22/2019 110070 RDO EQUIPMENT CO. 132.41 UNIT 324 293840 P54893 9001.14153/21/2019 Inventory - Parts General Fund 132.41 204751 3/22/2019 143983 RED'S SAVOY PIZZA 971.00 CONCESSION RESALE 293847 030119 6609.68553/21/2019 Merchandise for Resale Concession Sales/Vending 971.00 204752 3/22/2019 149711 SAFE-FAST INC. 1,060.00 TRAFFIC CONES 293839 INV212068 6238.62603/21/2019 Utility System Parts/Supplies Sewer Main Maintenance 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204752 3/22/2019 149711 SAFE-FAST INC.Continued... 1,060.00 204753 3/22/2019 153874 SCHREINER, BRANDEN 32.86 12259-OVRPMNT 1527 GREENWOOD C 293846 031219 9220.22503/21/2019 Escrow Deposits Public Utilities 32.86 204754 3/22/2019 109652 SCOTT, MIKE 60.00 MEAL REIMB - MSFCA DULUTH 293900 031719 1223.64763/21/2019 Conferences/Meetings/Training Training Fire & EMS 60.00 204755 3/22/2019 102392 SPARTAN PROMOTIONAL GROUP, INC. 549.83 ART BLOCK PROMO MATERIALS 293842 575917 3079.62273/21/2019 Recreation Equipment/Supplies Special Events 465.12 ART BLOCK PROMO MATERIALS 293843 575916 3079.62273/21/2019 Recreation Equipment/Supplies Special Events 529.75 ART BLOCK PROMO MATERIALS 293844 575914 3079.62273/21/2019 Recreation Equipment/Supplies Special Events 1,544.70 204756 3/22/2019 129171 STATE OF MN DEPT OF PUBLIC SAFETY 25.00 TIER 2 293848 2018-MAINTFAC 2401.62343/21/2019 Field/Other Equipment Repair Gen/Adm-Central Services 25.00 204757 3/22/2019 100204 STREICHERS INC. 1,137.03 LL ROUNDS 293849 I1356535 1104.62283/21/2019 Ammunition Patrolling/Traffic 1,137.03 204758 3/22/2019 152821 SUNSET LAW ENFORCEMENT 1,324.80 SNIPER AMMO 293845 0002782-IN 1104.62283/21/2019 Ammunition Patrolling/Traffic 1,324.80 204759 3/22/2019 151851 SYSCO-MINNESOTA INC 38.33 SYSCO CONCESSION SUPPLY-POPCOR 293841 247341838 6806.62203/21/2019 Operating Supplies - General Concessions 38.33 204760 3/22/2019 143384 TAYLOR ELECTRIC COMPANY 1,501.32 ELECT WORK NTP BOILER ROOM LIG 293879 1325 6146.64273/21/2019 Building Operations/Repair-Lab North Plant Building 1,061.20 E-ATOP INSTALLED WITH MATERIAL 293880 1324 6146.64273/21/2019 Building Operations/Repair-Lab North Plant Building 2,562.52 204761 3/22/2019 134135 THOMSON REUTERS 237.04 CLEAR MONTHLY-FEBRUARY 2019 293886 839879731 1105.64573/21/2019 Machinery & Equipment-Rental Investigation/Crime Prevention 237.04 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204761 3/22/2019 134135 THOMSON REUTERS Continued... 204762 3/22/2019 151227 TITLESMART INC. 7.25 12259-OVRPMNT 4230 JASPER DR 293881 031219 9220.22503/21/2019 Escrow Deposits Public Utilities 7.25 204763 3/22/2019 149414 TRACTOR SUPPLY CREDIT PLAN 19.98 PLOW EQUIP PARTS 293882 326431 2240.62313/21/2019 Mobile Equipment Repair Parts Street Plowing/Sanding 19.98 204764 3/22/2019 151307 TRADEMARK TITLE SERVICES 22.95 12259-OVRPMNT 4144 NEW YORK AV 293887 031219 9220.22503/21/2019 Escrow Deposits Public Utilities 22.95 204765 3/22/2019 134200 TREMBLEY, KRISTIN 607.00 TUITION REIMBURSEMENT 293888 030319 1001.64783/21/2019 Tuition and Book Reimbursement General/Admn-Human Resources 607.00 204766 3/22/2019 119645 USA SAFETY SUPPLY CORPORATION 265.38 FIELD CLOTHING 293883 128047 0720.62243/21/2019 Clothing/Personal Equipment General Admin-Planning & Zonin 265.38 204767 3/22/2019 100464 VALLEY-RICH COMPANY INC 4,098.26 SERVICE LEAK REPAIR 293884 26631 6159.64323/21/2019 Utility System Repair-Labor Service Inspectn/Maint/Repair 4,098.26 204768 3/22/2019 100236 VAN PAPER 172.10 CLEANING SUPPLIES 293885 494198-00 3106.62233/21/2019 Building/Cleaning Supplies Structure Care & Maintenance 13.60 CLEANING SUPPLIES 293889 493668-01 3106.62233/21/2019 Building/Cleaning Supplies Structure Care & Maintenance 185.70 204769 3/22/2019 153876 VANG, BAO 14.42 12259-OVRPMNT 4875 SAFARI PASS 293890 031219 9220.22503/21/2019 Escrow Deposits Public Utilities 14.42 204770 3/22/2019 100237 VIKING ELECTRIC 40.00 BUILDING SUPPLIES 293891 S002384653.001 6631.62203/21/2019 Operating Supplies - General Arena Softball 64.00 BUILDING SUPPLIES 293892 S002376922.001 6631.62203/21/2019 Operating Supplies - General Arena Softball 104.00 204771 3/22/2019 100706 WAL MART 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 204771 3/22/2019 100706 WAL MART Continued... 90.84 SUPPLIES 293860 007019 3057.62273/22/2019 Recreation Equipment/Supplies Preschool Programs 90.84 204772 3/22/2019 106655 WATRY, PAUL 46.77 UNIFORMS-TSHIRTS 293893 030919 3170.21153/21/2019 Clothing Allowance General AdmIn-Parks 46.77 204773 3/22/2019 102255 WCRA 9,165.57 INSTALL #2 293899 59795 9593.63853/21/2019 Insurance Workers' Compensation Self-In 9,165.57 204774 3/22/2019 113476 WISCONSIN SUPPORT COLLECTIONS TRUST FUND 208.15 PAYROLL ENDING 3/16/19 293560 GARNISHMENT 3/16/19 9592.20303/22/2019 Ded Pay - Garnishments Benefit Accrual 208.15 204775 3/22/2019 104542 WSB & ASSOCIATES, INC. 9,722.00 SOOLINE DESIGN WSB 293894 R-013005-000-4 2852.67503/21/2019 Administration General Park Site Improvmts 9,722.00 204776 3/22/2019 101755 XCEL ENERGY 65.72 WELL #6 293895 51-6563389-6-03 0819 6148.64093/21/2019 Electricity-Wells/Booster Stat North Well Field 247.40 WELL #16 293895 51-6563389-6-03 0819 6148.64093/21/2019 Electricity-Wells/Booster Stat North Well Field 229.63 WELL #7 293895 51-6563389-6-03 0819 6148.64093/21/2019 Electricity-Wells/Booster Stat North Well Field 9.57 WELL #17 293895 51-6563389-6-03 0819 6148.64093/21/2019 Electricity-Wells/Booster Stat North Well Field 64.79 WELL #17 293895 51-6563389-6-03 0819 6148.64093/21/2019 Electricity-Wells/Booster Stat North Well Field 617.11 204777 3/22/2019 101755 XCEL ENERGY 87.34-ALEXANDER LIFT STATION 293896 51-6563387-4-03 0819 6236.64083/21/2019 Electricity-Lift Stations Assist - Streets 243.87 HWY 55 SAN 293896 51-6563387-4-03 0819 6236.64083/21/2019 Electricity-Lift Stations Assist - Streets 156.53 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20190124 3/22/2019 100249 FIT Continued... 129,034.38 PAYROLL ENDING 3/16/19 293874 032219 9880.20113/22/2019 Ded Payable - FIT Payroll 129,034.38 20190125 3/22/2019 100250 COMMISIONER OF REVENUE-PAYROLL 38,134.03 PAYROLL ENDING 3/16/19 293875 032219 9880.20123/22/2019 Ded Payable - SIT Payroll 38,134.03 20190126 3/22/2019 100252 FICA 33,147.11 PAYROLL ENDING 3/16/19 293876 032219 9880.20143/22/2019 Ded Payable - FICA Payroll 33,147.11 20190127 3/22/2019 100253 MEDICARE 13,081.46 PAYROLL ENDING 3/16/19 293877 032219 9880.20153/22/2019 Ded Payable - Medicare Payroll 13,081.46 20190128 3/22/2019 147368 MN DEPT OF REVENUE - TAX LEVY 387.34 PAYROLL ENDING 3/16/19 293878 032219 9880.20303/22/2019 Ded Pay - Garnishments Payroll 387.34 20190313 3/22/2019 100693 EAGAN PAYROLL ACCT 740,590.00 PAYROLL ENDING 3/16/19 293873 032119 9001.11153/22/2019 Claim on Cash General Fund 11,413.19 PAYROLL ENDING 3/16/19 293873 032119 9197.11153/22/2019 Claim on Cash ETV 68,521.68 PAYROLL ENDING 3/16/19 293873 032119 9220.11153/22/2019 Claim on Cash Public Utilities 20,572.98 PAYROLL ENDING 3/16/19 293873 032119 9221.11153/22/2019 Claim on Cash Civic Arena 4,121.00 PAYROLL ENDING 3/16/19 293873 032119 9222.11153/22/2019 Claim on Cash Cascade Bay 36,542.16 PAYROLL ENDING 3/16/19 293873 032119 9223.11153/22/2019 Claim on Cash Central Park/Community Center 4,163.10 PAYROLL ENDING 3/16/19 293873 032119 9225.11153/22/2019 Claim on Cash Fiber Infrastructure Fund 89,264.65 PAYROLL ENDING 3/16/19 293873 032119 9592.11153/22/2019 Claim on Cash Benefit Accrual 46,228.57 PAYROLL ENDING 3/16/19 293873 032119 9592.61443/22/2019 FICA Benefit Accrual 1,021,417.33 20190315 3/22/2019 138388 VANCO SERVICES LLC 236.50 FEBRUARY 2019 293861 00009619820 6101.65353/22/2019 Other Contractual Services Water -Administration 236.50 20192505 3/22/2019 115374 MN STATE RETIREMENT SYSTEM-HCSP 27,466.39 EMPLOYEE CONTRIBUTIONS 293862 032219 9592.20343/22/2019 Ded Payable-HCSP Benefit Accrual 27,466.39 20193205 3/22/2019 138969 MN STATE RETIREMENT SYSTEM-MNDCP 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20193205 3/22/2019 138969 MN STATE RETIREMENT SYSTEM-MNDCP Continued... 12,354.37 EMPLOYEE CONTRIBUTIONS 293863 032219 9592.20323/22/2019 Ded Pay - Great West Def Comp Benefit Accrual 12,354.37 20194205 3/22/2019 100892 ICMA RETIREMENT TRUST 45,204.43 EMPLOYEE CONTRIBUTIONS 293864 032219 9592.20313/22/2019 Ded Pay - ICMA Benefit Accrual 45,204.43 20195102 3/22/2019 100283 BERKLEY ADMINISTRATORS 3,167.00 CLAIM OR ADMIN FEE PAYMENT 293865 031919 9593.63873/22/2019 Worker's Comp - Administration Workers' Compensation Self-In 3,167.00 20195616 3/22/2019 147907 SELECT ACCOUNT 125.00 DEPOSIT FOR C. SWALCHICK 293866 031819 9592.61593/22/2019 VEBA Benefit Accrual 125.00 20195617 3/22/2019 147907 SELECT ACCOUNT 9,246.70 FLEX REIMBURSEMENT 293867 032119 9592.22153/22/2019 Flex Plan Withholding Payable Benefit Accrual 9,246.70 20196002 3/22/2019 100901 MN DEPT OF REVENUE 3,502.00 SALES TAX - FEB 2019 293868 SALES TAX - FEB 2019 9001.22703/22/2019 Sales Tax Payable General Fund 128.00 TRANSIT TAX - FEB 2019 293868 SALES TAX - FEB 2019 9001.22713/22/2019 Transit Imprv Tax General Fund 9,477.00 SALES TAX - FEB 2019 293868 SALES TAX - FEB 2019 9220.22703/22/2019 Sales Tax Payable Public Utilities 344.00 TRANSIT TAX - FEB 2019 293868 SALES TAX - FEB 2019 9220.22713/22/2019 Transit Imprv Tax Public Utilities 1,419.00 SALES TAX - FEB 2019 293868 SALES TAX - FEB 2019 9221.22703/22/2019 Sales Tax Payable Civic Arena 41.00 TRANSIT TAX - FEB 2019 293868 SALES TAX - FEB 2019 9221.22713/22/2019 Transit Imprv Tax Civic Arena 207.00 SALES TAX - FEB 2019 293868 SALES TAX - FEB 2019 9222.22703/22/2019 Sales Tax Payable Cascade Bay 8.00 TRANSIT TAX - FEB 2019 293868 SALES TAX - FEB 2019 9222.22713/22/2019 Transit Imprv Tax Cascade Bay 7,152.00 SALES TAX - FEB 2019 293868 SALES TAX - FEB 2019 9223.22703/22/2019 Sales Tax Payable Central Park/Community Center 259.00 TRANSIT TAX - FEB 2019 293868 SALES TAX - FEB 2019 9223.22713/22/2019 Transit Imprv Tax Central Park/Community Center 3/21/2019City of Eagan 16:17:56R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 3/22/20193/18/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20196002 3/22/2019 100901 MN DEPT OF REVENUE Continued... 22,537.00 20197002 3/22/2019 100901 MN DEPT OF REVENUE 1,911.75 FUEL TAX (CENT SV) FEB 2019 293869 FUEL TAX - FEB 2019 2244.62353/22/2019 Fuel, Lubricants, Additives Street Equipment Repair/Mtn 20.31 FUEL TAX (EQUIP) FEB 2019 293869 FUEL TAX - FEB 2019 3127.62353/22/2019 Fuel, Lubricants, Additives Equipment Maintenance/Repair 4.23 FUEL TAX (SEWER) FEB 2019 293869 FUEL TAX - FEB 2019 6232.62353/22/2019 Fuel, Lubricants, Additives Equipment Maintenance/Repair 1,936.29 20198006 3/22/2019 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PERIOD 3/3/19-3/16/19 293870 434600-032219 9592.61463/22/2019 PERA - DCP Benefit Accrual 79,242.83 PAYROLL PERIOD 3/3/19-3/16/19 293870 434600-032219 9592.20133/22/2019 Ded Payable - PERA Benefit Accrual 42,649.55 PAYROLL PERIOD 3/3/19-3/16/19 293870 434600-032219 9592.61423/22/2019 PERA - Coordinated Benefit Accrual 63,304.61 PAYROLL PERIOD 3/3/19-3/16/19 293870 434600-032219 9592.61433/22/2019 PERA - Police Benefit Accrual 185,273.95 20198510 3/22/2019 151185 HEALTHPARTNERS INC 2,131.95 DENTAL CLAIMS REIMBURSEMENT 293871 031819 9594.61583/22/2019 Dental Insurance Dental Self-insurance 2,131.95 20199003 3/22/2019 147691 HR SIMPLIFIED INC. 165.00 RETIREE ADMIN FEE - FEB 2019 293872 59629 1001.65353/22/2019 Other Contractual Services General/Admn-Human Resources 165.00 1,951,591.16 Grand Total Payment Instrument Totals Checks 1,951,591.16 Total Payments 1,951,591.16 3/21/2019City of Eagan 16:18:07R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/22/20193/18/2019 - Company Amount 895,235.2309001GENERAL FUND 15,008.0409197ETV 276,437.1909220PUBLIC UTILITIES 37,788.6709221CIVIC ARENA 6,518.2109222CASCADE BAY 43,355.8009223CENTRAL PARK /COMMUNITY CENTER 5,224.0009225FIBER INFRASTRUCTURE FUND 12,107.7809328PARK SYS DEV AND R&R 1,466.67-09337 COMMUNITY INVESTMENT 3,336.3109346FIRE APPARATUS REVOLVING 900.0009353POLICE & CITY HALL REMODEL 416,690.1409592BENEFIT ACCRUAL 13,242.3709593WORKERS' COMPENSATION SELF-INS 3,756.4509594Dental Self-insurance 9,673.3209695DAK CO DRUG TASK FORCE 213,784.3209880PAYROLL Report Totals 1,951,591.16 Agenda Information Memo April 2, 2019, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contract listed below. Facts: The contract listed below is in order for Council approval. Following approval, the contract will be electronically executed by the Mayor and City Clerk. Contract to be approved: Presort Enrollment Agreement with Pitney Bowes Presort Services Entertainment Agreements with: o 1st Things 1st o Elvis Experience o Apple Valley High R & B Band o Axis Mundi o Brio Brass o Briz and Lady o Craig Clark o Greenwood Tree o House of Dance o JPS Entertainment o LaValle Jazz Cats o Rockin Hollywoods o Saddle Sores o Six Appeal o Socaholix o Sound Advice o THAT Cooking School o The Percolators o Vinnie Rose Sponsorship Agreement with Eagan 50+ Senior for Market Fest Sponsorship Agreement with Genisys Credit Union for 2019 Eagan Events Agreement with Hunger Solutions-EBT & Market Bucks for Market Fest Agreement with Pros of the Rope Vendor Service for Safety Camp Agreement with University of Minnesota for Snowplow Equipment Evaluation Attachments: (0) The contract is available from the City Clerk’s Office. Agenda Information Memo April 2, 2019, Eagan City Council Meeting CONSENT AGENDA E.Approve a resolution to accept donations from the Eagan Hockey Association, Affordable Inflatables and Dakota Electric Association Action To Be Considered: To approve a resolution to accept donations from the Eagan Hockey Association, Affordable Inflatables and Dakota Electric Association Facts: State Statute requires the Mayor and City Council to accept donations to the City via a resolution. The City has received the following donations: o $4,850 from the Eagan Hockey Association for blue backer boards on the Civic Arena drink rail o $437.48 from the Eagan Hockey Association for back lit signs in the Civic Arena East Rink o Inflatable Slide rental from Affordable Inflatables for a Recreation Pop-Up Event at Rahn Park o $200 from Dakota Electric Association for tree planting at the Eagan Arbor Day event Attachments: (1) CE-1 Resolution RESOLUTION NO. _______ CITY OF EAGAN Accept Donations from the Eagan Hockey Association, Affordable Inflatables and Dakota Electric Association WHERAS, the City of Eagan is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefits of its citizens, and is specifically authorized to accept gifts; and WHEREAS, the following entities have offered to contribute the following donations set forth below to the City: Name of Donor Donation Eagan Hockey Association $4,850 for blue backer board on the Civic Arena drink rail Eagan Hockey Association $437.48 for back lit signs in the Civic Arena East Rink Affordable Inflatables Inflatable slide rental for a Recreation Pop-Up Event at Rahn Park Dakota Electric Association $200 for tree planting at the Eagan Arbor Day event WHEREAS, the donations have been contributed to the City for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby accepts the donations described above. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: April 2, 2019 CERTIFICATION I, Christina M .Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of April, 2019. ____________________________ City Clerk Agenda Information Memo April 2, 2019, Eagan City Council Meeting CONSENT AGENDA F. Set interest rate on special assessments levied in 2019 at 4.0%. Action to be Considered: To set the interest rate for special assessments levied in 2019 at 4.0%. Facts: By policy, the interest rate for special assessments is set by the Council each year in April for projects to be assessed in the current year. The rate applies to assessments on public improvement projects, delinquent utility bills, and delinquent invoices for noxious weed-cutting, board-ups, and false alarm charges. The interest rate is to be between 1.5% and 2.0% over the current composite 10- year AAA municipal bond yield, rounded to the nearest .5%. The current composite 10-year AAA municipal bond yield is 2.10%, putting the City interest rate range at 3.60% to 4.10%; therefore, the interest rate to be used on special assessments this year calculates to 4.0%. Last year, the special assessment rate was 4.5%. Attachments: None Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA G. Approve Contracts For Nature Trail Improvements Action To Be Considered: Receive bids and award contracts 19-14, 19-15 and 19-16 for Nature Trail Improvements and authorize the Mayor and City Clerk to execute all related documents. Facts: Nature Trail Improvements provides for maintenance to several existing trails and additional new trail connections to neighborhoods. The plans and concepts were presented to City Council by Advisory Parks and Recreation Commission during the September 11, 2018 Special Meeting as part of the CIP presentation. Contract 19-14 provides Northview Drive trail improvements with low bid provided by G.F. Jedlicki, Inc. in the amount of $12,865. Contract 19-15 provides Berry Ridge, Patrick Eagan South, Thresher Fields and Rahn Park trail improvements with low bid provided by Minnesota Native Landscapes, Inc. in the total amount of $181,129. Contract 19-16 provides Deerwood Drive trail improvements with low bid provided by Blackstone Contractors, LLC in the amount of $35,825. All bids have been reviewed for compliance to the specifications by Park Staff and consultant and found to be in order for favorable Council action Attachments: (1) CG-1 Bid tabulation NO.ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE BERRY RIDGE: 1 Mobilization (including health and safety, utility clearances) (01505)LUMP SUM 1 2,500.00$ 2,500.00$ 3,200.00$ 3,200.00$ 2,000.00$ 2,000.00$ 12,000.00$ 12,000.00$ 3,500.00$ 3,500.00$ 2 Temporary Construction Access Maintained (01570)EACH 1 2,500.00$ 2,500.00$ 950.00$ 950.00$ 1,750.00$ 1,750.00$ 850.00$ 850.00$ 2,500.00$ 2,500.00$ 3 Restore Access & Staging Area LUMP SUM 1 5,000.00$ 5,000.00$ 2,845.00$ 2,845.00$ 1,000.00$ 1,000.00$ 1,800.00$ 1,800.00$ 5,000.00$ 5,000.00$ 4 Clear (02102) and Grade Natural Hiking Trail, Full Bench (02315)LIN FT 240 10.00$ 2,400.00$ 12.00$ 2,880.00$ 3.00$ 720.00$ 22.00$ 5,280.00$ 35.00$ 8,400.00$ 5 Clear (02102) and Grade Natural Hiking Trail, Balanced (02315)LIN FT 680 8.00$ 5,440.00$ 7.00$ 4,760.00$ 3.00$ 2,040.00$ 16.00$ 10,880.00$ 25.00$ 17,000.00$ 6 Clear (02102) and Grade Natural Hiking Trail, Flat (02315)LIN FT 1,590 6.00$ 9,540.00$ 2.00$ 3,180.00$ 3.00$ 4,770.00$ 8.00$ 12,720.00$ 19.00$ 30,210.00$ 7 Remove Hazardous Oak Trees (~5) (02102)LUMP SUM 1 3,000.00$ 3,000.00$ 3,335.00$ 3,335.00$ 1,500.00$ 1,500.00$ 3,600.00$ 3,600.00$ 4,000.00$ 4,000.00$ 8 Install Log Check Dam (02924)EACH 71 150.00$ 10,650.00$ 640.00$ 45,440.00$ 150.00$ 10,650.00$ 425.00$ 30,175.00$ 350.00$ 24,850.00$ 9 Install Log Retainer (02924)LIN FT 155 40.00$ 6,200.00$ 45.00$ 6,975.00$ 15.00$ 2,325.00$ 15.00$ 2,325.00$ 35.00$ 5,425.00$ 10 Seeding (02955)ACRE 0.5 5,000.00$ 2,500.00$ 3,600.00$ 1,800.00$ 3,000.00$ 1,500.00$ 5,000.00$ 2,500.00$ 3,000.00$ 1,500.00$ 11 No-Mow Fescue Seed, 200 LB/AC (02955)POUND 100 2.00$ 200.00$ 6.00$ 600.00$ 3.00$ 300.00$ 20.00$ 2,000.00$ 5.00$ 500.00$ 12 8' wide, Non-Woven ECB Cat 3 Type Straw 2S (No Poly Netting) (01570)SQ YD 820 3.00$ 2,460.00$ 3.00$ 2,460.00$ 4.00$ 3,280.00$ 3.00$ 2,460.00$ 3.00$ 2,460.00$ TOTAL BID:52,390.00$ TOTAL BID:78,425.00$ TOTAL BID:31,835.00$ TOTAL BID:86,590.00$ TOTAL BID:105,345.00$ DEERWOOD DRIVE 1 Mobilization (including health and safety, utility clearances) (01505)LS 1 1,500.00$ 1,500.00$ 3,640.00$ 3,640.00$ -$ 7,500.00$ 7,500.00$ 1,500.00$ 1,500.00$ 2 Clear & Grub (02102)LS 1 1,500.00$ 1,500.00$ 2,900.00$ 2,900.00$ -$ 950.00$ 950.00$ 2,000.00$ 2,000.00$ 3 Grading, Common Excavation On-Site, approx. 15CY (02315)LS 1 1,500.00$ 1,500.00$ 3,785.00$ 3,785.00$ -$ 2,800.00$ 2,800.00$ 1,750.00$ 1,750.00$ 4 Seeding (02956)AC 0.1 5,000.00$ 500.00$ 3,000.00$ 300.00$ -$ 10,000.00$ 1,000.00$ 3,000.00$ 300.00$ 5 No-Mow Fescue Seed (02956)LB 5 2.00$ 10.00$ 10.00$ 50.00$ -$ 50.00$ 250.00$ 5.00$ 25.00$ 6 8’ wide, Non-Woven ECB Cat 3 Type Straw 2S (No Poly Netting) (01570)SY 110 3.00$ 330.00$ 3.00$ 330.00$ -$ 3.00$ 330.00$ 5.00$ 550.00$ 7 Construction Observation Platform* (02926)LS 1 8,000.00$ 8,000.00$ 39,775.00$ 39,775.00$ -$ 40,000.00$ 40,000.00$ 29,700.00$ 29,700.00$ TOTAL BID:13,340.00$ TOTAL BID:50,780.00$ TOTAL BID:-$ TOTAL BID:52,830.00$ TOTAL BID:35,825.00$ NORTHVIEW DRIVE 1 Mobilization (including health and safety, utility clearances) (01505)LS 1 1,500.00$ 1,500.00$ 1,900.00$ 1,900.00$ 2,000.00$ 2,000.00$ 4,000.00$ 4,000.00$ 850.00$ 850.00$ 2 Temporary Construction Entrance Maintained (01570)EA 1 2,500.00$ 2,500.00$ 950.00$ 950.00$ 2,500.00$ 2,500.00$ 850.00$ 850.00$ 2,500.00$ 2,500.00$ 3 Restore Access & Staging Area (02211)LS 1 5,000.00$ 5,000.00$ 2,300.00$ 2,300.00$ 1,000.00$ 1,000.00$ 2,800.00$ 2,800.00$ 3,000.00$ 3,000.00$ 4 Seeding (02956)AC 0.1 5,000.00$ 500.00$ 5,000.00$ 500.00$ 10,000.00$ 1,000.00$ 10,000.00$ 1,000.00$ 3,000.00$ 300.00$ 5 No-Mow Fescue Seed (02956)LB 10 2.00$ 20.00$ 10.00$ 100.00$ 3.00$ 30.00$ 50.00$ 500.00$ 5.00$ 50.00$ 6 8’ wide, Non-Woven ECB Cat 3 Type Straw 2S (No Poly Netting) (01570)SY 200 3.00$ 600.00$ 5.00$ 1,000.00$ 7.00$ 1,400.00$ 3.00$ 600.00$ 5.00$ 1,000.00$ 7 Grade Drainage Swale and Imported Topsoil (02315)LS 1 1,500.00$ 1,500.00$ 4,875.00$ 4,875.00$ 4,500.00$ 4,500.00$ 7,200.00$ 7,200.00$ 10,000.00$ 10,000.00$ 8 Import Topsoil (02315)CY 40 25.00$ 1,000.00$ 31.00$ 1,240.00$ 150.00$ 6,000.00$ 38.00$ 1,520.00$ 95.00$ 3,800.00$ TOTAL BID:12,620.00$ TOTAL BID:12,865.00$ TOTAL BID:18,430.00$ TOTAL BID:18,470.00$ TOTAL BID:21,500.00$ PATRICK EAGAN PARK SOUTH 1 Mobilization (including health and safety, utility clearances) (01505)LS 1 4,200.00$ 4,200.00$ 3,000.00$ 3,000.00$ 2,000.00$ 2,000.00$ 10,000.00$ 10,000.00$ 4,500.00$ 4,500.00$ 2 Temporary Construction Entrance Maintained (01570)EA 1 2,500.00$ 2,500.00$ 950.00$ 950.00$ 1,750.00$ 1,750.00$ 850.00$ 850.00$ 2,500.00$ 2,500.00$ 3 Restore Access & Staging Area (02211)LS 1 5,000.00$ 5,000.00$ 3,500.00$ 3,500.00$ 1,200.00$ 1,200.00$ 2,800.00$ 2,800.00$ 5,000.00$ 5,000.00$ 4 Clear, Grub, and Grade Natural Hiking Trail, Flat (02102, 02315)LF 1,630 6.00$ 9,780.00$ 3.00$ 4,890.00$ 4.00$ 6,520.00$ 6.00$ 9,780.00$ 19.00$ 30,970.00$ 5 Remove Hazardous Oak Trees (~4) (02102)LS 1 3,000.00$ 3,000.00$ 700.00$ 700.00$ 1,200.00$ 1,200.00$ 3,600.00$ 3,600.00$ 4,000.00$ 4,000.00$ 6 Install Log Check Dam (02924)EA 33 150.00$ 4,950.00$ 695.00$ 22,935.00$ 150.00$ 4,950.00$ 425.00$ 14,025.00$ 350.00$ 11,550.00$ 7 Seeding (02956)AC 0.4 5,000.00$ 2,000.00$ 3,050.00$ 1,220.00$ 5,000.00$ 2,000.00$ 9,000.00$ 3,600.00$ 3,000.00$ 1,200.00$ 8 No-Mow Fescue Seed (02956)LB 80 2.00$ 160.00$ 10.00$ 800.00$ 3.00$ 240.00$ 30.00$ 2,400.00$ 5.00$ 400.00$ 9 8’ wide, Non-Woven ECB Cat 3 Type Straw 2S (No Poly Netting) (01570)SY 1,500 3.00$ 4,500.00$ 3.00$ 4,500.00$ 3.50$ 5,250.00$ 3.00$ 4,500.00$ 3.00$ 4,500.00$ 10 Swale Grading, Common Excavation On-Site (02315)CY 160 20.00$ 3,200.00$ 34.00$ 5,440.00$ 25.00$ 4,000.00$ 23.00$ 3,680.00$ 15.00$ 2,400.00$ 11 15-Inch CMP (02630)LF 105 40.00$ 4,200.00$ 53.00$ 5,565.00$ 50.00$ 5,250.00$ 53.00$ 5,565.00$ 65.00$ 6,825.00$ 12 15-Inch Galvanized Flared End Section (02630)EA 2 150.00$ 300.00$ 560.00$ 1,120.00$ 500.00$ 1,000.00$ 500.00$ 1,000.00$ 300.00$ 600.00$ 13 Class 3 Rip Rap (Plunge Pool) (02370)TON 12 130.00$ 1,560.00$ 130.00$ 1,560.00$ 80.00$ 960.00$ 92.00$ 1,104.00$ 95.00$ 1,140.00$ 14 MnDOT Type V, Non-Woven Geotextile Fabric (02373)SY 110 5.00$ 550.00$ 3.00$ 330.00$ 5.00$ 550.00$ 3.00$ 330.00$ 5.00$ 550.00$ 15 Class 3 Rip Rap (Check Dams) (02370)TON 120 130.00$ 15,600.00$ 115.00$ 13,800.00$ 100.00$ 12,000.00$ 92.00$ 11,040.00$ 145.00$ 17,400.00$ 16 Class 1 Rip Rap (Wet Crossing) (02370)TON 25 110.00$ 2,750.00$ 55.00$ 1,375.00$ 90.00$ 2,250.00$ 92.00$ 2,300.00$ 95.00$ 2,375.00$ 17 Class 3 Rip Rap (Spillway) (02370)TON 60 130.00$ 7,800.00$ 115.00$ 6,900.00$ 90.00$ 5,400.00$ 92.00$ 5,520.00$ 95.00$ 5,700.00$ 18 Seeding (Drainage Swale) (02956)AC 0.1 5,000.00$ 500.00$ 3,000.00$ 300.00$ 10,000.00$ 1,000.00$ 10,000.00$ 1,000.00$ 3,000.00$ 300.00$ 8’ wide, Non-Woven ECB Cat 3 Type Straw 2S (No Poly Netting) (01570)SY 1,190 3.00$ 3,570.00$ 3.00$ 3,570.00$ 3.50$ 4,165.00$ 3.00$ 3,570.00$ 3.00$ 3,570.00$ TOTAL BID:76,120.00$ TOTAL BID:82,455.00$ TOTAL BID:61,685.00$ TOTAL BID:86,664.00$ TOTAL BID:105,480.00$ SUNRAM CONSTRUCTION, INC. CITY OF EAGAN 2019 TRAIL IMPROVEMENT BID TABULATION March 6, 2019 ENGINEER'S ESTIMATE BLACKSTONE CONTRACTORS, LLCG.F. JEDLICKI MINNESOTA NATIVE LANDSCAPES, INC V:\Technical\2538 City of Eagan\0032 2019 Trail Connection & Stab. Project\03 Design Work\RFQ Packages\_BIDS RECEIVED\City of Eagan 2019 Trail Improvement Bid Tab 2019-03-06 NO.ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE SUNRAM CONSTRUCTION, INC. CITY OF EAGAN 2019 TRAIL IMPROVEMENT BID TABULATION March 6, 2019 ENGINEER'S ESTIMATE BLACKSTONE CONTRACTORS, LLCG.F. JEDLICKI MINNESOTA NATIVE LANDSCAPES, INC RAHN PARK 1 Mobilization (including health and safety, utility clearances) (01505)LS 1 4,650.00$ 4,650.00$ 3,130.00$ 3,130.00$ 2,000.00$ 2,000.00$ 13,000.00$ 13,000.00$ 4,500.00$ 4,500.00$ 2 Temporary Construction Entrance Maintained (01570)EA 1 2,500.00$ 2,500.00$ 965.00$ 965.00$ 1,750.00$ 1,750.00$ 850.00$ 850.00$ 1,500.00$ 1,500.00$ 3 Restore Access & Staging Area (02211)LS 1 10,000.00$ 10,000.00$ 2,700.00$ 2,700.00$ 704.00$ 704.00$ 1,800.00$ 1,800.00$ 3,000.00$ 3,000.00$ 4 Clear, Grub, and Grade Natural Hiking Trail, Balanced (02102, 02315)LF 160 8.00$ 1,280.00$ 12.00$ 1,920.00$ 4.00$ 640.00$ 22.00$ 3,520.00$ 20.00$ 3,200.00$ 5 Clear, Grub, and Grade Natural Hiking Trail, Flat (02102, 02315)LF 2,250 6.00$ 13,500.00$ 2.00$ 4,500.00$ 4.00$ 9,000.00$ 8.00$ 18,000.00$ 13.00$ 29,250.00$ 6 Clear, Grub, and Regrade Natural Hiking Trail, Trench Section Restoration (02102, 0231 LF 380 10.00$ 3,800.00$ 4.00$ 1,520.00$ 4.00$ 1,520.00$ 19.00$ 7,220.00$ 20.00$ 7,600.00$ 7 Install Log Check Dam (02924)EA 79 150.00$ 11,850.00$ 685.00$ 54,115.00$ 150.00$ 11,850.00$ 425.00$ 33,575.00$ 275.00$ 21,725.00$ 8 Install Log Retainer (02924)LF 750 40.00$ 30,000.00$ 36.00$ 27,000.00$ 15.00$ 11,250.00$ 15.00$ 11,250.00$ 27.50$ 20,625.00$ 9 Seeding (02956)AC 0.6 5,000.00$ 3,000.00$ 3,120.00$ 1,872.00$ 5,000.00$ 3,000.00$ 5,000.00$ 3,000.00$ 3,000.00$ 1,800.00$ 10 No-Mow Fescue Seed (02956)LB 110 2.00$ 220.00$ 5.00$ 550.00$ 3.00$ 330.00$ 20.00$ 2,200.00$ 5.00$ 550.00$ 11 8’ wide, Non-Woven ECB Cat 3 Type Straw 2S (No Poly Netting) (02373)SY 480 3.00$ 1,440.00$ 3.00$ 1,440.00$ 4.00$ 1,920.00$ 3.00$ 1,440.00$ 5.00$ 2,400.00$ TOTAL BID:82,240.00$ TOTAL BID:99,712.00$ TOTAL BID:43,964.00$ TOTAL BID:95,855.00$ TOTAL BID:96,150.00$ THRESHER FIELD 1 Mobilization (including health and safety, utility clearances) (01505)LS 1 3,000.00$ 3,000.00$ 2,240.00$ 2,240.00$ 2,000.00$ 2,000.00$ 9,000.00$ 9,000.00$ 2,500.00$ 2,500.00$ 2 Temporary Construction Entrance Maintained (01570)EA 2 2,500.00$ 5,000.00$ 900.00$ 1,800.00$ 1,750.00$ 3,500.00$ 850.00$ 1,700.00$ 2,500.00$ 5,000.00$ 3 Restore Access & Staging Area (02211)LS 1 10,000.00$ 10,000.00$ 1,500.00$ 1,500.00$ 500.00$ 500.00$ 1,800.00$ 1,800.00$ 3,000.00$ 3,000.00$ 4 Clear, Grub, and Grade Natural Hiking Trail, Balanced (02102, 02315)LF 650 8.00$ 5,200.00$ 10.00$ 6,500.00$ 8.00$ 5,200.00$ 22.00$ 14,300.00$ 25.00$ 16,250.00$ 5 Furnish & Install 8”x8” Timber Check Dam (02924)EA 40 150.00$ 6,000.00$ 675.00$ 27,000.00$ 250.00$ 10,000.00$ 935.00$ 37,400.00$ 350.00$ 14,000.00$ 6 Furnish & Install 8”x8” Timber Retainer (02924)LF 300 40.00$ 12,000.00$ 48.00$ 14,400.00$ 25.00$ 7,500.00$ 50.00$ 15,000.00$ 35.00$ 10,500.00$ 7 Seeding (02956)AC 0.3 5,000.00$ 1,500.00$ 4,400.00$ 1,320.00$ 8,000.00$ 2,400.00$ 9,000.00$ 2,700.00$ 3,000.00$ 900.00$ 8 No-Mow Fescue Seed (02956)LB 40.0 2.00$ 80.00$ 5.00$ 200.00$ 3.00$ 120.00$ 30.00$ 1,200.00$ 5.00$ 200.00$ 9 8’ wide, Non-Woven ECB Cat 3 Type Straw 2S (No Poly Netting) (01570)SY 780.0 3.00$ 2,340.00$ 3.00$ 2,340.00$ 4.00$ 3,120.00$ 3.00$ 2,340.00$ 5.00$ 3,900.00$ 10 MnDOT Type V, Non-Woven Geotextile Fabric (02373)SY 125.0 125.00$ 15,625.00$ 3.00$ 375.00$ 5.00$ 625.00$ 3.00$ 375.00$ 5.00$ 625.00$ 11 Class 3 Rip Rap Spillway (02370)TON 85 5.00$ 425.00$ 135.00$ 11,475.00$ 100.00$ 8,500.00$ 92.00$ 7,820.00$ 95.00$ 8,075.00$ TOTAL BID:61,170.00$ TOTAL BID:69,150.00$ TOTAL BID:43,465.00$ TOTAL BID:93,635.00$ TOTAL BID:64,950.00$ Denotes math error in contractor quotes.TOTAL CONTRACTOR 297,880.00$ 393,387.00$ 199,379.00$ 434,044.00$ 429,250.00$ Denotes lowest bidder. Rob Schultz Minnesota Native Landscapes, Inc. 8470 77th St. NE Brooks Duesterhoeft Blackstone Contractos, LLC 9520 County Road 19, Suite D Loretto, MN 55357 G.F. Jedlicki 2471 Galpin Court #110 Chanhassen, MN 55317 Otesego, MN 55362 Ryan Sunram Sunram Construction, Inc. V:\Technical\2538 City of Eagan\0032 2019 Trail Connection & Stab. Project\03 Design Work\RFQ Packages\_BIDS RECEIVED\City of Eagan 2019 Trail Improvement Bid Tab 2019-03-06 Agenda Information Memo April 2, 2019, Eagan City Council Meeting CONSENT AGENDA H. Approve Extension of Conditional Use Permit and Variance – Dakota Electric Association Actions To Be Considered: To approve a one‐year extension of Conditional Use Permit and Variance approvals for the Lebanon Hills Substation located at 4627 Dodd Road. Required Vote For Approval: Majority of Councilmembers present Facts: The City Council approved the Conditional Use Permit and Variance on June 5, 2018. City ordinance allows one year to implement a Variance or Conditional Use Permit. The approvals will allow reconstruction of the Lebanon Hills Substation to upgrade it from 69 kV to 115 kV in conjunction with reconstruction of the Great River Energy transmission line to 115 kV from the substation to the Highline Trail Transmission Line. Because of the change in voltage, implementation of the substation improvements needs to be coordinated with the GRE transmission line upgrade. Construction is currently scheduled to begin in the fall of 2019, to be completed and operational in spring/summer 2020. If approved, the new expiration date of the Variance and Conditional Use Permit will be June 5, 2020. Issues: None Attachments: (2) CH‐1 Location Map CH‐2 Extension Request ATLANTIC HILL DRCOUGARDR D O D D R O A D O AKPONDR O A D MANORDRC.S .A .H. NO. 32HAWKSBURYCIR SHELERUD DR (SOUTH ROBERT TRAIL)WATERVIEWCOVE HAYLAKECT YORKTOWN PLACE LIVINGSTONDRCRIMSON LEAF CTOA K P OND CI RC.M.ST.P.&P.R.RSOOLINERAILROAD(CHICAGO,MILWAUKEE,ST.PAUL&PACIFICRAILROAD)7FAWN RID G E T RAI L ATLANTICHIL L DR MACL AREN PL REDPINELANE HACKMOREDRWGREENLEAFDRDORCHEST ERCT S.HAYLAK E ROADWHITETAILWAYT RENT ON T RAI LWESTON HILLS PL SUDBERRY LANE WILDERNESSRUNRD ROS E M A RYCTMICHIGAN CT MCFADDEN S TRAIL C.S.A.H.NO.32 (CLIFF ROAD)BRISTOLBLVDCRIMSO N LEAF TRAILAUGUSTALANE STRATFORDLANERO G ER S C TACORNSTVALLEYR I E NDEERLANES U D B ERRYLANEL E X IN G T O N POINTEPKW YLYNXCTNAUVOO LANE ALLAN LANE TOFT E LANECALVIN CT HAWTHO R NEWOODS DR E GR EENLEAFDREAST W OODCOURTGOLDENMEAD O W RDJEFFERSONLANE REDPIN ECTWHI TETAI L WAYC O R N W ALLSCTC.S.A.H.NO.32 (CLIFF ROAD) MIDDLE LANE R E D PINE LN HAWTHORNEWOODSDRIVEWESTCHESTERCIRDANIEL DRIVE E GREENLEAF DRD O D DROADREDPOLL CTC.S.A.H. NO. 32 HACKMORE DRIVE LASSO LN TRENTO N TRAILSUPERIORCTISABELLECTHACKMORE DR PARKKNOLLD R MANOR DRERIE CTTODD AVE MA J ESTICOA K S C T B R A D D O C K T R A ILP INECONETRLW ILDER N E S S R UN RD BENTTREELAN E STATETRUNKHWY.NO.3WESTON HILLS DRIVEDODD RDN.HAY LAKE R D MAJESTIC OAKS PLW GREENLEAF DROAKPON D RDSTIRRUP STSWEET STSUMMER CT SOO LINE RRSUMMER PL SYCAMORE CTTAMIE AVE RED PINE LN ALICIA DRIVEGOLDEN MEADOW CTP I NECONECIRN GREENLEAF DR STATETRUNKHIGHWAYNO.3HACKMORE DR IVE HURON CTDODD ROADHACKMORE CT O V ERHILL ROAD S U N S E T DR WESTONHILLSDRNORTHHAYLAKER O A D C.S.A.H. NO. 32 SUMMER LN WESTONHILLSDRIVEMCFADDENSTRA I L TAMIEAVEWESTONH I LLS CTDARTMOUTHCTKIRSTEN CTROSA CT WOODLAND WAY SG REEN L E A F DR H A M IL T ONDRL YNXCTCA R IB OULNHidden CornerPark HistoricHolzFarm Park Lakeside Park SouthOaks Park Trapp FarmPark OakPond HillsPark Park Lebanon HillsRegional Park HolzFarmPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Lebanon Hills SubstationRequests: Comprehenstive Guide Plan Amendment; Rezoning; Conditional Use Permit; and Final PlatCase Nos.: 36-CG-01-01-18 36-RZ-01-01-18 36-CU-16-11-17 36-FP-01-01-18 Subject Site 1 Pam Dudziak From:Knudsen, Craig <CKnudsen@dakotaelectric.com> Sent:Tuesday, March 19, 2019 10:04 AM To:Pam Dudziak Subject:Lebanon Hill Substation Variance and CUP-One Year Extension Follow Up Flag:Follow up Flag Status:Flagged Good morning Pam, As you are aware Dakota Electric Association (DEA) received approvals on June 5, 2018 for a Setback Variance, Conditional Use Permit, Comprehensive Guide Plan Amendment, Rezoning and Final Plat approval of the Lebanon Hills Substation located at 4627 Dodd Road. This substation reconstruction is being done in conjunction with the reconstruction of the Great River Energy (GRE) transmission line from the Lebanon Hills Substation to the Highline Trail Transmission Line. Both pieces of the project need to be done at the same time due to the change in voltage from the existing 69kV to the proposed 115kV. GRE is currently acquiring the final approvals from Dakota County Parks and the Metropolitan Council. It is anticipated that final approvals would be granted by May 2019 which will allow for the project to continue. It is the intent to take both the transmission system and substation out of service beginning in September 2019 for the reconstruction and to have both facilities back in service in the spring of 2020. The transmission line and the substation will be reconstructed during this period. As a result, DEA is requesting a one‐year extension to June 5th 2020 for completion as allowed for in the original approvals. This extension will provide for the time necessary to acquire the final approvals for GRE and the reconstruction of both facilities. Additionally, the original landscape completion was scheduled for October 15, 2019. This landscaping is subject to completion of the substation construction and we would also ask that the landscape deadline be extended by one year to October 15, 2020 to reflect the proposed extension. Please feel free to contact me at (651) 463‐6332 if you have any questions or would like to discuss these extensions further. Thank you, Craig E. Knudsen Land Use Manager Dakota Electric Association Phone (651) 463‐6332 cknudsen@dakotaelectric.com Agenda Information Memo April 2, 2019, Eagan City Council Meeting CONSENT AGENDA I. APPROVE First Amendment to the Purchase Agreement with Advanced Oral Surgery LLC for the sale of Lot 1, Block 1, Yankee Plaza 2nd Addition Action To Be Considered: To approve a First Amendment to the Purchase Agreement with Advanced Oral Surgery LLC for the sale of Lot 1, Block 1, Yankee Plaza 2nd Addition. Facts: On January 2, 2019, the City Council approved a Purchase Agreement with Advanced Oral Surgery LLC for the sale of surplus right-of-way located at the intersection of Duckwood Drive and Federal Drive with a legal description of Lot 1, Block 1, Yankee Plaza 2nd Addition. The Purchase Agreement required the Buyer to close on the purchase of the property on or before April 2, 2019. The Buyer has applied for a variance to City Code for the proposed development of a medical office building and has requested an extension of the closing date until May 15, 2019 to allow time for City Council consideration of the variance request. All other terms of the Purchase Agreement remain as originally agreed upon. Issues: None Attachments: (3) CI-1 Location Map CI-2 First Amendment to the Purchase Agreement CI-3 Purchase Agreement ASHBURYROADTOWNCENTREDRIVEFEDERALDRIVEDREXEL CTB L A C K H A WKRDGCIRB O A R D W A L K BLACKHAWK RIDGE WAYB LACKHAW KBLACKHAWK LAKE CTC.S.A.H.NO.31(PILOTKNOBROAD)CRESTRIDGE DRDRESDEN CTASHBURYCTBLACKHAWKPTLEMIEUX CIR LAKEVI E WCURVEST.CHARLESPLACECRESTRIDGE LANE ASHBURYPLACEBLACKHAWKLAKEDRKRESTWOOD LNDREXEL CTSURREYHEI GHTSD R IV E BLACKHAWKLAKEDRVIOLET LANE PARK P L HUNT DRIVE FEDERALDRIVEDUCKWOOD DR ENGLERT RD L AKEVIEW TR AIL BLACKHAWKR IDGEPL DRESDEN WAYCOACH M A NROADPACIFICAVE FEDERAL DRIVEBOARDWALKCOUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)FEDERAL DRIVEBRAUN CT LAKEDRCOACH M A NROADBLACKHAW K LAKE PLBLACKH A W K R ID G E C T W A S HINGTONDRIVECOUNTY ROAD NO. 28 (YANKEE DOODLE ROAD) 81ST ST W CENTURY POINT B L ACKHAW K HILLS RD CRESTRIDG E C T COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)LAKEVIEWCURVEASHBURYPLBALTICAVE Blackhawk Park FishLake Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Yankee Plaza 2nd AddnRequest: Purchase AgreementCase No.: Subject Site FIRST AMENDMENT TO PURCHASE AGREEMENT This First Amendment to Purchase Agreement ("Amendment") is made and entered into this day of , 2019 by and between the City of Eagan, a Minnesota municipal corporation ("Seller") and Advanced Oral Surgery LLC, a Nebraska limited liability company ("Buyer"). Seller and Buyer are collectively referred to as the ("Parties"). WHEREAS, the Parties entered into a Purchase Agreement dated January 2, 2019 (the "Agreement"). WHEREAS, under the Agreement the Buyer agreed to purchase Property legally described as: Lot 1, Block 1, Yankee Plaza 2nd Addition (the "Property"); WHEREAS, under the terms of the Agreement, the Buyer was to close on the purchase of the Property on or before April 2, 2019; WHEREAS, Buyer is in need of a variance to city code for the proposed improvements to the Property and it has requested that the closing date be extended. WHEREAS, the Seller is willing to extend the closing date all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Closing Date. The closing date is hereby extended to May 15, 2019. The Buyer agrees to close on the purchase of the Property on or before May 15, 2019. 2. Amendment. No other Amendments, except as hereinafter amended above, all of the terms of the Agreement remain in full force and effect. Dated: Dated: SELLER: City of Eagan, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk Dated: -,3L2j.QI1-q I I BUYER: Advanced Oral Surgery, LLC, a Nebraska limited liability company N PURCHASE AGREEMENT This Purchase Agreement (“Agreement”) is made and entered into as of this 2nd day of January, 2019, by and between the City of Eagan, a Minnesota municipal corporation (“Seller”) and Advanced Oral Surgery LLC, a Nebraska limited liability company or its assigns (“Buyer”). For purposes of this Agreement, the term “Effective Date” shall mean the date that Seller executes this Agreement. In consideration of the covenants and agreements contained herein, the parties agree as follows: 1. Property. Subject to compliance with the terms and conditions of this Agreement, Seller shall sell to Buyer and Buyer shall purchase from Seller property legally described as Lot 1, Block 1, Yankee Plaza 2nd Addition. 2. Purchase Price; Payment. A. Purchase Price. The purchase price for the Property shall be Two Hundred Fifteen Thousand and no/100 Dollars ($215,000.00) (“Purchase Price”) and shall be payable (subject to prorations, reductions and credits as provided below) by wire transfer, certified or cashier’s check at the Closing. The sum of Ten Thousand and no/100 Dollars ($10,000.00) as earnest money shall be deposited with the Escrow Agent within five (5) days of the Effective Date. 3. Title to be Delivered; Commitment; Survey; Environmental Reporting; Title Objections. A. Title to be Delivered. At Closing, Seller agrees to convey fee simple title in the Property subject to the Permitted Exceptions defined herein. B. Commitment. The Seller shall, within thirty (30) days after full execution of this agreement, cause to be issued and delivered at Seller’s expense to Buyer a commitment (“Commitment”) covering the Property issued by Dakota County Abstract (the “Escrow Agent”) wherein Escrow Agent agrees to issue to Buyer an Owner’s Title Insurance Policy insuring title subject only to the Permitted Exceptions, in the full amount of the Purchase Price, with extended coverage and free of standard exceptions. The Commitment shall have an effective date after the date of this Agreement. C. Title Objections. Buyer shall have ten (10) days from the later of the date it receives the Commitment or any update or supplement to the Commitment to determine whether title to the Property is marketable and to give Seller written objections to the marketability of the Property’s title based on matters disclosed in the Commitment, or any update or supplement thereto. Any exception disclosed in the Commitment (or any Exhibit “A” REPURCHASE AGREEMENT This Agreement is made and entered into effective as of the ____ day of _______, 20__, by and between the City of Eagan, a Minnesota municipal corporation (the “Seller”) and Advanced Oral Surgery LLC, a Nebraska limited liability company (the “Buyer”). WHEREAS, the Seller and Buyer have entered into a Purchase Agreement dated January 2, 2019 (the “Contract”) relating to the sale and purchase of a certain tract or parcel of land situated in Dakota County, Minnesota, described as follows: Lot 1, Block 1, Yankee Plaza 2nd Addition (the “Property”); and WHEREAS, contemporaneously herewith the Seller has conveyed to Buyer the Property. NOW, THEREFORE, in further consideration of this conveyance and in furtherance of the understanding between the parties, Buyer hereby grants to the Seller the following option to repurchase the Property; Section 1. REPURCHASE: If Buyer has not commenced construction of an approximately 5,000 square foot medical office building constructed primarily with a brick veneer facade within nine (9) months of the date of closing (the “Construction Commencement Deadline”), then the Seller shall have the option of repurchasing the Property for a purchase price of Two Hundred Fifteen Thousand and no/100 Dollars ($215,000.00) less the amount of any liens on the Property resulting from action by the Buyer unless the Construction Commencement Deadline is extended by mutual agreement of the parties. “Commenced Construction” shall mean the installation of footings and foundation for the construction of a medical office building. The Seller may exercise this option to repurchase by giving written notice to Buyer within thirty (30) days after the Construction Commencement Deadline. Upon receiving the repurchase price in cash from the Seller (which amount must be paid within thirty (30) days after the notice of option exercise is given), Buyer shall convey to the Seller by limited warranty deed the Property free and clear of any liens and encumbrances placed or suffered thereon by Buyer, which liens and encumbrances shall be paid off by Buyer on or before closing. Section 2. RELEASE: If written notice of option exercise is not timely given to Buyer or if Buyer has Commenced Construction within the required period, this option to repurchase shall terminate absolutely and the Seller shall upon Buyer’s request, execute and deliver to Buyer a release of this repurchase right in recordable form. Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA J. Contract 18-05, Central Maintenance Facility Phase II Improvements Action To Be Considered: Approve Change Order No. 4 for Contract 18-05 (Central Maintenance Facility - Phase II Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 18-05 provides for the following improvements on the CMF site. o Construction of tempered vehicle storage building. o Renovation of office, staffing, kitchen and lunchroom areas. o Construction of automated vehicle wash facility. ➢ On March 20, 2018, the contract was awarded to Ebert Construction for the base bid and alternate bid #1 in the amount of $3,162,300.00. ➢ Change Order No. 4 provides for final resolution of numerous miscellaneous items on the Central Maintenance Facility site to complete the contract work, primarily the water piping connection to the vehicle wash facility (ADD $34,325.50). ➢ The change order provides for a cost addition of $34,325.50 (1.1% of original contract). The total additional cost of the revisions under the change order will be paid by contingency funds for the Central Maintenance Facility – Phase II Improvements. ➢ The change order has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments (2) CJ-1 Change Order No. 4 CJ-2 Architect Recommendation 11 .- ':� XDocument G701TM -2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 2018 Central Maintenance Facility Contract For. General Construction Change Order Number: 004 Improvements 3501 Coachman Road Date: March 21, 2018 Date: December 11, 2018 Eagan, MN 55122-1452 OWNER: {Name and address) ARCHITECT: (Name and address) CONTRACTOR: (.Name and address) City of Eagan CNH Architects, Inc. Ebert Construction. Inc. 3830 Pilot Knob Road 7300 West 147th Street, Suite 504 23350 County Road 10 Eagan, MN 55122 Apple Valley, MN 55124 Corcoran, MN 55357 THE CONTRACT IS CHANGED AS FOLLOWV: (Insert a detailed description of the change and, ifapplicable, attach or reference spect is exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) PR#17, RFI452 Compressor dryer power outlet. $797,50 GC#14 Trench drain saw cutting. $962,50 GC# 15 Heated storage building soil corrections. $3,690.50 GC# 17 VFD wiring. $$25,00 GC#05R Car wash plumbing - revised amount. $28,050.00 Total: $34,325.50 The original Contract Sum was $ _ 3,162,300.00 The net change by previously authorized Change Orders $ 48,854.99 The Contract Sum prior to this Change Order was $ 3,211,154.99 The Contract Sum will be increased by this Change Order in the amount of $ 34,325.50 The new Contract Sum including this Change Order will be $ 3,245,480.49 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion wiI I be November 15, 2018 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive unti I the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. CNH Architects, Inc. ARC 12CT (Fir n me) i SRM iURE Quinn Hutson, Principal PRINT NAM AND TITLE - -- 1$ DATE Ebert Construction, Inc. CONT R r name) SIONATIM PRINTED NAME ANYTITLE IZ-/f/ZfcT DATE City of Eagan OWNER (Firm name) SIGNATURE PRINTED NAME AND TITLE DATE AIA Document G701 TO —2017. Copyright01979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects -All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA° !Document, or any portion of k, may result In severe civil and criminal penaltdes, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:05 ET on 1 211 11201 8 under Order No. 2274852427 which expires on 03!0612019, and Is not for resale. User Notes: (389ADA4C) P:\PROJECTS\2017\17068\5 - CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER #01 RECOMMENDATION TO COUNCIL.DOCX 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 MEMORANDUM: PROJECT: Eagan Central Maintenance Facility –Upgrades CNH NO: 17068 DATE: March 20, 2019 TO: City of Eagan – Mayor and City Council SUBJECT: Change Order #04 Review The following is a summary of the items being submitted as Change Order #04 for the Eagan Central Maintenance Facility Upgrade project. Background: The construction on the Central Maintenance Facility Upgrade has been completed and each building is being used by city staff. During the past several months while the project was wrapping up several items have come up to improve the facility or address items not included in the contractor’s bids. These items are summarized below. Description of Changes: The changes that are incorporated in the attached Change Order #03 are the following: A. Minor miscellaneous adds and deducts: As is typical during the construction process there are a handful of minor adds and deducts to address items that were determined to best fit the needs of the public works operations within the building. B. Vehicle wash piping: This add is for piping work between the different parts of the vehicle wash such as pumps, spray heads, drains and other equipment. This piping was assumed by the contractor to have been provided by the vehicle wash vendor but was not in their bid. After significant review and negotiation, this reduced piping cost was determined to be a justified add to the project. P:\PROJECTS\2017\17068\5 - CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER #01 RECOMMENDATION TO COUNCIL.DOCX Pricing: The following are the pricing for each group of Proposal Request items listed above and included in this Change Order. All prices have been reviewed by CNH Architects and our consultant team and have been determined to be within appropriate unit costs for the work proposed. A. Minor Miscellaneous Adds and Deducts Add $6,275.50 B. Vehicle Wash Piping Add $28,050.00 Total Add $34,325.50 New Contract Total $3,245,480.49 Original Contingency $170,695.00 Unused Contingency Balance $87,514.51 Conclusion: The items in the Change Order represent recommended upgrades to best serve the city and staff using this facility. As noted above CNH Architects, our team, and staff have reviewed the pricing shown above and are comfortable as being appropriate for the work involved. CNH Architects recommends approval of this Change Order as in the best interest of staff operations and long-term City value. Respectfully Submitted, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA K. Contract 18-05, Central Maintenance Facility Phase II Improvements Action To Be Considered: Approve the final payment for Contract 18-05 (Central Maintenance Facility - Phase II Improvements) in the amount of $194,883.31 to Ebert Construction and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 18-05 provided for the following improvements on the CMF site: o Construction of tempered vehicle storage building. o Renovation of office, staffing, kitchen and lunchroom areas. o Construction of automated vehicle wash facility. ➢ On March 20, 2018 the City Council awarded the contract to Ebert Construction, for the base bid , plus Alternate Bid #1 in the amount of $3,162,300.00. ➢ With the approval of the final payment, the total amount paid ($3,245,480.49) is 2.6% more than the awarded contract due to the approved change orders. ➢ These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (1) CK-1 Payment Summary Central Maintenance Facility – Phase II Improvements City Contract 18-05 City Project 1278 Original Contract Amount $ 3,162,300.00 Contract Additions (CO 1-4) $ 83,180.49 Revised Contract Amount $ 3,245,480.49 Value Completed to Date $ 3,245,480.49 Amount Previously Paid $ 3,050,597.18 Final Payment $ 194,883.31 Amount more than Awarded Contract $ 83,180.49 Percent more than Awarded Contract 2.6%* * Explain if greater than 5% Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA L. Contract 19-01, 2019 Street Revitalization Action To Be Considered: Receive the bids for Contract 19-01 (2019 Street Revitalization) and award a contract to McNamara Contracting, Inc. for the base bid in the amount of $1,918,793.73, and the alternate bid in the amount of $30,476.75, for a total bid of $1,949,270.48 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 19-01 provides for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Lone Oak Circle - Project No. 1307 o Poppler Lane - Project No. 1308 o Country Home Heights - Project No. 1309 o Ridgeview Acres / Jon Croft Acres - Project No. 1312 o Old Sibley Highway - Project No. 1313 o Meadowlands 1st Addition – Project No. 1314 o Woodgate 3rd / Tiberon / Mallard Park 3rd Additions - Project No. 1315 o Pinetree Pass 2nd, 4th & 6th – Project No. 1316 o Gardenwood Ponds 4th Addition – Project No. 1317 o Oak Pond Hills 1st & 2nd Additions – Project No. 1318 o Majestic Oaks 1st – 3rd Additions – Project No. 1319 o Southern Lakes West – Project No. 1320 o Beverly Drive – Project 1349 ➢ The construction activity for said improvements has been designed to occur within existing public right-of-way, public property or easements. ➢ At the public hearing for Project 1316 (Pinetree Pass 2nd, 4th & 6th), the City Council directed City staff to include an alternate bid for storm sewer improvements near 1492 Pinetree Pass. An add alternate bid for this construction was included in the bid of Contract 19-01. ➢ On February 19, 2019, the Council approved the plans and specifications for Contract 19-01 and authorized the solicitation of competitive bids, including the alternate bid. ➢ On March 28, 2019, three bid proposals were received (see attached summary). The low bid, $1,949,270.48, was 2.4% below the Engineer’s estimate of $1,997,300. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. ➢ Therefore, the low bid of $1,949,270.48 from McNamara Contracting, Inc., including the Project 1316 alternate bid, is found to be in order for favorable Council action. Attachments (1) CL-1 Bid Summary BID SUMMARY 2019 STREET REVITALIZATION CITY CONTRACT No. 19-01 LONE OAK CIRCLE PROJECT NO 1307 Street Overlay POPPLER LANE PROJECT NO 1308 Street Overlay COUNTRY HOME HEIGHTS PROJECT NO 1309 Street Overlay RIDGEVIEW ACRES/ JON CROFT ACRES PROJECT NO. 1312 Street Overlay OLD SIBLEY HIGHWAY PROJECT NO 1313 Street Overlay MEADOWLAND 1ST ADDITION PROJECT NO 1314 Street Overlay WOODGATE 3RD/ TIBERON/ MALLARD PARK 3RD ADDITIONS PROJECT NO 1315 Street Overlay PINETREE PASS 2ND & 4TH ADDITIONS PROJECT NO 1316 Street Overlay GARDENWOOD PONDS 4TH ADDITION PROJECT NO 1317 Street Overlay OAK POND HILLS 1ST & 2ND ADDITIONS PROJECT NO 1318 Street Overlay MAJESTIC OAKS 1ST-3RD ADDITIONS PROJECT NO 1319 Street Overlay SOUTHERN LAKES WEST PROJECT NO 1320 Street Overlay BEVERLY DRIVE PROJECT NO 1349 Street & Utility Repairs/ Reconstruction 4823 SHEVLIN COURT Driveway Repairs PINETREE PASS – Storm Sewer Installation Included w/ PROJECT NO 1316 ***BID ALTERNATE*** Bid Date/ Time: 10:30 a.m., Thursday, March 28, 2019 Contractors Base Bid Alternate Total Bid 1. McNamara Contracting, Inc. $1,918,793.73 $30,476.75 $1,949,270.48 2. Bituminous Roadways, Inc. $2,221,209.10 $37,368.25 $2,258,577.35 3. Northwest Asphalt, Inc. $2,276,256.71 $28,315.80 $2,304,572.51 Project Low Base Bid Feasibility Report (FR) Estimate % Over/Under FR Estimate Engineer’s Estimate % Over/Under Eng Estimate 1307 $122,190.40 $130,515 -6.4% $124,140 -1.6% 1308 $30,337.46 $39,580 -23.4% $29,967 +1.2% 1309 $267,950.05 $267,710 +0.1% $267,540 +0.2% 1312 $232,464.90 $249,180 -6.7% $239,981 -25.8% 1313 $85,029.10 $88,800 -4.2% $85,900 -1.0% 1314 $272,288.60 $286,440 -4.9% $284,579 -4.3% 1315 $198,190.30 $214,210 -7.5% $205,298 -3.4% 1316 $372,539.40 $378,650 -1.6% $383,730 -2.9% 1317 $81,233.80 $88,650 - 8.4% $81,481 - 0.3% 1318 $56,630.42 $62,200 -8.9% $57,190 -1.0% 1319 $58,775.10 $67,870 -13.4% $58,938 -0.3% 1320 $43,251.30 $52,880 -18.2% $43,448 -0.5% 1349 $95,479.90 N/A N/A $112,128 -14.8% 1316 -Alternate $30,476.75 $40,000 -28.3% $22,980 +24.6% Totals $1,949,270.48 $1,966,685 -0.9% $1,997,300 -2.4% Agenda Information Memo April 2, 2019 City Council Meeting CONSENT AGENDA M. Contract 19-17, Murphy Parkway Sanitary Lift Station Rehabilitation Action To Be Considered: Approve the plans and specifications for Contract 19-17 (Murphy Parkway Sanitary Lift Station Rehabilitation) and authorize the advertisement for a bid opening to be held on 11:00 a.m. CDT on Thursday, April 25, 2019, at 3419 Coachman Point, Eagan, MN. Facts: ➢ The City’s Public Works Department (Utilities Division) operates 37 sewer l ift stations to pump sewage and storm water from various areas of the public sewer systems. The estimated asset life of a sewer lift station, with normal maintenance or repairs, is 40 years. ➢ The Murphy Parkway Sanitary Sewer Lift Station, located at 1599 Murphy Parkway, was constructed in 1989. The lift station is in relatively poor condition with worn infrastructure, has significant operational issues, and does not comply with Public Works standard infrastructure guidelines. ➢ On June 5, 2018, the City Council authorized the replacement of the existing sanitary sewer lift station with the approval of the Sanitary Sewer Operations and Facilities portion of the 2019-2023 Capital Improvement Plan (CIP), as well as the 2019 operating budget (in December 2018). ➢ All of the construction activity for said improvements has been designed to occur within existing City property, public right-of-way or easements. ➢ The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. Copies of the plans and specifications will be available at the Utilities Administration building located at 3419 Coachman Point. ➢ Upon approval, an advertisement will be published in the legal newspaper and upon electronic bidding sites informing contractors of the opportunity to bid. Attachments (1) CM-1 Location Map BLOOMINGTONBURNSVILLEMENDOTA HEIGHTS APPLE VALLEY ROSEMOUNT INVERGROVEHEIGHTS§¨¦494 §¨¦35E §¨¦35E §¨¦35E $+32 $+32 !(43 !(43 !(28 !(28 $+26 $+26 $+31 $+31 $+31 !(30 !(30 !(30 ÕÇ13 ÕÇ13 ÕÇ55 ÕÇ55 ÕÇ149 ÕÇ149 ÕÇ149 ÕÇ3 ÕÇ3 ÕÇ77 CLIFF RD DIFFL EY R D YAN KEE DOO DLE RD H WY 1 4 9 LEXINGTON AVEPILOT KNOB RDHWY 77HWY 13I - 35EHWY 55 I - 494 PILOT KNOB RDCLIFF RD LONE OAK RD !HMurphy PkwyLift Statio n Map Date: 3/25/2019Prepared by: City of Eagan Department of Public Works Murphy Pkwy Sanitary Lift StationProject #1345Contract 19-17 0 0.5 10.25 Miles ± Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA N. Dakota County Aquatic Invasive Species Grant Action To Be Considered: Approve an Aquatic Invasive Species Grant Agreement with Dakota County to control one aquatic invasive species (AIS) in Holz and Hay lakes for a second year and another AIS in several other locations and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Dakota County has grant funds available to local government units and organizations to implement projects that help to prevent the spread of aquatic invasive species (AIS). ➢ On October 3, 2017, the City Council authorized an application be submitted for a $7,200 grant to control Flowering Rush (Butomus ubellatus) in Holz Lake and to conduct AIS prevention activities and related public education and outreach in southeast Eagan. On November 21, 2017, the City Council approved a grant agreement with Dakota County. ➢ Flowering Rush is known to exist in only three sites in Dakota County, two of which are Holz and Hay lakes, which are predominant natural resources at Holz Farm and South Oaks parks, respectively, in southeast Eagan. Holz Lake drains water to Hay Lake, which drains to Schwanz Lake (Trapp Farm Park) through the storm sewer system. ➢ The Water Resources Division recently filed the final report for the 2018 project that indicates Flowering Rush plants were controlled at Holz and Hay lakes. A survey of Schwanz Lake found no evidence of this AIS. The final report indicates the need for continued inspection and control efforts into the future. ➢ Another AIS, Purple Loosestrife (Lythrum salicaria), is found throughout Eagan and crowds out native plants. The Water Resources Division for many years has conducted several strategies to control Purple Loosestrife with satisfactory results in many places. However, our control efforts have been unsatisfactory in certain sites with very dense populations or difficult access. ➢ The agreement provides for a contractor to control Flowering Rush in Holz and Hay Lakes for a second year and to control some of the challenging Purple Loosestrife infestations in Eagan. ➢ The Agreement was prepared by Dakota County and has been reviewed by the City Attorney’s office and Public Works staff and found to be in order for favorable Council action. Attachments (2) CN-1 2018 Project Final Report CN-2 Dakota County 2019 AIS Grant Agreement • • • • Dakota County Contract C0031305 AQUATIC INVASIVE SPECIES AID GRANT AGREEMENT This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and the City of Eagan (City). Recitals WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement; WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive Species Prevention Aid; WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs to manage and prevent the growth of aquatic invasive species with local units of government, soil and water conservation districts, watershed districts, or lake associations, in the county; WHEREAS, and the City of Eagan has proposed Flowering Rush Removal on Holz and Hay Lakes; and Purple Loosestrife Removal on Ponds LP-54 and BP-12 (Services). WHEREAS, the City agrees to perform all Services described in this Agreement to the satisfaction of the County; NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the City agree as follows: AGREEMENT 1. Parties: The parties to this Agreement are the County and City, collectively referred to as the “parties”. 2. Effective Date and Term: Notwithstanding the dates of signatures of the parties to this Agreement, the effective date of this Agreement is from April 1, 2019 through December 31, 2019, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. 3. Purpose. The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to the City for Aquatic Invasive Species prevention activities. 4. City Obligations A. City shall provide the following services (Services): Flowering Rush Removal on Holz and Hay Lakes; Purple Loosestrife Removal on Ponds LP-54 and BP-12 and more specifically in accordance with Dakota County’s Aquatic Invasive Species Plan and Dakota County’s Aquatic Species Grant Program, attached hereto and incorporated by reference herein as Exhibits A and B, and the City’s Proposal, attached hereto and incorporated by reference herein as Exhibit C. If there are any inconsistencies between this Agreement and Exhibits A or B, the priority of documents shall be as follows: 1) this Agreement; 2) the County’s Aquatic Invasive Species Plan (Exhibit A); 3) the County’s Aquatic Invasive Species Grant Program (Exhibit B); 4) the City’s Proposal (Exhibit C). Dakota County Contract C0031305 B. Publicity: The City shall acknowledge funding or services provided by the County in any promotional materials, signage, reports, publications, notices, or presentations related to activities conducted under this Agreement. This section shall survive the expiration or termination of this Agreement. 5. Reimbursement to the County The City will claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement. No reimbursements will be made for any expenditures incurred prior to the effective date of this Agreement. The County will reimburse the City within 45 calendar days of the City’s submission of invoices to the County. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by December 15, 2019. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic Invasive Species Plan, attached hereto and incorporated by reference to this Agreement as Exhibit A, that the City has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. All requests for reimbursement shall be made to: Dakota County Environmental Resources Department Attn: Michael Behan 14955 Galaxie Avenue Apple Valley, MN 55124 Email: michael.behan@co.dakota.mn.us The City understands and agrees that payments by the County to the City under this Agreement are dependent upon payments to the County from the State, through the Department of Revenue. The Parties agree that payment to the County from the State is a condition precedent of this Agreement and if payment from the State is not obtained, continued, or is decreased by any amount the County may reduce or terminate this Agreement by giving the City 30 days’ notice. If the Agreement is terminated due to lack of funding from the State, the City shall only be entitled to the actual cost of Services rendered up to the date of termination. If payment from the State to the County is decreased, the parties may negotiate a decrease in the amount of Services provided in the Agreement. The City agrees that the County’s decision not to terminate shall be sufficient consideration for any modification of the Agreement. Dakota County Contract C0031305 6. Authorized Representatives: The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only the authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. In addition, notification to the County or the City regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated liaison under this Agreement, without necessitating an amendment of this Agreement. 