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05/05/2020 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 5, 2020 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. AMEND City Investment Policy F. PROCLAIM May 3-9, 2020 as Drinking Water Week G. PROCLAIM May 17-23, 2020 as Public Works Week H. PROCLAIM June 2020 as Lakes Appreciation Month I. APPROVE Plans & Specifications, Contract 20-18, 2020 Water Quality Improvements, and Authorize Bid Opening J. APPROVE Contract 20-19, Yankee Doodle Road Streetlight System Repairs K. AUTHORIZE Letter of Support to Dakota County for Regional Solicitation Letter of Support for Dakota County CP 32-87 - CSAH 32 (Cliff Road) Reconstruction Project L. APPROVE Water Meter Replacement/Repair Program Surcharge Appeals M. APPROVE Fee Schedule Amendment: Antennae – Radio, Satellite, Microwave and PCS N. APPROVE Action to not waive monetary limits on municipal tort liability O. APPROVE a one-year extension of the Variance approval for 10-feet to the required 40-foot structure setback from Duckwood Drive, upon property located at 3540 Federal Drive. P. APPROVE Change Order #1 for ETV Studio Cameras Q. APPROVE Contract for Cross Connection Control Services R. APPROVE Second Amendment to Repurchase Agreement for Lot 1, Block 1, Yankee Plaza 2nd Addition located at 3540 Federal Drive V. PUBLIC HEARINGS A. VACATE Public Drainage & Utility Easements – Lot 1 Block 2 & Outlot C, Viking Lakes VI. OLD BUSINESS A. ORDINANCE AMENDMENT – An Ordinance Amendment to City Code Chapter 6.34 regarding Tobacco and Electronic Cigarette Regulations VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT – Waters Annex Property – MV Eagan Ventures, LLC – A Comprehensive Guide Plan Amendment from MO, Major Office to MU, Mixed Use located Outlot A, Waters Annex 2nd Addition B. COMPREHENSIVE GUIDE PLAN AMENDMENT; REZONING; PRELIMINARY PLANNED DEVELOPMENT; and PRELIMINARY SUBDIVISION - Ballantrae Apartments, LLC - a Comprehensive Guide Plan Amendment from MD, Medium Density to HD, High Density Residential, a Rezoning from R-4, Residential Multiple to PD, Planned Development, a Preliminary Planned Development to allow the addition of 2 multi-family buildings with 110 dwelling units and a Preliminary Subdivision of 19.42 acres to create 3 lots located at 3800 Ballantrae Road C. AUTHORIZE Staff to Close Cascade Bay for the 2020 Season 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: May 1, 2020 Subject: Agenda Information for May 5, 2020 City Council Meeting ADOPT AGENDA After approval is given to the May 5, 2020 City Council agenda, the following items are in order for consideration. Memo To: Honorable Mayor and City Council Members From: City Administrator Osberg Date: May 1, 2020 Subject: Agenda Information for May 5, 2020 City Council Meeting ADOPT AGENDA After approval is given to the May 5, 2020 City Council agenda, the following items are in order for consideration. AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 5, 2020 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. AMEND City Investment Policy F. PROCLAIM May 3-9, 2020 as Drinking Water Week G. PROCLAIM May 17-23, 2020 as Public Works Week H. PROCLAIM June 2020 as Lakes Appreciation Month I. APPROVE Plans & Specifications, Contract 20-18, 2020 Water Quality Improvements, and Authorize Bid Opening J. APPROVE Contract 20-19, Yankee Doodle Road Streetlight System Repairs K. AUTHORIZE Letter of Support to Dakota County for Regional Solicitation Letter of Support for Dakota County CP 32-87 - CSAH 32 (Cliff Road) Reconstruction Project L. APPROVE Water Meter Replacement/Repair Program Surcharge Appeals M. APPROVE Fee Schedule Amendment: Antennae – Radio, Satellite, Microwave and PCS N. APPROVE Action to not waive monetary limits on municipal tort liability O. APPROVE a one-year extension of the Variance approval for 10-feet to the required 40-foot structure setback from Duckwood Drive, upon property located at 3540 Federal Drive. P. APPROVE Change Order #1 for ETV Studio Cameras Q. APPROVE Contract for Cross Connection Control Services R. APPROVE Second Amendment to Repurchase Agreement for Lot 1, Block 1, Yankee Plaza 2nd Addition located at 3540 Federal Drive V. PUBLIC HEARINGS A. VACATE Public Drainage & Utility Easements – Lot 1 Block 2 & Outlot C, Viking Lakes VI. OLD BUSINESS A. ORDINANCE AMENDMENT – An Ordinance Amendment to City Code Chapter 6.34 regarding Tobacco and Electronic Cigarette Regulations VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT – Waters Annex Property – MV Eagan Ventures, LLC – A Comprehensive Guide Plan Amendment from MO, Major Office to MU, Mixed Use located Outlot A, Waters Annex 2nd Addition B. COMPREHENSIVE GUIDE PLAN AMENDMENT; REZONING; PRELIMINARY PLANNED DEVELOPMENT; and PRELIMINARY SUBDIVISION - Ballantrae Apartments, LLC - a Comprehensive Guide Plan Amendment from MD, Medium Density to HD, High Density Residential, a Rezoning from R-4, Residential Multiple to PD, Planned Development, a Preliminary Planned Development to allow the addition of 2 multi-family buildings with 110 dwelling units and a Preliminary Subdivision of 19.42 acres to create 3 lots located at 3800 Ballantrae Road C. AUTHORIZE Staff to Close Cascade Bay for the 2020 Season 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: May 1, 2020 Subject: Agenda Information for May 5, 2020 City Council Meeting ADOPT AGENDA After approval is given to the May 5, 2020 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 5, 2020 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 April 21, 2020 regular City Council meeting as presented or modified. Attachments: (1) CA-1 April 21, 2020 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 21, 2020 No Listening Session was held. Due to the COVID-19 outbreak, the Council has directed that regular, special and emergency meetings of the Council be conducted by telephone or other electronic means until such time as in-person meetings can resume in a practical and prudent manner. A virtual meeting of the regular Eagan City Council was held on Tuesday, April 21, 2020 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley and City Administrator Osberg, Public Works Director Matthys, Community Development Director Hutmacher, and City Attorney Dougherty. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 (Roll Call) RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as amended: Aye: 5 Nay: 0 (Roll Call) A. It was recommended to approve the April 7, 2020 regular City Council minutes, as presented or modified. B. Personnel Items: 1. It was recommended to accept the resignation of Twaune Sanders, full-time Custodian at the Eagan Community Center, and authorize the recruitment and replacement of this position. 2. It was recommended to accept the resignation of Nicholas Griffin, Utilities Maintenance Worker, and authorize the recruitment and replacement of this position. 3. It was recommended to approve the hiring of the following non-benefit eligible seasonal positions: Guest Relations Coordinator – Cascade Bay, Landscape Crew Laborers, Park Maintenance Workers, Parks Operations Assistant, Program Assistant – Eagan Community Center, Program Assistant – Parks and Recreation, Recreation Leaders – Eagan Community Center, Site Coordinator – Eagan Community Center, Street Maintenance Worker, and Utility GIS Worker. C. It was recommended to ratify the check registers dated April 3 and April 10, 2020. D. It was recommended to approve the ordinary and customary contract with Walcott Solar, LLC, Wayne and Anne Schmieg, and Susan Haight. City Council Meeting Minutes April 21, 2020 2 page E. It was recommended to approve a Pilot Resource Agreement with Panasonic to field test body worn cameras. F. It was recommended to approve an agreement with Pace Incorporated for the use of scheduling software. G. It was recommended to initiate Project 1408, Braddock Trail Driveway Safety Improvements, authorizing the public improvement process, including public engagement and the preparation of plans and specifications. H. It was recommended to approve a modification to the Conditions of Approval for the Lexington Logistics Conditional Use Permit. I. It was recommended to approve Contract 20-06, Woodhaven Park Restroom Building Construction, and award the contract to Mohs Contacting, Inc. for the amount of $263,000.00 and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve Contract 20-06, Woodhaven Park Site Improvements, and award the contract to NTK Earthworks, LLC for the amount of $710,476.85 and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to approve the final payment for Contract 15-04 (Sperry Telecommunications Tower) in the amount of $ 37,873.03 to Vinco, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. It was recommended to approve the final payment for Contract 19-12 (2019 City-Wide Sewer Lining - Sanitary Sewer Improvements) in the amount of $18,000.00 to Visu-Sewer, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. It was recommended to approve Contract 20-02 (Central Parkway Neighborhood Street Revitalization), and award the contract to Northwest Asphalt, Inc. in the amount of $1,136,197.30 and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve Contract 20-02B (Central Parkway - Street Light Improvements) and award the contract to JT Services of Minnesota in the amount of $182,505.99 and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve Contract 20-11 (2020 Well Rehabilitation Improvements), award the contract for wells 10 and 20 to Keys Well Drilling, Inc. for the base bid in the amount of $99,505.00 and for well 17 to Bergerson- Caswell for the base bid in the amount of $52,780.00, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve the plans and specifications for Contract 20-10 (Deerwood Drive Slope Stabilization) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, May 14, 2020. Q. It was recommended to approve the plans and specifications for Contract 20-03 (2020 Trail & Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, May 14, 2020. R. It was recommended to approve the plans and specifications for Contract 20-17 (Northeast Eagan - Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, May 14, 2020. S. Pulled for separate action. T. It was recommended to approve the eighth amendment to the telecommunication lease agreement with Verizon, for upgrades on the Deerwood Reservoir site and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve the Cooperative Construction Agreement No. 1036178 with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes April 21, 2020 3 page V. It was recommended to approve Change Order #19 for Project 18-06, Police Department and City Hall Renovation. W. It was recommended to approve a resolution accepting a Fire Service Planning Grant from the Minnesota State Fire Marshal’s Office. X. It was recommended to approve a resolution to temporarily suspend all on sale liquor licenses issued by the City effective March 17, 2020 and authorize a prorated refund of on sale liquor license fees. Y. It was recommended to approve a resolution to accept a donation from the Ted Billy family. Mayor Maguire pulled Consent item S. – Approve Small Cell Permit Terms and Conditions for further discussion. Public Works Director Matthys provided additional details on the item. The Council discussed the item. Mayor Maguire opened the public comment. The first call was from Dr. Shelly Recer regarding the installation of small cell antennae’s and the effect it will have on people, specifically children. The next call received was from Phil Gilman, 826 Bald Lake Court, regarding the effect 5G network will have on people with electromagnetic field (EMF) sensitivity. And, the last call received was from Susan Nelson regarding the effect 5G network will have on our environment and health. City staff, along with the City Attorney Dougherty responded to their questions. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Small Cell Permit terms and conditions to allow the application and issuance of permits for small wireless facility installations within City public right-of-way in accordance with Minnesota Statutes 237.163, Subdivision 3a. Aye: 5 Nay: 0 (Roll Call) PUBLIC HEARINGS There were no public hearings to be heard. OLD BUSINESS There were no public hearings to be heard. NEW BUSINESS There was no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. City Council Meeting Minutes April 21, 2020 4 page ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Public Works Director Matthys noted the Dakota County Transportation Department is initiating an engineering study of vehicle, bicycle and pedestrian traffic along a portion of Cliff Road (County 32) from Thomas Center Drive/Beacon Hill Road to Thomas Lake Road/Stonecliffe Drive. The study will assess various geometric and traffic control configurations, focusing on the intersections, in an effort to improve safety and traffic operations in this area. During the state of emergency due to the COVID-19 Pandemic, the County Transportation Department is hosting a two-week long “Virtual” Open House at www.dakotacounty.us, from April 23 to May 8. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:31 p.m. Aye: 4 Nay: 1 (Bakken) (Roll Call) ___________________ Date ______ Mayor _______ City Clerk Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Approve the hiring of the following seasonal, non-benefit eligible employees: Dan Erdman Landscape Crew Laborer Austin Holm Parks Laborer Conner Smith Parks Laborer Michael Fillmore Recreation Leader Brady Amundson Recreation Leader Hanna Schmitt Recreation Leader Kathryn Sheahan Recreation Leader Natalie Wilson Recreation Leader Reid McKeown Recreation Leader Ryan Olson Recreation Leader Abigail Tietjen Recreation Leader Leah Hed Recreation Leader Julia Maras Recreation Team Leader Austin Lentz Utility Maintenance Worker Douglas Rowe Utility Maintenance Worker Garrett Graham Utility Maintenance Worker Jack Fogelberg Utility Maintenance Worker Sullivan Lanoue Utility Maintenance Worker Zachary Barnick Utility Maintenance Worker Facts:  These positions are being proposed for hire at this time. In light of the pandemic emergency, a start date will be determined if and when seasonal staff services are needed. ITEM 2. Action To Be Considered: Authorize the internal transfer of Daniel Pelowski from Streets Maintenance Worker to Parks Maintenance Worker and authorize replacement of his position. Facts:  Mr. Pelowski replaces Don Buecksler, who retired on April 30, 2020. Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated April 17 and April 24, 2020, as presented. Attachments: (2) CC-1 Check register dated April 17, 2020 CC-2 Check register dated April 24, 2020 4/16/2020City of Eagan 16:40:10R55CKR2 LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212467 4/17/2020 156226 ADESIDA, ADEBISI 345.07 13980-OVRPMNT 4677 NICOLS PT 313721 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 345.07 212468 4/17/2020 100602 AIRGAS NORTH CENTRAL 98.97 CONCESSION RESALE 313722 9969542342 6609.68554/15/2020 Merchandise for Resale Concession Sales/Vending 98.97 212469 4/17/2020 151329 ALL FURNITURE 1,682.32 ALL FURNITURE, APRIL 2020 313723 45211 5045.66604/15/2020 Office Furnishings & Equipment Temporary Office/Moving Expens 200.00 ALL FURNITURE, TRAILER 313724 45210 5045.66604/15/2020 Office Furnishings & Equipment Temporary Office/Moving Expens 1,882.32 212470 4/17/2020 156229 AMELUXEN, PHILLIP 26.03 13980-OVRPMNT 865 IVYLANE 313725 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 26.03 212471 4/17/2020 156227 ANCONA TITLE AND ESCROW 151.12 13980-OVRPMNT 3902 CANTER GLEN 313726 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 151.12 212472 4/17/2020 100058 ANDERSEN INC, EARL F 515.25 SIGN MATERIALS 313727 0122868-IN 2242.62574/15/2020 Signs & Striping Material Signs-Installation & Mtn 515.25 212473 4/17/2020 156225 ANUMARLAPUDI, VENKATA RAGHURAM 23.36 13980-OVRPMNT 3479 CHESTNUT LN 313728 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 23.36 212474 4/17/2020 156228 ARONSON, ROBERTA 116.01 13980-OVRPMNT 4876 STEEPLECHAS 313729 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 116.01 212475 4/17/2020 100009 ASPEN EQUIP CO 6,129.00 NEW TRUCK 115 313730 10216099 3522.66804/15/2020 Mobile Equipment Equip Rev Fd-Dept 22 6,129.00 212476 4/17/2020 101609 ASPEN WASTE 325.17 WASTE REMOVAL 313731 S1322047-040120 6603.65694/15/2020 Maintenance Contracts Building Repair & Maint. 325.17 5/1/20 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212477 4/17/2020 156230 BAKKE, BRYAN Continued... 75.00 13980-OVRPMNT 1713 HICKORY HIL 313732 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 75.00 212478 4/17/2020 100397 BATTERIES PLUS 144.00 BATTERIES-OFFICE USE 313733 P25663470 1221.62104/15/2020 Office Supplies Administration-Fire 179.95 BATTERY FOR ATV-2 313734 P25859357 1224.62314/15/2020 Mobile Equipment Repair Parts Engineer 323.95 212479 4/17/2020 100016 BAUER BUILT 425.36 INVENTORY 313735 180259458 9001.14154/15/2020 Inventory - Parts General Fund 425.36 212480 4/17/2020 156224 BERKOWITZ, ANDREW 50.00 A.BERKOWITZ 313736 021220 3072.63204/15/2020 Instructors CDBG - Youth 150.00 A.BERKOWITZ 313736 021220 3075.63204/15/2020 Instructors CDBG - Teens 200.00 212481 4/17/2020 143108 BLOOMINGTON, CITY OF 735.00 BAC -T MARCH2020 313737 2000057 6149.63234/15/2020 Testing Services Water Sampling/Testing 735.00 212482 4/17/2020 143561 BLUE TARP FINANCIAL 124.95 OPERATING SUPPLIES 313738 0031242556 3106.62204/15/2020 Operating Supplies - General Structure Care & Maintenance 199.98 BUILDING SUPPLIES 313738 0031242556 3128.62334/15/2020 Building Repair Supplies Vehicle Maintenance 49.96 HARDWARE 313739 0031242637 3106.62334/15/2020 Building Repair Supplies Structure Care & Maintenance 35.30 REPAIR PARTS 313740 0035012922 3127.62314/15/2020 Mobile Equipment Repair Parts Equipment Maintenance/Repair 410.19 212483 4/17/2020 156231 BUELOW, JEFF 47.69 13980-OVRPMNT 4286 SUNRISE RD 313741 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 47.69 212484 4/17/2020 156238 CARLSON, DONALD 95.22 OVRPMNT 1762 NOKIA WAY 313742 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 95.22 212485 4/17/2020 128578 CDW GOVERNMENT INC. 65.27 OSBERG, CASE FOR IPAD 313743 XLP6053 0201.66604/15/2020 Office Furnishings & Equipment General & Admn-Admn 65.27 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212486 4/17/2020 133620 CENTENNIAL KIDS CLUB Continued... 225.00 REFUND TO GROUP COV19 313744 1314537 6708.43164/15/2020 Group Sales-Taxable Group 225.00 212487 4/17/2020 142846 CENTURYLINK 141.08 313745 612E12-8187409- APR20 6101.63474/15/2020 Telephone Service & Line Charg Water -Administration 141.08 212488 4/17/2020 151299 CINTAS 65.38 RUG 313746 4047669884 6146.65354/15/2020 Other Contractual Services North Plant Building 34.20-DUPLICATE INV 4017853088 313747 4017853088-DUPL ICATE 6827.65694/15/2020 Maintenance Contracts Building Maintenance 15.80-DUP PMNT INV 4017853053 313748 4017853053-DUPL ICATE 3313.65694/15/2020 Maintenance Contracts Fire Buildings 15.38 212489 4/17/2020 147895 CJ SPRAY 985.50 EQUIPMENT REPAIR PARTS 313750 3148677 3127.62314/15/2020 Mobile Equipment Repair Parts Equipment Maintenance/Repair 80.00 EQUIPMENT REPAIR LABOR 313750 3148677 3127.64264/15/2020 Small Equipment Repair-Labor Equipment Maintenance/Repair 1,065.50 212490 4/17/2020 146026 CLAUSEN, CHAD 127.74 TRAINING MEALS 313749 030620 1104.64764/15/2020 Conferences/Meetings/Training Patrolling/Traffic 127.74 212491 4/17/2020 100633 CNH ARCHITECTS 970.70 FS4 ARCH 313751 1567 9352.63214/15/2020 Architectural Services Fire Station 4 Remodel 970.70 212492 4/17/2020 142286 COMCAST 8.36 4/9/20-5/8/20 313753 877210508073668 5 6146.65354/15/2020 Other Contractual Services North Plant Building 8.36 212493 4/17/2020 153524 COMCAST 775.00 COMCAST BANDSHELL 3/15-4/14 313752 98011688 9704.65354/15/2020 Other Contractual Services Non-ETV CIP expenditures 775.00 212494 4/17/2020 150880 CORE & MAIN LP 23,460.00 HYDRANT REPAIR 313754 M142639 6144.62604/15/2020 Utility System Parts/Supplies Hydrant Maintenance/Repair 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212494 4/17/2020 150880 CORE & MAIN LP Continued... 5,180.00 COMMUNITY CENTER CHECK VALVE 313929 M143539 6439.62604/16/2020 Utility System Parts/Supplies Lift Station Maintenanc/Repair 40,375.00 STORM LIFT STATION REPAIRS 313930 L869807 6439.62604/16/2020 Utility System Parts/Supplies Lift Station Maintenanc/Repair 3,916.38 METER REPLACEMENT 313931 M098831 6161.62604/16/2020 Utility System Parts/Supplies Meter Replacement 865.96 METER REPLACEMENT 313932 M128621 6161.62604/16/2020 Utility System Parts/Supplies Meter Replacement 73,797.34 212495 4/17/2020 152916 CORNERSTONE PARKING GROUP 18,182.27 PARKING MANAGEMENT MAR 2020 313755 100064 9116.65694/15/2020 Maintenance Contracts Cedar Grove Parking Garage 212.50 CINTAS MATS WIPER TOWELS 24023 313755 100064 9116.62234/15/2020 Building/Cleaning Supplies Cedar Grove Parking Garage 212.50 CINTAS MATS WIPER TOWELS 54356 313755 100064 9116.62234/15/2020 Building/Cleaning Supplies Cedar Grove Parking Garage 803.44 ADAMS BIRD SERVICE 1766 313755 100064 9116.65354/15/2020 Other Contractual Services Cedar Grove Parking Garage 975.00 ALLIANCE SNOWMELTER REPAIR 313755 100064 9116.65354/15/2020 Other Contractual Services Cedar Grove Parking Garage 1,499.87 RELIABLE SIDEWALK DE-ICE 1/30 313755 100064 9116.65354/15/2020 Other Contractual Services Cedar Grove Parking Garage 17,083.94 RELIABLE LOT PLOW 1/17 313755 100064 9116.65354/15/2020 Other Contractual Services Cedar Grove Parking Garage 10,885.21 RELIABLE SNOW REMOVAL 1/12-16 313755 100064 9116.65354/15/2020 Other Contractual Services Cedar Grove Parking Garage 13,257.21 RELIABLE SNOW REMOVAL 2/7-16 313755 100064 9116.65354/15/2020 Other Contractual Services Cedar Grove Parking Garage 63,111.94 212496 4/17/2020 113795 CULLIGAN 447.85 SOFTNER SALT 313756 157-98473853-2- 031520 6602.62444/15/2020 Chemicals & Chemical Products Equipment Repair & Maint. 447.85 212497 4/17/2020 156265 CUTTER ICE RENTAL 586.02 ICE TIME RETURN COV19 313757 1314712 6620.43264/15/2020 Facility Rental - Taxable Ice Rental 586.02 212498 4/17/2020 100305 DAK CTY TREASURER AUDITOR 15,625.00 3,125 SA PARCELS @ 5.00 313928 SA0010-050820 9372.67194/16/2020 Project - County Records Fee Revolving SAF-Construction 15,625.00 212499 4/17/2020 110921 DAKOTA AWARDS & ENGRAVING 49.50 NAMEPLATE FOR FFAWARDS 313758 19881 1221.64754/15/2020 Miscellaneous Administration-Fire 26.00 PAR TAGS NEW HIRES 313759 21681 1225.62244/15/2020 Clothing/Personal Equipment Fire / EMS Equipment 75.50 212500 4/17/2020 130716 DAKOTA COUNTY PT & R 46.00 PLAN IT 65-140011 313760 041320-SCHMIEG 6541.63114/15/2020 Legal Capital Proj-Renew&Repl-cr1126 46.00 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212501 4/17/2020 130716 DAKOTA COUNTY PT & R Continued... 46.00 313761 041320-HAIGHT 6541.63114/15/2020 Legal Capital Proj-Renew&Repl-cr1126 46.00 212502 4/17/2020 100447 DALCO 204.04 CUSTODIAL SUPPLIES 313762 3591416 6827.62234/15/2020 Building/Cleaning Supplies Building Maintenance 94.63 CUSTODIAL SUPPLIES 313763 3592011 6827.62234/15/2020 Building/Cleaning Supplies Building Maintenance 130.56 CUSTODIAL SUPPLIES 313764 3592047 3304.62234/15/2020 Building/Cleaning Supplies Bldg/Facilities Maintenance 429.23 212503 4/17/2020 153783 DANIELS, MARJORIE 13.17 13980-OVRPMNT 4173 COUNTRYSIDE 313765 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 13.17 212504 4/17/2020 148203 DATABANK HOLDINGS LTD 1,092.72 DATABANK RENTAL-MAY 2020 313766 78492 0301.64564/15/2020 Building Rental IT-Gen & Admn 1,092.72 212505 4/17/2020 100528 DELL MARKETING L P 2,963.84 COMPUTERS 4 313767 10381605228 2010.66604/15/2020 Office Furnishings & Equipment General Engineering 740.96 PC FOR SARA PLUTA 313768 10381605260 2401.66604/15/2020 Office Furnishings & Equipment Gen/Adm-Central Services 1,481.92 PC FOR ABBY & BRIAN 313769 10381605244 2401.66604/15/2020 Office Furnishings & Equipment Gen/Adm-Central Services 1,312.60 IT EQUIPMENT 313770 10381643553 6501.66704/15/2020 Other Equipment G/A - Water Quality 1,356.96 PC FOR ANGIE & STREET MAINT 313771 10381605236 2201.66704/15/2020 Other Equipment Gen/Adm-Streets 740.96 PD EOC REPLACEMENT 313772 10381605316 1107.66604/15/2020 Office Furnishings & Equipment Support Services 509.96 PC'S & MONITORS 313776 10381643545 0801.66704/15/2020 Other Equipment General & Admn-Protective Insp 509.96 PC'S & MONITORS 313776 10381643545 0720.66704/15/2020 Other Equipment General Admin-Planning & Zonin 889.94 PC'S & MONITORS 313776 10381643545 0720.66704/15/2020 Other Equipment General Admin-Planning & Zonin 889.94 PC'S & MONITORS 313776 10381643545 0801.66704/15/2020 Other Equipment General & Admn-Protective Insp 1,848.00 PC'S & MONITORS 313776 10381643545 0801.66704/15/2020 Other Equipment General & Admn-Protective Insp 616.00 PC'S & MONITORS 313776 10381643545 0720.66704/15/2020 Other Equipment General Admin-Planning & Zonin 13,861.04 212506 4/17/2020 118917 DEPARTMENT OF LABOR AND INDUSTRY 2,354.70 BLDG PRMT 3/2020 313773 030120 9001.21954/15/2020 Due to State - Permit Surcharg General Fund 2,354.70 212507 4/17/2020 141848 DH ATHLETICS LLC 232.00 BALLFIELDS 313774 190122 3118.62514/15/2020 Athletic Field Supplies Athletic Field Mtn/Setup 155.00 TENNIS COURTS 313774 190122 3124.62524/15/2020 Parks & Play Area Supplies Court Maintenance/Set-up 387.00 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212507 4/17/2020 141848 DH ATHLETICS LLC Continued... 212508 4/17/2020 156176 DIGIQUATICS 990.04 SCHEDULING SOFTWARE 313775 1614 6716.65694/15/2020 Maintenance Contracts General Administration 990.04 212509 4/17/2020 156240 DOIRON, DONNA 69.56 13980-OVRPMNT 3465 TRAILS END 313777 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 69.56 212510 4/17/2020 156239 DOP, BRYAN 50.00 13980-OVRPMNT4315 CLEMSON CIR 313778 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 50.00 212511 4/17/2020 101697 EAGAN CONVENTION & VISITORS BUREAU 53,551.32 FEB LODGING TAX 313779 0220 9001.22104/15/2020 Due to Convention Bureau General Fund 1,423.82-COMM CENTER - OFFICE RENTAL 313779 0220 6801.46214/15/2020 Building Rent General & Administrative 20.00-MONTHLY PHONE MAINT 313779 0220 6801.63474/15/2020 Telephone Service & Line Charg General & Administrative 1,137.52-DUE FROM ECVB 313779 0220 9337.1386.14/15/2020 Due from ECVB Community Investment 329.14-INTEREST ON NOTE - ECVB 313779 0220 9337.4613.44/15/2020 Int on IR-ECVB Community Investment 50,640.84 212512 4/17/2020 100387 EAGAN GENERAL REPAIR 37.50 MAGNETIC MH LIFTER (PARTIAL)313780 28520 6501.62404/15/2020 Small Tools G/A - Water Quality 37.50 212513 4/17/2020 156241 ELDER, MARGARET 140.60 13980-OVRPMNT 4750 BEACON HILL 313781 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 140.60 212514 4/17/2020 142034 ELECTRIC PUMP 816.63 STORM STATION REPAIRS 313782 0067817-IN 6439.64324/15/2020 Utility System Repair-Labor Lift Station Maintenanc/Repair 816.63 212515 4/17/2020 101006 EMERGENCY AUTO TECHNOLOGIES 175.62 VECH. 109 313783 DL040120-20 9001.14154/15/2020 Inventory - Parts General Fund 123.22 CODED BY MECH 313784 DL033020-20 3511.66804/15/2020 Mobile Equipment Equip Rev Fd-Dept 11 976.00 PO REPAIR ID 313785 DL030320-23 3511.66804/15/2020 Mobile Equipment Equip Rev Fd-Dept 11 1,274.84 212516 4/17/2020 156266 FARRIS, DANIEL 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212516 4/17/2020 156266 FARRIS, DANIEL Continued... 1,276.29 TEAM REFUND COVI19 313795 041320 6614.43114/15/2020 Park Program Rev (Taxable)Adult Hockey League 1,276.29 212517 4/17/2020 100437 FILTRATION SYSTEMS INC 6,263.88 NTP FILTER HVAC 313786 96630 6146.62334/15/2020 Building Repair Supplies North Plant Building 6,263.88 212518 4/17/2020 149712 FIRESHAPES 6,667.00 PUBLIC ARTCIP SOUTHPLANT 313787 2020 2852.67624/15/2020 Special Features/Furnishings General Park Site Improvmts 6,667.00 212519 4/17/2020 156242 FISHER, GARY 39.78 13980-OVRPMNT 647 WATERVIEW CO 313788 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 39.78 212520 4/17/2020 143971 FLEETPRIDE 42.55 VEH. 1210 313789 49187614 9001.14154/15/2020 Inventory - Parts General Fund 204.60 PPE SAFETY GLOVES 313790 49633521 6239.62224/15/2020 Medical/Rescue/Safety Supplies Lift Station Maintenanc/Repair 247.15 212521 4/17/2020 100157 FORCE AMERICA INC 43.12 WO 172 313791 001-1430656 9001.14154/15/2020 Inventory - Parts General Fund 43.12 212522 4/17/2020 147955 GALLS LLC 546.32 UNIFORM DORUMSGAARD 313801 015416649 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 153.55 UNIFORM MACHTEMES 313802 015435650 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 68.29 UNIFORM THUL 313803 015443141 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 204.87 UNIFORM RYAN 313804 015443142 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 341.45 UNIFORM ANSELMENT 313805 015443143 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 136.58 UNIFORM CANEFF.313806 015443144 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 478.03 UNIFORM WEGNER 313807 015443145 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 546.32 UNIFORM SYVERTSEN 313808 015443146 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 341.45 UNIFORM JORGENSON 313809 015443147 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 546.32 UNIFORM LETOURNEAU 313810 015443148 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 546.32 UNIFORM ELENZ 313811 015443149 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 64.00 UNIFORM SWANSON 313812 015443151 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 201.90 UNIFORM MASON 313813 015445009 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 93.45 UNIFORM BELT KEEPERS 313814 015445188 1104.62244/15/2020 Clothing/Personal Equipment Patrolling/Traffic 4,268.85 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212522 4/17/2020 147955 GALLS LLC Continued... 212523 4/17/2020 156243 GARNER, ANDREW 50.00 13980-OVRPMNT 3220 EVERGREEN D 313792 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 50.00 212524 4/17/2020 100529 GASTFIELD MAINTENANCE PLUS, BOB 285.00 ART HOUSE CLEANING 313793 033120-ART HOUSE 3304.62334/15/2020 Building Repair Supplies Bldg/Facilities Maintenance 285.00 212525 4/17/2020 142158 GENERAL OFFICE PRODUCTS COMPANY 22.00 GOP, FURNITURE STORAGE 313815 460498 5045.66604/15/2020 Office Furnishings & Equipment Temporary Office/Moving Expens 480.00 GOP, FURNITURE STORAGE 313816 460500 5045.66604/15/2020 Office Furnishings & Equipment Temporary Office/Moving Expens 502.00 212526 4/17/2020 143013 GLOBAL CLOSING AND TITLE SERVICES 75.00 13980-OVRPMNT 1686 OAKBROOKE C 313794 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 75.00 212527 4/17/2020 107536 GOVCONNECTION, INC 17.22 WIRELESS TAG BATTERIES 313796 57614548 0301.62104/15/2020 Office Supplies IT-Gen & Admn 17.22 212528 4/17/2020 152667 GRACENOTE MEDIA SERVICES LLC 412.00 ELECTRONIC PROGRAMMING GUIDE 313797 9747043324 9701.63104/15/2020 Professional Services-General PEG-eligible 412.00 212529 4/17/2020 100990 GRAINGER 100.60 PLUMBING PARTS 313798 9494429989 6827.62334/15/2020 Building Repair Supplies Building Maintenance 1,188.36 WELL PRE-LUBE VALVES AND HVAC 313799 9493362801 6148.62604/15/2020 Utility System Parts/Supplies North Well Field 1,288.96 212530 4/17/2020 156244 HAMRE, RYAN 25.96 13980-OVRPMNT 4466 WOODGATE PT 313800 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 25.96 212531 4/17/2020 100084 HANCO 195.60 INVENTORY-DAN 313817 512378 9001.14154/15/2020 Inventory - Parts General Fund 195.60 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212532 4/17/2020 100085 HARDWARE HANK Continued... 2.14 HARDWARE 313818 1894602 3127.62204/15/2020 Operating Supplies - General Equipment Maintenance/Repair 8.98 CLIPBOARD HOOKS 313819 1894941 1221.62104/15/2020 Office Supplies Administration-Fire 11.12 212533 4/17/2020 100064 HAWKINS WATER TRTMNT GROUP INC 395.80 BLEACH FOR SANITIZER 313820 4692032 2254.62224/15/2020 Medical/Rescue/Safety Supplies Emergency management 395.80 212534 4/17/2020 100267 HAYES ELECTRIC 288.00 TRAPP SHELTER LIGHT 313821 4415 3109.64314/15/2020 Park Facility Repair-Labor Lighting Maintenance 10.84 TRAPP SHELTER LIGHT 313821 4415 3109.62394/15/2020 Park Facility Repair Parts Lighting Maintenance 2,151.44 SKY ELECTRICAL 313822 4417 2809.67564/15/2020 Building & Structures Skyhill Park 2,450.28 212535 4/17/2020 138631 HEALTHEAST MEDICAL TRANSPORTATION 88.40 BLOOD DRAW 313823 20-13753 9115.63104/15/2020 Professional Services-General DWI Forfeiture 88.40 212536 4/17/2020 100082 HEALTHPARTNERS 1,784.10 DENTAL ADMIN - MAY 313824 96557681 9594.61614/15/2020 Dental self-insurance admin fe Dental Self-insurance 1,784.10 212537 4/17/2020 156245 HERRERA, SCOTT 131.53 13980-OVRPMNT 4464 WOODGATE PT 313825 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 131.53 212538 4/17/2020 138185 HIRSHFIELDS DECORATING CENTERS 461.95 PAINT FOR ARENA 313826 37144980 6603.62334/15/2020 Building Repair Supplies Building Repair & Maint. 461.95 212539 4/17/2020 101708 HONSA LIGHTING SALES & SVC. INC. 179.43 GOAT LED UPGRADE 313827 91530 3109.66204/15/2020 Buildings Lighting Maintenance 179.43 212540 4/17/2020 100089 HOSE CONVEYORS INC 52.13-AIR HOSE 313828 00085930 6435.62404/15/2020 Small Tools Storm Pond Maintn/Inspection 516.71 AIR HOSE 313829 00085929 6435.62404/15/2020 Small Tools Storm Pond Maintn/Inspection 464.58 212541 4/17/2020 153837 ICE SPORTS INDUSTRY 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212541 4/17/2020 153837 ICE SPORTS INDUSTRY Continued... 27.00 BADGES FOR SKATE SCHOOL 313830 31942 6611.62204/15/2020 Operating Supplies - General Learn To Skate 27.00 212542 4/17/2020 156246 IMGRUND, STEVEN 30.52 13980-OVRPMNT 4320 ORION LANE 313831 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 30.52 212543 4/17/2020 143243 IMPACT PROVEN SOLUTIONS 1,683.91 UTILITY BILL PRINT/MAIL - APR 313832 146722 6101.65354/15/2020 Other Contractual Services Water -Administration 1,683.92 UTILITY BILL PRINT/MAIL - APR 313832 146722 6201.65354/15/2020 Other Contractual Services San Sewer-Administration 3,367.83 212544 4/17/2020 156248 JOHNSON, GARY 106.59 13980-OVRPMNT 4853 WELLINGTON 313833 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 106.59 212545 4/17/2020 156247 JUNAK, KAREN 75.65 13980-OVRPMNT 823 WESCOTT SQ 313834 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 75.65 212546 4/17/2020 156249 KATZMARK, DEBORAH 50.00 13980-OVRPMNT 4186 S MEADOWLAR 313835 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 50.00 212547 4/17/2020 156250 KETTERLING, GREG 123.82 13980-OVRPMNT 688 SUMMER LN 313836 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 123.82 212548 4/17/2020 149654 KIESLERS POLICE SUPPLY 615.99 EOTECH SIGHT 313837 IN131428 1104.62264/15/2020 Public Safety Supplies Patrolling/Traffic 510.56 AMMO-PD 313838 IN131861 1104.62284/15/2020 Ammunition Patrolling/Traffic 1,126.55 212549 4/17/2020 156252 LAWSON, MATTHEW 34.06 13980-OVRPMNT 1776 GABBRO TR 313839 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 34.06 212550 4/17/2020 100691 LEAGUE OF MINN CITIES 125.00 2020MCMA - OSBERG 313840 315353 0201.64774/15/2020 Local Meeting Expenses General & Admn-Admn 20.00 TRAINING FEES 313841 320553 1104.64764/15/2020 Conferences/Meetings/Training Patrolling/Traffic 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212550 4/17/2020 100691 LEAGUE OF MINN CITIES Continued... 145.00 212551 4/17/2020 148166 LIFEWORKS U.S. INC. 1,671.42 EAP 4/1/20-6/30/20 313842 114077 1001.63194/15/2020 Medical Services - Other General/Admn-Human Resources 1,671.42 212552 4/17/2020 102070 LITKE, TOM 44,000.00 R&RCMF VEH STORAGE PAINTING 313843 832943 3624.66204/15/2020 Buildings Facilities R&R Fd-Mtn Facility 44,000.00 212553 4/17/2020 156251 LOCHNER, BREANNA 41.53 13980-OVRPMNT 1725 HICKORY HIL 313844 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 41.53 212554 4/17/2020 102154 LOE'S OIL CO 15.00 WASTE 313845 83595 2401.65394/15/2020 Waste Removal/Sanitation Servi Gen/Adm-Central Services 15.00 212555 4/17/2020 100111 LOGIS 31.25 NETWORK SRVCS SUPPORT 313846 48528 0301.63504/15/2020 LOGIS IT Services IT-Gen & Admn 65,823.00 LOGIS SOFT MAINT 313847 48563 0301.63504/15/2020 LOGIS IT Services IT-Gen & Admn 360.00 VPN TOKENS 313848 48614 0316.62104/15/2020 Office Supplies Emergency management 281.92 DOMAIN NAME RENEWALS 313848 48614 0301.65694/15/2020 Maintenance Contracts IT-Gen & Admn 326.34 INTERNET FEES 313848 48614 0301.63504/15/2020 LOGIS IT Services IT-Gen & Admn 1,600.00 PD MOBILE LICENSE 313848 48614 1104.63494/15/2020 Teleprocessing Equipment Patrolling/Traffic 6,150.00 PHONE REPLACEMENTS 313848 48614 3503.66604/15/2020 Office Furnishings & Equipment Equip Rev Fd-Dept 03 74,572.51 212556 4/17/2020 156253 LOPEZ, MYRTICE 33.00 13980-OVRPMNT 3817 LAUREL CT 313849 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 33.00 212557 4/17/2020 100118 MARKS TOWING 264.00 313850 538689 3128.64254/15/2020 Mobile Equipment Repair Labor Vehicle Maintenance 264.00 VEHICLE REPAIR LABOR 313851 538694 3128.64254/15/2020 Mobile Equipment Repair Labor Vehicle Maintenance 528.00 212558 4/17/2020 156254 MAY, DAVID 35.67 13980-OVRPMNT 1769 GABBRO TR 313852 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 35.67 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212558 4/17/2020 156254 MAY, DAVID Continued... 212559 4/17/2020 156257 MCKEOWN, WILLIAM 82.08 13980-OVRPMNT 4235 HEINE STRAS 313853 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 82.08 212560 4/17/2020 156256 MICHAEL, AMY 36.02 13980-OVRPMNT 3926 THAMES AVE 313854 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 36.02 212561 4/17/2020 156255 MILLER, CHRISTOPHER 13.98 13980-OVRPMNT 2136 CLIFFVIEW D 313855 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 13.98 212562 4/17/2020 128574 MINNESOTA CHEMICAL CO. 717.00 CLEANING CHEMICAL 313856 480333 6602.62444/15/2020 Chemicals & Chemical Products Equipment Repair & Maint. 717.00 212563 4/17/2020 100664 MN CHILD SUPPORT 661.05 PAYROLL ENDING 4/11/20 313934 GARNISHMENT 4/11/20 9592.20304/17/2020 Ded Pay - Garnishments Benefit Accrual 354.86 PAYROLL ENDING 4/11/20 313935 GARNISHMENT 4/11/20-1 9592.20304/17/2020 Ded Pay - Garnishments Benefit Accrual 238.57 PAYROLL ENDING 4/11/20 313936 GARNISHMENT 4/11/20-2 9592.20304/17/2020 Ded Pay - Garnishments Benefit Accrual 297.64 PAYROLL ENDING 4/11/20 313937 GARNISHMENT 4/11/20-3 9592.20304/17/2020 Ded Pay - Garnishments Benefit Accrual 1,552.12 212564 4/17/2020 120087 MN ENERGY RESOURCES CORP 299.54 FIRE SAFETY CENTER 313857 0507084666-0000 1-APR20 3313.64104/15/2020 Natural Gas Service Fire Buildings 1,746.98 SOUTH TREATMENT PLANT 313858 0503582559-0000 1-APR20 6154.64104/15/2020 Natural Gas Service South Plant Building 87.47 ART HOUSE 313859 0506085756-0000 1-APR20 3106.64104/15/2020 Natural Gas Service Structure Care & Maintenance 2,133.99 212565 4/17/2020 120715 MN OCCUPATIONAL HEALTH 530.00 FIRE PHYSICALS 313860 339408 1221.63184/15/2020 Medical Services - Physical Ex Administration-Fire 405.75 FIRE PHYSICALS 313861 339646 1221.63184/15/2020 Medical Services - Physical Ex Administration-Fire 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212565 4/17/2020 120715 MN OCCUPATIONAL HEALTH Continued... 935.75 212566 4/17/2020 145327 MNSPECT LLC 54,600.00 313862 8277 0801.63104/15/2020 Professional Services-General General & Admn-Protective Insp 54,600.00 212567 4/17/2020 100146 MTI DISTR CO 963.89 INVENTORY DAN 313863 1249775-00 9001.14154/15/2020 Inventory - Parts General Fund 963.89 212568 4/17/2020 100714 MULTIHOUSING CREDIT CONTROL 36.00 BACKGROUND CHECKS 313864 20030035 1101.63104/15/2020 Professional Services-General General/Admn-Police 36.00 212569 4/17/2020 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 4/11/20 313938 041120 9592.20374/17/2020 Ded Payable-Teamsters DRIVE Benefit Accrual 2.00 212570 4/17/2020 145653 NAVICO 825.00 BIOBASE SUBSCRIPTION SERVICE 313865 145971 6501.64794/15/2020 Dues and Subscriptions G/A - Water Quality 825.00 212571 4/17/2020 156258 NICOLAY, DONNA 29.05 13980-OVRPMNT 2060 CORAL LANE 313866 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 29.05 212572 4/17/2020 101324 NORTHLAND BUSINESS SYSTEMS 3,559.24 PD SOFTWARE MAINT 313867 IN98681 0301.65694/15/2020 Maintenance Contracts IT-Gen & Admn 3,559.24 212573 4/17/2020 143383 OERTEL ARCHITECTS 4,283.75 DESTALLPLAYDESIGNOERTEL 313868 19-38.5 2811.67514/15/2020 Design & Engineering (External Woodhaven Park 4,283.75 212574 4/17/2020 122435 OFFICE DEPOT (R) 80.55 TISSUE COFFEE 313869 474328062001 9695.62104/15/2020 Office Supplies Dakota Co Drug Task Force 80.55 212575 4/17/2020 154939 OPENDOOR LABS INC 9.99 13980-OVRPMNT 3805 LAUREL CT 313870 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212575 4/17/2020 154939 OPENDOOR LABS INC Continued... 9.99 212576 4/17/2020 100653 PARADISE CAR WASH 83.70 SQUAD CAR WASHES 313871 1004-040120-POL ICE 1104.63544/15/2020 Car Washes Patrolling/Traffic 83.70 212577 4/17/2020 100653 PARADISE CAR WASH 13.95 CAR WASHES 313872 1004-040120-FIR E 1221.63544/15/2020 Car Washes Administration-Fire 13.95 212578 4/17/2020 151166 PARTNERS TITLE 47.19 13980-OVRPMNT 4437 SLATER RD 313873 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 47.19 212579 4/17/2020 113173 PERFORMANCE KENNELS, INC. 21.38 K9 EQUIPMENT 313874 3052 1104.66704/15/2020 Other Equipment Patrolling/Traffic 21.38 212580 4/17/2020 146738 PIRTEK BURNSVILLE 106.28 INVENTORY 313875 BU-T00000955 9001.14154/15/2020 Inventory - Parts General Fund 106.28 212581 4/17/2020 146842 PREMIER LIGHTING INC. 25,475.10 LED LIGHTS - IMPROVEMENTS 313876 48439 6603.66304/15/2020 Other Improvements Building Repair & Maint. 25,475.10 212582 4/17/2020 100569 PREMIUM WATERS INC 68.85 WATER SYSTEM 313877 317455158 1105.64754/15/2020 Miscellaneous Investigation/Crime Prevention 68.85 212583 4/17/2020 140752 PROFESSIONAL SERVICE INDUSTRIES INC. 240.00 FS4 OUTSIDE TESTING 313878 00991218 9352.67134/15/2020 Project - Outside Engineering Fire Station 4 Remodel 240.00 212584 4/17/2020 100166 PUMP & METER SERV 389.03 PER BRIAN 313879 31974-1 2401.62344/15/2020 Field/Other Equipment Repair Gen/Adm-Central Services 389.03 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212585 4/17/2020 122718 QUALITY FORKLIFT SALES & SERVICE INC.Continued... 172.79 PER BRIAN 313880 U55389 3511.66804/15/2020 Mobile Equipment Equip Rev Fd-Dept 11 172.79 212586 4/17/2020 143557 RANDSTAD (R) 1,410.00 ADMIN ASSIST 3/29-4/4/20 313881 R26725876 9695.65614/15/2020 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,410.00 212587 4/17/2020 156259 RAUSCH, ROBERT 5.43 13980-OVRPMNT 4313 BEAR PATH T 313882 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 5.43 212588 4/17/2020 144434 ROADKILL ANIMAL CONTROL 60.00 DEER PICK UP DISPOSAL 313883 033120 2271.62554/15/2020 Street Repair Supplies Boulevard/Ditch Mtn 60.00 212589 4/17/2020 139237 SAFARILAND LLC (R) 1,287.70 NIK TEST E U 313884 1010-254348 9695.62204/15/2020 Operating Supplies - General Dakota Co Drug Task Force 1,287.70 212590 4/17/2020 100898 SCHOEPPNER,DALE 65.00 LICENSE FEE 313885 040120 0801.64804/15/2020 Licenses, Permits and Taxes General & Admn-Protective Insp 65.00 212591 4/17/2020 100187 SEH 5,457.01 DESIGN & BID THRU 3/28/20 313886 384197 8347.67134/15/2020 Project - Outside Engineering P 1347 Federal Dr sidewalk ext 5,457.01 DESIGN & BID THRU 3/28/20 313886 384197 8351.67134/15/2020 Project - Outside Engineering P 1351 2019 Streetl ight impro 5,457.01 DESIGN & BID THRU 3/28/20 313886 384197 8354.67134/15/2020 Project - Outside Engineering P1354 Central Pkwy/Quarry Rd i 5,457.04 DESIGN & BID THRU 3/28/20 313886 384197 8366.67134/15/2020 Project - Outside Engineering P1366 Central Pkwy 19,956.90 DESIGN & BIDDING THRU 3/28/20 313887 384193 6238.67134/15/2020 Project - Outside Engineering Sewer Main Maintenance 3,098.30 CONSULT SVCS LTG DESIGN 313888 384194 8351.67124/15/2020 Project - Engineering P 1351 2019 Streetl ight impro 44,883.27 212592 4/17/2020 154799 SHERBARTH-LYNCH, SANDRA 948.00 PICKLEBALL CONTRACT 313889 022720 6810.62274/15/2020 Recreation Equipment/Supplies Gymnasium 948.00 212593 4/17/2020 109851 SOFTWARE HOUSE INTERNATIONAL INC. 10,472.90 MDM MAINTENANCE RENEWAL 313890 B11572131 0301.65694/15/2020 Maintenance Contracts IT-Gen & Admn 10,472.90 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212594 4/17/2020 107313 SOLAR SHIELD Continued... 399.99 NEW SQUAD ITEMS 313891 49143 3511.66804/15/2020 Mobile Equipment Equip Rev Fd-Dept 11 399.99 212595 4/17/2020 156260 SONNEK, ADRIANNA 13.05 13980-OVRPMNT 4625 LENORE LN 313892 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 13.05 212596 4/17/2020 148036 SPOK INC. 4.58 PAGER 313893 D0318109P 3301.63514/15/2020 Pager Service Fees General Management 4.58 212597 4/17/2020 153856 ST PAUL PIONEER PRESS 936.97 MARCH LEGAL NOTICES 313894 00320570105 0401.63594/15/2020 Legal Notice Publication General & Admn-City Clerk 936.97 212598 4/17/2020 100326 ST PAUL, CITY OF 480.00 TRAINING FEES 313895 IN40248 1104.64764/15/2020 Conferences/Meetings/Training Patrolling/Traffic 480.00 212599 4/17/2020 156261 STRANIK, ANN 56.68 13980-OVRPMNT 1706 OAKBROOKE 313896 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 56.68 212600 4/17/2020 100107 THYSSENKRUPP ELEVATOR 133.33 ELEVATOR INSPECTION 313897 3005160318 6146.65354/15/2020 Other Contractual Services North Plant Building 133.33 212601 4/17/2020 107864 TILLEY, MEG 253.20 REIMB EXP NLC CONF 313933 112419-1 0101.64764/16/2020 Conferences/Meetings/Training Legislative/Policy Development 253.20 212602 4/17/2020 152169 TITLE ONE INC 150.27 13980-OVRPMNT 704SUMMER LN 313898 720 9220.22504/15/2020 Escrow Deposits Public Utilities 150.27 212603 4/17/2020 148858 TOP NOTCH 400.00 DRAIN CLEANING 313899 202281 3313.65354/15/2020 Other Contractual Services Fire Buildings 532.50 DRAIN CLEANING 313900 202357 3313.65354/15/2020 Other Contractual Services Fire Buildings 932.50 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212604 4/17/2020 151307 TRADEMARK TITLE SERVICES Continued... 43.37 13980-OVRPMNT 4339 FOX RIDGE C 313901 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 43.37 212605 4/17/2020 100223 TRI STATE BOBCAT 165.00 EQUIP RENTAL 313902 R29962 3106.64574/15/2020 Machinery & Equipment-Rental Structure Care & Maintenance 165.00 212606 4/17/2020 120163 ULINE INC. 127.51 JUGS FOR SANITIZER 313903 118509600 2254.62224/15/2020 Medical/Rescue/Safety Supplies Emergency management 104.58 JUGS FOR SANITIZER 313904 118413717 2254.62224/15/2020 Medical/Rescue/Safety Supplies Emergency management 232.09 212607 4/17/2020 100236 VAN PAPER 76.95 BUILDING SUPPLIES 313905 535139-00 6603.62234/15/2020 Building/Cleaning Supplies Building Repair & Maint. 12.73 CLEANING SUPPLIES 313906 534952-01 3106.62234/15/2020 Building/Cleaning Supplies Structure Care & Maintenance 82.75 CLEANING SUPPLIES 313907 535280-00 3106.62234/15/2020 Building/Cleaning Supplies Structure Care & Maintenance 443.76 CLEANING SUPPLIES 313908 535498-00 3106.62234/15/2020 Building/Cleaning Supplies Structure Care & Maintenance 616.19 212608 4/17/2020 100912 VERIZON WIRELESS, BELLEVUE 50.02 DETECTIVE ROUTER 313909 9851551064 1105.63554/15/2020 Cellular Telephone Service Investigation/Crime Prevention 50.02 212609 4/17/2020 100237 VIKING ELECTRIC 513.50 FLAG POLE LIGHTS 313910 S003509627.002 3104.62344/15/2020 Field/Other Equipment Repair Site Amenity Installation 8.71 FLAG POLE LIGHTS 313911 S003509627.001 3104.62344/15/2020 Field/Other Equipment Repair Site Amenity Installation 522.21 212610 4/17/2020 156263 WALL, JORDAN 157.68 13980-OVRPMNT 1218 CARLSON LK 313912 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 157.68 212611 4/17/2020 154538 WATERMARK TITLE AGENCY 100.00 13980-OVRPMNT 1775 TACONITE TR 313913 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 100.00 212612 4/17/2020 141852 WENCK ASSOCIATES INC. 6,971.10 ENGINEERING SERVICES 313914 12001965 6542.6712 P13264/15/2020 Project - Engineering Capital Proj-WQ dedictn-cr1127 836.25 ENGINEERING SERVICES 313915 12002192 6542.6712 P12424/15/2020 Project - Engineering Capital Proj-WQ dedictn-cr1127 836.25 ENGINEERING SERVICES 313915 12002192 6542.6712 P14014/15/2020 Project - Engineering Capital Proj-WQ dedictn-cr1127 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212612 4/17/2020 141852 WENCK ASSOCIATES INC.Continued... 836.25 ENGINEERING SERVICES 313915 12002192 6542.6712 P14004/15/2020 Project - Engineering Capital Proj-WQ dedictn-cr1127 836.24 ENGINEERING SERVICES 313915 12002192 6542.6712 P14034/15/2020 Project - Engineering Capital Proj-WQ dedictn-cr1127 10,316.09 212613 4/17/2020 156262 WILLIAMS, PATRICIA 7.70 13980-OVRPMNT 1876 RUBY CT N 313916 040720 9220.22504/15/2020 Escrow Deposits Public Utilities 7.70 212614 4/17/2020 113476 WISCONSIN SUPPORT COLLECTIONS TRUST FUND 363.81 PAYROLL ENDING 4/11/20 313939 GARNISHMENT 4/11/20 9592.20304/17/2020 Ded Pay - Garnishments Benefit Accrual 363.81 212615 4/17/2020 121046 WNAV INC. 32,932.18 R&R 2020 - A/V OAKS 313917 20750 6834.66304/15/2020 Other Improvements Capital Replacement 32,932.18 212616 4/17/2020 101755 XCEL ENERGY 189.50 VIKINGS PKWY CONTROLLER Q 313918 51-0011994568-4 -032720 6301.64064/15/2020 Electricity-Street Lights Street Lighting 189.50 212617 4/17/2020 101755 XCEL ENERGY 159.95 VIKINGS PKWY CONTROLLER P 313919 51-0011993854-9 -032720 6301.64064/15/2020 Electricity-Street Lights Street Lighting 159.95 212618 4/17/2020 101755 XCEL ENERGY 2,835.28 STREET LIGHTS 313920 51-6563390-9040 320 6301.64064/15/2020 Electricity-Street Lights Street Lighting 2,835.28 212619 4/17/2020 101755 XCEL ENERGY 1,560.31 BURR OAKS LIFT STATION 313921 51-00110130794- 032620 6439.64084/15/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 1,560.31 212620 4/17/2020 101755 XCEL ENERGY 10.92 MONUMENTS LIGHTING 313922 51-0010165807-6 -032420 6301.64064/15/2020 Electricity-Street Lights Street Lighting 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212620 4/17/2020 101755 XCEL ENERGY Continued... 10.92 212621 4/17/2020 101755 XCEL ENERGY 405.24 CENTRAL PKWY STREET LITES 313923 51-6563390-9-03 2520 6301.64064/15/2020 Electricity-Street Lights Street Lighting 405.24 212622 4/17/2020 101755 XCEL ENERGY 157.11 CEDAR GROVE BLVD STREET LITES 313924 51-0280165-0-03 2420 6301.64064/15/2020 Electricity-Street Lights Street Lighting 157.11 212623 4/17/2020 101755 XCEL ENERGY 158.05 CEDAR GROVE PKWY STREET LITES 313925 51-0010060024-7 -032420 6301.64064/15/2020 Electricity-Street Lights Street Lighting 158.05 212624 4/17/2020 101755 XCEL ENERGY 244.75 ELEC CABINET-NICOLS RD 313926 51-0010197923-4 -032420 6301.64064/15/2020 Electricity-Street Lights Street Lighting 244.75 212625 4/17/2020 100247 ZIEGLER INC 1,759.23 GENERATOR 313927 SW050339158 3304.65694/15/2020 Maintenance Contracts Bldg/Facilities Maintenance 1,759.23 20200136 4/17/2020 100249 FIT 127,065.52 PAYROLL ENDING 4/11/20 313949 041720 9880.20114/17/2020 Ded Payable - FIT Payroll 127,065.52 20200137 4/17/2020 100250 COMMISIONER OF REVENUE-PAYROLL 36,537.39 PAYROLL ENDING 4/11/20 313950 041720 9880.20124/17/2020 Ded Payable - SIT Payroll 36,537.39 20200138 4/17/2020 100252 FICA 31,639.53 PAYROLL ENDING 4/11/20 313951 041720 9880.20144/17/2020 Ded Payable - FICA Payroll 31,639.53 20200139 4/17/2020 100253 MEDICARE 12,813.61 PAYROLL ENDING 4/11/20 313952 041720 9880.20154/17/2020 Ded Payable - Medicare Payroll 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20200139 4/17/2020 100253 MEDICARE Continued... 12,813.61 20200303 4/17/2020 150536 MONEY MOVERS INC. 69.00 FEBRUARY 2020 313954 127045 6807.43214/17/2020 Memberships-Taxable Fitness Center 69.00 20200315 4/17/2020 100693 EAGAN PAYROLL ACCT 796,137.47 PAYROLL ENDING 4/11/20 313948 041620 9001.11154/17/2020 Claim on Cash General Fund 115.94 PAYROLL ENDING 4/11/20 313948 041620 9111.11154/17/2020 Claim on Cash Tree mitigation 11,657.57 PAYROLL ENDING 4/11/20 313948 041620 9197.11154/17/2020 Claim on Cash ETV 83,680.60 PAYROLL ENDING 4/11/20 313948 041620 9220.11154/17/2020 Claim on Cash Public Utilities 12,546.86 PAYROLL ENDING 4/11/20 313948 041620 9221.11154/17/2020 Claim on Cash Civic Arena 4,209.58 PAYROLL ENDING 4/11/20 313948 041620 9222.11154/17/2020 Claim on Cash Cascade Bay 22,786.80 PAYROLL ENDING 4/11/20 313948 041620 9223.11154/17/2020 Claim on Cash Central Park/Community Center 37,993.80 PAYROLL ENDING 4/11/20 313948 041620 9592.11154/17/2020 Claim on Cash Benefit Accrual 44,026.13 PAYROLL ENDING 4/11/20 313948 041620 9592.61444/17/2020 FICA Benefit Accrual 1,013,154.75 20200414 4/17/2020 150536 MONEY MOVERS INC. 63.00 MARCH 2020 313940 127902 6807.43214/17/2020 Memberships-Taxable Fitness Center 63.00 20200415 4/17/2020 138388 VANCO SERVICES LLC 227.96 MARCH 2020 313941 00010501300 6101.65354/17/2020 Other Contractual Services Water -Administration 227.96 20202507 4/17/2020 115374 MN STATE RETIREMENT SYSTEM-HCSP 28,599.99 EMPLOYEE CONTRIBUTIONS 313942 041720 9592.20344/17/2020 Ded Payable-HCSP Benefit Accrual 28,599.99 20203207 4/17/2020 138969 MN STATE RETIREMENT SYSTEM-MNDCP 15,223.54 EMPLOYEE CONTRIBUTIONS 313943 041720 9592.20324/17/2020 Ded Pay - Great West Def Comp Benefit Accrual 15,223.54 20204207 4/17/2020 100892 ICMA RETIREMENT TRUST 42,375.63 EMPLOYEE CONTRIBUTIONS 313944 041720 9592.20314/17/2020 Ded Pay - ICMA Benefit Accrual 42,375.63 20205203 4/17/2020 100283 BERKLEY ADMINISTRATORS 107,500.00 WC ACCOUNT TRANSFER 313945 041420 9593.16504/17/2020 Worker's Comp Advance to DCA Workers' Compensation Self-In 4/16/2020City of Eagan 16:40:10R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 4/17/20204/13/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20205203 4/17/2020 100283 BERKLEY ADMINISTRATORS Continued... 107,500.00 20205615 4/17/2020 147907 SELECT ACCOUNT 6,032.11 FLEX REIMBURSEMENT 313946 041620 9592.22154/17/2020 Flex Plan Withholding Payable Benefit Accrual 6,032.11 20208008 4/17/2020 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PERIOD 3/29/20-4/11/20 313953 434600-041720 9592.61464/17/2020 PERA - DCP Benefit Accrual 83,263.90 PAYROLL PERIOD 3/29/20-4/11/20 313953 434600-041720 9592.20134/17/2020 Ded Payable - PERA Benefit Accrual 71,269.60 PAYROLL PERIOD 3/29/20-4/11/20 313953 434600-041720 9592.61434/17/2020 PERA - Police Benefit Accrual 41,162.07 PAYROLL PERIOD 3/29/20-4/11/20 313953 434600-041720 9592.61424/17/2020 PERA - Coordinated Benefit Accrual 195,772.53 20208514 4/17/2020 151185 HEALTHPARTNERS INC 75.19 DENTAL CLAIMS REIMBURSEMENT 313947 041320 9594.61584/17/2020 Dental Insurance Dental Self-insurance 75.19 2,223,929.39 Grand Total Payment Instrument Totals Checks 2,223,929.39 Total Payments 2,223,929.39 4/16/2020City of Eagan 16:40:16R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/17/20204/13/2020 - Company Amount 1,024,854.8209001GENERAL FUND 115.9409111Tree mitigation 88.4009115DWI Forfeiture 63,111.9409116CEDAR GROVE PARKING GARAGE 12,844.5709197ETV 213,861.5409220PUBLIC UTILITIES 42,039.1609221CIVIC ARENA 5,424.6209222CASCADE BAY 55,720.2309223CENTRAL PARK /COMMUNITY CENTER 13,102.1909328PARK SYS DEV AND R&R 13,951.0009335EQUIPMENT REVOLVING 44,000.0009336GENERAL FACILITIES RENEW & REP 1,466.66-09337 COMMUNITY INVESTMENT 1,210.7009352Fire Station 4 Remodel 2,384.3209353POLICE & CITY HALL REMODEL 40,551.3709372REVOLVING SAF-CONSTRUCTION 371,941.6609592BENEFIT ACCRUAL 107,500.0009593WORKERS' COMPENSATION SELF-INS 1,859.2909594Dental Self-insurance 2,778.2509695DAK CO DRUG TASK FORCE 208,056.0509880PAYROLL Report Totals 2,223,929.39 4/23/2020City of Eagan 15:59:53R55CKR2 LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212626 4/24/2020 119450 ACE TRAILER SALES 6,484.00 TRAILER REPLACEMENT ID 30009 314069 22321 3201.66704/22/2020 Other Equipment Administrative/General 6,484.00 212627 4/24/2020 119218 ALLENS SERVICE INC. (R) 176.00 20-SH-8310 DODGE TOW 314070 220482 9695.65384/22/2020 Towing Charges Dakota Co Drug Task Force 176.00 20-SH-8310 FORD TOW 314071 220483 9695.65384/22/2020 Towing Charges Dakota Co Drug Task Force 255.00 19-IG-3038 MERCEDES TOW 314072 224717 9695.65384/22/2020 Towing Charges Dakota Co Drug Task Force 607.00 212628 4/24/2020 100360 APPLE FORD LINCOLN APPLE VALLEY 91.37 INVENTORY 314224 488424 9001.14154/23/2020 Inventory - Parts General Fund 250.88 INVENTORY 314225 488348 9001.14154/23/2020 Inventory - Parts General Fund 342.25 212629 4/24/2020 101609 ASPEN WASTE 103.31 WASTE 314073 S1366341-040120 3313.65394/22/2020 Waste Removal/Sanitation Servi Fire Buildings 103.31 212630 4/24/2020 100010 ASTLEFORD EQUIP CO INC 433.89 WO 258 314226 T430233 9001.14154/23/2020 Inventory - Parts General Fund 433.89 212631 4/24/2020 102400 ATHLETICA, INC. 776.60 REPAIR SUPPLIES-DASHER BOARD 314074 412365 6602.62304/22/2020 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 39.00 REPAIR SUPPLIES- BENCHES 314075 412304 6602.62304/22/2020 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 815.60 212632 4/24/2020 100487 BARR ENGINEERING CO 2,859.50 PERMIT PREPARATION & REPORT 314076 23191433.00-1 9376.6713 P14044/22/2020 Project - Outside Engineering Combined Utility Trunk Fund 2,859.50 212633 4/24/2020 148777 BLACK & VEATCH CORPORATION 22,367.50 STORM MODELING 314077 :1318708 6406.63104/22/2020 Professional Services-General Preparation/ Research/ Writing 22,367.50 212634 4/24/2020 121444 BLUE CROSS AND BLUE SHIELD OF MINNESOTA 70,533.50 MEDICAL INS PREMIUMS - MAY 314227 200402443842 9592.20174/23/2020 Ded Payable-Insurance BCBS Benefit Accrual 388,999.76 MEDICAL INS PREMIUMS - MAY 314227 200402443842 9592.61514/23/2020 Health Insurance Benefit Accrual 459,533.26 5/1/20 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212635 4/24/2020 143561 BLUE TARP FINANCIAL Continued... 29.98 HARDWARE 314078 0033064973 3201.62204/22/2020 Operating Supplies - General Administrative/General 29.98 212636 4/24/2020 131767 BOLTON & MENK INC. 652.00 CONST FIELD SERV 1/25-4/3/20 314079 0248849 8311.67134/22/2020 Project - Outside Engineering P 1311 Donald Avenue 619.00 CONST FIELD SERV 1/25-4/3/20 314080 0248850 8310.67134/22/2020 Project - Outside Engineering P 1310 Surry Heights Drive 1,015.00 BOLTENMENKBRIDLEPARKINGDESIGN 314081 0248846 2846.67514/22/2020 Design & Engineering (External Bridle Ridge Park 2,286.00 212637 4/24/2020 100022 BOYER TRUCK PARTS 301.76 VEH 121 314082 29715D 9001.14154/22/2020 Inventory - Parts General Fund 301.76 212638 4/24/2020 100024 BRAUN INTERTEC 1,339.50 BRAUN INTERTEC, TESTING 314083 B208765 5043.63104/22/2020 Professional Services-General Phase 2-City Hall 1,339.50 212639 4/24/2020 156264 BRITTON, STANLEY 200.00 EAB COST SHARE 314084 2020 EAB-ASH TREE REMOVAL 3209.68604/22/2020 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 200.00 212640 4/24/2020 156279 BUCKEYE CLEANING CENTERS 260.15 HAND SANITIZER 314085 902080441 2254.62224/22/2020 Medical/Rescue/Safety Supplies Emergency management 260.15 212641 4/24/2020 142923 BUREAU OF CRIMINAL APPREHENSION 630.00 CDJN ACCESS FEE 314086 00000598539 1104.63494/22/2020 Teleprocessing Equipment Patrolling/Traffic 630.00 212642 4/24/2020 100030 CARGILL INC-SALT DIVISION 22,654.33 ROAD SALT 314087 2905369773 2240.62564/22/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 18,204.33 ROAD SALT 314088 2905373889 2240.62564/22/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 12,294.79 314089 2905373819 2240.62564/22/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 3,706.57 ROAD SALT 314090 2905376200 2240.62564/22/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 3,280.45 ROAD SALT 314228 2905378907 2240.62564/23/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 3,216.73 ROAD SALT 314229 2905378923 2240.62564/23/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 63,357.20 212643 4/24/2020 151299 CINTAS 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212643 4/24/2020 151299 CINTAS Continued... 40.13 RUGS 314091 4047669829 3316.65694/22/2020 Maintenance Contracts Police 66.58 RUGS 314092 4047669873 3314.65694/22/2020 Maintenance Contracts Central Maintenance 29.66 RUGS 314093 4047669896 3315.65694/22/2020 Maintenance Contracts City Hall 10.34 RUGS 314094 4048233077 3313.65694/22/2020 Maintenance Contracts Fire Buildings 33.55 RUGS 314275 4048233076 3315.65694/23/2020 Maintenance Contracts City Hall 35.87 RUGS 314276 4048233103 6827.65694/23/2020 Maintenance Contracts Building Maintenance 216.13 212644 4/24/2020 142286 COMCAST 53.80 MONTHLY DUES 4/18-5/17/20 314095 877210508072454 1-040820 6603.63474/22/2020 Telephone Service & Line Charg Building Repair & Maint. 53.80 212645 4/24/2020 150880 CORE & MAIN LP 2,847.15-SALES TAX ON INV M048124 314096 M048124A 6144.66304/22/2020 Other Improvements Hydrant Maintenance/Repair 3,720.00 METER REPLACEMENT 314097 M112242 6161.62604/22/2020 Utility System Parts/Supplies Meter Replacement 2,400.48 METER TAILPIECES 314098 M172053 6161.62604/22/2020 Utility System Parts/Supplies Meter Replacement 3,273.33 212646 4/24/2020 144270 COVERTTRACK GROUP INC. (R) 152.00 STEALTH IV BATTERY REPLACE 314099 37938 9695.62204/22/2020 Operating Supplies - General Dakota Co Drug Task Force 152.00 212647 4/24/2020 113795 CULLIGAN 149.00 SOFTENER SALT 314272 157-98563612-3- 031520 3304.62444/23/2020 Chemicals & Chemical Products Bldg/Facilities Maintenance 149.00 212648 4/24/2020 133868 DAKOTA COUNTY FINANCIAL SERVICES 647,612.66 CONST COSTS REIMB COUNTY 314100 00038074 8284.67104/22/2020 Project - Contract P1284 CSAH 28/Yankee Doodle Rd 111,958.85 ENG COSTS REIMB COUNTY 314100 00038074 8284.67124/22/2020 Project - Engineering P1284 CSAH 28/Yankee Doodle Rd 56,353.60 RW COSTS REIMB COUNTY 314100 00038074 8284.67174/22/2020 Project - Right-of-Way and Eas P1284 CSAH 28/Yankee Doodle Rd 2,668.74 4Q TRAFF SIGNAL ELEC REIMB 314101 00038061 6301.64074/22/2020 Electricity-Signal Lights Street Lighting 14,287.29 CONSTRUCTION COST REIMB TO COU 314102 00038073 8290.67104/22/2020 Project - Contract P1290 Lexington Ave & Storm 2,729.61 PD RADIO FEES 314230 00038045 1108.65694/23/2020 Maintenance Contracts Communications 2,029.71 PD RADIO FEES 314230 00038045 1221.65354/23/2020 Other Contractual Services Administration-Fire 837,640.46 212649 4/24/2020 100050 DAKOTA ELECTRIC 22.02 OLD TOWN HALL 313955 100749-1-MAR20 3304.64054/24/2020 Electricity Bldg/Facilities Maintenance 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212649 4/24/2020 100050 DAKOTA ELECTRIC Continued... 68.58 CARLSON LAKE SAN 313956 102339-9-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 66.42 SOUTHERN HILLS TOWER 313957 103460-2-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 4,343.91 FIRE SAFETY CENTER 313958 108247-8-MAR20 3313.64054/24/2020 Electricity Fire Buildings 1,853.13 PUBLIC WORKS GARAGE 313959 110986-7-MAR20 3304.64054/24/2020 Electricity Bldg/Facilities Maintenance 133.02 YANKEE DOODLE WATER TANK RSVR 313960 112682-0-MAR20 6146.64094/24/2020 Electricity-Wells/Booster Stat North Plant Building 282.41 LONE OAK SAN 313961 112832-1-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 1,898.06 WELL #1 313962 112885-9-MAR20 6146.64094/24/2020 Electricity-Wells/Booster Stat North Plant Building 603.73 CARLSON LAKE STORM 313963 122797-4-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 148.16 WELL #2 313964 124865-7-MAR20 6146.64094/24/2020 Electricity-Wells/Booster Stat North Plant Building 2,117.87 MUNICIPAL CENTER 313965 127189-9-MAR20 3304.64054/24/2020 Electricity Bldg/Facilities Maintenance 37.03 BLACKHAWK COVE SAN 313966 127325-9-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 97.96 RAHN PARK 313967 132778-2-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 316.56 LEXINGTON STORM STATION 313968 133789-8-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 21.67 ZOO METER 313969 136873-7-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 12,523.27 WELL #4/TREATMENT PLANT 313970 137781-1-MAR20 6146.64094/24/2020 Electricity-Wells/Booster Stat North Plant Building 772.93 LODGEPOLE CT SECURITY LITES 313971 138267-0-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 548.35 CLIFF BOOSTER STATION 313972 139958-3-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 174.27 LEXINGTON BOOSTER STATION 313973 143222-8-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 212.82 FIRE STATION 3 313974 146053-4-MAR20 3313.64054/24/2020 Electricity Fire Buildings 199.66 OAK CHASE STORM 313975 146920-4-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 16.25 COVINGTON STORM 313976 149810-4-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 5.15 CIVIL DEFENSE SIREN 313977 155062-3-MAR20 1106.64054/24/2020 Electricity Emergency preparedness 5.15 CIVIL DEFENSE SIREN 313978 155063-1-MAR20 1106.64054/24/2020 Electricity Emergency preparedness 5.15 CIVIL DEFENSE SIREN 313979 155064-9-MAR20 1106.64054/24/2020 Electricity Emergency preparedness 26.82 SAFARI RESERVOIR 313980 159673-3-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 537.96 HURLEY STORM 313981 159822-6-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 316.04 SCHWANZ STORM 313982 160898-3-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 35.94 LONE OAK/35 SIGNALS 313983 162414-7-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 20.22 OAK CLIFF STORM 313984 165267-6-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 264.85 NORTHVIEW PARK 313985 167128-8-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 32.58 35/E CLIFF SIGNALS 313986 167845-7-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 30.42 35/E CLIFF SIGNALS 313987 167846-5-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 33.54 35E/PILOT KNOB SIGNALS 313988 167849-9-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 38.46 35E/PILOT KNOB SIGNALS 313989 167850-7-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 41.34 35E/YANKEE DOODLE SIGNALS 313990 167851-5-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 28.02 RAHN PARK 313991 169262-3-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 325.65 GOAT HILL PARK HOCKEY RINK 313992 170635-7-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 148.95 GOAT HILL PARK BASEBALL FIELD 313993 170636-5-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 139.61 BLUE CROSS PARK 313994 177546-9-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212649 4/24/2020 100050 DAKOTA ELECTRIC Continued... 494.66 YANKEE STORM 313995 180516-7-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 211.62 WELL #8 & #9 313996 187147-4-MAR20 6146.64094/24/2020 Electricity-Wells/Booster Stat North Plant Building 42.90 BLACKHAWK/CLIFF SIGNALS 313997 187873-5-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 311.83 COUNTRY HOLLOW SAN 313998 19310-1-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 396.08 COUNTRY HOLLOW STORM 313999 193575-8-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 582.08 FIRE STATION 4 314000 195895-8-MAR20 3313.64054/24/2020 Electricity Fire Buildings 224.43 WELL #10 314001 196322-2-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 79.01 THOMAS LAKE STORM 314002 196919-5-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 3,947.04 WELL #11 314003 197761-0-MAR20 6146.64094/24/2020 Electricity-Wells/Booster Stat North Plant Building 52.74 MURPHY SAN 314004 198484-8-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 49.39 CLIFF & CLIFF LAKE RD SIGNALS 314005 198522-5-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 42.90 CLIFF LAKE RD SIGNAL LIGHT 314006 198523-3-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 3,029.94 WELL #13 314007 200399-4-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 244.37 WELL #12 314008 200417-4-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 2,892.98 WELL #14 314009 200823-3-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 236.42 WELL #15 314010 200922-3-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 4,755.71 SOUTH TREATMENT PLANT 314011 201358-9-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 103.73 BLACKHAWK PAVILLION 314012 211088-0-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 14.82 BLACKHAWK PARK AERATOR 314013 211089-8-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 15.29 WEST GROUP NORTH 314014 212539-1-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 2,876.05 POLICE STATION 314015 217026-4-MAR20 3304.64054/24/2020 Electricity Bldg/Facilities Maintenance 6,044.11 CIVIC ICE ARENA 314016 220593-8-MAR20 6601.64054/24/2020 Electricity General/Administrative-Arena 49.03 DENMARK/TWN CNTR SIGNALS 314017 224458-0-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 5.15 CIVIL DEFENSE SIREN 314018 224623-9-MAR20 1106.64054/24/2020 Electricity Emergency preparedness 5.15 CIVIL DEFENSE SIREN 314019 224624-7-MAR20 1106.64054/24/2020 Electricity Emergency preparedness 5.15 CIVIL DEFENSE SIREN 314020 224625-4-MAR20 1106.64054/24/2020 Electricity Emergency preparedness 188.27 WELL #18 314021 224626-2-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 199.25 DEERWOOD RESERVOIR 314022 224893-8-MAR20 6154.64094/24/2020 Electricity-Wells/Booster Stat South Plant Building 88.14 YANKEE/WASHINGTON STREET LITES 314023 226048-7-MAR20 6301.64064/24/2020 Electricity-Street Lights Street Lighting 99.66 YANKEE/35E STREET LITES 314024 226049-5-MAR20 6301.64064/24/2020 Electricity-Street Lights Street Lighting 178.73 YANKEE/DENMARK STREET LITES 314025 226050-3-MAR20 6301.64064/24/2020 Electricity-Street Lights Street Lighting 144.89 YANKEE/PROMENADE STREET LITES 314026 226051-1-MAR20 6301.64064/24/2020 Electricity-Street Lights Street Lighting 112.74 NORTHWD/PROMENADE STREET LITES 314027 226052-9-MAR20 6301.64064/24/2020 Electricity-Street Lights Street Lighting 636.94 AQUATIC ADMIN BLDG 314028 256881-4-MAR20 6719.64054/24/2020 Electricity Building Maintenance 346.04 AQUATIC PARKING LOT LIGHT 314029 263297-4-MAR20 6719.64054/24/2020 Electricity Building Maintenance 154.76 AQUATIC MECH BLDG 314030 272182-7-MAR20 6719.64054/24/2020 Electricity Building Maintenance 868.23 AQUATIC CHANGE FACILITY 314031 272183-5-MAR20 6719.64054/24/2020 Electricity Building Maintenance 14.82 WEST GROUP SOUTH 314032 300763-0-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 42.18 CLUBVIEW/LEXINGTON SIGNALS 314033 313124-0-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212649 4/24/2020 100050 DAKOTA ELECTRIC Continued... 41.82 LEX/N ARMSTRONG BLVD SISGNALS 314034 313127-3-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 667.73 GENERATOR 314035 326096-5-MAR20 3304.64054/24/2020 Electricity Bldg/Facilities Maintenance 131.57 THOMAS LAKE PARK 314036 348080-3-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 14.82 THRESHER PARK 314037 349188-3-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 25.98 DUCKWOOD/TOWN CNTR SIGNALS 314038 357166-1-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 83.46 1960 CLIFF LAKE RD AERATOR 314039 412466-5-MAR20 6520.64054/24/2020 Electricity Basin Mgmt-Aeration 15.07 DEERWOOD/35E SPDSIGN 314040 417173-2-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 19.26 THRESHER PARK BLDG 314041 427290-2-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 280.60 SHERMAN CT BRIDGE LITES 314042 440715-1-MAR20 6301.64064/24/2020 Electricity-Street Lights Street Lighting 14.82 IRRIGATIOIN MEDIAN LANDSCAPING 314043 452288-4-MAR20 2271.64054/24/2020 Electricity Boulevard/Ditch Mtn 88.97 RAHN/DIFFLEY RD #LIGHTS 314044 453294-1-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 15.18 4237 DANIEL DRIVE #SIGN 314045 456815-0-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 15.07 4266 DANIEL DRIVE #SIGN 314046 456817-6-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 3,323.37 CIVIC ICE ARENA 314047 463323-6-MAR20 6601.64054/24/2020 Electricity General/Administrative-Arena 136.02 FEDERAL DRIVE STREET LITES 314048 483732-4-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 38.93 DEERWOOD/PILOT KNOB SIGNALS 314049 509475-0-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 217.50 DE SWITCH/COMM BLDG 314050 529232-1-MAR20 6147.64084/24/2020 Electricity-Lift Stations North Plant Production 653.52 EAGAN SWITCH/COMM BLDG 314051 529233-9-MAR20 6147.64084/24/2020 Electricity-Lift Stations North Plant Production 255.94 CAMPUS GENERATOR/TRANSFORMER 314052 529234-7-MAR20 6147.64084/24/2020 Electricity-Lift Stations North Plant Production 393.46 DENMARK LIFT STATION 314053 532128-6-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 503.16 WITHAM LANE LIFT STATION 314054 545622-3-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 44.92 PROMENADE DR #SIGNALS 314055 549208-7-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 1,547.80 WELL #3 314056 555257-5-MAR20 6146.64094/24/2020 Electricity-Wells/Booster Stat North Plant Building 469.93 BRINE/SALT STORAGE 314057 555450-6-MAR20 3304.64054/24/2020 Electricity Bldg/Facilities Maintenance 438.37 UTILITY BUILDING 314058 555451-4-MAR20 6146.64054/24/2020 Electricity North Plant Building 47.88 BLACKHAWK PARK AERATOR 314059 557042-9-MAR20 6520.64054/24/2020 Electricity Basin Mgmt-Aeration 31.81 WIDGEON WAY 314060 571231-0-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 380.61 CENTRAL MAINTENANCE FACILITY 314061 1001469-2-MAR20 3304.64054/24/2020 Electricity Bldg/Facilities Maintenance 40.05 3619 ASHBURY RD 314062 1001528-4-MAR20 6239.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 139.29 BORCHERT LANE #LIGHTS 314063 1002491-2-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 16.26 CLIFF LAKE RD RRFB 314064 1002786-8-MAR20 6301.64064/24/2020 Electricity-Street Lights Street Lighting 57.92 TH 77/CO RD 32 SGNLS-2250 CLIF 314065 1002801-1-MAR20 6301.64074/24/2020 Electricity-Signal Lights Street Lighting 61.12 YANKEE DOODLE STREET LITE CONT 314066 1002973-3-MAR20 6301.64064/24/2020 Electricity-Street Lights Street Lighting 232.10 TRAPP FARM PARK 314067 1003514-9-MAR20 3106.64054/24/2020 Electricity Structure Care & Maintenance 2,150.12 APOLLO STORM 314068 003721-6-MAR20 6439.64084/24/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 70,875.59 212650 4/24/2020 100447 DALCO 69.15 CUSTODIAL SUPPLIES 314103 3595100 3304.62234/22/2020 Building/Cleaning Supplies Bldg/Facilities Maintenance 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212650 4/24/2020 100447 DALCO Continued... 277.83 CUSTODIAL SUPPLIES 314104 3595818 6827.62234/22/2020 Building/Cleaning Supplies Building Maintenance 39.52 CUSTODIAL SUPPLIES 314274 3576116-6827.62234/23/2020 Building/Cleaning Supplies Building Maintenance 386.50 212651 4/24/2020 100528 DELL MARKETING L P 10,577.90 EDIT SUITE REPLACEMENT 314105 10379084011 9701.66404/22/2020 Machinery/Equipment PEG-eligible 10,577.90 212652 4/24/2020 108122 DESIGNWRITE STUDIO'S, INC. 594.00 WEB MAINT. MARCH2020 314106 6314 0901.63104/22/2020 Professional Services-General Gen & Admin-Communications 594.00 212653 4/24/2020 101693 DICK'S SANITATION SERVICE INC. 61.10 COMPOST 314107 DT0003241549 3313.65394/22/2020 Waste Removal/Sanitation Servi Fire Buildings 63.38 ORGANICS 314273 DT0003237564 3304.65394/23/2020 Waste Removal/Sanitation Servi Bldg/Facilities Maintenance 61.16 WASTE REMOVAL 314273 DT0003237564 6603.65394/23/2020 Waste Removal/Sanitation Servi Building Repair & Maint. 185.64 212654 4/24/2020 152988 DOG WASTE DEPOT 256.98 CLEANING SUPPLIES 314108 333891 3106.62334/22/2020 Building Repair Supplies Structure Care & Maintenance 256.98 212655 4/24/2020 100387 EAGAN GENERAL REPAIR 75.00 HANDRAIL REPAIR 314109 28550 6827.65354/22/2020 Other Contractual Services Building Maintenance 75.00 212656 4/24/2020 142034 ELECTRIC PUMP 121.63 BLACKHAWK SERVICE 314231 0067907-IN 6239.64324/23/2020 Utility System Repair-Labor Lift Station Maintenanc/Repair 7,318.63 LABOR TO REPLACE CHECK VALVES 314232 0067928-IN 6439.64324/23/2020 Utility System Repair-Labor Lift Station Maintenanc/Repair 1,027.61 BISCAYNE LABOR TO REPLACE STAR 314233 0067919-IN 6239.64324/23/2020 Utility System Repair-Labor Lift Station Maintenanc/Repair 8,467.87 212657 4/24/2020 153600 ELEVATION COATING LLC 11,197.50 LEXDIF RES REPAINT - FINAL PAY 314110 041520 6129.6630 P13424/22/2020 Other Improvements Reservior Maintenance/Repair 12,212.45 FINAL PAYMENT 314111 041520-1 6129.6630 P13014/22/2020 Other Improvements Reservior Maintenance/Repair 23,409.95 212658 4/24/2020 100451 FASTENAL COMPANY 176.18 SPRAY PAINT FOR NTP HSP 314112 MNTC1244302 6146.62334/22/2020 Building Repair Supplies North Plant Building 176.18 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212658 4/24/2020 100451 FASTENAL COMPANY Continued... 212659 4/24/2020 143971 FLEETPRIDE 13.61 VWH. 142 314113 49409798 9001.14154/22/2020 Inventory - Parts General Fund 38.23 VEH 142 314114 49429344 9001.14154/22/2020 Inventory - Parts General Fund 920.21 WO 126 314234 49815672 9001.14154/23/2020 Inventory - Parts General Fund 27.98 VEH. 146 314235 49873289 9001.14154/23/2020 Inventory - Parts General Fund 27.32 TRL 30007 314236 49937938 9001.14154/23/2020 Inventory - Parts General Fund 11.45 TRL 30005 314237 49988221 9001.14154/23/2020 Inventory - Parts General Fund 1,038.80 212660 4/24/2020 111768 FRONTIER COMMUNICATIONS OF MN 57.61 BISCAYNE AVE SAN LIFT STAITON 314115 02231244-S-2010 1-MAY20 6239.63524/22/2020 Telephone Circuits Lift Station Maintenanc/Repair 57.61 212661 4/24/2020 100578 GENUINE PARTS COMPANY 2,089.08 BRIAN 314270 14302615-033120 9001.14154/23/2020 Inventory - Parts General Fund 435.24 PART 314270 14302615-033120 2401.62344/23/2020 Field/Other Equipment Repair Gen/Adm-Central Services 509.55 PART 314270 14302615-033120 1224.62354/23/2020 Fuel, Lubricants, Additives Engineer 372.55 PART 314270 14302615-033120 2244.62314/23/2020 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 25.12 PART 314270 14302615-033120 1104.62314/23/2020 Mobile Equipment Repair Parts Patrolling/Traffic 509.48 PART 314270 14302615-033120 2401.62314/23/2020 Mobile Equipment Repair Parts Gen/Adm-Central Services 85.94 PART 314270 14302615-033120 2254.62224/23/2020 Medical/Rescue/Safety Supplies Emergency management 28.22 PART 314270 14302615-033120 2401.62414/23/2020 Shop Materials Gen/Adm-Central Services 98.15 PPE 314270 14302615-033120 2254.62224/23/2020 Medical/Rescue/Safety Supplies Emergency management 317.65 PART 314270 14302615-033120 6155.62604/23/2020 Utility System Parts/Supplies South Plant Production 3.69 PART 314270 14302615-033120 6146.62604/23/2020 Utility System Parts/Supplies North Plant Building 10.01 PART 314270 14302615-033120 3511.66804/23/2020 Mobile Equipment Equip Rev Fd-Dept 11 4,484.68 212662 4/24/2020 100465 GERTEN GREENHOUSES 36.60 MARKING PAINT 314116 5874 /12 3117.62574/22/2020 Signs & Striping Material Irrigation System Mtn/Install 36.60 212663 4/24/2020 100990 GRAINGER 435.44 EMERGECY LIGHT REPLACE 314117 9504277535 6603.62334/22/2020 Building Repair Supplies Building Repair & Maint. 435.44 212664 4/24/2020 156278 GREAT WATERS FINANCIAL 195.00 REFUND DUE TO COVID-19 314118 1315276 3001.22504/22/2020 Escrow Deposits General/Admn-Recreation 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212664 4/24/2020 156278 GREAT WATERS FINANCIAL Continued... 195.00 212665 4/24/2020 142862 GREATER MSP 25,000.00 2020 ANNUAL INVESTMENT 314238 INV-0241 0720.64794/23/2020 Dues and Subscriptions General Admin-Planning & Zonin 25,000.00 212666 4/24/2020 156274 HARDGROVE, IAN F 1,948.13 SANITARY LS BACKUP - CLEANUP 314123 MN120-0131-WTR 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 1,948.13 212667 4/24/2020 100085 HARDWARE HANK 14.69 OAK WILT MGMT SUPPLIES 314119 1894445 3201.62204/22/2020 Operating Supplies - General Administrative/General 47.54 FUSES WELL 1 AND CAULK FOR 314120 1895657 6156.62334/22/2020 Building Repair Supplies South Well Field 29.97 NTP PAINT 314121 1894778 6146.62334/22/2020 Building Repair Supplies North Plant Building 28.38 MISC REPAIR SUPPLIES 314122 1895746 1225.62344/22/2020 Field/Other Equipment Repair Fire / EMS Equipment 120.58 212668 4/24/2020 143766 HASTINGS COMMUNITY ED 225.00 GROUP RETURN COV19 314124 1314985 6708.43164/22/2020 Group Sales-Taxable Group 225.00 212669 4/24/2020 113918 HILLYARD 5,734.08 GYM FLOOR RE-FINISH 314125 603836198 6827.65354/22/2020 Other Contractual Services Building Maintenance 5,734.08 212670 4/24/2020 138185 HIRSHFIELDS DECORATING CENTERS 655.95 BUILDING REPAIR SUPPLIES 314239 37145563 6603.62334/23/2020 Building Repair Supplies Building Repair & Maint. 