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07/02/2019 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 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 change order #11 for Project 18-06, Police Department and City Hall Renovation F. ADOPT a Resolution Authorizing a Special Deer Hunting Season on Private Property G. Approve Change Order #1 for Project 19-08, Trapp Farm Building Construction H. APPROVE Temporary On-Sale Liquor License and waive the license fee for the Eagan Foundation on August 9, 2019 at 1501 Central Parkway I. APPROVE Show License for the Minnesota Scottish Fair & Highland Games on July 19 and 20, 2019 at 1501 Central Parkway J. APPROVE Corrective Easement Document for the Trail, Drainage and Utility Easement - Document No. T659663 K. APPROVE Final Payment, Contract 17-20, Quarry Road Street & Utility Improvements/ Quarry Park Pickleball Courts L. APPROVE Water Meter Replacement Program Surcharge Appeals M. REQUEST 90-Day Extension for Review of Lower Minnesota River Watershed District Draft Rules N. APPROVE Final Plat and Easement Vacation – YMCA 3rd Addition O. APPROVE Final Subdivision – Manley Gun Club P. APPROVE request to extend the Variance Approval for the property at 1305 Towerview Road Q. AUTHORIZE the application of a grant from the Metropolitan Regional Arts Council in the amount of $10,000 for Arts Project Support R. AUTHORIZE the application of Minnesota State Arts Board Community Arts Education Support Grant V. PUBLIC HEARINGS A. VARIANCE – Gregory’s Foods - A Variance to the required 20' parking setback from public right- of-way located at 1301 Trapp Road VI. OLD BUSINESS VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT – Club Pilates - A Planned Development amendment to allow a fitness studio located at 3450 Pilot Knob Road B. INTERIM USE PERMIT - River Valley Church – An Interim use to allow a church in a Business Park zoning district located at 875 Blue Gentian Road 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: June 28, 2019 Subject: Agenda Information for July 2, 2019 City Council Meeting ADOPT AGENDA After approval is given to the July 2, 2019 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 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 June 18, 2019 regular City Council meeting, as presented or modified. Attachments: (1) CA-1 June 18, 2019 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 18, 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, June 18, 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, Assistant City Administrator Miller, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Communications and Engagement Director Ellickson, Finance Director Pepper, Parks and Recreation Director Pimental, Police Chief New, Fire Chief Scott, City Attorney Dougherty and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of June 4, 2019 regular City Council meeting and June 11, 2019 Special City Council meeting, as presented or modified. B. Personnel Items: 1. It was recommended to approve reclassification of Brian Leyendecker, Stormwater Technician, from Level 4 to Level 7. 2. It was recommended to approve the job description for a Public Works Asset Manager and authorize recruitment for this position. 3. It was recommended to approve a lateral transfer for Abigail Decker, Clerical Tech Level 5 in the Utilities Division to a Clerical Tech Level 5 under Central Services, located at the Maintenance Facility. 4. It was recommended to approve the hiring of a new Forestry Supervisor, to be named. C. It was recommended to ratify the check registers dated May 31 and June 7, 2019. D. It was recommended to approve the ordinary and customary contract with Spartan Promotional Group, Inc. E. It was recommended to approve a temporary on-sale liquor license and waive the license fee for St. John Neumann Catholic Church on August 3 and 4, 2019 at 4030 Pilot Knob Road. F. It was recommended to approve Change Order 01 for Project 19-16, Nature Trail Improvements, with Blackstone Contractors, LLC, and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes June 18, 2019 2 page G. It was recommended to receive a petition to vacate a portion of the drainage easement in the southeast corner of Lot 2, Block 1, Eagan Senior Living and schedule a public hearing to be held on July 16, 2019. H. It was recommended to approve revisions to the Winter Trail Maintenance Plan. I. It was recommended to approve the final payment for Contract 18-22 (Ashbury Sanitary Lift Station – Sanitary Sewer Improvements) in the amount of $28,506.32 to Minger Construction, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. J. It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt Pember Companies, Inc., enabling them to work earlier morning hours for the completion of the city-wide intersection, traffic signal, pedestrian and street lighting improvements. K. It was recommended to receive the bids for Contract 19-09 (2019 Trail & Parking Lot Improvements) and award a contract to Bituminous Roadways, Inc. for the base bid in the amount of $324,130.20 and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to declare Adopt-A-Street street signs to be surplus property. 2018 COMPREHENSIVE ANNUAL FINANCIAL REPORT Director of Finance Pepper introduced the item noting the Comprehensive Annual Financial Report (CAFR) for year-end December 31, 2018 has been completed and the audit by Redpath and Company has been performed. Dave Mol from Redpath gave a presentation summarizing the financial report and was available for questions. Councilmember Fields moved, Councilmember Bakken seconded the motion to receive and accept the 2018 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS There were no public hearings to be heard. OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Rezoning and Preliminary Subdivision (Schramm Meadows) – Brian Thorson City Administrator Osberg introduced the item noting there are two actions to be considered for the property located at 4370 Dodd Road; a rezoning from A, Agriculture, to R-1, Single-family and a preliminary subdivision to create 7 single-family lots with a variance to allow minimum lot width of 70’ for 3 lots upon approximately 5 acres. Community Development Director Hutmacher gave a staff report and provided a site map. City Council Meeting Minutes June 18, 2019 3 page Brian Thorson, NBD Properties LLC, was available for questions. Mayor Maguire opened the public comment. Tom Hetznecker, 683 Crimson Leaf Trail, stated his concern with the condition of the existing Schramm house, long grass, fluctuation of the water level in the wetland and the mature trees along his north property line. Karen Hetznecker, 683 Crimson Leaf Trail, stated her concern for the creation of 7 single-family lots versus 5 lots, and asked who owns the wetlands. Staff responded to their questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the rezoning, preliminary subdivision and variance. Councilmember Fields noted concern for the children walking to school and construction truck traffic flow. Mr. Thorson assured Councilmember Fields safety comes first and will provide flaggers if needed. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Rezoning from A, Agriculture, to R-1, Single-family, upon approximately 5 acres located at 4370 Dodd Road. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create 7 single-family lots with a variance to allow minimum lot width of 70’ for 3 lots upon approximately 5 acres located at 4370 Dodd Road, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: A1, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1, H1, L1 2. The property shall be platted. 3. The applicant shall ensure the survival of preserved trees via: a. Performance Guarantee payment of $2,725.00, and b. protection of the tree’s critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 4. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. City Council Meeting Minutes June 18, 2019 4 page Grading 5. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. A Phase 1 (during initial grading) Erosion Control Plan and a Phase 2 Erosion Control Plan shall be included in the Plan Set. 7. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 9. The existing driveway entrance onto Dodd Road shall be removed and restored in a manner acceptable to the City Engineer. Water Quality 10. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 11. This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control of effective retention of the site’s new impervious surface area (including effective soil remediation for all of the site’s disturbed soils that are to be revegetated). 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 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. 13. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of the proposed infiltration basins for City review/acceptance by the City Engineer and include in construction plans. Construction details shall include infiltration basin cross- section(s), construction sequencing/protection/restoration notes, sizing/volume tables to City Council Meeting Minutes June 18, 2019 5 page demonstrate compliance with minimum volume control retention including detailing drainage areas for basin, details for stable inlets/outlet/emergency overflow, unobstructed inspection/maintenance access areas to inlets/outlets, sub-soil ripping of 18-inch depth minimum x 18-inch maximum spacing, soil amendment criteria, planting details (including live planting at 18-inch on-center spacing with seeding of all basin bottoms, and seeding of side-slopes), permanent erosion-control details, etc., to ensure infiltration practices are properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.). Notes shall be provided that grading and utility contractor(s) shall provide 24- hours advance notice of any grading or utility work involving the proposed infiltration basin system, including installation of pre-treatment sump, inlet, outlet. 14. The applicant shall provide adequately sized pre-treatment (e.g. sump structure of 4-feet depth and 5-feet minimum diameter with floatable skimmer hood, etc.) at, or immediately upstream of, all stormwater management facility (e.g. infiltration basin) inlets to provide for effective capture and easily-accessible cleanout of fine-sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s). 15. The applicant shall provide a 15-foot wide unobstructed equipment access path (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street-edge to all surface stormwater facilities’ inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 16. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub-soils are suitable for a saturated condition infiltration rate of 1-inch per hour or greater (but less than 8.0- inch per hour), and provide 24-hours’ notice to the City of testing occurrence. If the sub-soil infiltration rates are less than 1-inch per hour (or greater than 8.0-inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, addition of iron-sand filter around under-drain, etc.) to ensure volume control requirements are fully met to the satisfaction of the City Engineer. Documentation shall be provided to the City within 48-hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practice. 17. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan narrative and City Council Meeting Minutes June 18, 2019 6 page prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.) 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. 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. On individual lots, if building site completion and need for Certificate of Occupancy is during the non-growing season, an individual Financial Security of $3,000 per lot shall be provided by the Builder to ensure successful completion of the approved Soil Management Strategy when soil conditions allow. 18. Before the City returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As- built volumes (for retention) shall be provided for the infiltration/bioretention basin. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. Utilities 19. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 20. All well and septic systems within the development shall be abandoned in accordance with City and County standards. 21. Any damage to the street, curb and gutter, trail, and boulevard shall be restored in a manner acceptable to the City Engineer. 22. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood, at the time of final subdivision approval. Easements/Right-of-Way 23. A right-of-way permit shall be obtained prior to any work within the right-of-way (watermain connection, storm sewer connection, and street entrance). 24. A conservation easement shall be dedicated over the wetland and the wetland buffer in a form acceptable to the City Attorney. 25. The applicant shall acquire temporary construction easements for any offsite work. 26. If any public drainage is directed into the wetland, the applicant shall acquire drainage and utility easements from the impacted properties in a form acceptable to the City Attorney. City Council Meeting Minutes June 18, 2019 7 page Parks & Recreation This development is subject to cash park and trail dedication for the net increase of six (6) residential lots, payable at the time of Final Subdivision at the rates then effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire announced the official opening of the pickleball courts at Quarry Park was this afternoon, with 8 new pickleball courts and bocce ball lanes, a newly renovated shelter building - Quarry Park is a fabulous amenity. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 5 Nay: 0 _______ Date ______ Mayor _______ City Clerk Agenda Information Memo July 2, 2019 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action to be Considered: Approve City Policy 3.14, Use of Cell Phones While Driving Under Specified Circumstances (MN “Hands Free” Law) Facts:  The State Legislature enacted a law that goes into effect on August 1, 2019 stating no person may operate a motor vehicle while using a phone or wireless communications device unless the device is solely in a voice-activated or hands-free mode.  The enclosed employee policy addresses the new law.  City vehicles will be equipped with the necessary technology (e.g. phone clips, Bluetooth auxiliary cords, etc.) to ensure the law is followed. Attachments: (1) CB-1 Proposed City Policy 3.14, Use of Cell Phones While Driving Under Specified Circumstances (MN “Hands Free” Law) INFORMATIVE:  Adam Schneible was hired as the Forestry Supervisor o This position was approved for hire on June 18, 2019  Jen Boelter was hired as the Accountant I – Utility Billing o This position was approved for hire on April 2, 2019 IT Policy (within City Handbook) (To replace “Texting While Driving” section as this new section covers both voice and text, and speaks to the same state statute) 3.14 Use of Cell Phones While Driving Under Specified Circumstances (MN “Hands Free” Law) In accordance with Minnesota State Statute 191.011, subdivision 94, no person may operate a motor vehicle while using a phone or wireless communications device unless the device is solely in a voice-activated or hands-free mode. Reading/sending text messages, making or receiving phone calls, emailing, video calling, scrolling/typing, accessing a webpage, or using non-navigation applications while driving is strictly prohibited. If an employee does not have the ability to use voice-activated or hands-free modes, then the employee is expected to park the vehicle safely before using a phone or any wireless communication device. Hands-free equipment will be provided in City vehicles to facilitate the provisions of this policy. In accordance with State law, there is an exception to hands-free cell phone operations to obtain emergency assistance to report a traffic accident, medical emergency or serious traffic hazard, or prevent a crime from being committed. There is also a State law exception for authorized emergency vehicles while in the performance of official duties. Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for all liabilities that result from such actions. Employees shall also notify their immediate supervisor if stopped or charged by law enforcement for violating this policy in a City vehicle. Failure to do so may result in discipline. Agenda Information Memo July 2, 2019 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated June 14 and 21, 2019, as presented. Attachments: (2) CC-1 Check register dated June 14, 2019 CC-2 Check register dated June 21, 2019 6/12/2019City of Eagan 16:39:32R55CKR2 LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206258 6/14/2019 139117 ABM ONSITE SERVICES-MIDWEST INC. 3,128.33 CUSTODIAL-JUN 2019 297778 13919926 3316.65376/11/2019 Janitorial Service Police 3,485.18 CUSTODIAL-JUN 2019 297778 13919926 3315.65376/11/2019 Janitorial Service City Hall 1,485.23 CUSTODIAL-JUN 2019 297778 13919926 3313.65376/11/2019 Janitorial Service Fire Buildings 1,569.63 CUSTODIAL-JUN 2019 297778 13919926 3314.65376/11/2019 Janitorial Service Central Maintenance 930.42 CUSTODIAL-JUN 2019 297778 13919926 6101.65376/11/2019 Janitorial Service Water -Administration 10,598.79 206259 6/14/2019 101396 ALEX AIR APPARATUS, INC. 125.00 AIR TESTING - ST 4 298092 1538 1225.63236/12/2019 Testing Services Fire / EMS Equipment 125.00 AIR TESTING-ST 2 298093 1537 1225.63236/12/2019 Testing Services Fire / EMS Equipment 125.00 AIR TESTING - ST 1 298094 1536 1225.63236/12/2019 Testing Services Fire / EMS Equipment 375.00 206260 6/14/2019 151329 ALL FURNITURE 700.00 ALL FURNITURE,JUNE RENTAL FURN 297764 42786 5045.66606/11/2019 Office Furnishings & Equipment Temporary Office/Moving Expens 200.00 ALL FURNITURE JUNE TRAILER 297765 42787 5045.66606/11/2019 Office Furnishings & Equipment Temporary Office/Moving Expens 900.00 206261 6/14/2019 119218 ALLENS SERVICE INC. (R) 100.00 MAY 2019 STORAGE 297949 MAY2019 9695.65386/12/2019 Towing Charges Dakota Co Drug Task Force 100.00 206262 6/14/2019 154201 AMERICAN DOOR WORKS 474.06 GARAGE DOOR REPAIR 297766 0211875-IN 3313.65356/11/2019 Other Contractual Services Fire Buildings 696.00 GARAGE DOOR REPAIR 297767 0212193-IN 3313.65356/11/2019 Other Contractual Services Fire Buildings 1,170.06 206263 6/14/2019 144673 ARCADE ELECTRIC 60,000.00 INDOOR LED LIGHTING RETROFIT 297768 10857 6834.65356/11/2019 Other Contractual Services Capital Replacement 60,000.00 206264 6/14/2019 121083 ASPEN MILLS 142.41 UNIFORMS - SPRINGER 297769 237588 1221.62246/11/2019 Clothing/Personal Equipment Administration-Fire 142.41 206265 6/14/2019 101609 ASPEN WASTE 1,079.53 WASTE REMOVAL 297770 S1322054-060119 6719.65396/11/2019 Waste Removal/Sanitation Servi Building Maintenance 364.31 WASTE REMOVAL 297771 S1332103-053119 3111.65396/11/2019 Waste Removal/Sanitation Servi Refuse/Waste Control 379.31 WASTE REMOVAL 297772 S1322062-053119 3111.65396/11/2019 Waste Removal/Sanitation Servi Refuse/Waste Control 53.70 WASTE 297773 S1322039-060119 3316.65396/11/2019 Waste Removal/Sanitation Servi Police 6/13/19 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206265 6/14/2019 101609 ASPEN WASTE Continued... 208.17 WASTE 297774 S1322021-060119 3304.65396/11/2019 Waste Removal/Sanitation Servi Bldg/Facilities Maintenance 45.78 WASTE 297775 S1321999-060119 3313.65396/11/2019 Waste Removal/Sanitation Servi Fire Buildings 101.06 WASTE 297776 S1321981-060119 3313.65396/11/2019 Waste Removal/Sanitation Servi Fire Buildings 70.58 WASTE 297777 S1322005-060119 3313.65396/11/2019 Waste Removal/Sanitation Servi Fire Buildings 90.00 WASTE 297779 S1322088-060119 3314.65396/11/2019 Waste Removal/Sanitation Servi Central Maintenance 1,162.00 WASTE 297780 S1322104-053119 3314.65396/11/2019 Waste Removal/Sanitation Servi Central Maintenance 325.17 WASTE REMOVAL 297781 S1322047-060119 6603.65396/11/2019 Waste Removal/Sanitation Servi Building Repair & Maint. 59.55 WASTE 297782 S1366341-060119 3313.65396/11/2019 Waste Removal/Sanitation Servi Fire Buildings 423.53 WASTE 297783 S1321957-060119 6827.65396/11/2019 Waste Removal/Sanitation Servi Building Maintenance 4,362.69 206266 6/14/2019 154441 BEEM, JENNIFER 24.33 12574-OVRPMNT 4247 SUNRISE RD 297784 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 24.33 206267 6/14/2019 115649 BIG INK DISPLAY GRAPHICS 65.00 BIG INK - ROOM SIGNS 297790 62895 6801.63706/11/2019 General Printing and Binding General & Administrative 375.00 BIG INK - OFFICE/BLAST SIGN -297791 62605 6801.63576/11/2019 Advertising/Publication General & Administrative 440.00 206268 6/14/2019 101065 BLACK DOG WATER MANAGEMENT COMMISSION 568.00 2019 ANNUAL ASSESSMENT 297792 2019 6546.64956/11/2019 Watershed Management Assessmen Watershed Management Organ 568.00 206269 6/14/2019 143108 BLOOMINGTON, CITY OF 773.50 BAC-T SAMPLING 297785 1900135 6149.63236/11/2019 Testing Services Water Sampling/Testing 773.50 206270 6/14/2019 143561 BLUE TARP FINANCIAL 9.99 BALLFIELDS 297786 0032162499 3118.62536/11/2019 Turf Maintenance & Landscape S Athletic Field Mtn/Setup 9.99 206271 6/14/2019 154447 BRIGHT, RANDY 40.00 12574-OVRPMNT 4237 BRADDOCK TR 297787 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 40.00 206272 6/14/2019 154068 BRODSHO, BRAD 93.13 12574-OVRPMNT 698 NORTHBRIDGE 297788 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 93.13 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206273 6/14/2019 154444 BRUESTLE, MICHAEL Continued... 14.22 12574-OVRPMNT 2061 MARBLE LN 297789 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 14.22 206274 6/14/2019 101057 C & E AUTO UPHOLSTERY 180.00 UNIT 1136 297897 22455 9001.14156/12/2019 Inventory - Parts General Fund 180.00 206275 6/14/2019 148751 CAMPBELL KNUTSON 29,535.08 CITY ATTORNEY BILL 297795 3407-999G-05311 9 0602.63116/11/2019 Legal Prosecuting Attorney 29,535.08 206276 6/14/2019 154285 CARROLL, PATRICK 58.90 12574-OVRPMNT 3828 NORTH RIDGE 297796 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 58.90 206277 6/14/2019 128578 CDW GOVERNMENT INC. 67.98 SPEAKERS FOR PATROL 297797 SMF3778 1104.66606/11/2019 Office Furnishings & Equipment Patrolling/Traffic 67.98 206278 6/14/2019 101652 CEMSTONE PRODUCT CO. 310.40 CONCRETE TOOLS 297798 440370 3104.62406/11/2019 Small Tools Site Amenity Installation 97.30 CONCRETE TOOLS 297798 440370 3104.62526/11/2019 Parks & Play Area Supplies Site Amenity Installation 407.70 206279 6/14/2019 142846 CENTURYLINK 135.74 COMM LINE BTWN TRMNT PLANTS 297799 612E06-1331048- JUN19 6101.63526/11/2019 Telephone Circuits Water -Administration 547.74 OAK POND LIFT STATION 297800 612E06-3878017- JUN19 6239.63476/11/2019 Telephone Service & Line Charg Lift Station Maintenanc/Repair 141.08 297801 612E12-0825197- JUN19 6101.63476/11/2019 Telephone Service & Line Charg Water -Administration 423.24 297802 612E12-1089411- JUN19 6101.63476/11/2019 Telephone Service & Line Charg Water -Administration 66.00 SPERRY TOWER RADIO LINES 297803 612E12-1121206- JUN19 6101.63476/11/2019 Telephone Service & Line Charg Water -Administration 141.08 297804 612E12-6449410- JUN19 6101.63476/11/2019 Telephone Service & Line Charg Water -Administration 141.08 297805 612E12-8187409- JUN19 6101.63476/11/2019 Telephone Service & Line Charg Water -Administration 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206279 6/14/2019 142846 CENTURYLINK Continued... 1,595.96 206280 6/14/2019 142837 CENTURYLINK (R) 1,024.92 JUN 2019 TELEPHONE 297950 1469096623 9695.63476/12/2019 Telephone Service & Line Charg Dakota Co Drug Task Force 1,024.92 206281 6/14/2019 151299 CINTAS 48.31 RUGS 297806 4022930670 6154.65356/11/2019 Other Contractual Services South Plant Building 29.26 RUGS 297807 4022930636 3313.65696/11/2019 Maintenance Contracts Fire Buildings 40.18 RUGS 297808 4022930676 6827.65696/11/2019 Maintenance Contracts Building Maintenance 30.96 RUGS 297809 4023361040 3304.65696/11/2019 Maintenance Contracts Bldg/Facilities Maintenance 66.58 RUGS 297810 4023360961 3314.65696/11/2019 Maintenance Contracts Central Maintenance 49.00 RUGS 297811 4023361058 3314.65696/11/2019 Maintenance Contracts Central Maintenance 264.29 206282 6/14/2019 102087 CLAREY'S SAFETY EQUIPMENT 41.57 OIL FOR RESCUE TOOLS 297812 182862 1225.63236/11/2019 Testing Services Fire / EMS Equipment 41.57 206283 6/14/2019 146026 CLAUSEN, CHAD 22.14 SQUAD WIPER BLADES 297823 051519 1104.62316/11/2019 Mobile Equipment Repair Parts Patrolling/Traffic 36.85 TRAINING MEALS 297823 051519 1104.64766/11/2019 Conferences/Meetings/Training Patrolling/Traffic 58.99 206284 6/14/2019 142286 COMCAST 21.09 COMCAST 6/5/19-7/4/19 297793 877210508075712 9-052519 1221.65356/11/2019 Other Contractual Services Administration-Fire 21.09 206285 6/14/2019 142286 COMCAST 4.55 COMCAST STATION 4 6/9-7/8/19 297794 877210508019830 8-052719 1221.65356/11/2019 Other Contractual Services Administration-Fire 4.55 206286 6/14/2019 100038 COMMERCIAL ASPHALT 1,112.07 ASPHALT FOR WATERMAIN PATCHES 297813 190531 6160.62556/11/2019 Street Repair Supplies Main Maintenance/Repair 1,112.07 206287 6/14/2019 100040 CONT SAFETY EQUIP 25.68 MECHANIC SAFETY GLASSES 297814 450038 2401.62416/11/2019 Shop Materials Gen/Adm-Central Services 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206287 6/14/2019 100040 CONT SAFETY EQUIP Continued... 132.94 SAFETY SUPPLIES 297814 450038 3170.62226/11/2019 Medical/Rescue/Safety Supplies General AdmIn-Parks 16.50 HI VIZ BALL CAPS 297815 450057 2010.62246/11/2019 Clothing/Personal Equipment General Engineering 175.12 206288 6/14/2019 150880 CORE & MAIN LP 3,737.20 HYDRANT REPAIR 297816 K576160 6144.62606/11/2019 Utility System Parts/Supplies Hydrant Maintenance/Repair 638.27 WATERMAIN REPAIR 297817 K584083 6160.62606/11/2019 Utility System Parts/Supplies Main Maintenance/Repair 1,637.76 WATERMAIN REPAIR 297818 K580930 6160.62606/11/2019 Utility System Parts/Supplies Main Maintenance/Repair 6,013.23 206289 6/14/2019 152916 CORNERSTONE PARKING GROUP 676.53 RELIABLE IRRIGATION START 4653 297819 1720 9116.65356/11/2019 Other Contractual Services Cedar Grove Parking Garage 16,570.00 RELIABLE IRRIGATION SNOW 0950 297819 1720 9116.65356/11/2019 Other Contractual Services Cedar Grove Parking Garage 15,751.68 MANAGEMENT SERV MAY 2019 297820 1724 9116.65696/11/2019 Maintenance Contracts Cedar Grove Parking Garage 32,998.21 206290 6/14/2019 133088 D&D INSTRUMENTS INC. 249.00 UNIT 283 297821 348031 9001.14156/11/2019 Inventory - Parts General Fund 249.00 206291 6/14/2019 100305 DAK CTY TREASURER AUDITOR 5,177.50 1090 SPEC ASSESSMENTS 297824 SA0010-060519 9220.64936/11/2019 Dakota County Special Assessme Public Utilities 242.25 51 SPEC. ASSESSMENTS 297824 SA0010-060519 9345.64936/11/2019 Dakota County Special Assessme Cedar Bluff Housing Imp Distrt 185.25 39 SPEC. ASSESSMENTS 297824 SA0010-060519 9349.64936/11/2019 Dakota County Special Assessme Meadowlark Ridge HID 9,300.50 1,958 SPEC. ASSESSMENTS 297824 SA0010-060519 9372.64936/11/2019 Dakota County Special Assessme Revolving SAF-Construction 736.25 155 SPEC. ASSESSMENTS 297824 SA0010-060519 9461.64936/11/2019 Dakota County Special Assessme 2012A Coachman Oaks HIA-DS 15,641.75 206292 6/14/2019 110921 DAKOTA AWARDS & ENGRAVING 34.00 SWAT NAME PLATES 297822 20416 1104.62266/11/2019 Public Safety Supplies Patrolling/Traffic 34.00 206293 6/14/2019 120622 DAKOTA COMMUNICATIONS CENTER 113,426.00 DCC FEES MONTHLY-JUL2019 297825 EA2019-07 1108.63306/11/2019 DCC Fees Communications 113,426.00 206294 6/14/2019 100050 DAKOTA ELECTRIC 101.48 HOLZ FARM 297826 100914-1-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 39.96 DIFFLEY/LEXINGTON 297827 101738-3-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 45.62 DIFFLEY/LEXINGTON 297828 102634-3-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206294 6/14/2019 100050 DAKOTA ELECTRIC Continued... 27.04 OAK POND ROAD SAN LIFT STATION 297829 102843-0-MAY19 6239.64086/11/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 18.15 DIFFLEY/LEXINGTON 297830 103085-7-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 30,013.77 RIVER HILLS STREET LIGHTS 297831 129548-4-MAY19 6301.64066/11/2019 Electricity-Street Lights Street Lighting 48.39 JOHNNYCAKE/CLIFF SIGNALS 297832 141558-7-MAY19 6301.64076/11/2019 Electricity-Signal Lights Street Lighting 36.97 GUN CLUB RD LIFTSTATION 297833 166469-7-MAY19 6239.64086/11/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 8,903.09 HOLLAND STORM 297834 183413-4-MAY19 6439.64086/11/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 105.05 ELRENE RD HOCKEY RINK 297835 192536-1-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 1,587.76 CANTER GLEN STORM 297836 193566-7-MAY19 6439.64086/11/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 105.17 LEXINGTON RESERVOIR 297837 200603-9-MAY19 6154.64096/11/2019 Electricity-Wells/Booster Stat South Plant Building 27.04 WESCOTT STORM 297838 201101-3-MAY19 6439.64086/11/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 277.81 WOODLANDS STORM 297839 201125-2-MAY19 6439.64086/11/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 129.64 NORTHVIEW PARK IRRIGATION 297840 203049-2-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 40.09 OHMAN PARK SHELTER 297841 205375-9-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 37.31 DIFFLEY RD TUNNEL LIGHTS 297842 214662-9-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 66.40 LEXINGTON/DIFFLEY 297843 221769-3-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 14.00 CLIFF RD AERATOR 297844 226044-6-MAY19 6520.64056/11/2019 Electricity Basin Mgmt-Aeration 23.93 MAJESTIC OAKS SAN 297845 288226-4-MAY19 6239.64086/11/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 14.00 HAY LAKE RD AERATOR 297846 371946-5-MAY19 6520.64056/11/2019 Electricity Basin Mgmt-Aeration 16.31 WESCOTT GAZEBO 297847 393793-5-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 61.66 STEEPLECHASE CT LIFTSTATION 297848 401500-4-MAY19 6239.64056/11/2019 Electricity Lift Station Maintenanc/Repair 359.89 ART HOUSE 297849 412157-0-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 14.57 ART HOUSE GAZEBO 297850 440126-1-MAY19 3106.64056/11/2019 Electricity Structure Care & Maintenance 42.86 MARSH COVE SAN LIFT STATION 297851 441453-8-MAY19 6239.64086/11/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 42,157.96 206295 6/14/2019 100405 DAKOTA ELECTRIC ASSOC 1,930.32 LIGHT POLE REPAIR 297852 2411627-052419 3109.62346/11/2019 Field/Other Equipment Repair Lighting Maintenance 1,930.32 206296 6/14/2019 100447 DALCO 212.69 CUSTODIAL SUPPLIES 297853 3456696 6827.62236/11/2019 Building/Cleaning Supplies Building Maintenance 1,163.28 CUSTODIAL SUPPLIES 297854 3455629 3304.62236/11/2019 Building/Cleaning Supplies Bldg/Facilities Maintenance 278.49 CUSTODIAL SUPPLIES 297855 3457302 6827.62236/11/2019 Building/Cleaning Supplies Building Maintenance 649.36 CUSTODIAL SUPPLIES 297856 3457895 3304.62236/11/2019 Building/Cleaning Supplies Bldg/Facilities Maintenance 2,303.82 206297 6/14/2019 154448 DEMONT, CARY 129.00 12574-OVRPMNT 822 GREAT OAKS T 297857 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 129.00 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206298 6/14/2019 101693 DICK'S SANITATION SERVICE INC.Continued... 65.08 COMPOST-JUN 2019 297865 DT0002670841 3304.65396/11/2019 Waste Removal/Sanitation Servi Bldg/Facilities Maintenance 62.81 ORGANIC REMOVAL-JUN 2019 297865 DT0002670841 6603.65396/11/2019 Waste Removal/Sanitation Servi Building Repair & Maint. 58.10 COMPOST-JUNE 2019 297866 DT0002675432 3313.65396/11/2019 Waste Removal/Sanitation Servi Fire Buildings 185.99 206299 6/14/2019 100969 DRIVER & VEHICLE SERVICES 11.00 SQUAD LICENSES 297867 061119 1104.64806/11/2019 Licenses, Permits and Taxes Patrolling/Traffic 11.00 206300 6/14/2019 100387 EAGAN GENERAL REPAIR 40.65 QUARRY DRINKING FOUNTAIN 297858 27913 3104.62336/11/2019 Building Repair Supplies Site Amenity Installation 198.35 FOR HIGH SERVICE PUMP ROOM NTP 298109 27697 6147.64276/12/2019 Building Operations/Repair-Lab North Plant Production 325.00 METER SUPPORT WELL 1 298110 27928 6148.64276/12/2019 Building Operations/Repair-Lab North Well Field 564.00 206301 6/14/2019 100060 ECM PUBLISHERS INC 208.50 MONTHLY MARKET FEST AD 297859 699493 3061.63576/11/2019 Advertising/Publication Market Fest 208.50 206302 6/14/2019 102620 ECOLAB 209.90 CHEMICALS 297860 3582149 6720.62446/11/2019 Chemicals & Chemical Products Pool Attendant 3,717.30 CHEMICALS 297861 3653428 6720.62446/11/2019 Chemicals & Chemical Products Pool Attendant 3,927.20 206303 6/14/2019 154453 EDGEWATER TITLE GROUP 316.75 12574-OVRPMNT 2143 CEDAR GROVE 297862 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 316.75 206304 6/14/2019 151082 EDGEWATER TITLE GROUP LLC 835.56 12574-OVRPMNT 3977 CEDAR GROVE 297863 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 835.56 206305 6/14/2019 124857 EDINA REALTY TITLE 19.68 12574-OVRPMNT 4131 BEAVER DAM 297864 060419-1 9220.22506/11/2019 Escrow Deposits Public Utilities 19.68 206306 6/14/2019 124857 EDINA REALTY TITLE 36.08 12574-OVRPMNT 4282 WEXFORD WAY 297868 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 36.08 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206307 6/14/2019 147825 ELECTRIC SYSTEMS OF ANOKA INC Continued... 47,090.00 THRESHER LTS-ELECTRICAL 297898 7185-2 2859.67546/12/2019 Utilities North Park-Thresher Fields 47,090.00 206308 6/14/2019 153600 ELEVATION COATING LLC 212,752.50 LEX/DIFFLEY RESERVOIR PAINTING 297869 052919 6129.6630 P13426/11/2019 Other Improvements Reservior Maintenance/Repair 212,752.50 206309 6/14/2019 101006 EMERGENCY AUTO TECHNOLOGIES 157.08 FLASHER NEW SQUAD 297870 DL060419-22 3511.66806/11/2019 Mobile Equipment Equip Rev Fd-Dept 11 157.08 206310 6/14/2019 152585 EPG SECURITY GROUP 99.80 EPG.SECURITY 297871 16160 6801.65356/11/2019 Other Contractual Services General & Administrative 99.80 206311 6/14/2019 154431 EVANS, EDWARD 22.38 12574-OVRPMNT 1952 SAFARI TR 297872 060419 9220.22506/11/2019 Escrow Deposits Public Utilities 22.38 206312 6/14/2019 100451 FASTENAL COMPANY 253.62 SPLIT RING LOVE JOY FOR HORIZ 297873 MNTC1231542 6147.62606/11/2019 Utility System Parts/Supplies North Plant Production 253.62 206313 6/14/2019 122976 FIRE SAFETY USA INC. 420.00 SCBA TAGS 297874 121637 1225.62306/11/2019 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 75.00 HOSE REPAIR, ST 2 298095 123174 1225.62406/12/2019 Small Tools Fire / EMS Equipment 495.00 206314 6/14/2019 144138 FISCHER MINING LLC 212.88 WATERMAIN BREAK REPAIR 297875 151722 6160.62556/11/2019 Street Repair Supplies Main Maintenance/Repair 212.88 206315 6/14/2019 100529 GASTFIELD MAINTENANCE PLUS, BOB 370.00 ART HOUSE CLEANING-MAY19 297893 053119-ARTHOUSE 3106.65376/12/2019 Janitorial Service Structure Care & Maintenance 896.00 CUSTODIAL-MAY 2019 297894 053119 3313.65376/12/2019 Janitorial Service Fire Buildings 1,266.00 206316 6/14/2019 100465 GERTEN GREENHOUSES 685.76 LANDSCAPING FOR POOL 297880 12362 /W 6716.65636/12/2019 Landscaping General Administration 49.95 LANDSCAPING FOR POOL 297881 8503 /7 6716.65636/12/2019 Landscaping General Administration 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206316 6/14/2019 100465 GERTEN GREENHOUSES Continued... 51.90 BLVD SOD DAMAGE 297882 45111 /6 2240.62556/12/2019 Street Repair Supplies Street Plowing/Sanding 51.90 BLVD SOD DAMAGE REPAIR 297883 8402 /7 2240.62556/12/2019 Street Repair Supplies Street Plowing/Sanding 99.95 BLVD SOD DAMAGE REPAIR 297884 2417 /12 2240.62556/12/2019 Street Repair Supplies Street Plowing/Sanding 77.85 BLVD SOD DAMAGE REPAIR 297885 8390 /7 2240.62556/12/2019 Street Repair Supplies Street Plowing/Sanding 1,549.50 LANDSCAPING FOR POOL 297886 45969 /6 6716.65636/12/2019 Landscaping General Administration 2,227.19 LANDSCAPING FOR POOL 297887 12361 /W 6716.65636/12/2019 Landscaping General Administration 4,794.00 206317 6/14/2019 100077 GOPHER ST ONE CALL 1,741.50 ONE CALL FEE 297891 9050347 6234.63566/12/2019 One Call Service Fee Utility Locates 321.30 ONE CALL FEE 297891 9050347 4002.65696/12/2019 Maintenance Contracts Fiber capacity project 2,062.80 206318 6/14/2019 114350 GORDER, JOHN 30.16 MILEAGE 4/15/19-5/29/19 297889 053119 2010.62356/12/2019 Fuel, Lubricants, Additives General Engineering 30.16 206319 6/14/2019 152667 GRACENOTE MEDIA SERVICES LLC 412.00 ELECTRONIC PROGRAMMING JUN19 297892 9747024991 9701.63106/12/2019 Professional Services-General PEG-eligible 412.00 206320 6/14/2019 100990 GRAINGER 9.01 AC MAINTENANCE 297888 9192024587 3106.62336/12/2019 Building Repair Supplies Structure Care & Maintenance 27.46 REPAIR SUPPLIES 297890 9195669768 6720.62306/12/2019 Repair/Maintenance Supplies-Ge Pool Attendant 76.48 DIFFUSER VENTS 297896 9194298577 3313.62336/12/2019 Building Repair Supplies Fire Buildings 112.95 206321 6/14/2019 154430 GREAT NORTHERN MICROGREENS 33.00 MARKETFEST 6/5/19 SNAP/EBT 297895 060519 3061.6220 PR0036/12/2019 Operating Supplies - General Market Fest 7.00 MARKETFEST 6/5/19 MARKETBUCKS 297895 060519 3061.6220 PR0046/12/2019 Operating Supplies - General Market Fest 40.00 206322 6/14/2019 100085 HARDWARE HANK 34.95 CHAINSAW FUEL 297899 1834028 2272.62436/12/2019 Heating Oil/Propane/Other Fuel Tree Trimming 2.97 HARDW HANK-BOLTS FOR TRUCK 297900 1816940 1224.62316/12/2019 Mobile Equipment Repair Parts Engineer 26.32 SQUAD KEYS 297901 1837661 1104.62206/12/2019 Operating Supplies - General Patrolling/Traffic 16.73 KEYS FOR POLE CAMERA 297902 1838106 1104.62206/12/2019 Operating Supplies - General Patrolling/Traffic 5.46 HARDWARE 297903 1819399 3106.62206/12/2019 Operating Supplies - General Structure Care & Maintenance 2.20 IRRIGATION REPAIR 297904 1818281 3117.62206/12/2019 Operating Supplies - General Irrigation System Mtn/Install 3.16 SMALL ENGINE REPAIR 297905 1816965 3127.62206/12/2019 Operating Supplies - General Equipment Maintenance/Repair 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206322 6/14/2019 100085 HARDWARE HANK Continued... 4.00 SMALL ENGINE REPAIR 297906 1812354 3127.62206/12/2019 Operating Supplies - General Equipment Maintenance/Repair 26.43 STRIPER REPAIR 297907 1828522 3127.62316/12/2019 Mobile Equipment Repair Parts Equipment Maintenance/Repair 29.76 SEASONAL KEYS 297908 1825811 3106.62206/12/2019 Operating Supplies - General Structure Care & Maintenance 19.99 BUILDING WATER 297909 1825300 3106.62206/12/2019 Operating Supplies - General Structure Care & Maintenance 4.49 CLEANING SUPPLIES 297910 1825262 3106.62236/12/2019 Building/Cleaning Supplies Structure Care & Maintenance 38.91 SMALL ENGINE REPAIR 297911 1825223 3127.62316/12/2019 Mobile Equipment Repair Parts Equipment Maintenance/Repair 12.08 TOOLS 297912 1823196 3127.62406/12/2019 Small Tools Equipment Maintenance/Repair 12.87 HARDWARE 297913 1820987 3127.62206/12/2019 Operating Supplies - General Equipment Maintenance/Repair 9.98 MISC HARDWARE 297914 1820843 3127.62206/12/2019 Operating Supplies - General Equipment Maintenance/Repair 5.00 ART HOUSE REPAIR 297915 1819736 3106.62206/12/2019 Operating Supplies - General Structure Care & Maintenance 4.49 SMALL ENGINE REPAIR 297916 1819720 3127.62206/12/2019 Operating Supplies - General Equipment Maintenance/Repair 23.18 CUSTODIAL SUPPLIES 297917 1817143 3315.62236/12/2019 Building/Cleaning Supplies City Hall 9.98 PEST CONTROL 297918 1817032 3304.62336/12/2019 Building Repair Supplies Bldg/Facilities Maintenance 9.49 CUSTODIAL SUPPLIES 297919 1812295 3304.62236/12/2019 Building/Cleaning Supplies Bldg/Facilities Maintenance 302.44 206323 6/14/2019 152930 HARRIS MECHANICAL SERVICES LLC 264.26 LABOR TO LOOK AT RTU FOR MEZZ 297920 507019223 6602.65356/12/2019 Other Contractual Services Equipment Repair & Maint. 264.26 206324 6/14/2019 101241 HAUSLADEN,RAYMOND 29.64 12574-OVRPMNT 2087 CORAL LN 297921 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 29.64 206325 6/14/2019 100064 HAWKINS WATER TRTMNT GROUP INC 2,586.60 STP NAMN04 297922 4507625 6155.62446/12/2019 Chemicals & Chemical Products South Plant Production 2,000.00 NTP NAMN04 297922 4507625 6155.62446/12/2019 Chemicals & Chemical Products South Plant Production 4,586.60 206326 6/14/2019 100267 HAYES ELECTRIC 376.00 PILOT LIGHTS 297923 4319 3109.64286/12/2019 Field/Other Equipment Repair-L Lighting Maintenance 189.41 PILOT LIGHTS 297923 4319 3109.62346/12/2019 Field/Other Equipment Repair Lighting Maintenance 298.70 LIGHTING REPAIR PARTS 297924 4320 3109.62346/12/2019 Field/Other Equipment Repair Lighting Maintenance 658.00 LIGHTING REPAIR LABOR 297924 4320 3109.64286/12/2019 Field/Other Equipment Repair-L Lighting Maintenance 1,071.86 R&R CPARKSIGN 297925 4318 3624.66306/12/2019 Other Improvements Facilities R&R Fd-Mtn Facility 221.97 ELECTRICAL REPAIR 297926 4314 3314.65356/12/2019 Other Contractual Services Central Maintenance 2,815.94 206327 6/14/2019 154436 HOGAN, MICHAEL 17.08 12574-OVRPMNT 671 CAMPTON CT 297927 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206327 6/14/2019 154436 HOGAN, MICHAEL Continued... 17.08 206328 6/14/2019 154456 HOME VESTORS 24.92 12574-OVRPMNT 1326 JURDY RD 297928 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 24.92 206329 6/14/2019 144655 HUMERATECH 250.00 HVAC REPAIR 297929 190316 3313.65356/12/2019 Other Contractual Services Fire Buildings 250.00 206330 6/14/2019 154434 HURD, MURVIL 91.24 12574-OVRPMNT 3760 SOUTH HILLS 297930 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 91.24 206331 6/14/2019 149714 HYDROCORP 5,365.00 CROSS CONNECTION CONTROL PROG 297931 0052387-IN 6131.63106/12/2019 Professional Services-General Water Customer Service 5,365.00 206332 6/14/2019 104674 INDELCO PLASTICS CORP. 340.00 FIX GRATING ON POOL 297932 INV118201 6720.65356/12/2019 Other Contractual Services Pool Attendant 2,195.00 PIPING FOR UNDER SHIP 297933 INV118202 6720.62306/12/2019 Repair/Maintenance Supplies-Ge Pool Attendant 2,535.00 206333 6/14/2019 154326 JACOBS LADDER 4,295.00 LADDER TRAINING DEVICE 297934 6869 1223.63206/12/2019 Instructors Training Fire & EMS 4,295.00 206334 6/14/2019 154443 JIMENEZ, ELENA MARIN 36.21 12574-OVRPMNT 2085 QUARTZ LN 297935 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 36.21 206335 6/14/2019 153563 JOHNSON FITNESS AND WELLNESS 189.00 PT REPAIR 298107 21-061576 1104.63106/12/2019 Professional Services-General Patrolling/Traffic 218.12 PT REPAIR 298108 21-062105 1104.63106/12/2019 Professional Services-General Patrolling/Traffic 407.12 206336 6/14/2019 150893 KLEIN UNDERGROUND LLC 668.70 KLEIN RESTORATION 297936 78485 6160.64326/12/2019 Utility System Repair-Labor Main Maintenance/Repair 668.70 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206337 6/14/2019 154449 KUHLMAN, JESSE Continued... 224.41 12574-OVRPMNT 3668 CANARY WAY 297937 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 224.41 206338 6/14/2019 154408 KUZNAR, ALAN 66.14 MAILBOX REIMBURSE A KUZNAR 297940 053119 2240.62566/12/2019 Snow Removal/Ice Control Suppl Street Plowing/Sanding 66.14 206339 6/14/2019 154452 LANGLAIS, CHELSIE 30.99 12574-OVRPMNT 897 CURRY TR 297938 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 30.99 206340 6/14/2019 100644 LANGUAGE LINE SERVICES 124.00 LANGUAGE LINE-MAY 2019 297941 4581391 1104.63106/12/2019 Professional Services-General Patrolling/Traffic 124.00 206341 6/14/2019 154432 LAPLANT, DAN 18.24 12574-OVRPMNT 4678 LENORE LN 297939 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 18.24 206342 6/14/2019 100662 LAW ENFORCEMENT LABOR 3,468.00 JUNE 2019 UNION DUES 297988 OFFICERS/SRGS 6/8/19 9592.20266/14/2019 Ded Pay - Pol Off Unio Benefit Accrual 3,468.00 206343 6/14/2019 100420 LEAGUE OF MINN CITIES INS TRUST 1,895.79 CLAIM CA86664 298098 4826 9591.63866/12/2019 Insurance Deductible Risk Management 1,895.79 206344 6/14/2019 101055 LEFFLER PRINTING COMPANY INC. 3,275.00 EXP EAGAN PRINT JULY/AUG 2019 297942 20738 0902.63706/12/2019 General Printing and Binding Experience Eagan Newsletter 3,275.00 206345 6/14/2019 139061 LEXISNEXIS RISK DATA MANAGEMENT INC 1,312.50 COPLOGIC MONTHLY 297943 805944-20190531 1105.64576/12/2019 Machinery & Equipment-Rental Investigation/Crime Prevention 1,312.50 206346 6/14/2019 137999 LIBERTY TIRE RECYCLING LLC 84.10 SCRAP TIRE 297944 1595904 9001.14156/12/2019 Inventory - Parts General Fund 84.10 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206347 6/14/2019 146268 LIFE SUPPORT INNOVATIONS Continued... 2,994.50 AED SUPPLIES 297945 1703 1225.62226/12/2019 Medical/Rescue/Safety Supplies Fire / EMS Equipment 426.10 AED BATTERIES 297946 1707 6716.62226/12/2019 Medical/Rescue/Safety Supplies General Administration 119.10 PADS FOR AED 297947 1708 6716.62226/12/2019 Medical/Rescue/Safety Supplies General Administration 3,539.70 206348 6/14/2019 100490 LIFEWORKS 112.30 SKYHILL CLEANING 297948 119625 3106.65376/12/2019 Janitorial Service Structure Care & Maintenance 112.30 206349 6/14/2019 102253 LOUNSBURY, STEVE 8.17 MILEAGE-LOUNSBURY 298103 052819 1104.63536/12/2019 Personal Auto/Parking Patrolling/Traffic 8.17 206350 6/14/2019 102253 LOUNSBURY, STEVE 16.35 MILEAGE LOUNSBURY 298104 060619 1104.63536/12/2019 Personal Auto/Parking Patrolling/Traffic 16.35 206351 6/14/2019 100116 MACQUEEN EQUIP 1,072.44 JETTING LEADER HOSES 297951 P19024 6238.62606/12/2019 Utility System Parts/Supplies Sewer Main Maintenance 1,072.44 206352 6/14/2019 100118 MARKS TOWING 75.00 SQ TOW 297952 515647 1104.65386/12/2019 Towing Charges Patrolling/Traffic 345.68 INV TOW FOR THELT CASE 298106 460442 1105.65206/12/2019 Major Investigation Expenses Investigation/Crime Prevention 420.68 206353 6/14/2019 142378 MARKS, RYAN 149.38 RYAN MARKS UNIFORM 297953 042619 3170.21156/12/2019 Clothing Allowance General AdmIn-Parks 149.38 206354 6/14/2019 133443 MARTIN COMPANY, JEFF 560.00 BALLFIELD LIGHTS 297954 8572 3109.62346/12/2019 Field/Other Equipment Repair Lighting Maintenance 560.00 206355 6/14/2019 100571 MENARDS-APPLE VALLEY 27.49 MAILBOX REPAIR 297955 60561 2240.62566/12/2019 Snow Removal/Ice Control Suppl Street Plowing/Sanding 11.98 MAILBOX REPAIR 297956 60887 2240.62566/12/2019 Snow Removal/Ice Control Suppl Street Plowing/Sanding 26.20 BUILDING REPAIRS 297957 61422 3106.62336/12/2019 Building Repair Supplies Structure Care & Maintenance 545.90 QUARRY PARK SIGN INSTALLATION 297958 61222 3104.62526/12/2019 Parks & Play Area Supplies Site Amenity Installation 611.57 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206355 6/14/2019 100571 MENARDS-APPLE VALLEY Continued... 206356 6/14/2019 153997 MESSERLI KRAMER ATTORNEYS AT LAW 354.52 PAYROLL ENDING 6/8/19 297989 GARNISHMENT 6/8/19 9592.20306/14/2019 Ded Pay - Garnishments Benefit Accrual 354.52 206357 6/14/2019 100125 METRO COUNCIL ENVIRONMTL SERV-SAC 74.55-MAY 2019 297959 050119 0801.42466/12/2019 Administrative Fee on SAC Coll General & Admn-Protective Insp 7,455.00 MAY 2019 297959 050119 9220.22756/12/2019 MCES Sewer Availability Charge Public Utilities 7,380.45 206358 6/14/2019 100133 MIKES SHOE REPAIR 120.00 UNIFORM BOOTS - KLEES 297960 5312019 1221.62246/12/2019 Clothing/Personal Equipment Administration-Fire 215.00 CLOTHING ALLOW RICK ROBOHM 297961 6032019 2201.21156/12/2019 Clothing Allowance Gen/Adm-Streets 160.00 CLOTHING ALLOW JEROME BLATT 297962 52820189 2201.21156/12/2019 Clothing Allowance Gen/Adm-Streets 495.00 206359 6/14/2019 113004 MIKLYA, THOMAS 15.82 DCBO MEETING 6/5/19 297963 060519 0812.64776/12/2019 Local Meeting Expenses Conferences/Training-Prot Insp 15.82 206360 6/14/2019 154451 MILLER, JOSEPH 36.95 OVRPMNT 3600 SAWGRASS TR S 297964 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 36.95 206361 6/14/2019 102753 MINNCOR INDUSTRIES 115.00 ACB BUSINESS CARDS 297965 SOI-080766 3081.62276/12/2019 Recreation Equipment/Supplies Arts & Humanities Council 335.00 MINNCOR - CORRECTION NOTICES 297966 SOI-080701 0801.62116/12/2019 Office Printed Material/Forms General & Admn-Protective Insp 55.00 BUSINESS CARDS - MARSHALL 298096 SOI-080711 1221.62106/12/2019 Office Supplies Administration-Fire 505.00 206362 6/14/2019 100664 MN CHILD SUPPORT 661.05 PAYROLL ENDING 6/8/19 297990 GARNISHMENT 6/8/19 9592.20306/14/2019 Ded Pay - Garnishments Benefit Accrual 354.86 PAYROLL ENDING 6/8/19 297991 GARNISHMENT 6/8/19-1 9592.20306/14/2019 Ded Pay - Garnishments Benefit Accrual 238.57 PAYROLL ENDING 6/8/19 297992 GARNISHMENT 6/8/19-2 9592.20306/14/2019 Ded Pay - Garnishments Benefit Accrual 1,254.48 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206363 6/14/2019 121807 MN CLAY COMPANY USA Continued... 