7. Indemnification and Insurance: Each party to this Agreement shall be liable for the acts or omissions of its officers, directors, employees or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of the other party, its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. In order to insure a unified defense against any third-party liability claims arising from work under this Agreement, the City agrees to require all contractors or subcontractors hired to do any work under this agreement to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the term of this Agreement. Each Party warrants that they are able to comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 8. Government Data Practices: All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy, including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it applies. The City agrees to abide by these statutes, rules and regulations and as the same may be amended from time to time. The County’s Authorized Representative is: Georg Fischer or successor, Director Environmental Resources Department 14955 Galaxie Avenue Apple Valley MN 55124 Telephone: 952-891-7554 Email: Georg.fischer@co.dakota.mn.us The Grantee’s Authorized Representative is: Eric Macbeth, Water Resources Manager City of Eagan 3501 Coachman Point Eagan, MN 55122 Telephone: 651.675.5330 Email: emacbeth@cityofeagan.com Dakota County Contract C0031305 9.Assignment, Amendments, Waiver and Complete Agreement. A.Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. 1.Use of Contractors. The City will engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (1)The contractor must maintain all records and provide all reporting as required by this Agreement. (2)The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (3)The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached an Incorporated as Exhibit D, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. (4)The contractor must be an independent contractor for the purposes of completing the contracted work. (5)The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (6)The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. B.Amendments. Any amendment to this Agreement must be in writing and executed by the County and the City. C.Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. D.Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and the City. No other understanding regarding this Agreement, whether written or oral may be used to bind either party. Dakota County Contract C0031305 10. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The City shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all of such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 13. Nondiscrimination. The City agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the City agrees not to discriminate against any employee, applicant for employment, or participant in this Agreement because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. 14. Compliance with the Law. The City agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The City is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 15. Default and Remedies. A. Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the City written notice of an event of default, the City shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the City is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take and the schedule required to cure the event of default. Dakota County Contract C0031305 C. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (1) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (2) The County may enforce any additional remedies it may have in law or equity. (3) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the City. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. For purposes of termination and default, all days are calendar days. 16. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least at the level relied on for the funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the County. 17. Ownership of Materials and Intellectual Property Rights. A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the materials conceived or created by the City, or its employees or sub-grantees, and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form (Materials) to the City. B. The City represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. Notwithstanding anything in this Agreement to the contrary, City shall indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Authority would otherwise possess. 18. Firearms Prohibited Unless specifically required by the terms of this Agreement, no provider of services pursuant to this Agreement, including but not limited to employees, agents or subcontractors of City shall carry or possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of this Agreement at the sole discretion of the County. Dakota County Contract C0031305 19.Compliance with DNR requirements 19.1 Prior to conducting authorized watercraft inspections at water accesses, City must be a local government unit and execute a Delegation Agreement with the Minnesota Department of Natural Resources (DNR). 19.2 City must obtain a permit from the DNR prior to conducting invasive aquatic plant management activities. 20. Severability. Every section, provision or part of this Agreement is declared severable from every other section, provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. 21.Survival of terms The following clauses survive the expiration or termination of this Agreement: 4.B. Publicity; 7. Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and Venue. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: _____________________________________ Georg T. Fischer, Director Environmental Resources Department Date of signature:__________________________ APPROVED AS TO FORM: /s/Helen R. Brosnahan 3/12/19 Assistant County Attorney Date County Attorney File No:KS-19-118-005 FOR THE CITY (We represent and warrant that we are authorized by law to execute this contract and legally bind the City.) By: _____________________________________ Mike Maguire Date Its: Mayor By: _____________________________________ Dakota County Resolution Number: 17-215 Christina M. Scipioni Date Its: Clerk Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA O. Private Project 16-G, Willow Ridge Final Acceptance Action To Be Considered: Acknowledge the completion and authorize perpetual City maintenance, subject to warranty provisions, of City Private Project 16-G (Willow Ridge). Facts: ➢ The Willow Ridge development required the installation of public streets, sanitary sewer, water main, and storm sewer, which was all performed privately by the developer under the terms and conditions of the development contract agreement or permit to work within right-of-way. The construction of said public improvements was completed as Private Project 16-G. ➢ The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance of perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo April 2, 2019, Eagan City Council Meeting CONSENT AGENDA P. Amend the 2018 and the 2019 General Fund budget for scanning services and compensation corrections Action To Be Considered: Amend the 2018 and 2019 General Fund Budget for the following services and compensation corrections: 2018 2019 Facts: For financial reporting purposes, it is required that the City Council amend department budgets with formal action. Scanning Services were approved in the 2018 budget and were incomplete at the end of the 2018, therefore, services will be expended in 2019. Unspent funds from 2018 becomes fund balance in 2018 and will be used to fund the 2019 budget amendment. The Administration budget will now accurately reflect the paid time off (PTO) allocation for the City Administrator with this 2019 budget amendment. The Executive Assistant/Deputy Clerk was reclassified from level 5 to level 6 at the February 5 meeting. The budget amendment accounts for the reclassification. Attachments: (0) ‐ None Item Description Amount Department Funding Source Scanning Services ‐ Expenditure (65,400) City Clerk Expenditure reduction Item Description Amount Department Funding Source Scanning Services ‐ Expenditure 65,400 City Clerk 2018 Fund balance City Administrator ‐ Vacation 12,900 Administration Contingency Executive Assistant ‐ Salary 2,400 Administration Contingency Total 80,700 Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA Q. Approve contract to enter into 25 year lease agreement with RenaSola for solar garden participation Action To Be Considered: Approve a contract to enter into a lease agreement with RenaSola for solar power credits that will be generated at their developed solar Gardens in southwest Minnesota. The specific Xcel accounts that will be included on this action are limited to Central Park, and Market Fest Grounds property. Facts: Solar gardens are a means for organizations to lease credits of solar energy and have them applied to their Xcel energy accounts to offset their electrical utilization. A current incentivized program provides for the best financial cost for this program and shows over the 25 years a significant savings as the subscription rate remains the same throughout the entire lease, while it is anticipated electrical costs will continue to rise annually. RenaSola is a company that builds community solar gardens and then leases the solar energy to local governments. Subscription details were shared with members of the Energy and Environment Advisory Commission and only positive comments were received on the City’s potential subscription. This subscription is focused on providing alternative energy credits specifically to the Xcel energy accounts located at Central Park, Market Fest Grounds property. The amount of credits purchased is coordinated at 120% of the energy utilization of the property to allow for the ups and downs of energy use at a public facility. The City of Eagan’s participation with this program will be split among three different gardens in South rural areas of the state (Northfield, Walcott and Warsaw), thus having three different contracts making up the entire lease. Attachments: (3) CQ-1 Subscription Agreement – Northfield Solar CQ-2 Subscription Agreement – Walcott Solar CQ-3 Subscription Agreement – Warsaw Solar © Copyright 2017 United States Solar Corporation Owner Tiered Rate Subscription Agreement This Subscription Agreement (this “Agreement”) is entered into by and between Walcott Solar, LLC (together with its successors and assignees, “Owner” or “we”) and the Subscriber described below (together with any permitted transferees, “Project Subscriber” or “you”) (each a “Party” and collectively the “Parties”) and is effective as of the date signed by the Parties (the “Effective Date”). Project Subscriber: Owner: Name and Address City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Name and Address Northfield Solar, LLC 7281 115th St E Northfield MN 55057 Phone (651) 675-5506 Phone 612-299-1488 E-mail apimental@cityofeagan.com E-mail Doran.hole@renesolapower.com Premises and Account Numbers See Exhibit C Community Solar Garden Allocation An amount expected to produce up to 1,082,500 kWh, equal to 50% of Project Subscriber's average annual electricity consumption (“AAEC”) (net of any other distributed generation resources serving a relevant Premises) over the prior twenty-four (24) months with respect to its eligible Account and Premises numbers, allocated to multiple projects. This Agreement sets forth the terms and conditions of your subscription to the Community Solar Garden(s) described in Exhibit B (individually and collectively, as context requires, a “Project”) and installed at the Community Solar Garden Site(s) described in Exhibit B (individually and collectively, as context requires, a “Project Site”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Standard Contract for Solar Rewards Community contract (“SRC Contract”). The exhibits listed below are incorporated by reference and made part of this Agreement. Exhibit A Definitions Exhibit B Project(s) and Project Site(s) Exhibit C Bill Credit Types, Customer Accounts, and Subscriber Rate Exhibit D Estimate of Subscribed Energy Exhibit E Subscription Agreement Rate Schedule Exhibit F Form of SRC Contract Exhibit G Form of Agency Agreement Exhibit H Project Subscriber Data 2 ARTICLE 1 SUBSCRIPTION 1.1 Subscribing to Project Capacity. You are subscribing to the Community Solar Garden Allocation (“CSG Allocation”) identified for each Project on the front page of this Agreement on the terms and conditions set forth herein. 1.2 Bill Credit Value. As more fully detailed in the SRC Contract, your CSG Allocation entitles you to receive a Bill Credit against your monthly retail electrical bill equal to the product of (i) the amount of your Subscribed Energy for each Production Month, and (ii) your applicable Bill Credit Rate. Bill Credits are the dollar amounts paid by NSP to you as a credit on your retail electric bill to compensate you for your beneficial share of the solar electricity produced by the Project and delivered to NSP from the Project. 1.3 Bill Credit Rate. Bill Credit Rates are found in the CSG Tariff. The Bill Credit Rates in effect as of the Effective Date are as follows: Your Bill Credit Rate will be updated annually (or otherwise as provided by order of the MPUC) during the Term only to reflect any updates in the applicable retail rate (labeled the “Standard” rate in the chart above) with respect to your customer class, as reflected in the CSG Tariff. The amount of the CSG “Enhanced” rate premium over the Standard rate reflects the value of the Project’s RECs sold and delivered by us to NSP. Per the CSG Tariff, the amount of CSG “Enhanced” rate premium over the Standard rate will not change over the Term. Please see Exhibit C for your account by account Bill Credit Type and Subscriber Rate. 1.4 Subscribed Energy. The estimated amount of Subscribed Energy produced by your CSG Allocation over the Term is set forth in Exhibit D. 1.5 Subscription Agreement Rate and Payments. (a) Your Subscription Agreement Rate for each Project for each Production Month shall be equal to the rate shown on Exhibit E. Please see Exhibit C for additional details about Bill Credit types, customer accounts, and Subscriber Rate. (b) The monthly payment amount you owe to Owner (each, a “Subscription Payments”) is equal to the product of (i) your Subscribed Energy produced in a given Production Month, and (ii) your Subscription Agreement Rate. 3 (c) Subscription Payments will be invoiced monthly, beginning the first month after the Date of Commercial Operation (“COD”) of each particular Project, and you agree to make the full monthly Subscription Payments within thirty-five (35) days of receiving our invoice. (d) Delinquent Payments. If Project Subscriber fails to pay any amount due Owner hereunder, in full, by the scheduled due date, Project Subscriber will be charged interest on the outstanding balance accruing at the rate of five percent (5%) per annum until the balance is paid in full. (e) Electronic Funds Transfer. At Owner’s request, and unless Project Subscriber does not have an account or other suitable arrangement, the Subscription Payment due to Owner under this Agreement shall be paid by check. Subject to applicable confidentiality and data security provisions with respect to Project Subscriber’s account information and other private data, Project Subscriber agrees to execute any documents necessary to authorize Owner to withdraw Subscription Payments from Project Subscriber’s designated account on a monthly basis either on an automated basis 20 days after the date of the invoice, or at an earlier date selected by Project Subscriber. If Owner fails to pay any amount due to Project Subscriber hereunder, in full, by the scheduled due date, Owner will be charged interest on the outstanding balance accruing at the rate of five percent (5%) per annum until the balance is paid in full. 1.6 No Additional Funds. The Subscription Payments s represent full payment by you for your CSG Allocation subscription, and we shall not have any right to compel you to advance or pay any additional funds for the construction or maintenance of the Project or your CSG Allocation. 1.7 Ownership Limitation. Project Subscriber is not purchasing, and Owner is not selling or transferring to Project Subscriber: (a) Any ownership or lien in any specific modules or tangible component of the Project; (b) Any ownership or membership interests or rights in Owner or any entity which owns or may subsequently own the Project (for each Project, a “Project Owner”) or any financial rights or distributions associated with such ownership; (c) Any right to any payment by NSP to Owner or the Project Owner with respect to Unsubscribed Energy; (d) Any right to manage, direct, control or operate the Project, Owner or Project Owner; or (e) Any RECs produced by the Project or any payment by NSP to Owner or Project Owner with respect to the RECs. 1.8 Term. The term of the Agreement (“Term”) shall begin on the Effective Date and shall end, with respect to each Project, twenty-five years after the COD of such Project unless otherwise provided for in this Agreement or to allow for any extension provided under the related SRC Contract. ARTICLE 2 STANDARD CONTRACT FOR SOLAR REWARDS COMMUNITY 2.1 SRC Contract. With respect to each Project, Owner or the applicable Project Owner will enter into the SRC Contract once offered by NSP. Please see Exhibit F for the form of SRC Contract. Among other things, the SRC Contract provides for the following: 4 (a) Owner acting as the Community Solar Garden Operator; (b) Sale and delivery to NSP of all electricity and RECs generated by the Project for a term of twenty five (25) years; (c) Allocation to Subscribers by NSP of Bill Credits in exchange for delivery by Owner, or the applicable Project Owner, of the electricity and RECs generated by the Project; and (d) Owner ensuring compliance with the Community Solar Garden Statutory Requirements (“Eligibility Requirements”), which include eligibility requirements relating to both the Project and Subscribers. 2.2 Subscriber Agency Agreement and Consent Form. Attached to the SRC Contract is a Subscriber Agency Agreement and Consent Form (“Agency Agreement”) that you will be required to sign. Please see Exhibit G for the form of Agency Agreement. Among other things, the Agency Agreement provides for the assignment of energy and RECs to NSP and provides information regarding the following: (a) Data access, control, and disclosure; (b) Contacting NSP about certain questions regarding your Bill Credits; and (c) Contacting Owner about questions regarding this Agreement, NSP’s data policies, and Project-related items. ARTICLE 3 ELIGIBILITY AND EXCESS BILL CREDIT PURCHASE 3.1 Eligibility Data. You acknowledge that the account data contained in Exhibit H is complete and accurate and that Owner may use the data for purposes of confirming your conformance with the applicable Eligibility Requirements. You agree to provide Owner and the applicable Project Owner with any additional information we request to determine, verify, or confirm your eligibility at any time during the Term. 3.2 Authorization to Access Data. You authorize Owner and the applicable Project Owner to use all eligibility data set forth in Exhibit H, as well as your electric bills for each Eligible Address for the most recent twenty-four (24) months, to assist Owner and the applicable Project Owner in confirming your eligibility. 3.3 Credit Information. Subject to the confidentiality and privacy provisions of Section 8.1, you agree to provide Owner with information reasonably necessary for Owner, the Project Owner, or its Financing Parties to confirm your creditworthiness. 3.4 Excess Bill Credit Purchase. As per the SRC Contract, any excess Bill Credits (i.e., Bill Credits in a billing period that exceed the amount you owe NSP for your regular retail service in that period) will be carried forward and credited against all charges for at least a twelve (12) month cycle. Under the SRC Contract, NSP will be required to purchase from you all such Bill Credits with the billing statement that includes the last day of February and restart the credit cycle the following period with a zero credit balance. ARTICLE 4 OWNER RESPONSIBILITIES 4.1 Design and Implementation. We agree to develop, design, finance and construct the Project(s), including, but not limited to, site acquisition, the filing of interconnection 5 applications and procurement of an interconnection agreement with NSP, the selection and procurement of Project components, and the installation and testing of all Project components. 4.2 Application Process. We shall submit each Project to NSP for approval as a Community Solar Garden (“CSG”) in accordance with the CSG Tariff and shall provide all information required by NSP to determine the completeness of our application and technical viability of each Project. Once offered by NSP, we (or the applicable Project Owner) shall enter into the SRC Contract, interconnection agreement, and other agreements with NSP that may be necessary to qualify each Project as a CSG and for the Project to operate and deliver energy to NSP. 4.3 Timeliness. In keeping with the time requirements set forth in the SRC Contract, we shall use commercially reasonable efforts to finish construction and installation of each particular Project within twenty four (24) months after NSP has deemed complete our CSG application with respect to such Project. 4.4 Eligibility Compliance. Owner is responsible for confirming compliance with the Eligibility Requirements, including verification of the eligibility information you have provided to Owner. 4.5 Maintenance. We will maintain the Project in a prudent manner and in accordance with industry standards throughout the Term. We will provide you with notice of any material repair or replacement event that is reasonably anticipated to exceed one hundred eighty (180) days. ARTICLE 5 FURTHER INFORMATION 5.1 Unsubscribed Energy. Unsubscribed Energy will be purchased by NSP from the Project in accordance with the SRC Contract and Applicable Laws. 5.2 Reserves. Owner has or will have adequate funds available for use to maintain the Project and pay Project operating expenses such as taxes, maintenance, insurance, and management services for the Term. 5.3 Other Agreements and Documents. (a) Upon your request we will provide the following when and as available: i. Copy of the SRC Contract between NSP and the Project Owner; ii. Copy of the solar module warranty; iii. Certificate(s) of insurance; and iv. Long-term maintenance plan. (b) We will provide you with any other information that you may request, or that we may be required to deliver, under the CSG Tariff. (c) You agree to sign an acknowledgment of receipt of any such materials, upon receipt of the materials. 5.4 Information Sharing. The Parties acknowledge the Agency Agreement contains certain provisions relating to “Subscriber Account Information” and “Subscriber’s Energy Use Data” and agree to adhere to those provisions. 6 5.5 Fair Disclosure. You acknowledge that, prior to entering into this Agreement and becoming a Subscriber, we fairly disclosed to you the future potential costs and benefits of your Subscription and provided you with a copy of the SRC Contract. Owner will comply with all other requirements of the MPUC and CSG Tariff with respect to communications with you. 5.6 Taxes. You recognize that neither we nor NSP makes any representations or warranties concerning the taxable consequences, if any, to you with respect to your Bill Credits, your Subscription Payments s, or your participation in the Project. We are responsible for paying the Minnesota Solar Energy Production Tax, if any, as in effect as of the Effective Date under Minnesota Statutes 272.0295. You are responsible to either pay or reimburse us for any and all other Taxes assessed on the generation, sale, delivery, or consumption of your Subscribed Energy or your Bill Credits. 5.7 Securities Laws. Neither we nor NSP makes any representations or warranties concerning the implication of any federal or state securities laws with respect to this Agreement or your CSG Allocation. Neither this Agreement nor your CSG Allocation has been registered under the Securities Act of 1933, as amended, or any state securities laws. Owner does not believe this Agreement or the CSG Allocation constitute a security governed by such laws but, in the event any such securities laws may apply, Project Subscriber represents that, as of the Effective Date, it is an “accredited investor” as that term is defined in Rule 501 of the Securities and Exchange Commission under the Securities Act of 1933, as amended. Project Subscriber agrees that it is not entering into this Agreement or acquiring the Bill Credits for the purpose of making a market in such interests or trading them on any securities market or equivalent thereof which might fall within the scope of such laws. You are urged to seek your own professional advice on these matters. ARTICLE 6 TRANSFERABILITY 6.1 General. This Agreement and your Bill Credits are your personal property. Your ability to continue to receive Bill Credits is dependent upon your continuing compliance with the applicable Eligibility Requirements and your payment of the Subscription Payments s. This Agreement and the Bill Credits are transferable only as set forth below. This Agreement and the Bill Credits are not transferable by you, whether voluntarily or by operation of law, at any time when you are in default under this Agreement, unless as approved by Owner. 6.2 Sale or Transfer to Other Eligible Subscribers. You may voluntarily sell or transfer this Agreement, or any portion of your CSG Allocation (but not less than the minimum set by Eligibility Requirements), for any reason (but not more than once in any twelve (12) month period) and to any person or entity who, at the time of the sale or transfer meets applicable Eligibility Requirements for the relevant Project(s). Any amounts you collect from a transferee in respect of your transfer of this Agreement, or any portion of your CSG Allocation, belongs to you. Neither Owner nor a Project Owner will have any claim or right to any such amounts you may receive. Your sale or transfer of your CSG Allocation for any Project is expressly conditioned upon: (a) Owner receiving at least ninety (90) days’ prior written notice identifying the prospective purchaser or transferee, providing the physical address at which it takes electric service from NSP, the NSP account number and all other information needed to determine its eligibility to be a Subscriber, as well as any other subscriptions in the relevant Project or other CSGs held by the proposed 7 transferee, and any solar facility owned or leased by the proposed transferee at the address associated with the proposed transfer; (b) Receipt by Owner of authorizations from the proposed transferee needed to access their NSP account data, and receipt by Owner of usage data at the proposed transferee’s address needed to calculate its historic electrical usage; (c) Determination by Owner that the proposed transferee is eligible to be a Subscriber in the relevant Project and that its participation as a Subscriber will not cause the Project to fail any Eligibility Requirement or otherwise fail to comply with any Applicable Laws or contractual obligations to NSP; (d) The proposed transferee’s (i) express written assumption of this Agreement or execution and delivery of a new subscription agreement with Owner as to the CSG Allocation on terms acceptable to Owner, including the cure of any prior defaults arising under this Agreement; and (ii) execution of an Agency Agreement or any other document reasonably required by Owner or NSP to effectuate the transfer and maintain compliance with the Eligibility Requirements; (e) The proposed transferee meeting our credit requirements, which credit requirements shall not be unreasonable; and (f) Owner receiving any applicable Cover Cost Amount from Project Subscriber. Owner shall notify NSP of any such transfer so that NSP may change the applicable Subscriber benefits to apply to the transferee’s retail NSP electric account. 6.3 Relocation/Sale of Eligible Address. (a) If during the Term you move from an Eligible Address and are no longer the NSP account-holder at that address, you may transfer all or part of your CSG Allocation to another Eligible Address of yours (new or existing) conditioned on the following: i. You provide us with at least ninety (90) days’ notice of such transfer; and ii. We determine that the new address, including the prior electrical usage at that address, will allow for the transferred CSG Allocation to continue to meet the applicable Eligibility Requirements. (b) If during the Term you move from or sell an Eligible Address and are no longer the NSP account-holder at that address, and you are not relocating to a new Eligible Address or do not have sufficient subscription capacity an another Eligible Address, before moving you must either: i. Sell or transfer the relevant portion of your CSG Allocation in accordance with Section 6.2. If requested by you, we will use commercially reasonable efforts for up to one hundred eighty (180) days to assist you in this process; or ii. Cancel the relevant portion of your CSG Allocation pursuant to Section 10.1 (a)(iii) below. (c) You are obligated to maintain compliance with the applicable Eligibility Requirements and to notify us if you plan to be out of compliance. You acknowledge that your failure to maintain compliance with the applicable Eligibility 8 Requirements may result in NSP not paying you Bill Credits and our cancellation of the relevant CSG Allocation. (d) This Agreement confers to us no right to interfere with, or require our consent to, your sale or transfer of your real property. ARTICLE 7 FINANCING 7.1 Consent. We may, without your prior consent, in whole or in part, (i) assign, mortgage, pledge or otherwise collaterally assign our interests in this Agreement and the Project to any Financing Party, (ii) directly or indirectly assign this Agreement and the Project to a Project Owner or an affiliate or subsidiary of ours, (iii) assign this Agreement and the Project to any entity through which we are obtaining financing or capital for the Project; and (iv) assign this Agreement and the Project to any person succeeding to all or substantially all of our assets. In the event of any such assignment (other than a collateral assignment), we shall be released from all our liabilities and other obligations under this Agreement (only upon assumption of our obligations hereunder by the assignee). However, any assignment of our rights and/or obligations under this Agreement shall not result in any change to your rights and obligations under this Agreement. A Financing Party may assign its interest at any time, and without your consent, to another person or another Financing Party. If the Financing Party or its successor becomes the owner of our interest by foreclosure or otherwise, it may sell or transfer that interest to any third party without your consent. 7.2 Changes. You acknowledge that we may obtain construction and long-term financing from one or more Financing Parties. Both Parties agree in good faith to consider and to negotiate changes or additions to this Agreement that may be reasonably requested by the Financing Parties; provided, that such changes do not alter the fundamental economic terms of this Agreement. In connection with any assignment by us (or the Financing Parties, as described below), you agree to execute any consent, estoppel or acknowledgement in form and substance reasonably acceptable to such Financing Parties and Project Subscriber. If this Agreement applies to more than one Project, you also agree to execute a separate Agreement for each Project if requested by us in connection with such assignment. 7.3 Notice and Opportunity to Cure. You may not terminate or suspend your performance due to our Event of Default unless you have given the Financing Parties prior written notice of your intent to so terminate or suspend this Agreement. In your notice you will describe the circumstances giving rise to our default, and provide the Financing Parties with the opportunity to cure the default within thirty (30) days after receipt of such notice or any longer period provided for in this Agreement. If our default reasonably cannot be cured by the Financing Parties within the period provided and the Financing Parties commence and pursue to cure of such default within that period, the period for cure will be extended for a reasonable period of time under the circumstances, but not to exceed an additional sixty (60) days. The Parties’ respective obligations under this Agreement will otherwise remain in effect during the cure period. If the Financing Parties or an assignee (including any buyer or transferee) acquires title to or control of our assets and within the applicable time periods cures all defaults under this Agreement existing as of the date of such change in control in the manner required by this Agreement and which are capable of cure by a third party or entity, then such Financing Parties or third party transferee will no longer be in default under this Agreement, and this Agreement will continue in full force and effect. 9 ARTICLE 8 PRIVACY; CONFIDENTIALITY; PUBLICITY 8.1 Subscriber Data. Other than in accordance with the Agency Agreement, Owner will not disclose Project Subscriber’s Account Information, Subscriber Energy Usage Data, Bill Credits or any other personal information of Project Subscriber to any person except (i) to NSP, to the extent required by Applicable Laws or the SRC Contract, for the purpose of administration of the Project, Project CSG eligibility, and Project Subscriber CSG eligibility; (ii) to attorneys, accountants, advisors, and agents of Owner to the extent necessary for them to render advice or perform professional services associated with the Project or this Agreement; (iii) as otherwise required by Applicable Laws. 8.2 Publicity. The Parties shall coordinate and cooperate with each other when making public announcements related to the execution and existence of this Agreement or related to Project Subscriber’s participation in a Project, and each Party shall have the right to promptly review, comment upon and approve any publicity materials, press releases or other public statements by the other Party that refer to, or that describe any aspect of, this Agreement. Notwithstanding the foregoing, the Parties agree to the use each other’s logos in their respective marketing materials. ARTICLE 9 DISPUTE RESOLUTION 9.1 NSP Disputes. (a) Any dispute or question which you have with respect to the application by NSP of the Bill Credits to your retail electric bill, in particular the applicable Bill Credit Rate that NSP used to determine the amount of your Bill Credits, shall be directed by you to NSP for resolution. You may request that Owner assist you in this respect. You acknowledge that your obligation to make your Subscription Payments s is independent of the amount of your Bill Credits. (b) All disputes arising with respect to the contract between NSP and Owner shall be resolved by negotiation and, in the absence of a resolution, by the Minnesota Public Utilities Commission (“MPUC”), as per the SRC Contract. Any issue or dispute identified by you with respect to NSP’s actions with respect to the Project or the Bill Credits other than as described in Section 9.1(a) shall be referred to Owner. If the dispute or question is not resolved to the Project Subscriber’s satisfaction, you have the right to refer the issue directly to the MPUC at the following address: Minnesota Public Utilities Commission 121 7th Place East, Suite 350 St. Paul, MN 55101 Tel: (651) 296-7124 Toll free: (800) 657-3782 Fax: (651) 297-7073 consumer.puc@state.mn.us 9.2 Disputes between Parties. 10 (a) Any dispute or issue a Party may have arising from or related to this Agreement, which are not resolved by communications between Project Subscriber and Owner representatives in person, over the phone, or electronically shall be submitted to the other Party in writing. Each Party shall assign an officer or senior management executive to address or negotiate a resolution with the other Party. The Parties agree to attempt to reach a resolution of such dispute within ten (10) days or such longer period as the Parties may agree. (b) We shall perform any calculation called for hereunder and do so in a commercially reasonable manner and in accordance with industry accepted standards. Any dispute regarding the results of any such calculation shall be resolved by having an independent consultant having nationally recognized credentials, such as Navigant Consulting, Inc. or Leidos, Inc., perform the calculation at the disputing party’s expense. Such consultant’s results shall be binding on the Parties absent manifest error. (c) Any dispute arising from or relating to this Agreement not resolved by the Parties under Section 9.2(a)-(b) above shall be arbitrated in Minneapolis, MN. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. ARTICLE 10 CANCELLATION EVENTS; EVENTS OF DEFAULT; REMEDIES 10.1 Cancellation Events. (a) You may cancel all or part of your CSG Allocation relating to a particular Project to the extent that: i. Construction of that Project is not completed within thirty-six (36) months of our receipt of NSP determining that Project’s CSG application is complete, as extended by Force Majeure, and additional Project capacity does not exist; ii. That Project becomes ineligible, in whole or in part, as a CSG during the Term and the related SRC Contract is terminated, and additional Project capacity does not exist; or iii. You become aware that, due to relocation or other material changes, your CSG Allocation will no longer satisfy the applicable Eligibility Requirements and you elect not to sell or transfer, or cannot sell or transfer, your CSG Allocation to another eligible NSP customer. (b) We may cancel all or part of your CSG Allocation relating to a particular Project to the extent that: i. You fail to meet the applicable Eligibility Requirements at any time during the Term; ii. Your CSG Allocation is transferred by operation of law as defined in Section 10.7 to an ineligible person or entity and is not sold to an eligible transferee within the time provided; iii. Prior to the start of Project construction, we are not able to confirm your creditworthiness; or 11 iv. Prior to the start of Project construction, we determine to terminate the development of Project(s) for which your CSG Allocation relates, and additional Project capacity does not exist. (c) Cancellation will be effective upon written notice by the cancelling Party to the other Party, including a description of the circumstances giving rise to the Cancellation Event and the specific portion of CSG Allocation canceled. 10.2 Events of Default. Each of the following events shall be an Event of Default under this Agreement: (a) A Party breaches any material representation or warranty or fails to perform a material obligation set forth in this Agreement and does not cure such breach or failure within thirty (30) days of written notice of the breach from the non-defaulting Party. (b) With respect to Project Subscriber, failure to make any Subscription Payments when due, and failure to cure the default within twenty (20) days after written notice of such failure from Owner. 10.3 Cancellation Remedies. (a) In the case of a cancellation pursuant to Sections 10.1(a)(i) or (ii) or 10.1(b)(iii) or (iv), you will owe nothing with respect to the amount of CSG Allocation cancelled. (b) In the case of a cancellation pursuant to Sections 10.1(a)(iii) or 10.1(b)(i) or (ii) (each, a “Covered Cancellation Event”), you will be responsible for paying the Cover Cost Amount, if any, with respect to the amount of CSG Allocation cancelled, subject to the following: i. We will use commercially reasonable efforts for up to one hundred eighty (180) days after such cancellation (“Cancellation Replacement Period”) to secure one or more Eligible Transferee who will subscribe to the entire cancelled portion of your CSG Allocation at no less than your Subscription Agreement Rate. If we are successful, your Cover Cost Amount will be zero. ii. To the extent during the Cancellation Replacement Period we are unsuccessful in securing one or more Eligible Transferees who will subscribe to the entire cancelled portion of your CSG Allocation, the Unsubscribed Energy rate provided for in the CSG Tariff will be used in lieu of a transferee Subscription Agreement Rate for purposes of determining the Cover Cost Amount. (c) During the Cancellation Replacement Period and before paying any Cover Cost Amount or other cancellation related amounts, you will be responsible for making Subscription Payments s that will be deemed to equal the full amount of your Subscription Payments s had no cancellation occurred. (d) At the end of the Cancellation Replacement Period, we will determine the Cover Cost Amount and other amounts owing by you and provide you written notice of same. These amounts will become due and payable by you within twenty (20) days of your receipt of this notice. 12 (e) After paying the Cover Cost Amount, your remaining Subscription Payments s will reflect your appropriately reduced CSG Allocation. (f) You will be responsible for reimbursing us for any costs we reasonably incur in identifying an Eligible Transferee who will subscribe to the cancelled portion of your CSG Allocation and in the execution of related documentation. (g) Upon cancellation of the entire CSG Allocation, we may terminate this Agreement in its entirety. 10.4 Default Remedies. In the event a defaulting Party fails to cure an Event of Default within the applicable cure period, the non-defaulting Party may: (a) With respect to an Event of Default by Project Subscriber: i. We may terminate this Agreement immediately by notifying you in writing. ii. We may direct NSP to remove you as a subscriber with respect to the Project, and you will no longer receive Bill Credits associated with the CSG Allocation. iii. You will owe the Cover Cost Amount, if any. 1. We will use commercially reasonable efforts for sixty (60) days after your Event of Default (“Default Replacement Period”) to secure one or more Eligible Transferee who will subscribe to your entire CSG Allocation at no less than your Subscription Agreement Rate. If we are successful, your Cover Cost Amount will be zero. 2. To the extent during the Default Replacement Period we are unsuccessful in securing one or more Eligible Transferee who will subscribe to your entire CSG Allocation, the Unsubscribed Energy rate provided for in the CSG Tariff will be used in lieu of a transferee Subscription Agreement Rate for purposes of determining the Cover Cost Amount. iv. You will owe an amount equal to the Subscription Payments s that would have been payable by you during the Default Replacement Period absent the Event of Default. v. At the end of the Default Replacement Period, we will determine the Cover Cost Amount and other default-related amounts owing by you and provide you with written notice of same. These amounts will become due and payable immediately by you upon your receipt of this notice. vi. You will be responsible for reimbursing us for any costs we reasonab ly incurred in attempting to identify an Eligible Transferee and in the execution of related documentation. vii. Upon termination of this Agreement, we shall have no further obligations to you hereunder. (b) With respect to an Event of Default by Owner: i. Prior to the COD of the final Project, you may terminate this Agreement at any time by notifying us in writing. ii. After the COD of the final Project, you may terminate this Agreement only if our default results in your CSG Allocation not producing any Subscribed Energy for one hundred eighty (180) consecutive days or more. iii. Upon termination, you shall have no further obligation to us except for obligations arising or accruing prior to termination. 13 10.5 No Consequential Damages. No Party shall be liable to the other Party for any indirect, special, punitive, exemplary, incidental, or consequential damages, whether arising in contract, tort, under statute, or in equity, and each Party waives its rights to any such damages. In no event will the Cover Cost Amount constitute, or be deemed to constitute, indirect, special, punitive, exemplary, incidental, or consequential damages. 10.6 No Warranty; Exclusive Remedies. NO WARRANTY OR REMEDY, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE SHALL APPLY. The remedies set forth in this Agreement shall be the Parties’ sole and exclusive remedies for any claim or liability arising out of or in connection with this Agreement, whether arising in contract, tort (including negligence), strict liability or otherwise. 10.7 Involuntary Transfers. Upon transfer of title or control of the Eligible Address or your CSG Allocation, or portion thereof, due to bankruptcy, foreclosure or operation of law for other reasons, you or the transferee must notify Owner immediately. During any period of time in which a trustee, receiver, or creditor is in possession of the Eligible Address and assumes responsibility as the account-holder with NSP at the Eligible Address, such transferee shall be deemed to have succeeded to your rights and obligations under this Agreement at the Eligible Address during the period of its possession. Upon the transfer of title to the property at the Eligible Address and the CSG Allocation to a creditor or other third party, the transferee shall notify Owner of the transfer. If the transferee(s) meet all relevant Eligibility Criteria, the transfer shall be treated as a sale or transfer of the CSG Allocation to such transferees upon completion of the conditions set forth in Section 6.2. If the transferee does not meet the transfer conditions, then the transferee(s) shall be required immediately to sell or transfer the CSG Allocation or applicable portion to an eligible buyer in accordance with Section 6.2. ARTICLE 11 MISCELLANEOUS 11.1 Notices. Notices, or other documents required or permitted by this Agreement must be given by personal delivery, reputable overnight courier, email, or U.S. certified mail postage prepaid and shall be sent to the respective parties at the address listed on the first page of this Agreement. Notice shall be deemed delivered (i) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours, (ii) upon the date of actually delivery or refusal shown on the courier’s delivery receipt if sent by overnight courier, and (iii) on the fourth business day after deposit in the U.S. mail if sent by certified mail. Any party may change the address for notice by notice to the other party. 11.2 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any duty to, or standard of care with reference to, or liability to, any person not a party to this Agreement. Excepting the rights of Financing Parties and assignees expressly provided for herein, no provision of this Agreement is intended to nor shall it in any way provide any rights to any third party or inure to the benefit of any third party so as to constitute any such person a third party beneficiary under this Agreement, or of any one or more of the terms of this Agreement, or otherwise give rise to any cause of action in any person not a party to this Agreement. 11.3 Entire Agreement; Amendments. It is mutually understood and agreed that this Agreement, and the Exhibits attached hereto, constitutes the entire agreement between Project Subscriber and Owner and supersedes any and all prior oral or written understandings, 14 representations or statements, and that no understandings, representations or statements, verbal or written, have been made which modify, amend, qualify or affect the terms of this Agreement. This Agreement may not be amended except in a writing executed by both parties; provided, however, that, Owner may amend Project and Project Site information and allocate your CSG Allocation among Projects and Project Sites (prior to relevant CODs) without Project Subscriber’s prior consent. 11.4 Governing Law. This Agreement is made in Minnesota and shall be governed by the laws of the State of Minnesota. 11.5 SRC Contract and CSG Tariff. This Agreement contains summaries of, and makes reference to, certain provisions of the SRC Contract and CSG Tariff. While we believe these summaries and references to be accurate and fair, any conflict between such summaries and references shall be resolved in favor of the relevant provisions contained in SRC Contract and CSG Tariff. You are urged to review these documents. 11.6 Waiver. Neither Party shall be deemed to have waived any provision of this Agreement or any remedy available to it unless such waiver is in writing and signed by the Party against whom the waiver would operate. Any waiver at any time by either Party of its rights with respect to any matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent or other matter. 11.7 Relationship of Parties. The duties, obligations and liabilities of each of the Parties are intended to be several and not joint or collective. This Agreement shall not be interpreted or construed to create an association, joint venture, fiduciary relationship or partnership between the Parties or to impose any partnership obligation or liability or any trust or agency obligation or relationship upon either Party. Owner and Project Subscriber shall not have any right, power, or authority to enter into any agreement or undertaking for, or act on behalf of, or to act or be an agent or representative of, or to otherwise bind, the other Party. 11.8 Severability. Should any provision of this Agreement be or become void, illegal or unenforceable, the validity or enforceability of the other provisions of the Agreement shall not be affected and shall continue in full force. The Parties will, however, use commercially reasonable efforts to agree on the replacement of the void, illegal or unenforceable provisions with legally acceptable clauses which correspond as closely as possible to the sense and purpose of the affected provision and the Agreement as a whole. 11.9 Counterparts. This Agreement may be executed in two or more counterparts and by different parties on separate counterparts, all of which shall be considered one and the same agreement and each of which shall be deemed an original. 11.10 Data Practices. Owner or applicable Project Owner must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by Project Subscriber pursuant to this Subscription Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Owner or applicable Project Owner pursuant to this Subscription Agreement. Owner or applicable Project Owner is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Owner or applicable Project Owner receives a request to release data, Owner or applicable Project Owner must immediately notify Project Subscriber. Project Subscriber will give Owner or applicable Project Owner instructions concerning the release of the data to the requesting party before the data is released. Owner or applicable Project Owner agrees to 15 defend, indemnify, and hold Project Subscriber, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Owner’s or applicable Project Owner’s officers’, agents’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Subscription Agreement. . (SIGNATURE PAGES TO FOLLOW) 16 City of Eagan By: ________________________________ Mike Maguire Its: Mayor Date: _______________________________ By: ________________________________ Christina M. Scipioni Its: Clerk Date: _______________________________ Northfield Solar LLC By: ________________________________ Printed Name: ________________________ Its: _____________________________ Date: ____________________________ 17 EXHIBIT A DEFINITIONS 1. Applicable Laws. Any law, statute, rule, regulation, ordinance, order (including orders issued by the MPUC), tariff, judgment, or other legally binding restriction or ruling issued by a governmental authority which is applicable to the Project, Owner, Subscribers, CSGs or this Agreement. 2. Bill Credit Rate. A dollar amount per kilowatt-hour reflected in the CSG Tariff with respect to specific classes of NSP customers to be used for determining a Subscriber’s Bill Credit. 3. Cancellation Event. One or more event described in Section 10.1(a)-(b). 4. Cover Cost Amount. (a) With respect to a sale or transfer by you pursuant to Section 6.2, the positive difference, if any, of: i. the net present value (using a discount rate of 4%) of the projected payments by you over the Term post-transfer with respect to the transferred portion of your CSG Allocation, had this Agreement remained unchanged for the remaining Term (plus any other amounts previously accrued and owed by you); minus ii. the net present value (using a discount rate of 4%) of the projected payments to be made by your transferee with respect to the transferred portion of your CSG Allocation over the remaining Term. (b) With respect to a Covered Cancellation Event, the positive difference, if any, of: i. the net present value (using a discount rate of 4%) of the projected payments by you over the Term post-cancellation with respect to the cancelled portion of your CSG Allocation, had this Agreement remained unchanged for the entire Term (plus any other amounts previously accrued and owed by you); minus ii. the net present value (using a discount rate of 4%) of the projected payments to be made by an Eligible Transferee (or, as applicable, by NSP for the Unsubscribed Energy associated with the portion CSG Allocation not transferred) with respect to the cancelled portion of your CSG Allocation over the remaining Term. (c) With respect to an Event of Default by you, the positive difference, if any, of: i. the net present value (using a discount rate of 4%) of the projected payments by you over the Term post-default, had this Agreement remained unchanged with respect to your entire CSG Allocation for the entire Term (plus any other amounts previously accrued and owed by you); minus ii. the net present value (using a discount rate of 4%) of the projected payments to be made by an Eligible Transferee (or, as applicable, by NSP for the Unsubscribed Energy associated with the portion CSG Allocation not transferred) with respect to the entire CSG Allocation over the remaining Term. 5. CSG Tariff. The Solar Rewards Community Program tariff of NSP’s rate book, as amended or updated and any successor thereto. 18 6. Eligible Address. A Subscriber’s NSP service address that meets the Eligibility Requirements. 7. Eligible Transferee. A person or entity who meets the applicable Eligibility Requirements and meets the conditions set for in Section 6.2(a)-(e) 8. Financing Party. A person or persons providing construction or permanent financing in connection with construction, ownership, operation and maintenance of the Project, or if applicable, any person to whom the ownership interest in the Project has been transferred, subject to a leaseback of the Project from such person. 9. JAMS. JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. 10. MPUC. Minnesota Public Utilities Commission. 11. NSP. Northern States Power Company, a wholly owned subsidiary of Xcel Energy Inc. 12. Subscription Agreement Rate. A dollar amount per kilowatt-hour with respect to the Subscribed Energy produced by Project Subscriber’s CSG Allocation, as set forth in Section 1.5(a), used for determining Project Subscriber’s Subscription Payments. 13. Taxes. Any federal, state, or local ad valorem, property, occupation, generation, privilege, sales, use, consumption, excise, or transaction tax, other taxes, regulatory fees, surcharges, or other similar charges, but does not include any income taxes imposed on Owner for payments made by you and received by us under this Agreement. Any conflict in the meaning of a term used both herein term and in the SRC Contract shall be resolved in favor of the meaning given to such term in the SRC Contract. 19 EXHIBIT B PROJECT(S) AND PROJECT SITE(S) Northfield Solar, LLC 7281 115th St E, Northfield MN 55057 SRC040316 SRC040353 SRC040813 SRC040814 SRC041087 EXHIBIT C BILL CREDIT TYPES, CUSTOMER ACCOUNTS, AND SUBSCRIBER RATE Account Number: Premise Number: Account Type: 51-6563391-0 302816400 General Service 51-6563391-0 302468868 Small General Service 51-6563391-0 302946028 General Service Subscription rate: $0.1238/kWh increasing annually by 0.0% Bill Credit Value. We make no representation or warranty as to the likelihood that any Bill Credits will create any specific amount of economic benefit at any time or over any period of time or over the Term of this Agreement as a whole, or that the Bill Credits will create a positive economic benefit to you. The estimate of potential benefits contained herein are based on a number of assumptions about estimated Subscribed Energy Bill Credit Rates, Applicable Laws currently in place, NSP’s retail electrical rates, and a number of other factors beyond the control of Owner. Any estimate by Owner herein or elsewhere given to Project Subscriber as to any expected benefit to Project Subscriber from the Bill Credits at any time or over any period of time is pur ely an estimate based on the information available to Owner and related assumptions at the time and is not a guarantee that any positive economic benefit will accrue to Project Subscriber from the Bill Credits or that any specific amount of benefits will accrue to Project Subscriber at any time, or over any period of time, or over the Term of the Agreement. 20 EXHIBIT D ESTIMATE OF SUBSCRIBED ENERGY Production. Owner makes no representation or warranty as to the likelihood that the Project will generate any specific amount of electricity or sufficient electricity so as to create any specific or minimum Bill Credits to Project Subscriber during any period of time or over the Term of the Agreement as a whole. The production estimate described herein is based on a number of assumptions about expected solar insolation at the Project Site, and performance of the modules and other Project equipment, the accuracy of production estimating software and other factors affecting possible production which are not within the control of Owner. Circumstances experienced at the Project will deviate from historical data and other assumptions and projections. The actual production of energy of electricity by the Project and delivery of energy, including Subscribed Energy, by the Project is also subject to lack of sunlight, other adverse weather, equipment failures, curtailments or outages by NSP, Force Majeure events, and other events beyond the control of Owner. The production estimate and any other estimate communicated by Owner to Project Subscriber of expected energy production from the Project at any time or over any period of time is purely an estimate based on the information available to Owner at the time and is not a guarantee that any such production will occur or that any particular amount of Subscribed Energy will be received by Project Subscriber at any time or over any period of time, including the Term of this Agreement. 21 EXHIBIT E SUBSCRIPTION AGREEMENT RATE SCHEDULE Production Month General Service Accounts 1 - 12 $0.1238/kWh 13 - 24 $0.1238/kWh 25 - 36 $0.1238/kWh 37 - 48 $0.1238/kWh 49 - 60 $0.1238/kWh 61 - 72 $0.1238/kWh 73 - 84 $0.1238/kWh 85 - 96 $0.1238/kWh 97 - 108 $0.1238/kWh 109 - 120 $0.1238/kWh 121 - 132 $0.1238/kWh 133 - 144 $0.1238/kWh 145 - 156 $0.1238/kWh 157 - 168 $0.1238/kWh 169 - 180 $0.1238/kWh 181 - 192 $0.1238/kWh 193 - 204 $0.1238/kWh 205 - 216 $0.1238/kWh 217 - 228 $0.1238/kWh 229 - 240 $0.1238/kWh 241 - 252 $0.1238/kWh 253 - 264 $0.1238/kWh 265 - 276 $0.1238/kWh 277 - 288 $0.1238/kWh 289 - 300 $0.1238/kWh 22 EXHIBIT F FORM OF SRC CONTRACT This is a standard contract from Xcel (template can be found on Xcel’s website at https://www.xcelenergy.com/staticfiles/xe/Marketing/Files/MN-SRC-Standard-Contract.pdf). To be executed and inserted as Projects near construction. 23 EXHIBIT G FORM OF AGENCY AGREEMENT This is a standard contract from Xcel (template can be found on Xcel’s website at https://www.xcelenergy.com/staticfiles/xe/Marketing/Files/MN-SRC-Subscriber-Agency- Agreement.pdf). To be executed and inserted as Projects near construction. 24 EXHIBIT H PROJECT SUBSCRIBER DATA 1. Project Subscriber (name as shown on NSP account): EAGAN COMMUNITY CENTER EAGAN CITY OF 2. NSP service address (Eligible Addresses): 1501 CENTRAL PKWY EAGAN MN 3. NSP account number: 51-6563391-0 © Copyright 2017 United States Solar Corporation Owner Tiered Rate Subscription Agreement This Subscription Agreement (this “Agreement”) is entered into by and between Walcott Solar, LLC (together with its successors and assignees, “Owner” or “we”) and the Subscriber described below (together with any permitted transferees, “Project Subscriber” or “you”) (each a “Party” and collectively the “Parties”) and is effective as of the date signed by the Parties (the “Effective Date”). Project Subscriber: Owner: Name and Address City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Name and Address Walcott Solar, LLC 24230 Albers Ave Faribault, MN 55021 Phone (651) 675-5506 Phone 612-299-1488 E-mail apimental@cityofeagan.com E-mail Doran.hole@renesolapower.com Premises and Account Numbers See Exhibit C Community Solar Garden Allocation An amount expected to produce up to 649,500 kWh, equal to 30% of Project Subscriber's average annual electricity consumption (“AAEC”) (net of any other distributed generation resources serving a relevant Premises) over the prior twenty-four (24) months with respect to its eligible Account and Premises numbers, allocated to multiple projects. This Agreement sets forth the terms and conditions of your subscription to the Community Solar Garden(s) described in Exhibit B (individually and collectively, as context requires, a “Project”) and installed at the Community Solar Garden Site(s) described in Exhibit B (individually and collectively, as context requires, a “Project Site”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Standard Contract for Solar Rewards Community contract (“SRC Contract”). The exhibits listed below are incorporated by reference and made part of this Agreement. Exhibit A Definitions Exhibit B Project(s) and Project Site(s) Exhibit C Bill Credit Types, Customer Accounts, and Subscriber Rate Exhibit D Estimate of Subscribed Energy Exhibit E Subscription Agreement Rate Schedule Exhibit F Form of SRC Contract Exhibit G Form of Agency Agreement Exhibit H Project Subscriber Data 2 ARTICLE 1 SUBSCRIPTION 1.1 Subscribing to Project Capacity. You are subscribing to the Community Solar Garden Allocation (“CSG Allocation”) identified for each Project on the front page of this Agreement on the terms and conditions set forth herein. 1.2 Bill Credit Value. As more fully detailed in the SRC Contract, your CSG Allocation entitles you to receive a Bill Credit against your monthly retail electrical bill equal to the product of (i) the amount of your Subscribed Energy for each Production Month, and (ii) your applicable Bill Credit Rate. Bill Credits are the dollar amounts paid by NSP to you as a credit on your retail electric bill to compensate you for your beneficial share of the solar electricity produced by the Project and delivered to NSP from the Project. 