655.95 212671 4/24/2020 100297 HOLIDAY COMMERCIAL 11.78 CAR WASHES 314126 1400-006-317-66 9-040820 1221.63544/22/2020 Car Washes Administration-Fire 11.78 212672 4/24/2020 145242 HOLTZ, DWAYNE 23.00 LICENSE RENEWAL 314136 041320 6201.64804/22/2020 Licenses, Permits and Taxes San Sewer-Administration 23.00 212673 4/24/2020 156277 HURLEY, KARI 845.00 REFUND DUE TO COVID-19 314127 1315275 3001.22504/22/2020 Escrow Deposits General/Admn-Recreation 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212673 4/24/2020 156277 HURLEY, KARI Continued... 845.00 212674 4/24/2020 146543 INTERSTATE ALL BATTERY CENTER 650.00 UPS BATTERIES 314128 1911701004840 6239.62604/22/2020 Utility System Parts/Supplies Lift Station Maintenanc/Repair 840.00 ISCO BATTERIES 314128 1911701004840 6244.62604/22/2020 Utility System Parts/Supplies Sewer System Meterng/Monitorng 231.00 SENSUS RADIO BATTERIES 314128 1911701004840 6162.62604/22/2020 Utility System Parts/Supplies Meter Reading 1,721.00 212675 4/24/2020 156284 JEFF WYLER COLUMBUS INC 38,886.00 TRUCK 203 REPLACEMENT 314240 56010767 6201.66804/23/2020 Mobile Equipment San Sewer-Administration 850.00 TRUCK REPLACEMENT 203 314277 1730776-042220 6201.66804/23/2020 Mobile Equipment San Sewer-Administration 39,736.00 212676 4/24/2020 149654 KIESLERS POLICE SUPPLY 470.00 CARBINE LIGHTS 314241 IN132278 1104.62264/23/2020 Public Safety Supplies Patrolling/Traffic 40.00 CARBINE PART 314242 IN132028 1104.62264/23/2020 Public Safety Supplies Patrolling/Traffic 510.00 212677 4/24/2020 100644 LANGUAGE LINE SERVICES 177.76 LANGUAGE LINE-MARCH 2020 314243 4793736 1104.63104/23/2020 Professional Services-General Patrolling/Traffic 177.76 212678 4/24/2020 156273 LAWLESS, GINGER 44.50 ACTIVITY REFUND 314129 1315434 3001.22504/22/2020 Escrow Deposits General/Admn-Recreation 44.50 212679 4/24/2020 100691 LEAGUE OF MINN CITIES 10.00 TRAINING FEES-ANSELMENT 314248 320904 1104.64764/23/2020 Conferences/Meetings/Training Patrolling/Traffic 10.00 TRAINING FEES-B. JOHNSON 314249 320957 1104.64764/23/2020 Conferences/Meetings/Training Patrolling/Traffic 10.00 TRAINING FEES-WEGNER 314250 320956 1104.64764/23/2020 Conferences/Meetings/Training Patrolling/Traffic 30.00 212680 4/24/2020 100118 MARKS TOWING 75.00 VEH 501 314130 539515 9001.14154/22/2020 Inventory - Parts General Fund 350.00 ZAMBONI TO VENDOR FOR REPAIR 314131 539438 6602.65354/22/2020 Other Contractual Services Equipment Repair & Maint. 425.00 212681 4/24/2020 100571 MENARDS-APPLE VALLEY 60.24 MAILBOX REPAIR 314132 77855 2240.62564/22/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 220.38 MAILBOX REPAIR 314133 77530 2240.62564/22/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212681 4/24/2020 100571 MENARDS-APPLE VALLEY Continued... 39.06 314134 77635 2240.62564/22/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 319.68 212682 4/24/2020 151095 MENARDS-BURNSVILLE 83.36 TRAPP CHAIR RAIL 314135 24247 3106.62334/22/2020 Building Repair Supplies Structure Care & Maintenance 83.36 212683 4/24/2020 100710 METRO COUNCIL ENVIRONMENTAL SVCS 496,257.12 WASTEWATER - MAY SERVICES 314244 0001108356 6201.65754/23/2020 MCES Disposal Charges San Sewer-Administration 496,257.12 212684 4/24/2020 120087 MN ENERGY RESOURCES CORP 265.31 HEATED VEHICLE STORAGE 314137 0502896570-0000 8-APR20 3304.64104/22/2020 Natural Gas Service Bldg/Facilities Maintenance 1,217.55 PUBLIC WORKS GARAGE 314138 0505182087-0000 1-APR20 3304.64104/22/2020 Natural Gas Service Bldg/Facilities Maintenance 312.71 FIRE STATION 4 314139 0502992371-0000 1-APR20 3313.64104/22/2020 Natural Gas Service Fire Buildings 66.15 QUARRY PARK 314140 0507516709-0000 1-APR20 3106.64104/22/2020 Natural Gas Service Structure Care & Maintenance 49.93 TIMBERLINE PUMPHOUSE 314141 0502341685-0000 1-APR20 6146.64104/22/2020 Natural Gas Service North Plant Building 106.46 PUMPHOUSE 2 314142 0503993940-0000 1-APR20 6146.64104/22/2020 Natural Gas Service North Plant Building 9.50 CENTRAL PARK PAVILLION 314143 0506640339-0000 1-APR20 3106.64104/22/2020 Natural Gas Service Structure Care & Maintenance 304.14 VEHICLE WASH 314144 0505460873-0000 4-APR20 3304.64104/22/2020 Natural Gas Service Bldg/Facilities Maintenance 272.30 OUTLETS PARKWAY COMMONS 314145 0504332209-0000 1-APR20 9116.64104/22/2020 Natural Gas Service Cedar Grove Parking Garage 45.23 OUTLETS PARKWAY 314146 0507382197-0000 1-APR20 9116.64054/22/2020 Electricity Cedar Grove Parking Garage 94.46 BRIDLE RIDGE PARK 314147 0502896570-0000 6-APR20 3106.64104/22/2020 Natural Gas Service Structure Care & Maintenance 842.16 FIRE STATION 1 314148 0502896570-0000 4-APR20 3313.64104/22/2020 Natural Gas Service Fire Buildings 1,851.03 CIVIC ICE ARENA 314149 0504859971-0000 1-APR20 6601.64104/22/2020 Natural Gas Service General/Administrative-Arena 2,266.77 CITY HALL 314150 0507679172-0000 1-APR20 3304.64104/22/2020 Natural Gas Service Bldg/Facilities Maintenance 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212684 4/24/2020 120087 MN ENERGY RESOURCES CORP Continued... 32.96 OLD TOWN HALL 314151 0504848982-0000 1-APR20 3304.64104/22/2020 Natural Gas Service Bldg/Facilities Maintenance 118.97 SKYHILL PARK 314152 0505890818-0000 1-APR20 3106.64104/22/2020 Natural Gas Service Structure Care & Maintenance 66.32 GOAT HILL PARK 314153 0502896570-0000 1-APR20 3106.64104/22/2020 Natural Gas Service Structure Care & Maintenance 59.50 MOONSHINE 314245 0506119075-0000 1-APR20 3106.64104/23/2020 Natural Gas Service Structure Care & Maintenance 15.91-MOONSHINE 314246 0506119075-0000 1-MAR20 3106.64104/23/2020 Natural Gas Service Structure Care & Maintenance 31.95 CASCADE BAY 314251 0506263442-0000 2-MARAPR20 6715.64104/23/2020 Natural Gas Service Cascade Utilities 7,997.49 212685 4/24/2020 156281 MN FIRE & SECURITY INC 60.00 FIRE SUPPRESSION PERMIT 314247 160838 0801.40964/23/2020 Fire Suppression Permits General & Admn-Protective Insp 1.56 314247 160838 9001.21954/23/2020 Due to State - Permit Surcharg General Fund 61.56 212686 4/24/2020 143015 MPCA 124.54 MPCA PERMIT-2020 314154 10000097048 3304.64804/22/2020 Licenses, Permits and Taxes Bldg/Facilities Maintenance 25.00 PERMIT RENEWAL-2020 314155 10000097047 6146.64804/22/2020 Licenses, Permits and Taxes North Plant Building 149.54 212687 4/24/2020 100146 MTI DISTR CO 279.96 MTI BIN 314156 1250311-00 9001.14154/22/2020 Inventory - Parts General Fund 56.69 MTI BIN 314157 1250311-02 9001.14154/22/2020 Inventory - Parts General Fund 441.62 MTI BIN 314158 1250311-01 9001.14154/22/2020 Inventory - Parts General Fund 41.51 MTI BIN 314159 1250615-00 9001.14154/22/2020 Inventory - Parts General Fund 819.78 212688 4/24/2020 100659 NC PERS GROUP LIFE-MN 720.00 PAYROLL ENDING 4/11/20 314223 LIFE INS/PERA 4/11/20 9592.20214/24/2020 Ded Payable - Insurance Benefit Accrual 720.00 212689 4/24/2020 152201 NEWMAN SIGNS INC 96.78 SIGN MATERIALS 314160 TRFINV019532 2242.62574/22/2020 Signs & Striping Material Signs-Installation & Mtn 96.78 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212690 4/24/2020 148161 NORTHLAND SECURITIES INC.Continued... 1,202.50 COUNTRYSIDE VILLAS HIA 314161 6111 9001.2245 J04854/22/2020 Escrow - Private Development F General Fund 1,202.50 212691 4/24/2020 149916 NORTHWEST LASERS & INSTRUMENTS 72.00 FLO PINK PAINT 314162 12616 8373.67184/22/2020 Project - Other Charges P1373 Hilltop Estates 72.00 FLO PINK PAINT 314162 12616 8372.67184/22/2020 Project - Other Charges P1372 Vienna Woods 144.00 212692 4/24/2020 101333 NOVACZYK,CRAIG 65.00 REIMB BUILDING OFFICIALS LIC 314163 041520 0812.64794/22/2020 Dues and Subscriptions Conferences/Training-Prot Insp 65.00 212693 4/24/2020 102092 NRPA 1,150.00 NRPA - MEMBERSHIP 7/20-6/21 314164 200831-063020 3001.64794/22/2020 Dues and Subscriptions General/Admn-Recreation 1,150.00 212694 4/24/2020 108599 OFFICE DEPOT, INC. 39.10-OFFICE SUPPLIES 314165 475954909001 2401.62104/22/2020 Office Supplies Gen/Adm-Central Services 203.47 OFFICE SUPPLIES 314166 477634839001 2401.62104/22/2020 Office Supplies Gen/Adm-Central Services 164.37 212695 4/24/2020 153708 OPEN TEXT INC 2,750.00 TRAINING FEES 314252 9001782367 1105.64764/23/2020 Conferences/Meetings/Training Investigation/Crime Prevention 2,195.00 TRAINING FEES 314253 9001782384 1105.64764/23/2020 Conferences/Meetings/Training Investigation/Crime Prevention 4,945.00 212696 4/24/2020 143709 OREILLY AUTO PARTS 11.99 WO 241 314254 3287-231000 9001.14154/23/2020 Inventory - Parts General Fund 11.99 212697 4/24/2020 102381 PARK SUPPLY, INC. 55.86 PLUMBING PARTS 314167 139745 3313.62334/22/2020 Building Repair Supplies Fire Buildings 142.16 PLUMBING PARTS 314168 141350 3313.62334/22/2020 Building Repair Supplies Fire Buildings 198.02 212698 4/24/2020 153976 PITNEY BOWES PRESORT SERVICES INC 140.03 POSTAGE METER INK 314169 1015399362 0401.62104/22/2020 Office Supplies General & Admn-City Clerk 140.03 212699 4/24/2020 143557 RANDSTAD (R) 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212699 4/24/2020 143557 RANDSTAD (R)Continued... 1,410.00 ADMIN ASSIST 4/5-4/11/20 314170 R26755090 9695.65614/22/2020 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,410.00 212700 4/24/2020 156276 RAPID RESTORATION DKI 6,902.52 SANITARY LS BACKUP - CLEANUP 314171 45107 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 6,902.52 212701 4/24/2020 100169 RATWIK ROSZAK ETAL 2,120.99 OUTSIDE LEGAL SERVICES 314172 66373 0603.63114/22/2020 Legal Outside Legal Counsel 2,120.99 212702 4/24/2020 152980 REMTECH INC. PEST PROTECTION 119.35 PEST CONTROL 314173 14425 6827.65354/22/2020 Other Contractual Services Building Maintenance 173.60 PEST CONTROL 314174 14353 3304.65694/22/2020 Maintenance Contracts Bldg/Facilities Maintenance 173.60 NTP PEST CONTROL 314175 14370 6146.65354/22/2020 Other Contractual Services North Plant Building 108.50 STP PEST CONTROL 314176 14371 6154.65354/22/2020 Other Contractual Services South Plant Building 575.05 212703 4/24/2020 100728 RENT N SAVE 316.90 PORTABLE TOILETS 314177 60621 3111.65394/22/2020 Waste Removal/Sanitation Servi Refuse/Waste Control 316.90 212704 4/24/2020 156275 RESTORATION PROFESSIONALS 5,449.63 SANITARY LS BACKUP - CLEANUP 314178 63454 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 5,449.63 212705 4/24/2020 156282 SAVATREE 200.00 HOME SHOW COVID-19 314255 1315498 6616.43264/23/2020 Facility Rental - Taxable Home Garden & Leisure Show 200.00 212706 4/24/2020 101013 SCHLEGEL, KURT 500.00 OAK WILT COST SHARE 314179 OAK WILT-PSP TREE REMOVAL 3209.68604/22/2020 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 500.00 212707 4/24/2020 100187 SEH 347.37 SLAKES REHAB 314180 384979 6006.6310 ATMOB4/22/2020 Professional Services-General South Lakes Tower Antenna Loca 258.47 SLAKES REHAB 314181 384980 6006.6310 AVERI4/22/2020 Professional Services-General South Lakes Tower Antenna Loca 141.59 SLAKES REHAB 314182 384981 6006.6310 ADAKO4/22/2020 Professional Services-General South Lakes Tower Antenna Loca 703.52 SLAKES REHAB 314183 384982 6006.63104/22/2020 Professional Services-General South Lakes Tower Antenna Loca 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212707 4/24/2020 100187 SEH Continued... 740.90 TELECOM 314184 384949 6003.6310 AVERI4/22/2020 Professional Services-General Lexington Antenna Location 738.30 TELECOM 314185 384950 6008.6310 AAT&T4/22/2020 Professional Services-General Yankee Doodle Antenna Location 2,930.15 212708 4/24/2020 140064 SENTRY SYSTEMS INC. 68.01 APR 2020 ALARM MONITORING 314186 13858008 9695.65404/22/2020 Alarm Monitoring Srv (DCDTF)Dakota Co Drug Task Force 68.01 212709 4/24/2020 156272 SERVICE RESTORATION INC 16,029.07 SANITARY LS BACKUP - CLEANUP 314187 MN120-0134-WTR- STEVENS 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 1,737.40 SANITARY LS BACKUP - CLEANUP 314188 MN120-0136-WTR- KEEGAN 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 1,995.31 SANITARY LS BACKUP - CLEANUP 314189 MN120-0130-WTR- BELL 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 9,160.39 SANITARY LS BACKUP - CLEANUP 314190 MN120-0132-WTR- KRUEGER 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 5,849.83 SANITARY LS BACKUP - CLEANUP 314191 MN120-01333-WTR -JOHNSON 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 10,459.35 SANITARY LS BACKUP - CLEANUP 314192 MN120-0129-WTR- SWANSON 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 10,676.99 SANITARY LS BACKUP - CLEANUP 314193 MN120-0128-WTR- ROSS 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 55,908.34 212710 4/24/2020 143545 SERVPRO OF EAGAN/APPLE VALLEY 13,254.98 SANITARY LS BACKUP - CLEANUP 314194 5022432 6230.64324/22/2020 Utility System Repair-Labor Sanitary Customer Service 3,318.67 CLAIM CP104277 314195 5022457 9591.63864/22/2020 Insurance Deductible Risk Management 16,573.65 212711 4/24/2020 100191 SHERWIN WILLIAMS 9.13 WELL PAINT SUPPLIES 314196 0315-7 6148.62604/22/2020 Utility System Parts/Supplies North Well Field 357.94 HSP NTP PAINT 314197 0000-5 6146.62334/22/2020 Building Repair Supplies North Plant Building 546.18 WELL PAINT 314198 9703-2 6148.62334/22/2020 Building Repair Supplies North Well Field 400.00 WELL PAINT 314198 9703-2 6156.62334/22/2020 Building Repair Supplies South Well Field 1,313.25 212712 4/24/2020 156280 SIEBENALLER, STEVEN AND BETH 200.00 EAB COST SHARE 314256 2020 EAB-ASH TREE REMOVAL 3209.68604/23/2020 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212712 4/24/2020 156280 SIEBENALLER, STEVEN AND BETH Continued... 200.00 212713 4/24/2020 155590 SIMON'S APPLIANCE 9,977.00 FS4 REMODEL APPLIANCES 314199 94102 9352.66604/22/2020 Office Furnishings & Equipment Fire Station 4 Remodel 9,977.00 212714 4/24/2020 108338 SL-SERCO 4,063.15 METER READING CONTRACT 314200 11076794C 6162.63104/22/2020 Professional Services-General Meter Reading 4,063.15 METER READING CONTRACT 314200 11076794C 6201.63104/22/2020 Professional Services-General San Sewer-Administration 8,126.30 212715 4/24/2020 156288 SORENSEN CONSULTING 850.00 TRAINING FEES 314271 COE:1:20 1104.64764/23/2020 Conferences/Meetings/Training Patrolling/Traffic 850.00 212716 4/24/2020 100469 SRF CONSULTING GROUP INC 753.85 BPTMP.SRF PARKCIP 314201 12601.00-10 2852.6750 PBIKE4/22/2020 Administration General Park Site Improvmts 753.86 CONT 19-13 BIKE&PEDESTRIAN PLA 314201 12601.00-10 9375.6713 PBIKE4/22/2020 Project - Outside Engineering Major Street 1,507.71 212717 4/24/2020 149483 STRID, TOM 189.99 BOOTS-STRID 314202 041820 2010.62244/22/2020 Clothing/Personal Equipment General Engineering 189.99 212718 4/24/2020 127800 SUPERIOR MECHANICAL COLLISION 109.85 WO 214 314257 0151138 9001.14154/23/2020 Inventory - Parts General Fund 109.85 212719 4/24/2020 143384 TAYLOR ELECTRIC COMPANY 950.00 CONTR B FAULT REPAIR 314203 1475 6301.64324/22/2020 Utility System Repair-Labor Street Lighting 950.00 212720 4/24/2020 134135 THOMSON REUTERS 308.90 CLEAR MONTHLY-MAR 2020 314258 842081734 1105.64574/23/2020 Machinery & Equipment-Rental Investigation/Crime Prevention 308.90 212721 4/24/2020 100107 THYSSENKRUPP ELEVATOR 129.10 ELEVATOR CONTRACT 314204 3005159796 3314.65694/22/2020 Maintenance Contracts Central Maintenance 133.33 ELEVATOR CONTRACT 314204 3005159796 3316.65694/22/2020 Maintenance Contracts Police 197.33 ELEVATOR CONTRACT 314204 3005159796 3315.65694/22/2020 Maintenance Contracts City Hall 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212721 4/24/2020 100107 THYSSENKRUPP ELEVATOR Continued... 266.66 ELEVATOR CONTRACT 314204 3005159796 9116.62234/22/2020 Building/Cleaning Supplies Cedar Grove Parking Garage 133.33 ELEVATOR CONTRACT 314205 3005160056 6827.65694/22/2020 Maintenance Contracts Building Maintenance 133.33 MONTHLY DUES 314206 3005160058 6603.65694/22/2020 Maintenance Contracts Building Repair & Maint. 993.08 212722 4/24/2020 142403 TITAN MACHINERY 204.19 137 VEHICLE 314259 13822303GP 9001.14154/23/2020 Inventory - Parts General Fund 204.19 212723 4/24/2020 113124 TOLL GAS & WELDING SUPPLY 32.27 SIGN INSTALLATION SUPPLIES 314208 10346701 2242.62574/22/2020 Signs & Striping Material Signs-Installation & Mtn 32.27 212724 4/24/2020 100543 TOTAL CONTROL SYSTEMS INC 4,807.62 BURR OAKS VFD AND SERVICE 314209 9282 6432.64324/22/2020 Utility System Repair-Labor Equipment Maintenance/Repair 328.60 BURR OAKS SERVICE 314210 9283 6432.64324/22/2020 Utility System Repair-Labor Equipment Maintenance/Repair 1,107.90 STP SERVICE 314211 9284 6155.64324/22/2020 Utility System Repair-Labor South Plant Production 76,967.00 WELL 5 CIP MCC 314212 9290 6156.66304/22/2020 Other Improvements South Well Field 1,797.72 PARTS FOR LIFT STATION GEN HOO 314213 9294 6239.62604/22/2020 Utility System Parts/Supplies Lift Station Maintenanc/Repair 300.00 SPARE PARTS 314214 9297 6148.62604/22/2020 Utility System Parts/Supplies North Well Field 300.26 STP FILTERCELL 314215 9302 6155.62604/22/2020 Utility System Parts/Supplies South Plant Production 693.68 TWO SERVICE CALLS WELL AND SAN 314222 9304 6148.64324/22/2020 Utility System Repair-Labor North Well Field 1,000.00 TWO SERVICE CALLS WELL AND SAN 314222 9304 6239.64324/22/2020 Utility System Repair-Labor Lift Station Maintenanc/Repair 87,302.78 212725 4/24/2020 156287 TRUAX PATIENT SERVICES 1,875.00 NARCAN 4MG 2-PACK 314269 042120 9698.6220 H20014/23/2020 Operating Supplies - General DCDTF HIDTA 1,875.00 212726 4/24/2020 156267 TRUEMAN WELTERS 6,997.36 PLAN IT 65-200020 314216 EB20705 6501.66404/22/2020 Machinery/Equipment G/A - Water Quality 6,997.36 212727 4/24/2020 100391 U S BANK 450.00 ADMIN FEE 3/1/20-2/28/21 314217 5684763 9441.64924/22/2020 Paying Agent/Bond Destruction 2008A/2017A MDS Refding Bds DS 450.00 212728 4/24/2020 100232 UHL CO INC 420.00 FIRE ALARM MONITORING 314218 60755 3313.65694/22/2020 Maintenance Contracts Fire Buildings 420.00 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212728 4/24/2020 100232 UHL CO INC Continued... 212729 4/24/2020 100912 VERIZON WIRELESS, BELLEVUE 42.53 CELL PHONES 314260 9851878758 1001.63554/23/2020 Cellular Telephone Service General/Admn-Human Resources 85.06 CELL PHONES 314260 9851878758 0201.63554/23/2020 Cellular Telephone Service General & Admn-Admn 200.12 CELL PHONES 314260 9851878758 0301.63554/23/2020 Cellular Telephone Service IT-Gen & Admn 52.53 CELL PHONES 314260 9851878758 0501.63554/23/2020 Cellular Telephone Service General & Admn-Finance 212.65 CELL PHONES 314260 9851878758 0720.63554/23/2020 Cellular Telephone Service General Admin-Planning & Zonin 365.70 CELL PHONES 314260 9851878758 0805.63554/23/2020 Cellular Telephone Service Construction Insp-Field 137.59 CELL PHONES 314260 9851878758 0901.63554/23/2020 Cellular Telephone Service Gen & Admin-Communications 3,698.36 CELL PHONES 314260 9851878758 1108.63554/23/2020 Cellular Telephone Service Communications 411.16 CELL PHONES 314260 9851878758 2010.63554/23/2020 Cellular Telephone Service General Engineering 532.64 CELL PHONES 314260 9851878758 2201.63554/23/2020 Cellular Telephone Service Gen/Adm-Streets 7.88 CELL PHONES 314260 9851878758 2401.63554/23/2020 Cellular Telephone Service Gen/Adm-Central Services 928.52 CELL PHONES 314260 9851878758 3001.63554/23/2020 Cellular Telephone Service General/Admn-Recreation 343.67 CELL PHONES 314260 9851878758 3170.63554/23/2020 Cellular Telephone Service General AdmIn-Parks 42.53 CELL PHONES 314260 9851878758 3170.63554/23/2020 Cellular Telephone Service General AdmIn-Parks 127.59 CELL PHONES 314260 9851878758 3201.63554/23/2020 Cellular Telephone Service Administrative/General 25.46 CELL PHONES 314260 9851878758 3106.63474/23/2020 Telephone Service & Line Charg Structure Care & Maintenance 71.24 CELL PHONES 314260 9851878758 3301.63554/23/2020 Cellular Telephone Service General Management 467.83 CELL PHONES 314260 9851878758 1221.63554/23/2020 Cellular Telephone Service Administration-Fire 42.53 CELL PHONES 314260 9851878758 3071.62274/23/2020 Recreation Equipment/Supplies MN State Arts Board 180.12 CELL PHONES 314260 9851878758 9701.63554/23/2020 Cellular Telephone Service PEG-eligible 306.47 CELL PHONES 314260 9851878758 6101.63554/23/2020 Cellular Telephone Service Water -Administration 297.71 CELL PHONES 314260 9851878758 6128.63554/23/2020 Cellular Telephone Service CMMS - Utilities 42.53 CELL PHONES 314260 9851878758 6136.63554/23/2020 Cellular Telephone Service GIS - Utilities 241.41 CELL PHONES 314260 9851878758 6201.63554/23/2020 Cellular Telephone Service San Sewer-Administration 178.86 CELL PHONES 314260 9851878758 6501.63554/23/2020 Cellular Telephone Service G/A - Water Quality 127.59 CELL PHONES 314260 9851878758 6228.63554/23/2020 Cellular Telephone Service CMMS - Utilities 127.59 CELL PHONES 314260 9851878758 6601.63554/23/2020 Cellular Telephone Service General/Administrative-Arena 42.53 CELL PHONES 314260 9851878758 6716.63554/23/2020 Cellular Telephone Service General Administration 151.45 CELL PHONES 314260 9851878758 6801.63554/23/2020 Cellular Telephone Service General & Administrative 52.53 CELL PHONES 314260 9851878758 9225.63554/23/2020 Cellular Telephone Service Fiber Infrastructure Fund 9,544.38 212730 4/24/2020 138055 VINCO INC. 37,873.03 SPERRY TOWER FINAL PAY 314261 7-041320 6129.6630 P11544/23/2020 Other Improvements Reservior Maintenance/Repair 37,873.03 212731 4/24/2020 120842 VISU-SEWER CLEAN & SEAL INC 18,000.00 FINAL PAYMENT 314262 2-MARCH 2020 6249.6630 P13534/23/2020 Other Improvements Sewer Main Repair 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212731 4/24/2020 120842 VISU-SEWER CLEAN & SEAL INC Continued... 18,000.00 212732 4/24/2020 102663 WAYTEK, INC. 685.33 PER PO 314219 2970934 3511.66804/22/2020 Mobile Equipment Equip Rev Fd-Dept 11 685.33 212733 4/24/2020 104542 WSB & ASSOCIATES, INC. 15,108.50 DESTALLPLAYDESIGNWSB 314220 R-015234-000-5 2811.67514/22/2020 Design & Engineering (External Woodhaven Park 15,108.50 212734 4/24/2020 101755 XCEL ENERGY 3,951.56 TRAFF SIGNAL ELECT SOP 314221 51-0013038202-9 -030920 8354.67184/22/2020 Project - Other Charges P1354 Central Pkwy/Quarry Rd i 3,951.56 212735 4/24/2020 101755 XCEL ENERGY 688.27 SIGNALS 314263 51-6563386-3-04 0620 6301.64074/23/2020 Electricity-Signal Lights Street Lighting 688.27 212736 4/24/2020 101755 XCEL ENERGY 11.32 SKYLINE RD HOCKEY RINK 314264 51»6563384-1-04 0620 3104.64054/23/2020 Electricity Site Amenity Installation 11.76 MCKEE ST ICE RINK LIGHTS 314264 51»6563384-1-04 0620 3104.64054/23/2020 Electricity Site Amenity Installation 152.24 QUARRY PARK 314264 51»6563384-1-04 0620 3106.64054/23/2020 Electricity Structure Care & Maintenance 175.32 212737 4/24/2020 101755 XCEL ENERGY 72.93 HWY 55 STORM 314265 516563388-5-040 620 6439.64084/23/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 25.76 KNOX STORM LIFT STATION 314265 516563388-5-040 620 6439.64084/23/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 98.69 212738 4/24/2020 101755 XCEL ENERGY 168.63 WELL #6 314266 51-65633896-040 820 6148.64094/23/2020 Electricity-Wells/Booster Stat North Well Field 204.45 WELL #16 314266 51-65633896-040 6148.64094/23/2020 Electricity-Wells/Booster Stat North Well Field 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212738 4/24/2020 101755 XCEL ENERGY Continued... 820 63.46 WELL #7 314266 51-65633896-040 820 6148.64094/23/2020 Electricity-Wells/Booster Stat North Well Field 108.35 WELL #17 314266 51-65633896-040 820 6148.64094/23/2020 Electricity-Wells/Booster Stat North Well Field 544.89 212739 4/24/2020 101755 XCEL ENERGY 25.11 ALEXANDER LIFT STATION 314267 51-6563387-4-04 0820 6236.64084/23/2020 Electricity-Lift Stations Assist - Streets 193.38 HWY 55 SAN 314267 51-6563387-4-04 0820 6236.64084/23/2020 Electricity-Lift Stations Assist - Streets 218.49 212740 4/24/2020 101755 XCEL ENERGY 203.36 FESTIVAL GROUNDS 314268 51-6563391-0-04 0620 3106.64054/23/2020 Electricity Structure Care & Maintenance 107.85 CENTRAL PARK PUMP STATION 314268 51-6563391-0-04 0620 3186.64054/23/2020 Electricity Recreation Program Support 190.16 BAND SHELL 314268 51-6563391-0-04 0620 3106.64054/23/2020 Electricity Structure Care & Maintenance 171.17 CONCESSION STAND 314268 51-6563391-0-04 0620 3106.64054/23/2020 Electricity Structure Care & Maintenance 2,802.73 WELL #20 314268 51-6563391-0-04 0620 6148.64094/23/2020 Electricity-Wells/Booster Stat North Well Field 8,434.42 ECC ELECTRICITY 314268 51-6563391-0-04 0620 6824.64054/23/2020 Electricity Utilities 2,621.03 ECC NATURAL GAS 314268 51-6563391-0-04 0620 6824.64104/23/2020 Natural Gas Service Utilities 14,530.72 1000020 4/24/2020 146452 TIMM, MELISSA 50.54 M TIMM MILEAGE 314207 030920 0401.63534/22/2020 Personal Auto/Parking General & Admn-City Clerk 50.54 20205204 4/24/2020 100283 BERKLEY ADMINISTRATORS 30,000.00 WC ACCOUNT TRANSFER 314278 042020 9593.16504/24/2020 Worker's Comp Advance to DCA Workers' Compensation Self-In 30,000.00 20205616 4/24/2020 147907 SELECT ACCOUNT 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20205616 4/24/2020 147907 SELECT ACCOUNT Continued... 1,606.29 FLEX REIMBURSEMENT 314279 042320 9592.22154/24/2020 Flex Plan Withholding Payable Benefit Accrual 1,606.29 20205703 4/24/2020 147907 SELECT ACCOUNT 1,183.50 MONTHLY FEES 314280 042220 1001.65364/24/2020 Flex Plan Administration Fee General/Admn-Human Resources 1,183.50 20205805 4/24/2020 147907 SELECT ACCOUNT 750.00 DEPOSIT FOR 2ND QTR VEBA 314281 042220-1 9592.61594/24/2020 VEBA Benefit Accrual 750.00 20206003 4/24/2020 100901 MN DEPT OF REVENUE 234.00 SALES TAX MAR 2020 314282 SALES TAX - MAR 2020 9001.22704/24/2020 Sales Tax Payable General Fund 8.00 TRANSIT TAX MAR 2020 314282 SALES TAX - MAR 2020 9001.22714/24/2020 Transit Imprv Tax General Fund 100.00 SALES TAX MAR 2020 314282 SALES TAX - MAR 2020 9220.22704/24/2020 Sales Tax Payable Public Utilities 4.00 TRANSIT TAX MAR 2020 314282 SALES TAX - MAR 2020 9220.22714/24/2020 Transit Imprv Tax Public Utilities 307.00 SALES TAX MAR 2020 314282 SALES TAX - MAR 2020 9221.22704/24/2020 Sales Tax Payable Civic Arena 9.00 TRANSIT TAX MAR 2020 314282 SALES TAX - MAR 2020 9221.22714/24/2020 Transit Imprv Tax Civic Arena 403.00 SALES TAX MAR 2020 314282 SALES TAX - MAR 2020 9222.22704/24/2020 Sales Tax Payable Cascade Bay 15.00 TRANSIT TAX MAR 2020 314282 SALES TAX - MAR 2020 9222.22714/24/2020 Transit Imprv Tax Cascade Bay 4,170.00 SALES TAX MAR 2020 314282 SALES TAX - MAR 2020 9223.22704/24/2020 Sales Tax Payable Central Park/Community Center 149.00 TRANSIT TAX MAR 2020 314282 SALES TAX - MAR 2020 9223.22714/24/2020 Transit Imprv Tax Central Park/Community Center 5,399.00 20207003 4/24/2020 100901 MN DEPT OF REVENUE 107.39 FUEL TAX (CENT SV) MAR 2020 314283 FUEL TAX - MAR 2020 2244.62354/24/2020 Fuel, Lubricants, Additives Street Equipment Repair/Mtn 7.61 FUEL TAX (EQUIP) MAR 2020 314283 FUEL TAX - MAR 2020 3128.62354/24/2020 Fuel, Lubricants, Additives Vehicle Maintenance 12.97 FUEL TAX (SEWER) MAR 2020 314283 FUEL TAX - MAR 6232.62354/24/2020 Fuel, Lubricants, Additives Equipment Maintenance/Repair 4/23/2020City of Eagan 15:59:53R55CKR2LOGIS102V 22Page -Council Check Register by GL Check Register w GL Date & Summary 4/24/20204/20/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20207003 4/24/2020 100901 MN DEPT OF REVENUE Continued... 2020 127.97 20208515 4/24/2020 151185 HEALTHPARTNERS INC 528.86 DENTAL CLAIMS REIMBURSEMENT 314284 042020 9594.61584/24/2020 Dental Insurance Dental Self-insurance 528.86 20209002 4/24/2020 147691 HR SIMPLIFIED INC. 1,447.00 2020 ACA MAILING 1095C 314285 64768 1001.65354/24/2020 Other Contractual Services General/Admn-Human Resources 1,447.00 20209003 4/24/2020 147691 HR SIMPLIFIED INC. 318.00 COBRA/RETIREE MAR 2020 314286 64831 9592.65364/24/2020 Flex Plan Administration Fee Benefit Accrual 318.00 2,474,016.62 Grand Total Payment Instrument Totals Checks 2,473,966.08 50.54A/P ACH Payment Total Payments 2,474,016.62 4/23/2020City of Eagan 16:00:02R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/24/20204/20/2020 - Company Amount 158,893.8509001GENERAL FUND 584.1909116CEDAR GROVE PARKING GARAGE 10,758.0209197ETV 895,277.7209220PUBLIC UTILITIES 14,367.3809221CIVIC ARENA 2,723.4509222CASCADE BAY 21,940.8809223CENTRAL PARK /COMMUNITY CENTER 52.5309225FIBER INFRASTRUCTURE FUND 16,877.3509328PARK SYS DEV AND R&R 695.3409335EQUIPMENT REVOLVING 9,977.0009352Fire Station 4 Remodel 1,339.5009353POLICE & CITY HALL REMODEL 835,578.9609372REVOLVING SAF-CONSTRUCTION 753.8609375MAJOR STREET 2,859.5009376COMBINED UTILITY TRUNK FUND 450.00094412008A/2017A MSA Refding Bds DS 3,318.6709591RISK MANAGEMENT 462,927.5509592BENEFIT ACCRUAL 30,000.0009593WORKERS' COMPENSATION SELF-INS 528.8609594Dental Self-insurance 4,112.0109695DAK CO DRUG TASK FORCE Report Totals 2,474,016.62 Agenda Information Memo May 5, 2020, 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:  Vending Services Agreement with DJ’s Divine Vending LLC for a vending machine at City Hall Attachments: (0) The contract is available from the City Clerk’s Office. Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA E. Amend City’s Investment Policy Actions to be Considered: ➢ To amend the City’s Investment Policy to change the maximum holdings allowed for specific investment types. Facts: ➢ The City’s Investment Policy was last revised in 2010. ➢ Minnesota Statutes Section 118A.04-.05 spells out specific investment vehicles that cities can purchase. They are: o U.S. Treasuries and government agency bonds (Fannie Mae, Freddie Mac, etc.) o State and local G.O. bonds rated A or better o State and local revenue bonds rated AA or better o Commercial paper – Staff views this as the riskiest of all types and has not invested in commercial paper for more than 20 years o FDIC-insured time deposits (i.e., CDs) o Repurchase agreements – Staff has not invested in these because of risks associated with them o Money market mutual funds whose investments are comprised of the above securities ➢ The current policy specifies maximum holdings as a percentage of the overall portfolio for each type. The percentages were chosen arbitrarily when the policy was originally drafted, primarily based on composition of the portfolio at the time. ➢ Since that time, the investment market has changed. 10 years ago, 95% of our portfolio was agency bonds. Now, non-callable agency bonds are difficult to find as the issuers have opted for more callable issues. 10 years ago, we had no CDs because the FDIC guarantee cap of $100,000 at the time was too low to make investing in them and monitoring for no duplications worthwhile. Now, with a $250,000 guarantee and rates that are a full percentage point above Treasuries, FDIC-insured CDs are a good option. ➢As of April 17, the City’s portfolio looks like this: Holdings by Class % Portfolio Certificates of Deposit 13,120,000.00 14.70%25%YES US Treasury Obligations 15,000,000.00 16.80%100%YES US Government Agencies 28,465,000.00 31.89%100%YES State and Local Securities 14,846,000.00 16.63%20%YES Money Market Funds 17,837,214.25 19.98%20%YES 89,268,214.25 100% Max Allowed per Policy Compliant to Policy ➢Staff is proposing increases to the following categories: o State and local securities – from 20% to 50%. The supply of non-callable government agency bonds has dwindled significantly in recent years as most of the new issues are callable. As a result, many municipal investors have turned to state and local G.O.-backed “muni” bonds. o Certificates of deposit (CDs) – from 25% to 50%. As noted, the FDIC guarantee increase a few years ago has made CDs a more attractive investment. o Money market funds – from 20% to 30%. At times, interest rates on our cash/money market funds have exceeded other, less liquid investments. Increasing the maximum will provide us with more flexibility and liquidity, especially now with the uncertainty of cash flows resulting from COVID. ➢As always, the most important objective of the policy remains safety of principal. Staff does not view any of these changes as compromising that objective. Attachments: (1) CE-1 Revised Investment Policy - markup version 1 City of Eagan INVESTMENT POLICY Revised and approved by City Council on February 16, 2010 May 5, 2020. The purpose of this Policy Statement is to establish standards governing the investment of City funds. It is the City’s policy that available funds be invested in a manner which will provide the highest investment return, with the maximum security, while meeting the daily cash flow demands of the City and conforming to all Minnesota statutes governing the investment of public funds. Scope This policy applies to all investments made by the City. Prudence The standard of prudence to be used by investment officials of the City shall be the “prudent person” standard which states: “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” The prudent investor rule shall be applied in the context of managing the overall portfolio. The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security’s credit risk or market price changes, provided that these deviations from expectations are reported immediately and that appropriate action is taken to control adverse developments. Delegation of Authority In accordance with Minnesota Statutes 118A.02, the City Council authorizes the Chief Financial Officer/Treasurer to designate depositories and make investments for the City. The Director of Administrative Services is also authorized to make investments for the City. In the absence of both the Chief Financial Officer/Treasurer and the Director of Administrative Services, the Accountant II is authorized to make investments. 2 Responsibilities It is the duty and responsibility of the Chief Financial Officer/Treasurer under this policy to: 1. Ensure that investments are authorized and comply with the policy objectives and restrictions; 2. Monitor the performance of investments in comparison to expected return on investments; and 3. Prepare reports to the City Administrator/City Council as required by this policy. Administrative and Review Procedures A quarterly report reflecting the investment portfolio makeup and its performance will be provided to the City Council. At least annually, this policy shall be reviewed by staff and proposed changes shall be recommended to the City Council. Objectives The City’s primary investment objectives, in order of priority, are as follows: Safety: Safety of principal is the foremost objective. Investments shall be undertaken so as to insure the preservation of capital in the overall portfolio. Diversification of investments is required to limit potential losses. Liquidity: The City’s portfolio will be structured to be sufficiently liquid to meet all operating requirements that might be reasonably anticipated. It is essential that funds are available when needed. Return on investment: The City’s investment portfolio shall be designed to attain a market-average rate of return during budgetary and economic cycles, taking into account the City’s investment risk constraint and the cash flow characteristics of the portfolio. All City staff participating in the investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction that might impair public confidence in the City’s ability to govern effectively. 3 Authorized Investments The City will invest only in instruments permitted by Minnesota Statutes 118A.04-.05, which are categorized as follows: (1) United States securities—governmental bonds, notes, bills, mortgages (excluding high-risk mortgage-backed securities), and other securities, which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. (2) State and Local securities—general obligation securities of any state or local government rated “A” or better; revenue obligation securities of any state or local government rated “AA” or better; and a general obligation of the Minnesota housing finance agency which is a moral obligation of the State and is rated “A” or better. (3) Commercial paper—unsecured promissory notes issued by United States corporations or their Canadian subsidiaries having maturities of 270 days or less, and rated A-1 (Moody’s), P-1 (Standard & Poors), or F-1 (Fitch) by at least two of these three rating services. (4) Time deposits—certificates of deposit fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of United States banks. (5) Repurchase agreements (Repos)—contracts whereby a holder of securities sells the securities to an investor and agrees to repurchase them at a fixed price on a fixed date. The City in effect lends money to another party and holds the security as collateral until it is repurchased by the other party. (6) Money market mutual funds—shares of a Minnesota joint powers investment trust whose investments are restricted to securities described in (1) through (5) above, or shares of an investment company that meets the requirements of Minnesota Statutes 118A.05, subd. 4. Authorized Financial Institutions The City will conduct its investment transactions with several legal, competing, reputable investment securities dealers or banks located in Minnesota. The City will obtain a completed “Notification to Broker and Certification by Broker” statement of investment restrictions from each dealer in accordance with Minnesota Statutes 118A.04. Speculative Investments Not Allowed Generally, the City will not purchase investments which, at the time of investment, are not intended to be held to maturity, or which the City would not be able to hold to maturity because of cash flow requirements. This does not mean that an investment cannot be sold prior to maturity. 4 At times, a callable investment on the secondary market that is approaching its call date within two years, and that can reasonably be expected to be called because of its higher coupon rate, may be purchased with the intention that it will be held to its call date, not its maturity date. The City will not invest in securities, other than money market mutual funds, without a fixed maturity and fixed interest or discount rate. Maximum Maturities The City will attempt to match its investments with cash flow needs. Unless directly matched to a specific cash flow, the City will not invest in securities maturing more than ten years from the date of purchase. Terms of Transactions All investment transactions will be “delivery vs. payment,” which means that payment for the investment will be made only upon delivery of the security to the safekeeping institution designated by the City. This type of transaction provides the maximum amount of security to the City. Diversification The City will diversify its investments by security type as shown below: Maximum Holdings United States Treasury obligations (bills, notes and bonds) 100% United States governmental agency and instrumentality securities 100% State and local securities 20% 50% Commercial paper 5% FDIC-insured certificates of deposit 25% 50% Repurchase agreements 10% Bankers acceptances 10% Money market mutual funds investing in State authorized securities 20% 30% Competitive Selection of Investment Purchases For each investment opportunity, when possible, bids will be solicited from at least three authorized financial institutions for options with regards to term and instrument. The City will accept the bid that it determines best complies with the investment Objectives and Diversification constraints described in this Policy. 5 Cash Management and Related Recordkeeping Procedures Cash management is essential to a good investment program. The Finance Department has responsibility to organize and establish procedures for effective cash management and the recordkeeping therefor, based on the following guidelines: 1. Cash flow projections for the following twelve-month period will be prepared at the beginning of each month. 2. Each morning, available cash balances will be determined and reviewed for investment opportunities. 3. Investment records will be updated and reviewed as investments mature or are purchased. 4. Each month, the investment records will be balanced to the financial records and to the safekeeping institution’s monthly statement. 5. Each quarter, the Treasurer will submit a current listing of the City’s investments to the City Council. 6. Interest earnings will be allocated on a monthly basis to the various City funds based on investment balances in the funds at the end of the month. 7. A management fee equal to two percent of the investment earnings will be allocated to the General Fund. Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA F. Drinking Water Week - May 3 - 9, 2020 Action To Be Considered: Proclaim May 3 through May 9, 2020, as Drinking Water Week, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ For more than 40 years, the American Water Works Association and its members have celebrated Drinking Water Week – a unique opportunity for both water professionals and the communities they serve to join together in recognizing the vital role water plays in our daily lives as our most valuable natural resource. ➢ Tap water delivers public health protection, fire protection, support for our economy and the quality of life we enjoy. ➢ Any measure of a successful society – low mortality rates, economic growth, diversity, productivity, and public safety – are in some way related to access to safe water. ➢ We are all stewards of the water infrastructure upon which future generations depend. ➢ Each citizen of our city is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues. Attachments (1) CF-1 Proclamation Resolution CITY OF EAGAN PROCLAMATION RESOLUTION DRINKING WATER WEEK May 3 through May 9, 2020 WHEREAS, water is our most valuable natural resource; and WHEREAS, only tap water delivers public health protection, fire protection, support for our economy and the quality of life we enjoy; and WHEREAS, any measure of a successful society – low mortality rates, economic growth and diversity, productivity, and public safety – are in some way related to access to safe water; and WHEREAS, we are all stewards of the wate r infrastructure upon which future generations depend; and WHEREAS, each citizen of our city is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues by getting to know their water. NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims May 3-9, 2020 as Drinking Water Week. CITY OF EAGAN CITY COUNCIL By: __________________________ Its Mayor Attest: ________________________ Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assemb led this 5th day of May 2020. _____________________________ Christina M. Scipioni, City Clerk Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA G. Public Works Week - May 17-23, 2020 Action To Be Considered: Proclaim May 17 through May 23, 2020, as Public Works Week, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ National Public Works Week (NPWW) calls attention to the importance of public works in providing and maintaining the infrastructure and public services that are the heart and essence of a functioning community. One of its main goals is to educate the general public about the value and necessities of public works projects. ➢ Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. NPWW is observed each year during the third full week of May by many State Governors and City Councils throughout the nation to help raise the public’s awareness of and confidence in public works issues. ➢ APWA has selected “The Rhythm of Public Works” as its theme for 2020’s National Public Works Week. This year’s theme challenges citizens to think about their communities as a symphony of essential services., working in concert to create a great place to live, work and play. ➢ Social media posts featuring Eagan Public Works staff and highlighting 2020 projects will be released throughout this week. ➢ This proclamation of Public Works Week in Eagan seeks to energize and educate the public on the importance of public works to their daily lives: planning, building, managing and operating at the heart of their local communities to improve everyday quality of life. Attachments (1) CG-1 Proclamation Resolution CITY OF EAGAN PROCLAMATION RESOLUTION PUBLIC WORKS WEEK May 17 through May 23, 2020 WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of Eagan; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees a t all levels of government and the private sector, who are responsible for rebuildin g, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essent ial for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic lead ers and children in Eagan to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2020 marks the 60th annual National Public Works Week sponsored by the American Public Works Association. NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaim the week of May 17 through May 23, 2020, as Public Works Week and urges all citizens and civic organizations to acquaint themselves with the various aspects of public service delivery provided by our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecti ng our national health, safety, and quality of life. CITY OF EAGAN CITY COUNCIL By: __________________________ Its Mayor Attest: ________________________ Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assemb led this 5th day of May, 2020. _____________________________ Christina M. Scipioni, City Clerk Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA H. Eagan Lakes Appreciation Month - June 2020 Action To Be Considered: Proclaim June 2020 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Eagan has about 30 designated lakes and about 700 wetlands an acre or more in size that offer abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees, and visitors. These amenities also can have a positive effect on adjacent property values. ➢ Lakes and wetlands are affected by contaminants - such as phosphorus, sediment, and various pollutants - carried in stormwater runoff. These undesirable influences can impact aquatic ecosystems and wildlife sustainability by impairing water quality. Impaired water quality diminishes the positive attributes of Eagan’s water bodies. ➢ City residents and businesses play essential roles in protecting lakes’ aquatic habitats and recreational values. They can keep fertilizers, grass clippings, leaves, soils, litter, salt, and other pollutants from entering storm drains that connect to lakes. Residents and businesses also can reduce runoff by infiltrating or collecting stormwater with rain gardens, pervious pavements, or rain barrels. ➢ The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to help protect Eagan lakes by keeping pollutants out of storm sewers, picking up nearby trash, and reducing stormwater runoff. ➢ In 2020, the City celebrates 30 successful years comprehensively managing lakes and wetlands to protect and improve their many qualities for enjoyment by local and regional residents. ➢ An annual proclamation of Eagan Lakes Appreciation Month recognizes these past efforts to protect and improve lake water quality within the City of Eagan and encourages continuing efforts by residents and businesses. Attachments (1) CH-1 Proclamation Resolution CITY OF EAGAN PROCLAMATION RESOLUTION EAGAN LAKES APPRECIATION MONTH June 2020 WHEREAS, Eagan has 30 designated lakes and about 700 wetlands that offer abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors; and WHEREAS, Eagan residents and visitors have numerous recreational opportunities to canoe, fish, and swim in many of these lakes while others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents and businesses play essential roles in protecting lakes’ aquatic habitats and recreational values by keeping fertilizers, grass clippings, leaves, soils, litter, salt, and other pollutants from entering storm drains that connect to lakes and can reduce runoff by infiltrating or collecting stormwater with rain gardens, pervious pavements, or rain barrels ; and WHEREAS, in 1990 the City Council adopted a nationally recognized surface water quality management plan, the first Minnesota city to do so, which the City Council updated in 2007 with a water quality and wetland management plan, to efficiently and effectively address the issues and needs of its surface water resources; and WHEREAS, in a 2018 scientific survey of Eagan residents, 63% of respondents said water quality of City lakes is good to excellent; and WHEREAS, in this year of 2020, the City celebrates 30 successful years comprehensively managing lakes and wetlands to protect and improve their many qualities for enjoyment by residents, employees, and visitors; and WHEREAS, the North American Lake Management Society is encouraging communities nationwide to declare a Lakes Appreciation Month this summer; and WHEREAS, June would be an appropriate month to declare as Eagan Lakes Appreciation Month to encourage residents and businesses to help protect Eagan lakes by keeping pollutants out of storm sewers, picking up nearby trash and reducing stormwater runoff . NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2020 as Eagan Lakes Appreciation Month and urges all residents and businesses to do all they can to keep Eagan lakes clean by keeping pollutants out of storm sewers, by picking up nearby trash, and by reducing stormwater runoff. CITY OF EAGAN CITY COUNCIL By: __________________________ Its Mayor Attest: ________________________ Its Clerk Motion Made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of May 2020. _____________________________ Christina M. Scipioni, City Clerk Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA I. Contract 20-18 2020 Water Quality Improvements Action To Be Considered: Approve the plans and specifications for Contract 20-18 (2020 Water Quality Improvements) and authorize the advertisement for a bid opening. Facts: ➢ Contract 20-18 provides for sediment removal in the following locations: o Ponds BP-3, BP-3.3, BP-25, BP-26, Project 1379 o Ponds AP-44, AP44.1, Project 1380 o Wetland LP-63, Project 1381 o Wetland AP-9, Project 1382 o Ponds CP-3, CP-3.1, CP-3.2, CP-3.3, Project 1381 as programmed for 2020 in the City’s 5-Year Capital Improvement Program (2020- 2024) and authorized by the City Council on June 4, 2019. ➢ The improvements under this contract include sediment removal and minor infrastructure repairs. The improvements will help the City fulfill routine responsibilities to maintain its stormwater drainage system in accordance with requirements of the municipal separate storm sewer system (MS4) permit administered through the Minnesota Pollution Control Agency. ➢ The improvements will support surface water quality within Eagan lakes and ponds. ➢ All construction activity for the improvements will occur within existing public rights-of-way, public property, or easements. ➢ The proposed improvements would be funded by the Stormwater Utility Fund. ➢ The plans and specifications have been completed and are being presented to the City Council for approval and authorization for the advertisement of bids. The plans and specifications are available in the City's Engineering Office for review. ➢ Upon approval and authorization, an advertisement will be published in the legal newspaper and on electronic bidding sites informing co ntractors of the opportunity to submit a bid. Attachments (0) Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA J. Contract 20-19, Yankee Doodle Road Streetlight System Repairs Action To Be Considered: Receive the bids for Contract 20-19 (Yankee Doodle Road - Streetlight System Repairs) and award a contract to Taylor Electric for the base bid in the amount of $26,700.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 20-19 provides for replacement of the electrical circuitry that operates the city owned streetlights on the south side of Yankee Doodle Road, between Federal Drive and Pilot Knob Road. ➢ Contract 20-19 is necessary to repair underground faults and replace the circuitry which has reached its useful life. ➢ On June 4, 2019, the City Council approved the 5-year Capital Improvement Plan for Public Works (2020-2024) and authorized the initiation of the public improvement process for the 2020 programmed improvements. ➢ The construction activity for said improvements has been designed t o occur within existing public right-of-way, public property or easements. ➢ On April 9, 2020, three bids were received for this contract. The project specifications provided flexibility on the proposed contract material. The material specified to be used in each bid proposal was considered along with the bid price in the evaluation of each bid submittal. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. ➢ The bid from Taylor Electric has been reviewed by the Public Works Department, found to be the most responsive and in order for favorable Council action. Attachments (1) CJ-1 Bid Summary BID SUMMARY CITY CONTRACT NO 20-19 Yankee Doodle Road Streetlight System Repairs Contractors Bids 1. Collins $23,884.00 2. Taylor Electric $26,700.00 3. Egan Company $28,500.00 Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA K. Cliff Road Funding Application Action To Be Considered: Approve a letter of support for Dakota County’s application for federal funding for the reconstruction of CSAH 32 (Cliff Road) from CSAH 43 (Lexington Avenue) to approximately 1,000 feet east of its intersection with Dodd Road in Eagan. Facts: ➢ The reconstruction of County State Aid Highway 32 (Cliff Road), from CSAH 43 (Lexington Avenue) to approximately 1,000 feet east of Dodd Road, is programmed in both Dakota County Transportation’s and the City of Eagan’s Capital Improvement Plans (2020-2024 CIP). The City’s 2020-2024 CIP was approved by the City Council on June 4, 2019. ➢ The reconstruction of this segment of Cliff Road will provide for improved safety, an improved multimodal transportation network, and an increase in corridor efficiency. It will also improve a critical cross-town route for the residents and local industry. ➢ The project is a joint effort with Dakota County and the City of Eagan. The City participated in the corridor study and preliminary design that established the improvements for the C liff Road reconstruction project. The preliminary design resulted in the production of a geometric layout that encompasses the results of the joint effort. City staff concurs with the improvements shown in the geometric layout and is supportive of the implementation of the project. ➢ Construction of the first phase of improvements, which would be addressed by the funding application and is indicated on the attached exhibit, is scheduled for 2022. The City’s CIP includes $2,250,000 for the City’s cost share (Major Street Fund) designated for 2022. ➢ Dakota County Transportation is applying for federal funding of these improvements and is requesting a letter of support from the City of Eagan to include with its funding application. Attachments (1) CK-1 Draft Letter of Support CK-2 Project Exhibit May 6, 2020 Mr. Mark Krebsbach Dakota County Transportation Director/ County Engineer 14955 Galaxie Avenue Apple Valley, MN 55124 RE: 2020 Regional Solicitation Letter of Support for Dakota County CP 32-87 - CSAH 32 Reconstruction Project Dear Mr. Krebsbach: The City of Eagan is supportive of Dakota County's application for federal funding for the reconstruction of CSAH 32 (Cliff Road) from its intersection with CSAH 43 (Lexington Ave S) to approximately 1,000 feet east of its intersection with Dodd Road in Eagan. The improvement of the CSAH 32 segment of the County highway system is a priority for the City. In addition to improved safety the project will provide, the multimodal transportation network and the increase in corridor efficiency will improve a critical cross-town route for the residents and local industry. The project is a joint effort with Dakota County and the City of Eagan. The City participated in the corridor study and preliminary design that established the improvements for the CSAH 32 reconstruction project. The preliminary design resulted in the production of a geometric layout that encompasses the results of the joint effort. The City concurs with the improvements shown in the geometric layout and is supportive of the implementation of the project. The City also supports this proposed project for federal funding and agrees to provide a financial commitment for the improvements directly related to the CSAH 32 reconstruction in Eagan from CSAH 43 to east of Dodd Road. Sincerely, John Gorder, P.E. City Engineer G G C bmi.tblH:\DACO\T42117145\CAD\MS\layouts\CSAH 32 (Cliff Rd)_Design Geometric Layout_11X17_001.dgn9:50:34 AMpdf-color.pltcfgbenul2/21/2020CP 32-87 - CLIFF ROAD STUDY CURVE CSAH32EB1 PI 108+79.99 X 544,437.539 Y 216,044.682 T 244.27' L 481.25' R 1,140.00' PC 106+35.73 PT 111+16.98 CURVE CSAH32EB2 PI 121+08.16 X 545,563.261 Y 216,553.686 T 536.48' L 997.20' R 1,091.00' PC 115+71.68 PT 125+68.88 CURVE CSAH32WB1 PI 108+99.42 X 544,456.856 Y 216,090.730 T 288.83' L 569.06' R 1,348.00' PC 106+10.59 PT 111+79.65 CURVE CSAH32WB2 PI 121+06.41 X 545,564.487 Y 216,591.554 T 553.20' L 1,028.28' R 1,125.00' PC 115+53.21 PT 125+81.49 100 105 110 115 120 125100 105 110 115 120 125PC. 129+69.42PC. 129+21.27PT. 125+68.88PT. 125+81.49P C. 1 1 5 + 7 1. 6 8PC. 115+53.21P T. 1 1 1 + 1 6. 9 8PT. 111+79.65PC. 106+35.73PC. 106+10.59POT. 100+00.00POT. 100+00.00FEETSCALE 1000 200 ENAL URHT '21ENAL GNITSIXE '21 ENAL GNITSIXE '21 12' EXISTING LANE 12' EXISTING LANE 12' THRU LANE 12' THRU LANE 8' SHLD 8' SHLD 14' 16'16' 16' 14' 16'14' THRU LANE8' SHLD1 0' TRAI L1 4' THRU LANE8' SHLD1 0' BLVD10' BLVD10' TRAI L10' TRAIL 10' TRAIL 14' THRU LANE 14' THRU LANE10' BLVD 10' BLVD 8' SHLD 8' SHLDLEXINGTON AVE SKIRKWOOD DR KIRKWOOD DRMAPLE LEAF CIRCLECANTEBURY CIRCLEKIRKWOOD CIRCLEC.S.A.H. 32 6' MEDIAN HOLLAND LAKE DAKOTA COUNTY ID: 10-03500-28-010 SWEET, NANCY ID: 10-02600-54-010 ABRAHAM, JO ELLEN TSTE ID: 10-02600-55-013 DOEBBER, HARLAND & MARY ID: 10-02600-53-020 LIART '01 MANAGEMENT AREA STORMWATER 10' BLVD 14' THRU LANE PEDESTRIAN RAMPS. PEDESTRIAN INDICATIONS, AND NEWLY CONSTRUCTED FACILITIES WITH AUDIBLE PUSH BUTTONS, COUNTDOWN YELLOW LEFT-TURN ARROWS AND UPGRADED PEDESTRIAN TRAFFIC SIGNAL IMPROVEMENTS TO INCLUDE FLASHING TUNNEL LOCATION 10' TUNNEL LOCATION DAKOTA COUNTY ID: 10-03500-53-010 MICHAEL CHAPPUIS, DIAN & ID: 10-51500-01-010 CLVTI=873.61 CLVTI=874.50 U D D D D S 12 7 8 9 10 11 13 14 15 16 bmi.tblH:\DACO\T42117145\CAD\MS\layouts\CSAH 32 (Cliff Rd)_Design Geometric Layout_11X17_002.dgn9:54:57 AMpdf-color.pltcfgbenul2/21/2020CP 32-87 - CLIFF ROAD STUDY CURVE CSAH32EB3 PI 133+73.28 X 546,746.754 Y 215,923.372 T 403.86' L 780.02' R 1,220.00' PC 129+69.42 PT 137+49.44 CURVE CSAH32EB4 PI 143+15.02 X 547,705.313 Y 216,068.230 T 565.58' L 1,129.10' R 7,640.00' PC 137+49.44 PT 148+78.54 CURVE CSAH32EB5 PI 157+79.21 X 549,171.562 Y 216,071.454 T 214.52' L 428.98' R 11,500.00' PC 155+64.69 PT 159+93.68 CURVE CSAH32WB3 PI 132+89.25 X 546,677.442 Y 215,998.809 T 367.98' L 714.05' R 1,198.00' PC 129+21.27 PT 136+35.31 CURVE CSAH32WB4 PI 142+37.54 X 547,642.139 Y 216,102.092 T 602.23' L 1,203.36' R 11,520.00' PC 136+35.31 PT 148+38.67 CURVE CSAH32WB5 PI 158+68.33 X 549,274.018 Y 216,105.680 T 87.76' L 175.51' R 11,487.50' PC 157+80.57 PT 159+56.08 135 140 145 150 155 135 140 145 150 155 PC. 157+80.57PC. 155+64.69PT. 148+78.54PT. 148+38.67PRC. 137+49.44PRC. 136+35.31FEETSCALE 1000 200 1:15 1:15 14' RT TURN LN 14' THRU LANE 10' TRAIL 14' THRU LANE 8' SHLD 10' TRAIL 14' THRU LANE 8' SHLD 10' BLVD 10' TRAIL 27.5' 16' 32' 14 '8' SHLD 10' TRAIL 8' SHLD 10' TRAIL 10' BLVD 10' BLVD15.5'15.5'14' RT TURN LN 14' THRU LANE14' LT TURN LN 14' THRU LANE 10' TRAIL 8' SHLD 10' TRAIL 14' THRU LANE8' SHLD 10' TRAIL 10' BLVD 14' LT TURN LN 8 ' SHLD 10 ' TRAIL 10'14' THRU LANE8' SHLD1:15 8' SHLD 14' THRU LANE 12' DR IVEWAY OAK POND RDLAKEWOOD HILLS RD SLAKEW OOD HILLS RD S LAKEWOOD HI LLS RD NLAKEWOOD HILLS RD N C.S.A.H. 32 6' MEDIAN MCDONOUGH LAKE DAKOTA COUNTY ID: 10-03500-02-010 DAKOTA COUNTY ID: 10-03500-01-010 KRONE, KIETH BLAIR, BONNIE & ID: 10-44350-00-170 & PEGGY KENNON, MICHAEL ID: 10-44350-00-160 ZEILINGER, ZACHARY ID: 10-44350-00-150 OVERHEAD POWER LINE PROPOSED GREAT RIVER ENERGY 15' 12.5' THRU LANE 5' BLVD 5' BLVD 5' BLVD 12' 16' 14 ' SHLD TUNNEL LOCATION 5 ' BLVD 12' 15' FARHAD & MARIA NEZAMI ID: 10-02600-56-010 KAREN BUENDORF RANDAL BUENDORF & ID: 10-44350-00-180 16'PAUL S OVERBY ID: 10-02600-77-030 L CORPMAN NATHAN P & BRENDLE ID: 10-02600-77-021 D 17 18 19 20 21 22 bmi.tblH:\DACO\T42117145\CAD\MS\layouts\CSAH 32 (Cliff Rd)_Design Geometric Layout_11X17_003.dgn4:41:46 PMpdf-color.pltcfgbenul2/26/2020CP 32-87 - CLIFF ROAD STUDY AH32EB5 9.21 71.562 71.454 2' 8' 0.00' 4.69 3.68 CURVE CSAH32EB6 PI 162+08.19 X 549,600.328 Y 216,056.397 T 214.51' L 428.98' R 11,500.00' PC 159+93.68 PT 164+22.65 CURVE CSAH32EB7 PI 168+01.80 X 550,193.986 Y 216,057.702 T 116.34' L 232.68' R 11,500.00' PC 166+85.46 PT 169+18.14 CURVE CSAH32EB8 PI 171+91.02 X 550,583.115 Y 216,066.432 T 272.88' L 545.66' R 11,500.00' PC 169+18.14 PT 174+63.80 SAH32WB5 68.33 274.018 105.680 76' 51' 87.50' +80.57 +56.08 CURVE CSAH32WB6 PI 163+91.95 X 549,797.567 Y 216,114.831 T 87.95' L 175.89' R 11,512.50' PC 163+04.01 PT 164+79.90 CURVE CSAH32WB7 PI 170+94.42 X 550,500.036 Y 216,116.375 T 351.73' L 703.23' R 11,500.00' PC 167+42.70 PT 174+45.93 160 165 170 160 165 170 PT. 174+63.80PT. 174+45.93PRC. 169+18.14PC. 166+85.46PC. 167+42.70PT. 164+79.90PC. 163+04.01PT. 164+22.65PRC. 159+93.68PT. 159+56.08FEETSCALE 1000 200 20'20' 2 0' 20'20' 20'20' 20 '8' SHLD 8' SHLD 22'22'22'22' 1 4' T HR U L ANE 1 4' T HRU L ANE ENAL URHT '41 8' SHLD 8' SHLD 14' THRU LANE 14' THRU LANE 10' TRAIL 10' TRAIL 10' TRAIL 1 0' T R AI L 1 0' T RAI L 10' TRAIL 10' TRAIL 14' THRU LANE 14' THRU LANE 8' SHLD 8' SHLD 1:10 1:151:15 1:10 1:101:15 14' RT TURN LN 14' LT TURN LN 12' THRU LANE 14' LT TURN LN 14' THRU LANE 8' SHLD 14' RT TURN LN 12' THRU LANE 10' BLVD 10' TRAIL 10' TRAIL 10' TRAIL 10' TRAIL 14' THRU LANE 8' SHLD 10' BLVD 8' BLVD 28' 32' 1:15 14' 12' 14' 12' EXISTING LANE 12' EXISTING LANE 14' E XIS TI N G L A N E 1 4' E XI S TI NG L ANE DODD RDWOODLAND WAY SHELERUD DR D ODD R D HAY LAKE RD S OVERHILL RD CARIBOU LNWHITETAIL W AY N HAY LAKE RD O A K P O N D R D N HAY LAKE RDC.S.A.H. 32 C.S.A.H. 32 10' BLVD 10' BLVD 1:15 LEBANON HILLS 12' THRU LANE12' THRU LANE E N A L G NITSIXE '41 E N A L G N ITSIXE '41CONNECTION POTENTIAL TRAIL EN A L URH T '41 OVERHEAD POWER LINE PROPOSED GREAT RIVER ENERGY 5' BLVD OVERPASS LOCATION FUTURE PEDESTRIAN DAKOTA COUNTY ID: 10-03600-29-010 MCLAUGHLIN HOLDINGS, INC ID: 10-03600-25-028 Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA L. Water Meter Replacement/Repair Program Surcharge Appeals Action To Be Considered: Approve Water Meter Replacement/Repair (R/R) Program (City Code 3.05) surcharge appeals. 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, in essence, implemented the Water Meter Replacement/Repair (R/R) Program to ensure accurate water use measurement and payment. ➢ Part of the amendment, and accordingly the Water Meter R/R Program, incorporated a fee schedule that provided for a surcharge to be placed against utility billing accounts for those properties that either didn't schedule an inspection or did not bring the identified deficiency into compliance 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 recommendations back to the Council under the Consent Agenda. Staff has received requests from the following property owners who want to appeal a related surcharge. A Public Works Committee meeting scheduled for April 7, 2020, was cancelled due to consequences of the COVID -19 pandemic. Due to the delay in the ability to consider said appeals, the City Attorney has indicated direct consideration by the City Council would be appropriate. Council approval of the appeals would waive the associated surcharges. ➢ The following surcharge appeals are being presented for Council action. The properties have been found to be in compliance with City Code regarding the Water Meter R/R Program. o Signpost Homes, Inc., 1703 Nokia Way : Water Meter Program – Remove $150 surcharge (utility account) o Jennifer Venning, 4475 Woodgate Court: Water Meter Program – Remove $150 surcharge (utility account) o Greg Gigliotti, 4064 Mica Trail: Water Meter Program – Remove $150 surcharge (utility account) o Lance Robinson, 1904 Carnelian Lane: Water Meter Program – Remove $150 surcharge (utility account) Agenda Information Memo May 5, 2020 Eagan City Council Meeting o Linda Knutson, 1257 Dunberry Lane : Water Meter Program – Remove $150 surcharge (utility account) Attachments (0) Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA M. Antennae – Radio, Satellite, Microwave and PCS Fee Schedule Amendment Action To Be Considered: Approve an Amendment to the Fee Schedule: Antennae – Radio, Satellite, Microwave and PCS for Lease/Rent Rates. Facts: ➢ In 2016, the Fee Schedule for lease/rent rates for telecommunication antennas and facilities was changed from a pricing structure based on the number of antennas to a dimensioned area of both tower and ground space. The change was made to treat the lease sites more like real estate rental areas. ➢ Wireless technology has been changing at an incredible pace. Staff does not have the time to track the technology changes. Equipment technology improvements have allowed multiple antennas to be housed in a single structure making the old fee structure difficult to apply. ➢ As telecommunication projects have been proposed, it has become apparent the current real estate rental areas, on both the tower and ground, are too restrictive and are requiring carriers to pay significant additional rent. ➢ To allow pending projects to continue and improve wireless service for the public, staff is recommending a temporary revision to the City’s Fee Schedule for telecommunication facilities, changing back to the previous language, while staff further investigates lease areas and appropriate pricing of both tower and ground spaces. ➢ The proposed Fee Schedule revision has been reviewed by the Public Works Department and City Attorney’s office and found to be in order for favorable Council consideration. Attachment (1) CM-1 Fee Schedule Language Change Current: Antennae – Radio, Satellite, Microwave and PCS: One-time fees: Application & Frequency Analysis 666.00 per site xxxx.4618 Site survey review 666.00 per site xxxx.4618 Administrative Process 3,704.00 per site minimum xxxx.4617 This is the cost for City staff and does NOT include contracted engineering or attorney costs Landscaping 3,704.00 per site xxxx.4619 Lease/rent rates: Vertical (side of tank/tower, includes three 10’ x 10’ 45,567.00 per site per year xxxx.4620 vertical areas and one 10’ x 20’ ground area) Each additional 4’ x 10’ area 5,068.00 per site per year xxxx.4620 Horizontal (top of tank/tower) Each 3’ x 3’ horizontal area 596.00 per site per year xxxx.4620 1-3 microwave/satellite dishes or whip 45,567.00 per site per year xxxx.4620 antennae (includes up to 3 antenna panels and one 10’ x 20’ ground area, maximum dish size – 24” diameter) Ground space only Minimum area - 16 sq. ft. 912.80 per site per year xxxx.4620 Additional area (rounded up to a whole number) 57.10 per square foot per year xxxx.4620 Interior space 113.80 per square foot per year xxxx.4620 Monopoles varies depending on size/location Scheduled after-hours work (M-F 7:00 am to 3:30 pm) OT labor rate + 15% admin fee (maximum admin fee Call-out – 2.5 hour minimum of $60.00) Proposed (similar to 2016 Fee Schedule language): Antenna – Radio, Satellite, Microwave and PCS: One-time fees: Application & Frequency Analysis 666.00 per site xxxx.4618 Site survey review 666.00 per site xxxx.4618 Administrative Process 3,704.00 per site minimum xxxx.4617 This is the cost for City staff and does NOT include contracted engineering or attorney costs Landscaping 3,704.00 per site xxxx.4619 Lease/rent rates: Vertical (side of tank/tower, includes 1-9 antenna panel) 45,567.00 per site per year xxxx.4620 Each additional antenna panel 5,068.00 per site per year xxxx.4620 Horizontal (top of tank/tower) Each 3’ x 3’ horizontal area 596.00 per site per year xxxx.4620 1-3 microwave/satellite dishes or whip 45,567.00 per site per year xxxx.4620 antennae (includes up to 3 antenna panels, maximum dish size – 24” diameter) Ground space only Minimum area - 16 sq. ft. 912.80 per site per year xxxx.4620 Additional area (rounded up to a whole number) 57.10 per square foot per year xxxx.4620 Interior space 113.80 per square foot per year xxxx.4620 Monopoles varies depending on size/location Scheduled after-hours work (M-F 7:00 am to 3:30 pm) OT labor rate + 15% admin fee (maximum admin fee Call-out – 2.5 hour minimum of $60.00) Agenda Information Memo May 5, 2020, Eagan City Council Meeting CONSENT AGENDA N. Approve Action to not waive the monetary limits on municipal tort liability Action To Be Considered: To approve action to not waive the monetary limits on municipal tort liability. Facts:  Each year at the time of the renewal of the City’s property/casualty insurance policies, the City Council is asked by the League of Minnesota Cities Insurance Trust (LMCIT) to take formal action to “waive” or “not waive” the statutory tort limits to the extent of the insurance coverage being purchased.  Minnesota Statutes provide the maximum liability of any municipality on any claim to be $500,000 when the claim is for death by wrongful act or omission and $500,000 to any claimant in any other case and $1,500,000 for any number of claims arising out of a single occurrence. These limits do not cover MN Statutory Liquor and Federal Laws (civil rights and disabilities).  The City is annually provided an option to purchase excess liability coverage, in effect raising the statutory limits. However, because the statutory limits have been upheld in numerous court cases and because of the relatively high premium costs, Eagan has chosen over the past number of years not to purchase any excess liability coverage.  Choosing not to waive the statutory tort limits means that an individual claimant could potentially recover no more than $500,000 on any claim to which the statutory tort limits apply. The total that all claimants could potentially recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000.  Staff has not done a survey, but in discussing the issue with the City’s insurance agent there does not appear to be a consistent conclusion reached by the various cities insured by the LMCIT as to either purchase excess liability coverage and/or to waive or not waive the tort limits. Individual City philosophies and financial situations are most important in informing the decision. While staff has not requested a complete legal analysis of the issue, the City Attorney sees the decision to waive or not waive the tort limits as a matter of public policy for the City Council to decide. Attachments: (0) Agenda Information Memo May 5, 2020, Eagan City Council Meeting CONSENT AGENDA O. Variance – 3540 Federal Drive, Jonathan McCabe Action To Be Considered: To approve a one-year extension of the Variance approval of 10-feet to the required 40-foot structure setback from Duckwood Drive, upon property located at 3540 Federal Drive. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The City Council approved the Variance on April 16, 2019. City ordinance allows one year to implement a Variance. ➢ The applicant is proposing to construct a 4,000-square foot dental office building on the site, and the Variance allows a reduced building setback from 40 feet to 30 feet from Duckwood Drive. ➢ The site is a remnant parcel that resulted from the construction of the Duckwood Drive bridge over I-35E. The City declared the parcel surplus in 2018 and the applicant subsequently acquired it. ➢ The applicant still intends to utilize the property, however, is not ready to begin construction at this time. ➢ The written extension request is attached. Issues: ➢ None Attachments: (2) CO-1 Location Map CO-2 Extension Request F L IC K E R CR KOLSTADLNASHBURYROADTOWNCENTREDRIVEFEDERALDRIVE DREXEL CTDEN M A R KAVEB L A C K H A WKRDGCIRB O A R D W A L K BLACKHAWK RIDGE WAYB LACKHAW KCRESTVIEW LN DONALD CO U RTBLACKHAWK LAKE CTTOWN CENTRE DR C.S.A.H.NO.31(PILOTKNOBROAD)M U R P H Y PARKWAY CTK INGSWOODROADROCKY LNCRESTRIDGE DRDRESDEN CT DEERCLIFF DENMAR K T R A I L DENMARKAVEAS H B URY CT WIDGEONWAYBIRCHPONDRDB L ACK HAWKC O VE BLACKHAWKPTCUTTERS LANE LEMIEUX CIR DENMARK CTWESTCOTT R O A D NORWEST LAKEVI E WCURVEST.CHARLESPLACEKINGS WOODCT CRESTRIDGE LANE DENMARKAVEASHBURYPLACEWESTCOTT R O A DBLACKHAWKLAKEDRKRESTWOOD LNCOACHMANROADDREXEL CTSHERMAN COURTSURREYHEI GHTSD R IV E BLACKHAWKLAKEDRVIOLET LANE PARK P L C.S.A.H. NO. 31 (PILOT KNOB ROAD)ASHBURY ROAD HUNT DRIVE COACHMANROADFEDERALDRIVEDUCKWOOD DR M O U R N IN G D O V ECTKINGSW O O D LN ENGLERT RD L AKEVIEWTRAIL BLACKHAWKRIDGEPL DRESDEN WAYCOACH M A NROADL A N E PACIFICAVE FEDERAL DRIVEHAWK PL.BOARDWALKDEERCLIFF CTCOUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)MERGANSER CTTANANGER C TC.S.A.H. NO. 31 (PILOT KNOB ROAD)DUCKWOOD DRFEDERAL DRIVEBRAUN CT LAKEDRCOACH M A NROADPINECREST CTW IN D C R E S T AV E QUARRY RD COUNTY ROAD NO.28 (YANKEE DOODLE ROAD)TIMBERSHORELANEBLACKHAW K LAKE PLBLACKH A W K R ID G E C T DENMARK AVEWA S HINGTONDRIVEWINDCREST COURTKOLSTAD ROADCROSSROADCT.DENMARK AVE81ST ST W CENTURY POINT B L ACKHAW K HILLS RD CRESTRI DG E C T KIN G S C R ESTLAKEVIEWCURVEASHBURYPL DE NMARK CTDENMARK AVEKINGSWOODROADBALTICAVEBlackhawkPark FishLakePark Quarry Park Park WindcrestPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: Jo nathan McCabeRequest: VarianceCase No.: 16-VA-01-03-19 Subject Site From:Pam Dudziak To:Pam Dudziak Subject:FW: Duckwood property - Eagan Date:Monday, March 30, 2020 3:04:55 PM Attachments:image001.png From: Jonathan McCabe <jonathan.c.mccabe@gmail.com> Sent: Monday, March 30, 2020 2:43 PM To: Jill Hutmacher <jhutmacher@cityofeagan.com> Subject: Re: Duckwood property - Eagan Good afternoon, Ms. Hutmacher. Thank you for your note above. My colleagues and I met this morning, and we would like to formally and politely require for an extension on the Variance as well as on extension on the deadline for the Repurchase Agreement regarding the Duckwood Drive site. Especially given the circumstances with this COVID-19 pandemic, moving forward with construction would not only be difficult but questionable given the recommendations of the CDC and our federal and local governments. Thank you for your consideration regarding this matter. Please keep yourself and your family safe and healthy, Jonathan Jonathan C. McCabe, DMD, MD Advanced Oral Surgery Cell: 507-327-9574 Email: jonathan.c.mccabe@gmail.com On Sat, Mar 28, 2020 at 3:21 PM Jill Hutmacher <jhutmacher@cityofeagan.com> wrote: Dr. McCabe: The Variance and Repurchase Agreement for the Duckwood Drive site have an expiration/deadline on April 16. The agreements would need to be extended/amended at the April 7, 2020 City Council meeting. What are your plans and schedule for this site? The agenda for the April 7 meeting will be finalized on Tuesday, so I need to know what you would like to do as soon as possible. Jill Jill HutmacherDirector of Community Development3830 Pilot Knob Rd | Eagan, MN 55122Office: 651-675-5653https://www.cityofeagan.com Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA P. Approve Change Order #1 For ETV Studio Cameras Action To Be Considered: Approve change order #1 with Audio Visual Inc for their work on Eagan Television’s studio cameras. Facts: On December 17, 2019 Council approved a contract with AVI Systems Inc. (AVI) to purchase and install new cameras for Eagan Television’s studio During installation AVI discovered an additional device was needed to give the cameras their designed functionality. Purchasing the additional device and integrating it into the camera system will cost an additional $3,064. The change order would raise the total cost of the contract to $149,629, which is less than the $182,000 budgeted in the 2019 CIP. Attachments: (1) CP-1 AVI studio camera change order #1 Change Order AVI Systems Inc., 9675 W 76th St Eden Prairie, MN, 55344 | Phone: (952)949 -3700, Fax: (952)949-6000 Proposal Number: 1007873 Proposal Date: April 16, 2020 Prepared For: Eagan, City of Change Order: CCO Adding CNA-1 Camera Control Attn: Mike McIntee Customer PO: Mike Maguire Prepared By: Renea Dalton Project: City of Eagan - ETV New Studio Cameras Phone: (952)949-6040 Project Number: 952064 Email: renea.dalton@avisystems.com Attn: Mike McIntee Attn: Mike McIntee Eagan, City of ETV - Thomson Reuters 3830 Pilot Knob Road 610 Opperman Drive Eagan, MN, 55123 Eagan, MN, 55123 Phone: (651)675-5023 Phone: (651)675-5023 Email:mmcintee@eagan-tv.com Email: mmcintee@eagan-tv.com Customer Number: 14345 COMMENTS PRODUCTS AND SERVICES SUMMARY Equipment $1,546.88 Integration $1,477.51 PRO Support $0.00 Shipping & Handling $40.00 Tax $0.00 Grand Total $3,064.39 SERVICES TO BE PROVIDED Adding CAN-1 from Sony to the system for camera control as designed. PRODUCTS AND SERVICES DETAIL PRODUCTS: Mfg Description Qty Price Extended install SONY Sony CNA-1 - Camera control adapter / protocol converter - for Sony HDC-1700, HDC- 1700 3G Package, H 1 $1,546.88 $1,546.88 On Site Integration $1,435.84 Integration Cables & Connectors $41.67 Sub-Total: install $1,477.51 BILL TO SITE Printed on April 16, 2020 Page 1 of 2 1007873 Sub-Total: $1,546.88 Total: $3,024.39 Refer to Page 1 for the Grand Total that includes Taxes, and Shipping & Handling. AGREED AND ACCEPTED BY Customer hereby accepts the above change to goods and/or services from AVI Systems, Inc and agrees to add this Change Order to the original Retail Sales Agreement. Unless stated otherwise in the "Change Order Summary" above, AVI will include all applicable taxes and delivery charges to the amount of each invoice. Pricing in this Change Order is valid for 30 days. Company Signature Printed Name Date CONFIDENTIAL INFORMATION The company listed in the “Prepared For” line has requested this confidential price quotation, and shall be deemed “Confident ial Information” as that term is defined in the T&Cs. This information and document is confidential and is intended solely for t he private use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party withou t the prior written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of A VI is a violation of this confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), you are not properly in possession of this document and you should immediately destroy all copies of it. Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA Q. Water System Cross-Connection Control Program Action To Be Considered: Approve a 3-year contract with HydroCorp Inc. in the amount of $42,420.00 for Cross Connection Cont rol Services and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢All public water systems are subject to potential losses or increases in pressure. When system pressure changes rapidly (e.g. water main break, fire hydrant use, etc.), the flow of water in nearby buildings has the potential to reverse with water leaving the buildings and returning to the public system. Contamination of the public potable water supply is possible due to unprotected plumbing conne ctions, or cross-connections, within buildings without backflow prevention. ➢On January 17, 2017, the Council approved an Ordinance Amendment to Section 3.20, Rules and Regulations Relating to Water Service , to enable a Cross Connection Control program. ➢On March 7, 2017, the Council approved a 3-year contract with HydroCorp Inc. for administering the City’s cross connection program and inspecting commercial facilities (initial phase). The program has identified 1 in 4 properties had equipment or connection violations. ➢The next phase of the Cross-Connection Control Program will include re- inspection of facilities based upon their potential hazard (determined from the initial phase) and address overdue compliance issues. ➢The new contract in the amount of $42,420.00 from HydroCorp Inc. has been reviewed by Public Works staff and found to be in order for favorable Council action. Attachments: (1) CQ-1 Contract 1 CITY OF EAGAN CONTRACT FOR SERVICES IT IS HEREBY AGREED THAT HydroCorp Inc. (“Contractor”) is to furnish services as herein stated for the CITY OF EAGAN, a Minnesota municipal corporation (“City”). City and Contractor agree that Contractor is an independent contractor and not an employee of City. Contractor further agrees to provide the services as set forth in the Request for Proposal attached hereto (“RFP”) and Contractor agrees that all terms of the RFP, General Conditions, and Contractor’s individual quote are incorporated into the agreement with City. Contractor shall comply with all terms and conditions set forth in the RFP and General Conditions, and if any terms of Contractor’s bid conflict with the RFP or General Conditions, the RFP or General Conditions shall control. Contractor shall indemnify and hold City harmless from any and all damages, liability, injury, disability costs, or expenses, including but not limited to attorney’s fees and court costs, arising out of or related to any work provided by Contractor or Contractor’s breach of the terms of its agreement with the City or Contractor’s breach of the terms of RFP, General Conditions, or Contractor’s quote. Contractor further hereby releases the City from any and all claims or liability arising out of or related to the work contemplated by the RFP, Contractor’s actions in connection therewith and the negligence of the City. This release of liability of the City does not include any injuries the Contractor incurs as result of willful or intentional misconduct by the City, its agents or employees. This agreement shall take effect upon its execution and shall remain in effect until December 31, 2022 at which time it shall be automatically terminated. This agreement is subject to termination by either party by notice in writing to the other, without cause. THE SERVICES TO BE PERFORMED UNDER TERMS OF THIS AGREEMENT BY CONTRACTOR ARE AS FOLLOWS: See attached RFP and General Conditions. CONSIDERATION TO BE PAID FOR SERVICES BY CITY SHALL BE: ________________________________________________________________________ [The remainder of this page has been intentionally left blank. Signature page to follow.] 2 IN WITNESS WHEREOF, the parties have entered into this agreement effective as of _________________, 20____ Contractor _________________________________ Independent Contractor City of Eagan By: __________________________ Its: Mayor By: ___________________________ Its: City Clerk City of Eagan, Minnesota Cross-Connection Control Program I. SUMMARY This program is a continued effort for an ongoing Cross-Connection Control Program and will provide the City of Eagan with the necessary data and information to maintain compliance with the Minnesota Department of Health and Minnesota Department of Industry and Labor Cross Connection Control Regulations. II. EXPECTATIONS The CITY OF EAGAN expects completion of the following service components within a three (3) year period: A. Provide a customized Cross Connection Control Plan/Policy binder for the City of Eagan (reference material). B. Perform inspections at approximately 1200 individual industrial, commercial, institutional facilities and miscellaneous water users within the City served by the public water supply for cross-connections (this includes City facilities). Compliance follow up visits are included in this scope of work and performed after the water customer has contacted the designated agent or the City with indication of corrected violations. An approximate total of 2,000 site visits including initial and necessary follow up compliance visits are forecasted for this scope of work. C. Inspector will survey exposed piping and utilize Isolation/Point of Use inventory method of surveying. The designated agent will document all existing backflow prevention devices and assemblies and verify proper installation. Documentation to include make, model, size, manufacturer, serial number, device location, and the process the device is protecting the public water supply against. Unprotected cross connection hazards will be documented for notification to water customer and the City. D. Facility “degree of hazard” and recommended re-survey frequency will be Page 2 of 6 RFP - 12/30/2016 determined after initial inspection. E. Perform administrative functions including: support via phone (either a toll free or local phone line administered by the designated agent), fax, internet, text or email; scheduling of inspections; mailing of all notices; verification of corrective action(s) requirements; providing general customer service associated with the program, and providing program education either over the phone, in person, or in a group setting (public awareness meeting). F. Generate all site inspection and backflow prevention assembly test notices, non-compliance notices and records/reports. Coordinate/monitor reporting of backflow prevention assembly testing compliance for all backflow prevention assemblies. Verification of backflow prevention assembly tester credentials & proper testing results for each testable assembly backflow preventer documented during site inspection. G. Document the required program data and generate compliance status reports. All program services shall be subject to complete recordkeeping. H. Conduct an annual review meeting with City staff to discuss overall program status and recommendations. I. Assist the CITY OF EAGAN with a community wide public relations program, including general awareness brochures and web site cross connection control program overview content and resources. III. SCOPE OF SERVICES The following is a list of expected services: 1. Provide complete cross-connection control program services and on site surveys including: A. Consultant will design and produce educational program literature, help to coordinate and participate in a Public Relations Program, and provide an up to 45-minute Cross-Connection Control Program Public Awareness meeting. Public Awareness meeting to shall be held at an appropriate municipal building. B. Consultant will provide 888 educational cross connection control brochures on Page 3 of 6 RFP - 12/30/2016 an annual basis to the City. C. Update the written comprehensive Cross-Connection Control Plan specific to the CITY. The plan will include plumbing code adoption, references, program intent, standard operational procedures, all program and notice documentation, reporting procedures (including daily, monthly & annually), backflow prevention device standards including detailed installation schematics, piping identification, and testing standards. Three (3) printed copies of current MN state plumbing code shall be provided. D. The Cross-Connection Plan will continue to include a recommended re- survey schedule for all facilities. The frequency for re-survey of each facility will be dictated by the designated degree of hazard for each facility surveyed (2 Year for High Hazard and 6 Year for Low Hazard). E. Schedule and notify customers of surveys and/or annual backflow preventer test records request in writing via U.S. Postal service. F. Provide full-time and Toll Free phone call in support for customer questions/appointments by an individual certified/trained in cross connection control with ASSE 5150 Backflow Prevention Program Administration. Phone will be staffed during normal business hours Monday through Friday. An automatic message service will be provided for after hour calls. G. Complete an annual minimum of 700 on-site Cross-Connection Control surveys of commercial, industrial, institutional and miscellaneous water customers. Verify the required test was performed by an ASSE 5110/5140 certified backflow tester. Verify any internal maintenance was performed by an ASSE 5130 certified backflow prevention rebuilder. An ASSE 5120 Cross- Connection Control Surveyor is considered qualified by the City to investigate all potable water outlets for actual or potential connections. Between a potable water supply and sources of contamination or pollution. The total number of surveys will include initial and compliance follow up visits when required. H. All existing backflow prevention devices & assemblies, (i.e. testable & non- Page 4 of 6 RFP - 12/30/2016 testable) must be inspected for proper installation, inventoried and documented. Documentation to include size, make, model, serial number, regulated object number and location on site of survey. I. Generate all program postal notifications for non-compliant building owners informing them of installation requirements or required corrective action. Specific Uniform Plumbing Code reference and written corrective action instructions shall be included for each non‐compliant building record. J. Provide access to live/real time facility compliance status reporting to the CITY on a secure website. Status reports will be available on-line and include the number of surveys completed, notices sent, tests overdue, surveys overdue, a listing of surveys and re-surveys scheduled for the upcoming period, upcoming notifications, a list of facilities in, or not in, compliance. Each facility record shall provide itemized details of all backflow prevention assemblies, devices and methods documented during a completed survey. K. Prepare an annual Cross-Connection Control report that includes a program summary, to include a detailed facility listing to include address, re-survey frequency, listing of compliant and non-compliant facilities, total number of surveys completed, sites never inspected, vacant facilities, listing of all testable devices and total number of program notifications sent. L. Provide four on site progress review meetings per year with the CITY’s designated representative to discuss program status, specific recommendations and a suggested action plan. 2. Provide complete data management. All Cross Connection Survey and Backflow Prevention Tracking information and records shall be property of the City and will be made available for access by the CITY when requested. Any other use or sharing is strictly prohibited. Software package will be approved by the CITY and able to produce at a minimum the following reports and notices: A. Standard notices to include, survey, re-survey, testing, non-compliance and compliance notices. B. Produce management reports for notices, inventory of devices, device tests, Page 5 of 6 RFP - 12/30/2016 survey schedules, device test schedules, overdue surveys, and device test forms. C. Schedule survey and follow up surveys from internal records, standard procedures, and timing as necessary for compliance. D. Automatically access all data relevant to a particular facility or period of time. E. Generate an Annual Cross Connection Control Report and supporting documents for MDH Sanitary Surveys. F. Provide a comprehensive summary of all cross-connection surveys completed, compliance status and test records in Excel Format. 3. Avoid any conflict of interest. The Consultant shall not offer or advertise to City water customers for plumbing products, the installation of plumbing or testing/repair of backflow prevention assemblies during the contract period for up to 365 days after end of project. 4. Expect the City to supply appropriate information. The City of Eagan will provide the consultant with a complete, accurate, and applicable water customer account listing. IV. CONTRACT EXECUTION Insurance - The Consultant shall provide to the City an insurance certificate, issued by an insurance company of good standing and authorized to do business in Minnesota, evidencing the insuring of liability arising out of the performance of professional services for the City in an amount of at least $2,000,000; and stating that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insured’s intention to cancel the insurance. The Consultant agrees that the deductible within its professional liability insurance policy shall not exceed $750,000.00. The Consultant shall maintain, and provide to the City proof of coverage, the statutory minimum Workers Compensation insurance coverage as required by Minnesota state law. The Consultant shall maintain, and provide to the City proof of coverage, automobile liability insurance to include all owned (private passenger and other than private passenger), hired and non-owned vehicles to be utilized in the performance of services under this Agreement with limits of coverage shall not be less than $1,000,000 per Page 6 of 6 RFP - 12/30/2016 occurrence. Hold Harmless Clause - The consultant shall, upon execution of the agreement, agree to assume all liability to protect, indemnify and save the CITY, its agents, officers, and employees harmless from and against all actions and attorney fees for the injuries to, or death of, any person or persons whomsoever, including the parties hereto, and their agents. The CONSULTANT shall pay, settle, compromise, and procure the discharge of any and all claims and losses, damages, and expenses. No employee of the CONSULTANT shall at any time be considered an agent or employee of the CITY. Subletting - The CONSULTANT shall not sublet or assign any portion of the contract. Safety - The CONSULTANT shall comply with all Federal, State and local laws and regulations governing the furnishing and use of all safeguards, safety and devices, and protective equipment, and take any other needed actions on his own responsibility as necessary to protect the life and health of employees on the job and the safety of the public and to protect property during the agreement. Workmanship - Only personnel trained and experienced in the various aspects of applicable operation as required herein shall perform all contractual services. The CONSULTANT may not offer to sell plumbing products or installation services to a facility on the water customer account listing. Conflict of Interest – The CONSULTANT shall not offer or advertise within the CITY for plumbing products, the installation of plumbing or testing of backflow prevention assemblies during the contract period. Work Product - All information generated by CONSULTANT remains the property of the CITY. GENERAL CONDITIONS INDEX PAGE SECTION 1 - OWNER-OWNER- CONTRACTOR RELATIONS GC-1 SECTION 2 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS GC-3 SECTION 3 - MATERIALS, EQUIPMENT & WORKMANSHIP GC-4 SECTION 4 - INSURANCE, LEGAL RESPONSIBILITY, PUBLIC SAFETY & MISCELLANEOUS GC-6 SECTION 5 - MEASUREMENT & PAYMENT GC-8 SECTION 6 - CHANGES IN THE WORK GC-10 SECTION 7 - CHANGE OF CONTRACTOR’S COMPENSATION GC-11 SECTION 8 - SUSPENSION OF WORK & TERMINATION GC-12 SECTION 9 - GENERAL GC-13 GC-1 City of Eagan SECTION 1 OWNER-OWNER-CONTRACTOR RELATIONS 1.1 DEFINITIONS AND DESIGNATION OF PARTIES Owner: The City of Eagan, Minnesota, acting through the City Council. City: The City of Eagan, Minnesota, Owner and party to the contract. Contractor/ Bidder: The bidder making a contract with the Owner to undertake work under these Contract Documents. Contract: This Agreement. Contract Documents: As defined in Article VI of the Information to Bidders. Work: Execution of duties and tasks, furnishing of labor, materials and miscellaneous associated items; and constructing and installing improvements and equipment – all as described in the Contract Documents. Project: The sum of all of the work necessary to complete the Contract. 1.2 RESPONSIBLE CONTRACTOR In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes §16C.285), Bidders are hereby advised that the City cannot award a construction contract in excess of $50,000 unless the contractor is a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. A Bidder submitting a bid for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes §16C.285, subdivision 3, by completing the Responsible Contractor Certificate within its bid. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the City. A Bidder must submit signed verifications from subcontractors upon the City’s request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. 1.3 ASSIGNMENT OF CONTRACT The Contractor shall neither sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of its right, title or interest therein, or its obligations thereunder, nor, if this Contractor is a corporate entity, sublet, sell, transfer or assign a majority of the outstanding shares of stock in the corporation, without prior written consent of the Owner. In case written consent is given, the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall perform, with its own organization, Work amounting to not less than 50 percent of the total original contract cost. No subcontracts or transfer of contract or corporate stock shall release the Contractor of its liability under the Contract or bonds. 1.4 SEPARATE CONTRACTS The Owner may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other contractors with regard to storage of materials and execution of their Work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting its Work and to report to the Owner any irregularities which will not permit it to complete its work in a satisfactory manner. Contractor’s failure to notify the Owner of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive its Work. The Contractor shall not be responsible for defects of which it could not have known, which develop in the work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Owner immediately any difference between completed work by others and what is provided in the Contract Documents. 1.5 SUBCONTRACTS Nothing herein shall create any legal relationship between the Owner and any subcontractor, and no subcontractor shall have any rights under this Contract with the Owner. The Contractor's award of subcontracts shall be subject to the following: 1.5.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of any subcontractors proposed for the Work. GC-2 City of Eagan Subcontractors may not be changed except at the request or with the consent of the Owner. Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute against whom Owner may have reasonable objection. A subcontractor or other person or organization identified in writing to Owner by Contractor prior to the award by the City of the Contract (“Notice of Award”) and not objected to in writing by Owner prior to the Notice of Award will be deemed acceptable to Owner. Acceptance of any subcontractor, other person or organization by Owner shall not constitute a waiver of any right of Owner to reject defective Work. If Owner after due investigation has reasonable objection to any subcontractor, other person or organization proposed by Contractor after the Notice of Award, Contractor shall submit another acceptable subcontractor at no change in the Contract Price. Contractor shall not be required to employ any subcontractor, other person or organization against whom Contractor has reasonable objection. 1.5.2 Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create any contractual relationship between Owner and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any moneys due any subcontractor or other person or organization, except as may otherwise be required by law. Owner may furnish to any subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. 1.5.3 All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Owner and contains waiver provisions as required by Paragraph 4.1. 1.6 ORAL CONTRACTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 1.7 NONDISCRIMINATION IN EMPLOYMENT For Work under this Contract the Contractor must agree: A. That in the hiring of common or skilled labor for the performance of any Work under this Contract or any subcontract hereunder, no contractor, material supplier or vendor shall, by reason of race, creed, color or national origin, discriminate against the person or persons who are qualified and available to perform the Work to which such employment relates; B. That no Contractor, material supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent or conspire to prevent any person or persons from the performance of the Work under this Contract on account of race, creed, color or national origin. C. Violation of this section shall be cause for cancellation or termination of this Contract. 1.8 DECISIONS ON DISAGREEMENTS 1.8.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract documents shall be referred initially to the Owner for decision which he will render in writing within a reasonable time. 1.8.2 Any claim dispute, disagreement or other matter that has been referred to the Owner, except any which has been waived by the making or acceptance of the final payment, shall be subject to the dispute resolution provisions under Paragraph 1.9 below. 1.9 DISPUTE RESOLUTION/VENUE CLAIMS 1.9.1 All claims, disputes and matters in questions arising out of, or relating to, this Contract or the breach thereof, except for claims which have been waived by the Contractor, by the making or acceptance of final payment, shall be brought in the Dakota County District Court, Dakota County, Minnesota. Provided, however, that the Contractor must commence any action within one (1) year of its accrual. Provided further that Contractor waives its right to pursue any claim upon its acceptance of final payment. Notwithstanding anything contained herein to GC-3 City of Eagan the contrary, Owner may pursue, any claim arising out of or relating to this Contract, within the applicable statues of limitation. 1.9.2 This Contract is accepted in and shall be construed in accordance with the laws of the State of Minnesota. 1.9.3 The Contractor shall carry on the Work and maintain the progress schedule during any District Court proceeding, unless otherwise agreed by him and the Owner in writing. SECTION 2 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS 2.1 LANDS BY OWNER The Owner shall provide, not later than the dates stipulated by the Contract, the lands shown in the Contract Documents upon which the Work under the Contract is to be performed. The Owner shall also provide rights-of-way for access thereto. Any unreasonable delay in furnishing these lands by the Owner shall be deemed proper cause for adjustment in the time of completion. The Contractor shall not store materials or equipment on the surface of public streets between the hours of 10:00 pm and 7:00 am for streets that are open to traffic, unless specifically authorized in writing by the Owner. 2.2 LANDS BY CONTRACTOR Any additional land and access thereto not shown in the Contract Documents that may be required for temporary construction facilities or for storage of materials and equipment shall be provided by the Contractor with no liability to the Owner. The Contractor shall confine its apparatus and storage of materials and operation of its workmen to those areas described in the Contract Documents and such additional areas which it may provide at its expense. 2.3 PRIVATE PROPERTY The Contractor shall not enter upon private property for any purpose without obtaining permission from the Owner thereof, and it shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall protect carefully from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 2.4 SURVEYS The Owner shall establish all base lines for the location of the principal component parts of the Work together with a suitable number of benchmarks adjacent to the Work. The Contractor shall be responsible for carefully preserving bench marks, reference points and stakes, and, in the case of destruction thereof resulting from its negligence or otherwise, the Contractor shall be charged with the expense of the Owner’s Owner for re-establishing said control and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. 2.5 UTILITIES The Contractor shall be solely responsible for verifying the exact location of all utilities. Prior to the start of any construction, the Contractor shall notify all utility companies having utilities in the Project area and coordinate its Work with all utility companies. The Contractor shall have sole responsibility for providing temporary support and for protecting and maintaining all existing utilities in the Project area during the entire period of construction, including but not limited to the period of excavation, backfill and compaction. In carrying out this responsibility, the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental displacement, rupture or other failure. 2.6 INVESTIGATIONS The Contract Documents may reference reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting the cost, progress or performance of the Work which have been relied upon by Owner in preparation of the Contract Documents. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 2.7 UNUSUAL CONDITIONS Contractor shall promptly notify the Owner in writing of any subsurface or latent physical conditions at the site or in an GC-4 City of Eagan existing structure differing materially from those indicated or referred to in the Contract Documents. Owner will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Within a reasonable time thereafter, Owner shall obtain the necessary additional investigations and tests and furnish copies to the Owner and Contractor. If Owner finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor, a Change Order may be issued incorporating the necessary revision. SECTION 3 MATERIALS, EQUIPMENT AND WORKMANSHIP 3.1 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 3.1.1 All materials used in the Work shall be new and of good quality unless otherwise provided for in the Contract Documents, shall meet the requirements of the Technical Specifications, and shall not be incorporated into the Work until reviewed by the Owner. If required by Owner, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 3.1.2 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. 3.2 STORAGE OF MATERIALS Materials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the owner or lessee thereof. 3.3 CONTRACTOR'S SUPERINTENDENTS AND WORKERS 3.3.1 A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed by the Owner in writing. Other communications shall be so confirmed upon written request of the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the subcontractors. When required, the superintendent shall be present on the site to perform adequate supervision and coordination. 3.3.2 The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any subcontractors. All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or worker employed by the Contractor or subcontractor who does not perform work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall be discharged immediately and shall not be employed again in any portion of the Work. 3.4 WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in Paragraph 3.8. 3.5 ACCESS TO WORK Owner and Owner's representatives, other representatives of Owner, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide proper and safe conditions for such access. 3.6 TESTS AND INSPECTIONS 3.6.1 Contractor shall give Owner timely notice of readiness of the Work for all required inspections, tests or approvals. 3.6.2 Contractor shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals not required by the Contract Documents shall be paid by Owner (unless otherwise specified). GC-5 City of Eagan 3.6.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations selected by or acceptable to Owner . 3.6.4 If any Work that is to be inspected, tested or approved is covered without written concurrence of Owner, it must, if requested by Owner, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Owner timely notice of Contractor's intention to cover such Work and Owner has not acted with reasonable promptness in response to such notice. If it is found that such Work is defective, Contractor shall bear all the expenses of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. 3.6.5 Neither observations by Owner nor inspections, tests or approvals by others shall relieve Contractor from its obligations to perform the Work in accordance with the Contract Documents. 3.7 OWNER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 3.8 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Owner, Contractor shall promptly, without cost to Owner and as specified by Owner, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner, remove it from the site and replace it with nondefective Work. 3.9 TWO-YEAR CORRECTION PERIOD If within two years after the date of final acceptance of the Project or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with nondefective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 3.10 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Owner's recommendation of final payment, also Owner) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Owner's recommendation of final payment, a modification to the Contract (a “Change Order”) shall be issued incorporating the necessary revision in the Contract Documents, including appropriate reduction in the Compensation to the Contractor; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. 3.12 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Owner to proceed to correct defective Work or to remove and replace rejected Work as required by Owner in accordance with Paragraph 3.8, or if Contractor fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule) Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such access to the site as may be necessary to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount verified by Owner, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contractor’s Compensation. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights hereunder. GC-6 City of Eagan SECTION 4 INSURANCE, LEGAL RESPONSIBILITY PUBLIC SAFETY AND MISCELLANEOUS 4.1 INSURANCE 4.1.1 General: The Contractor shall not commence work under this contract until it has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the Owner and Owner. The Contractor shall not allow any subcontractor to commence work on its subcontract until all insurance required for the subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) days written notice to the Owner of intent to cancel. Each insurance policy shall contain a clause naming the Owner and any property owner affected by the Work as an additionally insured party under the policy. Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 30 days written notice to the Owner of intent to cancel. The certificates of insurance shall also specifically note the clause naming the Owner as an additionally insured party under the policy. A. Worker's compensation insurance and employer's liability insurance as required by law. B. Contractor's comprehensive general and automobile liability insurance, including coverage for non-owned and hired vehicles, in limits as follows: Commercial General Liability - Bodily Injury $1,500,000 each occurrence $1,500,000 each individual Property Damage $1,500,000 each occurrence Automobile Liability - Bodily Injury $500,000 each individual $500,000 each occurrence Property Damage $1,500,000 each occurrence C. Contractor may procure and maintain an Umbrella or Excess liability policy to cover the above insurance values. D. Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. E. Contractual Liability: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Owner and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. The Contractor, in addition to, and conformity with, all of the other requirements of this Section, will be required to indemnify the property owners from whom temporary construction easements were obtained and include said property owners as additional named insured on the appropriate insurance rider. Names of the property owners, along with other required information, will be provided to the successful bidder after the Contract has been awarded. 4.2 PERMITS AND LICENSES All permits and licenses necessary for the prosecution of the Work shall be secured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges, governmental charges and inspection fees. 4.3 LAWS, REGULATIONS AND SAFETY 4.3.1 Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If Contractor observes that the Technical Specifications or Drawings are at variance therewith, it shall give Owner prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order or other Modification. If Contractor performs any Work knowing or being in a position to know it to be GC-7 City of Eagan contrary to such laws, ordinances, rules and regulations, and without such notice to Owner, it shall bear all costs arising therefrom; however, it shall not be its primary responsibility to make certain that the Contract Documents are in accordance with such laws, ordinances, rules and regulations. 4.3.2 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: A. All employees on the Work and other persons who may be affected thereby; B. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 4.3.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, it shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. Contractor shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Section 4.3.2.B and C caused, directly or indirectly, in whole or in part, by Contractor, any subcontractor or any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Owner has issued a notice to Contractor that Work is acceptable. 4.3.4 Contractor shall designate a responsible member of its organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 4.3.5 Contractor agrees to indemnify the Owner and their agents and employees against all claims, demands, losses, damages and expenses (including attorneys' fees) arising out of or resulting from the Contractor's violation of any safety law, regulation or code (including without limitation OSHA) or any other prudent precaution. 4.4 CROSSING UTILITIES, ETC. Where the prosecution of the Work results in the crossing of highways, railroads, streets or utilities under the jurisdiction of state, county, city or other public or private entities, the Contractor shall secure written permission from the proper authority to cross said highway, railroad, street or utility before further prosecuting the Work. A copy of the written document granting permission shall be filed with the Owner and Owner before any Work is done. The Contractor shall be required to obtain a written release from the applicable authority upon completion of the Work. A copy of this written release shall be filed with the Owner and Owner before final acceptance of the Work is granted. 4.5 PRESERVATION OF HISTORICAL OBJECTS 4.5.1 Where historical objects of potential archeological or paleontological nature are discovered within the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend its operations in the immediate area of the discovery as may be necessary to preserve the discovered objects until the Owner has made arrangements for their disposition or has recorded the desired data relative thereto. 4.5.2 The Contractor shall immediately notify the Owner of any historical objects it may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered by the Owner. No Work which the Contractor considers to be additional Work shall be performed without the written authorization of the Owner and an executed Change Order. 4.5.3 The Owner shall have the right to restrict or suspend the Contractor's operations in the immediate area where historical objects are discovered for a period not to exceed 72 hours, without claim being made by the Contractor for any damages it might suffer as a result thereof. Any restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mutually agreed to in writing. GC-8 City of Eagan SECTION 5 MEASUREMENT AND PAYMENT 5.1 REQUEST FOR PAYMENT The Contractor may submit periodically, but not more than one each month, documentation summarizing work completed to date in the performance of the Contract including measured quantities and associated unit prices in a tabulated format a (“Request for Payment”) for Work done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the following: A. The Contractor shall submit evidence to establish the Owner's title to such materials. B. Acceptable provisions have been made for storage. C. The Contractor shall provide and maintain insurance against all loss, theft, vandalism, damage and similar peril for the full value of the stored material. The insurance on the stored material shall name the Owner as insured. 5.2 OWNER’S ACTION ON A REQUEST FOR PAYMENT Within twenty (20) days of submission of any Request for Payment, the Owner shall: A. Review and approve the Request for Payment as submitted. The Owner may retain a percentage of payment in the amount up to five (5) percent (hereinafter “Retainage”) until final payment on the Contract. B. Approve such other amount as the Owner shall consider is due the Contractor, informing the Contractor in writing of the Owner’s reasons for approving the modified amount. C. Withhold the Request for Payment, informing the Contractor in writing of the Owner’s reasons for withholding it. Within thirty (30) days from the date of owner approval of a Request for Payment, the Owner shall: A. Pay the Request for Payment as approved by the Owner. B. Pay such other amount in accordance with Section 5.4 as the Owner shall decide is due the Contractor, informing the Contractor in writing of his reasons for paying the modified amount. C. Withholding payment in accordance with Section 5.4 informing the Contractor in writing of the Owner’s reasons for withholding payment. 5.4 CONTRACTOR’S OBLIGATIONS TO SUBCONTRACTORS The Contractor shall pay any subcontractor within ten days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and one-half (1-1/2%) percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time pursuant to this provision to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of one hundred ($100.00) dollars or more shall be ten ($10.00) dollars. For an unpaid balance of less than one hundred ($100.00) dollars, the Contractor shall pay the actual penalty due under this provision to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 5.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 5.4.1 The Owner may withhold payment in whole or in part to the extent necessary to protect the Owner from loss on account of any of the following causes. A. Violation of any of the terms of the Contract Documents B. Defective work not remedied, or completed work which has been damaged. C. Reasonable evidence indicating potential filing of claims by other parties against the Contract or Owner. D. Failure of the Contractor to make payments to subcontractors, materialmen or suppliers. E. Damage to the Owner or any other person. F. Contractor's unsatisfactory prosecution of the work. 5.5.2 When any of the above grounds for which payment is being withheld is removed, payment shall be made for the amount withheld. GC-9 City of Eagan 5.6 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Request for Payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in this Agreement referred to as "Liens"). 5.7 SUBSTANTIAL COMPLETION When Contractor considers the entire Work ready for its intended use Contractor shall, in writing to Owner, certify that the entire Work is substantially complete and request that Owner issue a certificate that Work is nearly complete (“Substantial Completion”). Within a reasonable time thereafter, Contractor and Owner shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Contractor in writing giving his reasons therefore. If Owner considers the Work substantially complete, Owner will prepare and deliver a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. If, after considering such objections, Owner concludes that the Work is not substantially complete, Owner will within fourteen days after submission of the tentative certificate notify Contractor in writing, stating his reasons therefore. At the time of delivery of the tentative certificate of Substantial Completion Owner will deliver to Contractor a written recommendation as to division of responsibilities pending final payment. Unless Owner and Contractor agree otherwise in writing and so inform Owner prior to issuing the definitive certificate of Substantial Completion, Owner's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. 5.8 PARTIAL UTILIZATION Use by Owner of completed portions of the work may be accomplished prior to Substantial Completion of all the Work subject to the following: Owner at any time may request Contractor in writing to permit Owner to use any part of the Work which Owner believes to be substantially complete and which may be so used without significant interference with construction of the other parts of their Work. If Contractor agrees, Contractor will certify to Owner that said part of the Work is substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter Contractor and Owner shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete, Owner will notify Contractor in writing with the reason therefore. If Owner considers that part of the Work to be substantially complete, Owner will execute and deliver to Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of Substantial Completion as to part of the Work, Owner will deliver to Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the definitive certificate of Substantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing. Owner shall have the right to exclude Contractor from any part of the Work which Owner has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. 5.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Owner will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 5.10 FINAL APPLICATION FOR PAYMENT After Contractor has completed all such corrections to the satisfaction of Owner and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents--all as required by the Contract Documents, and after Owner has indicated that the Work is acceptable (subject to the provisions of Section 5.11), Contractor may make application for final payment following the procedure for progress payments. The final Request for Payment shall be accompanied by all documentation called for in the Contract Documents, including IC 134 documentation and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner GC-10 City of Eagan or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, Contractor may furnish a Letter of Credit or other collateral satisfactory to Owner to indemnify Owner against any Lien. 5.11 FINAL PAYMENT AND ACCEPTANCE If, on the basis of Owner's observation of the Work during construction and final inspection, and Owner's review of the final Request for Payment and accompanying documentation--all as required by the Contract Documents, Owner is satisfied that the Work has been completed and Contractor has fulfilled all of its obligations under the Contract Documents, Owner will, within ten days after receipt of the final Request for Payment, indicate in writing the recommendation of payment and present the application for payment. Thereupon Owner will give written notice to contractor that the Work is acceptable subject to the provision of section 5.11. Otherwise, Owner will return the Request for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Request for Payment and accompanying documentation are appropriate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Owner so confirms, Owner shall, upon receipt of Contractor's final Request for Payment and recommendation of Owner, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required herein, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Owner with the Request for Payment for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Owner, nor the issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Owner pursuant to Sections 5.9 or 5.10, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 5.13 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: 5.13.1 A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Section 5.8 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; 5.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. SECTION 6 CHANGES IN THE WORK 6.1 CHANGE ORDERS Without invalidating the Contract, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract time, an equitable adjustment will be made as provided in Section 6 or Section 7 on the basis of a claim made by either party. 6.2 MINOR CHANGES Owner may authorize minor changes in the Work not involving an adjustment in the Contractor’s Compensation (as defined in Section 7.1) or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If Contractor believes that a Field Order justifies an increase in the Contractor’s Compensation or Contract Time, Contractor may make a claim therefor as provided in this Section 6. GC-11 City of Eagan 6.3 UNAUTHORIZED WORK Additional labor and materials beyond the Work undertaken without authorization of a Change Order will not entitle Contractor to an increase in the Contractor’s Compensation or an extension of the Contract Time, except in the case of an emergency. 6.4 OWNER RECOMMENDATIONS Owner shall execute appropriate Change Orders prepared by Owner covering changes in the Work which are required by Owner, or required because of unforeseen physical conditions or emergencies, or because of any other claim of Contractor for a change in the Contract Time or increased compensation which is recommended by Owner. 6.5 NOTICE OF CHANGE TO SURETY If notice of any change affecting the general scope of the work or change in the Contract prices is required by the provisions of any Payment or Performance Bond to be given to the surety, it will be Contractor's responsibility to so notify the surety, and the amount of any Payment or Performance Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to Owner. 6.6 CONCEALED CONDITIONS Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contractor’s Compensation shall be equitably adjusted by Change Order upon claim by either party made within ten (10) days after the first observance of the conditions. 6.7 CLAIMS FOR ADDITIONAL COSTS If the Contractor wishes to make a claim for an increase in the Contractor’s Compensation, it shall give the Owner written notice thereof within ten (10) days after the occurrence of the event-giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 6.8. No such claim shall be valid unless so made. If the Owner and the contractor cannot agree on the amount of the adjustment in the Contractor’s Compensation, it shall be referred to the Owner in accordance with Paragraph 1.8. Any change in the Contractor’s Compensation resulting from such claim shall be authorized by any Change Orders. If the Contractor claims that additional cost is involved because of, but not limited to, (1) any written interpretation of the Owner, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Work or (4) failure of payment by the Owner, Contractor shall make such a claim as provided herein. 6.8 WORK DURING AN EMERGENCY 6.8.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. In all cases it shall, as soon as practicable, notify the Owner of the emergency and it shall not wait for the instructions before proceeding to protect both life and property. 6.8.2 Any additional compensation or extension of time claimed by the Contractor on account of said emergency work shall be determined under Paragraph 6.7. SECTION 7 CHANGE OF CONTRACTOR’S COMPENSATION 7.1 CONTRACTOR’S COMPENSATION The “Contractor’s Compensation” constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at its expense without change in the Contractor’s Compensation. 7.2 CHANGE IN CONTRACT PRICE Any claim for an increase in the Contractor’s Compensation shall be based on written notice delivered to Owner and Owner within fifteen days of the occurrence of the event-giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless Owner allows an additional period of time to GC-12 City of Eagan ascertain accurate cost data. All claims for adjustment in the Contractor’s Compensation shall be determined by Owner if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contractor’s Compensation resulting from any such claim shall be incorporated in a Change Order. 7.3 BASIS OF CHANGE The cost or credit to the Owner resulting from a change in the Work shall be determined and mutually agreed upon in advance of performance of the change in Work in one or more of the following ways: 7.3.1 By mutual acceptance of a lump sum properly itemized. 7.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices shall include an allowance for Contractor's main office expense, overhead, profit and bond), or 7.3.3 By mutual acceptance of actual cost of the changed Work, plus an allowance for overhead, supervision and profit as subsequently agreed upon. The Owner shall have the right to examine, inspect, copy and audit the books and records of any Contractor or subcontractor making claim for reimbursement for costs and allowances hereunder in order to verify the accuracy, correctness, completeness and propriety of all costs and allowances claimed. 7.4 WORK PERFORMED BY SUBCONTRACTORS The Contractor's fees for Work performed by subcontractors shall be a minimum of 5% up to a maximum of 10% (as determined in the sole discretion of the Owner, for such Work where the Work performed by subcontractors is supervised by the Contractor) as compensation for all other costs and expenses including administrative overhead, profit and supervision. SECTION 8 SUSPENSION OF WORK AND TERMINATION 8.1 OWNER MAY SUSPEND WORK Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed, Contractor will be allowed an increase in the Contractor’s Compensation or an extension of the Contract Time, or both, directly attributable to any suspension if it makes a claim therefore as provided in Section 7. 8.2 OWNER MAY TERMINATE Owner may terminate the Contract upon the occurrence of any one or more of the following events: 8.2.1 If Contractor is adjudged bankrupt or insolvent, 8.2.2 If Contractor makes a general assignment for the benefit of creditors, 8.2.3 If a trustee or receiver is appointed for Contractor or for any of Contractor's property, 8.2.4 If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws 8.2.5 If Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, 8.2.6 If Contractor repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment, 8.2.7 If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, 8.2.8 If Contractor disregards the authority of Owner, or 8.2.9 If Contractor otherwise violates in any substantial way any provision of the Contract Documents, Owner may after giving Contractor and its Surety seven days written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contractor’s Compensation exceeds the direct and indirect costs of completing the Work, including compensation for additional GC-13 City of Eagan professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to obtain the lowest figure for the Work performed. 8.3 Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 8.4 Upon seven days' written notice to Contractor, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Contract. In such case, Contractor shall be paid for all Work executed and any expenses sustained plus reasonable termination expenses. 8.5 If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor has not defaulted, the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 8.6. 8.6 CONVENIENCE TERMINATION BY THE OWNER The Owner reserves the right to terminate the Work under this Contract in whole, or from time to time in part, and said termination for convenience shall not be construed as a breach of the Contract. If the Contract is terminated for convenience, the Owner shall give the Contractor written notice specifying the extent of the Work under the Contract that is being terminated and the effective date of said termination. Upon receipt of the notice of termination, the Contractor shall stop work on the date and to the extent specified. The Contractor shall place no further orders nor incur any further costs for the terminated parts of the Work. The Contractor shall further terminate all orders and subcontracts relating to the terminated part of the Work. The Owner shall pay the Contractor for the value of the Work terminated and completed to the termination date together with a reasonable profit on the completed Work, but Contractor shall not be entitled to any further damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tangible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. 8.7 CONTRACTOR MAY STOP WORK OR TERMINATE If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Owner fails to act on any Request for Payment within thirty days to pay Contractor any sum finally determined to be due, the Contractor may, upon seven days' written notice to Owner, terminate the Contract and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Contract, if Owner has failed to act on a Request for Payment or Owner has failed to make any payment as aforesaid, the Contractor may upon seven days' notice to Owner stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of its obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. SECTION 9 GENERAL 9.1 LIMITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or otherwise, shall the Owner or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding capacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner for any loss, claim or damage arising out of this Contract or the performance or breach thereof, shall be limited to the value of the Work performed. 9.2 REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor herein and all of the rights and remedies available to Owner thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Contract. GC-14 City of Eagan 9.3 HOURS OF OPERATION: 9.3.1. The Contractor shall operate construction equipment between 7:00 a.m. to 7:00 p.m., Monday through Saturday, unless specifically authorized by the Owner. 9.3.2. The Contractor shall not perform Work (except traffic control maintenance, erosion control inspection/repair or emergency work) on Sundays, or federally designated holiday unless special approval is granted by the Owner. 9.3.3. The Contractor shall notify the Owner in advance of all times of work on the construction site. 9.4 CONFLICT BETWEEN CONTRACT DOCUMENTS. In the event there is inconsistency within the Contract Documents, the Contract and any addendum to the Contract shall first control; followed by the Special Provisions; followed by the Technical Specifications; followed by the Drawings; followed by the General Conditions. 9.5 PREVAILING STATE WAGE If any State grants are involved with the project, the Contractor must pay employees and subcontractors the prevailing state wage. Proposal Developed For Jon Eaton Superintendent of Utilities City of Eagan PROJECT CONSULTANT April 22nd, 2020 Page 1 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com Table of Contents 1. EXECUTIVE SUMMARY ........................................................................................................... 2 1.1. Summary of proposed Scope of Work and Cost ................................................................ 2 2. QUALIFICATIONS ................................................................................................................... 4 2.1. HydroCorp, The Safe Water Authority ............................................................................... 4 2.2. References .......................................................................................................................... 5 2.3. Industry Leadership ............................................................................................................ 5 3. STAFF BIOS ............................................................................................................................ 6 4. CROSS-CONNECTION PROGRAM WORK PLAN ........................................................................ 8 4.1. Development of Written Cross-Connection Control Program Plan ................................... 8 4.2. Purpose of the Cross-Connection Control Program .......................................................... 9 4.3. Examples of common Cross-Connection Hazards: ............................................................ 9 5. CROSS-CONNECTION INSPECTION PROCESS ........................................................................ 10 5.1. Postal Notification Process .............................................................................................. 10 5.2. Inspections/Surveys ......................................................................................................... 11 5.3. Annual Backflow Prevention Assembly Testing Record Tracking and Notification ......... 12 6. SECURE DATA AND WATER CUSTOMER CARE PROCESS ....................................................... 14 6.1. Program Data: .................................................................................................................. 14 6.2. Live Program Data Access for Designated Water Purveyor Staff .................................... 15 6.3. Customer Service ............................................................................................................. 16 APPENDIX A – CITY EXPECTATIONS ............................................................................................. 17 APPENDIX B – STAFF CERTIFICATIONS ......................................................................................... 18 Page 2 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 1. EXECUTIVE SUMMARY 1.1. Summary of proposed Scope of Work and Cost Based on your current program, HydroCorp™ will continue to provide the following services to the CITY OF EAGAN. This project is a continued effort for an ongoing Cross-Connection Control Program and will provide the CITY OF EAGAN with the necessary data and information to maintain Cross-Connection Control Program as recommended by the Minnesota Department of Health and the American Water Works Association. Once this project has been approved and accepted by the CITY OF EAGAN and HydroCorp, you may expect completion of the following elements within a three (3) year period. Additional details of this scope of work are located in Appendix A. The components of the project include: 1. HydroCorp will provide 888 educational cross connection control brochures to the City of Eagan. 2. Update the written comprehensive Cross-Connection Control Plan specific to the CITY OF EAGAN. The plan will include plumbing code adoption, references, program intent, standard operational procedures, all program and notice documentation, reporting procedures (including daily, monthly & annually), backflow prevention devic e standards including detailed installation schematics, piping identification, and testing standards. 3. The Cross-Connection Plan will also include a recommended re-survey schedule for all facilities. The frequency for re-survey of each facility will be dictated by the designated degree of hazard for each facility surveyed (2 Year for High Hazard and 6 Year for Low Hazard). 4. Schedule and notify customers of surveys and/or annual backflow preventer test records request in writing via U.S. Postal service. 5. Provide full-time and Toll Free phone call in support for customer questions/appointments by an individual certified/trained in cross connection control with ASSE 5150 Backflow Prevention Program Administration. Phone will be staffed during normal business hours Monday through Friday. An automatic message service will be provided for after hour calls. 6. Complete up to 296 annual on-site Cross-Connection Control surveys of commercial, industrial, institutional and miscellaneous water customers. A total of 888 surveys during the 3 year project. This total number includes compliance reviews. When applicable, verify the required test was performed by an ASSE 5110/5140 certified backflow tester. When applicable, verify any internal maintenance was performed by an ASSE 5130 certified backflow prevention rebuilder. HydroCorp Surveyors are ASSE 5120 Cross-Connection Control Surveyor certified and considered qualified by the City of Eagan to investigate all potable water outlets for actual or potential connections between a potable water supply and sources of contamination or pollution. The total number of surveys will include initial and compliance follow up visits when required. 7. All existing backflow prevention devices & assemblies, (i.e. testable & non -testable) must be inspected for proper installation, inventoried and documented. Documentation to include size, make, model, serial number, regulated object number and location on site of survey. 8. Generate all program postal notifications for non -compliant building owners informing them of installation requirements or required corrective action. Specific Uniform Plumbing Code reference and written corrective action instructions will be included for each non‐compliant building record. Page 3 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 9. Provide access to live/real time facility compliance status reporting to the CITY OF EAGAN on a secure website. Status reports will be available on-line and include the number of surveys completed, notices sent, tests overdue, surveys overdue, a listing of surveys and re-surveys scheduled for the upcoming period, upcoming notifications, a list of facilities in, or not in, compliance. Each facility record will provide itemized details of all backflow prevention assemblies, devices and methods documented during a completed survey. 10. Prepare an annual Cross-Connection Control report that includes a program summary, to include a detailed facility listing to include address, re-survey frequency, listing of compliant and non-compliant facilities, total number of surveys completed, sites never inspected, vacant facilities, listing of all testable devices and total number of program notifications sent. 11. Provide four on site progress review meetings per year with the CITY OF EAGAN’s designated representative to discuss program status, specific recommendations and a suggested action plan. 12. Provide complete data management. All Cross Connection Survey and Backflow Prevention Tracking information and records shall be property of the City of Eagan and will be made available for access by the CITY OF EAGAN when requested. Any other use or sharing is strictly prohibited. 13. Software package will be approved by the CITY OF EAGAN and able to produce at a minimum the following reports and notices: a. Standard notices to include, survey, re-survey, testing, non-compliance and compliance notices. b. Produce management reports for notices, inventory of devices, device tests, survey schedules, device test schedules, overdue surveys, and device test forms. c. Schedule survey and follow up surveys from internal records, standard procedures, and timing as necessary for compliance. d. Automatically access all data relevant to a particular facility or period of time. e. Generate an Annual Cross Connection Control Report and supporting documents for MDH Sanitary Surveys. 14. Provide a comprehensive summary of all cross-connection surveys completed, compliance status and test records in Excel Format. 15. Avoid any conflict of interest. HydroCorp shall not offer or advertise to City of Eagan water customers for plumbing products, the installation of plumbing or testing/repair of backflow prevention assemblies during the contract period for up to 365 days after end of project. 16. The City of Eagan will provide the HydroCorp with a complete, accurate, and applicable water customer account listing. 17. Provide ongoing support via phone, fax, internet, text or email. The above services will be provided for: Monthly Amount: $3,535.00 Annual Amount: $ 42,420.00 Contract Total: $ 127,260.00 Previous Amount $5365.00 Previous Annual Amount: $64,380.00 Previous Contract Total: 193,140.00 3 Year complete Program 888 total Cross-Connection Surveys to included compliance follow ups, Customer Service, Data Management and Annual Backflow Preventer Test Tracking of Non -Residential Services/Facilities Cost per facility: $143.32 Page 4 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 2. QUALIFICATIONS 2.1. HydroCorp, The Safe Water Authority • Founded in 1983 and incorporated in 1988. The firm has grown from two employees to a staff of over 70 full time associates in multiple states. • HydroCorp provides Cross-Connection Control Program Management Services to over 300 communities in several states including: Michigan, Wisconsin, Delaware, Maryland, Virginia, Florida and Minnesota. We still have our first customer! • HydroCorp Conducts over 30,000 on site, Cross-Connection Control Inspections annually. • Our highly trained staff works in an efficient manner in order to achieve maximum productivity and keep program costs affordable. We have a detailed system and process that each of our field inspectors follow in order to meet productivity and quality assurance goals. • Our municipal inspection team has attended training classes and received certification from the following recognized Cross-Connection Control Programs: USC -Foundation for Cross Connection Control and Hydraulic Research, ASSE- American Society for Sanitary Engineering ABPA - American Backflow Prevention Association • Our trained administrative staff/call center can answer most technical calls related to the cross- connection control program and have attended basic cross-connection control training classes. • HydroCorp staff and company are active members in many water industry associations including: American Water Works Association (AWWA) National Rural Water Association (NRWA) American Public Works Association (APWA) • HydroCorp is not a Plumbing Company and does not utilize existing staff to perform backflow prevention assembly testing, repair or plumbing related services. • HydroCorp has provided significant input/expertise in the revision of 3rd and 4th Edition of the Michigan Department of Environment, Great Lakes and Energy (EGLE) Cross-Connection Rules Manual. AWWA M-14 Cross-Connection Control Manual and WI DNR NR810.15. Page 5 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 2.2. References a. City of La Crosse 400 La Crosse St, La Crosse, WI 54601 (HydroCorp Client) Tina Erickson, Utilities Supervisor, ericksont@cityoflacrosse.org 608- 789-7536 b. City of Hudson 505 3rd St. Hudson, WI (HydroCorp Client) Kip Peters, Water Superintendent, kpeters@ci.hudson.wi.us 715.386.4760 c. Sturgeon Bay Utilities 230 E. Vine St, Sturgeon Bay, WI 53235-007 (HydroCorp Client) Cliff White Water Utility Manager, cwhite@wppienergy.org 920.746.820 d. City of Eden Prairie 14100 Technology Dr, Eden Prairie, MN (HydroCorp Client) Rick Wahlen, Manager of Utility Operations, rwahlen@edenprairie.org 952-949-8530 2.3. Industry Leadership With over 300 municipal clients and for over 30 years, HydroCorp has succeeded in improving health and safety, reducing risk, cutting operational costs, and increasing efficiency for its clients, earning their trust and allegiance. HydroCorp has a 98 percent retention rate among its municipal clients, a virtually unmatched level of customer satisfaction. Entering its fourth decade, HydroCorp is fully committed to the principles and practices that made it a success: Expertise, commitment, knowledge, and service. Page 6 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 3. STAFF BIOS Larry J. La Bute, Founder & CEO - Chairman of the Board of Directors. Mr. La Bure founded the company in 1983 to improve the safety of drinking water systems. He graduated from Oakland University with a B.S. in Management and received his Master's degree from S.S. Cyril & Methodius Seminary. Prior to founding HydroCorp, Mr. LaBute successfully founded and ran a water treatment equipment manufacturing company for 12 years. Mark L. Martin, CPA & Chief Financial Officer. Mr. Martin joined HydroCorp in early 2007 and is a seasoned business executive experienced in working with growing small and mid-size companies across a broad range of industries. Mark received a B.S. in Accounting from Michigan State University in 1980 and is also a 10-year board member of Haiti Outreach Mission. Glenn Adamus, COO. A member of the HydroCorp team for the past fourteen years, Glenn has managed various water quality analysis projects related to process water and potable water systems on HydroCorp’s behalf, including Stage 2 DBPR, Lead and Copper Rule, water distribution system/quality characterization studies, water main/system disinfections, legionella risk assessment and monitoring, and industry compliance monitoring. He has also performed and managed numerous cross connection control surveys/consulting projects for large industry and public water systems throughout the United States. Paul Patterson, Senior Vice President. Mr. Patterson joined HydroCorp, Inc. in 2004, and is responsible for operational oversight of over 200 Cross-Connection Control Programs throughout Michigan, Delaware, Maryland, Florida, Wisconsin and Virginia. Before joining HydroCorp, Mr. Patterson was a member of the U.S. Air Force, where he assisted in the implementation of a stateside installation Cross- Connection Control Program. Paul is an ASSE Certified Instructor for Backflow Assembly Testing Certification and regularly presents and regional water industry association conferences. Page 7 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com Dave Cardinal, Vice President, Municipal Division. Dave has over twenty years’ experience as a water professional and has a successful record of accomplishments in the cross-connection control industry. Experienced in program development, project management, developing and conducting employee education and training programs, developing and instructing State certified education and training classes, quality assurance, customer service, and client satisfaction. He is responsible for establishing business practices, field operation procedures, and administrative functions related to cross connection control program management. Dave is an ASSE Certified Instructor for multiple ASSE Certifications related to Cross-Connection Control and Backflow Prevention. Dave also has been a speaker at numerous Water Industry Conferences. Craig Wolf, New Cross-Connection Control Program development in the Midwest Region. Since 2009 at HydroCorp, he was responsible for identification of hazards and deficiencies and determining proper recommendations for over 130 municipal client cross-connection control programs in Wisconsin. He also generated inspection reports and protection recommendations for over 3,000 individual facility surveys of cross-connections. Certified by ASSE for Cross-Connection Control Surveying, Craig applies years of field experience to offering solutions for public water systems that are cost effective. In the past 4 years, Craig has been focused on client retention efforts, and developing new Cross Connection Control Programs for Municipal Water Systems around the region. Ryan Hensley, Administrative Account Manager – Municipal Division. As an Administrative Account Manager Ryan Hensley is responsible for providing administrative support to field surveyors, regional managers and division directors with all components associated with managing a comprehensive cross connection control program, in addition to providing highest level of customer service to our municipal clients. Ryan has been a member of the HydroCorp team for over 10 years and is an ASSE 5150 certified Backflow Prevention Program Administrator. He is an advanced user of the HydroSoft data management program & responsible for providing day to day tech support to the entire staff and external clients. Ryan also assists in the planning, testing & training of HydroSoft for clients and end users. Field Inspectors/Surveyors/Technicians HydroCorp invests continuously in educational training and development of its team members. All of the HydroCorp Field Inspectors assigned to this project are certified in Cross-Connection Control Surveying and Backflow Prevention Program Management through one the following programs: Page 8 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 4. CROSS-CONNECTION PROGRAM WORK PLAN 4.1. Development of Written Cross-Connection Control Program Plan HydroCorp will work closely with the CITY OF EAGAN to update a program to meet the specific timeline guidelines established by the CITY OF EAGAN. Further, HydroCorp will conduct the necessary detailed research of current State of Minnesota Administrative Code and Uniform Plumbing Code related to Cross-Connection Control and Backflow Prevention associated with public water system requirements. Sample Plan Elements Page 9 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 4.2. Purpose of the Cross-Connection Control Program • Protect the water supply/public health and safety from backflow • Comply with state and local regulations • Minimize risk and liability • Eliminate hazardous cross-connections to the drinking water supply A cross-connection is defined as a connection or arrangement of piping or appurtenances through which a backflow could occur. Backflow is defined as the undesirable reversal of flow of water of questionable quality, wastes or other contaminants into a public water supply. 4.3. Examples of common Cross-Connection Hazards: • Garden Hose connections lacking backflow prevention devices • Water Softener discharge lines directly connected to drain piping • Boilers with missing or inappropriate backflow preventers • Backflow Prevention Assemblies improperly installed or missing test documentation • Toilets with faulty or unapproved anti-siphon valves • Lawn Irrigation systems with missing or inappropriate backflow preventers • Restaurant equipment with missing or inappropriate backflow preventers • Dental office equipment with missing or inappropriate backflow preventers • Fire Sprinkler systems with missing or inappropriate backflow preventers • Chemical mixing systems in janitorial closets with missing or inappropriate backflow preventers • Unprotected water supply bypasses • Improper type of backflow prevention assembly for the degree of hazard Page 10 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 5. CROSS-CONNECTION INSPECTION PROCESS 5.1. Postal Notification Process Page 11 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 5.2. Inspections/Surveys Inspections shall consist of entering a facility from the point where water service enters the facility (usually the meter) and tracing the piping to each end point of use. Using standardized inspection forms, the inspector shall identify and note the location and nature of any direct and potential cross connections, location and details of backflow prevention devices, methods & assemblies, and other pertinent program information. If the inspector is refused proper access or if customer plumbing is untraceable, the City of Eagan will assume a cross-connection is present and take the necessary action to ensure the public water supply is protected. The highest priority for inspections shall be placed on facilities that pose a high degree of hazard, that have a high probability that backflow will occur, or are known/suspected to have cross-connections. Once initial inspections are complete, a re-inspection frequency shall be determined for each account based on the degree of hazard/risk and potential for backflow in accordance with the requirements of the City of Eagan Cross-Connection Control Plan. The Plan will include detailed inspection frequency Recommendations to reduce long term costs of program. Definitions: o Initial Inspection – the first time a HydroCorp representative inspects a facility for cross- connections. Degree of Hazard is assigned and/or verified during this facility visit. The Degree of Hazard will dictate future re-inspection frequency/schedule of facility, (facility will be either compliant or non-compliant after this inspection). o Compliance Inspection – subsequent visit by a HydroCorp representative to a facility that was non-compliant during the Initial Inspection to verify that corrective action was completed and meets the program requirements. o Re-Inspection – Revisit by a HydroCorp representative to a facility that was previously inspected. The re-inspection frequency/schedule is based on the degree of hazard assigned to the facility during the initial inspection (Re-Inspection cycle/frequency to be determined when Plan is developed). Page 12 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 5.3. Annual Backflow Prevention Assembly Testing Record Tracking and Notification • Water Customers who have Testable Assembly Type Backflow Prevention Assemblies are notified via postal notice with instructions to submit annual test record data from a Certified Tester. Certified Testers are required to register (no fee) via a designated secure website provided by HydroCorp during the duration of contract period. • HydroCorp monitors backflow prevention assembly tester credentials and qualifications in order to ensure that only qualified and state certified contractors are conducting the work. • HydroCorp monitors backflow prevention assembly test results. Test results that do not contain all required information are marked as “failed” and a phone call is made to the tester seeking the correct information. • HydroCorp utilizes a two-step approach/review process when sending out program notices to ensure accuracy and improve compliance results and customer service. • HydroCorp continually monitors program database information and reviews this with the City of Eagan Contact in order to improve compliance results and customer service Example Screen for Online Backflow Preventer Test Record Portal Page 13 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com Inspection and Annual Backflow Test Record Compliance Process: Page 14 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 6. SECURE DATA AND WATER CUSTOMER CARE PROCESS 6.1. Program Data: The most critical element of a Cross-Connection Control Program is data integrity. Without accurate data, the Cross-Connection Control program will experience customer service, administrative, and reporting issues and also result in field survey inefficiencies. HydroCorp will coordinate with the CITY OF EAGAN to obtain accurate account listing/address information. Specialized Software: HydroCorp utilizes HydroSoft® (proprietary software) to manage Cross-Connection Control Program data. All program data captured shall remain the property of the City of Eagan. The City of Eagan can access program data, information and reports on-line via a web browser. All of our Client Data is secured on our Application Server, which is behind both a Hardware and a Software Firewall. Standard reports include the following: • Inspections scheduled, completed, overdue and compliance status • Custom queries, data exports and reports as needed • Annual Report Information Technology Infrastructure: HydroCorp has a dedicated department responsible for Information Technology (I/T) infrastructure for internal (staff) needs as well as external (client) communication and reporting needs. We also have a dedicated person responsible for new client start up and database implementation in order to insure we have the most accurate information possible at any given point in time. We have continually invested in both hardware infrastructure (Network Servers, Client Workstations, Firewalls and Tablet P.C’s for Field Inspectors) and software in order to leverage technology in the workplace and to improve customer service and assist in lowering our costs to our clients. HydroCorp has a contracted service agreement with a local I/T Company that performs monthly routine system maintenance and monitors our infrastructure/servers for optimum performance and reliability. Program Data and Backup: Client Data is secured on our Application Server, which is behind both a Hardware and a Software Firewall. The Application Server is backed up twice a day. 5 copies of the backup are then created and stored at 3 separate locations. 