1,216.58 SUPPLIES 297976 109918 3081.62276/12/2019 Recreation Equipment/Supplies Arts & Humanities Council 1,216.58 206364 6/14/2019 100663 MN TEAMSTERS 320 1,208.00 JUNE 2019 UNION DUES 297994 CLERICAL 6/8/19 9592.20296/14/2019 Ded Pay - Clerical Union Dues Benefit Accrual 2,717.00 JUNE 2019 UNION DUES 297995 PUB WKS MAINT 6/8/19 9592.20276/14/2019 Ded Pay - Pub Wks Union Dues Benefit Accrual 3,925.00 206365 6/14/2019 151289 MOE, DAN 10.00 MARKETFEST 6/5/19 SNAP/EBT 297967 060519 3061.6220 PR0036/12/2019 Operating Supplies - General Market Fest 10.00 206366 6/14/2019 140735 MOSENG, JOSEPH 14.97 CHAPLIN MEETING 298105 061119 1101.64776/12/2019 Local Meeting Expenses General/Admn-Police 14.97 206367 6/14/2019 141993 MS RELOCATION SERVICES 10.45 12574-OVRPMNT 4374 GARDEN TR 297968 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 10.45 206368 6/14/2019 100146 MTI DISTR CO 196.83 UNIT 333,327 297969 1214038-00 9001.14156/12/2019 Inventory - Parts General Fund 294.80 UNIT 332 297970 1214038-01 9001.14156/12/2019 Inventory - Parts General Fund 293.92 UNIT 328 297971 1214483-00 9001.14156/12/2019 Inventory - Parts General Fund 785.55 206369 6/14/2019 154439 NANISETTY, RATNAKUMAR 16.69 12574-OVRPMNT 1888 RIDGECREST 297972 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 16.69 206370 6/14/2019 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 6/8/19 297993 060819 9592.20376/14/2019 Ded Payable-Teamsters DRIVE Benefit Accrual 2.00 206371 6/14/2019 154458 NELSON, LYNDON 30.00 ACTIVITY REFUND 297973 1040671 3001.22506/12/2019 Escrow Deposits General/Admn-Recreation 30.00 206372 6/14/2019 152201 NEWMAN SIGNS INC 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206372 6/14/2019 152201 NEWMAN SIGNS INC Continued... 162.62 SIGN MATERIALS 297974 TRFINVO12098 2242.62576/12/2019 Signs & Striping Material Signs-Installation & Mtn 235.80 SIGN MATERIALS 297974 TRFINVO12098 8307.67186/12/2019 Project - Other Charges P1307 Lone Oak Circle 1,862.08 SIGN MATERIALS 297974 TRFINVO12098 8309.67186/12/2019 Project - Other Charges P 1309 Country Home HEights 1,582.51 SIGN MATERIALS 297974 TRFINVO12098 8310.67186/12/2019 Project - Other Charges P 1310 Surry Heights Drive 863.01 SIGN MATERIALS 297974 TRFINVO12098 8311.67186/12/2019 Project - Other Charges P 1311 Donald Avenue 1,337.39 SIGN MATERIALS 297974 TRFINVO12098 8312.67186/12/2019 Project - Other Charges P 1312 Ridgeview Acres/Jon Cro 1,224.05 SIGN MATERIALS 297974 TRFINVO12098 8313.67186/12/2019 Project - Other Charges P 1313 Old Sibley Highway 2,652.78 SIGN MATERIALS 297974 TRFINVO12098 8314.67186/12/2019 Project - Other Charges P 1314 Meadowland 1st addition 1,111.24 SIGN MATERIALS 297974 TRFINVO12098 8315.67186/12/2019 Project - Other Charges P 1315 Woodgate 3rd/Tiberon/Ma 2,149.75 SIGN MATERIALS 297974 TRFINVO12098 8316.67186/12/2019 Project - Other Charges P 1316 Pinetree Pass 2nd & 4th 444.63 SIGN MATERIALS 297974 TRFINVO12098 8317.67186/12/2019 Project - Other Charges P 1317 Gardenwood Ponds 4th 142.72 SIGN MATERIALS 297974 TRFINVO12098 8318.67186/12/2019 Project - Other Charges P 1318 Oak Pond Hills 1st & 2n 326.16 SIGN MATERIALS 297974 TRFINVO12098 8319.67186/12/2019 Project - Other Charges P 1319 Majestic Oaks 1st-3rd 101.96 SIGN MATERIALS 297974 TRFINVO12098 8320.67186/12/2019 Project - Other Charges P 1320 Southern Lake West 14,196.70 206373 6/14/2019 153781 NOR SON INC 3,565.00 TEMP HYDRANT REFUND 297975 060519 9220.22546/12/2019 Construction Meter Deposits Public Utilities 210.00 TEMP HYDRANT REFUND 297975 060519 6101.45216/12/2019 Construction Meter Permit Fees Water -Administration 70.00-TEMP HYDRANT REFUND 297975 060519 6101.45216/12/2019 Construction Meter Permit Fees Water -Administration 18.00-TEMP HYDRANT REFUND 297975 060519 6101.45056/12/2019 Water Sales Water -Administration 14.06-TEMP HYDRANT REFUND 297975 060519 6101.45056/12/2019 Water Sales Water -Administration 3,672.94 206374 6/14/2019 108599 OFFICE DEPOT, INC. 71.36 OFFICE SUPPLIES 297977 321294826001 1001.62106/12/2019 Office Supplies General/Admn-Human Resources 83.18 OFFICE SUPPLIES 297978 321448015001 6716.62106/12/2019 Office Supplies General Administration 70.54 OFFICE SUPPLIES 297979 321777766001 6716.62106/12/2019 Office Supplies General Administration 29.69-OFFICE SUPPLIES 297980 321779176001 6716.62106/12/2019 Office Supplies General Administration 53.33 PD OFFICE SUPPLIES 297981 322473609001 1107.62106/12/2019 Office Supplies Support Services 77.29 PROGRAM SUPPLIES 297982 321744041001 3081.62276/12/2019 Recreation Equipment/Supplies Arts & Humanities Council 5.89 PROGRAM SUPPLIES 297983 321744535001 3081.62276/12/2019 Recreation Equipment/Supplies Arts & Humanities Council 16.59 PROGRAM SUPPLIES 297984 321744536001 3081.62276/12/2019 Recreation Equipment/Supplies Arts & Humanities Council 348.49 206375 6/14/2019 109423 OFFICE TEAM 1,016.00 OFFICE TEMP HELP-SMOCZYK 297985 53594070 6101.63106/12/2019 Professional Services-General Water -Administration 1,016.00 206376 6/14/2019 101645 OLSEN FIRE INSPECTION INC 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206376 6/14/2019 101645 OLSEN FIRE INSPECTION INC Continued... 535.00 ANNUAL SPRINKLER TEST 297986 022146 6603.65696/12/2019 Maintenance Contracts Building Repair & Maint. 535.00 206377 6/14/2019 142236 ORIGINAL WATERMEN 202.50 CLOTHING 297987 S62353-051119 6716.62246/12/2019 Clothing/Personal Equipment General Administration 202.50 206378 6/14/2019 154433 PALMER, EUGENE 18.79 12574-OVRPMNT 1908 TURQOISE TR 298009 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 18.79 206379 6/14/2019 100653 PARADISE CAR WASH 203.15 SQUAD CAR WASHES 298010 52020-060519 1104.63546/12/2019 Car Washes Patrolling/Traffic 203.15 206380 6/14/2019 102381 PARK SUPPLY, INC. 952.90 PLUMBING PARTS 298011 71437 6827.62336/12/2019 Building Repair Supplies Building Maintenance 952.90 206381 6/14/2019 154435 PARKOS, RONALD 89.81 12574-OVRPMNT 1093 NORTHVW PAR 298012 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 89.81 206382 6/14/2019 154442 PETERSON, JONATHAN 18.37 12574-OVRPMNT 2102 OPAL DR 298013 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 18.37 206383 6/14/2019 100307 PILOT KNOB ANIMAL HOSP 1,105.00 ANIMAL BOARDING FOR CITY 298014 157480 1110.63256/12/2019 Vet/Kennel Charge/Animal Dispo Animal Control 1,105.00 206384 6/14/2019 154461 PLUMBLINE BUILDERS OF MPLS INC 27.00 REFUND - OVERCHARGE 298015 060619 0720.42226/12/2019 Plan Check Fees General Admin-Planning & Zonin 27.00 206385 6/14/2019 100310 POSTMASTER 235.00 2019 FEE BULK MAIL ACCT #4902 298016 4902-061919 0901.63466/12/2019 Postage Gen & Admin-Communications 235.00 206386 6/14/2019 111046 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206386 6/14/2019 111046 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Continued... 466.57 PERA CONTR. - EMPLOYER 298017 420830-052819 9592.61426/12/2019 PERA - Coordinated Benefit Accrual 466.57 206387 6/14/2019 153556 PURAIR 536.00 O2 FOR PD AND FIRE DEPT 298018 122917 1104.62266/12/2019 Public Safety Supplies Patrolling/Traffic 536.00 206388 6/14/2019 138259 QUALITY PROPANE INC 137.23 PROPANE FOR GRILL 298019 183475T 6713.62436/12/2019 Heating Oil/Propane/Other Fuel Concessions 137.23 206389 6/14/2019 100361 R & R SPECIALTIES INC 82.50 BLADES SHARPENED 298020 0067862-IN 6602.62306/12/2019 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 82.50 206390 6/14/2019 154454 RAMOS, MARCOS 70.33 12574-OVRPMNT 3895 DOLOMITE DR 298021 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 70.33 206392 6/14/2019 143557 RANDSTAD (R) 1,258.12 EVID TECH 5/26-6/1/19 298022 R24998850 9695.65616/12/2019 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 967.61 ADMIN ASSIST 5/26-6/1/19 298022 R24998850 9695.65616/12/2019 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 2,225.73 206393 6/14/2019 100728 RENT N SAVE 125.00 ICE FISHING CLINIC SERVICES 298023 54930 6538.62276/12/2019 Recreation Equipment/Supplies Pub Information/Education 923.41 PORTABLE TOILETS 298024 55481 3111.65396/12/2019 Waste Removal/Sanitation Servi Refuse/Waste Control 4,522.50 PORTABLE TOILETS 298025 55482 3111.65396/12/2019 Waste Removal/Sanitation Servi Refuse/Waste Control 5,570.91 206394 6/14/2019 154455 RESULTS TITLE 5.88 12574-OVRPMNT 3780 RED ROBIN L 298026 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 5.88 206395 6/14/2019 121047 RETENTION MANAGEMENT 300.00 RETENTION MGMNT JUN 2019 298034 SUP7096926 6801.65696/12/2019 Maintenance Contracts General & Administrative 300.00 206396 6/14/2019 150864 ROMSAAS, RHETT 450.00 CNT ACTOR 298035 102 1104.63206/12/2019 Instructors Patrolling/Traffic 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206396 6/14/2019 150864 ROMSAAS, RHETT Continued... 450.00 206397 6/14/2019 153932 SCHUETSKI, ANNE MARIE 36.21 TRAINING MEALS 298036 060619 1104.64766/12/2019 Conferences/Meetings/Training Patrolling/Traffic 36.21 206398 6/14/2019 154440 SCHULZ, SHELLEY 43.21 12574-OVRPMNT 4525 BIRCHCREST 298027 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 43.21 206399 6/14/2019 150474 SCHWARTZ FARM 8.00 MARKETFEST 6/5/19 SNAP/EBT 298028 060519 3061.6220 PR0036/12/2019 Operating Supplies - General Market Fest 2.00 MARKETFEST 6/5/19 MARKETBUCKS 298028 060519 3061.6220 PR0046/12/2019 Operating Supplies - General Market Fest 9.00 MARKETFEST 6/5/19 MEDICA 298028 060519 3061.6220 PR0076/12/2019 Operating Supplies - General Market Fest 19.00 206400 6/14/2019 154066 SELVESTRA, JOHN 51.88 12574-OVRPMNT 4174 COUNTRYSIDE 298029 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 51.88 206401 6/14/2019 152205 SEMA EQUIPMENT INC 247.37 UNIT 322 298030 1275499 9001.14156/12/2019 Inventory - Parts General Fund 247.37 206402 6/14/2019 141461 SHAWN, JACK P 1,200.00 MEN'S BASKETBALL OFFICIALS 298037 052219 3076.63276/12/2019 Sporting Event Officials Adult Basketball-Men 1,200.00 206403 6/14/2019 146625 SHRED-IT USA 125.14 SHREDDING SERVICES 298031 8127372883 1101.63106/12/2019 Professional Services-General General/Admn-Police 62.60 SHREDDING SERVICES 298031 8127372883 2201.62106/12/2019 Office Supplies Gen/Adm-Streets 86.47 SHREDDING SERVICES 298031 8127372883 6801.65696/12/2019 Maintenance Contracts General & Administrative 274.21 206404 6/14/2019 154429 SIMONSON, KEITH 93.00 IRRIG DAMAGE 2804 BEAM LN 298038 060719 8319.67186/12/2019 Project - Other Charges P 1319 Majestic Oaks 1st-3rd 93.00 206405 6/14/2019 151416 SMART DELIVERY SERVICE INC 206.40 INTEROFFICE MAIL 5-31-19 298032 67304 0401.65356/12/2019 Other Contractual Services General & Admn-City Clerk 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206405 6/14/2019 151416 SMART DELIVERY SERVICE INC Continued... 206.40 206406 6/14/2019 102392 SPARTAN PROMOTIONAL GROUP, INC. 400.55 SPARTAN - PENS - PROMO 298033 576066 6801.63576/12/2019 Advertising/Publication General & Administrative 777.66 SPARTAN - CLIPS - PROMO 298039 576068 6801.63576/12/2019 Advertising/Publication General & Administrative 321.79 SPARTAN - KIDS - PROMO 298040 576073 6801.63576/12/2019 Advertising/Publication General & Administrative 234.23 SPARTAN - GLASSES - BDAY PARTY 298040 576073 6801.62206/12/2019 Operating Supplies - General General & Administrative 1,734.23 206407 6/14/2019 100469 SRF CONSULTING GROUP INC 2,037.21 CONT 19-13 BIKE&PEDESTRIAN PLA 298041 12601.00-1 9328.6713 PBIKE6/12/2019 Project - Outside Engineering Park Sys Dev and R&R 2,037.21 CONT 19-13 BIKE&PEDESTRIAN PLA 298041 12601.00-1 9375.6713 PBIKE6/12/2019 Project - Outside Engineering Major Street 4,074.42 206408 6/14/2019 114531 ST CROIX HARLEY-DAVIDSON 3,245.94 MOTORCYCLE MAINT ANNUAL 298042 790533 1104.64256/12/2019 Mobile Equipment Repair Labor Patrolling/Traffic 3,245.94 206409 6/14/2019 153856 ST PAUL PIONEER PRESS 293.65 LEGAL NOTICES 298043 0519570105 0401.63596/12/2019 Legal Notice Publication General & Admn-City Clerk 293.65 206410 6/14/2019 100854 ST PAUL STAMP WORKS, INC. 165.78 COMMISSION NAME PLATES 298044 441522 0201.62106/12/2019 Office Supplies General & Admn-Admn 165.78 206411 6/14/2019 154450 STEIN, MATTHEW 26.04 12574-OVRPMNT 3830 WILLOW WAY 298045 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 26.04 206412 6/14/2019 121089 STEININGER INC., MAX 220.00 BIT SCRAP DISPOSAL 298046 233 2220.62556/12/2019 Street Repair Supplies Bituminous Surface Maint 220.00 206413 6/14/2019 121089 STEININGER INC., MAX 21,000.00 STORM WATER GUARANTEE REFUND 298100 061119 9001.2250.6546/12/2019 Max Steininger storm water fin General Fund 21,000.00 206414 6/14/2019 149088 STEWART TITLE COMPANY 80.07 12574-OVRPMNT 4896 BISCAYNE AV 298047 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206414 6/14/2019 149088 STEWART TITLE COMPANY Continued... 80.07 206415 6/14/2019 100204 STREICHERS INC. 174.99 40 MM MUNITIONS 298048 11370744 1104.62286/12/2019 Ammunition Patrolling/Traffic 174.99 206416 6/14/2019 150340 SYRINIX INC. 950.00 PRESSURE MONITORING SOFTWARE 298049 0000000184 6152.62706/12/2019 Computer Software PRS Inspection/Maint/Repair 950.00 206417 6/14/2019 151851 SYSCO-MINNESOTA INC 221.02 SYSCO CAMP ECC 298050 247488400 6810.62206/12/2019 Operating Supplies - General Gymnasium 114.45 SYSCO F AND B RESALE 298050 247488400 6831.68556/12/2019 Merchandise for Resale Food and Beverage 346.80 SYSCO F AND B SUPPLIES 298050 247488400 6831.62206/12/2019 Operating Supplies - General Food and Beverage 202.94 SYSCO CONC FOR RESALE 298050 247488400 6806.68556/12/2019 Merchandise for Resale Concessions 26.04-CONCESSION RESALE 298051 247489471 6713.68556/12/2019 Merchandise for Resale Concessions 560.28 CONCESSION RESALE 298052 247490808 6713.68556/12/2019 Merchandise for Resale Concessions 2,372.19 CONCESSION RESALE 298053 247486961 6713.68556/12/2019 Merchandise for Resale Concessions 591.78 CONCESSION RESALE 298054 2474937778 6713.68556/12/2019 Merchandise for Resale Concessions 212.48 CLEANING SUPPLIES 298055 247498146 6719.62236/12/2019 Building/Cleaning Supplies Building Maintenance 2,616.44 CONCESSION RESALE 298055 247498146 6713.68556/12/2019 Merchandise for Resale Concessions 7,212.34 206418 6/14/2019 142667 TACTICAL PRODUCTS & SERVICES INC. 10,360.00 VESTS FOR 8 SWORN 298059 850 1144.62246/12/2019 Clothing/Personal Equipment Bullet Proof Vests grant 10,360.00 206419 6/14/2019 154437 THIBODO, MARCIA 20.32 12574-OVRPMNT 3784 BURGUNDY DR 298056 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 20.32 206420 6/14/2019 134135 THOMSON REUTERS 248.90 CLEAR MONTHLY-MAY 2019 298060 840370495 1105.64576/12/2019 Machinery & Equipment-Rental Investigation/Crime Prevention 248.90 206421 6/14/2019 100107 THYSSENKRUPP ELEVATOR 129.10 ELEVATOR CONTRACT JUN 19 298061 3004609442 6827.65696/12/2019 Maintenance Contracts Building Maintenance 125.00 ELEVATOR CONTRACT-JUN 2019 298062 3004610565 3314.65696/12/2019 Maintenance Contracts Central Maintenance 129.10 ELEVATOR CONTRACT-JUN 2019 298062 3004610565 3316.65696/12/2019 Maintenance Contracts Police 191.07 ELEVATOR CONTRACT-JUN 2019 298062 3004610565 3315.65696/12/2019 Maintenance Contracts City Hall 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 22Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206421 6/14/2019 100107 THYSSENKRUPP ELEVATOR Continued... 258.20 ELEVATOR CONTRACT-JUN 2019 298062 3004610565 9116.62236/12/2019 Building/Cleaning Supplies Cedar Grove Parking Garage 832.47 206422 6/14/2019 146452 TIMM, MELISSA 125.28 M TIMM - MILEAGE 4/29-5/30 298063 05302019 0401.63536/12/2019 Personal Auto/Parking General & Admn-City Clerk 125.28 206423 6/14/2019 113124 TOLL GAS & WELDING SUPPLY 22.70 CYLINDER RENTAL 298057 40101817 6144.64576/12/2019 Machinery & Equipment-Rental Hydrant Maintenance/Repair 22.70 206424 6/14/2019 100543 TOTAL CONTROL SYSTEMS INC 2,469.45 LIFT STATION CONTROLS 298058 8816 6439.64326/12/2019 Utility System Repair-Labor Lift Station Maintenanc/Repair 2,469.45 206425 6/14/2019 100223 TRI STATE BOBCAT 80.36 CHAINSAW FUEL 298097 P13645 2272.62436/12/2019 Heating Oil/Propane/Other Fuel Tree Trimming 80.36 206426 6/14/2019 100232 UHL CO INC 530.00 NWTP-FIRE PANEL REPAIR 298064 13361 0301.62306/12/2019 Repair/Maintenance Supplies-Ge IT-Gen & Admn 530.00 206427 6/14/2019 149351 UNITED FARMERS COOPERATIVE 12.05 UNIT 341 298065 78947 9001.14156/12/2019 Inventory - Parts General Fund 12.05 206428 6/14/2019 100236 VAN PAPER 107.46 PAPER PRODUCTS 298066 502892-00 6719.62236/12/2019 Building/Cleaning Supplies Building Maintenance 343.82 CLEANING SUPPLIES 298067 503102-00 3106.62236/12/2019 Building/Cleaning Supplies Structure Care & Maintenance 451.28 206429 6/14/2019 119217 VERIZON WIRELESS (R) 70.04 JUN 2019 CELL PHONE 298101 9830921555 9695.63556/12/2019 Cellular Telephone Service Dakota Co Drug Task Force 70.04 206430 6/14/2019 100912 VERIZON WIRELESS, BELLEVUE 50.02 DETECTIVE ROUTER-JUN 2019 298068 9831151567 1105.63556/12/2019 Cellular Telephone Service Investigation/Crime Prevention 35.01 AIR CARDS 298069 9830774247 0901.63556/12/2019 Cellular Telephone Service Gen & Admin-Communications 105.03 AIR CARDS 298069 9830774247 3057.62206/12/2019 Operating Supplies - General Preschool Programs 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 23Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206430 6/14/2019 100912 VERIZON WIRELESS, BELLEVUE Continued... 70.02 AIR CARDS 298069 9830774247 3101.63556/12/2019 Cellular Telephone Service Playground Maintenance 1,550.46 AIR CARDS 298069 9830774247 1104.63496/12/2019 Teleprocessing Equipment Patrolling/Traffic 35.01 AIR CARDS 298069 9830774247 1105.62126/12/2019 Office Small Equipment Investigation/Crime Prevention 905.30 AIR CARDS 298069 9830774247 1221.62306/12/2019 Repair/Maintenance Supplies-Ge Administration-Fire 35.01 AIR CARDS 298069 9830774247 1221.63556/12/2019 Cellular Telephone Service Administration-Fire 40.01 AIR CARDS 298069 9830774247 2401.63556/12/2019 Cellular Telephone Service Gen/Adm-Central Services 35.01 AIR CARDS 298069 9830774247 2010.63556/12/2019 Cellular Telephone Service General Engineering 250.07 AIR CARDS 298069 9830774247 0801.63556/12/2019 Cellular Telephone Service General & Admn-Protective Insp 285.08 AIR CARDS 298069 9830774247 2201.63556/12/2019 Cellular Telephone Service Gen/Adm-Streets 150.04 AIR CARDS 298069 9830774247 0301.63556/12/2019 Cellular Telephone Service IT-Gen & Admn 35.01 AIR CARDS 298069 9830774247 0201.63556/12/2019 Cellular Telephone Service General & Admn-Admn 35.03 AIR CARDS 298069 9830774247 3001.63556/12/2019 Cellular Telephone Service General/Admn-Recreation 35.01 AIR CARDS 298069 9830774247 0720.63556/12/2019 Cellular Telephone Service General Admin-Planning & Zonin 110.05 AIR CARDS 298069 9830774247 3170.63556/12/2019 Cellular Telephone Service General AdmIn-Parks 36.20 AIR CARDS 298069 9830774247 3201.63556/12/2019 Cellular Telephone Service Administrative/General 35.01 AIR CARDS 298069 9830774247 9701.63556/12/2019 Cellular Telephone Service PEG-eligible 35.01 AIR CARDS 298069 9830774247 6234.63556/12/2019 Cellular Telephone Service Utility Locates 35.01 AIR CARDS 298069 9830774247 6239.64086/12/2019 Electricity-Lift Stations Lift Station Maintenanc/Repair 25.02 AIR CARDS 298069 9830774247 6239.63526/12/2019 Telephone Circuits Lift Station Maintenanc/Repair 35.01 AIR CARDS 298069 9830774247 6136.63556/12/2019 Cellular Telephone Service GIS - Utilities 35.01 AIR CARDS 298069 9830774247 6147.63556/12/2019 Cellular Telephone Service North Plant Production 70.02 AIR CARDS 298069 9830774247 6101.63556/12/2019 Cellular Telephone Service Water -Administration 35.01 AIR CARDS 298069 9830774247 6716.63556/12/2019 Cellular Telephone Service General Administration 35.01 AIR CARDS 298069 9830774247 6801.63556/12/2019 Cellular Telephone Service General & Administrative 50.89 CELLL PHONES 298070 9831471106 1001.63556/12/2019 Cellular Telephone Service General/Admn-Human Resources 101.78 CELL PHONES 298070 9831471106 0201.63556/12/2019 Cellular Telephone Service General & Admn-Admn 243.56 CELL PHONES 298070 9831471106 0301.63556/12/2019 Cellular Telephone Service IT-Gen & Admn 60.89 CELL PHONES 298070 9831471106 0501.63556/12/2019 Cellular Telephone Service General & Admn-Finance 404.44 CELL PHONES 298070 9831471106 0720.63556/12/2019 Cellular Telephone Service General Admin-Planning & Zonin 351.18 CELL PHONES 298070 9831471106 0805.63556/12/2019 Cellular Telephone Service Construction Insp-Field 162.83 CELL PHONES 298070 9831471106 0901.63556/12/2019 Cellular Telephone Service Gen & Admin-Communications 3,314.97 CELL PHONES 298070 9831471106 1108.63556/12/2019 Cellular Telephone Service Communications 459.86 CELL PHONES 298070 9831471106 2010.63556/12/2019 Cellular Telephone Service General Engineering 333.61 CELL PHONES 298070 9831471106 2201.63556/12/2019 Cellular Telephone Service Gen/Adm-Streets 9.13 CELL PHONES 298070 9831471106 2401.63556/12/2019 Cellular Telephone Service Gen/Adm-Central Services 831.17 CELL PHONES 298070 9831471106 3001.63556/12/2019 Cellular Telephone Service General/Admn-Recreation 393.60 CELL PHONES 298070 9831471106 3170.63556/12/2019 Cellular Telephone Service General AdmIn-Parks 61.06 CELL PHONES 298070 9831471106 3170.63556/12/2019 Cellular Telephone Service General AdmIn-Parks 152.67 CELL PHONES 298070 9831471106 3201.63556/12/2019 Cellular Telephone Service Administrative/General 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 24Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206430 6/14/2019 100912 VERIZON WIRELESS, BELLEVUE Continued... 28.68 CELL PHONES 298070 9831471106 3106.63476/12/2019 Telephone Service & Line Charg Structure Care & Maintenance 66.98 CELL PHONES 298070 9831471106 3301.63556/12/2019 Cellular Telephone Service General Management 458.01 CELL PHONES 298070 9831471106 1221.63556/12/2019 Cellular Telephone Service Administration-Fire 50.89 CELL PHONES 298070 9831471106 3071.62276/12/2019 Recreation Equipment/Supplies MN State Arts Board 213.56 CELL PHONES 298070 9831471106 9701.63556/12/2019 Cellular Telephone Service PEG-eligible 292.73 CELL PHONES 298070 9831471106 6101.63556/12/2019 Cellular Telephone Service Water -Administration 43.77-CELL PHONES 298070 9831471106 6128.63556/12/2019 Cellular Telephone Service CMMS - Utilities 50.89 CELL PHONES 298070 9831471106 6136.63556/12/2019 Cellular Telephone Service GIS - Utilities 255.14 CELL PHONES 298070 9831471106 6201.63556/12/2019 Cellular Telephone Service San Sewer-Administration 213.71 CELL PHONES 298070 9831471106 6501.63556/12/2019 Cellular Telephone Service G/A - Water Quality 152.67 CELL PHONES 298070 9831471106 6228.63556/12/2019 Cellular Telephone Service CMMS - Utilities 152.67 CELL PHONES 298070 9831471106 6601.63556/12/2019 Cellular Telephone Service General/Administrative-Arena 50.89 CELL PHONES 298070 9831471106 6716.63556/12/2019 Cellular Telephone Service General Administration 50.89 CELL PHONES 298070 9831471106 6801.63556/12/2019 Cellular Telephone Service General & Administrative 60.89 CELL PHONES 298070 9831471106 9225.63556/12/2019 Cellular Telephone Service Fiber Infrastructure Fund 13,123.95 206431 6/14/2019 143309 VONBANK LAWN CARE 375.00 CEDAR GROVE MOWING 298071 20534 3115.65356/12/2019 Other Contractual Services Boulevard Maintenance 375.00 206432 6/14/2019 154459 VOUGH, DIANE 44.78 ACTIVITY REFUND 298072 1041444 3001.22506/12/2019 Escrow Deposits General/Admn-Recreation 44.78 206433 6/14/2019 154438 WALMSLEY, DANIEL 8.22 12574-OVRPMNT 1314 ST ANDREW B 298073 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 8.22 206434 6/14/2019 154446 WALZ, JOSEPH 97.72 12574-OVRPMNT 1002 WEDGEWOOD L 298074 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 97.72 206435 6/14/2019 119144 WASTE MANAGEMENT-SAVAGE (R) 605.09 JUN 2019 WASTE MANAGEMENT 298102 8079727-2282-9 9695.65396/12/2019 Waste Removal/Sanitation Servi Dakota Co Drug Task Force 605.09 206436 6/14/2019 100459 WEATHER WATCH INC 152.90 WEATHER MONITORING JUN19 298082 10315 6146.63106/12/2019 Professional Services-General North Plant Building 152.90 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 25Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206436 6/14/2019 100459 WEATHER WATCH INC Continued... 206437 6/14/2019 154445 WEBER, JOHN 111.38 12574-OVRPMNT 717 CASTLETON LN 298075 060419 9220.22506/12/2019 Escrow Deposits Public Utilities 111.38 206438 6/14/2019 109141 WECH CONSTRUCTION INC., MICHAEL 5,400.00 MOONSHINE R&R 298083 053019 3624.66306/12/2019 Other Improvements Facilities R&R Fd-Mtn Facility 5,400.00 206439 6/14/2019 153688 WILLIAMS SCOTSMAN 562.80 EVIDENCE TRAILER-JUN 2019 298084 6812618 5045.62206/12/2019 Operating Supplies - General Temporary Office/Moving Expens 562.80 206440 6/14/2019 152703 WINDSHIELD CENTERS LLC 539.78 UNIT 1140 298085 0190002755 9001.14156/12/2019 Inventory - Parts General Fund 539.78 206441 6/14/2019 113476 WISCONSIN SUPPORT COLLECTIONS TRUST FUND 363.81 PAYROLL ENDING 6/8/19 297996 GARNISHMENT 6/8/19 9592.20306/14/2019 Ded Pay - Garnishments Benefit Accrual 363.81 206442 6/14/2019 142743 WNAV INC 545.85 WNAV AV -LAMPS 298076 20381 6801.62206/12/2019 Operating Supplies - General General & Administrative 545.85 206443 6/14/2019 150356 WOLD ARCHITECTS AND ENGINEERS 3,759.93 WOLD, 25% FFE 298077 62068 9353.67206/12/2019 Project - Architect POLICE & CITY HALL REMODEL 4,126.19 WOLD, 84% CONSTR ADMIN 298078 61925 9353.67206/12/2019 Project - Architect POLICE & CITY HALL REMODEL 7,886.12 206444 6/14/2019 126991 WOLKERSTORFER CONTRACTING 2,200.00 O'LEARY PONG CONCRETE 298079 385 2841.67606/12/2019 Play Equipment O'Leary Park 7,632.00 LD SUNSHELTER CONCRETE 298080 386 2852.67566/12/2019 Building & Structures General Park Site Improvmts 9,832.00 206445 6/14/2019 104542 WSB & ASSOCIATES, INC. 140.00 GIS CONSULTING 298081 R-013500-000 - 2 0301.65676/12/2019 Contractual Programming/Data P IT-Gen & Admn 140.00 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 26Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206445 6/14/2019 104542 WSB & ASSOCIATES, INC.Continued... 206446 6/14/2019 101755 XCEL ENERGY 2,891.57 STREET LIGHTS 298086 51-6563390-9-06 0319 6301.64066/12/2019 Electricity-Street Lights Street Lighting 1,412.08-CENTRAL PARKWAY STREET LIGHTS 298091 51-6563390-9-05 2419 6301.64066/12/2019 Electricity-Street Lights Street Lighting 1,479.49 206447 6/14/2019 100247 ZIEGLER INC 404.10 CUTTING EDGE 123 298087 PC002044404 2244.62316/12/2019 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 155.70 UNIT 144 298088 PC002065212 9001.14156/12/2019 Inventory - Parts General Fund 160.02-UNIT 144 RETURN 298089 PR000167560 9001.14156/12/2019 Inventory - Parts General Fund 68,979.00 CHGENSET TRANS REPLACE 298090 F1817701 3533.66406/12/2019 Machinery/Equipment Equip Rev Fd-Dept 33 69,378.78 206448 6/14/2019 101755 XCEL ENERGY 745.41 SIGNALS 298111 51-6563386-3-06 0419 6301.64076/12/2019 Electricity-Signal Lights Street Lighting 745.41 206449 6/14/2019 101755 XCEL ENERGY 11.32 SKYLINE ROAD HOCKEY RINK 298112 51-6563384-1-06 0419 3104.64056/12/2019 Electricity Site Amenity Installation 10.88 MCKEE ST ICE RINK LIGHTS 298112 51-6563384-1-06 0419 3104.64056/12/2019 Electricity Site Amenity Installation 24.83 QUARRY PARK 298112 51-6563384-1-06 0419 3106.64056/12/2019 Electricity Structure Care & Maintenance 47.03 206450 6/14/2019 101755 XCEL ENERGY 368.12 FESTIVAL GROUNDS 298113 51-6563391-0-06 0419 3106.64056/12/2019 Electricity Structure Care & Maintenance 85.02 CENTRAL PARK PUMP STATION 298113 51-6563391-0-06 0419 3186.64056/12/2019 Electricity Recreation Program Support 310.44 BAND SHELL 298113 51-6563391-0-06 0419 3106.64056/12/2019 Electricity Structure Care & Maintenance 193.28 CONCESSION STAND 298113 51-6563391-0-06 0419 3106.64056/12/2019 Electricity Structure Care & Maintenance 2,011.47-WELL #20 298113 51-6563391-0-06 0419 6148.64096/12/2019 Electricity-Wells/Booster Stat North Well Field 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 27Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206450 6/14/2019 101755 XCEL ENERGY Continued... 6,532.84 ECC ELECTRICITY 298113 51-6563391-0-06 0419 6824.64056/12/2019 Electricity Utilities 2,518.50 ECC NATURAL GAS 298113 51-6563391-0-06 0419 6824.64106/12/2019 Natural Gas Service Utilities 7,996.73 20190151 6/14/2019 100249 FIT 135,737.16 PAYROLL ENDING 6/8/19 298005 061419 9880.20116/14/2019 Ded Payable - FIT Payroll 135,737.16 20190152 6/14/2019 100250 COMMISIONER OF REVENUE-PAYROLL 39,419.09 PAYROLL ENDING 6/8/19 298006 061419 9880.20126/14/2019 Ded Payable - SIT Payroll 39,419.09 20190153 6/14/2019 100252 FICA 37,568.88 PAYROLL ENDING 6/8/19 298007 061419 9880.20146/14/2019 Ded Payable - FICA Payroll 37,568.88 20190154 6/14/2019 100253 MEDICARE 13,853.48 PAYROLL ENDING 6/8/19 298008 061419 9880.20156/14/2019 Ded Payable - Medicare Payroll 13,853.48 20190320 6/14/2019 100693 EAGAN PAYROLL ACCT 763,116.33 PAYROLL ENDING 6/8/19 298004 061319 9001.11156/14/2019 Claim on Cash General Fund 12,994.86 PAYROLL ENDING 6/8/19 298004 061319 9197.11156/14/2019 Claim on Cash ETV 73,313.36 PAYROLL ENDING 6/8/19 298004 061319 9220.11156/14/2019 Claim on Cash Public Utilities 9,982.89 PAYROLL ENDING 6/8/19 298004 061319 9221.11156/14/2019 Claim on Cash Civic Arena 44,206.72 PAYROLL ENDING 6/8/19 298004 061319 9222.11156/14/2019 Claim on Cash Cascade Bay 39,414.27 PAYROLL ENDING 6/8/19 298004 061319 9223.11156/14/2019 Claim on Cash Central Park/Community Center 4,163.10 PAYROLL ENDING 6/8/19 298004 061319 9225.11156/14/2019 Claim on Cash Fiber Infrastructure Fund 101,092.43 PAYROLL ENDING 6/8/19 298004 061319 9592.11156/14/2019 Claim on Cash Benefit Accrual 51,422.36 PAYROLL ENDING 6/8/19 298004 061319 9592.61446/14/2019 FICA Benefit Accrual 1,099,706.32 20192511 6/14/2019 115374 MN STATE RETIREMENT SYSTEM-HCSP 47,359.50 EMPLOYEE CONTRIBUTIONS 297997 061419 9592.20346/14/2019 Ded Payable-HCSP Benefit Accrual 47,359.50 20193211 6/14/2019 138969 MN STATE RETIREMENT SYSTEM-MNDCP 13,338.14 EMPLOYEE CONTRIBUTIONS 297998 061419 9592.20326/14/2019 Ded Pay - Great West Def Comp Benefit Accrual 6/12/2019City of Eagan 16:39:32R55CKR2LOGIS102V 28Page -Council Check Register by GL Check Register w GL Date & Summary 6/14/20196/10/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20193211 6/14/2019 138969 MN STATE RETIREMENT SYSTEM-MNDCP Continued... 13,338.14 20194211 6/14/2019 100892 ICMA RETIREMENT TRUST 45,742.39 EMPLOYEE CONTRIBUTIONS 297999 061419 9592.20316/14/2019 Ded Pay - ICMA Benefit Accrual 45,742.39 20195634 6/14/2019 147907 SELECT ACCOUNT 4,968.68 FLEX REIMBURSEMENT 298000 061319 9592.22156/14/2019 Flex Plan Withholding Payable Benefit Accrual 4,968.68 20198012 6/14/2019 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PERIOD 5/26/19-6/8/19 298001 434600-060819 9592.61466/14/2019 PERA - DCP Benefit Accrual 77,233.51 PAYROLL PERIOD 5/26/19-6/8/19 298001 434600-060819 9592.20136/14/2019 Ded Payable - PERA Benefit Accrual 41,384.01 PAYROLL PERIOD 5/26/19-6/8/19 298001 434600-060819 9592.61426/14/2019 PERA - Coordinated Benefit Accrual 61,935.45 PAYROLL PERIOD 5/26/19-6/8/19 298001 434600-060819 9592.61436/14/2019 PERA - Police Benefit Accrual 180,629.93 20198522 6/14/2019 151185 HEALTHPARTNERS INC 3,832.81 DENTAL CLAIMS REIMBURSEMENT 298002 061019 9594.61586/14/2019 Dental Insurance Dental Self-insurance 3,832.81 20199502 6/14/2019 153990 EAGAN PROFESSNAL FIREFIGHTERS LOCAL 5171 1,363.57 LOCAL 5171 EMPLOYEE UNION DUES 298003 061419 9592.20396/14/2019 Ded Payable - FF Union Dues Benefit Accrual 1,363.57 2,491,677.11 Grand Total Payment Instrument Totals Checks 2,491,677.11 Total Payments 2,491,677.11 6/12/2019City of Eagan 16:39:41R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 6/14/20196/10/2019 - Company Amount 1,009,792.8109001GENERAL FUND 33,256.4109116CEDAR GROVE PARKING GARAGE 13,655.4309197ETV 377,895.1709220PUBLIC UTILITIES 11,405.3009221CIVIC ARENA 63,817.7609222CASCADE BAY 114,679.9609223CENTRAL PARK /COMMUNITY CENTER 4,545.2909225FIBER INFRASTRUCTURE FUND 58,959.2109328PARK SYS DEV AND R&R 69,136.0809335EQUIPMENT REVOLVING 6,471.8609336GENERAL FACILITIES RENEW & REP 242.2509345CEDAR BLUFFS HOUSING IMP DISTR 185.2509349Meadowlark Ridge HID 9,348.9209353POLICE & CITY HALL REMODEL 23,427.5809372REVOLVING SAF-CONSTRUCTION 2,037.2109375MAJOR STREET 736.25094612012A Coachman Oaks HIA-DS 1,895.7909591RISK MANAGEMENT 455,751.3809592BENEFIT ACCRUAL 3,832.8109594Dental Self-insurance 4,025.7809695DAK CO DRUG TASK FORCE 226,578.6109880PAYROLL Report Totals 2,491,677.11 6/21/2019City of Eagan 9:19:31R55CKR2 LOGIS100 1Page -Council Check Register by GL Council Check Register and Summary 6/21/20196/15/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 206451 6/21/2019 100365 DAK CTY CLERK OF COURT 500.00 DAK CTY CLERK OF COURT 298123 06132019 9001.2260 Bail Deposits General Fund 500.00 206452 6/21/2019 101697 EAGAN CONVENTION & VISITORS BUREAU 97,355.04 APRIL LODGING TAX 298121 0419 9001.2210 Due to Convention Bureau General Fund 1,423.82- COMM CTR RENT 298121 0419 6801.4621 Building Rent General & Administrative 20.00- MONTHLY PHONE MAINT 298121 0419 6801.6347 Telephone Service & Line Charg General & Administrative 372.89- INTEREST ON NOTE - ECVB 298121 0419 9337.4613.4 Int on IR-ECVB Community Investment 1,093.78- DUE FROM ECVB 298121 0419 9337.1386.1 Due from ECVB Community Investment 94,444.55 206453 6/21/2019 108624 EBERT CONSTRUCTION 608,292.01 CONT 18-06 PMT 13 298125 053119 5041.6710 Project - Contract Phase 1-PD,Garage,&Traing room 608,292.01 206454 6/21/2019 154491 HENNING, JEAN 115.00 IRRIG DAMAGE 3640 KNOLL RIDGE 298124 06182019 8312.6718 Project - Other Charges P 1312 Ridgeview Acres/Jon Cro 115.00 206455 6/21/2019 153976 PITNEY BOWES PRESORT SERVICES INC 3,500.00 POSTAGE DEPOSIT 298122 06172019 9001.1420 Inventory - Postage Machine General Fund 3,500.00 20195105 6/20/2019 100283 BERKLEY ADMINISTRATORS 3,167.00 CLAIM OR ADMIN FEE PAYMENT 298114 061919 9593.6387 Worker's Comp - Administration Workers' Compensation Self-In 3,167.00 20195635 6/20/2019 147907 SELECT ACCOUNT 1,726.51 FLEX REIMBURSEMENT 298115 062019 9592.2215 Flex Plan Withholding Payable Benefit Accrual 1,726.51 20195636 6/20/2019 147907 SELECT ACCOUNT 967.50 MONTHLY FEES 298116 062019-1 1001.6536 Flex Plan Administration Fee General/Admn-Human Resources 967.50 20196005 6/20/2019 100901 MN DEPT OF REVENUE 752.00 SALES TAX - MAY 2019 298118 061919 9001.2270 Sales Tax Payable General Fund 3,339.00 SALES TAX - MAY 2019 298118 061919 9220.2270 Sales Tax Payable Public Utilities 739.00 SALES TAX - MAY 2019 298118 061919 9221.2270 Sales Tax Payable Civic Arena 1,960.00 SALES TAX - MAY 2019 298118 061919 9222.2270 Sales Tax Payable Cascade Bay 6/27/19 6/21/2019City of Eagan 9:19:31R55CKR2LOGIS100 2Page -Council Check Register by GL Council Check Register and Summary 6/21/20196/15/2019 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20196005 6/20/2019 100901 MN DEPT OF REVENUE Continued... 7,795.00 SALES TAX - MAY 2019 298118 061919 9223.2270 Sales Tax Payable Central Park/Community Center 28.00 TRANSIT TAX - MAY 2019 298119 061919-1 9001.2271 Transit Imprv Tax General Fund 121.00 TRANSIT TAX - MAY 2019 298119 061919-1 9220.2271 Transit Imprv Tax Public Utilities 25.00 TRANSIT TAX - MAY 2019 298119 061919-1 9221.2271 Transit Imprv Tax Civic Arena 72.00 TRANSIT TAX - MAY 2019 298119 061919-1 9222.2271 Transit Imprv Tax Cascade Bay 283.00 TRANSIT TAX - MAY 2019 298119 061919-1 9223.2271 Transit Imprv Tax Central Park/Community Center 15,114.00 20197005 6/20/2019 100901 MN DEPT OF REVENUE 170.67 FUEL TAX - MAY 2019 298117 061819 2244.6235 Fuel, Lubricants, Additives Street Equipment Repair/Mtn 41.47 FUEL TAX - MAY 2019 298117 061819 3127.6235 Fuel, Lubricants, Additives Equipment Maintenance/Repair 37.52 FUEL TAX - MAY 2019 298117 061819 6232.6235 Fuel, Lubricants, Additives Equipment Maintenance/Repair 249.66 20198523 6/20/2019 151185 HEALTHPARTNERS INC 2,315.99 DENTAL CLAIMS REIMBURSEMENT 298120 061719 9594.6158 Dental Insurance Dental Self-insurance 2,315.99 730,392.22 Grand Total Payment Instrument Totals Checks 730,392.22 Total Payments 730,392.22 6/21/2019City of Eagan 9:19:33R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 6/21/20196/15/2019 - Company Amount 103,314.6809001GENERAL FUND 3,497.5209220PUBLIC UTILITIES 764.0009221CIVIC ARENA 2,032.0009222CASCADE BAY 6,634.1809223CENTRAL PARK /COMMUNITY CENTER 1,466.67-09337 COMMUNITY INVESTMENT 608,292.0109353POLICE & CITY HALL REMODEL 115.0009372REVOLVING SAF-CONSTRUCTION 1,726.5109592BENEFIT ACCRUAL 3,167.0009593WORKERS' COMPENSATION SELF-INS 2,315.9909594Dental Self-insurance Report Totals 730,392.22 Agenda Information Memo July 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:  Agreement with American Security, L.L.C. for security services at the Eagan Community Center Attachments: (0) The contract is available from the City Clerk’s Office. Agenda Information Memo July 2, 2019 City Council Meeting CONSENT AGENDA E.Approve Change Order #11 for Project 18-06, Police Department and City Hall Renovation Action to Be Considered: Approve change order #11 for Project 18-06, Police Department and City Hall Renovation Facts: ➢Contract 18-06 provides for the renovation of the Police Department and City Hall facilities, including remodeled office space, building additions, a training room, and a new parking garage for Police squad cars. ➢On March 20, 2018, the City Council awarded the base bid and alternates to Ebert Construction. ➢The cost of the change order is $19,500.51 The change order includes, but is not limited to, the extension of a mechanical shaft, connections between the addition and the existing building, and additional material costs. ➢The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. ➢The cost of the additional work under the change order will be the responsibility of the project contingency fund. ➢The change order has been reviewed by Wold Architects and the City’s project leadership team and is in order for favorable Council action. Attachments: (1) E-1 Wold Architects, Summary of Change Order July 1, 2019 Dianne Miller, Assistant City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: City of Eagan City Hall and Police Department Facility Remodel and Addition Commission No. 172086 Dear Dianne: We have concluded our review of various contract changes for the additions and renovation of the City Hall and Police Facility and the following recommendations represents a fair value for the work. This change order includes the following items: PR 88.1 The mechanical shaft walls needed to be extended to the lower level and up to the roof deck for adequate separation of mechanical equipment within the shaft. This cost reflects this additional work and material. Add $9,613.95 PR 115 In the field, it was determined that the existing mechanical chase walls in the upper level City Hall IT room did not need to be removed. This is a credit for elimination of that work. Deduct ($340.00) PR 116 Additional electrical work was needed for the mechanical units and the electrical outlets in the garage were upgraded to have ground fault protection. Add $1,164.85 PR 117 To improve air flow in the new police break room, additional return grilles were added during construction. Add $290.59 PR 118 Additional rough-in for cameras in the evidence storage and evidence vault was requested by the Owner. Add $770.78 PR 119.1 PR 119.2 PR 122 Additional furring wall was required to cover the bullnose at rooms where existing exterior walls are now interior walls. This cost represents that additional work and material. Add $262.15 $171.20 $1,455.20 PR 120 It was requested to move the duty bag lockers from the mudroom into the new vehicle garage space. This is the cost for that adjustment in the work. Add $2,559.44 PR 121 In the field, it was determined that the existing City Hall parapet could remain at the City Hall break room. This credit reflects the removal of that work from the scope of work. Deduct ($1,789.04) PR 123 The fire protection contractor requested to change the sprinkler drops to a flexible stainless steel fitting that allows for easier installation into ceilings. This credit reflects Owner approved use of this material. Deduct ($7,000.00) Letter to Dianne Miller Page 2 PR 124 During construction the counter length in the computer forensics rooms needed to be field adjusted due to a conflict with a mechanical rain leader. This cost also includes an enclosure for the rain leader. Add $422.65 PR 127 During coordination with the artist that is providing the tree sculpture, adjustments to the exterior concrete sidewalk in the front plaza of the building were needed. This cost reflects those changes. Add $1,311.29 RFI 235 The connection detail to an existing column in the Police Department needed to be adjusted due to an existing column cap condition. This represents the cost for the new connection detail Add $445.12 RFI 237 During field coordination, the connection between the new and existing building of the Police Department needed to be modified. This cost represents these adjustments to the column and beam connections. Add $2,874.02 RFI 239 In the field, the deck support in the mechanical chase in the Police Department entrance needed to be adjusted. This cost represents the change in support solution. Add $2,507.01 RFI 240 (2) existing light poles that are to remain in the project needed adaptors due to the existing bolt pattern. This represents the cost of these adapters. Add $1,288.82 GC 15 The existing doorframes were flush with the adjacent walls and additional tile trim was required to finish the edges of the tile installation. This cost reflects that additional material. Add $3,492.48 Total Change Order No. 11 $19,500.51 Once approved by City Council, please have all three Change Orders signed and returned to my attention. If you have any questions, please do not hesitate to call. Sincerely, Wold Architects and Engineers John McNamara | AIA, LEED AP Partner cc: Michael Klass, Wold Amanda Marcott, Wold CM/CI_Eagan/172086/crsp/jun19 Agenda Information Memo July 2, 2019, Eagan City Council Meeting CONSENT AGENDA: F.Adopt a Resolution Authorizing a Special Deer Hunting Season on Private Property Action To Be Considered: Approve a resolution allowing the City of Eagan to authorize a special deer season in 2019. Facts: ➢Citizens have been authorized to hunt deer in Eagan since the mid to late 1990’s. ➢Those interested in hunting, must possess a permit issued by the police department. ➢Taking of deer is only allowed via bow and arrow. ➢Hunters participating in this special season must pay an appropriate fee and can only hunt on private property with landowner permission. ➢Eligible land parcels must meet size and zoning requirements. ➢Permittees must pass a proficiency test with their archery equipment. ➢The special hunt will coincide with the Minnesota Archery Season which is scheduled from September 14, 2019, thru December 31, 2019. ➢All hunters participating in the special hunting season must possess a 2019 State of Minnesota Archery License. Attachments: (1) F-1 Resolution RESOLUTION OF THE CITY OF EAGAN Authorize a Special Hunting Season to Manage Deer on Private Property WHEREAS, the City of Eagan has the authority to authorize a special hunt to manage wildlife. WHEREAS, the City of Eagan desires to authorize a special deer hunting season for wildlife management purposes on private parcels meeting size and zoning requirements. WHEREAS, some citizens have been authorized to take deer on private property by bow and arrow since the mid to late 1990’s. WHEREAS, once a special hunt is authorized by the Mayor and Council per city code # 6.47, the Chief of Police has the discretion to issue permits to individuals who have met proficiency standards along with other criteria established by the police department. WHEREAS, citizens participating in the hunt can only take deer with a bow and arrow on private property with the owner’s permission and must possess a 2019 State of Minnesota Archery Hunting License. WHEREAS, the dates of the special hunt authorized by this resolution will coincide with the Minnesota Archery Season expected to occur from September 14, 2019, thru December 31, 2019. NOW THEREFORE BE IT RESOLVED that the City of Eagan adopts this resolution authorizing a special deer hunt in 2019. ADOPTED this 2nd day of July, 2019. CITY OF EAGAN CITY COUNCIL By: ____________________ It’s Mayor Attest: __________________ It’s Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo July 2, 2019 Eagan City Council Meeting CONSENT AGENDA G. Approve Change Order 01 For Project 19-08 Trapp Farm Building Construction Action To Be Considered: Approve change order for JT Egner Construction Company and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The 2019-2023 Park Capital Improvement Projects, which includes the Trapp Farm Building Construction, were approved by City Council on September 17, 2018. ➢ JT Egner Construction was awarded Contract 19-08 for construction of the Trapp Farm Building and related site work in the amount of $884,200 at the March 5, 2019 City Council meeting. ➢ The proposed change order includes furnishing and installing metal roofing in lieu of asphalt shingles in the amount of $45,000. The metal roofing will add many years of life to the roof versus asphalt shingles ➢ The proposed change order has been reviewed by Park Staff and the architect and found to be in order of favorable Council action. Attachments: (1) CG-1 Change Order 01 Document G701TM -2001 Change Order PROJECT: (Name and address) City of Eagan - Trapp Farm Park 841 Wilderness Run Road Eagan, Minnesota 55122 TO CONTRACTOR: (Name and address) JT Egner Construction Company 17595 Kenwood Trail, Suite 250 Lakeville, MN 55044 CHANGE ORDER NUMBER: 001 DATE: ARCHITECT'S PROJECT NUMBER: 18-41 CONTRACT DATE: CONTRACT FOR: General Construction OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ The Contract is changed as follows: (Include, where applicable, anY undisputed amount attributable to previously executed Construction Change Directives.) ArchPR-001 - Furnish and Install Metal Roofing in lieu of asphalt shingles. The original (Contract Sum) (Guaranteed Maximum Price) was $ $84,200.04. The net change by previously authorized Change Orders $ 0.00 The (Contract Sum 1 (Guaranteed Maximum Price) prior to this Change Order was $ 8844 200.00 The (Contract Sum) (Guaranteed Maximum Price) will be increased(decreased) (unchanged) by this Change Order in the amount of $ 45,000.00 The new (Contract Sum) (Guaranteed Maximum Price), including this Change Order, will be $ 929,200.00 The Contract Time will be (increased) (decreased) (unchanged) by ( ) days. The date of Substantial Completion as of the date of this Change Order,. therefore, is as originally stated within the contract. NOTE: This Change Order- does not include chrrrrges in the Contract Sum, Contract Time or Guaranteed Mavinurm Price that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT. CONTRACTOR AND OWNER, Oertel Architects ARCHITECT (Firm name) JT Egner Construction City of Eagan CONTRACTOR (Firm name) OWNER (Finn name) 1795 St. Clair Avenue, St. Paul, MINI Kenwood Trail, Lakeville, MN 3830 Pilot Knob Road, Eagan, MN 55122 ADDRES-LZ ADDRESS ADDRESS BY (Sign tore) ti BY (Signature) BY (Signature) Andrew Cooper Josh Egner Paul Graham (Ttped narne) (Typed name) . (Ti peri name) 06/20/2019 (i. ZJ • i `1 DATE DATE DATE 1-x•11110J RFO 61, Cgig,11, 1 i,%Sjll r; ! i:,I C I:Pir:IJFLS will 11pf tW nI IK C1.111'r AIA Document G701 TM —2001. Copyright© 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. '-VARNiNG: This 6A 60eun,-11t is J,rorcLt— fly :. £ y,iijf,i La, ur ortC,is AIA Document, r,p.rt„ ni it ,Gi�H it ,-. <{! r7 ❑ - 1 nil i,- t 'tprta v,n N,� j., .,hip ^$ n!,g. �'� ... .. • th4 lA'rr.. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. O+o111AC044 Agenda Information Memo July 2, 2019, Eagan City Council Meeting CONSENT AGENDA H. Approve a Temporary On-Sale Liquor License and waive the license fee for the Eagan Foundation on August 9, 2019 at 1501 Central Parkway. Action To Be Considered: To approve a temporary on-sale liquor license and waive the license fee for the Eagan Foundation on August 9, 2019 at 1501 Central Parkway. Facts:  The Eagan Foundation has requested a temporary on-sale liquor license be issued to them for alcohol sales at the Eagan Food Truck Festival. The event will be held at the Central Park Festival Grounds, 1501 Central Parkway.  The Eagan Foundation has requested that the $150.00 license fee be waived.  The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety – Alcohol and Gambling Enforcement Division for final approval. Attachments: (0) Agenda Information Memo July 2, 2019, Eagan City Council Meeting CONSENT AGENDA I. Approve Show License for the Minnesota Scottish Fair & Highland Games on July 19 and 20, 2019 at 1501 Central Parkway Action To Be Considered: To approve a Show License for the Minnesota Scottish Fair & Highland Games on July 19 and 20, 2019 at 1501 Central Parkway Facts:  The Minnesota Scottish Fair & Highland Games have rented Central Park for its annual festival. The Minnesota Scottish Fair & Highland Games has applied for a Show License for sheep demonstrations that will occur during the event. The event will be held July 19 and 20, 2019 at 1501 Central Parkway.  