1.3 Bill Credit Rate. Bill Credit Rates are found in the CSG Tariff. The Bill Credit Rates in effect as of the Effective Date are as follows: Your Bill Credit Rate will be updated annually (or otherwise as provided by order of the MPUC) during the Term only to reflect any updates in the applicable retail rate (labeled the “Standard” rate in the chart above) with respect to your customer class, as reflected in the CSG Tariff. The amount of the CSG “Enhanced” rate premium over the Standard rate reflects the value of the Project’s RECs sold and delivered by us to NSP. Per the CSG Tariff, the amount of CSG “Enhanced” rate premium over the Standard rate will not change over the Term. Please see Exhibit C for your account by account Bill Credit Type and Subscriber Rate. 1.4 Subscribed Energy. The estimated amount of Subscribed Energy produced by your CSG Allocation over the Term is set forth in Exhibit D. 1.5 Subscription Agreement Rate and Payments. (a) Your Subscription Agreement Rate for each Project for each Production Month shall be equal to the rate shown on Exhibit E. Please see Exhibit C for additional details about Bill Credit types, customer accounts, and Subscriber Rate. (b) The monthly payment amount you owe to Owner (each, a “Subscription Payments”) is equal to the product of (i) your Subscribed Energy produced in a given Production Month, and (ii) your Subscription Agreement Rate. 3 (c) Subscription Payments will be invoiced monthly, beginning the first month after the Date of Commercial Operation (“COD”) of each particular Project, and you agree to make the full monthly Subscription Payments within thirty-five (35) days of receiving our invoice. (d) Delinquent Payments. If Project Subscriber fails to pay any amount due Owner hereunder, in full, by the scheduled due date, Project Subscriber will be charged interest on the outstanding balance accruing at the rate of five percent (5%) per annum until the balance is paid in full. (e) Electronic Funds Transfer. At Owner’s request, and unless Project Subscriber does not have an account or other suitable arrangement, the Subscription Payment due to Owner under this Agreement shall be paid by check. Subject to applicable confidentiality and data security provisions with respect to Project Subscriber’s account information and other private data, Project Subscriber agrees to execute any documents necessary to authorize Owner to withdraw Subscription Payments from Project Subscriber’s designated account on a monthly basis either on an automated basis 20 days after the date of the invoice, or at an earlier date selected by Project Subscriber. If Owner fails to pay any amount due to Project Subscriber hereunder, in full, by the scheduled due date, Owner will be charged interest on the outstanding balance accruing at the rate of five percent (5%) per annum until the balance is paid in full. 1.6 No Additional Funds. The Subscription Payments s represent full payment by you for your CSG Allocation subscription, and we shall not have any right to compel you to advance or pay any additional funds for the construction or maintenance of the Project or your CSG Allocation. 1.7 Ownership Limitation. Project Subscriber is not purchasing, and Owner is not selling or transferring to Project Subscriber: (a) Any ownership or lien in any specific modules or tangible component of the Project; (b) Any ownership or membership interests or rights in Owner or any entity which owns or may subsequently own the Project (for each Project, a “Project Owner”) or any financial rights or distributions associated with such ownership; (c) Any right to any payment by NSP to Owner or the Project Owner with respect to Unsubscribed Energy; (d) Any right to manage, direct, control or operate the Project, Owner or Project Owner; or (e) Any RECs produced by the Project or any payment by NSP to Owner or Project Owner with respect to the RECs. 1.8 Term. The term of the Agreement (“Term”) shall begin on the Effective Date and shall end, with respect to each Project, twenty-five years after the COD of such Project unless otherwise provided for in this Agreement or to allow for any extension provided under the related SRC Contract. ARTICLE 2 STANDARD CONTRACT FOR SOLAR REWARDS COMMUNITY 2.1 SRC Contract. With respect to each Project, Owner or the applicable Project Owner will enter into the SRC Contract once offered by NSP. Please see Exhibit F for the form of SRC Contract. Among other things, the SRC Contract provides for the following: 4 (a) Owner acting as the Community Solar Garden Operator; (b) Sale and delivery to NSP of all electricity and RECs generated by the Project for a term of twenty five (25) years; (c) Allocation to Subscribers by NSP of Bill Credits in exchange for delivery by Owner, or the applicable Project Owner, of the electricity and RECs generated by the Project; and (d) Owner ensuring compliance with the Community Solar Garden Statutory Requirements (“Eligibility Requirements”), which include eligibility requirements relating to both the Project and Subscribers. 2.2 Subscriber Agency Agreement and Consent Form. Attached to the SRC Contract is a Subscriber Agency Agreement and Consent Form (“Agency Agreement”) that you will be required to sign. Please see Exhibit G for the form of Agency Agreement. Among other things, the Agency Agreement provides for the assignment of energy and RECs to NSP and provides information regarding the following: (a) Data access, control, and disclosure; (b) Contacting NSP about certain questions regarding your Bill Credits; and (c) Contacting Owner about questions regarding this Agreement, NSP’s data policies, and Project-related items. ARTICLE 3 ELIGIBILITY AND EXCESS BILL CREDIT PURCHASE 3.1 Eligibility Data. You acknowledge that the account data contained in Exhibit H is complete and accurate and that Owner may use the data for purposes of confirming your conformance with the applicable Eligibility Requirements. You agree to provide Owner and the applicable Project Owner with any additional information we request to determine, verify, or confirm your eligibility at any time during the Term. 3.2 Authorization to Access Data. You authorize Owner and the applicable Project Owner to use all eligibility data set forth in Exhibit H, as well as your electric bills for each Eligible Address for the most recent twenty-four (24) months, to assist Owner and the applicable Project Owner in confirming your eligibility. 3.3 Credit Information. Subject to the confidentiality and privacy provisions of Section 8.1, you agree to provide Owner with information reasonably necessary for Owner, the Project Owner, or its Financing Parties to confirm your creditworthiness. 3.4 Excess Bill Credit Purchase. As per the SRC Contract, any excess Bill Credits (i.e., Bill Credits in a billing period that exceed the amount you owe NSP for your regular retail service in that period) will be carried forward and credited against all charges for at least a twelve (12) month cycle. Under the SRC Contract, NSP will be required to purchase from you all such Bill Credits with the billing statement that includes the last day of February and restart the credit cycle the following period with a zero credit balance. ARTICLE 4 OWNER RESPONSIBILITIES 4.1 Design and Implementation. We agree to develop, design, finance and construct the Project(s), including, but not limited to, site acquisition, the filing of interconnection 5 applications and procurement of an interconnection agreement with NSP, the selection and procurement of Project components, and the installation and testing of all Project components. 4.2 Application Process. We shall submit each Project to NSP for approval as a Community Solar Garden (“CSG”) in accordance with the CSG Tariff and shall provide all information required by NSP to determine the completeness of our application and technical viability of each Project. Once offered by NSP, we (or the applicable Project Owner) shall enter into the SRC Contract, interconnection agreement, and other agreements with NSP that may be necessary to qualify each Project as a CSG and for the Project to operate and deliver energy to NSP. 4.3 Timeliness. In keeping with the time requirements set forth in the SRC Contract, we shall use commercially reasonable efforts to finish construction and installation of each particular Project within twenty four (24) months after NSP has deemed complete our CSG application with respect to such Project. 4.4 Eligibility Compliance. Owner is responsible for confirming compliance with the Eligibility Requirements, including verification of the eligibility information you have provided to Owner. 4.5 Maintenance. We will maintain the Project in a prudent manner and in accordance with industry standards throughout the Term. We will provide you with notice of any material repair or replacement event that is reasonably anticipated to exceed one hundred eighty (180) days. ARTICLE 5 FURTHER INFORMATION 5.1 Unsubscribed Energy. Unsubscribed Energy will be purchased by NSP from the Project in accordance with the SRC Contract and Applicable Laws. 5.2 Reserves. Owner has or will have adequate funds available for use to maintain the Project and pay Project operating expenses such as taxes, maintenance, insurance, and management services for the Term. 5.3 Other Agreements and Documents. (a) Upon your request we will provide the following when and as available: i. Copy of the SRC Contract between NSP and the Project Owner; ii. Copy of the solar module warranty; iii. Certificate(s) of insurance; and iv. Long-term maintenance plan. (b) We will provide you with any other information that you may request, or that we may be required to deliver, under the CSG Tariff. (c) You agree to sign an acknowledgment of receipt of any such materials, upon receipt of the materials. 5.4 Information Sharing. The Parties acknowledge the Agency Agreement contains certain provisions relating to “Subscriber Account Information” and “Subscriber’s Energy Use Data” and agree to adhere to those provisions. 6 5.5 Fair Disclosure. You acknowledge that, prior to entering into this Agreement and becoming a Subscriber, we fairly disclosed to you the future potential costs and benefits of your Subscription and provided you with a copy of the SRC Contract. Owner will comply with all other requirements of the MPUC and CSG Tariff with respect to communications with you. 5.6 Taxes. You recognize that neither we nor NSP makes any representations or warranties concerning the taxable consequences, if any, to you with respect to your Bill Credits, your Subscription Payments s, or your participation in the Project. We are responsible for paying the Minnesota Solar Energy Production Tax, if any, as in effect as of the Effective Date under Minnesota Statutes 272.0295. You are responsible to either pay or reimburse us for any and all other Taxes assessed on the generation, sale, delivery, or consumption of your Subscribed Energy or your Bill Credits. 5.7 Securities Laws. Neither we nor NSP makes any representations or warranties concerning the implication of any federal or state securities laws with respect to this Agreement or your CSG Allocation. Neither this Agreement nor your CSG Allocation has been registered under the Securities Act of 1933, as amended, or any state securities laws. Owner does not believe this Agreement or the CSG Allocation constitute a security governed by such laws but, in the event any such securities laws may apply, Project Subscriber represents that, as of the Effective Date, it is an “accredited investor” as that term is defined in Rule 501 of the Securities and Exchange Commission under the Securities Act of 1933, as amended. Project Subscriber agrees that it is not entering into this Agreement or acquiring the Bill Credits for the purpose of making a market in such interests or trading them on any securities market or equivalent thereof which might fall within the scope of such laws. You are urged to seek your own professional advice on these matters. ARTICLE 6 TRANSFERABILITY 6.1 General. This Agreement and your Bill Credits are your personal property. Your ability to continue to receive Bill Credits is dependent upon your continuing compliance with the applicable Eligibility Requirements and your payment of the Subscription Payments s. This Agreement and the Bill Credits are transferable only as set forth below. This Agreement and the Bill Credits are not transferable by you, whether voluntarily or by operation of law, at any time when you are in default under this Agreement, unless as approved by Owner. 6.2 Sale or Transfer to Other Eligible Subscribers. You may voluntarily sell or transfer this Agreement, or any portion of your CSG Allocation (but not less than the minimum set by Eligibility Requirements), for any reason (but not more than once in any twelve (12) month period) and to any person or entity who, at the time of the sale or transfer meets applicable Eligibility Requirements for the relevant Project(s). Any amounts you collect from a transferee in respect of your transfer of this Agreement, or any portion of your CSG Allocation, belongs to you. Neither Owner nor a Project Owner will have any claim or right to any such amounts you may receive. Your sale or transfer of your CSG Allocation for any Project is expressly conditioned upon: (a) Owner receiving at least ninety (90) days’ prior written notice identifying the prospective purchaser or transferee, providing the physical address at which it takes electric service from NSP, the NSP account number and all other information needed to determine its eligibility to be a Subscriber, as well as any other subscriptions in the relevant Project or other CSGs held by the proposed 7 transferee, and any solar facility owned or leased by the proposed transferee at the address associated with the proposed transfer; (b) Receipt by Owner of authorizations from the proposed transferee needed to access their NSP account data, and receipt by Owner of usage data at the proposed transferee’s address needed to calculate its historic electrical usage; (c) Determination by Owner that the proposed transferee is eligible to be a Subscriber in the relevant Project and that its participation as a Subscriber will not cause the Project to fail any Eligibility Requirement or otherwise fail to comply with any Applicable Laws or contractual obligations to NSP; (d) The proposed transferee’s (i) express written assumption of this Agreement or execution and delivery of a new subscription agreement with Owner as to the CSG Allocation on terms acceptable to Owner, including the cure of any prior defaults arising under this Agreement; and (ii) execution of an Agency Agreement or any other document reasonably required by Owner or NSP to effectuate the transfer and maintain compliance with the Eligibility Requirements; (e) The proposed transferee meeting our credit requirements, which credit requirements shall not be unreasonable; and (f) Owner receiving any applicable Cover Cost Amount from Project Subscriber. Owner shall notify NSP of any such transfer so that NSP may change the applicable Subscriber benefits to apply to the transferee’s retail NSP electric account. 6.3 Relocation/Sale of Eligible Address. (a) If during the Term you move from an Eligible Address and are no longer the NSP account-holder at that address, you may transfer all or part of your CSG Allocation to another Eligible Address of yours (new or existing) conditioned on the following: i. You provide us with at least ninety (90) days’ notice of such transfer; and ii. We determine that the new address, including the prior electrical usage at that address, will allow for the transferred CSG Allocation to continue to meet the applicable Eligibility Requirements. (b) If during the Term you move from or sell an Eligible Address and are no longer the NSP account-holder at that address, and you are not relocating to a new Eligible Address or do not have sufficient subscription capacity an another Eligible Address, before moving you must either: i. Sell or transfer the relevant portion of your CSG Allocation in accordance with Section 6.2. If requested by you, we will use commercially reasonable efforts for up to one hundred eighty (180) days to assist you in this process; or ii. Cancel the relevant portion of your CSG Allocation pursuant to Section 10.1 (a)(iii) below. (c) You are obligated to maintain compliance with the applicable Eligibility Requirements and to notify us if you plan to be out of compliance. You acknowledge that your failure to maintain compliance with the applicable Eligibility 8 Requirements may result in NSP not paying you Bill Credits and our cancellation of the relevant CSG Allocation. (d) This Agreement confers to us no right to interfere with, or require our consent to, your sale or transfer of your real property. ARTICLE 7 FINANCING 7.1 Consent. We may, without your prior consent, in whole or in part, (i) assign, mortgage, pledge or otherwise collaterally assign our interests in this Agreement and the Project to any Financing Party, (ii) directly or indirectly assign this Agreement and the Project to a Project Owner or an affiliate or subsidiary of ours, (iii) assign this Agreement and the Project to any entity through which we are obtaining financing or capital for the Project; and (iv) assign this Agreement and the Project to any person succeeding to all or substantially all of our assets. In the event of any such assignment (other than a collateral assignment), we shall be released from all our liabilities and other obligations under this Agreement (only upon assumption of our obligations hereunder by the assignee). However, any assignment of our rights and/or obligations under this Agreement shall not result in any change to your rights and obligations under this Agreement. A Financing Party may assign its interest at any time, and without your consent, to another person or another Financing Party. If the Financing Party or its successor becomes the owner of our interest by foreclosure or otherwise, it may sell or transfer that interest to any third party without your consent. 7.2 Changes. You acknowledge that we may obtain construction and long-term financing from one or more Financing Parties. Both Parties agree in good faith to consider and to negotiate changes or additions to this Agreement that may be reasonably requested by the Financing Parties; provided, that such changes do not alter the fundamental economic terms of this Agreement. In connection with any assignment by us (or the Financing Parties, as described below), you agree to execute any consent, estoppel or acknowledgement in form and substance reasonably acceptable to such Financing Parties and Project Subscriber. If this Agreement applies to more than one Project, you also agree to execute a separate Agreement for each Project if requested by us in connection with such assignment. 7.3 Notice and Opportunity to Cure. You may not terminate or suspend your performance due to our Event of Default unless you have given the Financing Parties prior written notice of your intent to so terminate or suspend this Agreement. In your notice you will describe the circumstances giving rise to our default, and provide the Financing Parties with the opportunity to cure the default within thirty (30) days after receipt of such notice or any longer period provided for in this Agreement. If our default reasonably cannot be cured by the Financing Parties within the period provided and the Financing Parties commence and pursue to cure of such default within that period, the period for cure will be extended for a reasonable period of time under the circumstances, but not to exceed an additional sixty (60) days. The Parties’ respective obligations under this Agreement will otherwise remain in effect during the cure period. If the Financing Parties or an assignee (including any buyer or transferee) acquires title to or control of our assets and within the applicable time periods cures all defaults under this Agreement existing as of the date of such change in control in the manner required by this Agreement and which are capable of cure by a third party or entity, then such Financing Parties or third party transferee will no longer be in default under this Agreement, and this Agreement will continue in full force and effect. 9 ARTICLE 8 PRIVACY; CONFIDENTIALITY; PUBLICITY 8.1 Subscriber Data. Other than in accordance with the Agency Agreement, Owner will not disclose Project Subscriber’s Account Information, Subscriber Energy Usage Data, Bill Credits or any other personal information of Project Subscriber to any person except (i) to NSP, to the extent required by Applicable Laws or the SRC Contract, for the purpose of administration of the Project, Project CSG eligibility, and Project Subscriber CSG eligibility; (ii) to attorneys, accountants, advisors, and agents of Owner to the extent necessary for them to render advice or perform professional services associated with the Project or this Agreement; (iii) as otherwise required by Applicable Laws. 8.2 Publicity. The Parties shall coordinate and cooperate with each other when making public announcements related to the execution and existence of this Agreement or related to Project Subscriber’s participation in a Project, and each Party shall have the right to promptly review, comment upon and approve any publicity materials, press releases or other public statements by the other Party that refer to, or that describe any aspect of, this Agreement. Notwithstanding the foregoing, the Parties agree to the use each other’s logos in their respective marketing materials. ARTICLE 9 DISPUTE RESOLUTION 9.1 NSP Disputes. (a) Any dispute or question which you have with respect to the application by NSP of the Bill Credits to your retail electric bill, in particular the applicable Bill Credit Rate that NSP used to determine the amount of your Bill Credits, shall be directed by you to NSP for resolution. You may request that Owner assist you in this respect. You acknowledge that your obligation to make your Subscription Payments s is independent of the amount of your Bill Credits. (b) All disputes arising with respect to the contract between NSP and Owner shall be resolved by negotiation and, in the absence of a resolution, by the Minnesota Public Utilities Commission (“MPUC”), as per the SRC Contract. Any issue or dispute identified by you with respect to NSP’s actions with respect to the Project or the Bill Credits other than as described in Section 9.1(a) shall be referred to Owner. If the dispute or question is not resolved to the Project Subscriber’s satisfaction, you have the right to refer the issue directly to the MPUC at the following address: Minnesota Public Utilities Commission 121 7th Place East, Suite 350 St. Paul, MN 55101 Tel: (651) 296-7124 Toll free: (800) 657-3782 Fax: (651) 297-7073 consumer.puc@state.mn.us 9.2 Disputes between Parties. 10 (a) Any dispute or issue a Party may have arising from or related to this Agreement, which are not resolved by communications between Project Subscriber and Owner representatives in person, over the phone, or electronically shall be submitted to the other Party in writing. Each Party shall assign an officer or senior management executive to address or negotiate a resolution with the other Party. The Parties agree to attempt to reach a resolution of such dispute within ten (10) days or such longer period as the Parties may agree. (b) We shall perform any calculation called for hereunder and do so in a commercially reasonable manner and in accordance with industry accepted standards. Any dispute regarding the results of any such calculation shall be resolved by having an independent consultant having nationally recognized credentials, such as Navigant Consulting, Inc. or Leidos, Inc., perform the calculation at the disputing party’s expense. Such consultant’s results shall be binding on the Parties absent manifest error. (c) Any dispute arising from or relating to this Agreement not resolved by the Parties under Section 9.2(a)-(b) above shall be arbitrated in Minneapolis, MN. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. ARTICLE 10 CANCELLATION EVENTS; EVENTS OF DEFAULT; REMEDIES 10.1 Cancellation Events. (a) You may cancel all or part of your CSG Allocation relating to a particular Project to the extent that: i. Construction of that Project is not completed within thirty-six (36) months of our receipt of NSP determining that Project’s CSG application is complete, as extended by Force Majeure, and additional Project capacity does not exist; ii. That Project becomes ineligible, in whole or in part, as a CSG during the Term and the related SRC Contract is terminated, and additional Project capacity does not exist; or iii. You become aware that, due to relocation or other material changes, your CSG Allocation will no longer satisfy the applicable Eligibility Requirements and you elect not to sell or transfer, or cannot sell or transfer, your CSG Allocation to another eligible NSP customer. (b) We may cancel all or part of your CSG Allocation relating to a particular Project to the extent that: i. You fail to meet the applicable Eligibility Requirements at any time during the Term; ii. Your CSG Allocation is transferred by operation of law as defined in Section 10.7 to an ineligible person or entity and is not sold to an eligible transferee within the time provided; iii. Prior to the start of Project construction, we are not able to confirm your creditworthiness; or 11 iv. Prior to the start of Project construction, we determine to terminate the development of Project(s) for which your CSG Allocation relates, and additional Project capacity does not exist. (c) Cancellation will be effective upon written notice by the cancelling Party to the other Party, including a description of the circumstances giving rise to the Cancellation Event and the specific portion of CSG Allocation canceled. 10.2 Events of Default. Each of the following events shall be an Event of Default under this Agreement: (a) A Party breaches any material representation or warranty or fails to perform a material obligation set forth in this Agreement and does not cure such breach or failure within thirty (30) days of written notice of the breach from the non-defaulting Party. (b) With respect to Project Subscriber, failure to make any Subscription Payments when due, and failure to cure the default within twenty (20) days after written notice of such failure from Owner. 10.3 Cancellation Remedies. (a) In the case of a cancellation pursuant to Sections 10.1(a)(i) or (ii) or 10.1(b)(iii) or (iv), you will owe nothing with respect to the amount of CSG Allocation cancelled. (b) In the case of a cancellation pursuant to Sections 10.1(a)(iii) or 10.1(b)(i) or (ii) (each, a “Covered Cancellation Event”), you will be responsible for paying the Cover Cost Amount, if any, with respect to the amount of CSG Allocation cancelled, subject to the following: i. We will use commercially reasonable efforts for up to one hundred eighty (180) days after such cancellation (“Cancellation Replacement Period”) to secure one or more Eligible Transferee who will subscribe to the entire cancelled portion of your CSG Allocation at no less than your Subscription Agreement Rate. If we are successful, your Cover Cost Amount will be zero. ii. To the extent during the Cancellation Replacement Period we are unsuccessful in securing one or more Eligible Transferees who will subscribe to the entire cancelled portion of your CSG Allocation, the Unsubscribed Energy rate provided for in the CSG Tariff will be used in lieu of a transferee Subscription Agreement Rate for purposes of determining the Cover Cost Amount. (c) During the Cancellation Replacement Period and before paying any Cover Cost Amount or other cancellation related amounts, you will be responsible for making Subscription Payments s that will be deemed to equal the full amount of your Subscription Payments s had no cancellation occurred. (d) At the end of the Cancellation Replacement Period, we will determine the Cover Cost Amount and other amounts owing by you and provide you written notice of same. These amounts will become due and payable by you within twenty (20) days of your receipt of this notice. 12 (e) After paying the Cover Cost Amount, your remaining Subscription Payments s will reflect your appropriately reduced CSG Allocation. (f) You will be responsible for reimbursing us for any costs we reasonably incur in identifying an Eligible Transferee who will subscribe to the cancelled portion of your CSG Allocation and in the execution of related documentation. (g) Upon cancellation of the entire CSG Allocation, we may terminate this Agreement in its entirety. 10.4 Default Remedies. In the event a defaulting Party fails to cure an Event of Default within the applicable cure period, the non-defaulting Party may: (a) With respect to an Event of Default by Project Subscriber: i. We may terminate this Agreement immediately by notifying you in writing. ii. We may direct NSP to remove you as a subscriber with respect to the Project, and you will no longer receive Bill Credits associated with the CSG Allocation. iii. You will owe the Cover Cost Amount, if any. 1. We will use commercially reasonable efforts for sixty (60) days after your Event of Default (“Default Replacement Period”) to secure one or more Eligible Transferee who will subscribe to your entire CSG Allocation at no less than your Subscription Agreement Rate. If we are successful, your Cover Cost Amount will be zero. 2. To the extent during the Default Replacement Period we are unsuccessful in securing one or more Eligible Transferee who will subscribe to your entire CSG Allocation, the Unsubscribed Energy rate provided for in the CSG Tariff will be used in lieu of a transferee Subscription Agreement Rate for purposes of determining the Cover Cost Amount. iv. You will owe an amount equal to the Subscription Payments s that would have been payable by you during the Default Replacement Period absent the Event of Default. v. At the end of the Default Replacement Period, we will determine the Cover Cost Amount and other default-related amounts owing by you and provide you with written notice of same. These amounts will become due and payable immediately by you upon your receipt of this notice. vi. You will be responsible for reimbursing us for any costs we reasonab ly incurred in attempting to identify an Eligible Transferee and in the execution of related documentation. vii. Upon termination of this Agreement, we shall have no further obligations to you hereunder. (b) With respect to an Event of Default by Owner: i. Prior to the COD of the final Project, you may terminate this Agreement at any time by notifying us in writing. ii. After the COD of the final Project, you may terminate this Agreement only if our default results in your CSG Allocation not producing any Subscribed Energy for one hundred eighty (180) consecutive days or more. iii. Upon termination, you shall have no further obligation to us except for obligations arising or accruing prior to termination. 13 10.5 No Consequential Damages. No Party shall be liable to the other Party for any indirect, special, punitive, exemplary, incidental, or consequential damages, whether arising in contract, tort, under statute, or in equity, and each Party waives its rights to any such damages. In no event will the Cover Cost Amount constitute, or be deemed to constitute, indirect, special, punitive, exemplary, incidental, or consequential damages. 10.6 No Warranty; Exclusive Remedies. NO WARRANTY OR REMEDY, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE SHALL APPLY. The remedies set forth in this Agreement shall be the Parties’ sole and exclusive remedies for any claim or liability arising out of or in connection with this Agreement, whether arising in contract, tort (including negligence), strict liability or otherwise. 10.7 Involuntary Transfers. Upon transfer of title or control of the Eligible Address or your CSG Allocation, or portion thereof, due to bankruptcy, foreclosure or operation of law for other reasons, you or the transferee must notify Owner immediately. During any period of time in which a trustee, receiver, or creditor is in possession of the Eligible Address and assumes responsibility as the account-holder with NSP at the Eligible Address, such transferee shall be deemed to have succeeded to your rights and obligations under this Agreement at the Eligible Address during the period of its possession. Upon the transfer of title to the property at the Eligible Address and the CSG Allocation to a creditor or other third party, the transferee shall notify Owner of the transfer. If the transferee(s) meet all relevant Eligibility Criteria, the transfer shall be treated as a sale or transfer of the CSG Allocation to such transferees upon completion of the conditions set forth in Section 6.2. If the transferee does not meet the transfer conditions, then the transferee(s) shall be required immediately to sell or transfer the CSG Allocation or applicable portion to an eligible buyer in accordance with Section 6.2. ARTICLE 11 MISCELLANEOUS 11.1 Notices. Notices, or other documents required or permitted by this Agreement must be given by personal delivery, reputable overnight courier, email, or U.S. certified mail postage prepaid and shall be sent to the respective parties at the address listed on the first page of this Agreement. Notice shall be deemed delivered (i) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours, (ii) upon the date of actually delivery or refusal shown on the courier’s delivery receipt if sent by overnight courier, and (iii) on the fourth business day after deposit in the U.S. mail if sent by certified mail. Any party may change the address for notice by notice to the other party. 11.2 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any duty to, or standard of care with reference to, or liability to, any person not a party to this Agreement. Excepting the rights of Financing Parties and assignees expressly provided for herein, no provision of this Agreement is intended to nor shall it in any way provide any rights to any third party or inure to the benefit of any third party so as to constitute any such person a third party beneficiary under this Agreement, or of any one or more of the terms of this Agreement, or otherwise give rise to any cause of action in any person not a party to this Agreement. 11.3 Entire Agreement; Amendments. It is mutually understood and agreed that this Agreement, and the Exhibits attached hereto, constitutes the entire agreement between Project Subscriber and Owner and supersedes any and all prior oral or written understandings, 14 representations or statements, and that no understandings, representations or statements, verbal or written, have been made which modify, amend, qualify or affect the terms of this Agreement. This Agreement may not be amended except in a writing executed by both parties; provided, however, that, Owner may amend Project and Project Site information and allocate your CSG Allocation among Projects and Project Sites (prior to relevant CODs) without Project Subscriber’s prior consent. 11.4 Governing Law. This Agreement is made in Minnesota and shall be governed by the laws of the State of Minnesota. 11.5 SRC Contract and CSG Tariff. This Agreement contains summaries of, and makes reference to, certain provisions of the SRC Contract and CSG Tariff. While we believe these summaries and references to be accurate and fair, any conflict between such summaries and references shall be resolved in favor of the relevant provisions contained in SRC Contract and CSG Tariff. You are urged to review these documents. 11.6 Waiver. Neither Party shall be deemed to have waived any provision of this Agreement or any remedy available to it unless such waiver is in writing and signed by the Party against whom the waiver would operate. Any waiver at any time by either Party of its rights with respect to any matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent or other matter. 11.7 Relationship of Parties. The duties, obligations and liabilities of each of the Parties are intended to be several and not joint or collective. This Agreement shall not be interpreted or construed to create an association, joint venture, fiduciary relationship or partnership between the Parties or to impose any partnership obligation or liability or any trust or agency obligation or relationship upon either Party. Owner and Project Subscriber shall not have any right, power, or authority to enter into any agreement or undertaking for, or act on behalf of, or to act or be an agent or representative of, or to otherwise bind, the other Party. 11.8 Severability. Should any provision of this Agreement be or become void, illegal or unenforceable, the validity or enforceability of the other provisions of the Agreement shall not be affected and shall continue in full force. The Parties will, however, use commercially reasonable efforts to agree on the replacement of the void, illegal or unenforceable provisions with legally acceptable clauses which correspond as closely as possible to the sense and purpose of the affected provision and the Agreement as a whole. 11.9 Counterparts. This Agreement may be executed in two or more counterparts and by different parties on separate counterparts, all of which shall be considered one and the same agreement and each of which shall be deemed an original. 11.10 Data Practices. Owner or applicable Project Owner must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by Project Subscriber pursuant to this Subscription Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Owner or applicable Project Owner pursuant to this Subscription Agreement. Owner or applicable Project Owner is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Owner or applicable Project Owner receives a request to release data, Owner or applicable Project Owner must immediately notify Project Subscriber. Project Subscriber will give Owner or applicable Project Owner instructions concerning the release of the data to the requesting party before the data is released. Owner or applicable Project Owner agrees to 15 defend, indemnify, and hold Project Subscriber, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Owner’s or applicable Project Owner’s officers’, agents’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Subscription Agreement. . (SIGNATURE PAGES TO FOLLOW) 16 City of Eagan By: ________________________________ Mike Maguire Its: Mayor Date: _______________________________ By: ________________________________ Christina M. Scipioni Its: Clerk Date: _______________________________ Walcott Solar LLC By: ________________________________ Printed Name: ________________________ Its: _____________________________ Date: ____________________________ 17 EXHIBIT A DEFINITIONS 1. Applicable Laws. Any law, statute, rule, regulation, ordinance, order (including orders issued by the MPUC), tariff, judgment, or other legally binding restriction or ruling issued by a governmental authority which is applicable to the Project, Owner, Subscribers, CSGs or this Agreement. 2. Bill Credit Rate. A dollar amount per kilowatt-hour reflected in the CSG Tariff with respect to specific classes of NSP customers to be used for determining a Subscriber’s Bill Credit. 3. Cancellation Event. One or more event described in Section 10.1(a)-(b). 4. Cover Cost Amount. (a) With respect to a sale or transfer by you pursuant to Section 6.2, the positive difference, if any, of: i. the net present value (using a discount rate of 4%) of the projected payments by you over the Term post-transfer with respect to the transferred portion of your CSG Allocation, had this Agreement remained unchanged for the remaining Term (plus any other amounts previously accrued and owed by you); minus ii. the net present value (using a discount rate of 4%) of the projected payments to be made by your transferee with respect to the transferred portion of your CSG Allocation over the remaining Term. (b) With respect to a Covered Cancellation Event, the positive difference, if any, of: i. the net present value (using a discount rate of 4%) of the projected payments by you over the Term post-cancellation with respect to the cancelled portion of your CSG Allocation, had this Agreement remained unchanged for the entire Term (plus any other amounts previously accrued and owed by you); minus ii. the net present value (using a discount rate of 4%) of the projected payments to be made by an Eligible Transferee (or, as applicable, by NSP for the Unsubscribed Energy associated with the portion CSG Allocation not transferred) with respect to the cancelled portion of your CSG Allocation over the remaining Term. (c) With respect to an Event of Default by you, the positive difference, if any, of: i. the net present value (using a discount rate of 4%) of the projected payments by you over the Term post-default, had this Agreement remained unchanged with respect to your entire CSG Allocation for the entire Term (plus any other amounts previously accrued and owed by you); minus ii. the net present value (using a discount rate of 4%) of the projected payments to be made by an Eligible Transferee (or, as applicable, by NSP for the Unsubscribed Energy associated with the portion CSG Allocation not transferred) with respect to the entire CSG Allocation over the remaining Term. 5. CSG Tariff. The Solar Rewards Community Program tariff of NSP’s rate book, as amended or updated and any successor thereto. 18 6. Eligible Address. A Subscriber’s NSP service address that meets the Eligibility Requirements. 7. Eligible Transferee. A person or entity who meets the applicable Eligibility Requirements and meets the conditions set for in Section 6.2(a)-(e) 8. Financing Party. A person or persons providing construction or permanent financing in connection with construction, ownership, operation and maintenance of the Project, or if applicable, any person to whom the ownership interest in the Project has been transferred, subject to a leaseback of the Project from such person. 9. JAMS. JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. 10. MPUC. Minnesota Public Utilities Commission. 11. NSP. Northern States Power Company, a wholly owned subsidiary of Xcel Energy Inc. 12. Subscription Agreement Rate. A dollar amount per kilowatt-hour with respect to the Subscribed Energy produced by Project Subscriber’s CSG Allocation, as set forth in Section 1.5(a), used for determining Project Subscriber’s Subscription Payments. 13. Taxes. Any federal, state, or local ad valorem, property, occupation, generation, privilege, sales, use, consumption, excise, or transaction tax, other taxes, regulatory fees, surcharges, or other similar charges, but does not include any income taxes imposed on Owner for payments made by you and received by us under this Agreement. Any conflict in the meaning of a term used both herein term and in the SRC Contract shall be resolved in favor of the meaning given to such term in the SRC Contract. 19 EXHIBIT B PROJECT(S) AND PROJECT SITE(S) Walcott Solar, LLC 24230 Albers Ave, Faribault, MN 55021 SRC 041077 SRC 041078 SRC 041079 SRC 041080 EXHIBIT C BILL CREDIT TYPES, CUSTOMER ACCOUNTS, AND SUBSCRIBER RATE Account Number: Premise Number: Account Type: 51-6563391-0 302816400 General Service 51-6563391-0 302468868 Small General Service 51-6563391-0 302946028 General Service Subscription rate: $0.1238/kWh increasing annually by 0.0% Bill Credit Value. We make no representation or warranty as to the likelihood that any Bill Credits will create any specific amount of economic benefit at any time or over any period of time or over the Term of this Agreement as a whole, or that the Bill Credits will create a positive economic benefit to you. The estimate of potential benefits contained herein are based on a number of assumptions about estimated Subscribed Energy Bill Credit Rates, Applicable Laws currently in place, NSP’s retail electrical rates, and a number of other factors beyond the control of Owner. Any estimate by Owner herein or elsewhere given to Project Subscriber as to any expected benefit to Project Subscriber from the Bill Credits at any time or over any period of time is pur ely an estimate based on the information available to Owner and related assumptions at the time and is not a guarantee that any positive economic benefit will accrue to Project Subscriber from the Bill Credits or that any specific amount of benefits will accrue to Project Subscriber at any time, or over any period of time, or over the Term of the Agreement. 20 EXHIBIT D ESTIMATE OF SUBSCRIBED ENERGY Production. Owner makes no representation or warranty as to the likelihood that the Project will generate any specific amount of electricity or sufficient electricity so as to create any specific or minimum Bill Credits to Project Subscriber during any period of time or over the Term of the Agreement as a whole. The production estimate described herein is based on a number of assumptions about expected solar insolation at the Project Site, and performance of the modules and other Project equipment, the accuracy of production estimating software and other factors affecting possible production which are not within the control of Owner. Circumstances experienced at the Project will deviate from historical data and other assumptions and projections. The actual production of energy of electricity by the Project and delivery of energy, including Subscribed Energy, by the Project is also subject to lack of sunlight, other adverse weather, equipment failures, curtailments or outages by NSP, Force Majeure events, and other events beyond the control of Owner. The production estimate and any other estimate communicated by Owner to Project Subscriber of expected energy production from the Project at any time or over any period of time is purely an estimate based on the information available to Owner at the time and is not a guarantee that any such production will occur or that any particular amount of Subscribed Energy will be received by Project Subscriber at any time or over any period of time, including the Term of this Agreement. 21 EXHIBIT E SUBSCRIPTION AGREEMENT RATE SCHEDULE Production Month General Service Accounts 1 - 12 $0.1238/kWh 13 - 24 $0.1238/kWh 25 - 36 $0.1238/kWh 37 - 48 $0.1238/kWh 49 - 60 $0.1238/kWh 61 - 72 $0.1238/kWh 73 - 84 $0.1238/kWh 85 - 96 $0.1238/kWh 97 - 108 $0.1238/kWh 109 - 120 $0.1238/kWh 121 - 132 $0.1238/kWh 133 - 144 $0.1238/kWh 145 - 156 $0.1238/kWh 157 - 168 $0.1238/kWh 169 - 180 $0.1238/kWh 181 - 192 $0.1238/kWh 193 - 204 $0.1238/kWh 205 - 216 $0.1238/kWh 217 - 228 $0.1238/kWh 229 - 240 $0.1238/kWh 241 - 252 $0.1238/kWh 253 - 264 $0.1238/kWh 265 - 276 $0.1238/kWh 277 - 288 $0.1238/kWh 289 - 300 $0.1238/kWh 22 EXHIBIT F FORM OF SRC CONTRACT This is a standard contract from Xcel (template can be found on Xcel’s website at https://www.xcelenergy.com/staticfiles/xe/Marketing/Files/MN-SRC-Standard-Contract.pdf). To be executed and inserted as Projects near construction. 23 EXHIBIT G FORM OF AGENCY AGREEMENT This is a standard contract from Xcel (template can be found on Xcel’s website at https://www.xcelenergy.com/staticfiles/xe/Marketing/Files/MN-SRC-Subscriber-Agency- Agreement.pdf). To be executed and inserted as Projects near construction. 24 EXHIBIT H PROJECT SUBSCRIBER DATA 1. Project Subscriber (name as shown on NSP account): EAGAN COMMUNITY CENTER EAGAN CITY OF 2. NSP service address (Eligible Addresses): 1501 CENTRAL PKWY EAGAN MN 3. NSP account number: 51-6563391-0 © Copyright 2017 United States Solar Corporation Owner Tiered Rate Subscription Agreement This Subscription Agreement (this “Agreement”) is entered into by and between Walcott Solar, LLC (together with its successors and assignees, “Owner” or “we”) and the Subscriber described below (together with any permitted transferees, “Project Subscriber” or “you”) (each a “Party” and collectively the “Parties”) and is effective as of the date signed by the Parties (the “Effective Date”). Project Subscriber: Owner: Name and Address City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Name and Address Warsaw Solar, LLC 24950 Farwell Ave. Morristown, MN 55052 Phone (651) 675-5506 Phone 612-299-1488 E-mail apimental@cityofeagan.com E-mail Doran.hole@renesolapower.com Premises and Account Numbers See Exhibit C Community Solar Garden Allocation An amount expected to produce up to 433,000 kWh, equal to 20% of Project Subscriber's average annual electricity consumption (“AAEC”) (net of any other distributed generation resources serving a relevant Premises) over the prior twenty-four (24) months with respect to its eligible Account and Premises numbers, allocated to multiple projects. This Agreement sets forth the terms and conditions of your subscription to the Community Solar Garden(s) described in Exhibit B (individually and collectively, as context requires, a “Project”) and installed at the Community Solar Garden Site(s) described in Exhibit B (individually and collectively, as context requires, a “Project Site”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Standard Contract for Solar Rewards Community contract (“SRC Contract”). The exhibits listed below are incorporated by reference and made part of this Agreement. Exhibit A Definitions Exhibit B Project(s) and Project Site(s) Exhibit C Bill Credit Types, Customer Accounts, and Subscriber Rate Exhibit D Estimate of Subscribed Energy Exhibit E Subscription Agreement Rate Schedule Exhibit F Form of SRC Contract Exhibit G Form of Agency Agreement Exhibit H Project Subscriber Data 2 ARTICLE 1 SUBSCRIPTION 1.1 Subscribing to Project Capacity. You are subscribing to the Community Solar Garden Allocation (“CSG Allocation”) identified for each Project on the front page of this Agreement on the terms and conditions set forth herein. 1.2 Bill Credit Value. As more fully detailed in the SRC Contract, your CSG Allocation entitles you to receive a Bill Credit against your monthly retail electrical bill equal to the product of (i) the amount of your Subscribed Energy for each Production Month, and (ii) your applicable Bill Credit Rate. Bill Credits are the dollar amounts paid by NSP to you as a credit on your retail electric bill to compensate you for your beneficial share of the solar electricity produced by the Project and delivered to NSP from the Project. 1.3 Bill Credit Rate. Bill Credit Rates are found in the CSG Tariff. The Bill Credit Rates in effect as of the Effective Date are as follows: Your Bill Credit Rate will be updated annually (or otherwise as provided by order of the MPUC) during the Term only to reflect any updates in the applicable retail rate (labeled the “Standard” rate in the chart above) with respect to your customer class, as reflected in the CSG Tariff. The amount of the CSG “Enhanced” rate premium over the Standard rate reflects the value of the Project’s RECs sold and delivered by us to NSP. Per the CSG Tariff, the amount of CSG “Enhanced” rate premium over the Standard rate will not change over the Term. Please see Exhibit C for your account by account Bill Credit Type and Subscriber Rate. 1.4 Subscribed Energy. The estimated amount of Subscribed Energy produced by your CSG Allocation over the Term is set forth in Exhibit D. 1.5 Subscription Agreement Rate and Payments. (a) Your Subscription Agreement Rate for each Project for each Production Month shall be equal to the rate shown on Exhibit E. Please see Exhibit C for additional details about Bill Credit types, customer accounts, and Subscriber Rate. (b) The monthly payment amount you owe to Owner (each, a “Subscription Payments”) is equal to the product of (i) your Subscribed Energy produced in a given Production Month, and (ii) your Subscription Agreement Rate. 3 (c) Subscription Payments will be invoiced monthly, beginning the first month after the Date of Commercial Operation (“COD”) of each particular Project, and you agree to make the full monthly Subscription Payments within thirty-five (35) days of receiving our invoice. (d) Delinquent Payments. If Project Subscriber fails to pay any amount due Owner hereunder, in full, by the scheduled due date, Project Subscriber will be charged interest on the outstanding balance accruing at the rate of five percent (5%) per annum until the balance is paid in full. (e) Electronic Funds Transfer. At Owner’s request, and unless Project Subscriber does not have an account or other suitable arrangement, the Subscription Payment due to Owner under this Agreement shall be paid by check. Subject to applicable confidentiality and data security provisions with respect to Project Subscriber’s account information and other private data, Project Subscriber agrees to execute any documents necessary to authorize Owner to withdraw Subscription Payments from Project Subscriber’s designated account on a monthly basis either on an automated basis 20 days after the date of the invoice, or at an earlier date selected by Project Subscriber. If Owner fails to pay any amount due to Project Subscriber hereunder, in full, by the scheduled due date, Owner will be charged interest on the outstanding balance accruing at the rate of five percent (5%) per annum until the balance is paid in full. 1.6 No Additional Funds. The Subscription Payments s represent full payment by you for your CSG Allocation subscription, and we shall not have any right to compel you to advance or pay any additional funds for the construction or maintenance of the Project or your CSG Allocation. 1.7 Ownership Limitation. Project Subscriber is not purchasing, and Owner is not selling or transferring to Project Subscriber: (a) Any ownership or lien in any specific modules or tangible component of the Project; (b) Any ownership or membership interests or rights in Owner or any entity which owns or may subsequently own the Project (for each Project, a “Project Owner”) or any financial rights or distributions associated with such ownership; (c) Any right to any payment by NSP to Owner or the Project Owner with respect to Unsubscribed Energy; (d) Any right to manage, direct, control or operate the Project, Owner or Project Owner; or (e) Any RECs produced by the Project or any payment by NSP to Owner or Project Owner with respect to the RECs. 1.8 Term. The term of the Agreement (“Term”) shall begin on the Effective Date and shall end, with respect to each Project, twenty-five years after the COD of such Project unless otherwise provided for in this Agreement or to allow for any extension provided under the related SRC Contract. ARTICLE 2 STANDARD CONTRACT FOR SOLAR REWARDS COMMUNITY 2.1 SRC Contract. With respect to each Project, Owner or the applicable Project Owner will enter into the SRC Contract once offered by NSP. Please see Exhibit F for the form of SRC Contract. Among other things, the SRC Contract provides for the following: 4 (a) Owner acting as the Community Solar Garden Operator; (b) Sale and delivery to NSP of all electricity and RECs generated by the Project for a term of twenty five (25) years; (c) Allocation to Subscribers by NSP of Bill Credits in exchange for delivery by Owner, or the applicable Project Owner, of the electricity and RECs generated by the Project; and (d) Owner ensuring compliance with the Community Solar Garden Statutory Requirements (“Eligibility Requirements”), which include eligibility requirements relating to both the Project and Subscribers. 2.2 Subscriber Agency Agreement and Consent Form. Attached to the SRC Contract is a Subscriber Agency Agreement and Consent Form (“Agency Agreement”) that you will be required to sign. Please see Exhibit G for the form of Agency Agreement. Among other things, the Agency Agreement provides for the assignment of energy and RECs to NSP and provides information regarding the following: (a) Data access, control, and disclosure; (b) Contacting NSP about certain questions regarding your Bill Credits; and (c) Contacting Owner about questions regarding this Agreement, NSP’s data policies, and Project-related items. ARTICLE 3 ELIGIBILITY AND EXCESS BILL CREDIT PURCHASE 3.1 Eligibility Data. You acknowledge that the account data contained in Exhibit H is complete and accurate and that Owner may use the data for purposes of confirming your conformance with the applicable Eligibility Requirements. You agree to provide Owner and the applicable Project Owner with any additional information we request to determine, verify, or confirm your eligibility at any time during the Term. 3.2 Authorization to Access Data. You authorize Owner and the applicable Project Owner to use all eligibility data set forth in Exhibit H, as well as your electric bills for each Eligible Address for the most recent twenty-four (24) months, to assist Owner and the applicable Project Owner in confirming your eligibility. 3.3 Credit Information. Subject to the confidentiality and privacy provisions of Section 8.1, you agree to provide Owner with information reasonably necessary for Owner, the Project Owner, or its Financing Parties to confirm your creditworthiness. 3.4 Excess Bill Credit Purchase. As per the SRC Contract, any excess Bill Credits (i.e., Bill Credits in a billing period that exceed the amount you owe NSP for your regular retail service in that period) will be carried forward and credited against all charges for at least a twelve (12) month cycle. Under the SRC Contract, NSP will be required to purchase from you all such Bill Credits with the billing statement that includes the last day of February and restart the credit cycle the following period with a zero credit balance. ARTICLE 4 OWNER RESPONSIBILITIES 4.1 Design and Implementation. We agree to develop, design, finance and construct the Project(s), including, but not limited to, site acquisition, the filing of interconnection 5 applications and procurement of an interconnection agreement with NSP, the selection and procurement of Project components, and the installation and testing of all Project components. 4.2 Application Process. We shall submit each Project to NSP for approval as a Community Solar Garden (“CSG”) in accordance with the CSG Tariff and shall provide all information required by NSP to determine the completeness of our application and technical viability of each Project. Once offered by NSP, we (or the applicable Project Owner) shall enter into the SRC Contract, interconnection agreement, and other agreements with NSP that may be necessary to qualify each Project as a CSG and for the Project to operate and deliver energy to NSP. 4.3 Timeliness. In keeping with the time requirements set forth in the SRC Contract, we shall use commercially reasonable efforts to finish construction and installation of each particular Project within twenty four (24) months after NSP has deemed complete our CSG application with respect to such Project. 4.4 Eligibility Compliance. Owner is responsible for confirming compliance with the Eligibility Requirements, including verification of the eligibility information you have provided to Owner. 4.5 Maintenance. We will maintain the Project in a prudent manner and in accordance with industry standards throughout the Term. We will provide you with notice of any material repair or replacement event that is reasonably anticipated to exceed one hundred eighty (180) days. ARTICLE 5 FURTHER INFORMATION 5.1 Unsubscribed Energy. Unsubscribed Energy will be purchased by NSP from the Project in accordance with the SRC Contract and Applicable Laws. 5.2 Reserves. Owner has or will have adequate funds available for use to maintain the Project and pay Project operating expenses such as taxes, maintenance, insurance, and management services for the Term. 5.3 Other Agreements and Documents. (a) Upon your request we will provide the following when and as available: i. Copy of the SRC Contract between NSP and the Project Owner; ii. Copy of the solar module warranty; iii. Certificate(s) of insurance; and iv. Long-term maintenance plan. (b) We will provide you with any other information that you may request, or that we may be required to deliver, under the CSG Tariff. (c) You agree to sign an acknowledgment of receipt of any such materials, upon receipt of the materials. 5.4 Information Sharing. The Parties acknowledge the Agency Agreement contains certain provisions relating to “Subscriber Account Information” and “Subscriber’s Energy Use Data” and agree to adhere to those provisions. 6 5.5 Fair Disclosure. You acknowledge that, prior to entering into this Agreement and becoming a Subscriber, we fairly disclosed to you the future potential costs and benefits of your Subscription and provided you with a copy of the SRC Contract. Owner will comply with all other requirements of the MPUC and CSG Tariff with respect to communications with you. 5.6 Taxes. You recognize that neither we nor NSP makes any representations or warranties concerning the taxable consequences, if any, to you with respect to your Bill Credits, your Subscription Payments s, or your participation in the Project. We are responsible for paying the Minnesota Solar Energy Production Tax, if any, as in effect as of the Effective Date under Minnesota Statutes 272.0295. You are responsible to either pay or reimburse us for any and all other Taxes assessed on the generation, sale, delivery, or consumption of your Subscribed Energy or your Bill Credits. 5.7 Securities Laws. Neither we nor NSP makes any representations or warranties concerning the implication of any federal or state securities laws with respect to this Agreement or your CSG Allocation. Neither this Agreement nor your CSG Allocation has been registered under the Securities Act of 1933, as amended, or any state securities laws. Owner does not believe this Agreement or the CSG Allocation constitute a security governed by such laws but, in the event any such securities laws may apply, Project Subscriber represents that, as of the Effective Date, it is an “accredited investor” as that term is defined in Rule 501 of the Securities and Exchange Commission under the Securities Act of 1933, as amended. Project Subscriber agrees that it is not entering into this Agreement or acquiring the Bill Credits for the purpose of making a market in such interests or trading them on any securities market or equivalent thereof which might fall within the scope of such laws. You are urged to seek your own professional advice on these matters. ARTICLE 6 TRANSFERABILITY 6.1 General. This Agreement and your Bill Credits are your personal property. Your ability to continue to receive Bill Credits is dependent upon your continuing compliance with the applicable Eligibility Requirements and your payment of the Subscription Payments s. This Agreement and the Bill Credits are transferable only as set forth below. This Agreement and the Bill Credits are not transferable by you, whether voluntarily or by operation of law, at any time when you are in default under this Agreement, unless as approved by Owner. 6.2 Sale or Transfer to Other Eligible Subscribers. You may voluntarily sell or transfer this Agreement, or any portion of your CSG Allocation (but not less than the minimum set by Eligibility Requirements), for any reason (but not more than once in any twelve (12) month period) and to any person or entity who, at the time of the sale or transfer meets applicable Eligibility Requirements for the relevant Project(s). Any amounts you collect from a transferee in respect of your transfer of this Agreement, or any portion of your CSG Allocation, belongs to you. Neither Owner nor a Project Owner will have any claim or right to any such amounts you may receive. Your sale or transfer of your CSG Allocation for any Project is expressly conditioned upon: (a) Owner receiving at least ninety (90) days’ prior written notice identifying the prospective purchaser or transferee, providing the physical address at which it takes electric service from NSP, the NSP account number and all other information needed to determine its eligibility to be a Subscriber, as well as any other subscriptions in the relevant Project or other CSGs held by the proposed 7 transferee, and any solar facility owned or leased by the proposed transferee at the address associated with the proposed transfer; (b) Receipt by Owner of authorizations from the proposed transferee needed to access their NSP account data, and receipt by Owner of usage data at the proposed transferee’s address needed to calculate its historic electrical usage; (c) Determination by Owner that the proposed transferee is eligible to be a Subscriber in the relevant Project and that its participation as a Subscriber will not cause the Project to fail any Eligibility Requirement or otherwise fail to comply with any Applicable Laws or contractual obligations to NSP; (d) The proposed transferee’s (i) express written assumption of this Agreement or execution and delivery of a new subscription agreement with Owner as to the CSG Allocation on terms acceptable to Owner, including the cure of any prior defaults arising under this Agreement; and (ii) execution of an Agency Agreement or any other document reasonably required by Owner or NSP to effectuate the transfer and maintain compliance with the Eligibility Requirements; (e) The proposed transferee meeting our credit requirements, which credit requirements shall not be unreasonable; and (f) Owner receiving any applicable Cover Cost Amount from Project Subscriber. Owner shall notify NSP of any such transfer so that NSP may change the applicable Subscriber benefits to apply to the transferee’s retail NSP electric account. 