3 of the 5 backup copies are stored locally. One is on the application server itself, one is on our File server, and one is backed up to a Network Attached Storage (NAS) device. Having 3 local backup copies stored on the different machines means that in the unlikely event of a hardware malfunction, we can recover the data very quickly. Additionally, we employ a secure on- line backup service that stores 2 copies of our backup at two independent locations. Page 15 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 6.2. Live Program Data Access for Designated Water Purveyor Staff Main Dashboard Example Page 16 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com 6.3. Customer Service HydroCorp has an extensive customer service call center to answer incoming telephone calls from water users. The call center is staffed from the hours of 8:00AM – 5:00PM MON-FRI. Most program calls and questions can be answered by one of our ASSE Backflow Prevention Program Certified representatives. Our field staff also carry tablet pc’s and smartphones and can respond in a timely manner to any customer related issues. Frequently asked questions, program brochures and other general Cross-Connection Control information can be found on our website. http://www.hydrocorpinc.com/resources/faq/ Public Education is a key component of a successful Cross-Connection Control Program. Some of the ways HydroCorp has assisted communities in their public education efforts include, but are not limited to: o Providing a specific website with basic cross-connection control information and FAQ’s , example: http://www.hydrocorpinc.com/resources/faq/ o Newspaper/press releases regarding cross-connection control and preparing/developing information that could be dispersed through social media o Direct mailing of informational brochures o Speaking at town hall, council meetings, working groups, and at homeowner’s association meetings o Creation of Public Education Videos Sample Public Education Brochures Page 17 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com APPENDIX A – CITY EXPECTATIONS The following work items are included in the project scope as indicated as expectations in the 2017 RFP. A. Provide a customized Cross Connection Control Plan/Policy binder for the City of Eagan (reference material). B. Perform 888 total inspections at individual industrial, commercial, institutional facilities and miscellaneous water users within the City of Eagan served by the public water supply for cross-connections (this includes City of Eagan facilities). Compliance follow up visits are included in this scope of work and performed after the water customer has contacted the designated agent or the City of Eagan with indication of corrected violations. C. Inspector will survey exposed piping and utilize Isolation/Point of Use inventory method of surveying. The designated agent will document all existing backflow prevention devices and assemblies and verify proper installation. Documentation to include make, model, size, manufacturer, serial number, device location, and the process the device is protecting the public water supply against. Unprotected cross connection hazards will be documented for notification to water customer and the City of Eagan. D. Facility “degree of hazard” and recommended re -survey frequency will be determined after initial inspection. E. Perform administrative functions including: support via phone (either a toll free or local phone line administered by the designated agent), fax, internet, text or email; scheduling of inspections; mailing of all notices; verification of corrective action(s) requirements; providing general customer service associated with the program, and providing program education either over the phone, in person, or in a group setting (public awareness meeting). F. Generate all site inspection and backflow prevention assembly test notices, non -compliance notices and records/reports. Coordinate/monitor reporting of backflow prevention assembly testing compliance for all backflow prevention assemblies. Verification of backflow prevention assembly tester credentials & proper testing results for each testable assembly backflow preventer documented during site inspection. G. Document the required program data and generate compliance status reports. All program services will be subject to complete recordkeeping. H. Conduct an annual review meeting with City of Eagan staff to discuss overall program status and recommendations. I. Assist the CITY OF EAGAN with a community wide public relations program, including general awareness brochures and web site cross connection control program overview content and resources. Page 18 of 1919 HydroCorp Headquarters 5700 Crooks Rd Suite 100 Troy, MI 48098 844.793.7646 www.hydrocorpinc.com APPENDIX B – STAFF CERTIFICATIONS 12/09/2019 Brown & Brown of Detroit 35735 Mound Road Sterling Heights MI 48310 Jennifer Hendrix (586) 977-6300 (586) 977-6780 jhendrix@bbdetroit.com Hydro Designs Inc. dba HydroCorp HDI Florida, LLC 5700 Crooks Rd., Ste. 100 Troy MI 48098 The Cincinnati Specialty Underwriters Insurance Company 13037 Ohio Security Insurance Company 24082 Scottsdale Insurance Company 41297 Hiscox Insurance Company Inc.003030 CL1912939288 A Y CSU0125275 12/15/2019 12/15/2020 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 B BAS59181506 12/15/2019 12/15/2020 1,000,000 C 0 XLS0112406 12/15/2019 12/15/2020 5,000,000 5,000,000 B N XWS59181506 12/15/2019 12/15/2020 1,000,000 1,000,000 1,000,000 D Professional Liability ANE1010955.19 12/15/2019 12/15/2020 Wrongful Act Limit $2,000,000 Aggregate Limit $2,000,000 City of Eagan is included as additional insured for general liability per written contract. 30 days notice of cancellation, 10 days for non-payment provided per terms and conditions of the policy. City of Eagan Utility Superintendent 3419 Coachman Point Eagan MN 55122 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Agenda Information Memo May 5, 2020, Eagan City Council Meeting CONSENT AGENDA R. Approve Second Amendment to Repurchase Agreement for Lot 1, Block 1, Yankee Plaza 2nd Addition located at 3540 Federal Drive Action To Be Considered: Approve Second Amendment to Repurchase Agreement for Lot 1, Block 1, Yankee Plaza 2nd Addition located at 3540 Federal Drive Facts:  On January 2, 2019, the City Council approved a purchase agreement for the sale of Lot 1, Block 1, Yankee Plaza 2nd Addition located at 3540 Federal Drive.  A Repurchase Agreement attached to the Purchase Agreement allows the City to repurchase the property if construction of an approximately 5,000 square foot medical office building has not commenced within nine months of closing.  Closing occurred on May 15, 2019.  On January 7, 2020, the City Council approved a two-month extension of the Repurchase Agreement construction commencement deadline from February 15, 2020 until April 15, 2020, at which time the property owner’s variance would expire.  In a separate agenda item, the Council is asked to consider a variance extension.  Given the current situation with the pandemic emergency, the purchaser has asked to extend the construction commencement deadline to October 31, 2020. An amended Repurchase Agreement requires City Council approval. Attachments: (2) CR-1 Location Map CR-2 Second Amendment to Repurchase Agreement ASHBURYROADTOWNCENTREDRIVEFEDERALDRIVEDREXEL CTB L A C K H A WKRDGCIRB O A R D W A L K BLACKHAWK RIDGE WAYB LACKHAW KBLACKHAWK LAKE CTC.S.A.H.NO.31(PILOTKNOBROAD)CRESTRIDGE DRDRESDEN CTASHBURYCTBLACKHAWKPTLEMIEUX CIR LAKEVI E WCURVEST.CHARLESPLACECRESTRIDGE LANE ASHBURYPLACEBLACKHAWKLAKEDRKRESTWOOD LNDREXEL CTSURREYHEI GHTSD R IV E BLACKHAWKLAKEDRVIOLET LANE PARK P L HUNT DRIVE FEDERALDRIVEDUCKWOOD DR ENGLERT RD L AKEVIEW TR AIL BLACKHAWKR IDGEPL DRESDEN WAYCOACH M A NROADPACIFICAVE FEDERAL DRIVEBOARDWALKCOUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)FEDERAL DRIVEBRAUN CT LAKEDRCOACH M A NROADBLACKHAW K LAKE PLBLACKH A W K R ID G E C T W A S HINGTONDRIVECOUNTY ROAD NO. 28 (YANKEE DOODLE ROAD) 81ST ST W CENTURY POINT B L ACKHAW K HILLS RD CRESTRIDG E C T COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD)LAKEVIEWCURVEASHBURYPLBALTICAVE Blackhawk Park FishLake Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Yankee Plaza 2nd AddnRequest: Purchase AgreementCase No.: Subject Site SECOND AMENDMENT TO REPURCHASE AGREEMENT This Second Amendment to Repurchase Agreement (“Amendment”) is made and entered into this ____ day of __________, 2020 by and between the City of Eagan, a Minnesota municipal corporation (“Seller”) and Jonathan C. McCabe and David J. Rallis (“Buyers”). (Seller and Buyers are collectively referred to as the (“Parties”). WHEREAS, the Parties entered into a Repurchase Agreement dated May 15, 2019 and a First Amendment to Repurchase Agreement dated January 21, 2020 (the “Agreement”); WHEREAS, under the Agreement the Buyers purchased Property legally described as: Lot 1, Block 1, Yankee Plaza 2nd Addition (the “Property”); WHEREAS, under the terms of the Agreement, the Buyers were to commence construction of an approximately 4,000 square foot medical office building constructed primarily with a brick veneer facade by February 15, 2020 (nine months from the date of closing); WHEREAS, Buyers are in need of additional time to commence construction and have requested that the deadline to commence construction be extended to October 31, 2020; and WHEREAS, the Seller is willing to extend the deadline all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Amendment to Section 1. Section 1 is hereby amended to read as follows: Section 1. REPURCHASE: If Buyers have not commenced construction of an approximately 4,000 square foot medical office building constructed primarily with a brick veneer facade by October 31, 2020 (the “Construction Commencement Deadline”), then the Seller shall have the option of repurchasing the Property for a purchase price of Two Hundred Fifteen Thousand and no/100 Dollars ($215,000.00) less the amount of any liens on the Property resulting from action by the Buyers unless the Construction Commencement Deadline is extended by mutual agreement of the Parties. “Commenced Construction” shall mean the installation of footings and foundation for the construction of a medical office building. The Seller may exercise this option to repurchase by giving written notice to Buyers within thirty (30) days after the Construction Commencement Deadline. Upon receiving the repurchase price in cash from the Seller (which amount must be paid within thirty (30) days after the notice of option exercise is given), Buyers shall convey to the Seller by limited warranty deed the Property free and clear of any liens and encumbrances placed or suffered thereon by Buyers, which liens and encumbrances shall be paid off by Buyers on or before closing. 2 2. Amendment. No other Amendments, except as hereinafter amended above, all of the terms of the Agreement remain in full force and effect. SELLER: Dated: ________________ City of Eagan, a Minnesota municipal corporation By: _________________________ Mike Maguire Its: Mayor Dated: ________________ By: _________________________ Christina M. Scipioni Its: Clerk BUYERS: Dated: __________________ _____________________________ Jonathan C. McCabe Dated: __________________ _____________________________ David J. Rallis Agenda Information Memo May 5, 2020 Eagan City Council Meeting PUBLIC HEARING A. Lot 1 Block 2 & Outlot C, Viking Lakes Easement Vacation Action To Be Considered: Close the public hearing and continue action on the vacation of drainage and utility easements over, under and across Lot 1, Block 2 and Outlot C, Viking Lakes. Facts: ➢ On March 26, 2020, City staff received a petition from Steve Poppen, representing MV Eagan Ventures, LLC, property owners of Viking Lakes, requesting the vacation of existing drainage and utility easements on Lot 1, Block 2 & Outlot C, Viking Lakes, south of Vikings Parkway and east of Lone Oak Parkway, in northeast Eagan. ➢ The easements were dedicated with the original plat, at no cost to the City. ➢ The purpose of the request is to allow the re-platting of the properties. The easement vacations would clean up the plat by avoiding any underlying recorded dedications. ➢ The recording of the new plat will dedicate all necessary public easements to accommodate public utilities and drainage, at no cost to the City. The final plat of Viking Lakes 4th Addition will be considered at a future Council meeting. ➢ Notices for a public hearing have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections to the vacation have been received. ➢ This vacation request has been reviewed by Public Works staff and found to be in order for favorable Council action. Attachments (2) PHA-1 Location Map PHA-2 Legal Description Graphics MENDOTA HEIGHTS INVERGROVEHEIGHTS§¨¦494 §¨¦35E !(43 !(28 $+26 $+26 $+31 $+31 ÕÇ13 ÕÇ55 ÕÇ55 ÕÇ149 ÕÇ149 YANKEE DOODLE RD H WY 1 4 9 LEXINGTON AVEHWY 55 I - 494 PILOT KNOB RDLONE 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 N TIAN 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 A D 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.FOUR OAKS R D.COACHMAN RD.DEER W OOD DR. NORTHVIEW PARK R D. WESCOTT RD.DODD RD.E L R E NERD. NORTH W OODPKWY.Lexington Ave (Co Rd 43)Dodd Rd.Dee rwood Dr. Duckwood Dr.Elr e n e Ro a d Northview Park Rd. Yankee Doodle Rd. (Co. Rd. 28) E l r e n e R d . To wn Cen ter Dr.Braddock Tr.Federal DrivePilot Knob Road (Co. Rd. 31)Lone Oak Dr. N orth w oodPa r k w ay Crestridge Dr.To werview Rd.Denmark AveWe sco tt Ro ad Lone Oak Rd. (Co. Rd. 26) Vikings P k wy. I-494 MN HWY 55 MN HWY 149MN H WY 1 4 9 MN HWY 55 Map of Location for ProposedDrainage & Utility Easement VacationLot 1, Block 2 & Outlot CViking Lakes q FIG 1 Date: 4 /1/2020L:\USERS\PUBWORKS\Engineering\T Strid\Easements\Viking Lakes 4th Location of ProposedD&U Easement Va cation 12354885v1 4 12354885v1 5 Agenda Information Memo May 5, 2020 Eagan City Council Meeting OLD BUSINESS A. Ordinance Amendment – An Ordinance Amendment to City Code Chapter 6.34 Regarding Tobacco and Electronic Cigarette Regulations Actions To Be Considered: Approve an ordinance amendment to City Code Chapter 6.34 regarding tobacco and electronic cigarette regulations and direct the City Attorney to publish an ordinance amendment summary. Facts:  At the Oct. 15 Listening Session, the City Council received a request to consider changes to the City’s tobacco and electronic cigarette ordinance. Subsequently, at the December 10, 2019 Special City Council meeting, the Council directed preparation of an ordinance amendment to increase the legal age to purchase tobacco and related products to 21 and to require tobacco license holders to have, and show proof of, a training program for its staff.  At the March 10, 2020 Special City Council meeting, the Council reviewed a draft ordinance amendment. At that meeting, it was the consensus of the Council to remove penalties for underage purchase, use or procurement (“PUP” penalties), increase the annual number of compliance checks and require license holders be at least 21 years of age.  To summarize, the proposed ordinance amendment makes the following changes to the City’s tobacco and electronic cigarette regulations: o Increase the legal age to purchase tobacco, electronic cigarettes and related products to 21 o Require license holders to have, and provide proof of, a tobacco sales training program for its staff o Remove penalties for underage purchase, use or procurement (“PUP” penalties) o Increase the number of annual compliance checks from one to two, utilizing individuals between 15 and 20 years of age o Require license holders to be at least 21 years of age  The proposed changes are effective upon publication of the ordinance amendment summary, which typically occurs three to four days after approval.  If approved, staff will mail and email out communication to license holders regarding the changes to City regulations.  After the draft ordinance amendment was posted online, additional suggested changes were received by the Minnesota Tobacco Free Alliance. The City Attorney’s Office reviewed the suggestions and found some were acceptable for inclusion in the draft ordinance amendment and recommended other suggested changes not be included. Included as an attachment is the correspondence from the Minnesota Tobacco Free Alliance and the response memo from the City Attorney’s Office. ATTACHMENTS: (1) OBA‐1 Proposed Ordinance Amendment OBA‐2 March 10, 2020 SPCC Meeting Materials OBA‐3 December 10, 2019 SPCC Meeting Materials OBA‐4 Correspondence OBA‐5 MN Tobacco Free Alliance Comments & Response ORDINANCE NO. ___ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY AMENDING SECTION 6.34 REGARDING SALE OF TOBACCO AND ELECTRONIC DELIVERY DEVICES & PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is amended by revising Section 6.34 to read as follows: Sec. 6.34. – Tobacco. Subd. 1. Purpose. The city recognizes that many persons under the age of 18 21 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco related devices, and electronic delivery devices, and nicotine or lobelia delivery products and such sales, possession and use are violations of both either state and or federal laws or both. Thus, the city intends to regulate the sale, possession and use of tobacco, tobacco products and tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to prevent and protect minors underage individuals against the illegal health harms from the use of tobacco, tobacco products and tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products and to further the official public policy of the State of Minnesota, as stated in Minn. Stat., § 144.391, in regard to preventing minorunderage individuals from starting to smoke. Subd 2. Definitions. The following terms, as used in this section, shall have the meanings stated: Compliance checks means the enforcement system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco related devices are following and complying with the requirements of this section. Compliance checks shall involve the use of minorunderage individuals as authorized by this section whereby the authorized minorunderage individual attempts to purchase tobacco, tobacco products or tobacco related devices for the purpose of enforcement of this section, as well as educational, research and training purposes as authorized by state and federal laws. Electronic delivery device means any product, including any component part of a product whether marketed or sold together or separately, containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device does not include any product that has been approved or certified by the Unites States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. 2 Hearing officer means the city administrator or any other city employee duly appointed by the city administrator. Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to: single cigarette packs; single bags or cans of loose tobacco in any form; and single cans or other packaging of snuff or chewing tobacco; cartons or other packaging containing more than a single pack or other single container as described in this paragraph shall not be considered individually packaged. Loosies means the common term used to refer to a single or individually wrapped cigarette. MinorUnderage individual means any person under the age of 1821 years. Moveable place of business shall mean any form of business operated by which sales are made by U.S. Mail or other courier service or online (internet) services or out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Nicotine and lobelia delivery product means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device. Retail establishment means any place of business where tobacco, tobacco products or tobacco related devices are available for sale to the general public, including, but not be limited to: grocery stores; convenience stores; liquor establishments; and restaurants. Sale or sell means any transfer of goods for money, trade, barter, or other consideration. Self-service merchandising means open displays of tobacco, tobacco products or tobacco related devices for sale in any manner which any person may have access to tobacco, tobacco products or tobacco related devices without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention for access shall require the actual physical exchange of the tobacco, tobacco product or tobacco related device between the customer and the license or employee. For purposes of this definition, self-service merchandising does not include vending machines. Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation. Tobacco or tobacco products shall mean any substance, item, or product containing, made or derived from tobacco that is intended for human consumption whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or any component, part, or accessory of a tobacco product, including but not limited to: cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobacco; dipping tobacco; refuse scraps; clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. The term tobacco or tobacco 3 products exclude any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for an approved purpose. Tobacco related device means any product intentionally designed or intended to be used in connection with chewing, sniffing, smoking or using tobacco or tobacco products, including a pipe, rolling papers, tobacco or tobacco product carrying case or lighter. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the device by the person seeking to purchase or otherwise obtain the tobacco, tobacco products or tobacco related device. Subd. 3. License required. It is unlawful for any person to, directly or indirectly, keep for retail sale, sell at retail, or otherwise dispose of any tobacco, tobacco product or tobacco-related device without a license therefor from the city. Subd. 4. License application . Application for a license to sell tobacco, tobacco products or tobacco related devices hereunder shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential address and telephone number, the name of the business, the address and telephone number for which the license is sought, and any additional information the city deems necessary. Upon receipt of a complete application and license fee, the city clerk shall forward a copy to the police department for completion of a background investigation. If the city clerk determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 5. Action on license application. The city clerk may either approve or deny the license, or may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city clerk approves the license, a license shall be immediately issued to the applicant. If the city clerk denies the license, notice of the denial shall be given to the applicant. The city clerk may deny a license on the following grounds: A. The applicant is under the age of 1821 years. B. The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provisions or other regulation relating to tobacco or tobacco products or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding 12 months of the date of application. D. The applicant fails to provide information required on the application or provides false or misleading information. E. The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. Subd. 6. Conditions of license. 4 A. Separate licenses shall be issued for the sale of tobacco, tobacco product or tobacco-related devices at each fixed place of business and no license shall be issued for a moveable place of business. B. The licensee shall comply with all provisions on this section. C. Notwithstanding any exceptions for tobacco products shops as set forth in the Minnesota Clean Indoor Air Act, no licensee shall directly or indirectly permit smoking in the licensed premises. All licensees under this section shall be responsible for the actions of their employees and patrons in regard to any smoking in the licensed premises. Subd. 7. Duration of license. All licenses issued under this section shall expire on December 31st of each year. Subd. 8. Suspension or revocation. Any license issued under this section may be revoked or suspended for any violation of this section or for any violation of any federal, state or other law, ordinance or regulation relating to tobacco products or tobacco related device as follows: A. A licensee's authority to sell cigarettes any tobacco, tobacco product, tobacco- related device and other products for which the license was issued at the licensed location may be suspended for a violation of this section. B. In the case of suspension, there shall be no license refund. C. License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this section of any officer, director, manager, or other agent or employee of any license. Subd. 9. Termination of license. All licenses issued under this section shall be valid only for the premises for which the license was issued and only for the person to whom the license was issued. No license may be transferred to another location or person and any transfer or change of ownership of the licensed premises shall terminate the license. Subd. 10. Moveable place of business. No license shall be issued to a moveable place of business. Subd. 11. Display of license. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd. 12. Renewals. The renewal of a license issued under this section shall be made in accordance with this section as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days before the expiration of the current license. No license shall be renewed in the absence of payment of the annual license fee. Subd. 13. Investigation and License fees. No license shall be issued under this section until the investigation fee and license fee is paid in full. The fees for an investigation and license under this section shall be in an amount set forth by city council resolution. 5 Subd. 14. Unlawful Sales. It shall be unlawful for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: A. To any person under the age of 1821 years; B. By means of any type of vending machine; C. By means of self-service merchandising, unless granted an exemption under the licensee's license as provided herein; D. Containing opium, morphine, jimpson [jimson] weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. A licensee under this section may be exempt from the self-service merchandising prohibition set forth above if: (1) The licensee's establishment derives 90 percent or more of its total revenues from tobacco, tobacco products and tobacco related device sales; (2) The licensee prohibits any person under the age of 1821 from entering the licensed premises at all times; and (3) The licensee's license authorizes self-service merchandising and is subject to the condition that no person under the age of 1821 shall be permitted within the licensed premises at any time. It is not unlawful for any person who has attained the age of 18 years to enter a licensed premises for the purpose to perform work as an employee of the establishment, including the sale of tobacco, tobacco products and tobacco related devises, unless otherwise prohibited by statute. Subd. 15. Self-service sales. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area, including a case or other storage unit, which is not freely accessible and not left open or accessible by the general public. This section shall not apply to any licensee that was granted an exemption under its license for self- service merchandising. Subd. 16. Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the licensee. Nothing in this section shall be construed as prohibiting the city from subjecting a licensee's employee to any penalties appropriate under this section, state or federal law, or other applicable law or regulation. Subd. 17. Compliance checks and inspections. All licensed premises shall be open to inspection by the city during licensee's regular business hours. From time to time, but at least once twice per calendar year, the city shall conduct unannounced compliance checks to ensure compliance with the provisions of this section. Such compliance cheeks shall involve 6 minorunderage individuals who are over the age of 15 years, but less than 1821 years (with the written consent of their parent or guardian if under the age of 18), who shall enter the licensed premise and purchase or attempt to purchase tobacco, tobacco products or tobacco related devices. MinorUnderage individuals used for the purpose of compliance cheeks shall be supervised by designated law enforcement officers or other designated city personnel. MinorUnderage individuals used for compliance checks shall not be in violation of any law prohibiting the purchase or attempted purchase, or the unlawful possession of tobacco, tobacco products or tobacco related devices by a minorunderage individual when such items are obtained as a part of the compliance check. No minorunderage individual used in compliance checks shall attempt to use a false identification misrepresenting the minorunderage individual's age, and shall answer all questions about the minorunderage individual's age asked by the licensee or licensee's employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit other or additional compliance checks authorized by state or federal laws for educational, research, or training purposes required for the enforcement of a particular state or federal law. Subd. 18. Unlawful acts sale, purchase or possession. Unless otherwise provided, the following acts shall be unlawful. A. Illegal possession. It is unlawful for any person under the age of 18 to have in his or her possession any tobacco, tobacco product, or tobacco related device. This division shall not apply to persons under the age of 18 21 lawfully involved in a compliance check or fulfilling his or her duties as an employee of the licensee in making a retail sale. B. Illegal purchase by minor. It shall be unlawful for any person under the age of 18 to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device. It shall be unlawful for any person under the age of 18 to purchase, attempt to purchase, or possess a product that contains or delivers nicotine or lobelia and is intended for human consumption. This division shall not apply to minors lawfully involved in a compliance check. CA. Illegal purchase or procurement for minorunderage individual. It shall be unlawful for any person to purchase or otherwise obtain for or provide to any person under the age of 18 21 any tobacco, tobacco product, or tobacco related device. It shall further be unlawful for any person to coerce or attempt to coerce a person under the age of 18 21 to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This division clause shall not apply to any person under the age of 18 21 lawfully engaged in or as a part of involved in a compliance check conducted by a law enforcement agency. DB. Use of false identification. It shall be unlawful for any person under the age of 1821 to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. EC. Illegal sale to person under the age of 1821. It shall be unlawful for any person to sell, obtain for or otherwise provide to any person under the age of 1821 tobacco or a 7 product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product, that is not tobacco as defined in this chapter. This section shall not apply to a parent or legal guardian of a person under the age of 1821 who obtained or provided to the person under the age of 1821 such product if the product has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction or for other medical purposes, and is being marketed and sold solely for the approved purpose. FD. Child resistant packaging required. It is unlawful for a licensee hereunder to sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, that is not contained in "child- resistant packaging" as the term is defined and as is required in Minn. Stat. §461.20. Subd. 19. Administration procedures and penalty. A. Notice. Upon discovery of a violation of this section, a citation that sets forth the alleged violation and which shall inform the alleged violator of his/her right to be heard on the accusations shall be issued and served upon the violator either personally or by mail. B. Hearings. If a person accused of violating this section requests a hearing within ten days of the issuance of the citation, a hearing shall be scheduled, of which the time and place shall be published and provided to the accused violator, but in no event more than 14 days after the violator's request for a hearing. C. Hearing officer. Such hearing shall be held before the hearing officer and shall be open to the public. D. Decision. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions detailing whatever violation has occurred and whether the alleged violator committed it. A copy of the hearing officer's written findings of fact and conclusions shall be provided to the accused violator. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the accused violator. E. Appeals. The violator may appeal the decision made by the hearing officer to the district court. F. Misdemeanor prosecution. A violationor of any provision of this section shall be deemed a misdemeanor. If the violator is criminally charged, no administrative penalty shall be imposed. G. Continued violation. Each day which a violation occurs or continues shall constitute a separate offense. H. Penalties. 1. Licensees. Any licensee found to have violated this section, or whose employee has violated this section, shall be charged an administrative fine of $75.00 for a first violation of this section; $200.00 for a second violation at the same licensed premises within a 24-month period; and $250.00 for a third or subsequent violation at the same 8 licensed premises within a 24-month period. In addition, upon the third violation, the license shall be suspended for seven days. Upon the fourth or subsequent violation at the same licensed premises that has occurred since the date on which the city issued its initial license to the licensee under this section, the city council shall determine the penalty to be imposed. 2. Other individuals. Individuals, other than minorunderage individuals regulated by subparagraph H(3) herein, found to be in violation of this section shall be charged an administrative fee of $50.00, unless the individual is charged with a criminal offense arising out of the same violation. 3. MinorUnderage individuals. MinorUnderage individuals found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as nay any other adult person charged with a violation of the law or any other juvenile or minor charged with a violation of the law, as the case may apply. 4. Suspension upon failure to pay administrative penalty. Any administrative fine imposed hereunder shall be paid by the licensee within 30 days of the date of notice. The licensee's failure to pay the administrative fine within 30 days of the date of notice shall be grounds for suspension of the license and the license shall remain suspended until the administrative fine is paid in full, plus any surcharge or interest imposed for late payment. Subd. 20. Exceptions and defenses. A. Religious, spiritual or cultural ceremony. Nothing in this section shall prevent the providing of tobacco, tobacco products or tobacco related devices to an underage person minor as part of a lawfully recognized religious, spiritual or cultural ceremony, provided if the underage person is under the age of 18, then with the consent of the minor's parent or legal guardian is required. B. Reliance of proof of age. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by state law. Subd. 21 . Electronic delivery devices and nicotine and lobelia delivery products . All of the license, sale, purchase, possession, use and enforcement provisions in this section relating to tobacco, tobacco products or tobacco related devices shall apply fully and to the same extent to electronic delivery devices and nicotine and lobelia delivery products. Subd. 22. Employee Training Program. Prior to the approval or issuance of an initial license or renewal license under this Section, the applicant shall provide proof of an employee training program to be implemented throughout the duration of the annual license. A license holder seeking renewal of a license shall provide verification that an employee training program that complies with standards as set forth herein was implemented during the immediately preceding license year. An employee training program required hereunder shall be presented to each employee within 3 days of hire/start date and to all employees once per year. The program shall provide the information and tools necessary for employees to comply with the federal and state laws, including regulations, and City regulations herein, governing the 9 sale and distribution, including youth access, and the advertising and promotion of cigarettes, smokeless tobacco, and covered tobacco products. The program shall instruct employees that the sale of tobacco, tobacco products and tobacco related devices to an underage individual is illegal; what proof of age is legally acceptable, and that a sale to a an underage individual or other violation of this Section can subject the license holder and their employee to criminal penalties, civil fines or both. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ___", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council _____________________________ __________________________ By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 10 The following is the official summary of Ordinance No. ___ as approved by the City Council of the City of Eagan on _______________. ORDINANCE NO. ___ SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY AMENDING SECTION 6.34 REGARDING SALE OF TOBACCO AND ELECTRONIC DELIVERY DEVICES & PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. Section 6.34, governing the City’s tobacco sales and licensing regulations, was amended to change age 18 to age 21 for permissible sales and procurement and to require licensees to implement an employee training program. Section 6.34 was also amended to delete the provisions that penalize underage persons for the purchase, use and possession of tobacco and tobacco products. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. MINUTES SPECIAL CITY COUNCIL MEETING MARCH 10, 2020 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmember Bakken, Fields and Hansen. Councilmember Tilley was absent. City staff present: City Administrator Osberg, Assistant City Administrator Miller, City Clerk Scipioni, City Planner Schultz, and City Attorney Bauer. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 VISITORS TO BE HEARD A resident addressed the Council regarding vehicle noise concerns on Widgeon Way and Duckwood Drive, City Code relating to animal waste, and issues with Dakota County Recycling Center regarding City Code not allowing items to be stored outside. TOBACCO AND ELECTRONIC CIGARETTE REGULATIONS City Administrator Osberg introduced the item noting at the October 15, 2019 Listening Session, the Council received a request to consider changes to the City’s tobacco ordinance. The Council directed staff to research the status of current tobacco and electronic cigarette regulations. At the December 10, 2019 Special City Council meeting, the Council directed preparation of an ordinance amendment to increase the legal age to purchase tobacco and related products to 21 and to require tobacco license holders to have, and show proof of, an educational program for its staff. City Clerk Scipioni walked through the policy issues. The Council discussed the policy questions and provided the following feedback: 1. Regarding removal of penalties for illegal purchase, use or procurement (“PUP” penalties). It was the consensus of the Council to remove the PUP penalties from the ordinance amendment. 2. Regarding age of compliance check participants. It was the consensus of the Council to conduct two compliance checks a year, utilizing persons 15 to 20. 3. Regarding age of tobacco license holders and employees. It was the consensus of the Council for tobacco license holders to be at least 21 years of age, to prohibit anyone under 21 from entering a tobacco store where customers have direct access to product, except that employees of such establishments, who must be at least 18. Mayor Maguire opened the public comment. Andrea Mowery, resident, and Elyse Less, Tobacco‐Free Alliance MN, noted their support for removing the PUP penalties. Tamara Lawrence noted her support for the changes. The Council also requested staff research PUP penalties within our ordinance pertaining to alcohol sales. Special City Council Minutes March 10, 2020 Page 2 RED PINE NOISE STUDY City Administrator Osberg noted at the April 2, 2019 regular City Council meeting before the Council was a land use application for the property located at Highway 3 and Red Pine Lane. The consideration at that time was to reguide from retail commercial to medium density. At that time, Council had a robust discussion on the history of the property reaching consensus that retail commercial development was not realistic. Over several months, a noise study was completed and findings that were relevant to land use were provided. Osberg noted the City Attorney has provided a memorandum that addresses the noise standards for residential homes near a gun club. City Planner Schultz gave an overview of the noise study. The Council discussed the noise study. After further discussion the Council provided the following feedback on the policy questions: 1. Does the City Council have any further questions regarding the Red Pine noise study? No 2. What land use does the City Council want to consider further? The Council provided various land use options that might be considered but did not reach consensus. Michael Clements, representative of the property owner, addressed the Council noting the property is zoned retail commercial and paying higher taxes. OTHER BUSINESS There was no other business to be heard. ADJOURNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn at 7:45 p.m. Aye: 4 Nay: 0 ______________ Date _______ Mayor _______ City Clerk Agenda Information Memo March 10, 2020 Eagan Special City Council Meeting III. TOBACCO AND ELECTRONIC CIGARETTE REGULATIONS Direction For Consideration: To provide direction regarding changes to tobacco and/or electronic cigarette regulations. Facts:  At the Oct. 15 Listening Session, the City Council received a request to consider changes to the City’s tobacco ordinance. Specifically, to increase the legal age to purchase tobacco, to restrict the sale of flavored tobacco and electronic cigarette products, and to require warning signs be posted at tobacco stores.  The City Council directed staff to research the status of current tobacco and electronic cigarette regulations and legislation at the federal and state level and other cities’ tobacco and electronic cigarette regulations.  At the December 10, 2019 Special City Council meeting, the Council directed preparation of an ordinance amendment to increase the legal age to purchase tobacco and related products to 21 and to require tobacco license holders to have, and show proof of, an educational program for its staff. Council further directed that the draft ordinance amendment be placed on a future special Council meeting agenda for further discussion.  As required by State Statute, the draft ordinance amendment has been mailed to tobacco license holders. The communication with the license holders noted the Council would be discussing the draft ordinance at the March 10 workshop. Policy Issues:  Since the direction at the December Special City Council Meeting, the City has received additional requests for consideration. In drafting the ordinance amendment, the City Attorney’s Office has also identified policy issues for further Council consideration. The additional policy considerations include: 1. Removal of penalties for illegal purchase, use or procurement (“PUP” penalties): The draft ordinance amendment does not remove already existing language establishing penalties for minors who illegally purchase, use or procure tobacco and tobacco products. The City has received requests from several members of the public to remove these penalties from the draft ordinance amendment. It has been noted that the model ordinance provided by the League of Minnesota Cities does not include PUP penalties. 2. Age of compliance check participants: The current ordinance requires compliance checks once a year utilizing underage individuals who are between 15 and 17 years of age. The draft ordinance amendment increases the age of the underage individuals to between 18 and 20 years of age, which is consistent with the alcohol license compliance check ages. The City has received a request to either (1) conduct two compliance checks, one utilizing persons 15 to 17 and one utilizing persons 18 to 20, or (2) change the language so that individuals between 15 and 20 can be utilized for compliance checks. 3. Age of tobacco license holders and employees: The current ordinance requires tobacco license holders to be at least 18 years of age. The draft ordinance amendment increases the age to 21, consistent with the age requirement for alcohol license holders. The draft ordinance amendment also prohibits anyone under 21 from entering a tobacco store where customers have direct access to product, except for employees who must be at least 18. Attachments: (3) III‐1 Draft ordinance amendment III‐2 December 10, 2019 SPCC Meeting Materials III‐3 Correspondence ORDINANCE NO. ___ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY AMENDING SECTION 6.34 REGARDING SALE OF TOBACCO AND ELECTRONIC DELIVERY DEVICES & PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is amended by revising Section 6.34 to read as follows: Sec. 6.34. – Tobacco. Subd. 1. Purpose. The city recognizes that many persons under the age of 18 21 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco related devices, and such sales, possession and use are violations of both state and federal laws. Thus, the city intends to regulate the sale, possession and use of tobacco, tobacco products and tobacco related devices for the purpose of enforcing and furthering existing laws, to prevent and protect minors underage individuals against the illegal use of tobacco, tobacco products and tobacco related devices, and to further the official public policy of the State of Minnesota, as stated in Minn. Stat., § 144.391, in regard to preventing minorunderage individuals from starting to smoke. Subd 2. Definitions. The following terms, as used in this section, shall have the meanings stated: Compliance checks means the enforcement system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco related devices are following and complying with the requirements of this section. Compliance checks shall involve the use of minorunderage individuals as authorized by this section whereby the authorized minorunderage individual attempts to purchase tobacco, tobacco products or tobacco related devices for the purpose of enforcement of this section, as well as educational, research and training purposes as authorized by state and federal laws. Electronic delivery device means any product, including any component part of a product whether marketed or sold together or separately, containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device does not include any product that has been approved or certified by the Unites States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. Hearing officer means the city administrator or any other city employee duly appointed by the city administrator. 2 Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to: single cigarette packs; single bags or cans of loose tobacco in any form; and single cans or other packaging of snuff or chewing tobacco; cartons or other packaging containing more than a single pack or other single container as described in this paragraph shall not be considered individually packaged. Loosies means the common term used to refer to a single or individually wrapped cigarette. MinorUnderage individual means any person under the age of 1821 years. Moveable place of business shall mean any form of business operated by which sales are made by U.S. Mail or other courier service or online (internet) services or out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Nicotine and lobelia delivery product means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device. Retail establishment means any place of business where tobacco, tobacco products or tobacco related devices are available for sale to the general public, including, but not be limited to: grocery stores; convenience stores; liquor establishments; and restaurants. Sale or sell means any transfer of goods for money, trade, barter, or other consideration. Self-service merchandising means open displays of tobacco, tobacco products or tobacco related devices for sale in any manner which any person may have access to tobacco, tobacco products or tobacco related devices without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention for access shall require the actual physical exchange of the tobacco, tobacco product or tobacco related device between the customer and the license or employee. For purposes of this definition, self-service merchandising does not include vending machines. Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation. Tobacco or tobacco products shall mean any substance, item, or product containing, made or derived from tobacco that is intended for human consumption whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or any component, part, or accessory of a tobacco product, including but not limited to: cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobacco; dipping tobacco; refuse scraps; clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. The term tobacco or tobacco products exclude any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for an approved purpose. 3 Tobacco related device means any product intentionally designed or intended to be used in connection with chewing, sniffing, smoking or using tobacco or tobacco products, including a pipe, rolling papers, tobacco or tobacco product carrying case or lighter. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the device by the person seeking to purchase or otherwise obtain the tobacco, tobacco products or tobacco related device. Subd. 3. License required. It is unlawful for any person to, directly or indirectly, keep for retail sale, sell at retail, or otherwise dispose of any tobacco, tobacco product or tobacco-related device without a license therefor from the city. Subd. 4. License application . Application for a license to sell tobacco, tobacco products or tobacco related devices hereunder shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential address and telephone number, the name of the business, the address and telephone number for which the license is sought, and any additional information the city deems necessary. Upon receipt of a complete application and license fee, the city clerk shall forward a copy to the police department for completion of a background investigation. If the city clerk determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 5. Action on license application . The city clerk may either approve or deny the license, or may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city clerk approves the license, a license shall be immediately issued to the applicant. If the city clerk denies the license, notice of the denial shall be given to the applicant. The city clerk may deny a license on the following grounds: A. The applicant is under the age of 1821 years. B. The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provisions or other regulation relating to tobacco or tobacco products or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding 12 months of the date of application. D. The applicant fails to provide information required on the application or provides false or misleading information. E. The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. Subd. 6. Conditions of license. A. Separate licenses shall be issued for the sale of tobacco, tobacco product or tobacco-related devices at each fixed place of business and no license shall be issued for a moveable place of business. 4 B. The licensee shall comply with all provisions on this section. C. Notwithstanding any exceptions for tobacco products shops as set forth in the Minnesota Clean Indoor Air Act, no licensee shall directly or indirectly permit smoking in the licensed premises. All licensees under this section shall be responsible for the actions of their employees and patrons in regard to any smoking in the licensed premises. Subd. 7. Duration of license. All licenses issued under this section shall expire on December 31st of each year. Subd. 8. Suspension or revocation. Any license issued under this section may be revoked or suspended for any violation of this section or for any violation of any federal, state or other law, ordinance or regulation relating to tobacco products or tobacco related device as follows: A. A licensee's authority to sell cigarettes at the licensed location may be suspended for a violation of this section. B. In the case of suspension, there shall be no license refund. C. License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this section of any officer, director, manager, or other agent or employee of any license. Subd. 9. Termination of license. All licenses issued under this section shall be valid only for the premises for which the license was issued and only for the person to whom the license was issued. No license may be transferred to another location or person and any transfer or change of ownership of the licensed premises shall terminate the license. Subd. 10. Moveable place of business. No license shall be issued to a moveable place of business. Subd. 11. Display of license. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd. 12. Renewals. The renewal of a license issued under this section shall be made in accordance with this section as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days before the expiration of the current license. No license shall be renewed in the absence of payment of the annual license fee. Subd. 13. Investigation and License fees. No license shall be issued under this section until the investigation fee and license fee is paid in full. The fees for an investigation and license under this section shall be in an amount set forth by city council resolution. Subd. 14. Unlawful Sales. It shall be unlawful for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: A. To any person under the age of 1821 years; B. By means of any type of vending machine; 5 C. By means of self-service merchandising, unless granted an exemption under the licensee's license as provided herein; D. Containing opium, morphine, jimpson [jimson] weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. A licensee under this section may be exempt from the self-service merchandising prohibition set forth above if: (1) The licensee's establishment derives 90 percent or more of its total revenues from tobacco, tobacco products and tobacco related device sales; (2) The licensee prohibits any person under the age of 1821 from entering the licensed premises at all times; and (3) The licensee's license authorizes self-service merchandising and is subject to the condition that no person under the age of 1821 shall be permitted within the licensed premises at any time. It is not unlawful for any person who has attained the age of 18 years to enter a licensed premises for the purpose to perform work for the establishment, including the sale of tobacco, tobacco products and tobacco related devises, unless otherwise prohibited by statute. Subd. 15. Self-service sales. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area, including a case or other storage unit, which is not freely accessible and not left open or accessible by the general public. This section shall not apply to any licensee that was granted an exemption under its license for self- service merchandising. Subd. 16. Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the licensee. Nothing in this section shall be construed as prohibiting the city from subjecting a licensee's employee to any penalties appropriate under this section, state or federal law, or other applicable law or regulation. Subd. 17. Compliance checks and inspections. All licensed premises shall be open to inspection by the city during licensee's regular business hours. From time to time, but at least once per calendar year, the city shall conduct unannounced compliance checks to ensure compliance with the provisions of this section. Such compliance cheeks shall involve minorunderage individuals who are over the age of 15 18 years, but less than 1821 years (with the written consent of their parent or guardian), who shall enter the licensed premise and purchase or attempt to purchase tobacco, tobacco products or tobacco related devices. MinorUnderage individuals used for the purpose of compliance cheeks shall be supervised by designated law enforcement officers or other designated city personnel. MinorUnderage individuals used for compliance checks shall not be in violation of any law prohibiting the 6 purchase or attempted purchase, or the unlawful possession of tobacco, tobacco products or tobacco related devices by a minorunderage individual when such items are obtained as a part of the compliance check. No minorunderage individual used in compliance checks shall attempt to use a false identification misrepresenting the minorunderage individual's age, and shall answer all questions about the minorunderage individual's age asked by the licensee or licensee's employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit other or additional compliance checks authorized by state or federal laws for educational, research, or training purposes required for the enforcement of a particular state or federal law. Subd. 18. Unlawful sale, purchase or possession. Unless otherwise provided, the following acts shall be unlawful. A. Illegal possession. It is unlawful for any person under the age of 1821 to have in his or her possession any tobacco, tobacco product, or tobacco related device. This division shall not apply to persons under the age of 18 21 lawfully involved in a compliance check or fulfilling his or her duties as an employee of the licensee in making a retail sale. B. Illegal purchase by minorunderage individual. It shall be unlawful for any person under the age of 1821 to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device. It shall be unlawful for any person under the age of 1821 to purchase, attempt to purchase, or possess a product that contains or delivers nicotine or lobelia and is intended for human consumption. This division shall not apply to minorunderage individuals lawfully involved in a compliance check. C. Illegal purchase or procurement for minorunderage individual. It shall be unlawful for any person to purchase or otherwise obtain for or provide to any person under the age of 18 21 any tobacco, tobacco product, or tobacco related device. It shall further be unlawful for any person to coerce or attempt to coerce a person under the age of 18 21 to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This division shall not apply to any person under the age of 18 21 lawfully involved in a compliance check. D. Use of false identification. It shall be unlawful for any person under the age of 1821 to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. E. Illegal sale to person under the age of 1821. It shall be unlawful for any person to sell, obtain for or otherwise provide to any person under the age of 1821 tobacco or a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product, that is not tobacco as defined in this chapter. This section shall not apply to a parent or legal guardian of a person under the age of 1821 who obtained or provided to the person under the age of 1821 such product if the product has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction or for other medical purposes, and is being marketed and sold solely for the approved purpose. 7 F. Child resistant packaging required. It is unlawful for a licensee hereunder to sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, that is not contained in "child- resistant packaging" as the term is defined and as is required in Minn. Stat. §461.20. Subd. 19. Administration procedures and penalty. A. Notice. Upon discovery of a violation of this section, a citation that sets forth the alleged violation and which shall inform the alleged violator of his/her right to be heard on the accusations shall be issued and served upon the violator either personally or by mail. B. Hearings. If a person accused of violating this section requests a hearing within ten days of the issuance of the citation, a hearing shall be scheduled, of which the time and place shall be published and provided to the accused violator, but in no event more than 14 days after the violator's request for a hearing. C. Hearing officer. Such hearing shall be held before the hearing officer and shall be open to the public. D. Decision. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions detailing whatever violation has occurred and whether the alleged violator committed it. A copy of the hearing officer's written findings of fact and conclusions shall be provided to the accused violator. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the accused violator. E. Appeals. The violator may appeal the decision made by the hearing officer to the district court. F. Misdemeanor prosecution. A violator of any provision of this section shall be deemed a misdemeanor. If the violator is criminally charged, no administrative penalty shall be imposed. G. Continued violation. Each day which a violation occurs or continues shall constitute a separate offense. H. Penalties. 1. Licensees. Any licensee found to have violated this section, or whose employee has violated this section, shall be charged an administrative fine of $75.00 for a first violation of this section; $200.00 for a second violation at the same licensed premises within a 24-month period; and $250.00 for a third or subsequent violation at the same licensed premises within a 24-month period. In addition, upon the third violation, the license shall be suspended for seven days. Upon the fourth or subsequent violation at the same licensed premises that has occurred since the date on which the city issued its initial license to the licensee under this section, the city council shall determine the penalty to be imposed. 2. Other individuals. Individuals, other than minorunderage individuals regulated by subparagraph H(3) herein, found to be in violation of this section shall be charged an 8 administrative fee of $50.00, unless the individual is charged with a criminal offense arising out of the same violation. 3. MinorUnderage individuals. MinorUnderage individuals found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as nay any other adult person charged with a violation of the law or any other juvenile or minor charged with a violation of the law, as the case may apply. 4. Suspension upon failure to pay administrative penalty. Any administrative fine imposed hereunder shall be paid by the licensee within 30 days of the date of notice. The licensee's failure to pay the administrative fine within 30 days of the date of notice shall be grounds for suspension of the license and the license shall remain suspended until the administrative fine is paid in full, plus any surcharge or interest imposed for late payment. Subd. 20. Exceptions and defenses. A. Religious, spiritual or cultural ceremony. Nothing in this section shall prevent the providing of tobacco, tobacco products or tobacco related devices to an underage person minor as part of a lawfully recognized religious, spiritual or cultural ceremony, provided if the underage person is under the age of 18, then with the consent of the minor's parent or legal guardian is required. B. Reliance of proof of age. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by state law. Subd. 21 . Electronic delivery devices and nicotine and lobelia delivery products . All of the license, sale, purchase, possession, use and enforcement provisions in this section relating to tobacco, tobacco products or tobacco related devices shall apply fully and to the same extent to electronic delivery devices and nicotine and lobelia delivery products. Subd. 22. Employee Training Program. Prior to the approval or issuance of an initial license or renewal license under this Section, the applicant shall provide proof of an employee training program to be implemented throughout the duration of the annual license. A license holder seeking renewal of a license shall provide verification that an employee training program that complies with standards as set forth herein was implemented during the immediately preceding license year. An employee training program required hereunder shall be presented to each employee within 3 days of hire/start date and to all employees once per year. The program shall provide the information and tools necessary for employees to comply with the federal and state laws, including regulations, and City regulations herein, governing the sale and distribution, including youth access, and the advertising and promotion of cigarettes, smokeless tobacco, and covered tobacco products. The program shall instruct employees that the sale of tobacco, tobacco products and tobacco related devices to an underage individual is illegal; what proof of age is legally acceptable, and that a sale to a an underage individual or other violation of this Section can subject the license holder and their employee to criminal penalties, civil fines or both. 9 Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ___", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council _____________________________ __________________________ By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 10 The following is the official summary of Ordinance No. ___ as approved by the City Council of the City of Eagan on _______________. ORDINANCE NO. ___ SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY AMENDING SECTION 6.34 REGARDING SALE OF TOBACCO AND ELECTRONIC DELIVERY DEVICES & PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. Section 6.34, governing the City’s tobacco sales and licensing regulations, was amended to change age 18 to age 21 for permissible sales and possession and to require licensees to implement an employee training program. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. Agenda Information Memo December 10, 2019 Eagan Special City Council Meeting V. TOBACCO AND ELECTRONIC CIGARETTE REGULATIONS Direction For Consideration: To provide direction regarding changes to tobacco and/or electronic cigarette regulations. Facts:  At the Oct. 15 Listening Session, the City Council received a request to consider changes to the City’s tobacco ordinance. Specifically, to increase the legal age to purchase tobacco, to restrict the sale of flavored tobacco and electronic cigarette products, and to require warning signs be posted at tobacco stores.  The City Council directed staff to research the status of current tobacco and electronic cigarette regulations and legislation at the federal and state level and other cities’ tobacco and electronic cigarette regulations. The attached memo and chart detail staff’s findings.  In addition, the attached memo outlines the following policy considerations. 1. Should the City increase the legal age to purchase tobacco and electronic cigarette products to 21? 2. Should the City enact any regulations relative to flavored tobacco and/or electronic cigarette products? 3. Should the City enact any setback or spacing requirements for tobacco and/or electronic cigarette license locations? 4. Should the City require tobacco license holders to post warning signs at their stores? 5. Should the City enact any other tobacco and/or electronic cigarette regulations?  State Statute requires the City to provide tobacco license holders with a 30‐day written notice before enacting changes to tobacco regulations. If the City Council wishes to amend the tobacco ordinance, then license holders would be informed of the proposed changes in advance of the ordinance amendment being placed on a City Council agenda for consideration. Attachments: (3) V‐1 Ordinance Amendment Request V‐2 Staff Memo V‐3 Survey of City Regulations 1 Christina Scipioni From:Tammy Lawrence <tamlawrence22@yahoo.com> Sent:Thursday, October 10, 2019 5:04 PM To:Christina Scipioni Subject:E cigarette and vaping epidemic Christina can you please pass along this email to the city council for me. There is an alarming number of kids that are developing lung injuries from e‐cigarettes and vaping products. The numbers this week were 1, 299 cases from 49 states, district of Columbia and 1 US territory. 26 deaths have been confirmed in 21 states. Minnesota included. The numbers last week of lung injuries were 1080. The week before that was 805 lung injuries . The numbers keep rising every week. We, the city of Eagan, need to rise above and help put a stop to the youth being targeted. I am asking for all flavors to be banned. Raise the legal age to 21 and add a black box warning to the door of the vape shops. I know you have many important issues to discuss and many maybe ahead of this one but, I ask you to put the issue to the top and take care of this now before more kids are affected. Right now statistics show that 37% of lung injuries come from male kids under 21! That is too many and something each one of you can do something about. You may not have a child affected by this epidemic but i guarantee you will know someone that is. Please, help keep Eagan safe for all and raise the age limit to 21, get the kids out of high school, take ban all flavors and make a black box warning be listed on the door. Kids need to know there is harm being done with these products and that they do contain tobacco too! Thank you for your time. Tamara Sent from Yahoo Mail on Android Memo To: Dianne Miller, Assistant City Administrator From: Christina M. Scipioni, City Clerk/Administrative Coordinator Date: December 6, 2019 Subject: Tobacco and Vaping Research Background At the Oct. 15 Listening Session, the City Council received a request from Tamara Lawrence to consider changes to the City’s tobacco ordinance. Specifically, Ms. Lawrence requested the legal age to purchase tobacco be raised to 21, that flavored tobacco and electronic cigarette products be banned, and that stores be required to place warnings on their doors regarding the dangers of electronic cigarettes. The City Council directed staff to research the status of current tobacco and electronic cigarette regulations and legislation at the federal and state level, and also review other cities’ tobacco and electronic cigarette regulations. Federal and State Regulations At a federal level, electronic cigarettes have been regulated by the Food and Drug Administration (FDA) since August 2016. At that time, it became illegal to sell electronic cigarettes to those under 18 years of age. Identification must be checked for anyone who appears to be younger than 27. In 2018, the FDA began requiring warning labels on electronic cigarette products that contain nicotine or were derived from tobacco. The FDA is currently considering rule changes that would ban flavored electronic cigarette products and/or raise the legal age to purchase to 21. The FDA has not said when a determination on the rule changes will be made. At the state level, the legal age to purchase tobacco and electronic cigarettes is 18. During the 2019 legislative session, a bill was introduced in the House to increase the legal age to purchase to 21. Similar legislation was not introduced in the Senate. The State does not ban flavored tobacco products, nor does it require warning labels other than those required by the FDA. State Statute allows municipalities to regulate the retail sale of tobacco and electronic cigarette products and allows cities to enact regulations that are more restrictive than State Statute. Cities are required to provide 30-day written notice to tobacco licensees before enacting additional license regulations. Page 2 Eagan’s Current Regulations The City of Eagan’s tobacco regulations, which include electronic cigarette products, are consistent with the regulations set forth in State Statute. Selling tobacco products within the City requires a license. The legal age to purchase in Eagan is 18. Self-service of tobacco products is allowed only in exclusive tobacco stores, where 90 percent or more of the sales consist of tobacco or electronic cigarette products and those under 18 are not permitted to enter. City Code does not include setback or spacing requirements for tobacco retailers. Tobacco sales are considered a retail use and are allowed in zoning districts where retail stores are allowed. Survey of Minnesota Cities Staff surveyed the tobacco ordinances of 20 metro communities. Attached is a summary of the findings with regards to the legal age to purchase, flavor restrictions, spacing or setback requirements, and other regulations regarding the sale of tobacco. The cities surveyed did not have additional requirements for signage as it relates to warning labels on the products or in the stores. Legal Age to Purchase According to ClearWay Minnesota, 54 cities and counties in Minnesota have increased the legal age to purchase tobacco to 21. In Dakota County, the cities of West St. Paul, Lilydale and Mendota Heights have increased the purchase age to 21. Other comparable cities in the metro that have increased the purchase age to 21 include Bloomington, Brooklyn Center, Eden Prairie, Edina, Minneapolis, St. Paul, Minnetonka, Plymouth, Richfield, and St. Louis Park. Flavor Restrictions Of the 20 cities surveyed, five have restrictions regarding the sale of flavored products. Lilydale and Mendota Heights ban all flavored products. St. Paul restricts the sale of flavored products to exclusive tobacco stores, except that liquor stores may sell menthol, mint and wintergreen flavors. Minneapolis restricts the sale of all flavors except menthol to exclusive tobacco stores. St. Louis Park restricts all flavors except menthol, mint and wintergreen. Spacing or Setback Restrictions Of the 20 cities surveyed, five have restrictions on the locations of tobacco license locations. Of those five cities, three cities regulate the location of tobacco stores in relation to other tobacco stores and two cities require setbacks from schools. Other Restrictions In addition to the regulations requested by Ms. Lawrence, staff found several other common tobacco license regulations:  Nine of the cities surveyed require tobacco license holders to have a training program for their staff.  Four of the cities surveyed require stores to check the identification of anyone who appears to be under 30 years old.  Four of the cities set a minimum sale price for the purchase of single cigars.  Two of the cities surveyed limit the size of tobacco stores to 2,000 square feet.  Three of the cities surveyed prohibit self-service sales in all licensed tobacco establishments. Page 3 Public Policy Questions 1. Should the City increase the legal age to purchase tobacco and electronic cigarette products to 21? 2. Should the City enact any regulations relative to flavored tobacco and/or electronic cigarette products? 3. Should the City enact any setback or spacing requirements for tobacco and/or electronic cigarette license locations? 4. Should the City require tobacco license holders to post warning signs at their stores? 5. Should the City enact any other tobacco and/or electronic cigarette regulations? Survey of Municipal Tobacco/Electronic Cigarette RegulationsDecember 2019CityLegal Purchase Age Flavor Restrictions Spacing RequirementsStaff Training Required Other RestrictionsApple Valley 18 none none NoBloomington 21 none none Yes Required to check ID of everyone under 30Brooklyn Center 21 none none YesIssues maximum of 15 licenses; electronic delivery devices and liquids may only be sold in exclusive liquor stores; no sale of cigars less than $2.10 eachBrooklyn Park 18 none500 feet from schools, if more than 40% of the store's floor area is dedicated to tobacco sales NoBurnsville 18 none0.75 miles from another tobacco shop Yes Tobacco shops are limited to 2,000 square feet in sizeEden Prairie 21 none none NoEdina 21 none none NoAge verification required for anyone who appears to be under 30 years of ageInver Grove Heights 18 none1,000 foot setback between the licensee's space and the occupied space of the school YesLakeville 18 none none NoLilydale 21 Flavored products are prohibited noneNoMaple Grove 18 none none NoMendota Heights 21 Flavored products are prohibited none NoMinneapolis 21Flavored tobacco, except menthol, may only be sold in exclusive tobacco storesUnless a grocery store, not allowed in neighborhood commercial; except in downtown zoning district, stores selling flavored tobacco products must be spaced at least 2,000 feet Yes No sale of or cigars less than $2.60 eachMinnetonka 21 none none YesAt least one representative from licensee must attend city‐mandated tobacco training; Plymouth 21 none none NoAge verification required for anyone who appears to be under 30 years of age; self‐service prohibited in all tobacco stores Survey of Municipal Tobacco/Electronic Cigarette RegulationsDecember 2019CityLegal Purchase Age Flavor Restrictions Spacing RequirementsStaff Training Required Other RestrictionsRichfield 21 none none YesAge verification required for anyone who appears to be under 30 years of age; single cigars may only be sold for at least $2.60Rosemount 18 none none Yes Tobacco shops are limited to 2,000 square feetSt. Louis Park 21Flavors except menthol, mint and wintergreen are prohibited none No Self‐service prohibitedSt. Paul 21Flavored tobacco may only be sold in exclusive tobacco stores; liquor stores may sell menthol, mint and wintergreenExclusive tobacco stores must be spaced at least 2,640 feet; CUP required for exclusive tobacco stores larger than 2,500 square feet in business community and traditional neighborhood zoning districts No No sale or cigars less than $2.60 each; West St. Paul 21 none none YesLicensee must have digital age verification devices and security cameras; no self‐service 1 Christina Scipioni From:Andrea Mowery <andrea.mowery@gmail.com> Sent:Thursday, March 12, 2020 9:29 AM To:City Council Cc:Christina Scipioni Subject:Thank you! Dear Mayor McGuire and City Council Members, Thank you for your consideration and support of a T21 ordinance and for removing PUP penalties. I appreciate the time you spent discussing the issue on Tuesday and allowing me to speak. Complements to Christina and the rest of the city staff for answering questions leading up to the meeting and being responsive and efficient throughout this process. I’m grateful for their professionalism and hard work for the city. I’m looking forward to seeing the final draft of the ordinance and attending the council meeting on April 21. I’m hopeful final passage will occur that day. If there is any additional information I can provide you prior to that meeting, please let me know. Thank you again for your commitment to our youth and the City of Eagan, Andrea Mowery Sent from Mail for Windows 10 An equal opportunity employer. P rotecting, Maintaining and Improving the Health of All Minnesotans April 3, 2020 Mike Maguire, Mayor Eagan City Hall Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Dear City of Eagan: As Commissioner of Health, I strongly support all the proposed restrictions, in particular increasing the minimum tobacco sales age to 21. Nearly all tobacco users start before the age of 21. Tobacco 21 will have a powerful deterrent effect on youth initiation, will reduce youth tobacco use, and protect youth from a lifetime of addiction. I am very concerned about the dramatic increases in youth use of e-cigarettes, cigars, and other tobacco products. According to the 2019 Minnesota Student Survey, students are using e-cigarettes at a rate five times that of conventional cigarettes. 