All application materials have been submitted and reviewed by staff. No reason was found to deny the application. Attachments: (0) Agenda Information Memo July 2, 2019 Eagan City Council Meeting CONSENT AGENDA J. YMCA/OPUS Easement Action To Be Considered: Approve a corrective easement document that corrects the mistakes in the legal description for the Trail, Drainage and Utility Easement in Document No. T659663. Facts: ➢ In conjunction with the final plat of YMCA 3rd Addition, the developer requested a vacation of a portion of the slope, drainage and utility easements over, under and across Outlot A, YMCA 1st Addition, including Document No. T659663, acquired in 2006 as part of the Highway 149 improvement project. ➢ A review of Easement Document No. T659663 as part of the easement vacation request and final plat discovered inaccuracies in the legal description. ➢ This new document replaces the legal description and depiction of the Trail, Drainage and Utility Easement in Document No. T659663. The Corrective Easement description better identifies the end point of the Easement to ensure it properly identifies the limits incorrect in the original description. ➢ This corrective easement has been reviewed by the City Attorney and Public Works staff and found to be in order for favorable Council action. Attachments (1) CJ -1 Corrective Road, Trail, Slope, Drainage and Utility Easement Agreement CORRECTIVE ROAD, TRAIL, SLOPE, DRAINAGE AND UTILITY EASEMENT AGREEMENT This Corrective Road, Trail, Slope, Drainage and Utility Easement AGREEMENT ("Corrective Easement Agreement") is made as of 52019, by and between OPUS DEVELOPMENT COMPANY, L.L.C., a Delaware limited liability company ("Opus") and the CITY OF EAGAN, a Minnesota municipal corporation, organized under the laws of the State of Minnesota (the "City"). WHEREAS, on December 21, 2006, West Publishing Corporation, a Minnesota corporation, executed a Road, Trail, Slope, Drainage and Utility Easement in favor of the City (the "Easement Agreement"). WHEREAS, the Easement Agreement was recorded in the office of the Dakota County Registrar of Titles on March 26, 2010, as Document No. T659663. WHEREAS, Opus now owns fee title to the real property encumbered by the Easement Agreement. WHEREAS, there were mistakes in the legal description and depiction of the Easement for Trail, Drainage and Utility purposes ("Trail, Drainage and Utility Easement") in the Easement Agreement. WHEREAS, the purpose of this Corrective Easement Agreement is to correct the legal description and depiction of the Trail, Drainage and Utility Easement. WHEREAS, this Corrective Easement Agreement does not change the legal descriptions or depictions of any other easements within the Easement Agreement. NOW, THEREFORE, in consideration of $1.00 and other good and valuable consideration, the City and Opus hereby agree as follows: 1. The legal description for the Trail, Drainage and Utility Easement set forth in the Easement Agreement on the page labeled Right of Way Parcel Layout, Sheet 1 of 5, is hereby deleted and replaced with the legal description on Exhibit A attached hereto. 11819961x2 2. The depiction for the Trail, Drainage and Utility Easement set forth in the Easement Agreement on the page labeled Right of Way Parcel Layout, Sheet 4 of 5, is hereby deleted and replaced with the depiction on Exhibit B attached hereto. 3. Except as otherwise amended herein or expired per the original terms of the Easement Agreement, the Easement Agreement shall remain in full force and effect. 4. This Corrective Easement Agreement may be executed in any number of counterparts, each of which when executed shall be deemed an original. All such counterparts taken together shall constitute one and the same instrument. Facsimile or email (PDF format) signatures shall be deemed and treated as originals. [Remainder of'Page Intentionally Blank; Signature Page Follows] 2 11819961x2 IN WITNESS WHEREOF, Opus and the City have executed this Corrective Road, Trail, Slope, Drainage and Utility Easement on the date set forth above. OPUS DEVELOPMENT COMPANY, L.L.C. By A" 41, ame: ',/5' { <r Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing ' trument was acknowledged before me on this day o ulp.(,J , 2019 byhe Vt�c.�, p;�Q'' of OPUS D LOPMENT COMPAN , L.L.C., a Delaware limited liability company, on behalf of the limited liability company. Notary Public KRISTI K. ERAGER Nota y Public -Minnesota ."a MN Gommias€ort Expires Jan 31, 2020 [SIGNATURE PAGE TO CORRECTIVE ROAD, TRAIL, SLOPE, DRAINAGE AND UTILITY EASEMENT AGREEMENT] IN WITNESS WHEREOF, Opus and the City have executed this Corrective Road, Trail, Slope, Drainage and Utility Easement on the date set forth above. CITY OF EAGAN By Mike Maguire Its: Mayor By Christina M. Scipioni Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me on this day of , 2019 by Mike Maguire and Christina M. Scipioni the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation organized under the laws of the State of Minnesota, on behalf of the corporation. Notary Public DRAFTED BY: Briggs and Morgan, P.A. (BHM) 2200 IDS Center 80 South 8"' Street Minneapolis, MN 55402 EXHIBIT A Legal Description for Trail, Drainage and Utility Easement See attached. A-1 11819961v2 EASEMENT DESCRIPTION An Easement for Trail, Drainage and Utility purposes, over, under and across Outlot A, YMCA IST Addition, a plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Said Easement being described as follows: Commencing at the Northwest Corner of said Outlot A, thence along the southwesterly line of said Outlot A, being also the northeasterly Right of Way Line of State Trunk Highway No. 149, South 26 degrees 25 minutes 38 seconds East, a distance of 120.14 feet to the point of beginning of a line hereinafter referred to as Line A; thence North 71 degrees 23 minutes 04 seconds East, a distance of 30.34 feet to the point of termination of said Line A, and the Point of Beginning of said Easement herein described; thence South 09 degrees 56 minutes 52 seconds West, a distance of 16.97 feet; thence South 26 degrees 24 minutes 50 seconds East, a distance of 697.37 feet; thence South 63 degrees 35 minutes 10 seconds West, a distance of 10.00 feet; thence South 26 degrees 24 minutes 50 seconds East, a distance of 134.81 feet to the south line said Outlot A; thence along the South line of said Outlot A, North 63 degrees 34 minutes 45 seconds East, a distance of 24.00 feet, thence North 26 degrees 24 minutes 50 seconds West, a distance of 845.25 feet to the northeasterly extension of said Line A; thence South 71 degrees 23 minutes 04 seconds West along said Line A and its northeasterly extension, a distance of 3.97 feet to the Point of Beginning. I hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 24th day of June, 2019 SUNDE LAND URRVVEYI�NG,, LLC. By: !=------------ Leonard F. Carlson, P.L.S. Minn. Lic. No. 448990 SHEET I OF 2 SHEETS S11j)rNDE900I East Bloomington Freeway (350) • Suite IIB Bloomington, Minnesota 55420-3435 952-891-2455 (Fax: 952-888-9526) 91-015—EX 851/53 T.27, R.23, S.13 JILAND SURVEYING www.sunde.com 91015EX CORRECTIVE ESMT.dwg MT2 EXHIBIT B Depiction for Trail, Drainage and Utility Easement See attached. IM 11819961v2 NW CORNER /) r:)f,) [ E.) A ,/ A A / r'1 L) OF OUTLOT A l/i L / / V/^ / V L1/ -- N89°08 `06 "W 730.7/ -- ES88°51'00"E] - --, S26°25' 1 1 "E 120.14 1 p [S26 °25'38"E] LINE A POINT OF BEGINNING FOR TRAIL EASEMENT N71°23'31"E 30.34 [N71°23'04"E] ZQ ;-S71 °23'31 "W 3.97 [S-71*23'04"W] - Y = S09 '57'19"W [S09°56'52"W] CD 16.97 KD 0920 y — � ,Z.7 s r �G� \ \ ip� k.p 01 C. >r. O ti \ N �� O N <�� \ j,- 56� o �n RP��'• 5 PSR I ` FAp�(p 65 �NEOP 3 do" �"cp \ \ LIZ o0 c�636'�°5� SHEET 2 OF 0 100 200 ✓ --- ��' 2 SHEETS SUNDE 9001 Ecat Bloomington Freeway (350) • Suite I18 SCALE IN FEET Bloomington, Minnesota 55420-3435 952-881-2455 (Fox: 952-888-9526) 91-015—E 851/53 T-27, R.23, S.13 LAND SURVEYING www.sunde.com 91015E SLOPE ESMT VAC.dwg MT2 Agenda Information Memo July 2, 2019 Eagan City Council Meeting CONSENT AGENDA K. Contract 17-20, Quarry Road/Quarry Park Improvements Action To Be Considered: Approve the final payment for Contract 17-20 (Quarry Road/Quarry Park Improvements) in the amount of $57,227.11 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 17-20 provided for the street and park mitigation improvements to extend Quarry Road through Quarry Park under Project 1245. It also provided for the construction of Pickleball courts, trail, parking lot and relocated amenities, within Quarry Park, Project 1287, as approved in the Parks and Recreation Capital Improvement Plan (CIP). ➢ On March 20, 2018, the contract was awarded to McNamara Contracting Inc. for the base bid in the amount of $1,169,972.21. ➢ With the approval of the final payment, the total amount paid is 1.8% less than the revised contract. ➢ These improvements been completed, inspected by representatives of the Park and Public Works Departments, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (1) CK-1 Pay Details Quarry Road/Quarry Park Improvements City Contract 17-20 City Project 1245 & 1287 Original Contract Amount $ 1,169,972.20 Contract Amendment $ 15,687.00 Revised Contract Amount $ 1,185,659.20 Value Completed to Date $ 1,164,738.44 Amount Previously Paid $ 1,107,511.33 Final Payment $ 57,227.11 Amount less than Revised Contract $ 5,233.77 Percent less than Revised Contract - 1.8% * Explain if greater than 5% Agenda Information Memo July 2, 2019 Eagan City Council Meeting CONSENT AGENDA L. Water Meter Replacement/ Repair Program Surcharge Appeals Action To Be Considered: Approve the recommendations of the Public Works Committee regarding various appeals to the Water Meter Replacement/ Repair (R/R) Program (City Code 3.05) surcharges for the identified properties in accordance with the related City Ordinance . Facts: ➢ On May 15, 2012, the City Council adopted an amendment to City Ordinance 3.05 regarding the Rules and Regulations relating to Municipal Utilities that requires all properties connected to the municipal water utility to permit the city's designated utility employee onto the property and within the structure for purposes of the inspection, repair or replacement of the water meter. This action implemented the Water Meter Replacement/Repair (R/R) Program to ensure accurate water use measurement and payment. ➢ Part of the amendment, incorporated a fee schedule that provided for a surcharge to be placed against utility billing accounts for those properties that didn't schedule an inspection within the prescribed time frame. ➢ The Surcharge Fee is $150 per month for Single Family properties and $500 per month for all others. ➢ In anticipation of appeals, the Council directed the Public Works Committee to review any appeals and provide their recommendation back to the Council under the Consent Agenda. Staff has recently heard from property owners who want to appeal a related surcharge. ➢ At the June 18, 2019, Public Works Committee meeting, the Committee addressed the following surcharge appeals with the corresponding recommendations for the Council’s action. As a result of their review, the appeals are recommended to be granted with related surcharges waived. o Tom and Cindy Hoffman, 4108 Prairie Ridge Road: Water Meter Program – Remove $150 surcharge (utility account) o Lynn Langevin, 930 Wild Rose Court: Water Meter Program – Remove $150 surcharge (utility account) o Cordt Jamison, 4457 Woodgate Point: Water Meter Program – Remove $150 surcharge (utility account) o Ellen Harrison, 1669 Hickory Hill Drive: Water Meter Program – Remove $150 surcharge (utility account) o Denise Calkins, 4444 Woodgate Court: Water Meter Program – Remove $150 surcharge (utility account) Attachments: (0) Agenda Information Memo July 2, 2019 Eagan City Council Meeting CONSENT AGENDA M. Extension for Review of Lower Minnesota River Watershed District Draft Rules Action To Be Considered: Request 90-day extension to review draft rules of Lower Minnesota River Watershed District. Facts: ➢ The Lower Minnesota River Watershed District (LMRWD) encompasses the Minnesota River bluffs and bottoms from the City of Carver to the Mississippi River confluence. About 2,500 acres (11.9 %) of the City of Eagan is within the LMRWD, generally northwest of State Highway 13. ➢ In late April 2019, the LMRWD first notified cities it had developed draft rules to implement its watershed management plan, which it adopted October 2018. The LMRWD is developing regulations to give it authority to obtain municipal compliance with their plan, to provide a mechanism to verify compliance of local ordinances with LMRWD standards, and to provide for compliance audits. ➢ On May 14, the LMRWD coordinated a meeting with city representatives to present and discuss the draft rules and to provide its plans for a formal 45-day public review through submittal to the state Board of Water and Soil Resources (BWSR) at the end of July/early August. City of Eagan staff was unable to attend this meeting. ➢ Subsequently, the LMRWD requested cities to review and submit comments on the draft rules, before submission to BWSR, by June 7 and then by June 28, after several cities requested additional time to understand fully the potential impacts of the draft rules. ➢ On June 18 and 25, City of Eagan staff coordinated teleconferences with representatives of a majority of LMRWD cities. All city representatives had remaining concerns, questions, and uncertainties about the draft rules’ potential impacts and wanted additional time to review and discuss the draft rules within their communities. ➢ Eagan Public Works and Community Development staff has had insufficient time to review and understand fully the potential impacts of the draft rules. ➢ On June 18, the Public Works Committee met to discuss this item and directed City staff to bring this extension request to the City Council for approval. Attachments (1) CM-1 Lower Minnesota River Watershed District Draft Rules i | Page Lower Minnesota River Watershed District Draft Rules 1 2 3 4 Lower Minnesota River Watershed District 5 6 Draft Rules 7 April 2019 8 9 Lower Minnesota River Watershed District ii | Page Draft Rules 1 Rule A: Administrative and Procedural Requirements ........................................................................ 1-1 1 1.1 Municipal (LGU) General Permit ............................................................................................................ 1-1 2 1.2 Individual Permit .................................................................................................................................... 1-3 3 1.3 Permit and Inspection Fees .................................................................................................................... 1-7 4 1.4 Financial Assurances ............................................................................................................................... 1-8 5 1.5 Enforcement ........................................................................................................................................... 1-9 6 1.6 Coordination Rules ............................................................................................................................... 1-10 7 2 Rule B: Erosion and Sediment Control Rule ........................................................................................ 2-1 8 2.1 Policy ....................................................................................................................................................... 2-1 9 2.2 Regulation ............................................................................................................................................... 2-1 10 2.3 Exceptions ............................................................................................................................................... 2-1 11 2.4 Criteria .................................................................................................................................................... 2-1 12 2.5 Required Information and Exhibits ......................................................................................................... 2-4 13 3 Rule C: Floodplain and Drainage Alteration Rule ................................................................................ 3-1 14 3.1 Policy ....................................................................................................................................................... 3-1 15 3.2 Regulation ............................................................................................................................................... 3-1 16 3.3 Exceptions ............................................................................................................................................... 3-1 17 3.4 Criteria .................................................................................................................................................... 3-1 18 3.5 Required Information and Exhibits ......................................................................................................... 3-2 19 4 Rule D: Stormwater Management Rule .............................................................................................. 4-1 20 4.1 Policy ....................................................................................................................................................... 4-1 21 4.2 Regulation ............................................................................................................................................... 4-1 22 4.3 Exceptions ............................................................................................................................................... 4-1 23 4.4 Criteria .................................................................................................................................................... 4-2 24 4.5 Required Information and Exhibits ......................................................................................................... 4-5 25 5 Rule E: Shoreline and Streambank Alternation Rule ........................................................................... 5-1 26 5.1 Policy ....................................................................................................................................................... 5-1 27 5.2 Regulation ............................................................................................................................................... 5-1 28 5.3 Criteria .................................................................................................................................................... 5-1 29 5.4 Required Information and Exhibits ......................................................................................................... 5-2 30 6 Rule F: Steep Slopes Rule ................................................................................................................... 6-1 31 6.1 Policy ....................................................................................................................................................... 6-1 32 6.2 Regulation ............................................................................................................................................... 6-1 33 6.3 Exceptions ............................................................................................................................................... 6-1 34 Lower Minnesota River Watershed District iii | Page Draft Rules 6.4 Criteria .................................................................................................................................................... 6-2 1 6.5 Required Information and Exhibits ......................................................................................................... 6-2 2 7 Rule G: Water Appropriations Rule .................................................................................................... 7-1 3 7.1 Policy ....................................................................................................................................................... 7-1 4 7.2 Regulation ............................................................................................................................................... 7-1 5 7.3 Criteria .................................................................................................................................................... 7-1 6 7.4 Required Information and Exhibits ......................................................................................................... 7-1 7 8 Rule H: Water Crossing Rule ............................................................................................................... 8-1 8 8.1 Policy ....................................................................................................................................................... 8-1 9 8.2 Regulation ............................................................................................................................................... 8-1 10 8.3 Exceptions ............................................................................................................................................... 8-1 11 8.4 Criteria .................................................................................................................................................... 8-1 12 8.5 Required Information and Exhibits ......................................................................................................... 8-2 13 14 Table of Figures 15 Figure 1 Lower Minnesota River Watershed District—High Value Resources Area Overlay District Map 16 Figure 2 Lower Minnesota River Watershed District—Steep Slopes Overlay District Map 17 18 19 20 Lower Minnesota River Watershed District iv | Page Draft Rules Definitions 1 Regarding these Rules, unless the context otherwise requires, the following terms are defined below. 2 References in these Rules to specific sections of the Minnesota Statutes or Minnesota Rules include 3 amendments, revisions, or recodifications of such sections. The words “shall” and “must” indicate a 4 mandatory rule, and the word “may” indicates a permissive rule. The following definitions and 5 acronyms apply to the District rules and accompanying guidance materials. 6 Abstractions: Removal of stormwater from runoff by such methods as infiltration; evaporation; 7 transpiration by vegetation; and capture and reuse, such as capturing runoff for use as irrigation water. 8 Agricultural Activity: The use of land for the growing and/or production of agronomic, horticultural, or 9 silvicultural crops, including nursery stock, sod, fruits, vegetables, flowers, cover crops, grains, 10 Christmas trees, and grazing. 11 Alteration or Alter: When used in connection with public waters or wetlands, is any activity that will 12 change or diminish the supply, course, current, or cross section of public waters or wetlands. 13 Atlas 14: Precipitation frequency estimates released by the National Oceanic and Atmospheric 14 Administration’s National Weather Service Hydrometeorological Design Studies Center. The 15 information supersedes precipitation frequency estimates in Technical Paper No. 40 (1961), National 16 Weather Service HYDRO-35 (1977), and Technical Paper No. 49 (1964). 17 Base Flood Elevation: The computed elevation to which floodwater is anticipated to rise during the 18 base flood. Base flood elevations are shown on flood insurance rate maps (FIRMs) and on the flood 19 profiles. 20 Best Management Practices, or BMPs: Structural or nonstructural methods used to treat runoff, 21 including such diverse measures as ponding, street sweeping, filtration through a rain garden, and 22 infiltration to a gravel trench. 23 Bioengineering: Various shoreline and stream bank stabilization techniques using aquatic vegetation 24 and native upland plants along with techniques such as willow wattling, brush layering, and willow 25 posts. 26 Buffer Zone: An area consisting of perennial vegetation, excluding invasive plants and noxious weeds, 27 adjacent to a waterbody that protects water resources from runoff pollution; stabilizes soils, shores, and 28 banks; and protects or provides riparian corridors. 29 Compensatory Storage: Excavated volume of material below the floodplain elevation required to offset 30 floodplain fill. 31 Construction Activity: Disturbance to the land that results in a change in the topography, existing soil 32 cover (both vegetative and nonvegetative), or existing soil topography that may result in accelerated 33 stormwater runoff, leading to soil erosion and the movement of sediment into surface waters or drainage 34 systems. 35 Development: The construction of any public or private improvement project, infrastructure, structure, 36 street, or road or the subdivision of land. 37 Dewatering: The removal of water for construction activity. 38 Lower Minnesota River Watershed District v | Page Draft Rules Drain or Drainage: Any method for removing or diverting water from waterbodies, including 1 excavation of an open ditch and installation of subsurface drainage tile, filling, diking, or pumping. 2 Easement: The right to use another owner’s land for a specified use, which may be granted for the 3 purpose of constructing and maintaining walkways, roadways, subsurface sewage treatment systems, 4 utilities, drainage, driveways, and other uses. 5 Erosion: The wearing away of the ground surface as a result of wind, flowing water, ice movement, or 6 land-disturbing activities. 7 Erosion and Sediment Control Plan: A plan of BMPs or equivalent measures designed to control 8 runoff and erosion and to retain or control sediment on land during the period of land-disturbing 9 activities in accordance with the applicable Rule. 10 Excavation: The intentional removal of soil or other earth material. 11 Existing Conditions: Site conditions at the time of application consideration by the LGU or District 12 before any of the work has commenced, except that, when impervious surfaces have been fully or 13 partially removed from a previously developed parcel but no intervening use has been legally or 14 practically established, “existing conditions” denotes the parcel’s previously established developed use 15 and condition. 16 FEMA: Federal Emergency Management Agency. 17 Fens: Rare and distinctive wetlands characterized by a substrate of nonacidic peat and dependent on a 18 constant supply of cold, oxygen-poor groundwater rich in calcium and magnesium bicarbonates. 19 Fill: Any rock, soil, gravel, sand, debris, plant cuttings, or other material placed onto land or into water. 20 Floodplain: The area adjacent to a waterbody that is inundated during a 100-year flood. 21 Floodway: The channel of the river or stream and the adjacent land that must remain free from 22 obstruction so that the 100-year flood can be conveyed downstream. 23 Fully Reconstructed: The reconstruction of an existing impervious surface that involves site grading 24 and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are 25 not considered fully reconstructed. 26 Groundwater Recharge: The replenishment of groundwater storage through infiltration of surface 27 runoff into subsurface aquifers. 28 High Value Resources Area, or HVRA: Portion of land (or a watershed) that contributes runoff to a 29 trout water and/or fen within the Lower Minnesota River Watershed District. 30 H: V: horizontal: vertical. 31 Impervious Surface: A constructed hard surface that either prevents or retards the entry of water into 32 the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than 33 before development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage 34 areas, concrete, asphalt, and gravel roads or other areas of compacted gravel. 35 Infiltration: A passage of water into the ground through the soils. 36 Lower Minnesota River Watershed District vi | Page Draft Rules Infrastructure: The system of public works for a county, state, or municipality, including but not 1 limited to structures, roads, bridges, culverts, and sidewalks; stormwater management facilities, 2 conveyance systems, and pipes; pump stations, sanitary sewers, and interceptors; hydraulic structures, 3 permanent erosion control, and stream bank protection measures; water lines, gas lines, electrical lines, 4 and associated facilities; and phone lines and supporting facilities. 5 Land-Disturbing Activity: Any change of the land surface to include removing vegetative cover, 6 excavating, fill, grading, stockpiling soil, and constructing any structure that may cause or contribute to 7 eroding or moving sediment into water bodies. Land use for new and continuing agricultural activities 8 shall not constitute a land-disturbing activity under these Rules. 9 Landlocked Basin: A localized depression that does not have a natural outlet at or below the 100-year 10 flood elevation. 11 Linear Project: Construction or reconstruction of a public road, sidewalk, or trail or construction, 12 repair, or reconstruction of a utility or utilities that is not a component of a larger contemporaneous 13 development or redevelopment project. 14 Local Government Unit (LGU): Entity such as a city or county. 15 Local Water Plan (LWP): A plan adopted by each municipality pursuant to Minnesota Statutes 16 103B.235. 17 MNDOT: Minnesota Department of Transportation. 18 MPCA: Minnesota Pollution Control Agency. 19 MPCA General Construction Permit: General Permit Authorization to Discharge Storm Water 20 Associated with Construction Activity under the National Pollutant Discharge Elimination System/State 21 Disposal System Permit Program, Permit MN R100001 (NPDES General Construction Permit), issued 22 by the Minnesota Pollution Control Agency, August 1, 2018, and as amended. 23 Municipality: Any city or township wholly or partly within the Lower Minnesota River Watershed 24 District. 25 Natural Vegetation: Any combination of ground cover, understory, and tree canopy that, although 26 human activity may have altered it, continues to stabilize soils, retain and filter runoff, provide habitat, 27 and recharge groundwater. 28 NAVD: North American Vertical Datum. 29 Nested: A hypothetical precipitation distribution whereby the precipitation depths for various durations 30 within a storm have the same exceedance probabilities. This distribution maximizes the rainfall 31 intensities by incorporating selected short-duration intensities within those needed for longer durations 32 at the same probability level. As a result, the various storm durations are “nested” within a single 33 hypothetical distribution. Nested-storm distribution (or frequency-based hyetograph) development must 34 be completed using the most recent applicable National Weather Service reference data (e.g., Atlas 14), 35 in accordance with 36 Lower Minnesota River Watershed District vii | Page Draft Rules a. the alternating block methodology, as outlined in Chapter 4 of the HEC-HMS (Hydrologic 1 Engineering Center-Hydrologic Modeling System) Technical Reference Manual (USACE, 2 2000); 3 b. methods in HydroCAD; 4 c. methods established by the Natural Resources Conservation Service; or 5 d. otherwise as approved by the District. 6 Reference: US Army Corps of Engineers. 2000. Hydrologic Modeling System: HEC-HMS Technical 7 Reference Manual. 8 Nondegradation: For purposes of these rules, nondegradation refers to the regulatory policy stated in 9 Minnesota Administrative Rules 7050.0185, and as amended. 10 NOT: Notice of Termination. 11 NPDES: National Pollutant Discharge Elimination System. 12 Ordinary High Water Level (OHWL): Ordinary high water level, as defined by the Minnesota 13 Department of Natural Resources, means the boundary of water basins, watercourses, public waters, and 14 public waters wetlands, and 15 a. the OHWL is an elevation delineating the highest water level maintained for a sufficient period 16 of time to leave evidence upon the landscape, commonly the point where the natural vegetation 17 changes from predominantly aquatic to predominantly terrestrial; 18 b. for watercourses, the OHWL is the elevation of the top of the channel bank; and 19 c. for reservoirs and flowages, the OHWL is the operating elevation of the normal summer pool. 20 Overlay District: A district established by Lower Minnesota River Watershed District rules/regulations 21 that may be more or less restrictive than the primary District’s rules/regulations. Where a property is 22 located within an overlay district, it is subject to the provisions of both the primary rules/regulations and 23 those of the overlay district. 24 Owner: Any individual, firm, association, partnership, corporation, trust, or other legal entity having 25 proprietary interest in the land. 26 Person: Any individual, trustee, partnership, unincorporated association, limited liability company, or 27 corporation. 28 Practical Difficulties: As defined in Minnesota Statutes section 462.357, subdivision 6. 29 Public Drainage System: Any drainage system as defined in Minnesota Statutes 103E.005, subdivision 30 12. 31 Public Project: Land development or redevelopment or other land-disturbing activity for which a 32 District permit is required that is conducted or sponsored by a federal, state, or local governmental 33 entity. 34 Public Waters: Waters as defined in Minnesota Statutes 103G.005, subdivision 15, and included in the 35 public waters inventory. 36 Lower Minnesota River Watershed District viii | Page Draft Rules Qualified Professional: A person, compensated for her/his service, possessing the education, training, 1 experience, or credential to competently perform or deliver the service provided. 2 Redevelopment: Any construction or improvement performed on sites where the existing land use is 3 commercial, industrial, institutional, or residential. 4 Runoff: Rainfall, snowmelt, or irrigation water flowing over the ground surface. 5 Sediment: The solid mineral or organic material that is in suspension, is being transported, or has been 6 moved from its original location by erosion and deposited at another location. 7 Sedimentation: The process or action of depositing sediment. 8 Shoreland District: Shoreland areas regulated by a local municipal or county shoreland ordinance or by 9 Minnesota Statutes 103F. Generally, a shoreland district consists of land located within a floodplain, 10 within 1,000 feet of the ordinary high-water level of a public water or public waters wetland, or within 11 300 feet of a stream or river. 12 Shoreline: The lateral measurement along the contour of the ordinary high water level of waterbodies 13 other than watercourses, the top of the bank of the channel of watercourses, and the area waterward 14 thereof. 15 Site: A contiguous area of land under common ownership, designated and described in official public 16 records and separated from other lands. 17 Standard: A preferred or desired level of quantity, quality, or value. 18 Steep Slope: A natural topographic feature having average slopes of 18 percent or greater measured 19 over a horizontal distance of 25 feet or more. 20 Steep Slopes Overlay District: A district containing steep slope areas established by Lower Minnesota 21 River Watershed District rules/regulations that is subject to the provisions of both the primary rules/ 22 regulations and those of the overlay district. 23 Stormwater: Water discharged to natural and artificial conveyance or holding systems resulting from 24 precipitation, including rainfall and snowmelt. 25 Structure: Anything manufactured, constructed, or erected that is normally attached to or positioned on 26 land, including portable structures, earthen structures, water and storage systems, drainage facilities, and 27 parking lots. 28 Subsurface Sewage Treatment System, or SSTS: A sewage treatment system or part thereof serving a 29 dwelling, other establishment, or group thereof and using sewage tanks followed by soil treatment and 30 disposal or using advanced treatment devices that discharge below final grade. A subsurface sewage 31 treatment system includes holding tanks and privies. 32 Subwatershed: A portion of land (or a watershed) contributing runoff to a particular point of discharge. 33 Surface Water: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage 34 systems, waterways, watercourses, and irrigation systems regardless of whether natural or artificial, 35 public or private. 36 Thalweg: A line following the lowest points of a valley, river, stream, or creek bed. 37 Lower Minnesota River Watershed District ix | Page Draft Rules TP: Total phosphorus. 1 Trout Waters: Lakes or streams that support a population of stocked or naturally produced trout. 2 TSS: Total suspended solids. 3 Waterbody: All surface waters, watercourses, and wetlands as defined in these Policies. 4 Watershed: A region draining to a specific watercourse or water basin. 5 Wellhead Protection Plan: A document that provides for the protection of a public water supply, 6 submitted to the Minnesota Department of Health, that is implemented by the public water supplier and 7 complies with (a) the wellhead protection elements specified in the 1986 amendments to the Federal 8 Safe Drinking Water Act, United States Code, title 42, chapter 6A, subchapter XII, part C, section 300h-9 7 (1986 and as subsequently amended) and (b) Minnesota Rules parts 4720.5200 to 4720.5290. 10 Wetland: Any land as defined in Minnesota Statutes 103G.005, subdivision 19. 11 12 1-1 | Page Lower Minnesota River Watershed District Draft Rules 1 Rule A: Administrative and Procedural Requirements 1 Pursuant to Minnesota Statutes chapter 103D, on October 24, 2018, the Lower Minnesota River 2 Watershed District (District) adopted its Board of Water and Soil Resources–approved watershed 3 management plan (Plan). The Plan incorporates management standards that form the foundation of these 4 rules. Implementation of these rules is required by municipalities or local government units (LGUs) on 5 all other projects within their jurisdiction and by the District on projects within unincorporated areas and 6 on Minnesota Department of Transportation (MnDOT) right-of-way, with the exception of the Shoreline 7 and Streambank Alteration, Water Appropriations and Water Crossing rules, which the Minnesota 8 Department of Natural Resources (DNR) will administer with input from the District. 9 1.1 Municipal (LGU) General Permit 10 1.1.1 Policy 11 It is the policy of the District to 12 a. recognize that control and determination of appropriate land use is the responsibility of LGUs; 13 b. hold LGUs to the requirement of Minnesota Statutes section 103G.235, subdivision 1, that each 14 adopt the official controls necessary to bring local water management into conformance with the 15 Plan; 16 c. present minimum threshold requirements and allow LGUs to adopt more restrictive 17 requirements; 18 d. recognize that the authorities and procedures that LGUs use in implementing these rules will not 19 be identical and that, therefore, some LGUs may occasionally need language and procedures that 20 vary from the language and procedures outlined herein; and 21 e. coordinate with and cover all LGUs with compliant local controls under a general District 22 permit. 23 1.1.2 Regulation 24 All LGUs must obtain a general District permit highlighting how they intend to implement and enforce 25 these rules through official controls, in accordance with Minnesota Statutes 103B.235, on or before May 26 1, 2020. 27 1.1.3 Application 28 An LGU must submit an application packet to the District to obtain a general District permit under these 29 rules on or before February 7, 2020. The submitted permit application must address how the LGU’s 30 official controls adhere to these rules. LGUs are encouraged to contact the District on or before January 31 1, 2020, to begin this process; this allows for nonbinding, informal review to conformity with the 32 District’s rules before the May 1, 2020, implementation deadline. 33 a. Permit application packets are due on or before February 7, 2020. The District has up to 60 34 business days to take action on a submitted permit application that is considered complete. 35 b. Application forms can be obtained from the District office or downloaded on the District website 36 at www.lowermnriverwd.org/. 37 Lower Minnesota River Watershed District 1-2 | Page Draft Rules c. Permit applications must be signed by the City Administrator, Water Resources Engineer, or 1 designated City staff upon authorizing action of the LGU’s governing board or council. 2 d. All permit application packets must include a completed application form and all required 3 exhibits. These documents must be electronically submitted to the District in .pdf format. 4 Compliance with these specifications will be used to determine whether an application is 5 complete. The District will not act on an incomplete permit application and will notify LGUs 6 within 15 business days of receiving the application if it is not complete. 7 1.1.4 Permit Renewal 8 Permit approval is valid for five calendar years from the permit approval date, with or without 9 conditions, unless otherwise specified. This does not include suspended or revoked permits. Substantive 10 changes, such as updates to official controls that affect the specific standards identified in the Plan, 11 require a new permit application. To renew or assign a permit, the original permittee must notify and 12 provide an explanation to the District, in writing, before the permit expiration date. 13 When approved by the District, the permittee may assign a permit to another LGU. Approval may be 14 granted if 15 a. the proposed assignee agrees in writing to assume responsibility for compliance of all terms and 16 conditions of the permit as issued; and 17 b. at the time of the request, there are no pending violations of the permit or conditions of approval. 18 If the District finds that the proposed assignee has not demonstrated the ability to fulfill the permit 19 terms, it may impose new or additional conditions or deny the permit renewal or assignment. The 20 assignment of a permit does not extend the permit term. 21 1.1.5 Audit Process 22 The District reserves the right to conduct periodic audits and/or inspections of LGU programs, project 23 approvals, permits, and other processes to assess conformance with the general permit, the standards 24 identified in the Plan, and these Rules. 25 1.1.6 Suspension or Revocation 26 The District may revoke or suspend an issued permit if the permit was issued based upon inaccurate 27 information provided by the permittee, the permittee has not demonstrated the ability to fulfill the permit 28 terms, or the permittee fails an audit. 29 1.1.7 Enforcement 30 LGUs are responsible for implementing and enforcing local water plans (LWPs) covering their 31 jurisdictions. To avoid unnecessary duplication of permitted programs, the District anticipates providing 32 oversight to confirm that LWPs, including these Rules and local controls, are properly implemented and 33 enforced. Oversight will include spot checks of municipal projects and program audits. If the LGU is 34 found noncompliant, the District will work with the LGU to correct the issue. However, if problems 35 persist, the District may revoke or suspend the general permit and require individual permits, issued by 36 the District, for all activities covered by these Rules. The District may also pursue remedies as provided 37 by law to ensure compliance with these Rules. 38 Lower Minnesota River Watershed District 1-3 | Page Draft Rules The District will not be responsible for liabilities, costs, and damages caused by the LGU’s lack of 1 proper implementation. 2 1.1.8 Variance 3 It is the District’s policy to allow LGUs to grant variances and issue conditional use permits according 4 to processes for such actions contained in existing local controls, except for the professional certification 5 requirement for steep slopes. The District shall be notified of requested variances and conditional use 6 permits and be allowed to provide comment on the requested action. Variances that would circumvent 7 the intent and purposes of these rules shall not be granted. 8 1.1.9 Permits Subject to Rule F: Steep Slope Rule 9 Upon showing, to the satisfaction of the District, that the LGU has enacted and is following official 10 controls necessary to meet the intent of these rules, the District may issue an exception to the rule for 11 projects with land-disturbing activities that require a municipal grading, building, parking lot, or 12 foundation permit that impact less than 50 cubic yards or less than 5,000 square feet of surface area or 13 vegetation. The exception, if issued, will be documented in a Memorandum of Agreement, wherein the 14 LGU must agree (1) that it will enforce its official controls; (2) that the exception will terminate if the 15 LGU amends its official controls such that they no longer meet the intent of these rules; and (3) that the 16 LGU will provide notice to the District of all permits issued under the exception. 17 1.2 Individual Permit 18 1.2.1 Policy 19 An individual permit is required for projects proposed by the MNDOT and all projects occurring in 20 unincorporated areas of the District (i.e., where there is no LGU exercising official controls). 21 Except where a municipal general permit has been issued and remains in effect (i.e., has not been 22 revoked or suspended), a person undertaking an activity for which these rules require a permit must 23 obtain the required permit from the District before commencing the regulated activity. 24 1.2.2 Application 25 An application must be submitted to the District to obtain a permit for all projects subject to these rules. 26 Applicants are strongly advised to contact the District early in the project development process. This 27 will allow for a nonbinding, informal review to assess conformity with District rules. 28 Permit applications are due 20 business days before the monthly board meeting to be considered at that 29 board meeting. The District will act on permit applications in a manner consistent with Minnesota 30 Statutes section 15.99. 31 a. Application forms can be obtained from the District office or downloaded on the District website 32 at www.lowermnriverwd.org/. 33 b. The project/property owner must sign all permit applications. 34 35 c. All permit application packets must include a completed application form, all required exhibits, 36 and a check (if applicable). These documents can be electronically submitted to the District in 37 Lower Minnesota River Watershed District 1-4 | Page Draft Rules .pdf format. Applicable fees should be mailed to the District office. See the District website for 1 the most current fee schedule. Compliance with these specifications will be used to determine 2 whether an application is complete. The District will not act on an incomplete permit application. 3 If the application is not complete, the District will notify applicants within 15 business days of 4 receiving it. 5 d. A public entity undertaking emergency activity immediately necessary to protect life or prevent 6 substantial physical harm to persons or property may submit an application within 30 days of 7 commencing the work. The emergency activity must be brought into compliance with District 8 rules in a timely manner. 9 1.2.3 Conditional Approval 10 The District may conditionally approve an application; however, it will not issue the permit until the 11 applicant has met all approval conditions. The applicant must demonstrate clear intent to comply with 12 these Rules and all conditional approval requirements that the District has outlined. All conditions must 13 be met 12 months from the date conditional approval was granted. After this timeframe, the conditional 14 approval will expire. 15 1.2.4 Reconsideration 16 An applicant aggrieved by the District’s decision regarding a permit application may file a notice of 17 reconsideration. 18 a. A notice of reconsideration must be filed with the District within 10 business days of the board 19 meeting at which the original decision was made. The notice must include a statement 20 identifying the specific conditions and findings to be reconsidered. 21 b. The District will schedule a reconsideration of the matter by the Board of Managers. The 22 applicant will receive a notice of the reconsideration date at least 20 business days in advance. 23 c. The applicant may supplement existing permit exhibits with additional documentation and 24 submit all additional exhibits to the District no later than 10 business days before the date of the 25 reconsideration. 26 d. In accordance with Minnesota Statutes section 103D.345, subdivision 2, an applicant will 27 assume the analytical costs incurred by the District while conducting a reconsideration. Costs 28 will not be recovered when the applicant is a local, state, or federal governmental body. 29 e. Once an applicant has filed a notice for reconsideration, the underlying permit decision will be 30 suspended until the Board of Managers issues a final decision on the reconsideration. 31 f. The District’s decision on the reconsideration constitutes the final decision on the application. 32 1.2.5 Appeal 33 Pursuant to Minnesota Statutes section 103D.537, an applicant may appeal a permit decision or order 34 made by the managers by a declaratory judgment action brought under Minnesota Statutes chapter 555. 35 An applicant must file an appeal of a permit decision or order within 30 days of the managers’ decision. 