6.3 Relocation/Sale of Eligible Address. (a) If during the Term you move from an Eligible Address and are no longer the NSP account-holder at that address, you may transfer all or part of your CSG Allocation to another Eligible Address of yours (new or existing) conditioned on the following: i. You provide us with at least ninety (90) days’ notice of such transfer; and ii. We determine that the new address, including the prior electrical usage at that address, will allow for the transferred CSG Allocation to continue to meet the applicable Eligibility Requirements. (b) If during the Term you move from or sell an Eligible Address and are no longer the NSP account-holder at that address, and you are not relocating to a new Eligible Address or do not have sufficient subscription capacity an another Eligible Address, before moving you must either: i. Sell or transfer the relevant portion of your CSG Allocation in accordance with Section 6.2. If requested by you, we will use commercially reasonable efforts for up to one hundred eighty (180) days to assist you in this process; or ii. Cancel the relevant portion of your CSG Allocation pursuant to Section 10.1 (a)(iii) below. (c) You are obligated to maintain compliance with the applicable Eligibility Requirements and to notify us if you plan to be out of compliance. You acknowledge that your failure to maintain compliance with the applicable Eligibility 8 Requirements may result in NSP not paying you Bill Credits and our cancellation of the relevant CSG Allocation. (d) This Agreement confers to us no right to interfere with, or require our consent to, your sale or transfer of your real property. ARTICLE 7 FINANCING 7.1 Consent. We may, without your prior consent, in whole or in part, (i) assign, mortgage, pledge or otherwise collaterally assign our interests in this Agreement and the Project to any Financing Party, (ii) directly or indirectly assign this Agreement and the Project to a Project Owner or an affiliate or subsidiary of ours, (iii) assign this Agreement and the Project to any entity through which we are obtaining financing or capital for the Project; and (iv) assign this Agreement and the Project to any person succeeding to all or substantially all of our assets. In the event of any such assignment (other than a collateral assignment), we shall be released from all our liabilities and other obligations under this Agreement (only upon assumption of our obligations hereunder by the assignee). However, any assignment of our rights and/or obligations under this Agreement shall not result in any change to your rights and obligations under this Agreement. A Financing Party may assign its interest at any time, and without your consent, to another person or another Financing Party. If the Financing Party or its successor becomes the owner of our interest by foreclosure or otherwise, it may sell or transfer that interest to any third party without your consent. 7.2 Changes. You acknowledge that we may obtain construction and long-term financing from one or more Financing Parties. Both Parties agree in good faith to consider and to negotiate changes or additions to this Agreement that may be reasonably requested by the Financing Parties; provided, that such changes do not alter the fundamental economic terms of this Agreement. In connection with any assignment by us (or the Financing Parties, as described below), you agree to execute any consent, estoppel or acknowledgement in form and substance reasonably acceptable to such Financing Parties and Project Subscriber. If this Agreement applies to more than one Project, you also agree to execute a separate Agreement for each Project if requested by us in connection with such assignment. 7.3 Notice and Opportunity to Cure. You may not terminate or suspend your performance due to our Event of Default unless you have given the Financing Parties prior written notice of your intent to so terminate or suspend this Agreement. In your notice you will describe the circumstances giving rise to our default, and provide the Financing Parties with the opportunity to cure the default within thirty (30) days after receipt of such notice or any longer period provided for in this Agreement. If our default reasonably cannot be cured by the Financing Parties within the period provided and the Financing Parties commence and pursue to cure of such default within that period, the period for cure will be extended for a reasonable period of time under the circumstances, but not to exceed an additional sixty (60) days. The Parties’ respective obligations under this Agreement will otherwise remain in effect during the cure period. If the Financing Parties or an assignee (including any buyer or transferee) acquires title to or control of our assets and within the applicable time periods cures all defaults under this Agreement existing as of the date of such change in control in the manner required by this Agreement and which are capable of cure by a third party or entity, then such Financing Parties or third party transferee will no longer be in default under this Agreement, and this Agreement will continue in full force and effect. 9 ARTICLE 8 PRIVACY; CONFIDENTIALITY; PUBLICITY 8.1 Subscriber Data. Other than in accordance with the Agency Agreement, Owner will not disclose Project Subscriber’s Account Information, Subscriber Energy Usage Data, Bill Credits or any other personal information of Project Subscriber to any person except (i) to NSP, to the extent required by Applicable Laws or the SRC Contract, for the purpose of administration of the Project, Project CSG eligibility, and Project Subscriber CSG eligibility; (ii) to attorneys, accountants, advisors, and agents of Owner to the extent necessary for them to render advice or perform professional services associated with the Project or this Agreement; (iii) as otherwise required by Applicable Laws. 8.2 Publicity. The Parties shall coordinate and cooperate with each other when making public announcements related to the execution and existence of this Agreement or related to Project Subscriber’s participation in a Project, and each Party shall have the right to promptly review, comment upon and approve any publicity materials, press releases or other public statements by the other Party that refer to, or that describe any aspect of, this Agreement. Notwithstanding the foregoing, the Parties agree to the use each other’s logos in their respective marketing materials. ARTICLE 9 DISPUTE RESOLUTION 9.1 NSP Disputes. (a) Any dispute or question which you have with respect to the application by NSP of the Bill Credits to your retail electric bill, in particular the applicable Bill Credit Rate that NSP used to determine the amount of your Bill Credits, shall be directed by you to NSP for resolution. You may request that Owner assist you in this respect. You acknowledge that your obligation to make your Subscription Payments s is independent of the amount of your Bill Credits. (b) All disputes arising with respect to the contract between NSP and Owner shall be resolved by negotiation and, in the absence of a resolution, by the Minnesota Public Utilities Commission (“MPUC”), as per the SRC Contract. Any issue or dispute identified by you with respect to NSP’s actions with respect to the Project or the Bill Credits other than as described in Section 9.1(a) shall be referred to Owner. If the dispute or question is not resolved to the Project Subscriber’s satisfaction, you have the right to refer the issue directly to the MPUC at the following address: Minnesota Public Utilities Commission 121 7th Place East, Suite 350 St. Paul, MN 55101 Tel: (651) 296-7124 Toll free: (800) 657-3782 Fax: (651) 297-7073 consumer.puc@state.mn.us 9.2 Disputes between Parties. 10 (a) Any dispute or issue a Party may have arising from or related to this Agreement, which are not resolved by communications between Project Subscriber and Owner representatives in person, over the phone, or electronically shall be submitted to the other Party in writing. Each Party shall assign an officer or senior management executive to address or negotiate a resolution with the other Party. The Parties agree to attempt to reach a resolution of such dispute within ten (10) days or such longer period as the Parties may agree. (b) We shall perform any calculation called for hereunder and do so in a commercially reasonable manner and in accordance with industry accepted standards. Any dispute regarding the results of any such calculation shall be resolved by having an independent consultant having nationally recognized credentials, such as Navigant Consulting, Inc. or Leidos, Inc., perform the calculation at the disputing party’s expense. Such consultant’s results shall be binding on the Parties absent manifest error. (c) Any dispute arising from or relating to this Agreement not resolved by the Parties under Section 9.2(a)-(b) above shall be arbitrated in Minneapolis, MN. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. ARTICLE 10 CANCELLATION EVENTS; EVENTS OF DEFAULT; REMEDIES 10.1 Cancellation Events. (a) You may cancel all or part of your CSG Allocation relating to a particular Project to the extent that: i. Construction of that Project is not completed within thirty-six (36) months of our receipt of NSP determining that Project’s CSG application is complete, as extended by Force Majeure, and additional Project capacity does not exist; ii. That Project becomes ineligible, in whole or in part, as a CSG during the Term and the related SRC Contract is terminated, and additional Project capacity does not exist; or iii. You become aware that, due to relocation or other material changes, your CSG Allocation will no longer satisfy the applicable Eligibility Requirements and you elect not to sell or transfer, or cannot sell or transfer, your CSG Allocation to another eligible NSP customer. (b) We may cancel all or part of your CSG Allocation relating to a particular Project to the extent that: i. You fail to meet the applicable Eligibility Requirements at any time during the Term; ii. Your CSG Allocation is transferred by operation of law as defined in Section 10.7 to an ineligible person or entity and is not sold to an eligible transferee within the time provided; iii. Prior to the start of Project construction, we are not able to confirm your creditworthiness; or 11 iv. Prior to the start of Project construction, we determine to terminate the development of Project(s) for which your CSG Allocation relates, and additional Project capacity does not exist. (c) Cancellation will be effective upon written notice by the cancelling Party to the other Party, including a description of the circumstances giving rise to the Cancellation Event and the specific portion of CSG Allocation canceled. 10.2 Events of Default. Each of the following events shall be an Event of Default under this Agreement: (a) A Party breaches any material representation or warranty or fails to perform a material obligation set forth in this Agreement and does not cure such breach or failure within thirty (30) days of written notice of the breach from the non-defaulting Party. (b) With respect to Project Subscriber, failure to make any Subscription Payments when due, and failure to cure the default within twenty (20) days after written notice of such failure from Owner. 10.3 Cancellation Remedies. (a) In the case of a cancellation pursuant to Sections 10.1(a)(i) or (ii) or 10.1(b)(iii) or (iv), you will owe nothing with respect to the amount of CSG Allocation cancelled. (b) In the case of a cancellation pursuant to Sections 10.1(a)(iii) or 10.1(b)(i) or (ii) (each, a “Covered Cancellation Event”), you will be responsible for paying the Cover Cost Amount, if any, with respect to the amount of CSG Allocation cancelled, subject to the following: i. We will use commercially reasonable efforts for up to one hundred eighty (180) days after such cancellation (“Cancellation Replacement Period”) to secure one or more Eligible Transferee who will subscribe to the entire cancelled portion of your CSG Allocation at no less than your Subscription Agreement Rate. If we are successful, your Cover Cost Amount will be zero. ii. To the extent during the Cancellation Replacement Period we are unsuccessful in securing one or more Eligible Transferees who will subscribe to the entire cancelled portion of your CSG Allocation, the Unsubscribed Energy rate provided for in the CSG Tariff will be used in lieu of a transferee Subscription Agreement Rate for purposes of determining the Cover Cost Amount. (c) During the Cancellation Replacement Period and before paying any Cover Cost Amount or other cancellation related amounts, you will be responsible for making Subscription Payments s that will be deemed to equal the full amount of your Subscription Payments s had no cancellation occurred. (d) At the end of the Cancellation Replacement Period, we will determine the Cover Cost Amount and other amounts owing by you and provide you written notice of same. These amounts will become due and payable by you within twenty (20) days of your receipt of this notice. 12 (e) After paying the Cover Cost Amount, your remaining Subscription Payments s will reflect your appropriately reduced CSG Allocation. (f) You will be responsible for reimbursing us for any costs we reasonably incur in identifying an Eligible Transferee who will subscribe to the cancelled portion of your CSG Allocation and in the execution of related documentation. (g) Upon cancellation of the entire CSG Allocation, we may terminate this Agreement in its entirety. 10.4 Default Remedies. In the event a defaulting Party fails to cure an Event of Default within the applicable cure period, the non-defaulting Party may: (a) With respect to an Event of Default by Project Subscriber: i. We may terminate this Agreement immediately by notifying you in writing. ii. We may direct NSP to remove you as a subscriber with respect to the Project, and you will no longer receive Bill Credits associated with the CSG Allocation. iii. You will owe the Cover Cost Amount, if any. 1. We will use commercially reasonable efforts for sixty (60) days after your Event of Default (“Default Replacement Period”) to secure one or more Eligible Transferee who will subscribe to your entire CSG Allocation at no less than your Subscription Agreement Rate. If we are successful, your Cover Cost Amount will be zero. 2. To the extent during the Default Replacement Period we are unsuccessful in securing one or more Eligible Transferee who will subscribe to your entire CSG Allocation, the Unsubscribed Energy rate provided for in the CSG Tariff will be used in lieu of a transferee Subscription Agreement Rate for purposes of determining the Cover Cost Amount. iv. You will owe an amount equal to the Subscription Payments s that would have been payable by you during the Default Replacement Period absent the Event of Default. v. At the end of the Default Replacement Period, we will determine the Cover Cost Amount and other default-related amounts owing by you and provide you with written notice of same. These amounts will become due and payable immediately by you upon your receipt of this notice. vi. You will be responsible for reimbursing us for any costs we reasonab ly incurred in attempting to identify an Eligible Transferee and in the execution of related documentation. vii. Upon termination of this Agreement, we shall have no further obligations to you hereunder. (b) With respect to an Event of Default by Owner: i. Prior to the COD of the final Project, you may terminate this Agreement at any time by notifying us in writing. ii. After the COD of the final Project, you may terminate this Agreement only if our default results in your CSG Allocation not producing any Subscribed Energy for one hundred eighty (180) consecutive days or more. iii. Upon termination, you shall have no further obligation to us except for obligations arising or accruing prior to termination. 13 10.5 No Consequential Damages. No Party shall be liable to the other Party for any indirect, special, punitive, exemplary, incidental, or consequential damages, whether arising in contract, tort, under statute, or in equity, and each Party waives its rights to any such damages. In no event will the Cover Cost Amount constitute, or be deemed to constitute, indirect, special, punitive, exemplary, incidental, or consequential damages. 10.6 No Warranty; Exclusive Remedies. NO WARRANTY OR REMEDY, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE SHALL APPLY. The remedies set forth in this Agreement shall be the Parties’ sole and exclusive remedies for any claim or liability arising out of or in connection with this Agreement, whether arising in contract, tort (including negligence), strict liability or otherwise. 10.7 Involuntary Transfers. Upon transfer of title or control of the Eligible Address or your CSG Allocation, or portion thereof, due to bankruptcy, foreclosure or operation of law for other reasons, you or the transferee must notify Owner immediately. During any period of time in which a trustee, receiver, or creditor is in possession of the Eligible Address and assumes responsibility as the account-holder with NSP at the Eligible Address, such transferee shall be deemed to have succeeded to your rights and obligations under this Agreement at the Eligible Address during the period of its possession. Upon the transfer of title to the property at the Eligible Address and the CSG Allocation to a creditor or other third party, the transferee shall notify Owner of the transfer. If the transferee(s) meet all relevant Eligibility Criteria, the transfer shall be treated as a sale or transfer of the CSG Allocation to such transferees upon completion of the conditions set forth in Section 6.2. If the transferee does not meet the transfer conditions, then the transferee(s) shall be required immediately to sell or transfer the CSG Allocation or applicable portion to an eligible buyer in accordance with Section 6.2. ARTICLE 11 MISCELLANEOUS 11.1 Notices. Notices, or other documents required or permitted by this Agreement must be given by personal delivery, reputable overnight courier, email, or U.S. certified mail postage prepaid and shall be sent to the respective parties at the address listed on the first page of this Agreement. Notice shall be deemed delivered (i) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours, (ii) upon the date of actually delivery or refusal shown on the courier’s delivery receipt if sent by overnight courier, and (iii) on the fourth business day after deposit in the U.S. mail if sent by certified mail. Any party may change the address for notice by notice to the other party. 11.2 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any duty to, or standard of care with reference to, or liability to, any person not a party to this Agreement. Excepting the rights of Financing Parties and assignees expressly provided for herein, no provision of this Agreement is intended to nor shall it in any way provide any rights to any third party or inure to the benefit of any third party so as to constitute any such person a third party beneficiary under this Agreement, or of any one or more of the terms of this Agreement, or otherwise give rise to any cause of action in any person not a party to this Agreement. 11.3 Entire Agreement; Amendments. It is mutually understood and agreed that this Agreement, and the Exhibits attached hereto, constitutes the entire agreement between Project Subscriber and Owner and supersedes any and all prior oral or written understandings, 14 representations or statements, and that no understandings, representations or statements, verbal or written, have been made which modify, amend, qualify or affect the terms of this Agreement. This Agreement may not be amended except in a writing executed by both parties; provided, however, that, Owner may amend Project and Project Site information and allocate your CSG Allocation among Projects and Project Sites (prior to relevant CODs) without Project Subscriber’s prior consent. 11.4 Governing Law. This Agreement is made in Minnesota and shall be governed by the laws of the State of Minnesota. 11.5 SRC Contract and CSG Tariff. This Agreement contains summaries of, and makes reference to, certain provisions of the SRC Contract and CSG Tariff. While we believe these summaries and references to be accurate and fair, any conflict between such summaries and references shall be resolved in favor of the relevant provisions contained in SRC Contract and CSG Tariff. You are urged to review these documents. 11.6 Waiver. Neither Party shall be deemed to have waived any provision of this Agreement or any remedy available to it unless such waiver is in writing and signed by the Party against whom the waiver would operate. Any waiver at any time by either Party of its rights with respect to any matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent or other matter. 11.7 Relationship of Parties. The duties, obligations and liabilities of each of the Parties are intended to be several and not joint or collective. This Agreement shall not be interpreted or construed to create an association, joint venture, fiduciary relationship or partnership between the Parties or to impose any partnership obligation or liability or any trust or agency obligation or relationship upon either Party. Owner and Project Subscriber shall not have any right, power, or authority to enter into any agreement or undertaking for, or act on behalf of, or to act or be an agent or representative of, or to otherwise bind, the other Party. 11.8 Severability. Should any provision of this Agreement be or become void, illegal or unenforceable, the validity or enforceability of the other provisions of the Agreement shall not be affected and shall continue in full force. The Parties will, however, use commercially reasonable efforts to agree on the replacement of the void, illegal or unenforceable provisions with legally acceptable clauses which correspond as closely as possible to the sense and purpose of the affected provision and the Agreement as a whole. 11.9 Counterparts. This Agreement may be executed in two or more counterparts and by different parties on separate counterparts, all of which shall be considered one and the same agreement and each of which shall be deemed an original. 11.10 Data Practices. Owner or applicable Project Owner must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by Project Subscriber pursuant to this Subscription Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Owner or applicable Project Owner pursuant to this Subscription Agreement. Owner or applicable Project Owner is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Owner or applicable Project Owner receives a request to release data, Owner or applicable Project Owner must immediately notify Project Subscriber. Project Subscriber will give Owner or applicable Project Owner instructions concerning the release of the data to the requesting party before the data is released. Owner or applicable Project Owner agrees to 15 defend, indemnify, and hold Project Subscriber, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Owner’s or applicable Project Owner’s officers’, agents’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Subscription Agreement. . (SIGNATURE PAGES TO FOLLOW) 16 City of Eagan By: ________________________________ Mike Maguire Its: Mayor Date: _______________________________ By: ________________________________ Christina M. Scipioni Its: Clerk Date: _______________________________ Warsaw Solar LLC By: ________________________________ Printed Name: ________________________ Its: _____________________________ Date: ____________________________ 17 EXHIBIT A DEFINITIONS 1. Applicable Laws. Any law, statute, rule, regulation, ordinance, order (including orders issued by the MPUC), tariff, judgment, or other legally binding restriction or ruling issued by a governmental authority which is applicable to the Project, Owner, Subscribers, CSGs or this Agreement. 2. Bill Credit Rate. A dollar amount per kilowatt-hour reflected in the CSG Tariff with respect to specific classes of NSP customers to be used for determining a Subscriber’s Bill Credit. 3. Cancellation Event. One or more event described in Section 10.1(a)-(b). 4. Cover Cost Amount. (a) With respect to a sale or transfer by you pursuant to Section 6.2, the positive difference, if any, of: i. the net present value (using a discount rate of 4%) of the projected payments by you over the Term post-transfer with respect to the transferred portion of your CSG Allocation, had this Agreement remained unchanged for the remaining Term (plus any other amounts previously accrued and owed by you); minus ii. the net present value (using a discount rate of 4%) of the projected payments to be made by your transferee with respect to the transferred portion of your CSG Allocation over the remaining Term. (b) With respect to a Covered Cancellation Event, the positive difference, if any, of: i. the net present value (using a discount rate of 4%) of the projected payments by you over the Term post-cancellation with respect to the cancelled portion of your CSG Allocation, had this Agreement remained unchanged for the entire Term (plus any other amounts previously accrued and owed by you); minus ii. the net present value (using a discount rate of 4%) of the projected payments to be made by an Eligible Transferee (or, as applicable, by NSP for the Unsubscribed Energy associated with the portion CSG Allocation not transferred) with respect to the cancelled portion of your CSG Allocation over the remaining Term. (c) With respect to an Event of Default by you, the positive difference, if any, of: i. the net present value (using a discount rate of 4%) of the projected payments by you over the Term post-default, had this Agreement remained unchanged with respect to your entire CSG Allocation for the entire Term (plus any other amounts previously accrued and owed by you); minus ii. the net present value (using a discount rate of 4%) of the projected payments to be made by an Eligible Transferee (or, as applicable, by NSP for the Unsubscribed Energy associated with the portion CSG Allocation not transferred) with respect to the entire CSG Allocation over the remaining Term. 5. CSG Tariff. The Solar Rewards Community Program tariff of NSP’s rate book, as amended or updated and any successor thereto. 18 6. Eligible Address. A Subscriber’s NSP service address that meets the Eligibility Requirements. 7. Eligible Transferee. A person or entity who meets the applicable Eligibility Requirements and meets the conditions set for in Section 6.2(a)-(e) 8. Financing Party. A person or persons providing construction or permanent financing in connection with construction, ownership, operation and maintenance of the Project, or if applicable, any person to whom the ownership interest in the Project has been transferred, subject to a leaseback of the Project from such person. 9. JAMS. JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. 10. MPUC. Minnesota Public Utilities Commission. 11. NSP. Northern States Power Company, a wholly owned subsidiary of Xcel Energy Inc. 12. Subscription Agreement Rate. A dollar amount per kilowatt-hour with respect to the Subscribed Energy produced by Project Subscriber’s CSG Allocation, as set forth in Section 1.5(a), used for determining Project Subscriber’s Subscription Payments. 13. Taxes. Any federal, state, or local ad valorem, property, occupation, generation, privilege, sales, use, consumption, excise, or transaction tax, other taxes, regulatory fees, surcharges, or other similar charges, but does not include any income taxes imposed on Owner for payments made by you and received by us under this Agreement. Any conflict in the meaning of a term used both herein term and in the SRC Contract shall be resolved in favor of the meaning given to such term in the SRC Contract. 19 EXHIBIT B PROJECT(S) AND PROJECT SITE(S) Warsaw Solar, LLC 24950 Farwell Ave. Morristown, MN 55052 SRC040823 SRC040824 EXHIBIT C BILL CREDIT TYPES, CUSTOMER ACCOUNTS, AND SUBSCRIBER RATE Account Number: Premise Number: Account Type: 51-6563391-0 302816400 General Service 51-6563391-0 302468868 Small General Service 51-6563391-0 302946028 General Service Subscription rate: $0.1238/kWh increasing annually by 0.0% Bill Credit Value. We make no representation or warranty as to the likelihood that any Bill Credits will create any specific amount of economic benefit at any time or over any period of time or over the Term of this Agreement as a whole, or that the Bill Credits will create a positive economic benefit to you. The estimate of potential benefits contained herein are based on a number of assumptions about estimated Subscribed Energy Bill Credit Rates, Applicable Laws currently in place, NSP’s retail electrical rates, and a number of other factors beyond the control of Owner. Any estimate by Owner herein or elsewhere given to Project Subscriber as to any expected benefit to Project Subscriber from the Bill Credits at any time or over any period of time is pur ely an estimate based on the information available to Owner and related assumptions at the time and is not a guarantee that any positive economic benefit will accrue to Project Subscriber from the Bill Credits or that any specific amount of benefits will accrue to Project Subscriber at any time, or over any period of time, or over the Term of the Agreement. 20 EXHIBIT D ESTIMATE OF SUBSCRIBED ENERGY Production. Owner makes no representation or warranty as to the likelihood that the Project will generate any specific amount of electricity or sufficient electricity so as to create any specific or minimum Bill Credits to Project Subscriber during any period of time or over the Term of the Agreement as a whole. The production estimate described herein is based on a number of assumptions about expected solar insolation at the Project Site, and performance of the modules and other Project equipment, the accuracy of production estimating software and other factors affecting possible production which are not within the control of Owner. Circumstances experienced at the Project will deviate from historical data and other assumptions and projections. The actual production of energy of electricity by the Project and delivery of energy, including Subscribed Energy, by the Project is also subject to lack of sunlight, other adverse weather, equipment failures, curtailments or outages by NSP, Force Majeure events, and other events beyond the control of Owner. The production estimate and any other estimate communicated by Owner to Project Subscriber of expected energy production from the Project at any time or over any period of time is purely an estimate based on the information available to Owner at the time and is not a guarantee that any such production will occur or that any particular amount of Subscribed Energy will be received by Project Subscriber at any time or over any period of time, including the Term of this Agreement. 21 EXHIBIT E SUBSCRIPTION AGREEMENT RATE SCHEDULE Production Month General Service Accounts 1 - 12 $0.1238/kWh 13 - 24 $0.1238/kWh 25 - 36 $0.1238/kWh 37 - 48 $0.1238/kWh 49 - 60 $0.1238/kWh 61 - 72 $0.1238/kWh 73 - 84 $0.1238/kWh 85 - 96 $0.1238/kWh 97 - 108 $0.1238/kWh 109 - 120 $0.1238/kWh 121 - 132 $0.1238/kWh 133 - 144 $0.1238/kWh 145 - 156 $0.1238/kWh 157 - 168 $0.1238/kWh 169 - 180 $0.1238/kWh 181 - 192 $0.1238/kWh 193 - 204 $0.1238/kWh 205 - 216 $0.1238/kWh 217 - 228 $0.1238/kWh 229 - 240 $0.1238/kWh 241 - 252 $0.1238/kWh 253 - 264 $0.1238/kWh 265 - 276 $0.1238/kWh 277 - 288 $0.1238/kWh 289 - 300 $0.1238/kWh 22 EXHIBIT F FORM OF SRC CONTRACT This is a standard contract from Xcel (template can be found on Xcel’s website at https://www.xcelenergy.com/staticfiles/xe/Marketing/Files/MN-SRC-Standard-Contract.pdf). To be executed and inserted as Projects near construction. 23 EXHIBIT G FORM OF AGENCY AGREEMENT This is a standard contract from Xcel (template can be found on Xcel’s website at https://www.xcelenergy.com/staticfiles/xe/Marketing/Files/MN-SRC-Subscriber-Agency- Agreement.pdf). To be executed and inserted as Projects near construction. 24 EXHIBIT H PROJECT SUBSCRIBER DATA 1. Project Subscriber (name as shown on NSP account): EAGAN COMMUNITY CENTER EAGAN CITY OF 2. NSP service address (Eligible Addresses): 1501 CENTRAL PKWY EAGAN MN 3. NSP account number: 51-6563391-0 Agenda Information Memo April 2, 2019 Eagan City Council Meeting CONSENT AGENDA R. Water Quality & Wetland Management Plan Update Action To Be Considered: Approve a Water Quality and Wetland Management Plan (WQWMP) Update. Facts: ➢ The City of Eagan adopted the first Water Quality Management Plan (WQMP) in 1990. It received the Met Council’s Policy Implementation Award in 1991, and the U.S. Environmental Protection Agency recognized the program as tops in the nation in 1996. ➢ On July 17, 2007, the City Council approved an update to the WQWMP. ➢ In a 2018 survey of City residents, 99 percent said good surface water quality was very or somewhat important. Nearly half said they visited Eagan parks with lakes at least 5 times per year, with almost 20 percent going to lake parks more than 15 times annually. ➢ Significant changes have occurred nationally and within the state regarding surface water management since the adoption of the previous plans. Some Eagan lakes will not meet new water quality standards mandated by state and federal regulations. The City of Eagan has additional responsibilities to meet changing regional, state, and federal mandates for urban stormwater and wetland management. Staff’s understanding of the interaction of Eagan’s lakes and wetlands is improving and management strategies are evolving. ➢ The policies and provisions of the WQWMP address the following federal and state regulatory programs: o Federal stormwater management and operations: National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (MS4) permit); o Federal impaired waters/Total Maximum Daily Load (TMDL) studies and plans; and o State lake water quality standards. ➢ In accordance with authority granted by Minn. Stat. § 103B.211, the Black Dog Watershed Management Organization, the Eagan Inver Grove Heights Watershed Management Organization, and the Lower Minnesota River Watershed District have all formally approved Eagan’s local water management plan updates (including the Stormwater Management Plan and the WQWMP). ➢ The WQWMP is an attachment of the 2040 Comprehensive Plan, supporting the Natural Resources chapter. It would be appropriate to approve the WQWMP for final submittal of the 2040 Comprehensive Plan to the Metropolitan Council. Attachment (1) CR-1 Water Quality and Wetland Management Plan City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 (651) 675-5000 www.cityofeagan.com Water Quality & Wetland Management Plan City of Eagan, Minnesota Water Quality & Wetland Management Plan Adopted XXXX XX, 2018 COUNCIL: Mike Maguire, Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley STAFF: Russ Matthys, PE, Director of Public Works Eric Macbeth, Water Resources Manager Jesse Koehle, Water Resources Specialist Gregg Thompson, Watershed Specialist PHOTOS: Blackhawk Lake Fishing Pier; Blue Flag Iris; Quigley Pond Lilies; LeMay Lake WENCK ASSOCIATES, INC.: Joe Bischoff, Project Manager Diane Spector Brian Beck Wenck File 2538-0016 Prepared by: WENCK Associates, Inc. 7500 Olson Memorial Highway Suite 300 Golden Valley, MN 55427 Phone: 763-252-6800 www.wenck.com WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 i Table of Contents ACRONYMS AND ABBREVIATIONS .................................................................................................... IV EXECUTIVE SUMMARY ...................................................................................................................... V INTRODUCTION .................................................................................................................... 1-1 1.0 1.1 Purpose ............................................................................................................................ 1-1 1.2 Relationship to Other City Plans ...................................................................................... 1-1 Stormwater Management Plan ........................................................................ 1-1 1.2.1 Comprehensive Guide Plan .............................................................................. 1-1 1.2.2 Wellhead Protection Plan ................................................................................ 1-3 1.2.3 1.3 Relationship to Other Regional Plans .............................................................................. 1-3 Met Council Water Resources Policy Plan ....................................................... 1-3 1.3.1 Minnesota River Basin Plan .............................................................................. 1-3 1.3.2 POLICY AND REGULATORY RELATIONSHIPS ........................................................................... 2-1 2.0 2.1 Eagan Ordinances and Policies ........................................................................................ 2-1 2.2 Regional and State Framework ........................................................................................ 2-1 Dakota County .................................................................................................. 2-1 2.2.1 Dakota County Soil and Water Conservation District (SWCD) ......................... 2-1 2.2.2 Met Council ...................................................................................................... 2-2 2.2.3 MDH ................................................................................................................. 2-2 2.2.4 Minnesota Department of Natural Resources (MDNR) ................................... 2-2 2.2.5 MPCA ................................................................................................................ 2-3 2.2.6 Watershed Management Authorities .............................................................. 2-4 2.2.7 2.3 Water Resource Related Agreements ............................................................................. 2-6 2.4 Wetland Conservation Act (WCA) .................................................................................... 2-6 LAND AND WATER RESOURCES INVENTORY .......................................................................... 3-1 3.0 3.1 Hydrologic Setting ............................................................................................................ 3-1 Land Use ........................................................................................................... 3-1 3.1.1 Topography and Drainage ................................................................................ 3-1 3.1.2 3.2 Climate ............................................................................................................................. 3-2 3.3 Wetlands .......................................................................................................................... 3-5 3.4 Other Natural Surface Water Resources ......................................................................... 3-5 Outstanding Resource Value Waters ............................................................... 3-5 3.4.1 Minnesota River ............................................................................................... 3-5 3.4.2 LAKES ................................................................................................................................... 4-1 4.0 4.1 Lake Characteristics and Water Quality ........................................................................... 4-1 4.2 Public Waters Inventory .................................................................................................. 4-1 4.3 Lake Management ........................................................................................................... 4-1 4.4 Lake Classification ............................................................................................................ 4-3 4.5 Lake Prioritization ............................................................................................................ 4-5 Priority Lakes and Water Quality Standards .................................................... 4-5 4.5.1 4.6 Lake Management Practices ............................................................................................ 4-9 Table of Contents (cont.) WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 ii Nutrient and Algae Management .................................................................... 4-9 4.6.1 Aquatic Plant Management ........................................................................... 4-10 4.6.2 Aquatic Invasive Species (AIS) ........................................................................ 4-11 4.6.3 Fisheries Management ................................................................................... 4-12 4.6.4 POLLUTANTS, CLIMATE, AND BIOLOGICAL AQUATIC CONCERNS ............................................ 5-1 5.0 5.1 Impaired Waters .............................................................................................................. 5-1 Lakes ................................................................................................................. 5-1 5.1.1 Chloride ............................................................................................................ 5-2 5.1.2 Other Impairments ........................................................................................... 5-2 5.1.3 5.2 Localized Flooding Issues ................................................................................................. 5-3 5.3 Other Problems and Issues .............................................................................................. 5-3 Aquatic Invasive Species .................................................................................. 5-3 5.3.1 Harmful Algal Blooms (HABs) ........................................................................... 5-3 5.3.2 Emerging Concerns .......................................................................................... 5-3 5.3.3 GOALS AND POLICIES ............................................................................................................ 6-1 6.0 6.1 Scientifically-Based, Common Sense Management ......................................................... 6-1 6.2 Management of Watershed Inputs ................................................................................. 6-2 6.3 Management of Land Development Activities ................................................................ 6-3 6.4 Management of Wetlands ............................................................................................... 6-4 6.5 Management of Fisheries ................................................................................................ 6-5 6.6 Foster Citywide Support .................................................................................................. 6-5 IMPLEMENTATION PLAN ....................................................................................................... 7-1 7.0 7.1 Integrated Stormwater Management Framework .......................................................... 7-1 Modeling Tools ................................................................................................. 7-1 7.1.1 Model Applications .......................................................................................... 7-2 7.1.2 7.2 Regulatory Program ......................................................................................................... 7-2 NPDES MS4 Permit ........................................................................................... 7-2 7.2.1 Local Controls ................................................................................................... 7-3 7.2.2 Wetland Conservation Act (WCA) .................................................................... 7-3 7.2.3 7.3 Education and Outreach .................................................................................................. 7-3 7.4 Lakes and Wetlands Program .......................................................................................... 7-4 Lake Monitoring ............................................................................................... 7-4 7.4.1 Lake Management Planning ............................................................................. 7-5 7.4.2 Aquatic Plant Management ............................................................................. 7-5 7.4.3 Fisheries Management ..................................................................................... 7-6 7.4.4 Public Access and Opportunities ...................................................................... 7-7 7.4.5 Other Problems and Issues .............................................................................. 7-8 7.4.6 7.5 Operations and Maintenance .......................................................................................... 7-8 7.6 Capital Improvement Program ........................................................................................ 7-9 7.7 Schedules and Funding .................................................................................................... 7-9 7.8 Amendment Procedures ................................................................................................ 7-12 WMO Plan Amendments................................................................................ 7-12 7.8.1 Major Plan Amendments ............................................................................... 7-12 7.8.2 Routine Updates ............................................................................................. 7-12 7.8.3 Table of Contents (cont.) WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 iii REFERENCES ......................................................................................................................... 8-1 8.0 TABLES Table 2.1. Watershed management authorities in the City of Eagan. ....................................................... 2-4 Table 3.1. 2016 Generalized land use. ....................................................................................................... 3-1 Table 3.2. Average temperatures (°F) in the City of Eagan. ....................................................................... 3-2 Table 3.3. Average precipitation (inches) in the City of Eagan. ................................................................. 3-2 Table 3.4. NWI wetland area by type in the City of Eagan. ....................................................................... 3-6 Table 4.1: Distinguishing Eagan’s waterbodies .......................................................................................... 4-3 Table 4.2. Eutrophication water quality standards for lakes in Eagan. ..................................................... 4-5 Table 4.3. Eagan’s priority lakes................................................................................................................. 4-6 Table 5.1. Impaired lakes in Eagan............................................................................................................. 5-1 Table 5.2. Annual total phosphorus (TP) load reductions for impaired lakes. .......................................... 5-2 Table 5.3. Annual TP load reductions recommended for protection lakes. .............................................. 5-2 Table 7.1. Lake monitoring program 2018-2022. ...................................................................................... 7-4 Table 7.2. Eagan Water Quality & Wetland Management Implementation Plan 2018-2027. ................ 7-11 Table 7.3. Eagan Water Quality & Wetland Management Implementation Plan 2018-2027 Budgets. .. 7-12 FIGURES Figure 1.1. City of Eagan, Minnesota location in the TCMA. ..................................................................... 1-2 Figure 2.1. Watershed management authorities in the City of Eagan. ..................................................... 2-5 Figure 3.1. 2016 land use by classification................................................................................................. 3-3 Figure 3.2. Expected 2020 land use by classification. ................................................................................ 3-4 Figure 3.3. Soils by hydrologic soil group classification. ............................................................................ 3-7 Figure 3.4. Updated NWI wetlands in Eagan. ............................................................................................ 3-8 Figure 4.1. Public Waters Inventory waterbodies in Eagan. ...................................................................... 4-2 Figure 4.2. Surface waters, open spaces, and impaired waters in Eagan. ................................................. 4-8 APPENDICES Appendix A 2014 EIGHWMO Joint Powers Agreement Appendix B 2010 Black Dog WMO Joint Powers Agreement Appendix C 1997 Inver Grove Heights-Eagan Joint Powers Agreement Appendix D Lake Classification Scoring System Appendix E Wetland Management Classification Flowchart WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 iv Acronyms and Abbreviations AIS Aquatic Invasive Species BMPs Best Management Practices Chl-a Chlorophyll-a City City of Eagan EIGHWMO Eagan-Inver Grove Heights Watershed Management Organization EPA US Environmental Protection Agency EWN Eurasian watermilfoil FiN Fishing in the Neighborhood HABs Harmful Algal Blooms IGH Inver Grove Heights MDH Minnesota Department of Health MDNR Minnesota Department of Natural Resources Met Council Metropolitan Council MPCA Minnesota Pollution Control Agency MS4 Municipal Separate Storm Sewer System NCHF North Central Hardwood Forest NOAA National Oceanic and Atmospheric Administration NPDES National Pollutant Discharge Elimination System NWI National Wetlands Inventory PAHs Polycyclic Aromatic Hydrocarbons PWI Public Waters Inventory SMP Stormwater Management Plan SUF Stormwater Utility Fund SWCD Soil and Water Conservation District SWPPP Storm Water Pollution Prevention Program TCMA Twin Cities Metropolitan Area TMDL Total Maximum Daily Load TP Total Phosphorus µg/L Micrograms Per Liter USFWS US Fish and Wildlife Service WCA Minnesota Wetland Conservation Act WD Watershed District WHEP Wetland Health Evaluation Program WMO Watershed Management Organization WQWMP Water Quality and Wetland Management Plan WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 v Executive Summary The City of Eagan (City) herein updates its Water Quality and Wetland Management Plan (WQWMP) to provide goals, policies, and actions the City will pursue to protect and improve surface water resources from 2018 to 2027. Within Eagan’s limits are 34 priority lakes, three designated trout streams, two calcareous fens, over 600 wetlands, and a portion of the Minnesota River. These numerous water resources are assets to the community, defining its character and helping to make it a desirable place to live, work, and visit. The City collaborates with many local, regional, and state agencies to protect and enhance surface water resources. It has joint powers agreements with the City of Inver Grove Heights to provide storm drainage and other services and to coordinate watershed management responsibilities. It also partners with the Lower Minnesota River Watershed District, Dakota County, the Metropolitan Council, the Minnesota Department of Health, the Minnesota Department of Natural Resources, and the Minnesota Pollution Control Agency. The City is the local governmental unit responsible for administering the Minnesota Wetland Conservation Act of 1991. Approximately one-third of Eagan is developed as single-family residential areas, which are interspersed with 1,350 acres of parkland in 56 parks, including Lebanon Hills Regional Park and Fort Snelling State Park. Commercial and industrial land uses are clustered around the major highway corridors of I-494, I- 35E, and Highways 13 and 55. Less than 11 percent of Eagan is undeveloped, although that includes substantial wetland areas that are unsuitable for development. Because lakes are a defining feature in Eagan, protecting and improving lake water quality is a primary objective of this plan. City lakes provide residents opportunities for fishing and other recreation while also supporting wildlife habitat. The City distinguishes lakes from wetlands and constructed stormwater management basins and classifies lakes based on features, conditions, and abilities to support uses. The City employs an “adaptive management” approach, recognizing lakes as complex systems that respond to dynamic natural and unnatural variables. Management activities are tailored to each lake and emphasize watershed inputs, in-lake processes, aquatic plants, aquatic invasive species, and fisheries. Adaptive management allows the City to address a myriad of current and potential challenges, including impairments from excess nutrients, impacts from chloride, emerging contaminants, climate change, invasive species, etc. The City’s primary goal is to manage surface water resources using science-based, common sense approaches that meet or exceed regulatory requirements. Other goals include: 1) control watershed runoff to help meet or exceed surface water quality requirements; 2) protect surface water resources from impacts of land development and re-development activities; 3) manage wetlands in compliance with all regulations and according to community values and priorities; 4) maintain and enhance sport fisheries in compliance with all regulations, according to community values and priorities, and to help protect water quality in lakes; and 5) foster citywide support for water quality management goals. The City has 25 specific policies aimed at achieving the WQWMP’s six goals. The City developed an implementation plan for 2018-2027 that includes both operational activities and capital projects. The City plans to work toward an Integrated Stormwater Management Framework through which all aspects of water management (i.e., drinking water supply, stormwater, and WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 vi wastewater) could be evaluated using integrated tools. This framework would allow the City to manage resources proactively and respond efficiently to emerging issues in the future. The City will continue to develop, implement, and enforce its Storm Water Pollution Prevention Program that is designed to reduce the discharge of pollutants from its storm drainage system to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act. In addition to enforcing regulations for stormwater management, illicit discharges, shoreland districts, and wetland protections, the City plans to monitor lake water quality and conduct education and outreach programs. The implementation plan for 2018-2027 includes a Capital Improvement Program of many planned or potential projects identified through lake-watershed studies, lake management plans, routine inspections, and resident concerns. These projects generally focus on four areas: 1) required phosphorus reductions; 2) required maintenance of the storm drainage system; 3) lake protection actions; and 4) opportunistic projects. The City will finance the implementation plan primarily through Eagan’s stormwater utility fund. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 1-1 Introduction 1.0 1.1 PURPOSE The City of Eagan (City) is located in Dakota County, Minnesota within the Twin Cities Metropolitan Area (TCMA, Figure 1.1). In 2007, the City updated its 1990 Water Quality Management Plan by adopting a 10-year Water Quality and Wetland Management Plan (WQWMP). The WQWMP Update herein provides goals, policies, strategies, and actions the City will pursue to protect and improve its surface water resources during the next 10-year period from 2018 through 2027. Within Eagan’s limits are 34 priority lakes, three designated trout streams, two calcareous fens, over 600 wetlands, and a portion of the Minnesota River. These numerous water resources are assets to the community, defining its character and helping to make it a desirable place to live, work, and visit. The proper management of these assets is critical to the quality of life in Eagan. 1.2 RELATIONSHIP TO OTHER CITY PLANS STORMWATER MANAGEMENT PLAN 1.2.1 In 2007, the City updated its 1990 Stormwater Management Plan (SMP) by adopting a 10-year SMP. The SMP (concurrently updated for the 2018-2027 period) focuses on managing stormwater flow rates and volumes in the City’s drainage system, especially for flood protection from large runoff events. This WQWMP and the SMP together constitute the City’s overall approach to surface water management and meet the City’s obligations for Local Surface Water Planning according to Minn. Stats. §103B.235. COMPREHENSIVE GUIDE PLAN 1.2.2 The Comprehensive Guide Plan is a blueprint for Eagan’s future growth, development, and redevelopment. The Metropolitan Council (Met Council), in accordance with the Metropolitan Land Use Planning Act (Minn. Stats. §§473.859-.871), develops and updates regional planning policies and requires all cities every 10 years to update their Comprehensive Plans to be consistent with those regional policy plans. Thrive MSP 2040 and the 2040 Water Resources Policy Plan identify certain required elements of local water resources planning. This WQWMP and the SMP together meet those requirements. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 1-2 Figure 1.1. City of Eagan, Minnesota location in the TCMA. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 1-3 WELLHEAD PROTECTION PLAN 1.2.3 In cooperation with the Minnesota Department of Health (MDH) the City finalized a Wellhead Protection Plan in 2014 to protect its drinking water supply. Stormwater management policies in this WQWMP are consistent with Eagan’s Wellhead Protection Plan. 1.3 RELATIONSHIP TO OTHER REGIONAL PLANS MET COUNCIL WATER RESOURCES POLICY PLAN 1.3.1 The Water Resources Management Policy Plan of the Met Council is a framework to integrate planning for wastewater, drinking water supply, and surface water management and protection with planning for the TCMA’s growth. In 1995, the Minnesota legislature amended the Metropolitan Land Use Planning Act to require each city's comprehensive plan to include a local water management plan. These local plans must be consistent with Minn. Stats. §103B and other Metropolitan Land Use Planning Act requirements and should include: local ordinances that require water quality treatment for runoff and limit the flow rates and volumes of runoff; Best Management Practices (BMPs) for development and redevelopment; and planning for wetland management. Additional suggested plan elements include: adoption of the precipitation frequency estimates of National Oceanic and Atmospheric Administration (NOAA) Atlas 14 (Sanja et al. 2013) and adoption of the Minimal Impact Design Standards performance goals of the Minnesota Pollution Control Agency (MPCA). Local water management plans are reviewed by the Met Council as part of the local comprehensive planning process prior to approval by local watershed management authorities and adoption by the local government. In addition to the local stormwater plan elements required by State laws and regulations, Met Council’s Policy Plan asks communities to help protect “Priority Lakes” by adopting local land uses and planning strategies to protect natural resources and minimize development impacts. The Met Council classifies “Priority Lakes” as waterbodies of high regional recreational value that are at least 100 acres in size, supply drinking water, have very good water quality, or have exceptional significance for wildlife habitat. While Met Council’s Policy Plan does not recognize any Eagan lakes as Priority Lakes, the City prioritizes their lakes using a framework consistent with the Met Council Policy Plan. MINNESOTA RIVER BASIN PLAN 1.3.2 The Minnesota River flows southeast from its source at Big Stone Lake on the South Dakota border to Mankato and then northeast to the Mississippi River at Fort Snelling (about 335 total miles). Its drainage area covers about 16,770 square miles, which is roughly 10 million acres. Thirteen major watersheds in Minnesota drain into the basin, which includes 37 counties. Eagan is in the Lower Minnesota River sub- basin. The 2001 Minnesota River Basin Plan (MPCA 2001) provides a framework for directing programs for improving water quality in the Minnesota River, its tributaries, and other waterbodies. Priority actions include reducing nutrient, sediment, and bacteria inputs and improving the health of biologic communities. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 2-1 Policy and Regulatory Relationships 2.0 2.1 EAGAN ORDINANCES AND POLICIES Eagan’s City Code includes the following ordinances related to water resources and stormwater management: • Stormwater Drainage Connection and Availability Charge (§3.07) institutes the stormwater drainage utility fee. • Stormwater Management Regulations (§4.34) establish requirements for land disturbance, stormwater management, and erosion and sediment control management. • Illicit discharges and illegally dumped materials (§§ 7.05 and 10.32) are prohibited from reaching the storm sewer system, lakes, streams, ponds, or wetlands. • Shoreland Overlay District (§11.65) establishes land use standards within shoreland areas. • Floodplain Overlay District (§11.66) promotes public health, safety, and general welfare by minimizing losses due to periodic flooding. • Wetland Regulations (§11.67) establish local comprehensive requirements for wetland protection and management. • Dedication of Ponding Areas (§13.20) institutes the stormwater treatment pond program. 2.2 REGIONAL AND STATE FRAMEWORK There are many regional and state programs and regulatory activities related to local stormwater or water resource management. The following summarizes those of primary relevance. DAKOTA COUNTY 2.2.1 The Dakota County Environmental Resources Department administers a number of programs to conserve natural and water resources. These include establishment of minimum septic system standards that are enforced locally, providing well testing and sealing assistance, and administration of the Wetland Health Evaluation Program (WHEP), which uses macroinvertebrate and plant data collected by volunteers to estimate ecological conditions. The Dakota County Groundwater Protection Plan is incorporated into the Dakota County Comprehensive Plan (Dakota County 2009). DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT (SWCD) 2.2.2 The Dakota County SWCD was established in 1944 to assist landowners and homeowners in rural and urban settings with protecting soil and water resources. It offers programs and services in several areas: • Agricultural Resources • Backyard Conservation • Natural Resources • Stormwater • Watersheds The SWCD also provides education and outreach to students and to agricultural and suburban property owners; offers technical advice and support to individuals and cities, townships, and watershed WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 2-2 organizations; and provides financial incentives to protect the land and water resources of the county. Priority focus areas include: preventing soil loss; managing the impacts of stormwater; and protecting and restoring native plant communities. MET COUNCIL 2.2.3 In addition to its policies discussed in Section 1.3.1, the Met Council’s Water Resources Management Policy Plan refers to three programs administered by governmental and private agencies for managing water resources in the TCMA: • Citizen-Assisted Monitoring Program • Environmental Information Management Systems • Watershed Outlet Monitoring Program MDH 2.2.4 The MDH administers numerous programs and regulations related to local water management and planning, including the following: • Drinking water protection • Environmental laboratory certification • Fish consumption guidance • Health risk assessment, site assessment, and consultation • Public swimming beach and pool water safety • Wellhead protection • Well management The City works with the MDH to develop and implement its Wellhead Protection Plan. MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MDNR) 2.2.5 The MDNR manages and protects the state’s natural resources and administers numerous programs and regulations. The department provides technical assistance and information regarding BMPs, natural resources management, incorporating natural resource conservation into land use planning, and landscaping around lakes. The MDNR monitors and improves fisheries within the state. It also promotes fishing opportunities and provides grants to assist in the installation of fishing piers. The MDNR focuses on an overarching vision of “Healthy Watersheds throughout Minnesota” and also provides the following services: • Overseeing the state’s inventory of public waters. • Administering permit programs for work in and appropriations of public waters. • Overseeing the state’s floodplain management program. • Coordinating the shoreland management program. • Collecting, analyzing, and providing ecological information about rare resources, harmful exotic species, fish and wildlife diseases, and negative environmental impacts of human development. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 2-3 The MDNR’s LakeFinder website includes information from various MDNR divisions, as well as other state agencies such as the MPCA and MDH. This tool contains data for more than 4,500 Minnesota lakes and rivers. The MDNR also provides a variety of specialized programs for property owners and neighborhood groups, such as the Aquatic Plant Management, Urban Fisheries, Neighborhood Wilds, and Metro Greenways programs. Blackhawk, Carlson, Fish, LeMay, Schwanz, and Thomas lakes are designated “Fishing in the Neighborhood” (FiN) lakes, as are McDonough and Schulze Lakes within Lebanon Hills Regional Park. Lebanon Hills’ Holland Lake is managed as a MDNR “Area Fisheries” lake. These programs build on other MDNR fisheries management activities such as stocking, aeration, and enhancement of shore-fishing opportunities to enhance public awareness and environmental stewardship and to support fishing as a family activity. MPCA 2.2.6 The MPCA administers the federal National Pollutant Discharge Elimination System (NPDES) regulatory program for the State of Minnesota. As owner and operator of a stormwater drainage system, the City is subject to a NPDES Municipal Separate Storm Sewer System (MS4) permit from the MPCA to discharge stormwater to waters of the state. The MPCA’s General Permit requires the City to develop, implement, and enforce a Storm Water Pollution Prevention Program (SWPPP) of BMPs intended to reduce the discharge of pollutants from its MS4, to the maximum extent practicable, to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act. The MS4 General Permit requires Eagan’s SWPPP to include regulatory mechanisms (i.e., contract language, ordinances, permits, standards, etc.) and enforcement response procedures for: 1) illicit discharges, 2) construction site stormwater runoff control, and 3) post-construction stormwater management. It requires updates to Eagan’s storm sewer system map and a complete inventory of all ponds, wetlands, and lakes that collect stormwater via constructed conveyances. It requires the City to focus on the following six minimum control measures: 1. Public education and outreach. 2. Public participation/involvement. 3. Illicit discharge detection and elimination. 4. Construction site runoff control. 5. Post-construction stormwater management. 6. Pollution prevention/good housekeeping for municipal operations. The MS4 General Permit further requires the City to demonstrate continuing progress toward meeting requirements for discharges to “impaired” waters, according to approved Total Maximum Daily Load (TMDL) studies. MPCA reports to the US Environmental Protection Agency (EPA) waters that aren’t meeting State water quality standards as impaired. This requires preparation of TMDL studies to identify the sources and amounts of pollutants and development of correction plans bring impaired waters into compliance with State standards. Finally, the permit requires the City to conduct annual assessments of its SWPPP, submit annual reports about MS4 permit compliance, and keep records related to the SWPPP. The MPCA reauthorized the NPDES MS4 General Permit, which is effective August 1, 2013 and expires July 31, 2018. The agency issued coverage to the City through this 5-year permit on March 17, 2014. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 2-4 In order to legally operate its storm sewer system into the future, the City will need to meet the requirements of subsequent 5-year MS4 General Permits. The MPCA also administers the NPDES regulatory program for stormwater management on construction sites greater than an acre and of certain industrial facilities. WATERSHED MANAGEMENT AUTHORITIES 2.2.7 Minn. Stats. §103B.231 requires watershed districts (WDs) and watershed management organizations (WMOs) in the TCMA to prepare and administer water management plans that establish watershed- wide goals, policies, and regulations. Minn. Stats. §103B.235 requires local governments to prepare and administer local water management plans, consistent with the watershed plans that establish local goals, policies, and regulations regarding those water resources. Eagan lies within the boundaries of four watersheds (Table 2.1 and Figure 2.1). Table 2.1. Watershed management authorities in the City of Eagan. Area Within City (acres) % of City Eagan-Inver Grove Heights WMO 18,800 87.7 Lower Minnesota River WD 2,542 11.9 Black Dog Lake WMO 60 0.3 Lower Mississippi River WMO* 23 0.1 TOTAL 21,425 *The City of Eagan is not a member of the WMO. Eagan-Inver Grove Heights WMO (EIGHWMO). About 88 percent of the City lies within the Eagan-Inver Grove Heights watershed. The EIGHWMO is a joint powers organization between Eagan and the City of Inver Grove Heights (Appendix A). Its predecessor, the Gun Club Lake WMO, disbanded after nearly 30 years and reformed as the EIGHWMO in 2014 when the City of Mendota Heights withdrew to consolidate into the Lower Mississippi River WMO. The EIGHWMO adopted its first watershed management plan in 2016 with a focus on education and outreach to residents and land owners, and providing oversight of the cities’ implementation efforts. Lower Minnesota River WD. The Lower Minnesota WD boundaries encompass the bluffs and river bottoms of the Minnesota River from the City of Carver to the confluence with the Mississippi River. In Eagan, the district generally is to the northwest side of State Highway 13. Other WMOs. A small part of the City is within the Black Dog Lake watershed because portions of two developments discharge to the City of Burnsville to the west. In June 1985, the cities of Apple Valley, Burnsville, Eagan, Lakeville and Savage executed a joint powers agreement establishing and empowering the Black Dog Watershed Management Organization (Appendix B). On Eagan’s eastern boundary, a very small portion of the City discharges to the City of Inver Grove Heights, but the City is not a member of the Lower Mississippi River WMO, because it has other agreements, as follows. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 2-5 Figure 2.1. Watershed management authorities in the City of Eagan. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 2-6 2.3 WATER RESOURCE RELATED AGREEMENTS In 1972, the cities of Eagan and Inver Grove Heights (IGH) entered into a joint powers agreement that provided for Eagan to service water and sanitary sewer facilities for a portion of IGH. In 1995, another agreement between the cities extended similar services to additional properties. The cities entered into a third, more comprehensive agreement in 1997 that terminated the previous two agreements (Appendix C). It established that Eagan provides services for storm drainage, sanitary sewer, and water in a portion of IGH, and it addressed a few other issues. 2.4 WETLAND CONSERVATION ACT (WCA) The City is the local governmental unit responsible for administering the Minnesota Wetland Conservation Act of 1991 (WCA, Minn. Stats. §84 and §103, as amended). Local government WCA responsibilities include: • Determine completeness of applications for wetland decisions (boundary/type, exemption, no- loss, sequencing, replacement plan, banking plan). • Coordinate findings and recommendations by Technical Evaluation Panel of agency professionals. • Send public notices of application and decision. • Make decisions on complete wetland applications. • Enforce wetland replacement monitoring requirements, review monitoring reports, and certify replacement wetlands. • Coordinate enforcement of WCA violations. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 3-1 Land and Water Resources Inventory 3.0 3.1 HYDROLOGIC SETTING LAND USE 3.1.1 Approximately one-third of the land area in Eagan is single-family residential development (Figure 3.1 and Table 3.1). Almost 25 percent of Eagan is made up of parklands (i.e., 1,350 acres in 56 parks), open space, and open water, including Lebanon Hills Regional Park in the southern part of the City and Fort Snelling State Park in the northeast. Commercial and industrial uses are clustered around the major highway corridors of I-494, I-35E, and Highways 13 and 55. Less than 11 percent of the land area is undeveloped, although that includes substantial areas of undevelopable wetland. The City expects future land use (Figure 3.2) not to change significantly, but to continue to fill in areas that are not currently developed and to redevelop older and lesser developed parts of the city. Table 3.1. 2016 Generalized land use. Land Use Area (acres) Area (sq mi) % of Total Single Family 7,011 11.0 32.9% Multi-Family 1,601 2.5 7.5% Commercial 1,325 2.1 6.2% Industrial 1,542 2.4 7.2% Institutional 778 1.2 3.6% Parks and Open Space 4,077 6.4 19.1% Mixed Use 299 0.5 1.4% Transportation 1,131 1.8 5.3% Agricultural 94 0.1 0.4% Undeveloped 2,270 3.5 10.6% Open Water 1,194 1.9 5.6% TOTAL 21,322 33.3 Source: Met Council 2016 Generalized Land Use Historical Data Set. TOPOGRAPHY AND DRAINAGE 3.1.2 The glacial retreat from the area left behind a landscape of many depressions and rolling hills. In general, Eagan’s topography slopes from the south and southeast to the Minnesota River in the northwest. The deep depressions drain poorly and hold wetlands and ponds that are naturally land- locked. Many of these small basins now discharge into the storm sewer system, which drains towards the river. Most of Eagan’s upland area is composed of well-drained Kingsley sandy or Kingsley-Mahtomedi complex soils. Texture is generally loamy or sandy with moderate infiltration rates when thoroughly wetted. Moderately permeable soils dominate the watershed, with large areas covered by soil hydrologic groups B and C (Figure 3.3). WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 3-2 3.2 CLIMATE Eagan’s climate is predominately continental, with significant annual variation in temperature (hot summers and cold winters) and moderate amounts of precipitation. Weather can vary widely and rapidly, and both temperature and precipitation may change abruptly. The weather station at the Minneapolis-St. Paul International Airport provides the historical reference data of temperature and precipitation for Eagan. Table 3.2 shows monthly temperature averages for the last 30 years. Table 3.2. Average temperatures (°F) in the City of Eagan. Minneapolis-St. Paul International Airport (1981-2010) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Maximum 23.7 28.9 41.3 57.8 69.4 78.8 83.4 80.5 71.7 58.0 41.2 27.1 55.2 Minimum 7.5 12.8 24.3 37.2 48.9 58.8 64.1 61.8 52.4 39.7 26.2 12.3 37.2 Mean 15.6 20.8 32.8 47.5 59.1 68.8 73.8 71.2 62.0 48.9 33.7 19.7 46.2 Source: Minnesota State Climatology Office and National Oceanic and Atmospheric Administration, National Centers for Environmental Information. In a normal year, about 31 inches of precipitation falls on Eagan. Winter snowfall averages about 54 inches, and snow generally persists from mid-December to early March. Table 3.3 shows monthly precipitation averages for the last 30 years. Table 3.3. Average precipitation (inches) in the City of Eagan. Minneapolis-St. Paul International Airport (1981-2010) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Precipitation 0.9 0.8 1.9 2.7 3.4 4.2 4.0 4.3 3.1 2.4 1.8 1.2 30.6 Snow 12.2 7.7 10.3 2.4 0 0 0 0 0 0.6 9.3 11.9 54.4 Source: National Oceanic and Atmospheric Administration, National Centers for Environmental Information. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 3-3 Figure 3.1. 2016 land use by classification. Source: Met Council. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 3-4 Figure 3.2. Expected 2020 land use by classification. Source: Met Council. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 3-5 3.3 WETLANDS The US Fish and Wildlife Service (USFWS) compiled wetland maps from interpretation of historic aerial photos as part of a National Wetlands Inventory (NWI). Wetland scientists use two common classification schemes to identify wetland types: the USFWS’s “Circular 39” system and a classification system developed for the USFWS (Cowardin et al. 1979), which is commonly referred to as the Cowardin system. The Circular 39 system was originally developed for classifying wetlands for waterfowl habitat. Eight of the 20 Circular 39 wetland types are found in Minnesota. The Cowardin scheme is a hierarchical classification based on landscape position, substrate, flooding regime, and vegetation. While the USFWS and other agencies have officially adopted the Cowardin scheme, the Circular 39 system is still commonly employed because of its simplicity and ease of use. Table 3.4 and Figure 3.3 show the types and areal extent of NWI wetlands in Eagan. Dakota SWCD conducted the first comprehensive inventory of over 375 wetlands and lakes in the City of Eagan in 1987 to assist the Gun Club Lake WMO in developing a watershed management plan. The inventory included a base map of wetland/lake types and watershed boundaries, data sheets of a wide range of individual characteristics, color slides of each, and a computerized database. The inventory’s wetland/lake identification, classification, use, and ranking systems were incorporated into the City’s 1990 Water Quality Management Plan, the first community-wide plan in Minnesota aimed specifically at protecting the quality of wetlands and lakes. The City completed function and value assessments of about 100 wetlands for its local comprehensive wetland protection and management plan, which is part of the 2007 WQWMP. These assessments of wetlands that were expected to develop or redevelop in the coming years provided for a management classification system and framework on which Eagan based its wetlands protection and management regulations (City Code §11.67). 3.4 OTHER NATURAL SURFACE WATER RESOURCES OUTSTANDING RESOURCE VALUE WATERS 3.4.1 Calcareous fens are peat-accumulating wetlands formed by upwelling groundwater containing high concentrations of dissolved calcium and low dissolved oxygen that provides an environment for specific and often rare calciphytic (“calcium loving”) plants. Within the City, two such fens—Nicols Meadow and Gun Club Lake South—occur near the base of a steep slope (See Figure 4.1) within Fort Snelling State Park. Three very small perennial streams are also part of this complex of wetlands and fens, which MDNR designates as trout streams: Unnamed #1 (locally known as Harnack Creek), Black Dog Creek, and Kennaley’s Creek. Designated trout streams have more stringent levels of protection related to water appropriation and permits for in-stream work. Designated trout streams must have high oxygen and lower stable water temperatures year-round, although trout are no longer known to exist in the Eagan streams. The City does not stock or manage these trout streams, but minimizes the discharge of stormwater to these areas. Shoreland zoning regulations (City Code §11.65) prohibit development within 300 feet of the streams. MINNESOTA RIVER 3.4.2 The Minnesota River flows along the northwestern border of Eagan. When it reaches the City, the river is the main conveyance of runoff from over 10 million acres of southern and western Minnesota as well as small portions of South Dakota and Iowa. Virtually the entire City drains to the Minnesota River, although Eagan is less than 0.2% of the river’s drainage area. The City’s MS4 has no direct discharges to the river but drains to bordering bottomlands/wetlands, which then discharge to the river. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 3-6 Table 3.4. NWI wetland area by type in the City of Eagan. Circular 39 Type Acres Percent Cowardin Type Acres Percent 1 - Seasonally Flooded 692 23.6% Unconsolidated Bottom (UB) 828 28.3% 2 - Wet Meadow - - Emergent (EM) 1,193 40.8% 3 - Shallow Marsh 717 24.5% Forested (FO) 266 9.1% 4 - Deep Marsh 301 10.3% Scrub-shrub (SS) 121 4.1% 5 - Shallow Open Water 1,019 34.8% Aquatic Bed (AB) 518 17.7% 6 - Shrub Swamp 121 4.1% Unconsolidated Shore (US) - - 7 - Wooded Swamp <1 0.0% 90 - Riverine 76 2.6% Upland 18,396 86.3% Upland 18,396 86.3% Grand Total 21,322 Grand Total 21,322 Source: MDNR, 2013 NWI Update East-Central Minnesota. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 3-7 Figure 3.3. Soils by hydrologic soil group classification. Source: USDA NRCS Soil Survey Geographic Database. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 3-8 Figure 3.4. Updated NWI wetlands in Eagan. Source: MDNR, 2013 NWI Update East-Central Minnesota. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-1 Lakes 4.0 4.1 LAKE CHARACTERISTICS AND WATER QUALITY Lakes are a defining feature in Eagan. Protecting and improving lake water quality is a primary objective of this plan. 4.2 PUBLIC WATERS INVENTORY State statutes define specific “Public Waters” among all of Minnesota’s defined “Waters of the State,” which are surface or underground waters (MN Stats. §103G.005). The MDNR maintains maps and a database of the Public Waters Inventory (PWI). Public Waters wetlands include all type 3, type 4, and type 5 wetlands (as defined in USFWS Circular No. 39, 1971 edition) that are 10 acres or more in size in unincorporated areas or 2.5 acres or more in size in incorporated areas such as municipal boundaries. Public watercourses are defined as natural and altered watercourses with a total drainage area greater than two square miles or natural and altered watercourses designated by the MDNR commissioner as trout streams. MDNR regulates work within PWI waterbody “boundaries,” which are the ordinary high- water levels. Of Eagan’s 100s of lakes, ponds, and wetlands, 88 are designated Public Waters, most of which are small and shallow open areas (Figure 4.1). There are three very small MDNR-designated trout streams in northwest Eagan. Because a number of Eagan’s Public Waters do not provide public recreational opportunities or critical ecosystem services such as critical habitat, the City developed a classification system to outline management approaches for the waterbodies. 4.3 LAKE MANAGEMENT Lakes in Eagan are primarily shallow—where vegetation typically is robust—and are likely prone to fish kills due to limited water volume that can become low in oxygen in winter. The MPCA defines shallow lakes as those having maximum depths of less than 15 feet or greater than 80% of their areas less than 15 feet deep. Shallow lakes have quite different expected water quality and management actions than deeper lakes because of their physical limitations. Previous plans outlined the ecological differences and management approach for shallow versus deep lakes (City of Eagan 2007). Shallow lakes tend to exist in either a turbid state dominated by algae or a clear-water state dominated by submersed aquatic vegetation. Current scientific consensus is that clear, plant-dominated lakes have the healthiest ecological conditions. Such conditions are not always popular for lake users, because of the possibility for high densities of submersed vegetation. Managing to achieve clear, shallow lakes without vegetation is very difficult and ecologically unsustainable. Such lakes will tend to revert relatively quickly to either turbid or plant-dominated conditions. Categorizing a shallow lake versus a deep-water (i.e., type 5) wetland is critical, but often poorly defined. Physically and ecologically, these water resources are difficult to differentiate based only on size and use. However, managing a shallow lake is often quite different than a type 5 wetland, depending on the desired uses of the waterbody. The City typically manages most wetlands to conserve and protect diverse habitats (i.e., via WCA and City Code §11.67) while shallow lakes are managed to include some WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-2 Figure 4.1. Public Waters Inventory waterbodies in Eagan. level of recreational use. The City’s lake classification scheme integrates evaluations of these differences. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-3 The City employs an “adaptive management” approach for lake management, recognizing lakes as complex systems that respond to dynamic natural and unnatural variables. Adaptive lake management emphasizes assessing the impacts of management actions and applying lessons learned to guide future actions as progress is made toward goals. Adaptive management also implies a willingness to change desired endpoints, as necessary and if assessments are contrary to expected outcomes. The City’s understanding of how lakes function as well as the development of tools to manage lakes has improved dramatically since Eagan adopted its first water quality management plan. If anything, these changes likely will accelerate over the next 10-15 years. The City will keep abreast of these developments and pursue those of merit to achieve the goals in this plan. 4.4 LAKE CLASSIFICATION Classification and priority levels guide the City’s management of its lakes. The City distinguishes lakes from wetlands and constructed stormwater management basins as shown in Table 4.1. Table 4.1: Distinguishing Eagan’s waterbodies LAKES WETLANDS STORM BASINS Origin Natural Natural Constructed Defining Traits Open water ≥ 7 acres or ≥ 20 feet max. depth • Majority of soils developed in wet conditions; • Water table at or near surface; and • Dominance of plants that grow in saturated soils. Basins for temporary and permanent storage of stormwater Types* Deep: ≥ 15 feet max. depth; ≤ 80% of lake is ≤ 15 feet deep; Shallow: ≤ 15 feet max. depth; ≥ 80% of lake supports rooted plants; Type 2: Meadow Type 3: Shallow marsh Type 4: Deep marsh Type 5: Open water Pond A: Wet with gravity outlet Pond B: Wet with lift station Pond C: Dry with gravity outlet Public Access Yes (public property) Yes (public property) and No (private property) Yes (public property) and No (private property) *Wetland type based on USFWS Circular No. 39, 1971 edition. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-4 The City considered the following factors in developing its current lake classification system: • Incorporation of regulatory agency eutrophication standards. MPCA eutrophication, or nutrient enrichment, standards for shallow and deep lakes in the North Central Hardwood Forest (NCHF) Ecoregion address whether a lake can fully or partially support direct contact recreation, such as swimming or wading. Virtually all natural lakes in Eagan are defined as shallow, except for Carlson Lake, Heine Pond, and Holland Lake. • Attainable water quality conditions. It is often very costly to improve urban lakes. Measurable results in water quality conditions can lag many years behind the implementation of improvement efforts. Thus, the intended use of a lake must be realistic and attainable in the foreseeable future. The City will address use attainability during development of detailed studies and management plans for each lake. • Depth characteristics. Regulatory agencies use a maximum depth of 6.6 feet (2 meters) to distinguish open water wetlands from deep-water habitat characteristic of lakes and reservoirs (Environmental Laboratory 1987). The City will use the maximum depth of a lake when determining the uses for which it will be managed. Eagan classifies its lakes into four categories as defined below: Class L1 (Full Recreation) – The City intends Class L1 lakes to support recreation including swimming, fishing, boating, and canoeing. Except for Fish, these are deep lakes. Historical water quality data suggest Class L1 lakes can provide long-term support of intended uses with a reasonable level of management effort. Where in-lake quality is better than numerical classification standards, the City will manage Class L1 lakes to prevent degradation of water quality, with allowances for natural variability. Class L2 (Limited Recreation) – The City intends Class L2 lakes to support recreation such as fishing and canoeing. These shallow lakes support limited recreation for most of the summer in most years. Class L3 (Wildlife Habitat) – The City intends Class L3 lakes to support wildlife habitat, diverse wetland vegetation, educational opportunities, and aesthetics. Because they are shallow, Class L3 lakes are not managed for fishing and have limited opportunities for canoeing or boating. Class RP (Regional Park) – Several lakes occur within Lebanon Hills Regional Park, or Fort Snelling State Park. The City classifies these lakes as RP (Regional Park) lakes because they are the responsibilities of Dakota County or MDNR. Any possible management activities by the City will be in support of these lead agencies. Subclass (Neighborhood Fishing Lakes) – For almost 30 years, the City has supported public recreational fishing opportunities by aerating lakes in winter and by providing fishing access, piers, and structures in parks. In 2008, the City completed a trail through Wandering Walk Park. This public access to Bald Lake completed the goal of Eagan’s Neighborhood Fishing Program, as identified in the 2007 WQWMP, to provide a public fishing opportunity to most residents within about a mile of their home. The Neighborhood Fishing Program includes 13 lakes, which are classified as either L1 or L2. This plan distinguishes fishing lakes as a sub-class of lake classifications. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-5 4.5 LAKE PRIORITIZATION One of the main goals of this plan is for each priority lake to meet or exceed prescribed water quality criteria to support its intended uses. Consistent with this plan’s philosophy of “limited resources, smartly applied,” the City will prioritize expenditures on the highest ranked lakes. The prioritization scheme in this section identifies the lakes on which to focus community management efforts and requests for outside funding support. Lakes are ranked similarly to the 2007 WQWMP (City of Eagan 2007) using criteria to assess potential use and current water quality conditions. To account for biological conditions that may hinder restoration, especially in shallow lakes, water quality conditions were combined with biological conditions (e.g., presence or absence of aquatic invasive species) to quantify restorability of the lake. Thus, lakes are ranked by their use potential and restoration potential. Because RP lakes are the responsibilities of other agencies, they were not ranked. Further details of the lake ranking procedures and scores can be found in Appendix D. PRIORITY LAKES AND WATER QUALITY STANDARDS 4.5.1 The City recognizes 34 priority lakes in Eagan, nine of which are within Lebanon Hills Regional Park and two of which are within Fort Snelling State Park. Minnesota’s eutrophication standards for lake water quality vary depending on the Ecoregion and depth classification. Ecoregions, mapped by the U.S. Environmental Protection Agency, have relatively uniform characteristics regarding land use, soils, topography, and potential natural vegetation. Eagan lies entirely within the NCHF Ecoregion and includes shallow and deep lakes. MPCA may consider some of the smallest and shallowest of Eagan’s lakes to be wetlands; lake eutrophication standards would not apply to those waterbodies. More information about the lakes can be found online at the MDNR’s LakeFinder website. Numerical water quality standards associated with shallow and deep lakes in Eagan are indicated in Table 4.2. Consistent with MPCA standards, an Eagan lake does not meet its intended condition if the total phosphorus (TP) standard is exceeded and either the chlorophyll-a (Chl-a) or Secchi depth standard is exceeded. Table 4.2. Eutrophication water quality standards for lakes in Eagan. Parameters Shallow Lakes Deep Lakes Total Phosphorus (µg/L) ≤60 ≤40 Chlorophyll-a (µg/L) ≤20 ≤14 Secchi depth (meters) ≥1.0 ≥1.4 Distinguishing identifications, characteristics, classifications, and water quality references of Eagan’s lakes are listed in Table 4.3. Lake locations are shown in Figure 4.2. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-6 Table 4.3. Eagan’s priority lakes. Lake City ID MDNR ID# Neighborhood Fishing Lake Acres Max Depth (ft) Depth Class Shoreland Class3 Water Quality Status4 Summer Water Quality 10-Year Average5 TP (µg/L) Chl-a (µg/L) Secch i (m) L1 - Full Recreation Lakes Fish JP-4 19005700 Yes 28.9 33 Shallow GD Impaired (Mercury) 44 21.9 2.2 Carlson LP-42 19006600 Yes 12.0 19 Deep GD Impaired (Nutrients) 47 27.0 1.5 Heine1 BP-5 19015300 Yes 7.2 30 Deep N/A Unassessed 22 6.3 3.4 L2 - Limited Recreation Lakes Schwanz1 LP-32 19006300 Yes 11.5 13 Shallow RD Meets Standards 38 19.4 2.0 Blackhawk BP-1 19005900 Yes 37.7 10 Shallow RD Impaired (Mercury) 52 12.5 2.1 Thomas BP-7 19006700 Yes 40.4 7 Shallow GD Meets Standards 47 10.2 1.6 LeMay DP-2 19005500 Yes 36.5 16 Shallow GD Impaired (Nutrients) 65 25.7 1.6 North1 EP-2 19013600 Yes 14.2 11 Shallow N/A Impaired (Mercury) 49 19.1 2.1 Hay1 LP-31 19006200 Yes 19.8 9 Shallow GD Meets Standards 29 6.5 1.6 Bur Oaks GP-1 19025900 Yes 10.0 9 Shallow N/A Meets Standards 39 7.0 1.7 Cliff1 AP-11 19006800 No* 11.8 8 Shallow GD Meets Standards 72 10.0 1.7 Bald JP-20 19006100 Yes 10.3 9 Shallow GD Meets Standards 53 11.5 1.4 Holz1 LP-28 19006400 Yes 9.2 9 Shallow GD Impaired (Nutrients) 81 30.9 1.3 East Thomas BP-8 19016100 Yes 8.8 9 Shallow N/A Unassessed ISD ISD ISD L3 - Wildlife Habitat Lakes McCarthy JP-9 19006000 No 11.3 6.0 Shallow RD Unassessed 108 35.2 0.9 O'Leary2 DP-7 19005600 No 16.1 5.0 Shallow GD N/A2 101 37.7 1.0 Mooney1 JP-7 19014800 No 7.0 5.0 Shallow N/A Unassessed 82 31.0 1.0 Fitz1 LP-26 19007700 No 11.5 10.0 Shallow GD Impaired (Nutrients) 77 37.4 0.9 Shanahan1 FP-8 19005400 No 13.1 7.0 Shallow GD Unassessed 55 13.9 1.3 WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-7 Table 4.3. Eagan’s priority lakes. (cont.) Lake City ID MDNR ID# Neighborhood Fishing Lake Acres Max Depth (ft) Depth Class Shoreland Class3 Water Quality Status4 Summer Water Quality 10-Year Average5 TP (µg/L) Chl-a (µg/L) Secch i (m) Southern1 LP-30 19005300 No 9.2 9.2 Shallow N/A Meets Standards 33 7.9 2.3 Quigley2 LP-43 19015500 No 15.2 15.2 Shallow N/A N/A2 66 16.9 0.8 Unnamed JP-6 19014400 No 6.6 6.6 Shallow N/A Unassessed 115 62.7 1.0 Almquist BLP-4 19007000 No 9.4 9.4 Shallow GD Unassessed ISD ISD ISD RP - Regional Park Lakes Schulze1 LP-24 19007500 No** 11.9 13.0 Shallow NE Unassessed ISD ISD ISD Holland LP-38 19006500 Yes 36.4 75.0 Deep NE Unassessed ISD ISD ISD McDonough LP-45 19007600 Yes 16.7 11.0 Shallow RD Unassessed ISD ISD ISD O'Brien LP-18 19007200 No 35.1 10.0 Shallow NE Unassessed ISD ISD ISD Jensen LP-12 19007100 No 51.9 6.0 Shallow NE Unassessed ISD ISD ISD Gerhardt BLP-2 19006900 No 13.5 17.0 Shallow NE Unassessed ISD ISD ISD Marsh1 LP-22 19030800 No 27.5 7.0 Shallow N/A Unassessed ISD ISD ISD Portage LP-19 19007400 No 9.4 ISD Shallow NE Unassessed ISD ISD ISD Cattail LP-21 19007300 No 7.4 ISD Shallow NE Unassessed ISD ISD ISD Gravel Pit1 CP-9 19012800 No 23.1 55.0 Deep N/A Unassessed ISD ISD ISD Gun Club HP-0 19007800 No 207.7 2.5 Shallow NE Unassessed ISD ISD ISD General data: City, MDNR, MPCA; Water quality data: City. 1Locally used name. 2Considered a wetland by MPCA; state lake eutrophication standards not applicable. 3Shoreland Overlay District (City Code §11.67): GD= General Development; NE = Natural Environment; RD = Recreation Development; N/A = Not Applicable. 4As of MPCA 2016 303(d) list; Most lakes unassessed for mercury; "Meets Standards" for nutrients only. 5June-Sept. averages of water quality from 3 or more years, 2008 through 2017: TP = Total Phosphorus; Chl-a = Chlorophyll-a; Secchi = Secchi depth; ISD = Insufficient Data. *Not publicly accessible, managed as fish-stock source. **Not managed for fishing, but in MDNR fishing guide. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-8 Figure 4.2. Surface waters, open spaces, and impaired waters in Eagan. Base data: MDNR; Impaired waters data: MPCA 2016 303(d) list. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-9 4.6 LAKE MANAGEMENT PRACTICES Lake management activities occur both in watersheds to reduce pollutant inputs and within lakes to reduce sediment phosphorus release and improve biological conditions. In general, the City’s philosophy is the first step in protecting/restoring water quality in a lake is to focus on reducing harmful inputs from the watershed to the maximum extent practicable. Regarding watershed pollutant reduction, previous versions of the WQWMP outline numerous structural and non-structural BMPs that help the City achieve its goals. Virtually all in-lake activities in public waters—including aeration, mechanical removal or herbicide applications for plant control, and stocking or removal fish—require a MDNR permit. The following is a summary of some key program topics, management tools and guidance for their application. NUTRIENT AND ALGAE MANAGEMENT 4.6.1 The first goal of Eagan lake management is to control phosphorus inputs to lakes, in order to limit excessive algal growth and eutrophication. Watershed sources of phosphorus include leaf litter, grass clippings, lawn fertilizer (although already restricted in Minnesota), pet or wildlife waste, soil erosion, and automotive fluids. Over time, this phosphorus can build up in sediments and eventually be released back into lake water, contributing to excessive algal blooms. This sediment-based source of phosphorus is often referred to as internal phosphorus loading or legacy phosphorus. Both external and internal phosphorus sources must be addressed to restore lakes to their best attainable water quality and ecological conditions. External Nutrient Loading. The City has long acknowledged watershed inputs to lakes (i.e., loading) by conducting detailed source assessments and feasibility studies aimed at understanding and evaluating ways to reduce watershed impacts to lakes. The City will continue to use stormwater BMPs such as ponds, iron-sand filtration systems, and green infrastructure in accordance with diagnostic studies to manage watershed nutrient loading. The City recognizes ponds and wetlands can be sources of watershed phosphorus, and since 2002, it has been successfully treating strategic waterbodies with alum. Internal Nutrient Loading. Lakes are a natural sink for phosphorus in watersheds and build up phosphorus in their sediments. This sediment phosphorus can be permanently eliminated from the eutrophication cycle through the use of chemicals (primarily alum). The City of Eagan has a long history of using alum in lakes. In the past decade, important advancements have occurred in the science of using alum to inactivate phosphorus in sediments (Rydin and Welch 1999, James and Bischoff 2016). These advancements have significantly increased the success rates of alum treatments. There are a number of keys to using alum to ensure its effectiveness and long-term performance. A well-defined alum treatment includes: 1. Validation of the dynamics of phosphorus release from sediments in a lake, pond or wetland. This includes collecting and analyzing sediments to ensure an application will be effective. 2. Validation of the lake or pond as a good candidate to meet the goals of an alum application. One approach is to evaluate if an application will meet project objectives. 3. Setting sediment targets for converting phosphorus that is biologically available into phosphorus that is chemically bound and unavailable. 4. Proper calculation for amount of alum needed, using the most current and available techniques. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-10 5. Follow-up monitoring to achieve established sediment targets. AQUATIC PLANT MANAGEMENT 4.6.2 A healthy submersed, rooted plant community is essential to achieve and sustain clear-water conditions in lakes (Scheffer 2004). Based on this understanding of shallow lake ecology, the City will manage aquatic plant communities primarily with the intention of having the most diverse submersed aquatic plant communities that are feasible. The City also finds it desirable to manage aquatic plants to support public fishing, boating, and recreational access. Any operation to control aquatic vegetation will seek to achieve a balance between providing for recreation, consistent with the lake’s intended use, while leaving rooted plants to stabilize sediment and provide fish and wildlife habitat. Aquatic Plant Harvesting. During the growing season (May through September), the City prefers mechanical removal over herbicides to control nuisance levels of aquatic vegetation. There may be limited removal of vegetation in near-shore areas, such as the creation of lanes to open water from near-shore areas, but generally the City’s harvesting machine is intended for offshore areas. The City may also manage aquatic plants by mechanical removal or herbicides near fishing piers. MDNR permits and subsequent data reports are required for plant removal activities in any of these situations. Algae and Floating-Leaf Species. Consistent with MDNR plant regulations, any rooted floating-leaf species (lotus, lilies, and some pondweeds) are very desirable and in most cases will be protected, even when quite prevalent. Non-rooted floating-leaf species such as duckweed or watermeal are quite common in Eagan lakes and in general will not be managed with herbicides or other means; these are consequences or symptoms of other nutrient cycles in lakes, and management efforts need to focus on controlling nutrients upstream and on larger in-lake scales. Planktonic and filamentous algae can be problematic for recreation, but are again symptoms of larger-scale nutrient loading issues. The City will encourage residents or lake groups to engage private contractors to perform permitted small-scale herbicide control at their shorelines as permitted by MDNR if they are interested in targeted filamentous algae control. Native Shoreline Buffers. The City has planted native emergent and upland vegetation at several sites (e.g., Moonshine Park and Cedar Pond) that it will maintain for desirable species. Such native buffers are opportunities for public education and involvement, help to inhibit invasive species of vegetation, provide wildlife habitat, and enhance aesthetic quality of parks. The City will encourage residents to plant native species along their lake, wetland, or pond shorelines. Whole Lake Drawdown. A whole lake drawdown exposes lake sediments, which compresses the lake bottom, retains nitrogen, and reinvigorates the seedbed of native submersed aquatic vegetation. This technique has been used widely, although it greatly impacts aesthetics, birds, amphibians and other wildlife while in effect. These impacts are relatively short-lived, however, and the aquatic habitat can be vastly improved. Drawdowns are typically used to re-establish submersed vegetation populations or to increase the diversity of plants to affect lake ecosystems. Many sites in Eagan are poor locations for drawdowns due to topography and the difficulty in carrying out such activity with the existing infrastructure of the storm drainage system. The City may consider a drawdown when other options are not feasible. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-11 AQUATIC INVASIVE SPECIES (AIS) 4.6.3 Prevention of new introductions of AIS and control of existing AIS populations are high priorities. Generally, the City intends to manage species detrimental to water quality (e.g., zebra mussels or common carp) first before attempting other water quality improvements. Herbicidal control of some aquatic plant species may be appropriate in either small- or large-scale applications, provided wide-scale treatments will not adversely impact native plant communities. Management goals and activities will be described in specific lake management plans. The City, in cooperation with the MDNR, provides educational materials to local residents and lake users regarding the spread of destructive invasive species. Future actions may include pursuing grant funds to contract AIS removal, to provide signs and information at “Fishing in the Neighborhood” (FiN) lakes and to perform other monitoring activities to prevent the introduction and spread of AIS. The City performs management and sampling activities with great care, and follows protocols designed to avoid spreading AIS to new locations. Currently, these notable AIS are known to exist in Eagan waterbodies: Curly-leaf pondweed is an aggressive plant that can interfere with surface use of lakes in late spring or early summer. Its die-off and decomposition in mid-summer exposes large areas of sediment that may be vulnerable to resuspension, and may be a contributing factor in algal blooms that then dominate the lake for the remainder of the summer. Curly-leaf pondweed can present a significant obstacle to achieving in-lake water quality goals. The City will control nuisance levels where practical and within the limits of City resources, while minimizing negative impacts to native species. While timely harvesting aquatic plants may help to limit the dispersal of curly-leaf pondweed, harvesting also risks spreading this plant through fragments. Eurasian watermilfoil (EWM) is currently known to exist in Fish, Heine, Blackhawk, Thomas, and Gravel Pit lakes, as well as several other locations within Lebanon Hills Regional Park (McComas 2016). The City performs management and sampling activities with great care and following MDNR protocol to avoid spreading EWM to other locations, and public signage is posted at lake accesses. The City works with MDNR as well as Dakota County to report any new findings and to stay current on public educational messages and outreach. Flowering rush has been identified at Holz Lake, and currently is only along the shoreline in its emergent form. Through a 2018 grant from Dakota County, the City will support removal of existing plants by mechanical and herbicidal means, along with a watershed-wide public outreach campaign, pending MDNR permit approval. The City will remain vigilant for occurrence downstream and nearby for any possibility of early detection. Purple loosestrife occurs in many Eagan sites, although City control of new infestations by herbicides is satisfactory, and some beetle activity occurs in other locations as biological controls. The City will track loosestrife locations in GIS and will manage populations, as time and resources allow, by hand-pulling or cutting with herbicide. Common carp are found in the Minnesota River and its connected lakes (i.e., Gravel Pit and Gun Club). Currently no other waterbodies farther “upstream” in Eagan are known to contain common carp, although common goldfish are quite prevalent, especially in smaller storm ponds prone to winterkill of less tolerant species. Fisheries management in smaller ponds may be an issue to examine in future, however the City must consider strict prioritization and special circumstances because it is unreasonable to expect control of all rough fish throughout Eagan. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-12 Zebra mussels were detected in the Minnesota River in October 2017 by MDNR about 5 miles upstream of Eagan’s border, but have not yet been found in any local lakes. Prevention, early detection efforts, and public education are critical. Eagan’s non-motorized watercraft ordinance helps to restrict boat traffic, reducing the potential for spread of AIS. FISHERIES MANAGEMENT 4.6.4 Neighborhood Fishing Program. Recreational fishing is one of the primary intended uses of many of Eagan’s priority lakes. The goal of the City’s Neighborhood Fishing Program is to provide a publicly accessible, sport fishery within about a mile of every residence. In early summer 2006, the St. Paul Pioneer Press recognized Eagan as the suburb with the best fishing in the east area of the seven-county TCMA. The City provides sport fishing at 12 Eagan lakes and manages Cliff Lake without public access as a fish- stock source (see Table 4.3). Dakota County and MDNR manage two additional lakes for fishing within Lebanon Hills Regional Park. Successfully managing a sport fishery requires population monitoring using trap nets, creel or public use surveys, stocking or removal of desirable/undesirable species, preventing winterkills through targeted aeration, maintaining fishing access sites such as piers, bridges, and overlooks, and providing public information such as lake and access maps. The City works with the MDNR’s FiN program to survey lakes, coordinate stocking efforts, and promote educational events. Based on survey results, the City strategically funds stocking efforts and promotes catch-and-release fishing in public education materials. Generally, Eagan’s shallow lakes have less of an oxygen reserve over the winter than deep lakes, but even deep lakes may have very low oxygen levels at depths below the surface. Causes of low dissolved oxygen (less than 5 parts per million) in winter are ice formation that prevents exposure of the surface to air and wind, snow cover that limits sunlight for photosynthesis, bacterial decomposition of submersed plants and algae that uses oxygen, and fish and other organisms that use oxygen. Low dissolved oxygen conditions are stressful to Eagan’s most common game fish such as largemouth bass, sunfish, and northern pike, which can result in partial or total winterkills. Also possible are spring die- offs, which are influenced by warming water temperatures and surges in bacterial activity, along with the stresses of spawning for some fish species. Because of the realistic possibility for winterkills (and spring die-offs) to occur anywhere without adequate aeration, the City installs aeration systems in winter on Neighborhood Fishing Lakes to support healthy fish communities and public fishing opportunities. Eagan’s winter aeration program has transformed many of these lakes by significantly reducing fish kills. In some cases, the City may allow winterkills or conduct fish removals when attempting to restructure populations to help achieve lake use or water quality goals. Biomanipulation. Biomanipulation is the intentional alteration of biological communities by various means. Fish communities are a key factor affecting water quality in shallow lakes (Scheffer 2004, Moss et al. 1996). Bottom-feeding rough fish cause sediment re-suspension, which increases turbidity and decreases water clarity. Large numbers of (i.e., stunted) sunfish and other species reduce the number of large-bodied zooplankton, which are important algae grazers that support water clarity. In addition, there is evidence that in lakes with high populations of small sunfish, the forage base to sustain them becomes exhausted, and the sunfish resort to bottom-feeding behavior similar to bullheads (McComas 2005). This exacerbates turbidity and release of nutrients from sediments. Biomanipulation in these cases could mean re-balancing fisheries populations to increase species richness for optimum predator- prey relationships. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 4-13 Fisheries that support clear-water lake conditions often include large predator (piscivorous) populations to help control sunfish and bottom-feeders, such as largemouth bass, northern pike, walleye, and channel catfish. These fish also increase interest in recreational use of the resource. The City encourages catch-and-release of larger specimens of piscivorous species. To encourage the abundance of these species, the City collaborates with the MDNR to monitor fish communities and surveys the public to estimate catch rates and fishing pressure. These data may allow the City to develop fisheries management plans to support healthy lake systems. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 5-1 Pollutants, Climate, and Biological Aquatic Concerns 5.0 5.1 IMPAIRED WATERS LAKES 5.1.1 In 2006, the MPCA listed Fish and Schwanz lakes as impaired for aquatic recreation under Section 303(d) of the Clean Water Act. The main cause for these impairments was excess TP. At the time these lakes were listed, only one TP standard existed for the NCHF Ecoregion. In 2008, the EPA approved Minnesota’s revised deep- and shallow-lake standards, establishing maximum acceptable TP and Chl-a concentrations and minimum acceptable Secchi depths and differing for each lake type. Historical TP concentrations and Secchi depths in shallow Schwanz Lake met or exceeded the revised standards, so MPCA then removed Schwanz Lake from the 2010 impaired waters list. The City subsequently completed the Fish Lake Nutrient Impairment TMDL and Schwanz Lake Nutrient Management Plan that was approved by EPA (Bonestroo 2010). The MPCA awarded the City a Clean Water Partnership grant in 2012 to study and develop management plans for 12 lakes. The MPCA listed four of these lakes (Carlson, Fitz, Holz, and LeMay) on the 2014 MPCA impaired waters list due to high TP levels. Four other lakes (Bur Oaks, Hay, Southern, and North) met water quality standards. Two (Bald and Cliff lakes) had elevated TP levels but acceptable Chl-a and Secchi depth readings, so MPCA did not consider these impaired. The MPCA determined two Eagan lakes (O’Leary and Quigley) to be considered wetlands due to their depths, plant communities, and other characteristics. Therefore, these waters are not subject to lake water quality standards. To address the four impaired lakes, the City followed required TMDL procedures to identify the sources of pollutants and develop plans to bring these waters into compliance with state water quality standards; for the eight waterbodies not listed as impaired, the project developed protection plans. In 2015, the MPCA and EPA approved the TMDL plans for the four impaired lakes. Details of these lake plans are in the Eagan Neighborhood Lakes TMDL and Management Plans Report (Wenck 2015). The MPCA considers an additional three lakes (Blackhawk, Fish, and North) as impaired due to excess mercury concentrations in fish tissue. The EPA approved the MPCA’s mercury TMDL studies that included Blackhawk and North lakes in 2007 and 2008, respectively. The MPCA’s target completion year of the mercury TMDL for Fish Lake is 2020. Table 5.1 summarizes Eagan’s impaired lakes, as of 2016. Table 5.1. Impaired lakes in Eagan. Lake MDNR ID# Affected Use Pollutant TMDL Approved Blackhawk 19005900 Fish Consumption Mercury 2007 Carlson 19006600 Aquatic Recreation Nutrients 2015 Fish 19005700 Fish Consumption Mercury - Fitz 19007700 Aquatic Recreation Nutrients 2015 Holz 19006400 Aquatic Recreation Nutrients 2015 LeMay 19005500 Aquatic Recreation Nutrients 2015 North 19013600 Fish Consumption Mercury 2008 Source: MPCA 2016 303(d) list. The City effectively carried out its Fish Lake Nutrient TMDL Implementation Plan (City of Eagan 2010), which resulted in the MPCA delisting the lake in 2014. Table 5.2 summarizes annual nutrient load WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 5-2 reductions for impaired lakes, as of 2016. Table 5.3 summarizes recommended load reductions for “protection lakes” (Wenck 2015). Where there are no recommended reductions, the City will focus on preventing increases in nutrient loading from watersheds. Table 5.2. Annual total phosphorus (TP) load reductions for impaired lakes. Lake Annual Total Phosphorus Load (lbs/yr) % Existing TMDL Required Reduction Carlson 65.5 48.5 18.7 26 Fitz 43.5 20.0 24.3 54 Holz 38.4 29.9 9.0 22 LeMay 183.5 138.6 51.1 24 Note: Arithmetic differences are due to rounding. Table 5.3. Annual TP load reductions recommended for protection lakes. Lake Annual Total Phosphorus Load (lbs/yr) % Existing Target Recommended Reduction Bald 29.2 20.5 9.1 30 Bur Oaks 75.0 69.7 5.3 7 Cliff 69.4 31.7 38.7 54 Hay 46.5 46.5 0 0 North 161.1 161.1 0 0 O’Leary 13.0 9.2 4.2 29 Quigley 17.7 12.9 5.0 27 Southern 18.4 18.4 0 0 Note: Arithmetic differences are due to rounding. CHLORIDE 5.1.2 The Twin Cities Metropolitan Area Chloride TMDL Study (MPCA 2016) includes 36 lakes, wetlands, and streams that are impaired by excess chloride levels, none of which are in Eagan. The report also identifies “high-risk” waters from which monitoring data indicate elevated chloride levels that have not yet exceeded impairment thresholds. The report includes Eagan’s Fish Lake as one such “high-risk” water, and the report suggests cities with these resources consider developing individual chloride management plans. In general, the report suggests road authorities and other regulated entities take proactive steps, whether or not runoff drains to an impaired or “high-risk” waterbody, to reduce the application of road salt for winter ice and snow control as much as possible without compromising public safety. OTHER IMPAIRMENTS 5.1.3 The reach of the Minnesota River bordering the City is impaired by mercury in fish tissue; mercury in the water column; PCBs in fish tissue; dissolved oxygen; and turbidity. While the City does not discharge directly into the Minnesota River but rather into floodplain wetlands and lakes in the river valley, its actions to reduce stormwater runoff volume and nutrient and sediment loading into the storm sewer system will have a beneficial impact on the Minnesota River. The City is also located within the contributing area of the South Metro Mississippi River Total Suspended Solids TMDL Study (MPCA 2015). This report indicates entities with MS4 responsibilities including Eagan can demonstrate compliance with the TMDL through monitoring or modeling of watershed loads entering the river. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 5-3 5.2 LOCALIZED FLOODING ISSUES Generally, the design requirements of the City’s stormwater conveyance system intend to prevent localized flooding of homes and businesses with an appropriate safety factor. The City implemented many updates to the system after a large storm event in 2000. However, the new standard (i.e., NOAA Atlas 14) precipitation estimate for Eagan’s 1% probability event is 24% greater than the standard the City used in previous plans. The details of flood control and emergency planning are included in the City’s updated Stormwater Management Plan, which the City will collaborate with this plan to ensure water quality efforts are maximized with storm sewer improvements wherever possible. 5.3 OTHER PROBLEMS AND ISSUES AQUATIC INVASIVE SPECIES 5.3.1 AIS may cause economic or environmental harm or harm to human health. Several Eagan lakes are infested with MDNR-listed high priority AIS, including flowering rush and Eurasian watermilfoil. While not a state-designated high-priority AIS, curly-leaf pondweed and purple loosestrife are present in many Eagan lakes and wetlands. In addition to zebra mussels and common carp, a number of known and unknown invasive species have yet to be found in Eagan. The City will continue to implement educational programs and partner with Dakota County and MDNR as appropriate to reduce AIS when possible and to participate in programs that help prevent the spread of AIS. HARMFUL ALGAL BLOOMS (HABS) 5.3.2 During warm summer months, lakes can produce excessive algal blooms, especially shallow, nutrient rich lakes. These blooms may contain blue-green algae with the potential to produce toxins that are harmful to people and pets. HABs, often resemble “pea soup” or green paint, and often produce a swampy odor. They may also block sunlight sufficiently to deplete dissolved oxygen quickly, which can kill fish. Because the City does not administer swimming areas, it doesn’t monitor lakes for HABs. The City will forward reports of suspicious algal blooms to the MPCA for tracking and potential testing, because there is no way to tell if an algae bloom is toxic without laboratory analysis. Generally, the City promotes residents to think, “When in doubt, stay out!” to avoid potential health effects from HABs. EMERGING CONCERNS 5.3.3 Contaminants. A number of contaminants are harming water resources in urban areas. For example, polycyclic aromatic hydrocarbons (PAHs)—some classified as carcinogens—from driveway sealants are in some stormwater pond sediments. Such contaminated sediments significantly increase the costs of pond maintenance projects because these excavated materials must be disposed appropriately in certain landfills. Endocrine disruptors, perfluorinated chemicals, and microplastics are just a few of the other contaminants the MPCA, MDH, and other agencies and academics are monitoring in aquatic ecosystems. Climate Change. Minnesota’s climate is ever changing. Winter temperatures are variable, and extreme precipitation events have been larger and more frequent than only a few decades ago (MDH 2015). Reduced snow cover may encourage expansion of curly-leaf pondweed, which begins growing under the WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 5-4 ice, and then out-competes native plants in early summer. Higher intensity and frequency of storms deliver more pollutants to surface waters than in the past, which could increase phosphorus loading. Higher air temperatures may lead to higher water temperatures and increased frequency and duration of lake algal blooms, as well as presenting unique challenges to fish communities and ecosystems. While there are large-scale efforts by others to increase efficiencies and decrease carbon footprints, the City will consider local effects of a changing climate, larger storms, and changing ecosystems when setting goals and addressing public expectations for protecting and improving its surface waters. Adapting to a changing climate means developing and implementing strategies, initiatives and measures that help us and our environment cope with the impacts. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 6-1 Goals and Policies 6.0 This section of the Plan outlines goals and policies guiding surface water management in the City of Eagan. 6.1 SCIENTIFICALLY-BASED, COMMON SENSE MANAGEMENT GOAL: Manage surface water resources using scientifically-based, common sense approaches that meet or exceed regulatory requirements. POLICY 1: Comply with watershed management plan requirements, Met Council directives, and state and federal requirements for surface water quality management and shoreland management. The City will adhere to the standards and requirements of the governing watershed management authorities of the City, as well as those of the Met Council and the State of Minnesota (including the TMDL program and NPDES Phase II requirements). Generally, the City will take the lead to complete and implement TMDLs for impaired waters whose watersheds are located wholly within the City boundaries. For impaired waters whose watersheds extend into adjacent communities, the City may request the appropriate watershed management authority either to take the lead (with City participation as needed) or to co-facilitate the completion and implementation of the TMDL. For TMDLs that have regional implications (e.g., the Minnesota River), the City will cooperate with lead agencies. POLICY 2: Manage lakes to achieve clear water conditions with abundant and diverse emergent and submersed native-dominated plant communities. The City will place a high priority on management measures that have reasonable chances of achieving the natural state of lakes: clear water and a rich community of native aquatic plants. POLICY 3: Emphasize adaptive management in managing priority aquatic ecosystems. Because lakes are complex systems where management outcomes can be difficult to predict, the City will place a high priority on management measures that have reasonable costs and chances of positive outcomes for specific lakes. Monitoring to determine the cost-effectiveness of management measures in achieving the goals for each resource will be a City priority. POLICY 4: Prioritize use of City resources for stormwater basin management where public access and citywide benefits exist. Generally, the purposes of stormwater basins are providing flood storage, controlling flow rates, and treating runoff by physically settling and biologically processing pollutants. They are not managed for aesthetics. The City will balance water quality or habitat improvement efforts for stormwater basins without developed public accesses with overall public benefits. The City will work with interested residents in an advisory capacity to improve basin environments. Where significant citywide benefits and/or knowledge benefiting the City may be gained, adequate staff and financial resources are available, and successful efforts are likely, the City may assist with or directly implement management measures at specific stormwater basins. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 6-2 POLICY 5: Manage priority lakes according to individual lake management plans. The City will manage Eagan’s priority lakes through forward-thinking, customized plans for individual lakes and considering unique in-lake conditions, watershed factors, updated studies, ongoing improvement projects, and management opportunities. The City may identify partnerships with residents, lake associations, watershed management authorities, or other governmental agencies to increase the chances of success and to reduce the overall costs of developing and executing lake management plans. POLICY 6: Integrate long-term monitoring with citywide water quality modeling to evaluate compliance with state water quality standards and to predict water quality conditions. The City will maintain up-to-date citywide water quality models for various lake watersheds to evaluate the impact of new development and redevelopment activities and to estimate the effects of management measures. The City will routinely monitor the conditions of priority resources to determine the status and trends of water quality, aquatic vegetation, and fish community and to ensure the accuracy of the models used to predict water quality in those resources. 