8th grade e-cigarette use nearly doubled from 2016 to 2019, and one in four 11th graders now use e-cigarettes. The vast majority of youth enter into tobacco and nicotine use with a flavored tobacco product. With thousands of flavored e-cigarette and tobacco products on the market in stores where young people shop, we are deeply concerned about the role that flavors play in contributing to teen addiction. Flavoring that masks the harsh taste of tobacco, combined with calculated marketing strategies have served to target, attract and addict far too many young people in Minnesota. Young smokers report choosing flavored tobacco products because they taste better and are perceived to be safer. This is quite alarming as nearly all e-cigarettes contain nicotine, which we know is highly addictive. Research shows youth who use e-cigarettes are four times more likely to start smoking combustible cigarettes. In September 2018, the Minnesota Department of Health issued a health advisory on nicotine and the escalating risk of addiction for youth. No amount is safe for youth as there are negative implications for learning, memory, attention, and future addiction. Teens are especially susceptible to nicotine addiction and the harmful effects it has on the brain as they grow. Raising the minimum tobacco sales age to 21 would limit youth access to tobacco until the portion of the brain responsible for rational decision-making is more fully developed. I applaud Eagan for considering this bold action to protect youth from a lifetime of addiction. For more information, contact Laura Oliven, Tobacco Prevention Control Program Manager, at 651-201-5442. Sincerely, Jan K. Malcolm, Commissioner P.O. Box 64975 St. Paul, MN 55164-0975 www.health.state.mn.us Association for Nonsmokers -Minnesota | www.ansrmn.org | 651.646.3005 March 30, 2020 The Honorable Mike Maguire and Members of the Eagan City Council 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mayor Maguire and Councilmembers: The Association for Nonsmokers-Minnesota (ANSR) strongly supports your efforts to increase the tobacco sales age to 21 in Eagan and would like to thank you for removing purchase, use, and possession penalties (PUP) from your draft Tobacco 21 ordinance . Our organization has a long history of restricting youth access to tobacco by supporting policies such as Tobacco 21. Increasing the tobacco sales age to 21 in Eagan is an important step towards decreasing access to these harmful products among teens. Thank you for prioritizing the wellness of your community above the interests of the tobacco industry. We applaud your effort to remove purchase, use and possession penalties (PUP) from your draft ordinance as the focus of a tobacco licensing ordinance should be on retailer responsibility. Tobacco use remains the leading preventable cause of death in Minnesota, and most smokers become addicted before they turn 21. Raising the tobacco sales age to 21 will limit access to tobacco products by 18-20-year olds and help cut off access to these products for younger teens. Eagan will set a positive example for other communities looking to improve the lives of their youth. Our organization, as well as Eagan residents, looks forward to your upcoming vote on April 21st . Sincerely, Jeanne Weigum President- Association for Nonsmokers-Minnesota 1 Christina Scipioni From:Dan Klausner <klausnerdan@gmail.com> Sent:Thursday, January 9, 2020 8:08 AM To:City Council Cc:Nancy Klausner Subject:Tobacco and Vaping Prevention In Eagan Dear Mayor Maguire and members of the Eagan City Council: My name is Dan Klausner, and I am a 20 year resident of Eagan. I have two boys; ages 17 and 19 years old. Currently the 17 year old is a senior at Eagan High School, and the 19 year is a sophomore at the University of Minnesota. Recently we discovered that our 17 year old has been using vaping products that were introduced to him at EHS. These products include nicotine and marijuana. My wife and I intervened as best we could; through educating our son on the health risks of vaping and smoking, as well as random drug testing to insure that he stopped this behavior. The bottom line is that there is no social benefit to smoking or vaping. These products cause ill health effects, leading to several severe diseases and death. It can also be a gateway to abuse and addiction of other drugs. Its a burden to tax payers in excess health care costs and lost productivity. Large tobacco and vape companies make huge profits at the expense of the innocence and ignorance our youngest members of our community.  Approximately 95 percent of current adult smokers started before they were 21.  The tobacco industry heavily targets young people ages 18‐21 in order to recruit new tobacco users and guarantee profits.  18‐20 year olds make up roughly 2‐4% of tobacco sales, but tobacco‐related illnesses kill 6,300 in Minnesota each year and cost Minnesota more than $3 billion in excess health care costs and $4.3 billion in lost productivity.  Many young people get tobacco products from their older high school peers.  Increasing the age gap between young people and those who can legally buy tobacco will reduce youth access to tobacco.  No amount of nicotine is safe for youth.  Nicotine is addictive and is particularly harmful to the developing adolescent brain. Nicotine can harm brain development as teens grow and can have a long‐term effect on cognitive development, mental health and future addiction.  E‐cigarette products like the JUUL, the most popular e‐cigarette brand among teens, contain high levels of addictive nicotine. Yet, teens incorrectly think that e‐cigarettes are safe.  Youth tobacco use has risen dramatically in Minnesota in the last three years due to vaping e‐cigarettes. Among 8th grade students, e‐cigarette use nearly doubled from 2016 to 2019 and one in four 11th graders now use e‐ cigarettes. Students in all grades surveyed now use e‐cigarettes and vapes at five times the rate of conventional cigarettes. (2019 MN Student Survey results) So I was happy to learn in December that the City of Eagan is considering raising the tobacco sales age to 21, especially in light of the new federal Tobacco 21 law that went into effect a few weeks ago. However, I was very concerned by a local news story a few days ago reporting that “several tobacco shops in Eagan” will disregard the new federal sales age of 21 because the city’s ordinance only requires customers to be 18. They told the reporter, “They will keep doing so until Eagan city leaders vote to raise the age requirement.” https://minnesota.cbslocal.com/2020/01/06/some‐ businesses‐still‐selling‐tobacco‐products‐to‐those‐under‐21/ I implore the Eagan City Council to pass this law to protect our youth from these dangerous products and prevent 2 future generations from a lifetime of tobacco addiction and disease. Leaders at all levels of government including the lawmakers in our city and state should continue to pass lifesaving tobacco prevention policies like this without delay. Sincerely, Dan Klausner 3754 Windtree Drive, Eagan Mn. 1 Christina Scipioni From:Amelia Burgess <alburgessmilbank@gmail.com> Sent:Thursday, January 9, 2020 10:01 AM To:City Council Subject:Please pass Tobacco 21 ordinance, and ban on flavored tobacco products Dear Mayor Maguire and members of the Eagan City Council: My name is Amelia Burgess. I am an Eagan resident, parent and physician. I practice pediatrics and addiction medicine at Sage Prairie Clinic, 1440 Duckwood Drive. In my practice, I see that nicotine addiction is the most difficult substance use disorder to treat. I also see that right now, vaping nicotine is the ”gateway drug” that leads to vaping THC, then use of other drugs, such as alcohol, benzodiazepines, and LSD. Kids as young as 10 or 11 are exposed to vaping in the schools. I see nicotine addiction in my patients, and in the peers of my children, who recently attended Dakota Hills Middle School and Eagan High School. They all report that vaping is normal and common in the schools. They also report a common belief that vaping is safe, while cigarettes are dangerous. Data support my experience. Youth tobacco use has risen dramatically in Minnesota in the last three years due to vaping e‐cigarettes. Among 8th grade students, e‐cigarette use nearly doubled from 2016 to 2019 and one in four 11th graders now use e‐cigarettes. Students in all grades surveyed now use e‐cigarettes and vapes at five times the rate of conventional cigarettes. (2019 MN Student Survey results) Most people don’t know that nicotine addiction remains the number 1 cause of death in the United States and worldwide. This is followed by alcohol, sedentary behaviors, and poor nutrition. (Although the opioid epidemic is forefront in the news, overdose causes fewer than 2/3 the deaths that alcohol does.) In addition, nicotine addiction affects the next generation – smoking during pregnancy causes serious adverse effects to the developing fetus: reduced oxygen delivery, retarded growth and development including low birth weight, double the chances of premature birth, congenital heart defects, and an increased likelihood of learning disorders, low IQ and behavioral problems. I was happy to learn in December that the City of Eagan is considering raising the tobacco sales age to 21, especially in light of the new federal Tobacco 21 law that went into effect a few weeks ago. However, a local news station reported this week that several tobacco shops in Eagan will disregard the new federal sales age of 21 because the city’s ordinance only requires customers to be 18. They told the reporter that they will keep doing so until Eagan city leaders vote to raise the age requirement. https://minnesota.cbslocal.com/2020/01/06/some‐ businesses‐still‐selling‐tobacco‐products‐to‐those‐under‐21/ Leaders at all levels of government including the lawmakers in our city and state should continue to pass lifesaving tobacco prevention policies without delay. I urge the Eagan City Council to pass a Tobacco 21 law, and to ban flavored tobacco products. Tobacco‐related illnesses kill 6300 Minnesotans each year, and cost Minnesota more than $3 billion in excess health care costs, and $4.3 billion in lost productivity. Sincerely, Amelia Burgess, MD, MPH 776 Golden Meadow Road Eagan, MN 55123 2 Sage Prairie Clinic 1440 Duckwood Drive Eagan, MN 55122 1 Christina Scipioni From:Sam Milbank <sammilbank101@gmail.com> Sent:Friday, January 10, 2020 6:29 PM To:City Council As a high school student who cares deeply about vaping prevention, I hope that the City of Eagan will raise the tobacco sales age to 21 like many other Minnesota communities have done to reduce all types of youth tobacco use, including vaping. The youth vaping epidemic is real. I’ve watched vaping escalate among my peers over the past few years, many who now can’t stop as they are addicted to nicotine. I’ve watched kids vape and as they hit it [inhale] say “I wish I didn’t have to do this.” I started vaping in 8th grade but soon it became not an option to stop. I had no idea back then how hard stopping would actually be. It didn’t start out this way for any of us. It was cool and fun. The fruit and candy flavors make it taste good, and vaping doesn’t hurt your throat like regular cigarettes. Actually, I don’t know any kids my age who smoke cigarettes, but I know plenty who vape. Vapes are really easy to get because older students can buy them and sell them at school to younger kids. I don’t want any other kids to struggle with this horrible addiction and deal with all of the negative consequences vaping brought to my life. Raising the tobacco sales age to 21 in Eagan will help keep vapes and other tobacco products out of our schools, prevent kids from starting to use them, and save lives. Sam Milbank American Heart Association I 2750 Blue Water Road I Suite 250 I Eagan I Minnesota I 55121 February 24, 2020 Dear Mayor Maguire and Eagan City Council Members: I am writing on behalf of the American Heart Association to express our support for the proposed ordinance that would raise the minimum sales age for tobacco products from 18 to 21, without penalizing youth, in Eagan. Municipalities should continue to pass strong Tobacco 21 policies that provide clarity and resources to maximize the health benefits of raising the sales age to 21. Preventing youth from starting to smoke is essential to reducing smoking prevalence, considering that almost 95 percent of addicted adult smokers start before age 21. I urge you to remove penalties for underage purchase, use and possession of tobacco products (often called PUP). Increasing the tobacco sales age should not be about punishing our kids. It should be about protecting them from a lifetime of addiction. As you continue to discuss increasing the tobacco age in Eagan, please move forward with an ordinance that does not include PUP penalties for people under 21. These penalties have not been proven to reduce youth tobacco use and they open the door to selective enforcement against young persons of color. Over 60 communities in Minnesota have raised the minimum sale age for tobacco from 18 to 21, and nearly all decided against expanding PUP penalties beyond state law, concluding that it was best for their community to support a responsible retail environment rather than penalize youth. Eagan has the opportunity to help prevent another generation from becoming lifelong tobacco users. Thank you for your consideration. Sincerely, Jess Nolan Community Advocacy Director 952-278-7928 Jess.Nolan@heart.org 2395 University Avenue W, Suite 304, Saint Paul, MN 55114-1512 651-379-0196 | www.mntobaccofreealliance.org February 24, 2020 The Honorable Mike Maguire and members of the Eagan City Council Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mayor Maguire and Council Members: I am writing on behalf of Tobacco-Free Alliance to thank the City of Eagan for considering an ordinance to increase the tobacco sales age to 21. Tobacco-Free Alliance is a nonprofit organization working to reduce the harms of tobacco by engaging all segments of the community, particularly youth, through assessment, education and advocacy. We noticed that Eagan’s proposed ordinance contains penalties against 18-20-year-olds for attempted purchase, use, and possession of tobacco products (“PUP penalties”). We hope the Eagan City Council will consider removing PUP penalties. This is a licensing ordinance, and the goal should be holding retailers accountable, not young people. Evidence suggests that PUP laws against youth could actually detract from more effective enforcement measures and tobacco control efforts. PUP laws could shift the blame away from tobacco industry marketing and irresponsible retailer sales and unfairly punish youth and young adults. The vast majority of Minnesota’s 60+ Tobacco 21 communities removed PUP penalties while the Eagan draft ordinance actually increases them. Further, the recent federal Tobacco 21 law focused on retailers and did not penalize kids. The federal Tobacco 21 law is a huge step. However, every level of government should update their regulations as enforcement of tobacco age laws happens at the federal, state and local levels. The popularity of vaping among youth has grown astronomically in the past few years. Younger teens get vapes easily from their older high school peers, who often sell them at school. Keeping these dangerous nicotine devices out of high schools will reduce the number of teens who become addicted to these dangerous tobacco products. Again, thank you for considering raising the tobacco sales age to 21. We respectfully ask that the City of Eagan remove PUP penalties against young people so as not to detract from the positive benefits that this ordinance will provide for our community. Sincerely, Elyse Levine Less Executive Director 1 Christina Scipioni From:Amelia Burgess <DrAmeliaBurgess@calmcourage.org> Sent:Wednesday, February 26, 2020 5:20 PM To:Christina Scipioni; City Council Subject:Tobacco 21 legislation The Honorable Mike Maguire and members of the Eagan City Council Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mayor Maguire and Eagan City Council Members: I write to you as an Eagan resident, parent, and pediatrician, in support of increasing the tobacco sales age in Eagan to 21. However, I am concerned that the proposed ordinance increases penalties against young people for attempted “illegal purchase or procurement” referred to as “PUP” penalties, instead of removing them like most other Tobacco 21 cities in Minnesota have done. I am glad the city is considering this important public health policy to raise the tobacco sales age to 21. In addition to the countless long-term negative health effects of tobacco, nicotine is particularly harmful to the development of the adolescent brain. Research suggests that nicotine interferes with brain maturation and can have long-term effects on development and mental health. Addiction affects the whole family. When we hear this word “addiction” we often think of heroin, methamphetamines, opioids, and alcohol. But tobacco is one of the most heavily used addictive products in the U.S. Nearly all smokers begin using before age 21. The younger that someone is when they start using tobacco, the more likely they will become addicted. This is even more disturbing in light of the dramatic tobacco use increase among teens due to vaping/e-cigarette use. The 2019 Minnesota Student Survey results showed that among 8th grade students, e-cigarette use nearly doubled from 2016 to 2019, and one in four 11th graders now use e-cigarettes. An Institute of Medicine report found that by increasing the legal age to purchase tobacco to 21, smoking initiation among 15-17-year-olds would be reduced by 25 percent. Nicotine is also, at present, a “gateway drug” that precedes use of alcohol, marijuana, benzodiazepine and other pills. I do not support increasing penalties against youth in the city’s tobacco ordinance. These punitive measures have not been proven to reduce youth tobacco use. The tobacco industry has targeted youth for decades, seeking to create generations addicted to its products. Instead of holding industry and retailers accountable, PUP penalties shift responsibility to their victims - young consumers. Public policy is a key aspect of preventing young people from starting down the path of addiction. Adopting this regulation will minimize the accessibility of tobacco to youth and help to prevent a lifetime of addiction. But please consider removing PUP penalties against young people and keep the focus on retailer responsibility. Thank you for your leadership on this important issue. Sincerely, Amelia Burgess, MD, MPH 776 Golden Meadow Road Eagan, MN 55123 ‐‐ Amelia (Amy) Burgess, MD, MPH (She/Her) February 26, 2020 Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mayor Maguire and Members of the Eagan City Council: I am pleased to provide this letter of support on behalf of the Minnesota Medical Association (MMA) for efforts by the City of Eagan to raise the minimum legal sale age for tobacco products to 21. The MMA is deeply appreciative of your leadership and efforts to protect the health of the youth in your community. The MMA represents more than 10,000 physicians, medical residents, and medical students throughout Minnesota. In our efforts to help make Minnesotans the healthiest in the nation, preventing death and disease caused by tobacco and secondhand smoke has long been an MMA goal. The MMA proudly and actively supported passage of the Freedom to Breathe Act in 2007, and strongly supports restricting the sale of tobacco products to individuals under the age of 21. On December 20, 20191, President Trump signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years, effective immediately. Prior to this going into effect, there were nineteen states – Arkansas, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, New York, Ohio, Oregon, Pennsylvania, Texas, Utah, Vermont, Virginia and Washington – who had raised the tobacco age to 21, along with Washington, DC and at least 540 localities. In Minnesota, a total of 49 cities and 11 counties, are now counted in the growing list of localities that have taken action to protect our youth from the harms of tobacco, and it is our hope that the City of Eagan and the rest of Minnesota will follow suit. Cigarette smoking remains the leading preventable cause of death in the United States2, and while there are many strategies already in place to reduce the use of tobacco, a strategy is needed to ensure that adolescents and young adults to do not start to smoke. Raising the minimum legal sale age for tobacco products will delay initiation rates of tobacco use by 1 Campaign for Tobacco Free Kids, States and Localities that Have Raised the Minimum Legal Sale Age for Tobacco Products to 21, available at: https://www.tobaccofreekids.org/content/what_we_do/state_local_issues/sales_21/states_localities_MLSA_21.pdf 2 Centers for Disease Control and Prevention (CDC), Health Effects of Smoking, available at: https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/ adolescents and lower prevalence in the overall population.3 In addition, the downstream effects of smoking – tobacco-related disease – will also decrease in proportion to the reduction in tobacco use. On behalf of the MMA, I urge you to acknowledge the long-term effects of tobacco use on the adolescent brain and adopt an ordinance to protect this community’s children. Sincerely, Keith Stelter, MD MMA President 3 National Academy of Medicine, Public Health Implications of Raising the Minimum Age of Legal Acc ess to Tobacco Products, March 2015, available at: http://www.nationalacademies.org/hmd/Reports/2015/TobaccoMinimumAgeReport.aspx 1 Christina Scipioni From:Swetha Nayak <swetha@ansrmn.org> Sent:Wednesday, February 26, 2020 10:23 AM To:City Council Subject:Support for Tobacco 21 Eagan Dear Mayor Maguire and members of the Eagan City Council: As both an Eagan resident and parent, tobacco prevention is incredibly important to me. Not only do I work in substance abuse prevention, but I have two very young children who I’d like to keep safe from the tobacco industry, and other dangerous entities. I have witnessed first-hand the damage that tobacco does to individuals. Approximately 95 percent of current adult smokers started before they were 21. My grandfather started smoking when he was 14 and, sadly, suffered the consequences. I am happy to learn that the City of Eagan is considering raising the tobacco sales age to 21, especially in light of the new federal Tobacco 21 law that went into effect a few weeks ago. I hope that the Eagan City Council will pass this law to protect our youth from these dangerous products and prevent future generations from a lifetime of tobacco addiction and disease. Leaders at all levels of government including the lawmakers in our city and state should continue to pass lifesaving tobacco prevention policies like this without delay. Thank you, Swetha Nayak 651 Lexie Court ---------------------------- Swetha Nayak, MPH Project Director Minnesota Prevention Resource Center www.mnprc.org Find us on Facebook I Follow us @MNPrevention Association for Nonsmokers - Minnesota 2395 University Avenue West, Suite 310 Saint Paul, MN 55114 Office: (651) 646-3005 Fax: (651) 646-0142 www.ansrmn.org 1 Christina Scipioni From:Renat Zhdanov <alija95@hotmail.com> Sent:Wednesday, February 26, 2020 8:45 AM To:City Council; Dave Osberg; Christina Scipioni Subject:Support of the ordinance changing the tobacco sale age to 21 Dear Eagan City Council, I’m writing in support of changing the sale age of tobacco to 21 years in the City of Eagan. This, along with other strong policies, is another way to effectively address the serious issue of nicotine addiction in youth. I fully support passage of this ordinance as long as it does not include possession, use and purchase (PUP) penalties in it. The federal government no longer includes PUP penalties in their tobacco age laws and national best practices established by leading organizations such as the American Cancer Society and Heart Association support T21 laws being passed without them. Moreover, the vast majority of the dozens of T21 ordinances passed by cities and counties in Minnesota do not include them either. Thank you for your consideration and for your dedication to the City of Eagan. Regards, Gouzel Zhdanov 1260 Berry Ridge Road Eagan, MN 55123 February 27, 2020 The Honorable Mike Maguire and Members of the Eagan City Council 3830 Pilot Knob Rd Eagan, MN 55122 Dear Mayor Maguire and Council Members, Minnesotans for a Smoke-Free Generation is a coalition of more than 60 organizations working to reduce youth tobacco use. With that goal in mind, we urge you to pass a local Tobacco 21 ordinance in Eagan without punishing kids. The federal Tobacco 21 bill was a huge step – but we must adopt Tobacco 21 here in Minnesota. A local Tobacco 21 ordinance will provide much-needed clarity for tobacco retailers and local law enforcement. For decades, the tobacco industry has aggressively marketed to youth and young adults to recruit replacement smokers and guarantee profits. In Minnesota alone, tobacco companies spend more than $100 million a year marketing their deadly products. That figure does not even include prolific e- cigarette marketing. To counteract these industry tactics, we ask you to pass a strong Tobacco 21 policy that does not punish our kids. Specifically, please remove penalties for underage purchase, use and possession of tobacco products (often called PUP) that are included in the draft policy. Our coalition opposes Tobacco 21 policies that include these penalties because they are ineffective and divert focus from addressing irresponsible retailers and the tobacco industry. Raising the tobacco age is about protecting our youth, not punishing them. There is clear consensus among our members and leading national health organizations that Tobacco 21 policies should eliminate penalties on people under 21. We hope you’ll join the many other Tobacco 21 communities in Minnesota and nationally that have decided to stand up for young people and decided not to expand PUP penalties. Immediate action is needed to prevent tobacco addiction among youth. For the first time in nearly two decades, youth tobacco use has increased in Minnesota. The 2019 Minnesota Student Survey found one in four 11th-graders regularly uses e-cigarettes, and the rate of 8th-grade vaping has nearly doubled since 2016. The U.S. Surgeon General calls youth nicotine addiction a national epidemic and has urged lawmakers at all levels to protect kids. The vast majority of addicted smokers start at very young ages. About 95 percent of adult smokers begin before age 21. That means everything possible should be done to stop young people from smoking before they reach 21. As a coalition, our goal is to pass Tobacco 21 at the state level, and we are making progress. However, we cannot wait for action in St. Paul when our youth are at risk. Eagan can send a message and protect kids by joining the growing number of leading communities putting young people above tobacco industry profits. Together, we can build momentum for statewide action. On behalf of Minnesotans for a Smoke-Free Generation, thank you for your leadership and we hope we can count on your support for a Tobacco 21 policy that does not punish our kids. Sincerely, Molly Moilanen Janelle Waldock Co-Chair, Minnesotans for a Co-Chair, Minnesotans for a Smoke-Free Generation Smoke-Free Generation Vice President, ClearWay MinnesotaSM Senior Director of Policy, Blue Cross and Blue Shield of Minnesota About Minnesotans for a Smoke-Free Generation Minnesotans for a Smoke-Free Generation is a coalition of more than 60 organizations that share a common goal of saving Minnesota youth from a lifetime of addiction to tobacco. The coalition supports policies that reduce youth smoking and nicotine addiction, including increasing tobacco prices, raising the tobacco sale age to 21, limiting access to candy-, fruit- and menthol-flavored tobacco, and funding tobacco prevention and cessation programs. Partners include: The African American Leadership Forum, Allina Health, Allina Health | Aetna, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association in Minnesota, Apple Tree Dental, Association for Nonsmokers – Minnesota, Aurora/St. Anthony Neighborhood Development Corporation, Becker County Energized, Blue Cross and Blue Shield of Minnesota, A Breath of Hope Lung Foundation, Cancer Legal Care, CentraCare, Children’s Defense Fund- MN, Children’s Minnesota, ClearWay MinnesotaSM, Comunidades Latinas Unidas En Servicio – CLUES, Dodge County Public Health, Education Minnesota, Essentia Health, Gillette Children's Specialty Healthcare, A Healthier Southwest, HealthPartners, Hennepin Healthcare, Horizon Public Health, Indigenous Peoples Task Force, ISAIAH, JustUs Health, LAAMPP Alumni, Lake Region Healthcare, Local Public Health Association of Minnesota, LPCFC – Lincoln Park Children and Families Collaborative, March of Dimes, Mayo Clinic, Medica, Meeker McLeod Sibley Community Health Services, Minnesota Academy of Family Physicians, Minnesota Association of Community Health Centers, Minnesota Cancer Alliance, Minnesota Council of Health Plans, MHA – Minnesota Hospital Association, Minnesota Medical Association, Minnesota Nurses Association, Minnesota Oral Health Coalition, Minnesota Public Health Association, MNAAP – Minnesota Chapter of the American Academy of Pediatrics, ModelCities, NAMI Minnesota, North Memorial Health, NorthPoint Health & Wellness, Olmsted Medical Center, Open Cities Health Center, PartnerSHIP 4 Health, Perham Health & Living, Preventing Tobacco Addiction Foundation, SEIU Healthcare Minnesota, ShiftMN, St. Paul Area Chamber of Commerce, Steele County Public Health, Tobacco-Free Alliance, Twin Cities Medical Society, UCare, Vision In Living Life – Change is Possible, WellShare International and Zumbro Valley Medical Society. Find out more at: smokefreegenmn.org. 1 Christina Scipioni From:Mallory Dresow <mallorydresow@gmail.com> Sent:Friday, February 28, 2020 9:08 AM To:City Council Subject:Message From an Eagan Resident Dear Mayor Maguire and members of the Eagan City Council: As Eagan residents and parents of Luke and Collin, raising our kids in a supportive, healthy community is one of our top priorities. I was speaking with a student from the University of Minnesota who is leaving Minneapolis and driving to Eagan to buy tobacco products. I was surprised to hear this from a 20 year old and wondered what I could do to prevent my children from this terrible tobacco addiction. We were happy to see that Eagan is considering raising the tobacco sales age to 21, especially in light of the new federal Tobacco 21 law that went into effect. We saw a news story reporting that “several tobacco shops in Eagan” are planning to ignore the federal sales age of 21 because Eagan’s ordinance still only requires customers to be 18. They told the reporter, “They will keep doing so until Eagan city leaders vote to raise the age requirement.” If you haven’t had a chance to see it here is the link: https://minnesota.cbslocal.com/2020/01/06/some‐businesses‐still‐selling‐tobacco‐ products‐to‐ those‐under‐21/ The most effective way to tackle the ongoing burden of tobacco‐related disease on our community is to prevent kids from getting addicted to nicotine in the first place. By increasing the gap between high schoolers and those who can legally purchase tobacco, we are limiting the chances that they can easily access tobacco products through their friend group. We ask that the city of Eagan this lifesaving tobacco policy without penalties for underage purchase, use and possession (PUP). We need to focus on protecting them instead. PUP penalties are not proven to reduce youth tobacco use. This is to protect not just my kids, but all kids from the dangers of tobacco and prevent future generations from a lifetime of tobacco addiction and disease. Sincerely, Mallory & Jason Dresow 4945 Sycamore Drive Eagan MN 55123 Sent from my iPhone February 28, 2020 The Honorable Mike Maguire and Members of City Council City of Eagan Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mayor Maguire and Council Members: I am writing to urge you to support the proposed ordinance to raise the minimum sale age of tobacco products, including e-cigarettes, from 18 to 21. As a resident of Eagan, this matter directly affects me and my family. As the largest health plan in Minnesota, Blue Cross and Blue Shield of Minnesota is committed to improving the health of all Minnesotans, which is why we strongly support local policy change to keep youth away from the harms of tobacco. Additionally, as one of Eagan’s largest employers, Blue Cross is particularly concerned with supporting the health of our community. We know that almost 95 percent of addicted smokers started smoking by the age of 21. The tobacco industry also knows this and heavily targets 18-to-21-year-olds. By using tactics like candy and menthol flavoring, magazine advertisements and event sponsorships to attract young people, the tobacco industry aggressively markets to youth and young adults to recruit replacement smokers and guarantee profits. Raising the age to 21 would result in a 25 percent reduction in initiation by 15-to-17-year-olds. Increasing the tobacco age will prevent 30,000 Minnesota kids from becoming smokers over the next 15 years. An epidemic of e-cigarette use has disrupted a downward trend in youth tobacco use overall. One out of every four Minnesota 11th-graders now report using e-cigarettes – a 54 percent increase since 2016. This policy will have a direct impact on reducing youth access to these products. I also strongly urge you to remove purchase, use and possession (PUP) penalties from your ordinance. PUP penalty language only serves to divert focus from addressing irresponsible retailers and the tobacco industry and, instead, punishes our kids. In 2017, Blue Cross released a study showing that each year, smoking claims over 6,000 Minnesota lives and costs our state $7.5 billion in health care costs and lost productivity. The staggering costs of tobacco in both health care costs and loss of life cannot be compared to the loss of profits for those who want to continue to sell these lethal products. I hope you will take this positive step toward making a smoke-free generation for Eagan youth. Sincerely, Director, Health Equity Advocacy Blue Cross and Blue Shield of Minnesota 1 Christina Scipioni From:Andrea Mowery <andrea.mowery@gmail.com> Sent:Monday, March 2, 2020 1:59 PM To:City Council Cc:Christina Scipioni; Dave Osberg Subject:March 10 meeting about the T21 Ordinance *Please include this e‐mail in the City Council’s packet for their work session on March 10, 2020. Dear Eagan City Council, I’m writing in support of changing the sale age of tobacco to 21 years in the City of Eagan. This, along with other strong policies, is another way to effectively address the serious issue of nicotine addiction among youth. I fully support passage of this ordinance without possession, use and purchase (PUP) penalties in it. The federal government no longer includes PUP penalties in their tobacco age laws and national best practices established by leading organizations such as the American Cancer Society and Heart Association support T21 laws being passed without them. Moreover, the vast majority of the dozens of T21 ordinances passed by cities and counties in Minnesota do not include them either. Please focus enforcement on retailers and sellers, not punishing kids. If you take public comments during the work session on March 10, I would like to briefly speak to these issues. Thank you for your consideration and for your dedication to the City of Eagan. Best Regards, Andrea Mowery 845 Govern Circle Sent from Mail for Windows 10 1 Christina Scipioni From:Angie Scanlon <angiescan@gmail.com> Sent:Monday, March 2, 2020 10:51 PM To:City Council Cc:Dave Osberg; Christina Scipioni; Angie Scanlon Subject:T21 Legislation Dear Eagan City Council, I’m pleased to be writing you in support of the Tobacco 21 ordinance you are considering. Raising the sale age of tobacco and strong enforcement of the ordinance among retailers is another way to prevent and stop kids from using harmful, addictive products such as e‐cigarettes, cigarettes and flavored little cigars. Please pass this ordinance without penalties for minors (possession, use and purchase). After discussing the ineffectiveness of youth penalties, the vast majority of T21 communities in Minnesota do not penalize minors. We should be holding Big Tobacco accountable for addicting youth, not blaming youth for the problem. Thank you for your attention to this pressing issue. Angie Scanlon angiescan@gmail.com The Honorable Mike Maguire and members of the Eagan City Council Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mayor Maguire and members of the Eagan City Council: I am writing on behalf of Pediatric and Young Adult Medicine to express our strong support for raising the tobacco sales age from 18 to 21 in Eagan. As the medical director of our Eagan clinic, and as an Eagan resident and parent, this issue affects me both professionally and personally and I am glad to see that Eagan is considering this important step to protect our community’s youth. We also hope that you will remove purchase, use, and possession (PUP) penalties against young people in the proposed Tobacco 21 ordinance. Pediatric and Young Adult Medicine has proudly served East Metro communities for over 65 years, providing the highest quality comprehensive medical care to children and young adults from birth to age 21. As physicians, we have been on the front line caring for children that have become addicted to nicotine products and their resulting damage to lungs and general health. We know the most effective way to tackle the ongoing burden of tobacco-related disease in our community is to prevent kids from getting addicted to nicotine in the first place. The goal of Tobacco 21 is just that: to limit kids’ access to all tobacco products because we know that 75% of high schoolers in Minnesota get them from someone they know. By increasing the gap between high schoolers and those who can legally purchase tobacco we are limiting the chances that they can easily access tobacco products through their peers. Delaying exposure to and use of these products has a significant impact on our children’s ability to develop healthy habits and make better choices as young adults. The newer vaping devices that we are most concerned about our kids being exposed to, are the very tobacco products that have become very popular among our youth. They are especially concerning because they expose kids to higher nicotine content than other types of e-cigarettes and deliver that nicotine without the harshness of conventional cigarettes, due to the enormous array of candy and fruity nicotine flavors. These devices put youth at an even greater risk for developmental issues and attention deficits while increasing the likelihood they go on to become addicted to cigarettes and other substances later in life. We also strongly urge you to remove PUP penalties from your ordinance. PUP penalty language only serves to divert focus from addressing irresponsible retailers and the tobacco industry and, instead, punishes our kids. Please pass a law that is clear and inclusive, protects all young people, and holds retailers accountable so as not to detract from the positive benefits that this ordinance will provide. Thank you for your leadership. Sincerely, Thomas D. Siefferman MD FAAP, President of Pediatric and Young Adult Medicine 1 Christina Scipioni From:John Kingsbury <jhkingsbury@gmail.com> Sent:Wednesday, March 4, 2020 11:40 AM To:City Council Subject:T21 I am writing to express support for implementing a Tobacco 21 policy in Eagan. I have been a resident of Eagan for a year and a half. My wife and I built a house here because we enjoy the city and see it as a terrific community in which to raise a family. Implementing a T21 policy will further strengthen our brief that Eagan is a community well‐suited for raising a family. Taking this step will help ensure that my son (3 years old) and future daughter (expected in two weeks) are protected from nicotine addiction. Thank you, John 1 Christina Scipioni From:Cheryl Stevenson on behalf of City Council Sent:Tuesday, February 4, 2020 9:11 AM To:Cyndee Fields; Gary Hansen; Meg Tilley; Mike Maguire; Paul Bakken Subject:Tobacco 21 Support Cheryl Stevenson, MCMC Executive Assistant/Deputy City Clerk 3830 Pilot Knob Rd | Eagan, MN 55122 Office: 651-675-5005 https://www.cityofeagan.com From: Heidi Larson <heidibrettlarson@gmail.com> Sent: Monday, February 3, 2020 3:13 PM To: City Council <CityCouncil@cityofeagan.com> Subject: Tobacco 21 Support Dear Mayor Maguire and members of the Eagan City Council, As an Eagan resident and parent I wanted to write to you and express my strong support for your efforts to increase the tobacco sale age to 21 in Eagan. In light of the new federal Tobacco 21 law that went into effect in December, I was happy to hear that the City of Eagan is considering raising the tobacco sales age to 21. Nicotine is addictive and is particularly harmful to the developing adolescent brain. Nicotine can have a long‐term effect on cognitive development, mental health and future addiction. I do hope that the proposed ordinance to raise the minimum sale age of tobacco products from 18 to 21 removes purchase, use and possession (PUP) penalties as well. PUP penalty language only diverts focus from addressing irresponsible retailers and the tobacco industry and, instead, punishes our kids. Tobacco 21, which has been successfully passed in 60 Minnesota cities and counties, is meant to prevent youth tobacco use and addiction and save lives. I am glad to see the City of Eagan puts the health of our kids first and desires to prevent future generations, like my daughter's, from a lifelong addiction to tobacco. Leaders at all levels of government, including the lawmakers in Eagan and in Minnesota, should continue to pass lifesaving tobacco prevention policies like this without delay. Sincerely, Heidi Larson 1175 Duckwood Trail, Unit E Eagan, MN 55123 1 Christina Scipioni From:Elyse Less <elyse@mntobaccofreealliance.org> Sent:Wednesday, March 4, 2020 10:35 AM To:Christina Scipioni Cc:andrea.mowery@gmail.com; Jess Nolan Attachments:Survey Results Tobacco 21_2020-02-21.pdf Hi Christine, I just wanted to let you know that both the cities of Hastings and Lakeville passed Tobacco 21 on Monday night 3/2/20 bringing the total Tobacco 21 ordinances to 67 in Minnesota. Both cities fully removed all PUP penalties. I’ve also attached a fact sheet illustrating the recent poll support among all Minnesotans for Tobacco 21 for the 3/10 council packet. Sincerely, Elyse Less To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Elyse Levine Less, JD, MPH Executive Director Tobacco‐Free Alliance MN www.mntobaccofreealliance.org Office: 651‐379‐0196 Cell: 651‐592‐6061 Sent from Mail for Windows 10 A recent statewide Blue Cross and Blue Shield of Minnesota scientific survey found overwhelming support for public health policies aimed at reducing tobacco’s harm and creating a smoke -free generation in Minnesota. Tobacco 21 Seventy-four percent of Minnesotans support raising Minnesota’s tobacco age to 21. Of those supporters, 49 percent strongly support Tobacco 21. Raising the tobacco age has support across political parties, geographic locations and ethnicities. Between October 2017 and January 2020, raising the tobacco age to 21 saw a 20 percentage point increase in public support. Methodology Information The study contains the results of a Blue Cross and Blue Shield of Minnesota survey administered to 800 randomly selected adult residents in Minnesota by Morris Leatherman Company. Professional interviewers conducted the survey via landline and cell phone calls between January 20 and February 7, 2020. The typical respondents took twenty-four minutes to complete the questionnaire. Cellphone only households with 42% of the sample, landline only households with 10% of the sample; with the remaining 48% having both cellphones and landlines. The results are projectable to all adult residents in Minnesota to within ±3.5% in 95 out of 100 cases. Comparative data uses previous Blue Cross and Blue Shield of Minnesota surveys conducted by Morris Leatherman Company. Blue Cross and Blue Shield of Minnesota is an independent licensee of the Blue Cross and Shield Association. Change in Support For Tobacco Policies MSFG-Senate 1 Christina Scipioni From:Elyse Less <elyse@mntobaccofreealliance.org> Sent:Wednesday, February 26, 2020 1:16 PM To:Christina Scipioni Cc:Jess Nolan; andrea.mowery@gmail.com; Melissa Mady Subject:Eagan Tobacco 21 draft ordinance Dear Christine, Thank you for sending us a copy of the draft Tobacco 21 ordinance. I’m hopeful that the city council will discuss the PUP penalty issue and ultimately remove PUP penalties against young people at the city council work session on 3/10. I wanted to point out an error I noticed in the proposed draft that the city may also want to address. The draft ordinance adds language that puts it out of compliance with state law. See Subd. 17 ‐ Compliance and Inspections. The draft language deleted age "15" and replaced it with "18." Subd. 17 should read instead: “Such compliance cheeks shall involve underage individuals who are over the age of 15 years , but less than 21 years” PHLC suggests two options for best practice compliance check language for Tobacco 21: Option 1: “In accordance with state law, the city will conduct [ at least one compliance check that involves the participation of two persons: one person between the ages of 15 and 17 and one person between the ages of 18 and 20 ] Option 2: [ at least one compliance check that involves the participation of a person between the ages of 15 and 17 and at least one compliance check that involves the participation of a person between the ages of 18 and 20 ] (See PHLC model, p. 18) Please let me know if you have any questions. Sincerely, Elyse Less February 3rd, 2020 Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN, 55122 Dear Mayor Maguire and Members of the Eagan City Council, I am writing on behalf of Twin Cities Medical Society in support of raising the legal age for tobacco sales from 18 to 21 in Eagan. Twin Cities Medical Society (TCMS) is an organization that represents approximately 4,500 physicians and medical students living and working in the seven-county Twin Cities metropolitan area. Our physician members share all too often that tobacco is still a problem for their patients. In fact, tobacco use remains the #1 cause of preventable disease and death in Minnesota. The recent 2019 Minnesota Student Survey revealed that youth vaping in our state has now increased to more than 1 in 4 students. In fact, 26.4% of 11th-graders in Minnesota report vaping. Tobacco 21 is an important and effective prevention policy to help protect our youth and community at large from the harms of tobacco and addiction. Adolescence is a critical time in brain development, and teenagers’ brains are particul arly vulnerable to nicotine addiction. Exposure to nicotine during this time can cause life-long problems in learning, memory and attention, and can make teens’ brains more susceptible to other addictions. Both e- cigarettes and combustible tobacco products also contain dangerous and cancer-causing chemicals including volatile organic compounds, formaldehyde, and heavy metals like lead. TCMS also supports the removal of purchase, use, and possession penalties (PUP) that are currently included in the proposed ordinance. PUP penalties are concerning because 18-20 year olds who have legally purchased tobacco in a different city or state would unknowingly be committing a crime by simply asking to purchase tobacco in Eagan. Increasing the tobacco sales age is not about punishing our kids. It's about protecting them from a lifetime of addiction. By having a strong Tobacco 21 policy that removes PUP penalties and clearly defines e-cigarettes, you will have a major impact on the health of the young people in our communities. Thank you for your work and thoughtful consideration of this important policy. Sincerely, Ryan Greiner, MD President of the Twin Cities Medical Society 1 Christina Scipioni From:Laura Conway <larjcway@gmail.com> Sent:Wednesday, March 4, 2020 8:54 PM To:City Council Cc:Christina Scipioni Subject:Eagan T21 Dear Mayor Maguire and members of the Eagan City Council, I am a 20 year resident of Eagan, a mother of 4, and a nurse. I am passionate about the youth of this community. I was happy to learn that the city of Eagan is considering raising the tobacco age to 21, especially in light of the new federal Tobacco 21 Law that went into effect in January. As a parent, I've been incredibly concerned about vaping and am distressed to learn that youth tobacco use has risen dramatically in Minnesota in the last 3 years. In fact, the 2019 Minnesota Student Survey results showed that among 8th grade students, e‐cig use nearly doubled from 2016‐2019 , and one in four 11th graders now use e‐cigs. I'm also very concerned about nicotine harms to the adolescent brain. Nicotine can harm brain development as teens grow and can have a long term effect on cognitive development, mental health and future addiction. I recently learned that part of updating local laws to raise the tobacco sales age to 21, is removal of Purchase, Use, and Possession (PUP) penalties against youth. I hope that the city council considers removing these PUP penalties and focuses on holding retailers accountable to sell these products only to those 21 and older. My hope is that the Eagan City Council will pass this law to protect our youth from these dangerous products and prevent future generations from a lifetime of tobacco addiction and disease. Please include this letter in the city council packet. Sincerely, Laura Conway 4680 Parkridge Drive Eagan, 55123 1 Information about removing PUP penalties in a Tobacco 21 ordinance Why is it important to remove penalties for underage purchase, use and possession (PUP penalties) in a Tobacco 21 ordinance?  Tobacco licensing ordinances are meant to regulate the behavior of the licensees.  The tobacco industry has targeted youth for decades, seeking to create generations addicted to its products. Instead of holding industry and retailers accountable, PUP laws shift responsibility to their victims- young consumers.  PUP penalties have not been proven to reduce youth tobacco use.i  Data show that PUP penalties open the door to selective enforcement against youth of certain racial and ethnic groups and of low socioeconomic status. Historically, there is evidence that these laws were lobbied for by the tobacco industry to punish youth users while the industry simultaneously targeted, and continues to target, youth (and especially youth of color, poor youth, and young LGBTQIA) to maintain profits (replacing their dying consumer base).ii  PUP penalties stigmatize youth who smoke/vape. Stigma is not an effective public health intervention, and it may keep kids from seeking cessation treatment or education.iii  National organizations like Campaign for Tobacco Free Kids, the American Cancer Society, the American Heart Association, and the state-wide Minnesotans for a Smoke-Free Generation coalition, agree that Tobacco 21 policies should eliminate PUP penalties.  57 MN cities have Tobacco 21 ordinances (as of 01/10/20). Almost all cities that had PUP penalties, removed them completely, following best practices suggested by the League of MN Cities and the Public Health Law Center model language. pages 34-35 League of MN Cities handbook  The three Dakota County cities that raised the tobacco sales age to 21 removed all PUP penalties (Mendota Heights, West St. Paul, and Lilydale). For more information please contact Elyse Levine Less at: Elyse@mntobaccofreealliance.org i Wakefield M, Giovino G. Teen penalties for tobacco possession, use, and purchase: evidence and issues. Tob Control. 2003;12 Suppl 1:i6‐13. http://tobaccocontrol.bmj.com/content/tobaccocontrol/12/suppl_1/i6.full.pdf; TobaccoFreeKids PUP Fact Sheet ii Forster JL, Komro KA, Wolfson M. Survey of city ordinances and local enforcement regarding commercial availability of tobacco to minors in Minnesota, United States. TobaccoControl. 1996;5(1):46‐51. iii Wakefield M, Giovino G. Teen penalties for tobacco possession, use, and purchase: evidence and issues. TobaccoControl. 2003;12(suppl 1):i6‐i13. 1 Christina Scipioni From:Elyse Less <elyse@mntobaccofreealliance.org> Sent:Thursday, April 30, 2020 2:36 PM To:Christina Scipioni; City Council Subject:Proposed Tobacco 21 ordinance language Attachments:2020-05-05 Tobacco Ordinance Amendment_suggested minimal language changes_04_30_20.docx Dear Mayor Maguire and members of the Eagan City Council: Thank you for directing city staff to remove PUP penalties from the City’s proposed Tobacco 21 ordinance at the March 10th work session. We are grateful that the Council understands that the tobacco licensing ordinance should focus on tobacco retailer sales and responsibility. After review of the proposed ordinance posted yesterday on the City of Eagan website, I noticed a few oversights in other sections of the tobacco ordinance that do not reflect the City’s removal of PUP penalties. The City may want to update these sections to provide consistency, clarity and ease of compliance and enforcement. I asked the Public Health Law Center (PHLC) to do a quick review of the draft ordinance and provide comments focused on the changes related to raising the tobacco sales age to 21. Attached is a copy of your draft ordinance updated with minimum changes suggested by PHLC to address these concerns. Suggested language changes made by PHLC are highlighted and include a corresponding comment. (See PHLC disclaimer below.) I specifically want to point to potential oversights in Subd.19 Administration Procedures and Penalty that do not reflect the removal of PUP penalties made in the new proposed Tobacco 21 ordinance. F. Misdemeanor Prosecution – See suggested change and comment to reflect application to persons 21 and older H(3) Underage Individuals – See suggested change and comment to reflect the City’s intent to remove PUP. Suggested language is also included to allow the penalty for underage use of false ID to be nonmonetary and non-criminal. Please let me know if you have any questions. Thank you for your leadership and thoughtful consideration of the language needed for a clear, comprehensive and easily enforceable Tobacco 21 ordinance. I look forward to “seeing you” at the City Council meeting on 5/5. Sincerely, Elyse Less From PHLC: Public Health Law Center does not lobby, nor does it provide legal representation or advice. However, based on our experiences with regulation of commercial tobacco products throughout the country, we are able to provide you with our observations and other educational information regarding your questions about commercial tobacco retail licensing. This information is for educational purposes only; we do not request that a policymaker take any specific action in regard to our comments, nor should our comments be considered a replacement for legal advice. If you require a legal opinion, we encourage you to consult with local legal counsel. That said, we hope that our comments and suggestions are helpful to you. 2 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Elyse Levine Less, JD, MPH Executive Director Tobacco‐Free Alliance MN www.mntobaccofreealliance.org Office: 651‐379‐0196 Cell: 651‐592‐6061 Sent from Mail for Windows 10 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY AMENDING SECTION 6.34 REGARDING SALE OF TOBACCO AND ELECTRONIC DELIVERY DEVICES & PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is amended by revising Section 6.34 to read as follows: Sec. 6.34. – Tobacco. Subd. 1. Purpose. The city recognizes that the sale of tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products tomany persons under the age of 18 21 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco related devices, and such sales, possession and use areis a violations of both state and federal laws. Thus, the city intends to regulate the sale, possession and use of tobacco, tobacco products, and tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to prevent and protect minors underage individuals against the illegal usehealth harms of tobacco, tobacco products, and tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products, and to further the official public policy of the State of Minnesota, as stated in Minn. Stat., § 144.391, in regard to preventing minorunderage individuals from starting to smoke. Subd 2. Definitions. The following terms, as used in this section, shall have the meanings stated: Compliance checks means the enforcement system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco related devices are following and complying with the requirements of this section. Compliance checks shall involve the use of minorunderage individuals as authorized by this section whereby the authorized minorunderage individual attempts to purchase tobacco, tobacco products or tobacco related devices for the purpose of enforcement of this section, as well as educational, research and training purposes as authorized by state and federal laws. Electronic delivery device means any product, including any component part of a product whether marketed or sold together or separately, containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device does not include any product that has been approved or certified by the Unites States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco- dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. Hearing officer means the city administrator or any other city employee duly appointed by the city administrator. Commented [EL1]: From PHLC: PHLC was not requested to provide a comprehensive review of this ordinance, but were asked by Tobacco-Free Alliance to provide a quick review focused on the changes related to MLSA of 21. However, there are many additional revisions we would make if requested to ensure compliance with federal/state law and best public health practices. Some of those changes are included here, but we would be happy to provide a more comprehensive review of the ordinance upon request. Commented [EL2]: From PHLC: It is important to list all products intended to be regulated under this ordinance in the purpose section. Commented [EL3]: Federal law does not at all penalize underage purchase, use, or possession (i.e., PUP is not illegal under federal law—it is not addressed/it is silent/it is not criminalized or illegal.). Bill language for state T21 is the same—PUP is not addressed/not illegal. State law only currently penalizes PUP of people under the age of 18, not 21. Commented [EL4]: From PHLC: The City no longer regulates possession/use if PUP is removed. Commented [EL5]: From PHLC: The ordinance is missing some important language which I have noted below—specifically in their definition of smoking and the definition of nicotine or lobelia delivery products. Commented [EL6]: See comment Subd. 18c 2 Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to: single cigarette packs; single bags or cans of loose tobacco in any form; and single cans or other packaging of snuff or chewing tobacco; cartons or other packaging containing more than a single pack or other single container as described in this paragraph shall not be considered individually packaged. Loosies means the common term used to refer to a single or individually wrapped cigarette. MinorUnderage individual means any person under the age of 1821 years. Moveable place of business shall mean any form of business operated by which sales are made by U.S. Mail or other courier service or online (internet) services or out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Nicotine and lobelia delivery product means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device. The term tobacco or tobacco products exclude any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for an approved purpose. Retail establishment means any place of business where tobacco, tobacco products or tobacco related devices are available for sale to the general public, including, but not be limited to: grocery stores; convenience stores; liquor establishments; and restaurants. Sale or sell means any transfer of goods for money, trade, barter, or other consideration. Self-service merchandising means open displays of tobacco, tobacco products or tobacco related devices for sale in any manner which any person may have access to tobacco, tobacco products or tobacco related devices without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention for access shall require the actual physical exchange of the tobacco, tobacco product or tobacco related device between the customer and the license or employee. For purposes of this definition, self-service merchandising does not include vending machines. Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation. Smoking also includes carrying or using an activated electronic delivery device. Tobacco or tobacco products shall mean any substance, item, or product containing, made or derived from tobacco that is intended for human consumption whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or any component, part, or accessory of a tobacco product, including but not limited to: cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobacco; dipping tobacco; refuse scraps; clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. The term tobacco or tobacco products exclude any tobacco product that has been Commented [EL7]: From PHLC: Language is needed to ensure that FDA cessation products are not regulated under this chapter. I copied and pasted the language from the FDA def. of tobacco products. Commented [EL8]: From PHLC: This definition of smoking does not include the use of electronic delivery devices or carrying activated EDDs. I have added a sentence that would capture those products in the definition. 3 approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for an approved purpose. Tobacco related device means any product intentionally designed or intended to be used in connection with chewing, sniffing, smoking or using tobacco or tobacco products, including a pipe, rolling papers, tobacco or tobacco product carrying case or lighter. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the device by the person seeking to purchase or otherwise obtain the tobacco, tobacco products or tobacco related device. Subd. 3. License required. It is unlawful for any person to, directly or indirectly, keep for retail sale, sell at retail, or otherwise dispose of any tobacco, tobacco product or tobacco-related device without a license therefor from the city. Subd. 4. License application . Application for a license to sell tobacco, tobacco products or tobacco related devices hereunder shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential address and telephone number, the name of the business, the address and telephone number for which the license is sought, and any additional information the city deems necessary. Upon receipt of a complete application and license fee, the city clerk shall forward a copy to the police department for completion of a background investigation. If the city clerk determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 5. Action on license application. The city clerk may either approve or deny the license, or may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city clerk approves the license, a license shall be immediately issued to the applicant. If the city clerk denies the license, notice of the denial shall be given to the applicant. The city clerk may deny a license on the following grounds: A. The applicant is under the age of 1821 years. B. The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provisions or other regulation relating to tobacco or tobacco products or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding 12 months of the date of application. D. The applicant fails to provide information required on the application or provides false or misleading information. E. The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. Subd. 6. Conditions of license. A. Separate licenses shall be issued for the sale of tobacco, tobacco product or tobacco- Commented [EL9]: See comment Subd 18 c 4 related devices at each fixed place of business and no license shall be issued for a moveable place of business. B. The licensee shall comply with all provisions on this section. C. Notwithstanding any exceptions for tobacco products shops as set forth in the Minnesota Clean Indoor Air Act, no licensee shall directly or indirectly permit smoking in the licensed premises. All licensees under this section shall be responsible for the actions of their employees and patrons in regard to any smoking in the licensed premises. Subd. 7. Duration of license. All licenses issued under this section shall expire on December 31st of each year. Subd. 8. Suspension or revocation. Any license issued under this section may be revoked or suspended for any violation of this section or for any violation of any federal, state or other law, ordinance or regulation relating to tobacco products or tobacco related device as follows: A. A licensee's authority to sell cigarettes at the licensed location may be suspended for a violation of this section. B. In the case of suspension, there shall be no license refund. C. License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this section of any officer, director, manager, or other agent or employee of any license. Subd. 9. Termination of license. All licenses issued under this section shall be valid only for the premises for which the license was issued and only for the person to whom the license was issued. No license may be transferred to another location or person and any transfer or change of ownership of the licensed premises shall terminate the license. Subd. 10. Moveable place of business. No license shall be issued to a moveable place of business. Subd. 11. Display of license. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd. 12. Renewals. The renewal of a license issued under this section shall be made in accordance with this section as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days before the expiration of the current license. No license shall be renewed in the absence of payment of the annual license fee. Subd. 13. Investigation and License fees. No license shall be issued under this section until the investigation fee and license fee is paid in full. The fees for an investigation and license under this section shall be in an amount set forth by city council resolution. Subd. 14. Unlawful Sales. It shall be unlawful for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: A. To any person under the age of 1821 years; B. By means of any type of vending machine; Commented [EL10]: From PHLC: This needs to be updated to reflect all products licensed under this ordinance. 5 C. By means of self-service merchandising, unless granted an exemption under the licensee's license as provided herein; D. Containing opium, morphine, jimpson [jimson] weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. A licensee under this section may be exempt from the self-service merchandising prohibition set forth above if: (1) The licensee's establishment derives 90 percent or more of its total revenues from tobacco, tobacco products and tobacco related device sales; (2) The licensee prohibits any person under the age of 1821 from entering the licensed premises at all times; and (3) The licensee's license authorizes self-service merchandising and is subject to the condition that no person under the age of 18 21 shall be permitted within the licensed premises at any time. It is not unlawful for any person who has attained the age of 18 years to enter a licensed premises for the purpose to perform work as an employee of the establishment, including the sale of tobacco, tobacco products and tobacco related devises, unless otherwise prohibited by statute. Subd. 15. Self-service sales. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area, including a case or other storage unit, which is not freely accessible and not left open or accessible by the general public. This section shall not apply to any licensee that was granted an exemption under its license for self- service merchandising. Subd. 16. Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the licensee. Nothing in this section shall be construed as prohibiting the city from subjecting a licensee's employee to any penalties appropriate under this section, state or federal law, or other applicable law or regulation. Subd. 17. Compliance checks and inspections. All licensed premises shall be open to inspection by the city during licensee's regular business hours. From time to time, but at least once twice per calendar year, the city shall conduct unannounced compliance checks to ensure compliance with the provisions of this section and state law. Such compliance cheeks shall involve minorunderage individuals who are over the age of 15 years, but less than 1821 years (with the written consent of their parent or guardian if under the age of 18), who shall enter the licensed premise and purchase or attempt to purchase tobacco, tobacco products or tobacco related devices. Commented [EL11]: From PHLC: This should be updated to age 21. 6 MinorUnderage individuals used for the purpose of compliance cheeks shall be supervised by designated law enforcement officers or other designated city personnel. MinorUnderage individuals used for compliance checks shall not be in violation of any law prohibiting the purchase or attempted purchase, or the unlawful possession of tobacco, tobacco products or tobacco related devices by a minorunderage individual when such items are obtained as a part of the compliance check. No minorunderage individual used in compliance checks shall attempt to use a false identification misrepresenting the minorunderage individual's age, and shall answer all questions about the minorunderage individual's age asked by the licensee or licensee's employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit other or additional compliance checks authorized by state or federal laws for educational, research, or training purposes required for the enforcement of a particular state or federal law. Subd. 18. Unlawful acts sale, purchase or possession. Unless otherwise provided, the following acts shall be unlawful. A. Illegal possession. It is unlawful for any person under the age of 18 to have in his or her possession any tobacco, tobacco product, or tobacco related device. This division shall not apply to persons under the age of 18 21 lawfully involved in a compliance check or fulfilling his or her duties as an employee of the licensee in making a retail sale. B. Illegal purchase by minor. It shall be unlawful for any person under the age of 18 to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device. It shall be unlawful for any person under the age of 18 to purchase, attempt to purchase, or possess a product that contains or delivers nicotine or lobelia and is intended for human consumption. This division shall not apply to minors lawfully involved in a compliance check. CA. Illegal purchase or procurement for minorunderage individual. It shall be unlawful for any person to purchase or otherwise obtain for or provide to any person under the age of 18 21 any tobacco, tobacco product, or tobacco related device. It shall further be unlawful for any person to coerce or attempt to coerce a person under the age of 18 21 to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This division shall not apply to any person engaging with a person under the age of 18 21 lawfully involved inas a part of a compliance check. DB. Use of false identification. It shall be unlawful for any person under the age of 1821 to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. EC. Illegal sale to person under the age of 1821. It shall be unlawful for any person to sell, obtain for or otherwise provide to any person under the age of 1821 tobacco or a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product, that is not tobacco as defined in this chapter. This section shall not apply to a parent or legal guardian of a person under the age of 1821 who obtained or provided to the person under the age of 1821 such product if the product has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction or for other medical purposes, and is being marketed and sold solely for the approved purpose. Commented [EL12]: From PHLC: The word “illegally” should be removed since PUP is removed. Commented [EL13]: From PHLC: Sale to person under age 21 is already prohibited above. So this section can be deleted. But this paragraph also has the language about parent/guardian providing cessation products. If the definition of tobacco products/e-cigs/etc. has the clear exclusion for FDA cessation products, then this is unnecessary language to presumably protect the right of parents to provide medication to their children. I have highlighted in yellow in the definitions where the appropriate FDA cessation language occurs, which would obviate this language. I also noticed that their definition of nicotine or lobelia delivery products does NOT include this FDA cessation language. I inserted the language. If not included there, then that could mean that such products ARE regulated under this chapter—including requiring licensing, etc. 7 FD. Child resistant packaging required. It is unlawful for a licensee hereunder to sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, that is not contained in "child- resistant packaging" as the term is defined and as is required in Minn. Stat. §461.20. Subd. 19. Administration procedures and penalty. A. Notice. Upon discovery of a violation of this section, a citation that sets forth the alleged violation and which shall inform the alleged violator of his/her right to be heard on the accusations shall be issued and served upon the violator either personally or by mail. B. Hearings. If a person accused of violating this section requests a hearing within ten days of the issuance of the citation, a hearing shall be scheduled, of which the time and place shall be published and provided to the accused violator, but in no event more than 14 days after the violator's request for a hearing. C. Hearing officer. Such hearing shall be held before the hearing officer and shall be open to the public. D. Decision. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions detailing whatever violation has occurred and whether the alleged violator committed it. A copy of the hearing officer's written findings of fact and conclusions shall be provided to the accused violator. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the accused violator. E. Appeals. The violator may appeal the decision made by the hearing officer to the district court. F. Misdemeanor prosecution. A violator of any provision of this section by a person aged 21 or older shall be deemed a misdemeanor. If the violator is criminally charged, no administrative penalty shall be imposed. G. Continued violation. Each day which a violation occurs or continues shall constitute a separate offense. H. Penalties. 1. Licensees. Any licensee found to have violated this section, or whose employee has violated this section, shall be charged an administrative fine of $75.00 for a first violation of this section; $200.00 for a second violation at the same licensed premises within a 24- month period; and $250.00 for a third or subsequent violation at the same licensed premises within a 24-month period. In addition, upon the third violation, the license shall be suspended for seven days. Upon the fourth or subsequent violation at the same licensed premises that has occurred since the date on which the city issued its initial license to the licensee under this section, the city council shall determine the penalty to be imposed. 2. Other individuals. Individuals, other than minorunderage individuals under the age of 21 regulated by subparagraph H(3) herein, found to be in violation of this section shall be charged an administrative fee of $50.00, unless the individual is charged with a criminal offense arising out of the same violation. Commented [EL14]: From PHLC: For the same reasons noted above for removing PUP, misdemeanor prosecution for any violations should be reserved for those 21 years of age or older. 8 3. MinorUnderage individuals. MinorUnderage individuals found to have used a false identification to purchase or attempt to purchase tobacco, tobacco product, or tobacco related devices may only be subject to non-criminal, non-monetary civil penalties such as tobacco-related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate. The City Council will consult with court personnel, educators, parents, children and other interested parties to determine an appropriate penalty for persons under the age of 21 in the city. The penalty may be established by ordinance and amended from time to time. in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as nay any other adult person charged with a violation of the law or any other juvenile or minor charged with a violation of the law, as the case may apply. 