36 An applicant may request a meeting with the dispute resolution committee of the Board of Water and 37 Soil Resources to informally resolve a dispute before initiating a declaratory judgment action. 38 Lower Minnesota River Watershed District 1-5 | Page Draft Rules 1.2.6 Permit Assignment and Renewal 1 Permit approval is valid for one calendar year from the date the permit was approved, with or without 2 conditions, unless otherwise specified. This does not include permits suspended or revoked. To renew or 3 assign permit approval, the original permittee must notify and provide an explanation to the District in 4 writing before the permit expiration date. The District may impose different or additional conditions on 5 the permit renewal or deny the renewal if there is a significant change in the work proposed. The first 6 renewal request will not be subject to new or additional requirements solely because of a change in the 7 District’s rules where substantial progress has been made toward the completion of the permitted 8 project. Applicants wishing to continue projects for which permit approval has expired must reapply for 9 a permit and pay associated fees. All District rules in effect at the time of the reapplication will apply. 10 When approved by the District, the permittee may assign a permit to another party. Approval may be 11 granted if 12 a. the proposed assignee agrees in writing to assume responsibility for compliance with all terms 13 and conditions of the permit as issued; 14 b. at the time of the request, there are no pending violations of the permit or conditions of approval; 15 and 16 c. the proposed assignee has provided any required financial assurance necessary to complete the 17 permitted project. 18 If the District finds that the proposed assignee has not demonstrated the ability to fulfill the permit 19 terms, it may impose new or additional conditions or deny the permit assignment. The assignment of a 20 permit does not extend the term of the permit. 21 1.2.7 Suspension or Revocation 22 The District may revoke or suspend an issued permit under these rules if the permit was issued on the 23 basis of incorrect or erroneous information that the applicant supplied to the District, for failure to meet 24 permit conditions or correct violations of permit conditions, or for failure to meet the requirements of a 25 conditional approval. 26 1.2.8 Variance 27 The Board of Managers may consider a request for a variance from compliance with these rules. To 28 grant a variance, the applicant must demonstrate the following: 29 a. Practical Difficulties 30 “Practical difficulties” is a legal standard set forth in law that regulatory authorities must apply when 31 considering applications for variances. It is a three-factor test and applies to all requests for variances. 32 To constitute practical difficulties, all three factors of the test must be satisfied. 33 i. The applicant proposes to use the property in a reasonable manner. This factor means that 34 the applicant would like to use the property in a particular reasonable way but cannot do 35 so under the regulatory rule. It does not mean that the land cannot be put to any 36 reasonable use whatsoever without the variance. Activities causing environmental 37 degradation, creating increased risk of damage to property or public or private 38 Lower Minnesota River Watershed District 1-6 | Page Draft Rules infrastructure, or unable to be certified as suitable for site conditions may not be 1 considered reasonable. 2 ii. The applicant’s problem is caused by circumstances unique to the property and are not 3 caused by the applicant. The uniqueness generally relates to the physical characteristics 4 of the particular piece of property, that is, to the land and not to personal characteristics 5 or preferences of the landowner. 6 iii. The variance, if granted, will not alter the locality’s essential character. Under this factor, 7 consider whether the resulting structure or land modification will be out of scale, out of 8 place, or otherwise inconsistent with the surrounding area. 9 b. Additional Considerations 10 i. The activity for which the variance is sought will not adversely affect water resources, 11 flood levels, or drainage in the District. 12 ii. A better natural resource protection or enhancement can be achieved by the proposed 13 project if a variance is approved. 14 c. Term and Revocation 15 A variance granted by the District remains valid as long as the activity for which the variance was 16 granted remains consistent with the conditions of the underlying permit. A variance may be revoked 17 if the activity for which the variance was granted is abandoned. 18 1.2.9 After-the-Fact Permits 19 Any work requiring a permit that is performed without a permit is subject to enforcement and restoration 20 under Minnesota Statutes 103D. The District may grant an after-the-fact permit in certain situations. The 21 work sought to be permitted by an after-the-fact permit must have been capable of receiving a permit 22 before the work was performed or must be capable of correction to meet the intent or performance 23 standards of these Rules. Because an after-the-fact permit will require increased investigation of the 24 conditions of the unauthorized work, an increased inspection fee may be required before processing the 25 after-the-fact permit. After-the-fact inspection fees are found District website at 26 www.lowermnriverwd.org/. 27 If the work does not qualify for a permit, no after-the-fact permit shall be issued, and corrective actions 28 may be sought pursuant to Minnesota Statutes 103D.545 and 103D.551. Before considering an after-the-29 fact permit application, the District may require that the property be returned to the condition that 30 existed before the unpermitted work was performed. 31 a. Completed Work 32 If, after inspection, the unauthorized work is found to comply with these Rules or the performance 33 standards herein, the after-the-fact permit shall be issued to the applicant without further cost. If, 34 after inspection, the unauthorized work is found not to comply with these Rules or the performance 35 standards herein, further inspection and permit processing may be required, including additional 36 inspection fees. An after-the-fact permit may require correction work and be subject to additional 37 conditions. 38 Lower Minnesota River Watershed District 1-7 | Page Draft Rules b. Incomplete Work 1 For work in progress, work must cease and the work site must be stabilized until a permit is issued. 2 Standard administrative procedures shall apply to the application, except for increased inspection 3 fees as described above. For any portion of work completed that does not meet performance 4 standards herein, deficiencies must be corrected as a condition of permit issuance. 5 c. Emergency Work 6 An after-the-fact permit may be required after emergency work. If the work is deemed an emergency 7 and otherwise performed in compliance with these Rules or the performance standards herein, the 8 after-the-fact permit shall be issued to the applicant without cost. If the work is deemed an 9 emergency but is not otherwise performed in compliance with these Rules or the performance 10 standards herein, the after-the-fact permit shall be issued to the applicant without any increased cost, 11 rather than that required for a before-the-fact permit. If the work is not deemed an emergency, the 12 standard after-the-fact permit requirements will apply. In all cases, an after-the-fact permit may 13 include conditions to correct any damage caused by the emergency work. 14 1.2.10 Enforcement 15 The District may pursue remedies as provided by law to ensure compliance with an issued permit, 16 variance, or permit condition. 17 1.3 Permit and Inspection Fees 18 1.3.1 Policy 19 It is the determination of the Board of Managers that 20 a. charging a minimal permit application fee will increase public awareness of and compliance with 21 District permitting requirements and will reduce enforcement and inspection costs; 22 b. the public interest will benefit from inspection by District staff of certain large-scale projects in 23 locations presenting particular risk to water resources to provide the Board of Managers with 24 sufficient information to evaluate compliance with District rules and applicable law; and 25 c. from time to time, persons perform work requiring a permit from the District without a permit, 26 and persons perform work in violation of an issued District permit. The Board of Managers 27 determines that its costs of inspection and analysis in such cases will exceed costs incurred 28 where an applicant has complied with District requirements. 29 1.3.2 Requirement 30 The District will charge applicants permit and inspection fees in accordance with a schedule that will be 31 maintained and revised from time to time by resolution of the Board of Managers to ensure that permit 32 fees cover the District’s actual costs of administrating and enforcing permits and the actual costs related 33 to field inspections of permitted projects, such as investigation of the area affected by the proposed 34 activity, analysis of the proposed activity, services of a consultant, and any required subsequent 35 monitoring of the proposed activity. Costs of monitoring an activity authorized by permit may be 36 charged and collected as necessary after permit issuance. The fee schedule may be obtained from the 37 District office or the District’s website at http://lowermnriverwd.org/. A permit applicant must submit 38 Lower Minnesota River Watershed District 1-8 | Page Draft Rules the required permit fee to the District at the time it submits the relevant permit application. The fee 1 provided by this rule will not be charged to any agency of the United States or any governmental unit or 2 political subdivision of the State of Minnesota. 3 1.4 Financial Assurances 4 1.4.1 Policy 5 It is the District’s policy to protect and preserve the water resources within the District by requiring 6 financial performance assurances with a permit application. Such assurances will ensure adequate 7 adherence to District rules when performing authorized activities. 8 1.4.2 Requirement 9 The District may require a performance bond, letter of credit, or other financial assurance in a form 10 approved by the District for an activity permitted under these rules. A financial assurance will not be 11 required of any agency of the United States or any governmental unit of the State of Minnesota. 12 1.4.3 Criteria 13 Financial assurances required pursuant to this rule must be issued in compliance with the following 14 District criteria: 15 a. The financial assurance must be a performance bond, letter of credit, cash deposit, or other form 16 acceptable to the District. Commercial financial assurances must be from an issuer licensed and 17 doing business in the State of Minnesota. 18 b. Any bond issued under this section shall be executed by such sureties as are named in the list of 19 “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as 20 Acceptable Reinsuring Companies,” as published in Circular 570 (amended) by the Financial 21 Management Service, Surety Bond Branch, US Department of the Treasury. All bonds signed by 22 an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s 23 authority to bind the surety. The evidence of authority shall show that it is effective on the date 24 the agent or attorney-in-fact signed each bond. 25 c. Financial assurances must be issued in favor of the District and are contingent upon the 26 applicant’s compliance with the issued permit and payment of District fees. The financial 27 assurance must state that, in the event of financial assurance conditions not being met, the 28 District may make a claim against it. If the District makes a claim against a financial assurance, 29 the full amount of the financial assurance required must be restored within 20 business days. 30 d. The financial assurance must be effective for a minimum of three years from the date it was 31 issued. The District may require the financial assurance to remain in place until all project 32 components are stabilized and verified to be functioning to permitted specifications. The 33 financial assurance must contain a provision that it may not be released without the District’s 34 consent. 35 e. The permit applicant must submit the financial assurance. The financial assurance principal may 36 be the landowner or the individual or entity undertaking the proposed activity. 37 f. Financial assurance will be released only under the terms of section 1.4.4. 38 Lower Minnesota River Watershed District 1-9 | Page Draft Rules g. No interest will be paid on financial assurances held by the District. 1 h. The District Board of Managers will set the amount of financial assurances by resolution. 2 Financial assurance amounts are set to cover potential liabilities to the District, including but not 3 limited to the following: 4 i. Field inspections and monitoring 5 ii. Maintaining and implementing erosion and sediment control and other protections as the 6 permit requires 7 iii. Planting and establishing buffer area 8 iv. Remediation of damages resulting from noncompliance with the permit or for which the 9 permittee is otherwise responsible 10 1.4.4 Financial Assurance Release 11 Once the District has received written notification of project completion, it will promptly inspect the 12 project to determine whether the project was constructed in accordance with the issued permit and 13 District rules. If the project is found in compliance, all practices and project components are stabilized, 14 all practices and project components are verified to be functioning to permitted specifications, all 15 required documentation has been submitted and approved by the District, and all permit fees have been 16 paid, the District will release the financial assurance. 17 Further, upon written notice, a portion of the assurance may be released if the District finds that the 18 entire amount is not needed to ensure compliance. After inspection, the District will determine what 19 portion, if any, of the financial assurance can be released. If a portion of the financial assurance is not 20 released, the District will notify the permittee of the outstanding compliance matters to address. 21 1.4.5 Financial Assurances by Rule 22 Financial assurance required for a particular permit will include a 10 percent contingency and a 30 23 percent administrative-costs amount in addition to the amounts calculated according to the schedule 24 above. No financial assurance is required for a project undertaken by or for a resident owner on a single-25 family home site requiring only a permit under Erosion and Sediment Control, unless the Board of 26 Managers determines that the project presents a significant risk of damage to water resources from 27 erosion. See the fee schedule policy on the District’s website for additional information. 28 1.5 Enforcement 29 1.5.1 Investigation of Noncompliance 30 District staff, agents, and contractors may enter and inspect a property within the watershed to determine 31 if a violation of permit conditions or District rules has occurred. 32 1.5.2 Informal Resolution of Noncompliance 33 Before initiating formal proceedings (see below), the District and its staff shall attempt to informally 34 resolve incidences of noncompliance (i.e., by voluntary corrective actions or after-the-fact permitting). 35 1.5.3 Board Hearing; Administrative Compliance Order 36 Lower Minnesota River Watershed District 1-10 | Page Draft Rules The District will provide the permittee or landowner with reasonable notice when a compliance hearing 1 will take place. An opportunity to be heard by the Board of Managers will be allotted at the compliance 2 hearing, during which the permittee or landowner can address the finding of probable violation. At the 3 hearing’s conclusion, the District may issue a compliance order. 4 1.5.4 District Court Enforcement 5 The District Board of Managers may seek judicial enforcement of an order and recovery of associated 6 legal costs and fees, as provided by Minnesota Statutes chapter 103D. 7 1.5.5 Liability for Enforcement Costs 8 The permittee or owner of a property subject to the District’s enforcement action will be liable for 9 associated costs incurred by the District. Such costs include but are not limited to inspection and 10 monitoring, engineering, technical analysis, and legal and administrative expenses. 11 1.6 Coordination Rules 12 Rules herein pertaining to water appropriations, shoreline and streambank alterations, and water 13 crossings do not require District permits. Rather, these rules set conditions for the District’s coordination 14 with the DNR in its consideration of permits for such activities. 15 Lower Minnesota River Watershed District 2-1 | Page Draft Rules 2 Rule B: Erosion and Sediment Control Rule 1 2.1 Policy 2 It is the District’s policy to 3 a. minimize erosion and sediment transport to lakes, streams, fens, and the Minnesota River; 4 b. retain or control sediment on land and during land-disturbing activities; 5 c. prevent resource degradation and loss or damage to property from erosion and sedimentation; 6 d. protect receiving water bodies, wetlands, and storm sewer inlets; and 7 e. require the preparation and implementation of erosion and sediment control plans to control 8 runoff and erosion. 9 2.2 Regulation 10 An erosion and sediment control permit must be obtained for any land-disturbing work in overlay 11 districts or other areas within the watershed as defined below: 12 a. General: Land-disturbing activities of one (1) acre or more 13 b. HVRA: Land-disturbing activities that involve the displacement or removal of 5,000 square feet 14 or more of surface area or vegetation or the excavation of 50 cubic yards or more of earth within 15 the HVRA Overlay District, as shown on the Lower Minnesota River Watershed District—High 16 Value Resources Area Overlay District Map (Figure 1) 17 2.3 Exceptions 18 An erosion and sediment control permit is not required for the following land-disturbing activities: 19 a. Minor land-disturbing activities, such as home gardens contained within a residential lot, 20 landscape repairs, and maintenance work 21 b. Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles 22 c. Emergency activity necessary to protect life or prevent substantial harm to persons or property 23 d. All maintenance, repair, resurfacing, and reconditioning activities of existing road, bridge, and 24 highway systems that do not involve land-disturbing activities outside of the existing surfaced 25 roadway 26 e. Agricultural activity 27 2.4 Criteria 28 Permit approval for activities that meet the general threshold must demonstrate that the implementation 29 of their erosion and sediment control will meet the following criteria: 30 2.4.1 Erosion and sediment control plan that provides the following: 31 a. Protection of natural topography and soil conditions 32 Lower Minnesota River Watershed District 2-2 | Page Draft Rules b. Temporary erosion and sediment control practices consistent with the Minnesota Pollution 1 Control Agency’s “Protecting Water Quality in Urban Areas,” as amended or updated, and the 2 “Minnesota Stormwater Manual,” as amended or updated 3 c. Minimization of the disturbance’s intensity and duration 4 d. Additional stabilization measures on slopes of 3:1 (H:V) or steeper 5 e. Protection of all stormwater conveyance systems during construction activities 6 f. Final site stabilization measures 7 2.4.2 All waste generated by project activities will be properly managed and disposed of to avoid 8 adverse impacts on water quality. 9 2.4.3 Site Stabilization 10 a. Temporary erosion and sediment control BMPs must be in place before the start of construction 11 activities. 12 b. All soil surfaces that are compacted during construction and remain impervious upon 13 construction completion must be decompacted. Decompaction can be achieved through soil 14 amendment and/or ripping to a depth of 18 inches. All decompaction measures should be 15 completed before final stabilization. 16 c. All temporary erosion and sediment control BMPs must be maintained until construction is 17 completed and perennial vegetation is established to sufficiently stabilize the site as the District 18 determines. 19 d. When final stabilization is achieved, all temporary erosion and sediment control BMPs must be 20 removed from the project site. 21 e. All disturbed areas must be finally stabilized within 14 days of completing land-altering 22 activities. 23 2.4.4 Inspection and Maintenance 24 The permit holder is responsible for inspecting and maintaining the project site until final stabilization is 25 complete, including ensuring that all erosion and sediment control measures are effective. 26 a. Inspection 27 Routine inspections shall be conducted at least once every seven (7) days during active construction 28 and within 24 hours after a rainfall event greater than 0.5 inch in 24 hours by the owner or the 29 owner’s representative. Following a rainfall inspection, the next inspection shall be conducted within 30 seven (7) days. The inspection schedule will be modified for the following conditions: 31 i. Where parts of the construction site have permanent cover, but work remains on other 32 parts of the site, inspections shall be reduced to once per month. 33 ii. Where construction sites have permanent cover on all exposed soil areas and no 34 construction activity is occurring anywhere on the site, monthly inspections shall be 35 performed for 12 months (except during frozen ground conditions). After the 12th month 36 Lower Minnesota River Watershed District 2-3 | Page Draft Rules of permanent cover and no construction activity, inspections may cease until construction 1 activity resumes or sooner if notified by the District or the LGU. 2 iii. Where frozen ground conditions have resulted in suspension of work, the inspection and 3 maintenance schedule shall resume within 24 hours after runoff occurs at the site or upon 4 resuming construction, whichever comes first. 5 iv. Routine inspections shall include the following: 6 1. All areas disturbed by construction activity and areas used for storage of materials 7 exposed to precipitation 8 2. Discharge locations, inaccessible locations, and nearby downstream locations 9 where inspections are practicable 10 3. Locations where vehicles enter or exit the site for evidence of off-site sediment 11 tracking 12 v. Records for each inspection and maintenance activity shall be kept on file with the owner 13 and shall contain the following information: 14 1. Date and time of inspection 15 2. Name, title, and qualifications of person(s) conducting inspection 16 3. Date, duration, and amount of all rainfall events that produce more than 0.5 inch 17 of rain in a 24-hour period and whether any discharges occurred 18 4. Inspection findings, including corrective action recommendations and 19 implementation dates 20 5. Locations of the following: 21 a. Sediment discharges or other pollutants from the site 22 b. BMPs that need to be maintained 23 c. BMPs that have failed to operate as designed or have proven inadequate for 24 a particular location 25 d. Needed BMPs that did not exist at the time of inspection 26 6. Documented changes to the erosion and sediment control plan 27 7. Inspector’s signature 28 The owner shall keep an inspection log with the erosion and sediment control plan for a period of 29 three (3) years following the completion of the project and filing of the Notice of Termination 30 (NOT). 31 b. Maintenance 32 All maintenance conducted during construction must be recorded in writing, and these records must 33 be kept. All nonfunctional BMPs must be repaired, replaced, or supplemented with functional BMPs 34 within 24 hours after discovery or as soon as field conditions allow access, unless another period is 35 specified below. Maintenance will include the following: 36 Lower Minnesota River Watershed District 2-4 | Page Draft Rules i. Excess sediment behind silt fences and biorolls shall be removed and properly disposed 1 of when sediments reach one third the height of the structure. Such sedimentation shall be 2 corrected by the next business day following discovery. 3 ii. Construction site vehicle exit locations shall be inspected for evidence of off-site 4 sediment tracking onto paved surfaces. Tracked sediment will be removed from all paved 5 surfaces within 24 hours of discovery or, if applicable, within a shorter time. 6 iii. Surface waters, including drainage ditches and conveyance systems, shall be inspected 7 for evidence of erosion and sediment deposition. Evidence of erosion and/or sediment 8 deposition will be addressed within seven (7) calendar days. 9 iv. Infiltration areas shall be maintained to ensure that no compaction or sedimentation 10 occurs. 11 v. Construction entrances shall be maintained daily. 12 vi. Turf shall be maintained until final stabilization is established. 13 The maintenance of temporary erosion and sediment controls and implementation of additional 14 controls shall be performed as soon as possible and before the next storm event, whenever 15 practicable. All remaining temporary erosion and sediment controls and accumulated sediments from 16 silt fences will be removed within 30 days of achieving final stabilization at the site. 17 2.5 Required Information and Exhibits 18 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 19 17 inches] and one set as electronic files in a format acceptable to the District): 20 2.5.1 A narrative that includes the following: 21 a. The name, address, and telephone number(s) of all property owners 22 b. The name, address, and telephone number(s) for all contractors undertaking land-disturbing 23 activities as part of the proposed project 24 c. The property owner’s signature 25 d. A statement granting the District and its authorized representatives’ access to the site for 26 inspection purposes 27 e. Designation of an individual who will remain liable to the District for performance under this 28 Rule from the time the permitted activities commence until vegetative cover is established and 29 the District has certified satisfaction with erosion and sediment control requirements 30 2.5.2 An erosion and sediment control plan that includes the following: 31 a. Topographic maps of existing and proposed conditions that clearly indicate all hydrologic 32 features and areas where grading will expose soils to erosive conditions as well as the flow 33 direction of all runoff (single-family home construction or reconstruction projects may comply 34 with this provision by providing satellite imagery or an oblique map acceptable to the District) 35 b. Tabulation of the construction implementation schedule for all projects except construction or 36 reconstruction of a single-family home 37 Lower Minnesota River Watershed District 2-5 | Page Draft Rules c. Name, address, and phone number of the individual responsible for inspection and maintenance 1 of all erosion and sediment control measures 2 d. Temporary erosion and sediment control measures that will remain in place until vegetation is 3 established 4 e. All final erosion control measures and their locations 5 f. Staging areas, as applicable 6 g. Delineation of any floodplain and/or wetland area changes 7 h. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 8 Lower Minnesota River Watershed District 3-1 | Page Draft Rules 3 Rule C: Floodplain and Drainage Alteration Rule 1 3.1 Policy 2 It is the District’s policy to 3 a. regulate alterations within the floodplain and drainageways within the watershed to provide flood 4 protection to natural resources, permanent structures, and private lands, in accordance with 5 Minnesota Statutes 103F; 6 b. preserve existing water storage capacity below the 100-year high-water elevation of all public 7 waters, wetlands subject to the Wetland Conservation Act, and public drainage systems subject 8 to Minnesota’s buffer law in the watershed to minimize the frequency and severity of high water; 9 and 10 c. minimize development below the FEMA base flood elevation that will unduly restrict flood 11 flows or aggravate known high water problems. 12 3.2 Regulation 13 A permit from the District is required for any alteration to or filling of land below the 100-year flood 14 elevation of any wetland, public water, or landlocked subwatershed (as identified by municipalities) 15 shall be subject to the following regulations and shall be completed in accordance with a state-approved 16 floodplain management and shoreland ordinance: 17 a. No filling is allowed within the 100-year floodplain that causes a rise in the 100-year flood 18 elevation without providing compensatory floodplain storage equal to or greater than the volume 19 of fill. A no-rise certification by a professional engineer satisfies this requirement. 20 b. No grading of filling is allowed within the 100-year floodplain that reduces the flood-carrying 21 capacity of the watercourse. 22 c. The lowest floor of the lowest enclosed area of proposed structures must be a minimum of two 23 (2) feet above the 100-year high-water level of nearby surface waters or one (1) foot above the 24 emergency overflow elevation, whichever is greater, unless they have protection through 25 floodproofing or by another approved construction technique. 26 d. No permanent structure, with the exception of drainage conveyance structures and monitoring 27 equipment, may be constructed in the floodway as it is shown on FEMA flood maps. 28 3.3 Exceptions 29 No floodplain and drainage alternation permit from the District is required if all of the following 30 conditions exist: 31 a. The 100-year flood elevation of a waterbody is entirely within a municipality. 32 b. The water basin is landlocked. 33 c. The municipality has adopted a floodplain ordinance regulating floodplain encroachment. 34 d. The proposed project is entirely within the water basin drainage area. 35 3.4 Criteria 36 Lower Minnesota River Watershed District 3-2 | Page Draft Rules All permitted projects under this rule shall be subject to the following regulations and shall be completed 1 in accordance with a state-approved floodplain management and shoreland ordinance: 2 a. Fill shall not cause a net decrease in storage capacity below the projected 100-year high water 3 elevation nor an increase in the 100-year elevation of a waterbody. 4 b. A professional engineer registered in the state of Minnesota shall calculate the allowable fill 5 area. Creation of floodplain storage capacity to offset fill shall occur before any fill is placed in 6 the floodplain, unless it has been demonstrated to the District and the municipality that doing so 7 is impractical and that placement of fill and creation of storage capacity can be achieved 8 concurrently. Any placement of fill before creation of floodplain storage capacity will be allowed 9 only by a registered professional engineer to ensure that such work will not aggravate high water 10 conditions. 11 c. Fill or grading shall not cause a decrease in the conveyance capacity of a waterbody below the 12 projected 100-year high water elevation. 13 d. A professional engineer registered in the state of Minnesota shall calculate the conveyance 14 capacity. The analysis must demonstrate no decrease in conveyance upstream and downstream of 15 the proposed fill or grading. 16 e. All new residential, commercial, industrial, and institutional structures shall be constructed such 17 that the lowest floor of the lowest enclosed area (including basement or crawl space) is at a 18 minimum of two (2) feet above the 100-year high water elevation. 19 f. No person shall install or remove a culvert or other artificial means to remove or drain surface 20 water, create artificial pond areas, or obstruct the natural flow of waters without demonstrating 21 that the activity has no adverse impact on upstream or downstream landowners or water quality, 22 habitat, or fisheries. 23 g. Temporary placement of fill within the floodway for staging or processing of river dredge or fill 24 material, including facilities for such activities, shall be allowed when it is conducted, in whole 25 or part, pursuant to a cooperative or local sponsorship agreement with the United States under 26 the Rivers and Harbors Act and it meets requirements of the LGU. 27 3.5 Required Information and Exhibits 28 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 29 17 inches] and one set as electronic files in a format acceptable to the District): 30 3.5.1 A site plan showing the following: 31 a. Property lines 32 b. Delineation of the work area 33 c. Existing elevation contours of the work area 34 d. OHWL or normal water elevation and 100-year flood elevations (all elevations must be reduced 35 to NAVD [1988 datum]) 36 3.5.2 Grading plan showing proposed elevation changes 37 Lower Minnesota River Watershed District 3-3 | Page Draft Rules 3.5.3 Preliminary plat of proposed land development 1 3.5.4 Determination by a licensed professional engineer or registered qualified hydrologist of the 100-2 year flood elevations for the parcel before and after the project 3 3.5.5 Computation by a professional engineer of cut, fill, and change in water storage capacity 4 resulting from proposed grading 5 3.5.6 Erosion control plan 6 3.5.7 Soil boring information, if requested by the District engineer 7 3.5.8 Documentation that drainage and flowage easements over all land and facilities below the 100-8 year flood elevation, if required by the municipality with jurisdiction, have been conveyed and 9 recorded. For public entities, this requirement may be satisfied by a written agreement executed 10 with the District in lieu of a recorded document. The agreement must state that, if the land within 11 the 100-year floodplain is conveyed, the public body will require the buyer to comply with this 12 subsection. 13 Lower Minnesota River Watershed District 4-1 | Page Draft Rules 4 Rule D: Stormwater Management Rule 1 4.1 Policy 2 It is the District’s policy to 3 a. manage new development, redevelopment, and drainage alternations by requiring each 4 development or land-disturbing activity to manage its stormwater effectively, either on- or off-5 site; 6 b. promote and encourage a reduction in runoff rates to encourage infiltration and to promote 7 groundwater recharge; 8 c. encourage infiltration and stormwater storage in the District’s upland areas; 9 d. maximize groundwater recharge as a means of maintaining drinking water supplies, preserving 10 base flows in streams and water levels in fens, and limiting discharges of stormwater to 11 downstream receiving waters; 12 e. protect and maintain existing groundwater flow, promote groundwater recharge, and improve 13 groundwater quality and aquifer protection; 14 f. require that property owners control the rate and volume of stormwater runoff originating from 15 their property so that surface water and groundwater quantity and quality is protected or 16 improved, soil erosion is minimized, and flooding potential is reduced; and 17 g. protect and improve natural resources within the watershed to prevent further degradation. 18 4.2 Regulation 19 A permit from the District that incorporates an approved stormwater management plan is required under 20 this rule prior to the commencement of any activities to which this rule applies. The District may review 21 a stormwater management plan at any point in the development of a regulated project and encourages 22 project proposers to seek the District’s early review of plans. 23 The requirements of this rule apply to any land-disturbing activity that will involve the following: 24 a. General: Development, redevelopment, and drainage alterations (including roads) creating new 25 impervious areas greater than one (1) acre 26 b. HVRA: Development, redevelopment, and drainage alternations (including roads) creating new 27 impervious areas greater than 10,000 square feet in an HVRA Overlay District, as shown on the 28 Lower Minnesota River Watershed District—High Value Resources Area Overlay District Map 29 (Figure 1) 30 4.3 Exceptions 31 The requirements of this rule do not apply to the following: 32 a. Construction or remodeling on a single-family homesite consistent with a subdivision, 33 development, or redevelopment plan implemented in accordance with a District permit issued 34 after February 1, 2015, and an approved erosion control prevention and sediment control plan 35 b. Rehabilitation of paved surfaces 36 Lower Minnesota River Watershed District 4-2 | Page Draft Rules c. Trails, sidewalks, and retaining walls that do not exceed 10 feet in width and are bordered down 1 gradient by a pervious area extending at least half the trail width 2 d. Land-disturbing activities that do not involve creation of new impervious surface, reconstruction 3 of existing impervious surface, or grading that materially alter stormwater flow at a site 4 boundary 5 4.4 Criteria 6 Permit approval for activities that meet the general threshold must demonstrate that the implementation 7 of their stormwater management plan will meet the following criteria: 8 4.4.1 Rate Control 9 Stormwater runoff rate from development, redevelopment, and drainage alterations shall not exceed the 10 existing runoff rates for the 1 or 2-year, 10-year, and 100-year 24-hour events using Atlas 14 nested 11 distribution. 12 4.4.2 Volume 13 a. General: For projects that create one (1) acre or more of new impervious surface on sites without 14 restrictions (such as factors that prevent attainment of the performance goal, like shallow depth 15 to bedrock, presence of contaminated soils, and lack of access because utilities are present 16 [Minnesota Stormwater Manual, 2019]), the post-construction stormwater runoff volume 17 retained on-site shall be equivalent to one (1) inch of runoff from impervious surfaces or the 18 MPCA’s Construction General Permit abstraction requirements (as amended), whichever is 19 greater. 20 b. HVRA: Projects that create new impervious areas greater than 10,000 square feet in an HVRA 21 Overlay District have the following volume requirements: 22 i. New development: For new, nonlinear developments that create 10,000 square feet or 23 more of new impervious surface on sites without restrictions, the post-construction 24 stormwater runoff volume retained on-site shall be equivalent to 1.0 inch of runoff from 25 impervious surfaces. 26 ii. Redevelopment: Nonlinear redevelopment projects on sites without restrictions that 27 create 10,000 square feet or more of new and/or fully reconstructed impervious surfaces 28 shall capture and retain on-site 1.1 inches of runoff from the new and/or fully 29 reconstructed impervious surfaces. 30 iii. Linear projects: Linear projects on sites without restrictions that create 10,000 square feet 31 or greater of new and/or fully reconstructed impervious surfaces shall capture and retain 32 the larger of the following: 33 1. 0.55 inch of runoff from the new and fully reconstructed impervious surfaces 34 2. 1.1 inches of runoff from the net increase in impervious area 35 To the maximum extent practicable, volume control shall be fully met on-site. Site conditions may make 36 infiltration undesirable or impossible. The owner must make soil corrections and/or investigate other 37 Lower Minnesota River Watershed District 4-3 | Page Draft Rules locations on the site for feasible infiltration locations. Infiltration of stormwater should avoid areas of 1 contaminated soil. 2 c. Infiltration practices are not allowed in the following areas: 3 i. Areas that receive discharges from vehicle fueling and maintenance facilities 4 ii. Areas with less than three (3) feet of separation distance from the bottom of the 5 infiltration system to the elevation of the seasonally saturated soils or the top of bedrock 6 iii. Areas that receive discharges from industrial facilities that are not authorized to infiltrate 7 industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the 8 MPCA 9 iv. Areas where infiltrating stormwater will mobilize high levels of contaminants in soil or 10 groundwater 11 v. Areas of predominately Hydrologic Soil Group D (clay) soils, unless allowed by an LGU 12 with a current NPDES/SDS Municipal Separate Storm Sewer Systems (MS4) permit 13 vi. Areas within 1,000 feet up gradient or 100 feet down gradient of active karst features, 14 unless allowed by an LGU with a current MS4 permit 15 vii. Areas within a Drinking Water Supply Management Area (DWSMA), as defined in 16 Minnesota Administrative Rules 4720.5100, subpart 13., unless allowed by an LGU with 17 a current MS4 permit 18 viii. Areas where soil infiltration rates are more than 8.3 inches per hour, unless soils are 19 amended to slow the infiltration rate below 8.3 inches per hour or as allowed by an LGU 20 with a current MS4 permit 21 If the permittee claims that infiltration is not feasible or allowed on-site, sufficient supporting 22 documentation must be provided with the permit application. Filtration technologies may be an 23 acceptable alternative for types C and D soils and other sites where infiltration is infeasible given the 24 criteria above. 25 4.4.3 Water Quality 26 a. General: Projects that create one (1) acre or more of new impervious surface shall have no net 27 increase from existing conditions in total phosphorus (TP) and total suspended solids (TSS) to 28 receiving waterbodies. 29 b. HVRA: Projects that create new impervious areas greater than 10,000 square feet in an HVRA 30 Overlay District have the following water quality requirements: 31 i. Total phosphorus and total suspended solids: All projects shall have a net decrease TP 32 and TSS to receiving waterbodies from existing conditions. For new development 33 projects, the decrease in TP and TSS shall be 60 percent and 80 percent, respectively, 34 from existing conditions. 35 ii. Buffer zone: An undisturbed buffer zone of 100 linear feet from trout waters shall be 36 maintained at all times, both during construction and as a permanent feature after 37 Lower Minnesota River Watershed District 4-4 | Page Draft Rules construction, except where a water crossing or other encroachment is necessary to 1 complete the project. 2 1. Exceptions: The replacement of existing impervious surfaces within the buffer zone is 3 allowed provided that the use of additional or redundant BMPs minimizes all potential 4 water quality, scenic, and other environmental impacts of the activity. Buffer 5 encroachments (circumstance and reason) and minimization activities must be 6 documented. 7 iii. Temperature controls: Permanent stormwater management facilities shall be designed to 8 minimize any increase in the temperature of trout waters receiving waters resulting from 9 the 1 and 2-year 24-hour precipitation events. This includes all tributaries of designated 10 trout streams within the Public Land Survey System (PLSS) section where a trout water 11 is located. Projects that discharge to trout waters must minimize the impact using one or 12 more of the following measures, in order of preference: 13 1. Minimize new impervious surfaces 14 2. Minimize the discharge from connected impervious surfaces by discharging to 15 vegetated areas or grass swales and using other nonstructural controls 16 3. Use infiltration or other volume reduction practices to reduce stormwater runoff in 17 excess of pre-project conditions (up to the 2-year, 24-hour precipitation event) 18 4. Design an appropriate combination of measures, such as shading, filtered bottom 19 withdrawal, vegetated swale discharges, or constructed wetland treatment cells, that 20 will limit temperature increases when incorporating ponding. Also, design the pond to 21 be drawn down in 24 hours or less. 22 5. Use other methods that will minimize any increase in trout water temperature 23 4.4.4 Maintenance and Easement 24 The permittee is responsible for developing and adhering to a maintenance plan for the permitted 25 project, including the acquisition of all necessary easements. 26 a. All stormwater management structures and facilities must be designed for maintenance access 27 and properly maintained in perpetuity so that they continue to function as designed. 28 b. A maintenance plan shall identify and protect the design, capacity, and functionality of on-site 29 and off-site stormwater management facilities; specify the methods; and schedule responsible 30 parties for maintenance for every stormwater management facility. 31 c. The maintenance agreement shall be recorded with the applicable county (Carver, Dakota, 32 Hennepin, Scott, or Ramsey) as part of the LGU or other development approval process. The 33 District may require that stormwater management structures and facilities be publicly dedicated 34 or placed in a conservation easement, giving rights of enforcement to an LGU, the District, or 35 other appropriate public authority. 36 d. A public entity assuming a maintenance obligation may submit a written executed agreement in 37 lieu of the recorded maintenance agreement. 38 Lower Minnesota River Watershed District 4-5 | Page Draft Rules 4.4.5 Alternative Measures 1 At sites where infiltration is infeasible, an applicant must comply with the NPDES General Construction 2 Permit, issued by the MPCA, August 1, 2018, as amended. 3 4.5 Required Information and Exhibits 4 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 5 17 inches] and one set as electronic files in a format acceptable to the District): 6 4.5.1 A narrative explaining the existing and proposed conditions 7 4.5.2 Stormwater management system modeling in a form acceptable to the District that utilizes the 8 most recent applicable precipitation reference data (e.g., Atlas 14), for example, HydroCAD, 9 SWMM, MIDS calculator, or P8 10 4.5.3 A site plan showing the following: 11 a. Property lines and delineation of lands under ownership of the applicant 12 b. Existing and proposed elevation contours 13 c. Identification of existing and proposed normal and ordinary high- and 100-year water elevations 14 on-site. 15 4.5.4 A stormwater management plan that includes, at a minimum, the following: 16 a. Proposed and existing stormwater facility locations, alignment, and elevation 17 b. Delineation of existing wetlands, marshes, shoreland, and/or floodplain areas on-site or to which 18 any portion of the project parcel drains; except where a project will not alter or change the 19 hydrology of a wetland, the plan need only identify the wetland. 20 c. Geotechnical analysis, including soil borings, at all proposed stormwater management facility 21 locations 22 d. If infiltration of runoff is proposed, data must be submitted showing the following: 23 i. No evidence of groundwater or redoximorphic soil conditions within three (3) feet of the 24 bottom of the facility, practice, or system 25 ii. Soil conditions within five (5) feet of the bottom of any stormwater treatment facility, 26 practice, or system 27 iii. If requested by the engineer, site-specific infiltration capacity of soils at the bottom of the 28 facility, practice, or system. In addition, the District engineer may require submission of a 29 phase I environmental site assessment and/or other documentation to facilitate analysis 30 by the District of the suitability of the site for infiltration. 31 e. Construction plans and specifications for all proposed stormwater management facilities, 32 including design details for outlet control structures 33 f. Stormwater runoff volume and rate analyses for the 2-, 10-, and 100-year 24-hour critical events, 34 existing and proposed conditions, using Atlas 14 nested distribution 35 Lower Minnesota River Watershed District 4-6 | Page Draft Rules g. All hydrologic, water quality, and hydraulic computations completed to design the proposed 1 stormwater management facilities 2 h. Narrative addressing incorporation of retention BMPs 3 i. Platting or easement documents showing sufficient drainage and ponding/flowage easements 4 over hydrologic features, such as floodplains, storm sewers, ponds, ditches, swales, wetlands, 5 and waterways, if required by the municipality with jurisdiction 6 j. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 7 k. If a stormwater harvest and reuse practice is proposed to meet applicable requirements, the 8 following materials must be submitted: 9 i. An analysis using a stormwater reuse calculator or equivalent methodology approved by 10 the District engineer 11 ii. Documentation of the adequacy of soils, storage capacity, and delivery systems 12 iii. Delineation of green space area to be irrigated, if applicable 13 iv. A detailed irrigation or usage plan showing compliance with the District’s volume-14 retention requirements. 