6.2 MANAGEMENT OF WATERSHED INPUTS GOAL: Control watershed loadings to help meet or exceed surface water quality requirements. POLICY 1: Combine watershed control measures with aggressive in-lake management measures, where necessary. The City will place a strong emphasis on implementing all appropriate and reasonable Best Management Practices (BMPs) in lake watersheds to minimize runoff-derived sources of nutrients and other pollutants. The City will combine watershed management measures with in-lake management strategies to achieve water quality goals. The City will partner with other entities as necessary to ensure the full range of these control methods can be employed in a safe and cost-effective manner on as frequent a basis as necessary to achieve the goals in this plan. POLICY 2: Tailor ice and snow control strategies to balance public safety and impacts on water resources. While providing for a reasonable level of public safety is the highest priority, the City will undertake forward-thinking ice and snow control practices, such as those in the MPCA’s Winter Maintenance Assessment Tool, to ensure the most efficient and effective use of road salt. The goal is to reduce to the maximum extent practicable the potential adverse impacts of chloride on groundwater from infiltration and on surface waters from runoff. POLICY 3: Remove street debris through regular spring and fall sweeping, with more targeted sweeping in watersheds of priority water bodies. The City will conduct at least two seasonal citywide street sweeping efforts, one in the spring and one in the fall. Streets will be swept in the spring as soon as practicable and in the fall generally after most WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 6-3 leaves have fallen and where there are mature trees. The City also will conduct other sweeping throughout the year in prioritized watersheds based on modeling of nutrient loading and the expected removal of known materials. POLICY 4: Inspect and maintain storm drainage system to preserve the effectiveness of stormwater treatment features. The City will inspect the stormwater management system according to NPDES permit requirements to assess maintenance needs. The City will prioritize maintenance, clean-outs, and rehabilitation based in part on inspection results. It will implement high priority maintenance and possible system improvements through the City’s capital improvements program. POLICY 5: Increase awareness that dumping into the storm drainage system is prohibited and enforce as necessary. The City will deliver educational messages and materials to contractors, businesses, and residents about Eagan City Code §7.05, which prohibits the discharge of foreign materials into the stormwater system (i.e. illicit discharges), including refuse, dirt, yard wastes, sewage, petroleum products, antifreeze, paint, stain, solvent, chemicals, fluids leaking from vehicles or any other materials that are not expressly defined as authorized non-stormwater discharges. It will refer issues for corrective actions to eliminate illicit discharges and resolutions of code violations by responsible parties, as necessary and appropriate. POLICY 6: Maintain spill response capability. The City will maintain spill response procedures, according to the MS4 General Permit, and spill clean-up kits, safety data sheets, personal protective equipment, and other necessary materials for initial and minimal responses to spills. The City will train appropriate staff regularly to identify and report illicit discharges and to know locations and contents of the City’s spills-response kits. 6.3 MANAGEMENT OF LAND DEVELOPMENT ACTIVITIES GOAL: Protect surface water resources from impacts of land development and re-development activities. POLICY 1: Require new development and redevelopment activity creating 10,000 or more square feet of new or fully-reconstructed impervious surface to retain 1.1” of runoff from new or fully reconstructed impervious surface and maintain predevelopment peak runoff rates for specific event frequencies. The City will require development applicants to comply with City Code §4.34, which provides specific requirements for new development and redevelopment activity, linear projects, and projects requiring alternative stormwater volume management and water quality controls. The City will update codes and standards as needed to stay current with anti-degradation requirements of the MS4 permit and applicable standards of watershed management authorities within the City. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 6-4 POLICY 2: Require development and redevelopment activities to comply with the Erosion and Sediment Control (ESC) provisions of the MPCA’s general construction stormwater permit under the NPDES program. The City will require inspections of construction sites to be in compliance with the erosion and sediment control provisions of City Code §4.34 and the MPCA’s general construction stormwater permit. A plan review process and performance securities are the primary mechanisms the City will use to establish a basis for compliance. The City will require applications for new or redevelopment activity to include a SWPPP for City review, as required under the general construction stormwater permit. POLICY 3: Refer to the following technical documents to guide application and design of Best Management Practices (BMPs) to achieve the performance standards identified previously in this section: • The Minnesota Stormwater Manual (MPCA website). • City of Eagan Engineering Standards Manual with Stormwater Design Guide. The City will review and, as appropriate, approve the application, performance estimate, and final design of any stormwater Best Management Practice proposed for use in the City. As the information in the technical resources cited above is updated or other credible documents are developed, the City will require applications and designs of BMPs to reflect new or revised guidance. 6.4 MANAGEMENT OF WETLANDS GOAL: Manage wetlands in compliance with all regulations and according to community values and priorities. POLICY 1: Administer the Wetland Conservation Act (WCA) with oversight by the Board of Water and Soil Resources. The City will implement its responsibility as the local government unit for administration of the WCA (according to MN Rules Ch. 8420) by making decisions on wetland applications, providing knowledgeable and trained staff with expertise in water resources management to manage the program, and engaging its technical evaluation panel as appropriate. POLICY 2: Implement City wetland protection and management regulations. The City will implement Eagan’s wetlands protection and management regulations (City Code §11.67) to meet the community priorities for wetland functions and values. POLICY 3: Enhance quality wetlands on priority basis. The City may pursue opportunities to enhance the function, value, and ecological diversity of wetlands and adjacent uplands as opportunities arise. Where citywide benefits or knowledge may be gained, the City may assist with or implement restoration measures for specific wetlands. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 6-5 6.5 MANAGEMENT OF FISHERIES GOAL: Maintain and enhance sport fisheries in compliance with all regulations, according to community values and priorities, and to help protect water quality in lakes. POLICY 1: Manage fisheries populations adaptively using the best available science, data, and expert advice, considering available City resources and expected fishing pressure. The City will direct public resources for fisheries management carefully. The City will survey fisheries populations of Neighborhood Fishing Lakes, in collaboration with MDNR, approximately every five years. For decisions about fish stocking or removal or other management activities, it will consider a variety of factors, including but not limited to, prioritizing lakes where estimated public recreation and fishing pressure is high, the most impact is reasonably likely, and water quality needs are urgent. To select species for stocking, the City will consider such variables as predator-prey impacts, species suitability, habitat availability, and the potential effects of climate change. The City also will value and consider resident input when making fisheries management decisions. The City will encourage residents interested in stocking fish in small neighborhood ponds to communicate their intentions in advance, because they must abide by MDNR regulations that require a permit for any transport or stocking of fish from one body of water to another, and because the City is interested in partnering with community members. POLICY 2: Consider biomanipulation an important part of any successful and comprehensive lake management and water quality protection program. The City will evaluate fish population structure when conducting holistic studies such as lake health assessments or TMDL projects in specific locations, and will take actions toward promoting optimal ecological balance when deemed necessary to protect or improve water quality. POLICY 3: Conduct public education and outreach activities to promote the sport of fishing as a path to environmental stewardship and to promote interest in future generations. The City will offer residents free or low-cost fishing classes each year as experiential opportunities to emphasize the importance of environmental stewardship and to encourage interest in fishing as a lifelong recreational endeavor. The City also will offer and participate in community events (e.g., LakeFest) and will provide local information about fishing (e.g., Eagan Fishing Guide). 6.6 FOSTER CITYWIDE SUPPORT GOAL: Foster citywide support for water quality management goals through a targeted and comprehensive education and involvement program. POLICY 1: Conduct a robust and wide-ranging public information and education program to community stakeholders. The City will emphasize – but not be limited to – messages about the following main topics: WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 6-6 • The extensive connection between City waterbodies and developed areas because of the stormwater drainage system, which increases the potential for runoff pollutants to enter surface waters. • The specific actions citizens, businesses, etc. can take as part of the community to reduce runoff pollution from the stormwater drainage system. • The local, state, and federal requirements related to stormwater pollution prevention. • The financial investments and staff resources the City is committing toward water quality system improvements. • The specific actions the City takes in its day-to-day operations to set a good example in water resources protection. POLICY 2: Provide opportunities for the public to discuss and provide input on stormwater management, water quality, and wetland protection issues and programs. The City will solicit the community regularly to present views on these issues. The City will consider this valuable feedback to fine-tune operations, maintenance, and programming and to identify gaps or changing community needs. POLICY 3: Keep the City Council, its advisory commissions, and other groups, up-to-date on stormwater management, water quality, and wetland protection issues and programs. City staff will provide regular orientation, current information, and interpretations about implementations of the policies and requirements in this plan. City staff will also inform these entities of the cost and effectiveness of City efforts to achieve goals. POLICY 4: Educate and train City staff to be good examples in the community by modeling good practices in City operations and projects to maximize water quality and wetland protection. The City will carry out its public improvement projects and operation and maintenance activities in compliance with applicable regulations and policies and will incorporate current BMPs to the maximum extent practicable. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-1 Implementation Plan 7.0 The City of Eagan is committed to managing its surface waters using science-based, practical, and fiscally responsible actions that meet or exceed regulatory requirements. This management approach combines ongoing control and treatment of stormwater runoff with appropriate in-lake actions to protect and improve the quality of lakes and wetlands in Eagan. The implementation plan includes both operational activities and capital projects, summarized in Tables 7.2 and 7.3. 7.1 INTEGRATED STORMWATER MANAGEMENT FRAMEWORK Mathematical (i.e., computer) models describe systems using collected data and logical relationships. Water quality modeling attempts to predict how lakes and watersheds interact and respond to change, especially regarding pollution. With ongoing updates of data and their interrelationships, water quality models can estimate the effectiveness of management actions and evaluate future options to correct problems. Since 1990, the City of Eagan has maintained PONDNET models to evaluate water quality on a watershed and water resource basis. PONDNET is a period-based model (typically annual) that was developed to determine inflow and outflow total suspended solids and phosphorus amounts entering stormwater detention ponds (Walker 1987). The City’s PONDNET models now use “Event Mean Concentrations,” which are the total amounts of pollutants per the total runoff volume that are used to estimate loading, the pollutant mass entering lakes from watersheds. The models are validated with existing flow and water quality data. Although Eagan’s historical modeling approach has served the City well, more sophisticated tools have become available to address emerging issues and increased complexity regarding watershed phosphorus loading. MODELING TOOLS 7.1.1 With streamlined modeling tools, integrated stormwater management can begin to address increasingly complex issues including climate change, emerging contaminants, and historical accumulations of phosphorus (Wenck 2017). Integrated stormwater management seeks to align the City’s geospatial data and watershed modeling tools to improve management decisions. For example, sophisticated modeling can assess linkages between different water sources (e.g., groundwater, wastewater, and stormwater) to explore opportunities to improve drinking water conservation. As a part of the 2018 Comprehensive Plan update, the City developed a hydrology (PC-SWMM, Rossmann 2015) model to estimate potential watershed flooding issues. To begin integrating Eagan lakes’ water quality (PONDNET) models with the PC-SWMM model, the City will connect the models electronically to a common geographic database (i.e., geodatabase) that was used to construct the models independently. The common geodatabase will include detailed information on the City’s infrastructure, such as streets, stormwater pipes, and other water conveyance structures. This process will allow the City eventually to have a single, integrated stormwater, hydraulic, and water quality model for future planning and management. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-2 The City will work over the next 10 years toward an Integrated Stormwater Management Framework through which all aspects of water management (i.e., water supply, stormwater, and wastewater) could be evaluated using integrated tools. The City will continue to refine the geodatabase to support all aspects of water modeling, to integrate monitoring data, and to develop ways to apply integrated water management to support future regulations and emerging issues, where and when feasible. Integrating all of the water management activities under one framework would allow the City to optimize costs and benefits for water conservation and reuse, water quality improvements, reduced flooding, etc. MODEL APPLICATIONS 7.1.2 The appropriate modeling framework could address emerging issues to improve water quality in the City. As new information becomes available on urban nutrient sources (e.g., Hobbie et al. 2017), modeling could be adjusted to understand better how these sources may be affecting water quality. The following are a few examples where the framework will benefit the City: Internal Nutrient Loading in Ponds. Eagan is a leading community in the TCMA in understanding the long-term implications of phosphorus sinks in watersheds. The City is finding phosphorus in the sediments of stormwater ponds is rarely permanently bound and considers many ponds to be sources of phosphorus loads to lakes. An integrated modeling framework would allow the City to evaluate water quality BMPs, including emerging solutions to address release of sediment phosphorus. Nitrogen. Nitrogen is often overlooked in urban watersheds because most lakes in the TCMA are limited by phosphorus. However, high levels of nitrogen in lake sediments may contribute to extensive (or nuisance) growths of submersed aquatic vegetation. Integrated modeling that includes nitrogen would help the City to understand and manage nutrient loading to lakes more comprehensively than it has historically. Emerging Contaminants. Sufficiently detailed integrated modelling would help to evaluate pollution sources and potential contamination in Eagan’s watersheds. For example, including measured PAHs levels in pond sediments would provide the City enhanced planning-level information for maintenance of stormwater ponds. 7.2 REGULATORY PROGRAM NPDES MS4 PERMIT 7.2.1 The City will develop, implement, and enforce its MPCA-approved SWPPP that is designed to reduce the discharge of pollutants from its MS4, to the maximum extent practicable, to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act. As a condition of the MS4 permit, the City has regulatory mechanisms, enforcement response procedures, a storm sewer map and inventory, and programs focusing on six minimum control measures. In general, the City’s efforts will include: • Conveying high-priority messages about stormwater pollution prevention and outreach about relevant policies, regulations, and standards to stakeholders in the community. • Providing opportunities for public participation and involvement by regularly soliciting input on the SWPPP. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-3 • Detecting and eliminating illicit discharges to the storm sewer system, including educating City staff and community stakeholders, inspecting potential sources, and enforcing regulations. • Controlling stormwater runoff from construction sites, including reviewing site plans, inspecting construction activities, and responding to noncompliances. • Managing stormwater runoff from developments after completed construction activities, including inspecting and maintaining permanent BMPs. • Operating and maintaining City facilities, stockpiles, storage and material handling areas, etc. to prevent or reduce discharges of pollutants. The City will demonstrate continuing progress toward meeting requirements for discharges to impaired waters, according to approved TMDL studies. It will conduct annual assessments of its SWPPP, submit annual reports about MS4 permit compliance, and keep records related to the SWPPP. LOCAL CONTROLS 7.2.2 Over the next 10 years, the City may need to update its ordinances related to water resources and stormwater management to be consistent with future regional and state policies, watershed requirements, emerging implementation issues, Eagan’s growth, etc. For example, future NPDES permits may require additional minimum standards for: • Stormwater Management Regulations (City Code §4.34) • Illicit discharges (City Code § 7.05) The City may also need to revise the following: • Shoreland Overlay District (City Code §11.65) • Wetlands Protection and Management Regulations (City Code §11.67) Unless revised in the future, the City will employ the Wetland Management Classification Flowchart that was developed in the 2007 WQWMP (City of Eagan 2007) for application of the standards in City Code §11.67 (Appendix E). WETLAND CONSERVATION ACT (WCA) 7.2.3 The City will continue as the authorized local government unit for administering the WCA, as it may be amended in the future. 7.3 EDUCATION AND OUTREACH The City will conduct a robust and wide-ranging education and outreach program, providing citywide and locally-targeted messages through partnerships between WMOs, Dakota County, Dakota County SWCD, Master Water Stewards, and other local and regional groups. The City reviews and revises its education and outreach program regularly, and key messages may change year to year. Some current examples include: • The City’s website (www.cityofeagan.com) includes general and targeted information to residents and property owners and includes links to stormwater and water resources regulations. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-4 • The City publishes a free Fishing Guide and offers families and youth free clinics to learn basic fishing skills. • Every two years the City sponsors LakeFest, a family weekend event that showcases Eagan’s lakes and local water programs. • City-sponsored volunteers monitor lake clarity through the MPCA’s Citizen Lake Monitoring Program and monitor wetland health through Dakota County’s Wetland Health Evaluation Program. • Through its Water Quality Cost Share Partnership Program, the City offers grants to property owners for projects to: o Improve water quality in surface waters; o Reduce runoff into the storm sewer system; o Preserve, protect and enhance native plant communities around public waterbodies. • The City helps to sponsor the Dakota County SWCD’s Landscaping for Clean Water workshops and design classes. Workshop graduates may be eligible for grants from the SWCD and the City to install native gardens, rain gardens, shoreline projects, etc. • The City’s Water Smart Landscaping classes, booklets, and site visits provide practical yard care tips to reduce stormwater runoff and conserve water through healthy and sustainable lawns and landscapes. • Sponsorship of the Master Water Stewards (MWS) program in partnership with the Freshwater Society provides participants skills, knowledge, and confidence to become trusted liaisons between the City and residents about yard-care and other urban land use practices that contribute to stormwater runoff. 7.4 LAKES AND WETLANDS PROGRAM LAKE MONITORING 7.4.1 The City monitors the water quality of 12 to 14 lakes annually—generally semi-monthly between mid- May and the end of September—according to a monitoring plan (Table 7.1). The City collects water samples for laboratory analysis of: total and dissolved phosphorus, total nitrogen, nitrate plus nitrite, and chlorophyll-a. It also measures in the field: dissolved oxygen, temperature, pH, conductivity, and total dissolved solids. It will sample lake sediment before and after alum applications, and in selected lakes on a rotating basis for laboratory analysis to monitor changes in sediment aluminum content and phosphorus release over time. The City may also monitor chloride levels in lakes. Table 7.1. Lake monitoring program 2018-2022. Lake Sampling Interval (yrs) 2018 2019 2020 2021 2022 L1 - Full Recreation Lakes Fish^ 1 1 1 1 1+ 1++ Carlson* 1 1 1+ 1++ 1 1 Heine 2 1+ ++ 1 1 L2 - Limited Recreation Lakes Schwanz 1 1 1 1++ 1 1 Blackhawk 1 1+ 1++ 1 1 1 Thomas 2 1+ ++ 1 1 WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-5 Table 7.1. Lake monitoring program 2018-2022. (cont.) Lake Sampling Interval (yrs) 2018 2019 2020 2021 2022 LeMay* 1 1 1 1+ 1++ 1 North^ 3 + 1++ 1 Hay 2 1 + 1++ 1 Bur Oaks^ 2 1 1+ ++ Cliff 3 + ++ 1 Bald 2 1 1+ ++ Holz* 1 1 1+ 1++ 1 1 East Thomas 3 1+ ++ 1 L3 - Wildlife Habitat Lakes McCarthy 3 1 1 O'Leary 4 1 1 Mooney 2 1 1 Fitz* 1 1 1 1 1 1+ Shanahan 3 1 1 Southern 4 1 1 Quigley 4 1 Unnamed (JP-6) 3 1+ ++ 1 Almquist 3 1 1 * Excessive phosphorus, as of 2016 MPCA Impaired Waters list. ^ Possible chloride monitoring + Sediment sampling/analysis (approx. every 5 yrs) ++ Scheduled (or possible) alum treatment, depending on sediment analysis LAKE MANAGEMENT PLANNING 7.4.2 The City has developed forward-thinking, individual management plans for 16 Eagan lakes. In the future, the City may develop additional management plans for the remaining seven lakes it manages (Almquist, East Thomas, Heine, McCarthy, Mooney, Shanahan, and Unnamed (JP-6)), depending on future priorities, emerging needs, available resources, etc. AQUATIC PLANT MANAGEMENT 7.4.3 Most Eagan lakes are composed entirely of shallow zones that support rooted plants growing to the surface and have sediments conducive to high plant productivity. One of the challenges the City faces is helping residents to understand what to realistically expect and what conditions are desirable, including widespread submersed aquatic plants that help control lake nutrient levels and provide habitat to many aquatic organisms. Surveys: The City may survey aquatic plants to estimate the diversities and densities of lake communities, depending on available resources. This may be a consideration in future when deciding how to study overall ecological health of waterbodies, depending on the situation. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-6 Harvesting: The City’s large plant harvesting machine can be launched only on lakes with a hardened ramp (i.e., Blackhawk, Fish, Holz, Schwanz, and Thomas lakes). The City will determine when and for how long to initiate harvesting operations based on, but not limited to, the following: field observations of plant density, maturity of curly-leaf pondweed, resident concerns, available resources, weather conditions, and MDNR permit requirements. Time spans of harvesting activities vary year to year, considering time and effort tradeoffs versus perceived needs for recreational access. Harvesting may help remove some of the phosphorus from lakes because plants contain phosphorus. At the least, aquatic plant harvesting temporarily reduces the amount of submersed aquatic plants from lakes. The City will not employ the harvesting machine to control light, floating species such as filamentous algae, duckweed, or watermeal, because it is designed to collect heavy, submersed aquatic plants, and is a highly inefficient and ineffective method for floating species. Controls Near Fishing Piers: The City will determine if, when, and for how long to initiate mechanical or herbicidal controls based on, but not limited to, the following: field observations, available resources, public concerns, and MDNR permit requirements. Herbicides: There has been a very limited use of herbicides in Eagan lakes to control rooted and floating aquatic plants and algae. Depending on emerging research and developments in herbicides, the City’s judicious use of certain herbicides in the future may control non-native species, such as curly-leaf pondweed and Eurasian watermilfoil, to the extent these invasive populations are suppressed and native species can re-establish dominance. In the coming years, the City expects to consider seriously if and when to consider applying herbicides, as they may be approved by state agencies and recommended by experts. FISHERIES MANAGEMENT 7.4.4 The City manages many of its lakes for survival of fish, including popular game species such as largemouth bass, northern pike, walleye, bluegill, crappie, perch, and channel catfish. There are several components to fisheries management of Eagan’s Neighborhood Fishing Lakes: Fish Population Surveys: Starting in the early 1990s, the MDNR conducted periodic lake surveys in a few locations in Eagan. With the development of the “Fishing in the Neighborhood” (FiN) program, the number and frequency of MDNR’s fish population surveys increased. However, the Eagan surveys did not always occur on schedule, and MDNR’s resources to sample all of the City’s Neighborhood Fishing lakes have been limited. In 2007, the City acquired the equipment and training to begin supplementing MDNR surveys. This has developed into a unique City-MDNR partnership that surveys fish of each lake about once every five years. Surveys involve standard methods for non-lethal netting of fish, collecting physical data, and live- releasing fish. The City may assist the MDNR in other types of local fish surveys that also use MDNR gill nets or electrofishing equipment, depending on available resources. The City will summarize its surveys into reports available to the general public, and results will help to guide management decisions such as stocking, removal, and public education about catch-and-release practices. Stocking: The City stocked fish occasionally for about 20 years, mostly to control rough fish and stunted sunfish by largemouth bass and to provide public opportunities to catch sunfish. In recent years, the City annually has purchased and stocked a relatively small number of fish to supplement fish populations, including channel catfish, largemouth bass, black crappie, and yellow perch. Most lakes tend to have WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-7 plenty of bluegill or hybrid sunfish. Besides the decision variables discussed in Section 6.5, the City will consider availability of fish species from vendors, history of previous stocking efforts, other significant events (e.g., winterkill), and current population structure (estimated from surveys) for each lake’s stocking plans. The City may move fish from one Eagan lake to another when permitted and deemed necessary to meet management goals. Winter Aeration: To prevent—or significantly minimize—winterkills (and spring die-offs), the City will monitor Eagan’s Neighborhood Fishing Lakes for dissolved oxygen as soon as the formation of ice that safely supports a person. If or when dissolved oxygen drops to levels of concern, the City will install an electric aeration system. The City’s floating aerators inject bubbles a few feet below the surface as well as cause localized water movement that helps to open a surface area for air/water mixing. This creates a local refuge of higher oxygen. The City will not aerate lakes with sufficient levels of dissolved oxygen or when it considers lake aeration a low priority for certain situations. The City will obtain annual MDNR permits and publish public notices according to those permits before installing aeration systems. Per MDNR permit rules, the City will install and maintain warning signs for thin ice. The City encourages residents to follow MDNR’s ice-safety guidelines and to use extreme caution on lakes with winter aeration systems. Aquatic Habitat: Available and suitable habitat is an important part of sustaining balanced fish populations. Fish need a healthy environment, suitable water temperatures, adequate cover, and sometimes specialized structures underwater (e.g., vegetation, sandy areas, cavities, etc.) to spawn successfully. Fish offspring and small insects and plankton also need cover in which to forage for food or to hide from predators. Important types of cover include: rooted, submersed or floating-leaf vegetation, submersed fallen trees, woody debris, and a variety of depths and substrates. The City encourages residents with lakeshore properties to keep their shorelines as “natural” as possible, and the City will leave alone or minimally maintain areas of park shorelands unless there are public safety hazards. The City may enhance aquatic habitat for fish using natural or artificial techniques or products, as they may be approved by state agencies and recommended by experts. Lake piers tend to attract fish and provide cover from aerial predators. PUBLIC ACCESS AND OPPORTUNITIES 7.4.5 The City has partnered with MDNR to establish public fishing access points or piers at Blackhawk, Carlson, Fish, Heine, Schwanz, and Thomas lakes. The MDNR also partners with Dakota County to maintain fishing piers at Holland and McDonough lakes. The City maintains many trails and shore-fishing areas in parks, which are included in the free Eagan Fishing Guide. Generally, City will offer free youth fishing clinics, classes, and family fishing events to encourage kids and families to be outside and interested in fishing. Starting in 2010, the City has sponsored LakeFest, a semiannual, family weekend event that offers attendees opportunities to fish and to learn about Eagan’s lakes and related topics. The City will continue sponsoring LakeFest. In 2015, the City initiated a public fishing survey, asking who goes fishing, where and why people choose to fish, and what suggestions they may have to improve their experiences. The City will conduct similar surveys in the future to seek valuable input to enhance Eagan’s fisheries management programs. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-8 OTHER PROBLEMS AND ISSUES 7.4.6 Aquatic Invasive Species. The City conducts annual surveys of submersed aquatic vegetation to track location and abundance of invasive species, either formally via contractor using a point-intercept survey or informally through visual inspection during other sampling or management activities. The City may undertake management of invasive species where there is a clear link to improving water quality or clarity, where resources are available, and where there is a reasonable expectation of success. In general, the City’s strategy toward aquatic AIS will be to monitor aquatic AIS and to help prevent the spread of these invasive species. The City will work with the MDNR to educate lake users and lakeshore property owners about tracking and managing invasive species. The City will continue to manage the spread of purple loosestrife through physical (i.e., hand-pulling), herbicidal, and biological (i.e., beetle release) controls, and will maintain records of known infested areas and City control actions. Harmful Algal Blooms (HABs). The City will forward reports of suspicious algal blooms to the MPCA for tracking and potential testing. The City will promote residents to think, “When in doubt, stay out!” to avoid potential health effects from HABs. Information about how to recognize HABs and how to help protect lakes from excess nutrient levels is part of the City’s water quality education program. Emerging Contaminants. The City will keep abreast of emerging contaminants that harm urban water resources by attending professional conferences and workshops and monitoring the scientific literature for lake management. Where there is an opportunity and reasonable justification to collect data on such contaminants, the City will work with state and regional agencies, professional associations, and local governments to participate as time and resources allow. 7.5 OPERATIONS AND MAINTENANCE The City of Eagan will employ all appropriate and reasonable Best Management Practices (BMPs) for operations and maintenance of infrastructure and facilities, consistent with MS4 permit requirements and this plan. Some of the BMPs related to surface waters the City will integrate into routine activities include: Snow and Ice Control. While providing for a reasonable level of public safety is the highest priority, the City will maintain streets according to MPCA’s guidance to evaluate and enhance control practices for snow and ice by optimizing salt applications to limit chloride from entering surface waters, to the maximum extent practicable. The City also will pursue regular opportunities to educate its staff and local businesses about winter salt applications. The City will stay updated on salting technology and equipment for plow trucks, use techniques such as pre-storm applications, and restrict salt use when pavement temperatures are too low for salt to be effective. Street Sweeping. The City will sweep streets at least twice annually and sweep more frequently in areas that contribute more nutrient or sediment pollution to lakes. The City will review street sweeping practices regularly to assure they are consistent with the “state-of-the-art” recommendations, to the maximum extent practicable. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-9 Storm System Inspections and Maintenance. In accordance with its MS4 permit, the City will inspect its storm drainage system regularly for sediment accumulation in ponds and infrastructure maintenance needs. Depending on the inspections, the City will incorporate maintenance or improvement projects into its Capital Improvement Program. 7.6 CAPITAL IMPROVEMENT PROGRAM The City has identified many planned or potential capital improvement projects through TMDL studies, lake management plans, routine inspections, and resident concerns. Generally, these projects focus on the following four areas: Required TMDL Load Reductions. The City intends TMDL-related projects to reduce phosphorus pollution into impaired lakes from stormwater runoff. Typically, these projects are expansions or retrofits of ponds and infrastructure to enhance their abilities to retain phosphorus. TMDL-related projects also include alum applications to bind internal lake phosphorus and iron-sand filtration systems to hold back stormwater phosphorus. Required MS4 Maintenance. The City considers these maintenance projects to be essential to the optimal operation of its MS4. Typically, these projects remove pond sediment that has accumulated near inlet areas, expand stormwater storage volumes, repair or replace storm infrastructure components, and maintain or repair BMPs as needed. Lake Protection Actions. The City believes protecting lakes that are not impaired to be not only ethically the right thing to do, but also fiscally the most responsible and cost-effective approach, based on the perspective that protection efforts sooner are much cheaper than improvement (i.e., correction) efforts later. Therefore, these projects are similar to TMDL-related projects but are not required to be done. The City intends them to protect lake water quality by enhancing the sizes or functions of stormwater ponds or by retrofitting iron-sand filtration systems to maximize phosphorus retention. Protection projects may also include proactive alum applications to lakes or ponds. Opportunistic BMPs. The City may take advantage of another capital improvement project (e.g., street improvement) to expand or modify its stormwater infrastructure to protect and preserve water quality in the City’s lakes and wetlands. Some examples include: • Sumps in street catch basins to collect runoff solids and minimize sedimentation. • Curb-cut, street-side rain gardens to enhance infiltration of street runoff. 7.7 SCHEDULES AND FUNDING Generally, the City regularly reviews, revises, and adapts plans and programs, as resources change, new information becomes available, or new opportunities arise. It annually develops work plans for most of its lakes, wetlands, and stormwater pollution prevention programs, and it biennially approves administrative budgets for these programs. The City also annually approves advancing 5-year Capital Improvement Programs. Thus, as of this Plan, the City has approved a 2018-19 administrative budget and a 2018-2022 Capital Improvement Program. The implementation plan (i.e., administration and capital improvement programs) will be financed primarily through Eagan’s stormwater utility fund. The City instituted a stormwater utility fee in 1990 WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-10 when it adopted City Code §3.07 that established a stormwater drainage utility. The City charges this fee to residential, commercial, and industrial properties based on the estimated amount of the stormwater runoff they generate. Other funding sources may be available to supplement stormwater fees, including state and regional grants, private and commercial cost-share dollars, matching funds from cooperating agencies, etc. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-11 Table 7.2. Eagan Water Quality & Wetland Management Implementation Plan 2018-2027. Program/Project Description Schedule Funding Source ADMINISTRATION AND PROGRAMS Administration Stormwater Utility Fund (SUF) Program work plans Develop work plans to achieve goals for lakes, wetlands, stormwater pollution prevention. Annual Modeling and integrated stormwater management Maintain and update stormwater management models and tools and develop integrated framework to manage stormwater and water quality. As needed SWPPP Develop, implement, and enforce Storm Water Pollution Prevention Program, according to the MS4 permit. Annual Local controls Enforce stormwater management, shoreland, floodplain, and wetland management ordinances; revise and update, according to state, regional, and watershed requirements. Annual; As needed Capital Improvement Program (CIP) Propose advancing 5-year CIPs for required TMDL load reductions and MS4 maintenance; lake protection; and other needs and opportunities. Annual SUF; Grants Education and Outreach Programs Water-related programs Conduct wide-ranging education and outreach, with partners and using various mechanisms, to increase awareness and participation about water quality, lakes, wetlands, and stormwater pollution prevention. Annual SUF Water Quality Cost Share Partnership Program Coordinate projects funded by City grants to promote improvements to water quality and native plant communities around waterbodies. Annual SUF; Cost-shares Volunteer programs Sponsor volunteer opportunities through Citizen Lake Monitoring, Wetland Health Evaluation, catch-basin labeling, Master Water Stewards, and other programs. Annual SUF Lakes Programs Water quality and sediment monitoring Monitor lake water quality and sediment according to program work plans. Annual SUF Lake management plans Develop management plans for remaining seven Eagan lakes, depending on priorities, emerging needs, available resources, etc. As needed Aquatic plant management Survey and control aquatic plants to support healthy lakes and recreational opportunities. As needed SUF; Grants Fisheries management Survey, stock, and aerate lakes to support healthy lakes and recreational opportunities. Annual Public access and opportunities Maintain and enhance lake accesses and support opportunities for recreational fishing. Annual Wetlands Programs WCA Administration Continue as authorized local government unit for administering the Wetland Conservation Act, as it may be amended in the future. Annual SUF CAPITAL IMPROVEMENT PROGRAMS Required TMDL Load Reductions (Lake Improvement Projects) Reduce phosphorus pollution into impaired lakes from stormwater runoff: pond expansions or retrofits, lake alum applications, and iron-sand filtration systems. Annual (5-yr.) SUF; Grants Required MS4 Maintenance Projects Remove pond sediments, expand stormwater storage volumes, repair or replace storm infrastructure components, and maintain or repair BMPs. Annual (5-yr.) SUF; Grants Lake Protection Actions Proactive enhancements of stormwater ponds, retrofits of iron-sand filtration systems, alum applications to lakes or ponds. Annual (5-yr.) SUF; Grants Water Quality Cost Share Partnership Program Projects funded by City grants to homeowners and businesses for water quality improvements, runoff reductions, and native plant communities. Annual (5-yr.) SUF; Grants Opportunistic BMPs Miscellaneous expansions or modifications to stormwater infrastructure to protect and preserve water quality in lakes and wetlands. Annual (5-yr.) SUF; Grants WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 7-12 Table 7.3. Eagan Water Quality & Wetland Management Implementation Plan 2018-2027 Budgets. Program/Project 2018-19 2020-21 (est.) 2022-23 (est.) 2024-25 (est.) 2026-27 (est.) ADMINISTRATION AND PROGRAMS $1.626M $1.700M $1.771M $1.843M $1.917M CAPITAL IMPROVEMENT PROGRAMS 2018 2019 2020 2021 2022 Required TMDL Load Reductions (Lake Improvement Projects) $160,000 $2,210,000 $4,496,000 $265,000 $35,000 Required MS4 Maintenance Projects $415,000 $720,000 $403,000 $81,000 $85,000 Lake Protection Actions $925,000 $95,000 $393,500 $6,000 $137,000 Water Quality Cost Share Partnership Program $62,500 $62,500 $62,500 $62,500 $62,500 Opportunistic BMPs $12,100 $63,300 $14,700 $16,200 $17,800 TOTALS $1,574,600 $3,150,800 $5,369,700 $430,700 $337,300 7.8 AMENDMENT PROCEDURES This Plan extends from 2018 to 2027 but is intended to be a planning tool that will adapt to changing needs and requirements in management practices and financial resources. WMO PLAN AMENDMENTS 7.8.1 Revisions to this Plan required by WMO Plan Amendments will be addressed in accordance with Minn. Stats. §103B.235 and Minn. Rules Ch. 8410.0160 Subp.6. MAJOR PLAN AMENDMENTS 7.8.2 Major Plan Amendments to this Plan, such as adoption of significant revisions to official controls or actions that would change the Goals of the Plan will be reviewed by the City Council and submitted to the appropriate WMO for comment and approval and to the Met Council for comment as set forth in Minn. Stats. §103B.235 and Minn. Rules Ch. 8410.160 Subp. 6. ROUTINE UPDATES 7.8.3 The Implementation Plan will be reviewed and updated as needed as the City’s annual NPDES, operating programs, and CIP and project needs are evaluated and completed. The City may make routine updates including budget and CIP changes, changes in education and outreach programming, revisions in operations and maintenance practices and other programming changes that are consistent with the Goals and policies set forth in this Plan without making formal revisions to this document. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 8-1 References 8.0 Bonestroo. 2010. Fish Lake nutrient impairment TMDL and Schwanz Lake nutrient management plan. Roseville, MN: MPCA Report wq-iw7-27e. City of Eagan. 2010. Fish Lake nutrient TMDL implementation plan. Eagan, MN. City of Eagan. 2007. Water quality & wetland management plan. Eagan, MN: Prepared by Bonestroo. Cowardin L.M., Carter V., Golet F.C., LaRoe E.T. 1979. Classification of wetlands and deepwater habitats of the United States. U.S. Department of Interior, Fish and Wildlife Service. Washington, DC: FWS Report FWS/OBS-79/31. Dakota County. 2009. Dakota County comprehensive plan. Apple Valley, MN. Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. U.S. Army Corps of Engineers Waterways Experiment Station. Vicksburg, MS: Wetlands Research Program Technical Report Y-87-1 (online edition). Hobbie S.E., Finlay J.C., Janke B.D., Nidzgorski D.A., Millet D.B., Baker, L.A. 2017. Contrasting nitrogen and phosphorus budgets in urban watersheds and implications for managing urban water pollution. Proc. Natl. Acad. Sci. 114:4177–4182. James W.F. and Bischoff J. 2015. Relationships between redox-sensitive phosphorus concentrations in sediment and the aluminum: phosphorus binding ratio. Lake Reserv. Manage. 31:339-346. McComas S. 2016. Aquatic invasive species surveys and suitability assessments for selected Dakota County park lakes: status report. St. Paul, MN. McComas S. 2005. Fish survey of Alimagnet Lake, Apple Valley and Burnsville, Minnesota in 2005. St Paul, MN. [MDH] Minnesota Department of Health. 2015. Minnesota climate & health profile report. St. Paul, MN. [MDNR] Minnesota Department of Natural Resources. 2015. St. Paul, MN. [MPCA] Minnesota Pollution Control Agency. 2016. Twin Cities Metropolitan Area chloride management plan. St. Paul, MN: MPCA Report wq-iw11-06ff. [MPCA] Minnesota Pollution Control Agency. 2015. South Metro Mississippi River total suspended solids TMDL study. St. Paul, MN: MPCA Report wq-iw9-12e. [MPCA] Minnesota Pollution Control Agency. 2001. Minnesota River basin plan. St. Paul, MN: MPCA Report wq-b3-01. Moss B., Madgwick J., Phillips G. 1996. A guide to the restoration of nutrient-enriched shallow lakes. Norwich, UK: Broads Authority. WATER QUALITY & WETLAND MANAGEMENT PLAN, EAGAN, MN D R A F T FEBRUARY 2018 8-2 Rossmann, L.A. 2015. Storm water management model: user’s manual ver. 5.1. U.S. Environmental Protection Agency. Washington, DC: EPA-600/R-14/413b. Rydin E. and Welch E. B. 1999. Dosing alum to Wisconsin lake sediments based on in vitro formation of aluminum bound phosphate. Lake Reserv. Manage. 15:324-331. Sanja P., Martin D., Pavlovic S., Ishani R., St. Laurent M., Trypaluk C., Unruh D., Yekta M., Bonnin G. 2013. NOAA Atlas 14 precipitation-frequency atlas of the United States, vol. 8 ver. 2: Midwestern states. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service. Silver Spring, MD. Scheffer M. 2004. Ecology of shallow lakes. Dordrecht, NL: Kluwer Academic Publishers. Walker W.W. 1987. Phosphorus removal by urban runoff detention basins. Lake Reserv. Manage. 3:314- 326. Wenck. 2017. Roadmap for integrated stormwater management in the City of Eagan. Maple Plain, MN. Wenck. 2015. Eagan neighborhood lakes TMDL and management plans report. Maple Plain, MN: MPCA Report wq-iw7-40e. Appendix A 2014 EIGHWMO Joint Powers Agreement Appendix B 2010 Black Dog WMO Joint Powers Agreement Appendix C 1997 Inver Grove Heights-Eagan Joint Powers Agreement Appendix D Lake Classification Scoring System Ranking factors and points (120 points total) of Eagan’s lake classification scoring system follows: USE POTENTIAL 1. Surface Use Potential (35 points maximum) Degree to which lake can reasonably be expected to support surface-use recreation. Points assigned: Boating/canoeing 10 points Fishing 10 points Swimming/wading 15 points 2. Public Access and Facilities (15 points maximum) Existing or planned public access; Likelihood or potential for planned public access. Considerations: park size, location, soils and slope conditions, level of support facilities, and appropriateness to park classification. Points assigned: Facilities exist or planned 5 points High potential 10 points Medium potential 5 points Low/No potential 0 points 3. Classification and Use Levels (15 points maximum) Degree to which residents are or will use park and water-related facilities (i.e., citywide, not just neighborhood use), including level of expected use of facilities when park fully developed. Points assigned: Community park 7 points Special Use park 5 points Neighborhood park 2 points and High use level 8 points Medium use level 5 points Low use level 1 point 4. Natural Scenic Value (7 points maximum) Degree to which lake affords scenic views, including sight lines, of natural land forms, slopes, upland vegetation, etc. versus views of non-natural land uses, residential areas, infrastructure, etc. Points assigned: High natural scenic value 7 points Medium natural scenic value 4 points Low natural scenic value 1 point 5. Special Populations (6 points maximum) Degree to which water-related recreation facilities have physical, dimensional limitations to accommodating physically impaired, visually impaired, elderly, etc. residents. Points assigned: No dimensional limitations 6 points Moderate dimensional limitations 3 points Numerous dimensional limitations 0 points RESTORATION POTENTIAL 1. Impairment Status (25 points maximum) Size and estimated condition of lake relative to criteria MPCA uses to determine whether it is listed as impaired due to excess nutrients. Points assigned: Lake impaired 25 points Lake not impaired, but 20 points a. it is greater than 10 acres in area and b. data suggest listing likely Lake not impaired, but 15 points a. it is greater than 10 acres in area and b. data suggest listing unlikely but close to thresholds Lake not impaired and 5 points a. it is greater than 10 acres in area and b. data suggest listing unlikely Lake will not be listed due to small size or other factors 0 points 2. Wildlife Value (7 points maximum) Degree to which lake affords wildlife observations, nature appreciation, environmental education opportunities, wildlife habitat, etc. Points assigned: High wildlife value 7 points Medium wildlife value 4 points Low wildlife value 1 point 3. Invasive Species and Restorability (10 points maximum) Degree to which invasive species (aquatic vegetation or fish) are established and lake has potential for restoration. Points are assigned as follows: No common carp identified 5 points No invasive aquatic vegetation identified 5 points Fisheries or vegetation data unavailable 5 points Appendix E Wetland Management Classification Flowchart Wetland is a Natural Heritage Site has rare, animal present within .25 miles or wetland plant species within the wetland, or rates "exceptional*" or "high*" for vegetation quality. -------------Yes ------------------------� Protect {Class Wl) No Located in or within 500' of a contiguous green space or Provides connection between priority natural area (PNA) and green space No Included on Map 1 in Stormwater Management Plan or Yes Yes Rates "Medium" for vegetation quality* or "high" for Wildlife Value* Rates "Medium" for vegetation quality* or "high" for Wildlife Value* located in drainage ._ __ _ Rates "Medium" for vegetation quality* or "high" for Wildlife Value* subdistrict for recreational waterbody *Vegetation and Wildlife habitat values are defined according to MnRAM 3.0 guidance. Yes Included on Map 1 in Stormwater Management Plan or located in drainage subdistrict for recreational waterbody Yes Yes No � Priority {Class W2) I ---- Priority A {Class W3) Manage (Class W4) Manage A {Class WS) GENERAL USE {Class W6) Agenda Information Memo April 2, 2019 Eagan City Council Meeting PUBLIC HEARING A. Approve an Amendment to a Business Subsidy Pursuant to Minnesota Statutes Sections 116J.993 to 116J.995 for J & J Solutions, Inc. d/b/a Corvida Medical, Inc. Action To Be Considered: To APPROVE a resolution authorizing an amendment to a business subsidy pursuant to Minnesota Statutes Sections 116J.993 to 116J.995, a Grant Contract Amendment, and a Minnesota Investment Fund Loan Amendment for J & J Solutions, Inc. d/b/a Corvida Medical, Inc., and authorize the Mayor and City Administrator to execute the same. Facts: J & J Solutions (dba Corvida Medical) is a medical device company currently located in Coralville, Iowa that has received FDA approval to manufacture an effective closed drug delivery system designed to protect health care workers and patients from direct exposure to hazardous pharmaceuticals typically administered during chemotherapy treatment. On August 1, 2016, the City Council approved a loan agreement that provided up to $400,000.00 in business assistance to Corvida Medical as a repayable loan with a term of 72 months and bearing interest of zero percent. The funds are to be used exclusively for the purchase of equipment, automation tooling, molds, manufacturing cells and fixtures. The conditions of the agreement require Corvida Medical to create 17 new, permanent jobs in the City of Eagan and provide a minimum of $5.5 million of equity to complete the project. Corvida Medical has asked for an extension of one year to meet job and equity requirements. The total loan amount has been decreased to $350,000.00 to be consistent with funds disbursed. The DEED grant amendment and loan amendment are attached and available for public review. The consideration of the grant and loan amendments requires a public hearing and City Council action. Attachments: (5) PHA-1 Resolution Authorizing Business Subsidy Amendment PHA-2 Amendment #1 for Grant Agreement with the Minnesota Department of Employment and Economic Development (DEED) PHA-3 First Amendment to MIF Loan Agreement PHA-4 Public Hearing Notice PHA-5 Extension Request Letter RESOLUTION AUTHORIZING AN AMENDMENT TO THE GRANT CONTRACT AND LOAN AGREEMENT WHEREAS the City of Eagan, Dakota County, Minnesota (“City) is the legal sponsor of a Minnesota Investment Fund Program for J&J Solutions, Inc. d/b/a Corvida Medical (“Corvida”) project. WHEREAS the City has the legal authority to amend that certain grant contract number CDAP-16-0007-H-FY16, dated April 11, 2016, (the “Grant Contract”), by and between the City and the State of Minnesota, acting through the Department of Employment and Economic Development, and that certain loan agreement, dated August 16, 2016, by and between the City and Corvida (“Loan Agreement”). WHEREAS Corvida desires to amend the Grant Contract and the Loan Agreement to extend the term of the Grant Contract and Loan Agreement. WHEREAS the City held a public hearing in compliance with the Minnesota Business Subsidy Act, set forth in Minnesota Statutes, Sections 116J.993 to 116J.995, to accept comments regarding Corvida’s desire to amend the Grant Contract and the Loan Agreement to extend the term of the Grant Contract and the Loan Agreement. BE IT RESOLVED the City Council has reviewed the amendment to the Grant Contract and the amendment to the Loan Agreement (collectively, the “Amendments”). BE IT FURTHER RESOLVED the City Council approves the Amendments and directs the City’s Mayor and City Clerk to execute the Amendments. Motion by: Seconded by: Those in favor: Those against: Date: CITY OF EAGAN CITY COUNCIL By: _________________________________ Mike Maguire Its: Mayor Attest: _________________________________ Christina M. Scipioni Its: City Clerk 2 CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this ____ day of __________, 2019. ___________________________________ Christina M. Scipioni, Clerk Amendment # _1_ for Grant Agreement# CDAP-16-0007-H-FY16 Contract Start Date: Original Contract Expiration Date: Current Contract Expiration Date: Requested Contract Expiration Date: April 11, 2016 Sept. 30, 2019 Sept. 30, 2019 Sept. 30, 2020 Total Contract Amount: $360,000.00 Original Contract: $360,000.00 Previous Amendment(s) Total: $ ------- This Amendment: $ This amendment is by and between the State of Minnesota, through its Commissioner of the Department of Employment and Economic Development, 332 Minnesota Street, 1 Nat'l Bank Bldg. - Suite E200, St. Paul, MN, 55101 ("State") and City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 ("Grantee"). Recitals 1. The State has a Grant Contract with the Grantee identified as CDAP-16-0007-H-FY16 with an Effective Date of April 11, 2016 ("Original Grant Contract") to provide an award to the City of Eagan to make a Minnesota Investment loan to J&J Solutions, Inc. d/b/a Corvida Medical (the "Borrower"). The purpose of the loan is to created jobs that pay a living wage. 2. The Borrower failed to create the number of jobs prior to the Compliance Date and requests a one-time one-year extension. 3. The State and the Grantee are willing to amend the Original Grant Contract as stated below. Grant Contract Amendment REVISION 1. Clause 1. "Term of Grant Contract" is amended as follows: 1.3 Compliance Date: 2 3 years from Benefit Date but no later than June 30,-2019 2020. REVISION 2. Clause 1. "Term of Grant Contract" is amended as follows: 1.4 Expiration Date: 3 months after Compliance Date but no later than September 30, ~ 2020. Rev. 6/11 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§16A.15 and 16C.05. 3. STATE AGENCY Individual certifies the applicable provisions of Minn. Stat. $16€.08, subdivisions 2 and 3 are reaffirmed. By: 2/20/19 (with delegated authority) Date: Title: Grant Contract No. A- 44167 SC 108673 PO 3000249417 Date: 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. By: Title: Date: By: Title: Date: Distribution: Agency Contractor State's Authorized Representative - Photo Copy FIRST AMENDMENT TO AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND THIS FIRST AMENDMENT TO AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND ("First Amendment") is made and entered into this day of , 2019, between the City of Eagan, a Minnesota municipal corporation (the "City"), and J & J Solutions, Inc., an Iowa corporation, d/b/a Corvida Medical(the "Borrower"). The City and Borrower are collectively hereinafter referred to as the "Parties." RECITALS WHEREAS, on August 16, 2016 the City and the Borrower entered into that certain Agreement for Loan of Minnesota Investment Fund (the "Original Agreement"); WHEREAS, the City and the Borrower desire to amend the Original Agreement as set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the Parties each of them does hereby covenant and agree with the other as follows: 1. Article 1, Section 1.1 is hereby amended and restated as follows: "Compliance Date" means the date that is three (3) years after the Benefit Date but no later than June 30, 2020. 2. The amount of $400,000.00 wherever specified in Recital, Article 2, Section 2.3, Article 3, Section 3. 1, Article 5, Section 5. 1, and Article 7, Section 7.1(a)(1) is hereby amended as follows: $350,000.00. 3. Article 5, Section 5.5 is hereby amended and restated as follows: Loan Repayments Schedule. Payments of principal shall commence on the first day of the first month immediately following the Initial Disbursement Date, and shall continue on the first day of each and every month thereafter until paid in full. Such payments shall fully amortize the Loan over seventy-two (72) months; provided, however, the entire remaining unpaid balance of principal shall be due and payable in full on the first day of the seventy-second (72) month following the Initial Disbursement Date. The City has disbursed $350,000 to the Borrower, of the amount, $315,000 was funded by the State and $35,000 was funded by the City. As of December 31, 2018, the current balance of the Loan due and owing is $257,639.90. 4. Except as modified herein, all provisions of the Original Agreement shall remain in full force and effect and unchanged. If any provision of this First Amendment conflicts with the Original Agreement, the provisions of this First Amendment shall control. This First Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts shall constitute but one First Amendment. IN WITNESS WHEREOF, the City and the Borrower have caused this First Amendment to Agreement for Loan of Minnesota Investment Fund to be duly executed in their name and on their behalf on or as of the date first above written. [SIGNATURE PAGES TO FOLLOW.] 2 Signature Page of the City FIRST AMENDMENT TO AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND City of Eagan: By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk Signature Page of the Borrower FIRST AMENDMENT TO AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND J & J Solutions, Inc., an Iowa corporation d/b/a Corvida Medical By:�' Its: CA; Fna�c:c O ri' 0 NOTICE OF PUBLIC HEARING FOR AN AMENDMENT TO BUSINESS SUBSIDY IN THE CITY OF EAGAN NOTICE IS HEREBY GIVEN that on April 2, 2019 at 6:30 p.m. at Eagan City Hall located at 3830 Pilot Knob Road, Eagan, Minnesota, the Eagan City Council will hold a public hearing to consider an amendment to a business subsidy pursuant to Minnesota Statutes Sections 116J.993 to 116J.995 made by the City of Eagan to J & J Solutions, Inc. d/b/a Corvida Medical, Inc. The Minnesota Department of Employment and Economic Development for a Minnesota Investment Fund Grant awarded $315,000.00 under that certain Grant Contract, identified as CDAP-16-0007-H-FY16 and dated April 11, 2016, (the “Grant Contract”) and the Eagan City Council provided an additional $35,000.00 under that certain Loan Agreement, dated August 16, 2016, (the “Loan Agreement”) for a sum of $350,000.00 to J & J Solutions, Inc. d/b/a Corvida Medical, Inc. to assist with financial expansion. Under the Grant Contract and Loan Agreement, J & J Solutions, Inc. d/b/a Corvida Medical, Inc. was to, among other things, create of number of jobs prior to the Compliance Date, as that term is defined in the Grant Contract and Loan Agreement. J & J Solutions, Inc. d/b/a Corvida Medical, Inc. now requests the Minnesota Department of Employment and Economic Development and the City of Eagan grant to J & J Solutions, Inc. d/b/a Corvida Medical, Inc. a one-time, one-year extension to comply with the requirements of the Grant Contract and Loan Agreement. NOTICE IS FURTHER GIVEN that all interested parties will be given an opportunity to be heard at the time and place of the public hearing. NOTICE IS FURTHER GIVEN that if you are a resident or owner of taxable property in the City of Eagan, you may file a written complaint with the City of Eagan if the City of Eagan fails to comply with Minnesota Statutes Sections 116J.993 to 116J.995, and that no action may be filed against the City of Eagan for the failure to comply with the statutes unless a written complaint is filed. RVIDA MEDICAC A Smarter Solution. TO: City of Eagan FROM: Paul Smith Chief Financial Officer J & J Solutions, Inc. d/b/a Corvida Medical DATE: March 13, 2019 RE: Loan Agreement Minnesota Investment Fund Corvida Medical would like to provide this brief update as part of our request to extend the Compliance Date for hiring additional employees in our Eagan office. Corvida Medical has designed and sells a Closed System Transfer Device that protects caregivers in the administration of chemotherapy to cancer patients. Our product is highly regulated by the FDA and we work with contract manufacturers to make the actual product. It has taken us longer to bring the product to market than we had originally planned when we borrowed money from the City of Eagan. I am happy to report that we did launch our product towards the end of 2018 and have a handful of new customers using our product. This week we hired an engineer in Eagan and we have a new logistics employee starting next week in Eagan as well. We believe our current momentum will allow us to continue to hire employees in Eagan with the goal of hiring the 17 new full-time employees as defined in the Loan Agreement but by June 30, 2020 instead of by this June. Thank you for your consideration in granting us a one year extension to the hiring deadline. 