4. Suspension upon failure to pay administrative penalty. Any administrative fine imposed hereunder shall be paid by the licensee within 30 days of the date of notice. The licensee's failure to pay the administrative fine within 30 days of the date of notice shall be grounds for suspension of the license and the license shall remain suspended until the administrative fine is paid in full, plus any surcharge or interest imposed for late payment. Subd. 20. Exceptions and defenses. A. Religious, spiritual or cultural ceremony. Nothing in this section shall prevent the providing of tobacco, tobacco products or tobacco related devices to an underage person minor as part of a lawfully recognized religious, spiritual or cultural ceremony, provided if the underage person is under the age of 18, then with the consent of the minor's parent or legal guardian is required. B. Reliance of proof of age. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by state law. Subd. 21 . Electronic delivery devices and nicotine and lobelia delivery products . All of the license, sale, purchase, possession, use and enforcement provisions in this section relating to tobacco, tobacco products or tobacco related devices shall apply fully and to the same extent to electronic delivery devices and nicotine and lobelia delivery products. Subd. 22. Employee Training Program. Prior to the approval or issuance of an initial license or renewal license under this Section, the applicant shall provide proof of an employee training program to be implemented throughout the duration of the annual license. A license holder seeking renewal of a license shall provide verification that an employee training program that complies with standards as set forth herein was implemented during the immediately preceding license year. An employee training program required hereunder shall be presented to each employee within 3 days of hire/start date and to all employees once per year. The program shall provide the information and tools necessary for employees to comply with the federal and state laws, including regulations, and City regulations herein, governing the sale and distribution, including youth access, and the advertising and promotion of cigarettes, smokeless tobacco, and covered tobacco products. The program shall instruct employees that the sale of tobacco, tobacco products and tobacco related devices to an underage individual is illegal; what proof of age is legally acceptable, and that a sale to a an underage individual or other violation of this Section can subject the license holder and their employee to criminal penalties, civil fines or both. Commented [EL15]: From PHLC: This may have been oversight when PUP was removed above. In short, this reinstitutes PUP with full penalties for underage persons. Instead, the only way this ordinance penalizes persons under age 21 once PUP is removed is for use of false ID. The language has been amended to reflect the City’s intent to remove PUP and allow the penalty for underage use of false ID to be nonmonetary and non-criminal. Commented [EL16]: From PHLC: These terms should be removed if the intent is to remove PUP. 9 Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __ ____________________________ By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 10 The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on . ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY AMENDING SECTION 6.34 REGARDING SALE OF TOBACCO AND ELECTRONIC DELIVERY DEVICES & PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. Section 6.34, governing the City’s tobacco sales and licensing regulations, was amended to change age 18 to age 21 for permissible sales and procurement and to require licensees to implement an employee training program. Section 6.34 was also amended to delete the provisions that penalize underage persons for the purchase, use and possession of tobacco and tobacco products. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. Commented [PHLC17]: 1 MSBA Board Certified Real Property Specialist | 2 Qualified Neutral Under Minn. Gen. R. Prac. 114 Individual Attorneys also Licensed in Wisconsin and Missouri ________________________________________________________________________ MEMORANDUM DATE: April 24, 2020 TO: Mayor & Council Members FROM: City Attorney Office RE: Tobacco Sales License Ordinance Amendment Response to Tobacco Free Alliance’s Proposed Ordinance Revisions In accordance with staff’s request, our office reviewed the proposed revisions to the City’s draft Ordinance Amendment submitted by Elyse Less of Tobacco Free Alliance. For ease in responding to each of the many requested changes (and comments by Ms. Less), we provided our response and recommendation to each in a “reply comment” balloon in the right margin. A copy of Ms. Less’ redlined version with this office’s reply comments is attached. A summary of our responses/recommendations is as follows: • Purpose Statement. While Subd. 21 makes all provisions of this Section applicable to electronic delivery devices and nicotine or lobelia delivery products, we have no legal objection to explicitly identify those products, in addition to tobacco and tobacco products, in the Purpose Statement. Also, no objection to replace “illegal use” with “health harm” in the 2nd sentence. However, the suggestion to remove or revise the statement regarding the sale, possession and use as violations of federal or state law is not recommended. Possession and use of tobacco products and delivery devices by persons under age 18 is illegal under MN state laws. While the city’s draft ordinance amendment deletes the provisions that make it unlawful for underage persons to buy, possess or use, the federal and state laws provide additional purpose of regulating the sellers of tobacco and other products to prevent the underage persons from obtaining the products (It is federally unlawful to sell to underage individuals and it is unlawful under MN law to sell and for underage person to buy, possess and use. Regulate the selling to prevent the buying). • Definitions. The proposal to add the exclusion provision for FDA tobacco or tobacco products for cessation or medical purposes in the various definitions is not recommended. First, the exclusion does not apply to the “non -tobacco” products regulated under the ordinance, (i.e. nicotine or lobelia delivery products, or electronic delivery devises which do not contain “tobacco”), and thus, should not be in definition of those terms. 2 The proposed sentence to add to the definition of “smoking” to include use of electronic delivery devices is not recommended. As the term “smoking” is defined and used throughout Section 6.34, it does not apply to exhaling vapors from an “e-cig” delivery devise. The term is used in the true sense of “smoke” and application of the MN Clean Air Act. • License suspension grounds Subd. 8 (A). The proposal to change the term “cigarettes” to reflect all the regulated products is recommended. The revision was made to our draft Ordinance Amendment. • Self-service merchandising Subd. 14. Subpart (3) regarding conditions of exemption for sale by self-service has been revised to change the age from 18 to 21. • Compliance checks Subd. 17. The proposal to add “and state law” as a compliance condition is not recommended. The age remains at 18 under current state law and thus, adding compliance with “state law” may create a conflict for compliance checks. If fail to meet terms of City licensing regulations, then licensee fails compliance check. • Unlawful Acts Subd. 18. The proposed changes in Clause A are acceptable and have been incorporated into revised ordinance amendment. The suggestion to delete Clause C (previously E) is not recommended. While it may re-state that the sale to person under 21 is unlawful, it also provides exceptions to unlawful sale and procurement to underage persons, including the FDA approved products as was suggested to be added into the definition terms. • Misdemeanor defined. Subd. 19 (F). It is not recommended to add the age of violator caveat in stating the level of criminal offense for a violation of the Section. The ordinance amendment removed the provision making it unlawful for an underage person to buy, use or possess under City Ordinance. However, an individual under 21 could violate this Section. For example, a clerk who is 20-year-old could illegally sell to a 16- year-old; or a 20-year-old may purchase/procure tobacco for his 19-year-old friend. If proposed language added, then those individuals are exempt from criminal misdemeanor charges. • Penalties. Subd. 19(H). The suggestion to replace the term “underage individuals” with “individuals under the age of 21” in Subpart 2 is not recommended. The term “underage individual” is explicitly defined and used through out Section 6.34 to mean a person under age 21. Hence, revision unnecessary. The requested revisions/added language to Subpart 3 in which it deletes current language and replaces with civil penalty and programs for underage violators. The basis for the proposed revision is that the City removed “PUP” from its regulations. It is not recommended to add the suggested language or delete the current language. Although the draft ordinance amendment will remove underage possession, use or purchase as a violation of law, it is still a violation to buy, possess or use under MN state law. Under the state criminal code chapter, it is a violation for an underage person to possess or purchase, and under Dept of Health statutes, it is a crime for a minor to use tobacco products on public school property. Subdivision 19.H.3 simply states that an underage individual found to have violated the law will be subject to any applicable penalty under such state law(s) (not City Code). 3 Additionally, the proposed language provides for penalties for non-licensees that the city has no authority to impose or collect. It further has city council acting as a judge and jury of a violation which is not within a council’s duties or authority. • Electronic delivery devices. Subd. 21. The proposed revision is acceptable in part. The ordinance amendment was revised to remove “possession” and “use,” but term “purchase” should remain because the Ordinance still makes it unlawful for a third party to purchase the product(s) for an underage person. The foregoing provides our recommendations to the significant proposed changes. However, all of Ms. Less’ requested revisions are each addressed in her redlined amendment with our reply comment balloon. SKH/skh ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY AMENDING SECTION 6.34 REGARDING SALE OF TOBACCO AND ELECTRONIC DELIVERY DEVICES & PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is amended by revising Section 6.34 to read as follows: Sec. 6.34. – Tobacco. Subd. 1. Purpose. The city recognizes that the sale of tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products tomany persons under the age of 18 21 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco related devices, and such sales, possession and use areis a violations of both state and federal laws. Thus, the city intends to regulate the sale, possession and use of tobacco, tobacco products, and tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to prevent and protect minors underage individuals against the illegal usehealth harms of tobacco, tobacco products, and tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products, and to further the official public policy of the State of Minnesota, as stated in Minn. Stat., § 144.391, in regard to preventing minorunderage individuals from starting to smoke. Subd 2. Definitions. The following terms, as used in this section, shall have the meanings stated: Compliance checks means the enforcement system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco related devices are following and complying with the requirements of this section. Compliance checks shall involve the use of minorunderage individuals as authorized by this section whereby the authorized minorunderage individual attempts to purchase tobacco, tobacco products or tobacco related devices for the purpose of enforcement of this section, as well as educational, research and training purposes as authorized by state and federal laws. Electronic delivery device means any product, including any component part of a product whether marketed or sold together or separately, containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device does not include any product that has been approved or certified by the Unites States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco- dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. Hearing officer means the city administrator or any other city employee duly appointed by the city administrator. Commented [EL1]: From PHLC: PHLC was not requested to provide a comprehensive review of this ordinance, but were asked by Tobacco-Free Alliance to provide a quick review focused on the changes related to MLSA of 21. However, there are many additional revisions we would make if requested to ensure compliance with federal/state law and best public health practices. Some of those changes are included here, but we would be happy to provide a more comprehensive review of the ordinance upon request. Commented [EL2]: From PHLC: It is important to list all products intended to be regulated under this ordinance in the purpose section. Commented [SH3R2]: While Subd. 21 makes all provisions of this Section applicable to electronic delivery devices and nicotine or lobelia delivery products, no legal objection to add into City ordinance. Commented [EL4]: Federal law does not at all penalize underage purchase, use, or possession (i.e., PUP is not illegal under federal law—it is not addressed/it is silent/it is not criminalized or illegal.). Bill language for state T21 is the same—PUP is not addressed/not illegal. State law only currently penalizes PUP of people under the age of 18, not 21. Commented [SH5R4]: Proposed revision not recommended. Sales are violations of both federal and state laws as to either age 18 or 21. Possession and use remains unlawful for person under 18 under state law. Revised to read as an either/or/both jurisdictions Commented [EL6]: From PHLC: The City no longer regulates possession/use if PUP is removed. Commented [SH7R6]: Acceptable change Commented [SH8]: Acceptable and made to draft Ordinance. Commented [EL9]: From PHLC: The ordinance is missing some important language which I have noted below—specifically in their definition of smoking and the definition of nicotine or lobelia delivery products. Commented [EL10]: See comment Subd. 18c 2 Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to: single cigarette packs; single bags or cans of loose tobacco in any form; and single cans or other packaging of snuff or chewing tobacco; cartons or other packaging containing more than a single pack or other single container as described in this paragraph shall not be considered individually packaged. Loosies means the common term used to refer to a single or individually wrapped cigarette. MinorUnderage individual means any person under the age of 1821 years. Moveable place of business shall mean any form of business operated by which sales are made by U.S. Mail or other courier service or online (internet) services or out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Nicotine and lobelia delivery product means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device. The term tobacco or tobacco products exclude any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for an approved purpose. Retail establishment means any place of business where tobacco, tobacco products or tobacco related devices are available for sale to the general public, including, but not be limited to: grocery stores; convenience stores; liquor establishments; and restaurants. Sale or sell means any transfer of goods for money, trade, barter, or other consideration. Self-service merchandising means open displays of tobacco, tobacco products or tobacco related devices for sale in any manner which any person may have access to tobacco, tobacco products or tobacco related devices without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention for access shall require the actual physical exchange of the tobacco, tobacco product or tobacco related device between the customer and the license or employee. For purposes of this definition, self-service merchandising does not include vending machines. Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation. Smoking also includes carrying or using an activated electronic delivery device. Tobacco or tobacco products shall mean any substance, item, or product containing, made or derived from tobacco that is intended for human consumption whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or any component, part, or accessory of a tobacco product, including but not limited to: cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobacco; dipping tobacco; refuse scraps; clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. The term tobacco or tobacco products exclude any tobacco product that has been Commented [EL11]: From PHLC: Language is needed to ensure that FDA cessation products are not regulated under this chapter. I copied and pasted the language from the FDA def. of tobacco products. Commented [SH12R11]: Recommend not to add. First, the proposed language is regarding tobacco and tobacco products and the term defined is nicotine or lobelia delivery products which may not constitute “tobacco” or ‘tobacco product.” Second, this exempting language is provided elsewhere in the Section relative to stated violations. Commented [EL13]: From PHLC: This definition of smoking does not include the use of electronic delivery devices or carrying activated EDDs. I have added a sentence that would capture those products in the definition. Commented [SH14R13]: Recommend not accept proposed revision. As the term “smoking” is used throughout Section, it does not apply to exhaling vapors from an “e-cig” delivery devise. The term is used in the true sense of “smoke”and application of the MN Clean Air Act. 3 approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for an approved purpose. Tobacco related device means any product intentionally designed or intended to be used in connection with chewing, sniffing, smoking or using tobacco or tobacco products, including a pipe, rolling papers, tobacco or tobacco product carrying case or lighter. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the device by the person seeking to purchase or otherwise obtain the tobacco, tobacco products or tobacco related device. Subd. 3. License required. It is unlawful for any person to, directly or indirectly, keep for retail sale, sell at retail, or otherwise dispose of any tobacco, tobacco product or tobacco-related device without a license therefor from the city. Subd. 4. License application . Application for a license to sell tobacco, tobacco products or tobacco related devices hereunder shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential address and telephone number, the name of the business, the address and telephone number for which the license is sought, and any additional information the city deems necessary. Upon receipt of a complete application and license fee, the city clerk shall forward a copy to the police department for completion of a background investigation. If the city clerk determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 5. Action on license application. The city clerk may either approve or deny the license, or may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city clerk approves the license, a license shall be immediately issued to the applicant. If the city clerk denies the license, notice of the denial shall be given to the applicant. The city clerk may deny a license on the following grounds: A.The applicant is under the age of 1821 years. B.The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provisions or other regulation relating to tobacco or tobacco products or tobacco related devices. C.The applicant has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding 12 months of the date of application. D.The applicant fails to provide information required on the application or provides false or misleading information. E.The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. Subd. 6. Conditions of license. A.Separate licenses shall be issued for the sale of tobacco, tobacco product or tobacco- Commented [EL15]: See comment Subd 18 c Commented [SH16R15]: Not accept for same reason as stated above 4 related devices at each fixed place of business and no license shall be issued for a moveable place of business. B.The licensee shall comply with all provisions on this section. C.Notwithstanding any exceptions for tobacco products shops as set forth in the Minnesota Clean Indoor Air Act, no licensee shall directly or indirectly permit smoking in the licensed premises. All licensees under this section shall be responsible for the actions of their employees and patrons in regard to any smoking in the licensed premises. Subd. 7. Duration of license. All licenses issued under this section shall expire on December 31st of each year. Subd. 8. Suspension or revocation. Any license issued under this section may be revoked or suspended for any violation of this section or for any violation of any federal, state or other law, ordinance or regulation relating to tobacco products or tobacco related device as follows: A.A licensee's authority to sell cigarettes at the licensed location may be suspended for a violation of this section. B.In the case of suspension, there shall be no license refund. C.License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this section of any officer, director, manager, or other agent or employee of any license. Subd. 9. Termination of license. All licenses issued under this section shall be valid only for the premises for which the license was issued and only for the person to whom the license was issued. No license may be transferred to another location or person and any transfer or change of ownership of the licensed premises shall terminate the license. Subd. 10. Moveable place of business. No license shall be issued to a moveable place of business. Subd. 11. Display of license. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd. 12. Renewals. The renewal of a license issued under this section shall be made in accordance with this section as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days before the expiration of the current license. No license shall be renewed in the absence of payment of the annual license fee. Subd. 13. Investigation and License fees. No license shall be issued under this section until the investigation fee and license fee is paid in full. The fees for an investigation and license under this section shall be in an amount set forth by city council resolution. Subd. 14. Unlawful Sales. It shall be unlawful for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: A.To any person under the age of 1821 years; B.By means of any type of vending machine; Commented [EL17]: From PHLC: This needs to be updated to reflect all products licensed under this ordinance. Commented [SH18R17]: Acceptable revision. Made in draft Ordinance amendment 5 C.By means of self-service merchandising, unless granted an exemption under the licensee's license as provided herein; D.Containing opium, morphine, jimpson [jimson] weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. A licensee under this section may be exempt from the self-service merchandising prohibition set forth above if: (1)The licensee's establishment derives 90 percent or more of its total revenues from tobacco, tobacco products and tobacco related device sales; (2)The licensee prohibits any person under the age of 1821 from entering the licensed premises at all times; and (3)The licensee's license authorizes self-service merchandising and is subject to the condition that no person under the age of 18 21 shall be permitted within the licensed premises at any time. It is not unlawful for any person who has attained the age of 18 years to enter a licensed premises for the purpose to perform work as an employee of the establishment, including the sale of tobacco, tobacco products and tobacco related devises, unless otherwise prohibited by statute. Subd. 15. Self-service sales. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area, including a case or other storage unit, which is not freely accessible and not left open or accessible by the general public. This section shall not apply to any licensee that was granted an exemption under its license for self- service merchandising. Subd. 16. Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the licensee. Nothing in this section shall be construed as prohibiting the city from subjecting a licensee's employee to any penalties appropriate under this section, state or federal law, or other applicable law or regulation. Subd. 17. Compliance checks and inspections. All licensed premises shall be open to inspection by the city during licensee's regular business hours. From time to time, but at least once twice per calendar year, the city shall conduct unannounced compliance checks to ensure compliance with the provisions of this section and state law. Such compliance cheeks shall involve minorunderage individuals who are over the age of 15 years, but less than 1821 years (with the written consent of their parent or guardian if under the age of 18), who shall enter the licensed premise and purchase or attempt to purchase tobacco, tobacco products or tobacco related devices. Commented [EL19]: From PHLC: This should be updated to age 21. Commented [SH20R19]: Acceptable. Revision made to draft Ordinance Commented [SH21]: Recommend revision not be made. Under current state law, the age remains at 18 and thus, do not want to create a conflict for compliance checks. If fail to meet terms of Ordinance, fail compliance check. 6 MinorUnderage individuals used for the purpose of compliance cheeks shall be supervised by designated law enforcement officers or other designated city personnel. MinorUnderage individuals used for compliance checks shall not be in violation of any law prohibiting the purchase or attempted purchase, or the unlawful possession of tobacco, tobacco products or tobacco related devices by a minorunderage individual when such items are obtained as a part of the compliance check. No minorunderage individual used in compliance checks shall attempt to use a false identification misrepresenting the minorunderage individual's age, and shall answer all questions about the minorunderage individual's age asked by the licensee or licensee's employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit other or additional compliance checks authorized by state or federal laws for educational, research, or training purposes required for the enforcement of a particular state or federal law. Subd. 18. Unlawful acts sale, purchase or possession. Unless otherwise provided, the following acts shall be unlawful. A.Illegal possession. It is unlawful for any person under the age of 18 to have in his or her possession any tobacco, tobacco product, or tobacco related device. This division shall not apply to persons under the age of 18 21 lawfully involved in a compliance check or fulfilling his or her duties as an employee of the licensee in making a retail sale. B.Illegal purchase by minor. It shall be unlawful for any person under the age of 18 to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device. It shall be unlawful for any person under the age of 18 to purchase, attempt to purchase, or possess a product that contains or delivers nicotine or lobelia and is intended for human consumption. This division shall not apply to minors lawfully involved in a compliance check. CA. Illegal purchase or procurement for minorunderage individual. It shall be unlawful for any person to purchase or otherwise obtain for or provide to any person under the age of 18 21 any tobacco, tobacco product, or tobacco related device. It shall further be unlawful for any person to coerce or attempt to coerce a person under the age of 18 21 to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This division shall not apply to any person engaging with a person under the age of 18 21 lawfully involved inas a part of a compliance check. DB. Use of false identification. It shall be unlawful for any person under the age of 1821 to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. EC. Illegal sale to person under the age of 1821. It shall be unlawful for any person to sell, obtain for or otherwise provide to any person under the age of 1821 tobacco or a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product, that is not tobacco as defined in this chapter. This section shall not apply to a parent or legal guardian of a person under the age of 1821 who obtained or provided to the person under the age of 1821 such product if the product has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction or for other medical purposes, and is being marketed and sold solely for the approved purpose. Commented [EL22]: From PHLC: The word “illegally” should be removed since PUP is removed. Commented [SH23R22]: Acceptable. Commented [SH24]: Acceptable revision. Made in draft ordinance. Commented [EL25]: From PHLC: Sale to person under age 21 is already prohibited above. So this section can be deleted. But this paragraph also has the language about parent/guardian providing cessation products. If the definition of tobacco products/e-cigs/etc. has the clear exclusion for FDA cessation products, then this is unnecessary language to presumably protect the right of parents to provide medication to their children. I have highlighted in yellow in the definitions where the appropriate FDA cessation language occurs, which would obviate this language. I also noticed that their definition of nicotine or lobelia delivery products does NOT include this FDA cessation language. I inserted the language. If not included there, then that could mean that such products ARE regulated under this chapter—including requiring licensing, etc. Commented [SH26R25]: Object to deleting this provision. It is an explicit provision making it unlawful to sell. It also provides the FDA cessation product exemption language. 7 FD. Child resistant packaging required. It is unlawful for a licensee hereunder to sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, that is not contained in "child- resistant packaging" as the term is defined and as is required in Minn. Stat. §461.20. Subd. 19. Administration procedures and penalty. A.Notice. Upon discovery of a violation of this section, a citation that sets forth the alleged violation and which shall inform the alleged violator of his/her right to be heard on the accusations shall be issued and served upon the violator either personally or by mail. B.Hearings. If a person accused of violating this section requests a hearing within ten days of the issuance of the citation, a hearing shall be scheduled, of which the time and place shall be published and provided to the accused violator, but in no event more than 14 days after the violator's request for a hearing. C.Hearing officer. Such hearing shall be held before the hearing officer and shall be open to the public. D.Decision. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions detailing whatever violation has occurred and whether the alleged violator committed it. A copy of the hearing officer's written findings of fact and conclusions shall be provided to the accused violator. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the accused violator. E.Appeals. The violator may appeal the decision made by the hearing officer to the district court. F.Misdemeanor prosecution. A violator of any provision of this section by a person aged 21 or older shall be deemed a misdemeanor. If the violator is criminally charged, no administrative penalty shall be imposed. G.Continued violation. Each day which a violation occurs or continues shall constitute a separate offense. H.Penalties. 1.Licensees. Any licensee found to have violated this section, or whose employee has violated this section, shall be charged an administrative fine of $75.00 for a first violation of this section; $200.00 for a second violation at the same licensed premises within a 24- month period; and $250.00 for a third or subsequent violation at the same licensed premises within a 24-month period. In addition, upon the third violation, the license shall be suspended for seven days. Upon the fourth or subsequent violation at the same licensed premises that has occurred since the date on which the city issued its initial license to the licensee under this section, the city council shall determine the penalty to be imposed. 2.Other individuals. Individuals, other than minorunderage individuals under the age of 21 regulated by subparagraph H(3) herein, found to be in violation of this section shall be charged an administrative fee of $50.00, unless the individual is charged with a criminal offense arising out of the same violation. Commented [EL27]: From PHLC: For the same reasons noted above for removing PUP, misdemeanor prosecution for any violations should be reserved for those 21 years of age or older. Commented [SH28R27]: Not acceptable. The ordinance amendment removed the provision making it unlawful for an underage person to buy, use or possess under City Ordinance. However, an individual under 21 could violate this Section and thus, adding age caveat would exempt those persons. For example, a clerk who is 20-year- old could illegally sell to a 16- year-old. Or a 20-year -old may purchase/procure tobacco for his 19-year-old friend. If proposed language added, then those individuals are exempt from criminal misdemeanor charges. Commented [SH29]: Not acceptable. The term underage individual is explicitly defined and used through out section to mean a person under age 21. Hence,revision unnecessary. 8 3.MinorUnderage individuals.MinorUnderage individuals found to have used a false identification to purchase or attempt to purchase tobacco, tobacco product, or tobacco related devices may only be subject to non-criminal, non-monetary civil penalties such as tobacco-related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate. The City Council will consult with court personnel, educators, parents, children and other interested parties to determine an appropriate penalty for persons under the age of 21 in the city. The penalty may be established by ordinance and amended from time to time.in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as nay any other adult person charged with a violation of the law or any other juvenile or minor charged with a violation of the law, as the case may apply. 4.Suspension upon failure to pay administrative penalty. Any administrative fine imposed hereunder shall be paid by the licensee within 30 days of the date of notice. The licensee's failure to pay the administrative fine within 30 days of the date of notice shall be grounds for suspension of the license and the license shall remain suspended until the administrative fine is paid in full, plus any surcharge or interest imposed for late payment. Subd. 20. Exceptions and defenses. A.Religious, spiritual or cultural ceremony. Nothing in this section shall prevent the providing of tobacco, tobacco products or tobacco related devices to an underage person minor as part of a lawfully recognized religious, spiritual or cultural ceremony, provided if the underage person is under the age of 18, then with the consent of the minor's parent or legal guardian is required. B.Reliance of proof of age. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by state law. Subd. 21 . Electronic delivery devices and nicotine and lobelia delivery products . All of the license, sale, purchase, possession, use and enforcement provisions in this section relating to tobacco, tobacco products or tobacco related devices shall apply fully and to the same extent to electronic delivery devices and nicotine and lobelia delivery products. Subd. 22. Employee Training Program. Prior to the approval or issuance of an initial license or renewal license under this Section, the applicant shall provide proof of an employee training program to be implemented throughout the duration of the annual license. A license holder seeking renewal of a license shall provide verification that an employee training program that complies with standards as set forth herein was implemented during the immediately preceding license year. An employee training program required hereunder shall be presented to each employee within 3 days of hire/start date and to all employees once per year. The program shall provide the information and tools necessary for employees to comply with the federal and state laws, including regulations, and City regulations herein, governing the sale and distribution, including youth access, and the advertising and promotion of cigarettes, smokeless tobacco, and covered tobacco products. The program shall instruct employees that the sale of tobacco, tobacco products and tobacco related devices to an underage individual is illegal; what proof of age is legally acceptable, and that a sale to a an underage individual or other violation of this Section can subject the license holder and their employee to criminal penalties, civil fines or both. Commented [EL30]: From PHLC: This may have been oversight when PUP was removed above. In short, this reinstitutes PUP with full penalties for underage persons. Instead, the only way this ordinance penalizes persons under age 21 once PUP is removed is for use of false ID. The language has been amended to reflect the City’s intent to remove PUP and allow the penalty for underage use of false ID to be nonmonetary and non-criminal. Commented [SH31R30]: Not acceptable. Provides for penalties for non-licensees that the city has no authority to impose or collect. It further has city council acting as a judge and jury of a violation which is not within a council’s duties or authority. Further, although the City Code may not make it a violation of law for an underage person to possession or purchase tobacco products, it is still a violation under MN state law. Under the state criminal code chapter, it is a violation for an underage person to possess or purchase, and under Dept of Health statutes, it is a crime for a minor to use tobacco products on public school property. Subdivision 19.H.3 simply states that an underage individual found to have violated the law will be subject to any applicable penalty under such state law(s) (not City Code). Commented [EL32]: From PHLC: These terms should be removed if the intent is to remove PUP. Commented [SH33R32]: Not acceptable in part. The Code/Ordinance still make it unlawful to purchase the product(s) for an underage person. Will delete possess and use. 9 Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __ ____________________________ By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 10 The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on . ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY AMENDING SECTION 6.34 REGARDING SALE OF TOBACCO AND ELECTRONIC DELIVERY DEVICES & PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. Section 6.34, governing the City’s tobacco sales and licensing regulations, was amended to change age 18 to age 21 for permissible sales and procurement and to require licensees to implement an employee training program. Section 6.34 was also amended to delete the provisions that penalize underage persons for the purchase, use and possession of tobacco and tobacco products. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. Commented [PHLC34]: Agenda Information Memo May 5, 2020, Eagan City Council Meeting NEW BUSINESS A. Comprehensive Guide Amendment – Outlot ‘A’, Waters Annex 2nd Addition Action To Be Considered: To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Special Area – Major Office to Special Area – Mixed Use, upon approximately 24.67 acres for property legally described as Outlot ‘A’, Waters Annex 2nd Addition. Required Votes for Approval:  At least three (3) votes Facts:  The Applicant is requesting a change in the land use designation from Special Area – Major Office to Special Area – Mixed Use for approximately 24.67 acres.  The applicant’s narrative and concept sketch illustrate “between 500 and 600” multi-family, multi- story apartment units and a 60,000 square foot, single-story “office/flex” building.  The property is located south and immediately adjacent to the Viking Lakes Mixed Use development. That development incorporates a mix of uses including the Minnesota Vikings headquarters and practice facility, medical office, office, hotel, retail and multi-family residential.  The property is currently zoned PD, Planned Development. The 2006 approved Preliminary Planned Development allowed for a 205,000 square foot, 3-story office building.  The property is currently vacant and heavily wooded. Two (2) wetlands are located on the site. The site generally slopes to the south and west with elevations ranging from 934 to 864.  The site was part of the overall White House Custom Colour Tree Preservation Plan. Approximately 16.1% of the existing significant vegetation was removed on Lots 1-3. The remaining allowable significant tree removal limit is 31.4%. Significant disturbance of the site is anticipated to extend utility services, and with anticipated development of the site.  Minnesota State Statutes requires an Environmental Assessment Worksheet (EAW) to be completed for any project comprised of 375 attached units. An EAW will be provided with the submittal of rezoning and Preliminary Planned Development applications.  Water and sewer services are available for extension to the site. A planned sanitary sewer project scheduled for summer 2020 will provide the additional sewer capacity needed to properly serve this development.  The property is located within Park Service Area 1, the 2040 Comprehensive Plan identified the Northeast Special Area as a “potential underserved area”. The adjacent Viking Lakes development has identified a 12-acre park site for future parkland dedication as part of that proposed development. Due to wetlands and slopes, the future park site may be limited to passive amenities such as trails or benches.  Three (3) votes are required to refer the proposal to the Metropolitan Council for review. Comprehensive Guide Plan amendments require at least four (4) votes to adopt and implement the land use change following Metropolitan Council review.  The Advisory Planning Commission held a public hearing on the proposal at their April 28, 2020 meeting, and did recommend approval on a 7-0 vote. Agenda Information Memo May 5, 2020, Eagan City Council Meeting Issues:  None 60-Day Agency Action Deadline: N/A Attachments: (4) NBA-1 Location Map NBA-2 Draft April 28, 2020 APC Minutes NBA-3 Planning Report NBA-4 Exhibits NBA-5 Powerpoint Presentation AMES CROSSING RDLUNAR LANECIRCLE C.S.A.H. NO. 26 (LONE OAK RD.)MI K E C O LLIN S D R GRAN D O A K C I R W STATETRUNKHWY.NO.149LOUIS LANEROLL LN.L O N E OAKPARKWAY SALLY STATETRUNK HWY.NO.55 VIKINGS PA R K W AYCHAPEL LANE LONE O A K P A R K W AY RITA CT COURTHOUS E L NBLUEGENTIANRD BORCHERTLN RANDOMRDLO N E O A K D R I V E STAT E T R U N K H W Y . N O . 5 5 JOYCE CTWREN LNC O MM E R S D R HOLIDAY LNAPOLLO ROAD WATERS R D S T A T E T R U N K H W Y . N O . 1 4 9HOLIDAY LNGRAND OAK CIR EVI K I N G S P A R KW A Y LONEOAKPARKWAYO 'N E I L L D R STATE T R U N K H W Y . N O . 5 5 S T A T E T R U N K HW Y . NO . 1 4 9 BLUE GENTIAN RD CHAPEL LANE APOLLO ROAD Bur Oaks ParkThresherFields Park FUTUREPARK Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Waters Annex Property Request: Comprehensive Guide Plan Amendment File No.: 01-CG-01-02-20Subject Site Advisory Planning Commission April 28, 2020 Page 2 of 4 New Business A. MV Eagan - Water Annex property Applicant Name: Steve Poppen, MV Eagan Ventures, LLC Location: Outlot A, Waters Annex 2nd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from SA-MO, Special Area - Major Office to SA-MU, Special Area - Mixed Use. File Number: 01-CG-01-02-20 City Planner Mike Schultz introduced this item and highlighted the information presented in the City Staff report dated April 23, 2020. Chair Vanderpoel, noted the meeting was being conducted on-line, invited and provided direction to the public on how to call in to the meeting for public comments. Chair Vanderpoel asked if there was any discussion among the Commission. There being none, she invited the Applicant to address the Commission. The Applicant, Steve Poppen addressed the Commission. He highlighted the difficult challenge the limited access presents the site for the current Major Office use. He stated that because they can provide access from the north, changing the land use from Major Office to Mixed Use makes it compatible with the adjacent Viking Lakes development. He added that the site is not attractive for Major Office with the limited access. Mr. Goff asked that given the limited access what kind of businesses are anticipated to lease in the flex space. Mr. Poppen responded they expect it will be similar to the other one-story buildings in the area, uses could include service companies, it could be “back-of-house” type uses, likely no front office or retail uses. It will likely be office space with some warehouse space attached. Member Goff inquired further why not take advantage of ground level mixed use and residential above. Don Becker, MV Ventures, responded that Viking Lakes Innovation center is a commercial mixed use building that could be representative of what happens at this site, which is a commercial mixed use building. One tenant in that building is U.S. Tennis Association, Northern Tennis Division, and if they find tenants and users that want to be part of the Viking Lakes campus this site could create an opportunity. In Viking Lakes there is also Twin Cities Orthopedics; but wouldn’t anticipate a user like that in this location. Advisory Planning Commission April 28, 2020 Page 3 of 4 Mr. Becker continued that in other areas of the country they will develop residential uses underground parking; and may have retail on the first floor where retail can be supported. This site does not have the characteristics that support that type of development, largely because of the challenges involving the limited access. He pointed out the combination of retail and clubhouse in the adjacent Viking Lakes development to support the residential buildings including this development so there wouldn’t need to be another clubhouse within this new development. Having retail along Vikings Parkway is more logical than attempting to integrate retail into the proposed buildings. Member Goff asked if there would be any difference in management between the Viking Lakes and this new development. Mr. Becker responded no, the plan is to integrate the two developments, if possible, for maintenance, property leasing, management, etc. Chair Vanderpoel asked if there were any other questions from the Commission. There being none Chair Vanderpoel opened the public hearing. Chair Vanderpoel asked if there were any callers on the line regarding this item. There being no calls for public comments Chair Vanderpoel closed the public hearing. Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Member Weimert stated the proposal makes sense in the context of the Viking Lakes development and consistent with the City’s vision for the area. Member Weimert moved, Member Whisnant seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment from SA-MO, Special Area – Major Office to SA-MU, Special Area – Mixed Use, upon approximately 24.67 acres to allow up to a maximum of 600 multi-family dwelling units and 60,000 square feet of office/flex space building, legally described as Outlot ‘A’, Waters Annex 2nd Addition. Member Goff encouraged the City Council and other Commissioners to consider the elements of the proposed development to be a unique and walkable development. He stated he would support the proposal when it comes to vote. Member Sagstetter shared some of the concerns of Commissioner Goff regarding access to the site. However, it makes sense to have high density residential as a transition from the office/warehouse to the south to the less dense residential development of Viking Lakes to the north makes sense, converting the area to Mixed Use seems to fit the area. Chair Vanderpoel stated this proposal appears to meet the goals for this Special Area. She does support Commissioner Goff’s comments. Adding that it is a good fit in the long-range interests Advisory Planning Commission April 28, 2020 Page 4 of 4 of the City. She will be curious how the issues identified in the report will be addressed in the next steps. There being no further comments City Planner Schultz conducted a roll call. All voted in favor, Motion carried 7-0 (Note: Commissioner Francis’ vote, sitting as an alternate, was not included) V. OTHER BUSINESS City Planner Schultz indicated Mr. Weimert will be leaving the Commission, and the Commission will need to elect a new Secretary. Chair Vanderpoel thanked Mr. Weimert for his contribution to the Commission and his time and service to the City. VI. ADJOURNMENT Member Weimert moved, Member Heckman seconded a motion to adjourn the Advisory Planning Commission meeting at 7:30 p.m. All voted in favor. Motion carried 8-0. Chair Vanderpoel thanked City and E-TV staff for all the work they did in setting up and running the virtual meeting. Respectfully Submitted by: ______________________ Ben Weimert APC Secretary PLANNING REPORT CITY OF EAGAN REPORT DATE: April 23, 2020 CASE: 01-CG-01-02-20 APPLICANT: MV Eagan Ventures, LLC HEARING DATE: April 28, 2020 PROPERTY OWNER: Venture Investments, LLC APPLICATION DATE: February 19, 2020 REQUEST: Comprehensive Plan Amendment PREPARED BY: Michael Schultz, AICP LOCATION: Vikings Parkway/Lone Oak Parkway COMPREHENSIVE PLAN: SA-MO, Special Area-Major Office ZONING: PD, Planned Development SUMMARY OF REQUEST MV Eagan Ventures, LLC is requesting approval of a Comprehensive Guide Plan Amendment from Special Area – Major Office to Special Area – Mixed Use, upon approximately 24.67 acres to allow up to a maximum of 600 multi-family dwelling units and 60,000 square feet of office/flex space building. The property is legally described as Outlot ‘A’, Waters Annex 2nd Addition, and is located at the northeast corner of Lone Oak Parkway and Performance Drive. AUTHORITY FOR REVIEW The city’s Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city’s Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city’s Comprehensive Guide Plan is requested, it is the city’s responsibility t o determine if the change is in the best long-range interests of the city. The standard of review of a city’s action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report – Waters Annex CGA April 28, 2020 Page 2 BACKGROUND/HISTORY The subject property was originally associated with the Laukka-Beck Planned Development approved in 1985, comprising of approximately 452 acres. The Planned Development allocated 1,136,600 square feet of office/showroom use. The property was later split off into separate ownerships and eventually separate Planned Developments that included Northwest Airlines Headquarters, Cray Research, the Postal facility, and portions sold to the Waters development. The property is currently zoned PD, Planned Development. The property is guided by a Preliminary Planned Development approved in 2006 for CSM Equities, LLC., which extended west to Lone Oak Parkway. The subject property was approved for an approximately 205,000-square foot, three (3) story building; the use was restricted to office use only. The Planned Development allowed a maximum of 40% warehouse space on Lots 1, 2 and 3, and 100% office use on Lot 4 (subject property now legally described as Outlot ‘A’). Following the 2006 subdivision and Planned Development, White House Custom Colour built an office and production facility on Lot 1. The subsequent 2007 Waters Annex 2nd Addition subdivision and PD Amendment enlarged Lot 1 to accommodate expansion of the White House Custom Colour building. In 2008, Final Planned Development Agreements were executed for Lots 2 and 3, showing single- story office and warehouse uses on both lots, totaling 86,900 square feet, limiting the amount of warehouse to not more than 40% of each building. The 2008 Subdivision resulted in tree removal and the grading of Lots 2 and 3 in preparation for future development. The plat established wetland buffers and conservation easements. In 2017, a Planned Development Amendment was approved to change the use on Lots 2 and 3 from single-story office and warehouse to allowing a multi-story office building on Lot 2 and production/warehouse on Lot 3. The amendment also allowed for up to 41% of the building(s) to be used for production space (followed by 35% office and 22% warehousing). Later that same year White House constructed an approximately 87,000 square foot, two (2) story, office and warehouse building on Lot 3. A Final Planned Development has not been executed for the subject property, Outlot ‘A’, Waters Annex 2nd Addition. Currently, both Outlot ‘A’ and Lot 2 remain undeveloped; Lot 2 is owned by White House Custom Colour. EXISTING CONDITIONS This site is an undeveloped 24.67-acre parcel located north of Lone Oak Drive and east of Lone Oak Parkway. Watermain of sufficient size, depth, and capacity is available for extension and development of this property. Sanitary sewer is currently under capacity, and with a planned sewer expansion scheduled for summer 2020, capacity will be adequate to serve this site. A public trail is located along the south side of Lone Oak Drive. Additional trails are planned in the Planning Report – Waters Annex CGA April 28, 2020 Page 3 residential development to the north. The majo rity of the site is heavily treed. The majority of the site would be disturbed to extend utilities and construct the proposed buildings and parking lots. The site generally slopes to the south and west with elevations ranging from 934 to 864. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property (Outlot ‘A’): Existing Use Zoning Land Use Designation North Vacant (initial phase of multi- family apartments to commence this summer) Planned Development (PD) Mixed Use (MU) South Office/Light Industrial (Eco Lab) Planned Development (PD) Major Office (MO) East Office/Light Industrial (Eco Lab) Planned Development (PD) Major Office (MO) West Office/Warehouse (White House Custom Colour) Planned Development (PD) Major Office (MO) EVALUATION OF REQUEST Description of Proposal - The applicant is proposing an amendment to change the land use designation of an approximately 24-acre site within the Northeast Special Area Plan. The proposed change is from SA-MO, Special Area-Major Office, to MU, Mixed Use, with the intent to develop the property with a mix of multi-family residential buildings and one (1) office/flex (office/warehouse or office/showroom) building. Concept Site Plan - The Concept Sketch Plan consists of approximately eight (8) gross acres of Business Park (office/flex) and 16 gross acres of High Density Residential. The plan illustrates four (4) multi-story, multi-family buildings; the narrative states “a range between approximately 500 and 600 residential units” units on the north half of the site. The proposed multi-family buildings would be adjacent to the future apartment buildings approved within the Viking Lakes development. Underground parking is not illustrated on the plan, however, the applicant’s narrative states, due to the topography of the site, that multi-family is more compatible and that “underground parking minimizes the development’s footprint”. Additional at-grade parking is also illustrated. Private open space is illustrated around the buildings, “park” space is called out east of the multi- family buildings and adjacent to the easterly wetland. A 60,000-square foot, single-story, office/flex space building is shown on the south half of the site (for comparison the adjacent White House Custom Colour is an 87,000 -square foot, two- story, office/warehouse use). Planning Report – Waters Annex CGA April 28, 2020 Page 4 Compatibility with Surrounding Area The Viking Lakes area immediately north of the subject property has been re-guided to Mixed Use, it includes a mix of corporate office, sports facilities and stadium, office and medical office, retail, hotel, and multi-family residential uses. The Final Planned Development involving the initial phase of the retail and residential portions of Viking Lakes was approved in October 2019; construction is set to commence this summer. The approved Viking Lakes AUAR (Alternative Urban Areawide Review) limits the number of residential dwellings to a maximum of 945 units. The Vikings practice and training facilities have largely been completed. The Twin Cities Orthopedics and STEM building are constructed and offer office and medical office space. The Omni Hotel in the northeast portion of the development is currently under construction and is scheduled for completion in late 2020/early 2021. The remaining surrounding uses to the east, west and south of the site are developed and includes office, office/showroom, research and development, and warehouse uses. The White House Custom Colour campus is located immediately west of the property, two (2) of the three (3) entitled buildings have been constructed , one (1) lot remains vacant. The EcoLab campus is located south and east of the subject property. A private service road, Performance Circle, abuts the subject property and provides access for employees and delivery vehicles. The applicant’s Concept Sketch does not illustrate access from Performance Circle. The EcoLab property does contain areas that could be considered for future development, however, there are no approvals at this time for future expansion. The applicant explains in their narrative that the request is “not asking to eliminate development of CSM’s original planned office, office/showroom or office/flex building as a permitted development on the Subject Property. Instead, we are asking the City to expand the Comprehensive Plan Guidance and Zoning of the Subject Property to permit High Density Residential uses in addition to these various office uses”. The applicant’s narrative describes the concept as “4 residential buildings, which could provide, in the aggregate, a range between approximately 500 and 600 residential units, and 1 approximately 60,000 square foot office/flex building similar to the neighboring White House Custom Colour buildings and other buildings in The Waters development”. The applicant’s narrative goes on to state “All developments are market dependent”. The White House Custom Colour Planned Development limited the amount of warehouse space to a maximum of 40% on Lots 1 – 3. As stated above, a subsequent amendment for Lots 2 and 3 allowed for 41% of production space, 37% office and 22% warehousing for both lots. The subject lot was required to be 100% office use. It would be a policy matter for Council to consider similar maximum allowances for the “office/flex” building during the review of the Preliminary Planned Development. Planning Report – Waters Annex CGA April 28, 2020 Page 5 The narrative notes the project would be completed in multiple phases “in conjunction with our development of Viking Lakes and depending on market conditions, commencing as soon as the market will support development of the Subject Property”. The narrative also states “by expanding the types of uses that we may develop on the Subject Property, our proposed development is more compatible with the physical condition of the Subject Property and surrounding land uses than is the development contemplated in the current comprehensive plan guidance and zoning, for the following reasons” (below are portions of the applicant’s reasons for support, full verbiage can be found on page 4 of the narrative): • The Viking Lakes development was not contemplated in 2006; the development has changed the character of the area and made residential uses “equally compatible” with office, showroom, and other business park uses. • Existing wetland and topographic features “make it difficult to develop for surface parked office uses. High density residential uses are more compatible”. “Underground parking minimizes the development’s footprint”. • The property has little frontage along Lone Oak Drive, in addition, an existing wetland also creates limitation, making access to the property for office uses difficult. The site is limited to a shared access drive from the White House Custom Colour property (Lot 3) along Lone Oak Drive (an existing access easement straddles both Lot 3 and the subject property). Limited frontage impacts visibility for an office user, “Our control of the Viking Lakes property to the north allows us to provide superior vehicular access to the Subject Property from Vikings Parkway and our proposed residential use does not require the visibility that a corporate office user may require”. • The southeast corner of Viking Lakes will be dedicated to the City for park purposes. “This park is well-located and provides a park amenity not only to Viking Lakes but also to tenant of the Subject Property”. • The applicant points out the City’s 2040 Comprehensive Plan “notes that there are currently 157 vacant acres of major office land in Eagan and 47 acres of major office land is deemed underutilized. There are far fewer available acres of high -density residential land. It is one of the City’s stated 2040 policies to designate sufficient land for higher density housing to [e]nsure that the City may attain its goal of providing a wide variety of housing options to its residents”. ENVIRONMENTAL IMPACTS Existing Conditions/Topography – This site is an undeveloped 24.67-acre parcel located north of Lone Oak Drive, and east of Lone Oak Parkway. The majority of the site is heavily treed. A majority of the site would be disturbed to extend utilities and construct th e proposed buildings and parking lots. The site generally slopes to the south and west with elevations ranging from 934 to 864. Planning Report – Waters Annex CGA April 28, 2020 Page 6 Wetlands - There are at least two wetlands on the site. In accordance with City Code §11.67, a Certified Wetland Delineator will need to prepare a delineation and assessment (via MNRAM) report for the wetlands. Any future development will need to be in accordance with the State Wetlands Conservation Act. A conservation easement has been recorded for the westerly wetland, additional conservation easements may be considered with the wetland delineation considered during the Preliminary Planned Development and/or subdivision of property. Trees/Vegetation – The site contains some heavily wooded areas. A Significant Tree Inventory and Tree Preservation Plan will be required with a future development application. As a commercial and multi-unit development, the allowable removal is 47.5% of existing significant vegetation. However, this site was part of larger tree preservation plan for the entire Waters 2nd Addition lots (Lots 1—3 and included Outlot ‘A’) resulting in the removal of 16.1% of the existing significant vegetation. Thus, the remaining allowable removal limit is 31.4%. Proposed removal beyond that amount (31.4%) is subject to mitigation in accordance with the City’s Tree Preservation Ordinance and the terms of the Preliminary Planned Development. The tree inventory completed as part of the 2006 Planned Development proposal of 43 acres identified five-hundred fifty-three (553) significant trees at that time. The majority of tree species is comprised of Oak, Black Cherry and Cottonwood. The 2006 development resulted in the removal of eighty-nine (89) significant trees (16.1%). Most, if not all, of the removed trees were located on Lots 1 – 3, tree removal does not appear to have occurred on the subject property. Environmental Assessment Worksheet – Minnesota State Statutes requires an Environmental Assessment Worksheet (EAW) must be completed for any project comprised of 375 attached units. The applicant will be responsible to prepare an EAW for review and acceptance. The EAW process requires a minimum 30-day review, public notification, and distribution to governments and agencies outlined by the Minnesota Environmental Quality Board. The adjacent Vikings Lakes project completed an Alternative Urban Areawide Review (AUAR); the Waters Annex property is not located within the boundary of that study area. Airport Compatibility/Noise Abatement – All new development in this area will be exposed to airport noise impacts and the use of sound attenuating construction techniques will be necessary. The property is approximately three miles southeast of the Minneapolis/St. Paul International Airport and is near the flight path line of Runways 12/30. The property appears to be in close proximity to Noise Zone 4 (DNL 60-64 Noise Contour). Within this zone, the office/flex use is considered “Compatible,” and apartments are recognized as “Provisional” (having to meet certain performance standards for noise attenuation). For residential and educational/hospital land uses, interior sound levels may not exceed 45 dBA. An interior sound level of 50 dBA is required for cultural, recreational, entertainment, office, other medical, commercial, and retail service uses. Planning Report – Waters Annex CGA April 28, 2020 Page 7 INFRASTRUCTURE IMPACTS Storm Water Drainage – The entire site lies within Drainage District F (as designated in the City Storm Water Management Plan – 2007). Storm water currently flows overland to Ponds FP-5 to the north, FP-7.1 on the NW corner of the site, and FP-7.6 at the south side of the site. The proposed improvements would include a private storm sewer system and an infiltration system to use for volume control. Water Quality – Any development of the site will need to comply with the City’s Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control. These regulations include design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control – performance standards. They also provide for minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. Utilities – Watermain of sufficient size, depth, and capacity is available for extension and development of this property. Sanitary sewer is currently under capacity, and with a planned sewer expansion scheduled for summer 2020, capacity will be adequate to serve this site. New private water and sewer mains and services will need to be extended to serve the proposed new buildings. No utility plans were provided with the site plan, so they’ll need to be reviewed at the time of Final Subdivision or Building Permit. This development will also need to meet hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Streets/ Access / Pedestrian Circulation – The site is fronted by one public street (Lone Oak Drive) to the south, and the private drive for the Ecolab property to the east . The applicant is not proposing access to the private drive at this time; if that changes in the future the applicant must demonstrate they have secured a private easement prior to Final Plat. Because of significant slopes and a wetland along Lone Oak Drive, access is proposed from the private streets proposed in the residential area to the nor th. The AUAR from the Viking Lakes development will need to be updated, or a separate AUAR performed, to determine if traffic capacity is adequate, and if any additional improvements are necessary in the surrounding area, to accommodate development of this site. A public trail is currently located along the south boulevard of Lone Oak Drive, and additional trails will be constructed with development of the Viking Lakes residential parcel to the north. Easements/Permits/Right-of-Way – Public drainage & utility easements and right-of-way were acquired with the initial platting of the property. Some easements might need to be vacated and replatted depending on how the property develops, and additional easements may be necessary to meet city easement standards (over public infrastructure, around the perimeter of parcels, over public ponding and wetlands, etc.) Planning Report – Waters Annex CGA April 28, 2020 Page 8 Financial Obligation - At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final plat or connection to the City’s utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: Improvement Use Rate Quantity Amount Sanitary Sewer - Trunk Multi- Family Previously Paid Water Main - Trunk Multi- Family $3,648.30/ac 24.67 acre (ROW and D/U easements for ponding will be subtracted from the parcel area when final plat is complete) $90,003.56 Storm Sewer - Trunk Multi- Family Previously Paid Total $90,003.56 COMPREHENSIVE LAND USE IMPACTS Land Use Designations – The 24.67-acre subject site is currently guided SA-MO, Special Area- Major Office and has existing approval for a 205,000 square foot 3-story office building on the western portion of the site. It is located within the Northeast Special Area; however, since the site has existing approvals through a Preliminary Planned Development agreement, the Special Area provides no further goals or policies for this location with expectation that the site would develop under the guidance and conditions of the Planned Development. The applicant is proposing to re-guide the subject site to Special Area-Mixed Use. The proposed Mixed Use area consists of approximately eight (8) gross acres of Business Park (office/showroom) and 16 gross acres of High Density Residential. All Mixed Use guided land has specific accountability within the Eagan 2040 Comprehensive Plan with regards to allocation of acres by land use type and residential density. Therefore, specific planned allocations of land use acres and density will need to carry through to full development of the Mixed Use area or another land use guide plan amendment request may be necessary. The proposed Mixed Use designation is intended for “areas of mixed residential or mixed residential/commercial uses as defined in area-specific Special Area Plans.” Mixed use development is intended to be “relatively self-contained and respectful of, or compatible with, existing adjacent uses” where “pedestrian scale and convenient access to transit is desired.” All Planning Report – Waters Annex CGA April 28, 2020 Page 9 zoning districts except Estate (large lot single-family residential), are considered potentially compatible with the Mixed Use designation. Density – The applicant is proposing approximately 500 to 600 multi-family housing units within 16 gross acres based on a conceptual plan provided by the applicant, or approximately 31 to 38 units/acre gross. A wetland on the site may change the proposed net density to approximately 35 to 43 units/acre. The proposed residential density is higher than the adjacent Viking Lakes development which was originally calculated at 20.1 units per acre based on full development allowed in the Viking Lakes Planned Development and AUAR (maximum 945 units will now be largely concentrated south of Vikings Parkway on approximately 42 acres). Compatibility – The subject property is located within the Northeast Special Area, where planned mixed-use development is allowed. The property has remained vacant since the mid-1980’s with the Laukka Beck plan and through the more recent Preliminary Planned Development approved in 2006. Surrounding properties within the Waters development began developing in the mid-1990’s through the early 2000’s. Recent development in the area includes the White House Custom Colour campus, the Twin Cities Orthopedic campus and the Viking Lakes development. The Viking Lakes project is approximately 40% complete, with future multi-family residential, retail, and additional office space yet to be constructed within the project. The property is within close proximity to Highways 55 and 149, as well as to Interstate 494, providing good highway access to residents, employees, and commercial traffic. Minnesota Valley Transit Authority (MVTA) operates bus route 436 that runs along Vikings Parkway and Lone Oak Parkway with several designated stops provided within the Viking Lakes/Waters area. The City Council has previously expressed some concerns about converting land designated for commercial or industrial uses to residential uses. According to the applicant, the proposed Mixed Use designation would retain an office component (proposed 60,000 square feet office/flex) to the property, although it is anticipated to have less floor area than the approximately 205,000 total square feet originally proposed for the site. Access Needs – The overarching purpose of Mixed Use development is to provide an attractive and cohesive design that caters to pedestrian activity and movement. Sidewalks and trails for pedestrians and bicyclists should be provided to connect commercial components to surrounding neighborhoods. Convenient access to transit is desired. Developments with many units should have direct access to arterial and collector roadways. In addition, proximity to transit service is desirable. As previously mentioned, the site would gain access primarily from the north, through the future Viking Lakes residential development. A second access to Lone Oak Drive is illustrated on the concept sketch, utilizing the shared private access drive with White House Custom Colour. Planning Report – Waters Annex CGA April 28, 2020 Page 10 Physical Suitability – The site has significant topographic change, particularly in the southerly and easterly portions of the property. However, the northerly portion of the site is relatively flat and generally accessible from the north. The site also contains two wetlands, one each located in the southern and eastern portions of the site. It was previously noted that the site was part of a Tree Preservation Plan of the White House Custom Colour Planned Development. Additionally, City Engineering anticipates a significant portion of the site may be disturbed in order to adequately install utilities and other infrastructure. Although the property is constrained in terms of both topography (south and east portions of the site) and with heavy vegetation, the site appears to be generally suitable for the proposed development. Apartments are generally better suited for such constrained properties as design can accommodate significant grades with underground parking and stepped building approaches. The 60,000-square foot office/flex building would likely have more site impacts than the apartments when considering a one-level building and the required surface parking to accommodate the use. Land Supply – Eagan currently has 864 acres guided MO-Major Office. The 2040 Comprehensive Plan forecasts 198 acres of the Major Office land to develop or redevelop by 2040. This proposal would reduce the forecasted Major Office development to 174 acres. The proposal would increase the Mixed Use land by 24 acres specifically adding 8 acres of Mixed Use-Commercial Industrial and 16 acres of High Density Residential to the Northeast Special Area land use allocations. Table 3.2b from 2040 Comprehensive Plan – Forecast Development Acres (includes approved plats) Land Use 2020 2030 2040 Total RC-Retail Commercial 5 5 5 16 O/S-Office/Service 6 10 16 MO-Major Office 78 80 40 198 BP-Business Park 3 10 16 29 IND-Limited Industrial 16 26 90 132 LD-Low Density (up to 4 units/acre) 58 119 61 238 MD-Med Density (4-12 units/acre) 0 HD-High Density (12+ units/acre) 4 10 14 Mixed Use Med Density (4-12 units/acre) 3 3 7 13 High Density (12+ units/acre) 20 49 39 108 Commercial/Industrial 21 28 26 75 Total 208 326 304 839 Planning Report – Waters Annex CGA April 28, 2020 Page 11 Comprehensive Guide Plan Goals and Policies The Comprehensive Plan establishes several land use goals and policies intended to guide mixed use, housing, and commercial development. Mixed Use development, particularly those involving high density housing, call for additional guidance; the Comprehensive Plan establishes several goals and policies intended to guide this type of development. The following are considered relevant to this application: ➢ Encourage commercial uses in mixed-use areas with high density housing that provides goods and services at a community or neighborhood scale. ➢ Encourage new mixed-use developments to feature a central place or element that helps give the area a sense of identity. ➢ Encourage higher density housing in mixed-use areas to help meet housing needs. ➢ To offer a well-balanced community with a diverse mix of housing types and values in the community to accommodate the housing needs of persons of all incomes in all stages of life and physical ability. ➢ The City will encourage quality residential development through its requirements for landscaping; development of compatible architecture; preservation or provision of lakes/wetlands, parks, vegetation and other natural amenities. ➢ The City will encourage the preservation and maintenance of significant woodlands, vegetation, wetlands and other natural features within all developments in order to maintain a high-quality living environment. ➢ The City will promote a diverse mix of housing types and values throughout the community to accommodate the housing needs of persons of all incomes in all stages of life and physical ability. ➢ The City will support higher density residential development in areas adequately served by municipal services, in close proximity to parks, schools, shopping and transit and where existing environmental conditions can be protected. The Comprehensive Plan also specifies the need for “Placemaking”, which is “both a process and tool by which communities design and manage elements of the public realm (streets, parks, neighborhoods, retails centers, etc.) to create places that are appealing, accessible, welcoming, vibrant and that support social interaction.” Of several placemaking strategies identified in the Comprehensive Plan, the following are considered relevant to this proposal: ➢ Promoting mixed-use developments in specific locations; ➢ Capitalizing on regional nodes of activity. PARKS AND RECREATION SYSTEM The subject parcel is located within Park Service Area 1. Due to the predominance of commercial development in the immediate proximity to the site, this portion of the Service Area does not contain a developed park feature. The adjacent Viking Lakes development has an approximately 12-acre park site identified for future parkland dedication as part of that proposed Planning Report – Waters Annex CGA April 28, 2020 Page 12 development. Due to wetlands and slopes, less than three (3) acres of the park dedication area is developable for park uses. Open space is insufficient for play amenities or structures; passive amenities such as trails or benches are anticipated. A sidewalk is near the subject parcel along Vikings Parkway, which is part of the City-wide trail system; the future Viking Lakes residential development lies immediately adjacent to the subject parcel along Vikings Parkway. City Code requires multi-family development to provide on-site recreational space. The concept sketch illustrates private open space and amenities around the multi-family buildings, similar to the Viking Lakes development. Park and trail dedications will be due with the development of the property. The applicant has illustrated “Park” space in the northeast corner of the site. However, City Code states that dedicated park land must be “buildable land”, steep topography exist in the easterly portions of the site. Review of acceptable parkland dedication will occur during the review of the Preliminary Planned Development and Preliminary Plat. The 2040 Comprehensive Plan identified the Northeast Special Area as a “potential underserved area.” The 200-acre Vikings Lake development will include office, medical office, retail, hospitality and approximately 950 multi-family residential units at full build-out. The proposed Waters Annex Comprehensive Plan Amendment would add between 500 to 600 units in an area that is not served by traditional park facilities. SUMMARY OF FINDINGS General Considerations ➢ The applicant is proposing an amendment to change the land use designation of an approximately 24-acre site. The property is located within the Northeast Special Area Plan from SA-MO, Special Area-Major Office, to MU, Mixed Use with the intent to develop the property with a mix of multi-family residential and office/flex (office/warehouse or office/showroom). ➢ The property is currently platted as an outlot and would need to be replatted with future Planning applications. ➢ The property is currently zoned PD, Planned Development, and is surrounded by a mix of land uses, including the Viking Lakes mixed use development that will include multi-family residential, retail, office and hotel uses. Other surrounding uses include office, office/showroom, and office/warehouse. ➢ The Planned Development limited the amount of warehouse space to a maximum of 40% on Lots 1 – 3. A subsequent amendment allowed for 41% of production space, followed by 37% office and 22% warehousing for both lots 2 and 3. The subject lot was required to be 100% office use. It would be a policy matter for Council to consider similar Planning Report – Waters Annex CGA April 28, 2020 Page 13 maximum allowances for the “office/flex” building during the review of the Preliminary Planned Development. ➢ Zoning and associated bulk standards will be addressed with a future Planned Development application. Environmental Impacts ➢ Due to the proposed number of dwelling units on the site, an Environmental Assessment Worksheet (EAW) will be required when rezoning, Preliminary Planned Development, and Preliminary Plat applications are submitted for review. ➢ The parcel is heavily wooded and contains two (2) wetlands. The majority of the site would be disturbed to extend utilities and construct the proposed buildings and parking lots. The site generally slopes to the south and west with elevations ranging from 934 to 864. ➢ A wetland delineation report will need to be prepared, and development will be subject to compliance with the State Wetland Conservation Act, and the City’s Wetland Protection Ordinance (Sec. 11.67). ➢ Development of the site is subject to the City’s Tree Preservation Ordinance (Sec. 11.70, Subd. 12.1); the allowable removal is 47.5% of existing significant vegetation . However, this site was included as part of the overall tree preservation plan for the Waters Annex 2nd Addition (3 adjacent lots and the subject property), resulting in the removal of 16.1% of the existing significant vegetation (on Lots 1-3). The remaining allowable removal limit is 31.4%. ➢ The site is in the Airport Noise Policy Zone 4 one-mile Buffer, within which office uses are considered Compatible, and multi-family residential uses are considered Provisional. New development in this area will be exposed to airport noise impacts and the use of sound attenuating construction techniques for the residential uses will be necessary. Infrastructure Impacts ➢ Sanitary sewer is currently under capacity, and with a planned sewer expansion scheduled for summer 2020, capacity will be adequate to serve this site. ➢ New private water and sewer mains and services will need to be extended to serve the proposed new buildings. ➢ Development will need to comply with Post Construction Requirements (City Code Sec. 4.33) for stormwater management and surface water quality. Planning Report – Waters Annex CGA April 28, 2020 Page 14 ➢ A traffic study may be due at the time Rezoning and Preliminary Planned Development applications are submitted. Comprehensive Land Use Impacts ➢ The proposal would reduce the forecasted future land for Major Office from 198 acres to 174 acres. The proposal would increase the Mixed Use land by 24 acres specifically adding 8 acres of Mixed Use-Commercial Industrial and 16 acres of High Density Residential to the Northeast Special Area land use allocations. ➢ The proposed concept plan and narrative indicate the owners’ intent that the residential portion would be an extension of the Viking Lakes residential located immediately north of the subject property. ➢ The proposal appears generally compatible to the surrounding developed properties, particularly with the proposed apartments being adjacent to future apartments. The office/flex building would also be adjacent to existing business park type uses. Parks and Recreation System ➢ The subject parcel is located within Park Service Area 1. The 2040 Comprehensive Plan identified the Northeast Special Area as a “potential underserved area”. The 200-acre Viking Lakes development will include office, medical office, retail, hospitality and 900+ multi-family residential units at full build-out. ➢ The Service Area does not currently contain a developed park feature. The adjacent Viking Lakes development has an approximately 12-acre park site identified for future parkland dedication as part of that proposed development. Due to wetlands and slopes, less than three (3) acres of the park dedication area is developable for park uses. Open space is insufficient for play amenities or structures; p assive amenities such as trails or benches are anticipated. ➢ A sidewalk, which is part of the City-wide trail system, is located near the subject parcel located along Vikings Parkway and the west side of Lone Oak Drive. ➢ Park and trail dedications or cash payment will be due. The applicant has illustrated “Park” space in the northeast corner of the site. However, City Code states that dedicated park land must be “buildable land”, steep topography exist in the easterly portions of the site. Review of acceptable parkland dedication will occur during the review of t he Preliminary Planned Development and Preliminary Plat. Planning Report – Waters Annex CGA April 28, 2020 Page 15 ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment from SA-MO, Special Area – Major Office to SA-MU, Special Area – Mixed Use, upon approximately 24.67 acres to allow up to a maximum of 600 multi-family dwelling units and 60,000 square feet of office/flex space building, legally described as Outlot ‘A’, Waters Annex 2nd Addition. AMES CROSSING RDLUNAR LANECIRCLE C.S.A.H. NO. 26 (LONE OAK RD.)MI K E C O LLIN S D R GRAN D O A K C I R W STATETRUNKHWY.NO.149LOUIS LANEROLL LN.L O N E OAKPARKWAY SALLY STATETRUNK HWY.NO.55 VIKINGS PA R K W AYCHAPEL LANE LONE O A K P A R K W AY RITA CT COURTHOUS E L NBLUEGENTIANRD BORCHERTLN RANDOMRDLO N E O A K D R I V E STAT E T R U N K H W Y . N O . 