15 4.5.5 Documentation demonstrating that the applicant holds the legal rights necessary to discharge to 16 any off-site stormwater facility/facilities used for compliance and that the facility/facilities are 17 subject to a maintenance document satisfying the requirements of this rule 18 4.5.6 An erosion and sediment control plan complying with the District’s Erosion and Sediment 19 Control Rule 20 4.5.7 A maintenance plan and applicable maintenance agreements 21 Lower Minnesota River Watershed District 5-1 | Page Draft Rules 5 Rule E: Shoreline and Streambank Alternation Rule 1 5.1 Policy 2 It is the District’s policy to 3 a. manage stable, intact, and vegetated shorelines and stream banks that provide valuable functions 4 to the associated water resource, including erosion prevention, reinforcement of soils through 5 root structure, trapping of nutrients and sediments, and provision of fish and wildlife habitat; 6 b. promote the preservation and enhancement of the ecological integrity and natural appearance of 7 shorelines and stream banks with the intent of preventing erosion; 8 c. encourage practices such as bioengineering and preservation of natural vegetation when 9 alterations are necessary; and 10 d. preserve water quality and the ecological integrity of the riparian environment, including wildlife 11 and fisheries habitat and recreational water resources. 12 5.2 Regulation 13 A Minnesota Department of Natural Resources (DNR) permit must be obtained, in coordination with the 14 District, to make the following shoreline and stream bank alterations: 15 a. Improvement or alteration below the OHWL of a lake or wetland or the bankfull height of a 16 watercourse, including but not limited to bioengineered installations and placement of riprap, 17 retaining walls, sand blankets, and boat ramps 18 b. Maintenance of an existing riprap or hard-armored shoreline or stream bank that involves the 19 addition of new material or structural change 20 5.3 Criteria 21 All projects under this rule shall consider the following: 22 5.3.1 Use bioengineering techniques to the extent possible. The use of bioengineering is encouraged as 23 an alternative to traditional engineered stabilization techniques for cost advantage, aesthetic 24 superiority, and ecological integrity. If bioengineering cannot provide a stable shoreline, a 25 combination of riprap and bioengineering may be used to restore or maintain a shoreline. If a 26 combination of riprap and bioengineering cannot provide a stable shoreline within a reasonable 27 period, riprap may be used to restore or maintain shoreline. 28 a. Live plantings incorporated in shoreline bioengineering must be native aquatic vegetation 29 and/or native upland plants. 30 b. Riprap used in shoreline erosion protection must be sized appropriately in relation to the 31 erosion potential of the wave or current action of the particular water body, but in no case 32 shall the riprap rock average less than six (6) inches or more than 30 inches in diameter. 33 Riprap shall be durable, natural stone and of a gradation that will result in a stable 34 shoreline embankment. Stone, granular filter, and geotextile material shall conform to 35 standard MNDOT specifications, except that neither limestone nor dolomite shall be used 36 for shoreline or stream bank riprap but may be used at stormwater outfalls. All materials 37 Lower Minnesota River Watershed District 5-2 | Page Draft Rules used must be free from organic material, soil, clay, debris, trash, or any other material 1 that may cause siltation or pollution. 2 c. Riprap placement shall conform to the natural alignment of the shoreline/stream bank. 3 d. A transitional layer consisting of graded gravel, at least six (6) inches deep, and an 4 appropriate geotextile filter fabric shall be placed between the existing shoreline and any 5 riprap. The thickness of riprap layers should be at least 1.25 times the maximum stone 6 diameter. Toe boulders, if used, must be at least 50 percent buried. 7 e. Riprap must not cover emergent vegetation, unless authorized by a DNR permit. 8 f. Riprap shall extend no higher than the top of the bank or two (2) feet above the 100-year 9 high water elevation, whichever is lower. 10 5.3.2 Stabilize the shoreline with minimal horizontal encroachment and without interference of water 11 flow or navigation. No riprap or filter material shall be placed more than six (6) feet waterward 12 of the OHWL. Streambank riprap shall not reduce the cross-sectional area of the channel or 13 result in a stage increase of more than 0.01 foot at or upstream of the treatment. 14 5.3.3 Design of shoreline erosion protection must reflect the engineering properties of the underlying 15 soils and any soil corrections or reinforcements necessary. The design shall conform to 16 engineering principles for wave energy dispersion and resistance to deformation from ice 17 pressures and movement, considering prevailing winds, fetch, and other factors that induce wave 18 energy. 19 5.3.4 Use of riprap for merely cosmetic purposes is prohibited. 20 5.3.5 Use retaining walls only when there is no adequate stabilization alternative and in accordance 21 with Minnesota Administrative Rules 6115.0211. Retaining walls extending below the OHWL of 22 a water body are prohibited, except where 23 a. there is a demonstrable need for a retaining wall in a public improvement project, and 24 b. a registered engineer has certified the design of the retaining wall. 25 The District’s issuance of a permit for a project meeting this Rule does not preclude the project from 26 needing a DNR Public Waters Work Permit. 27 5.4 Required Information and Exhibits 28 The District requires the following exhibits (one hardcopy set of plans [11 inches by 17 inches] and one 29 set as electronic files in a format acceptable to the District): 30 5.4.1 The site plan, which includes the following: 31 a. Documentation, including photographs of existing erosion or the potential for erosion 32 b. A survey locating the existing OHWL contour, existing shoreline, floodplain elevation, 33 and location of property lines 34 c. Elevation contours of the upland within 15 feet of the OHWL and referenced to accepted 35 datum 36 Lower Minnesota River Watershed District 5-3 | Page Draft Rules d. Plan view of locations and lineal footage of the proposed riprap 1 The plan must show the location of an upland baseline parallel to the shoreline with stationing. The 2 baseline will be staked in the field by the applicant and maintained in place until project completion. 3 Baseline origin and terminus must each be referenced to three fixed features, with measurements shown 4 and described on the plan. Perpendicular offsets from the baseline to the OHWL must be measured and 5 distances shown on the plan at 20-foot stations. A registered professional engineer or landscape architect 6 will certify the plan. 7 5.4.2 A construction plan and specifications certified by a registered engineer or landscape architect, 8 showing the following: 9 a. A sequencing analysis in compliance with the rule 10 b. Materials to be used, including the size(s) of any riprap to be used 11 c. Cross section detailing the proposed riprap, if any, drawn to scale, with the horizontal and 12 vertical scales noted on the drawing. The detail should show the finished riprap slope, 13 transitional layer design and placement, distance waterward of the riprap placement, and 14 OHWL 15 d. Description of the underlying soil materials 16 e. Material specifications for stone, filter material, and geotextile fabric 17 For sites involving aquatic plantings, a separate Aquatic Plant Management Permit shall be obtained 18 from the DNR. This provision does not apply to slope protection projects using woody species, such as 19 willow and dogwood. 20 5.4.3 An erosion control and site restoration plan that includes the following: 21 a. Topographic maps of existing and proposed conditions that clearly indicate all hydrologic 22 features and areas where grading will expose soils to erosive conditions as well as the flow 23 direction of all runoff (single-family home construction or reconstruction projects may comply 24 with this provision by providing satellite imagery or an oblique map acceptable to the District) 25 b. Tabulation of the construction implementation schedule for all projects, except construction or 26 reconstruction of a single-family home 27 c. Name, address, and phone number of the individual responsible for inspection and maintenance 28 of all erosion and sediment control measures 29 d. Temporary erosion and sediment control measures that will remain in place until vegetation is 30 established 31 e. All final erosion control measures and their locations 32 f. Staging areas, as applicable 33 g. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 34 Lower Minnesota River Watershed District 6-1 | Page Draft Rules 6 Rule F: Steep Slopes Rule 1 6.1 Policy 2 It is the District’s policy to 3 a. protect water quality down gradient of steep slopes from sediment, nutrients, bacteria, and other 4 contaminant pollutant loadings; 5 b. maintain stability of steep slopes, shorelines, and other areas prone to erosion; 6 c. sustain and enhance the biological and ecological functions of noninvasive vegetation on steep 7 slopes as outlined in the Lower Minnesota River Watershed District Vegetation Management 8 Plan; 9 d. minimize impacts to and preserve the natural character and topography of steep slopes; 10 e. protect properties and waterbodies adjacent to steep slopes from erosion, sedimentation, 11 flooding, and other damage; and 12 f. promote public safety by requiring certification from qualified individuals before land-disturbing 13 activities and other changes to land on steep slopes. 14 6.2 Regulation 15 A District permit must be obtained for the following activities: 16 a. Land-disturbing activities that involve the excavation of 50 cubic yards or more of earth or 17 displacement or removal of 5,000 square feet or more of surface area or vegetation within the 18 Steep Slopes Overlay District, as shown on the Lower Minnesota River Watershed District—19 Steep Slopes Overlay District Map (Figure 2) 20 b. Activities requiring municipal/LGU grading, building, parking lot, and foundations permits that 21 result in a net increase in impervious surface or stormwater runoff within the Steep Slopes 22 Overlay District, as illustrated on Figure 2 23 6.3 Exceptions 24 A steep slopes permit is not required for the following activities: 25 a. New impervious areas associated with driveway widenings that drain to the street where a 26 municipal storm sewer system manages runoff water 27 b. Maintenance, repair, or in-kind replacement of existing structures, public roads, utilities, and 28 drainage systems within the Steep Slopes Overlay District, so long as there is no net increase in 29 impervious surface. 30 c. Disturbances that are part of an approved LWP to repair, grade, or reslope existing steep slopes 31 that are eroding or unstable to establish stable slopes and vegetation 32 d. Native plantings that enhance natural vegetation of steep slopes 33 e. Selective removal of noxious, exotic, or invasive vegetation, using locally recognized methods to 34 control and/or minimize their spread 35 Lower Minnesota River Watershed District 6-2 | Page Draft Rules f. Pruning of trees or vegetation that are dead or diseased or pose a public hazard and removal of 1 vegetation in emergency situations from steep slopes 2 g. Maintenance of existing lawns, landscaping, and gardens 3 h. Agricultural and forestry activities 4 6.4 Criteria 5 All permitted projects under the Steep Slopes Rule must comply with the following regulations: 6 6.4.1 Land-disturbing activities as regulated in this section may occur within the Steep Slopes Overlay 7 District provided that a qualified professional/professional engineer registered in the state of 8 Minnesota certifies the area’s suitability for the proposed activities, structures, or uses resulting 9 from the activities and that the following requirements are addressed: 10 a. Minimum erosion and sediment control BMPs include site stabilization and slope restoration 11 measures to ensure the proposed activity will not result in 12 i. adverse impacts to adjacent and/or downstream properties or water bodies; 13 ii. unstable slope conditions; and 14 iii. degradation of water quality from erosion, sedimentation, flooding, and other damage. 15 b. Preservation of existing hydrology and drainage patterns. Land-disturbing activities may not 16 result in any new water discharge points on steep slopes or along the bluff. 17 6.4.2 Stormwater ponds, swales, infiltration basins, or other soil saturation–type features shall not be 18 constructed within a Steep Slopes Overlay District. 19 6.5 Required Information and Exhibits 20 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 21 17 inches] and one set as electronic files in a format acceptable to the District): 22 6.5.1 A narrative that includes the following: 23 a. The name, address, and telephone number(s) of all property owners 24 b. The name, address, and telephone number(s) for all contractors undertaking land-disturbing 25 activities as part of the proposed project 26 c. The signature of the property owner 27 d. A statement granting the District and its authorized representatives’ access to the site for 28 inspection purposes 29 e. Designation of an individual who will remain liable to the District for performance under this 30 rule from the time the permitted activities commence until vegetative cover is established and the 31 District has certified its satisfaction with erosion and sediment control requirements 32 f. An explanation of existing and proposed conditions 33 6.5.2 An erosion and sediment control plan including the following: 34 Lower Minnesota River Watershed District 6-3 | Page Draft Rules a. Topographic maps of existing and proposed conditions that clearly indicate all hydrologic 1 features and areas where grading will expose soils to erosive conditions as well as the flow 2 direction of all runoff (single-family home construction or reconstruction projects may comply 3 with this provision by providing satellite imagery or an oblique map acceptable to the District) 4 b. Tabulation of the construction implementation schedule for all projects, except construction or 5 reconstruction of a single-family home 6 c. Name, address, and phone number of the individual responsible for inspection and maintenance 7 of all erosion and sediment control measures 8 d. Temporary erosion and sediment control measures that will remain in place until vegetation is 9 established 10 e. All final erosion control measures and their locations 11 f. Staging areas, as applicable 12 g. Delineation of any floodplain and/or wetland area changes 13 h. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 14 6.5.3 Stormwater management system modeling in a form acceptable to the District and that uses the 15 most recent applicable precipitation reference data (e.g., Atlas 14), for example, HydroCAD, 16 SWMM, MIDS calculator, or P8 17 6.5.4 A site plan showing the following: 18 a. Property lines and delineation of lands under ownership of the applicant 19 b. Existing and proposed elevation contours 20 c. Identification of existing and proposed normal and ordinary 100-year and high water elevations 21 on-site 22 6.5.5 A stormwater management plan, including, at a minimum: 23 a. Proposed and existing stormwater facilities location, alignment, and elevation 24 b. Delineation of existing wetlands, marshes, shoreland, and/or floodplain areas on-site or to which 25 any portion of the project parcel drains; except that where a project will not alter or change the 26 hydrology of a wetland, the wetland need only be identified on the plan. 27 c. Geotechnical analysis, including soil borings, at all proposed stormwater management facility 28 locations 29 d. If infiltration of runoff is proposed, data must be submitted showing the following: 30 i. No evidence of groundwater or redoximorphic soil conditions within three (3) feet of the 31 bottom of the facility, practice, or system 32 ii. Soil conditions within five (5) feet of the bottom of any stormwater treatment facility, 33 practice, or system 34 iii. If requested by the engineer, site-specific infiltration capacity of soils at the bottom of the 35 facility, practice, or system. In addition, the District engineer may require submission of a 36 Lower Minnesota River Watershed District 6-4 | Page Draft Rules phase I environmental site assessment and/or other documentation to facilitate analysis 1 by the District of the suitability of the site for infiltration. 2 e. Construction plans and specifications for all proposed stormwater management facilities, 3 including design details for outlet control structures 4 f. Stormwater runoff volume and rate analyses for the 2-, 10-, and 100-year 24-hour critical events, 5 existing and proposed conditions, using Atlas 14 nested distribution 6 g. All hydrologic, water quality, and hydraulic computations completed to design the proposed 7 stormwater management facilities 8 h. Narrative addressing incorporation of retention BMPs 9 i. Platting or easement documents showing sufficient drainage and ponding/flowage easements 10 over hydrologic features, such as floodplains, storm sewers, ponds, ditches, swales, wetlands, 11 and waterways, if required by the municipality with jurisdiction 12 j. Documentation of the project’s NPDES Construction Stormwater Permit status, if applicable 13 k. If a stormwater harvest and reuse practice is proposed to meet applicable requirements, 14 submission of 15 iv. an analysis using a stormwater reuse calculator or equivalent methodology approved by 16 the District engineer; 17 v. documentation of the adequacy of soils, storage capacity, and delivery systems; 18 vi. delineation of green space area to be irrigated, if applicable; and 19 vii. a detailed irrigation or usage plan showing compliance with the District volume-retention 20 requirements. 21 6.5.6 Documentation that the applicant holds the legal rights necessary to discharge to any off-site 22 stormwater facility/facilities used for compliance and that the facility/facilities are subject to a 23 maintenance document satisfying the requirements of this rule 24 6.5.7 A maintenance plan and applicable maintenance agreements 25 6.5.8 Construction plans and specifications certifying construction on the steep slope by a registered 26 professional engineer. The certification must indicate that the slope is suitable to withstand 27 proposed construction. 28 Lower Minnesota River Watershed District 7-1 | Page Draft Rules 7 Rule G: Water Appropriations Rule 1 7.1 Policy 2 It is the District’s policy to 3 a. maintain groundwater recharge and protect groundwater from contamination; 4 b. promote management practices that protect groundwater recharge and quality; 5 c. support enforcement of wellhead protection plans, individual sewage treatment systems, and 6 community septic ordinances; 7 d. support development and implementation of wellhead protection plans; 8 e. review appropriations requests for groundwater in HVRAs; and 9 f. evaluate the potential impacts of public or private infrastructure (including private and municipal 10 groundwater appropriations) interference of flows on groundwater recharge, transmission, and 11 discharge. 12 7.2 Regulation 13 A DNR permit must be obtained within the HVRA Overlay District, as shown on the Lower Minnesota 14 River Watershed District—High Value Resources Area Overlay District Map (Figure 1), in coordination 15 with the District, for the following: 16 a. Temporary withdrawal of groundwater for construction dewatering; landscaping; dust control; 17 and hydrostatic testing of pipelines, tanks, and wastewater ponds 18 b. Permanent withdrawal of more than 10,000 gallons of water per day or one (1) million gallons 19 per year 20 7.3 Criteria 21 All projects under this rule shall be subject to the following regulations: 22 a. In all cases of groundwater appropriation requiring a DNR permit in the District, a copy of the 23 permit application and information on the location of the discharge/withdrawal shall be filed 24 with the District for review. 25 b. Develop and submit a discharge management plan to the District 26 c. Demonstrate no net change in groundwater levels to adjacent fens and trout streams 27 7.4 Required Information and Exhibits 28 The following exhibits must accompany the permit application (one hardcopy set of plans [11 inches by 29 17 inches] and one set as electronic files in a format acceptable to the District): 30 7.4.1 A site plan showing the following: 31 a. Property lines and delineation of lands under ownership of the applicant 32 b. Existing and proposed elevation contours 33 Lower Minnesota River Watershed District 7-2 | Page Draft Rules c. Identification of existing and proposed normal and ordinary high- and 100-year water elevations 1 on-site 2 7.4.2 A discharge management plan showing the following: 3 a. Alternative sources of water considered and reasons why the groundwater appropriation 4 proposed was selected 5 b. Well depth, number, and capacity in gallons per minute of pump(s) to be installed 6 c. Computations by a certified professional engineer showing no net change in groundwater levels 7 adjacent to fen resources 8 d. Any potential impacts on trout waters, including trout waters not designated by the State of 9 Minnesota, and strategies to reduce potential impacts 10 7.4.3 Information on any water storage facilities and capabilities and any proposed reuse and 11 conservation practices 12 7.4.4 A contingency plan or draft agreement with the District to discontinue the appropriation in the 13 event of restriction 14 Lower Minnesota River Watershed District Draft Rules 8 Rule H: Water Crossing Rule 1 8.1 Policy 2 It is the District’s policy to 3 a. prohibit the use of beds and banks of streams and lakes for the placement of roads, driveways, 4 and utilities; 5 b. regulate crossings of watercourses for driveways, roads, and utilities to maintain stream stability, 6 conveyance capacity, and the ability to transport, without adverse effect, the flows and detritus of 7 its watershed; 8 c. preserve the ecological integrity of the riparian and aquatic environment, including wildlife and 9 fisheries habitat and recreational water resources; and 10 d. encourage improvement of wildlife passage and habitat, especially for projects involving culvert 11 and public right-of-way in or near natural corridors. 12 8.2 Regulation 13 A DNR permit must be obtained, in coordination with the District, for horizontal drilling under or 14 placement of a road, highway, utility, bridge, boardwalk, or associated structure in contact with the bed 15 or bank of any waterbody, including alteration of a waterbody to enclose it within a pipe or culvert. 16 8.3 Exceptions 17 Coordination is not required for ecological restoration of a waterbody that has been significantly altered 18 from its natural state or degraded, for which the proposed application would provide a greater degree of 19 resource protection and restoration than would strict compliance with the rule. 20 8.4 Criteria 21 All projects under this rule shall be subject to the following: 22 8.4.1 Show the effects of the project through analysis completed by a qualified professional on the 23 stream’s physical characteristics, hydraulic capacity, and water quality 24 8.4.2 Time construction by taking advantage of seasons with no or low stream flow as appropriate 25 8.4.3 Time construction to avoid spawning seasons, if applicable 26 8.4.4 Demonstrate a public benefit and ensure the crossing will retain adequate hydraulic and 27 navigational capacity for the portion of a road, highway, utility, or associated structure that 28 crosses the bed or bank of any waterbody. If applicable, the project should not adversely affect 29 water quality and should represent the “minimal impact” solution to a specific need with respect 30 to all other reasonable alternatives. 31 8.4.5 Projects must follow the DNR manual Best Practices for Meeting DNR General Public Waters 32 Work Permit GP 2004-0001, as amended, when applicable. 33 8.4.6 Size and place stream crossings as follows: 34 Lower Minnesota River Watershed District 8-2 | Page Draft Rules a. Regardless of the stream’s width-to-depth ratio (bankfull width/mean depth), minimum culvert 1 width shall match or exceed stream bankfull width (water surface width at discharge associated 2 with the 1.5-year return period). Combined width of multiple culverts is satisfactory. 3 b. Culvert length shall extend beyond side slope toe and be buried to a depth of one sixth of its 4 height. 5 c. Slope of culvert shall match stream thalweg (the deepest continuous line along a watercourse) 6 slope. 7 d. When using multiple culverts, offset culvert inverts. Use the fewest and largest multiples 8 possible. A minimum vertical separation of one (1) foot is required between the lowest placed 9 culvert and multiples. 10 e. Alignment of culvert shall match stream alignment. 11 f. Additional consultation is required with DNR, the District, and other regulatory agency staff 12 when the stream is a designated trout stream or contains endangered or threatened species. 13 8.4.7 Preserve aquatic and upland wildlife passages. 14 8.5 Required Information and Exhibits 15 The following exhibits are required (one hardcopy set of plans [11 inches by 17 inches] and one set as 16 electronic files in a format acceptable to the District): 17 8.5.1 Construction plans and specifications certified by a registered professional engineer 18 8.5.2 An analysis prepared by a professional engineer or qualified hydrologist showing the effect of 19 the project on hydraulic capacity and water quality 20 8.5.3 An erosion control and site restoration plan 21 8.5.4 Provide a maintenance agreement. A declaration or other recordable instrument stating terms for 22 hydraulic capacity maintenance shall be recorded in the County Recorder’s or Registrar’s office 23 before activity commences. In lieu of recordation, a public body or project proposer without a 24 property interest sufficient for recordation may assume the maintenance obligation by means of a 25 written agreement. The agreement shall state that, if the ownership of the structure is transferred, 26 the public body shall require the transferee to comply with this requirement. 27 28 Lower Minnesota River Watershed District Draft Rules Figure 1 Lower Minnesota River Watershed District—High Value Resources Area Overlay District Map 1 #* #* #* #* #*#* #* #* Black DogLake Fen Black DogLake North Fen Nicols MeadowFen Black Dog Watershed Management Organization Lower Minnesota RiverWatershed DistrictEagan-Inver Grove Heights Watershed Management OrganizationLower Minnesota RiverWatershed District Lower Minnesota RiverWatershed District Bloomington Burnsville EaganBurnsville§¨¦35W 13 77 §¨¦35EBlack Dog CreekKe n n a l e y ' s C r e e k U n n am e d S t r e am Unn a m e d S t r e a m Unnamed StreamCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\1 BD&NM_Fen_and_BD&Kennaleys_Creek_Overview.mxd cronchetti 5/4/2018NORTH Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 1 of 5 2,000 0 2,000 Feet Scale: 1" = 2,000' Area Enlarged MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Trout Pond/Lake Riley-Purgatory-Bluff Creek Watershed District Lower Minnesota River Watershed District Municipal Boundary#* Black Dog Watershed Management Organization High Value Resource Area (HVRA) HVRA Overlay District #* #*Gun Club Lake South Fen Lower Minnesota RiverWatershed DistrictEagan-Inver GroveHeights WatershedManagement OrganizationBloomington55 §¨¦494 Gun Club Lake North Fen EaganEagan MendotaHeights Lower MississippiRiver WatershedManagement Organization§¨¦35E 13 5 COPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\2 Gun_Club_Fen_Overview.mxd cronchetti 5/4/2018 NORTH Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 2 of 5 1,500 0 1,500 Feet Scale: 1" = 1,500' Area Enlarged MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Trout Pond/Lake Riley-Purgatory-Bluff Creek Watershed District Lower Minnesota River Watershed District Municipal Boundary#* Lower Mississippi River Watershed Management Organization High Value Resource Area (HVRA) HVRA Overlay District #* #* #* Unnamed S t r e a m Savage Fen Bloomingto n 13 Lower Minnesota RiverWatershed District Prior Lake Spring Lake Watershed District Scott County WatershedManagement Organization SavageSavageShakopee Unnamed Stre a m Unnamed Stream Eagle CreekEagle Creek , Eas t Branch 21 £¤169 Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\3 Savage_Fen_and_Eagle_Creek_Overview.mxd cronchetti 5/4/2018NORTH Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 3 of 5 1,500 0 1,500 Feet Scale: 1" = 1,500' Area EnlargedCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\3 Savage_Fen_and_Eagle_Creek_Overview.mxd cronchetti 5/4/2018 MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Trout Pond/Lake Prior Lake Spring Lake Watershed District Lower Minnesota River Watershed District Municipal Boundary#* Scott County Watershed Management Organization High Value Resource Area (HVRA) HVRA Overlay District #* #* #* Chanhassen Shakopee ChanhassenChaskaRiley-Purgatory-Bluff Creek Watershed District Lower Minnesota RiverWatershed District Seminary Fen Lower Minnesota RiverWatershed District Carver County Water Management Organization Riley-Purgatory-Bluff Creek Watershed District 61 61 101 £¤212 Carver County Water Management Organization Assumptio n Creek Unna m e d S t r e a m COPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\4 Seminary_Fen_and_Assumption_Creek_Overview.mxd cronchetti 5/4/2018Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 4 of 5 NORTH 1,250 0 1,250 Feet Scale: 1" = 1,250' Area Enlarged MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Trout Pond/Lake Riley-Purgatory-Bluff Creek Watershed District Lower Minnesota River Watershed District Municipal Boundary#* High Value Resource Area (HVRA) HVRA Overlay District Lower Minnesota RiverWatershed District77 Bloomington494 EaganIke's C r e e k COPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Source: MNDNR, MN Geospatial Commons, ESRI, and Burns & McDonnell Engineering Company, Inc.Issued: 5/4/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\5 Ikes_Creek_Overview.mxd cronchetti 5/4/2018 NORTH Lower Minnesota River Watershed District High Value Resources Area Overlay District Map 5 of 5 1,000 0 1,000 Feet Scale: 1" = 1,000' High Value Resource Area (HVRA)MNDNR Publicly Available Data Jurisdictional Boundaries Calcareous Fen Point Trout Stream Lower Minnesota River Watershed District Municipal BoundaryHVRA Overlay District #* Area Enlarged Trout Pond/Lake Lower Minnesota River Watershed District Draft Rules Figure 2 Lower Minnesota River Watershed District—Steep Slopes Overlay District Map 1 Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Chaska Chanhassen ShakopeeChanhassen Assumption Creek As s u m p t i o n Cre e k Seminary Fen Bl u f f C r e e k Ch a s k a C r e e k Minnesot a Ri v erCh a s k a C r e e k Bl u f f C r e e k Chaska East Creek Lake Bavaria Lake Riley Hazeltine Lake Brickyard Clayhole McKnight Lake Lake Jonathan Firemens Clayhole Lake Grace Rice Lake 1 S T A V E W LYMAN BLVD PIONEER TRL 6 T H A V E W ENGLER BLVD COUNTY ROAD10 CHASKA BLVDHUNDERTMARKRDEOLDBRICKYARDR D F L Y IN G CLOUDDRB L U F F C R E E K D R H IG H W A Y 2 1 2VICTORIADRB A V A RIA RD POWERS BLVDCOUNT Y ROA D1 1 CHESTNUT ST NAUDUBON RDGREATPLAINSBLVDGUERNSEY AVEH I G H WA Y 1 0 1 Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 1 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Carver County Riley-Purgatory-Bluff Creek Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.LouisvilleTownship Text JacksonTownship Carver Chaska Shakopee Ca r v e rCr e e k Chaska Creek Carver Creek SandCreekChaska East CreekChaska CreekCarver Cr e e k Minnesota RiverCourthouse Lake Brickyard Clayhole Gifford Lake Firemens Clayhole 1 S T A V E W CHASKABLVDC H E S T N U T B L V D HIGHWAY169OLD BRICK YARD RD6 T H A V E W VIERLING DR W MAIN ST W CHESTNUT ST N 10TH AVE W C OU N T Y ROAD11COUNTY ROAD 140 1 7 T H A V E W 4THST E130TH ST W APGARSTSCOUNTY ROAD 78 FULLER ST SADAMS ST SKOEPER AVEHIGHWAY 212D A H L G R E N R D JONATHAN CARVER PKWYOLDCARVERRDMARYSTOWN RDSource:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 2 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Carver County Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Pond/Lake #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.EdenPrairieEden PrairieChanhassen ShakopeeShakopeeAs s u m p t i o n Cre e k Purga to ry C reek Riley Creek Bluff Creek Riley CreekPurgatoryCreekRiley CreekRiley C r e e k Bluff CreekFisher Lake Outlet Purgatory C r e e k Bl u f f C r e e kRiley CreekMinnesota Ri v e r Staring Lake Fisher Lake Lake Riley Red Rock Lake Rice Lake COLUMBINERDHOLMES ST SPIONEER TRL S H E N A N D O A H DRSARAZINSTVALLEYPARKDRMARSCHALLRDS4TH AVE E1STAVEW MITCHELL RDBRAXTONDRP R O S P E C T RD 1 S T A V E E 6 T H A V E W STARINGL A K E P K W Y EA G L E CR E E K BLV D CHAR L S O N R D LYMAN BLVDHIGHWAY212 COUNTYROAD101 HOMEWARD HILLS RDCANTERBURY RD SDELLR D EDENPRAIRIERDGREATPLAINSBLVDRILEY LAKE RD SPRINGR D FLYING CLOUD D R H I G H WA Y 1 0 1 Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 3 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Riley-Purgatory-Bluff Creek Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Shakopee Prior Lake Pike Lake Fisher Lake O'Dowd LakeHOLMES ST SEAGL E C R E E K B L V DVALLEYPARKDR10THAVEE 4TH AVE E VIERLING DR W 10TH AVE W VIERLING D R E 17TH AVE ESARAZINST CANTERBURY RD S6T H A V E W 1 S T A V E W MARSCHALL RD SAPGARSTSSPENCER ST SFULLER ST SADAMS ST SKOEPER AVE1 7 T H A V E W VALLEY VIEW RD ECOUNTY ROAD 78 COUNTY ROAD 101 130TH ST W 12TH AVE E CANTERBURY RDNWHIGHWAY 169 SO U THB RIDG E PKWY TOWNLINE AVEMARYSTOWN RDINDEPENDENCEDRCOUNTYROAD21Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 4 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Prior Lake-Spring Lake Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.EdenPrairie Shakopee Savage Bloomington Purgatory Creek Ninemile Creek Purgatory Cr e e k FisherLakeOutlet Ni n e m i l e C r e e k Minn e s o t a R i v e r Pur g a t o r y C r e e k Bush Lake Hyland Lake Fisher Lake 90TH ST W OLD SHAKOPEE RD W NORMANDALE BLVDFRANCEAVES98TH ST W 102ND ST WPOPLARBRIDGERDANDERSONLAKES P K W Y VENESSRD106TH ST W AUTO CLUB R D 94TH ST W XERXESAVESRIVERVIEW RD OVERLO OK D RCOUNTYROAD101 110TH ST W PIONEERTRL HIGHWAY 169BUSHLAKERDEBLOOMINGTONFERRYRDBUSH LAKE RDHENNEPIN TOWN RDHOMEWARD HILLS RDFRANLO RDSource:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 5 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Riley-Purgatory-Bluff Creek Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Savage Savage Bloomington Prior Lake SavageShakopee Burnsville Eagle Creek Savage Fen Eagle Cr e e k Credit RiverFisherLakeOutletCredit RiverMinnesota River Pike Lake Fisher Lake BURNSVILLEPKWYWLYNN AVEMCCOLL DR EAGLE CREEK BLVD C O U N T Y R O A D 1 8 HIGHWAY 13 W A U T O C L U B R D H IG H W A Y 1 6 9 O V E R L O O K D R COUNTYROAD101 WILLIAMS D RNORMANDALEBLVD HIGHWAY 13CRESTAVENESOUTHBRIDGE P K W Y COUNTYROAD21GLENDALE RDDAKOTA AVESource:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 6 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Black Dog Prior Lake-Spring Lake Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Eagan Bloomington Burnsville Black DogLake North Black DogLake FenNinemile CreekNinem i le C reek Minnesota River Black Dog Lake CLIFF RD E BURNSVILLEPKWYWCOUNTY ROAD5HIGHWAY 1 3 W COUNTYROAD11NICOLS RDCLIFFRDW RIVER R ID G E BLVD CLIFFLAKERDHI G HW A Y 13ERAHN RD106TH ST W CLIFF RDFRANCEAVESXERXESAVES110TH ST W O L D S H A K O P E E R D W WILLIAMS D R B U R N S V I L L E PKWY E DIFFLEY RD CARNELIANLNLYNDALEAVE SINTERSTATE 35EHIGHWAY77DUPONTAVESSLATERRDNICOLLETAVEINTERSTATE35WGALAXIEAVE126TH ST W Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 7 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Black Dog Eagan-Inver Grove Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.Bloomington Burnsville Eagan Bloomington Black Dog CreekK e n n a l e y ' s C r e e k Gun ClubLake South Black DogLake North NicolsMeadow Fen Minnesota RiverGun Club Lake Blackhawk Lake Black Dog Lake Oxboro Lake 24THAVES34THAVES102ND ST ELYNDALEAVES94TH ST W 98TH ST W 82ND ST W 90TH ST W PORTLANDAVES86TH ST W SIBLEY MEMORIAL HWYNICOLLETAVES28THAVESYANKEE DOODLE RD 86TH ST E LINDAU LN HIGHW AY13ERAHN RD106TH ST W OLDSHAKOPEERDESILVER BELL RD HIGHVIEW AVE COACHMAN RD98TH ST E LONE OAK RD FOUROAKSRD NICOLS RDD E E R W O O D DR CARNELIAN L N 102ND ST W 90TH ST E BLUE CROSS RDINTERSTATE35WOLDCEDARAVESIN T E R S T A T E 35EHIGHWAY 7 7 BLACKHAWKRDASHBURY RD Source:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 8 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Eagan-Inver Grove Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water Trout Stream #*Calcareous Fen Point Municipal Boundary Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCOPYRIGHT © 2018 BURNS & McDONNELL ENGINEERING COMPANY, INC.St. Paul Eagan Minneapolis Richfield Mendota Heights LilydaleMendota Bloomington Mendota Heights Gun ClubLake South Gun ClubLake NorthMiss iss ipp iRiver Minnesota RiverLemay Lake Gun Club Lake Upper Lake Crosby Lake Pool 2 Augusta Lake Snelling Lake Rogers Lake B L U E G E N TIA N R D MARIE AVE W AMERICAN BLVD E 34THAVESHIGHWAY 110 MENDOTA HEIGHTS R D CORPORATE CENTERD R 82ND ST E HIG H W A Y 5 5 EAGANDALE BLVDLEXINGTONAVESLINDAU LN 28THAVES60TH ST E HIGHVIEW AVE 58TH ST E 7TH ST W CEDARAVESBLOOMINGTON RDINTERSTATE35E76TH ST E 70TH ST E 66TH ST E HIGHWAY 77SHEPA R D R D 42NDAVESINTERSTATE 494HIGHWAY 5HIGHWAY 62 C O L V I L L E AV E PILOTKNOBRDSIBLEYM EM O RIALH W YDAVERN ST24THAVESHIGHW A Y 1 3BLOOMINGTONAVEEDGCUMBERDCLEVELANDAVE SHIAWATHAAVESource:ESRI, MNDNR, Minnesota Geospatial Information Office, Burns & McDonnell Engineering Company, Inc.Issued: 5/8/2018Path: Z:\Clients\ENS\LMRWD\95511_WatershedPlan\Studies\Geospatial\ArcDocs\FINAL Steep Slopes Overlay District.mxd cronchetti 5/8/2018NORTH 2,000 0 2,0001,000 Feet Lower Minnesota River Watershed District Steep Slopes Overlay District 9 of 9 9 1 3 5 8 2 4 6 7 Map IndexSteep Slope Watershed District Boundary Eagan-Inver Grove !!!Lower MS River Scott Lower MN River MNDNR Publicly Available Data Stream\River Impaired River or Stream Impaired Lake SNA - Fens PWI Water #*Calcareous Fen Point Municipal Boundary Agenda Information Memo July 2, 2019, Eagan City Council Meeting CONSENT AGENDA N. Easement Vacation and Final Plat (YMCA 3rd Addition) – Opus Development Company Actions To Be Considered: To approve a Vacation of public easements on Outlot A, YMCA 1st Addition. To approve a Final Plat (YMCA 3rd Addition) to one lot located at the SE quadrant of Dodd Road and Opperman Drive. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: Vacation ➢ In conjunction with the Plat, the developer requested a Vacation of a portion of the slope, drainage and utility easements over, under and across Outlot A, YMCA 1st Addition, including Document No. 659663. ➢ This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action in conjunction with approval of the Final Plat. ➢ A public hearing was held on the Vacation request on June 4, 2019 and action withheld to coincide with the approval of the YMCA 3 rd Addition. Final Plat ➢ The subject property consists of 10.7 acres and is Outlot A of YMCA 1st Addition. ➢ The property is zoned I-1, Limited Industrial. ➢ Prior to Building Permit approval, the property must be platted. ➢ The Dakota County Surveyor’s office has reviewed the Final Plat and approved it for mylars. Issues: None Attachments: (5) CN-1 Location Map CN-2 Vacation Location Map & Legal Description Graphic – Drainage & Utility Easements CN-2 Vacation Location Map & Legal Description Graphic – Slope, Drainage & Utility Easements CN-4 Final Plat CN-5 MnDOT Letter NORTHVIEWPARKRDS T O NEWOODCT S T O N EBRIDGECIR Q UAILRIDGERD OVERLOOK CTCAMP T O N C T ELRENERD G OVERNCIRCLESTONEWOOD RD SUNWO O D C TAIDAN 77TH TRAILS END RDBRADFORD P L RD WESCOTTSQUARELUNAR LANEMILLRUNLNTANGLEWOODCTGREATOAKSPLCHATHAM R D S E VERNWAY ROLLINGHILLS DR WINDTREEDRCIRCLE TROTTERSCTC H ESHIRECTMI K E C OLLIN S D R COVENTRYPARKWAY.ELRENE ROADFAIRHAVENRDS O UTHHILLS DR.LOUIS LANENORTH RIDGE DRMERSEY PTTILBURYWAYRED OAK DR PENNSYLVA NI A HANO V ERCTROLL LN.IVY LA N E HILLS IDE DR MILLRUNKENNETCIRCLEKUTOFFCTTHAMES AVESALLY MERSEYWAYBI G TI MB E RTRAILG REAT O AKSLN BECKER ROAD T ROTTERS RIDGE ALDRIN DRIVE HAVENHILL CIRSTATETRUNKHWY.NO.55 WORC H EST ER DR SOUTHHILLSCT WINDTREECIREL RENE ROADSUNWOODT RAIL ALBANY CIR STONEBRIDGE DR N R O L L I N G H ILL S P L AVE COVENTRYPARKWAYCHAPEL LANE WESCOTT HI L L S DR. ROLLINGHILLSD RBRADDOCKTRAILBRIDLE RDG CIR WINDM ILLCT LE ON ARDLN CANTERGLENCIR RITA CT BETTY LN C A N T E R G L E N DR COVENTRY PK W YELRENE ROADTHORWOOD CTWORCHESTERDRIVES T A T E T R U N K H WY . N O1 4 9 ELRENEROADPR OMONTORY PL COURTHOUSE LN REDOAKDRR O L L I N G H I L L S C R BRI DLE RDG RDMIKE COLLINS DRESK LANE COUNT RY V I E WDRBRIDLE RDG RDSTONEBR I DGEDRNEL RENE C T BORCHERTLN RANDOMRDSH O R T LINEHY LANDCT THAMESAVEW IN D T R E E K N O L L WOODLAND COURT AVON CTWOLFBERRY CTDODDROADRI DGEWOODDRROLLING HILLS DRNORTHBRIDGECT SUNCREST CT ELRENEROADLINDENLNB RID L E R D G R D ROLLING HILLS CTJOYCE CTMILL RUN CIR SADDLE WOODDRIVE SOUTH HILLS WAY FROMME CT WOODLANDTR AIL BRIARWOODLN.HUNTERSOVLKGREAT OAKS TRAIL BRENTWOODLN WREN LNBAFFINBAYN.H A V E NHILLRDCO. RD. NO.63 (DELAWARE TRAIL)EL RENE ROADTYNE LANE SOUTH HILLS HOLIDAY LNRIDGEWOO D D R W E S T WESCOTT ROAD COVE WELLAND CT APO LLO ROAD WOODL A N D TRAIL TRAILS END RD WAVENEY CT STREET BRIDLERID GEBLACKOAKDRBASSWOOD LANE OVERLOOK PL BRIDLE RDG RDELRENEROADHIDDENMEADOWTRBAYBERRYLNHILLSIDE CTRIDGEWOOD DREDENCIRCASTLE T O N L N ARLENECTBRI DGE WATER D RC A N T E R GLENLNCTWINDTREEDR STONEB R IDGEDRWILD ROSE CT W ORCH ESTER CIRS T A T E T R U N K H W Y. N O. 14 9HOLIDAY LNELRENERD REDOAKDRB R O C KT O N CIR MIL L R U N PATHARBOR CT BLACKOAKDRCAM B E R W E L L DR.N. C O .R D .N O .28 (Y A N K E E DOO DLE RD.)KNOLLWOODCTB R I D L E R I D G ERDSOUT H H ILLSLN.IVY CT CT G R E A T O A K S C IRMIKECOLLINSDR BRIDGEWATERDRPRAIRIERIDGER D WESCOTT ROAD BALDLAKECTNORTHVIEWPARKRD N O R T H VIEW PARK ROAD BRADFORD CIR C A S T L ETONCT STATE TRUNK HWY. NO. 55 T HAMESCIRSTONEWOODRDWOODCL I FF CTWESCOTTHIL L S D R BROC K T O NCURVEROLLINGHILLSDRLIN D E NCTRED OAKCT W INDTREE CTCO. HWY. NO. 28 (YANKEE DOODLE RD.) TRAIL CT ELRENEROADCHAPEL LANE O A K C T BRIDLERIDGERDLocation Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: YMCA 3rd AdditionRequest: Final PlatCase No.: 13-FP-07-04-19 Subject Site 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 DIFFLEY RD YANKEE DOODLE RD H WY 1 4 9 LEXINGTON AVEPILOT KNOB RDHWY 77HWY 13I - 35EHWY 55 I - 494 PILOT KNOB RDCLIFF RD LONE OAK RD CORPORATE CENTER DR. CORPORATE CENTER CUR. TRAPP RD. EAG. INDUST. RD. EAG. INDUST. RD.WEST SERVICE RD.EAGANDALECT.CENTERCT.EAGANDALEB L V D B L U EGE NTIAN ROAD VIKING S P ARKWAY CO M M ERSDR.WATERS R D.LON E OA KPKWY.LONE OAK D R. COURTHOUSELN.HOLIDAY LN.APOLLO RD. ALDRIN DR.MIKE COLLINS DR.LUNARLN.GEMINI RD.NEIL ARMSTRONG BLVD.LONE OAKCIRAMESCROSSINGR O AD O'NEILL DR OPPERMAN DR.DODD RD.PROMENADEAVE.CLUBVIEW DR.DENMARK AVE.DENMARK AVE.YANKEE PL.O'LE A R Y LNTOWNCENTREDRIVE DUCKWOOD DR.FEDERAL DR.CENTRALP A R K W A Y HIGH SITE DR. NORWEST DR. 81ST ST. W A SHNTNDR.FOUROAKS RD.COACHMAN RD.MEADOWVIEW RD. ALEXANDER RD.TERMINAL DR.YANKEE DR.C O M AN CHE R D. SHAWNEE RD.SENE C ARD.KENNEBEC DR.NICOLS RD. SILVER BELL RD.CEDAR GROVE PKW Y.NICOLS RD.ERIN DR.OLD SIB HWY.OLD SIB MEM HWY.RAHN RD.CLIFF L AKERD.SLATER RD.RAHN WAY RAH N CLIFFCT.BLACKHAWK RD.BLACKHAWK RD.GALAXIE AVE.JOHNNY CAKE RIDGE RD.THO M A SLAKERD.THOM.CEN TE R DR .WILD E R NESSRUNRD.DEER W OOD DR.NORTHVIEW PARK RD. WESCOTT RD.DODD RD.E L R E NERD. D OD D R D . RED PINE LN. NORTH W OODPKWY.MN Hwy 7 7 Cliff Road (Co. Rd. 32)Lexington Ave (Co Rd 43)Blackhawk Rd.Dodd Rd.Butwin Road Deerwood Dr. Wilderness Run Rd Duckwood Dr.Rahn RoadGalaxie Ave.Elr e n e Ro a d Northview Park Rd. Yankee Doodle Rd. (Co. Rd. 28) E l r e n e R d .JohnnyCakeRdgRd.Town Center Dr. Tho m a s LakeRd.Slater Rd.Braddock Tr.Federal DrivePilot Knob Road (Co. Rd. 31)CliffLakeRd.Cedar Grove Pkwy.Lone Oak Dr. Silver Bell Rd. Lexington Pt. Pkwy. N orth w oodPa r k w ay Crestridge Dr.Dodd RoadTowerview Rd.Denmark Ave Wescott Road Nicols Rd. Cliff Road (Co. Rd. 32) Lone Oak Rd. (Co. Rd. 26) Vikings P k wy. R edPin e Ln. Diffley Road (Co. Rd. 30) I-494 MN HWY 55 MN HWY 149MN H WY 1 4 9 MN HWY 55 Map of Location for ProposedDrainage & Utility Easement VacationsYMCA 1st Ad dition - Outlot A, q FIG 1 Date: 4 /29/2019L:\USERS\PUBWORKS\Engineering\T Strid\Easement Vacations Location of ProposedD&U Easement Vacations FIG. 2 FIG.2 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 DIFFLEY RD YANKEE DOODLE RD H WY 1 4 9 LEXINGTON AVEPILOT KNOB RDHWY 77HWY 13I - 35EHWY 55 I - 494 PILOT KNOB RDCLIFF RD LONE OAK RD CORPORATE CENTER DR. CORPORATE CENTER CUR. TRAPP RD. EAG. INDUST. RD. EAG. INDUST. RD.WEST SERVICE RD.EAGANDALECT.CENTERCT.EAGANDALEB L V D B L U EGE NTIAN ROAD VIKING S P ARKWAY CO M M ERSDR.WATERS R D.LON E OA KPKWY.LONE OAK D R. COURTHOUSELN.HOLIDAY LN.APOLLO RD. ALDRIN DR.MIKE COLLINS DR.LUNARLN.GEMINI RD.NEIL ARMSTRONG BLVD.LONE OAKCIRAMESCROSSINGR O AD O'NEILL DR OPPERMAN DR.DODD RD.PROMENADEAVE.CLUBVIEW DR.DENMARK AVE.DENMARK AVE.YANKEE PL.O'LE A R Y LNTOWNCENTREDRIVE DUCKWOOD DR.FEDERAL DR.CENTRALP A R K W A Y HIGH SITE DR. NORWEST DR. 81ST ST. W A SHNTNDR.FOUROAKS RD.COACHMAN RD.MEADOWVIEW RD. ALEXANDER RD.TERMINAL DR.YANKEE DR.C O M AN CHE R D. SHAWNEE RD.SENE C ARD.KENNEBEC DR.NICOLS RD. SILVER BELL RD.CEDAR GROVE PKW Y.NICOLS RD.ERIN DR.OLD SIB HWY.OLD SIB MEM HWY.RAHN RD.CLIFF L AKERD.SLATER RD.RAHN WAY RAH N CLIFFCT.BLACKHAWK RD.BLACKHAWK RD.GALAXIE AVE.JOHNNY CAKE RIDGE RD.THO M A SLAKERD.THOM.CEN TE R DR .WILD E R NESSRUNRD.DEER W OOD DR.NORTHVIEW PARK RD. WESCOTT RD.DODD RD.E L R E NERD. D OD D R D . RED PINE LN. NORTH W OODPKWY.MN Hwy 7 7 Cliff Road (Co. Rd. 32)Lexington Ave (Co Rd 43)Blackhawk Rd.Dodd Rd.Butwin Road Deerwood Dr. Wilderness Run Rd Duckwood Dr.Rahn RoadGalaxie Ave.Elr e n e Ro a d Northview Park Rd. Yankee Doodle Rd. (Co. Rd. 28) E l r e n e R d .JohnnyCakeRdgRd.Town Center Dr. Tho m a s LakeRd.Slater Rd.Braddock Tr.Federal DrivePilot Knob Road (Co. Rd. 31)CliffLakeRd.Cedar Grove Pkwy.Lone Oak Dr. Silver Bell Rd. Lexington Pt. Pkwy. N orth w oodPa r k w ay Crestridge Dr.Dodd RoadTowerview Rd.Denmark Ave Wescott Road Nicols Rd. Cliff Road (Co. Rd. 32) Lone Oak Rd. (Co. Rd. 26) Vikings P k wy. R edPin e Ln. Diffley Road (Co. Rd. 30) I-494 MN HWY 55 MN HWY 149MN H WY 1 4 9 MN HWY 55 Map of Location for ProposedDrainage & Utility Easement VacationsYMCA 1st Ad dition - Outlot A, q FIG 1 Date: 4 /29/2019L:\USERS\PUBWORKS\Engineering\T Strid\Easement Vacations Location of ProposedD&U Easement Vacations FIG. 3 FIG. 3 KNOW ALL PERSONS BY THESE PRESENTS: That Opus Development Company, L.L.C., a Delaware Limited Liability Company, owner of the following described property situated in the City of Eagan, County of Dakota, State of Minnesota: That part of Outlot A in YMCA IST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying westerly and southerly of a line described as commencing at the northeast corner of said Outlot A thence North 88 degrees 51 minutes 00 seconds West, along the north line of said Outlot A, a distance of 128.04 feet to the point of beginning of the line to be described; thence on a bearing of South a distance of 357.79 feet; thence on a bearing of East a distance of 128.02 feet to the east line of said Outlot A and said line there terminating. Has caused the some to be surveyed and platted as YMCA 3RD ADDITION and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat. In witness whereof Opus Development Company, L.L.C., a Delaware Limited Liability Company, has caused these presents to be signed by its proper officer this ----- day of ---------------, 20---. Signed: Opus Development Company, L.L.C., a Delaware Limited Liability Company its STATE OF . COUNTY OF The foregoing instrument was acknowledged before me this ------ day of -------------, 20---, by ------_ of Opus Development Company, L.L.C., a Delaware Limited Liability Company, on behalf of the limited liability company. (SIGNED) (PRINT) -------------------------------------- Notary Public, -----_ My Commission Expires I, Leonard F. Carlson, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this _______ day of Leonard F. Carlson Licensed Land Surveyor Minnesota License No. 44890 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this --------- day of (SIGNED) 20---, by Leonard F. Carlson, a Licensed Land Surveyor. (PRINT) -------------------------------------- Notary Public ,_____________-Minnesota My Commission Expires January 31, 20___ City Council, City of Eagan, State of Minnesota This plat of YMCA 3RD ADDITION was approved and accepted by the City Council of the City of Eagan, Minnesota at a regular meeting thereof held this ______ day of ____________- 20__, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. -31 Mayor Clerk OFFICIAL PLA T AP AP liJiJl►��J��l County Surveyor, County of Dakota, State of Minnesota I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this ------------> 20---• Todd B. Tollefson, L.S. Dakota County Surveyor Department of Property Taxation and Records, County of Dakota, State of Minnesota day of Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20___ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this _____ day of __________, 20___. Amy A. Koethe, Director Department of Property Taxation and Records Registrar of Titles, County of Dakota, State of Minnesota I hereby certify that this plat of YMCA 3RD ADDITION was filed in the office of the Registrar of Titles for public record on this 20---, at — — — — — — — o'clock __.M., and was duly filed in Book ----------- of Plats, Page -----, as Document Number Amy A. Koethe, Registrar of Titles day of PRELIMINARY jjSuNDE Date: 06/10/2019 LAND SURVEYING SHEET > OF 2 SHEETS OFFICIAL PLA T YMCA 3RD A DDI TION U V L-1 L-111 l l l U l V / DETAIL FOR EASEMENT \ NUMBER 659663 AS / / CORRECTED BY DOC. NO. \ /-NW CORNER \ / OF OUTLOT A N89 008'06 "W 730.7/ ----- rn \ a i -POINT OF BEGINNING FOR TRAIL EASEMENT ,_-S71 °23'31 "W 3.97 S71°23'04"W o� S09056'52"W POINT OF--- S09°57' 19"W \ BEGINNING FOR / 33.84 ROADWAY v /-' x\ 16.97 EASEMENT 16.87 ,\----POINT OF BEGINNING AND LINEA FOR SLOPE EASEMENT 100, _70 00, \ �\ 0OF 07 \ \ \ \ \\\s \a \ 00 \_. Z\tea\ \ /-NW CORNER OF OUTLOT \ 0 0 I ' v \ UTILITY ANDS= HIGHWAY EASEMENT PER DOC. NOS. \ Q 0 0 ' v ao\ 249201 & 240381 o \ AO 4� \ = = \ Tom`', \ \ \ \ \ \ rn a N _ CPdo \� \ \ sa�a00 \ s Oar° 50 0 50 100 \ \ SCALE IN FEET VICINI T Y MAP SEC. 13, TWP. 27, RGE. 23 —IN-] ^` n O w O OPPERty1AN DF J a � u) �O 0 I i ti�S/ Z TE I:C \ \ \ 0 60 120 \ v \ \ \ SCALE IN FEET \-- ----=-EASEMENT FOR SLOPE, \ v A_ DRAINAGE AND UTILITY PURPOSES PER DOC. NO. 659663 \ o \\ \ S63035'10" E ` S63035'37"W \` \ \ 10.00 �( v °ov \u J,aa6'o 00 LEGEND 2°; �� v `��\ , �� 9 9g 5.0� \,\o'� P • Denotes found iron monument, unless `� "'N6°��' ' V'� of \ otherwise noted \ Denotes 1.17 inch diameter copper magnetized marker with disc cap affixed \ stamped LS -44890 set o Denotes Access Control Per Minnesota \ Department of Transportation Right of Way Map No. 13-37 [] Bearings and/or dimensions listed within \ brackets are per YMCA 2ND ADDITION 0 Bearings and/or dimensions listed within \ parenthesis are per YMCA IST ADDITION XX Denotes bearings and/or dimensions per Doc. No. 659663 g / - 9.80 S63°34'45"W 10.00 SW CORNER - OF OUTLOT A / / / > lV/ lV l\ U --- S89 008'06'E 730.7/ --- (S88051'00"E) I ;A ��ovo �v s o \vo�� o"' �'A 13 -3 '4k�' v � \ s 30 ----- -NORTH LINE OF OUTLOT A - - ,, /,-NE CORNER OF OUTLOT A I N89008'06"W 1853.95 n co N cn [EAST] /J0 50 RLS 8612 (WEST) �0 0 0 335.0 S6 0 3A 3S6�°b\L—�� I PRELIMINARY Date: 06/10/2019 JISUNDE LAND SURVEYING SHEET 2 OF 2 SHEETS Q0 N I r - \M ° — N 0O w Z Z w = N 0 w Z J U Ld �N w O 1\ E CORNER OF SEC. 13, T. I 27, R. 23. FOUND MAG/DISC % PRELIMINARY Date: 06/10/2019 JISUNDE LAND SURVEYING SHEET 2 OF 2 SHEETS Metropolitan District 1500 County Road B-2 West Roseville, MN 55113 An equal opportunity employer May 15, 2019 Mike Ridley, Planning Director Eagan Municipal Center 3830 Pilot Knob Rd Eagan MN 55122 SUBJECT: YMCA Third Addition MnDOT Review #P19-033 SE quad MN 149 and Opperman Drive City of Eagan, Dakota County Control Section 1916 Dear Mr. Ridley: The Minnesota Department of Transportation (MnDOT) has reviewed plans received 4/30/19 for the above referenced project in compliance with Minnesota Statute 505.03, subdivision 2, Plat approval; road review. Before further development, please address the following: Drainage Additional information is needed to determine whether or not a MnDOT drainage permit will be required. Please provide the following: 1. Explain in detail how drainage at the SW corner of this development to the MnDOT system is to occur. One of the structures along this line is apparently labeled “SMH.” Please clarify. 