2915 Commers Drive, Suite 2300 1 Eagan, Minnesota 5512-11 CorvidaMedical.com Agenda Information Memo April 2, 2019, Eagan City Council Meeting NEW BUSINESS A. Interim Use Permit – Country Inn & Suites Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit for three years to allow 200 hotel/airport parking stalls on Lot 1, Block 1, Oakview Center 2nd Addition subject to the conditions in the staff report. Required Vote For Approval: Majority of Councilmembers present Facts: The applicant is proposing a parking lot expansion to accommodate their park-sleep-fly service. The site consists of two platted parcels, one developed with a 4-story hotel and the other, a vacant lot, previously approved for a 4-story, 130 room hotel. Both properties are under the same ownership. The vacant property is the last remaining undeveloped lot in the Oakview Center Planned Development. A Final Plat application has been submitted to combine the two properties into one. The existing hotel contains 78 rooms, a 30 person conference room and provides 88 parking spaces, meeting the City Code requirements for hotel parking. The IUP request is to construct 200 parking stalls. In November 2018, the City Council denied a 5-year IUP to allow off-site parking at 2900 Lone Oak Parkway to accommodate park-sleep-fly vehicles associated with the hotel operation on Holiday Lane. On July 31, 2017, the Eagan City Council approved a Planned Development Amendment for a Country Inn and Suites hotel expansion to the east that consisted of 55 new rooms, an 87-person capacity conference area, a restaurant and 200 parking stalls. Construction of 65 parking stalls was contingent on the restaurant being built. The City received a formal withdrawal letter from the hotel owner in August 2018, indicating they were not proceeding with the approved addition as they decided to look at different opportunities for the property. City staff has concerns regarding a precedent being set by essentially allowing over two- acres of outdoor storage in the middle of a retail/service area. Ten other Eagan hotels offer park-sleep-fly airport parking opportunities and each manages the parking on the hotel site. In order to remain competitive, those hotels may choose to secure similar parking for their park-sleep-fly operations. The Advisory Planning Commission held a public hearing on the proposal at their March 26, 2019 meeting, and recommended denial. Issues: The Advisory Planning Commission expressed concerns about the interim use that included: The precedent it might set for other hoteliers and/or other businesses A parking lot is not the highest and best use for the property already approved for a hotel The business model appears to have driven parking demand With the withdrawal of the approved expansion in 2017, this request appears to simply expand parking 60-Day Agency Action Deadline: April 29, 2018 Attachments: (5) NBA-1 Location Map NBA-2 Draft March 26, 2019 APC Meeting Minutes NBA-3 Planning Report NBA-4 Report Exhibits NBA-5 Findings of Fact 12-18-18 AMES CROSSING RD77THLUNAR LANEROLLINGCIRCLEC.S.A.H. NO. 26 (LONE OAK RD.)M IK E C O LLIN S D R GRAND OAK CIR W9 LOUIS LANEROLL LN.HILLSIDEDRSALLYALDRINDRIVESTATETRUNKHWY.NO.55RCHAPEL LANEVIKINGSPARKWAYROLLINGHILLSDRLONEO AKPAR KW A YRITA CTCOURTHOUSE LNREDOAKDRRDBORCHERTLNRANDOMRDLONE OAK DRIVENK HWY. NO. 55JOYCE CTWREN LNC O M M ER S D R HOLIDAY LNAPOLLO ROADWATERSRDHILLSIDE CTS T ATE TRUN K H W Y. N O . 149HOLIDAY LNOAKDRGRAND OAK CIR EWA Y MIKECOLLINSDRLONEOAKPARKWAYSTATE TRUN K H W Y. N O. 1 49 REDOAKCCHAPELLANEOROADBur Oaks ParkThresherFieldsParkFUTUREPARK ParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Country Inn & SuitesRequest: Interim Use PermitCase No.: 12-IN-01-02-19Subject Site Advisory Planning Commission March 26, 2019 Page 2 of 11 IV. PUBLIC HEARING New Business A. Country Inn & Suites Applicant Name: Brett Rose, Country Inn & Suites Location: 3035 Holiday Lane; Lot 1, Block 1, Oakview Center Second Addition & Lot 3, Block 1, Oakview Center Application: Interim Use Permit An Interim Use Permit for 3 years to allow 200 parking spaces for a park and fly. File Number: 12-IN-01-02-19 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 21, 2019. Vice Chair Sagstetter asked how many parking stalls were approved with the 2017 Planned Development Amendment and if other Eagan hotels are over-parked. Planner Thomas stated 200 parking stalls were proposed and that recollection of fairly recent past staff analysis revealed a small number of hotels were over-parked and that overage was nominal, 5-10 stalls. Brett Rose, representing the applicant, clarified that 200 parking stalls were approved but 65 of those could not be constructed until the proposed restaurant was built. Member Weimert asked why the request is only for the parking at this time. Mr. Rose stated the hotel is in the middle of a three-year contract that bars them from any hotel construction activities in July and August through 2020. He went on to say that they are working on a Planned Development Amendment request they plan to bring back in 18 months or so. Member Weimert asked how this park and ride operation differs from EZ Air or other park and fly operations. Mr. Rose stated their customers spend a night or nights at the hotel and patronize local businesses at the front and/or back end of their trip. Member Jensen asked if the expansion plans still include a restaurant. Mr. Rose stated it does include a two-story restaurant with roof-top seating. Advisory Planning Commission March 26, 2019 Page 3 of 11 Vice Chair Sagstetter asked if the unsuitable soil on the site affects their plans. Mr. Rose summarized the depths of bad fill on the site but said the location of that fill will not impact the parking or hotel expansion areas. Vice Chair Sagstetter opened the public hearing. There being no public comment, Vice Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Member Weimert stated he was not persuaded that the issues of precedence, highest & best use and business model driven parking demand, with the previous IUP have been overcome here. Member Jensen noted the 2017 Planned Development Amendment approval and stated this request appears to be an end-around. Member Whisnant echoed the concerns of Weimert and Jensen. Vice Chair Sagstetter stated he was concerned with the 2018 withdrawal and that this is simply a move to expand parking. He went on to say he believed the applicant has attempted to address some of the concerns, but he doesn’t think we’re there yet. Member Whisnant stated the over-parking is a concern. Member Jensen stated he certainly values the Country Inn & Suites and his vote is not a reflection on the business. Member Weimert moved, Member Jensen seconded a motion to recommend approval of an Interim Use Permit to allow 200 hotel/airport parking stalls for three years upon approximately 3 acres on property legally described as Lot 1, Block 1, Oakview Center 2nd Addition, subject to the following conditions: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on the earliest of the following: April 2, 2022 or; the date a Certificate of Occupancy is issued for an expansion associated with the hotel located at 3035 Holiday Lane. A Planned Development Amendment shall be necessary for the expansion. 3. Parking shall be limited to designated spaces within the 200-space parking lot located east of the main parking area and building associated with the hotel at 3035 Holiday Lane. No parking is allowed within the perimeter parking areas of the existing building site or in any public right-of-way, on private streets or drive aisles. Advisory Planning Commission March 26, 2019 Page 4 of 11 4. Parking shall be limited to licensed and operable standard size passenger vehicles only. 5. Parking shall be limited to the park-sleep-fly operation of the hotel located at 3035 Holiday Lane. Park and airport shuttle service without hotel stay shall be prohibited. 6. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 7. A revised Landscape Plan shall be submitted to provide screening of the parking lot from adjacent streets. 8. Automatic irrigation shall be provided for all landscaped areas. A standard financial guarantee for installation and health of the landscape materials shall be provided in accordance with the City’s landscape ordinance, before the IUP is recorded. 9. Landscaping shall be installed no later than October 15, 2019. 10. This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control of the site’s proposed impervious surface area (or equivalent water quality treatment through filtration) and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 11. The applicant shall provide adequately sized pre-treatment (e.g. 4’ minimum sump depth, 5’ minimum sump diameter, with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. sub-surface infiltration chamber galleries) inlets to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 12. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City a minimum of three soil boring logs within the footprint of the proposed 8,708 cubic feet infiltration area, extending a minimum of 10’ below the bottom of the proposed infiltration feature 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 mitigated impervious drainage area, to the satisfaction of the City Engineer. Advisory Planning Commission March 26, 2019 Page 5 of 11 13. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with City Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan narrative and prominently included in all applicable plan sheets (e.g. Grading Plan, Erosion & Sediment Control Plan, Landscape Plan, etc.) and shall require City inspection prior to irrigation & landscape installation and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 14. The applicant shall clarify underground stormwater infiltration system details, including that a) no geosynthetic fabric will be installed below the infiltration pipe gallery, b) sub- soils shall have appropriate composition and minimal compaction to ensure 0.9” minimum percolation capability in saturated conditions; c) no limestone material is allowed beneath, between or immediately on top of the chamber system, and d) access risers are provided on all pipe rows and over/near baffle walls. 15. During sub-surface infiltration pipe gallery system over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub-soils are suitable for a saturated condition infiltration rate of 0.9- inch per hour (based on 0.45-inch per hour design rate with safety factor) or greater (but less than 8.3-inch per hour). If the sub-soil infiltration rates are less than 0.9-inch per hour (or greater than 8.3-inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) design and construction as necessary (e.g. over-excavation/clean, washed sand backfill depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 24-hours after infiltration testing, and prior to any backfilling. The applicant shall ensure that the City Water Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications and also provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets. 16. Prior to proceeding with any 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 Advisory Planning Commission March 26, 2019 Page 6 of 11 operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 17. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans and stormwater infrastructure elevations and locations in digital format, that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), pipe galleries, etc.), including soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City, and video of final inspection of clean underground pipe gallery system and contributing storm sewer shall be provided to the City Engineer. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 18. The Applicant shall restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer, for any parking lot or utility connections that extend into public right-of-way. 19. The applicant shall obtain a Grading Permit prior to beginning any construction activities. 20. The Applicant shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a Grading Permit. All voted against. The motion failed 0-4. Member Weimert moved, Member Whisnant seconded a motion to recommend denial of an Interim Use Permit to allow 200 hotel/airport parking stalls for three years upon approximately 3 acres on property legally described as Lot 1, Block 1, Oakview Center 2nd Addition. Member Weimert stated his vote was based on his belief that several of the City Council objections on the previous IUP are pertinent here and have not been addressed by this request. All voted in favor. Motion carried 4-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2019 CASE: 12-IN-01-02-19 APPLICANT: Country Inn and Suites HEARING DATE: March 26, 2019 PROPERTY OWNER: Jai Shriram Inc. APPLICATION DATE: February 28, 2019 REQUEST: Interim Use Permit PREPARED BY: Sarah Thomas LOCATION: 3035 Holiday Lane COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit (IUP) to allow 200 hotel/airport parking stalls upon approximately 3 acres of property legally described as Lot 1, Block 1, Oakview Center 2nd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 2 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 6. The city determines that the property is in compliance with City Code. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 3 such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject property is part of the Oakview Center Planned Development (PD) that was approved in June 1998. The Oakview Center development originally consisted of 8 lots. This is the final lot to be developed within the PD. The vacant parcel was originally two lots and the 1998 PD allowed for two Class I Restaurants. A PD Amendment was approved in 2006 to combine the two parcels and change the use of the property to one hotel. The property is now under the same ownership as the parcel to the west (3035 Holiday Lane) which is developed as Country Inn and Suites, an existing four-story hotel, which received approval in 2000. The owner has made application for a Final Plat to combine the two properties into one five-acre parcel. On July 31, 2017, the Eagan City Council approved a Planned Development Amendment for a hotel expansion on the adjacent 3 acres (the subject property). The proposed expansion consisted of 55 new rooms, an 87-person capacity conference area and a restaurant. The proposal provided significantly more parking than the City Code required. The applicant indicated that the additional amount of parking was needed due to their expected parking demand for the existing and new conference space and the sleep & fly component of their business. The City Council approved the PD Amendment minus 65 of the parking stalls that were contingent on the restaurant being built. Ultimately, the Final Planned Development Agreement was never executed and on August 16, 2018, the owner of the Country Inn and Suites formally withdrew the request to “look at different opportunities for the property”. In November 2018, Country Inn and Suites requested a 5 -year IUP to allow off-site parking at 2900 Lone Oak Parkway to accommodate a park-sleep-fly operation for their hotel operation on Holiday Lane. The Country Inn and Suites was operating an illegal off-site park and fly operation at the off-site location since 2016 until code enforcement action was taken in June of 2018. The City Council denied the request. The Findings of Fact for denial included but were not limited to the following: 1. The Applicant’s parking constraints are caused by its business model. 2. The granting of an IUP is inconsistent with the expansion of the Applicant’s existing site for hotel and restaurant uses. 3. Using the Property for off-site parking and storage is not the best and highest use of the Property. Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 4 4. The Property has viable uses for development under the existing Planned Development zoning. 5. The granting of an IUP would not be consistent with the objectives of the Comprehensive Plan & City Code. EXISTING CONDITIONS The vacant parcel has been previously graded in anticipation of future development. There is no significant vegetation on the site. All City utilities are available to serve the site. The 3-acre site is fronted by three public streets; Lone Oak Road to the north, Holiday Lane to the east, and Courthouse Lane to the south. The hotel site has been previously landscaped, and the vacant site is generally clear. The majority of the site will be disturbed in preparation for the proposed parking lot. Site grading, the installation of water and sewer service stubs, and the construction of stormwater ponds to serve the development were constructed with previous development. The site generally slopes to the north with elevations ranging from 651 to 862. EVALUATION OF REQUEST Proposal – The applicant is requesting an Interim Use Permit with a 3-year term to allow parking associated with a park-sleep-fly service offered by the Country Inn and Suites hotel at 3035 Holiday Lane. The parking lot is proposed to be constructed similar to the 2017 plan minus the building expansion. The applicant states the parking lot will not have additional signage and that they have not experienced security issues with past use, therefore, no gate or cameras are proposed. According to the applicant, their business model requires a guest to spend at least one night at the hotel either at the front or back end of their trip. According to the narrative, “All that will be parked will be guests’ vehicles that leave while on their vacation as well as overflow parking for current guests.” The existing hotel contains 78 rooms and provides 88 parking spaces, meeting the City Code requirements for hotel parking. According to the applicant, the proposed parking lot expansion is, “to accommodate the increase usage of the site for hotel guests, meeting attendees, restaurant patrons and guests flying out of town who need a secure place to store their vehicle. This parking is essential to accommodating the diversified uses of the development.” The applicant states the hotel operated the off-site parking activity at 2900 Lone Oak Parkway from 2016 through approximately July 2018 which allowed them to accommodate over 15,000 guests and, in 2017 alone, allowed them to accommodate at least 5,256 additional room nights Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 5 due to the park and fly operation. The applicant also provided information from the Eagan Convention and Visitors Bureau (ECVB) that this has had a positive impact on the local economy, generating an estimated $925,000 in additional spending in the city. The ECVB states there are 10 other Eagan hotels that also offer a sleep and fly package. It appears the other 10 sleep and fly hotels manage the operation on site as the City is not aware of any other hotels utilizing off- site parking or seeking additional acreage for parking lot expansions. Term The applicant is requesting a 3-year term for the IUP. According to the Applicant’s narrative, “Our goal of the development is twofold: to add 200 additional parking spaces to serve us in the interim for the next 3 years as we finish designing phase 2. The second phase will be to add hotel rooms and amenities to upgrade overnight accommodations and to provide a new conference space.” The narrative provides benefits of constructing the parking area now versus with the hotel addition. As mentioned earlier, the City Council approved a PD Amendment in 2017 for a hotel expansion; however, the proposal provided significantly more parking than the City Code required (120% above City Code), thus, the approval specifically reduced the parking stalls by 65 spaces that were contingent on the restaurant being built. City staff notes that the current IUP request is virtually identical to the approved PD Amendment that was withdrawn last year. Parking Analysis The IUP request is to construct 200 parking stalls. The request mirrors the 2017 PD Amendment submittal where the applicant’s narrative stated “An expansion of the parking lot is proposed to accommodate the increased usage of the site for hotel guest, meeting attendees, restaurant patrons and guests flying out of town who need a secure place to store their vehicle.” as to over- park the site by more than 100 stalls. Consistent with the dimensional standards for the existing hotel, parking stalls are proposed to be 9’ x 18’ with 24’ drive aisles. Bulk Standards – Setbacks – Minimum Parking setbacks are proposed to be 20 feet from all public streets, which is consistent with ordinance requirements. The proposed setback from the private street is 19.6” which is also acceptable. Green Space – The proposed development maintains 30% green space on the property. This is consistent with typical City Code requirements which are 30% in commercial zoning districts. Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 6 Landscaping – The proposed Landscape Plan provides a variety of plant materials in the parking lot islands, including shade trees and shrubs (low-grow sumac). However, the proposed Landscape Plan does not provide screening of the parking lot on the site perimeter along Lone Oak Road, Holiday Lane and Courthouse Lane. The Landscape Plan should be revised to provide a series of planting beds and a mix of over/under-story plantings in areas around the perimeter where berming is less than 3’ tall. Lastly, automatic irrigation should be provided for all landscaped areas. A standard $7,500 financial guarantee for installation and health of the landscape material should be provided in accordance with the City’s Landscape Ordinance, before the IUP is recorded. Storm Drainage – The entire site lies within Drainage District G (as designated in the City Storm Water Management Plan – 2007). Storm water will flow through a privately owned and maintained system on-site to an underground stormwater infiltration chamber in the southeast corner of the site, and then flow through public storm sewer under Courthouse Lane to City Pond GP-11to the east. The storm water ultimately travels to Burr Oaks Pond. Wetlands - Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Stormwater Management/Water Quality – The applicant proposes to add new impervious surfaces totaling approximately 2.15 acres to a 2.95-acre parcel (Lot 1 Block 1 of Oakview Center 2nd Addition). This development will need to comply with the City’s Post Constructio n Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control. To meet the 1.1” Volume Control requirement for this development proposal, 8,598 cubic feet of retention will need to be provided, if an acceptable Soil Management Strategy is provided for the project’s disturbed/compacted areas that are to be revegetated. Rate control will be provided by a public stormwater pond system (GP-11 & GP-11.1) that were originally constructed for rate control for the overall development of Oakview Center. The applicant proposes to meet City water quality/stormwater requirements through the use of an on-site underground 48-inch diameter stormwater pipe gallery system for volume control of stormwater runoff. The applicant proposes to provide 8,708 cubic feet of volume control, with the underground stormwater pipe gallery, to capture and infiltrate the site’s impervious surface runoff. The applicant proposes to include two header row areas and (2) sump structures with floatables skimmer hoods for pre-treatment. Overflow would be connected to the public stormsewer system that flows to a regional stormwater pond system (GP-11 & GP-11.1) that is southeast of the site. Eagan Water Resources has reviewed the applicant’s plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 7 §4.34 Post-Construction Stormwater Management Requirements are acceptab le with conditions to ensure appropriate construction, protection, stormwater pre-treatment and assurances for long-term function of the stormwater management system, and proper implementation of the proposed Soil Management Strategies for the disturbed so il areas that are proposed to be revegetated. Utilities – Lateral water and sanitary sewer lines were installed with the initial development of the property. The existing building is connected to water and sewer services. The applicant indicated the future building will be an expansion of the existing building. No new water or sewer services are shown on the plans, so it’s likely the expansion is intended to be served utilizing the existing plumbing from the hotel. Streets/Access /Pedestrian Circulation – This property is adjacent to four public roads (Lone Oak Road, Holiday Lane, Courthouse Lane, and TH 55), but only has access to the private street portion of Courthouse Lane. A new parking lot entrance is proposed on the public street porti on of Courthouse Lane, directly across from Holiday Lane. The applicant should restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer, for any parking lot or utility connections that extend into public right-of-way. No new pedestrian facilities are shown on the plans. Pedestrian connectivity will be reviewed along with a future Building Permit. Easements/Permits/Right-of-Way – Public drainage & utility easements currently exist on both existing lots. The applicant proposes to replat the property into one lot, at which time the existing easements will be vacated and re-dedicated with the new plat. Because the property is adjacent to Lone Oak Road and TH 55, both Mn/DOT and Dakota County will need to review the plat prior to final approvals. It is anticipated additional right -of-way will be necessary along Lone Oak Road, and potentially TH 55. The applicant will need to adj ust the property lines and easements as necessary to meet both agencies requirements. Any property line adjustments may require alterations of the parking lot layout to meet parking lot setbacks. The applicant should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a Building Permit. Financial Obligation – At this time, there are no pending assessments on this parcel and trunk and lateral utility charges were paid with previous d evelopment. SUMMARY/CONCLUSION The applicant is requesting an Interim Use Permit with a maximum 3-year term to allow hotel/airport parking at the vacant parcel adjacent to Country Inn and Suites to accommodate a park-sleep-fly operation for their business. The applicant has applied for a Final Plat to combine the two properties into one. Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 8 The IUP would allow the applicant to reestablish the park-sleep-fly parking that operated without zoning approval from 2016 to 2018 at 2900 Lone Oak Parkway. In November 2018, the applicant requested an IUP for the 2900 Lone Oak Parkway property and the application was denied. According to the applicant, the additional parking is needed as demand impacts their guest parking and the three-year term request would allow for a future phased construction project that has yet to be defined. The request causes concern relative to the amount of parking proposed, particularly in light of the approved hotel expansion plan that was abandoned less than a year ago. While the request is an interim use, it effectively provides three acres of outdoor vehicle storage in the middle of a retail/service area. The City encourages tax-base supportive development on under-utilized parcels. A hotel was approved for the subject property in 2006 and, more recently, an expansion of the existing hotel was approved in 2017 but the owner did not pursue the improvement and ultimately withdrew the request. Further, ten other Eagan hotels offer park-sleep-fly airport parking opportunities, and each manages the parking on the hotel site. To remain competitive, those other hotels may look to additional parking for their park-sleep-fly operations. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow 200 hotel/airport parking stalls for three years upon approximately 3 acres on property legally described as Lot 1, Block 1, Oakview Center 2nd Addition. If approved, the following conditions shall apply: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on the earliest of the following: April 2, 2022 or; the date a Certificate of Occupancy is issued for an expansion associated with the hotel located at 3035 Holiday Lane. A Planned Development Amendment shall be necessary for the expansion. 3. Parking shall be limited to designated spaces within the 200-space parking lot located east of the main parking area and building associated with the hotel at 3035 Holiday Lane. No parking is allowed within the perimeter parking areas of the existing building site or in any public right-of-way, on private streets or drive aisles. 4. Parking shall be limited to licensed and operable standard size passenger vehicles only. Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 9 5. Parking shall be limited to the park-sleep-fly operation of the hotel located at 3035 Holiday Lane. Park and airport shuttle service without hotel stay shall be prohibited. 6. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 7. A revised Landscape Plan shall be submitted to provide screening of the parking lot from adjacent streets. 8. Automatic irrigation shall be provided for all landscaped areas. A standard financial guarantee for installation and health of the landscape materials shall be provided in accordance with the City’s landscape ordinance, before the IUP is recorded. 9. Landscaping shall be installed no later than October 15, 2019. 10. This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control of the site’s proposed impervious surface area (or equivalent water quality treatment through filtration) and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 11. The applicant shall provide adequately sized pre-treatment (e.g. 4’ minimum sump depth, 5’ minimum sump diameter, with scour protection and skimmer hood, etc.) at, or immediately upstream of, all stormwater management facilities (e.g. sub-surface infiltration chamber galleries) inlets to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Details shall be included in applicable plan sheet(s). 12. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City a minimum of three soil boring logs within the footprint of the proposed 8,708 cubic feet infiltration area, extending a minimum of 10’ below the botto m of the proposed infiltration feature 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 mitigated impervious drainage area, to the satisfaction of the City Engineer. Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 10 13. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with City Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan narrative and prominently included in all applicable plan sheets (e.g. Grading Plan, Erosion & Sediment Control Plan, Landscape Plan, etc.) and shall require City inspection prior to irrigation & landscape installation and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. 14. The applicant shall clarify underground stormwater infiltration system details, including that a) no geosynthetic fabric will be installed below the infiltration pipe gallery, b) sub - soils shall have appropriate composition and minimal compaction to ensure 0.9” minimum percolation capability in saturated conditions; c) no limestone material is allowed beneath, between or immediately on top of the chamber system, and d) access risers are provided on all pipe rows and over/near baffle walls. 15. During sub-surface infiltration pipe gallery system over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub-soils are suitable for a saturated condition infiltration rate of 0.9- inch per hour (based on 0.45-inch per hour design rate with safety factor) or greater (but less than 8.3-inch per hour). If the sub-soil infiltration rates are less than 0.9-inch per hour (or greater than 8.3-inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) design and construction as necessary (e.g. over-excavation/clean, washed sand backfill depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 24-hours after infiltration testing, and prior to any backfilling. The applicant shall ensure that the City Water Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications and also provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. City Water Resources staff contact/instructions shall be clearly/prominently listed on appropriate plan sheets. 16. Prior to proceeding with any land disturbin g activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, Planning Report – Country Inn & Suites IUP_2019 March 26, 2019 Page 11 detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 17. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans and stormwater infrastructure elevations and locations in digital format, that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), pipe galleries, etc.), including soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City, and video of final inspection of clean underground pipe gallery system and contributing stormsewer shall be provided to the City Engineer. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 18. The Applicant shall restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer, for any parking lot or utility connections that extend into public right-of-way. 19. The applicant shall obtain a Grading Permit prior to beginning any construction activities. 20. The Applicant shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a Grading Permit. AMES CROSSING RD77THLUNAR LANEROLLINGCIRCLEC.S.A.H. NO. 26 (LONE OAK RD.)M IK E C O LLIN S D R GRAND OAK CIR W9 LOUIS LANEROLL LN.HILLSIDEDRSALLYALDRINDRIVESTATETRUNKHWY.NO.55RCHAPEL LANEVIKINGSPARKWAYROLLINGHILLSDRLONEO AKPAR KW A YRITA CTCOURTHOUSE LNREDOAKDRRDBORCHERTLNRANDOMRDLONE OAK DRIVENK HWY. NO. 55JOYCE CTWREN LNC O M M ER S D R HOLIDAY LNAPOLLO ROADWATERSRDHILLSIDE CTS T ATE TRUN K H W Y. N O . 149HOLIDAY LNOAKDRGRAND OAK CIR EWA Y MIKECOLLINSDRLONEOAKPARKWAYSTATE TRUN K H W Y. N O. 1 49 REDOAKCCHAPELLANEOROADBur Oaks ParkThresherFieldsParkFUTUREPARK ParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Country Inn & SuitesRequest: Interim Use PermitCase No.: 12-IN-01-02-19Subject Site CO. RD. 26 Lone Oak RoadHWY 5 5 HWY 55HWY 5 5 HWY 55HWY 5 5 Holiday LaneCourthouse LaneHoliday Lane150 075 Feet´This map is for reference use only. This is not a survey and is not indtended to be used as one.Aerial photo-Fall-2017Project: Country Inn & SuitesRequest: Interim Use Permit Case No.: 12-IN-01-02-19 Dear Council Members, It is the intent of our project team to create an attractive, desirable addition to the Country Inn of Eagan that enhances the use of the property to its full potential that also positively impacts the surrounding areas as well. The hotel’s site between the two main thoroughfares of Dodd Road and Lone Oak Road make it ideal for expansion in both facets: it is easily accessible to travelers seeking accommodation for business or pleasure in the surrounding areas of Eagan. Our goals with the development are twofold: to add 200 additional parking spaces to serve us in the interim for the next 3 years as we finish detailing out phase 2. The second phase will be to add hotel rooms and amenities to upgrade overnight accommodations and to provide a new conference space so that the site can be further utilized during the day. We will also proposing a new exterior veranda with fireplace as an added amenity for hotel guests during phase 2. This future improvement will add another diversified usage to continue the site’s enhancement and commercial benefit to the surrounding area. This development will generate increased commercial usage for the area and better utilize vacant land along a busy stretch of road. This constitutes a benefit for the public in terms of commercial development, increased property value and overall aesthetics that promote Eagan’s city pride. On the current vacant site water runoff is unmanaged; a water capture strategy as planned by civil engineers is a benefit to the City’s infrastructure in mitigating run-off. Additionally, responsible and effective water management and manicured landscape will be an aesthetic boon to the site’s currently unkempt field. An expansion of the parking lot is proposed to accommodate the increased usage of the site for hotel guests, meeting attendees, restaurant patrons, and guests flying out of town who need a secure place to store their vehicle. This parking is essential to accommodating the diversified uses of the development. The surrounding properties on the north side of Dodd Road include a McDonald’s restaurant and a Holiday gas station. East of the proposed addition, across Holiday Lane are three single family residences. The planned addition will be contained to the west side of the properties to have a little impact on the homes as possible. Our team’s proposed site plans include planting nearly 200 Boxwood shrubs in this currently unmown lawn. The residential properties are already screened towards our property and have a retaining wall. Due to these factors, we believe that the proposed work on our site will have minimal negative influence on nearby residential lots, while furthering the value of neighboring commercial lots. The development’s primary impact on City services will be in relation to storm water management. With the increased parking surface needed to accommodate the expansion, our civil engineers have prepared site plans to responsibly mitigate and manage storm water on site. Due to these factors, we believe that this development proposal would result in a better use of land while responsibly addressing impacts on its surroundings and City services. The additional spaces we are proposing will help accommodate the future restaurants, rooms and meeting room that the city minimum only devotes 30 spaces for. In our many years of experience running multiple hotels this is a significant underestimate for this type of space. When a conference room is rented out for a business seminar or meeting it is extremely rare for people from dozens of different businesses from different parts of the metro, state, or country to arrive at a conference with 3 people in each car. Building the parking lot during this phase will make this project more feasible, and more importantly minimizing disruptions to the guests of the hotel during the construction of the additional building. The proposed site plan will fulfill the highest use of a mostly unbuildable property. During the development and grading of the parcels that are part of the Oakview Center, Oakview Center second addition lot 1, the currently vacant lot, was utilized to store unusable soil. In an attempt to sell the lot, a previous owner graded the lot with the unusable soil from the rest of the PUD. The result of this is a range of 9 to +12 feet of soil that will not support a structure as shown in the soil borings and letter from the original civil engineer Jeff Shopek for the development. This unstable soil only gets deeper as you move to the east side of the site. It is this fill that has prevented the construction of the previously planned construction projects. Our efficient layout of the hotel addition and surrounding site avoids the worst of these soils to make the best use and tax generating layout for this piece of property. In summery the proposed improvements to Country Inn site will have a positive impact on the city of Eagan. With the upcoming opening of the new Vikings facility, Eagan will have massive influx of visitors either Vikings fans or visitors attracted by the increased prestige of Eagan. Our proposal is aimed at expanding a busy hotel and creating a more organized and usable site for the owner and guests of the hotel. It is necessary to the continued success of the Country Inn and Eagan’s tourism industry that you approve the proposed site plan. Business Model Our business model for the past year that we had done park sleep and fly has allowed us to accommodate over 15,000 different guests was the guest would spend at least one night at the hotel either before they left for their trip or when they would return. However guests would often stay at both ends of their trips. The way we have done this is by offering a different and better service than our surrounding cities and hotels. For example our neighboring EZ Air Park offers guest park and fly were a guest would only park their car and then be shuttle to and from the airport which only benefits them and their customers. Whereas our hotel benefits not only us and our guests it benefits the city as a whole. Most of our guests that spend the night our either couples or families of four; you can’t spend the night without needing to eat and that means that those 15,000+ people our eating dinner at one of our local Eagan restaurants which provides greater tax benefits to the city. If our guests have an afternoon return then they will more than likely be eating lunch at one of Eagan restaurants which will provide greater tax benefits to the city. In 2017 thanks to our Park Sleep Fly business model our hotel was able to accommodate 5,256 room nights. According to Brent Cory President of Eagan Convention and Visitors Bureau this had a positive financial effect on Eagan. This trickledown economics comes out to the tune of $925,056 that are park sleep and fly has contributed to the city according to Mr. Cory. One of the key elements that differentiates us from all else is our proximity to Vikings Lake we are thee closet hotel to the new Minnesota Vikings Headquarters and this draws a lot of people to not only our hotel but to the area as well. During peak times this impact our parking lot very heavily and make it hard to park any additional cars. Also with Minnesota winters and plowing snow the hotel will lose spaces requiring need for additional parking spaces for the hotel to do park sleep and fly. The people who will be utilizing our Park Sleep and Fly program are people who live in the Twin Cities, people who live in Northern as well as Southern Minnesota. It will also service people coming from as far away as the Dakota, Wisconsin, Iowa, and even Michigan. Signage The only signage for the five acre parcel will be the one that is already on premises. Security There is not gate or cameras as we have never had issues in our parking lots before. Parking All that will be parked will be guests’ vehicles that leave while on their vacation as well as overflow parking for current guests. From: Nelson Smith <smith.nelsonnc@gmail.com> Sent: Sunday, March 24, 2019 11:40 PM To: Mike Maguire <MMaguire@cityofeagan.com> Subject: Thank you Dear Mayor Mike Maguire I would like to acknowledge and express my appreciation for your effort in conducting excessive parking lots proposed by hotels owners to operate unrestricted park and fly operations in Eagan. Thank you for the work you do to bring attention to the negatives sides of this business when its practiced beyond the city ordinance, and thank you for not permitting business owners to proceed parking projects with empty promises. Sincerely BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application for an Interim Use FINDINGS OF FACT, Permit with to Allow Off -Site Parking at CONCLUSIONS, AND Lot 1, Block 1, Blue Ridge 3rd Addition RESOLUTION FOR DENIAL This matter came before the Eagan City Council ("Council") at its meeting of December 4, 2018. On November 27, 2018, the Advisory Planning Commission held a public hearing on this matter and recommended denial. The Council received and considered the Planning Report, dated November 15, 2018; testimony from the Applicant; public comment; and all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input presented at the meeting, the Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Country Inn and Suites (the "Applicant") submitted an application for an interim use permit ("IUP") to allow off-site hotel/airport parking at property located at 2900 Lone Oak Road Parkway, and legally described as Lot 1, Block 1, Blue Ridge 3rd Addition (the "Property") 2. The Property is designated as BP, Business Park within the Comprehensive Guide Land Use Plan. 3. The Property is zoned PD, Planned Development. 4. The Applicant is requesting an IUP because of parking constraints caused by its park -sleep -fly business located at 3035 Holiday Lane, Eagan, Minnesota. 5. Under City Code Chapter 11, Section 11.50, Subdivision 6C, the Council may issue an IUP for the Property if the Council if (i) the use is deemed to be temporary in light of Page 1 of 5 the Comprehensive Guide Plan designation for the Property on which the use is located, and the use conforms to the bulk and performance standards of the zoning regulations; (ii) the date or event that will terminate the use can be identified with certainty; (iii) permission of the use will not impose additional costs on the public; (iv) the Applicant agrees to any conditions the Council deems appropriate for the permission of the use; (v) the use meets the standards set forth in the zoning regulations governing the conditional use permits; and (vi) the City of Eagan determines that the Property is in compliance with the City of Eagan's code. 6. Under City Code Chapter 11, Section 11.40, Subdivisions 4C and 41), the Planning Commission shall recommend a conditional use permit only if it finds that such use at the proposed location: i. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. ii. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provides. iii. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. iv. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. v. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the Page 2 of 5 general welfare because of excessive production of traffic, noise, smoke, fumes glare or odors. vi. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. vii. Will not result in the destruction, loss or damage of natural, scenic or historic feature of major importance. viii. Is appropriate after considering whether the property is in compliance with the City Code. 7. The Applicant expressed that it owns a three (3) acre vacant lot (the "Lot") contiguous to its operations at 3035 Holiday Lane. 8. The Planning Report details concerns regarding the precedent set by the approval of the IUP. 9. According to the Planning Report, other hotels offer the same or a similar park - sleep -fly business model like the Applicant's business model, but these hotels do not use off-site parking for their operations. 10. According to the Planning Report, the City of Eagan encourages tax -base supportive development and off-site storage does not contribute to the tax base and is a disincentive to additional development. 11. The Applicant has the option to request an Interim Use Permit to use and develop all or a portion of the Lot as interim over -flow parking. 12. The foregoing option is a better choice for the Applicant, and it would not be setting a negative precedent. Page 3 of 5 CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. The Applicant's parking constraints are caused by its business model. 3. Granting an IUP will set a negative precedent for other hotels and businesses to seek off-site parking. 4. The granting of an IUP circumvents the City Code requirement that storage be associated with the owner/tenant of the primary use. 5. The granting of an IUP is inconsistent with the expansion of the Applicant's existing site for hotel and restaurant uses. 6. The three year term, amended from a five-year term, is not appropriate. 7. Using the Property for off-site parking and storage is not the best and highest use of the Property. 8. The Property has viable uses for development under the existing Planned Development zoning. 9. The Applicant has means within its own control to remedy its parking issue without creating an off-site solution. 10. The granting of an IUP would not be consistent with the objectives of the Comprehensive Plan & City Code. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for an IUP to allow off-site parking at Lot 1, Block 1, Blue Ridge 3 d Addition is hereby denied. Dated at Eagan, 'Minnesota this 18th day of December, 2018. Page 4 of 5 City of Eagan AAW66� ' By: Mike Maguire Its: Mayor jv-���-- By: Christina Scipioni Its: City Clerk Page 5 of 5 Agenda Information Memo April 2, 2019 Eagan City Council Meeting NEW BUSINESS B. Comprehensive Guide Plan Amendment - Clements Consulting LLC Action To Be Considered: To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to MD (Medium Density) upon approximately 11 acres located southeast of Red Pine Lane and Hwy 3. Required Vote For Approval: ➢ At least three votes Facts: ➢ The Applicant is requesting a change in the land use designation from RC (Retail Commercial) to MD (Medium Density), of an 11 acre parcel. ➢ The property is currently zoned NB (Neighborhood Business) and consists of four platted lots that are vacant. ➢ The property was cleared and graded in anticipation for future development save for a stand of trees and a wetland centrally located along the western edge of the property. ➢ The Concept Plan identifies 71 townhomes with a density of 7.8 units/acre which is consistent with the proposed MD designation (4-12 units/acres). ➢ The property is adjacent to the Gun Club to the south and Industrial properties to the east. ➢ The required City Council vote to amend the Comprehensive Plan will be a minimum of four votes. ➢ The Advisory Planning Commission held a public hearing on the request at the March 26, 2019, meeting and did recommend approval. Issues: None 60-Day Agency Action Deadline: N/A Attachments: (4) NBB-1 Location Map NBB-2 Draft March 26, 2019 APC Minutes NBB-3 Planning Report NBB-4 Exhibits MARSH COURTDO DD R OAD OA K PO N D R O A D MANORDRC.S.A.H. NO. 32WATERVIEWCOVE(SOUTH ROBERT TRAIL)SHELERUD DRHAYLAKECTOAK P O N D C IRC.M.ST.P.&P.120TH STSYCAMORE DRIVE(CHICAGO,MILWAUKEE,ST.PAUL&PACIFICRAILROAD)7FAW N R ID G E T R A IL BISCAYNE AVEREDPINELANEWGREENLEAFDRS.HAYLAKEROADSYCAMORE DRWHITETAILWAYWESTON HILLS PLYLANECAYLIN CTPARKSIDEC O U R T MCFADDENSTRAILC.S.A.H.NO.32(CLIFFROAD)BRISTOLBLVDSTRATFORDLANESPRUCE CIRACORNSTL A NE RIENDEERLATWINS CTNAUVOO LANEALLANLANEWHITE PINE WAYEGRE ENLEAF DR FARM ROADREDPINE CT PINE LANEW H ITET AIL W AY C.S.A.H.NO.32(CLIFFROAD)MIDDLELANEREDPINELNE GREENLEAF DRD O D D R O A D REDPOLL CTA.H. NO. 32ISABELLECTMANORDRTODD AVEMAJESTICOAKSCTPINECONETRLSTATETRUNKHWY.NO.3WESTON HILLS DRIVEN.HAYLAKERD MAJESTIC OAKS PLW GREENLEAF DRWHIT E PINEWAYDODDROADOAKPONDRDSWEET ST SOO LINE RRSYCAMORE CTTAMIE AVEREDPINELNP IN E C O N E CIRNGREENLEAFDRSTATET OVERHILLROADWESTONHILLSDRNORTHHAYLAKEROADGUN CLUB ROADBROOKLYN CTA.H. NO. 32WESTONHILLSDRIVEPARKSID E CIRC L EMCFADDENSTRAILTAMIEAVEWESTONHILLSCT DODDROADROSA CTWOODLAND WAYSGREENLEAFDRLYNXCARIBOULNSPRUCE STREETBROOKLYNAVEHiddenCornerParkHistoricHolz FarmParkSouthOaks ParkOak PondHillsParkParkLebanon HillsRegional ParkHolzFarmParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Red Pine Request: Comprehensive Guide Plan AmendmentCase No.: 36-CG-01-02-19Subject Site Advisory Planning Commission March 26, 2019 Page 7 of 11 B. Red Pine Lane & Biscayne Applicant Name: Michael Clements, Clements Construction Location: 460 & 570, 4851 & 4861 Red Pine Crossing & Biscayne Rd; Lot 1& 2, Block 1, Red Pine Crossing & Lot 4 & 5, Block 1, Haley’s 1st Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from RC, Retail Commercial to MD, Medium Density. File Number: 36-CG-01-02-19 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 19, 2019. Jenni Thompson, Pioneer Engineering, stated she was representing the applicant and was available for questions. Member Weimert asked about the gun club protection act and possible berming along Highway 3. Ms. Thompson stated they have developed in similar situations and noise attenuation measures would need to be employed. She went on to say that the site has yet to be engineered so she was unable to provide an answer on the likelihood of berming along Highway 3. Vice Chair Sagstetter asked why the previous amendment request was withdrawn. Ms. Thompson stated she was not involved with the previous application and did not know. Vice Chair Sagstetter opened the public hearing. Ian Hardgrove, 569 Spruce Circle, commented that this application was moving fast and stated he was not opposed to the site developing. He summarized his concerns with traffic on Biscayne and Red Pine, the lack of a sidewalk on Biscayne, price point and that he could not find any information online about the applicant, Michael Clements. He also commented that future buyers should be made aware that the gun club is loud, and they operate 5-6 nights/week. Kala Diederich, 564 Spruce Circle, echoed the same concerns as Mr. Hardgrove. There being no further public comment, Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer Aaron Nelson stated the traffic generation for the proposed medium density development will be far less than what would be expected for a retail commercial development. He commented that traffic operations at the intersections mentioned could be analyzed once development is complete. He also stated sidewalks along Biscayne would need to be reviewed more globally to ascertain suitability and connectivity. Advisory Planning Commission March 26, 2019 Page 8 of 11 Member Weimert opined that the proposed land use made sense. Member Weimert moved, Member Whisnant seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from RC, Retail Commercial to MD, Medium Density Residential, for a residential townhouse development upon 11.3 acres located southeast of Red Pine Lane and Hwy. 3. All voted in favor. Motion carried 4-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 2019 CASE: 36-CG-01-02-19 APPLICANT: Clements Consulting LLC HEARING DATE: March 26, 2019 PROPERTY OWNER: Joseph T. Morton and APPLICATION DATE: March 4, 2019 Revestors Group 4 LLC REQUEST: Comprehensive Plan Amendment PREPARED BY: Sarah Thomas LOCATION: 560 and 570 Red Pine Lane; 4851 and 4861 Biscayne Ave COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation from RC, Retail Commercial to MD, Medium Density Residential, for a residential townhouse development upon 11.3 acres located southeast of Red Pine Lane and Hwy. 3. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city’s Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city’s Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city’s Comprehensive Guide Plan is requested, it is the city’s responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city’s action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report – Red Pine 2019 March 26, 2019 Page 2 The 2040 Comprehensive Plan update was submitted to the Metropolitan Council for review on February 28, 2019. The Metropolitan Council has stated that proposed amendments to the plan will not be processed by them until the 2040 Plan is approved and adopted. BACKGROUND/HISTORY The site consists of four platted parcels which are vacant. The properties are currently zoned NB, Neighborhood Business and are designated in the Comprehensive Guide Plan for RC, Retail Commercial land uses. An application for a Comprehensive Guide Plan Amendment was submitted in 2016 to change the land use designation from RC, Retail Commercial to LD, Low Density Residential, for a residential twin home development consisting of 34 units. That proposal included approximately 9.5 acres and did not include the two parcels that abut Biscayne Avenue (as with this proposal). At their regular meeting on February 2, 2017, the City Council directed staff to submit the amendment to the Metropolitan Council for review on a 3-2 vote. The amendment request was submitted and the Metropolitan Council informed the City it could implement the change on March 22, 2017. Ultimately, the applicant withdrew the request before the item returned to the City Council for their consideration. Previously, the site was approved for a Preliminary Planned Development to develop a grocery store-anchored mixed office/retail development and a Subdivision to create two lots in 2006. A Final PD for Lots 1 and 2 were approved later that year. The City Council approved a Rezoning from PD, Planned Development to NB, Neighborhood Business, in 2015 as development of the property did not transpire and the owner requested the termination the Planned Development Agreement and release it from any obligations under the Development Agreement. Prior to 1994-95, the property was guided in the Comp Plan for residential uses. In 1980, the land use designation was R-II, Mixed Residential 3-6 units/acre. By 1988, the land use designation of the entire area east of Hwy. 3 and south of Cliff Road was changed to D-I, Single-family residential 0-3 units/acre. During the 1970s and 1980s, several industrial buildings were constructed in the adjacent Halley’s Addition. Following a study of the area in 1994-95, the land use designation of the subject site and the adjacent Halley’s Addition was changed to IND, Limited Industrial, creating consistency between the use, zoning and land use. In 1995, Red Pine Lane was constructed, leaving a remnant parcel of land south of the new street and east of the railroad right-of-way. In conjunction with the creation of this new intersection with Hwy. 3, the Gun Club Road intersection with Hwy. 3 was closed. With additional residential development in this part of the City, the City revisited the land use and zoning of the properties south of Red Pine Lane and east of Hwy. 3. In March 2002, following an area study in 2001, the City changed the land use designation and zoning of the properties west of Biscayne Avenue from IND, Limited Industrial, to RC, Retail Commercial. The property Planning Report – Red Pine 2019 March 26, 2019 Page 3 was rezoned from I-1, Limited Industrial, to NB, Neighborhood Business later in 2002. With the change in land use and zoning, existing industrial uses became non-conforming. EXISTING CONDITIONS The site consists of four platted parcels which are vacant. The site is separated from Hwy. 3 by railroad tracks. The site is open with some wooded areas and a wetland complex on the west edge of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family Residential R-1, Single Family Residential LD, Low Density Residential South West End Hunting and Fishing Club P, Park REC, Private Recreation East Red Pine Elementary; manufacturing/warehouse PF Public Facility; I-1, Limited Industrial QP, Quasi Public; IND, Limited Industrial West Railroad/Hwy. 3 Right-of-way EVALUATION OF REQUEST Comprehensive Guide Plan Amendment: The applicant is proposing a change in the land use designation of this 11.3-acre site from RC, Retail Commercial to MD, Medium Density. Medium Density is a general land use category which provides areas primarily for attached housing units, including two-family dwellings, townhomes and condominiums (4-12 units/acre). The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. PROPOSAL The applicant is proposing development of 71 townhomes on the four properties. The Concept Plan identifies access from Biscayne Avenue along the northern property line and an extension of Gun Club Road to the south. A private street would provide a looped access throughout the development. The applicant’s narrative provides a history of the property since it was guided for retail commercial in 2002. Given the unsuccessful attempts to develop the property under that Guide Plan designation, the narrative states, “These townhomes, at this density, will provide the Planning Report – Red Pine 2019 March 26, 2019 Page 4 best option for this property. Townhomes will also provide a necessary life cycle housing option in this area.” ENVIRONMENTAL IMPACTS Topography – A portion of the site was previously graded. The site is generally open with light tree coverage and drains mainly to the south and west toward an existing wetland complex (portion of Pond LP-23 as designated in the City Storm Water Management Plan – 2007). A preliminary Grading Plan was not provided, but it appears the majority of the site would be disturbed for development. Elevations range from approximately 967 to 926. Wetlands – There is at least one wetland on site. In accordance with City Code §11.67, a Certified Wetland Delineator will need to prepare a delineation and assessment (via MNRAM) report for the wetland. Any development will need to be in accordance with the State Wetlands Conservation Act with any future development. Tree Preservation – The City’s Tree Preservation Ordinance sets the allowable removal for this type of single-phase, multiunit residential development at 47.5%. A detailed tree inventory and replacement plan (if necessary) will be required at the time of development. Airport Noise Considerations – The site is located outside of the Airport Noise Policy Zone areas. Gun Club Noise Considerations – The site is also located within 750 feet of the existing Gun Club property which is a protected use. The State Legislature amended the State Statute in 2012 per the Shooting Range Act. Future applications will need to demonstrate that the proposed housing development complies with MN State Statutes. These statutory requirements may include certain noise attenuation standards that must be met with each home similar to the construction standards for properties within airport noise zones. Summary – Environmental Impacts At least one wetland is located on the property, thus a wetland delineation will be required. Standard Tree Preservation requirements will apply to the development. The site is not within the Airport Noise Policy Zone area; however, the site is subject to the Shooting Range Act due to the proximity to the Gun Club property. INFRASTRUCTURE IMPACTS Storm Drainage – The entire site lies within Drainage District L (as designated in the City Storm Water Management Plan – 2007), and Pond LP-23 ultimately drains to Lebanon Hills Regional Park (LHRP). The development of this property will be subject to the codified post-construction storm water requirements for storm water volume and pollutant control, and to MN Department Planning Report – Red Pine 2019 March 26, 2019 Page 5 of Transportation storm water permit requirements if there is any discharge to Highway 3 right- of-way. Utilities – Sanitary sewer District C (as designated in the City’s Comprehensive Sanitary Sewer Plan) serves the entire site. Trunk sanitary sewer of sufficient size, depth, and capacity is available to the northwest from Red Pine Lane for connection and extension by this development. Any development of the site should extend public sanitary sewer through the site and connect to the existing sanitary sewer on Biscayne Ave. This will allow for a temporary sanitary sewer lift station to be eliminated and allow additional capacity for future development to the south and east in Eagan and, potentially, Rosemount in accordance with the City Comprehensive Sewer Plan. Water main of sufficient size, depth, and capacity was stubbed to the site from Red Pine Lane. A water main “loop” should be constructed with the proposed development to Biscayne Ave. to provide redundancy in the system and reduce the likelihood of shutting down the entire development when maintenance or repairs are being performed. The home on the corner of Gun Club Road and Biscayne Ave. was constructed with a temporary water and sewer service extended to the mains along Biscayne Ave. Those temporary services should be removed and connected to the new public mains to be constructed along Gun Club Road along with this development. Any existing wells or septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of the development. Water Quality – Any development of the site will need to comply with This the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control – performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. Streets/Access/Transportation – Access to the site is proposed from Biscayne Ave. The concept plan shows the extension of Gun Club Road (public street) from Biscayne Ave, and a private street that loops through the site and connects back to Biscayne Ave. The construction of any public street should terminate with a standard sized cul-de-sac to allow for maneuverability of public safety and maintenance vehicles. The private streets should be designed to accommodate fire department requirements. Easements/Permits/Rights-of-Way – Existing drainage and utility easements are already on the property from the previous proposed development. These easements should be vacated and new easements dedicated with the new plat. The extension of Gun Club Road will likely require Planning Report – Red Pine 2019 March 26, 2019 Page 6 a small amount of additional roadway easement or right-of-way from the West End Gun Club. The applicant should provide any additional easements/right-of-way necessary to extend this road. Financial Obligation – There are pending assessments on the property for previously constructed public improvements. Summary – Infrastructure Impacts Sanitary sewer and water main service are available to serve development of the site. Any development of this site would be subject to City ordinances related to storm water volume and rate control, as well as pollutant control and water quality management. Public street access is available from Biscayne Avenue. COMPREHENSIVE LAND USE IMPACTS Land Use Designations – MD, Medium Density Residential, is a general land use category which generally provides areas for medium density attached housing. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. Density – The maximum allowed gross density for this land use is 12 units per acre (4-12 units/acre). The proposed Concept Plan illustrates a density of 7.8 units/acre. Compatibility – As noted in the Eagan 2030 Comprehensive Plan, medium density residential uses are generally compatible with other residential uses, both lower and higher density. Similar to single family uses, medium density residential may also be compatible with some commercial and light industrial uses, given appropriate scale, buffering and design treatment of the higher intensity uses. In some situations, medium density residential uses may serve as a buffer between lower and higher intensity uses. Buffering is usually required where it abuts other more intense uses, particularly industrial uses or busy roadways, both of which are applicable to the site. The proposal appears generally compatible to the surrounding developed properties although the properties to the east are long standing industrial businesses, many with permitted outdoor storage activities. Numerous complaints, often by the same individual(s), from single family homeowners to the south and east have been received by Eagan Code Enforcement over the past several years regarding the industrial business activities on Biscayne Avenue. Access Needs – Access needs for medium density residential development vary by the proposed unit type and size of the development. As noted in the Comprehensive Plan, locations with easy access to arterial and collector streets may be most appropriate for larger-scale townhome type developments. Planning Report – Red Pine 2019 March 26, 2019 Page 7 Physical Suitability – The Comprehensive Plan states that similar to single family development, the unit type has few limitations beyond those imposed by the City’s existing regulations regarding wetland, shoreland impacts, tree preservation and water quality. In areas of significant natural features worthy of protection, such as a wetland, it may be appropriate to utilize cluster design techniques to minimize disturbance of the natural site features. Generally, attached units can be integrated into sites with physical constraints. The proposed Concept Plan depicts the townhomes along the middle and eastern side of the development, taking the wetland and setbacks from Hwy 3 into consideration. Summary – Comprehensive Land Use Impacts This request appears generally compatible with the area and Comprehensive Plan objectives; however, appropriate buffering techniques may be necessary given the proximity to existing Industrial businesses, the gun club and Highway 3/rail road tracks. PARKS AND RECREATION SYSTEM Park Dedication – Land dedications to satisfy the dedication requirements are generally requested when there is the opportunity to expand an existing parks space, create a park in an area identified as underserved or to protect a unique natural resource. The subject parcel is located within Park Service Area 36. This portion of the Service Area does contain a developed park feature, Hidden Corner Park, which is connected to the Red Pine Elementary School property. Park Service Area 36 also contains Holz Farm and Holz Park located on Manor Drive, west of the South Robert Trail. Trail Dedication – Typically, development of the site would be responsible for a trails dedication. As per past practice and policy, the dedication could be met with a cash payment and/or credit given for the development of trails internal to the site that have public benefit. A pedestrian access from the proposed development directly to the existing trail along the south side of Red Pine Lane should be considered in any final design due to the proximity of Red Pine Elementary School and Hidden Corner Park. Summary – Parks and Recreation The subject area is served by an existing neighborhood park, Hidden Corner Park, as well as Holz Farm and Holz Park. A pedestrian connection should be made to the trail along Red Pine Lane. Planning Report – Red Pine 2019 March 26, 2019 Page 8 SUMMARY OF FINDINGS In evaluating this proposal, the following items should be considered: General Considerations • The applicant is requesting a change in land use designation to MD, Medium Density, from RC, Retail Commercial, for 11.3 acres located southeast of Red Pine Lane and Hwy. 3. • The submitted Concept Plan illustrates a 71-unit townhome development with access from Biscayne Avenue and an extension of Gun Club Road. Environmental Impacts • The site was previously graded, in anticipation of future development. • The site is generally open with light tree coverage. • The development is subject to the Tree Preservation Ordinance. • A natural wetland is located on the site. • The site is not located within the Airport Noise Policy Zones. • The site is located within 750 feet of the existing Gun Club Property; thus, the applicant will need to address and satisfy any statutory requirements when developing property adjacent to the Gun Club. Infrastructure Impacts • Public street access is from Biscayne Ave and the extension of Gun Club Road; a private street is proposed to loop through and serve the development. • Any development of this site would be subject to City ordinances related to storm water volume and rate control, as well as pollutant control and water quality management. • Sanitary sewer and water main service are available to serve development of the site. Planning Report – Red Pine 2019 March 26, 2019 Page 9 Comprehensive Land Use Impacts • MD, Medium Density, is a general land use category which provides areas primarily for attached housing units, including two-family dwellings, townhomes and condominiums (4-12 units/acre). • The submitted Concept Plan and narrative propose a 71-unit townhome development upon 11.3 acres for a density of 7.8 units per acre. • The proposal appears generally compatible to the surrounding developed properties although the properties to the east have long been home to assorted industrial businesses. Parks and Recreation System • The area is served by a developed park feature, Hidden Corner Park which is connected to the Red Pine Elementary School property. • Holz Farm and Holz Park are also within the Park Service Area. • A pedestrian connection should be made directly from the proposed development to the trail along Red Pine Lane. SUMMARY/CONCLUSION The applicant is requesting approval of a Comprehensive Guide Plan Amendment from RC, Retail Commercial to MD, Medium Density, to allow a 71-unit townhome residential development. The use appears generally compatible with existing uses in the surrounding area; however, proof of compliance with MN State Statutes regarding the Gun Club would be necessary with future applications. Additionally, long standing industrial businesses, many with permitted outdoor storage activities, are located adjacent to this site. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from RC, Retail Commercial to MD, Medium Density Residential, for a residential townhouse development upon 11.3 acres located southeast of Red Pine Lane and Hwy. 3. MARSH COURTDO DD R OAD OA K PO N D R O A D MANORDRC.S.A.H. NO. 32WATERVIEWCOVE(SOUTH ROBERT TRAIL)SHELERUD DRHAYLAKECTOAK P O N D C IRC.M.ST.P.&P.120TH STSYCAMORE DRIVE(CHICAGO,MILWAUKEE,ST.PAUL&PACIFICRAILROAD)7FAW N R ID G E T R A IL BISCAYNE AVEREDPINELANEWGREENLEAFDRS.HAYLAKEROADSYCAMORE DRWHITETAILWAYWESTON HILLS PLYLANECAYLIN CTPARKSIDEC O U R T MCFADDENSTRAILC.S.A.H.NO.32(CLIFFROAD)BRISTOLBLVDSTRATFORDLANESPRUCE CIRACORNSTL A NE RIENDEERLATWINS CTNAUVOO LANEALLANLANEWHITE PINE WAYEGRE ENLEAF DR FARM ROADREDPINE CT PINE LANEW H ITET AIL W AY C.S.A.H.NO.32(CLIFFROAD)MIDDLELANEREDPINELNE GREENLEAF DRD O D D R O A D REDPOLL CTA.H. NO. 32ISABELLECTMANORDRTODD AVEMAJESTICOAKSCTPINECONETRLSTATETRUNKHWY.NO.3WESTON HILLS DRIVEN.HAYLAKERD MAJESTIC OAKS PLW GREENLEAF DRWHIT E PINEWAYDODDROADOAKPONDRDSWEET ST SOO LINE RRSYCAMORE CTTAMIE AVEREDPINELNP IN E C O N E CIRNGREENLEAFDRSTATET OVERHILLROADWESTONHILLSDRNORTHHAYLAKEROADGUN CLUB ROADBROOKLYN CTA.H. NO. 32WESTONHILLSDRIVEPARKSID E CIRC L EMCFADDENSTRAILTAMIEAVEWESTONHILLSCT DODDROADROSA CTWOODLAND WAYSGREENLEAFDRLYNXCARIBOULNSPRUCE STREETBROOKLYNAVEHiddenCornerParkHistoricHolz FarmParkSouthOaks ParkOak PondHillsParkParkLebanon HillsRegional ParkHolzFarmParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Red Pine Request: Comprehensive Guide Plan AmendmentCase No.: 36-CG-01-02-19Subject Site HWY 3HWY 3HWY 3HWY 3Spruce StreetRed Pine LaneBiscayne AvenueGun Club RoadRed Pine LaneRed Pine LaneBiscayne Avenue Red Pine Lane150 075 Feet´This map is for reference use only. This is not a survey and is not indtended to be used as one.Aerial photo-Fall-2017Project: Red Pine Request: Comprehensive Guide Plan AmendmentCase No.: 36-CG-01-02-19 1234 To: City of Eagan From: Michael Clements, Clements Consulting Re: Red Pine Property Comprehensive Plan Amendment Date: February 20, 2019 We are pleased to submit this application for a comprehensive plan amendment to the City of Eagan. The Property The property is located on the southeast corner of County Road 3 (Robert Street) and Red Pine Lane in the southeast corner of Eagan. The combined properties are a little over 11 acres of mostly flat area with a pond that was built in the southwest corner to accommodate a site plan over 10 years ago which never came to fruition. There is also an existing wetland to the north of the stormwater pond with some woodland surrounding. There is a railroad track along the western boundary between the County Road and the property. Comprehensive Plan The property is currently guided for retail commercial (RC). The property has been guided this way since 2002. This area has undergone numerous changes in land use and zoning over the decades in an attempt to attract developers or commercial builders but this piece of property continues to remain undeveloped. The property has been available to prospective developers for a use that fits within RC since 2002 and Industrial prior to that but nothing has worked out. We are now before you with a comprehensive plan amendment request so we can finally get this remaining piece of property in this area developed. We have determined that the highest and best use for this property is a medium density residential. You will find our site plan submitted with this application showing just shy of 8 units/acre proposed. With the gun club located to the south, the highway and railroad to the west, single family residential to the north, and industrial directly east, these townhomes at this density will provide the best option for this property. Townhomes will also provide a necessary life cycle housing option in this area. Zoning The property is currently zoned Neighborhood Business (NB). We will be requesting a re-zoning to R-3 Residential Townhouse (potentially a PD) if the comprehensive plan amendment application is approved. Attached to this application is our proposed concept plan. Traffic Circulation We are proposing an improved public cul-de-sac to the southeast of the proposed development (117th Street East). This currently is the location of a temporary lift station that may ultimately be removed upon the development of our property. Our proposed neighborhood would be serviced by private roads connecting up to the northeast portion of the property directly onto Biscayne providing a full loop street. We look forward to working with the City of Eagan as we work through the entitlement process. Metropolitan District 1500 County Road B-2 West Roseville, MN 55113 An equal opportunity employer March 15, 2019 Mike Ridley, Planning Director Eagan Municipal Center 3830 Pilot Knob Rd Eagan, MN 55122 SUBJECT: Red Pine Property MnDOT Review #S19-011 SE quad of MN 3 and Red Pine Lane City of Eagan, Dakota County Control Section 1921 Dear Mr. Ridley: The Minnesota Department of Transportation (MnDOT) has reviewed plans for the Red Pine Property submitted 2/20/19 by Michael Clements of Edina Realty. Before further development, please address the following: Drainage A drainage permit may be required. While existing drainage patterns indicate that flows to MnDOT right-of-way are not likely to change or increase and a drainage permit would not be required, the information submitted does not allow MnDOT to verify this. MnDOT requests that the proponent provide a grading plan showing existing and proposed contours of the project site, as well as drainage area maps showing the existing and proposed drainage areas with flow directions indicated by arrows. This will allow MnDOT to determine if a drainage permit is needed. Please contact Nick Olson at MnDOT Metro District’s Water Resources Engineering (651-234-7542) or Nicholas.Olson@state.mn.us) with any questions about the information requested. Permits In addition to the potential drainage permit referenced above, any other impacts to MnDOT right-of-way will require a permit. Permit forms are available at:https://dotapp7.dot.state.mn.us/OLPA.For questions regarding permits and submittal requirements, contact Buck Craig of MnDOT’s Metro District Permits Section at 651-234-7911 or Buck.Craig@state.mn.us. Trail MnDOT strongly recommends that a connection to the trail on the south side of Red Pine Lane and to the west across MN 3 be provided from the proposed development to provide future residents safe and convenient access to both the trail and Red Pine Elementary School, which is about ¼ mile to the east of the development. For questions, contact Cameron Muhic of MnDOT’s Metro District Multimodal Planning Section at 651-234-7797 or Cameron.Muhic@state.mn.us. Review Submittal Options MnDOT’s goal is to review proposed development plans and documents within 30 days of receipt. Page 2 of 2 Electronic file submittals are typically processed more rapidly. There are four submittal options: 1. Email documents and plans in PDF format to metrodevreviews.dot@state.mn.us. Attachments may not exceed 20 megabytes per email. If multiple emails are necessary, number each message. 2. Upload PDF file(s) to MnDOT’s external shared internet workspace site at: https://mft.dot.state.mn.us. Contact MnDOT Planning development review staff at metrodevreviews.dot@state.mn.us for access instructions and send an email listing the file name(s) after the document(s) has/have been uploaded. 3. Mail, courier, or hand deliver documents and plans in PDF format on a CD-ROM compact disc to: MnDOT – Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 4. Submit printed documents via U.S. Mail, courier, or hand delivery to the address above. Include one set of full-size plans. You are welcome to contact me at (651) 234-7795 with questions. Sincerely, David Elvin, AICP Senior Planner Copy via E-Mail: Buck Craig, Permits Lane Schowalter, Design Kaare Festvog, Traffic Nick Olson, Water Resources Alan Rindels, Water Resources Ben Klismith, Right of Way Almin Ramic, Traffic Molly Kline, Area Engineer Matthew Engstrom, Engineering John Tompkins, Freight Cameron Muhic, Multimodal Russell Owen, Metropolitan Council Michael Clements, Edina Realty Agenda Information Memo April 2, 2019, Eagan City Council Meeting New Business C. Planned Development Amendment – Gopher Resource (Recycle Zone) Action To Be Considered: To approve a Planned Development Amendment to modify the Site Plan for property located at 3365 Dodd Road., subject to the conditions listed in the APC minutes. Required Vote For Approval: At least three votes Facts: The Recycling Zone was constructed in 1997 and contains a 46,000 sf building. The proposed modifications include expansion of the entrance canopy, outdoor storage of bins for collection of materials, and construction of an entry check‐in station to streamline the drop‐off process. The proposed improvements were not encompassed in the Master Plan for this lot and the adjacent Gopher Resource lot adopted in 2011 and amended in 2015, which identifies future buildings, site improvements, and shared features including stormwater ponding, green space, and proof of parking. A net loss to parking and green space is proposed; increased proof of parking compensates for the loss of stalls. Infiltration basins will be reconstructed to manage and treat stormwater runoff in the drop‐off area at the front of the building. The proposed outdoor bin storage area satisfies typical zoning standards in the ordinance. The Advisory Planning Commission held a public hearing on the proposal at their March 26, 2019 meeting, and did recommend approval. Issues: None 60‐Day Agency Action Deadline: May 4, 2019 Attachments: (4) NBC‐1 Location Map NBC‐2 Draft March 26, 2019, APC Meeting Minutes NBC‐3 Planning Report NBC‐4 Report Exhibits 77TH TRAILS END RDWESCOTTSQUARE GREATOAKSPLROLLINGHILLS DR CIRCLE C.S.A.H. NO. 26 (LONE OAK RD.)MI K E C O LLIN S D R LOUIS LANERED OAK DRROLL LN.IVY L A N E HILLSIDE DR KUTOFFCTSALLY G REAT O AKSLN BECKER ROAD STATETRUNK HWY.NO.55 EL RENE ROADR O L L I N G HILLS P LCHAPEL L ANE ROLLINGHILLSD RRITA CT S T A T E T R U N K H WY . N O1 4 9 COURTHOUSE LN REDOAKDRR O L L I N G H I L L S C R MIKE COLLINS DRBORCHERTLN RANDOMRDWOODLAND COURT ROLLING HILLS DRELRENEROADROLLING HILLS CTJOYCE CTGREAT OAKS TRAIL WREN LNEL RENE ROADHOLIDAY LNW E S T APOLLO ROAD TRAILS END RD STREET BLACKOAKDRELRENEROADHILLSIDE CTS T A T E T R U N K H W Y. N O. 1 4 9HOLIDAY LNREDOAKDRBLACKOAKDRC O .R D .N O .28(Y A N K E E DOODLE RD.)IVY CTMIKECOLLINSDRSTATE TRUNK HWY. NO. 55 STATE TRUNK HWY. N O. 1 4 9 ROLLINGHILLSDRR E D OAKCT TRAIL CT CO. HWY. NO. 28 (YANKEE DOODLE RD.) CHAPEL LANE Bur Oaks Park ThresherFieldsPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Recycle ZoneRequest: Planned Develo pment AmendmentCase No.: 12-PA-01-02-19 Subject Site Advisory Planning Commission March 26, 2019 Page 9 of 11 C. Gopher Resources Applicant Name: Daniel Leach, Gopher Resources Location: 3365 Dodd Rd / Hwy 149; Lot 2, Block 1, Gopher Eagan Industrial Park 8th Addition Application: Planned Development Amendment A Planned Development Amendment to allow expansion to the building, canopy and concrete pad for bins. File Number: 12-PA-01-02-19 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 19, 2019. Todd Heuer, Gopher Resources, summarized the proposed improvements and was available for questions. Member Whisnant asked about the check-in station. Mr. Heuer explained customers will be able to check-in without parking or leaving their vehicle. Vice Chair Sagstetter opened the public hearing. There being no public comment, he closed the public hearing and turned the discussion back to the Commission. Member Weimert stated as a frequent user of the site, he was very supportive. Member Weimert moved, Member Whisnant seconded a motion to recommend approval of a Planned Development Amendment to modify the Site Plan for property located at 3365 Dodd Road, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan 2. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved Site Plan. 3. This Agreement is intended to supplement and amend the prior Planned Development Agreements. The prior PD Agreements shall remain in full force and effect. Advisory Planning Commission March 26, 2019 Page 10 of 11 4. A revised Landscape and Mitigation Plan shall be provided that accurately reflects the trees already installed, and the future landscaping to be done at the time of future expansion. 5. The applicant shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control of the site’s proposed impervious surface area (or full stormwater reuse and/or equivalent water quality treatment through filtration). 6. The applicant shall provide assurances that appropriate pollution source-control measures are being implemented, operated and maintained to provide effective and continuous source-control of potential pollutants involved with the operations of the recycling facility (e.g. covered, hinged-lid dumpsters, parking lot cleaning, etc.). These assurances shall be documented in an Operations & Maintenance Plan. 7. The applicant shall provide assurances that the parking lot stormwater filtration basin will be effectively renovated, restored, operated and maintained to ensure removal and filtration of stormwater pollutants prior to discharge into the Stormwater Reuse Basin. These assurances shall be documented in an Operations & Maintenance Plan. 8. The applicant shall provide assurances that the Stormwater Reuse Basin is properly operated and maintained to ensure that this Stormwater Reuse Basin operates as intended and does not discharge into North Lake. These assurances shall be documented in an Operations & Maintenance Plan. 9. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans and stormwater infrastructure elevations and locations in digital format, that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities conform to design and/or construction plans, as approved by the City. All voted in favor. Motion carried 4-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 2019 CASE: 12‐PA‐01‐02‐19 APPLICANT: Gopher Resource HEARING DATE: March 26, 2019 PROPERTY OWNER: Gopher Resource APPLICATION DATE: March 6, 2019 REQUEST: Planned Development Amendment PREPARED BY: Pam Dudziak, Planner LOCATION: 3365 Dodd Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to modify the site plan for improved circulation and outdoor storage of bins for materials collection upon property located at 3365 Dodd Road, legally described as Lot 2, Block 1, Gopher Eagan Industrial Park 8th Addition. 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. BACKGROUND/HISTORY The site is part of the 428‐acre Gopher‐Eagan Planned Development, initially established in 1977. The Recycling Zone facility was constructed in 1997 and a Final Planned Development Agreement was executed at that time. In 2011 and again in 2015, Gopher Resource amended the Planned Development for both the Recycling Zone and the Gopher Resource site to Planning Report – Recycle Zone March 26, 2019 Page 2 establish a Master Plan for future improvements to both lots. The adopted Master Plan identifies future building expansion areas north and west of the building. Shared features between the two sites include stormwater ponding, green space, and proof of parking. The current PD Amendment for improved site circulation and outdoor bins for materials collection were not encompassed in the Master Plan. EXISTING CONDITIONS The site is developed with an approximately 46,000 SF building and areas of outdoor trailer storage. Access to the site is from Hwy. 149 (Dodd Road). Railroad tracks (Chicago, Milwaukee, St. Paul, Pacific Railway) extend along the east side of the property. Visibility into the site from the public right‐of‐way and adjacent property is limited due to topography, existing vegetation and orientation of the buildings. The site generally slopes from east to west, toward the existing pond, with elevations ranging from 902 to 882. The building is currently connected to city water and sewer. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Park P, Park P, Parks, Open Space and Recreation East Railroad, Office/ warehouse I‐1, Limited Industrial IND, Limited Industrial South Gopher Resource PD, Planned Development IND, Limited Industrial West Park P, Park P, Parks, Open Space and Recreation EVALUATION OF REQUEST Description of Proposal – The applicant is proposing some site modifications for more efficient drop‐off circulation and collection of recyclable materials. The proposed amendment includes expansion of the entrance canopy, installation of a concrete pad for outdoor storage of bins for collection of materials, and construction of an entry check‐in station to streamline the drop‐off process. In addition, the proposed amendment seeks to formalize some incremental changes that have been made to the property over time including the installation of small rain gardens at the front entrance area for stormwater collection and use of a parking area to house large roll‐off bins for collection of recyclable materials. Planning Report – Recycle Zone March 26, 2019 Page 3 Bulk Standards – The proposed canopy expansion and check‐in station shelter building satisfy setbacks and building coverage. Building coverage increases slightly, and there is a net increase in impervious surface. The canopy extension removes 15 parking stalls; corresponding proof of parking is shown west of the building. Building Elevations/Architecture – The canopy is proposed to be extended another 15’ out from the building, and the canopy is 40’ wide. The proposed check in station building is 10’ x 12’ and 10’ high. It is proposed to be constructed of pre‐finished metal wall panels with a standing seam metal roof. At 10’ x 12’, the check‐in station does not require a Building Permit, and is not subject to typical building materials standards. However, the color of the check‐in station should match the principal building and the metal roof should match the color/materials utilized for the canopy. Building Address Numbers – Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Landscaping/Tree Preservation – As part of the project, landscaping in the areas of construction will be restored. This includes the parking island plantings, and a landscaped filtration basin that was installed in 2010. One significant tree will be removed for construction of the canopy and check‐in station. One new tree will be planted in one of the parking islands. Aside from the proposed improvements at the entry area, the Landscape and Tree Mitigation Plans are a carry‐over from the 2015 Master Plan, showing 26 landscape trees north of the building, and 68 mitigation trees west of the pond. Some of the 26 landscape trees have been installed, leaving 20 trees to be installed at the time of the future building expansion. All 68 mitigation trees were installed in 2018, and were relocated to the area north of the pond, bordering on the Thresher Fields park. A revised Landscape and Mitigation Plan should be provided that accurately reflects the trees already installed, and the future landscaping to be done at the time of future expansion. Outdoor Storage ‐ City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically Planning Report – Recycle Zone March 26, 2019 Page 4 compatible with the principal building. In limited industrial (I‐1) and general industrial (I‐2) zoning districts, the enclosure may be detached from the principal building. The property is fenced around most of the perimeter except for the driveway entrance. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed bin storage is located within the front area for efficient drop‐off of recyclable materials. The location of the bins is behind the front building setback line. c. The outdoor storage area shall be screened from view from the public right‐of‐ way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. There are no residential properties adjacent to the site. The collection bins are screened from the public right‐of‐way and adjacent park property. d. The storage area shall not interfere with any pedestrian or vehicular movement. The bins are protected by curbs and do not interfere with pedestrian or vehicle movement. e. The storage area shall not take up required parking spaces or landscaping areas. The bins are located in a space that was previously identified for parking, but was not used as such. The loss of those stalls is reflected in corresponding increase in the proof of parking area at the west end of the building. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The existing bituminous in the bin storage area is proposed to be resurfaced with concrete. Grading/Topography – The site was graded, and parking lot and building constructed, with initial development. The only site work with this proposal is the installation of a concrete pad in an existing asphalt area. This work will be reviewed with the Building Permit for the canopy expansion. Future building and parking lot expansions will require additional grading and erosion control measures that would be reviewed and permitted with either a Building Permit or a grading permit to ensure them meet current requirements and regulations. Wetlands ‐ Because there are no wetlands on the parcel, City Code §11.67, wetland protection and management regulations, does not apply. Planning Report – Recycle Zone March 26, 2019 Page 5 Stormwater Management/Water Quality – The applicant proposes to add outdoor storage of collection dumpsters for recyclable materials and to make modifications to the site entrance area and drop‐off area, including modifications of the landscape island that contains a stormwater filtration basin on Lot 2 Block 1 of Gopher Eagan Industrial Park 8th Addition. This development will need to comply with the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including providing adequate pollution prevention measures due to the land use. The applicant proposes to meet City water quality/stormwater requirements through the renovation/restoration of pollutant removal capabilities of the existing filtration basin at the Recycle Zone site, which pre‐treats stormwater prior to discharge into the Stormwater Reuse Basin. This Stormwater Reuse Basin captures stormwater runoff from throughout Lot 2 (and Lot 1) and allows for stormwater reuse within the Gopher Resources plant. If stormwater reuse capacity were exceeded, the Stormwater Reuse Basin would overflow into North Lake (EP‐2). Eagan Water Resources has reviewed the applicant’s plans and stormwater management narrative and finds the proposed plans to meet City Code §4.34 Post‐Construction Stormwater Management Requirements are acceptable with conditions to ensure appropriate pollution control measures (e.g. covered/hinged‐lid dumpsters for recyclable material outdoor storage, parking lot cleaning, etc.) are provided on Lot 2/Recycle Zone operations, appropriate renovation, restoration, operation and maintenance of the existing parking lot filtration basin, and ensure proper operation and maintenance of the Stormwater Reuse Basin so no surface discharge occurs into North Lake. Storm Drainage – This proposal will utilize the existing storm drainage and filtration system on the site. No modifications to the storm sewer are currently proposed, however, future building or parking lot expansions may require additional improvements. Utilities – Existing sanitary sewer and water service lines of sufficient size, depth, and capacity currently serve the building on the site. Lateral utility pipes or services may need to be extended with the construction of future buildings. A Hydrant Coverage Plan was submitted to show how fire protection would be provided for the ultimate build out. The city’s fire hydrant location standard for commercial development provides for a hydrant to be located within 250 feet of the furthermost portion of a building, when measured around the perimeter of a building. The site plan for future building expansions shows a 250‐foot hydrant “radius”, so their future hydrant coverage does not meet city standards. Any future expansions would require hydrant spacing and locations in accordance with City Fire Department and Public Works standards, and those requirements would be reviewed with a future building permit. Streets/Access/Circulation – No public street access modifications are included with this proposal. Internal site circulation will be modified and regulated with the addition of a check‐in station at the entrance. Financial Obligation – At this time, there are no new pending assessments on the parcels. Planning Report – Recycle Zone March 26, 2019 Page 6 Parks and Recreation ‐ Park dedication for the subject site was previously satisfied through a land dedication (Wescott Station Park). SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to modify the Site Plan for the Recycling Zone to improve site circulation and efficiency of materials drop‐off. The proposed improvements were not encompassed in the 2015 Master Plan. The proposed outdoor storage area satisfies typical zoning standards in the ordinance. The proposed canopy expansion matches the existing building’s entrance canopy. The proposed 10’ x 20’ check‐in station should be of a color to match the principal building and the roof should match the canopy material/color. A net loss to parking and green space is proposed; increased proof of parking is provided to compensate for the loss of stalls. Infiltration basins will be reconstructed to manage and treat stormwater runoff in the drop‐off area at the front of the building. Landscaping and tree mitigation required on prior plans has been implemented. The current proposed improvements will impact one tree, and one new tree will be installed, and the islands and rain gardens will be replanted as well. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to modify the Site Plan for property located at 3365 Dodd Road. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder’s office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan 2. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved Site Plan. 3. This Agreement is intended to supplement and amend the prior Planned Development Agreements. The prior PD Agreements shall remain in full force and effect. Planning Report – Recycle Zone March 26, 2019 Page 7 4. A revised Landscape and Mitigation Plan shall be provided that accurately reflects the trees already installed, and the future landscaping to be done at the time of future expansion. 5. The applicant shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control of the site’s proposed impervious surface area (or full stormwater reuse and/or equivalent water quality treatment through filtration). 6. The applicant shall provide assurances that appropriate pollution source‐control measures are being implemented, operated and maintained to provide effective and continuous source‐control of potential pollutants involved with the operations of the recycling facility (e.g. covered, hinged‐lid dumpsters, parking lot cleaning, etc.). These assurances shall be documented in an Operations & Maintenance Plan. 7. The applicant shall provide assurances that the parking lot stormwater filtration basin will be effectively renovated, restored, operated and maintained to ensure removal and filtration of stormwater pollutants prior to discharge into the Stormwater Reuse Basin. These assurances shall be documented in an Operations & Maintenance Plan. 8. The applicant shall provide assurances that the Stormwater Reuse Basin is properly operated and maintained to ensure that this Stormwater Reuse Basin operates as intended and does not discharge into North Lake. These assurances shall be documented in an Operations & Maintenance Plan. 9. Before the city returns any Stormwater‐related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as‐built plans and stormwater infrastructure elevations and locations in digital format, that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities conform to design and/or construction plans, as approved by the City. 77TH TRAILS END RDWESCOTTSQUARE GREATOAKSPLROLLINGHILLS DR CIRCLE C.S.A.H. NO. 26 (LONE OAK RD.)MI K E C O LLIN S D R LOUIS LANERED OAK DRROLL LN.IVY L A N E HILLSIDE DR KUTOFFCTSALLY G REAT O AKSLN BECKER ROAD STATETRUNK HWY.NO.55 ELRENE ROAD R O L L I N G HILLS P LCHAPEL LANE ROLLINGHILLSD RRITA CT S T A T E T R U N K H WY . N O1 4 9 COURTHOUS E L N REDOAKDRROLLING HILLS CR MIKE COLLINS DRBORCHERTLN RANDOMRDWOODLAND C O U R T ROLLING HILLS DRELRENEROADROLLING HILLS CTJOYCE CTGREAT OAKS TRAIL WREN LNELRENE ROADHOLIDAY LNW E S T APOLLO ROAD TRAILS END RD STREET BLACKOAKDRELRENEROADHILLSIDE CTS T A T E T R U N K H W Y . N O . 1 4 9HOLIDAY LNREDOAKDRBLACKOAKDRC O .R D .N O .28(Y A N K E E DOODLE RD.)IVY CTMIKECOLLINSDRSTATE T R U N K H W Y . N O . 5 5 STATE TRUNK HWY. NO . 1 4 9 ROLLINGHILLSDRR E D OAKCT TRAIL CT CO. H W Y . N O . 2 8 ( Y A N K E E D O O D L E R D . ) CHAPEL LANE Bur Oaks Park ThresherFieldsPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Recycle ZoneRequest: Planned Development AmendmentCase No.: 12-PA-01-02-19 Subject Site HWY 1 4 9 HWY 149Hills id e Driv e Rolling Hills Drive Kutoff Court150 075 Feet ´This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Fall-2017 Project: Recycle Zone - 3365 Dodd Rd.Request: Planned D evelopment A mendmentCase N o.: 12-PA-01-02-19 EXISTING BUILDINGPLASTICS/RECYCLINGC1-1Sheet No.:Project No.:jSheet Title:Quality Control:QyChecked By:Project Lead:Drawn By:Review Date:Professional Signature:gSubmittal:by the Consultant. With the Consultant's approval, othersConsultant from any & all responsibilities, claims, and liabilities.deletions and that party shall hold harmless and indemnify theat the full risk of that party making such revisions, additions orrevisions, additions, or deletions to these CADD files shall be madefiles for information and reference only. All intentional or unintentionalmay be permitted to obtain copies of the CADD drawingor for completion of this project by others without written approvalshall not be used on other projects, for additions to this project,for use solely with respect to this project. These CADD filesare instruments of the Consultant professional servicesCADD files prepared by the Consultant for this projectCADD Qualification:QProfessional Services:Project Name:jOwner/Developer:pW:\1999\99139AF\CADD DATA\CIVIL\_dwg Sheet FilesPlotted:03 /04 / 2019 9:52 AMSheet Index:By:Tom GregoryNicholas M. Mannel - PEof the State of Minnesota.I hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under the laws45861License No. Date03-04-19C99139AF-C1-1.DWG/22x34y teMaMaondePE.ePLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTAL7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comOUCKSL EXISTING GENERATORSFUTUREWAREHOUSE EXPANSION80,000 S.F. ±FUTURE EXPANSIONFUTURE EXPANSIONSCALE HOUSETRAILERSTORAGEEXISTING STORMPONDTRAILER STORAGEEXISTING BUILDING - DEXISTING BUILDINGPLASTICS / RECYCLINGFUTURERMPC EXPANSION10.0R45.0R5.0R30.033.2TRAILER STORAGE140.8170.935.0R30.0R30.0R250.0FUTURE BACKUPGENERATORSEXTENDEDCANOPYCHECK-IN STATIONCONCRETE PADMATCHEX. CURBGATEC2-1Gopher State One CallSheet No.:Project No.:Sheet Title:Quality Control:Checked By:Project Lead: Drawn By:Review Date:Professional Signature:Submittal:by the Consultant. With the Consultant's approval, othersConsultant from any & all responsibilities, claims, and liabilities.deletions and that party shall hold harmless and indemnify theat the full risk of that party making such revisions, additions orrevisions, additions, or deletions to these CADD files shall be madefiles for information and reference only. All intentional or unintentionalmay be permitted to obtain copies of the CADD drawingor for completion of this project by others without written approvalshall not be used on other projects, for additions to this project,for use solely with respect to this project. These CADD filesare instruments of the Consultant professional servicesCADD files prepared by the Consultant for this projectCADD Qualification:Professional Services:Project Name:Owner/Developer:W:\1999\99139AF\CADD DATA\CIVIL\_dwg Sheet FilesPlotted: 03 /05 / 2019 3:41 PMSheet Index:By: Tom GregoryNicholas M. Mannel - PEof the State of Minnesota.I hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under the laws45861License No. Date03-04-19C99139AF-C2-1.DWG/22x34PLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTAL7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comOUCKSL A11A12A13A15A16A17A18CANAPY EXPANSIONCHECK-IN STATIONT.O. FLOOR100'-0"EXISTING BUILDINGNEW CANOPYEXTENSIONT.O. FLOOR100'-0"NEW CONSTRUCTIONEXISTINGEXISTING BUILDINGNEW CANOPYEXTENSIONEXISTING CANOPYT.O. FLOOR100'-0"NEW CONSTRUCTIONEXISITNGEXISTING BUILDINGNEW CANOPYEXTENSIONEXISTING CANOPYSTANDING SEAMMETAL ROOF1' - 0"8' - 0"1' - 0"PRE-FINISHEDMETAL WALL PANEL10' - 0"9" CONC BOLLARDSTANDING SEAMMETAL ROOFPRE-FINISHEDMETAL WALL PANEL9" CONC BOLLARD1' - 0"8' - 0"1' - 0"10' - 0"1' - 0"8' - 0"1' - 0"STANDING SEAMMETAL ROOFPRE-FINISHEDMETAL WALL PANELDRIVE THROUGHWINDOW9" CONC BOLLARD10' - 0"STANDING SEAMMETAL ROOFPRE-FINISHEDMETAL WALL PANELHM DOOR WITHSIDELIGHT9" CONC BOLLARD1' - 0"8' - 0"1' - 0"10' - 0"DATE:REG. NO.:CHECKED BY:DATE:DRAWN BY:PROJECT:REVISIONS:6115 CAHILL AVE, INVER GROVE HEIGHTS, MN 55076P. 651.451.4605KOMAINC.COMTHE DESIGNS AND PLANS INDICATED ON THIS DRAWING ARETHE PROPERTY OF KRECH, O'BRIEN, MUELLER & ASSOCIATES,INC. ALL RIGHTS ARE RESERVED. NO DESIGNS OR PLANSSHALL BE USED OR REPRODUCED IN ANY FORM OR BY ANYMEANS WITHOUT THE WRITTEN PERMISSION OF KRECH,O'BRIEN, MUELLER & ASSOCIATES, INC.RECYCLING ZONE CANOPY AND CHECK-IN STATIONCKLSTI181663365 Dodd Rd,Eagan, MN 55121PD AMENDMENT PACKAGEA12/20/20191/16" = 1'-0"4SITE PLAN1/8" = 1'-0"1EAST EXTERIOR ELEVATION CANOPY1/8" = 1'-0"2NORTH EXTERIOR ELEVATION CANOPY1/8" = 1'-0"3SOUTH EXTERIOR ELEVATION CANOPY1/4" = 1'-0"5ELEVATION CHECK-IN STATION (WEST)1/4" = 1'-0"6ELEVATION CHECK-IN STATION (SOUTH)1/4" = 1'-0"7ELEVATION CHECK-IN STATION (EAST)1/4" = 1'-0"8ELEVATION CHECK-IN STATION (NORTH)RECYCLING ZONE CANOPY AND CHECK-IN STATIONEAGAN, MNNORTH 17744148444443187356638213627EXISTING STORMPONDSCALE HOUSEEXISTING BUILDING - DPLASTICS/RECYCLINGEXPANSIONWAREHOUSE EXPANSIONEXISTING BUILDINGPLASTICS/RECYCLINGFUTURE CANOPYEXPANSIONFUTURE CHECK-INSTATIONGopher State One CallSheet No.:Project No.:Sheet Title:Quality Control:Checked By:Project Lead: Drawn By:Review Date:Professional Signature:Submittal:by the Consultant. With the Consultant's approval, othersConsultant from any & all responsibilities, claims, and liabilities.deletions and that party shall hold harmless and indemnify theat the full risk of that party making such revisions, additions orrevisions, additions, or deletions to these CADD files shall be madefiles for information and reference only. All intentional or unintentionalmay be permitted to obtain copies of the CADD drawingor for completion of this project by others without written approvalshall not be used on other projects, for additions to this project,for use solely with respect to this project. These CADD filesare instruments of the Consultant professional servicesCADD files prepared by the Consultant for this projectCADD Qualification:Professional Services:Project Name:Owner/Developer:W:\1999\99139AF\CADD DATA\CIVIL\_dwg Sheet FilesPlotted: 03 /05 / 2019 3:45 PMSheet Index:By: Tom GregoryNicholas M. Mannel - PEof the State of Minnesota.I hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under the laws45861License No. Date03-04-19C99139AF-C2-2.DWG/22x34PLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTAL7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comOUCKSLC2-2 FUTUREPLASTICS/RECYCLINGEXPANSIONFUTUREWAREHOUSE EXPANSIONEXISTING BUILDING - DEXISTING BUILDINGPLASTICS / RECYCLINGREMOVE TOP 24" OF EXISTING FILTERMEDIA. REPLACE WITH 18" OF FILTERMEDIA TO ACCOMMODATE RAINGUARDIAN TURRET. GRADE AS SHOWNIN ORIGINAL CONSTRUCTION PLANS.Gopher State One CallSheet No.:Project No.:Sheet Title:Quality Control:Checked By:Project Lead: Drawn By:Review Date:Professional Signature:Submittal:by the Consultant. With the Consultant's approval, othersConsultant from any & all responsibilities, claims, and liabilities.deletions and that party shall hold harmless and indemnify theat the full risk of that party making such revisions, additions orrevisions, additions, or deletions to these CADD files shall be madefiles for information and reference only. All intentional or unintentionalmay be permitted to obtain copies of the CADD drawingor for completion of this project by others without written approvalshall not be used on other projects, for additions to this project,for use solely with respect to this project. These CADD filesare instruments of the Consultant professional servicesCADD files prepared by the Consultant for this projectCADD Qualification:Professional Services:Project Name:Owner/Developer:W:\1999\99139AF\CADD DATA\CIVIL\_dwg Sheet FilesPlotted: 03 /06 / 2019 2:35 PMSheet Index:By: Tom GregoryNicholas M. Mannel - PEof the State of Minnesota.I hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under the laws45861License No. Date03-04-19C99139AF-C3-1.DWG/22x34PLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTAL7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comOUCKSLC3-1 FUTUREPLASTICS/RECYCLINGEXPANSIONFUTUREWAREHOUSE EXPANSIONEXISTING BUILDINGPLASTICS / RECYCLINGSILT FENCE (TYP.)INLET PROTECTION (TYP.)INLET PROTECTION (TYP.)Gopher State One CallSheet No.:Project No.:jSheet Title:Quality Control:QyChecked By:Project Lead:Drawn By:Review Date:Professional Signature:gSubmittal:by the Consultant. With the Consultant's approval, othersConsultant from any & all responsibilities, claims, and liabilities.deletions and that party shall hold harmless and indemnify theat the full risk of that party making such revisions, additions orrevisions, additions, or deletions to these CADD files shall be madefiles for information and reference only. All intentional or unintentionalmay be permitted to obtain copies of the CADD drawingor for completion of this project by others without written approvalshall not be used on other projects, for additions to this project,for use solely with respect to this project. These CADD filesare instruments of the Consultant professional servicesCADD files prepared by the Consultant for this projectCADD Qualification:QProfessional Services:Project Name:jOwner/Developer:pW:\1999\99139AF\CADD DATA\CIVIL\_dwg Sheet FilesPlotted:03 /05 / 2019 3:54 PMSheet Index:By: Tom GregoryNicholas M. Mannel - PEof the State of Minnesota.I hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under the laws45861License No. Date03-04-19C99139AF-C3-2.DWG/22x34y teMaMaondePE.ePLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTAL7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comOUCKSLC3-2 CBMH #1RIM=896.28INV=891.71112LF RCP @ 1.0%FUTUREPLASTICS/RECYCLINGEXPANSIONEXISTING BUILDINGPLASTICS / RECYCLINGREMOVE EXISTING CURB AND INSTALLRAIN GUARDIAN TURRET. SEE CITYSTANDARD PLAN 236 ON SHEET C8-1.RGopher State One CallSheet No.:Project No.:jSheet Title:Quality Control:QyChecked By:Project Lead:Drawn By:Review Date:Professional Signature:gSubmittal:by the Consultant. With the Consultant's approval, othersConsultant from any & all responsibilities, claims, and liabilities.deletions and that party shall hold harmless and indemnify theat the full risk of that party making such revisions, additions orrevisions, additions, or deletions to these CADD files shall be madefiles for information and reference only. All intentional or unintentionalmay be permitted to obtain copies of the CADD drawingor for completion of this project by others without written approvalshall not be used on other projects, for additions to this project,for use solely with respect to this project. These CADD filesare instruments of the Consultant professional servicesCADD files prepared by the Consultant for this projectCADD Qualification:QProfessional Services:Project Name:jOwner/Developer:pW:\1999\99139AF\CADD DATA\CIVIL\_dwg Sheet FilesPlotted:03 /06 / 2019 2:42 PMSheet Index:By:Tom GregoryNicholas M. Mannel - PEof the State of Minnesota.I hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under the laws45861License No. Date03-04-19C99139AF-C4-1.DWG/22x34y teMaMaondePE.ePLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTAL7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comOUCKSLC4-1 EXISTING BUILDING - DFUTURERMPC EXPANSIONFUTUREPLASTICS/RECYCLINGEXPANSIONFUTUREWAREHOUSE EXPANSIONEXISTING BUILDINGPLASTICS/RECYCLINGFILTRATION BASIN NOTES:-REMOVE ALLMULCH/DEBRIS/GROUNDCOVER-RESTORE BASIN PER CIVIL PLANS-PLANTINGS WITHIN BASIN TO BERESTORED TO ORIGINAL PLANTED STATEREMOVE WEEDS & INVASIVEPLANTS. RESTORE PLANTINGS TOORIGINAL STATE.PROTECT EXISTING BASIN DURINGCURB MODIFICATIONS. PLANTINGSWITHIN BASIN TO BE RESTORED TOORIGINAL PLANTED STATEGopher State One CallSheet No.:Project No.:Sheet Title:Quality Control:Checked By:Project Lead: Drawn By:Review Date:Professional Signature:by the Consultant. With the Consultant's approval, othersConsultant from any & all responsibilities, claims, and liabilities.deletions and that party shall hold harmless and indemnify theat the full risk of that party making such revisions, additions orrevisions, additions, or deletions to these CADD files shall be madefiles for information and reference only. All intentional or unintentionalmay be permitted to obtain copies of the CADD drawingor for completion of this project by others without written approvalshall not be used on other projects, for additions to this project,for use solely with respect to this project. These CADD filesare instruments of the Consultant professional servicesCADD files prepared by the Consultant for this projectCADD Qualification:Professional Services:Project Name:Owner/Developer:W:\1999\99139AF\CADD DATA\LANDSCAPE\_dwg Sheet FilesPlotted: 03 /06 / 2019 2:8 PMBy: Tom GregoryL1-1.DWG/L1-1Douglas D. Lokenof the State of Minnesota.I hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under the laws45591License No. Date03-04-19PLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTAL7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comOUCKSLL1-1HYDROSEED - MNDOT 25-131HYDROSEED - MNDOT 35-241APPLICATION RATE: 220 LBS/ACREAPPLICATION RATE: 40 LBS/ACRE MIN.GENERAL NOTES:CONTRACTOR SHALL VISIT SITE PRIOR TO SUBMITTING BID. HE SHALL INSPECT SITE AND BECOME FAMILIAR WITH EXISTINGCONDITIONS RELATING TO THE NATURE AND SCOPE OF WORK.CONTRACTOR TO VERIFY LAYOUT AND ANY DIMENSIONS SHOWN AND BRING TO THE ATTENTION OF THE LANDSCAPEARCHITECT ANY DISCREPANCIES WHICH MAY COMPROMISE THE DESIGN AND/OR INTENT OF THE PROJECT'S LAYOUT.CONTRACTOR TO ASSURE COMPLIANCE WITH ALL APPLICABLE CODES AND REGULATIONS GOVERNING THE WORK ORMATERIALS SUPPLIED.CONTRACTOR SHALL PROTECT ALL EXISTING ROADS, CURBS/GUTTERS, TRAILS, TREES, LAWNS AND SITE ELEMENTS DURINGPLANTING OPERATIONS. ANY DAMAGE TO SAME SHALL BE REPAIRED AT NO COST TO THE OWNER.CONTRACTOR SHALL VERIFY ALIGNMENT AND LOCATION OF ALL UNDERGROUND AND ABOVE GRADE UTILITIES AND PROVIDETHE NECESSARY PROTECTION FOR SAME BEFORE CONSTRUCTION / MATERIAL INSTALLATION BEGINS (MINIMUM 10' - 0"CLEARANCE).ALL UNDERGROUND UTILITIES SHALL BE LAID SO THAT TRENCHES DO NOT CUT THROUGH ROOT SYSTEMS OF ANY EXISTINGTREES TO REMAIN.THE ALIGNMENT AND GRADES OF THE PROPOSED WALKS, TRAILS AND/OR ROADWAYS ARE SUBJECT TO FIELD ADJUSTMENTREQUIRED TO CONFORM TO LOCALIZED TOPOGRAPHIC CONDITIONS AND TO MINIMIZE TREE REMOVAL, GRADING, AND ANYAPPLICABLE RULES FOR DESIGN COMPLIANCE. ANY CHANGE IN ALIGNMENT MUST BE APPROVED BY LANDSCAPE ARCHITECT.IRRIGATION PLAN TO BE PROVIDED BY CONTRACTOR FOR OWNER APPROVAL PRIOR TO INSTALLATION OF PROPOSED SEEDING,SOD, AND PLANTINGS. CONTRACTOR TO VERIFY LOCATION AND LIMITS OF EXISTING IRRIGATION SYSTEM (IF ONE EXISTS).CONTRACTOR TO REFER TO TREE MITIGATION PLAN FOR LOCATIONS OF ADDITIONAL PLANTINGS PROPOSED ON SITE.Picea densataBLACK HILLS SPRUCEDECIDUOUS SHADE TREES - 2.5" CAL. MIN.PLANT TYPE / POTENTIAL SPECIES LISTSCHEDULE FOR ADDITIONAL TREES:(13)BUR OAK(13)Quercus bicolorSYMBOLQTY.CONIFEROUS SHRUBS - #2 POTJuniperus chinensis 'Sea Green'TAUNTON SPREADING YEWCalamagrostis acutiflora 'Karl Foerster'PERENNIALS - 1 GAL CONT.BLACK EYED SUSANRudbeckia hirta 'Goldstrum'AUTUMN JOY SEDUMSedum x 'Autumn Joy'Hemerocallis sp.KARL FOERSTER REED GRASSDAYLILYSEA GREEN JUNIPERSAVIN JUNIPERTaxus x media 'Taunton'Juniperis sabinaALPINE CURRANTSPIREASpirea spp.Ribes alpinumDiervilla loniceraBUSH HONEYSUCKLEDECIDUOUS SHRUBS - #2 POTPLANT TYPE / POTENTIAL SPECIES LISTSYMBOL EXISTING BUILDING - DFUTURERMPC EXPANSIONFUTUREPLASTICS/RECYCLINGEXPANSIONFUTUREWAREHOUSE EXPANSIONEXISTING BUILDINGPLASTICS/RECYCLINGFILTRATION BASIN NOTES:-REMOVE ALLMULCH/DEBRIS/GROUNDCOVER-RESTORE BASIN PER CIVIL PLANS-PLANTINGS WITHIN BASIN TO BERESTORED TO ORIGINAL PLANTED STATEREMOVE WEEDS & INVASIVEPLANTS. RESTORE PLANTINGS TOORIGINAL STATE.PROTECT EXISTING BASIN DURINGCURB MODIFICATIONS. PLANTINGSWITHIN BASIN TO BE RESTORED TOORIGINAL PLANTED STATEGopher State One CallSheet No.:Project No.:Sheet Title:Quality Control:Checked By:Project Lead: Drawn By:Review Date:Professional Signature:by the Consultant. With the Consultant's approval, othersConsultant from any & all responsibilities, claims, and liabilities.deletions and that party shall hold harmless and indemnify theat the full risk of that party making such revisions, additions orrevisions, additions, or deletions to these CADD files shall be madefiles for information and reference only. All intentional or unintentionalmay be permitted to obtain copies of the CADD drawingor for completion of this project by others without written approvalshall not be used on other projects, for additions to this project,for use solely with respect to this project. These CADD filesare instruments of the Consultant professional servicesCADD files prepared by the Consultant for this projectCADD Qualification:Professional Services:Project Name:Owner/Developer:W:\1999\99139AF\CADD DATA\LANDSCAPE\_dwg Sheet FilesPlotted: 03 /06 / 2019 2:11 PMBy: Tom GregoryL1-1.DWG/L2-2Douglas D. Lokenof the State of Minnesota.I hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under the laws45591License No. Date03-04-19PLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTAL7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comOUCKSLL2-2SYMBOLPLANT TYPE / POTENTIAL SPECIES LISTMITIGATED TREES LANDSCAPE SCHEDULE:QTY.DECIDUOUS SHADE TREES - 2.5" CAL. MIN.CONIFEROUS TREES - 6' HT. MIN.(2)Picea densataBLACK HILLS SPRUCE(30)TREE MITIGATION NOTES:REFER TO THE TREE PRESERVATION PLAN (SHEET L2-1) FOR INFORMATION PERTAINING TO THE TREE TYPES AND LOCATIONS FOR TREESTO BE REMOVED AND TREES TO BE SAVED.PROPOSED TREES HAVE BEEN PLACED IN THE GENERAL LOCATIONS AND MAY BE ADJUSTED DUE TO CONSTRAINTS SUCH AS STEEPTOPOGRAPHY AND UNDERGROUND UTILITIES.(30)Pinus ponderosaPONDEROSA PINEIMPERIAL HONEYLOCUSTGleditsia triacanthos var. Inermis 'Impcole'COMMON HACKBERRYCeltis occidentalis(7) TO: City of Eagan FROM: Nicholas Mannel, PE, LEED AP DATE: February 20, 2019 REVISED March 6, 2019 RE: Planned Development Amendment, Application Written Narrative – Gopher Resource Corporation PROJECT NARRATIVE Project Background Gopher Resource Corporation is applying for a Planned Development Amendment (PD) to their parcel that houses Gopher Resource’s plastic recycling function and The Recycling Zone at 3365 Dodd Road. The parcel is platted as Lot 2 Block 1 of Gopher Eagan Industrial Park 8th Addition. The proposed PD accommodates a canopy addition onto the existing Recycling Zone canopy, outdoor storage of bins to accept recycling materials, and the placement of a check‐in booth near the entrance drive to the facility. The Recycling Zone serves as the County center for residents to properly dispose and recycle items that may be harmful to health or the environment. Some features on this parcel share use with the Gopher Resource facility on Lot 1 Block 1 of Gopher Eagan Industrial Park 8th Addition. The shared features include the stormwater pond located on Lot 2, which collects the stormwater from both parcels and treats it for reuse within the Gopher Resource plant as process water. Also shared is the distribution of the proof of parking to accommodate the code required parking stalls for both parcels as discussed later in the narrative. The PD Amendment approved in 2015 included building and parking expansions. These expansions have not been constructed yet and are still proposed as future construction in this PD Amendment. Scope of Proposed Planned Development Amendment The proposed Planned Development Amendment includes expansion and construction of the following items. See Plan Sheet C2‐1 for a Site Plan highlighting these features. The Recycling Zone Canopy Extension and Check‐In Station Approximate 15’ extension of the front building canopy to provide cover over the unloading area. Concrete pad for placement of bins for storage of materials that are dropped off. Check‐in station at entry to check‐in drop off materials and make any necessary payments. Proof of Parking 2 Similar to the 2015 PD Amendment the applicant is requesting consideration of proof of parking. The proof of parking is shown to indicate the parking counts that can be provided on the site. The proposed Canopy Extension and Check‐In Station will eliminate 15 existing parking stalls. These stalls are not necessary for current operation activities. We have accommodated this removal by expanding the proof of parking area to the west of The Recycling Zone building. The expansion included 16 proof of parking stalls to replace the 15 eliminated stalls. Stormwater Management The proposed Canopy Extension will not affect the current runoff patterns of the existing site. The Extension roof water will be piped through a downspout to the adjacent landscaped island. The Check‐In Station will be constructed near the existing filtration basin. The Check‐In Station is proposed to be constructed such that it does not impact the existing filtration basin. The basin is proposed to be reconditioned by removal of the top 24” of filter media. That medial is proposed to be replaced with 18” of filter media to accommodate the installation of a Rain Guardian Turret per the City of Eagan Standard Plate 236. The Owner has notified the Recycling Zone that the storage bins will be required to have impervious coverings to prevent rainwater from entering the bin and washing out pollutants. The reconditioned filtration basin will be subject to the following Operations and Maintenance procedures: Inspection Activity Recommended Inspection Frequency Outcomes/Actions 1. Visual inspection for debris at inlets, low points, and outlets. Monthly or after 0.5” storms Notify maintenance staff to coordinate cleanup. 2. Visual inspection for erosion and undesirable vegetation around inlets and basin Monthly or after 0.5” storms Notify maintenance staff to coordinate corrective action. 3. Visual inspection for sediment accumulation in sump manholes and basin In spring and fall ‐ Approximately every 6 months Notify maintenance staff to clean sediment when depth exceeds vendor recommended depths or 6” 4. Inspect structural components of inlets and outlets for missing parts or damage In spring and fall ‐ Approximately every 6 months Notify maintenance staff to coordinate corrective action. 5. Inspect ground surface around inlets and outlet for signs of sinkholes or unusual depressions In spring and fall ‐ Approximately every 6 months Notify maintenance staff to coordinate corrective action. Landscaping The landscaping around the The Recycling Zone was renovated as part of a joint Owner‐County project in 2010. A filtration basin was added to treat stormwater and the parking island plantings were replaced. These plantings will be restored to that state as part of the Canopy Extension and Check‐In Station project. The filtration basin will be examined to determine if it is still functioning as intended. The Check‐ 3 In Station has been located to avoid impacting the basin function. The basin will be protected during construction. Keeping the property well screened with vegetation has been a priority during previous construction projects. Additional screening is proposed on the north property line of the site. Refer to the mitigation plan for additional landscape screening of the property. Tree Mitigation The tree preservation plan includes the calculations that were part of the 2012 and 2015 PD Amendments. The proposed Canopy Extension and Check‐In Station will remove 1 significant tree. The replacement calculation for that tree requires 1 replacement tree. The replacement tree is proposed to be placed in the parking island to the west of the island being impacted by the Canopy Extension project. The calculations for the overall site are included on the Tree Preservation Plan L2‐1. Outdoor Storage Storage bins for The Recycling Zone are proposed at the front of the building. The bins are proposed to be located here to allow for efficient drop‐off of materials. Currently some bins are located farther from the drop‐off area which slows the unloading process. During peak usage times the customers form significant lines waiting in their cars to drop off materials. The proposed canopy extension, check‐in station, and bin storage area will improve this condition. Surrounding Land Uses and Zoning within 660 feet The surrounding properties within 660 feet are zoned Planned Development, I‐1, or Park. The Park property is located to the northwest of the site. The I‐1 properties are located to the northeast of the site. The Planned Development properties are located to the west, east and south of the site. The surrounding uses of properties within 660 feet include composting and landscape materials sales, parkland, a tile and granite showroom, a printing service, office/warehouse space, a communications company, a wire manufacturing company, a motor sports company, unbuilt property, a water tower, and a publishing company. Impact on Surrounding Land Uses Gopher Resource has a long history of meeting and exceeding City requirements for landscaping and site screening. These proposed improvements will continue that pattern. Consistent with the existing site, proposed landscaping will be irrigated or watered to ensure that establishment and continued growth. Impact on Subject Property The Subject Property will benefit from improved safety and efficiency of operations. Additional operations, maintenance and warehouse building expansions will allow for company growth and expansion while meeting all environmental regulations. Impact on City Services (Sewer, Water, Storm Water Runoff, Roads) Gopher will work with city staff to address questions regarding runoff into the previously constructed Stormwater Reuse Basin on Lot 2. The basin captures stormwater runoff from throughout Lot 1 and Lot 2 and allows for reuse within the plant. The proposed improvements will benefit City Services. Traffic from waiting cars will be reduced with the efficiency improvements to The Recycling Zone. Storm water runoff discharged from the site will 4 continue to be treated to a higher standard that required by code due to the reuse of the water within the site. These completed improvements will support the expanded building additions proposed through this PUD amendment. Gopher Resource will work with Public Safety officials to revise their Emergency Response Plan to reflect the proposed improvements as they are constructed. The Emergency Response Plan will include such features as site addresses, building lettering, door numbering, emergency routes, site utilities, fire hydrant locations, stand pipe locations, etc. The buildings signage will be updated to comply with code requirements to clearly show addresses on building corners using high‐contrast signage and on‐site signage. Does Proposed Land Use Result in Better Use of Land? The proposed land use will remain consistent with the current land use. Public Benefit of Proposed Amendment The proposed Amendment provides a benefit to the Public by improving the safety small vehicles operating on the site, and the environmental treatment of storm water runoff, and air emissions and other environmental impacts.