5 5 JOYCE CTWREN LNC O MM E R S D R HOLIDAY LNAPOLLO ROAD WATERS R D S T A T E T R U N K H W Y . N O . 1 4 9HOLIDAY LNGRAND OAK CIR EVI K I N G S P A R KW A Y LONEOAKPARKWAYO 'N E I L L D R STATE T R U N K H W Y . N O . 5 5 S T A T E T R U N K HW Y . NO . 1 4 9 BLUE GENTIAN RD CHAPEL LANE APOLLO ROAD Bur Oaks ParkThresherFields Park FUTUREPARK Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Waters Annex Property Request: Comprehensive Guide Plan Amendment File No.: 01-CG-01-02-20Subject Site 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-Spring 2019 Project Name: Waters Annex Property Request: Comprehensive Guide Plan Amendment File No.: 01-CG-01-02-20 RECEIVED 04-21-20 12376999v4 WATERS ANNEX SITE Narrative Supporting Comprehensive Guide Plan Amendment Further Revised April 21, 2020 Applicant: MV Ventures Properties, LLC (f/k/a “MV Eagan Ventures, LLC”) RECEIVED 04-21-20 12376999v4 2 I. INTRODUCTION The real property that is the subject of this Application is legally described as “Outlot A, Waters Annex Second Addition” and is located off Lone Oak Drive and Performance Circle (“Subject Property”). The Subject Property is adjacent to the southern boundary of the Viking Lakes site (see the Survey attached at TAB 1 for a depiction of the Subject Property and its topography). The Subject Property is vacant land bounded by Viking Lakes to the North, Ecolab to the East and White House Custom Colour to the West. The Subject Property is the area within the blue boundary line on the exhibit attached at TAB 2 and the red line on the same exhibit shows the southern boundary line of the Viking Lakes property. II. SUBMITTALS In addition to this Narrative, Applicant has submitted the following to the City in hard copy and, where applicable, electronic forms: • Application Fee ($500) • Escrow Deposit Fee ($9000) • Notification Sign Fee ($50) • Notification Sign Security Deposit ($300) • Executed Deposit Agreement • Survey of the Subject Property • Certified Radius List with Labels • Conceptual Sketch Plan for Applicant’s Proposed Development on the Subject Property III. COMPREHENSIVE GUIDE PLAN DESIGNATION (CURRENT AND PROPOSED) A. Current. The Subject Property is currently guided “SA – MO” (Special Area/Major Office) in the City’s 2030 Comprehensive Plan and proposed 2040 Comprehensive Plan. This zone permits corporate office and showroom uses. The Subject Property was previously subject to a Preliminary Planned Development Agreement (Waters Annex) dated May 16, 2006, as amended by First Amendment to the Preliminary Planned Development Agreement Waters Annex dated November 20, 2007, between the City and CSM Equities, L.L.C. (as amended, the “PD Agreement”). The PD Agreement contemplated that the developer would build a 3 story, approximately 209,860 square foot, office building on the Subject Property with 68,480 square foot floor plates, served by copious surface parking. The term of the PD Agreement expired on May 15, 2011. The Subject Property is current zoned “PD – MO” (Planned Development/Major Office). 12376999v4 3 B. Proposed. In our Application, we are requesting that the City amend its Comprehensive Guide Plan designation of the Subject Property to “SA - MU” (“Special Area/Mixed Use”) to permit us to eventually re-zone the Subject Property to “PD – MU” (“Planned Development/Mixed Use”) to support our proposed development described in Section IV of this Narrative. IV. PROPOSED DEVELOPMENT A. Description. We are not asking to eliminate development of CSM’s original planned office, office/showroom or office/flex building as a permitted development on the Subject Property. Instead, we are asking the City to expand the Comprehensive Plan Guidance and Zoning of the Subject Property to permit High Density Residential uses in addition to these various office uses. TAB 2 depicts our proposed site plan for the Subject Property, identified as Buildings 1, 2, 3 and 4 and “Flex” on the TAB 2 exhibit. This exhibit shows 4 residential buildings, which could provide, in the aggregate, a range between approximately 500 and 600 residential units, and 1 approximately 60,000 square foot single-story office/flex building similar to the neighboring White House Custom Colour buildings and other buildings in The Waters development. All developments are market dependent. For the reasons we describe in Section VI of this Narrative, we believe that our proposed site plan makes the Subject Property more compatible with existing land uses than it would have been when the PD Agreement was executed in 2006. B. Timing and Phasing. We envision that we will develop the Subject Property in multiple phases, in conjunction with our development of Viking Lakes and depending on market conditions, commencing as soon as the market will support development of the Subject Property. V. EXISTING LAND USES A. Subject Property. The Subject Property is currently undeveloped raw land. B. Surrounding Land Uses and Zoning Within 660 Feet. North: The Subject Property is adjacent to the southern boundary of Viking Lakes (zoned PD/MU). The adjacent Viking Lakes property is planned for High Density Residential development (see Buildings A-H on the exhibit attached at TAB 2) and an affiliate of Applicant will be commencing the first phase of high density residential development on 12376999v4 4 the Viking Lakes land this spring. South: Lone Oak Drive and Performance Circle form the southern boundary of the Subject Property. The property across Lone Oak Road is developed as a “Business Park.” East: The Ecolab campus (zoned PD/MO) is located east of the Subject Property. West: The White House Custom Colour Project (PD/MO) is west of the Subject Property. VI. COMPATIBILITY OF PROPOSED USE WITH SURROUNDING USES The Subject Property is a tree filled site that is difficult to develop due to wetland conditions and its hilly topography. Although zoned for major office uses, the Subject Property is not well suited to higher density office development because of wetland and topographic conditions, as well as the site’s limited access to a public right-of-way. By expanding the types of uses that we may develop on the Subject Property, our proposed development is more compatible with the physical condition of the Subject Property and surrounding land uses than is the development contemplated in the current comprehensive plan guidance and zoning, for the following reasons: • The development of Viking Lakes, and its approved and planned multifamily residential phases adjacent to the Subject Property, was not contemplated in 2006. Viking Lakes has changed the character of the area and has made residential uses equally compatible with the office/showroom, office/flex and business park uses of the Waters and Ecolab developments. As recognized in the City’s 2040 Comprehensive Plan, high density residential is generally compatible with more intense commercial and industrial uses such as the existing Waters and Ecolab uses. • Wetland and topographic features of the Subject Property make it difficult to develop for surface parked office uses. High density residential uses are more compatible. Again, as the City recognizes in its 2040 Comprehensive Plan, high density residential development may be particularly suited to property with severe development limitations, such as steep slopes, tree and wetlands. Underground parking minimizes the development’s footprint. This is the case here as we intend to develop approximately 600 units in multiple buildings served in part with underground parking. Our proposed development will include some, but not an ocean of, surface parking. • Current access to the Subject Property from a public right-of-way is limited, making development of the Subject Property for office uses difficult. As you can see from the site plan at TAB 2, the Subject Property has very little frontage on Lone Oak Drive and there is a wetland that prevents construction of a drive lane 12376999v4 5 that would provide direct vehicular access to Lone Oak Drive. The only vehicular access to Lone Oak Drive is via a private easement over the White House Custom Colour property that is shared with White House’s delivery activities and truck and trailer parking. Additionally, the limited frontage onto Lone Oak Drive impacts visibility of any office user. Our control of the Viking Lakes property to the north allows us to provide superior vehicular access to the Subject Property from Vikings Parkway and our proposed residential use does not require the visibility that a corporate office user may require. Furthermore, we will be able to link the Subject Property into the Viking Lakes sidewalk/trail system. • Within Viking Lakes, we will be dedicating the southeast corner of Viking Lakes (to be platted as Outlot B, Viking Lakes 4th Addition) to the City for park purposes. This future park is well-located and provides a park amenity not only to Viking Lakes but also to tenants of the Subject Property. Note that in its 2040 Plan, the City identifies this future park area as a high density residential area, and not as a park. • In its 2040 Comprehensive Plan, the City noted that recent high density residential developments averaging 42 units/acre are consistent with past development practices. Eagan continues to grow. The 2040 Plan notes that there are currently 157 vacant acres of major office land in Eagan and 47 acres of major office land is deemed underutilized. There are far fewer available acres of high density residential land. It is one of the City’s stated 2040 policies to designate sufficient land for higher density housing to insure that the City may attain its goal of providing a wide variety of housing options to its residents. The Northeast Special Area, in part because of Viking Lakes, has changed since 2006. At that time, high density residential development was incompatible with the remainder of the Waters development as well as the Northwest Airlines/Delta Headquarters and Ecolab campuses. Now, however, with Viking Lakes, what was formerly incompatible is compatible. Office/showroom/flex and high density residential uses are compatible together or alone. Therefore, the Comprehensive Plan guidance and zoning of the Subject Property should provide sufficient flexibility to develop all of these compatible uses on the Subject Property. We believe that the challenges to developing office space on the Subject Property that we describe above are some of the reasons why the Subject Property has not yet been developed. CSM obtained entitlements to build an office building on this site in 2006, but the Subject Property remains vacant and the entitlements have expired. We believe that expanding the menu of developable uses on the Subject Property will accelerate development of the Subject Property and request the City request the Metropolitan Council’s consideration of our request for a Comprehensive Guide Plan Amendment as set forth in our Application. Thank you for considering our Application. 12376999v4 6 TAB 1 12376999v4 7 TAB 2 City Council May 5, 2020 Waters Annex Comprehensive Guide Plan Amendment 2 EcoLab WHCC Vikings Training Facility USPS Waters Office Park Prime Therapeutics Viking Lakes Residential Future City Park 3 Vikings Parkway Ames Crossing Proposal ➢Comprehensive Guide Plan Amendment from Special Area – Major Office to Special Area –Mixed Use ➢24.67 acres ➢Proposed Range of 500 to 600 multi- family dwelling units ➢Proposed 60,000 square feet of office/flex space building 4 5 Subject Property 6 7 Viking Lakes Residential Future Park EcoLabWHCC Vikings Training Facility Future Commercial 8 9 SUMMARY OF FINDINGS General Considerations ➢Amendment from SA-MO,Special Area-Major Office,to MU,Mixed Use ➢Site is surrounded by a mix of office,office/showroom, and office/warehouse;future uses to include multi- family residential,retail,office and hotel uses ➢Zoning and associated bulk standards to be addressed at Preliminary Planned Development 10 SUMMARY OF FINDINGS Environmental Impacts ➢Environmental Assessment Worksheet (EAW)with future applications ➢Heavily wooded and contains two (2)wetlands;a wetland delineation report to be prepared with Preliminary PD ➢Site is subject to City’s Tree Preservation Ordinance ➢Allowable removal:47.5% ➢Tree Protection Plan all four (4)Waters Annex parcels ➢16.1%removed (on Lots 1-3) ➢31.4%remaining allowance ➢Airport Noise Policy Zone 4 one-mile Buffer ➢Office –Compatible ➢Multi-family –Provisional ➢New development subject to sound attenuation techniques 11 SUMMARY OF FINDINGS Infrastructure Impacts ➢Sanitary sewer capacity:scheduled expansion for summer 2020 ➢Private water and sewer mains and services to be extended ➢Traffic study may be due at the time with future applications 12 SUMMARY OF FINDINGS Comprehensive Land Use Impacts ➢Major Office reduced from 198 acres to 174 acres. ➢Mixed Use increased by 24 acres ➢8 acres of Mixed Use-Commercial Industrial ➢16 acres of High Density Residential ➢Proposal appears generally compatible to the surrounding developed properties 13 SUMMARY OF FINDINGS Parks and Recreation System ➢Located in Park Service Area 1 ➢2040 Comprehensive Plan identified area as “potential underserved area” ➢Future 12-acre park as part of Viking Lakes ➢Approximately three (3) acres developable for park uses ➢Passive amenities -trails or benches ➢Existing sidewalk/trails along Vikings Parkway and Lone Oak Drive; future trails within Viking Lakes residential ➢Illustrated “Park” area requires review by Parks 14 Advisory Planning Commission 15 ➢Recommended Approval on 8 –0 vote (included vote of alternate APC member) ➢Comments included: ➢Type of uses anticipated within the office/flex space;how will those uses support adjacent residential. ➢The proposed office/flex space provides a buffer and transition from proposed multi-family to existing adjacent uses. ➢Appears to be consistent with the existing surrounding land uses. Action to be Considered 16 To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Special Area –Major Office to Special Area –Mixed Use,upon approximately 24.67 acres for property legally described as Outlot ‘A’,Waters Annex 2nd Addition. Agenda Information Memo May 5, 2020, Eagan City Council Meeting NEW BUSINESS B. Comprehensive Guide Plan Amendment; Rezoning; Preliminary Planned Development; and Preliminary Subdivision - Ballantrae Apartments, LLC Action To Be Considered: To implement a Comprehensive Guide Plan Amendment changing the land use designation from MD (Medium Density) to HD (High Density) upon approximately 0.66 acres located south of Silver Bell Road and east of Ballantrae Road. To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from R-4 (Residential Multiple) to PD (Planned Development) of 18 acres, legally described as Lot 1, Block 1, Ballantrae 2nd Addition. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Planned Development to allow two (2) new multi-family buildings upon approximately 19.43 acres upon property legally described as Lot 1, Block 1, Ballantrae 2nd Addition; Lot 1, Block 2, Ballantrae 1st Addition; and Outlot A, Briar Hill 2nd Addition, subject to the conditions listed in the APC Minutes. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Ballantrae 3rd Addition) to create three (3) lots upon 19.43 acres upon property legally described as Lot 1, Block 1, Ballantrae 2nd Addition; Lot 1, Block 2, Ballantrae 1st Addition; and Outlot A, Briar Hill 2nd Addition, subject to the conditions listed in the APC Minutes. Required Vote For Approval:  Comprehensive Guide Plan Amendment – At least four votes  Rezoning & Preliminary Planned Development – At least three votes  Preliminary Subdivision – Majority of Councilmembers present Facts:  The applicant is proposing to construct two additional buildings adding 110 dwelling units to the Ballantrae Apartments community upon approximately 19.4 acres.  To do this, the applicant is consolidating two (2) small vacant parcels along Silver Bell Road into the existing Ballantrae site and rezoning the entire site to Planned Development, allowing the proposal to be evaluated in the context of the overall complex.  The land use amendment applies to one of the two (2) vacant parcels to make it consistent with the rest of the Ballantrae site, which has a land use designation of High Density.  The subdivision creates separate lots for the proposed new buildings.  Over the past ten years, the Applicant has made significant investment in renovations to the complex, originally constructed in 1972.  With both new buildings adding 110 units to the existing 204-unit complex, the gross density of the Ballantrae development would increase from 10.86 units/acre to between 15 and 16.65 units per acre. Comprehensive Guide Plan Amendment:  The Applicant is requesting a change in the land use designation from MD (Medium Density) to HD (High Density), of a 0.66-acre parcel.  The parcel is a remnant outlot from the 1980’s townhome development to the east. It subsequently went into tax forfeiture and was later purchased by the owner of Ballantrae Apartments.  The High Density designation aligns this parcel with the rest of the Ballantrae property, allowing this parcel to be incorporated into the Ballantrae site.  The Advisory Planning Commission held a public hearing on the request at the August 5, 2019 meeting, and did recommend approval.  The Metropolitan Council recently completed review of the proposal and on April 13, 2020, determined the amendment may be implemented by the City. Rezoning & Preliminary Planned Development:  The applicant is proposing to rezone the entire property to Planned Development and construct two (2) new apartment buildings on the site.  The Planned Development zoning allows the proposal to be considered in the context of the overall apartment complex.  The site has access to parks, is on a collector roadway with transit and trails available, is served by City sewer and water and is within ¼ mile of a commercial and mixed-use area.  The property is within Airport Noise Zone and multiple family residential is a compatible use with this Zone.  The proposed northerly building is six stories, with four levels of dwelling units and two levels of parking below. The proposed southerly building is four stories with 24 units in three levels above one level of parking.  Many typical zoning standards such as architectural, site lighting and parking appear to be satisfied. The proposal includes the following deviations from City Code requirements: o building height – 66 feet for the northern building, 52 feet for the southern building o reduced building setbacks for both buildings - in particular from Silver Bell Road and east side of the site; other setbacks are from proposed lot lines internal to the site (further detail in the staff report). o lot area per unit – 2,444 s.f. compared to R-4 standard of 2,645 s.f.  Deviations from typical City Code requirements can be accommodated through the proposed Planned Development zoning. The acceptability of the Planned Development with deviations is a policy matter to be determined by City officials. Preliminary Subdivision:  The proposed subdivision incorporates the two vacant parcels in the northeast corner into the overall Ballantrae site, and subdivides the site into three parcels, one for the existing complex and two for the proposed new buildings.  Access to the property is through the existing private street of Ballantrae Road which connects to public streets of Silver Bell Road to the north and Gold Trail to the south.  The property in the northeast corner has a topographic change of 40 feet, is wooded and a wetland is present to the south. The Tree Preservation ordinance applies to any development.  The preliminary utility and stormwater management plans are acceptable, and the preliminary site grading plan is also acceptable with some modifications.  A Wetland Delineation will be required prior to Final Subdivision or any land disturbance, and conservation easements will be required over the wetlands and wetland buffer areas at the time of Final Subdivision.  Park and trail dedications will be due at the time of building permit, and installation of a private trail through the development to facilitate access to Woodhaven Park is a condition of approval.  The Advisory Planning Commission held a public hearing on the request at the December 19, 2019 meeting, and did recommend approval. Issues: None 60-Day Agency Action Deadline: Waived Attachments: (6) NBB-1 Location Map NBB-2 December 19, 2019 and July 23, 2019, APC Minutes NBB-3 August 5, 2019 City Council Minutes NBB-4 Planning Report NBB-5 Report Exhibits NBB-6 Metropolitan Council Approval Letter STATE T.H. NO. 13SILVER BELL ROADJADE PTCEDARGROVEPKWYHALITESAPPHIRE LN TACONITE TRAIL TACONITE GOLD TRAIL TURQUOISEPTAMETHYST LANEBLUEST ONE LANE CINNABAR DRBERYL ROADGOLD TRAIL BROWNBEARTRAILT U R Q U O IS E T R A I L TURQUOISE CIRTESSERACT PLSTATETRUNKHIGHWAYNO.13KENNEBECDRIVECALCITE DRRO B I N L A N E BLUESTONE DRBLUESTONEDR EAST MAGNETITE PTSILVER BELL CRNICOLS RO A D FLINT DRPERIDOTPATHCINNABAR CTKENNEBECDRIVE BLACKHAWK ROAD JADE LANE RI V V L Y W A YWUTHERING HEIGHTS RDCEDARGROVEPKWYLODESTONELN.LNPUMICE POINT SERPENTINEDRTURQUOISE TRAILLIMONITE LNHEATHERDRRED F O X LN ALDER LANERAHNROADCARNELIAN LANE PUMICE L NGOLD CT CARN E L I A N L A N E SERPENTINE CRC OUNTRY CREEKWAYTRAILDOLOMITEDR O L I VI NEDRCI NNABARDRIVESILVER BELL ROAD EAGANOUTLETSPKW YF L I N T LANE JADE LANE LI MONI TELANEMICA TRAILCINNABAR DRIVESILVER BELL ROAD SE N ECAROADCINNABAR DR BERYL RO A D CARNELIAN LANE BURGUNDY DRPUMICE LANEPUMICE CTG O L D T R A I L WILLOWWAYDIAMOND PTSHAWNEEROAD CARNELIAN LANELAUREL CTJADELANE MICA TRAIL GAB BRO T RAIL LODESTONE CI R .TACONITE PTTURQUOISE TRAILCEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVD Sky HillPark PeridotPathPark WoodhavenPark Fort SnellingState Park BridgeviewPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Ballantrae Apartments Request: Comprehensive Guide Plan Amendment; Rezoning; Preliminary Planned Development; Preliminary Subdivision Case Nos.: 20-CG-03-06-19; 20-RZ-02-11-19; 20-PD-02-11-19; 20-PS-05-11-19 Subject Site Advisory Planning Commission July 23, 2019 Page 12 of 15 F. Ballantrae Applicant Name: Paola Bernardi Sipe, Ballantrae Apartments, LLC Location: Outlot A, Briar Hill 2nd Addition; Outlot A, Briar Hill 2nd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from MD, Medium Density to HD, High Density Residential. File Number: 20-CG-03-06-19 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 17, 2019. Ed Farr, Edward Farr Architects, 7710 Golden Triangle Drive, Eden Prairie, representing the applicant. Mr. Farr introduced the Ballantrae Apartments owners and management company. The proposal would be part of the existing Ballantrae Apartments, no additional access points to Silver Bell Road will be proposed, adding that the site is in a good location to support high density housing. Chair Vanderpoel opened the public hearing. Claudia Sterling, 3819 Laurel Court, speaking on behalf of her neighbor (in attendance) asked about the ownership of the property, indicating that her neighbor believes the project may involve her (neighbor’s) property. Penny Lopez, 3817 Laurel Court, indicated that she has a garden and a recently planted spruce tree in the back of the property. Chair Vanderpoel asked if this ownership issue has any bearing on this request. City Attorney Margarit responded that this is an ownership issue between the two property owners and that the Commission should continue with the request before them. Chair Vanderpoel asked the applicant and adjacent property owner if they could meet outside chambers to discuss this issue. There being no further public comment, Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Member Weimert moved, Member Whisnant seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from Medium Density to High Density residential upon Outlot A, Briar Hill 2nd Addition, consisting of approximately 0.66 acres located south of Silver Bell Road, east of Ballantrae Road. All voted in favor. Motion carried 7-0. Advisory Planning Commission July 23, 2019 Page 13 of 15 G. Roers Companies Applicant Name: Jeff Koch, Roers Companies Location: 2055 Cliff Rd; Lot 1, Block 1, Park Center Sixth Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from RC, Retail Commercial to HD, High Density Residential for approximately 1.75 acres in the northeast corner of the site. File Number: 30-CG-04-06-19 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 16, 2019. Chair Vanderpoel asked if the applicant would like to speak. Jeff Cook, 210 Queensland Lane North, Plymouth, MN, representing Roers Companies, gave a presentation of the project to the Commission. Mr. Cook stated that Eagan’s apartment vacancy rate is 2.4% and the City has grown 3,100 people between 2010-2018, indicating that housing hasn’t kept up with population growth. He added that the project would be in keeping with the Cliff Road Commons Special Area that guides the area toward mixed use. Chair Vanderpoel asked if the Commissioners had any questions of the applicant. Member Goff noted that the plan presented to Commission appeared to make the site tight and asked what limitations of the site are that don’t allow the building to go more vertical. Mr. Cook replied that additional building height would likely require different building materials and increase costs when they were trying to keep the project affordable within the Eagan market. They also want to be respectful of sight lines and the existing buildings in the area. Member Weimert asked why the applicant thought it was important to add residential to the commercial core of this area. Mr. Cook replied that they like to construct within dense and walkable areas, the site is within proximity to retail as well as public transit. There being no further questions of the applicant, Chair Vanderpoel opened the public hearing to the public. There being no citizens to comment, Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Member Weimert stated he is comfortable with the site but encouraged the developer to look at travel patterns; and he added he is not sure residential is appropriate. Member Goff stated that the site was recently before the Commission and if questioned if enough time has passed to eliminate the possibility of retail uses. Advisory Planning Commission July 23, 2019 Page 14 of 15 Member Sagstetter voiced that high density residential could work, adding he has concerns that the concept may be too dense; however the transition from retail to a mixed use site could make some sense. Member Jensen voiced he was skeptical about the proposal given the area is primarily retail and commercial, but he can see the benefits of green living with less dependence on vehicles. He would like the developer to come back and provide more details about the benefits (of the land use change), so is willing to let developer try to make it work. Member Whisnant stated she notes similarities with this project to that of Central Park Commons. Member Sagstetter moved, Member Whisnant seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment from Retail Commercial to High Density (HD) residential upon 1.73 acres in the northeast portion of property located at 2055 Cliff Road to allow construction of a multi-family residential building. Chair Vanderpoel added that she thought that not enough time has lapsed since the prior amendment to the site, that the project was somewhat of an awkward fit for the location, but noted that the City needs this type of housing and is willing to support it. All voted in favor. Motion carried 7-0. City Council Meeting Minutes August 5, 2019 7 page Comprehensive Guide Plan Amendment – Ballantrae Apartments, LLC City Administrator Osberg introduced the item noting the applicant is requesting a change in the land use designation from MD (Medium Density) to HD (High Density, of a 0.66‐acre parcel. The action before the Council is to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from MD (Medium Density to HD (High Density). City Planner Schultz gave a staff report and provided a site map. Ballantrae Apartments owner Paola Bernardi Sipe introduced herself to the Council. Ed Farr, Edward Farr Architects, representing the applicant was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the Comprehensive Guide Plan Amendment request. Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from MD (Medium Density) to HD (High Density) upon approximately 0.66 acres located south of Silver Bell Road and east of Ballantrae Road. Aye: 4 Nay: 1 (Bakken) Comprehensive Guide Plan Amendment – Roers Companies This item was continued to the August 20, 2019 regular City Council meeting. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire encouraged residents to get outside and meet their neighbors during National Night Out tomorrow August 6th. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 8:05 p.m. Aye: 5 Nay: 0 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 13, 2019 CASE: 20-RZ-02-11-19 20-PD-02-11-19 20-PS-05-11-19 APPLICANT: Ballantrae Apartments, LLC HEARING DATE: December 19, 2019 PROPERTY OWNER: Ballantrae Associates, LP APPLICATION DATE: December 3, 2019 REQUEST: Rezoning, Preliminary Planned PREPARED BY: Pamela Dudziak Development; Preliminary Subdivision LOCATION: 3800 Ballantrae Road COMPREHENSIVE PLAN: HD, High Density ZONING: R-4, Residential Multiple PD, Planned Development SUMMARY OF REQUEST The applicant, Ballantrae Apartments, LLC, is requesting approval of a Rezoning from R-4 (Residential Multiple) to PD (Planned Development) of 18 acres, and a Preliminary Subdivision to create three lots and Preliminary Planned Development to allow two (2) new multi-family buildings upon approximately 19.43 acres located south of Silver Bell Road, at Ballantrae Road, legally described as Lot 1, Block 1, Ballantrae 2nd Addition, Lot 1, Block 2, Ballantrae 1st Addition, and Outlot A, Briar Hill 2nd Addition. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that “In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 2 B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement s are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands . K. That the subdivision is in compliance with those standards set forth in the city's water quality and wetland management plan which is properly approved and filed in the office of the city clerk and in effect as of the date the subdivision application wa s received by the city, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereb y made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the water quality management plan and make the same available to the public. L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 3 M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The subject property consists of three parcels. The largest parcel consists of 18 acres and is developed with the Ballantrae Apartments. The other two smaller parcels total 1.33 acres and are vacant. All three have the same owner, Ballantrae Associates, LP. A Comprehensive Guide Plan Amendment for the northeasterly 0.66 acres to change the land use designation from Medium Density to High Density was submitted earlier this year. On Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 4 August 5, 2019, the City Council directed staff to submit to the Metropolitan Council. City staff has not yet submitted the application to the Metropolitan Council as the citywide 2040 Comprehensive Plan has not yet been approved. Once the Metropolitan Council and the City Council approve the overall 2040 Comprehensive Plan, staff will submit the amendment to the Metropolitan Council. It is the City’s practice to hold off on implementing Comprehensive Guide Plan Amendments until accompanied by a specific development plan. To date, the High Density land use designation remains pending, and the current development proposal is predicated upon i ts implementation. Therefore, this proposal will proceed through public hearing with the Advisory Planning Commission, and will then be “parked” until the Comprehensive Guide Plan Amendment has been reviewed and acted upon by the Metropolitan Council. Then all requests will proceed to the City Council for action at the same time. EXISTING CONDITIONS The northeast portion of the site is vacant and contains wooded areas. The topography slopes from north to south with elevations ranging from 850 in the northeast corne r to 810 at the south end. A wetland is present in the center of the site and along the east edge of the property. Drainage and utility easements are present over the wetland areas, and both have storm sewer pipes leading in and out of the wetlands. Access to the site is via a private street, Ballantrae Road, which connects to Silver Bell Road to the north and Gold Trail to the south. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Apartments R-4, Residential Multiple HD, High Density East Townhomes PD, Planned Development MD, Medium Density South Woodhaven Park P, Park P, Parks Recreation Open Space West Residential (varied) CGD, Cedar Grove District R-4, Residential Multiple HD, High Density EVALUATION OF REQUEST Description of Proposal - The Applicant intends to build two new multi-family buildings on the site. The proposed subdivision creates separate lots for the new buildings for financing purposes. In total, an additional 110 units are proposed to be added to the existing 204 -unit complex. The northern building contains 86 units, and is six stories with four levels of dwelling Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 5 units above two levels of parking. The southern building contains 24 units and is four stories with three levels of dwelling units above one level of parking. In addition, the proposal relocates an existing playlot to the open area near the tennis courts. Type of Unit Southern Building Northern Building 3 BR 6 0 2 BR w/ den 0 8 2 BR 6 16 1 BR 12 38 Alcove 0 16 Studio 0 8 TOTAL 24 86 Applicant’s Narrative – The submitted narrative describes the proposed development as a 110- unit expansion on areas of vacant property associated with the existing 204-unit Ballantrae Apartment complex. The proposal includes the construction of two new multi-family buildings. The original complex was constructed in 1972, and the owners undertook exterior renovation in 2012-2013 and interior renovations in 2018-2019 which included new foundations at tuckunder garages, new siding, new pitched roofs, 112 new detached garage spaces, retrofitting buildings with air conditioning, LED lighting and new interior finishes. The narrative further states that the current ownership group has operated Ballantrae since the 1970s, and “continuously reinvested in the Property to make a sustainable and attractive community for generations.” Thus, “rents have remained below the 60% AMI [Average Median Income] threshold without any inducements or governmental mandates.” The proposal will “increase the supply of high-quality multi-family housing offerings, and “will allow for the preservation of a large number of naturally occurring affordable housing (NOAH), which is consistent with several Comp Plan goals, policies, and strategies.” Compatibility with Surrounding Area – The immediate surrounding area is developed with residential multi-family buildings and townhomes. Conforming Plan – The proposed Planned Development zoning allows the proposal to be considered in the context of the entire complex rather than as individual buildings. As such a separate Conforming Site Plan was not submitted. As compared to R-4 (Residential Multiple) zoning, the proposal deviates from building height and setback standards. Collectively, the impact of the proposed development to the overall Ballantrae complex increases density to just over 16 units per acre and reduces the parking ratio to more closely align with City standard of 1.5 stalls per unit. In addition, existing and new site amenities can be shared throughout the complex. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 6 Planned Development and Public Benefit - The Planned Development zoning affords flexibility to both the developer and the City with the intention of mutual benefit. The PD zoning allows standards to be evaluated over the entire complex, as well as accommodates deviations from typical City Code requirements. The applicant’s narrative speaks to both the justification for deviations for typical zoning standards, and to the public benefit of the proposed expansion of this existing apartment complex. By incorporating two vacant parcels of land into the development site, this proposal provides for expansion of an existing multi-family residential development and represents continued investment of the owners to maintain “high quality market-rate housing,” while also “offering much-needed affordable housing in the same apartment community.” To accomplish this, the developer is requesting some deviations to typical Code requirements such as for setbacks and building height. The acceptability of the Planned Development Amendment with deviations to typical City Code standards is a policy matter to be determined by City officials. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted land use compatibility guidelines which incorporate the 2007 Noise Policy Contours. Under these guidelines, the site is located within the one-mile Buffer of Airport Noise Zone 4, within which multi-family residential with shared entrance is considered a compatible use. Density – The existing Ballantrae Apartments development has a gross density of 10.86 units per acre. The proposed gross density with the new contemplated buildings is 16.2 units per acre. This is consistent with the HD, High Density land use designation which provides for residential development exceeding 12 units per acre. A more detailed analysis of density relative to the R-4 zoning standards requires 2,645 square feet (s.f.) per unit. R-4 zoning requires 2,750 square feet of net land area per unit with a credit of 300 square feet provided for each underground garage stall. In addition, no more than 10% of ponding areas or similar unbuildable areas shall be used for calculating allowable density. The resulting required lot area per unit is 2,645 square feet. Applying these standards to the Ballant rae site, the proposed site area per unit is 2,444 square feet. This is less than the R-4 standard of 2,645 square feet. Strict adherence to the zoning standard is flexible within the Planned Development. Required Lot Area per R-4 zoning standards: Over the entire complex, both existing and proposed, required lot area is 2,645 square feet per unit. R-4 lot area requirements for the total of 314 units are estimated as follows: Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 7 Required Lot Area per R-4 zoning standards (cont.): 2,750 s.f. per unit x 314 units = 863,500 s.f. Less 300 s.f. x 110 underground stalls = 33,000 s.f. 830,550 s.f. Lot Area Provided: Total site area for density purposes is 767,527 square feet, which equates to proposed area of 2,444 square feet per unit. For the total of 314 units proposed, this is equivalent to 17.8 units per acre. Gross Site Area 845,935 s.f. Less ponding area -87,120 s.f. Plus 10% of ponding area + 8,712 s.f. 767,527 s.f. Lots – The proposed subdivision consolidates the vacant parcels with the larger developed parcel and creates three lots. Separate lots are needed for the two new buildings for financing purposes. Lot 1 is 16.7 acres and contains the existing buildings. Lot 2 in the northeast corner of the site is 1.9 acres, and Lot 3 in the east central part of the site is 0.83 acres. Lot 3 does not have public street frontage, however, Section 13. 20, Subdivision 9 of the Subdivision Ordinance allows parcels without public street frontage in multi-dwelling complexes, with access to a public street provided by easement over another parcel within the complex. Site Plan – The plans include an overall Existing Conditions and Overlay Plan which shows the underlying existing development and the proposed new development including the two new apartment buildings, new and relocated tentative play areas, and a proposed dog run. More detailed individual Site Plans are provided for the North and South buildings. Both show multiple story buildings with underground parking. The North Site Plan shows a slightly angled rectangular building adjacent to Silver Bell Road, with a drive and surface parking lot south of the building, and a turnaround circle at the east end. There are two levels of underground parking, one of which is accessed from the west end of the building, and the other from the east end by the circle. The building is built into the hillside, with the building partially below ground on the east end, and gradually more exposed at the west end. A retaining wall is needed around the circle turnaround at the east end of the site. The South Site Plan shows a rectangular building in an open yard area east of an existing building. A new surface parking lot with one row of parking is located between the two buildings, and the new building also provides one level of underground parking. A retaining wall is proposed around the northeast corner and along most of the east side of the building. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 8 Parking - The surface parking lots show 9-foot wide by 18-foot (9’ x 18’) deep single-loaded stalls, with a 24-foot wide drive aisle. This is consistent with typical City Code standards for multiple residential parking and with the existing surface lots on the site. Required parking setbacks are a minimum of five (5) feet on side and rear yards, and 20 feet in front yards adjacent to public right-of-way. These standards are met with the proposal. Planned Development: Setbacks - The R-4 zoning district establishes a minimum front yard building setback of 40 feet along Silver Bell Road (a Major Collector roadway), with minimum side and rear yard setbacks of 30 feet. In addition, an additional three (3) feet of setback from all property lines is required for each one (1) foot of building height over 35 feet. Northern building - The proposed northern building is 66 feet in height which would require an additional 93 feet of setback from all property lines. The proposed setbacks deviate from this standard on all sides. The proposed building setback is 8 feet from Silver Bell Road at its closest point, and 25 feet to the east side property line. Proposed the building setbacks from the south and west property lines are 53 feet and 45 feet. The boundaries of proposed Lot 2 abut right-of-way and adjacent property to the north and east, while to the south and west the boundaries of proposed Lot 2 are internal to the Ballantrae complex. Southern Building – The southern building deviates from the R-4 setbacks on the east and south property lines, with setbacks of 20 feet and 30 feet as compared to the R-4 standard of 81 feet. The deviation is due to the additional setback for building height. While the setbacks are measured from property lines, only the east side of proposed Lot 3 abuts other property; the north, west and south the lot lines are internal to the Ballantrae complex. The applicant is requesting flexibility through the PD zoning for relief from strict R-4 setback standards. In part this is due to the location of property lines created by the subdivision for financing purposes; the buildings are part of the apartment complex which functions as a single site. The request is also based on the topography of the site, proximity to neighboring property to the west within the Cedar Grove District, and consistency with the intent of PD zoning district. The applicant discusses the setback deviation in detail on pages 9 - 11 of the submitted narrative. A summary of reasons in support of the setback deviations include: • Allowing creative infill and reuse of underutilized portions of the property while being sensitive to the existing site and environmental features; • Allowing a development pattern that is consistent with land use density, transportation facilities and objectives of the Comprehensive Plan; Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 9 • Allowing a project consistent with the goal of recognizing the economic and cultural advantages that will accrue to the residents of a planned community in that the higher density meets growing demand for high quality market rate housing in the City and region; • Allowing Ballantrae to continue providing investments in the affordable housing on site to ensure a high-quality housing development with a range of affordability options. Building Coverage – For all residential districts, the City Code sets the maximum building coverage ratio at 20%. The two proposed buildings add 33,920 square feet of building coverage to the site. Based on net land area excluding the ponds/wetlands, the existing building coverage ratio is 17% and with the new buildings, proposed building coverage is 19%. Green Space – Proposed impervious surface coverage is 8.77 acres on a site area of 19.4 acres, or a ratio of 45.17%. Conversely, green space (including the wetland and ponding areas) is proposed to be 54.83%. The zoning ordinance does not establish a separate maximum impervious or minimum green space standard. The required setbacks serve this purpose. Building Height - Building height is measured from average grade to mean roof height. The height of the north building is 66 feet, and the south building is fifty-two (52) feet. The R-4 zoning district sets maximum building height of 60 feet. The northern building exceeds this maximum. In addition, for building heights over 35 feet, additional setbacks apply. Setbacks are discussed in greater detail elsewhere in this report. The proposed buildings have a pitched roof, and for the northern building in particular, there is significant grade change along Silver Bell Road which impacts the calculation of building height. The difference between the lowest and highest grades abutting the northern building is 24 feet. “The two levels of parking are hidden from Silver Bell Road on the east and become gradually more visible on the west.” The deviation to building height can be accommodated through the Planned Development zoning and is a policy matter for City officials. Building Elevations/Architecture – The City Code does not contain specific exterior material standards for multi-family residential uses, however, multi-family buildings are subject to general building design standards which include all exterior vertical surfaces of a building to have an equally attractive or the same finish, multiple planes or sections of coordinating materials to add visual interest along expanses of wall, and the ground level of any three-story or taller structure to be visually different from the upper stories. Additionally, all exterior building materials must be attractive, durable and compatible with adjacent structures. Both buildings appear to satisfy the architectural standards in terms of visual relief, variety of materials, and horizontal and vertical relief. The buildings are proposed to have similar architectural features to the existing buildings with pitched roofs and balconies. Finish materials include brick and glass, two types of cement fiber siding, and EIFS as well as a Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 10 “limestone colored masonry veneer.” These same finishes are used on all sides of the building. On the north building, the areas where the lower level garage walls are exposed are treated with a brick finish, a masonry veneer accent band, with fiber cement shake siding that is also used as an accent on upper levels of the building. The architectural design provides variations in textures and colors of materials with both horizontal and vertical differentiation across the building. The north building “has an upgraded façade treatment due to: the higher visibility to the public way, a more sophisticated target market and to help offset the reduced building setback from Silver Bell Road.” The architectural design of this building intends to “convey a more contemporary expression while retaining the primary color scheme of the other Ballantrae buildings.” Mechanical Screening – City Code requires mechanical equipment to be screened from off-site views. The proposed building architecture shows a pitched roof. Aside from vents, mechanical equipment is expected to be ground mounted or located inside the building. All mechanical equipment should be screened in accordance with the provisions of the City’s zoning code. Recreation Space – The City Code requires that on-site recreation space be provided in multiple-family developments. The Code requires 200 square feet for each one (1) or two (2) bedroom unit, plus 100 additional square feet for each three (3) bedroom unit. Recreation space must be located a minimum of 100 feet from ponding areas. The existing complex has 204 dwelling units, and the submitted plans indicate an additional 110 units are proposed. In total there are 292 studio, one-bedroom and two-bedroom units, and 22 three-bedroom units. Thus, a total of 65,000 square feet of recreation space would need to be provided to meet the City Code standard. The narrative addresses site amenities in detail. The existing complex provides a community building and indoor swimming pool, fitness center, tennis court, playground, grilling area and picnic tables. The Site Plan shows three new tentative outdoor play areas throughout the site, and a proposed dog run in the southwest corner of the property. The proposed new north building includes a community gathering room with both indoor and outdoor spaces on the upper level. These existing and proposed recreational amenities total 100,536 square feet, which meets the City Code standard. Supplemental Storage Space – City Code requires that multiple residential buildings provide additional storage space in the amount of 150 cubic feet per unit, exclusive of the storage space within the unit itself. The submitted floor plans show separate storage lockers. In the north building the storage area is on the garage level, and in the southern building each floor has a storage locker room. Both buildings provide at least one (1) locker per unit. The cubic Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 11 feet area of these lockers was not identified. At the time of Building Permit, the applicant should demonstrate the lockers meet the 150 cubic feet per unit standard. Trash Storage - The architect has indicated trash and recycling space in the garage level of each of the new buildings. Site Signage – The Ballantrae site has an existing monument identification sign at the corner of Silver Bell Road and Ballantrae Road which will remain. Minimal additions in the form of building address numbers and informational and directional signs for wayfinding will be added to the site. Building Address Numbers – Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Landscaping – The Zoning Ordinance requires a Landscape Plan for multiple-residential developments. Landscaping is required to screen parking areas from public rights-of-way, and to provide a buffer between the development and public streets and adjacent properties. The Landscape Plan is required to “stand on its own” and any tree mitigation is intended to be above and beyond required landscaping/screening. The ordinance also sets a benchmark of 3% of building value to be invested in site landscaping. The submitted Landscape Plan is conceptual at this point, identifying generic trees, shrubs, perennials to be used throughout the areas of new construction. Total quantities of each type of plant material are identified, however, specific species selections and those individual quantities have not been assigned to the graphic plan. The applicant’s narrative indicates an intent to satisfy landscape standards. A more detailed Landscape Plan demonstrating compliance with the landscape ordinance should be provided at the time of Final Planned Development for inclusion in the Final Planned Development Agreement. Tree Preservation – The tree preservation for this development will be considered on a single- phase multiple-unit residential type of application. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 30.0%. A tree inventory was submitted with this application using a hybrid model of individual significant trees and woodland areas over the entire site. The submitted Tree Removal Plan for the undeveloped, northeast parcels indicates the removal of 29 (93.5%) of 31 significant trees. This removal percentage is more than the 30% allowable per City of Eagan Tree Preservation ordinance; therefore, tree mitigation applies. Significant tree removal above the 30.0% allowable results in a required tree mitigation of fifty (50) Category B trees. The removal of trees for the south building is within the allowable removal limit and requires no additional mitigation. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 12 The applicant should submit a Tree Mitigation Plan showing the fulfillment of the required tree mitigation at the time of Final Planned Development or Final Subdivision. The Tree Mitigation Plan should show the number, size, and species of all required mitigation trees in plan form as well as tabular form. Also, per city ordinance, “where 10 or more mitigation trees are required, not more than 50% shall be of the same species without the approval of the city”. Mitigation trees are in addition to landscape requirements and should be labeled as such on an overall Landscape and Tree Mitigation Plan. If required mitigation trees cannot fit on site, the balance shall be provided as cash payment as identified in the City’s Fee Schedule ($400.00 per each Category B tree not planted). Per ordinance, the applicant should provide a performance guarantee to ensure the preservation of all significant trees located within fifteen feet (15’) of the con struction zone. The amount to be collected is set at $25.00 per diameter inch of all trees within this area. The submitted tree inventory indicat es that there are ten (5) trees totaling 63 diameter inches within this 15-foot zone. Thus, the required performance guarantee calculates to $1,575.00. Site Lighting – The submitted Site Lighting Plan is acceptable. Pole-mounted fixtures are used to illuminate surface parking areas, and building mounted lights illuminate entrances and walkways. The photometrics for the two newly constructed areas are acceptable. Minimum light levels are above 0.5 footcandles, with average to minimum ratios below 4.0 footcandles. Light levels at perimeter property lines are below 1.0 footcandle. Subdivision: Topography/Grading – The majority of the site was previously developed with apartment buildings and parking lots. The two areas proposed for new apartment buildings are generally clear, except the northeast corner of the site is heav ily treed. The majority of both new apartment sites would be disturbed for construction of the proposed buildings, infiltration facilities, parking areas, and extension of utilities. The overall site generally drains to the west with elevations ranging from 841 feet to 798 feet. The preliminary grading plan is acceptable, with modification. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT ) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment o f vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 13 measures should be installed and maintained in accordance with City code and engineering standards. The applicant should provide a minimum of 10-foot-wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater facilities’ inlets/outlets. The unobstructed equipment access path should be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the filtration basin. Storm Drainage – The preliminary storm drainage plan is acceptable. The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan – 2007). Storm water runoff from the development will drain via a public and private storm sewer system to the wetland/stormwater pond (City Pond AP-36) at the west end of the site. Underground infiltration systems would also be constructed and will meet all requirements set forth in the Stormwater Management/Water Quality portion of this report. Wetlands - Minn. Rules Ch. 8420 (Minnesota Wetland Conservation Act) and City Code §11.67 (wetland protection and management regulations) apply to this proposed development. The existing waterbodies on the site, which will receive stormwater runoff from the proposed new construction, will need to be evaluated and delineated by a Certified Wetland Delineator, including assessing the wetlands utilizing the Minnesota Routine Assessment Method (MNRAM), for the City to determine wetland management classification(s). Conservation easements would be required over lands (including buffer areas) dependent on the classification(s) of the wetland. Stormwater Management/Water Quality – The applicant proposes to construct new and fully- reconstructed impervious surfaces totaling 1.6 6 acres, with 0.71 acres of disturbed/graded soils that are to be revegetated, on the site. This development will need to comply with the City’s Land Disturbance Stormwater Pollution Prevention and Post -Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1” Volume Control. To meet the 1.1” Volume Control requirement for this development proposal, based on 1.66 acres of impervious surface, a minimum of 6,626 cubic feet of effective retention or water quality equivalent will need to be provided (if included with an acceptable Soil Management Strategy for any disturbed/graded areas proposed to be revegetated, to restore soil permeability and soil health). I f no acceptable Soil Management Strategy is provided , then the entirety of the site’s disturbed soils (2.37 acres) will need to be calculated as impervious area. The applicant proposes to meet City stormwater rate control and volume control requirements through the on-site construction of two underground stormwate r infiltration chamber systems with isolator rows for rate control and volume control, and pre-treatment structures (catch- basin sumps) for the underground system, and soil loosening and amendme nt of the disturbed soil areas that are proposed to be revegetated after grading impacts, with a total retention Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 14 volume/water quality equivalent of 6,850 cubic feet. Overflow from the stormwater management system would discharge into/through public waterb odies AP-36 & AP-37, in the Minnesota River watershed. With the addition of on-site stormwater runoff being directed into AP-37, the existing outlet control structure for AP-37 should be upgraded as part of the development project. Eagan Water Resources has reviewed the applicant’s submitted plans, and stormwater management report, and finds the proposed plans to meet City Code §4.34 Post-Construction Stormwater Management Requirements are acceptable with conditions to require additional geotechnical investigations and design modifications are provided to ensure th at infiltration systems can actually infiltrate as intended, appropriate design and protection measures to keep the infiltration systems off-line until site stabilization, upgrading of existing stormwater infrastructure needed for safely conveying stormwater runoff, avoidance of construction impacts that could inhibit infiltration capabilities below the stormwater infiltration systems, assurances of adequate access for inspections and maintenance of all basins, assurances of long-term recurring maintenance of all private stormwater management facilities, effective soil loosening and amendment of graded soils to be revegetated, and appropriate erosion and sediment control during construction across the site during the extent of all construction activities (including effective rapid stabilization protections, construction stormwater treatment and sedimentation containment, rapid cleanup of tracking, etc.). Sanitary Sewer/ Water Main – The preliminary utility plan is acceptable. Lateral water main and sanitary sewer of sufficient size and capacity are available on-site for connection and extension with development of the property. Sanitary sewer District W, as designated in the City’s Comprehensive Sanitary Sewer Plan, serves the site. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Fiber to the Premises – In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. In lieu of this recommendation, the development should be designed to support such networks. The developer should provide a plan to be approved by staff including development-owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system should utilize a multi-partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. Streets/ Access/ Circulation – The two apartment buildings would utilize the existing parking lots and private street. Existing accesses are currently located on Silver Bell Road and Gold Trail. No access modifications are proposed. Existing pedestrian facilities within the site are limited. The applicant should extend a pedestrian facility to Silver Bell Road and Gold Trail, in a manner acceptable to the City Engineer. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 15 There is no public street parking available in the immediate area for construction workers to park. In similar situations throughout the city, it has become problematic to find adequate parking that did not cause safety or access issues for the general public and Public Saf ety. The applicant should provide a contractor parking plan in a form accep table to the City Engineer, prior to the approval of the building permit. Easements/ Right-of-Way – Adequate right-of-way currently exists along Silver Bell Road and Gold Trail. Drainage and utility easements were previously dedicated with the existing p lat. All easements are proposed to be vacated and re-dedicated with the new plat in accordance with current engineering standards. Additional drainage and utility easement should be dedicated on the east side of the southern apartment building to accommo date overland drainage, in a manner acceptable to the City Engineer. This generally includes to an elevation three feet above the high-water level. The applicant should enter into an encroachment agreement for the retaining wall on the east side of the s outhern building if it is in a drainage and utility easement, in a form acceptable to the Cit y Attorney. After the wetland delineation and MNRAM are complete, the applicant should provide conservation easements over any wetlands and buffer areas on the si te as required by City code, in a form acceptable to the City Attorney. Cross-easements for ingress/egress and shared parking should be executed in a form acceptable to the City Attorney, prior to final subdivision approval. Financial Obligation - At this time, there are no pending assessments on the parcels proposed for platting. Based upon a study by City staff of the financial obli gations collected in the past and proposed use for the property, there are no outstanding charges to be collected at time of final subdivision or connection to the City’s utility system. Parks and Recreation - Woodhaven Park is located about ¼ mile south of the subject site. The park is south of Gold Trail across from the Ballantrae apartment complex. In May 2020, the City of Eagan will be installing the City of Eagan’s first all-inclusive playground self-titled Destination All Play as well as a bathroom structure and approximately 20-foot x 30- foot (20’ x 30’) pavilion in Woodhaven Park. The playground will be one of the largest all- inclusive playgrounds in the state at approximately 17,000 sq uare feet. This playground will be an amenity for both current and potential residents. The applicant should install a private trail along Ballantrae Road that connects Silver Bell Road and Gold Trail to assist residents accessing Woodhaven Park. City Code also requires multi-family developments to provide on-site recreational space. The Ballantrae development currently provides a several recreational amenities, with additional Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 16 new areas proposed with the two new buildings. These amenities are discussed in greater detail in the Recreation Space section elsewhere in this report. Cash park and trail dedications for the additional residential units would be due at time of building permit at the rates then in effect. For multi-family development, the 2019 park dedication rate is $3,475 per unit, and trail dedication is $258 per unit. Rates for 2020 and beyond may increase. SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning, Preliminary Planned Development and Preliminary Subdivision to construct two additional buildings adding 110 dwelling units to the Ballantrae Apartments community upon approximately 19.4 acres. The Preliminary Subdivision incorporates two small vacant parcels along Silver Bell Road into the site and creates separate lots for the proposed new buildings. The applicant previously requested approval of a Comprehensive Guide Plan Amendment for High Density residential land use designation for 0.66 acres of the site, which has been directed by the City Council to submit to the Metropolitan Council. City staff will submit the Comprehensive Guide Plan Amendment to Metropolitan Council once the overall 2040 Land Use Plan has been approved and adopted by the City of Eagan. The Rezoning creates one zoning designation for the entire site, and the Preliminary Planned Development allows the two new buildings to be evaluated in the context of the overall apartment complex. The proposal includes deviations from City Code requirements for building height and building setbacks. Other typical zoning standards such as architectural, site lighting and parking appear to be satisfied. The preliminary utility and stormwater management plans are also acceptable. The preliminary site grading plan is also acceptable with some modifications. A Wetland Delineation will be required prior to Final Subdivision or any land disturbance, and conservations easements will be required over the wetlands and wetland buffer areas at the time of Final Subdivision. Park and trail dedications will be due at the time of building permit, and installation of a private trail through the development to facilitate access to Woodhaven Park is a condition of approval. Deviations from typical City Code requirements can be accommoda ted through the proposed Planned Development zoning. The acceptability of the Planned Development with deviations is a policy matter to be determined by City officials. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from R-4 (Residential Multiple) to PD (Planned Development) of 18 acres, legally described as Lot 1, Block 1, Ballantrae 2nd Addition. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 17 To recommend approval of a Preliminary Planned Development to allow two new multi-family buildings upon approximately 19.43 acres upon property legally described as Lot 1, Block 1, Ballantrae 2nd Addition, Lot 1, Block 2, Ballantrae 1st Addition, and Outlot A, Briar Hill 2nd Addition. If approved, the following conditions shall apply: 1. The applicant shall execute a Preliminary Planned Development Agreement and shall contain the following plans. • Site Plan • Building Elevations • Landscape Plan • Tree Preservation Plan • Site Lighting Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. All mechanical equipment shall be screened in accordance with the provisions of the City’s zoning code. 4. At the time of Building Permit, the applicant shall demonstrate the lockers meet the 150 cubic feet per unit standard. 5. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 6. A more detailed Landscape Plan demonstrating compliance with the landscape ordinance shall be provided at the time of Final Planned Development for inclusion in the Final Planned Development Agreement. TREE PRESERVATION 7. The applicant shall provide a Tree Preservation Plan that shows existing trees and woodlands (on and off-site) to preserve existing trees. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 18 8. The applicant shall submit a Tree Mitigation Plan showing the fulfillment of the required tree mitigation at the time of Final Planned Development or Final Subdivision. The Tree Mitigation Plan shall show the number of, size, and species of all required mitigation trees in plan form as well as tabular form. Mitigation trees are in addition to landscape requirements and shall be labeled as such on an overall Landscape and Tree Mitigation Plan. If required mitigation trees cannot fit on site, the balance of mitigation shall be provided as cash payment as identified in the City’s Fee Schedule. 9. Tree protective measures shall be placed at the drip line or at the perimeter of the Critical Root Zone (CRZ), whichever is greater. If tree protection fencing cannot be placed and maintained at the required distance (from preserved trees), then either a) these trees shall be considered as removed; or b) a Tree Health Management Plan, prepared by a certified arborist, shall be provided indicating tree management activities to be implemented that will ensure the survival of these trees. 10. Per ordinance, the applicant shall ensure the survival of preserved trees via a Performance Guarantee in the amount of $25.00 per diameter inch of all trees within fifteen feet (15’) of the construction zone; 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. 11. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five (5) 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. GRADING 12. A detailed grading, drainage, erosion, and sedimen t control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 13. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. A Phase 1 (during i nitial grading) Erosion Control Plan and a Phase 2 Erosion Control Plan shall be included in the Plan Set. 14. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 19 received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Enginee r. 15. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. WETLANDS/WATER QUALITY 16. Prior to receiving City approval to permit land disturbing activity, the development shall comply with Eagan’s regulations for wetlands, wetland buffers, conservation easements, and wetland buffer vegetation requirements, according to City Code §11.67 (wetland protection and management regulations). The existing waterbodies on the site, which will receive stormwater runoff from the proposed new construction, shall be evaluated and delineated by a Certified Wetland Delineator, including assessing the wetlands utilizing the Minnesota Routine Assessment Method (MNRAM), for the City to determine wetland management classification(s). Conservation easements shall be required over lands (including buffer areas), depending on the wetland classification(s). 17. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention and 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). 18. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of 3 soil borings equally spaced within the footprint of e ach proposed infiltration area, extending a minimum of 10’ below the bottom of each proposed infiltration feature with continuous sam pling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs in dicate 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. 19. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration system details, including that a) an off-line bypass to prevent construction stormwater from entering the perforated pipe galleries shall be provided until drainage area stabilization, b) solid bottom isolator rows (appropriately sized) are provided at any stormwater inlet point into the underground systems, c) sub- soils shall have appropriate composition and minimal compaction to ensu re adequate infiltration capability, d) no limestone shall be used below or between the chambers, e) Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 20 unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10-inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall provide 24-hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over- excavation, installation of pre-treatment sumps, inlets, outlets, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before installation. 