2. Provide hydraulic analysis on the MnDOT 21-inch RCP in the same corner. The plans do not specify the diameter of the proposed connecting pipe. Please contact Chris Chatfield of MnDOT’s Metro District Water Resources Engineering Section at Christopher.Chatfield@state.mn.us or 651-234-7365 to coordinate and address related questions. Surveys Please show existing MnDOT access control as shown on MnDOT R/W Map No. 13-37 (see attached Figure 1). For questions, please contact Casey Crisp of MnDOT’s Surveys Section at Casey.Crisp@state.mn.us or 651-366-4332. 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. Transit Minnesota Valley Transit Authority (MVTA) Route 445 operates every 30 to 60 minutes through the day, evenings, and weekends servicing stops along both Dodd Road and Opperman Drive. MVTA also Page 2 of 4 has bus stops at the intersection of Dodd Road and Opperman Drive. The location of bus stop in the vicinity of the project should be shown, and any construction-phase or permanent impacts to them should be minimized in coordination with MVTA. For questions, contact Carl Jensen, MnDOT’s Metro District Transit Advantages Engineer, at Carl.Jensen@state.mn.us or 651-234-7505. Intersection of MN 149 and Opperman Drive MnDOT encourages the city to review the anticipated traffic generation for the range of uses that could occur at the project site to better understand how different types and intensities of development could affect safety and operations at the signal at MN 149 and Opperman Drive, as well as evaluating how the access works overall along Opperman Drive. A significant number of cars are likely making U-turns at the left-turn immediately east of the MN 149/ Opperman Drive intersection. This turn lane is intended to serve future development in the northeast quadrant of this intersection, but it is apparently currently being used to bypass the traffic signal for vehicles heading northbound on TH 149 (right-turn, u-turning, and turning right). This left turn lane is relatively close to the intersection, which may be allowing this bypass maneuver to occur. Also, because the left turn access to the northeast quadrant is only 130 feet back from the crosswalk at the signal, queuing trucks could block this access. For questions, contact Matthew Engstrom of MnDOT’s Metro District Engineering Section at Matthew.Engstrom@state.mn.us or 651-234-7724. Pedestrians and Bicycles MnDOT recommends that a pedestrian walk be provided from the trail on Opperman Drive to the building so that people walking from the existing trails on Opperman Drive and Dodd Road, as well as the bus stop on Opperman Drive near the YMCA, will not have to walk in the driveway and mix with trucks and cars. Please direct related questions to Cameron Muhic of MnDOT’s Metro Multimodal Planning Section at Cameron.Muhic@state.mn.us or 651-234-7797. Review Submittal Options MnDOT’s goal is to review proposed development plans and documents within 30 days of receipt. 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. Page 3 of 4 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 Jeff Rones, Design Nick Olson, Water Resources Chris Chatfield, Water Resources Ben Klismith, Right of Way Almin Ramic, Traffic Molly Kline, Area Engineer Matt Engstrom, Engineering Casey Crisp, Surveys Matthew Thiel, Sunde Land Surveying Cameron Muhic, Multimodal Todd Tollefson, Dakota County Surveyor Russell Owen, Metropolitan Council Page 4 of 4 Figure 1 Existing MnDOT Access Control as shown on R/W Map No. 13-37 Agenda Information Memo July 2, 2019, Eagan City Council Meeting CONSENT AGENDA O.Final Subdivision (Manley Gun Club) – Gun Club Eagan LLC Action To Be Considered: To approve a Final Subdivision (Manley Gun Club) to create 10 single‐family lots upon approximately 3.9 acres located west of Brooklyn Lane and east of Hwy 3 bordering on Rosemount to the south. Facts: City ordinance allows one year to complete a Final Subdivision following Preliminary Subdivision approval. The City Council approved the Preliminary Subdivision for Manley Gun Club on September 5, 2017, and a one‐year extension of the preliminary approval was approved to September 5, 2019. The Final Plat has been reviewed by staff and is consistent with the preliminary approvals, and the County Surveyor has reviewed the plat and approved it for mylars. All documents and agreements are in order for execution at the City Council meeting on July 2, 2018. Issues: None Attachments: (2) CO‐1 Location Map CO‐2 Final Plat CO-3 Development Contract and Other Agreements SPRUCE CIRSPRUCE STREET SYCAMORE DRIVEPINE LANEBROOKLYN CT CAYLIN CT TWINS CTBROOKLY N A V E120TH ST MA J ESTICOA K S C T WESTONH I LLS CT STRATFORDLANEWESTON HILLS DRIVEWATERVIEWCOVE FARM ROAD R E D PINE LN BISCAYNE AVEREDPIN ECTWOODLAND WAY MAJESTIC OAKS PLC.S.A.H. NO. 32 DODDROADREDPOLL CTWHITEPINE WAYWESTONHILLSDR SYCAMORE DRFAWN RID G E T RAI L WHITETA IL WAYNORTHHAYLAKER O A D WHITETAILWAYCA R IB OULNN.HAY LAKE R D O V ERHILL ROAD S.HAY LAK E ROADSG REEN L E A F DRACORNST W GREENLEAF DRN GREENLEAF DR E GR EENLEAFDRE GREENLEAF DRD O D D R O A D O AKPONDR O A D WGREENLEAFDRRED PINE LN MCFADD ENS TRAILISABELLECTROSA CT SHELERUD DR P INECONETRLP I NECONECIRDODDROADMCFADDENSTRA I L MANORDRMANOR DR TAMIE AVE ALLAN LANE MIDDLE LANE WESTONHILLSDRIVEOAKP ON D RDOA K POND C I R WESTON HILLS PL WHITE PINE WAYSYCAMORE CTC.S.A.H. NO. 32 TODD AVE D O D DROADTAMIEAVEBRISTOLBLVDC.S.A.H .NO.32 (CLIFF ROAD )C.S.A.H .NO.32 (CLIFF ROAD )C.S.A.H. NO. 32 (CHICAGO,MILWAUKEE,ST.PAUL&PACIFICRAILROAD)7 SOO LINE RRGUN CLUB ROAD C.M.ST.P.&P.R.RSOOLINERAILROAD(SOUTH ROBERT TRAIL)STATETRUNKHWY.NO.3MARSH COURT NAUVOO LANEREDPINELANE PAR KSIDE COURTPARKSID ECIR C L ESWE E T S T HiddenCornerPark HistoricHolzFarm Park SouthOaksPark Oak PondHillsPark Park Lebanon HillsRegional Park HolzFarmPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Manley Gun ClubRequest: Final Subdivision Subject SitesSubject Sites TextTextTextTextText ROSEMOUNT INVER GROVE HEIGHTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ________________________________________________________ _______________________________________________________________ DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND GUN CLUB EAGAN, LLC FOR THE DEVELOPMENT OF MANLEY GUN CLUB ADDITION _______________________________________________________________ ____________________________________________________ THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB (206-38632) 2 THIS AGREEMENT, made and entered into the _____ day of ____________, 2019, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); and Gun Club Eagan, LLC, a Minnesota limited liability company, ("Developer" and “Owner”). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as “Manley Gun Club” located within the City; and WHEREAS, the City approved the plat on condition that the Developer enter into this contract and furnish the security required by it. NOW, THEREFORE, the City and Developer agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the terms and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer as part of the Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the improvements to or for the Subdivision to be installed or constructed by Developer. Developer - Gun Club Eagan, LLC. Whenever the term “Developer” is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property. 3 Development - The subdivision of the Property and the installation and construction of all Improvements required in order to make the Property suitable for the Developer's intended use, as approved by the City. Development Manager - Kurt Manley, Hunter Homes, LLC, whose address is 755 Diffley Road, Eagan, Minnesota, 55123, and who is hereby authorized by the Developer to address any and all concerns of the City in regard to the Development and is also designated by the Developer to receive any and all notices, official or otherwise, from the City as required by this Contract. Engineer - John Molinaro, MN License No. 45831, a registered professional engineer licensed to practice in the State of Minnesota. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of Special Assessments, construction of all improvements and payment of the cost of all improvements. Improvements - Improvements required to make the Property suitable for the Developer's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to: grading and drainage; sanitary sewer system; water system; storm sewer; storm water retention ponds; streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland boundaries, mailbox supports and trails and sidewalks, if applicable. Insurance - Public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of Developer's subcontractors or by one directly or indirectly employed by any of them. 4 Landscape Architects - Jennifer Thompson, MN License No. 44763, a registered professional landscape architect licensed to practice in Minnesota. Outlot - A platted lot to be developed for a use which will not involve a building or to be reserved for future replatting before development. Owner - Gun Club Eagan, LLC is the fee owner of the Property, any contract for deed holder, or any other person or entity having a legal and/or equitable interest in the fee ownership of the property. For purposes of this Agreement, the term "Developer" shall include any and all owners. Plat - The subdivision of the Property into lots and blocks, easements, streets and public right-of-ways as shown on the attached Exhibit "A" and subject to the conditions attached hereto as Exhibit “B”. Permit to Proceed - A written letter issued by the City setting forth that all conditions precedent to Development have been satisfied and that the Developer may proceed with construction of the Improvements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer into the Plat shown on Exhibit "A" attached hereto. Public Improvements - Any type of improvement as defined by Minnesota Statutes §429.011 et al., which will be maintained and owned by the City. Special Assessments - All costs for improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Storm Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City of Eagan at City Hall. 5 Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. Surveyor - Peter J. Hawkinson, MN License No. 42299, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Commencement of Improvements. Within the Plat or Property to be platted, the Developer may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied: A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Insurance. The Developer shall take out or cause to be taken out and maintain, until six (6) months after the City has accepted the Public Improvements, a policy of Insurance with limits for bodily injury and death of not less than $500,000.00 per person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $500,000.00 for each occurrence; or a combination single limit policy of $1,000,000.00 or more. The Developer shall file with the City a certificate evidencing coverage and naming the City and its officers and agents as additional insured, prior to the City signing the Plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the modification, amendment or cancellation of the insurance. 2.3 Phased Development. If the Plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract 6 and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. Park dedication, park trail fees, area charges, and charges for lateral benefits referred to in this Contract are not being imposed on Outlots, if any, that are designated for future subdivision into lots and blocks. These charges and others in effect will be calculated and imposed when the Outlots are finally platted into lots and blocks, at the rates then in effect. 2.4 Effect of Subdivision Approval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Engineer, Architect, Landscape Architects, and/or Surveyor with duly noted certification thereon, and shall have been submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: Plan I - Plat prepared by: Peter J. Hawkinson, MN License No. 42299. Plan II - Sanitary Sewer & Watermain Construction Plan dated April 12, 2018, with the latest revision date of June 13, 2019, prepared by: John Molinaro, MN License No. 45831. 7 Plan III - Storm Sewer Plan dated April 12, 2018, with the latest revision date of June 13, 2019, prepared by: John Molinaro, MN License No. 45831. Plan IV - Street Plan dated April 12, 2018, with the latest revision date of June 13, 2019, prepared by: John Molinaro, MN License No. 45831. Plan V - Grading & Erosion Control Plan dated April 12, 2018, with the latest revision date of June 13, 2019, prepared by: John Molinaro, MN License No. 45831. Plan IV - Landscape-Tree Plan dated April 12, 2018, with the latest revision date of June 13, 2019, prepared by Jennifer Thompson, MN License No. 44763. Developer has contracted with Dakota Electric Association to prepare a Street Light Plan. 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect, Landscape Architect and/or Surveyor must be in conformance with the Standards adopted by the City. Submission of the required plans by the Developer shall act as a representation by the Developer that the plans are designed properly and that the Improvements will properly function as designed. 3.3 Permits. It is the responsibility of the Developer to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, permits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; Board of Soil and Water Resources; railroads; utility companies; Minnesota Department of Natural Resources; Army Corp of Engineers; Minnesota Pollution Control Agency; Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporation into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied 8 by any agency due to the failure of the Developer to obtain or comply with the conditions of such approvals, permits, and licenses shall be the sole responsibility of the Developer. The Developer agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting from any failure of the Developer. The Developer is required to obtain a General Storm Water Permit for Construction Activity from the Minnesota Pollution Control Agency (MPCA). This permit shall remain in full force and effect during the course of development and until the Developer files a Notice of Termination of the permit with the MPCA. The Notice of Termination shall not be filed until all grading and temporary/ permanent erosion control measures required by the MPCA and the City, and set forth in the Grading & Erosion Control Plan. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer shall be done in conformance with this Contract; state statutes and regulations; and the City Code and Standards promulgated thereunder. It is understood and agreed that the failure of the City to promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 4.2 Completion Dates. Improvements required shall be completed no later than the following dates: Item: Date: a) Site Grading June 21, 2019 b) Restoration and Soil Amendments/Stabilization July 31, 2019 c) Right-of-Way Site Survey Pins Nov. 30, 2019 d) Subdivision Lot Corner Pins Nov. 30, 2019 e) Utilities (sanitary, water, storm sewer) July 31, 2019 f) Streets (concrete curb and gutter, gravel base and the first lift of asphalt) August 15, 2019 g) Railroad Swale Restoration & Stabilization June 21, 2019 h) Infiltration/Filtration Basin Nov. 30, 2020 9 i) Mailbox Support Structures Nov. 30, 2019 j) Street Lights July 30, 2019 k) Street (Wear Course) August 30, 2020 l) Landscaping Nov. 30, 2019 Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Preconstruction of Improvements Meeting. Upon the securing of all Permits required in Paragraph 3.3 and the payment of all escrows and money deposits required by the City, the Developer shall coordinate a preconstruction meeting with the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. 4.4 Erosion Control & Stormwater Management. Before the site is disturbed, and any utility construction is commenced or building permits are issued, the Grading & Erosion Control Plan (Plan V), shall be implemented by the Developer and inspected by the City. The City or its designated agent may, in their discretion, impose additional reasonable erosion control requirements for maintenance purposes as identified in the Standards. All areas disturbed by grading, excavation and backfilling operations shall be restored in accordance with the Grading & Restoration Plan (Plan V) within fourteen (14) days after the completion of the work in that area, but no later than the date set forth in Paragraph 4.2. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the Grading & Erosion Control Plan or the supplementary instructions imposed by the City or its designated agent, in conformance with its Standards, the City may take such action as it deems appropriate to control erosion. Except in cases of emergency, the 10 City will notify the Developer three (3) days in advance of any proposed action, but failure of the City to do so will not affect the City's rights or Developer's obligations hereunder. The Developer shall reimburse the City for all related costs the City incurred for such work within ten (10) days of notice by the City of the actual costs paid by the City. The City may draw on the Financial Guaranty to pay all related costs. No Development and related activity shall be allowed, and no building permits will be issued until the Property is in full compliance with the erosion control requirements. Within thirty (30) days after completion of the grading and before the City releases the security, the Developer shall provide the City with an “as constructed” Grading Plan certified by a registered land surveyor or engineer that all stormwater management facilities (for runoff rate control and water quality treatment), swales, and ditches have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) Cross sections of stormwater management facilities, b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches and installed “conservation area” posts, and c) lot corner elevations and house pads. The City will withhold issuance of building permits until the approved certified Grading Plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. 4.5 Subdivision Lot Corners. Within one (1) year from the date of this Contract, the Developer shall verify by written notice to the City that all Subdivision lot corner pins have been installed. 4.6 Performance. The Developer shall instruct its Engineer to provide adequate field personnel to assure an acceptable level of quality control. The Engineer must be able to certify to the City that the installed Improvements meet the City Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City 11 inspectors and/or civil engineers inspect the work on a full or part time basis. The Developer, its managers, engineers, contractors and sub-contractors shall follow all instructions received from the City or its designated agents. 4.7 License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. 4.8 Occupancy. No occupancy of any building in said plat shall occur until water and sanitary sewer and storm sewer/drainage/management facilities and public access with a minimum of gravel base and curb and gutter have been installed, inspected and deemed available for use by the City. The Developer shall be responsible to maintain reasonable access to any occupied building, including street maintenance such as grading, graveling, patching and snow removal and ice control prior to City acceptance of ownership pursuant to Paragraph 5.3. SECTION V INSPECTIONS AND COMPLETION 5.1 Inspection. The City or its designated agent shall periodically inspect the Improvements installed by the Developer, its contractors, sub-contractors or agents. Any inspections made pursuant hereto shall be done for the sole benefit of the City; however, such reports shall be delivered to the Development Manager within a reasonable time following inspection. The Developer hereby waives any right to rely on or to be assured of any approval by reason of any inspection. The Developer, its contractors, and sub-contractors shall follow all reasonable instructions received from the City or its designated agents covered, to allow the City an opportunity to inspect the Improvement work. The Developer shall notify the City Public Works Department at least two (2) full working days prior to the commencement of the site grading operation, laying of utility lines, sub-grade preparation, the laying of gravel base or bituminous surfacing for street construction or any other 12 Improvement work which shall be substantially buried or covered. Should the Developer fail to timely notify the City to allow the City to inspect the work, the City may at the City's option, require the Developer to uncover and/or replace or reconstruct any of the before-mentioned work in such a manner so as to provide the City with an opportunity for inspection. 5.2 Completion. Within thirty (30) days after completion of the Improvements, the Developer shall supply the City with a complete set of reproducible As-Built plans in accordance with City Standards. Likewise, the Developer shall give written notice within thirty (30) days of the completion of Improvements, that the Improvements have been completed in accordance with the City Code, Standards and the plan and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer of any Improvements that do not appear to conform to the City Code, Standards and/or the submitted plans and specifications. If Developer's Improvements do not conform to the City Code, Standards and submitted plans and specifications or are later discovered to not conform, the City shall immediately notify the Development Manager of the need for repair or replacement. The City may, in cases of emergencies, proceed to cure the default by Developer, the Developer hereby waiving any and all rights to notice of default. Any cost incurred by the City to cure the default shall be the financial obligation of the Developer, and shall be paid to the City within ten (10) days of receipt of a bill for such costs. 5.3 Ownership and Acceptance of Public Improvements. After satisfactory completion of the Improvements and verification by the City personnel that the work and construction required by this Contract complies with all codes, standards and approved plans, and upon acceptance by the City Council the Public Improvements lying within public easements and right-of-ways shall become City property. 13 5.4 Clean-up. The Developer shall clean dirt and debris from streets, storm water conveyance systems (including sumps), stormwater management facilities (for runoff rate control and water quality treatment), wetlands and adjoining property that resulted from construction work by the Developer, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 The Amount. The final Subdivision shall not be approved and no work shall be commenced under this Contract until the Developer has deposited with the City a Financial Guaranty in the total amount of Fifty-five Thousand Nine Hundred Twenty-five and No/100 Dollars ($55,925) securing the full performance of this Development Contract. The Developer shall furnish the City with the Financial Guaranty from a bank or lending institution acceptable to the City. The amount of the Financial Guaranty was calculated as follows: A - IMPROVEMENTS Item Amount Street Identification/Traffic Control Signs $ 350 Street Lights $ 6,000 Lot Corners $ 1,500 Subdivision Monuments $ 2,000 Mail Box Support Structures $ 2,000 Tree Mitigation & Landscaping $ 16,800 Tree Protection Guarantee $ 2,525 Erosion Control $ 10,000 Grading & Restoration $ 14,750 Subtotal A Improvements $ 55,925 B - PUBLIC IMPROVEMENTS Item Amount Watermain Lateral w/ Services $ 33,720 Sanitary Sewer Lateral w/ Services $ 42,300 14 Storm Sewer $ 35,160 Streets $ 85,200 Railroad Swale Restoration/Stabilization $ 6,000 Infiltration/Filtration Basin $ 19,000 Fiber Optic Conduit & Handholes $ 1,800 As Builts $ 6,000 Legal, Financial and Engineering $ 68,754 Subtotal B Public Improvements $297,934 TOTAL A + B Improvements $353,859 This breakdown is for historical reference only. It is not a restriction on the use of the Financial Guaranty. The bank or financial institution and the form of the Financial Guaranty shall be subject to the approval of the City Finance Director and City Attorney. The bank or financial institution must have a business office for presentment of the Financial Guaranty within the Minnesota seven county Metropolitan Area. The City may draw down the Financial Guaranty to pay for all costs and expenses incurred by the City to enforce this Contract including the costs incurred by the City in connection with the collection of the Financial Guaranty. Such costs to include any remediation or completion of Improvements. If the Financial Guaranty is drawn down, the proceeds shall be used to cure the default and, to the extent possible, reimburse the City its costs and expenses. 6.2 Terms. The Financial Guaranty may be for a stated term provided it is automatically renewable. The City may draw on the Financial Guaranty, without notice, after an Event of Default has occurred under this Contract, which has not been remedied within any applicable cure period or upon receiving notice that the Financial Security will be allowed to lapse. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Financial Security, the City may also draw down the Financial Security. 6.3 Claims. In the event that the City receives claims from subcontractors or materialmen that work required by this Contract has been performed and money due them have not been paid, and 15 the subcontractor or materialmen are seeking payment out of the Financial Guaranty posted with the City, the Developer hereby authorizes the City, at the City's discretion, to commence an Interpleader action pursuant to Rule 22 of the Minnesota Rules of Civil Procedure for the District courts at the Developer's expense, to include court costs and attorney fees. The Developer further authorizes the City to draw upon the Financial Guaranty in the amount of one hundred twenty-five percent (125%) of the claim together with attorneys' fees and court costs, and to deposit the funds in compliance with the Rule. Upon such deposit, the Developer shall release, discharge and dismiss the City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine the amount of attorneys' fees, costs and expenses owed to the City pursuant to this Contract. 6.4 Contract Management Account. The payment of all sums due hereunder is in addition to the sum of Thirty-four Thousand, Three Hundred Seventy-seven and No/100 ($34,377.00) paid or to be paid by Developer as a contract management fee as identified in the Escrow Deposit Agreement signed by Developer. SECTION VII PARK AND TRAIL DEDICATION 7.1 Park Dedications. The Developer shall pay a cash contribution of Thirty-Five Thousand Seven Hundred Ninety and No/100 Dollars ($35,790.00) in satisfaction of the City's park dedication requirements as provided for by the City Code. The charge is calculated as follows: Ten (10) lots at Three Thousand Five Hundred Seventy-nine and No/100 Dollars ($3,579.00) per lot. The contribution for Residential Development shall be paid to the City before the City releases the final plat for recording. 16 7.2 Trail Dedication. The Developer shall pay a trail dedication fee of Two Thousand Five Hundred Eighty and No/100 Dollars ($2,580.00) in satisfaction of the City Park Trail Dedication requirement as provided by the City Code. The charge was calculated as follows: Ten (10) lots at Two Hundred Fifty-eight and No/100 Dollars ($258.00) per lot. The contribution for Residential Development shall be paid to the City before the City releases the final plat for recording. 7.3 Water Quality. Pursuant to the City's Water Quality Management Plan, the Developer shall meet the City’s Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management including effective retention for 1.1” volume control on the site’s new and fully-reconstructed impervious surfaces, effective pre-treatment for stormwater management facilities, soil loosening and amendment prior to final stabilization of all soils that are proposed to be revegetated including on all individual parcels, and runoff rate control, in accordance with the Requirements. The developer shall deposit a financial security for its performance hereunder as noted in Paragraph 6.1 hereof. 7.4 Use of Park Property. The Developer is prohibited from storing heavy construction equipment upon dedicated park land or trailways. Furthermore, the Developer shall notify the Parks and Recreation Department within seventy-two (72) hours of the completion of the establishment of all property line monumentations adjacent to dedicated or existing park land to allow the City the opportunity to identify the park boundary lines. Failure to notify the City within this time period or to perform this lot corner monumentation prior to building permit issuance for lots adjacent to the park land will obligate the Developer to pay for any surveying costs incurred by the City to establish these boundaries. 17 SECTION VIII WARRANTY 8.1 Design, Material and Workmanship. Unless a longer warranty period is provided by Minnesota law, the Developer warrants all Improvements required to be performed by Developer, its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance by the City (pursuant to Paragraph 5.3 hereof). Developers shall provide a warranty bond(s), in an amount equal to fifty (50%) percent of the Public Improvements as identified in Paragraph 6.1, for a two (2) year period commencing upon the City's acceptance of the Public Improvements. The Developer shall be solely responsible for the cost and expense to perform all required repair work to City Standards within thirty (30) days of written notification by the City. SECTION IX ASSESSMENTS AND CONNECTION CHARGES 9.1 Improvements. All special assessments for the Public Improvement Project installed by the City of Eagan as identified in this Contract shall be spread equally over 15 years, together with a rate of interest as determined by the City Council, using as a basis the interest paid by the City for the general obligation bonds necessary to finance the Public Improvements. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any right to object to such assessments, as provided for under Minn. Stat. §429.081. 9.2 Financial Obligation. The Developer shall pay and hereby waives any right to object to the payment of any Connection and Availability Charges for the utilities provided by the City. The Developer also waives the right to object to the levying of the assessment for the Connection or Availability Charges. The Connection and Availability Charges have been computed using the City's adopted Fee Schedule as follows: 18 ITEM QUANTITY RATE AMOUNT Watermain - Trunk 10 lots $1,729.10/ lot $17,291.00 Sanitary Sewer - Trunk 10 lots $1,657.60/ lot $16,576.00 TOTAL $33,867.00 If not paid in full within thirty (30) days, any balance due will be levied as a special assessment with interest accruing from the date of final plat approval. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any right to object to such assessments, as provided for under Minn. Stat. §429.081 and shall execute the waiver in the form of Exhibit "C" attached hereto. SECTION X RESPONSIBILITY FOR COSTS 10.1 Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; permits; the cost of persons doing work or furnishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including environmental assessments and/or environmental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 10.2 Hold Harmless. The Developer shall hold the City and the City's officers, employees, and agents harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Plat approval, the Development and/or the breach of this Contract. The Developer shall indemnify the City and the City's officers, employees, and agents against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 19 10.3 Reimbursement. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer shall pay in full all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (30) days of receipt. If the bills are not paid on time, the city may halt construction of the Improvements until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight (8%) percent per year. 10.4 Payment of Special Assessments. The Developer shall pay or cause to be paid when due and in any event, before any penalty is attached, all Special Assessments referred to in this Contract. 10.5 Additional Charges. In addition to the charges and Special Assessments referred to herein, other charges may be imposed such as but not limited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 10.6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION XI EVENT OF DEFAULT 11.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract. a) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under this Contract. b) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under the City Code and/or City Standards. 20 c) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat. d) Developer shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (30) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. f) Failure of the Developer to maintain the required Financial Guaranty or other required security with the City. g) Failure by the bank or financial institution that issued the Financial Guaranty to pay on demand by the City. SECTION XII REMEDIES 12.1 Performance by the City. In the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer notice of default forty-eight (48) hours prior to the City performing curative work. 12.2 Assessment. When the City does any work as a result of the Developer's default or upon failure of the Developer to make payment upon billing when due, the City may proceed to assess the costs in whole or in part against the Property, or may proceed to collect on the Financial Guaranty. 21 It is expressly agreed and understood herein, that this Developer waives any notice of hearing and any rights to objection to the assessments so levied by the City. 12.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer, its agents, contractors, or sub-contractors to cease all or any work being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements or homes on the Property. 12.4 Emergency. In the event of an emergency, the forty-eight (48) hour notice provision shall be and hereby is waived in its entirety by the Developer and the Developer shall reimburse the City upon being billed thereof for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given. 12.5 Cumulative Rights and Non-Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 12.6 Denial of Building Permits. An event of default shall be grounds for denial or revocation of building permits, including permits issued in connection with lots sold to third parties. SECTION XIII RELEASE OF FINANCIAL SECURITY 13.1 General. Periodically upon Developer's written request and upon completion and verification of satisfactory compliance or final approval by the City (per Paragraph 5.3 of this Agreement) of any installed Improvements, or the payment of special assessments levied in connection with the Public Improvement Project, a like percentage of that portion of the Financial Guaranty covering those specific Improvements or Public Improvement Project may be released; except however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Development Contract Requirements. Upon the issuance of a 22 certificate of occupancy for a building in the Subdivision, the Developer upon written request may obtain a release of the Financial Guaranty which is equal to the assessments (levied or pending) which are charged against the lot, as a result of the Public Improvement Project. At the time of final Inspection of all Improvements, if it is determined by the City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that the Developer post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. SECTION XIV RELEASE OF DEVELOPER LIABILITY 14.1 Release. Upon submittal by Developer of the required As-Built Plans for each Plan identified in Paragraph 3.1, and upon satisfactory determination of completion of the Improvements pursuant to Paragraph 5.2 and payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations under this Contract, save and except for those imposed pursuant to Paragraphs 8.1, 10.2 and 10.4. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution. SECTION XV MISCELLANEOUS 15.1 Compliance. The Developer represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision ordinances; zoning ordinances; and environmental regulations. If the City determines that the Plat does not comply, the city may at its option refuse to allow construction or development work on the 23 Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 15.2 Authorization. By the execution hereof, the Developer represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 15.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 15.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 15.5 Run with the Land. This Contract shall run with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer for itself, its successors and assigns, acknowledges that the property shall be affected by the terms and conditions contained herein. 15.6 Non-assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. 15.7 Pressure Reducing Valve Requirements. The Owner and Developer understand and agree that all lots in the Manley Gun Club Addition are in a high water pressure zone area. A pressure reducing valve shall be installed in each new home below the 966 foot elevation at the Owner and Developer’s expense to prevent any damage to the water system because of high water pressure. The Owner and Developer shall so inform all potential and prospective buyers of Lots 1-10, Block 1, Manley Gun Club Addition of this Agreement attached as Exhibit “D”. 24 SECTION XVI NOTICES 16.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 16.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 16.3 If to Developer/Owner, mail to the Development Manager. IN WITNESS WHEREOF, we have hereunto set our hands and seals. [Signature Pages to Follow] 26 Development Contract – Manley Gun Club Addition Signature Page for Developer/Owner Gun Club Eagan, LLC ________________________________ By: ____________________________ Its: _________________________ Date: ____________________________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2019, by _____________________________________, the _______________ of Gun Club Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. ___________________________________ Notary Public CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTSEXHIBIT "A" CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 1 Exhibit B (Conditions of Approval) 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff’s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered overall lot lines and, 10-foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in 2 the Development Contract and shall not be released until two year after the date of City certified compliance. D. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. E. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. F. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City’s tree preservation ordinance and as approved by the City Council. G. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. H. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. I. Mailboxes 1. The construction and location of all mailbox supports shall be in accordance with the United States Postal Service policies and regulations for centralized delivery, and the locations shall be approved by the City Engineer and be identified in the final constructions plans for the development. 3 2. The property shall be platted. 3. Prior to Final Subdivision, the accessory structure encroachment shall be removed. 4. At the time of Final Subdivision, The applicant shall provide an access restriction easement, in a form acceptable to the city attorney, prohibiting access from the south to 120th Court. 5. Prior to Final Subdivision, the applicant shall demonstrate that the proposed development would not cause the Gun Club to become out of compliance with State Statutes. 6. Because of the proximity of the development site to the West End Gun Club, the developer shall establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. 7. Architectural design and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA for all lots. Compliance with this standard shall be demonstrated at the time of application for Building Permit. 8. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 9. The drainage from the western portion of the site shall be modified in a manner acceptable to the City Engineer. 10. This development shall meet the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control on the site’s new impervious surface area. 11. The proposed western basin shall be modified to either have no discharge up to back-to-back 1%- frequency 24-hour rain event or discharge in a manner that does not negatively affect any downstream neighboring properties. 12. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 4 13. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of each proposed infiltration area, extending a minimum of 10’ below the bottom of 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 with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the impervious drainage areas. 14. The applicant shall provide a minimum of 15-foot-wide unobstructed equipment access paths (without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from street-edge to all surface stormwater facilities’ inlets/outlets. The unobstructed equipment access paths shall be capable of fully supporting typical maintenance / excavation equipment, for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan does not conflict with this requirement. 15. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub-soils are suitable for a saturated condition infiltration rate of 1-inch per hour or greater (but less than 8.0- inch per hour). If the sub-soil infiltration rates are less than 1-inch per hour (or greater than 8.0- inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48-hours after infiltration testing. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 16. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as-built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As- built volumes (for retention) shall be provided for the infiltration/bioretention basins. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 17. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 18. Any wells or septic systems within the development shall be abandoned in accordance with City and County standards. 19. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all home sites to permit third party providers to install FTTH within the neighborhood. The applicant shall provide such a plan for review and approval by City staff, for incorporation into the Development Agreement, and installation with the development. 5 20. Installation of a 6’ tall privacy fence along the northern boundary from the east property line to at least the west edge of Lot 4 as shown in the Preliminary Cover Sheet dated April 19, 2017, with the latest revision dated August 3, 2017. 