20. The applicant shall provide adequately sized pre-treatment structure (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately upstream of, any stormwater treatment facility inlet 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) using Eagan Standard Detail Plate E231. 21. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater tha n 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with City Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Mana gement Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheets. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24-hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 22. The applicant shall be responsible to upgrade the outlet control structure for Pond AP- 37 on site to City Standards, in a manner acceptable to the City Engineer. 23. Prior to proceeding with land disturbing acti vity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 21 detailing the annual inspection and maintenance required to occur to ensure pr oper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 24. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonst rate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans meeting City requirements for as-built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), infiltration chamber galleries, etc.), including soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City. Phots/video of final inspection of clean unde rground infiltration chamber gallery system and contributing stormsewer shall be provided to the City Engineer. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. UTILITIES 25. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 26. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant s hall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic ca ble in its construction plans at the time of Building Permit. EASEMENTS/ RIGHT-OF-WAY 27. Cross-easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney, prior to final subdivision approval. 28. Additional drainage and utility easement shall be dedicated on the east side of the southern apartment building to accommodate overland drainage, i n a manner acceptable to the City Engineer. 29. The applicant shall enter into an encroachment agreement for the retaining wall on the east side of the southern building if it is in a drainage and ut ility easement, in a form acceptable to the City Attorney. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 22 30. The applicant shall provide conservation easements over any wetlands and buffer areas on the site as required by City code, in a form acceptable to the City Attorney. STREETS/ACCESS/CIRCULATION 31. The applicant shall extend a pedestrian facility between Silver Bell Road and Gold Trail, in a manner acceptable to the City Engineer. 32. The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer, prior to the approval of t he building permit. PARKS & RECREATION 33. The applicant shall satisfy park and trail dedications through cash dedication, payable at the time of building permit at the rates then in effect. To recommend approval of a Preliminary Subdivision to create three lots upon 19.43 acres upon property legally described as Lot 1, Block 1, Ballantrae 2nd Addition, Lot 1, Block 2, Ballantrae 1st Addition, and Outlot A, Briar Hill 2nd Addition. If approved, the following conditions shall apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat ap proval as adopted by Council on July 1, 2014: A1, B1, C1, C2, C4, E1, F1, G1, H1, and I1. 2. The property shall be platted. 3. A more detailed Landscape Plan demonstrating compliance with the landscape ordinance shall be provided at the time of Final Planned Development for inclusion in the Final Planned Development Agreement. TREE PRESERVATION 4. The applicant shall provide a Tree Preservation Plan that shows existing trees and woodlands (on and off-site) to preserve existing trees. 5. The applicant shall submit a Tree Mitigation Plan showing the fulfillment of the required tree mitigation at the time of Final Planned Development or Final Subdivision. The Tree Mitigation Plan shall show the number of, size, and species of all required mitigation trees Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 23 in plan form as well as tabular form. Mitigation trees are in addition to landscape requirements and shall be labeled as such on an overall Landscape and Tree Mitigation Plan. If required mitigation trees cannot fit on site, the balance of mitigation shall be provided as cash payment as identified in the City’s Fee Schedule. 6. Tree protective measures shall be placed at the drip line or at the perimeter of the Critical Root Zone (CRZ), whichever is greater. If tree protection fencing cannot be placed and maintained at the required distance (from preserved trees), then either a) these trees shall be considered as removed; or b) a Tree Health Management Plan, prepared by a certified arborist, shall be provided indicating tree management activities to be implemented that will ensure the survival of these trees. 7. Per ordinance, the applicant shall ensure the survival of preserved trees via a Performance Guarantee in the amount of $25.00 per diameter inch of all trees within fifteen feet (15’) of the construction zone; 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 greate r. 8. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five (5) days prior to the issuance of the Grading Permit to ensure compliance with the approved Tree Preservation Plan and placement of the T ree Protection Fencing. GRADING 9. 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. 10. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has rece ived 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. 11. 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. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 24 12. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. WETLANDS/WATER QUALITY 13. Prior to receiving City approval to permit land disturbing activity, the development shall comply with Eagan’s regulations for wetlands, wetland buffers, conservation easements, and wetland buffer vegetation requirements, according to City Code §11.67 (wetland protection and management regulations). The existing waterbodies on the site, which will receive stormwater runoff from the proposed new construction, shall be evaluated and delineated by a Certified Wetland Delineator, including assessing the wetlands utilizing the Minnesota Routine Assessment Method (MNRAM), for the City to determine wetland management classification(s). Conservation easements shall be required over lands (including buffer areas), depending on the wetland classification(s). 14. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention and 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). 15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of 3 soil borings equally spaced within the footprint of each proposed infiltration area, extending a minimum of 10’ below the bottom of each proposed infiltration feature with continuo us 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. 16. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration system details, including that a) an off-line bypass to prevent construction stormwater from entering the perforated pipe galleries shall be provided until drainage area stabilization, b) solid bottom isolator rows (appropriately sized) are provided at any stormwater inlet point into the underground systems, c) sub-soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10-inch minimum diameter inspection Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 25 ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall provide 24-hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber syst ems, including over-excavation, installation of pre-treatment sumps, inlets, outlets, etc. Shop drawings related to the underground stormwater inf iltration chamber systems must be provided to the City for review before installation. 17. The applicant shall provide adequately sized pre-treatment structure (e.g. 4-foot minimum depth sump, 5-foot minimum diameter, with floatable skimmer hood, etc.) at, or immediately upstream of, any stormwater treatment facility inlet 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) using Eagan Standard Detail Plate E231. 18. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with City Volume Control require ments. 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 Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheets. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. haul tickets, representative on-site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provid ed that implementing contractor shall provide 24-hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 19. The applicant shall be responsible to upgrade the outlet control structure for Pond AP - 37 on site to City Standards, in a manner acceptable to the City Engineer. 20. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 26 operation and performance of the private perman ent stormwater management system, in a form acceptable to the City Attorney. 21. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as-built plans meeting City requirements for as-built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), infiltration chamber galleries, etc.), including soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City. Phots/video of final inspection of clean underground infiltration chamber gallery system and contributing stormsewer shall be provided to the City Engineer. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. UTILITIES 22. This development shall provide hydrant spacing and locations in accordance with Ci ty Fire Department and Public Works standards. 23. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic cable in its constructi on plans at the time of Building Permit. EASEMENTS 24. Cross-easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney, prior to final subdivision approval. 25. Additional drainage and utility easement sh all be dedicated on the east side of the southern apartment building to accommodate overland drainage, in a manner acceptable to the City Engineer. 26. The applicant shall enter into an encroachment agreement for the retaining wall on the east side of the southern building if it is in a drainage and utility easement, in a form acceptable to the City Attorney. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 27 27. The applicant shall provide conservation easements over any wetlands and buffer areas on the site as required by City code, in a form acceptable to the Cit y Attorney. STREETS/ACCESS/CIRCULATION 28. The applicant shall extend a pedestrian facility to Silver Bell Road and Gold Trail, in a manner acceptable to the City Engineer. 29. The applicant shall provide a contractor parking plan in a form acceptable to the City Engineer, prior to the approval of the building permit. PARKS & RECREATION 30. The applicant shall satisfy park and trail dedications through cash dedication, payable at the time of building permit at the rates then in effect. STANDARD CONDITIONS OF PLAT APPROVAL 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. Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 28 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. 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. This development shall ensure that all dead-end public streets shall have a permanent cul-de- sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 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. G. 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 Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 29 Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council. H. 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 C. I. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. L. 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. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 REVISED: July 10, 1990 Planning Report – Ballantrae Apartments, LLC December 19, 2019 Page 30 REVISED: February 2, 1993 REVISED: July 9, 2009 REVISED: July 1, 2014 STATE T.H. NO. 13SILVER BELL ROADJADE PTCEDARGROVEPKWYHALITESAPPHIRE LN TACONITE TRAIL TACONITE GOLD TRAIL TURQUOISEPTAMETHYST LANEBLUEST ONE LANE CINNABAR DRBERYL ROADGOLD TRAIL BROWNBEARTRAILT U R Q U O IS E T R A I L TURQUOISE CIRTESSERACT PLSTATETRUNKHIGHWAYNO.13KENNEBECDRIVECALCITE DRRO B I N L A N E BLUESTONE DRBLUESTONEDR EAST MAGNETITE PTSILVER BELL CRNICOLS RO A D FLINT DRPERIDOTPATHCINNABAR CTKENNEBECDRIVE BLACKHAWK ROAD JADE LANE RI V V L Y W A YWUTHERING HEIGHTS RDCEDARGROVEPKWYLODESTONELN.LNPUMICE POINT SERPENTINEDRTURQUOISE TRAILLIMONITE LNHEATHERDRRED F O X LN ALDER LANERAHNROADCARNELIAN LANE PUMICE L NGOLD CT CARN E L I A N L A N E SERPENTINE CRC OUNTRY CREEKWAYTRAILDOLOMITEDR O L I VI NEDRCI NNABARDRIVESILVER BELL ROAD EAGANOUTLETSPKW YF L I N T LANE JADE LANE LI MONI TELANEMICA TRAILCINNABAR DRIVESILVER BELL ROAD SE N ECAROADCINNABAR DR BERYL RO A D CARNELIAN LANE BURGUNDY DRPUMICE LANEPUMICE CTG O L D T R A I L WILLOWWAYDIAMOND PTSHAWNEEROAD CARNELIAN LANELAUREL CTJADELANE MICA TRAIL GAB BRO T RAIL LODESTONE CI R .TACONITE PTTURQUOISE TRAILCEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVD Sky HillPark PeridotPathPark WoodhavenPark Fort SnellingState Park BridgeviewPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Ballantrae ApartmentsRequest: Rezoning; Preliminary Planned Development; Preliminary SubdivisionFile Nos.: 20-RZ-02-11-1920-PD-02-11-1920-PS-05-11-19Subject Site MN HWY 13MN HWY 13Silver Bell Road Burgundy Drive Rahn R oad Willow WayN ic o ls R o a d Gold Tr ailCinnabar DriveTurqoise TrailAlder LaneHeather DriveCedar Grove ParkwayLaurel CourtCalcite DriveSilver Bell CircleHeather DriveRa h n Ro a dRa h n Ro a d Rahn Road Gold Trail Gol d Tr ail Gold Trail S i l v e r B e l l R o a dSilver Bell Road0 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-Spring 2019 Project Name: Ballantrae ApartmentsApplication: Rezoning; Prelim. PD; Prelim. Subd.Case Nos.: 20-RZ-02-11-19; 20-PD-02-11-19; 20-PS-05-11-19 DOLOMITE DRIVEGOLD TRAILRAHN R O A DSILVER BELL ROADALDER LANE606060606680806660EPROPOSED DRAINAGEAND UTILITY EASEMENTPROPOSED DRAINAGEAND UTILITY EASEMENT55555555555555131310105555555555555555DRAINAGE & UTILITY EASEMENTPER PLAT (SCHD. B II ITEM NO. 11)DRAINAGE & UTILITY EASEMENTPER PLAT (SCHD. B II ITEM NO. 11)PONDING EASEMENT PER PLAT (SCHD. B II ITEM NO. 11)DRAINAGE & UTILITY EASEMENTPER PLAT (SCHD. B II ITEM NO. 11)DRAINAGE & UTILITY EASEMENTPER PLAT (SCHD. B II ITEM NO. 11)DRAINAGE & UTILITY EASEMENTPER PLAT (SCHD. B II ITEM NO. 11)DRAINAGE & UTILITY EASEMENTPER PLAT (SCHD. B II ITEM NO. 11)DRAINAGE & UTILITY EASEMENTPER PLAT (SCHD. B II ITEM NO. 11)PONDING EASEMENTPER PLAT (SCHD. B IIITEM NO. 11)10101010101010101010 1010101010101010101010101010101010 1010 1010 10101010101010 1010 1010101010101010101010101010101010 1010101010101010101010 1010 10101010 101010101010 1010 1010 1010 1010 1010 1010 1010 10101010 1010101010101010101010101010 10 10 10 10 1010101010101010101010101010101010N00°16'04"W 223.2169.60S89°55'38"EN00°04'22"E 190.65S02°02'22"W 323.10N78°49'32"W 238.6838.95S89°37'08"ES01°24'13"E 84.39N68°47'36"W 154.95S68°46'20"W 142.28N29°06'18" W 7 9.11S89°55'38"E 203.49N00°25'24"W 207.80N00°04'22"E 264.45N89°40'21"E 365.74N36°02'40" W 197.60S89°12'54"W 234.08S12°40'40"W 193.57S79°01'22"W30.19S07°00'46"E 152.08S52°10'28"E 149.19S89°57'52"W 330.56S01°51'42"W 171.57S89°55'57"W 249.54S00°23'29"W 131.02S79°05'58"E 213.9652.62N89°24'50"ES78°28'29"E 79.30S52°10'28"E 119.92S01°28'12"E 197.59N86°08'56"W 84.64N89°39'23"W 292.71N89°39'23"W 396.37N00°04'22"E 142.91N00°00'59"E28.22N89°59'01"W 312.9177.05215.6698.67150.87100.0231.0097.55 233.0157.3694.727.24 22.9593.97114.0630.66113.0390.46234.7832.3755.9584.9788.54192.2312.19271.07107.0029.768.00107.9644.61N82°05'28"WS64°31'24"W 80.9449.07S03°33'35"WS30°34'29"E 78.45S63°20'48"E 75.0812.28S00°14'46"W 283.2648.62 S13°05'17"E 180.2610.3927.29 57.24 228.3898.6298.98169.3564.7356.53 20.97 186.95DRAINAGE & UTILITY EASEMENTPER PLAT OF BRIAR HILL 2NDADD. (SCHD. B II ITEM NO. 2)201020 DRAINAGE & UTILITYEASEMENT PER PLAT OFBRIAR HILL 2ND ADD.(SCHD. B II ITEM NO. 2)10 OWNER: DAVID J & LAUREN KLEINEROWNER: WALTER G ULLRICHOWNER: DANIEL &AWET SOLOMONOWNER: BRIAR HILLHOMEOWNERS ASSOCOWNER: CINDY L SLATEROWNER: SUNWEST TSTCUSTODIAN FOR HENRYTOBLER IAN FOR GAIL TOBLEROWNER:MYRTICE TLOPEZOWNER: JOHN C JR& ANTAWNETTLAVETTA JOHNSONOWNER:DIANE MWINECKEOWNER:LINDSEY ABOLGERMOWNER: BRIAR HILLHOMEOWNERS ASSOCOWNER: SCOTT C& TARA L MILLEROWNER: GERRY A JONESS00°34'52"W 241.99S85°09'46"W 124.60S04°14'58"W 868.41S89°43'56"W 313.01N00°16'04"W 363.00S89°43'56"W 490.16N00°27'36"E 307.9064.88N62°02'44"E7"W4.84N00°15'02"W 401.00S89°55'32"E 989.3566.00S89°55'02"EL=117.00R=385.79Δ=17°22'32"15"6"151.67171.4460.0468.1468.02LOT 1BLOCK 1LOT 2LOT 3161.65219.37170.15218.09573.33416.02177.43VACATE EASEMENT471.61SHEET NUMBER:DATE:Phone(952) 937-515012701 Whitewater Drive, Suite #300Fax(952) 937-5822 Minnetonka, MN 55343(888) 937-5150LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTAVERTICAL SCALE:HORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:PREPARED FOR:N:\0021520.00\DWG\CIVIL\0021520PP01.DWGC00212/02/19BALLANTRAE APARTMENTS - SENTINEL MANAGEMENTEAGAN, MNBALLANTRAEAPARTMENTS -SENTINELMANAGEMENTPRELIMINARYPLAT12/02/19...11/20/195125 EDINA INDUSTRIAL BLVD #100EDINA, MN 55439SENTINELMANAGEMENTCOMPANY, LLC.SHARI LYNN S. AHRENSNOT FOR CONSTRUCTION© 2019 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.com0'60' 120' 180'1" = 60'12/02/19....PER CITY COMMENTS....PROJECT NUMBER: 0021520.00Lot 1, Block 1 = 727,452 Sq. Ft. or 16.70 AcresLot 2, Block 1 = 82,764 Sq. Ft. or 1.90 AcresLot 3, Block 1 = 36,210 Sq. Ft. or 0.83 AcresRight of Way = 0 Sq. Ft. or 0 AcresTotal Area = 846,426 Sq. Ft. or 19.43 AcresProposed Zoning = R4 PDLot 1, Block 1, Ballantrae 2ND ADDITION, Dakota County, Minnesota.andLot 1, Block 2, BALLANTRAE 1ST ADDITION, Dakota County, Minnesota.andOutlot A, BRIAR HILL 2ND ADDITION, Dakota County, Minnesota.PRELIMINARY PLAT OFBALLANTRAE 3RD ADDITIONEXISTING PROPERTY DESCRIPTIONPROPOSED LOT AREASSentinel Management, LLC.5125 Edina Industrial Blvd, Suite 100Edina, MN 55439Contact: Fabrizio MonterminiOWNERWESTWOOD PROFESSIONAL SERVICES12701 WHITEWATER DRIVE, SUITE 300MINNETONKA, MN 55343PHONE: 952-937-5150SURVEYOR/ENGINEER UP UP A5 3 A5 2 A5 1 A5 4 1 2 3 4 5 6 A B C D 16' - 0"28' - 0"16' - 0"30' - 0"30' - 0"30' - 0"30' - 0"30' - 0" 1 2 3 4 5 6 7 8 9 10 24 23 22 21 20 19 18 17 16 15 12 13 1411 TRASH 8' - 6"ELEC PARCELS MAIL INTERCOM ELEV STAIR 1 2 3 4 T LOWER LEVEL PARKING: (23) STANDARD PARKING STALLS (1) ACCESSIBLE PARKING STALL TOTAL PARKING STALLS = 24 CARS 24 CARS Sheet Title Project Number Sheet Number Issued For Date Project Client Project Manager Date Reg. No. I hereby certified 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 of Minnesota Edward A. Farr ©COPYRIGHT 2019 Location 11/20/2019 8:32:52 AMA118.080 SOUTH BUILDING - PARKING LEVEL 11/20/2019 16362 EAF Ballantrae Apartments Eagan, Minnesota SCALE:1/8" = 1'-0"A1 1 LOWER LEVEL P-1 N 0'4'8'16' SITE PLAN REVIEW 11/20/2019 UP UP DN A5 3 A5 2 A5 1 A5 4 154' - 0"WDWD64' - 0"W D REF BR 2 BR 3 MBR5' - 6"4' - 0"4' - 0"13' - 4" 12' - 0" 14' - 0" 9' - 0"57' - 4"9' - 0" 14' - 0" 12' - 0" 13' - 4" 13' - 4" 12' - 0"42' - 4"18' - 8"42' - 4"12' - 0" 13' - 4" 1 2 3 4 5 6 7 27' - 1" 9' - 10" 27' - 1" FLOOR UNIT TOTALS: (2) 3 BR UNIT = 2,984 SF (2) 2 BR UNITS = 2,225 SF (4) 1 BR UNITS = 2,883 SF TOTAL UNIT AREA = 8,092 SF 2 BR UNIT 1, 151 SF 1 BR UNIT 754 SF 1 BR UNIT 749 SF 2 BR UNIT 1, 074 SF 3 BR UNIT 1, 453 SF 1 BR UNIT 690 SF 1 BR UNIT 690 SF 3 BR UNIT 1, 531 SF Sheet Title Project Number Sheet Number Issued For Date Project Client Project Manager Date Reg. No. I hereby certified 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 of Minnesota Edward A. Farr ©COPYRIGHT 2019 Location 11/20/2019 8:32:54 AMA218.080 SOUTH BUILDING - FIRST FLOOR PLAN 11/20/2019 16362 EAF Ballantrae Apartments Eagan, Minnesota SCALE:1/8" = 1'-0"A2 1 FIRST FLOOR N 0'4'8' 16' SITE PLAN REVIEW 11/20/2019 DN DN UP A5 3 A5 2 A5 1 A5 4 1 2 3 4 5 6 7 FLOOR UNIT TOTALS: (2) 3 BR UNIT = 2,984 SF (2) 2 BR UNITS = 2,225 SF (4) 1 BR UNITS = 2,883 SF TOTAL UNIT AREA = 8,092 SF 2 BR UNIT 1, 151 SF 1 BR UNIT 754 SF 1 BR UNIT 749 SF 2 BR UNIT 1, 074 SF 3 BR UNIT 1, 453 SF 1 BR UNIT 690 SF 1 BR UNIT 690 SF 3 BR UNIT 1, 531 SF Sheet Title Project Number Sheet Number Issued For Date Project Client Project Manager Date Reg. No. I hereby certified 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 of Minnesota Edward A. Farr ©COPYRIGHT 2019 Location 11/20/2019 8:32:55 AMA318.080 SOUTH BUILDING - SECOND FLOOR PLAN 11/20/2019 16362 EAF Ballantrae Apartments Eagan, Minnesota SCALE:1/8" = 1'-0"A3 1 SECOND FLOOR N 0'4'8' 16' SITE PLAN REVIEW 11/20/2019 DN A5 3 A5 2 A5 1 A5 4 1 2 3 4 5 6 7 FLOOR UNIT TOTALS: (2) 3 BR UNIT = 2,984 SF (2) 2 BR UNITS = 2,225 SF (4) 1 BR UNITS = 2,883 SF TOTAL UNIT AREA = 8,092 SF 2 BR UNIT 1, 151 SF 1 BR UNIT 754 SF 1 BR UNIT 749 SF 2 BR UNIT 1, 074 SF 3 BR UNIT 1, 453 SF 1 BR UNIT 690 SF 1 BR UNIT 690 SF 3 BR UNIT 1, 531 SF Sheet Title Project Number Sheet Number Issued For Date Project Client Project Manager Date Reg. No. I hereby certified 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 of Minnesota Edward A. Farr ©COPYRIGHT 2019 Location 11/20/2019 8:32:56 AMA418.080 SOUTH BUILDING - THIRD FLOOR PLAN 11/20/2019 16362 EAF Ballantrae Apartments Eagan, Minnesota N 0'4'8' 16' SCALE:1/8" = 1'-0"A4 1 THIRD FLOOR SITE PLAN REVIEW 11/20/2019 SEE 1/A5.1 FOR TYPICAL NOTES ROOF 133' -0" LOWER LEVEL P-1 88' -0" FLOOR 1 100' -0" FLOOR 2 111' -0" FLOOR 3 122' -0" 9 101112 6 13 4. 2 3 5 7 12.4 14 BUILDING HEIGHT = 52'-0"AVE. GRADE PLANE 812.0' MID-HEIGHT OF PITCHED ROOF (EL. 812.5') 3.3. 1 2. 14. ROOF 133' -0" LOWER LEVEL P-1 88' -0" FLOOR 1 100' -0" FLOOR 2 111' -0" FLOOR 3 122' -0" SEE 1/A5.1 FOR TYPICAL NOTES 811. SEE 1/A5.1 FOR TYPICAL NOTES BUILDING HEIGHT = 54'-6"AVE. GRADE PLANE 812.0' MID-HEIGHT OF PITCHED ROOF GLEN-GERY HARMONY SERIES CRIMSON POINTE MODULAR FIBRE CEMENT LAP SIDING FIBRE CEMENT SHAKE SIDING LANDMARK CERTAIN TEED MISSION BROWN ARCHITECTURAL SHINGLES 1 2 3 4 6 LIMESTONE COLORED MASONRY VENEER 5 EIFS Sheet Title Project Number Sheet Number Issued For Date Project Client Project Manager Date Reg. No. I hereby certified 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 of Minnesota Edward A. Farr ©COPYRIGHT 2019 Location 11/20/2019 8:32:59 AMA518.080 SOUTH BUILDING - EXTERIOR ELEVATIONS 11/20/2019 16362 EAF Ballantrae Apartments Eagan, Minnesota SCALE:1/16" = 1'-0"A5 2 NORTH ELEVATION SCALE:1/16" = 1'-0"A5 1 WEST ELEVATION SCALE:1/16" = 1'-0"A5 3 EAST ELEVATION SCALE:1/16" = 1'-0"A5 4 SOUTH ELEVATION MATERIALS 1 EIFS 2 LAP SIDING (LIGHT) 3 FACE BRICK 4 STONE 1 (LIGHT) 5 EIFS 6 SHINGLES 7 WOOD TRIM 8 OVERHEAD SECTIONAL DOOR 9 SLIDING GLASS DOOR 10 ALUMINUM/GLASS MAIN ENTRY 11 HOLLOW METAL DOOR 12 CANOPY 13 BALCONY GUARDRAIL 14 LAP SIDING (OFF WHITE) MATERIAL (ELEVATION) CLASS 1: BRICK CLASS 1: DOORS / WINDOWS CLASS 2: MASONRY VENEER CLASS 3: LAP SIDING (LIGHT) CLASS 3: LAP SIDING (OFF WHITE) CLASS 3: SHAKE SIDING CLASS 3: EIFS TOTAL MATERIALS AREA: 1,314 SF 1,104 SF 1,216 SF 2,728 SF 906 SF 792 SF 198 SF 8,211 SF COVERAGE: 16% 13% 15% 33% 11% 10% 2% 100% MATERIAL (ELEVATION) CLASS 1: BRICK CLASS 1: DOORS / WINDOWS CLASS 2: MASONRY VENEER CLASS 3: LAP SIDING (LIGHT) CLASS 3: LAP SIDING (OFF WHITE) CLASS 3: SHAKE SIDING CLASS 3: EIFS TOTAL MATERIALS AREA: 0 SF 128 SF 1,225 SF 1,984 SF 0 SF 0 SF 0 SF 3,337 SF COVERAGE: 0% 4% 37% 59% 0% 0% 0% 100% MATERIAL (ELEVATION) CLASS 1: BRICK CLASS 1: DOORS / WINDOWS CLASS 2: MASONRY VENEER CLASS 3: LAP SIDING (LIGHT) CLASS 3: LAP SIDING (OFF WHITE) CLASS 3: SHAKE SIDING CLASS 3: EIFS TOTAL MATERIALS AREA: 0 SF 960 SF 1,848 SF 3,986 SF 928 SF 0 SF 0 SF 7,722 SF COVERAGE: 0% 12% 24% 52% 12% 0% 0% 100% MATERIAL (ELEVATION) CLASS 1: BRICK CLASS 1: DOORS / WINDOWS CLASS 2: MASONRY VENEER CLASS 3: LAP SIDING (LIGHT) CLASS 3: LAP SIDING (OFF WHITE) CLASS 3: SHAKE SIDING CLASS 3: EIFS TOTAL MATERIALS AREA: 0 SF 261 SF 627 SF 1,992 SF 0 SF 0 SF 0 SF 2,880 SF COVERAGE: 0% 9% 22% 69% 0% 0% 0% 100% SITE PLAN REVIEW 11/20/2019 UP UP DN DNUP UP A9 3 1 2 3 4 5 6 A B C D 1' - 4"17' - 0" 28' - 0" 17' - 0" 1' - 4" 2' - 4" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 15' - 0" 7 14 13 12 11 10 9 8 H G F E 15' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 16 12 165' - 0"64' - 8"165' - 0"16' - 0"28' - 0"16' - 0"A9 1 A9 2 9 15 ELEC WATER/ SPRINK. T FDC TRASH & RECYCLE LOBBY 28 CARS ELEV ELEVTYP19' - 4"23' - 4"TYP19' - 4"TYP 9' - 0" STAIR STAIR IN OUT ~87 STORAGE UNITS ~ ELEV EQUIP EXIT PET WASH SHOVELS & SALT VEST. HALL HAND CARTS CANOPY ABOVE BIKE STOR. A9 3 1 2 3 4 5 6 A B C D 7 14 13 12 11 10 9 8 H G F E 30' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 15' - 0"17' - 0"28' - 0"17' - 0"15' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0" 30' - 0"16' - 0"28' - 0"16' - 0"A9 1 A9 2 UPPER LOBBY 1717 10 14 59 CARS SIDEWALK CLOSET19' - 4"23' - 4"19' - 4"TYP 9' - 0" IN OUT GUARDRAIL VEST. ROOF MAIL RM17' - 0"28' - 0"17' - 0"62' - 0"Sheet Title Project Number Sheet Number Issued For Date Project Client Project Manager Date Reg. No. I hereby certified 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 of Minnesota Edward A. Farr ©COPYRIGHT 2019 Location 11/20/2019 8:30:39 AMA618.080 NORTH BUILDING - LEVELS P1 AND P2 11/19/2019 16362 EAF Balllantrae Apartments Eagan, Minnesota SCALE:1/16" = 1'-0"A6 1 LOWER LEVEL P2 0'8'16' 32' N SCALE:1/16" = 1'-0"A6 3 LOWER LEVEL P1 0'8'16' 32' N SITE PLAN REVIEW 11/20/2019 UP UP UP DN DN DN DN A9 3 A9 1 A9 4 A9 2 9' - 0"8' - 0"32' - 0"8' - 0"9' - 0"14' - 0" 9' - 0" 14' - 0" 1' - 0" 2' - 11" 2' - 1" 16' - 4" 9' - 0" 14' - 0" 9' - 0" 14' - 0" 19' - 0" 30' - 0" 19' - 0" 62' - 0"19' - 0" 20' - 0" 25' - 0"1' - 0"65' - 0"FLOOR UNIT TOTALS: (2) 2 BR + DEN UNITS = 2,694 SF (4) 2 BR UNITS = 4,960 SF (10) 1 BR UNITS = 7,258 SF (4) ALCOVE UNITS = 2,468 SF (2) STUDIO UNITS = 1,032 SF TOTAL UNIT AREA = 18,412 SF STUDIO UNIT 516 SF ALCOVE UNIT 599 SF ALCOVE UNIT 635 SF 1 BR UNIT 691 SF 2 BR + DEN UNIT 1,347 SF 2 BR UNIT 1, 234 SF 2 BR + DEN UNIT 1,347 SF 1 BR UNIT 691 SF ALCOVE UNIT 635 SF ALCOVE UNIT 599 SF STUDIO UNIT 516 SF 2 BR UNIT 1, 234 SF 2 BR UNIT 1, 254 SF 1 BR UNIT 641 SF 1 BR UNIT 648 SF 1 BR UNIT 690 SF 1 BR UNIT 950 SF 1 BR UNIT 968 SF 1 BR UNIT 690 SF 1 BR UNIT 661 SF 1 BR UNIT 628 SF 2 BR UNIT 1, 238 SF A9 3 A9 1 A9 4 A9 2 FLOOR UNIT TOTALS: (2) 2 BR + DEN UNITS = 2,694 SF (4) 2 BR UNITS = 4,960 SF (10) 1 BR UNITS = 7,258 SF (4) ALCOVE UNITS = 2,468 SF (2) STUDIO UNITS = 1,032 SF TOTAL UNIT AREA = 18,412 SF STUDIO UNIT 516 SF ALCOVE UNIT 599 SF ALCOVE UNIT 635 SF 1 BR UNIT 691 SF 2 BR + DEN UNIT 1,347 SF 2 BR UNIT 1, 234 SF 2 BR + DEN UNIT 1,347 SF 1 BR UNIT 691 SF ALCOVE UNIT 635 SF ALCOVE UNIT 599 SF STUDIO UNIT 516 SF 2 BR UNIT 1, 234 SF 2 BR UNIT 1, 254 SF 1 BR UNIT 641 SF 1 BR UNIT 648 SF 1 BR UNIT 690 SF 1 BR UNIT 950 SF 1 BR UNIT 968 SF 1 BR UNIT 690 SF 1 BR UNIT 661 SF 1 BR UNIT 628 SF 2 BR UNIT 1, 238 SF Sheet Title Project Number Sheet Number Issued For Date Project Client Project Manager Date Reg. No. I hereby certified 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 of Minnesota Edward A. Farr ©COPYRIGHT 2019 Location 11/20/2019 8:30:41 AMA718.080 NORTH BUILDING - 1ST AND 2ND FLOORS 11/19/2019 16362 EAF Balllantrae Apartments Eagan, Minnesota SCALE:1/16" = 1'-0"A7 1 FLOOR 1 SCALE:1/16" = 1'-0"A7 2 FLOOR 2 0'8'16' 32' N 0'8'16' 32' N SITE PLAN REVIEW 11/20/2019 A9 3 A9 1 A9 4 A9 2 FLOOR UNIT TOTALS: (2) 2 BR + DEN UNITS = 2,694 SF (4) 2 BR UNITS = 4,960 SF (10) 1 BR UNITS = 7,258 SF (4) ALCOVE UNITS = 2,468 SF (2) STUDIO UNITS = 1,032 SF TOTAL UNIT AREA = 18,412 SF STUDIO UNIT 516 SF ALCOVE UNIT 599 SF ALCOVE UNIT 635 SF 1 BR UNIT 691 SF 2 BR + DEN UNIT 1,347 SF 2 BR UNIT 1, 234 SF 2 BR + DEN UNIT 1,347 SF 1 BR UNIT 691 SF ALCOVE UNIT 635 SF ALCOVE UNIT 599 SF STUDIO UNIT 516 SF 2 BR UNIT 1, 234 SF 2 BR UNIT 1, 254 SF 1 BR UNIT 641 SF 1 BR UNIT 648 SF 1 BR UNIT 690 SF 1 BR UNIT 950 SF 1 BR UNIT 968 SF 1 BR UNIT 690 SF 1 BR UNIT 661 SF 1 BR UNIT 628 SF 2 BR UNIT 1, 238 SF A9 3 A9 1 A9 4 A9 2 GAME ROOM TV FLOOR UNIT TOTALS: (2) 2 BR + DEN UNITS = 2,694 SF (4) 2 BR UNITS = 4,960 SF (8) 1 BR UNITS = 5,340 SF (4) ALCOVE UNITS = 2,468 SF (2) STUDIO UNITS = 1,032 SF TOTAL UNIT AREA = 16,494 SF STUDIO UNIT 516 SF ALCOVE UNIT 599 SF ALCOVE UNIT 635 SF 1 BR UNIT 691 SF 2 BR + DEN UNIT 1,347 SF 2 BR UNIT 1, 234 SF 2 BR + DEN UNIT 1,347 SF 1 BR UNIT 691 SF ALCOVE UNIT 635 SF ALCOVE UNIT 599 SF STUDIO UNIT 516 SF 2 BR UNIT 1, 234 SF 2 BR UNIT 1, 254 SF 1 BR UNIT 641 SF 1 BR UNIT 648 SF 1 BR UNIT 690 SF 1 BR UNIT 691 SF 1 BR UNIT 660 SF 1 BR UNIT 623 SF 2 BR UNIT 1, 238 SF Sheet Title Project Number Sheet Number Issued For Date Project Client Project Manager Date Reg. No. I hereby certified 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 of Minnesota Edward A. Farr ©COPYRIGHT 2019 Location 11/20/2019 8:30:43 AMA818.080 NORTH BUILDING - 3RD AND 4TH FLOORS 11/19/2019 16362 EAF Balllantrae Apartments Eagan, Minnesota SCALE:1/16" = 1'-0"A8 1 FLOOR 3 SCALE: 1/16" = 1'-0" A8 2 FLOOR 4 0'8'16' 32' N 0'8'16' 32' N SITE PLAN REVIEW 11/20/2019 ROOF 144' -0" LOWER LEVEL P2 76' -0" FLOOR 1 100' -0" FLOOR 2 111' -0" FLOOR 3 122' -0" LOWER LEVEL P1 88' -0" FLOOR 4 133' -0" 10 11 12 14 151617 5 7 8 1 2 3 4 6 9 18 4.194.1.2. 1. 16.BUILDING HEIGHT = 66'-0"AVE. GRADE PLANE 84.5' MID-HEIGHT OF PITCHED ROOF RETAINING WALL UP TO 835' 830'830' SEE 3/A5.2 FOR TYPICAL NOTES 830' 835' RETAINING WALL ROOF 144' -0" LOWER LEVEL P2 76' -0" FLOOR 1 100' -0" FLOOR 2 111' -0" FLOOR 3 122' -0" LOWER LEVEL P1 88' -0" FLOOR 4 133' -0" 2. 1. 9. 18. 10. 6. 7. 8. 11. 1. 18. 4. 13 3. (EL. 824')4.18. 831' 825'824' RETAINING WALL ROOF 144' -0" LOWER LEVEL P2 76' -0" FLOOR 1 100' -0" FLOOR 2 111' -0" FLOOR 3 122' -0" LOWER LEVEL P1 88' -0" FLOOR 4 133' -0" 7. 8. 1. 2. 1. 4.5. 6. 9. 1.2.4. 3.BUILDING HEIGHT = 66'-0"AVE. GRADE PLANE 84.5' MID-HEIGHT OF PITCHED ROOF (EL 836') (EL 824') RETAINING WALL BEYOND 831' GLEN-GERY HARMONY SERIES CRIMSON POINTE MODULAR FIBRE CEMENT LAP SIDING FIBRE CEMENT SHAKE SIDING LANDMARK CERTAIN TEED MISSION BROWN ARCHITECTURAL SHINGLES 1 2 3 4 7 LIMESTONE COLORED MASONRY VENEER 5 LIMESTONE COLORED MASONRY VENEER 6 EIFS Sheet Title Project Number Sheet Number Issued For Date Project Client Project Manager Date Reg. No. I hereby certified 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 of Minnesota Edward A. Farr ©COPYRIGHT 2019 Location 11/20/2019 8:30:52 AMA918.080 NORTH BUILDING - ELEVATIONS 11/19/2019 16362 EAF Balllantrae Apartments Eagan, Minnesota SCALE:1/16" = 1'-0"A9 1 SOUTH ELEVATION (CENTER) SCALE:1/16" = 1'-0"A9 4 EAST ELEVATION SCALE:1/16" = 1'-0"A9 3 WEST ELEVATION SCALE:1/16" = 1'-0"A9 2 NORTH ELEVATION (CENTER) MATERIALS 1 SHAKE SIDING (DARK) 2 LAP SIDING (LIGHT) 3 FACE BRICK 4 STONE 1 (LIGHT) 5 STONE 2 (DARK) 6 EIFS 7 SHINGLES 8 BALCONY GUARDRAIL 9 WOOD TRIM 10 OVERHEAD SECTIONAL DOOR 11 SLIDING GLASS DOOR 12 P1 - PAINT DARK GRAY 13 ALUMINUM/GLASS SECONDARY ENTRY 14 ALUMINUM/GLASS STOREFRONT 15 HOLLOW METAL DOOR 16 METAL PANEL 17 CANOPY 18 PREFINISHED METAL COPING 19 PERGOLA SITE PLAN REVIEW 11/20/2019 MATERIAL (SOUTH ELEVATION) CLASS 1: BRICK CLASS 1: DOORS / WINDOWS CLASS 2: MASONRY VENEER CLASS 2: METAL PANEL CLASS 3: LAP SIDING (LIGHT) CLASS 3: SHAKE SIDING CLASS 3: EIFS TOTAL MATERIALS AREA: 9,668 SF 4,278 SF 4,168 SF 1,934 SF 4,482 SF 2,550 SF 3,520 SF 30,600 SF COVERAGE: 32% 14% 14% 6% 15% 8% 12% 100% MATERIAL (NORTH ELEVATION) CLASS 1: BRICK CLASS 1: DOORS / WINDOWS CLASS 2: MASONRY VENEER CLASS 2: METAL PANEL CLASS 3: LAP SIDING (LIGHT) CLASS 3: SHAKE SIDING CLASS 3: EIFS TOTAL MATERIALS AREA: 12,228 SF 2,656 SF 1,786 SF 0 SF 4,541 SF 1,910 SF 2,733 SF 25,854 SF COVERAGE: 47% 10% 7% 0% 18% 7% 11% 100% MATERIAL (EAST ELEVATION) CLASS 1: BRICK CLASS 1: DOORS / WINDOWS CLASS 2: MASONRY VENEER CLASS 2: METAL PANEL CLASS 3: LAP SIDING (LIGHT) CLASS 3: SHAKE SIDING CLASS 3: EIFS TOTAL MATERIALS AREA: 296 SF 532 SF 0 SF 653 SF 514 SF 582 SF 756 SF 3,333 SF COVERAGE: 9% 16% 0% 20% 15% 17% 23% 100% MATERIAL (WEST ELEVATION) CLASS 1: BRICK CLASS 1: DOORS / WINDOWS CLASS 2: MASONRY VENEER CLASS 2: METAL PANEL CLASS 3: LAP SIDING (LIGHT) CLASS 3: SHAKE SIDING CLASS 3: EIFS TOTAL MATERIALS AREA: 714 SF 692 SF 0 SF 952 SF 472 SF 660 SF 756 SF 4,246 SF COVERAGE: 17% 16% 0% 22% 11% 16% 18% 100% Ballantrae Apartments Expansion Preliminary Applications for Subdivision and Planned Development (PD) North Building South Building Project Narrative November 20, 2019 Property Owner: Ballantrae Apartments, LLC and Ballantrae Apartments II, LLC 5215 Edina Industrial Blvd. Suite 100 Edina, MN 55439 Developer: Sentinel Management Company, LLC 5215 Edina Industrial Blvd. Suite 100 Edina, MN 55439 Architecture: Edward Farr Architects, Inc. 7710 Golden Triangle Drive Eden Prairie, MN 55344 Civil Engineering: Westwood Professional Services 12701 Whitewater Drive Suite 300 Minnetonka, MN 55343 1 I. PROJECT OVERVIEW The owner and applicant, Ballantrae Apartments, LLC and Ballantrae Apartments II, LLC (together, “Ballantrae” or “Ballantrae Apartments”) is seeking preliminary approval to rezone the three parcels composing the multifamily community known as Ballantrae Apartments to a Planned Development (the “Planned Development”) in order to facilitate the development of an additional 110-unit multiple family building (“Project”), on an area of vacant property associated with the existing development. Ballantrae Apartments is a 204-unit multifamily community spread across 19.42 acres and three land parcels in Eagan (“City”), Minnesota and is compatible with adjacent multifamily properties, including apartments, townhomes, and a senior living community. The Project is located on Ballantrae’s existing property (the “Property”), which consists of three parcels (together, the “Parcels”). The larger of the three Parcels (PID 10-13300-01-010) (the “Primary Parcel”) consists of approximately 18.10 acres and is currently zoned as R4 and is guided for “high density” residential under the City’s 2040 Future Land Use Plan (“Future Land Use Plan”). The Primary Parcel is developed with the existing apartment complex. The other two Parcels (PIDs 10-13300-02-010 and 10- 14991-00-010)(together, the “Vacant Parcels”) are located in the northeast corner of the Property and consist of approximately 1.33 acres, which are currently a surface parking lot, open space, and a wooded area. The Vacant Parcels are zoned as Planned Development (PD) and Ballantrae has received approval from the Eagan City Council to amend the future land use designation of the easternmost Parcel to “high density” residential. Approval by the Metropolitan Council of the City of Eagan’s 2040 Comprehensive Plan (“Comp Plan”) is still required in order to formalize this amendment. The Planned Development will include the construction of two new multifamily buildings with a total of 110 dwelling units as infill to unimproved areas of the Property. One building will be located on the Vacant Parcels at the northeast end of the property (“North Building”), and the other building will be located to the south on an undeveloped piece of land within the Primary parcel (“South Building”). Current density of the Property is only 10.50 units per acre, well below the allowed R-4 density of 15.8 units per acre (2,750 square feet/unit). This application would bring the Project in line with the Comp Plan policies and goals for the area. Ballantrae has worked with the City of Eagan Planning Commission, Edward Farr Architects, Inc., Westwood Professional Services, and Braun Intertec to gather field information, conduct a new survey, and develop architectural and civil engineering drawings for the new buildings. This preliminary application to rezone all Parcels to the Planned Development (PD) District, if approved at the January 20, 2020 City Council meeting, will be followed by an application to vacate all current easements, a final application for Planned Development (PD), and an application to replat all parcels. If approval is received, applicant would intend to break ground by Spring, 2020. Ballantrae Apartments was originally constructed in 1972, with a major exterior renovation being completed in 2012-2013 and major interior renovations being completed in 2018-2019. The buildings received new foundations at the entrance of the tuck-under garages, all new siding, and new pitched 2 roofs. The owners added 112 new detached garages as part of this renovation. All buildings were also retrofitted with air conditioners, LED lighting, and new interior finishes. Ballantrae Apartments has always been committed to providing quality and affordable housing to residents of Eagan. The current ownership group has operated Ballantrae with pride since the 19 70s, and it has continuously reinvested in the Property to make it a sustainable and attractive community for generations. Through all this reinvestment, rents have remained below the 60% AMI threshold without any inducements or governmental mandates. Ballantrae is excited for the opportunity to continue to reinvest in the Property by adding additional buildings and amenities. Key Facts and Figures:  Site Area: 846,005 Square Feet; 19.422 Acres  Current Zoning Designation Two Parcels zoned PD; One parcel zoned R-4  Proposed Zoning Designation Planned Development (PD)  Current Use and Density 204 multifamily dwelling units, for a total density of 10.50 units per acre  Proposed Use and Density Two new buildings with 110 added dwelling units for multi-family use. Total project density would be 16.17 units per acre.  Proposed Structures Two new buildings with a total area of 175,312 gross square feet. North building proposed with one and a half levels of partially exposed parking (41,251 GSF) and four stories of residential dwelling units (93,082 GSF), for a total height of sixty-six (66) feet and total gross area of 134,333 square feet. South building is proposed with one level of parking (10,148 GSF) and three levels of residential dwelling units (30,831 GSF), for a total height of fifty-two (52) feet and total gross area of 40,979 square feet.  Current Parking 73 attached stalls, 112 detached garage stalls, and 268 surface stalls, for a total number of 453 stalls and a parking ratio of 2.22 stalls per unit.  Proposed Parking A total number of one hundred ten (110) garage stalls and two (2) surface stalls are proposed to be added. The new stall count would be 110 new garage stalls, 73 attached stalls, 112 detached garage stalls, and 270 surface stalls, for a total number of 565 stalls and a parking ratio of 1.80 stalls per unit. 3 II. DEVELOPMENT APPLICATION REQUESTED ACTIONS AND TIMELINE The requested actions for the Ballantrae Apartments Expansion Development Application include: 1. Comprehensive Guide Plan Amendment (completed, awaiting Met Council Approval) 2. Preliminary Planned Development, Preliminary Subdivision and Preliminary Plat 3. Rezoning from R-4 Residential to Planned Development (PD) 4. Final Planned Development and Final Subdivision 5. Petition to Vacate all easements on existing Property 6. Final Plat The proposed timeline for the Ballantrae Apartments Expansion Development Application is as follows: Comprehensive Guide Plan Amendment (completed) August 5, 2019 Submit Preliminary Apps for Subdivision and Planned Development (PD) November 20, 2019 Advisory Planning Commission Meeting December 19, 2019 City Council Meeting January 21, 2020 Submit Petition to Vacate all Easements and Final Applications February 1, 2020 City Council Meeting To Be Determined The Preliminary Applications for Subdivision and Planned Development (PD) includes the following:  Survey of Existing Conditions  Preliminary Plat  Site Plan  Grading, Drainage and Utility Plans  Storm Water Management Plans (SWPPP & Storm water calculations)  Landscaping Plans  Site Lighting Plans  Floor Plans and Building Elevations  Color Building Renderings III. PUBLIC BENEFIT OF PROPOSED PLANNED DEVELOPMENT The Planned Development is consistent with City Code Sec. 11.60, subd. 18.C.12.i, which requires that the Planned Development benefits the public interest. The Planned Development provides several benefits to the public interest, many of which are described in detail below under the required findings under Section VI of this application:  The Planned Development permits the efficient and creative use of the Property by relying upon existing utilities and roads in the community. The Property is well served by City 4 infrastructure and the Project allows for the adaptive infill that meets the growing density and housing needs of the changing area.  The Planned Development will increase the supply of high-quality multi-family housing offerings in the area.  The Planned Development is creatively integrated into the existing topographic features of the site, and will function as a transition from the Cedar Grove District to the lower density townhomes to the east.  The Planned Development will allow for the preservation of a large number of naturally occurring affordable housing (NOAH), which is consistent with several Comp Plan goals, policies, and strategies.  The Planned Development will provide significant improvements to the site’s storm water management system and make investments in existing infrastructure to ensure long -term sustainability.  The Planned Development implements several sustainable design strategies, such as creative storm water collection, energy efficient construction, low-flow plumbing fixtures, energy star appliances, energy efficient windows, LED (low-energy) lighting, and electric vehicle charging stations. The Planned Development also includes a plan to upgrade existing site lighting from high-pressure sodium to LED.  The Planned Development will provide visual consistency and identical building setbacks with immediately adjacent property, while also serving as a transition from higher density development in the west to the lower density townhomes to the east.  The Planned Development will provide aesthetically-appealing structure that will enhance quality of neighborhood and provide increased investment by a long-term multifamily Property owner in the City of Eagan. IV. PROJECT LOCATION The Project site is located on the northeast and southeast corners of the larger multi -family community known as Ballantrae Apartments, located south of Silver Bell Road, east of Ballantrae Road, and north of Gold Trail. V. PROPERTY The Property is composed of the following Parcels:  Ballantrae 1st Addition, Lot 1, Block 2 PID: 10-13300-02-010 Area: 29,301 Square Feet; 0.672 Acres Property Owner: Ballantrae Apartments II, LLC Current Zoning: PD 5  Ballantrae 2nd Addition, Lot 1, Block 1 PID: 10-13301-01-010 Area: 788,073 Square Feet; 18.092 Acres Property Owner: Ballantrae Apartments, LLC Current Zoning: R4  Briar Hill 2nd Addition, Outlot A PID: 10-14991-00-010 Area: 28,631 Square Feet; 0.657 Acres Property Owner: Ballantrae Apartments II, LLC Current Zoning: PD Note: The preliminary application will seek to re-zone all three Parcels into a Planned Development (PD). While the resulting development will function as a single community, the final plat will create three new underlying parcels, one for the existing Property and one for each of the proposed new buildings to accommodate financing requirements. VI. DETAILS FOR PROPOSED PROJECT A. General Project Description Ballantrae is proposing 110 multifamily dwelling units in two buildings. The North Building is proposed to include one and a half levels of partially exposed parking and four stories of residential dwelling units. The lower two levels will feature a precast concrete structure with structured parking, resident storage, pet-wash area, fully-enclosed trash and recycling room and utility support spaces. In addition, the main two-story lobby entrance is located at this grade level. The top four levels will include residential dwelling units plus an indoor-outdoor amenity space / SkyDeck on the uppermost floor. The South Building is proposed to include one level of parking and three levels of residential dwelling units. The lower level will feature a precast concrete structure with structured parking, resident storage and utility support spaces. The main entrance lobby is also located on this lower parking level. The top three levels will include residential dwelling units. Both of these new apartment structures will have elevators for full accessibility compliance. The Project will increase the number of parking spaces on the Property from 453 to 565, bringing the ratio of parking to dwelling units from 2.22 to 1.80 stalls per unit. This is well above the 1.50 stalls per unit required under City Code and appropriate given that Ballantrae has historically been heavily over-parked, especially in the northeast part of the Property on the 43-stall surface lot. That 43-stall surface lot will be replaced with 45 stalls, serving the North Building. The community building will continue to be served by the surface parking available southwest of the community building. Ballantrae is proposing 3 handicap-accessible stalls in the new 45-stall lot, which is one more than is required. 6 B. Total Building Area The North Building is expected to have approximately 102,556 gross square feet of residential and common area and 31,777 gross square feet of parking area. The South Building is expected to have approximately 32,259 gross square feet of residential and common area and 8,720 gross square feet of parking area. C. Building Height – North Building The building height from the proposed average abutting grade (Grade Plane) up to the average height of the pitched roof is sixty-six (66) feet. This exceeds the 60-foot maximum slightly; however, this is mostly due to the significant grade change along Silver Bell Road. The average building height facing the public way is less than 60 feet. The finished floor elevation of the main entrance, on parking Level P2, is 824’. This is also the lowest grade abutting the building. The highest-grade elevation abutting the building is 848’, in the northeast corner. The average elevation (“Grade Plane”) of the adjoining ground level is 832.5’. The two levels of parking are hidden from Silver Bell Road on the east but become gradually more visible on the west. D. Building Height – South Building The building height from the proposed average abutting grade (Grade Plane) up to the average height of the pitched roof is fifty-two (52) feet. The finished floor elevation of the main entrance, on parking Level P1, is 812.5’. The lowest grade abutting the building is approx. 809’. The highest-grade elevation abutting the building is 812.5’. The average elevation of the adjoining ground level (code “Grade Plane”) is 812.0’. E. Site Amenities Ballantrae Apartments already has an abundance of site amenities for the residents. This project will improve upon those features. The existing Community Building has an Indoor Pool, Fitness Center, Locker Rooms, Community Gathering Room, Outdoor Patio on grade, and an Outdoor Deck. Elsewhere around the complex are an outdoor Tennis Court, Playground, Picnic Tables, and a Grilling Area. The proposed development includes a relocation of the one Playground area to a new location at the south end of the commun ity where three-bedroom family units are located, along with one other location to-be-determined on the north side of the property. The proposed development will also include a new dog run and various exterior bike storage facilities throughout the existing development. The proposed North Building will include additional features available to all residents of the community, including a well - appointed Community Room / SkyDeck Lounge on the uppermost floor, complete with outside grills, indoor kitchen area, and a recreational room. The lower level of the North Building will have a Pet Wash room, a Bike Storage Area, and Electric Vehicle Charging Stations. Bike storage will also be available in the lower level of the South Building, as well. 7 F. Exterior Architectural Design and Materials The South Building is designed to fit in seamlessly amongst the other existing low-rise apartment buildings. The façade includes primary materials of fiber -cement siding in two colors and textures (smooth horizontal lap siding and textured shingle-style siding), insulated windows, face brick veneer accents at the entry area, and textured concrete masonry units with integral color for the parking level wall. The pitched roof has an Architectural shingle to match the other existing buildings. The North Building, situated along Silver Bell Road, has an upgraded façade treatment due to: the higher visibility to the public way, a more sophisticated target market and to help offset the reduced building setback from Silver Bell Road. Ext ensive use of face brick veneer, textured / colored concrete masonry units with stone trim, mixed with two styles and textures of fiber- cement siding, EIFS / stucco on the upper floor, and large windows are all included on the façade to convey a more contemporary expression while retaining the primary color scheme of the other Ballantrae buildings. The pitched roof has an Architectural shingle to match the other existing buildings, as well. G. Landscaping and Irrigation The proposed development will provide a variety of overstory and ornamental trees and foundation plantings throughout the new developed areas. Foundation plantings will include a variety of shrubs, ornamental trees, and perennials to provide season color and texture around the buildings and parking areas. All sodded and planted areas will be irrigated. Moreover, any existing trees and plantings that will be destroyed as a result of the development will be replaced elsewhere in accordance with City requirements. H. Building and Monument Signage The community’s existing ground-mounted monument sign at the corner of Silver Bell Road and Ballantrae Road will be retained. Only minor signage will be added to the project. Address numerals will be on the new buildings. A few post-mounted directional signs will be placed as needed for vehicular wayfinding along the (private) Ballantrae Road; they have not been identified or designed at this point. VII. ZONING CODE ANALYSIS A. Rezoning Request Ballantrae Apartments is seeking a rezoning of all three Parcels to the Planned Development (PD) District. The Parcels are subject to the current zoning districts and future land use designations as follows: 8 PID Lot Area Future Land Use Designation (2040 Comp Plan) Existing Zoning 10-13300-02-010 0.67 High Density (HD) Land Use Planned Development (PD) 10-13301-01-010 18.10 High Density (HD) Land Use Residential Multiple (R-4) District 10-14991-00-010 0.66 High Density (HD) Land Use* Planned Development (PD) *Subject to approval of 2040 Comp Plan by the Metropolitan Council. Subject to the approval of the 2040 Comp Plan by the Metropolitan Council, all three P arcels are designated with the High Density (HD) future land use category. The HD designation is described in the 2040 Comp Plan as follows: High Density (HD) land use category is intentionally left without a maximum density range. This has been used by the City of Eagan for the 2020 and 2030 Updates to allow flexibility in site design with zoning control and site parameters ultimately determining maximum development potential. Practically speaking, very little undeveloped HD land remains in Eagan. Virtually all of Eagan’s HD Residential growth is anticipated either as current approved development at various stages within the pipeline, or as Mixed Use redevelopment within designated Special Areas. Therefore, to forecast HD Residential growth within these Mixed Use Special Areas, anticipated maximum residential development was separated from commercial land use and shown as staged acres in Table 3.2a and as unit/density in Table 4.4. Conversely, all forecasted growth is incorporated into Table 3.2b, and accounted for in the Traffic Analysis Zones found in Appendix A. 2040 Comp Plan 6 (emphasis added). The HD future land use designation supports the Applicant’s request to rezone the Property to PD District, the intent of which is as follows: “Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity.” In addition, the PD District was established with the intent of Encouraging a more creative and efficient approach to the use of the land,” and “[e]ncouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan.” City Code Sec. 11.60, subd. 18. a. What impact will the project have on the surrounding properties? The immediate surrounding area is developed as high density residential multi-family buildings to the west and townhomes to the east. The Property is immediately adjacent to and contiguous with the high density Cedar Grove District and will act as an extension of that district. Rezoning the Property to the PD District is consistent with the surrounding land use patterns and will not adversely impact the surrounding properties. 9 b. What impact does the rezoning have on the subject property? Rezoning the Property to the PD District will be consistent with its current use as multi - family residential. Moreover, the rezoning will allow for the creative and efficient development of the Property with additional infill multi-family development, consistent with the High Density future land use designation. The Planned Development will ensure efficient use of underutilized areas of the Property, while preserving both the high-quality open space amenities on the Property. Rezoning the Property to allow multi-family market- rate infill will allow Ballantrae to preserve the 204 units of existing housing on the Property that has historically been affordable, thereby allowing for a broad range of housing o ptions within the single community. c. What impact does the rezoning have on city services, such as sewer, water, stormwater run-off and roads? The Property is well served by existing City services, and the rezoning will allow for the efficient and economical use of the site. No new access will be required as the Property has frontage on Silver Bell Road, and access for the new multi-family buildings will be provided via the existing Ballantrae Apartments driveway. Sanitary sewer and water main service are available to serve the Property without additional City expenditures. The Project will comply with Post Construction Requirements under the City Code for stormwater management and surface water quality. d. Does the requested land use proposed by the rezoning result in a better use of the land? Rezoning the Property will result in a better and more efficient use of the land. By rezoning the Property, Ballantrae will be able to develop existing underutilized portions of the Property with multi-family development and preserve the higher-quality open space and amenities. The Project will use existing utilities and site access and all traffic will be routed through the current Ballantrae Apartments driveway. By allowing this infill with market - rate multi-family housing, the rezoning will have the effect of preserving the existing affordable housing on site. B. PD Density (Sec. 11.60, subd. 18.) The allowed density in the PD District is pursuant to the City’s Comp Plan. The Property is subject to the High Density future land use designation, which is “is intentionally left without a maximum density range.” The proposed density of 16.17 units per acre is therefore consistent with the High Density future land use designation. C. Setback Deviation (Sec. 11.60, subd. 18.C.8) Ballantrae is seeking a reduction of front, side and rear yard setbacks for both new structures. Under R-4 zoning district, the front yard building setback (FYBS) is 50 ft, the side and rear yard building setbacks (SYBS / RYBS) are 30 ft. In addition to the base setback; an additional 3 ft of setback is required for each foot of building height that exceeds 35 ft. Refer to the chart below for the required and proposed setbacks, given the building heights for each building. Because Silver Bell Road is on a hill with a significant grade change along the portion of the Prope rty 10 where the Project will be located, only four (4) stories of residential units are visible above grade from the top of the hill but six (6) stories, which includes the two (2) levels of partially - underground parking, are visible further down. The propo sed building setbacks are consistent with the neighboring property to the west. The adjacent multi -family development is located within the Cedar Grove District, which allows for higher density and setbacks as of right. Here, however, the reduced setbacks and greater flexibility are accomplished through the guiding principles of the PD District and are appropriate in return for providing higher -quality development that is consistent with the intent of the PD District. Bldg / Height Setback Type R-4 base setback R-4 add'l setback R-4 total setback Proposed setback South Building 52' high FYBS 50' (52' - 35') x 3' = 51' 101' 55' SYBS 30' 81' 20' RYBS 30' 81' 30' North Building 66' high FYBS 50' (66' - 35') x 3' = 93' 143' 8' SYBS 30' 123' 25' RYBS 30' 123' 53' a. The Setback Reductions are Consistent with the PD District Intent The reduced setbacks are consistent with all five of the stated goals of the PD District intent, which are as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. Sec. 11.60, subd. 18.A. The reduced setbacks are requested in exchange for contributing to each of the intended principles of the PD District by providing greater creativity and environmental design, a creative and efficient use of the land, and preservation and enhancements of desirable site characteristics. The Vacant Parcels adjacent to Silver Bell Road include approximately 1.33 acres of developable land, but application of the R-4 District setbacks would preclude development of 11 a large portion of the site. Reducing the setback along Silver Bell Road to eight (8) feet is appropriate to encourage and allow the creative infill while being sensitive to the existing site and environmental features. The reduced setbacks for both the North and the South Building will allow for the creative reuse of underutilized portions of the Property with higher density development and sensitivity to existing open space, tree stands, and ponding elsewhere on the site. Further, with the North Building, the proximity to the road further allows fire lanes on the south side of the building, ensuring safety and access, which would be limited if the building was further back from Silver Bell Road. The setback reductions will allow a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comp Plan. The setbacks will allow for higher density consistent with the High Density future land use designation, as well as a more urban feel consistent with the immediately adjacent Cedar Grove District; while at the same time, the creative site design is sensitive t o the lower density townhomes to the east. By designing the building into the hill, the visual impact of the building is reduced from west to east along Silver Bell Road, creating an appropriate transition from the Cedar Grove District to the townhomes to the east. The Project is also consistent with the stated goal of recognizing the economic and cultural advantages that will accrue to the residents of a planned community. By allowing the reduced setbacks, the Project is able to achieve higher density, which in turn serves the needs of the community. The higher density meets the growing demand for high quality market -rate housing in the City and in the region. As residents seek to move closer the City’s growing Cedar Grove District, the Project will meet these needs. At the same time, the Project allows for Ballantrae to continue offering much-needed affordable housing in the same apartment community. In each year since 1996, the earliest Area Median Income (AMI) information is available; Ballantrae Apartment’s rents have been well under 60% of the AMI (and most cases below 50% of AMI). Accordingly, Ballantrae has been providing naturally occurring affordable housing (NOAH) for decades on the Property without subsidy. Reducing the setbacks along Silver Bell Road will allow Ballantrae to continue providing investments in the affordable housing on sit e to ensure a high quality housing development with a range of affordability options. D. Preservation of Open Space (Sec. 11.60, subd. 18.B.4.a[1]) The proposed Planned Development is consistent with the requirement under Section 11.60, subd. 18.B.4.a[1], that the Project preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum intensity or density allowed. By allowing reduced setbacks along Silver Bell Road, the Project will ensure the protection of existing open-space on the Property and will exceed the 15 percent open space requirement by preserving 332,759 square feet (39.3 percent) of the site as open space. This was calculated as the total property area less total impervious and pond areas. Detail is available in the attached exhibits. 12 E. Planned Development - Required Findings (Sec. 11.60, subd. 18.C.14.) The Planned Development is consistent with the following required findings under Section 11.60, subd. 18.C.14. a. The consistency of the proposed planned development with the adopted or proposed Comprehensive Guide Plan of the city. The Planned Development is consistent with the Comp Plan future land use designations, and the goals, policies, and strategies described in the Comp Plan, as follows: 2040 Comp Plan: Housing Chapter  Goal # 5: To recognize the need to provide opportunities for housing that is affordable to low and moderate income households throughout the community.  Policy # 6: The City will promote a diverse mix of housing types and values throughout the community to accommodate the housing needs of persons of all incomes in all stages of life and physical ability.  Policy # 7. The City will support higher density residential development in areas adequatel y served by municipal services; in close proximity to parks, schools, shopping and transit and where existing environmental conditions can be protected.  Policy # 9. The City will offer a range of affordable housing throughout the community.  Policy # 11. The City will support the rehabilitation and upgrading of the existing housing stock.  Affordable Housing Strategies: Focus on retaining existing affordable housing units through targeted maintenance and revitalization efforts in partnership with the Dakot a County CDA. The City will support acquisition and renovation of deteriorated housing by the Dakota County CDA for resale or rental of the renovated dwellings. 2040 Plan 22 2040 Comp Plan: Land Use Chapter  Offer a well-balanced community with a diverse mix of housing types and values in thecommunity to accommodate the housing needs of persons of all incomes in all stages of life.  Ensure redevelopment occurs in an orderly manner and is compatible with existing surrounding uses.  Encourage quality residential development through its requirements for landscaping; development of compatible architecture; preservation or provision of lakes, parks and vegetation; and other amenities.  The City will encourage the preservation and maintenance of significant woodlands, vegetation, wetlands, and other natural features within all developments in order to maintain a high‐quality living environment.  Promote a diverse mix of housing types and values in the community to accommodate the housing needs of persons of all incomes and all stages of life. 13  Support higher density residential development in areas adequately served by municipal services; in close proximity to parks, schools, shopping and transit; and where exi sting environmental conditions can be protected. F. The extent to which the proposed planned development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities. The Planned Development will function as a single unified and cohesive community. The Project has been designed to complement the existing apartment complex and will be functionally and visually cohesive. The on-site circulation and access will be seamlessly integrated into the existing development and use the existing driveway. The existing stormwater improvements will be integrated into the stormwater improvements for the Project, resulting in upgrades for the entire Property. G. The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. The Planned Development will be compatible with and integrated into the surrounding development. The Project has been designed to use the on-site grade changes to create a transition from the higher-density urban style density west of the Property to the lower-density townhomes to the east. The proposed building in the northeast section of the site will be consistent in size and setbacks from Silver Bell Road as the adjacent development in the Cedar Grove District, and the visual impact of the building will transition from six (6) to four (4) stories as you travel from west to east on Silver Bell Road. H. That any exceptions to the city Zoning Ordinance are justified by the design or the development. The only exception requested to the City Code is to the setback along Silver Bell Lake The deviation from the R-4 District setback is justified by the existing site constraints and will allow for the creative and flexible development of the Site. As described in greater detail under Section VI.C, above, due to the narrow site and the adjacency of the road, strict compliance would preclude development on a larger portion of the Property. The setback reduction allows for the creative and efficient development of the site while improving safety, aesthetics, and preservation of open spaces on the Property. I. The sufficiency of each planned development phase's size, composition, and arrangement in order that its construction and operation is feasible without dependence upon any subsequent phase. The existing multi-family development on the Property was constructed in 1972. The proposed Project will convert the original development into a creative and efficiently designed Planned Development. The conversion to a Planned Development will be constructed in a single ph ase, utilizing the existing on-site utilities and access. 14 J. The burden or impact created by the planned development on parks, schools, streets, and other public facilities and utilities. The Planned Development will not have an increased burden on parks, schools, streets or other public utilities. The Property is well served by utilities and road access. The proposed Planned Development will make efficient use of the existing utilities and roads, without the need for additional infrastructure or access onto Silver Bell Road. K. The impact of the planned development on environmental quality and on the reasonable enjoyment of the surrounding property. The Planned Development is designed to preserve existing on-site open space and environmental amenities. The Project will result in a significant investment in the stormwater management on the Property, increasing the environmental quality of runoff. The Project is designed to make use of the existing open space and limit impacts on adjacent Properties. VIII. STORM WATER MANAGEMENT Stormwater runoff will be directed to underground storm chamber systems that will provide required discharge rate control and water quality treatment as required per city standards. The stormwater runoff will ultimately discharge to one of two on-site stormwater ponds. A Preliminary Stormwater Management Plan is included as an exhibit. IX. STREET AND SITE LIGHTING Site lighting for new outdoor parking lots will be down-cast LED light fixtures on bronze steel poles. The Owner is establishing a medium-term plan to replace the older high-pressure sodium light fixtures around the community to newer LED lights, as well. X. UTILITIES Sanitary sewer and water services are available within the current development and will be extended to the proposed buildings, as shown in the exhibits. 4819-7678-9165, v. 6 End April 13, 2020 Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan Ballantrae Apartments, LLC Comprehensive Plan Amendment - Administrative Review Metropolitan Council Review File No. 22062-3 Metropolitan Council District 15 Dear Ms. Dudziak: The Metropolitan Council received the City’s Ballantrae Apartments, LLC plan amendment on March 26, 2020. The amendment reguides 0.66 acres from Medium Density Residential to High Density Residential located south of Silver Bell Road and east of Ballantrae Road. This amendment requests a land use change to permit the subject property to be developed as part of the existing Ballantrae Apartments site with the construction of a new four -story, multi-family building consisting of 86 units. Council staff find s the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines adopted by the Council on July 28, 2010. The proposed amendment does not affect official forecasts or the City’s ability to accommodate its share of the region’s afford able housing need. Therefore, the Council will waive further review and action; and the City may place this amendment into effect. The amendment, explanatory materials, and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions please contact Jerome Benner II, Principal Reviewer, at 651 -602-1494. Sincerely, Angela R. Torres, AICP, Manager Local Planning Assistance CC: Tod Sherman, Development Reviews Coordinator, MnDOT Metro Phillip Sterner, Metropolitan Council District 15 Patrick Boylan, Sector Representative Jerome Benner II, Principal Reviewer Raya Esmaeili, Reviews Coordinator N:\CommDev \LPA\Communities \Eagan\Letters \Eagan 2020 Ballantrae Apartments LLC CPA Admin Revie w 22062- 3.docx Agenda Information Memo May 5, 2020, Eagan City Council Meeting NEW BUSINESS C. Authorize Staff to Close Cascade Bay for the 2020 Season Action To Be Considered: To authorize the closing of Cascade Bay waterpark for the 2020 summer season. Required Vote For Approval: Council Majority required for authorization Facts:  Cascade Bay is the city’s large water park located on the City Campus.  Cascade Bay has several large maintenance related repairs and Renewal and Replacement items that are needed, of which at least a few would require more time that pre and post season time (April – May and September – October) would allow to make the repairs and finish the projects. These projects do not include significant reconstruction options outlined in the Comprehensive Facilities Study completed in 2019.  In a typical year by May 1 all 150 part time positions are already hired and training schedules are coordinated. To date, we only have applications for about half of the needed positions, and staff anticipates significant difficulty in filling remaining positions.  With respect to training of staff, there is concern that adequate training protocols for lifeguarding can be completed under current social distancing and safety measures in place.  Cascade Bay is operated as an Enterprise Funded property for the City with no tax dollars subsidizing operations. Most years, this property operates with a net positive financial position. Poor weather summers happen and can impact this from time to time. 2018 was the facility’s best year on record, and 2019 ended strong with good final numbers. Each year, attendance was near record high.  Additional capital projects set for future years could be considered for summer 2020 for completion and prevent any future delays in opening, or needs to close facility.  COVID 19 has created several health-related concerns, anticipated to be continued throughout the summer months and recommended by the World Health Organization and Centers for Disease Control, including: o Physical/social distancing between participants o Additional cleaning and sanitization of surfaces o Lower numbers of people allowed in larger entertainment venues o Hand washing/sanitation availability o Wearing of masks for anyone not in the water, including staff  Staff has analyzed several different scenarios including delayed openings; changing operation hours; closing certain amenities; and full year as normal. In all scenarios, staff does not anticipate being able to operate the facility without a significant financial subsidy, due mainly to anticipated reduced revenues and attendance.  Several Cities, Counties and Special Park Districts have already closed their major water parks for summer 2020 and it is anticipated that more will do so in the following weeks. Issues: Staff provides the following issues if Cascade Bay operates in any capacity in 2020: o How can social distancing be maintained throughout the property? o Future year closures may still be needed for facility rehabilitation and projects, will that be supported in a future year more than closing and doing these projects now? Attachments: (2) NBC-1 Staffing shortages and best case operations memo NBC-2 List of projects for consideration during summer 2020 Cascade Bay Staffing Updates, 4/28/2020 Current Hiring Status 2020 Season (assumes running at Full Staff) Leadership: Aquatics Operations Assistant • Hired/started on March 15 and then was furloughed on March 30 Deck Coordinator: • Need 4 • Offers made to 4/All have accepted • Only 2 have current LGI Cert Guest Relations Coordinator: • Need 5 • Offers made to 5/Originally all accepted o One candidate (most experienced) just withdrew due to Covid-19 situation and needing guaranteed employment Head Guards • Need 6-8 (2 per shift minimum) • Have 8 candidates (all internal) o Only 1 has LGI Cert (return HG) Guest Relations Service Lead (Name TBD/Formerly GR2) • Need 6-8 (2 per shift minimum) • Had too many last year; making more selective/similar to Head Guard for 2020 • Have 5 return candidates from last year who have applied Regular Staff Lifeguards: • Currently at 35 offers out with one very good new candidate to interview (last week we were at 31) • 56% Full (35 out of 62) o 31 Return o 4 New • We had one new hire (not counted here) who withdrew due to Covid-19/needing to find guaranteed employment Pool Attendants: • Currently at 15 offers out with 3 applications to potentially interview (last week we were at 14) • 52% Full (15 our of 29) o 4 Return o 11 New Guest Relations: • Currently at 18 offers out with no new candidates (last week we were at 17) • 38% Full (18 out of 40) o 11 Return o 7 New Building and Grounds: • Currently remain at 1 hired 2 needed. • 50% Full (no new candidates) • This may be the group that is in charge of additional sanitization cleaning throughout the day, which may require an addition 2-3 people to be hired. Hiring updates/Notes: • Essentially still around 50% of FULL CAPACITY. o If/when we open it will almost guaranteed to be at a reduced capacity, which would let us reduce staff by approximately 20%. That would put us at about 67% full. None of the Facility Models Currently Account for extended Social Distancing and accommodations that would need to be made for that. 4/28/2020 New Option Alternative Opening/Staffing Models based on Covid-19 Restrictions or Challenges Limited Capacity Split Day Scenario This Scenario would get the most number of patrons through in one day and also allow for additional cleaning/sanitation of facility: • Assumes approx 250 Patrons in facility at once (or whatever CDC/State of MN guidelines would be – currently this number is 10 people) o Is it fiscally worth opening for less than that if guidelines are lower than 250? The amount of lifeguarding doesn’t change much when you have reduced people in the pool because you are guarding pool environment as much as attendance demands. • Would have 4 “Sessions Per Day” (prices are a guestimate at this point) o S1: AM & PM Cardio Bay (regular fees/passes) 6am-8:45am & 8-9:15pm (?) o S2: AM Groups/Little Mates/Season Pass Swim (depending on day): 9:30-11:00am ($5) o S3: Afternoon: 12:00-4:00pm ($10) o S4: Evening: 5-7:30pm ($7)  Either no Evening Swim on Private Rental Nights or don’t have Private Rentals, due to size.  Possibly Extended Swim on those days 12-5:30pm with Private rentals starting at 6:30pm • This would get approximately 800+ through the facility with the various sessions (potentially more if we keep Private Rentals – which groups and rentals make up a large portion of the facility’s revenue base and most are over 250 in size. • More patrons through in one day does not necessarily mean we generate more revenue—just allows for more community members to utilize. • Closures between each “session” will allow for more in-depth cleaning throughout the day. • No swim lessons for 2020. • This would utilize the 2 Team per day Model with an “all hands on deck” approach to cleaning/flipping the facility between sessions. Considerations: • All entry fees to CB would need to be adjusted/reduced for 2020 except Cardio Bay to reflect the shorter entry time/usage time. • Use an online only ticket reservation system to manage capacity for each session. o Season Pass holders would need to be managed some way or don’t have them for 2020 due to the reduced rates. • Would still allow for groups on certain days of the week for reduced time. Groups would be limited in size/usage. o Or simplify and don’t have groups for 2020. Depends on the “value” of those partnerships for us. Some of those programs may not even run for 2020 and so we may not want to limit potential usage and then have a group cancel. o It should be noted that each day we are getting cancellations of large groups with reservations as their needs have changed as well during this pandemic. • Would potentially allow for Private Rentals to still happen. Renters would need to agree to the capacity level (do we reduce their fee because they have a significantly reduced capacity) – if so we would not recover our costs in providing for the private rental. • Negative impact on concessions, and a reduced offering within concessions may be needed for simplification and safety standards. • Would operate at approximately 80% of standard Full Staff Capacity, reducing staff costs some, but not at the same rate of reduced revenues. Total list of projects/options to complete with greater time with pool shut down. The following renewal and replacement/CIP projects at Cascade Bay could be considered in spring/summer 2020 if the pool was shut down for the season: Renewal and Replacement projects: 1. New surface of main pool 2. Coping stone repair and replacement project 3. Ship removal (becoming dangerous and needs to be addressed in the next year or two) 4. Roof replacement for buildings 5. Shade structures installed 6. Shower towers in entrance area replaced. 7. Floors of facilities reconditioned 8. Sound system upgrade Capital Improvement Projects: 9. Front entrance redesign completed 10. Concession trailer update The Ship replacement and pool surfacing are both items that could take longer than we would typically have to get projects done in the pre or post season time at the facility.