1 EXHIBIT C WAIVER OF HEARING Special Assessment Authorization The undersigned hereby requests and authorizes the City of Eagan, Minnesota (Dakota County) to assess the following described property owned by it: Lots 1-10, Block 1, Manley Gun Club Addition, City of Eagan, County of Dakota, Minnesota; for the benefit received from the following identified public improvement project: ITEM QUANTITY RATE AMOUNT Watermain - Trunk 10 lots $1,729.10/ lot $17,291.00 Sanitary Sewer - Trunk 10 lots $1,657.60/ lot $16,576.00 TOTAL $33,867.00 to be spread over fifteen (15) years at a rate of 4.0% per annum. The undersigned, for itself, its successors and assigns, hereby consents to the levy of these assessments, and further, hereby waives notice of any and all hearings necessary, and waives objections to any technical defects in any proceedings related to these assessments, and further waives the right to object to or appeal from these assessments made pursuant to this agreement, as provided for pursuant to Minnesota Statutes §429.081. DATED: _________________ DEVELOPER/OWNER: Gun Club Eagan, LLC By: ________________________________ ______________________ Its: ___________________ 2 STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2019, by _________________________, the _______________ of Gun Club Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. ___________________________________ Notary Public APPROVED AS TO FORM: ______________________________ City Attorney's Office Dated: ________________________ APPROVED AS TO CONTENT: ______________________________ Public Works Department Dated: ________________________ THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB/kmw (206-38632) 1 EXHIBIT “D” MANLEY GUN CLUB ADDITION PRESSURE REDUCING VALVE AGREEMENT This Agreement, made and entered into the _____ day of ______________, 2019, by and between the City of Eagan, a municipality of the State of Minnesota, (hereinafter called the City), and the Owner and the Developer identified herein. The term "Developer" as used herein refers to Gun Club Eagan, LLC whose address is 755 Diffley Road, Eagan, Minnesota, 55123. The term "Owner" as used herein refers to Gun Club Eagan, LLC whose address is 755 Diffley Road, Eagan, Minnesota, 55123. WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known Manley Gun Club Addition, located within the City; and WHEREAS, the Owner and Developer agree to notify the proposed potential buyers of all lots within Lots 1-10, Block 1, are in a high water pressure zone and a pressure reducing valve shall be installed in each home below the elevation of 966 feet. All costs shall be the responsibility of the Owner and Developer and shall be installed to prevent damage due to high water pressure. NOW, THEREFORE, the City, Owner and Developer agree as follows: 1. Recording. This agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of Lots 1-10, Block 1. The Owner shall provide and execute any and all documents necessary to implement the recording of this agreement. 2 2. Notice. The recording of this document shall constitute notice to all owners and future owners of property in the subdivision that Lots 1-10, Block 1, are in a high water pressure zone and that a pressure reducing valve shall be installed in each home below the elevation of 966 feet. All costs shall be the responsibility of the Owner and Developer and shall be installed to prevent damage due to high water pressure. 3. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 4. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators and assigns of the owners and developers referenced in this Contract. [Signature pages to follow.] 3 Pressure Reducing Valve Agreement – Manley Gun Club Addition (Signature Page for the City) CITY OF EAGAN: ________________________________ By: Mike Maguire Its: Mayor ________________________________ Attest: Christina M. Scipioni Its: City Clerk (SEAL) DEVELOPMENT CONTRACT APPROVED AS TO FORM: ______________________________ By: Eagan City Attorney Date: ________________________ APPROVED AS TO CONTENT: _______________________________ By: Public Works Department Date: __________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this _____ day of _______________, 2019, before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA M. SCIPIONI, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. _________________________________ Notary Public 4 Pressure Reducing Valve Agreement – Manley Gun Club Addition Signature Page for Developer/Owner Gun Club Eagan, LLC ________________________________ By: ____________________________ Its: _________________________ Date: __________________________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2019, by __________________________________, the ______________ of Gun Club Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB (206-38632) WAIVER OF HEARING Special Assessment Authorization The undersigned hereby requests and authorizes the City of Eagan, Minnesota (Dakota County) to assess the following described property owned by it: Lots 1-10, Block 1, Manley Gun Club Addition, City of Eagan, County of Dakota, Minnesota; for the benefit received from the following identified public improvement project: ITEM QUANTITY RATE AMOUNT Watermain - Trunk 10 lots $1,729.10/ lot $17,291.00 Sanitary Sewer - Trunk 10 lots $1,657.60/ lot $16,576.00 TOTAL $33,867.00 to be spread over fifteen (15) years at a rate of 4.0% per annum. The undersigned, for itself, its successors and assigns, hereby consents to the levy of these assessments, and further, hereby waives notice of any and all hearings necessary, and waives objections to any technical defects in any proceedings related to these assessments, and further waives the right to object to or appeal from these assessments made pursuant to this agreement, as provided for pursuant to Minnesota Statutes §429.081. DATED: _________________ DEVELOPER/OWNER: Gun Club Eagan, LLC By: ________________________________ _____________________________ Its: _________________________ MANLEY GUN CLUB ADDITION PRESSURE REDUCING VALVE AGREEMENT This Agreement, made and entered into the _____ day of ______________, 2019, by and between the City of Eagan, a municipality of the State of Minnesota, (hereinafter called the City), and the Owner and the Developer identified herein. The term "Developer" as used herein refers to Gun Club Eagan, LLC whose address is 755 Diffley Road, Eagan, Minnesota, 55123. The term "Owner" as used herein refers to Gun Club Eagan, LLC whose address is 755 Diffley Road, Eagan, Minnesota, 55123. WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known Manley Gun Club Addition, located within the City; and WHEREAS, the Owner and Developer agree to notify the proposed potential buyers of all lots within Lots 1-10, Block 1, are in a high water pressure zone and a pressure reducing valve shall be installed in each home below the elevation of 966 feet. All costs shall be the responsibility of the Owner and Developer and shall be installed to prevent damage due to high water pressure. NOW, THEREFORE, the City, Owner and Developer agree as follows: 2 1. Recording. This agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of Lots 1-10, Block 1. The Owner shall provide and execute any and all documents necessary to implement the recording of this agreement. 2. Notice. The recording of this document shall constitute notice to all owners and future owners of property in the subdivision that Lots 1-10, Block 1, are in a high water pressure zone and that a pressure reducing valve shall be installed in each home below the elevation of 966 feet. All costs shall be the responsibility of the Owner and Developer and shall be installed to prevent damage due to high water pressure. 3. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 4. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators and assigns of the owners and developers referenced in this Contract. [Signature pages to follow.] 4 Pressure Reducing Valve Agreement – Manley Gun Club Addition Signature Page for Developer/Owner Gun Club Eagan, LLC ________________________________ By: __________________________ Its: _______________________ Date: ____________________________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2019, by _______________________________________, the _______________________ of Gun Club Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. ___________________________________ Notary Public 5 THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 RBB (206-38632) MAINTENANCE AGREEEMENT FOR PRIVATE LANDSCAPING Lot 1, Block 1, Manley Gun Club This Agreement is made and entered into this _____ day of ______________, 2019, by and between the City of Eagan, a Minnesota municipal corporation (the “City”) and Gun Club Eagan, LLC, a Minnesota limited liability company (the “Developer”). The City and Developer are collectively referred to as the “Parties.” WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Manley Gun Club, located within the City (the “Development”); WHEREAS, there is a boulevard located on the south side of 120th Court located within the Development (the “Boulevard”); and WHEREAS, as a condition of approval of the Development, the City requires that the Developer maintain the Boulevard and the Developer has designated Lot 1, Block 1, Manley Gun Club (hereinafter the “Property”) as the responsible party to maintain the Boulevard. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 2 1. MAINTENANCE OF BOULEVARD. The Developer and the owner of the Property shall be responsible to maintain the Boulevard in a manner acceptable to the City Engineer. Such maintenance shall include routine mowing, weed removal and trash removal. 2. COSTS. The Developer and owner of the Property shall be responsible for all costs relative to the maintenance and/or repairs of the Boulevard. 3. DEFAULT. If the Developer or owner of the Property fails to take any action required in connection with this Agreement, the City may take the action and bill the Developer or the owner for the costs thereof. If the Developer or the owner fail to reimburse the City for the costs thereof within ten (10) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including but not limited to attorneys’ fees. Without waiving its other remedies, the City may levy an assessment against the Property for all costs incurred by the City, and the Developer or owner of the Property hereby waive any and all rights to challenge or appeal the assessment. 3. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 4. BINDING AGREEMENT. The Parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the Parties hereto. (Signature pages to follow.) 4 Maintenance Agreement Lot 1, Block, 1, Manley Gun Club (Signature page of the Developer) Gun Club Eagan, LLC, a Minnesota limited liability company By: _________________________________ Its: _____________________________ STATE OF MINNESOTA) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _______ day of ________________, 2019, by ____________________________, the ___________________ of Gun Club Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 (RBB) 206-38632 ENCROACHMENT AGREEMENT This Encroachment Agreement (“Agreement”) is made and entered into this ___ day of _____________, 2019, by and between the City of Eagan, a Minnesota municipal corporation (the “City”), and Gun Club Eagan, LLC, a Minnesota limited liability company (the “Owner”). The City and Owner are hereinafter referred to as the “Parties.” WHEREAS, the Owner is the fee owner of certain property located in the City of Eagan and legally described as follows: The northerly 13.00 feet of Lots 3, 4 and 5, Block 1, MANLEY GUN CLUB, according to the recorded plat thereof, Dakota County, Minnesota. Together with: The northerly 10.00 feet of Lots 6, 7, 8, 9 and 10, Block 1, MANLEY GUN CLUB, according to the recorded plat thereof, Dakota County, Minnesota. Together with: That part of Lot 10, Block 1, MANLEY GUN CLUB, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the southeast corner of said Lot 10; thence on an assumed bearing of South 89 degrees 40 minutes 29 seconds West along the south line of said Lot 10; a distance of 10.08 feet to the point of beginning; thence continuing South 89 degrees 40 minutes 29 seconds West along said south line a distance of 21.24 feet; thence North 44 degrees 44 minutes 55 seconds East, a distance of 44.35 feet to the east line of said Lot 10; thence South 00 degrees 10 minutes 39 seconds East along said east line, a distance of 21.24 feet, thence South 44 degrees 44 minutes 55 seconds West a distance of 14.27 feet to the point of beginning. (hereinafter the “Property”); and WHEREAS, the Owner desires to maintain an entrance monument, a private retaining wall and a private fence for noise abatement (collectively the “Improvement”) in the City’s existing drainage and utility easement (the “Easement”) located on the Property as depicted on Exhibit “A” attached hereto; and 2 WHEREAS, in connection with placement of the Improvement, it is necessary for the Owner to encroach within the Easement; and WHEREAS, the City is willing to allow Owner to encroach within the Easement all upon the terms and conditions contained herein: NOW, THEREFORE, the City and Owner agree as follows: 1.ENCROACHMENT.The City hereby authorizes Owner to construct, maintain and repair the Improvement within the Easement. 2.NO WAIVER. Nothing in the Agreement shall be deemed a waiver or abandonment of the City’s rights in the Easement. 3.COSTS. The Owner shall be responsible for all costs relating to the construction, maintenance and repair of the Improvements. 4.ASSUMPTION OF RISK. Owner acknowledges that the future maintenance, repairs within the Easement could possibly damage the Improvement. By entering into this Agreement, Owner assumes the risk of any and all damage to the Improvement that may result from any work performed by the City and/or its agents within the Easement. 5.DEFAULT. If the Owner fails to take any action required in connection with this Agreement, the City will provide a written notice of default to the Owner giving Owner a 30-day cure period. Notice need not be given in the event emergency repairs are needed. After the 30-day cure period, the City may take action and bill the Owner for the costs thereof. If the Owner fails to reimburse the City for the costs thereof within ten (10) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including, but not limited to attorneys’ fees. 6.NOTICES.All written communications shall be directed to Owner at: Gun Club Eagan, LLC 755 Diffley Road Eagan, MN 55123 All written communications shall be directed to the City at: City of Eagan Attn: Russ Matthys, Public Works Director 3830 Pilot Knob Road Eagan, MN 55122-1810 3 With a copy to: Robert B. Bauer, City Attorney Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 7.VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement 8.BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the parties hereto. 9.GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. [Signature Pages to Follow] 5 Encroachment Agreement Manley Gun Club (Signature page of the Owner) OWNER: Gun Club Eagan, LLC, a Minnesota limited liability company ________________________________ By: _____________________ Its: __________________ STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2019, by _______________________________________, the ____________________________ of Gun Club Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-38632) SheetDescription Sketch for:1 of 1c 2015 Pioneer Engineering, P.A. Kevin Manley CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.com Fax: 681-9488 Cad File: 117001 ENCROACHMENT EASEMENT.dwg Date: 6-7-19 Folder #: 8035 Drawn by:KSO EXHIBIT "A" ACCESS RESTRICTION EASEMENT This Access Restriction Easement (“Easement”) is made this _____ day of ______________, 2019, between Gun Club Eagan, LLC, a Minnesota limited liability company (hereinafter referred to as "Landowner") and City of Eagan, a Minnesota municipal corporation, organized under the laws of the State of Minnesota, (hereinafter referred to as the "City"). W I T N E S S E T H: That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, an access restriction easement over, under and across the following property, to-wit: The southerly one foot of Lot 1, Block 1, Manley Gun Club and the southerly one foot of 120th Court. See also Exhibit "A" attached hereto and incorporated herein. This easement is granted for and limited to the express purpose of restricting vehicular access from the south side of the right-of-way of 120th Court and the south side of Lot 1, Block 1, Manley Gun Club, except at locations that may be permitted by the City. This instrument and the covenants and agreement herein contained are binding upon the parties, their successors and assigns. Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the Landowner of the premises aforesaid and has good right to grant and convey the access restriction easement to the City. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. Gun Club Eagan, LLC, a Minnesota limited liability company By: ______________________________ Its: _____________________________ STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of _________________, 2019, by ___________________________________________________, the __________________________ of Gun Club Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. ____________________________________ Notary Public APPROVED AS TO FORM: /s/Robert B. Bauer City Attorney's Office Dated: June 26, 2019 APPROVED AS TO CONTENT: _______________________________ Public Works Department Dated: _________________________ THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 RBB: 206-38632/Easement 1351 2 SheetDescription Sketch for:1 of 1c 2015 Pioneer Engineering, P.A. Kevin Manley CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 Cad File: 117001 RESTRICTED EASEMENT.dwg Date: 6-7-19 Folder #: 8035 Drawn by:TSS Agenda Information Memo July 2, 2019, Eagan City Council Meeting CONSENT AGENDA P. Approve Extension of Variance – 1305 Towerview Road (David Bartosh) Actions To Be Considered: To approve a one‐year extension of the Variance approval for property located at 1305 Towerview Road. Required Vote For Approval:  Majority of Councilmembers present Facts:  The City Council approved the Variance on July 17, 2018. City ordinance allows one year to implement a Variance.  The Variance allows a reduced structure setback from LeMay Lake for an addition to the existing single‐family home.  The applicant has been looking for a contractor to build the addition and has requested additional time to gather bids and find a suitable contractor.  If approved, the new expiration date of the Variance will be July 17, 2020. Issues: None Attachments: (2) CP‐1 Location Map CP‐2 Extension Request C.S.A.H. NO. 31 (PILOT KNOB ROAD)TOWNCENTREDRIVEMARICE DR BURNSIDE AVENUEQUARRYCT.POPPLER LANEE G A N AVE N U E PROMENADE AVELOON LANESTEPHANIE CR TOWN CENTRE DRCTVILASLANEMARICECTSKYLINECT EAGA N D ALEPLACEINTERSTATE HWY. NO. 35ETOWERVIEW ROAD TOWERVIEW ROAD EAGANDALEBLVDNORTHJURDYCTOSTERDR R A I N I E R LANE DRIVE NORWEST DENMARKAVEHIGHVIEW TERRACEC E N T R A L P AR KW AYSIBLEY HILLS DRALDENPONDLANEVINCE TR CENTERCOURTLANESHERMAN COURTSURREYHEI GHTSD R IV E JURDY ROA D N O R T H W O O D P K W YEAGANDALE BLVDBRIDGEVIEW TERRACEPINERIDGEDRIVESKYLINETR C.S.A.H. NO. 31 (PILOT KNOB ROAD)C.S.A.H. NO.26 (LONE OAK ROAD)DENMARK AVEEAGAND A LE CT FEDERAL DRIVE SKYLINE DRIVEHIGHRIDGEHIGH -S I TE DRIVE COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)WOODLARK LANEQUARRY S JU R D Y CT C.S.A.H. NO. 31 (PILOT KNOB ROAD)EGANAVENUEM CCARTHYROADBURNSIDEAVENUETERRACESOUTHRIDGE AVE QUARRY RD COUNTY ROAD NO.28 (YANKEE DOODLE ROAD) RED CEDAR ROAD F A IR L A W N PLA C E COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD) W A S HINGTONDRIVESHIELDSDR.INLANDROADJ URDYROADDENMARK AVEWESTSERVICE ROAD SKYLINECHERRYWOOD CT81ST ST W COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)SKYLINER OAD PATH SKYLINE DR PilotKnobPark CountryHomePark CentralPark Park Highview Park MoonshinePark QuarryPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Subject Site Project Name: Bartosh VarianceRequest: Setback VarianceCase No.: 10-VA-03-06-18 1 Pam Dudziak From:Rachel Bartosh <nanago@msn.com> Sent:Tuesday, June 18, 2019 4:08 PM To:Pam Dudziak Cc:Julie Strid Subject:Re: Variance Hello Pam, We are writing to request an extension of the Variance for the setback on the bedroom addition we plan to add onto our home at: 1305 Towerview Rd Eagan, Mn 55121 We need the extension to continue gathering bids as we are having difficulties finding a contractor that is available within our budget. Thank you for your assistance. Sincerely, David and Rachel Bartosh From: Pam Dudziak <pdudziak@cityofeagan.com> Sent: Wednesday, June 12, 2019 2:04 PM To: nanago@msn.com Cc: Julie Strid Subject: Variance In follow‐up to our conversation today, I have attached the letter regarding approval of your Variance which occurred July 17, 2018. This e‐mail is a reminder that the Variance will expire July 17, 2019 unless an extension is granted. You may request an extension of the Variance approval in writing, please explain why an extension is needed, and we’ll prepare it for City Council consideration at their July 2nd or 16th meeting. Typically another one‐year term is requested. There is no fee for requesting an extension. Let me know if you have any questions. Thank you, Pam Dudziak 2 Pam Dudziak Planner 3830 Pilot Knob Rd | Eagan, MN 55122 Office: 651-675-5691 https://www.cityofeagan.com Agenda Information Memo July 2, 2019 Eagan City Council Meeting CONSENT AGENDA Q. Authorize the application of a grant from the Metropolitan Regional Arts Council in the amount of $10,000 for Arts Project Support Action to Be Considered: Authorize the submission of a grant from the Metropolitan Regional Arts Council in the amount of $10,000 for Art Project Support. Facts:  Metropolitan Regional Arts Council (MRAC) has grants for up to $10,000 available for Arts Project Support. Grants of over $7,000 are awarded with a 25% cash match.  The grant funding will support the following activities in 2020: o Art Block 2020, to include:  Harvest of Art event and short film festival at Eagan Art House.  Coordination of Art Block activities with collaborators.  Creation of community artwork for wayfinding around the Art Block.  Community Dialogues with Eagan’s diverse populations to invite their involvement in Art Block 2020. o Programming and promotion will take place from March through September, 2020.  The cash match is included in the 2020 budget through program fees and staff salaries.  The grant submission deadline is Monday, July 15, 2019. Attachments: (0) Agenda Information Memo July 2, 2019 Eagan City Council Meeting CONSENT AGENDA R.Authorize the application of Minnesota State Arts Board Community Arts Education Support Grant Action to be considered: Authorize the application of Minnesota State Arts Board Community Arts Education Support grant for FY2020. Facts: The Community Arts Education Support grant program provides operating support to build and strengthen the capacity of exceptional arts education organizations, or of arts education programs of public or nonprofit organizations that have a sustained commitment to providing ongoing, rigorous arts education opportunities in community settings. The program offers funds to support the programming and operating goals of community arts education organizations and programs, so that they may maintain and grow ongoing services, staffing, and support functions. Eligible public entities must have a distinct, established, ongoing community arts education program. The grant provides 2-year funding, based on qualifying expenses averaged over FY16 and FY17. For Eagan Art House expenses during these years, the grant would be $20,000 each year for 2 years, beginning in 2020. There is no cash match requirement. Eagan Art House received this grant in 2018/2019 for the development of outreach programs. This grant, if funded, is included in the proposed 2020/2021 budget and will fund continuing and expansion of Eagan Art House outreach programs. The application deadline is Friday, July 19 at 4:30 p.m. Attachments: (0) Agenda Information Memo July 2, 2019, Eagan City Council Meeting PUBLIC HEARINGS A. Variance – Gregory’s Foods Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Variance of 10 feet to the required 20-foot parking setback from the public right-of-way of Highway 494 for property located at 1301 Trapp Rd, subject to the conditions listed in the staff report. Required Vote For Approval:  Majority of Councilmembers present Facts:  The subject property consists of approximately 4.7 acres and is developed with an approximately 56,000 s.f. warehouse/office building.  The warehouse/office building was originally built in 1996, and Gregory’s Foods moved to the site in 2007. The business has expanded multiple times on this site since 2007 and a 6,370 s.f. freezer warehouse addition is currently under construction.  The Site Plan accounts for existing and future building and parking needs. The current proposal expands parking by 29 stalls, bringing the total parking available on the site to 97 stalls. To the north of the property is the Highway is 494 right-of-way, the Highway 494 roadbed is approximately 40 feet lower and 130 feet horizontally away from the property line at its nearest point.  The practical difficulty is the larger setback required adjacent to a public right-of-way. The Variance would allow a double row of parking north of the building, with minimal loss of green space.  The applicant has made efforts to comply with the City Code to the greatest extent possible and minimize the Variance request. The proposal appears reasonable and satisfies other applicable zoning standards. Issues:  None 60-Day Agency Action Deadline:  August 10, 2019 Attachments: (3) PHA-1 Location Map PHA-2 Planning Report PHA-3 Report Exhibits C.S.A.H. NO. 31 (PILOT KNOB ROAD)EAGAN INDUSTRIAL ROAD BURNSIDE AVENUEPOPPLER LANEE G AN AV EN U E BRIDGEVIEW AVE EAGANDALE BOULEVARDCORPORATE CENTER DRIVE CORP. CENT. DR. HIGHVIEW AVE VILASLANEEAGA N D ALEPLACEINTERSTATE HWY. NO. 35EEAGANDALEBLVDOSTER DR R A IN I E R LANE DENMARKAVEHIGHVIEW TERRACEWESTSERVICEROADVINCE TR CENTERCOURTBEAMLANEEAGANDALE BLVDPINERIDGEDRIVEC.S.A.H. NO.26 (LONE OAK ROAD)WO: 52497EAGAND A LE CT AVALON AVENUE HIGHRIDGEWOODLARK LANETRAPP ROAD INTERSTATE HWY. NO. 494 EGANAVENUEBURNSIDEAVENUETERRACESO UTHRIDGE AVE F A IR L A W N PLA C E INLANDROADSHIELDSDR.C ORPORATE CENTER CU R V E C.S .A .H. NO.26 (LONE O AK RD.) WESTSERVICE ROADSKYLINEROAD STATEHWYNO.55 HIGHVIEW AVE CLUBVIEW DR EAGAN INDUSTRIAL ROAD Pilot KnobPark CountryHomeParkHighview Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Gregory's FoodsRequest: Setback VarianceCase No.: 03-VA-03-06-19 Subject Site PLANNING REPORT CITY OF EAGAN REPORT DATE: June 26, 2019 CASE: 03-VA-03-06-19 APPLICANT: CNH Architects HEARING DATE: July 2, 2019 PROPERTY OWNER: Helland Properties LLC APPLICATION DATE: June 11, 2019 REQUEST: Variance PREPARED BY: Koehl Simmons LOCATION: 1301 Trapp Rd COMPREHENSIVE PLAN: I-1, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 10’ to the required 20’ setback from public right-of-way, upon property located at 1301 Trapp Road, legally described as Lot 2, Block 1, Eagandale Office Park 3rd Addition AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the city council may approve, approve with conditions or deny a request for a variance. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provision(s) of this chapter, the city council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the Planning Report – Gregory’s Foods July 2, 2019 Page 2 provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code, or to other properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. CODE REQUIREMENTS City Code Sec. 11.70, Subd. 8 sets the minimum parking setback from a public street at 20 feet. BACKGROUND The warehouse/office building was originally built in 1996, and the current occupant, Gregory’s Foods, moved to the site in 2007. Gregory’s Foods is a manufacturer of frozen doughs and mixes for breads, buns, cookies, and other bakery items. The business has expanded multiple times on this site. A freezer warehouse addition is currently under construction. EXISTING CONDITIONS The subject property consists of approximately 4.7 acres and is developed with an approximately56,000 square foot (s.f.) warehouse/office building. The west side of the site has been reserved as green space. To the north of the property is Interstate 494 right-of-way, the Interstate roadbed is approximately 40 feet lower vertically and 130feet horizontally away from the property line at its nearest point. The area immediately north of the property, and located within the Interstate 494 right-of-way, is largely vegetated and is adjacent the area where the variance is requested. EVALUATION OF REQUEST Proposal – Gregory’s Foods owns a warehouse/office building of approximately 56,000 s.f. on the site. The applicant is proposing to expand the parking lot along the north side of the Planning Report – Gregory’s Foods July 2, 2019 Page 3 building adjacent to the public right-of-way for Interstate 494. City Code requires a minimum parking setback from right-of-way of 20’. The proposal reduces the setback to 10’, resulting in a Variance of 10’. As proposed, the Variance will allow space to provide a double loaded parking drive instead of the currently planned single row, enabling the applicant to add 22 parking spaces to the site. According to the narrative, the Variance will provide 22 additional parking stalls while only adding 10 feet of pavement, preserving more green space than the currently planned alternative parking addition option of a longer single row of parking that extends further into green space on the site if a Variance is not received. Parking Counts – The applicant’s narrative includes a list of current and future additions and indicates a future increase in building size from 56,162 s.f. to 68,068 s.f. The Site Plan accounts for the anticipated future building expansions as well as future parking needs and satisfies the City Code standard for number of stalls. The lot currently provides 68 parking stalls, planned parking expansion with the Variance is 29 stalls, and the proof of parking adds 28 stalls for a total of 125 stalls. The building houses manufacturing, warehouse and office functions. Parking calculations are detailed in the table below. Total required parking including planned future additions is 125 stalls. The Site Plan provides for 97 stalls, plus an additional 28 stalls in future proof of parking, totaling 125 stalls. Use Area Required Parking Manufacturing 19,413 s.f 39 stalls Warehouse 39,845 s.f. 49 stalls Office 9,217 s.f. 37 stalls TOTAL = 125 stalls Proposed Parking Existing Parking Provided 68 stalls Current Parking with Variance 29 stalls Future Proof of Parking 28 stalls Total Proposed Parking TOTAL = 125 stalls Variance Criteria –The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. Planning Report – Gregory’s Foods July 2, 2019 Page 4 Evaluation – The ability to add parking is limited with Interstate 494 frontage requiring a 20’ setback for parking. While the site abuts Interstate 494, the roadbed is significantly lower than the site, and according to the narrative, the parking will not be visible from the highway. The proposed Variance does not appear to be contrary to the Comprehensive Guide Plan, and otherwise maintains consistency with typical I-1 zoning standards. The Variance provides relief for placement of a reasonable size and configuration of parking and ability to satisfy parking standards while minimizing the addition of impervious surface. The 10’ setback provided for the parking appears adequate to limit negative impacts on the site, neighboring sites, or the view from Interstate 494. APPLICANT’S PRACTICAL DIFFICULTIES The stated practical difficulty is the depth of the lot behind the building does not allow for double row of parking without a Variance. According to the narrative, receiving a Variance would allow the applicant to construct the needed parking stalls while preserving more green space than alternative parking configurations. SUMMARY/CONCLUSION In summary, the Applicant, Gregory’s Foods is proposing to expand parking at 1301 Trapp Rd. in conjunction with a building expansion. Gregory’s Foods is seeking a Variance to allow a setback of 10’ for parking from public right-or-way rather than the City Code standard of 20’. This Variance appears reasonable and would allow Gregory’s Foods to install a double row of parking north of the building rather than a single row, enabling them to add the required parking while removing less green space than other alternatives. ACTION TO BE CONSIDERED To approve a Variance of 10’ to the required 20’ parking setback from Highway 494 upon property located at 1301 Trapp Rd. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Building Permit for the building addition shall be amended with updated site and civil plans necessary for the added parking. C.S.A.H. NO. 31 (PILOT KNOB ROAD)EAGAN INDUSTRIAL ROAD BURNSIDE AVENUEPOPPLER LANEE G AN AV EN U E BRIDGEVIEW AVE EAGANDALE BOULEVARDCORPORATE CENTER DRIVE CORP. CENT. DR. HIGHVIEW AVE VILASLANEEAGA N D ALEPLACEINTERSTATE HWY. NO. 35EEAGANDALEBLVDOSTER DR R A IN I E R LANE DENMARKAVEHIGHVIEW TERRACEWESTSERVICEROADVINCE TR CENTERCOURTBEAMLANEEAGANDALE BLVDPINERIDGEDRIVEC.S.A.H. NO.26 (LONE OAK ROAD)WO: 52497EAGAND A LE CT AVALON AVENUE HIGHRIDGEWOODLARK LANETRAPP ROAD INTERSTATE HWY. NO. 494 EGANAVENUEBURNSIDEAVENUETERRACESO UTHRIDGE AVE F A IR L A W N PLA C E INLANDROADSHIELDSDR.C ORPORATE CENTER CU R V E C.S .A .H. NO.26 (LONE O AK RD.) WESTSERVICE ROADSKYLINEROAD STATEHWYNO.55 HIGHVIEW AVE CLUBVIEW DR EAGAN INDUSTRIAL ROAD Pilot KnobPark CountryHomeParkHighview Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Gregory's FoodsRequest: Setback VarianceCase No.: 03-VA-03-06-19 Subject Site Inte rstate 494 H WY 5 5 CO. RD. 31 Pilot Knob RoadCO. RD. 31 Pilot Knob RoadH WY 5 5 Inte rstate 494 Trapp Road Highview Ave Vilas LaneBeam LaneCorporate Center Drive Corp or ate C enter Cu rveEagan Woods DriveAvalon Avenue Eagandale BoulevardHighridge TerraceEagan Industrial RoadTrapp RoadEagandale BoulevardEagan Industrial Road 0 300150 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-2018 Project Name: Gregory's FoodsRequest: Setback VarianceCase No.: 03-VA-03-06-19 Existing Warehouse Existing Office Existing Process and Freezer Freezer Addition Future Storage Addition Future Loading Dock Addition Property Line Parking Setback Property LineParking SetbackProperty LineParking SetbackTyp10' - 0"20' - 0"5' - 0" 5' - 0" Typ 19' - 0" 22 8 7 7 1210' - 0"Parking Setback - Variance10' - 0"12 19' - 0"Typ 10' - 0"24' - 0" Verify8"19' - 0"Area of Parking Setback - Variance Request (shown shaded) Boundary of existing parking Parking Expansion Parking Expansion Future- Proof of Parking Scale: Comm. No.: Date: 1" = 40'-0"Gregory's Foods Freezer Addition -Site Plan-North Parking Variance Request 15088 06/10/19 Gregory's FoodsDisclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.Map Scale1 inch = 100 feet6/6/2019 (6,370 GSF) (5,536 GSF) Parking setback 8 7 12 14 7 8 7 8 15 Stalls (5,863 SF) Proof of Parking 4 7 2 Future Drive Expansion (1,929 SF) Future 9 stalls (3,401 SF) Proof of Parking Total Site Area within Property Lines 203,334 SF (4.67 Acres) Impervious Building Coverage Existing Bldg 56,162 GSF New Freezer Storage Addition 6,370 GSF Future Warehouse Addition 5,536 GSF Total Impervious Building Coverage 68,068 GSF Impervious Coverage-Paving Existing Paving 60,842 SF Proposed Parking Expansions 7,794 SF Future Whse Driveway Expansion 1,929 SF Future Proof of Parking Areas 9,264 SF Total Paved Impervious Areas 79,829 SF Grand Total Impervious Areas __________ Bldg Coverage + Impervious Coverage 147,897 SF Green Space Area 203,334 SF (Total Site Area) -147,897 SF (Total Impervious Areas) 55,437 SF Green Space Area City of Eagan Requirements: Building Coverage-Maximum Allowed 35% Actual 68,068 SF (Bldg Coverage) / 203,334 SF (Total Site Area) = 33.5% Building Coverage < 35% OK Green Space-Minimum Required 25% Actual 55,437 SF (Green Space) / 203,334 SF (Total Site Area) = 27.26% > 25% OK Site Area Calculations: Parking Expansion (7,794 SF) 29 Stalls Future 4 stalls Proof of Parking 22 Total Existing Building Area = 56,162 GSF (Gross Sq Ft) Exit Exit Exit Exit Exit Exit Exit Exit Exit Exit Exit Existing Equipment Mezzanine 677 SF F1-Existing Food Processing Area S1-Existing Freezer Storage Area S1-Existing Warehouse B-Existing Office 9,217 SF F1-Existing Food Processing Area S1- Mech 389 SF 10,750 SF 5,428 SF 6,905 SF 22,458 SF Existing Processing Mezzanine 1,758 SF Existing Equipment Mezzanine 949 SF S1-New Freezer Storage Addition 6,270 SF S1-Future Whse Addition 5,300 SF Property Line Parking Setback Property LineParking SetbackProperty LineParking SetbackProperty LineP r o p e r t y L in e Existing Paving (39,947 SF) Existing Paving (20,573 SF) Existing Paving (322 SF) S1-Warehouse / Storage Areas First Floor Existing Bldg: 389 SF + 5,428 SF + 22,458 SF = 28,275 SF (57 Occupants) New Freezer Storage Addition: 6,270 SF (14 Occupants) Future Warehouse Addition: + 5,300 SF (11 Future Occupants) 39,845 SF / 500 SF per Occ = 82 Occupants ***34,545 SF after completion of this project, 5300 SF is future F1-Production (Manufacturing) Areas First Floor Existing Bldg: 10,750 SF + 6,905 SF = 17,655 SF / 100 SF per Occ = 177 Occupants B-Office Existing Building: 9,217 SF / 100 SF per Occ = 93 Occupants Grand Total First Floor 66,717 SF 350 Occupants Mezzanines F1-Existing Production (Manufacturing) Area Mezz. 1,758 SF / 100 SF per Occ = 18 Occupants S1-Existing Equipment Mezzanines (not incl for parking) 677 SF + 949 SF =1,626 SF / 500 SF per Occ = 4 Occupants Grand Total Mezzanines 3,384 SF 22 Occupants 372 Total Bldg Occupants ***(incl. 11 future occupants) Parking Requirements: Manufacturing 1/500 SF 19,413 SF = 39 spaces Warehouse 1/400 SF up to 6000 SF 39,845 SF = 49 spaces (15 + 34) 1/1000 SF > 6000 SF Office 1/250 SF 9,217 SF = 37 spaces Total Parking Spaces Required 125 spaces Building Occupancy Use Calculations: City of Eagan Parking Calculations: Total Parking Spaces Provided 97 spaces (incl 4 Accessible stalls) + 28 Future (proof of parking) 125 spaces 29 Existing Parking Stalls 46 Existing Parking Stalls T r a p p R o a d B-Office Occupancy F1-Factory Occupancy S1-Storage Occupancy Existing paved areas 5' - 0" 5' - 0" 7 7 4 520' - 0"10' - 0"Parking Setback - Variance10' - 0"1 2 2 2 Infiltration basin, see Civil 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OFDATE:LIC. NO.:21234Quinn S. HutsonPRINT NAME:SIGNATURE:REVISIONS: DATE:C:\REVIT (local)\2018\15088 - Gregory's Foods Additions_tnielsen.rvt5/28/2019 6:33:29 PMG1.2Code Review SummaryGregory's FoodsFreezer Addition1301 Trapp RoadEagan, MN15088 11/02/201811/02/2018MINNESOTACode Used: 2012 International Building Code 2015 Minnesota State Building Code Occupancies: F1-Factory Industrial Moderate Hazard S1-Moderate Hazard Storage B-Business Non-Separated Occupancies per IBC 508.3 Construction Type -IIB Sprinklered Total Building Area: First Floor = 67,466 SF Mezzanines = 3,384 SF Tabular Areas (At) per IBC Table 503 F1-15,500 SF *(smallest tabular area) S1-17,500 SF B- 23,000 SF Frontage increase (If) allowed per IBC 506.2 P = 1,299 Feet F = 1,299 Feet W = 30 Feet If = (F/P -0.25) W/30 (1,299/1,299 -0.25) 30/30 (1 -0.25) 1 = .75 If = .75 Sprinkler increase allowed per IBC 506.3 300% (Is = 3) for 1 story building Area allowable (Aa) calculation: Aa = (At + (At x If) + (At x Is)) (15,500 + (15,500 x .75) + (15,500 x 3)) 15,500 + 11,625 + 46,500 = 73,625 Area allowable = 73,625 SF > 66,717 SF, Thus OK Plan North True North 1" = 30'-0"G1.2 E4 Code Review Plan Notes: 1. Building areas noted as GSF-Gross Square Feet are total footprint areas that include the exterior walls 2. Building areas noted as SF-Square Feet do not include the exterior walls per the definition of Building Area in IBC chapter 2. Building Code Data: Plumbing Fixture Calculations per IBC Chapter 29: Sanitary Fixtures Required: Occupancy Use Occ LoadFactor (occupants per one fixture) WC-Male WC-Fem Lav-Male Lav-Fem DrinkFoun Business 93 25 & 50 25 & 50 40 & 80 40 & 80 100 Storage 86 100 100 100 100 1000 Factory 195 100 100 100 100 400 Ratio of Male to Female Gender Ratio Male 50% Female 50% Water Closets Lavatories Total Fixtures -Male Required Provided Required Provided 4 4 3 4 Total Fixtures -Female Required Provided Required Provided 4 4 3 4 Drinking Fountain Required Provided 2 2 Service Sink Required Provided 1 1 Maximum Exit Access Travel Distance per IBC 1017: F1 and S1 Occupancies-250 feet with sprinkler system B Occupancy-300 feet with sprinkler system *250 feet maximum exit access travel distance is most restrictive 1 12-6-18 PR-01 2 05-30-19 PR-03 7300 WEST 147TH STREETSUITE 504APPLE VALLEY, MN 55124-7580(952) 431-4433 June 6, 2019 Project Narrative: Gregory’s Foods Variance . Gregory’s Foods is a manufacturer of frozen doughs and mixes for breads, buns, cookies and other bakery items. Founded in 1980, the business has expanded multiple times on this site including the latest freezer warehouse addition currently under construction. The variance being requested is to reduce the current 20 foot rear yard parking setback to a 10 foot rear yard parking setback. The standard parking setback on this rear property line would be 10 feet normally except for the additional 10 required due to the Highway 494 frontage abutting this north property side. Reducing the setback on this side will allow sufficient room between the existing building and the parking setback to provide a double loaded parking drive instead of the single row of parking currently planned. It is our opinion that the increased setback resulting from the Highway 494 frontage is not needed at this particular property as the highway roadbed is set off approximately 150 feet or more horizontally from the property line and approximately 40 feet lower in elevation. Visually, vehicles parked at the revised parking stalls will not be visible from the highway. The variance will provide the further benefit of efficiently providing 22 additional parking stalls while adding only this additional 10 feet of pavement compared to 32 feet of depth (20 foot stall plus 12 feet of half a drive aisle) required if parking is provided at other locations shown for possible additions of parking on the submitted site plan. This increases the total green space on site for the same number of parking stalls than would result from adding parking without the variance. As shown in the submitted ordinance review on the overall site plan, all the requirement for the site including site building coverage, impervious surface percentage, and green space minimums are all met. As mentioned above, the green space percentage actually goes up with the site layout after variance than the plan with the same total parking stalls without the variance. If the variance is approved, the upgreaded stormwater system that is to be built under the currently permitted addition will be revised to address the additional pavement shown in this expanded parking lot. This expansion of parking and stormwater system will be submitted to city staff for review and approval as an expansion of the current building permit. In conclusion, the proposed 10 foot parking setback variance will not create negative impacts on the site, neighboring properties, or the view from the adjacent highway. In addition, the variance provides the opportunity to expand total green space on the site while providing the same number of increased parking stalls than options without the variance. Sincerely, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. Agenda Information Memo July 2, 2019, Eagan City Council Meeting New Business A. Planned Development Amendment – Club Pilates Action To Be Considered: To approve a Planned Development Amendment to allow a fitness studio for property located at 3450 Pilot Knob Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ At least three votes Facts: ➢ The MVTA transit station contains a parking ramp and retail shops , was constructed in 2000 and contains a 15,000 square foot building. ➢ The original development agreement required uses be convenience uses for the park & ride user and prohibited numerous destination uses, including Health and Sports Clubs. ➢ The proposed use would not require exterior modifications other than signage. ➢ The applicant proposes to occupy 1,800 square feet of the southern endcap. ➢ Operation would include 12 pilates reformers equipment with a maximum of 18 people on site including staff. ➢ The Advisory Planning Commission held a public hearing on the proposal at their June 25, 2019 meeting, and did recommend approval. Issues: ➢ Given the conditions of original development approval, it is a policy matter for City officials to determine whether the proposal is a health and sports club and whether it is a convenience use or a destination use. 60-Day Agency Action Deadline: ➢ July 14, 2019 Attachments: (4) NBA-1 Location Map NBA-2 Draft June 25, 2019, APC Meeting Minutes NBA-3 Planning Report NBA-4 Report Exhibits F L IC K E R CR KOLSTADLNASHBURYROADTOWNCENTREDRIVEMARICE DR FEDERALDRIVEDREXEL CTQUARRYCT.B O A R D W A L K TOWN CENTRE DRI VE BLACKHAWK RIDGE WAYPROMENADE AVETOWN CENTRE DR BLACKHAWK LAKE CTC.S.A.H.NO.31(PILOTKNOBROAD)CTCRESTRIDGE DRKI TTI WAKECIRMARICECTAS H B URYCT WIDGEONWAYWIDGEONWAYNORTHJURDYCT LEMIEUX CIR DENMARK CTNORWEST LAKEVI E WCURVEST.CHARLESPLACECRESTRIDGE LANE C E N T R A L P AR KW AYALDENPONDLANEBLACKHAWKLAKEDRKRESTWOOD LNWOODTHRUSHCTCOACHMANROADSHERMAN COURTSURREYHEI GHTSD R IV E BLACKHAWKLAKEDRJURDY ROA D VIOLET LANE N O R T H W O O D P K W Y PARK P L C.S.A.H. NO. 31 (PILOT KNOB ROAD)COACHMANROADFEDERALDRIVEDUCKWOOD DR MO UR N IN G D O V ECTENGLERT RD L AKEVIEW TR AIL COACH M A NROADDENMARK AVEPACIFICAVE FEDERAL DRIVEHIGH -S I TE DRIVE COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)MERGANSER CTTANANGER C T QUARRY S J U R DY CT C.S.A.H. NO. 31 (PILOT KNOB ROAD)DUCKWOOD DRFEDERAL DRIVECOACH M A NROADPINECREST CTQUARRY RD COUNTY ROAD NO.28 (YANKEE DOODLE ROAD)WIDGEONWAYT IMBERSHORELANETOWN CENTRE DRI VECOACHMANROAD DENMARK AVEWA S HINGTONDRIVEJ URDYROADKOLSTAD ROADCROSSROADCT.DENMARK AVE81ST ST W CRESTRIDG E C T B L ACKHAW K HILLS RD WIDGEO N W A YA SHBURYPLLAKEVIEWCURVE DENMARK CTDENMARK AVES P O ONBILLCIRKI NGLET CT CentralParkPark FishLakePark MoonshinePark O'LearyLakePark Quarry Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Club PilatesRequest: Plann ed Development AmendmentCase No.: 15-PA -03-05-19 Subject Site MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA June 25, 2019 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 25, 2019, at 6:30 p.m., at the Eagan Municipal Center. Present were members Vanderpoel Sagstetter, Weimert, Heckmann, Whisnant, Jensen and Francis. Absent Goff. Also present were, City Planner Mike Schultz, Planner Pam Dudziak, Planner Sarah Thomas, Assistant City Engineer Aaron Nelson, and City Attorney Bob Bauer. AGENDA Chair Vanderpoel asked staff if there were any changes to the agenda. City Planner Schultz noted that Item B, Goldfish Swim School, is postponed to the July 23, 2019 APC meeting. Member Weimert moved, Member Sagstetter seconded a motion to adopt the Agenda. All voted in favor. Motion carried 6-0. Commissioner Francis abstained. May 28th, 2019 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Weimert moved, Member Heckmann seconded a motion to approve the May 28, 2019 Advisory Planning Commission Meeting minutes. A vote was taken. All voted in favor. Motion carried 7-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS New Business A. Club Pilates Applicant Name: Bill Baker, Baker Eagan Station LLC Location: 3450 Pilot Knob Road; Lot 1, Block 1, MVTA Eagan Transit Station Application: Planned Development Amendment A Planned Development amendment to allow a fitness studio. File Number: 15-PA-03-05-19 Advisory Planning Commission June 25, 2019 Page 2 of 17 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated June 20, 2019. Planner Thomas noted the additional letter, dated June 24, 2019, from the applicant’s attorney that was uploaded to the Commission’s packet. Michael Klemm, attorney, spoke on behalf of the applicant. Mr. Klemm indicated his client is contesting two conditions of the Final Planned Development agreement, conditions #17 and #18; regarding that uses be convenience oriented, and that health and sports clubs should be either struck or modified to allow up to 4,000 square feet. Mr. Klemm noted the existing uses within the shopping center, and stated the uses were not strictly convenience oriented. Mr. Klemm indicated that the request to strike or modify the health and sports club condition is supported by the City’s goals within the draft 2040 Comprehensive Plan by providing a healthy lifestyle. Additionally, he noted that the allowance would provide options for transit riders during inclement weather. Member Jensen asked Mr. Klemm to clarify his client’s request. Mr. Klemm clarified that they were seeking to either eliminate the prohibition of health and sports clubs or to modify the allowance not to exceed 4,000 square feet. Member Jensen clarified that the staff report limits the use to 1,800 square feet. Mr. Klemm responded that his client’s request is for 1,800 square feet, but viewed this as an opportunity to review the overall situation (involving the Final Planned Development agreement and current market conditions). Member Jensen asked if there is a plan to expand at some point. Mr. Klemm responded that he was not aware of one. Member Sagstetter asked Mr. Klemm if his client is asking for a health and sport club. Mr. Klemm explained that the health and sports club term is generally intended for large facilities and not for smaller (fitness) uses; the term generally describes a range of uses and wanted to address the matter head on. Chair Vanderpoel asked Mr. Klemm if he reviewed the prior minutes or video regarding the original Planned Development Agreement. Mr. Klemm indicated no. Advisory Planning Commission June 25, 2019 Page 3 of 17 Chair Vanderpoel asked how he knew if City Council had something else in mind (regarding the two restrictions). Mr. Klemm pointed out that the other uses are very large and fit more in the concept of a destination; secondly, it has been 20 years since the PD Agreement and the way people approach fitness has changed since then. Chair Vanderpoel asked about a comment within the project description regarding that transit riders would enjoy the convenience of the pilates studio. Kristin Montpetit, 911 Sierra Court, Woodbury, MN, the club manager, responded that she did not take a survey of riders regarding this use, but noted a number of people work out before or after the work day. Chair Vanderpoel opened the public hearing. There being no public comment, Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Member Francis asked if it was within the Planning Commission’s ability to consider the requested change to allow the health and sports club. City Attorney Bob Bauer responded that the staff report was written modifying the request, staff determined that removing or modifying the condition was not in the best interest of the City. Member Francis asked if the other uses at the site are considered convenience or destination uses, or if they were permitted uses. Chair Vanderpoel asked staff to clarify. Planner Thomas responded that the (existing uses) are permitted uses. Member Sagstetter voiced that he believes the proposed use is more of a convenience use rather than a large health club that would be a destination use. Sagstetter clarified that the use would not be a health club, but could be considered a sports club; an added that it is a convenience use. Member Heckman stated that the use is more of boutique use and that it could promote more commuting due to the convenience to riders. Heckman added that she was not comfortable totally removing the prohibition on health and sports clubs. Member Weimert thought the use would fall under the definition of a health or sports club, he suggested City Council evaluate changing the definition; he would not be supportive of the request. Advisory Planning Commission June 25, 2019 Page 4 of 17 Member Jensen stated that the landscape of fitness clubs and working out has changed dramatically over the past 20 years; perhaps the City Council may want to consider clarifying the definition of a health and sports club and consider a boutique studio. Jensen added that he thought the boutique size of 1,800 square feet is supportable as it would provide a convenience to riders; however, he is also hung up on the the current definition provided within the original Final Planned Development. Member Whisnant agreed with Jensen’s comments adding that the regulations are out dated, fitness trends have changed, and recommended the City Council consider a boutique studio definition. Whisnant added that Cole’s Salon could be considered more of a destination since appointments are generally needed at a salon. Member Francis stated that he thought due to the (small) size of the facility it would be considered a convenience use as compared to larger health clubs. Chair Vanderpoel stated that she thought it was both convenience use taking advantage of transit riders, but also a destination use; adding that she thought it would traditionally be considered a health or sports club which would fall under the prohibition as listed. In order for the City Council to consider this item and re-evaluate the definition, it should be forwarded for their consideration. Vanderpoel added that she would be in support of the proposal as presented by staff. Member Sagstetter moved, Member Heckman seconded a motion to recommend approval of a Planned Development Amendment to allow a fitness studio at 3450 Pilot Knob Road, legally described as Lot 1, Block 1, MVTA Eagan Station, 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. 2. The fitness studio shall be located as shown on the Site Plan received May 15, 2019, and shall not exceed 1,800 sq. ft. 3. A Building Permit shall be obtained for the tenant buildout. 4. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to installation of any signs. All voted in favor. Motion carried 6-1, Member Weimert opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 20, 2019 CASE: 15-PA-03-05-19 APPLICANT: Baker Eagan Station LLC HEARING DATE: June 25, 2019 PROPERTY OWNER: MN Valley Transit Authority APPLICATION DATE: May 15, 2019 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 3450 Pilot Knob Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a fitness studio located at 3450 Pilot Knob Road, legally described as Lot 1, Block 1, MVTA Eagan Transit Station. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended b y the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two -thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The property is an MVTA transit station and contains a parking ramp and some retail shops. The retail center was constructed in 2000, along with reconstruction of the transit parking from a surface lot to a structured parking ramp. The property is zoned PD, Planned Development. A PD Amendment was approved in 2007 to allow a detached trash enclosure. Planning Report – Club Pilates June 25, 2019 Page 2 The 1999 conditions of development approval limited the retail center to mass transit- supportive and convenience-based uses versus destination uses (condition 17 of 09-07-1999 City Council minutes). Additionally, a list of prohibited uses was established (condition 18 of 09-07-1999 City Council minutes), including: • Any establishment requiring a liquor license • Department stores • Junior department stores • Hardware • Theater • Small vehicle or boat sales • Amusement rooms • Health and sports clubs • Garden store • Motel or hotel • Multiple dwelling complex • Public utility tower EXISTING CONDITIONS The subject site is currently a single platted parcel and is located at the southeast corner of Pilot Knob Road and Yankee Doodle Road. Surface parking in front of the retail center is reserved for retail users, while transit and retail users may park in the ramp behind. Full access to the site is provided from a signalized intersection at Pilot Knob Road, and a right-in/right-out access is provided to Yankee Doodle Road. An attached trash enclosure is located on the south east corner of the existing retail building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Bank (Wells Fargo) PD, Planned Development O/S, Office Service East I-35E South I-35E West Hotel (Holiday Inn Express)/ Motor Fuel Station (SA) PD, Planned Development RC, Retail Commercial Planning Report – Club Pilates June 25, 2019 Page 3 EVALUATION OF REQUEST Description of Proposal – The applicant proposes to operate a fitness studio within 1,800 sq. ft. of the 15,000 sq. ft retail center, specifically, the southern endcap (formerly occupied by Starbucks). The applicant’s narrative states “Club Pilates is a use typically referred to as a pilates ‘studio’. It is one of several specialized boutique fitness uses that have become increasingly popular in the past decade. They tend to focus on one or two aspects of fitness and usually offer small group classes, often requiring an appointment”. The proposal includes 12 pilates reformers, which limits a class to 12 participants. The maximum persons on site, including staff, should not exceed 18 people. The proposed fitness studio would not require exterior modifications to the building or site, other than building signage. Tenant improvements for interior modifications would be necessary. The applicant indicates the use is dissimilar to a “health club” in that those are usually larger, multi-activity facilities. Compatibility with Surrounding Area – The proposed use appears compatible with the area. Similar, smaller-scale fitness uses are located in nearby commercial centers such as Orangetheory in Central Park Commons and Snap Fitness in Duckwood Square. Public Benefit – According to the narrative, the proposal to allow the fitness studio will “be a very convenient use for transit customers, allowing them to quickly and conveniently get in a work out before their morning commute or after their return in the evening.” Code Requirements – The underlying zoning district, Community Shopping Center, (CSC) allows health and fitness clubs as a Conditional use . A Planned Development Amendment is a tool utilized in lieu of a Conditional Use Permit (CUP); however, the approvals tied to the original development prohibit certain uses, including health and sports clubs, and require the uses be convenience uses for the park and ride user and not destination oriented. It is a policy matter for City officials to determine whether the proposal is considered a convenience use vs. a destination use and not defined as a traditional health club. SUMMARY/CONCLUSION The applicant is proposing to add a fitness studio within the existing MVTA retail building at the south end of the building. While otherwise allowed via a CUP, the proposed use is similar to uses that were identified as prohibited at time of initial development . Further, per initial approvals, the uses must be convenience uses for the park and ride user and not destination oriented. Planning Report – Club Pilates June 25, 2019 Page 4 The compatibility of the proposed PD Amendment is a policy mater for City Officials. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a fitness studio at 3450 Pilot Knob Road, legally described as Lot 1, Block 1, MVTA Eagan Station. 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. 2. The fitness studio shall be located as shown on the Site Plan received May 15, 2019, and shall not exceed 1,800 sq. ft. 3. A Building Permit shall be obtained for the tenant buildout. 4. All signage shall comply with City Sign Code standards. A Sign Perm it shall be obtained prior to installation of any signs. F L IC K E R CR KOLSTADLNASHBURYROADTOWNCENTREDRIVEMARICE DR FEDERALDRIVEDREXEL CTQUARRYCT.B O A R D W A L K TOWN CENTRE DRI VE BLACKHAWK RIDGE WAYPROMENADE AVETOWN CENTRE DR BLACKHAWK LAKE CTC.S.A.H.NO.31(PILOTKNOBROAD)CTCRESTRIDGE DRKI TTI WAKECIRMARICECTAS H B URYCT WIDGEONWAYWIDGEONWAYNORTHJURDYCT LEMIEUX CIR DENMARK CTNORWEST LAKEVI E WCURVEST.CHARLESPLACECRESTRIDGE LANE C E N T R A L P AR KW AYALDENPONDLANEBLACKHAWKLAKEDRKRESTWOOD LNWOODTHRUSHCTCOACHMANROADSHERMAN COURTSURREYHEI GHTSD R IV E BLACKHAWKLAKEDRJURDY ROA D VIOLET LANE N O R T H W O O D P K W Y PARK P L C.S.A.H. NO. 31 (PILOT KNOB ROAD)COACHMANROADFEDERALDRIVEDUCKWOOD DR MO UR N IN G D O V ECTENGLERT RD L AKEVIEW TR AIL COACH M A NROADDENMARK AVEPACIFICAVE FEDERAL DRIVEHIGH -S I TE DRIVE COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)MERGANSER CTTANANGER C T QUARRY S J U R DY CT C.S.A.H. NO. 31 (PILOT KNOB ROAD)DUCKWOOD DRFEDERAL DRIVECOACH M A NROADPINECREST CTQUARRY RD COUNTY ROAD NO.28 (YANKEE DOODLE ROAD)WIDGEONWAYT IMBERSHORELANETOWN CENTRE DRI VECOACHMANROAD DENMARK AVEWA S HINGTONDRIVEJ URDYROADKOLSTAD ROADCROSSROADCT.DENMARK AVE81ST ST W CRESTRIDG E C T B L ACKHAW K HILLS RD WIDGEO N W A YA SHBURYPLLAKEVIEWCURVE DENMARK CTDENMARK AVES P O ONBILLCIRKI NGLET CT CentralParkPark FishLakePark MoonshinePark O'LearyLakePark Quarry Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Club PilatesRequest: Plann ed Development AmendmentCase No.: 15-PA -03-05-19 Subject Site Interstate 35-E NorthInterstate 35-E SouthCO. RD. 28 Yankee Doodle Road CO. RD. 31 Pilot Knob RoadCO. RD. 28 Yankee Doodle Road Town Centre Drive0 300150 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-2018 Project Name: Club PilatesRequest: Planned Development AmendmentCase No.: 01-PA-04-05-19 All information is from sources deemed reliable and is submitted subject to errors, omissions, change of price, terms, prior sales and withdrawals. MANAGING PARTNER Bill Baker PHONE 904-923-1557 EMAIL BILLBAKER@ENDURANCEPROPERTIES.NET WEBSITE WWW.ENDURANCEPROPERTIES.NET PLANNED DEVELOPMENT AMENDMENT3450 Pilot Knob Rd Eagan, MN 55122 All information is from sources deemed reliable and is submitted subject to errors, omissions, change of price, terms, prior sales and withdrawals. EXIT 97A 35E 35E S OLD RAND RD YANKEE DOODLE RDCENTRAL PKWYCENTRAL PKWYDENMARK AVETOWN CENTRE DRYANKEE DOODLE RD DUCKWOOD DRPILOT KNOB RDPROMENADE AVELEXINGTON AVE31 31 SUBJECT PROPERTY MANAGING PARTNER Bill Baker PHONE 904-923-1557 EMAIL BILLBAKER@ENDURANCEPROPERTIES.NET WEBSITE WWW.ENDURANCEPROPERTIES.NET PLANNED DEVELOPMENT AMENDMENT3450 Pilot Knob Rd Eagan, MN 55122 All information is from sources deemed reliable and is submitted subject to errors, omissions, change of price, terms, prior sales and withdrawals. EXIT 97A 35E 35E YANKEE DOODLE RD PILOT KNOB RD31 Proposed Club Pilates PLANNED DEVELOPMENT AMENDMENT3450 Pilot Knob Rd Eagan, MN 55122 All information is from sources deemed reliable and is submitted subject to errors, omissions, change of price, terms, prior sales and withdrawals. MANAGING PARTNER Bill Baker PHONE 904-923-1557 EMAIL BILLBAKER@ENDURANCEPROPERTIES.NET WEBSITE WWW.ENDURANCEPROPERTIES.NET 7491 France Ave SPilates ProWorks Edina Serving Saint Paul 1040 Cleveland Ave S Highland 3365 Central Park Village Dr 1637 Ashbury Pl 1637 Ashbury Pl 5885 149th St W 25 Dale St N Summit-University St. Paul Pilates Studio PainFree Posture MN Longevity Studio Eagan Pilates Six Degrees 3021 Holmes Ave Uptown Core Studio Jazzercise Viverant SUBJECT 3450 Pilot Knob Rd 730 E 38th St Powderhorn New Movement RESULTS OF GOOGLE SEARCH FOR PILATES IN EAGAN PLANNED DEVELOPMENT AMENDMENT3450 Pilot Knob Rd Eagan, MN 55122 All information is from sources deemed reliable and is submitted subject to errors, omissions, change of price, terms, prior sales and withdrawals. MANAGING PARTNER Bill Baker PHONE 904-923-1557 EMAIL BILLBAKER@ENDURANCEPROPERTIES.NET WEBSITE WWW.ENDURANCEPROPERTIES.NET PLANNED DEVELOPMENT AMENDMENT3450 Pilot Knob Rd Eagan, MN 55122 Eagan YMCA (651) 456-9622 www.eaganymca.org www.facebook.com/Eaganymca Group Training Schedule Summer 2019 - Classes starting between June 3 and September 8 BUILDING HOURS KIDS STUFF HOURS Monday-Friday:M-Th 5:00am-10:00pm, F 5:00am-9:00pm 6:00am-8:00pm 6:00am-8:00pm Saturday: Sunday: Monday-Friday:M-Th 8:30am-8:30pm, F 8:30am-7:00pm 8:00am-1:00pm 9:00am-6:00pm Saturday: Sunday: Friday, June 21Classes starting Sports Enhancement Training - 30 min: 15+ yrs 82_FW_1336_50_062119_YHL Studio B Kyle $84 member /$126 non-member Class meets 7 times11:00 am to 11:30 am Pilates Reformer Group Class - 45 min: 15+ yrs 82_FW_1339_50_062119_YHL Studio B Kyle $112 member /$154 non-member Class meets 7 times 12:00 pm to 12:45 pm Thursday, June 20Classes starting Pilates Reformer Group Class - 60 min: 15+ yrs 82_FW_1326_40_062019_YHL Studio B Kyle $140 member /$182 non-member Class meets 7 times 5:30 am to 6:30 am Wednesday, June 19Classes starting Pilates Reformer Group Class - 45 min: 15+ yrs 82_FW_1339_30_061919_YHL Studio B Kyle $112 member /$154 non-member Class meets 7 times 9:00 am to 9:45 am Sports Enhancement Training - 30 min: 15+ yrs 82_FW_1336_30_061919_YHL Studio B Kyle $84 member /$126 non-member Class meets 7 times 11:00 am to 11:30 am Tuesday, June 18Classes starting Kettlebells Intermediate - 45 min: 15+ yrs 82_FW_1331_20_061819_YHL Studio B Mark Smith $112 member /$154 non-member Class meets 7 times 5:00 pm to 5:45 pm Pilates Reformer Group Class - 60 min: 15+ yrs 82_FW_1326_20_061819_YHL Studio B Kyle $140 member /$182 non-member Class meets 7 times6:00 pm to 7:00 pm Monday, June 17Classes starting Sports Enhancement Training - 30 min: 15+ yrs 82_FW_1336_10_061719_YHL Studio B Kyle $84 member /$126 non-member Class meets 7 times11:00 am to 11:30 am Advanced Strength Training - 60 min: 15+ yrs 82_FW_1242_10_061719_YHL Fitness Center JT $140 member /$182 non-member Class meets 7 times 5:00 pm to 6:00 pm Class Descriptions Advanced Strength Training - 60 min Each week brings a different workout with new lifts to challenge or meet your strength -training needs. Change your fitness level with this high-intensity interval training class. Kettlebells Intermediate - 45 min If you already know beginning moves with kettlebells—like arm swings, squats, twists and lunges, this class cranks things up a notch with more movements to build strength, mobility, energy and vitality. It's a challenging, dynamic and effective workout. REGISTRATION BEGINS APRIL 30, 2019 Page 1 of 2 Class availability varies by location. Schedules subject to change. Please visit ymcamn.org for updated class listings. Eagan YMCA(651) 456-9622 www.eaganymca.org www.facebook.com/EaganymcaGroup Training ScheduleSummer 2019 - Classes starting between June 3 and September 8BUILDING HOURS KIDS STUFF HOURSMonday-Friday:M-Th 5:00am-10:00pm, F 5:00am-9:00pm6:00am-8:00pm6:00am-8:00pmSaturday:Sunday:Monday-Friday:M-Th 8:30am-8:30pm, F 8:30am-7:00pm8:00am-1:00pm9:00am-6:00pmSaturday:Sunday: Friday, June 21Classes starting Sports Enhancement Training - 30 min: 15+ yrs 82_FW_1336_50_062119_YHL Studio B Kyle $84 member /$126 non-member Class meets 7 times 11:00 am to 11:30 am Pilates Reformer Group Class - 45 min: 15+ yrs 82_FW_1339_50_062119_YHL Studio B Kyle $112 member /$154 non-member Class meets 7 times12:00 pm to 12:45 pm Thursday, June 20Classes starting Pilates Reformer Group Class - 60 min: 15+ yrs 82_FW_1326_40_062019_YHL Studio B Kyle $140 member /$182 non-member Class meets 7 times 5:30 am to 6:30 am Wednesday, June 19Classes starting Pilates Reformer Group Class - 45 min: 15+ yrs 82_FW_1339_30_061919_YHL Studio B Kyle $112 member /$154 non-member Class meets 7 times 9:00 am to 9:45 am Sports Enhancement Training - 30 min: 15+ yrs 82_FW_1336_30_061919_YHL Studio B Kyle $84 member /$126 non-member Class meets 7 times 11:00 am to 11:30 am Tuesday, June 18Classes starting Kettlebells Intermediate - 45 min: 15+ yrs 82_FW_1331_20_061819_YHL Studio B Mark Smith $112 member /$154 non-member Class meets 7 times 5:00 pm to 5:45 pm Pilates Reformer Group Class - 60 min: 15+ yrs 82_FW_1326_20_061819_YHL Studio B Kyle $140 member /$182 non-member Class meets 7 times 6:00 pm to 7:00 pm Monday, June 17Classes starting Sports Enhancement Training - 30 min: 15+ yrs 82_FW_1336_10_061719_YHL Studio B Kyle $84 member /$126 non-member Class meets 7 times 11:00 am to 11:30 am Advanced Strength Training - 60 min: 15+ yrs 82_FW_1242_10_061719_YHL Fitness Center JT $140 member /$182 non-member Class meets 7 times 5:00 pm to 6:00 pm Class Descriptions Advanced Strength Training - 60 min Each week brings a different workout with new lifts to challenge or meet your strength-training needs. Change your fitness level with this high-intensity interval training class. Kettlebells Intermediate - 45 min If you already know beginning moves with kettlebells—like arm swings, squats, twists and lunges, this class cranks things up a notch with more movements to build strength, mobility, energy and vitality. It's a challenging, dynamic and effective workout. REGISTRATION BEGINS APRIL 30, 2019 Page 1 of 2 Class availability varies by location. Schedules subject to change. Please visit ymcamn.org for updated class listings. Pilates Reformer Group Class - 45 min Condition your entire body with spring-resistance exercises on the Pilates reformer. This class is kind to your joints while strengthening your core, posture and muscular tone. You must complete Pilates Reformer Instruction before joining this class. Contact us or visit Member Services at your local Y to register for this pre-requisite. Pilates Reformer Group Class - 60 min Condition your entire body with spring-resistance exercises on the Pilates reformer. This class is kind to your joints while strengthening your core, posture and muscular tone. You must complete Pilates Reformer Instruction before joining this class. Contact us or visit Member Services at your local Y to register for this pre-requisite. Sports Enhancement Training - 30 min Fine-tune your performance in your sport of choice with guidance from an expert instructor. REGISTRATION BEGINS APRIL 30, 2019 Page 2 of 2 Class availability varies by location. Schedules subject to change. Please visit ymcamn.org for updated class listings. All information is from sources deemed reliable and is submitted subject to errors, omissions, change of price, terms, prior sales and withdrawals. Club Pilates Overview Club Pilates is a boutique fitness franchise focused on Reformer-based (core piece of equipment) Pilates workouts. The studio is open seven days a week and classes start as early as 5:30am and as late as 7:30pm. Class times are typically in the morning, mid-day, and late afternoon / evening. All classes are instructor-led and the maximum class size is twelve people as there are only twelve workout stations in the studio. There is also a private training room for one-on-one instruction. Classes start on the hour or half-hour and are 50 minutes long. This leaves 10 minutes between classes as customers transition in and out of the studio. There are no showers, so customers typically leave right after class. This arrangement has a minimal impact on parking as there are often no more than 10-15 parking spots in use for Club Pilates at any given time. The Club Pilates studio works well for commuters as many customers take classes right before or after work. Many Pilates classes are not high intensity, so customers are not getting sweaty and can simply freshen up before heading to work or off to others errands in the area. The area is also ideal as many customers will go shopping or eat before and after classes as well. Club Pilates – Occupancy • Front desk = 1 person • Class = maximum of 12 persons • Instructor = 1 person • Private training = 2 persons (Instructor and client – often not at the same time as class) • Retail (approx. 100 sq ft) = 2 persons • Total occupancy = 18 people PLANNED DEVELOPMENT AMENDMENT3450 Pilot Knob Rd Eagan, MN 55122 CLUB PILATES REAL ESTATE GUIDE 2017 250+ studios open | 650+ franchises awarded | 0 locations ever closed Why Club Pilates? • Zero locations ever closed • Only 12-15 parking spaces required • Minimal overlap in parking (10-minute intervals between classes) • Co-tenants benefit from 100+ members visiting daily • Premium fitness brand adds value to your property Is your site perfect for us? To submit a site for consideration, email us: realestate@clubpilates.com. • 1,500 – 2,000 square feet • Minimum frontage of 20 feet • A or B location with everyday uses • Displays our corporate signage on fascia and pylon signage • Close proximity or visibility to major traffic routes & freeways • Close to other fitness concepts, including ‘big box’ gyms • Anchored shopping centers preferred • Walk-by preferred • Urban centers Club Pilates wants to meet you Our ideal studio space The perfect neighbors Club Pilates is the largest provider of premium, Reformer-based group Pilates classes in the world. Our membership studios are open in 36 U.S. states, and we’re just getting started! True to the original Contrology Method established by Joseph Pilates himself, our dynamic classes are available for a variety of fitness levels, with an unmatched variety of equipment and apparatus in state-of-the-art studios. • Female-oriented businesses, in general • Home outfitters (Pier 1 Imports, Home Goods, Bed, Bath & Beyond) • Health/wellness concepts (yoga studios, cardio centers, vitamin stores, beauty shops) • Gourmet national coffee brands (Starbucks, Peet’s, Coffee Bean & Tea Leaf, Caribou) • Premium grocery stores on local promenade (Whole Foods, Trader Joe’s, Wegmans, New Seasons) • Parking: 12-15 spaces • Ceiling: Minimum finished height 10’, or open • Footage: 1,500-2,000+ sq. ft., minimum 20’ wide • HVAC: Minimum 1 ton per 300 sq. ft. • Electrical: Minimum 200V; high-speed internet Facility requirements Demographic range • Population of 30,000-50,000+ qualifying households within two miles, 50% or more female • Average member ages range from 30 to 65 • Average household income of $60,000+ Studio contents: • RETAIL AREA & LOBBY • GROUP WORKOUT FLOOR • PRIVATE TRAINING ROOM • BATHROOM(S)Branded retail area Typical floorplan CLUB PILATES FRANCHISE, LLC 3185 PULLMAN ST. | COSTA MESA CA 92626 WWW.CLUBPILATESFRANCHISE.COM Join the club. To submit a site for consideration, email us: realestate@clubpilates.com. ©2017 Club Pilates Franchise, LLC. 09/17 EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 7, 1999 PAGE 8 A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Masin moved, Mayor Awada seconded a motion to send a letter to the City's legislative delegation regarding the MnDOT turn back for the Northwood Parkway Official Map #1. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT & REZONING - MVTA ? City Administrator Hedges provided an overview on this item. Jim Lasher, representing the MVTA, discussed the two proposed plans for the site and added that there will not be any negative impacts on traffic. Al Baker, owner of Al Baker's Restaurant, stated that he understands the need for mass transit but said that this site is not appropriate for a park and ride. He expressed concerns with the impact on the visibility of his restaurant. He cited situations where he believes lack of visibility led to the demise of restaurants in the City. He also expressed concern about the impact of the additional traffic and said that the MVTA should be required to conduct a traffic study. He suggested that the request be continued for further study or be denied. Councilmember Masin said that as she drove westerly down Yankee Doodle Road toward Al Baker's Restaurant she was unable to see the restaurant until she was at the stop light at the park and ride entrance. Bill Baell, representing SuperAmerica, echoed the concerns expressed by Mr. Baker. Cindy Johnson, President of the Northern Dakota County Chamber of Commerce, stated that area businesses support the need for mass transit. She expressed their concern about the location of the park and ride and said comments were received that indicated there needs to be more study about the impacts on businesses and traffic. Councilmember Blomquist questioned if the height of the structure could be reduced. Mr. Lasher responded that the MVTA is attempting to proceed with a grant application and that reducing the number of cars the site can accommodate will result in the loss of funding. Councilmember Carlson mentioned that a condition stipulating that no liquor may be sold on the site should be added. Mayor Awada noted that additional conditions were being included which addressed monument signs, a traffic impact analysis and traffic mitigation measures. Discussion occurred regarding the potential for full access off Yankee Doodle Road. Councilmember Masin moved, Councilmember Bakken seconded a motion to approve a Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon 4.5 acres of existing I-35E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest 1/a of Section 15. Aye: 5 Nay: 0 Councilmember Masin moved, Councilmember Bakken seconded a motion to approve a Final Planned Development (rezoning from undesignated to PD, Planned Development) to allow the establishment of a mixed use, retail and transit facility upon 4.5 acres of existing I-35E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest 1/4 of Section 15 subject to the following conditions: S EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 7, 1999 PAGE 9 1.The Metropolitan Council shall approve and the City Council shall implement the requested Comprehensive Guide Plan Amendment. 2.The subject property shall be platted. 3.Prior to development activity occurring on site, the applicant and/or developer shall enter into a Planned Development Agreement with the City. 4.The following exhibits shall be required for the Final Planned Development Agreement. Final Site Plan Final Landscape Plan Final Building Elevations and Signage Plan Lighting Plan 5.The City finds the proposed zero lot line setback (for the off-street parking area) from Pilot Knob Road to be acceptable. If determined to be acceptable, the following conditions shall apply: A.The applicant shall provide proof to the City that the County is agreeable to the placement of landscaping and fencing within their right-of-way. B.Prior to final plat approval, the MVTA shall provide a screening plan that responds to the possibility of County road improvements necessitating the removal of screen plantings. 6.A zero lot line is an acceptable parking deck setback from I-35E right-of-way. 7.The 68 parking stalls as proposed is sufficient to satisfy the parking requirement for the retail space. 8.All retail parking spaces shall be signed and reserved for use by retail patrons. 9.All mechanical equipment (rooftop of ground mounted) shall be screened from view of public rights-of-way. 10. All City Sign Code requirements shall be met. 11. All site lighting shall be hooded to deflect light away from adjacent properties and public rights-of-way. 12. The MVTA shall be responsible for the extension of sanitary sewer across Pilot Knob Road (County Road No. 31) to serve the proposed retail buildings on the site. The MVTA shall be responsible for obtaining the necessary permit approvals from Dakota County for this construction. 13. The MVTA shall include the parking area encroachment within the proposed plat. 14. The MVTA shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building and grading permit approvals. 15. The applicant shall pay a cash dedication of $17,500 in satisfaction of the City's water quality requirements. f EACAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 7,1999 PAGE 10 16. The area of the subject devoted to retail uses (buildings and supportive parking) shall be subject to a cash parkland dedication of $3,376 per net acre and a cash trailway dedication of $920 per net acre. 17. That the uses of the proposed retail area be convenience uses for the park & ride user and not destination oriented. 18. The following uses will be prohibited. Any establishment requiring a liquor license Department stores Junior department stores Hardware Theater Small vehicle or boat sales Amusement rooms Health and sports clubs Garden store Motel or hotel Multiple dwelling complex Public utility tower 19. Entrance signs will be monument signs as described in the City Code. 20. The MVTA will be responsible for a traffic impact analysis on the adjacent roadway network for the expansion of the Yankee/Pilot Knob MVTA Park & Ride. 21. The MVTA will be responsible for any and all modifications needed to mitigate any adverse traffic impacts due to the expansion of the Yankee/Pilot Knob MVTA Park & Ride. Aye: 4 Nay: 1 (Councilmember Carlson opposed) Councilmember Bakken said that, at a future Council work session, the Council could discuss pylon signage for Al Baker's and SuperAmerica in an effort to mitigate visibility impacts. Mr. Baell requested that future notifications of public meetings be sent to the business address and also to the property owner. RIVERPARK PRELIMINARY PD CONFIRMATION - BLUE CROSS BLUE SHIELD City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to confirm that the refined site layout design is consistent with the originally approved RiverPark Preliminary Planned Development. Aye: 5 Nay: 0 Mayor Awada recessed the meeting at 9:30 p.m. She reconvened the meeting at 9:45 p.m. Mayor Awada moved, Councilmember Masin seconded a motion to move Item A of New Business, Certification of the Preliminary 2000 Property Tax Lew, to the last item of New Business. Aye: 5 Nay: 0 ^HELLMUTH JOHNSON-^ ATTORNEYS AT LAW WRITER'S DIRECT DIAL No.: (952) 746-2198 E-MAIL: MKLEMM@HJLAWF1RM.COM MSBA BOARD CERTIFIED SPECIALIST REAL PROPERTV LAW June 24, 2019 sthomas Via e-mail cit ofea an. corn Sarah Thomas, Planner CityofEagan 3830 Pilot Knob Road Eagan,MN 55122-1810 Re: Baker Eagan Station LLC CityofEaganFileNo. 15-PA-03-05-19 Our File No.: 28113.0001 Dear Ms. Thomas: Please be advised that the undersigned will appear on behalf of Baker Eagan Station LLC at the Advisory Planning Commission hearing on June 25, 2019, regarding the application for a Planned Development Amendment regarding the property at 3450 Pilot Knob Road. In addition to the Planning Report, we request that the City consider the following information. As noted in the application materials, the applicant specifically requests that the Planned Development Agreement be amended to: 1. eliminate the condition prohibiting health and sports clubs, or 2. modify the condition to only prohibit any single health and sport club occupying more than 4,000 square feet. We believe that many park and ride users would like the convenience of exercising at the Eagan Transit Station before or after work. This is supported by the draft 2040 Comprehensive Plan, which states that "Convenience has become a top priority in recreation as people feel day-to-day time constraints with increasingly busy schedules. Many residents are spending more hours commuting and less time at home. Flexible after-school programs and recreation opportunities are in high demand." See draft 2040 Comprehensive Plan, Chapter 5, Parks and Recreation, page 5, noting the trend of time constraints. As a practical matter, rush-hour traffic and winter driving conditions also discourage people from going to a health club. The opportunity to exercise at Eagan Transit Station before or after work would be very convenient for park and ride users. In addition, allowing health and sports clubs at the Eagan Transit Station would be consistent with the City's goals of providing healthy living opportunities and promoting recreation. The draft 2040 Comprehensive Plan reaffirms the guiding principle to "Enable the residents of Eagan to pursue an active, healthy lifestyle by providing resoiirces and opportunities for physical and mental well- 8050 West 78th Street, Edina, MN 55439 T 952-941-4005 F 952-94-1-2337 www.hjlawfirm.com Sarah Thomas, Planner City of Eagan June 24, 2019 Page 2 being." See draft 2040 Comprehensive Plan, Chapter 5, Parks and Recreation, page 3 The draft 2040 Comprehensive Plan also encourages optimizing the use of available resources and partnering with others to provide recreational opportunities. It is ironic that the current conditions in the Planned Development Agreement allow convenient access to fast food and tobacco at Eagan Transit Station, but prohibit convenient access to health and sports clubs, with no stated reason. Finally, allowing health and sports clubs at the Eagan Transit Station may help achieve the City's goal of increasing utilization of park and ride services. According to Eagan's draft 2040 Comprehensive Plan, "Specific ways that transit in Eagan could be improved are as follows: Improve utilization of park and ride services at Cedar Grove Transit Station and Eagan Transit Station by promoting transit as a commuting option. Both stations are currently under 50% utilization as reported in Metropolitan Council's 2016 Park and Ride System Report." See Chapter 7, Transportation, page 37. Allowing health and sports clubs at Eagan Transit Station may improve utilization of park and ride services by appealing to health-conscious commuters. We appreciate the City's consideration of these issues. Very truly yours, HELLMUTH & JOHNSON, PLLC y^^zj^ ^ ^^-, Michael D. Klemm Attorney at Law MDK/law ec: Baker Eagan Station LLC (via email) 28113.0001-4194061 1 Agenda Information Memo July 2, 2019, Eagan City Council Meeting NEW BUSINESS B. Interim Use Permit – River Valley Church Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit (IUP) to allow a church in a Business Park zoning district, upon property located at 875 Blue Gentian Road, subject to the conditions listed in the Advisory Planning Commission (APC) minutes. Required Vote For Approval:  At least three votes Facts:  The property was developed in 1997 with a 59,000 s.f. office building. The property is zoned Business Park (BP).  Churches are not an allowed use in the BP Zoning district; churches are allowed as permitted or conditional uses in other zoning districts.  The purpose of an Interim Use Permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district, on a temporary basis.  In 2011 River Valley Church (then High Point Church) was granted a 5‐year Interim Use Permit to occupy 16,000 s.f. at the south end of the building. Earlier this year, it was discovered that the IUP expired in 2016, and the church was still operating in this location, which prompted this application to renew the IUP.  The church has operated in this location for the past 8 years, with no apparent parking or other operational issues.  No changes to the site or building are proposed at this time.  The applicant proposes another five‐year term for the IUP.  It is a policy matter for City officials to determine if continued operation of the church is compatible within the BP zoning district and with the surrounding area on an interim basis.  The APC held a Public Hearing on June 25, 2019 and did recommended approval. Issues:  None 60‐Day Agency Action Deadline:  July 14, 2019 Attachments: (4) NBA‐1 Location Map NBA‐2 Draft June 25, 2019, APC Minutes NBA‐3 Planning Report NBA‐4 Report Exhibits KENNETH ST C.S.A.H. NO. 26 (LONE OAK RD.) GRAND OAK CIR W STATETRUNKHWY.NO.149KEEFE ST L O N E OAKPARKWAYB L U E WA T E R R D VIKINGS PA R K W AYLONE O A K P A R K W AYBLUEGENTIANRD LONE OAK DRIVE STATE TRUNK HWY. NO. 55 LONE OAK CIRCLEC O M ME R S D R WATERS R D BEATRICE ST GRAND OAK CIR EVIKIN G S P A R K W A Y MCKEE ST C.S.A.H. NO.26 (LONE OAK RD.)FIRST STLONEOAKPARKWAYO 'N E I L L D R S T A T E T R U N K H WY . N O. 1 4 9 B L U E G E N T IA N R D BLUE GENTIAN RD LexingtonPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: River Valley ChurchRequest: Interim Use PermitCase No.: 02-IN-02-05-19 Subject Site Advisory Planning Commission June 25, 2019 Page 6 of 17 C. River Valley Church Applicant Name: Steve Blount, River Valley Church Location: 875 Blue Gentian Rd; Lot 4, Block 1, Robins 2nd Addition Application: Interim Use Permit An Interim use to allow a church in a Business Park zoning district. File Number: 02-IN-02-05-19 Planner Pam Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 19, 2019. Chair Vanderpoel asked if the applicant was present and would like to provide any comments. Neil Turner, 15273 Florist Circle, Apple Valley, stated that he appreciated the Commission’s consideration in the matter and how excited they were being part of the community. Chair Vanderpoel opened the public hearing. Thomas and Mary O’Neil, 830 O’Neil Drive, stated that they have lived across from the church for years, the church has been an excellent neighbor, and they have no complaints. Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Member Weimert moved, Member Jensen seconded a motion to recommend approval of an Interim Use Permit to allow the continued operation of a church in a BP zoning district upon property located at 875 Blue Gentian Road, legally described as Lot 4, Block 1, Robins 2nd Addition. If approved, the following conditions shall apply: 1. The Interim Use Permit shall be recorded against the property at the Dakota County. 2. The permit shall expire five (5) years from the date of approval. 3. All signage shall be consistent with City Code requirements. 4. A building permit shall be obtained for interior remodeling and tenant finish work. 5. Any new rooftop or ground mounted mechanical units shall be subject to screening requirements in the City Code 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 Advisory Planning Commission June 25, 2019 Page 7 of 17 permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2019 CASE: 02‐IN‐02‐05‐19 APPLICANT: River Valley Church HEARING DATE: PROPERTY OWNER: Vanman Architects and Builders REQUEST: Interim Use Permit APPLICATION DATE: May 15, 2019 PREPARED BY: Koehl Simmons LOCATION: 875 Blue Gentian Road COMPREHENSIVE PLAN: SA/BP, Special Area/Business Park ZONING: BP, Business Park SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to allow the continued operation of a church use in a BP zoning district upon property located at 875 Blue Gentian Road, legally described as Lot 4, Block 1, Robins 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 – River Valley Church (875 Blue Gentian Rd.) June 25, 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 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 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. 3. 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. 4. 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. 5. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. 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 Planning Report – River Valley Church (875 Blue Gentian Rd.) June 25, 2019 Page 3 Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted in 1996. In 1997 the site was developed with a 59,000 s.f. one‐story office/warehouse building. The City adopted the BP zoning district ordinance in 1996 and this site was in the first area of the city to be zoned Business Park (BP). BP zoning allows offices, office/warehouse, and office/showroom, manufacturing and processing when wholly contained inside the building, public utilities and technical/vocational/business schools. In addition, conditional uses include daycare facilities, elementary and middle schools, financial institutions with drive‐thru, health care facilities and health/fitness clubs, hotels/motels, and restaurants. Architectural standards are a slightly higher for BP zoning than Limited Industrial (I‐1), and signage somewhat more restrictive. In 2011 River Valley Church (then High Point Church) was granted a 5‐year Interim Use Permit (IUP) to occupy 16,000 s.f. at the south end of the building. The church has operated in the building ever since with no apparent parking or other operational issues. In 2019 it was discovered that the Interim Use Permit had expired in 2016, which prompted this application for renewal of the IUP. EXISTING CONDITIONS The site is developed with a 59,000 s.f. one‐story office/warehouse building. The property has public street frontage along three sides, Blue Gentian Road to the west and south and Hwy. 149 to the east. Parking surrounds the building along the west, south, and east sides. The east side also contains a loading area for warehouse space. Access to the site is from Blue Gentian Road in two locations. Site circulation provides for free movement between this lot and the adjacent lot to the north. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Office/warehouse BP, Business Park SA/BP, Special Area/Business Park East Hwy. 149 vacant (multi‐ story office) and single family residential PD, Planned Development; R‐1, Single‐family Residential SA/BP, Special Area/Business Park South Office BP, Business Park SA/BP, Special Planning Report – River Valley Church (875 Blue Gentian Rd.) June 25, 2019 Page 4 Area/Business Park West Office BP, Business Park SA/BP, Special Area/Business Park EVALUATION OF REQUEST Proposal ‐ River Valley Church is requesting approval of an Interim Use Permit for a 5‐year term. The church occupies approximately 16,000 s.f. within the 59,000 s.f. building consisting of a main auditorium, a youth auditorium, lobby, classrooms, and offices. The main auditorium seats around 400 people and the youth auditorium seats about 100. The building is primarily used on Sunday mornings with services at 9:00 am and 11:00 am and has a regular weekend attendance of 550 over 2 services and uses 158 parking spaces on the premises. On Wednesday nights, the church holds youth services with an average attendance of 100. Compatibility with Surrounding Area – The Business Park (BP) zoning district is intended to accommodate development of low intensity office, light industrial and supporting commercial services uses that may be suitable in relatively close proximity to non‐industrial development. Churches are not an allowed use in the BP zoning district, however, they are allowed with a Conditional Use Permit (CUP) in the Park (P) district and as a permitted use in the Public Facilities (PF) district. The IUP may allow a use not otherwise specified within a zoning district, where the use and its impacts generally appear to be compatible with the surrounding area. The standards for review of an IUP are set forth in the Authority for Review section in the beginning of this report. The property remains zoned BP and guided in the Comprehensive Guide Plan for Major Office development. It is a policy matter for the elected officials to determine whether the proposal is compatible on an interim basis with the surrounding area and in the BP zoning district. Airport Noise Considerations – Based on the Metropolitan Council Policy Contours adopted in 2007, the site is located within Noise Policy Zone 4 and churches are considered a conditional use within Zone 4. Since Section 11.64 of the City Code applies only to new construction, the sound attenuation requirements for a conditional use in Policy Zone 4 do not apply to this proposal. The applicant should be aware that the site is exposed to noise from aircraft overflights. Site Plan/Parking – No changes to the Site Plan are proposed. The site provides 181 parking stalls and shows proof of parking for an additional 68 stalls by converting the truck loading areas to vehicle parking east of the building. To the extent that portions of the building continue to be used as a warehouse, the additional proof of parking stalls are not available. Planning Report – River Valley Church (875 Blue Gentian Rd.) June 25, 2019 Page 5 City Code requires parking to be provided in the amount of one stall for each 3 seats in the main assembly hall. With a capacity of 400, this translates into a need for 133 parking stalls. The applicant’s narrative indicates Sunday traffic to be approximately 158 parking spaces. Church traffic occurs primarily during evening and weekend hours as opposed to typical weekday business hours. The Property was developed in 1997 and no changes to landscaping, grading/storm drainage, or access are proposed at this time. Signage – River Valley Church installed signage in 2013 consistent with City Code, and also consistent with other tenants within the building. SUMMARY/CONCLUSION River Valley Church is proposing to renew an Interim Use Permit to allow a church in a BP zoning district for a term of five years. The proposed use appears to be compatible with surrounding uses, given traffic patterns and parking demands opposite that of typical business park uses. No modifications to the site are proposed. The tenant space was previously finished for this use and no further modifications to the building or site are proposed at this time. Churches are allowed as permitted and conditional uses in other zoning districts and not within the BP district. The IUP may allow a use not otherwise specified within a zoning district, where the use and its impacts generally appear to be compatible with the surrounding area. The acceptability of the proposed IUP is a policy matter for City officials. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow the continued operation of a church in a BP zoning district upon property located at 875 Blue Gentian Road, legally described as Lot 4, Block 1, Robins 2nd Addition. If approved, the following conditions shall apply: 1. The Interim Use Permit shall be recorded against the property at the Dakota County. 2. The permit shall expire five (5) years from the date of approval. 3. All signage shall be consistent with City Code requirements. 4. A building permit shall be obtained for interior remodeling and tenant finish work. 5. Any new rooftop or ground mounted mechanical units shall be subject to screening requirements in the City Code Planning Report – River Valley Church (875 Blue Gentian Rd.) June 25, 2019 Page 6 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. TH STCSAH NO 26(LOGRAND OAK CIR WS T A T E T R U N K H W Y.N O .1 4 9 STL O N E O AKPARKW AYBLUE W ATE R RD VIKINGSPARKWAYLONEO A K P A R K W A YBLU E G E N T IANRDLONE OAK DRIVESTATE TRUNK HWY. NO. 55LONE OAK CIRCLECOMM E R S D RWATERSRD CE STGRAND OAK CIR EVIKI NGS P A R K W AY ST)FIRST STLONEOAKPARKWAYO'NEILLDRSTATE T R U NK H WY. NO.14 9 BLUE GENTIAN RDBLUEGENTIANRDLexingtonParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: River Valley ChurchRequest: Interim Use PermitCase No.: 02-IN-02-05-19Subject Site HWY 149 Dodd Ro a d HWY 55HWY 149 Dodd RoadHWY 149 Dod d R o a d HWY 149 Dodd R o a d HWY 149 Dodd RoadBlue Gentian RoadVikings ParkwayLone Oak ParkwayO'Neill DriveLone Oak PkwyO'Neill Drive0300150Feet´This map is for reference use only. 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